Andhra pradesh act 028 of 1991 : Andhra Pradesh Gram Panchayats (Amendment) Act, 1991

Section 1. Short title

1. Short title.- This Act may be called the Andhra Pradesh Gram Panchayats (Amendment) Act, 1991.

Section 2. Substitution of new section for section 14, 14-A, 14-B and 14-C

2. Substitution of new section for section 14, 14-A, 14-B and 14-C.- In the Andhra Pradesh Gram Panchayats Act, 1964 (Act 2 of 1964) (hereinafter referred to as the principal Act) for sections 14, 14-A, 14-B and 14-C, the following shall be substituted, namely:-

14. "Preparation and publication of electoral roll for a gram panchayat.- (1) The draft of the electoral roll for gram panchayat shall be prepared by the person authorised by such authority, in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the gram panchayat shall come into force immediately upon its final publication in accordance with the rules made by the Government in this behalf. The draft of the 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 as revised or amended under the said Act, up to the qualifying date, as, relates to the village or any portion thereof.

Explanation:- Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the village, all persons whose names are entered in such roll under the registration area comprising the village and whose addresses as entered are situated in the village shall be entitled to be included in the electoral roll for the gram panchayat prepared for the purposes of this Act.

(2) The said electoral roll for a gram panchayat-

(a) shall, unless otherwise directed by the Government for reasons to be recorded in writing, be revised 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 members of a gram panchayat; and

(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Government:

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

(3) The final, 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 far the gram panchayat shall be divided into as many parts as there are wards so that the parts relating to all wards shall have equal number of voters:

Provided that the surplus number of voters, if any, remaining after such division shall be included in the part relating to the last ward.

(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 it 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 fie invalid.

Explanation:- In this section, the expression ‘Assembly Constituency’ shall means a constituency provided by law for the purpose of elections to the Andhra Pradesh Legislative Assembly".

Section 3. Amendment of section 15

3. Amendment of section 15.- In section 15 of the principal Act for the expression "under sub-section (1) of section 14-C", the expression "under sub-section (1) of section 14", for the words "the person authorised by the electoral authority in this behalf", the words "the person authorised by the prescribed authority in this behalf", and for the words "as the electoral authority may direct" the wards "as the Government may direct", shall be substituted.

Section 4. Omission of section 15A, 15B and 15C

4. Omission of section 15A, 15B and 15C.- Sections 15A, 15B and 15C of the principal Act shall be omitted.

Section 5. Amendment of section 59

5. Amendment of section 59.- In section 69 of the principal Act, in sub-section (1),-

(a) in clause (bb), the word "and" shall be omitted;

(b) after clause (bb), the following shall be inserted, namely:-

"(bbb) & tax on advertisements; and"

Section 6. Insertion of new sections 72-A to 72-B

6. Insertion of new sections 72-A to 72-B.- In the principal Act, after section 72, the following shall be inserted, namely:-

72-A. "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 Gran 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, Handala Praja Parishad, or Zilla Parishad; or

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

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

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

(b) relates to the trade or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any 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 ??? of such wall of property fronting any street.

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

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

72-B. Prohibition of Advertisements without written permission of Executive Authority.- (1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, trail, hoarding 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 219;

(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.

72-C. Permission of the Executive Authority to become vote in certain cases.- The permission granted under section 72-B shall become void in the following cases namely:-

(a) if the advertisement contravenes any bye-law made by the Gram Panchayat under section 219;

(b) if any addition to the advertisement be made except for the purpose of taking it secure under the direction of Engineer of the Panchayat Raj and Sural Development Department or the Mandal Development Officer.

(c) if any material Change be mode in the advertisement or any part, thereof;

(d) if he 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 ??? exhibited, fixed or retained be demolished or destroyed.

72-D. Owner of person in occupation to be depend responsible.- Where any advertisement is erected, exhibited or over any land, building, wall hoarding or structure in contravention of the provisions of section 72-A or section 72-B or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or become of such land, building, wall, hoarding person who has ??? 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.

72-E. Removal of un-authorised advertisements.- If any advertisement is erected, exhibited, fixed or retained contrary to the provisions of section 72-A or 72-D or after the written permission for the creation, 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.

72-F. Collection of Tax on advertisements.- The executive authority may form out the collection of any tax on advertisement leviable under section 72-A for any period not exceeding one year at a time on such terms and conditions as may be determined by the Gram Panchayat".