(1) This Act may called the Andhra Pradesh Municipal Corporations Act, 1994.

(2) To ??? to the words of the State of Andhra Pradesh, except to the local areas covered by the Hyderabad, Visakhapatnam and ??? Municipal Corporation.

(3) It shall be deaned to have come into force with effect on and from the 4th July, 1994.

In this Act, unless the context otherwise requires:

(a) Corporation means a Municipal Corporation to have been constituted under section 3;

(b) ??? authority means such officer or Authority as may be appointed by the state Election Commission to exercise such powers and to perform such ructions in connection the conduct of elections to Municipal Corporation.

(c) ??? Commission means the ??? constituted by she Governor under article 243-I of the Constitution of India.

(d) Larger urban area means such area as Governor may having regard to the ??? of the area, the ??? of the population therein, the ??? administration, the ??? of employes in non-agricultural activities the economic importance or ??? factors as may be specify by notification for the purpose of this Act.

(e) ??? and Schedule ??? in clause (24) and (25) of ??? 166 at the Connection of ???.

(f) Stats Election Commission means the State Election Commission constituted in pursuance of article 243-K of the Constitution of India;

(g) Wards Committee means a wards committee constituted under section 10;

(h) words and expressions used in this not but not defined shall have the meanings assigned to them in the Hyderabad Act of Corporations Act, 1955 (Act II of 1956).

(1) Where a notification is issued by the Governor specifying an area us a larger of urban are, under clause to of section 2 Corporation shall be deemed to have been constituted for such area.

(2) The Governor may from time to time, after consultation with the Corporation, by notification in the Andhra Pradesh Gazette, altar the limits of a larger urban area specified in the notification issued under clause (d) of section 2, so as to include therein or to exclude therefrom, the areas specified in the notification.

(3) The power to issue a notification under sub-section (2) shell be subject to such rules as may he made in this behalf and to previous publication.

(3) The Corporation shall, by the said name, be a body corporate having perpetual succession and a common seal with power to acquire hold and dispose of property and co-enter into contracts and may by its corporate name, sue and be sued.

(5) Where any local area which is within the jurisdiction of any other local authority is included in a larger urban area for which a corporation is constituted, the Government may pass such orders as they may deem fit as to the transfer to the Corporation or disposal otherwise, of the assets or institutions of any such local authority in the local area and as to the discharge of the liabilities, if any, of such, local authority relating to such assets or institutions.

(6) Where any local area for which a Municipality is constituted under the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) is declared as a larger urban area and a Municipal Corporation is constituted, then the Municipality functioning immediately before such constitution shall be deemed to have been abolished and the said Act shall cease to apply to such larger Urban area.

(7) Where a Municipality stands abolished under sub-section (6), it shall be competent for the Government to pass such orders as they may deem fit as to the transfer to the Corporations or disposal otherwise, of the assets or institutions of the abolished Municipality and as to the discharge of the liabilities, if any, of such Municipality relating to such assets or institutions.

The Municipal authorities charged with carrying out the provisions of this Act shall be,

(a) a Corporation;

(b) a Standing Committee;

(c) a Commissioner?

(d) the Wards Committee.

The Corporation shall consist of the following members, namely:

(i) such number of elected members as may be notified from time to time by the Government in the Andhra Pradesh Gazette, in accordance with such principles as may be prescribed;

(ii) every Member of the Legislative Assembly of the state representing a constituency of which the concerned larger urban area or a portion thereof forms part;

(iii) every member of the House of the People representing constituency of which the concerned larger urban area or a portion thereof forms part;

Provided that a member of the House of the People representing a constituency which comprises more than one larger urban area including a part thereof shall be the member of the Corporation constituted for one of the larger urban areas which he chooses; and he shall also have the, right to speak in and otherwise to take pert in the proceedings of any meeting of the Corporation constituted for the other larger urban area within the Constituency but shall not be entitled to vote at any such meetings;

(iv) every member of the Council of States registered as an elector within the larger urban area concerned ex-officio;

(v) five persons having special knowledge or experience in Municipal Administration co-opted by the Corporation;

Provided, that the ex-officio member co-opted under this clause shall have the right to speak in and otherwise to take part in the meetings of the Corporation, but shall not have the right to vote;

(vi) two persons belonging to minorities to be co-opted as members of the Corporation in the prescribed manner by the members of the Corporation specified in sub-clauses (i) to (iv) from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age;

Provided that the member co-opted under this clause shall have the right to speak in and otherwise to take part in the meetings of the Corporation with the right to vote.

(iii) every member of the House of the People representing a constituency of which the concerned larger urban area or a portion thereof forms part;

Provided that a member of the House or the People representing a constituency which, comprises more than one larger urban area including a part thereof shall be the member of the Corporation constituted for one of the larger urban areas which he chooses; and he shall also have the right to speak in and otherwise to take part in the proceedings of any meeting of the Corporation constituted for the other larger urban area within the Constituency but shall not be entitled to vote at any such meetings;

(iv) every member of the Council of States registered as an elector within the larger urban area concerned ex-officio;

(v) five persons having special knowledge or experience in Municipal Administration co-opted by the Corporation;

Provided that the ex-officio member co-opted under this clause shell have the right to speak in and otherwise to take part in the meetings of the Corporation, but shall not have the right to vote;

(vi) two persons belonging to minorities to be co-opted as members of the Corporation in the prescribed manner by the members of the Corporation specified in sub-clauses (i) to (iv) from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age;

Provided that the member co-opted under this clause shall have the right to speak in and otherwise to take part in the meetings of the Corporation with the right to vote.

In the Corporation out of the total strength elects members, the Government shall Subject to the rules as may be proscribed, by notification, ???.

(a) Such member of ??? to the Scheduled Castes and Scheduled Tribes as may be determined by the subject to the condition that the number of eats, so reserved shall ??? as ??? at may be, the ??? to the total number of scats to the filled by direct election to the Corporation, as the population of the Schedule Castes, or as the was way be the Scheduled Tribes in the Corporation bears to the total population of the Corporation; and such seats may be ??? by rotation to different wards in the Corporation;

(b) one-third of she total number of sects for members belonging to Backward Classes and such see scats may he allotted by rotation to different yards in the Corporation;

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

(d) not loss than one-third (including the number of seats reserved for women to the Scheduled Castes, scheduled ??? and Backward Classes) of the total number of seats to be filled by direct election to the corporation shall be reserved for women and such seats may be ??? to different wards in a Corporation.

Explanation: For the removal of doubts it is hereby declared that,

(i) nothing in this action shall be deemed to prevent women and members of the Scheduled Classes Scheduled Tribes or Backward classes from standing for ??? to the non-reserved seats in the Corporation;

(ii) the expression Backward Classes means any ??? and ??? claims recognised by the ??? of clause (4) of article 15 of the ??? of India.

(iii) for the purpose of reserving of Councillor to the member belonging to the Backward Classes, the population ??? of the Backward Classes, shall be ??? by such authority and in such manner as may be ???.

(1)(a) The Term of office of elected ??? shall save as otherwise expressly ??? in this Act, be five years from the date appointment by the election authority for the first meeting of the Council and longer.

(b) An ex-Officio member specified under clause (ii) or (iii) or (iv) of section 5 shall hold office so long as he continues to be the member of the Legislative Assembly of the State or as the case may be of either House of the ??? and the ex-officio member specified under clause (v) and (vi) of section 5 shall be co-??? with the elected member.

(2) Ordinary ??? in the office of elected member shall be filed at creditor which shall be held behalf the expiry of the term of office of the ??? members specified in clause (a) of sub-section (1).

(3) A member elected at an ordinary election held after upon office forthwith but shall hold office only as long as he ??? have been ??? to hold office if he had been ??? of the ??? of the ???.

(1) A Council vacancy in the office of ??? shall be filled at a caused election ??? should be held by the ??? authority within a power of ??? vacancy.

Provided that no casual election shall be held to fill a vacancy occurring within three months before the date on which the terra of office of the members expires by efflux or time.

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

(1) The members of the Corporation shall at their first meeting convened do the election authority and in each following year in special meeting converted by the election authority elect one from amongst the elected members to be the Mayor and another to be the Deputy Mayor, until the special meeting in the next following years is held:

Provided that if a member of the Legislative Assembly or as the case may be either House of Parliament who is an ex-officio member is elected as Mayor by virtue of his being also an elected member, he shall cease to hold the office of Mayor unless within fifteen days from the date of election to such office, he ceases to be a member of the Legislative Assembly or is the case may be either House of the Parliament, and if a Mayor subsequently becomes a member of the Legislative assembly or of either House of the Parliament, he shall cease to hold the said office of Mayor unless, within fifteen days from the date on, which he sc becomes such member, he ceases to be a Member of the Legislative Assembly of either House of the parliament.

(2) Where a special officer is appointed to a newly constituted Corporation, the Special Officer shall preside over the first meeting under sub-section (1) and also conduct the elections of the Mayor in the manner prescribed.

(3) A retiring Mayor or Deputy Mayor shall be eligible for re-election to either of office.

(4) If any casual vacancy occurs in the office of the Mayor or the Deputy Mayor, the members shall, as soon as conveniently may be after the occurrence of the vacancy, elect one from amongst themselves to fill the vacancy, and every Mayor or Deputy Mayor so elected shall hold office only so long as the person in whose place he is elected would have been entitled to hold it, if the vacancy had not occurred.

(1) There shall be constituted by the Government, by order, such number of Wards Committees to the Corporation as may be determined by them, sc however, that each wards committee shall consist of not less than ten wards;

Provided that in constituting Hard Committees the Government shall maintain geographical contiguity as far as possible.

(2) Each Wards committee shall consist of the members elected from the wards for which the wards Committee is constituted:

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

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

(4) The Chairperson shall cease to hold office if he ceases to be a member of the Hards Committee. Any casual vacancy in the option of the ??? shall be filled by election of another Chairperson from ??? the member of the ??? may be, after the ??? of the vacancy.

(5) The powers and the function of the Wards committees and the manner of condition of ??? at its ??? shall be ??? as way be ???.

The preparation of ??? for and the conquer of ??? is Corporation shall be under the ??? direction and control of the State Election Commission Constituted under article 243K of the Constipation.

(1) The Finance ??? by the Governor in ??? of ??? of ??? shall also review the ??? position of the Commination and make ??? to the Government as to,

(a) the principles which should govern,

(i) the distribution between the State and the Corporatist or the not proceeds of the duties, tolls and fees leviable by life State, which may be divided between ??? under this part end the allocation between the Corporation of their respective shares of such proceeds;

(ii) the determination of the taxes, tolls and fees which may be assigned or appropriated by the Corporation;

(iii) the grants in and to the Corporation the Consolidated Fund of the State;

(b) the ??? needed to improve financial position of the Corporation;

(c) any other matter referred to the ??? by the Government in the interests of ??? finances of the Corporation.

(2) The Government shall cause every ??? made by the ??? under this ??? together with an ??? as to action ??? ??? to be laid before the legislative Assembly of the State.

Subject to the provisions of sub-sections (2) and (3), the find Andhra Pradesh Municipalities Act, 1963, shall with ??? on and from the specification of a ??? area or a smaller urban area for which a Municipality is constituted as a larger urban area, cease to apply to such larger urban area for which is Municipal Corporation is constituted.

(2) Such cases or shall not effect:

(a) the previous operation of the Andhra Pradesh Municipalities Act, 1963 in respect of the local area comprised ??? any newly specified larger urban area for which a Corporation is constituted;

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against, the Andhra Pradesh Municipalites Act, 1965, or

(c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed;

(3) Notwithstanding anything contained in sub-section (1), all notifications, rules, bye-laws, regulations, orders, directions and powers, made, issued or conferred, under the Andhra Pradesh Municipalities Act, 1965 and in force in a Municipality immediately before the specification of its local are a larger urban area shall, so far as they are not inconsistent with the provisions of this Act continue to be in force in the larger urban area comprised within the Corporation until they are replaced by the notifications, rules, bye-laws regulations, orders, directions and powers to be made or issued or conferred under this Act.

(1) save as otherwise expressly provided herein, all the provisions of the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956) (hereinafter in this section referred to as the said Act) including the provisions relating to the levy and collection of any tax or fee except Chapter V and sections 380, 381, 382, 383, 384, 385 and 387 in Chapter XI thereof are hereby extended to and shall apply mutatis mutandis to a Corporation constituted under this Act and the said Act shall, in relation to the Corporation be read and construed as if the provisions of the said Act had formed part of this Act.

(2) For the purpose of facilitating the application of the provisions of the Hyderabad Municipal Corporations Act, 1955, to the Corporation, the Government may, by notification, make such adoptations and modifications of the said Act and the rules and bye-laws made thereunder whether by way of repealing amending or suspending any provisions thereof, as may be necessary or expedient and thereupon the said Act and the rules made thereunder, shall apply to the Corporation subject to the adoptations and modifications so made.

(3) Notwithstanding that no provision or insufficient provision has been made under sub-section (2) for the adoptation of the provisions of the said Act, or the rules made thereunder, any court, tribunal or authority required or empowered to enforce these provisions may, for the purpose of facilitating their application to the corporation, construe these provisions in such manner, without affecting the substance, as may necessary or proper regard to the matter before the court, tribunal or authority.

The Government may, by notification, direct the Corporation to levy and collect pipeline service charges from every owner or occupier of a premises to which water connection has been given at such rate as may be prescribed to the different categories as may be specified in this regard to defray the capital cost of pipeline service works undertaken by the Corporation and the operation and maintenance of the pipeline system from time to time:

Provided that no such charges shall be levied on the owner or occupier of any premises situated, in the areas which are not served by the pipeline system of the Corporation.

Where a Municipality ceases to exist and a Municipal Corporation is constituted in its place under this Act,

(1) all property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the Municipal Council, with all rights of whatever-kind used, enjoyed or possessed by the said Council as well as all liabilities legally subsisting against the said Council, shall, on and from the commencement of this Act and subject to such directions as the Government may, by general or special order, give in this behalf, pass to the Corporation;

(2) all arrears of taxes or other payments by way of compounding of a tax, or due for expenses or compensation or otherwise due to the said Council at such commencement may be recovered as if they had accrued to the Corporation and may be recovered as if the said arrears or payments had become due, under the provisions of this Act;

(3) all taxes fees and duties, which immediately before the commencement of this Act, were being levied by the said Council, shall be deemed to have been levied by the Corporation under the provisions of this Act and shall continue to be, in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act;

(4) all proceedings taken by or against the Council or authority or any person under the Andhra Pradesh Municipalities Act, 1965, (Act VI of 1965) way be continued by or against the Corporation, authority, or person as if the said proceedings had been started under the provisions of this Act;

(5) any action taken under the Andhra Pradesh Municipalities Act, 1965, (Act VI of 1965) by any authority before such commencement shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force;

(6) notwithstanding this Act, every officer or employee who, immediately before such commencement was in the service of the municipality shall be deemed to be an officer or employee of the Corporation:

Provided that,

(i) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the Corporation shall not be less favourable than those applicable to such employees immediately before such commencement, as pay and allowance, leave, pension, gratuity, provident fund and age of superannuation; and

(ii) the service rendered by any such officer or other employee under the municipality upto such commencement shall be deemed to be in service under the Corporation and he shall be entitled to count that service for the purpose of increments, leave, pension or provident fund and gratuity:

Provided further that any officer or other employee serving in the Municipality shall give an to be ??? within such time and in such ??? as may be prescribed ??? to be absorbed in the service to be ??? or to be retained in the ??? constituted under section 72 (Act VI of 1965) of the Andhra Pradesh Municipalities, Act; ??? be retrenched from the ???, of the Municipality on such ??? benefits as may be prescribed;

(7) any division of the Municipality to wards wade under the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) and in force at the commencement this Act shall, be deemed to be a division of the Corporation;

(8) the electoral roll prepared for the Municipality under the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) and in force at the constitution of the Corporation shall he deemed to be the electoral roll for the Corporation until a new electoral roll is prepared and published; and the part of the said electoral roll relating to each ward of the Municipality shall be deemed to be the list of the electoral roll for the corresponding division of the Corporation.

(1) Whenever a new Municipal Corporation is constituted under this Act, there shall be appointed by the State Government, by a notification in the Andhra Pradesh Gazette, a Special, Officer to exercise the powers, perform the duties and discharge the functions of,

(a) the Corporation;

(b) the standing Committee;

(c) the Commissioner; and

(d) the Hards Committee.

(2) The State Election Commission shall cause elections to be held to the Corporation within one year from the date of its constitution and the newly elected members shall enter upon office on such date as may be specified by the Government in this behalf, by a notification in the Andhra Pradesh Gazette.

(3) The Special Officer shall exercise the powers, perform the duties and discharge the functions of the Corporation until the elected I members come into office, of the Standing Committee until a Standing Committee is appointed by the Corporation, or the Commissioner, until a Commissioner is appointed by the State Government and of the Wards Committees until the Wards Committee's are constituted, as the case may be, and any such officer may, if the State Government so direct, receive remuneration for his services from the municipal fund.

(4) Until a new special officer is appointed by the Government under sub-section (1), the Special Officer of the Municipality functioning immediately before the commencement of this Act shall be deemed to be the Special Officer of the Corporation and he shall exercise the same powers and perform the same duties and, discharge the same functions as those exercised, performed and discharged by the Special Officer appointed under sub-section (1).

(1) The Government may by notification, make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this Act shall immediately after it is may be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, go however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Andhra Pradesh Municipal Corporations Ordinance, 1994 is hereby repealed.

1. Received the assent of the Governor on the 12th August, 1994. For Statement of objects and Reasons. Please see Andhra Pradesh Gazetre, Part IV-A, Extraordinary, date the 27th December, 1993 at Page 17.