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THE TELANGANA MUNICIPALITIES ACT, 1965.

(ACT NO. 6 OF 1965)


ARRANGEMENT OF SECTIONS
Sections
PART I
Preliminary.
1. Short title, extent and commencement.
2. Definitions.
2A. Omitted.
PART II
Constitution of Municipalities and constitution or
appointment of municipal authorities.
CHAPTER I
Constitution of Municipalities.
3. Constitution of Municipalities.
3A. Abolition of Municipalities.
CHAPTER II.
Constitution or appointment of municipal
authorities.
4. The Municipal Authorities.
(a) Council
5. Constitution of Municipal Council.
5A. Symbols for direct elections.
5B. Constitution of Ward Committee.
5C. Constitution, composition, functions of Area
Sabha etc.
5D. Constitution of Ward Sabha.
2 [Act No. 6 of 1965]

6. Incorporation of Council.
7. Special provision in the case of newly constituted
and reconstituted councils.
8. Reservation of seats.
9. Reservation of Office of members and
chairperson to cease after certain date.
10. Division of municipalities into wards, etc., for the
purpose of election of members.
10A. State Election Commission.
10B. Powers and functions of the State Election
Commission.
11. Preparation and publication of electoral roll for a
municipality.
12. Voter Identity Cards.
13. Qualification of candidates.
13-A. General Disqualification.
13-B. Persons having more than two children to be
disqualified.
14. Disqualification for election or for holding office
as a member.
15. Other disqualifications of candidates.
15A. Disqualification on ground of corrupt practice or
election offences.
15B. Disqualification for failure to lodge account of
election expenses.
16. Disqualification of Members.
17. District Judge to decide questions of
disqualifications of Members.
18. Omitted.
[Act No. 6 of 1965] 3

19. Omitted.
20. Term of office of Members and filling of seats.
21. Casual vacancies of members.
21-A. Postponement of casual elections to the office of
Members and Chairman/Chair-person.
22. Procedure when no Member is elected.
(b) Chairman/Chairperson
23. Election of Chairman/Chairperson and Vice-
Chairperson.
23-A. Resolution of disputes relating to cessation for
disobedience of party whip.
24. Reservation of offices of Chairpersons.
25. Merged in section 23.
26. Cessation of Office of Chairman/Chairperson and
Vice-Chairman.
26-A. Procedure when office of chairman/chair-person is
vacant.
27. Notification of elections.
28. Requisitioning of premises and vehicles for election
purposes.
28-A. Payment of Compensation.
28-B. Power to obtain information.
28-C. Eviction from requisitioned premises.
28-D. Penalty for contravention of any order regarding
requisitioning.
28-E. Voting machines at elections.
(c) Commissioner
29. Appointment of Commissioner.
4 [Act No. 6 of 1965]

CHAPTER III.
Powers and functions of the Municipal Authorities.
(a) The Council.
30. Vesting of municipal administration in the Council.
30-A. Performance of functions by the Council.
31. Council’s power to call for records.
31-A. Appointment of Committees.
32. Rules and regulations for proceedings of Council.
33. Acts of councils, etc., not to be invalidated by defect
in constitution, vacancy, etc.
34. Council to submit annual administration report to
Government and to furnish information relating to its
plan schemes to Zilla Praja Parishad.
35. Vesting of public streets and appurtenances in the
council.
36. Duty of council in respect of public streets with-
drawn from its control.
37. Vacant lands belonging to Government situated in
the municipality to be in the possession or under the
control of the council.
38. Collected sewage, etc., to belong to council.
39. Power of Board of Revenue to transfer control of
endowments to council.
40. Acceptance of donation, endowments or trust by the
council.
41. Subjects not provided for by this Act.
42. Procedure of acquisition of immovable property
under the Land Acquisition Act.
[Act No. 6 of 1965] 5

43. Authority to contract and contractual power of


persons appointed by Government.
44. Rules regarding the conditions on which contracts
may be made.
45. Mode of executing contracts.
46. Motion of no confidence in Chairman/
Chairperson/Vice-Chairperson.
(b) The Chairman/Chairperson and Members.
47. Powers and functions of the Chairman/ Chairperson.
48. Power of Chairman/Chairperson to incur contingent
expenditure.
49. Emergency powers of the Chairman/ Chairperson.
50. Delegation and devolution of functions of
Chairman/Chairperson.
51. Presidency of council.
52. Member when to abstain from taking part in
discussion and voting.
53. Duties and powers of individual Members.
54. Payment of honorarium and conveyance allowance
to Chairman/Chairperson and conveyance
allowance to Members.
55. Resignation of Member, Vice-Chairman.
(c) Commissioner
56. Powers and functions of the Commissioner.
57. Omitted.
58. Commissioner to attend the meetings of the council
and the committees.
6 [Act No. 6 of 1965]

CHAPTER IV.
CONTROLLING AUTHORITIES AND THEIR
POWERS
59. Government’s power to cancel or suspend
resolutions, etc.
59-A. Government’s power to suspend
Chairman/Chairperson or Vice-Chair- person or
Member.
60. Government’s power to remove
Chairman/Chairperson or vice-chairman.
61. Omitted.
62. Government’s power to dissolve the council.
62-A. Appointment of Special Officer.
62-B. Appointment of Special Officers to the
Municipalities in Scheduled Areas.
63. Government’s power to appoint officers to
supervise municipalities.
64. Government’s power to take action in certain
cases.
65. Government’s power to undertake works for
municipality.
66. District Collector’s power to enforce execution of
resolutions.
67. Power of District Collector and Government for
purposes of control.
68. Emergency powers of District Collector.
69. Powers of officers acting for, or in default of,
council and liability of municipal fund.
70. Powers of District Collector to suspend
resolution, etc.
[Act No. 6 of 1965] 7

PART III
MUNICIPAL ESTABLISHMENT.
Officers and employees of or under the Council.
71. Appointment of Officers and employees.
72. Government’s power to regulate the methods of
recruitment, conditions of service, etc., of officers
appointed under sections 29 and 71.
73. Other officers and employees of council.
74. Appointment to posts of officers and employees
of Council sanctioned under section 73.
75. Power of Government to transfer officers and
employees of municipalities.
76. Power of council to frame regulations.
77. Power to punish municipal employees.
78. Power to grant leave to officers and employees.
79. Special provisions regarding Government
employees lent to council.
80. Constitution of Common Municipal Service.
PART IV
CHAPTER - 1
Taxation
81. Levy of ordinary taxes and the control of
Government in respect thereof.
82. Duty on transfers of property.
83. Notification of new taxes.
84. Saving for certain provisions of the Constitution
of India.
8 [Act No. 6 of 1965]

(i) Property Tax.


85. Levy of property tax.
85-A. Constitution of the Telangana State Property Tax
Board.
85-B. Composition of the Board.
85-C. Qualification for the Chairman/Chair-person and
Members.
85-D. Term and other conditions of service of
Chairman/Chairperson and Members.
85-E. Resignation.
85-F. Removal from Office.
85-G. Staff of the Board.
85-H. Functions of the Board.
85-I. Powers of the Board.
85-J. Meetings of the Board.
85-K. Funds of the Board.
85-L. Expenditure.
85-M. Budget.
85-N. Accounts.
85-O. Audit.
85-P. Annual Report.
85-Q. Delegation of powers and functions by the
Board.
85-R. Members, officers and employees to be public
servants.
86. Levy of property tax on a direction by
Government.
87. Method of assessment of property tax.
[Act No. 6 of 1965] 9

88. General exemptions.


89. Taxation to be uniform.
90. Property tax a first charge on property.
91. Property tax when payable.
91-A. Power to correct the assessment records.
92. Vacancy remission.
93. Obligation of transferor and transferee to give notice
of transfer.
94. Owner’s obligation to give notice of construction, re-
construction or demolition of building.
95. Powers of Commissioner or valuation officer to call
for information and enter upon premises.
96-102. Omitted.
(iii) Tax on carriages and carts.
103. General provisions regarding tax on carriages and
carts.
104. Liability to tax according to period for which carriage
has been kept.
105. Cart liable to tax to be registered.
106. Non-liability to tax in certain cases.
107. Exemptions.
108. Compounding of tax.
109. Forms to be sent to and returned by tax payers.
110. Grant of license to carriages on payment of tax and
prepayment of tax condition precedent registration
of carriages.
111. Power to require numbers to be affixed to bicycles,
etc.
10 [Act No. 6 of 1965]

112. Seizure of vehicles not bearing numbers.


(iv) Tax on Animals.
113. Tax on animals.
Tax on advertisement.
114. Omitted.
115. Prohibition of advertisements without written
permission of Commissioner.
116. Permission of the Commissioner to become void in
certain cases.
117. Owner or person in occupation to be deemed
responsible.
118. Removal of unauthorised advertisements.
119. Collection of tax on advertisements.
Duty on transfers of property.
120. Method of assessment of duty on transfers of
property.
121. Provisions of the Indian Stamp Act, 1899 applicable
on the introduction of the duty on transfers of
property.
122. Power to make rules regarding assessment and the
collection of duty on transfer of property.
123. Omitted.
General provision regarding taxation.
124. Power to write off irrecoverable taxes, etc.
CHAPTER II.
Finance.
MUNICIPAL FUND.
125. Definition of Municipal Fund.
[Act No. 6 of 1965] 11

Budget
126. Budget Estimate.
127. Revised or Supplementary Budget.
127-A. Preparation of annual accounts.
128. Appointment of auditors of Accounts.
129. Contribution to expenditure by other local
authorities.
130. Applications of Schedule II.
Loans and Advances.
131. Guarantee by Government of principal of, and
interest on, the loans floated by council for purposes
of the Act.
132. Recovery of loans and advances made by the
Government.
132-A. Finance Commission.
PART-V.
PUBLIC HEALTH, SAFETY AND CONVENIENCE,
CHAPTER I.
WATER-SUPPLY, LIGHTING AND DRAINAGE.
Water-supply—Vesting of works and powers of
municipal authorities.
133. Vesting of works in councils.
134. Construction and maintenance of water works.
135. Constitution of water boards for local authorities.
136. Trespass on premises connected with water supply.
137. Prohibition of building over water mains.
138. Council to provide water for use.
12 [Act No. 6 of 1965]

139. Control over connections.


140. Private water supply for consumption and use and
power of the Chairman/Chairperson and
Chairman/Chairperson to enforce provision of water
supply.
141. Power of council to make bye-laws for water supply.
142. Levy and collection of pipe-line service charges.
142-A. Penal action for meddling with water mains.
Supply beyond limits of municipality.
143. Supply beyond the limits of municipality.
Disconnection of water-supply.
144. Power to disconnect water-supply.
145. Non-liability of council for disconnection or stoppage
of supply in certain cases.
Lighting.
146. Provision for lighting public streets.
Public Drainage.
147. Maintenance of system of drainage by council.
147-A. Acceptance of contributions towards the capital cost
of underground drainage.
148. Owners of buildings to pay for clearance of sullage
from their buildings by connecting their house-
drains with public drains.
Private Drainage.
149. Control over house-drains privies and cess pools.
150. Connection of house-drains or private latrines with
public drains or underground sewers.
151. Commissioner may close or limit the use of existing
private drains.
[Act No. 6 of 1965] 13

152. Power of Commissioner to drain premises in


combination.
153. Building etc., not to be erected without permission
over drains.
154. Construction of culverts or drain-coverings by owner
or occupier.
155. Power to regulate discharge of water from building
or land.
Public latrines.
156. Provision of public latrines and urinals.
156-A. Licensing of public latrines and urinals.
Private latrines.
157. Provision of latrines by owner or occupier.
158. Provision of latrines for labourers.
159. Provision of latrines for markets, cart-stands, cattle-
sheds, choultries, etc.
General powers.
160. Latrines to be screened from view and kept clean.
161. Power to carry wire, pipes, drains, etc., through
private property subject to causing as little
inconvenience as possible and paying for direct
damage.
162. Prohibition against making connection with mains
without permission.
163. Powers in respect of works outside the municipality.
CHAPTER II.
SCAVENGING.
164. Council to arrange for the removal of rubbish and
filth and for the preparation and sale of compost.
14 [Act No. 6 of 1965]

165. Contribution from persons having control over


places of pilgrimage.
166. Prohibition of improper disposal of carcasses,
rubbish and filth.
167. Prohibition against keeping night soil etc.
168. Prohibition against allowing outflow of filth.
169. Prohibition against using any cart without cover in
the removal of filth, etc.
170. Prohibition against throwing rubbish or filth into
drains.
170-A. Disposal of waste.
CHAPTER III - STREETS.
Public Streets.
171. Maintenance and repair of streets.
171-A. Government’s power to repair the public streets
vested in the municipal council.
172. Powers of municipal authorities.
173. Power to dispose of permanently closed streets.
174. Acquisition of land and buildings for improvement of
streets.
175. Power to specify building line and street alignment.
176. Buildings not to be constructed within street
alignment or building line.
177. Setting back projecting buildings or walls.
178. Setting buildings forward to improve line of street.
179. Projected streets.
180. Watering of streets.
181. Temporary closure of streets.
[Act No. 6 of 1965] 15

182. Protection of appurtenances and materials.


183. Power of municipality to recover expenses caused
by extraordinary traffic.
Private Streets.
184. Owner’s obligation to make a layout and to form a
street or road when disposing of lands as building
sites.
185. Making of a layout and forming of new private street
or road.
186. Alteration or demolition of street or road made in
breach of section 185.
187. Power of Commissioner to order work to be carried
out or to execute it in default.
188. Right of owner to require street to be declared
public.
Encroachments on streets.
189. Prohibition against obstruction in or over streets.
190. Streets open to all.
191. Prohibition and regulation of doors, ground floor
windows and bars opening outwards.
192. Removal of encroachments.
193. Power to allow certain projections and erections.
194. Power to evict certain persons from municipal
premises.
195. Precautions during repair of streets.
196. Prohibition against removal of bars and lights.
197. Prohibition against making holes and causing
obstruction.
16 [Act No. 6 of 1965]

198. License for work on buildings likely to cause


obstruction.
199. Clearing of debris of fallen houses etc., by occupier.
199-A. Punishment for destroying road direction.
Naming of Streets.
200. Naming of Public streets.
Numbers on buildings.
201. Numbering of buildings.
CHAPTER IV - BUILDING REGULATIONS.
General Powers.
202. Construction of buildings for public worship.
203. Permission for construction of new building not to
be granted on certain sites.
204. Building site and construction of buildings.
205. Powers of council to regulate future construction of
certain classes of buildings in particular street or
localities.
206. Buildings at corner of streets.
207. Prohibition against use of inflammable materials for
buildings without permission.
208. Prohibition against constructing doors, ground-floor
windows and bars so as to open outwards.
Buildings other than huts.
209. Application to construct or reconstruct buildings.
210. Necessity for prior approval of site.
211. Prohibition against commencement of work without
permission.
[Act No. 6 of 1965] 17

212. Period within which Commissioner is to signify


approval or disapproval.
213. Period within which Commissioner is to grant or
refuse to grant permission to execute work.
214. Effect of delay in grant or refusal of approval or
permission.
215. Grounds on which approval of site for or license to
construct or reconstruct building may be refused.
216. Lapse of permission.
217. Power to require alteration of work.
218. Stoppage of work endangering human life.
218-A. Regulation and penalization of construction of
buildings in deviation of sanctioned plan.
WELLS.
219. Application of certain sections to wells.
HUTS.
220. Application to construct or reconstruct huts.
221. Prohibition against commencement of work without
permission.
222. Period within which Commissioner is to grant or
refuse to grant permission to execute the work.
223. Effect of delay in grant or refusal of permission.
224. Grounds on which permission to construct or
reconstruct hut may be refused.
225. Lapse of a permission.
External walls, alterations and additions.
226. Maintenance of external walls in repairs.
227. Application of provisions to alterations and
additions.
18 [Act No. 6 of 1965]

228. Demolition or alteration of building work unlawfully


commenced, carried on or completed.
EXEMPTIONS.
229. Exemptions.
230. Omitted.
CHAPTER V.
NUISANCE.
Dangerous structures, trees and places.
231. Precautions in case of dangerous structures.
232. Precautions in case of dangerous trees.
233. Precautions in case of dangerous tanks, wells,
holes, etc.
234. Power to stop dangerous quarrying.
235. Precaution against fire.
Control over wells, tanks, etc.
236. Prohibition of construction of wells, tanks, etc.,
without the permission of the Chairman/
Chairperson.
237. Filling in of polls, etc., which are a nuisance.
238. Regulation or prohibition of certain kinds of
cultivation.
239. Cleansing of insanitary private tank or well used for
drinking.
240. Duty of council in respect of public well or
receptacle of stagnant water.
241. Public wells, etc., open to all.
242. Prohibition against or regulation of washing animals
or clothes or fishing or drinking in public water
courses, tanks, etc.
[Act No. 6 of 1965] 19

243. Provision of public wash houses.


244. Prohibition against washing by washerman at
unauthorized places.
245. Prohibition against defiling water of tanks, etc.,
whether public or private.
CONTROL OVER ABANDONED LANDS,
UNTRIMMED HEDGES, ETC.
246. Untenanted buildings or lands.
247. Removal of filth or noxious vegetation.
248. Fencing of buildings or lands and pruning of hedges
and trees.
Control over insanitary buildings.
249. Lime washing, cleaning, etc., of buildings.
250. Further powers with reference to insanitary
buildings.
251. Buildings unfit for human habitation.
252. Abatement of overcrowding in dwelling house or
dwelling place.
Control over certain animals.
253. Prohibition against feeding certain animals on filth.
254. Prohibition against keeping animals so as to be a
nuisance or dangerous.
255. Power to destroy stray pigs and dogs.
General.
256. Power to use or sell materials of dangerous
structure taken down etc.
257. Procedure where there is no owner or occupier.
258. Limitation of compensation.
20 [Act No. 6 of 1965]

CHAPTER-VI
LICENCES AND FEES.
259. Central or State Government not required to take out
license, etc.
Keeping of animals.
260. Licenses for places in which animals are kept.
261. General powers of control over stables, cattle-sheds
and cow houses.
262. Power to direct discontinuance of use of building as
stable, cattle-shed or cow-house.
263. Purposes for which places may not be used without
licenses.
Industries and factories.
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.
265. Use of steam whistles, etc.
266. Council may issue directions for abatement of
nuisance caused by steam or other power.
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.
268. Notification of residential industrial, commercial etc.,
areas in the municipality.
269. Power of Government to notify the location of the
industries.
270. The Commissioner may enter any factory, work-
shop or work-place.
[Act No. 6 of 1965] 21

270-A. Prohibition of corruption of water by chemicals etc.


Slaughtering of animals.
271. Provision of municipal slaughter-houses.
272. License for slaughter-houses.
273. Slaughter of animals for sale as food.
274. Slaughter of animals during festivals and religious
ceremonies.
The milk trade.
275. Regulation of milk trade.
Markets, butchers, fishmongers and hawkers.
276. Public markets.
277. Power in respect of public markets.
278. Control of the municipal health officer over public
markets.
279. License for private markets.
280. Fee for license.
281. Sale in unlicensed private markets.
282. Powers of council in respect of private markets.
282-A. Revision of tax by the Director of Municipal
Administration.
283. Suspension or refusal of license in default.
284. Prohibition against nuisances in private markets.
285. Power to close private markets.
286. Acquisition of rights of private persons to hold
private markets.
287. Duty of expelling lepers, etc., from markets and
power to excel disturbers.
22 [Act No. 6 of 1965]

288. Butcher’s, fish-monger’s, poulterer’s license.


289. Power to prohibit or regulate sale of articles in public
streets.
290. Decision of disputes as to whether places are
markets.
Cart-stands.
291. Provisions of public cart-stands, etc.
292. Prohibition of use of public place or sides of public
street as cart-stands, etc.
Inspection of places for sale, etc.
293. Duty of municipal health officer to inspect.
294. Powers of municipal health officer for purpose of
inspection.
295. Preventing inspection by municipal health officer.
296. Power of municipal health officer to seize diseased
animals, noxious foods, etc.
297. Removing or interfering with article seized.
298. Power to destroy article seized.
299. Production of articles, etc., seized before magistrate
and powers of Magistrate to deal with them.
Disposal of the dead.
300. Registration or closing of places for disposal of the
dead.
301. Licensing of places for disposal of the dead.
302. Provision of burial and burning grounds and
crematoria within or outside municipality.
303. Register of burial grounds.
304. Report of burials and burnings.
[Act No. 6 of 1965] 23

305. Prohibition against use of burial and burning


grounds dangerous to health or over crowd with
graves.
306. Prohibition in respect of corpses.
307. Grave diggers’ license.
CHAPTER VII.
VITAL STATISTICS AND THE PREVENTION OF
DISEASE.
Vital Statistics
308. Compulsory registration of vital statistics.
Infectious diseases.
309. Definition of infectious diseases.
310. Obligation of medical Practitioner or owner or
occupier of house to report infectious disease.
311. Power of entry into suspected places.
312. Disinfection of buildings and articles.
313. Provision of places for disinfection and power to
destroy infected articles.
314. Prohibition against transfer of infected articles.
315. Power of Chairman/Chairperson to prohibit use of
water likely to spread infection.
316. Municipal Health Officer may order removal of
patients to hospitals.
317. Prohibition against infected person carrying on
occupation.
318. Prohibition against person suffering from infectious
disease entering public conveyance.
319. Letting of infected buildings.
24 [Act No. 6 of 1965]

320. Power to order closure of places of public


entertainment.
321. Minor suffering from infectious disease not to attend
school.
Small-Pox.
322. Compulsory vaccination.
323. Obligation to give information of small-pox.
324. Mosquito control.
325. Power of access to Commissioner for anti-malarial
operations.
PART VI – SUBSIDIARY LEGISLATION AND
PENALTIES.
CHAPTER-I.
RULES, BYE-LAWS AND REGULATIONS, RULES
AND SCHEDULES.
326. Power of Government to make rules.
327. Omitted.
328. Power to amend Schedules.
329. Merged with section 328.
Bye-Laws.
330. Power of Council to make bye- laws.
330-A. Power of Government to make rules in lieu of bye-
laws.
331. Power to give retrospective effect to certain bye-
laws.
332. Conditions precedent to making bye-laws.
333. Confirmation of bye-laws by Government.
333-A. Penalty for breaches of bye-laws.
[Act No. 6 of 1965] 25

Publication of Rules, Bye-laws and Regulations.


334. Copies of Act, rules and bye-laws to be sold at
municipal office.
335. Publication of regulations.
CHAPTER II.
PENALTIES.
336. General provisions regarding penalties specified in
Schedules VI and VII.
337. Penalty for acting as member, Chairman/
Chairperson, Vice-Chairman when disqualified.
338. Penalty for acquisition by municipal officer of interest
in contract or work.
339. Penalty for commission to take out licence for
carriage or animal.
339-A. Penalty for willful prevention of distraint.
340. Penalty for unlawful building.
340-A. Power to seal unauthorised construction/
development or premises.
341. Notice to conservancy worker before discharge, etc.
342. Wrongful restraint of municipal authority or officer
and his delegate.
343. Penalty for not giving information or giving false
information.
CHAPTER -III
CORRUPT PRACTICES AND ELECTION
OFFENCES
CORRUPT PRACTICES
343A. Corrupt practices.
26 [Act No. 6 of 1965]

ELECTORAL OFFENCES
343B. Promoting enmity between classes in connection
with election.
343C. Prohibition of public meetings during period of
forty-eight hours ending with hour fixed for
conclusion of poll.
343D. Disturbance at election meetings.
343E. Restrictions on the printing of pamphlets, posters
etc.
343F. Maintenance of secrecy of voting.
343G. Officers etc. at elections not to act for candidates
or to influence voting.
343H. Prohibition of canvassing in or near polling
stations.
343I. Penalty for disorderly conduct in or near polling
stations.
343J. Penalty for misconduct at the polling station.
343K. Penalty for failure to observe procedure for
voting.
343L. Penalty for illegal hiring or procuring of
conveyance at elections.
343M. Breaches of official duty in connection with
elections.
343N. Penalty for Government servants etc. for acting
as election agent, polling agent or counting
agent.
343O. Prohibition of going armed to or near a polling
station.
343P. Removal of ballot papers or ballot boxes from
polling stations to be an offence.
[Act No. 6 of 1965] 27

343Q. Offence of booth capturing.


343R. Liquor not to be sold, given or distributed on
polling day.
343S. Other offences and penalties thereunder.
343T. Penalty for offences not otherwise provided for.
CHAPTER -IV
MISCELLANEOUS ELECTION MATTERS
343-U. Adjournment of poll in emergencies.
343-V. Fresh poll in the case of destruction etc., of ballot
boxes.
343-W. Adjournment of poll or countermanding of
election on the ground of booth capturing.
343-X. Destruction, loss, etc., of ballot papers at a time
of counting.
343-Y. Electoral officers and staff etc. deemed to be on
deputation.
343-Z. Delegation of the powers of the Commission.
343-ZA. Election petitions.
CHAPTER -V
ELECTION EXPENSES
343ZB. Application of Chapter.
343ZC. Account of election expenses.
343ZD. Lodging of account with the District Election
Authority.
CHAPTER VI
APPOINTMENT OF OBSERVERS
343ZE. Appointment of Observes.
28 [Act No. 6 of 1965]

PART VII.
PROCEDURE AND MISCELLANEOUS.
Licenses and permissions.
344. General provisions regarding licenses and
permissions.
Appeals.
345. Appeals.
346. Limitation of time for appeal.
Power to summon.
347. Power of persons conducting election and other
enquiries.
348. Summons to attend and give evidence or produce
documents.
Notices, Etc.
349. Form of notices and permissions.
350. Signature on documents.
351. Publication of bye-laws, notices, orders, etc.
352. Notice of prohibition or setting part of places.
353. Method of serving documents.
Relations of occupier to owner.
354. Recovery by occupier of sum leviable from owner.
355. Obstruction of owner by occupier.
356. Execution of work by occupier in default of owner.
Powers of entry and inspection.
357. Power of entry to inspect, survey or execute the
work.
358. Power of entry on lands adjacent to works.
[Act No. 6 of 1965] 29

Power to enforce licensing provisions, orders, etc.


359. Consequences of failure to obtain licenses, etc., or
of breach of the same.
360. Time for complying with order and power to enforce
in default.
361. Recovery of expenses from persons liable and
limitation of liability of occupier.
362. Power of Commissioner to agree to receive
payment of expenses in installments.
Payment of Compensation, etc., by and to the
municipality.
363. Power of municipality to pay compensation.
364. Recovery of sums due as taxes.
365. Limitation for recovery of dues.
366. Persons empowered to prosecute.
367. Imprisonment in default of payment and application
of costs, etc.
368. Payment of compensation for damage to municipal
property.
LEGAL PROCEEDINGS.
369. Institution of suits against municipal authorities,
officers and servants.
370. Provisions respecting institution, etc., of civil and
criminal actions and obtaining of legal advice.
371. Power of election authority to defend himself if sued.
372. Injunctions not to be granted in election
proceedings.
373. Indemnity to the Government, Collector, Revenue
Divisional Officer, municipal authorities, officers and
agents.
30 [Act No. 6 of 1965]

374. Liability for loss, waste or misapplication.


375. Sanction for prosecution of Chairman/ Chairperson,
Member, Commissioner or Municipal Health Officer,
or any other officer.
376. Assessments etc., not to be questioned.
377. Injunctions not to be granted in respect of revision or
amendment of assessment book.
POLICE
378. Duties of Police Officers.
379. Power of police officers to arrest persons.
380. Exercise of powers of police officer by Municipal
Officers or employees.
Miscellaneous
381. Application of term of ‘public servant’ to municipal
officers, agents and sub-agents.
382. Prohibition against obstruction of municipal
authorities, employees and contractors.
383. Prohibition against removal of mark.
384. Prohibition against removal or obliteration of notice.
385. Prohibition against unauthorized dealings with
public place or materials.
386. Oath of allegiance to be taken by Member.
387. Delegation of powers by the Government.
387-A. Power to give directions.
388. Adjudication of disputes between local authorities.
389. Act to be read subject to Schedule IX in regard to
first reconstitution of councils, etc.
389-A. Notified Areas.
[Act No. 6 of 1965] 31

389-B. Power to transfer functions of Municipalities to


Telangana Industrial Infrastructure Corporation.
389-C. Disclosure of information.
390. Amendment of Telangana Mining Settlements Act,
1956.
391. Repeal of Andhra Pradesh (Andhra Area) District
Municipalities Act, 1920 and Andhra Pradesh
(Telangana Area) District Municipalities Act, 1956.
Schedule I
RULES REGARDING PROCEEDINGS OF THE
COUNCIL.
Schedule II
TAXATION AND FINANCE RULES.
Schedule III
Omitted.
Schedule IV
PURPOSES FOR WHICH PREMISES MAY NOT BE
USED WITHOUT A LICENCE.
Schedule V
LIST OF INFECTIOUS DISEASES.
Schedule VI
ORDINARY PENALTIES.
Schedule VII
PENALTIES FOR CONTINUING BREACHES.
Schedule VIII
Omitted.
Schedule IX
TRANSITIONAL PROVISIONS.
32 [Act No. 6 of 1965]

Schedule X.
Schedule XI.
THE TELANGANA MUNICIPALITIES ACT, 1965.1

ACT No.6 OF 1965.

PART I
Preliminary.

1. (1) This Act may be called the 2


Telangana Short title, extent
Municipalities Act, 1965. and
commencement.

(2) It extends to the whole of the State of 2Telangana.

(3) It shall come into force on such date as the State


Government may, by notification in the 2Telangana Gazette,
appoint.

2. In this Act, unless the context otherwise requires, Definitions.

(1) ‗Telangana Area‘ means the area in the State of


2
Telangana;

(2) ‗appointment‘, ‗appoint‘, includes temporary


appointment and officiating appointment or to appoint
temporarily or in an officiating capacity;
3
[(2-a) ‗Backward Classes‘ means any socially and
educationally backward classes of citizens recognised by

1. The Andhra Pradesh Municipalities Act, 1965, received the assent of


the President on the 17th February, 1965. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in
G.O.Ms.No.142, Municipal Administration & Urban Development (A2)
Department, dated 29.10.2015.
2. Substituted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
3. Inserted by Act No.7 of 1992.
2 [Act No. 6 of 1965]

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
Central Act 4 of 1939.
Vehicles Act, 1939;

(6) ‗cart‘ includes any wheeled vehicle which is not a


carriage but does not include any motor vehicle within the
Central Act 4 of 1939. meaning of the Motor Vehicles Act, 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;
4
[(7a) ‗ceiling limit‘ means the ceiling limit as specified
Central Act 33 of 1976. in section 4 of 5the Urban Land (Ceiling and Regulation) Act,
1976.]

(8) ‗chairperson‘ means the chairperson of the Council;

4. Inserted by Act No.7 of 1992.


5. This Act has been repealed by the Urban Land (Ceiling and
Regulation) Repeal Act, 1999 (Central Act 15 of 1999).
[Act No. 6 of 1965] 3

6
[(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, and includes any foreign company Central Act 1 of 1956.
within the meaning of section 591 of that Act;

(10) ‗conservancy worker‘ means a person employed


in collecting or removing filth, in cleansing drains or
slaughter houses or in driving carts used for the removal of
filth;

(11) ‗council‘ means a municipal council constituted


under this Act;
7
[(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;]
8
[(13) [xxx]]

(14) ‗factory‘ means any premises including the


precincts thereof,-

(i) wherein 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

6. Inserted by Act No.5 of 1971.


7. Substituted by Act No.17 of 1994.
8. Omitted by Act No.5 of 1971.
4 [Act No. 6 of 1965]

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
Central Act 35 of 1952. the Mines Act, 1952 or a railway running shed;

(15) ‗filth‘ means-

(a) night-soil and other contents of latrines, cesspools


and drains;

(b) dung and the refuse or useless or offensive


material thrown out in consequence of any process of
manufacture, industry or trade; and

(c) putrid and putrefying substances;


9
[(15a) ‗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;

9. Inserted by Act No.17 of 1994.


[Act No. 6 of 1965] 5

(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, Central Act 2 of 1924.
1924;
10
[(20-a) ‗mineral water‘ means mineral water as
defined in item A.32 of Appendix B to the Prevention of
Food Adulteration Rules, 1955, framed under section 23 of Central Act 37 of 1954.
the Prevention of Food Adulteration Act, 1954;]

(21) ‗municipal office‘ means the principal office of any


council;
11
[(22) ‗municipality‘ means a municipality of such
grade as may be declared by the Government, from time to
time, by notification in the 12Telangana Gazette on the basis
of its income and such other criteria as may be prescribed;]
13
[(22a) ‗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
property in the vicinity or persons who may have occasion
to use any public right;

10. Inserted by Act No.36 of 2007.


11. Substituted by Act No.17 of 1990.
12. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
13. Inserted by Act No.17 of 1994.
6 [Act No. 6 of 1965]

(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 chagre of the


animal or vehicle in connection with which the word is used;
14
[(26-a) ‗packaged drinking water‘ (other than Mineral
Water) means water manufactured, packaged, sealed,
labelled and meant for commercial use for drinking purpose
to the general public;]

(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;

14. Inserted by Act No.36 of 2007.


[Act No. 6 of 1965] 7

15
[(27a) ‗population‘ or population at the last census
‗with all its grammatical variations and cognate expressions,
means the population as ascertained at the 16[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 such street, public


bridge or causeway; and

(c) the drains attached to any such street, public


bridge or causeway 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

15. Inserted by Act No.15 of 1981.


16. Substituted by Act No.33 of 1986.
8 [Act No. 6 of 1965]

adjacent property whether that property is private property


or property belonging to the Government;

(32) ‗public water-courses, springs, wells and tanks‘


include those used by the public to such an extent as to
give a prescriptive right to such use;
17
[(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.]
18
[(32-b) ‗Recognised Political party‘ and ‗Registered
Political party‘ shall have the meanings respectively
assigned to them in the Election Sysmbols (Reservation and
Allotment) Order, 1968, issued by the Election Commission
of India under Article 324 of the Constitution of India and in
the Registration of Political Parties and Allotment of Symbols
Order, 2001, issued by the State Election Commission
under article 243-K read with article 243-ZA of the
Constitution of India;]

(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 has 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

17. Substituted by Act No.34 of 2001.


18. Inserted by Act No.28 of 2005.
[Act No. 6 of 1965] 9

has fallen down, 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 ware-house;

(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 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
10 [Act No. 6 of 1965]

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
19
Telangana;

(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 19Telangana;
20
[(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 Re-organisation
Central Act 37 of 1956. Act, 1956;
20
[(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

19. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
20. Inserted by Act No.17 of 1994.
[Act No. 6 of 1965] 11

fit, specify by public notification for the purposes of this Act,


subject to such rules as may be made in this behalf;
21
[(42-aa) Notwithstanding anything contained in clause
(42-a), the areas mentioned in Column No.3 of Schedule X
of this Act shall be deemed to have been constituted as the
smaller urban areas as specified in the corresponding entry
of column 4 of the said schedule.

(a) where an elected body of the Gram Panchayat


constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of expiry of the term of such elected body.

(b) where no elected body of the Gram Panchayat


constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of such commencement.]

(42-b) ‗Wards Committee‘ means a Wards Committee


constituted under section 5-B;]

(43) ‗water course‘ includes any river, stream or


channel whether natural or artificial;

(44) ‗year‘ means the financial year.


22
[2A. [XXX]]

21. Clause (42-aa) inserted by Act No.4 of 2018.


22. Section inserted by Act No.17 of 1994 and omitted by Act No.4 of
2018.
12 [Act No. 6 of 1965]

PART II

Constitution of municipalities and constitution


or appointment of municipal authorities.

CHAPTER I
Constitution of Municipalities.

Constitution of 23
[3. (1) Where a notification is issued specifying an area as
Municipalities.
a smaller urban area under clause (42-a) of section 2, a
Municipality shall be deemed to have been consituted 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.
24
[(1A) The Government may, by notification and in
accordance with such principles and procedure as may be
prescribed in this behalf,-

(a) include within a Municipality any local area or part


thereof, in the vicinity of such Municipality;

(b) exclude from a Municipality, any area comprised


therein.]
25
[(1B) Notwithstanding anything contained in sub-
section 1-A, the areas mentioned in Column No.3 of
Schedule XI of this Act shall stand included and form part of

23. Substituted by Act No.17 of 1994.


24. Sub-section (1A) of section 3 inserted by Act No.8 of 2006.
25. Sub-section (1B) of section 3 inserted by Act No.4 of 2018.
[Act No. 6 of 1965] 13

the area governed by the Municipality shown in the


corresponding entry of Column No.4 of the said Schedule:

(a) where an elected body of the Gram Panchayat


constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of expiry of the term of such elected body;

(b) where no elected body of the Gram Panchayat


constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of such commencement.]

(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, of 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.
26
[(4) [xxx]

(5) [xxx]

26. Sub-sections (4), (5), (5A), (6) and (7) of section 3 are omitted by Act
No.8 of 2006.
14 [Act No. 6 of 1965]

(5A) [xxx]

(6) [xxx]

(7) [xxx]]

Abolition of 27
[3A. (1) The Government may, by notification, abolish any
Municipalities. municipality to which this Act applies, where in 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
Legislature.

(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.]

27. Inserted by Act No.17 of 1990.


[Act No. 6 of 1965] 15

CHAPTER II.
Constitution or appointment of municipal authorities.

4. The municipal authorities charged with carrying out the The Municipal
provisions of this Act are- Authorities.

(a) a council;

(b) a $[chairman/chairperson];

(c) *[a Commissioner;]


28
[(d) ward committee.]

(a) Council

[5. (1) There shall be constituted for each municipality a Constitution of


29

body of members to be called the Municipal Council having Municipal Council.


authority over the municipality.

(2) The Council shall consist of the following members,


namely:-

$. Throughout the Act


For Substituted
1. Chairman - Chairman/Chairperson
Substituted by Act No.33 of 1986.

* Throughout the Act.


1. Secretary - Commissioner
Substituted by Act No. 5 of 1971.
1. Councillor - Member
2. Councillors - Members
# Substituted by Act No.17 of 1994.

28. Substituted by Act No.7 of 2008.


29. Substituted by Act No.4 of 1993 and again substituted by Act No.17
of 1994.
16 [Act No. 6 of 1965]

(i) such number of elected members as may be


notified from time to time by the Government in the
30
Telangana 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:
31
[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 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 Legislative
Assembly.]

30. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
31. Substituted by Act No.5 of 1999.
[Act No. 6 of 1965] 17

(iii) every member of the House of the People


representing a constituency of which a Municipality or a
portion thereof forms part:
32
[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;
33
[(iv-a) Every Member of the Legislative Council of the
State registered as an elector within the area of the
Municipality as on the date of filling of nomination for
becoming Member of Legislative Council or on the date of
nomination by the Governor, as the case may be, shall be
ex-officio member of the Municipality.]
34
[(v) One person having special knowledge or
experience in Municipal Administration be co-opted as

32. Substituted by Act No.5 of 1999.


33. Inserted by Act No.5 of 2008.
34. Clauses (v) and (vi) substituted by Act No.29 of 2005.
18 [Act No. 6 of 1965]

member of the Nagar Panchayat or Municipality in the


prescribed manner by the Council from among the persons
who are registered voters in the Nagar Panchayat or
Municipality as the case may be and who is 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 Nagar Panchayat or the Municipality, as the
case may be, but shall not have the right to vote.

(vi) Two persons belonging to the minorities of whom


one shall be woman be co-opted as members of the Nagar
Panchayat or Municipality in the prescribed manner by the
members specified in clauses (i) to (iv) from among the
persons who are registered voters in the Nagar Panchayat
or Municipality as the case may be and who are not less
than twenty-one years of age:

Provided that the members 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.]

Symbols for direct 35


[5-A. The State Elelction Commission shall, as soon as
elections.
may be, after the issue of election notification, for any direct
election by the voters in the Municipality, to any office
specify by notification published in the 36Telangana Gazette,
the symbols, (including the symbols reserved for recognised
political parties and the symbols, if any, reserved for
registered political parties, for exclusive allotment to
contesting candidates set up by such parties), that may be
chosen by the candidates contesting at such an elelction
and the restrictions to which their choice shall be subject.]

35. Section 5-A substituted by Act No.28 of 2005.


36. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 19

37
[5-B. (1) In every Municipality, there shall be constituted a Constitution of
Ward Committee for each ward of the Municipality. Ward Committee.

(2) Each Ward Committee shall consist of:-

(i) the member of the Council representing the Ward,


who shall be the Chairperson of the Ward Committee;

(ii) not more than ten electors representing the civil


society from the ward nominated by the Council, in such
manner as may be prescribed:

Provided that, if the population of the ward is not more


than ten thousand, the number of nominated members shall
be four, and thereafter there shall be one additional member
for every four thousand population or part thereof:

Provided further that in reckoning the number of


additional members exceeding four, any part less than two
thousand shall be ignored:

Provided also that half of the persons nominated shall


be women.

(iii) the Area Sabha Representatives if there are areas


in the Ward.

Explanation:- For the purposes of this section and


section 5-C, civil society means any non-governmental
organisation or association of persons, established,
constituted or registered under any law for the time being in
force and working for social welfare, and includes any
community based organisation, residents welfare
association, professional institution and civic, health,
educational institution, social or cultural body or any trade

37. For section 5-B (5B, 5C and 5D) substituted by Act No.7 of 2008.
20 [Act No. 6 of 1965]

or industrial organisation, other stakeholders and such other


association or body, as may be prescribed by the
Government.

(3) The qualifications and disqualifications prescribed


for getting elected as member of Council and for holding the
office of member of Council under the Act shall apply
mutatis mutandis for the members of Ward Committee.

(4) The term of office of members of the Ward


Committee shall be co-terminous with the term of office of
Council.

(5) The manner of conduct of business at the meetings


of Ward Committee shall be such as may be prescribed.

(6) The Ward Committee shall perform the following


functions, namely:-

(i) Supervision over:-

(a) sanitation work and drainage;

(b) distribution of water supply;

(c) working of street lights;

(d) minor repairs to roads;

(e) maintenance of markets;

(f) manitenance of parks and play grounds;

(g) poverty alleviation programmes;


[Act No. 6 of 1965] 21

(ii) monitoring the functioning of schools, maternity


centres, dispensaries and health centres under the control
of Municipality;

(iii) facilitation in the collection of taxes and non-taxes;

(iv) preparation of list of beneficiaries for beneficiary


oriented schemes, pensions and subsidies;

(v) prepare Annual Ward Development Plan;

(vi) map ward infrastructure index;

(vii) preparation of inventory of municipal assets;

(viii) assistance in the implementation of Government


Schemes; and

(ix) any other function, as may be prescribed.

(7) The Ward Committee shall have the following rights,


namely:-

(a) to seek information from the Commissioner


regarding any matter pertaining to the ward;

(b) to obtain information about the Master Plan and


Zonal Development Plan of the Municipality;

(c) to obtain municipal budget;

(d) to be consulted in the development of land use and


zoning regulations within the ward; and

(e) to obtain full details of all revenue items relating to


the ward.
22 [Act No. 6 of 1965]

(8) The Municipality shall allocate twenty percent of the


amount earmarked in the annual budget of the Municipality
for maintenance of services, namely, sanitation, water
supply, drainage, roads, street lighting, parks and markets
etc., to all Ward Committees for performing the functions
specified in this section.

(9) The allocation and utilization of funds by Ward


Committees for maintenance of civic services and all
matters relating thereto shall be as such as may be
prescribed.

(10) The Ward Committee may appoint sub-committees


consisting of such number of members to enquire into and
report or advice on any matter which it may refer to them.]

Constitution, 38
[5-C. (1) In respect of a Municipality having population of
composition,
one lakh and above, each ward shall be divided into such
functions of Area
Sabha etc. number of areas based on the population, so however, that
each such area shall as far as possible, consist of not less
than one thousand and not more than two thousand
population.

(2) There shall be an Area Sabha for each area with all
the electors in the jurisdiction of the area. There shall be an
Area Sabha Representative for each area to be nominated
by the Municipal Council from the representatives of the civil
society, as may be prescribed.

(3) The qualifications and disqualifications prescribed for


getting elected as member of Council and for holding the
office of member of Council under the Act shall apply
mutatis mutandis for the representative of the Area Sabha.

38. Section 5-C added by Act No.7 of 2008.


[Act No. 6 of 1965] 23

(4) The term of the representative of the Area Sabha shall


be co-terminous with that of the Municipal Council
concerned.

(5) An Area Sabha shall, having regard to its managerial,


technical, financial and organizational capacity and the
actual conditions obtaining in the ward area perform the
following functions, namely:-

(i) to generate proposals and determine the priority of


schemes and development programmes to be implemented
in the Area Sabha and forward the same to the Ward
Committee for inclusion in the Development Plan of the
Ward Committee;

(ii) to identify the most eligible persons for beneficiary-


oriented schemes on the basis of criteria fixed by
Government and prepare the list of beneficiaries in the order
of priority and forward the same to the Ward Committee for
inclusion in the Development Plan of the Ward Committee;

(iii) to verify the eligibility of persons getting various


kinds of welfare assistance from Government, such as
pensions and subsidies;

(iv) to identify the deficiencies in water supply, street


lighting and sanitation in the jurisdiction of the Area Sabha
and to suggest remedial measures to the Ward Committee;
and

(v) to suggest the location of street lights, public taps,


public wells and public toilets to the Ward Committee.

(6) An Area Sabha shall have the following rights,


namely:-
24 [Act No. 6 of 1965]

(i) to get information from the officials concerned as to


the services they would render and the works proposed to
be executed in the area in the following three months;

(ii) to be informed by the Ward Committee about every


decision taken by it concerning the jurisdiction of the area;

(iii) to be informed by the Ward Committee of the follow


up action taken on the decisions concerning the jurisdiction
of the area;

(iv) to cooperate with the Ward Committee in the


provision of sanitation arrangements in the area; and

(v) to impart awareness on matters of public interest


such as cleanliness, preservation of environment and
prevention of pollution.

(7) The manner of the conduct of business at the


meeting of the Area Sabha shall be such as may be
prescribed.

Constitution of 5-D. (1) There shall be constituted Ward Sabha for each
Ward Sabha. ward in the Municipalities, whose population is less than
one lakh.

(2) All electors in the ward shall be members of the Ward


Sabha.

(3) The member of the Council representing the ward


shall be the convenor of the Ward Sabha.

(4) The manner of conduct of business at the meetings


of Ward Sabha shall be as such as may be prescribed.

(5) A Ward Sabha shall, having regard to its managerial,


technical, financial and organizational capacity and the
[Act No. 6 of 1965] 25

actual conditions obtaining in the ward area perform the


following functions, namely:-

(i) to generate proposals and determine the priority of


schemes and development programmes to be implemented
in the ward and forward the same to the Ward Committee
for inclusion in the development plan of the Ward
Committee;

(ii) to identify the most eligible persons for beneficiary


oriented schemes on the basis of criteria fixed by
Government and prepare the list of beneficiaries in the order
of priority and forward the same to the Ward Committee for
inclusion in the development plan of the Ward Committee;

(iii) to verify the eligibility of persons getting various


kinds of welfare assistance from Government, such as
pensions and subsidies;

(iv) to identify the deficiencies in water supply, street


lighting and sanitation in the jurisdiction of the Ward and to
suggest remedial measures to the Ward Committee; and

(v) to suggest the location of street lights, public taps,


public wells and public toilets to the Ward Committee.

(6) A Ward Sabha shall have the following rights,


namely:-

(i) to get information from the officials concerned as to


the services they would render and the works proposed to
be executed in the Ward in the following three months;

(ii) to be informed by the Ward Committee about every


decision taken by it concerning the jurisdiction of the Ward;
26 [Act No. 6 of 1965]

(iii) to be informed by the Ward Committee of the


follow-up action taken on the decisions concerning the
jurisdiction of the Ward;

(iv) to co-operate with the Ward Committee in the


provision of sanitation arrangements in the ward; and

(v) to impart awareness on matters of public interest


such as cleanliness, preservation of environment and
prevention of polIution.]

Incorporation of 6. The council constituted under section 5 shall, by the


Council. 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.

Special provision 7. (1) Notwithstanding any other provision in this Act,


in the case of where a municipality is constituted for the first time, the
newly constituted
Government may appoint a Special Officer to exercise the
and reconstituted
councils. powers, discharge, the duties and perform the functions of
the council, 39[its Chairperson, its Wards Committees] 40[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 41[the Chairman/Chairperson
and the elected members] 42[XXX] may come into office on
such date as may be specified by the Government by an
order made in this behalf:

39. Substituted by Act No.17 of 1994.


40. Inserted by Act No.33 of 1976.
41. Substituted by Act No.33 of 1986.
42. Omitted by Act No.22 of 1981.
[Act No. 6 of 1965] 27

Provided that the Government may, from time to time,


postpone the date 43[within a period of two years] so
specified if, for any reason, the elections cannot be
completed before such date.
44
[(2-A) 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.]
45
[(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, 46[of
the Chairperson until a Chairperson is elected, of the Wards
Committees until the Wards Committees are constituted],
47
[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;] elected 48[and comes into office] and of a
*[Commissioner] has been appointed, as the case may be.
49
[(4) [xxx]]

43. Substituted by Act No.19 of 2002.


44. Sub-section (2-A) of section 7 inserted by Act No.16 of 1973, and
finally substituted by Act No.33 of 1986.
# Throughout the Act for the words ―Councillor‖ and ―Councillors‖
wherever they occur the words ―Member‖ and ―Members‖ substituted
by Act No.17 of 1994.
45. Substituted by Act No.5 of 1971.
46. Substituted by Act No.17 of 1994.
47. Inserted by Act No.33 of 1976.
48. Substituted by Act No.33 of 1986. (for ―by the Council‖).
49. Omitted by Act No.33 of 1986.
28 [Act No. 6 of 1965]

50
[(5) [xxx]]

(6) The provisions of sub-sections (1) to (5) shall so far


as may be, apply to all cases of reconstitution of councils,
unless other-wise 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.
51
Reservation of [8. (1) In every municipality out of the total strength of
seats. 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 alloted 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;

50. Omitted by Act No.28 of 2005.


51. Substituted by Act No.17 of 1994.
[Act No. 6 of 1965] 29

(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 the 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 the Clause (24)
and Clause (25) of Article 366 of the Constitution of India.
52
[Explanation-II:- In this section, the expression
―Backward classes‖ means any socially and educationally
Backward classes of citizens recognised by the Government
for the purpose of clause (4) of article 15 of the Constitution
of India without reference to the classification but including
the creamy layer amongst such Backward classes of
citizens.]

(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.]
53
[9. The provisions of sections 8 and 23 relating to the Reservation of
reservation of office of members or the Chairperson for the Office
#
of
54 [members] and
Scheduled Castes and Scheduled Tribes [shall cease to
chairperson to
cease after certain
date.
52. Added by Act No.7 of 2012.
53. Inserted by Act No.22 of 1990.
54. Substituted by Act No.13 of 2000.
30 [Act No. 6 of 1965]

have effect on the expiration of the period specified in Article


334 of the Constitution of India.]]

Division of 10. (1) For the purpose of election of members to a


municipalities into council, the Government may, after consulting the council,
wards, etc., for the
by notification in the 55Telangana Gazette,-
purpose of
election of
56
members. [(a) divide the municipality into as many as single
member wards as the number of members notified under
section 5.]
57
[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) 58[xxx]

(3) All the electors of a ward shall be entitled to vote at


an election to any seat in that ward whether reserved or not.
59
[(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.

55. Substituted by G.O.Ms.No.142, Municipal Administration & Urban


Development (A2) Department, dated 29.10.2015.
56. Substituted by Act No.4 of 1993.
57. Two Provisos omitted by Act No.7 of 1968.
58. Sub-section (2) of section 10 omitted by Act No.33 of 1986.
59. Sub-sections (3-A) and (3-B) of section 10 inserted by Act No.7 of
1968.
[Act No. 6 of 1965] 31

(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) 60[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.
61
[10-A. The preparation of electoral rolls for, and the State Election
conduct of elections to, all municipalities in the State shall Commission.
be under the superintendence, direction and control of the
State Election Commission.]
62
[10-B. (1) All elections to the Municipalities shall be held Powers and
functions of the
under the supervision and control of the State Election
State Election
Commission and for this purpose it shall have power to give Commission.
such directions as it may deem necessary to the
Commissioner and Director of Municipal Administration,
District Collector or any officer or servant of the Government
and the Municipalities so as to ensure efficient conduct of
the elections under this Act.

(2) The preparation of electoral rolls for the conduct of


all elections under the Act shall be done under the
supervision and control of the State Election Commission.

60. Substituted by Act No.33 of 1986.


61. Inserted by Act No.17 of 1994.
62. Inserted by Act No.28 of 2005.
32 [Act No. 6 of 1965]

(3) For the purposes of this section the Government


shall provide the State Election Commission with such staff
as may be necessary.

(4) On the request of the State Election Commission,


the State Government shall place at the disposal of the
Commission such staff of the State Government,
Municipalities for the purpose of conduct of elections under
this Act.

(5) The State Election Commissioner may, subject to


control and revision, delegate his powers to such officers as
he may deem necessary.]
63
[(6) The State Election Commission shall issue the
notification and schedule for general election and elections
for casual vacancies in all municipalities in concurrence with
the State Government, which while giving concurrence has
to consider matters pertaining to Law and Order situation,
internal security, availability of police, security personnel,
home guards, central armed police forces and the logistics
of their deployment, availability of staff for election related
duties, availability and procurement of election related
material and premises for polling and counting, conduct of
elections to other legislative and statutory bodies, natural
calamities and seasonal conditions including drinking water
situation and agricultural season, major fairs and festivals,
education calendar and examination in schools and
colleges, onset of any epidemic diseases, operations
relating to collection of vital statistics like census or any
other enumeration and matters involving public interest and
any other administrative exigencies.]

63. Inserted by Act No.4 of 2018.


[Act No. 6 of 1965] 33

64
[11. (1) The electoral roll for a municipality shall be Preparation and
prepared and published by the person authorised by the publication of
electoral roll for a
State Election Commissioner in such manner by reference
municipality.
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 consisit of such part of the
electoral roll for the Assembly Constituency published under
the Representation of the People Act, 1950 as revised or Central Act 43 of 1950.

amended under the said Act, up to the qualifying date as


relates to a municipality or any portion thereof:

Provided that any amendment, transposition or


deletion of any entries in the electoral roll, or 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.

Explanatlon:- Where in the case of any Assembly


Constituency there is no distinct 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,-

64. Section 11 substituted by Act No.34 of 2001.


34 [Act No. 6 of 1965]

(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 wards.

(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 aIteration of
the variation of the limits, as the case may be, authorise a
rearrangement 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
[Act No. 6 of 1965] 35

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 65Telangana Legislative
Assembly.]
66
[12. With a view to preventing impersonation of electors, Voter Identity
provision may be made by rules made under this Act, for the Cards.
production before the Presiding Officer or Poling Officer of a
Polling Station by every such elector, of his identity card
before the delivery of a ballot paper or ballot papers to him,
if under the rules made in that behalf under the Registration
of Electors Rules, 1960 made under the Representation of
the People Act, 1950, electors of the Legislative Assembly Central Act 43 of 1950.
Constituency or Constituencies in which the Municipality is
situated, have been supplied with identity cards with or
without their respective photographs attached thereto.]

65. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
66. Section 12 inserted by Act No.28 of 2005.
36 [Act No. 6 of 1965]

Qualification of 13. A person shall be qualified for election as #[Member]


candidates. only if his name appears on the electoral roll for the
municipality 67[and if he is not less than twenty-one years of
age.]

General Dis- 68
[13-A. A person shall be disqualified for being chosen as,
qualification. 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.

Persons having 13-B. A person having more than two children shall be
more than two disqualified for election or for continuing as member:
children to be
disqualified.
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 commencment) of an
additional child 69[or children] shall not be taken into
conideration for the purposes of this section:

Provided further that a person having more than two


children (excluding the child 69[or children] 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:

67. Added by Act No.18 of 1978.


68. Inserted by Act No.17 of 1994.
69. Inserted by Act No.15 of 2011.
[Act No. 6 of 1965] 37

70
[Provided also that where a person is having one
child through first delivery and more than one child are born
in the subsequent delivery, such person shall not incur
disqulification under this section.]

Provided also that the Government may direct that the


disqualificaton in this section shall not apply in respect of
person for reasons to be recorded in writing.]

14. A person holding an office of profit under a Disqualification for


municipality, the Central Government or the State election or
Government shall be disqualified for election or for holding holding
#
office as a
# [Member].
office as [Member]:

Provided that a person shall not be deemed to hold an


office of profit under a municipality by reason only that he is
a $[chairman/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.

15. (1) A person who has been sentenced by a criminal Other


disqualifications
court—
of candidates.

(a) to imprisonment for an offence under the Central Act 22 of 1955.


71
Protection of Civil Rights Act, 1955;

(b) 72[xxx] 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,

70. Inserted by Act No.15 of 2011.


71. Substituted by Act No.28 of 2005.
72. Omitted by Act No.1 of 1995.
38 [Act No. 6 of 1965]

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;
[Act No. 6 of 1965] 39

(v) the occasional letting out on hire to the


municipality or hiring from the municipality of any article for
an amount not exceeding 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;


73
[(ee) already a member or Sarpanch of a Gram
Panchayat or a member of a Mandal Praja Parishad or Zilla
Praja Parishad constituted under the provisions of the
74
Telangana Panchayat Raj Act, 1994 or a member of a
Municipal Corporation constituted under any law relating to
Municipal Corporations for the time being in force in the
State of 75Telangana;]

(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;
76
[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;

73. Inserted by Act No.5 of 2008.


74. Adapted by G.O.Ms.No.9, PR & RD (Mandal) Department, dated
12.09.2014 and also see for relevant provision in Act No.5 of 2018.
75. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
76. Inserted by Act No.5 of 1971.
40 [Act No. 6 of 1965]

(h) In arrears of any kind due by him otherwise than


in a fiduciary capacity to the municipality up to 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 from service of the Central Government,


the State Government, any municipality or any local
authority for misconduct.

Disqualification on 77
[15A. Any person who is convicted of any offence
ground of corrupt
practice or punishable under Chapter IX-A of the Indian Penal Code,
election offences. 1860, or any person against whom a finding of having
indulged in any corrupt practice is recorded in the verdict in
Central Act 45 of 1860.
an election petition filed under this Act or any person
convicted of an offence punishable under Chapter III of Part
VI of this Act, shall be disqualified for contesting in any
election held under this Act, for a period of six years from
the date of such conviction or verdict, as the case may be.

Disqualification for 15B. If the State Election Commission is satisfied that a


failure to lodge
account of
person,-
election
expenses. (a) has failed to lodge an account of election expenses
within the time limit prescribed and in the manner required
by or under this Act, and

(b) has no good reason or justification for the failure,


the State Election Commission shall, after following the
procedure prescribed, by order published in the
78
Telangana Gazette, declare him,-

77. Sections 15A and 15B inserted by Act No.28 of 2005.


78. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 41

(i) to be ineligible for a period of three years from the


date of the said order to contest any election held for any
office under this Act; and

(ii) to have ceased to hold office, in case he is


elected.]

16. (1) Subject to the provisions of section 17, a Disqualification of


# #
[Member] shall cease to hold his office, if he- [Members].

(a) is sentenced by a criminal court to such


punishment and for such offence as is described in sub-
section (1) of section 15;
79
[(aa) is elected to a Ward/Office reserved for
Scheduled Castes or Shceduled Tribes or Backward
Classes, and subsequently the community certificate on the
basis of which he is elected is cancelled, under section 5 of
the 80Telangana (Scheduled Castes, Scheduled Tribes and Act No.16 of 1993.
Backward Classes) Regulation of issue of Community
Certificates Act, 1993;]

(b) become 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

79. Inserted by Act No.28 of 2005.


80. Adapted by G.O.Ms.No.5, Scheduled Castes Development (POA.A2)
Department, dated 08.08.2014.
42 [Act No. 6 of 1965]

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 as 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 thereof;

(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
if 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
[Act No. 6 of 1965] 43

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 un-expired 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
44 [Act No. 6 of 1965]

applies for restoration to the council 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]:
81
[xxx]
82
[Provided 83[xxx] that] a #[Member] shall not be so
restored more than thrice during his term of office.
84
[16A, 16B & 16C. [xxx]]

District Judge to 17. (1) Where an allegation is made by any voter or


decide questions authority to the *[Commissioner] in writing that any person
of
disqualifications
who is elected as a councilor has not qualified or has
of #[Members]. become disqualified under 85[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,
86
[xxx].
87
[(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

81. Proviso to sub-section (3) inserted by Act No.29 of 1978, omitted by


Act No.22 of 1981.
82. Substituted by Act No.29 of 1978.
83. Omitted by Act No.22 of 1981.
84.Sections 16A, 16B and 16C inserted by Act No.9 of 1987 and omitted
by Act No.17 of 1990.
85. Substituted by Act No.17 of 1994.
86. Omitted by Act No.5 of 1971.
87. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 45

(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.]
88
[(1A) [xxx]]

(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.
89
[18. [xxx]]
89
[19. [xxx]]
90
[20. (1) (a) The term of office of elected #[Members] shall, Term
#
of office of
[Members] and
save as otherwise expressly provided in this Act, be five filling of seats.
years from the date appointed by the election authority for
the first meeting of the Council:
91
[xxx]

88. Sub-section (1A) of section 17 inserted by Act No.9 of 1987 and


omitted by Act No.17 of 1990.
89. The heading ―Election Offences‖ and sections 18 and 19 omitted by
Act No.28 of 2005.
90. Section 20 substituted by Act No.33 of 1986.
91. Proviso to clause (a) of sub-section (1) of section 20 omitted by Act
No.18 of 1992.
46 [Act No. 6 of 1965]

(b) An Ex-officio Councillor shall hold office so long


as he conitinues to be the Member of the Legislative
Assembly of the State or as the case may be, of the House
of the people.
92
[(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;
93
[(4) [xxx]]

Casual vacancies 94
[21. (1) Every casual vacancy in the office of an elected
of members.
member of a municipality shall be reported by the
Commissioner to the State Election Commission within
fifteen days from the date of occurrence of such vacancy
and shall be filled within four months from that date.

(2) A member elected in a casual vacancy shall enter


upon office forthwith but shall hold office only so long as the
member in whose place he is elected would have been
entitled to hold office if the vacancy had not occurred.

(3) No casual election shall be held to a municipality


within six months before the date on which the term of office
of its members expires by efflux of time.]

92. Substituted by Act No.17 of 1994.


93. Sub-section (4) of section 20 omitted by Act No.28 of 2005.
94. Substituted by Act No.28 of 2005.
[Act No. 6 of 1965] 47

95
[21-A. Notwithstanding anything in this Act, or the rules Postponement of
made thereunder, 96[it shall be lawful for the State Election casual elections
to the office of
Commission] to postpone, from time to time by general or #
[Members] and
special order, and for reasons specified therein, any election Chairman.
to fill a casual vacancy in the office of a $[chairman/
chairperson] or a #[Member] of a municipality:

Provided that the total period of such postponement


shall in no case exceed one year;]

22. (1) If at an ordinary or casual election held under Procedure when


#
section 20 or section 21, no #[Member] is elected, a fresh no [Member] is
election shall be held on such day as the election authority elected.
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.

(b) $[chairman/chairperson].
97
[23. (1) The elected members referred to in clause (i) as Election of
well as ex-officio members referred to in 98[clauses (ii) to Chairperson and
(iv-a)] of sub-section (2) of section 5 of this Act, shall elect Vice-Chairperson.
one of its elected Members to be its Chairperson and
another to be its Vice-Chairperson at the first meeting of the
Council after the oridinary elections by show of hands on
party basis duly obeying the party whip given by such
functionary of the recognised political party, in the manner
prescribed. At an election held for that purpose, if
Chairperson or Vice-Chairperson is not elected, fresh
election shall be held on the next day. The names of the

95. Inserted by Act No.33 of 1986.


96. Substituted by Act No.28 of 2005.
97. Substituted (for sections 23 and 25) by Act No.29 of 2005.
98. Substituted by Act No.5 of 2008.
48 [Act No. 6 of 1965]

Chairperson or Vice-Chairperson so elected shall be


published in the prescribed manner. Any casual vacancy in
the said offices shall be filled, in the same manner at a
casual election and a person elected as Chairperson or
Vice-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:

Provided that a member voting under this sub-section


in disobedience of the party whip shall cease to hold office
99
[in the manner prescribed] and the vacancy caused by
such cessation shall be filled as a casual vacancy.

(2) The Chairperson or Vice-Chairperson as the case


may be shall be deemed to have assumed office on his
being declared as such and shall hold office in accordance
with the provisions of this Act and as long as he continues
to be an elected member, unless resigned or removed from
such office by no-confidence motion or for any other reason
in accordance with the provisions of the Act.]
100 101
Resolution of [ [23-A. Where a member ceased to hold office for
disputes relating disobedience of the party whip, he may apply to the District
to cessation for
disobedience of
Court having jurisdiction over the area in which the office of
party whip. Municipality is situated for a decision.]

Reservation of 102
[24. Out of the total number of offices of Chairpersons in
offices of the State, the Government shall, subject to such rules as
Chairpersons.
may be prescribed, reserve-

(i) such number of offices to the Scheduled Castes and


Scheduled Tribes as may be determined subject to the

99. Substituted by Act No.5 of 2008.


100. Substituted by Act No.29 of 1978.
101. Inserted by Act No.5 of 2008.
102. Inserted by Act No.16 of 2009.
[Act No. 6 of 1965] 49

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 of the Municipalities in the State and such offices
may be alloted by rotation to different municipalities in the
State;

(ii) one-third of the offices to the Backward Classes and


such offices may be alloted by rotation to the different
Municipalities in the State;

(iii) not less than one-third of the total number of offices


reserved under clauses (i) and (ii) above for women
belonging to the Scheduled Castes and 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 Scheduled Castes
and 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.]
103
[25. [XXX]]

26. The $[chairman/chairperson] shall cease to hold office Cessation of


as such on his becoming disqualified for holding the office Office of
$
or on his removal from office or on the expiry of his term or [Chairman/
Chairperson] and
on his otherwise ceasing to be a $[chiarman/chairperson] Vice-Chairman.
and the vice-chairman shall cease to hold office as such on
the expiry of his term of office as a #[Member], or on his
otherwise ceasing to be a #[Member].

103. Sections 23 & 25 substituted by section 23 by Act No.29 of 2005.


50 [Act No. 6 of 1965]

Procedure when 26-A. (1) Where the office of the $[chairman/chairperson]


office of falls vacant, the vice-chairman shall perform the functions of
$
[chairman/
the $[chairman/chairperson] until a new $[chairman/
chairperson] is
vacant. 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
for the election of the $[chairman/chairperson].

(2) Where the office of the $[chairman/chairperson] is


vacant and there is either a vacancy in the office of the vice-
chairman or the vice-chairman 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 or 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
$
[chairman/chairperson] until a new $[chairman/chairperson]
or vice-chairman is elected, or the vice-chairman returns to
jurisdiction or recovers from incapacity.]

Notification of 27. All elections of #[Members], $[chairman/chairperson]


elections. and vice-chairman shall, as soon as may be notified in the
prescribed manner.
104
Requisitioning of [28. (1) If it appears to the Government that in connection
premises and with any election held under this Act,
vehicles for
election purposes.
(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 ballot boxes after a poll has been taken, or

104. Section 28 omitted by Act 5 of 1971. Sections 28, 28-A, 28-B, 28-C,
28-D inserted by Act No.22 of 1981.
[Act No. 6 of 1965] 51

(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 elelction, or transport of any officer, other person for
performance of any duties in connection with such election,
the Government may, by order in writing, requisition such
permises 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
requistioning:

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 or 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.
52 [Act No. 6 of 1965]

Payment of 28-A. (1) Whenever in pursuance of section 28, the


Compensation. 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,
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 there is any dispute as to


the title to receive the compensation or as to the
apportionment 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
posession 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.
[Act No. 6 of 1965] 53

(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 a 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.

28-B. The Government may, with a view to requisitioning Power to obtain


any property under section 28 or determining the information.
compensation payable under section 28A, 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.

28-C. (1) Any person remaining in possession of any Eviction from


requisitioned premises in contravention of any order made requisitioned
under section 28 may be summarily evicted from the premises.
premises by any officer empowered by the Government in
this behalf.
54 [Act No. 6 of 1965]

(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, bolt or break
open any door of any building or do any other act necessary
for effecting such eviction.

Penalty for 28-D. If any person contravences any order made under
contravention of section 28 or section 28B, he shall be punishable with
any order
imprisonment for a term which may extend to one year or
regarding
requisitioning. with fine or with both.]
105
Voting machines [28-E. Notwithstanding anything contained in this Act or
at elections. 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.]
106
[(c) Commissioner]

Appointment of 29. (1) The Government shall appoint a 106[Commissioner


*[Commissioner]. for a municipality who shall be the executive authority of that
municipality:]

105. Inserted by Act No.11 of 2001.


106. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 55

Provided that 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 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 necessary 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.
56 [Act No. 6 of 1965]

CHAPTER - III.

POWERS AND FUNCTIONS OF THE MUNICIPAL


AUTHORITIES.

(a) The Council.

Vesting of 30. Subject to the provisions of this Act, the municipal


municipal
administration shall vest in the council, and for this purpose
administration in
the council. 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 $[chairman/chairperson], 107[xxx] or the Commissioner.

Performance of 108
[30-A. The Council shall also exercise the following
functions by the powers and functions, namely:-
Council.

(1) Planning for economic and social development;

(2) Urban forestry, Protection of the environment and


promotion of ecological aspects;

(3) Safeguarding the interests of weaker sections of


society including the disabled and mentally retarded;

(4) Promotion of cultural, educational and aesthetic


aspects;

(5) Slum improvement and upgradation;

(6) Urban poverty alleviation.]

107. Omitted by Act No.5 of 1971.


108. Added by Act No.7 of 2008.
[Act No. 6 of 1965] 57

31. The council may, at any time, require the Council‘s power
$
[chairman/chairperson] to produce any document which is to call for records.
in his custody. The $[chairman/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.
109
[31-A. (1) A Council may constitute committees or may Appointment of
appoint individual #[Members] to enquire into and report or Committees.
advice 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. 110[In particular, the council may constitute
committees, consisting of the $[chairman/chairperson], the
commissioner and not less than three but not more than
seven #[Members], chosen in this behalf by the council
111
[xxx] 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

109. Section 31-A inserted by Act No.5 of 1971.


110. Added by Act No.29 of 1978.
111. Omitted by Act No.5 of 1982.
58 [Act No. 6 of 1965]

disqualification on the ground of residence, be applicable,


so far as may be, to such persons.]
112
[(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 re-election,
as the case may be, to such committees.]

Rules and 32. The council shall observe the rules in Schedule I and
regulations for may make regulations not inconsistent therewith or with
proceedings of
other provisions of this Act or any rules made by the
council.
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
$
[chairman/chairperson] may exercise for the purpose of
enforcing his decisions on points of order;
113
[(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.

112. Sub-section (3) of section 31-A inserted by Act No.29 of 1978.


113. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 59

33. No act of a council 114[xxx] or of any person acting as Acts of councils,


etc., not to be
the $[chairman/chairperson] vice-chairman, 114[xxx] or
# invalidated by
[Member] shall be deemed to be invalid by reason only of defect in
a defect in the constitution of the municipality 114[xxx] or on constitution,
the ground that the $[chairman/chairperson], vice-chairman, vacancy, etc.,
114
[xxx] 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 $[chairman/chairperson],
vice-chairman, 114[xxx] or #[Member].

34. (1) As soon as may be after the first day of April, in Council to submit
every year, and not later than such date as may be fixed by annual
administration
the Government, the council shall submit to the Government
report to
through the District Collector a report on the administration Government and
of the municipality during the preceding year in such form to furnish
and with such details as the Government may direct. If the information
District Collector makes any remarks on the report, such relating to its plan
schemes to Zilla
remarks shall be forwarded to the council and the council
Praja Parishad.
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. 114[xxx] 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 such manner as the council, subject to the
approval of the Government, may direct.

(4) The council shall furnish to the Zilla Praja Parisahd


concerned such information relating to the plan schemes of

114. Omitted by Act No.5 of 1971.


60 [Act No. 6 of 1965]

the municipality as may, from time to time, be required by


the Zilla Praja Parishad.

Vesting of public 35. (1) All public streets in any municipality with the
streets and pavements, stones and other materials thereof and all
appurtenances in
works, materials and other things provided for such streets,
the council.
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 appurtaining
thereto shall vest in the council.

(2) The Government may, after consultation with the


council, by notification in the 115Telangana Gazette, withdraw
any such street, sewer, drain, drainage work, tunnel or
culvert from the control of the council.

Duty of council in 36. Where any public street has been withdrawn from the
respect of public control of a council under sub-section (2) of section 35 and
streets with-drawn
from its control.
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 fund, 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, alongside or
under such street;

(c) for the provision, maintenance and repair of


footways attached to such street:

115. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
[Act No. 6 of 1965] 61

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.

37. (1) On and from the date of the commencement of this Vacant lands
Act, and vacant lands belonging to or under the control of belonging to
Government
the Government situate within the local limits of a
situated in the
municipality shall, subject to the provision, of sub-sections municipality to be
(2) and (3) and to such conditions as may be prescribed be in the possession
deemed to be in the possession or under the control of the or under the
council concerned for purposes of this Act. control of the
council.

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
116
[for any public purpose or for purpose of alienation to any
person or local authority].
116
[(3) The council shall not—

116. Substituted by Act No.5 of 1971.


62 [Act No. 6 of 1965]

(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;

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 for any housing scheme;

(c) alienate such vacant land to any third party.]

Collected sewage, 117


38. All rubbish and filth and other matter collected by or
etc., to belong to
on behalf of a council under this Act shall belong to the
council.
council.

Power of Board of 39. (1) Subject to the control of the Government, the Board
Revenue to of Revenue may, by notification in the 118Telangana Gazette,
transfer control of
endowments to
with the consent of a council, make over to the council the
council. 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
119
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 superintendent such endowment.

117. Section 38 deemed to have come into force from 01.04.1969 vide
Act 5 of 1971.
118. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
119. Andhra Area Regulation.
[Act No. 6 of 1965] 63

(2) The Board of Revenue may, of its own motion and


shall on a direction from the Government, and after
consultation with the council, by notification in the
120
Telangana Gazette, resume the management and
superintendence of any endowment made over to a council
under sub-section (1), and upon such resumption, all the
powers and duties attaching to the council in respect of the
endowment shall cease and determine.

40. The council may accept any donations, endowment or Acceptance of


trust for the furtherance of any purpose for which the donation,
endowments or
municipal fund may be applied.
trust by the
council.

41. The Government may, subject to such conditions as Subjects not


they may deem fit to impose and with the consent of provided for by
council, transfer to the council the management of any this Act.
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.

42. (1) Any immovable property which any municipal Procedure of


authority is authorised by this Act to acquire may be acquisition of
immovable
acquired under the provisions of the Land Acquisition Act, property under
1894, and, on payment of the compensation awarded under the Land
the said Act in respect of such property and of any other Acquisition Act.
charges incurred in acquiring it, the said property shall vest Central Act 1 of 1894.
in the council.

120. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
64 [Act No. 6 of 1965]

(2) Where a municipal authority proposes to acquire


any immovable property otherwise than under the
Central Act 1 of 1894. provisions of the Land Acquisition Act, 1894, it shall obtain
the previous approval of the District Collector therefor. While
according his approval, 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.
Authority to 121
[43. [(1) The power of making, on behalf of the council,
contract and
contractual power any contract whereof the value or amount does not exceed
of persons the monetary limits specified in column (2) of the Table
appointed by below, shall be exercised by the authority specified in
Government. column (3) thereof.
122
[Municipalities Monetary Limits Authority
1 2 3
Third Grade (a) Not exceeding Commissioner
Municipality/ Nagar Rs.20,000/-
Panchayath.
(b) Exceeding Committee consisting
Rs.20,000/- but of the Chairperson,
not exceeding Commissioner and not
Rs.50,000/- less than three but not
more than seven
members, chosen in
this behalf by the
Council.
Second Grade (c) Not exceeding Commissioner
Municipality Rs.50,000/-

121. Substituted (sub-sections (1) and (2)) by Act No.5 of 1971. Sub-
section (1) substituted with Table by Act No.29 of 1978.
122. Substituted (Table) by G.O.Ms.No.142, MA & UD (A2) Department,
dated 29.10.2015.
[Act No. 6 of 1965] 65

(d) Exceeding Committee consisting


Rs.50,000/- but of the Chairperson,
not exceeding Commissioner and not
Rs.1,00,000/- less than three but not
more than seven
members, chosen in
this behalf by the
Council.
First Grade (e) Not exceeding Commissioner
Municipality Rs.1,00,000/-
(f) Exceeding Committee consisting
Rs.1,00,000/- but of the Chairperson,
not exceeding Commissioner and not
Rs.2,00,000/- less than three but not
more than seven
members, chosen in
this behalf by the
Council.
Special/Selection (g) Not exceeding Commissioner
Grade Municipality Rs.2,00,000/-
(h) Exceeding Committee consisting
Rs.2,00,000/- but of the Chairperson,
not exceeding Commissioner and not
Rs.4,00,000/- less than three but not
more than seven
members, chosen in
this behalf by the
Council.
Note: The power of making any contract includes
administrative sanction for the works.]

(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.]
66 [Act No. 6 of 1965]

(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.
123
[xxx]

Rules regarding 44. The power conferred by section 43 to make or sanction


the conditions on contracts shall be subject to such rules as may be
which contracts
prescribed in regard to the conditions on which, and the
may be made.
mode in which contracts may be made or sanctioned by or
on behalf of the council.

Mode of 45. (1) Every contract made by or on behalf of, a council


executing whereof the value of amount exceeds 124[one thousand
contracts.
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
Motion of no 125
[46. (1) A motion expressing want of confidence in the
confidence in
Chairman/ Chairperson otherwise than directly elected or Vice-
Chairperson/ Chairperson may be made by giving a written notice of
Vice-Chairperson. intention to move the motion, in such form as may be
specified by the Government, signed not less than one half

123. Explanation of section 43 omitted by Act No.5 of 1971.


124. Substituted by Act No.3 of 1994.
125. Substituted by Act No.29 of 2005.
[Act No. 6 of 1965] 67

of the total number of members of the Council having right


to vote, together with a copy of the proposed motion to the
District Collector concerned in accordance with the
procedure prescribed:

Provided that no notice of motion under this section


shall be made 126[within four (4) years] of the date of
assumption of office by the person against whom the
motion is sought to be moved:

Provided further that if the motion is not carried by two-


thirds majority as prescribed 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 person
shall be made until after the expiration of one year from the
date of such first meeting:

Provided also that the membership of a suspended


member shall also be taken into consideration for
computing the total number of members and he shall also
be entitled to vote in a meeting held under this section.

(2) The District Collector shall, then convene a meeting


for the consideration of the motion at the office of Municipal
Council on the date appointed by him which shall not be
later than thirty days from the date on which the notice
under sub-section (1) was delivered to him. He shall give to
the members, Chairman/Chairperson or Vice-Chairperson
as the case may be and the Ex-officio members, notice of
not less than fifteen clear days excluding the date of the
notice and the date of the proposed meeting of such
meeting in such form as may be prescribed by the
Government and such notice shall be delivered as may be
specified.

126. Substituted by Act No.42 of 2008.


68 [Act No. 6 of 1965]

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 (1) is in force shall be
excluded.

(3) The District Collector or the Revenue Divisional


Officer nominated by the District Collector (here-in-after
referred to as Presiding Officer) shall preside at such
meeting. The quorum for such meeting shall be two-thirds of
the total number of members. If within half an hour after the
time appointed for the meeting, there is no quorum for the
meeting the Presiding officer shall adjourn the meeting to
some other time on the same date and notify the same in
the notice board of the Council. If there is no quorum at the
adjoruned time of the same day, no further meeting shall be
convened for consideration of that motion and the meeting
shall stand dissolved and the notice given under sub-
section (1) shall lapse.

(4) As soon as the meeting convened under this


section commences, the said presiding officer shall read
only the motion for the consideration of which the meeting
has been convened and shall put it to vote without any
debate. The voting shall be by show of hands duly obeying
the party whip given by such functionary of the recognised
political party in the manner prescribed:

Provided that a member voting under this sub-section


in dlsobedience of the party whip shall cease to hold office
forthwith and the vacancy caused by such cessation shall
be filled as a casual vacancy.

(5) 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 said presiding officer to the District Collector. The
[Act No. 6 of 1965] 69

District Collector shall forward the same along with his


remarks to the Government.

(6) If the motion is carried with the support of two-thirds


majority of the total number of the members including the
ex-officio members as on the date of the meeting, the
Government shall by notification remove the Chairperson or
Vice-Chairperson as the case may be from office and the
resultant vacancy shall be filled in the same manner as a
casual vacancy.

Explanation-I:- For the removal of doubts, it is hereby


declared that for the purpose of this section, the expression
―total number of members‖ means, all the members who are
entitled to vote in the election to the office concerned
including the ex-officio members.

Explanation-II:- For the purposes of the section, in the


determination of two-thirds of the total number of members,
any fraction below 0.5 shall be ignored and any fraction of
0.5 or above shall be taken as one.]

(b) The Chairman/Chairperson and Members.

47. (1) The $[chairman/chairperson] shall— Powers and


functions of the
Chairman/
(a) make arrangements for the election of the vice-
$ Chairperson.
[chairman/chairperson] 127[xxx];

(b) convene the meetings of the council 127[xxx];

(c) refer any resolution of the council for its


reconsideration which, in his opinion is in excess of the
powers of the council or inconsistent with any law; and

127. Omitted by Act No.5 of 1971.


70 [Act No. 6 of 1965]

(d) exercise all the powers and perform all the


functions specifically conferred or imposed on the
$
[chairman/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 $[chairman/chairperson].

Power of 48. (1) The $[chairman/chairperson] may incur in each


chairman/ case contingent expenditure incidental to the municipal
chairperson to administration-
incur contingent
expenditure. 128
[(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 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.

Emergency 49. The $[chairman/chairperson] may, in cases of


powers of the
chairman/
emergency, direct the execution of any work or the doing of
chairperson. 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

128. Substituted by Act No.29 of 1978.


[Act No. 6 of 1965] 71

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.

50. (1) The $[chairman/chairperson] may, by an order in Delegation and


writing, delegate any Delegation of his functions to 129[the devolution of
functions of
vice-chairman and any of his administrative functions to the chairman/
Commissioner]: chairperson.

Provided that he shall not delegate any functions which


the council expressly forbids him to delegate.

(2) If the $[chairman/chairperson] has been


continuously absent from jurisdiction for more than 129[ten
days] or incapacitated for more than 129[ten days,] his
functions shall, during such absence or incapacity, devolve
on the vice-chairman:

Provided that where the absence from jurisdiction of


the $[chairman/chairperson] is within the State of
130
Telangana, and is on business connected with the
municipality, the $[chairman/chairperson] 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-chairman.

129. Substituted by Act No.5 of 1971.


130. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
72 [Act No. 6 of 1965]

(3) If the vice-chairman has been continuously absent


from jurisdiction for more than 131[ten days] or is
incapacitated for more than 131[ten days] or if the office of
vice-chairman is vacant, the $[chairman/chairperson] may
by an order in writing, delegate any of his functions 131[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 $[chairman/chairperson]
and shall also be subject to his control and revision. The
$
[chairman/chairperson] shall also have power to control
and revise the exercise of powers or performance of any
function devolving on the vice-chairman under sub-section
(2).

131. Substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 73

51. 132[(1) (a) Every meeting of the council shall be Presidency of


presided over by the $[chairman/chairperson]; in his Council.
absence by the vice-chairman and in the absence of both
the $[chairman/chairperson] and the vice-chairman, by a
#
[Member] included in the panel of temporary
$
[chairman/chairperson] prepared in the manner specified in
clause (b). Where no such temporary $[chairman/
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 [chairman/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
$
[chairman/chairperson] and the vice-chairman in the order
in which they are nominated in the panel. The panel of
temporary $[chairman/chairperson] so nominated shall
remain in force until a new panel of temporary chairmen is
nominated.]

(2) The $[chairman/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
$
[chairman/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] 133[xxx] is in


the opinion of the $[chairman/chairperson] disorderly, he
may direct that such #[Member] 133[xxx] shall withdraw from
the meeting of the council 133[xxx] and such #[Member]

132. Substituted by Act No.5 of 1971.


133. Omitted by Act No.5 of 1971.
74 [Act No. 6 of 1965]

134
[xxx] 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 with-


draw, continues to remain in the meeting, the $[chairman/
chairperson] may take steps to cause him to be removed.

(4) The $[chairman/chairperson] may, in the case of


grave disorder arising in any meeting, suspend the meeting
for a period not exceeding three days.
135
[Explanation— $[Chairman/Chairperson] in this
section and section 52 includes the vice-chairman,
temporary $[chairman/chairperson] or #[Member] presiding
for the occasion.]
136
[(5) (a) The $[chairman/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 wilfuliy
obstructing the business thereof;

(b) If a #[Member] is so named by the


$
[chairman/chairperson], the $[chairman/chairperson] shaIl,
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.

134 Omitted by Act No.5 of 1971.


135. Substituted by Act No.5 of 1971.
136. Inserted (sub-section (5)) by Act No.29 of 1978.
[Act No. 6 of 1965] 75

(c) A #[Member] suspended under this sub-section


shaIl forthwith withdraw from the precincts of the council.]

52. (1) No #[Member] shall vote on, or take part in the #


[Member] when
discussion of, any question coming up for consideration at a to abstain from
meeting of the council 137[xxx] if the question is one in taking part in
discussion and
which, apart from its general application to the public, he voting.
has personal interest or he or his partner has any direct or
indirect pecuniary interest.

(2) The $[chairman/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


$
[chairman/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 $[chairman/chairperson] has any such personal or
pecuniary interest in any matter under discussion, the
$
[chairman/chairperson] shall, if a motion to that effect be
carried, absent himself from the meeting during such
discussion.

(5) The #[Member] concerned shall not be entitled to


vote on the question referred to in sub-section (3) and the
$
[chairman/chairperson] concerned shall not be entitled to
vote on the motion referred to in sub-section (4).

137. Omitted by Act No.5 of 1971.


76 [Act No. 6 of 1965]

Duties and 53. (1) Any #[Member] may call the attention of the
powers of $
[chairman/chairperson] to any neglect in the execution of
individual
#
[Members].
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 interrelate the $[chairman/chairperson] on
matters connected with the 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 $[chairman/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.
138
Payment of [54. For any municipality, the Government may, after
honorarium and consultation with the council, sanction out of the municipal
conveyance
allowance to
fund, payment of honorarium and conveyance allowance to
chairman/chair- the $[chairman/chairperson] or the Vice-chairman on whom
person and the functions of the $[chairman/chairperson] devolve under
conveyance sub-section (2) of section 50, as the case may be, and
allowance to conveyance allowance to every #[Member], at such rates as
#
[Members].
may be prescribed:

Provided that the conveyance allowance shall be


payable to the $[chairman/chairperson] or vice-chairman, as
the case may be, in case he maintains and uses a motor
car.]

138. Section 54 substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 77

55. Any #[Member], 139[xxx] the vice-chairman or the Resignation of


139
$
[chairman/chairperson] may, by writing under his hand Member, [xxx]
addressed to the *[Commissioner] resign his office. The vice-chairman.
*[Commissioner] shall on receipt of such resignation, place
it before the next meeting of the council. 139[xxx] The council
shall, 139[xxx] 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 139[xxx] 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]
140
[(c) Commissioner

56. (1) The commissioner shall, save as otherwise Powers and


provided in this Act,— functions of the
commissioner.
(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;

139. Omitted by Act No.5 of 1971.


140. Sections 56 and 57 substituted as 56 by Act No.5 of 1971.
78 [Act No. 6 of 1965]

141
[(cc) exercise disciplinary 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.

141. Inserted by Act No.3 of 1994.


[Act No. 6 of 1965] 79

(4) The Commissioner shall, save as otherwise


provided in the rules relating to discipline and conduct, be
under such administrative control of the $[chairman/
chairperson], as may be prescribed.]
142
[(5) (a) The Commissioner may incur in each case
contingent expenditure incidental to the municipal
administration,-
143
[(i) in the case of a third grade or a second grade
Municipality, not exceeding one thousand rupees;

(ii) in the case of a first grade Municipality, not


exceeding fifteen hundred rupees; and

(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.]
144
[57. [xxx]]

142. Sub-section (5) added by Act No.29 of 1978.


143. For sub-clauses (i) and (ii) substituted sub-clauses (i), (ii) and (iii)
by Act No.3 of 1994.
144. Section 57 omitted by Act No.5 of 1971.
80 [Act No. 6 of 1965]

Commissioner to 145
[58. The Commissioner shall attend the meetings of the
attend the
council, and where he is required to do so by the
meetings of the $
council and the [chairman/chairperson], of any of its committees. He shall
committees. have the right to speak, and otherwise to take part, in the
meetings of the council and of any of its committees but
shall not be entitled to move any resolution, or to vote, at
any such meeting.]

CHAPTER IV.
CONTROLLING AUTHORITIES AND THEIR POWERS

Government‘s 59. (1) The Government may, either suo motu or on


power to cancel representation of any #[Member], the $[chairman/
or suspend
resolutions, etc.
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, issued, 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

145. Substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 81

146
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, in 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 their powers under sub-section (1).
147
[59-A. The Government may, either suo-motu, or on a Government‘s
representation of a Chairman/Chairperson or vice- power to suspend
chairperson or Member or Commissioner or employee of a Chairman/
Chairperson or
Municipal Council, by notification in the 148Telangana Vice-Chairperson
Gazette, suspend any Chairman/Chairperson or Vice- or Member.
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
Chairman/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

146. Added by Act No.5 of 1971.


147. Added by Act No.13 of 1999.
148. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
82 [Act No. 6 of 1965]

accordance with the provisions of this Act or the financial


stability of the Council is thretened.

(2) The Government shall, before taking action under


sub-section (1) give the Chairman/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-mutu, or on an


application made by the Chairman/Chairperson or Vice-
Chairperson or Member revoke the order of suspension
issued under sub-section (1).]

Government‘s 60. (1) The Government may, by notification in the


power to remove 149
Telangana Gazette, remove any $[chairman/chairperson]
chairman/
or vice-chairman who, in their opinion willfully omits or
chairperson or
vice-chairman. refuses to carry out or disobeys the provisions of this 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 $[chairman/chairperson] or vice-chairman under
sub-section (1), give the $[chairman/chairperson] or vice
chairman 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 $[chairman/chairperson] or from the office of vice-
chairman shall not be eligible for election to either of the

149. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
[Act No. 6 of 1965] 83

said offices until the date on which notice of the next


ordinary elections to the council is published in the
prescribed manner.
150
[61. [xxx]]

62. (1) If, in the opinion of the Government, a council is not Government‘s
competent to perform, or persistently makes default in power to dissolve
the council.
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 151Telangana
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 152[six
months] from the date of dissolution; and the notification
shall be laid before both Houses of the State Legislature.
153
[(2) [xxx]]

(3) For purposes of reconstitution of a dissolved


council under this section, the vacancies in the office of all
the elected #[Members] shall be deemed to be 152[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

150. Omitted by Act No.5 of 1971.


151. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
152. Substituted by Act No.17 of 1994.
153. Sub-section (2) with proviso omitted by Act No.17 of 1994.
84 [Act No. 6 of 1965]

the proposal and consider its explanations or objections, if


any; 154[and the Chairman/Chairperson of the Municipality
concerned shall also be given a reasonable opportunity of
being heard.]
155
[xxx]

(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 $[chairman/chairperson] 156[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 Chairman/Chairperson
157
[xxx] 158[and of the committees referred to in sections 43
and 74] 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.
159
[(7) The Members including the ex-officio members
of the reconstituted Council shall enter upon their office on

154. Added by Act No.17 of 1994.


155. Proviso of sub-section (4) of section 62 omitted by Act 17 of 1994.
156. Substituted by Act No.5 of 1971.
157. Omitted (―and of the executive committee‖) by Act No.5 of 1971.
158. Inserted by Act No.33 of 1976.
159. Sub-section (7) of section 62 substituted by Act No.17 of 1994.
[Act No. 6 of 1965] 85

the date fixed for its reconstitution and the term of office of
the elected members shall continue only for the remainder
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):
160
[Provided that where the remainder 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.
161
[62-A. (1) Notwithstanding anything contained in this Act, Appointment of
where, in the opinion of the Government it is not possible to Special Officer.
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, 162[xxx] the
Government may, by notification appoint a Special Officer to
exercise the powers, perform the duties and discharge the
functions of,-

(a) the Council;

160. Proviso of sub-section (8) of section 62 added by Act No.17 of


1994.
161. Section 62-A inserted by Act No.6 of 1992.
162. Omitted by Act No.18 of 1992.
86 [Act No. 6 of 1965]

(b) the Chairperson; and

(c) the Commissioner;

under the Act, for a period 163[which shall not exceed six
years] from the date of such appointment:

Provided that the Government may, from time to time,


by notification in the 164Telangana Gazette and for reasons
specified therein extend the said period of appointment of
Special Officer 163[beyond six years] for a further period or
periods, so however the period of appointment of the
Special Officer 163[beyond six years] for a further period or
periods, so however the period of appointment of the
special officer shall not, 163[in the aggregate exceed ten
years] or till the newly elected councils assume office
whichever 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 come into office on such date as may
be specified by the Government in this behalf by a
notification in the 164Telangana 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

163. Substituted by Act No.33 of 2001.


164. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 87

council until the elected members come into office, of the


Chairman/Chairperson until a Chairman/Chairperson is
elected, and of the Commissioner until a Commissioner is
appointed by the Government and the committees referred
to in section 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.]
165 Appointment of
[62-B. Notwithstanding anything contained in section 62-A
or any other provisions of this Act, it shall be competent for Special Officers to
the Municipalities
the Government by notification, to appoint and continue a in Scheduled
Special Officer to exercise the powers, perform the duties Areas.
and discharge the functions of the Council, the Chairperson
and the Commissioner in respect of the Municipalities
located in the Scheduled areas until the Parliament by law
extend the provisions of Part IX-A of the Constitution of India
to the Scheduled areas under clause (3) of article 243-ZC of
the Constitution of India:

Provided that elections shall be held to the said


Municipalities in the Scheduled Areas within a period of one
year after such extension of Part IX-A of the Constitution of
India to the Scheduled areas and the Special Officers shall
continue until the newly elected Councils assumes office.]

63. (1) The Government may appoint a Director of Government‘s


power to appoint
Municipal Administration and such number of Deputy
officers to
Directors, Regional Directors and other officers as may be supervise
required for the purpose of inspecting or superintending the municipalities.
operations of all or any of the councils established under
this Act.

(2) All schools, hospitals, dispensaries, vaccine


stations, choultries and other institutions maintained by any

165. Inserted by Act No.8 of 2006.


88 [Act No. 6 of 1965]

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.

Government‘s 64. (1) If at any time, it appears to the Government that a


power to take Council, $
[chairman/chairperson], Vice-Chairman or
action in certain
cases.
*[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 preiod 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 Secretary shall, so far as the funds to the credit


of the council permit, be bound to comply with such order.
[Act No. 6 of 1965] 89

65. 166[(1)] The Government, may, with the consent of the Government‘s
council undertake on its behalf the construction of water power to
undertake works
supply, drainage or other works, appoint persons to carry for municipality.
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.
167
[(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 be paid from the municipal fund.]

66. (1) If it appears to the District Collector that the District Collector‘s
$
[chairman/chairperson] or executive committee has made power to enforce
execution of
default in carrying out any resolution of the council, the said resolutions.
Collector shall, after giving the $[chairman/chairperson] or
the executive committee, 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.

166. Renumbered by Act No.45 of 1976.


167. Inserted by Act No.45 of 1976.
90 [Act No. 6 of 1965]

Power of District 67. (1) The District Collector may enter on and inspect, or
Collector and cause to be entered on and inspected, any immovable
Government for
purposes of
property or any work in progress under the control of any
control. 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 $[chairman/chairperson] or
*[Commissioner];

(b) require any council, the $[chairman/chairperson] or


*[Commissioner] to furnish any return, plan, estimate,
statement, account or statistics;

(c) require any council, the $[chairman/chairperson] or


*[Commissioner] to furnish any information or report on any
municipal matter;

(d) record in writing, for the consideration of the


council, the $[chairman/chairperson] or *[Commissioner]
any observations they or he may think proper in regard to its
or his proceedings or duties.

Emergency 68. (1) The District Collector may, in cases of emergency,


powers of District direct or provide for the execution of any work or the doing
Collector. 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 expense
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
[Act No. 6 of 1965] 91

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 forhwith 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.

69. When the District Collector or a person appointed by Powers of officers


the Government lawfully takes action on behalf, or in default, acting for, or in
of the council or the *[Commissioner], under this Act, he default of, council
and liability of
shall have all such powers as are necessary for the purpose, municipal fund.
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 damage from the exercise of
such power to the same extent as if the action has been
taken by such municipal authority.

70. If, in the opinion of the District Collector, immediate Powers of District
action is necessary on any of the grounds referred to in Collector to
suspend
clause (c) of sub-section (1) of section 59, he may suspend
resolution etc.
the resolution, order, licence, permission or act, as the case
may be, and report to the Government who may thereupon
either rescind the Collector‘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.
92 [Act No. 6 of 1965]

PART III
MUNICIPAL ESTABLISHMENT.

Officers and employees of or under the Council.

Appointment of 71. 168[(1) Notwithstanding anything contained in this Act or


Officers and any other law for the time being in force, Government may
employees.
appoint, any categories of officers and employees, in the
Greater Hyderabad Municipal Corporation constituted under
Greater Hyderabad Municpal Corporation Act, 1955, the
Hyderabad Metropolitan Development Authority constituted
under the Hyderabad Metropolitan Development Authority
Act, 2008, any Urban Development Authority constituted
under the Telangana Urban Areas (Developmet) Act, 1975,
any Municipal Corporation constituted under the Telangana
Municipal Corporations Act, 1994 and any Municipality and
Nagar Panchayat constituted under this Act, in the State, as
may be prescribed.]

(2) Before sanctioning any post under sub-section (1)


the Government shall consult the council concerned.
168
[(3) The officers and employees appointed under
sub-section (1) shall devote their whole time to the duties of
their offices and shall not undertake any work unconnected
with the office.]

(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,

168. Substituted by Act No.13 of 2017.


[Act No. 6 of 1965] 93

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, leave 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).

72. (1) The Government shall have power— Government‘s


power to regulate
the methods of
(a) to make rules to regulate the classification and
recruitment,
methods of recruitment, conditions of service, pay and conditions of
allowances and disciplinary conduct of the officer appointed service, etc., of
under section 29 or section 71 as the case may be; officers appointed
under sections 29
and 71.
(b) to recover from 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
special meeting called for the purpose and supported by the
votes of not less than three-fifths of the sanctioned strength
of the council:
169
[Provided that no such resolution shall be moved
before the expiry of one year from the date of assumption of
charge by such officer.]

169. Added by Act No.3 of 1994.


94 [Act No. 6 of 1965]

Other officers and 73. (1) All proposals for fixing or altering the number,
employees of designations and grades of officers other than those
council.
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 executive committee 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 proposals 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 mensem 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 at least one-
half of the members then on the council.

(3) Notwithstanding anything 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.

Appointment to 170
[74. Subject to any rules including the rule for the
posts of Officers
and employees of
representation of Scheduled Castes, Scheduled Tribes and
Council the socially and educationally backward classes of citizens
sanctioned under which the Government may make in this behalf, and
section 73. notwithstanding anything in 171the Andhra Pradesh (Andhra
Act III of 1939.

170. Section 74 substituted by Act No.15 of 1996.


171. Andhra Area Act.
[Act No. 6 of 1965] 95

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 Chairperson:

Provided that an appointment to the post of a


headmaster or a 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 172[to all the other


posts except all categories of posts of teachers the pay or
the 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:]
173
[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.]

75. (1) Notwithstanding anything in this or any other Power of


Government to
enactment for the time being in force, the Government shall
transfer officers
have power to transfer any officer or employee of a and employees of
municipality to the service of any other officers and municipalities.
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

172. Substituted by Act No.10 of 1999.


173. Added by Act No.10 of 1999.
96 [Act No. 6 of 1965]

for the purpose of giving due effect to transfers made under


sub-section (1).

Power of council 76. (1) Subject to the provisions of this Act and the rules
to frame which Power of the Government may make in this behalf,
regulations. 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
admissable 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
[Act No. 6 of 1965] 97

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.
174
[77. (1) Subject to the provisions of sections 79 and 80 Power to punish
and to such control as may be prescribed, the municipal
Commissioner may censure, fine, withhold increment in the employees.
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 an 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


Chairman/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:

174. Section 77 substituted by Act No.15 of 1996.


98 [Act No. 6 of 1965]

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.]

Power to grant 175


[78. Subject to the rules made under section 72 or section
leave to officers 76, the Commissioner may grant any leave to the officers
and employees.
and other employees in the service of the municipality.]

Special provisions 79. (1) The Government may, on the application of any
regarding council, place the services of any Government employee
Government
employees lent to
employed in connection with the affairs of the State at the
council. 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

175. Section 78 with marginal heading substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 99

(b) in any other case, without the consent of the


Government or until three months, 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 council


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 months, 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.

80. 176[(1) Notwithstanding anything contained in this Act or Constitution of


any other law for the time being in force, Government may, Common
after consulting the Greater Hyderabad Municipal Municipal Service.
Corporation, Hyderabad Metropolitan Development
Authority, all Urban Development Authorities, Municipal
Corporations, Municipalities and Nagar Panchayats in the
State, by a notification in the Telangana Gazette, constitute
a Common Municipal Service for the State consisting of any
class of officers or employees of the Greater Hyderabad
Municipal Corporation, Hyderabad Metropolitan
Development Authority, all Urban Development Authorities,
Municipal Corporations, Municipalities and Nagar
Panchayats in the State.]

(2) Upon the issue of a notification under sub-section


(1), the Government shall have power to make rules to

176. Sub-section (1) substituted by Act No.13 of 2017.


100 [Act No. 6 of 1965]

regulate the classification, methods of recruitment,


conditions of service, pay and allowances and discipline
and conduct of the 177[Common 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


Act No. XX of 1956. the 177[Telangana Local Government Service (Declaration as
State Civil Service) Act, 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 IV
CHAPTER -1
Taxation

Levy of ordinary 81. (1) (a) Every council shall, by resolution, levy the
taxes and the following taxes, namely:-
control of
Government in
respect thereof. (i) a property tax:
178
[(ii) [XXX]]

(iii) a tax on carriages and carts

(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.

177. Substituted by Act No.13 of 2017.


178. Omitted by Act No.22 of 1987.
[Act No. 6 of 1965] 101

(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.

82. In every municipality, a duty shall be levied on certain Duty on transfers


transfers of property in accordance with the provisions of property.
hereinafter contained in this Act.

83. When a council determines, subject to the provisions Notification of new


of section 81, to levy any tax for the first time or at a new taxes.
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.
102 [Act No. 6 of 1965]

Saving for certain 84. Nothing in this part of this Act, shall authorise a council
provisions of the to levy any tax which the State Legislature has no power to
Constitution of
India.
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.

(i) Property Tax.

Levy of property 85. (1) 179[Subject to the provisions of sections 85-H and
tax. 85-I, 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
heretofore 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

179. Substituted by Act No.6 of 2012.


[Act No. 6 of 1965] 103

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 180[sections 81 and 87] and in
accordance with the rules made by the Government in this
behalf, these taxes shall be levied 181[at such percentages of
the annual rental value of lands or buildings or both as may
be fixed by the council:]
182
[Provided that in the case of lands and buildings
vested in the trustees of the 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.]
183
[Provided further that the percentage of the property
tax fixed under this sub-section shall be such that the
incidence of property tax together with the education tax
and library cess levied under the relevant laws, shall not
exceed twenty-five percentum of the annual rental value in
the case of residential buildings and thirty-three percentum
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

180. Substituted by Act No.20 of 1989.


181. Substituted by Act No.23 of 1975.
182. Added by Act No.9 of 1975.
183. Inserted by Act No.3 of 1978.
104 [Act No. 6 of 1965]

by, or adjacent and appurtenant to, buildings, 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.
184
[(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 185[as specified hereunder till such
unauthorised construction is demolished or regularised

184. Sub-sections (5) and (6) added by Act No.35 of 1998.


185. Substituted by Act No.15 of 2013.
[Act No. 6 of 1965] 105

without prejudice to any proceedings which may be


instituted in repsect of such unauthorised construction:

(i) Upto ten percent violation of permissible setbacks


only in respect of floors permitted in a sanctioned plan:
Twenty five percent of property tax as penalty;

(ii) More than ten percent violation of permissible


setbacks only in respect of floors permitted in a sanctioned
plan: Fifty percent of property tax as penalty;

(iii) Unauthorised floors over the permitted floors in a


sanctioned plan: Hundred percent of property tax as
penalty;

(iv) Total unauthoirsed construction: Hundred percent


of property tax as penalty:

Provided that such levy and collection of the penalty


shall not be construed as regularisation of such
unauthorised construction or reconstruction.]
186
[(5-a) Penalty leviable under sub-section (5) shall be
determined and collected by such authority and in such
manner as may be prescribed. The penalty so payable shall
deemed to be the property tax due.

(5-b) A person primarily liable for payment of property


tax in respect of a building, or structure shall be liable for
payment of penalty levied under sub-section (5).]

(6) A separate receipt for the penalty levied and


collected shall be issued.]

186. Inserted by Act No.15 of 2013.


106 [Act No. 6 of 1965]

Constitution of the 187


[85-A. The Government shall, by notification, within three
Telangana State months from the date of commencement of the Andhra
Property Tax
Board. Pradesh Municipal Laws (Amendment) Act, 2012, constitute
a State Property Tax Board called as the 188Telangana State
Property Tax Board (hereinafter referred to as the Board) to
provide assistance and technical guidance to all
municipalities in the State for proper assessment of property
tax on buildings and lands, in their respective jurisdictions.

Composition of 85-B. The Board shall consist of a Chairperson and five


the Board. members as specified below:

(i) Commissioner and Director of Ex-officio Vice-


Municipal-Administration, Government Chairperson
of 188Telangana.
(ii) Secretary to Government, Information Member
Technology and Communications
Department, Government of
188
Telangana or an Expert in
Information Technology.
(iii) An expert in valuation of buildings and Member
lands for assessment of property tax.
(iv) President, Chamber of Municipal Ex-officio
Chairmen, 188Telangana. Member
(v) One person in the category of Member-
Additional Director of Municipal Secretary.
Administration appointed by the
Government.

187. Sections 85-A to 85-R inserted by Act No.6 of 2012.


188. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 107

85-C. (i) The Chairman/Chairperson shall be a person who Qualification for


has held the Office of Judge of a High Court; the Chairman/
Chairperson and
Members.
(ii) The members shall be persons who are having
knowledge and experience in the fields of valuation of
properties for assessment of property tax, Information
Technology (I.T.) as may be prescribed.

85-D. The Chairman/Chairperson and the members of the Term and other
Board shall hold office for a period of three years and the conditions of
terms and conditions of their service, including salaries and service of
Chairman/
allowances, shall be such as may be prescribed by the Chairperson and
State Government. Members.

85-E. The Chairman/Chairperson or a member of the Resignation.


Property Tax Board may resign his office by a letter signed
by him and addressed to the Government and on
acceptance of such resignation by the Government, his
office shall fall vacant on the date on which such resignation
is accepted.

85-F. The person appointed as Chairman/Chairperson of the Removal from


State Property Tax Board may be removed from office in the Office.
manner as may be prescribed.

85-G. The Board shall be provided with such number of Staff of the Board.
officers and staff as may be determined by the State
Government.

85-H. The Board shall discharge the following functions, Functions of the
namely:- Board.

(i) to make arrangements for preparation of data base


of property tax in all Municipalities, for proper maintenance
of all records and registers relating to assessment of
property tax;
108 [Act No. 6 of 1965]

(ii) to make arrangements for assessment of property


tax on all buildings and lands situated in the Municipalities
as per the provisions of the Act and the Rules issued
thereunder;

(iii) to monitor that the assessment books shall be


completely revised by the Commissioner once in five years
as per the provisions of the Act and the Rules issued
thereunder;

(iv) to make arrangements that all new constructions or


additions or improvements to the existing buildings in the
Municipalities are assessed to Property Tax within thirty
days from the date of completion of the building or
occupation of the building whichever is earlier;

(v) to conduct study on prevailing rental value of


buildings from time to time in Municipalities;

(vi) to make arrangements for the calculation of


payment of service charges in respect of Central
Government properties as per the instructions of State
Government and Government of India;

(vii) to review the present Property Tax assessment


system in Municipalities and make suggestions to the
Government in this regard;

(viii) to make arrangements for assessment or revision


of property tax relating to at least 25% of the aggregate
number of estimated properties across all Municipalities in
the State by 31st March, 2015;
[Act No. 6 of 1965] 109

(ix) to prepare a work plan to achieve the above


coverage and publish the work plan in the 189Telangana
Gazette;

(x) to make arrangements for disposal of revision


petitions and appeals filed for revision of Property Tax by
the concerned officers within three months from the date of
filing such revision petitions or appeals;

(xi) to suggest the Government about the criteria to be


adopted for exemption of buildings and lands in
Municipalities from payment of Property Tax;

(xii) to make arrangements for maintenance of register


of properties exempted from the payment of Property Tax by
all the Municipalities;

(xiii) to undertake training of Officers and Staff of


Municipalities in the assessment and revision of Property
Tax directly or through any institution;

(xiv) to discharge such other functions in the field of


assessment of Property Tax including development of
expertise in valuation of lands and buildings.

85-I. (1) The Board shall exercise the following powers, Powers of the
namely: Board.

(i) to issue instructions to the Municipalities for


assessment and revision of Property Tax as per the
provisions of the Act and the Rules issued thereunder which
shall be complied with by all the Municipal Commissioners;

189. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
110 [Act No. 6 of 1965]

(ii) the Municipal Commissioner shall consult the


Board before issue of draft notification fixing monthly rent
proposed per square metre of plinth area for assessment or
revision of property tax. The Board shall study the draft
notification and make a comparative study of the monthly
rental values proposed by other Municipalities in the District
in this regard and offer its views in the matter. The Municipal
Commissioner shall give due consideration to the views
offered by the Board before adopting the final notification
showing monthly rent per square metre of plinth area as
prescribed;

(iii) to make a test check of the asessments made by


the Commissioner both at the time of assessment of new
buildings and revision of Property Tax;

(iv) to inspect any building or land in the Municipality


or take measurements of the property for verification of the
Property Tax assessment;

(v) to call for particulars relating to the building or


land from any owner or occupier by serving a notice for the
purpose of verification of the assessment of Property Tax;

(vi) to inspect records and registers relating to


assessment and revision of property tax in Municipalities;

(vii) to call for information from Municipal


Commissioners on assessment and revision of Property
Tax;

(viii) to conduct review meetings with Commissioners


of Municipalities and Regional Directors of Municipal
Administration on assessment and revision of Property Tax
and to issue suitable instructions in the matter.
[Act No. 6 of 1965] 111

85-J. (1) The Board may hold ordinary meetings at such Meetings of the
intervals as may be prescribed and a special meeting may Board.
be convened by Chairman/Chairperson at any other time for
the transaction of urgent business.

(2) The number of members necessary to constitute a


quorum at a meeting and procedure to be followed thereat
shall be such as may be prescribed.

85-K. (1) The Board shall have a Fund to be called the State Funds of the
Property Tax Board Fund, to which the following moneys Board.
shall be credited,-

(i) such moneys as may be paid to the Board by the


State Government or any other authority or agency; and

(ii) such moneys as may be paid to the Board by the


Municipalities as may be prescribed.

(2) All moneys received by the Board shall be


deposited in the State Bank of India or any Nationalized
Bank as may be prescribed.

85-L. (1) The expenditure to be incurred by the Board for Expenditure.


meeting the salaries and allowances including
contingencies of the Chairman/Chairperson, Members,
Secretary, Officers and employees serving under or for the
Board shall be defrayed out of the Fund to be provided by
the State Government.

(2) The expenditure towards contingencies for


undertaking normal activities of the Board shall be met out
of the Fund provided by the State Government.

85-M. (1) The Board shall prepare each year in such form Budget.
and within such time, as may be prescribed, a budget in
respect of the ensuing financial year, showing the estimated
112 [Act No. 6 of 1965]

receipts and expenditure and shall forward a copy of the


same to State Government for approval.

(2) The State Government may, in according such


approval, make such additions, alterations and
modifications thereon as it thinks fit:

Provided that before making such additions, alterations


or modifications the State Government shall give the Board
an opportunity to express its views thereon within such
period as may be prescribed.

Accounts. 85-N. (1) The Board shall have the same financial powers as
are exercisable by the Secretary or a Head of the
Department of the State Government. Matters beyond such
financial powers shall be referred to by the Board to the
State Government for a decision.

(2) The Board shall keep accounts of all receipts and


expenditure and prepare annual accounts in such manner
as may be prescribed.

Audit. 85-O. (1) The Board shall cause its accounts to be audited
annually by an auditor to be appointed by the State
Government and the auditor so appointed shall have the
right to demand the production of books, accounts,
documents and other papers of the Board.

(2) As soon as the accounts have been audited, the


Board shall send a copy thereof together with a copy of the
report of the auditor to the State Government.

(3) The Board shall comply with such directions as the


State Government may, after perusal of the report of the
auditor, think fit to issue in this behalf.
[Act No. 6 of 1965] 113

(4) The Board shall pay out of the Fund such sum as
may be determined by the State Government by way of
fees, if any, for such audit.

85-P. The Board shall prepare an Annual Report of its Annual Report.
activities during the year in such form as may be prescribed
by the State Government and the Annual Report shall be
placed before the Legislature of the State.

85-Q. (1) The Board may delegate any of its powers and Delegation of
functions including financial powers to the Chairman/ powers and
functions by the
Chairperson of the Board by a resolution adopted by it in
Board.
this behalf.

(2) The Board may also delegate any of its powers or


functions to the Secretary or any Officer of the Board by a
resolution adopted by it in this behalf.

85-R. Chairperson, every Member of the Board or every Members, officers


Officer or employee of the Board shall, when acting or and employees to
be public
purporting to act under the provisions of this Act, be servants.
deemed to be a public servant within the meaning of section
23 of the Indian Penal Code,1860.] Central Act 45 of 1860.

86. (1) The Government may, after consultation with the Levy of property
council by order published in the 190Telangana Gazette, tax on a direction
direct any council to levy the property tax referred to in sub- by Government.
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 191[half-year] immediately following that in
which the order is published, as may be specified in the
order.

190. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
191. Substituted for the ―year‖ by Act No.7 of 1970.
114 [Act No. 6 of 1965]

(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.
192
Method of [87. (1) Every building shall be assessed together with its
assessment of site and other adjacent premises occupied as an
property tax.
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 193Telangana


Act XV of 1960. 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

192. Substituted by Act No.20 of 1989.


193. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No. 6 of 1965] 115

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 ten percent
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 percent for
buildings upto the age of 25 years and twenty percent for
buildings above the age of 25 years 194[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 percent 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:
194
[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 percent of the
annual rental value shall be allowed in addition to the

194. Inserted by Act No.3 of 1994.


116 [Act No. 6 of 1965]

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 metres, 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.]

General 88. (1) The following buildings and lands shall be exempt
exemptions. 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;
195
[(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;

195. For clauses (bb) and (c) substituted by Act No.3 of 1994.
[Act No. 6 of 1965] 117

(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 196Telangana 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 a water-course or any building or land
adjacent and appurtaining to such irrigation work; 197[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, any
income could be derived as may, from time to time, be
notified by the Government in the 196Telangana Gazette:

Provided that nothing in 198[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.

196. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
197. Substituted by A.P Act No.5 of 1971.
198. Substituted by Act No.3 of 1994.
118 [Act No. 6 of 1965]

199
[(1A) [xxx]]

(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 any 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 therefrom of rubbish,
filth and carcasses of animals.

(5) The council may, by resolution, exempt any class of


buildings or lands from the property tax—
200
[(i) [xxx]]
201
[(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;]

199. Sub-section (1A) of section 88 omitted by Act No.3 of 1994.


200. Omitted by Act No.20 of 1989.
201. Substituted by Act No.20 of 1989.
[Act No. 6 of 1965] 119

(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.

89. Save as otherwise provided in this Act, the rate of any Taxation to be
class of property tax on lands, when levied on their capital uniform.
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 the
throughout the municipal area in respect of the lands or
buildings, as the case may be.

90. The property tax on buildings and lands, shall, subject Property tax a first
to the prior payment of land revenue, if any, due to the charge on
Government thereon, be a first charge upon the said property.
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. 202[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 distraint 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.]
203
[91. The property tax shall be levied every half-year and Property tax when
shall, save as otherwise expressly provided in Schedule II, payable.
be paid by the owner of the assessed premises within thirty
days after the commencement of the half-year:]

202. Added by Act No.45 of 1976.


203. Section 91 substituted by Act No.7 of 1970.
120 [Act No. 6 of 1965]

204
[Provided that a rebate of five percent of property tax
shall be given in respect of assessments where property tax
for the entire current financial year is paid before 30th April
of the year notwithstanding the service of bill or demand
notice:

Provided further that a simple interest at the rate of two


percent per mensum shall be charged in case of failure to
pay property tax by the end of the of June for the first half
year and by the end of the month of December for the
second half year:

Provided also 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
arrears of land revenue.]

Power to correct 205


[91A. (1) If at any time it appears to the council that any
the assessment
person or property has been inadvertently omitted from the
records.
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.

204. Four provisos substituted (for existing 3 provisos) by Act No.15 of


2013.
205. Inserted by Act No.3 of 1994.
[Act No. 6 of 1965] 121

(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.]

92. (1) When any building or land or any portion of any Vacancy
premises which has been treated as a separate property for remission.
the purposes of assessing the property taxes has been
vacant 206[for thirty or more consecutive days in any 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 such
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 un-occupied 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 207[half-year] in which seasonal
operations are normally suspended;

206. Substituted for ―not less than ninety days‖ by Act No.7 of 1970.
207. Substituted for the ―year‖ by Act No.7 of 1970.
122 [Act No. 6 of 1965]

(e) a vacancy which has continued during the whole


of the month of February shall be deemed to have
continued for not less than thrity consecutive days.

(3) Every demand for remission under sub-section (1)


shall be made during the 208[half-year] in respect of which
the remission is sought or in the following 208[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 208[half-year] in
which notice is delivered or in the succeeding 208[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 208[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

208. Substituted for the ―year‖ by Act No.7 of 1970.


[Act No. 6 of 1965] 123

(ii) if remission is sought in respect of the 209[half-


year] succeeding that in which the notice is delivered, from
the commencement of the 209[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 with the
209
[half-year] succeeding that during which it is so delivered
and shall have no effect thereafter.

93. (1) Whenever the title of any person, primarily liable to Obligation of
the payment of property tax on any premises, to or over transferor and
transferee to give
such premises is transferred, the person whose title is
notice of transfer.
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 afore-said, 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.

209. Substituted for the ―year‖ by Act No.7 of 1970.


124 [Act No. 6 of 1965]

(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.

Owner‘s 94. (1) (a) If any building in a municipality is constructed or


obligation to give reconstructed, the owner shall give notice thereof to the
notice of
construction, *[Commissioner] within thirty days from the date of
reconstruction or completion or occupation of the building whichever is
demolition of earlier.
building.
(b) If such date falls within the last 210[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 year.

(c) If such date falls within the first 210[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
210
[half year] as is proportionate to the number of days in
that 210[half year] preceding such date.

210. Substituted by Act No.7 of 1970.


[Act No. 6 of 1965] 125

(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 that
property tax which would have been leviable had the
building not been demolished or destroyed.

(b) If such notice is given within the first four months


211
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 211[half year].

(c) If such notice is given within the last eight months


211
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 211[half year,] as is
proportionate to the number of days in that 211[half year]
succeeding the demolition or destruction, as the case may
be.

95. (1) For the purpose of assessing the property tax, the Power of
*[Commissioner] or valuation officer appointed under rule 9 *[Commissioner]
or valuation officer
of Schedule II, may, by notice, call on the owner or occupier
to call for
of any land or building to furnish him, within thirty days after information and
the service of the notice, where the notice is served upon enter upon
the Government, Railway Administration or a company and premises.
within seven days after such service in other cases, or within
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
and 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.

211. Substituted by Act No.7 of 1970.


126 [Act No. 6 of 1965]

(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.
212
[96 to 102. [XXX]]

(iii) Tax on carriages and carts.

General 103. (1) If the council by a resolution determines that a tax


provisions on Carriages and a tax on carts shall be levied, the
regarding tax on
carriages and
*[Commissioner] shall take steps to levy the said tax yearly
carts. on carriages and carts kept or used within the municipality.

(2) The rates of the 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.

Liability to tax 104. (1) Every person having possession, custody or control
according to any taxable carriage shall be liable for the yearly tax, if the
period for which
carriage has been
carriage has been kept or used within the municipality for an
kept. 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.

212. (ii) Profession tax and sections 96 to 102 omitted by Act No.22 of
1987.
[Act No. 6 of 1965] 127

(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.

105. (1) Every owner of any such cart shall register it once Cart liable to tax
in every year in the municipal office. to be registered.

(2) The council may direct that 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 registration 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.

106. Notwithstanding anything in section 104, no person Non-liability to tax


shall be liable— in certain cases.

(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
128 [Act No. 6 of 1965]

(b) to pay to the municipality on any carriage or cart in


respect of which the tax has already been paid to any other
municipality or any other local authority or cantonment
board, whether under this Act or any Act relating to such
Central Act 2 of 1924. other local authority or the Cantonments Act, 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.

Exemptions. 107. 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 perambulators 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;
213
[(g) private bicycles and owner-driven rickshaws.]

Compounding of 108. With the sanction of the council or in accordance with


tax. regulations framed by that body, the *[Commissioner] may
compound, for any period with any livery stable keeper or

213. Added by Act No.5 of 1971.


[Act No. 6 of 1965] 129

other person keeping carriages for sale or hire, for a certain


sum to be paid in lieu of the carriage tax.

109. (1) The *[Commissioner] shall send to every person Forms to be sent
liable to the tax on carriages a printed table to be filled up to and returned by
with such information respecting the carriages kept or used tax payers.
by him as the *[Commissioner] considers necessary for the
assessment of the tax.

(2) Such table shall be filled 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.

110. (1) When any person pays the amount of tax due in Grant of licence to
respect of any carriage the *[Commissioner] shall grant him carriages on
payment of tax
a licence to keep or use such carriage for the period to
and pre-payment
which the payment relates. of tax condition
precedent
(2) Where the 214Andhra Pradesh (Andhra Area) registration of
Hackney Carriages Act, 1911 or any other law similar carriages.
thereto for the time being in force, is in force in any area of a Act V of 1911.
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

214. Andhra Area Act.


130 [Act No. 6 of 1965]

tax, if any, due under section 103 on account of the last


preceding year and the current year.

Power to require 111. (1) The *[Commissioner] may direct that a municipal
numbers to be number shall be affixed—
affixed to bicycles,
etc.
(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 discontaining the number.

Seizure of 112. (1) If a municipal number is not affixed to cart or


vehicles not carriage (hereinafter referred to as vehicle) in pursuance of a
bearing numbers.
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;


[Act No. 6 of 1965] 131

(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.

(iv) Tax on Animals.

113. (1) If the council by a resolution determines that a tax Tax on animal.
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.
132 [Act No. 6 of 1965]

215
[114 [XXX]]

Prohibition of 115. (1) No advertisement shall be erected, exhibited, fixed


advertisements or retained upon or over any land, building, wall, hoarding
without written
or structure within the municipality or shall be displayed in
permission of
*[Commissioner]. 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-law made


by the council under clause (30) 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.

Permission of the 116. The permission granted under section 115 shall
*[Commissioner] become void in the following cases, namely:-
to become void in
certain cases.
(a) if the advertisement contravenes any bye-law made
by the council under clause (30) of section 330;

215. Section 114 omitted by Act No.23 of 2017.


[Act No. 6 of 1965] 133

(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.

117. Where any advertisement is erected, exhibited, fixed or Owner or person


retained upon or over any land building, wall hoarding or in occupation to
be deemed
structure in contravention of the provisions of section 114 or
responsible.
section 115 or after the written permission for the erection,
exhibition, fixation, or retention thereof 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.

118. If any advertisement is erected, exhibited, fixed or Removal of


retained contrary to the provisions of section 114 or section unauthorised
115 or after the written permission for the erection, advertisements.
exhibition, fixation or retention thereof for any period has
134 [Act No. 6 of 1965]

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.

Collection of tax 119. The *[Commissioner] may farm out the collection of
on any tax on advertisement leviable under section 114 for any
advertisements.
period not exceeding one year at a time on such terms and
conditions as may be determined by the council.

Duty on transfers of property.

Method of 120. The duty on transfers of property shall be levied,—


assessment of
duty on transfers
of property. (a) in the form of a surcharge on the duty imposed by
the Indian Stamp Act, 1899, for the time being in the State,
Central Act 2 of 1899. on every instrument of the description 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.
216
[(i) Sale of immovable The amount or value of the
property. consideration for the sale, as set
forth in the instrument or the market
value of the property which is the

216. Substituted by Act No.8 of 1976.


[Act No. 6 of 1965] 135

subject matter of the sale, whichever


is higher.
(ii) Exchange of The market value of the property of
immovable greater value, which is the subject
property. matter of exchange.
(iii) Gift of immovable The market value of the property
property. which is the subject matter of the
gift.]
(iv) Mortigage with The amount secured by the
possession of mortgage, as set forth in the
immovable instrument.
property.
217
[(v) Lease for a term An amount equal to one-sixth of the
exceeding one whole amount or value of the rents
hundred years or which would be paid or delivered in
in perpetuity of respect of the first fifty years of the
immovable lease as set forth in the instrument.
property.]

121. On the introduction of the duty on transfers of Provisions of the


property,— Indian Stamp Act,
1899, applicable
on the introduction
(a) section 27 of the Indian Stamp Act, 1899 shall be of the duty on
read as if it specifically requires the particulars to be set transfers of
forth separately in respect of property situated within the property.
limits of a municipality and outside such limits; and Central Act 2 of 1899.

(b) section 64 of the same Act shall be read as if it


referred to the council concerned as well as the
Government.

122. The Government may make rules not inconsistent with Power to make
this Act for regulating the collection of the duty on transfer of rules regarding
assessment and
property, the payment thereof to the councils concerned the collection of
duty on transfer of
property.

217. Substituted by Act No.8 of 1976.


136 [Act No. 6 of 1965]

and the deduction of any expenses incurred by the


Government in the collection thereof.
218
[123. [xxx]]

General Provision regarding taxation.

Power to write off 124. The council may write off any tax, fee or other amount
irrecoverable what-so ever, due to it, whether under a contract or
taxes, etc.
otherwise, or any sum payable in connection therewith, if, in
its opinion, such tax, fee, amount or sum is irrecoverable.

CHAPTER II
Finance
Municipal Fund

Definition of 125. All moneys received by the council shall constitute a


Municipal Fund. 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

Budget Estimate. 219


[126. 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

218. Section 123 omitted by Act No.16 of 2011.


219. Substituted by Act No.45 of 1976.
[Act No. 6 of 1965] 137

those provisions, the Government may modify any part of


the budget so as to ensure that such provisions are made.]

127. If, in the course of a year, a council finds it necessary Revised or


to modify the figures shown in the budget with regard to its Supplementary
receipts or to the distribution of the amounts to be Budget.
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 the
Government in the amount alloted for the service of debt or
in the working balance.
220
[127-A. (1) The Commissioner shall prepare annual Preparation of
accounts in such form with such information, as may be annual accounts.
prescribed. In particular, the annual accounts comprises the
financial statements consisting of income and expenditure,
assets and liabilities, and receipts and payments.

(2) The annual accounts shall be prepared within such


time as may be prescribed and be placed before the
Council for approval.

(3) On approval by the Council, the annual accounts


shall be forwarded to the auditor appointed by the
Government for audit.]

128. The Government shall appoint auditors 221[to audit the Appointment of
annual accounts] of the municipal fund. Such auditors shall auditors of
be deemed to be ‗public servants‘ within the meaning of Accounts.
section 21 of the Indian Penal Code.

129. (1) If the expenditure incurred by the Government or by Contribution to


any other municipality to which this Act applies or by any expenditure by
other local authority in the State for any purpose authorised other local
authorities.

220. Inserted by Act No.22 of 2011.


221. Substituted by Act No.22 of 2011.
138 [Act No. 6 of 1965]

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.

Applications of 130. The rules and tables embodied in Schedule II shall be


Schedule II. read as part of this chapter.

Loans and Advances

Guarantee by 131. (1) The principal of, and interest on, the loans floated
Government of by a council, to such maximum amount as may be fixed by
principal of, and
interest on, the
the Government and subject to such conditions as they may
loans floated by think fit to impose, shall carry the guarantee of the
council for Government.
purposes of the
Act. (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 222Telangana Gazette, and

222. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
[Act No. 6 of 1965] 139

(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 223Telangana 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 restrictions 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.

132. Notwithstanding anything in the Local Authorities Recovery of loans


Loans‘ Act, 1914, or any other law similar thereto for the and advances
made by the
time being in force, the Government shall be entitled to Government.
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 Central Act 9 of 1914.

council for any purpose to which the funds of the said


council may be applied under this Act.
224
[132A. (1) The Finance Commission constituted by the Finance
Governor in pursuance of article 243-I of the Constitution Commission.

223. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
224. Inserted by Act No.17 of 1994.
140 [Act No. 6 of 1965]

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 Legislature of the State.]
[Act No. 6 of 1965] 141

Part V.
PUBLIC HEALTH, SAFETY AND CONVENIENCE.

CHAPTER I
WATER-SUPPLY, LIGHTING AND DRAINAGE

Water-supply-Vesting of works and powers of municipal


authorities.

133. (1) All public water-courses and springs and all public Vesting of works
reservoirs, tanks, cisterns, fountains, wells, standpipes and in councils.
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, appurtaining
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 appurtaining to any such work.

(2) The Government may, by notification in the


225
Telangana Gazette, limit or define such control or may
assume the administration of any public source of water-
supply and public land adjacent and appurtaining thereto
after consulting the council and giving due regard to its
objections, if any.

134. (1) The council may, with the sanction of the Construction and
Government direct the construction of such works as it maintenance of
deems fit outside the limits of the municipality for supplying water works.
it with water and may provide channels, tanks, reservoirs,
cisterns, engines, mains, wells, fountains, standpipes and

225. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
142 [Act No. 6 of 1965]

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 substitute other 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.

Constitution of 135. (1) Notwithstanding anything in section 133, the


water boards for Government may constitute a water board for one or more
local authorities.
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 authorites, 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.

Trespass on 136. If shall not be, lawful for any person except with
premises permission duly given and obtained to enter upon land
connected with
belonging to, or vested in, a council along which a conduit
water supply.
or pipe runs, or upon any premises connected with the
water-supply.

Prohibition of 137. (1) Without the permission of the council, no building,


building over wall or other structure shall be newly erected and no street
water mains.
or railway shall be constructed over any municipal water
mains.
[Act No. 6 of 1965] 143

(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.

138. The Council shall, so far as the funds at its disposal Council to provide
may admit, provide a sufficient supply of water fit for the use water for use.
of the inhabitants.

139. All connections, whether within or outside the premises Control over
to which they belong, with any water-supply mains connections.
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.

140. (1) In municipalities in which there is a pipe supply of Private water


water 226[the $[chairman/chairperson]] may, on application supply for
consumption and
by the owner or occupier of any building arrange, in
use and power of
accordance with the bye-laws, to supply water thereto for the $[Chairman/
consumption and use. Chairperson] and
chairman/chairper
(2) Whenever it appears to the $[chairman/chairperson] son to enforce
provision of water
that any building assessed at an annual rental value of not
supply.
less than 227[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
meters distant water from any part of such building, the
$
[chairman/chairperson] may, by notice, require the owner
to obtain such supply and to execute all such works as may

226. Substituted by Act No.5 of 1971.


227. Substituted by Act No.3 of 1994.
144 [Act No. 6 of 1965]

be necessary for that purpose in accordance with the bye-


laws and regulations.

(3) The cost of making the connections and the cost or


hire of meters shall be borne by the owner or applicant and
shall be recoverable in the same manner as the property
tax.

Power of council 141. (1) For all water supplied under section 140, payment
to make bye-laws shall be made on such basis, at such times, and on such
for water supply.
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, theatres 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 expressions‘ commercial
[Act No. 6 of 1965] 145

establishment‘, ‗eating-house‘, ‗residential hotel‘,


‗restaurant‘, ‗shop‘, and ‗theatre‘, shall have the meanings
assigned to them in the 228Andhra Pradesh (Andhra Area)
Shops and Establishments Act, 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 allowance 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.
229
[142. The Government may, by notification, direct the Levy and
council to levy and collect pipeline service charges from collection of pipe-
every owner or occupier of a premises to which water line service
charges.
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 occupier of any premises situated in the areas
which are not served by the pipeline system of the Council.]

228. See now the Telangana Shops and Establishments Act, 1988 (Act
No.20 of 1988). Adapted by G.O.Ms.No.5, Labour, Employment,
Training and Factories (Labour) Department, dated 01.02.2016.
229. Substituted by Act No.22 of 1990.
146 [Act No. 6 of 1965]

Penal action for 230


[142A. (1) Whoever unlawfully breaks, or otherwise
meddling with causes any damage to any public channel, tank, reservoir,
water mains.
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) 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.]

Supply beyond limits of municipality.

Supply beyond 143. The council may, with the sanction of the Government
the limits of and shall, on the direction of the Government, supply water
municipality.
to local authority or other person outside the municipality on
such terms, if any, as may be approved by the Government.

Disconnection of water-supply.

Power to 144. (1) The *[Commissioner] or any person authorised by


disconnect water-
supply.
him in this behalf may cause to disconnect the supply of
municipal 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

230. Inserted by Act No.3 of 1994.


[Act No. 6 of 1965] 147

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-law 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 up a meter or
to comply with any other lawful order or requisition;

(e) the owner or occupier wilfully or negligently


damages his meter 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:
148 [Act No. 6 of 1965]

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 expenses 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
cost, 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.

Non-liability of 145. Notwithstanding anything in any agreement, the


council for council shall not be liable to any penalty or damages for
disconnection or
stoppage of
disconnecting supply of water or for not supplying water, in
supply in certain the case of any drought, or other unavoidable cause or
cases. accident, or the necessity for relaying or repairing pipes.

Lighting.

Provision for 146. The council shall, so far as the funds at its disposal
lighting public permit, cause the public streets to be lighted and for that
streets.
purpose shall provide such lamps and works as it thinks
necessary.
[Act No. 6 of 1965] 149

Public Drainage.

147. The council shall, so far as the funds at its disposal Maintenance of
may permit, provide and maintain a sufficient system of system of
drainage by
public drains. council.
231
[147A. The Government may, by notification direct the Acceptance of
council to levy and collect pipe-line service charges from contributions
towards the
every owner or occupier of a premises, to which
capital cost of
underground drainage connection has been given at such underground
rate as may be prescribed to the different categories drainage.
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.]

148. (1) For the discharge of drainage from private premises Owners of
by connecting house-drains with municipal drains, payment buildings to pay
for clearance of
shall be made under any one of the basis mentioned in sub-
sullage from their
section (2) which the council may, by resolution, specify, at buildings by
such times, and on such conditions as may be laid down in connecting their
the bye-laws made by the council and shall be recoverable house-drains with
in the same manner as the property tax. public drains.

(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;

231. Added by Act No.6 of 1999.


150 [Act No. 6 of 1965]

(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.

Private Drainage.

Control over 149. All house-drains whether within or outside the premises
house-drains to which they belong and all private latrines and cesspools
privies and within the municipality shall be under the control of the
cesspools.
council but shall be altered, repaired, cleansed 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.

Connection of 150. 232[(1) The Commissioner shall, on an application by


house-drains or the owner or occupier of any premises or the owner of
private latrines
private street, arrange in accordance with the bye-laws, for
with public drains
or underground the connection of the applicant‘s drain with any public drain,
sewers. and where there is underground sewer, any private latrine
with any underground sewer, at a distance not exceeding
one hundred metres therefrom at the applicant‘s expense.

(2) (a) If there is a public drain or underground sewer


or outfall within a distance not exceeding thirty metres of the
nearest point on any premises, 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

232. Substituted by Act No.45 of 1976.


[Act No. 6 of 1965] 151

accordance with the bye-laws and regulations at owner‘s


expense.

(b) 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 of the


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-pool 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-pool, tank or filters, and to
execute all such works as may be necessary in accordance
with the bye-laws and regulation:]

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
section 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.
152 [Act No. 6 of 1965]

Commissioner 151. (1) Where a drain connecting any premises with a


may close or limit public drain or other place set apart by the council for
the use of existing
discharge of drainage is sufficient for the effectual drainage
private drains.
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 sub-section (1) shall be paid by the
council.

Power of 152. (1) When the *[Commissioner] is of opinion that any


Commissioner to group or block; of premises, any part of which is situated
drain premises in
within thirty metres of a municipal drain already existing or
combination.
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
[Act No. 6 of 1965] 153

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.

153. (1) Without the permission of the council, no person Building etc., not
shall place or construct any fence, building, culvert, drain to be erected
covering, drain or other structure or any street, railway or without
permission over
cable over, under, in or across, without any public drain, or drains.
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
154 [Act No. 6 of 1965]

shall be recoverable from the owner thereof in the manner


provided in section 364.

Construction of 154. (1) The *[Commissioner] may by notice require the


culverts or drain- owner or occupier of any building or land adjoining a public
coverings by
street to construct culverts or drain-coverings over the side-
owner or
occupier. 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.

Power to regulate 155. (1) The owner or occupier of any building in a public
discharge of water street shall, within fifteen days after receipt of notice in that
from building or
land.
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 *[Commissioner] 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 courtyard, 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
[Act No. 6 of 1965] 155

(b) require such pavement to be kept in proper


repair.

Public latrines.

156. The council shall, as for as the funds at its disposal Provision of public
may permit, provide and maintain in proper and convenient latrines and
places a sufficient number of public latrines and urinals and urinals.
shall cause the same to be daily cleansed and kept in
proper order.
233
[156A. (1) On receipt of an application from any person in Licensing of
the prescribed form and on payment of the fee prescribed, Public latrines and
the Commissioner may issue a license for a period not urinals.
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 license under sub-section (1).

(3) Every licensee of a public latrine or urinal shall


maintain it cleanly and keep it in proper order.]

Private Latrines

157. (1) The municipal health officer may by notice require Provision of
the owner or occupier of any building within the time latrines by owner
specified in such notice to provide a latrine or alter or or occupier.
remove from an unsuitable to more suitable place any
existing latrine in accordance with the direction contained in
such notice for the use of the parsons employed in or about
or occupying such building and to keep it clean and in
proper order.

233. Inserted by Act No.3 of 1994.


156 [Act No. 6 of 1965]

(2) Every owner or occupier of the ground on which


any group of six or more huts stands 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, 234[the $[chairman/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.

Provision of 158. Every person employing workmen, labourers or other


latrines for
persons exceeding ten in number, shall provide and
labourers.
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.

Provision of 159. The municipal health officer may by notice require the
latrines for owner or manager of a market, cart-stand, cattle-shed,
markets, cart-
stands, cattle-
choultry, theatre, railway station, dock, wharf or other place
sheds, choultries, of public resort within the time specified in such notice to
etc. provide and maintain for the separated use of persons of
each sex, latrines of such description and number and in
such position as may be specified in such notice.

General powers.

Latrines to be 160. All latrines shall be so constructed as to screen


screened from persons using the same and the filth from the view of the
view and kept
clean.
persons passing by or residing in the neighbourhood and
shall be kept clean and in proper order.

234. Substituted by Act No.29 of 1978.


[Act No. 6 of 1965] 157

161. The *[Commissioner] may carry any cable, wire, pipe, Power to carry
drain or channel of any kind to establish or maintain any wire, pipes,
system of drainage, water-supply or lighting, through, drains, etc.,
through private
across, under, or over any road, street or place laid out for a property subject
road or street, and after giving reasonable notice to the to causing as little
owner or occupier, through, across, under, over or up the inconvenience as
side of any land or building in the municipality and may possible and
place and maintain posts, poles, standards, brackets, or paying for direct
damage.
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 or expedient 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 by the council, pay compensation to any
person who sustains damage exercise of such power.

162. (1) No person shall, without the permission of the Prohibition


*[Commissioner] make any connection with any municipal against making
connection with
cable, wire, pipe, drain, channel or with the connection of
mains without
any other person. permission.

(2) The *[Commissioner] may by notice require any


connection made in contravention of sub-section (1) to be
demolished, removed, closed, altered or remade.

163. (1) The Council shall not undertake new works beyond Powers in respect
the limits of the municipality without the sanction of the of works outside
the municipality.
Government.
158 [Act No. 6 of 1965]

(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, lines 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 kilometre above and half
kilometre below any point at which water is taken for such
use; and

(c) over any lands used for sewage, farms, sewage


disposal tanks, filters and other works connected with the
drainage of the municipality.

CHAPTER II
SCAVENGING.

Council to 164. The council shall make adequate arrangements for,-


arrange for the
removal of
rubbish and filth
(a) the regular sweeping and cleansing of the streets
and for the and removal of sweepings therefrom;
preparation and
sale of compost. (b) the daily removal of filth and the carcasses of
animals from private premises;

(c) the daily removal of rubbish from dustbins and


private premises, and with this object, it shall provide,-
[Act No. 6 of 1965] 159

(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) dustbins 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.

165. Where a mosque, temple, mutt, or any place of Contribution from


religious worship or instruction or any place which is used persons having
control over
for holding fairs, festivals or for other like purposes, is
places of
situated within the limits of a municipality or in the pilgrimage.
neighbourhood thereof and attracts either throughout the
year or on 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.

166. No person shall, after due provision has been made Prohibition of
under of improper section 164 by the council for deposit improper disposal
and removal of the same,— of carcasses,
rubbish and filth.

(a) deposit the carcasses of animals, rubbish or filth, in


any street, or on the verandah of any building, or on any
unoccupied ground alongside any street, or any public
160 [Act No. 6 of 1965]

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 dustbin


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.

Prohibition 167. No owner or occupier of any premises shall keep or


against keeping allow to be kept for more than forty-eight hours night soil,
night soil etc.
putrid, purifying 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 fail to comply with any
requisition of the municipal health officer as to the
construction, repair, paving or cleansing of any latrine, on or
belonging to, his premises.

Prohibition 168. No owner or occupier of any premises shall allow water


against allowing from any sink, drain, latrine or stable, or any other filth to
outflow of filth.
flow out of such premises to any portion of a street except a
drain or a cess-pool 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 ground at the side
of a drain forming a portion of a street.

Prohibition 169. No person shall, in the removal of filth, use any cart or
against using any receptacle not having a proper covering for preventing the
cart without cover
in the removal of
escape of the contents thereof, or of the stench therefrom,
filth, etc. 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.
[Act No. 6 of 1965] 161

170. No person shall put or cause to be put any rubbish or Prohibition


filth into any public drain not intended for rubbish or filth or against throwing
into any drain communicating with any such public drain. rubbish or filth
into drains.
235
[170A. Every municipal council shall arrange for the Disposal of waste.
disposal of the waste collected by it in such manner as may
be prescirbed.]

CHAPTER III - STREETS.


PUBLIC STREETS.

171. (1) The council shall, at the cost of the municipal fund, Maintenance and
cause the public streets and bridges to be maintained and repair of streets.
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:
236
[Provided that the powers of the council under this
sub-section shall also be exercisable by the $[chairman/
chairperson] where the cost of maintenance, repair or
improvement does not exceed,-

(a) rupees one thousand five hundred per annum in


the case of a 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.

235. Section 170A inserted by Act No.3 of 1994.


236. Proviso added by Act No.29 of 1978.
162 [Act No. 6 of 1965]

237
Government‘s [171-A. (1) Notwithstanding anything contained in this Act,
power to repair it shall be competent for the Government or any other
the public streets
vested in the
agency authorised by them in this behalf to exercise the
municipal council. 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).]

Powers of 172. (1) The council may,-


municipal
authorities.
(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.

237. Section171-A inserted by Act No.11 of 1991.


[Act No. 6 of 1965] 163

(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 committee.

173. (1) When a public street is permanently closed under Power to dispose
section 172, the council may, with the sanction of the of permanently
Government, dispose of the site or of so much thereof as is closed streets.
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 accruing 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.

174. (1) The council may acquire,- Acquisition of land


and buildings for
(a) any land required for the purpose of turning, improvement of
streets.
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
164 [Act No. 6 of 1965]

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 thinks fit as to the removal of the existing building, if
any, the description of the new building, 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.
[Act No. 6 of 1965] 165

175. (1) The council may,- Power to specify


building line and
(a) specify for any public street a building line or a street alignment.
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.

176. (1) No person shall construct any portion of any Buildings not to
building Buildings within a street alignment defined under be constructed
within street
section 175.
alignment or
building line.
(2) No person shall erect or add to any building
between a street alignment and a building line defined
under section 175 except with the permission of the
*[Commissioner] who may, when granting the permission,
166 [Act No. 6 of 1965]

impose such conditions as the council may lay down for


such cases.

Setting back 177. (1) When any building or part thereof abutting on a
projecting public street is within a street alignment defined under
buildings or walls.
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 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
[Act No. 6 of 1965] 167

date of such setting back 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.

178. The council may, upon such terms as it thinks fit, allow Setting buildings
any building to be set forward for the purpose of improving forward to
the line of a public street and may, by notice, require any improve line of
street.
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.

179. (1) The council may prepare schemes and plans of Projected streets.
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.
168 [Act No. 6 of 1965]

(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.

Watering of 180. The council shall, so far as it considers it requisite for


streets. 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.

Temporary 181. The *[Commissioner] may by an order in writing


closure of streets. 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 reopened to traffic with all reasonable speed.

Protection of 182. It shall not be lawful for any person, without the
appurtenances permission of the *[Commissioner] to displace, take up, or
and materials.
make any alteration in the fences, posts, pavements, flags,
or other materials of any public street.

Power of 183. When by a certificate of an officer of the Government of


municipality to a rank not below that of executive engineer, it appears to the
recover expanses council, that having regard to the average expense of
caused by
extraordinary
repairing roads in the neighbourhood, extra-ordinary
traffic. expenses have been incurred by the council in repairing a
street by reason of the damage caused by excessive weight
[Act No. 6 of 1965] 169

passing along the street, or extraordinary traffic thereon, the


council may recover, in the civil court having jurisdiction,
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 as
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.

184. (1) The owner of any agricultural land who intends to Owner‘s
utilise or sell such land for building purposes shall pay to obligation to
make a layout and
the council such conversion fee as may be fixed by the
to form a street or
council, not being less than twenty-five paise and not more road when
than one rupee per square metre: disposing of lands
as building sites.
238
[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

238. Added by Act No.5 of 1971.


170 [Act No. 6 of 1965]

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 playground, 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.
[Act No. 6 of 1965] 171

239
[(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 limit are furnished.]

185. (1) Any person intending to make a layout and form a Making of a layout
new private street or road shall send to the municipal office and forming of
new private street
a written application with plans and sections showing the
or road.
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, paying,


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;
239
[(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,-

239. Added by Act No.7 of 1992.


172 [Act No. 6 of 1965]

(i) where there is conversion of agricultural land,


enclose a certificate to the effect that conversion fee 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) 240[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 disturb any arrangements made or to be

240. Beginning portion substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 173

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 provisions of the Act, or the rules made
thereunder;

(iii) if the proposed street or road is not so designed


as to connect at least 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;
241
[(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.

241. Added by Act No.7 of 1992.


174 [Act No. 6 of 1965]

Alteration or 186. (1) If any person makes a layout and forms any street
demolition of or road referred to in section 185 without, or otherwise than
street or road
made in breach of in conformity with, the orders of the council, the
section 185. *[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 be 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.

Power of 187. (1) Where any private street or road or part thereof, is
Commissioner to not levelled, paved, metalled, flagged, channelled, sewered,
order work to be
carried out or to
drained, conserved or lighted, or where in any street or road
execute it in water supply mains are not laid, to the satisfaction of
default. *[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
[Act No. 6 of 1965] 175

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 expenses
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 sections 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.

188. If any street has been levelled, paved, metalled, Right of owner to
flagged, channelled, drained, conserved and lighted under require street to
be declared
the provisions of section 187, such street shall, on the
public.
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 242Telangana Gazette.

242. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
176 [Act No. 6 of 1965]

Encroachments on streets.

Prohibition 189. No one shall build any wall or erect any fence or other
against obstruction or projection or make any encroachment in or
obstruction in or
over streets. over any street except as hereinafter provided.

Streets open to 190. All streets vested in, or to be vested in, or maintained
all. by a council, shall be open to all persons.

Prohibition and 191. (1) No door, gate, bar, or ground-floor window shall,
regulation of without a licence from the *[Commissioner] be hung or
doors, ground
placed so as to open outwards upon any street.
floor windows and
bars opening
outwards. (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.

Removal of 243
[192. (1) The Commissioner may cause to be removed or
encroachments.
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

243. Substituted by Act No.45 of 1976.


[Act No. 6 of 1965] 177

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 or about to be taken by the
Commissioner.]

193. (1) The *[Commissioner] may grant a licence, subject Power to allow
to such conditions and restrictions as he may think fit, to the certain projections
owner or occupier of any premises to put up verandas, and erections.
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 think fit, for
the temporary erection or 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.
178 [Act No. 6 of 1965]

(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.
244
Power to evict [194. (1) If the Commissioner is satisfied,-
certain persons
from municipal
(a) that a person authorised to occupy any premises
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

244. Section 194 substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 179

(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
180 [Act No. 6 of 1965]

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 outhouses, if any,


appertaining to such building or part of a building, and

(ii) any fittings affixed to such building or part of a


building for the more beneficial enjoyment thereof.]

Precautions 195. (i) The municipal engineer or where there is no


during repair of municipal engineer the *[Commissioner] shall, during the
streets.
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 buildings; 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 passage
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
[Act No. 6 of 1965] 181

drain, street, or premises and remove the rubbish


occasioned thereby.

196. No person shall, without lawful authority, remove any Prohibition


bar, chain, post or shoring timber or remove or extinguish against removal of
any light set up under section 195. bars and lights.

197. (1) No person shall make a hole or cause any Prohibition


obstruction in any street, unless he previously obtains the against making
written permission of the *[Commissioner] and complies holes and causing
obstruction.
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.

198. If any person intends to construct or demolish any License for work
building or to alter or repair the outward part thereof, and if on buildings likely
any street or footway is likely to be obstructed or rendered to cause
obstruction.
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.

199. If any obstruction is caused in any street by the fall of Clearing of debris
trees, structure or fences, the owner or occupier of the of fallen houses
premises concerned shall, within twelve hours of the etc., by occupier.
occurrence of such fall, or within such further period as the
182 [Act No. 6 of 1965]

*[Commissioner] may by notice allow, clear the street such


by obstruction.
245
Punishment for [199A. Whoever, without authorisation from the
destroying road Commissioner, defaces, disturbs or destroys or damages
direction.
any municipal direction post, lamp post, or lamp or
extinguishes any municipal light in a public place, shall be
punishable with fine which may extend to rupees five
hundred.]

Naming of Streets

Naming of public 200. (1) The council shall give names to all public street and
streets. 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 conspicous 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.

Numbers on buildings

Numbering of 201. (1) The *[Commissioner] shall cause a number to be


buildings. 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.

245. Inserted by Act No.3 of 1994.


[Act No. 6 of 1965] 183

(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, required him to replace it.

CHPATER IV - BUILDING REGULATIONS


General Powers

202. No site shall be used for the construction of a building Construction of


intended for public worship if the construction of the buildings for
building thereon will wound the religious feelings of any public worship.
class of persons.

203. No permission shall be granted for the construction of Permission for


new building on any site which has been filled up with facial construction of
or offensive vegetable or animal matter or upon which any new building not
to be granted on
such matter has been deposited unless the municipal health certain sites.
officer certifies that such matter has been properly removed
by excavation or otherwise or has become or been rendered
innocuous.

204. No piece of land shall be used as a site for the Building site and
construction of a building and no building shall be construction of
constructed or reconstructed otherwise than in accordance building.
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.
184 [Act No. 6 of 1965]

Powers of council 205. (1) The council may give public notice of its intention to
to regulate future declare,-
construction of
certain classes of
buildings in (a) that in any street or portions of streets specified in
particular street or the notice,-
localities.
(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 street or architectural features, be such as
the council may consider suitable to the locality; or

(b) that in any localities specified in the notice, the


construction 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.
[Act No. 6 of 1965] 185

(5) No person shall, after the date of publication of


such declaration, construct or reconstruct any building in
contravention of any such declaration.

206. (1) The 246[council] may require any building intended Buildings at
to be erected at the corner of two streets to be rounded off corner of streets.
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 in 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.

207. No external roof, veranda, pandal or wall of a building Prohibition


shall be constructed or reconstructed of grass, leaves, mats against use of
inflammable
or other inflammable materials, except with the permission materials for
of the 247[Commissioner.] buildings without
permission.

208. No door, gate, bar or ground-floor window which Prohibition


opens on any public street shall be constructed or against
constructing
reconstructed so as to open outwards except with the
doors, ground-
licence of the *[Commissioner] under section 191. floor windows and
bars so as to
Buildings other than huts. open outwards.

209. (1) If any person intends to construct or reconstruct a Application to


building other than a hut he shall send to the construct or
reconstruct
*[Commissioner],-
buildings.

246. Substituted by Act No.5 of 1971.


247. Substituted for the words ―town planning officer‖ by Act No.5 of
1971.
186 [Act No. 6 of 1965]

(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 a ground-plan, elevations and
sections of the building, and a specification of the work;
248
[(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.

Necessity for prior 210. The *[Commissioner] shall not grant permission to
approval of site. construct or reconstruct a building unless and until it has
approved of the site on an application made under section
209.

Prohibition 211. The construction or reconstruction of a building shall


against not be begun unless and until the *[Commissioner] has
commencement
of work without granted permission for the execution of the work.
permission.

Period within 212. Within sixty days after the receipt of any application
which made under section 209 for approval of a site or of any
Commissioner is
information or further information required under rules or
to signify approval
or disapproval. bye-laws, the *[Commissioner] shall, by written order, either

248. Added by Act No.7 of 1992.


[Act No. 6 of 1965] 187

approve the site or refuse on one or more of the grounds


mentioned in section 215 to approve the site.

213. Within sixty days after the receipt of any application Period within
made under section 209 for permission to execute any work which
*[Commissioner]
or of any information or of documents or further information
is to grant or
or documents required under rules or bye-laws the refuse to grant
*[Commissioner] shall by written order either grant such permission to
permission or refuse on one or more of the grounds execute work.
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.

214. (1) If within the period prescribed by section 212 or Effect of delay in
section 213 as the case may be *[Commissioner] has grant or refusal of
neither given nor refused its approval of a building site, or its approval or
permission.
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.

215. The only grounds on which approval of a site for the Grounds on which
construction or reconstruction of a building or permission to approval of site
for or licence to
construct or re-construct a building may be refused are the
construct or re-
following, namely:— construct building
may be refused.
(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 specification would contravene some
specified provision of any law or some specified order, rule,
declaration or bye law made under any law;
188 [Act No. 6 of 1965]

(2) that the application for such permission does not


contain the particulars 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 249[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; or

(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.

Lapse of 216. If the construction or reconstruction of any building is


permission. not completed within the period specified, the permission
shall lapse and a fresh application shall be made before the
work is continued.

249. Inserted by Act No.7 of 1992.


[Act No. 6 of 1965] 189

217. (1) If the 250[Commissioner] finds that the work,- Power to require
alteration of 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 or 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 such alterations 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.

218. Notwithstanding anything in any of the preceding Stoppage of work


sections, the town planning officer may, at any time, stop endangering
human life.
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] which shall have
powers to pass such orders as it thinks fit for reasons to be
recorded in writing.

250. Commissioner is substituted for ―the Town Planning Officer‖ by Act


No.5 of 1971.
190 [Act No. 6 of 1965]

251
Regulation and [218-A. Notwithstanding anything in the Act, the Municipal
penalization of Commissioner may regulate and penalise the constructions
construction of
buildings in
of buildings, made by the owner, or by an individual as the
deviation of case may be unauthorisedly or in deviation of the
sanctioned plan. sanctioned plan 252[as on 28.10.2015] as a one time
measure, as per the procedure and by levying such penal
amount as may be prescribed and upon payment of such
amount, all pending or contemplated proceedings and
action of enforcement shall be deemed to have been
withdrawn and the competent authority shall issue
necessary Occupancy Certificate to the owner or the
individual as the case may be.]

WELLS

Application of 219. The provisions of section 209, section 210, section


certain section to 211, section 216, section 217 and section 218 shall, so far
wells. as may be, apply to a well.

HUTS

Application to 220. (1) Every person who intends to construct or


construct or reconstruct hut shall send to the *[Commissioner],-
reconstruct huts.

(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 rule
or bye-law.

251. Section 218-A inserted by Act No.9 of 2008.


252. Substituted by Act No.4 of 2016 (w.e.f.02.11.2015).
[Act No. 6 of 1965] 191

221. The construction or reconstruction of a hut shall not be Prohibition


begin, unless and until the *[Commissioner] has granted against
permission for the execution of the work on an application commencement
of work without
sent to him under section 220. permission.

222. Within fourteen days after the receipt of any application Period within
made under section 220 for permission to construct or which
reconstruct a hut or of any information or plan or further *Commissioner is
to grant or refuse
information or fresh plan required under rules or bye-laws, to grant
the *[Commissioner] shall by written order, either grant permission to
such permission or refuse on one or more of the grounds execute the work.
mentioned in section 224 to grant it.

223. If, within the period prescribed by section 222, the Effect of delay in
*[Commissioner] has neither granted nor refused to grant grant or refusal of
permission to construct, reconstruct a hut, such permission, 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.

224. The only grounds on which permission to construct or Grounds on which


reconstruct a hut may be refused are the following, permission to
construct or
namely:— reconstruct hut
may be refused.
(1) that the work or use of the site for the work would
contravene some specified provision 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;
192 [Act No. 6 of 1965]

(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.

Lapse of 225. If the construction or reconstruction of any hut is not


permission. completed within the period specified, the permission shall
lapse and a fresh application shall be made before the work
is continued.

External walls, alterations and additions.

Maintenance of 226. The owner or occupier of any building adjoining a


external walls in public street shall keep the external part thereof in proper
repairs.
repair with lime plaster or other material to the satisfaction of
the 253[Commissioner.]

Applications of 227. (1) The provisions of this chapter and of any rules or
provisions to bye-laws made under this Act, relating to construction and
alternations and reconstruction of buildings shall also be applicable to any
additions.
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 an alteration or addition for the
purposes of this section.
254
[(2) [xxx]]

253. Substituted for ―town planning officer‖ by Act No.5 of 1971.


254. Sub-section (2) of section 227 omitted by Act No.5 of 1971.
[Act No. 6 of 1965] 193

228. (1) If the 255[Commissioner] is satisfied- Demolition or


alteration of
(i) that the construction or reconstruction of any building work
unlawfully
building or commenced,
carried on or
(a) has been commenced without obtaining the completed.
permission of the 256[Commissioner or the $[chairman/
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 particulars
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, he may
make a provisional order requiring the owner or the builder
to demolish the work done or so much of it as in the opinion
of the said officer, has been unlawfully executed or to make
such alterations as may, in his opinion, be necessary to
bring the work into conformity with the Act, bye-laws, rules,
direction or requisition as aforesaid, or with the plans and

255. Substituted for words ―town planning officer‖ by Act No.5 of 1971.
256. Substituted for words ―executive committee‖ by ibid.
194 [Act No. 6 of 1965]

particulars on which such permission or order was based;


and may also direct that until the said order is complied
with, the owner or builder shall refrain from proceeding with
the building or well.

(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, 257[xxx] confirm the order with such
modification 258[as he thinks fit] to make, and such order
shall then be binding on the owner.

EXEMPTIONS.

Exemptions. 229. (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 metres from the nearest adjacent
building.

(2) The *[Commissioner] may grant permission at its


discretion on such terms as it 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.

257. Omitted by Act No.5 of 1971.


258. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 195

259
[230. [xxx]]

CHAPTER V—NUISANCE.
Dangerous structures, trees and places.

231. (1) If any structure appears to the *[Commissioner] to Precautions in


be in a ruinous state and dangerous to the passers-by or to case of
dangerous
the occupiers of neighbouring structures, he may by notice
structures.
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.

232. (1) If any tree or any branch of a tree or the fruit of any Precautions in
tree appears to the *[Commissioner] to be likely to fall and case of
thereby endanger any person or any structure, he may by dangerous trees.
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

259. Omitted by Act No.37 of 2008.


196 [Act No. 6 of 1965]

before the period of such notice expires, secure, lop or cut


down the said tree or remove the fruit 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.

Precautions in 233. (1) If any tank, pond, well, hole, stream, dam, bank or
case of other place appears to the *[Commissioner] to be, for want
dangerous tanks,
wells, holes, etc.
of sufficient repair, protection or enclosure, dangerous to
the passers by or to person 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
there from.

(2) If immediate action is necessary, he shall, before


giving such notice or before the period of notice expires,
himself take such temporary measures as he thinks fit to
prevent danger and the cost of doing so shall be
recoverable from the owner in the manner provided in
section 364.

Power to stop 234. If, in the opinion of the *[Commissioner] the working of
dangerous any quarry, or the removal of stone, earth or other material,
quarrying.
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.

Precaution 235. (1) The *[Commissioner] may, by notice, require the


against fire. owner of any structure, booth or tent partly or entirely
composed of, or having any external roof, verandah, pandal
[Act No. 6 of 1965] 197

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, fire wood, 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 staircases 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 exits 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 exist shall, during
the presence of the public, be kept clear of obstructions.

Control over wells, tanks, etc.

236. (1) No new well or tank shall be dug or constructed Prohibition of


without the permission of the 260[chairman/chairperson]. construction of
wells, tanks, etc.,
without the
permission of the
Chairman/
Chairperson.

260. For ―executive committee‖ Chairman is substituted by Act No.5 of


1971 and subsequently amended by Act No.33 of 1986.
198 [Act No. 6 of 1965]

(2) The $[chairman/chairperson] may grant permission,


subject to such conditions 261[as he] may deem necessary,
or may, for reasons to be recorded 261[by him] refuse it.

(3) If any such work is begun 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 $[chairman/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).

Filling in of pools, 237. (1) If in the opinion of the municipal health officer,-
etc., which are a
nuisance.
(a) any pool, ditch, tank, well, pond, bog, swamp,
quarry, hole, drain, cesspool, pit, water-course, or any
collection of water, or nuisance.

(b) any land on which water may at any time


accumulate, 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.

261. Substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 199

(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.

238. The 262[council], on the report of the municipal health Regulation or


officer that the cultivation of any description of crop, or the prohibition of
certain kinds of
use of any kind of manure, or the irrigation of land in any
cultivation.
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

262. Substituted for ―executive committee‖ by Act No.5 of 1971.


200 [Act No. 6 of 1965]

course of husbandry admits of compensation shall be paid


from the Municipal Fund to all persons interested, for any
damage caused to them by absolute prohibition.

Cleansing of 239. (1) The municipal health officer may, by notice, require
insanitary private the owner of, person having control over, any private water-
tank or well used
course, spring, tank, well or other place, the water of which
for drinking.
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.

Duty of council in 240. The council shall maintain in a cleanly condition all
respect of public wells, tanks and reservoirs which are not private property
well or receptacle,
and may fill them up or drain them when it appears
of stagnant water.
necessary to do so.

Public wells, etc., 241. All such wells, tanks and reservoirs when maintained
open to all. by the council shall be open to use and enjoyment by all
persons.

Prohibition 242. The council may, in the interest of the public health,
against or regulate or prohibit the washing of animals, clothes or other
regulation of
things or fishing in any public spring, tank, well, public water
washing animals
or clothes or course or part thereof of within the municipality and may set
fishing or drinking
in public water
courses, tanks,
etc.
[Act No. 6 of 1965] 201

apart any such place for drinking or for bathing or for


washing clothes, or animals respectively or for any other
specified purpose.

243. (1) The council may construct or provide and maintain Provision of public
public wash-houses or places for the washing of clothes, wash houses.
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.

244. (1) The council may, by public notice, prohibit the Prohibition
washing of clothes by washermen in the exercise of their against washing
by washerman at
calling, either within the municipality or outside the
un-authorised
municipality, within three kilometres of the boundary thereof places.
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:
202 [Act No. 6 of 1965]

Provided that this section shall apply only to clothes


washed within or to be brought within the municipality.

Prohibition 245. It shall not be lawful for any person to,-


against defiling
water of tanks,
etc., whether
(a) bathe in or in any manner defile the water in any
public or private. 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 substance 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 anything to be brought thereinto or do
anything whereby the water may be fouled or corrupted.

CONTROL OVER ABANDONED LANDS, UNTRIMMED


HEDGES, ETC.

Untenanted 246. If any building or land, by reason of abandonment,


buildings or lands. 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.
[Act No. 6 of 1965] 203

247. The municipal health officer may, by notice, require the Removal of filth or
owner or occupier of any building or land which appears to noxious
the said officer to be in a filthy or unwholesome state, or vegetation.
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 under growth within twenty-four hours or
such longer period and in such manner as may be specified
in the notice.

248. The *[Commissioner] may, by notice and for the Fencing of


reasons specified therein, require the owner or occupier of buildings or lands
any building or land near a public street to,- and pruning of
hedges and trees.

(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.

Control over insanitary buildings.

249. The municipal health officer, if it appears to him Lime washing


necessary for sanitary purposes so to do, may, by notice cleaning etc., of
require the owner or occupier of any building to lime-wash buildings.
or otherwise cleanse or disinfect the building inside and
outside or cleanse or disinfect any article therein which is
204 [Act No. 6 of 1965]

likely to retain infection, in the manner and within a period to


be specified in the notice.

Further powers 250. (1) Whenever the municipal health officer considers,-
with reference to
insanitary (a) that any building or portion thereof is, by reason
buildings.
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 occupiers 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 cases
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.
[Act No. 6 of 1965] 205

(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.

251. (1) If any building or portion thereof intended for or Buildings unfit for
used as a dwelling-place appears to the municipal health human habitation.
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 purports
thereof to the owner and occupiers 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 263[to the Commissioner, who shall place the matter
before the council for considering the question] whether the
structure should not be demolished. The 264[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.

263. Substituted by Act No.5 of 1971.


264. Substituted for ―executive committee‖ by Act No.5 of 1971.
206 [Act No. 6 of 1965]

(4) If upon such consideration the 265[council] is of


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 munici-
pal 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 265[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.

Abatement of over 252. (1) If it appears to the municipal health officer that any
crowding in dwelling house or other building which is used as a dwelling
dwelling house or
place or any room in such dwelling house or building, is so
dwelling place.
overcrowded as to endanger the health of the inmates
thereof, 266[he may report to the Commissioner, who shall
place the matter before the council for an order to abate
such overcrowding; 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 266[as it may] deem
just and proper.

(2) The 265[council] may, by written order, declare what


amount of superficial and cubic space shall be deemed for
the purposes of sub-section (1) to be necessary for each
occupant of a building or room.

265. Substituted for ―executive committee‖ by Act No.5 of 1971.


266. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 207

(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 267Telangana


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).

Control over certain animals.

253. No person shall feed any animal, which is kept for dairy Prohibition
purpose or may be used for food on filth. against feeding
certain animals on
filth.

254. No person shall keep any animal on his premises so as Prohibition


to be a nuisance or so as to be dangerous to the public. against keeping
animals so as to
be a nuisance or
dangerous.

255. (1) The 268[Commissioner may] give public notice that Power to destroy
unlicensed pigs or dogs straying within specified limits will stray pigs and
be destroyed. dogs.

(2) When such notice has been given, any person may
destroy, in any manner not inconsistent with the terms of the
notice, any unlicenced pig or dog, as the case may be,
found straying within such limits.

267. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.


268. Substituted by Act No.5 of 1971.
208 [Act No. 6 of 1965]

Power to use or 256. When any officer of the municipality pulls down any
sell of materials of structure or part thereof or cuts down any tree or hedge or
dangerous
structures taken
shrub or part thereof or removes any fruit by virtue of his
down etc. powers under this chapter, such officer may sell the
materials or things taken down, cut down or removed, and
apply the proceeds in or towards, payment of the expenses
incurred.

Procedure where 257. If, after reasonable inquiry, it appears to any officer of
there is no owner the municipality that there is no owner or occupier to whom
or occupier.
notice can be given under any section in this chapter, he
may himself take such action as may appear to him to be
necessary.

Limitation of 258. No person shall be entitled, save as provided in


compensation. 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 VI.
Licences and fees

Central or State 259. (1) The State Government or the Central Government
Government not shall not be required to take out any licence as provided by
required to take
out licence etc.
or under this Act in respect of their property or in respect to
any place in their occupation or under their control.

(2) 269[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

269. Substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 209

the 270[the Government concerned] or which is to be erected


on land, which is the property, or in the occupation, of
270
[the Government concerned]:

Provided that, where the erection, re-erection,


construction or material 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 270[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 270[the Government
concerned] is treated as confidential or secret),
$
[chairman/chairperson] or any person 270[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 270[the State Government] a statement in writing of
any objections or suggestions which the
$
[chairman/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 270[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, 271[where necessary] pass orders
thereon, and the building referred to therein shall be

270. Substituted by Act No.5 of 1971.


271. Inserted by Act No.5 of 1971.
210 [Act No. 6 of 1965]

erected, re-erected, constructed or altered, as the case may


be, in accordance with such orders:

Provided that, if 272[the State Government] overrule or


disregard any such objection or suggestions as aforesaid,
they shall give reasons for so doing in writing.

Keeping of animals.

Licences for 260. (1) The owner or occupier of any stable, veterinary,
places in which
infirmary, stand, shed, yard or other place in which animals
animals are kept.
are kept or taken in for purposes of profit shall apply to the
municipal health officer for a licence not less than thirty 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 restriction 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 273[Andhra Pradesh (Andhra Area) Places of
Act II of 1888. Public Resort Act, 1888] or any other law similar thereto for
the time being in force.

General powers of 261. (1) All stables, cattle-sheds and cow-houses whether
control over they are built separately or whether they form part of the
stables, cattle- residential buildings shall be under the control of the
sheds and cow-
houses.

272. Substituted by Act No.5 of 1971.


273. Andhra Area Act.
[Act No. 6 of 1965] 211

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.

262. If any stable, cattle-shed or cow-house is not Power to direct


constructed or maintained in the manner required by or dis-continuance of
use of building as
under this Act, the municipal health officer may, by notice,
stable, cattle shed
direct that the same shall be no longer used as a stable, or cow-house.
cattle-shed or cow-house. Every such notice shall state the
grounds on which it proceeds.

263. (1) The council may publish a notification in the Purposes for
prescribed manner that no place within municipal limits or at which places may
not be used
a distance within three kilometres of such limits shall be
without licences.
used for any one or more of the purposes specified in
Schedule IV without the licence of the €[Commissioner] and
except in accordance with the conditions specified therein:

Provided that no such notification shall take effect,-

(a) until sixty days from the date of publication, and

€. In section 263 for the words ‗municipal health officer‘ the word
―Commissioner‖ is substituted by Act No.5 of 1971.
212 [Act No. 6 of 1965]

(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.
274
[(4a) (i) Notwithstanding anything contained in sub-
section (4), the Commissioner shall not grant a licence for
item (ni) of Schedule IV unless a certificate of standard mark
is obtained from the competent authority i.e., I.S.I.;

(ii) the licence granted under clause (i) shall be


renewed every year upon producing a vallid certificate of
Standard Mark, provided the licensee shall furnish the
monthly laboratory test reports of the water so
manufactured and sold, to the concerned Municipality/
Urban Local Body every month without fail.]

(5) In case the €[Commissioner] refuses to grant or


renew any such licence, he shall record the reasons
therefor.

274. Inserted by Act No.36 of 2007.


[Act No. 6 of 1965] 213

(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 275[gram panchayat], if any,
having jurisdiction over such place, or if there is no such
275
[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.

Industries and factories.

264. (1) Every person intending,- Application to be


made for
(a) to construct or establish any factory, workshop or construction,
establishment or
workplace in which it is proposed to employ steam-power, installation of
water-power or other mechanical power or electrical power, factory, workshop
or or work place in
which steam or
(b) to install in any premises any machinery or other power is to
be employed.
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,-

275. Substituted by Act No.5 of 1971.


214 [Act No. 6 of 1965]

(i) a plan of the factory, workshop, 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) 276[(a)] Before granting permission under sub-


section (3) the council shall obtain the approval of the
Inspector of Factories appointed under the Factories Act,
Central Act 63 of 1948. 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,

276. Renumbered as Act No.5 of 1971.


[Act No. 6 of 1965] 215

(iii) the suitability of the exits to be used in case of


fire, and

(iv) such other matters as may be prescribed by


rules made by the Government.
277
[(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, workshop,
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, workshop, 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.

277. Inserted by Act No.5 of 1971.


216 [Act No. 6 of 1965]

Explanation:- The word ‗worker‘ in sub-sections (2) and


(5) shall, in relation to any factory, workshop, work-place or
Central Act 63 of 1948. premises have the same meaning as in the Factories Act,
1948.

Use of steam 265. (1) No person shall, without the written permission of
whistles, etc 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.

Council may issue 266. (1) If, in any factory, workshop or work-place in which
directions for steam power, water-power, or other mechanical power or
abatement of
nuisance caused
electrical power is used, nuisance is in the opinion of the
by steam or other council caused by reason of the particular kind of fuel
power. 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 noise 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.
[Act No. 6 of 1965] 217

267. The Government may, either generally or in any Power of


particular case, make such order or give such directions as Government to
they may deem fit in respect of any action taken or omitted pass orders or
give directions in
to be taken under section 264, section 265 or section 266. respect of action
taken or omitted
to be taken under
section 264, 265
or section 266.
268. (1) Every council, shall, as soon as may be after Notification of
commencement of this Act, and after consultation with the residential,
Director of Public Health and of the Director of Town- industrial,
commercial etc.,
Planning, and with the previous approval of the areas in the
Government, notify in the prescribed manner the localities, municipality.
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
218 [Act No. 6 of 1965]

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.

Power of 269. Where the council has not published a notification


Government to under section 263 or section 268, the Government may, by
notify the location
notification in the location of 278Telangana Gazette, specify
of the industries.
any particular industry or class of the industries, industries
to be located in any area reserved for residential, industrial,
commercial or agricultural purposes, under this Act.

The 270. (1) 279[The $[chairman/chairperson], Commissioner or


*[Commissioner] any person authorised by the Council] in this behalf may
may enter any
enter any factory, work-shop work-place,-
factory, work-
shop or work-
place. (a) at any time between sunrise;

(b) at any time when any industry is being carried on;


and

(c) at any time by day or by night, if 280[xxx] he has


reason to believe that any offence is being committed
281
[under section 263, 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

278. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
279. Substituted by Act No.5 of 1971.
280. The words ‗it or‘ omitted by Act No.5 of 1971.
281. Substituted by Act No.36 of 2007.
[Act No. 6 of 1965] 219

force necessary for the purpose of effecting an entrance


under this section.
282
[(3) Notwithstanding anything under this section and
unless specified under this Act, the Municipal Commissioner
or any authorised person on his behalf shall exercise all the
powers conferred on him under this Act and under the
Prevention of Food Adulteration Act, 1954 and shall also
have the powers to close down the premises and also seize
the machinery and material when there is reason to believe
that an offence is committed against some bye-law made
under this Act.]
283
[270-A.(1) No person engaged in any trade or Prohibition of
manufacture specified in Schedule IV shall,- corruption of
water by
chemicals etc.
(a) willfully cause or suffer to be brought or to flow
into any lake, reservoir, cistern, well, duct or other place for
water belonging to the Municipality or into any drain or pipe
communicating therewith any washing or other substance
produced in the course of any such trade or manufacture as
aforesaid;

(b) willfully do any act, connected with any such trade


or manufacture as aforesaid, whereby the water in any such
lake, tank, reservoir, cistern, well, duct or other place of
water is fouled or corrupted.

(2) The Commissioner may, after giving not less than


twenty-four hours previous notice in writing to the owner or
to the person who has the management or control of any
works, pipes or conduits connected with any such
manufacture or trade as aforesaid lay open and examine the
said works, pipes or conduits; and if upon such examination

282. Added by Act No.36 of 2007.


283. Section 270-A added by Act No.36 of 2007.
220 [Act No. 6 of 1965]

it appears that sub-section (1) has been contravened by


reason of anything contained in or proceeding from the said
works, pipes or conduits, the expenses of such laying open
and examination, and of any measure which the
Commissioner shall in his discretion, require to be adopted
for the discontinuance of the cause of such contravention,
shall be paid by the owner of the said works, pipes or
conduits, or by the person who has the management or
control thereof, or through whose neglect or fault the said
sub-section has been contravened, but if it appears that
there has been no contravention of the said sub-section,
that said expenses, and the compensation for any damage
occasioned by the said laying open and examination shall
be paid by the Commissioner.]

Slaughtering of animals.

Provision of 271. (1) The council shall provide a sufficient number of


municipal places for use as municipal slaughter-houses and may
slaughter houses.
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 appear to it
proper; or

(b) form 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.
[Act No. 6 of 1965] 221

272. (1) The owner of any place within municipal limits or at Licence for
a distance within three kilometres of such limits which is slaughter houses.
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.

273. No person shall slaughter within the municipality Slaughter of


except in a public or licensed slaughter-house any cattle, animals for sale
horse, sheep, goat or pig, or any other sale as food or skin as food.
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.

274. Subject to the provisions of the law relating to the Slaughter of


prohibition of sacrifices of animals and birds for the time animals during
being in force the municipal health officer may allow any festivals and
religious
animal to be slaughtered in such places as he thinks fit on ceremonies.
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.
222 [Act No. 6 of 1965]

The milk trade.

Regulation of milk 275. (1) No person shall, without, or otherwise than in


trade. 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 of 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.

Markets, butchers, fishmongers and hawkers.

Public markets. 276. (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 284Zilla Praja Parishad shall vest in the
municipality. The Government shall determine, in the
manner prescribed, the amount of compensation payable

284. Substituted by Act No.41 of 2006.


[Act No. 6 of 1965] 223

therefor to the gram panchayat, panchayat samithi or the


285
Zilla Praja Parishad, as the case may be.

277. (1) The council may provide places for use as public Power in respect
markets. of 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 286[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; and

(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.

285. Substituted by Act No.41 of 2006.


286. Substituted by Act No.5 of 1971.
224 [Act No. 6 of 1965]

287
[(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
288
[thirty years] at a time.]

Control of the 278. (1) No person shall, without the permission of the
municipal health municipal health officer, or if the fees have been farmed out,
officer over public of the farmer, sell or expose for sale any animal or article
markets.
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 servant 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.

License for private 279. (1) No person shall open a new private market or
market. continue to keep open a private market unless he obtains
from the 289[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 and not more than ninety days, before

287. Substituted by Act No.5 of 1971.


288. Substituted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
289. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 225

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 290[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 290[council] may think proper; or the 290[council] may
refuse to grant any such licence for any new private market.
The 290[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 290[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 290[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 posted 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.

280. When a licence granted under section 279 permits the Fee for licence.
levy of any fees of the nature specified in sub-section (2) of
section 277, a fee not exceeding fifteen percentum of the
gross income of the owner from the market in the preceding
year shall be charged by the 290[council] for such licence.

290. Substituted by Act No.5 of 1971.


226 [Act No. 6 of 1965]

Sale in unlicenced 281. It shall not be lawful for any person to sell or expose for
private markets. sale any animal or article in any unlicenced private market.

Power of 282. The 291[council] may, by notice, require the owner,


291
[Council] in occupier, or farmer of any private market to,-
respect of private
markets.
(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 291[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 291[council],
secure imperviousness and ready cleansing;

(c) ventilate it properly and provide it with a supply of


water;

(d) provide passages of sufficient width between the


stalls and make such alterations in the stalls, passages,
shops, door or other parts of the market as the 291[council]
may direct; and

(e) keep it in a cleanly and proper state and remove all


filth and refuse therefrom.
292
Revision of tax by [282-A. Where it is brought to the notice of the Director of
the Director Municipal Administration, that the property tax is under
Municipal
valued he may re-assess the property tax and fix such
Administration.
accordingly.]

Suspension or 283. (1) If any person, after notice given to him in that behalf
refusal of llicence by the 291[council], fails within the period and in the manner
in default.
laid down in the said notice, to carry out any of the works

291. In sections 282 to 285 for ―executive committee‖, council is


substituted by Act No.5 of 1971.
292. Inserted by Act No.20 of 1989.
[Act No. 6 of 1965] 227

specified in section 282, the 293[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.

284. No owner, occupier, agent or manager in charge of Prohibition


any private market or of any shop, stall, shed or other place against nuisance
therein, shall keep the same so that it is a nuisance, or fail to in private markets.
cause anything that is a nuisance to be at once removed to
a place to be specified by the 293[council].

285. The 293[council] or any officer duly authorised by it in Power to close


that behalf, may close any private market in respect of which private markets.
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.

286. (1) A council may acquire the rights of any person to Acquisition of
hold a private market in any place and to levy fees therein. rights of private
persons to hold
The acquisition shall be made under 294the Land Acquisition private markets.
Act, 1894 and such rights shall be deemed to be land for the
purposes of that Act, subject, however, to the condition that Central Act I of 1894.

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

293. In sections 282 to 285 for ―executive committee‖, council is


substituted by Act No.5 of 1971.
294. See Act No.18 of 2013 for relevant provision.
228 [Act No. 6 of 1965]

person to hold a private market and to levy fees therein shall


vest in the council.

Duty of expelling 287. The person incharge of a market or the municipal


lepers etc., from health officer shall prevent the entry therein or expel
markets and
therefrom any person suffering from leprosy, in whom the
power to expel
disturbers. 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.

Butcher‘s, fish- 288. (1) No person shall, without or otherwise than in


monger‘s, conformity with a licence from the municipal health officer,
poulterer‘s
carry on the trade of a butcher, fish-monger or poulterer or
licence.
use any place for the sale of flesh or fish intended for human
food in any place within municipal limits or at a distance
within three kilometres 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 heremetically 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
[Act No. 6 of 1965] 229

earlier date, when it shall expire at such earlier date as may


be specified therein.

289. (1) The 295[Commissioner] may, with the sanction of the Power to prohibit
295 or regulate sale of
[council,] prohibit by public notice or licence or regulate
the sale or exposure for sale, of any animals or articles in or articles in public
streets.
on any public street or part thereof.

(2) The 295[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 295[Council.]

290. If any question arises whether any place where Decision of


persons assemble for the sale or purchase of articles of disputes as to
whether places
food or clothing, or live-stock or poultry, or cotton,
are markets.
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.

Cart-stands.

291. The council may construct or provide and maintain Provision of public
public landing places, halting places and cart-stands. cart-stands, etc.

292. Where a council has provided a public landing place, Prohibition of use
halting place or cart-stand, the *[Commissioner] may of public place or
prohibit the use for the same purpose by any person within sides of public
street as cart-
such distance thereof, as may be determined by the council, stands, etc.
or any public place or the sides of any public street.

295. Substituted by Act No.5 of 1971. [For Municipal Health Officer –


Commissioner, for Executive Committee – Council].
230 [Act No. 6 of 1965]

Inspection of places for sale, etc.

Duty of municipal 293. It shall be the duty of the municipal health officer to
health officer to make provision for the constant and vigilant inspection of
inspect.
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.

Powers of 294. (1) The municipal health officer or any person


municipal health authorized by him in writing for the purpose may, without
officer for purpose
of inspection.
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


authorized 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 a 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
[Act No. 6 of 1965] 231

section or by the use of any force necessary for effecting an


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.

295. No person shall, in any manner whatsoever, prevent Preventing


the municipal health officer or person duly authorised by inspection by
him from exercising his powers under the last preceding municipal health
officer.
section.

296. If any animal, poultry or fish intended for food appears Power of
to the municipal health officer or to a person duly authorized municipal health
by him, to be diseased, or any food appears to him to be officer to seize
diseased animals
noxious, or if utensil or vessel used in manufacturing or noxious food, etc.
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.

297. No person shall remove or in any way interfere with an Removing or


animal or article secured under the last preceding section. interfering with
articles seize.
298. (1) Where any animal or article of food is seized under Power to destroy
section 296 it may with the consent of the owner or person article seized.
in whose possession it was found, be forthwith destroyed by
the municipal health officer so as to prevent its being used
232 [Act No. 6 of 1965]

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.

Production of 299. (1) Articles of food, animals, poultry, fish, utensils,


articles, etc, vessels, etc., seized under section 296 and not destroyed
seized before
under section 298, shall, as soon as possible, be produced
magistrate and
powers of by the municipal health officer before a Judicial Second
Magistrate to deal Class Magistrate.
with them.
(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.

Disposal of the dead.

Registration or 300. (1) Every owner or person having the control of any
closing of places place used at the date of the coming into operation of this
for disposal of the
dead. Act, as a place for burying, burning, or otherwise, disposing
[Act No. 6 of 1965] 233

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.

301. (1) No place for the disposal of the dead, whether Licencing of
public or private, shall be opended, formed, constructed, or places for
disposal of the
used, unless a licence has been obtained from the council
dead.
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.

302. (1) The council shall provide, free of charge, places to Provision of burial
be used as burial or burning grounds or crematoria either and burning
within or outside the limits of the municipality. grounds and
crematoria within
or outside
municipality.
234 [Act No. 6 of 1965]

(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.

Register of burial 303. (1) A book shall be kept at the municipal office
grounds. containing a list of all the burial or burning grounds or
crematoria, registered, licenced, 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.

Report of burials 304. The person having control of a place for disposing of
and burnings. 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.

Prohibition 305. (1) If the council is satisfied,-


against use of
burial and burning (a) that any registered or licensed place for the
grounds
dangerous to disposal of the dead is in such a state or situation as to be,
health or over or to be likely to become, dangerous to the health of
crowded with persons living in the neighbourhood thereof, or
graves.
(b) that any burial ground is over crowded 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
[Act No. 6 of 1965] 235

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

306. No person shall,- Prohibition in


respect of
(a) bury or cause to be buried, any corpse or part corpses.
thereof in a grave whether dug or constructed of masonary
or otherwise, 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 metres 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
236 [Act No. 6 of 1965]

(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.

Grave diggers‘ 307. No person shall discharge the office of a grave digger
licence. 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 VII.
VITAL STATISTICS AND THE PREVENTION
OF DISEASE.

Vital Statistics.

Compulsory 308. (1) The council shall register all births and deaths
registration of vital occurring in the municipality.
statistics.

(2) Information of births and deaths shall be given and


their registration shall be made and enforced in the
prescribed manner.

Infectious diseases.

Definitions of 309. ―Infectious disease‖ means a disease specified in


infectious disease. Scheduled V.
[Act No. 6 of 1965] 237

310. (1) If any medical practitioner becomes cognizant of Obligation of


existence of any infectious disease in any private or public medical
practitioner or
dwellings not being a public hospital, in the municipality he owner or occupier
shall inform the municipal health officer with the least of house to report
practicable delay. infectious disease.

(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.

311. The municipal health officer shall, at any time by day or Power of entry
by night without notice, or after giving such notice as may into suspected
places.
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.

312. (1) If the municipal health officer is of opinion that the Disinfection of
cleansing or disinfecting of any premises or part a thereof, buildings and
or of any article therein which is likely to retain infection, will articles.
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.
238 [Act No. 6 of 1965]

(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.

Provision of 313. (1) The municipal health officer shall, from time to time,
places for notify places at which conveyances, clothing, bedding, or
disinfection and other articles which have been exposed to infection from
power to destroy
infected articles.
any infectious discase 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).

Prohibition 314. No person shall without previously disinfecting it give,


against transfer of lend, let, her, sell, transmit or otherwise dispose of any
infected articles.
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.
[Act No. 6 of 1965] 239

315. If the chief medical officer of the district, the municipal Power of the
health officer or the local medical officer certifies that the chairman/
chairperson
water in any well, tank or other place within the limits of the prohibit use of
municipality, is likely if used for drinking, to engender or water likely to
cause the spread of any infectious disease, spread infection.
$
[chairman/chairperson] shall, by public notice, prohibit the
use of such water for drinking and domestic purposes
during a specified period.

316. When a hospital or other place for the reception of Municipal health
persons suffering from infectious diseases is provided by officer may order
removal of
the council, the municipal health officer may, on a certificate patients to
signed by a medical practitioner registered under the law hospitals.
relating to the registration of medical practitioners for the
time being in force, arrange for, or direct the removal to
such hospital or place, of 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.

317. If any person knows or has been certified by the Prohibition


municipal health officer, the local medical officer, or a against infected
registered medical practitioner that he is suffering from an person carrying
on occupation.
infectious disease, he shall not engage in any occupation,
or carry on any trade or business, which involves the risk of
spreading the disease.

318. (1) No person who is suffering from any infectious Prohibition


disease shall, without taking proper precautions against against person
suffering from
spreading such disease, cause or allow himself to be
infectious disease
conveyed in a public conveyance. entering public
conveyance.
(2) No Person who is suffering from any infectious
disease shall enter a public conveyance without previously
240 [Act No. 6 of 1965]

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.
[Act No. 6 of 1965] 241

319. (1) No person shall let or sublet or allow any person to Letting of infected
enter a building or any part of a building in which he knows buildings.
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.

320. In the event of the prevalence of any infectious disease Power to order
within the municipality, the council may by notice require the closure of places
of public
owner or occupier of any building, booth or tent used for entertainment.
purposes of public entertainment to close the same for such
period as it may fix.

321. No person, being the parent or having the care or Minor suffering
charge of a minor who is or has been suffering from an from infectious
infectious disease or has been exposed to infection disease not to
attend school.
therefrom shall, after a notice from the municipal health
officer or the local medical officer 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.
242 [Act No. 6 of 1965]

Small-pox.

Compulsory 322. (1) Vaccination shall be compulsory in every


vaccination. 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.

Obligation to give 323. Where an inmate of any dwelling place is suffering from
information of smallpox, the head of the family to which the inmate
small pox. belongs and in his default, the occupier or person incharge
of such place, shall inform the municipal health officer with
the least practicable delay.

Mosquito control. 324. The council shall take such measures as may be
necessary to prevent or eradicate the breeding of
mosquitoes in any area in the municipality.

Power of access 325. The *[Commissioner] or any person authorised by him


to in this behalf shall, for the purpose of anti-malarial operation,
*[Commissioner]
for anti-malarial
have access to any area in the municipality which has been
operations. or is a breeding place for mosquitoes.

PART VI-SUBSIDIARY LEGISLATION AND PENALTIES.

CHAPTER I.
RULES, BYE-LAWS AND REGULATIONS.

Rules and Schedules.

Power of 326. (1) 296[The Government may, by notification in the


Government to 297
[Telangana Gazette] may make rules for carrying out all or
make rules.
any of the purposes of this Act.

296. Substituted by Act No.22 of 1981.


297. Substituted by vide. G.O.Ms.No.142, MA & UD (A2) Department,
dated 29.10.2015.
[Act No. 6 of 1965] 243

(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 be this Act to be prescribed;
298
[(b) with regard to all matters not expressly
provided for in this Act, relating to electoral rolls, conduct of
elections and resolution of disputes relating to elections to
any office, including deposits to be made by candidates
standing for direct elections and the conditions under which
such deposits may be forfeited;]

(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 the
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 the municipal

298. Substituted by Act No.28 of 2005.


244 [Act No. 6 of 1965]

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 councils;

(j) as to the mode in which the officers of the


Government-shall advise and assist councils in carrying out
the purposes of this Act;
$
(k) as to the interpellation of the [chairman/
chairperson] by the #[Members] 299[XXX];

(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 300[XXX] 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;

299. Omitted by Act No.5 of 1971.


300. Omitted by Act No.22 of 1987. (profession tax)
[Act No. 6 of 1965] 245

(o) as to the transfer of allotments entered in the


sanctioned budget of a council from one head to another;

(p) as to the powers 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 rule, the Government may provide


that a breach thereof shall be punishable with a fine which
may extend to one hundred rupees.
301
[(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

301. Inserted by Act No.22 of 1981.


246 [Act No. 6 of 1965]

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 302Telangana 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.]
303
[327. [xxx]]

Power to amend 304


[328. (1) The Government may, by notification, alter, add
Schedules.
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 Legislature, as
soon as may be, but in any case during the next session of
the Legislature 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 Legislature is in session, such a Bill shall
be introduced in the Legislature during that session:

302. Substituted by vide. G.O.Ms.No.142, MA & UD (A2) Department,


dated 29.10.2015.
303. Section 327 omitted by Act No.22 of 1981.
304. For the sections 328 and 329 the section 328 substituted by Act
No.3 of 1994.
[Act No. 6 of 1965] 247

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 Legislature 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.]

Bye-Laws.

330. The council may make bye-laws, not in consistent with Power of council
this Act or with any other law, to provide,- to make bye-laws.

(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, wells, 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;
248 [Act No. 6 of 1965]

(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;
[Act No. 6 of 1965] 249

(8) for the cleansing of latrines, earth-closets, ash-pits


and cess-pool 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;
250 [Act No. 6 of 1965]

(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;
[Act No. 6 of 1965] 251

(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, weigh men 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 unwhole some 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 disposal 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;
252 [Act No. 6 of 1965]

(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 vaccination;

(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.

Power of 305
[330-A. (1) If, in respect of any matters specified in section
Government to 330 the council has failed to make any bye-laws or if the
make rules in lieu
of bye-laws. 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 333A shall apply to the rules made
under this section as they apply to the bye-laws made under
section 330.

305. Section 330A inserted by Act No.3 of 1994.


[Act No. 6 of 1965] 253

(5) Before making any rule under this section the


Government shall give the council an opportunity of
showing cause against the proposal.]

331. Bye-laws with regard to the drainage of, and supply of Power to give
water to, buildings, and water-closets, earth-closets, privies, retrospective
effect to certain
ash-pits and cess-pools in connection with buildings and
bye-laws.
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.

332. The council shall, before making or altering bye-laws, Condition


publish a draft of the proposed bye-laws and alterations precedent to
together with a notice specifying a date at or after which making bye-laws.
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.

333. (1) No bye-law or cancellation or alteration of a bye-law Confirmation of


shall have effect until the same is approved and confirmed bye-laws by
Government.
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.
306
[333A. In making bye-laws the municipal council may, Penalty for
subject to the provisions of clause (1) of article 20 of the breaches of bye-
Constitution, provide that a breach thereof shall be laws.
punishable,-

306. Section 333A inserted by Act No.3 of 1994.


254 [Act No. 6 of 1965]

(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.]

PUBLICATION OF RULES, BYE-LAWS AND REGULATIONS.

Copies of Act, 334. Complete copies in English and in the main language
rules and bye- of the district,-
laws to be sold at
municipal office.
(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.

Publication of 335. Regulations made by the municipal authorities under


regulations. this Act shall be published in such manner as the council
may determine.

CHAPTER II.
PENALTIES.

General 336. (1) Whoever,-


provisions
regarding
penalties (a) contravenes any provision of any of the sections
specified in or rules specified in the first column of Schedule VI,
Schedules VI and
VII.
[Act No. 6 of 1965] 255

(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 fourth
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 Schedule, or

(c) failing to comply with any direction lawfully given


to him or any requisition lawfully made upon him under or in
pursuance 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 fourth 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 columns of


Schedules VI and VII headed ―subject‖ are not intended as
definitions of the offences described in the sections, sub-
256 [Act No. 6 of 1965]

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.

Penalty for acting 337. (1) Whoever acts as a #[Member] 307[xxx] knowing that
as #[Member] under this Act or the rules made thereunder he is not
$[chairman/chairp
erson], 307[xxx] or
entitled, or has ceased to be entitled, to hold such office
vice-chairman shall, on conviction, be punished with fine not exceeding
when disqualified. two hundred rupees for every such offence.

(2) Whoever acts as or exercises the functions of the


$
[chairman/chairperson] or vice-chairman 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 $[chairman/chairperson] or vice-chairman of a


council 307[xxx] fails to hand over any documents of, or any
moneys or other properties vested in, or belonging to, the
council 307[xxx] 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 $[chairman/chairperson] or vice-chairman expires
and in the case of the vice-chairman also on demand by the
$
[chairman/chairperson], such $[chairman/chairperson] or
vice-chairman shall, on conviction, be punished with fine not
exceeding one thousand rupees for every such offence.

Penalty for 338. If any municipal officer or employee knowingly


acquisition by acquires, directly or indirectly, by himself or by a co-sharer
municipal officer
of interest in
or servant, or near relative or any benamidar, any share or
contract or work.
307. Omitted by Act No.5 of 1971.
[Act No. 6 of 1965] 257

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


shareholder 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 utilisation for the purpose of a school of
any land or building owned by him or in which he has a
share or interest.

339. (1) Every owner or person in charge of any carriage or Penalty for
animal liable to tax who omits to obtain a licence shall, on commission to
take out licence
conviction, be punished with fine not exceeding fifty rupees for carriage or
and shall also pay the amount of the tax payable by him in animal.
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 been
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.
258 [Act No. 6 of 1965]

308
Penalty for willful [339A. Any person wilfully preventing distraint or sufficient
prevention of distraint of property subject to distraint for any tax due from
distraint.
any person shall on conviction be liable to a fine not
exceeding twice the amount of the tax found to be due.]
309
Penalty for [340. (1) Notwithstanding anything contained in the Act,
unlawful building. any person who, whether at his own instance or at the
instance of any other person or any body including a
department of the Government, undertakes or carries out
construction or development of any land in contravention of
the statutory master plan or without permission, approval or
sanction or in contravention of any condition subject to
which such permission, approval or sanction has been
granted shall be punished with imprisonment for a term
which may extend to three years, or with fine which may
extend to ten percent of the value of land or building
including land in question as fixed by the Registration
Department at the time of using the land or building.
Provided that the fine imposed shall, in no case be less than
fifty percent of the said amount.]
310
Power to seal [340-A. (1) It shall be lawful for the Commissioner, at any
unauthorised time, before or after making an order for the removal or
construction/
discontinuance of any unauthoirsed development or
development or
premises. construction under section 228, to make an order directing
the sealing of such development or property or taking the
assistance of the police, for the purpose of carrying out the
provisions of this Act.

(2) Where any development or property has been


sealed, the Commissioner, may, for the purpose of
removing or discontinuing such development or property,
order such seal to be removed.

308. Section 339A inserted by Act No.3 of 1994.


309. Section 340 substituted by Act No.6 of 2008.
310. Section 340-A added by Act No.6 of 2008.
[Act No. 6 of 1965] 259

(3) No person shall remove such seal except,-

(a) under an order made by the Commissioner, or

(b) under an order of the Appellate Tribunal on the


appeal made in this behalf.]

341. (1) Every conservancy worker employed by the council Notice to


shall be entitled to one month‘s notice before discharge or conservancy
worker before
to one month‘s wages in lieu thereof, unless he is discharge, etc.
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


311
Telangana 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.

342. Every person, who prevents the municipal authority or Wrongful restraint
officer or any person to whom the said authority or officer of municipal
authority or officer
has lawfully delegated its or his powers of entering into or
and his delegate.
on any land or building, from exercising its or his lawful
power of entering there into or thereon shall be deemed to
have committed an offence under section 341 of the Indian Central Act 45 of 1860.

Penal Code.

311. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
260 [Act No. 6 of 1965]

Penalty for not 343. If any person, who is required by the provisions of the
giving information Act or by any notice or other proceedings issued under this
or giving false
information.
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 one


hundred rupees.
312
[CHAPTER - III

CORRUPT PRACTICES AND ELECTION OFFENCES


CORRUPT PRACTICES

Corrupt practices. 343 A. The following shall be deemed to be corrupt


practices for the purposes of this Act-

(1) Bribery, that is to say,-

(A) Any gift, offer or promise by a candidate or his


agent or by any other person with the consent of a
candidate or his election agent of any gratification, to any
person whomsoever, with the object directly or indirectly of
inducing,-

(a) a person to stand or not to stand as or to


withdraw or not to withdraw from being a candidate at an
election, or

(b) an elector to vote or refrain from voting at an


election, or as a reward to,-

312. Sections 343-A to 343-ZE inserted by Act No.28 of 2005.


[Act No. 6 of 1965] 261

(i) a person for having so stood or not stood, or for


having withdrawn or not having withdrawn his candidature;
or

(ii) an elector for having voted or refrained from


voting;

(B) The receipt of, or agreement to receive, any


gratification, whether as a motive or a reward,-

(a) by a person for standing or not standing as or


for withdrawing or not withdrawing from being a candidate,
or

(b) by any person whomsoever for himself or any


other person for voting or refraining from voting or inducing
or attempting to induce any elector to vote or refrain from
voting, or any candidate to withdraw or not to withdraw his
candidature.

Explanation:- For the purposes of this clause the


term ‗gratification‘ is not restricted to pecuniary gratification
or gratifications estimable in money and it includes all forms
of entertainment and all forms of employment for reward but
it does not include the payment of any expenses bonafide
incurred at, or for the purpose of any election and duly
entered in the account of election expenses.

(2) Undue influence, that is to say, any direct or indirect


interference or attempt to interfere on the part of the
candidate or his agent or of any other person with the
consent of the candidate or his election agent with the free
exercise of any electoral right:

Provided that,-
262 [Act No. 6 of 1965]

(a) without prejudice to the generality of the


provisions of this clause any such person as is referred to
therein, who,-

(i) threatens any candidate or any elector or any


person in whom a candidate, or an elector is interested, with
injury of any kind including social ostracism and
excommunication or expulsion from any caste or
community; or

(ii) induces or attempts to induce a candidate or an


elector to believe that he, or any person in whom he is
interested will become or will be rendered an object of
divine displeasure or spiritual censure, shall be deemed to
interfere with the free exercise of the electoral right of such
candidate or elector within the meaning of this clause;

(b) a declaration of public policy, or a promise of


public action, or the mere exercise of a legal right without
intent to interfere with an electoral right, shall not be
deemed to be interference within the meaning of this clause.

(3) The appeal by a candidate or his agent or by any


other person with the consent of a candidate or his election
agent to vote or refrain from voting for any person on the
ground of his religion, race, caste, community or language
or the use of, or appeal to religious symbols, or the use of,
or appeal to national symbols such as the national flag or
the national emblem, for the furtherance of the prospects of
the election of that candidate or for prejudicially affecting the
election of any candidate:

Provided that no symbol allotted under this Act to a


candidate shall be deemed to be a religious symbol or a
national symbol for the purposes of this clause.
[Act No. 6 of 1965] 263

(4) The promotion of, or attempt to promote feelings of


enmity or hatred between different classes of the citizens of
India on grounds of religion, race, caste, community, or
language by a candidate, or his agent or any other person
with the consent of a candidate or his election agent for the
furtherance of the prospects of the election of that candidate
or of prejudicially affecting the election of any candidate.

(5) The propagation of the practice or the commission


of sati or its glorification by a candidate or his agent or any
other person with the consent of the candidate or his
election agent for the furtherance of the prospects of the
election of that candidate or for prejudicially affecting the
election of any candidate.

Explanation:- For the purpose of this clause, ―sati‖ and


―glorification‖ in relation of sati shall have the meanings
respectively assigned to them in the Commission of Sati Central Act 3 of 1988.

(Prevention) Act, 1987.

(6) The publication by a candidate or his agent or by


any other person, with the consent of a candidate or his
election agent of any statement of fact which is false, and
which he either believes to be false, or does not believe to
be true in relation to the personal character or conduct of
any candidate or in relation to the candidature, or
withdrawal of any candidate, being a statement reasonably
calculated to prejudice the prospects of that candidate‘s
election.

(7) The hiring or procuring whether, on payment or


otherwise of any vehicle or vessel by a candidate or his
agent or by any other person with the consent of a
candidate or his election agent, or the use of such vehicle or
vessel for the free conveyance of any elector other than that
the candidate himself, the members of his family or his
agent to or from any polling station:
264 [Act No. 6 of 1965]

Provided that the hiring of a vehicle or vessel by an


elector or by several electors at their joint costs for the
purpose of conveying him or them to and from any such
polling station or place fixed for the poll shall not be deemed
to be a corrupt practice under this clause if the vehicle or
vessel so hired is a vehicle or vessel not propelled by
mechanical power.

Provided further that the use of any public transport


vehicle or vessel by any elector at his own cost for the
purpose of going to or coming from any such polling station
or place fixed for the poll shall not be deemed to be a
corrupt practice under this clause.

Explanation:- ln this clause the expression ―vehicle‖


means any vehicle used or capable of being used for the
purpose of road transport, whether propelled by mechanical
power or otherwise and whether used for drawing other
vehicles or otherwise.

(8) The incurring or authorizing of expenses in


contravention of section 343 ZC.

(9) The obtaining or procuring or abetting or


attempting to obtain or procure by a candidate or his agent,
or by any other person with the consent of a candidate or
his election agent, any assistance (other than the giving of
vote) for the furtherance of the prospects of that candidate‘s
election, from any person in the service of the State or
Central Government, Local Authority or a Corporation
owned or controlled by the State or Central Government:

Provided that where any person, in the service of the


State or Central Government or a Local Authority or a
Corporation owned or controlled by the State or Central
Government in the discharge or purported discharge of his
official duty, makes any arrangements or provides any
[Act No. 6 of 1965] 265

facilities or does any other act or thing, for, to, or in relation


to, any candidate or his agent or any other person acting
with the consent of the candidate or his election agent
(whether by reason of the office held by the candidate or for
any other reason), such arrangements, facilities or act or
thing shall not be deemed to be assistance for the
furtherance of the prospects of that candidate‘s election.

(10) Booth capturing by candidate or his agent or other


person.

Explanation:- (1) In this section the expression ‗agent‘


includes an election agent, a polling agent, and any person
who is held to have acted as an agent in connection with the
election with the consent of the candidate.

(2) For the purposes of clause (9), a person shall be


deemed to assist in the furtherance of the prospects of a
candidate‘s election if he acts as an election agent of that
candidate.

(3) For the purposes of clause (9), notwithstanding


anything contained in any other law, the publication in the
313
Telangana Gazette of the appointment, resignation,
termination of service, dismissal or removal from service of a
person in the service of the Government shall be conclusive
proof,-

(i) of such appointment, resignation, termination of


service, dismissal or removal from service, as the case may
be; and

(ii) where the date of taking effect of such


appointment, resignation, termination of service, dismissal

313. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
266 [Act No. 6 of 1965]

or removal from service, as the case may be, is stated in


such publication, also of the fact that such person was
appointed with effect from the said date, or in the case of
resignation, termination of service, dismissal or removal
from service, such person ceased to be in such service with
effect from the said date.

ELECTORAL OFFENCES

Promoting enmity 343 B. Any person who, in connection with an election


between classes under this Act promotes or attempts to promote on grounds
in connection with
election.
of religion, race, caste, community or language, feelings or
enmity or hatred, between different classes of the citizens of
India shall be punishable with imprisonment for a term
which may extend to three years and with fine which may
extend to three thousand rupees.

Prohibition of 343 C. (1) No person shall,-


public meetings
during period of (a) convene, hold, attend, join or address any public
forty-eight hours
ending with hour
meeting or procession in connection with an election; or
fixed for
conclusion of poll. (b) display to the public any election matter by means
of cinematography, television or other similar apparatus; or

(c) propagate any election matter to the public by


holding, or by arranging the holding of, any musical concert
or any theatrical performance or any other entertainment or
amusement with a view to attracting the members of the
public thereto, in any polling area during the period of forty
eight hours ending with the hour fixed for the conclusion of
the poll for any election in that polling area.

(2) any person who contravenes the provision of sub-


section (1) shall be punishable with imprisonment for a term
which may extend to two years, or with fine or with both.
[Act No. 6 of 1965] 267

(3) In this section, the expression ―election matter‖


means any matter intended or calculated to influence or
affect the result of election.

343 D. (1) Any person who at a public meeting to which this Disturbance at
section applies acts or incites others to act in a disorderly election meetings.
manner for the purpose of preventing the transaction of the
business for which the meeting was called together, shall be
punishable with imprisonment for a term which may extend
to six months or with fine which may extend to two thousand
rupees or with both.

(2) An offence punishable under sub-section (1) shall


be cognizable.

(3) This section applies to any pubiic meeting of a


political character held in any Municipality/Nagar Panchayat
between the date of the issue of notification under this Act
calling upon the voters to elect a ward member or members
or Chairperson and the date on which such election is held.

(4) If any police officer reasonably suspects any person


of committing an offence under sub-section (1) he may, if
requested to do by the $[chairman/chairperson] of the
meeting require that person to declare to him immediately
his name and address and, if that person refuses or fails so
to declare his name and address or if the police officer
reasonably suspects him of giving a false name or address,
the police officer may arrest him without warrant.

343 E. (1) No person shall print or publish or cause to be Restrictions on


printed or published, any election pamphlet or poster which the printing of
pamphlets,
does not bear on its face the names and addresses of the
posters etc.
printer and the publisher thereof.

(2) No person shall print or cause to be printed any


election pamphlet or poster:-
268 [Act No. 6 of 1965]

(a) unless a declaration as to the identity of the


publisher thereof, signed by him and attested by two
persons to whom he is personally known, is delivered by
him to the printer in duplicate; and

(b) unless, within a reasonable time after the printing


of the document, one copy of the declaration is sent by the
printer, together with one copy of the document,-

(i) where it is printed in the capital of the State, to


the Election Authority, and

(ii) in any other case, to the District Magistrate of the


district in which it is printed.

(3) For the purpose of this section,-

(a) any process for multiplying copies of a document


other than copying it by hand, shall be deemed to be
printing and the expression ‗printer‘ shall be construed
accordingly; and

(b) ―election pamphlet or poster‖ means any printed


pamphlet, handbill or other document distributed for the
purpose of promoting or prejudicing the election of a
candidate or group of candidates or any placard or poster
having reference to an election, but does not include any
handbill, placard or poster merely announcing the date,
time, place and other particulars of an election meeting or
routine instructions to election agents or workers.

(4) Any person who contravenes any of the provisions


of sub-section (1) or sub-section (2) shall be punishable with
imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand rupees or with
both.
[Act No. 6 of 1965] 269

343 F. (1) Every officer, clerk, agent or other person who Maintenance of
performs any duty in connection with the recording or secrecy of voting.
counting of votes at an election shall maintain, and aid in
maintaining, the secrecy of the voting and shall not (except
for some purpose authorised by or under any law)
communicate to any person any information calculated to
violate such secrecy.

(2) Any person who contravenes provisions of sub-


section (1) shall be punishable with imprisonment for a term,
which may extend to three months or with fine or with both.

343 G. (1) No person who is a District Election Authority or Officers etc. at


an Election Officer or an Assistant Election Officer, or a elections not to
act for candidates
Presiding Officer or Polling Officer at an election, or an or to influence
officer or clerk appointed by the Returning Officer or the voting.
Presiding Officer to perform any duty in connection with an
election shall in the conduct or the management of the
election do any act (other than the giving of vote) for the
furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a


police force, shall endeavour,-

(a) to persuade any person to give his vote at an


election, or

(b) to dissuade any person from giving his vote at an


election, or

(c) to influence the voting of any person at an election


in any manner.

(3) Any person who contravenes the provisions of sub-


section (1) or sub-section (2) shall be punishable with
imprisonment, which may extend to six months, or with fine
or with both.
270 [Act No. 6 of 1965]

Prohibition of 343 H. (1) No person shall, on the date or dates on which a


canvassing in or poll is taken at any polling station, commit any of the
near polling
following acts within the polling station or in any public or
stations.
private place within a distance of one hundred metres of the
polling station, namely,-

(a) canvassing for votes; or

(b) soliciting the vote of any elector; or

(c) persuading any elector not to vote for any


particular candidate; or

(d) persuading any elector not to vote at the election;


or

(e) exhibiting any notice or signs (other than an


official notice) relating to the election.

(2) Any person who contravenes the provisions of sub-


section (1) shall be punished with fine which may extend to
two hundred and fifty rupees.

Penalty for 343 I. (1) No person shall, on the date or dates on which a
disorderly poll is taken at any polling station,-
conduct in or near
polling stations.
(a) use or operate within or at the entrance of the
polling station, or in any public or private place in the
neighbourhood thereof, any apparatus for amplifying or
reproducing the human voice, such as a megaphone or a
loudspeaker, or

(b) shout, or otherwise act in a disorderly manner


within or at the entrance of the polling station or in any
public or private place in the neighbourhood thereof, so as
to cause annoyance to any person visiting the polling
[Act No. 6 of 1965] 271

station for the poll, or so as to interfere with the work of the


officers and other persons on duty at the polling station.

(2) Any person who contravenes, or willfully aids or


abets the contravention of the provisions of sub-section (1)
shall be punishable with imprisonment which may extend to
three months or with fine or with both.

(3) If the presiding officer of a polling station has


reason to believe that any person is committing or has
committed an offence punishable under this section, he may
direct any police officer to arrest such person, and
thereupon the police officer shall arrest him.

(4) Any police officer may take such steps, and use
such force as may be reasonably necessary for preventing
any contravention of the provisions of sub-section (1), and
may seize any apparatus used for such contravention.

343 J. (1) Any person who during the hours fixed for the poll Penalty for
at any polling station misconducts himself or fails to obey misconduct at the
polling station.
the lawful directions of the presiding officer may be removed
from the polling station by the presiding officer or by any
police officer on duty or by any person authorised in this
behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not


be exercised so as to prevent any elector who is otherwise
entitled to vote at a polling station from having opportunity
of voting at that station.

(3) If any person who has been so removed from


polling station re-enters the polling station, without the
permission of the presiding officer, he shall be punishable
with imprisonment for a term which may extend to three
months, or with fine, or with both.
272 [Act No. 6 of 1965]

Penalty for failure 343 K. If an elector to whom a ballot paper has been issued,
to observe refuses to observe the procedure prescribed for voting, the
procedure for
ballot paper issued to him shall be liable for cancellation.
voting.

Penalty for illegal 343 L. If any person is guilty of any such corrupt practice as
hiring or is specified in clause (7) of section 343 A at or in connection
procuring of
with an election, he shall be punishable with imprisonment
conveyance at
elections. which may extend to three months and with fine.

Breaches of 343 M. (1) If any person to whom, this section applies is


official duty in without reasonable cause guilty of any act or omission in
connection with
breach of his official duty, he shall be punishable with fine,
elections.
which may extend to five hundred rupees.

(2) An offence punishable under sub-section (1) shall


be congnisable.

(3) No suit or other legal proceedings shall lie against


any such person for damages in respect of any such act or
omission as aforesaid.

(4) The persons to whom this section applies are the


District Election Officers, Election officers, Assistant election
officers, Polling officers, and any other person appointed to
perform any duty in connection with the receipt of
nominations or withdrawal of candidatures, or the recording
or counting of votes at an election and the expression
‗‗official duty‖ shall for the purposes of this section be
construed accordingly but shall not include duties imposed
otherwise than by or under this Act.

Penalty for 343 N. If any person in the service of the State or Central
Government
Government or a Local Authority or a Corporation owned or
servants etc. for
acting as election controlled by the State or Central Government acts as an
agent, polling election agent of a candidate at an election he shall be
agent or counting punishable with imprisonment for a term which may extend
agent. to three months, or with fine or with both.
[Act No. 6 of 1965] 273

343 O. (1) No person other than the Returning Officer, any Prohibition of
Police Officer and any other person appointed to maintain going armed to or
peace and order, at a polling station who is on duty at the near a polling
station.
polling station, shall, on a polling day, go armed with arms,
as defined in the Arms Act, 1959, of any kind within the Central Act 54 of 1959.
neighbourhood of a polling station.

(2) If any person contravenes the provisions of sub-


section (1), he shall be punishable with imprisonment for a
term which may extend to two years, or with fine, or with
both.

(3) An offence punishable under sub-section (2) shall


be cognizable.

343 P. (1) Any person who, at any election, unauthorisedly Removal of ballot
takes or attempts to take a ballot paper or ballot box out of papers or ballot
boxes from
polling station, or willfully aids or abets the doing of any polling stations to
such act shall be punishable with imprisonment for a term be an offence.
which may extend to five years and with fine which may
extend upto five thousand rupees.

(2) If the presiding officer of a polling station has


reason to believe that any person is committing or has
committed an offence, punishable under sub-section (1),
such officer may, before such person leaves the polling
station, arrest or direct a police officer to arrest such person
and such person may cause him to be searched by a police
officer:

Provided that when it is necessary to cause a woman


to be searched the search shall be made by another woman
with strict regard to decency.

(3) Any ballot paper found upon the person arrested on


search shall be made over for safe custody to a police
officer by the presiding officer or when the search is made
274 [Act No. 6 of 1965]

by a police officer, shall be kept by such officer in safe


custody.

(4) An offence punishable under sub-section (1) shall


be cognizable.

Offence of booth 343 Q. (1) Whoever commits an offence of booth capturing


capturing. shall be punishable with imprisonment for a term which shall
not be less than one year but which may extend to three
years and with fine, and where such offence is committed by
a person in the service of the Government, he shall be
punishable with imprisonment for a term which shall not be
less than three years but which may extend to five years and
with fine.

Explanation:- For the purposes of this sub-section and


section 343 ZE ―booth capturing‖ includes, among other
things, all or any of the following activities, namely,-

(a) seizure of a polling station or a place fixed for the


poll by any person or persons making polling authorities
surrender the ballot papers or voting machines and doing of
any other act which affects the orderly conduct of elections;

(b) taking possession of polling station or a place


fixed for the poll by any person or persons and allowing only
his or their own supporters to exercise their right to vote and
prevent others from free exercise of their right to vote;

(c) coercing or intimidating or threatening directly or


indirectly threatening any elector and preventing him from
going to the polling station or a place fixed for the poll to
cast his vote;

(d) seizure of a place for counting of votes by any


person or persons, making the counting authorities
surrender the ballot papers or voting machines and the
[Act No. 6 of 1965] 275

doing of anything which affects the orderly counting of


votes;

(e) doing by any person in the service of


Government, of all or any of the aforesaid activities or aiding
or conniving at, any such activity in the furtherance of the
prospects of the election of a candidate.

(2) An offence punishable under sub-section (1) shall


be cognizable.

343 R. (1) No spirituous, fermented or intoxicating liquors or Liquor not to be


other substances of a like nature shall be sold, given or sold, given or
distributed on
distributed at a hotel, eating house, tavern, shop or any polling day.
other place, public or private, within a polling area during
the period of forty-eight hours ending with the hour fixed for
the conclusion of the poll for any election in that polling
area.

(2) Any person who contravenes the provisions of sub-


section (1), shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.

(3) Where a person is convicted of an offence under


this section, the spirituous, fermented or intoxicating liquors
or other substances of a like nature found in his possession
shall be liable to confiscation and the same shall be
disposed of in such manner as may be prescribed.

343 S. (1) A person shall be guilty of an electoral offence if Other offences


at any election he,- and penalties
thereunder.

(a) fraudulently defaces or fraudulently destroys any


nomination paper; or
276 [Act No. 6 of 1965]

(b) fraudulently defaces or destroys or removes any


list, notice or other documents affixed by or under the
authority of an election officer; or

(c) fraudulently defaces or fraudulently destroys any


ballot paper or the official mark or any ballot paper or any
declaration of identity or official envelope used in
connection with voting by postal ballot; or

(d) without due authority supplies any ballot paper to


any person or receives any ballot paper from any person or
is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything


other than the ballot paper which he is authorised by law to
put in; or

(f) without due authority destroys, takes, opens or


otherwise interferes with any ballot box or ballot papers then
in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case


may be, attempts to do any of the foregoing acts or willfully
aids or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this


section shall,-

(a) if he is an election officer or an assistant election


officer or a presiding officer at a polling station or any other
officer or clerk employed on official duty in connection with
the election, be punishable with imprisonment for a term
which may extend to two years or with fine or with both;

(b) if he is any other person, be punishable with


imprisonment for a term which may extend to six months or
with fine or with both.
[Act No. 6 of 1965] 277

(3) For the purposes of this section a person shall be


deemed to be on official duty if his duty is to take part in the
conduct of an election or part of an election including the
counting of votes or to be responsible after an election for
the used ballot papers and other documents in connection
with such election, but the expression ―official duty‖ shall
not include any duty imposed otherwise than by or under
this Act.

343 T. Whoever does any act in contravention of any of the Penalty for
provisions of this Act, or of any rule, notification or order offences not
otherwise
made, issued or passed, thereunder and not otherwise provided for.
provided for in this Act shall, on conviction be punished with
imprisonment which may extend to two years or with fine
which may extend to two thousand rupees or with both.

CHAPTER - IV
MISCELLANEOUS ELECTION MATTERS

343 U. (1) If at an election the proceedings at any polling Adjournment of


station are interrupted or obstructed by any riot or open poll in
emergencies.
violence, or if at an election it is not possible to take the poll
at any polling station or such place on account of any
natural calamity, or any other sufficient cause, the presiding
officer for such polling station shall announce an
adjournment of the poll to a date to be notified later, and he
shall forthwith inform the election officer concerned.

(2) Whenever a poll is adjourned under sub-section (1),


the election officer shall immediately report the
circumstances to the District Election Authority and the State
Election Commission, and shall, as soon as may be, with
the previous approval of the State Election Commission,
appoint the day on which the poll shall recommence, and fix
the hours during which, the poll will be taken, and shall not
count the votes cast at such election until such adjourned
poll shall have been completed.
278 [Act No. 6 of 1965]

(3) In every such case as aforesaid, the election officer


shall notify in such manner as the State Election
Commission may direct, the date and hours of polling fixed
under sub-section (2).

Fresh poll in the 343 V. (1) If at any election,-


case of
destruction etc.,
of ballot boxes. (a) any ballot box used at a polling station is
unlawfully taken out of the custody of the presiding officer or
the election officer, or is accidentally or intentionally
destroyed or lost, or is damaged or tampered with, to such
an extent, that the resuIt of the poll at that polling station
cannot be ascertained; or

(b) any voting machine develops a mechanical failure


during the course of the recording of votes; or

(c) any such error or irregularity in procedure as is


likely to vitiate the poll is committed at a polling station, the
election officer shall forthwith report the matter to the State
Election Commission.

(2) Thereupon, the State Election Commission shall,


after taking all material circumstances into account; either,-

(a) declare the poll at that polling station to be void,


appoint a day, and fix the hours, for taking a fresh poll at
that polling station and notify the day so appointed and the
hours so fixed in such manner as it may deem fit, or

(b) if satisfied that the result of a fresh poll at that


polling station will not, in any way, affect the result of the
election or that the mechanical failure of the voting machine
or the error or irregularity in procedure is not material, issue
such directions to the election officer as it may deem proper
for the further conduct and completion of the election.
[Act No. 6 of 1965] 279

(3) The provisions of this Act and of any rules or orders


made thereunder shall apply to every such fresh poll as they
apply to the original poll.

343 W. (1) If at any election,- Adjournment of


poll or
countermanding
(a) booth capturing has taken place at a polling of election on the
station or in such number of polling stations as is likely to ground of booth
affect the result of such election or that the result of the poll capturing.
at that polling station cannot be ascertained; or

(b) booth capturing takes place in any place for


counting of votes in such a manner that the result of the
counting at that place cannot be ascertained, the Election
Officer shall forthwith report the matter to the State Election
Commission.

(2) The State Election Commission shall, on the receipt


of a report from the Election Officer under sub-section (1),
and after taking all material circumstances into account,
either,-

(a) declare that the poll at that polling station be void,


appoint a day, and fix the hours, for taking fresh poll at that
polling station and notify the date so appointed and hours
so fixed in such manner as it may deem fit, or

(b) if satisfied that in view of the large number of polling


stations involved in booth capturing the result of the election
is likely to be affected or that booth capturing had affected
counting of votes in such manner as to affect result of the
election, countermand the election in that constituency.

Explanation: In this section, ―booth capturing‖ shall


have the same meaning as in section 343 Q.
280 [Act No. 6 of 1965]

Destruction, loss, 343 X. (1) If any time before the counting of votes is
etc., of ballot completed any ballot papers used at a polling station are
papers at a time unlawfully taken out of the custody of the election officer or
of counting.
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 cannot be ascertained, the
election officer shall forthwith report the matter to the State
Election Commission.

(2) Thereupon, the State Election Commission shall,


after taking all material circumstances into account, either,-

(a) direct that the counting of votes shall be stopped,


declare the poll at that polling station to be void, appoint a
day, and fix the hours, for taking a fresh poll at that polling
station and notify the date so appointed and hours so fixed
in such manner as it may deem fit, or

(b) if satisfied that the result of a fresh poll at that


polling station will not, in any way, affect the result of the
election, issue such directions to the election officer as it
may deem proper for the resumption and completion of the
counting and for the further conduct and completion of the
election in relation to which the votes have been counted.

(3) The provisions of this Act and of any rules or orders


made thereunder shall apply to every such fresh poll as they
apply to the original poll.

Electoral officers 343 Y. (1) Any officer or staff employed in connection with
and staff etc.
the preparation, revision and correction of the electoral rolls
deemed to be on
deputation. for, and the conduct of all elections shall be deemed to be
on deputation to the State Election Commission for the
period during which they are so employed and such officers
and staff shall during that period, be subject to the control,
superintendence and discipline of the State Election
Commission.
[Act No. 6 of 1965] 281

(2) The District Election Authority, Election Officer,


Assistant Election Officer, Presiding Officer, Polling Officer
and any other officer appointed under this Act, and any
police officer designated for the time being by the State
Government for the conduct of any elections shall be
deemed to be on deputation to the State Election
Commission for the period commencing on and from the
date of notification calling for such elections and ending with
the date of declaration of the results of such elections and
such officer shall, during that period, be subject to the
control, superintendence and discipline of the State Election
Commission.

343 Z. The State Election Commissioner may, subject to Delegation of the


such conditions and restrictions as he may specify, by powers of the
Commission.
general or special order, delegate to any officer or authority
in the State Government, either generally or as respects any
particular matter or class of matters any powers of the
Commission under this Act.

343 ZA. No election held under this Act shall be called in Election petitions.
question except by an election petition presented in
accordance with such rules as may be made in this behalf
and to such authority as may be specified in such rules.

CHAPTER - V
ELECTION EXPENSES

343 ZB. This Chapter shall apply to candidates of any Applications of


election held under this Act. chapter.

343 ZC. (1) Every candidate, at any election held under this Account of
Act shall, either by himself, or by his election agent, keep a election
separate and correct account of all expenditure incurred in expenses.
connection with the election, between the date on which the
candidate concerned has been nominated, and the date of
declaration of the result of the election, both dates inclusive
282 [Act No. 6 of 1965]

(hereinafter in this Chapter referred to as ‗Election


expenses‘).

Explanation-I. ‗Election expenses‘ for purpose of this


Act shall mean all expenses in connection with the election,-

(a) incurred, or authorized by the contesting candidate,


or by his election agent;

(b) incurred by any association, or body of persons, or


by any individual (other than the candidate or his election
agent), aimed at promoting or procuring the election of the
candidate concerned; and

(c) incurred by any political party, by which the


candidate is set up, so as to promote or procure his
election:

Provided that any expenses incurred by any political


party as part of its general propaganda, (which is
distinguishable from its election campaign, for the
promotion or procuring the election of a particular
candidate), by words, either written or spoken, or by signs
or visible representations, or by audio-visual devices, or
through print or electronic media or otherwise, shall not
constitute ‗election expenses‘ for purposes of this Act.

Explanation-II:- (1) For the removal of doubts, it is


hereby declared that any expenses incurred in respect of
any arrangements made, facilities provided or any other act
or thing done by any person in the service of the
Government and belonging to any of the classes mentioned
in clause (9) of section 343 A in the discharge or purported
discharge of his official duty as mentioned in the proviso to
that clause shall not be deemed to be expenses in
connection with the election incurred or authorized by a
[Act No. 6 of 1965] 283

candidate or by his election agent for the purposes of this


sub-section.

(2) The account of election expenses shall contain


such particulars, as may by order, be specified by the State
Election Commission.

(3) The total of the said expenses shall not exceed


such amount, as may by order, be specified by the State
Election Commission.

343 ZD. Every contesting candidate at an election shall, Lodging of


within forty five days from the date of declaration of the account with the
District Election
result of the election, lodge with the District Election Authority.
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 343 ZC;

CHAPTER VI
APPOINTMENT OF OBSERVERS

343 ZE. (1) The State Election of Commission may nominate Appointment of
an Observer who shall be an officer of Government to watch Observers.
the conduct of election or elections in a ward or a group of
wards or for a Municipality or a group of Municipalities and
to perform such other functions as may be entrusted to him
by the Commission, in relation thereto.

(2) The Observer nominated under sub-section (1)


shall have the power to direct the Election Officer for the or
for any of the wards for which he has been nominated, to
stop the counting of votes at any time before the declaration
of the result, or not to declare the result, if in the opinion of
the observer, booth capturing has taken place at a large
number of polling stations or at counting centers or any
ballot papers used at a polling station are unlawfully taken
out of the custody of the Election Officer or are accidentally
284 [Act No. 6 of 1965]

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 cannot be ascertained.

(3) Where an Observer has directed the Election Officer


under this section to stop counting of votes or not to declare
the result, the Observer shall forthwith report the matter to
the Commission and thereupon the Commission shall, after
taking all material circumstances into account, issue
appropriate directions under section 343 W or section 343 X
in the matter of declaration of results.

(4) It shall be competent for the State Election


Commission to appoint an Election Expenditure Observer
for a group of wards or for a Municipality or group of
Municipalities so as to ensure that the provisions of Chapter
V are strictly adhered to and in that behalf the Commission
may issue such instructions as it deems fit, from time to
time, to such observers.

PART VII.
Procedure and Miscellaneous.
Licences and permissions.

General 344. (1) Every licence and permission granted under this
provisions Act or any rule or bye-law made under this Act shall specify
regarding licences
and permissions. 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—


[Act No. 6 of 1965] 285

(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 be 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
286 [Act No. 6 of 1965]

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 an 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
[Act No. 6 of 1965] 287

shall, in addition to any fine which may be imposed, recover


summarily and pay over to the council the 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 the council of the pre-payment


of the fee for a licence or permission or for registration shall
not entitle the person making such prepayment 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 of 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 other-wise 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
288 [Act No. 6 of 1965]

application subject to the conditions imposed by or under


this Act.

Appeals.

Appeals. 314
[345. (1) An appeal shall lie to the council from,-

(a) any notice issued or other action taken or


proposed to be taken by the $[chairman/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, sub-section (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.

314. Substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 289

(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.]

346. In any case in which no time is prescribed by the Limitation of time


foregoing provisions of this Act for the presentation of an for appeal.
appeal allowed thereunder, such appeal, subject to the
provisions of section 5 of the Limitation Act, 1963, shall be Central Act 36 of 1963.
presented,-

(a) where the appeal is against an order granting a


license 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 the
appeal is made.

Power to summon.

347. All persons authorized by rule to conduct enquiries Power of persons


relating to elections and all inspecting or superintending conducting
officers holding any enquiries into matters falling within the election and other
enquires.
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.
290 [Act No. 6 of 1965]

Summons to 348. 315[The $[chairman/chairperson], *[Commissioner]],


attend and give municipal health officer, municipal engineer or town
evidence or planning officer may summon any person to appear
produce 315
[before him] and to give evidence or produce documents
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.

Notices, etc.

Form of notices 349. All notices and permissions given, issued or granted,
and permission. as the case may be under the provisions of this Act shall be
in writing and in such form as may be prescribed.

Signature on 350. (1) Every licence, permission, notice, bill, Schedule,


documents.
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 [chairman/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 [chairman/chairperson] or
*[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.

Publication of 351. Every bye-law, order, notice or other document


bye-laws notices,
directed to be published under this Act shall be written in, or
orders, etc.
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

315. Substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 291

beat of drum that such copy has been so posted up and


that the original is open to inspection at the municipal office.

352. Whenever the council has set apart any place for any Notice of
purpose authorised by this Act or has prohibited the doing prohibition or
setting part of
of anything in any place, the *[Commissioner] shall forthwith places.
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.

353. (1) When any notice, or other document is required by Method of serving
this Act or by any rule, bye-law, regulation or order made documents.
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; of

(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.
292 [Act No. 6 of 1965]

(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.

Recovery by 354. If the occupier of any building or land makes on behalf


occupier of sum
of the owner thereof any payment for which under this Act
leviable from
owner. 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.

Obstruction of 355. (1) If the occupier of any building or land prevents the
owner by owner from carrying into effect in respect thereof any of the
occupier.
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.

Execution of work 356. If the owner of any building or land fails to execute any
by occupier in work which he is required to execute under the provisions of
default of owner.
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.
[Act No. 6 of 1965] 293

Powers of entry and inspection.


316 $
357. The [xxx] [chairman/chairperson] or Power of entry to
*[Commissioner] or any person authorised by 316[xxx] him in inspect, survey or
this behalf may enter into or on any building or land with or execute the work.
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;

(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,

316. Omitted by Act No.5 of 1971.


294 [Act No. 6 of 1965]

to the social and religious usages of he occupants of the


premises.
317 $
Power of entry on 358. (1) The [xxx] [chairman/chairperson] or
lands adjacent to 317
*[Commissioner] or any person authorised by [xxx] him in
works.
this behalf may, with or without assistants or workmen, enter
on any land adjoining or within 318[fifty metres] 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.
317 $
(2) The [xxx] [chairman/chairperson] or
317
*[Commissioner] or person authorised by [xxx] 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.
317 $
(3) The [xxx] [chairman/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 317[xxx] $[chairman/chairperson] or *[Commissioner]
shall pay compensation 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 317[xxx] the

317. Omitted by Act No.5 of 1971.


318. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 295

$
[chairman/chairperson] or *[Commissioner] he may appeal
to the council. 319[xxx].

Power to enforce licensing provisions, orders, etc.

359. If, under this Act or any rule, bye-law or regulation Consequences of
made under it, the licence or permission of the council, failure to obtain
320 $
[ [chairman/chairperson], *[Commissioner]] or other licences, etc., or
of breach of the
officer of the municipality or registration in the municipal same.
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 320[$[chairman/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 immoveable, 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.

360. (1) Whenever by any notice, requisition, or order under Time for
this Act, or under any rule, bye-law or regulation made complying with
under it, any person is required to execute any work or to order and power
to enforce in
take any measures or do anything, a reasonable time shall default.
be named in such notice, requisition or order within which
the work shall be executed, the measures taken, or the
thing, done.

319. Omitted by Act No.5 of 1971.


320. Substituted by Act No.5 of 1971.
296 [Act No. 6 of 1965]

(2) If such notice, requisition or order is not complied


with within the time so named, the
321 $
[ [chairman/chairperson], *[Commissioner]] or other
officer concerned may cause such work to be executed or
may take any measures or do anything which may, in his
opinion, 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.

Recovery of 361. (1) The *[Commissioner] may, subject to the


expenses from provisions of section 150, recover any reasonable expenses
persons liable and incurred under section 360 from the person or anyone of the
limitation of
liability of persons to whom the notice, requisition or order was
occupier. 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, up to 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.

321. Substituted by Act No.5 of 1971.


[Act No. 6 of 1965] 297

(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.

362. Instead of recovering any such expenses as aforesaid Power of


in the manner provided under section 364, the *[Commissioner]
to agree to
*[Commissioner] may, if he thinks fit, take an agreement
receive payment
from the person liable to the payment thereof, to pay the of expenses in
same in instalments of such amounts and at such intervals instalments.
as will secure the payment of the whole amount due, with
interest thereon, 322[at such rate as may be prescribed]
within a period of not more than five years.

Payment of compensation, etc., by and to the municipality.

363. In any case not otherwise expressly provided for in this Power of
Act, the *[Commissioner] may, with the approval of the municipality to
323 pay
[Council], pay compensation to any person who sustains
compensation.
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.

364. All costs, damages, penalties, compensation charges, Recovery of sums


fees, other than school fees, expenses, rents, contributions due as taxes.
and other sums which under this Act or any other law or
rules or bye-laws made there-under 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

322. Substituted by Act No.3 of 1994.


323. Substituted by Act No.5 of 1971.
298 [Act No. 6 of 1965]

for their recovery, be demanded by bill as provided in the


rules in Schedule II and recovered in the manner provided
therein.

Limitation for 365. (1) No distrait shall be made, no suit shall be instituted
recovery of dues. 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 distrait might
first have been made, or after the expiration of a period of
324
[nine years] from the date on which a suit might first have
been instituted, or after the expiration of a period of 324[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 325[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, at least 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 325[council] in regard to the recovery of
such arrears.
326
[(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.]

324. Substituted by Act No.3 of 1994.


325. Substituted by Act No.5 of 1971.
326. Substituted by Act No.10 of 1975.
[Act No. 6 of 1965] 299

366. Subject to the provisions of section 365, no person Persons


shall be tried for any offence against the provisions of this empowered to
Act, or of any rule or bye-law made under it, unless prosecute.
complaint is made by the *[Commissioner] or by a person
expressly authorized in this behalf 327[by the Commissioner]
within three months of the commission of the offence. But
nothing therein shall affect the provisions of 327[the Code of Central Act 2 of 1974.
Criminal Procedure, 1973] in regard to the powers of certain
magistrates to take cognizance 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.

367. (1) In case any fine or costs imposed or assessed by a Imprisonment in


magistrate under this Act or under any rule or bye-law made default of
under it, shall not be paid, the magistrate may order the payment and
application of
offender to be imprisoned in default of payment subject to costs, etc.
all the restrictions, limitations and conditions imposed in
sections 64 to 70 (both inclusive) of the Indian Penal Code. Central Act 45 of 1860.

(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 328[Code of Criminal Procedure, 1898], Central Act V of 1898.
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.

327. Substituted by Act No.45 of 1976.


328. See now the Code of Criminal Procedure, 1973.
300 [Act No. 6 of 1965]

Payment of 368. If, on account of any act or omission, any person has
compensation for been convicted of an offence against the provisions of this
damage to
Act or against any rule or bye-law made under it and by
municipal
property. 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 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 if it were a fine inflicted by him on the person liable
therefor.

LEGAL PROCEEDINGS.

Institution of suits 369. (1) No suit for damages or compensation shall be


against municipal instituted against the council, any municipal authority, officer
authorities,
officers and
or servant, or any person acting under the direction of such
servants. council, municipal authority, officer or servant, in respect of
any act done in pursuance or 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.
[Act No. 6 of 1965] 301

(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


$
[chairman/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.

370. The Commissioner may, 329[xxx] Provisions


respecting
(a) take, or withdraw from, proceedings against any institutions etc., of
civil and criminal
who commits,- actions and
obtaining of legal
(i) any offence against this Act, the rules, bye-laws or advice.
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 ruIes,


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;

329. Omitted by Act No.3 of 1994.


302 [Act No. 6 of 1965]

(d) withdraw or compromise any claim against any


person in respect of a penalty payable under a contract
entered 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:
330
[xxx]

(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 331[municipal
authority, officer or employee];

(h) obtain such, legal advice and assistance 331[as he


may], from time to time, think it necessary or expedient to
obtain, or 331[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.

Power of election 371. The election authority may defend himself if sued or
authority to joined as party in any proceeding relating to the preparation
defend himself if
sued. or publication of electoral rolls to the conduct of elections,
as the case may be, and the expenses incurred by the

330. Proviso to clause (e) in section 370 omitted by Act No.3 of 1994.
331. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 303

election authority in so doing shall be payable from the


municipal fund.

372. Notwithstanding anything in the Code of Civil Injunctions not to


Procedure, 1908 or in any other law for the time being in be granted in
election
force, no court shall grant any temporary injunction or make proceedings.
any interim order restraining any proceeding which is being
or about to be taken under this Act, for the preparation or Central Act 5 of 1908.

publication electoral rolls or for the conduct of any elections.

373. No suit shall be maintainable against the Government, Indemnity to the


the district collector, the revenue divisional officer or any Government
$ Collector, revenue
[chairman/chairperson], municipal authority, officer or
divisional officer,
employee or any person acting under the direction of any municipal
$
[chairman/chairperson], municipal authority, officer or authorities,
employee, or of a magistrate, in respect of anything done in officers and
good faith under this Act or any rule, bye-law, regulation or agents.
order made under it.

374. (1) The $[chairman/chairperson], 332[every #[Member], Liability for loss,


the Commissioner, the Municipal Health Officer, the waste or
misapplication.
Municipal Engineer, the Education Officer, 333[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.

332. Substituted by Act No.5 of 1971.


333. Substituted by Act No.10 of 1975.
304 [Act No. 6 of 1965]

Sanction for 375. When the $[chairman/chairperson], 334[xxx] any


prosecution of #
[Member], the *[Commissioner] or municipal health officer
chairman,
# or any other officer is accused of any offence alleged to
[Member],
334
[xxx] have been committed by him while acting or purporting to
*[Commissioner] act in the discharge of his official duly, no court shall take
or municipal cognizance of such offence except with the previous
health officer or sanction of the Government.
any other officer.
Assessment etc., 376. (1) No assessment or demand made, and no charge
not to be imposed under the authority of this Act shall be questioned
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 distrait 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

334. Omitted by Act No.5 of 1971.


[Act No. 6 of 1965] 305

demand, warrant of distrait, 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.
335
[(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.]

377. Notwithstanding anything in the Code of Civil Injunctions not to


Procedure, 1908 or in any other law for the time being in be granted in
respect of revision
force, no court shall grant any interim or temporary or amendment of
injunction or make any interim orders restraining any assessment book.
proceeding which is being or about to be taken under rule 8
Central Act 5 of 1908.
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

378. (1) It shall be the duty of every police officer,- Duties of police
officers.
(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 $[chairman/chairperson], the


*[Commissioner] or any municipal officer or employee
reasonably demanding his aid for the lawful exercise of any
power vesting in the $[chairman/chairperson] or the

335. Inserted by Act No.3 of 1994.


306 [Act No. 6 of 1965]

*[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.

Power of police 379. (1) If any police officer sees any person committing an
officers to arrest offence against any of the provisions of this Act or of any
persons.
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.

Exercise of 380. The Government may empower any municipal officer


powers of police or employee or any class of municipal officers or employees
officer by
to exercise the powers of a police officer for the purposes of
municipal officers
or employees. this Act and of the 336Telangana Towns Nuisances Act, 1889.

336. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.


[Act No. 6 of 1965] 307

MISCELLANEOUS.

381. Every municipal officer or employee, every contractor Application of


term of public
or agent for the collection of any municipal tax, fee or other
servant, to
sum due to the council and every person employed by any municipal officers,
such contractor or agent for the collection of such tax, fee or agents and sub-
sum shall be deemed to be a public servant within the agents.
meaning of section 21 of the Indian Penal Code. Central Act 45 of 1860.

382. No person shall obstruct or molest the council, 337[xxx] Prohibition


$ # against
the [chairman/chairperson], any [Member], the
*[Commissioner] or any other municipal officer or employee obstruction of
municipal
or any person employed by the council or any person with authorities,
whom a contractor has been entered into on behalf of the employees and
council, in the performance of their duty or of anything contractors.
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.

383. No person shall remove any mark set up for the Prohibition
purpose of indicating any level or direction incidental to the against removal
mark.
execution of any work authorized by this Act or by any bye-
law, rule or order made under it.

384. No person shall, without authority in that behalf; Prohibition


remove, destroy, deface or otherwise obliterate, any notice against removal of
obliteration of
exhibited by, or under the orders of the council or the
notice.
*[Commissioner] or other officer authorised by him in this
behalf.
Prohibition
385. No person shall, without authority in that behalf,
against
remove earth, sand or other material or deposit any matter unauthorised
or make any encroachment from, in, or on, any land vested dealings with
in the council, or river, estuary, canal, back-water or water public place or
materials.

337. Omitted by Act No.5 of 1971.


308 [Act No. 6 of 1965]

course, not being private property or in any way obstruct the


same materials.

Oath of allegiance 386. (1) 338[Every person who is elected to be a #[Member]]


to be taken by shall, before taking his seal, make at a meeting of the
#
[Members].
council an oath or affirmation of his allegiance to the
Constitution of India in the following form, namely:—

―I,........................ having become a #[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 #[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 #[Member] shall take his seat at a meeting


of the council or do any act as such council or, 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,

338. Substituted by Act No.33 of 1986.


[Act No. 6 of 1965] 309

notwithstanding anything in the foregoing sub-sections,


continue to hold his office.

387. (1) The Government may, by notification in the Delegation of


339
Telangana Gazette, delegate to any person or authority all powers by the
or any of the powers vested in them by this Act except the Government
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.
340
[387-A. The Government may from time to time give such Power to give
directions not inconsistent with the provisions of the Act or directions.
the rules made thereunder to the municipalities as it may
consider necessary for carrying out the purposes of this
Act.]

388. (1) When a dispute exists between a council and one Adjudication of
or more than one local authority in regard to any matters disputes between
arising under the provisions of this Act or any other local authorities.
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.

339. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
340. Inserted by Act No.20 of 1989.
310 [Act No. 6 of 1965]

(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.

Act to be read 389. In regard to the first constitution of a council for any
subject to local area under section 3, or to the first reconstitution in
Schedule IX in
regard to first accordance with the provisions of this Act, of a council in
reconstitution of existence at the commencement thereof, and otherwise in
councils, etc. first giving effect to the provisions of this Act, this Act shall
be read subject to the rules in Schedule IX.
341
Notified Areas. [389-A. (1)(a) The Government may by notification in the
342
Telangana 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

341. Section 389-A inserted by Act No.1 of 1969.


342. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 311

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


343
Telangana Gazette,—

(a) apply or adapt 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

343. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
312 [Act No. 6 of 1965]

(iv) generally enforcing the provisions of this Act or


any rule or bye-law applied or adapted 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 $[chairman/


chairperson] and vice-chairman 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
[Act No. 6 of 1965] 313

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 adapted 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.]
344
[389-B. Notwithstanding anything contained in this Act, or Power to transfer
in any other law for the time being in force relating to the functions of
Municipalities or the notified area committees, the Municipalities to
345
Telangana
Government may, in consultation with any Municipality or Industrial
the notified area Committee, as the case may be, and also Infrastructure
the 345Telangana Industrial Infrastructure Corporation, by Corporation.
notification in the 345Telangana 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

344. Substituted by Act No.3 of 1994.


345. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
314 [Act No. 6 of 1965]

transferred to and exercised and performed by the


346
Telangana Industrial Infrastructure Corporation.]

Disclosure of 347
[389-C. (1) The Municipality shall maintain and publish all
information.
its records duly categorized and indexed in a manner and
form which facilitates the disclosure of information at
quarterly, half yearly and yearly intervals to the public in
such manner as may be prescribed.

(2) The manner of disclosure of information to general


public and other stakeholders shall be:-

(i) by publishing important information through


newspapers;

(ii) through internet;

(iii) by placing the information on the notice board of


the municipality;

(iv) by placing the information on the notice boards of


ward offices;

(v) through printed material; and

(vi) any other mode as may be prescribed.

(3) The following information shall be disclosed by the


Municipality, namely:-

(i) basic particulars of the Municipality;

(ii) statement showing the composition of the


Municipality;

346. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
347. Added by Act No.7 of 2008.
[Act No. 6 of 1965] 315

(iii) mode of accessibility of the minutes of the


meeting of the Council;

(iv) directory containing the designations of officers


and employees;

(v) particulars of officers who are competent to grant


concessions, permissions, permits and authorizations for
each branch of activity relating to Municipality;

(vi) particulars of officers responsible for delivery of


various services and their contact phone numbers;

(vii) financial statements of balance sheet, income


and expenditure and cash flow on a quarterly basis within
two months of the end of each quarter;

(viii) statutorily audited financial statements of the


financial year within six months of the end of the financial
year;

(ix) service levels being provided for each of the


services, namely, water supply, drainage, sewerage, solid
waste management, roads, parks and play grounds, street
lights by the municipality;

(x) particulars of all plans, proposed expenditure,


actual expenditures on major services provided or activities
performed;

(xi) details of subsidy programmes and the manner


and criteria of identification of beneficiaries for such
programmes;

(xii) list of beneficiaries of all welfare and subsidy


programmes;
316 [Act No. 6 of 1965]

(xiii) particulars of Master Plan, Development Plan or


any other plan concerning the development of municipal
area;

(xiv) particulars of major works together with


information on the value of works, time of completion and
details of contracts;

(xv) details of municipal funds:-

(a) income generated in the previous year from


taxes and non-taxes, i.e., water charges, rents from
municipal buildings, fees from markets and slaughter
houses, fees from various categories of licences, building
permit fee, betterment charges, other town planning
receipts, encroachment fee, parking fee and other
miscellaneous items;

(b) taxes and non-taxes remained uncollected


during the previous year and the reasons therefor;

(c) list of defaulters who have arrears of property tax


exceeding one lakh rupees per annum;

(d) assigned revenues transferred from State


Government, i.e., entertainment tax, surcharge on stamp
duty and profession tax during the previous year;

(e) plan and non-plan grants released by


Government during the previous year;

(f) grants released by Government for


implementation of schemes, projects and programmes,
assigned or entrusted to Municipality, the nature and extent
of utilization during the previous year;
[Act No. 6 of 1965] 317

(g) money raised through donations or


contributions from the public during the previous year;

(xvi) annual budget;

(xvii) budget allocations made during the year for the


welfare of Scheduled Castes, Scheduled Tribes, Women
and Children together with the extent of utilization in the
previous year;

(xviii) budget allocation made during the year for the


slum areas together with the extent of utilization in the
previous year;

(xix) such other information, as may be prescribed.]

390. After section 60 of the 348Telangana Mining Settlements Amendment of


Act, 1956, the following section shall be inserted, namely:— 348Telangana
Mining
Settlements Act,
60-A. Extension of provisions of law relating to 1956.
municipalities or of rules thereunder,-
Act XLIV of 1956.

(1) The Government may, at the request of that Board


or otherwise by notification declare that any of the
provisions of the 349Telangana 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.

348. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2015.


349. Adapted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
318 [Act No. 6 of 1965]

(3) Without prejudice to the generality of the foregoing


provision, all references to a council, 350[xxx] or
$
[chairman/chairperson] thereof shall be construed as
references to Board, or $[chairman/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.

Repeal of Andhra 391. (1) The Andhra Pradesh (Andhra Area) District
Pradesh (Andhra Municipalities Act, 1920 is hereby repealed.
Area) District
Municipalities Act,
1929 and Andhra (2) On and from the commencement of this Act, except
Pradesh Chapter XIV, the other provisions of the Andhra Pradesh
(Telangana Area) (Telangana Area) District Municipalities Act, 1956 are hereby
District repealed.
Municipalities Act,
1956.
(3) The provisions of the Government Buildings Act,
Act V of 1920.
1899, shall cease to apply to buildings within the limits of
Act XVIII of 1956.
municipalities constituted or deemed to be constituted
Central Act IV of 1898. under this Act.

(4) The provisions of sections 89, 90 and 94 of the


Act 3 of 1939. Andhra Pradesh (Andhra Area) Public Health Act, 1939,
shall apply to municipalities.

350. Omitted by Act No.5 of 1971.


[Act No. 6 of 1965] 319

SCHEDULE 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 at least 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
$
[chairman/chairperson]:

Provided that no meeting 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
351
Telangana Gazette, to be a public holiday.

2. (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 $[chairman/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
$
[chairman/chairperson]. The *[Commissioner] may include

351. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
320 [Act No. 6 of 1965]

in the agenda any subject which in his opinion should be


considered by the council and shall include therein any
subject specified by the $[chairman/chairperson]. On any
subject included in the agenda the $[chairman/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 $[chairman/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
$
[chairman/chairperson], *[Commissioner], manager or any
other person who may then be in charge of the office, at
least ten clear day before the day of the meeting.

(2) Where the $[chairman/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 councillors.

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 the minute book kept under rule
9, direct that the public generally, any particular person,
shall withdraw.
[Act No. 6 of 1965] 321

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 at least six #[Members] and if the number
of #[Members] then 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] then 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
322 [Act No. 6 of 1965]

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
$
[chairman/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].

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]
Central Act 1 of 1872. as provided in section 76 of the Indian Evidence Act, 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 proceeding of that body.

12. & 13. 352[xxx]

352. Rules 12 & 13 of Schedule – I omitted by Act No.5 of 1971.


[Act No. 6 of 1965] 323

SCHEDULE 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

2. (1) The *[Commissioner] shall prepare and keep


assessment book 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 authorized 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:
324 [Act No. 6 of 1965]

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.
353
[4. [xxx]]

5. (1) The *[Commissioner] shall give to every person


making payment of a tax a receipt therefor signed by him or
by some person duly authorised by him in that behalf.

(2) Such receipt shaIl 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

353. Rule 4 of Schedule-II omitted by Act No.3 of 1994.


[Act No. 6 of 1965] 325

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 354Telangana 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.

354. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
326 [Act No. 6 of 1965]

(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 355[half
year] in which it is made:

Provided that, when the amendment is made in any


355
[half year] after the demand notice for that 355[half year]
has been issued, it shall have effect only from the
succeeding 355[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.

355. Substituted by Act No.7 of 1970.


[Act No. 6 of 1965] 327

(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 of 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
328 [Act No. 6 of 1965]

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 the 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 thereof 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 shaIl be calculated from the date
of service of such special notice.

(2) Before the public notice under sub-rule (1) is given,


it shall of 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.
[Act No. 6 of 1965] 329

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 356[half year], move the
*[Commissioner] by revision petition to reduce the tax to
which he is liable for the forth coming 356[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 rule 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 books to be corrected.

356. Substituted by Act No.7 of 1970.


330 [Act No. 6 of 1965]

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 357[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 to that
rule, on the first day of the 357[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 357[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.
358
[Assessment of Profession tax

Rules 17-20. [XXX]]

357. Substituted by Act No.7 of 1970.


358. Assessment of profession tax and rules 17 to 20 omitted by Act
No.22 of 1987.
[Act No. 6 of 1965] 331

Maximum rates of tax on carriages and carts and of tax on


animals.

(Sections 103 & 113)

21. (1) The tax on carriages and carts and the tax on
animals shall be levied at rates not exceeding the following:-

Tax on carriages and carts


(1) (2)
Rs.P.
(1) For every four-wheeled vehicle with springs, or 30.00
other appliances acting as springs constructed
to be drawn by one or more animals. (1)
(2) For every two-wheeled vehicle with springs or 10.00
other appliances acting as springs constructed
to be drawn by one or more animals.
(3) For every cycle-rickshaw. 20.00
(4) For every bicycle or tricycle. 4.00
(5) For every other vehicle with springs or other 6.00
applicances acting as springs not being a
child‘s perambulator or gocart.

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
332 [Act No. 6 of 1965]

class in the Table given in sub-rule (1), the said person, in


case 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
359
[(c) [XXX]]

(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 $[chairman/chairperson] of
the municipality concerned.

359. Clause (c) of rule 22(1) omitted by Act No.22 of 1987.


[Act No. 6 of 1965] 333

23. The council may, of its own motion or otherwise,


cancel or modify any order passed by the *[Commissioner]
reducing or remitting a tax, after giving an opportunity of
making a representation to the person affected.

24. An appeal shall be made in writing and shall set forth


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 360[in section 109], or

(ii) within fifteen days from the date on which the tax
becomes payable under section 91 or section 103 or
section 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.

360. Substituted by Act No.22 of 1987.


334 [Act No. 6 of 1965]

26. The assessment books maintained under sub-rule (1)


of rule 2 shall be corrected in accordance with any orders
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 361[section 91A and
rule 23] shall, during any period in respect of which the
Government may, by notification in the 362Telangana 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 361[section 90A and
rules 23 and 27] shall have effect as if for the word ‗council‘
wherever it occurs in these rules, the words ‗special officer
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.

361. Substituted by Act No.3 of 1994.


362. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 335

(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 363[XXX] 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:
364
[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 363[XXX], 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;

363. Omitted by Act No.22 of 1987.


364. Proviso to sub-rule (1) of rule 29 added by Act No.34 of 1996.
336 [Act No. 6 of 1965]

365
[(c) an intimation about the charging of a simple
interest at the rate of 2% per mensum in case of failure to
pay property tax within fifteen 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 366[year or
half-year] in which the tax became due or in the succeeding
366
[year or half-year], the tax for the 366[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 367[section 91A], the notice, bill or direction,
as the case may he, may be given either in the 366[half-year]
in which the amendment was made or in the succeeding
366
[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 368[in 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

365. Clause (c) of sub-rule (2) of rule 29 added by Act No.34 of 1996.
366. Substituted by Act No.7 of 1970.
367. Substituted by Act No.3 of 1994.
368. Substituted by Act No.22 of 1987.
[Act No. 6 of 1965] 337

connection with the detention and sale of the property so


distrained 369[and interest due on account of delay in the
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 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.

369. Added by Act No.34 of 1996.


338 [Act No. 6 of 1965]

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 a 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) Where the amount due by the defaulter 370[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

370. Added by Act No.34 of 1996.


[Act No. 6 of 1965] 339

sale to the payment of the amount due 371[on account of the


tax including simple interest, if any] 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 371[on account of the tax including simple
interest, if any] 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 liable 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
distraint.

371. Added by Act No.34 of 1996.


340 [Act No. 6 of 1965]

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


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 that 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.
372
[Explanation:- For the purpose of this rule, rule 36
and rule 37, the word ‗tax‘ includes the simple interest, if
any.]

36. 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

372. Added by Act No.34 of 1996.


[Act No. 6 of 1965] 341

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 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
342 [Act No. 6 of 1965]

discretionary by law or rules, and in general every thing


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 thereto
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 authorized 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 provision,


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:-
[Act No. 6 of 1965] 343

(a) the construction and maintenance of hospitals and


dispensaries and temporary places of reception within the
municipality or outside the municipality for the treatment of
infectious diseases occurring 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 houses 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, square‘s and
gardens; the reclamation of unhealthy localities and other
sanitary measures of a like nature;

(d) the cleansing and watering of streets and drains;


scavenging; the removal of excessive or noxious vegetation;
the abatement of all nuisances;
344 [Act No. 6 of 1965]

(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
buildings 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;


[Act No. 6 of 1965] 345

(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 construction,


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 diseases 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;

(I) the provision and maintenance of public clocks and


clock-towers or a time gun;
346 [Act No. 6 of 1965]

(m) the organization 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 $[chairman/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 vehicle for the
municipal officers and employees; study leave allowances
of 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.
[Act No. 6 of 1965] 347

Obligatory expenditure.

44. The counciI,-

(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 gratuties of
the municipal officer 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;
348 [Act No. 6 of 1965]

(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 the 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 *[Commissioners] of municipalities as may be fixed
by the Government;

Explanation:- The cost of training *[Commissioners]


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 of any other authority employed and
[Act No. 6 of 1965] 349

other incidental expenses incurred in connection with such


training;

(p) payment of travelling allowance of a person


appointed as *[Commissioner] in respect of his journey to
join the appointment;

(q) payment of such contribution as may be fixed by


the Government towards the 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.

(2) 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.
350 [Act No. 6 of 1965]

The council shall provide and maintain more than one


such hospital or dispensary if the Government so direct:

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 of 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 the
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 maintained 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 a sufficient number of cots, bedding,
clothing, furniture and diet for such in-patients.
[Act No. 6 of 1965] 351

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,
352 [Act No. 6 of 1965]

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 fee income thus foregone shall not exceed
ten per cent of the total fees realizable from all pupils of the
school at the rates determined by the Government.
[Act No. 6 of 1965] 353

(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;
354 [Act No. 6 of 1965]

(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 $[chairman/chairperson],


members of the council and municipal officers and
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 counciI may, with the sanction of the


Government, invest any sums not required for immediate
use either in a 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 *[Commissioner] 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 payout of the
municipal fund without such order or cheque any expense
which the Government have incurred on behalf of the
council.
[Act No. 6 of 1965] 355

Audit surcharge and disallowance.

58. The *[Commissioner] shall submit all accounts to


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 in propriety 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
356 [Act No. 6 of 1965]

(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 *[Commissioner] shall forthwith remedy any defects


or irregularities that may be pointed out by the auditors and
report the same to the council.
373
[62 to 65. [xxx]]

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).

Whereas…................... of ………….......... has not paid


or shown sufficient cause for the non-payment of the sum of
Rs……….p………… due for 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, any goods and
chattels found on the premises referred to) to the amount of

373. Rules 62 to 65 omitted by Act No.3 of 1978.


[Act No. 6 of 1965] 357

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
seIling 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 selI 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 of the goods and chattels of the said……………….
you are to certify the same to me together with this warrant.

Station: (Signature of the [Commissioner]

Date. 19 .

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 taxes mentioned
in the margin for the ending 19 , and that unless you pay
into the office of the muuicipality of the amount due together
with the warrant fee, the distraint fee and cost of keeping the
358 [Act No. 6 of 1965]

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 *[Commissioner] 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: (Signature of the officer executing


the warrant of distress.

Date. 19 .

APPENDIX C.
TABLE OF FEES PAYABLE ON DISTRAINTS.

[Rule 33 (1)

Sum distrained for Fees


Rs. P.
Under 1 rupee .. .. .. 0.25
1 rupee and over but under 5 rupees .. .. 0.50
5 Do. 10 ,, .. .. 1.00
10 Do. 15 ,, .. .. 1.50
15 Do. 20 ,, .. .. 2.00
20 Do. 25 ,, .. .. 2.50
25 Do. 30 ,, .. .. 3.00
30 Do. 35 ,, .. .. 3.50
35 Do. 40 ,, .. .. 4.00
40 Do. 45 ,, .. .. 4.50
45 Do. 50 ,, .. .. 5.00
50 Do. 60 ,, .. .. 6.00
60 Do. 80 ,, .. .. 7.50
80 Do. 100 ,, .. .. 9.00
100 Do. .. .. .. 10.00
[Act No. 6 of 1965] 359

The above charge includes all expenses, except when


peons are kept in charge of property distrained, in which
case twenty-five paise must be paid daily for each peon.
374
[SCHEDULE III [XXX]]

374. Schedule III omitted by Act No.37 of 2008.


360 [Act No. 6 of 1965]

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 student‘s hostel under public or
recognised control);
[Act No. 6 of 1965] 361

(k) keeping a shaving or hair-dressing saloon;

(I) keeping together twenty or more sheep or goats or


ten or more pigs or herd of cattle;

(m) preparing flour or articles made of flour for human


consumption or sweetmeats;

(n) Manufacturing ice or aerated waters;


375
[(ni) manufacturing/selling or exhibiting for sale of
packaged drinking water/mineral water in any form for
drinking purpose where water is used as raw material for
manufacturing, whole sellers and retailers, or making
saleable commodity and such other edibles and signified
dealings for profit exclusively in water;]

(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 cottage industry by tappers or persons in
enjoyment of the trees carried on in their own premises;

(r) selling or storing far 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 the provisions of

375. Added by Act No.36 of 2007.


362 [Act No. 6 of 1965]

Central Act 30 of 1934. the Petroleum Act, 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


unwhole some smells arise;

(u) using for any industrial purpose any fuel or


machinery other than such machinery as may, by
notification in the 376Telangana 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, firewoods, thatching materials, hay, grass,
straw, fibre, 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 377the Andhra
Pradesh (Andhra Area) Public Health Act, 1939 if the keeper
thereof has been registered under that Act.

376. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
377. Andhra Area Act.
[Act No. 6 of 1965] 363

SCHEDULE V.
LIST OF INFECTIOUS DISEASES.

(Section 309).

Acute influenza pneumonia.


Anthrax.
Chicken pox.
Cholera.
Diphtheria.
Enteric fever.
Glanders.
Leprosy.
Plague.
Smallpox.
Tuberculosis.
Typhoid-fever.
Influenza.
Relapsing-fever.
Rabies.
Cerebro-spinal fever.
Measles.
Scarlet-fever.
Typhus.
Yaws.
Poliomelitis.
364 [Act No. 6 of 1965]

SCHEDULE VI.
ORDINARY PENALTIES.

(Section 336)

Section Sub- Subject Fine which Whether


or rule. section may be compoundable
or imposed by council or
clause. with the
permission of
the court.
(1) (2) (3) (4) (5)
52 (1) Councillor having Five
pecuniary interest hundred
voting or taking part rupees.
in discussion in the
council relating to
that matter.
94 (1) Failure to send Fifty Compoundable.
notice to rupees
*[Commissioner]
after completion of
construction or
reconstruction of
building.
95 (1) Failure of owner or Fifty Do.
occupier to furnish rupees.
return of rent, etc.
101 .. Failure of owner or One Do.
occupier to obey hundred
requisition to furnish rupees.
list of persons
carrying on
profession, art, etc.
[Act No. 6 of 1965] 365

(1) (2) (3) (4) (5)


102 .. Failure of employer Ten Do.
or head of an officer, rupees.
firm or company to
obey requisition to
furnish list of
persons in his
employment.
105 (1) Failure of owner to Five Do.
register cart or other rupees.
vehicle.
(2) Failure to have or Do. Do.
keep registration
number affixed to
cart.
109 (2) Failure of occupier to Ten Do.
obey requisition to rupees.
furnish statement of
vehicles and animals
liable to taxation or
furnishing incorrect
statement.
111 .. Failure to obey Five Do.
order to affix and rupees.
register number of
carriage.
136 .. Tresspassing on Fifty Do.
premises connected rupees.
with the water
supply.
139 .. Failure to maintain Do. Do.
connections in
conformity with bye-
laws and
regulations.
366 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


140 (2) Failure to obey Do. Do.
requisition to make
connection.
149 .. Failure to maintain Fifty Compoundable
house-drains, etc., rupees. with permission
in confirmity with of the court
bye-laws and before which any
regulations. prosecution for
such an offence
is pending.
150 (2) Failure to obey Do. Do.
and requisition as to
(3) house drainage.
151 (1) (b) Failure to obey Do. Do.
direction as to
limited use of drain
or notice requiring
construction of
distrinct drain.
153 .. Unlawful One Do.
construction of hundred
building over public rupees.
drain.
154 .. Failure to obey Fifty Do.
requisition regarding rupees.
culverts, etc., or to
keep them free from
obstruction.
155 .. Failure to obey a Do. Compoundable.
requisition to
maintain troughs
and pipes for
catching etc., water
from roof or other
part of building.
[Act No. 6 of 1965] 367

(1) (2) (3) (4) (5)


157 .. Failure to obey Fifty Compoundable
requisition to rupees. with the
provide latrine or to permission of
remove latrine to the court.
another site and
failure to keep
latrines clean and in
proper order.
158 .. Failure to provide One Do.
latrines for premises hundred
used by large rupees.
numbers of people
or to keep them
clean and in proper
order.
159 .. Failure to obey Do. Do.
requisition to
provide latrines for
market, cattle-stand
or cart-stand or to
keep them clean
and in proper order.
160 .. Failure to construct, Twenty Do.
latrines, so as to rupees.
screen persons
using them from
view.
162 .. Making connection Two Do.
with mains without hundred
permission. rupees.
166 .. Improper disposal of Ten Compoundable.
carcases, rubbish rupees.
and filth.
368 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


167 .. Allowing night soil, Twenty Do.
putrid and putrifying rupees.
substances or any
offensive matter to
accumulate on
premises for more than
forty-eight hours etc.
168 .. Allowing to filth to flow Ten Do.
into streets. rupees.
169 .. Using cart-without Ten Compoundable.
cover in removal of filth rupees.
etc.
170 .. Throwing rubbish or Do. Do.
filth into drains.
176 .. Building in violation of One Compoundable
building line or street thousand with permission
alignment. rupees. of the Court.
177 (1) Failure to obey orders Five Do.
to set back building or hundred
part thereof. rupees.
182 .. Unlawful displacement, Fifty Do.
etc., of pavement or rupees.
fences, posts and
other materials of
public street.
184 .. Failure to provide One
roads etc., on building thousand
sites prior to disposal. rupees.
185 (5) Unlawful making or Do. Do.
laying of new private
street.
187 .. Failure to obey Five Do.
requisition to metal, hundred
etc., private street. rupees.
[Act No. 6 of 1965] 369

(1) (2) (3) (4) (5)


189 .. Building wall or One Compoundable.
erecting fence, hundred
etc., in a public rupees.
street.
190 .. obstructing a Do. Do.
person in the use
of a public street.
191 .. Allowing doors, Twenty Compoundable
ground-floor rupees. with permission
windows, etc., to of the court.
open outwards
without licence or
contrary to notice.
192 .. Failure to remove Two Compoundable.
permanent hundred
encrochment. rupees.
193 .. Failure to remove Fifty Do.
temporary rupees.
encrochment.
196 .. Unlawful removal Twenty Do.
of bar, or storing rupees.
timber etc., or
removal or
extinction of light.
197 .. Unlawful making Fifty Do.
of hole or placing rupees.
of obstruction in
street.
198 .. Construction of Fifty Do.
building without rupees.
licence.
370 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


198 .. Failure to fence, Do. Compoundable
etc., such building with permission
while under repair of the court.
or failure to
remove
obstruction.
199 .. Failure to remove Do. Do.
obstruction
caused in street
by fall of trees,
etc., within 12
hours of fall.
200 (3) Unlawful Twenty Do.
destruction or rupees.
alteration etc., of
name of street.
201 (2) Unlawful Five Compoundable.
destruction or rupees.
alteration etc., of
numbers on
buildings.
201 (3) Failure to replace Do. Do.
number when
required to do so.
205 (5) Constructing or Two Compoundable
reconstructing hundred with permission
building contrary rupees. of the court.
to declaration
issued by council.
206 (1) Failure to obey One Do.
requisition to hundred
round or splay off rupees.
buildings at
corners of streets.
[Act No. 6 of 1965] 371

(1) (2) (3) (4) (5)


207 .. Construction of Twenty- Compoundable.
external roofs etc., five
with inflammable rupees.
materials.
208 .. Construction of Twenty Compoundable
door or window rupees. with permission
etc., to open of the Court.
outwards on
public street.
226 .. Failure to keep Do. Compoundable.
external walls of
premises in proper
repair.
231 (1) Failure to obey Five Compoundable
requisition to take hundred with permission
down, repair, or rupees. of the Court.
secure dangerous
structure.
232 (1) Failure to obey Fifty Compoundable.
requisition to rupees.
secure, lop or cut
down dangerous
trees.
233 .. Failure to obey Do. Compoundable
requisition to with the
repair etc., tank or permission of
other place the court.
dangerous to
passers by or
persons living in
neighbourhood.
234 .. Failure to obey One Compoundable
requisition to stop hundred with the
dangerous rupees. permission of
quarrying. the court.
372 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


235 .. Failure to obey Do. Do.
notice regarding
precautions against
fire.
236 (1) Constructing well, Fifty Compoundable.
etc., without rupees.
permission.
236 (3) Failure to obey Do. Do.
notice to fill up or
demolish well, etc.
237 .. Failure to obey Do. Do.
requisition to fill up
etc., tank or well, or
drain off water etc.
238 .. Cultivating contrary Two Compoundable
to prohibition or hundred with permission
regulations. rupees. of the court.
239 .. Failure to obey Fifty Do.
requisition to rupees.
cleanse or close,
etc, tank, well, or
other source of
water used for
drinking.
241 .. Obstructing a One Do.
person in the use hundred
and enjoyment of a rupees.
public well, tank or
reservoir.
242 .. Unlawful washing Fifty Do.
and fishing in river rupees.
etc., after prohibition
or contrary to
regulations.
[Act No. 6 of 1965] 373

(1) (2) (3) (4) (5)


244 .. Washing of clothes Ten rupees. Compoundable.
by washermen at
unauthorised
places.
245 .. Defiling water of Fifty rupees. Do.
tanks, etc.
246 .. Failure to obey Do. Do.
requisition to
enclose, clear or
cleanse untenanted
premises.
247 .. Failure to obey Do. Compoundable
requisition to clear with permission
or cleanse, etc., of the court.
building or land in
filthy state or
overgrown with
noxious vegetation.
248 .. Failure to obey Do. Do.
requisition to fence
building or land or
prune or cut
hedges and trees
or lower an
enclosing wall.
249 .. Failure to obey Do. Do.
requisition to lime
wash or otherwise
cleanse building.
250 .. Failure to obey One hundred Do.
requisition to rupees in the
execute work or case of
take other action building and
with respect to fifty rupees in
insanitary building. the case of
hut.
374 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


251 (2) Using or allowing Twenty Compoundable
the use of building, rupees. with permission
unfit for human of the court.
habitation after
prohibition.
251 (4) Failure to obey Do. Do.
requisition to
demolish the same.
252 (1) Allowing Ten Do.
ovecrowding in rupees
building after order for each
to abate the same. day.
252 (4) Failure to obey Do. Do.
requisition to vacate
overcrowded
building or room.
253 .. Feeding animals on Fifty Do.
filth. rupees.
254 .. Unlawful keeping of Ten Do.
animal so as to be a rupees.
nuisance or
dangerous.
260 .. Use of place as Fifty Compoundable.
stable cattle-stand rupees.
etc., without licence
or contrary to
licence.
261 .. Construction or Do. Do.
maintenance of
stable cattle-shed,
etc., contrary to Act,
or subsidiary
legislation.
[Act No. 6 of 1965] 375

(1) (2) (3) (4) (5)


262 .. Use of place as Two Do.
stable, cattle-shed, hundred
etc., contrary to rupees.
notice issued by
*[Commissioner].
263 (1) Using a place for One Do.
any of the purposes hundred
specified in rupees.
Schedule IV without
licence or contrary
to licence.
264 .. Unlawful erection of Five Do.
factory, workshop, thousand
etc. rupees.
265 .. Using steam Ten Do.
whistles, etc., rupees
without or in for each
contravention of the day.
permission of
council.
266 .. Disobedience of One Compoundable
orders regarding hundred with permission
abatement of rupees. of the court.
nuisance.
272 .. Use of place as Two Compoundable.
slaughter house hundred
without licence or rupees.
contrary to licence.
273 .. Slaughter of animals Twenty Compoundable
for sale or food or rupees with the
skinning or cutting for every permission of
up carcases or animal, the court.
drying skin so as to carcass
cause a nuisance. or skin.
376 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


275 .. Carrying on milk Fifty Compoundable.
trade without rupees.
licence or contrary
to licence.
276 .. Obstructing a One Do.
person in the use hundred
of a public market. rupees.
278 .. Sale or exposure Twenty Do.
for sale in public rupees.
market of animal
or article without
licence or contrary
to licence.
279 .. Opening or Five Compounds.
keeping open hundred
private market rupees.
without licence or
contrary to
licence.
281 .. Sale or exposure Twenty Do.
for sale of animal rupees.
or article in
unlicensed private
market.
282 .. Failure to obey Fifty Do.
direction to rupees.
construct
approaches,
drains, etc., to
private markets or
to pave them, etc.
[Act No. 6 of 1965] 377

(1) (2) (3) (4) (5)


283 (2) Opening or Twenty Compoundable
keeping open of rupees with the
private market for each permission of
after suspension day. the court.
or refusal of
licence for default
to carry out works.
284 .. Nuisances in Twenty Compoundable.
private markets. rupees.
288 .. Carrying on One Do.
butcher‘s, hundred
fishmongers or rupees.
poulterer‘s trade
without licence,
etc.
289 .. Sale or exposure Ten Compoundable
for sale of animal rupees. with permission
or article in public of the court.
street.
292 .. Using a public Two Compoundable
place or the sides hundred .
of a public street rupees.
as public landing
place, etc.
295 .. Preventing the Fifty Do.
*[Commissioner] rupees.
or any person
authorised by him
from exercising his
powers of entry,
etc.
297 .. Removing or in Five Do.
any way interfering hundred
with an animal or rupees.
article secured
under section 296.
378 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


301 (1) Opening, etc., One Do.
without licence a hundred
place for the rupees.
disposal of the
dead.
303 (3) Use or allowance of Do. Do.
use of burial or
burning ground
which has not been
registered, licenced
or provided.
304 .. Failure to give Twenty Do.
information of rupees.
burials or burnings
in burial or burning
ground.
305 (3) Burial or burning in One Do.
a place after hundred
prohibition. rupees.
306 .. Offences in respect Fifty Do.
of corpses. rupees.
307 .. Discharge of office Five Do.
of grave digger or rupees.
attendant at place
for disposal of dead
without licence.
310 .. Wilful failure of Fifty Do.
medical practitioner rupees.
or owner to give
information of
existence of
infectious disease in
private or public
dwelling.
[Act No. 6 of 1965] 379

(1) (2) (3) (4) (5)


312 .. Failure to obey Fifty Compoundable
requisition to rupees. with the
cleanse or disinfect permission of
buildings or articles. the court.
313 (3) Washing of infected Fifty Do.
articles at rupees.
unauthorised
places.
314 .. Giving, lending, etc., Do. Do.
of infected articles.
315 .. Using water after Do. Do.
prohibition.
317 .. Infected person Do. Do.
carrying on
occupation.
318 (1) Travelling of Fifty Do.
infected person in rupees.
public conveyance
without taking
proper precautions
against spread of
disease.
318 (2) Entry of infected Do. Compoundable
person into public with permission
conveyance without of the court.
notifying the fact of
infection.
318 (3) Carrying infected Do. Do.
person in public
conveyance.
380 [Act No. 6 of 1965]

(1) (2) (3) (4) (5)


319 .. Letting or sub- Two Do.
letting of infected hundred
building without rupees.
previous
disinfection, etc.
320 .. Failure to close Do. Do.
place of public
entertainment.
321 .. Sending infected Fifty Do.
child to school. rupees.
323 .. Failure to give Do. Do.
information of
small-pox.
344 (9) Failure to produce Five Compoundable.
licence on rupees.
request.
348 .. Failure to obey Fifty Do.
summons. rupees.
355 (1) Failure of occupier Fifty Compoundable
to obey requisition rupees with permission
to permit owner to for each of the court.
comply with day.
provisions of Act.
382 .. Obstructing or Fifty Compoundable.
molesting council, rupees.
etc.
383 .. Removing mark Do. Do.
set up for
indicating level,
etc.
384 .. Removal, etc., of Do. Do.
notice exhibited
by or under orders
of the council.
[Act No. 6 of 1965] 381

(1) (2) (3) (4) (5)


385 .. Unlawful removal Twenty Compoundable
of earth, sand or rupees. with permission
other material of the court.
from land vested
in the council or
deposit of matter
or encroachment
in or on river,
estuary, etc.
Rules 59 of Failure to obey Fifty Compoundable.
Schedule II. requisition by rupees.
auditors to attend,
give evidence or
produce
documents.
382 [Act No. 6 of 1965]

SCHEDULE Vll.
PENALTIES FOR CONTINUING BREACHES.

[Section 336].

Section Sub- Subject Fine which


or rule. section may be
or imposed.
clause.

(1) (2) (3) (4)


139 .. Failure to maintain connections Five
in conformity with bye-laws and rupees.
regulations.
140 (2) Failure to obey requisition to Five
make connection. rupees.
149 .. Failure to maintain house Ten
drains, etc., in conformity with rupees.
bye-laws and regulations.
150 (2) Failure to obey requisition as to Do.
and house and drainage.
(3)
155 .. Failure to obey requisition to Do.
maintain troughs and pipes for
catching etc., water from roof or
other part of building.
157 .. Failure to obey requisition to Do.
provide latrine or to remove
latrine to another site and failure
to keep latrines clean and in
proper order.
158 .. Failure to provide latrines for Twenty
premises used by large rupees.
numbers of people or to keep
them clean and in proper order.
[Act No. 6 of 1965] 383

(1) (2) (3) (4)


159 .. Failure to obey requisition to Do.
provide latrines for market.
Cattle-stand or cart-stand or to
keep them clean and in proper
order.
176 .. Building within street alignment One
hundred
rupees.
184 .. Failure to provide roads, etc., Five
on building sites prior to rupees.
disposal.

192 .. Failure to remove permanent Ten


encroachment. rupees.
193 .. Failure to remove temporary Five
encroachment. rupees.
197 .. Unlawful making of hole or Ten
placing of obstruction in street. rupees.
198 .. Construction of building without Ten
licence. rupees.
206 (1) Failure to obey requisition to Fifty
round or splay off buildings at rupees.
corners of street.
207 .. Construction of external roofs, Ten
etc., with inflammable materials. rupees.
226 .. Failure to keep external walls of Do.
premises in proper repair.
233 .. Failure to obey requisition to Do.
repair, etc., tank or other place
dangerous to passers-by or
persons living in neighbourhood.
384 [Act No. 6 of 1965]

(1) (2) (3) (4)


234 .. Failure to obey requisition Do.
to stop dangerous
quarrying.
235 .. Failure to obey notice Do.
regarding, precautions
against fire.
237 .. Failure to obey requisition Do.
to fill up etc., tank or well or
drain off water.
239 .. Failure to obey requisition Ten rupees.
to cleanse or close. etc.,
tank, well, etc., or other
source of water used for
drinking.
246 .. Failure to obey requisition Do.
to enclose, clear or cleanse
untenanted premises.
247 .. Failure to obey requisition Do.
to clear or cleanse, etc.,
building or land in filthy
state or overgrown with
noxious vegetation.
248 .. Failure to obey requisition Do.
to fence building or land, or
prune or cut hedges and
trees or lower an enclosing
wall.
249 .. Failure to obey requisition Fifty rupees.
to lime-wash or otherwise
cleanse building.
[Act No. 6 of 1965] 385

(1) (2) (3) (4)


250 .. Failure to obey requisition Ten rupees in
to execute work or take the case of
other action with respect to building and
insanitary buildings. five rupees in
the hut.
254 .. Unlawful keeping of animal Five rupees
so as to be a nuisance or
dangerous.
260 .. Use of place as stable cattle Ten rupees.
stand, etc., without licence
or contrary to licence.
261 .. Construction or Do.
maintenance of stable,
cattle-shed, etc., contrary to
Act or subsidiary legislation.
262 .. Use of place as stable, Fifty rupees.
cattle-shed, etc., contrary to
notice issued by
*[Commissioner].
263 (1) Using a place for any of the Twenty
purposes specified in rupees.
Schedule IV without licence
or contrary to licence.
264 .. Unlawful erection of factory, One hundred
work shop, etc. rupees.
266 .. Disobedience of order Do.
regarding abatement of
nuisance.
272 .. Use of place as slaughter- Fifty rupees.
house without licence or
contrary to licence.
386 [Act No. 6 of 1965]

(1) (2) (3) (4)


275 .. Carrying on trade without Five rupees.
licence or contrary to
licence.
279 .. Opening or keeping open One hundred
private market without rupees.
licence or contrary to
licence.
281 .. Sale or exposure for sale of Twenty
animal as articles in rupees.
unlicenced private market.
288 .. Carrying on butcher‘s, Ten rupees.
fishmonger‘s or poulterer‘s
trade without licence etc.
292 .. Using a public place or the Twenty
sides of a public street as a rupees.
public landing place, etc.
301 .. Using without licence a One hundred
place for the disposal of the rupees.
dead.
312 .. Failure to obey requisition Ten rupees.
to cleanse or disinfect
buildings or articles.
320 .. Failure to close place of One hundred
public entertainment. rupees.
Rules 59 .. Failure to obey requisition Twenty five
of by auditors to attend, give rupees.
Schedule evidence or produce
II document.

378
[SCHEDULE VIII [XXX]]

378. Schedule VIII omitted by Act No.16 of 2011.


[Act No. 6 of 1965] 387

SCHEDULE IX.
TRANSITIONAL PROVISIONS.

(Section 389)

1. Definitions.- In these rules, unless the context


otherwise requires,-

(a) ―Andhra Municipalities Act‖ means the Andlhra


Pradesh (Andhra Area) District 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) ―$[chairman/chairperson]‖ includes the president,


and ―vice-chairman‖ 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 a municipality under the
Andhra Municipalities Act or a city municipality under the
388 [Act No. 6 of 1965]

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 aldermen
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 as 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
[Act No. 6 of 1965] 389

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 1st 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) 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
390 [Act No. 6 of 1965]

that the newly elected #[Members] may enter office at noon


on 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 date of July, they shall hold office for a
period 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 up to 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 councillors representing the 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 the 379Telangana
Gazette, divide the municipality into wards and determine
the ward which each of the #[Members] including the

379. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
[Act No. 6 of 1965] 391

$
[chairman/chairperson] or vice-chairman shall be deemed
to represent; and if there is any casual 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


Scheduled Castes or 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 $[chairman/chairperson], vice-chairman 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 $[chairman/chairperson], vice-chairman 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
392 [Act No. 6 of 1965]

perform the functions of the council and its


$
[chairman/chairperson] and the *[Commissioner] and the
provisions of section 7 shall apply to such a case.

(2) On the appointment of such special officer all the


members of the council including its $[chairman/
chairperson] and vice-chairman 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 re-
constituted 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 well as all liabilities legally subsisting against it, shall, on
and from the date of commencement of this Act and subject
to such directions as the Government may, by general or
[Act No. 6 of 1965] 393

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 payments 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 they are not inconsistent with this Act, be continued
by or against such council, authority or person under this
Act.

12. 380[Levy of Taxes, etc.]:- Any 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 or levy of such tax, cess
or fee 380[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:
381
[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 a notification
under section 3, and in respect of any building newly
constructed within a municipality after the commencement
of this Act].

380. Substituted by Act No.45 of 1976.


381. Added by Act No.45 of 1976.
394 [Act No. 6 of 1965]

13. Action taken under Andhra Municipalities Act or


Hyderabad Municipalities Act to continue:- Any action taken
under the Andhra Municipalities Act or the Hyderabad
Municipalitics 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
supreseded 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 provision of these rules, the Government, as
occasion may require, may, by notification in the
382
Telangana Gazette, do anything which appears to them to
be necessary for the purpose of removing the difficulty.

382. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated


29.10.2015.
[Act No. 6 of 1965] 395

383
[SCHEDULE - X.
(see Clause (42-aa) of Section 2)

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
1 Jagtial Raikal Raikal 9
2 Jagtial Dharmapuri Dharmapuri 9
(Harandlapalli,
Korandlapalli)
3 Jogulamba Waddepalle Waddepalle 7
Gadwal
Paipadu
4 Jogulamba Alampur Alampur 7
Gadwal
Imampur
5 Karimnagar Choppandandi Choppandandi 9
6 Karimnagar Kothapally Kothapally 7
7 Kamareddy Yellareddy Yellareddy 9
Lingareddy pet
Gandimasani
pet
Devunpally
8 Khammam Pallipadu Wyra 15
Lalapuram
Shantinagar of
GP Gundrathi
Madugu
Duddepudi

383. Schedules X and XI added by Act No.4 of 2018.


396 [Act No. 6 of 1965]

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
Somavaram
(Wyra)
9 Mahabubabad Dornakal Dornakal 7
10 Mahabubabad Maripeda Maripeda 9
11 Mahabubabad Thorrur Thorrur 9
12 Mahabubnagar Makthal Makthal 11
Garlapally
(RR Centre)
Chandrapur
13 Mahabubnagar Bhootpur Bhootpur 7
Amistapur
14 Mahabubnagar Kosgi Kosgi 11
Pothireddypally
Malreddy pally
Sampally
Masaipally
15 Mancherial Naspur Naspur 25
Theegalphad
Tallapally
Singapur
16 Mancherial Chennur Chennur 11
17 Mancherial Kyathanpally Kyathanpally 15
Thimmapur
[Act No. 6 of 1965] 397

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
18 Mancherial Luxettipet Luxettipet 11
Uthkur
Itikyal
Modela
19 Medak Toopran Toopran 11
Allapur
Brahmanpally
Ravelly
20 Medak Ramayampet Ramayampet 9
21 Medak Narsapur Narsapur 9
Hanmanthapur
Malparthy
22 Medchal Jawaharnagar Jawaharnagar 21
Malkajigiri
23 Medchal Ahamedguda Dammaiguda 11
Malkajigiri
Dammaiguda
Kundanpally
(Godumakunta
GP)
24 Medchal Nagaram Nagaram 11
Malkajigiri
Rampally
25 Medchal Ismailkhanguda Pocharam 11
Malkajigiri
Pocharam
Yamnampet
Narapally
398 [Act No. 6 of 1965]

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
26 Medchal Ghatkesar Ghatkesar 11
Malkajigiri
Kondapur
NFC Nagar
27 Medchal Gundlapocham Gundlapocham 7
Malkajigiri pally pally
Kandlakoya
Basiregadi
(Gowdavelly
GP)
Gnanapur
(Gowdavelly
GP)
Arkalguda
(Pudur GP)
28 Medchal Pothaipally Thumkunta 11
Malkajigiri
Thumkunta
Devaryamjal
Upparpally
29 Medchal Nizampet Nizampet 25
Malkajigiri
Bachupally
Pragathinagar
30 Medchal Doolapally Kompally 11
Malkajigiri
Kompally
31 Medchal Mallampet Dundigal 15
Malkajigiri
DP Pally
Bowrampet
[Act No. 6 of 1965] 399

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
Bahadurpally
Gagillapur
Dundigal
32 Nalgonda Nakrekal Nakrekal 11
33 Nalgonda Vijayapuri Nandikonda 9
north
(Nagarjun
Sagar)
Nandikonda
Sunkishala
34 Nalgonda Chityal Chityal 7
Shivannagudem
35 Nalgonda Haliya Haliya 9
(Anumula)
Ibrahimpet
36 Nalgonda Chandur Chandur 7
Angadipeta
37 Nirmal Khanapur Khanapur 11
(including
Timmapur and
Subhash
nagar)
38 Nizamabad Bheemgal Bheemgal 7
39 Peddapalli Manthani Manthani 9
40 Peddapalli Sulthanabad Sulthanabad 9
Poosala
Suglampalli
400 [Act No. 6 of 1965]

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
41 Rangareddy Shamshabad Shamshabad 21
Kothwalguda
Satamrai
Ootpally
Tondupally
Chinnagolla
pally
42 Rangareddy Turkayamjal Turkayamjal 21
Kammaguda
Ragannaguda
Brahmanapally
Thorrur
Munaganur
Injapur
Koheda
Ummarkhan
Daira
43 Rangareddy Manikonda Manikonda 9
Puppalaguda
Neknampur
[Act No. 6 of 1965] 401

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
44 Rangareddy Narsingi Narsingi 11
Kokapet
Vattinagaula-
pally
Khanapur
Gandipet
Manchirevula
45 Rangareddy Bandlaguda Bandlaguda 15
Jagir Jagir
Kismathpur
Hydershakote
Peeram
cheruvu
Himayathsagar
46 Rangareddy Bongloor Adibatla 9
Adibatla
(Adityanagar)
Kongarakalan
Mangalpally
Patelguda
Ramdaspally
47 Rangareddy Shankarpally Shankarpally 11
Fathepur
Singapur
Ramanthapur
Bulkapur
402 [Act No. 6 of 1965]

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
48 Rangareddy Thukkuguda Thukkuguda 9
Sardarnagar
Raviryal
Mankhal
49 Rangareddy Amangal Amangal 11
Vittaipally
50 Sangareddy Narayankhed Narayankhed 9
Chandkhanpally
Mansoorpur
51 Sangareddy Bollaram Bollaram 15
52 Sangareddy Osmannagar Tellapur 11
Tellapur
Kollur
Eduranagula
palli
Velimela
53 Sangareddy Ameenpur Ameenpur 15
54 Siddipet Cherial Cherial 9
55 Suryapet Nereducharla Nereducharla 7
Ramapuram
Narsaigudem
(Netaji nagar)
H/o
Dirshancharla
[Act No. 6 of 1965] 403

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
Ramagiri H/o
Chillepally
56 Suryapet Thirumalagiri Thirumalagiri 9
Malipuram
Nandapuram
Anantharam
57 Vikarabad Parigi Parigi 9
58 Vikarabad Kodangal Kodangal 7
Patha
Kodangal
Gundlakunta
Kondareddy
Pally
59 Warangal Rural Wardhannapet Wardhannapet 7
Konapuram
Jaggupeta
DC Thanda
Bhavanikunta
Thanda
Thallakunta
Thanda
Gubbedi
Thanda
Dubba Thanda
Rukki Thanda
404 [Act No. 6 of 1965]

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
Neelagiri
swamy
Thanda
Chandru
Thanda
60 Wanaparthy Kothakota Kothakota 9
61 Wanaparthy Pebbair Pebbair 9
Chelimilla
62 Wanaparthy Atmakur Atmakur 9
Somsagar
Khanapur
63 Wanaparthy Amarchinta Amarchinta 7
64 Yadadri Mothkur Mothkur 9
Bhuvanagiri
Kondagadapa
Bujilapuram
65 Yadadri Choutuppal Choutuppal 15
Bhuvanagiri
Lingojigudem
Thallasingara
m
Lakkaram
Thangadapally
66 Yadadri Alair Alair 9
Bhuvanagiri
Bahadurpeta
67 Yadadri Pochampally Pochampally 9
Bhuvanagiri
Revanapally
Mukthapur
[Act No. 6 of 1965] 405

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
68 Yadadri Yadagirigutta Yadagirigutta 9
Bhuvanagiri
Pathagutta
Datharupally
GP (Partly)
Peddireddy-
gudem
Datharupally
GP (Partly)
69 Siddipet 1.Dubbaka Dubbaka 11
2.Dharmajipet
3.Lachapet
4.Chervapur
5.Dumpala-
pally
6.Chellapur
7.Mallaipally
70 Ranga Reddy 1.Jalpally Jalpally 25
2.Kothapet
3.Pahadi-
shareef and
4.Balapur part
Sy.No.140 to
253
71 Ranga Reddy Meerpet Meerpet 25
72 Ranga Reddy Jillelaguda Jillelaguda 21
73 Medchal 1.Boduppal and Boduppal 21
Malkajigiri
2.Chengicherlla
406 [Act No. 6 of 1965]

Sl. Name of the Areas to be Smaller Urban Total


No. District constituted Area constituted wards
(1) (2) (3) (4) (5)
74 Medchal 1.Medipally Peerzadiguda 21
Malkajigiri
2.Parvathapur
and
3.Peerzadi-
guda
75 Medchal 1.Medchal and Medchal 15
Malkajigiri
2.Athvelly
[Act No. 6 of 1965] 407

SCHEDULE - XI.
(see sub-section (1B) of Section 3)

Sl. Name of Areas to be Municipality into Ward No.


No. the included which areas are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
1 Adilabad Anukunta Adilabad 13
1. Belluri of Arli-B 3
GP
2. Nishan Ghat 3
of Arli-B GP.
Rampur – R 32
1. NHB Colony 27
of
Battisavergaon
GP.
2. Tailors Colony 27
of
Battisavergaon
GP.
3. Police Colony 27
of
Battisavergaon
GP.
4. Vivekananda 27
Colony of
Battisavergaon
GP.
408 [Act No. 6 of 1965]

5. Agraja 27
Township of
Battisavergaon
GP.
6. Adarsh colony 27
of
Battisavergaon
GP.
7. Bhagath singh 27
Colony of
Battisavergaon
GP.
1. Dasnapur of 19
Mavala GP.
2. Durganagar of 19
Mavala GP.
3. KRK Colony of 19
Mavala GP.
Remaining part 19
of Handicapped
Colony
Attenders 19
Colony
Krishnanagar 19
Indiramma 19
Colony
2 Jagtial Shankulapalli 38
Govindupalli 10
Lingampet 27
TR Nagar 27
[Act No. 6 of 1965] 409

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Dharoor 18
(Part of the area
only proposed
for merging into
Municipality)
{41, 45, 46, 53,
54, 57, 58, 104,
106, 107, 300,
302, 303, 304,
314, 315, 316,
317, 318, 320,
357, 358, 359,
360, 363, 364,
366, 375, 378,
383, 386, 391,
394}
Hasnabad Jagtial 29
(Only lands in
the said Sy.Nos)
{971, 972 ,973,
979, 980, 981,
982, 986, 993,
995, 996, 997,
998, 1007, 1008,
1063, 1067,
1068, 1086,
1087, 1090,
1093, 1095,
1097, 1098,
1110, 1589,
410 [Act No. 6 of 1965]

1590, 1616,
1617, 1618,
1622, 1621,
1620, 1686,
1694, 1695,
1696, 1702,
1703, 1704,
1706}
Jagtial Thimmapur Jagtial 3
(Only lands in
the said Sy.Nos)
{417, 454, 457,
459, 460}
3 Jagtial Yakeenpur Korutla 24
4 Jagtial Venkatraopet Metpalli 20
Arapet 13
5 Jangaon Shameerpet Jangaon 23
(Arvind nagar)
Shameerpet 21
(Vikas nagar)
Yesvanthpur 2
(Yellamma
Temple)
Cheetakodur 1
(Rajiv Nagar)
6 Warangal Rajipet Parkal 8
Rural
Madharam 10
(Sitharampuram)
7 Warangal Kamlapoor Narsampet 3
Rural
8 Kama- Adloor Kamareddy 1
reddy
Devanpally 26
[Act No. 6 of 1965] 411

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Lingapoor 24
Patharajampet 24
Rameshwarpally 6
Sarampally 24
Tekriyal 32
9 Kama- 4th Class Banswada 6
reddy Employees
Colony
Koyagutta 9
Thanda
Vasavi Colony 4
Hanuman 3
Colony
2BHK Colony 3
10 Mahabu- Jamandlapally Mahabubabad 5
babad
Eedulapusapally 1
Bethole 17
Shanigapuram 18
Anantharam 13
Rajalipet 15
412 [Act No. 6 of 1965]

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
11 Jogu- Jammichedu Gadwal 8
lamba
Yenkampeta 8
Gadwal
12 Medak Chityala Medak 12
(Pillikotalapally)
Ausulapally 1
Aurangabad 1
13 Nirmal Manjulapur Nirmal 30
Venkatapur 27
14 Nizama- Srinivasa Nagar Bodhan 27
bad
Achanpally 1
15 Nizama- Perkit & Armoor 23
bad Kotarmoor
Mamidipally
16 Karim- Dharmaram Jammikunta 1
nagar
Ramannapalli 9
Kothapalli 9
17 Karim- Bornapally Huzurabad 20
nagar
Kothapally 1
Ippalnarsingapur 15
Dhammakkapet 15
[Act No. 6 of 1965] 413

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
18 Pedda Rangampalli Peddapalli 5
palli
Bandhampalli 1
Chandapalli 15
Peddakalvala 7
part (Sy Nos 84
to 139, 140 to
152, 196 to 200)
Peddabonkur 6
part (Sy Nos 17
to 21, 26 to 79,
652 to 661)
19 Rajanna Chandrampeta Sircilla 1
Sircilla
Mustipalli 29
Ragudu 1
Peddur 18
Chinna Bonala 29
Bonala 20
Sardapur 18
20 Rajanna Thippapur Vemulawada 8
Sircilla
Shatrajpalli 1
Ayyorupalli 1
Nampalli 8
Konaipalli 19
414 [Act No. 6 of 1965]

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Hanumankapally 19
& Kasaypally
21 Khammam Rajiv nagar, H/o Sathupalli 06
G.P.Siddaram
22 Khammam Didugupadu Madhira 20
(Jilugumadu)
23 Sanga- Pothireddypalli Sangareddy 21
reddy
Chintalpally 29
Part of Malkapur 24
GP of Kondapur
Mandal with
S.Y.Nos.210 to
365.
24 Sanga- Allipur Zaheerabad 4
reddy
Ranjole 5
Hothi-K 12
Chinna 12
Hyderabad
Pastapur 4
Thammadipally 4
25 Sanga- Siddapur Sadasivpet 12
reddy
Yuvapur 12
[Act No. 6 of 1965] 415

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
26 Mahabub Jadcherla Badepally 1
nagar (Kaverammapet)
Bureddipally 3
Nagasala 18
27 Nagar- Uyyalawada Nagarkurnool 19
kurnool
Naganool 14
Yendabetla 7
Deshitikyal 11
28 Nagar- Lingotam Achampet 19
kurnool
Palkapalli 18
Pulijala 2
Nadimpally 2
Laxmapur 3
Gumpanpally 4
Choutapally 6
Polishettipally 9
29 Nagar- Sanjapur H/o Kalwakurthy 17
kurnool Tarnikal GP
Thimmarasipally 10
Kotra Thanda 4
H/o Kotra GP
416 [Act No. 6 of 1965]

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
30 Siddipet Lingareddypally Siddipet 1
Part of Mittapally 9
(Sy Nos.827 to
832, 1076 to
1104, 1135 to
1161)
Part of Ponnala 9
(Sy.No.17, 18,
19, 21, 35, 2, 66,
156, 157, 160 to
193, 197)
Part of 23
Ensanpally
(Sy.No.83 to 95,
102 to 202, 302
to 334 & 393 to
395)
Part of 27
Chinnagundavelly
(Sy.No.199 to
207, 285 to 292 &
300, 302, 303)
31 Suryapet Kudakuda Suryapet 34
Bibigudem 8
Durajpally 14
Pillalamarri 34
[Act No. 6 of 1965] 417

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Gandhinagar 34
Rainigudem 28
Dhasaigudem 14
Kusumavari 27
gudem
Kuppireddy 27
gudem
32 Suryapet Thammarabanda Kodad 7
Palem
Komarabanda 26
33 Vikarabad Burgupally Vikarabad 12
Gudupally 15
Dhannaram 8
Girgatepally 25
Kompally 1
Madgulchittam 12
pally
34 Vikarabad 1. Saipur Thandur 9
2. Malreddy 1
Pally
3. Kokat (Part- 8
Rajiv
Gruhakalpa &
Indiramma
Housing colony)
418 [Act No. 6 of 1965]

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
4. Antharam 7
(Part NTR
colony)
5. Tandur 15
6. Rasoolpur 13
35 Medchal Girmapur Medchal 19
36 Wana- Srinivaspur Wanaparthy 20
parthy (Srinivaspur
Head Quarter,
Bijinigadda
Thanda,
Bonamma
Thanda,
Marrikunta,
Bikya Thanda,
Jangala
Gudiselu,
Agraharam)
Nagavaram 24
(Nagavaram HQ.
Nagavaram
Thanda)
Rajanagaram 24
(Rajanagaram
HQ, Bapangeri,
Vaddegeri)
[Act No. 6 of 1965] 419

Sl. Name of Areas to be Municipality into Ward No.


No. the included which area are of the
District included Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Gopalpet 4
(Narsingaipally)
Habitation of GP
Thadiparti)
37 Yadadri Raygiri Bhongir 2
Bhuvana-
Bommaiapally 19
giri
Pagidipally 19

***

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