THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994 ACT No. 13 OF 1994

ARRAMGEMENT OF SECTIONS SECTIONS

PART- I

PRELIMINARY

1. Short title and commencement

2. Definitions

PART –II GRAM PANCHAYAT

CHAPTER I

CONSTITUTION, ADMINISTRATION AND CONTROL OF GRAM PANCHAYATS

3. Declaration of a village for the purposes of this Act

4. Constitution of Gram Panchayats for villages and their incorporation

5. Township

6. Gram Sabha

7. Total strength of a Gram Panchayat

8. Election of Members

9. Reservation of seats of members of Gram Panchayat 10. Division of wards

11. Preparation and Publication of electoral roll for a Gram Panchayat 12. Rearrangement and republication of electoral rolls

13. Term of Office of members

14. Election and term of office of Sarpanch

15. Reservation of Office of Sarpanch

16. Fresh elections in certain cases

17. Qualifications of candidates

18. Disqualification of certain office holders etc.

19. Disqualification of candidates

19A. Diaqualification on ground of corrupt practice or election offences 19B. Disqualification for failure to lodge account of election expenses 20. Disqualification of members

20A. Disqualification of Sarpanch or Upa-Sarpanch for failure to convene the meetings of Gram Sabha

20B. Disqualification of Sarpanch or Upa-Sarpanch for failure to close audit of the accounts

21. Restoration of members to office

22. Authority to decide questions of disqualifications of members 22-A. Bar jurisdiction

23. Resignation of members, Upa-Sarpanch, Sarpanch 24. Cessation of Upa-Sarpanch

25. Powers and functions of the Sarpanch

26. Devolution and delegation of Sarpanch's powers and functions and filling up of vacancies in the office of Sarpanch

27. Removal of temporary Sarpanch

28. Rights of individual members

29. No Sarpanch, Upa-Sarpanch or members to receive remuneration 30. Appointment of Executive Authoritysfor certain Gram Panchayats 31. Functions of Executive Authority

32. Functions of the Executive Authority

33. Emergency powers of Sarpanch

34. Exercise of functions of Executive Authority by Health Officer in certain cases

35. Delegation of functions of Executive Authority

36. Officers and other employees of Gram Panchayat

37. Presidency at meetings

38. Minutes of proceedings

39. Power to call for records

40. Beneficiary committees and functional Committees

41. Proceedings of Gram Panchayats and Committees

42. Appointment of Joint Committees

43. Administration report

44. Powers of inspecting and superintending officers and of the Government

CHAPTER II

POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS

45. Duty of Gram Panchayat to Provide for Certain Matters 46. Power of Gram Panchayat to provide for certain other matters 47. Maintenance of common dispensaries, child welfare centres etc. 48. Transfer of management of forests to Gram Panchayat 49. Transfer to Panchayats of institutions or works

50. Power of Commissioner of Land Revenue to transfer, resume control of endowments and inams

51. Limitation of power to accept donations and trusts

52. Maintenance of cattle pounds

53. Vesting of public roads in Gram Panchayat

54. Collected sewage etc., belong to Gram Panchayat

55. Vesting of Communal property or income in gram panchayat 56. Maintenance of irrigation works, execution of kudimaramat etc. 57. Vesting of the management of ferries in Gram Panchayats etc 58. Certain Government porambokes to vest in Gram Panchayat etc. 59. Acquisition of immovable property required by Gram Panchayat

CHAPTER IV

TAXATION AND FINANCE

60. Taxes leviable by Gram Panchayats

61. House Tax

62. Levy of House Tax on a direction by Government

63. Tax on advertisements

64. Prohibition of advertisement without written Permission of executive authority

65. Permission of the Executive Authority to become void in certain cases

66. Owner or person in occupation to be deemed responsible 67. Removal of un-authorised advertisements

68. Collection of tax on advertisements

69. Duty on transfers of property

70. Vehicle tax

71. Special tax leviable by a Gram Panchayat

72. Composition of tax payable by owner of a factory or a contiguous group of buildings

73. Power to write-off irrecoverable amounts

74. Gram Panchayat Fund

75. Expenditure, from Gram Panchayat Fund

76. Election expenses to be borne by the Government

77. Preparation and sanction of budget

78. Contribution to expenditure by other local authorities 79. Recovery of loans and advances made by the Government

CHAPTER V

PUBLIC SAFETY, CONVENIENCE AND HEALTH

80. Vesting of water works in Gram Panchayats

81. Setting apart of public tanks etc., for certain purposes 82. Prohibition against using places so set apart for purposes other than those Notified

83. Contribution from persons having control over places of pilgrimage etc.

84. Cleaning of Private Latrines

85. Registration of burial and burning grounds

86. Licensing of places for disposal of the dead

87. Provision of burning and burial grounds

88. A book to be kept of places registered, licensed or provided 89. Prohibition against burying or burning in unauthorised places 90. Notices to be given to Gram Panchayat of burials etc. 91. Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves

92. Power to Control and administer stray dogs or pigs 93. Prohibition against allowing outflow of filth

94. Power as to sanitation and conservancy

95. Prohibition against working of quarry near public roads 96. Prohibition against destruction in or over public roads 97. Prohibition against and regulation of door, gate, bar or ground floor window opening outwards

98. Removal of encroachments

99. Power to allow certain projections and erections

100. Prohibition of building on sewer, drain etc., without permission 101. Prohibition against making holes and causing obstruction in public roads

102. Prohibition against planting or felling trees on public roads etc., without permission

103. Recovery of penalty and compensation for unauthorised occupation of land

104. Public Markets

105. Licence for private markets

106. Fee for licence

107. Power exercisable by Executive Authority in respect of public markets

108. Powers exercisable by Gram Panchayat in respect of private markets

109. Decisions of disputes as to whether places are market 110. Prohibition of sale in unlicensed private market etc 111. Prohibition against sale in or upon public roads

112. Classification of markets

113. Vesting of places used as markets situated in estates taken over by the Government

114. Classification of public roads, fairs and festivals etc. 115. Public landing places, cart-stands etc

116. Private cart-stands

117. Public slaughter houses

118. Prohibition or regulation of the use of places for slaughtering animals and licensing of slaughterers

119. Purposes for which places may not be used without licence 120. Applications to be made for construction, establishment, or installation of factory, workshop or work-place in which steam or other power is to be employed

121. Construction of building

122. Power of Gram Panchayat to issue directions for abatement of nuisance caused by steam or other power

123. Form of licences, notices, permissions

124. Power of Government to pass order or give directions 125. Modification of the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888

CHAPTER VI

GENERAL AND MISCELLANEOUS (GRAM PANCHAYATS)

126. Power to name streets and number buildings

127. General provisions regarding licences and permissions 128. Appeal from the order of Executive Authority

129. Limitation of time for appeal

130. Government and Market Committees not to obtain licences and permissions

131. Time for complying with notice, order etc., and power to enforce in default

132. Powers of entry and inspection

133. Testing of weights and measures

134. Power to call for information from Executive Authority 135. Limitation for recovery of dues

136. Persons empowered to prosecute

137. Power to compound offences

138. Prosecutions and compositions to be reported to Gram Panchayat

138A. Notice of action against Gram Pranchayat

139. Assistance of police to the Gram Panchayat

140. Wrongful restraint of Executive Authority or his delegates 141. Punishment for obstructing Gram Panchayat

142. Penalty for not giving information or giving false information SUPPLEMENTAL PROVISIONS

143. Special provisions in the case of new Gram Panchayats 144. Public roads, markets, wells, tanks etc., to be open to all

145. Power to farm out fees

146. Extension of provisions of Law relating to dstrict municipalities or of rules thereunder

147. Transfer of functions of Gram Panchayats to other local authorities or vice-versa

PART III

CONSTITUTION AND INCORPORATION, COMPOSITION, POWERS, FUNCTIONS, ETC., OF MANDAL PRAJA PARISHADS

148. Constitution and incorporation of Mandal Praja Parishads 149. Composition of Mandal Praja Parishad

150. Division of Mandal into constituencies

151. Election of members from territorial constituencies

152. Reservation of seats of Members of Mandal Praja Parishad 153. Election, reservation and term of office of President and Vice President

153A. Resolution of disputes relating to cessation for disobedience of party whip

154. Term of office of member of Mandal Praja Parishad

155. Qualification of candidates for election

156. Disqualifications

157. Resignation of President, Vice-President or Member 158. Permanent invitees to the meetings of the Mandal Praja Parishad 159. President of a Mandal Praja Parishad may invite certain persons to attend its meetings

160. Rules for the conduct of the business at a meeting of a Mandal Praja Parishad

161. Powers and functions of a Mandal Praja Parishad

162. Maintenance of common water works and other institutions 163. Power of Mandal Praja Parishad to call for documents from the Mandal Praja Parishad Development Officer

164. Power of Mandal Praja Parishad to call for information from Executive Authority

165. Powers and functions of the President and Vice-President 166. Right of individual members to draw attention in respect of Mandal Praja Parishad etc

167. Powers and functions of the Mandal Praja Parishad Development Officer

168. The Mandal Praja Parishad Development Officer and other officers and staff of a Mandal Praja Parishad to be subordinate to the Mandal Praja Parishad

169. Officers and other employees of Mandal Praja Parishad 170. Allowances for attending a meeting of the Mandal Praja Parishad 171. Mandal Praja Parishad Fund

172. Income and expenses of a Mandal Praja Parishad

173. Election expenses to be borne by the Government

174. Budget of Mandal Praja Parishad

175. Joint Committee of Mandal Praja Parishad and other local authorities

176. Constitution, powers and functions of Joint Committee PART – IV

CONSTITUTION, INCORPORATION, COMPOSITIONS, POWERS, FUNCTIONS ETC., OF ZILLA PRAJA PARISHAD

177. Constitution, incorporation and composition of Zilla Praja Parishad

178. Mandals to be territorial constituencies

179. Election of members from territorial constituencies

180. Reservation of seats of members ofZilla Praja Parishad

181. Election of Chairperson and Vice-Chairperson

181A. Resolution of disputes relating to cessation for disobedience of party whip

182. Term of office of a member of a Zilla Praja Parishad

183. Qualification of candidates for election

184. Disqualifications

185. Resignation of Chairperson, Vice-Chairperson or member 186. Appointment of Chief Executive Authority and his powers and functions

187. Standing Committees of a Zilla Praja Parishad

188. Permanent invitees to Zilla Praja Parishad

189. Special invitees

190. Rules for conduct of business at meetings

191. Power of Zilla Praja Parishad or its Standing Committee to call for documents from Chief Executive Authority.

192. Powers and functions of the Zilla Praja Parishad

193. Powers and functions of Chairperson and Vice-Chairperson of the Zilla Praja Parishad

194. Rights of individual members to draw attention in respect of Zilla Praja Parishad works

195. Officers and other employees of the Zilla Praja Parishad 196. Allowances for attending meeting of a Zilla Praja Parishad or a Standing Committee

197. Funds of the Zilla Praja Parishad

198. Income and expenses of a Zilla Praja Parishad

199. The Budget of the Zilla Praja Parishad

PART V

CONSTITUTION OF ANDHRA PRADESH ELECTION COMMISSION FOR LOCAL BODIES CONDUCT OF ELECTION AND ELECTION OFFICERS CHAPTER I

ELECTION COMMISSION AND CONDUCT OF ELECTIONS

200. Constitution of Andhra Pradesh Election Commission for Local Bodies

201. Powers and functions of the Andhra Pradesh Election Commissioner for Local Bodies

201A. Schedule of Conduct of Election

201B. Voting Machines at elections

202. Symbols for elections under the Act

202A. Reservations to Backward Classes

202B. Voter Identity Cards

203. Reservation of offices to cease on the expiration of the period specified in Article 334

204. Injunctions not to be granted in election proceedings

205. Requisitioning of premises for election purposes

206. Payment of compensation

207. Power to obtain information

208. Eviction from requisitioned premises

209. Penalty for contravention of any order regarding requisitioning 210. Electoral officers and staff etc., deemed to be on deputation

CHAPTER II

ELECTION OFFENCES

211. Corrupt practices

212. Punishment for corrupt practices

213. Promoting enemity between classes in connection with election 214. Prohibition of public meetings before the date of poll 215. Disturbance at election meetings

216. Restrictions on the printing of pamphlets, posters etc. 217. Maintenance of secrecy of voting

218. Officers etc, at elections not to act for candidates or to influence voting

219. Prohibition of canvassing in or near polling stations 220. Penalty for disorderly conduct in or near polling stations 221. Penalty for misconduct at the polling station

221A. Penalty for failure to observe procedure for voting

221B. Prohibition of going armed to or near a polling station 222. Breaches of official duty in connection with elections 223. Penalty for Government servants etc., for acting as election agent, polling agent, or counting agent

224. Offence of both capturing

225. Removal of ballot papers or ballot boxes from polling stations to be an offence

225A. Liquor not to be sold given or distributed on polling day 225B. Adjournment of poll in emergencies

225C. Fresh poll in the case of destruction etc., of ballot boxes 225D. Destruction, loss, etc., of ballot papers at the time of counting 226. Impersonation at elections

227. Other offences and penalties thereunder

228. Penalty for offences not otherwise provided for

229. Offences by companies

CHAPTER IIA

ELECTION EXPENSES

230. Application of Chapter

230A. Account of election expenses

230B. Loading of account with the District Election Authority. CHAPTER III

MISCELLANEOUS ELECTION MATTERS VACATION OF SEATS AND OFFICES

231. Adjournment of poll or countermanding of election on the ground of booth capturing

232. Power to delegate

232A. Appointment of Observers

233. Election petitions

234. Prohibition of holding dual offices and vacation of seats

PART V

FINANCE COMMISSION

235. Constitution of Finance Commission

236. Qualifications for appointment as, and the manner of selection of, members of the Commission

237. Personal interest to disqualify members

238. Disqualifications for being a member of the Commission 239. Term of office of members and eligibility for reappointment - 240. Conditions of service and salaries and allowances of members 241. Functions of the Commission

242. Procedure and powers of the Commission

PART VI-A

SPECIAL PROVISIONS RELATING TO THE PANCHAYATS, MANDAL PRAJA PARISHADS AND ZILLA PRAJA PARISHAD LOCATED IN THE SCHEDULED AREAS

242A. Application of this Part

242B. Declaration of village in Scheduled Areas

242C. Functions of Gram Sabha

242D. Reservation of seats of members of Gram Panchayat, Mandal Praja Parishad and Zilla Praja Parishad and offices of Sarpanches of Gram Panchayats and Presidents of Mandal Praja Parishads

242E. Nomination of persons

242F. Acquisition of land in the Scheduled Areas

242G. Management of minor water bodies in the Scheduled Areas 242H. Minor minerals in the Scheduled Areas

242I. Powers and functions of Gram Panchayats and Mandal Praja Parishads

PART – VII

MISCELLANEOUS

243. Transfer of powers and functions of District Board to Mandal Praja Parishad and Zilla Praja Parishads

244. Application of the relevant District Boards Act to Mandal Praja Parishadsand Zilla Praja Parishad

245. Motion of no confidence in Upa-Sarpanch, President or Chairperson

246. Power to cancel or suspend resolution of a Gram Panchayat, Mandal Praja Parishad or a Zilla Praja Parishad

247. Power of Government to take action in default of a Gram Panchayat, Mandal Praja Parishad or a Zilla Praja Parishad 248. Power of Government to issue directions

249. Powers of Government to remove Sarpanch, President or Chairperman etc.

249A. Not applicable to Sarpanch and Upa-Sarpanch

249B. Removal and deemed Removal of Sarpanch and Upa-Sarpanch

250. Powers of Government to dissolve Gram Panchayat, Mandal Praja Parishad or Zilla Praja Parishad

250A. Special provision in the case of Mandal Praja Parishad and Zilla Praja Parishad.

251. Acts of Gram Panchayats, Mandal Praja Parishad and Zilla Praja Parishad not to be invalidated by informality, vacancy, etc. 252. Oath of allegiance

253. Administration report

254. Recovery of sums due to the Gram Panchayats, Mandal Praja Parishads or Zilla Praja Parishad as arrears of land revenue 255. Power of entry of inspecting officers

256. Power to call for records etc

257. Protection of acts done in good faith

258. Chairperson, President, Sarpanch etc., to be public servants

259. Power of Mandal Praja Parishad andZilla Praja Parishad to make bye-laws

260. Delegation of powers etc

261. Power to transfer institutions and works

262. Emergency Powers of the Government, Commissioner and District Collector

263. Control over electrical undertakings of Gram Panchayats 264. Power of review and revision by Government

265. Liability of Sarpanch, President, Chairpersonetc., for loss, waste or mis-application of property

266. Accounts and Audit

267. Assessments etc., not to be impeached

CHAPTER – VIII

RULES, BYE-LAWS AND PENALTIES

268. Power of Government to make rules for the purposes of this Act 269. Penalties for breach of rules

270. Bye-laws and penalties for their breach

271. General provisions regarding penalties specified in Schedules III and IV

271A. Penalty for not handling over documents, moneys etc., to the newly elected Sarpanch or Upa-Sarpanch of a Gram Panchayat

272. Recovery of amounts due as taxes

273. Adjudication of disputes between local authorities

274. Act to read subject to Schedules V and VI in regard to first constitution or reconstitution etc

275. Power to remove difficulties

276. Repeal and savings

277. Amendment of Act 9 of 1989

278. Transitional provision in regard to elections

SCHEDULE - I

GENERAL POWERS AND FUNCTIONS OF PANCHAYATS (SECTIONS 45, 161 AND 192)

SCHEDULE - II

POWERS AND FUNCTIONS OF THE *[MANDAL PRAJA PARISHAD] (SECTIONS 161)

SCHEDULE III

ORDINARY PENALTIES

(SECTION 271)

SCHEDULE - IV

PENALTIES FOR CONTINUING BREACHES

(SECTION 271)

SCHEDULE - V

TRANSITIONAL PROVISIONS GRAM PANCHAYATS

(SECTION 274)

SCHEDULE - VI

TRANSITIONAL PROVISIONS *[MANDAL PRAJA PARISHADS] AND *[ZILLA PRAJA PARISHAD]

(Section 274)

THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994

ACT No. 13 OF 1994

[22nd April, 1994]

AN ACT TO PROVIDE FOR THE CONSTITUTION OF GRAM PANCHAYATS, 1*[MANDAL PRAJA PARISHADS] AND 2*[ZILLA PRAJA PARISHADS] AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-fourth Year of the Republic of India as follows:-

PART I

PRELIMINARY

1. Short title, extent, 3[application] and commencement - (1) This Act may be called the Andhra Pradesh Panchayat Raj Act, 1994.

(2) It extends to the whole of the State of Andhra Pradesh, except,-

(a) the Municipal Corporations governed by any law relating to Municipal Corporations for the time being in force in the State;

(b) the Municipalities governed by the law relating to municipalities for the time being in force in the State;

(c) A Notified Area declared under Section 389A of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965);

(d) the mining settlements governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956 (Act XLIV of 1956); and

(e) the cantonments governed by the Cantonments Act, 1924 (Central Act 2 of 1924).

4[(2A) In their application to the Scheduled Areas in the State as referred to in clause (1) of article 244 of the Constitution of India, the remaining provisions of this Act shall apply subject to the provisions of Part VIA of this Act.]

(3) It shall come into force on such date and in such area as the Government may, by notification in the Andhra Pradesh Gazette, appoint and they may appoint different dates for different areas and for different provisions.

2. Definitions - In this Act, unless the context otherwise requires, -

(1) 'Andhra Area' means the territories of the State of Andhra Pradesh other than the Telangana area;

(2) 'Backward Classes' means any socially and educationally Backward Classes of citizens recognised by the Government for purpose of clause (4) of article 15 of the Constitution of India;

5[XXXX]

6 [(3) 'Building' means any structure for whatsoever purpose and whatsoever materials constructed, and every part thereof whether used for

1. *For the words “Mandal Parishad” or “Madal Parishads” wherever they occur, the words “Mandal Praja Parishad” or “Mandal Praja Parishads” substituted respectively by the Act No. 41 of 2006, S.2. 2. * For the words “Zilla Parishad” or “Zilla Parishads” wherever they occur, the words “Zilla Praja Parishad” or “Zilla Praja Parishads” substituted respectively by the Act No. 41 of 2006, S.2.

3. Inserted by the Act No.7 of 1998, S.2.

4. Inserted by the Act No.7 of 1998, S.2.

5. Explanation omitted bythe Act No.5 of 1995, S.2, w.e.f. 30.12.1994.

6. Substituted by the Act No. 1 of 2021, S.2, w.e.f. 20.02.2020.

human habitation or not. It includes foundation, Plinth, Walls, Floors, Roofs, Chimneys, Plumbing and building services, fixed platforms, Verandah, Balcony, Cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space, and signs and outdoor display structures. Tents, Pandals, shamiyanas/tarpaulin shelters not be considered as buildings;”]

(4) 'Casual Vacancy' means a vacancy occurring otherwise than by efflux of time, and 'casual election' means an election held to fill a casual vacancy;

(5) ' 1 *[Chairperson]' means the *[Chairperson] of a *[Zilla Praja Parishad] elected under Section 181;

(6) 'Chief 2*[Executive Authority]’ means the Chief *[Executive Authority] of the *[Zilla Praja Parishad] appointed under Section 186;

(7) 'Collector' means any officer in-charge of a Revenue Division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector;

(8) 'Commissioner' means any officer who is authorised by the Government to exercise any of the powers or discharge any of the duties of the Commissioner under this Act;

(9) 'Company' means a Company as defined in the Companies Act, 1956, (Central Act 1 of 1956) and includes a foreign company within the meaning of section 591 of that Act;

(10) 'District Munsif' means the District Munsif appointed under the Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972);

(11) 'Election Authority' means such authority not being a member or office bearer of any local authority as may, by notification, be appointed by the 3*[Andhra Pradesh Election Commissioner for Local Bodies];

4[(12) 'Executive Authority' means the Panchayat Secretary appointed to each Gram Panchayat;]

(13) 5[XXXX]

(14) 'Factory' means a factory as defined in the Factories Act, 1948, (Central Act 63 of 1948) and includes any premises including the precincts thereof any industrial, manufacturing or trade process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency;

(15) 'Finance Commission' means the Finance Commission constituted by the Governor under section 235;

(16) 'Government' means the State Government;

(17) 'Gram Panchayat' means the body constituted for the local administration of a village under this Act;

(18) 'Gram Sabha' means the gram sabha which comes into existence under section 6;

(19) 'House' means a building or a hut fit for human occupation, whether as a residence or otherwise and includes any shop, factory, workshop or warehouse or any building used for garraging or parking buses or as a bus

1. * The words “Chairperson” and “Vice-Chairperson” substituted for the words “Chairman” and “Vice-Chairman” respectively wherever it occur by the Act No. 7 of 2001, S.7, w.e.f.23.08.2001. 2. *The words “Executive Authority” substituted for the words “Executive Officer” and the words

“Executive Authority” for the words “*[Executive Authority]” respectively wherever it occur by the Act No. 22 of 2002, S.12, w.e.f.20.06.2002.

3. * The words “Andhra Pradesh Election Commission for Local Bodies” and “Andhra Pradesh Election Commissioner for Local Bodies” substituted for the words “State Election Commission” and “State Election Commissioner” respectively wherever they occur, by the Act No. 33 of 1998, S.2.

4. Substituted by the Act No. 22 of 2002, S.2, w.e.f.20.06.2002.

5. Omitted by the Act No. 22 of 2002, S.2, w.e.f.20.06.2002.

stand, cattle shed (other than a cattle shed in an agricultural land, poultry shed or dairy shed);

(20) 'Hut' means any building which is constructed principally of wood, mud, leaves, grass, or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the Gram Panchayat may declare to be a hut for the purposes of this Act;

(21) 'Latrine' includes privy, water closet and urinal;

(22) 'Mandal' means such area in a district as may be declared by the Government by notification to be a Mandal under section 3 of the Andhra Pradesh District (Formation) Act, 1974 (Act 7 of 1974);

(23) '*[Mandal Praja Parishad]' means,a *[Mandal Praja Parishad] constituted or reconstituted under section 148;

(24) '*[Mandal Praja Parishad] Development Officer' means, the officer appointed by that designation under section 168;

(25) 'Notification' means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;

(26) 'NUISANCE' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life, or injurious to health or property;

(27) 'Ordinary Vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an election held to fill an ordinary vacancy;

(28) 'Owner' includes, -

(a) the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used; and

(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;

1 [(28-A) 'Panchayat Secretary' means the "Panchayat Secretary" appointed under Section 30;]

(29) 'POPULATION' or 'population at the last census' means the population as ascertained at the last preceding census of which the relevant figures have been published;

(30) 'PRESCRIBED' means prescribed by the Government by rules made under this Act;

(31) 'PRESIDENT' means the President of a *[Mandal Praja Parishad] elected under Section 153;

(32) 'Private Road' means any street, road, square, court, alley, passage or riding-path which is not a 'public road', but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of such premises;

(33) 'Public Road' means any street, road, square, court, alley, passage or riding-path, over which the public have a right of way whether a thoroughfare or not, and includes,-

(a) the roadway over any public bridge or causeway;

1. Inserted by the Act No.22 of 2002, S.2, w.e.f.20.06.2002.

(b) the footway attached to any such road, public bridge or cause way; and

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

1[(34) 'Qualifying Date' in relation to the preparation and publication of every electoral roll under this Act, means the first day of January of the year in which it is so prepared and published;]

2[(34A) “Recognised Political Party” and “Registered Political Party” shall have the meanings respectively assigned to them in the Election Symbols (Reservation and Allotment) Order, 1968, issued by the Election Commission of India under Article 324 of the Constitution of India and in the Registration of Political Parties and Allotment of Symbols Order, 2001, issued by the State Election Commission under Article 243-K of the Constitution of India;]

(35) 'Registered Voter' in the '*[Mandal Praja Parishad]' or 'registered voter in the district' means a person whose name appears in the electoral roll prepared and published under section 11 for any Gram Panchayat or Gram Panchayats comprised in the Mandal or as the case may be, in the District;

(36) 'Residence', 'Reside' - A person is deemed to have his 'residence' or to 'reside' in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;

(37) 'Sarpanch' means the Sarpanch of a Gram Panchayat elected under Section 14;

(38) 'Scheduled Castes' and 'Scheduled Tribes' shall have the meaning respectively assigned to them in clause (24) and clause (25) of article 366 of the Constitution of India;

(39) '*[Andhra Pradesh Election Commission for Local Bodies]’ means the *[Andhra Pradesh Election Commission for Local Bodies] constituted under section 200;

(40)‘*[Andhra Pradesh Election Commissioner for Local Bodies]’means a *[Andhra Pradesh Election Commissioner for Local Bodies] appointed by the Governor under sub-section (2) of section 200;

(41) 'Telangana Area' means the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);

(42) 'village' means any local area which is declared to be a village under this Act;

3[(42a) ‘Ward’ meands a territorial division of a Gram Panchayat;]

(43) 'water-course' includes, any river, stream or channel, whether natural or artificial;

(44) 'year' means the financial year;

1. Substituted by the Act No.26 of 2000, S.2, w.e.f. 31.07.2000.

2. Inserted by the Act No. 22 of 2006, S.2.

3. Substituted by the Act No. 1 of 2021, S.2, w.e.f. 20.02.2020.

(45) '*[Zilla Praja Parishad]' means a *[Zilla Praja Parishad] constituted under section 177.

PART II

GRAM PANCHAYAT

CHAPTER I

CONSTITUTION, ADMINISTRATION AND CONTROL OF GRAM PANCHAYATS

3. Declaration of a village for the purposes of this Act - (1) The 1 [Government] may, by notification and in accordance with the rules made 2 [XXXX] ment in this behalf, declare any revenue village or hamlet thereof or any part of a mandal to be a village for the purpose of this Act and specify the name of the village.

Explanation - For the purposes of this sub-section the expressions 'mandal' and 'revenue village' shall mean respectively any local area which is recognised as a mandal or village in the revenue accounts of Government after excluding therefrom the area, if any, included in -

(a) a municipal corporation governed by the relevant law relating to Municipal Corporations for the time being in force in the State;

(b) a municipality governed by the law relating to Municipalities for the time being in force in the State;

(c)a mining settlement governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956(Act XIV of 1956);

(d) a cantonment governed by the Cantonments Act, 1924( Central Act, 2 of 1924);

(2) The 3[Government] may, by notification and in accordance with such rules as may be prescribed in this behalf -

(a) form a new village by separation of local area from any village or by uniting two or more villages or parts of villages or by uniting any local area to a part of any village:

4[Provided that the Government shall take into consideration the financial viability of the Gram Panchayat, to be newly created before bifurcation of the said Gram Panchayat, for the purpose of providing a Panchayat Secretary.]

(b) increase the local area of any village;

(c) diminish the local area of any village;

(d) alter the boundaries of any village;

(e) alter the name of any village;

(f) cancel a notification issued under sub-section (1).

(3) The 5[Government] may pass such orders as he may deem fit, -

(a) as to the disposal of the property vested in a gram panchayat which has ceased to exist, and the discharge of its liabilities; and

(b) as to the disposal of any part of the property vested in a gram panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the gram panchayat relating to such property or arising from such local area.

1. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.

2. Omitted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.

3. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.

4. Added by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.

5. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.

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 the gram panchayat or where a gram panchayat has ceased to exercise jurisdiction over any local area, such tax, fee, or other sum due to the gram panchayat as relates to that area, shall be payable to such authorities as may be specified in the order;and

(ii) that appeals, petitions, or other applications with reference to any such tax, fee or sum which are pending on the date on which the gram panchayat ceased to exist or, as the case may be, on the date on which the gram panchayat ceased to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order.

4. Constitution of gram panchayats for villages and their incorporation - (1) A gram panchayat shall be deemed to have been constituted for a village on the date of publication of the notification under section 3 in respect of that village and the Special Officer appointed under sub-section (1) of section 143 shall make arrangements for the election of the members and of the Sarpanch of the gram panchayat as provided in that section.

(2) Subject to the provisions of this Act, the administration of the village shall vest in the gram-panchayat, but the gram panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its sarpanch or executive authority, or to any other local authority or other authority.

(3) Every gram panchayat shall be a body corporate by the name of the village specified in the notification issued under section 3, shall have perpetual succession and a common seal, and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.

5. Township - (1) The Government may declare, by a notification in the Andhra Pradesh Gazette, a village or any other area to be a township if it is an industrial or institutional colony, a labour colony, a project area, a health resort or a place of religious importance.

(2) If the area declared as township under sub-section (1) comprises a village or forms part of a village, the Commissioner shall, under sub-section (2) of section 3, cancel the notification issued under sub-section (1) of that section in respect of such village, or as the case may be, exclude such part from the village.

(3) In regard to any area other than a place of religious importance declared to be a township, the Government shall, by notification in the Andhra Pradesh Gazette constitute a township committee, which shall consist of a *[Chairperson] to be nominated by the Government and the following official and non-official members, namely:-

A. OFFICIAL MEMBERS

(i) in regard to a township constituted for an industrial or institutional colony, labour colony, project area or health

resort, the highest official representing the industry, institution, project or health resort concerned;

(ii)the Chief *[Executive Authority] of the *[Zilla Praja Parishad] concerned;

(iii) the Divisional Engineer, Electricity Board, in whose jurisdiction the township is located;

(iv) the Executive Engineer, Panchayat Raj, of the Division in which the township is located; and

(v) an officer of the Tourism Department wherever necessary and in other cases an official representing the management of the industry, institution, project or health resort concerned as may be nominated by the Government; and

B. NON-OFFICIAL MEMBERS

(i) the Member of the Lok Sabha in whose constituency the township is located;

(ii) the Member or Members of the Legislative Assembly in whose constituency the township is located;

(iii) one woman member, who is a registered voter in the township to be nominated by the Government; and

(iv) two persons who are registered voters in the township, other than those persons specified in items (i) to (iii) and who are specially qualified to assist and advise the Township Committee on its various activities to be nominated by the Government:

Provided that one of the Members to be nominated

under this clause shall be a member belonging to the Scheduled Castes or Scheduled Tribes.

(4) The *[Chairperson] and the non-official members of the Committee under items (iii) and(iv) of sub-section (3) shall hold office during the pleasure of the Government and the official members and non-official members under items (i) and (ii) of sub-section (3) shall hold office so long as they hold their respective offices.

(5) A notification issued by the Government under sub-section (3) may direct that any functions vested in a gram panchayat by or under this Act shall be transferred to and performed by the township committee and shall provide for-

(i) the restrictions and conditions subject to which the township committee may perform its functions; and

(ii) any other matter incidental to, or connected with, the transfer of the functions of a gram panchayat to the township committee including the apportionment of the revenues between the township committee and the gram panchayat concerned or any contributions or compensation that shall be paid by the township committee to the gram panchayat concerned.

(6) Every township committee shall, in regard to the conduct of its business, follow such procedure as may be prescribed.

(7) The Government may, by notification in the Andhra Pradesh Gazette direct that any of the provisions of this Act or of the law relating to municipalities for the time being in force, or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the State but not in the village or local area of specified part thereof referred to in sub-section (1)

shall apply to that village, local area or part to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.

6. Gram Sabha - (1) There shall come into existence a gram sabha for every village on the date of publication of notification under section 3.

(2) A gram sabha shall consist of all persons whose names are included in the electoral roll for the gram panchayat referred to in section 4 and such persons shall be deemed to be the members of the gram sabha.

(3) The gram sabha shall meet atleast twice in every year on such date and at such place and time as may be prescribed to consider the following matters which shall be placed before it by the gram panchayat, namely:-

(i) annual statement of accounts and audit report;

(ii) report on the administration of the preceding year;

(iii) programme of works for the year or any new programme not covered by the budget or the annual programme;

(iv) proposals for fresh taxation or for enhancement of existing taxes;

(v) selection of schemes, beneficiaries and locations; and

(vi) such other matter as may be prescribed.

The gram panchayat shall give due consideration to the suggestions, if any, of the gram sabha.

(4) The gram sabha shall observe such rules of procedure at its meetings as may be prescribed.

1 [(5) Every meeting of the Gramsabha within 10 days from the date prescribed under sub-section (3) shall be convened and presided over by the Sarpanch or in his absence by theUpaSarpanch of the Gram Panchayat.] 7. Total strength of a Gram Panchayat - 2 [(1)] A gram panchayat shall consist of such number of elected members inclusive of its Sarpanch as may be notified from time to time, by the Commissioner in accordance with the following Table:-

TABLE

1. Substituted by the Act No. 22 of 2002, S.4, w.e.f. 20.06.2002.

2. Section 7 renumbered as sub-section (1) by the Act No. 16 of 1996, S.2, w.e.f. 08.02.1996.

1[(2) The Member of the *[Mandal Praja Parishad] Territorial Constituency shall be permanent invitee to the meetings of Gram Panchayats and he shall have the right to speak in and otherwise to take part in the proceedings of any meeting of the Gram Panchayat or Gram Panchayats functioning within the local limits of the respective jurisdiction; but shall not, by virtue of this section be entitled to vote at any such meeting.]

2 [(3) One representative from each category of Self Help Group/Functional Group to be elected in a meeting of the Self Help Group/Functional Group, which shall be presided over by the Sarpanch for co option in the manner prescribed. They shall have the right to speak in and otherwise to take part in Proceeding of any meeting but they shall not be entitled to vote at any such meeting.]

8. Election of Members - All members of the gram panchayat shall be elected by the registered voters in the ward by the method of secret ballot and in accordance with such rules as may be made in this behalf.

9. Reservation of seats of members of gram panchayat - (1) In every Gram Panchayat, out of the total strength of elected members determined under section 7, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve -

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

3[Provided that in the Tribal Habitations / Tribal Thandas with 100% Scheduled Tribes Population constituted as villages, all the wards of ’ such villages shall be reserved for Scheduled Tribes only.]

(b) 4[XXXX]

(c) not less than one-third of the total number of seats reserved under5[clause (a) and sub-section (1A)] for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the backward classes;

(d) not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes) of the total number of seats to be filled by direct election to every gram panchayat shall be reserved for women and such seats may be allotted by rotation to different wards in a Gram Panchayat.

1. Added by the Act No. 16 of 1996, S.2, w.e.f. 08.02.1996.

2. Added by the Act No. 22 of 2002, S.5, w.e.f. 20.06.2002.

3. Added by the Act No. 1 of 2021, S.3, w.e.f. 20.02.2020.

4. Omitted by the Act No. 5 of 1995. S.3, w.e.f. 30.12.1994.

5. Substituted by the Act No. 5 of 1995. S.3, w.e.f. 30.12.1994.

1[(1A) In addition to the reservation of seats under sub-section (1), there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each Gram Panchayat in the manner prescribed; so however that the number of offices of members of Gram Panchayats in the State reserved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of the members of Gram Panchayats in the State. The number of seats allocated to each Gram Panchayat shall be allotted by rotation to different wards in the Gram Panchayat:

Provided that it shall be competent for the Government to make special provision with regard to the manner and quantum of seats to be reserved for Backward Classes in the Gram Panchayats situated in the Scheduled areas, by rules made in this behalf."]

(2) Nothing in 2[sub-sections (1) and (1A)] shall be deemed to prevent women and Members of the Scheduled Castes, Scheduled Tribes or backward classes from standing for election to the non-reserved seats in the gram panchayat.

10. Division of wards - For the purpose of electing members to a gram panchayat, the Commissioner shall, subject to such rules as may be prescribed divide the village into as many wards as there are seats, determined under section 7, on a territorial basis in such a manner that all wards shall have, as far as practicable, equal number of voters and allot not more than one seat for each ward.

11. Preparation and publication of electoral roll for a gram panchayat –

(1) The 3[XXXX]electoral roll for gram panchayat shall be prepared by the person authorised by the *[Andhra Pradesh Election Commissioner for Local Bodies] in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the gram panchayat shall come into force immediately 4[upon its publication]in accordance with the rules made by the Government in this behalf. The 3[XXXX] electoral roll for the gram panchayat shall consist of such part of the electoral roll for the Assembly Constituency published under the Representation of the People Act, 1950 (Central Act 43 of 1950) as revised or amended under the said Act, upto the qualifying date, as relates to the village or any portion thereof:

5[Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the Electoral Registration Officer under section 22 or section 23, as the case may be, of the Representation of the People Act, 1950 (Central Act 43 of 1950), up to the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the Gram Panchayat and any such names included shall be added to the part relating to the last ward]

Explanation - Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the village, all persons whose names are entered in such roll under the registration area comprising the village and whose addresses as entered are situated in the village shall be entitled to be

1. Inserted by the Act No.5 of 1995, S.3, w.e.f. 30.12.1994.

2. Substitued by the Act No.5 of 1995, S.3, w.e.f. 30.12.1994.

3. Omitted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.

4. Substituted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.

5. Inserted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.

included in the electoral roll for the gram panchayat prepared for the purposes of this Act.

1[(2) The electoral roll for a Gram Panchayat-

(a) shall be prepared and published in the prescribed manner by reference to the qualifying date,-

(i) before each ordinary election; and

(ii) before each casual election to fill a casual vacancy in the office of the Sarpanch and Member of a Gram Panchayat; and

(b) shall be prepared and published in any year, in the prescribed manner, by reference to the qualifying date, if so directed by the State Election Commission:

Provided that if the electoral roll is not prepared and published as aforesaid, the validity, or continued operation of the said electoral roll, shall not thereby be affected.]

(3) 2 [The electoral roll] published under sub-section (1) shall be the electoral roll for the gram panchayat and it shall remain in force till a fresh electoral roll for the gram panchayat is published under this section.

(4) The electoral roll for the gram panchayat shall be divided into as many parts as there are wards so that each part consists of the voters residing in the concerned ward and for this purpose the electoral roll may be rearranged if such rearrangement is found necessary.

(5) Every person whose name appears in the part of the electoral roll relating to a ward shall subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the electoral roll remains in force and no person whose name does not appear in such part of the electoral roll shall vote at any such election.

(6) No person shall vote at an election under this Act in more than one ward or more than once in the same ward and if he does so, all his votes shall be invalid.

Explanation - In this section, the expression 'Assembly Constituency' shall mean a constituency provided by law for the purpose of elections to the Andhra Pradesh Legislative Assembly.

12. Rearrangement and republication of electoral rolls - Where, after the electoral roll for the Gram Panchayat has been published under sub-section (1) of section 11, the village is divided into wards for the first time or the division of the village into wards is altered or the limits of the village are varied, the person authorised by the *[Andhra Pradesh Election Commissioner for Local Bodies] in this behalf shall in order to give effect to the division of the village into wards or to the alteration of the wards, or to the variation of the limits, as the case may be, authorise are-arrangement and re-publication of the electoral roll for the Gram Panchayat or any part of such roll in such manner, as the *[Andhra Pradesh Election Commissioner for Local Bodies] may direct.

13. Term of office of members - (1) Save as otherwise provided in this Act the term of office of members elected at ordinary elections shall be five years from the date appointed by the Commissioner for the first meeting of the gram panchayat after the ordinary elections.

(2) Ordinary vacancies in the office of elected members shall be filled at ordinary elections which shall be fixed 3[by the State Election Commission] to take place on such day or days within three months before the occurrence of the vacancies, as he thinks fit:

1. Substituted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.

2. Substituted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.

3. Substituted by the Act No. 22 of 2006, S.3.

Provided that the *[Andhra Pradesh Election Commissioner for Local Bodies] may, for sufficient reasons to be recorded in writing, direct from time to time, the postponement or alteration of the date of an ordinary election or any stage thereof within the period of three months aforesaid and the election authority shall give effect to such direction.

(3)(a) Every casual vacancy in the office of an elected member of a gram panchayat shall be reported by the executive authority to the election authority within fifteen days from the date of occurrence of such vacancy and shall be filled within four months from that date.

(b) A member elected in a casual vacancy shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

(c) No casual election shall be held to a gram panchayat within six months before the date on which the term of office of its members expires by efflux of time.

14. Election and term of office of Sarpanch - (1) There shall be a Sarpanch for every gram panchayat, who shall be elected in the prescribed manner by the persons whose names appear in the electoral roll for the gram panchayat, from among themselves. A person shall not be qualified to stand for election as Sarpanch, unless he is not less than twenty-one years of age:

Provided that a Member of the Legislative Assembly of the State or of either House of Parliament who is elected to the office of Sarpanch or Upa Sarpanch shall cease to hold such office unless within one month from the date of election to such office he ceases to be a Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.

(2) The election of the Sarpanch may be held at the same time and in the same place as the ordinary elections of the members of the gram panchayat.

(3) Save as otherwise expressly provided in, or prescribed under this Act, the term of office of the Sarpanch who is elected at an ordinary election shall be five years from the date appointed by the election authority for the first meeting of the gram panchayat after the ordinary election.

(4) Subject to the provisions of sub-section (5), any casual vacancy in the office of the Sarpanch shall be filled within one hundred and twenty days from the date of occurrence of such vacancy, by a fresh election under sub-section (1); and a person elected as Sarpanch in any such vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

(5) Unless the Commissioner otherwise directs, no casual vacancy in the office of the Sarpanch shall be filled within six months before the date on which the ordinary election of the Sarpanch under sub-section (1) is due.

(6) The provisions of sections 18 to 22 shall apply in relation to the office of the Sarpanch as they apply in relation to the office of an elected member of the gram panchayat.

(7) The Sarpanch shall be an ex-officio member of the gram panchayat and shall be entitled to vote at meetings of the gram panchayat.

(8) A person shall be disqualified for election as Sarpanch if he is in arrears of any dues, other-wise than in a fiduciary capacity to a *[Mandal Praja Parishad], or if he is interested in a subsisting contract made with or any work being done for, the *[Mandal Praja Parishad] within whose jurisdiction the gram panchayat is situated or any other gram panchayat within the jurisdiction of that *[Mandal Praja Parishad];

Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in,-

(i) a company as a mere shareholder but not as a director; or

(ii) any lease, sale or purchase of immovable property or any agreement for the same; or

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

(iv) any newspaper in which any advertisement relating to the affairs of any of the aforesaid gram panchayat is inserted.

Explanation - For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the *[Mandal Praja Parishad] has not performed its part of the contractual obligation.

(9) For every gram panchayat, one of the members shall be elected to be Upa-Sarpanch by the gram panchayat, in the prescribed manner. If at an election held for the purpose, no Upa-Sarpanch is elected fresh election shall be held:

Provided that before an election of Upa-Sarpanch is held, every casual vacancy in the office of an elected member of a gram panchayat shall be filled.

(10) A special meeting for the election of the Upa-Sarpanch shall be called on the same date on which the results of the ordinary elections to the gram panchayat have been published. The notice of the meeting for election of Upa-Sarpanch shall be given to the members so elected by affixture of the same on the notice board at the office of the gram panchayat, immediately after such publication:

Provided that if, for any reason, the election of the Upa-Sarpanch is not held on the date aforesaid the special meeting for the election of the Upa Sarpanch shall be held on the next day, whether or not it is a holiday observed by the gram panchayat:

Provided further that 1 [the*[Andhra Pradesh Election Commission for Local Bodies]] may, from time to time, for reasons to be recorded in writing direct or permit the holding of the election of the Upa-Sarpanch on any other day.

15. Reservation of office of Sarpanch – 2[(1)] Out of total number of offices of Sarpanch in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve,-

(a) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or as the case may be Scheduled Tribes in the State bears to the total population of the State; and such seats may be allotted by rotation to different gram panchayats in the State;

3[Provided that in the Tribal Habitations / Tribal Thandas with 100% Scheduled Tribes Population constituted as villages, all the Offices of Sarpanchofsuch villages shall be reserved for Scheduled Tribes only.]

(b) 4[XXXX]

1. Substituted by the Act No. 23 of 1997, S.2, w.e.f. 30.01.1996.

2. Renumbered by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.

3. Added by the Act No. 1 of 2021, S.4, w.e.f. 20.02.2020.

4. Omitted by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.

(c) not less than one-third of the total number of offices reserved under 1[clauses (a) and sub-secton (2)] for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be, backward classes; and

(d) not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the backward classes) of the total number of offices to be filled in the State; for women; and such offices may be allotted by rotation to different gram panchayats in the State.

2[(2) In addition to the reservation of offices of Sarpanch under sub section (1), there shall be reserved for the Backward Classes such number of Offices of Sarpanch as may be allocated to them in each Mandal in the manner prescribed; so, however, that the number of Offices or Sarpanchas in the State reserved for Backward Classes shall not be less than thirty-four percent of the total number of offices of Sarpanchas of Gram Panchayats in the State. The number of offices of Sarpanchas allocated for reservation to each Mandal shall be allotted by rotation to different Gram Panchayats in the Mandal:

Provided that it shall be competent for the Government to make special provision with regard to the manner and quantum of seats to be reserved for Backward Classes in the Gram Panchayats situated in the Scheduled areas, by rules made in this behalf.]

16. Fresh elections in certain cases - (1) If at an ordinary or casual election, no person is elected to fill a vacancy, a fresh election shall be held on such day as the officer or authority authorised by the *[Andhra Pradesh Election Commissioner for Local Bodies] in this behalf, may fix.

(2) The term of office of a member of a gram panchayat elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.

17. Qualification of candidates - No person shall be qualified for election as a member of a gram panchayat unless his name appears on its electoral roll and he is not less than twenty-one years of age.

18. Disqualification of certain office holders etc. - (1) No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government and no office bearer of anybody constituted under a law made by the Legislature of the State or of Parliament shall be qualified for being chosen as or for being a member of a gram panchayat.

Explanation:- For the purpose of this section the expression "village servant" means in relation to,-

(i) the Andhra Area, any person who holds any of the village offices of neeraganti, neeradi, vetti, kawalkar toti, talayar, tandalagar, sathsindi or any such village office by whatever designation it may be locally known;

(ii) the Telangana Area, any person who holds any of the village offices of neeradi, kawalkar, sathsindhi or any such village office by whatever designation it may be locally known.

(2) A person who having held an office under the Government of India or under the Government of any State or under any local authority has been dismissed for corruption or for disloyality to the State or to the local authority shall be disqualified for a period of five years from the date of such dismissal.

(3) For the purpose of sub-section (2), a certificate issued by the *[Andhra Pradesh Election Commissioner for Local Bodies] to the effect that a person

1. Substituted by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.

2. Inserted by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.

having held office under the Government of India or under the Government of State or under any local authority has or has not been dismissed for corruption or for disloyalty to the State or to the local authority shall be conclusive proof of that fact:

Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State or to the local authority shall be issued unless an opportunity of being heard has been given to the said person.

(4) 1[XXXX]

(5) Apart from the disqualifications specified in 2[sub-sections (1) and (2)] of this section and sections 19 and 20, a person shall be disqualified for being chosen as, and for being, a member of a gram panchayat if he is otherwise disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years:

Provided further that where a person is convicted for an offence specified under sub-section (1) or sub-section (2) of section 8 of the Representation of People Act, 1951, (Central Act 43 of 1951), or under section 19 of this Act, while he is a member or office bearer of a gram panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad], the disqualification arising out of such conviction shall not take effect until the expiry of the time for filing an appeal against such conviction and where an appeal is filed until the disposal of the appeal:

Provided also that a person convicted for an offence under sub-section (1) of section 8 of the Representation of People Act, 1951 (Central Act 43 of 1951) shall be disqualified for being chosen as or for continuing as a member of a gram panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] for a period of six years from the date of conviction and a person convicted under sub-section (2) thereof shall be disqualified for a period of six years from the date of conviction and for a further period of five years from the date of release.

19. Disqualification of Candidates - (1) A person who has been convicted by a Criminal Court,-

(a) for an offence under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955); or

(b) for an offence involving moral delinquency; shall be disqualified for election as a Member for a period of five years from the date of conviction or where he is sentenced to imprisonment while undergoing sentence and after a period of five years from the date of expiration thereof.

(2) A person shall be disqualified for being chosen as a member if on the date fixed for scrutiny of nominations for election, or on the date of nomination under sub-section (2) of section 16 he is -

(a) of unsound mind and stands so declared by a competent court; (b) a deaf-mute 3[XXXX];

(c) an applicant to be adjudicated an insolvent or an undischarged insolvent;

(d) interested in a subsisting contract made with, or any work being done for, the gram panchayat, *[Mandal Praja

1. Omitted by the Act No.37 of 2001, S.2, w.e.f.23.08.2001.

2. Substituted by the Act No.37 of 2001, S.2, w.e.f.23.08.2001.

3. Omitted by the Act No. 22 of 2002, S.6, w.e.f. 20.06.2002.

Parishad], *[Zilla Praja Parishad] or any State or Central Government:

Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in.

(i) a company as a mere shareholder but not as a director;

(ii) any lease, sale or purchase of immovable property or any agreement for the same; or

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

(iv) any newspaper in which any advertisement relating to the affairs of the gram panchayat is inserted;

Explanation:- For the removal of doubts it is hereby declared that where a contract is fully performed it shall not be deemed to be subsisting merely on the ground that the gram panchayat, *[Mandal Praja Parishad], *[Zilla Praja Parishad], the State or Central Government has not performed its part of the contractual obligations;

1[(dd) already a member of a Nagar Panchayat or a Municipality constituted under the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) or a member of a Municipal Corporation constituted under any law relating to Municipal Corporations for the time being in force in the State of Andhra Pradesh;]

(e) employed as paid legal practitioner on behalf of the gram panchayat or as legal practitioner against the gram panchayat;

(f) employed as a 2[XXXX], manager or secretary of any Company or Corporation (other than a co-operative society) in which not less than twenty-five per cent of the paid up share capital is held by the State Government;

(g) anhonorary Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with jurisdiction over any part of the village;

(h) already a member of the gram panchayat whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the gram panchayat whose term of office has not yet commenced;

(i) in arrears of any dues including the sums surcharged otherwise than in a fiduciary capacity, to the gram panchayat upto and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired:

Provided that where any person has paid such dues into the Government treasury or into a bank approved by the Government to the credit of the gram panchayat fund and obtained a challan or receipt therefor in token of such payment, he shall not be disqualified to become a member of the gram panchayat on and from the date of such payment.

(3) A person having more than two children shall be disqualified for election or for continuing as member:

Provided that the birth within one year from the date of commencement of the Andhra Pradesh Panchayat Raj Act, 1994 hereinafter in this clause referred to as the date of such commencement, of an additional child shall not be taken into consideration for the purposes of this clause:

1. Inserted by the Act No. 22 of 2006, S.4.

2. Omitted by the Act No. 5 of 1995, S.5, w.e.f. 30.12.1994.

Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this clause for so long as the number of children he had on the date of such commencement does not increase:

Provided also that the Government may direct that the disqualification in this section shall not apply in respect of a person for reasons to be recorded in writing.

1[19A. Diaqualification on ground of corrupt practice or election offences Any person who is convicted of any offence punishable under Chapter IX A of the Indian Penal Code, 1860(Central Act 45 of 1860), and any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed in accordance with section 233, or any person convicted of an offence punishable under Chapter II of Part V of this Act, shall be disqualified for contesting in any election held under this Act, for a period of six years from the date of such conviction or verdict, as the case may be.

2[Provided that such convicted person shall cease to hold office in case he is already elected.]

19B. Disqualification for failure to lodge account of election expenses - If the State Election Commission is satisfied that a person-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and

(b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the Andhra Pradesh Gazette, declare him:-

(i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and

(ii) to have ceased to hold office; in case he is elected.]

20. Disqualification of members - subject to the provisions of section 22, a member shall cease to hold office as such if he-

(a) is or becomes subject to any of the disqualifications specified in section 19;

3 [(aa) is elected as a member to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes on the basis of a community certificate and subsequently the said community certificate is cancelled under section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993 (Act 16 of 1993).]

(b) absents himself from the meetings of the gram panchayat for a period of ninety days, reckoned from the date of the commencement of his term of office, or of the last meeting which he attended, or of his restoration to office as member under sub section (1) of section 21, as the case may be, or if within the said period, less than three ordinary meetings have been held, absents himself from three consecutive ordinary meetings held after the said date:

Provided that in the case of a woman member, a period of not more than four months at a time shall be excluded in reckoning the period of absence aforesaid, if for reasons of physical disability due to advanced stage of pregnancy and delivery, such member absents herself from meetings after giving a written

1. Inserted by the Act No.26 of 2000, S.4, w.e.f. 31.07.2000.

2. Added by the Act No. 1 of 2021, S.5, w.e.f. 20.02.2020.

3. Inserted by the Act No.37 of 2001, S.3, w.e.f.23.08.2001.

intimation to the executive authority of the date from which she would be absent:

Provided further that no meeting from which a member absented himself shall be counted against him under this clause if –

(i) due notice of that meeting was not given to him in the prescribed manner; or

(ii) the meeting was held on a requisition of members.

Explanation - For the purpose of this clause,

(i) "ordinary meeting" shall mean a meeting held after giving a notice of atleast three days before the day of the meeting;

(ii) where a meeting other than an ordinary meeting intervenes between one ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being consecutive to each other.

1[20A.XXXX

20B. XXXX]

21. Restoration of members to office- (1) Where a person ceased to be a member under section 18 or clause (a) of section 20 read with section 19, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the conviction or the sentence is annulled on appeal or revision or the disqualification caused by the sentence is removed by an order of the Government; and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.

(2) Where a person incurs the disqualification specified under clause (b) of section 20, the executive authority shall forthwith send a report in that regard to the District Panchayat Officer concerned, who shall, on satisfying himself after due verification, that the person has ex-facie ceased to be a member, intimate that fact by registered post to the member concerned and report the same to the gram panchayat forthwith. If such member applies for restoration of his membership to the gram panchayat within thirty days of the receipt by him of such intimation, he shall be deemed to have been restored to his membership and the executive authority shall report the fact of such restoration to the gram panchayat at its next meeting:

Provided that a member who is so restored to his membership again incurs the disqualification under the said clause (b), the gram panchayat may, on his application for restoration filed within a period of thirty days of the receipt by him of the intimation from the District Panchayat Officer regarding the disqualification restore him to his membership.

22. Authority to decide questions of dis-qualifications of members - (1) Where an allegation is made that any person who is elected as a member of a gram panchayat is not qualified or has become disqualified under section 17, section 18, section 19 or section 20 by any voter or authority to the executive authority in writing and the executive authority has given intimation of such allegation to the member through the District Panchayat Officer and such member disputes the correctness of the allegation so made, or where any member himself entertains any doubt whether or not he has become disqualified under any of those sections, such member or any other member may, and the executive authority, at the direction of the gram panchayat or the Commissioner shall, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, apply to

1. Sections 20A and 20B Omitted by the Act No. 1 of 2021, S6, w.e.f. 20.02.2020, previously Added by the Act No. 22 of 2002, S.7, w.e.f. 20.06.2002.

the 1[District Court] having jurisdiction over the area in which the office of the gram panchayat is situated for decision.

(2) Pending such decision, the member shall be entitled to act as if he is qualified or were not disqualified.

(3) Where a person ceases to be the Sarpanch or Upa-Sarpanch of a gram panchayat as a consequence of his ceasing to be a member of the gram panchayat under clause (b) of section 20 and is restored later to his membership of the gram panchayat under sub-section (2) of section 21, he shall with effect from the date of such restoration, be deemed to have been restored also to the office ofSarpanch or Upa-Sarpanch, as the case may be.

2[22-A. Bar jurisdiction - No order passed or proceedings taken under the provisions of this Act, shall be called in question in any Court, in any suit or application; and no injunction shall be granted by any Court except District Court in respect of any action taken or about to be taken in pursuance of any power conferred by or under this Act.]

23. Resignation of members, Upa-Sarpanch, Sarpanch - (1) The Sarpanch, Upa-Sarpanch or any member may resign his office in the manner prescribed.

(2) (a) Notwithstanding that the resignation of a person from the office of Sarpanch has taken effect under sub-section (1), the Commissioner may by notification record a finding, with reasons therefor, that such person is guilty of wilful omission or refusal to carry out, or disobedience of, the provisions of the Act or any rules, bye-laws, regulations or lawful orders made thereunder or abuse of the powers vested in him, while he held the office of Sarpanch:

Provided that the Commissioner shall, before issuing such notification give the person concerned an opportunity for explanation:

Provided further that no action under this clause shall be taken after the expiration of one year from the date on which the resignation has taken effect.

(b) A person aggrieved by the notification issued under clause (a) may, within thirty days from the date of publication of such notification prefer an appeal to the Government and the Government shall in case the appeal is allowed, cancel such notification.

(c) A person in respect of whom a notification was issued under clause (a) shall, unless the notification is cancelled under clause (b), be ineligible for election as Sarpanch for a period of three years from the date of publication of such notification.

24. Cessation of Upa-Sarpanch- The Upa-Sarpanch shall cease to hold the office as such on the expiry of his term of office as a member of the gram panchayat or on his otherwise ceasing to be such member.

25. Powers and functions of the Sarpanch- Save as otherwise provided by or under this Act, the Sarpanch shall,-

(a) make arrangements for the elections of the Upa-Sarpanch within one month from the date of occurrence of the Vacancy;

(b) have full access to the records of the gram panchayat;

(c) exercise administrative control over the *[Executive Authority], if there is one, for the purpose of implementation of the resolutions of the gram panchayat or any committee thereof;

1. Substituted by the Act No. 22 of 2002, S.8, w.e.f. 20.06.2002.

2. Inserted by the Act No. 22 of 2002, S.9, w.e.f. 20.06.2002.

(d) exercise all the powers and perform all the functions specifically conferred or imposed on the Sarpanch by this Act or the rules made thereunder;

(e) have power to require any *[Executive Authority] of any village within the jurisdiction of the gram panchayat to furnish any information on any matter falling within such categories as may be prescribed in respect of such village or any person or property therein, required for the purpose of this Act;

(f) intimate to the District Panchayat Officer, every case where any member has incurred any disqualification under sections 16 to 20; and

(g) act only within the terms of sanction given in any resolution of the gram panchayat.

1[(h) maintain sanitation in the village;

(i) take up plantation and maintain Green coverage in the village;

(j) for the purpose of effective functioning of the Gram Panchayat, the Sarpanch shall reside in the village and visit the Gram Panchayat office regularly.]

26. Devolution and delegation of Sarpanch's powers and functions and filling up of vacancies in the office of Sarpanch - (1) When the office of Sarpanch is vacant, the Upa-Sarpanch shall exercise the powers and perform the functions of the Sarpanch until a new Sarpanch is declared elected and assumes office.

(2) If the Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of the Sarpanch, or is incapacitated for more than fifteen days, his powers and functions during such absence, restraint or incapacity shall devolve on the Upa-Sarpanch.

(3) When the Sarpanch is under suspension or when the office of Sarpanch is vacant or the Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of the Sarpanch or is incapacitated for more than fifteen days and the Upa-Sarpanch also is under suspension or there is either a vacancy in the office of Upa-Sarpanch or the Upa-Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of the Upa-Sarpanch or is incapacitated for more than fifteen days, the powers and functions of the Sarpanch shall devolve on a member of gram panchayat appointed by the Commissioner in this behalf.

The member so appointed shall be styled as the temporary Sarpanch and he shall exercise the powers and perform the functions of the Sarpanch until a new Sarpanch or Upa-Sarpanch is declared elected or either the Sarpanch or the Upa-Sarpanch ceases to be under suspension or returns to jurisdiction or ceases to be restrained by an order of a Court or recovers from his incapacity, as the case may be.

(4) The Upa-Sarpanch or the temporary Sarpanch appointed under sub section (3) shall report to the District Panchayat Officer, any vacancy in the office of Sarpanch within one month from the date of occurrence of such vacancy.

(5) Subject to such rules as may be prescribed, the Sarpanch may, by an order in writing, delegate any of his powers and functions, with such restrictions and conditions as may be specified in the order, to the Upa Sarpanch or in case there is a vacancy in the office of Upa-Sarpanch or the

1. Added by the Act No. 1 of 2021, S.7, w.e.f. 20.02.2020.

Upa-Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising his powers and performing his functions to any member.

(6) The reference to the powers and functions of Sarpanch in sub sections (1), (2), (3) and (5) shall, where he is also the executive authority, be deemed to include a reference to his powers and functions as executive authority.

(7) The exercise of any powers or the performance of any functions devolving on the Upa-Sarpanch under sub-section (2) or delegated to the Upa Sarpanch or any member under sub-section (5), shall be subject to the control and revision by the Sarpanch.

27. Removal of temporary Sarpanch - The Commissioner may, by order, for sufficient cause to be specified therein, remove the temporary Sarpanch appointed under sub-section (3) of section 26 after giving him an opportunity to show cause against such removal.

28. Rights of individual members - (1) Any member may call the attention of the executive authority to any neglect in the execution of gram panchayat work, to any waste of gram panchayat property or to the wants of any locality and may suggest any improvements which may appear desirable and thereupon the executive authority, shall explain at the next meeting of the gram panchayat, the action, if any, that has been taken or is proposed to be taken with reference to, the matter to which attention has been called, or the improvements suggested by the member.

(2) Every member shall have the right to move resolutions and to interpellate the Sarpanch on matters connected with the administration of the gram panchayat, subject to such rules as may be prescribed.

(3) Every member shall have access during office hours to the records of the gram panchayat after giving due notice to the executive authority, provided that the executive authority, may, for reasons given in writing, forbid such access:

Provided that the member who has been denied such access may prefer an appeal to the Extension Officer (Panchayats) whose decision thereon shall be final.

29. No Sarpanch, Upa-Sarpanch or members to receive remuneration - No Sarpanch, Upa-Sarpanch or member shall receive, or be paid from the funds at the disposal of or under the control of the gram panchayat, any salary or other remuneration for services rendered by him whether in his capacity as such or in any other capacity. Nothing in this section shall prevent the Sarpanch from receiving any honorarium fixed by order, by the Government.

30. Appointment of *[Executive Authoritys] for certain gram panchayats - (1) A whole time or a part-time *[Executive Authority]shall be appointed by the Commissioner for any gram panchayat or for any group of contiguous gram panchayats which may be notified by him in this behalf:

Provided that before notifying a group of gram panchayats under this sub-section, the Commissioner shall obtain the approval of the Government.

(2) In the case of every gram panchayat not so notified and also in the case of any gram panchayat so notified if there is no *[Executive Authority] incharge, the Sarpanch of the gram panchayat shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the *[Executive Authority].

(3) Save as otherwise prescribed, no *[Executive Authority] appointed under sub-section (1) shall undertake any work unconnected with his office without the sanction of the Government.

(4) The *[Executive Authority] shall be subordinate to the gram panchayat.

31. Functions of *[Executive Authority]–1[(1) The Panchayat Secretary, with the approval of, or on the direction of the Sarpanch, convene the meetings of the Gram Panchayat so that atleast one meeting of the Gram Panchayat is held every month and if he fails to discharge that duty, with the result that no meeting of the Gram Panchayat is held within a period of ninety days from the last meeting he shall be liable to disciplinary action under the relevant rules:

Provided that where the Sarpanch fails to give his approval for convening the meeting so as to hold a meeting within the period of ninety days aforesaid, the Panchayat Secretary shall himself convene the meeting in the manner prescribed.]

(2) The *[Executive Authority] shall ordinarily attend to the meetings of the gram panchayat or of any committee thereof and shall be entitled to take part in the discussions thereat, but he shall not be entitled to vote or to move any resolution.

32. Functions of the Executive Authority- The executive authority shall, -

(a) be responsible for implementing the resolutions of the gram panchayat and of the Committee thereof:

Provided that where the executive authority considers that a resolution has not been legally passed or is in excess of the powers conferred by this Act or that if carried out, it is likely to endanger human life or health or the public safety, the executive authority shall,-

(i) where he is the Sarpanch directly;

(ii) where he is not the Sarpanch, through the Sarpanch, refer the matter to the Commissioner for orders, and his decision shall be final;

(b) control all the officers and servants of the gram panchayat;

(c) exercise all the powers and perform all the functions specifically conferred or imposed on the executive authority by or under this Act and subject to all restrictions and conditions imposed by or under this Act, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfilment of the purpose thereof.

2[33. Emergency powers of Sarpanch - In case of any disaster as defined in the Disaster Management Act, 2005 or in case of emergency, like fire accidents, epidemics, failure of drinking water supply, the Sarpanch, direct the execution of any work or the doing of any act which requires the sanction of the Gram Panchayat or any of its Committees and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this section and the reasons thereof to the Panchayat, Gram Sabha and the concerned Committee at its next meeting:

Provided that he shall not direct the execution of any work or the doing of any act in contravention of any order of the Government or exceed an amount prescribed by the Government or the expenditure shall not exceed an amount prescribed by the Government.]

34. Exercise of functions of executive authority by Health Officer in certain cases - The Commissioner may, by general or special order, authorise the Health Officer of the District to exercise such of the functions of an executive authority under this Act in such area and subject to such restrictions and conditions and to such control and revision as may be specified in such order.

1. Substituted by the Act No.22 of 2002, S.10, w.e.f. 20.06.2002.

2. Substituted by the Act No. 1 of 2021, S.8, w.e.f. 20.02.2020.

35. Delegation of functions of executive authority- Subject to such restrictions and control as may be prescribed, the executive authority may, by an order in writing, delegate any of his functions as such,-

(i) if he is the Sarpanch, to the Upa-Sarpanch and in the absence of the Upa-Sarpanch, to any other member;

(ii) if he is not the Sarpanch, to the Sarpanch; in the absence of the Sarpanch to the Upa-Sarpanch and in the absence of both Sarpanch and the Upa-Sarpanch to any other member.

The exercise or discharge of any functions so delegated shall be subject to such restrictions so and conditions as may be laid down by the executive authority and shall also be subject to his control and revision.

36. Officers and other employees of gram panchayat - (1) Subject to such rules as may be made under the proviso to article 309 of the Constitution, the Government, shall fix and may alter the number, designations and grades of and the salaries, fees and allowances payable to such officers and other employees of a gram panchayat as may be prescribed.

(2) The Government shall, pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions if any towards provident fund or pension-cum-provident fund of the officers and other employees referred to in sub-section (1).

(3) The classification and methods of recruitment, conditions of service, pay and allowances, and discipline and conduct of the officers and employees referred to in sub-section (1) shall be regulated in accordance with such rules as may be made under the proviso to article 309 of the Constitution.

(4) Every holder of the post specified in sub-section (1), who is appointed immediately before the commencement of this Act, shall, notwithstanding anything in this Act, continue to hold such post, subject to such rules as may be made under the proviso to article 309 of the Constitution, and until provision in that behalf is so made, the law for the time being in force regulating the recruitment and conditions of service applicable to such holder immediately before such commencement shall continue to apply to such holder.

(5) All officers and other employees of the gram panchayats shall be subordinate to the gram panchayat.

(6) The Government may, from time to time by order, give such directions to any gram panchayat or any officer, authority or person thereof, as may appear to them to be necessary for the purpose of giving effect to the provisions of this section and section 30; and the gram panchayat, officer, authority or person shall comply with all such directions.

(7) The provisions of this section shall also apply to the public health establishment of gram panchayats, notwithstanding anything in the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act 3 of 1939) or any other law similar thereto for the time being in force in the State.

(8) Subject to such rules as may be made under the proviso to article 309 of the Constitution the Commissioner may appoint such engineering and other staff as he considers necessary for the purposes of any gram panchayat or two or more gram panchayats.

37. Presidency at meetings - Save as otherwise provided by or under this Act, every meeting of a gram panchayat shall be presided over by the Sarpanch, in his absence by the Upa-Sarpanch and in the absence of both Sarpanch and Upa-Sarpanch by a member chosen by the meeting to preside for occasion.

38. Minutes of proceedings - The minutes of the proceedings at every meeting of a gram panchayat shall be recorded and action taken thereon in the manner prescribed.

39. Power to call for records - A gram panchayat or a committee thereof may, at any of its meetings, require the executive authority to furnish any document in his custody, in so far as such document relates to any of the subjects included in the agenda for such meeting and the executive authority shall comply with every such requisition.

40. Beneficiary committees and functional committees - (1) For every gram panchayat there shall be a Committee by name "Beneficiary Committee" for the execution of the works of the gram panchayat. The composition, including co option of persons who are not members of the gram panchayat and the powers and functions and other related matters of the Beneficiary Committee, shall be such as may be prescribed.

(2) For every gram panchayat there shall be constituted functional committees respectively for agriculture, public health, water supply, sanitation, family planning, education and communication and for any other purposes of this Act.

(3) The constitution including co-option of persons who are not members of the gram panchayat and powers of a functional committee shall be in accordance with such rules as may be prescribed.

41. Proceedings of gram panchayats and committees - (1) The proceedings of every gram panchayat and of all committees thereof shall be governed by such rules as may be prescribed and by regulations, not inconsistent with such rules or the provisions of this Act, made by the gram panchayat with the approval of the Commissioner.

(2) The Commissioner shall have power to add to, omit or alter any regulations submitted for his approval under sub-section (1).

(3) The rules that may be prescribed under sub-section (1) may provide for preventing any member or Sarpanch or any member or *[Chairperson] of a Committee from voting on, or taking part in the discussion of any matter in which apart from its general application to the public, he has any direct or indirect pecuniary interest whether by himself or through some other person, or from being present or presiding at any meeting of the gram panchayat or of the committee during the discussion of any such matter.

42. Appointment of Joint Committees - A gram panchayat may, and if so required by the Government shall, join with one or more than one, other local authority in constituting a joint committee for any purpose in which they are interested or for any matter for which they are jointly interested or for any matter for which they are jointly responsible. The composition, powers and functions and other incidental and consequential matters shall be such as may be prescribed.

43. Administration report - The executive authority of every gram panchayat shall prepare a report on its administration for each year, as soon as may be after the close of such year and not later than prescribed date, in such form and with such details as may be prescribed and place it before the gram panchayat for its consideration.

44. Powers of inspecting and superintending officers and of the Government - (1) The Commissioner shall supervise the administration of all gram panchayats in the State and shall also exercise the powers and perform the functions vested in him by or under this Act.

(2) (a) The Government may appoint such other officers as they may consider necessary for the purpose of inspecting or superintending the operations of all or any of the gram panchayats constituted under this Act.

(b) In particular and without prejudice to the generality of the foregoing provision, the Government may appoint District Panchayat Officers, Divisional Panchayat Officers and Extension Officers (Panchayats) and define the territorial jurisdiction of each such officer.

(c) The Government shall have power to regulate the classification, methods of recruitment, conditions of service, salary and allowances and discipline and conduct of the officers referred to in clauses (a) and (b) and of the members of their establishment.

(3) The cost of the officers and the members of the establishment aforesaid shall be paid out of the Consolidated Fund of the State. (4) The District Panchayat Officers, the Divisional Panchayat Officers and the Extension Officers (Panchayats) shall exercise such powers and perform such functions as may be prescribed, or as may be delegated to them under this Act.

(5) The Commissioner or the District Collector or any officer appointed under sub-section (2) or any other officer or person whom the Government or the Commissioner or the District Collector may empower in this behalf, may enter on and inspect, or cause to be entered on and inspected,-

(a) any immovable property or any work in progress under the control of any gram panchayat or *[Executive Authoritys];

(b) any school, hospital, dispensary, vaccination station, choultry, or other institutions maintained, by or under the control of, any gram panchayat and any records, registers or other documents kept in such institution;

(c) the office of any gram panchayat and any records, registers or other documents kept therein.

Gram Panchayats and their Sarpanches, executive authorities, officers and servants shall be bound to afford to the officers and persons aforesaid, such access, at all reasonable times, to gram panchayat property or premises, and all documents as may, in the opinion of such officers or persons, subject to such rules as may be prescribed; be necessary to enable them to discharge their duties, under this section.

 (6) The Commissioner or any officer or person whom the Government, or the Commissioner may empower in this behalf may,-

(a) direct the gram panchayat to make provision for and to execute or provide any public work or amenity or service of the description referred to in section 45;

(b) call for any record, register or other document in the possession, or under the control, of any gram panchayat or executive authority;

(c) require any gram panchayat, or executive authority to furnish any return, plan, estimate, statement, account or statistics;

(d) require any gram panchayat, or executive authority to furnish any information or report on any matter connected with such gram panchayat;

(e) record in writing for the consideration of any gram panchayat, or executive authority any observations in regard to its or his proceedings or functions.

CHAPTER III

POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS

45. Duty of gram panchayat to provide for certain matters - (1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a gram panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely:-

(i) the construction, repair and maintenance of all buildings vested in the gram panchayat and of all public roads in the village (other than the roads vested in the *[Mandal Praja

Parishad] and *[Zilla Praja Parishad] and the roads classified by the Government as National and State Highways) and of all bridges, culverts, road dams and causeways on such roads;

(ii) the lighting of public roads and public places;

(iii) the construction of drains and their maintenance and the disposal of drainage water and sullage;

(iv) the cleaning of streets, the removal of rubbish heaps, jungle growth and prickly-pear, the filling in of the disused wells, insanitary ponds, pools, ditches, pits or hollows and other improvements of the sanitary condition of the village;

(v) the provision of public latrines and arrangements to clean latrines, whether public or private;

(vi) the opening and maintenance of cremation and burial grounds and the disposal of unclaimed dead bodies of human beings or of animals;

(vii) preventive and remedial measures connected with any epidemic or with malaria;

(viii) the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water works, for the supply of water for washing and bathing purposes and of protected water for drinking purposes;

(ix) the conservation of manurial resources, preparation of compost and sale of manure;

(x) the registration of births and deaths;

(xi) the establishment and maintenance of cattle ponds; and

(xii) all other matters expressly declared obligatory by or under this Act or any other law.

(2) Apart from the matters specified in sub-section (1), the Government may, subject to such rules as may be made in this behalf, entrust the gram panchayats with any functions in relation to the subjects specified in Schedule 1.

(3) The gram panchayats shall do resource planning at village level.

(4) No suit for damages for failure or for enforcement of the duty to make provision in respect of any of the matters specified in sub-section (1) shall be maintainable against any gram panchayat, executive authority, officer or servant of the gram panchayat.

46. Power of gram panchayat to provide for certain other matters - Subject to the provisions of this Act and the rules made thereunder, a gram panchayat may also make such provision as it thinks fit for carrying out the requirements of the village in respect of the following matters, namely:-

(i) the construction and maintenance of dharmashalas, sarais and rest-houses for travellors;

(ii) the planting and preservation of groves and trees on the sides of roads and other public places;

(iii) the promotion and development of pre-primary education, elementary education, social and health education, cottage industries and trade;

(iv) the establishment and maintenance of dispensaries and the payment of subsidies to rural medical practitioners;

(v) the establishment and maintenance of wireless receiving sets, play grounds, akhadas, clubs and other centres for recreation and physical culture;

(vi) the laying and maintenance of parks;

(vii) the establishment and maintenance of libraries and reading rooms;

(viii) the provision of relief to the crippled, the destitute and the sick;

(ix) the establishment and maintenance of nurseries and stores of improved seeds and agricultural implements of the production and distribution of improved seeds, pesticides and insecticides and the holding of agricultural shows including cattle shows;

(x) the propagation of improved methods of cultivation in the village including laying out of demonstration plots with a view to increasing production;

(xi) the encouragement of cooperative management of lands in the village and the organisation of joint co-operative farming; and the promotion of co-operatives for the manufacture of bricks, tiles, hinges, doors, windows, rafters or other building materials as provided in the village housing project schemes sponsored by the Central Government;

(xii) the establishment and maintenance of ware-houses and granaries;

(xiii) the establishment and maintenance of cattle sheds; (xiv) the extension of village sites;

(xv) the improvement of cattle including purchase and maintenance of stud bulls and the provision of veterinary relief;

(xvi) the control of fairs, jataras and festivals;

(xvii) the organisation of voluntary labour for community development works in the village;

(xviii) the establishment and maintenance of maternity and child-welfare centres;

(xix) the organisation of watch and ward;

(xx) the provision of relief against famine or other calamities; (xxi) the destruction of stray and ownerless dogs; (xxii) the preparation of statistics of unemployment; (xxiii) the opening and maintenance of public markets;

(xxiv) the opening and maintenance of public slaughter houses;

(xxv) the implementation of land reform measures in the village including consolidation of holdings and soil conservations;

(xxvi) the setting up of organisation to promote good will and social harmony between different communities, the removal of untouchability, the provision of housesites for harijans, the eradication of corruption, the prohibition of or temperance in the consumption of intoxicating drinks or drugs which are injurious to health and the discouragement of gambling and litigation;

(xxvii) other measures of public utility calculated to promote the safety, health, convenience, comfort or moral, social and material well being of the residents of the village.

47. Maintenance of common dispensaries, child welfare centres etc., - Subject to the provisions of this Act and the rules made thereunder, two or more gram panchayats may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be prescribed.

48. Transfer of management of forests to gram panchayat - (1) Subject to any law for the time being in force the Government may, by notification, transfer to any gram panchayat with its consent and subject to such conditions as may be agreed upon, the management and maintenance of a forest adjacent to the village; and they may by a like notification, withdraw management and maintenance of such forest from the gram panchayat after giving an opportunity to the gram panchayat to make its representation.

(2) When the management and maintenance of any forest is transferred to gram panchayat under sub-section (1), the income derived by the gram panchayat from the forest under its management and maintenance or the expenditure incurred by the gram panchayat, for such a management and maintenance shall be apportioned between the Government and the gram panchayat in such manner as the Government may, by order, determine.

49. Transfer to panchayats of institutions or works - (1) Subject to such rules as may be prescribed, the Government, the District Collector or the Revenue Divisional Officer, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] or any person or body of persons, may transfer to the gram panchayat, with its consent and subject to such conditions as may be agreed upon, the management of any institution, or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty, whether within or without the village, and whether provided for in this Act or not.

(2) When the management of any institution is transferred to the gram panchayat under sub-section (1), all property, endowments and funds belonging thereto, shall be held by the gram panchayat in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time of such transfer.

50. Power of Commissioner of Land Revenue to transfer, resume control of endowments and inams - (1) (a) Subject to the control of the Government, the Commissioner of Land Revenue may, by notification, make over to a gram panchayat, with its consent, the management and superintendence of any charitable endowment in respect of which powers and duties attached to the said Commissioner under the provisions of the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 (Act 35 of 1974) and thereupon all powers and duties attaching to the Commissioner in respect thereof shall attach to the gram panchayat as if it had been specifically named in the said Regulation or Law, and the gram panchayat shall manage and superintend such endowment.

(b) The Commissioner of Land Revenue may of his own motion, and shall on a direction from the Government, by notification in the Andhra Pradesh Gazette, resume the management and superintendence of any endowment made over to a gram panchayat under clause (a) and upon such resumption, all the powers and duties attaching to the gram panchayat in respect of the endowment shall cease and determine.

(2) The Government may assign to a gram panchayat with its consent a charitable inam resumed by the Government or any authority, provided that the net income from such inam can be applied exclusively to any purpose to which the funds of such gram panchayat may be applied; and may revoke any assignment so made.

(3) No order of resumption under clause (b) of sub-section (1) or of revocation under sub-section (2), shall be passed unless the gram panchayat has had an opportunity of making its representation.

51. Limitation of power to accept donations and trusts - A gram panchayat may accept donations for, or trust relating exclusively to the furtherance of any purpose to which its funds may be applied.

52. Maintenance of cattle pounds - (1) Notwithstanding anything in the Cattle Trespass Act, 1871 (Central Act 1 of 1871) -

(i) any cattle pound so transferred to a gram panchayat, or a cattle pound established by a gram panchayat under this Act, shall be maintained and controlled by the gram panchayat;

(ii) a pound keeper for every cattle-pound referred to in clause (i), shall be appointed by the gram panchayat; and

(iii) all sums on account of fines and surplus unclaimed sale proceeds realised under the Cattle Trespass Act, 1871 in respect of any cattle pound referred to in clause (i) shall be credited to the gram panchayat fund.

(2) Subject to the provisions of sub-section (1) the provisions of the Cattle Trespass Act, 1871 shall, as far as may be, applicable to the cattle pounds referred to in clause (i) of sub-section (1).

53. Vesting of public roads in gram panchayat - (1) All public roads in any village, other than National Highways, State High Ways and Roads vesting in *[Zilla Praja Parishad] or *[Mandal Praja Parishad] shall vest in the gram panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains drainage works, tunnels and culverts, whether made at the cost of the gram panchayat fund or otherwise, in along side or under such roads, and all works, materials and things appertaining thereto:

Provided that the gram panchayat shall take steps to remove encroachments on, and prevent, un-authorised use of, any road other than a National Highway passing through the gram panchayat.

(2) The Government may, after giving an opportunity to the gram panchayat of making a representation by notification, exclude from the operation of this Act any such public road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notification.

54. Collected sewage etc., to belong to gram panchayat - All rubbish, sewage, filth and other matter collected by a gram panchayat under this Act shall belong to it.

55. Vesting of communal property or income in gram panchayat - Any property or income which by custom belongs to or has been administered for the benefit of the villagers in common or the holders in common of village land generally or of lands of a particular description or of lands under a particular source of irrigation, shall vest in the gram panchayat and be administered by it for the benefit of the villagers or holders aforesaid.

56. Maintenance of irrigation works, execution of kudimaramat etc., - (1) (a) Subject to such conditions and control as may be prescribed, the Government may transfer to any gram panchayat the protection and maintenance of any village irrigation work, the regulation of turns of irrigation, or of distribution of water from any such irrigation work to the field depending on it.

(b) Subject to such restriction and control as may be prescribed, the fishery rights in minor irrigation tanks and the right to auction weeds and reeds in such tanks and the right to plant trees on the bunds of

such tanks and enjoy the usufruct thereof shall vest in the gram panchayat.

(2) The gram panchayat shall have power, subject to such restrictions and control as may be prescribed, to execute kudimaramat in respect of any irrigation source in the village and to levy such fee and on such basis for the purposes thereof as may be prescribed:

Provided that nothing in this section shall be deemed to relieve the village community or any of its members of its or his liability under the Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858 (Central Act 1 of 1858) or any other law similar thereto for the time being in force in respect of any irrigation source in the village, in case the gram panchayat makes default in executing the kudimaramat in respect of that irrigation source.

57. Vesting of the management of ferries in gram panchayats,etc. - Notwithstanding anything in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli (Act 2 of 1314 F), the management of a public ferry in the Andhra Area, and of a Government ferry in the Telangana area other than a ferry mentioned in sub-section (2) shall vest,-

(a) in the case of a ferry connecting any public road under the management of a gram panchayat and lying wholly within the jurisdiction of that gram panchayat, in such gram panchayat and in the case of a ferry connecting any public road under the management of a gram panchayat and lying within the jurisdiction of more than one gram panchayat, in a joint committee of the gram panchayats concerned;

(b) in case of a ferry connecting any public road under the management of a *[Mandal Praja Parishad] and lying wholly within the jurisdiction of that *[Mandal Praja Parishad] in such *[Mandal Praja Parishad] and in the case of ferry connecting any public road under the management of a *[Mandal Praja Parishad] and lying within the jurisdiction of more than one *[Mandal Praja Parishad] in a joint committee of the *[Mandal Praja Parishad] concerned;

(c) in the case of a ferry connecting any public road under the management of a gram panchayat or a *[Mandal Praja Parishad] and lying partly within the jurisdiction of a municipality, in a joint committee of the gram panchayat or a *[Mandal Praja Parishad] as the case may be, and the Municipality concerned.

(2) The Government may, subject to such conditions as may be agreed upon transfer the management of any such ferry connecting a National Highway or a State Highway and lying wholly within the jurisdiction of a gram panchayat or a *[Mandal Praja Parishad] to such gram panchayat or *[Mandal Praja Parishad] and in case the said ferry is lying within the jurisdiction of more than one gram panchayat or *[Mandal Praja Parishad] to the *[Zilla Praja Parishad] concerned.

(3) The constitution and powers of the procedure to be adopted by any joint committee referred to in sub-section (1) and the method of resolving any difference of opinion arising between the local authorities concerned in connection with the work of such committee shall be in accordance with such rules as may be prescribed.

(4) The income realised by a *[Zilla Praja Parishad], *[Mandal Praja Parishad] or a gram panchayat from any ferry under its management under sub-section (1) or sub-section (2) shall form part of its funds. The income realised by joint committee referred to in sub-section (1) or by a *[Zilla Praja Parishad] under sub-section (2) from a ferry under its management shall be apportioned in equal shares between the local authorities concerned

and the amount so apportioned shall form part of the funds of such local authorities.

Explanation: For the purpose of this section, the expression 'PublicFerry' in relation to the Andhra Area, and expression 'Government Ferry' in relation to Telangana area, shall respectively have the meaning assigned to them in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana area) Ferries Act, 1314 Fasli (Act 2 of 1314 F).

58. Certain Government porambokes to vest in gram panchayat etc- (1) The following porambokes namely grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart-stands and topes, which are at the disposal of the Government and are not required by them for any specific purpose shall vest in the gram panchayat subject to such restrictions and control as may be prescribed.

(2) The Government may, at any time by notification in the Andhra Pradesh Gazette, direct that any porambokes referred to in sub-section (1) shall cease to vest in the gram panchayat if it is required by them for any specific purpose and thereupon such porambokes shall vest in the Government.

(3) The gram panchayat shall have power, subject to such restrictions and control as may be prescribed, to regulate the use of any other poramboke which is at the disposal of the Government, if the gram panchayat is authorised in that behalf by an order of the Government.

(4) The gram panchayat may, subject to such restrictions and control as may be prescribed, plant trees on any poramboke the use of which is regulated by it under sub-section (3).

Explanation: If any question arises whether a land is a poramboke or not, for the purposes of this section, the question shall be referred to the Government whose decision thereon shall be final.

59. Acquisition of immovable property required by gram panchayat - Any immovable property which any gram panchayat may require for the purpose of this Act or any rules made thereunder may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the gram panchayat.

CHAPTER IV

TAXATION AND FINANCE

60. Taxes leviable by gram panchayats - (1) Agram panchayat shall levy in the village,-

(a) a House-tax;

(b) kolagaram, or katarusum that is to say, tax on the village produce sold in the village by weight measurement or number subject to such rules as may be prescribed;

(c) such other tax as the Government may, by notification, direct any gram panchayat or class of gram panchayats to levy subject to such rules as may be prescribed:

Provided that no such notification shall be issued and no such rule shall be made except with the previous approval of the Legislative Assembly of the State.

(2) A duty shall also be levied on transfers of property situated in the area under the jurisdiction of the gram panchayat in accordance with the provisions of section 69.

(3) Subject to such rules as may be prescribed the gram panchayat may also levy in the village,-

(i) a vehicle tax;

(ii) a tax on agricultural land for a specific purpose;

(iii) a land-cess at the rate of two naya paise in the rupee on the annual rental value of all occupied lands which are not occupied by or adjacent and appurtenant to, buildings;

(iv) fees for use of porambokes or communal lands under the control of the gram panchayat;

(v) fees for the occupation of building including chavadies and sarais under the control of the gram panchayat.

(4) Every gram panchayat may also levy a duty in the form of a surcharge on the seigniorage fees collected by the Government on materials other than minerals and minor minerals quarried in the village:

Provided that the rate at which such duty shall be levied shall be fixed by the gram panchayat with the previous approval of the Government.

(5) Every gram panchayat may, with the previous approval of the prescribed authority also levy, in respect of lands lying within its jurisdiction, a duty in the form of a surcharge at such rate, not exceeding twenty-five naya paise in the rupee, as may be fixed by the gram panchayat,-

(a) in the Andhra area, on the land cess, leviable under section 78 of the Andhra Pradesh(Andhra Area) District Boards Act, 1920 (Act XIV of 1920) and on the education tax leviable under section 37 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982);

(b) in the Telangana area, on the local cess leviable under section 135 of the Andhra Pradesh (Telangana Area) District Boards Act, 1955 (Act 1 of 1956) and on the education tax leviable under section 37 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982).

(6) Any resolution of a gram panchayat abolishing an existing tax or reducing the rate at which a tax is levied shall not be carried into effect without the previous approval of the Commissioner.

61. House-tax - (1) The house-tax referred to in clause (a) of sub-section (1) of section 60 shall, subject to such rules as may be prescribed, be levied on all houses in the village on any one of the following basis, namely:

(a) annual rental value, or

(b) capital value, or

(c) such other basis as may be prescribed:

Provided that no house tax shall be levied on poultry sheds and annexes thereto which are essential for running the poultry farms.

(2) The house-tax shall, subject to the prior payment of the land revenue, if any due to the Government in respect of the site of the house be a first charge upon the house and upon the movable property, if any, found within or upon the same and belonging to the person liable to pay such tax.

(3) The house-tax shall be levied every year and shall, save as otherwise expressly provided in the rules made under sub-section (1) be paid by the owner within thirty days of the commencement of the 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 Government may make rules providing for-

(i) the exemption of special classes of houses from the tax;

(ii) the manner of ascertaining the annual or capital value of houses or the categories into which they fall for the purposes of taxation;

(iii) the person who shall be liable to pay the tax and the giving of notice of transfer of houses;

(iv) the grant of exemptions from the tax on the ground of poverty;

(v) the grant of vacancy and other remissions; and

(vi) the circumstances in which, and the conditions subject to which houses constructed, reconstructed or demolished, or situated in areas included in, or excluded from the village, during any year, shall be liable or cease to be liable to the whole or any portion of the tax.

(5) If the occupier of a house pays the house-tax on behalf of the owner thereof, such occupier shall be entitled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to the owner.

62. Levy of house-tax on a direction by Government - (1) The Government may, by order published in the Andhra Pradesh Gazette, for special reasons to be specified in such order direct any gram panchayat to levy the house-tax referred to in clause (a) of sub-section (1) of section 60 at such rates and with effect from such date not being earlier than the first day of the year immediately following that in which the order is published, as may be specified in the order.

Such direction may be issued in respect of all buildings in a gram panchayat or in respect of only such buildings belonging to the undertakings owned or controlled by the State Government or Central Government and the buildings belonging to the State Government as may be specified therein.

(2) When an order under sub-section (1) has been published, the provisions of this Act relating to house-tax shall apply as if the gram panchayat had, on the date of publication of such order, by resolution determined to levy the tax at the rate and with effect from the date specified in the order, and as if no other resolution of the gram panchayat under section 60 determining the rate at which and the date from which the house-tax shall be levied, had taken effect.

(3) A gram panchayat shall not alter the rate at which the house-tax is levied in pursuance of an order under sub-section (1) or abolish such tax except with the previous sanction of the Government.

63. Tax on advertisements - Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on every advertisement which is so erected, exhibited, fixed, retained, or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as the gram panchayat may with the approval of the *[Zilla Praja Parishad] by resolution determine:

Provided that the rates shall be subject to the maximum and minimum prescribed by the Government in this behalf:

Provided further that no tax shall be levied under this section on any advertisement or a notice,-

(a) of a public meeting; or

(b)of an election to any legislative body or to the gram panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad]; or

(c) of a candidature in respect of such an election:

Provided also that no such tax shall be levied on any advertisement which is not a sky-sign and which,-

(a) is exhibited within the window of any building; or

(b) relates to the trade or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in the same land or building; or

(c) relates to the name of the land or building upon or over which the advertisement is exhibited or to the name of the owner or occupier of such land or building; or

(d) relates to the business of any railway administration; or

(e) is exhibited within any railway station or upon any wall or other property of a railway administration except any portion of the surface of such wall or property fronting any street.

Explanation-I : The word "structure" in this section shall include any movable board on wheels used as an advertisement or an advertisement medium.

Explanation-II: The expression "sky-sign" shall in this section, mean any advertisement, supported on or attached to any post, pole, standard framework or other support wholly or in part upon or over any land, building, wall or structure which, or any part of which shall be visible against the sky from some point in any public place and includes all and every part of any such post, pole, standard framework or other support. The expression "sky-sign" shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes, of any advertisement upon or over any land, building or structure or upon or over any public place but shall not include -

(a) any flagstaff, pole, vane or weathercock unless adopted or used wholly or in part for the purpose of any advertisement; or

(b) any sign or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building or on the cornice or on blocking course of any wall or to the ridge of a roof:

Provided that such board, frame or other contrivance be of one continuous face and not open work, and does not extend in height more than one metre above any part of the wall or parapet or ridges, to, against or on which it is fixed or supported; or

(c) any advertisement relating to the name of the land or building upon or over which the advertisement is exhibited or to the name of the owner or occupier of such land or building; or

(d) any advertisement relating exclusively to the business of a railway administration and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to railway administration and so placed that it cannot fall into any street or public place; or

(e) any notice of land or building to be sold or let, placed upon such land or building.

Explanation-III: "Public place" shall, for the purpose of this section, mean any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not.

64. Prohibition of advertisementes without written permission of executive authority - (1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, boarding or structure within the gram panchayat or shall be displayed in any manner whatsoever in any place without the written permission of the executive authority.

(2) The executive authority shall not grant such permission, if-

(i) the advertisement contravened any bye-law made by the gram panchayat under section 270;

(ii) the tax, if any, due in respect of the advertisement has not been paid.

(3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertisement tax, the executive authority shall grant permission for the period to which the payment of the tax relates and no fees shall be charged in respect of such permission:

 Provided that the provisions of this section shall not apply to any advertisement relating to the business of a railway administration erected, exhibited, fixed or retained on the premises of such administration.

65. Permission of the executive authority to become void in certain cases - The permission granted under section 64 shall become void in the following cases namely:-

(a) if the advertisement contravenes any bye-law made by the gram panchayat under section 270;

(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of Engineer of the Panchayat Raj and Rural Development Department or the *[Mandal Praja Parishad] Development Officer;

(c) if any material change be made in the advertisement or any part thereof;

(d) if the advertisement or any part thereof falls otherwise than through accident;

(e) if any addition or alteration be made to or in the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, if such addition or alteration involves the disturbance of the advertisement, or any part thereof; and

(f) if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, be demolished or destroyed.

66. Owner or person in-occupation to be deemed responsible - Where any advertisement is erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of section 63 or section 64 or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or becomes void, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in such contravention, unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.

67. Removal of un-authorised advertisements - If any advertisement is erected, exhibited, fixed or retained contrary to the provisions of section 63, section 66 or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or become void, the executive authority may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over, which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed, and the costs thereof shall be recoverable in the same manner as property tax.

68. Collection of tax on advertisements - The executive authority may form out of the collection of any tax on advertisement leviable under section 63 for

any period not exceeding one year at a time on such terms and conditions as may be determined by the gram panchayat.

69. Duty on transfers of property - (1) The duty on transfers of property shall be levied by the Government,-

(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (Central Act 2 of 1899) as in force for the time being in the State, on every instrument of the description specified below, in so far as it relates to the whole or part of immovable property as the case may be, situated in the area under the jurisdiction of a gram panchayat; and

(b) at such rate as may be fixed by the Government not exceeding five percentum on the amount specified below against such instrument:-

(2) On the introduction of the duty aforesaid-

(a) section 27 of the Indian Stamp Act, 1899 (Central Act 2 of 1899) shall be read as if it specifically required the particulars to be 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) section64 of the same Act shall be read as if it referred to the gram panchayat as well as the Government.

(3) The duty levied under this section shall be apportioned among the gram panchayat, *[Mandal Praja Parishad] and the *[Zilla Praja Parishad] concerned in such manner as may be prescribed.

(4) The Government shall make rules for regulating the collection of the duty and the apportionment thereof among the gram panchayat, *[Mandal Praja Parishad] and *[Zilla Praja Parishad] concerned and the deduction of any expenses incurred by the Government in the collection thereof.

(5) The Government may by order exempt, subject to such conditions and terms as may be specified therein, any instrument or class of instrument from the levy of duty under this section.

70. Vehicle Tax - The vehicle tax referred to in clause (i) of sub-section (3) of section 60 shall, subject to such rules as may be made in this behalf including rules, relating to the exemptions and restrictions, be levied every year on all vehicles kept or used within the village at such rates as may be fixed by the gram panchayat not being less than the minimum rates and not exceeding the maximum rates prescribed.

Explanation: In this section, "vehicle" means a conveyance 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 as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988).

71. Special tax leviable by a gram panchayat - Subject to such rules as may be prescribed, a gram panchayat shall levy a special tax on houses at such rates as may be prescribed, to provide for expenses connected with the construction, maintenance, repair, extension and improvement of water or drainage works or the lighting of the public streets and public places, and other similar works.

72. Composition of tax payable by owner of a factory or a contiguous group of buildings - Subject to such conditions and restrictions as may be prescribed, a gram panchayat may, on application by the owner of a factory or a contiguous group of buildings, permit him to compound all or any of the taxes payable by him under this Act, by paying in lieu thereof such lumpsum amount as may be agreed upon between him and the gram panchayat. Where there is no such agreement the matter may be referred to the Government in the manner prescribed and the Government shall, after giving to the gram panchayat and the owner of the factory or a contiguous group of buildings concerned an opportunity of making a representation, decide the lumpsum amount payable by the owner of the factory or a contiguous group of buildings under this section. The decision of the Government in this regard shall be final.

73. Power to write off irrecoverable amounts - Subject to such restrictions and control as may be prescribed, a gram panchayat may write off any tax, fee or other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion such tax, fee, amount or sum is irrecoverable:

Provided that where the District Collector or any of his subordinates is responsible for the collection of any tax, fee or other amount due to a gram panchayat, the power to write off such tax, fee or amount or any sum payable in connection therewith on the ground of its being irrecoverable, shall be exercised by the Commissioner of Land Revenue or subject to his control by the District Collector or any officer authorised by him.

74. Gram Panchayat Fund - (1) All moneys received by the gram panchayat shall constitute a fund called the "Gram Panchayat Fund", and shall be applied and disposed of in accordance with the provisions of this Act and other laws:

Provided that the gram panchayat shall credit, subject to such rules as may be prescribed, the proceeds of any tax or fee levied under this Act, to a special fund earmarked for the purpose of financing any specific public improvement. A separate account shall be kept of the receipts into and the expenditure from such special fund.

(2) Subject to the provisions of sub-section (1), the receipts which shall be credited to the gram panchayat fund shall include,-

(i) the house-tax and any other tax or any cess or fee, levied under this Act;

(ii) the proceeds of the duty collected under sub-section (4) of section 60;

(iii) the proceeds of the duty on transfers of property levied under section 69 which are paid to the gram panchayat;

1[(iv) any payment made to the gram panchayat by a market committee in pursuance of sub-section (3) of section 11 of the Andhra Pradesh (Andhra Area) Commercial Crops Markets Act, 1933 (Act XX of 1933), or any other law similar thereto for the time being in force;

(v) the taxes and tolls levied in the village under sections 117 and 118 of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939); or under the corresponding provision of any other law similar thereto for the time being in force in the State;

(vi) any payment made to the gram panchayat by the Government under section 13 of the Andhra Pradesh Entertainments Tax Act, 1939 (Act X of 1939);

(vii) the amount contributed by the *[Mandal Praja Parishad] to the Gram Panchayat in respect of markets in the village classified as *[Mandal Praja Parishad] markets or paid by the *[Mandal Praja Parishads] to the gram panchayat towards the latter's share of the income derived from such markets as per the apportionment made under section 112 and the amount paid by a *[Zilla Praja Parishad] or any of the joint committees referred to in section 57 to the gram panchayat towards the latter's share of the income derived from a ferry under the management of the *[Zilla Praja Parishad] or joint committee, as the case may be, as per the apportionment made under the said section;

(viii) fees for the temporary occupation of village sites, roads and other similar public places or parts thereof in the village;

(ix) fees levied by the gram panchayat in pursuance of any provision in this Act, or any rule or other made thereunder;

(x) income from endowments and trusts under the management of the gram panchayat;

(xi) the net assessment on service inams which are resumed by Government after the commencement of this Act;

(xii) income derived from village fisheries, vested in the gram panchayat including the woods and reeds;

(xiii) income derived from ferries under the management of the gram panchayat;

(xiv) unclaimed deposits and other forfeitures;

(xv) the seigniorage fees collected by the Government every year from persons permitted to quarry in the village for materials including minor minerals other than major minerals;

(xvi) all income derived from porambokes which vest in the gram panchayat or the user of which is regulated by the gram panchayat and also the penalty and penal assessmentif

1. Clause (iv) omitted and existing clauses (v) to (xxiv) renumbered as clauses (iv) to (xxiii) by the Act No.37 of 2001, S.4, w.e.f.23.08.2001.

any, levied in respect of unauthorised occupation thereof under any law for the time being in force;

(xvii) all income derived from trees standing on porambokes although the user of the porambokes is not vested in the gram panchayat;

(xviii) income from leases of Government property obtained by the gram panchayat;

(xix) a sum equivalent to one-tenths of the gross income derived by the Government every year from fines imposed by Magistrates in respect of offences committed in the village under this Act, or any rule or bye-law made thereunder or any other provision of law which is prescribed in this behalf;

(xx) grants received from the Government, the *[Zilla Praja Parishad] or *[Mandal Praja Parishad];

(xxi) income from investments of amounts taken from the gram panchayat fund;

(xxii) all other receipts accruing from the sources of gram panchayat revenue specified in this Act; and

(xxiii) all sums other than those enumerated above which arise out of, or are received in aid-of, or for expenditure on any institutions or services maintained or financed from the gram panchayat fund or managed by the gram panchayat.]

(3) All moneys received by the gram panchayat shall be lodged in the nearest Government treasury.

1[Provided that the amounts received as funds under the Jawahar Rozgar Yojana Employment Assurance Scheme or other Wage Employment Schemes shall be lodged in nearby Nationalised Banks or Co-operative Banks or Post Offices in such manner as may be prescribed.]

2[(4) All orders or cheques against the Gram Panchayat Fund shall be signed by such authority as may be prescribed.]

75. Expenditure from Gram Panchayat Fund- (1) The purposes to which the gram panchayat fund may be applied include all objects expressly declared obligatory or discretionary by this Act or any rules made thereunder or by any other laws or rules and the fund shall be applicable thereto within the village subject to such rules or special orders as the Government may prescribe or issue and shall, subject as aforesaid, be applicable to such purposes outside the village if the expenditure is authorised by this Act or specially sanctioned by the Commissioner.

(2) (a) It shall be the duty of every gram panchayat to provide for the payment of,-

(i) any amounts falling due on any loans contracted by it;

(ii) the salaries and allowances and the pensions, pensionary contributions and provident fund contributions of its officers and servants;

(iii) sums due under any decree or order of a court;

(iv) contributions, if any, levied by the *[Mandal Praja Parishad]subject to such limits as may be specified by Commissioner; and

1. Added by the Act No. 16 of 1998, S.2, w.e.f. 20.02.1998.

2. Substituted by the Act No. 17 of 1996, S.2, w.e.f. 08.02.1996.

(v) any other expenses rendered obligatory by or under this Act or any other law.

(3) A gram panchayat may, with the sanction of the Government, contribute to any fund for the defence of India.

(4) A gram panchayat may, with the sanction of the Commissioner, also-

(i) contribute towards the expenses of any public exhibition, ceremony or entertainment in the village;

(ii) contribute to any charitable fund, or to the funds of any institution for the relief of the poor or the treatment of diseased or infirmity or the reception of diseased or infirm persons or the investigation of the causes of disease;

(iii) contribute to the funds of any institution established for promoting community development or the aims of Panchayat Raj; and

(iv) defray any other extraordinary charges.

76. Election expenses to be borne by the Government - The cost of the preparation and revision of the electoral roll, the cost of the election expenses, including the conduct of elections to the gram panchayat and the cost of maintenance of election establishment employed in connection therewith, shall be borne by the Government.

77. Preparation and sanction of budget - (1) The executive authority shall in each year frame before the prescribed date and place before the gram panchayat or, the budget showing the probable receipts and expenditure during the following year and the gram panchayat shall, within one month of the date on which the budget is placed before it, sanction the budget with such modifications, if any, as it thinks fit:

Provided that if for any reasons, the budget is not sanctioned by the gram panchayat under this sub-section before the expiration of the period of one month aforesaid, the executive authority shall submit the budget to the Divisional Panchayat Officer, who shall sanction it with such modifications, if any, as he thinks fit.

(2) Where the budget is sanctioned by the gram panchayat it shall be forwarded by the executive authority on or before such date as may be prescribed to the Divisional Panchayat Officer. The Divisional Panchayat Officer shall make such suggestions or modifications as he may deem fit within one month from the date of its receipt and return it to the gram panchayat which shall consider the same and approve the budget with or without modifications, at a special meeting convened for the purpose; and the Budget so approved at such meeting shall be final.

(3) If in the course of a year a gram panchayat finds it necessary to alter figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplemental or revised budget may be framed, sanctioned, submitted and modified in the manner provided in sub-sections (1) and (2).

78. Contribution to expenditure by other local authorities- If the expenditure incurred by the Government or by any other gram panchayat or the *[Mandal Praja Parishad] or *[Zilla Praja 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.

79. Recovery of loans and advances made by the Government - (1) Notwithstanding anything in the Local Authorities Loan Act, 1914 (Central Act

9 of 1914), or any other law similar thereto for the time being in force, the Government may-

(a) by order direct any person having custody of the gram panchayat fund to pay to them in priority to any other charges against such fund, except charges for the service of authorised loans, any loan or advance made by them to the gram panchayat for any purpose to which its funds may be applied under this Act;

(b) recover any such loan or advance by suit.

(2) The person to whom the order referred to in clause (a) of sub-section (1) is addressed shall be bound to comply with such order.

CHAPTER V

PUBLIC SAFETY, CONVENIENCE AND HEALTH

80. Vesting of water works in gram panchayats - (1) All public water courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand-pipes and other water works (including those used by the public to such and extent as to give a prescriptive right to their use) whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erected at the cost of the gram panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not being private property, appertaining thereto shall vest in the gram panchayat and be subject to its control:

Provided that nothing in this sub-section shall apply to any work which is, or is connected with, a work of irrigation or to any adjacent land appertaining to any such work.

(2) Subject to such restrictions and control as may be prescribed, the gram panchayat shall have the fishery rights in any water work vested in it under sub-section (1), the right to supply water from any such work for raising seed beds on payment of the prescribed fee, and the right to use the adjacent land appertaining thereto for planting of trees and enjoying the usufruct thereof or for like purpose.

(3) The Government may, by notification, define or limit such control or may, assume the administration of any public source of water supply and public land adjacent and appertaining thereto after consulting, the gram panchayat and giving due regard to its objections, if any.

81. Setting apart of public tanks etc. for certain purposes - (1) (a) The gram panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or other articles or fishing in any public spring, tank or well or in any public water-course or part thereof and may set apart any such place for drinking or for bathing or for washing animals or clothes or for any other specified purpose.

(b) The powers conferred by clause (a) may, in the case of any private spring, tank, well, or water course, be exercised by the gram panchayat, with the consent of the owner of such place.

(c) The gram panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or of other articles, in any private spring, tank, well or water-course from which the public have a right to take water for drinking purposes.

(2) The executive authority on receipt of a certificate from any health or medical officer in the service of the Government, the gram panchayat or the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] stating that the water in any well, tank, spring or other sources of water-supply to which the public have access in the village, is likely to endanger or cause the spread of any dangerous disease, shall, by public notice, prohibit the use of such water, such notice shall be served by affixing a copy of it near the source of water-supply and by beat of drum stating the number of days during which such prohibition

shall last. The executive authority may modify the notice or extend the period of operation therof without the production of a further certificate.

82. Prohibition against using places so set apart for purposes other than those notified - No person shall-

(a) bathe in or defile, the water in any place set apart for drinking or cooking purposes either by a gram panchayat or in the case of private property, by the owner thereof; or

(b) deposit any offensive or deleterious matter in the bed of any place set apart as aforesaid when such bed is dry; or

(c) wash clothing in any place set apart as aforesaid; or

(d) wash any animal or any cooking utensil or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any other place set apart as aforesaid or set apart for bathing or for washing clothes; or

(e) allow the water from a sink, sewer, drain engine or boiler, or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid or set apart for bathing or for washing clothes.

83. Contribution from persons having control over places of pilgrimage etc - Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs, or festivals or for other like purposes, is situated within the limits of a village or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the gram panchayat but the Government may, after consulting the trustee or other person having control over such place, require him to make such recurring or non-recurring contribution to the funds of the gram panchayat as they may determine.

84. Cleaning of private latrines - The executive authority of a gram panchayat may contract with the owner or occupier of any premises to remove rubbish or filth or any particular kind of rubbish or filth, from such premises or any place belonging thereto, on such terms as to times and periods of removal and other matters as may deem fit and suitable to the executive authority and on payment of fees at such rate calculated to cover the cost of the service as the gram panchayat may fix.

85. Registration of burial and burning grounds - (1) Every owner or person having control of any place used at the commencement of this Act as a place for burying, burning or otherwise disposing of the dead, shall, if such place be not already registered under any law applicable thereto, apply to the gram panchayat to have such place registered under this Act.

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

86. Licensing of places for disposal of the dead - (1) No new place for the disposal of the dead whether private or public, shall be opened, formed, constructed or used, unless a licence is obtained from the gram panchayat on application.

(2) Such application for a licence shall be accompanied by a plan of the place to be licensed showing the locality, boundary and extent thereof the name of the owner or person or community interested therein, the system of management and such further particulars as the gram panchayat may require.

(3) The gram panchayat to which an application is made, may, in consultation with the District Health Officer -

(a) grant or refuse a licence, or

(b) postpone the grant of licence, until objections, if any, to the site, considered reasonable by the gram panchayat have been removed or any particulars called for by it have been furnished.

(4) The District Collector may cancel or modify any order passed by gram panchayat under sub-section (3).

87. Provision of burning and burial grounds - A gram panchayat may, and shall, if no sufficient provision exists, provide at the cost of the gram panchayat fund, places to be used as burial or burning grounds or crematoria and may charge rents and fees for the use thereof.

88. A book to be kept of places registered, licensed or provided - (1) A book shall be kept at the office of every gram panchayat in which the places registered, licensed or provided under section 85, section 86, section 87 and all such places registered, licensed or provided before the commencement of this Act shall be recorded.

(2) A notice in English and in the chief language of the village that such place has been registered, licensed or provided as aforesaid, shall be affixed at or near the entrance to such place conspicuously.

89. Prohibition against burying or burning in unauthorised places - No person shall bury, burn or otherwise dispose of or cause of suffer to be buried, burnt or otherwise disposed of, any corpse in any place within two hundred metres of a dwelling place or any source of drinking water supply other than a place registered, licensed or provided as aforesaid.

90. Notices to be given to gram panchayat of burials etc. - The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal, of a corpse at such place to any person appointed by the gram panchayat.

91. Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves- (1) If a gram panchayat is satisfied,-

(a) that any registered or licensed place for the disposal of the dead is in such a state or a situation as to be or to be likely to become, dangerous to the health of persons living in the neighbourhood thereof; or

(b) that any burial ground is overcrowded with graves, and if in the case of a public burial or burning ground or other place as aforesaid, another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may, with the approval of Commissioner, give notice that it shall not be lawful, after a period of not less than two months to be specified in such notice, to bury, burn or otherwise dispose of, any corpse at such place.

(2) Every notice given under sub-section (1) shall be published by affixture to the notice board in the office of the gram panchayat and in the village by beat of drum.

(3) No person shall, in contravention of any notice under this section and after the expiration of the period specified in such notice, bury, burn or otherwise dispose of, or cause or permit to be buried, burnt or otherwise disposed of, any corpse at such place.

1 [92. Power to Control and administer stray dogs or pigs – A Gram Panchayat shall have power to control and administer stray dogs or pigs, in such manner as may be precsribed.]

1. Substituted by the Act No. 8 of 2018, S.2.

93. Prohibition against allowing outflow of filth - No owner or occupier of any premises shall allow the water from any sink, drain, latrine, or stable or any other filth, to flow out of such premises to any portion of a public road except a drain or cesspool or to flow out of such premises in such a manner as to cause nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of such public road.

94. Power as to sanitation and conservancy - (1) If it appears necessary to improve the sanitary conditions of any area within the village, the executive authority may, by written notice, require owner or occupier of any of the lands, and houses in area, within a reasonable period to be specified in the notice, -

(a) to remove a hut or privy either wholly or in part;

(b) to construct in a building, private drains therefor or to alter or to remove, any private drain thereof;

(c) to cause any land or building to be cleansed to the satisfaction of the executive authority;

(d) where any land or building contains a well, pool, ditch, pond, tank, or any drain, filth or stagnant water which is injurious to health or offensive to the neighbourhood or is otherwise a source of nuisance, to cause the same to be filled up, cleansed or deepened or to cause the water to be removed therefrom or drained off or to take such other action as may be deemed necessary by the executive authority;

(e) to cause any land overgrown with vegetation, under growth, prickly-pear, or jungle which is in any manner injurious to health or dangerous to the public or offensive to the neighbourhood or an impediments to efficient ventilation, to be cleared of the vegetation, undergrowth, prickly pear or jungle;

(f) to convert any step well into a draw-well:

Provided that the executive authority shall hear and decide objections, if any raised by the person on whom a notice is so served.

(2) If any work required under sub-section (1) is not executed within the period specified in the notice the executive authority may himself caused such work to be carried out, and may recover the cost of such work or part thereof from the owner or occupier referred to in sub-section (1) in the manner hereinafter provided.

95. Prohibition against working of quarry near public roads - (1) No person shall work a quarry in, or remove stones, earth or other material from, any place within twenty metres of a public road or of other immovable property vesting in or belonging to the gram panchayat under a licence issued by a gram panchayat. The gram panchayat may either grant or refuse to grant a licence and in the later case the reasons for refusal shall be communicated to the person concerned.

(2) If, in the opinion of the gram panchayat, the working of any quarry or the removal of stone, earth or other material from any place is dangerous to any person residing in, or having legal access to, the neighbourhood thereof or creates or is likely to create a nuisance, the gram panchayat may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material form such place or to take such action in respect of such quarry or place as it shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.

96. Prohibition against destruction in or over public roads - No person shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any public road except as hereinafter provided.

97. Prohibition against and regulation of door, gate, bar or ground floor window opening outwards - (1) No door, gate, bar or ground floor window shall, without a licence from the executive authority, be hung or placed so as to open outwards upon any public road vested in the gram panchayat.

(2) The executive authority may, by notice, require the owner of such door, gate, bar or ground floor window to alter it, so that no part thereof when open shall project over the public road.

98. Removal of encroachments - (1) The executive authority may, by notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction, other than a door, gate, bar or ground floor window, situated against or in front of such building and in or over any public road vested in such gram panchayat.

(2) If the owner or the occupier of the building proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any local authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the gram panchayat shall make reasonable compensation to every person who suffers damages by the removal or alteration of the same.

99. Power to allow certain projections and erections - (1) The executive authority may, with the approval of the gram panchayat, grant a licence, subject to such conditions and restrictions as he may think fit to the owner or occupier of any building to put up varandahs, balconies, sunshades, weather frames and the like, to project over a public road vested in such gram panchayat; or to construct any step or drain covering necessary for access to the building.

(2) The executive authority may grant a licence, subject to such conditions and restrictions as he may think fit for the temporary erection of pandal and other structures in a public road vested in such gram panchayat; or in any other public place the control of which is vested in such gram panchayat.

(3) The executive authority shall have power with the approval of the gram panchayat, to lease the roadsides vested in such gram panchayat for occupation on such terms and conditions and for such period as the gram panchayat may fix.

(4) But neither a licence under sub-section (1) nor a lease under sub-section (3) shall be granted if the projection, construction or occupation, as the case may be, is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such.

(5) The Government may, by notification, restrict and place under such control as they may think fit the exercise, by any gram panchayat of the powers under sub-sections (1) and (3).

(6) On the expiry of any period for which a licence has been granted under this section, the executive authority may without notice, cause any projection or construction put up under sub-section (2) to be removed, and the cost of so doing shall be recoverable, in the manner hereinafter provided from the person to whom the licence was granted.

100. Prohibition of building on sewer, drain etc., without permission - (1) No building shall be erected without the written permission of the executive authority or any person authorised by such executive authority, over any sewer or drain or any part of sewer or drain or upon any ground which has been covered, raised or levelled wholly or in part by road sweepings or other rubbish.

(2) The executive authority or the person authorised by him as aforesaid may, by notice, require any person who has erected a building without such

permission or in a manner contrary to or inconsistent with the terms of such permission, to demolish the same.

101. Prohibition against making holes and causing obstruction in public roads - (1) No person shall make a hole or cause any obstruction in any public road vested in a gram panchayat except with the previous permission of the executive authority and subject to such conditions as the executive authority may impose.

(2) When such permission is granted such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction to be sufficiently lighted during the night.

(3) If any person contravenes the provisions of this section, the executive authority shall fill up the hole or remove the obstruction or cause the hole or obstruction to be lighted, as the case may be, and may recover the cost of so doing from such person.

102. Prohibition against planting or felling trees on public roads etc., without permission - (1) No person shall plant any tree on any public road or other property vesting in or belonging to a gram panchayat, except with the previous permission of the executive authority and on such conditions as the executive authority may impose.

(2) No person shall fell, remove, destroy lop or strip bark, leaves or fruits from, or otherwise damage any tree vesting in or belonging to a gram panchayat and growing on any such public road or property, except with the previous permission or order of the executive authority and on such conditions as the executive authority may impose.

103. Recovery of penalty and compensation for unauthorised occupation of land - (1) If any person, without the previous sanction of the gram panchayat, occupies any land which is set apart for any public purpose and is vested in or belongs to it, he shall be bound to pay in respect of such occupation such sum as may be demanded by the gram panchayat by way of penalty; and any such sum may be recovered in the manner hereinafter provided.

(2) The executive authority may, by notice require any person on whom a penalty is or may be imposed under sub-section (1) to vacate such land and to remove any building or other construction or anything deposited on it.

(3) If any damage to the property of the gram panchayat has been caused by any person occupying any land for which he is liable to pay penalty under sub-section (1), he shall be liable to pay compensation to the gram panchayat for such damage in addition to and irrespective of any penalty that may be imposed on or recovered from him, and the amount of such compensation, shall in case of dispute be determined and recovered in the manner hereinafter provided.

104. Public Markets - (1) The gram panchayat may provide places for use as public markets and, with the sanction of the Commissioner, close any such market or part thereof.

(2) Subject to such rules as may be prescribed the gram panchayat may levy one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any prescribed in this behalf, as the gram panchayat may think fit-

(a) fees for the use of, or for the right to expose goods for sale in, such market;

(b) fees for the use of shops, stalls, pens or stands in such markets;

(c) fees on vehicles including motor vehicles as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or pack-animals bringing or persons carrying, any goods for sale in such markets;

(d) fees on animals brought for sale into or sold in such markets;

(e) licence fees on brokers, commission agents, weighmen and measures practising their calling in such market.

105. Licence for private markets - (1) No person shall open a new private market or continue to keep open a private market unless he obtains from the gram panchayat a licence to do so.

(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed, as the case may be.

(3) The gram panchayat shall, as regards private markets already lawfully established and may, as regards new private markets, grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water supply, width of paths and ways, weights and measures to be used, and rents and fees to be charged in such market, as the gram panchayat may think proper; or the gram panchayat may, for reasons to be recorded in writing, refuse to grant any such licence for any new private market. The gram panchayat may, however, at any time for breach of any condition of the licence suspend or cancel the licence granted under this 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, cancellation or modification in the chief language of the village to be pasted conspicuously at or near the entrance to the place in respect of which the licence was sought or had been obtained.

(5) Every licence granted under this section shall expire at the end of the year.

(6) Any person aggrieved by an order of the gram panchayat under sub section (3) may appeal against such order to the Commissioner who may, if he thinks fit, suspend the execution of the order, pending the disposal of the appeal.

106. Fee for licence - When a licence granted under section 104 permits the levy of any fees of the nature specified in sub-section (2) of section 104 a fee not exceeding fifteen percentum of the gross income of the owner from the market in the preceding year, shall be charged by the gram panchayat for such licence.

107. Power exercisable by executive authority in respect of public markets - The executive authority may expel from any public market any person who or whose servant has been convicted of disobeying any bye-laws for the time being in force in such market, and may prevent such persons from further carrying on by himself or his servants or agents, any trade or business in such market, or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any shop, stall or place.

108. Powers exercisable by gram panchayat in respect of private markets - (1) The gram panchayat may by notice, require the owner, occupier, or farmer of any private market to;-

(a) construct approaches, entrances, passages, gates, drains and cess-pits for such market and provide it with latrines of such description and in such position and number as the gram panchayat may think fit;

(b) roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the gram panchayat secure imperviousness and ready cleansing;

(c) ventilate it properly and provide it with an adequate supply of water;

(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the gram panchayat may direct;

(e) keep it in a cleanly and proper state, remove all filth and refuse therefrom and dispose of them at such place and in such manner as the gram panchayat may direct; and

(f) make such other sanitary arrangements as the gram panchayat may consider necessary.

(2) If any person, after notice given to him in that behalf by the gram panchayat, fails within the period and in the manner laid down in the said notice, to carry out any of the works specified in sub-section (1), the gram panchayat may suspend the licence of the said person, or may refuse to grant him a licence until such work is completed.

(3) It shall not be lawful for any person to keep open any private market during such suspension or until the licence is renewed.

(4) No owner, occupier, agent or manager incharge of any private market, or of any shop, stall, shed or other place therein, shall keep the same so that it is a nuisance, or fail to cause anything that is a nuisance in such market, shop, stall, shed or other place to be at once removed to a place to be specified by the gram panchayat.

109. Decisions of disputes as to whether places are market - If any question arises as to whether any place is a market or not, the gram panchayat shall make a reference thereon to the Government and their decision shall be final.

110. Prohibition of sale in unlicensed private market etc., - No person shall sell or expose for sale any animal or article,-

(a) in any unlicensed private market; or

(b) in any public or licensed private market without the permission of the executive authority or licensee, as the case may be, or of any person authorised by him.

111. Prohibition against sale in or upon public roads - The executive authority may, with the sanction of the gram panchayat, prohibit by public notice or licence or regulate, the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof.

112. Classification of markets - (1) The Government shall have power to classify public and private markets situated in a village as *[Mandal Praja Parishad] markets and gram panchayat markets and provide for the control of any such market and for the apportionment of the income derived therefrom between the *[Zilla Praja Parishad], *[Mandal Praja Parishad] and the gram panchayat or the payment of a contribution in respect thereof to the gram panchayat or the *[Zilla Praja Parishad] or *[Mandal Praja Parishad] as the case may be.

(2) In the case of markets classified as *[Mandal Praja Parishad] markets, the gram panchayat and its executive authority shall not exercise any of the powers conferred on them by sections 104 to 111 or both inclusive.

113. Vesting of places used as markets situated in estates taken over by the Government - With effect on and from the date of deposit of final compensation under sub-section (1) of section 41 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act XXIV of 1948), in respect of any estates any place used as a market in such estates, which was vested in the Government under the provisions of the said Act, shall stand transferred to, and vest in, the gram panchayat in whose limits

such place is situated and, thereupon, the gram panchayat shall provide such place for use as a public market.

114. Classification of public roads, fairs and festivals etc., - The classification of public roads, fairs, and festivals, choultries, dispensaries and libraries in any gram panchayat area as appertaining to the *[Zilla Praja Parishad], *[Mandal Praja Parishad] or the gram panchayat shall be made by the Commissioner in such manner as may be prescribed.

115. Public landing places, cart-stands etc., - Subject to such rules as may be prescribed, the gram panchayat may : -

(a) provide public landing places, halting places and cart stands (which last expression includes stands for animals and vehicles of any description including motor vehicles) and levy fees for their use:

Provided that it shall be open to the gram panchayat to permit any person to compound such fees by paying in lieu thereof such lumpsum amount as may be fixed by the gram panchayat.

(b) where any such place or stand has been provided prohibit the use for the same purpose by any person within such distance thereof, of any public places or the sides of any public road, as the gram panchayat may, subject to the control of the Commissioner specify.

116. Private cart-stands - No person shall open a new private cart-stand and or continue to keep open a private cart-stand unless he obtains from the gram panchayat a licence to do so. Such licence shall be renewed every year.

(2) The gram panchayat 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.

117. Public slaughter houses - Subject to such rules as may be prescribed, every gram panchayat may provide places for use as public slaughter-houses and charge rents and fees for their use.

118. Prohibition or regulation of the use of places for slaughtering animals and licensing of slaughterers - The Government shall have power to make rules for,-

(a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified in the rules, on all occasions not excepted therein, at places other than public slaughter-houses;

(b) licensing persons to slaughter animals specified in the rules for purposes of sale to the public; and

(c) the inspection of slaughter-houses and of the meat therein and the payment of remuneration to the officers employed for such inspection.

119. Purposes for which places may not be used without licence - The gram panchayat may notify in the prescribed manner, that no place within the limits of the village shall be used for any one or more of the purposes specified in the rules made in this behalf without a licence issued by the executive

authority in the prescribed manner and except in accordance with the conditions specified in such licence:

Provided that no such notification shall take effect until the expiry of a period of sixty days from the date of publication.

120. Applications to be made for construction, establishment, or installation of factory, workshop or work-place in which steam or other power is to be employed - (1) Every person intending-

(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ-steam power, water power or other mechanical power or electrical power; or

(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other powers as aforesaid, not being machinery or manufacturing plant exempted by rules made in this behalf, shall, before beginning such construction, establishment or installation, obtain the permission of the gram panchayat in the prescribed manner for undertaking the intended work.

(2) The application to be made under sub-section (1) shall conform to such rules and shall be processed in such manner and in consultation and approval of such authorities and subject to such conditions as may be prescribed.

121. Construction of building - No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed and no addition or alteration shall be made to an existing building without the permission of the gram panchayat granted in accordance with the provisions of any rules or bye-laws made under this Act, relating to the use of building sites or the construction or reconstruction of buildings:

Provided that the Government may, in respect of all gram panchayats or with the consent of the gram panchayat, in respect of any particular gram panchayat or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of any rules or bye-laws made under this Act.

122. Power of gram panchayat to issue directions for abatement of nuisance caused by steam or other power - (1) If in any factory, workshop or work-place in which steam power, water power or other mechanical power or electrical power is used, nuisance is caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the gram panchayat may issue such directions as it thinks fit for the abatement of nuisance within a reasonable time to be specified for the purpose.

(2) If there has been wilful default in carrying out such directions or if fabatement is found impracticable, the gram panchayat may,-

(a) prohibit the use of the particular kind of fuel employed, or

(b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work-place between the hours of 9.30 p.m. and 5.30. a.m.

123. Form of licences, notices, permissions - All licences, notices, permissions, given issued or granted, as the case may be, under the provisions of this Act, shall be in accordance with such rules as may be made in this behalf.

124. Power of Government to pass order to give directions - The Government may, either generally or in any particular case, make such order or give such directions as they may deem fit, in respect of any action taken or omitted to be taken under section 119, section 120 or section 122.

125. Modification of the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 - Notwithstanding in the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 or any other Act similar thereto for the time

being in force in the State, when the Government extend that Act to any village or part thereof,-

(a) the authority to whom application shall be made for a licence under that Act in respect of any place or building to be used exclusively for purposes other than the holding of cinematograph exhibitions and who may grant or refuse such licence shall be the executive authority; and

(b) the appeal from the order of the executive authority granting, refusing, revoking or suspending a licence under that Act shall lie to the gram panchayat.

CHAPTER VI

GENERAL AND MISCELLANEOUS (GRAM PANCHAYATS)

126. Power to name streets and number buildings - (1) The gram panchayat may, in the manner prescribed, cause a name to be given to any street and shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of such building and in a like manner, may, from time to time, cause such name or number to be altered.

(2) No person shall, without lawful authority, destroy, pull down, or deface any such name or number or any number assigned to any building in any such area.

(3) When a number has been affixed, the owner of the building shall be bound to maintain such number and to replace it if removed or defaced, and if he fails to do so, the prescribed authority may, by notice require him to replace it.

127. General provisions regarding licences and permissions- (1) Every licence and permission granted under this Act or any rule or bye-law made under this Act shall specify the period, if any, for which, and the restrictions limitations and conditions subject to which the same is granted and shall be signed by the executive authority or by some person duly authorised by him in this behalf.

(2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on such units and at such rates as may be fixed by the gram panchayat:

Provided that a person who is a barber, washerman, medari or kummara or other village artisan by profession shall not be liable to pay any fees in relation to the licence granted to him for the use of any place in the gram panchayat for exercising his profession or transacting his business as such.

(3) Every order of the authority competent under this Act or any rule or bye-law made thereunder to pass an order refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds:

Provided that every application for a licence or permission under this Act shall be disposed of within fifteen days from the date of receipt thereof or from the date of receipt of approvals or completion of other formalities prescribed failing which it shall be deemed that licence or permission is granted.

(4) Subject to the special provisions regarding private markets, any licence or permission granted under this Act or any rule or bye-law made thereunder it may, at any time, after giving the persons concerned an opportunity of making a representation be suspended or revoked by the executive authority if any of the restrictions, limitations or conditions laid down in respect thereof is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-law or regulation made under it, in any matter to which such licence or permission relates or if the grantee has obtained the same by misrepresentation or fraud.

(5) It shall be the duty of the executive authority to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset, and also between sunset and sunrise if it is open to the public or any industry is being carried on in it at that time; and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-laws or regulations, any condition of a licence or permission or any lawful direction or prohibition is being contravened; and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the executive authority or any person to whom he has lawfully delegated his powers; or by the use of any force necessary for effecting an entrance under this sub-section.

(6) When any licence or permission is suspended or revoked or when the period for which it was granted, or within which application for renewal should be made has expired, whichever expires later, the grantee shall for all purposes of this Act, or any rule or bye-law made under this Act, be deemed to be without a licence or permission, until the order suspending or revoking the licence or permission is cancelled or subject to sub-section (11) until the licence or permission is renewed as the case may be.

(7) The grantee of every licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same at the request of the executive authority.

(8) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration as required by the provisions of this Act or any rule or bye-law made thereunder, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the gram panchayat the amount of the fee chargeable for the licence or permission or for registration and may, in his discretion, also recover summarily and pay over to the gram panchayat such amount, if any, as he may fix, as the costs of the prosecution.

(9) Save as otherwise expressly provided in or may by prescribed under this Act, every application for a licence or permission or for registration under this Act or any rule, bye-law or regulation made thereunder or for renewal thereof, shall be made not less than thirty and not more than ninety days before the commencement of the period or such less period as is mentioned in the application.

(10) Recovery of the fee under sub-section (8) shall not entitle the person convicted to a licence or permission or to registration as aforesaid.

(11) The acceptance by or on behalf of a gram panchayat of the pre payment of the fee for a licence or permission or for registration shall not entitle the person making such pre-payment to the licence or permission or of registration, as the case may be but only to refund of the fee in case of refusal of the licence or permission or of registration, but an applicant for the renewal of a licence or permission or registration shall, until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed and save as otherwise specially provided in this Act, if orders on an application for licence or permission or for registration are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the executive authority, the application shall be deemed to have been allowed for the period if any, for which it would have been ordinarily allowed and subject to the law, rules, bye-laws and regulations and all conditions ordinarily imposed.

128. Appeal from the order of executive authority- (1) An appeal shall lie to the gram panchayat from,-

(a) any order of the executive authority granting, refusing, suspending or revoking a licence or permission;

(b) any other order of the executive authority that may be made appealable by rules made under section 268.

(2) A second appeal shall lie from the decision of the gram panchayat passed in an appeal under sub-section (1) to such authority as may be prescribed whose decision thereon shall be final.

129. Limitation of time for appeal - In any case in which no time is fixed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal shall, subject to the provisions of section 5 of the Indian Limitation Act, 1963 (Central Act 36 of 1963) be presented within thirty days after the date of receipt of the order from which the appeal is preferred.

130. Government and Market Committees not to obtain licences and permissions - Nothing in this Act or in any rule, bye-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye-law or regulation in respect of any place in the occupation or under the control of the State or Central Government or of a *[Mandal Praja Parishad] or Zilla Prishad or of a Market committee constituted under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (Act 16 of 1966) or in respect of any property of the State or Central Government or of any property belonging to such *[Mandal Praja Parishad] or *[Zilla Praja Parishad] or Market Committee.

131. Time for complying with notice, order etc., and power to enforce in default- (1) Whenever by any notice, requisition or order under this Act, or under any rule, bye-law or regulation made thereunder, any person is required to execute any work to take any measures or to do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done.

(2) If such notice, requisition or order is not complied with within the times so named-

(a) the executive authority may cause such work to be executed or may take any measures or do anything which may in his opinion be necessary for giving due effect to the notice, requisition or order and all expenses thereby incurred by the gram panchayat shall be paid by the person or persons upon whom a notice was served and shall be recoverable in the manner hereinafter provided; and further

(b) if no penalty has been specially provided, in this Act for failure to comply with such notice, requisition or order the said person shall be punishable with fine not exceeding fifty rupees for every such offence.

132. Powers of entry and inspection - (1) Subject to such restrictions and conditions as may be prescribed the executive authority or any person authorised by him may, between sunrise and sunset on any day enter any place building or land with or without notice and with or without assistants or workmen in order to make an inquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work which is authorised by the provisions of the Act or of any rule, bye-law, regulation or order made under it or which it is necessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions.

(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under sub-section (1) or the use of any force necessary for effecting an entrance under that sub-section.

133. Testing of weights and measures- The executive authority or any person authorised by him may examine and test the weights and measures used in the

markets and shops in the village with a view to the prevention and punishment of offences relating to such weights and measures under chapter XIII of the Indian Penal Code (Central Act 45 of 1860).

134. Power to call for information from *[Executive Authority]- (1) The executive authority may, by an order in writing require the *[Executive Authority]having jurisdiction over the gram panchayat to furnish him information on any matter falling within such categories as may be prescribed in respect of villages within his jurisdiction or any part thereof or any person or property therein and such *[Executive Authority]shall comply with such order.

(2) The order shall specify the period within which it may be complied with but the executive authority may, from time to time, extend such period.

135. Limitation for recovery of dues - No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any tax or other amount due to a gram panchayat under this Act or any rule, bye law, regulation or order made under it after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced as the case may be in respect of such tax or amount.

136. Persons empowered to prosecute - Save as otherwise expressly provided in this Act, no person shall be tried for any offence against this Act or any rule or bye-law made thereunder, unless complaint is made within twelve months of the commission of the offence by the police the executive authority or person expressly authorised in this behalf by the gram panchayat or executive authority:

Provided that failure to take out a licence, obtain permission or secure registration under this Act, shall, for the purposes of this section be deemed a continuing offence until the expiration of the period if any, for which the licence, permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.

137. Power to compound offences- (1) Theexecutive authority may, subject to such restrictions and control, as may be prescribed compound for a sum not exceeding rupees five hundred, any offence against the provisions of this Act or any rule or bye-law made thereunder, which may by rules, be declared compoundable.

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

(3) Nothing in this section shall apply to election offences.

138. Prosecutions and compositions to be reported to gram panchayat - Every prosecution instituted or offence compounded by the executive authority shall be reported by him to the gram panchayat at its next meeting.

1 [138A. Notice of action against Gram Pranchayat – (1) Subject to the provisions of section 138, no suit or other legal proceeding shall be brought against any Gram Panchayat or the Sarpanch or the executive authority or any member, officer or servant of such Gram Panchayat or against any person acting under the direction of such Gram Panchayat, Sarpanch, executive authority, member, officer or servant, in respect of any act done or purporting to be done under this Act or in respect of any alleged neglect or default in the execution of the provisions of this Act or any rule, bye-law, regulation or order made under it, until the expiration of two months next after notice in writing stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended

1. Inserted by the Act No.37 of 2001, S.5, w.e.f. 23.08.2001.

plaintiff, has been left at the office of the Gram Panchayat and if the proceeding is intended to be brought against any such Sarpanch, executive authority, member, officer, servant or person, also delivered to him or left at his place of residence, and unless such notice is given, the court shall not entertain such suit or legal proceeding.

(2) Every such proceeding shall, unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage, during such continuance or within six months after the ceasing thereof.

(3) If any Gram Panchayat or person to whom notice is given under sub section (1) tenders amends to the plaintiff before the proceeding is commenced and if the plaintiff does not in such proceeding recover more than the amount so tendered, he shall not recover any costs incurred by him after such tender, and the plaintiff shall also pay all cost incurred by the defendant after such tender.]

139. Assistance of police to the gram panchayat - Every Police Officer in whose jurisdiction the village is situated, shall be bound to assist the gram panchayat and its officers and servants in the exercise of their lawful authority.

140. Wrongful restraint of executive authority or his delegates - Any person who prevents the executive authority or any person to whom the executive authority has lawfully delegated his powers of entering on or into any place, building or land, from exercising his lawful power of entering thereon or thereinto shall be deemed to have committed an offence under section 344 of the Indian Penal Code (Central Act 45 of 1860).

141. Punishment for obstructing gram panchayat-Whoever obstructs a gram panchayat or the Sarpanch, the executive authority or a member of the gram panchayat or any person employed by the gram panchayat or any person with whom it has contracted in the performance of its duty under the provisions of this Act or of any rule made thereunder, or prevents or tries to prevent any person from doing anything which he is empowered or required to do, by virtue of this Act, or removes any mark set up for the purpose of indicating any level or direction incidental to the carrying out of any work authorised by this Act, or removes, destroys, or defaces or otherwise obliterates any notice put up or exhibited by the gram panchayat or under its authority, shall be liable on conviction to a fine not exceeding fifty rupees.

142. Penalty for not giving information or giving false information - Any person required by this Act or by any notice or other proceedings issued thereunder to furnish any information, who omits to furnish such information or knowingly furnishes false information shall be punishable with fine not exceeding ten rupees.

SUPPLEMENTAL PROVISIONS

143. Special provisions in the case of 1 [XXXX] gram panchayats - (1) Notwithstanding anything in this Act, when a local area is notified as a village under section 3, for the first time, the Commissioner shall appoint a special officer to exercise the powers and perform the functions of the gram panchayat and its Sarpanch and executive authority until the members and Sarpanch thereof who are duly elected assume office.

(2) The special officer shall cause arrangements for the election of the members of the gram panchayat to be made before such date as may be fixed by the Commissioner in this behalf:

1. Omitted by the Act No. 2 of 1996, S.2, w.e.f. 22.10.1995.

Provided that the Commissioner may, from time to time, postpone the date so fixed, if for any reason, the elections cannot be completed before such date.

1[(3) The Government, or as the case may be, an officer authorised by the Government, shall appoint a special officer or a person-in-charge or a committee of persons-in-charge to a Gram Panchayat, if for any reason, the process of election to such Gram Panchayat is not completed.

(4) The special officer or person-in-charge or the Committee of persons in-charge, appointed under sub-section (3) shall exercise the powers and perform the functions of the gram panchayat and its Sarpanch and executive authority until the members and Sarpanch elected thereof assume office.]

144. Public roads, markets, wells, tanks etc., to be open to all- All roads, markets, wells, tanks, reservoirs and water ways vested in or maintained by a gram panchayat shall be open to the use and enjoyment of all persons, irrespective of their caste and creed.

145. Power to farm out fees - A gram panchayat shall have power to farm out the collection of any fees due to it under this Act or any rule, bye-law or regulation made thereunder, for any period not exceeding three years at a time on such condition as it thinks fit.

146. Extension of provisions of law relating to district municipalities or of rules thereunder - (1) The Commissioner may, at the request of the gram panchayat or otherwise, by notification, declare that any of the provisions of the law relating to municipalities for the time being in force or of any rule made thereunder including those relating to taxation, shall be extended to and be in force in the village or any specified area therein.

(2) The provisions so notified shall be construed with such alterations not affecting the substance as may be necessary or proper for the purpose of adopting them to the village or specified area therein.

(3) Without prejudice to the generality of the foregoing provision, all references to a municipal council or the*[Chairperson] or the executive authority thereof shall be construed as references to the gram panchayat or the Sarpanch or the executive authority thereof, all references to any officer or servant of a municipal council as references to corresponding officer or servant of the gram panchayat and all references to the municipal limits as references to the limits of the village or the specified area therein, as the case may be.

147. Transfer of functions of gram panchayats to other local authorities or vice versa - Notwithstanding anything in this Act, or in any law relating to other local authorities, the Government may, in consultation with the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] or other local authority as the case may be, and the gram panchayat concerned, by notification, and subject to such restrictions and conditions and to such control and revision as may be specified therein, direct that, -

(i) any power or function vested in the gram panchayat by or under this Act, shall be transferred to and exercised and performed by the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] or the other local authority; and

(ii) any power or function vested in the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] or the other local authority shall be transferred to and exercised and performed by the gram panchayat.

Explanation: For the purposes of this section, 'local authority' includes, the Andhra Pradesh Industrial Infrastructure Corporation Limited.

PART - III

1. Added by the Act No. 2 of 1996, S.2, w.e.f. 22.10.1995.

CONSTITUTION AND INCORPORATION, COMPOSITION, POWERS FUNCTIONS, ETC., OF *[MANDAL PRAJA PARISHADS]

148. Constitution and incorporation of *[Mandal Praja Parishads] - (1) There shall be constituted by the Government by notification from time to time, and with effect on and from such date, as may be specified therein constitute a *[Mandal Praja Parishad] for each Mandal.

(2) Where under sub-section (2) of section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974), a Mandal is redelimited or a new Mandal is formed, the Government may, by notification, reconstitute the *[Mandal Praja Parishad] for the redelimited Mandal or constitute a new *[Mandal Praja Parishad] for the new Mandal. On such reconstitution or constitution the *[Mandal Praja Parishad] or *[Mandal Praja Parishads] concerned functioning immediately before such reconstitution or constitution, shall stand abolished:

Provided that in reconstituting the *[Mandal Praja Parishad] the Government may direct that the President, the Vice-President or an elected member of the *[Mandal Praja Parishad] which was functioning immediately before such redelimitation and who is otherwise qualified to hold such office in the reconstituted *[Mandal Praja Parishad] shall be the President, Vice President or elected member of the reconstituted *[Mandal Praja Parishad] as if he was elected to such office in the reconstituted *[Mandal Praja Parishad].

(3) Where after a *[Mandal Praja Parishad] is constituted for a Mandal, a part of such Mandal is included in a neighbouring municipality or Municipal Corporation; and,-

(i) in case the residuary part of the Mandal is viable for the constitution of a separate *[Mandal Praja Parishad] such residuary part shall be redelimited into a separate Mandal under the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) and a *[Mandal Praja Parishad] shall be constituted for such newly formed Mandal and that portion of the Mandal prior to its redelimitation which is included in the neighbouring Municipality or Municipal Corporation shall be included in an adjoining Mandal which forms part of such Municipality or Municipal Corporation; or

(ii) in case the residuary portion of the Mandal is not viable to be constituted into a separate *[Mandal Praja Parishad], it shall be competent for the Government,-

(a) to include such residuary portion of the Mandal in the adjoining Mandal or Mandals and abolish the *[Mandal Praja Parishad] constituted for such Mandal; or

(b) to form a new Mandal by adding to such residuary portion, areas from the adjoining Mandal or Mandals and constitute a *[Mandal Praja Parishad] for such new Mandal:

Provided that where a *[Mandal Praja Parishad] is constituted under clause (i) or sub-clause (b) of clause (ii), the Government may direct that the President, Vice President or an elected member of the abolished *[Mandal Praja Parishad] who is otherwise qualified to hold such office in the newly constituted *[Mandal Praja Parishad] shall be the President, Vice-President or elected Member of the newly constituted *[Mandal Praja Parishad] as if he was elected to such office in the newly constituted *[Mandal Praja Parishad].

Explanation:- For the removal of doubts it is hereby declared, that,-

(i) the President, Vice-President or an elected member of the newly constituted *[Mandal Praja Parishad] continued under this sub-section shall hold office only for the residue of the

term of the President, Vice-President or an elected member of the abolished *[Mandal Praja Parishad]:

Provided further that where a *[Mandal Praja

Parishad] is abolished under clause (a), the President, Vice President or an elected member holding office immediately before such abolition shall unless he is continued under the foregoing proviso cease to hold their respective offices.

(4) Every *[Mandal Praja Parishad] shall, by the name of the Mandal for which it is constituted or reconstituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.

(5) The notification under sub-section (2) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and the Government may, from time to time, amend any such notification.

149. Composition of *[Mandal Praja Parishad]- (1) Every *[Mandal Praja Parishad] shall consist of the following members namely:-

(i) persons elected under section 151;

(ii) the Member of the Legislative Assembly of the State representing a constituency which comprises either wholly or partly the Mandal concerned;

1[(iia) any Member of the Legislative Council of the State who is a registered voter in the Mandal concerned;]

(iii) the Member of the House of the People representing a constituency which comprises either wholly or partly the Mandal concerned;

(iv) any Member of the Council of States who is a registered voter in the Mandal concerned;

(v) one person belonging to minorities to be co-opted in the prescribed manner by the members specified in clause (i) from among persons who are registered voters in the Mandal and who are not less than 21 years of age.

(2) No person shall be a member in more than one of the categories specified in sub-section (1). A person who is or becomes a Member of *[Mandal Praja Parishad] in more than one such category shall, by notice in writing signed by him and delivered to the *[Mandal Praja Parishad] Development Officer, within fifteen days from the date of the first meeting referred to in sub section (3) of Section 153, intimate in which one of the said categories he wishes to serve, and thereupon he shall cease to be the Member in the other category or categories. In default of such intimation within the aforesaid period, his membership in the *[Mandal Praja Parishad] in the category acquired earlier shall, and his membership acquired later in the other shall not, cease at the expiration of such period. The intimation given under this sub-section shall be final and irrevocable.

150. Division of Mandal into constituencies - For the purpose of electing the members specified in clause (i) of sub-section (1) of section 149, the Commissioner shall, subject to such rules as may be made in this behalf, divide each *[Mandal Praja Parishad] area into as many territorial constituencies as he may, by notification specify, in such manner that, as far as practicable, shall consist of a population ranging between three thousand and four thousand; and that the ratio between the population of each constituency and the number of seats allotted to it shall, as far practicable, be the same throughout the *[Mandal Praja Parishad]area:

1. Inserted by the Act No. 22 of 2007, S.2.

Provided that the ratio between the population of the territorial area of a *[Mandal Praja Parishad] and the number of seats in such Parishad to be filled by election shall, as far as practicable, be the same throughout the State.

151. Election of members from territorial constituencies - (1) One member shall be elected to the *[Mandal Praja Parishad] from each territorial constituency specified in section 150 by the method of secret ballot by the persons who are registered voters in the territorial constituency concerned:

Provided that a registered voter in the *[Mandal Praja Parishad] shall be entitled to contest from any territorial constituency of the *[Mandal Praja Parishad].

(2) For purpose of preparation and publication of the electoral roll for the elections to the office of member under this section, the provisions of sections 11 and 12 shall, mutatis mutandis apply, subject to such rules as may be made in this behalf.

152. Reservation of seats of members of *[Mandal Praja Parishad] - (1) In every Manda Parishad out of the total strength of elected members determined under section 150, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve,-

(a) such number of seats to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the *[Mandal Praja Parishad] as the population of the Scheduled Castes, or as the case may be, the Scheduled Tribes in that Mandal bears to the total population of that Mandal and such seats may be allotted by rotation to different constituencies in a *[Mandal Praja Parishad] in the manner prescribed;

(b) 1[XXXX]

(c) not less than one-third of the total number of seats reserved under 2[clause (a) and sub-section (1A)] for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the backward classes;

(d) not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes) of the total number of seats to be filled by direct election to every *[Mandal Praja Parishad] shall be reserved for women and such may be allotted by rotation to different constituencies in a *[Mandal Praja Parishad]in the manner prescribed.

3[(1A) In addition to the reservation of seats under sub-section (1), there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each *[Mandal Praja Parishad] in the manner prescribed; so however that the number of offices of members of *[Mandal Praja Parishads] in the State reserved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of the members of *[Mandal Praja Parishads] in the State. The number of seats allocated to each *[Mandal Praja Parishad] shall be allotted by rotation to different territorial constituencies in the *[Mandal Praja Parishad]:

Provided that it shall be competent for the Government to make special provisions with regard to the manner and quantum of seats to be reserved for

1. Omitted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.

2. Substituted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.

3. Inserted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.

Backward Classes in the *[Mandal Praja Parishad] situated either wholly or partly in the scheduled areas, by rules made in this behalf.]

(2) Nothing in 1 [sub-section (1) and (1A)] shall be deemed to prevent women and members of the Scheduled Castes, Scheduled Tribes or backward classes from standing for election to the non-reserved seats in the *[Mandal Praja Parishad].

153. Election, reservation and term of office of President and Vice President - (1) For every *[Mandal Praja Parishad] there shall be one President and one Vice-President who shall be 2[elected by and from among the elected members specified in clause (i) of sub-section (1) of section 149 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribed.] If at an election held for the purpose no President or Vice-President is elected, fresh election shall be held. The names of the President and the Vice-President so elected shall be published in the prescribed manner:

Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office, he ceases to be a Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.

3[Provided further that a member voting under this sub-section in dis obedience of the party whip 4 [shall cease to hold office in the manner prescribed] and the vacancy caused by such cessation shall be filled as a casual vacancy.]

(2) Out of the total number of offices of President in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve,-

(a) such number of offices to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or as the case may be, the Scheduled Tribes in the State bears to the total population of the Stateand such offices may be allotted by rotation to different *[Mandal Praja Parishads]in the State in the manner prescribed;

(b) 5[XXXX]

(c) not less than one-third of the total number of offices reserved under 6[clause (a) and sub-section (2A)] for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be, the backward classes; and

(d) not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the backward classes) of the total number of offices to be filled in the State for women and such offices may be allotted by rotation to different *[Mandal Praja Parishads] in the State in the manner prescribed.

1. Substituted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.

2. Substituted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.

3. Added by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.

4. Substituted by the Act No.22 of 2006, S.5.

5. Ommitted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.

6. Substituted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.

1[(2A) In addition to the reservation of offices of President under sub section (1), there shall be reserved for the Backward Classes such number of offices of President as may be allocated to them in each district in the manner prescribed; so however, that the number of Offices of President in the State reserved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of Presidents of *[Mandal Praja Parishads] in the State. The number of offices of Presidents allocated for reservation to each district shall be allotted by rotation to different *[Mandal Praja Parishads] in the district.]

(3) The first meeting of the *[Mandal Praja Parishad] to elect a President and Vice-President shall be called as soon as may be, after the results of the ordinary elections to the office of elected members of the *[Mandal Praja Parishad] have been published. The notice of the date and time of the meeting for the election of President and Vice-President shall be given to the elected members in the prescribed manner:

Provided that if, for any reason, the election of the President or Vice President is not held on the date fixed as aforesaid, the meeting for the election of the President and Vice-President shall be held on the next day, whether or not it is a holiday observed by the *[Mandal Praja Parishad].

(4) Every President or Vice-President shall cease to hold office on the expiration of his term of office as a member.

(5) Save as otherwise expressly provided in or prescribed under this Act, the term of office of the President or Vice-President who is elected at an ordinary election shall be five years from the date appointed by the Election Commissioner for the first meeting of the *[Mandal Praja Parishad] after the ordinary election.

(6) Any casual vacancy in the office of the President or Vice-President shall be filled within a period of six months from the date of occurrence of the vacancy by a fresh election under sub-section (3) and a person elected as President or Vice-President in any such vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

2[153A. Resolution of disputes relating to cessation for disobedience of party whip - Where a member against whom a proceeding that he ceased to hold office as a consequence of the disobedience of the party whip is issued in pursuance of the second proviso to sub-section (1) of section 153 and the affected member disputes the correctness of the proceedings, he may apply to the District Court having jurisdiction over the area in which the office of the *[Mandal Praja Parishad] is situated, for a decision.]

154. Term of office of member of *[Mandal Praja Parishad] - Save as otherwise provided in this Act, -

(i) an ex-officio member of the *[Mandal Praja Parishad] shall hold office so long as he continues to hold the office by virtue of which he became such ex-officio member;

(ii) a member elected at an ordinary election or a co-opted member shall hold office for a term of five years from the date appointed by the *[Andhra Pradesh Election Commissioner for Local Bodies]for the first meeting of the *[Mandal Praja Parishad] after the said ordinary election.

155. Qualification of candidates for election - No person shall be eligible for election as member of a *[Mandal Praja Parishad] unless his name appears in the electoral roll of the *[Mandal Praja Parishads] concerned and he has completed the age of twenty-one years.

1. Inserted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.

2. Inserted by the Act No. 22 of 2006, S.6.

156. Disqualifications- (1) A member of the *[Mandal Praja Parishad] shall be disqualified for election as President or Vice-President if he is in arrears of any dues, otherwise than in a fiduciary capacity to a gram panchayat, a *[Mandal Praja Parishad] or the *[Zilla Praja Parishad] or if he is interested in a subsisting contract made with, or any work being done, for, any gram panchayat in the Mandal or the *[Mandal Praja Parishad] or the *[Zilla Praja Parishad] within whose jurisdiction the *[Mandal Praja Parishad] is situated or any other *[Mandal Praja Parishad] within the jurisdiction of that *[Zilla Praja Parishad]:

Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in -

(i) a company as a mere shareholder but not as a director;

(ii) any lease, sale or purchase of immovable property or any agreement for the same; or

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

(iv) any newspaper in which any advertisement relating to the affairs of any of aforesaid *[Mandal Praja Parishad] is inserted.

(2) The provisions of 1[sections 18, 19, 19A, 19B, 20, 21 and 22] shall apply to a member of the *[Mandal Praja Parishad] as they apply to a member of the gram panchayat subject to the variations that for the expressions, "gram panchayat," "executive authority," "Sarpanch," "Upa-Sarpanch" and "District Panchayat Officer," the expressions "*[Mandal Praja Parishad]", "*[Mandal Praja Parishad] Development Officer", "President," "Vice-President" and "Chief *[Executive Authority]," shall respectively be substituted:

Provided that nothing in clause (b) of section 20 shall apply to a member of the *[Mandal Praja Parishad] specified in clause (ii), Clause (iii) and Clause (iv) of sub-section (1) of section 149.

157. Resignation of President, Vice-President or member - The President, the Vice-President elected member or co-opted member may resign his office in such manner as may be prescribed.

158. Permanent invitees to the meetings of the *[Mandal Praja Parishad] - The Collector, the Sarpanches of all the gram panchayats within the jurisdiction of the *[Mandal Praja Parishad] and 2[the member of the *[Zilla Praja Parishad] specified in clause (i) of sub-section (3) of section 177 elected from the Mandal concerned, the Chairperson, *[Zilla Praja Parishad], and the President of Agricultural Marketing Committee] shall be permanent invitees to the meetings of the *[Mandal Praja Parishad] and they shall have the right to speak in and other wise to take part in the proceedings of any meeting of a *[Mandal Praja Parishad] functioning within the local limits of their respective jurisdictions but shall not, by virtue of this section be entitled to vote at any such meeting.

159. President of a *[Mandal Praja Parishad] may invite certain persons to attend its meetings - (1) The President of a *[Mandal Praja Parishad] may for purposes of consultation, invite any person other than an office bearer of any political party having experience and specialised knowledge of any subject under the consideration of the *[Mandal Praja Parishad] to attend the meeting of the *[Mandal Praja Parishad]. Such person shall have the right to speak in, and otherwise to take part in the proceedings of such meeting, but shall not, by virtue of this section be entitled to vote at any such meeting.

(2) A person attending a meeting under sub-section (1) shall be entitled to such allowances as may be prescribed.

1. Substituted by the Act No. 22 of 2006, S.7.

2. Substituted by the Act No. 5 of 1995, S.8, w.e.f. 30.12.1994.

160. Rules for the conduct of the business at a meeting of a *[Mandal Praja Parishad] - Every *[Mandal Praja Parishad] shall in regard to the conduct of business at its meetings, follow such rules as may be prescribed.

161. Powers and functions of a *[Mandal Praja Parishad] - (1) Subject to the provisions of this Act, the administration of the Mandal shall vest in the *[Mandal Praja Parishad]. Every *[Mandal Praja Parishad] shall endeavour to install among the people within its jurisdiction spirit of selfhelp and initiative and harness their enthusiasm for raising the standard of living, it shall exercise all the powers conferred on, and perform all the functions entrusted to it by or under this Act, and such other powers and functions as may be conferred on, and entrusted to it by the Government for carrying out the purposes of this Act, but it shall not exercise the powers or perform the functions expressly assigned by or under this Act, or any other law to its President or to the *[Mandal Praja Parishad] Development Officer or to the *[Zilla Praja Parishad] or any other authority, it shall do extension and review functions at the mandal level effectively. It may, with the previous approval of the Government and subject to such terms and conditions as may be prescribed borrow moneys for carrying out the purposes of this Act. It shall also exercise and perform such of the powers and functions of the District Board including the powers to levy any tax or fees as may be transferred to it under this Act.

(2) Every *[Mandal Praja Parishad] shall exercise such powers and perform such functions as may be entrusted to it by rules made in this behalf in regard to the subjects enumerated in Schedule-I. In particular, the *[Mandal Praja Parishad] shall exercise the powers and perform the functions specified in Schedule-II.

(3) Notwithstanding anything in this Act, the *[Mandal Praja Parishad] may with the prior approval of the *[Zilla Praja Parishad] levy contributions from the funds of the Gram Panchayats in the Mandal.

(4) Every *[Mandal Praja Parishad] may levy with the prior sanction of the Government a duty in the form of a surcharge on any tax imposed by a gram panchayat or on land cess or local cess levied within its jurisdiction in such manner and subject to such maximum as may be prescribed.

162. Maintenance of common water works and other institutions - (1) Notwithstanding anything in this Act and subject to the rules made in this behalf, two or more gram panchayats may, -

(i) construct and maintain water works for supply of water for washing and bathing purposes and protected water for drinking purposes from a common source, and

(ii) entrust to *[Mandal Praja Parishad] with its consent and on such terms as may be agreed upon the management of any institution or the execution or maintenance of any work.

(2) Subject to the provisions of this Act and the rules made thereunder, two or more *[Mandal Praja Parishads] may establish and maintain common dispensaries, child welfare centres and institutions of such other kinds, as may be prescribed.

163. Power of *[Mandal Praja Parishad] to call for documents from the *[Mandal Praja Parishad] Development Officer - A *[Mandal Praja Parishad] may, at any time require the *[Mandal Praja Parishad] Development Officer to furnish any document in his custody. The said officer shall comply with every such requisition.

164. Power of *[Mandal Praja Parishad] to call for information from Village Development Officer - A *[Mandal Praja Parishad] may require any *[Executive Authority] of any village within the jurisdiction of the *[Mandal Praja Parishad] to furnish any information on any matter falling within such categories as may be prescribed in respect of such village or any person or property therein required for the purposes of this Act.

165. Powers and functions of the President and Vice-President - (1) The President of a *[Mandal Praja Parishad] shall,-

(a) exercise administrative control over the *[Mandal Praja Parishad] Development Officer for the purposes of implementation of the resolution of the *[Mandal Praja Parishad];

(b) preside over and conduct the meetings of the *[Mandal Praja Parishad]; and

(c) have full access to all records of the *[Mandal Praja Parishad].

(2) In case of emergency the President may in consultation with the *[Mandal Praja Parishad] Development Officer direct the execution of any work or the doing of any act which requires the sanction of the *[Mandal Praja Parishad] and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this sub-section and the reasons therefor to the *[Mandal Praja Parishad] at its next meeting:

Provided that he shall not direct the execution of any work or the doing of any act in contravention of any order of the Government.

(3) The Vice-President shall exercise such powers and perform such functions of the President as the President may, from time to time, delegate to him in writing.

(4) When the office of the President is vacant the Vice-President of the *[Mandal Praja Parishad] shall exercise the powers and perform the functions of the President until a new President is elected.

(5) If the President has been continuously absent from the Mandal for more than fifteen days or is incapacitated for more than fifteen days, his powers and functions during such absence or incapacity shall devolve on the Vice-President.

(6) When the office of the President is vacant or the President has been continuously absent from the Mandal for more than fifteen days or is incapacitated for more than fifteen days and there is either a vacancy in the office of Vice-President or the Vice-President has been continuously absent from the Mandal for more than fifteen days or is incapacitated for more than fifteen days, the powers and functions of the President shall devolve on a member of the *[Mandal Praja Parishad] appointed by the Government in this behalf. The member so appointed shall be styled as the temporary President and he shall exercise the powers and perform the functions of the President subject to such restrictions and conditions as may be prescribed until a new President or Vice-President assumes office after his election or until the President or the Vice-President returns to the Mandal or recovers from his incapacity, as the case may be.

166. Right of individual members to draw attention in respect of *[Mandal Praja Parishad] etc., - Any member of a *[Mandal Praja Parishad] may draw the attention of the President or the *[Mandal Praja Parishad] Development Officer to any neglect in the execution of *[Mandal Praja Parishad] work, to any waste of *[Mandal Praja Parishad] property or to the needs of any locality and may suggest any improvement which may appear desirable.

167. Powers and functions of *[Mandal Praja Parishad] Development Officer - (1) The *[Mandal Praja Parishad] Development Officer shall be the Chief *[Executive Authority] of the *[Mandal Praja Parishad]. He shall be responsible for implementing the resolutions of the *[Mandal Praja Parishad] and shall also exercise such powers and perform such functions as may be entrusted to him by the Government. He shall also exercise such powers of supervision over the gram panchayats in the Mandal as may be prescribed.

(2) The *[Mandal Praja Parishad] Development Officer shall, with the approval of, or on the direction of the President, convene the meetings of

the *[Mandal Praja Parishad] so that atleast one meeting of the *[Mandal Praja Parishad] is held every month and if the *[Mandal Praja Parishad] Development Officer fails to discharge that duty, with the result that no meeting of the *[Mandal Praja Parishad] is held within a period of ninety days from the last meeting, he shall be liable to disciplinary action under the relevant rules:

Provided that where the President fails to give his approval for convening the meeting so as to hold a meeting within a period of ninety days aforesaid, the *[Mandal Praja Parishad] Development Officer may himself convene the meeting in the manner prescribed.

(3) The *[Mandal Praja Parishad] Development Officer shall ordinarily attend the meetings of the *[Mandal Praja Parishad] and shall be entitled to take part in the discussions thereat but he shall not be entitled to vote or to move any resolution.

(4) Subject to the provisions of section 168 the staff borne on the establishment of the *[Mandal Praja Parishad] and the staff working in institutions and schemes transferred by the Government or the Head of the Department of Government to the *[Mandal Praja Parishad] shall be under the administrative control and supervision of the *[Mandal Praja Parishad] Development Officer.

(5) Notwithstanding anything in sub-section (1) of section 161 and subject to all other provisions of this Act, and the rules made thereunder, the *[Mandal Praja Parishad] shall have power to issue such specific direction as it may think fit regarding the performance by the *[Mandal Praja Parishad] Development Officer of any of the functions assigned to him under this Act.

(6) The Government shall, pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contribution if any towards the provident fund or provident fund-cum-pension fund of the *[Mandal Praja Parishad] Development Officer appointed by them for *[Mandal Praja Parishad].

(7) The Government shall have power to make rules to regulate the classification and methods of recruitment, conditions of services, pay and allowances and disciplinary conduct of the *[Mandal Praja Parishad] Development Officer.

168. The *[Mandal Praja Parishad] Development Officer and other officers and staff of a *[Mandal Praja Parishad] to be subordinate to the *[Mandal Praja Parishad] - The *[Mandal Praja Parishad] Development Officer and other officers and staff of a *[Mandal Praja Parishad] and the staff employed in the institutions and schools under the *[Mandal Praja Parishad] shall be subordinate to the *[Mandal Praja Parishad].

169. Officers and other employees of *[Mandal Praja Parishad] - (1) The Government may, at any time create such posts of officers and other employees of *[Mandal Praja Parishad] as they may consider necessary for carrying out the purposes of this Act.

(2) All appointments to the posts created under sub-section (1) and transfer of the holders of such posts shall be made subject to the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984), the Andhra Pradesh(Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the proviso to article 309 of the Constitution of India.

(3) The Government shall pay, out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions, if any, towards the provident fund or pension-cum-provident fund of the officers and other employees of a *[Mandal Praja Parishad] who hold any of the posts referred to in sub-section (1).

(4) The classification and methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and other employees referred to in sub-section (3), shall be regulated in accordance with the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984), the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the proviso to article 309 of the Constitution until rules in that behalf are so made, the law for the time being in force regulating the recruitment and conditions of service, pay and allowances and conduct, applicable to such holder shall continue to apply to such holder.

(5) The Government may, from time to time, by order give such directions to any *[Mandal Praja Parishad] or any officer, authority, or person thereof as may appear to them to be necessary for the purpose of giving effect to the provisions of this section and the *[Mandal Praja Parishad] Development Officer, authority or person shall comply with all such directions.

170. Allowances for attending a meeting of the *[Mandal Praja Parishad] - (1) There shall be paid to the members of a *[Mandal Praja Parishad] including its President and Vice-President and to the Members of the Legislative Assembly and of either House of Parliament for attending a meeting of the *[Mandal Praja Parishad] such allowances as may be prescribed.

(2) There shall also be paid to the President in respect of his tours on duty whether within or outside the Mandal but within the District such allowances as may be prescribed.

171. *[Mandal Praja Parishad] Fund - (1) All moneys received by a *[Mandal Praja Parishad] shall constitute a fund called the *[Mandal Praja Parishad] Fund and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.

(2) All moneys received by the *[Mandal Praja Parishad] shall be lodged in the nearest Government treasury.

1[Provided that the amounts received as funds under the Jawahar Rozgar Yojana Employment Assurance Scheme or other Wage Employment Schemes shall be lodged in nearby Nationalised Banks or Co-operative Banks or Post Offices in such manner as may be prescribed.]

(3) All orders or cheques against the *[Mandal Praja Parishad] Fund shall be signed by the *[Mandal Praja Parishad] Development Officer.

172. Income and expenses of a *[Mandal Praja Parishad] - (1) The sources of income of a *[Mandal Praja Parishad] shall consist of,-

(i) funds relating to institutions and schemes transferred by the Government or Heads of Departments of the Government to the *[Mandal Praja Parishad];

(ii) funds relating to the community development programmes;

(iii) Central and State aid, and aid received from the All India bodies and institutions for the development of cottage and village industries, khadi, silk, coir, handicrafts and the like;

(iv) donations and contributions received by the *[Mandal Praja Parishad] from gram panchayats or from the public in any form;

(v) such income of the *[Zilla Praja Parishad] as the Government may, by order, allocate to it;

(vi) such share of the land revenue, state taxes or fees as may be prescribed;

1. Added by the Act No. 16 of 1998, S.3, w.e.f 20.02.1998.

(vii) proceeds from taxes, surcharge or fee which the *[Mandal Praja Parishad] is empowered to levy under this Act or any other law;

(viii) such contributions as the *[Mandal Praja Parishad] may levy from gram panchayats;

(ix) any other income from remunerative enterprises and the like.

(2) Government shall also make an annual grant at the rate of five rupees per person residing in the Mandal calculated on the basis of the last preceding census of which figures are available.

(3) The expenses of the *[Mandal Praja Parishad] shall include the salaries and allowances of its officers and other employees, the allowances to be paid under sections 159 and 170 any item of expenditure directed by the Government for carrying out the purposes of this Act and such other expenses as may be necessary for such purposes.

173. Election expenses to be borne by the Government - The cost of the election expenses including the conduct of elections to the *[Mandal Praja Parishad] and the cost of maintenance of election establishment employed in connection therewith shall be borne by the Government.

174. Budget of *[Mandal Praja Parishad] - (1) The *[Mandal Praja Parishad] Development Officer shall, in each year frame and place before the *[Mandal Praja Parishad] on or before the prescribed date a budget showing the probable receipts and expenditure during the following year, and the *[Mandal Praja Parishad] shall sanction the budget with such modifications, if any, as it thinks fit.

(2) The budget as so sanctioned shall be submitted by the *[Mandal Praja Parishad] Development Officer on or before such date as may be prescribed, to the *[Zilla Praja Parishad] and where there is no such *[Zilla Praja Parishad] to the District Collector, and if the *[Zilla Praja Parishad] or the District Collector as the case may be is satisfied that adequate provision has not been made therein for giving effect to the provisions of this Act, it or he shall have power to approve the budget with such modifications as may be necessary to secure such provisions.

(3) If, for any reason the budget is not sanctioned by the *[Mandal Praja Parishad] under sub-section (1) before the date referred to in sub-section (2) the *[Mandal Praja Parishad] Development Officer shall submit the budget to the District Collector who shall sanction it with such modifications, if any, as he thinks fit and forward it to the *[Zilla Praja Parishad] which shall thereupon approve the budget as if it were submitted to it under sub-section (2), where there is no *[Zilla Praja Parishad] for the District, the sanction accorded by the District Collector shall be final.

(4) If, in the course of a year, the *[Mandal Praja Parishad] finds it necessary to make any alterations in the budget with regard to its receipts or items of expenditure, a revised or supplemental budget may be framed, submitted and sanctioned or approved as far as may be in the manner provided in sub-sections (1), (2) and (3).

175. Joint Committee of *[Mandal Praja Parishad] and other local authorities - A *[Mandal Praja Parishad] may, and if so required by the Government shall, join with one or more than one other local authority in constituting a joint committee for any purpose for which they are jointly responsible.

176. Constitution, powers and functions of Joint Committee - The constitution, powers and procedure of the joint committee referred to in section 175 and the method of setting differences of opinion arising in connection with such committee between the local authorities concerned shall be in accordance with such rules as may be prescribed.

PART IV

CONSTITUTION, INCORPORATION, COMPOSITION, POWERS, FUNCTIONS, ETC., OF *[ZILLA PRAJA PARISHADS]

177. Constitution, incorporation and Composition of *[Zilla Praja Parishad] - (1) There shall be constituted by the Government by notification a *[Zilla Praja Parishad] for a District with effect from such date as may be specified therein.

(2) Every *[Zilla Praja Parishad] shall, by the name of the District for which it is constituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name, sue and be sued.

(3) Every *[Zilla Praja Parishad] shall consist of the following members, namely:-

(i) persons elected under section 179;

(ii) the Member of the Legislative Assembly of the State representing the constituency which comprises either wholly or partly the district concerned:

Provided that such Member of the Legislative Assembly

shall have the right to speak in and otherwise to take part in the proceedings of a meeting of any Standing Committee of the *[Zilla Praja Parishad] but he shall not be entitled to vote at a meeting of such Standing Committee, unless he is also a member of that Standing Committee:

Provided further that no Member of the Legislative

Assembly representing a constituency the whole of which forms part of the local area within the jurisdiction of any of the Municipal Corporations or any of the Municipalities in the State shall be the member of the *[Zilla Praja Parishad] of the concerned district;

1[(iia) any Member of the Legislative Council of the State who is a Member of the Mandal Praja Parishad;

Provided that such Member of the Legislative Council

of the State shall have the right to speak in, and otherwise to take part in the proceedings of a meeting of any standing committee of the zilla Praja Parishad, but he shall not be entitled to vote at a meeting of that standing committee, unless he is also a member of that standing committee.]

(iii) The Member of the House of People representing the constituency which comprises either wholly or partly the district concerned:

Provided that no Member of the House of the People

representing a constituency the whole of which forms part of the local area within the jurisdiction of any of the Municipal Corporations in the State shall be the Member of the *[Zilla Praja Parishad]:

Provided further that a Member of the House of the

People representing a constituency which comprises more than one district including a portion of any district, shall be a member of the *[Zilla Praja Parishad]of all such districts with the right to speak in, and otherwise to take part in the proceedings of their meetings with voting rights; he shall also have the right to speak in and otherwise to take part in the meetings of any Standing Committee of the *[Zilla Praja

1. Inserted by the Act No. 22 of 2007, S.3.

Parishad] but he shall not be entitled to vote at a meeting of any Standing Committee unless he is also a member of that Standing Committee.

(iv) the Member of the Council of States who is a registered voter in the district:

Provided that such Member of the Council of States

shall have the right to speak in, and otherwise to take part in the proceedings of a meeting of any Standing Committee of the *[Zilla Praja Parishad], but he shall not be entitled to vote at a meeting of that Standing Committee, unless he is also a member of that Standing Committee;

(v) two persons belonging to minorities to be co-opted in the prescribed manner by the members specified in clause (i) from among persons who are registered voters in the District and who are not less than 21 years of age.

(4) No person shall be a Member in more than one of the categories specified in sub-section (3). A person who is or becomes a Member of a *[Zilla Praja Parishad] in more than one such category, shall, by notice in writing signed by him and delivered to the Chief *[Executive Authority], within fifteen days from the date of the first meeting of the *[Zilla Praja Parishad] referred to in sub-section (4) of section 181, intimate in which one of the said categories he wishes to serve, and thereupon, he shall cease to be the member in the other category or categories. In default of such intimation within the aforesaid period, his membership in the *[Zilla Praja Parishad] in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period. The intimation given under this sub section shall be final and irrevocable.

(5) No person other than a Member of the House of the People shall be entitled to be a member of more than one *[Zilla Praja Parishad] at a time.

178. Mandals to be territorial constituencies - For purposes of electing the members specified in clause (i) of sub-section (3) of section 177, every Mandal in the District shall be a territorial constituency and the *[Andhra Pradesh Election Commissioner for Local Bodies] shall allot not more than one seat for each such territorial constituency.

179. Election of members from territorial constituencies - (1) One member shall be elected to the *[Zilla Praja Parishad] from each territorial constituency specified in section 178 by the method of secret ballot by the registered voters in the territorial constituency concerned:

Provided that a registered voter in the district shall be entitled to contest from any territorial constituency of the *[Zilla Praja Parishad].

(2) For purposes of preparation and publication of the electoral roll for the elections to the office of member under this section, the provisions of sections 11 and 12 shall, mutatis mutandis apply subject to such rules as may be made in this behalf.

180. Reservation of seats of members of *[Zilla Praja Parishad] - (1) In every *[Zilla Praja Parishad], out of the total strength of elected members determined under section 179, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve,-

(a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the *[Zilla Praja Parishad] as the population of the Scheduled Castes or as the case may be Scheduled Tribes in the District bears to the total population of that District and such

seats may be allotted by rotation to different constituencies in a District in the manner prescribed;

(b) 1[XXXX]

(c) not less than one-third of the total number of seats reserved under 2[clause (a) and sub-section (1A)]for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the backward classes;

(d) not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes) of the total number of seats to be filled by direct election to the *[Zilla Praja Parishad] for women and such seats may be allotted by rotation to different constituencies in the district in the manner prescribed.

3[(1A) In addition to the reservation of seats under sub-section (1), there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each*[Zilla Praja Parishad] in the manner prescribed; so however that the number of offices of members of *[Zilla Praja Parishad] in the State reserved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of the members of *[Zilla Praja Parishad] in the State. The number of seats allocated to each *[Zilla Praja Parishad] shall be allotted by rotation to different territorial constituencies in the *[Zilla Praja Parishads].]

(2) Nothing in 4[sub-sections(1) and (1A)] shall be deemed to prevent women and members of the Scheduled Castes, Scheduled Tribes or Backward Classes from standing for election to the non-reserved seats in the *[Zilla Praja Parishad].

181. Election of *[Chairperson] and *[Vice-Chairperson] - (1) For every *[Zilla Praja Parishad] there shall be one *[Chairperson] and one *[Vice-Chairperson] who shall be 5[elected by and from among the elected members specified in clause (i) of sub-section (3) of section 177 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribed.]If at an election held for the purpose no *[Chairperson] or *[Vice Chairperson] is elected fresh election shall be held. The names of the *[Chairperson] and the *[Vice-Chairperson] so elected shall be published in the prescribed manner:

Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office he ceases to be Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.

6 [Provided further that a member voting under this sub-section in disobedience of the party whip 7 [shall cease to hold office in the manner prescribed] and the vacancy caused by such cessation shall be filled as a casual vacancy.]

8 [(2) Out of the total number of offices of *[Chairperson] in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve,-

(a) such number of offices to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition

1. Omitted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.

2. Substituted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.

3. Inserted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.

4. Substituted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.

5. Substituted by the Act No. 5 of 1995, S.10, w.e.f.30.12.1994.

6. Added by the Act No. 5 of 1995, S.10, w.e.f.30.12.1994.

7. Substituted by the Act No. 22 of 2006, S.8.

8. For sub-setions (2) and (3) the new sub-section (2) substitited by the Act No. 5 of 1995, s.10, w.e.f. 30.12.1994.