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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
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]
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]
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
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
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
Schedule X.
Schedule XI.
THE TELANGANA MUNICIPALITIES ACT, 1965.1
PART I
Preliminary.
6
[(8-A) ‗Commissioner‘ means the person appointed as
Commissioner under sub-section (1) of section 29;]
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;]
PART II
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:
(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 -
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];
(a) Council
37
[5-B. (1) In every Municipality, there shall be constituted a Constitution of
Ward Committee for each ward of the Municipality. Ward Committee.
37. For section 5-B (5B, 5C and 5D) substituted by Act No.7 of 2008.
20 [Act No. 6 of 1965]
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.
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.
50
[(5) [xxx]]
(2) 58[xxx]
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.
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:
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:
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.]
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.
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.
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:
(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
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-
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
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.
CHAPTER - III.
Performance of 108
[30-A. The Council shall also exercise the following
functions by the powers and functions, namely:-
Council.
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.]
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:—
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.
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.
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,—
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.
(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—
(b) use or permit the use of such vacant land for any
permanent purpose;
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
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
Provided that—
Provided that—
134
[xxx] shall thereupon withdraw and shall not be allowed to
attend for the remainder of the day‘s meeting.
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.
141
[(cc) exercise disciplinary control over the
employees of the Municipal Council, who shall be
subordinate to the Commissioner;]
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
146
likely to lead to a riot or breach of peace [or is against
public interest:]
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]]
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.]
under the Act, for a period 163[which shall not exceed six
years] from the date of such appointment:
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.
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.
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.
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.
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.
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—
Provided—
favourable than those for the time being prescribed for such
Government employees.
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.
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]]
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:
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—
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-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.
85-I. (1) The Board shall exercise the following powers, Powers of the
namely: Board.
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.
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,-
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]
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.
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.
(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.
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.
General 88. (1) The following buildings and lands shall be exempt
exemptions. from the property tax:
195. For clauses (bb) and (c) substituted by Act No.3 of 1994.
[Act No. 6 of 1965] 117
199
[(1A) [xxx]]
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:]
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:
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.
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]
(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.]
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.
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.
212. (ii) Profession tax and sections 96 to 102 omitted by Act No.22 of
1987.
[Act No. 6 of 1965] 127
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.
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.
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
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
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.
215
[114 [XXX]]
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;
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.
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.
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
Budget
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.
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.
Part V.
PUBLIC HEALTH, SAFETY AND CONVENIENCE.
CHAPTER I
WATER-SUPPLY, LIGHTING AND DRAINAGE
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:
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
other works as it may deem fit within the said limits for the
use of the inhabitants.
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.
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.
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.
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]
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.
(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
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:
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.
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.
Provided that,-
(2) Not less than fifteen days before any work under
this section is commenced, the *[Commissioner] shall give
notice to the owners of,-
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.
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.
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.
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.
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.
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.
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]
CHAPTER II
SCAVENGING.
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.
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
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,-
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.
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.
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]
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,-
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.
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.
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.
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.]
(a) the plot is not less than the size fixed by the
council from time to time;
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:—
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;
(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.]
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,-
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
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.
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,-
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.
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,-
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]
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.
Numbers on buildings
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:
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;
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.
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.
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
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:
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]
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
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
HUTS
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.
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:
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]
EXEMPTIONS.
259
[230. [xxx]]
CHAPTER V—NUISANCE.
Dangerous structures, trees and places.
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.
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.
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.
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.
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.
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
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.
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,-
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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:
€. 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]
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.
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.
Slaughtering of animals.
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:
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.
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;
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:
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.
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.
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.
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.
(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;
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
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.
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.
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.
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.
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.
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
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.
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]
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.
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.
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.
Infectious diseases.
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]
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.
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.
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.
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.
Small-pox.
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.
CHAPTER I.
RULES, BYE-LAWS AND REGULATIONS.
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.
(5) (a) for the use of public tanks, wells, conduits and
other places or works for water-supply;
(c) for the period for which corpses must be kept for
inspection;
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.
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.
(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.]
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,
CHAPTER II.
PENALTIES.
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.
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.
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.
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.
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,—
Provided that,-
262 [Act No. 6 of 1965]
ELECTORAL OFFENCES
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.
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.
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
(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.
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.
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.
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.
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
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.
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
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 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]
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.
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.]
Appeals.
Appeals. 314
[345. (1) An appeal shall lie to the council from,-
Power to summon.
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.
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,-
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.
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
Provided that,-
$
[chairman/chairperson] or *[Commissioner] he may appeal
to the council. 319[xxx].
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,-
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.
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.
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.
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.
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
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
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.
MISCELLANEOUS.
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.
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
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.
(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
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.
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.
SCHEDULE I.
(Section 32.)
SCHEDULE II.
TAXATION AND FINANCE RULES.
(Section 130.)
Definition of tax.
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.
21. (1) The tax on carriages and carts and the tax on
animals shall be levied at rates not exceeding the following:-
Tax on Animals
Appeals
(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:
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.
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.]
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.]
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
Obligatory expenditure.
(e) scavenging;
(k) vaccination;
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,-
Extraordinary expenditure.
APPENDIX A.
DISTRAINT WARRANT.
[Rule 30 (3)].
Warrant No.
To
Date. 19 .
APPENDIX B.
FORM OF INVENTORY AND NOTICE.
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.
Date. 19 .
APPENDIX C.
TABLE OF FEES PAYABLE ON DISTRAINTS.
[Rule 33 (1)
SCHEDULE IV.
(Section 263).
Central Act 30 of 1934. the Petroleum Act, 1934 or the rules or notifications issued
thereunder.
SCHEDULE V.
LIST OF INFECTIOUS DISEASES.
(Section 309).
SCHEDULE VI.
ORDINARY PENALTIES.
(Section 336)
SCHEDULE Vll.
PENALTIES FOR CONTINUING BREACHES.
[Section 336].
378
[SCHEDULE VIII [XXX]]
SCHEDULE IX.
TRANSITIONAL PROVISIONS.
(Section 389)
(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:
(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.
$
[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.
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].
383
[SCHEDULE - X.
(see Clause (42-aa) of Section 2)
SCHEDULE - XI.
(see sub-section (1B) of Section 3)
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
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
***