The Andhra Pradesh
(Gram Panchayats Act, 1964
(Act No. 2 ,of 1964)
(Gram Panchayats Act, 1964
(Act No. 2 ,of 1964)
[PsiCE: -Rs. 1-85 Np.
TABLE OF CONTENTS
OF
'THE ANDHRA PRADESH’ GRAM PANCHAYATS ACT, 1964 (ACT 2 OF 1964).
OF
'THE ANDHRA PRADESH’ GRAM PANCHAYATS ACT, 1964 (ACT 2 OF 1964).
Chapter I
PRELIMINARY.
PRELIMINARY.
-
1. Short title, extent and oommencement 1
2. Definitions Chapter II,3. Declaration of a village for the purposes of this Act 4.Constitution of gram panchayats for villages and their in corporation 5. Township 6. Gram Sabha 7. Total strength of a gram panchayat 8. Hected members 9. Reservation of seats for women and members of Scheduled Cast fiehethiled-Ti^bes 10. Division into constituencies 11. Term of office members 12. Election of Sarpanch and Upa-Sarpanch 189. Vacancies to be filled by election or nomination in certan cases Preperation and publication of electoral grampanchayat. 5-7. 7 7-9 9 9-10 10 10-11 11-12 12-18 18-14 14 15. re-arangements and re-publication of electoral rolls in certain cases 16. Qualification of candidates 17. Disqualifications of officers and servants of State or Central Government or of local authorities 18. Disqualification of persons convicted of electioii ofFenceis 19. Disqualifications of candidates 20. Disqiialifications of members 21. Restoration of members to cffice 22. Authority to decide questions of disqualifications of members 23. Resignation of member, S^panch or Upa-Sarpanch 24. Cessation of office of Sarpanch and Upa-sarpanch 25. Powers and functions of the Sarpanah 26. Devolution and delegation of Sarpanch’s powers and functions and filling of vacancies in the office of Sarpanch 27. Removal of temporary Sarpanch 28. Rights of individual members 29. No Sarpanch, Upa-sarpanch or member to receive reniUhera tion 80. Appointment of executive officers for certain gram panchayats. 81. Functions of exective officer 82. Functions of executive authority ,. .. .. 27 88. Emergency powers of Sarpanch .. .. .. 28 84. Exercise of functions of executive authority by Health Officer in certain cases .. .. .. .. 28 85. Delegation of functions of executive authority .. 28 86. Officers and servants of gram panchayats .. .. 283-80 87. Presidency of meetings .. .. . . . . 80)-81 88. Minutes of nroceedings .. .. .. .. 81 89. Power to call for records .. .. .. .. 81 Pages 40. Functional Committees .. .. .. ’ 81 41. Proceedings of gram panchayats and committees .. 31-82 42. Appointment of Joint Committees .. .. .. 82-34 48, Adniinistration report .. .. .. .. *34 44. Acts of gram panchayats, etc., not to be invalidated by in formality, vacancy, etc. .. .. .. 85 45. Powers of inspecting and superintending officers and of the Government .. .. .. .. 85-86 48. Power to suspend or cancel resolution, etc., under this Act. 87 47'.. Emergency powers of Commissioner andf District Collector. 87 4ft. Control over electrical undertakings of gram panchayats .. 88 49U Power to take action in default of a gram panchayat, Sarpanch or executive authority .. .. .. 88 Tlemoval of Sarpanch, Upa-sarpanch or member .. 38-89 51* HotioQ of no-confldence in Sarpanch or Upa-sarpanch .. 3g-41 52. Dissolution and supersession of gram panchayats .. 41-48 M m lowers of officers actitig for or in default of gram panchayr^ and liability of gram panchayat fund .. NIEPA Chapteb III. I ____ I G0249 POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS. 64.. Duty of gram panchayat to provide for certain matters .. 43-44 56. Power of gram panchayat to provide for certain other matters. 44-46 56. Maintenance of common dispensaries, child-welfare centres, etc. .. .. .. .. .. 46 57. Transfer of management of forests to gram panchayats .. 46 58. Transfer to gram panchayats of institutions or works ,. 46-47 59. Power to Board of Revenue to transfer or resume control of endowments and inams 60. LimitatPn of powers to accepting donations and trusts 61. Transfer of cattle pounds to gram panchayats and maintenance of cattle pounds .. .. 62. Vesting of public roads in panchayats 68. Collected sewage, etc. to belong to gr^,panchayat. 64. Vesting of communal property or income in gram pancbayat. 65. Maintenance of irrigation works, execution of kudiqwiramat^.. etc* « •• •• •• 66. Vesting of the management of ferries in gra^ paqcbftyat, etp. 67. Certain porambokes to vest in gram panchayat, etc. 68. Immovable property required by gram panchayat may be acquired under the Land Acquisition Act, 1894 C h a p te b IV. TAXATION AND FINANCE.' “ * 69. Taxes leviable by gram panchayats .. 70. House-tax 71. Levy of house-tax on a direction by Govermneixt , 72. Profession tax .. ' •. .. 73. Duty on transfers of property 74. Vehicle tax 75. Special taxes leviable by a gram pai^cihayat., .. 76. Composition of tax payable by owner (4 a factory, .oy » conr. r, tiguous group of buildings .. .. ' 77. Power to write off irrecoverable amounts 78. Power to require village headman to collect taxes and feed due to ^am paqchayat 79. Gram panchayats fund .. .. .. 80. Expenditure from gram panchayat fund 81. Preparation and sanction of budget .. 82. Appointment of auditors 83. Contribution to expenditure by other local authorities . 84. Recovery of loans and advances made by the Page* 4 4 4S Sli JSll 61^88 S4A 54^63 58B 58B 58B 58-S» 5 » 59-611 62-618 68-614 • «4l €41. C h a p t e r V . PUBLIC SAFETY, CONVENIENCE AND HEALTH. Pages 85. Testing of waterworks in gram panchayats .. .. 65 86. Setting apart of public tanks, etc. for certain purposes .. 65-66 87. Prohibition against using places so set apart for purposes other than those notified .. .. .. 66 88. - Contributions from persons having control over places of ^ pilgrimage etc. .. .. .. .. 67 |9. Cleaning of private latrines .. .. .. 67 96. of buiial and burning grounds .. .. 67 M. :*Iicea»ing of places for disposal of the dead .. .. 67-68 92. Provision of burning and burial grounds .. .. 68 08. A book to be kept of places registered, licensed or provided 68 94. I¥(^bition against burying or burning in unauthorised places. 68 di. Notice to be given to gram panchayat of burials, etc. .. 68 8$. ..JVoJiibition against use o f burial and burning grounds dan gerous to health or overcrowded with graves .. 68-69 *7. Power to destroy stray pigs and dogs .. .. 69 i i . Prohibition against allowing outflow of filth .. .. 69 99. Power as to sanitation and conservancy .. .. 69-70 ItO. <>Prohibition against working of quarry near public roads .. 70-71 91.. (l^rc^bition agaipst obstructions in or over public roads .. 71 |02. Piohlbitioil against, and regulation of door, gate, bar or groundfloor window opening outwards .. ,. 71 98. Removal of encroachments .. .. .. 71 94. iPoWCT to allow certain projections and erections .. 71-72 hS. 'Prohibition of building on sewer drain etc. without permission. 72 !|8. Prohibition against making holes and causing obstruction in public road ,, ,, ,, ., 73 107. 108, 109. 110. 111. 112, Prohibition against plainting or felling trees on public roads, etc. without permission .. .. .. Recovery of penalty and compensation for unautJiorised occupation of land Public markets .. .. .. -.. Licence for Private markets.. Fee for licence .. .. ... Powers exercisable by executive authority in respect of public markets .. .. .. .. . ,. Pagess 7S 73-7 i 7 1 74- 75 T5 75 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. Powers exercisable by gram panchayat in respect of private meirkets Decision of disputes as to whether places are markets Prohibition of sale in unlicensed private markets, etc. Prohibition against sale in or upon public roads Classification of markets Vesting of places used as markets situated in estates taken over by the Government Classification of public roads, fairs and festivals, etc. Public landing place cart-stands, etc. Private cart-stands Public slaughter houses Prohibition or regulation of the use of places for slaughtering animals and licensing of slaughterers Purposes for which places may not be used without a licence^ Application to be made for construction, establishment or installation of factory, workshop or work place in which steam or other power is to be employed Power of gram panchayat to issue directions for abatement of nuisance caused by steam or other power , , Form of licences, notices and permissions Power of Government to pass order or give directi^ons .. Modification of the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 ,, 76 76 77 . 77 77 77 77- r8 78 78- r9 79 T9 79-480 810-181 8i l-^82 J82 , i82 ,, 82—^83 r C h a p t e k VI. GENERAL AND MISCELLANEOUS. Pages 180. Power to name streets and number buildings .. .. 83 181. General provisions regarding licences and permissions .. 83-85 182. Appeal from the order of executive authority to gram pan chayat .. .. .. .. 85-86 188. Limitation of time for appeal .. .. .. 86 184. Government and market committees not to obtain licences and peruttissions. .. .. .. .. 86 , 185. Time for complying with notice, order, etc., and power to enforce in default. .. .. .. .. 86 186. Powers of entry and inpection. .. .. .. 87 187. Testing of weights and measures .. .. .. 87 188. Power to call for information from village headmen, village Munsiff and Kamams .. .. .. 87 189. Limitation for recovery of dues. .. .. 87-88 140. Persons empowered to prosecute. .. .. .. 88 141. Power to compound offences .. .. .. 88 142. Prosecutions and compositions to be reported to gram pan chayat .. .. .. . ^ 88 143. Sanction for prosecution of Sarpanch, members of a gram Panchayat, nyaya panchayat or conciliation boards ,. 88 144. Notice of action against gram panchayat, Nyaya Panchayat, Conciliation Board; etc. .. .. .. 89 145. Protection of Sarpanch, Nyaya Adhyaksha, etc., of GramPancha yats Nyaya Panchayats and donci^tion boards acting in good faith .. .. 90 146. Sarpanch, etc. to be public servants. .. .; 90 M7. Injunction not to be granted in election proceedings .. 90 148. Requisitioning of premises for election purposes .. 90-91 149. Payment of compensation .. .. .. 91 150. Liability of the Sarpanch, executive authority and member for loss, waste or misapplication of property .. 92 151. Assessments, etc. not to be impeached. .. .. 92-98 pa. Assistance of police to the gram panchayat ,. .. 98 C h a p t e r VII. CIVIL AND CRIMINAL JUSTICE. P a r t I — CoNcnJATioif B o a r d . 158. Definitions 164i. Constitution of Conciliation Board 155. Place of proceedings .. .. .. 166. Commencement of proceedings for conciliation. .. 167. Witnesses. 158. Board not to administer oath. 159. Result of conciliation proceedings to be recorded.. 160. Maintenance of register of conciliation proceedings 161. Execution of settlement 162. Secrecy of proceedings 163. Power of Government to make rules for the purposes of this Part P a r t II — ^Ny a y a P a n c h a y a t s . Pofges sst98 9SB-94 04 9M-0d ,•« 95 96 - 96 96 "96 ’ 97 164. Definitions .. .. .. .. 97 165. Establishment of nyaya panchayat - , . .. 97 166. Constitution of nyaya panchayat i .. .. .. J MS 167. Term of office of members of nyaya panchayat .. .. 98 168. Election of Nyaya Adhyaksha and Nyaya Upa-Adhyaksha of nyaya Panchayat .. .. .. .. “ 98 169. Resignation of a member, Nyaya Upa-Adhyaksha or Nyaya Adhayaksha. .. .. .. .. 9«i-99 170. Suspension or removal of Nyaya Adhyaksha Nyaya Upa-dhya ksha or a member of a Nyaya Panchayat .. .. 99 171. Seal of nyaya panchayat .. .. .. 99 172. Conduct of business of Nyaya Panchayat .. .. 99^-100 178. Presidency at meeting of nyaya panchayat 174. Quorum and decisions at the sittings of the nyaya panchayat. 175. >fyaya Panchayat to have exclusive civil and crimnal Jurisdiction CIVIL JURISDICTION. 176. Suits cognizable by nyaya panchayat 177. Suits not cognizable by a nyaya panchayat 178. Compromise of suits 179. The nyaya panchayat in which a suit is to be instituted 180.. Suits to incude the whole claim 181. Commeiftjement of proceedings in a suit before a nyaya panchayat 182. Incidental determination of matters not cognizable by nyay panchayat 188.) AppearaAQe in person or by agent. 184. Exempticm of certain persons from personal appearance in suits }85. limitation 100 100 100 100-101 101 101 101-loa 102 102 102-108 108 108 108 t8Q. Death of parties 108-104 187. Nyaya panchayat may transfer certain suits to District Mun Slff. •• •• .. .. 104 i 88 Transfer of certain suits 104 189, On conclusion of hearing, nyaya panchayat to pass decree .. 104 ^90. Contents of decree .. .. 105 191. D.ecree may award interest or order payment by instalments 105 i92. Payment o f adjustment of decree to be recorded 105 isd. Execution of decree. 105 Ajppeal , j f r• t » Tt m 1 0 CRIMINAL JURISDICTION. 195. Nyaya panchayat to take cognizance of and try certain ofifen ces .. .. .. .. 106-1(09 196. Certain persons accused of theft not to be tried by nyaya panchayat. .. .. .. .. 1(09 197. (impounding of offences .. .. ., lOft-lJlO 198. Compensatwn to complainant, etc. .. .. lilO 199. Compensation to accused for false or Mvolous case .. niO 200. Conviction by a nyaya paacbayatnota pcevioua coavictLan. HIO 201. Enquiry by^^a nyaya panchayat imder section 202, (k>de of Criminal Procedure, 1898. • .. .. .. m o 202. Youthful offenders ' .. .. .. .. m e 208. Order to maintenance of wives and diildren ., .. ^ m i MISCELLANEOUS 204. Res-judicata and pending suits and cases .. ., m i 205. Institution’ of suit^and cases .. .. , , 111-1112 206. Summons to be issued to the defendant or accused . . m 2 207. Disposal of suits and cases in absence of party concerned . , 112-118 208. Issue of sunmions to witnesses .. .. m s 209. Assistance of police t6 the nyaya panchayat .. .. m s 210. Fresh hearing of pending suits, etc. if more than one half of members vacate office .. .. .. 114 211. Nyaya panchayat not to revise or alter its decision .. 114 212. Right of ^ arrested person to be defended by a legal practi tioner .. .. .. .. 114 218. Applicability of certain sections of the Code of Criminal Pro cedure, 1898 to nyaya panchayat .. .. H 8 214. Power of Government to dissolve a nyaya panchayat .. 114-m5 215. Exercise of powers of panchayat court under the Andhra Prad desh (Andhra Area) Village Courts Act ,1888 by gram pancbaj^ts till the establishment of nyaya panchayats in the Andhra area .. .. .. .. US ;?16. Power of the Goverimient to ixiake rules. .. .. 116—116 11 C h a p t e b VIII. BVLES, BYE-LAWS AND PENALTIES. 217. Power of Grovemment to make rules for the purposes of this Act .. .. .. .. 116-119 218. Penalties for breach of rules .. .. .. 119 &10. Bye-iaws^and penalties for their breach. .. .. 119 S^. General provisions regarding penalties specified in Schedules IV and V .. .. .. .. 119-120 m .. Penalty for acting as member, Sarpanch or Upa-Sarpanch of a gram Panchayat when di^ualified .. .. 120-121 •ffl®. Ptnalty for acquisition by an officer or servant of interest m contract, etc. .. .. .. .. 121 l&Z. Wrongful restraint of executive authoriy or his delegate .. 121 ^ 4 . Punishment for obstructing gram panchayat, etc. .. 121-122 :3M5. Penalty for not giving information or giving false informa* tion .. ., .. .. .. 123 C h a p t e b I X . SUPPLEMENTAL PBOVISION8. Sfecial provisions in the case of new gram panchayats .. 122 .'t'- Public roads, markets, wells, tanks, etc., to be open to all .. 122 Power to farm out fees .. .. . . .. 128 Extension of provisions of kw relating to district mimicipali ties or rules thereunder .. .. .. 128 pi. Trknsfer of functions ~of gram1^panchayats^|to^|panchayat samithis, zilla parishads, or o^er local authorities or vice versa .. .. .. .. .. 128 i. Delegation of powers, etc. .. .. .. 124 i'Revision .. .. .. .. .. 125 ^^Elecovery of amounts due as taxes .. .. .. 125 »Adjudication of disputes between local authorities .. 125*12$ 12 285. Oath of allegiance to be taken by members .. .. 126—127 286. Act to be read subject to Schedule VI in regard to first consti tution or reconstitution, etc. .. .. .. 127 287. Power to remove^difficulties .. .. .. 127 288. Amendment to section 81 of Andhra Pradesh Act X X X V of 1959 .. .. .. .. .. 128 289. Repeals .. .. .. .. .. 128 SCHEDULES. Sehedutel .. .. .. .. .. 128-180 Rules regarding proceedings of gram panchayats and their;ct«nf mittees. Schedule I I .. .. .. .. .. 1»EK158. Rules relating to certain taxes and their lodging of moneys received by gram panchayat and payment of moneys from the gram panchayat fund. (C h a p t e r IV). Part I .—Rules relating to taxes other than those specified in sec tion 75. A. General .. .. .. .. .. 180)-181 B. Assessment of the house-tax .. .. .. 132-135 C. Profession tax—Levy of maximum and minimum rates .. 185-140 D. Tax on vehicles ‘ .. .. .. .. 140-141 E. Appeals .. .. .. .. .. 1411-143 F. Collection of taxes .. .. .. .. 14S-14T Part I I : Lodging of moneys received by gram panchayat and pay ments of moneys from the gram panchayat fund .. . . 14’7-149 Appendix A : Return of income for assessment to profession tax during the year ending .. .. .. .. 149-150 Appendix B : Distraint warrant .. .. .. 15©-15^ 4 ^ m d ix C : Form of inventry and notice of sale ., ,, 13? l 8 Appendix D : Table of maximum fees payable on distraints .. 152-1S8 Schedule I I I : Purposes for which places may not be used without a licence .. .. .. .. .. 158-155 /T ; Ordinary penalties .. .. .. 155-158 Schedule V : Penalities for continuing breaches .. ,. 158-159 Sehedide V I : Transitional provisions .. .. .. 160-165 p ) Definitions .. .. .. .. .. 160 Easting viWages and town municipalities to be deemed to be villages for purposes of this Act .. .. .. 161 (8) Total number of members of gram panchayats .. .. 161 (4) Term of ofi&ce of existing Presidents, Vice-Presidents and and Members .. .. 161-162 (5) Existing wards to continue except in certain cases .. 162-168 ,.|6) Reservation of seats .. .. .. .. 168 0 ) First ordinary election .. .. .. ., 168 |8) Reconstitution of panchayats dissolved or superseded before the commencement of this Act .. .. .. 108 Constitution of panchayats for villages notified before the eommencement of this Act .. .. .. 168 1,0) Executive Officers of Town Committees to be deemed to be executive officers appointed under section 30 .. .. 164 ht) Devolution of property rights and liabilities ,. ,. 164 III) Cfflitinuance of existing taxes .. .. .. 164 te) Action taken under old Andhra Area Act on old Telangana Area Act or Municipal Act to continue .. .. 164 pt*) Ronoval of difficulty .. .. .. .. 165
CONSTITUTI0N, ADMINSTION AND CONTROL OF GRAM PANCHAYATS.
THE ANDHRA PRADESH GRAM PANCHAYATS ACT, 1964.
(ACT No. 2 OF 1964)
(ACT No. 2 OF 1964)
CHAPTER I.
Preliminary .
Preliminary .
1.
- (1) This Act may be called the Andhra Gram Panchayats Act, 1964* commencement.
-
(2) It extends to the whole of the State of Andhra Pradesh, except—
- (a) the municipal corporations governed by the Art n of Hyderabad Municipal Corporations Act, 1955; ‘
- (b) the municipalities governed by the law relating to municipalities for the time being in force in the State;
- (c) the mining settlements governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956; and
- (d) the cantonments governed by the Cantonments Act, 1924.
- (3) It shall come into force on such date and in such area as the Government may, by notification in the Andhra Pradesh Gazette, appoint and they may appoint different dates for different areas and for different provisions.
2. In this Act, unless the context otherwise requires,—
- (1) ‘Andhra area* means the territories of jshe of Andhra Pradesh other than the Telangana area;
- (2) “board” means a conciliation board constituted under scction 154;
- (3) ‘building’ includes a house, out-house, shop, stable, latrine, shed, (other than a cattle shed in an agricultu ral land) hut, wall and any other such structure, whether of ihasonry, bricks, wood, mud, metal or any other material whatsoever;
- (4) ‘casual vacancy’ means a vacancy occurring oU^rwise than by ^ u x of time, and ‘casual election’ means an election held to fill a casual vacancy;
- (5 )'‘Gommissioner’ means any officer who is authorised by the Government to exercise any of the powers or discharge any of the duties of the Commissioner under this Act;
- (6) ‘company’ means a company as defined in the Companies Act, 1956, and includes a foreign company within the meaning of section 591 of that Act;
-
(7) ‘District Munsiff’ means—
- (i) in relation to the Andhra area, the DistriMimsiff appointed under the Andhra Pradesh (Andhra Area) Civil Courts Act, 1873;
- (ii)in relation to the Telangana area, the Munisiff appointed under section 6 of the Andhra Pradesh (Telangana Area) Civil Courts Act, 1954;
- (8) ‘election authority’ means such authority not being the Sarpanch or Upa-Sarpanch or a member of the gram panchayat, as may be prescribed;
- (9) ‘executive authority’ means— (i) in the case of a gram panchayat or group of grapahcbayats having an executive officer, the executive officer, and if there is no executive officer in charge, the Sarpanch of the gram panchayat; (ii) in the case of any other gram panchayat, the Sarpanch thereof; (10) ‘executive officer’ mfians the executive officer of a gram panchayat or a group of gram panchayats; (11) ‘factory’ mcans a factory as defined in the Factories Act, 1948, and includes any premises including the precincts thereof wherein any industrial, manufacturing or trade process is carried on with the aid of steam, water, ail, gas, electrical or any other form of power which is meehwi cally transmitted and is not generated by human or aoatial agency;(central Act 68 of 1948) (12) ‘Government’ means the State Government; (13) ‘gram panchayat’ means the body constituted for the local administration of a village under this Act; (14) ‘Gram Sabha’ means the Gram Sabha which comes into existence under section 6; (15) ‘house’ means a building or hut fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way , and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus-stand; (16) ‘hut’ means any building v/hich is constructed principally of wood, mud, leaves, grass, or thatdi aitd In cludes any temporary structure of whatever size or any small building of whatever material made, which the gram panchayat may declare to be a hut for the purposes of this Act; (17) ‘latrine’ includes privy, water-closet and urinal; (18) ‘local authority’ includes a cantonment authority; (19) ‘member’'means a member of gram panchayat; (20) ‘nuisance’ includes any act, omission, place or thing which causes or is likely to cause injury, danger, anno yance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life, or injurious to health or property; (21) ‘nyaya panchayat’ means a nyaya panchayat established under section 165; (22) ‘ordinary vacancy’ means a vacancy occurring by efflux of time and ‘ordinary election’ means an election held to fill an ordinary vacancy; (23) ‘owner’ includes— (a) the person for the time being receiving or entitled to receive whether on his own account, or as agent trustee, guardian, manager or I’eceiver for another person op for any religious or charitable purpose, the rent or profits u£ tiie property in connection with which the word is useaj and (b) the person for the time being in charge of the animal or vehicle in connection with which the word is used; (24) ‘Panchayat Samithi’ means a Panchayat Samithi as defined in clause (h) of section 2 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959; (Andhrapradesh Act XXXV of 1959.) (25) ‘prescribed’ means prescribed by the Govern ment by rules made under this Act; (26) ‘private road’ means any Street, road, square, court, alley, passage, cart-track, foot-path or riding path, which is not a ‘public road’ but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of, such premises; (27) ‘public road’ means any street, road, square, court, alley, passage, cart-track, foot-path or riding path, over which the public have a right of way, whether a tho rough-fare or not, and includes— (a) the roadway over any public bridge or cause way; (b) the foot-way attached to any such road, public bridge or causeway, and (c) the drains attached to any such road, public bridge or causeway, and the land, whether covered or not, by any pavement, veranda or other structure, whidi lies on either side of the roadway upto the boundaries of the adja cent property whether that property is private property or property belonging to a local authority, or the State ot Central Government; (28) ‘residence’, ‘reside’.— A person is deemed to have his ‘residence’ or to ‘reside’ in any house if, he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning; (29) ‘State’ means the State of Andhra Pradesh; Act (30) ‘Telangana area’ means the territories specified in sub-section (i) of section 3 of the States Reorganisation Act, 1956; (31) ‘village’ means any local area which is declared to be a village under this Act; (32) ‘water-course’ includes any river, stream or channel, whether natural or Artificial; (33) ‘year’ means the financial year; trapra (34) ‘Zilla Parisliad’ means a Zilla Parishad as defined in clause (o) of section 2 of the Andhra Pradesh Pannchayat Sami this and ZilHa Parishads Act, 1959.
C H A P T E R II.
C o n s t it u t io n , A d m i n is t r a t io n a n d C o n t b o l o f of'a*^age G r a m P a NCHAVATS. for the pur poses of this
Act.
3. (i) The Commissioner may, by notification, and in accordaince with the rules made by the Government in this beh^, declare any revenue village or part thereof br any part , of a revenue taluk to be a village for the purpose of this Act and specify the name of the village.
(2) The Commissioner may, by notification and in accordance with such rules as may be prescribed in this
(a) exclude from a village any local atea compri sed therein; or
(&) include in a village any adjoining load area
in the same revwiue taluk; or -
(c) cancel a notification issued wider sub-section (1) ; or
(d) alter the name of the village:
Provided that before issuing a notification under this sub-section, the Commissioner shall give the gram pancha yat which will be affected by the issue of such notification, an opportunity of showing cause against the proposal and consider the objections, if any, of such gram panchayat.
Explanation :— The expression “ revenue taluk” us«d in sub-sections (1) and (2) and the expression “xevenw yillag^” used in ^sub-section (1) means respectively any local area which is recognised as a taluk or village in the revKiue accounts of Government after excluding therefrom the area, if any,
included in—
(a) a municipal corporation governed by the Hyder- abad Municipal Corporations Act, 1955;
(&) a municipality governed by the law relating to
municipalities for the time being in force in the State;
(c) a mining settlement governed by the Andhra
Pradesh (Telangana Area) Mining Settlements Act, 1956;
(d) a cantonment governed by the Cantonments Act, centralAct 1924. 2 of1924-
(3) The Commissioner may pass such orders as he may deem fit—
(a) as to the disposal of the property vested in a g r ^ panchayat which has ceased to exist, and the discharge of its liabilities; and
(&) as to the disposal of any part of the property
vested in a gram panchayat which has ceased to exercise juris diction over any local area, aind the discharge of the liabilities of the gram panchayat relating to such property or arising froni such local area.
An order made under this sub-section may contain
such supplemental, incidental and consequential provisions as the Commissioner may deem necessary, and in particular may direct—
(i) that any tax, fee or other sum due to tgram panchayat or where a gram panchayat has ceased to exer
cise; jurisdiction over any local area, such tax, fee, or other sum due to the grajti panchayat as relates to that area, shall be pay:* able to such authorities as may be specified in the order; and
(ii) that appeals, petitions, or other applications with reference to any such tax, fee or sum which are pending on the date on which the gram panchayat ceased to exist or, as the case may be, on the date on which the gram panchayat ceased to exercise jurisdiction over the local area, shall be dis posed of by such authorities as may be specified in the order.
4. (I) A gram panchayat shall be deemed to have been cons«itutten constituted for a village on the date of publication of the
fication imder section 3 in respect of that village and the Spe- vfflages aud cial Officer appointed under sub-section (i ) of section 226 shall make arrangements for the election of the members and ™ of the Sarpanch of the gram panchayat as provided in that
section.
(2) Subject to the provisions of this Act, the admini
stration of the village shall vest in the gram panchayat, but the gram panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Sarpanch or executive authority, or to any other local autho rity or other authority.
(3) Every gram panchayat shall be a body corporate by the name of the village specified in the notification issued undei" section 3, shaHl have perpetual succession and a com mon seal, and subject to any restriction or qualification im posed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, erf acquiring, holding and transferring property, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.
5. (I) The Government may declare, by a notification in Townshi;). the Andhra Pradesh Gazette, a village or any other area to be a township if it is an industrial or institutional colony, a labour colony, a health resort or a place of religious importance.
(2) If the area declared as township linder sub-sec tion (I ) comprises a village or forms part of a village, the Com missioner shall, under sub-section (2) of section 3, cancel the notification issued under sub-section (i) of that section in respect of such village, or as the case may be, exclude such part from the village.
8
(3)’ In regard to any' area declared to be a township,
the Gkjwrament shall, by notification in the Andhra -Pradem Gazette, constitute a township committee which shall conl^t of the members elected in the prescribed manner and the members nominated by the Government:
Provided that the number of members chosen by nemi nation by the Government shall not exceed one-third of the total number of members.
(4-) A notification issued by the Government undet sub-section (3) may direct that any functions vested in a gram panchayat by or under this Act shall be transferred to and performed by the township committee and shall provide for—
(i) the total number of members of the township
committee;
(«) the persons to be nominated by Government to
the township committee;
(iii) the person who shaW be the chairman of the township committee or the manner in which he shall b6 elected;
{iv) the term of office of members and the chairman
of the township committee;
{v) the restrictions and conditions subject to which
the township committee may perform its functions; and
{vi) any other matter incidental to, or connected
with, the transfer of the functions of a gram panchayat to the township committee including the apportionment of the re venues beween the township committee and the gram pan chayat concerned or any contribution or compensation that shall be paid by the township committee to the gram pancha yat concerned.
(5) Every township committee shall, in regard to the conduct of its business, follow such procedure as may be prescribed.
(6) The Government may, by notification in the Andhra Pradesh Gazette, direct that any of the provisions of this Act or of the law relating to municipalities for the tiine being in force, or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the State but not in the village or local area or specified part thferfeof
0
referxed to in sub-section (i ), shall apply to that village, local area or part to such extent and subject to such modili cations, additions and restrictions as may be specified in the notification.
6. (1) There shall come into existence a Gram Sabha CramSabhi. for every village on the date of publication of notification under section 3.
(2) A Gram Sabha shall consist of all persons whose names are included in the electoral roll for the gram pancha yat referred to in section 14, and such persons shall be deemed to be the membexs of the Gram Sabha.
{3) The Gram Sabha shall meet at least twice in every year On such date and at such place and time as may be pres cribed to consider the following matters, which shall be placed
before it by the gram panchayat, namely:—
(ij aimual statement of accovmts and avidit report,
{U) report on the administration of the preceding
year;
(m) programme of works for the year or any new
programme not covered by the budget or the annual pro gramme;
(ty) proposals for fresh taxation or for enhancement
of existing taxes;
(y) such other matter as may be prescribed.
The gram panchayat shall give due consideration io the suggestions, if any, of the Gram Sabha.
(4) The Gram Sabha shall observe such rules of pro cedure at its meetings as may be prescribed.
(5) Every meeting of the Gram Sabha shall be presid ed over by the Sarpanch or in his absence by the Upa-Sarpanch of the gram panchayat.
7. A gram panchayat shall consist of such number of Total members, as may be notified from time to time, by the. Com missioner in accordance with the following Table:— cfiayat. 2
10
T A B L E .
Gram Panehayat with a population Number of at the last census. members.
of less than 500 •••• 5 of 500 or more but not exceeding 1,500 .. 7 Exceeding 1,500 but not exceeding 3,000 .. 9 Exceeding 8,000 but not exceeding 5,000 .. 11 Exceeding 5,000 but not exceeding 10,000 ,. 18 Exceeding 10,000 but not exceeding 15,000 .. 15 Exceedng 15,000 .. 17
Elected Savc as Otherwise provided in section 13, the meralSoi members, of the gram panchayat or of the township committee consti tuted under sub-section (3) of section 5 shall be elected by the method of secret ballot.
ReservatioB •yiseats fox women and members of SofaeduJbd Castes and Scheduled Tribes.
9. (I) In every gram panchayat, out of the total strength thereof determined imder section 7, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve—•
(fl) one seat, if the total strength aforesaid is seven or less and two seats if such strength is nine or more, for women; and
(6) {i) where the combined population of the Schduled Castes and the Scheduled Tribes in the village is fifty, one seat to the Scheduled Castes or to the Schedulal Tribes, whoever are greater in number;
(u) where the combined population of the duled Castes and the Scheduled Tribes in the village is fifty but they are equal in numbers, one seat for either the Scheduled Castes or Scheduled Tribes to be determined by him;
(Hi) where the combined population of the Sche
duled Castes and the Scheduled Tribes is more than fifty but the population of either the Scheduled Castes or the Schedul ed Tribes does not exceed one half of the total population of the village, such number of seats for the Scheduled Castes or for the Scheduled Tribes, as the case may be, as may be fixed
11
by him having due regard to the proportion of their popu lation to the total population of the village subject to the con dition that at least one seat shall be reserved either for the Scheduled Castes or for the Scheduled Tribes whoever are
greater in number :
Provided that where the Scheduled Castes and the
Scheduled Tribes are equal in numbers, the reservation under this sub-clause shall be made in such manner as may be derer mined by him;
{iv) where the population of the Scheduled Castes
or the population of the Scheduled Tribes is more than fifty but does not exceed one half of the total population qf the village, such nunfiber of seats for the Scheduled Castes or for tKi'Schedtded Tribes, as the case may be, as may be fixed by irim having due regard to the proportion of the population of
the Scheduled Ciistes or of the population of the Scheduled Tribes, for whom reservation is made, to the total population of the village:
Provided that where the population of either the
Sdieduled Castes or the Scheduled Tribes exceeds one half of #fe total population of the village, reservation under this clause shadl be made only for the Scheduled Castes or for the Scheduled Tribes whose population is less than one half of the total pop»ulation of the village but is not less than fifty irl number, having due regard to the proportion of their popu lation to the total population of the village:
Provided further that any reservation made under
th|s clause shall have effect only until the first ordinary elec tions to the gram panchayat after the expiration of a period of ten years from‘the date of commencement of this Act.
Explanation.— In this section, the expressioas ‘Sche duled Castes’ and ‘Scheduled Tribes’ shall have the meanings respectively assigned to them in clause (24) and clause (25) of article 366 of the Constitution of India.
(2) Nothing in sub-section (i) shall be deemed to pre va^ women and members of the Scheduled Castes and Schcdided Tribes from standing for dlection to the non Ecsexved seats in the gram panchayat.
^10. For the purpose of electing members to a gram pan- oivisicninto chayat, the Cwnmissioner shall, subject to such rules as may be pir&cribedi, divide the village according to the number of voters into as many constituencies as there are seats, determined
12
under section 7 and allot not more than one seat for each con stituency.
Term of
11 • ( I ) Save as otherwise provided in this Act, the term ml^bera. of office of members elected at ordinary elections shall be five years commencing from the date of the first meeting of the gram panchayat convened under sub-section (3) of section 12:
Provided that the Government may, by notification in
the Andhra Pradesh Gazette, for sufficient cause, which shall be stated therein direct that the term of office of the mem bers as a whole be extended by such period as may be specified in the notification, but the total period of such ex tension shall not in any case exceed one year:
Provided further that in computing the term of cffice
of the members of a reconstituted gram panchay^, ^ e period if any, by which the term of office of the outgoing members
is extended under the foregoing proviso, shall be excluded.
(2) The term of office of the outgoing m'embefs shall
be deemed to extend to, and expire with, the day immediately preceding the date of the first meeting of the reconstituted gram panchayat convened under sub-section (3) of section 12 :
Provided that if the Commissioner considers that the
continuance in office of such outgoing members beyond the expiration of their term of office is not desirable, he may—
(a) direct that the said members including
Sarpanch and Upa-Sarpanch shall cease to hold office on and from the date of the expiration of their term of office by efflux of time, and
(b) appoint under sub-section (i) of sectio
a Special Officer from the said date, to exercise the powera and perform the functions of the gram panchayat until it is duly reconstituted, and of its Sarpanch, until the reconstituted gram panchayat elects its Sarpanch.
(3) Ordinary vacancies in the office of members shadl
be filled at ordinary elections which shall be fixed by the elec tion authority to take place on such day or days within three months before the occurrence of the vacancies, as he thinlfg fit:
Provided that the Government may, for sufficient
cause, direct or permit the holding of any ordinary election after the occurrence of the vacancy:
13
Provided further that the Government may, for suffi
cient reasons to be recorded in writing, direct, from time to time, the postponement or alteration of the date of an ordi nary election or aaiy stage thereof and the election authority shall give effect to such direction.
(4) {a) Every casual vacancy in the office of an elected member of a gram panchayat shall be reported by the executive authority to the election authority within fifteen days from the date of occurrence of such vacancy and shall be filled within four months from that date.
(b) A member elected in a casual vacancy shall enter upon office iorthwith, but shall ho\d office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
(c) No casual election shall be held to a gram
panchayat within six months before the date on which the term of office of its members expires by efflux of time.
12. (i) For every gram panchayat, one of the members shall be elected to be Sarpanch and one other to be Upa- *^K ^ Sarpanch by the gram panchayat, in the prescribed manner. If 9i an edection held for the purpose no Sarpanch or Upa Saipaneh ^ elected, fresh election shall be held. The names of me Sarpanch and the Upa-Sarpanch so elected shall be publi^ed in the prescribed manner:
Provided that a member of either House, of the State
Legislature or of Parliament who is elected to the office of Sarpanch or Upa-Sarpanch shall cease to hold such office unless within fifteen days from the date of election to such office he ceases to be a member of either House, of the State Legislature or of Parliament by resignation or otherwise:
(2) A member of the gram panchayat shall be dis qualified for election as Sarpanch if he is interested in a sub sisting contract made with, or any work being done for, the Panchayat Samithi within whose jurisdiction the gram pan chayat is situated or any other gram panchayat within the jurisdiction of that Panchayat Samithi:
Provided that a person shall not be deemed to have
any interest in such contract or work by reason only of his having a share or interest in—
(i) a company as a mere shareholder but not as a
dbecCor;
14
' («) any lease, sale or purchase of immovable pro
perty or any agreement for the same; or
(m) any agreement for the loan of money or any
security for the payment of money only; or
{iv) any newspaper in which any advertisement
relating to the affairs of any of the aforesaid gram panchayat is inserted;
(31) The first meeting of the gram panchayat tot eleet
a Sarpanch and Upa-Sarpanch shall be called on the same date on which the results of the ordinary elections to the gram j^chayat have been published. The notice of the meeting
or the dection of Sarpanch and Upa-Sarpanch shall be given to the members of the gram panchayat by affixture of tlie same to the notice board at the office of the gram panchayat, immediately after such publication:
Provided that if, for any reason, the election of the
Sarpanch or Upa-Sarpanch is not held on the date aforesaifl, the meeting for the election of the Sarpanch and Upa Sarpanch shall be held on the next day, whether or not i]t ijs a holiday observed by the gram panchayat.
(4) Every Sarpanch or Upa-Sarpanch shall cease ta hold office on the expiration of his term of office as a mem ber.
Vacancies to 13. ( I ) If at an ordinary or casual election, mo person i^ ^cUon*or^ elected to fill a vacancy, a fresh election shall be held on such nomination day as the election authority may fix.
in certain(2) If at such fresh election no person is elected to fill the vacancy, the members of the gram panchayat shall eleqt within such period and in such manner as may be prescribed a qualified person to fill such vacancy. If no person is elected within the prescribed period, the Commissioner shall nomi
nate a qualified person to fill such vacancy.
(3) The term of office of a member of a gram
panchayat elected or nominated imder this section, shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.
preparaticB 14. (i) The person authorised by the prescribed hi^t- authority in this behalf shall prepare every calendar year for Irfeiecto'iS the gram panchayat a draft of electoral roll, which shall con roU for a of such part of the electoral roll for the Assembly Consti tuency published under the Representation of the People
IS
Act, 1950 as revised or amended under the said Act, upto a ° date to be specified by the Government in this b^alf, as relates to the village or any portion thereof, and shall cause
Sijieh draft to be published in such maimer as the Government may direct.
Explanation.— ^Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the village, all persons whose names are entered in such roll under the registration area comprising the village aiid whose addresses as entered in such roll are situated in rhe village shall be entitled to be included in the electoral roll for the gram panchayat prepared for the purpose of this Act.
(2) After the expiration of thirty days from the date
fhe publication of the draft of the electoral roll under sub-
(I), the person authorised by the prescribed authority
lA this behalf shall publish in such maimer as the Government may direct, the final electoral roll for the gram panchayat, incorporating therein such alterations or amendments as are ii^^ssaiy for the purpose of bringing it into accord with the d^fectoral roll for the relevant ^sembly Constituency & It
stands on the date of expiratic«i of the thirty days aforesaial '
(3) The final electoral roll published under sub
section (2) shall be the electoral roll for the gram panchayat iiid it Shafl remain in force tiH a fresh electoral roll for gram panchayat is published in the succee<£ng calendar yif&f in the manner speeded in the foregoing sub-sections.
, (4) The electoral roll for the gram panchayat shall be dfvided into as many parts as there are constituencies so that the parts relating to all constituencies shall have equal ritililber of votets:
Provided that the surplus number of voters, if any,
jcemaining after such division shall be included in the part relating to the last constituency.
(5) Every person whose name appears in the part of the electoral roll relating to a constituency shall subject to other provisions of this Act, be entitled to vote at any election which takes place in that constituency while the clectoi^'al roll remains m force and no person whose name does not appear in such part of the electoral roll shall vote at any such election.
16
(6) No person shall vote at an electidn under this A
19. (1) A person who has been sentenced by crimfttal
COUrtH- «uaf the last meeting which he attended, or of his restoration to n&ce as member under sub'section (i) of section ^i, as the 2ase may be, or if within the said period, less than three ordi
t i ^ meetings have been held, absents himself from three consecutive o rd in a ry meetings held after the said date:
Provided that in thie case of a woman member, a period of not more than four months at a time shall be excluded in ri^oning the period of absence aforesaid, if for reasons of pnysical disability due to advanced stage of pregnancy and lehvery, such member absents herself from meetings after giving a written intimation to the executive authority of the late from which she would be absent;
Provided further th^it no meeting from which a member absmted himself shall be counted against him under this elause if—
(*) due notice of that meeting was not giren to him in the prescribed manner; or
(») the meeting was held on a requisition of mem Gera.
Explanation.— For the purpose of this clause,—
V
(i) ‘ordinary meeting’ shall mean a meeting held after giving a notice of at least three days before the day of ^ e meeting;
§0
(ii) where a meeting other than an ordinary meetinintervenes between one ordinary meeting and anotha: ordi nary meeting, those two ordinary meetings shall be r^arded as being consecutive to each other.
21. (1) Where a person ceased to be a member under
u» section 18 or clause (a) of section 20, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the conviction or the sentence is annulled on ap peal or revision or the disqualification caused by the sentence is removed by an order of the Government; and any per»)n elected to fill the vacancy in the interim shall, on such restoration, vacate office.
(2) Where a person ceases to be a member under clause (A:) of section 20, the executive authority shall forthwith inti
mate that fact by registered post to the member concerned and report the same to the gram panchayat at its next meeting. If such member applies for restoration of his membersliip to the gram panchayat within thirty days of the receipt by him of such intimation, he shall be deemed to have been restored to his membership and the executive authority shall report the fact of such restoration to the gram panchayat at its next meeting:
Provided that a member who is so restored to his mem
bership again incurs the disqualification under the said clause (A), the gram panchayat may, on his application for restora tion filed within a period of thirty days of the receipt by him of the intimation from the executive authority regarding the disqualification, restore him to his membership.
Authority 22. (i) Where an allegation is made that any person todedde vvho is clcctcd Or nominated as a member of a gram panchayat is not qualified or has become disqualified under section 16, section 17, section 18, section 19 or section 20 by any voter or authority to the executive authority in writing and the execu tive authority has given intimation of such allegation to the member and such member disputes the correctness of the
allegation so made, or where any member himself entertains any doubt whether or not he has become disqualified under any of those sections, such member or any other, member may, and the executive authority, at the direction of the gram
panchayat or the Commissioner shall, within a period of two months from the date on which such intimation is'givm Or
21
doubt is entertained, as the case may be, apply to the District Munsif having juri^iction over the area in which the office of the gram panchayat is situated, for decision.
(2) Pending such decision, the member shall be eai
titled to act as if he is qualified or were not disqualified.
(3) Where a person ceases to be the Sarpanch or Upa
Sarpanch of a gram panchayat as a consequence of his ceasing to be a member of the gram panchayat under clause (A) of section 20 and is restored later to his membership of the g r ^ panchayat under sub-section (2) of section 21, he shall, with rfFect from the date of such restoration, be deemed* to have
bem restored also to the office of Sarpanch or Upa-Saipaisda, as the case may be.
23. (I) Any member or the TJpa-Sarpanch may resign lUsignatioB his office by giving a notice in writing—
SarpanckOT
(i) in a case where the gram panchayat is within Sarpanch. die jurisdiction of a Panchayat Samithi, to the Block Develop ment Officer of that Panchayat Samithi; and
(m) in other cases, to the Divisionail Panchayat Offi
cer having jurisdiction over the gram panchayaft.
Except in a case where the person ressigning delivers
the notice of resignation personally to the Block Developi* mcJit Officer or, as the case may 1^ , to the Divisiisoal Pan* <^ayat Officer, the said officer shall, on receipt of sucii notice^ obtain confirmation from the person conceimed as to ite genuineness. The resignation delivered personally or con fixing as aforesaid shall take effect on and from the date on which the notice was received by the said officer.
(,2) The Sarpanch may resign his office by giving •a
Qotke m writing to ^ e gram panchayat. Such resignation shall take effect from the date on which it is placed before a meeting of the gram panchayat:
Provided that if, in the opinion of the Sarpanch, a meet
ing of the gram panchayat cannot be convened immediately for the purpose, he may resign his office by giving sui(i jiotice to the District Panchayat Officer, and on receipt thereof the District Panchayat Officer shaU, except where it is delivered to. him by the Sarpanch personally, obtain confirmation from
Sai^anch as to its genuineness. A resignation delivered
personally or confirmed as aforesaid shall take effetfi on 1 ^
from the date on which the notice was received by the Distriefk Panchayat Officer.
(3) (^) Notwithstanding that the resignation of a person from the office of Sarpanch has taken effect under sub-section (2), the Commissioner may, by notification, re cord a findiag, with reasons therefor, that such person is guilty of, wilful omission or refusal to carry out, or disobe dience of, the provisions of the Act or any ru l^ bye-laws, regulations or lawful orders made thereimder or abuse of the powers vested in him, while he held the office of Sarpanch:
Pitovided that the Commissioner ^all, befwe
such give the person concerned an opporttmi^ for explanation:
Provided further that no action under this clause &haU
be taken after the expiration of one yeax from the date on
which the resignation has taken effect.
(b) A person aggrieved by tiie notification i^ e d
under clause (a) may, within thirty days from the date of pubfication of such notification prefer an appeal to tlie Gov ernment and the Government shall, in case the appeal is al lowed, cancel such notification.
(c) A person in respect of whom a notification was
issued under clause (a) shall, imless the notification is can celled under clause (6), be ineligible for election as Sarpanch for a period of three years from the date of publication of such notification.
24. (1) The Sarpanch shall cease to hold office as such—
(a) on his ceasing to be a member of the ^ Samithi imder the proviso (a) to clause (i) of sub-section (1) of section 4 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 : xxxv lO/SO*
Provided that in a case falling imder clause (c) of sub
section (1) of section 10 of the said Act, the Sarpanch shoU continue to hold his office as such imtil any appfication for restoration as a member of the Panchayat Samithi made under-sub-section (3) or sub-section (4), of section 10 aforesaid has been finally disposed of; or
(&) on the expiry of his term of office as a member
of the gram panchayat or on his otherwise ceasing to be such member; or
28
{c) on his election as president of the Panchayat
Samithi:
Provided that such cessation shall not in any way affect
his continuance as member of the gram panchayat.
(2) The Upa-Sarpanch shall cease to hold oflSce as
such—
( ) on the expiry of his term of office as a member
of the gram panchayat or on his otherwise ceasing to be such member; or
( ) on his election as Sarpunch of the gram pancha
yat.
25. (1) Save as otherwise provided by or under this Act, Powen ana the Sarpanch sh a ll-
(a) make arrangements for the election of the Upa
Sarpanch within one month from the date of occurrence of the . vacancy;
(b) convene the meetings of the gram panchayat and
the Gram Sabha;
(c) have full access to the records of the gram pan
chayat;
(d) exercise administrative control over tlie execiilii»e
officer, if there is one, for the purpcse of in^>lemcntatte- of the resolutions of the ^am panchayat or any committee thereof; and
(e) exercise all the powers and perform all the func
tions specifically conferred or imposed on the Sarparach by this Act or the rules made thereunder.
(2) It shall be the duty of the Sarpanch or the per son for the time being exercising the powers and performing the functions of the Sarpanch to convene the meetings of the gram panchayat so that at least one meeting of the gram panchayat is held in every month. If the Sarpanch or such person fails to discharge that duty with the result that no meeting is held in a consecutive period of three months, he shall, with effect from the date of expiration of period of three months aforesaid, cease to be the Sarpanch, or as the case may be, cease to exercise the powers and perform the functions of a Sarpanch, unless such cessation has otherwise occurred before that date, and for a period of one year frcrni such date, he shall
94
i*ot be eligible to be dected as Sarpandl or to Zeroise the powers and perform the functions of the Sarpanch.
D«v«iuti(w 26. (1) When the office of Sarpanch is vacant, the Upa uddeiega* Sarpanch shall exercise the powers and perform the fiuewS tions of the Sarpanch imtil a new Sarpanch is declared elee- ' ted and assumes office.
* (2) If the Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained, by sm a order of a court from exercising the powers and performing the functions of the Sarpanch, his powers and functions during such absence or restraint shall devolve on the Upa-Sarpanch.
(3) When the office of Sarpanch is vacant or the
paneh has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a court from exercising the powers and performing the functions of
the Sarpanch and there is either a vacancy in the office of Upa-Sarpanch or the Upa-Sarpanch has beai contfaiuol^y absent from jurisdiction for more than fifteen days or is t^s trained by an order of a court from exercising -the powers and f^fonning the functions of the Upa-Sarpanch, the powers and functions of the Sarpanch shall devolve on a member of a gram panchayat elected in the prescribed manner from among the members of the gram panchayat at a meeting convened and presided over by the Extension Officer (Pancha
yats).
The member so elected shall be styled as the tempo rary Sarpanch and he shall exercise the powers and perform the functions of the Sarpanch until a new Sarpanch or Upa Sarpanch is declared elected or either the Sarpanch or the Upa-Sarpanch returns to jurisdiction or ceases to be restrained by an order of a court, as the case may be.
(4) The Upa-Sarpanch or the temporary Sarpanch elected under sub-section (3), shall report to the Dis trict Panchayat Officer, any vacancy in the office of Sarpanch within one month from the date of occurrence of such vacancy.
(5) Subject to such rules as may be prescribed, the Sarpanch may, by an order in writing, delegate any of his powers and functions, with such restrictions and conditions
2S
as may be specified in the order, to the Upa-SarpancK or In case there is a vacancy in the office of Upa-Sarpanch or the Upa-Sarpanch has been continuously absent from jurisdic tion for more than fifteen days or is restrained by an order of a court from exercising his powers and performing his func tions, to any member.
(6) The reference to the powers and functions of Sar panch in sub-sections (1), (2), (3) and (5) shall, where he is also the executive authority, be deemed to include a reference to his powers and functions as executive authority.
(7) The Sarpanch shall have power to control and revise the exercise of any powers or the performance of any functions devolving on the Upa-Sarpanch under sub-seclion (2) or delegated to the Upa-Sarpanch or any member imder
sub-section (5).
27. The Commissioner may, by order, for sufficient cause Eemoveiof to be specified therein, remove the temporary Sarpanch appointed imder sub-section (3) of section 26 after giving him an opportunity to show cause against such removS.
28. (1) Any member may call the attefttion of the exe- ^ cutive authority to any neglect in the execution of gram panchayat work, any waste of gram panchayat property or to the wants of any locality and may suggest any improve ments which may appear desirable and thereupon, the exe cutive authority, shall C3?plain at the nact meeting of the gram panchayat, the action, if any, that, has been taken or is pro posed to be taken with reference to, the matter to which attention has been called, or the improvements suggested by the member.
(2) Every member shall have the right to move resolu tions and to interpellate the Sarpanch on matters Connected with the administration of the gram panchayat, subject, to such rules as may be prescribed.
(3) Every member shall have access during office hours to the records of the gram panchayat after giving due notice to the executive authority, provided that the executive autho rity, may, for reasons given in writing, forbid such access:
Provided that the member who has been denied such access may prefer an appeal to the Extension Officer (Pan dhayats) whose dedsion tJiefeop sbaH b? final,
No Saipanoh Upa-Sai
psneh or
member to receive re munefbtion.
Appoint*
ment of
executive olflcers
for certain gram
papchayata
26
29. No S ^ a iich , Upa-Sarpaneh or member shall re ceive, or be paid from the funds at the disposal of or under the control of the gram panchayat, any salary or other remuneration for services rendered by him whether in his capacity as such or in any other capacity.
30. (1) A whole-time executive officer shall be appointed by the Commissioner for, any ^am panchayat or for any group of contiguous gram pandiayats which may be notified by him in this behalf:
Provided that before notifying a ^oup of gram panchayats under this sub-section, the CommissioneT shall obtain the approval of the Gk)vemment.
1
(2) The Commissioner shall specify in the notification issued by him under sub-section (1) in respect of a
of gram panchayats, the names of the gram panchayats whidi shall pay the salary and allowances of the executive officer and the proportion in which the expenditure incurred on such salary and allowances shall be borne by every gram panchayat in that group.
(3) In the case of every gram panchayat not so notified and also in the case of any gram panchayat so notified if there is no executive officer in charge, the Sarpanch of the gram panchayat shall, subject to such rules as may be presciibed, exercise the powers and perform the functions of the executive officer.
(4) Save as otherwise prescribed, no executive officer appointed under sub-section (i) shall undertake any work unconnected w?th his office without the sanction of the Gov ernment.
(5) The gram panchayat or group of gram panchayats notified under sub-«ection (i) shall pay the executive officer such salary and allowances as may, from time to time, be fixed by.the Government.
(6) The gram panchayat or group of gram panchayats aforesaid shall also make—
{a) if the executive officer is in the service of the Government, such contribution towards his leave allowances, pension or provident fund or pension-cum-provident fund as may be required by the conditions of his service under the Gpvewnent to be mftde by him oy on his behalf; ao4
27
(6) if the executive officer is not in the service of the Government, such contribution towards his leave allow ances, pension and provident fund as may be prescribed in this behalf.
(7) The executive officer shall be subordinate to the gram panchayat.
(8) The Government shall have power to regulate the classification, methods of recruitment, conditions of service, sallary and allowances, and discipline and conduct of the executive officers appointed under sub-section (1).
81. The executive officer shall ordinarily attend theFuMUoMof meetings of the gram panchayat or of any committee thereof and shall be entitled to take part in the discussions thereat, but he shall not be entitled to vote or to move any resolution.
82. The executive authority shall— Funettora of executiTe
(fl) be responsible for implementing the resolutions
of the gram pandhayat and of the committee thereof:
Provided that where the executive authority considers &at a resolution has not been legally passed or is in exoess of the powers conferred l)y this Act or that if carried out, it is likely to endanger human life or health or the.public safety,
the executive authority shall—
(i) where he is the Sarpanch, directly,
(ii) where he is not the Sarpanch, through the
Sarpanch,
refer the matter to the Commissioner for orders, and his decision shall be final;
{b) control all the officers and servants of the gram panchayat;
(c) exercise all the powers and perform all the func tions specifically conferred or imposed on the executive authority by or xmder this A c t and subject to all restrictions and conditions imposed by or under this Act, exercise the executive power for the purpose of carrying out the provi sions of this Act and be directly responsible for the duQ fulfilment of the purpose thereof.
ss
83. In case of emergency, the Sarpaneh may, in consui
S»PBiich. Mion widi the exeeutive officer, if any, direct ^ e execution of any work or the doing of any act which requires the sanction of the gram panchayat or any of its committees and the immediate execution or the doii^ of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this section and the reasons therefor to the gram panchayat or concerned cconmittee at its next meeting:
Provided that he shall not direct the execution of atiy
work or the doing of any act in contravention of any order of Govenmient.
84. The Commissioner may, by general or special ordfer
authorise the H edth Officer of the district to exercise such of the functions of an executive authority imder this A c t in
ter^casecisuch area and subject to such restrictions and conditioEffi aud to such consol and revision as may be specified in such order.
^ubjecft to such restrictions and control as may be
oi M^n^veprescribed, the executive au^ority may, by an order in withority. writing, delegate any of his functions as such—‘
(i if he is the Sarpaneh, to the Upa-Sarpanch and
in the absence of the Upa-Sarpanch, to any other toember;
(a) if he is not the Sarpaneh to the Sarpaneh; in the absence of the Sarpaneh, to the Upa-Sarpanch; and in the absence of both the Sarpaneh and the Upa-Sarpanch, to any other member.
The exercise or discharge of any fimctions so del^atcd
shall be subject to such restrictions and conditions as may be laid down by the executive authority and shall also be subject to his control and revision.
Offlons and 86. (1) Subject to such rules as may be made under sub section (2) , the Commissioner shall fix, and may alter, the ^t^pan designations and grades of, and the salaries, fees and allowances payable to the officers and servants of every gram panchayat, other than the executive officer:
Provided that in an emergency, the Sarpaneh may,
subject to such rules as may be prescribed, employ tempor arily additional officers and serrants.
(2) The Government shall have power to make ruled regarding the authorities who may appoint the officers and servants of gram panchayats, other than the executive officers, and the classification, methods of recruitment, salary and allowances, discipline and conduct and conditions of service of such officers and servants.
Such rules may provide for the constitution of any
class of officers or servants of gram panchayats, other than the executive officers, into a separate service for the whole of the State, or any part thereof.
(3) Two or more gram panchayats may, subject to
such Tules as may be prescribed, and shail, if so required by any authority empowered in this behalf by rules, appoint the same officer or servant to exercise or perform any powers of functions of a similar nature for both or ^11 of them,
(4) Notwithstanding anything in this Act, any
officer or servant of a gram panchayat, including the executive officer, may be transferred to the service of any other gram panchayat, by the Commissioner.
The authority making a transfer under this sub-seo
tioB may issue such general or special direcftions as may, in its opinion, be necessary for the purpose of giving due effect to such transfer.
(5) The Gommissioaer may recover from a gram
panchayat the whole or sudi proporticMi of the salary and allowances paid to any officer or servant of the gram panchayat other than th/2 executive officer and such contribution towards his leave allowances, pension or provident fund or pension-cam-provident fund as the Government may, by general or special order, determine in the following cas^ namely;—
{a) where such officer or servant was appointed
to the service of the gram panchayat by the Government; and
(6) where such officer or servant is an employee of the Government.
(6) All officers and servants of the gram panchayat
shall be subordinate to the gram panchayat, and save as other wise provided in this Act or the rules made thereunder and subject to such restrictions and control and such rights of appeal as may be prescribed in such rules, the Sarpanch may—
30
(a) appoint all officers and servants of the gi'atn patl*
chayat;
(b) grant leave to any such officer or servant; and
(c) for any good and sufficient reason, censure, fine,
withhold increments or promotion or reduce to a lower rank in the seniority list or to a lower post or time-scale or to a lower stage in a time-scale, suspend, remove or dismiss any such officer or servant.
(7) The provisions of this section shall also apply
to the public health «tablishments of gram p^chayats, notwithstanding anything in the Andhra Pradesh' (Andhra A9t in Area) Public Hesdth Act, 1939 or any other law similaT there to for the time being in force in the State.
(8) (t) Notwithstanding anything in this Act, and
subject to such rules as may be prescribed, the Ck)mmis
sioner may—
(a) appoint such engineering and other staff as
he considers necessary for the purposes of any gram panchayat and recover from it the salary and allowajices paid to the mem bers of such staff and such contribution towards their leave allowances, pension or provident fimd or pension-ctm provident fund as he may, by general or special order, determine;
(b) appoint a common engineering or other staff
for the purposes of two or more gram panchayats and recover from each of the gram panchayats concerned such proportion of the salary and allowances paid to the members of such staff and such contribution toward their leave allowances, pension or provident fund or pension-cttwi-provident fund as hp may,
by general or special order, detennine.
(») The pay and allowances and conditions of ser
vice of any member of the staff i^pointed under clause (t) shall be such as may be prescribed.
Picridency 37. (1) Save as otherwise provided by or under this at meetiivi. evcry meeting of a gram pandiayat shall be presided over by the Sarpanch, in his absence by the Upa-Sarpanch and in the absence of both the Sarpanch and Upa-Sarpanch, by a member chosen by the meeting to preside for the occasion.
(2) The Sa^anch shall preserve order and decide all points of order arising at or in connection with meetings.
t t
There shall be no discussion on any point of order and tHe decision of the Sarpanch on any point of order shall, save as otherwise expressly provided in this Adt, be final.
(3) A Upa-Sarpanch or member presiding for the occasion shall, for that meeting and during the period that he presides over it, have all the povi^ers of the Sarpanch.
38. A copy of the minutes of the proceedings at every Minutes of meeting of a gram panchayat as well as of airminutes of dis sent in respect of such proceedings received from any member, other than the Sarpanch, present at the meeting, within 48 hours of the close thereof, shall be forwarded by Sarpandv within three days of the date of the meeting to the District Panchayat Officer and to the Panchayat Samithi;
Provided that the Commissioner may direct tha^t such niinutes shall be forwarded either generally or in any speci
fied classes of cases to any other officer empowwred by him in this behaK.
39, A gram panchayat or a committee thereof may, at Powet to any of its meetings, require the executive authority to furnish any-document in his ctistody, in so far as such document re lates to any of the subjects included in the agenda for such meeting and the executive authority shall comply with every such requisition.
40.. (i) For every gram panchayat there shall t>e consti-^*^!^^ tuted functional committees respectively for agriculture, public health, sanitation and communications.
(2) In addition to the committees referred to in sub section (i), a gram panchayat may, with the approval of the Commissioner, constitute one or more committees for the pur poses of this Act.
(3) The constitution and powers of a functional com mittee shall be in accordance with such rules as may be pres cribed:
Provided that a gram panchayat, if it so decides, may
co-opt as members of a functional committee persons who are not members of the gram panchayat and who are interested in the subject for which that committee is constituted.
41. (I) The proceedings of every gram panchayat and of Pioceeding. all committees thereof shall be governed by the rules contain m 3ohedi|le I and s«?h pthcr rqles as may be nrescribed yata and
Al^cdnt ment of Joint COB. mltteei.
n
and bysregUlations, not incoaisistent with such rules or the pre visions of this Act, made by the gram panchayat with the approval of the Commissioner.
(2) The G5ommissioner diall have power to add to., omit or alter any regulations submitted for his approval under sub-section (1).
f8) th e rules that may be prescribed under suh' section^(l) may provide for preventing any member oy Sarpaneh or any member or cl^rman of a conttnittee iram voting on, or taking part in the discussion of, any matter in wltdch ftpait from its general application to public, be has any direct or indirect pecuniary intereirt whether by Irim self or through some other person, or from being present or presiding at any meeting of Ac gram panchayat or of the com mittee during the discussion of any sudi matter.
42. (I) A gram panchayat may, and if so required by the Government shall, join with one, or more than one,'other local authority in constituting a joint committee for any purpose in which they are jointly interested or for any matter for which they are jointly responsible.
Explanation.— In this sub-section, the expression “purpose” shall include the levy jointly of any tax which the gram panchayat and the other local authority are em powered to levy under this Act or any other law.
{2) A joint committee may include persons who are not members of the local authorities concerned but who may in their opinion possess special qualifications or special inte rest for serving on such committee:
Provided that the number of such persons shall not exceed one-third of the total number of members of the joint committee.
(3) The constitution of a joint committee shall be governed by means of regulations which shall not, except in the cases referred in sub-sections (8) and (9), have effect unless assented to by each of the local authorities concerned.
(4) The regulations shall determine—
(a) the total number of members of the joint comittee;
(fc) the number of members who shall be members of the local authorities concerned ^ d the number of men^bers >yl}0may be putsi^^J
ss
(c) the persons who shall be members of the joint
committee or the manner in which they shall be elected or appointed;
(d) the person who shall be chairman of the joint
committee or the manner in which he shall be elected or appointed;
(e) the term of office of members and chairman:
(/) the powers being powers exercisable by one or
more of the local authorities concerned which may be exercised by the joint committee and the powers being powers cxercisable by one or more of the executive authorities of the local authorities concerned which may be exercised by the chairman of the joint committee;
(g) the number, designations and grades of the officers and servants of the joint committee and the salaries
and allowances payable to them;
(h) the funds from which the cost of the officers
and servants of the .join^ committee shall be met and ,the apportionment of such cost among the local authorities Con cerned;
(i) the authorities competent to exercise the powers
specified in sub-section (6) of section 36 in relation to the officers and servants of the joint committee;
(j) the cpntributians, if any, to be made by cach of
the local authorities concerned to the joint committee;
(k) the returns to be furnished by the joint com
mittee to the local authorities coneeraed;
(I) the procedure of the joint committee,
(5) Regulations made under sub-sections (3) and
(4) may be varied or revoked provided that all the local authorities concerned assent to such variation or revocation.
(6) The officers and servants of the joint committee shall be subject to all the rules governing those of the local authorities concerned as regards qualifications and conduct.
(7) The dissolution of a joint committee or the mth
drawal of any local authority concerned from a joint committee, shall be subject to such rules as may be prescribed.
(8) The Government may issue sucH directjonsr as they think necessary or desirable ip respect of any of ^ 5
matters mentk)ned in sub-sections (3) and (4) and the dis tribution of. the assets and liabilities of the joint committeei amonpf the local authorities concerned either on the dissolu tion of the joint committee or on the withdrawal of any such local authority from the joint committee.
(9) If any difference of opinion arises between local
authorities, under any of the foregoing provisions of this section, it shall be referred to the Government whose decision shall be final.
(10) The powers of the Government under this section
shfill, where one of the local authorities concerned is a canton ment authority or th« port authority of a major port, only be extrcisable with the concurrence of the Central Govern ment.
(11) For the purposes of this section, “ local authority”
shall be deemed to include a village co-operative society.
^^•port. 43- (i) Every gram panchayat shall submit to the Pan diayat Samithi a report on its administration for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details,
and through such authority as may be prescribed.
(8) The report shall be prepared by the executauthority and the gram panchayat shall consider it and for ward the same to the Panchayat Samithi with its resolution thereon, if any.
(8)" Every Panchayat Samithi shall furnish to the
Zilla Parishad and every ZiUa Parishad shall furnish to the Commissioner within such time as may be jwescribcd, a consolidated report on the administration of gram panchayats within its jurisdiction.
(4) The Commissioner shall furnish to the Govement a general report on the administration of gram pan chayats in the State during the year and the Government shall, on receipt of such report, cause a copy thereof together with their review thereon, to be laid on the table of the Andlira Pradesh Legislg.tive Assembly,
17-3 ?.-./\urb2r;do M«|,NiwBelfei4 l§eil
DOC. No....................... ...........
44. No act of a gram panchayat or of a committee thereof or of any person acting as Sarpanch, Upa-Sarpanch, chair-chayats, etc. man or member of such gram panchayat or committee shall be deemed to be invalid by reason only of a defect in the estab- by infornw hshrhent of such gram panchayat or committee, or on the ground that the Sarpanch or Upa-Sarpandi, chairman or any member of such gram panchayat or committee was not entitled to hold or continue in such office by reason of any dis qualification or by reason of any irregularity or illegality in his election, or nomination or by reason of such act haying be^n done during the period of any vacancy in the office of Sar panch, Upa-Sarpanch, chairman or member of such gram panchayat or commiUee.
45. (i) The Comnxissicmer shall supervise the acteoiais^ Powmof tration of all gram panchayats in the State and shall also exer^ cise the powers and perform the functions vested in him by or tending oflU
under this Act. tSTa^vem^
(2) (a) The Government may appoint such other officers as Aey may consider nectssary for the purpose of inspectiog or superintending the operations of all or an^ of the gram panchayats constituted under this Act.
(fe) In particular and without prejudice to the
generality of the foregoing provision, the Govera*oent may appoint District Panchayat Officers, Divisional FaiicbayM Officers and Extension Officers (Panchayats) and define the territorial jurisdiction of each such officer.
{c) The Government diafl have power to re|^at(:
the classification, me^ods of recruitment, conditions of ser vice, salary and allowances and discipline and condiict of the officers referred to in clauses («) and (6) m l of the members of their establishment.
(3) The cost of the officers and the meattbers of the
establishment aforesaid shall be paid out of the Consolidated ¥und of the State.
(4) The District Panchayat Officers, the Divisional
Panchayat Officers and the Extension Officers (Panchayats) shall exercise such powers and perform such fimctions as may be prescribed, or as may be delegated to them under this Act.
(5) The Commissioner or the District Collector or foiy
officer appointed imder sub-section (2) or any other officer or
person whom the Government or the Commissioner or the District Collector may empower in this behalf, may enter on and inspect, or cause to be entered on ajid inspected—
(fl) any immovable property, or any work in pm
gress imder the control of any gram panchayat or executive officcr;
(b) any school, hospital, dispensary, vaccination
station, choultry, or other institution maintained, by or under the control of, any gram panchayat and any records, registers «• other documents Kept in such institution;
(c) the office of any gram panchayat and any re
cords, registers or other documents kept therein.
Gram Panchayats ajnd their Sarpanchs, executive
authorities, officers and servants shall be bound to afford to the officers and persons aforesaid, such access, at all reasonable times, to gram panchayat property or premises, and all docu ments as may, in the opinion of such officers or persons, sub ject to such rules as may be prescribed, be necessary to enable them to discharge their duties under this section.
(6) The Commissioner or any officer or person whom the <3ovemment, or the Commissioner may empower in this behalf may—
(a) direct the gram panchayat to make provision
for and to execute or provide any public work or amenity or service of the description referred to in section 54;
(fe) call for any record, register or other document
in the possession, or under the control, of any gram panchayat or executive audiority;
(c) require any gram panchayat, or execuauthority to furnish any return, plan, estimate, statement, account or statistics;
(cf) require any gram panchayat, or executive
authority to furnish any information or report on any matter connected with such gram panchayat;
(e) record in writing for the consideration of gram panchayat, or executive authority any observations in re gard to its or his proceedings or functions.
46. (i) The Commissioner may, by order in writing—
(i) suspend or cancel any resolution passed, order'lution, issued, or licence or permission^granted, or
(n) prohibit the doing of any act which is about to
be done or is being done, in pursuance or under colour, of this Act if, in his opinion,—
(a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised, or
(&) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law or an abuse of such powers or is considered by the CommissiofQer to be otherwise undesirable, or
(c) the execution of such resolution or order, or the
continuance in force of such licence or permission, or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or an affray:
Provided that nothing in this sub-section shall enable
the Gommissioner to set aside any election which has been held.
(2) The Commissioner shall, before taking action on
any of the groimds referwd to in clauses (a) and (&) of sub section (1), give the authority or person concerned an opportunity for explanation.
(3) The power conferred on the Commissioner under
clause (c) of sub-section (1), may be exercised by the District Collector in accordance with the provisions of that clause.
47. Subject to such control as may be prescribed, the
Commissioner or the District Collector may, in cases of emer- commission- . . , , erand Dlst gency, direct or provide for the execution of any work, or theifctcoUector. doing of any act which a gram panchayat or executive autho rity is empowered to execute or do, and the immediate execu tion or doing of which is in his opinion necessary for the safety of the public, and may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the gram panchayat fund in priority to any other charges against such fund exccpt charges for the service of authorised loans.
Control 48. The administration by a gram panchayat of atty aundertaking for the generatioi^ transmission, supply or use of cfg4m p^-electrical energy shall be subject to such control as may be chayats. prescribed, not inconsistent with the provisions of the Indian
Electricity Act, 1910, or the Electricity (Supply) A c t,^ ‘[S\^®* 194.8, as in force for the time being, the rules made under those Acts, and the terms of the licence granted thereunder to the Central Act gram panchayat. of194,8.
Powerto 49- (*) it appears to the Commissioner takeaction that a gram panchayat, Sarpanch or executive authority has •V»m'pM-®ade default in performing any duty imposed by or under ohayat, ’ this OFany other Act, he may, by order in writing, fix a period SSSti^e” performance of such duty.
ntbority.(2) If such duty is not performed within the period so fixed, the Commissioner may appoint some person to perform it and may direct that the expense of performing it
shall be paid by the person having the custody of the gram panchayat fund in priority to any other charges against such fund except charges for the service of authorised loans.
Removal of 5®’ ( 0 Commissioner may, by notification and Sarpanch. with eflPcct from a date to be specified therein, remove any p «^ h o r Sarpanch or Upa-Sarpanch who, in his opinion, wilfully members, omits or rcfuscs to Carry oiit or disobeys the provisions of this
Act or any rules, bye-laws, regulations or lawful orders issued thereunder, or abuses the powers vested in him.
(2) The Commissioner may, by notification and with effect fro ma date to be specified therein, remove any member who, in his opinion, is guilty of any misconduct in exercising or purporting to exercise the rights conferred or performing or purporting to perform the functions imposed by or under this Act.
(3*) The Commissioner shall, when he proposes to take
action under,sub-section (1) or sub-section (2), give the Sarpanch, Upa-Sarpanch or member concerned an oppor tunity for explanation and the notification issued shall contain a statement of the reasons for the action taken.
(4) Any person aggrieved by an order in a notifica tion issued under sub-section (1) or sub-section (2) may, within thirty days from the date of publication of such noti fication prefer an appeal to the Government and the Govern ment may, pending a decision on such appeal, postpone the
89
date specified in such notification; and shall, in case the appeal is allowed, by order, cancel such notification.
(5) If any notification issued under sub-section (1)
or sub-section (2), is cancelled under sub-section (4), the person, if any, elected as Sarpanch, Upa-Sarpanch or mem ber between the date of such notification and the date of cancellation thereof, shall cease to hold the office to which he is so elected and the person in respect of whom such noti fication was first issued shall be restored to office from the date of cancellation of such notification.
(6)’ Any person in respect of whom a notification has
been issued under sub-section (1) or sub-section (2) remov ing him from office of Sarpanch, Upa-Sarpanch or memjber shall, unless the notification is cancelled under sub-section
(4), be ineligible for election as Sarpanch or Upa-Sarpanch
or for election as member or from holding any of those offices for a period of three years from the date from which his removal from office has taken eflFect.
51. (i) ' A motion expressing want of confidence in the Motion «» Sarpanch or Upa-Sarpanch may be made in accordance with the procedure laid down in the following sub-sections. pmeb.
(2) A written notice of intention to make the motion, in such form as may be prescribed, signed by not le® than one-half of the total strength of the gram panchayat, to gether with a copy of the proposed motion shall be delivered in person by any two of the members signing the notice, to the Revenue Division^ Officer and in die absence of mcE officer to such other o ffic e r s the District Collector may appoint in this behalf.
(3) The concerned officer specified in sub-section (2) (hereinafter in this section referred to as the said officer) shall then convene a meeting for the consideration of the motion at the office of the gram panchayat on a date appoint ed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him. He shall give to the members notice of not less than fifteen clear days of such meeting in such manner as may be prescribed:
Provided that where the holding of such meeting is stayed by an order of a court, it shall be adjo«med; and the said
40
dfficer shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the in timation about the vacation of stay after giving to the members notice of not less than fifteen clear days of such adjourned meeting.
(4) The said officer shall preside at such meeting. The quorum for such meeting shall be two-thirds of the total strength of the gram panchayat.
Explanation.— In the determination of two-thirds of the total number of members imder this section, any fraction arrivied at shall be construed as one.
(5) Save as otherwise provided, a meetinpr convenied for the purpose of considering a motion under this section shall not for any reason be adjourned.
. (6) If within one hour after the time appointed for
the meetinsr there is no quorum, the meeting shall stand dis solved and the notice given under sub-section (2) shall lapse.
(7) As soon as the meeting convened under this section commences, the said officer shall read to the gram pan chn^'at the motion for the rnnsideration of which the meeting? has been convened and shall put it to vote without any debate.
(8) The said officer shall not speak on the merits of the motion and he shall not be entitled to vote thereon.
(9) A copy of the minutes of the meeting, together with a copy of the motion and the result of the voting thereon, shall be fonvarded forth-w^th on the termination of the meeting, by the said officer to the Commissioner. The said officer shall also forward at the same time to each member present at the meeting a copy of the motion and the result of the voting thereon.
(10) If the motion is carried with the support of not less than two-thirds of the total strength of the gram pancha yat, the Sarpanch or Upa-Sarpanch, as the case may be, shall forthwith cease to function as such and the Commissioner shall, as soon as may be, bv notification, remove the Sarpanch or the Upa-Sarnanch, as the case may be, and arrange in the manner prescribed for the handing over of any documents, monevs or other properties of the gram panchayat by the person so removed:
Provided that no election to the office of Sarpanch or Upa-Sarpanch shall be held until after the notification remov
41
ing the Sarpanch or Upa-Sarpanch, as the case may be, is published.
(11) If the motion is not carried by such a mojority
as aforesaid or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same Sarpanch or Upa-Sarpanch shall be received until after the expiration of one year from
the date of the meeting.
(12) The Government shall, by notification in the
Andhra Pradesh Gazette, appoint another officer to discharge the functions specified in sub-sections (4) to (10) if for any reason the said officer is unable to discharge those func tions. The said officer shall forward to such other officer a copy of the notice of motion referred to in sub-seetibn (2) and a copj’- of the notice of the meeting issued under sub section (3) and such other officer shall attend the meeting
convened for the consideration of the motion. If for any reason the said officer is imable to preside at the meetog, such other, officer shall preside at the meeting' and in such a case all the provisions of this section applicable to the said officer shall apply to sueh other officer.
(13) No notice of a motion under this section shall be made within one year of the assumption of office by a Sarpanch or Upa-Sarpanch as the case may be.
52. (i) If, in the opinion of the Commissioner, a gram Dissolution panchayat is not competent to perform qr-persistently ^^^kes default in performing the functions imposed on it by law o r^ m “ ' ° exceeds or abuses its powers, he may, by notification— panjUaya^s.
{a) direct that the gram panchayat be dissolved
with effect from a specified date and recMistituted either imme diately or with effect from another specified date, or
(b) supersede the gram panchayat for a period not exceeding one year from a specified date.
But the Commissioner may, in extraordinary cir
cumstances, extend the period of the supersession by a like notification beyond one year, so however that the total period of supersession shall not exceed one a.nd a half years.
Explanation.— For purposes of reconstitution of a
dissolved gram panchayat under clause (a), the vacancies in 6
42
the office of all the members shall be deemed to be causual •v^acaiicies. ,
(2) Before publishing a notification under sub-section (I ), the Commissioner shall communicate to the gram pancha yat the grounds on which he proposes to do so, fix a reason able period for the gram panchayat to show causc against the proposal, and consider its explanations and objections, if any.
•(3) On the date fixed for the dissolution or super session of a gram panchayat under sub-scction (i ), all its members including iis Sarpanch and Upa-Sarpanch shall forthwith be deemed to have vacated their offices as such.
(4.) (a) During the interval, if any, between the dis solution and the rcconstitution of a gram panchayat or during the period of its supersession, as the case may be, all or any of the powers and functions of the gram panchayat and of its Sar panch including where the Sarpanch is also the executive
authority, his powers and functions as such, may be exercise"! ami performed, as far as may be, and to such extent as the Commissioner may determine, by such person as the Com missionex” may appoint in that behalf, and an)' person other
than the executive officer who is so appointed may, if the Commissioner so directs, receive payment for his services from the gram panchayat.
(h) (?) Any person appointed as afnresai'l masubiect to such restrictions and conditiins as may be laid down by the Commissioner, delegate by an order in \vriting any of liis functions under clause (n) tn any officer nr ser vant of the pram panchayat and in the abscnce of such officer or servant of the gram panchayat, to any officcr or servant of the Covemment or of another gram panchayat o: of a Zilla Parishad.
(/") Tlie exorcise or disdiarpe of any functions
s^ (lelesrntrd shall )»e siihieet to sudi restrictions and com’i t’ons a': may be laid down by thp person referred to in rnb clause (/) and shall also be subjcct to his control. Any order passed in the exercise or discharge of any such func tions may he modified or cancelled hy the person aforesaid.
(5) The members of a reconstituted pram panchayat shall enter upon their office on the date fixed for its reconsti tution.
(G) When a gram pnnchavat is d’s^nlvrd or supersed ed under this section, the Government until the date of the jreconstitutioji thereof, and the reconstituted gram panchayat
43
thereafter, shall be entitled to all the assets and be subject to all the liabilities of the gram panchayat as on the date of the dissolution or supersession and on the date of the reconstitu tion rcspcctivcly.
53. The Government, the Commissioner or any other Powersof person lawtully taking action on behalf, or in default, of a"n"7nr*oT^* gram pancliayat under this Act, shall have such powers as arc inat-fuuit ncccssary for the purpose and shall be entitled to the same protection under tnis Act as the gram panchayat or its officers and I’iuOiUty or ser\ants wliose powers are exercised; and conipeasation shall be recoverable ffum the gram panchayat fund by any person suffering damage from tnc cxcrcis^ of such powers to the same extent, as if the action had been taken by the jjram panchayat or its otficers or servants.
C H A P T E R III.
P o w e r s ^ F u n c t i o n s a n d P r o p e r t y o f G r a m P a m c h a y a t s .
54. (I) Subject to the provisions of this Act and the r>uty of rules made thereunder, it shall be the duty of a grain pancha yat within the limits of its funds, to make reasonable provision for carrying out the retjuirements of the village in respect of m&iiw. tlie I'ollowing matters, namely:—
(i) the construction, repair and maintenance of all buildings vested in the gi am panchayat and o£ ajil public roads in the village (other than the roads vesting in the Pancha yat Samithis and Zilla Parishads and the roads classified by the Government as National and State Highway!) and of all bridges, culverts, ruad-dunis and cause-ways un such roads;
(//) the lighting of public roads and public places;
(m) the construction of drains and their main
tenance and the disposal of drainage w^ater and sullage; (iv) the cleaning of streets, the removal of rubbish
heaps, jungle growth and prickly-pear, the filhng in of.dis used wells, insanitary ponds, pools, ditches, pits or hollows and other improvements of the sanitary condition of the village;
(y) the provision of public latrines and arrange
ments to clcan latrines, whether public or private;
(vi) the opening and maintenance of cremation and burial-grounds, and the disposal of imclaimed dead bodies ui‘ huiiiun beiiigs or of aiiiumli;
Fewerbf gram
topreri fer certain other mat ten.
44
(vii) preventive and remedial measures comiectewith any epidemic or with malaria;
{viii) the sinking and repairing of wells, the excava tion, repair and maintenance of ponds or tanks and the construction and maintenance of water-works, for the' supply of water for washing and bathing purposes and of protected water for drinking purposes;
(m?) the conservation of manurial resources* pre paration of compost and sale of manure;
(;t) the registration of births and deaths;
(,xi) the establishment and maintenance of cattle pounds; and
{xii) all other matters expressly declared obligatory by or tmder this Act or any other law.
(2) No suit for damages for failure or for enforcementof the duty to make provision in respect of any of the matters specified in sub-section (i) shall be maintainable against any gram panchayat, executive authority, officer or servant of the gram panchayat.
55. Subject to the provisions of this Act and the rules made thereunder, a gram panchayat may also make such pro vision as it thinks fit for carrying out the requirements of the village in respect of the following matters, namely :—
(i) the construction and maintenance of dharmasalas, sarais and rest-houses for travellers;
(n) the planting and preservation of groves and trees on the sides of roads and other public places;
{Hi) the promotion and development of pre-primary education, elementary education, social and health education, cottage industries and trade;
(iv) the establishment and maintenance of dispen saries and the payment of subsidies to rural medical practi tioners ;
(u) the establishment and maintenance of wireless receiving sets, playgrounds, akhadas, clubs ^nd other centres for recreation and physical culture;
{vi) the laying and maintenance of parks;
{vii) the establishment and maintenance of libraries •nd reading rooms;
45
{viii) the provision of relief to the crippled, the des titute and the sick;
{ix) the establishment and maintenance of nurseries and stores of improved seeds and agricultural implements, the production and distribution of improved seeds, pesticides and insecticides and the holding of agricultural shows includ ing cattle shows;
{x) the propagation of improved methods of cultiva tion in the village including laying out of demonstration plots with a view to increasing production;
{xi) the encouragement of co-operative management of lands in the village and the organisation oJ joint co-opcia tive farming;
{xii) the establishment and maintenance of.w;arehbuses
and granaries;
{xiii) the establishment and maintenance of cattle sheds;
(xiv) the extension of village sites;
(^xv) the improvement of cattle
and mamtenance of stud bulls and the provision nary relief;
{xvi) the control of fairs, jataras and festivals;
{x'vii) the establishment and maintenance of mater nity and child-welfare centres;
(xviii) the organisktiofli of voluntary labour for com munity development works in the village;
{xix) the organisation of watch and ward;
{xx) the provision of relief against' famine or other calamities;
(a:Ari) the destruction of stray and ownerless dogs; {xxii) the preparation of statistics of imemployment; (xxiii) the opening and maintenance of public markets; {xxiv) the opening and maintenace of public slaughter-houses;
the implementation of land reform measures in the villa^ including consolidation of holdings and soil conservation;
46
^^xxvi) the setting up of organisation to promote
goodwill and soc.'al harmony between different communities, the removal of untouchubility, the provision of house silcs for harijans, the eradication of corruption, the prohibition of or tempeianee hi the consumption of intoxicating drinks or drugs which are injurious to health and the discourage ment of gambling and htigation;
(xxvii) other measures of public utility calculated
to promote tne safety, health, convemence, comtort or moral, sotul and material well-being of the residents of the village.
M«int«nane* S®- Subject to the provisio'ns of this Act and the rules made of common thereunder, two or more gram panchayats may establish and child-weifMe ^^aintain common dispensaries, child-welfare centres and ins owtms, etc. titutions of such other kind as may be prescribed.
Tr»n«fer of57. ( I ) Subject to any law for the time being iMna^ment^c Goverrmient may, by notihcation in the Andhra i'radesh o Gazette transfer to any gram panchayat with its consent and subject to sucli conditions as may be agreed upon, the manage ment and maintenance of a forest adjacent to the village; and they may, by a like notification, withdraw management and maitttenahce of such forest from the gram panchayat after giving an opportunity to the gram panchayat to make its re presentation.
(2) When the management and maintenance of any forest is transferred to gram panchayat under sub-section ( i ), the income derived by the gram panchayat from the forest under its management and maintenance or the expenditure incurred by the gram panchayat for such amanagement and maintenance shall be apportioned between the Government and the gram panchayat in such manner as the Government may, by order, determine.
Transfer to pacicha\ntB of institu tions or works.
58. ( I ) Subject to such rules as may be prescribed, the Government, the Board of Revenue, the District Collector, or the Revenue Divisional Officer, the Panchayat Samithi or Zilla Parishad or any person or body of persons, may transfer to the gram panchayat, with its consent and subjcct to such con ditions as may be agreed upon, the management of any insti tution, or the execution or maintenance of any \vork, or the exercise of any power or the discharge of any duty, whether within or without the village, and whether provided for in this Act or not.
47
(s) When the management of any institution is trans
ferred to the gram panchayat under sub-section (i ), all pro perty, endowments and funds belonging thereto, shall be field by the gram panchayat in trust for the purposes to which such property, endowments and funds were lawfully appUcable at the time of such transfer.
59. (i) {a) Subject to the control of the Government, the Board of Revenue may, by notification, make over to a Revenue to gram panchayat, with its consent, the management and super intendence of any charitable endowment in respect of which ^ntro*of powers and duties attach to the Board of Revenue under the of ihc Aiidhta Pradcsh (Andhra Area) Endow-
-11817. ments and Escheats Regulation, 1817, or any other law simi lar thereto for the time being in force and thereupon all powers aind duties attaching to the l^ard of Revenue in respect thereof shall attach to the gram panchayat as if it had been spe
cially named in the said Regulation or law, and the gram panchayat shall manage and superintend such endowment.
{b) The Board of Revenue may of its own motion,
and shall on a direction from the Government, by notificaticai in the Andhra Pradesh Gazette, resume the managemeiiit and superintendence of any endowment made over to a gram pan chayat under clause (a) and upon.such resumption, all the powers and duties attaching to the gram panchayat in rcspcct of the csttdowmcnt shal^ ccase and dtermine.
(2) The Government may assign to a gram panchayat with its conscnt a charitable inam resumed by the Government or any authority, provided that the net income from such inam can be applied exclusively to any purpose to which the funds of such gram panchayat may be applied; and may revoke any assignment so made.
(IJ) order of resnmptinn under elnuse (h) of snb*
section ( r ) or of revocation under sub-section (2), shall be passed unless the gram panchayat has had an opportunity of uiakinp: its representations.
60. A gram panchayat may accept donations for, or trusts j.imitation relatina: exclusively to, the furtherance of anv purpose lo of to which its funds may be applied. " d^'atlow and trusts.
48
*rr«^eT of gj, ( i) Notwithstanding anything in the Cattle Trespass centra
Act, 1 8 7 1 -
psn- - 1 1* • t
cimyat* and (i) evcry Cattle pound within the Imuts of a gram panchayat established and maintained by the Government at poun*. the commencement of this Act, shall stand transferred to the gram pamchayat;
{ii) any cattle pound so transferred to a gram pan
chayat, or a cattle poimd established by a gram panchayat under this Act, shall be maintained and controlled by the gram panchayat;
{Hi) a pound keeper for every catde pound referred,
to in clause {it), shall be appointed by the gram panchayat; and
(iv) all sums on account of fines and surplus unclaim- centr
ed sale proceeds realised under the Cattle "Ft-espaSS Act, 1871 ^ ^
in respect of any cattle pound referred to* in clause («) shall be credited to the gram panchayat fund.
(2) Subject to the provisions of sub-section (i), thccenu provisions of thfe Cattle Trespass Act, 1871 shall, as far as may ^ be, applicable to the cattle pounds referred to in clause (ii) of sub*section ( i ).
Vesting of public
roads in gram psD" Yshayat.
62. (i) All public roads in any village, other than National Highways, State Highways and roads vesting in Zilla Parishads or Panchayat Samithis, shall vest in the gram panchayat together with all pavements, stones and other materials thereof, all works, materials and other things pro vided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the gram panchayat fund or otherwise, in, aloingside or under such roads, and all works, materials and things appertaining thereto :
Provided that the gram panchayat shall take steps to re move encroachments on, and prevent unauthorised use of, any road other than a National Highway passing through the gram panchayat.
(2) The Government may, after giving an opportu nity to the gram panchayat of making a representation, by notification in the Andhra Pradesh Gazette, exclude from the operation of this Act any such public road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notification.
49
63. All rubbish, sewage, filth and other matter collected Collected by a gram panchayat under this Act shall belong to it. to b X ^ ‘ togiam
panchayat.
64. Any property or inome which by custom belongs to or has been administered for the benefit of, the villagers in property or common, or the holders in common of village land generally or of lands of a particular description or of lands under a chayat. particular source^^,of irrigation, shall vest in the gram paaicha yat and be administered by it for the benefit of the villagers or holders aforesaid,
65* (1) (a) Subject to such conditions and control may be prescribed, the Government may transfer to any gram works, exe panchayat the protection and maintenance of any village gation work, the regulation of turns of irrigation, or of distri- m»t, etc bution of water from any such irrigation work to the fields
depending on it.
(b)' Subject to such restrictions and control as may
be prescribed, the fishery rights in minor irrigation tanks and the right to auction weeds and reeds in such tanks and the right to plant trees on the bunds of such tanks and enjoy the u ^ ruct thereof shall vest in the gram panchayat.
(2) The gram panchayat shall have power, subject to such restrictions and control as may be prescribed, to exe cute kudimaramat in respect of any irrigation source in the village and to levy such fee and on such basis for the purposes thereof as may be prescribed:
Provided that nothing in this section shall be deemed to relieve the village community or any of its members of Its or his liability under the Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858, or any other law similar thereto for the time being in force, in respect of any irrigation source in the village, in case the gram panchayat makes default in executing the kudimaramat in respect of that irrigation source.
66. ( I ) Notwithstanding anything in the Andhra Pradesh vestingof (Andhra Area) Canals and Public Ferries Act, 1890 and the Andhra Pradesh (Telangana Area) Ferries Act, igi^theferriMia Fasli, the rnanagement of a public ferry in the Andhra amd of a Government ferry in the Telangana area, other than a ferry mentioned in sub-section (2), shall vest—
(a) in the case of a ferry connecting any public road under the management of a gram panchayat and lying whpT
ly sratfcantfee jurisdiction-of that gram pancfcayat, in such fram panchayat and in the case of a ferry connecting aJiy p a b ^ road under the management of a gram panchayat and lying within the jurisdiction of more than one gram panchayat, in a joint committee of the gram panchayats concerned;
(6) in the case of a ferry connecting any public road under the management of a Panchayat Samithi and lyii^ wholly within the jurisdiction of that Panchayat Samitm, in such Panchayat Saniithi and in the case of & ferry oonnectiB^ any public road under the management of a PaiMdiayat Sang^- thi and lying within the jurisdiction of more than one Pan- .chayat Saimthi, in a joint committee of the Panobayat Samithis concerned.
(2) The Government may, subject to such conditicfl® as may be agreed upon, transfer the management of any fetTy connecting a National Highway or a State Higli*^y
and lying wholly within the jurisdiction of a gram pancliayat or Panchayat Samithi to.such gram panchayat or'Panchayat Samithi and in case the said ferry is lying within the jurisdkJ tion of more thaai one gram panchayat or Panchayat Samrdii, to the Zilla Paridiad concerned.
(3) The constitution and powers of and the pro cedure to be adopted by any joint committee r^-erred to in sub-section (i) and the method of resolving any diffwerKC of opinion arising between the local authorities concenied in connection with the work of such committee shall be in aesSDr dance with such rules as may be prescribed.
(4) The income realised by a Zilla Parishad, Pancha yat Samithi or a gram panchayat from any ferry under its management under sub-section (i) or sub-section (2) i^all form part of its funds. The income realised by any johit com mittee referred to in sub-section (i) or by a Zilla Pariehafl imder sub-section (2) from a ferry under its management-fehi^ be apportioned in equal shares between the local authorities concerned and the amount so apportioned shall form part of the funds of such local authorities.
Explanation.— For the purpose of this section, the ex pression “public ferry” in relation to the Andhra area, and the expression “Government ferry” in relation to the Telangatia area, shall respectively have the meanings assigned to them in the Andhra Pradesh (Andhra Area) Canals and Public
ries Act, 1890 and the Andhra Pradesh (Telangana Area) Acta, Ferries Act, 1314 Fasli.
51
6y. ( i) The following porambokes, namely, grazii^ grounds, threshing floors, burning and burial grounds, cattleporambokes stands, cart-stands and topes, which are at the disposal of the q, Government and are not required by them for any specific chayat, etc. purpose, shall vest in the gram panchayat subject to such res trictions and control as may be prescribed.
(2) The Government may, at any time by notification in the Andhra Pradesh Gazette, direct that any porambokes referred to in sub-section ( i ) shall cease to vest in the gram panchayat if it is required by than for any specific purpose and thereupon such poramboke shall vest in the Government.
(3)* The gram panchayat shall also have power, sub
ject to such restrictions and control as may be prescribed, to regulate the use of any other poramboke which is at the dis posal of the Government, if the gram panchayat is authorisoi in that behalf by an order of the Government.
(4) The gram panchayat may, subject to such restric
tKMxs ai^ control as may be prescribed, plant trees on any poranahwdbe the use of which is regulated by it under sub sojtioa (3).
Explanation.— If any question arises whether a
is a poramboke or not, for the purposes of this section, the question shall be referred to the Gwemment whose decisioa shall be final.
68. Any immovable property which any gram panchayat in'mov*bie r£(pire for the purpose of this Act o*-any rules xnade^^^by 3 Act tJiercunder may be acqjiired under the provisions of the La^id-grampanch- {894. Acquisition Act, 1894 and on payment of the compensatisaibrL^^ awarded under the said Act, in respect of such propc^y a n d under the of any other charges incurred in acquiring it, the said property vest in the gram panchayat.
CH APTER IV.
T a x a t io n a n d F i n a n c e .
69. (r) A gram panchayat shall levy in the village— Taxeslevia- (a) a house-tax;
{b) a tax on professions, trades or callings (herein
after referred to as profesaon tax); and
(:C) such other tax as the Government may,
notification in the Andhra Pradesh Gazette, direct any gram
62
panchayat or class of gpram panchayats to levy subject to such rules as may be prescribed:
Provided that no such notification shall be issued and no such rule shall be made except with the previous approval of both Houses of the State Legislature.
(2) A duty shall also be levied on transfers of property situated in the area under the jurisdiction of the gram pancha yat in accordance with the provisions of section 73.
(3) Subject to such rules as may be prescribed the gram panchayat may also levy in the village—
(i) Kolagarum, or katarusum, that is to say, tax othe village produce sold in the village by weight, measure ment, or number:
Provided that the gram panchayat shall not levy any such tax in any area for which a market committee is consti tuted under the relevant law for the time being in force in the State relating to the regulation of purchase and sale of agri cultural produce, livestock and products of livestock and the estabMunent of markets in connection therewith;
(«) a vehicle tax;
(m) a tax on agricultural land for a specific
purpose;
{iv} a land-cess at the rate of two naye paise in the rupee on the annual rental value of all occupied lands which are not occupied by, or adjacent and appurtenant to, buildings;
(y) fees for use of porambokes or communal lands imder the control of the gram panchayat.
(w) fees for the occupation of buildings including
chavadis and sarais under the control of the gram panchayat.
(4) Every gram panchayat may also levy a duty in the form of a surcharge on the seigniorage fees collected by the Gtovemment on materials other than minerals and minor minerals quarried in the village:
Provided that the rate at which such duty shall be levied shall be fixed by the gram panchayat with the previous approval of the Government,
68
(5) Every gram panchayat may, with the previous
approv^ of the prescribed authority, also levy, in respect of
lands laying within its jurisdiction, a duty in the form of a
surcharge at such rate, not exceeding twenty-five naye paise
in the rupee, as may be fixed by the gram panchayat,—
(a), in the Andhra area, on the land-cess leviable
vmder section 78 of the Andhra Pradesh (Andhra Area) Dis-
^ x iv of Boards Act, 1920 and on the education tax leviable under ot VIII of sectioa 34 of the Andhra Pradesh (Andhra Area) Elementary Education Act, 1920;
(b) in the Telangana area» on the local cess leviable
imder section 135 of the Andhra Pradesh (Telangana Area)
District Boards Act, 1955.
(6) Any resolution of a gram panchayat abolishing
an existing tax or reducing the rate at which a tax is Iwied
shall not be carried into effect without the previous approval
of the Commissioner.
70. ( i) The house-tax referred to in clause (a) of sub-Hou*e-ta*. section ( i) of section 69 shall, subject to the rules in
Schedule II and to such other rules as may be prescribed,
be levied on all houses in the village on any one of the follow*
ing basis, namely:
annual rental value, or
(6) capital yalue, or
(c) such other basis as may be prescribed.
(2) The house-tax shall, subject to the prior payment
of the land revenue, if any, due to die Government in respect
of the site of the house, be a first charge upon the house and
upon the movable property, if any, found within or upon the
same and belonging to the person hable to pay such tax.
(3) The house-tax shall be levied every year and shall,
save as otherwise expressly provided in Scheduled II, be paid
by the owner within thirty days of the commencement of the
year. It shall be levied at such rates as may be fixed by the
gram panchayat, not being less than the minimum rates and
not exceeding the maximum rates, prescribed in regard to the
basis of levy adopted by the gram panchayat.
(4) The Govemnjent may make rules providing for—
(i) the exemption of specified classes of houses
from the tax;
(ffi) tlse maimer of ascertaining^ th« amtiai car<^pital
value of hotaes or the categoaries into whidi tkej falli fw tk& purposes of tai^tiora;
(m) the persons who shaH be liable to pay the tax
and the giving of notices of transfer of houses;
{iv) the grant of exemptions from the tax on the
ground of poverty;
{u) the gracut of vacasey aixi other remassions;. 9f ^
{vi) the circumstances in which, and the conditfom
sdaject to which, bauses cosuitructed, reconstmcted or demo l i ^ situated in areas induded in, or eTHdudtsd from t}|e village, during any year, shall be liahk or cease to be
to the whole or any pwrtion of the tax.
(5) If the occupier of a house pays the housc-ta^ on behalf of the owner thereof, such occupier shall be
to recover the same from the owner and may deduct th^ same from the rent then or thereafter due by hiin to the owijar.
Levy of ( I ) The Gk)vernment may, by Order published in thc housetax Andhra Pradesh Gazette, for specid reasons to be specified in Son such order direct any gram panchayat to levy the house-tax Ciover^ent.referred to in clause (a) of sub-section ( i) of section 69 at
such rates and with effect from such date not being earlfer than the first day of the year irain^diately loidowing that in which the order is published, as may be specified in tihe order.
(2) When an order uikier sub-section (1) has been
published, the provisions of this A c t relating to house-tax shall ^ p ly as if the gram panchayat had, on the date of piJali cation of such order, by resolution determined to levy the tax at the rate and with eflfect from the date specified in the order, as if no other resolution of the gram panchayat under
section 69 determining the rate at which and the date from whdch the house-tax shall be levied, had taken effect.
(3) A gram panchayat shall not alter the rate at which
the house-tax is levied in pursuance of an order under sub section ( I ) or abolish such tax except with the previous sanc tion of the Goverimient.
Proton ^2 profession tax referred in clause {b) of sub-section ( i) of section 69 shall, subject to the rules in Schedule II and such other r^es as may be prescribed, be levied every year in the village on—
ss
(j) every company which transacts business in such
village for not less than sixty days in the aggregate in that year; and
every person who, in that year—
(a) exercises a profession, art or calling or trans acts business or holds any appointment, public or private—
{{) within such village for not less than sixty
days in the aggregate, or
(ii) without such village, but who resides in it for not less than sixty days in the aggregate, or
(b) resides in such village for not less than sixty days in the aggregate and is in receipt of any pension or income from investments.
Explanation.— ^For the purposes of diis section, the
expression ‘person* shall include a firm, association or joint Hindu family.
(2) The profession tax shall fee levied sudi rat=^ as
ma^ be fixed by the gram panchayat, not being less thaa the minimum rates and not exceeding the maximum rates speci fied in Schedule II.
(3) A person shall be chargeable laider the cla«)
appropriate to his aggregate income from all the sources specified in sub-section (1) as being liable to the tax.
(4) I f a company or person proves that it or he has
paid the sum due on account of the professKwi tax levied under this Act or the profession tax or any tax of the nature ot a profession tax levied under any other law governing local authorities to any gram panchayat or any other local authority in the State, such ccanpa^y (»• pereon shall not he liable by reason merely of change of place of business, exercise (of pmfession, art or calling, appointment or rosidaitce, to pay to any other gram panchayat or any other local authority, as the case may be, more than the diflFerence between such sum and the amount to which it or h^ is otherwise liabk for the profession tax for the year under this Act, or under any other law governing local authorities. ,
(5) Nothing in this section shall be deemed to render
a per^n who r^ides within the local limits of one Io ch I atfth^ty and exercises his profesiaon, art or calling or transacts business or laofcJs any appointnsent within the
56
limits of anj!^ other local authority or authorities liable to profession-tax for more than the higher of the amounts of the tax leviable by any of the local authorities. In such a case the Government shall apportion the tax between the local authorities in such manner as they may deem fit and the decision of the Government shall be final:
Provided that where one of the local authorities con
cerned is a cantonment authority or the port authority of a major port, the decision of the Government shall be subject to the concurrence of the Central Government.
(6) The profession tax leviable from a firm, associa
tion or joint Hindu family may be levied on any adult
member of the firm, association or family.
(7) (a)' I f a company or person employs a servant
or agent to represent it or him for the purpose of transacting business in any local area, such company or person shall be deemed to transact business in the local area and such servant or agent shall be liable for the profession-tax in respect of the business of such company or person whether or not such servant or agjent has power to make binding contracts on behalf of such company or person.
(6) Where one company or person is the agent of another company or person, the former company or person shall not be liable separately for the profession tax on the same income as that of the principal.
Duty on 73- ( I ) duty on transfers of property shall be levied by the Government—
{a) in the form of a surcharge on the duty imposed CentraigA'
by the Indian Stamp Act, 1899, as in force for the time being in the State, on every instrument of the description specified below, in so far as it relates to the whole or part of immovable property as the case may be, situated in the area imder the jurisdiction of a gram panchayat; and
2 of 1899
57
(6) at such rate as may be fixed by the Government, not exceeding five per centum on the amount specified below against such instrument:—
Description of instrument. Amount on which duty shall be levied.
Sale of immovable property
) Exchange of immovable pro perty.
i) Gift of immovable property
y) Mortgage with possession of immovable property.
) Lease in perpetuity of immo vable property.
. The amomit or value of the consideration for the sale, as set forth in the instrument.
The value of the property of the greatest value, as set forth in the instrument.
. The value of the property, as set ioith in the instrument.
The amount secured by the mortgage as set forth in the instrument.
An amount equal to one-sixth of the whole amount or value of the rents which woidd be paid or delivered in respect of the first fifty years of the lease, as set forth in the instrument.
(2) On the introduction of the duty aforesaid
iOlluI
*t 2 ol{a) section 27 of the Indian Stamp Act, 1899 shalj be read as if it specifically required the particulars to be set forth separately in respect of property situated in the area under the jurisdiction of a gram panchayat and in respect of property situated outside such area; and
[b) section 64 of the same Act shall be read as if it referred to the gram panchayat as well as the Government.
(3) The duty levied under this section shall be appor tioned among the gram panchayat, Panchayat Samithi and Zilla Parishad concerned in such manner as may be pres cribed.
(4) The Government may make rules for regulating the collection of the duty and the apportionment thereof among the gram panchayat, Panchayat Samithi and Zilla Parishad concerned and the deduction of any expenses incurred by the Government in the collection thereof,
58
(s) The Government may by order exempt, subject to
such conditions and terms as may be specified therein, any instrument or class of instruments from the levy of duty under this section.
VehicleTas.
74. The vchiclc tax referred to in clause (it) of sub section {3) of section 69 shall, subject to the rules in Schedule I I and to such other rules as may be prescribed including rules relating to the exemptions and restrictions, be levied every year on all vehicles kept or used within the village at such rates as may be fixed by the gram panchayat not being less than the minimum rates and not exceeding the maximum rates prescribed.
Explanation.— ^In this section, Vehicle’ means a con
veyance suitable for use on roads or rails and includes any kind of carriage, cart, wagon, wheel barrows, truck, bicycle, tricycle and rickshaw, but does* not include a motor vehicle Central as defined in the Motor Vehicles Act, 1939.
Special tax 75- Subject to such rules as may be prescribed, a gram leviable by panchayat may levy a special tax on houses at such rates as "panayat. may be prescribed, to provide for expenses connected vwth
the construction, maintenance, repair, extension and improve ment of water or drainage works or the lighting of the public streets and public places, and other similar works.
CompositioQ
76. Subject to such conditions and restrictions as may be bie^y owner ^ gram panchayat may, on application by the of a factory owner of a factory or a contiguous group of buildings, permit ^oL*^oup compound all or any of the taxes payable by him under of buildings, this Act, by paying in lieu thereof such lump sum amount asi
may be agreed upon between him and the gram panchayat. Where there is no such agreement the matter may be referred to the Government in the manner Qrescribed and the Govern ment shall, after giving to the gram panchayat and the owner of the factory or a contiguous group of buildings concerned an opportunity of making a representation, decide the lump sum amount payable by the owner of the factory or a conti guous group of buildings under this section. The decision of the Government in this regard shall be final.
Powerto 77. Subject to such restrictions and control, as may be prescribed, a gram panchayat may write off any tax, fee or amounts, other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion such tax, fee, amount or sum is irrecoverable;
59
Provided that where the District Collector or any of his subordinates is responsible for the collection of any tax, fee or other amount due to a gram panchayat, the power to write off such tax, fee or amount or any sum payable in con nection therewith on the ground of its being irrecoverable, shall be exercised by the Board of Revenue or subject to its control by the District Collector or any officer authorised by him.
78. Subject to such rules as may be prescribed, the execu tive authority shall have power to require the village head- vii1age\ead man or the village munsif having jurisdiction over the village or any part thereof to collect any tax or fee due to the gram fees due to panchayat on payment of such remimeration not exceeding 6 ^ per cent, of the gross sum collected by the headman as the District Collector may, by general or special order, deter
mine.
Explanation.— In this section, the expression “village
headman” shall, in relation to the Telangana area, be con strued as a reference to ‘revenue patel’.
79. (ii) All moneys received by the gram panchayat Grampanch shall constitute a fund called the ‘gram panchayat fund’, and shall be applied and disposed of in accordance with the provi sions of this Act and other laws:
Provided that the gram panchayat shall credit, subject to such rules as may be prescribed, the proceeds of any tax or fee levied under this Act, to a special fund earmarked for the piirpose of financing any specific public improvement. A
separate account shall be kept of the receipts into and the expenditure from such special fund.
(2) Subject to tthe provisions of sub-section ( i) , the receipts which shall be credited to the gram panchayat fund shall include—
(i) the house-tax, the profession tax and any other tax or any cess or fee, levied under this A ct;
{ii) the proceeds of the duty collected under sub
section (4) of section 69;
(Hi) the proceeds of the duty on transfers of property
levied under section 73 which are paid to the gram panchayat;
(iv) in the Andhra area, such share of the land cess
levied under section 78 of the Andhra Pradesh (And£u»
60
Area) District Boards Act, rgao as may be apportioned to the gram panchayat under section 92 of that Act and in the Telangana area, such share of the local cess levied under sec tion 135 of the Andhra Pradesh (Telangana Airea) District jLetiofiB
Boards Act, 1955 as may be apportioned to the gram pancha yat under section 136 of that Act;
(y) any payment made to the gram panchayat by a market committee in pursuance of sub-section (3) of section 11 of the Andhra Pradesh (Andhra Area) Commercial Act xx Crops Markets Act, 1933, or any other law similar thereto for the time being in force;
(vi) the taxes and tolls levied in the village under sections 117 and 118 of the Andhra Pradesh (Andhra Area) Act rii Public Health Act, 1939; or under the corres{>onding provi sion of any other law similar thereto for the time being in
force in the State;
{vii) any payment made to the gram panchayat by Act x of the Government under section 13 of the Andhra Pradesh i»89. Entertainments Tax Act, 1939;
{viii) the amount contributed by the Panchayat Samithi to the gram panchayat in respect of markets in the village classified as Panchayat Samithi markets or paid by the Panchayat Samithi to the gram panchayat towards the latter’s share of the income derived from such markets as per the apportionment made under section 117; and the amount paid by a ZiUa Parishad or any of the joint committees referred to in section 66 to the gram panchayat towards the latter’s share of the income derived from a ferry under the management of the Zilla Parishad or joint conunittee, as the case may be, as per the apportionment made under the said section.
{ix) fees for the temporary occupation of village sites, roads and other similar public places or parts thereof in the village;
(:v) fees levied by the gram panchayat in pursuance of any provision in this Act, or any rule or order made there under;
{xi) income from endowments and trusts under the management of the gram panchayat;
(xii) the net assessment on service inams which are resumed by Government after the commencement of this Act; Act;
61
{xiii) income derived from village fisheries vested in the gram panchayat including the weeds and reeds;
{xiv) income derived from ferries under the management of the gram panchayat;
(A;y) unclaimed deposits and other forfeitures;
[xvi) the seigniorage fees collected by the Govern ment every year from persons permitted to quarry in the village for materials other than minerals and minor minerals;
{xvii) all income derived from porambokes which vest in the gram panchayat or the user of which is regulatedi by the gram panchayat and also the penalty and penal assess ment if any, levied in respect of unauthorised occupation thereof under any law for the time being in force;
{xviii) all income derived from trees standing on
porambokes although the user of the porambokes is not vested in the gram panchayat;
(xix) income from leases of Government property obtained by the gram panchayat;
(xx) a sum equivalent to nine-tenths of the gross income derived by the Government every year from fines imposed by magistrates and nyaya panchayats in respect of offences committed in the village under this Act, or any rule or bye-law made thereimder or any other provision of law which is prescribed in this behalf;
{xxi) grants received from the Government, tlic Zilla Parishad or Panchayat Samithi;
{xxii) income from investments of amounts taken from the gram panchayat fund;
[xxiii) all other receipts accruing from the sources of gram panchayat revenue specified in this Act; and
{xxiv) all sums other than those enumerated above which arise out of, or are received in aid of, or for expendi ture on, any institutions or services maintained or financed from the gram panchayat fund or managed by the gram panchayat.
(3) All moneys received by the gram panchayat shall be lodged and payments from the gram panchayat fund shall be made in accordance with the rules in Part II of Schedule II and such other rules as may be prescribed.
62
^ 80. (I ) The purposes to which the gram panchayat fund panch^ may be applied include all objects expressly declared obli gatory or discretionary by this Act or any rules made there under or by any other laws or rules and the fund shall be applicable thereto within the village subject to such rules or special orders as the Government may prescribe or issue and shall, subject as aforesaid, be applicable to such pur poses outside the village if the expenditure is authorised by this A ct or specially sanctioned by the Commissioner.
(,2) (a) It shall be the duty of every gram panchayat
to provide for the payment of—
(i) any amoimts falling due on any loans c
tracted by it; and
{ii) the election expenses including the conduct
of elections to the gram panchayat, and the maintenance of the election establi^ment:
Provided that the cost of the preparation and revision of the
electoral roll and the cost of maintenance of the election establishment employed in such preparation and revision shall be borne by the Govenxment.
'Explanation.— The cost of maintenance of the election
establishment shall include the pay, pension and leave allow ances, if any, of the officers and servants of the Government or of any other authority, employed in the conduct of the elections;
(m) the salaries and allowances and the pensions,
pensionary contributions and provident fund contributions of its officers and servants;
{iv) sums due under any decree or order of a
court;
{v) contributions, if any, levied by the Pancha
yat Samithi; and
{vi) any other expenses rendered obligatory by
or under this Act or any other law.
(i6) The Government shall determine every year
the amoimt of the election expenses referred to in sub-clause (m) of clause (a) and their determination shall be final and binding on the gram panchayat. Such amount shall have priority over all other charges except charges for the service
68
of authorised loans including the loans and advances referred to in section 84 and the expenses specified in section 47 and sub-section (,2) of section 49.
(3) A gram panchayat may, with the sanction of the Government, contribute to any fund for the defence of India.
(4) A gram panchayat may, with the sanction of the Commissioner, also—
(f) contribute towards the expenses of any public
exhibition, ceremony or entertainment in the yiUage;
(«) contribute to any charitable fund, or to the
fimds of any institution for the relief of the poor or the treatment of disease or infirmity or the receiption of diseas ed or infirm persons or the investigation of the causes of disease;
{in) contribute to the fimds of any institution
established for promoting community development, or the aims of Panchayati R aj; and
{iv) defray any other extraordinary charges.
81. (i) The executive authority shall, in each year not Preparation later than the 15th November, frame and place before the gram p^chayat a budget showing the probable receipts and budget, expen^ture during the following year and the gram pancha yat shall, within one month of the date on which the budget is placed before it, sanction the budget with such modifica tions, if any, as it thinks fit.
(2) The budget as so sanctioned shall be forwarded by the executive authority, on or before such date as may be prescribed, to the Panchayat Samithi. The Panchayat Samithi shall approve the budget either without modifications or with such modifications as it may deem fit and return it to the gram panchayat within one month from the date of its receipt:
Provided that if the Panchayat Samithi does not so re um the budget to the gram panchayat within the period of jne month aforesaid, the budget shall be deemed to have been ipproved by the Panchayat Samithi in the form in which t was forwarded to it.
64
(3) If, in the course of a year, a gram panchayat finds it necessary to .alter the figures shown in the budget with re gard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplemental or revised budget may be framed, sanctioned, submitted and modified in the manner provided in sub sections (1) and (2).
(4) If a gram panchayat is aggrieved by any of the modifications subject to which the Panchayat Samithi has approved the budget, the gram panchayat may, within fifteen days from the date on which the Panchayat Samithi has re turned the budget, -refer the matter to the Standing Committee for Taxation and Finance of the Zilla Parishad for decision and the said Standing Committee shall give its decision on such matter withihn one month of the date of reference. The decision of that Standing Committee in this regard shall be
Appoint
final.
Mdltore. Government shall appoint auditors to exa mine the accounts of the receipts and expenditure of the gram panchayat fund. Such auditors shall be deemed to be ‘pub lic servants’ within the meaming of section 21 of the Indian Penal Code.
(2) No contribution shall be recovered by the Gov ernment from the gram panchayat towards the pay and allowances of such auditors or towards any other expenditure involved in the audit of the accounts of the gram panchayat.
t^eSendi-" 83.- If the expenditure incurred by the Government or othe^^i'^ai other gram panchayat or the Panchayat Samithi or authorities Zilla Parishad or by any other local authority in the State for
any purpose authorised by or under this Act is such as 'to benefit the inhabitants of the village, the gram panchayat may, with the sanction of the Commissioner, and shall, if so directed by him, make a contribution towards such expenditure.
Recovery 84. (i) Notwithstanding anything in the Local Autho rities Loans Act, 1914, or any other law similar thereto for madeby thethe time being in force, the Government may—
Government. , v i t
[a) by order direct any person havmg custody of
the gram panchayat fund to pay to them in priority to any other charges against such fund, except charges for the ser vice of authorised loans, any loan or advance made by them to the gram panchayat for any purpose to which its funds may be applied under this Act;
65
{b) recover any Such loan or advance by suit.
^2) The person to whom the order referred to in clause (a) of sub-section (1) is addressed shall be bound to comply with such order.
C H A P T E R V.
P u b l i c S a f e t y , C o n v e n i e n c e a n d H e a l t h .
85. ( I ) All public water-courses, springs, reservoirs, Vesting of tanks, cisterns, fountains, wells, stand-pipes and other water works (including those used by the public to such an panohayata. extent as to give a prescriptive right to their use) whether existitig at the commencement of this A ct or afterwards made, laid or erected and whether made, laid or erected at the cost of the gram panchayat or otherwise for the use or
benefit of the public, and also any adjacent land, not being private property, appertaining thereto shall vest in the gram panchayat and be subject to its control;
Provided that hothing in this sub-section shall apply to any work which is, or is connected ^vith, a work of irrigation or to any adjacent land appe.rtaining to any such work.
(2) The gram panchayat shall have the fishery rights in any water work vested in it under sub-section ( i ), the right to supply water from any such work for raising seed beds on payment of the prescribed fee, and the right to use the adjacent land appertaining thereto for planting of tr&es and enjoying the usufruct thereof or for like purpose.
(3) The Goveimment may, by notification in the Andhra Pradesh Gazette, define or limit such control or may assume the administration of any public source of water supply and public land adjacent and appertaining thereto after consulting the gram panchayat and giving due regard to its objections, if any.
86. (i) (a) The gram panchayat may, in the interests of public health, regulate or prohibit the washing of animals puit>iletank*, or of clothes or other articles or fishing, in any public spring, tank or well or in any public water-course or part thereof and purpows, may set apart any such place for drinking or for bathing or for washing animals or clothes or for any other specified purpose,
66
(&) The powers conferred- by clause (a) may, in the case of any private spring, tank, well, or water-course, be exercised by the gram panehayat, with the consent of the owner of such place.
(>) The gram panehayat may, in the interests of
public health, regulate br prohibit the washing of animals or of clothes or of other articles, in any private spring, tank, well or water-cnurse from which the public have a right to take water for drinking purposes.
(2) The executive authority on receipt of a certificate
from any health or medical officer in the service of the Gov ernment, the gram panchavat or the Panehayat Samithi or Zilla Parishad stating that the water in any well, tank, spring or other source of water-supply to which the public' have access in the village, is likely to engender or cause the spread of any dangerous dis^;ase, shall, by public notice, prohibit the use of siifh water. Such notice shall be sen-ed hv affixinjsf a eopv of it nenr the source nf water-supply and by heal of flruni shnfinrr Hie PTmiber of days during? which such prnhi bitinn shall last. The executive authority mav modify the notice or extend the nerictd of operation thereof without the productinn of a further certificate.
Prohihitf.in g?. No person shall—
apart (rr) ha(he in or rlefile, the water in any place set apart Cth^^than c^’’’riking or cooking purposes either by a gram panehayat those ^ or in the case of private property, by the owner thereof; or noLiAcd.
(h) deposit any offensive or deleterious matter in the bed of any place set apart as aforesaid when such bed is dry or
(c) wash clothing in any place set apart as aforesaid;
or
(d) wash any animal or any cookinf? utensil or wool,
skins, or other foul or offensive substance or deposit any oflPensive or deleterious matter in anv place set apart aa aforesaid or set apart for bathing or for washing clothes; or
(e) allow the water from a sink, sewer, drain, engine
or hoiler. or any other offensive matter helonpring to him or floAvin£T from anv huildincr or land belonprinjr to or occupied by him, to pass into any place set apart as aforesaid or set apart for bathing, or for washing clothes,
g?. No person shall—
apart (rr) ha (he in or rlefile, the water in any place set apart
Cth^^than www.apteachers.in
www.apteachers.in
c^’’’’riking or cooking purposes either by a gram panehayat
those ^ or in the case of private property, by the owner thereof; or
noLiAcd.
(h) deposit any offensive or deleterious matter in the
bed of any place set apart as aforesaid when such bed is dry
or
(c) wash clothing in any place set apart as aforesaid;
or
(d) wash any animal or any cookinf? utensil or wool,
skins, or other foul or offensive substance or deposit any
oflPensive or deleterious matter in anv place set apart aa
aforesaid or set apart for bathing or for washing clothes; or
(e) allow the water from a sink, sewer, drain, engine
or hoiler. or any other offensive matter helonpring to him or
floAvin£T from anv huildincr or land belonprinjr to or occupied
by him, to pass into any place set apart as aforesaid or set apart
for bathing, or for washing clot
M. Where a mosque, temple, mutt or any place of ligious worship or instruction or any place which is used for persons holding fairs, or festivals or for other like pur[joses, is situ- ated within the Ihnits of a village or hi the neighbuuilioud (.laces of thereof and altrucls either throughout the year ur uii [mrli- ^ijnrimage, cular occuiiious a large uuuiber of persons, any special ar rangements necessary for public health, safety or couveni- enee, whether permanent or temporary, shall be made by the gram panchayat; but the Government may, after consuuing the trustee or other person having control over such jjlace, require him to make such recurring or non-recurring coutri- bution to the funds of the gram panchayat as they may dcier- mine. 89. The executive authority of a gram panchayat may cleansing of contract with the owner or occupier of any premises to re- j>r:yate move rubbish or filth or any particular kind of rubbish or tilth, from such premises or any place belonging theieto, on such terms as to times and periods of renu)val and cLhci matters as may seem suitable to the executive authority and on payment of fees at such rate calculated to cover the cost of the service as the gram panchayat may fix, 90. (I) Every owner or person having the contol of any Rrgistraiion place used at the commencement of this Act as a place for burying, burning or otherwise disposing of the dead shall, groaniu. if such place be not already registered under any law appli cable thereto, apply to the gram panchayat to have such place registered under this Act. (2) If it appears to such gram panchayat that there is no owner or person having the control of such place, the gram panchayat shall assume such control and register such place or may close it. 91. (i) No new place for the disposal of the dead tiMcsingoi Whether private or pubhc, shall be opened, formed, cons-Jj!"*’®* tructed or used, unless a licence is obtained from the gram pan- ti'ie^d. ciiayat on apphcation. (2) Sueh application for a licence shall be accompa nied by a plan of the place to be licensed showing the loca lity, boundary and extent thereof, the name of the owner or person or community interested therein, the systenj of ma nagement and such further particulars as the^ram pancliay^ may require. www.apteachers.ine
(3) The gram panchayat to which an application is made, may, in consultation with the District Health Officer— (a) grant or refuse a licence, or {b) postpone the grant of a licence, until objec tions, if any, to the site, considered reasonable by the gram panchayat have been removed or any particulars called for by it have been furnished. (4) The District Collector may cancel or modify any order passed by a gram panchayat under sub-section (3). Provision of grounds. 92. A gram panchayat may, and shall, if no sufficient biTOingand pi-ovisjon exists, provide at the cost of the gram panchayat fund, placcs to be used as burial or burning grounds or crema toria, and may charge rents and fees for the use thereof. A book to pr^^ed. 93. (I ) A book shall be kept at the office of every gram . panchayat in which the places registered, licensed or provided tered!f^^*- under section 90, section 91 or section 92 and all such places registered, licensed or provided before the commencement of this Act shall be recorded. (2) A notice in English and in the chief language of the village that such place has been registered, licensed or provided as aforesaid, shall be affixed at or near the en trance to such place conspicuously. Prohibition or 94. No person shall bury, bum or otherwise dispose of or cause or suffer to be buried, burnt or otherwise disposed burning in of, any corpse in any place within two hundred metres of a ed^ialc^ dwelling place or any_ source of drinking water-supply other than a place registered, Ucensed or provided as aforesaid. Notice to be given to 95- The pcrson having control of a place for disposing gf the dead shall give information of every burial, burning panchayat or Other disposal, of a corpse at such a place to any person rf^buriaiB, appointed by the gram panchayat. Prohibition against use burS^“ ** grounds 96. (I) If a gram panchayat is satisfied— (a) that any registered or licensed place for the disposal of the dead is in such a state or situation as to be to be likely to become, dangerous to the health of persons overcrowded living in the neighbourhood thereof, or ffitii |raVes.
(3) The gram panchayat to which an application is made, may, in consultation with the District Health Officer— (a) grant or refuse a licence, or {b) postpone the grant of a licence, until objec tions, if any, to the site, considered reasonable by the gram panchayat have been removed or any particulars called for by it have been furnished. (4) The District Collector may cancel or modify any order passed by a gram panchayat under sub-section (3). Provision of grounds. 92. A gram panchayat may, and shall, if no sufficient biTOingand pi-ovisjon exists, provide at the cost of the gram panchayat fund, placcs to be used as burial or burning grounds or crema toria, and may charge rents and fees for the use thereof. A book to pr^^ed. 93. (I ) A book shall be kept at the office of every gram . panchayat in which the places registered, licensed or provided tered!f^^*- under section 90, section 91 or section 92 and all such places registered, licensed or provided before the commencement of this Act shall be recorded. (2) A notice in English and in the chief language of the village that such place has been registered, licensed or provided as aforesaid, shall be affixed at or near the en trance to such place conspicuously. Prohibition or 94. No person shall bury, bum or otherwise dispose of or cause or suffer to be buried, burnt or otherwise disposed burning in of, any corpse in any place within two hundred metres of a ed^ialc^ dwelling place or any_ source of drinking water-supply other than a place registered, Ucensed or provided as aforesaid. Notice to be given to 95- The pcrson having control of a place for disposing gf the dead shall give information of every burial, burning panchayat or Other disposal, of a corpse at such a place to any person rf^buriaiB, appointed by the gram panchayat. Prohibition against use burS^“ ** grounds 96. (I) If a gram panchayat is satisfied— (a) that any registered or licensed place for the disposal of the dead is in such a state or situation as to be to be likely to become, dangerous to the health of persons overcrowded living in the neighbourhood thereof, or ffitii |raVes. www.apteachers.in www.apteachers.inwww.apteachers.in 66 {b) that any burial ground is overcrowded with graves, and if in the case of a public burial or burning ground or other place as aforesaid, another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may, with the approval of the Commissioner, give notice that it shall not be lawful, after a period of not less than two months to be specified in such notice, to bury, burn or otherwise dispose of, any corpse at such place. (2) Every notice given under sub-section (1) shall be published by aiiixure to the notice board in the oifice of the gram panchayat and in the village by beat of drum. (3) No person shall, in contravention of any notice imder this section and after the expiration of the period specified in such notice, bury, bum or otherwise dispose of, or cause or permit to be buried, burnt or otherwise disposed of, any corpse at such place. 97. (i) A gram panchayat may, and, if so required by Power to the District Magistrate, shall, give public notice that unlicens- ,^ ^ 1- ed pigs or dogs, straying within specified limits will be and d^. destroyed. (2) When such notice is given, any person may des troy, in any manner not inconsistent with the terms of the notice, any unlicensed pig or dog, as the case may be, found straying within such limits. 98. No owner or occupier of any premises shall allow Prahibni«n the water from any sink, drain, latrine, or stable, or other filth, to flow out of such premises to any portion of a outflow of public road except a drain or cesspool or to flow out of such premises in such a manner as to cause nuisance by the soak- age of the said water or filth into the walls or ground at the side of a drain forming a portion of such public road. 99. (i) If it appears necessary to miprove the sanitaryPowew« u conditions of any area within the village, the executive au- thority may, by written notice, require the owner or occu- scrvancy. pier of any of the lands and houses in the area, within a reasonable period to be specified in the notice— (a) to remove a hut or privy either wholly ot in www.apteachers.in part;^ 6 (b) to construct in a building private drains thert- Hot Or to alter or to remove, any private drains thereof; (c) to cause any land or building to be cleansed t6 the satisl'action of the executive authunty; {d) where any land or building contains a '.veil, pool, ditch, pond, tanic, or any drain, him or stagnant \>atd? wluch is injurious to health or olt'ensive to the neighbour hood or is otherwise a source of nuisance, to cause tlie same to be tilled up, cleansed or deepened or to cause the water to be renioA'ed tlierefroin or drauied olf or to take such other action as may be deemed necessary by the executive autho- rily; (e) to cause any land ovErgro^\^l -with vegetation, under-growth, prickly-pear, or jungle which is m any manner injurious to health or dangerous to the public or olt'ensive to the neighbourhood or an impediment to clKci- ent ventilation, to be cleared of the vegetation, mider- growth, prickJy-pear or jungle; (/) to convert any step-well into a draw-well ; Provided that the executive authority shall hear and decide objections, if any, raised by the person on whom a notice is so served. (2) If any work required under sub-section (1) is not executed within the period specified in the notice, the executive authority may himsell' cause such work to be car ried out, and may recover the cost of such work or part there of from the owner or occupier referred to in sub-section (1) in the manner hereinafter provided. Prohibition against (i) No person shall work a quarry in, or remove stonc, earth or other material from, any phice within twenty qu^i^^nelr mctrcs of a public road or of other immovable property public roads, vesting in or belonging to the gram panchayat except under a licence issued by a gram panchayat. The gram panchayat may cither grant or refuse to grant a liccncc and in the latter case the reasons for refusal shall be communicated to tlie per son concerned. (2) If, in the opinion of the gram panchayat, the working of any quarry or the removal of stone, earth or other material from any place is dangerous to any person residing or having le^l access to, the nei^bourhood thcneol
crates or is likely to create a nuisance, the gram panchayat may require the owner or person having control of the said quarry or place to discontinue working the same or to dis continue removing stone, earth or other material from iuch place or to take such action in respect of such quarry or plac? as it shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefiom, 101. No person shall build any wall or erect any fencs or other obstructinn or projection or make any encroachm^:nt obstrucUoiu in, or over any public road except as hereinafter provided. pubuc'^*^ roads. 102. (i) No door, gate, bar or ground-floor window shall, Ptoiubiuoi. without a licence from the executive authority, be hun^? or placed so as to open outwards upon any public road ves'ted in the gram panchayat. ^wnd-flMr / (2) \ rr«f • 1 • 1 • • window Die executive authority may, bj”^ notice, require opening the o'W'ner of such floor, jrate. bar or windoAv to alter it. so "“Awards, that no part thereof M'hen open shall project over the i)uh- lic road. 103. (i) The cxecutiv'c authority mav, by notice, re. - ■L •! T , cnoToachquire the omicr or occupier ot any buildin/r to remove nr menu, alber any projection, encroachment or obstruction, other ttian a door, cate, bar or crrouncl-floor window, situated aarainst or in front of such hiu'lflinpr and in or over any pub- lip road vested in such gram panchayat. .(2) If the owner or occupier of the building proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to pive any person a prescriptive title thereto or that it was crected or made with the permission or licence of anv local authority dulv empowered in t1iat behalf, and that the pe riod, if anv. for which the permission or licence is vahV? has not expired, the gram panchayat shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same. 104. (i) The executive authority may, with the approval of the gram panchayat, grant a liccnce, subject to such ^‘“jeoMon^“* conditions and restrictions as he may think fit, to the owner or*"‘ Qccupier of any building? to put un verandas, balconies, sun- shades, weather-frames and the like, to project over a pub- Bc road vested in such gram panchayat; or to construct any Step or drain covering necessary for access to the building;.
(2) The executive authority may grant a licence, sub ject to such conditions and restrictions as he may think fit for the temporary erection of pandals and other structures in a public road vested in such gram panchayat or in any other public place the control of which is vested in such gfram panchayat. (3) The executive authority shall have power, with the approval of the gram panchayat, to lease roadsides vested in such gram panchayat for occupation on such terms and conditions and for such period as the gram panchayat may fix. (4) But neither a licence under sub-section (I) nor a lease under sub-section (3) shall be granted if the pro jection, construction or occupation, as the case may be, is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such. (5) The Government may, by no’tification in the Andhra Pradesh Gazette, restrict and place under such control as they may think fit the exercise, by any gram panchayat, of the powers under sub-sections (i) and (3). (6) On the expiry of any period for which a licence has been granted under this section, the executive authority may without notice, cause any projection or construction put up under sub-section (2) to be removed, and the cost of so doing shall be recoverable, in the manner hereinafter pro vided, from the person to whom the licence was granted. Prohibition, of building permission 105. (i) No building shall be erected without the writ. . „ . , onMwer ten permission oi the executive authority or of any person withewt ’ authorised by such executive authority, over any sewer or drain or any part of sewer or drain or upon any ground wliich lias been covered, raised or levelled wholly or in part by road sweepings or other rubbish. (2) The executive authority or the person authorised by him as aforesaid may, by notice, require any person who has erected a building without such permission, or in a manner contrary to or inconsistent with the terms of sijch |)enTijssionj to demolish the s^ e
06. (I) No person shall make a hole or cause any obstruction in any public road vested in a gram panchayat making holes except with the previous permission of the executive authority and subject to such conditions as the executive authority mayinpubUo impose. (2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be suffici ently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night. (3) If any person contravenes the provisions of this flection, the executive authority shall fill up the hole or remove the obstruction or cause the hole or obstruction to be lighted, as the case may be and may recover the cost of so doing from such person. 107. (i) No person shall plant any tree on any public road or other property vesting in or belonging to a gram^ntingor panchayat, except with the previous permission of the execu- tive authority and on such conditions as the executive authority may impose. (2) No person shall fell, remove, destroy, lop or strip biark, leaves or fruits from, or otherwise damage, any tree vesting in or belonging to a gram panchayat and growng on any such public road or property, except with the previous permission or order of the executive authority and on sucK conditions as the executive authority may impose. ate. 108. (I) If any person, without the previous sanction of Sthe gram panchayat, occupies any land which is set apart any public purpose and is vested in or belongs to it, he shall be bound to pay in respect of such occupation such sum of Und. as may be demanded by the gram panchayat by way of penalty; and any such sum may be recovered in the manner tereinafter provided. (2) The executive authority may, by notice, require any person on whom a penalty is or may lae imposed under sub-section (i ) to vacate such land and to remove any build ing or other construction or anything deposited on it,. www.apteachers.in 1074 (3) If any damage to the property of the gram panchayat has been caused by any person occupying any land for which he is liable to pay penalty under sub-section (i), he shall be liable to pay compensation to the gram panchayat for such damage in addition to and irrespective of, any penalty that may be imposed on or recovered from him, and the amount of such compensation shall in case of dispute be determined and recovered in the manner hereinafter provided. mariMti gram panchayat may provide places for use as public markets and, with the sanction of the Commis sioner, close any such market or part thereof, (2) Subject to such rules as may be prescribed, the gram panchayat may levy one or more of the following fees' in any public market at such rates, not exceeding the maxi mum rates, if any, prescribed in this behalf, as the gram panchayat may think fit— (a) fees for the use of, or for the right to expose goods for sale in, such marliE't; (h) in such markets; fees for the use of shops, stalls, pens or stands (cy fees on vehicles including motor vehicles as defined in the INIotor Vehicles Act, 1939 or pack-animals Ce^trai^c bringing or persons carrying, any goods for sale in such market; (d) ' fees on animals brought for sale into or sold in such market; {e) liccnce fees on brokers, commission agents, vreighmen and measurers practising their calling in such market. Licence for mark^. iio. (i) No pcrson shall Open a new private market or Continue to keep open a private market unless he obtains from the gram panchayat a licence to do so. ( 2 ) Application for sucli licence shall he made by the owner nf tlie place in respect of vliich the liccnce is sou^;ht not less than thirty and not more than ninety days before -siich place is opened as a market, or the commencement of the year for which the licence is sought to be renewed, as the case may be.
The gram panchayat shall, as regards private markets already lawfully established and may, as regards new private markets, grant the Ucence applied for, subject to such regulations as to supervision and inspection and to such condi tions as to sanitation, drainage, water-supply, width of patlis and ways, weights and measures to be used, and rents and fees to be charged in such market, as the gram panchayat may think proper; or the gram panchayat may, for reasons to be recorded in writing, refuse to grant any such licence for any new private market. The gram panchayat may, however, at any time, for breach of any condition of the hcence suspend or cancel the licence granted under this section. The gram panchayat may also modify any of the conditions of the licence to take effect from a specified date. (4) When a licence is granted, refused, suspended, cancelled or modified under this section, the gram panchayat shall cause a notice of such grant, refusal, suspension, cancel lation or modification in the chief language of the village to be posted conspicuously at or near the entrance to the place in respect of which the licence was sought or had been obtained. (5) Every licence granted xmder tliis section shall expire at the end of the year. (6) Any person aggrieved by an order of the gram pan chayat under sub-section (3) may appeal against such order to the Conmiissioner who may, if he thinks fit, suspend .the execution of the order, pending the disposal of the appeal. 111. When a licence granted under section no permitsi-ee tot the levy of any fees of the nature specified in sub-section (2) of section 109, a fee not exceeding fifteen per centum of the gross income of the owner from the market in the preceding year, shall be charged by the gram panchayat for such licence. 112. The executive authority may expel from any public Powers em- market any person who or whose servant has been convicted of disobeying any bye-laws for the time being in force in auuiorfty in such market, and may prevent such persons from further ™ carrying on by himself or his servants or agents, any trade markets or business in such market, or occupying any shop, stall or other place therein and may determine any lease or tenure Ehich such person may possess in any shop, stall or place. www.apteachers.inu OT^bie**by ^^3' gram panchayat may by notice, require the pampandia-owner, occupier, or farmer of any private market to— yat in respect {a) construct approaciies, entrances, passages, gates, drains and cess-pits for such market and provide it with latrines of such description and in such position and number as the gram panchayat may think fit; (fe) roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the gram panchayat secure imperviousness and ready cleansing; (c) ventilate it properly and provide it with an adequate supply of water; (d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the gram panchayat may direct; (e) keep it in a cleanly and proper state, removie all filth and refuse therefrom and dispose of them at such place and in such maimer as the gram panchayat may direct; and (/) make such other sanitary arrangements as the gram panchayat may consider necessary. (2) If any person, after notice given to him in that behalf by the gram panchayat, fails wiAin the period and in the marmer laid down in the said notice, to carry out any of the works specified in sub-section (i), the jram panchayat may suspend the licence of the said person, or may refuse to grant him a licence until such work is completed. (3) It shall not be lawful for any person to beep open any private market during- such suspension or imtil the licence is renewed. (4) No owner, occupier, agent or manager in charge of any private market, or of any shop, stall, shed or other place therein, shall keep the same so that it is a nuisance, or fail to cause anything that is a nuisance in such market, shop, stall, shed or other place to be at once removed to a place to be specified by the gram panchayat. S^!^®*a8 114* If question arises as to whether any place is a to whether market or not, the gram panchayat shall make a reference S^tg?” thereon to the Government and their decision shall be final. 115. No person shall sell or expose for sale any animal or article ensed private market; or (б) in any public or licensed private market without the permission of the executive authority or licensee, as tlie case may be, or of any person authorised by him. unlicensed SIrkets.etc. 116. The executive authority may, with the sanction of the Prohibition gram panchayat, prohibit by public notice or license or regu- against sale late, the sale or exposure for sale of any aaiimals or articles in pubuc roilS! or upon any public road or place or part thereof. 117. (i) The Government shall have power to classifyciassiBei- public and private markets situated in a village as Panchayat tion of Samithi markets and gram panchayat markets and provide for the control of any such market, and for the apportionment of the income derived therefrom between the Zilla Parishad, Panchayat Samithi and the gram panchayat or the payment of a contribution in respect thereof to the gram panchayat or the Panchayat Samithi or the Zilla Parishad, as the case may be. (2) In the c^se of markets classified as Panchayat Samithi markets, the gram panchayat and its executive autho rity shall not exercise any of the powers conferred on them by sections 109 to 116 (both inclusive). 118. With effect on and from the date of deposit of final compensation under sub-section (1) of section 41 of the Andhra place" u^d Pradesh (Andhra area) Estates (Abolition and Conversion-xxviof into Ryotwari) Act, 1948, in respect of any estates, any place estate! tsL used as a market in such estates, which has vested in the Gov- ernment under the provisions of the said Act, shall stand trans ferred to, and vest in, the gram panchayat in whose Umits such place is situated and, thereupon, the gram panchayat shall provide such place for use as a public market, 119. (i) The classification of public roads, fairs, andciassifica- festivaJs, choultries, dispensaries and libraries in any gramt'on of panchayat area as appertaining to the Zilla Parishad, Pan-faU chayat Samithi or the gram panchayat shall be made by the festivals,etc Commissioner in consultation with— {a) the District Collector arid the Chief Engineer, Highways, in the case of public roads; www.apteachers.in'T& (b) the Director of Public Health, in the case of fairs and festivals; (c) the Board of Revenue, in the case of choultries; {d) the Director of Medical Services, in the case of dispensaries of modern medicine; {e) the Special Officer, Indian Medicine, in the case of dispensaries other than those of modern medicine; and (f) tlie Director of Public Libraries, in the case of libraries. (2) Before any classlfica’tion is made under sub-section (I), the ZiUa Parishad, Panchayat Samithi and the gram panchayat concerned shall be given a reasonable opportunity of expressing their opinion. (3) The Government shall have power to revise any classification made by the Commissioner under sub-section (1). 120. Subject to such rules as may be prescribed, the gram piaowf cart, panchayat may— stands, etc. Sit^suwada. (a) provide public landing places, halting places, and cart-stands (which last expression includes stands for animals and vehicles of any description including motor vehicles) and (levy fees for their use: Provided that it shall be open to the gram panchayat to permit any person to compound such fees by paying in lieu thereof such lumpsum amount as may be fixed by the gram panchayat; {h) where any such place or stand has been provided, proliibit the use for the same purpose by any person within such distance thereof, of any public place or the sides of any public road, as the gram panchayat may, subject to the control of the Commissioner, specify. 121. (i) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he oblains from the gram panchayat a licence to do so. Such licence shall be renewed every year. (2) The gram panchay hayat shall as regards private cart- stands already lawfully established, and may, at its discretion, as regards new private cart-stands, grant the licence applied for subject to such conditions as the gram panchayat may think fit as to supervision and inspection, conservancy and such other matters as may be prescribed; or the gram panchayat may refuse to grant such licence, for any new cart-stand. (3) The gram panchayat may modify conditions of the licence to take effect from a specified date. (4) The gram panchayat may at any time suspend or cancel any licence granted under sub-section (,2) for breach of the conditions thereof. (5) The gram panchayat may levy on every grant or renewal of a licence under this section, a fee not exceeding two hundred rupees. 122. Subject to such rules as may be prescribed, every gram panchayat may provide places for use as public slaughter- houses, houses and charge rents and fees for their use. 123. The Government shall have power to make rules Prohabition for- {a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified ill the rules, on all occa- sions not excepted therein, at places other than slaughter-houses; (h) Sh. ^ use of p k ^ jTi^Iterew licensing persons to slaughter animals specified in the rules for purposes of sale to the public; and « (c) the inspection of slaughter-houses and of the meat therein and the payment of remUJieration to the olSeers employed for such inspection. 124. (i) The gram panchayat may notify in the pres-Parposes far cribed manner, that no place within the limits of the village shall be used for any one or more of the purposes specified in used without Schedule III without a licence issued by the executive “ **“ “**• aythority and except in accordance with the conditions specified in such licence; Provided that no such notification shall take effect until the expiry of a period of sixty days from the date of publi cation. www.apteachers.in80 (2) The owner or occupier of every such plfice shaD, within thirty days of the publication of such notification, apply to the executive authority for a licence for the use of such place for such purpose. (3) The executive authority may, by an order and under such restrictions and regulations as he thinks fit, arrant or refuse to grant such licence. (4) Every such licence shall expire at the end of the year unless for special reasons the executive authority cod- siders that it should expire at an early date, when it shall expire at such earlier date as may be specified therein. (5) Applications for renewal of such licences sliall be made not less than thirty and not more than ninety days before the end of every year and applications for licences for places to be newly opened shall be made not less than thirty and not more than ninety days before they are opened. uT^e^ade lishment, (^) Evcry pcrson intending— (^) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam power, Hon *of”fao-water power or other mechanical power or electricAj power, tory, work- qj 8ht3^ or -work steam install in any premises any machinery or or other manufacturing plant driven by steam, water or other uower aforesaid, shall, before beginning such construction, establishment or installation, make an application in writing to the gram pan- chayat for permission to undertake the intended work. (2) The application shall be accompanied by— (i) prescribed number of copies of the plan of thei factory, workshop, work-place or premises, to be used for such purposes as may be prescribed. (ii) such particulars as to the power, machinery, plant or premises as the gram panchayat may require by bye- laws made in this behalf. (3) The gram panchayat shall, as soon as may be ^ter the receipt of the application,— (a) grant the permission applied for, either abso lutely or subject to such conditions as it thinks fit to impose, or www.apteachers.in www.apteachers.inwww.apteachers.in ' (&) 81 refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance. (4) Before granting permission under sub-section (3), the gram panchayat,— of (a) shall obtain the approval of the Inspector of Factories appointed under the Factories Act, 1948, having jurisdiction in the village or, if there is more than one such Inspector,”bf the Inspector designated by the Government in this behalf by general or special order, as regards the plan of the factory, workshop, work-place or pronkes with reference to-^ (i) the adequacy of the provision for ventilation and %ht, {it) the sufficiency of the height and dimensions of the rooms and doors, (in) the suitability of the exits to be used:in CSW of fire, and {iv) such other matters as may be prescribed; (b) shall consult and have regard tp. the opiipi^ii of the District Health Officer where Zilla Parish^ eiap^ys such an officer, and of the District Medical Officer m cases, as regards the suitability of the site of, the factory, workshop, work-place "or prernises, for the purpose specified in the application; and (c) shall obtain the approval of the Director cf To\a^ Planning as regards (?) the suitability and adequacy of the site of the factory, workshop, work-place or premises for the purpose, and (ii) the laying out arrangements and architectur;al appearance of buildings. 126. (i) If in any factory, workshop or work-place inPoww of which steam power, water power or other mechanical power to Imrm or electrical power is used, nuisance is caused by reason^ of direction* fw the particular kind of fuel employed or by reason of the noise or vibration created, the gram panchayat may issue such rtSm m directions as it thinks fit for the abatement of nuisance with- "***" in a'reascaiable time to be specified for the purpose.
hayat shall as regards private cart- stands already lawfully established, and may, at its discretion, as regards new private cart-stands, grant the licence applied for subject to such conditions as the gram panchayat may think fit as to supervision and inspection, conservancy and such other matters as may be prescribed; or the gram panchayat may refuse to grant such licence, for any new cart-stand. (3) The gram panchayat may modify conditions of the licence to take effect from a specified date. (4) The gram panchayat may at any time suspend or cancel any licence granted under sub-section (,2) for breach of the conditions thereof. (5) The gram panchayat may levy on every grant or renewal of a licence under this section, a fee not exceeding two hundred rupees. 122. Subject to such rules as may be prescribed, every gram panchayat may provide places for use as public slaughter- houses, houses and charge rents and fees for their use. 123. The Government shall have power to make rules Prohaiti<» f o r- {a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified ill the rules, on all occa- sions not excepted therein, at places other than slaughter-houses; (h) Sh. ^ use of p k ^ jTi^Iterew licensing persons to slaughter animals specified in the rules for purposes of sale to the public; and « (c) the inspection of slaughter-houses and of the meat therein and the payment of remUJieration to the olSeers employed for such inspection. 124. (i) The gram panchayat may notify in the pres-Parposes far cribed manner, that no place within the limits of the village shall be used for any one or more of the purposes specified in used without Schedule III without a licence issued by the executive “ **“ “**• aythority and except in accordance with the conditions specified in such licence; Provided that no such notification shall take effect until the expiry of a period of sixty days from the date of publi cation. www.apteachers.in80 (2) The owner or occupier of every such plfice shaD, within thirty days of the publication of such notification, apply to the executive authority for a licence for the use of such place for such purpose. (3) The executive authority may, by an order and under such restrictions and regulations as he thinks fit, arrant or refuse to grant such licence. (4) Every such licence shall expire at the end of the year unless for special reasons the executive authority cod- siders that it should expire at an early date, when it shall expire at such earlier date as may be specified therein. (5) Applications for renewal of such licences sliall be made not less than thirty and not more than ninety days before the end of every year and applications for licences for places to be newly opened shall be made not less than thirty and not more than ninety days before they are opened. uT^e^ade lishment, () Evcry pcrson intending— () to construct or establish any factory, workshop or work-place in which it is proposed to employ steam power, Hon *of”fao-water power or other mechanical power or electricAj power, tory, work- qj 8ht3^ or -work steam install in any premises any machinery or or other manufacturing plant driven by steam, water or other uower aforesaid, shall, before beginning such construction, establishment or installation, make an application in writing to the gram pan- chayat for permission to undertake the intended work. (2) The application shall be accompanied by— (i) prescribed number of copies of the plan of thei factory, workshop, work-place or premises, to be used for such purposes as may be prescribed. (ii) such particulars as to the power, machinery, plant or premises as the gram panchayat may require by bye- laws made in this behalf. (3) The gram panchayat shall, as soon as may be ^ter the receipt of the application,— (a) grant the permission applied for, either abso lutely or subject to such conditions as it thinks fit to impose, (&) 81 refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance. (4) Before granting permission under sub-section (3), the gram panchayat,— of (a) shall obtain the approval of the Inspector of Factories appointed under the Factories Act, 1948, having jurisdiction in the village or, if there is more than one such Inspector,”bf the Inspector designated by the Government in this behalf by general or special order, as regards the plan of the factory, workshop, work-place or pronkes with reference to-^ (i) the adequacy of the provision for ventilation and %ht, {it) the sufficiency of the height and dimensions of the rooms and doors, (in) the suitability of the exits to be used:in CSW of fire, and {iv) such other matters as may be prescribed; (b) shall consult and have regard tp. the opiipi^ii of the District Health Officer where Zilla Parish^ eiap^ys such an officer, and of the District Medical Officer m cases, as regards the suitability of the site of, the factory, workshop, work-place or premises, for the purpose specified in the application; and (c) shall obtain the approval of the Director cf To\a^ Planning as regards (?) the suitability and adequacy of the site of the factory, workshop, work-place or premises for the purpose, and (ii) the laying out arrangements and architectur;al appearance of buildings. 126. (i) If in any factory, workshop or work-place inPoww of which steam power, water power or other mechanical power to Imrm or electrical power is used, nuisance is caused by reason^ of direction* fw the particular kind of fuel employed or by reason of the noise or vibration created, the gram panchayat may issue such rtSm m directions as it thinks fit for the abatement of nuisance with- "***" in a reascaiable time to be specified for the purpose. 11 www.apteachers.in82 (2) If there has been wilful default in carrying out such directions or if abatement is found impractiieable, ttite gram panchayat may— (a) prohibit the use of the particular kind of fuel employed, or (b) restrict the noise or vibration by prohibiting the wqriii^ oi tlie fafCtory, workshop or work-place between t][»e hours of 0-3() p.m. and 5-30 a.m. 127. (i) All licences, notices, permissions, given, iss pemksions. ^ granted, as the case may be, under the provisions of this Act, shall be in writing. / (2) Evt;ry licence, permission, notice, bill, summons or other document which is required by this Act or fey ally J^^law or regulation made under it to bear the signature of the executive authority or of any officer of a gram pan- chayat, shall be deemed to be properly signed if it bears a . facsimile of the signature of the executive authority or of such officer, as the case may be, stamped, thereon. (3) Nothing in sub-section (2) shall be deemed to apply to a cheque drawn upon a gram panchayat fund or to any deed or contract entered into by a gram panchayat. Power of 1888. 128. The Government may, either generally or in any particular case, make such order or give such directions as deem fit, in respect of any action taken or omitted to be taken under section 124, section 125 or section 1,26. 129. Notwithstanding anything in the Andhra Pra (Andhra Area) Places of Public Resort Act, 1888, or any^^g^ other Act similar thereto for the time being in force in the State, when the Government extend that Act to any village or part thereof— (a) the authority to whom application shall be made for a licence under that Act in respect of any place or build ing to be used exclusively for purposes other than the holding of cinematograph exhibitions and who may grant or refuse sbch licence shall be the executive authority; and www.apteachers.in www.apteachers.inwww.apteachers.in 83 (b) the appeal from the ordey of the executive autho- :ity granting, refusing, revoking or suspending a licence under that Act shall lie to the gram panchayat. CHAPTER VI. General and Miscellaneous. 130. (i) The gram panchayat may, in the manner pres-Pow«r to cribed, cause a name to be given to any street and shall cause 1 number to be affixed to the side or outer door of any build- number ag or to some place at the entrance of such building and a like manner, may, from time to time, cause such name or number to be altered. (2) No persodi shall, without lawful authority, des troy, pull down, or deface anjr such name or number or any lumber assigned to any building in any such area. i(3) When a number has been afibced, the owttfer of the Jtlildifig| shall be bound to maintain sudi nuitfl^r and to repkfce if if removed or defaced; and if he fails ttlfio &e prescribed authority may, by notice, require him to replace 131. (1) Every licence and permissitai granted uhderGenera) this Act or any rule or byie-law made undei* MS J|lSt specify the period, if any, for wHicK, and tfte rleSJ^t^iiis. Mcenceg an^ limitations and conditions subject to which, the saftt6 is granted and shall be signed by the, exseciMave authorify or by some persmi duly authorised by him in that behalf. (3 ) Save as otherwise expressly proyided in or moy be prescribed under iius Act, for every such Ecence or gle?- mission fees may be charged on sudi imits an^ at su(^ dites as may be fixed by the gram panchayat. (3) Every order of the authority competent tinder this Act or any rule or bye-law made thereunder to pass an order refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state tte grounds on which it proceeds. (4) Subject to the special provisions in Cha$)ter V regarding private markets, any licence or permission granted under this Act or any rule or bye-law made under it ttiay, at www.apteachers.in84 any time, after givii^ the persons concerned an opportunity of nflyakiiig a representation be suspended or revoked by the executive authority if any of the restrictions, limitations or con^tiom laid down in respect thereof is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-law or regulation made under it, in any matter to which such licence or permission relates, or if the grantee has obtained the same by uiisrcjflresentation or fraud. > {6) It shitM be the duty of the executive authority to iru|)ect |>laoes in r^pect of which a licence or permission is required feif or under this Act, and he may enter any stjeh i^tween sunrise and sunset, and also between sunset and smirise if it is open to the public or any industry is being carried on in it at the time; and if he has reason to believS thftt any tiling is being done in any place without a licence or pigliMssion where the same is required by or under tlus Act, or otherwise than in conformity with the s^ e, he may at any time by day or night without notice enter su^ place for the purpose of satisfying himself whether any provision of law, rules, bye-laws or regulations, any condi^on of a licence or permission or any lawful direction or prohibition is being contravened; and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the execu tive authority or any person to whom he has lawfully dele gated his powers; or by the use of any force necessary for effecting an entrance under this sub-section. (6) When any licence or permission is suspended or revoked, or when the period for which it was granted, or with in which application for renewal should be made, has expired, whichever expires later, the grantee shall for all purposes of this Act, or any rule or bye-law made under this Act, be deemed to be without a licence or permission, until the order suspending or revoking the licence or permission is cancelled, or, subject to sub-section (11), until the licence or permission is renewed, as the case may be. (7) The grantee of every licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same at the request of the executive authori^. (8) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration as required by the provisions of this www.apteachers.in www.apteachers.inwww.apteachers.in 85 Act or any rule or bye-law made thereunder, the magistrate shall, in addition tp any fine which may be imposed, recover summarily and pay over to the gram panchayat the amount of the fee chargeable for the licence or permission or for regis tration and may, in his discretion, also recover summarily and pay over to the gram panchayat such amount, if any, as he may fix, as the costs of the prosecution. (9) Save as otherwise expressly provided in or may be prescribed under this Act, every application for a licaice Jr permission or for registration imder this Act or any rule, )ye-law or regulation made thereimder or for the miewal Jiereof, shall be made not less than tWrty and not more tiisa linety days before the commencemciit of the pertod, or such ess period as is mentioned in the application. 41®) Ilecovery of the fee under sub-section (8) lot entitle the person convicted, to a licence or permission or o zegistration as aforesaid. (11) The acceptance by or on behalf of a gram pan- ji^yat of the pre-payment of the fee for a licence or permis- isicm or for registration shall not entitle the perscm makintg hldi i»:e-|^ayment to the licence or permissibn or of r^;!itfk- !tion, as the case may be, biit only to refund of the fee mdise trf refuel of the licence or permission or of registration; but ijji^pU^^ant for the renewal of a licence or permission or •^^ration until commiiiiication of orders on hi^ applica- to act as if the licence or pe^inl^n qr 'f^ traj^n hsid been renewed; and save as otherwiisie in this Act, if orders on an application fgx >r permission or for registration are not commiuutsaled to ^ ipplicant within thirty days or such longer period as «mty je prescribed in any class of cases afta? the ificeipt of tihe jftpplication by the executive authority, ^ e applicftlacm sh^ lie dj^env^ to have been allowed for toe period, if any, for iWhWi it would have been ordinarily allowed and subject tP the kw, yules, bye-laws and regulations and all conations ordinarily imposed. 132. (0 An appeal shall lie to the gram panchayat from— (а) any order of the executive authority granting, refusing, suspending or revoking a licence or pmnissiou; (б) any other order of the executive authority that may be made appealable by rules made under section 217. , executire authwity. www.apteachers.in8 6 (a) A second appeal shall lie from the decision of the paoiciiayat passed in an aj^>^ under sub-section (i) to sudi authofity as may be prescribed whose decisicaa thereon shall be ifaial. Limitation Government 133. In any case in which no time is fixed by the forego- iiig provisions of this Act for the presentation of an ap|wal allowed thereipider, such appej^ shall, subject to the pro- visioiis of section 5 of the Jndian Limitation Act, lOOSsof be pre§gnted within thirty days after the date of receij[it pi REC ler from which ^ appeal is preferred. No^;hing in this Act or in any rule,^ bye-law or ^mmitteeii” regulation made thereunder, shall be conustrued as\req.ywing the taking out of any licence or the obtaining of any perfiiis- and iMdet tMs A(Jt or any sudi rufe, bye-law or re^tifliition in pminiisbni. fts^ecffc of txif pliee in the oectJfiAtton er r ^ ooofeiol of the State or Central Government or of a«)aitk0t ec^ui^tee established under the Andhra Pradesh (Aiidhra Area) C(»nm^ciai Crops Markets Act, 1933, or under any^ pth^rAetx: law similar thereto for the time being in force, or in respect ^ of any property of the State or Centr^ Government or of any property belonging to such market committee. Time tor ^ttTnotioe, order, 135. (i) Whenever by any notice, requisition or orddr ^his Adt, or under Miy rule, bye-law or regulatioil jaiade etc therfeunder, any person is reqmred to eietutfe any work, to ^enfo^’^ * ' any measures or to do anything, a reasonable time sfi^li in default, be h ^ cd in such notice, requisition or order within which the work shall be executed, the measures taken or the thitl|; done. (2) If such notice, requisition or order is not complied with within the time so named— (а) the executive authority may cause such work to be executed, or may take any measures or do anything which may, in his opinion, be necessary for giving due eftect to thfe notice, requisition or order and all expenses thereby incurred by the gram panchayat shall be paid by the person or per sons upon whom a notice was served, and shall be recoverable in the manner hereinafter provided; and further (б) if no penalty has been specially provided"in this Act for failul-e to comply with such notice, requisition or onder, the said person shall be punishable with fine not exceeding fifty rupees for every sufh offencewww.apteachers.in www.apteachers.inwww.apteachers.in 87 136. (i) Subject to such restrictions and conditions may be prescribed, the executive authority or any person inspectioo. authorised by him may, between sunrise and sunset on any day, enter any place, building or land, with or without notice and with or without assistants or workmen in order to malce ffli inquiry, inspection, test, examination, survey, measure ment or valuation or to execute any other work, which is authorised by the provisions of this Act or of any r«»le, bj'’e-laAV, regulation or order made under it or which H is tiecessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions. (2) No claim shall lie against any person for sany cl^age or inconvenience necessarily caused by the exercise (|f jaQwerS:^n4^ sub-section (i ) or the use of any force neces sary for effecting an entrance under that sub-section. 137. The executive authority or any person authorised Testing of by him may exanwie and test the weights and measures used in the markets and shops in the village witti a view to the prevention and punishment of offences relating to such Awefghts and rtieasures under Chapter X III of Sie Indian Penal Code. 138. (i) The executive authority may, by an order writin^i require the headman, village munsiff'or kamaiixt my village comprised within the iurisdiction.of ^apchayat, to furpish him with inforin^tion on mai$pr ifalHng wWiin such categories as may be ptescrflbed respect of such village or any part thereof or any Jkprjsqii #r property therein and such headman, village munsiff or kamam ^ail comply with such order. Explanation.— In this section, ‘headman’ and ‘kamam’ ^all, in relation to the Telangana area, iaitoMlom vQi««» m<«- coBstmpd as' Tefepences to ‘revenue patel’ and ‘patwari’ respectively ; (2) The order shall specify the period wiliiin which It may be complied with but the executive authority may, from time to time, extend such period. 139. No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any nf dues, tax dt other amount due to a gram panchayat under this Act or any rule, bye-law, regulation or order made under it, , after the expiration of a period of three years from the date on which distraint might first have been made, a suit might . www.apteachers.in88 first •iiavc been instituted, or prosecution might first have been ooraiiliinced, as the case may be, in respect of such tax or Petgons 140- Save as otherwise expressly provided in this Act, empowered^ no pcrson shall be tried for any offence against this Act m to pKosecu e. bye-law made thereunder, unless complaint is m^e within twelve months of the commission of the offence, by the police, the executive authority or person expressly autho rised in this behalf by the gram panchayat or executive* authority; PfOvidcd that fwlure to take out a licence, obtain per mission or secure registration under this Ad:, shall, for purposes of this section, be (feemed a continuing offence iMm the expiration of the period, if any, for which the licett^, pemission or registration is required and if no period is spe> eifed. complaint may be made at any time within twtlve months from the commen'cement of the otfence. o^neeg. im*c«npos"i- 141. (i) 'Hie executive authority may, subject to suck restrictions and control, as may be prescribed, compound for a sum not exceeding rupees five hundred, any offence against the provisions of this Act or any rule or bye-law made there under, which may, by rules, be declared compoundable. (2) On payment of the amount by way of composi tion, no further proceedings shall be taken or continued against the defaulter in regard to the offence or alleged offence so compounded. (3) Nothing in this section shall apply to election offences. ^42- Every prosecution instituted or offence compoun- tionstobe ded by the executive authority, shall be reported by him to the gram panchayat at its next meeting.
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