Andhra Pradesh (Telangana Area) District Board Act, 1955

Act Description: ANDHRA PRADESH (TELANGANA AREA) DISTRICT BOARDS ACT, 1955

Act Details:

 

ANDHRA PRADESH (TELANGANA AREA) DISTRICT BOARDS ACT, 1955

CHAPTER 1 Preliminary

Section 1 Short title, extent and commencement

(1) This Act may be called the Telangana District Boards Act, 1955.

(2) It extends to the whole of the State of Hyderabad except areas legally included within the jurisdiction of Corporations constituted under the Hyderabad Municipal Corporations Act, 1950, or of any Cantonment or of any City Municipal Committee or Town Municipal Committee constituted under the Hyderabad Municipal and Town Committees Act, 1951 or of a Mines Board of Health.

(3) It shall come into force on such date as may be specified by Government by notification in the Official Gazette.

Section 2 Definitions

In this Act unless there is anything repugnant in the subject or context:

(i) (Omitted);

(ii) ` building ' includes a house, out-house, shop, stable, warehouse, workshop, canopy, shed, hut or other enclosure whether used as a human dwelling or otherwise and shall include also walls including compound wall and fencing, verandahs, platforms, plinths, door steps and the like;

(iii) (Omitted)

(iv) ' district ' means a revenue district constituted as a district, from time to time, under the Land Revenue Act, 1317F.;

(v) `erect or re-erect any building' includes:

(a) any material alteration or enlargement of any building,

(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,

(c) the conversion of one or more place of human habitation not a greater number of such places,

(d) the conversion of two or more places of human habitation into a lesser number of such places

(e) such alteration of a building as effect a change in its drainage or sanitary arrangements or materially affect its security,

(f) the addition of any rooms, building, out-houses or other structures to any building,

(g) conversion by any structural alteration into a place of religious worship or into a sacred building, any place or building not originally meant or constructed for such purpose.

(h) roofing or covering an open space between walls or buildings as regards the structure which is formed by roofing or covering such space.

(i) conversion into a stall, shop, warehouse or godown of any building not originally constructed for use as such or vice- versa.

(j) construction on a will adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land;

(v-A) ' Executive Officer ' means:

(a) in the case of a Mandala Panchayat the Mandala Development Officer;

(b) in the case of Zilla Panchayat, the District Development Officer of the Zilla Panchayat;

(vi) ` factory ' means besides a factory as defined in the Factories Act, 1948, any premises, including the precincts thereof wherein any industrial manufacturing or trade process is carried on with the aid of steams, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency;

(vii) ` financial year ' means the year beginning on the 1st day of April or on such date as the Government may by notification appoint;

(viii) ` Government servant ' does not include a retired pensioner;

(ix) ` Health Officer ' means the Health Officer, if any, employed by or on behalf of the Mandala Panchayat or Zilla Panchayat and if there is no such officer, the Health Officer of the District.

(x) ` infectious disease ' means cerebra-spinal fever, chicken-pod, cholera, diphteria, enteric fever, epidemic influenza, leprosy, measles, plague, rabies, scarlet fever, small-pox, tuberculosis, typhus, yaws or any order disease which the Government may notify in this behalf either generally throughout the State or in such part or parts thereof as may be specified in the notification;

(xi) ` inhabitant ' includes any person ordinarily residing or carrying on business or owning or occupying immovable property in any area within the jurisdiction of Mandala Panchayat or Zilla Panchayat.

(xii) ` market ' means a place for the sale of goods or animals publicly exposed where, ordinarily or periodically, at least four shops, stalls or sheds, are set upon at least ten animals are brought for sale;

(xiii) (Omitted)

(xiv) ` occupier ' means any person in actual possession of any land, building or part thereof, and includes an owner in actual possession, and a tenant or licensee whether such tenant or licensee is liable to pay rent or not;

(xv) ' offensive matter ' includes night-soil and other contents of latrines, cesspools and drains; dung and the refuse or useless or offensive material thrown but in consequence of any process of manufacture industry or trade, putrid and petrifying substances, dirt, house sweepings, settings, including chewed betel and tobacco, kitchen or stable refuse, broken glass or pottery, debris and waste paper;

(xvi) ` offensive trade ' means any trade, business or industry in which the substances dealt with are, or are likely to become a nuisance;

(xvii) ` owner ' includes the person for the time being receiving the rent of any land or building or part thereof, whether on his own account, or as agent, receiver, or trustee or who would receive rent if the land or building or part thereof were let to a tenant;

(xviii) ` Panchayat ' means a Panchayat established under the Hyderabad Village Panchayats Act, 19+6;

(xix) ' prescribed ' means prescribed by the rules made under this Act;

(xx) (Omitted);

(xxi) ` private market ' means any market belonging to a Board or acquired, constructed, maintained or managed by the Board;

(xxiii) ` public nuisance ' includes any act, omission, place or thing which cause or is likely to cause injury, danger annoyance or offence to the senses of sight, smell or hearing disturbance to rest or sleep or with is or may be dangerous to life or injurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right;

(xxiv)` street ' means any road, footway, square, court, alley or passage, accessible to the public, whether a thoroughfare or not; and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings about thereon, and if it is used by any person as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid, and shall include also the drains on either side, and land, whether covered or not by any pavement verandah or other erection, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property be private property or property reserved by Government or by the Board for any purpose other than a street;

(xxv) ` tax ' includes any tool, rate, cess, fee other impost leviable under this Act;

(xxvi) ` vehicle ' includes a bicycle, tricycle, motor car, and every wheeled conveyance which is used or is capable of being used on a public street;

(xxvii) (Omitted);

(xxviii) the words used but not defined in this Act shall have the meanings assigned to them in the Land Revenue Act of 1317 Fasli and Andhra Pradesh Panchayat Samithies and Zilla Parishads Act, 1959.

CHAPTER 5 Property, Contracts and Liabilities

Section 66 Property vested in the Mandala Panchayat or the Zilla Panchayat

(1) The Government may, from time to time, direct that any road, bridge, channel building or other property, movable or immovable which is vested in the Government and which is situated within a Mandal or District, shall with the consent of the Mandala Panchayat or the Zilla Panchayat of such Mandal or District, and subject to such exceptions and conditions as the Government, may make and impose, be placed under the control and administration of the Mandala Panchayat or the Zilla Panchayat for the purposes of this Act, and thereupon such road, bridge, channel, building or other property shall be under the control and administration of the Mandala Panchayat or the Zilla Panchayat; subject to all the exceptions and conditions so made and imposed and to all charges and liabilities affecting the same.

(2) The Government may, from time to time, by notification in the Official Gazette resume any property placed under the control of the Mandala Panchayat or the Zilla Panchayat under sub- section 1), on such terms as the Government may determine with the consent of the Mandala Panchayat or the Zilla Panchayat.

Section 67 Acquisition of land for Mandala Panchayat or the Zilla Panchayat

When any land is required whether within or without the area subject to the jurisdiction of a Mandala Panchayat or the Zilla Panchayat for the purposes of this Act, the Government may on the request of the Board proceed to acquire it under the provisions of the Land Acquisition Act 1894, and on payment by the Mandala Panchayat or the Zilla Panchayat of the compensation awarded under that Act, and of any other charges incurred by the Government in connection with the acquisition, the land shall vest in the Mandala Panchayat or the Zilla Panchayat such acquisition shall be deemed to be acquisition for a public purpose within the meaning of the said Act.

Section 68 Management of public institutions

(1) The management, control and administration of every public institution maintained out of the Mandala Panchayat fund or Zilla Panchayat fund shall vest in the Mandala Panchayat or the Zilla Panchayat.

(2) When any public institution has been placed under the direction, management and control of the Mandala Panchayat or the Zilla Panchayat all property, endowments and funds belonging thereto shall be held by the Mandala Panchayat/Zilla Panchayat in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was placed;

Provided that the extent of the independent authority of the Mandala Panchayat or Zilla Panchayat in respect of any such institution may be prescribed.

Section 69 Property of Mandala Panchayat or Zilla Panchayat

The Mandala Panchayat or Zilla Panchayat may, with the sanction of Government, transfer to the Government any property vested in the Mandala Panchayat or Zilla Panchayat under Section 66, 67 or 68, but not so as to affect any trust or public right subject to which the property is held.

Section 70 Other transfers of property of Mandala Panchayat or Zilla Panchayat

Subject to such exceptions as the Government may by general of special order direct, no Mandala Panchayat or Zilla Panchayat shall transfer any immovable property except in pursuance of a resolution passed at a meeting of majority of not less than two-thirds of the whole number of its members and in accordance with the rules made under this Act, and no Mandala Panchayat or Zilla Panchayat shall transfer any property which has been vested in it by the Government except with the sanction of the Government.

Provided that nothing in this section shall apply to leases of immovable property for a term not exceeding three years.

Section 71 Auctions

The Mandala Panchayat or Zilla Panchayat shall have the power to hold auctions and to enter into contracts pertaining to such actions:

Provided that when the period of such contract exceeds one year but does not exceed three years, the sanction of the Secretary, Planning and Local Ad. Dept. and when it exceeds three years, the sanction of the Government shall be obtained.

Section 72 Saving of the Local authorities Loans A, in 1352 F

Nothing contained in this Act shall affect the Social Authorities Loans A in 1352 F.

Section 73 Mode of making contracts

(1)The President or Chairman may, on behalf of the Mandala Panchayat or Zilla Panchayat enter into any contract or agreement the amount or value of which shall not exceed one thousand rupees, in such manner and form as according to the law for the time being in force, would bind him if such contract or agreement were on his behalf.

(2) Every other contract or agreement where the amount or the value of the contact or agreement exceeds rupees one thousand, shall be in writing and be signed with the previous approval of the Mandala Panchayat or Zilla Panchayat by the President or Chairman and two other members on behalf of the Mandala Panchayat or Zilla Panchayat and sealed with the common seal of the Mandala Panchayat or Zilla Panchayat.

(3) No contract or agreement not executed as provided in this section, shall be binding on a Mandala Panchayat or Zilla Panchayat.

Section 74 Improper Interest of contracts

(1) No member, officer or servant appointed or employed under this Act shall in any way be interested directly or in directly in any contract made with a Mandala Panchayat or Zilla Panchayat.

(2) If any such officer or servant is so interested or under control of his office or employment accepts any fee or reward whatsoever other than his proper salary and allowances, the Mandala Panchayat or Zilla Panchayat or, in the case of officers whose appointment is subject to the approval of the Government or by any Government officer the Government may declare that he shall be incapable of holding or continuing in any office or employment under this Act.

(3) Nothing in this section shall bar a criminal prosecution under Section 75.

Explanation: - A person shall not by reason only of being a shareholder in, or a member of, any incorporated or registered company, be deemed to be interested in any contract entered into between the company and the Mandala Panchayat or Zilla Panchayat but he shall not take part in any proceedings of the Mandala Panchayat or Zilla Panchayat relating to any such contract.

Section 75 Penalty for improper interest in contracts

If any member, officer, or servant of a Mandala Panchayat or Zilla Panchayat is directly or indirectly interested in any contract made with such Mandala Panchayat or Zilla Panchayat he shall be deemed to have committed an offence under Section 168 of the Indian Penal Code.

Section 76 Bar of suit in respect of act done in good faith

No suit shall be maintainable against any Mandala Panchayat or Zilla Panchayat or any member, officer or servant there o or any person acting under the directions of any such Mandala Panchayat or Zilla Panchayat, member, officer or servant in respect of anything lawfully and in good faith and with due care and attention done under this Act or any rule or bye-law made thereunder.

Section 77 But of suit in absence of notice

No suit shall be instituted against any Mandala Panchayat or Zilla Panchayat or any member, office or servant thereof or any person acting under the direction of any such Mandala Panchayat or Zilla Panchayat, member, officer or servant for anything done or purporting to be done under this Act, until the expiration of two months next after a notice in writing, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims. Such notice shall be in the case of a Mandala Panchayat or Zilla Panchayat delivered or left as its office and in the case of any such member, officer, servant or person as is aforesaid, delivered to him or left at his office or usual place of abode; and the plaint shall contain a statement that such notice has been so delivered or left.

Section 78 Liability for loss, waste or misappropriation of money or property

(1) If any member, officer or servant of a Mandala Panchayat or Zilla Panchayat makes or directs to be made any payment or application of money or other property belonging or under the control of such Mandala Panchayat or Zilla Panchayat to any purpose not authorised by or under this Act, or assents to, or concurs with or participates in any affirmative vote or proceeding relating thereto he shall be individually liable to such Mandala Panchayat or Zilla Panchayat for the loss or damage caused thereby, unless he proves that he acted in good faith and with due care and attention.

(2) Every member or officer or servant of a Mandala Panchayat or Zilla Panchayat shall be liable to such Mandala Panchayat or Zilla Panchayat for the loss or damage caused thereby, unless he proves that he acted in good faith and with due care and attention.

(2A) Every member or officer or servant of a Mandala Panchayat or Zilla Panchayat shall be liable to such Mandala Panchayat or Zilla Panchayat for the loss of any money or the loss of or damage to other property belonging to it or under its control if such loss or damage is a direct consequence of his negligence or misconduct.

(3) Notwithstanding anything contained in Section 77, a suit under this section may be instituted by the Government or the Mandala Panchayat or Zilla Panchayat with the previous sanction of Government.

Section 79 Power of Mandala Panchayat or Zilla Panchayat to compromise suits

Subject to rules made under this Act, a Mandala Panchayat or Zilla Panchayat may compromise any suit instituted by or against it, or any claim or demand arising out of any contract entered by it in accordance with this Act for such sum of money or other compensation as shall be deemed sufficient.

CHAPTER 6 Duties and Powers of Mandala Panchayat or Zilla Panchayat

Section 80 Duties of Mandala Panchayat or Zilla Panchayats

(1) Subject to such rules as the Government may, from time to time, prescribe, it shall be duty of a Mandala Panchayat or Zilla Panchayat in addition to other duties imposed upon it by this Act or by any other law or order having the force of law for the time being in force and in so far as the funds at its disposal may admit, to undertake and make reasonable provision for the following matters within the limits of the area subject to its authority and not legally included in the authority of the Government or any other local authority, namely.

(A) In respect of Mandala Panchayat.

(a) the construction, repair and maintenance of public roads and other means of communication which are not under the control of any other local body or of the Government;

(b) the planning and preservation of trees by the said or in the vicinity of roads and on other public grounds in its control;

(c) the establishment and maintenance of markets other than markets regulated by the Hyderabad Agricultural Markets Act, 1339 Fasli, travelers’ bungalows, musafirkhanas, chauris, rest houses and other public institution, and the construction and repair of all building connected with such institutions;

(d) the construction and repair of public tanks, well and water works for the supply of water from them and from other sources and the construction and maintenance of works for the preservation from pollution of water used for drinking, cooking and other domestic purposes:

(e) the construction, management and maintenance of cattle pounds;

(f) the management of such public ferries as may be entrusted to its charge;

(g) the improvement of villages including the acquisition of land for the extension of villages sites;

(h) the promotion of vaccination;

(i) other measures necessary for the public and sanitation including the control of sanitation during an Urs. Jatra or other fair, festival or public assemblage and such measures as may be required to prevent the outbreak, spread or recurrence of infectious disease;

(j) the construction and maintenance of primary schools building for boys and girls and the provision of school equipment and play grounds.

(B) in respect of a Mandala Panchayat and Zilla Panchayat; (k) the maintenance of any building or other property vested in the Mandala Panchayat or Zilla Panchayat; and

(C) in respect of a Zilla Panchayat:

(1) the printing and publishing of such annual or periodic reports on the whole or any branch of its administration as the Government may by general or special order, require the Zilla Panchayat to submit.

(2) No suit for damages or for specific performance shall be maintainable against any Mandala Panchayat or Zilla Panchayat or any officer or member thereof, on the ground that any of the duties specified in sub-section (1) have not been performed.

Section 81 Discretionary powers of a Mandala Panchayat or Zilla Panchayat

Subject to such rules the Government may from time to time prescribe, it shall be within the direction of a Mandala Panchayat or Zilla Panchayat, in addition to the duties imposed upon it under the provisions of this Act or any other law for the time being in force, to undertake and make provision for the following matters within the limits of its jurisdiction, namely.

(a) the encouragement and development of Co-operative Societies;

(b) the improvement of cattle and other livestock;

(c) the promotion of agriculture, local arts, industries, commerce and other measures tending to the economic welfare of villagers;

(d) the provision of public parks and recreation grounds;

(e) the construction of libraries and reading rooms and the furthering of educational objects other than the construction and maintenance of primary school buildings;

(f) the destruction or the detention and preservation of owner less dogs;

(g) the holding and management of fairs and cattle, poultry agricultural and industrial shows and exhibitions;

(h) the reclaiming of unhealthy localities, the laying out of new village-sites, the building of model villages and the grant of loans to private persons or associations for the above purpose;

(i) the organisation and maintenance of relief works in times of famine or scarcity;

(j) the construction, repair maintenance and management of medical and veterinary dispensaries;

(k) the establishment and maintenance of maternity services and child welfare canters;

(l) the purchase of medicines;

(m) the provision of houses for any class of servants employed by the Mandala Panchayat or Zilla Panchayat.

(n) the eradication of Bengal Hyacinth and other noxious plants and prevention of water-logging in ayacuts;

(o) the afforestation, in co-operation with or on the advice of the Forest Department of any waste or other lands, to prevent erosion, to increase the local supply of fuel or to provide green manure;

(p) the construction, repair maintenance and management of minor tanks for irrigation in co-operation with or on the advice of the Public Works Department; and

(q) any other matter not herein before specifically named which is likely to promote the health, comfort or convenience of the public.

CHAPTER 7 Sanitary and other Powers

Section 82 Powers to enter and inspect, building etc.

The President, the Executive Officer or any person authorised by the Mandala Panchayat in this behalf may at any time between sunrise and sunset, on giving notice in the manner hereinafter, provided enter and inspect all buildings and lands, and by written notice direct that all or any part thereof, shall be cleansed, cleared or otherwise put in a proper state for sanitary reasons.

Section 83 Insanitary buildings

Whoever, being the owner or occupier of any building or land whether tenantable or otherwise allows the same to be in an insanitary or unwholesome state or, in the opinion of the Mandala Panchayat a nuisance to persons residing in the neighborhood, or overgrown with prickly pear or rank and noisome vegetation, and who, when required by a notice, in writing, from any person authorised by the Mandala Panchayat in this behalf, to cleanse, remove or otherwise put the same in a proper state, does not comply with the said requisition a reasonable time from the receipt thereof, shall on conviction before a Magistrate, be liable to a fine not exceeding twenty rupees, and if the offence be a continuing one, to a further fine not exceeding five rupees for every day during which the said offence is continued after conviction.

Section 84 Powers with regard to sources of water

The President the Executive Officer or any person authorised by the Mandala Panchayat in this behalf, may, at any time, by written notice, require that the owner of, or any person who has control over, any well stream, channel, tank or other sources of water supply whether it is private or not shall.

(a) if the water is used for drinking-

(i) keep and maintain any such source of water-supply, other than a stream, in good repair, or

(ii) within a reasonable time to be specified in the notice, cleanse any such source of water supply from salt, refuse and decaying vegetation, or

(iii) in such manner as the mandala Panchayat directs, protect any such source of water supply from pollution by surface drainage, or

(iv) desist from using and from permitting other to use for drinking purposes any such source of water supply which not being a stream in its natural flow, is in the opinion of the Mandala Panchayat unfit for drinking, or

(v) if notwithstanding any such notice under sub-clause (iv) such use continues and cannot in the opinion of the Mandala Panchayat be otherwise prevented, close, either temporarily or permanently, or fill up or enclose or fence in such manner as the Mandala Panchayat considers sufficient to prevent such source of water-supply, or

(vi) drain off otherwise remove from any such source of water supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Mandala Panchayat considers is injurious to health or offensive to the neighborhood;

(b) within twenty four hour of such notice, repair, protect or enclose in such manner as the Mandala Panchayat may direct or approve any such source of water supply whether used for drinking purposes or not, other than stream in its natural flow, if for want of sufficient repair, protection or enclosure such source of water supply is in the opinion of the Mandala Panchayat dangerous to the health or safety of the public or of any person having occasion to use, pass by or approach the same.

Section 85 Remedy on non-compliance with directions issued

If the owner or the person having control as aforesaid fails or neglects to comply with any such requisition within the time required by or under the provision of Section 84, the Mandala Panchayat may, and, if in the opinion of the President immediate action is necessary to protect the health or safety of any person shall at once proceed to execute the work required by such notice, and all the expenses incurred thereon shall be paid by the owner of, or person having control over, such water supply and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X.

Provided that in the case of any well or private stream or any private channel, tank or other source of water supply, the water of which is used by the public or by any section of the public as of right; the expenses incurred by such owner or person having control may, if the Mandala Panchayat so directs, be paid from the Mandala Panchayat Fund at the disposal of such Mandala Panchayat.

Section 86 Power to set apart public springs, etc., for certain purposes and to prohibit use of water from certain sources

(1) The Mandala Panchayat may, by public notice which shall be put up as the spring. tank, well or other place concerned as required by Section 185, set apart any public spring, tank, well or other place or any public water source or any par thereof for drinking purposes or for bathing or for washing clothes or animals or for any other purposes calculated to promote the health, cleanliness, comfort or convenience of the inhabitants; and may also set apart with the consent of the owner, any private spring, tank, well or other place for any of the aforesaid purposes.

(2) The Mandala Panchayat may., during epidemics, on receipt of a certificate from any Medical Officer of the Mandala Panchayat or of the Government stating that such action is desirable, summarily by notice prohibit the use of water from any source to which the public have access. Such notice shall be served by putting up a copy thereof near the source of water supply and by beat of drum in the locality stating the number of days for which such prohibition shall last. The Mandala Panchayat may extend or modify the notice from time to time.

Section 87 Penalty for using places set apart for other purposes

Whoever -

(a) bathes in or defiles the water in any place set apart for drinking purposes by the Mandala Panchayat or in the case of private property by the owner thereof, or

(b) deposits any offensive or deleterious matter in the dry bed of any place set apart as aforesaid, for drinking purposes, or

(c) washes clothes in any place set apart as aforesaid for drinking purposes or for bathing, or

(d) washes any animal or any cooking utensils or wool, skins or other foul or offensive substance or deposits any offensive or deleterious matter in any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes, or

(e) allows the water from a sink, sewer ,drainage or boiler or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes, shall on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, and if the offence be a continuing one, to a further fine not exceeding ten rupees for every day during which the said offence is continued after conviction.

Section 88 Abatement of nuisance from foul water

When any pool, ditch, tank, pond, well, hole or any waste or stagnant water or any channel or receptacle of foul water or other offensive or injurious matter, whether the same be within any private enclosure or otherwise, shall appear to the Mandala Panchayat to be likely to prove injurious to the health of the inhabitants or offensive to the neighborhood, the Mandala Panchayat may by written notice require the owner of the same to cleanse, fill up, drain off or remove the same, or to take such measures as shall in its opinion, be necessary to abate or remove the nuisance.

Section 89 Closing of places for the disposal of the dead

(1) If the Mandala Panchayat is of opinion that any place within its jurisdiction which is used for the disposal of the dead is in such a state as to be or to be likely to be injurious to health, it may submit its opinion with the reasons therefor to the Government. The Government may, thereupon, after such further enquiry as may be necessary, by notification direct the Mandal that such place shall cease to be so used from such date as may be specified in that behalf in the notification.

(2) A copy of the said notification with a translation thereof in the local language of the Mandal shall be posted at the office of the Mandala Panchayat and in one or more conspicuous spots on or near the place to which it relates and notice thereof shall also be given in locality by beat of drum.

(3) Any person who buries or otherwise disposes of any corpse in any such place after the date specified in the said notification for the closure thereof or buries any unoccupied Government land not set aside for the burial of the dead under the provisions of any law for the time being in force or by established usage shall, on conviction before a Magistrate, be liable to a fine not exceeding one hundred rupees.

Section 90 Registration of burial and cremation grounds

(1) Every owner or person having the control of anyplace used at the date of the coming into operation of this Act as a place for burying, cremating or otherwise disposing of the dead shall if such place be not already registered, apply to the Mandala Panchayat to have such place registered.

(2) If it appears to such Mandala Panchayat that there is no owner or person having the control of such place, the Mandala Panchayat shall assume such control and register such place or may close it.

Section 91 Licensing of places for the disposal of the dead

(1) No new place for the disposal of the dead whether private or public, shall be opened, formed, constructed or used unless license have been obtained from the Mandala Panchayat.

(2) Application for a licence shall be accompanied by a plan of the place to be registered showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such other as the Mandala Panchayat may require.

(3) The Mandala Panchayat may after such enquiry as it may deem fit grant or refuse a licence.

(4) The Government may cancel, modify or revise the order passed by a Mandala Panchayat under sub-section (3)

Section 92 Provisions of burial and cremation grounds and crematoria

The Mandala Panchayat may, and if no sufficient provision exists, shall provide at the cost of the Mandala Panchayat fund, places to be used as burial or cremation grounds or crematoria and may if it deems necessary charge fees for the use thereof.

Section 93 President, etc., to have power of entry for inspection into building etc., where infectious disease exists

(1) The president Executive Officer or any person authorised by the Mandala Panchayat in his behalf, may, at any time after reasonable notice enter any building or premises for the purposes of inspecting such building or premises if he has reasons to believe that any dangerous infectious disease exists therein.

(2) No such inspections shall be made except between sunrise and sunset.

(3) If the Mandala Panchayat is of opinion that the cleansing or disinfecting of a building or premises or a part thereof, or of any articles therein likely to retain infection, would tend to prevent or check the spread of any dangerous infectious disease it may by notice require the owner or occupier to cleanse or disinfect the same within a to time be specified in such notice:

Provided that if the Mandala Panchayat considers that immediate action is necessary or that the owner or occupier is by reasons of poverty or otherwise unable effectually to comply with its requisition the Mandala Panchayat may itself cause such building or premises or articles to be cleansed or disinfected and for the purpose may cause such articles to be removed from such building or premises and the expenses incurred under this sub-section shall be recoverable from the said owner or occupiers unless he was by reason of poverty, unable effectually to comply with its requisition.

Section 94 Mandala Panchayat to notify places for washing and disinfecting articles exposed to infection

(1) The Mandala Panchayat shall, from time to time notify places at which clothes bedding or any other articles which have been exposed to infection from any dangerous infections disease may be washed or disinfected.

(2) The Mandala Panchayat may direct the destruction of clothes; bedding or other articles likely to retain such infection and shall on application give compensation for the articles destroyed.

(3) Infected articles may be destroyed: Whoever washes such clothing or bedding or other articles at any place other than those set apart for such purposes under sub-section (1) shall on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees.

Section 95 Information regarding infectious disease

(1) Every medical practitioner who in the course of his practice, becomes cognizant of the existence of any infectious disease in any dwelling other than a public hospital, and every manager of any factory or public building every keeper of a serai, dharmashala hotel or lodging house; every head of a family and every owner or occupier of a house, who knows or has reason to believe that any person in any premises under his management control or occupation is suffering from or has died of, an infectious disease shall, i the case has not already been reported give information thereof with the least possible delay, to the President, the Executive Officer, the Health Officer, the Assistant Health Officer, the Tahsildar, the Police Patel of the village or the Officer-in- charge or the nearest Police Station House.

(2) A breach of sub-section (1) shall be punishable with fine which may extend to fifty rupees.

Explanation: - In this section `Medical Practitioner' includes a Hakim or Vaidya.

Section 96 Obstructions and encroachments upon public road, land or building

(1) Whoever on any part of a public road, land or building after it has vested in, or has become the property of a Mandala Panchayat, shall build or set up, any wall or fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or thing or other encroachment or obstruction or shall deposit, or cause to be placed or deposited, any box, bale, package or merchandise or any other thing on any part of any such road, land or building or in, or ever, or upon, any open drain, gutter, sewer or aqueduct in such road land or building, shall be punished with fine which may extend to twenty five rupees.

(2) The Mandala Panchayat shall have power to remove any such obstruction or encroachment and the expense of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X:

Provided that before proceeding to remove any such obstruction or encroachment, the Mandala Panchayat shall by written notice call upon the person who has caused such obstruction or encroachment to remove it within a reasonable time to be specified in the notice or to show cause why the same should not be removed.

(3) Nothing contained in this section shall prevent a Mandala Panchayat from allowing any temporary occupation of or erections on any public road, which vests ion it or is its property on occasions of festivals and ceremonies or for the piling of fuel on any part of such road for not more than fifteen days and in such manner as not to inconvenience the public or any individual.

Section 97 Prohibition of hotels, restaurants, tea-shops, etc., and offensive or dangerous trade without licence

(1) Subject to such provision as may be prescribed no place within the jurisdiction of a Mandala Panchayat shall be used as a hotel, restaurant, tea shop or for any similar purposes of for the manufacture of tiles, bricks or lime or for the purpose of any other trade or business which the Government may, by notification declare to be offensive or dangerous, except under a licence from the Mandala Panchayat and subject to such conditions as may be imposed in the licence and to such fees, if any as may be prescribed.

(2) When a licence fails to comply with any of the conditions imposed in the licence, the Mandala Panchayat may suspend or cancel his licence.

Section 98 Power to regulate slaughter of animals for sale

The Board may fix places or premises.

(a) for keeping animal or animals of any specified description which are to be sold for purpose of slaughter;

(b) for the slaughter of such animals; and

(c) for the sale of the flesh of such animals; and may grant and withdraw licenses for the use of such places or premises.

Section 99 Power to take measures against cattle disease

100. Prevention of rabies and disposal of mad and stray dogs: -

(1) The Mandala Panchayat may

(a) authorise any person:

(i) to destroy or cause to be destroyed or to confine or cause to be confined, for such period as the Mandala Panchayat may direct, any dog or other animal suffering from rabies or reasonably suspected to be suffering from rabies or bitten by any dog or other animal suffering or suspected as aforesaid;

(ii) to confine or cause to be confined any dog found wandering about streets or public places without collars or other marks distinguishing them as private property; and to charge a fee for such detention and to destroy or otherwise to dispose of any such dog if it is not claimed within one week and the fee paid;

(b) appoint from time to time, by public notice a certain period within which any dogs without colors or other marks distinguishing them as private property found straying on the streets or beyond the enclosure of the house of the owners of such dogs may be destroyed and cause them to be destroyed and cause them to be destroyed accordingly.

(2) No damage shall be payable in respect of any dog destroyed or otherwise disposed of under this section.

Section 101 Dangerous quarrying, blasting, felling trees or cutting timber of building

Whoever quarries, blasts, feels trees, cuts timber or carries on building operations in such a manner as to cause or to be likely to cause, danger to persons passing by or dwelling or working in the neighborhood, shall be punishable with fine which may extend to fifty rupees.

Section 102 Permission necessary for erecting and for construction, establishment or installation of factory, workshop or workplace

(1)

(a) subject to such provisions as may be prescribed, no person shall erect or re-erect any building without the written permission of the Mandala Panchayat.

(b) Such permission may not be refused except for the reason of the site being unsuitable on sanitary or village planning grounds.

(c) Such permission shall be presumed to have been granted if its refusal is not communicated within two months of the receipt of the application for permission.

(2)

(a) Subject to the provisions of the Factories Act, 1948 (LXIII of 1948), every person intending;

(i) to construct or establish, extend or shift within the limits of the jurisdiction of a Mandala Panchayat, any factory, workshop or work place in which it is proposed to employ water steam, electricity or other mechanical power, or

(ii) to install in any premises any machinery or manufacturing plant driven by the powers as aforesaid shall, before, beginning such construction, establishment, extension, shifting or, installation, make an application in writing to the Mandala Panchayat for permission to undertake the intended work.

(b) The application shall be accompanied by:

(i) a plan of the factory, workshop, workplace or premises prepared in such manner as may be prescribed;

(ii) such as to the power, machinery, plant or premises as at the Mandala Panchayat may require by rule made in this behalf.

(c) The Mandala Panchayat shall, as soon as may be after the receipt of the application:

(i) grant the permission applied for, either absolutely or subject to such condition as it thinks fit to impose, or

(ii) refuse permission, if it is of opinion that such establishment or installation is objectionable by reason of the density of the population in the neighborhood or that it is likely to cause a nuisance.

(3) Whenever any building is erected, or re-erected without any such permission or in any manner contrary to the provisions prescribed under sub-section (1) or to any conditions imposed by the Mandala Panchayat in this behalf, or, any factory, workshop or workplace is constructed, established or installed without any such permission or in any manner contrary to the provisions prescribed under sub-section (2) or to any conditions imposed by the Mandala Panchayat in this behalf, the Mandala Panchayat may:

(a) direct that the building, construction, establishment or installation be stopped, or (b) by written notice require such building, construction establishment or installation to be altered, demolished, removed, as may be necessary.

(4) No claim shall lie for compensation on account of any order under this section.

Section 103 Regional and Town Planning and local layouts

The Government may notify any area in the jurisdiction of Mandala Panchayat as an area in which no building is to be erected or re-erected except in accordance with a regional or Village Plan or a local lay-out sanctioned by Government in the manner prescribed.

Section 104 Notification of sanction of plan or lay-out

(1) As soon as any regional or village plan or local lay-out is sanctioned by the Government under rules made under clause (xv) of sub-section (2) of Section 200, the said sanction shall be published by a notification in the Official Gazette and such notification shall state at what places and time the plan or lay-out will be open to inspection by the public.

(2) A notification published under sub-section (1) shall be conclusive evidence that the plan or lay-out has been duly made and sanctioned. The plan or lay-out shall be effective from the date of publication of such notification and the execution of the plan or lay-out shall be begun as soon as possible thereafter:

Provided that the Government may direct the execution of the plan or lay-out or any part thereof to be deferred until such time as it may fix.

Section 105 Variation or revocation of plan or lay-out

A regional plan or village plan or local lay-out sanctioned under the rules made under clause (xv) of sub-section (2) of Section 200, may at any time be varied or revoked by a subsequent plan or layout prepared and sanctioned in the same manner as the regional plan or lay-out.

Section 106 Limitation of compensation payable to persons affected by variation or revocation of the plan or lay-out

If at any time after the date on which a regional or town plan or local lay-out has come into force, such a plan or lay-out is varied or revoked, any person who has incurred expenditure for the purpose of complying with such plan or layout shall be entitled to receive compensation for the Mandala Panchayat executing the plan or lay-out in so far as by reason of the variation or revocation of such plan or lay-out such expenditure has ceased to be in any way beneficial to him.

Section 107 Obligation of owners to comply with plan or lay-out after sanction

From the date of the notification under Section 104, sanctioning a regional or village plan or a local lay-out, all owners of lands and buildings in the area affected by the plan or lay-out who propose to erect or re-erect or in any way alter or add to buildings, shall, conform in every particular with the requirements of such plan or lay-out and no buildings shall be erected or re-erected in any area in which building is expressly for bidden in the plan or lay-out, or which if reserved in the plan or lay-out for any purpose incompatible with building.

Section 108 Penalty for breach of the provisions of any regional or town plan or layout

(1) After a notification has been issued under Section 104 sanctioning a regional or village plan or a local lay-out, the authority responsible for the execution of such plan or lay-out shall, if he has reason to believe that any person commits or knowingly permits a breach of any provisions of such plan or lay-out or neglects or fails to comply with any such provision, cause to be served on such person a notice calling on him to discontinue the breach or cause it to be discontinued or comply with such provision.

(2) If after the expiry of one month from the date of the service of the notice on such person under sub-section (1), the breach, neglect or failure continues, such person shall, on conviction, be punishable.

(i) With fine, which may extend to fifty rupees, and

(ii) if the breach, neglect or failure continues after such conviction, with further fine which may extend to five rupees for every day during which the breach, neglect or failure continues after such conviction.

Section 109 Powers of entry etc.

For the purpose of the making or execution of any regional or village plan or local lay-out, the mandala Panchayat or any person authorised by the Mandala Panchayat in this behalf shall, subject to the provisions of this Act after giving twenty four hour's notice to the occupier, or if there be no occupier, to the owner of any property, be entitled to survey and set up marks on any property, and to do all acts necessary for such purposes.

Section 110 Application of the Hyderabad Land Acquisition Act, 11309 F. to immovable property required for plan or layout

Immovable property required for purposes of a regional or village plan or local lay-out, shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894.

Section 111 Declaration of an area for mosquito

On the recommendation of the Health Officer, a Mandala Panchayat may declare a local area for mosquito control.

Section 112 Prohibition of mosquito breeding in collection of water

If a declaration under Section 111, has been made, no person shall, after such declaration.-

(a) have, keep, or maintain with such area any collection of standing or flowing water in which mosquitoes breed or are likely to breed or.

(b) cause, permit, or suffer any water within such area to form a collection in which mosquitoes breed or are likely to breed, unless such collection has been so,treated as effectively to prevent such breeding.

Explanation I:- Troughs used for cattle and in frequent use, shall not, until the contrary is proved be deemed to be collections of water in which mosquitoes breed or are likely to breed.

Explanation II:- The natural presence of mosquito living in any standing or flowing water shall be evidence that mosquitoes are breeding in such water.

Section 113 Treatment of mosquito breeding places

(1) The Mandala Panchayat may by notice in writing require the owner or the occupier of any place containing any collection of standing or flowing water in which mosquitoes breed or are likely to breed within such time as may be specified in the notice, to take such measures with respect to the same, or to treat the same by such physical, chemical or biological method as the Mandala Panchayat on recommendation of the Health Officer may consider suitable in the circumstances.

(2) If a notice under sub-section (1) is served on the occupier, he shall in the absence of a contract, express or implied to the contrary be entitled to recover from the owner the recoverable expenses incurred by him in taking the measures or adopting the method of treatment specified in the notice and may deduct the amount of such expenses from the rent which is then or which may thereafter be due from him to the owner.

Section 114 Health Officer's power in case of default

If the person on whom a notice is served under Section 113 fails or refused to take the measures or adopt the method of treatment specified in such notice within the time specified therein, the Mandala Panchayat may itself take such measures or adopt such treatment and recover the cost of doing so from the owner or occupier of the property, as the case may be in the same manner as an amount claimed on account o any tax recoverable under Chapter X.

Section 115 Protection of anti-mosquito works

Where with the object of preventing the breeding of mosquitoes in any land or building, the Government or the Mandala Panchayat or the owner or occupier at the instance of the Government or the Mandala Panchayat has constructed any works in such land or building the owner for the time being as well as the occupier for the time being of land or building shall prevent its being used in any manner which causes or is likely to impair, their efficiency.

Section 116 Prohibition of interference with such works

(1) No person shall, without the consent of the Mandala Panchayat interfere with, injure, destroy, or render useless, any work executed or any material or thing placed in, under, or upon any land or building by or under the order of the Mandala Panchayat with the object of preventing the breeding of mosquitoes therein.

(2) If the provisions of sub-section (1) are contravened by any person the Mandala Panchayat may re-execute the work or replace the material or thing as the case may be and the cost of doing so shall be recovered from such person in the same manner as an amount claimed on account of any tax recoverable under Chapter X.

Section 117 Power of Health staff enter and inspect premises

For the purposes of enforcing the provisions contained in Sections 111 to 116 (both inclusive) the Executive Officer, the Health Officer or any other Officer of the Mandala Panchayat not below the rank of Health Inspector may at all reasonable times after giving such notice in writing as may appear to him reasonable enter and inspect any land or building and the occupier or the owner, as the case may be of such land or building shall give all facilities necessary for such entry and inspection and supply all such information as may be required of him for the purpose aforesaid.

Section 118 Penalty for breach of Section 113

Whoever having been served with a notice under Section 113 requiring him to take action thereunder against the breeding of mosquitoes, fails to comply with such notice shall be punished with fine which may extend to fifty rupees and if the breach is a continuing one, with further fine which may extend to five rupees for every day after the first during which the breach is proved to have been persisted in.

Section 119 Penalty for breach of Section 115

Whoever being the owner or occupier of any land or building uses or fails to prevent the use of such land or building in contravention of Section 115 shall be punished with fine which may extend to one hundred rupees.

Section 120 Penalty for breach of Section 116

Whoever in contravention of the provisions of Section 116 interferes with, injures, destroys or renders useless anything done by or under the orders of the Mandala Panchayat to prevent the breeding of mosquitoes shall be punished with fine which may extend to two hundred rupees.

Section 121 Public Markets

Subject to the provisions of this Act and the rules made under clause (xvi) of sub-section (2) of Section 200, a Mandala Panchayat may establish control and regulate public markets.

Section 122 Closing of public markers

A Mandala Panchayat may by public notice close at any time any public market or part thereof. Private Markets

Section 123 Licensing of private markets

(1) No private person shall establish or maintain a private market except under a licence granted by the Mandala Panchayat.

(2) The Mandala Panchayat may grant, a licence subject to such conditions as regards sanitation, drainage, water-supply width of paths and ways, weights and measures to be used and rents to be charged in such markets as may be prescribed under clause (xvii) of sub-section (2) of Section 200.

(3) While granting such licence, the Mandala Panchayat may charge a fee not exceeding such amount as may be prescribed.

Section 124 Term of such licences

A licence under Section 123, shall, unless it otherwise directs, remain in force for the financial year during which it has been granted but may at any time be suspended or cancelled for breach of any of its conditions.

Section 125 Procedure when Board delays grant of licence

If the Mandala Panchayat fails to grant a licence under Section 123 for a period exceeding three months from the date of the receipt of an application for such licence, the applicant may apply, to the Government who shall in the first instance direct the Mandala Panchayat to decide the application within one month from the date of such direction. If the Mandala Panchayat does not decide the application with that period, the Government may reject the application or grant a licence or direct the Mandala Panchayat to grant a licence.

Section 126 Penalties

Any person :

(a) establishing or maintaining a private market for which a licence has not been granted under Section 123.

(b) opening or keeping open a private market for which the licence has been suspended under Section 124 shall be punishable with fine which may be tend to one hundred rupees and if the breach is a continuing one, with further fine which the breach is proved to have been persisted in.

CHAPTER 8 Revenue and Expenditure

Section 127 Receipts

There shall be placed to the credit of the Mandala Panchayat fund Zilla Panchayat fund.

(a) the accumulated balances of the District Fund of the district at the commencement of this Act;

(b) the proceeds of cesses, taxes; tools and fees, authorised to be levied under this Act;

(c) all rents and profits accruing from the properties bought, constructed or maintained by the Mandala Panchayat or Zilla Panchayat or from properties otherwise vested in the Mandala Panchayat or Zilla Panchayat.

(d) all penalties paid to or levied by or on behalf of the Mandala Panchayat or Zilla Panchayat and all fines imposed by a Magistrate under this Act or the rules and bye-laws framed thereunder;

(e) the sale-proceeds of all property vested in the Mandala panchayat or Zilla Panchayat that may be sold under its orders;

(f) the proceeds of all public ferries established under the Hyderabad. Ferries Act, 1314 Fasli, within the jurisdiction of the Mandala Panchayat or Zilla Panchayat and all penalities and fines realised under that Act in respect of such ferries;

(g) all grants and assignments of revenue and contributions made by the Government, local authorities and private individuals;

(h) all sums received on account of fines and unclaimed sale proceeds under the provisions of the Hyderabad Cattle Trespass Act, 1337 Fasli:

(i) unclaimed deposits and other forfeitures: and

(j) all others sums received by or on behalf of the Mandala Panchayat or Zilla Panchayat under this Act or any other law for the time being in force.

Section 128 (Omitted)

Omitted

Section 129 Application of Fund

(1) The Mandala Panchayat or Zilla Panchayat shall set apart and apply annually out of the Mandala Panchayat fund or Zilla Panchayat fund as the case may be: Firstly such sum as may be required for the payment of any amounts falling due on any loan legally contracted by it; Second, Third and Fifth (Omitted) Fourthly the cost of the construction and maintenance of buildings for the offices of the Mandala Panchayat or Zilla Panchayat; and

(2) Subject to the charges specified in sub-section (1) and to such rules as may be prescribed, the District Fund shall be applicable to the following purposes, namely:-

(a) the payment of the charges and expenses incidental to the matters specified in Sections 80 and 81 and to all other purposes for which, by or under this Act or any other law for the time being in force, powers are conferred or duties imposed upon the Mandala Panchayat or Zilla Panchayat including grant of loans for promoting such purposes:

(b) grants of loans to employees;

(c) and (d) : Omitted:

Provided that no such payment shall be made from the Mandala Panchayat fund or Zilla Panchayat fund as the case may be to a salaried servant of the Government;

(e) grants and loans to Municipal and Town Committees, Market Committees constituted under the Hyderabad Agricultural Markets Act, 1339F Panchayats, public libraries and other charitable and public institutions established in the district for purposes of public benefit.

(f) grants of loans for the acquisition lay-out and construction of any public market or of any market constituted under the Hyderabad Agricultural Market Act, 1339 Fasli, within the area subject to the control of the Mandala Panchayat or Zilla Panchayat.

(g) contributions to any work or institution from which the area under the jurisdiction of the Mandala Panchayat or Zilla Panchayat benefits, although such work or institution is undertaken or maintained outside the jurisdiction of the Mandala Panchayat or Zilla Panchayat.

(h) contributions towards any public fund raised for the relief of human or animal suffering within or without the area under the authority of the Mandala Panchayat or Zilla Panchayat

(i) any public reception. ceremony or entertainment: Provided that no expenditure shall be incurred under this head save in pursuance of a resolution passed in a meeting and supported by more than onehalf of the whole number of members of the Mandala Panchayat or Zilla Panchayat

(j) compensation to any person sustaining any damage by reason of the exercise of any power vested in the Mandala Panchayat or Zilla Panchayat, its members, officers or servants, under this Act.

Section 130 SECTION

Omitted

Section 131 SECTION

Omitted

Section 133 SECTION

Omitted

Section 134 SECTION

Omitted

CHAPTER 9 Taxation

Section 135 Local Cess

(1) Notwithstanding anything contained in sub- section (2) of Section (1) the Government shall, subject to the provisions of sub-section (2) levy a local cess of twelve naye paise on every rupee of land revenue royalty and seignorage fee payable to Government:

Provided that in Ijara villages, local cess shall be levied on the Qaul amount during the period of the Ijara and on the annual land revenue royalty and seignorage fee demand after the expiry of that period.

Provided further that on any Inam land the local cess shall be levied on the full land revenue royalty and seignorage assessment of such land.

(2) Local Cess shall not be leviable on the following items of revenue: (a) fees for grazing; (b) sale proceeds of usufruct of trees; (c)penalties, fines or any charge imposed under the Land Revenue Act of 1317 Fasli as penalty or interest in case of default:

Provided that in case of fines and penal assessment imposed for unauthorised cultivation, local cess shall be levied on the simple assessment.

Section 136 Collection and credit of local cess

(1) Subject to the provisions of sub-section (2) the local cess leviable under Section 135 on lands shall be paid by the Government to the Zilla Panchyat administering the area in which the lands are situated; after deduction of such proportion for the remuneration of patels and patwaries as the Government may prescribe.

(2) The local cess leviable under Section 135 on lands which are included within the boundaries of any area notified as a Municipal Corporation under Section 3 of the Hyderabad Municipal Corporations Act, 1950 or as a City Municipality or a Town Municipality under Section 4 of the Hyderabad Municipal and Town Committees Act, 1951 or as a mining settlement shall be paid by the Government to the Municipal corporation or Municipal or Town Committee or a Mines Board of Health concerned after deducting the remuneration mentioned in sub-section (1)

(3) Any dispute in respect of any matter pertaining to this section shall be decided by the Government.

Provided that a sum equal to one fourth of the net receipts from the local cess levible under Section 135 on land situated in panchayat area shall be paid by the Government to the Mandala Panchayat having jurisdiction over the area.

Section 137 Suspension and remission of local cess

When for any reason the land revenue or any portion thereof is remitted or suspended the local cess shall ordinarily be remitted or suspended in the same proportion, but the Government may on the application of the Zilla Panchayat had or other local Authority to which the cess is payable, direct that the remission or suspension order shall not apply to the local cess.

Section 138 Special tax on property

With the previous sanction of the Government and subject to such rules as may be prescribed in this behalf, a Mandala Panchayat may impose a special tax on houses, buildings or lands within the whole or a part of the area subject to the jurisdiction of the Mandala Panchayat for providing amenities to the inhabitants of such area:

Provided that such tax shall not be imposed in respect of any land on which local cess is being collected.

Provided that such tax shall not be imposed in respect of any land on which local cess is being collected.

Section 139 Other taxes

(1) Subject to the provisions of this Chapter, and with the previous sanction of the Government, a Mandala Panchyat may impose in the whole or in any part of the area under its jurisdiction any of the following other taxes for the purposes of this Act, namely:

(a) subject to the provisions of Article 276 of the Constitution of India, a tax on persons exercising any profession, trade, calling or employment, within the limits of the area subject to the Mandala Panchayat;

(b) market tolls on vehicles and laden animals bringing goods for sale into a public market;

(c) market fees for the right to exhibit goods for sale in public market ;

(d) fees for the registration of animals sold in a public market;

Provided that the tolls and fees mentioned in clauses (b), (c) and (d) shall not be levied by a Mandala Panchayat unless the Government has by notification in the official Gazette invested, Mandala Panchayat with exclusive rights of collection of the said tolls and fees in respect of public market situated within its jurisdiction ;

(e) a general water tax, when public water taps or stand posts have been fixed for the use of the public ;

(f) a tax on public entertainments and amusements ;

(g) a tax on-(i) person travelling by railway or motor transport service to or from a place within the jurisdiction of the Mandala Panchayat to which pilgrims resort or (ii) pilgrims visiting a shrine, Urs or Jatra within the limits of the jurisdiction of a Mandala Panchayat or Zilla Panchayat ;

Provided that :- (i) such pilgrim tax shall be leviable at a flat rate for every person over 12 years of age ; and (ii) unless otherwise directed by Government, no portion of the proceeds of such tax shall be expended for purposes, other than making arrangement for the health and comfort of the pilgrims resorting to the improvement or development of such local area ;

Explanation :- For the purposes of sub clause (1) of clause (g) the points on the banks of the Godavary from which pilgrims cross to Bhadrachalam for the annual jatra shall be deemed to be places which pilgrims resort;

(h) a tax on vehicles when such vehicles are kept within the limits of the Board;

(i) a toll, at the toll bars established by the Mandala Panchayat on any bridges or road-way constructed from out of the Mandala Panchayat Fund, on

(i) every vehicle ;

(ii) every animal used for driving, draught or burden, passing on such bridge or road ;

Provided that the tool shall not be leviable on any such vehicle, animal more than once on any one date.

(2) the tolls and fees leviable under clauses (b) and (c) of sub- section (1) may also be leviable at fairs.

Section 140 Procedure in imposing taxes

(1) No tax shall be imposed under Section 138 or 139 unless the Mandala Panchayat or Zilla Panchayat shall, at a special meeting convened for the purpose, have passed a resolution proposing the imposition of such tax ;

Provided that in the case of the special tax leviable under Section 138 and of the pilgrim tax leviable under clause (g) of sub-section (1) of Section 139, no such resolution shall be valid unless passed by a majority of two-third of the whole number of members of the Mandala Panchayat or Zilla Panchayat.

(2) When such a resolution has been passed, the Mandala Panchayat or Zilla Panchayat shall publish in the manner prescribed, a notice defining the class of persons or description of property proposed to be taxed, the amount or rate of the tax to be imposed and the system of assessment to be adopted.

(3) Any inhabitant of the district objecting to the proposed tax may, within sixty days from the publication of the notice, submit his objection in writing to the Mandala Panchayat or Zilla Panchayat.

(4) The Mandala Panchayat or Zilla Panchayat shall take the proposals and all objections received thereto into consideration at a special meeting and may modify the proposals so as not to effect their substance, and may then forward them to the Government along with the objections received, its decisions thereon and its reasons therefor. If the Mandala Panchayat or Zilla Panchayat decides to modify the proposals so as to affect their substance, it shall publish them again in the manner prescribed in sub-section (2).

(5) The Government on receiving such proposals may sanction or refuse to sanction them or sanction them subject to such modifications as it may deem fit, or return them to the Mandala Panchayat or Zilla Panchayat for further consideration.

(6) No modification affecting the substance shall be made under sub-section (5) unless and until the modification has been accepted by the Mandala Panchayat or Zilla Panchayat at a special meeting.

(7) If any proposals for taxation have been sanctioned under sub- section (5), the Government may, by notification, direct the imposition of the tax as sanctioned from such date as may be specified in such notification and thereupon the tax shall come into effect as from the date so specified.

(8) A notification of the imposition of a tax under his section shall be conclusive evidence that the tax has been imposed in accordance with the provisions of this Act.

Section 141 Procedure for abolishing or varying taxes

(1) A Mandala Panchayat may, at a special meeting, pass a resolution to propose the abolition of any tax already imposed under Section 138 or Section 139 or a variation in the amount or rate thereof.

(2) Any such proposal shall be dealt with according to the procedure laid down in Section 140 for the imposition of new tax, and the notification, of the abolition or variation of a tax under this section shall be conclusive proof that such abolition or variation has been made in accordance with the provisions of this Act.

(3) Notwithstanding anything contained in Section 140 or in this section, the Government shall have the power to reject a proposal for the abolition of a tax or a reduction in the amount or rate thereof or to vary the amount of such reduction or to impose reduction in lieu of abolition, by referring the proposal back to the Mandala Praja parishad for further consideration or without such reference.

Section 142 Procedure for suspension of or exemption from taxes

A Mandala Panchayat with the previous sanction of the Government and by a resolution passed at a special meeting by a two-third majority, or the whole numbers, may suspend the operation of any tax imposed under Section 138 or 139 within any part of the area subject to its authority for any specified period or exempt in whole or in part from the payment of any such tax any person or class of persons or any property or description of property.

Section 143 Powers to charge fees for licences and for use of certain lands and buildings

(1) If any licence is granted by Mandala Panchayat under this Act, the Mandala Panchayat or some person generally or specially authorised by the Mandala Panchayat in this behalf may collect a fee for such licence.

(2) The Mandala Panchayat or a person generally or specially authorised by it in this behalf, may collect such fee as may be fixed by bye-laws under this Act for the use of any building or land belonging to or under the control of the Mandala Panchayat.

Section 144 Power to call for information

A Mandala panchayat or any office authorised by it in this behalf may, by notice, call upon any inhabitant of the area subject to its authority to furnish within a reasonable time such information as may be necessary in order to ascertain-

(a) Whether sub inhabitant is liable to pay tax imposed under this Act, and

(b) the amount at which he should be assessed.

Section 145 Assessment not invalid for defect of form

No assessment and no charge or demand of any cess, tax, toll or fee made under the authority of this Act, shall be invalid by reason only of any clerical error or other defect of from; and when any property is described for the purpose of assessing any such cess, tax, toll or fee, it shall suffice to describe it in such manner that it shall be generally known, and it shall not be necessary to name the owner or occupier.

Section 146 Bar of other proceedings

No objection shall be taken to any valuation, assessment or levy, nor shall the liability of any person to be assessed or taxed, be called into question in any other manner or by any other authority than is provided in this Act.

CHAPTER 10 Collection of Taxes

Section 147 Presentation of bill for amount of tax

(1) When any amount which,

(a) by or under any provision of this Act, is declared to be recoverable in the manner provided by this Chapter, or

(b) not being payable on demand on account of a toll, is claimable as an amount or instalment on account of any tax which is imposed in the district shall have become due.

(2) Contents of the bill:- Every such bill shall specify: (a) the period for which, and (b) the property, occupation or thing in respect of which, the sum is claimed, and shall also give notice of

(i) the liability incurred in default of payment, and (ii) the time within which an appeal may be preferred, as provided in Section 156 against such claim.

(3) It bill not paid within thirty days notice of demand to issue:- If the sum for which any bill has been presented as aforesaid is not paid into the office of the Mandala Panchayat or to person authorised by the Mandala Panchayat in that behalf to receive such payments, within thirty days from the presentation thereof the Mandala Panchayat may cause to be served upon the person liable for the payment of the said sum a notice of demand in the form of the Schedule A or to the like effect.

Section 148 In what cases warrant may be issued

If the person liable for the payment of the said sum does not, within thirty days from the service of such notice of demand either;

(a) pay the sum demanded in the notice, or (b) show cause to the satisfaction of the Mandala Panchayat or of such officer as the Mandal Panchayat may appoint in this behalf, why he should not pay the same, or

(c) prefer an appeal in accordance with the provisions of Section 156 against the demand, such sum with all costs of the recovery may be livied under a warrant caused to be issued by the Mandala Panchayat in the form of Schedule B or to the like effect by distress and sale of the movable property of the defaulter.

Section 149 Warrant by whom to be signed

Every Warrant issued under Section 148 shall be signed by the President of the Mandala Panchayat causing the same to be issued, or by an officer authorised by the Mandala Panchayat for this purpose or with the sanction of the Government by a Government Officer.

Section 150 To whom warrant should be addressed

When the property is in the Mandal, the warrant shall be addressed to an officer of the Mandala Panchayat or with the sanction of Government to a Government Officer. When the property is in another Mandal, the warrant shall be addressed to the President of the Mandala panchayat in such other Mandal;

Provided that such President may endorse warrant to a subordinate officer or with the sanction of the Government to Government Officer. When the property is in the city of Hyderabad, the warrant shall be addressed to the Court of Small causes, Hyderabad, provided that the said Court may endorse such warrant to a subordinate officer.

Section 151 Power of entry under special order

Any officer to whom a warrant is addressed by endorsement or otherwise, may if the warrant contains a special order authorising him in this behalf, but not otherwise break open at any time between sunrise and sunset any outer or inner door or window of a building in order to make the distress directed in the warrant, if he has reasonable grounds for believing that such building contains property which is liable to seizure under the warrant and if after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance provided that such officer shall not enter to break open the door of any apartment appropriated for women until he has given reasonable notice of his intention and has given such women an opportunity to remove themselves.

Section 152 Warrant how to be executed

Such officer may distrain wherever it may be found, any movable property of the person named in the warrant as a defaulter subject to the following conditions, exceptions and exemptions namely:

(a) the following property shall not be distrained:- (i) the necessary wearing apparel, cooking vessels, bedding of the defaulter, his wife and children, and such personal ornaments as in accordance with religious usage cannot be parted with by any women. (ii) the tools of artisans, and (iii) when the defaulter is an agriculturist, his implements of husbandry, seed grain, and such cattle as may be necessary to enable him to earn his livelihood.

(b) the distress shall not be excessive, that is to say, the property distrined shall be as nearly as possible equal in value to the amount recoverable under the warrant and if any articles have been distrained which, in the opinion of a person authorised by or under Section 149 to sign a warrant should not have been so distrained they shall forthwith be returned; and

(c) the officer shall on seizing the property fortwith make an inventory thereof, and shall before removing the same give to the person in possession thereof at the time of seizure a written notice in the form of Schedule C, that the said property will be sold as shall be specified in such notice:

Provided that if after the property is distrained and before it has been sold, the sum due by the defaulter together with all costs incidental to the notice, warrant and distress of the property is paid the officer shall remove the distress.

Section 153 Sale of goods distrained

(1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody together with the amount to be levied is likely to exceed its value the President or officer by whom the warrant was signed shall at once give notice to the person in whose possession the property was when seized to the effect that it will be sold at once; and shall sell it accordingly unless the amount named in the warrant be forthwith paid.

(2) Application of proceeds of sales:- If not sold at once under sub-section (1), the property seized or a sufficient portion thereof may, unless the warrant is suspended by the person who signed it, or the sum due by the defaulter together with all costs, incidental to the notice warrant, and distress and detention of the property is paid, be, on the expiry of the time specified in the notice served by the officer executing the warrant, sold by public auction under the orders of the Mandala Panchayat and the proceeds, or such part thereof as shall be requisite, shall be applied in discharge or the sum due and of all such incidental costs as aforesaid.

(3) Surplus, if any, how dealt with:- The Surplus, if any shall be forthwith credited to the Mandala Panchayat and fund notice of such credit being given at the same time to the person from whose possession the property wa taken. But if the same be claimed by written application to the Mandala panchayat within one year from the date of the notice a refund there of shall be made to such person. Any sum not claimed within one year from the date of such notice shall be the property of the Mandala Panchayat.

Section 154 Distraint and sale outside the Mandal

When the warrant is addressed outside the Mandal, the authority issuing the warrant may be endorsement direct the President to whom or the Court to which the warrant is addressed to sell the property distrained, and in such case it shall be lawful for such President or Court to sell the property and do all things incidental to the sale, and the foregoing provisions shall be modified accordingly. Such president or Court shall, after deducting all costs of recovery incurred, remit the amount recovered under the warrant to the authority by whom it was issued.

Section 155 Fees and costs chargeable

Fees for - (a) every notice issued under sub-section (3) of Section 147, (b) every distress made under Section 152 and (c) the costs of maintaining any live- stock seized under the said section shall be chargeable at the rates respectively prescribed in the rules made in this behalf and shall be included in the costs of recovery to be levied under Section 148.

Section 156 Appeal to Munsiff Magistrate

(1) An appeal against any notice of demand issued under sub-section (3) of Section 147 may be made to the Munsiff- Magistrate within whose jurisdiction the property, occupation or thing in respect of which the sum claimed falls. But no such appeal shall be heard and determined unless-

(a) the appeal is brought within 30 days next after service of the notice of demand complained of,

(b) an application in writing, standing the grounds on which the claim of the Mandala Panchayat is disputed has been made to the Mandala panchayat within thirty days next after the presentation of a bill under sub-section (1) of Section 147 and

(c) the amount claimed from the appellant has been deposited by him in the office of the Mandala Panchayat.

(2) No second appeal shall lie from the decision of the Munsiff Magistrate but his decision shall be subject to revision by the High Court.

Section 157 Liability on lands, building etc., or tax

All sums due on account of any tax imposed on lands or buildings or on both shall, subject to prior payment of land revenue if any, due thereupon, be a first charge upon the building or land in respect of which such tax is leviable, and upon the movable property, if any, found within or upon such building or land. and belonging to the person liable for such tax:

Provided that no arrears of any such tax shall be recovered from any occupier who is not the owner, if it has been due for more than one year or for a period during which such occupier was not in occupation.

Section 158 Power to seize animals, goods or vehicles on non-payment of toll

(1) In the case of the non-payment of demand of any toll leviable by a Mandala Panchayat the person appointed to collect such toll may seize may vehicle or animal on which the toll is chargeable or any pats of its burden which is of sufficient value to satisfy the demand, and may detain the same. He shall thereupon give then person in possession of then property seized a list of the property together with a written notice in the form of Schedule C that the said property will be sold as shall be specified in such notice.

(2) Power to sell property seized at once:- When any article seized is subject to speedy and natural decay, or when the expense of keeping it together with the amount of the toll chargeable is likely to exceed its value, the person seizing such article may inform the person in whose possession it was that it will be sold at once, and shall sell it or cause to be sold accordingly unless the amount of all demanded be forthwith paid.

(3) Release of property on payment :- If at any time before the sale is completed the person whose property has been so seized tenders the amount of all expenses incurred, and of toll payable, the property seized shall forthwith be released.

(4) Sale:- If no such tender is made, the property may be sold, and the proceeds of such sale shall be applied in payment of such toll and of the expenses incidental to the seizure, detention and sale.

(5) Surplus how dealt with:- The surplus, if any, of the sale proceeds shall be credited to the Mandala Panchayat fund and may, on application made to the Board in writing within three years next after the sale, be paid to the person in whose possession the property was when seized and if no such application is made shall be the property of the Mandala Panchayat.

Section 159 Farming of tolls

(1) The Mandala Panchayat may lease the levy of any toll that may be imposed under this Act by public auction or private contract.

Provided that the lessee shall give security for the due fulfilment of the conditions of the lease.

(2) Person employed by the lessee of toll to have power to seizure :- When any toll has been leased under this section, any person employed by the lessee to collect such toll shall, subject to the conditions of the lease, have the powers referred to in sub-sections (1) and (2) of Section 158:

Provided that no article seized may be sold except under the order of the Mandala panchayat.

(3) Any sum due from a lessee to a Mandala Panchayat in respect of any toll leased under this section may be recovered as an arrear of land revenue.

Section 160 Receipts to be given for all payments

For all sums paid on account of any tax under this Act, a receipt stating the amount and the tax on account of which it has been paid shall be tendered by the person receiving the same.

Section 161 Recovery of arrears of taxes and other dues

Notwithstanding any other mode of recovery provided by this Act, any arrear of any tax or any other money due to the Mandala panchayat or Zilla Panchayat under this Act, any amount due to the Mandala Panchayat or Zilla Panchayat under a contract, agreement, lease, auction, security or indemnity bond or otherwise and fine imposed under this Act or the rules or bye- laws made thereunder together with any sum on account of process fees which may be fixed by rules made under this Act and with interest at a rate not exceeding six and a quarter per centum per annum, shall also be recoverable on the application of the Mandala panchayat or Zilla Panchayat as if it were arrears of land revenue.

Provided that no interest shall be so recovered in any case in which the competent Revenue Officer,for reasons to be recorded in writing, considers it in expedient that interest should be charged.

Section 162 Limitation for recovery proceeding

No distraint shall be made for the recovery of any sums due to a Mandala Panchayat under Sections 138 and 139 of this Act, after the expiry of six years from the date on which such sums became due. The Mandala panchayat or Zilla Panchayat may within three years after the expiry of the said period of six years institute a suit for the recovery of such sums.

Section 163 Refunds

No refund of any tax shall be claimed by any person otherwise than in accordance with the provisions of this Act or the rules made thereunder.

CHAPTER 11 CHAPTER

Section 178 Power of Government to enforce order passed by Government or other authorities

In all matters connected with this Act, or any other law for the time being in force, if a Mandala Panchayat or Zilla Panchayat makes default in carrying out any order made by the Government or by any authority other than the Mandala Panchayat or Zilla panchayat in the exercise of any of the powers conferred by this Act of any rule made thereunder, or by any other law for the time being in force, the Government shall have all the powers necessary for the enforcement of such order at the cost of the Mandala Panchayat or Zilla Panchayat.

CHAPTER 12 CONTROL

Section 179 Disputes between Mandala Panchayat and Zilla Panchayat and other Local Bodies

(1) In the event of any dispute arising between a Mandala Panchayat or Zilla Panchayat and any other local bodies on any matter in which they are jointly interested., such dispute shall be referred to Government whose decision shall be final. (2) The Government may by an order or rules made under this Act regulate the relations between the Mandala Panchayat or Zilla panchayat and other local bodies as aforesaid in matters in which they are jointly interested.

Section 180 (Omitted)

(Omitted)

Section 181 Delegation of powers by Government

The Government may by notification delegate any of its powers under this Act, except the power to make rules, to any authority which it may deem fit.

Section 182 Control of Revenue Officers

In all matters connected with this Act or the rules made thereunder unless it is otherwise provided therein the Government shall have and exercise over the District Collectors and the Deputy Collectors and the District Collectors and Deputy Collectors shall have and exercise over the officers subordinate to them, the same authority and control as they respectively have and exercise over them in the general and revenue administration.

CHAPTER 13 Notices, Appeals and Procedure relating to Offiences

Section 183 Service of notices, etc. addressed to individuals

The service of every notice and bill under this Act on any person or any person to whom it is by name addressed, shall, in all cases not otherwise specially provided for, in this Act, be effected by a Mandala Panchayat or Zilla Panchayat or an officer or servant or other person authorised by the Mandala Panchayat or Zilla Panchayat in this behalf or, on such terms as may by agreed upon, by any officer or, servant of the Government in the following manner.

(a) Wherever it is practicable service shall be made by delivering or tendering the notice or bill personally to the person to whom it is addressed, unless he has an agent empowered to accept service; in which case service on such agent shall be sufficient.

(b) where such person cannot be found and has no agent empowered to accept service on his behalf, service may be made on any adult make member of his family who is residing with him.

Explanation:- A servant is not a member of the family within the meaning of this clause.

(c) Where the serving officer delivers or tenders the notice or bill to such person personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom it is so delivered or tendered to an acknowledgment of service.

(d) Where such person or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find such person and there is no agent empowered to accept service on his behalf, nor any other person on whom service can be made, the serving officer shall affix the notice or bill on the outer door or some other conspicuous part of the house in which he ordinarily resides or carries on business or personally works for gain and shall then return the original to the authority who issued the notice or bill with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.

(e) The serving officer shall, in all cases in which service has been made under clause (c), endorse or annex, on or to the original notice or bill, a return stating the time when and the manner in which it was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender.

(f) Where the authority issuing the notice or bill is satisfied that there is reason to believe that the person to whom it is addressed is keeping out the way for the purpose of avoiding service, or that for any other reason the notice or bill cannot be served in the ordinary way, such authority shall order it to be served by affixing a copy thereof in some conspicuous place in the office and also upon some conspicuous part of the house (if any) in which such person is known to have last resided or carried on business or personally worked for gain, or in such other manner as he thinks fit. Service substituted by order of such authority shall be as effectual as if it had been made on such person personally shall be as effectual as if it had been made on such person personally. Where service is substituted by order of the authority, the authority shall fix such time for the appearance of the person as the case may require.

(g) Where the person to whom the notice or bill is addressed resides out of the district and has no agent in the district empowered to accept service, the notice or bill shall be addressed to him at the place where he is residing and sent to him by post, if there is postal communication between such place and the place from which the notice or bill is sent.

Section 184 Service of notices on owners or occupiers of buildings and land

When any notice under this Act is required or permitted by or under this Act to be served upon an owner or occupier of any building or land, the service thereof, in cases not otherwise specially provided for in this Act, shall be effected:

(a) by giving or tendering the notice to the owner or occupier, or, if there be more owners or occupiers than one, to any one of them;

(b) If no such owner or occupier be found then by giving or tendering the notice to some adult male members of the family of any such owner or occupier as aforesaid;

(c) If none of the means aforesaid be available then by causing the notice to be fixed on some conspicuous part of the building or land for which the same relates.

Section 185 Publication of public and general notices

Every notice which this Act requires or empowers a Mandala Panchayat or Zilla Panchayat to give or to serve, either as a public notice, or generally for by provisions which do not expressly require notice to be given to individuals therein specified, shall be deemed to have been sufficiently given or served if it has been published by proclamation made by beat of drum in the locality ad a copy thereof has been posted to a notice board at the office of the Mandala Panchayat or Zilla panchayat or in such other public buildings or places as the Mandala panchayat or Zilla Panchayat may decide, or has been published in any newspaper having a circulation in the area under the jurisdiction of the Mandala Panchayat or Zilla Panchayat.

Section 186 Defective form of notice, fixation of reasonable time and consequence of non-compliance

(1) No notice or bill shall be invalid merely on account of any defect in the form.

(2) When any notice requires any act to be done for which no time is fixed by this Act, the notice shall fix a reasonable time for doing the same.

(3) In the even of non-compliance with the terms of the notice the Mandala Panchayat or Zilla Panchayat may take such action or such steps as may be necessary for the doing of the act thereby required to be done, and all the expenses thereby incurred by the Mandala Panchayat or Zilla Panchayat shall be paid by the person or persons upon whom a notice was served and shall be recoverable in the manner provided in Section 188.

Section 187 Punishment for disobedience to orders and notices not punishable under any other section

Whoever disobeys or fails to comply with any lawful direction given by any written notice issued by or on behalf of a Mandala Panchayat or Zilla Panchayat under any power conferred by this Act, or fails to comply with the conditions subject to which any permission was given to him by the Mandala Panchayat or Zilla panchayat shall, on conviction before a Magistrate, if the disobedience of failure is not an offence punishable under any other section be liable to a fine not exceeding fifty rupees and to a further fine not exceeding fifty rupees and to a further fine not exceeding five rupees for every day during which the said disobedience or failure continue after conviction.

Provided that when the notice fixes a time within which a certain ct is to be done, and no time is specified in this Act, it shall rest within the Magistrate to determine whether the time so fixed was reasonable time within the meaning of this Act.

Section 188 Mandala Panchayat or Zilla Panchayat in default of owner or occupier may execute work and recover expenses

(1) Whenever under the provisions of this Act any work is required to be executed by the owner or occupier any building or land, default is made in the execution of such works, the Mandala Panchayator is not provided for such default, cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X.

(2) Power to levy charges on occupier, who may deduct the same from his rent:- If the defaulter be the owner of the building or land, the Mandala Panchayat or Zilla Panchayat may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (1), the payment of all or any part of the expenses payable by the owner for the time being from the person who then, or at any time thereafter, occupies the building or land under such owner; and in default of payment thereof by such occupier on demand, the same may be levied on such occupier; and every amount so leviable shall be recoverable in the same manner as an amount of claimed on account of any tax recoverable under Chapter X.

(3) Occupiers are not liable for more than the amount of rent due:- Unless an occupier of any building or land neglects or refuses upon requisition made to him for that purpose by the Mandala Panchayat or Zilla Panchayat truly to disclose the amount of his rent and the named and address of the person to whom such rent is payable, such occupier shall not be liable to pay in respect of any expenses charged by this Act on the owner thereof more money than :

(a) the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or

(b) the amount which, at any time after such demand and notice not to say the same to his landlord, has accrued and become and notice not to say the same to his landlord, has accrued and become payable by such occupier :

Provided that the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such occupier:

Provided further that nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of the expense of any such works aforesaid.

Section 189 Expenses or costs how determined and recovered

If a dispute arises with respect to any expenses or costs which are by this Act directed to be paid, the amount, and if necessary the apportionment of the same, shall save where it is otherwise expressly provided in this Act be ascertained and determined by the Mandala Panchayat or Zilla Panchayat and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X. Appeals

Section 190 Bar of appeal

No appeal shall lie against any order made under this Act except as provided for in this Act.

Section 191 Appeals to Collector against certain orders

An appeal shall lie to the Collector from :

(a) Omitted.

(b) an order of assessment of any tax under Chapter X other than local cess, passed after giving the assessees an opportunity to submit their objections and after hearing the objections, if any, made by them ;

(c) an order of refusal to refund any tax mentioned in clause ( b);

(d) an order suspending or cancelling the licence of a private market under Section 124;

(e) an order with regard to sources of water under Sections 84,85,86 and 88.

(f) an order under Section 102 requiring permission to erect or re-erect any building or to construct, establish or install any factory, machinery or manufacturing plant or requiring any building, alteration, addition, construction, establishment or installation to be altered, demolished or removed, as the case may be;

(g) an order of surcharge under para (e) of clause (xx)of sub- section (2) of Section 200.

Section 192 Limitation for appeal

All appeal under Section 191 shall not be admitted unless it is preferred within 60 days from the date of the order appealed from:

Provided that an appeal may be admitted after the said period if the appellant satisfies the District Collector that he had sufficient cause for not preferring the appeal within that period.

Section 193 Form of appeal and stay of proceedings and of execution

(1) Every appeal under section 191 shall be preferred in the form of a memorandum signed by the applicant or his pleader and presented to the District Collector or to such officer as the District Collector may appoint in this behalf. The memorandum shall be accompanied by a copy of the order appealed from.

(2) The memorandum shall setforth, concisely and under distinct heads, the grounds of objection to the order appealed from without any argument or narrative; and such grounds shall be numbered consecutively.

(3) An appeal shall not operate as a stay of proceedings under an order appealed from except so far as the District Collector may order, nor shall execution of an order be stayed by reason only of an appeal having been preferred from the order; but the District Collector may for sufficient cause order stay of execution of such order.

(4) No order for stay of execution shall be made under sub- section (3) unless the District Collector is satisfied.

(a) that substantial loss may result to the party applying for stay of execution unless the order is made;

(b) that the application has been made without unreasonable delay; and

(c) that security has been given by the applicant for the due performance of such order as may ultimately be binding upon him.

(5) Notwithstanding anything contained in sub-section (4); the District Collector may make an exparte order for stay of execution pending the hearing of the application.

Section 194 Decision of Collector in appeal

(1) The District Collector, after hearing the parties or their pleaders and referring to any part of the proceedings to which reference may be considered necessary, shall record his decision. Such decision may be for confirming, varying or reversing the order from which the appeal is preferred. The District Collector may, if he thinks fit by order remand the case. He shall have power to make any order which ought to have been made and make such further order as the case may require. The decision of the District Collector on appeal shall be final and no second appeal shall lie therefrom.

(2) In every appeal the District Collector may award costs in his discretion. Costs awarded to a Mandala Panchayat or Zilla Panchayat shall be recoverable by the Mandala Panchayat or Zilla Panchayat as though they were arrears of land revenue due from the appellant. If the Mandala panchayat or Zilla Panchayat fails to pay any costs awarded to an applicant within thirty days after the date of the order for the payment thereof, the District Collector may order the persons having the custody of the balance of the Mandala Panchayat fund or Zilla Praja Parishad fund to pay the amount.

Section 195 Powers of revision

The Government may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by or as to the regularity of the proceedings of, any Mandala Panchayat or Zilla Panchayat or officer subordinate to the Government or Mandala Panchayat or Zilla Panchayat acting in the exercise of any power or authority conferred by or under this Act, call for and examine the record of any case pending before or disposed of by such officer and may pass such order with reference thereto as it thinks fit:

Provided that no order shall be reserved unless notice has been given to the parties interested to appear and be heard in support of such order. Procedure relating to offences

Section 196 Cognizance of offences

(1) Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act or any rule or bye-law made thereunder, except on the complaint of, upon information received from the Mandala Panchayat or Zilla Panchayat or any person authorised by the Mandala panchayat or Zilla Panchayat in this behalf.

(2) The Mandala Panchayat or Zilla panchayat may authorise any person to make complaints or give information without previous reference to the Mandala Panchayat or Zilla panchayat either generally in regard to all offences against this Act and any rules or bye laws made thereunder or particularly in regard to specified offences or offences of a specified class. Such person may be authorised by virtue of his office, if he is the Chairman, President, Vice-President; Executive Officer, Local Engineer, Civil Surgeon or Health Officer of the district or the officer-in- charge of a Police Station; in other cases the authority shall be by name. The authority shall in all cases be in writing and may, at any time, be cancelled by the Mandala Panchayat or Zilla Panchayat.

Section 197 Mandala Panchayat or Zilla Panchayat may prosecute

(1) The Mandala Panchayat or Zilla Panchayat may direct any prosecution for any public nuisance whatever, and may order proceedings to be taken for the recovery of any penalties and for the punishment of any persons offending against the provisions of this Act, or of any rule or bye-law thereunder and may order expenses of such prosecution or other proceedings to be paid out of the Mandala Panchayat fund or Zilla Panchayat fund.

Provided that no prosecution for an offence under this Act or any rule or bye-law there under shall be instituted except within three months next after the commission of such offence.

(2) Any prosecution under this Act or under any rule or bye-law thereunder may save as otherwise provided be instituted before any Magistrate, and every fine or penalty imposed or by virtue of this Act or any rule or bye-laws thereunder, and also all claims to compensation or other expenses for the recovery of which no special provision is otherwise made in this Act, may be recovered on application to such Magistrate; by the distress and sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimed.

Section 198 Power to compound offence

(1) The Mandala Panchayat or Zilla Panchayat or, with authorisation of the Mandala Panchayat or Zilla Panchayat its President, Chairman, Executive Officer may compound any offence against this Act or any rule or bye-law made thereunder which under the law for the time being in force may legally be compounded.

(2) On payment of the amount by way of composition no further proceedings shall be taken or continued against the defaulter in regard to the offence or so compounded.

(3) Authroisation under sub-section (1) to accept composition for alleged offences may be given by the Mandala Panchayat or Zilla panchayat either generally in regard to all offences under this Act and the rules and bye-laws made thereunder or particularly in regard only to specified offences or offences of a specified class, and may at any time, be withdrawn by the Mandala Panchayat or Zilla panchayat.

CHAPTER 14 Rules and Bye-laws

Section 199 General provisions regarding rules

(1) All rules for which provision is made in this Act shall be made by the Government.

(2) Such rules may be general for all Mandala Panchayat or Zilla Panchayat or may be special for the whole or any part of the area subject to the jurisdiction of any one or more Mandala Panchayat or Zilla Panchayat as the Government may direct.

(3) All rules shall be subject to previous publication and shall be laid before the Legislative Assembly.

(4) In making such rules the Government may direct that a breach thereof shall be punishable with fine which may extend to fifty rupees, and where the breach is a continuing one with further fine, which may extend to five rupees for every day after the first during which the breach is proved to have been persisted in.

Section 200 Matters as to which rules may be made

(1) In addition to any power specially conferred by this Act, the Government may make rules generally for the purpose of carrying into effect all or any provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules with regard to:

(i) to (vii) (Omitted).

(viii) the independent authority with the Mandala panchayat or Zilla Panchayat may exercise in respect of public institutions, maintained out of its fund, with reference to Section 68;

(ix) the transfer of immovable property under Section 70;

(x) the powers of the Mandala panchayat or Zilla panchayat to compromise any suit instituted by or against the Board or any claim or demand with reference to Section 79.

(xi) the duties and discretionary power of a Mandala panchayat or Zilla panchayat with reference to Sections 80 and 81.

(xii) the conditions for issue of licence under Section 91:

(xiii) the provisions subject to which a place may be used for the purposes mentioned in Section 97 and the fees for licence granted under that section:

(xiv) the provisions subject to which any building may b erected or re-erected or a factory, workshop or work-place may be established or installed under Section 102;

(xv) the regulation of the lay-out, improvement and development of rural areas and the manner in which a regional or village plan or a local lay-out shall be sanctioned by Government under Section 103, and in particular regarding:

(a) the authorities by whom a regional or village plan or local layout shall be may and executed.

(b) the localities in the area concerned which shall be notified as reserved for residential, factory or other purposes;

(c) the prohibitions, restrictions, limitations and conditions entailed by a notification under sub-section (1) of that section on existing houses, factories, trades, business and other things;

(d) the sanitary principles and building regulations to be observed in drawing up plans lay-outs;

(e) the regulation of the erection of buildings along main and bypass roads used for through traffic or adjoining the area concerned;

(f) restriction on building in the interests of the safety of aircraft using any aerodrome in or adjacent to the area concerned;

(g) the streets or roads and the improvements thereto provided in a plan or lay-out which shall be made or carried out at the expenses of the Mandala Panchayat or Zilla panchayat the owners of the property of both;

(h) the levy of betterment contributions by the Mandala panchayat or Zilla Panchayat or other authority carrying out any regional or village plan or local lay-out from the owner of any property the value of which has increased or is likely to increase by reason of the making of such plan or lay out;

(i) the manner in which the expenses attendant upon the making or execution of a regional or village plan or local lay-out and the profits according therefrom shall be apportioned between the Boards concerned or between them and the Government:

(j) the regulation of the manner in and the extent to which all documents and plans prepared in this behalf shall be made accessible to the public;

(xvi) the regulation of public and private markets under Sections 121 and 123 and the collection of charitable funds and subscription in the said markets;

(xvii) the conditions for issuing licences under Section 123 and the fees which may be charge therefor under that section;

(xviii) the meeting of expenditure from the Mandala panchayat fund or Zilla Panchayat Fund with reference to sub-section (2) of Section 179;

(xix) and (xx) (Omitted). (xxi) the carrying out of the purposed provided for in Sections 135 and 136.

(xxii) the imposition and assessment of special tax under Section 138, the imposition and assessment and maximum amount or rates of taxes under Section 139 and for preventing evasion of assessment and payment, for the payment of lumpsums in composition, and for fixing the fees for -

(a) every notice of demand issued under sub-section (3) of Section 147; (b) every distress made under Section 152; (c) the costs of maintaining any livestock seized under the said section.

(xxiii) the refund of taxes under Section 163 and the limitation for such refunds.

(xxiv) (Omitted).

(xxv) the regulation of relations between Mandala panchayat or Zilla panchayat and other local authorities, with reference to sub-section (2) of section 179:

(xxvi) (Omitted).

(xxvii) the procedure to be followed in the composition of offences under Section 198.

(xxvii) the procedure to be followed in the composition of offences under Section 198

(xxxviii) and (xxix) (Omitted).

(xxx) the manner of publication of bye-laws made by a Mandala Panchayat or Zilla panchayat under Section 201.

(xxxi) the translation in local language of this Act, and all rules and bye-laws made thereunder and their inspection by any inhabitant;

(xxxii) the powers which may be exercised by persons authorised under clause (b) of Section 209; and

(xxxiii) any other matter which has to be, or may be, prescribed.

Section 201 Bye-laws

(1)All bye-laws for which provision is made under this Act shall be made by the Mandala Panchayat or Zilla panchayat at a special meeting and shall be consistent with this Act and with the rules made thereunder.

(2) A bye-law may be general for the whole area under the jurisdiction of the Mandala panchayat or Zilla panchayat or special for any part of such area, as the Mandala Panchayat or Zilla Panchayat may direct.

(3) Unless specially excepted in this Act from the operation of this sub-section, no bye-law shall take effect until it has been confirmed by the Government.

(4) Unless specially excepted in this Act from the operation of this sub-section, no bye-law shall take effect until it has been published in the manner prescribed by rules under this Act.

(5) In making may bye-law the Mandala Panchayat or Zilla panchayat may direct that a breach thereof shall be punishable with fine which may extend to fifty rupees, and when the breach is a continuing one, with further fine which may extend to five rupees for every day after the first during which the breach is proved to have been persisted in.

Section 202 Matters as to which by-law may be made

In addition to any power of making bye-laws specially conferred by this Act, a Mandala Panchayat or Zilla Panchayat may make bye-laws.

(a) for defining limits and regulating the use and management of, and for maintaining sanitary condition in any public market, fair, agricultural or industrial show or exhibition;

(b) for the management, maintenance and control of all matters administered by the Mandala Panchayat or Zilla panchayat under Sections 80 and 81.

(c) for regulating the use of public roads and the traffic thereon and for securing cleanliness, security and order in respect of the same;

(d) for protecting from injury or interference anything within the limit of the Mandala Panchayat or Zilla Panchayat jurisdiction or in the charge of the Mandala panchayat being the property of the Government or of the mandala panchayat or Zilla Panchayat.

(e) for licensing brokers, commission agents, weighmen or measures practising their calling in any public market or fair, and fixing the fees leviable on them and the conditions on which the licences are to be granted and may be revoked;

(f) for the appointment of persons to register sales of animals in any public market or fair;

(g) for the appointment of a committee for any public market fair, agricultural or industrial show or exhibition, and for the delegation to such committee of all or any of the powers of the Mandala Panchayat or Zilla Panchayat for the control and supervision of such market, fair show or exhibition; and

(h) generally for carrying out the purposes of this Act.

CHAPTER 15 Miscellaneous

Section 203 Power of Government to transfer powers and functions of Panchayats to Mandala panchayat or Zilla panchayat and vice versa

Notwithstanding anything contained in this Act or in the Hyderabad Village Panchayat Act, 1951 (hereinafter referred to in this section as that Act), the Government may in consultation with the Mandala Panchayat or Zilla Panchayat or Panchayat, as the case may be, by notification and subject to such restrictions and conditions and to such control and revision as may be specified therein direct-

(i) that power of function vested in a Panchayat or class Panchayat generally by or under that Act, shall be transferred to and be exercised or performed by a Mandala Panchayat or Zilla panchayat within the area under its jurisdiction, or

(ii) that any power or function vested in a Mandala Panchayat or Zilla panchayat or Mandala panchayat or Zilla panchayat generally by or under this Act shall be transferred to and be exercised or performed by any Panchayat or class of Panchayats within the area under its or their respective jurisdiction.

(iii) that any power or function vested in a Mandala Panchayat or Zilla Panchayat under this Act as well as in a Panchayat or class of Panchayats generally under that Act, shall be exercised or performed exclusively either by the Mandala Panchayat or Zilla panchayat or by the Panchayat or class of panchayats generally within the area under its or their respective jurisdiction.

Section 204 Mode of proof of records

A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a Mandala Panchayat or Zilla Panchayat shall, if duly certified by the legal keeper thereof, or other person authorised by any bye-law in this behalf, received as prlma facie evidence of the existence of the entry of documents, and shall be admitted as evidence of the matters and transactions therein recorded in every case, where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.

Section 205 Restrictions on summoning servants of the Mandala panchayat or Zilla Panchayat to produce documents

No officer or servant of the Mandal panchayat or Zilla Panchayat shall in any legal proceeding to which a Mandala panchayat or Zilla panchayat is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.

Section 206 Power of Mandala panchayat or Zilla panchayat to call for evidence

the Mandala Panchayat or Zilla Panchayat shall have the powers of a Civil Court for the purposes of enforcing the attendance of witnesses and compelling the production of document and every person required by the Mandala Panchayat or Zilla Panchayat to furnish any information before it, shall be legally bound to do so within the meaning of Section 176 of the Indian Penal Code, 1860 (XLV of 1860).

Section 207 Powers and duties of Police in respect of offences and assistance to authorities

Every policy officer employed within the jurisdiction of the Mandala Panchayat or Zilla panchayat shall give immediate information to the Mandala panchayat or Zilla Panchayat of any offence committed against this Act, or the rules or bye-laws there under and shall be bound to assist all members, officers and servants of the Mandala panchayat or Zilla panchayat in the exercise of their lawful authority.

Section 208 Power of Board to delegate its powers

(1) The Mandala panchayat or Zilla panchayat may delegate all or any of its powers under this Act, or the rules and bye-laws made thereunder except the power to make bye-laws, to the President or Chairman the Executive Officer or any other officer or servant of the Mandala Panchayat or Zilla Panchayat or, with the approval of Government to any other officer.

(2) The Mandala panchayat or Zilla panchayat shall have the power. at any time, to rescind modify or withdraw the powers so delegated.

Section 209 Effect of this Act upon the Hyderabad Cattle Trespass Act V of 1337 Fasli

Notwithstanding anything contained in the Hyderabad Cattle Tress pass Act, 1337 Fasli-

(a) the powers of the High Court and the Court of Session under sub-section (3) of Section 26 of the said Act, shall be exercisable only in respect of cases under Chapters IV and V of the said Act and in respect of all other cases under the said Act the said powers shall be vested in the Board;

(b) in respect of power under the control or management of a Board, the High Court shall have no powers under sub-section (4) of Section 26 of the said Act, and Government may authorise any person or persons to exercise such of those powers as may be prescribed and may, at any time withdraw such powers;

(c) the powers of the High Court under Section 27 of the said Act shall not be exercisable by that Court and the said powers shall be exercisable by the Government.

Section 210 Repeal and savings

The Hyderabad District Boards Act, 1352 Fasli, is hereby repealed.

Act Type: Andhra Pradesh State Acts