Hyderabad Municipal Corporations (Amendment) Act, 1999*
| [Andhra Pradesh Act No. 11 of 1999] | [18th April, 1999] |
An Act Further to amend the Hyderabad Municipal Corporations Act, 1955
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fiftieth Year of the Republic of India, as follows:-
* Received the assent of the Governor on the 18-4-1999. For statement of objects and reasons please see the Andhra Pradesh Gazette, Part IV-A, Extraordinary, dt. 24-3-1999 at page 10.
The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 18th April, 1999, and the said assent is hereby first Published on the 20th April, 1999 in the Andhra pradesh Gazette for general information:-
STATEMENT OF OBJECTS AND REASONS
In order to curb the recurrence of public nuisance like open defecation, urination, indiscriminate throwing of debris and garbage on public streets and for prohibition of obstructions on the roads, Government have decided to enhance the existing fines within the jurisdiction of the Hyderabad Municipal Corporations Act, 1955 by amending the same suitably, which will also apply to other Municipal Corporations in the State.
As the Legislative Assembly of the State was not then in Session having been prorogued and are it has been decided to give effect to the above decision, immediately. The Hyderabad Municipal Corporations (Amendment) Ordinance 1999 (A.P. Ordinance 1 of 1999) has been promulgated by the Governor on 18th January, 1999.
This bill seeks to give effect to the above decision.
1. Short title.- This Act may be called the Hyderabad Municipal Corporations (Amendment) Act, 1999.
2. Amendment of section 402.- In the Hyderabad Municipal Corporations Act, 1955, (Act II of 1956) (hereinafter referred to as the principal Act), in section 402,-
(a) in sub-section (1), in clause (a), for the words "ladder, bale or other things" the words "ladder, bale, building materials, building debris or other things" shall be substituted,
(b) for sub-section (2), the following shall be substituted, namely:-
"(2) Whoever contravenes the provisions of sub-section (1) shall on conviction, be punishable with imprisonment which may extend to one month or with fine which may extend to five thousand rupees or with both.
(3) Any thing placed or deposited in contravention of the provisions of sub-section (1) may be seized by the Commissioner or any other person duly authorised by him in this behalf, and on conviction for an offence under sub-section (2) the Court may also pass such order as it thinks fit respecting the disposal of such thing including confiscation of such thing.".
3. Amendment of section 484.- Section 484 of the principal Act, shall be numbered as sub-section (1) of that section and after sub-section. (1) as so renumbered, the following shall be added, namely:-
"(2) Even after the Commissioner has taken such measure under sub-section (1), if any person commits defacation, urination on spitting in open public places shall, on conviction, be punishable with imprisonment which may extend to one month or with fine which may extend to five thousand rupees.".
4. Amendment of section 487.- Section 437 of the principal Act, shall be numbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following shall be added namely:-
"(2) Whoever, contravenes the provisions of sub-section (1) shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees.".
5. Amendment of section 488.- In section 488 of the principal Act, in the marginal heading and in the section for the expression "clause (e) of section 467", the expression "clause (e) of sub-section (1) of ‘Section 487" shall be substituted.
6. Amendment of section 489.- In section 489 of the principal Act, for the words "and such charge as the Commissioner may, with the sanction of the Standing Committee, fix" the words "and a penalty not exceeding one thousand rupees as the Commissioner may fix," shall be substituted.
7. Amendment of Schedule B.- In Schedule U to the principal Act,-
(a) the following sections and sub-sections mentioned in first column and entries relating thereto mentioned in second and third columns shall be substituted, namely:-
| "Section 351 sub-section (2). | Public water supply set a part for particular purpose, not to be used for other purpose. | Fifty rupees |
| Section 400. | Ground floor doors, etc., not to open outwards on streets | Two hundred rupees. |
| Section 401 sub-section (1). | Prohibition of structures or fixtures causing obstruction in streets. | Five hundred rupees. |
| Section 406. | Requisition to remove structures or fixtures. | Five Hundred and fifty rupees. |
| Section 407 sub-section (1). | Prohibition of the tethering of animals in Public streets. | Fifty rupees per animal. |
| Section 420 sub-section (1) | Sky-signs not to be erected or retained without permission. | Two hundred and fifty rupees. |
| Section 421 sub-section (1) | Advertisement on certain sites, vehicles etc., not to be exhibited without permission. | One thousand rupees. |
| Section 441. | Building not to be converted to, other purposes without the permission of the Commissioner. | Five thousand rupees. |
| Section 485. | Collection and removal of excrementitious and polluted matter to be provided for by occupiers in certain cases. | one thousand rupees. |
| Section 512 sub-section (1). | Prompt notice to be given to Health Department for removal of carcasses of dead animals. | Two hundred and fifty rupees |
| Section 536 sub-section (2). | Regulations and table of stallage rent posted up in markets and slaughter house not to be destroyed or defaced. | Fifty rupees. |
| Section 591 sub-section (2). | The same not to be injured. | Fifty rupees. |
| Section 619. | Regulations prescribed for licenced surveyors and plumbers. | Fifty rupees. |
| Section 620. | Licensed plumber not to demand to receive more than the prescribed fee. | Fifty rupees. |
| Section 623. | Milk, butter etc., not to be sold without a licence | Two hundred and fifty rupees." |
(b) the following entries shall, be omitted, namely:-
| "Section 402 sub-section (1). | Prohibition of deposits, etc., of things in street. | One hundred rupees. |
| Section 483 sub-sections (1), (2), (3), and (4). | Collection, removal and deposit of refuse and provision of receptacles. | Twenty rupees. |
| Section 487. | Provisions as to removal of refuse. | Fifty rupees. |
8. Amendment of Schedule-V.- In Schedule V to the principal Act,-
(a) the following sect tons and sub-sections mentioned in the first column and entries relating thereto mentioned in second and third columns shall be substituted, namely:-
| Section 298. | Connections with municipal drains etc., not to be made. | One thousand rupees, actual digging charges. |
| Section 305 Sub-section (1). | Direction limiting use of drain or notice requiring the construction of a distinct drain. | One thousand rupees. |
| Section 309. | Owners of drains to allow use thereof or Joint ownership therein to others. | One thousand rupees. |
| Section 324. | Requisition to provide privy accommodation for factories, etc., | One thousand rupees. |
| Section 325. | Requisition respecting unhealthy privies. | One thousand rupees. |
| Section 327. | Provisions as to water closets. | Fifty rupees. |
| Section 335. | Requisition to effect sanitary repairs etc., | Fifty rupees. |
| Section 339. Sub-section (1) and (4). | Provisions as to employment of licenced plumber and use or work | Fifty rupees. |
| Section 339. Sub-sections (2) and (3). | Licenced plumber to give and sign certificates. | Fifty rupees. |
| Section 403. | Prohibition of hawking or exposing for sale any article in a public place or street without a licence. | Five hundred rupees. |
| Section 404. | Prohibition in a Public place or street, of use or skill in handicraft or in rendering services without licence. | Five hundred rupees. |
| Section 417. | ??? to be set up during work in any building adjacent to a street. | One thousand rupees. |
| Section 422 sub-section (1). | Requisition to repair, protect or enclose dangerous place. | Five hundred rupees. |
| Section 442. | Building or any part of a building originally constructed or authorised to be used for human habitation not to be used as godown, etc., without permission. | One thousand rupees. |
| Section 443. | Building originally constructed or authorised to be used for human habitation not to be altered without permission for purpose of using it as godown etc. | One thousand rupees. |
| Section 445. | Roofs and external walls of buildings not to be of inflamable material. | Five hundred rupees. |
| Section 483. Sub-sections (1), (2), (3) and (4). | Collection, removal and provision of receptacles. | One thousand rupees. |
| Section 497 sub-sections (1) and (2). | Requisition to abate or to prevent recurrences of leakage in the roofs of buildings. | Five hundred rupees. |
| Section 501 sub-section (3). | Requisition by owner pursuant to order under sub-section (1). | Fifty rupees. |
| Section 509 sub-section (1) | Requisition to remove or trim trees, shrubs or hedges. | Fifty rupees. |
| Section 510 sub-section (1) | Prohibition as to the keeping of animals. | Five hundred rupees. |
| Section 511. | Requisition to discontinue etc., of stabling animals in dwelling houses. | Five hundred rupees. |
| Section 519 sub-section (1) | Requisition for sanitary regulation of factories etc., | One thousand rupees. |
| Section 521 sub-section (1). | Certain things not to be kept and certain trades not to be carried on without licence. | One thousand rupees. |
| Section 521 sub-section (4). | Licence to be kept on the premises. | Five hundred rupees. |
| Section 530 sub-section (1). | Private markets not to be kept open, without licence. | One thousand rupees. |
| Section 532. | Requisition to pave and drain private market buildings and slaughter houses. | Five hundred rupees. |
| Section 539. | Butchers and persons who sell the flesh of animals to be licenced. | Two hundred and fifty rupees. |
| Section 554 sub-section (1). | Requisition to disinfect buildings. | Two hundred and fifty rupees. |
| Section 621. | Licenced plumber to be bound to execute work properly. | Fifty rupees. |
| Section 623. | Milk, butter etc., not to be sold without a licence. | Two hundred and fifty rupees. |
| Section 657 sub-section (3). | Occupies of building or land to afford owner facilities for complying with provisions of this Act etc., after eight days from issue of order by the judge. | Five hundred rupees. |
(b) the following entry shall be omitted,-
| Section 487. | Provisions as to removals of refuse. | Ten rupees.". |
9. Application of the Act to other Corporations.- The amendments made to the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956) by this Act shall extend to and shall apply also to the Visakhapatnam and Vijayawada Municipal Corporations and to other Corporations established under the Andhra Pradesh Municipal Corporations Act, 1994 (Act 25 of 1994).
10. Repeal of Ordinance 1 of 1999.- The Hyderabad Municipal Corporations (Amendment) Ordinance 1999 is here by repealed.