ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
13 of 1994
An Act to provide for the constitution of Gram Panchayats, Mandal Parishads and Zilla Parishads and for matters connected therewith or incidental thereto Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty fourth Year of the Republic of India as follows: -
PART 1 Preliminary
Section 1 Short title, extent, application and commencement
(1) This Act may be called the Andhra Pradesh Panchayat Raj Act, 1994.
(2) It extends to the whole of the State of Andhra Pradesh, except, --
(a) the Municipal Corporations governed by any law relating to Municipal Corporations for the time being in force in the State;
(b) the Municipalities Governed by the law relating to municipalities for the time being in force in the State;
(c) a Notified Area declared under Section 389 A of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965);
(d) the Mining Settlements governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956 (Act XLIV of 1956) ; and
(e) the Cantonments governed by the Cantonments Act, 1924 (Central Act 2 of 1924).
(2A) In their application to the Scheduled Areas in the State as referred to in clause (I) of Article 244 of the Constitution of India, the remaining provisions of this Act shall apply subject to the provisions of Part VI-A of this Act
(3) It shall come into force on such date and in such area as the Government may, by notification in the Andhra Pradesh Gazette, appoint and they may appoint different dates for different areas and for different provisions.
Section 2 Definitions
In this Act unless the context otherwise requires, -
(1) "Andhra Area" means the territories of the State of Andhra Pradesh other than the Telangana area;
(2) "Backward Classes" means any socially and educationally Backward Classes of citizens recognised by the Government for purpose of clause (4) of Article 15 of the Constitution of India;
(3) "building" includes a house, out house, shop, stable, latrine, shed (other than a cattle shed in an agricultural land), hut, wall and any other such structure whether of masonry, bricks, wood, mud, metal or other material whatsoever;
(4) "casual vacancy" means a vacancy occurring otherwise than by efflux of time, and "casual election" means an election held to fill a casual vacancy;
(5) "Chairperson" means the Chairperson of a Zilla Parishad elected under Section 181;
(6) "Chief Executive Officer" means the Chief Executive Officer of the Zilla Parishad appointed under Section 186;
(7) "Collector" means any officer in charge of a Revenue Division and includes a Deputy Collector, a Sub Collector and an Assistant Collector;
(8) "Commissioner" means any officer who is authorised by the Government to exercise any of the powers or discharge any of the duties of the Commissioner under this Act;
(9) "Company" means a Company as defined in the Companies Act, 1956 (Central Act 1 of 1956), and includes a foreign company within the meaning of Section 591 of that Act;
(10) "District Munsif" means the District Munsif appointed under the Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972);
(11) "Election Authority" means such authority not being a member or office bearer of any local authority as may, by notification, be appointed by the Andhra Pradesh Election Commissioner for Local Bodies;
(12) "Executive Authority" means --
(i) in the case of Gram Panchayat or a group of Gram Panchayats having an Executive Officer, the Executive Officer and if there is no Executive Officer incharge, the Sarpanch of the Gram Panchayat;
(ii) in the case of any other Gram Panchayat, the Sarpanch thereof;
(13) "executive officer" means the Executive Officer cum Village Development Officer of a Gram Panchayat or a group of Gram Panchayats;
(14) "Factory" means a factory as defined in the Factories Act, 1948 (Central Act 63 of 1948), and includes any premises including the precincts thereof wherein any industrial, manufacturing or trade process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency;
(15) "Finance Commission" means the Finance Commission constituted by the Governor under Section 235;
(16) "Government" means the State Government;
(17) "Gram Panchayat" means the body constituted for the local administration of a village under this Act;
(18) "Gram Sabha" means the Gram Sabha which comes into existence under Section 6;
(19) "house" means a building or a hut fit for human occupation, whether as a residence or otherwise and includes any shop, factory, workshop or warehouse or any building used for garraging or parking buses or as a bus stand, cattle shed (other than a cattle shed in an agricultural land, poultry shed or dairy shed);
(20) "hut" means any building which is constructed principally of wood, mud, leaves, grass, or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the Gram Panchayat may declare to be a hut for the purposes of this Act;
(21) "latrine" includes privy, water closet and urinal;
(22) "Mandal" means such area in a district as may be declared by the Government by notification to be a Mandal under Section 3 of the Andhra Pradesh District (Formation) Act, 1974 (Act 7 of 1974);
(23) "Mandal Parishad" means, a Mandal Parishad constituted or reconstituted under Section 148;
(24) "Mandal Parishad Development Officer" means, the Officer appointed by that designation under Section 168;
(25) "notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly;
(26) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life, or injurious to health or property;
(27) "ordinary vacancy" means a vacancy occuring by efflux of time and "ordinary election" means an election held to fill an ordinary vacancy;
(28) "owner" includes, --
(a) the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used ; and
(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;
(29) "population" or "population at the last census" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(30) "prescribed" means prescribed by the Government by rules made under this Act;
(31) "President" means the President of a Mandal Parishad elected under Section 153;
(32) "private road" means any street, road, square, court, alley, passage or riding path which is not a "public road", but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of such premises;
(33) "public road" means any street, road, square, court, alley, passage or riding path, over which the public have a right of way whether a throughfare or not, and includes,
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such road, public bridge or causeway; and
(c) the drains attached to any such road, public bridge or cause way, and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to Government;
(34) "qualifying date", in relation to the preparation and publication of every electoral roll under this Act, means the first day of January of the year in which it is so prepared and published.
(35) "registered voter in the Mandal Parishad or registered voter in the District " means a person whose name appears in the electoral roll prepared and published under Section 11 for any Gram Panchayat or Gram Panchayats comprised in the Mandal or as the case may be, in the District;
(36) "residence", "reside" A person is deemed to have his "residence" or to "reside" in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;
(37) "Sarpanch" means the Sarpanch of a Gram Panchayat elected under Section 14;
(38) "Scheduled Castes" and "Scheduled Tribes" shall have the meaning respectively assigned to them in clause (24) and clause (25) of Article 366 of the Constitution of India;
(39) "Andhra Pradesh Election Commission for Local Bodies" means the State Election Commission constituted under Section 200;
(40) "Andhra Pradesh Election Commissioner for Local Bodies" means a State Election Commissioner appointed by the Governor under sub section (2) of Section 200;
(41) Telangana Area means the territories specified in sub section (1) of Section 3 of the States Re organisation Act, 1956 (Central Act 37 of 1956);
(42) Village means any local area which is declared to be a village under this Act;
(43) "water course" includes any river, stream or channel, whether natural or artificial;
(44) "year" means the financial year;
(45) "Zilla Parishad" means a Zilla Parishad constituted under Section 117.
PART 2 Gram Panchayat
CHAPTER 1 Constitution, Administration and Control of Gram Panchayats
Section 3 Declaration of a village for the purposes of this Act
(1) The Commissioner may, by notification, and in accordance with the rules made by the Government in this behalf, declare any revenue village or hamlet thereof or any part of a mandal to be a village for the purposes of this Act and specify the name of the village
ExplanationFor the purposes of this sub section the expressions "mandal" and "revenue village" shall mean respectively any local area which is recognised as a mandal or village in the revenue accounts of Government after excluding therefrom the area, if any, included in
(a) a Municipal Corporation governed by the relevant law relating to Municipal Corporations for the time being in force in the State;
(b) a Municipality governed by the law relating to Municipalities for the time being in force in the State;
(c) a Mining Settlement governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956 (Act XLIV of 1956);
(d) a Cantonment governed by the Cantonments Act, 1924 (Central Act 2 of 1924).
(2) The Commissioner may, by notification and in accordance with such rules as may be prescribed in this behalf -
(a) form a new village by separation of local area from any village or by uniting two or more villages or parts of villages or by uniting any local area to a part of any village;
(b) increase the local area of any village;
(c) diminish the local area of any village;
(d) alter the boundaries of any village;
(e) alter the name of any village;
(f) cancel a notification issued under sub section (1);
(3) The Commissioner may pass such orders as he may deem fit
(a) as to the disposal of the property vested in a Gram Panchayat which has ceased to exist, and the discharge of its liabilities; and
(b) as to the disposal of any part of the property vested in a Gram Panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the Gram Panchayat relating to such property or arising from such local areaAn order made under this sub section may contain such supplemental, incidental and consequential provisions as the Commissioner may deem necessary, and in particular may direct
(i) that any tax, fee or other sum due to the Gram Panchayat or where a Gram Panchayat has ceased to exercise jurisdiction over any local area, such tax, fee, or other sum due to the Gram Panchayat as relates to that area, shall be payable to such authorities as may be specified in the order; and
(ii) that appeals, petitions, or other applications with reference to any such tax, fee or sum which are pending on the date on which the Gram Panchayat ceased to exist or, as the case may be, on the date on which the Gram Panchayat ceased to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order.
Section 4 Constitution of Gram Panchayats for villages and their incorporation
(1) A Gram Panchayat shall be deemed to have been constituted for a village on the date of publication of the notification under Section 3 in respect of that village and the Special Officer appointed under sub section (1) of Section 143 shall make arrangements for the election of the members and of the Sarpanch of the Gram Panchayat as provided in that section
(2) Subject to the provisions of this Act, the administration of the village shall vest in the Gram Panchayat, but the Gram Panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Sarpanch or Executive Authority, or to any other local authority or other authority
(3) Every Gram Panchayat shall be a body corporate by the name of the village specified in the notification issued under Section 3, shall have perpetual succession and a common seal, and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being used in its corporate name, of acquiring, holding and transferring property, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.
Section 5 Township
(1) The Government may declare, by a notification in the Andhra Pradesh Gazette a village or any other area to be a township if it is an industrial or institutional colony, a labour colony, a project area, a health resort or a place of religious importance.
(2) If the area declared as township under sub section (1) comprises a village or forms part of a village, the Commissioner shall, under sub section (2) of Section 3, cancel the notification issued under sub section (1) of that section in respect of such village, or as the case may be, exclude such part from the village.
(3) In regard to any area other than a place of religious importance declared to be a township, the Government shall, by notification in the Andhra Pradesh Gazette, constitute a Township Committee, which shall consist of a Chairperson to be nominated by the Government and the following official and non official members, namely: -
AOFFICIAL MEMBERS
(i) in regard to a township constituted for an industrial or institutional colony, labour colony, project area or health resort, the highest official representing the industry, institution, project or health resort concerned;
(ii) the Chief Executive Officer of the Zilla Parishad concerned;
(iii) the Divisional Engineer, Electricity Board, in whose jurisdiction the towhship is located;
(iv) the Executive Engineer, Panchayat Raj of the Division in which the township is located; and
(v) an officer of the Tourism Department wherever necessary and in other cases an official representing the management of the industry, institution, project or health resort concerned, as may be nominated by the Government; and
BNON OFFICIAL MEMBERS
(i) the Member of the Lok Sabha in whose constituency the Township is located;
(ii) the Member or Members of the Legislative Assembly in whose constituency the township is located;
(iii) one woman member, who is a registered voter in the township to be nominated by the Government; and
(iv) two persons who are registered voters in the township, other than those persons specified in items (i) to (iii) and who are specially qualified to assist and advise the Township Committee on its various activities to be nominated by the Government;
Provided that one of the Members to be nominated under this clause shall be a member belonging to the Scheduled Castes or Scheduled Tribes.
(4) The Chairperson and the non official members of the Committee under items (iii) and (iv) of sub section (3) shall hold office during the pleasure of the Government and the official members and non official members under items (i) and (ii) of sub section (3) shall hold office so long as they hold their respective offices.
(5) A notification issued by the Government under sub section (3) may direct that any functions vested in a Gram Panchayat by or under this Act shall be transferred to and performed by the Township Committee and shall provide for
(i) the restrictions and conditions subject to which the Township Committee may perform its functions; and
(ii) any other matter incidental to, or connected with, the transfer of the functions of a Gram Panchayat to the Township Committee including the apportionment of the revenues between the township committee and the Gram Panchayat concerned or any contributions or compensation that shall be paid by the township committee to the Gram Panchayat concerned.
(6) Every Township Committee shall, in regard to the conduct of its business, follow such procedure as may be prescribed.
(7) The Government may, by notification in the Andhra Pradesh Gazette, direct that any of the provisions of this Act or of the law relating to municipalities for the time being in force, or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the State but not in the village or local area of specified part thereof referred to in sub section (1) shall apply to that village, local area or part to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.
Section 6 Gram Sabha
(1) There shall come into existence a Gram Sabha for every village on the date of publication of notification under Section 3.
(2) A gram Sabha shall consist of all persons whose names are included in the electoral roll for the Gram Panchayat referred to in Section 4 and such persons shall be deemed to be the members of the Gram Sabha.
(3) The Gram Sabha shall meet at least twice in every year on such date and at such place and time as may be prescribed to consider the following matters which shall be placed before it by the Gram Panchayat, namely: -
(i) annual statement of accounts and audit report;
(ii) report on the administration of the preceding year;
(iii) programme of works for the year or any new programme not covered by the budget or the annual programme;
(iv) proposals for fresh taxation or for enhancement of existing taxes;
(v) selection of schemes, beneficiaries and locations; and
(vi) such other matter as may be prescribed The Gram Panchayat shall give due consideration to the suggestions, if any, of the Gram Sabha.
(4) The Gram Sabha shall observe such rules of procedure at its meetings as may be prescribed.
(5) Every meeting of the Gram Sabha shall be convened by the Executive Officer and shall be presided over by the Sarpanch or in his absence by the Upa Sarpanch of the Gram Panchayat.
Section 7 Total strength of a Gram Panchayat
(1) A Gram Panchayat shall consist of such number of elected members inclusive of its Sarpanch as may be notified from time to time, by the Commissioner in accordance with the following Table: -
TABLE
Gram Panchayat with a population at the last census Number of members
(1)
(2)
Upto 300
5
Exceeding 300 but not exceeding 500
7
Exceeding 500 but not exceeding 1,500
9
Exceeding 1,500 but not exceeding 3,000
11
Exceeding 3,000 but not exceeding 5,000
13
Exceeding 5,000 but not exceeding 10,000
15
Exceeding 10,000 but not exceeding 15,000
17
Exceeding 15,000
between 19 and 21
(2) The member of the Mandal Parishad Territorial Constituency shall be a permanent invitee to the meetings of Gram Panchayats and he shall have the right to speak in and otherwise to take part in the proceedings of any meeting of the Gram Panchayat or Gram Panchayats functioning within the local limits of the respective jurisdiction, but shall not, by virtue of this section be entitled to vote at any such meeting.
Section 8 Election of Members
All members of the Gram Panchayat shall be elected by the registered voters in the Ward by the method of secret ballot and in accordance with such rules as may be made in this behalf.
Section 9 Reservation of seats of members of Gram Panchayat
(1) In every Gram Panchayat, out of the total strength of elected members determined under Section 7, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve
(a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Gram Panchayat, as the population of the Scheduled Castes, or as the case may be, Scheduled Tribes in that village bears to the total population of that village; and such seats may be allotted by rotation to different wards in a Gram Panchayat;
(b) [x x x]
(c) not less than one third of the total number of seats reserved under Clause (a) and sub section (1A) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;
(d) not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to every Gram Panchayat shall be reserved for women and such seats may be allotted by rotation to different wards in a Gram Panchayat.
(1-A) In addition to the reservation of seats under sub section (1), there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each Gram Panchayat in the manner prescribed; so however that the number of offices of members of Gram Panchayats in the State reserved for Backward Classes shall not be less than thirty four percent of the total number of offices of the members of Gram Panchayats in the StateThe number of seats allocated to each Gram Panchayat shall be allotted by rotation to different wards in the Gram Panchayat:
Provided that it shall be competent for the Government to make special provision with regard to the manner and quantum of seats to be reserved for Backward Classes in the Gram Panchayats situated in the Scheduled areas, by rules made in this behalf.
(2) Nothing in sub sections (1) and (1-A) shall be deemed to prevent women and Members of the Scheduled Castes, Scheduled Tribes or Backward Classes from standing for election to the non reserved seats in the Gram Panchayat.
Section 10 Division of wards
For the purpose of electing members to a Gram Panchayat, the Commissioner shall, subject to such rules as may be prescribed, divide the village into as many wards as there are seats, determined under Section 7, on a territorial basis in such a manner that all wards shall have, as far as practicable, equal number of voters and allot not more than one seat for each ward.
Section 11 Preparation and publication of electoral roll for a Gram Panchayat
(1) The electoral roll for Gram Panchayat shall be prepared by the person authorised by the Andhra Pradesh Election Commissioner for Local Bodies in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Gram Panchayat shall come into force immediately *[upon its publication] in accordance with the rules made by the Government in this behalfThe electoral roll for the Gram Panchayat shall consist of such part of the electoral roll for the Assembly Constituency published under the Representation of the People Act, 1950 (Central Act 43 of 1950) as revised or amended under the said Act, upto the qualifying date, as relates to the village or any portion thereof
Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the electoral Registration Officer under Section 22 or Section 23, as the case may be, of the Representation of the People Act, 1950, (Central Act 43 of 1950) upto the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the Gram Panchayat and any such names included shall be added to the part relating to the last Ward.
Explanation Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the village, all persons whose names are entered in such roll under the registration area comprising the village and whose addresses as entered are situated in the village shall be entitled to be included in the electoral roll for the Gram Panchayat prepared for the purposes of this Act.
(2) The electoral roll for a Gram Panchayat,_
(a) shall be prepared and published in the prescribed manner by reference to the qualifying date,
(i) before each ordinary election; and
(ii) before each casual election to fill a casual vacancy in the Office of the Sarpanch and Member of a Gram Panchayat; and
(b) shall be prepared and published in any year, in the prescribed manner, by reference to the qualifying date, if so directed by the State Election Commission:
Provided that if the electoral roll is not prepared and published as aforesaid, the validity, or continued operation of the said electoral roll, shall not thereby be affected.
(3) The electoral roll] published under sub section (1) shall be the electoral roll for the Gram Panchayat and it shall remain in force till a fresh electoral roll for the Gram Panchayat is published under this section.
(4) The electoral roll for the Gram Panchayat shall be divided into as many parts as there are wards so that each part consists of the voters residing in the concerned ward and for this purpose the electoral roll may be rearranged if such rearrangement is found necessary.
(5) Every person whose name appears in the part of the electoral roll relating to a ward shall subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the electoral roll remains in force and no person whose name does not appear in such part of the electoral roll shall vote at any such election.
(6) No person shall vote at an election under this Act in more than one ward or more than once in the same ward and if he does so, all his votes shall be invalid
Explanation : In this section, the expression Assembly Constituency shall mean a constituency provided by law for the purpose of elections to the Andhra Pradesh Legislative Assembly.
Section 12 Rearrangement and republication of electoral rolls
Where, after the electoral roll for the Gram Panchayat has been published under sub section (1) of Section 11, the village is divided into wards for the first time or the division of the village into ward is altered or the limits of the village are varied, the person authorised by the Andhra Pradesh Election Commissioner for Local Bodies in this behalf shall in order to give effect to the division of the village into wards or to the alteration of the wards, or to the variation of the limits, as the case may be, authorise a re arrangement and republication of the electoral roll for the Gram Panchayat or any part of such roll in such manner, as the Andhra Pradesh Election Commissioner for Local Bodies may direct.
Section 13 Term of office of members
(1) Save as otherwise provided in this Act the term of office of members elected at ordinary elections shall be five years from the date appointed by the Commissioner for the first meeting of the Gram Panchayat after the ordinary elections.
(2) Ordinary vacancies in the office of elected members shall be filled at ordinary elections which shall be fixed by the election authority to take place on such day or days within three months before the occurrence of the vacancies, as he thinks fit:
Provided that the Andhra Pradesh Election Commissioner for Local Bodies may, for sufficient reasons to be recorded in writing, direct from time to time, the postponement or alteration of the date of an ordinary election or any stage thereof within the period of three months aforesaid and the election authority shall give effect to such direction.
(3)
(a) Every casual vacancy in the office of an elected member of a Gram Panchayat shall be reported by the Executive Authority to the Election Authority within fifteen days from the date of occurrence of such vacancy and shall be filled within four months from that date.
(b) A member elected in a casual vacancy shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
(c) No casual election shall be held to a Gram Panchayat within six months before the date on which the term of office of its members expires by efflux of time.
Section 14 Election and term of office of Sarpanch
(1) There shall be a Sarpanch for every Gram Panchayat, who shall be elected in the prescribed manner by the persons whose names appear in the electoral roll for the Gram Panchayat, from among themselvesA person shall not be qualified to stand for election as Sarpanch, unless he is not less than twenty one years of age:
Provided that a Member of the Legislative Assembly of the State or of either House of Parliament who is elected to the office of Sarpanch or Upa sarpanch shall cease to hold such office unless within one month from the date of election to such office he ceases to be a Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.
(2) The election of the Sarpanch may be held at the same time and in the same place as the ordinary elections of the members of the Gram Panchayat.
(3) Save as otherwise expressly provided in, or prescribed under this Act, the term of office of the Sarpanch who is elected at an ordinary election shall be five years from the date appointed by the Election Authority for the first meeting of the Gram Panchayat after the ordinary election.
(4) Subject to the provisions of sub section (5) any casual vacancy in the office of the Sarpanch shall be filled within one hundred and twenty days from the date of occurrence of such vacancy, by a fresh election under sub section (1); and a person elected as Sarpanch in any such vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
(5) Unless the Commissioner otherwise directs, no casual vacancy in the office of the Sarpanch shall be filled within six months before the date on which the ordinary election of the Sarpanch under sub section (1) is due.
(6) The provisions of Sections 18 to 22 shall apply in relation to the office of the Sarpanch as they apply in relation to the office of an elected member of the Gram Panchayat.
(7) The Sarpanch shall be an ex officio member of the Gram Panchayat and shall be entitled to vote at meetings of the Gram Panchayat.
(8) A person shall be disqualified for election as Sarpanch if he is in arrears of any dues, otherwise than in a fiduciary capacity to a Mandal Parishad, or if he is interested in a subsisting contract made with or any work being done for, the Mandal Parishad within whose jurisdiction the Gram Panchayat is situated or any other Gram Panchayat within the jurisdiction of that Mandal Parishad;
Provided that person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in,
(i) a company as a mere shareholder but not as a director; or
(ii) any lease, sale or purchase of immovable property or any agreement for the same; or
(iii) any agreement for the loan of money or any security for the payment of money only; or
(iv) any newspaper in which any advertisement relating to the affairs of any of the aforesaid Gram Panchayat is inserted.
Explanation For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the Mandal Parishad has not performed its part of the contractual obligation.
(9) For every Gram Panchayat, one of the members shall be elected to be Upa Sarpanch by the Gram Panchayat, in the prescribed mannerIf at an election held for the purpose, no Upa Sarpanch is elected, fresh election shall be held:
Provided that before an election of Upa Sarpanch is held, every casual vacancy in the office of an elected member of a Gram Panchayat shall be filled.
(10) A special meeting for the election of the Upa Sarpanch shall be called on the same date on which the results of the ordinary elections to the Gram Panchayat have been publishedThe notice of the meeting for election of Upa Sarpanch shall be given to the members so elected by affixture of the same on the notice board at the office of the Gram Panchayat, immediately after such publication:
Provided that if, for any reason, the election of the Upa Sarpanch is not held on the date aforesaid the special meeting for the election of the Upa Sarpanch shall be held on the next day, whether or not it is a holiday observed by the Gram Panchayat:
Provided further that the Andhra Pradesh Election Commission for Local Bodies] may, from time to time, for reasons to be recorded in writing direct or permit the holding of the election of the Upa Sarpanch on any other day.
Section 15 Reservation of office of Sarpanch
(1) Out of total number of offices of Sarpanch in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve,
(a) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the conditions that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or as the case may be Scheduled Tribes in the State bears to the total population of the State; and such seats may be allotted by rotation to different Gram Panchayats in the State;
(b) [x x x x x]
(c) not less than one third of the total number of offices reserved under Clause (a) and sub section (2) for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be, Backward Classes; and
(d) not less than one third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State; for women; and such offices may be allotted by rotation to different Gram Panchayats in the State.
(2) In addition to the reservation of offices of Sarpanch under sub section (1), there shall be reserved for the Backward Classes such number of Offices of Sarpanch as may be allocated to them in each mandal in the manner prescribed; so however, that the number of Offices of Sarpanchas in the State reserved for Backward Classes shall not be less than thirty four percent of the total number of offices of Sarpanchas of Gram Panchayats in the StateThe number of offices of Sarpanchas allocated for reservation to each Mandal shall be allotted by rotation to different Gram Panchayats in the Mandal:
Provided that it shall be competent for the Government to make special provision with regard to the manner and quantum of seats to be reserved for Backward Classes in the Gram Panchayats situated in the Scheduled areas, by rules made in this behalf.
Section 16 Fresh elections in certain cases
(1) If at an ordinary or casual election, no person is elected to fill a vacancy, a fresh election shall be held on such day as the officer or authority authorised by the Andhra Pradesh Election Commissioner for Local Bodies in this behalf, may fix.
(2) The term of office of a member of a Gram Panchayat elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.
Section 17 Qualification of candidates
No person shall be qualified for election as a member of a Gram Panchayat unless his name appears on its electoral roll and he is not less than twenty one years of age.
Section 18 Disqualification of certain office holders etc
(1) No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government and no office bearer of any body constituted under a law made by the Legislature of the State or of Parliament shall be qualified for being chosen as or for being a member of a Gram Panchayat
Explanation For the purpose of this section the expression "village servant" means in relation to,
(i) the Andhra Area, any person who holds any of the village offices of nearaganti, neeradi, vetti, kawalkar toti, talayar, tandalagar, sathsindhi or any such village office by whatever designation it may be locally known;
(ii) the Telangana Area, any person who holds any of the village offices of neeradi, kawalkar, sathsindhi or any such village office by whatever designation it may be locally known.
(2) A person who having held an office under the Government of India or under the Government of any State or under any local authority has been dismissed for corruption or for disloyalty to the State or to the local authority shall be disqualified for a period of five years from the date of such dismissal.
(3) For the purposes of sub section (2), a certificate issued by the Andhra Pradesh Election Commissioner for Local Bodies to the effect that a person having held office under the Government of India or under the Government of State or under any local authority has or has not been dismissed for corruption or for disloyalty to the State or to the local authority shall be conclusive proof of that fact:
Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State or to the local authority shall be issued unless an opportunity of being heard has been given to the said person.
(4) x x x
(5) Apart from the disqualifications specified in sub sections (1), and (2) of this section and Sections 19 and 20, a person shall be disqualified for being chosen as and for being, a member of a Gram Panchayat, if he is otherwise disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:
Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years; Provided further that where a person is convicted for an offence specified under sub section (1) or sub section (2) of Section 8 of the Representation of Peoples Act, 1951(43 of 1951), or under Section 19 of this Act, while he is a member or officebearer of a Gram Panchayat, Mandal Parishad or Zilla Parishad, the disqualification arising out of such conviction shall not take effect until the expiry of the time for filing an appeal against such conviction and where an appeal is filed until the disposal of the appeal;
Provided also that a person convicted for an offence under sub section (1) of Section 8 of the Representation of People Act, 1951 (43 of 1951), shall be disqualified for being chosen as or for continuing as a member of a Gram Panchayat, Mandal Parishad or a Zilla Parishad for a period of six years from the date of conviction and a person convicted under sub section (2) thereof shall be disqualified for a period of six years from the date of conviction and for a further period of five years from the date of release.
Section 19 Disqualification of Candidates
(1) A person who has been convicted by a Criminal Court,
(a) for an offence under the Protection of Civil Rights Act, 1955 (22 of 1955); or
(b) for an offence involving moral delinquency; shall be disqualified for election as a Member for a period of five years from the date of conviction or where he is sentenced to imprisonment while undergoing sentence and after a period of five years from the date of expiration thereof.
(2) A person shall be disqualified for being chosen as a member if on the date fixed for scrutiny of nominations for election, or on the date of nomination under sub section (2) of Section 16 he is
(a) of unsound mind and stands so declared by a competent court;
(b) a deaf mute or suffering from leprosy;
(c) an applicant to be adjudicated an insolvent or an undischarged insolvent;
(d) interested in a subsisting contract made with, or any work being done for, the Gram Panchayat, Mandal Parishad, Zilla Parishad or any State or Central Government; Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in
(i) a company as a mere shareholder but not as a director;
(ii) any lease, sale or purchase of immovable property or any agreement for the same; or
(iii) any agreement for the loan of money or any security for the payment of money only; or
(iv) any newspaper in which any advertisement relating to the affairs of the Gram Panchayat is inserted
Explanation For the removal of doubts, it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the Gram Panchayat, Mandal Parishad, Zilla Parishad, the State or Central Government has not performed its part of the contractual obligations;
(e) employed as paid legal practitioner on behalf of the Gram Panchayat or as legal practitioner against the Gram Panchayat;
(f) employed as a manager or secretary of any Company or Corporation (other than a Co operative Society) in which not less than twenty five per cent of the paid up share capital is held by the State Government;
(g) an honorary Magistrate under the Code of Criminal Procedure, 1973, (2 of 1974) with jurisdiction over any part of the village;
(h) already a member of the Gram Panchayat whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the Gram Panchayat whose term of office has not yet commenced;
(i) in arrears of any dues including the sums surcharged otherwise than in a fiduciary capacity, to the Gram Panchayat upto and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired:
Section 19A Disqualification on ground of Corrupt practice or election offences
Any person who is convicted of any offence punishable under Chapter IX-A of the Indian Penal Code, 1860, (Central Act 45 of 1860) and any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed in accordance with Section 233, or any person convicted of an offence punishable under Chapter II of Part V 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.
Section 19B Disqualification for failure to lodge account of election expenses
If the State Election Commission is satisfied that a person,
(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and
(b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the Andhra Pradesh Gazette, declare him,
(i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and
(ii) to have ceased to hold office; in case he is elected
Provided that where any person has paid such dues into the Government treasury or into a bank approved by the Government to the credit of the Gram Panchayat Fund and obtained a challan or receipt therefor in token of such payment, he shall not be disqualified to become a member of the Gram Panchayat on and from the date of such payment.
(3) A person having more than two children shall be disqualified for election or for continuing as member:
Provided that the birth within one year from the date of commencement of the Andhra Pradesh Panchayat Raj Act, 1994 hereinafter in this section referred to as the date of such commencement, of an additional child shall not be taken into consideration for the purposes of this section:
Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this section for so long as the number of such commencement does not increase;
Provided also that the Government may direct that the disqualification in this section shall not apply in respect of a person for reasons to be recorded in writing.
Section 20 Disqualification of members
Subject to the provisions of Section 22, a member shall cease to hold office as such if he
(a) is or becomes subject to any of the disqualifications specified in Section 19;
(aa) is elected as a member to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes on the basis of a community certificate and subsequently the said community certificate is cancelled under Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993.(Act 16 of 1993).
(b) absents himself from the meetings of the Gram Panchayat for a period of ninety days, reckoned from the date of the commencement of his term of office, or of the last meeting which he attended, or of his restoration to office as member under sub section (1) of Section 21, as the case may be, or if within the said period, less than three ordinary meetings have been held, absents himself from three consecutive ordinary meetings held after the said date: Provided that in the case of a woman member, a period of not more than four months at a time shall be excluded in reckoning the period of absence aforesaid, if for reasons of physical disability due to advanced stage of pregnancy and delivery, such member absents herself from meetings after giving a written intimation to the Executive Authority of the date from which she would be absent:
Provided further that no meeting from which a member absented himself shall be counted against him under this clause if
(i) due notice of that meeting was not given to him in the prescribed manner; or
(ii) the meeting was held on a requisition of members.
Explanation For the purpose of this clause,
(i) "Ordinary meeting" shall mean a meeting held after giving a notice of atleast three days before the day of the meeting;
(ii) Where a meeting other than an ordinary meeting intervenes between one ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being consecutive to each other.
Section 21 Restoration of members to office
(1) Where a person ceased to be a member under Section 18 or Clause (a) of Section 20 read with Section 19, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the conviction or the sentence is annulled on appeal or revision or the disqualification caused by the sentence is removed by an order of the Government; and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.
(2) Where a person incurs the disqualification specified under Clause (b) of Section 20, the Executive Authority shall forthwith send a report in that regard to the District Panchayat Officer concerned, who shall, on satisfying himself after due verification, that the person has ex facie ceased to be a member, intimate that fact by registered post to the member concerned and report the same to the Gram Panchayat forthwithIf such member applies for restoration of his membership to the Gram Panchayat within thirty days of the receipt by him of such intimation, he shall be deemed to have been restored to his membership and the executive authority shall report the fact of such restoration to the Gram Panchayat at its next meeting:
Provided that a member who is so restored to his membership again incurs the disqualification under the said clause (b), the Gram Panchayat may, on his application for restoration filed within a period of thirty days of the receipt by him of the intimation from the District Panchayat Officer regarding the disqualification restore him to his membership.
Section 22 Authority to decide questions of disqualifications of members
(1) Where an allegation is made that any person who is elected as a member of a Gram Panchayat is not qualified or has become disqualified under Section 17, Section 18, Section 19 or Section 20 by any voter or authority to the Executive Authority in writing and the Executive Authority has given intimation of such allegation to the member through the District Panchayat Officer and such member disputes the correctness of the allegation so made, or where any member himself entertains any doubt whether or not he has become disqualified under any of those sections, such member or any other member may, and the Executive Authority, at the direction of the Gram Panchayat or the Commissioner shall, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, apply to the District Munsif having jurisdiction over the area in which the office of the Gram Panchayat is situated for decision.
(2) Pending such decision, the member shall be entitled to act as if he is qualified or were not disqualified.
(3) Where a person ceases to be the Sarpanch or Upa Sarpanch of a Gram Panchayat as a consequence of his ceasing to be a member of the Gram Panchayat under Clause (b) of Section 20 and is restored later to his membership of the Gram Panchayat under sub section (2) of Section 21, he shall, with effect from the date of such restoration, be deemed to have been restored also to the office of Sarpanch or Upa Sarpanch, as the case may be.
Section 23 Resignation of members, Upa Sarpanch, Sarpanch
(1) The Sarpanch, Upa Sarpanch or any member may resign his office in the manner prescribed.
(2)(a) Notwithstanding that the resignation of a person from the office of Sarpanch has taken effect under sub section (1), the Commissioner may by notification record a finding, with reasons therefor, that such a person is guilty of wilful omission or refusal to carry out, or disobedience of, the provisions of the Act or any rules, bye laws, regulations or lawful orders made thereunder or abuse of the powers vested in him, while he held the office of Sarpanch:
Provided that the Commissioner shall, before issuing such notification give the person concerned an opportunity for explanation: Provided further that no action under this clause shall be taken after the expiration of one year from the date on which the resignation has taken effect
(b) A person aggrieved by the notification issued under Clause (a) may, within thirty days from the date of publication of such notification prefer an appeal to the Government and the Government shall in case the appeal is allowed, cancel such notification.
(c) A person in respect of whom a notification was issued under Clause (a) shall, unless the notification is cancelled under Clause (b), be ineligible for election as Sarpanch for a period of three years from the date of publication of such notification.
Section 24 Cessation of Upa Sarpanch
The Upa Sarpanch shall cease to hold the office as such on the expiry of his term of office as a member of the Gram Panchayat or on his otherwise ceasing to be such member.
Section 25 Powers and functions of the Sarpanch
Save as otherwise provided by or under this Act, the Sarpanch shall
(a) make arrangements for the elections of the Upa Sarpanch within one month from the date of occurrence of the vacancy;
(b) have full access to the records of the Gram Panchayat;
(c) exercise administrative control over the executive officer, if there is one, for the purpose of implementation of the resolutions of the Gram Panchayat or any committee thereof;
(d) exercise all the powers and perform all the functions specifically conferred or imposed on the Sarpanch by this Act or the rules made thereunder;
(e) have power to require any Village Development Officer of any village within the jurisdiction of the Gram Panchayat to furnish any information on any matter falling within such categories as may be prescribed in respect of such village or any person or property therein, required for the purpose of this Act;
(f) intimate to the District Panchayat Officer, every case where any member has incurred any disqualification under Sections 16 to 20; and
(g) act only within the terms of sanction given in any resolution of the Gram Panchayat.
Section 26 Devolution and delegation of Sarpanch s powers and functions and filling up of vacancies in the office of Sarpanch
(1) When the office of Sarpanch is vacant, the Upa Sarpanch shall exercise the powers and perform the functions of the Sarpanch until a new Sarpanch is declared elected and assumes office.
(2) If the Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of the Sarpanch, or is incapacitated for more than fifteen days, his powers and functions during such absence, restraint or incapacity shall devolve on the Upa Sarpanch.
(3) When the Sarpanch is under suspension or when the office of Sarpanch is vacant or the Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of Sarpanch or is incapacitated for more than fifteen days and the Upa Sarpanch also is under suspension or there is either a vacancy in the office of Upa Sarpanch or the Upa Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of the Upa Sarpanch or is incapacitated for more than fifteen days, the powers and functions of the Sarpanch shall devolve on a member of Gram Panchayat appointed by the Commissioner in this behalf The member so appointed shall be styled as the temporary Sarpanch and he shall exercise the powers and perform the functions of the Sarpanch until a new Sarpanch or Upa Sarpanch is declared elected or either the Sarpanch or the Upa Sarpanch ceases to be under suspension or returns to jurisdiction or ceases to be restrained by an order of a Court or recovers from his incapacity, as the case may be.
(4) The Upa Sarpanch or the temporary Sarpanch appointed under sub section (3) shall report to the District Panchayat Officer, any vacancy in the office of Sarpanch within one month from the date of occurrence of such vacancy.
(5) Subject to such rules as may be prescribed, the Sarpanch may, by an order in writing, delegate any of his powers and functions, with such restrictions and conditions as may be specified in the order, to the Upa Sarpanch or in case there is a vacancy in the office of Upa Sarpanch or the Upa Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising his powers and performing his functions to any member.
(6) The reference to the powers and functions of Sarpanch in sub sections (1), (2), (3) and (5) shall, where he is also the Executive Authority, be deemed to include a reference to his powers and functions as Executive Authority.
(7) The exercise of any powers or the performance of any functions devolving on the Upa Sarpanch under sub section (2) or delegated to the Upa Sarpanch or any member under sub section (5), shall be subject to the control and revision by the Sarpanch.
Section 27 Removal of temporary Sarpanch
The Commissioner may, by order, for sufficient cause to be specified therein, remove the temporary Sarpanch appointed under sub section (3) of Section 26 after giving him an opportunity to show cause against such removal.
Section 28 Rights of individual members
(1) Any member may call the attention of the Executive Authority to any neglect in the execution of Gram Panchayat work, to any waste of Gram Panchayat property or to the wants of any locality and may suggest any improvements which may appear desirable and thereupon, the executive authority, shall explain at the next meeting of the Gram Panchayat, the action, if any, that has been taken or is proposed to be taken with reference to, the matter to which attention has been called, or the improvements suggested by the member.
(2) Every member shall have the right to move resolutions and to interpellate the Sarpanch on matters connected with the administration of the Gram Panchayat, subject to such rules as may be prescribed.
(3) Every member shall have access during office hours to the records of the Gram Panchayat after giving due notice to the Executive Authority, provided that the Executive Authority, may, for reasons given in writing, forbid such access
Provided that the member who has been denied such access may prefer an appeal to the Extension Officer (Panchayats) whose decision thereon shall be final.
Section 29 No Sarpanch, Upa Sarpanch or members to receive remuneration
No Sarpanch, Upa Sarpanch or member shall receive, or be paid from the funds at the disposal of or under the control of the Gram Panchayat, any salary or other remuneration for services rendered by him whether in his capacity as such or in any other capacityNothing in this section shall prevent the Sarpanch from receiving any honorarium fixed by order, by the Government.
Section 30 Appointment of executive officers for certain Gram Panchayats
(1) A whole time or a part time executive officer shall be appointed by the Commissioner for any Gram Panchayat or for any group of contiguous Gram Panchayats which may be notified by him in this behalf:
Provided that before notifying a group of Gram Panchayats under this sub section, the Commissioner shall obtain the approval of the Government.
(2) In the case of every Gram Panchayat not so notified and also in the case of any Gram Panchayat so notified, if there is no executive officer incharge, the Sarpanch of the Gram Panchayat shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the executive officer.
(3) Save as otherwise prescribed no executive officer appointed under sub section (1) shall undertake any work unconnected with his office without the sanction of the Government.
(4) The executive officer shall be subordinate to the Gram Panchayat.
Section 31 Functions of Executive Officer
(1) The Executive Officer if there is one, or the Village Development Officer having jurisdiction over the Gram Panchayat shall, with the approval of, or on the direction of the Sarpanch, convene the meetings of the Gram Panchayat so that at least one meeting of the Gram Panchayat is held every month and if the Executive Officer, or as the case may be the Village Development Officer, fails to discharge that duty, with the result that no meeting of the Gram Panchayat is held within a period of ninety days from the last meeting he shall be liable to disciplinary action under the relevant rules:
Provided that where the Sarpanch fails to give his approval for convening the meeting so as to hold a meeting within the period of ninety days aforesaid, the Executive Officer or as the case may be the Village Development Officer shall himself convene the meeting in the manner prescribed.
(2) The Executive Officer shall ordinarily attend to the meetings of the Gram Panchayat or of any committee thereof and shall be entitled to take part in the discussions thereat, but he shall not be entitled to vote or to move any resolution.
Section 32 Functions of the executive authority
The executive authority shall
(a) be responsible for implementing the resolutions of the Gram Panchayat and of the Committee thereof: Provided that where the Executive Authority considers that a resolution has not been legally passed or is in excess of the powers conferred by this Act or that if carried out, it is likely to endanger human life or health or the public safety, the Executive Authority shall
(i) where he is the Sarpanch directly;
(ii) where he is not the Sarpanch, through the Sarpanch, refer the matter to the Commissioner for orders, and his decision shall be final;
(b) control all the officers and servants of the Gram Panchayat;
(c) exercise all the powers and perform all the functions specifically conferred or imposed on the executive authority by or under this Act and subject to all restrictions and conditions imposed by or under this Act, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfilment of the purpose thereof.
Section 33 Emergency powers of Sarpanch
In case of emergency, the Sarpanch, may, in consultation with the Executive Officer, if any, direct the execution of any work or the doing of any act which requires the sanction of the Gram Panchayat or any of its committees and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this section and the reasons thereof to the Gram Panchayat or the concerned committee at its next meeting:
Provided that he shall not direct the execution of any work or the doing of any act in contravention of any order of the Government.
Section 34 Exercise of functions of executive authority by Health Officer in certain cases
The Commissioner may, by general or special order, authorise the Health Officer of the District to exercise such of the functions of an executive authority under this Act in such area and subject to such restrictions and conditions and to such control and revision as may be specified in such order.
Section 35 Delegation of functions of executive authority
Subject to such restrictions and control as may be prescribed, the Executive Authority may, by an order in writing, delegate any of his functions as such
(i) if he is the Sarpanch, to the Upa sarpanch and in the absence of the Upa Sarpanch, to any other member;
(ii) if he is not the Sarpanch to the Sarpanch; in the absence of the Sarpanch, to the Upa Sarpanch and in the absence of both Sarpanch and the Upa Sarpanch to any other member.
The exercise or discharge of any functions so delegated shall be subject to such restrictions and conditions as may be laid down by the Executive Authority and shall also be subject to his control and revision
Section 36 Officers and other employees of Gram Panchayat
(1) Subject to such rules as may be made under the proviso to Article 309 of the Constitution, the Government, shall fix and may alter the number, designations and grades of and the salaries, fees and allowances payable to such officers and other employees of a Gram Panchayat as may be prescribed.
(2) The Government shall, pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions if any towards provident fund or pension cum provident fund of the officers and other employees referred to in sub section (1).
(3) The classification and methods of recruitment, conditions of service, pay and allowances, and discipline and conduct of the officers and employees referred to in sub section (1) shall be regulated in accordance with such rules as may be made under the proviso to Article 309 of the Constitution.
(4) Every holder of the post specified in sub section (1), who is appointed immediately before the commencement of this Act, shall, notwithstanding anything in this Act, continue to hold such post, subject to such rules as may be made under the proviso to Article 309 of the Constitution; and until provision in that behalf is so made, the law for the time being in force regulating the recruitment and conditions of service applicable to such holder immediately before such commencement shall continue to apply to such holder.
(5) All officers and other employees of the Gram Panchayats shall be subordinate to the Gram Panchayat.
(6) The Government may, from time to time, by order, give such directions to any Gram Panchayat or any officer, authority or person thereof, as may appear to them to be necessary for the purpose of giving effect to the provisions of this section and Section 30; and the Gram Panchayat, officer, authority or person shall comply with all such directions.
(7) The provisions of this section shall also apply to the public health establishment of Gram Panchayat, notwithstanding anything in the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act 3 of 1939), or any other law similar thereto for the time being in force in the State.
(8) Subject to such rules as may be made under the proviso to Article 309 of the Constitution the Commissioner may appoint such engineering and other staff as he considers necessary for the purposes of any Gram Panchayat or two or more Gram Panchayats.
Section 37 Presidency at meetings
Save as otherwise provided by or under this Act, every meeting of a Gram Panchayat shall be presided over by the Sarpanch, in his absence by the Upa Sarpanch and in the absence of both the Sarpanch and Upa Sarpanch, by a member chosen by the meeting to preside for the occasion.
Section 38 Minutes of proceedings
The minutes of the proceedings at every meeting of a Gram Panchayat shall be recorded and action taken thereon in the manner prescribed.
Section 39 Power to call for records
A Gram Panchayat or a committee thereof may, at any of its meetings, require the Executive Authority to furnish any document in his custody, in so far as such document relates to any of the subjects included in the agenda for such meeting and the Executive Authority shall comply with every such requisition.
Section 40 Beneficiary Committees and functional committees
(1) For every Gram Panchayat there shall be a Committee by name "Beneficiary Committee" for the execution of the work of the Gram PanchayatThe composition, including co option of persons who are not members of the Gram Panchayat and the powers and functions and other related matters of the Beneficiary Committee, shall be such as may be prescribed.
(2) For every Gram Panchayat there shall be constituted functional committees respectively for agriculture, public health, water supply, sanitation, family planning, education and communication and for any other purposes of this Act.
(3) The constitution including co-option of persons who are not members of the Gram Panchayat and powers of a functional committee shall be in accordance with such rules as may be prescribed.
Section 41 Proceedings of Gram Panchayats and committees
(1) The proceedings of every Gram Panchayat and of all committees thereof shall be governed by such rules as may be prescribed and by regulations, not inconsistent with such rules or the provisions of this Act, made by the Gram Panchayat with the approval of the Commissioner.
(2) The Commissioner shall have power to add to, omit or alter any regulations submitted for his approval under sub section (1).
(3) The rules that may be prescribed under sub section (1) may provide for preventing any member or Sarpanch or any member or Chairperson of a Committee from voting on, or taking part in the discussion of any matter in which apart from its general application to the public, he has any direct or indirect pecuniary interest whether by himself or through some other person, or from being present or presiding at any meeting of the Gram Panchayat or of the committee during the discussion of any such matter.
Section 42 Appointment of Joint Committees
A Gram Panchayat may, and if so required by the Government shall, join with one, or more than one, other local authority in constituting a joint committee for any purpose in which they are interested or for any matter for which they are jointly interested or for any matter for which they are jointly responsibleThe composition, powers and functions and other incidental and consequential matters shall be such as may be prescribed.
Section 43 Administration report
The Executive Authority of every Gram Panchayat shall prepare a report on its administration for each year, as soon as may be after the close of such year and not later than prescribed date, in such form and with such details as may be prescribed and place it before the Gram Panchayat for its consideration.
Section 44 Powers of inspecting and superintending officers and of the Government
(1) The Commissioner shall supervise the administration of all Gram Panchayats in the State and shall also exercise the powers and perform the functions vested in him by or under this Act.
(2)
(a) The Government may appoint such other officers as they may consider necessary for the purpose of inspecting or superintending the operations of all or any of the Gram Panchayats constituted under this Act.
(b) In particular and without prejudice to the generality of the foregoing provision, the Government may appoint District Panchayat Officers, Divisional Panchayat Officers and Extension Officers, (Panchayats) and define the territorial jurisdiction of each such officer.
(c) The Government shall have power to regulate the classification, methods of recruitment, conditions of service, salary and allowances and discipline and conduct of the officers referred to in Clauses (a) and (b) and of the members of their establishment.
(3) The cost of the officers and the members of the establishment aforesaid shall be paid out of the Consolidated Fund of the State.
(4) The District Panchayat Officers, the Divisional Panchayat Officers and the Extension Officers (Panchayats) shall exercise such powers and perform such functions as may be prescribed, or as may be delegated to them under this Act.
(5) The Commissioner or the District Collector or any officer appointed under sub section (2) or any other officer or person whom the Government or the Commissioner or the District Collector may empower in this behalf, may enter on and inspect, or cause to be entered on and inspected --
(a) any immovable property or any work in progress under the control of any Gram Panchayat or Executive Officers;
(b) any school, hospital, dispensary, vaccination station, choultry or other institutions maintained, by or under the control of, any Gram Panchayat and any records, registers or other documents kept in such institution;
(c) the office of any Gram Panchayat and any records, registers or other documents kept therein Gram Panchayats and their Sarpanches, executive authorities, officers and servants shall be bound to afford to the officers and persons aforesaid, such access, at all reasonable times, to Gram Panchayat property or premises, and all documents as may, in the opinion of such officers or persons, subject to such rules as may be prescribed; be necessary to enable them to discharge their duties, under this section.
(6) The Commissioner or any officer or person whom the Government, or the Commissioner may empower in this behalf may;
(a) direct the Gram Panchayat to make provision for and to execute or provide any public work or amenity or service of the description referred to in Section 45;
(b) call for any record, register or other document in the possession, or under the control, of any Gram Panchayat or Executive Authority;
(c) require any Gram Panchayat, or executive authority to furnish any return, plan, estimate, statement, account or statistics;
(d) require any Gram Panchayat, or Executive Authority to furnish any information or report on any matter connected with such Gram Panchayat;
(e) record in writing for the consideration of any Gram Panchayat, or Executive Authority any observations in regard to its or his proceedings or functions.
CHAPTER 2 Powers, Functions and Property of Gram Panchayats
Section 45 Duty of Gram Panchayat to provide for certain matters
(1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a Gram Panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely :
(i) the construction, repair and maintenance of all buildings vested in the Gram Panchayat and of all public roads in the village (other than the roads vested in the Mandal Parishad and Zilla Parishad and the roads classified by the Government as National and State Highways) and of all bridges, culverts, road dams and causeways on such roads;
(ii) the lighting of public roads and public places;
(iii) the construction of drains and their maintenance and the disposal of drainage water and sullage;
(iv) the cleaning of streets, the removal of rubbish heaps, jungle growth and prickly pear, the filling in of the disused wells, insanitary ponds, pools, ditches, pits or hollows and other improvements of the sanitary condition of the village;
(v) the provision of public latrines and arrangements to clean latrines, whether public or private;
(vi) the opening and maintenance of cremation and burial grounds, and the disposal of unclaimed dead bodies of human beings or of animals;
(vii) preventive and remedial measures connected with any epidemic or with malaria;
(viii) the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water works, for the supply of water for washing and bathing purposes and of protected water for drinking purposes;
(ix) the conservation of manurial resources, preparation of compost and sale of manure;
(x) the registration of births and deaths;
(xi) the establishment and maintenance of cattle ponds; and
(xii) all other matters expressly declared obligatory by or under this Act or any other law.
(2) Apart from the matters specified in sub section (1), the Government may, subject to such rules as may be made in this behalf, entrust the Gram Panchayats with any functions in relation to the subjects specified in Schedule I.
(3) The Gram Panchayats shall do resource planning at village level.
(4) No suit for damages for failure or for enforcement of the duty to make provision in respect of any of the matters in sub section (1) shall be maintainable against any Gram Panchayat, Executive Authority, officer or servant of the Gram Panchayat.
Section 46 Power of Gram Panchayat to provide for certain other matters
Subject to the provisions of this Act and the rules made thereunder, a Gram Panchayat may also make such provision as it thinks fit for carrying out the requirements of the village in respect of the following matters, namely:
(i) the construction and maintenance of dharmashalas, sarais and rest houses for travellers;
(ii) the planting and preservation of groves and trees on the sides of roads and other public places;
(iii) the promotion and development of pre primary education, elementary education, social and health education, cottage industries and trade;
(iv) the establishment and maintenance of dispensaries and the payment of subsidies to rural medical practitioners;
(v) the establishment and maintenance of wireless receiving sets, play grounds, akhadas, clubs and other centres for recreation and physical culture;
(vi) the laying and maintenance of parks;
(vii) the establishment and maintenance of libraries and reading rooms;
(viii) the provision of relief to the crippled, the destitute and the sick;
(ix) the establishment and maintenance of nurseries and stores of improved seeds and agricultural implements, of the production and distribution of improved seeds, pesticides and insecticides and the holding of agricultural shows including cattle shows;
(x) the propagation of improved methods of cultivation in the village including laying out of demonstration plots with a view to increasing production;
(xi) the encouragement of co operative management of lands in the village and the organisation of joint co operative farming; and the promotion of co operatives for the manufacture of bricks, tiles, hinges, doors, windows, rafters or other building materials as provided in the village housing project schemes sponsored by the Central Government;
(xii) the establishment and maintenance of warehouses and granaries;
(xiii) the establishment and maintenance of cattle sheds;
(xiv) the extension of village sites;
(xv) the improvement of cattle including purchase and maintenance of stud bulls and the provision of veterinary relief;
(xvi) the control of fairs, jataras and festivals
(xvii) the organisation of voluntary labour for community development works in the village;
(xviii) the establishment and maintenance of maternity and child welfare centres;
(xix) the organisation of watch and ward;
(xx) the provision of relief against famine or other calamities;
(xxi) the destruction of stray and ownerless dogs;
(xxii) the preparation of statistics of unemployment;
(xxiii) the opening and maintenance of public markets;
(xxiv) the opening and maintenance of public slaughter houses;
(xxv) the implementation of land reform measures in the village including consolidation of holdings and soil conservation;
(xxvi) the setting up of organisation to promote good will and social harmony between different communities, the removal of untouchability, the provision of house sites for harijans, the eradication of corruption, the prohibition of or temperance in the consumption of intoxicating drinks or drugs which are injurious to health and the discouragement of gambling and litigation;
(xxvii) other measures of public utility calculated to promote the safety, health, convenience, comfort or moral, social and material well being of the residents of the village.
Section 47 Maintenance of common dispensaries, child welfare centres etc
Subject to the provisions of this Act and the rules made thereunder, two or more Gram Panchayats may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be prescribed.
Section 48 Transfer of management of forests to Gram Panchayat
(1) Subject to any law for the time being in force the Government may, by notification, transfer to any Gram Panchayat with its consent and subject to such conditions as may be agreed upon, the management and maintenance of a forest adjacent to the village; and they may by a like notification, withdraw management and maintenance of such forest from the Gram Panchayat after giving an opportunity to the Gram Panchayat to make its representation.
(2) When the management and maintenance of any forest is transferred to Gram Panchayat under sub section (1), the income derived by the Gram Panchayat from the forest under its management and maintenance or the expenditure incurred by the Gram Panchayat, for such management and maintenance shall be apportioned between the Government and the Gram Panchayat in such manner as the Government may, by order, determine.
Section 49 Transfer to Panchayats of institutions or works
(1) Subject to such rules as may be prescribed, the Government, the District Collector or the Revenue Divisional Officer, Mandal Parishad or Zilla Parishad or any person or body of persons, may transfer to the Gram Panchayat, with its consent and subject to such conditions as may be agreed upon, the management of any institution, or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty, whether within or without the village, and whether provided for in this Act or not.
(2) When the management of any institution is transferred to the Gram Panchayat under sub section (1), all property, endowments and funds belonging thereto, shall be held by the Gram Panchayat in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time of such transfer.
Section 50 Power of Commissioner of Land Revenue to transfer, resume control of endowments and inams
(1)
(a) Subject to the control of the Government, the Commissioner of Land Revenue may, by notification, make over to a Gram Panchayat, with its consent, the management and superintendence of any charitable endowment in respect of which powers and duties attached to the said Commissioner under the provisions of the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 (Act 35 of 1974) and thereupon all powers and duties attaching to the Commissioner in respect thereof shall attach to the Gram Panchayat as if it had been specifically named in the said Regulation or law, and the Gram Panchayat shall manage and superintend such endowment.
(b) The Commissioner of Land Revenue may of his own motion, and shall on a direction from the Government, by notification in the Andhra Pradesh Gazette, resume the management and superintendence of any endowment made over to a Gram Panchayat under Clause (a) and upon such resumption, all the powers and duties attaching to the Gram Panchayat in respect of the endowment shall cease and determine.
(2) The Government may assign to a Gram Panchayat with its consent a charitable inam resumed by the Government or any authority, provided that the net income from such inam can be applied exclusively to any purpose to which the funds of such Gram Panchayat may be applied; and may revoke any assignment so made.
(3) No order of resumption under Clause (b) of sub section (1) or of revocation under sub section (2), shall be passed unless the Gram Panchayat has had an opportunity of making its representation.
Section 51 Limitation of power to accept donations and trusts
A Gram Panchayat may accept donations for, or trust relating exclusively to the furtherance of any purpose to which its funds may be applied.
Section 52 Maintenance of cattle pounds
(1) Notwithstanding anything in the Cattle Trespass Act, 1871 (Act 1 of 1871)
(i) any cattle pound so transferred to a Gram Panchayat, or a cattle pound established by a Gram Panchayat under this Act, shall be maintained and controlled by the Gram Panchayat;
(ii) a pound keeper for every cattle pound referred to in Clause (i), shall be appointed by the Gram Panchayat; and
(iii) all sums on account of fines and surplus unclaimed sale proceeds realised under the Cattle Trespass Act, 1871 in respect of any cattle pound referred to in Clause (i) shall be credited to the Gram Panchayat fund.
(2) Subject to the provisions of sub section (1), the provisions of the Cattle Trespass Act, 1871 shall, as far as may be, applicable to the cattle pounds referred to in Clause (i) of sub section (1).
Section 53 Vesting of public roads in Gram Panchayat
(1) All public roads in any village, other than National Highways, State Highways and roads vesting in Zilla Parishad or Mandal Parishad shall vest in the Gram Panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage, works, tunnels and culverts, whether made at the cost of the Gram Panchayat fund or otherwise, in along side or under such roads, and all works, materials and things appertaining thereto:
Provided that the Gram Panchayat shall take steps to remove encroachments on, and prevent unauthorised use of, any road other than a National Highway passing through the Gram Panchayat.
(2) The Government may, after giving an opportunity to the Gram Panchayat of making a representation by notification, exclude from the operation of this Act any such public road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notification.
Section 54 Collected sewage etc., to belong to Gram Panchayat
All rubbish, sewage, filth and other matter collected by a Gram Panchayat under this Act shall belong to it.
Section 55 Vesting of communal property or income in Gram Panchayat
Any property or income which by custom belongs to or has been administered for the benefit of the villagers in common, or the holders in common of village land generally or of lands of a particular description or of lands under a particular source of irrigation, shall vest in the Gram Panchayat and be administered by it for the benefit of the villagers or holders aforesaid.
Section 56 Maintenance of irrigation works, execution of kudimaramat etc
(1)
(a) Subject to such conditions and control as may be prescribed, the Government may transfer to any Gram Panchayat the protection and maintenance of any village irrigation work, the regulation of turns of irrigation, or of distribution of water from any such irrigation work to the field depending on it.
(b) Subject to such restriction and control as may be prescribed, the fishery rights in minor irrigation tanks and the right to auction weeds and reeds in such tanks and the right to plant trees on the bunds of such tanks and enjoy the usufruct thereof shall vest in the Gram Panchayat.
(2) The Gram Panchayat shall have power, subject to such restrictions and control as may be prescribed, to execute kudimaramat in respect of any irrigation source in the village and to levy such fee and on such basis for the purposes thereof as may be prescribed: Provided that nothing in this section shall be deemed to relieve the village community or any of its members of its or his liability under the Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858 (Central Act 1 of 1858) or any other law similar thereto for the time being in force in respect of any irrigation source in the village, in case the Gram Panchayat makes default in executing the kudimaramat in respect of that irrigation source.
Section 57 Vesting of the management of ferries in Gram Panchayats etc
(1) Notwithstand ing anything in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli, the management of a public ferry in the Andhra Area, and of a Government ferry in the Telangana area other than a ferry mentioned in sub section (2) shall vest --
(a) in the case of a ferry connecting any public road under the management of a Gram Panchayat and lying wholly within the jurisdiction of that Gram Panchayat, in such Gram Panchayat and in the case of a ferry connecting any public road under the management of a Gram Panchayat and lying within the jurisdiction of more than one Gram Panchayat, in a joint committee of the Gram Panchayats concerned;
(b) in the case of a ferry connecting any public road under the management of a Mandal Parishad and lying wholly within the jurisdiction of that Mandal Parishad in such Mandal Parishad and in the case of ferry connecting any public road under the management of a Mandal Parishad and lying within the jurisdiction of more than one Mandal Parishad in a joint committee of the Mandal Parishad concerned;
(c) in the case of a ferry connecting any public road under the management of a Gram Panchayat or a Mandal Parishad and lying partly within the jurisdiction of a municipality, in a joint committee of the Gram Panchayat or a Mandal Parishad as the case may be, and the Municipality concerned.
(2) The Government may, subject to such conditions as may be agreed upon, transfer the management of any such ferry connecting a National Highway or a State Highway and lying wholly within the jurisdiction of a Gram Panchayat or a Mandal Parishad to such Gram Panchayat or Mandal Parishad and in case the said ferry is lying within the jurisdiction of more than one Gram Panchayat or Mandal Parishad to the Zilla Parishad concerned.
(3) The constitution and powers of the procedure to be adopted by any joint committee referred to in sub section (1) and the method of resolving any difference of opinion arising between the local authorities concerned in connection with the work of such committee shall be in accordance with such rules as may be prescribed.
(4) The income realised by a Zilla Parishad, Mandal Parishad or a Gram Panchayat from any ferry under its management under sub section (1) or sub section (2) shall form part of its fundsThe income realised by joint committee referred to in sub section (1) or by a Zilla Parishad under sub section (2) from a ferry under its management shall be apportioned in equal shares between the local authorities concerned and the amount so apportioned shall form part of the funds of such local authorities
Explanation For the purpose of this section, the expression Public Ferry in relation to the Andhra Area, and the expression Government Ferry in relation to Telangana Area, shall respectively have the meaning assigned to them in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli (Act 2 of 1314F.)
Section 58 Certain Government porambokes to vest in Gram Panchayat, etc
(1) The following porambokes namely grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart stands and topes, which are at the disposal of the Government and are not required by them for any specific purpose shall vest in the Gram Panchayat subject to such restrictions and control as may be prescribed.
(2) The Government may, at any time by notification in the Andhra Pradesh Gazette, direct that any porambokes referred to in sub section (1) shall cease to vest in the Gram Panchayat if it is required by them for any specific purpose and thereupon such porambokes shall vest in the Government.
(3) The Gram Panchayat shall have power, subject to such restrictions and control as may be prescribed, to regulate the use of any other poramboke which is at the disposal of the Government, if the Gram Panchayat is authorised in that behalf by an order of the Government.
(4) The Gram Panchayat may, subject to such restrictions and control as may be prescribed, plant trees on any poramboke the use of which is regulated by it under sub section (3)
ExplanationIf any question arises whether a land is a poramboke or not, for the purposes of this section, the question shall be referred to the Government whose decision thereon shall be final.
Section 59 Acquisition of immovable property required by Gram Panchayat
Any immovable property which any Gram Panchayat may require for the purpose of this Act or any rules made thereunder may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of the 1894) and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the Gram Panchayat.
CHAPTER 3 Taxation and Finance
Section 60 Taxes leviable by Gram Panchayats
(1) A Gram Panchayat shall levy in the village, --
(a) a house tax;
(b) kolagaram, or katarusum that is to say, tax on the village produce sold in the village by weight measurement or number subject to such rules as may be prescribed:
(c) such other tax as the Government may, by notification, direct any Gram Panchayat or class of Gram Panchayats to levy subject to such rules as may be prescribed
Provided that no such notification shall be issued and no such rule shall be made except with the previous approval of the Legislative Assembly of the State.
(2) A duty shall also be levied on transfers of property situated in the area under the jurisdiction of the Gram Panchayat in accordance with the provisions of Section 69.
(3) Subject to such rules as may be prescribed the Gram Panchayat may also levy in the village,
(i) a vehicle tax;
(ii) a tax on agricultural land for a specific purpose;
(iii) a land cess at the rate of two naya paise in the rupee on the annual rental value of all occupied lands which are not occupied by or adjacent and appurtenant to buildings;
(iv) fees for use of porambokes or communal lands under the control of the Gram Panchayat;
(v) fees for the occupation of building including chavadies and sarais under the control of the Gram Panchayat.
(4) Every Gram Panchayat may also levy a duty in the form of a surcharge on the seigniorage fees collected by the Government on materials other than minerals and minor minerals quarried in the village;
Provided that the rate at which such duty shall be levied shall be fixed by the Gram Panchayat with the previous approval of the Government.
(5) Every Gram Panchayat may, with the previous approval of the prescribed authority also levy, in respect of lands lying within its jurisdiction a duty in the form of a surcharge at such rate, not exceeding twenty five naya paise in the rupee, as may be fixed by the Gram Panchayat --
(a) in the Andhra area, on the land cess, leviable under Section 78 of the Andhra Pradesh (Andhra Area) District Boards Act, 1920 (Act XIV of 1920) and on the education tax leviable under Section 37 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982).
(b) in the Telangana Area on the local cess leviable under Section 135 of the Andhra Pradesh (T.A.) District Boards Act, 1955 (1 of 1956) and on the education tax leviable under Section 37 of the Andhra Pradesh Education Act, 1982 (1 of 1982).
(6) Any resolution of a Gram Panchayat abolishing an existing tax or reducing the rate at which a tax is levied shall not be carried into effect without the previous approval of the Commissioner.
Section 61 House tax
(1) The house tax referred to in clause (a) of sub section (1) of Section 60 shall, subject to such rules as may be prescribed, be levied on all houses in the village on any one of the following basis, namely:
(a) annual rental value, or
(b) capital value, or
(c) such other basis as may be prescribed:
Provided that no house tax shall be levied on poultry sheds and annexes thereto which are essential for running the poultry farms.
(2) The house tax shall, subject to the prior payment of the land revenue, if any due to the Government in respect of the site of the house be a first charge upon the house and upon the movable property, if any, found within or upon the same and belonging to the person liable to pay such tax.
(3) The house tax shall be levied every year and shall, save as otherwise expressly provided in the rules made under sub section (1) be paid by the owner within thirty days of the commencement of the yearIt shall be levied at such rates as may be fixed by the Gram Panchayat, not being less than the minimum rates and not exceeding the maximum rates, prescribed in regard to the basis of levy adopted by the Gram Panchayat.
(4) The Government may make rules providing for
(i) the exemption of special classes of houses from the tax;
(ii) the manner of ascertaining the annual or capital value of houses of the categories into which they fall for the purposes of taxation;
(iii) the persons who shall be liable to pay the tax and the giving of notice of transfer of houses;
(iv) the grant of exemptions from the tax on the ground of poverty;
(v) the grant of vacancy and other remissions; and
(vi) the circumstances in which, and the conditions subject to which houses constructed, reconstructed or demolished, or situated in areas included in, or excluded from the village, during any year, shall be liable or cease to be liable to the whole or any portion of the tax.
(5) If the occupier of a house pays the house tax on behalf of the owner thereof, such occupier shall be entitled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to the owner.
Section 62 Levy of house tax on a direction by Government
(1) The Government may, by order published in the Andhra Pradesh Gazette, for special reasons to be specified in such order direct any Gram Panchayat to levy the house tax referred to in clause (a) of sub section (1) of Section 60 at such rates and with effect from such date not being earlier than the first day of the year immediately following that in which the order is published, as may be specified in the order Such direction may be issued in respect of all buildings in a Gram Panchayat or in respect of only buildings belonging to the undertakings owned or controlled by the State Government or Central Government and the buildings belonging to the State Government as may be specified therein.
(2) When an order under sub section (1) has been published, the provisions of this Act relating to house tax shall apply as if the Gram Panchayat had, on the date of publication of such order, by resolution determined to levy the tax at the rate and with effect from the date specified in the order, and as if no other resolution of the Gram Panchayat under Section 60 determining the rate at which and the date from which the house tax shall be levied, had taken effect.
(3) A Gram Panchayat shall not alter the rate at which the house tax is levied in pursuance of an order under sub section (1) or abolish such tax except with the previous sanction of the Government.
Section 63 Tax on advertisements
Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on every advertisement which is so erected, exhibited, fixed, retained, or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as the Gram Panchayat may with the approval of the Zilla Parishad by resolution determine:
Provided that the rates shall be subject to the maximum and minimum prescribed by the Government in this behalf;
Provided further that no tax shall be levied under this section on any advertisement or a notice
(a) of a public meeting; or
(b) of an election to any legislative body or to the Gram Panchayat, Mandal Parishad or Zilla Parishad; or
(c) of a candidature in respect of such an election: Provided also that no such tax shall be levied on any advertisement which is not a sky sign and which
(a) is exhibited within the window of any building; or
(b) relates to the trade or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effect therein or to any sale, entertainment or meeting to be held upon or in the same land or building; or
(c) relates to the name of the land or building upon or over which the advertisement is exhibited or to the name of the owner or occupier of such land or building; or
(d) relates to the business of any railway administration; or
(e) is exhibited within any railway station or upon any wall or other property of a railway administration except any portion of the surface of such wall or property fronting any street.
Explanation IThe word "structure" in this section shall include any movable board on wheels used as an advertisement or an advertisement medium.
Explanation IIThe expression "sky sign" shall in this section, mean any advertisement, supported on or attached to any post, pole, standard frame work or other support wholly or in part upon or over any land, building, wall or structure which, or any part of which shall be visible against the sky from some point in any public place and includes all and every part of any such post, pole, standard frame work or other supportThe expression "sky sign" shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes, of any advertisement upon or over any land, building or structure or upon or over any public place but shall not include --
(a) any flagstaff, pole, vane or weathercock unless adopted or used wholly or in part for the purpose of any advertisement; or
(b) any sign or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building or on the cornice or on blocking course of any wall or to the ridge of a roof;
Provided that such board, frame or other contrivance be of one continuous face and not open work, and does not extend in height more than one metre above any part of the wall or parapet or ridges, to, against or on which it is fixed or supported; or
(c) any advertisement relating to the name of the land or building upon or over which the advertisement is exhibited or to the name of the owner or occupier of such land or building; or
(d) any advertisement relating exclusively to the business of a railway administration and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to railway administration and so placed that it cannot fall into any street or public place; or
(e) any notice of land or building to be sole or let, placed upon such land or building.
Explanation III"Public place" shall, for the purpose of this section, mean any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not.
Section 64 Prohibition of advertisements without written permission of executive authority
(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, boarding or structure within the Gram Panchayat or shall be displayed in any manner whatsoever in any place without the written permission of the executive authority.
(2) The executive authority shall not grant such permission if --
(i) the advertisement contravened any bye law made by the Gram Panchayat under Section 270;
(ii) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub section (2) in the case of an advertisement liable to the advertisement tax, the executive authority shall grant permission for the period to which the payment of the tax relates and no fees shall be charged in respect of such permission:
Provided that the provisions of this section shall not apply to any advertisement relating to the business of a railway administration erected, exhibited, fixed or retained on the premises of such administration.
Section 65 Permission of the executive authority to become void in certain cases
The permission granted under Section 64 shall become void in the following cases namely: -
(a) if the advertisement contravenes any bye law made by the Gram Panchayat under Section 270;
(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of Engineer of the Panchayat Raj and Rural Development Department or the Mandal Parishad Development Officer;
(c) if any material change be made in the advertisement or any part thereof;
(d) if the advertisement or any part thereof falls otherwise than through accident;
(e) if any addition or alteration be made to or in the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, if such addition or alteration involves the disturbance of the advertisement, or any part thereof; and
(f) if the building wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, be demolished or destroyed.
Section 66 Owner or person in occupation to be deemed responsible
Where any advertisement is erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of Section 63 or Section 64 or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or becomes void, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in such contravention, unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance
Section 67 Removal of unauthorised advertisements
If any advertisement is erected, exhibited, fixed or retained contrary to the provisions of Section 63, Section 66 or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or become void, the executive authority may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over, which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed, and the costs thereof shall be recoverable in the same manner as property tax.
Section 68 Collection of tax on advertisements
The executive authority may farm out of the collection of any tax on advertisement leviable under Section 63 for any period not exceeding one year at a time on such terms and conditions as may be determined by the Gram Panchayat
Section 69 Duty on transfers of property
(1) The duty on transfers of property shall be levied by the Government;
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (Central Act 2 of 1899), as in force for the time being in the State, on every instrument of the description specified below, in so far as it relates to the whole or part of immovable property as the case may be, situated in the area under the jurisdiction of a Gram Panchayat; and
(b) at such rate as may be fixed by the Government not exceeding five per centum on the amount specified below against such instrument: Description of instrument Amount on which duty shall be levied
(i) Sale of immovable property The amount or value of the consideration for the sale, as setforth in the instrument or the market value of the property which is the subject matter of the sale, whichever is higher
(ii) Exchange of immovable property The market value of the property of greater value which is the subject matter of exchange
(iii) Gift of immovable property The market value of the property which is the subject matter of the gift
(iv) Mortgage with possession of immovable property The amount secured by the mortgage as setforth in the instrument
(v) Lease for a term exceeding one hundred years or in perpetuity of immovable property An amount equal to one sixth of the whole amount or value of the rents which would be paid or delivered in respect of the first fifty years of the lease, as set forth in the instrument.
(2) On the introduction of the duty aforesaid
(a) Section 27 of the Indian Stamp Act, 1899 (Central Act 2 of 1899) shall be read as if it specifically required the particulars to be setforth separately in respect of property situated in the area under the jurisdiction of a Gram Panchayat and in respect of property situated outside such area; and
(b) Section 64 of the same Act shall be read as if it referred to the Gram Panchayat as well as the Government.
(3) The duty levied under this section shall be apportioned among the Gram Panchayat, Mandal Parishad and the Zilla Parishad concerned in such manner as may be prescribed.
(4) The Government shall make rules for regulating the collection of the duty and the apportionment thereof among the Gram Panchayat, Mandal Parishad and Zilla Parishad concerned and the deduction of any expenses incurred by the Government in the collection thereof.
(5) The Government may by order exempt, subject to such conditions and terms as may be specified therein, any instrument or class of instrument from the levy of duty under this section.
Section 70 Vehicle Tax
The vehicle tax referred to in clause (i) of sub section (3) of Section 60 shall, subject to such rules as may be made in this behalf including rules, relating to the exemptions and restrictions, be levied every year on all vehicles kept or used within the village at such rates as may be fixed by the Gram Panchayat not being less than the minimum rates and not exceeding the maximum rates prescribed
ExplanationIn this section, "vehicle" means a conveyance suitable for use on roads or rails and includes any kind of carriage, cart, wagon, wheel borrows, truck, bicycle, tricycle and rickshaw, but does not include a motor vehicle as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988).
Section 71 Special tax leviable by a Gram Panchayat
Subject to such rules as may be prescribed, a Gram Panchayat shall levy a special tax on houses at such rates as may be prescribed, to provide for expenses connected with the construction, maintenance, repair, extension and improvement of water or drainage works or the lighting of the public streets and public places, and other similar works.
Section 72 Composition of tax payable by owner of a factory or a contiguous group of buildings
Subject to such conditions and restrictions as may be prescribed, a Gram Panchayat may, on application by the owner of a factory or a contiguous group of buildings, permit him to compound all or any of the taxes payable by him under this Act, by paying in lieu thereof such lumpsum amount as may be agreed upon between him and the Gram PanchayatWhere there is no such agreement the matter may be referred to the Government in the manner prescribed and the Government shall, after giving to the Gram Panchayat and the owner of the factory or a contiguous group of buildings concerned an opportunity of making a representation, decide the lumpsum amount payable by the owner of the factory or a contiguous group of buildings under this sectionThe decision of the Government in this regard shall be final
Section 73 Power to write off irrecoverable amounts
Subject to such restrictions and control as may be prescribed, a Gram Panchayat may write off any tax, fee or other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion such tax, fee, amount or sum is irrecoverable:
Provided that where the District Collector or any of his subordinates is responsible for the collection of any tax, fee or other amount due to a Gram Panchayat, the power to write off such tax, fee or amount or any sum payable in connection therewith on the ground of its being irrecoverable, shall be exercised by the Commissioner of Land Revenue or subject to his control by the District Collector or any officer authorised by him.
Section 74 Gram Panchayat Fund
(1) All moneys received by the Gram Panchayat shall constitute a fund called the "Gram Panchayat Fund" and shall be applied and disposed of in accordance with the provisions of this Act and other laws:
Provided that the Gram Panchayat shall credit, subject to such rules as may be prescribed, the proceeds of any tax or fee levied under this Act, to a special fund earmarked for the purpose of financing any specific public improvementA separate account shall be kept of the receipts into and the expenditure from such special fund.
(2) Subject to the provisions of sub section (1), the receipts which shall be credited to the Gram Panchayat fund shall include -
(i) the house tax and any other tax or any cess or fee, levied under this Act;
(ii) the proceeds of the duty collected under sub section (4) of Section 60;
(iii) the proceeds of the duty on transfers of property levied under Section 69 which are paid to the Gram Panchayat;
(iv) any payment made to the Gram Panchayat by a market committee in pursuance of sub section (3) of Section 11 of the Andhra Pradesh (Andhra Area) Commercial Crops Markets Act, 1933 (Act XX of 1933), or any other law similar thereto for the time being in force;
(v) the taxes and tolls levied in the village under Sections 117 and 118 of the Andhra Pradesh (Andhra Area) Public Health Act, 1939; or under the corresponding provision of any other law similar thereto for the time being in force in the State
(vi) any payment made to the Gram Panchayat by the Government under Section 13 of the Andhra Pradesh Entertainments Tax Act, 1939;
(vii) the amount contributed by the Mandal Parishad to the Gram Panchayat in respect of markets in the village classified as Mandal Parishad markets or paid by the Mandal Parishad to the Gram Panchayat towards the latter s share of the income derived from such markets as per the apportionment made under Section 112 and the amount paid by a Zilla Parishad or any of the joint committees referred to in Section 57 to the Gram Panchayat towards the latter s share of the income derived from a ferry under the management of the Zilla Parishad or joint Committee, as the case may be, as per the apportionment made under the said section;
(viii) fees for the temporary occupation of village sites, roads and other similar public places or parts thereof in the village;
(ix) fees levied by the Gram Panchayat in pursuance of any provision in this Act, or any rule or order made thereunder;
(x) income from endowments and trusts under the management of the Gram Panchayat;
(xi) the net assessment on service inams which are resumed by Government after the Commencement of this Act;
(xii) income derived from village fisheries, vested in the Gram Panchayat including the woods and reeds;
(xiii) income derived from ferries under the management of the Gram Panchayat;
(xiv) unclaimed deposits and other forfeitures;
(xv) the seigniorage fees collected by the Government every year from persons permitted to quarry in the village for materials including minor minerals other than major minerals;
(xvi) all income derived from porambokes which vest in the Gram Panchayat or the user of which is regulated by the Gram Panchayat and also the penalty and penal assessment if any, levied in respect of unauthorised occupation thereof under any law for the time being in force;
(xvii) all income derived from trees standing on porambokes although the user of the porambokes is not vested in the Gram Panchayat;
(xviii) income from leases of Government property obtained by the Gram Panchayat;
(xix) a sum equivalent to one tenths of the gross income derived by the Government every year from fines imposed by Magistrates in respect of offences committed in the village under this Act, or any rule or bye law made thereunder or any other provision of law which is prescribed in this behalf;
(xx) grants received from the Government, the Zilla Parishad or Mandal Parishad;
(xxi) income from investments of amounts taken from the Gram Panchayat fund;
(xxii) all other receipts accruing from the sources of Gram Panchayat revenue specified in this Act; and
(xxiii) all sums other than those enumerated above which arise out of, or are received in aid of, or for expenditure on any institutions or services maintained or financed from the Gram Panchayat fund or managed by the Gram Panchayat.
(3) All moneys received by the Gram Panchayat shall be lodged in the nearest Government treasury
Provided that the amounts received as funds under the Jawahar Rozgar Yojana Employment Assurences Scheme or other Wage Employment Schemes shall be lodged in nearby Nationalised banks or Co-operative Banks or PostOffices in such manner as may be prescribed.
(4) All orders or cheques against the Gram Panchayat Fund shall be signed by such authority as may be prescribed.
Section 75 Expenditure from Gram Panchayat Fund
(1) The purposes to which the Gram Panchayat fund may be applied include all objects expressly declared obligatory or discretionary by this Act or any rules made thereunder or by any other laws or rules and the fund shall be applicable thereto within the village subject to such rules or special orders as the Government may prescribe or issue and shall, subject as aforesaid, be applicable to such purposes outside the village if the expenditure is authorised by this Act or specially sanctioned by the Commissioner.
(2) (a) It shall be the duty of every Gram Panchayat to provide for the payment of --
(i) any amounts falling due on any loans contracted by it;
(ii) the salaries and allowances and the pensions, pensionary contributions and provident fund contributions of its officers and servants;
(iii) sums due under any decree or order of a court;
(iv) contributions, if any, levied by the Mandal Parishad subject to such limits as may be specified by Commissioner; and
(v) any other expenses rendered obligatory by or under this Act or any other law.
(3) A Gram Panchayat may, with the sanction of the Government, contribute to any fund for the defence of India.
(4) A Gram Panchayat may, with the sanction of the Commissioner, also --
(i) contribute towards the expenses of any public exhibition, ceremony or entertainment in the village;
(ii) contribute to any charitable fund, or to the funds of any institution for the relief of the poor or the treatment of disease or infirmity or the reception of diseased or infirm persons or the investigation of the causes of disease;
(iii) contribute to the funds of any institution established for promoting community development or the aims of Panchayat Raj; and
(iv) defray any other extraordinary charges.
Section 76 Election expenses to be borne by the Government
The cost of the preparation and revision of the electoral roll, the cost of election expenses, including the conduct of elections to the Gram Panchayat and the cost of maintenance of election establishment employed in connection therewith, shall be borne by the Government
Section 77 Preparation and sanction of budget
(1) The executive authority shall in each year frame before the prescribed date and place before the Gram Panchayat or, the budget showing the probable receipts and expenditure during the following year and the Gram Panchayat shall, within one month of the date on which the budget is placed before it, sanction the budget with such modifications, if any, as it thinks fit:
Provided that if for any reasons, the budget is not sanctioned by the Gram Panchayat under this sub section before the expiration of the period of one month aforesaid, the executive authority shall submit the budget to the Divisional Panchayat Officer, who shall sanction it with such modifications, if any, as he thinks fit.
(2) Where the budget is sanctioned by the Gram Panchayat it shall be forwarded by the executive authority on or before such date as may be prescribed to the Divisional Panchayat OfficerThe Divisional Panchayat Officer shall make such suggestions or modification as he may deem fit within one month from the date of its receipt and return it to the Gram Panchayat which shall consider the same and approve the budget with or without modifications, at a special meeting convened for the purpose, and the Budget so approved at such meeting shall be final.
(3) If in the course of a year a Gram Panchayat finds it necessary to alter figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplemental or revised budget may be framed, sanctioned, submitted and modified in the manner provided in sub sections (1) and (2)
Section 78 Contribution to expenditure by the other local authorities
If the expenditure incurred by the Government or by any other Gram Panchayat or the Mandal Parishad or Zilla Parishad or by any other local authority in the State for any purpose authorised by or under this Act is such as to benefit the inhabitants of the village, the Gram Panchayat may, with the sanction of the Commissioner, and shall if so directed by him, make a contribution towards such expenditure
Section 79 Recovery of loans and advances made by the Government
(1) Notwithstanding anything in the Local Authorities Loans Act, 1914 (Central Act 9 of 1914), or any other law similar thereto for the time being in force, the Government may -
(a) by order direct any person having custody of the Gram Panchayat fund to pay to them in priority to any other charges against such fund, except charges for the service of authorised loans, any loan or advance made by them to the Gram Panchayat for any purpose to which its funds may be applied under this Act;
(b) recover any such loan or advance by suit.
(2) The person to whom the order referred to in clause (a) of sub section (1) is addressed shall be bound to comply with such order.
CHAPTER 4 Public Safety, Convenience and Health
Section 80 Vesting of water works in Gram Panchayats
(1) All public water courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand pipes and other water works (including those used by the public to such an extent as to give a prescriptive right to their use) whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erected at the cost of the Gram Panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not being private property, appertaining thereto shall vest in the Gram Panchayat and be subject to its control:
Provided that nothing in this sub section shall apply to any work which is, or is connected with, a work of irrigation or to any adjacent land appertaining to any such work.
(2) Subject to such restrictions and control as may be prescribed, the Gram Panchayat shall have the fishery rights in any water work vested in it under sub section (1), the right to supply water from any such work for raising seed beds on payment of the prescribed fee, and the right to use the adjacent land appertaining thereto for planting of trees and enjoying the usufruct thereof or for like purpose.
(3) The Government may, by notification, define or limit such control or may, assume the administration of any public source of water supply and public land adjacent and appertaining thereto after consulting, the Gram Panchayat and giving due regard to its objections, if any.
Section 81 Setting apart of public tanks etcfor certain purposes
(1)
(a) The Gram Panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or other articles or fishing in any public spring, tank or well or in any public water course or part thereof and may set apart any such place for drinking or for bathing or for washing animals or clothes or for any other specified purpose.
(b) The powers conferred by clause (a) may, in the case of any private spring, tank, well, or water course, be exercised by the Gram Panchayat, with the consent of the owner of such place.
(c) The Gram Panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or of other articles, in any private spring, tank, well or water course from which the public have a right to take water for drinking purposes.
(2) The executive authority on receipt of a certificate from any health or medical officer in the service of the Government, the Gram Panchayat or the Mandal Parishad or Zilla Parishad stating that the water in any well, tank, spring or other sources of water supply to which the public have access in the village, is likely to endanger or cause the spread of any dangerous disease, shall, by public notice, prohibit the use of such water, such notice shall be served by affixing a copy of it near the source of water supply and by beat by drum stating the number of days during which such prohibition shall lastThe executive authority may modify the notice or extend the period of operation thereof without the production of a further certificate.
Section 82 Prohibition against using places so set apart for purposes other than those notified
No person shall --
(a) bathe in or defile, the water in any place set apart for drinking or cooking purposes either by a Gram Panchayat or in the case of private property, by the owner thereof; or
(b) deposit any offensive or deleterious matter in the bed of any place set apart as aforesaid when such bed is dry; or
(c) wash clothing in any place set apart as aforesaid; or
(d) wash any animal or any cooking utensil or wool, skins, or other foul or offensive substance or deposit any offensive or deleterious matter in any other place set apart as aforesaid or set apart for bathing or for washing clothes; or
(e) allow the water from a sink, sewer, drain, engine or boiler, or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid or set apart for bathing or for washing clothes.
Section 83 Contribution from persons having control over places of pilgrimage etc
Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs or festivals or for other like purposes is situated within the limits of a village or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons any special arrangements necessary for public health, safety or convenience, whether permanent or temporary,shall be made by the Gram Panchayat but the Government may, after consulting the trustee or other person having control over such place, require him to make such recurring or non recurring contribution to the funds of the Gram Panchayat as they may determine.
Section 84 Cleaning of private latrines
The executive authority of a Gram Panchayat may contract with the owner or occupier of any premises to remove rubbish or filth or any particular kind of rubbish or filth, from such premises or any place belonging thereto, on such terms as to times and periods of removal and other matters as may deem fit and suitable to the executive authority and on payment of fees at such rate calculated to cover the cost of the service as the Gram Panchayat may fix.
Section 85 Registration of burial and burning grounds
(1) Every owner or person having the control of any place used at the commencement of this Act as a place for burying, burning or otherwise disposing of the dead, shall, if such place be not already registered under any law applicable thereto, apply to the Gram Panchayat to have such place registered under this Act.
(2) If it appears to such Gram Panchayat that there is no owner or person having the control of such place, the Gram Panchayat shall assume such control and register such place or may close it.
Section 86 Licensing of places for disposal of the dead
(1) No new place for the disposal of the dead whether private or public, shall be opened formed, constructed or used, unless a licence is obtained, from the Gram Panchayat on application.
(2) Such application for a licence shall be accompanied by a plan of the place to be licensed showing the locality, boundary and extent thereof the name of the owner or person or community interested therein the system of management and such further particulars as the Gram Panchayat may require.
(3) The Gram Panchayat to which an application is made, may, in consultation with the District Health Officer --
(a) grant or refuse a licence, or
(b) postpone the grant of licence, until objections if any, to the site, considered reasonable by the Gram Panchayat have been removed or any particulars called for by it have been furnished.
(4) The District Collector may cancel or modify any order passed by Gram Panchayat under sub section (3).
Section 87 Provision of burning and burial grounds
A Gram Panchayat may, and shall, if no sufficient provision exists, provide at the cost of the Gram Panchayat fund, places to be used as burial or burning grounds or crematoria, and may charge rents and fees for the use thereof.
Section 88 A book to be kept of places registered, licensed or provided
(1) A book shall be kept at the office of every Gram Panchayat in which the places registered, licensed or provided under Section 85, Section 86, Section 87 and all such places registered, licensed or provided before the commencement of this Act shall be recorded
(2) A notice in English and in the chief language of the village that such place has been registered, licensed or provided as aforesaid, shall be affixed at or near the entrance to such place conspicuously.
Section 89 Prohibition against burying or burning in unauthorized places
No person shall bury, burn or otherwise dispose of or cause or suffer to be buried, burnt or otherwise dispose of, any corpse in any place within two hundred metres of a dwelling place or any source of drinking water supply other than a place registered, licensed or provided as aforesaid
Section 90 Notices to be given to Gram Panchayat of burials etc
The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal, of a corpse at such place to any person appointed by the Gram Panchayat.
Section 91 Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves
(1) If a Gram Panchayat is satisfied, --
(a) that any registered or licensed place for the disposal of the dead is in such a state or a situation as to be or to be likely to become, dangerous to the health of persons living in the neighbourhood thereof, or
(b) that any burial ground is overcrowded with graves, and if in the case of a public burial or burning ground or other place as aforesaid, another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may, with the approval of Commissioner, give notice that it shall not be lawful, after a period of not less than two months to be specified in such notice, to bury, burn or otherwise dispose of, any corpse at such place.
(2) Every notice given under sub section (1) shall be published by affixture to the notice board in the office of the Gram Panchayat and in the village by beat of drum.
(3) No person shall, in contravention of any notice under this section and after the expiration of the period specified in such notice, bury, burn or other wise dispose of, or cause or permit to be buried, burnt or otherwise disposed of, any corpse at such place.
Section 92 Power to destroy stray pigs or dogs
(1) A Gram Panchayat may and, if so required by the District Magistrate, shall, give public notice that unlicensed pigs or dogs, straying within the specified limits will be destroyed.
(2) When such notice is given, any person may destroy, in any manner not inconsistent with the terms of the notice, any unlicensed pig or dog, as the case may be, found straying within such limits.
Section 93 Prohibition against allowing outflow of filth
No owner or occupier of any premises shall allow the water from any sink, drain, latrine, or stable or any other filth, to flow out of such premises to any portion of a public road except a drain or cess pool or to flow out of such premises in such a manner as to cause nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of such public road.
Section 94 Power as to sanitation and conservancy
(1) If it appears necessary to improve the sanitary conditions of any area within the village, the executive authority may, by written notice, require owner or occupier of any of the lands, and houses in area, within a reasonable period to be specified in the notice,
(a) to remove a hut or privy either wholly or in part;
(b) to construct in a building, private drains therefor or to alter or to remove, any private drain thereof;
(c) to cause any land or building to be cleansed to the satisfaction of the executive authority;
(d) where any land or building contains a well, pool, ditch, pond, tank, or any drain, filth or stagnant water which is injurious to health or offensive to the neighbourhood or is otherwise a source of nuisance, to cause the same to be filled up, cleansed or deepened or to cause the water to be removed therefrom or drained off or to take such other action as may be deemed necessary by the executive authority;
(e) to cause any land overgrown, with vegetation, undergrowth, pricklypear or jungle which is in any manner injurious to health or dangerous to the public or offensive to the neighbourhood or an impediment to efficient ventilation, to be cleared of the vegetation, undergrowth, pricklypear or jungle;
(f) to convert any step well into a draw well: Provided that the executive authority shall hear and decide objections, if any, raised by the person on whom a notice is so served.
(2) If any work required under sub section (1), is not executed within the period specified in the notice the executive authority may himself cause such work to be carried out, and may recover the cost of such work or part thereof from the owner or occupier referred to in sub section (1) in the manner hereinafter provided.
Section 95 Prohibition against working of quarry near public roads
(1) No person shall work a quarry in, or remove stones, earth or other material from, any place within twenty metres of a public road or of other immovable property vesting in or belonging to the Gram Panchayat under a licence issued by a Gram PanchayatThe Gram Panchayat may either grant or refuse to grant a licence and in the later case the reasons for refusal shall be communicated to the person concerned.
(2) If, in the opinion of the Gram Panchayat, the working of any quarry or the removal of stone, earth or other material from any place is dangerous to any person residing in, or having legal access to the neighbourhood thereof, or creates or is likely to create a nuisance, the Gram Panchayat 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 action in respect of such quarry or place as it shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
Section 96 Prohibition against obstruction in or over public roads
No person shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any public road except as hereinafter provided.
Section 97 Prohibition against and regulation of door, gate, bar or ground floor window opening outwards
(1) No door, gate, bar or ground floor window shall, without a licence from the executive authority, be hung or placed so as to open outwards upon any public road vested in the Gram Panchayat.
(2) The executive authority may, by notice, require the owner of such door, gate, bar or ground floor window to alter it, so that no part thereof when open shall project over the public road.
Section 98 Removal of encroachments
(1) The executive authority may, by notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction, other than a door, gate, bar or ground floor window, situated against or in front of such building and in or over any public road vested in such Gram Panchayat.
(2) If the owner or occupier of the building proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any local authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the Gram Panchayat shall make reasonable compensation to every person who suffer damages by the removal or alteration of the same.
Section 99 Power to allow certain projections and erections
(1) The executive authority may, with the approval of the Gram Panchayat, grant a licence, subject to such conditions and restrictions as he may think fit to the owner or occupier of any building to put up verandahs, balconies, sunshades, whether frames and the like, to project over a public road vested in such Gram Panchayat; or to construct any step or drain covering necessary for access to the building.
(2) The executive authority may grant a licence, subject to such conditions and restrictions as he may think fit for the temporary erection of pandal and other structures in a public road vested in such Gram Panchayat; or in any other public place the control of which is vested in such Gram Panchayat.
(3) The executive authority shall have power with the approval of the Gram Panchayat, to lease the roadsides vested in such Gram Panchayat for occupation on such terms and conditions and for such period as the Gram Panchayat may fix.
(4) But neither a licence under sub section (1) nor a lease under sub section (3) shall be granted if the projection, construction or occupation, as the case may be, is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such.
(5) The Government may, by notification, restrict and place under such control as they may think fit the exercise, by any Gram Panchayat of the powers under sub sections (1) and (3).
(6) On the expiry of any period for which a licence has been granted under this section, the executive authority may without notice, cause any projection or construction put up under sub section (2) to be removed, and the cost of so doing shall be recoverable, in the manner hereinafter provided from the person to whom the licence was garanted.
Section 100 Prohibition of building on sewer, drain etc., without permission
(1) No building shall be erected without the written permission of the executive authority or any person authorised by such executive authority, over any sewer or drain or any part of sewer or drain or upon any ground which has been covered, raised or levelled wholly or in part by road sweepings or other rubbish.
(2) The Executive Authority or the person authorised by him as aforesaid may, by notice, require any person who has erected a building without such permission or in a manner contrary to or inconsistent with the terms of such permission, to demolish the same.
Section 101 Prohibition against making holes and causing obstruction in public roads
(1) No person shall make a hole or cause any obstruction in any public road vested in a Gram Panchayat except with the previous permission of the executive authority and subject to such conditions as the executive authority may impose.
(2) When such permission is granted such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction to be sufficiently lighted during the night.
(3) If any person contravenes the provisions of this section, the Executive Authority shall fill up the hole or remove the obstruction or cause the hole or obstruction to be lighted, as the case may be, and may recover the cost of so doing from such person.
Section 102 Prohibition against planting or felling trees on public roads etcwithout permission
(1) No person shall plant any tree on any public road or other property vesting in or belonging to a Gram Panchayat, except with the previous permission of the Executive Authority and on such conditions as the executive authority may impose.
(2) No person shall fell, remove, destroy lop or strip bark, leaves or fruits from, or otherwise damage any tree vesting in or belonging to a Gram Panchayat and growing on any such public road or property, except with the previous permission or order of the executive authority and on such conditions as the executive authority may impose.
Section 103 Recovery of penalty and compensation for unauthorised occupation of land
(1) If any person, without the previous sanction of the Gram Panchayat, occupies any land which is set apart for any public purposes and is vested in or belongs to it, he shall be bound to pay in respect of such occupation such sum as may be demanded by the Gram Panchayat by way of penalty; and any such sum may be recovered in the manner hereinafter provided.
(2) The Executive Authority may, by notice require any person on whom a penalty is or may be imposed under sub section (1) to vacate such land and to remove any building or other construction or anything deposited on it.
(3) If any damage to the property of the Gram Panchayat has been caused by any person occupying any land for which he is liable to pay penalty under sub section (1), he shall be liable to pay compensation to the Gram Panchayat for such damage in addition to and irrespective of any penalty that may be imposed on or recovered from him, and the amount of such compensation, shall in case of dispute be determined and recovered in the manner hereinafter provided.
Section 104 Pubic markets
(1) The Gram Panchayat may provide places for use as public markets and, with the sanction of the Commissioner, close any such market or part thereof.
(2) Subject to such rules as may be prescribed the Gram Panchayat may levy one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any prescribed in this behalf, as the Gram Panchayat may think fit,
(a) fees for the use of, or for the right to expose goods for sale in, such market;
(b) fees for the use of shops, stalls, pens or stands in such markets;
(c) fees on vehicles including motor vehicles as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or pack animals bringing or persons carrying, any goods for sale in such markets;
(d) fees on animals brought for sale into or sold in such markets;
(e) licence fees on brokers, commission agents, weighmen and measures practising their calling in such market.
Section 105 Licence for private markets
(1) No person shall open a new private market or continue to keep open a private market unless he obtains from the Gram Panchayat a lience to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed, as the case may be.
(3) The Gram Panchayat shall, as regards private markets already lawfully established and may, as regards new private markets, grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water supply, width of paths and ways, weights and measures to be used, and rents and fees to be charged in such market, as the Gram Panchayat may think proper; or the Gram Panchayat may, for reasons to be recorded in writing, refuse to grant any such licence for any new private market The Gram Panchayat may, however, at any time for breach of any condition of the licence suspend or cancel the licence granted under this sectionThe Gram Panchayat may also modify any of the conditions of the licence to take effect from a specified date.
(4) When a licence is granted, refused, suspended, cancelled or modified under this section, the Gram Panchayat shall cause a notice of such grant, refusal, suspension, cancellation or modification in the chief language of the village to be pasted conspicuously at or near the entrance to the place in respect of which the licence was sought or had been obtained.
(5) Every licence granted under this section shall expire at the end of the year.
(6) Any person aggrieved by an order of the Gram Panchayat under sub section (3) may appeal against such order to the Commissioner who may, if he thinks fit, suspend the execution of the order, pending the disposal of the appeal.
Section 106 Fee for licence
When a licence granted under Section 104 permits the levy of any fees of the nature specified in sub section (2) of Section 104 a fee not exceeding fifteen per centum of the gross income of the owner from the market in the preceding year, shall be charged by the Gram Panchayat for such licence.
Section 107 Power exercisable by Executive Authority in respect of public markets
The Executive Authority may expel from any public market any person who or whose servant has been convicted of disobeying any bye laws for the time being in force in such market, and may prevent such persons from further carrying on by himself or his servants or agents, any trade or business in such market, or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any shop, stall or place.
Section 108 Powers exercisable by Gram Panchayat in respect of private markets
(1) The Gram Panchayat may by notice, require the owner, occupier, or farmer of any private market to, -
(a) construct approaches, entrances, passages, gates, drains and cess pits for such market and provide it with latrines of such description and in such position and number as the Gram Panchayat may think fit;
(b) roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the Gram Panchayat secure imperviousness and ready cleansing;
(c) ventilate it properly and provide it with an adequate supply of water;
(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the Gram Panchayat may direct;
(e) keep it in a clean and proper state, remove all filth and refuse therefrom and dispose of them at such place and in such manner as the Gram Panchayat may direct; and
(f) make such other sanitary arrangements as the Gram Panchayat may consider necessary.
(2) If any person, after notice given to him in that behalf by the Gram Panchayat, fails within the period and in the manner laid down in the said notice, to carry out any of the works specified in sub section (1), the Gram Panchayat may suspend the licence of the said person, or may refuse to grant him a licence until such work is completed.
(3) It shall not be lawful for any person to keep open any private market during such suspension or until the licence is renewed.
(4) No owner, occupier, agent or manager incharge of any private market, or of any shop, stall, shed or other place therein, shall keep the same so that it is a nuisance or fail to cause anything that is a nuisance in such market, shop, stall, shed or other place to be at once removed to a place to be specified by the Gram Panchayat.
Section 109 Decisions of disputes as to whether places are market
If any question arises as to whether any place is a market or not, the Gram Panchayat shall make a reference thereon to the Government and their decision shall be final.
Section 110 Prohibition of sale in unlicensed private market etc
No person shall sell or expose for sale any animal or article,
(a) in any unlicensed private market; or
(b) in any public or licensed private market without the permission of the Executive Authority or licensee, as the case may be, or of any person authorised by him.
Section 111 Prohibition against sale in or upon public roads
The executive authority may, with the sanction of the Gram Panchayat, prohibit by public notice or licence or regulate, the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof.
Section 112 Classification of markets
(1) The Government shall have power to classify public and private markets situated in a village as Mandal Parishad markets and Gram Panchayat markets and provide for the control of any such market and for the apportionment of the income derived therefrom between the Zilla Parishad, Mandal Parishad and the Gram Panchayat or the payment of a contribution in respect thereof to the Gram Panchayat or the Zilla Parishad or Mandal Parishad, as the case may be.
(2) In the case of markets classified as Mandal Parishad markets, the Gram Panchayat and its executive authority shall not exercise any of the powers conferred on them by Sections 104 to 111 (both inclusive).
Section 113 Vesting of places used as markets situated in estates taken over by the Government
With effect on and from the date of deposit of final compensation under sub section (1) of Section 41 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Roytwari) Act, 1948 (Act XXIV of 1948) in respect of any estates, any place used as a market in such estates, which was vested in the Government under the provisions of the said Act, shall stand transferred to, and vest in, the Gram Panchayat in whose limits such place is situated and, thereupon, the Gram Panchayat shall provide such place for use as a public market.
Section 114 Classification of public roads, fairs and festivals etc
The classification of public roads, fairs, and festivals, choultries, dispensaries and libraries in any Gram Panchayat area as appertaining to the Zilla Parishad, Mandal Parishad or the Gram Panchayat shall be made by the Commissioner in such manner as may be prescribed.
Section 115 Public landing places, cart stands etc
Subject to such rules as may be prescribed the Gram Panchayat may
(a) provide public landing places, halting places, and cart stands (which last expression includes stands for animals and vehicles of any description including motor vehicles) and levy fees for their use:
Provided that it shall be open to the Gram Panchayat to permit any person to compound such fees by paying in lieu thereof such lumpsum amount as may be fixed by the Gram Panchayat;
(b) where any such place or stand has been provided prohibit the use for the same purpose by any person within such distance thereof, of any public place or the sides of any public road, as the Gram Panchayat may, subject to the control of the Commissioner specify.
Section 116 Private cart stands
(1) No person shall open a new private cart stand or continue to keep open a private cart stand unless he obtains from the Gram Panchayat a licence to do soSuch licence shall be renewed every year.
(2) The Gram Panchayat shall as regards private cart stand already lawfully established, and may, at its discretion, as regards new private cart stands grant the licence applied for subject to such conditions as the Gram Panchayat may think fit as to supervision and inspection, conservancy and such other matters as may be prescribed, or the Gram Panchayat may refuse to grant such licence, for any new cart stand.
(3) The Gram Panchayat may modify conditions of the licence to take effect from a specified date.
(4) The Gram Panchayat may at any time suspend or cancel any licence granted under sub section (2) for breach of the conditions thereof.
(5) The Gram Panchayat may levy on every grant or renewal of a licence under this section, a fee not exceeding two hundred rupees.
Section 117 Public slaughter houses
Subject to such rules as may be prescribed, every Gram Panchayat may provide places for use as public slaughter houses and charge rents and fees for their use.
Section 118 Prohibition or regulation of the use of places for slaughtering animals and licensing of slaughterers
The Government shall have power to make rules for,
(a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified in the rules, on all occasions not excepted therein, at places other than public slaughter houses;
(b) licensing persons to slaughter animals specified in the rules for purposes of sale to the public; and
(c) the inspection of slaughter houses and of the meat therein and the payment of remuneration to the officers employed for such inspection.
Section 119 Purposes for which places may not be used without licence
The Gram Panchayat may notify in the prescribed manner, that no place within the limits of the village shall be used for any one or more of the purposes specified in the rules made in this behalf without a licence issued by the Executive Authority in the prescribed manner and except in accordance with the conditions specified in such licence:
Provided that no such notification shall take effect until the expiry of a period of sixty days from the date of publication.
Section 120 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
(1) Every person intending --
(a) to construct or establish any factory workshop or work place in which it is proposed to employ steam power, water power or other mechanical power or electrical power; or
(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant exempted by rules made in this behalf, shall, before beginning such construction, establishment or installation, obtain the permission of the Gram Panchayat in the prescribed manner for undertaking the intended work.
(2) The application to be made under sub section (1) shall conform to such rules and shall be processed in such manner and in consultation with and approval of such authorities and subject to such conditions as may be prescribed.
Section 121 Construction of building
No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed and no addition or alteration shall be made to an existing building without the permission of the Gram Panchayat granted in accordance with the provisions of any rules or bye laws made under this Act, relating to the use of building sites or the construction or reconstruction of buildings:
Provided that the Government may, in respect of all Gram Panchayats or with the consent of the Gram Panchayat, in respect of any particular Gram Panchayat or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of any rules or bye laws made under this Act.
Section 122 Power of Gram Panchayat to issue directions for abatement of nuisance caused by steam or other power
(1) If in any factory, workshop or work place in which steam power, water power or other mechanical power or electrical power is used, nuisance is caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the Gram Panchayat may issue such directions as it thinks fit for the abatement of nuisance within a reasonable time to be specified for the purpose.
(2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the Gram Panchayat may,
(a) prohibit the use of the particular kind of fuel employed, or
(b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work place between the hours of 9.30 P.Mand 5.30 A.M.
Section 123 Form of licences, notices, permissions
All licences, notices, permissions, given, issued or granted, as the case may be, under the provisions of this Act, shall be in accordance with such rules as may be made in this behalf.
Section 124 Power of Government to pass order or give directions
The Government may, either generally or in any particular case, make such order or give such directions as they may deem fit, in respect of any action taken or omitted to be taken under Section 119, Section 120 or Section 122.
Section 125 Modification of the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888
Notwithstanding anything in the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 or any other Act similar thereto for the time being in force in the State, when the Government extend that Act to any village or part thereof,
(a) the authority to whom application shall be made for a licence under that Act in respect of any place or building to be used exclusively for purposes other than the holding of cinematograph exhibitions and who may grant or refuse such licence shall be the Executive Authority, and
(b) the appeal from the order of the Executive Authority granting, refusing, revoking or suspending a licence under that Act shall lie to the Gram Panchayat.
CHAPTER 6 General and Miscellaneous (Gram Panchayats)
Section 126 Power to name streets and number buildings
(1) The Gram Panchayat may, in the manner prescribed, cause a name to be given to any street and shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of such building and in a like manner, may, from time to time, cause such name or number to be altered.
(2) No person shall, without lawful authority, destroy, pull down, or deface any such name or number or any number assigned to any building in any such area.
(3) When a number has been affixed, the owner of the building shall be bound to maintain such number and to replace it if removed or defaced, and if he fails to do so, the prescribed authority may, by notice require him to replace it.
Section 127 General provisions regarding licences and permissions
(1) Every licence and permission granted under this Act or any rule or bye law made under this Act shall specify period, if any, for which, and the restrictions limitations and conditions subject to which the same is granted and shall be signed by the Executive Authority or by some person duly authorised by him in this behalf.
(2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on such units and at such rates as may be fixed by the Gram Panchayat:
Provided that a person who is a barber, washerman, medari or kummara or other village artisan by profession shall not be liable to pay any fees in relation to the licence granted to him for the use of any place in the Gram Panchayat for exercising his profession or transacting his business as such.
(3) Every order of the authority competent under this Act or any rule or bye law made thereunder to pass an order refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds
Provided that every application for a licence or permission under this Act shall be disposed of within fifteen days from the date of receipt thereof or from the date of receipt of approvals or completion of other formalities prescribed failing which it shall be deemed that licence or permission is granted.
(4) Subject to the special provisions regarding private markets, any licence or permission granted under this Act or any rule or bye law made thereunder it may, at any time, after giving the persons concerned an opportunity of making a representation be suspended or revoked by the Executive Authority if any of the restrictions, limitations or conditions laid down in respect thereof is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye law or regulation made under it, in any matter to which such licence or permission relates or if the grantee has obtained the same by misrepresentation or fraud.
(5) It shall be the duty of the Executive Authority to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset, and also between sunset and sunrise, if it is open to the public or any industry is being carried on it at that time; and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, bye laws or regulations, any condition of a licence or permission or any lawful direction or prohibition is being contravened; and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub section by the Executive Authority or any person to whom he has lawfully delegated his powers; or by the use of any force necessary for effecting an entrance under this sub section.
(6) When any licence or permission is suspended or revoked or when the period for which it was granted, or within which application for renewal should be made has expired, whichever expires later, the grantee shall for all purposes of this Act, or any rule or bye law made under this Act, be deemed to be without a licence or permission, until the order suspending or revoking the licence or permission is cancelled or subject to sub section (11) until the licence or permission is renewed as the case may be.
(7) The grantee of every licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same at the request of the Executive Authority.
(8) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration as required by the provisions of this Act or any rule or bye law made thereunder, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the Gram Panchayat the amount of the fee chargeable for the licence or permission or for registration and may, in his discretion, also recover summarily and pay over to the Gram Panchayat such amount, if any, as he may fix, as the costs of the prosecution.
(9) Save as otherwise expressly provided in or may by prescribed under this Act, every application for a licence or permission or for registration under this Act or any rule, bye law or regulation made thereunder or for renewal thereof, shall be made not less than thirty and not more than ninety days before the commencement of the period or such less period as is mentioned in the application.
(10) Recovery of the fee under sub section (8) shall not entitle the person convicted to a licence or permission or to registration as aforesaid.
(11) The acceptance by or on behalf of a Gram Panchayat of the pre payment of the fee for a licence or permission or for registration shall not entitle the person making such pre payment to the licence or permission or of registration, as the case may be but only to refund of the fee in case of refusal of the licence or permission or of registration, but an applicant for the renewal of a licence or permission or registration shall, until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed and save as otherwise specially provided in this Act, if orders on an application for licence or permission or for registration are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the Executive Authority, the application shall be deemed to have been allowed for the period if any, for which it would have been ordinarily allowed and subject to the law, rules, bye laws and regulations and all conditions ordinarily imposed.
Section 128 Appeal from the order of Executive Authority
(1) An appeal shall lie to the Gram Panchayat from
(a) any order of the Executive Authority granting, refusing, suspending or revoking a licence or permission;
(b) any other order of the Executive Authority that may be made appealable by rules made under Section 268.
(2) A second appeal shall lie from the decision of the Gram Panchayat passed in an appeal under sub section (1) to such authority as may be prescribed whose decision thereon shall be final.
Section 129 Limitation of time for appeal
In any case in which no time is fixed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal shall, subject to the provisions of Section 5 of the Indian Limitation Act, 1963 (Central Act 36 of 1963) be presented within thirty days after the date of receipt of the order from which the appeal is preferred.
Section 130 Government and Market Committees not to obtain licences and permission
Nothing in this Act or in any rule, bye law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye law or regulation in respect of any place in the occupation or under the control of the State or Central Government or of a Mandal Parishad or Zilla Parishad or of a Market Committee constituted under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (Act 16 of 1966) or in respect of any property of the State or Central Government or of any property belonging to such Mandal Parishad or Zilla Parishad or Market Committee.
Section 131 Time for complying with notice, order etc., and power to enforce in default
(1) Whenever by any notice, requisition or order under this Act, or under any rule, bye law or regulation made thereunder, any person is required to execute any work to take any measures or to do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done.
(2) If such notice, requisition or order is not complied with within the time so named -
(a) the Executive Authority may cause such work to be executed, or may take any measures or do anything which may in his opinion be necessary for giving due effect to the notice, requisition or order and all expenses thereby incurred by the Gram Panchayat shall be paid by the person or persons upon whom a notice was served and shall be recoverable in the manner hereinafter provided; and further
(b) if no penalty has been specially provided, in this Act for failure to comply with such notice, requisition or order the said person shall be punishable with fine not exceeding fifty rupees for every such offence.
Section 132 Powers of entry and inspection
(1) Subject to such restrictions and conditions as may be prescribed the Executive Authority or any person authorised by him may, between sunrise and sunset on any day enter any place building or land with or without notice and with or without assistants, or workmen in order to make an inquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work which is authorised by the provisions of the Act or of any rule, bye law, regulation or order made under it or which it is necessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under sub section (1) or the use of any force necessary for effecting an entrance under that sub section.
Section 133 Testing of weights and measures
The Executive Authority or any person authorised by him may examine and test the weights and measures used in the markets and shops in the village with a view to the prevention and punishment of offences relating to such weights and measures under Chapter XIII of the Indian Penal Code.
Section 134 Power to call for information from Village Development Officer
(1) The Executive Authority may, by an order in writing require the Village Development Officer having jurisdiction over the Gram Panchayat to furnish him information on any matter falling within such categories as may be prescribed in respect of village within his jurisdiction or any part thereof or any person or property therein and such Village Development Officer shall comply with such order.
(2) The order shall specify the period within which it may be complied with but the Executive Authority may, from time to time, extend such period.
Section 135 Limitation for recovery of dues
No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any tax or other amount due to a Gram Panchayat under this Act or any rule, bye law, regulation or order made under it, after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced as the case may be in respect of such tax or amount.
Section 136 Persons empowered to prosecute
Save as otherwise expressly provided in this Act, no person shall be tried for any offence against this Act or any rule or bye law made thereunder, unless complaint is made within twelve months of the commission of the offence by the police the Executive Authority or person expressly authorised in this behalf by the Gram Panchayat or Executive Authority:
Provided that failure to take out a licence, obtain permission or secure registration under this Act, shall, for the purposes of this section be deemed a continuing offence until the expiration of the period if any, for which the licence, permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.
Section 137 Power to compound offences
(1) The Executive Authority may, subject to such restrictions and control, as may be prescribed compound for a sum not exceeding rupees five hundred, any offence against the provisions of this Act or any rule or bye law made thereunder, which may by rules, be declared compoundable.
(2) On payment of the amount by way of composition no further proceedings shall be taken or continued against the defaulter in regard to the offence or alleged offence so compounded.
(3) Nothing in this section shall apply to election offences.
Section 138 Prosecutions and compositions to be reported to Gram Panchayat
Every prosecution instituted or offence compounded by the Executive Authority shall be reported by him to the Gram Panchayat at its next meeting.
Section 138A Notice of action against Gram Panchyat
(1)Subject to the provisions of Section 138, no suit or other legal proceeding shall be brought against any Gram Panchayat or the Sarpanch or the executive authority or any member, officer or servant of such Gram Panchayat or against any person acting under the direction of such Gram Panchayat, Sarpanch, executive authority, member, officer or servant, in respect of any act done or purporting to be done under this Act or in respect of any alleged neglect or default in the execution of the provisions of this Act or any rule, bye-law, regulation or order made under it, until the expiration of two months next after notice in writing stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended plaintiff, has been left at the office of the Gram Panahcyat and if the proceeding is intended to be brought against any such Sarpanch, executive authority, member, officer, servant or person, also delivered to him or left at his place of residence, and unless such notice is given, the Court shall not entertain such suit or legal proceeding.
(2) Every such proceeding shall, unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage, during such continuance or within six months after the ceasing thereof.
(3) If any Gram Panchayat or person to whom notice is given under sub-section (1) tenders amends to the plaintiff before the proceeding is commenced and if the plaintiff does not in such proceeding recover more than the amount so tendered, he shall not recover any costs incurred by him after such tender, and the plaintiff shall also pay all cost incurred by the defendant after such tender.
Section 139 Assistance of police to the Gram Panchayat
Every police officer in whose jurisdiction the village is situated, shall be bound to assist the Gram Panchayat and its officers and servants in the exercise of their lawful authority.
Section 140 Wrongful restraint of Executive Authority or his delegates
Any person who prevents the Executive Authority or any person to whom the Executive Authority has lawfully delegated his powers of entering on or into any place, building or land, from exercising his lawful power of entering thereon or thereinto shall be deemed to have committed an offence under Section 344 of Indian Penal Code.
Section 141 Punishment for obstructing Gram Panchayat
Whoever obstructs a Gram Panchayat or the Sarpanch, the Executive Authority or a member of the Gram Panchayat or any person employed by the Gram Panchayat or any person with whom it has contracted in the performance of its duty under the provisions of this Act or of any rule made thereunder, or prevents or tries to prevent any person from doing anything which he is empowered or required to do, by virtue of this Act, or removes any mark set up for the purpose of indicating any level or direction incidental to the carrying out of any work authorised by this Act, or removes, destroys, or defaces or otherwise obliterates any notice put up or exhibited by the Gram Panchayat or under its authority, shall be liable on conviction to a fine not exceeding fifty rupees.
Section 142 Penalty for not giving information or giving false information
Any person required by this Act or by any notice or other proceedings issued thereunder to furnish any information, who omits to furnish such information or knowingly furnished false information shall be punishable with fine not exceeding ten rupees.
Section 143 Special provisions in the case of Gram Panchayats
(1) Notwithstanding anything in this Act, when a local area is notified as a village under Section 3, for the first time, the Commissioner shall appoint a special officer to exercise the powers and perform the functions of the Gram Panchayat and its Sarpanch and Executive Authority and the members and Sarpanch thereof who are duly elected assume office.
(2) The special officer shall cause arrangements for the election of the member of the Gram Panchayat to be made before such date as may be fixed by the Commissioner in this behalf
Provided that the Commissioner may, from time to time, postpone the date so fixed, if for any reason, the elections cannot be completed before such date.
(3) The Government, or as the case may be, an officer authorised by the Government, shall appoint a special officer or a person in charge or a committee of person in charge to a Gram Panchayat, if for for any reason, the process of election to such Gram Panchayat is not completed.
(4) The special officer or person in charge or the Committee of persons in charge, appointed under sub section (3) shall exercise the powers and perform the functions of the Gram Panchayat and its Sarpanch and Executive Authority until the members and Sarpanch elected thereof assume office:.
Section 144 Public roads, markets, wells, tanks etc., to be open to all
All roads, markets, wells, tanks, reservoirs and water ways vested in or maintained by a Gram Panchayat shall be open to the use and enjoyment of all persons, irrespective of their caste and creed.
Section 145 Power to farm out fees
A Gram Panchayat shall have power to farm out the collection of any fees due to it under this Act or any rule, bye law or regulation made thereunder, for any period not exceeding three years at a time on such condition as it thinks fit.
Section 146 Extension of provisions of law relating to district municipalities or of rules thereunder
(1) The Commissioner may, at the request of the Gram Panchayat or otherwise, by notification, declare that any of the provisions of the law relating to municipalities for the time being in force or of any rule made thereunder including those relating to taxation, shall be extended to and be in force in the village or any specified area therein.
(2) The provisions so notified shall be construed with such alterations not affecting the substance may be necessary or proper for the purpose of adopting them to the village or specified area therein.
(3) Without prejudice to the generality of the foregoing provision, all references to a municipal council or the Chairperson or the Executive Authority thereof shall be construed as references to the Gram Panchayat or the Sarpanch or the Executive Authority thereof, all references to any officer or servant of a municipal council as references to corresponding officer or servant of the Gram Panchayat and all references to the municipal limits as references to the limits of the village or the specified area therein, as the case may be.
Section 147 Transfer of functions of Gram Panchayat to other local authorities or vice versa
Notwithstanding anything in this Act, or in any law relating to other local authorities, the Government may, in consultation with the Mandal Parishad or Zilla Parishad or other local authority as the case may be, and the Gram Panchayat concerned, by notification, and subject to such restrictions and conditions and to such control and revision as may be specified therein, direct that, 197
(a) any power or function vested in the Gram Panchayat by or under this Act, shall be transferred to and exercised and performed by the Mandal Parishad or Zilla Parishad or the other local authority; and
(b) any power or function vested in the Mandal Parishad or Zilla Parishad or the other local authority shall be transferred to and exercised and performed by the Gram Panchayat
ExplanationFor the purposes of this section "local authority" includes, the Andhra Pradesh Industrial Infrastructure Corporation Limited.
PART 3 CONSTITUTION AND INCORPORATION, COMPOSITION, POWERS FUNCTIONS ETCOF MANDAL PARISHADS
Section 148 Constitution and incorporation of Mandal Parishads
(1) There shall be constituted by the Government by notification from time to time, and with effect on and from such date, as may be specified therein constitute a Mandal Parishad for each Mandal.
(2) Where under sub section (2) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) a Mandal is redelimited or a new Mandal is formed, the Government may, by notification, reconstitute the Mandal Parishad for the redelimited Mandal or constitute a new Mandal Parishad for the new MandalOn such reconstitution or constitution the Mandal Parishad or Mandal Parishads concerned functioning immediately before such reconstitution or constitution, shall stand abolished:
Provided that in reconstituting the Mandal Parishad the Government may direct that the President, the Vice President or an elected member of the Mandal Parishad which was functioning immediately before such redelimitation and who is otherwise qualified to hold such office in the reconstituted Mandal Parishad shall be the President, Vice President or elected member of the reconstituted Mandal Parishad as if he was elected to such office in the reconstituted Mandal Parishad.
(3) Where after a Mandal Parishad is constituted for a Mandal, a part of such Mandal is included in a neighbouring Municipality or Municipal Corporation, and,
(i) in case the residuary part of the Mandal is viable for the constitution of a separate Mandal Parishad such residuary part shall be redelimited into a separate Mandal under the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) and a Mandal Parishad shall be constituted for such newly formed Mandal and that portion of the Mandal prior to its redelimitation which is included in the neighboring Municipality or Municipal Corporation shall be included in an adjoining Mandal which forms part of such Municipality or Municipal Corporation; or
(ii) in case the residuary portion of the Mandal is not viable to be constituted into a separate Mandal Parishad, it shall be competent for the Government,
(a) to include such residuary portion of the Mandal in the adjoining Mandal or Mandals and abolish the Mandal Parishad constituted for such Mandal; or
(b) to form a new Mandal by adding to such residuary portion, areas from the adjoining Mandal or Mandals and constitute a Mandal Parishad for such new Mandal:
Provided that where a Mandal Parishad is constituted under clause (i) or sub clause (b) of clause (ii), the Government may direct that the President, Vice President or an elected member of the abolished Mandal Parishad who is otherwise qualified to hold such office in the newly constituted Mandal Parishad shall be the President, Vice President or elected member of the newly constituted Mandal Parishad as if he was elected to such office in the newly constituted Mandal Parishad.
ExplanationFor the removal of doubts it is hereby declared, that, (i) the President, Vice President or an elected member of the newly constituted Mandal Parishad continued under this sub section shall hold office only for the residue of the term of the President, Vice President or an elected member of the abolished Mandal Parishad:
Provided further that where a Mandal Parishad is abolished under clause (a), the President, Vice President or an elected member holding office immediately before such abolition shall unless he is continued under the foregoing proviso cease to hold their respective offices.
(4) Every Mandal Parishad shall, by the name of the Mandal for which it is constituted or reconstituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.
(5) The notification under sub section (2) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and the Government may, from time to time, amend any such notification.
Section 149 Composition of Mandal Parishad
(1) Every Mandal Parishad shall consist of the following members, namely, -
(i) persons elected under Section 151;
(ii) the Member of the Legislative Assembly of the State representing a constituency which comprises either wholly or partly the Mandal concerned;
(iii) the Member of the House of the People representing a constituency which comprises either wholly or partly the Mandal concerned;
(iv) any Member of the Council of States who is a registered voter in the Mandal concerned.
(v) One person belonging to minorities to be coopted in the prescribed manner by the members specified in clause (i) from among persons who are registered voters in the Mandal and who are not less than 21 years of age.
(2) No person shall be a member in more than one of the categories specified in sub section (1)A person who is or becomes a Member of a Mandal Parishad in more than one such category shall, by notice in writing signed by him and delivered to the Mandal Parishad Development Officer, within fifteen days from the date of the first meeting referred to in sub section (3) of Section 153, intimate in which one of the said categories he wishes to serve, and thereupon he shall cease to be the member in the other category or categories In default of such intimation within the aforesaid period, his membership in the Mandal Parishad in the category acquired earlier shall, and his membership acquired later in the other shall not, cease at the expiration of such period The intimation given under this sub section shall be final and irrevocable:
Section 150 Division of Mandal into constituencies
For the purpose of electing the members specified in clause (i) of sub section (1) of Section 149, the Commissioner shall, subject to such rules as may be made in this behalf, divide each Mandal Parishad area into as many territorial constituencies as he may, by notification specify, in such manner that, as far as practicable, shall consist of a population ranging between three thousand and four thousand; and that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the Mandal Parishad area:
Provided that the ratio between the population of the territorial area of a Mandal Parishad and the number of seats in such Parishad to be filled by election shall, as far as practicable, be the same throughout the State:
Section 151 Election of members from territorial constituencies
(1) One member shall be elected to the Mandal Parishad from each territorial constituency specified in Section 150 by the method of secret ballot by the persons who are registered voters in the territorial Constituency concerned:
Provided that a registered voter in the Mandal Parishad shall be entitled to contest from any territorial constituency of the Mandal Parishad.
(2) For purposes of preparation and publication of the electoral roll for the elections to the office of member under this section, the provisions of Sections 11 and 12 shall, mutatis mutandis apply, subject to such rules as may be made in this behalf.
Section 152 Reservation of seats of members of Mandal Parishad
(1) In every Mandal Parishad out of the total strength of elected members determined under Section 150, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve, -
(a) such number of seats to the members belonging to Scheduled Castes and Scheduled Tries as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Mandal Parishad as the population of Schedule Castes or as the case may be, the Scheduled Tribes in that Mandal bears to the total population of that Mandal and such seats may be allotted by rotation to different constituencies in a Mandal Parishad in the manner prescribed.
(b) x x x
(c) not less than one third of the total number of seats reserved under clause (a) and sub section (1-A), for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the backward classes;
(d) not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to every Mandal Parishad shall be reserved for women and such may be allotted by rotation to different constituencies in a Mandal Parishad in the manner prescribed.
(1-A) In addition to the reservation of seats under sub section (1), there shall be reserved for the Backward Classes such number of seats as may be allocated to them in each Mandal Parishad in the manner prescribed; so however that the number of offices of members of Mandal Parishads in the State reserved for Backward Classes shall not be less than thirty four per cent of the total number of offices of the members of Mandal Parishads in the StateThe number of seats allocated to each Mandal Parishad shall be allotted by rotation to different territorial constituencies in the Mandal Parishad:
Provided that it shall be competent for the Government to make special provisions with regard to the manner and quantum of seats to be reserved for Backward Classes in the Mandal Parishad situated either wholly or partly in the Scheduled areas, by rules made in this behalf.
(2) Nothing in sub sections (1) and (1 A) shall be deemed to prevent women and members of the Scheduled Castes, Scheduled Tribes or Backward Classes from standing for election to the non reserved seats in the Mandal Parishad.
Section 153 Election, reservation and term of office of President and Vice President
(1) For every Mandal Parishad there shall be one President and one Vice President who shall be elected by and from among the elected members specified in clause (i) of sub section (1) of Section 149 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribedIf at an election held for the purpose no President or Vice President is elected, fresh election shall be held the names of the President or Vice President so elected shall be published in the prescribed manner:
Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office, he ceases to be member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.
Provided further that a member voting under this sub section in disobedience of the party whip shall cease to hold office forthwith and the vacancy caused by such cessation shall be filled as a casual vacancy.
(2) Out of the total number of offices of President in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve, -
(a) such number of offices to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or as the case may be, the Scheduled Tribes in the State bears to the total population of the State and such offices may be allotted by rotation to different Mandal Parishads in the State in the manner prescribed;
(b) x x x
(c) not less than one third of the total number of offices reserved under Clause (a) and sub section (2 A) for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be, the Backward Classes; and
(d) not less than one third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State for women and such offices may be allotted by rotation to different Mandal Parishads in the State in the manner prescribed.
(2-A) In addition to the reservation of offices of President under sub section (1), there shall be reserved for the Backward Classes such number of offices of President as may be allocated to them in each district in the manner prescribed; so however, that the number of offices of Presidents in the State reserved for Backward Classes shall not be less than thirty four percent of the total number of offices of Presidents of Mandal Parishads in the StateThe number of offices of President allocated for reservation to each district shall be allotted by rotation to different Mandal Parishads in the district.
(3) The first meeting of the Mandal Parishad to elect a President and Vice President shall be called as soon as may be, after the results of the ordinary elections of the office of elected members of the Mandal Parishad have been publishedThe notice of the date and time of the meeting for the election of President and Vice President shall be given to the elected members in the prescribed manner:
Provided that if, for any reason, the election of the President or Vice President is not held on the on the date fixed as aforesaid, the meeting for the election of the President and Vice President shall be held on the next day, whether or not it is a holiday observed by the Mandal Parishad.
(4) Every President or Vice President shall cease to hold office on the expiration of his term of office as a member.
(5) Save as otherwise expressly provided in, or prescribed under this Act, the term of office of the President or Vice President who is elected at an ordinary election shall be five years from the date appointed by the Andhra Pradesh Election Commissioner for Local Bodies for the first meeting of the Mandal Parishad after the ordinary election.
(6) Any casual vacancy in the office of the President or Vice President shall be filled within a period of six months from the date of occurrence of the vacancy by a fresh election under sub section (3) and a person elected as President or Vice President in any such vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
Section 154 Term of office of member of Mandal Parishad
Save as otherwise provided in this Act, -
(i) an ex officio member of the Mandal Parishad shall hold office so long as he continues to hold office by virtue of which he became such ex officio member;
(ii) a member elected at an ordinary election or a co opted member shall hold office for a term of five years from the date appointed by the Andhra Pradesh Election Commissioner for Local Bodies for the first meeting of the Mandal Parishad after the said ordinary election.
Section 155 Qualification of candidates for election
No person shall be eligible for election as member of a Mandal Parishad unless his name appears in the electoral roll of the Mandal Parishads concerned and he has completed the age of twenty one years.
Section 156 Disqualifications
(1) A member of the Mandal Parishad shall be disqualified for election as President or Vice President if he is in arrears of any dues, otherwise than in a fiduciary capacity to a Gram Panchayat, a Mandal Parishad or the Zilla Parishad or if he is interested in a subsisting contract made with, or any work being done, for, any Gram Panchayat in the Mandal or the Mandal Parishad or the Zilla Parishad within whose jurisdiction the Mandal Parishad is situated or any other Mandal Parishad within the jurisdiction of that Zilla Parishad:
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in, -
(i) a company as a mere shareholder but not as a director;
(ii) any lease, sale or purchase of immovable property or any agreement for the same; or
(iii) any agreement for the loan of money or any security for the payment of money only; or
(iv) any newspaper in which any advertisement relating to the affairs of any of aforesaid Mandal Parishad is inserted.
(2) The provisions of Sections 18,19,20, 21 and 22 shall apply to a member of the Mandal Parishad as they apply to a member or the Gram Panchayat subject to the variations that for the expressions, "Gram Panchayat", "Executive Authority", "Sarpanch", "Upa Sarpanch" and "District Panchayat Officer", the expressions "Mandal Parishad", "Mandal Parishad Development Officer", "President", "Vice President" and "Chief Executive Officer", shall respectively be substituted:
Provided that nothing in Clause (b) of Section 20 shall apply to a member of the Mandal Parishad specified in Clause (ii), Clause (iii) and Clause (iv) of sub section (1) of Section 149.
Section 157 Resignation of President, Vice President or Member
The President, the Vice President, elected member or co opted member may resign his office in such manner as may be prescribed.
Section 158 Permanent invitees to the meetings of the Mandal Parishad
The Collector, the Sarpanches of all the Gram Panchayats within the jurisdiction of the Mandal Parishad the member of the Zilla Parishad specified in Clause (i) of sub section (3) of Section 177 elected from the Mandal concerned, the Chairperson, Zilla Parishad, and the President of Agricultural Marketing Committee] shall be permanent invitees to the meetings of the Mandal Parishad and they shall have the right to speak in and otherwise to take part in the proceedings of any meeting of a Mandal Parishad functioning within the local limits of their respective jurisdictions but shall not, by virtue of this section be entitled to vote at any such meeting.
Section 159 President of a Mandal Parishad may invite certain persons to attend its meetings
(1) The President of a Mandal Parishad may for purposes of consultation, invite any person other than an office bearer of any political party having experience and specialized knowledge of any subject under the consideration of the Mandal Parishad to attend the meeting of the Mandal ParishadSuch person shall have the right to speak in, and otherwise to take part in the proceedings of such meeting, but shall not, by virtue of this section be entitled to vote at any such meeting.
(2) A person attending a meeting under sub section (1) shall be entitled to such allowances as may be prescribed.
Section 160 Rules for the conduct of the business at a meeting of a Mandal Parishad
Every Mandal Parishad shall in regard to the conduct of business as its meetings, follow such rules as may be prescribed.
Section 161 Powers and functions of a Mandal Parishad
(1) Subject to the provisions of this Act, the administration of the Mandal shall vest in the Mandal Parishad Every Mandal Parishad shall endeavour to instill among the people within its jurisdiction spirit of self help and initiative and harness their enthusiasm for raising the standard of living, it shall exercise all the powers conferred on, and perform all the functions entrusted to it by or under this Act, and such other powers and functions as may be conferred on, and entrusted to it by the Government for carrying out the the purposes of this Act, but it shall not exercise the powers or perform the functions expressly assigned by or under this Act, or any other law to its President or to the Mandal Parishad Development Officer or to the Zilla Parishad or any other authority, it shall do extension and review functions at the Mandal level effectivelyIt may, with the previous approval of the Government and subject to such terms and conditions as may be prescribed borrow moneys for carrying out the purposes of this ActIt shall also exercise and perform such of the powers and functions of the District Board including the powers to levy any tax or fees as may be transferred to it under this Act.
(2) Every Mandal Parishad shall exercise such powers and perform such functions as may be entrusted to it by rules made in this behalf in regard to the subjects enumerated in Schedule IIn particular, the Mandal Parishad shall exercise the powers and perform the functions specified in Schedule II.
(3) Notwithstanding anything in this Act, the Mandal Parishad may with the prior approval of the Zilla Parishad levy contributions from the funds of the Gram Panchayats in the Mandal.
(4) Every Mandal Parishad may levy with the prior sanction of the Government a duty in the form of a surcharge on any tax imposed by a Gram Panchayat or on land cess or local cess levied within its jurisdiction in such manner and subject to such maximum as may be prescribed.
Section 162 Maintenance of common water works and other Institutions
(1) Notwithstanding anything in this Act and subject to the rules made in this behalf, two or more Gram Panchayats may -
(i) construct and maintain water works for supply of water for washing and bathing purposes and protected water for drinking purposes from a common source, and
(ii) entrust to Mandal Parishad with its consent and on such terms as may be agreed upon the management of any institution or the execution or maintenance of any work.
(2) Subject to the provisions of this Act and the rules made thereunder, two or more Mandal Parishads may establish and maintain common dispensaries, child welfare centres and institutions of such other kinds, as may be prescribed.
Section 163 Power of Mandal Parishad to call for documents from the Mandal Parishad Development Officer
A Mandal Parishad may, at any time require the Mandal Parishad Development Officer to furnish any document in his custodyThe said officer shall comply with every such requisition.
Section 164 Power of Mandal Parishad to call for information from Village Development Officer
A Mandal Parishad may require any Village Development Officer of any village within the jurisdiction of the Mandal Parishad to furnish any information on any matter falling within such categories as may be prescribed in respect of such village or any person or property therein required for the purposes of this Act.
Section 165 Powers and functions of the President and Vice President
(1) The President of a Mandal Parishad shall, -
(a) exercise administrative control over the Mandal Parishad Development Officer for the purposes of implementation of the resolution of the Mandal Parishad;
(b) preside over and conduct the meetings of the Mandal Parishad; and
(c) have full access to all records of the Mandal Parishad.
(2) In case of emergency the President may in consultation with the Mandal Parishad Development Officer direct the execution of any work or the doing of any act which requires the sanction of the Mandal Parishad and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this sub section and the reasons therefor to the Mandal Parishad at its next meeting:
Provided that he shall not direct the execution of any work or the doing of any act in contravention of any order of the Government.
(3) The Vice President shall exercise such powers and perform such functions of the President as the President may, from time to time, delegate to him in writing.
(4) When the office of the President is vacant the Vice President of the Mandal Parishad shall exercise the powers and perform the functions of the President until a new President is elected.
(5) If the President has been continuously absent from the Mandal for more than fifteen days or is incapacitated for more than fifteen days, his powers and functions during such absence or incapacity shall devolve on the Vice President.
(6) When the office of the President is vacant or the President has been continuously absent from the Mandal for more than fifteen days or is incapacitated for more than fifteen days and there is either a vacancy in the office of the Vice President or the Vice President has been continuously absent from the Mandal for more than fifteen days or is incapacitated for more than fifteen days, the powers and functions of the President shall devolve on a member of the Mandal Parishad appointed by the Government in this behalfThe member so appointed shall be styled as the temporary President and he shall exercise the powers and perform the functions of the President subject to such restrictions and conditions as may be prescribed until a new President or Vice President assumes office after his election or until the President or the Vice President returns to the Mandal or recovers from his incapacity, as the case may be.
Section 166 Right of individual members to draw attention in respect of Mandal Parishad etc
Any member of a Mandal Parishad may draw the attention of the President or the Mandal Parishad Development Officer to any neglect in the execution of Mandal Parishad work, to any waste of Mandal Parishad property or to the needs of any locality and may suggest any improvement which may appear desirable.
Section 167 Powers and functions of the Mandal Parishad Development Officer
(1) The Mandal Parishad Development Officer shall be the Chief Executive Officer of the Mandal ParishadHe shall be responsible for implementing the resolutions of the Mandal Parishad and shall also exercise such powers and perform such functions as may be entrusted to him by the GovernmentHe shall also exercise such powers of supervision over the Gram Panchayats in the Mandal as may be prescribed.
(2) The Mandal Parishad Development Officer shall, with the approval of, or on the direction of the President, convene the meetings of the Mandal Parishad so that atleast one meeting of the Mandal Parishad is held every month and if the Mandal Parishad Development Officer fails to discharge that duty, with the result that no meeting of the Mandal Parishad is held within a period of ninety days from the last meeting, he shall be liable to disciplinary action under the relevant rules:
Provided that where the President fails to give his approval for convening the meeting so as to hold a meeting within a period of ninety days aforesaid, the Mandal Parishad Development Officer may himself convene the meeting in the manner prescribed;
(3) The Mandal Parishad Development Officer shall ordinarily attend the meetings of the Mandal Parishad and shall be entitled to take part in the discussions thereat but he shall not be entitled to vote or to move any resolution.
(4) Subject to the provisions of Section 168 the staff borne on the establishment of the Mandal Parishad and the staff working in institutions and schemes transferred by the Government or the Head of the Department of Government to the Mandal Parishad shall be under the administrative control and supervision of the Mandal Parishad Development Officer.
(5) Notwithstanding anything in sub section (1) of Section 161 and subject to all other provisions of this Act, and the rules made thereunder, the Mandal Parishad shall have power to issue such specific direction as it may think fit regarding the performance by the Mandal Parishad Development Officer of any of the functions assigned to him under this Act.
(6) The Government shall, pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contribution if any towards the provident fund or provident fund cum pension fund of the Mandal Parishad Development Officer appointed by them for Mandal Parishad.
(7) The Government shall have power to make rules to regulate the classification and methods of recruitment, conditions of services, pay and allowances and disciplinary conduct of the Mandal Parishad Development Officer.
Section 168 The Mandal Parishad Development Officer and other officers and staff of a Mandal Parishad to be subordinate to the Mandal Parishad
The Mandal Parishad Development Officer and other officers and staff of a Mandal Parishad and the staff employed in the institutions and schools under the Mandal Parishad shall be subordinate to the Mandal Parishad.
Section 169 Officers and other employees of Mandal Parishad
(1) The Government may, at any time create such posts of officers and other employees of Mandal Parishad as they may consider necessary for carrying out the purposes of this Act.
(2) All appointments to the posts created under sub section (1) and transfer of the holders of such posts shall be made subject to the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984), the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the proviso to article 309 of the Constitution of India.
(3) The Government shall pay, out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions, if any, towards the provident fund or pension cum provident fund of the officers and other employees of a Mandal Parishad who hold any of the posts referred to in sub section (1).
(4) The classification and methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and other employees referred to in sub section (3), shall be regulated in accordance with the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984), the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the proviso to article 309 of the Constitution until rules in that behalf are so made, the law for the time being in force regulating the recruitment and conditions of service, pay and allowances and conduct, applicable to such holder shall continue to apply to such holder.
(5) The Government may, from time to time, by order give such directions to any Mandal Parishad or any officer, authority, or person thereof as may appear to them to be necessary for the purpose of giving effect to the provisions of this section and the Mandal Parishad Development Officer, authority or person shall comply with all such directions.
Section 170 Allowances for attending a meeting of the Mandal Parishad
(1) There shall be paid to the members of a Mandal Parishad including its President and Vice President and to the Members of the Legislative Assembly and of either House of Parliament for attending a meeting of the Mandal Parishad such allowances as may be prescribed.
(2) There shall also be paid to the President in respect of his tours on duty whether within or outside the Mandal but within the District such allowances as may be prescribed.
Section 171 Mandal Parishad Fund
(1) All moneys received by a Mandal Parishad shall constitute a fund called the Mandal Parishad Fund and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.
(2) All moneys received by the Mandal Parishad shall be lodged in the nearest Government treasury
Provided that the amounts received as funds under the Jawahar Rozgar Yojana Employment Assurences Scheme or other Wage Employment Schemes shall be lodged in nearby Nationalised banks or Co-operative Banks or PostOffices in such manner as may be prescribed.
(3) All orders or cheques against the Mandal Parishad Fund shall be signed by the Mandal Parishad Development Officer.
Section 172 Income and expenses of a Mandal Parishad
(1) The sources of income of Mandal Parishad shall consist of,
(i) funds relating to institutions and schemes transferred by the Government or Heads of Departments of the Government to the Mandal Parishad;
(ii) funds relating to the community development programmes;
(iii) Central and State aid and aid received from the All India Bodies and Institutions for the development of cottage and village industries, khadi, silk, coir, handicrafts and the like;
(iv) Donations and contributions received by the Mandal Parishad from Gram Panchayats or from the public in any form;
(v) such income of the Zilla Parishad as the Government may, by order, allocate to it;
(vi) such share of the land revenue, state taxes or fees as may be prescribed;
(vii) proceeds from taxes, surcharge or fee which the Mandal Parishad is empowered to levy under this Act or any other law;
(viii) such contributions as the Mandal Parishad may levy from Gram Panchayats;
(ix) any other income from remunerative enterprises and the like.
(2) Government shall also make an annual grant at the rate of five rupees per person residing in the Mandal calculated on the basis of the last preceding census of which figures are available.
(3) The expenses of the Mandal Parishad shall include the salaries and allowances of its officers and other employees, the allowances to be paid under Sections 159 and 170 any item of expenditure directed by the Government for carrying out the purposes of this Act and such other expenses as may be necessary for such purposes.
Section 173 Election expenses to be borne by the Government
The cost of the election expenses including the conduct of elections to the Mandal Parishad and the cost of maintenance of election establishment employed in connection therewith shall be borne by the Government.
Section 174 Budget of Mandal Parishad
(1) The Mandal Parishad Development Officer shall, in each year frame and place before the Mandal Parishad on or before the prescribed date a budget showing the probable receipts and expenditure during the following year, and the Mandal Parishad shall sanction the budget with such modifications, if any, as it thinks fit.
(2) The budget as so sanctioned shall be submitted by the Mandal Parishad Development Officer on or before such date as may be prescribed, to the Zilla Parishad and where there is not such Zilla Parishad to the District Collector, and if the Zilla Parishad or the District Collector as the case may be is satisfied that adequate provision has not been made therein for giving effect to the provisions of this Act, it or he shall have power to approve the budget with such modifications as may be necessary to secure such provisions.
(3) If, for any reason the budget is not sanctioned by the Mandal Parishad under sub section (1) before the date referred to in sub section (2) the Mandal Parishad Development Officer shall submit the budget to the District Collector who shall sanction it with such modifications, if any, as he thinks fit and forward it to the Zilla Parishad which shall thereupon approve the budget as if it were submitted to it under sub section (2), where there is no Zilla Parishad for the District the sanction accorded by the District Collector shall be final.
(4) If, in the course of a year, the Mandal Parishad finds it necessary to make any alterations in the budget with regard to its receipts or items of expenditure, a revised or supplemental budget may be framed, submitted and sanctioned or approved as far as may be in the manner provided in sub sections (1), (2) and (3).
Section 175 Joint Committee of Mandal Parishad and other local authorities
A Mandal Parishad may, and if so required by the Government shall, join with one or more than one other local authority in constituting a joint committee for any purpose for which they are jointly responsible.
Section 176 Constitution, powers and functions of Joint Committee
The constitution, powers and procedure of the Joint Committee referred to in Section 175 and the method of setting differences of opinion, arising in connection with such committee between the local authorities concerned shall be in accordance with such rules as may be prescribed.
PART 4 CONSTITUTION, INCORPORATION, COMPOSITION POWERS, FUNCTIONS ETC., OF ZILLA PARISHADS
Section 177 Constitution, Incorporation and Composition of Zilla Parishad
(1) There shall be constituted by the Government by notification a Zilla Parishad for a District with effect from such date as may be specified therein.
(2) Every Zilla Parishad shall, by the name of the District for which it is constituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name, sue and be sued.
(3) Every Zilla Parishad shall consist of the following members, namely,
(i) persons elected under Section 179;
(ii) the Member of the Legislative Assembly of the State representing the Constituency which comprises either wholly or partly the district concerned
Provided that such Member of the Legislative Assembly shall have the right to speak in and otherwise to take part in the proceedings of a meeting of any Standing Committee of the Zilla Parishad but he shall not be entitled to vote at a meeting of such Standing Committee, unless he is also a member of that Standing Committee:
Provided further that no Member of the Legislative Assembly representing a Constituency the whole of which forms part of the local area within the jurisdiction of any of the Municipal Corporations or any of the Municipalities in the State shall be the member of the Zilla Parishad of the concerned district;
(iii) The Member of the House of people representing a Constituency which comprises either wholly or partly the district concerned:
Provided that no Member of the House of the People representing a constituency the whole of which forms part of the local area within the jurisdiction of any of the Municipal Corporation in the State shall be the Member of the Zilla Parishad;
Provided further that a member of the House of the People representing the constituency which comprises more than one district including a portion of any district, shall be a member of the Zilla Parishad of all such districts with the right to speak in, and otherwise to take part in the proceedings of their meetings with voting rights; he shall also have the right to speak in and otherwise to take part in the meetings of any Standing Committee of the Zilla Parishad but he shall not be entitled to vote at a meeting of any Standing Committee unless he is also a member of that Standing Committee.
(iv) the Member of the Council of States who is a registered voter in the district:
Provided that such Member of the Council of States shall have the right to speak in, and otherwise to take part in the proceedings of a meeting of any Standing Committee of the Zilla Parishad, but he shall not be entitled to vote at a meeting of that Standing Committee, unless he is also a member of that Standing Committee;
(v) two persons belonging to minorities to be coopted in the prescribed manner by the members specified in Clause (i) from among persons who are registered voters in the District and who are not less than 21 years of age.
(4) No person shall be a Member in more than one of the categories specified in sub section (3)A person who is or becomes a Member of a Zilla Parishad in more than one such category, shall,by notice in writing signed by him and delivered to the Chief Executive Officer, within fifteen days from the date of the first meeting of the Zilla Parishad referred to in sub section (4) of Section 181, intimate in which one of the said categories he wishes to serve, and thereupon, he shall cease to be the member in the other category or categoriesIn default of such intimation within the aforesaid period, his membership in the Zilla Parishad in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period The intimation given under this sub section shall be final and irrevocable.
(5) No person other than a Member of the House of the People, shall be entitled to be a member of more than one Zilla Parishad at a time.
Section 178 Mandals to be territorial constituencies
For purposes of electing the members specified in Clause (i) of sub section (3) of Section 177 every Mandal in the District shall be a Territorial Constituency and the Andhra Pradesh Election Commissioner for Local Bodies shall allot not more than one seat for each such Territorial Constituency.
Section 179 Election of members from Territorial Constituencies
(1) One member shall be elected to the Zilla Parishad from each Territorial Constituency specified in Section 178 by the method of secret ballot by the registered voters in the Territorial Constituency concerned
Provided that a registered voter in the district shall be entitled to contest from any Territorial Constituency of the Zilla Parishad.
(2) For purposes of preparation and publication of the electoral roll for the elections to the office of member under this section, the provisions of Sections 11 and 12 shall, mutatis mutandis apply subject to such rules as may be made in this behalf.
Section 180 Reservation of seats of members of Zilla Parishad
(1) In every Zilla Parishad, out of the total strength of elected members determined under Section 179, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve -
(a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Zilla Parishad as the population of the Scheduled Castes or as the case may be Scheduled Tribes in the District bears to the total population of that District and such seats may be allotted by rotation to different constituencies in a District in the manner prescribed;
(b) x x x
(c) not less than one third of the total number of seats reserved under Clause (a) and sub section (1-A) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;
(d) not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to the Zilla Parishad for women and such seats may be allotted by rotation to different constituencies in the district in the manner prescribed.
(1-A) In addition to the reservation of seats under sub section (1), there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each Zilla Parishad in the manner prescribed; so however that the number of offices of members of Zilla Parishad in the State reserved for Backward Classes shall not be less than thirty four per cent of the total number of offices of the members of Zilla Parishad in the StateThe number of seats allocated to each Zilla Parishad shall be allotted by rotation to different territorial constituencies in the Zilla Parishad.
(2) Nothing in sub sections (1) and (1-A) shall be deemed to prevent women and members of the Scheduled Castes, Scheduled Tribes or Backward Classes from standing for election to the non reserved seats in the Zilla Parishad.
Section 181 Election of Chairperson and Vice Chairperson
(1) For every Zilla Parishad there shall be one Chairperson and one Vice Chairperson who shall be elected by and from among the elected members specified in Clause (i) of sub section (3) of Section 177 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribedIf at an election held for the purpose no Chairperson or Vice Chairperson is elected, fresh election shall be heldThe names of the Chairperson and the Vice Chairperson so elected shall be published in the prescribed manner:
Provided that if a member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office he ceases to be Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.
Provided further that a member voting under this sub section in dis obedience of the party whip shall cease to hold office forthwith and the vacancy caused by such cessation shall be filled as a casual vacancy.
(2) Out of the total number of offices of Chairperson in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve,
(a) such number of offices to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or as the case may be, the Scheduled Tribes in the State bears to the total population of the State and such offices may be allotted by rotation to different Zilla Parishads in the State in the manner prescribed.
(b) thirty four percent of the total number of such offices of Chairperson in the State for Backward Classes; and such offices may be allotted by rotation to different Zilla Parishads in the State in the manner prescribed;
(c) not less than one third of the total number of offices reserved under Clauses (a) and (b) for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be, the Backward Classes; and
(d) not less than one third (including the number of offices reserved for women belonging to Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State for women and such offices may be allotted by rotation to different Zilla Parishads in the State in the manner prescribed.
(3) The first meeting of the Zilla Parishad to elect a Chairperson and Vice Chairperson shall be called as soon as may be, after the results of the ordinary elections to the office of elected members of the Zilla Parishad have been publishedThe notice of the date and time of the meeting for the election of Chairperson and Vice Chairperson shall be given to the elected members in the prescribed manner:
Provided that if, for any reason, the election of the Chairperson or Vice Chairperson is not held on the date fixed as aforesaid, the meeting for the election of the Chairperson and Vice Chairperson shall be held on the next day, whether or not it is holiday observed by the Zilla Parishad.
(4) Every Chairperson or Vice Chairperson shall cease to hold office on cessation as an elected member.
(5) Save as otherwise expressly provided in, or prescribed under this Act, the term of office of the Chairperson or Vice Chairperson who is elected at an ordinary election shall be five years from the date appointed by the Andhra Pradesh Election Commissioner for Local Bodies for the first meeting of the Zilla Parishad after the ordinary election.
(6) Any causal vacancy in the office of the Chairperson or Vice Chairperson shall be filled within a period of six months from the date of occurrence of the vacancy by a fresh election under sub section (4) and a person elected as Chairperson or Vice Chairperson in any such vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
Section 182 Term of Office of a member of a Zilla Parishad
Save as otherwise provided in this Act,
(i) an ex officio member of the Zilla Parishad shall hold office so long as he continues to hold the office by virtue of which he became such ex officio member;
(ii) a member elected at an ordinary election or a coopted member shall hold office for a term of five years from the date appointed by the Andhra Pradesh Election Commission for Local Bodies for the first meeting of the Zilla Parishad after the said ordinary election.
Section 183 Qualification of candidates for election
No person shall be eligible for election as member of a Zilla Parishad unless his name appears in the electoral rolls of the Zilla Parishad concerned and he has completed the age of twenty one years.
Section 184 Disqualifications
(1) A member of the Zilla Parishad shall be disqualified for election as Chairperson or Vice Chairperson if he is in arrears of any duties, otherwise than in a fiduciary capacity to any Mandal Parishad in the District or the Zilla Parishad or if he is interested in a subsisting contract made with or any work being done for any Mandal Parishad in the District or the Zilla Parishad
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in,
(i) a company as a mere shareholder but not as a director; or
(ii) any lease, sale or purchase of immovable property or any agreement for the same; or
(iii) any agreement for the loan of money or any security for the payment of money only; or
(iv) any newspaper in which any advertisement relating to the affairs of any of the aforesaid Mandal Parishad or Zilla Parishad is inserted.
(2) The provisions of Sections 18, 19, 20, 21 and 22 shall apply to a member of the Zilla Parishad as they apply to a member of the Gram Panchayat subject to the variations that the expressions, "Gram Panchayat", "Executive Authority", "Sarpanch", "Upa Sarpanch" and "District Panchayat Officer" the expressions "Zilla Parishad" "Chief Executive Officer" "Chairperson", "Vice Chairperson" and "Chief Executive Officer" shall respectively be substituted: Provided that nothing in Clause (b) of Section 20 shall apply to a member of the Zilla Parishad specified in Clauses (ii) to (iv) of sub section (3) of Section 177.
Section 185 Resignation of Chairperson, Vice Chairperson or member
The Chairperson, the Vice Chairperson, an elected member or co opted member may resign his office in such manner as may be prescribed.
Section 186 Appointment of Chief Executive Officer and his powers and functions
(1) There shall be Chief Executive Officer for every Zilla Parishad who shall be appointed by the Government.
(2) Every Chief Executive Officer shall be liable to be transferred by the Government.
(3) Save as otherwise expressly provided by or under this Act, the executive power for the purpose of carrying out the provisions of this Act, shall vest in the Chief Executive Officer who shall, -
(a) exercise all the powers and perform all the functions specially conferred or imposed upon him by or under this Act, or under any other law for the time being in force; and
(b) law down the duties of all officers and servants of, or holding office under Zilla Parishad in accordance with the rules made by the Government.
(4) Subject to the provisions of this Act, and the rules made thereunder, the Chief Executive Officer,
(a) shall be entitled to, -
(i) attend the meeting of the Zilla Parishad or any of its Standing Committees (including any meeting of the Mandal Parishad) and take part in the discussions thereat but shall not be entitled to vote or to move any resolution;
(ii) call for any information, return, statement of account or report from any officer or servant of, or holding office under the Zilla Parishad or a Mandal Parishad.
(b) shall exercise supervision and control over the acts of the officers and servants holding office under the Zilla Parishad or the institutions thereunder in matters of executive administration and those relating to accounts and records of the Zilla Parishad or the institutions thereunder;
(c) shall have the custody of all papers and documents connected with the proceedings of the Zilla Parishad and of its Standing Committees;
(d) shall be responsible for implementing the resolutions of the Zilla Parishad and of the Standing Committees thereof;
(e) shall supervise and control the execution of all activities of the Zilla Parishad;
(f) shall take necessary measures for the speedy execution of all works and development schemes of the Zilla Parishad;
(g) shall have the power to enter upon and inspect any work, scheme or institution under the management of the Zilla Parishad;
(h) shall have the power to enter upon and inspect any work, scheme or institution under the management of a Mandal Parishad if the Zilla Parishad or any of its Standing Committees so direct;
(i) shall be the competent authority to enter into agreements and to sign and execute them in the name and on behalf of the Zilla Parishad from time to time;
(j) shall implement such specific directions issued by the Zilla Parishad as it may think fit regarding the performance by him of any of the functions assigned to him under the Act:
Provided that such directions are in conformity with the terms and conditions governing planning, community development and other developmental activities entrusted by the Government or any other authority;
(k) shall immediately execute the orders passed by the Government in exercise of the powers conferred by the Act and rules made thereunder or any other law for the time being in force and shall forthwith send a compliance report to the Government and place a copy thereof before the Chairperson and Vice Chairperson;
(l) shall exercise such other powers and perform such other functions as may be prescribed.
(5) The Chief Executive Officer shall, with the approval of, or on the direction of the Chairperson convene the meetings of the Zilla Parishads so that atleast one meeting of the Zilla Parishad is held every month and if the Chief Executive Officer fails to discharge that duty, with the result that no meeting of the Zilla Parishad is held within a period of ninety days from the last meeting, he shall be liable to disciplinary action under the relevant rules:
Provided that where the Chairperson fails to give his approval for convening the meeting so as to hold a meeting within the period of ninety days aforesaid the Chief Executive Officer may himself convene the meeting in the manner prescribed.
(6) Subject to the provisions of Section 195 the staff borne on the establishment of the Zilla Parishad and the staff working in institutions and schemes transferred by the Government or the Head of Department of Government to the Zilla Parishad shall be under the administrative control and supervision of the Chief Executive Officer.
(7) The Government shall pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions, if any, towards the provident fund or provident fund cum pension fund of the Chief Executive Officer appointed under sub section (1).
(8) The Government shall have power to make rules to regulate the classification and methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the Chief Executive Officer appointed under sub section (1).
Section 187 Standing Committees of a Zilla Parishad
(1) For every Zilla Parishad there shall be constituted the following Standing Committees, the subjects assigned to each such Standing Committee being those specified against it, namely,
(i) Standing Committee for Planning and FinanceDistrict Plan, Budget, Taxation, Finance and Co ordination of the work relating to other committees.
(ii) Standing Committee for Rural DevelopmentPoverty Alleviation Programme, Area Development Programmes, employment, housing, co operation, thrift and small savings, industries including cottage, village and small scale industries, trusts and statistics.
(iii) Standing Committee for AgricultureAgriculture, animal husbandry, soil reclamation including contour bunding, social forestry, fisheries and sericulture.
(iv) Standing Committee for Education and Medical ServicesEducation including social education, medical services, public health and sanitation including drainage, relief for distress in grave emergencies.
(v) Standing Committee for Women WelfareDevelopment of Women and Welfare of Children.
(vi) Standing Committee for Social WelfareSocial Welfare of Scheduled Castes, Scheduled Tribes and Backward Classes and cultural affairs.
(vii) Standing Committee for WorksCommunications, rural water supply, power and irrigation.
(2) Every Standing Committee shall consist of the Chairperson of Zilla Parishad who shall be ex-officio member and such other members *[as may be elected from among the members of the Zilla Parishads] in accordance with the rules made in that behalf.
(3) The Vice Chairperson shall be the ex-officio Member and Chairperson of the Standing Committee for Agriculture, two offices of the Chairperson of the Standing Committees shall be filled by nomination by the Chairperson of the Zilla Parishad from among the Women members of the Zilla Parishad in the manner prescribed and the Chairperson of the Zilla Parishad shall be the Chairperson of the rest of the four offices of the Chairperson of the Standing Committees.
(4) The powers and functions of the Standing Committee, the permanent invitees to it and other incidental and consequential matters shall be such as may be prescribed.
(5) The District Collector shall have right to participate in the meetings of all Standing Committees without voting rights.
(6) The decisions of the Standing Committees shall be subject to ratification by the general body of the Zilla Parishad which shall have the power to approve, modify, rescind or reverse them.
Section 188 Permanent invitees to Zilla Parishad
(1) The following shall be the permanent invitees to the meetings of the Zilla Parishad:
(i) the Chairperson, District Co operative Marketing Society;
(ii) the Chairperson, Zilla Grandhalaya Samstha;
(iii) the Chairperson, District Co operative Central Bank;
(iv) the District Collector.
(v) all Presidents of Mandal Parishads in the District.
(2) The permanent invitees shall be entitled to participate in the meetings of the Zilla Parishad without right to vote.
Section 189 Special Invitees
(1) The Chairperson or Vice Chairperson of a Zilla Parishad or the Chairperson of a Standing Committee thereof may, for purposes of consultation, invite any person other than an office bearer of any political party having experience and specialised knowledge of any subject under its consideration to attend its meeting Such persons shall have the right to speak in and otherwise to take part in the proceedings of such meeting, but shall not, by virtue of this section, be entitled to vote at any such meeting.
(2) A person attending a meeting under sub section (1) shall be entitled to such allowances as may be prescribed.
Section 190 Rules for conduct of business at meetings
Every Zilla Parishad or a Standing Committee thereof shall in regard to the conduct of business at its meetings follow such rules as may be prescribed.
Section 191 Power of Zilla Parishad or its Standing Committee to call for documents from Chief Executive Officer
A Zilla Parishad or a Standing Committee thereof may, at any time require the Chief Executive Officer to furnish any document in his custody and he shall comply with every such requisition.
Section 192 Powers and functions of the Zilla Parishad
(1) Every Zilla Parishad shall exercise such powers and perform such functions as may be entrusted to it by rules made in this behalf with regard to the subjects enumerated in the First ScheduleThe Zilla Parishad shall also have the power to, -
(i) examine and approve the budgets of Mandal Parishads in the district;
(ii) distribute the funds allotted to the district by the Central or State Government among the Mandal Parishads and Mandals in the district for which Mandal Parishad are not constituted;
(iii) co ordinate and consolidate the plans prepared in respect of the Mandals in the district and prepare plans in respect of the entire district;
(iv) secure the execution of plans projects, schemes or other works either solely relating to the individual Mandals or common to two or more Mandals in the district.
(v) supervise generally the activities of the Mandal Parishads in the district;
(vi) exercise and perform such other powers and functions of the District Board including the powers to levy any tax or fees, as may be transferred to it under this Act;
(vii) exercise and perform such other powers and functions in relation to any development programme as the Government may, by notification confer on or entrust to it;
(viii) advise Government on all matters relating to development all activities and maintenance of services in the district, whether undertaking by local authorities or Government;
(ix) advise Government on the allocation of work among Gram Panchayats and Mandal Parishads and co ordination of work between the said bodies and among the various Gram Panchayats themselves;
(x) advise Government on matters concerning the implementation of any statutory or executive order specially referred by the Government to the Zilla Parishad;
(xi) collect such date as it deems necessary;
(xii) publish statistics or other information relating to the activities of the local authorities;
(xiii) require any local authority to furnish information regarding its activities;
(xiv) accept trusts relating exclusively to the furtherance of any purpose for which its funds may be applied;
(xv) establish, maintain, or expand secondary, vocational and industrial schools;
(xvi) borrow money for carrying out the purposes of this Act with the previous approval of the Government and subject to such terms and conditions as may be prescribed.
(2) The Zilla Parishad may, with the approval of the Government levy contributions from the funds of the Mandal Parishads in the district.
Section 193 Powers and functions of Chairperson and Vice Chairperson of the Zilla Parishad
(1) The Chairperson of Zilla Parishad shall, -
(a) exercise administrative control over the Chief Executive Officer for the purposes of implementation of the resolutions of the Zilla Parishad or any Standing Committee thereof;
(b) preside over and conduct the meetings of the Zilla Parishad;
(c) have full access to all records of the Zilla Parishad;
(2) The Vice Chairperson shall exercise such powers and perform such functions of the Chairperson as the Chairperson may, from time to time delegate to him in writing.
(3) When the office of the Chairperson is vacant, the Vice Chairperson of the Zilla Parishad shall exercise the powers and perform the functions of the Chairperson until a new Chairperson is elected.
(4) If the Chairperson has been continuously absent from the district for more than fifteen days or is incapacitated for more than fifteen days his powers and functions during such absence or incapacity shall devolve on the Vice Chairperson.
(5) When the office of the Chairperson is vacant or the Chairperson has been continuously absent from the district for more than fifteen days or is incapacitated for more than fifteen days and there is either a vacancy in the office of the Vice Chairperson or the Vice Chairperson has been continuously absent from the district for more than fifteen days or is incapacitated for more than fifteen days, the powers and functions of the Chairperson shall devolve on a member of the Zilla Parishad appointed by the GovernmentThe member so appointed shall be styled as the temporary Chairperson and he shall exercise the powers and perform the functions of the Chairperson subject to such restrictions and conditions as may be prescribed until a new Chairperson or Vice Chairperson assumes office after his election, or until the Chairperson or the Vice Chairperson returns to the district or recovers from his incapacity as the case may be.
(6) It shall be the duty of the Chairperson or the person for the time being exercising the powers and performing the functions of the Chairperson to convene the meetings of the Zilla Parishad so that atleast one meeting of the Zilla Parishad is held in every ninety daysIf the Chairperson or such person fails to discharge that duty with the result that no meeting is held within the said period of ninety days or within thirty days following such period he shall with effect from the date of expiration of thirty days aforesaid cease to be the Chairperson or as the case may be cease to exercise the powers and perform the functions of the Chairperson, unless such cessations has otherwise occurred before that date, and for a period of one year from that date he shall not be eligible to be elected as Chairperson or to exercise the powers and perform the functions of the Chairperson:
Provided that in reckoning any such period of ninety days or the period of thirty days following such period as the case may be referred to above, any public holiday shall be excluded.
(7) Where the District Collector is satisfied that the Chairperson or the person for the time being exercising the powers and performing the functions of the Chairperson has ex facie ceased to be the Chairperson or as the case may be, ceased to exercise the powers and functions of the Chairperson under sub section
(6) he shall forthwith intimate that fact by registered post to the Chairperson or such person.
Section 194 Rights of individual members to draw attention in respect of Zilla Parishad works
Any member of a Zilla Parishad may draw the attention of the Chairperson or Chief Executive Officer of the Zilla Parishad to any neglect in the execution of Zilla Parishad work to any waste of Parishad property or to the needs of any locality and may suggest any improvement which may appear desirable.
Section 195 Officers and other employees of the Zilla Parishad
(1) The Government may, at any time create such posts of officers and other employees of a Zilla Parishad as they may consider necessary for carrying out the purposes of this Act.
(2) All appointments to the posts created under sub section (1) and transfer of the holders of such posts shall be made, subject to the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984) the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the proviso to Article 309 of the Constitution.
(3) The Government shall pay, out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions, if any, towards the provident fund or of a pension cum provident fund of the officers and other employees of a Zilla Parishad who hold any of the posts referred to in sub section (1).
(4) The classification and methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the officer and other employees referred to in sub section (1), shall be regulated in accordance with the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (23 of 1984) the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (2 of 1994) and such rules as may be made under the proviso to Article 309 of the ConstitutionUntil the rules in that behalf are so made, the law for the time being in force regulating the recruitment and conditions of service, pay and allowances and discipline and conduct, applicable to such holder shall continue to apply to such holder.
(5) The Government may from time to time, by order give such directions to any Parishad or any officer, authority or person thereof, as may appear to them to be necessary for the purpose of giving effect to the provisions of this section; and the Zilla Parishad, Officer, authority or person shall comply with all such directions.
Section 196 Allowances for attending meeting of a Zilla Parishad or a Standing Committee
(1) There shall be paid to the non official members of a Zilla Parishad and a Standing Committee thereof such allowances as may be prescribed for attending a meeting of the Zilla Parishad or such Committee.
(2) There shall be paid to the Chairperson or Vice Chairperson of the Zilla Parishad in respect of their his tours on duty, whether within or outside the district but not outside the State, such allowances as may be prescribed.
Section 197 Funds of the Zilla Parishad
(1) All moneys received by the Zilla Parishad shall constitute a fund called the Zilla Parishad Fund and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.
(2) All moneys received by the Zilla Parishad shall be lodged in the nearest Government Treasury
Provided that the amounts received as funds under the Jawahar Rozgar Yojana Employment Assurences Scheme or other Wage Employment Schemes shall be lodged in nearby Nationalised banks or Co-operative Banks or PostOffices in such manner as may be prescribed.
(3) All orders or cheques against the Zilla Parishad Fund shall be signed by the Chief Executive Officer.
Section 198 Income and expenses of a Zilla Parishad
(1) The sources of income of Zilla Parishad shall consist of, -
(i) the Central or State Government funds allotted to the Zilla Parishad;
(ii) grants from All India Bodies and Institutions for the development of cottage, village and small scale industries and the like;
(iii) such share of the State taxes or fees as may be prescribed;
(iv) proceeds from taxes or fees which the Zilla Parishad may, under any law, levy;
(v) income from endowments or trusts administered by the Zilla Parishad;
(vi) donations and contributions from the Mandal Parishads or from the public in any form;
(vii) such contributions as the Zilla Parishad may levy from the Mandal Parishad with the previous approval of the Government;
(viii) any other income from remunerative enterprises and the like.
(2) The Government shall also make an annual grant at the rate of two rupees per person residing in the District calculated on the basis of the last preceding census of which figures are available.
(3) The expenses of the Zilla Parishad shall include the salaries and allowances of its officers and other employees, the allowances to be paid under Section 189 and Section 196, any item of expenditure directed by the Government for carrying out the purposes of this Act and such other expenses as may be necessary for such purposes.
Section 199 The Budget of the Zilla Parishad
(1) The Chief Executive Officer shall in each year, frame and place before the prescribed date, a budget showing the probable receipts and expenditure during the following year, and the Zilla Parishad shall sanction the budget, with such modifications, if any, as it thinks fit.
(2) The budget so sanctioned shall be submitted to the Government by the Chief Executive Officer through the Chairperson on or before such date as may be fixed by the Government and if the Government are satisfied that adequate provision has not been made therein or that it is otherwise unsatisfactory for giving effect to the provisions of this Act, they shall have the power to approve the budget with such modifications as they may consider necessary to secure such provision.
(3) If, for any reason, the budget is not sanctioned by the Zilla Parishad under sub section (1) before the date referred to in sub section (2), the Chief Executive Officer shall submit the budget to the Government who shall thereupon approve the budget as if it were submitted to them under sub section (2).
(4) If, in the course of a year, the Zilla Parishad finds it necessary to make any alterations in the budget with regard to its receipts or items of expenditure a revised or supplemental budget may be framed, submitted and sanctioned or approved as far as may be, in the manner provided in sub sections (1), (2) and (3).
PART 5 CONSTITUTION OF ANDHRA PRADESH ELECTION COMMISSION FOR LOCAL BODIES, CONDUCT OF ELECTION AND ELECTION OFFICERS
CHAPTER 1 Election Commission and Conduct of Elections
Section 200 Constitution of Andhra Pradesh Election Commission for Local Bodies
(1) There shall be constituted a Andhra Pradesh Election Commission for Local Bodies for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of elections to, all the Panchayat Raj Institutions governed by this Act.
(2) The said Election Commission shall consist of a State Election Commissioner The Governor on the recommendation of the Government shall appoint a person who is holding or who has held an office not less in rank than that of a Principal Secretary to Government as State Election Commissioner.
(3) The conditions of service and tenure of office of the Andhra Pradesh Election Commissioner for Local Bodies shall be such as the Governor may by rule determine:
Provided that the Andhra Pradesh Election Commissioner for Local Bodies shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
Section 201 Powers and functions of the Andhra Pradesh Election Commissioner for Local Bodies
(1) All elections to the Panchayat Raj Institutions shall be held under the supervision and control of the Andhra Pradesh Election Commission for Local Bodies and for this purpose it shall have power to give such directions as it may deem necessary to the Commissioner, District Collector or any officer or servant of the Government and the Panchayat Raj Institutions so as to ensure efficient conduct of the elections under this Act.
(2) The preparation of electoral rolls for the conduct of all elections under the Act shall be done under the supervision and control of the Andhra Pradesh Election Commission for Local Bodies.
(3) For the purposes of this section the Government shall provide the Andhra Pradesh Election Commission for Local Bodies with such staff as may be necessary.
(4) On the request of the Andhra Pradesh Election Commission for Local Bodies, the State Government shall place at the disposal of the Commission such staff of the State Government, Gram Panchayats, Mandal Parishads and Zilla Parishads for the purpose of conduct of elections under this Act.
(5) The Andhra Pradesh Election Commissioner for Local Bodies may, subject to control and revision, delegate his powers to such officers as he may deem necessary.
Section 201A Voting Machines at elections
Notwithstanding anything contained in this Act or 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 or Constituency or Constituencies as the State Election Commission may, having regard to the circumstances of each case, specify
Explanation :-For the purpose of this section, "Voting Machines, means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.
Section 202 Symbols for elections under the Act
The State Election Commission shall, by notification, specify the symbols that may be chosen by candidates contesting any election under this Act and the restrictions to which their choice shall be subject:
Provided that the Andhra Pradesh Election Commission for Local Bodies shall not in the case of elections to Gram Panchayats allot to any contesting candidate any symbol reserved for a recognised political party but in the case of elections to Mandal Parishads and Zilla Parishads, the Andhra Pradesh Election Commission for Local Bodies shall allot symbols including the symbols reserved for a recognised political party, where any candidate is set up by such political party.
Explanation In this section, the term "recognised political party "shall have the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order, 1968, issued under article 324 of the Constitution of India.
Section 202A Reservations to Backward Classes
For the purpose of reserving the offices of Sarpanch, President and Chairperson and members of the Gram Panchayats, Mandal Parishads and Zilla Parishads to the members belonging to the Backward Classes under this Act, the population figures of the Backward Classes, gathered in the Socio Economic Survey conducted by the Andhra Pradesh Backward Classes Co operative Finance Corporation Limited, Hyderabad, shall be taken as the basis.
Section 203 Reservation of offices to cease on the expiration of the period specified in Article 334
The provisions of this Act relating to reservation of offices of Sarpanch, President and Chairperson and members of the Gram Panchayats, Mandal Parishads and Zilla Parishads for the Scheduled Castes and Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.
Section 204 Injunctions not to be granted in election proceedings
Notwithstanding anything in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the preparation or publication of any electoral roll or for the conduct of any election.
Section 205 Requisitioning of premises for election purposes
(1) If it appears to the Andhra Pradesh Election Commissioner for Local Bodies that in connection with any election held under this Act,
(a) any premises are needed for or likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle is needed or is likely to be needed for the purpose of transport of personnel or ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the Andhra Pradesh Election Commissioner for Local Bodies may, by order in writing, requisition such premises or such vehicle, as the case may be, and may make such further orders as may appear to him to be necessary or expedient, in connection with the requisitioning:
Provided that no vehicle which is being lawfully used by a candidate or his agent for any purpose, connected with election of such candidate shall be requisitioned under this sub section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Andhra Pradesh Election Commissioner for Local Bodies to be the owner or person in possession, of the property and such order shall be served in the prescribed manner on the person to whom it is addressed.
(3) Whenever any premises is requisitioned under sub section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub section
Explanation For purposes of this section premises means any land, building or part of a building and includes a hut, shed or other structure or any part thereof and vehicle means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.
Section 206 Payment of compensation
(1) Whenever in pursuance of Section 205, the Andhra Pradesh Election Commissioner for Local Bodies requisitions any premises, there shall be paid to the person interested compensation the amount of which shall be determined by taking into consideration the following, namely:
(i) The rent payable, in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality:
(ii) If in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses if any incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Andhra Pradesh Election Commissioner for Local Bodies for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the State Election Commissioner may determine;
Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Election Commissioner to an arbitrator appointed in this behalf by the said Commissioner for determination, and shall be determined in accordance with the decision of such arbitrator.
ExplanationIn this sub section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under Section 205 immediately before the requisition or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of Section 205, the State Election Commissioner requisitions any vehicle, there shall be paid to the owner thereof compensation the amount of which shall be determined by the Andhra Pradesh Election Commissioner for Local Bodies on the basis of the fares or rates prevailing in the locality for the hire of such vehicle:
Provided that where the owner of such vehicle, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the Andhra Pradesh Election Commissioner for Local Bodies for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Andhra Pradesh Election Commissioner for Local Bodies may determine;
Provided further that where immediately before requisitioning, the vehicle was by virtue of a hire purchase agreement, in the possession of a person, other than the owner, the amount determined under this sub section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as the arbitrator appointed by the Andhra Pradesh Election Commissioner for Local Bodies in this behalf may decide.
Section 207 Power to obtain information
The Andhra Pradesh Election Commissioner for Local Bodies may with a view to requisitioning any property under Section 205 or determining the compensation payable under Section 206 by order, require any person to furnish to such authority as may be specified in the order, such information in his possession relating to such property as may be specified.
Section 208 Eviction from requisitioned premises
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 205 may summarily be evicted from the premises, by an officer empowered by the Andhra Pradesh Election Commissioner for Local Bodies in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
Section 209 Penalty for contravention of any order regarding requisitioning
If any person contravenes any order made under Section 205 or Section 207 he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
Section 210 Electoral officers and staff etcdeemed to be on deputation
(1) Any officer or staff employed in connection with the preparation, revision and correction of the electoral rolls 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.
(2) The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling officer and any other officer appointed under this Act, and any police officer designated for the time being by the State Government for the conduct of any elections shall be deemed to be on deputation to the Andhra Pradesh Election Commission for Local Bodies for the period commencing on and from the date of notification calling for such elections and ending with the date of declaration of the results of such elections and such officer shall, during that period, be subject to the control, superintendence and discipline of the Andhra Pradesh Election Commission for Local Bodies.
CHAPTER 2 Election Offences
Section 211 Corrupt Practices
The following shall be deemed to be corrupt practices for the purposes of this Act,
(1) Bribery, that is to say,
(A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing,
(a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to
(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward,
(a) by a person for standing or not standing as or for withdrawing or not withdrawing from being a candidate, or
(b) by any person whomsoever for himself or any other person for voting or refraining from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature
ExplanationFor the purposes of this clause the term gratification is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bonafide incurred at, or for the purpose of any election and duly entered in the account of election expenses.
(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent or of any other person with the consent of the candidate or his election agent with the free exercise of any electoral right:
Provided that -
(a) without prejudice to the generality of the provisions of this clause any such person as is referred to thereon, who
(i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community; or
(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;
(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols, or the use of, or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:
Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.
(4) The promotion of, or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate, or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or of prejudicially affecting the election of any candidate.
(5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent or any statement of fact which is false, and which he either believes to be false, or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate s election.
(6) The hiring or procuring whether, on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent or the use of such vehicle or vessel for the free conveyance of any elector other than that the candidate himself the members of his family or his agent to or from any polling station:
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power;
Provided further that the use of any public transport vehicle or vessel by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.
ExplanationIn this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(6-A) The incurring or authorising of expenses in contravention of Section 230-A.
(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate s election, from any person in the service of the State, Central Government, Local Authority or a Corporation owned or controlled by the State or Central Government:
Provided that where any person, in the service of the State or Central Government or a Local Authority in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for to or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate s election.
Explanation
(1) In this section the expression agent includes an election agent, a polling agent, and any person who is held to have acted as an agent in connection with election with the consent of the candidate.
(2) For the purposes of Clause (7) a person shall be deemed to assist in the furtherance of the prospects of a candidate s election if he acts as an election agent of that candidate.
(3) For the purposes of Clause (7) notwithstanding anything contained in any other law, the publication in the Andhra Pradesh Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Government shall be conclusive proof
(i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be; and
(ii) where the date of taking effect of such appointment resignation, termination of service, dismissal or removal from service,as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from services, such person ceased to be in such service with effect from the said date.
Section 212 Punishment for corrupt practice
If any person is guilty of any such corrupt practices as specified in Section 211 or in connection with an election he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees.
Section 213 Promoting enemity between classes in connection with election
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings or enemity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees.
Section 214 Prohibition of public meetings on the day preceding the pre election day and on the election day
(1) No person shall convene, hold or attend any public meeting in any polling area during the period of forty eight hours prior to the hour fixed for the commencement of the poll in the case of elections to Zilla Parishads and Mandal Parishads during the period of twenty four hours prior to the hour fixed for commencement of the poll in the case of elections to Gram Panchayats.
(2) Any person who convenes or holds a public meeting in contravention of the provisions of sub section (1) shall be punishable with imprisonment which may extend to three years and with fine which may extend to three thousand rupees.
Section 215 Disturbance at election meetings
(1) Any person who at a public meeting to which this section applies acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with fine which may extend to two hundred and fifty rupees.
(2) This section applies to any public meeting of a political character held in any constituency between the date of the issue of notification under this Act calling upon the constituency to elect a member or members or office bearers of a Local Authority and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under sub section (1) he may, if requested to do by the Chairperson of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.
Section 216 Restrictions on the printing of pamphlets, posters etc
(1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster,
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document
(i) where it is printed in the capital of the State, to the Election Commissioner, and
(ii) in any other case, to the District Magistrate of the district in which it is printed.
(3) For the purpose of this section,
(a) any process for multiplying copies of a document other than copying it by hand, shall be deemed to be printing and the expression printer shall be construed accordingly; and
(b) "election pamphlet or poster" means any printed pamphlet, hand bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub section (1) or sub section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both.
Section 217 Maintenance of secrecy of voting
(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes provisions of sub section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
Section 218 Officers etc., at elections not to act for candidates or to influence voting
(1) No person who is a District Election Officer or a returning officer or an assistant returning officer, or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act other than the giving of vote for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavor,
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub section (1) or sub section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both.
Section 219 Prohibition of canvassing in or near polling stations
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely,
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or signs (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub section (1) shall be punished with fine which may extend to two hundred and fifty rupees.
Section 220 Penalty for disorderly conduct in or near polling stations
(1) No person shall, on the date or dates on which a poll is taken at any polling station,
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both.
(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
(4) Any police officer may take such steps, and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub section (1), and may seize any apparatus used for such contravention.
Section 221 Penalty for misconduct at the polling station
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having opportunity of voting at that station.
(3) If any person who has been so removed from polling station re enters the polling station without the permission of the presiding officer he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
Section 222 Breaches of official duty in connection with elections
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which any extend to five hundred rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the District Election Officers, returning officers, assistant returning officers, presiding officers, polling officers, and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election and the expression "official duty" shall for the purposes of this section be construed accordingly but shall not include duties imposed otherwise than by or under this Act.
Section 223 Penalty for Government Servants etc for acting as election agent, polling agent or counting agent
If any person in the service of the State or Central Government or a local Authority or a Corporation owned or controlled by the State or Central Government acts as an election agent or a candidate at an election he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.
Section 224 Offence of booth capturing
Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees
ExplanationFor the purposes of this section "Booth capturing" includes, among other things, all or any of the following activities, namely,
(a) seizure of a polling station by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
(b) taking possession of a polling station by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from voting;
(c) threatening any elector and preventing him from going to the polling station to cast his vote;
(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects orderly counting of ballot papers;
(e) taking possession of a place for counting of votes;
(f) doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at any such activity in the furtherance of the prospects of the election of a candidate.
Section 225 Removal of ballot papers or ballot boxes from polling stations to be an offence
(1) Any person who at any election fraudulently takes or attempts to take a ballot paper or ballot box out of polling station, or wilfully aids or abets the doing of any such act shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend upto five thousand rupees.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub section (1), such officer may, before such person leaves the polling station arrest or direct a police officer to arrest such person and such person may cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody.
Section 226 Impersonation at election
Whoever at an election applies for a ballot paper or votes in the name of any other person, whether living or dead or in a fictitious name, or who having voted once at such election applies at the same election for a ballot paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way shall be punished with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.
Section 227 Other offences and penalities thereunder
(1) A person shall be guilty of an electoral offence if at any election he,
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudently defaces or destroys or removes any list, notice or other documents affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark or any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys; takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
(g) fraudulently or without due authority as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.
(2) Any person guilty of an electoral offence under this section shall,
(a) if he is a returning officer or an assistant returning office or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(3) For the purposes of this section a person shall be deemed to be on official duty if duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.
Section 228 Penalty for offences not otherwise provided for
Whoever does any act in contravention of any of the provisions of this Act, or of any rule, notification or order made, issued or passed, thereunder and not otherwise provided for in this Act shall, on conviction, be punished with imprisonment which extend to two years and with fine which may extend to two thousand rupees.
Section 229 Offences by companies
(1) Where an offence under this Act, has been committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;
Provided that nothing contained in this sub section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub section (1) where any offence under this Act has been committed by a company and it is proved that offence has been committed with the consent or connivance or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company such director, manager, secretary or other official shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly
Explanation For the purposes of this section
(a) "company" means any body corporate and includes a firm or other association or individuals; and
(b) "director" in relation to a firm means a partner in the firm.
CHAPTER 2A Election Expenses
Section 230 Application of Chapter
This Chapter shall apply to candidates of any election held under this Act.
Section 230A Account of election expenses
(1) Every candidate, at any election held under this Act shall, either by himself, or by his election agent, keep a separate and correct account of all expenditure incurred in 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 (hereinafter in this Chapter referred to as 'election expenses')
Explanation I :-'Election expenses' for purposes of this Act shall mean all expenses in connection with the election;
(a) incurred, or authorised by the contesting candidate, or by his election agent;
(b) incurred by any association, or body of persons, or by any individual (other than the candidate or his election agent), aimed at promoting or procuring the election of the candidate concerned; and
(c) incurred by any political party, by which the candidate is set-up, so as to promote or procure his election:
Provided that any expenses incurred by any political party as part of its general propaganda, (which is distinguishable from its election campaign, for the promotion or procuring the election of a particular candidate), by words, either written or spoken, or by signs or visible representations, or by audio-visual devises, or through print or electronic media or otherwise, shall not constitute 'election expenses' for purposes of this Act.
Explanation II :-(1) For the removal of doubts, it is hereby declared that any expenses incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of Section 211 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenses in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this sub-section.
(2) The account of election expenses shall contain such particulars, as may, by order, be specified by the State Election Commission.
(3) The total of the said expenses shall not exceed such amount, as may, by order, be specified by the State Election Commission.
Section 230B Lodging of account with the District Election Authority
Every contesting candidate at an election shall, within forty five days from the date of declaration of the result of the election, lodge with the District Election Authority, an account of his election expenses, which shall be a true copy of the account kept by him, or by his election agent, under Section 230-A
CHAPTER 3 Miscellaneous Election Matters Vacation of Seats and Offices
Section 231 Adjournment of poll or countermanding of election on the ground of booth capturing
(1) If at any election,
(a) booth capturing has taken place at a polling station or in such number of polling stations as is likely to affect the result of such election or that the result of the poll at that polling station cannot be ascertained; or
(b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Andhra Pradesh Election Commissioner for Local Bodies.
(2) The Andhra Pradesh Election Commissioner for Local Bodies shall on the receipt of a report from the returning officer under sub section (1) and after taking all material circumstances into account, either,
(a) declare that the poll at that polling station be void, appoint a day, and fix the hours, for taking fresh poll at that polling station and notify the date so appointed and hours so fixed in such manner as he may deem fit, or
(b) if satisfied that in view of the large number of polling stations involved in booth capturing the result of the election is likely to be affected or that booth capturing had affected counting of votes in such manner as to effect result of the election, countermand the election in that constituency
ExplanationIn this section "booth capturing" shall have the same meaning as in Section 224.
Section 232 Power to delegate
The Andhra Pradesh Election Commissioner for Local Bodies may, subject to such conditions and restrictions as the Government may, by general or special order, impose, by order in writing delegate to any officer or authority subordinate to him, either generally or as respects any particular matter or class of matters any of his powers under this Act.
Section 233 Election petitions
No election held under this Act shall be called in question except by an election petition presented to such authority and in accordance with such rules as may be made in this behalf.
Section 234 Prohibition of holding dual offices and vacation of seats
(1) No person shall be entitled to contest in the elections to the offices of member of the Gram Panchayat from more than one ward or to the office of member of the Mandal Parishad or Zilla Parishad from more than one territorial constituency.
(2) No person shall be a member of the Gram Panchayat, member of the Mandal Parishad or Zilla Parishad simultaneously and if he is so elected, he shall retain only one office and vacate the other office or offices in the manner prescribed.
(3) Where a person is elected to more than one office of member of the Gram Panchayat or Mandal Parishad or Zilla Parishad and Sarpanch or President or Chairperson he shall retain one office and vacate the other office or offices in the manner prescribed except when his continuance as member of the Mandal Parishad or Zilla Parishad is necessary to continue as President or as the case may be the Chairperson thereof.
PART 6 Finance Commission
Section 235 Constitution of Finance Commission
(1) The Governor shall on the recommen dation of the State Government constitute a Finance Commission as soon as may be within one year from the date of commencement of the Constitution (Seventy third) Amendment Act, 1992 and thereafter on the expiration of every fifth year.
(2) The Finance Commission shall consist of a Chairperson and four other members of whom one shall be the Member SecretaryThe Governor shall by order appoint on the recommendation of the Government the Chairperson and other members of the Commission.
(3) The Government shall make available to the Finance Commission such staff as may be necessary for the discharge of the functions conferred on the Finance Commission.
Section 236 Qualifications for appointment as, and the manner of selection of, members of the Commission
The Chairperson of the Commission shall be selected from among persons who have had experience in public affairs and the other members shall be selected from among persons who
(a) have special knowledge of the finances and accounts of Government; or
(b) have had wide experience in financial matters and in administration; or
(c) have special knowledge of economics.
Section 237 Personal interest to disqualify members
Before appointing a person to be a member of the Commission the Governor shall satisfy himself that the person will have no such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission, and the Governor shall also satisfy himself from time to time with respect to every member of the Commission that he has no such interest and any person who is, or whom the Governor proposes to appoint to be a member of the Commission shall, whenever required by the Governor so to do, furnish to him such information as the Governor considers necessary for the performance by him of his duties under this section.
Section 238 Disqualifications for being a member of the Commission
A person shall be disqualified for being appointed as, or for being a member of the Commission,
(a) if he is of unsound mind;
(b) if he is an undischarged insolvent;
(c) if he has been convicted of an offence involving moral turpitude;
(d) if he has such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission.
Section 239 Term of office of members and eligibility for reappointment
Every member of the Commission shall hold office for such period as may be specified in the order of the Governor appointing him, but shall be eligible for; reappointment:
Provided that he may, by letter addressed to the Governor, resign his office.
Section 240 Conditions of service and salaries and allowances of members
The members of the Commission shall render whole time or part time service to the Commission as the Governor may in each case specify, and there shall be paid to the members of the Commission such fees or salaries and such allowances as the State Government may, by rules made in this behalf, determine.
Section 241 Functions of the Commission
(1) The Finance Commission shall review the financial position of the Gram Panchayts, Mandal Parishads and Zilla Parishads and make recommendations to the Government as to,
(a) the principles which should govern
(i) the distribution between the State and the said Gram Panchayats and Parishads of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the said Gram Panchayats and Parishads at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or apportioned by, the said Gram Panchayats and Parishads;
(iii) the Grant in aid to the said Gram Panchayats and Parishads from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the said Gram Panchayats and Parishads.
(2) The Government shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon, to be laid before the Legislature of the State.
Section 242 Procedure and powers of the Commission
(1) The Commission shall determine their procedure and in the performance of their functions shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely,
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the production of any document;
(c) requisitioning any public record from any court or office.
(2) The Commission shall have power to require any person to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission and any person so required shall, notwithstanding anything contained in sub section (2) of Section 54 of the Indian Income Tax Act, 1922 (Central Act 2 of 1922), or in any other law for the time being in force, be deemed to be legally bound to furnish such information within the meaning of Section 176 of the Indian Penal Code (Central Act 45 of 1860).
(3) The Commission shall be deemed to be a Civil Court for the purposes of Sections 345 (1) and 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)
Explanation For the purposes of enforcing the attendance of witnesses, the local limits of the Commission s jurisdiction shall be the limits of the territory of the State of Andhra Pradesh.
PART 6A Special Provisions relating to the Panchayats, Mandal Parishads and Zilla Parishads located in the Scheduled Areas
Section 242A Application of this Part
(1) The provisions of this part shall apply to the Gram Panchayats, Mandal Parishads and Zilla Parishads constituted in the Scheduled Areas in the State.
(2) The provisions of this Part shall prevail over anything inconsistent therewith elsewhere in this Act.
Section 242B Declaration of village in Scheduled Areas
For the purposes of Section 3 a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or group of hamlets thereof comprising a community or communities and managing the affairs in accordance with traditions and customs.
Section 242C Functions of Gram Sabha
(1) Every Gram Sabha shall be competent safeguard and preserve the traditions and customs of the people, their cultural identity community resources and without detriment to any law for the time being in force, it customary mode of dispute resolution.
(2) Every Gram Sabha shall,-
(i) approve plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat, at the village level;
(ii) be responsible for the identification of selection of persons as beneficiaries, under poverty alleviation and other programmes.
(3) Every Gram Panchayat shall obtain from the Gram Sabha a certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in sub-section (2).
Section 242D Reservation of seats of members of Gram Panchayat and Mandal Parishad and Offices of Sarpanchas of Gram Panchayats and Presidents of Mandal Parishads
The reservation of seats in the Scheduled Areas to every Gram Panchayat and Mandal Parishad shall be in proportion to the population of the communities in that Gram Panchayat or the Mandal Parishad as the case may be :
Provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats;
Provided further that all seats of Sarpanchas of Gram Panchayats and Presidents of Mandal Parishads shall be reserved for the Scheduled Tribes.
Section 242E Nomination of persons
The Government may nominate persons belonging to such Scheduled Tribes who have no representation in Mandal Parishads :
Provided that such nomination shall not exceed one tent of the total members to be elected in that Mandal Parishad.
Section 242F Acquisition of land in the Scheduled Areas
The Mandal Parishad shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons evicted by such projects in the Scheduled Areas, the actual planning and implementation of the projects in the Scheduled Areas shall be co-ordinated at the State Level.
Section 242G Management of minor water bodies in the Scheduled Areas
Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Gram Panchayats, Mandal Parishads of the Zilla Parishads, as the case may be in such manner as may be prescribed.
Section 242H Minor minerals in the Scheduled Areas
(1) The recommendations of the Gram Panchayat, made in such manner as may be prescribed, shall ue taken into consideration prior to grant of prospecting license or mining lease, for minor minerals in the Scheduled Areas.
(2) The prior recommendation of the Gram Panchayat, made in such manner as may be prescribed, shall be taken into consideration for grant of concession for the exploitation of minor minerals by auction.
Section 242I Powers and functions of Gram Panchayats and Mandal Parishads
(1)The Gram Panchayat or as the case may be the Gram Sabha shall exercise such powers and perform such functions in such manner and to such extent as may be prescribed in respect of the following matters, namely
(a) enforcement of prohibition or regulation or restriction of the sale and consumption of any intoxicant;
(b) the ownership of minor forest produce;
(c) prevention of alienation of land in the Scheduled Areas and restoration of any unlawfully alienated land of a Scheduled Tribe;
(d) Management of village markets by whatever name called; and
(e) exercising control over money lending to the Scheduled Tribe.
(2) The Mandal Parishad shall exercise such powers and perform such functions in such manner and to such extent as may be prescribed, in respect of the following matters, namely
(a) exercising control over institutions and functionaries in all social sectors; and
(b) control over local plans and resources for such plans including tribal sub plans.
PART 7 Miscellaneous
Section 243 Transfer of powers and functions of District Board to Mandal Parishads and Zilla Parishads
(1) Notwithstanding anything in the relevant District Boards Act or any other law, the Government may, by notification and subject to such control, restrictions, conditions and reservations as may be specified therein, direct that any powers exercisable or functions performable by a District Board by or under the relevant District Boards Act or any other law for the time being in force including the powers to levy any tax or fees, shall be transferred to a Mandal Parishad or a Zilla Parishad and thereafter the Mandal Parishad or the Zilla Parishad as the case may be, shall exercise and perform the powers and functions transferred to it.
(2) When any powers and functions of the District Board are transferred to a Mandal Parishad or a Zilla Parishad under sub section (1), all references in the relevant District Boards Act or any other law for the time being in force to the District Board with reference to such powers and functions shall be construed as references to the Mandal Parishad or the Zilla Parishad as the case may be.
Section 244 of the relevant District Boards Act to Mandal Parishads and Zilla Parishads
Application
(1) The Government may, by notification, direct that such of the provisions of the relevant District Boards Act, including the provisions relating to the levy and collection of any tax or fee as may be specified in such notification, shall apply to the Mandal Parishad and the Zilla Parishad constituted under this Act For the purpose of facilitating the application of these provisions to the Mandal Parishad and Zilla Parishad constituted under this Act, the Government may, by notification, make such adaptations and modifications of the relevant District Boards Act and the rules made thereunder whether by way of repealing, amending or suspending any provisions thereof, as may be necessary or expedient and thereupon the relevant District Boards Act and the rules made thereunder shall have effect subject to the adaptations and modifications so made.
(2) Notwithstanding that no provision or insufficient provision has been made under sub section (1) for the adaptations of the provisions of the relevant District Boards Act, or the rules made thereunder, any court, tribunal or authority required or empowered to enforce these provisions may, for the purpose of facilitating their application to any Mandal Parishad or the Zilla Parishad construe these provisions in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the Court, Tribunal or Authority.
Section 245 Motion of no confidence in Upa Sarpanch, President or Chairperson
(1) A motion expressing want of confidence in the Upa Sarpanch or President or Vice President or Chairperson or Vice Chairperson may be made by giving a written notice of intention to move the motion in such form and to such authority as may be prescribed, signed by not less than one half of the total number of members of the Gram Panchayat, Mandal Parishad or as the case may be the Zilla Parishad and further action on such notice shall be taken in accordance with the procedure prescribed:
Provided that no notice of motion under this section shall be made within two years of the date of assumption of office by the person against whom the motion is sought to be moved;
Provided further that no such notice shall be made against the same person more than once during his term of office.
Explanation For the removal of doubts, it is hereby declared that for the purpose of this section the expression "total number of members" means, all the members who are entitled to vote in the election to the office concerned inclusive of the Sarpanch, President or Chairperson but irrespective of any vacancy existing in the office of such members at the time of meeting:
Provided that a suspended office bearer or member shall also be taken into consideration for computing the total number of members and he shall also be entitled to vote in a meeting held under this section.
(2) If the motion is carried with the support of two thirds of the total number of members in the case of a Upa Sarpanch, the Commissioner shall and in the case of the President or Vice President or the Chairperson or Vice Chairperson, the Government shall by notification remove him from office and the resulting vacancy shall be filled in the same manner as a casual vacancy
Explanation For the purposes of the Section, in the determination of two-thirds of the total number of members, any fraction below 0.5 shall be ignored and any fraction of 0.5 or above shall be taken as one.
Section 246 Power to cancel or suspend resolution of a Gram Panchayat, Mandal Parishad or a Zilla Parishad
(1) The Government may either suo motu or on a reference made to them by the Executive Officer or Mandal Parishad Development Officer or as the case may be, the Chief Executive Officer, in the manner prescribed by order in writing cancel any resolution passed by a Gram Panchayat, Mandal Parishad or a Zilla Parishad or any Standing Committee of a Zilla Parishad if in their opinion such resolution,
(a) is not legally passed; or
(b) is in excess or abuse of the powers conferred by or under this Act, or any other law; or
(c) on its execution is likely to cause danger to human life, health or safety or is likely to lead to riot or affray.
(2) The Government shall, before taking action under sub section (1), give the Gram Panchayat, Mandal Parishad or the Zilla Parishad as the case may be, an opportunity for explanation.
(3) If in the opinion of the District Collector, immediate action is necessary to suspend a resolution on any of the grounds referred to in Clause (c) of sub section (1), the may make a report to the Government and the Government may, by order in writing, suspend the resolution.
Section 247 Power of Government to take action in default of a Gram Panchayat, Mandal Parishad or a Zilla Parishad
(1) If at any time it appears to the Government that a Gram Panchayat or the Sarpanch thereof or the Mandal Parishad the President thereof or the Zilla Parishad or the Chairperson thereof or any Standing Committee of the Zilla Parishad has made default in performing any function or discharging any duty imposed by or under this Act, or any relevant law for the time being in force, the Government may, by order in writing fix a period for performing such function or discharging such duty.
(2) If such function or duty is not performed or discharged by any authority aforesaid within the period so fixed, the Government may appoint some person to perform the function or discharge that duty and may direct that the expense incurred in that regard shall be paid by the person having the custody of the Gram Panchayat Fund, Mandal Parishad Fund or the Zilla Parishad Fund, as the case may be, in priority to any other charges against such fund except charges for the service of authorised loans.
Section 248 Power of Government to issue directions
(1) Notwithstanding anything contained in this Act, it shall be competent for the Commissioner or the Government to issue such directions as they may consider necessary to the Executive Authority, Mandal Parishad Development Officer or the Chief Executive Officer for the proper working of the Gram Panchayat, Mandal Parishad, or as the case may be, the Zilla Parishad or for the implementation of the resolutions thereof and the Executive Authority, Mandal Parishad Development Officer or as the case may be, the Chief Executive Officer shall implement those directions, failing which, he shall be liable for disciplinary action under the relevant rules
(2) The Sarpanch of the Gram Panchayat, the President of Mandal Parishad or as the case may be, the Chairperson of the Zilla Parishad shall ensure that the Executive Officer, Mandal Parishad Development Officer or as the case may be, the Chief Executive Officer implements the directions issued by the Government under sub section (1) and shall not do anything in derogation to the directions of the Government aforesaidThe Sarpanch, the President or the Chairperson who contravenes the provisions of this section shall be deemed to have willfully omitted or refused to carry out the orders of the Government for the proper working of the Gram Panchayat, Mandal Parishad or as the case may be, the Zilla Parishad within the meaning of Section 249.
Section 249 Powers of Government to remove Sarpanch, President or Chairperson etc
(1) If in the opinion of the District Collector the Sarpanch or the Upa Sarpanch and in the opinion of the Government the President or the Vice President or as the case may be, the Chairperson or the Vice Chairperson
(i) willfully omitted or refused to carry out the orders of the Government for the proper working of the concerned local body; or
(ii) abused his position or the powers vested in him; or
(iii) is guilty of misconduct in the discharge of his duties; or
(iv) persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned local body or has become incapable of such performance:
Provided that the proceedings initiated under this sub section may be continued notwithstanding the fact that the Sarpanch or Upa Sarpanch, President or Vice President, or as the case may be, the Chairperson or Vice Chairperson ceased to hold office by resignation or otherwise and shall be concluded within two years from the date of such cessation and where on such conclusion the authority competent to remove him, records a finding after giving an opportunity of making a representation to the person concerned that the charge or charges proved against him are sufficient for his removal, then the provision of sub section (3) shall apply to the person against whom such finding is recorded.
(2) Where the Sarpanch or Upa Sarpanch, the President or the Vice President or the Chairperson or Vice Chairperson is removed under sub section (1) the vacancy shall, subject to the provisions of sub section (3) be filled as casual vacancies.
(3) A Sarpanch or Upa Sarpanch, a President or a Vice President or Chairperson or Vice Chairperson removed from his office under this section shall not be eligible for re election as Sarpanch or Upa Sarpanch, President or Vice President or Chairperson or Vice Chairperson for a period of two years from the date of the removal.
(4) If the District Collector is satisfied that any elected member of the Gram Panchayat or the Government are satisfied that any elected member of a Mandal Parishad or Zilla Parishad is guilty of any misconduct while acting or purporting to act in the discharge of his duties, or in the performance of the functions, under this Act, the District Collector or as the case may be, the Government may, by order, remove such member, after giving him an opportunity for explanation, and any member so removed shall not be eligible for re election as a member for a period of two years from the date of removal.
(5) Where a member of Gram Panchayat, Mandal Parishad or Zilla Parishad is removed under sub section (4), the vacancy shall be filled in such manner and within such time as may be prescribed.
(6) If the District Collector is of the opinion that a Sarpanch or a Upa Sarpanch or any member of a Gram Panchayat or the Government are of the opinion that any President or Vice President or the Chairperson or Vice Chairperson or any member of a Mandal Parishad or Zilla Parishad wilfully omitted or refused to carry out the orders of Government for the proper working of the concerned local body or abused his position or the powers vested in him, and that the further continuance of such person in office would be detrimental to the interests of the concerned local body or the inhabitants of the village, Mandal or District, the District Collector or as the case may be, Government may, by order, suspend such Sarpanch or Upa Sarpanch or President or Vice President or as the case may be, the Chairperson or Vice Chairperson or member from office for a period not exceeding three months, pending investigation into the said charges and action thereon under the foregoing provisions of this section:
Provided that no order under this sub section shall be passed unless the person concerned has had an opportunity of making a representation against the action proposed;
Provided further that it shall be competent for the Government to extend, from time to time, the period of suspension for such further period not exceeding three months, so however that the total period of suspension shall not exceed six months;
Provided also that a person suspended under this sub section shall not be entitled to exercise the powers and perform the functions attached to his office and shall not be entitled to attend the meetings of the concerned local body except at a meeting held for the consideration of a no confidence motion.
(7) Any person aggrieved by an order of removal passed by the District Collector under sub section (1) or sub section (4) may, within thirty days from the date of the order prefer an appeal to the Government and the Government may, pending a decision on such appeal, stay the order appealed against.
Section 250 Powers of Government to dissolve Gram Panchayat, Mandal Parishad or Zilla Parishad
(1)
(i) If, at any time, it appears to the Government that a Gram Panchayat, Mandal Parishad or Zilla Parishad is not competent to perform its functions or has failed to exercise its powers or perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, or any other law for the time being in force, the Government may direct the Gram Panchayat, Mandal Parishad or as the case may be, Zilla Parishad to remedy such incompetency, failure, excess or abuse or to give a satisfactory explanation therefor and if the Gram Panchayat, Mandal Parishad or Zilla Parishad fails to comply with such direction, the Government may dissolve it with effect from a specified date and reconstitute it either immediately or within six months from the date of dissolution, and cause any or all of the powers and functions of the Gram Panchayat, Mandal Parishad or Zilla Parishad to be exercised and performed by such person or authority as the Government may appoint in that behalf during the period of its dissolution and any person or authority so appointed may, if the Government so direct, receive remuneration for the services rendered from the funds of the Gram Panchayat, Mandal Parishad or the Zilla Parishad as the case may be.
(ii) With effect from the date specified for the dissolution of a Gram Panchayat, Mandal Parishad or Zilla Parishad under Clause (i), all its members including its Sarpanch, Upa Sarpanch, President or Vice President and Chairperson or Vice Chairperson, as the case may be, shall forthwith be deemed to have vacated their offices as such and they shall not be entitled to be restored to office after the expiration of the period of dissolutionThe vacancies arising out of vacation of offices under this section shall be deemed to be casual vacancies and filled accordingly within a period of six months from the date of dissolution:
Provided that no casual elections to fill the vacancies under this section shall be held where the remainder of the period for which the dissolved Gram Panchayat, Mandal Parishad or as the case may be, the Zilla Parishad would have continued had it not been dissolved is less than six months.
(2) The Government may, by notification, authorise the District Collector to exercise the powers of the Government under sub section (1) in respect of Gram Panchayats.
(3) If, at any time if appears to the Government that a Standing Committee of a Zilla Parishad is not competent to perform its functions or has failed to exercise its powers or perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, or any other law for the time being in force, the Government may direct the Standing Committee to remedy such incompetency, failure, excess or abuse, or to give a satisfactory explanation therefor and if the Standing Committee fails to comply with such direction, the Government may dissolve the Standing Committee and direct the Zilla Parishad to re constitute the dissolved Standing Committee immediately thereafter.
Section 251 Acts of Gram Panchayats, Mandal Parishads and Zilla Parishads not to be invalidated by informality, vacancy etc
(1) No act of a Gram Panchayat shall be deemed to be invalid by reason only of a defect in the establishment of such Gram Panchayat or on the ground that the Sarpanch, Upa Sarpanch or any member of such Gram Panchayat was not entitled to hold, or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election, as the case may be, or by reason of such act having been done during the period of any vacancy in the office of the Sarpanch, Upa Sarpanch, or member of such Gram Panchayat.
(2) The provisions of sub section (1) shall mutatis mutandis apply to the acts of a Mandal Parishad or a Zilla Parishad or a Standing Committee thereof.
Section 252 Oath of allegiance
(1) Every person who is elected to be the Sarpanch or member of a Gram Panchayat or the President or member of a Mandal Parishad or the Chairperson or member of a Zilla Parishad shall, before taking his seat make, at a special meeting or any other meeting of the Gram Panchayat, Mandal Parishad or a Zilla Parishad as the case may be, an oath or affirmation of his allegiance to the Constitution of India in the form prescribed.
(2) Any such Sarpanch, President or Chairperson or member who fails to make, within three months of the date on which his term of office commences, or at one of the first three meetings held after the said date, whichever is later, the oath of affirmation laid down in sub section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) No such Sarpanch, President or Chairperson or member shall take his seat at a meeting of the Gram Panchayat, Mandal Parishad or, as the case may be, of the Zilla Parishad or do any act as such member unless he has made the oath of affirmation as laid down in this section.
(4) Where a person ceases to hold office under sub section (2), the Executive Officer, the Mandal Parishad Development Officer, or, as the case may be, the Chief Executive Officer, shall report the same to the Gram Panchayat, Mandal Parishad or a Zilla Parishad at its next meeting and on application of such person made within thirty days of the date on which he has ceased to be Sarpanch, President or Chairperson or member under that sub section the Gram Panchayat, Mandal Parishad or the Zilla Parishad may grant him further time which shall not be less than four months and not more than nine months for making the oath of affirmation and if he makes the oath of affirmation within the time so granted, he shall, notwithstanding anything in this Act, continue to hold his office.
(5) Where on an application made by a person who ceases to hold office under sub section (2), the Government are satisfied that such person for reasons beyond his control, has not been able to make the oath or affirmation within the period specified in sub section (2) or within further time, if any, granted to him under sub section (4), they may by an order grant such further time as they deem fit to the person to make the oath or affirmation If such person makes the oath or affirmation within the time granted he shall, notwithstanding anything in this Act, continue to hold his office.
Section 253 Administration Report
(1) Every Mandal Parishad shall furnish to the Zilla Parishad and every Zilla Parishad shall furnish to the Government a report on its administration for each year, as soon as may be, after the close of such year, in such form and with such details as may be prescribedThe Mandal Parishad shall, while furnishing the report to Zilla Parishad as aforesaid send a copy thereof to the Government.
(2) The Zilla Parishad shall consider the administration report of each Mandal Parishad and forward it to the Government with its remarks.
(3) The report of the Mandal Parishad shall be prepared by the Mandal Parishad Development Officer and that of the Zilla Parishad by its Chief Executive Officer and the Mandal Parishad or the Zilla Parishad shall consider and forward it to the Zilla Parishad or the Government, as the case may be, with its resolution thereon.
(4) The administration report of the Gram Panchayat shall be prepared by the Executive Officer if there is one and if there is no Executive Officer by the Mandal Parishad Development Officer having jurisdiction over the Gram Panchayat The same shall be forwarded to District Panchayat Officer who shall process it in the prescribed manner.
Section 254 Recovery of sums due to the Gram Panchayats, Mandal Parishads or Zilla Parishad as arrears of land revenue
Any sum due to, or recoverable, by a Gram Panchayat, Mandal Parishad or a Zilla Parishad under this Act may be recovered as if it were an arrear of land revenue.
Section 255 Power of entry of inspecting officers
(1) Any officer or person whom the Government may empower in this behalf may enter on and inspect,
(a) any immovable property, or any work in progress under the control of any Gram Panchayat, Mandal Parishad or the Zilla Parishad;
(b) any school, hospital, dispensary, vaccination station, choultry or other institution maintained by, or under the control of any Gram Panchayat, Mandal Parishad or Zilla Parishad and any records, registers or other documents kept in such institution;
(c) the office of any Gram Panchayat, Mandal Parishad or Zilla Parishad and any records, registers or other documents kept therein.
(2) The Gram Panchayat, Mandal Parishad or the Zilla Parishad shall be bound to afford to the officer or person referred to in sub section (1) such access at all reasonable times, to its property or premises and to all documents as may, in the opinion of such officer or person, be necessary to enable him to discharge his duties under the said sub section.
Section 256 Power to call for records etc
The Government or any officer or person duly empowered by them in this behalf, may,
(a) call for any record, register or other document in the possession or under the control of any Gram Panchayat, Mandal Parishad or Zilla Parishad;
(b) require any Gram Panchayat, Mandal Parishad or Zilla Parishad to furnish any return, plan, estimate, statement, account or statistics;
(c) require any Gram Panchayat, Mandal Parishad or Zilla Parishad to furnish any information or report on any matter connected with such Gram Panchayat, Mandal Parishad or Zilla Parishad; and
(d) record in writing for the consideration of any Gram Panchayat, Mandal Parishad or Zilla Parishad any observations, the Government, officer or person may think proper to make in regard to the proceedings or duties of such Gram Panchayat, Mandal Parishad or Zilla Parishad.
Section 257 Protection of acts done in good faith
No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is, in good faith, done or intended to be done under this Act or under the rules made thereunder.
Section 258 Chairperson, President, Sarpanch etc, to be public servants
The Chairperson, the Vice Chairperson or a member of a Zilla Parishad, the President, the Vice President or a member of a Mandal Parishad, the Sarpanch, Upa Sarpanch or member of a Gram Panchayat, the Chief Executive Officer, the Mandal Parishad Development Officer, the Executive Officer, or any officer or servant of a Zilla Parishad or a Mandal Parishad or the Gram Panchayat shall be deemed to be a public servant, within the meaning of Section 21 of Indian Penal Code (Central Act 45 of 1860).
Section 259 Power of Mandal Parishad and Zilla Parishad to make bye laws
(1) Subject to such rules as may be made a Mandal Parishad with the approval of the Zilla Parishad and the Zilla Parishad may, with the approval of the Government, make bye laws for carrying out any of the purposes for which it is constituted.
(2) The Government shall have power to make rules regarding the procedure for making of bye laws under this section, the publication thereof and the date on which they shall come into effect.
Section 260 Delegation of powers etc
(1) The Government may, by notification authorise any officer or person to exercise any of the powers vested in them by this Act except the power to make rules; and may in like manner withdraw such authority.
(2) The Commissioner or the District Collector may, by notification, authorise any officer or person to exercise any of the powers vested by or under this Act in the Commissioner or the District Collector, as the case may be, and may in like manner withdraw such authority.
(3) The exercise of any power delegated under sub section (1) or sub section (2) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification and also to control and revision by the delegating authority, or where such authority is the Government, by such persons as may be empowered by the Government in this behalfThe Government shall also have power to control and revise the acts or proceedings of any persons so empowered.
(4) The exercise of any power conferred on the Commissioner or the District Collector by any of the provisions of this Act, including sub sections (2) and (3) of this Section, shall whether such power is exercised by the Commissioner or the District Collector himself or by any person to whom it has been delegated under sub section (2), be subject to such restrictions and conditions as may be prescribed and also to control by the Government or by such person as may be empowered by them in this behalfThe Government shall also have power to control the acts or proceedings of any persons so empowered.
(5)
(a) The Andhra Pradesh Election Commissioner for Local Bodies, may by notification, authorise any officer or person to exercise in any local area in the revenue district in regard to any Gram Panchayat, or all Gram Panchayat in that area, any of the powers vested in him by or under this Act, or in regard to any Mandal Parishad or Zilla Parishad in so far as it relates to the conduct of elections under this Act, and may, in like manner, withdraw such authority.
(b) The provisions of sub section (3) and (4) shall apply, as far as may be, in regard to the power delegated under this sub section.
(c) The Andhra Pradesh Election Commissioner for Local Bodies may appoint such number of additional, joint, deputy or assistant election authorities, as it thinks fit to exercise such powers and perform such functions as are assigned by the Andhra Pradesh Election Commission for Local Bodies.
(6) A Mandal Parishad or a Zilla Parishad or any person exercising or performing any powers or functions by or under the provisions of this Act may delegate its or his powers or functions in writing to any person or authority, subject to such restrictions, limitations and conditions as may be prescribed and also to control and revision by the Government:
Provided that the President of a Mandal Parishad or the Chairperson of a Zilla Parishad shall not delegate his powers to any person or authority other than the Vice President of the Mandal Parishad or the Vice Chairperson of the Zilla Parishad as the case may be, if he is in office.
Section 261 Power to transfer institutions and works
The Government may transfer any institution or work under their management or control to a Zilla Parishad or a Mandal Parishad and a Zilla Parishad may transfer any institution under its management or control to any Mandal Parishad or Gram Panchayat, subject to such conditions, limitations and restrictions as may be specified by the Government or the Zilla Parishad, as the case may be:
Provided that no such transfer shall be made unless the prior consent of the concerned Zilla Parishad, Mandal Parishad as the case may be, is obtained.
Section 262 Emergency powers of the Government, Commissioner and District Collector
(1) Subject to such control as may be prescribed, the Government, the Commissioner or the District Collector may, in cases of emergency, direct or provide for the execution of any work, or the doing of any act which a Gram Panchayat or Executive Authority is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the safety of the public, and may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the Gram Panchayat fund in priority to any other charges against such fund except charges for the service of authorised loans.
(2) The powers of the nature referred to in sub section (1) may be exercised by the Government in the case of a Mandal Parishad or a Zilla Parishad subject to the variation that for the expression "Executive Authority", the expression "Mandal Parishad Development Officer" or as the case may be "Chief Executive Officer" and for the expression "Gram Panchayat Fund", the expression "Mandal Parishad Fund" or as the case may be the "Zilla Parishad Fund" is substituted.
Section 263 Control over electrical undertakings of Gram Panchayats
The administration by a Gram Panchayat of any undertaking for the generation, transmission, supply or use of electrical energy shall be subject to such control as may be prescribed, not inconsistent with the provisions of the Indian Electricity Act, 1910 (Central Act 9 of 1910), or the Electricity (Supply) Act, 1948 (Central Act 54 of 1948), as in force for the time being, the rules made under those Acts, and the terms of the licence granted thereunder to the Gram Panchayat.
Section 264 Power of Review and Revision by Government
(1) The Government may, either suo motu or on application from any person interested, call for and examine the record of a Gram Panchayat, Mandal Parishad or a Zilla Parishad or of its Standing Committees or of any authority, officer or person, in respect of any proceeding to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or orders passed therein and, if in any case, it appears to the Government that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly:
Provided that the Government shall not pass any order prejudicial to any party unless such party has had an opportunity of making a representation.
(2) The Government may stay the execution of any such decision or order pending exercise of their powers under sub section (1) in respect thereof.
(3) The Government may suo motu at any time or on an application received from any person interested within ninety days of the passing of an order under sub section (1), review any such order if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact The provisions contained in the proviso to sub section (1) and in sub section (2) shall apply in respect of any proceeding under this sub section as they apply to a proceeding under sub section (1).
(4) Every application preferred under sub section (1) shall be accompanied by a fee of fifteen rupees.
Section 265 Liability of Sarpanch, President, Chairperson etc., for loss, waste or mis application of property
(1) If, after giving the Sarpanch, Upa Sarpanch, President, Vice President, Chairperson, Vice Chairperson or the Executive Authority, the Mandal Parishad Development Officer, the Chief Executive Officer an opportunity of showing cause to the contrary, the Commissioner is satisfied that the loss, waste or misapplication of any money or other property owned by or vested in the Gram Panchayat, Mandal Parishad or as the case may be the Zilla Parishad is a direct consequence of misconduct, or gross neglect, on the part of such person, the Commissioner may, by order in writing, direct such person to pay to the Gram Panchayat, Mandal Parishad or as the case may be, the Zilla Parishad before the date fixed by him, the amount required to reimburse it for such loss, waste or misapplication, unless such person proves that he had acted in good faith.
(2) If the amount is not so paid, the Commissioner shall cause it to be recovered as arrears of land revenue and credited to the fund of the Gram Panchayat, Mandal Parishad or as the case may be, Zilla Parishad.
(3) An appeal shall lie within thirty days from any decision of the Commissioner under this Section to the Government whose decision thereon shall be final.
Section 266 Accounts and Audit
(1) The accounts of the Gram Panchayats, Mandal Parishad and Zilla Parishad shall be maintained in such manner and in such form as may be prescribed The accounts maintained by the said local bodies shall be audited by the Director of State Audit appointed under Section 3 of the Andhra Pradesh State Audit Act, 1989 (Act 9 of 1989).
(2) For the purpose of proper maintenance of accounts and matter connected therewith or incidental thereto, it shall be competent for the Director of State Audit to issue such directions as he deems necessary to the Chief Executive Officer, who shall ensure that the said directions are carried out by the said local bodies.
Section 267 Assessments etc., not to be impeached
(1) No assessment or demand made, and no charge imposed, under the authority of this Act, shall be impeached or affected by reasons of any clerical error or by reason of any mistake
(a) in respect of the name, residence, place of business or occupation of any persons, or
(b) in the description of any property or thing, or
(c) in respect of the amount assessed, demanded or charged, provided that the provisions of this Act have in substance and effect been complied with; and no proceedings under this Act shall, merely for defect in form be quashed or set aside by any Court.
(2) No suit shall be brought in any Court to recover any sum of money collected under the authority of this Act or to recover damages on account of assessment or collection of money made under the said authority:
Provided that the provisions of this Act have in substance and effect been complied with.
(3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making same be deemed a trespasser, on account of any error, defect, or want of form in the bill, notice, schedule, form, summons, notice of demand, warrant of distraint, inventory or other proceeding relating thereto, if the provisions of this Act and of the rules and bye laws made thereunder have in substance and effect been complied with:
Provided that every person aggrieved by any irregularity may recover satisfaction for any special damages sustained by him.
(4) Notwithstanding anything in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), or in other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim orders restraining any proceeding which is being or about to be taken under this Act for the revision or amendment of the assessment books or restraining such revision or amendment from taking effect.
PART 8 ULES, BYE LAWS AND PENALTIES
Section 268 Power of Government to make rules for the purpose of this Act
(1) The Government shall, in addition to the rule making powers, conferred on them by any other provisions of this Act, have power to make rules generally to carry out all or any of the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules
(i) as to all matters under this Act, relating to electoral rolls or the conduct of elections, not expressly provided for in this Act, including deposits to be made by candidates standing for election and the conditions under which such deposits may be forfeited, and the conduct of inquiries and the decision of disputes relating to electoral rolls or elections;
(ii) x x x
(iii) as to the interpellation of the Sarpanch, President or Chairperson by the members of the Gram Panchayat, Mandal Parishad or as the case may be of the Zilla Parishad and the moving of resolutions at a meeting of a Gram Panchayat, Mandal Parishad or the Zilla Parishad;
(iv) as to the delegation of any function of a Gram Panchayat, Mandal Parishad or a Zilla Parishad respectively to the Sarpanch, President or Chairperson or any member or officer of the Gram Panchayat, Mandal Parishad or Zilla Parishad or any employee of the State or Central Government;
(v) as to the transfer of allotments entered in the sanctioned budget of a Gram Panchayat, Mandal Parishad or Zilla Parishad from one head to another;
(vi) as to estimates of receipts and expenditure, returns, statements and reports to be submitted by Gram Panchayat, Mandal Parishad or Zilla Parishad;
(vii) as to the accounts to be kept by Gram Panchayats, Mandal Parishads or Zilla Parishads the audit and publication of such accounts and the conditions under which rate payers may appear before auditors, inspect book and accounts, and take exceptions to items entered or omitted;
(viii) as to the preparation of plans and estimates for works and the powers of Gram Panchayat, Mandal Parishad or Zilla Parishad and of servants of the State or Central Government to accord professional or administrative sanction to estimates;
(ix) as to the powers of auditors to disallow and surcharge items, appeals against order of disallowance or surcharge and the recovery of sums disallowed or surcharged;
(x) as to the powers of auditors, inspecting and superintending officers and officers authorised to hold inquiries to summon and examine witnesses and to compel the production of documents and all other matters connected with audit, inspection and superintendence;
(xi) as to the conditions on which property may be acquired by a Gram Panchayat, Mandal Parishad or Zilla Parishad or on which property vested in or belonging to a Gram Panchayat, Mandal Parishad or Zilla Parishad may be transferred by sale, mortgage, lease, exchange or otherwise;
(xii) as to the conditions on which and the mode in which contracts may be made by or on behalf of Gram Panchayat, Mandal Parishad or Zilla Parishad;
(xiii) as to the assessment and realisation of taxes under this Act and the revision of and appeals against assessment;
(xiv) as to the acceptance in lieu of any tax or other amount due to a Gram Panchayat under this Act, or any service by way of cartage or otherwise;
(xv) as to the form and contents of licences, permissions and notices granted or issued under this Act, the manner of their issue or the method of their service, and the modifications, suspension or cancellation thereof;
(xvi) as to the powers of executive authorities to call for information on any matter, to summon and examine witnesses, and to compel the production of document;
(xvii) as to the regulation or registration of building and the use of sites for building;
(xviii) for the determination of any claim to trees growing on public roads or other property vesting in or belonging to Gram Panchayats or on porambokes or on lands, the use of which is regulated by them under Section 102, and for the presumptions to be drawn in regards the ownership of such trees;
(xix) as to the provisions of cattle sheds by the Gram Panchayat wherein owners of cattle may stall cattle and as to fees leviable in respect thereof;
(xx) as to the disposal of household and farm yard waste in the village, the acquisition of land by the Gram Panchayat for laying out plots, for digging pits in which such waste may be thrown, the assignment of any of those plots to persons in the village and the conditions subject to which such assignment may be made, including the rent to be charged;
(xxi) as to the duties to be discharged by village officers in relation to Gram Panchayats and their executive authorities;
(xxii) for regulating the sharing between local authorities in the State, of the proceeds of any tax or income levied or obtained under this or any other Act;
(xxiii) as to the accounts to be kept by owners, occupiers and farmer, private markets and the audit and inspection of such accounts;
(xxiv) as to the manner of publication of any notification or notices to the public under this Act;
(xxv) for the use of the facsimiles of the signatures of the executive authorities and officers of Gram Panchayats, Mandal Parishads or Zilla Parishads;
(xxvi) regarding proceedings of Gram Panchayats and their Committees; and
(xxvii) relating to assessment, levy and collection of taxes and the lodging of moneys received by the Gram Panchayat, Mandal Parishad or Zilla Parishad and payment of moneys from their Funds.
(3) All rules made under this Act shall be published in the Andhra Pradesh Gazette.
(4) Every rule made under the Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two sucessive sessions and if before expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rules shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.
Section 269 Penalties for breach of rules
A rule under this Act may provide that a breach thereof shall be punishable with fine which may extend to fifty rupees, or in case of continuing breach with fine not exceeding five rupees for every day during which the breach continues after conviction for the first breach.
Section 270 Bye laws and penalties for their breach
(1) Subject to the provisions of this Act and of any other law and to such rules as may be prescribed, a Gram Panchayat may, with the approval of the Commissioner, make bye laws for carrying out any of the purposes for which it is constituted.
(2) A bye law made by the Gram Panchayat may provide that any person who commits a breach thereof shall be liable to pay by way of penalty such sum as may be fixed by the Gram Panchayat not exceeding fifteen rupees or in case of a continuing breach, not exceeding five rupees for every day during which the breach continues after a penalty has been levied for the breach.
(3) The Government shall have power to make rules regarding the procedure for the making bye laws, the publication thereof and the date no which they shall come into effect.
Section 271 General provisions regarding penalties specified in Schedules III and IV
(1) Whoever,
(a) contravenes any of the provisions of this Act specified in the first and second columns of Scheduled III; or
(b) contravenes any rule or order made under any of the provisions so specified ; or
(c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him under or in pursuance of any of the said provisions, shall be punishable with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.
(2) Whoever after having been convicted of,
 (a) contravening any of the provisions of this Act specified in the first and second columns of Schedule IV; or
(b) contravening any rule or order made under any of the provisions so specified; or
(c) failing to comply with any directions lawfully given to him, or any requisition lawfully made upon him under or in pursuance of any of the said provisions, continues to contravene the said provisions of the said rule or order or continues to fail to comply with the said direction or requisition shall be punishable for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule
Explanation The entries in the third column of Schedule III and IV headed subject are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof or even as abstracts of those provision, but are inserted merely as references to the subject, dealt with therein.
Section 271A
(1) Any person who having been the Sarpanch, Temporary Sarpanch or Upa-Sarpanch of a Gram Panchayat fails to handover any documents of, or any moneys or other properties vested in, or belonging to, the Gram Panchayat, which are in, or have come into, his possession or control, to his successor in office or other prescribes authority
(i) in every case, within a period of thirty days frim the expiry of his term of office as such Sarpanch, Temporary Sarpanch or Upa-Sarpanch and
(ii) in the case of person, who was the upa-Sarpanch also within a period of thirty days on demand by the Sarpanch shall be punishable with imprisonment which may extend upto six months or with fine not exceeding one thousand rupees or with both, for every such offence.
(2) Any person who is convicted under sub-section (1) fails to handobver any documents of, or any moneys or other properties vested in, or belonging to the Gram Panchayat, which are in or have come into, his possession, or control to his successor in office, shall be punishable for each day after conviction during which he continues to persist in his offence with a fine not exceeding one hundred rupees.
(3) In cases falling under sub-sections (1) and (2), the court may, apart from ordering conviction for the offence, order the seizure of the documents, moneys or other properties of the Gram Panchayat from the person convicted.
Section 272 Recovery of amounts due as taxes
All costs, damages, compensation, penalties, charges, fees (other than school fees), expenses, rents (not being rents for land and buildings demised by the Gram Panchayat), contributions and other amounts which under this Act or any other law or rules or bye laws made thereunder are due by any person to the Gram Panchayat may, if there is no special provision in this Act, or the rules made thereunder for their recovery, be demanded by a bill as provided in the rules for the recovery of taxes made under the Act and recovered in the manner provided therein.
Section 273 Adjudication of disputes between local authorities
(1) When a dispute exists between a local authority and one or more other local authorities in regard to any matter arising under the provisions of this or any other Act and the Government are of opinion that the local authorities concerned are unable to settle it amicably among themselves, the Government may take cognizance of the dispute; and
(a) decide it themselves; or
(b) refer it for enquiry and report to an arbitrator or a board or arbitrators or to a joint committee constituted for the purpose by an order of the Government.
(2) The reports referred to in Clause (b) of sub section (1) shall be submitted to the Government who shall decide the dispute in such manner as they may deem fit.
(3) Any decision given under Clause (a) of sub section (1) or under sub section (2) may be modified from time to time, by the Government in such manner as they deem fit, and any such decision with the modification, if any, made therein under this sub section, may be cancelled at any time by the Government Any such decision or any modification therein or cancellation thereof shall be binding on all the local authorities concerned and shall not be liable to be questioned in any court of law.
(4) Where one of the local authorities concerned is a cantonment authority or the port authority or a major port, the powers of the Government under this Section shall be exercisable only with the concurrence of the Central Government.
Section 274 Act to read subject to Schedules V and VI in regard to first constitution or reconstitution etc
(1) In regard to the first constitution of a Gram Panchayat, Mandal Parishad or Zilla Parishad for a village, Mandal or District or to the first reconstitution in accordance with the provisions of this Act of such bodies in existence at the commencement thereof, and otherwise in first giving effect to the said provisions they shall be read subject to the rules in Schedules V and VI.
(2) The Government shall have power, by notification in the Andhra Pradesh Gazette, to amend, add to or repeal the rules in the said Schedules.
Section 275 Power to remove difficulties
(1) If any difficulty arises in first giving effect to the provisions of this Act or as to the first constitution or reconstitution of any Gram Panchayat, Mandal Parishad or Zilla Parishad after the commencement of this Act, the Government, as occasion may require, may by order published in the Andhra Pradesh Gazette, do anything which appears to them necessary for removing the difficulty.
(2) All orders made under sub section (1) shall, as soon as may be after they are made, be placed on the table of Legislative Assembly of the State and shall be subject to such modification by way of amendments or repeal as the Legislative Assembly may make either in the same session or in the next session.
Section 276 Repeal and savings
(1) The following Acts are hereby repealed namely
(i) The Andhra Pradesh Gram Panchyats Act, 1964 (Act 2 of 1964);
(ii) The Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivruddhi Sameeksha Mandals Act, 1986 (Act 31 of 1986); and
(iii) The Andhra Pradesh Local Bodies Electoral Reforms Act, 1989 (Act 28 of 1989).
(2) On such repeal the provision of Sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 (Act 1 of 1891) shall apply.
Section 277 Amendment of Act 9 of 1989
In the Andhra Pradesh State Audit Act, 1989, in Section 2, for Clauses (c) and (d), the following clause shall be substituted, namely
"(c) a Gram Panchayat, a township, a Mandal Parishad or a Zilla Parishad constituted under the Andhra Pradesh Panchayat Raj Act, 1994"
Section 278 Transitional provision in regard to elections
The first ordinary elections to the Gram Panchayats, Mandal Parishads and Zilla Parishads in accordance with the provisions of this Act shall be held within a period not exceeding one year and six months from the date of commencement of this Act.
SCHEDULE 1 GENERAL POWERS AND FUNCTIONS OF PANCHAYATS
SCHEDULE - [ Sections 46, 161 and 192 ] SCHEDULE - I
[Sections 46, 161 and 192 ]
GENERAL POWERS AND FUNCTIONS OF PANCHAYATS
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
3. Minor irrigation, water management an watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi, village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means of communication.
14. Rural electrification including distribution of electricity.
15. Non conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centers and dispensaries.
24. Family Welfare.
25. Women and child development.
26. Social Welfare, including welfare of the handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets.
SCHEDULE 2 POWERS AND FUNCTIONS OF THE MANDAL PARISHAD
SCHEDULE - ( Section 161 ) SCHEDULE - II
(Section 161 )
POWERS AND FUNCTIONS OF THE MANDAL PARISHAD
1. Community Development :- The execution of all programmes under Community Development in association with Panchayats, Co operative Societies, Voluntary Organisations and the people.
2. Agriculture :- The doing of everything necessary to step up agriculture production and in particular,
(i) multiplication and distribution of improved seeds;
(ii) distribution of fertilizers;
(iii) popularization of improved techniques, methods and practices and improved implements;
(iv) achieving self sufficiency in green manure and composting of farmyard manure;
(v) encouraging fruit and vegetable cultivation;
(vi) reclamation of land and conservation of soil;
(vii) providing credit for agriculture purposes;
(viii) propagating and assisting in plant protection methods;
(ix) laying out demonstration plots and working out better methods of farm managements;
(x) bringing more acreage under irrigation by renovating and sinking wells, repairing and digging private tanks and maintaining Government minor irrigation sources and supply channels;
(xi) utilising more power for agricultural purposes;
(xii) exploiting underground water sources by sinking wells, filterpoints and tube wells;
(xiii) tree planting;
(xiv) growing of village forests.
Animal Husbandary and Fisheries
(i) Upgrading local stock by introducing pedigree breeding bulls and castrating scrub bulls;
(ii) Introducing improved breeds of cattle, sheep, pigs and poultry;
(iii) controlling contagious diseases by systematic protection;
(iv) introducing improved fodders and feeds;
(v) establishing and maintaining of artificial insemination centers, first aid centers and minor veterinary dispensaries;
(vi) educating the people about the importance of better cattle for both milk and draught.
4. Health And Rural Sanitation :- (i) Expanding existing medical and health services and bringing them within the reach of people;
(ii) Establishing and maintaining Primary Health Centres and Maternity Centres;
(iii) Providing protected drinking water facilities;
(iv) Ensuring systematic vaccination;
(v) Controlling epidemics;
(vi) Providing drains and soakage pits for village and house drainage;
(vii) Encouraging the use of sanitary type of latrines and utilising human waste;
(viii) Popularising of smokeless chullas;
(ix) Supervising the work in Government Hospitals.
(x) Enlisting people s participation for the improvement of such hospitals.
(xi) Securing the co-operation of the people and the Panchayats during epidemics.
(xii) Carrying out environmental sanitation campaigns and educating the public in (a) nutrition, (b) maternity and child health (c) communicable diseases and (d) family planning and the like.
(xiii) Implementing health programme subject to the technical control of concerned district officers.
5. Education:- Maintenance and expansion to Elementary and Basic Schools and in particular
(i) management of Government and taken over Aided Elementary and Higher Elementary Schools;
(ii) establishment of Adult Education Centres and Adult Literacy Centres;
(iii) provision of improvement of accommodation for schools with people s participation;
(iv) conversion of existing Elementary Schools into Basic Schools; and
(v) taking of such action as may be necessary for the promotion of education for all children until they complete the age of fourteen years.
6. Social Education:- The creation of a new outlook among the people and making them self reliant, hard working and responsive to community action and in particular
(i) establishment of information, community and recreation centre;
(ii) establishment of Youth Organisation, Mahila Mandals, Farmer club and the like;
(iii) establishment and popularisation of libraries;
(iv) organisation of watch and ward;
(v) encouragement of physical and cultural activities;
(vi) organisation of voluntary sanitary squads;
(vii) training and utilisation of the services of Gram Sahayaks.
7. Communications:- (i) Formation and maintenance of inter village roads;
(ii) rendering such assistance as may be necessary for the formation and maintenance of village roads which serve as feeders.
8. Co-operation:- The securing of economic development along democratic lines by the application of co operation in its infinitely varying forms and in particular,
(i) establishment of Co operative Credit, Industrial, Irrigation, Farming and Multi purpose Societies in order to serve the maximum number of families.
(iii) encouragement of thrift and small savings;
9. Cottage Industries:- Development of Cottage, Village and Small Scale Industries in order to provide better employment opportunities and thereby raise the standard of living and in particular,
(i) the establishment and maintenance of production cum training centres;
(ii) the improvement of the skills of artisans and craftsmen;
(iii) the popularisation of improved implements; and
(iv) Implemention of schemes for the development of Cottage, Village and Small Scale Industries financed by the khadi and Village Industries Commission and the All India Boards.
10. Women Welfare:- The implementation of schemes specially designed for Welfare of Women and Children and in particular the establishment of Women and Child Welfare Centres, Literacy Centres, Crafts and Dress making Centres and like.
11. Social Welfare:- (i) The management of hostels subsidised by Government for the benefit of Scheduled Tribes, Scheduled Castes and Backward Classes;
(ii) The implementation of Rural Housing Schemes;
(iii) The maintenance of diseased beggars and control of vagrancy;
(iv) The strengthening of Voluntary Social Welfare Organisation and Co ordinating their activities;
(v) The propagation of temperance and prohibition; and
(vi) The removal of untouchability;
12. Emergency Relief:- Provision of emergency relief through voluntary efforts in case of distress owing to fires, floods, epidemics and other wide spread calamities.
13. Collection of Statistics:- Collection and Compilation of such statistics as may be found necessary either by the Mandala Parishad, the Zilla Parishad or the Government.
14. Self Help Programme:- Formulation and execution of suitable programmes for stepping up production and for raising the incomes and standards of living for the improvement of sanitation and for the provision of amenities for the people.
15. Trusts:- Management of trusts for the furtherence of any purpose to which the funds of the Mandala Parishad may be applied.]
SCHEDULE 3 ORDINARY PENALTIES
SCHEDULE - ( Section 271 ) SCHEDULE - III
(Section 271 )
ORDINARY PENALTIES
Section
sub-section of clause
Subject
Fine which may be imposed
(1)
(2)
(3)
(4)
81
(2)
Disobeying notice prohibiting use of water to which public have access Fifty rupees
82
(a) Bathing etc., in places set apart for drinking purposes
- do -
82
(b) Depositing any offensive etc. matter in places set apart for drinking purposes
- do -
82
(c) Washing clothes in places set apart for drinking, bathing or washing clothes
- do -
82
(d) Washing animals etc., in places set apart for drinking bathing or washing clothes Fifty rupees
82
(e) Allowing water from a sink, sewer etc., into places set apart for drinking, bathing or washing clothes
- do -
85
(1) Failure to register any place for the disposal of the dead, One hundred rupees
86
(1) Opening etc., or using any place for the disposal of the dead without a licence
- do -
89
.....
Burying, burning etc., of corpse within two hundred metres of dwelling place or source of drinking water supply
- do -
90
.....
Failure to give information of burials or burning in a burial ground or burning ground Twenty rupees
91
(3) Burying or burning or otherwise disposing of a corpse in a prohibited place One hundred rupees
93
.....
Allowing filth to flow in public road etc.
Twenty rupees
94
(1)
Failure to execute the work as required by the notice
Fifty rupees
95
(1) Quarrying near a public road etc. without a licence
- do -
96
.....
Unlawful building of wall or erecting of fence, etc., in or over public road One hundred rupees
97
.....
Allowing doors, ground floor windows, etc., to open outwards without licence or contrary to notice Twenty rupees
98
(1)
Failure to remove or alter encroachment Two hundred rupees
100
(1) Unlawful construction of building over a drain or on ground levelled etc., by rubbish
- do –
101
(1) Unlawful making of hole or placing obstruction in public road
Fifty rupees
101
(2) Failure to fence enclose etc., hole obstruction
Fifty Rupees
102
(1) Planting of trees without permission on any public road or other property vested in a Gram Panchayat
Two hundred rupees
102
(2) Felling, etc. without permission of trees growing on public road or other property vested in a Gram Panchayat or on a poramboke or land the use of which is regulated by it under Section 102
- do -
103
(2)
Failure to remove any building etc., on land vested in Gram Panchayat
- do -
105
(1)
Opening or keeping open a private Market in contravention of Section 105
Five hundred rupees
108
.....
Failure to obey directions to construct approaches, etc., for a private market or to roof etc.
One hundred rupees
110
.....
Sale or exposure for sale in public or private market of any animal or article without permission
Twenty rupees
111
.....
Sale etc., articles in public roads or places after prohibition or without licence or contrary to regulations
Ten rupees
115
(b) Using any public place or road side as a landing or halting place or as a cart stand within prohibited distance
Fifty rupees
116
(1)
Opening a new private cart-stand or continuing to keep open a private cart-stand without licence or contrary to licence
Two hundred rupees
118
(a) Slaughtering, cutting up or skinning, etc., cattle etc., outside slaughter house
- do -
118
(b) Slaughtering etc. any cattle etc., without licence or contrary to licence
Twenty rupees
119
.....
Using a place for any of the purposes specified in Schedule III without licence or contrary to licence
One hundred rupees
120
.....
Unlawful erection of factory, workshop One hundred rupees
122
......
Disobedience of order regarding abatement of nuisance
- do -
126
(2)
Unlawful defacement etc., of numbers assigned to buildings
Five rupees
126
(3)
Failure to replace number when required to do so
Twenty rupees
127
(7)
Failure to produce licence on request
Five rupees
144
.....
Obstructing a person in the use or enjoyment of a public road, market, well, tank, etc.
One hundred rupees
SCHEDULE 4 PENALTIES FOR CONTINUING BREACHES
SCHEDULE - ( Section 271 ) SCHEDULE - IV
(Section 271 )
PENALTIES FOR CONTINUING BREACHES
Section
Sub-section of clause
Subject
Daily Fine which may be imposed
(1)
(2)
(3)
(4)
81
(2)
Disobeying notice prohibiting use of water to which public have access
Ten rupees
82
(e) Allowing water from a sink, sewer, etc., into a place set apart for drinking, bathing or washing clothes
- do -
86
(1) Using any place for the disposal of the dead without a licence Twenty rupees for each occasion
93
.....
Allowing filth to flow in public roads etc.
Ten rupees
94
(1)
Failure to execute the work as required by the notice
- do -
95
(1) Quarrying near a public road etc. without a licence
- do -
96
.....
Unlawful building of wall or erecting fence,etc., in or over public road Twenty rupees
97
.....
Allowing doors, ground floor, windows etc., to open outwards without licence or contrary to notice
Ten rupees
98
(1) Failure to remove or alter encroachment Ten rupees
100
(1)
Unlawful construction of building over a drain or on ground levelled etc. by rubbish
Fifty rupees
100
(2) Failure to obey requisition to demolish a building constructed without permission or contrary to the terms of permission Fifty rupees
101
(1)
Unlawful making of hole or placing obstruction in public road
Ten rupees
103
(2)
Failure to remove any building etc., on land vested in Gram Panchayat
Fifty rupees
105.
(1)
Opening or keeping a private market in contravention of Section 105
One hundred rupees
108
.....
Failure to obey direction to construction, approaches etc. for a private market or to roof etc.
Ten rupees
110
.....
Sale or exposure for sale, in public or private market of animal or article without permission
Ten rupees
116
(1)
Keeping open a private cartstand without licence or contrary to licence
Twenty rupees
119
.....
Using a place for any of the purposes specified in Scheduled III without licence or contrary to licence
- do -
120
.....
Unlawful erection of factory workshop etc.
One hundred rupees
122
.....
Disobedience of order regarding abatement of nuisance
Fifty rupees
SCHEDULE 5 TRANSITIONAL PROVISIONS (GRAM PANCHAYATS)
SCHEDULE - [ Section 274 ] SCHEDULE - V
[Section 274 ]
TRANSITIONAL PROVISIONS (GRAM PANCHAYATS)
1. Definitions:- In these rules, unless the context otherwise requires,
(a) "Old Panchayats Act" means the Andhra Pradesh Gram Panchayats Act, 1964;
(b) "Panchayat" means a panchayat constituted under the old Panchayats Act;
(c) "Member"means a member of a panchayat constituted under the old Panchayats Act;
(d) "Sarpanch" means a Sarpanch of a Gram Panchayat constituted under the old Panchayats Act.
2. Existing villages to be deemed to be villages for purposes of this Act:- (1) Every local area which, at the commencement of this Act, is a village under the old Panchayats Act shall be deemed to have been declared to be a village under this Act.
(2) Every Gram Panchayat in existence at the commencement of this Act shall be deemed to be a Gram Panchayat constituted under this Act.
3. Total number of members of Gram Panchayats:- Notwithstanding anything contained in this Act, the total number of members of a Gram Panchayat fixed under the old Panchayats Act, shall be deemed to be the total number of members of the Gram Panchayat as deemed to have been constituted under this Act by virtue of sub rule (2) or Rule 2 until their number is altered by the Commissioner.
4. Term of office of existing Sarpanchas and members:- (1) The Sarpanchas and members of a Gram Panchayat holding office at the commencement of this Act shall, subject to the provisions of Sections 18 and 20, continue to hold such office upto and inclusive of the date fixed by the Government or upto the date on which special officers who may be appointed by the Commissioner assume office whichever is earlier.
(2) Any vacancy in the office of the Sarpanch, the Upa Sarpanch or a member of a Gram Panchayat at the commencement of this Act or which may occur thereafter shall not be filled until the next ordinary elections.
5. First ordinary election:- The Andhra Pradesh Election Commissioner for Local Bodies shall cause, the first ordinary election under this Act to a Gram Panchayat and the first meeting of the Gram Panchayat under sub section (1) of Section 13 after such election, to be held on any day before the date appointed by the said Commissioner.
6. Reconstitution of Panchayats dissolved or superseded before the commencement of this Act:- Any Panchayat dissolved or superseded under the old Panchayats Act and awaiting reconstitution at the commencement of this Act, shall be reconstituted in accordance with the provisions of this Act.
7. Constitution of Panchayats for villages notified before the commencement of this Act:- Where, before the commencement of this Act, a village was notified under the old Panchayats Act, for constituting a panchayat but no panchayat was constituted, the special officer appointed, if any, therefor, shall be deemed to have been appointed under this Act and the provisions of Section 143 shall apply to such a case. Where no such special officer was appointed, a special officer shall be appointed for such a village under this Act as if it had been notified under this Act on the date of the commencement of this Act.
8. Executive Officers to be deemed to be executive officers appointed under this Act:- The executive officers of the Gram Panchayats which are deemed to be Gram Panchayats from the date of commencement of this Act and holding office as such on the said date, shall be deemed to have been appointed under this Act.
9. Devolution of property, rights and liabilities:- (1) All property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind, owned by or vested in, or held in trust, by or for any panchayat, as well as all liabilities legally subsisting against it, shall, on and from the date of commencement of this Act and subject to such directions as the Government may, by general or special order give in this behalf, pass to such Gram Panchayat as deemed to be constituted under this Act.
(2) All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation or otherwise due to a Panchayat at the commencement of this Act may be recovered as if they had accrued under this Act.
(3) All proceedings taken by or against any Panchayat or other authority or any person under the old Panchayats Act in so far as they are not inconsistent with this Act, be continued by or against such Gram Panchayat, authority or person under this Act.
10. Continuance of existing taxes:- Any tax, cess, fee or duty which was being lawfully levied by or on behalf of any Panchayat at the commencement of this Act under any law, shall continue to be levied by or on behalf of the Gram Panchayat at the rates fixed and in pursuance of the assessment made by or under such law for the year in which this Act was brought into force and in the subsequent years also until the Government, by general or special order, otherwise direct, or assessment is made by or under this Act, whichever is earlier.
11. Action taken under old Panchayats Act to continue:- Any action taken under the old Panchayats Act by any authority, before the commencement of this Act shall, unless inconsistent with this Act, be deemed to have been taken by the authority competent to take such action under this Act, unless and until superseded by action taken by such authority, whether it be the same as the authority competent to take such action under the old Panchayats Act or not.
12. Removal of difficulty:- If any difficulty arises in giving effect to the provisions of these rules, the Government, as occasion may require, may after previous publication, by notification in the Andhra Pradesh Gazette, do anything which appears to them necessary for removing the difficulty.
RULE:
RULES RELATING PROCEEDINGS OF GRAM PANCHAYATS AND THEIR COMMITTEES ORDERS ISSUED
In exercise of the powers conferred by sub section (1) of Section 268 read with sub section (1) of Section 41 and Section 42 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules, relating to the proceedings of the Gram Panchayats and the committee thereof;
PART 1 RULES REGARDING PROCEEDINGS OF GRAM PANCHAYATS AND COMMITTEES THEREOF
Rule 1
Every Gram Panchayat shall provide an office in such a place and subject to such conditions as may be specified in Annexure appended to these rules and as may be specified by the Government by a general or special order.
Rule 2
Every Gram Panchayat shall need at least once in every month in its office for the transaction of business upon such days and at such times as it may arrange and also at other times as often as a meeting shall be called by the Sarpanch.
Rule 3
(1) No meeting of Gram Panchayat shall be held unless notice of the day and time when and the place where the meeting to be held and of the business to be transacted thereat has been given at least three clear days before the day of the meeting.
(2) In cases of urgency, the Sarpanch may convey a meeting on giving shorter notice than that specified in sub rule (1).
Rule 4
(1) The Sarpanch of a Gram Panchayat shall, on the requisition in writing of not less than one third of the members thereon the Gram Panchayat, convene a meeting of the Gram Panchayat, provided that requisition specified the period within which and the purpose for which the meeting is to be held. The Requisition shall be given at least three clear days before the day of the meeting.
(2) In cases of urgency, the Sarpanch may convey a meeting on giving shorter notice than that specified in sub rule (1).
Rule 5
All the meetings of the Gram Panchayat shall be open to the public, provided that the Presiding Member may, in any particular case, direct that the public generally or any particular person shall withdraw.
Rule 6
Every question which comes before a Gram Panchayat at any meeting shall be decided by majority of the members present and voting at the meeting and in case of equality of votes, the presiding member shall have an exercise a second or casting votes. When a resolution is not carried unanimously, the names of the members who vote for and against it shall be recorded.
Rule 7
No business shall be transacted at a meeting of any Gram panchayat unless there be present at least one third of the number of members then on the Gram Panchayat.
Rule 8
If within half an hour after the time appointed for a meeting quorum is not present, the meeting shall stand adjourned, unless all the members present agree to wait longer.
Rule 9
An attendance register shall be maintained in which the presiding member shall obtain the signature of all the members present at the meeting noting time of arrival and departure.
Rule 10
No resolution of a Gram Panchayat shall be notified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of the Gram Panchayat supported by not less than one half of the total strength of members.
Rule 11
Minutes of the proceedings at every meeting of a Gram Panchayat shall be drawn up in the chief language of the village and entered in a book to be kept for that purpose and shall be signed by the Presiding Member, and the said minutes shall be read and recorded at the next meeting and at all reasonable times without charge be open at the office of the Gram Panchayat to the inspection of any person who pays any tax under this Act.
Rule 12
The Executive Authority of a Gram Panchayat shall have the custody of the proceedings and records of the Gram Panchayat and of the Committees thereof and may grant copies of any such proceedings or records on payment of such fees as prescribed in Part. III of these rules. Copies shall be certified by the Executive Authority, as provided in Section 76 of the Indian Evidence Act, 1872 and copies as certified may be used to prove the proceedings and records of the Gram Panchayat or Committee be used to prove the proceedings of the body.
Rule 13
Rules 3, 6, 7, 8, 9 and 10 shall mutatis mutandis apply to the proceedings of Committee of the Gram Panchayat.
Rule 14
The Proceedings of every committee appointed by a Gram Panchayat shall be recorded in writing and submitted to the Gram Panchayat.
PART 2 RULES RELATING TO PROCEEDING OF GRAM PANCHAYATS AND COMMITTEES THERE OF
Rule 15
No member shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of the Gram Panchayat, in any matter in which, apart from its general application to the public, he has any direct or indirect pecuniary interest whether by himself or through some other person.
Rule 16
The Sarpanch may prohibit any member from voting on, or taking part in the discussion of any question in which he believes such member to have such pecuniary interest or he may require such member to absent himself during the discussions.
Rule 17
Such member may challenge the decision of the Sarpanch who shall thereupon put the question to the meeting. The decision of the meeting shall be final. The member concerned shall be entitled to vote on the question.
Rule 18
If the Sarpanch is believed by any member present at the meeting to have pecuniary interest in any question under discussion and if a motion is carried to that effect, the Sarpanch shall not vote on or take part in such discussion.
Rule 19
Rules 15 to 18 shall mutatis mutandis apply to the proceedings of committee of the Gram Panchayat.
PART 3 GRANT OF COPIES OR PROCEEDINGS OR RECORDS
Rule 20
A Person requiring copies or extracts from proceedings or records of a Gram Panchayat shall submit an application (giving his full name and address and an accurate description of the proceedings of records as possible) to the Executive Authority of the Gram Panchayat. When the proceedings or records, copies of the extracts from which are applied for, belong to any year prior to the current calender year, a search fee according to the scale specified below shall be remitted to the Gram Panchayat as soon as the application has been admitted:
(a) For Searching records of any one year for a single document or entry Rs. 2.50. Ps.
(b) For Searching the records of every additional year Rs. 1.25. Ps.
Rule 21
If the record is not found, the fee paid shall not be refunded but the applicant shall be furnished with a certificate stating that the documents applied for cannot be found.
Rule 22
(1) If the record is found and the Executive Authority decides to grant copies of or extracts from it, the application shall deposit in cash, a fee of twenty paise for every 175 words or part thereof.
(2) In the case of statements or extracts from Registers where figures have to be copied, five figures shall be taken as equivalent to one word.
(3) In the case of maps or plans, a reasonable fee shall be fixed by the Executive Authority in consultation with the engineering staff in charge of the Gram Panchayat Works.
Rule 23
The Executive Authority shall intimate to the applicant the fees chargeable for the copy of, or extract from the proceeding or record. On receipt of the fee he shall have the copies, extracts or tracings prepared. The copies of or extracts shall then be certified by him as true after scrutiny in office and furnished to the applicant if he appears in person to receive them, or sent by post if the applicant has deposited the necessary postage stamps for the purpose.
Rule 24
A receipt signed by the Executive Authority or any person empowered by him in this behalf shall be furnished to every person depositing search fees or copying fees.
Rule 25
If the Executive Authority considers the grant of the copy of or extracts from any proceedings or record confidential in nature he shall reject the application by an endorsement stating briefly the reasons for doing so.
Rule 26
Rules 24, 25, 26, 27, 28 and 29 shall mutatis mutandis apply to the proceedings of a committees of the Gram Panchayat.
Rule 27
The proceedings of every committee appointed by a Gram Panchayat shall be recorded in writing and submitted to the Gram Panchayat.
ANNEXURE 1 ANNEXURE
ANNEXURE
ANNEXURE
1. Every Gram Panchayat shall provide a building for location of its office by constructing one by itself or by taking it one on rent or free of rent and its office shall be located therein.
2. The building referred to above shall be;
(i) as far as possible in the centre of the main village;
(ii) a place accessible to all the members of the Gram Panchayat and to all castes and communities.
3. The Office of the Gram Panchayat once located in a building not owned by the Gram Panchayat shall not be shifted to any other building not owned by the Gram Panchayat except upon a specific resolution passed by the Gram Panchayat for the purpose, supported by not less than three fourths of the sanctioned strength and with the previous approval of the District Collector.
4. No building belonging to the Sarpanch, Upa Sarpanch and members of their relations shall be used for the office of the Gram Panchayat without the previous approval of the District Collector concerned.
Explanation:- In the determination of three fourths of the sanctioned strength of the Gram Panchayats under this rule, any fraction arrived at shall be ignored.
Note:- The District Collector may, at his discretion in deserving cases, relax as any of the conditions stipulated above.
RULES RELATING TO THE CONSTRUCTION OF REFERENCES TO THE GRAM PANCHAYATS, MANDAL PARISHADS AND ZILLA PARISHADS
[G.O.Ms.No. 378, PR, RD (Mandal I), 28th June, 1994]
In exercise of the powers conferred by sub section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994) read with Section 18 of the Andhra Pradesh General Clauses Act, 1891 (Act No. 1 of 1891), the Governor of Andhra Pradesh hereby makes the following rules, namely,
RULES
The rules made under the repealed Andhra Pradesh Gram Panchayats Act, 1964 (Act No. 2 of 1964) and the Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals Act, 1986 (Act No. 31 of 1986) which are consistent with the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994) will continue to be in force under Sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 as if they are made under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994) until new rules are framed. In the application of the rules made under the repealed Andhra Pradesh Gram Panchayats Act, 1964 (Act No.2 of 1964) and Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals Act, 1986 (Act No. 31 of 1986), but continuing under Section 18 of the Andhra Pradesh General Clauses Act, 1891 any reference to "Mandal Praja Parishads" "Zilla Praja Parishads" , and Sarpanch, Mandal Development Officer and District Development Officer shall, unless the context otherwise requires be construed as a reference to "Mandal Parishad", "Zilla Parishad" and person Incharge, Mandal Parishad Development Officer, and Chief Executive Officer respectively.
RULES FOR MAINTENANCE OF REGISTERS AND ACCOUNTS BY MANDAL PARISHADS AND ZILLA PARISHADS
In exercise of the powers conferred by sub section (1) of Section 208 read with Section 266 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules, namely;
Rule 1
The Mandal Parishads Zilla Parishads shall maintain in the office of the Mandal Parishads Zilla Parishads and shall be responsible for the correct and up to date maintenance of the registers and accounts as detailed in Annexure-A. Preparation and Submission of Accounts and Abstracts
Rule 2 Posting Register
(a) The Mandal Parishads Zilla Parishads shall maintain or cause to be maintained a posting register in such form as may be laid down by the Government, from time to time, showing opening and the closing balance as well as the current and progressive receipts and charges for each month and for the whole year. The transaction for cash month closed in the register not later than the end of the month followed.
(b) The receipt portion of the posting register shall be posted from the entries in the cash book and the transfer entry register. The several items of receipts shall be classified and posted in the posting register against the heads concerned. In case there are more than one item against a detailed head, the total of such items shall be posted against the head concerned, the details being posted at the foot. The payment side of the posting register shall be posted from the cash book and the transfer entry vouchers. Those vouchers shall first be arranged in the order of the heads in the posting register. It there are more vouchers than one under any head, the several items with the number of their respective vouchers shall be posted at the foot of the posting register and the totals posted at against the head concerned, the two being connected with each other by indicative letters. As soon as the accounts for the month have been complied, the progressive totals under all the heads shall be made in the column provided for the purpose.
Rule 3 Abstract of monthly account
From the posting register, the Mandal Parishad Zilla Parishad shall prepare for each month in such form as may be laid down by the Government, from time to time, an abstract of the monthly account and forward it to the Auditor, Zilla Parishad and to Government (in the case of Zilla Parishad) together with a certificate of verification not later than the end of the month following.
Rule 4
The Executive Engineer, Zilla Parishad at the head quarters shall send the monthly cash Account Current to the Chief Executive Officer, Zilla Parishad including the receipts and payments arising in the offices of the Executive Engineer in the divisions in the districts, for incorporation in the main account of the Zilla Parishad.
Rule 5 Annual Accounts
On abstract of every annual account of a Mandal Parishad Zilla Parishad showing the income under each head of receipt, the charges for the establishment, works undertaken, the sum expended on each work, the balance, if any, remaining unexpended and such other information as may be required by Government, from time to time, shall be prepared by the Mandal Parishad Zilla Parishad in such form as may be prescribed and submitted to Zilla Parishad Government not later than the fifteenth day of second month of the next Financial Year.
Rule 6 Detailed Annual Accounts
The Mandal Parishad Zilla Parishad shall submit the detailed annual account to Zilla Parishad Government not later than the fifteenth day of second month of the next Financial Year.
Rule 7
Soon after the completion of the Financial Year or in any case not later than one month after the completion of the Financial Year, the Mandal Parishad Development Officer of the Mandal Parishad or Chief Executive Officer of the Zilla Parishad shall cause preparation of an abstract of the annual accounts of the Mandal Parishad or the Zilla Parishad for that year showing its detailed annual accounts, in forms as may be prescribed and place them before the General Body Standing Committee for Finance of the Zilla Parishad.
Rule 8
The Mandal Parishad shall consider the annual abstract and the annual detailed accounts. The Standing Committee for Finance of the Zilla Parishad shall scrutinise the annual abstract and the annual detailed accounts of the Zilla Parishad and place them before the Zilla Parishad.
Rule 9
The Mandal Parishad or the Zilla Parishad shall consider abstract and detailed account of the Mandal Parishad or the Zilla Parishad and send a copy of them with its resolution to the Zilla Parishad concerned, or the Government, as the case may be and to the Director of Local Fund Audit not later than the fifteenth day of the second month of the next Financial Year.
Rule 10 Monthly demand collection and balance statement
The Mandal Parishad Zilla Parishad shall prepare a monthly demand, collection and balance statement showing the various items of receipts and submit the same to the auditors and Zilla Parishad Auditors and Government respectively, in such form as laid down by the Government, from time to time, by fifteenth of every suceeding month.
Rule 11 Monthly statement of financial sanction
Every Mandal Parishad Zilla Parishad and its Standing Committees shall transmit copies of all the financial sanctions accorded by them during the month by twentieth of suceeding month to the auditors. In the case of Mandal Parishad, the return shall also be sent to Zilla Parishad.
Rule 12 Subsidiary contingent register for expenditure incurred under Community Development Programme
The Mandal Parishad shall maintain separate subsidiary work registers and contingent register for the expenditure incurred under Community Development Programme.
Rule 13 Transfer adjustments
Every alteration in the accounts of the Mandal Parishad Zilla Parishad shall be effected by means of transfer entry made in a register called the transfer entry register kept for the purpose. Such register shall be in such form as may be laid down by the Government, from time to time, and every entry made therein shall show the head or heads of account to be debited and the head or heads of accounts to be credited and the grounds upon which the transfer is proposed to be made. A transfer entry shall be duly passed by the Mandal Parishad Development Officer of a Mandal Parishad and Chief Executive Officer of a Zilla Parishad before it is entered in the register.
Rule 14 Purchase of account forms, their general maintenance and the accounting of the stock thereof
The Mandal Parishad Zilla Parishad shall use the forms detailed in Annexure B in such form as may be prescribed.
Rule 15
No account forms other than those laid down by the Government under the powers vested in them by the Act or the rules made thereunder shall be used by Mandal Parishad Zilla Parishad without the previous sanction of the Government.
Rule 16 Stock account of forms
The Mandal Parishad Development Officer of a Mandal Parishad Chief Executive Officer of a Zilla Parishad shall arrange for the proper maintenance of a stock account in such form as may be laid down by the Government, from time to time, and forms as may be specified in the headings therein as well as for all forms of tickets printed for use in departmental collection of revenue. The correctness of the stock account of forms shall be verified at the end of every half year by the Mandal Parishad Development Officer Chief Executive Officer.
Rule 17 Records
All accounts and registers shall be maintained in Telugu.
Rule 18
All corrections and alterations in accounts shall be neatly made in red ink attested by the Mandal Parishad Development Officer Chief Executive Officer or a responsible officer of the Mandal Parishad Zilla Parishad duly authorised by the Mandal Parishad Development Officer Chief Executive Officer, alterations and corrections in bills shall likewise be authenticated the drawer.
ANNEXURE A ANNEXURE
ANNEXURE
ANNEXURE A
[See Rule 1 ]
Registers
I. Receipts :
1. Account of Fees managed departmentally.
2. Officer for Taxes and Fees.
3. Bill Books for Taxes and Fees and Warrants and distraints.
4. Demand Register for Taxes and Fees
5. Miscellaneous Bill Books.
6. Miscellaneous Demand Register.
7. Miscellaneous Receipts Register.
8. Miscellaneous Sales Register.
9. Prosecution Register.
10. Register of Encroachment Fees.
11. Register of Encroachments
12. Register of Fruit bearing avenue trees.
13. Register of grants from Central and State Government.
14. Register of subscriptions, contributions and donations.
15. Register of write off and remissions.
II. Expenditure (General)
16. Acquittance Register.
17. Cash Book.
18. Cheque Book.
19. Pay Bill Register.
20. Petty Cash Book.
21. Register of Bills passed for payment.
22. Register of undisbursed pay.
23. T.A. Bill Register.
24. Treasury Pass Book.
III. Establishment :-
25. Establishment Audit Register.
26. Last Pay Certificates.
27. Register of Increment Certificates.
28. Register of Probationers.
29. Register of Service Registers.
30. Service Registers.
IV. Contingencies :-
31. Register of Advances.
32. Register of Contingent Charges.
33. Register of permanent Advance.
V. Pensions :-
34. Demand Register of Pensionary Contributions.
35. Pension Fund Cash Book.
36. Pension Payment Audit Register.
37. Register of Pension Payment Order.
VI. Provident Fund :-
38. Abstract Register of Provident Fund.
39. Provident Fund Cash Book.
40. Provident Fund Ledger.
41. Register of Insurance Policies.
42. Register of Premia.
43. Register of Subscribers to the Provident Fund and their Nominees.
44. Register of Temporary withdrawals and their recoveries.
VII. Accounts :
45. Abstract Register of Receipts and Expenditure.
46. Annual Account.
47. Budget.
48. Detailed Book of Receipts and Expenditure.
49. Detailed Monthly Account.
50. Licenses for Industries and Factories.
51. Loans Ledgers.
52. Posting Register of Receipts and charges for general Funds and Secondary Education Elementary Education Fund
53. Register of Cheques and Postal orders received.
54. Register of Deposits.
55. Register of Investments.
56. Register of Lapsed Deposits.
57. Register of Loans.
58. Register of Money Orders received.
59. Register of Receipts and Expenditure on account of endowments transfer entry register
60. Transfer Entry Register
VIII. Stock Registers :
61. Stock Account of Stationery.
62. Stock Account of Forms.
63. Stock Register of Furniture.
64. Stock Register of Measurement Books.
65. Stock Register of Tools and Plant.
IX. Miscellaneous :
66. Attendance Register of Members.
67. Catalogue of Books.
68. Cash Book to be used by Pleaders.
69. Ledger to be used by Pleaders.
70. Log Book for Motor Vehicles.
71. Register of Audit objections.
72. Register of Encroachments.
73. Register of Immovable Properties.
74. Register of Revenue Yielding Properties.
75. Register of Security Deposits.
76. Register of Suits.
77. Stamp Account Book.
X. Registers special to subsidiary institutions (Craft Centres, Women Welfare Centres etc.)
78. Production Register of preparation Register.
79. Stock Account of finished products.
80. Stock Account of Raw Materials.
XI. Engineering Branch :
81. Abstract Register of Receipts and Charges.
82. Acquittance Register of Establishment.
83. Annual Register of receipts and issues and balances of materials at site account.
84. Annual verification statement of road metal and other material.
85. Cash Book.
86. Contractors Ledger.
87. Grants appropriation Register.
88. Monthly Log Book of Heavy Tools and Plant.
89. Imprest Cash Book.
90. Measurement Book.
91. Petty Cash Book.
92. Register of Agreements.
93. Register of Advances Recoverable.
94. Register of Buildings.
95. Register of Bridges and Culverts.
96. Register of Cheques and Money Orders.
97. Register of Cheque Receipt Books.
98. Register of Contractors.
99. Register of Deposits.
100. Register of Encroachments.
101. Register of Estimates received.
102. Register of Estimates technically sanctioned.
103. Register of fixed charges.
104. Register of Fruit bearing Avenues.
105. Register of Hire Charges.
106. Register of lapsed Deposits.
107. Register of Miscellaneous Recoveries.
108. Register of Miscelaneous Demand.
109. Register of Miscellaneous Sales.
110. Register of Miscellaneous Sanctions.
111. Register of Minor Irrigation Tanks.
112. Register of Permanent Advances.
113. Register of P.W.S. Schemes.
114. Register of Roads.
115. Register of Works.
116. Register of Work Bills.
117. Register of works check measured and super check measured.
118. Register of Wells.
119. Road Chart.
120. Road Metal Rate Books.
121. Stock Register of M. Books.
122. Suspense Register.
123. T.E. Register.
124. T.E. Order.
125. Tender Register.
126. Tender Schedules Register.
127. Treasury Remittance Book of the Engineer.
128. Unstamped Receipt Book.
ANNEXURE 2 ANNEXURE
ANNEXURE
ANNEXURE 2
( See Rule 14 )
FORMS
I. Miscellaneous :
1. Absentee Statements.
2. Abstract of Monthly Account.
3. Agreement Forms.
4. Annual Verification Statements.
5. Application for transfer of Allotments.
6. Challan.
7. Contingent Statement of differences.
8. Completion Report.
9. Contingent Bills.
10. Contract Certificates.
11. D.C.B. Statement of Schools (ZPPs only)
12. Estimates (i) Detailed measure sheet.
(ii) Abstract of Estimate.
13. Form relating to acquisitions and transfer of immovable properties.
14. Increment Certificates.
15. Indent for supply of forms.
16. Monthly D.C.B. Statement.
17. Pay Bills.
18. Proposition Statement.
19. Refund Vouchers of Lapsed deposits.
20. T.A. Bills.
II. Provident Fund :
21. Bond of Indemnity.
22. Deposit Account of subscribers.
23. Form of nomination.
24. Form of Registered notice.
25. Statement of Provident Fund subscriptions received.
26. Vouchers for repayment from Provident Fund.
III. Pension :
27. Application for Pension Gratuity.
28. Application for Family Pension.
29. Application for Pensioner Gratuity.
30. Call for personal appearance of Pensioner.
31. Consolidate Pensioners bill form.
32. Declaration for anticipatory pension DCRG.
33. List of Family Members.
34. Nomination for DCRG.
35. No dues Certificate.
36. Pension Payment Order.
37. Pensioner Bill.
38. Order of Pension Sanctioning Authority.
IV. Engineering :
39. Agreement Forms.
40. Covering list of Engineering Vouchers.
41. Daily Log Sheet.
42. Nominal Muster Rolls.
43. Return showing the receipts, issues and balances, material at site.
44. Running Account Bill.
ANDHRA PRADESH PANCHAYAT RAJ LEVY OF FEES ON ANIMALS BROUGHT FOR SALE INTO OR SOLD IN PUBLIC MARKETS RULES, 1995
In exercise of the powers conferred under clause (d) of sub section (2) of Section 104 read with sub section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (act No.13 of 1994), the Government of Andhra Pradesh hereby makes the following rules relating to levy of fees on animals brought for sale into or sold in Public Markets.
Rule 1
These rules may be called the Andhra Pradesh Panchayat Raj (Levy of fee on animals brought for sale into or sold in Public Markets) Rules, 1995.
Rule 2 In these rules, unless there is anything repugnant in the subject for context
(i) "Animal" includes horse, bull, ballock, cow, buffaloe, sheep, goat, pig and any other domesticated animal; and
(ii) "Public Market" means the place set apart by the Gram Panchayat for purposes of bringing for sale for selling of animals.
Rule 3
The following fee shall be collected in respect of every animal brought for sale into or sold in a public market.
(i) horse, bull, ballock, cow and buffaloe - Rs.5.00
(ii) sheep, goat, pig and other domesticated small size animals - Rs.2.00
Rule 4
Facilities such as shelter, waster etc., and medicines for the treatment of such animals as are sick, shall be provided in public markets at the cost of the Gram Panchayat. The Gram Panchayat shall make necessary arrangement for supply on payment of fodder for animals in such market.
ANDHRA PRADESH PANCHAYAT RAJ (TRANSFER OF INSTITUTIONS OR WORKS TO PANCHAYATS) RULES, 1999
In exercise of the powers conferred by sub-section (1) of Section 49 read with sub-section (1) of Section 268 of the Andhra Pradesh Raj Act, 1994 (Act 13 of 1994), the Governor of Andhra Pradesh hereby makes the following Rules, namely:
Rule 1 Short title
These Rules may be called the Andhra Pradesh Panchayat Raj (Transfer of Institutions or Works to Panchayats) Rules, 1999.
Rule 2 Definitions
In these Rules, unless the context otherwise requires-
(a) 'Act' means the Andhra Pradesh Panchayat Raj Act, 1994.
Rule 3 Transfer or Institution or Works to Panchayats
(1) Subject to such conditions as may be agreed upon whether provided in the Act or not, the Government, the District Collector or the Revenue Divisional Officer, Mandal Parishad or Zilla Parishad or any person or body of persons may transfer to the Gram Panchayat with its consent, the management of any institution or the execution or maintenance of any work or the exercise of any power or the discharge of any duty within or without the village.
(2) When any authority other than the Government or the District Collector proposed to transfer any institution to any Gram Panchayat such transfer shall be effected by acceptance of the respective Gram Panchayat through a resolution, subject to availability of funds and the consent of the District Collector.
(3) Any order of the transfer of the management of any institution or work shall be communicated by the issuing authority, to the District Panchayat Officer concerned.
Rule 4 Holding Property Endowments Belonging to the Institution
(1) Upon such transfer under Rule 3, all properties, endowments and funds belonging to the institution shall thereafter be held by the Gram Panchayat in trust for the purpose of which such property endowments and funds were lawfully applicable at the time of such transfer.
(2) The Maintenance of any institution or work shall not be detrimental to the normal functioning of the Gram Panchayat.
Rule 5 Maintenance of Separate Accounts
Every Gram Panchayat to which and institution has been transferred, shall maintain separate set of income and expenditure account in respect of the transferred institution or execution or maintenance of any work for a period of two years and the said accounts shall be placed in every meeting of the Gram Panchayat.
RULES RELATING TO LEVY OF LICENCE FEES FOR GRANT OF PERMISSION AND LICENCE IN RESPECT OF MACHINERY OR MANUFACTURING PLANTS DRIVEN BY ELECTRICAL POWER/STEAM/WATER OR MECHANICAL RULES
In exercise of the powers conferred by sub-section (1) Section 268 read with Section 119 and 120 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994),the Governor of Andhra Pradesh hereby makes the following rules relating to the conditions of grant of licence for installation of any machinery or manufacturing plant driven by steam water, mechanical for electrical powers within the limits of Gram Panchayats
Rule 1
Licence under Sections 119 and 120 of the Andhra Pradesh Panchayat Raj Act, 1994 for installation of any machinery or manufacturing Plant driven by steam water, mechanical or electrical power in any premises may be in perpetuity and no periodical renewal is needed, but subject to cancellation on violation of any law, terms and conditions of licence.
Rule 2
The fee may be charged and collected for the licence granted under Rule (1) for a period upto three years at a time at the rate not exceeding the maximum specified in the schedule annexed to these rules.
Rule 3
No place within the limits of Gram Panchayat shall be used for any one or more of the purposes specified below without a licence issued by the executive authority. The purposes for which places may not be used without licence are:-
(a) Boiling paddy or camphor;
(b) Melting tallow sulphur;
(c) Storing or otherwise dealing with offal, blood, bones, hides, fish or skins.
(d) tanning hides and skins;
(e) Washing or drying wool or hair;
(f) making fish oil;
(g) making soap;
(h) manufacturing or distilling sago, manufacturing artificial manure; manufacturing or refining sugar; manufacturing jaggery; sugar candy or syrup otherwise than as cottage industry by tappers or persons in enjoyment of the trees, carried on in their own premises, manufacturing beedies or cigars.
(i) manufacturing gun-powder or fire works;
(j) burning bricks, tiles or lime;
(k) keeping a hotel restaurant, cating house coffee house, tea-house, boarding house or lodging house (other than students hostel under public or recognised control);
(l) manufacturing ice or aerated waters;
(m) brewing beer, manufacturing arrack or other spirit containing alcohol whether denatured or not) by distillation;
(n) preparing flour or articles made of flour for human consumption or sweetmeats;
(o) selling or storing for sale of timer thatching materials hay, grass straw, coal, charcoal, fuel or fibre and oils of all kinds;
(p) selling wholesale or retail or storing for wholesale or retail trade or for purposes other than private or domestic use, grain, groundnut tamarind, chillies, haggery, pulses, flour bran, oil cakes or agricultural produce including fruits which is likely to attract rats;
(q) storing any explosive or combustible materials;
Provided that no licence shall be required for storing petroleum and its products in quantities exceeding those to which the operation of this Act is limited by the provisions of the Petroleum Act, 1934 or the rules or notification issued thereunder;
(r) selling cotton wholesale or retail or storing cotton for wholesale or retail trade or for conversion into yarn;
(s) manufacturing any thing from which an offensive or unwholesome smell arises;
(t) using for industrial purpose any fuel or machinery other than for such machinery as may (by notification in the Andhra Pradesh Gazette) be exempted by the Government from time to time;
(u) Any industrial process which is likely to be offensive or dangerous to human life or health or property; and
(v) any trade or operation of which in the opinion of the Gram Panchayat is dangerous to life health or property or likely to create a nuisance either from its nature or by reason of the manner in which or the conditions under which the same is or is proposed to be carried on.
Provided that no licence shall be required for the storage of timber thatching materials, hay, grass, straw, coal charcoal, fuel or fibre or for boiling paddy or for keeping soiled clothes or washed clothes or for washing soiled clothes when such storage, boiling keeping or washing is for private use;
Provided further that no licence shall be required under this Act for selling or storing grass, straw or thatching materials.
SCHEDULE 1 SCHEDULE
SCHEDULESCHEDULE
Sl.No.
Horse-power of the Installation
Maximum fee chargeable for a period of three (3) years
(1)
(2)
(3)
Rs. Ps.
1. Installation purely or domestic purposes irrespective of horse power.
25-00
2.
Installation of rectifiers and transformers in all places including cinema theatres irrespective of KVA capacity.
100-00
3.
Other installations exceeding one horsepowers but not exceeding five horsepower.
100-00
4.
Other installations exceeding one horsepower but not exceeding five horsepower.
200-00
5.
Other installations exceeding five horsepower but not exceeding ten horsepower.
500-00
6.
Other installations exceeding ten horsepower but exceeding 25 horsepower.
2,000-00
7.
Other installations exceeding 25 horsepower but not exceeding 50 horsepower.
3,000-00
8.
Other installations exceeding 50 horsepower but not exceeding 100 horsepower.
5,000-00
9.
Other installations exceeding 100 horsepower.
7,000-00
ANNEXURE 1 ANNEXURE
ANNEXURE-I
Date: __________________
To
The Executive Officer/Sarpanch,
Gram Panchayat........................
.....................................District.
Sir,
Please issue me Fresh/Renewal Licence for the year .................... The following particulars are given below:-
1. Name of the owner:
2. Name of the shop:
3. Nature of Business:
4. Premises No.
5. Date of Opening:
6. Own building or rented:
7. Last year Rc.No. and date for renewal:
Yours faithfully,
ANNEXURE 2 ANNEXURE
ANNEXURE II
Office of the Gram, Panchayat ...................................................... Mandal..................... District.
G.P.G.No.Lic./Â Â Â Â Â Â Date _____________
Notice under Section 123 of the Andhra Pradesh Panchayat Raj Act, 1994.
From: Â Â Â Â Â Â Â To:
The Executive Officer/Sarpanch, Mr.
Gram Panchayat........................
................................ Mandal H. No.
................................ District.
Sir,
Whereas it is reported that you are commissioning the Business shop in the name of ............... at H.No............... under the jurisdiction of Gram Panchayat .......................... without obtaining the licence as required under Section 123 of the Andhra Pradesh Panchayat Raj Act, 1994.
You are, therefore called upon to show-cause either in person or through an agent duly authorised by you with seven (7) days from the date of receipt of this notice why the prosecution could not be launched against you for breach of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994.
Your at tention is invited to Section 271 and Schedule-III and IV of the Andhra Pradesh Panchayat Raj Act, 1994 and if you fail to show-cause in the mater required above within the stipulated time, further action will be insisted against you as per rules.
EXECUTIVE OFFICER-SARPANCH,
Gram Panchayat....................................
District................................................
ANDHRA PRADESH PANCHAYAT RAJ (CALLING OF INFORMATION FROM VILLAGE ADMINISTRATIVE OFFICER/VILLAGE DEVELOPMENT OFFICER) RULES, 2000
In exercise of the powers conferred by Section 134 read with Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) in supersession of the Rules issued in G.O. Ms. No.1333, Panchayat Raj, dated the 26th December, 1964, the Governor of Andhra Pradesh hereby make the following Rules relating to call for information from the Village Administrative Officer and Village Development Officer.
Rule 1 Short title
These Rules may be called the Andhra Pradesh Panchayat Raj (Calling of Information from Village Administrative Officer/Village Development Officer) Rules, 2000.
Rule 2
The Executive Authority may requires information on the matter falling under the following categories, namely : Powers of the executive authority
(a) Particulars of survey number, sub-division, classification, description such as whether the land is dry or wet, extent, assessment name of the registered holder or occupier of any land, buildings, valuation of buildings including the cost of site as prescribed by Revenue/Registration Department for the purpose of Assessment Books of House Tax within the jurisdiction of the Gram Panchayat available in the village records.
(b) Any other particulars available in the registers and accounts maintained by the Village Administrative Officer/Village Development Officers and necessary for the proper administration of the Gram Panchayat.
(c) The Executive Authority may call for such information in connection with all official functions of Gram Panchayat and the Village Administrative Officer/Village Development Officers shall be bound to comply with such reports.
(d) If any doubt arises as to whether any information by virtue of the confidentiality in nature cannot be submitted, the matter shall be referred to the concerned Revenue Divisional Officer, whose decision thereon shall be final.
(e) The order shall specify the period within which it may be complied with but the Executive Authority may, from time to time, extend such period.
RULES RELATING TO AUDIT, SURCHARGE, DISALLOWANCE AND APPEALS UNDER THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
In exercise of the powers conferred by Clauses (IX and X) of sub-section (2) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994, (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to Audit, Surcharge, Disallowance and Appeals
Rule 1
The Executive Authority of a Gram Panchayat shall submit all accounts to the auditor appointed under sub-sections (1) and (2) of Section 266 as required by him.
Rule 2
The Auditor may,--
(1)
(a) by summons in writing, require production of any books, deed, contract, account voucher, receipt or other document the perusal or examination of which, he may consider necessary;
(b) by summons in writing, require any person having the custody or control of any such document or accountable for it to appear in person, before him;
(c) require any person so appearing to make and sign a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto;
(2) Whoever fails to comply with any requisition lawfully made upon him under this rule shall be punishable with fine which may extend to one hundred rupees.
Rule 3
(1) The Auditor shall report to the Gram Panchayat :--
(a) any material impropriety or irregularity which he may observe in the expenditure or in the recovery of moneys due to the Gram Panchayat or in the accounts of the Gram Panchayat; and
(b) any loss, waste or misappropriation of moneys or other property owned by or vested in the Gram Panchayat, if such loss, waste or misapplication or misappropriation is a direct consequence of his neglect or misconduct, with the names of persons directly or indirectly responsible for such loss, waste, misappropriation or misapplication :
Provided that where the Auditor himself is not able to assess the loss caused to the Gram Panchayat due to non-availability of the required material i.e., (records), he may address the concerned District Collector (PW) for furnishing the required information in respect of the following cases, namely :
(i) Where there is no data available to estimate the loss or deficiency caused to the Gram Panchayat in the matter of execution of works; and
(ii) Where there is no required material for assessing the loss caused to the Gram Panchayat due to non-levy of mandatory taxes or due to non-conduct of general revision of House Tax in time.
(2) On receipt of such requisition, the District Collector (PW) concerned shall after getting the matter investigated departmentally, assess the loss caused to the Gram Panchayat Funds, and the person or persons responsible therefor and furnish the required information to the Auditor so as to enable him to take necessary action in the matter.
Rule 4
The Executive Authority shall forthwith remedy any defects or irregularities that may be pointed out by the Auditor, and report the same to the Gram Panchayat.
Rule 5
(1) Any Auditor may disallow every item contrary to law and surcharge the same on the person making or authorising the making of the illegal payments and may charge against any person responsible therefor, the amount of any deficiency loss or unprofitable outlay incurred by the negligence or misconduct of that person or of any sum which ought to have been, but is not, brought to account by that person and shall in every case, certify the amount due from such person.
Explanation :- It shall not be open to any person whose negligence or mis-conduct has caused or contributed to any such deficiency or loss, to contend that notwithstanding his negligence or misconduct, the deficiency or loss would not have occurred but for the negligence or misconduct of some other person :
Provided that, no surcharge proceedings shall be instituted after a lapse of three years from the date of completion of audit.
(2) The Auditor shall state in writing the reasons for his decision in respect of every disallowance surcharge or charge, and furnish by registered post a copy thereof to the person against whom it is made.
(3) If the person to whom a copy of the Auditor's decision is so furnished refuses to receive it he shall nevertheless be deemed to have been duly furnished with a copy of such decision within the meaning of sub-rule (2). The period of ninety days fixed in Rules 6 and 7 shall be calculated from the date of such refusal.
Rule 6
(1) Any person aggrieved by disallowance, surcharge or charge made, may within ninety days after he has received or been served with the decision of the Auditor, either,--
(a) apply to the Principal Civil Court of original jurisdiction to set aside such disallowance, surcharge or charge and the Court, after taking such evidence as is necessary may confirm, modify or remit such disallowance, surcharge or charge with such orders as to costs as it may think proper in the circumstances;
(b)
(i) in lieu of such application, appeal to the following authorities in the cases noted against each;
(i)
District Panchayat Officer
In respect of a surcharge certificate amount not exceeding Rs.5,000/-.
(ii)
District Collector
In respect of surcharge certificate above Rs.5000 but not exceeding Rs.25,000/-.
(iii) Commissioner (PR&PS)
In respect of a surcharge certificate exceeding Rs.25,000/- :
Provided that in respect of Surcharge Certificate issued by the Director of Local Fund Audit, Andhra Pradesh, Hyderabad, the appeal powers against the surcharge certificates shall lie with the District Collector against the orders of District Panchayat Officer, and Commissioner, Panchayat Raj and Rural Employment against the orders of the District Collectors. However, the appeal powers shall be with the Government against the orders of Commissioner.
(ii) The orders passed by the respective appellate authority shall be final.
(2) From any decision of the Court under clause (a) of sub-rule (i) an appeal shall lie to the Court.
(3) Where an application is made to the Court under clause (a) sub-rule (1) the Auditor shall be the sole respondent thereto and the applicant shall not be entitled to make either the authorities specified in clause (b)(i) of sub-rule (i) of Rule or any other person as party to the proceedings.
Rule 7
Every sum certified to be due from any person by the Auditor under these rules shall be paid by such person into the nearest Government Treasury or (in rules shall be paid by such person into the nearest Government Treasury or) in the Office of the Gram Panchayat within ninety days after the intimation to him of the decision of the Auditor, unless within the time such person has appealed to the authorities specified in clause (b)(i) of sub-rule (1) of Rule 6 against the decision; and such sum, if not paid or such sum as the authorities aforesaid shall declare to be due, shall be recoverable on an application made by the Extension Officer (Panchayats) to the Court in the same way as an amount decreed by the Court:
Provided that where the amount covered by a surcharge certificate is Rs.500/- or less the same shall be recoverable by the Divisional Panchayat Officer having jurisdiction over the Panchayat concerned.
RULES FOR THE PUBLICATION OF RESOLUTION AND NOTIFICATION FOR LEVY OF TAXES IN MANDAL PARISHAD AND ZILLA PARISHADS
In exercise of the powers conferred by sub section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules, namely
Rule 1
(a) Any resolution of a Gram Panchayat, Mandal Parishad Zilla Parishad determining to levy any tax shall specify the local limits of the area, in which, the rate at which, the date from which and the period of levy, if any, for which such tax shall be levied.
(b) When by any such resolution a Gram Panchayat, Mandal Parishad, Zilla Parishad determines to levy any tax, the Executive Officer cum Village Development Officer The Mandal Parishad Development Officer the Chief Executive Officer shall forthwith publish a notification.
Rule 2
Every notification referred to in Sub rule (b) of Rule 1 shall be published:
(1) in all cases
(a) in the District Gazette, if one is published and in one newspaper circulating in the district, and
(b) by affixing a copy of the notification in some conspicuous place in the office of the Gram Panchayat Mandal Parishad Zilla Parishad.
(2) if the notification relates to any tax the proceeds of which, in whole or in part, are credited to any Gram Panchayat or Mandal Parishad or Zilla Parishad, also by affixing a copy of the notification in some conspicuous place in the office or offices of Gram Panchayat Mandal Parishad or Zilla Parishad, and
(3) if the notification relates to any tax the proceeds of which are credited, in whole or in part, to any Gram Panchayat or Gram Panchayats, also
(a) by affixing a copy of the notification in some conspicuous place in
(i) Office or offices of such Gram Panchayat or Gram Panchayats;
(ii) the village chavadi or chavadis, if any, of the village or villages concerned; and
(iii) the office or offices of the Gram Panchayat or Gram Panchayats or Mandal Parishad or Mandal Parishads concerned.
RULES FOR CONSTITUTION AND APPOINTMENT OF JOINT COMMITTEE OF GRAM PANCHAYAT AND MANDAL PARISHAD POWERS AND PROCEDURE RULES
In exercise of the powers conferred by sub section (1) and (3) of Section 268 read with Sections 42, 175 and 176 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules in respect of constitution or appointment, powers and functions for the Joint Committees under the said Act, namely
Rule 1
A Joint Committee of a Gram Panchayat Mandal Parishad with one, or more than one, other local authority may include persons, who are not members of the local authorities for any purpose in which they are interested or for any matter for which they are jointly interested or for any matter for which they are fully responsible for serving on such Committee.
Provided that the number of such persons shall not exceed one third (1 3rd) of the total number of members of the Joint Committee.
Rule 2
The Constitution of a Joint Committee shall be by means of rules which shall not, except in the cases referred to in Rule 5, have effect unless assented to by each of the local authorities concerned.
Rule 3
The rules shall determine:
(a) the total number of members of the Joint Committee;
(b) the number of persons who shall be members of the local authorities concerned and the number of persons who may be outsiders;
(c) the persons who shall be members of the Joint Committee or the manner in which they shall be elected or appointed;
(d) the person who shall be Chairman of the Joint Committee or the manner in which he shall be elected or appointed;
(e) the term of office of members and Chairman;
(f) the powers being powers exercisable by one or more of the local authorities concerned, which may be exercised by the Joint Committee; and
(g) the procedure of the Joint Committee.
Rule 4
The rules made under Rule (2) and (3) may be varied or revoked.
Provided that all the local authorities concerned are consulted before such variation or revocation.
Rule 5
If any difference of opinion arises between local authorities under any of the foregoing rules, it shall be referred to the Government whose decision shall be final.
ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994 RULES FOR MAKING BYE LAWS
In exercise of the powers conferred by sub sections (1) and (2) of Section 259 read with sub section (1) of Section 268 and also Section 270 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules, namely
Rule 1
The Gram Panchayat Mandal Parishad Zilla Parishad may make bye laws, not inconsistent with the Act or with any other law for the time being in force.
Rule 2
The Gram Panchayat Mandal Parishad Zilla Parishad shall, before making or altering bye laws, publish a draft of the proposed bye laws or alterations of bye laws, together with a notice specifying a date on or after which such draft will be taken into consideration and shall, before making the bye laws or alterations of bye laws, receive and consider any objections or suggestions, which may be made in respect of such draft by any person interested therein before the date so specified. The notice under this rule shall be published in the manner laid down in Rule (4) and the period specified for the receipt of objections or suggestions shall not be less than thirty days.
Rule 3
No bye law or alteration or cancellation of a bye law made by a Gram Panchayat Mandal Parishad Zilla Parishad shall have effect, until the same has been approved by the Commissioner, Panchayat Raj Zilla Parishad Government respectively.
Rule 4
Any bye law or alteration or cancellation of a bye law made by a Gram Panchayat Mandal Parishad Zilla Parishad where it has been duly approved under Rule (3) shall be published in the District Gazette, in English and Telugu languages and deposited at the Office of the Gram Panchayat Mandal Parishad Zilla Parishad and a copy thereof shall be pasted up in a conspicuous portion at the said office and at such other places as the Gram Panchayat Mandal Parishad Zilla Parishad direct.
Rule 5
Any bye law or alteration or cancellation of a bye law made by a Gram Panchayat Mandal Parishad Zilla Parishad all come into operation on the expiry of thirty days from the date on which it was published under Rule (4).
POWERS AND FUNCTIONS OF TEMPORARY PRESIDENT OF THE MANDAL PARISHAD AND TEMPORARY CHAIRMAN OF ZILLA PARISHAD
POWERS AND FUNCTIONS OF TEMPORARY PRESIDENT OF THE MANDAL PARISHAD AND TEMPORARY CHAIRMAN OF ZILLA PARISHAD
Rule 1
The Temporary Sarpanch of a Gram Panchayat appointed by the order of the Commissioner of Panchayati Raj under sub section (3) of Section 26 of the Act shall exercise all the powers and perform all the functions of a Sarpanch under the Act, and such powers cannot be delegated by the temporary Sarpanch to any member.
Rule 2
The temporary President of a Mandal Parishad appointed under sub section (6) of Section 165 of the Act shall exercise shall the powers and perform all the functions of a President, Mandal Parishad, under the Act.
Rule 3
The temporary Chairman of a Zilla Parishad appointed under sub section (5) of Section 193 of the Act shall exercise all the powers and perform all the functions of a Chairman, Zilla Parishad, under the Act.
Andhra Pradesh Panchayat Raj (Functions of Panchayat Secretary) Rules, 2002
In exercise of the powers conferred under Section 268 read with sub-section (6) of Section 36 of Andhra Pradesh Panchayat Raj Act, 1994 (Andhra Pradesh Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following rules, relating to the Functions of Panchayat Secretary.
Rule 1 Short title
These rules may be called the Andhra Pradesh Panchayat Raj (Functions of Panchayat Secretary) Rules, 2002.
Rule 2 Functions of Panchayat Secretary
I. Functions relating to Panchayat Administration :
(1) The Panchayat Secretary should necessarily stay within the Panchayat and failure to stay in the Panchayat would result in initiation of disciplinary action which may likely to lead dismissal from service.
(2) He is subordinate to the Gram Panchayat and shall function under the control of the Sarpanch of the Gram Panchayat.
(3) He shall convene the meeting of the Gram Panchayat as directed by the Sarpanch.
(4) He shall attend the meeting of the Gram Panchayat or any Committee thereon.
(5) He shall implement the resolutions of the Gram Panchayat and of the Committees thereof.
(6) He shall take the responsibility of the protection of Government and Panchayat properties and lands and maintenance of village chavadies with clean and green.
(7) He shall report of encroachments, damage or misuse of Government lands, buildings and Panchayat lands and buildings if any to the Higher authorities. He shall maintain the required registers of the Gram Panchayat and collect Panchayat taxes promptly.
II. General Administrative Functions:
(1) He shall collect taxes on behalf of Government and maintain village records and village accounts promptly and accurately.
(2) He shall supervise the crops (100%) and inclusive of inspection of survey stones.
(3) The preliminary reports on the issue of Community, Income, Nativity, Solvency and such other Certificates as required will be submitted.
(4) He shall maintain sanitation in the village.
(5) He shall assist the Gram Panchayat in discharging its duties.
(6) He shall assist Government authorities during floods, cyclone, accidents etc., and take up preventive, relief and rehabilitation work.
(7) He shall assist Andhra Pradesh Transmission Corporation in its operations at village level.
(8) He shall be the 'Inspector' under Minimum Wages Act, 1948 as and when notified by the Competent Authority.
(9) He shall maintain Birth and Death Register as per relevant Act and Rules.
(10) He shall discharge the duties of a Marriage Officer as per relevant Act and Rules and maintain a Record of Marriages as per rules.
(11) He should assist Grama Sabha in the identification of beneficiaries, disbursement of loans and their recovery.
(12) Help all concerned departments:
(a) He shall help the concerned authorities while issuing the proceedings under the provisions of Revenue Recovery Act by obtaining property details.
(b) He shall assist the authorities in servicing of legal notices and summons.
(c) He shall cause beat of tom tom and other methods of informing people about events.
(d) He shall assist in loan recoveries.
(e) He shall conduct Panchanama, in recovery of un-claimed property.
(f) He shall keep Government attached property in safe custody.
(g) He should perform election duties.
III. Police Functions:
(1) He shall give prompt information to the police department regarding murders, suicides, unnatural deaths and other important developments which may threaten peace in the village.
(2) He shall inform the police of stranger of suspicious appearance.
(3) He shall inform occurrence of an accident to an aircraft to the nearest Police Station.
IV. Community Welfare and Development:
(1) He shall assist in work relating to payment of old age pension.
(2) He shall report outbreak of epidemics.
(3) He shall furnish the particulars about implementation of developmental activities.
(4) He should prepare the draft list of heads of house-holds under the poverty line, keeping the names starting with the lowest levels of income and upward.
(5) He should identify the needs of village and assist in preparation of village plans.
(6) He should motivate the women for formation of new Self Help Groups by encouraging the habit of thrift, impart best principles of group management in the Self Help Groups through regular training and capacity building.
(7) He shall attend monthly staff meetings convened by President, Mandal Parishad and Mandal Parishad Development Officer, and other meetings convened by District Officers.
(8) He should assist the superior officers in their work.
(9) He should do necessary documentation and assist in implementation of Weaker Section Housing Programme.
(10) He should report on the atrocities against women and children to the authorities concerned and to take action within 24 hours.
(11) He shall report any outbreak of communicable diseases especially Malaria, Japanese Encephalitis and Gastroenteritis to the nearest Primary Health Centre immediately.
(12) He shall monitor the Anti-Malarial spraying of insecticides in the villages.
(13) He shall assist the Integrated Child Development Scheme Functionaries in implementing their various activities.
(14) He shall organise to collect the details of seedlings planted in each location, motivate the concerned to protect them and collect percentage of survival periodically.
(15) He shall report cases of atrocities against Scheduled Caste, Scheduled Tribes.
(16) He shall attend meetings of VTDA and assist VTDA in preparation of micro plans and in implementing them.
(17) He shall strive for eradication of untouchability by providing access to Scheduled Castes and Scheduled Tribes in temples, removal of two glass system in canteens and hotels in the villages and provision of access to public water sources.
(18) He shall assist the Education Department in their enrolment drive.
(19) He shall assist in conducting the literacy classes.
(20) He should maintain:-
(a) Crop coverage and assist in reconciliation of high estimates of crop coverage with Azmoish figure for reconciling the crop areas for Crop Insurance Scheme.
(b) He should assist Agricultural Department in implementing its progremmes and disseminate extention information.
(c) He shall do Joint Azmoish of Crops.
(d) He shall assist in maintenance of agricultural statistics.
(e) He shall assist in maintaining and up keeping of information boards, black boards and the assets in the village.
(f) He shall assist in giving information to the concerned officials about any black market sales of seeds, fertilizers and pesticides.
(g) He shall assist in maintenance of House-hold Data of Weavers both within and outside Co-operation fold and their economic status.
(h) He shall issue Dependency Certificate for Handloom Weavers if any desired.
V. Co-ordinative Functions:
(1) He should act as Co-ordinator between the various agencies.
(2) He should maintain list of beneficiaries under various schemes and mobilize the public participation for Janmabhoomi, Neeru-Meeru and Water Shed Programmes and Joint Forest Management/Community Forest Development.
(3) He shall keep liaison with teachers and other Government Departmental Officers.
(4) He should organize meetings and group discussions among villagers for Community Work.
(5) He should co-ordinate with the work of all departmental employees at village level.
(6) He should motivate the people for successful implementation of clean and green programme and plantation programmes.
VI. Miscellaneous: He shall attend to other duties as assigned by the Government and District Administration from time to time.
ANDHRA PRADESH GRAM PANCHAYAT, PUBLIC OR GOVERNMENT FERRIES RULES, 2000
In exercise of the powers conferred by sub-section (1) of Section 268 read with sub-section (3) of Section 57 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), and in supersession of the Rules issued in G.O. Ms. No.174, Panchayat Raj (Samithi X) Department, dated the 11th July, 1973, the Governor of Andhra Pradesh hereby makes the following Rules relating to constitution, power and procedure to be adopted by any Joint Committee for Management of Public/Government Ferries in Gram Panchayats and Mandal Parishads.
Rule 1 Short title
These Rules may be called the Andhra Pradesh Gram Panchayat, Public or Government Ferries Rules, 2000. Constitution of Joint Committees of the Gram Panchayats, Mandal Parishads in Respect of Certain Cases
Rule 2
There shall be constituted Joint Committees of the Gram Panchayats/Mandal Parishads for management of ferries in respect of the following cases, namely
(i) in the case of a ferry connecting any public road under the management of a Gram Panchayat and lying within the jurisdiction of more than one Gram Panchayat; and
(ii) in the case of a ferry connecting any public road under the management of a Mandal Parishad and lying within the jurisdiction of more than one Mandal Parishads. Members of Joint Committees of Gram Panchayats
Rule 3
A Joint Committee of the Gram Panchayat concerned under Rule 2, shall consist of the following Members, namely :
(i) the Sarpanches of all those Gram Panchayats in the jurisdiction and management of which the public road connecting a ferry lies, shall be ex officio members :
Provided that where the office of the Sarpanch of a Gram Panchayat is vacant, the Upa-Sarpanch of the said Gram Panchayat or the person, who performs the functions of the Sarpanch, shall act as a member representing such Gram Panchayat till such time the Sarpanch is elected and assumes office.
(ii) one person from each of the Gram Panchayats concerned, who is a Mandal Parishad Territorial Constituency Members or a registered voter in the area of the respective Gram Panchayat and who is interested in the affairs relating to the management of the ferry, shall be nominated by the Gram Panchayat concerned; and
(iii) the Extension Officer (Panchayats) or Extension Officers (Panchayats) of the Mandal(s) in which the Gram Panchayats concerned lie.
Rule 4 Members of the Joint Committee of the Mandal Parishad
A Joint Committee of the Mandal Parishad falling under item (ii) of Rule 2 shall consist of the following Members namely
(i) the Presidents of all those Mandal Parishads in the jurisdiction and management of which the public road connecting a ferry lies, shall be ex officio members:
Provided that where the office of the President of a Mandal Parishad is vacant, the Vice-President of the Mandal Parishad or the person, who performs the functions of the President, shall act as a member representing such Mandal Parishad till such time the President is elected and assumes office;
(ii) One person from each of the Mandal Parishad concerned, who is a Zilla Parishad Territorial Constituency Member or a registered voter in the area of the respective Mandal Parishad and who is interested in the affairs relating to management of ferry, shall be nominated by the Mandal Parishad concerned; and
(iii) the Divisional Panchayat Officer or Divisional Panchayat Officers in whose jurisdiction(s) the Mandal Parishad concerned, situate.
Rule 5 Sarpanch or President to act as Chairman
The Sarpanch of the Gram Panchayat or the President of the Mandal Parishad, in the immediate jurisdiction and the road connecting it lie, shall be the Chairman of the Joint Committee of the Gram Panchayat or the Mandal Parishads concerned as the case may be.
Rule 6 Terms of the Chairman and Members of the Joint Committee
(1) The Chairman and ex-officio members of the Joint Committee of the Gram Panchayats or Mandal Parishad concerned shall hold office so long as they hold the office of the Sarpanch of a Gram Panchayat or the President of a Mandal Parishad as the case may be; and
(2) The term of office of nominated members of the Joint Committees of the Gram Panchayats or Mandal Parishad concerned, as the case may be, shall be three (3) years from the date of nomination. If the nominated Member happens to be an Mandal Parishad Territorial Constituency, Zilla Parishad Territorial Constituency Member he shall hold the office so long as he holds the office of the Mandal Parishad Territorial Constituency or Zilla Parishad Territorial Constituency as the case may be.
Rule 7 Convenor of the Joint Committee
(1) The Executive Officer of the Gram Panchayat or the Mandal Parishad Development Officer of the Mandal Parishad in the immediate jurisdiction of which the ferry and the road connecting it lie, shall be the convenor of the Joint Committee of the Gram Panchayats or the Mandal Parishad concerned, as the case may be, and
(2) The convenor shall prepare the agenda for the meeting in consultation with the Chairman.
Rule 8 Convening the meetings of the Joint Committee
The Chairman shall convene the meetings of the Joint Committees and preside over them for transacting the business. In the absence of the Chairman, a member, other than the official member, chosen by the members present at the meeting, shall preside over the meetings.
Rule 9 Meetings of the Joint Committee
(1) The Joint Committee shall meet at least once in every two months in the Office of the Gram Panchayat or Mandal Parishad to which the Chairman and the convenor of the Joint Committee of the Gram Panchayats or Mandal Parishad concerned belong, as the case may be.
(2) No meeting of the joint Committee shall be held unless notice of place, date and time of the meeting and of the business to be transacted threat, is given at least six clear days before the date of commencement of the meeting, and
(3) In the case of urgency the Chairman may convene a meeting on giving shorter notice than that specified in sub-rule (2).
Rule 10 Quorum
(1) No business shall be transacted at a meeting of any joint Committee unless there be present atleast half the number of members on the Committee. Any fraction arrived at in calculating the number shall be ignored.
(2) All questions which may come before the Joint Committee at the meeting shall be decided by a majority of the members present and voting at the meeting and in every case of equality of votes the presiding member shall have and exercise a second or casting vote.
Rule 11 Modification or cancellation of resolution
No resolution of the Joint Committee shall be modified or cancelled within three months after the passing thereon, except at a meeting specially convened in that behalf and by a resolution of the joint committee supported by not less than two-thirds of the total number of members of the Joint Committee. Any fraction arrived at the calculating the number shall be ignored.
Rule 12 Duties of the Joint Committee
(1)It shall be the duty of the Joint Committee to look after the affairs for the proper management of the ferry or ferries concerned;
(2) The Joint Committee, if it is considered desirable, may lease out the ferry by public auction in accordance with the relevant Rules made under the Andhra Pradesh Panchayat Raj Act, 1994.
(3) The Joint Committee may levy tolls at such rates as they may fix, keeping in view the rate fixed for the Government ferries upon animals, vehicles of any passenger, goods conveyed across the ferry.
(4) The Joint Committee shall exhibit a notice in English and in the language of the area, specifying the tolls leviable at a ferry, to public view on each side of the ferry.
(5) The Joint Committee may make conditions as are necessary in connection with the proper functioning of the ferry for all or any of the following purposes namely :_
(i) declaring power to be exercised by the persons appointed in connection with the management of the ferry.
(ii) Providing for inspection of licensed vessels and for their maintenance in good condition.
(iii) prescribing procedure to be followed in case of non-payment of tolls etc., when demanded by the person duly appointed or empowered to collect or impose the same and also for unauthorised levy of tolls when a lease has been given.
(iv) Providing for payment of instalments recoverable from the lessee.
(v) Providing for regulating the number, kind, dimensions and equipments of boats, for the number of sailors to be kept by the lessee on each boat, for the maintenance of boats continuously in good condition, for the hours during which the lessee shall ply boats and for the number of passengers, animals vehicles and bulk and weight of other things which may be sent in the boat in view or its kind, and
(vi) keeping ferry in working condition.
Rule 13 Fund of the Joint Committee
(1) The fund for the working of the Joint Committee shall consist of;
(i) the collections made at ferry points;
(ii) the sale proceeds of the ferry, and
(iii) such grants as may be obtained from the Government.
(2) The fund collected and obtained shall be deposited in the nearest Government Treasury or in the nearest Post Office Savings Bank or in both, in the name of the Joint Committee.
(3) The funds shall be operated upon by the Chairman and he shall be responsible for the proper accounting of all receipts and expenditure.
(4) The funds shall be utilised primarily;
(i) for the maintenance of road leading to the ferry.
(ii) for providing amenities to passenger who cross the ferry by way of providing shelter, drinking water, latrines, etc., and
(iii) for meeting any other incidental expenditure in connection with management of the ferry.
Rule 14 Apportionment
The net income realised, after meeting the permissible expenditure connected with the management of the ferry or ferries, shall after the closure of financial year, be apportioned between the Local Bodies concerned equally, which shall form part of the funds of such Local Body.
Rule 15 Application of certain provisions of Act 1994
All provisions of Sections 13, 14, 20, 21, 22, 23, 24, 29, 39, 44, 51, 74, 245, 246, 247, 249, 250, 262 of the Andhra Pradesh Panchayat Raj Act, 1994 and relevant Rules issued there under shall be applicable to Joint Committees.
Rule 16 Powers to give directions by the Government
The Government may issue such directions as they may think necessary or desirable in respect of any of the matters mentioned in these Rules and for distribution of assets and liabilities of the Joint Committees among the Local bodies concerned either on the dissolution of the Joint Committee or on the withdrawal of any such Local Body from the Joint Committee.
Rule 17 Difference of opinion and decision of Collector and Government
If any difference of opinion arises between the Local Bodies concerned under any of the foregoing provisions, it shall be referred to the District Collector concerned for his decision. If the local body is not satisfied with this decision it may move to the matter to the Government through a revision petition under Section 264 of the Andhra Pradesh Panchayat Raj Act, 1994 and the decision of the Government thereon shall be final and binding.
ANDHRA PRADESH GRAM PANCHAYAT (POWER TO NAMING OF STREETS AND NUMBERING THE BUILDINGS) RULES, 2000
In exercise of the powers conferred by sub-section (1) of Section 268 read with sub-sections (1) and (3) of Section 126 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) and in supersession of the Rules issued in G.OMs No.215, Panchayat Raj Department, dated the 4th March, 1965, the Governor of Andhra Pradesh hereby makes the following Rules, namely :
Rule 1 Short title
These Rules may be called the Andhra Pradesh Gram Panchayat (Power to Naming of Streets and Numbering the Buildings) Rules, 2000.
Rule 2 Naming of Streets
(1) Every Gram Panchayat may cause a name to be given to any street in its limits and publish such name at three conspicuous places in the village for electing public opinion before a specified date not being less than 30 (thirty) days from the date of such publication.
(2) The objections or suggestions, if any, received from the public on or before such date shall be considered by the Gram Panchayat before the name is approved.
(3) The name given to each street shall be exhibited conspicuously at the beginning and at the end of each street.
(4) Every member of the Gram Panchayat shall protect the name Board given in the street.
Rule 3 Numbering of Building
(1) Every Gram Panchayat may cause a number to be given to each building in the Gram Panchayat to the side or outer door of the building or to some place at the entrance of the building and such convenient manner and in accordance with such directions as may be issued by the Government from time to time.
(2) Every owner of the building shall protect the number given to the building and shall replace it, if it is removed or defaced.
Rule 4 Prescribed authority
(1) The authorities for the purpose of sub-section (3) of Section 126 shall be the Executive authority of a Gram Panchayat.
(2) In case of the owner fails to replace the number of the building if, it is removed or defaced, the Executive Officer of the Gram Panchayat shall issue notice and replace the same.
ANDHRA PRADESH GRAM PANCHAYATS (DECLARATION OF VILLAGES) RULES, 1994
In exercise of the powers conferred by sub section (1) and (2) of Section 3 read with sub section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994, (Act 13 of 1994), the Government of Andhra Pradesh hereby make the following rules:
Rule 1
These rules may be called the Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 1994.
Rule 2
In these rules, unless the context otherwise requires:
(i) "Act" means the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994);
(ii) "Distance" means the distance of an area from the office building of the Gram Panchayat, if any, or from a central point in the village as fixed by the Commissioner (PR);
(iii) "Local Area" means any area comprised within the jurisdiction of a Gram Panchayat and includes any area not previously included in any Gram Panchayat that may be declared to be or to form part of a Gram Panchayat.
Rule 3
Save as otherwise provided in these rules, ordinarily, every revenue village in areas other than the Scheduled Areas with a population of 3000 (Three Thousand) and more and with an income of rupees 3,000 (Rupees three thousand) and above per annum in Andhra area and with an income of Rupees 1,500 (Rupees one thousand and five hundred) and above per annum in Telangana area shall be declared as a village.
Rule 4
Any hamlet of a revenue village declared as a village under Rule 3, lying within a distance of three Kilometers irrespective of its population and income shall ordinarily be included in that village:
Provided that the Commissioner, for special reasons such as geographical features, communication facilities or viability may declare one or more such hamlets into a separate village.
Rule 5
In the Scheduled Areas, the Commissioner may declare one or more revenue villages or a group of revenue villages or (hamlets thereof) irrespective of the population and income as a village having regard to the distance, terrain and viability of the local area comprised therein.
Explanation:- For the purpose of this rule, the expression "Scheduled Areas" means such areas in the State as the President of India has by order declared to be "Scheduled Areas".
Rule 6
If a local area comprised in a revenue village or villages which is not in the Scheduled Areas, is beyond a distance of 3 K.Mts. from that revenue village or villages, as the case may be, and has a population of three thousand in Andhra Area and one thousand in Telangana Area and more and an income of rupees three thousand and above per annum in the Andhra Area and rupees fifteen hundred and above per annum in the Telangana Area, it may be declared as a separate village :
Provided that, for reasons to be specified in the notification, any such local area, which is beyond a distance of three kilometers may, irrespective of its population and income also be declared as separate village;
Provided further that the Commissioner may, for special reasons, such as geographical features, communication facilities, or viability may declare one or more revenue villages which are at a distance of three kilometers or less into a separate village, irrespective of its population and income.
Rule 7
Two or more contiguous revenue villages or hamlets, or any part of Revenue Mandal each with a population of less than three thousand and income of less than rupees three thousand per annum in the Andhra Area and a population of one thousand and income of Rs. 1,500 (Rupees one thousand and five hundred) per annum in the Telangana Area may be declared as a single village.
Rule 8
Subject to the provisions contained in the Act and these rules, where a Gram Panchayat passes a unanimous resolution that a local area shall not be excluded from or included in a village, the Commissioner, if satisfied that such resolution is not vitiated by any irregularity, impropriety or illegality shall not, except for special reasons to be recorded in writing, exclude from or include in that village any such area.
Rule 9
Where it becomes necessary to take action under sub section (2) of Section 3 of the Act, to exclude from a village any local area or include in village any local area or unite two or more villages or parts of village or to alter the boundaries of any village or to alter the name of any village in giving effect to these rules, the Commissioner shall, before issuing a notification therefor, give the Gram Panchayat which will be affected by the issue of such notification an opportunity of showing cause against the proposal to indicate its decision within a period or ten days from the date of receipt of the show cause notice and consider the objections, if any, of such Gram Panchayat:
Provided that where a Special Officer has been appointed to exercise the powers and perform the functions of the Gram Panchayats and its Sarpanch and Executive Authority, such Special Officer shall be given the aforesaid opportunity and the Special Officer shall make his representation within a period of ten days from the date of receipt of the show cause notice after taking into consideration the views expressed by the members of the Gram Sabha at a special meeting convened for the purpose;
Provided, further that if no reply to the show cause notice from the Gram Panchayat or the Special Officer is received within the period aforesaid, the Commissioner shall pass such orders as deemed fit to give effect to the proposal.
Rule 10
Where a notification for the declaration of a village has been issued by the Commissioner, it shall be open to any Gram Panchayat affected to prefer revision petition to the Government through the Commissioner, within fifteen days from the date of publication of such notification and the Government, may pass such order thereon as they may deem fit.
Rule 11
The name of the village to be specified under sub section (1) of Section 3 of the Act, shall be the name of revenue village or hamlet or any part of revenue Mandal comprising the village having the largest population.
Rule 12
(1) It shall be competent for the Commissioner to cancel a notification under clause (f) of sub section (2) of Section 3, in the following circumstances namely:-
(i) where it is proposed to constitute a municipality or a notified area under Section 389 A of the Andhra Pradesh Municipalities Act, 1965, or a Municipal Corporation for a village for group of villages or part thereof declared as village under sub section (1) of Section 3 of the Act;
(ii) where a village declared under sub section (1) of Section 3 or part thereof is proposed to be merged in a neighbouring Municipality or Municipal Corporation or a Notified Area constituted under Section 389 A of the Andhra Pradesh Municipalities Act, 1965 and the residuary area is not, in the opinion of the Commissioner, a viable unit for continuing as a Gram Panchayat;
(iii) where the revenue village or part thereof declared as a village under sub section (1) of Section 3 of the said Act ceases to be a revenue village due to submersion or depopulation and the necessity for a Gram Panchayat ceases;
(iv) where it is found in the actual working that the Gram Panchayat for the village declared under sub section (1) of Section 3 cannot function efficiently as a viable of local self Government.
(2) The Commissioner shall, before issuing a notification under clause (f) of sub section (2) of Section 3 of the Act, give to the Gram Panchayat, which will be affected by the issue of such notification, an opportunity of showing cause against the proposal to indicate its decision within a period of ten days from the date of receipt of the show cause notice and consider the objections if any, of such Gram Panchayat:
Provided that if no reply to the show cause notice from the Gram Panchayat is received within the period aforesaid, the Commissioner shall pass such orders as deemed fit, to give effect to the proposal. Powers shall be vested with Government for relaxation of rules contained in this order.
ANDHRA PRADESH GRAM PANCHAYAT (ESTABLISHMENT AND MAINTENANCE OF THE INSTITUTIONS TO TWO OR MORE MANDAL PARISHADS) RULES, 2000
In exercise of the powers conferred by sub-section (1) of Section 268 read with sub-section (2) of Section 162 of the Andhra Pradesh Panchayat Raj Act, the Governor of Andhra Pradesh hereby makes the following Rules, namely
Rule 1 Short title
These Rules may be called the Andhra Pradesh Gram Panchayat (Establishment and Maintenance of the institutions to two or more Mandal Parishads) Rules, 2000.
Rule 2 Definition
In these Rules, unless the context otherwise requires "Act" means the Andhra Pradesh Panchayat Raj Act, 1994.
Rule 3 Establishment and Maintenance of Institutions
The following institutions may be established and maintained in common by two or more Mandal Parishads, namely
(1)
(i) Nurseries for supply seedings under Social Forestry Schemes
(ii) Agricultural Stores-cum-Museums.
(2) Institution for developing forests or woodlands for the supply of fuel, timber, fodder and green leaves
(i) Common training centres for the benefit of rural artisans under TRYSEM programmes.
(ii) Common rural arts, crafts and Industries Training Centres.
(3) Cottage Industries and Agriculture Centre.
(4) Hospitals, Primary Health Centres and Sub-Centres.
(5) Institutions for conducting anti-malaria and anti-filarial operations.
(6) Craft and dress making centres.
(7) Beggar houses, Shelters for the distitutes, street children and women, Cyclone Relief Centres.
(8) Such other institutions as may be necessary for carrying out the functions specified in the Schedule II of the Act.
Rule 4 Apportionment of the Cost of Institutions
The apportionment of the cost of establishment and maintenance of each of the institutions between the Mandal Parishads concerned and the manner of execution of the works undertaken by these institutions shall be determined by the District Collector or an officer nominated by him in this behalf in respect of each institution.
Rule 5 Management of the Institution
These institutions shall be managed by the Joint Committee constituted under Section 175 of the Act.
ANDHRA PRADESH GRAM PANCHAYAT (EXECUTIVE AUTHORITIES POWER TO SUMMON AND EXAMINE WITNESS) RULES, 2000
In exercise of the powers conferred by clause (xvi) of sub-section (2) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), and in supersession of the rules issued in G.O. Ms. No.31, Panchayat Raj Department, dated the 8th January, 1965 the Governor of Andhra Pradesh hereby makes the following Rules, namely :
Rule 1 Short title
These Rules may be called the Andhra Pradesh Gram Panchayat (Executive Authorities power to summon and examine witness) Rules, 2000.
Rule 2 Powers of the Executive Authority
The executive authority of Gram Panchayat shall have the powers to call for information, to summon and examine witnesses and to compel the production of documents in the manner provided in the Code of Civil Procedure, 1908, in respect of any matter relating to taxation of any licence or permission under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994.
Rule 3 Penalty
Whoever fails to obey the summons issued by the executive authority under Rule 1 without a reasonable cause of excuse which should be intimated to the executive authority atleast two or three days in advance shall be punishable with fine which may extend to one hundred rupees.
ANDHRA PRADESH GRAM PANCHAYATS (LEVY OF SPECIAL TAX ON HOUSES) RULES, 1997
In exercise of the powers conferred by Section 268 read with Section 71 of the Andhra Pradesh Panchayati Raj Act, 1994 (Andhra Pradesh Act 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to levy of special tax on houses.
Rule 1
(1)These rules may be called "the Andhra Pradesh Gram Panchayats (Levy of Special Tax on Houses) Rules, 1997."
(2) They shall apply to all Gram Panchayats in the State.
(3) The Gram Panchayats may levy a special tax for providing and maintaining electric lighting and pucca drainage.
Rule 2
Every Gram Panchayat may levy or surcharge over the house tax the following rates, subject to maximum and minimum specified in the table below:
Rule 3
Tax at the above rates may be levied per annum.
Rule 4
(1) Every proposal for the levy of the tax shall be submitted to the District Collector through the District Panchayat Officer and shall be accompanied by,--
(i) a resolution of the Gram Panchayat in consultation with the Gram Sabha passed at a meeting specially convened for the purpose and supported by not less than one half of the sanctioned strength of the Gram Panchayat specifying the purpose for which, the rate at which, and the period for which the tax is to be levied;
(ii) a resolution of Gram Sabha agreeing to the proposal;
(iii) a statement showing the receipts and charges under the various heads of accounts for the three years preceding the year in which the proposal is made;
(iv) the budget estimate for the year in which the proposal is made; and
(v) particulars of the approximate or estimated costs of the work in respect of which the tax is proposed to be levied and the amount of tax likely to be realised per year.
(2) The Collector, before sanctioning the proposal, shall consider the suitability or otherwise of the rate of tax proposed.
(3) The receipts out of these taxes shall have to be earmarked and shall be used for the purpose for which the said taxes are levied.
(4) A special account showing the proceeds out of the tax and the expenditure and the net balances available at close of the financial year shall have to be maintained.
(5) No separate demand shall be issued for the purpose of collecting the tax and it is enough if the tax is incorporated in the demand notice for house tax, indicating each tax separately on the back of it.
(6) No separate demand register need be maintained for preparing the demand for the tax and it is enough if the demands under the tax is indicated separately providing different columns in the demand register for house tax.
(7) The exemptions provided in the rules relating to levy of house tax under the Andhra Pradesh Panchayati Raj Act, 1994 issued in G.O. Ms. No.594, PRRD and R (Pts.III) Department, dated 11-8-1995 shall mutatis mutandis apply to these rules also.
(8) The rules issued in G.O. Ms. No.30, PR., RD and R (Pts.III) Department, dated 20-1-1995 regarding the assessment and collection of taxes shall apply mutatis mutandis to the assessment and collectpion of tax levied under these rules.
ANDHRA PRADESH PANCHAYAT RAJ SARPANCH, UPA SARPANCH AND MEMBERS OF GRAM PANCHAYAT (TRAVELLING ALLOWANCE AND DEARNESS ALLOWANCE) RULES, 2000
In exercise of the powers conferred under Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following Rules relating to the Travelling Allowance Daily Allowances of the Sarpanch, Upa-Sarpanch and Members of Gram Panchayat.
Rule 1 Short title
These Rules may be called the Andhra Pradesh Panchayat Raj Sarpanch, Upa-Sarpanch and Members of Gram Panchayat (Travelling Allowance and Dearness Allowance) Rules, 2000.
Rule 2 Travelling Allowance and Dearness Allowance to Sarpanch, Upa Sarpanch and Members of Gram Panchayat
The Sarpanch, Upa-Sarpanch and Members shall be allowed Travelling Allowance and Dearness Allowance as follows :
(a) If the tours undertaken within the Mandals, no Travelling Allowance and Dearness Allowance shall be paid.
(b) The Sarpanch shall be eligible to draw sitting fee for attending Mandal Parishad meetings at the rates admissible under relevant Rules from Mandal Parishad Funds.
(c) If he does not utilise the Government vehicle for journeys outside Mandal jurisdiction, the Travelling Allowance shall be as follows :
(i) by train : Second Class Sleeper fare;
(ii) by bus : Bus fares;
(iii) by scooter : Rs.0.55 per Km. subject to a maximum of Rs.55/- (Rupees fifty five only) per day;
(iv) by car : Rs.2/- per Km., subject to maximum of Rs.100/- per day.
(d) Where the places are connected by train the journey should necessarily be performed by train. If the Sarpanch or Upa-Sarpanch or Member performs journey by motor cycle or car between such meeting propulsion charges for himself, shall be limited to the train fare entitled, whichever is less.
(e) Daily Allowance : Rs.30/- (Rupees thirty only) for each day of journey.
Rule 3 Approval of journeys and submission of bills
(1)
(a) For journeys outside the Mandal jurisdiction but within the District, the prior approval of Extension Officer (Panchayats) is necessary.
(b) for journeys outside the District, the prior approval of Collector (Panchayats) is necessary.
(c) for journeys outside the State, prior approval of Commissioner, Panchayat Raj is necessary.
(2) The claims under these Rules shall be preferred within three months from the last day of the journey.
(3) The TA Bills shall be admitted for payment only after they are scrutinised and countersigned by the Extension Officer (Panchayats).
Rule 4 Regulation of any matter
The Commissioner, Panchayat Raj and Rural Employment shall be the final authority in regard to the regulation of any matter arising out of the application of these Rules.
ANDHRA PRADESH GRAM PANCHAYAT (SECOND APPEAL) RULES, 2000
In exercise of the powers conferred by sub-section (2) of Section 128 read with Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) and in supersession of the Rules issued in G.O. Ms. No.770, Panchayat Raj, dated the 21st July, 1964, the Governor of Andhra Pradesh hereby makes the following Rules relating to the authority to whom a second appeal shall lie from the decision of the Gram Panchayat.
Rule 1 Short title
These Rules may be called the Andhra Pradesh Gram Panchayat (Second Appeal) Rules, 2000.
Rule 2 Definition
In these Rules, unless the context otherwise requires "Act" means the Andhra Pradesh Panchayat Raj Act, 1994.
Rule 3 Second appeal
A second appeal shall lie to the District Panchayat Officer over the decision of the Gram Panchayat passed in an appeal under sub-section (1) of Section 128 of the Act.
ANDHRA PRADESH PANCHAYAT RAJ (EMERGENCY POWERS OF THE GOVERNMENT, COMMISSIONER AND DISTRICT COLLECTOR) RULES, 2000
In exercise of the powers conferred by sub-section (1) of Section 262 read with sub-section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) and in supersession of the Rules issued in G.O. Ms. No.669, Panchayat Raj, dated the 4th June, 1965, the Governor of Andhra Pradesh hereby makes the following Rules relating to the emergency powers of the Government, Commissioner and District Collector.
Rule 1 Short title
These Rules may be called the Andhra Pradesh Panchayat Raj (Emergency Powers of the Government, Commissioner and District Collector) Rules, 2000.
Rule 2 Definitions
In these Rules, unless the context otherwise requires, "Act" means the Andhra Pradesh Panchayat Raj Act, 1994.
Rule 3 Emergency powers of Government, Commissioner and Collector
In every case in which the powers are conferred by Section 262 of the Act, the Government, the Commissioner or the District Collector are empowered to execute or get executed any work which is in their opinion necessary for the safety of the public.
(1) If such powers are exercised by the Commissioner, he shall forthwith report to the Government within fifteen (15) days) along with reasons specified therein, with a copy to the District Collector concerned.
(2) In case, such powers are exercised by the District Collector, he shall forthwith report to the Commissioner along with the reasons for the exercise of such powers and a copy of the report shall, at the same time, be sent to the Gram Panchayat for information.
(3) If the Government exercise such powers under sub-section (2) the reasons and circumstances, under which the action is taken shall be set out in the order, and a copy of the same shall be forwarded to the Commissioner, Panchayat Raj and the District Collector concerned.
(4) Before taking action under this Rule, due notice shall be given to the Panchayat Raj Body concerned, giving time of fifteen (15) days, to submit their opinion in the shape of resolution.
ANDHRA PRADESH GRAM PANCHAYAT, PREPARATION AND SUBMISSION OF BUDGET RULES, 2000
In exercise of the powers conferred by Section 77 read with Section 268(2)(v) and (vi) of Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) and in supersession of the orders issued in G.O. Ms. No.154, Panchayat Raj, dated the 20th February, 1965, the Governor of Andhra Pradesh hereby makes the following Rules namely:
Rule 1 Short Title
These Rules may be called Gram Panchayat, Preparation and Submission of Budget Rules, 2000.
Rule 2 Preparation of Budget
(1) The Executive Authority of every Gram Panchayat shall in each year, frame a Budget showing the probable receipts and expenditure of the Gram Panchayat during the following year.
(2) The working balance to be provided for in the Budget shall not be less than five per cent of the estimated receipts, during the year excluding those from endowments, State grants and departmental grants.
(3) The Budget of every Gram Panchayat, an extract thereof, shall be prepared in such a form, as may be specified by Government from time to time.
(4)
(a) Copies of the Budget in the language of the village shall be circulated to the members of the Gram Panchayat sufficiently in advance of the date fixed for the consideration of the Budget by the Gram Panchayat, so that the members may have a reasonable opportunity of examining the same before the said date.
(b) The Budget shall, after it has been circulated to all the members of the Gram Panchayat (a) after detailed scrutiny by the Budget Committee, if any, of the Gram Panchayat, be placed before the Gram Panchayat by its Sarpanch.
Rule 3 Sanction of Budget
(1) The Panchayat shall sanction the Budget, with such modifications, if any, as it thinks fit after satisfying itself on the following points, namely:
(a) that the estimate of receipts is exhaustive and cautious.
(b) that due provision has been made for performing the obligatory functions as detailed below:
Table
1 Establishment
30 %
Of normal income of Gram Panchayat
2 Sanitation
15 %
-do-
3 Street lighting
15 %
-do-
4 Water supply
15 %
-do-
5 Roads & drains
20 %
-do-
6 Miscellaneous
5 %
-do-
Expenditure.
Total
100 %
(c) that provision has been made for the due discharge of liabilities in respect of loans taken by the Gram Panchayat, and all other commitments.
(d) that all variations between the figures of the Budget year and those of the previous year have been adequately explained, and
(e) that the working balance is not less than the minimum prescribed in sub-rule (2) of Rule 2.
Provided that if for any reason, the Budget is not sanctioned by the Gram Panchayat before the expiration of the period allowed under the Act, the executive authority shall submit the Budget to the Divisional Panchayat Officer who shall sanction if, with such modifications, if any, as he thinks fit and forward it to the Gram Panchayats for its approval.
(2) The Budget, so sanctioned by the Gram Panchayat shall be forwarded by the executive authority to the Divisional Panchayat Officer on or before 25th December of every year.
(3) The Divisional Panchayat Officer shall make such suggestions, as he may deem fit within one month from the date of its receipt and return it to the Gram Panchayat, which shall consider the same, within one month, and approve the Budget with or without modifications at a special meeting conducted for the purpose, and the Budget, so approved at such meeting shall be final. A copy of the approved Budget shall be forwarded to the Assistant Accounts Officer, L.F. Audit Department and Extension Officer (Panchayats) and Divisional Panchayat Officer concerned.
(4)
(a) No Gram Panchayat shall incur any item of expenditure, not included in the Budget on in excess of Budget allotment.
(b) Any amount of expenditure made without budget allotment and sanction shall be surcharged on the persons responsible, severally or jointly.
(5) The sanctioning of the Budget shall not by itself be deemed to authorise the Gram Panchayat to incur all the expenditure provided for therein, and where the sanction of the Government or any other authority is required for incurring the expenditure, provision for which has been made in the Budget and such sanction has not been specifically accorded, it shall be the duty of the Gram Panchayat to obtain such sanction before the expenditure is incurred.
(6) The executive authority shall pay prompt attention to the remarks, if any, made by the Auditor in regard to expenditure as compared with the Budget allotment.
Rule 4 Allotment and Transfer
(1) Allotments made in the Budget shall lapse at the end of the year and shall not be reserved for disbursement after the end of the year, nor shall they be appropriated by transfer to deposits or any other head or departments in advance in order to avoid lapse.
(2) All expenditure during the course of a year, shall be regulated in accordance with the allotments made in the Budget for the year as sanctioned under sub-section (1) of Section 77 of the Andhra Pradesh Panchayat Raj Act, 1994, or as approved under sub-section (2) thereof and the supplement or revised Budget sanctioned under sub-section (3) thereof.
(3)
(a) Where an amount or an additional allotment under any head of account is subsequently found necessary such allotment or additional allotment shall, with the sanction of the Gram Panchayat, be made by re-appropriation from other heads, subject to the conditions that all applications for re-appropriation shall be made in form "A" appended to these Rules, and with prior permission of Divisional Panchayat Officer.
(b) The executive authority shall forwarded to the Auditor a copy of the order of the Gram Panchayat sanctioning such application within a week from the date of receipt of such order.
(4) Where it is found necessary to find additional allotments from balances of any kind or from other heads such additional allotments shall be made with the sanctions of the Gram Panchayat, subject to the following conditions namely:
(a) The working balance shall not be reduced below the minimum specified sub-rule (2) of Rule 2;
(b) The applications for additional allotments shall be made in Form "B" appended to those rules and shall be affected by the executive authority after obtaining the sanction of the Gram Panchayat in time to admit the passing of orders on the application before the end of the year; and
(c) The Executive authority shall forward to the auditor a copy of the order sanctioning such application within a week from the date of receipt of such orders.
APPENDIX A FORM A
FORM
[See Rule 4(3)(a)]
FORM A
[See Rule 4(3)(a)]
Application for allotment or additional allotment of funds by re-appropriation required by the ...................................... Gram Panchayat ...................................... Mandal ...................................... District.
(1) Particular work or purpose.
(2) Head of account in which, or name of work for which, additional allotment is required.
(3) Amount provided for the work or purpose in the Budget.
(4) Amount subsequently allotted or transferred.
(5) Amount spent upto date.
(6) Amount required to meet probable expenditure upto the end of the year.
(7) Total of items (5) and (6).
(8) Amount now required to be transferred, i.e., item (7) minus item (3) plus item (4).
(9) Reasons for exceeding the Original allotment.
(10) Head of account of source from which transfer is applied for.
(11) Anticipated saving from which funds may be allotted.
(12) Remarks.
Executive Authority of Gram Panchayat/(Special Grade Gram Panchayat) Sanctioned in...............
APPENDIX B Form B
Form
[See Rule 4(4)(b)]
Form B
[See Rule 4(4)(b)]
Application for allotment or additional allotment of funds from the balance required by the .......................... Gram Panchayat. ................................ Mandal................................ District.
(1) Particular work or purpose.
(2) Head of account in which or name of work etc., for which additional allotment is required.
(3) Amount provided for the work or purpose in the Budget.
(4) Amount subsequently allotted or transferred.
(5) Amount spent upto date.
(6) Amount required to meet probable expenditure upto the end of the year.
(7) Amount now required by transfer from the balance.
(8) Reasons for exceeding the original allotment.
(9) Amount of closing balance provided in the Budget as revised with reference to the actual opening balance of the year.
(10) Total of all allotments made from such balance including those now applied for.
(11) Net balance available.
(12) Five per cent of estimated receipts.
(13) Remarks.
Executive Authority of .................... Gram Panchayat/Special Grade Gram Panchayat Sanctioned in.....
Note :-It should be explained in remarks in item (14) how the difference between items (6) and (7) is proposed to be met.
Andhra Pradesh Panchayat Raj {(Powers and Functions of Gazetted Extension Officers) (Panchayat Raj and Rural Development) Grade-I and Extension Officers (Panchayat Raj and Rural Development)} Rules, 2001
In exercise of the powers conferred by clause (a) of sub-section (2) of Section 44 read with Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following rules, relating to the powers and functions of Gazetted Extention Officers (Panchayat Raj and Rural Development) Grade-I and Extention Officers (Panchayat Raj and Rural Development).
Rule 1 Short title
These rules may be called the Andhra Pradesh Panchayat Raj {(Powers and Functions of Gazetted Extention Officers) (Panchayat Raj and Rural Development) Grade-I and Extention Officers (Panchayat Raj and Rural Development)} Rules, 2001. The powers and Functions of Gazetted Extension Officers (Panchayat Raj and Rural Development Grade-I and Extention Officers (Panchcayat Raj and Rural Development) are as follows: POWERS:
(A) The Administrative Powers are specified below:
(1) He should review the tour Diary of Village Development Officers working in the Mandal;
(2) He should tour 20 days in a month and submit his tour Diary to the Mandal Parishad Development Officer every month;
(3) He will act as in-charge Mandal Parishad Development Officer in the absence of Mandal Parishad Development Officer under the orders of Chief Executive Officer, Zilla Parishad;
(4) He shall initiate performance reports of Village Development Officers working under the control of Mandal Parishad Development Officer;
(5) He shall exercise supervision and control and provide guidance to the Gram Panchayats and their Executive authorities in his jurisdiction;
(6) He shall inspect all non-notified Gram Panchayats in every half year, and see that defects pointed out by the Inspecting Officers are rectified by the Executive authorities, immediately within two months. He shall visit all the Gram Panchayats once in every quarter, once for inspection and once for rectification of defects, irrespective of other visits;
(7) He shall hold enquiries and submit reports to higher authorities on complaints of mal-administration in non-notified Gram Panchayats in his jurisdiction;
(8) He shall review regularly the implementation of Gram Panchayat work and progress of important schemes like Jawahar Gramina, Samruddi Yojana, Eleventh Finance Commission grants, Maintain necessary statistics about the working of Gram Panchayats including Jawahar Rozgar Yojana, Tenth Finance Commission (TFC) and other Government grants;
(9) He shall be responsible for the impelemention of all other directions and instructions issued by the higher authorities on the administration of Gram Panchayats;
(10) He shall submit reports to the Mandal Parishad Development Officer on the disqualification of members or Sarpanches of Gram Panchayats in his jurisdiction;
(11) He shall verify and prepare the list of casual vacancies of members and Sarpanches of Gram Panchayats in his jurisdiction and submit to Mandal Parishad Development Officer;
(12) He shall conduct the cursory inspection of notified Gram Panchayats in every month and submit reports, as per rules;
(13) He is the authority competent to sanction casual leave to the Executive Officers of Gram Panchayats.
(B) The Financial Powers are as specified below:-
(1) He is empowered to forward the proposals submitted by the Village Development Officers to the Mandal Parishad Development Officers after thorough scrutiny of them;
(2) He shall certify each proposal furnished by the Village Development Officers before recommending or rejecting them to the Mandal Parishad Development Officer;
(3) He shall be the Joint Signatory along with the Mandal Parishad Development Officers for the funds operated in grounding of Development Schemes;
(4) He shall extend co-operation to the Bankers in recovery of loans and also participate in Joint Mandal Level Bankers' meeting;
(5) He shall be responsible to intimate Mandal Parisahd Development Officer immediately on the occurrence of mis-utilisation of funds in different schemes implemented through Mandals;
(6) He shall guidance the Executive authorities of Gram Panchayats in the matter of preparation of annual budgets, administration reports, periodical returns, progress reports, replies to Audit reports, and execution of works;
(7) He shall assist the Gram Panchayats, wherever necessary in the matter of collection of taxes, fees and others amounts, due to the Gram Panchayats;
(8) He shall attend the auctions and sales conducted by the Gram Panchayats and authenticate the bid amounts, as per rules;
(9) He shall guide the Gram Panchayats in augmenting the resources of the Gram Panchayats to strengthen the financial position of Gram Panchayats;
(10) He should counter sign the travelling allowance bills of Sarpanches and Executive Officers of Gram Panchayats and their staff.
(C) He shall be responsible to arrange Programmes and undertaking Trainings:-
(1) He should attend all training programmes arranged at District level along with the Mandal Parishad Development Officer;
(2) He shall make efforts in publicity of scheme implemented in all Villages of that Mandal and also organise infrastructure; training and technology inputs for beneficiaries under Government Poverty Alleviation Programmes;
(3) He shall communicate latest information and technical knowledge of the implementation of Government Schemes to all Sarpanches and Mandal Parishad Territorial Constituency members;
(4) He shall feedback the views of Sarpanches on implementation of Government Schemes;
(5) He should arrange training to Sarpanches at Mandal Headquarters Bi-monthly with the Co-operation of Mandal Parishad Development Officer duly inviting District Officials of District Rural Development Authority (DRDA), Scheduled Caste (SC), Backward Caste (BC), Scheduled Tribes (ST) and Housing, etc., who are well versed with the subject for the implementation of Government Schemes effectively;
(6) He shall depute Village Development Officers for training arranged at District and Divisional level;
(7) He shall prepare plans, conduct surveys for all Government programmes;
(8) He shall motivate rural women for formulating Self Helf Groups (SHGs.);
(9) He shall plan marketing of Development of Women and Children in Rural Area (DWCRA) products.
(D) Co-ordination:
(1) He should maintain cordial relations with Mandal and District level sectorial officers for successful grounding of different schemes;
(2) He should also be in constant touch with the Bankers situated in the Mandal area;
(3) He should act as Liaison Officer between Sarpanches and Mandal Parishad Development Officer.
(E) General: He is responsible for effective communication and implementation of different public welfare Government schemes implemented through Mandal. He should be also a co-ordinator between officials and non-officials related to the Mandal activities.
ANDHRA PRADESH GRAM PANCHAYAT GENERAL POWERS AND FUNCTIONS RULES, 2000
In exercise of the powers conferred by sub-section (2) of Section 45 read with Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following Rules relating to general powers and functions of Gram Panchayats namely :
Rule 1 Short title
These Rules may be called the Andhra Pradesh Gram Panchayat General Powers and Functions Rules, 2000.
Rule 2 Definitions
In these Rules unless the context otherwise requires, "Act" means the Andhra Pradesh Panchayat Raj Act, 1994.
Rule 3 Subjects for the development of the village
After fulfilling the civic needs specified under sub-section (1) of Section 45 of the Act, the Gram Panchayat may take up any of the subjects for the development of the village, specified in Schedule I of the Act.
Rule 4 Making of availability of funds
The surplus funds shall be made available or the funds shall be accumulated through the levy of special taxes on agricultural lands intended for a specific purpose, as required under clause (ii) of sub-section (3) of Section 60 of the said Act.
Rule 5 Receipts and expenditure in the approved budget
There shall be clear provision for receipts and expenditure in the approved budget of that year.
Rule 6 Work entrusted by the Government shall not detrimental to the Gram Panchayat
The entrustment of any subject to the Gram Panchayat by the Government specified in Schedule I of the Act shall not be detrimental to the normal functioning of the Gram Panchayat.
Rule 7 Advance sanction for particular subject
If sanction of any authority is required to make expenditure on a particular subject, it shall be obtained in advance.
Rule 8 Ban for the use of special taxes
Any fees or special taxes collected shall be formed into a earmarked fund for the purpose for which it is collected and it shall not be used for any other purpose.
Rule 9 Mobilisation of public contribution and expenditure
(1) The Gram Panchayat may also mobilise public contributions on issuing miscellaneous receipt and credit to Gram Panchayat funds.
(2) The expenditure shall be made available for the development of the village, intended for public welfare.
(3) The funds shall be spent in the Gram Panchayat area only.
Rule 10 Maintenance of register to the subject specified in Schedule I
The Gram Panchayat shall maintain a Register of assets pertaining to the subjects specified in Schedule I of the Act, which are either taken up by the Gram Panchayat or entrusted by Government.
ANDHRA PRADESH PANCHAYAT RAJ (ACCOUNTS OF PRIVATE MARKETS AND ITS MAINTENANCE, AUDIT AND INSPECTION) RULES, 2000
In exercise of the powers conferred by clause (xxiii) of Section 268 read with Sections 105 and 106 of Andhra Pradesh Panchayat Raj Act, 1994, the Governor of Andhra Pradesh hereby makes the following Rules relating to the Accounts of Private Market and its Maintenance, Audit and Inspection of such accounts.
Rule 1
These Rules may be called the Andhra Pradesh Panchayat Raj (Accounts of Private Markets and its Maintenance, Audit and Inspection) Rules, 2000.
Rule 2 Issue of tickets for Collector
(1) The owners, occupiers of private market shall issue tickets for collection made daily for use of such marets and receitps for collections made periodically.
(2) The receipts books and ticket books shall be printed in Forms I and II respectively given in Appendix to these Rules.
Rule 3 Display of rates to be charged
(1) The rates to be charged from the vendors, commission agents, brokers and those who bring animals for sale into the market shall be boldly displayed at a conspicuous place of the market at the main entrance in Telugu or Urdu language.
(2) The ticket books shall be printed separately for each rate of fees charged in Telugu or Urdu.
Rule 4 Production of complete accounts to the Executive Authority
The owners, occupiers or farmers of the markets shall keep true and complete accounts of the receipts from the markets and expenditure incurred on their maintenance and shall produce them whenever required for inspection, check or audit by the Executive Authority or such other person as may be authorised by him on his behalf.
Rule 5 Maintenance of register of collections and disbursements
A register of collections and disbursements shall be maintained in Form III respectively given in the Appendix to these Rules. The registers, tickets and receipt books shall be checked by the Executive Authority or such other person as may be authorised by him, not less than once in every month and such remarks as are called for, recorded therein. If the accounts have been found to be correct a certificate to that effect shall be recorded in the said registers.
Rule 6 Renewal of licence
A statement showing the receipts and charges relating to the markets for the previous year (or for the period of full twelve months preceding the date of application of licence) shall accompany every application of renewal of licence to keep open the market. The Executive Authority shall, before renewing the licence check the statement with the books of the owner occupier of the market.
Rule 7 Inspection by the auditors and their duties
(1) The auditors appointed under Section 266 of the Act shall be competent to inspect the accounts maintained by the management of private markets, including its receipts and expenditure and certify about the correctness of the dues fixed (basing on the percentage of gross revenues) and the timely payment of instalments, and penalties leviable in terms of lease agreement.
(2) The persons managing the private markets shall be bound to produce the records and answer all questions raised by the auditors. The audit of the accounts derived to be audit under Section 6 of the State Audit Act, 1989.
(3) The auditors shall bring to the notice of the Executive Authority and Gram Panchayat any material fact relating to dues recoverable and the Gram Panchayat shall be bound to take action as suggested in the audit report in consultation with the Extension Officer (Pts.), when expenditure is shown towards daily maintenance of the markets, it is the duty of the management to keep the environment neat and clean.
APPENDIX 1 APPENDIX
Form 1 Receipt Book
FORM
(See Rule 2)
FORM I
Receipt Book
(See Rule 2)
Counter foil ................... Outer foil .......... Market .............. received from Sri ................ rent for room/a hall No. ............... the sum of Rs. ................. for ................. 19...... rent for room/stall No. ................ in ..................... Rs. ............ Ps. ...... the market for .................. received on ................. 19 ..........
19 ........... Rs. .......... Ps. ......
Bill Collector Received on .............
Bill Collector.
Bill Collector.
Form 2 Ticket Book
FORM
(See Rule 2)
FORM II
Ticket Book (See Rule 2)
Counter foil ................ Outer foil .............
S.No. ........... Ticket     S.No. ........... Ticket,
Market per day Market
(Here enter rate) (Here enter rate)
Form 3 Collection by Tickets
FORM
(See Rule 2)
FORM III
(See Rule 2)
Collection by Tickets
Stock on hand Issues Balance Other receipts Date Value Sl.Nos.From - To Number Sl. Nos.From - To Number Amount collected Sl. Nos.From - To Number Rents Total collection for each day Remarks Number of receipts Amount Receipt Number Amount (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15)
RULES RELATING TO FORM AND CONTENT OF LICENCES - NOTICES AND PERMISSIONS ETC., IN THE GRAM PANCHAYATS UNDER ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
In exercise of the powers conferred by Clause (XV) of sub-section (2) of Section 268 read with Section 123 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) and in supersession of the rules issued in G.O. Ms. No.235, Panchayat Raj, dated the 5th March, 1965, the Governor of Andhra Pradesh hereby makes the following rules relating to form and contents of Licences, Notices and Permissions etc.
Rule 1
All licences, Notices, permissions given, issued or granted, as the case may be, under the provisions of this Act, shall be in writing.
Rule 2
Every licence, permission, notice, bill, summons or other document which is required by this Act, or by any rule, bye-law or regulation made under it shall bear the signature of the Executive Authority or of any officer of a Gram Panchayat and shall be deemed to be properly signed if it bears facsimile of the signature of the Executive Authority or of such Officer, as the case may be, stamped, thereon.
Rule 3
Nothing in Rule 2 above shall be deemed to apply to a cheque drawn upon a Gram Panchayat fund or to any deed or contract entered into by the Gram Panchayat.
Rule 4
Every order granting licences or permissions shall be published on the notice board of the Gram Panchayat.
Rule 5
When any notice is required by Act, or by any rule, bye-law, regulation or order made thereunder, to be served on or sent to any person, the service or sending thereof may be effected;
(i) by giving or tendering the said notice to such person; or
(ii) if such person is not found, by leaving such notice at his last known place of abode or business, or by giving or tendering the same to some adult member or servant of his family; or
(iii) if such person does not reside in the village and his address elsewhere is known to the executive authority, by sending the same to him by registered post; or
(iv) if none of the means aforesaid be practicable by fixing the same in some conspicuous part of such last known place of abode or business.
Rule 6
When the person is an owner or occupier of any building or land it shall not be necessary to name the owner or occupier in the notice and in the case of joint owners or occupiers it shall be sufficient to serve it on or send it to, one of such owners or occupiers.
RULES RELATING TO POWERS OF ENTRY AND INSPECTION
In exercise of the Powers conferred by sub-section (1) of Section 268 read with sub-section (1) of Section 132 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to Powers of Entry and Inspection.
Rule 1
The executive authority or any person authorised by him shall not enter a dwelling house, or any part of a public building used as a dwelling place without the consent of the occupier thereof, unless the said occupier is given atleast six hours previous notice of the intention to make such entry.
Rule 2
Sufficient notice shall be given by the executive authority or any person authorised by him, in every case to enable the inmates of any apartment appropriated to women to move to some part of the premises where their privacy may be preserved.
Rule 3
Due regard shall be paid by the executive authority or any person authorised by him, so far as may be compatible with the exigencies of the purpose of the entry to the social and religious usages of the occupants of the premises.
RULES RELATING TO DELEGATION OF FUNCTIONS OF EXECUTIVE OFFICERS
In exercise of the powers conferred by sub-section (1) of Section 268 read with Section 35 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules, relating to delegation of functions of Executive Officer.
Rule 1
Whenever delegation is made by the Executive Officer, it may, if necessary, be supplemented by any instructions required for the disposal of work.
Rule 2
Every order of delegation made under these rules, together with the supplementary instructions, if any, shall be intimated forthwith to the Gram Panchayat and the Divisional Panchayat Officer concerned.
RULES REGARDING GRANT OF PATTADARI RIGHTS IN NON KHALSA VILLAGE
In exercise of the powers conferred by clauses (d) and (m) of sub section (2) of Section 172 of the A.p. (Telangana Area) land Revenue Act the Government is pleased to make the following rules which shall come into force from the date of their publication in the Gazette:
Rule 1
In these Rules the expressions "Jagir, "Jagirdar", "holder", "pattadar", "land", "revenue" and "to cultivate personally" shall have the same meaning as has been assigned to them in the Land Revenue Act and the expressions "Tahsildar i Jagir" and "Taluqdar i Jagir", Umra i Paigah" and "Umra i Uzzam" shall have the meaning assigned to them in the Jagirs Revenue Recovery Regulation.
Rule 2
From the date of the coming into force of these rules all persons who hold Jagir land and pay revenue direct to the Jagirdars shall, in all Jagirs, whether settled or unsettled, for all purposes be deemed to be pattadars of the land held by them notwithstanding and oral or written agreement between the Jagirdar and such persons or any entry in the concerned village records to the contrary, and their rights and liabilities shall be the same as those of the Pattadars of Khalsa lands.
Rule 3
The authority mentioned in Rule 10 shall be responsible for recording the names of the holders of land mentioned in rule (2) as pattadars in the concerned village records and give written intimation thereof to such persons within 3 months from the date of the coming into force of these rules.
Rule 4
The name of the Jagirdar or his Hissaedar or relation shall not be recorded in the concerned village records as pattadar of any Jagir land except land personally cultivated by him any pattas existing in the concerned village records in contravention of these rules shall be cancelled and recorded in the name of the person who has actually held the land.
Rule 5
If any person claims that he held Jagir land and paid revenue direct to the Jagirdar but that he was evicted by the Jagirdar on or after the 1st Azur 1348F., the patta of the land shall be granted in his name if his claim is proved to the satisfaction of the Collector and he shall be entitled to obtain the possession of such land.
Rule 6
If any person who holds Jagir land paying land revenue direct to the Jagirdar dies, his lawful heir shall have the same rights in the land as he had, and the patta shall be recorded in his name.
Rule 7
Cases of succession of patta and transfer of patta by pattadars in Jagirs shall be sanctioned in accordance with the procedure followed in the Khalsa area.
Rule 8
Unoccupied land, land relinquished by the holder or land lying follow on account of holders having absconded or died without leaving any heir shall be raised on Laoni in accordance with the Laoni rules in force in the Khalsa area.
Rule 9
When survey settlement is introduced in any Jagir, the Jagirdar and Jagir Officers shall furnish to the Survey Officer a correct Wasulbaqi of the lands in accordance with the above rules. If the Survey Officer finds that any entry in the wasulbaqi is not in accordance with these rules he shall report the matter to Government in the Revenue Department through the Settlement Commissioner for such action as it may deem necessary.
Rule 10
For the purposes of these rules, in Jagirs which employ officers of the rank of Tahsildar i jagir and Taluqdar i jagir under the Jagirs Revenue Recovery Regulation of 1355F., the Taluqdar i jagir shall be competent to decide all questions of patta rights and an appeal shall lie from his decision to the Jagirdar, provided he is competent to exercise powers of revenue recovery under the said Regulation. The decision of the Jagirdar in case an appeal is preferred to him and the decision of the Taluqdar i jagir in case no appeal is preferred, shall be final. In jagirs where officers of the rank of Tahsildar i jagir and Taluqdar i jagir have not been employed, the jagirdar, provided he is competent to exercise powers of revenue recovery under the said Regulation and if he is not so competent, the Diwani Taluqdar in the territorial limits of whose jurisdiction the jagir is situated shall be competent to decide such cases and the decision of the Jagirdar or the Diwani Taluqdar, as the case may be, shall be final.
Rule 11
The Jagirdar and the Jagir Officer shall be bound to give suspensions and remissions of land revenue in accordance with the orders of Government issued from time to time.
Rule 12
The Government in the Revenue Department shall exercise revisional powers in respect of all matters covered by these rules in accordance with the provisions of section 10 of the Jagirs Revenue Recovery Regulation.
Rule 13
The Jagirdars and Jagir Officers who have been authorised to exercise powers under these rules shall be deemed to be Revenue Officers within the meaning of clause (d) of sub section (2) of Section 172 of the Land Revenue Act.
Rule 14
If any of the provisions of these rules are not complied with in any Jagir, the Government in the Revenue Department may, subject to the exception mentioned in this Rule, withdraw the powers exercisable under these rules and in the case of such withdrawal the Diwani Taluqdar in whose jurisdiction the Jagir exists shall exercise such powers subject to such instructions as may be given to him by the Government from time to time. If the conditions in a Jagir so require, the Government may take the Jagir in its supervision.
Rule 15
All previous orders which are not consistent with these rules are hereby repealed.
ANDHRA PRADESH PANCHAYAT RAJ (PROHIBITION OR REGULARISATION OF THE USE OF PLACES FOR SLAUGHTERING ANIMALS AND THE LICENCING OF SLAUGHTERS) RULES, 2000
In exercise of the powers conferred by Section 118 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), and in supersession of the rules issued in G.O. Ms. No.179, Panchayat Raj, dated 24-2-1965, the Governor of Andhra Pradesh hereby makes the following rules relating to prohibition or regularisation of the use of places for slaughtering animals and the licencing of slaughters.
Rule 1 Short title
These rules may be called the Andhra Pradesh Panchayat Raj (Prohibition or Regularisation of the use of Places for Slaughtering Animals and the Licencing of Slaughters) Rules, 2000.
Rule 2 Permission to slaughter
No person shall, without the written permission of the Executive Authority or otherwise than in confirmity with such written permission, slaughter cut or skin, or permit to be slaughted cut up or skinned any cattle, horse, sheep, goat, pig or any other animal or bird in any place in the village other than in a public slaughter house, if any :
Provided by the Gram Panchayat :
Provided that the Executive Authority may allow any animal to be slaughtered in such places other than temples or their precincts within the village as he thinks fit on the occasion of festivals and ceremonies or as a special case; Provided further that nothing contained in this rule shall be construed to prohibit the slaughter of animals for private use but not for sale.
Rule 3 Licence for slaughter
No person shall, without a licence from the Executive Authority or otherwise than in confirmity with such licence, slaughter or permit to be slaughtered within the village any cattle house, sheep, goat or pig for purposes of sale to the public:
Provided that the Executive Authority may authorise any person to slaughter without a licence or without the payment of any fee, any animal for the purpose of a religious ceremony in a place other than a temple or its precincts.
Rule 4 Exemption of a slaughter houses
The rules shall not be applicable to the slaughter houses established by the Central Government or the State Government.
Rule 5 Appointment of Veterinary Assistant Health Inspector and payment of his fees
It shall be the duty of Gram Panchayat to see that all animals slaughtered at the public slaughter house provided by it are certified at the time of slaughter, as free from contageous diseases, by a qualified Veterinary Assistant Surgeon, or Health Inspector who is either employed by itself to superintend the slaughter houses or employed in a Government Veterinary Institution near its jurisdiction and whose services are requisitioned by it for the purpose. It shall also be the duty of the Veterinary Assistant Surgeon or Health Inspector so employed to examine the animals slaughtered and to certify as to the assessment and their fitness for human consumption. A Gram Panchayat which employes a qualified Veterinary Assistant Surgeon for the aforesaid purpose shall without any sanction pay to the Veterinary Surgeon so employed, a remuneration at a rate not exceeding that which is fixed by the State Government from time to time, in this behalf :
Provided that if the Gram Panchayat is unable to secure the services of a qualified Veterinary Assistant Surgeon or to pay for such services, the Sanitary Inspector of the Gram Panchayat shall at the time of slaughter certify all animals slaughtered at the public slaughter houses provided by the Gram Panchayat as free from the contagious diseases and shall also examine the animals slaughtered and certify as to the assessment and their fitness for human consumption.
Rule 6 Operation of Act xxxii of 1950
Nothing contained in these rules shall affect the operation of the provisions of the Andhra Pradesh Animals and Birds Sacrifies Prohibition Act, 1960 (Act xxxii of 1950).
RULES RELATING TO PUBLIC HALTING PLACES, CART-STANDS ETC., IN THE GRAM PANCHAYAT AREAS
In exercise of the powers conferred under sub-section (1) of Section 268 read with section 115 (a) of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to public halting places, Cart stands etc. Rules relating to public halting places, cart stands etc.
Rule 1
(1) When a Gram Panchayat proposes to provide a public halting place or cart-stand, it shall submit an application to the District Collector - The application shall contain:-
(a) The survey number extent and classification of the land in which the Gram Panchayat proposes to prove the halting place or cart-stand and shall be accompanied by a sketch indicating the position of the lands with reference to the important roads and other lands in the neighbourhood, and
(b) any other particulars which the District Collector may specifically re.
(2) Before according sanction, the District Collector shall consult the Regional Transport Authority concerned in the case of places intended solely or partly for motor vehicles, and shall have due regard to its opinion.
Rule 2
(1) A public road or any of the sides thereof shall not ordinarily be declared as a public halting place or cart-stand. Provided that the special cases, the District Collector may in consultation with the authority in whom the road is vested permit a Gram Panchayat to provide a halting place or cart-stand on such public road or side thereof, if in his opinion there is sufficient space available for road purposes, after making such provision.
(2) No Gram Panchayat shall declare the entire village to be a public halting place or cart-stand and levy fees for their use.
Rule 3
Where a Gram Panchayat at has provided a public halting place or cart-stand, it may prohibit the use for the same purpose by any person, within half a kilometer thereof, of any public place for the sides of any public roads;
Provided that nothing contained in this rule shall apply to any motor vehicle which is not a stage carriage within the meaning of the Motor Vehicles Act, 1939.
Rule 4
(1) When a Gram Panchayat provides a public halting place or cart-stand, it shall publish the fact in the village and in the District Gazette concerned with information as to the place where it is provided and the rates of fees payable for its use. A notice specifying the rates prescribed by the Gram Panchayat, the name of the person authorised to collect fees therein, and the prohibited distance shall be put up on a notice board in a conspicuous place in such public halting place or cart-stand.
(2) The Gram Panchayat may also auction the public halting places or cart-stands or the like to any private person and authorise him to collect the fees as may be fixed by the Gram Panchayat the rates of which shall not exceed as specified in Rule 5.
Rule 5
Fees for the use of a public halting place or cart-stand shall be levelled at the rates not exceeding as specified below:
RULES FOR THE CONDUCT OF BUSINESS AT A MEETING OF MANDAL PARISHAD, ZILLA PARISHAD OR A STANDING COMMITTEE OF A ZILLA PARISHAD
In exercise of the powers conferred by sub section (1) of Section 268 read with Section 160, 187 and 190 of the A.P. Panchayati Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules for the conduct of business at a meeting of Mandal Parishad, Zilla Parishad or a Standing Committee of a Zilla Parishad constituted under the said Act, namely
PART 1 Preliminary
Rule 1 In these rules unless the context otherwise requires
(i) "Act" means the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994);
(ii) "Section" means a Section of the Act; and
(iii) Words and expressions used but not defined in these, rules shall have the respective meanings assigned to them in the Act.
PART 2 Mandal Parishads and Zilla Parishads
PART
GENERAL
ORDER OF THE DAY
DECORUM
CLOSURE
BREACHES OF ORDER
PUTTING THE QUESTIONS
QUESTIONS
RESOLUTIONS
URGENT RESOLUTIONS
Rule 2
(1) A meeting of every Mandal Parishad Zilla Parishad shall be convened once in every month for the transaction of business upon such dates and at such times as it may arrange and also at other times as often as the meeting is called by the President of the Mandal Parishad Chairman of the Zilla Parishad.
(2) The Mandal Parishad Development Officer Chief Executive Officer shall, with the approval or on the direction of the President Chairman concerned, convene the meetings of the Mandal Parishad Zilla Parishad as above.
Provided that where the President Chairman fails to give his approval for convening the meeting within a period of 90 days from the last meeting the Mandal Parishad Development Officer Chief Executive Officer may himself convene the meeting after issuing notices to the members and permanent invitees immediately in respect of the meetings to be held and also inform the President Chairman in the matter immediately.
Provided further that if any Mandal Parishad Development Officer Chief Executive Officer fails to convene the meeting within a period of 90 days from the last meeting, he shall be liable for disciplinary action under the relevant rules.
Rule 3
No meeting shall ordinarily be held on any day during the period when the State Legislative Assembly or either House of Parliament is in session. However, a meeting may be convened on a holiday, if the State Legislative Assembly or either House of Parliament is in session.
Rule 4
(1) No meeting shall be held unless notice of the place, date and time of the meeting and of the business to the transacted thereat, is given at least six clear days before the date of the meeting. The meetings of the Mandal Parishads, Zilla Parishads and Standing Committees of the Zilla Parishads shall be held in their respective Head Quarters offices only.
(2) In case of urgency, the President Chairman may convene a meeting giving at least two days notice.
Rule 5
The agenda for the meeting, with notes on each item along with the issues that require consideration shall, as far as possible, be prepared in Telugu by the Mandal Parishad Development Officer Chief Executive Officer in consultation with the President Chairman. The Mandal Parishad Development Officer Chief Executive Officer may include in the agenda any subject which in his opinion should be considered by the Mandal Parishad Zilla Parishad and shall include therein subject specified by the President Chairman.
Rule 6
(1) The President Chairman shall, on receipt of a requisition in writing signed by not less than one third of the members then on the Mandal Parishad Zilla Parishad specifying the resolution, which is proposed to be moved by all for a special meeting.
(2) The draft notice of the meeting called by the members signing the requisition shall be signed by such members and the notices of that meeting addressed to individual member shall be authenticated by the Mandal Parishad Development Officer.
(3) If, the President Chairman fails within three days from the delivery of such requisition to call a meeting on the day specified therein, meeting may be called by the members signing the requisition subject to the provisions of Rule 7.
Rule 7
(1) No special meeting shall be held unless at least seven clear days notice specifying the purpose for which such meeting is to be held and the place, the date and time thereof has been given by separate communication addressed to each member.
(2) A properly convened meeting of a Mandal Parishad or Zilla Parishad shall not be postponed to a later date except on a written request signed by not less than one half of the total number of members than on the Mandal Parishad or Zilla Parishad.
Rule 8
Every meeting shall be presided over by the President Chairman and in his absence by the Vice President, Vice Chairman and in the absence of both the President and the Vice President the Chairman and the Vice Chairman, by a member chosen by the members present at the meeting.
Rule 9
Whenever the President Chairman finds it necessary to temporarily leave the chair, he may call on the Vice President Vice Chairman or in the latter s absence some other member to preside.
Rule 10
If the Offices of the President and the Vice President the Chairman and the Vice Chairman are vacant, the duties assigned to the President Chairman under rules 4 and 5 of these rules shall be performed by the Mandal Parishad Development Officer Chief Executive Officer.
Rule 11
All the meetings of Mandal Parishads Zilla Parishads shall be open to the public.
Provided that the presiding member and in the case of a meeting for the consideration of a motion expressing want of confidence convened under Section 245 of the Act, the District Collector in the case of Zilla Parishad or any Officer authorised by him to preside over the meeting of Mandal Parishad as the case may be, may in any particular case direct that the public generally or any particular person shall withdraw.
Rule 12
In the case of any resolution not carried unanimously, the names of the members who vote for and against shall be recorded.
Rule 13 Quorum
No business shall be transacted at a meeting of the Mandal Parishad Zilla Parishad unless there be present atleast one third of the number of members then on the Mandal Parishad Zilla Parishad.
Rule 14
(1) If, within half an hour after the time appointed for a meeting, there is no quorum, the meeting shall stand adjourned to a later hour on the same day or to the same time on the following day, as may be specified by the Presiding Member.
(2) Adjournment for want of quorum: If at any time it is brought to the notice of the Presiding Member that there is no quorum, the Presiding Member may, then ring a quorum bell and if after an interval of not less that 15 minutes quorum is not constituted, the Presiding Member shall adjourn the meeting to a later hour on the same day or a time on the next day to be specified by him.
(3) If there is no quorum in the adjourned meeting a fresh meeting may be convened following the procedure prescribed in Rule (4).
Rule 15
No resolution of a Mandal Parishad Zilla Parishad shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of Mandal Parishad Zilla Parishad supported by not less than one half of the number of members then on the Mandal Parishad Zilla Parishads.
Rule 16
(1) The proceedings of the meeting of the Mandal Parishad Zilla Parishad shall be in Telugu as far as possible.
(2)
(i) The minutes of the proceedings of every meeting of Mandal Parishad shall be drawn up and entered in a book to be kept for the purpose and shall be signed by the Presiding Member after each meeting.
(ii) The minutes of the proceedings of every meeting of Zilla Parishad shall be drawn up and entered in a book to be kept for the purpose and shall be signed by the Presiding Member after each meeting.
(iii) The minutes of the proceedings of every Standing Committee shall be drawn up and entered in a book maintained separately for each Standing Committee meeting for the purpose and shall be signed by the Presiding Member after each meeting.
(3) The minutes of the proceedings of every meeting shall contain a record of the following, among other matters:
(i) Names of Members who stage a walk out at any time during the meeting;
(ii) If a member who attends the meeting later or leaves the meeting early, as the case may be, wishes that the time of his arrival or departure maybe recorded, he shall announce to the Presiding Member and the Mandal Parishad Development Officer Chief Executive Officer shall, accordingly, comply with it. The Mandal Parishad Development Officer Chief Executive Officer shall, in all such cases, note the item on the agenda which is being discussed at the time of such late arrival or early depature of any member.
(4) The permanent invitees to the meetings of the Mandal Parishad Zilla Parishad, as provided in the Act, shall be entitled to participate in the meetings of the Mandal Parishad General Body of the Zilla Parishad without right to vote.
(5) The Mandal Parishad Development Officer Chief Executive Officer shall forward a copy of minutes of the proceedings of each meeting of the Mandal Parishad Zilla Parishad to the Commissioner, Panchayat Raj within 7 days of each meeting.
(6) Any member present at a meeting and wishing to submit his minute of dissent shall do so in respect of the proceeding immediately after conclusion of discussion on the subject. The minute of the dissent shall form part of the proceedings of the meeting.
(7) Where a decision taken in matters connected with law, procedure, standing orders of the Government and the like is not in consonance of the advice rendered at the meeting by the Mandal Parishad Development Officer Chief Executive Officer, a record of the advice rendered by him shall form part of the proceedings.
Rule 17
A member, while speaking, shall not
(1) comment on any matter on which a judicial decision is pending;
(2) Make a personal charge against a member or an official.
(3) Use offensive language about the conduct or proceedings of the Parliament or of the Legislature of any State or of any Zilla Parishad or Mandal Parishad.
(4) utter defamatory words; or
(5) use his right of speech for the purpose of obstructing the business of the Mandal Parishad Zilla Parishad.
Rule 18
A member who has once addressed the meeting on a motion shall not subsequently move or second an amendment thereto or otherwise take part in the debate.
Rule 19
No member shall speak on a motion after it has been put to vote by the presiding member.
Rule 20
No member may speak more than once on a motion except the mover who has the right of reply. After the mover s reply, no member shall speak on the motion. If the mover of a motion speaks on an amendment thereto, he loses his right of reply.
Rule 21
No speech, except with the permission of the Presiding Member, shall exceed five minutes in duration:
Provided that the mover of a resolution in moving the same may speak for ten minutes.
Rule 22
(1) No member shall vote on, or take part in, the discussion of any subject coming up for consideration at a meeting of the Mandal Parishad Zilla Parishad, if the subject is one in which apart from its general application to the public, he has any direct or indirect pecuniary interest by himself or as partner of a firm.
(2) The Presiding Member may prohibit any member from voting, and, or taking part in, the discussion of any subject in which he believes such member to have pecuniary interest, or he may require such member to absent himself during the discussions.
(3) Such member may challenge the decision of the Presiding Member, who shall there upon put the question to the meeting. The decision of the meeting shall be final.
(4) If the Presiding Member is believed by any member present at the meeting to have any such peuniary interest in any subject under discussion, the Presiding Member, may if a motion to that effect is carried, be required to absent himself from the meeting during such discussion.
(5) The member concerned shall not be entitled to vote on the question referred to in sub rule (3) and the presiding member shall not be entitled to vote on the motion referred to in sub rule (4).
Rule 23
A list of business for the day shall be prepared by the presiding member in the following order:
(1) Interpellations and questions.
(2) Papers to be laid on the table of the Mandal Parishad Zilla Parishad for the first time (no discussion shall be allowed on these papers on that day).
(3) Election of members to the Standing Committee in the case of Zilla Parishad.
(4) Matters relating to urgent official business brought forward by the presiding member.
(5) Any motion regarding change of order of business.
(6) Proceedings of Standing Committees of Zilla Parishads.
(7) Resolutions.
(8) Other official business.
Rule 24
The members shall sit in such order as the Presiding Member may appoint. The members shall speak only from their places.
Rule 25
A member desiring to speak on any matter before the Mandal Parishad Zilla Parishad shall rise from his place, but shall not speak before the Presiding Member calls the name of the speaker, when he shall address the Presiding Member. If two or more members rise simultaneously to speak, the presiding member shall call the member who first caught his eye to speak first. The other member or members shall immediately resume their seats. At any time the Presiding Member rises in his seat, any member speaking shall resume his seat.
Rule 26
When a member is called to order to sit by the Presiding Member such member shall immediately sit down.
Rule 27
(1) No business, not included in the list of business for the day shall be transacted at any sitting and without the leave of the Presiding Member and of the Mandal Parishad Zilla Parishad, except in the form of a motion.
(2)
(i) Not more than one such motion shall be made at any one sitting.
(ii) Not more than one matter shall be discussed on the same motion and the motion shall be restricted to a specific matter of recent occurrence.
(iii) The motion shall not raise discussion on a matter which has been discussed at a meeting of the Mandal Parishad Zilla Parishad during the previous three months.
(iv) The motion shall not anticipate a matter which has been previously appointed for consideration or with reference to which a notice of motion has been previously given.
(v) The motion shall not deal with a matter on which a resolution could not be moved.
Rule 28
Leave to make such a motion must be asked for after questions of the ordinary meetings; and at other meetings before the business for the day is entered upon.
Rule 29
The members making such a motion shall hand over to the Presiding Member a written statement containing the motion before the meeting commences but he shall not speak thereon.
Rule 30
The Presiding Member if he is of opinion that the motion is in order shall read the same to the Mandal Parishad Zilla Parishad and ask the Mandal Parishad Zilla Parishad if it gives leave. If majority of the members present and voting signify their assent the Presiding Member shall announce that the motion will be taken up in that meeting.
Rule 31
The debate on such motion shall automatically terminate that day after which no question can be put.
Rule 32
Any member may move resolution relating to matter concerning the administration of the Mandal Parishad Zilla Parishad.
Rule 33
(1) The presiding member shall decide on the admissibility of a resolution and shall disallow any resolution which in his opinion contravenes the provisions of the Act or the rules made thereunder and his decision shall be final subject to the provisions of a Section 246.
(2) If the resolution relates to a matter unconnected with the administration of the Mandal Parishad Zilla Parishad and if the Presiding Member is of the opinion that it may lead to an unseemly controversy he may disallow the resolution.
Rule 34
Every resolution shall be clearly and precisely expressed and shall raise a definite issue.
Rule 35
Resolutions shall not contain arguments, inference, ironical expressions or defamatory statements, nor shall they refer to the conduct or character of persons except in their official or public capacity.
Rule 36
Resolution shall be of an affirmative character.
Rule 37
Notice of resolution shall be in writing and signed by the mover.
Rule 38
A member who wishes to move a resolution shall give atleast eight clear days notice of his intention and shall together with the notice submit a copy of the resolution which he wishes to move, but the Presiding Member may allow, for reasons to be stated by him, a resolution to be entered on the list of business with shorter notice then eight days.
Rule 39
The relative precedence of resolutions given notices of by members for being moved of meaning of the Mandal Parishad Zilla Parishad shall be determined by ballot, if necessary.
Rule 40
No member shall be entitled to ballot for more than one resolution at a time.
Rule 41
Resolution be allotted but not reached or disposed of shall lapse.
Rule 42
A member shall be at liberty to give fresh notice in respect of resolutions which have lapsed.
Rule 43
Not more than ten resolutions according to the order of priority determined by ballot shall ordinarily be set down for every meeting.
Rule 44
A member in whose name a resolution appears on the list of business shall, when called on either
(1) move the resolution, or
(2) withdraw the resolution, in which case he shall confine himself to a mere statement to that effect.
Rule 45
If the member when called on is absent, the resolution standing in his name shall be considered to have been withdrawn.
Rule 46
Every resolution which has been moved shall be seconded, otherwise, it shall not be discussed, nor shall any question be put on it.
Rule 47
The discussions on a resolution shall be strictly limited to the subject of the resolution.
Rule 48
When any resolution involving several points has been discussed it shall be in the discretion of the Presiding Member to divide the resolution, and put each or any point to vote separately as he may think fit.
Rule 49
Routine resolutions, namely, regarding periodical statements and proceedings of the Standing Committees and the like, may be put to the meeting by the Presiding Member without their having been moved or seconded.
Rule 50
The Presiding Member has the same right of moving or seconding or speaking on a resolution or motion as any other member.
Rule 51
Notice of a question shall be given at least fifteen clear days before the sitting of the Mandal Parishad Zilla Parishad at which it is to be asked, and a copy of the question shall be submitted with the notice.
Provided that the Presiding Member may allow a question to be asked with shorter notice than fifteen days, or may extend the time for answering a question. The Mandal Parishad Development Officer Chief Executive Officer or any other officer concerned with the subject with the permission of the Presiding Member may answer interpellations and supplementary questions thereon.
Rule 52
A question maybe asked for the purpose of obtaining information on any matter pertaining to the administration of the Mandal Parishad Zilla Parishad.
Rule 53
In order that a question may be admissible, it shall satisfy the following conditions:
(1) It shall not contain any name or statement not strictly necessary to make the question intelligible.
(2) If a question contains a statement, the member asking shall make himself responsible for the accuracy of the statement.
(3) It shall not contain arguments, inferences, ironical expressions or defamatory statements.
(4) It shall not ask for the expression of opinion or the solution or an abstract or of a hypothetical proposition.
(5) It shall not ask about the character or conduct of any person except in his official or public capacity.
(6) It shall not pertain to the individual grievances or complaints of members of the Mandal Parishad Zilla Parishad or of the employees of the Mandal Parishad Zilla Parishad or Government.
(7) It shall not be of excessive length.
(8) A question once fully answered shall not be asked again.
Rule 54
The Presiding Member, may, within the period of notice, disallow any question or any part of question on the ground that it relates to a matter which is not primarily the concern of the Mandal Parishad Zilla Parishad and if he does so, the question or part of the question shall not be placed on the list of questions.
Rule 55
The Presiding Member shall decide on the admissibility of question and may disallow any question when, in his opinion, it is an abuse of the right of questioning or is in contravention of these rules or on the ground that it cannot be answered in the public interest.
Rule 56
(1) The questions which have not been disallowed shall be entered in the list of questions for the day, and shall be called if the time made available for questions permits, in the order in which they stand in the list, before any other business is entered upon at the meeting.
(2) If a question stands in the name of more than one member, the Presiding Member may permit any one of such members present to ask the question. If none of the members who put the question is present, the question shall not be taken up.
Rule 57
The first thirty minutes of every ordinary meeting shall be, available for the asking and answering of questions.
Rule 58
Interpellations received at a particular meeting shall be disposed of in the same meeting and shall not be adjourned for the next or subsequent meetings.
Rule 59
Any member may, at any time, raise a point of order for the decision of the presiding member but in doing so, shall confine himself solely to stating the point.
Rule 60
After the debate on a question is concluded, the presiding member shall put the question to vote.
Rule 61
When a question is put to vote the presiding member shall call for a show of hands, and he shall count the hands shown for or against, and declare the result.
Rule 62
All questions which may come before the Mandal Parishad Zilla Parishad at any meeting shall be decided by a majority of the members present and voting at the meeting, and in every case of equality of votes, the presiding member shall have and exercise a second or casting vote.
Rule 63
An item of business may be passed over if no motion is proposed in reference thereto.
Rule 64
A member is guilty of breach of order, who
(1) uses objectionable or offensive words and refuses to withdraw them or offer any apology.
(2) Wilfully disturbs the peaceful and orderly conduct of the meeting;
(3) refuses to obey any order from the Chair; or
(4) does not resume his seat when the Presiding Member rises in his chair or when he is called upon to do so by the Presiding Member.
Rule 65
Any member may take objection to any offensive words.
Rule 66
A member may move a motion if he considers the words used by the other member are offensive, to declare it as offensive. If the motion is agreed, the Presiding Member shall direct the member who used them to withdraw the words.
Rule 67
Objections to offensive words shall be taken when the words are used and not after another member has begun to speak.
Rule 68
If the Presiding Member declares that the words used by a member are offensive and if the member does not withdraw the same after a direction has been given under rule 66 he shall be guilty of breach of order.
Rule 69
The Presiding Member, after having called the attention of the Mandal Parishad Zilla Parishad to the conduct of member who persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his speach.
Rule 70
The Presiding Member may direct any member, whose conduct, is in his opinion, is grossly disorderly, to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and assent himself during the remainder of the day s meeting. If any member is so, directed by the Presiding Member for a second time, he may further order that the member shall be absent from meetings of the Mandal Parishad Zilla Parishad for a certain period not exceeding four months provided that such absence shall not be ground for purposes of disqualification.
Rule 71
The President Chairman may, in case of grave disorder arising in the meeting of the Mandal Parishad Zilla Parishad, suspend any sitting for a time to be named by him.
Rule 72
At any time after a motion has been made and at the end of a speech, any member may move "that the question be now put" and unless it appears to the Presiding Member that such motion is an abuse of the rules of the, Mandal Parishad Zilla Parishad or an infringement of the right reasonable debate, the question "that the question be now put" shall be put forthwith and decided without amendment or debate. Should the motion be carried, the Presiding Member shall take the consensus of the meeting whether the mover be allowed to reply. If the mover is so allowed he shall bring his reply to a close, within five minutes. After that or should the reply by the mover be not allowed, the motion or amendment or amendments under the debate shall be at once put to vote.
PART 3 STANDING COMMITTEES OF ZILLA PARISHADS
Rule 73
Each Standing Committee shall meet at least once in two months at the Zilla Parishad Office on such date and time as the Chairperson of the Standing Committee concerned as the case may be may specify in consultation with the Chairman of the Zilla Parishad.
Rule 74
The Chief Executive Officer shall convene the meetings of the Standing Committee of the Zilla Parishads according to the Schedule as specified under Rule 73.
Rule 75
(1) The rules applicable to the Mandal Parishad or Zilla Parishad meetings shall also be made applicable to the meetings of the Standing Committee unless specific provision is made in this part.
(2) The agenda for the meeting of the Standing Committee of the Zilla Parishad shall be prepared by the Chief Executive Officer in consultation with the Chairperson of the Standing Committee as the case may be concerned and the Chairman Zilla Parishad.
Rule 76
No business shall be transacted at any meeting of a Standing Committee unless there is a quorum of 1 3rd of the number of members then on the Standing Committee:
Provided that in the case of an adjourned meeting of a Standing Committee, the quorum shall be three members including the presiding member.
Rule 77
(1) All questions which may come before a Standing Committee at any meeting shall be decided by the majority of the members present and, voting at the meeting and in every case of quality of votes the presiding member shall have casting vote.
(2) Every subject which has to be disposed off by a Standing Committee shall be placed before the same by the Chief Executive Officer with a note for information of the members explaining all the salient aspects of the question which have a relevance to the decision to be taken together with his own specific remarks and recommendations in the nature of an advice as to the appropriate course of action he suggests in the light of the facts of the case law on the subject and precedents.
Rule 78
(1) All minutes of the proceedings shall be entered in a separate book for each Standing Committee and shall be signed by the presiding member concerned after each meeting.
(2) The minutes book shall be placed before the Zilla Parishad at such times as it may appoint.
(3) The Chief Executive Officer shall forward a copy of minutes of the proceedings of each meeting of every Standing Committee of the Zilla Parishad to the Commissioner of Panchayat Raj within seven days of such meeting.
Rule 79
In any case in which two or more Standing Committees have passed conflicting decisions and such conflict has not been resolved by a joint meeting of such committee, the Chief Executive Officer shall place the matter before the Zilla Parishad and pending its resolution he shall withhold all actions in regard to the matter at issue.
Rule 80
(1) A member of a Standing Committee of the Zilla Parishad who is also a member of Zilla Parishad other than the Chairman of the Zilla Parishad shall cease to be a member of such Standing Committee if he had absented himself from three or more, consecutive meetings of such Standing Committee held within a period of not less than six months reckoned from the date of the first meeting of the Standing Committee or of the last meeting which he attended or of his restoration of his membership under sub rule (2).
(2) Where a person ceases to be a member under sub rule (1), the Chief Executive Officer of the Zilla Parishad shall at once intimate the fact to the member concerned and report the same to the Zilla Parishad at its next ordinary meeting. If such person applies for restoration of his membership to the Zilla Parishad within thirty days of the receipt of him of such intimation, he shall be deemed to have been restored to his membership and the Chief Executive Officer of the Zilla Parishad shall report the fact of such restoration to the Zilla Parishad at its next meeting pending such restoration the member shall be entitled to act as if he was not disqualified.
Provided that a member shall not be so deemed to have been restored more than once during his term of office;
Provided further that no meeting from which a member absented himself shall be counted against him under sub rule (1), or due notice of that meeting was not given to him in the prescribed manner or the meeting was adjourned without transacting any business either for want of quorum or for any other reason or the meeting was held before he makes the oath or affirmation as laid down in Section 252 of the Act.
Rule 81
Every Standing Committee of the Zilla Parishad may for transacting the business of the Standing Committee and for carrying out the purpose for which it is constituted, utilise the service of the staff of the Zilla Parishad.
PART 4 Miscellaneous
Rule 82
The Mandal Parishad Development Officer shall have the custody of the proceedings and records of the Mandal Parishad and the Chief Executive Officer shall have the custody of proceedings and records of Zilla Parishad and all the Standing Committee thereof.
Rule 83
The Mandal Parishad Development Officer Chief Executive Officer may grant copies of the proceedings and records of the Mandal Parishad Zilla Parishad and the Standing Committee on payment of such fees as the Mandal Parishad Zilla Parishad may prescribe.
ANDHRA PRADESH PANCHAYAT RAJ OFFICERS DELEGATION OF POWERS RULES, 2000
Published in A.P. Gazette, RS to Part VII (Ext.), dated 26-8-2000] In exercise of the powers conferred by sub-section (3) of Section 260 read with Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following Rules namely :
Rule 1 Short title
These Rules may be called the Andhra Pradesh Panchayat Raj Officers Delegation of Powers Rules, 2000.
Rule 2 Authorisation by the Government
(a) The Government authorise the Commissioner of Panchayat Raj to inspect all Zilla Parishads once in a calender year and submit copies of inspection notes for review by Government.
(b) The Financial Commissioner, Panchayat Raj Department, the Chief Accounts Officers of the Office of the Commissioner, Panchayat Raj shall be competent to inspect the accounts Wing of the Zilla Parishads, accounts wing of Executive Engineer, Panchayat Raj and Mandal Parishad Offices. Copies of notes of inspection shall be submitted to the Government by Financial Commissioner and to Commissioner, Panchayat Raj by the Accounts Officer through the Office of the Commissioner, Panchayat Raj and Rural Employment.
(c) The Executive Authority concerned shall submit replies to the inspection reports within two (2) months from the date of receipt of inspection report duly rectifying the defects.
(d) A special report shall be prepared and submitted to the Commissioner, Panchayat Raj, if any major financial irregularity, loss wastage or financial impropriety noticed by them. Before submission of the said report the view of the Chief Executive Officer or Mandal Parishad Development Officer or Executive Engineer should be obtained in writing.
Rule 3 Inspection
(a) The Commissioner, Panchayat Raj or any other Officer authorised by him shall be competent to enter upon and inspect any Institution, School, Centre, work or scheme being implemented by the Zilla Parishad or Mandal Parishad and shall be competent to call for and obtain any information, return, statement records, files etc., relating to the subject for examination and scrutiny.
(b) Every person who is incharge of the programme or work, institution or school shall be bound to comply with the requisition.
(c) For failure to comply with the requisition, the concerned person shall be liable for disciplinary action.
Rule 4 Physical verification by the Inspecting Officers
(1) The Inspecting Officers shall physically verify the cash balances on hand under permanent schemes and under different schemes, stocks of materials in stores, godowns, NMR muster rolls records relating to payment of Wages, M-Books, the manner in which awards of contracts, the targets and achievements under check measurements, super checks by the competent authorities, delays in accordance with technical sanctions, delays in commencement and completion of works, rejection of substandard materials, levy and collection of penalties and fines, collection of Earnest Money Deposit for forfeiture of deposits for violation of Rules, should be carefully examined.
(2) The Inspecting Officers shall-
(a) verify whether utilisation certificates were submitted in respect of all grants on due dates.
(b) check up any diversion from earmarked funds from State/Central grants and along with the explanation of the concerned.
(c) register of cash contributions received and accounted for.
(d) review on audit reports and a note on minor or major and serious audit objections and a special report in case the amounts involved in more than Rs.25,000/-.
(e) check up the qualifications of staff in accounts wing and their tenure in general.
(f) submit the paid vouchers to audit, monthly and annual accounts.
(g) check up the re-appropriation of Heads of Accounts whenever necessary.
(3) The Inspecting Officer shall-
(a) evaluate whether 15%, 6% and 6% of revenues under each segment of funds both under general funds and other schemes have been complied with generally and check physically a few major works under such programmes.
(b) create the nature of assets under Jawahar Rojgar Yojana/Employment Assurance Scheme/Swarna Jayanthi Gram Sworojgar Yojana/Jawahar Gram Samruddi Yojana etc., and the proportion of Schedule Caste/Schedule Tribe/Women employed for these works.
Rule 5 Release of funds and their utilization
(a) The release of funds under normal schemes whether received, schemes approved by Zilla Parishad/Mandal Parishad (Normal Schemes like Rural Water Supply/Minimum Needs Programmes/Rural Road Maintenance/Zilla Parishad Rural Road Maintenance/Accelerated Rural Water Supply), Sugarcane cess/Minor Irrigation grants and whether prompt action is taken for their adjustment and release to Mandal Parishads/Gram Panchayats whenever due.
(b) The Special grants like Member of Parliament (Local area development) Schemes, Member of Legislative Assembly (Legislative Assembly Constituency-Area Development grant), Schemes, Special incentive under National Savings Certificate/works Bank programmes, Vimukthi (Sanction Programme), Tenth Finance Commission etc., were received and executed as per norms.
(c) The works on hand both physical and financial progress of works, sanctioned, works completed and works on hand and whether the amounts are likely to be spent fully without lapsing.
(d) Any other schemes/works sanctioned by other agencies also should be examined.
Rule 6 Presence of Officers during Inspection
All Executive Authorities and the Wing Officers, the Executive Engineers, Accounts Officer shall personally be present during the inspections and no leave shall be sanctioned by the competent authorities, unless in emergency cases.
Rule 7 Power of the Commissioner
The Commissioner, Panchayat Raj is empowered to initiate disciplinary action against the Officers, disobeying these orders
ANDHRA PRADESH CONDUCT OF ELECTION OF MEMBERS (CO OPTED) AND PRESIDENT/VICE PRESIDENT OF MANDALA PARISHAD AND MEMBERS (CO OPTED) AND CHAIRMAN AND VICE CHAIRMAN OF ZILLA PARISHADS RULES, 1994
In exercise of the powers conferred by sub section (1) of Section 268 read with clause (V) of sub section (1) of Section 149, sub sections (1) and (6) of Section 153 clause (V) of sub section (3) of Section 177 and sub sections (1) and (7) of Section 181 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), the Governor of Andhra Pradesh hereby makes the following Rules relating to conduct of election of Members (co opted) and President Vice President of Mandala Parishad and Members (co opted) and Chairman Vice Chairman of Zilla Parishad.
PART 1 Preliminary
Rule 1
These Rules shall be called the Andhra Pradesh Conduct of Election of Members (Co opted) and President Vice President of Mandal Parishad and Members (Co opted) and Chairman Vice Chairman of Zilla Parishad Rules, 1994.
Rule 2
In these Rules, unless the context otherwise requires,
(i) "Act" means the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994);
2-A. Subject to the general superintendence, direction and control of the State Election Commissioner, the Election Authority shall be responsible for the conduct of elections of the Member (Co opted) and President Vice President of Mandal Parishad and Member (Co opted) and Chairman Vice Chairman of the Zilla Parishad"
(ii) "Election Authority" means the State Election Commissioner.
(iii) "Election Officer" means any officer authorised or appointed by the Election Authority to do any act or perform and function in connection with the conduct of elections under these Rules.
(iv) "Form" means the form appended to these Rules;
(v) "Section" means a section of the Act; and
(vi) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
PART 2 Election of Member of Mandal Parishad
Rule 3
(1) The election of the member specified in clause (v) of sub section (1) of Section 149 shall be held in the office of the Mandal Parishad at a special meeting of the members of the Mandal Parishad specified in Clauses (i) to (iv) thereof and the President, Mandal Parishad, convened and presided over by the Collector, or any Gazetted Officer of the Government authorised by the District Collector in Form I in this behalf.
(2) The notice of the date and hour of such meetings shall be given in Form II A in Telugu language to the members of Mandal Parishad specified in clauses (i) to (iv) of sub section (i) of Section 149 and the President of Mandala Parishad atleast three clear days in advance of the date of the meeting for the election of the member under clause (v) of sub section (1) of Section 149 by the Collector of any Gazetted Officer of the Government authorised by the District Collector in Form 1 in this behalf.
Rule 4
(1) The president or any member wishing to nominate a person for election as a member of the Mandala Parishad specified under clause (v) of sub section (1) of Section 149 or the candidate so nominated shall file a nomination duly seconded by another member in Form III A before the Presiding Officer at the office of the Mandala Parishad before 10.00 a.m. on the date fixed for the meeting under sub rule (2) of Rule 3. Neither the President nor any member shall propose or second more than one candidate. Nominations shall not be received after the appointed time.
(2) The Presiding Officer shall scrutinise the nomination papers at the Mandala Parishad Office after 10. A.M. on the date of the meeting and his decision as to the validity or otherwise of the nomination shall be final.
(3) The Presiding Officer shall publish the list of valid nominations on the notice board of the Mandal Parishad on the same day atleast one hour before the time appointed for the meeting.
(4) Any candidate wishing to withdraw his nomination may do so by delivering a letter to that effect to the Presiding Officer before the commencement of the meeting.
(5) If the conduct of a poll becomes necessary and before the poll is conducted a candidate who has been duly nominated, dies the Presiding Officer shall upon being satisfied of the fact of the death of the candidate, countermand the poll, and the election proceedings shall be started afresh in all respects as if for a new election.
Provided that no fresh nomination shall be necessary in respect of a candidate who stood nominated at the time of the countermanding of the poll.
Rule 5
No meeting for the conduct of election of member specified in clause (v) of sub section (1) of Section 149 shall be held unless there be present at the meeting atleast one half of the number of members then on the Mandal Parishad who are entitled to vote at the election.
Rule 6
(1) If only one candidate is duly proposed, there shall be no election and he shall be declared to have been elected.
(2) If there are two or more such candidates an election shall be held by show of hands and votes taken of the members present at the meeting.
(3) If the number of candidates exceeds more than one for the said seat the election shall be held by show of hands. The Presiding Officer shall then read out the names of contesting candidates. He shall there after record the number of votes polled for each such candidate as ascertained by show of hands. He shall announce the number of votes secured by each candidate and shall declare the candidate who secures the highest number of votes as elected.
(4) In the event of there being an equality of votes between the two candidates the Presiding Officer shall draw lots in the presence of the members and the candidate whose name is first drawn shall be declared to have been duty elected.
(5) The Presiding Officer shall, immediately after declaring the Candidate as elected as laid down in sub rule (4), inform them that there will be held another meeting that day or the next day for the election President and Vice President of Mandal Parishad and that a notice announcing the time, date, venue, etc. will shortly be placed on the notice board of the Mandal Parishad in Form IV A and he shall also request them to refer to it after the conclusion of the meeting.
Rule 7
Immediately after the declaration of the result of the election the Presiding Officer shall
(a) Prepare a record of the proceedings of the meeting and sign it attesting with his initials every correction made herein and shall also have the said record of proceedings attested by a majority of the number of members who participated in the meeting.
(b) Publish on the notice board of the Mandala Parishad a notice signed by him, stating the name of the person elected as member of the Mandala Parishad under clause (v) of sub section (1) of Section 149 of the Act, and send a copy of such notice to the District Collector concerned and State Election Commissioner and the Commissioner, Panchayat Raj and Rural Development. A copy of this notice shall also be given to the candidate who is declared elected as member of the Mandal Parishad.
Rule 8
Notwithstanding anything contained in these rules, the Election Authority may, for sufficient reasons to be recorded in writing, direct, from time to time, the postponement or alteration of the date of the special meeting convened under sub rule (1) of Rule 3 and the Presiding Officer of the meeting shall give effect to the directions issued under this Rule.
PART 3 Filling up of casual vacancies
Rule 9 Subject to the provisions of Section 149, the Results in Part II shall apply for filling up a casual vacancy occurring in the office of an elected (co opted member of a Mandal Parishad subject to the following variations namely
(a) for the word "Special" occurring in Rule 3 the word "Ordinary" shall be substituted:
Rule 10
A casual vacancy in the office of an elected (co opted) member of a Mandal Parishad shall be filled within a period of eight weeks from the date of occurrence of such vacancy.
PART 4 Election of President Vice President of Mandala Parishad
Rule 11
(1) On the same day on which the special meeting for election of a member of Mandala Parishad specified in clause (v) of sub section (1) of Section 149 is held and soon after the election of the member is over a special meeting shall also be held by the Collector, or any Gazetted Officer authorised by him in the office of the Mandal Parishad at the hour to be announced at the end of the meeting held for election of the member specified in clause (v) of sub section (1) of Section 149 for the election of President Vice President in the manner laid down hereafter.
(2) Notice of the date and hour of such meeting shall be given in Form II A to the members specified in clause (i) to (iv) of sub section (i) Section 149 atleast three clear days in advance of the date of the meeting fixed for the election of the President Vice President, Mandala Parishad by the Collector or any Gazetted Officer authorised by him. In respect of member elected under clause (v) of sub section (1) of Section 149 the notice shall be in Form IV A placed on the notice board of the Mandal Parishad.
Rule 12
No meeting for the conduct of election of President Vice President of a Mandal Parishad shall be held unless there be present at the meeting atleast one half of the number of members then on the Mandal Parishad who are entitled to vote at the election.
*{Provided that where the election of President or Vice President could not be conducted in the first two special meetings convened for the purpose for want of quorum, the President or Vice President shall be elected in the subsequent meeting meetings convened for the purpose from among the members present without insisting for quorum.
Provided further that there the election of the President or Vice President of Mandal Parishad could not be conducted in the subsequent meeting meetings also as mentioned in the aforesaid proviso, the Government shall appoint a temporary President under Section 165(6) of the Andhra Pradesh Panchayat Raj Act, 1994.}
Rule 13
(1) A candidate for the office of the President Vice President of a Mandal Parishad shall be proposed by one member and seconded by another. The names of all the candidates validly proposed also seconded shall be read out by the Presiding Officer at such meeting. * {A candidate for the Office of President Vice President of a Mandal Parishad shall be proposed by one member and seconded by another. If any candidate claims to be contesting on behalf of a political party, he shall produce an authorisation from the President of the recognised political party of the State or a person duly authorised by the State President under his office seal and such authorisation shall be produced before the Presiding Officer on or *{before 10 A.M. on the day of the election} for the election of the Office of President Vice President of Mandal Parishad. The names of all candidates validly proposed and seconded shall be read out alongwith the name of the Political Party which has set him up by the Presiding Officer in such a meeting.}
(2) If only one candidate is duly proposed, there shall be no election and he shall be declared to have been elected.
(3) If there are two or more candidates an election shall be held by show of hands and votes taken of the members present at the meeting.
(4) The Presiding Officer shall thereafter record the number of votes polled, for each such candidates ascertained by show of hands. He shall announce the number of votes secured by each candidate and shall declare the candidate who secures the highest number of votes, as elected.
(5) In the event of there being an equality of votes between the two candidates, the Presiding Officer shall draw lots in the presence of the members and the candidate whose name is first drawn shall be declared to have been duly elected.
*{(6) Every recognised political party may appoint on behalf of that political party a whip and intimation of such appointment shall be issued by the State President or a person authorised by him under his seal and such intimation shall be sent to the Presiding Officer to reach him on or before 11.00 A.M. on the day preceding the day of election to the Office of the President Vice President of the Mandal Parishad.
Explanation:- Recognised political party means a political party recognised by Election Commission of India, New Delhi.
*{(7)
(i) Any member of the Mandal Parishad elected on behalf of a recognised political party shall cease to be a Member of the Mandal Parishad for disobeying the directions of the Party Whip so issued.
(ii) The Presiding Officer shall, on receipt of a written report from the Party Whip within three days of the election, that a Member belonging to his party has disobeyed the Whip issued in connection with the election, forthwith declare in Form V C that the Member has ceased to hold Office and the decision of the Presiding Officer shall be final.}
Rule 14
Immediately after the declaration of the result of the election, the Presiding Officer shall
(a) Prepare a record of the proceedings of the meeting and sign it attesting with his initials every correction made therein and shall also have the said record of proceedings attested by a majority of the number of members who participated in the meeting".
(b) Publish on the notice board of the Mandal Parishad a notice signed by him stating the name of the person elected as President Vice President of the Mandal Parishad and send a copy of such notice to the State Election Commissioner, District Collector and Commissioner of Panchayati Raj and Rural Development. A copy of the notice shall also be given to the candidate who is declared as elected as President Vice President of Mandal Parishad.
PART 5 FILLING UP OF CASUAL VACANCIES IN THE OFFICE OF THE PRESIDENT VICE PRESIDENT, MANDALA PARISHAD
Rule 15
(1) Subject to the provision of sub section (6) of Section 153 of the Rules in Part IV shall apply for filling up a casual vacancy to the office of the President Vice President of a Mandal Parishad.
Provided that every casual vacancy shall be filled up within a period of six months from the date of occurrence of such vacancy.
(2) The notice of date and hour of the meeting in which the election to fill up a casual vacancy in the office of President Vice President of Mandal Parishad is to be held shall be given in Form VA to members atleast three clear days in advance of such meeting.
(3) The President of Mandal Parishad shall be entitled to vote at the election to the office of the Vice President.
PART 6 ELECTION OF MEMBERS OF ZILLA PARISHAD
Rule 16
(1) The election of members specified in clause (v) of sub section (3) of Section 177 shall be held in the office of the Zilla Parishad at a special meeting of the members of Zilla Parishad specified in Clauses (i) to (iv) thereof, convened and presided over by the District Collector.
(2) The notice of the date and hour of such meeting shall be given in Form II B in Telugu language to the members of Zilla Parishad specified in clause (i) to (iv) of sub section (3) of Section 177 atleast three clear days in advance of the date of the meeting for the election of the member under clause (v) of sub section (3) of Section 177 by the District Collector.
Rule 17
(1) Any member wishing to nominate a person for election as member of the Zilla Parishad under clause (v) of sub section (3) of Section 177 or the candidate so nominated, shall file a nomination duly seconded by another member in Form IIIB before the Presiding Officer at the Office of Zilla Parishad before 10.00 a.m. on the date fixed for the meeting under sub rule (2) of Rule 16. No member shall propose or second more than one candidate. Nominations shall not be received after the appointed time.
(2) The Presiding Officer shall scrutinise the nomination papers at the Zilla Parishad Office after 10.00 a.m. on the date of meeting and his decision as to the Validity or otherwise of the nomination shall be final.
(3) The Presiding Officer shall publish the list of valid nominations on the notice board of the Zilla Parishad on the same day atleast one hour before the time appointed for the meeting.
(4) Any candidate wishing to withdraw his nomination may do so by delivering a letter to that effect to the Presiding Officer before the commencement of the meeting.
(5) If the conduct of Poll becomes necessary and if before the poll is conducted, a candidate who has been duly nominated dies, the Presiding Officer shall upon being satisfied of the fact of the death of the candidate, countermand the poll, and election proceedings shall be started fresh in all respects as if for a new election:
Provided that no fresh nomination shall be necessary in respect of a candidate who stood nominated at the time of the countermanding of the poll.
Rule 18
No meeting for the conduct of election of member specified in clause (v) of sub section (3) of Section 177 shall be held unless there be present at the meeting atleast one half of the number of members than on the Zilla Parishad who are entitled to vote at the election.
Rule 19
(1) If only one candidate is duly proposed, there shall be no election and he shall be declared to have been elected.
(2) If there are two or more candidates, an election shall be held by show of hands and votes taken of the members present at the meeting.
(3) If the number of candidates exceeds more than one for the said seat the election shall be held by show of hands. The Presiding Officer shall then read out the names of the contesting candidates. He shall thereafter record the number of votes polled for each such candidate as ascertained by show of hands. he shall announce the number of votes polled for each such candidates as ascertained by show of hands. He shall announce the number of votes secured by each candidate and shall declare the candidate who secures the highest number of votes as elected.
(4) In the event of there being an equality of votes between the two candidates the Presiding Officer shall draw lots in the presence of the members and the candidate whose name is first drawn shall be declared to have been duly elected.
(5) The Presiding Officer shall immediately after declaring the candidate elected as laid down in sub rule (4), inform them that there will be held another meeting that day or the next day for the election of Chairman Vice Chairman of Zilla Parishad and that a notice announcing the time, date, venue of poll will shortly be placed on the notice board of the Zilla Parishad in Form IV B and he shall also request the transfer to it after the conclusion of the meeting.
Rule 20 Immediately after the meeting, the Presiding Officer shall
(a) Prepare a record of the proceedings of the meeting and sign it, attesting with his initials every correction made therein, and also permit any member present at the meeting to affix their signatures to such record, if they express their desire to do so;
(b) Publish on the notice board of the Zilla Parishad a notice signed by him stating the name of the person elected as member of the Zilla Parishad under clause (v) of sub section (3) of Section 177 of the Act and send a copy of such notice to State Election Commissioner, the Commissioner of Panchayat Raj and Rural Development, and the Government. A copy of this notice shall also be given to the candidate who is declared elected as member of the Zilla Parishad.
Rule 21
Notwithstanding anything contained in these Rules the Election Authority, may, for sufficient reasons to be recorded in writing, direct, from time to time, the postponement or alteration of the date of the special meeting convened under sub rule (1) of Rule 16 and the Presiding Officer of the polling shall give effect to the directions issued under this Rule.
PART 7 Filling up of Casual Vacancies
Rule 22
Subject to the provisions of Section 177 the Rules in Part VI shall, apply for filling up a casual vacancy occurring in the office of an elected (co opted) member of a Zilla Parishad subject to the following variations, namely:
(a) for the word "Special" occurring in Rule 16 the word "Ordinary" shall be substituted:
(b) the Chairman of the Zilla Parishad or in his absence the Vice Chairman or in his absence one member from among the members present, chosen to preside over the meeting shall conduct the casual election and he shall be entitled to vote at such election. When both the Chairman and the Vice Chairman are absent, the District Collector shall receive and scrutinise the nominations and handover the list of valid nominations to the member who is chosen to preside over the meeting.
Rule 23
A casual vacancy in the office of an elected (co opted) member of a Zilla Parishad shall be filed within a period of eight weeks from the date of occurence of such vacancy.
PART 8 Election of Chairman Vice Chairman of the Zilla Parishad
Rule 24
(1) On the same day on which the special meeting for election of member of Zilla Parishad specified in clause (v) of sub section (3) of Section 177 is held and soon after the election of the member (co opted) is over, a special meeting shall also be held by the District Collector in the office of the Zilla Parishad at the hour to be announced at the end of the meeting held for the election of member specified in clause (v) of sub section (3) of Section 177 for the election of Chairman Vice Chairman in the manner laid down hereafter.
(2) Notice of the date and hour of such meeting shall be given in Form 11 B to the Chairman, Zilla Parishad and the Members specified in clause (i) to (iv) of Sub section (3) of Section 177 atleast three clear days in advance of the date of the meeting fixed for election of Chairman Vice Chairman, Zilla Parishad by the District Collector. In respect of members elected under clause (v) of sub section (3) of Section 177 the notice shall be given in Form IV B placed on the notice board of the Zilla Parishad.
Rule 25
No meeting for the conduct of election of Chairman Vice Chairman of a Zilla Parishad shall be held unless there be present at the meeting atleast one half of the number of members then on the Zilla Parishad who are entitled to vote at the election.
*{Provided that where the election of Chairman or Vice Chairman could not be conducted in the first two special meetings convened for the purpose for want of quorum, the Chairman of Vice Chairman shall be placed in the subsequent meeting meetings convened for the purpose from among the members present without insisting for quorum.
Provided further that where the election of the Chairman or Vice Chairman of a Zilla Parishad could not be conducted in the subsequent meeting meetings as mentioned in the aforesaid proviso, the Government shall appoint a temporary Chairman under Section 193(5) of the Andhra Pradesh Panchayat Raj Act, 1994.}
Rule 26
{(1) A candidate for the Office of Chairman Vice Chairman of a Zilla Parishad shall be proposed by one member and seconded by another. If any candidate claims to be contesting on behalf of a political party, he shall produce an authorisation from the President of the recognised political party of the State or a person duly authorised by the State President under his office seal and such authorisation shall be produced before the Presiding Officer on or *{before 10.A.M. on the day of the election} for the election of the Office of the Chairman Vice Chairman of Zilla Parishad. The names of all candidates validly proposed and seconded shall be read out alongwith the name of the political party which has set him up by the Presiding Officer in such a meeting.}
(2) If only one candidate is duly proposed, there shall be no election and he shall be declared to have been elected.
(3) If there are two or more such candidates, an election shall be held by show of hands and votes taken of the members present at the meeting.
(4) The Presiding Officer shall thereafter record the number of votes polled, for each such candidate ascertained by show of hands. He shall announce the number of votes secured by each candidate and shall declare the candidate who secures the highest number of votes, as elected.
(5) In the event of there being an equality of votes between the two candidates, the Presiding Officer shall draw lots in the presence of the members and the candidate whose name is first drawn shall be declared to have been elected.
*
{(6) Every recognised political party may appoint on behalf of that political party a whip and intimation of such appointment shall be issued by the State President or a person authorised by him under his seal and such intimation shall be sent to the Presiding Officer to reach him on or before 11.00 A.M. on the day preceding the day of election to the Office of the Chairman Vice Chairman of the Zilla Parishad.
Explanation:- Recognised Political Party means a political party recognised by Election Commission of India, New Delhi.
*
{(7)
(i) Any member of the Mandal Parishad elected on behalf of a recognised political party shall cease to be a Member of the Mandal Parishad for disobeying the directions of the Party Whip so issued.
(ii) The Presiding Officer shall, on receipt of a written report from the Party Whip within three days of the election, that a Member belonging to his party has disobeyed the Whip issued in connection with the election, forthwith declare in Form V C that the Member has ceased to hold Office and the decision of the Presiding Officer shall be final.} Added by ibid.
Rule 27
(1) Immediately after the meeting, the Presiding Officer shall
(a) prepare a record of the proceedings of the meeting and sign it attesting with his initials for every correction made therein and also permit any member present at the meeting to affix his signature to such record, if he expresses his desire to do so; and
(b) publish on the notice board of the Zilla Parishad a notice signed by him stating the name of the person elected as Vice Chairman of the Zilla Parishad and send a copy of such notice to the State Election Commissioner, Commissioner of Panchayat Raj and Rural Development and the Government. A copy of the notice shall be given to the candidate who is declared elected.
(2) The Presiding Officer shall forward the name of the person elected as Chairman Vice Chairman, Zilla Parishad to the Director, Printing, Stationery and Stores Purchase, Hyderabad for publication in the Andhra Pradesh Gazette.
PART 9 Filling Up of Casual Vacancies in the Office of Chairman Vice Chairman Zilla Parishad
Rule 28
(1) Subject to the provisions of sub section (1) of Section 181(7) the Rules in Part VIII shall apply for filling up a casual vacancy in the office of the Chairman Vice Chairman of the Zilla Parishad:
Provided that every casual vacancy shall be filled up within a period of six months from the date of such vacancy;
Provided further that the temporary Chairman of a Zilla Parishad shall not preside over the meeting of the Zilla Parishad convened for the holding of casual election in the office of the Chairman Vice Chairman where the temporary Chairman himself happens to be a contesting candidate and in such a case one member from among the members present shall be chosen to preside over the meeting who shall conduct the casual election and he shall be entitled to vote at such election.
(2) The notice of date and hour of the meeting in which the election to fill up the casual vacancy in the office of Chairman Vice Chairman of Zilla Parishad is to be held shall be given in Form VB to members atleast three clear days in advance of such meeting:
Provided that where casual vacancies arise simultaneously in the office of members specified in clause (v) of sub section (3) of Section 177 and Chairman Vice Chairman, and it is proposed to fill up the casual vacancy in the aforesaid offices on the same day, the notice for the election of Chairman Vice Chairman shall be given to the member aforesaid soon after he is elected in the manner provided in sub rule (2) of Rule 24.
(3) The Chairman, Zilla Parishad shall be entitled to vote at the election to the office of the Vice Chairman.
APPENDIX 1 FORM 1
FORM
{See Rule 3(1) }
FORM - I
[See Rule 3(1)]
I ...................................... (name) ........... District Collector hereby authorise Sri ................... (Designation) and in his absence Sri ........... (Designation) to convene the special meeting of the members of Mandala Parishad ..................... specified in clause (i) to (iv) of sub section (1) of Section 149 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) and the President of Mandala Parishad for the election of member specified in clause (v) of sub section (1) of Section 149.
Place:
(Signature)
Date:
District Collector
APPENDIX 2A FORM 2A
FORM
{See Rules 3(2) and 11(2)}
FORM - II-A
Notice of Election
[See Rules 3(2) and 11(2)]
Notice is hereby given to Sri ......................... member of the ..................... Mandala Parishad that a special meeting of the members of the Mandal Parishad will be held at (time) .................. on (date) .............. at its Office for the election of the Member specified in clause (v) of sub section (1) of Section 149 of the Andhra Pradesh Panchayat Raj Act, 1994. The member is requested to make it convenient to attend the meeting.
(2) The following details regarding nominations are also furnished to the members for information:
(i) Nomination papers which shall be in Form III A appended in the Andhra Pradesh (Conduct of election of Member (co opted) and President Vice President of Mandala Parishad and member (co opted) and Chairman Vice Chairman of Zilla Parishad) Rules, 1994 may be delivered to the Presiding Officer between the hours of .............. in the morning and .......... in the afternoon by the candidate or his proposer on (date) ........... at the office of Mandal Parishad.
(ii) The nomination papers will be taken up for scrutiny of the Mandala Parishad on (date) ......... between the hours of .......
(iii) The name of the persons whose nominations are valid will be published on the notice board of the Office of Mandala Parishad on (date) ....................
(iv) Notice of withdrawal of any candidate from election may be delivered to the Presiding Officer by the candidate or his proposer at the Mandala Parishad Office on (date) ....... between the hours or ..............
(3) On the same day soon after the election of the member specified above, another meeting in which they will participate will be held in the office of Mandala Parishad for the election of the President Vice President of the Mandala Parishad at the hour to be announced on the notice board of the office. If for any reason such an election is not held on that day, it will be held on the next day whether or not it is a holiday observed by the Mandala Parishad.
The member is requested to make it convenient to attend that meeting also.
Place:
Date:
(Signature)
Designation
APPENDIX 2B FORM 2B
FORM
{See Rule 16(2) and 24(2)}
FORM - II-B
Notice of Election
[See Rule 16(2) and 24(2)]
Notice is hereby given to Sri .......................... member of the ........................... Zilla Parishad that a special meeting of the members of the Zilla Parishad will be held at (time) ........................ on (date) .......... at its office for the election of the Member specified in clause (v) of sub section (3) of Section 177 of the Andhra Pradesh Panchayat Raj Act, 1994. The member is requested to make it convenient to attend the meeting.
(2) The following details regarding nominations are also furnished to the members for information:
(i) Nomination papers which shall be in Form III B appended to the Andhra Pradesh (Conduct of Election of Member (Co opted) and Chairman Vice Chairman of Zilla Parishad Rules, 1994 may be delivered to the Presiding Officer between the hours of ........ in the morning and ............. in the afternoon by the candidate or his proposer of (date) ............ at the office of the Zilla Parishad.
(ii) The nomination papers will be taken up for scrutiny at the Zilla Parishad on date ........... between the hours of ...
(iii) The names of the persons whose nominations are valid will be affixed on the notice board of the office of Zilla Parishad on date .............
(iv) Notice of withdrawal of any candidate from election may be delivered to the Presiding Officer by the candidate or his proposer at the Zilla Parishad Office on (date) ........ between the hours of ..............
(3) On the same day soon after the election of the member specified above, another meeting in which they will participate will be held in the office of the Zilla Parishad for the election of the Chairman Vice Chairman of the Zilla Parishad at the hour to be announced on the notice board of the office. If for any reason such an election is not held on that day, it will be held on the next day whether or not it is a holiday observed by the Zilla Parishad.
The member is requested to make it convenient to attend the meeting also.
Place: Signature:
Date: Designation.
MINORITY COMMUNITY CERTIFICATE
Certificate that Sri/Smt/kum............................... son daughter of .................................. residing at ....................... belong to ................................ community which is a religious linguistic minority community in the state.
Place: Signature of Gazetted Officer.
Date: MLA/MP (with seal)
APPENDIX 3A FORM 3A
FORM
{See Rule 4(1)}
FORM III-A
[See Rule 4(1)]
Nomination Paper
Election of the Member of Mandala Parishad.............
I hereby nominate Sri Smt. Kum................ as a candidate for election as a member specified under clause (v) of sub section (1) of Section 145 of the Andhra Pradesh Panchayat Raj Act, 1994.
1. Name of candidate s father husband:
2. Full postal address of candidate:
My name is ........................ and I am the member of the Mandala Parishad.
Signature of Proposer.
Signature of the Seconder...
[To be filled by the Candidate]
I, .................. the above mentioned candidate assent to this nomination. I am registered voter in this Mandal. My name is entered at Sl.No........... in ...............................
I am not less than twenty one years of age. Section No................ of the electoral roll for Gram Panchayat ...........
I am not less than twenty one years of age.
I belong to ............ community which is a religious linguistic minority. Certificate is enclosed furnished below:
Date:
Signature of the Candidate.
APPENDIX 3B FORM 3B
FORM
{See Rule 17(1)}
FORM - III-B
[See Rule 17(1)]
Nomination Paper
Election of the Member of Zilla Parishad ........
I hereby nominate Sri Smt Kum............ as a candidate for election as a member specified under clause (v) of sub section (3) of Section 177 of the Andhra Pradesh Panchayat Raj Act, 1994.
1. Name of candidate s father husband:
2. Full postal address of candidate:
My name is ............................ and I am the member of this Zilla Parishad.
Date:
Signature of the Candidate.
Signature of the Seconder.
[To be filled by the Candidate]
I, .................... the above mentioned candidate at seat to this nomination. I am a registered voter in the district. My name is entered at Sl.No. ................ in Section No.......... of the electoral roll of Gram Panchayat.
I am not less than twenty one years of age.
I belong to .............. community which is a religious linguistic minority. Certificate is enclosed furnished below:
Date: Signature of the Candidate.
MINORITY COMMUNITY CERTIFICATE
Certified that Sri Smt. Kum.............. son daughter of Sri........ residing at ........... belongs to community which is a religious linguistic minority community in the State.
Place:
Signature of the Gazetted Officer
Date:
M.L.A. M.P. (with seal)
APPENDIX 4A FORM 4A
FORM
{See Rules 6(5) 11(2)}
FORM - IV-A
Notice of the Meeting for the Election of President/ Vice President, Mandala Parishad
[See Rules 6(5) 11(2)]
Notice is hereby given to Sri .............. member of the Mandala Parishad ................ who has been declared as such at the special meeting held today at (time ........ that another special meeting will be held today tomorrow i.e. on (date) ..... at (time) ............ in the office of the Mandala Parishad for the election of the President Vice President of the Mandala Parishad.
The member is requested to make it convenient to attend the meeting.
Place: Signature.
Date: Designation.
To
Sri.........................
Member of Mandala Parishad
............................
APPENDIX 4B FORM 4B
FORM
{See Rules 19(5) and 24(2)}
FORM IV-B
[See Rules 19(5) and 24(2)]
Notice of the Meeting for the Election of Chairman Vice Chairman, Zilla Parishad
Notice is hereby given to Sri ............ member of Zilla Parishad ........... that a meeting of the members of Zilla Parishad will be held at (time) ......... on (date) ....... at its office .............. for the Election of Chairman Vice Chairman of the Zilla Parishad.
The member is requested to make it convenient to attend the meeting.
Place: Signature.
Date: Designation.
To Sri .......................
Member of Zilla Parishad
..............................
APPENDIX 5A FORM 5A
FORM
{See Rule 15(2)}
FORM V-A
Notice of Meeting for Casual Election of President Vice President of Mandala Parishad
[See Rule 15(2)]
Notice is hereby given to Sri .............. Member of Mandala Parishad ............ that a meeting of the members of Mandal Parishad will be held at (time) ...... on (date) ........ at its office for the Election of President Vice President, Mandal Parishad in the existing vacancy. The member is requested to make it convenient to attend the meeting.
Place: Signature.
Date: Designation.
To
Sri..............................
Member of Mandala Parishad
................................
APPENDIX 5B FORM 5B
FORM
{See Rule 28(2)}
FORM V-B
[See Rule 28(2)]
Notice of Meeting for Casual Election of Chairman Vice Chairman, Zilla Parishad
Notice is hereby given to Sri .................. Member of Zilla Parishad ............. that a meeting of the members of Zilla Parishad will be held at (time) .......... on (date) ...... at its office for the election of Chairman Vice Chairman, Zilla Parishad in the existing vacancy. The member is requested to make it convenient to attend the meeting.
Place: Signature
Date: Designation.
To
Sri............
Member of Zilla Parishad
APPENDIX 5C FORM 5C
FORM
(See Rule 13, sub rule 7(ii) and Rule 26, sub rule 7(ii)
[FORM No.V-C]
(See Rule 13, sub rule 7(ii) and Rule 26, sub rule 7(ii)
Sri/Smt./Kum. .......................................... has been elected as member ......................... Mandal Parishad Territorial Constituency Zilla Parishad Territorial Constituency on the Party Ticket issued by .......................................... Party. The Whip of the above party in his letter No. ........ ................. dated .......................... has reported that Sri Smt. Kum. ............................................... has disobeyed the Party Whip in connection with the election .................................. (post) held on ............................... and is, therefore, liable for disqualification under Section 153 81 of the Act.
In the light of the above report, Sri Smt. Kum. ............................... is hereby declared to have ceased to be a Member of the ......................................... Mandal Parishad Territorial Constitutency Zilla Parishad Territorial Constitutency.]
ANDHRA PRADESH PANCHAYAT RAJ (PREPARATION AND PUBLICATION OF ELECTORAL ROLLS) RULES, 2000
In exercise of the powers conferred by clause (i), sub-section (2) of Section 268, read with Section 11, sub-section (2) of Section 151 and sub-section (2) of Section 179 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), and in supersession of the Rules issued in G.OMsNo.879, PRRD and R (Elecs I) Department, dated 3-12-1994, G.OMsNo.898, PRRD and R (Elecs.I) Department dated, 10-12-1994, G.OMsNo.913, PRRD and R (Elecs.I) Department, dated 21-12-1994, and G.OMsNo.923, PRRD and R (Elecs.I) Department dated 28-12-1994, the Governor of Andhra Pradesh hereby makes the following Rules relating to preparation and publication of electoral rolls under the said Act, for a Gram Panchayat, Mandal Parishad and Zilla Parishad, or any portion thereof.
Rule 1 Short title
These Rules may be called the Andhra Pradesh Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2000.
Rule 2 Preparation of Gram Panchayat Electoral Roll
(1) The electoral roll of a Gram Panchayat, hereinafter referred to as "the electoral roll", shall be such part of the current electoral roll of the Andhra Pradesh Legislative Assembly Constituency, prepared and published under the Representation of the People Act, 1950 (Central Act 43 of 1950), as relates to the village, which shall be prepared by the District Panchayat Officer, taking into account the various amendments issued to the said electoral roll of the Assembly Constituency, from time to time, as they relate to the village, upto the date of election notification.
(2) There shall be a separate electoral roll for each Gram Panchayat.
Rule 3 Electoral roll for election to the office of Sarpanch
For the purpose of election of Member and Sarpanch of Gram Panchayat, the roll prepared under rule 2 shall be the electoral roll.
Rule 4 Form and language of the roll
(1) The roll shall be prepared in the format specified by the State Election Commission by order.
(2) The roll shall be prepared in such language or languages in which the roll of the Andhra Pradesh Legislative Assembly Constituency, within which the Gram Panchayat is situated, is prepared.
Rule 5 Publication of copies of rolls
(1) As soon as the roll is prepared in accordance with these rules, the District Panchyat Officer shall, make arrangements to print or cyclostyle or write in manuscript as many copies of the roll as may be directed by the State Election Commission, from time to timeHe shall publish the same for inspection by general public-
(a) on the notice board kept in the office of the District Panchayat Officer;
(b) on the notice board kept in the office of the Gram Panchayat; and
(c) at three conspicuous places in the concerned village.
(2) The electoral roll published under sub-rule (1) shall indicate the ward division made under sub-section (4) of Section 11 or as the case may be, under Section 12, of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), hereinafter in these rules referred to as "the Act".
(3) Upon such publication under this rule, the roll shall be the electoral roll of the Gram Panchayat and shall remain in force till, a fresh electoral roll is prepared and published.
Rule 6 Procedure for lodging claims and objections
All omissions of names in any part of the roll or objections to any entry in the roll, at any point of time after its publication under Rule 5, shall be settled only after a suitable amendment to the relevant entry in the electoral roll of the Legislative Assembly Constituency based on which the Gram Panchayat roll was prepared Anybody wishing to prefer a claim for inclusion or deletion of any name in the roll or any objection in respect of any entry in the roll so published, shall submit a proper claim or objection under the provisions of the Registration of Electors Rules, 1960 made under the representation of the People Act, 1950 (Central Act 43 of 1950), to the Electoral Registration Officer of the concerned Legislative Assembly ConstituencySubject to the provisions of Section 11 of the Act, and based on the orders of the Electoral Registration Officer of the Assembly Constituency on such claims and objections, the District Panchayat Officer shall carry out consequential amendments in the Gram Panchayat electoral rollIn case of any clerical or printing error or both, or when the entries deviate from the particulars of the Assembly Electoral roll, the District Panchayat Officer may cause such errors rectified, so as to bring it in conformity with the particulars of the Assembly Electoral roll concerned However, the District Panchayat Officer shall not resort to suo motu revision of the rolls by way of deletions or additions or modifications.
Rule 7 Electoral roll of a Mandal Parishad
(1) For purpose of preparation and publication of electoral roll for the election to the office of members of Mandal Parishad the provisions of Sections 11 and 12 of the Andhra Pradesh Panchayat Raj Act, 1994 shall apply mutatis mutandis.
(2) The electoral roll for the Gram Panchayat prepared and published under Rule 2 shall be arranged Territorial Constituency-wise of the Mandal Parishad by the Mandal Parishad Development Officer and it shall be divided into convenient parts which shall be numbered convenientlyThe part of the electoral roll shall be arranged Gram Panchayat-wise in alphabetical order for each Mandal Parishad Territorial Constituency for the purpose of conducting elections of Mandal Parishad Territorial Constituency.
(3) A copy of such electoral roll in respect of each Territorial Constituency of Mandal Parishad shall be kept open for inspection in the office of the Mandal Parishad concerned.
Rule 8 Electoral roll of a Zilla Parishad
(1) For purposes of preparation and publication of electoral roll for the election of member of Zilla Parishad, the provisions of Sections 11 and 12 shall apply mutatis mutandis.
(2) The electoral roll for the Gram Panchayat prepared and published under Rule 2 shall be arranged for each Mandal which is a Territorial Constituency of the Zilla Parishad by the Chief Executive Officer, Zilla Parishad concerned, and it shall be divided into convenient parts which shall be numbered convenientlyThe part of the electoral roll shall be arranged Gram Panchayat-wise in alphabetical order for each Zilla Parishad Territorial Constituency, for the purpose of conducting elections of Zilla Parishad Territorial Constituency.
(3) A copy of such electoral roll in respect of each Territorial Constituency of Zilla Parishad shall be kept open for inspection in the office of the Zilla Parishad concerned.
Rule 9 Transitional Provision
Notwithstanding anything in these rules, the electoral rolls of Gram Panchayats prepared and finally published, with reference to 1st January, 2000 as the qualifying date, in pursuance of Notification No.738/SEC-B1/1999-2000, dated the 7th January, 2000 of the State Election Commission, shall continue to be in force, until fresh electoral rolls are prepared and published, subject to the condition that any additions or deletions made by the Electoral Registration Officer under the Representation of the People Act, 1950 (Central Act 43 of 1950) in the electoral roll of the Legislative Assembly Constituency, as relates to the concerned Gram Panchayat, between the date of the notification of the State Election Commission referred to above, and the date of election notification, for any election held under this Act shall be added or deleted, as the case may be, in the electoral rolls already prepared as aboveAny additions shall, however, be added to the last ward of the Gram Panchayat concerned".
APPENDIX 1 Notice of Publication of Electoral Rolls
FORM
[See Rule 5 ]
FORM 1
Notice of Publication of Electoral Rolls
[See Rule 5 ]
Notice is hereby given that the electoral roll of the ............................... Gram Panchayat in . ............................... Mandal has been prepared in accordance with the Andhra Pradesh Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2000 by adopting the existing entries in the relevant part of the Electoral Roll for Legislative Assembly Constituency prepared under the Representation of the People Act, 1950. The same is kept open for inspection at my office and at the office of the Gram Panchayat.
Any person who wishes to lodge any claim for including his/her name in the roll or any objection to the inclusion of a name or any objection to the particulars in any entry in the said roll, shall first get such claim or objection settled with reference to the corresponding entry in the Electoral Roll of the Assembly Constituencies by lodging suitable claim or objection under the provisions of the Representation of the People Act, 1950 (Central Act 43 of 1950) and the Registration of Electors Rules, 1960 made there- under, before the Electoral Registration Officer of the said Assembly Constituency.
All orders of inclusion, delection or corrections issued on the basis of these claims and objections by the said Electoral Registration Officer till the date of the notification issued by the State Election Commissioner under sub-rule (2) of Rule 4 of the Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 1994, will be duly incorporated in the Electoral Roll of the Gram Panchayat.
District Panchayat Officer,
...............................District.
ANDHRA PRADESH PANCHAYAT RAJ (RESERVATION OF SEATS AND OFFICES OF MANDAL PARISHADS AND ZILLA PARISHADS) RULES, 1995
In exercise of the powers conferred by sub section (1) of Section 268 read with the Sections 152, 153, 180 and 181 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to reservation of seats and Offices for the members belonging to Scheduled Tribes, Scheduled Castes, Backward Classes and Women in Mandal Parishads and Zilla Parishads
Rule 1
These rules may be called the Andhra Pradesh Panchayat Raj (Reservation of Seats and Offices of Mandal Parishads and Zilla Parishads) Rules, 1995.
Rule 2 In these rules, unless the context otherwise requires
(i) Act means the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994);
(ii) Commissioner means Commissioner of Panchayat Raj;
(iii) Words and expressions used but not defined in these rules shall have the meanings assigned to them in the Act.
Rule 3
In every Mandal Parishad and Zilla Parishad out of the total strength of the elected members and in every district out of the total number of Offices of President, reservation for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be made by notification published in the Andhra Pradesh Gazette and in the District Gazette concerned in accordance with the following rules before every ordinary election.
PART 1 MANDAL PARISHADS Members of Mandal Parishads
Rule 4
(1) The District Collector shall in respect of each Mandal in the District determine, in the first instance, the number of seats to be reserved in the Mandal concerned for the members belonging to Scheduled Tribes and the Scheduled Castes, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Mandal Parishad as the population of Scheduled Tribes or as the case may be of the Scheduled Castes, in that Mandal Parishad bears to the total population of that Mandal Parishad and communicate the same to all the Revenue Divisional Officers in the District in respect of the Mandals falling within their respective jurisdiction.
(2) The Revenue Divisional Officer, in his turn, shall on receipt of the communication under sub rule (1) reserve in respect of each Mandal Parishad in his revenue division, seats allotted to the Scheduled Tribes in such Mandal Parishad,in the first instance, in Territorial Constituencies where the proportion of the population of Scheduled Tribes to the total population of the Mandal Parishad is the highest in the descending order.
(3) After excluding the Territorial Constituencies reserved for Scheduled Tribes in the respective Mandal Parishad, the Revenue Divisional Officer shall reserve from among other Territorial Constituencies seats for the Scheduled Castes allocated to each Mandal Parishad under sub rule (1) in Territorial Constituencies where the proportion of the population of the Scheduled Castes to the total population of the Mandal Parishad is the highest, in the descending order:
Provided that in respect of the Mandal Parishads wholly situated in the Scheduled Areas, the Revenue Divisional Officer shall reserve seats allocated under sub rule (1) for the members belonging to Scheduled Tribes permanently in respect of the Territorial Constituencies, where the proportion of the population of Scheduled Tribes exceeds fifty per cent of the total population of the Mandal Territorial Constituency. Subject to the condition that the number of seats reserved for Scheduled Tribes in any such Mandal Parishad shall not exceed the number of seats they would be entitled to in the Mandal Parishad in proportion to their population to the total population of the Mandal Parishad.
Rule 5
(1) For the purpose of reserving seats for Backward Classes in respect of the territorial constituencies of the Mandal Parishads in the District, the District Collector shall determine the number of seats to be reserved for the Backward Classes in each Mandal Parishad, other than those in the Scheduled Areas, on the basis of the proportionate percentage of Backward Classes of the District and communicate the same to all the Revenue Divisional Officers in the District in respect of the Mandal Parishads falling within their respective jurisdiction.
Reservation for B.Cs.
District proportionate in the State (34%)
Percentage = ___________________X District B.Cs. percentage
State percentage of B.Cs. (38.8%)
Explanation:-
(i) Percentage of Backward Classes is 34% as provided in the Act;
(ii) State percentage of Backward Classes is 38.8% as projected by Bureau of Economics Statistics as on 1-3-1991 from the data of Socio Economic Survey conducted by Andhra Pradesh Backward Class Finance Corporation Limited;
(iii) District Backward Class percentage is the figures as projected by Bureau of Economics Statistics as on 1-3-1991 from the data of Socio Economic Survey referred to above and as published.
(2) Notwithstanding anything contained in sub rule (1), the District Collector shall, for purposes of reservation of seats for Backward Classes in the Mandal Parishads wholly situated in the Scheduled areas determine in the first instance the number of seats remaining after reserving seats for Scheduled Tribes and Scheduled Castes in each such Mandal Parishad and arrive at the number of seats to be reserved for Backward Classes computed only on the basis of such remaining seats applying the proportionate percentage of population of Backward Classes in the District.
(3) The reservation of seats for Backward Classes in each Mandal Parishad shall be made by the Revenue Divisional Officer by drawal of lots from among the seats remaining after reserving seats for Scheduled Tribes and Scheduled Castes in each Mandal Parishad. The place, date and time of the drawal of lots shall be published on the notice boards of the office of the Revenue Divisional Officer and the Mandal Parishad Development Officer concerned. The intending representatives of the political parties and others may be allowed to be present at the time of drawal of lots.
Rule 6
(1) One third of the number of seats reserved for Scheduled Tribes, Scheduled Castes, and Backward Classes and one third of the un reserved seats shall be reserved for Women in each Mandal Parishad.
(2) While communicating the number of seats to be reserved for Scheduled Tribes, Scheduled Castes and Backward Classes, the District Collector shall also communicate to the Revenue Divisional Officer, the number of seats to be reserved for Women from among the said categories and also the number of seats to be reserved from Women from among the un reserved seats in respect of each Mandal Parishad.
(3) The Revenue Divisional Officer shall reserve seats for Women from out of the reserved and un reserved categories on the basis of the highest proportion of the population of Women to the total population of the Territorial Constituency in the descending order.
Rule 7
The reservation of seats for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be by rotation commencing from the first ordinary election to be held under the Andhra Pradesh Panchayat Raj Act, 1994 except the seats reserved under the Proviso to Rule 4(3).
Explanation:- For the removal of doubts, it is hereby declared that,
(i) the expression Revenue Divisional Officer under these rules shall include the Sub Collector or Assistant Collector incharge of a Revenue Division.
(ii) for purposes of reserving seats under these rules any fraction less than one half shall be ignored and any fraction equal to or more than one half shall be counted as one.
PRESIDENT, MANDAL PARISHADS
Rule 8
(1) The Commissioner shall determine in the first instance, the number of offices of President to be reserved for the members belonging to Scheduled Tribes and Scheduled Castes, subject to the condition that the number of offices reserved for Scheduled Tribes shall be 7.61% and for Scheduled Castes 17.56% of the total number of offices of Presidents of Mandal Parishads in the State and then allot to each District on the basis of the proportion of the population of the Scheduled Tribes or of the Scheduled Castes in the District to the total population of the District and communicate the same to all the District Collectors in respect of the mandal parishads falling within their respective jurisdiction.
(2) The District Collector in his turn shall on receipt of the communication under sub rule (1) reserve the Mandal Parishads in the District allotted to the Scheuled Tribes in the first instance where the proportion of the population of Scheduled Tribes to the total population of the Mandal Parishad is the highest in the descending order.
(3) After excluding the Mandal Parishads reserved for Scheduled Tribes in the District, the Collector shall reserve from among the other Mandal Parishads the Offices for the Scheduled Castes allocated to each District under sub rule (1) where the proportion of the population of the Scheduled Castes of the Mandal Parishad to the total [population of the Mandal Parishad] is the highest in the descending order:
Provided that in respect of the Mandal Parishads wholly situated in the Scheduled Areas, the District Collector shall reserve offices allocated under sub rule (1) for the members belonging to Scheduled Tribes permanently in respect of the Mandal Parishads, where the proportion of the population of Scheduled Tribes exceeds fifty per cent of the total population of the Mandal.
Rule 9
(1) For the purpose of reserving offices of President for Backward Classes in respect of the Mandal Parishads the Commissioner, Panchayat Raj shall in the first instance determine the number of offices of President to be reserved for the Backward Classes in the State such that the number of offices so determined shall be 34 of the total number of offices of President Mandal Parishads in the State and allot them to each District on the basis of the proportionate percentage of Backward Classes of each District arrived at in the manner specified, in the note under sub rule (1) of rule 5, so that the District Collector shall reserve the offices of Presidents of Mandal Parishad in the District in the following manner.
(2) Notwithstanding anything contained in sub rule (1) the Commissioner shall for purposes of reservation of Offices for Backward Classes in the Mandal Parishads wholly situated in the Scheduled Areas determine in the first instance, the number of offices remaining after reserving the offices for Scheduled Tribes and Scheduled Castes in each District and arrive at the number of offices to be reserved for Backward Classes computed only on the basis of such remaining offices applying the proportionate percentage of population of Backward Classes in the District.
(3) The reservation of offices for Backward Classes in each District shall be made by the Collector by drawal of lots from among the offices remaining after reserving offices for Scheduled Tribes and Scheduled Castes in the District. The place, date and time of the drawal of lots shall be published on the notice boards of the office of the Zilla Parishad and the Mandal Parishad Development Offices. The intending representatives of the political parties and others may be allowed to be present at the time of drawal of lots.
Rule 10
(1) One third of the number of offices reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one third of the unreserved offices shall be reserved for Women in each District.
(2) While communicating the number of offices to be reserved for Scheduled Tribes, Scheduled Castes and Backward Classes, the Commissioner shall also communicate to the District Collector the number of offices to be reserved for Women from among these categories and also the number of offices to be reserved for Women from among the un reserved offices in respect of each District.
(3) The Collector shall reserve offices for Women from out of the reserved and un reserved categories on the basis of the highest proportion of the population of Women to the total population of the Mandal Parishad in the descending order.
Rule 11
The reservation of offices for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be by rotation commencing from the first ordinary election to be held under the Andhra Pradesh Panchayat Raj Act, 1994 except the offices reserved under the Proviso to Rule 8(3).
Explanation:- For the removal of doubts, it is hereby declared that for purposes of reserving offices under these rules any fraction less than one half shall be ignored and any fraction equal to or more than one half shall be counted as one.
ZILLA PARISHADS Members of Zilla Parishads
Rule 12
(1) The District Collector shall determine, in the first instance, the number of seats to be reserved in the Zilla Parishad Territorial Constituency for the members belonging to Scheduled Tribes and the Scheduled Castes subject to the condition, that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Zilla Parishad as the population of Scheduled Tribes or as the case may be of the Scheduled Castes, in that Zilla Parishad bears to the total population of that District falling within the jurisdiction.
(2) The Collector shall reserve in respect of District seats allotted to the Scheduled Tribes in the District, in the first instance in such Zilla Parishad Territorial Constituencies, where the proportion of the population of Scheduled Tribes to the total population of the Mandal Parishad is the highest in the descending order.
(3) After excluding the Territorial Constituencies reserved for Scheduled Tribes in the respective District, the Collector shall reserve from among the other Territorial Constituencies seats for the Scheduled Castes allocated under sub rule (1), where, the proportion of the population of the Scheduled Castes in the Parishad to the total 1 [population of the Mandal Parishad is the highest] in the descending order:
Provided that in respect of the Zilla Parishad Territorial Constituencies wholly situated in the Scheduled Areas the Collector shall reserve seats allocated under sub rule (1), for the members belonging to Scheduled Tribes permanently in respect of the Territorial Constituencies where the proportion of the population of Scheduled Tribes exceeds fifty per cent of the total population of the Mandal.
Rule 13
(1) For the purpose of reserving seats for Backward Classes in respect of the Territorial Constituencies in the District, the District Collector shall determine the number of seats to be reserved for the Backward Classes in each District other than those in the Scheduled Areas on the basis of the proportionate percentage of Backward Classes of the District.
Reservation for B.Cs. District proportionate in the State (34%) Percentage = ____________________________ X District B.Cs. percentage State percentage of B.Cs. (38.8%)
Explanation:-
(i) Percentage of B.Cs. is 34% as provided in the Act.
(ii) State percentage of B.Cs. is 38.8% as projected by Bureau of Economics and Statistics as on 1-3-1991 from the data of Socio Economic Survey.
(iii) District B.Cs. percentage is the figures as projected by Bureau of Economics and Statistics and as published.
(2) Notwithstanding anything contained in sub rule (1) the District Collector shall for purposes of reservation of seats for Backward Classes for the Zilla Parishad Territorial Constituencies, wholly situated in the Scheduled Areas determine in the first instance the number of seats remaining after reserving seats for Scheduled Tribes and Scheduled Castes in each such District and arrive at the number of seats to be reserved for Backward Classes computed only on the basis of such remaining seats applying the proportionate percentage of population of Backward Classes in the District.
(3) The reservation of seats for Backward Classes in District shall be made by the District Collector by drawal of lots from among the seats remaining after reserving seats for Scheduled Tribes and Scheduled Castes in each District. The place, date and time of the drawal of lots shall be published on the notice boards of the Office of the Zilla Parishad and the Mandal Parishad Development Offices. The intending representatives of the political parties and others may be allowed to be present at the time of drawal of lots.
Rule 14
(1) One third of the number of seats reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one third of the unreserved seats shall be reserved for Women in each Zilla Parishad.
(2) The District Collector shall reserve seats for Women out of the reserved and un reserved categories on the basis of the highest proportion of the population of woman to the total population on the Territorial Constituency in the descending order.
Rule 15
The District Collector shall reserve seats with regard to Zilla Parishad Territorial Constituency in the first instance and thereafter reserve offices with regard to President, Mandal Parishad.
Rule 16
The post of President, Mandal Parishad and the post of member of Zilla Parishad Territorial Constituency which are co terminus shall not as far as practicable be reserved [for same categories i.e., S.T. S.C. B.C. and Women] except the Offices reserved under the Proviso to Rule 12(3).
Rule 17
The reservation of seats for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be by rotation commencing from the first ordinary election to be held under the Andhra Pradesh Panchayat Raj Act, 1994, except the seats reserved under the proviso to Rule 12(3).
Explanation:- For the removal of doubts, it is hereby declared that, for purposes of reserving seats under these rules any fraction less than one half shall be ignored and any fraction equal to or more than one half shall be counted as one.
CHAIRPERSON, ZILLA PARISHAD
Rule 18
(1) The Commissioner, Panchayat Raj shall in respect of the State determine in the first instance the number of offices to be reserved in the State for the members belonging to Scheduled Tribes and the Scheduled Castes subject to the condition that the number of Offices so reserved shall 8 of the total number of Zilla Parishads in the State in the case of Scheduled Tribes and 18 of the total number of Zilla Parishads in the State in the case of Scheduled Castes.
(2) The Commissioner, Panchayat Raj shall on determining the number under sub rule (1) in respect of the State Reserve Offices and allot to the Scheduled Tribes in the first instance where the proportion of the population of Scheduled Tribes of the District to the total population of the District is the highest in the descending order.
(3) After excluding the Districts reserved for Scheduled Tribes, the Commissioner, Panchayat Raj shall reserve from among the other District Offices for the Scheduled Castes determined under sub rule (1) where the proportion of the population of the Scheduled Castes to the total population of the District is the highest in the descending order.
Rule 19
(1) For the purposes of reserving offices for Backward Classes in respect of the State, the Commissioner, Panchayat Raj shall allot 34 of the offices to the members belonging to Back ward Classes and reserve these Zilla Parishads, where the proportion of population of Backward Classes (as projected on 1-3-1991 by the Bureau of Economics and Statistics) to the total population of the District is the highest in the descending order.
Rule 20
(1) One third of the number of offices reserved for Scheduled Tribes, Scheduled Castes and Backward Classes and one third of the unreserved offices shall be reserved for women.
(2) The Commissioner, Panchayat Raj shall reserve offices for Women from out of the reserved and un reserved categories on the basis of the highest proportion of the population of women in the District.
Rule 21
The reservation of offices for Scheduled Tribes, Scheduled Castes, Backward Classes and Women shall be by rotation commencing from the first ordinary election to be held under the Andhra Pradesh Panchayat Raj Act, 1994.
Explanation:- For the removal of doubts, it is hereby declared that, for purposes of reserving seats under these rules any faction less than one half shall be ignored and any fraction equal to or more than one half shall be counted as one.
Andhra Pradesh Panchayat Subordinate Services (Supplementary) Rules
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with sub-section (3) of section 36 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) and in supplementation of the Andhra Pradesh Panchayat Raj Sub-ordinate Service Rules issued in G.O.Ms.No 132, Panchayat Raj and Rural Development (Estt.IX) Department, dated23-3-1998, the Governor of Andhra Pradesh hereby makes the supplementary (Supplementary) Rules for the Andhra Pradesh Panchayat subordinate service.
Rule 1 Short title, Commencement and applicability
(1) These rules may be called as The Andhra Pradesh Panchayat Subordinate Service (Supplementary) Rules ;
(2) They shall come into force with immediate effect;
Rule 2 Constitution
The service shall consist of the following additional categories of posts in the Andhra Pradesh Panchayat Subordinate Service
(1) Executive Officer-Special Category-I (Panchayat Secretary)
(2) Executive Officer-Special Category-II (Panchayat Secretary)
(3) Executive Officer-Special Category-III (Panchayat Secretary)
(4) Executive Officer-Special Category-IV (Panchayat Secretary)
(5) Executive Officer-Special Category-V (Panchayat Secretary)
Rule 3 Method of Appointment
The method of appointment for the categories mentioned hereunder shall be as follows:-
Provided that Village Development Officer Grade-I who have opted will be adjusted in the Panchayats with higher incomeIn each District as per the number of Village Development Officer Grade-I opting number of Panchayats in this category will be decided and action taken to post them in any one of those Panchayats as decided by the District Committee constituted as per the annexure enclosed.
Provided further that after placing Village Development Officer Grade-I opting to go as Panchayat Secretary Village Development Officer Grade-II will be considered as next category and posted in Panchayats with income next to the category created for Village Development Officer Grade-IHere also depending upon the number of Village Development Officer Grade-II, the number of Panchayats in this category will be decided and action taken to post Village Development Officer Grade-II any one of these Panchayats by the District Committee constituted as per the annexure enclosed.
Provided also that Village Development Officer Grade-III, Surplus Junior Assistants of the Revenue Department, Junior Assistants/Junior Assistants-cum-Bill Collectors and Bill Collectors of Panchayat Raj Department will all be treated as one category and the Panchayats with income next to the category created for Village Development Officer Grade-II will be considered for posting themThe number in this category would be decided by the District Level Committee constituted as per the annexure enclosed in terms of income of those Panchayats depending upon the personnel available for posting in this category.
Provided also that Panchayats with income less than the category mentioned in proviso third read above will be categorized into another category starting from the highest income Panchayat out of the left over PanchayatsQualified Village Administrative Officers will be posted in these PanchayatsThe number of Panchayats in this category would be decided in each district depending upon the number of personnel available out of the qualified Village Administrative Officers to be posted as Panchayat Secretary.
Provided also that all remaining Panchayats will be put in one category and the personnel drawn from the surplus manpower pool maintained by the Finance Department would be posted in these Panchayats.
Rule 4 Training
The members of the service shall undergo training as per requirements of the duties to be performed by them including field visits for such duration as may be prescribed by Government from time to time and the training will be imparted under supervision of the Andhra Pradesh Academy of Rural Development.
Rule5 Unit of Appointment and the Appointing Authority
For the purpose of appointment, transfer and other service regulations, the District shall be the unit and the Collector shall be the competent authority for appointment, postings and transfers for all the categories of posts specified in these Rules
Provided that a qualified Village Administrative Officer who has exercised his option shall be posted to a Gram Panchayat situated outside his native Mandal.
Provided further that the Commissioner of Panchayat Raj and Rural Employment shall be the authority competent to adjust personnel found surplus/deficit in each district and for redeployment in other Districts.
ANNEXURE 1 OPERATIONAL GUIDELINES FOR COLLECTORS FOR FILLING UP OF THE POST OF PANCHAYAT SECRETARY
ANNEXURE
OPERATIONAL GUIDELINES FOR COLLECTORS FOR FILLING UP OF THE POST OF PANCHAYAT SECRETARY
In the G.O.Ms.No. 369, PR &RD (Mdl.II) Department, dt. 12-12-2001 the post of the Panchayat Secretary is created. Collectors are requested to fill up the posts subject to the conditions laid down in the above G.O. and also following the operational guidelines issued hereunder.
1. A District Level Committee headed by Collector would be responsible for filling up of these posts. The following officers will be members of the District Level Committee.
D.R.O., C.E.O. (Z.P) and D.P.O.
D.P.O. will be the convenor of the Committee.
2. The District Level Committee will evolve criteria for positioning the Panchayat Secretaries from out of the categories mentioned in G.O.Ms.No. 369 under paras 9 and 10 subject to following conditions.
(a) The present Executive Officer (Pts.) Grade-I and Grade-II will be re-designated as Panchayat Secretary and retained in the same Panchayat.
(b) Qualified V.A.Os opting would be posted outside their Native Mandal.
(c) Provincialised JA/JABCs of P.R. Department would also be posted outside their native Mandal.
(d) V.D.O. Men and Women will be treated as one category and posted as Panchayat Secretaries.
(e) Panchayat Secretary would invariably be posted in Panchayats where un-qualified V.A.Os are still there or qualified V.A.Os have not opted to come as Secretaries (They will be re-designated as Part-time Assistants to Gram Panchayats).
(f) The Surplus Manpower information District-wise is herewith enclosed.
(g) Options and undertaking for Pension will be taken from qualified V.A.Os who are opting in the Format to be communicated by Revenue Department.
RULES FOR MOVING OF THE MOTION OF NO CONFIDENCE AGAINST UPA-SARPANCH OF THE GRAM PANCHAYAT, OR PRESIDENT OR VICE-PRESIDENT OF MANDAL PARISHAD, OR CHAIRMAN OR VICE-CHAIRMAN OF THE ZILLA PARISHAD
In exercise of the powers conferred by sub-sections (1) and (2) of Section 245 read with sub-section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following Rules for moving of the motion of no confidence against Upa-sarpanch of the Gram Panchayat, or President or Vice-President of Mandal Parishad, or Chairman or Vice-Chairman of the Zilla Parishad
Rule 1
A motion expressing want of confidence in the Upa-Sarpanch of the Gram Panchayat, or President or Vice-President of a Mandal Parishad, or Chairman of Vice-Chairman of a Zilla Parishad may be made in accordance with the procedure prescribed in these rules.
Rule 2
A notice of the intention to make the motion shall be made in Form-1, in Form-II and in Form-III annexed to these rules either in English or in Telugu or in Urdu language, signed by not less than one-half of the total number of members of the Gram Panchayat, Mandal Parishad, or Zilla Parishad as the case may be together with a copy of the proposed motion, and shall be delivered in person by any two of the members who signed such notice, to the Revenue Divisional Officer, Sub-collector or Assistant Collector as the case may be having jurisdiction in the case of Upa-sarpanch of a Gram Panchayat; or President and Vice-President of a Mandal Parishad; or to the District Collector in the case of Chairman and Vice-Chairman of Zilla Parishad as the case may be: Provided that no notice of motion under this rule shall be made within two years of the date of assumption of office by the person against whom the motion is sought to be moved; Provided further that no such notice shall be made against the same person more than once during his term of office.
Explanation :- For the purpose of this rule it is hereby clarified that:
(i) in the determination of one-half of the total number of members under this rule any fraction arrived at shall be construed as one;
(ii) the expression "total number of members" means all the members who are entitled to vote in the election to the office concerned inclusive of the Sarpanch, President or Chairman as the case may be but irrespective of any vacancy existing in the office of such members at the time of meeting:
Provided that a suspended office bearer or member shall also be taken into consideration for computing the total number of members and he shall also be entitled to vote in a meeting held under this rule.
Rule 3
The concerned officer specified in Rule 2 (hereinafter in this rule referred to as said officer) shall then convene and preside over a meeting for the consideration of the motion at the office of a Gram Panchayat, or at the Mandal Parishad, or at the Zilla Parishad, as the case may be, on a date appointed by him which shall not be later than thirty days from the date on which the notice under Rule 2 was delivered to him. He shall give to every member of Gram Panchayat Mandal Parishad or Zilla Parishad as the case may be the notice of not less than fifteen clear days excluding the date of the notice and the date of the proposed meeting, of such meeting in Form-IV, or in Form-V or in Form-VI annexed to these rules either in English or in Telugu or in Urdu language, whichever is applicable. Every such notice shall be delivered as specified below; namely :-
(a) by giving or tendering such notice to such member, or
(b) if such member is not found, by leaving such notice at his last known place of residence or business or by giving or tendering the same to some adult member or servant of his family; or
(c) if such member does not reside in the Gram Panchayat area or Mandal Parishad area; or within the District and if his address is known to the District Panchayat Officer/Chief Executive Officer/Collector or the Sarpanch of the Gram Panchayat to be elsewhere, by sending the same to him through registered post with Acknowledgement due; or
(d) if none of the means aforesaid is available or if the persons referred to in clauses (a) and (b) refuse to receive the notice, by affixing the same at some conspicuous part of his place of residence or business:
Provided that where the holding of such meeting is stayed by an order of a court, it shall be adjourned; and the said officer shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay and after giving to the members, a notice of not less than fifteen clear days excluding the date of the notice and the date of the proposed meeting of such adjourned meeting.
Rule 4
Save as otherwise provided, a meeting convened for the purpose of considering a motion under the said rule shall not be adjourned for any reason.
Rule 5
The meeting shall not be convened on a holiday.
Rule 6
The quorum for such meeting shall be two-thirds of the total number of members.
Explanation:- For the purpose of this rule it is hereby clarified that in the determination of two-thirds of the total number of members under this rule, any fraction arrived at shall be construed as one.
Rule 7
If within one hour after the time appointed for the meeting there is no quorum, the meeting shall stand dissolved and the notice given under Rule 2 shall lapse.
Rule 8
As soon as the meeting convened under the said rule commences, the said officer shall read to the members of the Gram Panchayat or the Mandal Parishad; or as the case may be to the members of the Zilla Parishad present in the meeting, the motion for the consideration of which the meeting has been convened and shall be put it to vote without any debate. The voting shall be by show of hands:
Provided that a member voting under sub-section (1) of Section 153 in disobedience of the party whip shall cease to hold office forthwith and the vacancy caused by such cessation shall be filled as a casual vacancy.
Rule 9
The said officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon.
Rule 10
A copy of the minutes of the meeting, together with a copy of the motion and the result of the voting thereon, shall be forwarded forthwith on the termination of the meeting, by the said officer to the Commissioner in the case of a Upa-Sarpanch of a Gram Panchayat or to the Government in the case of President or Vice-President of Mandal Parishad and the Chairman or the Vice- Chairman of a Zilla Parishad. The said officer shall also forward at the same time to every member of the Gram Panchayat/Mandal Parishad/Zilla Parishad a copy of the motion and the result of the voting thereon.
Rule 11
If the motion is carried with the support of not less than two-thirds of the total number of members as laid down under Explanation (ii) under the second proviso to Rule 2 above, in the case of a Upa-Sarpanch the Commissioner shall and in the case of the President or Vice-President or the Chairman or Vice-Chairman, the Government shall, by notification remove him from office and the resulting vacancy shall be filled in the same manner as a casual vacancy:
Provided that no election to the office of Upa-Sarpanch of a Gram Panchayat or President or Vice-President of a Mandal Parishad or the Chairman or the Vice-Chairman of a Zilla Parishad shall be held until and only after the notification removing the Upa- Sarpanch or President or Vice-President or Chairman or Vice- Chairman of the respective bodies as the case may be, is published.
Rule 12
The Commissioner, Panchayat Raj in respect of Gram Panchayat and the Government in respect of Mandal Parishad or Zilla Parishad, shall, by notification in the Andhra Pradesh Gazette, appoint any other officer to discharge the functions specified in these rules if for any reason the said officer is unable to discharge those functions. The said officer shall forward to such other officer a copy of the notice of motion referred to in Rule 2; and a copy of the notice of the meeting issued under Rule 3 and such other officer shall convene the meeting for the consideration of the motion. If for any reason the said officer is unable to preside at the meeting, such other officer shall preside at the meeting, and in such a case all the provisions of the rules applicable to the said officer shall apply to such other officer.
APPENDIX 1 FORM
FORM -
FORM - 1
To
The Revenue Divisional Officer,
Sub-Collector,
Assistant Collector.
Sir/Madam,
We, the undersigned members of Gram Panchayat.Mandal. District hereby give notice of our intention as required by sub-section (1) of Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) to make a motion expressing want of confidence in Sri/Smt./Kum. . Upa-Sarpanch of the said Gram Panchayat at a meeting to be specially convened for the purpose.
A copy of the motion proposed to be made is enclosed.
Signed at .on the. day of. 19
(1)
(2)
(3)
Delivered in person by Sarvasri (Name of two members).
Name Signature
(1)
(2)
Revenue Divisional Officer Sub-Collector Assistant Collector
APPENDIX 2 FORM
FORM -
FORM -2
To
The Revenue Divisional Officer
The Sub-Collector
The Assistant Collector
Sir/Madam,
We, the undersigned members of Mandal Parishad ............. Mandal ................ District hereby give notice of our intention as required by sub-section (1) of Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) to make a motion expressing want of confidence in Sri/Smt./Kum. ............................ Vice-President/President of Mandal Parishad at a meeting to be specially convened for the purpose.
A copy of the motion proposed to be made is enclosed.
Signed at ................. on the .................. day of ............. 19
(1)
(2)
(3)
Delivered in person by Sarvasri (Name of two members)
Name Signature
(1)
(2)
Revenue Divisional Officer Sub-Collector
Assistant Collector
APPENDIX 3 FORM
FORM -
FORM -3
To
The District Collector
Sir/Madam,
We, the undersigned members of Zilla Parishad ............... District hereby give notice of our intention as required by sub- section (1) of Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) to make a motion expressing want of confidence in Sri/Smt/Kum. ............................... Vice-Chairman/Chairman of Zilla Parishad at a meeting to be specially convened for the purpose.
A copy of the motion proposed to be made is enclosed.
Signed at ....................... on the ..................... day of ..................... 19
(1)
(2)
(3)
Delivered in person by Sarvasri (Name of two members)
NameSignature
(1)
(2)
District Collector
APPENDIX 4 FORM
FORM -
FORM - 4
To
Sri/Smt./Kum .
Member of the .Gram Panchayat
Sir/Madam,
Whereas a notice of intention to make a motion expressing want of confidence in the Upa-Sarpanch of Gram Panchayat has been delivered to me as required under sub-section (2) of Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994).
Now, therefore, under sub-section (1) of Section 245 of the said Act, I hereby give notice that a meeting of the Gram Panchayat shall be held at the office of the Gram Panchayat on. (date) at. (time) for considering the said motion of no-confidence. A copy of the proposed motion of no-confidence is enclosed.
Encl : 1
(Signature)
Revenue Divisional Officer
Sub-Collector
Assistant Collector
APPENDIX V FORM
FORM -
FORM - 5
To
Sri/Smt./Kum .........................
Member of .........................Mandal Parishad.
Sir/Madam,
Whereas a notice of intention to make a motion expressing want of confidence in the Vice-President/President of ......................... Mandal Parishad has been delivered to me as required under sub- section (2) of Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994)
Now, therefore, under sub-section (1) of Section 245 of the said Act, I hereby give notice that a meeting of the Mandal Parishad shall be held at the office of the Mandal Parishad on ......................... (date) at ......................... (time) for considering the said motion of no-confidence. A copy of the proposed motion of no-confidence is enclosed.
Encl: 1
(Signature)
Revenue Divisional Officer Sub-Collector
Assistant Collector
APPENDIX 6 FORM
FORM -
FORM - 6
To
Sri/Smt./Kum. .
Member of the Zilla Parishad .
Sir/Madam,
Whereas a notice of intention to make a motion expressing want of confidence in the Vice-Chairman/Chairman of .Zilla Parishad has been delivered to me as required under sub- section (2) of Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994)
New, therefore, under sub-section (1) of Section 245 of the said Act, I hereby give notice that a meeting of the Zilla Parishad shall be held at the office of the . Zilla Parishad on . (date) at. (time) for considering the said motion of no-confidence. A copy of the proposed motion of no-confidence is enclosed.
Encl : 1
(Signature)
District Collector
ANDHRA PRADESH PANCHAYAT RAJ [(POWERS AND FUNCTIONS OF GAZETTED EXTENSION OFFICERS) (PANCHAYAT RAJ AND RURAL DEVELOPMENT) GRADE-I AND EXTENSION OFFICERS (PANCHAYAT RAJ AND RURAL DEVELOPMENT)] RULES, 2001
In exercise of the powers conferred by clause (a) of sub-section (2) of Section 44 read with Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following rules, relating to the powers and functions of Gazetted Extention Officers (Panchayat Raj and Rural Development) Grade-I and Extention Officers (Panchayat Raj and Rural Development).
Rule 1 Short title
These rules may be called the Andhra Pradesh Panchayat Raj [(Powers and Functions of Gazetted Extention Officers) (Panchayat Raj and Rural Development) Grade-I and Extention Officers (Panchcyat Raj and Rural Development)] Rules, 2001.
1. The powers and Functions of Gazetted Extension Officers (Panchayat Raj and Rural Development Grade-I and Extention Officers (Panchcayat Raj and Rural Development) are as follows: POWERS:
(A) The Administrative Powers are specified below:
(1) He should review the tour Diary of Village Development Officers working in the Mandal;
(2) He should tour 20 days in a month and submit his tour Diary to the Mandal Parishad Development Officer every month;
(3) He will act as in-charge Mandal Parishad Development Officer in the absence of Mandal Parishad Development Officer under the orders of Chief Executive Officer, Zilla Parishad;
(4) He shall initiate performance reports of Village Development Officers working under the control of Mandal Parishad Development Officer;
(5) He shall exercise supervision and control and provide guidance to the Gram Panchayats and their Executive authorities in his jurisdiction;
(6) He shall inspect all non-notified Gram Panchayats in every half year, and see that defects pointed out by the Inspecting Officers are rectified by the Executive authorities, immediately within two months. He shall visit all the Gram Panchayats once in every quarter, once for inspection and once for rectification of defects, irrespective of other visits;
(7) He shall hold enquiries and submit reports to higher authorities on complaints of mal-administration in non-notified Gram Panchayats in his jurisdiction;
(8) He shall review regularly the implementation of Gram Panchayat work and progress of important schemes like Jawahar Gramina, Samruddi Yojana, Eleventh Finance Commission grants, Maintain necessary statistics about the working of Gram Panchayats including Jawahar Rozgar Yojana, Tenth Finance Commission (TFC) and other Government grants;
(9) He shall be responsible for the impelemention of all other directions and instructions issued by the higher authorities on the administration of Gram Panchayats;
(10) He shall submit reports to the Mandal Parishad Development Officer on the disqualification of members or Sarpanches of Gram Panchayats in his jurisdiction;
(11) He shall verify and prepare the list of casual vacancies of members and Sarpanches of Gram Panchayats in his jurisdiction and submit to Mandal Parishad Development Officer;
(12) He shall conduct the cursory inspection of notified Gram Panchayats in every month and submit reports, as per rules;
(13) He is the authority competent to sanction casual leave to the Executive Officers of Gram Panchayats.
(B) The Financial Powers are as specified below
(1) He is empowered to forward the proposals submitted by the Village Development Officers to the Mandal Parishad Development Officers after thorough scrutiny of them;
(2) He shall certify each proposal furnished by the Village Development Officers before recommending or rejecting them to the Mandal Parishad Development Officer;
(3) He shall be the Joint Signatory along with the Mandal Parishad Development Officers for the funds operated in grounding of Development Schemes;
(4) He shall extend co-operation to the Bankers in recovery of loans and also participate in Joint Mandal Level Bankers' meeting;
(5) He shall be responsible to intimate Mandal Parisahd Development Officer immediately on the occurrence of mis-utilisation of funds in different schemes implemented through Mandals;
(6) He shall guidance the Executive authorities of Gram Panchayats in the matter of preparation of annual budgets, administration reports, periodical returns, progress reports, replies to Audit reports, and execution of works;
(7) He shall assist the Gram Panchayats, wherever necessary in the matter of collection of taxes, fees and others amounts, due to the Gram Panchayats;
(8) He shall attend the auctions and sales conducted by the Gram Panchayats and authenticate the bid amounts, as per rules;
(9) He shall guide the Gram Panchayats in augmenting the resources of the Gram Panchayats to strengthen the financial position of Gram Panchayats;
(10) He should counter sign the travelling allowance bills of Sarpanches and Executive Officers of Gram Panchayats and their staff.
(C) He shall be responsible to arrange Programmes and undertaking Trainings
(1) He should attend all training programmes arranged at District level along with the Mandal Parishad Development Officer;
(2) He shall make efforts in publicity of scheme implemented in all Villages of that Mandal and also organise infrastructure; training and technology inputs for beneficiaries under Government Poverty Alleviation Programmes;
(3) He shall communicate latest information and technical knowledge of the implementation of Government Schemes to all Sarpanches and Mandal Parishad Territorial Constituency members;
(4) He shall feedback the views of Sarpanches on implementation of Government Schemes;
(5) He should arrange training to Sarpanches at Mandal Headquarters Bi-monthly with the Co-operation of Mandal Parishad Development Officer duly inviting District Officials of District Rural Development Authority (DRDA), Scheduled Caste (SC), Backward Caste (BC), Scheduled Tribes (ST) and Housing, etc., who are well versed with the subject for the implementation of Government Schemes effectively;
(6) He shall depute Village Development Officers for training arranged at District and Divisional level;
(7) He shall prepare plans, conduct surveys for all Government programmes;
(8) He shall motivate rural women for formulating Self Helf Groups (SHGs.);
(9) He shall plan marketing of Development of Women and Children in Rural Area (DWCRA) products.
(D) Co-ordination:
(1) He should maintain cordial relations with Mandal and District level sectorial officers for successful grounding of different schemes;
(2) He should also be in constant touch with the Bankers situated in the Mandal area;
(3) He should act as Liaison Officer between Sarpanches and Mandal Parishad Development Officer.
(E) General: He is responsible for effective communication and implementation of different public welfare Government schemes implemented through Mandal. He should be also a co-ordinator between officials and non-officials related to the Mandal activities.
ANDHRA PRADESH PROHIBITION OF ALLOWING OUTFLOW OF FILTH ON STREETS RULES, 2000
In exercise of the powers conferred by Section 93 read with sub-section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following Rules relating to "Prohibition of Allowing Outflow of Filth on Streets."
Rule 1 Short Title
These Rules may be called the Andhra Pradesh Prohibition of Allowing outflow of Filth on Streets Rules, 2000.
Rule 2 Prohibition against allowing out flow of filth
No person shall allow the water from any sink, drain, latrine, or stable or any other filth to flow out of such premises to any portion of a street except a drain or cess pool or to flow out of such premises in such manual as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of the street.
Rule 3 Prevention of outflow of filth and prosecution of offences
(1) The executive authority should serve a notice on such person who allows to flow any filth into the street and to prevent such flow within 24 hours, and if the person fails to comply with such requisition, he should protect the street from the outflow of the filth and take such measures to close the opening through which such filth is allowed to flow.
(2) In case there is any further recurrence the executive authority should inspect the premises and take such steps to check the outflow besides filing a prosecution against the person.
ORDER/SCHEME
REGISTRATION OF POLITICAL PARTIES AND ALLOTMENT OF SYMBOLS ORDER, 2001
An order to provide for the Registration of Political Parties and for allotment of Symbols at elections to local bodies constituted in pursuance of Parts IX and IX-A of the Constitution of India in Andhra Pradesh, and for matters connected therewith. Whereas, the superintendence, direction and control of all elections to local bodies in the State are vested by the Constitution of India and under the relevant laws relating to local bodies in the State, in the State Election Commission; And whereas it is necessary and expedient to provide, in the interests of purity of elections to the local bodies, and in the interests of conduct of such elections, in a fair and efficient manner, for the registration of political parties and for matters connected therewith; Now, therefore, in exercise of the powers conferred by Article 243-K read with Article 243-ZA of the Constitution of India, the State Election Commission, hereby, makes the following order
Order 1 Short title, extent, application and commencement
(1) This Order may be called the Registration of Political Parties and Allotment of Symbols Order, 2001.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It applies to all elections held to local bodies in the State, on party basis.
(4) It shall come into force with immediate effect.
PART 1 Preliminary
Order 2 Definitions
In this Order, unless the context otherwise requires,_
(1) 'Commission' means, the State Election Commission constituted under Article 243-K read with Article 243-ZA of the Constitution of India;
(2) 'Election Commission of India' means, the Election Commission of India constituted under Article 324 of the Constitution of India;
(3) 'local body' means,_
(a) a Gram Panchayat, Mandal Parishad or Zilla Parishad constituted under the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994);
(b) a Municipality or Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965); or
(c) a Municipal Corporation constituted under any law relating to Municipal Corporations for the time being in force in the State;
(4) 'paragraph' means a paragraph of this Order;
(5) 'political party' means a political party registered under this Order;
(6) 'recognised political party' means, a political party recognised as a National Party or as a State Party under the Election Symbols (Reservation and Allotment) Order, 1968, made by the Election Commission of India, and also registered by the Commission;
(7) 'registered political party' means, a political party registered with the Commission;
(8) 'State' means, the State of Andhra Pradesh;
(9) words and expressions used but not defined in this Order, but defined in the Andhra Pradesh Panchayat Raj Act, 1994, or the Andhra Pradesh Municipalities Act, 1964, or any law relating to Municipal Corporations, for the time being in force, in the State, or the rules made thereunder, shall have the meanings respectively assigned to them in those Acts; laws and rules.
PART 2 Registration of Political Parties
Order 3 Registration of Political Parties
(1) Any association or body of individual citizens calling itself a political party, or a political party already registered with the Election Commission of India, and intending to avail itself of the provisions of this Order, shall make an application to the State Election Commission for its registration as a political party for purposes of elections to local bodies in the State.
(2) Every application under sub-paragraph (1) shall be signed by the Chief Executive Officer of the association or body or political party (Whether such Chief Executive Officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post.
(3) Every such application shall contain the following particulars, namely :_
(a) the name of the association or body or political party;
(b) location of its head office;
(c) the address to which letters and other communications meant for it should be sent;
(d) the names of its President, Secretary, Treasurer and other office bearers;
(e) the numerical strength of its members, and if there are categories of its members, the numerical strength in each category;
(f) whether it has any local units; if so, at what levels;
(g) whether it is represented by any office-bearers or members in any of the local bodies in the State; if so, their number and particulars relating to the office they are holding and the local body concerned;
(h) whether it has already registered itself as a political party with the Election Commission of India, and if so, whether it is recognised as a National Party or a State Party;
(4)
(a) The application under sub-paragraph (1) shall be accompanied by a copy of the memorandum, or rules and regulations, of the association or body by whatever name called, duly signed by the President, Secretary and three other founder members, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.
(b) In the case of a political party already registered with the Election Commission of India, the application shall be accompanied by the documentary evidence of its registration with the Election Commission of India, symbol particulars and a certified copy of the party constitution, by whatever name called.
(5) The application shall also be accompanied by a declaration to the effect that the applicant has read and understood the provisions of this Order and that the political party sought to be registered by him shall abide by the provisions of this Order.
(6) The Commission may call for such other particulars, as it may deem fit from the association or body or political party.
(7) After considering all the particulars as aforesaid in its possession, and any other necessary and relevant factors, and after giving the representatives of the association or body or political party, a reasonable opportunity of being heard, the Commission shall decide either to register the association or body or political party, as a political party for the purposes of this Order, and subject to such restrictions and conditions as may, by order, be specified by the Commission, or not so to register it; and the Commission shall communicate its decision to the association or body or political party : Provided that, no association or body or political party shall be registered as a political party under this sub-paragraph unless the memorandum or rules and regulations of such association or body or the constitution of the political party conform to the provisions of sub-paragraph (4).
(8) The decision of the Commission shall be final.
(9) After an association or body or political party has been registered as a political party as aforesaid, _
(a) any change in its name, head office, office-bearers, address or in any other material matters shall be communicated to the Commission without delay;
(b) such associations or body or political party shall maintain true accounts of its income and expenditure, and particularly maintain separate accounts for the expenditure incurred in connection with local body elections, indicating details of the expenditure incurred on the general publicity of the party, and candidate-wise expenditure incurred for promoting the election of specific candidates set up or supported by the party in various elections to local bodies;
(c) a copy of the annual audited accounts of the party and a copy of the income-tax returns filed under the law for the relevant year shall be filed in the office of the Commission within a period of one year after the end of the relevant financial year;
(d) should observe the provision of the Model Code of Conduct for Local Body Elections issued by the Commission;
(e) follow or carry out the lawful directions and instructions of the Commission, given from time to time, with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and electorate in particular.
PART 3 Allotment of Symbols
Order 4 Allotment of Symbols
In every contested election, a symbol shall be allotted to a contesting candidate in accordance with the provisions of this Order, and different symbols shall be allotted to different candidates at an election in the same local body.
Order 5 Classification of Symbols
(1) For the purposes of this Order, symbols are either reserved or free.
(2) Save as otherwise provided in this Order, a reserved symbol is a symbol, which is reserved for a recognised political party or a registered political party for exclusive allotment to the contesting candidates set up by that party.
(3) A free symbol is a symbol, other than a reserved symbol.
Order 6 Choice and allotment of symbols
(1) A candidate set up by a recognised National Party at any election to the local-bodies in the State shall choose, and shall be allotted, the symbol reserved for that party by the Election Commission of India and no other symbol.
(2) A candidate set up by a recognised State party at any election to the local bodies in the State, whether such party is a State party in the State or not, shall choose, and shall be allotted the symbol reserved for that party by the Election Commission of India and no other symbol.
(3) A candidate set up by a registered political party at any election to the local bodies in the State shall choose, and shall be allotted the symbol reserved for that party by the Commission and no other symbol.
(4) In any election to the local bodies in the State, a reserved symbol shall not be chosen by, or allotted to, any candidate other than a candidate set up by a recognised or registered political party for whom such symbol has been reserved, even if no candidate has been set up by such party in such election.
Order 7 Choice of symbols by other candidates and allotment thereof
(1) Any candidate at an election to local bodies in the State, other than a candidate set up by a recognised political party, or a candidate set up by any registered political party, shall choose and shall be allotted in accordance with the provisions hereafter set out in this paragraph, one of the symbols specified as free symbols by the Commission.
(2) Where any free symbol has been chosen by only one candidate at such election, the Returning Officer/Election Officer shall allot that symbol to that candidate and to no one else.
(3) Where the same free symbol has been chosen by several candidates at such election, then, _
(a) if of those several candidates one of the candidates is, or was holding the same office, and was allotted that free symbol at the previous election to the same office, when he was chosen, the Returning Officer/Election Officer shall allot that free symbol to that candidate and to no one else; and
(b) if of those several candidates, no one is, or was, a sitting member, the Returning Officer/Election Officer shall decide by lot to which of those candidates that free symbol shall be allotted, and allot that free symbol to the candidate on whom the lot falls and to no one else.
Order 8 When a candidate shall be deemed to be set up by a political party
For the purpose of this Order a candidate shall be deemed to be set up by a political party if, and only if, _
(a) the candidate has made a declaration to that effect in his nomination paper;
(b) a notice in writing to that effect has, not later than 3-00 p.m., on the last day for making nominations in the prescribed form, been delivered to the Returning Officer/Election Officer of the constituency and the District Election Authority;
(c) the said notice is singed by the President or Secretary or any other office-bearer of the party who is authorised by the party to send such notice; and
(d) the name and specimen signature of such authorised person are communicated to the Returning Officer/Election Officer of the constituency and to the District Election Authority in the prescribed form not later than, 3-00 p.m., on the last date for making nominations.
Order 9 Power of Commission to suspend or withdraw registration of a political party for its failure to observe Model Code or follow lawful directions and instructions of the Commission
Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession, that a political party, registered under the provisions of this order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise
(a) to observe the provisions of the Model Code of Conduct for Local Body Elections, as amended from time to time,
(b) to abide by the provisions of this Order, or
(c) to follow or carry out the lawful directions and instructions of the Commission, given from time to time, with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the registration of such party.
Order 10 Notification containing lists of political parties and symbols
The Commission shall, by one or more notifications in the Andhra Pradesh Gazette, publish lists of recognised political parties and registered political parties along with the symbols reserved for each of them and also the list of free symbols for each office.
Order 11 Powers of Commission to issue instructions
The Commission, may issue instructions and directions_
(a) for the clarification of any of the provisions of this Order;
(b) for the removal of any difficulty which may arise in relation to the implementation of any such provisions; and
(c) in relation to any matter with respect to the reservation and allotment of symbols and registration of political parties, for which this Order makes no provision or makes insufficient provision, and provision is in the opinion of the Commission necessary for the smooth and orderly conduct of elections.
Order 12 Transitional Provision
The reservation of symbols made for every recognised or registered political party, by the Commission before the commencement of this Order, shall continue to be so, for a period of six months from the date of such commencement and if such party makes an application to the Commission for its registration under the provisions of this Order, within the said period of six months, till the disposal of such application by the Commission and where no such application is made within the said period, the reservation of symbol already made shall cease. |
