HYDERABAD MUNICIPAL CORPORATION ACT, 1955

2 OF 1956

 

An Act to re-enact the law relating to Municipal Corporations in the cities of Hyderabad and Secunderabad. Preamble :- Where it is expedient to re-enact the law relating the Municipal Corporations in the cities of Hyderabad and Secunderabad; Be it enacted in the Sixth Year of our Republic as follows

 

CHAPTER 1 : PRELIMINARY

 

SECTION 1 : Short title, extent and commencement

 

(1) This Act may be called the (Hyderabad Municipal Corporations Act, 1955) .

 

(2) It extends to the cities of Hyderabad and Secunderabad and shall come into force at once.

 

SECTION 2 : Definitions

 

In this Act unless there is anything repugnant in the subject or context,- (1) 'Bakery or bake-house' means any place in which bread, biscuits, or confectionery are baked, cooked or prepared in any manner whatsoever for the purpose of sale;

 

(2) 'budget grant' means the total sum entered on the expenditure side of a budget estimate under a major head and finally adopted by the Corporation;

 

(3) 'building' includes a house, out-house, stable, latrine, godown, shed, hut, wall, fencing, platform and any other structure whether of masonry, bricks, wood, mud, metal or of any other material whatsoever;

 

(4) 'business' includes any trade, commerce or manufacture, or an adventure or any concern in the nature of trade, commerce or manufacture;

 

(4a) 'ceiling limit' means the ceiling limit as specified in (Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976) .

 

(4aa) 'cattle' includes elephants, camels, buffaloes, horses, mares, goldings, penies,colts, fillies, mules, asses, pigs, rams, ewes, sheeps, lamps, goats and kids;

 

(5) 'cesspool' includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;

 

(6) 'city' means the area declared by the State Government by notification to be the City of Hyderabad or the City of Secunderabad, as the case may be;

 

(7) 'Commissioner' means the Municipal Commissioner for the city appointed under (Section 104) and includes an acting Commissioner appointed under (Section 110) ;

 

(8) 'company' means a company as defined in the (Companies Act, 1956) (Central Act I of 1956) or formed in pursuance of an Act of Parliament or of an Act of the Legislature of a State and includes any firm or association carrying on business in the Telangana area of the State of Andhra Pradesh whether incorporated, or its principal place of business it situate therein, or not;

 

(9) 'the Corporation' means the Municipal Corporation of the city;

 

(10) 'Member' means a person who is duly elected or deemed to be duly elected as a member of the Corporation under this Act;

 

(11) 'cubical contents' when used with reference to the measurement of a building means the space contained within the external surface of its walls and roof and the upper surface of the floor of its lowest storey, or where the building consists of one storey only, the upper surface of its floor;

 

(12) 'dairy' includes any firm, milk store, milk shop or other place from which milk is supplied only on or for sale or in which milk is kept for the purposes of sale, or manufactured into butter, cheese, curd or dried or condensed milk, for sale, and in the case of a dairy-man who does not occupy any place for the sale of milk, includes the place where he keeps the vessels used by him for the sale of milk, but does not include

 

(a) shop from which milk is not supplied other wise than in a properly closed and unopened vessel in which it was delivered to the shop; or

(b) a shop or other place in which milk is sold for consumption on the premises only;

 

(13) 'dairy-man' includes any occupier of a dairy, any keeper of milch-kine who trades in milk, or any person who sells milk whether whole-sale, or by retail;

 

(14) 'drain' includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water sullage, waste water, rain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejector, compressed air main, sealed sewage main and special machinery or apparatus for raising, expelling or removing sewage or offensive matter from any place;

 

(14a) 'drainage' includes all liquid discharges except sewage;

 

(15) 'eating house' means any premises to which the public or any section of the public are admitted and where food is prepared, supplied or sold for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises;

(15-a) 'election authority' means such officer or authority as may be appointed by the State Election Commission to exercise such powers and to perform such functions in connection with the conduct of elections to the Municipal Corporations;

 

(16) 'election tribunal' means a tribunal constitued under (Section 75) ;

 

(17) 'factory' means a factory as defined in the (Factories Act, 1948) , (63 of 1948) and includes any premises as also its precincts wherein an industrial, manufacturing or trade process is carried with the aid of steam, water, oil, gas, electricity or any other form of power which is mechanically transmitted and is not generated by human or animal agency;

 

(18) 'filth' means

 

(a) night soil or other contents of latrines, cesspools and drains;

(b) dirt, dung, refuse, useless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and

(c) putrid or purifying substance;

 

(18a) 'Finance Commission' means the Finance Commission constituted by the Governor under Article 243-I of the Constitution of India;

 

(19) 'financial year' means the year beginning on the first day of April or such other date as the Government may by notification appoint;

 

(20) 'food' includes every article other than drugs and water used by human beings for purposes of eating or drinking, any material or substance used or admixed in the composition, preparation, flavouring or colouring of such article and all confectionery, species and condiments;

 

(21) 'frame building' means a building, the external walls of which are constructed of timber framing or iron framing, and the stability of which depends on such frames;

 

(22) 'goods' includes animals;

 

(23) 'house-drain' means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communication with a municipal drain;

 

(24) 'house-gully' means a passage or strip of land constructed, set apart or utilized for the purpose of serving as a drain or for affording access to muncipal servants or to persons employed in the cleaning of a privy, urinal, cesspool or other receptacle for filth or polluted matter, or in the removal of such matter therefrom;

 

(25) 'hut' means any building which is constructed principally of wood, mud, leaves, grass, cloth or thatches and includes any temporary structure, of whatever size or material which the Corporation may for the purposes of this Act declare to be a hut;

 

(26) 'infectious disease' means cerebro-spinal fever, chicken- pox, cholera, diphteria, enteric fever, epidemic influenza, leprosy, measles, plague, rabies, scarlet fever, small-pox, tuberculosis, typhus, yaws, or any other disease which the Government may by notification declare to be prevalent either generally throughout State or City or in such part or parts thereof as may be specified in the notification;

 

(27) 'the judge' means in the cities of Hyderabad and Secunderabad, the Chief Judge, Court of Small Causes, Hyderabad and shall include a Sub-judge to whom such Judge may transfer in accordance with the provisions of this Act an application or appeal for disposal;

 

(28) 'land' includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street;

 

(29) 'licensed' means a person licensed under this Act;

 

(30) 'local authority' includes Municipal Corporation, City and Town Municipalities, District Boards and Cantonment Board;

 

(31) 'lodging-house' means a building or part of building where lodging with or without board or other service is provided for a monetary consideration;

 

(32) 'market' includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for livestock, meat, fish, fruit, vegetables, animals intended for human consumption or any other article of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business carried on, in or on the persons frequenting such place by the owner thereof or any other person;

 

(33) 'masonry building' means any building, other than a frame building or a hut and includes any structure a substantial part of which is made of masonry or of steel, iron or other metal;

 

(34) 'municipal building', municipal drain' municipal market', municipal slaughter house' or municipal water works' means a building, drain, market, slaughterhouse or water works as respectively vest in or are managed by the Corporation under this Act;

 

(35) 'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property of the public or of persons in general who dwell in the vicinity, or occasion to exercise a public right;

 

(36) 'occupier' includes

 

(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable.

(b) a rent-free tenant,

(c) licensee in occupation of land or building, and

(d) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

 

(37) 'octroi' means access levied on goods at the time of their entry into the limits of a City for purpose of consumption, use or sale therein;

 

(38) 'offensive matter' includes

 

(a) filth,

(b) sewage,

(c) dust, house-sweeping, spitting, including chewed betel and tobacco, kitchen or stable refuse, pieces of broken glass or pottery-debris and waste paper;

 

(39) 'owner' means

 

(a) when used with reference to any premises, the person who receives, the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let and includes

(i) an agent or trustee who receives such rent on account of the owner,

(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable or educational purposes;

(iii) a receiver, sequestrator or manager appointed by any court of competent jurisdicton to have the charge of or to exercise the rights of an owner of the said premises ; and

(iv) a mortgagee-in-possession; and

(b) when used with reference to any animal, vehicle or boat includes the person for the time being in charge of the animal, vehicle or boat;

 

(39a) 'population' or population as at the last census' with all its grammatical variations and cognate expressions means the population as ascertained at the last census of which all the relevant and necessary figures have been published;

 

(40) 'premises' includes messuages, buildings and lands of any tenure whether open or enclosed whether built on or not and whether public or private;

 

(41) 'prescribed' means prescribed by rules made by Government under this Act;

 

(42) 'private street' means any street, which is not a public street' but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises;

 

(43) 'privy' means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and the fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, an aquaprivy, a latrine and a urinal;

 

(44) 'public place' includes any park or garden, ground or any other place to which the public have or are permitted to have access;

 

(45) 'public securities' means

 

(a) securities of the Central Government or any State Government;

(b) stocks, debentures or shares, the interest whereon has been guaranteed by the Central or any State Government;

(c) debentures or other securities for money issued by or on behalf of any local authority;

(d) securities expressly authorised by any order which the Government makes in this behalf;

 

(46) public street' means any street over which the public have a right of way, whether a thoroughfare or not and includes

 

(a) a broadway over or a foot way attached to any public bridge or causeway, and

(b) the drain attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property, is private property or property belonging to Government;

 

(46a) '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;

 

(47) 'rack rent' means the amount of the annual rent for which the premises with reference to which the term issued might reasonably be expected to let from year to year as ascertained for the purpose of fixing the rateable value of such premises;

 

(48) 'rateable value' means the value of any building or land fixed in accordance with the provisions of this Act and the rules made thereunder for the purpose of assessment to property taxes;

 

(49) 'rubbish' includes dust, ashes, broken bricks, mortar waste, garden refuse and refuse of any kind which is not offensive matter or sewage;

 

(50) 'schedule' means the schedule annexed to this Act;

 

(51) 'sewage' means night soil and other contents of water closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle sheds and other like places and includes trade effluent and discharges from manufactories of all kinds;

 

(51a) 'State Election Commission' means the State Election Commission constituted in pursuance of Article 243-K of the Constitution of India;

 

(52) 'street' includes any highway, and any causeway, bridge, viaduct, arch, road, land, footway, sub-way, court, alley or riding path or passage, whether a thoroughfare or not and,when there is a foot way as well as a carriage way in any street, the said term includes both;

 

(53) 'sweetmeat shop' means any premises or part of any premises used for the manufacture, treatment or storing for sale, whether wholesale or retail, of any ice-cream, confectionery or sweetmeat of any kind whatsoever, for whomsoever intended and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises;

 

(54) 'trade effluent' means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises, meansany such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include sewage;

 

(55) 'vehicle' means a carriage, cart, van,dray, truck, handcart,bicycle-rickshaw, and every wheeled conveyance which is used or is capable of being used on a street but does not include a motor vehicle within the meaning of the (Motor Vehicles Act, 1939)

 

(55a) 'wards committee' means a wards committee constituted under Section 8-A;

 

(56) 'water closet' means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;

 

(57) 'water connection' includes:-

 

(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on any private property and connected with a water-main or pipe belonging to the Corporation; and

(b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe;

 

(58) 'water-course' includes any river, stream or channel;

 

(59) 'water for domestic purposes' shall not include water for cattle, or for horses, or for washing vehicles, when the cattle,horses, or vehicles are kept for sale or by a common carrier, and shall not include water for any trade, manufacture or business or for building purposes, or for watering gardens, or for fountains or for any ornamental or mechanical purposes;

 

(60) 'water works' includes a lake, stream, spring, well, pump

  

SECTION 3 : Constitution of Cities

 

(1) The areas included immediately before the commencement of this Act, in the Corporations of Hyderabad and Secunderabad shall respectively constitute the City of Hyderabad and the City of Secunderabad for the purposes of this Act:

 

Provided that nothing in this sub-section shall prevent the Government from establishing, with a view to secure efficiency and economy in the Municipal Administration, a single Corporation for Greater Hyderabad inclusive of the areas of two Cities aforesaid and the areas contiguous thereto on such terms and conditions as may be specified in a notification published in the Official Gazette in this behalf

 

(2) Government may, from time to time, after consultation with the Corporation, by notification in the Andhra Pradesh Gazette alter the limits of a City constituted under sub-section (1) so as to include therein or to exclude therefrom, the areas specified in the notification,

 

(3) The power to issue a notification under sub-section (2) shall be subject to previous publication.

 

CHAPTER 2 : MUNICIPAL CONSTITUTION MUNICIPAL AUTHORITIES

 

SECTION 4 : Municipal Authorities charged with the execution of the Act :-

 

The Municipal authorities charged with carrying out the provisions of this Act are:- (a) a Corporation;

 

(b) a Standing Committee ;

 

(c) a Commissioner;

 

(d) the Wards Committee;

 

SECTION 5 : Constitution of Corporation

 

(1) Subject to the provisions of Sub-section (2) the Corporation shall consist of

 

(a) in the City of Hyderabad sixty-six Members;

(b) in the City of Secunderabad twenty-eight Members;

(c) in the case of establishment of a single Corporation under the proviso to sub-section(1) of (Section 3), such number of Members as may be fixed by the Government, by notification in the Andhra Pradesh Gazette, from time to time, so however that the total number of Members of Members of the Corporation shall not exceed one hundred at any time.

 

(1A) Every Member of the Legislative Assembly of the State and every Member of the House of the People representing a ward of which the Corporation or a portion thereof forms part and every member of the council of state registered as an elector within the area of the Municipal Corporation shall be ex-officio Member of the Corporation;

 

Provided that a Member of the Legislative Assembly or a Member of the House of People representing a ward which comprises a portion of the Corporation and a part of any Municipality or Municipalities. and every Member of the Council of State registered as an elector within the area of the Municipal Corporation shall be ex-officio Member of the Corporation or of one such Municipalities, which he chooses and he shall also have the right to take part in the proceedings of any meetings of the other Municipal Councils or Corporation, as the case may be, within the ward, but shall not be entitled to vote at any such meeting.

 

(1B) In addition to the members referred to in sub-sections (1) and (1A) five persons of whom two shall be women having special knowledge or experience in Municipal Administration co-opted by the Corporation shall be ex-officio members.

 

Provided that the ex-officio Members co-opted under this sub-section shall have the right to speak in and otherwise to take part in the meetings of the Corporation but shall not have right to vote.

 

(1C) Two persons belonging to minorities to be co-opted as Members of the Corporation in prescribed manner by the members of the Corporation specified in sub-sections (1) and (1-A) from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age.

 

Provided that the member co-opted under this section shall have the right to speak in and otherwise to take part in the meetings of the Corporation without the right to vote.

 

(1D) No person shall be member in more than one of the categories specified in sub-sections (1), (1-A), (1-B) and (1-C). A person who is or becomes a member of the Corporation in more than one such category shall, by notice in writing signed by him and delivered to the Commissioner, within fifteen days from the date on which he so becomes a member, 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.In default of such intimation within the aforesaid period, his membership in the Corporation 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.

 

(2) In the Corporation out of the total strength of elected Members, the Government shall, subject to the rules as may be prescribed, by notification, reserve,

 

(a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Corporation, as the population of the Scheduled Castes, as the case may be, the Scheduled Tribes in the Corporation bears to the total population of the Corporation; and such seats may be allotted by rotation by different wards in the Corporation.

(b) one third of the seats for the members belonging to the Backward Classes;and such seats may be allotted by rotation to different wards in the Corporation: ...................

(c) not less than one-third of the total number of seats reserved under clauses (a) and (b) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;

(d) not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes. Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to the Corporation shall be reserved for women and such seats may be allotted by rotation to different Wards in Corporation;

 

(3) The Corporation shall, by the name of the Municipal Corporation of the City of ........... or in the case of establishment of a single Corporation under the proviso to sub-section (1) of (Section 3) , by the name of the Municipal Corporation of Hyderabad, be a body corporate and have perpetual succession and a common seal and may by such name sue and be sued.

 

Explanation:- In this section,

(i) the expression Scheduled Castes' and Scheduled Tribes' shall have the same meanings respectively assigned to them in clause (24) and clause (25) of Article 366 of the Constitution of India;

(ii) the expression Backward Classes' means any socially and educationally Backward Classes of citizens recognised by the Government for the purposes of clause (4) of Article 15 of the Constitution of India. x x x x

 

SECTION 6 : Term of office of Members

 

The term of office of elected membersshall, save as otherwise expressly provided in this Act, be five years from the date appointed for the first meeting of the Corporation under clause (b) of (Section 88)

 

and the last day of their term of office is in this Act referred to as the day for retirement; (3) An ex-officio Member shall hold office so long as he continues to be the member of the Legislative Assembly of the State or the Legislative Council of the State or the House of the People, as the case may be.

 

SECTION 7 : Election when to be held

 

(1) Every general election requisite for the purpose of this Act shall be held ................. in the manner prescribed, within three months before the day for retirement of the members as specified in (Section 6) .

 

(2) A casual vacancy in the office of a Ward Member shall be filled at a casual election which shall be fixed by the Election Authority to take place twice in a year, one in the month of April and another in the month of October; and every Member so elected shall enter upon office forthwith but shall hold office only so long as a Member in whose place he is elected would have been entitled to hold the office if the vacancy has not occurred:

 

Provided that no casual election shall be held to fill a vacancy occurring within three months before the date on which the term of office of the Ward Members expires by efflux of time and that such vacancy shall be filled at the next General Election of Corporation.

 

SECTION 8 : Division of Corporation into ward etc., for the purposes of election of Members

 

(1) For the purpose of election of Members to the Corporation, the Government shall, by notification in the Andhra Pradesh Gazette, divide the city into single member wards on the basis of population x x x so, however, that the city of Secunderabad shall be divided into not less than twenty such wards.

 

Provided that the wards notified under this sub-section shall until they are altered, continue to be in force.

 

(2) Each ward shall return only one member.

 

(3) Where a notification issued under Sub-section (1) results in the material alteration of the existing division of the city into wards, the Government may direct that the alteration shall take effect from the date of next ordinary elections.

 

(4) Where any local area within the jurisdiction of any other local authority is included in the city under (Section 3) , the local area shall be added to such adjoining ward or wards of the city, as the Government may direct.

 

(4A) Where any local area comprised in a Gram Panchayat constituted under the (Andhra Pradesh Panchayat Raj Act, 1964) is included in a Corporation, the Government may direct that the electoral roll relating to the said local area shall be adopted suitably for the purpose of elections under this Act, until an electoral roll for such area is prepared in accordance with the provisions of this Act.

 

(5) When a new ward is formed or when an existing ward is abolished, the Commissioner shall with the approval of the Government determine

 

(a) the wardwhich each elected Member then in the Corporation shall be deemed to represent ; and

(b) the ward or wards in which elections shall be held to fill up the vacancies, if any, in the Corporation.

 

SECTION 8A : Constitution powers and functions of the Wards Committees

 

(1) There shall be constituted by the Government, by order, such number of Wards Committees to the Corpo- ration as may be determined by them, so however, that each Wards Committee shall consist of not less than ten Wards:

 

Provided that in constituting Wards Committee the Government shall maintain geographical contiguity as far as possible.

 

(2) Each Wards Committee shall consist of the Members elected from the wards for which the Wards Committee is constituted;

 

Provided that such officers of the Corporation as the Commissioner may specify shall attend the meetings of the Wards Committee and shall have the right to speak in and otherwise to participate in the meetings of the Wards Committee, but shall not have the right to vote.

 

(3) The Chairperson of the Wards Committee shall be elected by the Members thereof from among themselves in the prescribed manner. He shall hold office for a period of one year from the date of election and shall be eligible for re-election.

 

(4) The Chairperson shall cease to hold office if he ceases to be a Member of the Wards Committee. Any casual vacancy in the of office of the Chairperson shall be filled by the election of another Chairperson from among the elected members of the Wards Committee, as soon as may be after the occurrence of the vacancy.

 

(5) The power and functions of the Wards Committee and the manner of conduct of business at its meetings shall be such as may be prescribed.

 

SECTION 9 : State Election Commission

 

The preparation of electroral rolls for, and the conduct of elections to Corporation shall be under the superintendence, direction and control of the State Election Commission.

 

SECTION 10 : Disqualification for registration in an Electoral roll

 

Xxxx

 

SECTION 11 : Conditions of Registration

 

Xxxx

 

SECTION 12 : Preparation, Revision and Publication of Electroral Roll for Corporation

 

(1)The xxx electoral roll for the Corporation shall be prepared by the person authorised by the State Election Commissioner in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Corporation shall come into force immediately upon its publication in accordance with the rules made by the Government in this behalf. The draft of the electoral roll for the Corporation shall consist of such part of the electoral roll for the Assembly Ward published under the (Representation on the People Act, 1950) as revised or amended under the said Act, upto the qualifying date, as relates to the cities of Hyderabad and Secunderabad or any portion thereof.

 

Provided that any amendment, transposition or deletion, of any entries 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), up to the date of election notification, for any election held under this Act shall be carried out in the elctoral roll of the Corporation and any such names included shall be added to the part relating to the concerned ward.

Explanation:- Where in the case of any Assembly Ward there is no district part of the electoral roll relating to the cities of Hyderabad and Secunderabad, all person whose named are entered in such roll under the registration area comprising the cities of Hyderabad and Secunderabad, and whose addresses as entered are situated in the cities of Hyderabad and Secunderabad shall be entitled to be included in the electoral roll for the Corporation prepared for the purpose of this Act

 

(2) The electoral roll for Corporation

 

(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 Mayor or Member of a Corporation; 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) or the electoral roll republished under Sub-section (8) shall be the electoral roll for the Corporation and shall remain inforce till a fresh electoral roll for the Corporation is published under this Section.

 

(4) The electoral roll for the Corporation shall be divided into as many lists as there are wards.

(5) Every person whose name appears in the list 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 list 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.

 

(7) Where, after the electoral roll for the Corporation or any alteration thereto has been published under this Act, the Corporation is divided into wards for the first time or any ward of the Corporation is altered or the limits of the Corporation are varied, the electoral authority shall, as soon as may be, after such division or alteration or variation, as the case may be, in order to give effect to the division of the Corporation into wards or to the alteration of the ward or to the variation of the limits, as the case may be, authorise a rearrangement and republication of the electoral roll for the Corporation or any list of such roll, in such manner as it may direct.

 

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 13 : Jurisdiction of Civil Courts barred

 

x x x

 

SECTION 14 : Making false declarations

 

x x x

 

SECTION 15 : Breach of Official Duty in connection with the preparation, etc., of Electoral Rolls

 

(1) If any officer or other person required by or under this Act to be perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.

 

(2) No suit or other legal proceeding shall lie against any such officer or other person for damages is respect of any such act or omission as aforesaid.

 

(3) No Court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the electoral authority.

 

SECTION 16 : Custody and preservation of list

 

(1) Three complete copies of the preliminary list for each ward and all statements submitted to the Commissioner shall be kept in the office of the Commissioner or at such other place as the State Election Commissioner may by order specify for a period of one year unless their retention for a longer period is ordered by the Government.

 

(2) All claims and objections to any preliminary list and, the decisions of the Revising Authority thereon shall be kept in the Office of the Commissioner or at such other place as the State Election Commissioner may by order specify until the completion of the next annual preparation of the list for such ward.

 

(3) Such number of copies of the final list for each ward as may be specified by the State Election Commissioner shall be kept in the office of the Commissioner or at such other place as the State Election Commissioner may by order specify until the final publication of the next list for such ward.

 

(4) One complete copy of the final list for each ward shall be kept for permanent deposit in such place as the State Election Commissioner may by order specify.

 

(5) All copies of the final list for each ward deposited under sub-section (3) or the copy of the final list for each ward deposited under sub-section (4) shall before deposit be duly authenticated by the Commissioner or any officer authorised by him in this behalf.

 

(6) Printed copies of the final ward list as deposited shall be available for sale to the public until the final publication of the next list for the ward to which it relates and thereafter such list may be disposed of in such manner as the authority with whom they are deposited may direct.

 

(7) Every person shall have a right to inspect the papers referred to in Sub-sections (1), (2) and (3) and to get attested copies thereof on payment of such fees as may be fixed by the State Election Commissioner.

 

SECTION 17 : Major corrupt practices

 

The following shall be deemed to be corrupt practices in connection with elections held under this Act. (1) Bribery, that is to say any gift, offer or promise by a candidate or his agent, or by any other person with the connivance of a candidate or his agent, or 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 from being a candidate at an election ; or

(b) a voter to vote or refrain from voting at an election, or as a reward to

(i) a person for having so stood or for having withdrawn his candidature; or

(ii) a voter for having voted or refrained from voting.

Explanation:- For the purposes of this clause the term gratification' is not restricted to pecuniary gratifications 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 bona fide incurred at, or for the purpose of, any election and duly entered in the return of election expenses.

 

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or his agent, or of any other person with the connivance of the candidate or his agent, with 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 therein who

(i) thereatens any candidate, or any voter, or any person in whom a candidate or a voter is interested, with injury of any kind including social ostracism and excommunication or explosion from any caste or community; or

(ii) induces or attempts to induce a candidate or a voter 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 voter within the meaning of this clause ;

(b) a declaration of public policy, or a promist of publication 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 procuring or abetting or attempting to procure by a candidate or his agent, or any other person with the connivance of a candidate or his agent, the application by a person for a ballot paper in the name of any other person whether living or dead, or in a fictitious name, or by a person for a ballot paper in his own name when, by reason of the fact that he has already voted in the same or some other ward he is not entitled to vote.

 

(4) The removal of a ballot paper from the polling station during polling hours by a candidate or his agent or by any other person with the connivance of a candidate or his agent.

 

(5) The publication by candidate or his agent, or by any other person with the connivance of the candidate or his agent of any statement of a fact which is false, any 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, being a statement reasonably calculated to prejudice the prospects of the candidate's election.

 

(6) The hiring or procuring whether on payment or otherwise, of any vehicle by a candidate or his agent or by any other person with the connivance of a candidate or his agent, for the conveyance of any voter other than the candidate himself, the members of his family or his agent or from any polling station or a place fixed for the poll:

 

Provided that the use of any public transport vehicle or railway carriage by any voter 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.

 

(7) The incurring or authorisation by a candidate or his agent of expenditure, or the employment of any person by a candidate or his agent, in contravention of this Act or of any rule made thereunder.

 

(8) 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 connivance of a candidate or his agent, any assistance for the furtherance of the prospects of the candidate's election from any person, serving under the Government of India or the State Government other than the giving of vote by such person.

 

Explanation:- For the purpose of this Section

(a) a person serving under the Government of India or the State Government shall not include a person who has been declared by the Central Government or, as the case may be, the State Government to be a person to whom the provisions of this clause shall not apply.

(b) 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 or a polling agent or a counting agent of the candidate.

 

SECTION 18 : Minor corrupt practices

 

The following shall also be deemed to be corrupt practices in connection with elections held under this Act:- (1) Any act specified in clauses (1) to (8) of (Section 17) , when done by person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent.

 

(2) The application by a person at an election for ballot paper in the name of any other person, whether living or dead, or in fictitious name, or for a ballot paper in his own name when, by reason of the fact that he has already voted in the same or some other ward he is not entitled to vote.

 

(3) 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 withdrawing from being a candidate; or

(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or for inducing or attempting to induce any voter to vote or refrain from voting or any candidate to withdraw his candidature.

Explanation:- For the purpose of this clause the term gratification' has the same meaning as is assigned to it in Clause (1) of (Section 17).

 

(4) The making of any return of election expenses which is false in any material or particular, or the making of a declaration verifying any such return.

 

(5) The systematic appeal to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious and national symbols, such as the national flag and the national emblem, for the furtherance of the prospects of a candidate's election.

 

SECTION 19 : Illegal practices

 

The following shall be deemed to be illegal practices for the purposes of this Act:- (1) The incurring or authorisation by any person other than a candidate or his agent of expenses on account of holding any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever, for the purpose of promoting or procuring the election of the candidate, unless he is authorised in writing so to do by the candidate.

 

Explanation:- Any such expenses as aforesaid incurred or authorised by any institution or organisation for the furtherance of the prospects of the election of a candidate supported by such institution or organisation shall not be deemed to be expenses incurred or authorised within the meaning of this clause.

 

(2) The hiring, using or letting, for the purpose of any meeting to which voters are admitted, of any building, room or other place where intoxicating liquor is sold to the public.

 

(3) The issuing of any circular, placard or poster having a reference to the election which does not bear on its face the name and address of the printer and publisher thereof.

 

SECTION 20 : Disqualification for voting

 

(1) Any person who has been convicted under (S.171E OF THE INDIAN PENAL CODE, 1860) or (S.171F OF THE INDIAN PENAL CODE, 1860) of the (Indian Penal Code, 1860) shall for five years from the date of such conviction be disqualified from voting at any election of the Corporation.

 

(2) Any person who has been found guilty of any corrupt or illegal practice in election held under this Act, or any other law for the time being in force, shall be disqualified from voting at any election of the Corporation for a period of six or four years respectively from the date on which the person is found so guilty.

 

(3) If default is made in making the return of the election expenses of any candidate who has contested the election held under this Act or if such return is found either upon the trial of an election petition or by any Court in a judicial proceeding, to be false in any material particular, the candidate shall be disqualified for voting at any election of the Corporation for a period of five years from the date by which the return was required to be lodged.

 

(4) Any disqualification under Sub-sections (1), (2) and (3) may be removed by Government for reasons to be recorded in writing :

 

Provided that any removal of disqualification under this Sub-section shall not qualify a person to vote or to be elected as a member in any by-election held during the period for which, but for such disqualification he would have been continued as a Member.

 

SECTION 21 : Qualification for being elected as a Member

 

(1) Subject to the provisions of this Act a person who is registered in any ward list, and who is not less than twenty one years of age, shall be qualified to be elected as a Member for any of the wards in the city.

 

(2) Any person who ceases to be Member shall if qualified, under Sub-section (1) and not otherwise disqualified be eligible for re-election as such.

 

SECTION 21A : General disqualification

 

A person shall be disqualified for being chosen as, or for being a Member of a Corporation 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 concerned: Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.

 

SECTION 21B : Person having more than two children to be disqualified

 

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 Municipal Laws (Second Amendment) 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 children he had on the date 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 22 : Disqualification for being a Member

 

(1) Subject to the provisions of this Act, a person shall be disqualified for being elected as a Member if such person is at the date of election:-

 

(a) one who has been sentenced by any Court to imprisonment or for an offence involving moral turpitude x x x x, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted or altered to transportation or imprisonment :

Provided that, on the expiry of such sentence the disqualification incurred under this clause shall cease ;

(b) is of unsound mind and stands so declared by a competent Court, a deafmute or a leper ;

(c) holds any office or place of profit under Government or under the Corporation or under any local authority :

Provided that nothing in this clause shall apply to a person, who, for the time being, is holding the office of the Chairman of an Urban Development Authority for the development area comprising the Corporation, constituted under sub-section (1) of (S.3 of the Andhra Pradesh Urban Areas (Development) Act, 1975);

(d) is an undischarged insolvent;

(e) holds any judicial office with jurisdiction within the limits of the city;

(f) is employed as paid legal practitioner on behalf of the Corporation, or accepts employment as legal practitioner against the Corporation ;

(g) having been a legal practitioner he has been dismissed or is under suspension by order of the High Court on any of the following grounds; the disqualification in the latter case being operative during the period of suspension ;

(i) a criminal offence implying a moral defect of character,

(ii) being guilty of fraudulent conduct.

(h) subject to the provisions of sub-section (2) has directly or indirectly, by himself or his partner or if he belongs to a Joint Hindu Family, by any member of such family, and share or interest in any contract or has employment with, by or on behalf of the Corporation ;

(i) has been dismissed from the service of the Government, Corporation or any local authority for misconduct and has been declared by a competent authority to be not eligible for further employment in the public service ;

(j) having contested the election under this Act as a candidate, has failed to lodge a return of election expenses within the time and in the manner prescribed unless five years have elapsed from the date by which it ought to have been lodged or the Government have removed the disqualification ;

(k) had been disqualified for voting under (S.20 Of the Andhra Pradesh Urban Areas (Development) Act, 1975), unless such periods has elapsed for which he was disqualified for voting.

 

(2) A person shall not be deemed to have incurred disqualification under clause (h) of Sub-section (1) by reason only of his

 

(a) receiving pension from the Corporation ;

(b) having any share or interest in

(i) any lease, sale, exchange or purchase of land or any agreement for the same;

(ii) any agreement for the loan of money or any security for the payment of money only ;

(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted ;

(iv) any Joint Stock Company or any Society registered or deemed to be registered under the (Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952)

(Act XVI of 1952) which shall contract with or be employed by the Commissioner on behalf of the Corporation ;

(v) the occasional sale to the Commissioner on behalf of the Corporation of any article in which he regularly trades to a value not exceeding in the aggregate in any financial year rupees five thousand ; or

(vi) the occasional letting out on hire to or hiring from the Corporation of any article for an amount not exceeding in the aggregate in any financial year rupees one thousand.

(c) occupying as a tenant for the purpose of residence any premises belonging to the Corporation.

 

SECTION 23 : Disqualification for continuing as Member

 

(1) A Member shall cease to be a Member if he

 

(a) is or becomes subject to any of the disqualifications specified in Section 22 ;

(b) ceases to reside in the City ;

(c) fails to pay arrears of any kind due by him, otherwise than in a fiduciary capacity, to the Corporation, within three months the date of service of a notice requiring payment thereof issued by the Commissioner, which it shall be his duty to issue and cause to be served at the earliest convenient date ;

(d) absents himself at more than three consecutive meetings of the Corporation unless leave so to absent himself, which shall not exceed months, has been granted by the Corporation or absents himself for over six consecutive months from meetings of the Corporation ;

Provided that no meeting from which a Member absents himself shall be counted against him under this clause, if due notice of that meeting was not given to him ;

Provided further that nothing in this clause shall apply to an ex-officio Member.

Explanation :- A special meeting held under clause (d) of (Section 88)

and a meeting called upon written requisition under clause (h) of (Section 88)

shall not be deemed to be a meeting within the meaning of this clause.

 

(2) When a Member ceases to be a Member under clause (d) of Sub-section (1), the Commissioner shall at once intimate the fact in writing to such Member and report the same to the Corporation at its next meeting. If such Member applies for restoration of office to the Corporation on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, whichever is later, the Corporation may at the meeting next after the receipt of such application or suo moto at the said meeting restore him to his office as Member;

 

Provided that a Member shall not be so restored more than twice during his term of office.

 

SECTION 23A : Section

 

x x x x

 

SECTION 23B : Section

 

x x x x

 

SECTION 23C : Section

 

x x x x

 

SECTION 23D : Authority to decide Questions of Disqualifications of Members and Mayor

 

(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a member has not qualified or has become disqualified under (Section 21) , (Section 21A) , (Section 22) or (Section 23) and the Commissioner has given intimation of such allegation to the member and such member disputes the correctness of the allegation so made or where any member himself entertains any doubt whether or not he has become disqualified under any of those Sections,:

 

(a) such member or any other member may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, and

(b) the Commissioner shall, either on the direction of the member with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad.

 

(2) x x x x

 

(3) The said judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified and his decision shall be final.

 

(4) Pending such decision, the member shall be entitled to act as if he was not disqualified.

 

SECTION 24 : Notification to call upon wards

 

For the purpose of holding elections under this Act the State Election Commissioner shall by one or more notifications published in the Andhra Pradesh Gazette, ....... call upon all the wards to elect members in accordance with the provisions of this Act and of rules and orders made thereunder, before such date or dates as may be specified in the said notification or notifications; Provided that for the purpose of holding election under Sub-section (1) of (Section 7) no such notification shall be issued at any time earlier than four months prior to the day for retirement of the Members.

 

SECTION 25 : Returning Officer for each ward

 

For each ward there shall be a Returning Officer who shall be such officer as the Commissioner, may, with the approval of the State Election Commissioner, designate or nominate ; Provided that nothing in this Section shall prevent the Commissioner from designating or nominating the same officer to be Returning Officer for more than one ward.

 

SECTION 25A : Returning Officer for Corporation

 

Such officer as the Commissioner may, with the approval of the State Election Commissioner designate shall be the returning officer for election to office of Mayor of the Corporation.

 

SECTION 26 : Assistant Returning Officer

 

(1) The Commissioner with the approval of State Election Commissioner may appoint one or more officers to assist any Returning Officer designated either under (Section 25) or (Section 25A) in the performance of his functions.

 

(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer :

 

Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer, which relate to the to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said functions.

 

SECTION 27 : Returning Officer to include Assistant Returning Officer performing the functions of the Returning Officer

 

Reference in this Act to the Returning Officer shall, unless the context otherwise requires, be deemed to include an Assistant Returning Officer performing any function which he is authorised to perform under Sub-section (2) of (Section 26)

 

SECTION 28 : General duty of the Returning Officer

 

It shall be the general duty of the Returning Officer at any election held under this Act to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and rules or orders made thereunder.

 

SECTION 29 : Provision of polling stations for wards

 

The Returning Officer for each ward shall, with the previous approval of the Commissioner, provide a sufficient number of polling stations for such ward, and shall publish in such manner as the Commissioner may, direct, a list showing the polling stations so provided and the polling areas for which they have respectively been provided.

 

SECTION 30 : Appointment of presiding officers for polling stations

 

(1) The Returning Officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election;

 

Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the Returning Officer, accordingly.

 

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made thereunder.

 

(3) If the presiding officer, owing to illness of other unavoidable cause is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by Returning Officer to perform such functions during any such absence.

 

(4) References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorised to perform under Sub-section (2) or sub-section (3), as the case may be.

 

SECTION 31 : General duty of the Presiding Officer

 

It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.

 

SECTION 32 : Duties of a polling officer

 

It shall be the duty of the polling officer at a polling station to assist the presiding officer for such station in the performance of his functions.

 

SECTION 33 : Appointment of dates of nominations, etc.

 

As soon as the notification calling upon a ward to elect a Member or Members is issued under this Act, the State Election Commissioner shall, by notification in the Andhra Pradesh Gazette, appoint (a) the last date for making nominations, which shall be a date not later than the tenth day after the date of publication of the first mentioned notification not earlier than the fourth day after the date of publication of the notification under this Section;

 

(b) the last date for the scrutiny of nominations, which shall be a date not later than the third day after the date for making nomination;

 

(c) the last date for the withdrawal of candidatures, which shall be not earlier than the third day after the date for the scrutiny of nominations ; and

 

(d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the twelfth day after the last date for the withdrawal of candidatures ;

 

SECTION 34 : Symbols for election to the offices of members or the Mayor

 

The State Election Commissioner shall, as soon as may be, after the issue of notification under (Section 33), by notification in the Andhra Pradesh Gazette, specify the symbols including the symbols reserved for a recognised political party for exclusive allotment to contesting candidates set up by that party, that may be chosen by the candidates contesting at an election to the office of a member or the Mayor and restrictions to which their choice shall be subject. 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 35 : Public notice of election

 

On the issue of a notification under (Section 33)

 

the Returning Officer for the ward shall give public notice of the intended election in Form 7 of Schedule A inviting nominations of candidates for such elections and specifying the place at which the nomination papers are to be delivered. The aforesaid notice shall subject to any general or special directions issued in that behalf by State Election Commissioner be published in such manner, in such language or languages and in such places as the Returning Officer thinks fit.

 

SECTION 36 : Presentation of nomination paper and requirements for a valid nomination

 

(1) On or before the date appointed under clause (a) of (Section 33) each candidate shall, either in person or by his proposer between the hours of eleven O' clock in the afternoon and three O' clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under (Section 34) a nomination paper in Form 8 of Schedule A and subscribed by the candidate himself as assenting to the nomination and by the person referred to in Sub-section (2) as proposer.

 

(2) Any person whose name is registered in the ward list and who is not subject to any disqualification mentioned in (Section 10) may subscribe as proposer to as many nomination papers as there are vacancies to be filled but not more ;

 

Provided that if the name of a person is entered more than once in the ward list or is included in two or more ward lists of the same class, such person shall not be entitled to subscribe as proposer more than one nomination paper for each vacancy to be filled in that ward or in not more than one of such wards of the same class.

 

(3) Every nomination paper delivered under Sub-section (1) shall be accompanied by such declarations as may be prescribed and no candidate shall be deemed to be duly nominated unless all such declarations are delivered along with the nomination paper :

 

Provided that in a ward where any seat is reserved for Scheduled Castes, Scheduled Tribes or as the case may be, backward class, a candidate shall not be deemed to be qualified to be chosen to that seat, unless his nomination paper contains a declaration by him specifying the particular caste or as the case may be the tribe or tribal community of which he is a member and the area in relation to which that caste is a Scheduled Caste or is backward class or the tribe or tribal community is a Scheduled Tribe.

 

(4) Every nomination paper delivered under Sub-section (1) shall be also accompanied by a declaration in writing specifying the particular symbol which the candidate has chosen for his first preference out of the list of symbols for the time being in force and also specifying two other symbols out of that list which he has chosen for his second and third preferences respectively ;

 

Provided that the choice to be made by a candidate under this Section shall be subject to such restrictions as the State Election Commissioner may think fit to impose in this behalf.

 

(5) Any nomination paper, which is not received before three O' clock in the afternoon on the last date appointed under clause (a) of (Section 33) shall be rejected.

 

(6) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and serial numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the wardList.

 

Provided that the Returning Officer may

(a) permit any clerical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the ward list ; and

(b) where necessary, direct that any clerical or printing error in the said entries shall be overlooked.

 

(7) If at the time of the presentation of the nomination paper the Returning Officer finds that the name of the candidate is not registered in the list of the ward for which he is the Returning Officer, he shall for the purposes of Sub-section (5) require the person presenting the nomination to produce either a copy of the ward list of the ward or ward for which he is the Returning Officer, or he shall for the purpose of Sub-section (6) require the person presenting the nomination paper to produce either a copy of the ward List in which the name of the candidate is included or a certified copy of the relevant entries in such list.

 

(8) Nothing in this Section shall prevent any candidate from being nominated by more than one nomination paper for election in the same ward.

 

SECTION 37 : Deposits

 

(1) A candidate shall not be deemed to be duly nominated unless he deposits or causes to be deposited a sum of rupees five hundred in the case of the office of Mayor and rupees two hundred in the case of the office of the member,

 

(a) Where the candidate is a member of any of the Scheduled Castes or Scheduled Tribes the amount to be deposited by him or on his behalf shall be rupees two hundred and fifty only in the case of the office of Mayor and rupees hundred only in the case of office of the member.

(b) Where a candidate has been nominated by more than one nomination paper for election in the same ward not more than one deposit shall be required of him under this sub-section;

 

(2) Any sum required to be deposited under Sub-section (1) shall not be deemed to have been deposited under that Sub-section unless at the time of delivery of the nomination paper under Sub-section (1) of (Section 36) the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the State Bank of Hyderabad or a Government Treasury.

 

SECTION 38 : Notice of nominations and the time and place for their scrutiny

 

The Returning Officer shall, on receiving the nomination paper under Sub-section (1) of (Section 36), inform the person delivering the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on, and the hour at, which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the person who has subscribed to the nomination paper as proposer.

 

SECTION 39 : Scrutiny of nominations

 

(1) On the date fixed for the scrutiny of nominations under (Section 33) , the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the Returning Officer may appoint, and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in (Section 36) .

 

(2) The Returning Officer shall then examine the nomination paper and shall decide all objections which may be made to any nomination, and may, either on such objections or on his own motion, after summary inquiry, if any, as the thinks necessary, reject any nomination on any of the following grounds:-

 

(a) that the candidate is not qualified to be elected under this Act, or

(b) that the candidate is disqualified for being elected under this Act ; or

(c) that a proposer is disqualified from subscribing a nomination paper under Sub-section (2) of (Section 36); or

(d) that there has been any failure to comply with any of the provisions of (Section 36)

or (Section 37); or

(e) that the signature of the candidate or any proposer is not genuine or has been obtained by fraud.

 

(3) Nothing contained in Clause (c), Clause (d) or Clause (e) of Sub-section (2) shall be deemed to authorise the rejection of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.

 

(4) The Returning Officer shall not reject any nomination paper on the ground of any technical defect which is not of substantial character.

 

(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under Clause (b) of (Section 33) and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:

 

Provided that in case an objection is made the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.

 

(6) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.

 

(7) For the purposes of this section a certified copy of an entry in the ward list for the time being in force, shall be conclusive evidence of the fact that the person referred to in that entry is a voter for that ward unless it is proved that he is subject to a disqualification mentioned in (Section 10) .

 

(8) Immediately after all the nomination papers have been scrutinised and decision accepting or rejecting the same have been recorded, the Returning Officer shall, prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix the same to his notice board.

 

SECTION 40 : Withdrawal of candidature

 

(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as are contained in Form 9 of Schedule A and shall be subscribed by him and delivered before three O' clock in the afternoon on the day fixed under Clause (c) of (Section 33) to the Returning Officer either by such candidate in person or by his proposer or election agent who has been authorised in this behalf in writing by such candidate :

 

Provided that if that day is a public holiday or has been notified by the Government as a day to be observed as a holiday in Government Offices in the State, the notice of withdrawal of candidature shall be considered as having been delivered in due time if it is delivered before three O' clock in the afternoon on the next succeeding day which is neither such a public holiday nor a day so notified.

 

(2) No person who has given a notice of withdrawal of his candidature under Sub-section (1), shall be allowed to cancel the notice.

 

(3) The Returning Officer shall, on receiving a notice of withdrawal under Sub-section (1), as soon as may be thereafter, cause a notice of the withdrawal to be affixed in some conspicuous place in his office.

 

SECTION 41 : Publication of list of contensting candidates

 

(1) Immediately after the expiry of the period within which candidatures may be withdrawn, the Returning Officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the final list of validy nominated candidates and who have not withdrawn their candidature within the said period.

 

(2) The said list shall contain the names in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed.

 

SECTION 42 : Section

 

x x x x

 

SECTION 43 : Appointment of election agents

 

(1) Every person nominated as a candidate at an election may in such manner as may be prescribed appoint in writing some other person to be his election agent.

 

(2) When a candidate appoints some person to be his election agent he shall obtain in writing the acceptance by such person of the office of such election agent.

 

SECTION 44 : Disqualification for being an election agent

 

No person shall be appointed as an election agent who is disqualified from being a member under (Section 22)

 

SECTION 45 : Revocation of the appointment, or death, of an election agent

 

(1) Any revocation of the appointment of an election agent, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer.

 

(2) In the event of such a revocation or the death of an election agent whether that event occurs before or during the election or after the election but before the return of candidate's election expenses has been lodged in accordance with the provisions of (Section 68) , the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.

 

SECTION 46 : Other functions of the election agents

 

Every election agent shall perform such functions in connection with each election for which he is appointed election agent as are required to be performed by or under this Act by such agent.

 

SECTION 47 : Appointment of polling agents

 

A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents of such candidate at each polling station at the place fixed and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.

 

SECTION 48 : Appointment of counting agents

 

A contesting candidate or his election agent may appoint in the prescribed manner one agent and no more to be present as his counting agent at the counting of votes, and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.

 

SECTION 49 : Revocation of the appointment, or death, of a polling agent or counting agent

 

(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of polling agent before the close of the polling, the candidate or his election agent may appoint another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to Returning Officer.

 

(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the Returning Officer.

 

SECTION 50 : Functions of polling agents and counting agents

 

(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act to be performed by a polling agent.

 

(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or order this Act to be performed by a counting agent.

 

SECTION 51 : Candidate and his election agent to perform the functions of polling agent or counting agent

 

(1) At every election where a poll is taken, each candidate at such election and his election agent shall have a right to be present at any polling station provided under (Section 29) for the taking of the poll.

 

(2) A candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such candidate, if appointed, would have been authorised by or under this Act, to do, or may assist any polling agent or the counting agent of such candidate in doing any such act or thing.

 

SECTION 52 : Non-attendance of polling or counting agents

 

When any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non- attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

 

SECTION 53 : Death of candidate before poll

 

If a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Commissioner and the State Election Commissioner and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election ; Provided that no further nomination shall be necessary in the case of a candidate whose monimation was valid at the time of the countermanding of the poll :

 

Provided further that no person who has under Sub-section (1) of (Section 40) given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

 

SECTION 54 : Procedure in contested and uncontested elections

 

(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.

 

(2) If the number of such candidates is equal to the number of seats to be filled, the Returning Officer shall forthwith declare all such candidates to be duly elected to fill those seats.

 

(3) If the number of such candidates is less than the number of seats to be filled, the Returning Officer shall forthwith declare all such candidates to be duly elected to fill those seats and the Commissioner shall, by notification in the Andhra Pradesh Gazette call upon the ward to elect a person to fill the seat before such date as may be appointed in this behalf by the State Election Commissioner and specified in the notification.

 

(4) If the number of contesting candidates qualified to be chosen to fill the reserved seats is less than the number of such seats ;

 

(a) all those candidates shall be forthwith declared to be duly elected to fill reserved seats ;

(b) the procedure laid down in (Section 54)

shall be followed for filling the seats other than the reserved seats ; and

(c) the State Election Commissioner shall, by notification in the Andhra Pradesh Gazette call upon the ward to elect a persons to fill the remaining reserved seat or seats before such date as may be appointed in this behalf in this behalf by the State Election Commissioner and specified in the notification.

 

(5) In this Section, reference to candidates shall be constructed as references to candidates who were duly nominated and who have not withdrawn their candidatures in the manner and within the time specified in Sub-section (1) of (Section 40) .

 

SECTION 55 : Section

 

x x x x .

 

SECTION 56 : Eligibility of members of Scheduled Castes, Scheduled Tribes, Backward Classes and women to non-reserved seats

 

For the removal of doubts it is hereby clarified that nothing in this Act shall be deemed to prevent members of the Scheduled Castes or the Scheduled Tribes or the Backward Classes or Women, for whom seats are reserved from standing for election to the non-reserved seats in the Corporation

 

SECTION 56A : Reservation of office of members to cease after certain date

 

The provisions of (Section 5) and (Secton 8) relating to the reservation of office of member for the Schedule Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.

 

SECTION 57 : Fixing time for poll

 

The State Election Commissioner shall fix the hours during which the poll shall be taken, and the hours so fixed shall be published in the A.P. Gazette and in such manner as the State Election Commissioner may direct : Provided that the total period allotted on any one day for polling at election in a may ward shall not be less than eight hours.

 

SECTION 58 : Adjournment of poll in emergencies

 

(1) If at an election the proceedings at any polling station provided under (Section 22) are interrupted or obstructed by any riot or open violence, of if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to notified later and where the poll is so adjourned by a presiding officer, he shall forthwith inform the Commissioner.

 

(2) Whenever a poll is adjourned under Sub-section (1) the Commissioner shall immediately report the circumstances to the State Election Commissioner and shall, as soon as may be, with the previous approval of the State Election Commissioner, appoint the day on which the poll shall recommence and fix the polling station or place at which, and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.

 

(3) In every such case as aforesaid, the Commissioner shall notify, in such manner as the State Election Commissioner, may direct, the date, place and hours of polling under Sub-section (2).

 

SECTION 59 : Fresh poll in the case of destruction, etc., of Ballot Boxes

 

(1) If at any election any ballot box is unlawfully taken out of the custody of the Returning Officer or of any Presiding Officer, or is in any way tampered with, or is either accidentally or intentionally destroyed or lost, the election to which such ballot box relates shall be void, but only in respect of the polling at the polling station or stations under (Section 29) at which such ballot box was used and no further.

 

Provided that where a polling station has more than one polling booth and any such ballot box as aforesaid was used at one of such polling booths, the election to which such ballot box relates shall be void in respect of the polling at the polling booth at which such box was used and no further.

 

(2) Whether the polling at any polling station or at any polling booth shall become void under Sub-section (1), the Returning Officer shall, as soon as practicable after the act or event causing such avoidance has come to his knowledge report the matter to the Commissioner. The Commissioner with the previous approval of the State Election Commissioner, shall appoint a day for the taking of a fresh poll in such polling station or in such polling booth, as the case may be, and fix the hours for the taking of such poll, and shall not count the votes cast at such election until such poll shall have been completed.

 

(3) In every such case as aforesaid the Returning Officer shall take a fresh poll in such polling station or in such polling booth as aforesaid on the day so appointed by him, and shall notify the day so appointed and the hours of polling so fixed by him in such manner as the State Election Commissioner may direct, and the provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.

 

SECTION 60 : Manner of voting at elections

 

At every such election where a poll is taken vote shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.

 

SECTION 60A : 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 as the State Election Commission may, having regard to the circumstances of each case, specify. Explanation :_For the purpose of this section, 'voting machine' means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.

 

SECTION 61 : Right to vote

 

(1) No person whose name is not, and except as expressly provided by this Act, every person whose name is, for the time being, entered in the ward list shall be entitled to vote in that ward.

 

(2) No person shall vote at a general election in more than one ward and if a person votes in more than one such ward his vote in all such wards shall be void.

 

(3) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in that ward list more than once, and if he does so vote, all his votes in that ward shall be void.

 

(4) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of police.

 

Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.

 

SECTION 62 : Section

 

x x x x

 

SECTION 63 : Counting of votes

 

At every election where a poll is taken, votes shall be counted by, or under the supervision of the Returning Officer, and each candidate, his election agent and his counting agent, shall have a right to be present at the time of counting.

 

SECTION 64 : Equality of votes

 

If after the counting of the votes is completed, an equality of vote is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

 

SECTION 65 : Declaration of results

 

When the counting of the votes has been completed, the Returning Officer shall forthwith declare the result of the election in the manner prescribed.

 

SECTION 66 : Report of the result

 

As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Commissioner and State Election Commissioner who shall cause to be published in the Andhra Pradesh Gazette the declarations containing the names of the elected candidates.

 

SECTION 66A : Date of election of candidate

 

For the purpose of this Act, the date on which a candidate is declared to be duly elected by the Returning Officer under the provisions of (Section 54) or (Section 65 , shall be the date of the election of that candidate.

 

SECTION 67 : Prohibition of simultaneous representation

 

(1) If a person is elected by more than one ward he shall, by notice in writing signed by him and delivered to the Commissioner within the prescribed time, choose any one of the wards which he shall serve and the choice shall be final.

 

(2) When any such choice has been made the ward or the wards other than the ward which such person has chosen to serve shall be called upon to elect another person or persons.

 

(3) If the candidate does not make the choice referred to in Sub-section (1), the election of such person shall be void an all the wards concerned shall be called upon to elect another person or persons.

 

SECTION 68 : Return of election expenses

 

(1) Within 45 days of the publication of the result of the election in the Andhra Pradesh Gazette under (Section 66) there shall be lodged with the Returning Officer in respect of a candidate who has contested the election, a return of the election expenses signed by him and his election agent, if any appointed.

 

(2) Every such return shall be in such form and shall contain such particulars as may be prescribed, and shall be accompanied by declarations in Form 10 of Schedule A by the candidate and his election agent, if any, made on oath or solemn affirmation before a magistrate.

 

(3) Notwithstanding anything in this Section, where owing to absence from the city a candidate is unable to sign the return of election expenses and to make the required declaration, the return shall be signed and lodged by the election agent, if any, and shall be accompanied by a declaration by the election agent only, and the candidate shall, within fourteen days after his return to the city, cause to be lodged with the Returning Officer a declaration made on oath or solemn affirmation before a magistrate in such form as may be prescribed.

 

SECTION 69 : Maximum election expenses etc.

 

The maximum scales of election expenses at elections and the accounts thereof and the numbers and descriptions of persons who may be employed for payment in connection with the elections shall be such as may be prescribed.

 

SECTION 70 : Government may make rules for the conduct of elections

 

(1) Subject to the provisions of this Act, the Government may make rules, for the preparation of electoral roll for the Corporation, correction of entries and inclusion of names therein, appeals in relation thereto and conduct of elections.

 

(2) In particular and without prejudice to the generality of the foregoing power, the Government shall make rules in respect of the following matters.

 

(a) the appointment of polling stations for each ward;

(b) the appointment of polling officers and other persons to assist at the poll and for the remuneration of such polling officers and other persons for their services;

(c) the hours during which polling stations shall be open for the recording of votes;

(d) the printing and issue of voting papers;

(e) the checking of voters by reference to the municipal list of voters;

(f) the manner in which votes are to be given and in particular for the case of illiterate voters or of voters under physical or other disability;

(g) enabling a member of the Armed Forces of the Union to whom the provisions of clause (b) of Explanation to (Section 9)

apply to give his vote by postal ballot;

(h) enabling any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner at an election in a ward where a poll is taken subject to the fulfilment of such requirements as may be prescribed;

(i) marking with indelible ink of the thumb or any other finger of every voter who applies for a ballot paper for the purposes of voting at a polling station before delivery of such paper to him and for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger so as to prevent personation of voters;

(j) the procedure to be followed in respect of challenged votes, or tender of votes by persons representing themselves to be electors, after other persons have voted as such electors;

(k) the scrutiny of votes;

(l) the safe custody of ballot papers and other election papers, for the period for which such papers shall be preserved and for the inspection and production of such papers; and may make such other rules regarding the conduct of the elections as it thinks fit.

 

SECTION 70A : Requisitioning of premises and vehicles for election purposes

 

(1) If it appears to the Government that in connection with any election held under this Act:-

 

(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or

(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 Government 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 them 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 the election of such candidate shall be requisitioned under this sub- section until the completion of the poll at such election.

 

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.

 

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

 

Explanation:- For the purpose of this section premises ', mean any land, building or part of a building and include a hut, shed or other structure or any part thereof; and vehicle ' means, any vehicle used, for the purpose of road transport,whether propelled by mechanical power or otherwise.

 

SECTION 70B : Payment of compensation

 

(1) Whenever in pursuance of (Section 70A) , the Government requisition any premises, there shall be paid to the person interested compensation the amount of which shall be determined by taking into consideration the following namely:

 

(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;

(ii) if in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any incidental to such change:

Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine;

Provided further that where there is any dispute as to the title to receive compensation or as to apportionment of the amount of the compensation, it shall be referred by the Government to an arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such arbitrator.

Explanation :- (1) In this sub-section the expression person interested' means the person who was in actual possession of the premises requisitioned under (Section 70A)

immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

 

(2) Whenever in pursuance of (Section 70A) , the Government requisition any vehicle, there shall be paid to the owner thereof compensation, the amount of which shall be determined by the Government on the basis of the fares or rates prevailing in the locality for the hire of such vehicles:

 

Provided that where the owner of such vehicle, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine;

Provided further that where immediately before the requisitioning, the vehicle was, by virtue of a hire purchase agreement, in the possession of a person, other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Government in this behalf may decide.

 

SECTION 70C : Power to obtain information

 

The Government may, with a view to requisitioning any property under (Section 70A) or determine the compensation payable under (Section 70B), 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 70D : Eviction from requisitioned premises: -

 

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under (Section 70A) may be summarily evicted from the premises by any officer empowered by the Government in this behalf.

 

(2) Any officer so empowered may, after giving to any women 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 70E : Penalty for contravention of any order regarding requisitioning

 

If any person contravenes any order made under (Section 70A) or (Section 70C), he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

 

SECTION 70F : Delegation of powers of the Government

 

The Government may,by notification in the Andhra Pradesh Gazette, or subject to such restrictions and conditions as may be specified therein, delegate to any officer, or any authority all or any of the powers vested in them by (Section 70A) to (Section 70D) (both inclusive), and may, in like manner, withdraw any powers so delegated.

 

SECTION 70G : Appointment of Special Officer

 

(1) Notwithstanding anything contained in this Act, where in the opinion of the Government it is not possible to hold the elections to the Corporation in accordance with the provisions of this Act, before the date of expiration of the term, and to bring the newly elected Councillors into office on the date of expiration of the term as aforesaid, .......... the Government may, by notification appoint a Special Officer to exercise the powers, perform the duties and discharge the functions of,---

 

(a) the Corporation,

(b) the Standing Committee, and

(c) the Commissioner, under the Act, for a period which shall not exceed three and half years from the date of such appointment.

Provided that the State Government may, from time to time, by notification in the Andhra Pradesh Gazette and for reasons specified therein extend the said period of appointment of Special Officer beyond three and half years, for a further period or periods so however that the period of appointment of the Special Officer shall not, in the aggregate exceed eleven years.

 

(2) The State Government shall cause elections to be held to the Corporation under the principal Act, so that the newly elected Councillors may come into office on such date as may be specified by the State Government in this behalf by a notification, in the Andhra Pradesh Gazette:

 

Provided that the State Government may, from time to time, advance or postpone the date specified under this sub-section and fix instead another date:

Provided further that the date fixed under this sub-section shall be the date on which the appointment of the Special Officer expires.

 

(3) The Special Officer shall exercise the powers, perform the duties and discharge the functions of the Corporation until the elected Councillors come into office, of the Standing Committee until a Standing Committee is appointed by the Corporation, and of the Commissioner until a Commissioner is appointed by the State Government, as the case may be, and any such officer may, if the State Government so direct, receive remuneration for his service from the Municipal Fund.

 

SECTION 71 : Election Petition

 

(1) x x x x No election held under this Act shall be called in question except by an election petition which shall be presented in such manner as may be prescribed.

 

(2) An Election petition calling in question any election may be presented on one or more of the grounds specified in clauses (i) and (ii) of (Section 79) and (Section 80) to the Election Tribunal by any candidate at such election or any voter, within two months from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidate at the election and the dates of the election are different is the latter of those two dates.

 

SECTION 72 : Parties to the Petition

 

A petitioner shall join as respondents to his petition:- (a) where the petitioner claims a declaration under clause (b) of (Section 74) , all the contesting candidates other than the petitioner and in any other case all the returned candidates; and

 

(b) any other candidates against whom allegations of any corrupt or illegal practice are made in the petition.

 

SECTION 73 : Contents of Petition

 

(1) An election petition:-

 

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of each such practice; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.

 

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

 

SECTION 74 : Relief that may be claimed by the Petitioner

 

A Petitioner may claim any one of the following declarations:- (a) that the election of the returned candidate is void

 

(b) that the election of the returned candidate is void and that himself or any other candidate has been duly elected;

 

(c) that the election as a whole is void.

 

SECTION 75 : Election Tribunal

 

The Government shall appoint any person who is or has been or is eligible to be appointed as Judge of the High Court as an Election Tribunal ( hereinafter referred to as the Tribunal'') for trial of petitions in respect of an election under this Act. This Tribunal shall deal with such petitions and proceedings in connection therewith in the prescribed manner.

 

SECTION 76 : Power of the Tribunal

 

The Tribunal shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908( Central Act 5 of 1908) when trying a suit, in respect of the following matters: (a) discovery and inspection;

 

(b) enforcing the attendance of witnesses, and requiring the deposits of their expenses;

 

(c) compelling the production of documents;

 

(d) examining witnesses on oath;

 

(e) granting adjournments;

 

(f) reception of evidence taken on affidavit and;

 

(g) issuing commissions for the examination of witnesses and may summon and examine suo motu any person whose evidence appears to it to be material; and shall be deemed to be a Civil Court within the meaning of (S.480 OF THE ANDHRA PRADESH URBAN AREAS DEVELOPMENT ACT, 1975) and (S.482 of the Code of Criminal Procedure, 1973) (Central Act 5 of 1898).

 

SECTION 77 : Decision of Tribunal

 

At the conclusion of the trial of an election petition, the Tribunal shall make an order (a) dismissing the election petition; or

 

(b) declaring the election of the returned candidate to be void; or

 

(c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected; or

 

(d) declaring the election to be wholly void.

 

SECTION 78 : Other orders to be made by the Tribunal

 

(1) At the time of making an order under (Section 77) , the Tribunal shall also make an order-

 

(a) where any charge is made in the petition of any corrupt or illegal practice having been committed at the election, recording

(i) a finding whether any corrupt or illegal practice has or has not been proved to have been committed by or with the connivance of any candidate or his agent at the election, and the nature of that corrupt or illegal practice; and

(ii) the name of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice and the nature of that practice, together with any such recommendations as the Tribunal may think proper to make for the exemption of any person from any disqualification which he may have incurred in this connection under (Section 20)

and in respect of any disqualification arising out of failure to lodge return of election expenses with reference to clause (1) of (Section 22).

(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:

Provided that no person shall be named in the order under sub-clause (ii) of clause (a) unless

(i) he has been given notice to appear before the Tribunal and to show cause why he should not be so named; and

(ii) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the Tribunal and has given evidence against him, of calling evidence in his defence and of being heard.

 

(2) Any order as to costs under clause (b) of sub-sec. (1) may include a direction for payment of costs to the Advocate General, Government Pleader or any other Pleader attending the trial.

 

SECTION 79 : Grounds for declaring election to be void

 

(1) If the Tribunal is of opinion that the election has not been a free election by reason that bribery, undue influence or group intimidation has extensively prevailed at the election, the Tribunal shall declare the election as a whole to be void; x x x x

 

Explanation:- In this section:-

(a) the expressions bribery' and undue influence' have the meanings given to them in (Section 17); and

(b) the expression group intimidation' means any interference or attempt to interference by a community, group or section with the free exercise by another community, group or section of the right to vote or refrain from voting by intimidation, coercion, social or economic boycott, threat of such boycott or other similar means.

 

(2) Subject to the provisions of sub-section (3), if the Tribunal is of opinion-

 

(a) that the election of a returned candidate has been procured or induced or the result of the election has been materially affected, by any corrupt or illegal practice; or

(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the connivance of a returned candidate or his agent; or

(c) that the result of the election has been materially affected by the improper reception or refusal of a vote or by the reception of any vote which is void; or by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act or of any other Act or rules relating to election, or by any mistake in the use of any prescribed form;

(d) that on the date of his election a returned candidate was disqualified to be elected as a Member under this Act; the Tribunal shall declare the election of the returned candidate to be void.

 

(3) If in the opinion of the Tribunal, a returned candidate has been guilty, by an agent other than his election agent, of any corrupt practice specified in (Section 18) , but the Tribunal is satisfied that

 

(a) no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the sanction or connivance of the candidate or his election agent;

(b) all such corrupt practices were of a rival and limited character or took the form of customary hospitality which did not affect the result of the election;

(c) the candidate and his election agent took all reasonable means for preventing the commission of corrupt or illegal practices at the election; and

 

(d) in all other respects the election was free from any corrupt or illegal practice on the part of the candidate or any of his agents; then the Tribunal may decide that the election of the returned candidate is not void.

 

SECTION 80 : Grounds for which a candidate other than the returned candidate may be declared to have been elected

 

If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claims a declaration that he himself or any other candidate has been duly elected and the Tribunal is of opinion- (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

 

(b) that but for the votes obtained by the returned candidate by corrupt or

 

illegal practices, the petitioner or such other candidate would have obtained a majority of the valid votes; the Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

 

SECTION 81 : Procedure in case of an equality of votes

 

If during the trial of an election petition it appears there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then- (a) any decision made by the Returning Officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purpose of the petition; and

 

(b) in so far as that question is not determined by such a decision, the Tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

 

SECTION 82 : Communication of orders of the Tribunal and the transmission of the records of the case to the Commissioner

 

The Tribunal shall send a copy of its orders made under (Section 77) or (Section 78), unless an appeal is preferred therefrom, in which case, a copy of the order of the High Court, along with the records of the case, to the Commissioner.

 

SECTION 83 : Appeal against order of Tribunal

 

An appeal from an order passed by the Tribunal under (Section 77)

 

and (Section 78)

 

shall lie to the High Court and shall be heard by a bench consisting of not less than two judges: Provided that no such appeal shall be heard by the High Court unless it is filed within thirty days from the date of the order of the Tribunal.

 

SECTION 84 : Orders of the Tribunal to be final and conclusive

 

Every order of the Tribunal made under this Act and unless an appeal is preferred therefrom to the High Court under (Section 83) shall be final and conclusive.

 

SECTION 85 : Orders when to take effect

 

An order of the Tribunal under (Section 77) or (Section 78) shall take effect immediately after the expiry of the period of appeal unless an appeal is preferred therefrom, in which case the order of the High Court shall take effect as soon as it is pronounced.

 

SECTION 86 : Reference to the Election Tribunal

 

(1) Whenever it is alleged that any person who has been elected as a Member is disqualified under (Section 20) , sub-section(1) of (Section 21) or (Section 23) and such person does not admit the allegation, or whenever any member is himself in doubt whether or not he has become disqualified for office under (Section 20) or sub-section(1) of (Section 21) or (Section 23) , such Member or any other Member may,and the Commissioner shall, in accordance with the directions of the Corporation, apply to the Tribunal for a decision.

 

(2) The Tribunal after making such inquiry as it deems necessary, shall determine whether or not such person is disqualified under (Section 20) , sub-section (1) of (Section 21) or (Section 23) and its decision shall be final.

 

(3) Pending such decision, the Member shall be entitled to act as if he were not disqualified.

 

SECTION 87 : Procedure when no member is elected

 

(1) If at a general election or bye-election no Member is elected, a fresh election shall be held on such date as the State Election Commissioner may fix in this behalf.

 

(2) The term of office of a Member elected under sub-section (1) shall expire at the time at which it would have expired if he had been elected at the general election or bye-election, as the case may be.

 

SECTION 88 : Provisions regulating the corporation's proceedings

 

The Corporation shall meet for the despatch of business and shall from time to time, make such bye-laws with respect to the summoning, notice, place, management and adjournment of such meetings, and generally with respect to the mode of transacting and managing the business of the Corporation including the submission, asking and answering of questions under (Section 122)

 

as they think fit, subject to the following conditions:- (a) the ordinary meeting in the month immediately preceeding the month in which the first meeting referred to in clause (b) is held not later than the twentieth day of the month so preceding:

 

(b) the first meting after general elections shall be held within a month of the publication of the declarations under (Section 66) on such day and at such time and place as the Commissioner may fix;

 

(c) the day, time and place of meeting shall in every other case be fixed by the Mayor, in his absence by the Deputy Mayor and in the absence of both the Mayor and the Deputy Mayor by the Chairman of the Standing Committee;

 

(d) the Mayor or in his absence the Deputy Mayor, or in the absence of both the Mayor and Deputy Mayor the Chairman of the Standing Committee may whenever he thinks it, and shall, upon a written requisition signed by not less than one-sixth of the whole number of Members or by not less than four members of the Standing Committee, call a special meeting;

 

(e) every meeting shall be open to the public, unless a majority of the members present thereat decide by a resolution which shall be put by the presiding authority, of his own motion or at the request of any member present without previous discussion, that any inquiry or deliberation pending before the Corporation is such as should be held in private, and provided that the presiding authority, may at any time cause any person to be removed who interrupts the proceedings;

 

(f) if at any time during a meeting it shall be brought to the notice of the presiding authority that the number of members present inclusive of the presiding authority, falls short of one-fourth of the whole number of members, the presiding authority shall adjourn the meeting to some other day, fixing such time and place for the same as he shall think convenient, and the business which remains undisposed at such meeting shall be disposed of at the adjourned meeting, or, if the latter meeting should be again adjourned, at such adjourned meeting, whether there is a quorum or not;

 

(g) x x x Every meeting shall be presided over by the Mayor and in his absence by the Deputy Mayor or in the absence of both the Mayor and the Deputy Mayor by such one of the members present as may be chosen by the meeting to be the Chairman for the occasion.

 

(h) at least seven clear days' notice shall ordinarily be given of every meeting, other than adjourned meeting, but in cases of urgency such meeting may be called, except for the purpose of considering an annual budget-estimate, in pursuance of a written requisition signed by not less than four members of the Standing Committee, upon a notice of not less than three clear days, of adjourned meetings such previous notice shall be given as shall be practicable having regard to the period of the adjournment;

 

(i) every notice of a meeting shall specify the time and place at which such meeting is to be held and the business to be transacted thereat other than questions under (Section 122) and shall be given by the Municipal Secretary in the manner prescribed.

 

(j) any Member who desires at any meeting to bring forward any business, other than any questions under (Section 122) or to make any substantive proposition, which is not already specified in the notice of such meeting, shall give written notice of the same to the Municipal Secretary at least three clear days before the day fixed for the meeting; and a supplementary announcement of the business of propositions, of which notice has been so given, shall be given by the said Secretary in the manner practicable not later than the day previous to the meeting.

 

(k) except at a meeting called on a requisition of urgency or at the discussion at any meeting of a budget estimate, no business shall be transacted at any meeting other than the business specified in the notice given under clause (i) and any questions asked under (Section 122) or urgent business not specified in the said notice which the Standing Committee, or the Commissioner deem it expedient to bring before the meeting, and no substantive proposition shall be made or discussed which is not specified in the said notice or in the supplementary announcement, if any, given under clause (j) or which is not in support of the recommendation of the Standing Committee, or the Commissioner as the case may be, with reference to any urgent business brought by any of those authorities, respectively before the meeting;

 

Provided that no such urgent business as aforesaid shall be brought before any meeting unless at least three-fourths of the members present at such meetings, such three-fourths being not less than one-sixth of the whole number of members, assent to its being brought forward thereat;

 

(l) at a meeting called on a requisition of urgency and during the discussion at any meeting of a budget-estimate no business shall be transacted and no substantive proposition shall be made or discussed which does not directly relate to the business for which the urgent meeting was called, or to the budget-estimate as the case may be, and no proposition involving any change in the taxes which the Standing Committee proposes to impose or an increase or decrease of any item of expenditure in a budget-estimate shall be made or discussed at any meeting at which such budget-estimate is under consideration,unless such proposition is specified in the notice of the meeting given under clause (i) or in the supplementary announcement, if any, given under clause (j) or unless, in the case of an adjourned meeting, each of the conditions mentioned in the proviso to clause (m) has been fulfilled;

 

(m) any meeting may, with the consent of a majority of the members present be adjourned from time to time, but no business shall be transacted and, except as is hereinafter provided, no proposition shall be discussed at any adjourned meeting other than the business and propositions remaining undisposed of at the meeting from which the adjourned meeting took place:

 

Provided that at any adjourned meeting at which a budget-estimate is under consideration a proposition involving any change such as is described in clause

(1) may be made and discussed, notwithstanding that such proposition is not one remaining undisposed of at the meeting from which the adjournment took place if each of the following conditions had been fulfilled, namely-

(i) that written notice of such proposition has been given at the meeting from which the adjournment took place;

(ii) that the adjournment has been for not less than two clear days; and

(iii) that a special announcement of the proposition has been given by the Municipal Secretary who shall be bound to give such announcement in the manner practicable not latter than the day previous to the adjourned meeting;

 

(n) a minute of the proceedings at every meeting and showing the names of the members present thereat shall, on the day following the meeting, or as soon thereafter as may be, drawn up and fairly entered by the Municipal Secretary in a book to be provided for this purpose and shall be signed at, by the presiding authority, of the next ensuing meeting; and the said minute book shall at all reasonable times be open at the Chief Municipal Office to inspection by any member free of charge, and by any other person on payment of a fee of eight annas;

 

(o) a member shall not vote or take part in the discussion of any matter before a meeting or ask any question concerning any matter in which he is,directly or indirectly, by himself or by his partner, professionally interested on behalf of a client, principal or other person;

 

(p) every question other than the question whether the Standing Committee or the Commissioner shall be permitted to bring urgent business before a meeting without notice, shall be decided by a majority of votes of the members present and voting on that question, the presiding authority having a casting vote when there is an equality of votes;

 

(q) a declaration by the presiding authority that a proposition has been carried and an entry to that effect in the minute book shall, unless a poll be demanded at the time of such declaration by any member, be conclusive evidence of the fact, without proof of the number of votes given for or against the proposition.

 

(r) when a poll is taken, the vote of each member present and voting upon the proposition shall be taken by tellers appointed by the presiding authority and the names of the members voting respectively for or against the proposition shall be recorded in the minute book;

 

(s) the Commissioner shall have the same right of being present at a meeting of the Corporation and of taking part in the discussions thereat as a member and with the consent of the presiding authority may at any time make a statement or explanation of facts,but he shall not vote upon, or make any proposition at such meetings;

 

(t) the Corporation may require any officer of the Corporation to attend any meeting or meetings of the Corporation at which any matter dealt with by such officer in the course of his duties is being discussed. When any officer is thus required to attend any such meeting, he may be called upon to make a statement or explanation of facts or supply such information in his possession relating to any matter dealt with by him as the Corporation may require.

 

SECTION 89 : Powers to order withdrawal of Member

 

(1) The presiding authority shall preserve order and may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting of the Corporation. Any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's meeting. If any member is ordered to withdraw a second time within 15 days, the presiding authority may suspend the member from attending the meetings of the Corporation and of any committee for any period not exceeding 15 days and the member so directed shall absent himself accordingly;

 

Provided that the presiding authority may remit the period of suspension on apology being made to his satisfaction by the member under suspension.

 

(2) The presiding authority may, in the case of grave disorder arising in the meeting suspend the meeting for a period not exceeding three days.

 

SECTION 90 : Election and term of Office of the Mayor

 

(1) (a) The Mayor of the Corporation shall be elected by the persons whose names appear in the electoral roll for the Corporation from among themselves, in the manner prescribed;

(b) If at any election held under this sub-section no Mayor is elected a fresh election shall be held:

Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected as Mayor, he shall cease to hold the said office of Mayor unless, within fifteen days from the date of election to the said office, he ceases to be a Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, and if a Mayor subsequently becomes a Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, he shall cease to hold the said office of Mayor unless, within fifteen days from the date on which he so becomes such Member, he ceases to be a Member of the Legislative Assembly of the State, or as the case may be, of either House of Parliament.

 

(2) Where ordinary elections are held to the office of Members the election of the Mayor may also be held at the same time and in the same place, as the ordinary election of the Members of the Corporation.

 

(3) Save as otherwise expressly provided in this Act, the term of office of the Mayor who is elected at an ordinary election shall be five years from the date of the first meeting held under clause (b) of (Section 88) .

 

(4) Subject to the provisions of sub-section (5), any casual vacancy in the office of the Mayor shall be filled at a casual election and a person elected as Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.

 

(5) No casual vacancy in the office of the Mayor shall be filled within six months before the date on which the ordinary election of the Mayor under sub-section (1) is due.

 

(6) The provisions of (section 21) , (Section 22) and (Section 23) shall, as far as may be, apply in relation to the office of the Mayor, as they apply in relation to the office of an elected Member.

 

(7) The Mayor shall, by virtue of his office, be a Member of the Corporation and shall have all the rights and privileges of an elected member of the Corporation and he shall be entitled to vote at all meetings of the Corporation.

 

(8) The provisions of the Act relating to the conduct of election to the office of Members shall, so far as may be, apply in relation to the election of Mayor under this section.

 

SECTION 90A : Election of Deputy Mayor

 

(1) The Members of the Corporation shall elect one of its elected Members to be its Deputy Mayor at the first meeting of the Corporation after the ordinary elections in the manner prescribed.

 

(2) The ex-officio Members shall be entitled to participate in the meeting convened for the election of the Deputy Mayor.

 

(3) If at any election held under sub-section (1) no Deputy Mayor is elected a fresh election shall be held for electing Deputy Mayor.

 

(4) The Deputy Mayor shall be deemed to have assumed office on his being declared as such and shall hold office for a period of five years from the date he assumes office.

 

(5) Any casual vacancy in the office of the Deputy Mayor shall be filled at a casual election and a person elected as Deputy Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.

 

SECTION 91 : Deputy when to act as Mayor:-

 

(1) When the office of the Mayor is vacant his functions shall devolve on the Deputy Mayor until a new Mayor is elected.

 

(2) If the Mayor leaves the City for more than fifteen days or is incapacitated, his functions shall devolve on the Deputy Mayor until the Mayor returns to the City or recovers from his incapacity as the case may be.

 

SECTION 92 : Resignation

 

(1) The Mayor may resign his office by giving notice in writing to the Corporation; the Deputy Mayor may resign his office by giving notice in writing to the Mayor. Such resignation shall take effect in the case of Mayor from the date on which it is accepted by the Corporation and in the case of the Deputy Mayor, by the Mayor.

 

(2) Any Member may resign his office at any time by notice in writing to the Mayor and such resignation shall take effect from the date on which it is accepted by the Mayor.

 

SECTION 93 : Constitution of the Standing Committee

 

(1) There shall be constituted for the Corporation a Standing Committee consisting of the Chairpersons of all the Wards Committees in the Corporation to exercise the powers and perform the functions entrusted to it under this Act.

 

(2) The Chairperson of the Standing Committee shall be elected by the members thereof from among themselves in the prescribed manner. He shall hold office for a period of one year from the date of election and shall be eligible for re-election.

 

(3) The Chairperson of the Standing Committee shall cease to hold office if he ceases to be a Member of the Standing Committee. Any casual vacancy in the office of the Chairperson shall be filled by election of another Chairperson from among the members of the Standing Committee, as soon as may be after the occurrence of the vacancy.

 

SECTION 97 : Provisions regulating the proceedings of the Standing Committee

 

(1) The Standing Committee shall meet for the despatch of business in the Chief Office of the Municipal Corporation and may, from time to time, make such regulations with respect to such meetings and with respect to the scrutiny of the municipal accounts as they think fit, subject to the following conditions:-

 

(a) there shall be a meeting of the Standing Committee once a week, and at such other times as shall be found necessary;

 

(b) the first meeting of each Standing Committee shall be held on a day and at a time to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner; and every subsequent meeting of the Standing Committee shall be held on such day and at such time as the said Committee may from time to time determine;

 

(c) the Chairman of Standing committee shall, upon a written requisition signed by the Commissioner, call a special meeting of the said Committee within twenty four hours for the transaction of any business which, in the opinion of the Commissioner, cannot be delayed until the next ordinary meeting of the said Committee;

 

(d) no business shall be transacted at a meeting of the Standing Committee unless at least half of the total number of members are present from the beginning to the end of such meeting;

 

(e) every meeting of the Standing Committee shall be presided over by the chairman, if the chairman is present at the time appointed for holding the meeting and if the chairman is absent, by such one of the members present as may be chosen by the meeting to be the Chairman for the occasion;

 

(f) every question shall be decided by a majority of votes of the members of the Standing Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;

 

(g) subject to any bye-laws made in this behalf the Standing Committee may from time to time, by a specific resolution in this behalf,delegate any of its powers or duties to sub-committees, consisting of such members of the said committee,not less in number than three on each sub-committee as they think fit; and any sub-committees so formed shall conform to any instructions that may from time to time be given to them by the Standing Committee and the said Committee may at anytime discontinue or alter the constitution of any sub-committees so formed;

 

(h) a sub-committee may elect a Chairman of its meeting, and if no such Chairman is elected or if he is not present at the time appointed for holding any meeting, the members of the sub-committee present, shall choose one of their members to be Chairman of such meeting;

 

(i) a sub-committee may meet and adjourn as it thinks proper, but the Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon the written request of not less than two members of a sub-committee, call a special meeting of such sub-committee;

 

(j) questions at any meeting of a sub-committee shall be decided by a majority of votes of the members present and, in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote, but no business shall be transacted at any such meeting unless at least two-thirds of the members of the sub-committee are present from the beginning to the end thereof;

 

(k) a minute shall be kept by the Municipal Secretary of the names of the members present and of the proceedings at each meeting of the Standing Committee and at each sub-committee's meeting in a book to be provided for this purpose which shall be signed at, and by the presiding authority of, the next ensuing meeting;

(l) a member of the Standing Committee shall not vote or take part in the discussion before the said Committee or before any sub-committee on any matter in which he is directly or indirectly, by himself or by his partner, professionally interested on behalf of a client, principal or other person;

 

(m) the Commissioner shall have the same right of being present at a meeting of the Standing Committee and of taking part in the discussions thereat as a member of the said Committee, but he shall not vote upon, or make any proposition at such meeting;

 

(n) the Standing Committee may require any officer of the Corporation to attend any meeting or meetings of the Standing Committee at which any matter dealt with by such officer in the course of his duties is being discussed; when any officer is thus required to attend any such meeting he may be called upon to make a statement or explanation of facts or supply such information as may be in his possession relating to any matter dealt with by him.

 

(2) Where a subject is placed before the Standing Committee, the Standing Committee shall take a decision thereon within a period of fifteen days from the date of placing the matter before it, and if a subject is not considered by the Standing Committee within the aforesaid period, the proposal contained in the subject shall be deemed to have been approved by the Standing Committee. Where a proposal is rejected by the Standing Committee, the Commi- ssioner shall place the matter before the Corporation within a period of fifteen days from the date of such rejection for its decision and a meeting for this purpose shall be held in accordance with clause (c) of (Section 88) .

 

SECTION 98 : Special Committees of the Corporation

 

(1) The Corporation, may from time to time appoint, out of their own body, Special Committees and may by specific resolution carried by a vote of at least two-thirds of the members of the Corporation present at the meeting, delegate any of their powers and duties to such committees,and may also by a like resolution define the sphere of business of each Special Committee so appointed, and direct that all matters and questions included in any such sphere shall, in the first instance, be placed before the appropriate committee and shall be submitted to the Corporation with such committee's recommendations.

 

Explanation:- For the removal of doubt, it is here by declared that the tem "Corporation" shall include the ex-officio members''

 

(2) Every Special Committee shall conform to any instructions that may from time to time be given to them by the Corporation.

 

(3) The Corporation may, at any time, dissolve or subject to any bye-laws made by them in this behalf alter the constitution of any Special Committee.

 

(4) Every Special Committee shall appoint two of their members to be the Chairman and Deputy Chairman.

 

Provided that no member shall, at same time, be Chairman of more than one special Committee.

 

(5) In the absence of the Chairman or Deputy Chairman, the members of the Special Committee present shall choose one of their members to preside over their meeting.

 

(6) All the proceedings of every Special Committee shall be subject to confirmation by Corporation.

 

Provided that any Special Committee may by a resolution supported by atleast one-half of the whole number of members of the committee direct that action be taken in accordance with the decision of such committee without waiting for confirmation of their proceedings by the Corporation, should the committee consider that serious inconvenience would result from delay in taking such action;but if the Corporation do not confirm the proceedings of the Special Committee such steps shall be taken to carry out any orders passed by the Corporation as may still be practicable;

Provided also that if, in delegating any of the their powers or duties to a Special Committee under sub-section (1), the Corporation directs that the decision of the Special Committee shall be final, then so much of the proceedings of the Special Committee as relate to such powers or duties shall not be subject to confirmation by the Corporation, if such decision is supported by at least one half of the whole number of members of the committee.

 

(7) The Standing committee may, from time to time, by a resolution carried by a vote of at least two thirds of their members present at the meeting, delegate to any Special Committee appointed under sub-section (1) any of their powers and duties in respect of any matter with which such Special Committee is competent to deal, or refer to any such committee any such matter for disposal or report, and every such Special Committee shall conform to any instructions that may from time to time be given to them by the Standing Committee in this behalf:

 

Provided that every such resolution shall be reported by the Standing Committee to the Corporation as soon as possible, and the Corporation may at any time cancel such resolution.

 

(8) Any member of a Special Committee who absents himself during two successive months from the meetings of such Committee, except by reason of temporary illness or other cause to be approved by such Committee, or absents himself from or is unable to attend the meetings of such Committee during four successive months from any cause whatever, whether approved by such Committee or not shall cease to be a member of such Committee and his seat shall thereupon be vacant.

 

(9) The Corporation may make bye-laws for regulating the constitution of special Committees and the conduct of business at meetings of such committees, and for the keeping of Minutes and the submission of reports.

  

SECTION 99 : Appointment of Ad-hoc Committee

 

(1) The Corporation may, from time to time, appoint from amongst the members such Ad-hoc Committees consisting of such number of members as it shall think fit, and may refer to such Committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as it shall think fit, and direct that the report of any such committees shall be submitted through the Standing Committee or a Special Committee constituted under (Section 98) .

 

(2) An Ad-hoc Committee appointed under sub-secction (1) may, with the previous sanction of the Corporation co-opt not more than two persons who are not members but who in the opinion of the committee possess special qualifications for serving thereon.

 

SECTION 100 : Joint transactions with other local authorities

 

(1) The Corporation, may from time to time, join with a local authority or with a combination of local authorities,-

 

(a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested and in appointing a Chairman of such Committee

(b) in delegating to any such committee power to frame terms binding on each such body as to the constitution and future maintenance of joint work and any power which might be exercised by such bodies; and

(c) in framing and modifying bye-laws for regulating the proceedings for any such committee in respect of the purpose for which the Committee is appointed.

 

(2) Where the Corporation has requested the concurrence of any other local authority under the provisions of sub-section (1) in respect of any matter and such other local authority has refused to concur,the Government may after hearing the objections, if any of such local authority pass such orders as it deems fit requiring the concurrence of such other local authority, not being a contonment authority, in the matter aforesaid and such other local authority shall comply with such orders.

 

(3) If any difference of opinion arises between the Corporation and any other local authority which has joined the Corporation under this section, the matter shall be referred to Government whose decision, thereupon shall be final and binding:

 

Provided that if the local authority concerned is a contonment authority, any such decision shall not be binding unless it is confirmed by the Central Government.

 

(4) The Corporation,may from time to time, with the sanction of Government enter into an agreement with a local authority or with a combination of local authorities for levy of octroi or toll or any other tax by the Corporation on behalf of the bodies so agreeing and in that event the provisions of this Act shall apply in respect of such levy as if the area of the city were extended so as to include the area subject to the control of such local authority or such combination of local authorities.

 

SECTION 101 : Vacancies in Corporation, etc., not to invalidate its proceedings

 

No act or proceedings of the Corporation or of any Committee or sub-Committee appointed under this Act shall be questioned on account of any vacancies in its body.

 

SECTION 102 : Proceedings of Corporation etc., not vitiated by disqualification, etc., of members thereof

 

No disqualification of or defect in the election or appointment of any person acting as a member, as the Mayor or the Deputy Mayor or the Presiding Authority of the Corporation or as the Chairman or a member of any Committee or Sub-Committee appointed under this Act shall be deemed to vitiate any act or proceedings of the Corporation or of any such Committee or Sub-Committee, as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled.

 

SECTION 103 : Proceedings of meeting to be good and valid until contrary is proved

 

Until the contrary is proved, every meeting of the Corporation or of a Committee or Sub-Committee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held,and all the members of meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a Committee or a Sub-Committee, such Committee or Sub-Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the Minutes.

 

SECTION 104 : Appointment of Commissioner

 

(1) Subject to the provisions of sub-section (3), the Commissioner shall from time to time be appointed by the Government.

 

(2) The Commissioner shall be a whole time officer of the Corporation and shall not undertake any work unconnected with his office unless the Government in consultation with the Corporation sanctions the undertaking thereof by him.

 

(3) The Commissioner appointed under sub-section (1) shall be liable to be removed from his office as such by the Government, if

 

(a) at a meeting of the Corporation not less than two-thirds of the total number of Members vote for such removal in cases where the Commissioner persistently;

(i) makes default in performing the duties imposed or exceeds the powers conferred on him by or under this Act, or

(ii) neglects or refuses to implement the decisions of the Corporation, or Standing Committee or any other Committee of the Corporation, or

(iii) acts in a manner prejudicial to the interests of the Corporation;

(b) it appears to the Government that he is incapable of performing the duties of his office, or has been guilty of misconduct and neglect.

 

SECTION 105 : Appointment of Additional and Deputy Commissioners

 

The Government may appoint Additional and Deputy Commissioner to the Corporation. The persons so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.

 

SECTION 106 : Functions of a Additional Commissioner and Deputy Commissioner

 

(1) Additional Commissioner and Deputy Commissioner so appointed shall be subordinate to the Commissioner and shall exercise such of the powers and perform such of the duties as the Commissioner shall from time to time depute to him provided that the Commissioner informs the Corporation of the powers and duties which he, from time to time, deputes to the Additional Commissioner and Deputy Commissioner.

 

(2) All acts and things performed and done by a Additional Commissioner and Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner.

 

SECTION 107 : Salary of the Commissioner and Additional Commissioner and Deputy Commissioner

 

The Commissioner and the Additional Commissioner and Deputy Commissioner shall receive from the Local Government Service Fund constituted under sub-section (1) of (Section 131)

 

such monthly salary and allowances as Government may, from time to time, determine: Provided that the salary of the Commissioner and the Additional Commissioner and Deputy Commissioner shall not be altered to their disadvantage during the period for which their appointments have been made or renewed.

 

SECTION 108 : Grant of leave of absence to the Commissioner or Additional Commissioner and Deputy Commissioner

 

Leave of absence may be granted, from time to time, to the Commissioner or the Additional Commissioner and Deputy Commissioner by the Government in consultation with the Standing Committee.

 

SECTION 109 : Allowance whilst absent on leave

 

The allowance to be paid to the Commissioner or to an Additional Commissioner and Deputy Commissioner for absence on leave shall be of such amount, not exceeding respectively the amount of the salary of the Commissioner or Additional Commissioner and Deputy Commissioner as shall be determined by the Government. Provided that if the Commissioner or a Additional Commissioner and Deputy Commissioner is a salaried servant of the Government, the amount of such allowance shall be regulated by the rules in force, relating to the leave allowance of the officers of his class.

 

SECTION 110 : Appointment and remuneration of Acting Commissioner or Acting Additional Commissioner and Deputy Commissioner

 

During the absence on leave or other temporary vacancies in the Office of the Commissioner or Additional Commissioner and Deputy Commissioner the Government may appoint a person to act as a Commissioner or Additional Commissioner and Deputy Commissioner as the case may be, and every person appointed so to act shall exercise the powers and perform the duties conferred and imposed by this Act or any other law in force on the Commissioner or Additional Commissioner and Deputy Commissioner and be subject to all the liabilities, restrictions and conditions to which the Commissioner or Additional Commissioner and Deputy Commissioner is liable and shall receive a monthly salary not exceeding the salary payable to the Commissioner or Additional Commissioner and Deputy Commissioner as the Government shall determine.

 

SECTION 111 : Commissioner and Additional Commissioner and Deputy Commissioner not to be interested in any contract with the Corporation

 

(1) No person shall be qualified to be appointed to be the Commissioner or Additional Commissioner and Deputy Commissioner who has directly or indirectly or by himself or his partner or as a member of a Joint Hindu family any share or interest in any contract or employment with, by or on behalf of the Corporation other than as a Commissioner or Additional Commissioner and Deputy Commissioner as the case may be.

 

(2) Any Commissioner or Additional Commissioner or Deputy Commissioner who shall acquire directly or indirectly by himself or his partner or as a member of Joint Hindu family any share or interest in any such contract or employment as aforesaid shall cease to be Commissioner or an Additional Commissioner or Deputy Commissioner as the case may be, and his office shall become vacant. Explanation:- Nothing in this section shall apply to any such share of interest in any contract or employment with, by or on behalf of the Corporation as in clause (h) of (Section 22) it is permissible for a Member to have without his being thereby disqualified for being a Member.

 

CHAPTER 3 : DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES

 

SECTION 112 : Matters to be provided for by the Corporation

 

The Corporation shall make adequate provision for the following matters, namely:- (1) erection of substantial boundary marks of such description and in such positions as shall be approved by the Government defining the limits or any alteration in the limits of the City.

 

(2) the watering, scavenging and cleaning of all public streets and places in the City and the removal of all sweepings therefrom;

 

(3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and the preparation of compost manure from such sewage, offensive matter and rubbish:

 

(3a) construction of drains and drainage works after collecting the prescribed fees fixed by the Commissioner, from time to time, from the persons who apply for construction addition or alterations of a building,in advance along with the application for sanction, and in the case of buildings already constructed from the occupiers thereof.

 

(4) the x x x maintenance and cleansing of drains and drainage works, and the construction, maintenance and cleaning of public latrines water-closets, urinals and similar conveniences;

 

Provided that it shall be competent for the Corporation to charge such fee as may be prescribed from time to time, from the user of public latrines, water closets, urinals and similar conveniences

 

(5) the lighting of public buildings vested in the Corporation, public streets and municipal markets;

 

(6) the maintenance of a municipal office and of all public monuments and open spaces and other property vesting in the Corporation;

 

(7) the naming or numbering or streets and of public places in the Corporation and the numbering of premises;

 

(8) the regulation of offensive and dangerous trades or practices;

 

(9) the maintenance, charge and regulation of places for the disposal of the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies;

 

(10) the construction or acquisition and maintenance of public markets and slaughter houses and the regulation of all markets and slaughter houses;

 

(11) the construction or acquisition and maintenance of cattle pounds;

 

(12) public vaccination in accordance with the provisions of the (Andhra Pradesh (Telangana Area) Vaccination Act, 1951) (Act XXIV of 1951;

 

(13) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abetment of all nuisances;

 

(14) the registration of births and deaths;

 

(15) the construction, maintenance, alteration and improvement of streets, bridges, sub-ways, culverts, cause ways or the like;

 

(16) the removal of obstructions and projections in or upon streets, bridges and other public places;

 

(17) the management and maintenance of all municipal waterworks and the construction or acquisition of new works necessary for a sufficient supply of water for public and private purposes;

 

(18) preventing the spread of infectious diseases;

 

(19) the securing or removal of dangerous buildings and places;

 

(20) the improvement of the City;

 

(21) the provision of public parks, gardens, playgrounds and recreation grounds;

 

(22) the fulfilment of any obligation imposed by or under this Act of any other law for the time being in force;

 

(23) subject to adequate provision being made for the matters hereinbefore specified, the provision of relief to destitute persons in the City in times of famine and scarcity and the establishment and maintenance of relief works in such times.

 

SECTION 113 : Corporation to provide for anti-rabic treatment

 

The Corporation shall make payments at such rates and subject to such conditions as the Government may from time to time by general or special order determine, for the maintenance and treatment in any institution which the Government declares by notification in the Andhra Pradesh Gazette to be suitable for such purpose either within or without the City and other necessary expenses of persons undergoing anti-rabic treatment as indigent persons according to the rules applicable to such institutions; Provided that the Corporation shall not be liable under this section for the mainte- nance,treatment and other expenses of any person undergoing anti-rabic treatment as an indigent person in any such institutions as aforesaid, unless such person immediately previous to his admission thereto has been resident in the City for atleast one year and has proceeded to such institution from the City.

 

SECTION 114 : Corporation to provide for maintenance of lunatic asylums

 

(1) The Corporation shall make payments at such rates per head as the Government, from time to time by general or special order determine, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city, which the Government declares by notification to be suitable for such purpose of pauper lunatics not being persons for whose confinement an order under Chapter XXXIV of the Code of Criminal Procedure, 1898, is in force, resident within, or under any enactment for the time being in force removed from, the city;

 

Provided that the Corporation shall not be liable under this section for the maintenance and treatment of any lunatic in any such asylum, hospital or house aforesaid,unless such lunatic, previous to his admission thereto, has been resident in the city for at least one year.

Provided further that where an application is made to the High Court under the provisions of (S.88 of the Indian Lunacy Act, 1912)

, x x x no order for the payment of the cost of maintenance of the lunatic by the Corporation shall be made without an opportunity being given to the Corporation to show that the lunatic is not pauper and has an estate applicable to his maintenance or that there is a person legally bound and having the means, to maintain him:

Provided also that the rates determined by the Government under this section shall not exceed half the total cost of maintenance and treatment incurred per head on account of the lunatics for whose maintenance and treatment the Corporation shall be liable under this section.

 

(2) The Officer-in-Charge of an asylum, hospital or house to which lunatics for whose maintenance and treatment the Corporation is liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of such persons detained in the asylum, hospital or house and shall furnish a copy thereof to the Corporation.

 

SECTION 115 : Matters which may be provided for by Corporation at its discretion

 

The Corporation may provide from time to time , either wholly or partly, for all or any of the following matters, namely:- (1) the organisation, maintenance or management of institutions within or without the city for the care of persons who are infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children;

 

(2) the organisation, maintenance or management of maternity and infant welfare homes or centres;

 

(3) the provision of milk to expectant or nursing mothers or infants or school children;

 

(4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of disease or for researches connected with public health;

 

(5) swimming pools, public wash-houses, bathing places and other institutions designed for improvement of public health;

 

Provided that it shall be competent for the Corporation to charge such fee as may be prescribed, from time to time from the user of the conveniences aforesaid.

 

(6) dairies or farms within or without the city for the supply, distribution and processing of milk products for the benefit of the residents of the city;

 

(7) the construction and maintenance in public streets or places of drinking fountains for human beings and water troughs for animals;

 

(8) the planting and maintenance of trees on road sides and elsewhere;

 

(9) the providing of entertainments in public places or places of public resort;

 

(10) the holding of exhibitions, athletics or games;

 

(11) the regulation of lodging houses, camping grounds and rest- houses in the city;

 

(12) the maintenance of an ambulance service

 

(13) the construction, establishment and maintenance of theatres, places of entertainment, rest-houses and other public buildings;

 

(14) the organisation or maintenance in times of scarcity of shops or stalls for the sale of necessaries of life;

 

(15) the building or purchase and maintenance of dwellings for municipal officers and servants;

 

(16) the grant of loans to the municipal officers and servants for purposes of constructing houses and for purchasing of house sites and vehicles on such terms and subject to such conditions as may be prescribed;

 

(17) the organisation, maintenance or management of transport facilities for the conveyance of the public or goods;

 

(18) the furtherance of educational objects, and the making of grants to educational institutions;

 

(19) the establishment and maintenance or the aiding of libraries, museums and art galleries, botanical or zoological collections and the purchase or construction of buildings therefor;

 

(20) the destruction of vermins, birds or animals causing a danger or nuisance, and the confinement or destruction of stray dogs;

 

(21) contributions towards any public fund raised for the relief of human suffering without the city;

 

(22) the granting of rewards for information which may tend to secure the current registration of vital statistics

 

(23) the acquisition and the maintenance of grazing grounds and the establishment and maintenance of a stud farm;

 

(24) establishing and maintaining a farm or factory for the disposal of sewage;

 

(25) supplying, constructing and maintaining in accordance with the general system approved by the Corporation, receptacles, fittings, pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the Corporation;

 

(26) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws, regulations or standing orders made thereunder;

 

(27) laying out whether in areas previously built upon or not, new streets and acquiring land for that purpose or required for the construction of buildings or curtilages thereof to abut on such street or streets;

 

(28) the building or purchase and maintenance of suitable dwellings for the poor and working classes;

 

(29) the provision of shelter to destitute or homeless persons and any form of poor relief;

 

(30) the building or purchase and maintenance of sanitary stables, or byres for horses, ponies,cattle used in hackney carriages carts or for milch-kine;

 

(31) the surveying of buildings or lands;

 

(32) taking measures to meet any calamity affecting the public in the city;

 

(33) the making of a contribution towards any public ceremony or entertainment in the city;

 

(34) the construction, purchase, organisation, maintenance, extension and management of tramways, trackless trams mechanically propelled transport facilities for the conveyance of the public;

 

(35) the purchase, maintenance, management and conduct of any undertaking for the supply of electric energy or gas to the public or the subsidising of any such undertaking;

 

(36) the acquisition of immovable or movable property for any of the purposes before mentioned including payment of the cost of investigation, surveys or examinations in relation thereto or the construction or adaptation of buildings necessary for such purposes;

 

(37) preparation and presentation of address to persons of distinction;

 

(38) maintaining, aiding and suitably accommodating schools for primary education, subject always to the grant of building grants by the Government.

 

(39) the taking of any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction.

 

(40) provide parking places, public landing places, halting places, for vehicles of any description including motor vehicles and levy fees for their use.

 

SECTION 116 : Social and economic measures

 

Government may, in consultation with the Corporation and on such terms and conditions as may be specified in the said order, require the Corporation at any time by a notified order to undertake such measures for the improvement of Social and Economic status of the inhabitants of the City as shall be specified in the said order.

 

SECTION 117 : Functions of the several Municipal Authorities

 

(1) The respective functions of the several Municipal authorities shall be such as are specifically provided under this Act or the rules or bye-laws made thereunder.

 

(2) Except as otherwise expressly provided in this Act, the municipal government of the City vests in the Corporation.

 

(3) Subject to the approval or sanction of the Corporation or the Standing Committee and subject also to all other restrictions, and conditions and limitations imposed by this Act or by any other law for the time being in force and whenever it is in this Act expressly so directed, the entire executive power for the purpose of carrying out of the provisions of this Act and of any other law for the time being in force which imposes any duty, or confer any power on the Corporation vests in the Commissioner who shall also:-

 

(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act or by any other law for the time being in force;

(b) specify the duties of, and exercise supervision and control over the acts and the proceedings of all municipal officers and servants other than the municipal Secretary and municipal Examiner of Accounts and the municipal officer and servants subordinate to them.

(c) in any emergency take such immediate action for the service or safety of the public or the protection of the property of the Corporation as the emergency shall appear to him to justify or to require, notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the Government;

Provided that the Commissioner shall report forthwith to the Standing Committee and to the Corporation the action he has taken, and his reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by a current budget grant under the provisions of this Act.

 

SECTION 118 : Commissioner to exercise powers and perform duties of Corporation under other laws

 

(1) Any powers, duties and functions conferred or imposed upon or vested in the Corporation by any other law for the time being in force shall subject to the provisions of such law and to such restrictions, limitations and conditions as the Corporation may impose, be exercised, performed or discharged by the Commissioner.

 

(2) The Commissioner may, with the approval of the Standing Committee by order in writing, empower any municipal officer to exercise, perform or discharge any such power, duty or function under the control of the Commissioner and subject to his revision and to such conditions and limitations if any as he may think fit to impose.

 

SECTION 119 : Municipal Officers may be empowered to exercise certain of the powers etc., of the Commissioner

 

x x x x Any of the powers, duties or functions conferred or imposed upon or vested in the Commissioner by or under any of the provisions of this Act may be exercised, performed or discharged, under the control of the Commissioner and subject to his revision and to such conditions, if any, as may be imposed, or as he shall think fit to impose in a manner not inconsistent with the provisions of this Act or rules made thereunder, by any municipal officer whom the Commissioner generally or specially empowers by orders in writing in this behalf; and to the extent to which any municipal officer is so empowered the word Commissioner'' occurring in any provision in this Act shall be deemed to include such officer. (2) x x x

 

SECTION 120 : Corporation may call for extracts from proceedings of the Standing Committee, etc

 

The Corporation may at any time call for any extract from any proceedings of the Standing Committee or of any Committee or Sub-committee constituted under this Act, and call for any return, statement, account or report concerning or connected with any matter with which the Standing Committee or any such Committee or Sub-Committee is empowered by or under this law to deal; and every such requisition shall be complied with by the Standing Committee or other Committee or Sub-Committee, as the case may be, without unreasonable delay.

 

SECTION 121 : Corporation may require Commissioner to produce documents and furnish returns, reports, etc

 

(1) The Corporation may at any time require the Commissioner:-

 

(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office in the office of any municipal officer or servant subordinate to him,

(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the Municipal Government of the City;

(c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish with his own remarks, thereon, a report, upon any subject concerning or connected with the administration of this Act or the Municipal Government of the City.

 

(2) Except as is hereinafter provided, every such requisition shall be complied with by the Commissioner without unreasonable delay; and it shall be incumbent on every Municipal Officer and servant to obey any order made by the Commissioner in pursuance of any such requisition:

 

Provided that where on receipt of the requisition as aforesaid, the Commissioner is of the opinion that immediate compliance therewith would be prejudicial to the interests of the Corporation or of the public he shall place the matter before the Mayor and obtain his decision thereon and shall act in accordance with such decision which shall be final.

 

SECTION 122 : Right to ask questions and make proposals

 

(1) Subject to any bye-law made in this behalf under (Section 586) , a Member may question the Commissioner who shall answer any question concerning or connected with the administration of this Act or the Municipal Government of the City:

 

Provided that

(a) not less than seven clear days, notice in writing specifying the questions has been given to the Municipal Secretary;

(b) no question shall be asked

(i) which calls for an expression of the opinion or for the solution of an abstract legal question or of a hypothetical proposition; or

(ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any Court of Law or before any Tribunal in any part of the city; or

(iii) which relates to the character or conduct of any Municipal Officer or servant except in his official or public capacity; or

(iv) which is or by implication may be, defamatory of or which makes or implies, a charge of a personal character against any person or section of any community;or

(v) which contravenes any bye-law made in this behalf under.

 

(2) The Mayor shall disallow any question which is, in his opinion, in contravention of the provisions of sub-section (1).

 

(3) If any doubt arises whether any question is or is not within the restrictions imposed by sub-section (1), the Mayor shall decide the point and his decision shall be final.

 

(4) The Commissioner shall not be bound to answer a question, if in his opinion, it cannot be answered without detriment to the interests of the Corporation or if it asks for information which has been communicated to him in confidence.

 

(5) Any Member may call the attention of the Commissioner to any neglect in the execution of the Municipal work, to any waste or damage to the Municipal property or to the wants of any locality and may suggest in respect thereof any proposal or improvement which he considers desirable.

 

Explanation :- For the purpose of this section, the expression Member shall include an ex-officio Member.

 

SECTION 123 : Exercise of powers to be subject to sanction by Corporation of the necessary expenditure

 

The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except in case specified in sub-section (2) of (Section 172), be subject to the conditions that (a) such expenditure so far as it is to be incurred in the financial year in which such power is exercised or duty performed is provided for under a current budget grant; and

 

(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said financial year, the sanction of the Corporation is taken before liability for such expenditure is incurred:

 

Provided that during any financial year the renewals of previous sanctions or the fresh sanctions for any works, purchases and constructual services, as the case may be, shall not exceed the sum provided in the budget estimates for that financial year.

 

SECTION 124 : Power of the Commissioner to execute contracts on behalf of the Corporation

 

With respect to the making of contracts under or for any purpose of this Act, the following provisions shall have effect, namely:- (a) every such contract shall be made on behalf of the Corporation by the Commissioner;

 

(b) no such contract, for any purpose which in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first of all been duly given;

 

(c) It shall be competent for the Commissioner to make a contract other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, not involving an expenditure exceeding rupees twenty lakhs

 

(d) x x x

 

(e) the foregoing provisions of this section shall, as far as may be apply to every contract which the Commissioner shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.

 

SECTION 124A : Works costing more than twenty lakhs

 

It shall be competent for the Standing Committee to sanction works contract involving an expenditure exceeding rupees twenty lakhs but not exceeding rupees fifty lakhs.

 

SECTION 125 : Mode of executing contracts

 

(1) Every contract entered into by the Commissioner on behalf of the Corporation shall be entered into in such manner and form as would bind the Commissioner if such contracts were on his own behalf, and may in the like manner and form be varied or discharged:

 

Provided that

(a) where any such contract, if entered into by the Commissioner, would require to be under seal, the same shall be sealed with the common seal of the Corporation; and

(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding rupees five thousand shall be in writing and shall be sealed with the common seal of the Corporation the manner specified in sub-section (2) and shall specify the work to be done or the materials or goods to be supplied, as the case may be, the price to be paid for such work, materials or goods and in the case of a contract for work, the time or times within which the same or specified portions thereof shall be completed.

 

(2) The common seal of the Corporation which shall remain in the custody of the Commissioner shall be affixed in the presence of the Commissioner or his nominee to every contract or other instrument required to be under seal, and such contract or instrument shall be signed by the Commissioner or the said two members of the Standing Committee in token of the same being sealed in his or their presence. The signatures of the Commissioner and the said members shall be distinct from the signatures of any witness to the execution of any such contract or instrument:

 

Provided that any such contract not executed as provided above shall not be binding on the Corporation

 

SECTION 126 : Tenders to be invited for contracts involving expenditure exceeding Rs. Five Lakhs

 

(1) Except as is hereinafter otherwise provided the Commissioner shall, at least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding rupees-five lakhs, give notice by advertisement in the local newspapers, inviting tenders for such contract.

 

(2) The Commissioner shall not be bound to accept any tender which may be made in pursuance of such notice but may accept, subject to the provisions of clause (c) of (Section 124) , any of the tenders so made which appears to him, upon a view of all the circumstances, to be the most advantageous:

 

Provided that the Standing Committee may for reasons which shall be recorded in their proceedings, authorise the Commissioner to enter into a contract without inviting tenders as herein provided or without accepting any tender which he may receive after having invited them.

 

SECTION 127 : Security when to be taken for performance of contract

 

The Commissioner shall require sufficient security for the due performance of every contract in which he enters under the last preceding section, and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act.

 

SECTION 128 : Power of Corporation to determine whether works shall be executed by contract

 

Notwithstanding anything contained in this Act, the Corporation may determine either generally for any class of cases or specially for any particular case whether the Commissioner shall execute works by contract or otherwise.

 

SECTION 129 : Works costing more than Rs. fifty lakhs

 

Where a project is framed for the execution of any work the estimated cost of which exceeds rupees fifty lakhs, (a) the Commissioner shall cause a detailed report to be prepared including such estimates and drawing as may be requisite and the Standing Committee shall lay the same before the Corporation.

 

(b)the Corporation shall consider the report and may reject the project or approve it either in its entirety or subject to modifications;

 

(c) where the Corporation approve the project, the report, subject to any modifications as aforesaid, shall be submitted to the Government;

 

(d) the Government may, after necessary technical scrutiny, sanction the project, either in its entirety or subject to modification;

 

(e) where the Government sanctions the project subject to modification, it shall be returned to the Corporation for reconsideration;

 

(f) if after reconsideration, the Corporation re-submits the project, the Government may sanction it subject to such modifications as it may deem fit to make and such sanction of the Government shall be final.

 

SECTION 129A : Pre-qualification tenders to be invited for works costing rupees fifty lakhs or more

 

(1) In respect of any work the estimated cost of which is rupees fifty lakhs or more, the Commissioner shall give notice by advertisement in the newspapers in the prescribed manner, inviting tenders or applications from persons who satisfy the pre-qualifications specified in such notice.

 

(2) The Government may appoint, or authorise the Corporation to appoint, a committee, consisting of such members as they or it may deem fit, for the purpose of scrutinising and evaluating the pre-qualifications of the tenderers or applicants whose tenders or applications may be received in pursuance of the notice issued under sub-section (1), and fork making its recommendations to the Commissioner as the suitability or otherwise of persons to whom tender schedules may be issued in respect of the work.

 

(3) The Commissioner shall, after considering the recommendations of the committee, and with the prior approval of the Government, accept any of the tenders or applications so recommended which appears to him, upon a view of all the circumstances, to be the most advantageous; and thereupon issue the tender schedules in respect of the work to the person whose tender or application is so accepted.

 

(4) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out the purposes of this section, and any rule made under this section may be made so as to have retrospective effect.;

 

CHAPTER 4 : LOCAL GOVERNMENT SERVICE and MUNICIPAL OFFICERS AND SERVANTS LOCAL GOVERNMENT SERVICE

 

SECTION 130 : Local Government Service

 

(1) There shall be constituted for the purposes of this Act and of any law for the time being in force regulating the powers and duties of other local authorities, a Local Government Service consisting of officers and servants of a Corporation who hold any of the posts specified in Schedule C which may from time to time be amended by the Government x x x

 

(2) Government shall have the power to appoint, dismiss and transfer and to take disciplinary action against officers belonging to the said service and prescribe conditions of their service.

 

(3) Unless it be otherwise prescribed under sub-section(2) the Hyderabad Civil Service Rules for the time being in force relating to the appointment and conditions of service and all rules for the time being force relating to the conduct and enquiry into the conduct of Government servants shall apply to officers belonging to the Local Government Service.

 

SECTION 131 : Local Government Service Fund

 

(1) There shall be constituted a Local Government Service Fund to meet expenditure in respect of salaries, allowances, pensions, provident fund, gratuity and other necessary expenditure payable to the officers and servants of Local Government Service appointed under the provisions of this Act or of any other Law for the time being in force or rules made thereunder or by any order of the Government.

 

(2) The Corporation shall contribute 121/2% of its revenue towards the Local Government Service Fund constituted under sub- section (1):

 

Provided that the Government may from time to time by a notification in the Andhra Gazette revise or alter the percentage of the contribution towards the Local Government Service Fund.

 

SECTION 132 : Power of Government to appoint other officers

 

(1) The Government may, in addition to the officers and servants specified in Schedule C appoint for the purpose of this Act and of any law for the time being in force regulating the duties and powers of other local authorities, duly qualified person or persons to Superintending Engineer, Chief Town Planner,Divisional Engineers, Assistant Engineer, Assistant Town Planning Officers, Architects, Inspecting Officers or Officers for the whole or any part of the State and may sanction such establishment for the said officers as may be deemed necessary.

 

(2) The officers and establishment appointed under sub-section (1)shall belong to the Local Government Service and their expenses shall be defrayed from the Local Government Service Fund constituted under (Section 131) .

 

(3) The powers and duties of the officer mentioned in sub-section (1) shall be such as may from time to time be determined by the Commissioner.

 

SECTION 132A : Constitution of a Municipal Corporation Service

 

(1) Notwithstanding anything in this Act or the rules made thereunder, the Government may after consulting all the municipal corporations in the State by notification in the Andhra Pradesh Gazette, constitute any class of officers or employees of the Municipal Corporation in the State of the category of Upper Division Clerks and above into a Municipal Corporation Service for the State.

 

(2) Upon the issue of a notification under sub-section (1), the Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the Municipal Corporation Service thereby constituted and such rules may vest jurisdiction in relation to such service in the Government or in such other authority or authorities as may be prescribed therein.

 

(3) Nothing in this section shall affect the operation of the (Andhra Pradesh (Telangana Area) Local Government Service (Declaration as State Civil Service) Act, 1956) (Act XX of 1956) in so far as it relates to the municipal officers and municipal employees who are declared to be borne on the State Civil Service as declared under (Section 3) of the Act.

 

SECTION 133 : Appointment of City Engineer, etc

 

The Government shall appoint fit persons to be City Engineer, Medical Officer of Health, Municipal Examiner of the Accounts and Municipal Secretary, for the efficient functioning of the Corporation.

 

SECTION 134 : Powers and duties of City Engineer and Medical Officer of Health

 

The City Engineer and Medical Officer of Health shall perform such duties as they are directed by or under this Act or the rules or bye-laws made there under or as may from time to time be required by the Commissioner x x x.

 

SECTION 135 : Power and duties of Examiner of Accounts

 

The Municipal Examiner of Accounts shall, (a) perform such duties as he directed, by or under this Act or rules made thereunder to perform and such other duties with regard to the audit of Accounts of the Municipal Funds as will be required by him by the Commissioner.

 

(b) specify, subject to such directions as the Commissioner may, from time to time, give the duties and powers of the Auditors, Assistant Auditors, Clerks and servants immediately subordinate to him; and

 

(c) subject to the order of the Commissioner exercise supervision and control over the acts and proceedings of the said Auditors, Assistant Auditors,Clerks and servants.

 

SECTION 136 : Powers and duties of Municipal Secretary

 

The Municipal Secretary shall be the Secretary of the Corporation and also of the Standing Committee and shall, (a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee, as shall be required of him by the Commissioner,

 

(b) have the custody of all papers and documents connected with the proceedings of :

 

(i) the Corporation and any Committee appointed by the Corporation under (Section 98)

;

(ii) the Standing Committee and any sub-committee thereof;

 

(c) specify subject to such directions as the Commissioner may from time to time give, the duties of the officers and servants immediately subordinate to him; and

 

(d) subject to the orders of the Commissioner exercise supervision and control over the acts and proceedings of the said officers and servants.

 

SECTION 137 : Numbers, designations, grades etc., of Municipal Officers and servants

 

(1) Subject to the provisions of sub-section (5) the Standing Committee may from time to time determine the number, designations, grades, fees and allowances of officers and servants to be immediately subordinate to the Municipal Examiner of Accounts and Municipal Secretary.

 

(2) The Commissioner shall from time to time prepare and bring before the Standing Committee statements setting forth the numbers, designations, grades, fees and allowances of officers and servants wno should in his opinion be maintained and the amount and nature of the grades, fees, and allowances which proposes should be paid to each.

 

(3) The Standing Committee shall subject to the provisions of sub-section (5) sanction such statements either as it stands or subject to such qualifications as it deems expedient.

 

(4) In discharging the functions vested in them by sub-sections (1), (2) and (3) the Standing Committee and the Commissioner shall determine the grades, fees and allowances in conformity with the arrangements prevailing and the schedule of rates in vogue in the establishment of the Government.

 

(5) No new posts, whether permanent or temporary, shall be created, --

 

(i) without the sanction of the Standing Committee and the Government in respect of the posts upto and inclusive of an upper division clerk or any equivalent post carrying the same or similar scale of pay;

(ii) without the sanction of the Corporation and the Government in respect of the posts upto and inclusive of a superintendent or any equivalent post carrying the same or similar scale of pay;

(iii) without the sanction of the Government in respect of all other posts;

 

(6) x x x

 

SECTION 138 : Section

 

SECTION 139 : Conditions of service and manner of making appointments

 

The appointment of Municipal Officers and servants shall be made by such authority in such manner and subject to such conditions of service as may be prescribed.

 

SECTION 140 : Application of the Hyderabad Civil Service Rules, Manual and certain other rules

 

Unless otherwise prescribed under (Section 139), the Hyderabad Civil Service Rules for the time being in force relating to the appointment and conditions of service and all rules for the time being in force relating to the conduct and enquiry into the conduct of Government servants shall apply to the Municipal Officers and servants: Provided that in the case of posts carrying such scale of pay as may, from time to time, by notification be specified by the Government, the appointing authority shall be the Commissioner.

 

SECTION 141 : Power of suspension, punishment and dismissal in whom to vest

 

(1) An appointing authority may, subject to the provisions of this Act, impose any of the penalties specified in Sub-section (2) on a Municipal Officer or servant if such authority is satisfied that such officer or servant is guilty of a breach of rules made and order issued under this Act or of discipline or of carelessness or neglect of duty or of other misconduct:

 

Provided that

(a) no Municipal Officer or servant shall be dismissed or removed by an authority subordinate to that by which he was appointed;

(b) any Municipal Officer or servant may be placed under suspension pending taking of proceedings under this Section, by such authority subordinate to the appointing authority as may be prescribed;

(c) x x x

(d) x x x

 

(2) Penalities which may be imposed under this Section are the following viz (a) Censure, (b) withholding of increments of promotions including stoppage at an efficiency bar, (c) reduction to a lower rank in the seniority list or to a lower post, (d) fine, (e) recovery from salary of the whole or part of any pecuniary loss caused to the Corporation, (f) suspension, (g) removal of Municipal Officer or servant which does not disqualify from future employment, (h) dismissal of Municipal Officer and servant which ordinarily disqualifies from future employment.

 

(3) No penalty specified in Sub-section (2) shall be imposed on any Municipal Officer or servant by any authority unless proceedings are taken in accordance with the provisions of the Hyderabad Civil Service (Classification, Control and Appeal) Rules.

 

(4) Subject to the Proviso to sub-section (1) any Municipal Officer or servant, on whom any penalty specified in sub-section (2) is imposed by any authority other than the Corporation, may within three months of the communication to him of the order of imposition of the penalty, appeal to the authority immediately superior to the authority imposing the penalty and the appellate authority may, after obtaining the remarks of the authority which imposes the penalty, either confirm the orders passed or substitute for it such orders as it considers just including an order for the imposition of some lesser penalty, and effect shall forthwith be given to any order passed by the appellate authority which shall be conclusive:

 

Provided that for the purpose of this Sub-section the Corporation shall be the authority immediately superior to the Commissioner.

 

SECTION 142 : Leave of absence

 

Leave of absence to any Municipal employee by whomever appointed, may be granted by the Commissioner, subject to the rules applicable to him.

 

SECTION 143 : Appointment during absence of an Officer

 

The appointment of a person to act in the place of a Municipal Officer or servant absent on leave may be made when necessary subject to the aforesaid rules by the authority granting the leave.

 

SECTION 144 : Disqualification of Municipal Officers and servants

 

(1) Any person who is directly or indirectly by himself or his partner, or if he belongs to a Joint Hindu Family by any member of the family, has any share or interest in any contract or employment with, by or on behalf of the Corporation other than as a Municipal Officer or servant shall be disqualified for being a Municipal Officer or servant.

 

(2) Any Municipal Officer or servant who shall acquire by himself or his partner any share or interest in any contract or employment as aforesaid shall cease to be a Municipal Officer or servant and his office shall become vacant.

 

Explanation :- Nothing in this section shall apply to any such share or interest in any contract or employment with, by or on behalf of the Corporation as in clause (h) of (Section 22)

it is permissible for a Member to have without his being thereby disqualified for being a Member.

 

CHAPTER 5 : MUNICIPAL PROPERTY ACQUISITION OF PROPERTY

 

SECTION 145 : Power of Corporation as to acquisition of property

 

(1) The Corporation shall, for the purposes of this Act have power to acquire and hold movable and immovable property or any interest therein whether within or without the limits of the City.

 

(2) Any immovable property which may be transferred to the Corporation by the Government shall be held by it, subject to such conditions as may be imposed by the Government and shall be applied to such purposes as the Government may impose or specify when the transfer is made.

 

(3) It shall be competent for the Government to resume any land transferred to the Corporation by the Government with or without a condition for resumption whether before or after the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1991 for utilisation by the State Government or the Central Government or any authority under their control.

 

SECTION 146 : Acquisition of immovable property by agreement

 

(1) Whenever it is provided by this Act that the Commissioner may acquire, or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms at such rates or prices no exceeding such maxima as shall be approved by the Standing Committee, either generally for any class of cases or specially in a particular case.

 

(2) And whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at rates or prices not exceeding such maxima as shall be approved by the Standing Committee as aforesaid.

 

(3) Subject to the provisions of this Act, it shall be lawful for the Commissioner on behalf of Corporation to agree with the owner of any land or of any interest in land needed by the Corporation for the purposes of any Scheme under Chapter XIII or with the owner of any right which may have been created by legislative enactment over any street forming part of the land so needed, for the purchase of such land or of any interest in such land or for compensating the owner of any such right in respect of any deprivation thereof or interference therewith.

 

(4) No contract for the acquisition of any immovable property or of any interest therein or any right thereto or the payment of any compensation under sub-sections (1), (2) or (3) shall be valid, if the price or compensation to be paid for such property or interest or right exceeds rupees five thousand unless and until such contract has been approved by the Corporation.

 

(5) Every contract or other instrument relating to the acquisition of immovable property or any interest therein or any right thereto shall be executed by Commissioner, shall have the common seal of the Corporation affixed thereto in the presence of two officers nominated by the Commissioner and shall also have the signature of the said two members, in the manner provided in Section 125.

 

(6) No contract for the acquisition of immovable property or any interest therein or any right thereto not executed as provided in sub-section (4) shall be binding on the Corporation.

 

(7) The foregoing provisions of this section which apply to an original contract relating to the acquisition of immovable property, or any interest therein, or any right thereto, shall be deemed to apply also to any variation or discharge of such contract.

 

SECTION 147 : Procedure when immovable property cannot be acquired by agreement

 

:- (1) Whenever the Commissioner is unable to acquire any immovable property under the last preceeding Section by agreement, the Government may, in their discretion, upon the application of the Commissioner, made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation in accordance with the provisions of the Land Acquisition Act 1894 as amended for a public purpose within the meaning of the provisions of the said Act.

 

(2) The amount of compensation awarded and all other charges incurred in acquisition of any such property shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property shall vest in the Corporation.

 

SECTION 148 : Disposal of property and interests therein

 

(1) Subject to the provisions of Section 124, the Commissioner may dispose of by sale or exchange any movable property belonging to the Corporation the value of which does not exceed rupees twenty five thousand in each instance, or grant for any term not exceeding twelve months a lease of any immovable property belonging to the Corporation or lease or concession of any right of fishing or grazing or of gathering and taking fruit and the like : Provided that every such disposal, lease or concession made or granted by the Commissioner shall be reported to the Standing Committee within fifteen days.

 

(2) With the sanction of the Standing Committee, the Commissioner may dispose of by sale or exchange any movable property belonging to the Corporation the value of which exceeds rupees twenty five thousand but does not exceed such sum as may be specified by the Government by notification, from time to time in each instance, or grant for any term not exceeding three years a lease of any immovable property belonging to the Corporation or a lease or concession of any such right as aforesaid.

 

(3) In cases not covered by sub-section (1) or sub-section (2) the Commissioner shall not lease, sell or otherwise dispose of any movable or immovable property belonging to the Corporation without the previous sanction of the Corporation and of the Government.

 

(4) The sanction of the Standing Committee under sub-section (2) or the previous sanction of the Corporation and the Government under sub-section (3) may be given either generally or for any class of cases or specially for any particular case.

 

(5) The Commissioner may lend or let out on hire any movable property belonging to the Corporation on such conditions and for such periods as may be specified in regulations made by the Standing Committee in that behalf.

 

CHAPTER 6 : BORROWING POWERS

 

SECTION 149 : Powers to borrow from Central or State Government or other persons

 

The Corporation may, from time to time borrow or re-borrow and take up at interest from the Central or the State Government or with the sanction of the Government, from any other person, any sum necessary for the purpose of (a) defraying any costs, charges or expenses incurred or to be incurred by them in the execution of this Act.

 

(b) discharging any loan contracted under this Act or any other loan or debt for the repayment of which they are liable;

 

(c) making good any deficit in budget estimate, framed under Section 184;

 

(d) generally, carrying out the purposes of this Act.

 

SECTION 150 : Provisions applicable to any new loan contracted with Central or State Government

 

If any new loan shall be contracted by the Corporation under this Act with the Central or the State Government, the same shall be subject to such terms and conditions as regards the period and manner of re-payment, security and the rate of interest, as may be fixed by the Central Government, or as the case may be, by the State Government.

 

SECTION 151 : Mortgage of taxes or immovable property

 

(1) The Corporation may borrow or re-borrow any such sum as aforesaid from any person other than the Central or the State Government on the security of any immovable property belonging to them or proposed to be acquired by them under this Act or of all the taxes or of any tax which they are authorised be levy for the purposes of this Act or of all or any of those securities.

 

(2) And for the purpose of securing the repayment of any sum so borrowed, with interest thereon, they may mortgage to the person by or on behalf of whom such sum is advanced, any such immovable property or tax or the said undertaking.

 

SECTION 152 : Provisions as to exercise of borrowing powers

 

The exercise of the powers of borrowing conferred by this Act shall be subject to the following provisions, namely; (a) money shall not be borrowed for the execution of any work other than a permanent work including under this expression any work of which the cost ought, in the opinion of the Government, to be spread over a term of years;

 

(b) the money may be borrowed for such time, not exceeding sixty years, as the Corporation, with the sanction of the Government determine in each case;

 

(c) the Corporation shall either pay off the money so borrowed, within the period sanctioned, by equal annul instalments of principal or of, principal and interest, or in such other manner as may be approved by the Government or they shall in every year set apart as a sinking fund and accumulate in the way of compound interest, by investing the same in the purchase of public securities, such sum as will, with accumulations in the way of compound interest, be sufficient, after payment of all expenses ; to pay off the moneys so borrowed within the period sanctioned or within such other period as may be approved by the Government;

 

(d) the Corporation may at any time apply the whole or any part of sinking fund set apart under this section in or towards the discharge of the moneys for the repayment of which the fund has been established :

 

Provided that the Corporation pay into the fund each time that interest which would have been received by them in respect of the sinking fund or the part of the sinking fund so applied, and accumulate, until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been so received ;

 

(e) the investment every year of any sum set apart as portion of the principal of a sinking fund shall be made within fifteen days after the day on which the second half yearly payment of interest is due by the Corporation in respect of the loan for the repayment of which such sinking fund is established ; and the reinvestment of any sum received by the Corporation on account of interest on moneys appertaining to sinking fund already invested, and the investment of any sum payable into the fund under clause (d) as the equivalent of interest which the Corporation would have received, if the sinking fund or a part thereof had not been applied in any manner authorised by the said clause, shall be made within one month from the day on which such interest is received or from the day on which such interest would have been received, as the case may be: Provided that during the year in which the loan for repayment of which a sinking fund has been established is due for repayment, the sum to be set apart as portion of the principal of such sinking fund and the sum received on account of interest on moneys forming part of such sinking fund may be retained by the Corporation in such form as they think fit;

 

(f) where money is borrowed for the purpose of discharging a previous loan, the time for repayment of the money so borrowed shall not, unless sanctioned by the Government, extend beyond the unexpired portion of the period for which the original loan was sanctioned and shall in no case be extended beyond the period of sixty years from the date of the original loan.

 

SECTION 153 : Investment of sinking fund, and surplus moneys in debentures issued by the Corporation

 

(1) In respect of any sinking fund which by this Act the Corporation are directed or empowered to invest in public securities, and in respect of any surplus money which by this Act the Commissioner on behalf of the Corporation is empowered to invest in like securities, it shall be lawful for the Corporation to reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the Government shall have been duly obtained under Section 149, provided that the intention so to reserve and set apart such debentures shall have been notified as a condition of the issue of the loan.

 

(2) the issue of any such debentures direct to and in the name of the Municipal Commissioner, for the city or on behalf of the Corporation shall not operate to extinguish or cancel debentures, but every debenture so issued shall be valid in all respects as if issued to and in the name of any other person.

 

(3) the purchase by, or the transfer, assignment or endorsement to, the Corporation or to the Commissioner on behalf of the Corporation of any debenture issued by the Corporation for the improvement of the City shall not operate to extinguish or cancel any such debenture, but the same shall be valid and negotiable in the same manner and to the extent as if held by, or transferred, assigned or endorsed to any other person.

 

SECTION 154 : Annual examination of sinking funds

 

(1) All sinking funds established under this Act shall be subject to annual examination by the Accountant General x x x who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.

 

(2) The amount which should be at the credit of a sinking fund shall be calculated on the basis on the present value of all future payments required to be made to such fund under provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom

 

(3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current market value, except in the case of debentures issued under this Act which shall always be valued at par, provided that the Corporation shall make good immediately any loss which may accrue on the actual sale of such debentures at the time of the repayment of the loan.

 

(4) The Corporation shall forthwith pay into any sinking fund any amount which the Accountant-General, x x x may certify to be deficient, unless the Government specially sanctions a gradual readjustment.

 

(5) If the cash and the value of the securities at the credit of any sinking fund are in excess of the amount which should be at its credit, the Accountant-General, x x x shall certify the amount of such excess sum and the Corporation may thereupon transfer the excess sum to the municipal fund.

 

(6) If any dispute arises as to the accuracy of any certificate made by the Accountant-General, x x x under sub-section (4) or (5) the Corporation may, after making the payment or transfer, as the case may be, refer the matter to the Government whose decision shall be final.

 

SECTION 155 : Corporation may take advances from banks and grant mortgages

 

(1) Notwithstanding anything contained in Sections 149, 151 and 152 the Corporation may, with the previous sanction of the Government, and for the purpose of discharging any liability take from any bank or banks credit on a cash account to be opened and kept with such bank or banks in the name of the Corporation, for a sum not exceeding in the aggregate rupees fifteen lakhs on the security of all or any of the taxe which the Corporation are authorised to levy for the purpose of this Act.

 

(2) The Corporation may, also with the previous sanction of the Government and subject to the provisions of this Act, mortgage any lands or property vesting or revesting or belonging to the Corporation in security of the payment of the amount of such credit or of the sums advanced from time to time on such cash account with interest thereon.

 

SECTION 156 : Corporation to have power to borrow from banks against Government promissory notes or securities

 

Notwithstanding anything contained in Sections 149 and 152, the Corporation may also borrow for the purpose of this Act, from any bank or banks in which under Section 178 the surplus moneys at the credit of the muncipal fund may be deposited, against any Government promissory notes or other securities in which for the time being the cash balance of the Corporation may be invested.

 

SECTION 157 : Form of security

 

(1) Every mortgage authorised to be made under this chapter other than a mortgage made under Section 155 shall be by debenture in the from contained in Schedule D or in such other form as the Corporation, with the consent of the Government shall, from time to time determine.

 

(2) Every debenture issued under this Act shall be transferable by endorsement.

 

(3) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder thereof for the time being, without any preference by reason of some of such debentures being prior in date to others.

 

SECTION 158 : Issue of duplicate securities

 

(1) When a debenture issued under this Act relating to the Municipal Government is alleged to have been lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction, it would be payable, he may, on application to the Commissioner, and on producing proof to his satisfaction of the loss, theft or destruction and of the justice of the claim, obtain from him an order

 

(a) if the debentures alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),

(i) for the payment of interest in respect of the debenture pending the issue of duplicate debenture, and

(ii) for the issue of a duplicate debenture payable to the applicant ; or

(b) if the debenture alleged to have been lost, stolen or destroyed is payable not more than six years after the date of publication of the notification, referred to in sub-section (2).

(i) for the payment of interest in respect of the debenture, without the issue of a duplicate debenture; and

(ii) for the payment to the applicant for the principal sum due in respect of the debenture on or after the date of which payment becomes due.

(2) An order shall not be passed under sub-section (1) until after the issue of such notification of the loss, theft or destruction of the debenture and after the expiration of such period as may be determined by the Corporation, nor until the applicant has given such indemnity as may be required by the Corporation against the claims of all persons deriving title under the debenture lost, stolen or destroyed.

(3) A list of the debentures in respect of which an order is passed under sub-section (1) shall be published in the Andhra Pradesh Gazette.

(4) If at any time before the Corporation becomes discharged under the provisions of Section 162 from liability in respect of any debenture the whole of which is alleged to have been lost, stolen or destroyed, such debenture is found, any order passed in respect thereof under this Section shall be cancelled.

 

SECTION 159 : Renewal of debentures

 

Subject to the provisions of Section 160, a person claiming to be entitled to a debenture issued under this Act may on applying to the Commissioner and on satisfying him of the justice of his claim and delivering debenture receipted in such manner and paying such fee as may be determined by the Commissioner obtain a renewed debenture payable to the person applying.

 

SECTION 160 : Renewal of debentures in cases of dispute as to title

 

(1) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application for renewal has been made, the Commissioner may

 

(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party ; or

(b) refuse to renew the debenture until such a decision has been obtained ; or

(c) after such inquiry as is hereinafter provided and on consideration of the result thereof, declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration, issue a renewed debenture in favour of such party in accordance with the provisions of Section 159 unless within that period he has received notice that proceedings have been instituted by any person in a Court of competent jurisdiction for the purpose of establishing a title to such debenture.

Explanation:- For the purpose of this Sub-section the expression final decision' means a decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law.

 

(2) For the purposes of the inquiry referred to in Clause (c) of Sub-section (1) the Commissioner may himself record or may request Chief City Magistrate or the District Magistrate as the case may be to record or cause to be recorded, the whole or any part of such evidence as the parties may produce. The Chief City Magistrate or the District Magistrate to whom such request has been made, may himself record the evidence or may direct any Magistrate subordinate to him to record the evidence and shall forward the record of such evidence to the Commissioner.

 

(3) The Commissioner or any Magistrate acting under this section may, if he thinks fit, record the evidence on oath.

 

SECTION 161 : Liability in respect of debenture renewed

 

(1) When a renewed debenture has been issued under Section 159 in favour of any person, the debenture so issued shall be deemed to constitute a new contract between the Corporation and such person and all persons deriving the title thereafter through him.

 

(2) No such renewal shall affect the rights as against the Corporation of any other person to the debenture so renewed.

 

SECTION 162 : Discharge in certain cases

 

When a duplicate debenture has been issued under Section 158, or when a renewed debenture has been issued under Section 159 or Section 160, or when the principal sum due on a debenture in respect of which an order has bee made under Section 158, for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued, or in respect of which such payment has been made, as the case may be- (a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of Section 158 or from the date of the payment of interest on the original debenture, whichever date is later ;

 

(b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof ; and

 

(c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred in to sub-section (3) of Section 158.

 

SECTION 163 : Indemnity

 

Notwithstanding anything in Section 159 or 160, the Commissioner may in any case arising under either or those sections (1) issue a renewed debenture upon receiving such indemnity in favour of the Corporation and the Commissioner as he shall think fit against the claims of all persons claiming under the original debenture ; or

 

(2) refuse to issue a renewed debenture unless such indemnity is given.

 

SECTION 164 : Right of survivors of joint payees of securities

 

(1) Notwithstanding anything in Section 45 of the Indian Contract Act, 1872, when any debenture issued under this Act is payable to two or more persons jointly and either or any of them dies, the debenture shall be payable to the survivor or survivors of those persons.

 

(2) Nothing herein contained shall affect any claim which the representative of the deceased persons may have against the survivor or survivors in respect of the debenture jointly payable to him or them and the deceased.

 

(3) This section shall apply whether the death of the person to whom the debenture or security was jointly payable occurred or occurs before or after this section comes into force.

 

SECTION 165 : Power of one or two or more joint holders to grant receipts

 

Notwithstanding anything in Section 45 of the Indian Contract Act, 1872, when two or more persons are joint holders of any debenture issued under this Act, any one of those persons may give an effectual receipt for any interest or dividend payable in respect of such debenture unless notice to the contrary has been given to the Commissioner by any other of the holders.

 

SECTION 166 : Issue of stock certificates

 

(1) The Standing Committee at its discretion may at the time of issue or at any time during the currency of any debenture or security under this Act, upon the application of the subscriber for, or holder of any such debenture or security, issued to him lieu of the debenture or security deliverable to or held by him, a certificate in the nature of a stock certificate in respect of the loan to which such debenture or security relates, which shall be in such form as the Corporation with the previous consent of the Government shall from time to time determine, and all the provisions as to interest or dividend on such debentures or securities shall, so far as may be, apply to the interest on the stock certificate.

 

(2) The repayment of the principal sum mentioned in a stock certificate issued under sub-section (1) in lieu of debenture or any other security, not being a debenture issued under this Act in renewal of such a debenture, and the interest payable thereon shall be deemed to be secured by a mortgage of a proportion of all the taxes which may be levied under this Act in the same manner and to the same extent as if a debenture for the same sum has been issued in the form contained in Schedule D to this Act.

 

(3) The Standing Committee shall upon the application of the holder of a stock certificate convert the same into debentures or securities of the loan to which it relates.

 

(4) The Corporation may from time to time make, alter or rescind bye-laws regulating

 

(a) the amounts for which stock certificates may be issued;

(b) the fees to be levied in respect of the issue of stock certificates;

(c) the form of keeping a register of the holders of stock;

(d) the mode in which payment of interest to holders of stock is to be made, recorded and acknowledged;

(e) the form of transfer to be used, the formalities to be observed and the fees to be levied on a transfer of stock;

(f) the circumstances and manner in which duplicate stock certificates may be issued and the fees to be levied or the indemnity to be required on any such issue ;

(g) generally the measures to be adopted for carrying out the object of this section.

 

(5) No bye-law or alteration or rescission of a bye-law shall have effect until the same shall have been approved by the Government and such approval shall have been published in the Andhra Pradesh Gazette.

 

SECTION 167 : Annual statement to be prepared by the Commissioner

 

(1) The Commissioner shall, at the end of each year prepare a statement showing

 

(a) the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year with particulars of the amount outstanding at the commencement of the years; the date of borrowing and the annual loan charges ;

(b) the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges ;

(c) in the case of every loan for which a sinking fund is maintained, the amount of accumulation in the sinking fund at the close of the year showing separately the amount paid to the credit of the fund in the year ;

(d) the loans repaid in the year and in the case of the loans repaid in instalments or by annual drawings, the amount repaid in the year, and the balance due at the close of the year ;

(e) The particulars of securities in which the sinking funds have been invested or reserved therefor.

(2) Every such statement shall be laid before a meeting of the Corporation and shall be published in the Andhra Pradesh Gazette and copy of such statement shall be sent to the Government and to the Accountant-General x x x .

 

SECTION 168 : Attachment of Municipal fund for recovery of money borrowed from Government

 

(1) If any money borrowed by the Corporation from the Government, whether before or after the commencement of this Act, or any interest or costs due in respect thereof, be not repaid according to the conditions of the loan, the Government may attach the Municipal fund or any part thereof.

 

(2) After such attachment, no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any municipal authority, officer or servant might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings :

 

Provided that no such attachment shall defeat or prejudice any debt for which the fund attached was previously charged in accordance with law; but all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to the satisfaction of the debt due to the Government.

 

CHAPTER 7 : REVENUE AND EXPENDITURE THE MUNICIPAL FUND

 

SECTION 169 : Constitution of Municipal Fund

 

(1) Subject to the provisions of this Act and the rules and bye-laws

 

(a) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force, or under any contract,

(b) all proceeds of the disposal of property by or on behalf of the Corporation,

(c) all rents accruing from any property of the Corporation,

(d) all moneys raised by any tax levied for the purposes of this Act,

(e) all fees and fines payable and levied under this Act or under any rule, bye-law or standing order in force threunder,

(f) all moneys received by way of compensation or for compounding offences under the provisions of this Act,

(g) all moneys received by or on behalf of the Corporation from the Government or public bodies, private bodies or private individuals by way of grant or gift or deposit, subject however, to the conditions, if any, attached to such grant, gift or deposit, and

(h) all interest and profits arising from any investment of, or from any transaction in connection with any money belonging to the Corporation shall be credited to a fund which shall be called the Municipal Fund' and which shall be held by the Corporation in trust for the purposes of this Act, subject to the provisions therein contained.

 

(2) The Municipal Fund constituted under sub-section (1) shall include the accumulated balances at the credit of the Corporation immediately before coming into force of this Act.

 

SECTION 170 : Commissioner to receive payments on account of the Municipal Fund and to lodge them in a bank

 

All moneys payable to the credit of the Municipal Fund shall be received by the Commissioner and shall be forthwith paid into the State Bank of Hyderabad to the credit of an account which shall be styled "the account of the Municipal Fund of the City of....

 

SECTION 171 : How the fund shall be drawn against

 

(1) Subject to the provisions of Section 678 no payment shall be made by the Bank aforesaid out of the Municipal Fund except on a cheque signed by two persons in the manner specified below, namely

 

(a) by either the Commissioner, Additional Commissioner, Deputy Commissioner, Accounts Officer-cum-Financial Advisor or any other Officer authorised by the Government;

(b) by either the Examiner of Accounts or in his absence by the Officer immediately subordinate to him.

 

(2) Payment of any sum due by the Corporation in excess of rupees one hundred shall be made by means of a cheque signed as aforesaid and not in any other way.

 

(3) Payment of any sum due by the Corporation, not exceeding rupees one hundred in amount, may be made by the Commissioner in cash, cheque for sums not in excess of rupees one thousand each, signed as aforesaid, being drawn from time to time to cover such payments.

 

SECTION 172 : Only sums covered by a budget grant to be expended from Municipal Fund

 

(1) Except as hereinafter provided, no payment of any sum shall be made by the Commissioner out of the Municipal Fund, unless the expenditure of the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made under Section 191 or Section 192.

 

(2) Exceptions:- The following items shall be excepted from the prohibition imposed by sub-section (1), namely:-

 

(a) sums of which the expenditure has been sanctioned by the Standing Committee under Section 190; v(b) temporary payment under Section 176 for works urgently required in the public service;

(c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;

(d) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Municipal Fund by mistake;

(e) sums which the Commissioner is by sub-section (2) of Section 293, Section 398 and 406, sub-section (2) of Section 522, Sub- section (2) of Section 556, Section 648 and Clause (b) of Sub-section (2) of Section 667 required or empowered to pay by way of compensation;

(f) sums payable in any of the circumstances mentioned in Clause (f) of Section 174;

(g) expenses incurred by the Commissioner in the exercise of the powers conferred upon him by Section 565;

(h) costs incurred by the Commissioner under Clause (c) of Sub- section (3) of Section 117.

 

(3) In sub-section (1) "budget grant" means a budget within the meaning of that term as defined in Section 188 and includes any sum by which such budget grant may at any time be increased by a transfer under sub-section (1) of Section 191.

 

SECTION 173 : Procedure when money not covered by a budget grant is expended under Clauses (e), (f), (g) or (h) of Section 172

 

Whenever any sum is expended by the Commissioner under clauses (e), (f), (g), or (h) of Sub-section (2) of Section 172, he shall forthwith communicate the circumstances to the Standing Committee, which shall take such action under Sub-section (2) of Section 191 or recommend the Corporation to take, under Section 189 of under Sub-section (1) of Section 191, such action as shall in the circumstances, appear proper and expedient for covering the amount of the additional expenditure.

 

SECTION 174 : Purpose for which the Municipal Fund is to be applied

 

The moneys from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act or of any other law for the time being in force inclusive of (a) the expenses of every election held under this Act;

 

(b) the contributions required to be made under Sub-section (2) of Section 131;

 

(c) the salaries and other allowances of all municipal officers, servants and all contributions to provident funds, pensions, gratuities payable under the

 

provisions of this Act or the bye-laws or of the statement framed under this Act for the time being in force;

 

(d) all expenses and costs incurred by the Commissioner in the exercise of any power or the discharge of any duty conferred or imposed upon him by this Act, including moneys which he is required or empowered to pay by way of compensation ;

 

(e) any sum chargeable under Section 196;

 

(f) every sum payable

 

(i) under Section 664 or sub-section (1) of Section 678 to the Government;

(ii) under a decree or order of a Civil or Criminal Court passed against the Corporation or against the Commissioner, Deputy Commissioner or Assistant Commissioner, in their capacities as such ;

(iii) under a compromise of any suit or other legal proceeding or claim effected under Section 674;

 

(g) contributions to public institutions ;

 

(h) conveyance allowance to Mayor and the Member of the Corporation for attending any meeting of the Corporation or Committee appointed under this Act.

 

SECTION 175 : Municipal Fund where to be expended

 

Expenditure by the Corporation out of the Municipal Fund shall save as otherwise provided by this Act, be made within the city only, but may, by a resolution of the Corporation supported by not less than half the total number of Members, be made outside the city for any of the purposes of this Act.

 

SECTION 176 : Temporary payments from the Municipal Fund for works urgently required for public service

 

(1) On the written requisition of a Secretary to the Government, the Commissioner may at any time undertake the execution of any work certified by such Secretary to be urgently required in the public service and for this purpose may temporarily make payments from the Municipal Fund, so far as the same can be made without unduly interfering with the regular working of the Municipal Government. The cost of all work so executed and of the establishment engaged in executing the same shall be paid by the Government and credited to the Municipal Fund.

 

(2) On receipt of any requisition under Sub-section (1), the Commissioner shall forthwith forward a copy thereof to the Corporation, together with a report of steps taken by him in pursuance of the same.

 

SECTION 177 : Constitution of Special Funds

 

The Corporation may constitute such special funds as may be prescribed and such other funds as may be necessary for the purposes of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed.

 

SECTION 178 : Investment of surplus money

 

(1) Surplus moneys at the credit of the Municipal Fund which cannot be immediately or at an early date be applied to the purposes of this Act or of any loan raised thereunder may be, from time to time, deposited at interest in the State Bank of Hyderabad or be invested in public securities.

 

(2) All such moneys which are required to be kept readily available for application to purposes of this Act and all such surplus money which cannot in the opinion of the Commissioner and Standing Committee be deposited or invested in the manner specified under Sub-section (1) may be deposited at such bank or banks in the City which the Corporation may, subject to the approval of the Government from time to time select for the purpose.

 

(3) All such deposits and investments shall be made by the Commissioner on behalf of the Corporation with the sanction of Standing Committee, and with the like sanction, the Commissioner may at any time withdraw any deposit so made or dispose of any securities and redeposit or reinvest the money so withdrawn or the proceeds of the disposal of such securities; but no order for making any deposit or investment, withdrawal or disposal under this section shall have validity unless the same be in writing, signed by two persons in the manner specified in Sub-section (1) of Section 171 for signing of cheques.

 

(4) The loss, if any, arising from any such deposit or investment shall be debited to the Municipal Fund.

 

SECTION 179 : Accounts to be kept in forms specified by Standing Committee

 

Subject to the provisions of this Act, accounts of the receipt and expenditure of the Corporation shall be kept in such manner and in such forms as the Standing Committee shall from time to time specify.

 

SECTION 180 : Preparation of Annual Administration Report and Statement of Accounts

 

(1) The Commissioner shall, as soon as may be after each first day of April, cause to be prepared a detailed report of the municipal administration of the city during the previous financial year, together with a statement showing the amounts of the receipts and disbursements credited and debited to the Municipal Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Standing Committee.

 

(2) The Commissioner shall incorporate with the said report and statement

 

(a) report for the same period from each head of a department subordinate to him;

(b) the account of balances due on loans then last published under Section 167.

 

(3) After examination and review of the report and statement by the Standing Committee, a printed copy of such report and statement together with a copy of the Committee's review shall be forwarded to the usual or last known local place of abode of each Member by such date as the Standing Committee may from time to time, specify and copies thereof, shall be placed for sale at the Chief Municipal Office at such price as the Commissioner may fix.

 

SECTION 181 : Report and statement to be laid before the Assembly

 

(1) The Commissioner shall forward a copy of each of the report and statement prepared by him under Section 180 together with a copy of the Committee's review to the Local Administration Department for the purpose of being laid before the Legislative Assembly of the State.

 

(2) On receipt of such report and statement the Secretary to Government, Local Administration Department shall with such comments, if any, as he may deem necessary to make thereon take steps to cause the said report and statement to be laid without delay before the Legislative Assembly.

 

SECTION 182 : Estimates of income and expenditure to be prepared annually by Commissioner

 

The Commissioner shall on or before each tenth day of November, cause to be prepared and lay before the Standing Committee, in such form as the said Committee shall from time to time approve:- (a) an estimate of the expenditure which must or should in his opinion, be incurred by the Corporation in the next ensuing financial year;

 

(b) an estimate of all balances, if any, which will be available for reappropriation on expenditure at the commencement of the next ensuing financial year ;

 

(c) an estimate of the Corporation's receipt and income for the next ensuring financial year other than from taxation ;

 

(d) a statement of proposals as to the taxation which it will, in his opinion, be necessary or expedient to impose under the provisions of this Act in the next ensuing financial year.

 

SECTION 183 : Classification of budget heads

 

The expenditure side of a budget estimate shall be classified under major heads, monir heads, subordinate heads and primary units:- (a) 'Major head' means the principal head of accounts corresponding to the different services under which expenditure is classified in the budget estimate, and may be divided into two or more heads ;

 

(b) 'Minor head' means the head of accounts immediately subordinate to a major head under which each major head is classified in and may be further sub-divided into two or more subordinate heads;

 

(c) 'Subordinate head' means the head of accounts immediately subordinate to a minor head under which each minor head is classified and may be further sub-divided into two or more primary units;

 

(d) 'Priminary unit' means the ultimate group or groups into which individual items of expenditure in the budget estimates are arranged.

 

SECTION 184 : Budget estimates to be prepared by the Standing Committee

 

(1) The Standing Committee shall on or as soon as may be after each tenth day of November consider the estimates and proposals of the Commissioner after having obtained from the Commissioner such further detailed information, if any, as they shall think fit to require and having regard to the requirements of this Act shall frame therefrom subject to such modifications and additions therein or thereto as they consider them fit a budget estimate of the income and expenditure of the Corporation for the next financial year.

 

(2) The budget estimate of a Standing Committee shall

 

(a) propose with reference to the provisions of Chapter VIII the levy of municipal tax at such rates and in the case of octroi on such articles they shall think fit;

(b) provide for the payment, as they fall due of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act ;

(c) allow for the appropriation of any special funds of the sum estimated by the Corporation, revised it thinks proper;

(d) provide any funds it considers from the balances of any special funds maintained under Section 177;

(e) allow for a cash balance at the end of the said year exclusive of the balances, if any, in any special fund constituted under Section 177 of a sum prescribed in this behalf.

(3) The Commissioner shall cause the budget estimates as finally approved by the Standing Committee to be printed and shall, not later than the 15th day of December, forward a printed copy thereof to the usual or last known local place of abode of each Member.

 

SECTION 185 : Consideration of Budget estimate by Corporation

 

At a meeting of the Corporation which shall be called for some day in January, not later than the tenth, the budget estimate, prepared by the Standing Committee with the report of the Standing Committee thereon shall be laid before the Corporation and they shall proceed to consider the same.

 

SECTION 186 : Fixing of rates of taxes

 

The Corporation shall, on or before the twentieth day of February, after considering the Standing Committee's proposal in this behalf, determine, subject to the limitations and conditions provided in Chapter VIII, the rates at which municipal taxes referred to in Section 197 shall be levied in the next ensuing financial year.

 

SECTION 187 : Final adoption of budget estimates

 

Subject to the requirements of Section 186, the Corporation may refer the budget estimate back to the Standing Committee for further consideration, or adopt the budget estimates or any revised bedget estimates submitted to them as they stand or subject to such alterations as they deem expedient ; Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in clauses (b), (c) and (e) of sub-section (2) of Section 184.

 

SECTION 188 : Budget grant defined

 

The total sum entered under a major head on the expenditure side which has been adopted by the Corporation shall be termed a budget grant'.

 

SECTION 189 : Corporation may increase amount of budget grants and make additional grants

 

(1) On the recommendation of the Standing Committee, the Corporation may, from time to time during financial year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year shall be reduced below the prescribed sum under Clause (e) of Sub-section (2) of Section 184.

 

(2) Such increased or additional budget grants shall be deemed to be included in the budget estimates adopted by the Corporation for the year in which they are made.

 

SECTION 190 : Unexpended budget grants

 

If the whole budget grant or any portion thereof remains unexpended at the close of the year in the budget estimate for which such grant was included and if the amount thereof has not been taken into account in the opening balance of the Municipal Fund, the Standing Committee may sanction the expenditure of such budget grant or such unexpended portion thereof, as the case may be during the next two following years for the completion according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.

 

SECTION 191 : Reductions of transfer

 

(1) Subject to the provisions of Sub-section (1) of Section 189, the Corporation may, on the recommendation of the Standing Committee, from time to time, during a financial year sanction the transfer of any amount from one bedget grant to another.

 

(2) The Standing Committee may, at any time during a financial year

 

(a) reduce the amount of a budget grant;

(b) sanction the transfer of any amount within a budget grant from one minor head to another or from a subordinate head under one minor head to a subordinate head under another minor head ;or

(c) sanction the transfer of any amount exceeding rupees five thousand within a minor head from one subordinate head to another or from one primary unit to another.

 

(3) The Commissioner may, at any time during a financial year, sanction the transfer of any amount not exceeding rupees five lakhs within a minor head from one subordinate head to another or from one primary unit to another, if such transfer does not involve a recurring liability;

 

Provided that every transfer of an amount exceeding rupees fifty thousand made under sub-section (3) shall be reported forthwith by the Commissioner to the Standing Committee and the said Committee may pass with regard thereto such order as they may think fit; and it shall be incumbent on the Commissioner to give effect to such order.

 

(4) When making any transfer under Sub-sections (1),(2) and (3) due regard shall be had to all the requirements of this Act.

 

(5) If any such reduction as is referred to in clause (a) of sub-section (2) exceeds rupees five hundred, the Corporation may pass with regard thereto such order as they may think fit, and it shall be incumbent on the Standing Committee and the Commissioner to give effect to such order.

 

SECTION 192 : Readjustment of income and expenditure to be made by the Corporation during the course of financial year whenever necessary

 

(1) If it shall at any time during any financial year appear to the Corporation, upon the representation of the Standing Committee, that notwithstanding any reduction of budget grants that may have been made under Section 191, the income of the Municipal Fund during the said year will not suffice to meet the expenditure sanctioned in the budget estimates of the said year as so reduced and to leave at the close of the year a cash balance of not less than the prescribed sum in the case of the Municipal Fund, it shall be incumbent on the Corporation to sanction forthwith any measure which shall be necessary for proportioning the year's income to the expenditure.

 

(2) For the purposes of Sub-section (1) the Corporation may diminish the sanctioned expenditure of the year so far as it may be possible so to do with due regard to the provisions of this Act.

 

SECTION 193 : Weekly scrutiny of accounts by Examiner of Accounts and scrutiny of accounts by the Standing Committee

 

(1) The Municipal Examiner of Accounts shall conduct a weekly examination and audit of the municipal accounts and shall report thereon to the Standing Committee which may also from time to time and for such period as it thinks fit conduct independently an examination and audit of the municipal accounts.

 

(2) For the purposes of Sub-section (1) the Standing Committee and the Municipal Examiner of Accounts shall have access to all the municipal accounts and to all records and correspondence relating thereto, and the Commissioner shall forthwith furnish to the Standing Committee or the Municipal Examiner of Accounts any explanation concerning receipts and disbursements which they may call for.

 

SECTION 194 : Duties and powers of the Municipal Examiner of Accounts

 

The Municipal Exami- ner of Accounts in addition to any other duties or powers imposed or conferred upon him under this Act shall perform the duties and may exercise the powers specified in Schedule E.

 

SECTION 195 : Report by Examiner of Accounts

 

(1) The Municipal Examiner of Accounts shall

 

(a) report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts;

(b) furnish to the Standing Committee such information as the said Committee may, from time to time require concerning the progress of the audit.

 

(2) The Standing Committee shall cause to be laid before the Corporation every report made by the Municipal Examiner of Accounts to the Standing Committee and every statement of the views of the Municipal Examiner of Accounts on any matter affecting the performance and exercise of the duties and powers assigned to him under this Act which the Municipal Examiner of Accounts may require the Standing Committee to place before the Corporation, together with a report stating what orders, if any, have been passed by the Standing Committee upon such report or statement and the Corporation may take such action in regard to the matters aforesaid as the Corporation may deem necessary.

 

(3) As soon as may be after commencement of each financial year the Municipal Examiner of Accounts shall deliver to the Standing Committee a report upon the whole of the municipal accounts for the previous financial year.

 

(4) The Commissioner shall cause the said report to be printed and a copy thereof forwarded to each Member along with printed copy of Administration Report and Statement of Accounts referred to in Section 180.

 

SECTION 196 : Audit of Accounts

 

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

 

SECTION 196A : Finance Commission

 

(1) The Finance Commission constituted by the Governor in pursuance of Article 243-I of the Constitution shall also review the financial position of the Corporation and make recommendations to the Government as to,-

 

(a) the principles which should govern

(i) the distribution between the State and the Corporation of the net proceeds of the taxes, duties, tools and fees leviable by the State, which may be divided between them under this part and the allocation between the Corporation of their respective shares of such proceeds;

(ii) the determination of the taxes, tools and fees which may be assigned to, or appropriated by the Corporation.

(iii) the grants-in-aid to the Corporation from the Consolidated Fund of the State.

(b) the measures needed to improve the financial position of the Corporation;

(c) any other mater referred to the Finance Commission by the Government in the interests of sound finances of the Corporation.

 

(2) The Government shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly of the State.

 

CHAPTER 8 : MUNICIPAL TAXATION

 

SECTION 197 : Taxation to be imposed under this Act

 

(1) (i) For the purposes of this Act, the Corporation shall impose the following taxes, namely:-

(a) taxes on lands and buildings ;

(b) octroi ;

(c) taxes on vehicles;

(d) x x x;

(e) taxes on advertisements other than advertisements published in the newspapers;

(f) a tax on transfer of immovable property.

(ii) In addition to the taxes specified in clause (i) the Corporation may for the purposes of this Act and subject to the provisions thereof also impose any of the following taxes:-

(a) taxes on entertainments;

(b) x x x x ;

 

(2) The Corporation may impose any tax other than those specified under Sub-section (1) subject to the previous sanction of the Government.

 

(3) The taxes specified in Sub-section (1) and (2) shall be assessed and levied in accordance with the provisions of this Act and rules made thereunder.

 

SECTION 198 : Notice regarding levy of taxes

 

(1) Before the corporation passes any resolution imposing a tax specified in sub-section (1) of Section 197 for the first time or at a new rate it shall direct the Commissioner to publish a notice in the Andhra Pradesh Gazette and in the local newspaper of its intention to do so and fix a reasonable period not being less than one month, from the date of publication of such notice in the Andhra Pradesh Gazette for submission of objections. The Corporation may, after considering the objections, if any, received within the period specified, determined by resolution to levy the tax. Such resolution shall specify the rate at which, the date from which and the period of levy if any, for which, such tax shall be levied.

 

(2) When the Corporation shall have determined to levy any tax for the first time or at a new rate, the Commissioner shall publish a notice in the manner laid down in Sub-section (1) specifying the date from which, the rate at which, and the period of levy, if any, for which, such tax shall be levied :

 

Provided that if the Corporation is indebted to the Government, the rates of the taxes already levied shall not be reduced without the sanction of the Government.

 

SECTION 199 : Property taxes of what to consist and at what rate leviable

 

(1) The following taxes shall subject to exceptions, limitations and conditions herein provided be levied on buildings and lands in the City and shall hereinafter be referred to as property taxes, namely:-

 

(a) a general tax;

(b) a water tax;

(c) a drainage tax;

(d) a lighting tax;

(e) a conservancy tax;

 

(2) Save as otherwise provided in this Act these taxes shall be levied at such percentages of their rateable value as may be fixed by the Corporation :

 

Provided that the aggregate of the percentages so fixed shall not in the case of any land or building be less than 15 per cent or greater than 30 per cent.

 

SECTION 200 : Water tax on what premises levied

 

Subject to the provisions of Section 227 the water tax shall be levied only in respect of premises,- (a) to which private water supply is furnished from, or which are connected by means of communication pipes with, any Board Water Works ; or

 

(b) which are situated in a portion of the city in which the Commissioner has given public notice that sufficient water is available from Board Water Works for furnishing a reasonable supply to all premises in the said portion.

 

SECTION 201 : Conservancy tax on what premises to be levied

 

(1) The conservancy tax shall be levied only in respect of premises-

 

(a) situated in any portion of the city in which public notice has been given by the Commissioner that the collection, removal and disposal of all excrementitious and polluted matter from privies, urinals and cesspools will be undertaken by municipal agency ;

(b) in which, wherever situate, there is a privy, water closet, cesspool, urinal bathing place or cooking place connected by a drain with a Board sewer. (As Amended by Act, No. 8 of 1982);

Provided that the said tax shall not be levied in respect of any premises situated in any portion of the city specified in clause (a), in or upon which, in the opinion of the Commissioner, no such matter as aforesaid accumulates or is deposited.

 

(2) Premises in respect of which the Commissioner has directed that a separate water-closet, privy or urinal need not be provided shall be deemed to be liable to the levy of conservancy tax, if but for such direction, the tax would be leviable in respect thereof.

 

SECTION 202 : General tax on what premises to be levied

 

(1) The general tax shall be levied in respect of all buildings and lands in the city except

 

(a) buildings and lands solely used for purposes connected with the disposal of the dead ;

(b) buildings and lands or portions thereof solely occupied and used for public worship or for a charitable x x x purpose;

(bb) educational institutions upto 10th class, the buildings, of which are donated by charitable institutions or philanthropists, or which are depending on the grant-in-aid by the Government for the maintenance and such other educational institutions which are not running purely on commercial lines, but serving the cause of primary education which Government may consider from time to time ;

(c) buildings and lands vesting in the Central Government or the Corporation;

(d) buildings and lands vesting in the x x x State Government used solely for public purposes and not used or intended to be used for purposes of profit in respect of which the said tax, if livied would under the provisions hereinafter contained be primarily leviable from the x x x State Government as the case may be.

 

(2) The following buildings and lands or portions thereof shall not be deemed to be solely occupied and used for public worship or for a chartiable or educational purposes within the meaning of clause (b) of Sub-section (1), namely:-

 

(a) buildings or lands or portions thereof in which any trade or business is carried on; and

(b) buildings or lands or portions thereof in respect of which rent is derived, whether such rent is or is not applied solely to religious or charitable or educational purposes.

 

(3) Where any portion of any building or land is exempt from the general tax by reason of its being solely occupied and used for public worship or for a chartiable or educational purpose, such portion shall be deemed to be a separate property for the purpose of municipal taxation.

 

SECTION 202A : Exemption of Property Tax

 

(1) The Government may exempt any residential building occupied by the owner from the property tax where the annual rental value of the same does not exceed rupees six hundred.

 

(2) In respect of every house constructed for the urban poor, the Corporation shall collect an amount of rupees two for every half year towards property tax.

 

SECTION 203 : Payment to be made to Corporation in lieu of general tax by the x x x State Government, as the case may be

 

The x x x State Government (as the case may be) shall pay to the Corporation annually in lieu of the general tax from which buildings and lands vesting in the said Governments respectively are exempted by clause (d) of sub-section (1) of Section 202, a sum ascertained in the manner provided in Sub-sections (2) and (3).

 

(2) The rateable value of the buildings and land in the city vesting in the x x x State Government in respect of which, but for the said exemption, general tax would be leviable from the x x x State Government as the case may be, shall be fixed by a person, from time to time appointed in this behalf by the State Government with the concurrence of the Corporation. The said value shall be fixed by the said person, with a general regard to the provisions contained in this Act and the rules made thereunder concerning the valuation of property assessable to property taxes, at such amount as he shall deem to be fair and reasonable. The decision of the person so appointed shall hold good for a term of five years, subject only to proportionate variation. if in the meantime the number or extent of the buildings and lands vesting in the x x x State Government in the city materially increases or decreases.

 

(3) The sum to be paid annually to the Corporation by the x x x the State Government, as the case may be, shall be the amount which would be payable by an ordinarily owner of buildings or lands in the city on account of the general tax, on a rateable value of same amount as that fixed under Sub-section (2).

 

(4) The Government may impose a suitable cut in the amounts of grants as the case may be the compensation to be released in respect of corporation whose tax collection is less than eighty-five per cent of the demand of each year.

 

SECTION 204 : Primary responsibility for property taxes on whom to rest

 

(1) Property taxes shall be leviable primarily from the actual occupier of the premises upon which the said taxes are assessed if such occupier holds the said premises immediately from the Government or from the Corporation.

 

(2) Otherwise the said taxes shall be primarily leviable as follows, namely:-

 

(a) if the premises are let, from the lessor;

(b) if the premises are sub-let, from the superior lessor; and

(c) if the premises are unlet, from the person in whom the right to let the same vests.

 

(3) But if any land has been let for any term exceeding one year to a tenant, and such tenant has build upon the land, the property taxes assessed upon the said land and upon the building erected thereon shall be primarily leviable from the said tenant or his legal representative, whether the premises be in the occupation of the said tenant or of his legal representative, or of sub-tenant.

 

SECTION 205 : Apportionment of responsibility for property tax when the premises assessed are let or sub-let

 

If any premises to any property tax are let, and their rateable value exceeds the amount of rent payable in respect thereof to the person from whom, under the provisions of the last preceding section, the said tax is leviable, the said person shall be entitled to receive from his tenant the difference between the amount of the property tax levied from him, and the amount which would be leviable from him if the said taxes were calculated on the amount of rent payable to him.

 

(2) If the premises are sub-let and their rateable value exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount of rent payable in respect thereof to sub-tenant, by the person holding under him, the said tenant shall be entitled to receive from his sub-tenant or the sub-tenent shall be entitled to receive from the person holding under him, as the case may be, the difference between any sum recovered under this section from which tenant or sub-tenant and the amount of property tax which would be leviable in respect of the said premises if the rateable value thereof were equal to the difference between the amount of rent which such tenant or sub-tenant receives, and the amount of rent which he pays.

 

(3) Any person entitled to receive any sum under this Section shall have, for the recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to receive the same.

 

SECTION 206 : Person primarily liable for Property Tax entitled to credit, if he is a rent payer

 

If any person who is primarily liable for the payment of any property tax himself pays rent to another person other than the Government or the Corporation in respect of the premises upon which such tax is assessed, he shall be entitled to credit in account with such other person for such sum as would be leviable on account of the said tax if the amount of the rent payable by him were the rateable value of the said premises.

 

SECTION 207 : Notice to be given to the Commissioner of all transfers of title of persons primarily liable to payments property of tax

 

(1) Whenever the title of any person primarily liable for the payment of property taxes on any premises, to or over such premises is transferred, the person whose title is so transferred shall, within three months from the date of the execution of the instrument of transfer, or its registration, if it be registered, or effecting the transfer if no instrument be executed, give notice of such transfer, in writing to the Commissioner.

 

(2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred, as heir or otherwise, shall give notice of such transfer to Commissioner within one year from the death of the deceased.

 

SECTION 208 : Form of notice

 

(1) The notice to be given under the last preceding section shall be in the Forms 1and 2, as the case may be, of Schedule F and shall state clearly and correctly all the particulars required by the said form.

 

(2) On receipt of any such notice, the Commissioner may, if he thinks it necessary require the production, of the instrument of transfer, if any or of a copy thereof obtained under Section 57 of the Registration Act, 1908 (Central) or any evidence acceptable to the Commissioner on the point of the title of the deceased person being transferred to him as heir or otherwise.

 

(3) No such notice shall be deemed to be validly given unless the property taxes due at the date of notice in respect of the premises to which it relates have been paid and unless such fee as may from time to time be fixed by the Standing Committee for the acceptance of such notice has been paid.

 

SECTION 209 : Liability for payment of property taxes to continue in the absence of any notice or transfer

 

(1) Every person primarily liable for payment of a property tax on any premises who transfers his title to or over such premises without giving notice of such transfer to the Commissioner as aforesaid shall in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of all property taxes from time to time payable in respect of the said premises until he gives such notice, or until the transfer shall have been recorded in the Commissioner's book.

 

(2) But nothing in this section shall be held to diminish the liability of transferee for the said property taxes, or to affect the prior claim of the Commissioner on the premises conferred by Section 238, for the recovery of the property taxes due thereupon.

 

SECTION 210 : Notice to be given to the Commissioner of the erection of a new building, etc

(1) When any building is newly erected or re-erected, or when any building which has been vacant is re- occupied, the person primarily liable for the property taxes assessed on the building shall within fifteen days give notice thereof, in writing to the Commissioner.

 

(2) The said period of fifteen days shall be counted from the date of the completion or of the occupation, whichever first occurs, of the building which has been newly erected or re- erected and in the case of a building which has been vacant, from the date of the re-occupation thereof.

 

SECTION 211 : Notice to be given to the Commissioner of demolition or removal of a building

 

(1) When any building or any portion of a building, which is liable to the payment of a property tax, is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said tax shall give notice thereof, in writing, to the Commissioner.

 

(2) Until such notice is given the person aforesaid shall continue to be liable to pay every such property tax as he would have been liable to pay in respect of such building if the same or any portion thereof, had not been demolished or removed ;

 

Provided that nothing in this section shall apply to a building or any portion thereof which has fallen down or been burnt down.

 

SECTION 212 : Rateable value how to be determined

 

(1) (a) The annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to be let from month to month or from year to year with reference to its location, type of construction, plinth area, age of the building, nature of use to which it is put and such other criteria as may be prescribed ;

(b) the annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to let from month to month or from year to year, less a deduction at the rate of 10% for buildings aged upto 25 years; and 20% for the buildings aged above 25 years; of that portion of such gross annual rent which is attributable to the buildings, apart from their sites and adjacent lands occupied as an appurtenance thereto and the said deduction shall be in lieu of all allowances for repairs or on any other account whatsoever.

Provided that a rebate of 40 per cent of the annual rental value shall be allowed in respect of the residential buildings occupies by the owner inclusive of the deduction permissible elsewhere.

 

(2) Any vacant land not exceeding three times the plinth area of the building including its site or a vacant land to the extent of one thousand square metres, whichever is less shall be deemed to be adjacent premises occupied as an appuretenant to the building, and assessed to tax in accordance with the provisions of this section and the area, if any in excess of the said limit shall be deemed to be land not occupied by or adjacent and appuretenant to such building and the tax shall be levied thereon at two percent of the estimated capital value of land;

 

(3) All plant and machinery contained or situate in or upon any building or land and belonging to any of the classes specified from time to time by public notice by the Commissioner with the approval of the Corporation, shall be deemed to form part of such building or land for the purpose of fixing the rateable value thereof under Sub-section (1).

 

(4) A statement setting out clearly the class of plant and machinery specified under Sub-section (3) and describing in detail what plant and machinery falls within each such class shall be prepared by the Commissioner under the direction of the Standing Committee and shall be open to inspection at all reasonable hours by members of the public at the Chief Office of the Municipal Corporation.

 

(5) Printed copies of the statement prepared under Sub-section (3) shall be kept at the Chief Office of the Municipal Corporation for sale at such price as the Commissioner may fix.

 

SECTION 213 : Commissioner may call for information or returns from owner or occupier or enter and inspect assessable premises

 

(1) To enable the determination of the rateable value of any building or land and the person primarily liable for the payment of any property tax leviable in respect thereof the Commissioner may require the owner or occupier of such building or land, or of any portion thereof, to furnish him, within such reasonable period as the Commissioner specifies in this behalf, with information or with a written return signed by such owner or occupier

 

(a) as to the name and place of abode of the owner or occupier, or of both the owner and occupier of such building or land; and

(b) as to the dimensions of such building or land, or of portion thereof, and rent, if any, obtained for such building, or land, or any portion thereof.

 

(2) Every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his knowledge or belief.

 

(3) The commissioner may also for the purposes aforesaid make an inspection of any such building or land.

 

SECTION 214 : Assessment book what to contain

 

The Commissioner shall keep a book, to be called the assessment book in which shall be entered every financial year (a) a list of all buildings and lands in the City distinguishing each either by name or number, as he shall think fit;

 

(b) the rateable value of each such building and land, determined in accordance with the foregoing provisions of this Act;

 

(c) the name if ascertained of the person primarily liable for the payment of the property taxes, in respect of each such building or land ;

 

(d) if any such building or land is not liable to be assessed to the general tax, the reason of such non-liability ;

 

(e) when the rates of the property taxes to be levied for the year have been duly fixed by the Corporation and the period fixed by public notice, as hereinafter provided, for the receipt of complaints against the amount of rateable value entered in any portion of the assessment book, has expired and in the case of any such entry which is complained against, when such complaint has been disposed of in accordance with the provisions hereinafter contained, the amount at which each building or land entered in such portion of the assessment book in assessed to each of the property taxes, if any, leviable thereon;

 

(f) if, under Section 227 or 228, a charge is made for water supplied to any building or land by measurement of the water tax or water charge,for any building or land is fixed at a special rate, the particulars and amount of such charge, composition or rate;

 

(g) such other details, if any, as the Commissioner from time to time thinks fit to direct.

 

SECTION 215 : The assessment book to be made separately for each ward and in parts, if necessary

 

(1) Each of the wards into which the City is for the time being divided by the Corporation for efficient administration of Municipal Government, shall have a separate assessment book called Ward Assessment Book', and each ward assessment book may, if the Commissioner thinks fit, be divided into two or more parts for such purposes and with such several designations as the Commissioner shall determine.

 

(2) The Ward Assessment Books and their respective parts, if any, shall collectively constitute the assessment book.

 

SECTION 216 : Treatment of property which is let to two or more persons in separate occupancies

 

(1) When any building or land is let two or more persons holding in severalty, the Commissioner may, for the purpose of assessing such building or land to the property taxes, either treat the whole thereof as one property, or, with the written consent of the owner of such building or land, treat each several holding therein or any two or more of such several holdings together, or each floor at flat, as a separate property.

 

(2) When the Commissioner had determined to treat all several holdings comprised within any one building or land repeated under this section as one property, he may subject to any general conditions which may, from time to time, be specified by the Standing Committee in this behalf, at any time not later than seven days before the first day on any half-year or quarter-year, as the case may be, for which an instalment of general tax shall be leviable in respect of the said property, sanction a draw-back of one-fifth part of the general tax so leviable.

 

(3) Every person who applies for a drawback under Sub-section (2) shall furnish to Commissioner full and correct information regarding the property in respect of which the claim for drawback is made and the several holdings comprised therein in such form and in such particulars as may be required by the Commissioner in accordance with general conditions specified in this behalf by the Committee.

 

SECTION 217 : Person primarily liable for property taxes how to be designated, if his name cannot be ascertained

 

(1) When the name of the person primarily liable for the payment of property taxes in respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment book and in any notice which it may be necessary to serve upon the said person under this Act, the holder' of such premises, within further description.

 

(2) If, in any such case, any person in occupation of the premises shall refuse to give such information as may be requisite for determining the persons primarily liable as aforesaid, the person in occupation shall himself be liable, until such information is obtained for all property taxes leviable on the premises of which he is in occupation.

 

SECTION 218 : Public notice to be given when valuation of property in any ward has been completed

 

(1) When the entries required by clauses (a), (b), (c) and (d) of Section 214 have been completed, as far as practicable, in a ward assessment book, the Commissioner shall give public notice thereof and of the place where the ward assessment book or copy of it, may be inspected.

 

(2) Such public notice shall be published in the Andhra Pradesh Gazette and in the local daily newspapers and also by posting placards in conspicuous places throughout the ward.

 

SECTION 219 : Assessment book to be open to Inspection

 

(1) Every person who reasonably claims to be the owner or occupier of some premises entered in the assessment book or the agent of any such owner or occupier shall be permitted free of charge, to inspect and to take extracts from any portion of the said book which relates to the said premises.

 

(2) Any person not entitled under Sub-section (1) to inspect and take extracts from any portion of the assessment book free of charge shall be permitted to do so an payment of such fee as shall from time to time be determined in this behalf by the Commissioner, with the approval of the Standing Committee.

 

SECTION 220 : Time for filing complaints against valuations to be publicly announced

 

(1) The Commissioner shall, at the time and in the manner provided in Section 218, give public notice of a day, not being less than twenty one days from the publication of such notice, on or before which complaints against the amount of rateable value entered in the ward assessment book will be received in his office.

 

(2) In every case in which any premises have for the first time been entered in the assessment book as liable to the payment of property taxes, or in which the rateable value of any premises liable to such payment has been increased, the Commissioner shall, as soon as conveniently may be after the issue of the public notice under Sub-section (1), give a special written notice to the owner or occupier of the said premises specifying the nature of such entry and informing him that any complaint against the same will be received in his office at any time within fifteen days from the service of the special notice.

 

(3) Notwithstanding anything contained in this Act and the rules made thereunder, where a building is constructed, or reconstructed, or some structures are raised unauthorisedly, it shall be competent to the assessing authority to levy property tax on such building or structure with a penalty of ten percent on the amount of tax levied till such unauthorised construction is demolished or regularised. A separate receipt for the penalty levied and collected shall be issued.

 

SECTION 221 : Time and manner of filing complaints against valuation

 

(1) Every complaint against the amount of any rateable value entered in the assessment book shall be made by written application to the Commissioner, which shall be left at his office on or before the day fixed in this behalf in the public or special notice aforesaid.

 

(2) Every such application shall set forth briefly but fully the grounds on which the valuation is complained against ;

 

Provided that the Commissioner may waive any delay in making the complaint under Section 220 or 221 in case such complaint is made in the same financial year explaining the delay to the satisfaction of the Commissioner.

 

SECTION 222 : Notice to complainants of day fixed for investigating their complaints

 

The Commissioner shall cause all complaints so received to be registered in a book to be kept for this purpose and shall give notice in writing, to each complainant, of the day, time and place when and where at his complaint shall be investigated.

 

SECTION 223 : Hearing of complaint

 

(1) At the time and place so fixed, the Commissioner shall investigate and dispose of the complaint in the presence of the complainant, if he shall appear, and if not, in his absence.

 

(2) For reasonable cause to be recorded, the Commissioner may, from time to time, adjourn the investigation.

 

(3) When the complaint is disposed of, the result thereof shall be noted in book of complaints kept under Section 222 and necessary amendments, if any shall be made in accordance with such result, in the assessment book.

 

SECTION 224 : Authentication of ward assessment books when all complaints have been disposed of

 

(1) When the complaints, if any, have been disposed of and the entires required by clause (e) of Section 214 have been completed in the ward assessment book, the said book shall be authenticated by the Commissioner, who shall certify, under his signature, that except in the cases, if any, in which amendments have been made as shown therein, no valid objection has been made to rateable values entered in the said book.

 

(2) Thereupon, the said ward assessment book subject to such alterations as may thereafter be made therein under the provisions of the next following section shall be accepted as conclusive evidence of the amount of each property tax leviable on each building and land, in the ward, in the financial year to which the books relates.

 

SECTION 225 : Assessment book may be amended by the Commissioner during the financial year

 

(1) Subject to the provisions of Sub-section (2) the Commissioner may upon the representation of any person concerned or upon any other information at any time during the financial year to which the assessment book relates amend the same

 

(a) by inserting therein the name of any person whose name ought to be so inserted or any premises previously omitted;

(b) by striking out the name of the person not liable to the property-tax;

(c) by increasing or reducing the amount of any rateable value and of the assessment based thereupon;

(d) by altering the assessment on any land or building which has been erroneously valued or assessed through fraud, accident or mistake;

(e) by inserting or altering an entry in respect of any building erected, re-erected, altererd, added to or reconstructed in whole or of in part after the preparation of the assessment book;

(f) by making or cancelling any entry exempting with the approval of the Standing Committee any premises from liability to any property tax.

 

(2) Where any amendment is made under sub-section (1) which has the effect of imposing on any person any liability for the payment of property taxes which would not be incurred but for such amendment or which has the effect or increasing the rateable value of any premises as stated in the assessment book, a special written notice as provided in sub-section (2) of Section 220 shall be given by the Commissioner, and as far as may be the procedure laid down in Sections 221, 222 and 223 shall be followed.

 

(3) Every such amendment shall be deemed to have been made, for the purpose of determining the liability of exemption of the person concerned in accordance with the altered entry, from the earliest day in the current financial year when the circumstances justifying the amendment existed.

 

SECTION 226 : New assessment book need not be prepared every financial year

 

(1) It shall not be necessary to prepare a new assessment book every financial year, subject to the provisions of sub-section (3), the Commissioner may adopt the entires in the last preceding years' book with such alterations as he thinks fit, as the entries for each new financial year.

 

(2) Public notice shall however be given, in accordance with Section 218 and 220 every year and the provisions of the said Sections and of Sections 221 to 225 both inclusive, shall be applicable each year.

 

(3) A new assessment book shall be prepared at least once in every five years.

 

(4) The corporation shall take into consideration the rent component of cost of living index prevailing at the time of preparation of new assessment books.

 

Provided that where the value of the land on which buildings constructed for purposes of choultry, hotels, lodges and cinema theatres increases and the income on the property does not increase the average rental value shall be fixed with reference to the income of the property.

 

SECTION 227 : .

 

x x x x

 

SECTION 228 : .

 

x x x x

 

SECTION 229 : Supply of water at public drinking fountain, etc., not to be taxed

 

No tax or charge of any kind shall be levied or demanded for the use of water in or from any drinking fountain, tank, reservoir, cistern, pump, well, duct, standpipe or other work used for the gratuitious supply of water to the inhabitants of the city and vesting in the Board : Provided that water taken by any of the inhabitants from any such work shall be used only for personal or domestic purposes and not for the purpose of business or sale and shall not, except with the written permission of the Water Supply Engineer, be carried in any vehicle.

 

SECTION 230 : Conservancy tax may be fixed at special rates in certain cases

 

(1) The Commissioner may fix the conservancy tax to be paid in respect of any hotel, club, stable or other large premises at such special rates as shall be generally approved by the Standing Committee in this behalf, whether the service in respect of which such tax is leviable be performed by human labour or by substituted means or appliances.

 

(2) In the case of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential or charitable or religious purpose in respect of which the conservancy tax is payable by the Government, the Commissioner shall fix the said tax at a special rate approved as aforesaid.

 

(3) In any such case the amount of the conservancy tax shall be fixed with reference to the cost of probable cost of the collection, removal and disposal of excrementitious and polluted matter from the premises by the agency of the municipal conservancy staff.

 

SECTION 231 : Water tax or conservancy tax paid by any person may be recovered by him from the occupier of the premises for which it is paid

 

(2) For the recovery of the said amount from the person aforesaid, the person who has paid the same shall have the same rights and remedies as if such amount were rent payable to him by the person from whom he is entitled to receive the same.

 

SECTION 232 : Refund of Property Taxes

 

When any building or land or any portion of any premises which the Commissioner has treated under Section 216 as a separate property has been vacant for not less than ninety days the Commissioner shall, subject to the provisions hereinafter contained, refund the property taxes, if any, to a maximum of one half of the amount paid in respect of such taxes for the number of days that such vacancy lasted.

 

SECTION 233 : Vacancies for the purposes of Section 232

 

For the purpose of Section 232:- (a) premises shall be deemed to be vacant only if they are unoccupied and unproductive of rent ;

 

(b) premises shall be deemed to be productive of rent if let to a tenant having a continuing right of occupation thereof, whether they are actually occupied by such tenant or not;

 

(c) premises furnished or reserved by the owner for his own occupation whenever required shall be deemed to be occupied, whether they are actually occupied by the owner or not ;

 

(d) premises used or intended to be used for the purpose of any industry which is seasonal in character shall not be deemed to be vacant merely on account of their being unoccupied and unproductive of rent during such period or periods of the year in which seasonal operations are normally suspended ;

 

(e) a vacancy which has continued during the whole of the month of February shall be deemed to have continued for not less than thirty consecutive days.

 

SECTION 234 : Refund not climable unless notice of vacancy is given to the Commissioner

 

(1) No refund of any property tax shall be claimable from the Commissioner as aforesaid, unless notice in writing of the vacancy shall have been given by the person liable for the tax, or his agent, to the Commissioner.

 

(2) No refund shall be paid by the Commissioner for any period previous to the day of the delivery of such notice.

 

(3) When a vacancy continues from one half year or quarter-year, as the case may be in respect of which property taxes are, under Section 264 recoverable, into the next following half year or quarter-year as the case may be, no refund of any property tax shall be climable from the Commissioner as aforesaid on account of such continued vacancy, unless notice thereof shall be given to the Commissioner as aforesaid within thirty days from the commencement of the said next following half year or quarter year, as the case may be.

 

SECTION 235 : Refund of water tax inadmissible unless application for stopping water supply has been made

 

No refund of water tax shall be claimable except from such time as a written application shall have been made to the Water Supply Engineer to stop the water supply to the vacant premises.

 

SECTION 236 : Refund of general tax inadmissible when drawback has been sanctioned

 

No refund of general tax shall be claimable in any case in which the Commissioner has sanctioned a drawback under sub-section (2) of Section 216.

 

SECTION 237 : Applications for refund and how to be made

 

It shall be in the discretion of the Commissioner to disallow any claim from refund of any property tax unless application therefor is made to him in writing within thirty days after the expiry of the half-year or quarter-year, as the case may be, to which the claim relates accompanied by the bill presented to the applicant under Section 266 for the amount of the tax from which the refund is claimed.

 

SECTION 238 : Property tax, a first charge on property and movables

 

The property tax on buildings and lands shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or land and upon the movable property, if any, found within or upon such buildings or lands and belonging to the person liable to such tax. Provided that all the taxes and dues to the Corporation including the property tax payable to the Corporation shall be liable to be recovered as if they were arrears of land revenue.

 

SECTION 239 : Tax on vehicles, boats and animals

 

(1) Except as hereinafter provided, a tax at rates in the maxima and minima whereof are specified in Schedule G shall be levied on vehicles, boats and animals which are kept for use in the City for the conveyance of passengers or goods in the case of vehicles and boats, and for riding, racing draught or burden in the case of animals. Explanation: - A vehicle, boat or animal kept outside the limits of the city but regularly used within such limits shall be deemed to be kept for use in the city.

 

(2) The Corporation shall from year to year, in accordance with Section 186 determine the rates at which such tax shall be levied.

 

SECTION 240 : Exemption from the tax

 

(1) The tax leviable under Section 239 shall not be levied in respect of

 

(a) vehicles, boats and animals belonging to the Corporation;

(b) vehicles, boats and animals vesting in the State to be used or intended to be used solely for public purposes and not used or intended to be used for purposes of profit;

(c) vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead;

(d) children's permbulators and tricycles;

 

(2) If any question arises under clause (b)of Sub-section (1) whether any vehicle, boat or animal vesting in the State is or is not used or intended to be used for purposes of profit, such question shall be determined by the Government, whose decision shall be final.

 

SECTION 241 : Livery stable keepers and others may be compounded with

 

The Commissioner may, with the approval of the Standing Committee, compound with and livery stable keeper or other person keeping vehicles or horses or bullocks for hire or with any dealer having stables in which horses are kept for sale on commission or otherwise, for the payment of a lupsum for any period not exceeding one year at a time in lieu of the taxes leviable under Section 239 which such livery stable-keeper or other person or dealer would otherwise be liable to pay.

 

SECTION 242 : Vehicles and animal tax book to be kept

 

(1) The Commissioner shall keep a book, in which shall be entered from time to time-

 

(a) a list of the persons liable to pay any tax under Section 239;

(b) a specification of the vehicles and animals in respect of which the said persons are, respectively, liable to the said tax ;

(c) the amount of tax payable by each such person and the period for which it is payable;

(d) the particulars of every composition made under Section 241.

 

(2) Any person whose name is entered in the said book or the agent of any such person, shall be permitted, free of charge, to inspect and take extracts from the said book in respect of such person.

 

(3) Any person not entitled under Sub-section (2) to inspect and take extracts from the said book free of charge, shall be permitted to do so on payment of such fee as may from time to time be specified in this behalf by the Commissioner, with the approval of the Standing Committee.

 

SECTION 243 : Returns may be called for, from owners of premises and persons supposed to be liable to the tax

 

(1) In order that the said list may be prepared the Commissioner may require-

 

(a) the owner of any premises let to or occupied by more than one person owning or having possession of control of vehicles and animals to furnish him with a written return, signed by such owner, of the name and address of each of the said persons, and of the animals and vehicles owned by or in the possession or under the control of each of the said persons kept upon such owners premises ;

(b) any person supposed to be liable to the payment of any tax on a vehicle or animal to furnish him with a written return, signed by such person and containing such information concerning the vehicles and animals, if any, owned by or in the possession or under the control of such person as the Commissioner shall deem necessary.

 

(2) Every person on whom may such requisition is made shall be bound to comply with the same, within such reasonable period as the Commissioner specifies in this behalf, whether such person be liable to the payment of any such tax or not, and to make a true return to the best of his knowledge or belief.

 

SECTION 244 : Notice to be given to Commissioner by a person who becomes owner or possessed of a vehicle or animal in respect of which liability arises etc

 

(1) Every person who becomes the owner or obtains possession or control of any vehicle or animal in respect of which the said tax is leviable shall give notice in writing to the Commissioner within fifteen days after he has become the owner or has obtained possession or control of such vehicle or animal of the fact that he has become the owner or has obtained possession or control of such vehicle or animal, as the case any be.

 

(2) Every person who ceases to own or have possession or control or any vehicle or animal in respect of which the said tax is leviable shall give notice in writing to the Commissioner of the fact that he has ceased to own or have possession or control of such vehicles or animals. Such person shall, in addition to any other penalty to which he may be liable, continue to be liable for the payment of the said tax leviable form time to time in respect of such vehicle or animal until he gives such notice ;

 

Provided that nothing herein contained shall be held to diminish the liability to pay the said tax or the person who becomes the owner or obtains possession or control of such vehicle or animals or affect the prior claim of the Commissioner on such vehicle or animal for the recovery of any tax due in respect thereof.

 

SECTION 245 : Powers to inspect stable, garage, etc., and summon persons liable to tax

 

(1) The Commissioner may make an inspection of any stable, garage or coach-house or any place wherein he may have reason to believe that a vehicle, boat or animal liable to a tax under this Act is kept.

 

(2) The Commissioner may if he has reasons to believe that any person has in his possession or under his control a vehicle, boat or animal liable to tax under this Act, by written summons require the attendance before him of such person or any servant of any such person and may examine such person or servant as to the number and description of vehicles, boats and animals owned by or in the possession or under the control of such person and every person so summoned shall be bound to attend before the Commissioner and to give true information to the best of his knowledge or belief as to the said matters.

 

SECTION 246 : Refund of tax on vehicles and animals when and to what extent obtainable

 

If the tax leviable on any vehicle or animal in respect of any quarter has been paid and if during such quarter such vehicle or animal ceases to be kept within the city, or is otherwise rendered unfit for use or if such vehicle has been under repairs or if such animal has been kept in any institution for the reception of infirm or disused animals or is certified by a Veterinary Surgeon to have become unfit for use and has not been used, the person who paid the tax leviable on such vehicle or animal shall, subject to the provision hereinafter contained, and on the Commissioner or any Officer authorized by him, being satisfied in this behalf, be entitled to receive back from the Commissioner, if the period in such quarter for which such vehicle or animal has not been kept in the city or has not been used, on account of such vehicle or animal being destroyed, or rendered unfit for use or on account of such vehicle being under repairs or such animals being kept in any institution for the reception of infirm or disused animals or such animals having been certified by a Veterinary Surgeon to have become unfit for use, is (a) not less than eighty days, the full amount of the tax paid;

 

(b) not less than sixty days, two-thirds of the tax paid;

 

(c) not less than thirty days, one-third of the tax paid;

 

Provided that no refund of the tax shall be granted if such period is less than thirty days.

 

SECTION 247 : Refund not claimable unless notice is given to the Commissioner

 

(1) No refund of the tax shall be claimable from the Commissioner under Section 246 unless notice in writing of the occurrence of the circumstances giving is to such claim has been given to the Commissioner by the person who paid the tax or his agent.

 

(2) If such notice is not received by the Commissioner within three days of the occurrence or commencement of the circumstances as aforesaid, the period previous to the date of the receipt of the notice shall be excluded in computing the period of eighty,sixty and thirty days, referred to in Section 246 for the proposes of granting any refund.

 

(3) It shall be in the discretion of the Commissioner to disallow any claim for refund of the tax, unless application claiming such refund is made to him in writing before the expiry of 15 days after the end of the quarter to which the claim relates and is accompanied by the bill presented to the applicant under Section 266 for the amount of the tax from which the refund is claimed.

 

SECTION 248 : Tax on Dogs

 

(1) A tax not exceeding rupees ten per annum shall be levied on every dog kept within the city and not under the age of six months.

 

(2) Every person who owns or is incharge of any dog on which a tax is leviable under sub-section (1) shall be liable for such tax.

 

(3)

 

(a) Every person who owns or is incharge of any dog shall, before the first day of May in each financial year, forward to the Commissioner a return signed by him containing his name and address and the age of such dog.

(b) Every person who after the first day of May in any financial year becomes the owner or takes charge of any dog, shall within one week from the date on which he becomes the owner or takes charge of the dog, forward to the Commissioner a like return, signed by him.

 

(4)The tax shall be payable for every financial year in advance on the first day of May:

 

Provided that

(i) in respect of a dog which attains the age of six months after the first day of May, the tax shall be payable immediately after the expiry of one week from the day on which the dog attains such age, and

(ii) in cases in which a person becomes the owner or takes charge of any dog, not under the age of six months, after the first day of May, the tax shall be payable immediately after the expiry of one week from the day on which he becomes the owner or takes charge of such dog;

Provided further that the tax shall not be payable more than once for the financial year in respect of any dog.

 

(5) The Commissioner shall maintain a register showing the persons liable to pay the tax under this section.

 

SECTION 249 : Licence and number ticket for and disposal of dogs

 

(1) When the owner or person incharge of any dog has paid the tax leviable on and the price fixed for the number tickets for such dog, the Commissioner shall

 

(a) grant him a licence for the keeping by him of such dog during the financial year for which he had paid the tax, and

(b) provide him with a number ticket, the number of which shall be specified in such licence.

 

(2) The owner or person incharge of any dog so licensed shall at all times cause the said number ticket to be kept attached to the collar or otherwise suspended from the neck of the dog.

 

(3) Any dog which has no number ticket so attached or suspended.

 

(i) shall be presumed to be a dog in respect of which no licence has been granted, and

(ii) may be seized by the police or by any officer duly authorised by the Commissioner in this behalf, and detained until the tax due, if any, has been paid.

 

(4) If any person, within three days from the date of such seizure, satisfies the commissioner that he is the owner or person incharge of such dog, the Commissioner shall order it to be delivered to such person on payment of the tax if any, due and the costs incurred by the Commissioner by reason of its detention.

 

(5) If, within the said three days, no person satisfies the Commissioner that he is the owner or person incharge of the dog, the Commissioner may cause the dog either-

 

(a) to be destroyed, or

(b) to be sold and the proceeds of the sale, after deducting therefrom the said tax and costs ( together with the costs of sale) to be paid to any person who within six months from the date of such sale, establishes to the satisfaction of the Commissioner, his claim to such proceeds.

 

SECTION 250 : Protection of persons acting in good faith

 

No suit, prosecution or other legal proceedings shall be instituted against any person in respect of any act done in good faith in the pursuance of provisions of sub-sections (3),(4) and (5) of Section 249.

 

SECTION 251 : Certain sections not to apply

 

Nothing contained in Sections from 239 to 244,246,247,265 and the second sentence of sub-section (2) of Section 266 shall apply in respect of the tax leviable under Section 248.

 

SECTION 252 : Octroi at what rates and on what articles leviable

 

Except as hereinafter provided, octroi, at rates not exceeding those respectively specified in schedule H shall be levied in respect of the several articles mentioned in the said schedule or of so many of them as the Corporation shall from year to year, in accordance with Section 186, determine when the said articles are imported from any place into the city.

 

SECTION 253 : Table of rates of Octroi to be affixed on certain places

 

The Commissioner shall cause tables of Octroi for the time being leviable, specifying the rates at which and the articles on which the same are leviable to be printed in the Andhra Pradesh Gazette and local daily newspapers and to be affixed in a conspicuous position at every place at which the same Octroi is levied.

 

SECTION 254 : Exemption of articles belonging to Government from Octroi and refund of Octroi on articles becoming property of Government

 

(1) No Octroi shall be leviable on any article which, at the time of its importation, is certified by an officer empowered by the Government in this behalf to be the property of the State, to be used or intended to be used solely for public purposes and not to be used or intended to be used for purposes of profit.

 

(2) If any article on which octroi is payable is imported under a written declaration signed by the importer that such article is being imported for the purposes of fulfilling a specified contract with the Government or otherwise for the use of the Government the amount if any of the octroi paid thereon shall be refunded in full on production, at any time within six months after importation, of a certificate signed by an officer empowered by the Government in this behalf stating that the article so imported has become the property of the State, is used or intended to be used solely for a public purpose and is not used or intended to be used for purposes of profit.

 

SECTION 255 : Exemption of articles imported for immediate exportations

 

Any article imported into the city for the purpose of immediate exportation may at the option of the importer be exempted from the levy of octroi if such article is conveyed direct from the place of import, to the place of export by such routes within such time, under such supervision and on payment of such fees therefore as shall be determined by the Standing Committee.

 

SECTION 256 : Refund of octroi on export

 

(1) When any article upon which octroi has been paid shall be exported from the city, the full amount of the octroi so paid shall, subject to the provisions hereinafter contained, be refunded.

 

(2) Such refunds shall be paid under such bye-laws as shall from time to time be framed in this behalf.

 

SECTION 257 : .

 

x x x

 

SECTION 258 : Entertainment tax

 

The entertainment tax shall be levied on all payments for admission to a theatre , cinema, carnival or to any other place of entertainment, at rates the maxima and minima whereof are specified in Schedule J.

 

SECTION 259 : Exemption from entertainment tax

 

The entertainment tax shall not be leviable in respect of any entertainment, performance or show- (a) for admission to which no charge or only a nominal charge, as may be prescribed, is made;

 

(b) which is not open to the general public on payment;

 

(c) the proceeds of which are intended to be utilised for public, educational, cultural or charitable purpose.

 

SECTION 260 : Returns by persons in charge of entertainment

 

It shall be the duty of every proprietor, manager or person incharge of any entertainment to submit to the Commissioner such returns duly signed at such intervals, in such form and containing such information for the purpose of levy of the entertainment tax, as may be prescribed.

 

SECTION 261 : Tax on transfer or property

 

(1) The tax on transfer of property (hereinafter referred to as transfer tax) shall be levied

 

(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act 1899 on every instrument of the description specified below which relates to immovable property situate within the City; and

(b) at a rate as may be fixed by Government not exceeding five per centum on the amount specified below against each instrument:- Description of instrument Taxable Amount

(i) Sale of immovable property The amount or value of the consideration for the sale as set-forth in the instrument or the market value of such property, whichever is higher.

(ii) Exchange of immovable property The value of the property of the greater value, as set-forth in the instrument or the market value of such property, whichever is higher.

(iii) Gift of the immovable property The value of the property as set-forth in the instrument or the market value of such property, whichever is higher.

(iv) Mortgage of immovable property. The amount secured by the mortgage, as set-forth in the instrument.

 

(2) All the provisions of the Indian Stamp Act 1899 and rules made thereunder shall mutatis mutandis apply to the said tax as they apply in relation to the duty chargeable under that Act.

 

(3) No registering authority shall accept any instrument for registration unless the amount of transfer tax is paid in cash.

 

(4) Every registering authority shall maintain an account of the transfer tax paid in respect of each instrument registered by him and a separate account showing the amount of the consideration, the market value of the property or the amount secured by a mortgage as the case may be.

 

(5) The transfer tax collected under this Act shall be credited to the Municipal Fund. In the absence of an agreement to the contrary the transfer tax shall be paid by the person who is primarily liable for payment of the stamp duty in respect of the instrument executed.

 

SECTION 262 : .

 

x x x

 

SECTION 263 : Any tax imposable under this Act may be increased by way of imposing supplementary taxation

 

Whenever the Corporation determines, under Section 192, to have recourse to supplementary taxation in any financial year, they shall do so by increasing, for the unexpired portion of the said year, that rates at which any tax leviable under this Act is being levied or by adding to the number of articles on which octroi is being levied but every such increase or addition shall be made subject to the limitations and conditions on which any such tax is leviable.

 

SECTION 264 : Property taxes how payable

 

(1) Each of the property taxes shall be payable in advance either in half-yearly or quarterly instalments as the Corporation may decide.

 

(2) In case of

 

(a) half-yearly instalments, the taxes shall be payable in advance on each first day of April and October;

(b) quarterly instalments, the taxes shall be payable on each first day of April and July and each first day of October and January.

 

SECTION 265 : Tax on vehicles, animals and public conveyances payable in advance

 

(1) Except as is hereinafter otherwise provided the tax on vehicles and animals, shall be paid quarterly in advance, on each first day of April and each first day of July and each first day of July and each first day of October and each first day of January.

 

(2) If in any quarter a vehicle or animal becomes liable to such tax, such tax shall be leviable thereon from the earliest day in the quarter on which such vehicle or animal so becomes liable the amount of tax leviable for such quarter shall be, if such earliest day occurs

 

(a) in the first month of such quarter, the whole tax for such quarter,

(b) in the second month of such quarter, two-thirds of tax for such quarter,

(c) in the last month of such quarter, one-third of the tax for such quarter,

provided that no tax shall be leviable for such quarter if such earliest day occurs within the last 10 days of such quarter.

 

SECTION 266 : Service of bills for certain taxes

 

(1) When any property tax or tax, on vehicles and animals or any instalment of any such tax, shall have become due, the Commissioner shall with the least practicable delay, cause to be served upon the person liable for the payment thereof a bill for the sum due.

 

(2) Every such bill shall specify the period for which the premises, vehicle or animal in respect of which, the tax is charged, as hereinafter provided, against time within which objections may be raised or on the decision, an appeal may be preferred, as hereinafter provided, against such decision. Every such bill for the payment of tax on vehicles and animals shall have to be printed on the reverse side of the bill the provisions of Sections 244 to 247.

 

SECTION 267 : When one bill may be served for several claims

 

(1) All the sums due for each half year or quarter year, as the case may be, for all or any of the property taxes, by any one person on account of one and the same property shall be charged to such person in one bill and shall be recoverable from him in the lump:

 

Provided that nothing herein contained shall affect the liability of such person to any increased tax to which he may be assessed on account of the said property under Section 225.

 

(2) If any one person is liable for all or any of the said taxes on account of more properties than one, it shall be competent to the Commissioner to charge to such person in one or several bills, as he shall think fit the several sums payable by him on account of such properties:

 

Provided that if such person, by written notice to the Commissioner, request to be furnished with several bills, the Commissioner shall comply with such request in respect of all the said taxes for which such person becomes liable after receipt by the Commissioner of his said notice;

Provided, however, that notwithstanding anything in the foregoing proviso, no person shall been titled to be furnished with more than one bill in respect of any building or land which has been treated as comprising of more than one separate property under Section 216.

 

SECTION 268 : Notice of demand

 

(1) If the amount of tax for which any bill has been served as aforesaid is not paid into the Municipal Office within fifteen days from the service thereof the Commissioner may cause to be served upon the person liable for the payment of the same a notice of demand in the form of Schedule K, or to the like effect.

 

(2) For every notice of demand which the Commissioner causes to serve on any person under this section, a fee of such amount not exceeding one rupee shall in each as be fixed by the Commissioner, shall be payable by the said person and shall be included in the costs of recovery.

 

SECTION 269 : Distress

 

(1) If the person liable for the payment of the said tax does not, within fifteen days from the service of the notice of demand, pay the sum due, or show sufficient cause for non-payment of the same to the satisfaction of the Commissioner, and if no appeal is preferred against the said tax as hereinafter provided, such sum, with all costs of the recovery may be levied under a warrant in the form of Schedule L, or to the like effect, to be issued by the Commissioner, by distress and sale of the goods and chattels of the defaulter, or if the defaulter be the occupier of any premises in respect of which a property tax is due, by distress and sale of any goods and chattels found on the said premises or, if the tax due in respect of any vehicle or animal by distress and sale of such vehicle or animal in whomsoever's ownership, possession or control, the same may be.

 

(2) If after the service of the notice of demand the amount of the said tax is paid but the fee for the notice is not paid, the sum due on account of the said fee may be levied under a warrant in the form of Schedule L, mutatis mutandis as if such sum were due on account of the tax:

 

Provided that a simple interest at the rate of two percent per mensum shall be charged in case of failure to pay property tax within the due date;

Provided further that when payment of property tax is not made within the due date, the Commissioner may, after giving notice to the owner or occupier, disconnect the essential services to the premises.

 

SECTION 270 : Goods of defaulter may be distrained wherever found

 

The goods and chattels of any person liable for the payment of any tax, or the vehicle or animals in respect of which the tax is due for levy of which a warrant has been issued as aforesaid, may be distrained wherever the same may be found.

 

SECTION 271 : Inventory and notice and distress and sale

 

The officer charged with the execution of a warrant of distress issued under Section 269 shall forthwith make an inventory of the goods and chattels and vehicles or animals which he seizes under such warrant and shall at the same time give a written notice, in the form of Schedule M or in a similar form to the person in possession thereof at the time of seizure, that the said goods and chattels and vehicles or animals will be sold as therein mentioned.

 

SECTION 272 : Sale

 

(1) If the warrant is not in the meantime suspended by the Commissioner or discharged, the goods and chattels and vehicles or animals seized shall, after the expiry of the period named in the notice served under the last preceding section, be sold by order of the Commissioner, who shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery.

 

(2) The surplus, if any, shall forthwith be credited to the municipal fund, but if the same be claimed by written application to the Commissioner within one year from the date of the sale, a refund thereof shall be made to the person in possession of the goods and chattels or vehicles or animals at the time of the seizure. Any surplus not claimed within one year as aforesaid shall be the property of the Corporation.

 

SECTION 273 : Fees for distraints

 

For every distraint made under this Act a fee shall be charged at the rate set forth in Schedule N; and the said fee shall be included in the costs of recovery.

 

SECTION 274 : Fees for cost of recovery may be remitted

 

The Commissioner may, in his discretion, remit the whole or any part of any fee chargeable under the last preceding section or under sub-section (2) of Section 268.

 

SECTION 275 : Seizure of vehicles and animals if tax on vehicles and animals not paid and number plate not obtained

 

(1) If the tax on any vehicle or animal governed by the provisions of Section 265, is not paid and a number plate is not obtained and affixed to the vehicle within thirty days from the date on which the tax becomes due, the Commissioner may at any time thereafter seize and detain the vehicle and the animal,if any, used or employed in drawing the vehicle and, if the owner or other person entitled thereto does not within seven days from the date of such seizure and detention claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds of the sale or such part thereof as shall be requisite in discharge of sum due and the charges incurred as aforesaid:

 

Provided that if any person becomes the owner or obtains possession or control of any vehicle or animal on which the tax is due after the expiry of the said period of thirty days and the tax thereon has remained unpaid, he shall pay the same in the manner prescribed immediately after he becomes the owner or obtains possession or control of such vehicles or animal and on failure to do so the vehicle or animal shall, if it is not already seized and detained be liable to be seized and sold as aforesaid:

Provided further that no vehicle or animal used therefor shall be seized and detained under section when actually employed in the conveyance of goods.

 

(2) The surplus, if any, remaining after the application of the proceeds of a sale under sub-section (1) in the manner provided therein shall be disposed of in the manner provided in sub- section (2) of Section 272.

 

SECTION 276 : When occupier may be held liable for payment of property tax

 

(1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served on the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may serve a bill for the amount on the occupier of the said premises, or,if there are two or more occupiers thereof, may serve a bill on each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.

 

(2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the foregoing provisions.

 

(3) No arrear of a property-tax shall be recovered from any occupier under this section, which had remained due for more than one year, or which is due on account of any period for which the occupier was not in occupation of the premises on which the tax is assessed.

 

(4)If any sum is paid by, or recovered from an occupier under this section, he shall been titled to credit therefor in account with the person primarily liable for the payment of the same.

 

SECTION 277 : Summary proceedings may be taken against persons about to leave the city

 

(1) If the Commissioner shall at any time have reason to believe that any person from whom any sum is due on account of any property tax or tax on vehicles and animals, x x x is about forthwith to remove from the city, the Commissioner may direct the immediate payment by such person of the sum so due by him and cause a bill for the same to be served on him.

 

(2) If no service of such bill, the said person does not forthwith pay the sum due by him, the amount shall be leviable by distress and sale in the manner herein before provided, except that it shall not be necessary to serve upon the defaulter any notice of demand, and the Commissioner's warrant for distress and same may be issued and executed without any delay.

 

SECTION 278 : Defaulter may be sued for arrears if necessary

 

Instead of proceedings against a defaulter by distress and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a property-tax or of tax on vehicles and animals x x x may be recovered from him by a suit in any Court of competent jurisdiction.

 

SECTION 279 : Collection of Octroi how to be effected

 

(1) Octroi -

 

(a) may be collected under the orders of the Commissioner, by municipal officers and servants appointed in this behalf: or

(b) if the Commissioner thinks fit, may, with the approval of the Standing Committee, be formed by him for any period not exceeding one year at a time or be collected by or under the orders of any person whom the Commissioner, with the approval of the Standing Committee, appoints to be his agent for this purpose.

 

(2) Octroi shall be collected, and refunds of Octroi shall be made, at such places and be managed and controlled in such manner as the Commissioner with the approval of the Standing Committee shall from time to time direct.

 

SECTION 280 : Powers of persons authorised to collect and refund Octroi

 

Every person authorised under Section 279 to collect or to refund Octroi shall have in respect of its collection or refund such powers and privileges and be subject to such liabilities in respect of anything done by him or for the purpose of collecting or refunding Octroi as may from time to time, be prescribed and in respect of the confiscation of goods in connection therewith such powers as are conferred by the foregoing provisions of this Act in respect of distress of movable property or vehicles, boats and animals.

 

SECTION 281 : Writing off of irrecoverable taxes

 

The commissioner may, with the approval of the Standing Committee from time to time , write off any sum due on account of any tax or of the costs of recovery of any tax which shall in his opinion be irrecoverable.

 

SECTION 282 : Appeals when and to whom to lie

 

(1) Subject to the provisions hereinafter contained, appeals against any reteable value or tax fixed or charged under this Act shall be heard and determined by the Judge.

 

(2) But no such appeal shall be heard by the said judge, unless:-

 

(a) it is brought within fifteen days after the accrual of the cause of complaint;

(b) a complaint has previously been made to the Commissioner under Section 221 and such complaint has been disposed of;

(c) a complaint has been made, by the person aggrieved within fifteen days after the first received notice of any amendment made in the assessment book under Section 225 and his complaint has been disposed of;

(d) in the case of an appeal against tax, the amount claimed from the appellant has been deposited by him with the Commissioner.

 

SECTION 282A : Revision of tax by the Director of Municipal Administration

 

Where it is brought to the notice of the Director of Municipal Administration, that the property tax is under-valued, he may re-assess the property tax and fix the same tax accordingly.

 

SECTION 283 : Cause of complaint when to be deemed to have occured

 

(1)For the purpose of the last preceding section, cause of complaint shall be deemed to have occurred as follows, namely:-

 

(a) in the case of an appeal against a reteable value, on the day when the Commissioner under Section 221 against such value is disposed of:

(b) in the case of an appeal any amendment made in the assessment book, under Section 255 during the financial year on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of.

 

(2) In the case of an appeal against a tax, on the day when payment thereof is demanded or when a bill therefor is served.

 

SECTION 284 : Arbitration

 

Wherein any appeal under Section 282 the parties agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Judge for an order of reference on such appeal, apply in writing to the Judge for an order of reference on such matter and on such application being made, the provisions of the Arbitration Act, 1940 relating to arbitration in suits shall, so far as they can be made applicable, apply to such application and the proceedings to follow thereon, as if the Judge were a Court within the meaning of that Act and the application were an application made in a suit.

 

SECTION 285 : Appointment of valuer

 

(1) If any party to an appeal against a rateable value under Section 282 makes an application to the Judge either before the hearing of the appeal, but before evidence as to value has been adduced, to direct a valuation of any premises in relation to which the appeal is made, the Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on survey and value the premises in respect of which the direction is given.

 

Provided that, except when the application is made by the Commissioner, no such direction shall be made by the Judge unless the applicant gives such security as the judge thinks proper for the payment of the costs of valuation under this sub-section.

 

(2) The costs incurred for valuation under sub-section(1) shall be costs in the appeal, but shall be payable in the first instance by the applicant.

 

(3) The Judge may, and on the application of any party to the appeal, shall call as a witness the person appointed under sub- section (1) for making the valuation and, when he is so called, any party to appeal shall be entitled to cross-examine him.

 

SECTION 286 : Reference of question to High Court

(1) If, before or on the hearing of an appeal under Section 282, any question of law or usage having the force of law, or the construction of a document arises on which the Judge entertains reasonable doubt, the Judge may either of his own motion or on the application of the party to the appeal, draw up a statement of the facts of the case and the point on which doubt is so entertained and refer such statement with his own opinion on the point for the decision of the High Court.

 

(2) Where a reference is made to the High Court under sub-section (1), the provisions of Rules from 2 to 5, both inclusive of Order XLVI in the First Schedule to the Code of Civil Procedure, 1908, shall so far as they can be made applicable, apply.

 

SECTION 287 : Appeals

 

An appeal shall lie to the High Court from any decision of the Judge in an appeal under Section 282 (a) by which a rateable value in excess of rupees two thousand is fixed, and

 

(b) upon a question of law or usage having the force of law or the construction of a document.

 

SECTION 288 : Cost of proceedings in appeal

 

The cost of all proceedings in appeal under Section 282 before the Judge including those of arbitration under Section 284 and of valuation under Section 285 shall be payable by such parties in such proportion as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of the Court.

 

SECTION 289 : Unappealed values and taxes and decisions on appeal to be final

 

(1) Every rateable value fixed under this Act against which no complaint is made as herein before provided, and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as herein before provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax, if no appeal is made therefrom and the decision of the High Court upon appeal bander Section 287, shall be final.

 

(2) Effect shall be given by the Commissioner to every such decision.

 

CHAPTER 9 : DRAINS AND DRAINAGE WORKS MUNICIPAL DRAINS

 

SECTION 290 : Municipal drains to be under the control of Commissioner

 

All municipal drains shall be under the control of the commissioner.

 

SECTION 291 : Vesting of water course

 

Any natural water course heretofore belonging to Government by which rain water or drainage of any kind is carried, may on application to the Government by the Commissioner with the previous approval of the Standing committee be vested in the Corporation: Provided that

 

(a) it shall be in the discretion of the Government in each case to determine whether a particular water-course so applied for shall be so vested, and

(b) the Government declaring that a water-course so applied for may be made over to the Corporation shall, from the date thereof to be specified in this behalf operate to vest such water-course in the Corporation.

 

SECTION 292 : Drains to be constructed and kept in repair by the Commissioner

 

(1) The Commissioner shall maintain and keep in repair all municipal drains and, when authorised by the Corporation in this behalf, shall construct all new drains as shall from time to time be necessary for the effectually draining the city.

 

(2) The Commissioner shall also, in the case of any street in which there is a municipal drain, construct at the charge of the municipal fund such portion of the drain of any premises to be connected with such municipal drain as it shall be necessary to lay under any part of such street and the portion of any connecting drain so laid shall vest in the Corporation and be maintained and kept in repair by the Commissioner as a municipal drain.

 

SECTION 293 : Powers for making drain

 

(1) The Commissioner may carry any municipal drain through, across or under any street, or any place laid out as or intended for a street, or under any cellar or vault which may be under any street, and after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the city or, for the purpose of outfall or distribution of sewage, without the city.

 

(2) The Commissioner may enter upon and construct any new drain in the place of an existing drain in any land where in any municipal drain has been already lawfully constructed or repaired or altered any municipal drain so constructed.

 

(3) In the exercise of any power under this section, as little damage as can be, shall be done, and compensation shall be paid by the Commissioner to any person who sustains damage by the exercise of such power.

 

SECTION 294 : Alteration and discontinuance of drains

 

(1) The Commissioner may enlarge, arch over or otherwise improve any municipal drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary.

 

(2) The discontinuance, closing up or destruction of any drain shall be so done as to create the least practicable nuisance or inconvenience to any person and if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be, provide for his use some other drain which would be as effectual as the one discontinued, closed up or destroyed.

 

SECTION 295 : Cleansing of drains

 

(1) The municipal drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushsed, cleansed and emptied.

 

(2) For the purpose of flushing, cleansing and emptying the said drains, the Commissioner may, with the sanction of Corporation, construct or set-up such reservoirs, sluices, engines and other works as he shall from time to time deem necessary.

 

SECTION 296 : Powers to connect drains of private streets with municipal drains

 

The owner of a private street shall be entitled to connect the drain of such street with a municipal drain subject to the following conditions, namely:- (a) before commencing to construct such drain, the owner of the street shall submit to the Commissioner a plan of the street bearing the signature of a licensed surveyor in token of its having been made by him or under his supervision, and drawn, to such a convenient scale as the Commissioner shall require, and there shall be shown on such plan the position, course and dimensions of the proposed drain, with a section or sections thereof, and such other particulars in relation thereto as the Commissioner shall deem necessary and require, and no such drain shall without the approval in writing or contrary to the directions of the Commissioner be proceeded with;

 

(b) the drain of such private street shall, at the expense of the owner of the street, be constructed of such size, material and description, and be branched into the municipal drain in such manner and form of communication, in all respects, as all Commissioner with the approval of the Standing Committee, shall direct;

 

(c) the Commissioner may, if he thinks fit, construct such part of such drain and such part of the work necessary for branching the same into the municipal drain as shall be in or under any public street or place vesting in the Corporation and, in such case, the expenses incurred by the Commissioner shall be paid by the owner of the private street.

 

SECTION 297 : Power of owners and occupiers of premises to drain municipal drains

 

The owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage provided that he first obtains the written permission of the Commissioner and that he complies with such conditions as the Commissioner may impose as to the mode in which and the superintendence under which connections with municipal drains or other places aforesaid are to be made.

 

SECTION 298 : Connections with municipal drains not to be done except in conformity with Section 296 or 297

 

No person shall, without complying with the provisions of Section 296 or 297, as the case may be, make or cause to be made any connection of a drain belonging to himself or to some other person with any municipal drain or other place legally set apart for the discharge of drainage and the Commissioner may, with the approval of the Standing Committee, close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.

 

SECTION 299 : Buildings etc., not to be erected without permission over any drains

 

(1) Without the written permissions of the Commissioner no building, wall or other structure shall be newly erected or re-erected and no street or railway shall be constructed over any drain.

 

(2) If any building, wall or other structure be so erected or re-erected, or any street or railway be so constructed, the Commissioner, after giving the offending person ten days notice of his intention, may apply for the approval of the Standing Committee and may with their approval remove or otherwise deal with the same as he shall think fit, and the expenses thereby incurred shall be paid by the person offending.

 

SECTION 300 : Right of owners and occupiers of premises to carry drains through land belonging to other persons

 

(1) If it shall appear to the Commissioner that the only means or the most convenient means, by which the owner or occupier of any premises can cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage is, by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of such land a reasonable opportunity of stating objections, if any, may, with the approval of the Standing Committee, if no objection is raised, or if any objection which is raised appears to him invalid or insufficient by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.

 

(2)Every such order of the Commissioner, shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose after giving to the owner of the land reasonable written notice of his intention so to do, to enter upon the said land with assistants and workmen, at any time between sunrise and sunset, and to execute the necessary work.

 

(3) Subject to all other provisions of this Act, the owner or occupier of any premises or any agent or person employed by him for this purpose, may after giving to the owner of any land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise and sunset, and construct a new drain in the place of the existing drain or repair or alter any drain so constructed.

 

(4) In executing any work under this section, as little damage as can be, shall be done, and the owner or occupier of premises for the benefit of which the work is done shall

 

(a) cause the work to be executed with the least practicable delay;

(b) fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said work;

(c) any compensation to the person who sustains damage by the execution of the said work.

(5) If the owner of any land, into, through or under which a drain has been carried under this section while such land was unbuilt upon, shall, at any time afterwards, desire to erect a building on such land, the Commissioner shall, with the approval of the Standing Committee, by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the said Committee, and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same:

 

Provided that no such requisition shall be made, unless in the opinion of the Standing Committee, it is necessary of expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.

 

SECTION 301 : Owner of land to allow others to carry drains through the land

 

Every owner of land shall be bound to allow any person in whose favour an order has been made under Section 300, sub-section (1) to carry a drain into, through or under the land of such owner on such terms as may be specified in such order.

 

SECTION 302 : Commissioner may enforce drainage of undrained premises situate within a hundred feet of a municipal drain

 

Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, and a municipal drain or some place legally set apart for the discharge of drainage is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises (a) to make a drain of such material, size and description laid at such level and according to such alignment and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid.

 

Provided that, where any premises have already been drained in accordance with the bye-laws or have to be so redrained, no such requisition shall be made without the previous sanction of the Standing Committee:

 

(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith:

 

(c) to remove any existing drain, or other appliance or thing used or intended to be used for drainage, which is injurious to health.

 

SECTION 303 : Commissioner may enforce drainage of undrained premises not situate within a hundred feet of municipal drain

 

(1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, and a municipal drain or such place as aforesaid is situated at a distance exceeding one hundred feet from some part of the said premises, the Commissioner, may by written notice, require the owner or occupier of the said premises-

 

(a) to construct a drain up to a point to be specified in such notice, but not distant more than one hundred feet from some part of the said premises; or

(b) x x x

 

(2) Any requisition for the construction of any drain under sub-section (1) may comprise any detail specified in clause (a),(b) or (c) of Section 302.

 

SECTION 304 : Powers of Commissioner to drain premises in combination

 

(1) Where the Commissioner is of opinion that any group or block of premises, any part of which is situated within one hundred feet of a municipal drain, or other place legally set apart for the discharge of drainage already existing or about to be constructed, may be drained more effectually or economically in combination than separately the Commissioner may, with the approval of the Standing Committee, cause such group or block of premises to be drained by such method as appears to the Commissioner to be best suited therefor, and the expenses incurred by the Commissioner in so doing shall be paid by the owners of such premises in such proportions as the Standing Committee may think fit.

 

(2) Not less than fifteen days before any work under this section is commenced, the Commissioner shall give written notice to the owners of all the premises to be drained of-

 

(a) the nature of the intended work,

(b) the estimated expenses thereof, and

(c) the proportion of such expenses payable by each owner.

 

(3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed, or continued, for the special use and benefit only of such premises, and shall in the proportions in which it is determined that the owners of such premises,are to contribute to the expenses incurred by the Commissioner under sub-section (1), be responsible for the expenses of maintaining every such drain in good repair and efficient condition but every such drain shall from time to time be flushed, cleaned and emptied by the Commissioner at the charge of the Municipal Fund.

 

SECTION 305 : Commissioner may close or limit the use of existing private drains

 

(1) Where a drain connecting any premises with a municipal drain or other place legally set apart for the discharge of drainage is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, but is not, in the opinion of the commissioner, adapted to the general drainage system of the city or of that part of the city in which such drain is situated, the commissioner with the approval of the Standing Committee, may

 

(a) subject to the provision of sub-section (2) close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done;

(b) x x x

 

(2) No drain may be closed, discontinued or destroyed by the Commissioner under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any municipal drain or other place as aforesaid which the Commissioner thinks fit; and the expenses of the construction of any drain so provided by the Commissioner and of any work done under the said clause (a) shall be paid by the Commissioner at the charge of the Municipal Fund.

 

(3) x x x

 

SECTION 306 : New building not to be erected without drain

 

(1) It shall not be lawful to newly erect or re-erect any building, or to occupy any building newly erected or re-erected, unless and until-

 

(a) a drain be constructed of such size, materials and description, at such level; with such fall and outlet as shall appear to the Commissioner to be necessary for the effectual drainage of such building; and the drainage betterment charges as fixed by the Commissioner, from time to time, with the sanction of the corporation have been paid.

(b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the drainage from and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith.

 

(2) The drain to be constructed as aforesaid shall empty into a municipal drain or into some place legally set apart for the discharge of drainage situated at a distance not exceeding one hundred feet from the premises in which such building is situated; but if no such drain or place is within that distance, then such drain shall empty into such cesspool as the Commissioner directs.

 

SECTION 307 : Provision of troughs and pipes to receive water from roofs of building

 

The Commissioner may, by notice in writing require the owner of any building in any street to put up and maintain in good condition proper and sufficient troughs and pipes for receiving and carrying the water from the roof and other parts of the building and for discharging the water so that it shall not fall upon any street or damage any street or other property vested in the Corporation.

 

SECTION 308 : Excrementitious matter not to be passed into cesspool

 

No person shall, except with the permission of the Commissioner pass or cause or permit to be passed any excrementitious matter into any cesspool made or used under Section 303 or Section 306 or into any drain communicating with any such cesspool.

 

SECTION 309 : Obligations of owners of drains to allow use thereof or joint ownership therein to others

 

Every owner of a drain connected with a municipal drain or other place legally set apart for the discharge of drainage shall be bound to allow the use of it to others, or to admit other persons as joint owners thereof, on such terms as may be specified by the Commissioner.

 

SECTION 310 : How right of use of joint ownership of a drain may be obtained by a person other than the owner

 

Any person desiring to drain his premises into a municipal drain, through a drain of which he is not an owner, may made a private arrangement with the owner for permitting his use of the drain or may apply to the Commissioner for authority to use such drain or to be declared joint owner thereof.

 

SECTION 311 : Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint owner thereof

 

(1)Where the Commissioner is of opinion whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a municipal drain or other place legally set a part for the discharge of drainage is through a drain communicating with such municipal drain or place aforesaid, but belonging to same person other than the said owner or occupier, the Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto may, with the approval of the Standing Committee, if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, either authorise the said owner or occupier to use the drain or declare him to be joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the said premises with the communicating drain and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleansing and emptying the joint drain, or otherwise, as may appear to him equitable.

 

(2) Every such order of the Commissioner shall be a complete authority to the person in whose favour it is made or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling, as far as possible, the conditions of the said order and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situated, with assistants and workmen, at any time between sunrise and sunset, and subject to all provisions of this Act, to do all such things as may be necessary for-

 

(a) connecting the two drains; or

(b) renewing, repairing or altering the connection; or

(c) discharging any responsibility attaching to the person in whose favour, the Commissioner's order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof.

 

(3) In respect of the execution of any work under sub section (2), the person in whose favour the Commissioner's order is made shall be subject to the same restrictions and liabilities which are specified in sub-section (4) of Section 300.

 

SECTION 312 : Sewage and rain water drains to be distinct

 

Wherever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Commissioner to require that there shall be one drain for sullage excrementitious matter and polluted water and another and an entirely distinct drain for rain water and unpolluted sub-soil water or for both rain water and unpolluted sub-soil water each emptying into Board sewer and municipal drain respectively or other places legally set apart for the discharge of drainage.

 

SECTION 313 : Drain not to pass beneath buildings

 

Except with the written permission of the Commissioner, and in conformity with such conditions as shall be specified by the Standing Committee, either generally or specially, in this behalf, no drain shall be so constructed as to pass beneath any part of a building.

 

SECTION 314 : .

 

x x x

 

SECTION 315 : Rights of Corporation to drains, etc., constructed, etc., at charge of Municipal Fund on premises not belonging to the Corporation

 

All drains, ventilation shafts and all appliances and fittings connected with drainage works constructed, erected or set up at the charge of the Municipal Fund upon a premises not belonging to the Corporation, whether before or after the passing of this Act, and otherwise than for the sole use and benefit of the said premises, shall, unless the Corporation has otherwise determined or shall at any time determine, vest, and be deemed to have always vested, in the Corporation.

 

SECTION 316 : All drains and cesspools to be properly covered and ventilated

 

(1) Every drain and cesspool, whether belonging to the Corporation or to any other person shall be provided with proper traps and coverings and with proper means of ventilation.

 

(2) The Commissioner may, by written notice,require the owner of any drain or cesspool not belonging to the Corporation to provide and apply to the said drain or cesspool such trap and covering and such means of ventilation as would be provided and applied if such drain or cesspool belonged to the Corporation.

 

SECTION 317 : Affixing of pipes for ventilation of drains

 

(1) For the purpose of ventilating any drain or cesspool, whether belonging to the Corporation or to any other person, the Commissioner may erect upon premises or affix to the outside of any building or to any tree any such shaft or pipe as shall appear to the Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection ;and lay in through, or under any land, such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated:

 

Provided that any shaft or pipe so erected or affixed, shall-

(a) be carried at least fifteen feet higher than any skylight or window situated within a distance of forty feet therefrom;

(b) if the same be affixed to a wall supporting the leave of a roof be carried at least five feet higher than such eave;

(c) be erected or affixed so as to create the least practicable nuisance or inconvenience to the inhabitants of the neighborhood;

(d) be removed by the Commissioner to some other place, if at any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out, or cannot without unreasonable inconvenience be carried out, unless the shaft or pipe is removed.

 

(2) If the Commissioner declines to remove a shaft or pipe under clause (d), the owner of the premises, building or tree, upon or to which the same has been erected or affixed, may apply to the Judge and the Judge may, after such enquiry as he thinks fit to make, direct the Commissioner to remove the shaft or pipe and it shall be incumbent on the Commissioner to obey such order.

 

(3) Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the Commissioner shall, so far as is practicable, reinstate and make good such building, and fill in and make good such land, at the charge of the Municipal Fund.

 

SECTION 318 : .

 

x x x

 

SECTION 319 : Appointment of places for emptying of drains and disposal of sewage

 

The Commissioner may cause any municipal drain to empty into a tank or other place whether within or without the city and in any manner, which he shall deem suitable for such purposes: Provided that

 

(a) the Commissioner shall not cause any municipal drain to empty into any place into which a municipal drain has not hereto therefore been emptied,without the sanction of the Corporation;

(b) any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance;

(c) no municipal drain shall be made to empty into any place or in any manner, "which the Government shall think fit to disallow",

 

SECTION 320 : Provision of means for disposal of sewage

 

For the purpose of receiving, storing, disinfecting, distributing or otherwise disposing of sewage, the Commissioner may, when authorised by the Corporation in this behalf (a) construct any work within or without the city,

 

(b) purchase or take on lease any land, building, engine, material or apparatus either within or without the city.

 

(c) enter into an arrangement with any person for any period not exceeding twenty years, for the removal or disposal of sewage within or without the City.

 

Provided that any power conferred by this section shall be exercised in such manner as to cause the least practicable nuisance.

 

SECTION 321 : Construction of water-closets and privies

 

(1) It shall not be lawful to construct a water-closet or privy for any premises except with the written permission of the Commissioner and in accordance with such terms not being inconsistent with any bye- laws for the time being in force as he may specify.

 

(2) In specifying any such terms, the Commissioner may determine in each case-

 

(a) whether the premises shall be served, by the water-closet or by the privy system, or partly by one and partly by the other; and

(b) what shall be the site or position of each water-closet of privy

 

(3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1) the Commissioner may, after giving not less than ten days notice to the owner or occupier of such premises, close such water-closet or privy and, with the previous approval of the Standing Committee, alter or demolish the same, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or occupier or by the person offending.

 

SECTION 322 : Water-closets and other accommodation in buildings newly erected or re-erected

 

(1) It shall not be lawful newly to erect or to re-erect a building for, or intended for human habitation, or at or in which labourers or workmen are to be employed, without such water-closet or privy and such urinal accommodation, and accommodation for bathing or for the washing of clothes and domestic utensils, as the Commissioner may determine.

 

(2) In determining any such accommodation the Commissioner may specify in such case--

 

(a) whether such building shall be served by the water-closet, or by the privy system or partly by one and partly by the other;

(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.

 

SECTION 323 : Where there is no such accommodation or the accommodation is insufficient or objectionable

 

(1) Where any premises are without a water-closet privy, urinal, or bathing or washing place, or if the Commissioner is of opinion that the existing water-closet, privy, urinal or bathing or washing place available for the persons occupying or employed in any premises is insufficient, inefficient or on any sanitary grounds, objectionable the Commissioner may, with the previous approval of the Standing Committee, by written notice require the owner of such premises

 

(a) to provide, such or such additional water-closet, privy, urinal, or bathing or washing place as he determines;

(b) to make such structural or other alterations in the existing water-closet, privy, urinal or bathing or washing place as he determines; or

(c) to substitute water-closet accommodation or any privy accommodation:

Provided that where the water-closet, privy, urinal or bathing or washing place accommodation of any premises

(i) has been, and is being, used in common by the persons occupying or employed in such premises and any one or more other premises; or

(ii) is in the opinion of the Commissioner likely to be so used, the Commissioner may, if he is of opinion that such accommodation is insufficient to admit of the same being used by all the persons occupying or employed in all such premises, direct in writing that a separate water-closet, privy, urinal or bathing or washing place be provided on or for each of such other premises:

Provided further that the Commissioner may, if he is of opinion that there is sufficient municipal latrine accommodation available for all the persons occupaying or employed in any permises, direct that a separate water-closet, privy or urinal need not be provided for such permises.

 

(2) Any requisition under sub-suction (1) may comprise any detail specified in sub-section (2) of Section 322.

 

SECTION 324 : Power to require privy accommodation to be provided for factories etc

 

Where it appears to the Commissioner that any premises area or are intended to be, used as a market, railway station, or other place of public resort or as a place in which persons exceeding twenty in number are employed in any manufacture, trade or business or as workmen or labourers, the Commissioner may, by written notice, require the owner or occupier of the said premises to construct a sufficient number of water-closets or latrines or privies and urinals for the separate use of each sex.

 

SECTION 325 : Power of Commissioner as to unhealthy privies

 

Where the Commissioner is of opinion that any privy is likely, by reason of its not being sufficiently detached from any building to cause injury to the health of any person occupying such building with the previous approval of the Standing Committee he may, by written notice, require the owner or occupier of the premises in or on which such privy is situated either (a) to so close up such privy as to prevent any person using the same, and to provide in lieu thereof such water-closet or privy or such urinal as the Commissioner may determine; or

 

(b) to provide between the said privy and any portion of the said building such air-space, not exceeding three feet in width, open to the sky, and situate entirely within such limits of the said premises as the Commissioner may determine.

 

SECTION 326 : Provisions as to privies

 

The owner or occupier of any premises on which there is a privy shall (a) have between such privy and any building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, an air-space of at least three feet in width and open to the sky;

 

(b) have such privy shut off a sufficient roof and wall or fence from the view of persons dwelling in the neighbourhood or passing by;

 

(c) unless and except for such period as he shall be permitted by the Commissioner, under the power next herein after conferred, to continue any existing door or trap-door close up and not to keep any door or trap-door in such privy opening on to a street:

 

Provided that the Commissioner may permit the continuance for such period as he may think fit of any existing door or trap-door in a privy opening on to a street, if a nuisance is not thereby created:

Provided further that clause (a) shall not be deemed to apply to privy in existence when this Act comes into force, unless

(i) there is space available on the premises for the erection of a new privy conformable to the said clause; and

(ii) the existing privy can be removed and a new one erected as aforesaid without destroying any portion of a permanent building other than the existing privy.

 

SECTION 327 : Provisions as to water-closets

 

The owner or occupier of any premises on which there is a water-closet shall- (a) have such water-closet divided off from any part of a building or place used or intended to be used for human habitation or in which any person may be or may be intended to be employed in any manufacture, trade or business, by such means as the Commissioner shall deem sufficient;

 

(b) have such water-closet in such a position that one of its sides at the least shall be an external wall;

 

(c) have the seat of such water-closet placed against an external wall;

 

(d) cause such water-closet to be provided with such means of constant ventilation as the Commissioner shall deem adequate, by a window or other aperture in one of the walls of such water-closet, or by an opening directly into the external air, or by an airshaft or by some other suitable method or appliance;

 

(e) have such water-closet supplied by a supply cistern and flushing apparatus and fitted with a soil-pan or receiver and such other appliances or such materials, size and description as the Commissioner shall deem necessary; provided always that a cistern from which a water-closet is supplied shall not be used, or be connected with another cistern which is used for supplying water for any other purpose.

 

SECTION 328 : Position of privies and water-closets

 

No person shall build a privy or water-closet in such a position or manner as- (a) to be directly over or directly under any room or part of a building other than another privy or water-closet or a bathing place, bathroom or terrace;

 

(b) to be within a distance of twenty feet from any well or from any spring, tank or stream the water where of is, or is likely to be used whether in natural manufactured state for human consumption, domestic purposes, or otherwise render the water of any well, spring, tank or stream liable to pollution.

 

SECTION 329 : Use of places for bathing or washing clothes domestic utensils

 

No person shall use or permit to be used as a bathing place, or as a place for washing clothes or domestic utensils any part of any premises which has not been provided with all such appliances and fittings as shall in the opinion of the Commissioner, be necessary for collection the drainage thereof and conveying the same therefrom.

 

SECTION 330 : Public necessaries

 

The Commissioner shall provide and maintain in proper and convenient situations and on sites vesting in the Corporation, water-closets, latrines, privies and urinals and other similar conveniences for the public.

 

SECTION 331 : Water-closets, etc., not to be injured or improperly fouled

 

(1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fittings or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings.

 

(2) If any such water-closet, privy, urinal or bathing or washing place or any fitting or appliance in connection therewith or the approaches thereto or the walls, floors or seats or anything used in connection therewith are in such a state as to be a nuisance or source of annoyance to any inhabitant of the locality or passer-by for want or proper cleaning thereof, such of the persons having the use thereof, as may be in default or, in the absence of evidence as to which of the persons having the use thereof in common is in default, every such person shall be deemed to have contravened the provisions of this section.

 

(3) The provisions of this section shall not exempt the owner of the building or buildings from any penalty to which he may otherwise have rendered himself liable.

 

SECTION 332 : Drains, etc., not belonging to the Corporation to be subject to inspection and examination

 

All drains, ventilation shafts and pipes, cesspools, house-gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the Corporation, or which have been constructed, erected, or set up at the charge of the municipal fund on premises not belonging to the Corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Commissioner.

 

SECTION 333 : Power to open ground, etc., for purpose of such inspections and examinations

 

For the purpose of such inspections and examinations, the Commissioner may cause the ground or any portion of any drain or other work exterior to a building or with the approval of the Standing Committee, any portion of building which he shall think fit, to be opened, broken up or removed: Provided that in the prosecution of any such inspection and examination as little damage as can be, shall be done.

 

SECTION 334 : When the expenses of inspection are to be paid by the Commissioner

 

(1) If upon any such inspection and examination as aforesaid it shall be found that the drain, ventilation shaft or pipe, cesspool, housegully, water-closet, privy, latrine or urinal or bathing or washing place is in proper order and condition, and that none of the provisions of this Chapter has been contravened in respect of the construction or maintenance thereof, and that no encroachment has been made thereupon, the ground or portion of any building, drain or other work, if any, opened, broken up or removed for the purpose of such inspection and examination shall be filled in, reinstated and made good by the Commissioner.

 

(2) When the expenses of inspection and examination are to be paid by the owner:- If it shall however be found that any drain, ventilation-shaft, or pipe, cesspool, housegully, water-closet, privy, latrine, urinal or bathing or washing place inspected and examined is not in good order or condition, or has been repaired, changed, altered or encroached upon, or except when the same has been constructed by or under the order of the Commissioner, if it has been constructed in contravention of any of the provisions of this Chapter or of any enactment at the time in force, the expenses of the inspection and examination shall be paid by the owner of the premises, and the said owner shall fill in, reinstate and make good the ground, or portion of any building, drain or other work opened, broken up or removed for the purpose of such inspection and examination at his own cost.

 

SECTION 335 : Commissioner may require repairs, etc., to be made

 

(1) When the result of such inspection and examination as aforesaid is as described in sub-section (2) of Section 334, the Commissioner may

 

(a) by written notice require the owner of the premises or the several owners of the respective premises in which the drain, ventilation-shaft or pipe, cesspool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated or for the benefit of which the same has been constructed, erected, or set up

(i) to close or remove the same or any encroachment thereupon or subject to the proviso to clause (c) of Section 337 to remove any projection over the same; or

(ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch or take such other step with the same as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or removed for the purpose of such inspection and examination; and

(b) without notice, close, fill up or demolish any drain by which sullage or sewage is carried through, from, into or upon any premises in contravention of any of the provisions of this Chapter, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners.

 

(2) Any requisition under clause (a) of sub-section (1) in respect of any drain which has been constructed, erected or set up or which is continued for the sole use and benefit of a property or for the exclusive use and benefit of two or more properties may include any extension thereof beyond such property or properties, if and so far as such extension has been constructed, erected or set up, or is continued, for the sole use and benefit of such property or properties.

 

SECTION 336 : Cost of inspection and execution of works in certain cases

 

In the case of any drain which has been constructed, erected or set up, or which is continued, for the exclusive use and benefit of two or more premises and which is not (a) a drain constructed under Section 304, sub-section (1), or

 

(b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under Section 311, sub-section (1) the expenses of any inspection and examination made by the Commissioner under Section 332 and the execution of any work required under Section 335, whether executed under Section 340 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined

 

(i) by the Standing Committee if the aggregate amount of such expenses exceeds rupees one hundred; or

(ii) by the Commissioner if the aggregate amount of such expenses does not exceed rupees one hundred.

 

SECTION 337 : Prohibition of acts constravening the provision of this Chapter or done without sanction

 

No person shall (a) in contravention of any of the provisions of this Chapter or any notice issued or direction given under this Chapter, or without the written permission of the Commissioner, in any way alter the fixing, disposition or position of; or construct, erect, set up, renew, re-build, remove, obstruct, stop up, destroy or change, any drain, ventilation, shaft or pipe, cesspool, water-closet, privy latrine, urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;

 

(b) without the written permission of the Commissioner, renew, re-build, or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been, or has been ordered to be discontinued, demolished or stopped up under any of the provisions of this Chapter;

 

(c) without the written permission of the Commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cesspool, house-gully, water-closet, privy, latrine or bathing or washing place:

 

Provided that nothing in this clause shall apply to any weather- shade in width not exceeding two feet over any window which does not front a wall or window of any adjoining house;

 

(d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or any drain, any brick, stone, earth, ashes, or any substance or matter by which or by reason of the amount of which such drain is likely to be obstructed;

 

(e) pass, or cause or permit to be passed, into any drain provided for a particular purpose, any matter or liquid for the conveyance of which such drain has not been provided;

 

(f) xxx

 

SECTION 338 : When materials and works may be supplied and done under this Chapter for any person by the Commissioner

 

On the written request of any person who is required under any of the provisions of this Chapter to supply any materials or fittings or to do any work, the Commissioner may, in such person's behalf supply the necessary materials or fittings, or cause the necessary work to be done; but he shall not do so in any case to which the provisions of sub-section (3) of Section 641 or Section 643 will not apply unless a deposit is first of all made by the said person of a sum which will in the opinion of the Commissioner, suffice to cover the cost of the said materials fittings and work.

 

SECTION 339 : Work to be done by licensed plumber, permission to use as drain

 

(1) No person shall permit any work described in this Chapter to be executed except by a licensed plumber;

 

Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.

 

(2) Every person who employs a licensed plumber to execute any such work shall, when so required, furnish to the Commissioner the name of such plumber.

 

(3) Every such person shall, within one month after completion of any such work and before permitting the same or any portion thereof to be filled in or covered over, deliver, or send or cause to be delivered or sent to the Commissioner at his office notice in writing of the completion of such work, accompanied by a certificate in the form of schedule signed by the licensed plumber by whom the same has been executed, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall give to the Commissioner necessary facilities for the inspection of such works;

 

Provided that

(a) such inspection shall be made within seven days from the date of receipt of the notice of completion; and

(b) the Commissioner may within seven days after such inspection, by written intimation addressed to the person from whom the notice of completion was received and delivered at his address as stated in such notice, or in the absence of such address, affixed to a conspicuous part of the premises in which such work has been executed

(i) given permission for the filling in or covering over of such work; or

(ii) require that before such work is filled in or covered over, it shall be amended to the satisfaction of the Commissioner in any particular in respect of which it is not in accord with a requisition previously made by the Commissioner or contravenes some provisions of this Act or of the bye-laws made thereunder.

 

(4) No person shall permit any such work to be used as a drain or part of a drain until

 

(a) the permission referred to in proviso (b) to sub-section (3) has been received; or

(b) the Commissioner has failed for fourteen days after receipt of the notice of the completion to intimate as aforesaid his refusal of permission for filling in or covering over of such work.

 

SECTION 340 : Commissioner may execute certain works under this Chapter without allowing option to persons concerned of executing the same

 

(1) The Commissioner, may, if he thinks fit, cause any work described in this Chapter to be executed by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed, the option of doing the same.

 

(2) The expenses of any work so done shall be paid by the person aforesaid, unless the Corporation shall, by a general or special order or resolution, sanction as they are hereby empowered to sanction, the execution of such work at the charge of the Municipal Fund.

 

CHAPTER 10 : WATER SUPPLY

 

SECTION 341 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 342 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 343 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 344 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 345 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 346 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 347 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 348 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 349 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 350 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 351 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 352 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 353 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 354 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 355 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 356 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 357 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 358 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 359 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 360 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 361 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 362 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 363 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 364 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 365 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 366 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 367 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 368 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 369 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 370 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 371 : .

 

Omitted By Act No. 6 of 1982

 

SECTION 372 : .

 

Omitted By Act No. 6 of 1982

 

CHAPTER 11 : REGULATION OF STREETS CONSTRUCTION, MAINTENANCE AND IMPROVEMENT OF PUBLIC STREETS

 

SECTION 373 : Vesting of public streets in the Corporation

 

All streets within the city being or which at any time become public streets and the pavements, stones and other materials thereof, shall vest in the Corporation and be under the control of the Commissioner.

 

SECTION 374 : Power of Commissioner in respect of public streets

 

(1) The Commissioner shall from time to time cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered and repaired, as occasion shall require; he may also from time to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of pedestrians:

 

Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed rupees five thousand or such higher amount as the Corporation may from time to time fix, shall be undertaken by the Commissioner unless or until such undertaking has been authorised by the Corporation.

 

(2) With the sanction of the Corporation, the Commissioner may permanently close the whole or any part of a public street vested in the Corporation.

 

Provided that such sanction of the Corporation shall not be given unless, one month at least before the meeting at which the matter is decided, a notice signed by the Commissioner has been put in the street or part of street which it is proposed to close, informing the residents of the said proposal, nor until the objections to the said proposal, if any, made in writing at any time before the day of the said meeting, have been received and considered by the Corporation.

 

SECTION 374A : Government's power to repair the public streets vested in the Municipal Corporation

 

(1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other agency authorised by them in this behalf to exercise the powers of the Corporation and the Commissioner vested in them by or under this Act for the purpose of levelling, metalling, paving, channelling, widening or otherwise to carry out any repair to the public streets vested in the Corporation and also to lay new roads at their own expenses in public interest.

 

(2) For the purpose of enabling the Government or the agency authorised by them to undertake repairs under sub-section (1) the public streets shall vest in the Government temporarily from a date to be notified by them in this behalf and thereupon it shall be competent for the Government to take over possession of the public streets from the said date. The public streets or any new roads laid under sub-section (1) shall continue to vest in the Government until the notification is revoked and thereafter stand transferred to the Corporation.

 

(3) It shall be the duty of the Corporation and the Commissioner to carry out any directions issued by the Government for the purpose of sub-sections(1) and (2).

 

SECTION 375 : Disposal of land forming site of closed street

 

Whenever any public street, or part of a public street is permanently closed under Section 374 the site of such street, or of the portion thereof which has been closed, may be disposed of as land vesting in the Corporation.

 

SECTION 376 : Power to make new public streets

 

The Commissioner when authorised by the Corporation in this behalf may at any time (a) lay out and make a new public street;

 

(b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation, and that such street shall become, on completion, a public street, which shall vest in the Corporation;

 

(c) declare any street made under any scheme of the City Improvement Board to be a public street.

 

SECTION 377 : Minimum width of new public streets

 

(1) The Corporation may, from time to time specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.

 

(2) The width of a new public street made under Section 376 shall not be less than that specified under sub-section (1) for the class to which it belongs, and no steps and except with the written permission of the Commissioner under Section 399 no other projections shall extend on to any such street.

 

SECTION 378 : Power to adopt, construct or alter any subway, bridge etc.

 

The Commissioner when authorised by the Corporation in this behalf, may agree with any person; (a) to adopt and maintain any existing or projected sub-way, bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, viaduct or arch and approaches as parts of public streets or as property vesting in the Corporation, or

 

(b) for the construction or alteration of any such sub-way, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person or partly at the expense of the Corporation.

 

SECTION 379 : Power to prohibit use of public streets for certain kinds of traffic

 

(1) It shall be lawful for the Commissioner with the sanction of the Corporation to:-

 

(a) prohibit vehicular traffic in any particular public streets, vesting in the Corporation so as to prevent danger, obstruction, or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;

(b) prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight or size of laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians alone or over such street or streets except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants and other general precautions and the payment of special charges as may be specified by the Commissioner generally or specially in each case.

 

(2) Notices of such prohibitions as are imposed under sub-section (1) shall be posted up in conspicuous places at or near both ends of the public streets or portions thereof to which they relate, unless such prohibitions apply generally to all public streets.

 

SECTION 380 : Power to acquire premises for improvement of public streets

 

(1) The Commissioner may subject to the provisions of Sections 146, 147 and 148. :-

 

(a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge, or subway or of making any new public street, bridge or subway, and the buildings, if any, standing upon such land;

(b) acquire in addition to the said land and the buildings, if any, standing thereupon, all such land with the buildings, if any, standing thereupon as it shall deem expedient for the Corporation to acquire outside for the regular line or of the intended regular line of such street;

(c) lease, sell or otherwise dispose of any land or building purchased under clause (b).

 

(2) The acquisition of land for providing, extending or improving a place for the parking of vehicles shall be deemed to be an acquisition of land for the purpose of providing, extending or improving a public street.

 

(3) Any conveyance of land or of a building under clause (c) of sub-section (1) may comprise such conditions as the Commissioner thinks fit, as to the removal of the existing building, the description of new building to be erected; the period within which such building shall be completed and other such matters.

 

SECTION 381 : Power to determine the regular line of street

 

(1) The Commissioner may

 

(a) determine a line on one or both sides of any public street :

Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a street line for the purpose of this Act until a street line is prescribed by the Commissioner under this clause.

(b) from time to time, but subject, in each case to the previous approval of the Standing Committee determine a fresh line in substitution for any line so determined or for any part thereof :

Provided that such approval shall not be accorded unless, at least one month before the meeting of the Standing Committee at which the matter is decided, public notice of the proposal has been given by the Commissioner by advertisement in the local newspapers and special notice thereof, signed by the Commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be determined and until the Standing Committee has considered all objections to the said proposal made in writing and delivered at the office of the Municipal Secretary not less than three clear days before the day of such meeting.

 

(2) The line for the time being determined shall be called the regular line of the street'.

 

(3) A register with plans attached shall be kept by the Commissioner showing all public streets in respect of which a regular line of the street has been determined and such register shall contian such particulars as may appear to the Commissioner to be necessary and shall be open to inspection.

 

(4)

 

(a) Subject to the provisions of sub-section (5) no person shall construct or reconstruct any portion of any building on land within the regular line of the street except with the written permission of the Commissioner and in accordance with the conditions imposed the rein and the Commissioner shall in every case in which he gives such permission at the same time, report his reasons in writing to the Standing Committee.

(b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the Commissioner:

Provided that if, within sixty days from, after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the Commissioner fails to acquire the land within the regular line of the street under Section 284 the said person may, subject to any other provisions of this Act or if the bye-laws, made thereunder proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be.

 

(5) (a) When the Commissioner grants permission under clause (a) of sub-section (4) for the construction or reconstruction of any building or land within the regular line of the street he may require the owner of the building to execute an agreement binding himself and his successors in title not to claim compensation in the event of the Commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the Commissioner.

(b) The Commissioner may before granting such permission require the owner to deposit in the Chief Municipal Office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor in title or transferee of such building.

 

SECTION 382 : Setting back building to the regular line of the street

 

(1) If any building or any part of a building abutting on a public street is within the regular line of street, the Commissioner may, whenever it is proposed

 

(a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level such half to be measured in cubic feet; or

(b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which the regular line of the street in any order which he issues concerning the rebuilding, alteration or repair of such building to be set back in the regular line of the street.

 

(2) When any building or any part thereof within the regular line of the street falls down or is burnt down or is taken down, whether under the provisions of this Act or otherwise, the Commissioner may at once take possession on behalf of the Corporation of the portion of land within the regular line of the street theretofore occupied by the said building and if necessary clear the same.

 

(3) Land acquired under this section shall thenceforward be deemed a part of the public street and shall vest as such in the Corporation.

 

SECTION 383 : Additional power of Commissioner to order setting back of building or regular line of the street

 

(1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street may, if the provisions of Section 382 do not apply, by written notice-

 

(a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or

(b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show-cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.

 

(2) If such owner fails to show sufficient cause to the satisfaction of the Commissioner why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired as aforesaid the Commissioner may, with the approval of the Standing Committee, require the owner by written notice, to pull down the building or the part thereof which is within the regular line of the street within such period as is specified in the notice.

 

(3) If within such period the owner of such building fails to pull down such building or any part thereof coming within the said line, the Commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the owner.

 

(4) The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the said line occupied by the said building, and such land shall thenceforward be deemed to be a part of the public street and shall vest as such in the Corporation.

 

(5) Nothing in this section shall be deemed to apply to buildings vesting in the State.

 

SECTION 384 : Acquisition of open land or of land occupied by platforms, etc., within regular line of street

 

If any land not vesting in the Corporation, whether open or closed, lies within the regular line of a public street and is not occupied by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or portion of a platform, verandah, step, compound wall, hedge, or fence or other such structure, is within the said line of such street, the Commissioner may after giving to the owner of the land or building not less than seven clear days written notice of his intention to do so, take possession on behalf of the Corporation of the said land within its enclosing wall, hedge or fence, if any or of the said platform, verandah, step or other structure as aforesaid or of the portion of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and; if necessary, clear the same and the land so acquired, shall thenceforward be deemed a part of the public street: Provided that when the land or building is vested in the State possession shall not be taken as aforesaid, without the previous sanction of the Government concerned and, when the land or building is vested in any Corporation constituted by any law for the time being in force, possession shall not be taken as aforesaid, without the previous sanction of the Government.

 

SECTION 385 : Acquisition of the remaining part of building and land after their portions within a regular line of the street are acquired

 

(1) If a building or land is partly within the regular line of a public street and if the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the Corporation.

 

(2) Such surplus land may thereafter be utilised for the purpose of setting forward of building under Section 386.

 

SECTION 386 : Setting forward of buildings to regular line of the street

 

(1) If any building which abuts on a public street is in rear of the regular line of street, the Commissioner may, whenever it is proposed

 

(a) to re-build such building; or

(b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground-level, such half to be measured in cubic feet; in any order which he issues concerning the rebuilding, alteration or repair of such building, permit, or with the approval of the Standing Committee, require such building, to be set forward to the regular line of the street.

 

(2) For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed to be a sufficient compliance with a permission or requisition to set forward a building to the regular line of a street if a wall of such materials and dimensions as are approved by the Commissioner, is erected along the said line.

 

SECTION 387 : Compensation to be paid and charges to be levied

 

(1) Compensation in accordance with the provisions of the Land Acquisition Act, 1894 as amended from time to time, shall be paid by the Commissioner to the owner of any building or land required for a public street under Sections 382, 383, 384 or 385 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner:

 

Provided that:

(i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set-back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;

(ii) if any such increase in value exceeds the amount or loss sustained or expenses incurred by the said owner, the Commissioner may recover from such owner half the amount of such excess as a betterment charge.

 

(2) If, in consequence of any order to set forward, a building made by the Commissioner under Section 386, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the set-forward.

 

(3) If the additional land which will be included in the premises or any person required or permitted under Section 386, to set forward a building belongs to the Corporation, the order or permission of the Commissioner to set forward the building shall be sufficient conveyance to the said owner of the said land; and the price to be paid to the Corporation by the said owner for such additional land and other terms and conditions of the conveyance shall be set forth in the said order or permission.

 

(4) If, when the Commissioner requires a building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Corporation or any of the other terms or conditions of the conveyance, the Commissioner shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Judge.

 

SECTION 388 : Notice to be given to Commissioner of intention to lay out lands for building and for private streets

 

Every person who intends (a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon,

 

(b) to divide land (whether unbuilt or partly built) into building plots,

 

(c) to use any land or a portion thereof or permit the same to be used for building purposes, or

 

(d) to make or lay out a private street whether it is intended to allow the public a right of passage or access over such street or not, shall give written notice of his intention to the Commissioner and shall along with such notice, furnish a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, in case the extent of land exceeds the ceiling limit and if it does not exceed the ceiling limit, an affidavit declaring that the total extent of land held by such holder, his or her spouse and unmarried minor children does not exceed the ceiling limit. pay the drainage betterment charges as fixed by the Commissioner from time to time submit plans and sections, showing the situation and boundaries of such building, land and the site of the private street, if any, and also the situation and boundaries of all other lands of such person of which such building, land or site forms a part and the intended development, laying out and plotting of such building, land including the dimensions and area of each building plot and also intended level, direction, width, means of drainage, paving, metalling and lighting of such private street, the provisions of planting and rearing of trees, beside such private street and the height and means of drainage and ventilation of the building or buildings proposed to be erected on the land, and if any building when erected will not about on a street then already existing or then intended to be made as aforesaid the means of access from and to such building and the manner of the paving, metalling, draining and lighting of such means of access.

 

SECTION 389 : Commissioner may call for further particulars

 

If any notice under Section 388 does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case or if any such notice given for any or all of the purposes mentioned in clause (a), (b) or (c) of the said section does not contain any proposal or intention to make or lay out a private street, he may, at any time within thirty days after receipt of the said notice, by written notice require the person who gave such notice (a) to furnish the required information together with all or any of the prescribed documents, or

 

(b) to revise any or all of the schemes submitted under the said clause (a), (b) or (c) so as to provide for the making or laying out of a private street or private streets of such width or widths as he may specify in addition to or in substitution for any means of access proposed to be provided in such scheme or schemes and to furnish such further informations and documents relating to the revised scheme or schemes as he may specify.

 

SECTION 390 : Commissioner may require plans to be prepared by licensed Surveyors

 

The Commissioner may decline to accept any plan,section or description as sufficient for the purposes of Section 388 or 389 which does not bear the signature of a licensed Surveyor in token of its having been prepared by such Surveyor or under his supervision.

 

SECTION 391 : Laying out of land, dimensions and area of each plot, laying out of private streets and heights of buildings to be determined by Commissioner

 

(1) The laying out of land for building the dimensions and area of each building plot,the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of, and access to all buildings to be erected on such land or on either side of such street shall be fixed and determined by the Commissioner subject to such general directions as the Standing Committee may give in this behalf from time to time with the general object of securing sanitary conditions, amenity and convenience in connection with laying out and use of the land of any neighbouring lands and also with the object that the proposed private street may not conflict with any arrangements which have been made or which are, in the opinion of the Commissioner, likely to be made for carrying out any general scheme of new streets or of improvements of existing streets in the locality:

 

Provided that if, within sixty days after the receipt by the Commissioner of any notice under Section 388 or of the plans, sections, descriptions, scheme or further information, if any, called for under Section 389 the disapproval by the Commissioner with regard to any of the matters aforesaid specified such notice has not been communicated to the person who gave the same proposals of the said person shall be deemed to have been approved by the Commissioner.

 

(2) When the Commissioner signifies in writing to the said person his approval of the said work under certain conditions or without any conditions, or when the said person may at any time within one year from the date of the delivery of the notice under Section 388 to the Commissioner, proceed with the said work in accordance with the intention as described in the notice or in any of the documents aforesaid and in accordance with the conditions, if any, imposed by the Commissioner but not so as to contravene any of the provisions of this Act or of any bye-law made thereunder.

 

SECTION 392 : Land not to be appropriated for building and private street not be laid out until expiration of notice not otherwise than in accordance with Commissioner's directions

 

(1) No person shall, sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or layout any private street-

 

(a) unless such person has given previous written notice of his intention as provided in Section 388 nor until the expiration of sixty days from delivery of such directions, if any, as may have been fixed and determined under sub-section (1) of Section 391.

(b) after the expiry of the period of one year specified in sub- section (2) of Section 391.

(c) unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.

 

(2) If any act be done or permitted to be done in contravention of this section, the Commissioner may by written notice require any person doing or permitting the doing of such act

 

(a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the Commissioner, why the layout, plot, street or building contravening this section should not be altered to the satisfaction of the Commissioner, or if that be in his opinion impractical why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or

(b) to attend personally or by an agent duly authorised by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.

 

(3) If such person shall fail to show cause to the satisfaction of the Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored the Commissioner may cause the works of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.

 

SECTION 393 : Renewal of notice of intention to carry out works not executed in pursuance of approval given under Section 391

 

If a person who is entitled to proceed with any work under Section 391 fails so to do within the period of one year specified therein he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under Section 388.

 

SECTION 394 : Levelling and draining of private streets and means of access

 

If any private street or any other means of access to a building be not levelled, metalled, flagged or paved. xxx drained, channelled, lighted or provided with trees for shade to the satisfaction of the Commissioner, he may, with the sanction of the Standing Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or others means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section to carryout anyone or more of the aforesaid requirements in such manner as he shall direct.

 

SECTION 395 : Power to declare streets when sewered, etc., as public streets

 

When any private street has been levelled, metalled flagged, or paved, sewered, drained, channelled and made good to the satisfaction of the Commissioner, he may and, upon the request of the owners or of any of the owners of such street, shall, if lamp posts and other apparatus necessary for lighting such street have been provided to his satisfaction and if all land revenue payable to the Government in respect of the land comprised in such street has been paid, declare the same to be a public street by notice in writing put up in any part of such street, and thereupon the same become a public street and vest in the Corporation as such: Provided that no such street shall become a public street if, within one month after such notice has been put up the owner of such street or the greater part thereof shall, by notice in writing to the Commissioner, object thereto.

 

SECTION 396 : Applicability of Sections 394 and 395 when a street is in part public and in part private

 

If a portion only of any street is a public street, the other portion of such street may be for all purposes of Sections 394 and 395 be deemed to be a private street.

 

SECTION 397 : Prohibition of projections upon streets

 

(1) Except as provided in Section 399 no person shall erect, set up add to or place against or in front of any premises any structure or fixture which will

 

(a) overhand, jut or project into, or in any way encroach upon, or obstruct in any way the safe or convenient passage of the public along, any street, or

(b) jut or project into or encroach upon any drain or open channel in any street, so as in any way to interfere with the use of proper working of such drain or channel or to impede the inspection or cleansing thereof.

 

(2) Power to require removal of the same :- The Commissioner by written notice, require the owner or occupier of any premises to remove or to take such other action as he may direct with any structure or fixture which has been erected, set up, added to or placed against or in front of, the said premises in contravention of this section or of any law in force in the city on the day of coming into force of this Act.

 

(3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit in account with the owner of the premises for all reasonable expenses incurred by him in complying with the said notice.

 

SECTION 398 : Powers to require removal or alterations of projections, etc., made before the coming into force of this Act

 

If any such structure or fixture as is described in sub-section (1) of Section 397 has been erected, set up, added to, or placed against or in front of any premises at any time before the coming into force of this Act, the Commissioner may give notice as aforesaid to the owner or occupier of the said premises: Provided that in any such case the structure or fixture was lawfully erected, set up, added to or placed compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.

 

SECTION 399 : Projections over streets may be permitted in certain cases

 

(1) The Commissioner may give a written permission on such terms as he shall in each case think fit to the owner or occupier of any building abutting on any street

 

(a) to erect an arcade over such street or any portion thereof, or

(b) to put up a verandah, balcony, arch, connecting passage, sun- shade, weather-frame, canopy, awning, or other such structure or thing projecting from any storey over or across any street or portion thereof:

Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which the construction of arcades has not been generally sanctioned by the Corporation.

 

(2) The provisions of Sections 397 and 398 shall not be deemed to apply to any arcade, verandah, balcony, arch, connecting passage, sun-shade, weather-frame, canopy, awning or other structure or thing erected or put up under and in accordance with the terms of a permission granted under this section.

 

(3) The Commissioner may at any time by written notice require the owner or occupier of any building to remove a verandah, balcony, sun-shade, weather-frame or the like put up in accordance with the provisions of sub-section (1) and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.

 

SECTION 400 : Ground floor doors, etc., not to open outwards on streets

 

The Commissioner may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street in such manner as in the opinion of the Commissioner to obstruct the safe or convenient passage of the public along such street, to have said door, gate, bar or window altered so as not to open outwards.

 

SECTION 401 : Prohibition of structures or fixtures which cause obstruction in streets

 

(1) No person shall, except with permission of the Commissioner under Section 428 or 433 erect, or set up any wall, fence, rail, post, step,booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form any open an obstruction to or an encroachment upon or a projection over, to occupy, any portion of such street, channel, drain, well or tank.

 

(2) Nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (1) of Section 413 applies.

 

SECTION 402 : Prohibition of depositing etc., of thing in streets

 

(1) No person shall, except with the written permission of the Commissioner- (a) place or deposit upon any street, or upon any open channel, drain or well in any street or in any public place, any stall, chair, bench, box, ladder, bale, or other thing whatsoever so as to form an obstruction thereto or encroachment thereon; (b) project, at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street; (c) attach to, or suspend from any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever.

 

(2) Whoever contravenes the provisions of sub-section (1)shall on conviction, bepunishable with imprisonment which may extend to one month or with fine which mayextend to five thousand rupees or with both.

 

(3) Anything placed or deposited in contravention of the provisions of sub-section (1)may be seized by the Commissioner or any other person duly authorised by him in this behalf, and on contravention for an offence under sub-section (2) the Court may also pass such order as it things fit respecting the disposal of such thing including confiscation of such thing.

 

SECTION 403 : Licence for sale in public places

 

Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall hawk or expose for sale in any public street any article whatsoever, whether it be for human consumption or not.

 

SECTION 404 : Licenses for use of skill in handicraft of rendering services for purposes of a gain in public place or street

 

Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain, use his skill in any handicraft or in rendering services to and for the convenience of the public in public place or public street.

 

SECTION 405 : Commissioner may without notice, remove anything erected, deposited or hawked or exposed for sale in contravention of Act

 

The Commissioner may, without notice, cause to be removed (a) any wall, fence, rail, post step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture which shall be erected or set up in or upon or over any street, any open channel, drain, well or tank contrary to the provisions of this Act;

 

(b) any stall, chair, bench, box, ladder, board or shelf, or any other thing whatever placed, deposited, projected, or suspended, in, upon, from or to any place in contravention of this Act;

 

(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on which such article is placed.

 

SECTION 406 : Power to require removal of a structure or fixture erected or set up

 

The Commissioner may, by written notice, require the owner, occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture which it would be unlawful to erect or set up under this Act has been erected or set up to remove the said wall, fence, rail, post, step, booth or other structure or thing: Provided that, if any such case the structure or fixture shall have been lawfully erected or set up, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.

 

SECTION 407 : Prohibition of tethering of animals in public utility place

 

(1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household in any public utility place.

 

(2) Any animal tethered as aforesaid may be removed by the Commissioner, or by any Municipal Officer or servant who is authorised and who shall deal therewith as with an animal found straying and such animal or animals may be forthwith seized by the Commissioner or any Municipal Officer or his servant or otherwise disposed off as Commissioner shall deem fit or direct.

 

SECTION 408 : Commissioner may permit booths etc., to be erected on streets on festivals

 

With the concurrence of the Chief City Magistrate the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.

 

SECTION 409 : Streets when broken up for any municipal purposes to be restored without delay

 

Whenever the soil or pavement of any street is opened or broken up by or under the order of the Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the Corporation, the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth and materials, if any excavated and all rubbish occasioned thereby shall be removed without delay.

 

SECTION 410 : Commissioner may close street in which work is in progress

 

(1) The Commissioner may whilst any such work as aforesaid or any work which may lawfully be executed in any street is in progress, direct that the said street shall be wholly or partially closed for traffic or for traffic of such description as he shall think fit; and shall set up in a conspicuous position an order prohibiting traffic to the extent or of the description so directed, and fix such bars, chains or posts across or in the street as he shall think proper for preventing or restricting traffic therein.

 

(2) No person shall, without the permission of the Commissioner or without other lawful authority, remove any bar, chain or post so fixed or infringe any order prohibiting traffic so set up

 

SECTION 411 : Commissioner to provide for traffic, etc., pending execution of Municipal work in any street

 

Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall, so far as may be reasonably practicable, make adequate provision for the passage or diversion of traffic, for securing access to all premises approached from such street, and for any drainage, water supply, or means of lighting which may be interrupted by reason of the execution of the said work.

 

SECTION 412 : Precautions to be taken for public safety where municipal works are in progress in any street

 

(1) Whilst the execution of any work on behalf of the Corporation is in progress in any street the Commissioner shall

 

(a) take proper precaution for guarding against accident by sharing up and protecting the adjoining buildings;

(b) have any place where the soil or pavement has been opened or broken up, fenced and guarded;

(c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any such place and against any bars, chains or posts set up under Section 410 for so long as such place shall be continued open or broken up, or such bars, chains or posts shall remain so set up.

 

(2) No person shall, without the written permission of the Commissioner or without other lawful authority, remove any shoring timber or fence, or remove or extinguish any light employed or set up for any of the purposes of this section.

 

SECTION 413 : Streets not to be opened or broken up and building materials not be deposited thereon without permission

 

(1) No person other than the Commissioner or a municipal officer or servant shall, without the written permission of the Commissioner or without other lawful authority

 

(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, posts, chain or other material or thing forming part of any street:

(b) deposit any building materials in any street; or

(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.

 

(2) Any permission granted under clause (b) or (c) of sub-section (1) shall be terminable at the discretion of the Commissioner, on his giving not less than twenty-four hours written notice of the termination thereof to the person to whom such permission was granted.

 

(3) Except in cases in which permission has been applied for under clause (b) of sub-section (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application, the Commissioner may, without notice, cause to be removed any building materials, or any scaffold,or any temporary erection, or any posts, rails, boards or other things by way of enclosure, which have been deposited or set up in any street without the permission or authority specified in sub-section (1), or which, having been deposited or set up without such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2).

 

SECTION 414 : Precaution for public safety to be taken by persons to whom permission is granted under Section 413

 

Every person to whom permission is granted under Section 413 shall at his own expense cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials, or set up any scaffold, erection or other things, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents, shall cause such places to be well lighted during the night.

 

SECTION 415 : Persons to whom permission is granted under Section 413 must reinstate streets, etc.

 

(1) Every person to whom permission is granted under Section 413 to open or break up the soil or pavement of any street, or who under other lawful authority open or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up without delay, to the satisfaction of the Commissioner.

 

(2) If the said person shall fail to reinstate and make good the street or pavement as aforesaid, the Commissioner may restore such street or pavement, and the expenses incurred by the Commissioner in so doing shall be paid by the said person.

 

SECTION 416 : Provisions to be made by persons to whom permission is given under Section 413 for traffic, etc

 

The Commissioner may by written notice, require any person to whom permission is granted under Section 413 to open or break up the soil or pavement of any street or who, under any other lawful authority opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provision to his satisfaction for the passage or diversion of traffic for securing access to any premises which may be approached from such street and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work.

 

SECTION 417 : Hoards to be set up during work on any building adjacent to a street

 

(1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall, in any case in which the footway in any adjacent street will be thereby obstructed or rendered inconvenient, commence doing so, without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail, if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for the use of persons outside of such hoard or fence.

 

(2) No hoard or fence shall be so put up without the previous written permission of the Commissioner, and every such hoard or fence put up with such permission, with such platform and hand-rail as aforesaid, shall be continued standing and maintained in good condition to the satisfaction of the Commissioner, by the person who carries on the work, during such time as may be necessary for the public safety and convenience and, in all cases in which the same is necessary to prevent accidents, the said person shall also cause such hoard or fence to be well lighted during the night.

 

(3) The Commissioner may, by written notice, require the person aforesaid to remove any hoard or fence so put up.

 

SECTION 418 : Naming of streets, and numbering of houses

 

(1) The Commissioner may, from time to time-

 

(a) with the sanction of the Corporation, determine the name by which any street shall be known :-

(b) cause to be put up or painted on a conspicuous part of any house at or near each end, corner or entrance to every street, the name so determined;

(c) with the sanction of the Corporation determine the number by which any premises shall be known;

(d) by written notice require the owner of any premises either to put or paint or number on such premises in such position and manner as may be specified in such notice, or to signify in writing his desire that the work shall be executed under the orders of the Commissioner.

 

(2) No person shall, without the written permission of the Commissioner or without other lawful authority, destroy, remove, deface or in any way injure any such name or number, or put up or paint any name or number, different from that put up or painted by order of the Commissioner.

 

(3) Where a number is put up or painted on any premises under the orders of the Commissioner in accordance with clause (d) of Sub-section (1), the expenses of such work shall be payable by the owner of the premises:

 

Provided that the maximum rate of charge for such work shall be fixed by the Commissioner with the previous sanction of the Corporation.

 

SECTION 419 : Buildings at corners of streets

 

(1) The Commissioner may with the approval of the Standing Committee, require by written order the corner of any building which has already been erected or which is to be newly erected or which is to be re-erected or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building.

 

(2) Compensation shall be paid by the Commissioner for any loss or damage caused by the issue of an order under Sub-section (1).

 

SECTION 420 : Regulations as to sky signs

 

(1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign, whether now existing or not, and no such written permission shall be granted, or renewed, for any period exceeding two years from the date of each such permission or renewal:

 

Provided that in any of the following cases a written permission or renewal by the Commissioner under this section shall become void, namely :-

(a) if any addition to the sky-sign be made except for the purpose of making it secure under the direction of the municipal city engineer;

(b) if any change be made in the sky-sign, or any part thereof;

(c) if the sky-sign or any part thereof falls either through accident, decay or any other cause;

(d) if any addition or alteration be made to, or in the building or structure

upon or over which the sky-sign is erected, fixed or retained, if such addition or alteration involves the disturbance of the sky-sign or any part thereof;

(e) if the building or structure upon or over which the sky-sign erected, fixed or retained become unoccupied or be demolished or destroyed.

 

(2) Where any sky-sign shall be erected, fixed or retained upon or over any land, building, or structure, save and except as permitted as hereinbefore provided, the owner or person in occupation of such land, building or structure shall be deemed to be the person who has erected, fixed or retained such sky-sign in contravention of the provision of this section 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.

 

(3) If any sky-sign be erected, fixed or retained contrary to the provisions of this section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by written notice require the owner or occupier of the land, building or structure, upon or over which the sky-sign is erected, fixed or retained, to take down and remove such sky-sign.

 

The expression "sky-sign" shall in this section mean any word, letter, model, sign, devise or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard framework or other support wholly or in part upon or over any land, building or structure which, or any part of which sky-sign, shall be visible against the sky from some point in any street and includes all and every part of any such post, pole, standard, frame-work or other support. The expression "sky-sign"shall also include any balloon, parachute, or other similar device employed wholly or in part for the purpose of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street, 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, announcement or direction;

(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 blacking 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 do not extend, in height more than three feet above any part of the wall, or parapet or ridge to, against, or on which it is fixed or supported;

(c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the railway administration and place wholly upon or over any railway, railway station, yard, platform or station approach belonging thereto, and so placed that it cannot fall into any street or public place;

(d) any notice of land or buildings to be sold, or let, placed upon such land or buildings.

 

SECTION 421 : Regulation and control of advertisements

 

(1) No person shall without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement whether now existing or not, upon any land, building, wall, hoarding or structure:

 

Provided always that such permission shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which

(a) is exhibited within the window of any building;

(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same, or to the trade or business carried on by the owner of any vehicle upon which such advertisement is exhibited;

(c) relates to the business of any railway administration;

(d) 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.

 

(2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section upon any land, building, wall, hoarding or structure save and except as permitted or exempted from permission as hereinbefore provided, 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 contravention of the provisions of this section 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.

 

(3) If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of this section after the written permission for the erection exhibition, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon which the same is erected exhibited, fixed or retained, to take down or remove such advertisement.

 

(4) (a) The word "structure" in this section shall include a tramcar, omnibus and any other vehicle and any movable board used primarily as an advertisement or an advertising medium; and

(b) the expression "illuminated advertisement" in this section shall not include an illuminated display of goods if such display

(i) is of goods merely bearing labels showing the name of the article or of its manufacturer or of both, and

(ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.

 

SECTION 422 : Commissioner to take proceedings for repairing or enclosing dangerous places

 

(1) If any place is, in the opinion of Commissioner for want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons who have lawful access thereto or to the neighbourhood thereof and if any such work, in the opinion of the Commissioner, affects the safety or convenience of such persons he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the commissioner necessary, in order to prevent danger therefrom or to ensure the safety or convenience of such persons.

 

(2) The Commissioner may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place or to ensure public safety or convenience at such work, and expense incurred by the commissioner in taking such temporary measures shall be paid by the owner or occupier of the place to which the said notice refers.

 

SECTION 423 : Protective measures during demolition work

 

(1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing in addition to such board or fence which he may be required to provide under Section 417 and screens extending to the full height of such building on all sides thereof so to prevent pollution of the surrounding air with dust or injury or damage caused by falling of any debris, bricks, wood or other material.

 

(2) If any such work is commenced in contravention of Sub-section (1) the Commissioner may cause it to be stopped forthwith and any person carrying it out be removed from the premises by a police officer.

 

SECTION 424 : Public streets to be lighted

 

(1) The Commissioner shall

 

(a) take measures for lighting in a suitable manner the public streets, municipal gardens and open spaces and municipal markets and all buildings vesting in the Corporation;

(b) procure, erect and maintain such number of lamps, lampposts and other appurtenances as may be necessary for the said purpose; and

(c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.

 

(2) The Commissioner may place and maintain electric wires for the purpose of lighting such lamps under, over, along or across, and posts, poles, standards, staves, struts, brackets, and other contrivances for carrying suspending or supporting lamps or electric wires in or upon, any immovable property without being liable to any claim for compensation thereof.

 

Provided that such wires, posts, poles, standards, staves, struts, brackets and other contrivances shall be so placed as to occasion the least practicable inconvenience or nuisance to any person.

 

SECTION 425 : Prohibition of removal, etc., of lamps

 

No person shall, without lawful authority, take away or wilfully break, throw down or damage (a) any lamp, lamp-post or lamps-iron set up in any public street or municipal garden, or in any open space, markets or building vesting in the Corporation;

 

(b) any electric wire for lighting any such lamp;

 

(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp;

 

(d) any property of the Corporation in any street; and no person shall wilfully extinguish the light or damage the appurtenance of any such lamp.

 

SECTION 426 : Persons accidentally breaking lamp to repair the damage

 

If any person shall through negligence or accident breaks any lamp set up in any public street or municipal market, garden or public place or building vesting in the Corporation, or shall break or damage any property of the Corporation of any street, he shall pay the expenses of repairing the damage so done by him.

 

SECTION 427 : Measures for watering streets

 

The Commissioner may (a) take measures for having the public streets watered at such time and seasons and in such manner as he shall think fit;

 

(b) procure and maintain such vehicles, animals, apparatus as he shall think fit for the said purpose.

 

CHAPTER 12 : BUILDING REGULATIONS NOTICES REGARDING ERECTION OF BUILDING

 

SECTION 428 : Notice to be given to commissioner of intention to erect a building

 

(1) Every person who intends to erect a building shall give to the commissioner notice of his said intention in a form, obtained for this purpose under Section 435, specifying the position of the building intended to be erected, the description of building, the purpose for which it is intended, its dimensions and the name of the person whom he intends to employ to supervise its erection.

 

(2) In this Chapter and wherever occurring in this act to erect or re-erect a building' means

 

(i) any material alteration or enlargement of any building;