THE TELANGANA MUNICIPALITIES ACT, 1965.
(ACT NO. 6 OF 1965)
ARRANGEMENT OF SECTIONS
Sections
PART I
Preliminary.
1. Short title, extent and commencement.
2. Definitions.
2A. Omitted.
PART II
Constitution of Municipalities and constitution or
appointment of municipal authorities.
CHAPTER I
Constitution of Municipalities.
3. Constitution of Municipalities.
3A. Abolition of Municipalities.
CHAPTER II.
Constitution or appointment of municipal
authorities.
4. The Municipal Authorities.
(a) Council
5. Constitution of Municipal Council.
5A. Symbols for direct elections.
5B. Constitution of Ward Committee.
5C. Constitution, composition, functions of Area
Sabha etc.
5D. Constitution of Ward Sabha.
2 [Act No. 6 of 1965]
6. Incorporation of Council.
7. Special provision in the case of newly constituted
and reconstituted councils.
8. Reservation of seats.
9. Reservation of Office of members and
chairperson to cease after certain date.
10. Division of municipalities into wards, etc., for the
purpose of election of members.
10A. State Election Commission.
10B. Powers and functions of the State Election
Commission.
11. Preparation and publication of electoral roll for a
municipality.
12. Voter Identity Cards.
13. Qualification of candidates.
13-A. General Disqualification.
13-B. Persons having more than two children to be
disqualified.
14. Disqualification for election or for holding office
as a member.
15. Other disqualifications of candidates.
15A. Disqualification on ground of corrupt practice or
election offences.
15B. Disqualification for failure to lodge account of
election expenses.
16. Disqualification of Members.
17. District Judge to decide questions of
disqualifications of Members.
18. Omitted.
[Act No. 6 of 1965] 3
19. Omitted.
20. Term of office of Members and filling of seats.
21. Casual vacancies of members.
21-A. Postponement of casual elections to the office of
Members and Chairman/Chair-person.
22. Procedure when no Member is elected.
(b) Chairman/Chairperson
23. Election of Chairman/Chairperson and Vice-
Chairperson.
23-A. Resolution of disputes relating to cessation for
disobedience of party whip.
24. Reservation of offices of Chairpersons.
25. Merged in section 23.
26. Cessation of Office of Chairman/Chairperson and
Vice-Chairman.
26-A. Procedure when office of chairman/chair-person is
vacant.
27. Notification of elections.
28. Requisitioning of premises and vehicles for election
purposes.
28-A. Payment of Compensation.
28-B. Power to obtain information.
28-C. Eviction from requisitioned premises.
28-D. Penalty for contravention of any order regarding
requisitioning.
28-E. Voting machines at elections.
(c) Commissioner
29. Appointment of Commissioner.
4 [Act No. 6 of 1965]
CHAPTER III.
Powers and functions of the Municipal Authorities.
(a) The Council.
30. Vesting of municipal administration in the Council.
30-A. Performance of functions by the Council.
31. Council’s power to call for records.
31-A. Appointment of Committees.
32. Rules and regulations for proceedings of Council.
33. Acts of councils, etc., not to be invalidated by defect
in constitution, vacancy, etc.
34. Council to submit annual administration report to
Government and to furnish information relating to its
plan schemes to Zilla Praja Parishad.
35. Vesting of public streets and appurtenances in the
council.
36. Duty of council in respect of public streets with-
drawn from its control.
37. Vacant lands belonging to Government situated in
the municipality to be in the possession or under the
control of the council.
38. Collected sewage, etc., to belong to council.
39. Power of Board of Revenue to transfer control of
endowments to council.
40. Acceptance of donation, endowments or trust by the
council.
41. Subjects not provided for by this Act.
42. Procedure of acquisition of immovable property
under the Land Acquisition Act.
[Act No. 6 of 1965] 5
43. Authority to contract and contractual power of
persons appointed by Government.
44. Rules regarding the conditions on which contracts
may be made.
45. Mode of executing contracts.
46. Motion of no confidence in Chairman/
Chairperson/Vice-Chairperson.
(b) The Chairman/Chairperson and Members.
47. Powers and functions of the Chairman/ Chairperson.
48. Power of Chairman/Chairperson to incur contingent
expenditure.
49. Emergency powers of the Chairman/ Chairperson.
50. Delegation and devolution of functions of
Chairman/Chairperson.
51. Presidency of council.
52. Member when to abstain from taking part in
discussion and voting.
53. Duties and powers of individual Members.
54. Payment of honorarium and conveyance allowance
to Chairman/Chairperson and conveyance
allowance to Members.
55. Resignation of Member, Vice-Chairman.
(c) Commissioner
56. Powers and functions of the Commissioner.
57. Omitted.
58. Commissioner to attend the meetings of the council
and the committees.
6 [Act No. 6 of 1965]
CHAPTER IV.
CONTROLLING AUTHORITIES AND THEIR
POWERS
59. Government’s power to cancel or suspend
resolutions, etc.
59-A. Government’s power to suspend
Chairman/Chairperson or Vice-Chair- person or
Member.
60. Government’s power to remove
Chairman/Chairperson or vice-chairman.
61. Omitted.
62. Government’s power to dissolve the council.
62-A. Appointment of Special Officer.
62-B. Appointment of Special Officers to the
Municipalities in Scheduled Areas.
63. Government’s power to appoint officers to
supervise municipalities.
64. Government’s power to take action in certain
cases.
65. Government’s power to undertake works for
municipality.
66. District Collector’s power to enforce execution of
resolutions.
67. Power of District Collector and Government for
purposes of control.
68. Emergency powers of District Collector.
69. Powers of officers acting for, or in default of,
council and liability of municipal fund.
70. Powers of District Collector to suspend
resolution, etc.
[Act No. 6 of 1965] 7
PART III
MUNICIPAL ESTABLISHMENT.
Officers and employees of or under the Council.
71. Appointment of Officers and employees.
72. Government’s power to regulate the methods of
recruitment, conditions of service, etc., of officers
appointed under sections 29 and 71.
73. Other officers and employees of council.
74. Appointment to posts of officers and employees
of Council sanctioned under section 73.
75. Power of Government to transfer officers and
employees of municipalities.
76. Power of council to frame regulations.
77. Power to punish municipal employees.
78. Power to grant leave to officers and employees.
79. Special provisions regarding Government
employees lent to council.
80. Constitution of Common Municipal Service.
PART IV
CHAPTER - 1
Taxation
81. Levy of ordinary taxes and the control of
Government in respect thereof.
82. Duty on transfers of property.
83. Notification of new taxes.
84. Saving for certain provisions of the Constitution
of India.
8 [Act No. 6 of 1965]
(i) Property Tax.
85. Levy of property tax.
85-A. Constitution of the Telangana State Property Tax
Board.
85-B. Composition of the Board.
85-C. Qualification for the Chairman/Chair-person and
Members.
85-D. Term and other conditions of service of
Chairman/Chairperson and Members.
85-E. Resignation.
85-F. Removal from Office.
85-G. Staff of the Board.
85-H. Functions of the Board.
85-I. Powers of the Board.
85-J. Meetings of the Board.
85-K. Funds of the Board.
85-L. Expenditure.
85-M. Budget.
85-N. Accounts.
85-O. Audit.
85-P. Annual Report.
85-Q. Delegation of powers and functions by the
Board.
85-R. Members, officers and employees to be public
servants.
86. Levy of property tax on a direction by
Government.
87. Method of assessment of property tax.
[Act No. 6 of 1965] 9
88. General exemptions.
89. Taxation to be uniform.
90. Property tax a first charge on property.
91. Property tax when payable.
91-A. Power to correct the assessment records.
92. Vacancy remission.
93. Obligation of transferor and transferee to give notice
of transfer.
94. Owner’s obligation to give notice of construction, re-
construction or demolition of building.
95. Powers of Commissioner or valuation officer to call
for information and enter upon premises.
96-102. Omitted.
(iii) Tax on carriages and carts.
103. General provisions regarding tax on carriages and
carts.
104. Liability to tax according to period for which carriage
has been kept.
105. Cart liable to tax to be registered.
106. Non-liability to tax in certain cases.
107. Exemptions.
108. Compounding of tax.
109. Forms to be sent to and returned by tax payers.
110. Grant of license to carriages on payment of tax and
prepayment of tax condition precedent registration
of carriages.
111. Power to require numbers to be affixed to bicycles,
etc.
10 [Act No. 6 of 1965]
112. Seizure of vehicles not bearing numbers.
(iv) Tax on Animals.
113. Tax on animals.
Tax on advertisement.
114. Omitted.
115. Prohibition of advertisements without written
permission of Commissioner.
116. Permission of the Commissioner to become void in
certain cases.
117. Owner or person in occupation to be deemed
responsible.
118. Removal of unauthorised advertisements.
119. Collection of tax on advertisements.
Duty on transfers of property.
120. Method of assessment of duty on transfers of
property.
121. Provisions of the Indian Stamp Act, 1899 applicable
on the introduction of the duty on transfers of
property.
122. Power to make rules regarding assessment and the
collection of duty on transfer of property.
123. Omitted.
General provision regarding taxation.
124. Power to write off irrecoverable taxes, etc.
CHAPTER II.
Finance.
MUNICIPAL FUND.
125. Definition of Municipal Fund.
[Act No. 6 of 1965] 11
Budget
126. Budget Estimate.
127. Revised or Supplementary Budget.
127-A. Preparation of annual accounts.
128. Appointment of auditors of Accounts.
129. Contribution to expenditure by other local
authorities.
130. Applications of Schedule II.
Loans and Advances.
131. Guarantee by Government of principal of, and
interest on, the loans floated by council for purposes
of the Act.
132. Recovery of loans and advances made by the
Government.
132-A. Finance Commission.
PART-V.
PUBLIC HEALTH, SAFETY AND CONVENIENCE,
CHAPTER I.
WATER-SUPPLY, LIGHTING AND DRAINAGE.
Water-supply—Vesting of works and powers of
municipal authorities.
133. Vesting of works in councils.
134. Construction and maintenance of water works.
135. Constitution of water boards for local authorities.
136. Trespass on premises connected with water supply.
137. Prohibition of building over water mains.
138. Council to provide water for use.
12 [Act No. 6 of 1965]
139. Control over connections.
140. Private water supply for consumption and use and
power of the Chairman/Chairperson and
Chairman/Chairperson to enforce provision of water
supply.
141. Power of council to make bye-laws for water supply.
142. Levy and collection of pipe-line service charges.
142-A. Penal action for meddling with water mains.
Supply beyond limits of municipality.
143. Supply beyond the limits of municipality.
Disconnection of water-supply.
144. Power to disconnect water-supply.
145. Non-liability of council for disconnection or stoppage
of supply in certain cases.
Lighting.
146. Provision for lighting public streets.
Public Drainage.
147. Maintenance of system of drainage by council.
147-A. Acceptance of contributions towards the capital cost
of underground drainage.
148. Owners of buildings to pay for clearance of sullage
from their buildings by connecting their house-
drains with public drains.
Private Drainage.
149. Control over house-drains privies and cess pools.
150. Connection of house-drains or private latrines with
public drains or underground sewers.
151. Commissioner may close or limit the use of existing
private drains.
[Act No. 6 of 1965] 13
152. Power of Commissioner to drain premises in
combination.
153. Building etc., not to be erected without permission
over drains.
154. Construction of culverts or drain-coverings by owner
or occupier.
155. Power to regulate discharge of water from building
or land.
Public latrines.
156. Provision of public latrines and urinals.
156-A. Licensing of public latrines and urinals.
Private latrines.
157. Provision of latrines by owner or occupier.
158. Provision of latrines for labourers.
159. Provision of latrines for markets, cart-stands, cattle-
sheds, choultries, etc.
General powers.
160. Latrines to be screened from view and kept clean.
161. Power to carry wire, pipes, drains, etc., through
private property subject to causing as little
inconvenience as possible and paying for direct
damage.
162. Prohibition against making connection with mains
without permission.
163. Powers in respect of works outside the municipality.
CHAPTER II.
SCAVENGING.
164. Council to arrange for the removal of rubbish and
filth and for the preparation and sale of compost.
14 [Act No. 6 of 1965]
165. Contribution from persons having control over
places of pilgrimage.
166. Prohibition of improper disposal of carcasses,
rubbish and filth.
167. Prohibition against keeping night soil etc.
168. Prohibition against allowing outflow of filth.
169. Prohibition against using any cart without cover in
the removal of filth, etc.
170. Prohibition against throwing rubbish or filth into
drains.
170-A. Disposal of waste.
CHAPTER III - STREETS.
Public Streets.
171. Maintenance and repair of streets.
171-A. Government’s power to repair the public streets
vested in the municipal council.
172. Powers of municipal authorities.
173. Power to dispose of permanently closed streets.
174. Acquisition of land and buildings for improvement of
streets.
175. Power to specify building line and street alignment.
176. Buildings not to be constructed within street
alignment or building line.
177. Setting back projecting buildings or walls.
178. Setting buildings forward to improve line of street.
179. Projected streets.
180. Watering of streets.
181. Temporary closure of streets.
[Act No. 6 of 1965] 15
182. Protection of appurtenances and materials.
183. Power of municipality to recover expenses caused
by extraordinary traffic.
Private Streets.
184. Owner’s obligation to make a layout and to form a
street or road when disposing of lands as building
sites.
185. Making of a layout and forming of new private street
or road.
186. Alteration or demolition of street or road made in
breach of section 185.
187. Power of Commissioner to order work to be carried
out or to execute it in default.
188. Right of owner to require street to be declared
public.
Encroachments on streets.
189. Prohibition against obstruction in or over streets.
190. Streets open to all.
191. Prohibition and regulation of doors, ground floor
windows and bars opening outwards.
192. Removal of encroachments.
193. Power to allow certain projections and erections.
194. Power to evict certain persons from municipal
premises.
195. Precautions during repair of streets.
196. Prohibition against removal of bars and lights.
197. Prohibition against making holes and causing
obstruction.
16 [Act No. 6 of 1965]
198. License for work on buildings likely to cause
obstruction.
199. Clearing of debris of fallen houses etc., by occupier.
199-A. Punishment for destroying road direction.
Naming of Streets.
200. Naming of Public streets.
Numbers on buildings.
201. Numbering of buildings.
CHAPTER IV - BUILDING REGULATIONS.
General Powers.
202. Construction of buildings for public worship.
203. Permission for construction of new building not to
be granted on certain sites.
204. Building site and construction of buildings.
205. Powers of council to regulate future construction of
certain classes of buildings in particular street or
localities.
206. Buildings at corner of streets.
207. Prohibition against use of inflammable materials for
buildings without permission.
208. Prohibition against constructing doors, ground-floor
windows and bars so as to open outwards.
Buildings other than huts.
209. Application to construct or reconstruct buildings.
210. Necessity for prior approval of site.
211. Prohibition against commencement of work without
permission.
[Act No. 6 of 1965] 17
212. Period within which Commissioner is to signify
approval or disapproval.
213. Period within which Commissioner is to grant or
refuse to grant permission to execute work.
214. Effect of delay in grant or refusal of approval or
permission.
215. Grounds on which approval of site for or license to
construct or reconstruct building may be refused.
216. Lapse of permission.
217. Power to require alteration of work.
218. Stoppage of work endangering human life.
218-A. Regulation and penalization of construction of
buildings in deviation of sanctioned plan.
WELLS.
219. Application of certain sections to wells.
HUTS.
220. Application to construct or reconstruct huts.
221. Prohibition against commencement of work without
permission.
222. Period within which Commissioner is to grant or
refuse to grant permission to execute the work.
223. Effect of delay in grant or refusal of permission.
224. Grounds on which permission to construct or
reconstruct hut may be refused.
225. Lapse of a permission.
External walls, alterations and additions.
226. Maintenance of external walls in repairs.
227. Application of provisions to alterations and
additions.
18 [Act No. 6 of 1965]
228. Demolition or alteration of building work unlawfully
commenced, carried on or completed.
EXEMPTIONS.
229. Exemptions.
230. Omitted.
CHAPTER V.
NUISANCE.
Dangerous structures, trees and places.
231. Precautions in case of dangerous structures.
232. Precautions in case of dangerous trees.
233. Precautions in case of dangerous tanks, wells,
holes, etc.
234. Power to stop dangerous quarrying.
235. Precaution against fire.
Control over wells, tanks, etc.
236. Prohibition of construction of wells, tanks, etc.,
without the permission of the Chairman/
Chairperson.
237. Filling in of polls, etc., which are a nuisance.
238. Regulation or prohibition of certain kinds of
cultivation.
239. Cleansing of insanitary private tank or well used for
drinking.
240. Duty of council in respect of public well or
receptacle of stagnant water.
241. Public wells, etc., open to all.
242. Prohibition against or regulation of washing animals
or clothes or fishing or drinking in public water
courses, tanks, etc.
[Act No. 6 of 1965] 19
243. Provision of public wash houses.
244. Prohibition against washing by washerman at
unauthorized places.
245. Prohibition against defiling water of tanks, etc.,
whether public or private.
CONTROL OVER ABANDONED LANDS,
UNTRIMMED HEDGES, ETC.
246. Untenanted buildings or lands.
247. Removal of filth or noxious vegetation.
248. Fencing of buildings or lands and pruning of hedges
and trees.
Control over insanitary buildings.
249. Lime washing, cleaning, etc., of buildings.
250. Further powers with reference to insanitary
buildings.
251. Buildings unfit for human habitation.
252. Abatement of overcrowding in dwelling house or
dwelling place.
Control over certain animals.
253. Prohibition against feeding certain animals on filth.
254. Prohibition against keeping animals so as to be a
nuisance or dangerous.
255. Power to destroy stray pigs and dogs.
General.
256. Power to use or sell materials of dangerous
structure taken down etc.
257. Procedure where there is no owner or occupier.
258. Limitation of compensation.
20 [Act No. 6 of 1965]
CHAPTER-VI
LICENCES AND FEES.
259. Central or State Government not required to take out
license, etc.
Keeping of animals.
260. Licenses for places in which animals are kept.
261. General powers of control over stables, cattle-sheds
and cow houses.
262. Power to direct discontinuance of use of building as
stable, cattle-shed or cow-house.
263. Purposes for which places may not be used without
licenses.
Industries and factories.
264. Application to be made for construction,
establishment or installation of factory, workshop or
work place in which steam or other power is to be
employed.
265. Use of steam whistles, etc.
266. Council may issue directions for abatement of
nuisance caused by steam or other power.
267. Power of Government to pass orders or give
directions in respect of action taken or omitted to be
taken under section 264, section 265 or section 266.
268. Notification of residential industrial, commercial etc.,
areas in the municipality.
269. Power of Government to notify the location of the
industries.
270. The Commissioner may enter any factory, work-
shop or work-place.
[Act No. 6 of 1965] 21
270-A. Prohibition of corruption of water by chemicals etc.
Slaughtering of animals.
271. Provision of municipal slaughter-houses.
272. License for slaughter-houses.
273. Slaughter of animals for sale as food.
274. Slaughter of animals during festivals and religious
ceremonies.
The milk trade.
275. Regulation of milk trade.
Markets, butchers, fishmongers and hawkers.
276. Public markets.
277. Power in respect of public markets.
278. Control of the municipal health officer over public
markets.
279. License for private markets.
280. Fee for license.
281. Sale in unlicensed private markets.
282. Powers of council in respect of private markets.
282-A. Revision of tax by the Director of Municipal
Administration.
283. Suspension or refusal of license in default.
284. Prohibition against nuisances in private markets.
285. Power to close private markets.
286. Acquisition of rights of private persons to hold
private markets.
287. Duty of expelling lepers, etc., from markets and
power to excel disturbers.
22 [Act No. 6 of 1965]
288. Butcher’s, fish-monger’s, poulterer’s license.
289. Power to prohibit or regulate sale of articles in public
streets.
290. Decision of disputes as to whether places are
markets.
Cart-stands.
291. Provisions of public cart-stands, etc.
292. Prohibition of use of public place or sides of public
street as cart-stands, etc.
Inspection of places for sale, etc.
293. Duty of municipal health officer to inspect.
294. Powers of municipal health officer for purpose of
inspection.
295. Preventing inspection by municipal health officer.
296. Power of municipal health officer to seize diseased
animals, noxious foods, etc.
297. Removing or interfering with article seized.
298. Power to destroy article seized.
299. Production of articles, etc., seized before magistrate
and powers of Magistrate to deal with them.
Disposal of the dead.
300. Registration or closing of places for disposal of the
dead.
301. Licensing of places for disposal of the dead.
302. Provision of burial and burning grounds and
crematoria within or outside municipality.
303. Register of burial grounds.
304. Report of burials and burnings.
[Act No. 6 of 1965] 23
305. Prohibition against use of burial and burning
grounds dangerous to health or over crowd with
graves.
306. Prohibition in respect of corpses.
307. Grave diggers’ license.
CHAPTER VII.
VITAL STATISTICS AND THE PREVENTION OF
DISEASE.
Vital Statistics
308. Compulsory registration of vital statistics.
Infectious diseases.
309. Definition of infectious diseases.
310. Obligation of medical Practitioner or owner or
occupier of house to report infectious disease.
311. Power of entry into suspected places.
312. Disinfection of buildings and articles.
313. Provision of places for disinfection and power to
destroy infected articles.
314. Prohibition against transfer of infected articles.
315. Power of Chairman/Chairperson to prohibit use of
water likely to spread infection.
316. Municipal Health Officer may order removal of
patients to hospitals.
317. Prohibition against infected person carrying on
occupation.
318. Prohibition against person suffering from infectious
disease entering public conveyance.
319. Letting of infected buildings.
24 [Act No. 6 of 1965]
320. Power to order closure of places of public
entertainment.
321. Minor suffering from infectious disease not to attend
school.
Small-Pox.
322. Compulsory vaccination.
323. Obligation to give information of small-pox.
324. Mosquito control.
325. Power of access to Commissioner for anti-malarial
operations.
PART VI – SUBSIDIARY LEGISLATION AND
PENALTIES.
CHAPTER-I.
RULES, BYE-LAWS AND REGULATIONS, RULES
AND SCHEDULES.
326. Power of Government to make rules.
327. Omitted.
328. Power to amend Schedules.
329. Merged with section 328.
Bye-Laws.
330. Power of Council to make bye- laws.
330-A. Power of Government to make rules in lieu of bye-
laws.
331. Power to give retrospective effect to certain bye-
laws.
332. Conditions precedent to making bye-laws.
333. Confirmation of bye-laws by Government.
333-A. Penalty for breaches of bye-laws.
[Act No. 6 of 1965] 25
Publication of Rules, Bye-laws and Regulations.
334. Copies of Act, rules and bye-laws to be sold at
municipal office.
335. Publication of regulations.
CHAPTER II.
PENALTIES.
336. General provisions regarding penalties specified in
Schedules VI and VII.
337. Penalty for acting as member, Chairman/
Chairperson, Vice-Chairman when disqualified.
338. Penalty for acquisition by municipal officer of interest
in contract or work.
339. Penalty for commission to take out licence for
carriage or animal.
339-A. Penalty for willful prevention of distraint.
340. Penalty for unlawful building.
340-A. Power to seal unauthorised construction/
development or premises.
341. Notice to conservancy worker before discharge, etc.
342. Wrongful restraint of municipal authority or officer
and his delegate.
343. Penalty for not giving information or giving false
information.
CHAPTER -III
CORRUPT PRACTICES AND ELECTION
OFFENCES
CORRUPT PRACTICES
343A. Corrupt practices.
26 [Act No. 6 of 1965]
ELECTORAL OFFENCES
343B. Promoting enmity between classes in connection
with election.
343C. Prohibition of public meetings during period of
forty-eight hours ending with hour fixed for
conclusion of poll.
343D. Disturbance at election meetings.
343E. Restrictions on the printing of pamphlets, posters
etc.
343F. Maintenance of secrecy of voting.
343G. Officers etc. at elections not to act for candidates
or to influence voting.
343H. Prohibition of canvassing in or near polling
stations.
343I. Penalty for disorderly conduct in or near polling
stations.
343J. Penalty for misconduct at the polling station.
343K. Penalty for failure to observe procedure for
voting.
343L. Penalty for illegal hiring or procuring of
conveyance at elections.
343M. Breaches of official duty in connection with
elections.
343N. Penalty for Government servants etc. for acting
as election agent, polling agent or counting
agent.
343O. Prohibition of going armed to or near a polling
station.
343P. Removal of ballot papers or ballot boxes from
polling stations to be an offence.
[Act No. 6 of 1965] 27
343Q. Offence of booth capturing.
343R. Liquor not to be sold, given or distributed on
polling day.
343S. Other offences and penalties thereunder.
343T. Penalty for offences not otherwise provided for.
CHAPTER -IV
MISCELLANEOUS ELECTION MATTERS
343-U. Adjournment of poll in emergencies.
343-V. Fresh poll in the case of destruction etc., of ballot
boxes.
343-W. Adjournment of poll or countermanding of
election on the ground of booth capturing.
343-X. Destruction, loss, etc., of ballot papers at a time
of counting.
343-Y. Electoral officers and staff etc. deemed to be on
deputation.
343-Z. Delegation of the powers of the Commission.
343-ZA. Election petitions.
CHAPTER -V
ELECTION EXPENSES
343ZB. Application of Chapter.
343ZC. Account of election expenses.
343ZD. Lodging of account with the District Election
Authority.
CHAPTER VI
APPOINTMENT OF OBSERVERS
343ZE. Appointment of Observes.
28 [Act No. 6 of 1965]
PART VII.
PROCEDURE AND MISCELLANEOUS.
Licenses and permissions.
344. General provisions regarding licenses and
permissions.
Appeals.
345. Appeals.
346. Limitation of time for appeal.
Power to summon.
347. Power of persons conducting election and other
enquiries.
348. Summons to attend and give evidence or produce
documents.
Notices, Etc.
349. Form of notices and permissions.
350. Signature on documents.
351. Publication of bye-laws, notices, orders, etc.
352. Notice of prohibition or setting part of places.
353. Method of serving documents.
Relations of occupier to owner.
354. Recovery by occupier of sum leviable from owner.
355. Obstruction of owner by occupier.
356. Execution of work by occupier in default of owner.
Powers of entry and inspection.
357. Power of entry to inspect, survey or execute the
work.
358. Power of entry on lands adjacent to works.
[Act No. 6 of 1965] 29
Power to enforce licensing provisions, orders, etc.
359. Consequences of failure to obtain licenses, etc., or
of breach of the same.
360. Time for complying with order and power to enforce
in default.
361. Recovery of expenses from persons liable and
limitation of liability of occupier.
362. Power of Commissioner to agree to receive
payment of expenses in installments.
Payment of Compensation, etc., by and to the
municipality.
363. Power of municipality to pay compensation.
364. Recovery of sums due as taxes.
365. Limitation for recovery of dues.
366. Persons empowered to prosecute.
367. Imprisonment in default of payment and application
of costs, etc.
368. Payment of compensation for damage to municipal
property.
LEGAL PROCEEDINGS.
369. Institution of suits against municipal authorities,
officers and servants.
370. Provisions respecting institution, etc., of civil and
criminal actions and obtaining of legal advice.
371. Power of election authority to defend himself if sued.
372. Injunctions not to be granted in election
proceedings.
373. Indemnity to the Government, Collector, Revenue
Divisional Officer, municipal authorities, officers and
agents.
30 [Act No. 6 of 1965]
374. Liability for loss, waste or misapplication.
375. Sanction for prosecution of Chairman/ Chairperson,
Member, Commissioner or Municipal Health Officer,
or any other officer.
376. Assessments etc., not to be questioned.
377. Injunctions not to be granted in respect of revision or
amendment of assessment book.
POLICE
378. Duties of Police Officers.
379. Power of police officers to arrest persons.
380. Exercise of powers of police officer by Municipal
Officers or employees.
Miscellaneous
381. Application of term of ‘public servant’ to municipal
officers, agents and sub-agents.
382. Prohibition against obstruction of municipal
authorities, employees and contractors.
383. Prohibition against removal of mark.
384. Prohibition against removal or obliteration of notice.
385. Prohibition against unauthorized dealings with
public place or materials.
386. Oath of allegiance to be taken by Member.
387. Delegation of powers by the Government.
387-A. Power to give directions.
388. Adjudication of disputes between local authorities.
389. Act to be read subject to Schedule IX in regard to
first reconstitution of councils, etc.
389-A. Notified Areas.
[Act No. 6 of 1965] 31
389-B. Power to transfer functions of Municipalities to
Telangana Industrial Infrastructure Corporation.
389-C. Disclosure of information.
390. Amendment of Telangana Mining Settlements Act,
1956.
391. Repeal of Andhra Pradesh (Andhra Area) District
Municipalities Act, 1920 and Andhra Pradesh
(Telangana Area) District Municipalities Act, 1956.
Schedule I
RULES REGARDING PROCEEDINGS OF THE
COUNCIL.
Schedule II
TAXATION AND FINANCE RULES.
Schedule III
Omitted.
Schedule IV
PURPOSES FOR WHICH PREMISES MAY NOT BE
USED WITHOUT A LICENCE.
Schedule V
LIST OF INFECTIOUS DISEASES.
Schedule VI
ORDINARY PENALTIES.
Schedule VII
PENALTIES FOR CONTINUING BREACHES.
Schedule VIII
Omitted.
Schedule IX
TRANSITIONAL PROVISIONS.
32 [Act No. 6 of 1965]
Schedule X.
Schedule XI.
THE TELANGANA MUNICIPALITIES ACT, 1965.1
ACT No.6 OF 1965.
PART I
Preliminary.
1. (1) This Act may be called the 2Telangana
Municipalities Act, 1965.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,
(1) ‗Telangana Area‘ means the area in the State of
2Telangana;
(2) ‗appointment‘, ‗appoint‘, includes temporary
appointment and officiating appointment or to appoint
temporarily or in an officiating capacity;
3[(2-a) ‗Backward Classes‘ means any socially and
educationally backward classes of citizens recognised by
1. The Andhra Pradesh Municipalities Act, 1965, received the assent of
the President on the 17th February, 1965. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in
G.O.Ms.No.142, Municipal Administration & Urban Development (A2)
Department, dated 29.10.2015.
2. Substituted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
3. Inserted by Act No.7 of 1992.
Short title, extent
and
commencement.
Definitions.
2 [Act No. 6 of 1965]
the Government for purposes of Clause (4) of Article 15 of
the Constitution of India.]
(3) ‗building‘ means any structure constructed of any
materials for any purpose, and includes a house, out-house,
shop, stable, latrine, shed, hut, wall (other than a boundary
wall not exceeding two metres in height), or any part of such
building;
(4) ‗building line‘ means a line which is in rear of the
street alignment and to which the main wall of a building
abutting on a street may lawfully extend;
(5) ‗carriage‘ means any wheeled vehicle with springs
or other appliances acting as springs and includes any kind
of bicycle, tricycle, rickshaw and palanquin but does not
include any motor vehicle within the meaning of the Motor
Vehicles Act, 1939;
(6) ‗cart‘ includes any wheeled vehicle which is not a
carriage but does not include any motor vehicle within the
meaning of the Motor Vehicles Act, 1939;
(7) ‗casual vacancy‘ means a vacancy occurring
otherwise than by efflux of time and ‗casual election‘ means
an election held to fill a casual vacancy;
4[(7a) ‗ceiling limit‘ means the ceiling limit as specified
in section 4 of 5the Urban Land (Ceiling and Regulation) Act,
1976.]
(8) ‗chairperson‘ means the chairperson of the Council;
4. Inserted by Act No.7 of 1992.
5. This Act has been repealed by the Urban Land (Ceiling and
Regulation) Repeal Act, 1999 (Central Act 15 of 1999).
Central Act 4 of 1939.
Central Act 33 of 1976.
Central Act 4 of 1939.
[Act No. 6 of 1965] 3
6[(8-A) ‗Commissioner‘ means the person appointed as
Commissioner under sub-section (1) of section 29;]
(9) ‗company‘ means a company as defined in the
Companies Act, 1956, and includes any foreign company
within the meaning of section 591 of that Act;
(10) ‗conservancy worker‘ means a person employed
in collecting or removing filth, in cleansing drains or
slaughter houses or in driving carts used for the removal of
filth;
(11) ‗council‘ means a municipal council constituted
under this Act;
7[(12) ‗election authority‘ means such officer or
authority as may be appointed by the State Election
Commission to exercise such powers and to perform such
functions in connection with the conduct of elections to the
Municipalities;]
8[(13) [xxx]]
(14) ‗factory‘ means any premises including the
precincts thereof,-
(i) wherein any industrial or manufacturing 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; or
(ii) whereon twenty or more workers are working or
were working and in any part of which a manufacturing
6. Inserted by Act No.5 of 1971.
7. Substituted by Act No.17 of 1994.
8. Omitted by Act No.5 of 1971.
Central Act 1 of 1956.
4 [Act No. 6 of 1965]
process is being carried on without the aid of power or is
ordinarily so carried on;
but does not include a mine subject to the operation of
the Mines Act, 1952 or a railway running shed;
(15) ‗filth‘ means-
(a) night-soil and other contents of latrines, cesspools
and drains;
(b) dung and the refuse or useless or offensive
material thrown out in consequence of any process of
manufacture, industry or trade; and
(c) putrid and putrefying substances;
9[(15a) ‗Finance Commission‘ means the Finance
Commission constituted by the Governor under Article 243-I
of the Constitution of India;]
(16) ‗Government‘ means the State Government;
(17) ‗house‘ means a building or hut fit for human
occupation, whether as a residence or otherwise, having a
separate principal entrance from the common way, and
includes any shop, workshop or warehouse or any building
used for garaging or parking buses or as a bus-stand;
(18) ‗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 council
may declare to be a hut for the purposes of this Act;
(19) ‗latrine‘ includes privy, water-closet and urinal;
9. Inserted by Act No.17 of 1994.
Central Act 35 of 1952.
[Act No. 6 of 1965] 5
(20) ‗local area‘ includes any town, village, hamlet,
bazar, station or other area or any group of the same in the
immediate neighbourhood of one another but does not
include a cantonment governed by the Cantonments Act,
1924;
10[(20-a) ‗mineral water‘ means mineral water as
defined in item A.32 of Appendix B to the Prevention of
Food Adulteration Rules, 1955, framed under section 23 of
the Prevention of Food Adulteration Act, 1954;]
(21) ‗municipal office‘ means the principal office of any
council;
11[(22) ‗municipality‘ means a municipality of such
grade as may be declared by the Government, from time to
time, by notification in the 12Telangana Gazette on the basis
of its income and such other criteria as may be prescribed;]
13[(22a) ‗Nagar Panchayat‘ means a body deemed to
have been constituted under section 2-A, for a transitional
area specified by the Governor under clause (42-a);]
(23) ‗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 of the
public or the people in general who dwell or occupy
property in the vicinity or persons who may have occasion
to use any public right;
10. Inserted by Act No.36 of 2007.
11. Substituted by Act No.17 of 1990.
12. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
13. Inserted by Act No.17 of 1994.
Central Act 2 of 1924.
Central Act 37 of 1954.
6 [Act No. 6 of 1965]
(24) ‗occupier‘ includes,—
(a) any person for the time being paying or liable to
pay to the owner the rent or any portion of the rent of the
land or building or part of the same in respect of which the
word is used;
(b) a rent-free occupant;
(25) ‗ordinary vacancy‘ means a vacancy occurring by
efflux of time and ‗ordinary election‘ means an election held
to fill an ordinary vacancy;
(26) ‗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 estate
for any religious or charitable purposes, the rent or profits of
the property in connection with which the word is used;
(b) the person for the time being in chagre of the
animal or vehicle in connection with which the word is used;
14[(26-a) ‗packaged drinking water‘ (other than Mineral
Water) means water manufactured, packaged, sealed,
labelled and meant for commercial use for drinking purpose
to the general public;]
(27) ‗palanquin‘ includes tonjons, manchils and chairs
carried by men by means of posts, but not slings or cots
used for the conveyance of children or aged or sick people;
14. Inserted by Act No.36 of 2007.
[Act No. 6 of 1965] 7
15[(27a) ‗population‘ or population at the last census
‗with all its grammatical variations and cognate expressions,
means the population as ascertained at the 16[last census]
of which all the relevant and necessary figures have been
published;]
(28) ‗prescribed‘ means prescribed by the Government
by rules made under this Act;
(29) ‗private street‘ means any street, road, square,
court, alley, passage or riding path, which is not a public
street 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;
(30) ‗public place‘ includes any path, garden or ground
or any other place to which public have or are permitted to
have access;
(31) ‗public street‘, 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;
(b) the footway attached to any such street, public
bridge or causeway; and
(c) the drains attached to any such street, public
bridge or causeway 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
15. Inserted by Act No.15 of 1981.
16. Substituted by Act No.33 of 1986.
8 [Act No. 6 of 1965]
adjacent property whether that property is private property
or property belonging to the Government;
(32) ‗public water-courses, springs, wells and tanks‘
include those used by the public to such an extent as to
give a prescriptive right to such use;
17[(32-a) ‗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.]
18[(32-b) ‗Recognised Political party‘ and ‗Registered
Political party‘ shall have the meanings respectively
assigned to them in the Election Sysmbols (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 read with article 243-ZA of the
Constitution of India;]
(33) ‗reconstruction‘ of a building includes—
(a) the re-erection, wholly or partially, of a building
after more than one half of its cubical contents has been
taken down or burnt down or has fallen down whether at
one time or not;
(b) the re-erection, wholly or partially, of any building
of which an outer wall has been taken down or burnt down
or has fallen down to or within ten feet of the ground,
adjoining the lowest storey of the building, and of any frame
building which has so far been taken down or burnt down or
17. Substituted by Act No.34 of 2001.
18. Inserted by Act No.28 of 2005.
[Act No. 6 of 1965] 9
has fallen down, as to leave only the frame work of the
lowest storey;
(c) the conversion into a dwelling house or a place of
public worship of any building not originally constructed for
human habitation or for public worship, as the case may be,
or the conversion into more than one dwelling house of a
building originally constructed as one dwelling house only
or the conversion of a dwelling house into a factory, shop,
office or ware-house;
(d) the re-conversion into a dwelling house or a place
of public worship or a factory of any building which has
been discontinued as, or appropriated for any purpose
other than, a dwelling house or a place of public worship or
a factory, as the case may be;
(34) ‗Regional Director‘ means the Regional Director of
Municipal Administration having jurisdiction over the
municipality concerned;
(35) ‗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;
(36) ‗rubbish‘ means dust, ashes, broken bricks,
mortar, broken-glass, and refuse of any kind which is not
‗filth‘;
(37) ‗salary‘ means pay and acting pay or payment by
way of commission and includes exchange compensation
10 [Act No. 6 of 1965]
allowances, but not allowances for house-rent, conveyance
or travelling expenses;
(38) ‗Scheduled Castes‘ means such castes, races or
tribes or parts of, or groups within, such castes, races or
tribes as are notified to be Scheduled Castes under Article
341 of the Constitution of India in relation to the State of
19Telangana;
(39) ‗Scheduled Tribes‘ means such tribes, or tribal
communities or parts of, or groups within, such tribes or
tribal communities as are notified to be Scheduled Tribes
under Article 342 of the Constitution of India in relation to
the State of 19Telangana;
20[(40) ‗State Election Commission‘ means the State
Election Commission constituted in pursuance of Article
243-K of the Constitution of India;]
(41) ‗Street alignment‘ means a line dividing the lands
comprised in and forming part of a street from the adjoining
land;
(42) ‗Telangana area‘ means the territories specified in
sub-section (1) of section 3 of the States Re-organisation
Act, 1956;
20[(42-a) ‗transitional area‘ or ‗a smaller urban area‘
means such area as the Governor may, having regard to the
population of the area, the density of the population therein,
the revenue generated for local administration, the
percentage of employment in non-agricultural activities, the
economic importance or such other factors as he may deem
19. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
20. Inserted by Act No.17 of 1994.
Central Act 37 of 1956.
[Act No. 6 of 1965] 11
fit, specify by public notification for the purposes of this Act,
subject to such rules as may be made in this behalf;
21[(42-aa) Notwithstanding anything contained in clause
(42-a), the areas mentioned in Column No.3 of Schedule X
of this Act shall be deemed to have been constituted as the
smaller urban areas as specified in the corresponding entry
of column 4 of the said schedule.
(a) where an elected body of the Gram Panchayat
constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of expiry of the term of such elected body.
(b) where no elected body of the Gram Panchayat
constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of such commencement.]
(42-b) ‗Wards Committee‘ means a Wards Committee
constituted under section 5-B;]
(43) ‗water course‘ includes any river, stream or
channel whether natural or artificial;
(44) ‗year‘ means the financial year.
22[2A. [XXX]]
21. Clause (42-aa) inserted by Act No.4 of 2018.
22. Section inserted by Act No.17 of 1994 and omitted by Act No.4 of
2018.
12 [Act No. 6 of 1965]
PART II
Constitution of municipalities and constitution
or appointment of municipal authorities.
CHAPTER I
Constitution of Municipalities.
23[3. (1) Where a notification is issued specifying an area as
a smaller urban area under clause (42-a) of section 2, a
Municipality shall be deemed to have been consituted for
such area:
Provided that a Municipality under this clause may not
be constituted in such urban area or part thereof as the
Governor may, having regard to the size of the area of the
Municipal Services being provided or proposed to be
provided by an industrial establishment in that area and
such other factors as he may deem fit, by public notification,
specify to be an Industrial Township.
24[(1A) The Government may, by notification and in
accordance with such principles and procedure as may be
prescribed in this behalf,-
(a) include within a Municipality any local area or part
thereof, in the vicinity of such Municipality;
(b) exclude from a Municipality, any area comprised
therein.]
25[(1B) Notwithstanding anything contained in sub-
section 1-A, the areas mentioned in Column No.3 of
Schedule XI of this Act shall stand included and form part of
23. Substituted by Act No.17 of 1994.
24. Sub-section (1A) of section 3 inserted by Act No.8 of 2006.
25. Sub-section (1B) of section 3 inserted by Act No.4 of 2018.
Constitution of
Municipalities.
[Act No. 6 of 1965] 13
the area governed by the Municipality shown in the
corresponding entry of Column No.4 of the said Schedule:
(a) where an elected body of the Gram Panchayat
constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of expiry of the term of such elected body;
(b) where no elected body of the Gram Panchayat
constituted for such area prior to the commencement of the
Telangana Panchayat Raj Act, 2018 is in existence on the
date of such commencement.]
(2) where any local area which is within the jurisdiction
of any other local authority is constituted as or included in a
Municipality, the Government may pass such orders as they
may deem fit as to the transfer to the council of such
Municipality, or disposal otherwise, of the assets or
institutions of any such local authority in the local area and
as to discharge of the liabilities, if any, of such local
authority relating to such assets or institutions.
(3) where any local area is excluded from a
Municipality and included within the jurisdiction of any other
local authority, the Government may pass such orders as
they deem fit, as to the transfer to such local authority or
disposal otherwise, of the assets or institutions of such
Municipality in the local area and as to the discharge of the
liabilities, if any, of such municipality relating to such assets
or institutions.
26[(4) [xxx]
(5) [xxx]
26. Sub-sections (4), (5), (5A), (6) and (7) of section 3 are omitted by Act
No.8 of 2006.
14 [Act No. 6 of 1965]
(5A) [xxx]
(6) [xxx]
(7) [xxx]]
27[3A. (1) The Government may, by notification, abolish any
municipality to which this Act applies, where in the opinion
of the Government it is not financially sound or for such
other reasons as may be recorded in writing:
Provided that -
(a) the Government shall, before they issue such
notification, communicate to the municipal council the
grounds on which they propose to do so, fix a reasonable
period for the municipal council to show cause against
proposal and consider its explanations and objections, if
any;
(b) the notification shall contain a statement of the
reasons of the Government and shall be laid before the
Legislature.
(2) From such date as may be specified in such
notification, the provisions of this Act and all notifications,
rules, bye-laws, regulations, orders, directions and powers
issued, made or conferred under this Act, shall cease to
apply to the area previously comprised in the municipality;
the balance of the municipal fund and all other property
vested in the municipal council and all its liabilities shall
stand transferred to the Government or to such local or
other authority or to such officer or other person as they
may, by order, direct.]
27. Inserted by Act No.17 of 1990.
Abolition of
Municipalities.
[Act No. 6 of 1965] 15
CHAPTER II.
Constitution or appointment of municipal authorities.
4. The municipal authorities charged with carrying out the
provisions of this Act are-
(a) a council;
(b) a $[chairman/chairperson];
(c) *[a Commissioner;]
28[(d) ward committee.]
(a) Council
29[5. (1) There shall be constituted for each municipality a
body of members to be called the Municipal Council having
authority over the municipality.
(2) The Council shall consist of the following members,
namely:-
$. Throughout the Act
For Substituted
1. Chairman - Chairman/Chairperson
Substituted by Act No.33 of 1986.
* Throughout the Act.
1. Secretary - Commissioner
Substituted by Act No. 5 of 1971.
1. Councillor - Member
2. Councillors - Members
# Substituted by Act No.17 of 1994.
28. Substituted by Act No.7 of 2008.
29. Substituted by Act No.4 of 1993 and again substituted by Act No.17
of 1994.
The Municipal
Authorities.
Constitution of
Municipal Council.
16 [Act No. 6 of 1965]
(i) such number of elected members as may be
notified from time to time by the Government in the
30Telangana Gazette, in accordance with such principles as
may be prescribed:
Provided that the number of members to be elected in
respect of each council existing at the commencement of
the Andhra Pradesh Municipal Laws (Second Amendment)
Act, 1994 shall be as it stood at such commencement until
such number is revised by the Government in accordance
with the principles prescribed;
(ii) every Member of the Legislative Assembly of the
State representing a constituency of which a Municipality or
a portion thereof forms part:
31[Provided that a Member of the Legislative Assembly
representing a Constituency which comprises more than
one Municipality including a part of any Municipality, shall
be ex-officio member of one such Municipality, which he
chooses within a period of thirty days from the date of
conduct of ordinary elections to the Municipalities or the
date of election as Member of the Legislative Assembly by
notice in writing duly signed by him and delivered to the
Commissioner of that Municipality or Nagar Panchayat and
he shall also have the right to speak in and otherwise take
part in the proceedings of any meeting of the other Councils
comprised within the Constituency, but shall not be entitled
to vote at any such meeting. The intimation so given shall be
final and irrevocable. In default of such intimation within the
aforesaid period, the Election Authority shall decide the
Municipality and inform the Member of the Legislative
Assembly.]
30. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
31. Substituted by Act No.5 of 1999.
[Act No. 6 of 1965] 17
(iii) every member of the House of the People
representing a constituency of which a Municipality or a
portion thereof forms part:
32[Provided that a Member of the House of the People
representing a Constituency which comprises more than
one Municipality including a part of any Municipality, shall
be ex-officio member of one such Municipality, which he
chooses within a period of thirty days from the date of
conduct of ordinary elections to the Municipalities or the
date of election as Member of the House of the People by
notice in writing duly signed by him and delivered to the
Commissioner of that Municipality or Nagar Panchayat and
he shall also have the right to speak in and otherwise take
part in the proceedings of any meeting of the other Councils
comprised within the Constituency, but shall not be entitled
to vote at any such meeting. The intimation so given shall be
final and irrevocable. In default of such intimation within the
aforesaid period, the Election Authority shall decide the
Municipality and inform the Member of the House of the
People.]
(iv) every Member of the Council of states registered as
an elector within the municipality ex-officio;
33[(iv-a) Every Member of the Legislative Council of the
State registered as an elector within the area of the
Municipality as on the date of filling of nomination for
becoming Member of Legislative Council or on the date of
nomination by the Governor, as the case may be, shall be
ex-officio member of the Municipality.]
34[(v) One person having special knowledge or
experience in Municipal Administration be co-opted as
32. Substituted by Act No.5 of 1999.
33. Inserted by Act No.5 of 2008.
34. Clauses (v) and (vi) substituted by Act No.29 of 2005.
18 [Act No. 6 of 1965]
member of the Nagar Panchayat or Municipality in the
prescribed manner by the Council from among the persons
who are registered voters in the Nagar Panchayat or
Municipality as the case may be and who is 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 Nagar Panchayat or the Municipality, as the
case may be, but shall not have the right to vote.
(vi) Two persons belonging to the minorities of whom
one shall be woman be co-opted as members of the Nagar
Panchayat or Municipality in the prescribed manner by the
members specified in clauses (i) to (iv) from among the
persons who are registered voters in the Nagar Panchayat
or Municipality as the case may be and who are not less
than twenty-one years of age:
Provided that the members co-opted under this clause
shall have the right to speak in and otherwise to take part in
the meetings of the Nagar Panchayat or the Municipality, as
the case may be without the right to vote.]
35[5-A. The State Elelction Commission shall, as soon as
may be, after the issue of election notification, for any direct
election by the voters in the Municipality, to any office
specify by notification published in the 36Telangana Gazette,
the symbols, (including the symbols reserved for recognised
political parties and the symbols, if any, reserved for
registered political parties, for exclusive allotment to
contesting candidates set up by such parties), that may be
chosen by the candidates contesting at such an elelction
and the restrictions to which their choice shall be subject.]
35. Section 5-A substituted by Act No.28 of 2005.
36. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Symbols for direct
elections.
[Act No. 6 of 1965] 19
37[5-B. (1) In every Municipality, there shall be constituted a
Ward Committee for each ward of the Municipality.
(2) Each Ward Committee shall consist of:-
(i) the member of the Council representing the Ward,
who shall be the Chairperson of the Ward Committee;
(ii) not more than ten electors representing the civil
society from the ward nominated by the Council, in such
manner as may be prescribed:
Provided that, if the population of the ward is not more
than ten thousand, the number of nominated members shall
be four, and thereafter there shall be one additional member
for every four thousand population or part thereof:
Provided further that in reckoning the number of
additional members exceeding four, any part less than two
thousand shall be ignored:
Provided also that half of the persons nominated shall
be women.
(iii) the Area Sabha Representatives if there are areas
in the Ward.
Explanation:- For the purposes of this section and
section 5-C, civil society means any non-governmental
organisation or association of persons, established,
constituted or registered under any law for the time being in
force and working for social welfare, and includes any
community based organisation, residents welfare
association, professional institution and civic, health,
educational institution, social or cultural body or any trade
37. For section 5-B (5B, 5C and 5D) substituted by Act No.7 of 2008.
Constitution of
Ward Committee.
20 [Act No. 6 of 1965]
or industrial organisation, other stakeholders and such other
association or body, as may be prescribed by the
Government.
(3) The qualifications and disqualifications prescribed
for getting elected as member of Council and for holding the
office of member of Council under the Act shall apply
mutatis mutandis for the members of Ward Committee.
(4) The term of office of members of the Ward
Committee shall be co-terminous with the term of office of
Council.
(5) The manner of conduct of business at the meetings
of Ward Committee shall be such as may be prescribed.
(6) The Ward Committee shall perform the following
functions, namely:-
(i) Supervision over:-
(a) sanitation work and drainage;
(b) distribution of water supply;
(c) working of street lights;
(d) minor repairs to roads;
(e) maintenance of markets;
(f) manitenance of parks and play grounds;
(g) poverty alleviation programmes;
[Act No. 6 of 1965] 21
(ii) monitoring the functioning of schools, maternity
centres, dispensaries and health centres under the control
of Municipality;
(iii) facilitation in the collection of taxes and non-taxes;
(iv) preparation of list of beneficiaries for beneficiary
oriented schemes, pensions and subsidies;
(v) prepare Annual Ward Development Plan;
(vi) map ward infrastructure index;
(vii) preparation of inventory of municipal assets;
(viii) assistance in the implementation of Government
Schemes; and
(ix) any other function, as may be prescribed.
(7) The Ward Committee shall have the following rights,
namely:-
(a) to seek information from the Commissioner
regarding any matter pertaining to the ward;
(b) to obtain information about the Master Plan and
Zonal Development Plan of the Municipality;
(c) to obtain municipal budget;
(d) to be consulted in the development of land use and
zoning regulations within the ward; and
(e) to obtain full details of all revenue items relating to
the ward.
22 [Act No. 6 of 1965]
(8) The Municipality shall allocate twenty percent of the
amount earmarked in the annual budget of the Municipality
for maintenance of services, namely, sanitation, water
supply, drainage, roads, street lighting, parks and markets
etc., to all Ward Committees for performing the functions
specified in this section.
(9) The allocation and utilization of funds by Ward
Committees for maintenance of civic services and all
matters relating thereto shall be as such as may be
prescribed.
(10) The Ward Committee may appoint sub-committees
consisting of such number of members to enquire into and
report or advice on any matter which it may refer to them.]
38[5-C. (1) In respect of a Municipality having population of
one lakh and above, each ward shall be divided into such
number of areas based on the population, so however, that
each such area shall as far as possible, consist of not less
than one thousand and not more than two thousand
population.
(2) There shall be an Area Sabha for each area with all
the electors in the jurisdiction of the area. There shall be an
Area Sabha Representative for each area to be nominated
by the Municipal Council from the representatives of the civil
society, as may be prescribed.
(3) The qualifications and disqualifications prescribed for
getting elected as member of Council and for holding the
office of member of Council under the Act shall apply
mutatis mutandis for the representative of the Area Sabha.
38. Section 5-C added by Act No.7 of 2008.
Constitution,
composition,
functions of Area
Sabha etc.
[Act No. 6 of 1965] 23
(4) The term of the representative of the Area Sabha shall
be co-terminous with that of the Municipal Council
concerned.
(5) An Area Sabha shall, having regard to its managerial,
technical, financial and organizational capacity and the
actual conditions obtaining in the ward area perform the
following functions, namely:-
(i) to generate proposals and determine the priority of
schemes and development programmes to be implemented
in the Area Sabha and forward the same to the Ward
Committee for inclusion in the Development Plan of the
Ward Committee;
(ii) to identify the most eligible persons for beneficiary-
oriented schemes on the basis of criteria fixed by
Government and prepare the list of beneficiaries in the order
of priority and forward the same to the Ward Committee for
inclusion in the Development Plan of the Ward Committee;
(iii) to verify the eligibility of persons getting various
kinds of welfare assistance from Government, such as
pensions and subsidies;
(iv) to identify the deficiencies in water supply, street
lighting and sanitation in the jurisdiction of the Area Sabha
and to suggest remedial measures to the Ward Committee;
and
(v) to suggest the location of street lights, public taps,
public wells and public toilets to the Ward Committee.
(6) An Area Sabha shall have the following rights,
namely:-
24 [Act No. 6 of 1965]
(i) to get information from the officials concerned as to
the services they would render and the works proposed to
be executed in the area in the following three months;
(ii) to be informed by the Ward Committee about every
decision taken by it concerning the jurisdiction of the area;
(iii) to be informed by the Ward Committee of the follow
up action taken on the decisions concerning the jurisdiction
of the area;
(iv) to cooperate with the Ward Committee in the
provision of sanitation arrangements in the area; and
(v) to impart awareness on matters of public interest
such as cleanliness, preservation of environment and
prevention of pollution.
(7) The manner of the conduct of business at the
meeting of the Area Sabha shall be such as may be
prescribed.
5-D. (1) There shall be constituted Ward Sabha for each
ward in the Municipalities, whose population is less than
one lakh.
(2) All electors in the ward shall be members of the Ward
Sabha.
(3) The member of the Council representing the ward
shall be the convenor of the Ward Sabha.
(4) The manner of conduct of business at the meetings
of Ward Sabha shall be as such as may be prescribed.
(5) A Ward Sabha shall, having regard to its managerial,
technical, financial and organizational capacity and the
Constitution of
Ward Sabha.
[Act No. 6 of 1965] 25
actual conditions obtaining in the ward area perform the
following functions, namely:-
(i) to generate proposals and determine the priority of
schemes and development programmes to be implemented
in the ward and forward the same to the Ward Committee
for inclusion in the development plan of the Ward
Committee;
(ii) to identify the most eligible persons for beneficiary
oriented schemes on the basis of criteria fixed by
Government and prepare the list of beneficiaries in the order
of priority and forward the same to the Ward Committee for
inclusion in the development plan of the Ward Committee;
(iii) to verify the eligibility of persons getting various
kinds of welfare assistance from Government, such as
pensions and subsidies;
(iv) to identify the deficiencies in water supply, street
lighting and sanitation in the jurisdiction of the Ward and to
suggest remedial measures to the Ward Committee; and
(v) to suggest the location of street lights, public taps,
public wells and public toilets to the Ward Committee.
(6) A Ward Sabha shall have the following rights,
namely:-
(i) to get information from the officials concerned as to
the services they would render and the works proposed to
be executed in the Ward in the following three months;
(ii) to be informed by the Ward Committee about every
decision taken by it concerning the jurisdiction of the Ward;
26 [Act No. 6 of 1965]
(iii) to be informed by the Ward Committee of the
follow-up action taken on the decisions concerning the
jurisdiction of the Ward;
(iv) to co-operate with the Ward Committee in the
provision of sanitation arrangements in the ward; and
(v) to impart awareness on matters of public interest
such as cleanliness, preservation of environment and
prevention of polIution.]
6. The council constituted under section 5 shall, by the
name of the municipality, be a body corporate, shall have
perpetual succession and a common seal and subject to
any restriction or qualification imposed by this Act or any
other law shall be vested with the capacity of suing or being
sued in its corporate name, acquiring, holding and
transferring property, entering into contracts and doing all
things necessary for the purposes of this Act.
7. (1) Notwithstanding any other provision in this Act,
where a municipality is constituted for the first time, the
Government may appoint a Special Officer to exercise the
powers, discharge, the duties and perform the functions of
the council, 39[its Chairperson, its Wards Committees] 40[its
Committees referred to in sections 43 and 74], and *[the
Commissioner].
(2) The Special Officer shall cause arrangements for
election to be made so that 41[the Chairman/Chairperson
and the elected members] 42[XXX] may come into office on
such date as may be specified by the Government by an
order made in this behalf:
39. Substituted by Act No.17 of 1994.
40. Inserted by Act No.33 of 1976.
41. Substituted by Act No.33 of 1986.
42. Omitted by Act No.22 of 1981.
Incorporation of
Council.
Special provision
in the case of
newly constituted
and reconstituted
councils.
[Act No. 6 of 1965] 27
Provided that the Government may, from time to time,
postpone the date 43[within a period of two years] so
specified if, for any reason, the elections cannot be
completed before such date.
44[(2-A) Notwithstanding anything contained in this Act,
every Special Officer appointed under sub-section (1) read
with sub-section (6) to any municipality in the State, shall
cause arrangements for election to be made to that
municipality so that the elected #[members] and the
Chairperson thereof may come into office on such date as
may be specified by the Government by an order made in
this behalf.]
45[(3) The Special Officer shall exercise the powers,
discharge the duties and perform the functions of the
council until the elected #[members] come into office, 46[of
the Chairperson until a Chairperson is elected, of the Wards
Committees until the Wards Committees are constituted],
47[of the committees referred to in sections 43 and 74 until
committees thereof have been constituted] and of the
Commissioner until a Commissioner has been appointed, as
the case may be;] elected 48[and comes into office] and of a
*[Commissioner] has been appointed, as the case may be.
49[(4) [xxx]]
43. Substituted by Act No.19 of 2002.
44. Sub-section (2-A) of section 7 inserted by Act No.16 of 1973, and
finally substituted by Act No.33 of 1986.
# Throughout the Act for the words ―Councillor‖ and ―Councillors‖
wherever they occur the words ―Member‖ and ―Members‖ substituted
by Act No.17 of 1994.
45. Substituted by Act No.5 of 1971.
46. Substituted by Act No.17 of 1994.
47. Inserted by Act No.33 of 1976.
48. Substituted by Act No.33 of 1986. (for ―by the Council‖).
49. Omitted by Act No.33 of 1986.
28 [Act No. 6 of 1965]
50[(5) [xxx]]
(6) The provisions of sub-sections (1) to (5) shall so far
as may be, apply to all cases of reconstitution of councils,
unless other-wise provided in this Act.
(7) Where the number of seats on a council is
increased by or in consequence of a notification under sub-
section (1) of section 5, the #[Members] elected for the
additional seats or the #[Members] elected in their places at
casual vacancies shall hold office until the date on which the
#[Members] elected to the original seats at the ordinary
elections immediately preceding will vacate office.
51[8. (1) In every municipality out of the total strength of
elected members determined under section 5, the
Government 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 them,
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 Municipal Council, as the population of the
Scheduled Castes, or as the case may be, of the Scheduled
Tribes in that Municipality bears to the total population of
that Municipality; and such seats may be alloted by rotation
to different Wards in a Municipality;
(b) One third of the total number of seats to the
Backward Classes and such seats may be allotted by
rotation to different Wards in the Municipality;
50. Omitted by Act No.28 of 2005.
51. Substituted by Act No.17 of 1994.
Reservation of
seats.
[Act No. 6 of 1965] 29
(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 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 the direct election to
every Municipal Council, for women and such seats may be
allotted by rotation to different Wards in a Municipality.
Explanation-I:- In this section the expression
―Scheduled Castes, Scheduled Tribes‖ shall have the
meanings respectively assigned to them in the Clause (24)
and Clause (25) of Article 366 of the Constitution of India.
52[Explanation-II:- In this section, the expression
―Backward classes‖ means any socially and educationally
Backward classes of citizens recognised by the Government
for the purpose of clause (4) of article 15 of the Constitution
of India without reference to the classification but including
the creamy layer amongst such Backward classes of
citizens.]
(2) Nothing in sub-section (1) 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 Municipality.]
53[9. The provisions of sections 8 and 23 relating to the
reservation of office of members or the Chairperson for the
Scheduled Castes and Scheduled Tribes 54[shall cease to
52. Added by Act No.7 of 2012.
53. Inserted by Act No.22 of 1990.
54. Substituted by Act No.13 of 2000.
Reservation of
Office of
#[members] and
chairperson to
cease after certain
date.
30 [Act No. 6 of 1965]
have effect on the expiration of the period specified in Article
334 of the Constitution of India.]]
10. (1) For the purpose of election of members to a
council, the Government may, after consulting the council,
by notification in the 55Telangana Gazette,-
56[(a) divide the municipality into as many as single
member wards as the number of members notified under
section 5.]
57[xxx]
(b) determine the wards in which the seats, if any,
reserved under sub-section (1) of section 8 shall be set
apart; and
(c) declare for whom such seats are reserved.
(2) 58[xxx]
(3) All the electors of a ward shall be entitled to vote at
an election to any seat in that ward whether reserved or not.
59[(3-A) Where a notification issued under sub-section
(1) results in the material alteration of the existing division of
a municipality into wards, the Government may direct that
the alteration shall take effect from the date of next ordinary
elections.
55. Substituted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
56. Substituted by Act No.4 of 1993.
57. Two Provisos omitted by Act No.7 of 1968.
58. Sub-section (2) of section 10 omitted by Act No.33 of 1986.
59. Sub-sections (3-A) and (3-B) of section 10 inserted by Act No.7 of
1968.
Division of
municipalities into
wards, etc., for the
purpose of
election of
members.
[Act No. 6 of 1965] 31
(3-B) Where any local area within the jurisdiction of any
other local authority is included in a Municipality under
section 3, the local area shall be added to such adjoining
ward or wards of the municipality, as the Government may
direct.]
(4) 60[When a new ward is formed] or when an existing
ward is abolished, the election authority shall, with the
approval of the Government, determine—
(a) the ward which each elected #[Member] then on
the council shall be deemed to represent; and
(b) the ward or wards in which elections shall be held
to fill the vacancies, if any, in the council.
61[10-A. The preparation of electoral rolls for, and the
conduct of elections to, all municipalities in the State shall
be under the superintendence, direction and control of the
State Election Commission.]
62[10-B. (1) All elections to the Municipalities shall be held
under the supervision and control of the State Election
Commission and for this purpose it shall have power to give
such directions as it may deem necessary to the
Commissioner and Director of Municipal Administration,
District Collector or any officer or servant of the Government
and the Municipalities so as to ensure efficient conduct of
the elections under this Act.
(2) The preparation of electoral rolls for the conduct of
all elections under the Act shall be done under the
supervision and control of the State Election Commission.
60. Substituted by Act No.33 of 1986.
61. Inserted by Act No.17 of 1994.
62. Inserted by Act No.28 of 2005.
Powers and
functions of the
State Election
Commission.
State Election
Commission.
32 [Act No. 6 of 1965]
(3) For the purposes of this section the Government
shall provide the State Election Commission with such staff
as may be necessary.
(4) On the request of the State Election Commission,
the State Government shall place at the disposal of the
Commission such staff of the State Government,
Municipalities for the purpose of conduct of elections under
this Act.
(5) The State Election Commissioner may, subject to
control and revision, delegate his powers to such officers as
he may deem necessary.]
63[(6) The State Election Commission shall issue the
notification and schedule for general election and elections
for casual vacancies in all municipalities in concurrence with
the State Government, which while giving concurrence has
to consider matters pertaining to Law and Order situation,
internal security, availability of police, security personnel,
home guards, central armed police forces and the logistics
of their deployment, availability of staff for election related
duties, availability and procurement of election related
material and premises for polling and counting, conduct of
elections to other legislative and statutory bodies, natural
calamities and seasonal conditions including drinking water
situation and agricultural season, major fairs and festivals,
education calendar and examination in schools and
colleges, onset of any epidemic diseases, operations
relating to collection of vital statistics like census or any
other enumeration and matters involving public interest and
any other administrative exigencies.]
63. Inserted by Act No.4 of 2018.
[Act No. 6 of 1965] 33
64[11. (1) The electoral roll for a municipality shall be
prepared and published by the person authorised by the
State Election Commissioner in such manner by reference
to such qualifying date as may be prescribed and the
electoral roll for a municipality shall come into force
immediately upon its publication in accordance with the
rules made by the Government in this behalf. The electoral
roll for a municipality shall consisit 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 a municipality or any portion thereof:
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, upto the date of
election notification, for any election held under this Act,
shall be carried out in the electoral roll of the municipality
and any such names included shall be added to the part
relating to the concerned ward.
Explanatlon:- Where in the case of any Assembly
Constituency there is no distinct part of the electoral roll
relating to the municipality, all persons whose names are
entered in such roll under the registration area comprising
the municipality and whose addresses as entered are
situated in the municipality shall be entitled to be included in
the electoral roll for the municipality prepared, for the
purposes of this Act.
(2) The electoral roll for a municipality,-
64. Section 11 substituted by Act No.34 of 2001.
Preparation and
publication of
electoral roll for a
municipality.
Central Act 43 of 1950.
34 [Act No. 6 of 1965]
(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 Chairperson or Member of
Municipality; 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) When a municipality has been divided into Wards,
the Electoral Roll for the Municipality shall be divided into
separate lists for each wards.
(4) Where after the electoral roll for a municipality or
any alteration thereto have been published under
sub-section (2), the Municipality is divided into wards for the
first time or the division of the Municipality into wards is
altered or the limits of the Municipality are varied, the person
authorised by the State Election Commission in this behalf
shall, as soon as may be after such division or alteration or
variation, as the case may be, in order to give effect to the
division of the Municipality into wards or to the aIteration of
the variation of the limits, as the case may be, authorise a
rearrangement and republication of the electoral roll for the
Municipality or any part of such roll, in such manner as the
State Election Commission may direct.
(5) The electoral roll published under sub-section (1) or
as the case may be under sub-section (4) shall be the
[Act No. 6 of 1965] 35
electoral roll for the municipality and it shall remain in force
till a fresh electoral roll for the municipality is published
under this section.
(6) Every person whose name appears in that 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.
(7) 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 65Telangana Legislative
Assembly.]
66[12. With a view to preventing impersonation of electors,
provision may be made by rules made under this Act, for the
production before the Presiding Officer or Poling Officer of a
Polling Station by every such elector, of his identity card
before the delivery of a ballot paper or ballot papers to him,
if under the rules made in that behalf under the Registration
of Electors Rules, 1960 made under the Representation of
the People Act, 1950, electors of the Legislative Assembly
Constituency or Constituencies in which the Municipality is
situated, have been supplied with identity cards with or
without their respective photographs attached thereto.]
65. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
66. Section 12 inserted by Act No.28 of 2005.
Voter Identity
Cards.
Central Act 43 of 1950.
36 [Act No. 6 of 1965]
13. A person shall be qualified for election as #[Member]
only if his name appears on the electoral roll for the
municipality 67[and if he is not less than twenty-one years of
age.]
68[13-A. A person shall be disqualified for being chosen as,
or for being a member of a Municipality if he is disqualified
by or under any law for the time being in force for the
purpose of elections to the Legislature of the State
concerned:
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.
13-B. 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 Municipal Laws
(Second Amendment) Act, 1994 (hereinafter in this section
referred to as the date of such commencment) of an
additional child 69[or children] shall not be taken into
conideration for the purposes of this section:
Provided further that a person having more than two
children (excluding the child 69[or children] if any born within
one year from the date of such commencement) shall not be
disqualified under this section for so long as the number of
children he had on the date of such commencement does
not increase:
67. Added by Act No.18 of 1978.
68. Inserted by Act No.17 of 1994.
69. Inserted by Act No.15 of 2011.
General Dis-
qualification.
Persons having
more than two
children to be
disqualified.
Qualification of
candidates.
[Act No. 6 of 1965] 37
70[Provided also that where a person is having one
child through first delivery and more than one child are born
in the subsequent delivery, such person shall not incur
disqulification under this section.]
Provided also that the Government may direct that the
disqualificaton in this section shall not apply in respect of
person for reasons to be recorded in writing.]
14. A person holding an office of profit under a
municipality, the Central Government or the State
Government shall be disqualified for election or for holding
office as #[Member]:
Provided that a person shall not be deemed to hold an
office of profit under a municipality by reason only that he is
a $[chairman/chairperson]; or #[Member] of a municipality in
the State:
Provided further that a village officer who is not actually
performing the functions or discharging the duties as such
officer shall not be so disqualified.
15. (1) A person who has been sentenced by a criminal
court—
(a) to imprisonment for an offence under the
71Protection of Civil Rights Act, 1955;
(b) 72[xxx] for any offence other than an offence of
political character or any offence not involving moral
delinquency, such sentence not having been suspended,
reversed or the offence pardoned,
70. Inserted by Act No.15 of 2011.
71. Substituted by Act No.28 of 2005.
72. Omitted by Act No.1 of 1995.
Disqualification for
election or
holding office as a
#[Member].
Other
disqualifications
of candidates.
Central Act 22 of 1955.
38 [Act No. 6 of 1965]
shall be disqualified for election as a #[Member] while
undergoing the sentence and for five years from the date of
the expiration thereof.
(2) A person shall be disqualified for election as a
#[Member] if such person is, on the date fixed for scrutiny of
nomination for election—
(a) of unsound mind and stands so declared by a
competent court, a deaf-mute or suffering from leprosy;
(b) an applicant to be adjudicated an insolvent or
undischarged insolvent;
(c) interested in a subsisting lease or contract
entered into with or any work being done for, the council
except as a share-holder, other than a director, in a
company:
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) any sale or purchase of immovable property or
any agreement for the same; or
(ii) any public loan raised by municipality or any
security for the payment of money only; or
(iii) any newspaper in which any advertisement
relating to the affairs of the council is inserted; or
(iv) the sale to the council of any articles in which he
regularly trades, or the purchase from the council of any
articles to a value in either case not exceeding five hundred
rupees in the aggregate in any year during the period of the
contract or work;
[Act No. 6 of 1965] 39
(v) the occasional letting out on hire to the
municipality or hiring from the municipality of any article for
an amount not exceeding the aggregate in any one year five
hundred rupees;
(d) employed as a paid legal practitioner on behalf of
the council or as a legal practitioner against the council;
(e) an honorary magistrate for the municipal town;
73[(ee) already a member or Sarpanch of a Gram
Panchayat or a member of a Mandal Praja Parishad or Zilla
Praja Parishad constituted under the provisions of the
74Telangana Panchayat Raj Act, 1994 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 75Telangana;]
(f) already a #[Member] whose term of office as such
will not expire before his fresh election can take effect; or
has already been elected a #[Member] whose term of office
has not yet commenced;
76[Explanation.— Nothing in this clause shall be
construed as disqualifying a sitting #[Member] of a
municipality for re-election as #[Member] to that
municipality.]
(g) the employee or employer or the official
subordinate or official superior of a #[Member] holding office
on the said date;
73. Inserted by Act No.5 of 2008.
74. Adapted by G.O.Ms.No.9, PR & RD (Mandal) Department, dated
12.09.2014 and also see for relevant provision in Act No.5 of 2018.
75. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
76. Inserted by Act No.5 of 1971.
40 [Act No. 6 of 1965]
(h) In arrears of any kind due by him otherwise than
in a fiduciary capacity to the municipality up to 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; or
(i) dismissed from service of the Central Government,
the State Government, any municipality or any local
authority for misconduct.
77[15A. Any person who is convicted of any offence
punishable under Chapter IX-A of the Indian Penal Code,
1860, or any person against whom a finding of having
indulged in any corrupt practice is recorded in the verdict in
an election petition filed under this Act or any person
convicted of an offence punishable under Chapter III of Part
VI 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.
15B. If the State Election Commission is satisfied that a
person,-
(a) has failed to lodge an account of election expenses
within the time limit prescribed 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
78Telangana Gazette, declare him,-
77. Sections 15A and 15B inserted by Act No.28 of 2005.
78. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Disqualification on
ground of corrupt
practice or
election offences.
Central Act 45 of 1860.
Disqualification for
failure to lodge
account of
election
expenses.
[Act No. 6 of 1965] 41
(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.]
16. (1) Subject to the provisions of section 17, a
#[Member] shall cease to hold his office, if he-
(a) is sentenced by a criminal court to such
punishment and for such offence as is described in sub-
section (1) of section 15;
79[(aa) is elected to a Ward/Office reserved for
Scheduled Castes or Shceduled Tribes or Backward
Classes, and subsequently the community certificate on the
basis of which he is elected is cancelled, under section 5 of
the 80Telangana (Scheduled Castes, Scheduled Tribes and
Backward Classes) Regulation of issue of Community
Certificates Act, 1993;]
(b) become of unsound mind and stands so declared
by a competent court;
(c) is a deaf-mute or is suffering from leprosy;
(d) applies to be adjudicated or is adjudicated an
insolvent;
(e) subject to the proviso to clause (c) of sub-section
(2) of section 15, acquires any interest in any subsisting
contract made with, or work being done for, the council
79. Inserted by Act No.28 of 2005.
80. Adapted by G.O.Ms.No.5, Scheduled Castes Development (POA.A2)
Department, dated 08.08.2014.
Disqualification of
#[Members].
Act No.16 of 1993.
42 [Act No. 6 of 1965]
except as a share-holder, other than a director, in a
company;
(f) is employed as a paid legal practitioner on behalf
of the council or as legal practitioner against the council;
(g) is appointed as an officer or servant under this Act
or as an honorary magistrate for the municipal town;
(h) accepts employment under or becomes the
official subordinate of any other #[Member];
(i) ceases to reside for a period of more than six
months in the municipality or within two kilometers from the
outer limits thereof;
(j) fails to pay arrears of any kind due by him,
otherwise than in a fiduciary capacity, to the municipality
within three months after a bill or notice has been served
upon him under this Act, or where, in the case of any
arrears, this Act does not require the service of any bill or
notice, within three months after a notice requiring payment
of the arrears, which notice it shall be the duty of the
*[Commissioner] to serve at the earliest possible date, has
been duly served upon him by the *[Commissioner].
(k) absents himself from the meetings of the council
for a period of three consecutive months 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 (3), 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 two months at a time shall be
[Act No. 6 of 1965] 43
excluded in reckoning the period of absence aforesaid if for
reasons of physical disability due to advanced stage of
pregnancy and of delivery, such #[Member] absents herself
from meetings of the council after giving a written intimation
to the *[Commissioner] 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 notice of that meeting was not duly
served on him:
Provided also that nothing in this clause shall apply to
an ex-officio #[Member].
Explanation—For the purpose of this clause,—
(i) ‗ordinary meeting‘ shall mean a meeting referred to
in sub-rule (1) of rule 2 in Schedule I.
(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.
(2) Where a person ceases to be a #[Member] under
clause (a) of sub-section (1) or under section 19, he shall be
restored to office for such portion of the period for which he
was elected as may remain un-expired at the date of such
restoration, if and when the sentence or order is annulled on
appeal or revision and any person elected to fill the vacancy
in the interim shall on such restoration, vacate office.
(3) Where a person ceases to be a #[Member] under
clause (k) of sub-section (1), the *[Commissioner] shall at
once intimate the fact in writing to such person and report
the same to the council at its next meeting. If such person
44 [Act No. 6 of 1965]
applies for restoration to the council or before the date of its
next meeting or within fifteen days of the receipt by him of
such intimation, the council may, at the meeting next after
the receipt of such application, or suo motu restore him to
the office of #[Member]:
81[xxx]
82[Provided 83[xxx] that] a #[Member] shall not be so
restored more than thrice during his term of office.
84[16A, 16B & 16C. [xxx]]
17. (1) Where an allegation is made by any voter or
authority to the *[Commissioner] in writing that any person
who is elected as a councilor has not qualified or has
become disqualified under 85[section 13, section 13-A and
section 13-B] section 14, section 15, section 16 or section
19 and the *[Commissioner] has given intimation of such
allegation to the #[Member] and such #[Member] disputes
the correctness of the allegation so made or where any
#[Member] himself entertains any doubt whether or not he
has become disqualified under any of those sections,
86[xxx].
87[(a) such #[Member] or any other #[Member] may,
within a period of two months from the date on which such
intimation is given or doubt is entertained, as the case may
be, and
81. Proviso to sub-section (3) inserted by Act No.29 of 1978, omitted by
Act No.22 of 1981.
82. Substituted by Act No.29 of 1978.
83. Omitted by Act No.22 of 1981.
84.Sections 16A, 16B and 16C inserted by Act No.9 of 1987 and omitted
by Act No.17 of 1990.
85. Substituted by Act No.17 of 1994.
86. Omitted by Act No.5 of 1971.
87. Substituted by Act No.5 of 1971.
District Judge to
decide questions
of
disqualifications
of #[Members].
[Act No. 6 of 1965] 45
(b) the Commissioner shall, either on the direction of
the council or with the approval of the Government if no
such direction is given within a period of two months from
the date of placing of the matter by the Commissioner
before the council,
apply for a decision to the District Judge of the district in
which the municipality is situated.]
88[(1A) [xxx]]
(2) The said Judge, after making such inquiry as he
deems necessary, shall determine whether or not such
person is disqualified and his decision shall be final.
(3) Pending such decision, the #[Member] shall be
entitled to act as if he was not disqualified.
89[18. [xxx]]
89[19. [xxx]]
90[20. (1) (a) The term of office of elected #[Members] shall,
save as otherwise expressly provided in this Act, be five
years from the date appointed by the election authority for
the first meeting of the Council:
91[xxx]
88. Sub-section (1A) of section 17 inserted by Act No.9 of 1987 and
omitted by Act No.17 of 1990.
89. The heading ―Election Offences‖ and sections 18 and 19 omitted by
Act No.28 of 2005.
90. Section 20 substituted by Act No.33 of 1986.
91. Proviso to clause (a) of sub-section (1) of section 20 omitted by Act
No.18 of 1992.
Term of office of
#[Members] and
filling of seats.
46 [Act No. 6 of 1965]
(b) An Ex-officio Councillor shall hold office so long
as he conitinues to be the Member of the Legislative
Assembly of the State or as the case may be, of the House
of the people.
92[(2) Ordinary vacancies in the office of the members
shall be filled at ordinary elections which shall be completed
before the expiry of the term of office of the members;]
(3) A #[Member] elected at an ordinary election held
after the occurrence of a vacancy shall enter upon office
forthwith but shall hold office only as long as he would have
been entitled to hold office if he had been elected before the
occurrence of the vacancy;
93[(4) [xxx]]
94[21. (1) Every casual vacancy in the office of an elected
member of a municipality shall be reported by the
Commissioner to the State Election Commission within
fifteen days from the date of occurrence of such vacancy
and shall be filled within four months from that date.
(2) 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.
(3) No casual election shall be held to a municipality
within six months before the date on which the term of office
of its members expires by efflux of time.]
92. Substituted by Act No.17 of 1994.
93. Sub-section (4) of section 20 omitted by Act No.28 of 2005.
94. Substituted by Act No.28 of 2005.
Casual vacancies
of members.
[Act No. 6 of 1965] 47
95[21-A. Notwithstanding anything in this Act, or the rules
made thereunder, 96[it shall be lawful for the State Election
Commission] to postpone, from time to time by general or
special order, and for reasons specified therein, any election
to fill a casual vacancy in the office of a $[chairman/
chairperson] or a #[Member] of a municipality:
Provided that the total period of such postponement
shall in no case exceed one year;]
22. (1) If at an ordinary or casual election held under
section 20 or section 21, no #[Member] is elected, a fresh
election shall be held on such day as the election authority
may fix.
(2) The term of office of a #[Member] 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.
(b) $[chairman/chairperson].
97[23. (1) The elected members referred to in clause (i) as
well as ex-officio members referred to in 98[clauses (ii) to
(iv-a)] of sub-section (2) of section 5 of this Act, shall elect
one of its elected Members to be its Chairperson and
another to be its Vice-Chairperson at the first meeting of the
Council after the oridinary elections by show of hands on
party basis duly obeying the party whip given by such
functionary of the recognised political party, in the manner
prescribed. At an election held for that purpose, if
Chairperson or Vice-Chairperson is not elected, fresh
election shall be held on the next day. The names of the
95. Inserted by Act No.33 of 1986.
96. Substituted by Act No.28 of 2005.
97. Substituted (for sections 23 and 25) by Act No.29 of 2005.
98. Substituted by Act No.5 of 2008.
Postponement of
casual elections
to the office of
#[Members] and
Chairman.
Procedure when
no #[Member] is
elected.
Election of
Chairperson and
Vice-Chairperson.
48 [Act No. 6 of 1965]
Chairperson or Vice-Chairperson so elected shall be
published in the prescribed manner. Any casual vacancy in
the said offices shall be filled, in the same manner at a
casual election and a person elected as Chairperson or
Vice-Chairperson in any such vacancy shall enter upon
office forthwith and 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:
Provided that a member voting under this sub-section
in disobedience of the party whip shall cease to hold office
99[in the manner prescribed] and the vacancy caused by
such cessation shall be filled as a casual vacancy.
(2) The Chairperson or Vice-Chairperson as the case
may be shall be deemed to have assumed office on his
being declared as such and shall hold office in accordance
with the provisions of this Act and as long as he continues
to be an elected member, unless resigned or removed from
such office by no-confidence motion or for any other reason
in accordance with the provisions of the Act.]
100[101[23-A. Where a member ceased to hold office for
disobedience of the party whip, he may apply to the District
Court having jurisdiction over the area in which the office of
Municipality is situated for a decision.]
102[24. Out of the total number of offices of Chairpersons in
the State, the Government shall, subject to such rules as
may be prescribed, reserve-
(i) such number of offices to the Scheduled Castes and
Scheduled Tribes as may be determined subject to the
99. Substituted by Act No.5 of 2008.
100. Substituted by Act No.29 of 1978.
101. Inserted by Act No.5 of 2008.
102. Inserted by Act No.16 of 2009.
Resolution of
disputes relating
to cessation for
disobedience of
party whip.
Reservation of
offices of
Chairpersons.
[Act No. 6 of 1965] 49
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 Scheduled Tribes, as the case
may be, in the Municipalities of the State bears to the total
population of the Municipalities in the State and such offices
may be alloted by rotation to different municipalities in the
State;
(ii) one-third of the offices to the Backward Classes and
such offices may be alloted by rotation to the different
Municipalities in the State;
(iii) not less than one-third of the total number of offices
reserved under clauses (i) and (ii) above for women
belonging to the Scheduled Castes and Scheduled Tribes,
or as the case may be, Backward Classes; and
(iv) not less than one-third (including the number of
offices reserved for women belonging to Scheduled Castes
and 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
Municipalities in the State.]
103[25. [XXX]]
26. The $[chairman/chairperson] shall cease to hold office
as such on his becoming disqualified for holding the office
or on his removal from office or on the expiry of his term or
on his otherwise ceasing to be a $[chiarman/chairperson]
and the vice-chairman shall cease to hold office as such on
the expiry of his term of office as a #[Member], or on his
otherwise ceasing to be a #[Member].
103. Sections 23 & 25 substituted by section 23 by Act No.29 of 2005.
Cessation of
Office of
$[Chairman/
Chairperson] and
Vice-Chairman.
50 [Act No. 6 of 1965]
26-A. (1) Where the office of the $[chairman/chairperson]
falls vacant, the vice-chairman shall perform the functions of
the $[chairman/chairperson] until a new $[chairman/
chairperson] is elected. Immediately on the occurrence of
such vacancy, the Commissioner shall intimate the fact to
the election authority and the election authority shall arrange
for the election of the $[chairman/chairperson].
(2) Where the office of the $[chairman/chairperson] is
vacant and there is either a vacancy in the office of the vice-
chairman or the vice-chairman has been continuously
absent from jurisdiction for more than fifteen days or is
incapacitated for more than fifteen days, the District
Collector, in the case of a special or selection grade
municipality, or the Revenue Divisional Officer, in the case of
any other municipality, shall, notwithstanding anything in
this Act or in the rules and notifications issued thereunder,
exercise the powers and perform the functions of the
$[chairman/chairperson] until a new $[chairman/chairperson]
or vice-chairman is elected, or the vice-chairman returns to
jurisdiction or recovers from incapacity.]
27. All elections of #[Members], $[chairman/chairperson]
and vice-chairman shall, as soon as may be notified in the
prescribed manner.
104[28. (1) If it appears to the Government that in connection
with any election held under this Act,
(a) any premises are needed or are likely to be
needed for the purpose of being used as a polling station or
for the storage of ballot boxes after a poll has been taken, or
104. Section 28 omitted by Act 5 of 1971. Sections 28, 28-A, 28-B, 28-C,
28-D inserted by Act No.22 of 1981.
Procedure when
office of
$[chairman/
chairperson] is
vacant.
Requisitioning of
premises and
vehicles for
election purposes.
Notification of
elections.
[Act No. 6 of 1965] 51
(b) any vehicle is needed or is likely to be needed for
the purpose of transport of personnel or ballot boxes to or
from any polling station, or transport of members of the
police force for maintaining order during the conduct of
such elelction, or transport of any officer, other person for
performance of any duties in connection with such election,
the Government may, by order in writing, requisition such
permises or such vehicle, as the case may be, and may
make such further orders, as may appear to them to be
necessary or expedient, in connection with the
requistioning:
Provided that no vehicle which is being lawfully used
by a candidate or his agent for any purpose connected with
the election of such candidate shall be requisitioned under
this sub-section until the completion of the poll at such
election.
(2) The requisition shall be effected by an order in
writing addressed to the person deemed by the Government
to be the owner or person in possession of the property,
and such order shall be served in the prescribed manner on
the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-
section (1), the period of such requisition shall not extend
beyond the period for which such property is required for
any of the purposes mentioned in that sub-section.
Explanation:- For the purpose of this section,
‗premises‘ means any land, building or part of a building
and include a hut, shed or other structure or any part
thereof; and ‗vehicle‘ means any vehicle used or capable of
being used, for the purpose of road transport, whether
propelled by mechanical power or otherwise.
52 [Act No. 6 of 1965]
28-A. (1) Whenever in pursuance of section 28, the
Government requisition any premises, there shall be paid to
the person interested compensation the amount of which
shall be determined by taking into consideration the
following, namely:-
(i) the rent payable in respect of the premises or if no
rent is so payable, the rent payable for similar premises in
the locality;
(ii) if in consequence of the requisition of the
premises, the person interested is compelled to change his
residence or place of business, the reasonable expenses, if
any, incidental to such change:
Provided that where any person interested, being
aggrieved by the amount of compensation so determined,
makes an application within the prescribed time to the
Government for referring the matter to an arbitrator the
amount of compensation to be paid shall be such as the
arbitrator appointed in this behalf by the Government may
determine:
Provided further that where there is any dispute as to
the title to receive the compensation or as to the
apportionment of the amount of compensation, it shall be
referred by the Government to an arbitrator appointed in this
behalf by the Government for determination, and shall be
determined in accordance with the decision of such
arbitrator.
Explanation:- In this sub-section, the expression
‗Person interested‘ means the person who was in actual
posession of the premises requisitioned under section 28
immediately before the requisition, or where no person was
in such actual possession, the owner of such premises.
Payment of
Compensation.
[Act No. 6 of 1965] 53
(2) Whenever in pursuance of section 28, the
Government requisition any vehicle, there shall be paid to
the owner thereof compensation, the amount of which shall
be determined by the Government on the basis of the fares
or rates prevailing in the locality for the hire of such vehicle:
Provided that where the owner of such vehicle, being
aggrieved by the amount of compensation so determined,
makes an application within the prescribed time to the
Government for referring the matter to an arbitrator, the
amount of compensation to be paid shall be such as the
arbitrator appointed in this behalf by the Government may
determine:
Provided further that where immediately before the
requisitioning, the vehicle was, by virtue of a hire purchase
agreement, in the possession of a person, other than the
owner, the amount determined under this sub-section as the
total compensation payable in respect of the requisition
shall be apportioned between that person and the owner in
such manner as they may agree upon, and in default of
agreement, in such manner as an arbitrator appointed by
the Government in this behalf may decide.
28-B. The Government may, with a view to requisitioning
any property under section 28 or determining the
compensation payable under section 28A, by order, require
any person to furnish to such authority as may be specified
in the order, such information in his possession relating to
such property as may be so specified.
28-C. (1) Any person remaining in possession of any
requisitioned premises in contravention of any order made
under section 28 may be summarily evicted from the
premises by any officer empowered by the Government in
this behalf.
Power to obtain
information.
Eviction from
requisitioned
premises.
54 [Act No. 6 of 1965]
(2) Any officer so empowered may, after giving to any
woman not appearing in public, reasonable warning and
facility to withdraw, remove or open any lock, bolt or break
open any door of any building or do any other act necessary
for effecting such eviction.
28-D. If any person contravences any order made under
section 28 or section 28B, he shall be punishable with
imprisonment for a term which may extend to one year or
with fine or with both.]
105[28-E. Notwithstanding anything contained in this Act or
the rules made thereunder, the giving and recording of
votes by voting machines in such manner as may be
prescribed, may be adopted in such ward or wards as the
State Election Commission may, having regard to the
circumstances of each case, specify.
Explanation:- For the purpose of this section, ‗Voting
machine‘ means any machine or apparatus whether
operated electronically or otherwise used for giving or
recording of votes and any reference to a ballot box or ballot
paper in this Act or the rules made thereunder shall, save as
otherwise provided, be construed as including a reference
to such voting machine wherever such voting machine is
used at any election.]
106[(c) Commissioner]
29. (1) The Government shall appoint a 106[Commissioner
for a municipality who shall be the executive authority of that
municipality:]
105. Inserted by Act No.11 of 2001.
106. Substituted by Act No.5 of 1971.
Appointment of
*[Commissioner].
Voting machines
at elections.
Penalty for
contravention of
any order
regarding
requisitioning.
[Act No. 6 of 1965] 55
Provided that a person holding office as commissioner
or executive officer, as the case may be, of a municipality
immediately before the commencement of this Act, shall be
deemed to have been appointed by the Government as
*[Commissioner] under this sub-section.
(2) In the case of any municipality where it is
considered necessary to do so, the Government may also
appoint a *[Deputy Commissioner] to assist the
*[Commissioner].
(3) The classification and methods, recruitment,
conditions of service including pay, allowances and
disciplinary conduct of the officers appointed under sub-
sections (1) and (2) shall be subject to the rules made under
section 72:
Provided that the conditions of service, including pay
and allowances of a person holding office as commissioner
or executive officer, as the case may be, of a municipality
immediately before the commencement of this Act shall not
be varied to his disadvantage.
(4) 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 provident-cum-pension fund of the officers
appointed under sub-section (1) or sub-section (2), as the
case may be.
(5) The withdrawal of any officer appointed under sub-
section (1) or sub-section (2) from any municipality shall be
governed by the provisions of sub-section (2) of section 72.
56 [Act No. 6 of 1965]
CHAPTER - III.
POWERS AND FUNCTIONS OF THE MUNICIPAL
AUTHORITIES.
(a) The Council.
30. Subject to the provisions of this Act, the municipal
administration shall vest in the council, and for this purpose
the council shall exercise such powers and perform such
functions as may be conferred upon it by or under this Act:
Provided that the council shall not be entitled to
exercise the powers or to perform the functions which are
expressly assigned by or under this Act or any other law to
the $[chairman/chairperson], 107[xxx] or the Commissioner.
108[30-A. The Council shall also exercise the following
powers and functions, namely:-
(1) Planning for economic and social development;
(2) Urban forestry, Protection of the environment and
promotion of ecological aspects;
(3) Safeguarding the interests of weaker sections of
society including the disabled and mentally retarded;
(4) Promotion of cultural, educational and aesthetic
aspects;
(5) Slum improvement and upgradation;
(6) Urban poverty alleviation.]
107. Omitted by Act No.5 of 1971.
108. Added by Act No.7 of 2008.
Vesting of
municipal
administration in
the council.
Performance of
functions by the
Council.
[Act No. 6 of 1965] 57
31. The council may, at any time, require the
$[chairman/chairperson] to produce any document which is
in his custody. The $[chairman/chairperson] shall comply
with every such requisition unless in his opinion compliance
therewith would be prejudicial to the interests of the council
or of the public, in which case he shall make a declaration in
writing to that effect.
109[31-A. (1) A Council may constitute committees or may
appoint individual #[Members] to enquire into and report or
advice on any matters which it may refer to them and such
committees or individuals shall have power to call for such
records as are deemed necessary for examining the matters
referred to them. 110[In particular, the council may constitute
committees, consisting of the $[chairman/chairperson], the
commissioner and not less than three but not more than
seven #[Members], chosen in this behalf by the council
111[xxx] in respect of matters pertaining to formulation,
review and general superintendence of development
programmes relating to education, health, sanitation, water
supply, drainage and welfare of the Scheduled Castes,
Scheduled Tribes, Backward Classes, women and children.]
(2) It shall be lawful for the council, from time to time,
by a resolution supported by not less than one-half of the
sanctioned strength of the council to appoint as members of
any committee any persons who are not #[Members] but
who may in the opinion of such council possess special
qualifications for serving on such committee. But the
number of persons so appointed on any committee shall not
exceed one-third of the total number of members of such
committee. All the provisions of this Act relating to the
powers, duties, liabilities and disqualifications and
disabilities of #[Members] shall, save as regards the
109. Section 31-A inserted by Act No.5 of 1971.
110. Added by Act No.29 of 1978.
111. Omitted by Act No.5 of 1982.
Council‘s power
to call for records.
Appointment of
Committees.
58 [Act No. 6 of 1965]
disqualification on the ground of residence, be applicable,
so far as may be, to such persons.]
112[(3) The term of the members of the committees
constituted under sub-section (1), and of those constituted
under sections 43 and 74, shall be one year and the retiring
members shall be eligible for re-appointment or re-election,
as the case may be, to such committees.]
32. The council shall observe the rules in Schedule I and
may make regulations not inconsistent therewith or with
other provisions of this Act or any rules made by the
Government in regard to the following matters, namely:—
(a) the time and place of its meetings;
(b) the manner in which notice thereof shall be given;
(c) the preservation of order and the conduct of
proceedings at meetings, and the powers which the
$[chairman/chairperson] may exercise for the purpose of
enforcing his decisions on points of order;
113[(d) the transaction of business by any committee
constituted under section 31-A;]
(e) the persons by whom receipts may be granted for
money paid to the council; and
(f) all other similar matters.
112. Sub-section (3) of section 31-A inserted by Act No.29 of 1978.
113. Substituted by Act No.5 of 1971.
Rules and
regulations for
proceedings of
council.
[Act No. 6 of 1965] 59
33. No act of a council 114[xxx] or of any person acting as
the $[chairman/chairperson] vice-chairman, 114[xxx] or
#[Member] shall be deemed to be invalid by reason only of
a defect in the constitution of the municipality 114[xxx] or on
the ground that the $[chairman/chairperson], vice-chairman,
114[xxx] or the #[Member] was not entitled to hold or
continue in such office by reason of any disqualification or
by reason of any irregularity or illegality in his election or by
reason of such act having been done during the period of
any vacancy in the office of the $[chairman/chairperson],
vice-chairman, 114[xxx] or #[Member].
34. (1) As soon as may be after the first day of April, in
every year, and not later than such date as may be fixed by
the Government, the council shall submit to the Government
through the District Collector a report on the administration
of the municipality during the preceding year in such form
and with such details as the Government may direct. If the
District Collector makes any remarks on the report, such
remarks shall be forwarded to the council and the council
shall be entitled, within such time as the Government may
fix, to offer or make such explanations or observations as
the council thinks fit.
(2) The *[Commissioner] shall prepare the report and
submit it to the council. 114[xxx] The council shall consider
the report and forward it to the Government with its
resolution thereon, if any.
(3) The report and the resolutions thereon, if any, shall
be published in such manner as the council, subject to the
approval of the Government, may direct.
(4) The council shall furnish to the Zilla Praja Parisahd
concerned such information relating to the plan schemes of
114. Omitted by Act No.5 of 1971.
Acts of councils,
etc., not to be
invalidated by
defect in
constitution,
vacancy, etc.,
Council to submit
annual
administration
report to
Government and
to furnish
information
relating to its plan
schemes to Zilla
Praja Parishad.
60 [Act No. 6 of 1965]
the municipality as may, from time to time, be required by
the Zilla Praja Parishad.
35. (1) All public streets in any municipality with the
pavements, stones and other materials thereof and all
works, materials and other things provided for such streets,
all sewers, drains, drainage works, tunnels and culverts,
whether made at the cost of the municipal fund or
otherwise, in, along-side or under any street, whether public
or private, and all works, materials and things appurtaining
thereto shall vest in the council.
(2) The Government may, after consultation with the
council, by notification in the 115Telangana Gazette, withdraw
any such street, sewer, drain, drainage work, tunnel or
culvert from the control of the council.
36. Where any public street has been withdrawn from the
control of a council under sub-section (2) of section 35 and
placed under the control of the Highways Department of the
Government, it shall be the duty of the council to provide, at
the cost of the municipal fund, to such extent as the
Government may by general or special order direct,—
(a) for the lighting, watering, scavenging, and drainage
of such street;
(b) for the provision, maintenance and repair of the
water-supply mains, drains and sewers in, alongside or
under such street;
(c) for the provision, maintenance and repair of
footways attached to such street:
115. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Vesting of public
streets and
appurtenances in
the council.
Duty of council in
respect of public
streets with-drawn
from its control.
[Act No. 6 of 1965] 61
Provided that where, in the discharge of such duties, it
is necessary for the council to open and break up the soil or
pavement of any such street, the council shall obtain the
previous consent of such officer of the Highways
Department as the Government may, by general or special
order, specify:
Provided further that in cases of emergency the council
may, without such consent, open and break up the soil or
pavement of any such street, but shall, as far as practicable,
restore such soil or pavement to the condition in which it
was immediately before it was opened and broken up and a
report of the action so taken and the reasons therefor shall
be sent forthwith to the officer specified under the foregoing
proviso.
37. (1) On and from the date of the commencement of this
Act, and vacant lands belonging to or under the control of
the Government situate within the local limits of a
municipality shall, subject to the provision, of sub-sections
(2) and (3) and to such conditions as may be prescribed be
deemed to be in the possession or under the control of the
council concerned for purposes of this Act.
Explanation.— For the purpose of this section vacant
land includes a poramboke, donka or kunta.
(2) The council shall keep all such vacant lands free
from encumbrances and shall restore the possession or
control of any such land to the Government free of cost
whenever it is required by the Government for their use
116[for any public purpose or for purpose of alienation to any
person or local authority].
116[(3) The council shall not—
116. Substituted by Act No.5 of 1971.
Vacant lands
belonging to
Government
situated in the
municipality to be
in the possession
or under the
control of the
council.
62 [Act No. 6 of 1965]
(a) construct or permit the construction of any
building or other structure on any such vacant land;
(b) use or permit the use of such vacant land for any
permanent purpose;
unless the prior permission of the Government is obtained
by the council therefor, after furnishing such information as
the Government may require, including the usefulness of the
land for any housing scheme;
(c) alienate such vacant land to any third party.]
11738. All rubbish and filth and other matter collected by or
on behalf of a council under this Act shall belong to the
council.
39. (1) Subject to the control of the Government, the Board
of Revenue may, by notification in the 118Telangana Gazette,
with the consent of a council, make over to the council the
management and superintendence of any charitable
endowment in respect of which powers and duties attached
to the Board of Revenue under the provisions of the
119Andhra Pradesh (Andhra Area) Endowments and
Escheats Regulation, 1817 or any other law similar thereto
for the time being in force; and thereupon all powers and
duties which attach to the Board of Revenue in respect
thereof shall attach to the council as if it had been specially
named in the said Regulation or law, and the council shall
manage and superintendent such endowment.
117. Section 38 deemed to have come into force from 01.04.1969 vide
Act 5 of 1971.
118. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
119. Andhra Area Regulation.
Collected sewage,
etc., to belong to
council.
Power of Board of
Revenue to
transfer control of
endowments to
council.
[Act No. 6 of 1965] 63
(2) The Board of Revenue may, of its own motion and
shall on a direction from the Government, and after
consultation with the council, by notification in the
120Telangana Gazette, resume the management and
superintendence of any endowment made over to a council
under sub-section (1), and upon such resumption, all the
powers and duties attaching to the council in respect of the
endowment shall cease and determine.
40. The council may accept any donations, endowment or
trust for the furtherance of any purpose for which the
municipal fund may be applied.
41. The Government may, subject to such conditions as
they may deem fit to impose and with the consent of
council, transfer to the council the management of any
institution or the execution of any work not provided for by
this Act, and it shall thereupon be lawful for the council to
undertake such management or execution:
Provided that in every such case, the funds required for
such management or execution, shall be placed at the
disposal of the council by the Government.
42. (1) Any immovable property which any municipal
authority is authorised by this Act to acquire may be
acquired under the provisions of the Land Acquisition Act,
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 council.
120. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Acceptance of
donation,
endowments or
trust by the
council.
Subjects not
provided for by
this Act.
Procedure of
acquisition of
immovable
property under
the Land
Acquisition Act.
Central Act 1 of 1894.
64 [Act No. 6 of 1965]
(2) Where a municipal authority proposes to acquire
any immovable property otherwise than under the
provisions of the Land Acquisition Act, 1894, it shall obtain
the previous approval of the District Collector therefor. While
according his approval, the District Collector shall determine
the value at which the property is to be acquired and every
such acquisition shall be subject to the previous sanction of
the Government.
121[43. [(1) The power of making, on behalf of the council,
any contract whereof the value or amount does not exceed
the monetary limits specified in column (2) of the Table
below, shall be exercised by the authority specified in
column (3) thereof.
122[Municipalities Monetary Limits Authority
1 2 3
Third Grade
Municipality/ Nagar
Panchayath.
(a) Not exceeding
Rs.20,000/-
Commissioner
(b) Exceeding
Rs.20,000/- but
not exceeding
Rs.50,000/-
Committee consisting
of the Chairperson,
Commissioner and not
less than three but not
more than seven
members, chosen in
this behalf by the
Council.
Second Grade
Municipality
(c) Not exceeding
Rs.50,000/-
Commissioner
121. Substituted (sub-sections (1) and (2)) by Act No.5 of 1971. Sub-
section (1) substituted with Table by Act No.29 of 1978.
122. Substituted (Table) by G.O.Ms.No.142, MA & UD (A2) Department,
dated 29.10.2015.
Authority to
contract and
contractual power
of persons
appointed by
Government.
Central Act 1 of 1894.
[Act No. 6 of 1965] 65
(d) Exceeding
Rs.50,000/- but
not exceeding
Rs.1,00,000/-
Committee consisting
of the Chairperson,
Commissioner and not
less than three but not
more than seven
members, chosen in
this behalf by the
Council.
First Grade
Municipality
(e) Not exceeding
Rs.1,00,000/-
Commissioner
(f) Exceeding
Rs.1,00,000/- but
not exceeding
Rs.2,00,000/-
Committee consisting
of the Chairperson,
Commissioner and not
less than three but not
more than seven
members, chosen in
this behalf by the
Council.
Special/Selection
Grade Municipality
(g) Not exceeding
Rs.2,00,000/-
Commissioner
(h) Exceeding
Rs.2,00,000/- but
not exceeding
Rs.4,00,000/-
Committee consisting
of the Chairperson,
Commissioner and not
less than three but not
more than seven
members, chosen in
this behalf by the
Council.
Note: The power of making any contract includes
administrative sanction for the works.]
(2) The power of making every contract whereof the
value or amount exceeds the monetary limits mentioned in
sub-section (1) shall be exercised by the council
concerned.]
66 [Act No. 6 of 1965]
(3) Notwithstanding anything in the foregoing sub-
sections, any person appointed by the Government to carry
any work into execution on behalf of a council may, subject
to such control as the Government may prescribe, make
such contracts as are necessary for the purpose of carrying
such work into execution to the extent of the sum provided
for such work; and the council shall pay to the person so
appointed such sums as may be required for the said
purpose to the extent aforesaid.
123[xxx]
44. The power conferred by section 43 to make or sanction
contracts shall be subject to such rules as may be
prescribed in regard to the conditions on which, and the
mode in which contracts may be made or sanctioned by or
on behalf of the council.
45. (1) Every contract made by or on behalf of, a council
whereof the value of amount exceeds 124[one thousand
rupees] shall be in writing and, except in the case of
contracts made under the provisions of sub-section (3) of
section 43, shall be signed by the *[Commissioner].
(2) A contract executed or made otherwise than in
conformity with the provisions of this section or of section 43
and of the rules referred to in section 44 shall not be binding
on the council
125[46. (1) A motion expressing want of confidence in the
Chairperson otherwise than directly elected or Vice-
Chairperson may be made by giving a written notice of
intention to move the motion, in such form as may be
specified by the Government, signed not less than one half
123. Explanation of section 43 omitted by Act No.5 of 1971.
124. Substituted by Act No.3 of 1994.
125. Substituted by Act No.29 of 2005.
Rules regarding
the conditions on
which contracts
may be made.
Mode of
executing
contracts.
Motion of no
confidence in
Chairman/
Chairperson/
Vice-Chairperson.
[Act No. 6 of 1965] 67
of the total number of members of the Council having right
to vote, together with a copy of the proposed motion to the
District Collector concerned in accordance with the
procedure prescribed:
Provided that no notice of motion under this section
shall be made 126[within four (4) years] of the date of
assumption of office by the person against whom the
motion is sought to be moved:
Provided further that if the motion is not carried by two-
thirds majority as prescribed or if the meeting could not be
held for want of a quorum, no notice of any subsequent
motion expressing want of confidence in the same person
shall be made until after the expiration of one year from the
date of such first meeting:
Provided also that the membership of a suspended
member shall also be taken into consideration for
computing the total number of members and he shall also
be entitled to vote in a meeting held under this section.
(2) The District Collector shall, then convene a meeting
for the consideration of the motion at the office of Municipal
Council on the date appointed by him which shall not be
later than thirty days from the date on which the notice
under sub-section (1) was delivered to him. He shall give to
the members, Chairman/Chairperson or Vice-Chairperson
as the case may be and the Ex-officio members, notice of
not less than fifteen clear days excluding the date of the
notice and the date of the proposed meeting of such
meeting in such form as may be prescribed by the
Government and such notice shall be delivered as may be
specified.
126. Substituted by Act No.42 of 2008.
68 [Act No. 6 of 1965]
Explanation:- In computing the period of thirty days
specified in this sub-section the period during which a stay
order if any issued by a competent court on a petition filed
against a notice under sub-section (1) is in force shall be
excluded.
(3) The District Collector or the Revenue Divisional
Officer nominated by the District Collector (here-in-after
referred to as Presiding Officer) shall preside at such
meeting. The quorum for such meeting shall be two-thirds of
the total number of members. If within half an hour after the
time appointed for the meeting, there is no quorum for the
meeting the Presiding officer shall adjourn the meeting to
some other time on the same date and notify the same in
the notice board of the Council. If there is no quorum at the
adjoruned time of the same day, no further meeting shall be
convened for consideration of that motion and the meeting
shall stand dissolved and the notice given under sub-
section (1) shall lapse.
(4) As soon as the meeting convened under this
section commences, the said presiding officer shall read
only the motion for the consideration of which the meeting
has been convened and shall put it to vote without any
debate. The voting shall be by show of hands duly obeying
the party whip given by such functionary of the recognised
political party in the manner prescribed:
Provided that a member voting under this sub-section
in dlsobedience of the party whip shall cease to hold office
forthwith and the vacancy caused by such cessation shall
be filled as a casual vacancy.
(5) a copy of the minutes of the meeting together with a
copy of the motion and the result of the voting thereon shall
be forwarded immediately on the termination of the meeting
by the said presiding officer to the District Collector. The
[Act No. 6 of 1965] 69
District Collector shall forward the same along with his
remarks to the Government.
(6) If the motion is carried with the support of two-thirds
majority of the total number of the members including the
ex-officio members as on the date of the meeting, the
Government shall by notification remove the Chairperson or
Vice-Chairperson as the case may be from office and the
resultant vacancy shall be filled in the same manner as a
casual vacancy.
Explanation-I:- For the removal of doubts, it is hereby
declared that for the purpose of this section, the expression
―total number of members‖ means, all the members who are
entitled to vote in the election to the office concerned
including the ex-officio members.
Explanation-II:- For the purposes of the section, in the
determination of two-thirds of the total number of members,
any fraction below 0.5 shall be ignored and any fraction of
0.5 or above shall be taken as one.]
(b) The Chairman/Chairperson and Members.
47. (1) The $[chairman/chairperson] shall—
(a) make arrangements for the election of the vice-
$[chairman/chairperson] 127[xxx];
(b) convene the meetings of the council 127[xxx];
(c) refer any resolution of the council for its
reconsideration which, in his opinion is in excess of the
powers of the council or inconsistent with any law; and
127. Omitted by Act No.5 of 1971.
Powers and
functions of the
Chairman/
Chairperson.
70 [Act No. 6 of 1965]
(d) exercise all the powers and perform all the
functions specifically conferred or imposed on the
$[chairman/chairperson] by this Act.
(2) All official correspondence between the council and
the Government or the Heads of the Departments shall be
conducted in the name of the $[chairman/chairperson].
48. (1) The $[chairman/chairperson] may incur in each
case contingent expenditure incidental to the municipal
administration-
128[(i) in the case of third grade or second grade
municipality, not exceeding one thousand and five hundred
rupees;
(ii) in the case of first grade or special grade or
selection grade municipality, not exceeding three thousand
rupees;]
(2) He shall report the expenditure so incurred and the
reasons therefor to the council at its next meeting:
Provided that no such expenditure shall be incurred if
there is no provision available to meet the expenditure under
the relevant head of account in the budget framed by the
council with the modifications, if any, made by the
Government or where such expenditure was expressly
prohibited by the council.
49. The $[chairman/chairperson] may, in cases of
emergency, direct the execution of any work or the doing of
any act which would ordinarily require the sanction of the
council and the immediate execution or doing of which is, in
his opinion, necessary for the service or safety of the public
128. Substituted by Act No.29 of 1978.
Emergency
powers of the
chairman/
chairperson.
Power of
chairman/
chairperson to
incur contingent
expenditure.
[Act No. 6 of 1965] 71
and may direct that the expense of executing such work or
doing such act shall be paid from the municipal fund:
Provided that—
(a) he shall not act under this section in contravention
of any resolution of the council prohibiting the execution of
any particular act; and
(b) he shall report the action taken under this section
and the reasons therefor to the council at its next meeting.
50. (1) The $[chairman/chairperson] may, by an order in
writing, delegate any Delegation of his functions to 129[the
vice-chairman and any of his administrative functions to the
Commissioner]:
Provided that he shall not delegate any functions which
the council expressly forbids him to delegate.
(2) If the $[chairman/chairperson] has been
continuously absent from jurisdiction for more than 129[ten
days] or incapacitated for more than 129[ten days,] his
functions shall, during such absence or incapacity, devolve
on the vice-chairman:
Provided that where the absence from jurisdiction of
the $[chairman/chairperson] is within the State of
130Telangana, and is on business connected with the
municipality, the $[chairman/chairperson] functions shall
not, except to the extent, if any, to which functions have
been delegated by him under sub-section (1), devolve on
the vice-chairman.
129. Substituted by Act No.5 of 1971.
130. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Delegation and
devolution of
functions of
chairman/
chairperson.
72 [Act No. 6 of 1965]
(3) If the vice-chairman has been continuously absent
from jurisdiction for more than 131[ten days] or is
incapacitated for more than 131[ten days] or if the office of
vice-chairman is vacant, the $[chairman/chairperson] may
by an order in writing, delegate any of his functions 131[to
any elected #[Member]]:
Provided that—
(i) when an order of delegation made under this sub-
section is in force, no further order of delegation of any
functions shall be made in favour of any #[Member] other
than the #[Member] in whose favour the order in force was
made;
(ii) no delegation under this sub-section shall, without
the special sanction of the council, be made for any period
exceeding in the aggregate ninety days in any year; and
(iii) every order made under this sub-section shall be
communicated forthwith to the council and the Regional
Director.
(4) The exercise of powers or performance of any
functions delegated under sub-sections (1) and (3) shall be
subject to such restrictions, limitations and conditions, if
any, as may be laid down by the $[chairman/chairperson]
and shall also be subject to his control and revision. The
$[chairman/chairperson] shall also have power to control
and revise the exercise of powers or performance of any
function devolving on the vice-chairman under sub-section
(2).
131. Substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 73
51. 132[(1) (a) Every meeting of the council shall be
presided over by the $[chairman/chairperson]; in his
absence by the vice-chairman and in the absence of both
the $[chairman/chairperson] and the vice-chairman, by a
#[Member] included in the panel of temporary
$[chairman/chairperson] prepared in the manner specified in
clause (b). Where no such temporary $[chairman/
chairperson] is also present and if there is quorum, one of
its #[Members] may be chosen by the meeting to preside for
the occasion.
(b) At the first meeting in every year, of the council,
the $[chairman/chairperson] may nominate from amongst
the elected #[Members] a panel of not more than four
temporary chairmen, any one of whom may preside at any
meeting of the council in the absence of the
$[chairman/chairperson] and the vice-chairman in the order
in which they are nominated in the panel. The panel of
temporary $[chairman/chairperson] so nominated shall
remain in force until a new panel of temporary chairmen is
nominated.]
(2) The $[chairman/chairperson] shall preserve order
and shall decide all points of order arising at or in
connection with meetings. There shall be no discussion on
any point of order and the decision of the
$[chairman/chairperson] on any point of order shall, save as
otherwise expressly provided in this Act, be final.
(3) (a) Where the conduct of a #[Member] 133[xxx] is in
the opinion of the $[chairman/chairperson] disorderly, he
may direct that such #[Member] 133[xxx] shall withdraw from
the meeting of the council 133[xxx] and such #[Member]
132. Substituted by Act No.5 of 1971.
133. Omitted by Act No.5 of 1971.
Presidency of
Council.
74 [Act No. 6 of 1965]
134[xxx] shall thereupon withdraw and shall not be allowed to
attend for the remainder of the day‘s meeting.
(b) If any #[Member], who has been ordered to with-
draw, continues to remain in the meeting, the $[chairman/
chairperson] may take steps to cause him to be removed.
(4) The $[chairman/chairperson] may, in the case of
grave disorder arising in any meeting, suspend the meeting
for a period not exceeding three days.
135[Explanation— $[Chairman/Chairperson] in this
section and section 52 includes the vice-chairman,
temporary $[chairman/chairperson] or #[Member] presiding
for the occasion.]
136[(5) (a) The $[chairman/chairperson] may, if he
deems it necessary, name a #[Member] who disregards the
authority of the Chair or abuses the rules, bye-laws or
regulations of the Council by persistently and wilfuliy
obstructing the business thereof;
(b) If a #[Member] is so named by the
$[chairman/chairperson], the $[chairman/chairperson] shaIl,
at a meeting of the council, forthwith put the question that
the #[Member] (naming him) be, suspended from
functioning in the council as such for a period not exceeding
three consecutive months reckoned from the date of that
meeting:
Provided that the council may, at any time resolve
that such suspension be terminated.
134 Omitted by Act No.5 of 1971.
135. Substituted by Act No.5 of 1971.
136. Inserted (sub-section (5)) by Act No.29 of 1978.
[Act No. 6 of 1965] 75
(c) A #[Member] suspended under this sub-section
shaIl forthwith withdraw from the precincts of the council.]
52. (1) No #[Member] shall vote on, or take part in the
discussion of, any question coming up for consideration at a
meeting of the council 137[xxx] if the question is one in
which, apart from its general application to the public, he
has personal interest or he or his partner has any direct or
indirect pecuniary interest.
(2) The $[chairman/chairperson] may prohibit any
#[Member] from voting or taking part in the discussion of
any matter in which he, for reasons to be recorded in
writing, believes such #[Member] to have such interest, or
he may require such #[Member] to absent himself during
the discussion.
(3) Such #[Member] may challenge the decision of the
$[chairman/chairperson] who shall, thereupon, put the
question to the meeting and the decision of the meeting
shall be final.
(4) If any #[Member] present at the meeting believes
that the $[chairman/chairperson] has any such personal or
pecuniary interest in any matter under discussion, the
$[chairman/chairperson] shall, if a motion to that effect be
carried, absent himself from the meeting during such
discussion.
(5) The #[Member] concerned shall not be entitled to
vote on the question referred to in sub-section (3) and the
$[chairman/chairperson] concerned shall not be entitled to
vote on the motion referred to in sub-section (4).
137. Omitted by Act No.5 of 1971.
#[Member] when
to abstain from
taking part in
discussion and
voting.
76 [Act No. 6 of 1965]
53. (1) Any #[Member] may call the attention of the
$[chairman/chairperson] to any neglect in the execution of
municipal work, to any waste of municipal property or to the
wants of any locality and may suggest any improvements
which may appear desirable.
(2) Every #[Member] shall have the right to move
resolutions and to interrelate the $[chairman/chairperson] on
matters connected with the municipal administration subject
to such rules as may be made by the Government in this
behalf.
(3) Every #[Member] shall have access during office
hours to the records of the municipality after giving a
reasonable notice to the $[chairman/chairperson]:
Provided that the #[Member] shall not have access to
such records of the municipality as are classified as
confidential or secret by the rules made by the Government
in this behalf.
138[54. For any municipality, the Government may, after
consultation with the council, sanction out of the municipal
fund, payment of honorarium and conveyance allowance to
the $[chairman/chairperson] or the Vice-chairman on whom
the functions of the $[chairman/chairperson] devolve under
sub-section (2) of section 50, as the case may be, and
conveyance allowance to every #[Member], at such rates as
may be prescribed:
Provided that the conveyance allowance shall be
payable to the $[chairman/chairperson] or vice-chairman, as
the case may be, in case he maintains and uses a motor
car.]
138. Section 54 substituted by Act No.5 of 1971.
Duties and
powers of
individual
#[Members].
Payment of
honorarium and
conveyance
allowance to
chairman/chair-
person and
conveyance
allowance to
#[Members].
[Act No. 6 of 1965] 77
55. Any #[Member], 139[xxx] the vice-chairman or the
$[chairman/chairperson] may, by writing under his hand
addressed to the *[Commissioner] resign his office. The
*[Commissioner] shall on receipt of such resignation, place
it before the next meeting of the council. 139[xxx] The council
shall, 139[xxx] if it is satisfied as to its genuineness from the
concerned person, accept the resignation; and the
resignation so accepted shall take effect from the date of
such acceptance. If the council 139[xxx] is not satisfied as to
the genuineness of the resignation, the notice of resignation
shall lapse. Before the resignation is so accepted, it shall be
open to the person concerned to withdraw such resignation
by writing under his hand addressed to the
*[Commissioner]
140[(c) Commissioner
56. (1) The commissioner shall, save as otherwise
provided in this Act,—
(a) carry into effect all the resolutions of the council;
(b) furnish to the council such periodical reports
regarding the progress made in carrying out the resolutions
of the council;
(c) subject to all other restrictions, limitations and
conditions hereinafter imposed, exercise the executive
power for the purpose of carrying out the provisions of this
Act, and be directly responsible for the due fulfillment of the
purposes of this Act;
139. Omitted by Act No.5 of 1971.
140. Sections 56 and 57 substituted as 56 by Act No.5 of 1971.
Resignation of
Member, 139[xxx]
vice-chairman.
Powers and
functions of the
commissioner.
78 [Act No. 6 of 1965]
141[(cc) exercise disciplinary control over the
employees of the Municipal Council, who shall be
subordinate to the Commissioner;]
(d) exercise all powers in relation to the collection of
taxes and fees, the licences and the removal of
encroachments;
(e) be in charge of the office of the municipality and
have custody of the municipal records;
(f) inspect the places of entertainment for the
purposes of verification of the sale of tickets; and
(g) exercise all the powers and perform all the
functions specifically conferred or imposed on the
Commissioner by or under this Act.
(2) The Commissioner may, for the purpose of
performing his functions imposed by or under this Act,
requisition the services of any of the officers and other
employees of the municipality and the vehicles of the
municipality under their control and the said officers or other
employees shall comply with such requisition.
(3) Subject to any directions given, or restrictions
imposed, by the Government or the council, the
Commissioner may, by order in writing, delegate any of his
powers or functions to any officer or other employee of the
council or to any employee of the Government. The exercise
of any power or the performance of any function so
delegated shall be subject to such restrictions, limitations
and conditions as may be laid down by the Commissioner
and shall be subject to his control and revision.
141. Inserted by Act No.3 of 1994.
[Act No. 6 of 1965] 79
(4) The Commissioner shall, save as otherwise
provided in the rules relating to discipline and conduct, be
under such administrative control of the $[chairman/
chairperson], as may be prescribed.]
142[(5) (a) The Commissioner may incur in each case
contingent expenditure incidental to the municipal
administration,-
143[(i) in the case of a third grade or a second grade
Municipality, not exceeding one thousand rupees;
(ii) in the case of a first grade Municipality, not
exceeding fifteen hundred rupees; and
(iii) in the case of a special grade or a selection
grade municipality, not exceeding two thousand rupees;]
(b) He shall report the expenditure so incurred and
the reasons therefor to the council at its next meeting:
Provided that no such expenditure shall be incurred if
there is no provision available to meet the expenditure under
the relevant head of account in the budget framed by the
council with the modifications, if any, made by the
Government or where such expenditure was expressly
prohibited by the council.]
144[57. [xxx]]
142. Sub-section (5) added by Act No.29 of 1978.
143. For sub-clauses (i) and (ii) substituted sub-clauses (i), (ii) and (iii)
by Act No.3 of 1994.
144. Section 57 omitted by Act No.5 of 1971.
80 [Act No. 6 of 1965]
145[58. The Commissioner shall attend the meetings of the
council, and where he is required to do so by the
$[chairman/chairperson], of any of its committees. He shall
have the right to speak, and otherwise to take part, in the
meetings of the council and of any of its committees but
shall not be entitled to move any resolution, or to vote, at
any such meeting.]
CHAPTER IV.
CONTROLLING AUTHORITIES AND THEIR POWERS
59. (1) The Government may, either suo motu or on
representation of any #[Member], the $[chairman/
chairperson] or the *[Commissioner] by order in writing-
(i) cancel any resolution passed, order issued, or
licence or permission granted; or
(ii) prohibit the doing of any act which is about to be
done or is being done, in pursuance or under colour of this
Act, if in their opinion—
(a) such resolution, order, licence, permission or act
has not been passed, issued, granted or authorised in
accordance with law; or
(b) such resolution, order, licence, permission or
act is in excess of the powers conferred by this Act or any
other enactment; or
(c) the execution of such resolution or order, the
continuance in force of such licence or permission or the
doing of such act is likely to cause, financial loss to
municipality, danger to human life, health or safety or is
145. Substituted by Act No.5 of 1971.
Commissioner to
attend the
meetings of the
council and the
committees.
Government‘s
power to cancel
or suspend
resolutions, etc.
[Act No. 6 of 1965] 81
likely to lead to a riot or breach of peace 146[or is against
public interest:]
Provided that the Government shall, before taking
action under this section on any of the grounds referred to
in clauses (a) and (b) give the authority or person
concerned an opportunity for explanation:
Provided further that nothing in this sub-section shall
enable the Government to set aside any election which has
been held.
(2) If, in the opinion of the Government, immediate
action is necessary on any of the grounds referred to in
clause (c) of sub-section (1), they may suspend the
resolution, order, licence, permission or act, as the case
may be, for such period as they think fit pending the
exercise of their powers under sub-section (1).
147[59-A. The Government may, either suo-motu, or on a
representation of a Chairman/Chairperson or vice-
chairperson or Member or Commissioner or employee of a
Municipal Council, by notification in the 148Telangana
Gazette, suspend any Chairman/Chairperson or Vice-
Chairperson or Member who, in their opinion, wilfully
misbehaved or manhandled any other Member or Officer or
employee of the Council or destroyed the property of the
Council or used unparliamentary language or abused his
position in the course of meetings of the Council or during
the discharge of any duty vesting upon any
Chairman/Chairperson or Vice-Chairperson or Member or
Officer or employee, so as to lead to a situation in which the
Municipal Administration cannot be carried on in
146. Added by Act No.5 of 1971.
147. Added by Act No.13 of 1999.
148. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Government‘s
power to suspend
Chairman/
Chairperson or
Vice-Chairperson
or Member.
82 [Act No. 6 of 1965]
accordance with the provisions of this Act or the financial
stability of the Council is thretened.
(2) The Government shall, before taking action under
sub-section (1) give the Chairman/Chairperson or Vice-
Chairperson or Member concerned an opportunity for
explanation, and the notification issued under the said sub-
section shall contain a statement of the reasons for the
action taken by the Government;
(3) The Government may, suo-mutu, or on an
application made by the Chairman/Chairperson or Vice-
Chairperson or Member revoke the order of suspension
issued under sub-section (1).]
60. (1) The Government may, by notification in the
149Telangana Gazette, remove any $[chairman/chairperson]
or vice-chairman who, in their opinion willfully omits or
refuses to carry out or disobeys the provisions of this Act or
any rules, bye-laws, regulations or lawful orders issued
thereunder or abuses his position or the powers vested in
him.
(2) The Government shall, when they propose to
remove a $[chairman/chairperson] or vice-chairman under
sub-section (1), give the $[chairman/chairperson] or vice
chairman concerned an opportunity for explanation, and the
notification issued under the said sub-section shall contain a
statement of the reasons of the Government for the action
taken.
(3) Any person removed under sub-section (1) from the
office of $[chairman/chairperson] or from the office of vice-
chairman shall not be eligible for election to either of the
149. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Government‘s
power to remove
chairman/
chairperson or
vice-chairman.
[Act No. 6 of 1965] 83
said offices until the date on which notice of the next
ordinary elections to the council is published in the
prescribed manner.
150[61. [xxx]]
62. (1) If, in the opinion of the Government, a council is not
competent to perform, or persistently makes default in
performing, the duties imposed on it by or under this Act or
any other law for the time being in force or exceeds or
abuses its position or powers or a situation exists in which
the municipal administration cannot be carried on in
accordance with the provisions of this Act or the financial
stability or credit of the council is threatened, the
Government may, by notification in the 151Telangana
Gazette, direct that the council be dissolved with effect from
a specified date and reconstituted either immediately or with
effect from another specified date not later than 152[six
months] from the date of dissolution; and the notification
shall be laid before both Houses of the State Legislature.
153[(2) [xxx]]
(3) For purposes of reconstitution of a dissolved
council under this section, the vacancies in the office of all
the elected #[Members] shall be deemed to be 152[casual
vacancies].
(4) Before publishing a notification under sub-section
(1), the Government shall communicate to the council
concerned the grounds on which they propose to do so, fix
a reasonable period for the council to show cause against
150. Omitted by Act No.5 of 1971.
151. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
152. Substituted by Act No.17 of 1994.
153. Sub-section (2) with proviso omitted by Act No.17 of 1994.
Government‘s
power to dissolve
the council.
84 [Act No. 6 of 1965]
the proposal and consider its explanations or objections, if
any; 154[and the Chairman/Chairperson of the Municipality
concerned shall also be given a reasonable opportunity of
being heard.]
155[xxx]
(5) On the date fixed for the dissolution of the council
under sub-section (1), all its #[Members] including ex-officio
#[Members] as well as its $[chairman/chairperson] 156[and
Vice-Chairperson] shall forthwith be deemed to have
vacated their offices as such.
(6) During the interval between the dissolution and the
reconstitution of the council, all or any of the powers and
functions of the council and of its Chairman/Chairperson
157[xxx] 158[and of the committees referred to in sections 43
and 74] may be exercised and performed, as far as may be,
and to such extent as the Government may determine, be
such person as the Government may appoint in that behalf,
and any person who is not a District Collector or Revenue
Divisional Officer may, if the Government so directs, receive
payment for his services from the municipal fund; the
Government may determine the relations of such person
with the District Controlling Officers and with themselves,
and the Government may direct the *[Commissioner] to
exercise and perform any powers and duties under this Act
in addition to his own.
159[(7) The Members including the ex-officio members
of the reconstituted Council shall enter upon their office on
154. Added by Act No.17 of 1994.
155. Proviso of sub-section (4) of section 62 omitted by Act 17 of 1994.
156. Substituted by Act No.5 of 1971.
157. Omitted (―and of the executive committee‖) by Act No.5 of 1971.
158. Inserted by Act No.33 of 1976.
159. Sub-section (7) of section 62 substituted by Act No.17 of 1994.
[Act No. 6 of 1965] 85
the date fixed for its reconstitution and the term of office of
the elected members shall continue only for the remainder
of the period for which the dissolved Municipality would
have continued had it not been dissolved.]
(8) The Government may reconstitute the council
before expiry of the period notified under sub-section (1) or
sub-section (2):
160[Provided that where the remainder of the period for
which the dissolved Municipality would have continued is
less than six months, it shall not be necessary to hold any
elections under this clause for constituting the Municipality
for such period.]
(9) When a Council is dissolved under this section, the
Government, until the date of the reconstitution thereof, and
the reconstituted council thereafter, shall be entitled to all
the assets and be subject to all the liabilities of the council
as on the date of the dissolution and on the date of the
reconstitution respectively.
161[62-A. (1) Notwithstanding anything contained in this Act,
where, in the opinion of the Government it is not possible to
hold the elections to the municipalities in accordance with
the provisions of this Act, before the date of expiration of the
term, and to bring the newly elected Members into office on
the date of expiration of the term as aforesaid, 162[xxx] the
Government may, by notification appoint a Special Officer to
exercise the powers, perform the duties and discharge the
functions of,-
(a) the Council;
160. Proviso of sub-section (8) of section 62 added by Act No.17 of
1994.
161. Section 62-A inserted by Act No.6 of 1992.
162. Omitted by Act No.18 of 1992.
Appointment of
Special Officer.
86 [Act No. 6 of 1965]
(b) the Chairperson; and
(c) the Commissioner;
under the Act, for a period 163[which shall not exceed six
years] from the date of such appointment:
Provided that the Government may, from time to time,
by notification in the 164Telangana Gazette and for reasons
specified therein extend the said period of appointment of
Special Officer 163[beyond six years] for a further period or
periods, so however the period of appointment of the
Special Officer 163[beyond six years] for a further period or
periods, so however the period of appointment of the
special officer shall not, 163[in the aggregate exceed ten
years] or till the newly elected councils assume office
whichever is earlier.
(2) The Government shall cause elections to be held to
the municipality under the principal Act, so that the newly
elected members may come into office on such date as may
be specified by the Government in this behalf by a
notification in the 164Telangana Gazette:
Provided that the Government may, from time to time,
advance or postpone the date specified under this sub-
section and fix instead another date:
Provided further that the date fixed under this sub-
section shall be the date on which the appointment of the
Special Officer, expires.
(3) The Special Officer shall exercise the powers,
perform the duties and discharge the functions of the
163. Substituted by Act No.33 of 2001.
164. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 87
council until the elected members come into office, of the
Chairman/Chairperson until a Chairman/Chairperson is
elected, and of the Commissioner until a Commissioner is
appointed by the Government and the committees referred
to in section 43 and 74 until such committees are
constituted, as the case may be and any such officer may, if
the Government so direct, receive remuneration for his
service from the municipal fund.]
165[62-B. Notwithstanding anything contained in section 62-A
or any other provisions of this Act, it shall be competent for
the Government by notification, to appoint and continue a
Special Officer to exercise the powers, perform the duties
and discharge the functions of the Council, the Chairperson
and the Commissioner in respect of the Municipalities
located in the Scheduled areas until the Parliament by law
extend the provisions of Part IX-A of the Constitution of India
to the Scheduled areas under clause (3) of article 243-ZC of
the Constitution of India:
Provided that elections shall be held to the said
Municipalities in the Scheduled Areas within a period of one
year after such extension of Part IX-A of the Constitution of
India to the Scheduled areas and the Special Officers shall
continue until the newly elected Councils assumes office.]
63. (1) The Government may appoint a Director of
Municipal Administration and such number of Deputy
Directors, Regional Directors and other officers as may be
required for the purpose of inspecting or superintending the
operations of all or any of the councils established under
this Act.
(2) All schools, hospitals, dispensaries, vaccine
stations, choultries and other institutions maintained by any
165. Inserted by Act No.8 of 2006.
Appointment of
Special Officers to
the Municipalities
in Scheduled
Areas.
Government‘s
power to appoint
officers to
supervise
municipalities.
88 [Act No. 6 of 1965]
council and all documents relating thereto shall, at all times,
be open to the inspection of such officers as the
Government may appoint in that behalf.
(3) Municipal authorities and municipal officers and
servants shall be bound to afford to inspecting or
superintending officers appointed under this section, such
access at all reasonable times to municipal property or
premises, and to all documents which, subject to any rules
made in this behalf, the inspecting or superintending officers
may consider to be necessary to enable them to discharge
their duties of inspection or superintendence.
64. (1) If at any time, it appears to the Government that a
Council, $[chairman/chairperson], Vice-Chairman or
*[Commissioner] has made any default in performing any
duty imposed by or under this Act or any other enactment
for the time being in force, they may, by order in writing, fix a
period for the performance of such duty.
(2) If such duty is not performed within the preiod so
fixed, the Government may appoint some person to perform
it, and may direct that the expense of performing it shall be
paid, within such time as they may fix, to such person by the
council.
(3) If the expenses which the Government have
directed under sub-section (2) to be paid from the municipal
fund are not so paid, the District Collector, with the previous
sanction of the Government, shall make an order directing
the *[Commissioner] to pay it in priority to any other
charges against such fund except establishment charges
and charges for the service of authorised loans.
(4) The Secretary shall, so far as the funds to the credit
of the council permit, be bound to comply with such order.
Government‘s
power to take
action in certain
cases.
[Act No. 6 of 1965] 89
65. 166[(1)] The Government, may, with the consent of the
council undertake on its behalf the construction of water
supply, drainage or other works, appoint persons to carry
out construction of such works and direct that the expenses
including the pay of such persons be paid from the
municipal fund and thereafter the provisions of sub-sections
(3) and (4) of section 64 shall apply.
167[(2) The Government may, after consultation with the
council constitute planning committees for any municipality,
consisting of such members as may be appointed by them,
for the purpose of preparing plans in respect of such
developmental works as may be approved by the
Government for execution within the municipality; and the
council shall undertake all such works. The expenses
incurred towards the planning committees, the preparation
of plans and the execution of developmental works under
this section shall be paid from the municipal fund.]
66. (1) If it appears to the District Collector that the
$[chairman/chairperson] or executive committee has made
default in carrying out any resolution of the council, the said
Collector shall, after giving the $[chairman/chairperson] or
the executive committee, as the case may be, a reasonable
opportunity of explanation, send a report on such resolution
together with the explanation, if any received, to the
Government and at the same time forward a copy of the
same to the council.
(2) The Government shall, as soon as may be, after the
receipt of the report of the Collector under sub-section (1),
consider the same and the explanation, if any, received
therewith and, if necessary, take action under sub-section
(2) of section 64.
166. Renumbered by Act No.45 of 1976.
167. Inserted by Act No.45 of 1976.
Government‘s
power to
undertake works
for municipality.
District Collector‘s
power to enforce
execution of
resolutions.
90 [Act No. 6 of 1965]
67. (1) The District Collector may enter on and inspect, or
cause to be entered on and inspected, any immovable
property or any work in progress under the control of any
municipal authority in his district.
(2) The Government or the District Collector, may—
(a) call for any document in the possession, or under
the control, of any council or the $[chairman/chairperson] or
*[Commissioner];
(b) require any council, the $[chairman/chairperson] or
*[Commissioner] to furnish any return, plan, estimate,
statement, account or statistics;
(c) require any council, the $[chairman/chairperson] or
*[Commissioner] to furnish any information or report on any
municipal matter;
(d) record in writing, for the consideration of the
council, the $[chairman/chairperson] or *[Commissioner]
any observations they or he may think proper in regard to its
or his proceedings or duties.
68. (1) The District Collector may, in cases of emergency,
direct or provide for the execution of any work or the doing
of any act which the council or the *[Commissioner] is
empowered to execute or to do and the immediate
execution or the doing of which is, in his opinion, necessary
for the safety of the public and may direct that the expense
incurred for executing such work or doing such act, as the
emergency may require, shall be paid from the municipal
fund.
(2) If the expenses are not so paid, such Collector may
make an order directing the person having the custody of
Power of District
Collector and
Government for
purposes of
control.
Emergency
powers of District
Collector.
[Act No. 6 of 1965] 91
the municipal fund to pay them in priority to any other
charge against the fund.
(3) Such person shall, so far as the funds to the credit
of the council admit, be bound to comply with such order.
(4) Every case in which the powers conferred by this
section are exercised shall be forhwith reported to the
Government by the District Collector with the reasons in full
for the exercise of such powers; and a copy of the letter
shall at the same time be sent to the council for information.
69. When the District Collector or a person appointed by
the Government lawfully takes action on behalf, or in default,
of the council or the *[Commissioner], under this Act, he
shall have all such powers as are necessary for the purpose,
and shall be entitled to the same protection under this Act
as the municipal authority whose powers he is exercising,
and compensation shall be recoverable from the municipal
fund by any person suffering damage from the exercise of
such power to the same extent as if the action has been
taken by such municipal authority.
70. If, in the opinion of the District Collector, immediate
action is necessary on any of the grounds referred to in
clause (c) of sub-section (1) of section 59, he may suspend
the resolution, order, licence, permission or act, as the case
may be, and report to the Government who may thereupon
either rescind the Collector‘s order or, after giving the
authority or person concerned a reasonable opportunity of
explanation, direct that it shall continue in force with or
without modification permanently or for such period as they
think fit.
Powers of officers
acting for, or in
default of, council
and liability of
municipal fund.
Powers of District
Collector to
suspend
resolution etc.
92 [Act No. 6 of 1965]
PART III
MUNICIPAL ESTABLISHMENT.
Officers and employees of or under the Council.
71. 168[(1) Notwithstanding anything contained in this Act or
any other law for the time being in force, Government may
appoint, any categories of officers and employees, in the
Greater Hyderabad Municipal Corporation constituted under
Greater Hyderabad Municpal Corporation Act, 1955, the
Hyderabad Metropolitan Development Authority constituted
under the Hyderabad Metropolitan Development Authority
Act, 2008, any Urban Development Authority constituted
under the Telangana Urban Areas (Developmet) Act, 1975,
any Municipal Corporation constituted under the Telangana
Municipal Corporations Act, 1994 and any Municipality and
Nagar Panchayat constituted under this Act, in the State, as
may be prescribed.]
(2) Before sanctioning any post under sub-section (1)
the Government shall consult the council concerned.
168[(3) The officers and employees appointed under
sub-section (1) shall devote their whole time to the duties of
their offices and shall not undertake any work unconnected
with the office.]
(4) All the appointments to posts sanctioned under
sub-section (1) shall be made by the Government.
(5) All the officers appointed under sub-section (4)
shall, save as otherwise provided in the rules relating to the
discipline and conduct of those officers, be deemed, for all
purposes, as officers of the council and shall, in the exercise
of the powers and discharge of the functions under this Act,
168. Substituted by Act No.13 of 2017.
Appointment of
Officers and
employees.
[Act No. 6 of 1965] 93
be subject to such control and direction of the
*[Commissioner] as may be prescribed.
(6) The Government shall pay out of the Consolidated
Fund of the State salaries, allowances, leave allowances,
pension and contribution, if any, towards the provident fund
or pension-cum-provident fund of every officer appointed by
the Government under sub-section (4).
72. (1) The Government shall have power—
(a) to make rules to regulate the classification and
methods of recruitment, conditions of service, pay and
allowances and disciplinary conduct of the officer appointed
under section 29 or section 71 as the case may be;
(b) to recover from the council concerned the whole
or such proportion of the salary and allowances paid to any
such officer and such contribution towards his leave
allowances, pension or provident-cum-pension fund of such
officer as the Government may, by general or special order,
determine.
(2) The Government may, at any time, withdraw any
officer appointed under section 29 or section 71 and appoint
another in his place, and they shall withdraw such officer if
such withdrawal is recommended by a resolution passed at
special meeting called for the purpose and supported by the
votes of not less than three-fifths of the sanctioned strength
of the council:
169[Provided that no such resolution shall be moved
before the expiry of one year from the date of assumption of
charge by such officer.]
169. Added by Act No.3 of 1994.
Government‘s
power to regulate
the methods of
recruitment,
conditions of
service, etc., of
officers appointed
under sections 29
and 71.
94 [Act No. 6 of 1965]
73. (1) All proposals for fixing or altering the number,
designations and grades of officers other than those
referred to in section 72 and employees of the council and
the salaries, fees and allowances payable to them shall be
placed before the council by the executive committee for
consideration and sanction of the council.
(2) The council may, after consideration of such
proposals, sanction them with or without modification:
Provided that no proposals adversely affecting any
municipal officer or employee who has been in the
permanent service of the municipality for more than five
years and is drawing a salary of not less than fifty rupees
per mensem shall be considered except at a special
meeting convened for the purpose and no such proposal
shall be given effect to unless assented to by at least one-
half of the members then on the council.
(3) Notwithstanding anything in sub-sections (1) and
(2), the Government shall have power to sanction and fix or
alter the number, designations and grades of, and the
salaries, fees and allowances payable to, the officers and
employees of any council or any class of such officers and
employees and it shall not be open to the council to vary the
number, designations, grades, salaries, fees or allowances
as so fixed or altered except with the previous sanction of
the Government.
170[74. Subject to any rules including the rule for the
representation of Scheduled Castes, Scheduled Tribes and
the socially and educationally backward classes of citizens
which the Government may make in this behalf, and
notwithstanding anything in 171the Andhra Pradesh (Andhra
170. Section 74 substituted by Act No.15 of 1996.
171. Andhra Area Act.
Other officers and
employees of
council.
Appointment to
posts of Officers
and employees of
Council
sanctioned under
section 73.
Act III of 1939.
[Act No. 6 of 1965] 95
Area) Public Health Act, 1939 or any other law similar
thereto for the time being in force, appointment to posts of
officers and employees sanctioned under section 73, shall
be made by the Chairperson:
Provided that an appointment to the post of a
headmaster or a headmistress of a high school maintained
by the Council shall be made from a panel prepared by a
committee consisting of the Chairperson, the
Commissioner, the District Educational Officer having
jurisdiction and not less than three but not more than seven
members chosen in this behalf by the Council:
Provided further that appointment 172[to all the other
posts except all categories of posts of teachers the pay or
the maximum pay] of which exceeds rupees one hundred
shall be made from a panel prepared by a committee
consisting of the Chairperson, the Commissioner and not
less than three but not more than seven members chosen in
this behalf by the Council:]
173[Provided also that appointment to all categories of
posts of teachers shall be made as per the procedure
prescribed by the Government from time to time.]
75. (1) Notwithstanding anything in this or any other
enactment for the time being in force, the Government shall
have power to transfer any officer or employee of a
municipality to the service of any other officers and
municipality or of any other local authority.
(2) The Government shall have power to issue such
general or special directions as they may think necessary
172. Substituted by Act No.10 of 1999.
173. Added by Act No.10 of 1999.
Power of
Government to
transfer officers
and employees of
municipalities.
96 [Act No. 6 of 1965]
for the purpose of giving due effect to transfers made under
sub-section (1).
76. (1) Subject to the provisions of this Act and the rules
which Power of the Government may make in this behalf,
the council may frame regulations in respect of officers and
employees of the municipality appointed under section 74—
(a) fixing the amount and nature of security to be
furnished;
(b) prescribing educational or other qualifications;
(c) regulating the grant of leave, leave allowances,
acting allowances and travelling allowances;
(d) regulating the grant of pensions and gratuities;
(e) establishing and maintaining provident funds and
making contribution thereto compulsory;
(f) regulating conduct; and
(g) generally prescribing conditions of service:
Provided—
(i) that the amount of any leave, leave allowances,
travelling allowances, pension or gratuity provided for in
such regulations shall, in no case without the special
sanction of the Government, exceed what would be
admissable in the case of Government employees of similar
standing and status; and
(ii) that the conditions under which such allowances
are granted or any leave, superannuation or retirement is
sanctioned, shall not without similar sanction be more
Power of council
to frame
regulations.
[Act No. 6 of 1965] 97
favourable than those for the time being prescribed for such
Government employees.
(2) Until rules and regulations are made under sub-
section (1), the rules and regulations which were applicable
to such officers and employees immediately before the
commencement of this Act in respect of the matters
specified in that sub-section shall continue to apply to them.
174[77. (1) Subject to the provisions of sections 79 and 80
and to such control as may be prescribed, the
Commissioner may censure, fine, withhold increment in the
time-scale of pay of, withhold promotion from, suspend or
reduce in rank any officer or other employees in the service
of the municipality except an officer appointed under section
29 or section 71, or an officer, or other employee belonging
to a municipal service for the State constituted under section
80 for any breach of departmental rule or discipline or for
carelessness, unfitness, neglect of duty or other misconduct
after giving an opportunity of showing cause against the
penalty proposed:
Provided that a fine shall not be imposed on any officer
or other employee unless he is a Bill-Collector or is the
holder of such post as may be prescribed.
(2) Subject to such control as may be prescribed, the
Chairman/Chairperson shall have the power to impose
penalty of removal or dismissal on such officer or other
employee after giving him a reasonable opportunity of
showing cause against the action proposed to be taken in
regard to him:
174. Section 77 substituted by Act No.15 of 1996.
Power to punish
municipal
employees.
98 [Act No. 6 of 1965]
Provided that he may, in public interest, suspend any
such officer or other employee pending action proposed to
be taken in regard to him under this sub-section.]
175[78. Subject to the rules made under section 72 or section
76, the Commissioner may grant any leave to the officers
and other employees in the service of the municipality.]
79. (1) The Government may, on the application of any
council, place the services of any Government employee
employed in connection with the affairs of the State at the
disposal of the council to be employed by it for the
purposes of this Act. The council shall pay any Government
employee so employed the salary he may be entitled to
receive under the rules of the branch of Government service
to which he belongs, and shall also make any contribution
towards the pension and leave allowances of such
employee as may be required by the conditions of his
service under the Government to be paid by him or on his
behalf.
(2) If such employee, while employed by the council or
if any other employee of the council does any work for the
Government, the Government shall contribute to the
municipal funds so much of salary of such employee as the
Government may consider to be an equivalent for such
work.
(3) No Government employee employed by a council
shall be dismissed or removed from such employment,—
(a) if he is employed as a Medical Officer, without the
consent of the Government; and
175. Section 78 with marginal heading substituted by Act No.5 of 1971.
Power to grant
leave to officers
and employees.
Special provisions
regarding
Government
employees lent to
council.
[Act No. 6 of 1965] 99
(b) in any other case, without the consent of the
Government or until three months, notice in writing to that
effect shall have been given to the chief controlling authority
of the branch of the Government service to which the
Government employee belongs.
(4) No Government employee employed by a council
shall, except in cases of emergency, be withdrawn from the
service of the council without the consent of the council until
the Government shall have given three months, notice in
writing to that effect to the council or unless some other
Government employee has been deputed to replace the one
withdrawn.
(5) Government employees employed by councils shall
be entitled to leave and other privileges in accordance with
the regulations applicable to the general branch of the
Government service to which they belong.
80. 176[(1) Notwithstanding anything contained in this Act or
any other law for the time being in force, Government may,
after consulting the Greater Hyderabad Municipal
Corporation, Hyderabad Metropolitan Development
Authority, all Urban Development Authorities, Municipal
Corporations, Municipalities and Nagar Panchayats in the
State, by a notification in the Telangana Gazette, constitute
a Common Municipal Service for the State consisting of any
class of officers or employees of the Greater Hyderabad
Municipal Corporation, Hyderabad Metropolitan
Development Authority, all Urban Development Authorities,
Municipal Corporations, Municipalities and Nagar
Panchayats in the State.]
(2) Upon the issue of a notification under sub-section
(1), the Government shall have power to make rules to
176. Sub-section (1) substituted by Act No.13 of 2017.
Constitution of
Common
Municipal Service.
100 [Act No. 6 of 1965]
regulate the classification, methods of recruitment,
conditions of service, pay and allowances and discipline
and conduct of the 177[Common Municipal Service] thereby
constituted and such rules may vest jurisdiction in relation to
such service in the Government or in such other authority or
authorities as may be prescribed therein.
(3) Nothing in this section shall affect the operation of
the 177[Telangana Local Government Service (Declaration as
State Civil Service) Act, 1956] in so far as it relates to the
municipal officers and municipal employees who are
declared to be borne on the State Civil Service as declared
under section 3 of that Act.
PART IV
CHAPTER -1
Taxation
81. (1) (a) Every council shall, by resolution, levy the
following taxes, namely:-
(i) a property tax:
178[(ii) [XXX]]
(iii) a tax on carriages and carts
(iv) a tax on animals.
(b) The council may, by resolution and with the
previous sanction of the Government also levy a tax on
advertisements.
177. Substituted by Act No.13 of 2017.
178. Omitted by Act No.22 of 1987.
Levy of ordinary
taxes and the
control of
Government in
respect thereof.
Act No. XX of 1956.
[Act No. 6 of 1965] 101
(2) Any resolution of a council determining to levy a tax
shall specify the rate at which and the date from which any
such tax shall be levied:
Provided that, before passing a resolution imposing a
tax for the first time or increasing the rate of an existing tax,
the council shall publish a notice in at least one newspaper
published in the main language of the district having
circulation in the municipality, on the notice board of the
municipal office and in such other places within municipal
limits as may be specified by the council and by beat of
drum, of its intention, fix a reasonable period not being less
than one month for submission of objections and consider
the objections, if any, received within the period specified:
Provided further that any resolution abolishing an
existing tax or reducing the rate at which a tax is levied shall
be immediately reported to the Government; and in
municipalities which have an outstanding loan either from
the Government or from the public or from any banking,
insurance or financial corporation or from any other local
authority, such abolition or reduction shall not be carried
into effect without the sanction of the Government.
82. In every municipality, a duty shall be levied on certain
transfers of property in accordance with the provisions
hereinafter contained in this Act.
83. When a council determines, subject to the provisions
of section 81, to levy any tax for the first time or at a new
rate, the *[Commissioner] shall forthwith publish a
notification in the prescribed manner specifying the rate at
which, the date from which and the period of levy, if any, for
which, such tax shall be levied.
Duty on transfers
of property.
Notification of new
taxes.
102 [Act No. 6 of 1965]
84. Nothing in this part of this Act, shall authorise a council
to levy any tax which the State Legislature has no power to
impose in the State under the Constitution of India:
Provided that a council which immediately before the
commencement of the Constitution was lawfully levying any
such tax under any law then in force may continue to levy
that tax until provision to the contrary is made by Parliament
by law.
(i) Property Tax.
85. (1) 179[Subject to the provisions of sections 85-H and
85-I, where the Council, by resolution determines that a
Property Tax shall be levied], such tax shall be levied on all
buildings and lands within the municipal limits save those
exempted by or under this Act or any other law. The
property tax may comprise—
(a) a tax for general purposes;
(b) a water and drainage tax to provide for expenses
connected with the construction, maintenance, repair,
extension or improvement, of water or drainage works
heretofore provided or hereafter to be provided;
(c) a lighting tax to provide for expenses connected
with the lighting of the municipality by gas or electricity; and
(d) a scavenging tax to provide for expenses
connected with the removal of rubbish, filth or the carcases
of animals from private premises:
Provided that where the water and drainage tax is
levied, the council shall declare what proportion of tax is
179. Substituted by Act No.6 of 2012.
Saving for certain
provisions of the
Constitution of
India.
Levy of property
tax.
[Act No. 6 of 1965] 103
levied in respect of water works and the remainder shall be
deemed to be levied in respect of drainage works and the
proportion so declared shall also be specified in the
notification published under section 83:
Provided further that the proportion so fixed shall not
be altered without the previous sanction of the Government.
(2) Save as otherwise provided in this Act and subject
to the provisions of 180[sections 81 and 87] and in
accordance with the rules made by the Government in this
behalf, these taxes shall be levied 181[at such percentages of
the annual rental value of lands or buildings or both as may
be fixed by the council:]
182[Provided that in the case of lands and buildings
vested in the trustees of the port of Visakhapatnam, these
taxes levied in any half-year shall be at one per centum of
the annual gross earnings of the Visakhapatnam Port Trust
in the year immediately preceding such levy.]
183[Provided further that the percentage of the property
tax fixed under this sub-section shall be such that the
incidence of property tax together with the education tax
and library cess levied under the relevant laws, shall not
exceed twenty-five percentum of the annual rental value in
the case of residential buildings and thirty-three percentum
of the annual rental value in the case of non-residential
buildings.]
(3) (a) Save as otherwise provided in clause (b), the
council shall in the case of lands which are not used
exclusively for agricultural purposes and are not occupied
180. Substituted by Act No.20 of 1989.
181. Substituted by Act No.23 of 1975.
182. Added by Act No.9 of 1975.
183. Inserted by Act No.3 of 1978.
104 [Act No. 6 of 1965]
by, or adjacent and appurtenant to, buildings, levy these
taxes, at such percentages of the capital value of the lands
or at such rates with reference to the extent of the lands, as
may be fixed by the council:
Provided that such percentages or rates shall not
exceed the maxima, if any, fixed by the Government and
that the capital value of such lands shall be determined in
such manner as may be prescribed.
(b) In the case of railway lands which are not used
exclusively for agricultural purposes and are not occupied
by or adjacent and appurtenant to, buildings, the council
shall levy these taxes at such percentages of the capital
value of such lands, and the Government shall have power
to make rules regarding the manner in which, the person or
persons by whom and the intervals at which, the capital
value of such lands shall be determined, and they may also
by such rules restrict or modify the application of the
provisions contained in Schedule II to such lands.
(4) The council may, in the case of lands used
exclusively for agricultural purposes, levy these taxes at
such proportions of land revenue payable thereon as it may
fix with the approval of the Government.
184[(5) Notwithstanding anything contained in this Act
and the Rules made thereunder, where a building is
constructed, or re-constructed, or some structures are
raised unauthorisedly, it shall be competent to the
assessing authority to levy property tax on such building or
structure with a penalty 185[as specified hereunder till such
unauthorised construction is demolished or regularised
184. Sub-sections (5) and (6) added by Act No.35 of 1998.
185. Substituted by Act No.15 of 2013.
[Act No. 6 of 1965] 105
without prejudice to any proceedings which may be
instituted in repsect of such unauthorised construction:
(i) Upto ten percent violation of permissible setbacks
only in respect of floors permitted in a sanctioned plan:
Twenty five percent of property tax as penalty;
(ii) More than ten percent violation of permissible
setbacks only in respect of floors permitted in a sanctioned
plan: Fifty percent of property tax as penalty;
(iii) Unauthorised floors over the permitted floors in a
sanctioned plan: Hundred percent of property tax as
penalty;
(iv) Total unauthoirsed construction: Hundred percent
of property tax as penalty:
Provided that such levy and collection of the penalty
shall not be construed as regularisation of such
unauthorised construction or reconstruction.]
186[(5-a) Penalty leviable under sub-section (5) shall be
determined and collected by such authority and in such
manner as may be prescribed. The penalty so payable shall
deemed to be the property tax due.
(5-b) A person primarily liable for payment of property
tax in respect of a building, or structure shall be liable for
payment of penalty levied under sub-section (5).]
(6) A separate receipt for the penalty levied and
collected shall be issued.]
186. Inserted by Act No.15 of 2013.
106 [Act No. 6 of 1965]
187[85-A. The Government shall, by notification, within three
months from the date of commencement of the Andhra
Pradesh Municipal Laws (Amendment) Act, 2012, constitute
a State Property Tax Board called as the 188Telangana State
Property Tax Board (hereinafter referred to as the Board) to
provide assistance and technical guidance to all
municipalities in the State for proper assessment of property
tax on buildings and lands, in their respective jurisdictions.
85-B. The Board shall consist of a Chairperson and five
members as specified below:
(i) Commissioner and Director of
Municipal-Administration, Government
of 188Telangana.
Ex-officio Vice-
Chairperson
(ii) Secretary to Government, Information
Technology and Communications
Department, Government of
188Telangana or an Expert in
Information Technology.
Member
(iii) An expert in valuation of buildings and
lands for assessment of property tax.
Member
(iv) President, Chamber of Municipal
Chairmen, 188Telangana.
Ex-officio
Member
(v) One person in the category of
Additional Director of Municipal
Administration appointed by the
Government.
Member-
Secretary.
187. Sections 85-A to 85-R inserted by Act No.6 of 2012.
188. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Composition of
the Board.
Constitution of the
Telangana State
Property Tax
Board.
[Act No. 6 of 1965] 107
85-C. (i) The Chairman/Chairperson shall be a person who
has held the Office of Judge of a High Court;
(ii) The members shall be persons who are having
knowledge and experience in the fields of valuation of
properties for assessment of property tax, Information
Technology (I.T.) as may be prescribed.
85-D. The Chairman/Chairperson and the members of the
Board shall hold office for a period of three years and the
terms and conditions of their service, including salaries and
allowances, shall be such as may be prescribed by the
State Government.
85-E. The Chairman/Chairperson or a member of the
Property Tax Board may resign his office by a letter signed
by him and addressed to the Government and on
acceptance of such resignation by the Government, his
office shall fall vacant on the date on which such resignation
is accepted.
85-F. The person appointed as Chairman/Chairperson of the
State Property Tax Board may be removed from office in the
manner as may be prescribed.
85-G. The Board shall be provided with such number of
officers and staff as may be determined by the State
Government.
85-H. The Board shall discharge the following functions,
namely:-
(i) to make arrangements for preparation of data base
of property tax in all Municipalities, for proper maintenance
of all records and registers relating to assessment of
property tax;
Qualification for
the Chairman/
Chairperson and
Members.
Term and other
conditions of
service of
Chairman/
Chairperson and
Members.
Resignation.
Removal from
Office.
Staff of the Board.
Functions of the
Board.
108 [Act No. 6 of 1965]
(ii) to make arrangements for assessment of property
tax on all buildings and lands situated in the Municipalities
as per the provisions of the Act and the Rules issued
thereunder;
(iii) to monitor that the assessment books shall be
completely revised by the Commissioner once in five years
as per the provisions of the Act and the Rules issued
thereunder;
(iv) to make arrangements that all new constructions or
additions or improvements to the existing buildings in the
Municipalities are assessed to Property Tax within thirty
days from the date of completion of the building or
occupation of the building whichever is earlier;
(v) to conduct study on prevailing rental value of
buildings from time to time in Municipalities;
(vi) to make arrangements for the calculation of
payment of service charges in respect of Central
Government properties as per the instructions of State
Government and Government of India;
(vii) to review the present Property Tax assessment
system in Municipalities and make suggestions to the
Government in this regard;
(viii) to make arrangements for assessment or revision
of property tax relating to at least 25% of the aggregate
number of estimated properties across all Municipalities in
the State by 31st March, 2015;
[Act No. 6 of 1965] 109
(ix) to prepare a work plan to achieve the above
coverage and publish the work plan in the 189Telangana
Gazette;
(x) to make arrangements for disposal of revision
petitions and appeals filed for revision of Property Tax by
the concerned officers within three months from the date of
filing such revision petitions or appeals;
(xi) to suggest the Government about the criteria to be
adopted for exemption of buildings and lands in
Municipalities from payment of Property Tax;
(xii) to make arrangements for maintenance of register
of properties exempted from the payment of Property Tax by
all the Municipalities;
(xiii) to undertake training of Officers and Staff of
Municipalities in the assessment and revision of Property
Tax directly or through any institution;
(xiv) to discharge such other functions in the field of
assessment of Property Tax including development of
expertise in valuation of lands and buildings.
85-I. (1) The Board shall exercise the following powers,
namely:
(i) to issue instructions to the Municipalities for
assessment and revision of Property Tax as per the
provisions of the Act and the Rules issued thereunder which
shall be complied with by all the Municipal Commissioners;
189. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Powers of the
Board.
110 [Act No. 6 of 1965]
(ii) the Municipal Commissioner shall consult the
Board before issue of draft notification fixing monthly rent
proposed per square metre of plinth area for assessment or
revision of property tax. The Board shall study the draft
notification and make a comparative study of the monthly
rental values proposed by other Municipalities in the District
in this regard and offer its views in the matter. The Municipal
Commissioner shall give due consideration to the views
offered by the Board before adopting the final notification
showing monthly rent per square metre of plinth area as
prescribed;
(iii) to make a test check of the asessments made by
the Commissioner both at the time of assessment of new
buildings and revision of Property Tax;
(iv) to inspect any building or land in the Municipality
or take measurements of the property for verification of the
Property Tax assessment;
(v) to call for particulars relating to the building or
land from any owner or occupier by serving a notice for the
purpose of verification of the assessment of Property Tax;
(vi) to inspect records and registers relating to
assessment and revision of property tax in Municipalities;
(vii) to call for information from Municipal
Commissioners on assessment and revision of Property
Tax;
(viii) to conduct review meetings with Commissioners
of Municipalities and Regional Directors of Municipal
Administration on assessment and revision of Property Tax
and to issue suitable instructions in the matter.
[Act No. 6 of 1965] 111
85-J. (1) The Board may hold ordinary meetings at such
intervals as may be prescribed and a special meeting may
be convened by Chairman/Chairperson at any other time for
the transaction of urgent business.
(2) The number of members necessary to constitute a
quorum at a meeting and procedure to be followed thereat
shall be such as may be prescribed.
85-K. (1) The Board shall have a Fund to be called the State
Property Tax Board Fund, to which the following moneys
shall be credited,-
(i) such moneys as may be paid to the Board by the
State Government or any other authority or agency; and
(ii) such moneys as may be paid to the Board by the
Municipalities as may be prescribed.
(2) All moneys received by the Board shall be
deposited in the State Bank of India or any Nationalized
Bank as may be prescribed.
85-L. (1) The expenditure to be incurred by the Board for
meeting the salaries and allowances including
contingencies of the Chairman/Chairperson, Members,
Secretary, Officers and employees serving under or for the
Board shall be defrayed out of the Fund to be provided by
the State Government.
(2) The expenditure towards contingencies for
undertaking normal activities of the Board shall be met out
of the Fund provided by the State Government.
85-M. (1) The Board shall prepare each year in such form
and within such time, as may be prescribed, a budget in
respect of the ensuing financial year, showing the estimated
Meetings of the
Board.
Funds of the
Board.
Expenditure.
Budget.
112 [Act No. 6 of 1965]
receipts and expenditure and shall forward a copy of the
same to State Government for approval.
(2) The State Government may, in according such
approval, make such additions, alterations and
modifications thereon as it thinks fit:
Provided that before making such additions, alterations
or modifications the State Government shall give the Board
an opportunity to express its views thereon within such
period as may be prescribed.
85-N. (1) The Board shall have the same financial powers as
are exercisable by the Secretary or a Head of the
Department of the State Government. Matters beyond such
financial powers shall be referred to by the Board to the
State Government for a decision.
(2) The Board shall keep accounts of all receipts and
expenditure and prepare annual accounts in such manner
as may be prescribed.
85-O. (1) The Board shall cause its accounts to be audited
annually by an auditor to be appointed by the State
Government and the auditor so appointed shall have the
right to demand the production of books, accounts,
documents and other papers of the Board.
(2) As soon as the accounts have been audited, the
Board shall send a copy thereof together with a copy of the
report of the auditor to the State Government.
(3) The Board shall comply with such directions as the
State Government may, after perusal of the report of the
auditor, think fit to issue in this behalf.
Accounts.
Audit.
[Act No. 6 of 1965] 113
(4) The Board shall pay out of the Fund such sum as
may be determined by the State Government by way of
fees, if any, for such audit.
85-P. The Board shall prepare an Annual Report of its
activities during the year in such form as may be prescribed
by the State Government and the Annual Report shall be
placed before the Legislature of the State.
85-Q. (1) The Board may delegate any of its powers and
functions including financial powers to the Chairman/
Chairperson of the Board by a resolution adopted by it in
this behalf.
(2) The Board may also delegate any of its powers or
functions to the Secretary or any Officer of the Board by a
resolution adopted by it in this behalf.
85-R. Chairperson, every Member of the Board or every
Officer or employee of the Board shall, when acting or
purporting to act under the provisions of this Act, be
deemed to be a public servant within the meaning of section
23 of the Indian Penal Code,1860.]
86. (1) The Government may, after consultation with the
council by order published in the 190Telangana Gazette,
direct any council to levy the property tax referred to in sub-
section (1) of section 81 or any class of such tax, at such
rate and with effect from such date, not being earlier than
the first day of the 191[half-year] immediately following that in
which the order is published, as may be specified in the
order.
190. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
191. Substituted for the ―year‖ by Act No.7 of 1970.
Annual Report.
Delegation of
powers and
functions by the
Board.
Members, officers
and employees to
be public
servants.
Levy of property
tax on a direction
by Government.
Central Act 45 of 1860.
114 [Act No. 6 of 1965]
(2) When an order under sub-section (1) has been
published, the provisions of this Act relating to property tax
shall apply as if the council 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 council under section 81
determining the rate at which and the date from which
property tax shall be levied, had taken effect.
(3) A council shall not alter the rate at which the
property tax or any class of such tax is levied in pursuance
of an order under sub-section (1) or abolish such tax except
with the previous sanction of the Government.
192[87. (1) Every building shall be assessed together with its
site and other adjacent premises occupied as an
appurtenance thereto unless the owner of the building is a
different person from the owner of such site or premises.
(2) The annual rental value of lands and buildings shall
be deemed to be the gross annual rent at which they may
reasonably be expected to be let from month to month or
from year to year with reference to its location, type of
construction, plinth area, age of the building, nature of use
to which it is put and such other criteria as may be
prescribed.
(3) Notwithstanding anything in the 193Telangana
Buildings (Lease, Rent and Eviction) Control Act, 1960, the
gross annual rent at which the lands and buildings might
reasonably be expected to be let from month to month or
from year to year, shall be determined by the
Commissioner, with reference to its location, type of
construction, plinth area, age of the building, nature of use
192. Substituted by Act No.20 of 1989.
193. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Method of
assessment of
property tax.
Act XV of 1960.
[Act No. 6 of 1965] 115
to which it is put and such other criteria as may be
prescribed:
Provided that in the case of any Government or railway
building or any building or a class of buildings not ordinarily
let, the gross annual rent of which cannot, in the opinion of
the Commissioner be estimated, the annual rental value of
the premises shall be deemed to be nine percent of the
estimated value of the land and the present cost of erecting
the building after deducting a reasonable amount towards
depreciation which shall in no case be less than ten percent
of such cost.
(4) The annual rental value of lands and buildings shall
be deemed to be the gross annual rent at which they may
reasonably be expected to let from month to month or from
year to year, less a deduction at the rate of ten percent for
buildings upto the age of 25 years and twenty percent for
buildings above the age of 25 years 194[and thirty percent for
buildings above the age of 40 years] of that portion of such
gross annual rent which is attributable to the building, apart
from their sites and adjacent lands occupied as an
appurtenance thereto and the said deduction shall be in lieu
of all allowances for repairs or on any other account
whatsoever:
Provided that a rebate of forty percent of the annual
rental value shall be allowed in respect of the residential
buildings occupied by the owner inclusive of the deduction
permissible under this sub-section:
194[Provided further that in respect of such
municipalities on the sea-shore as may be specified by
notification from time to time, a rebate of five percent of the
annual rental value shall be allowed in addition to the
194. Inserted by Act No.3 of 1994.
116 [Act No. 6 of 1965]
rebates allowed under the other provisions of the Act in
respect of all the buildings;]
Explanation: For the purposes of this section, an area
not exceeding three times the plinth area of the building
including its site or a vacant land to the extent of one
thousand square metres, whichever is less shall be deemed
to be adjacent premises occupied as an appurtenant to the
building, and assessed to tax in accordance with the
provisions of this section, and the area, if any, in excess of
the said limit shall be deemed to be land not occupied by or
adjacent and appurtenant to such building and the tax shall
be levied thereon in accordance with the provisions of sub-
section (3) of section 85 as if it were land to which that sub-
section applied.]
88. (1) The following buildings and lands shall be exempt
from the property tax:
(a) places set apart for public worship and either
actually so used or used for no other purpose;
(b) choultries for the occupation of which no rent is
charged and choultries the rent charged for the occupation
of which is used exclusively for charitable purposes;
195[(c) recognised educational institutions including
hostels, public buildings and places used for the charitable
purpose of sheltering destitute or animals and libraries and
play-grounds which are open to the public;]
(d) such ancient monuments protected under the law
relating to preservation of ancient monuments for the time
being in force, or parts thereof, as are not used as
residential quarters, or as public offices;
195. For clauses (bb) and (c) substituted by Act No.3 of 1994.
General
exemptions.
[Act No. 6 of 1965] 117
(e) charitable hospitals and dispensaries;
(f) such hospitals and dispensaries maintained by
railway administration as may, from time to time, be notified
by the Government in the 196Telangana Gazette;
(g) burial and burning grounds included in the book
kept at the municipal office under section 303;
(h) buildings and lands belonging to the council;
(i) any irrigation work vesting in the Government
including the bed of a water-course or any building or land
adjacent and appurtaining to such irrigation work; 197[all
lands belonging to or under the control of the Government,
including the vacant lands specified in section 37] and all
such other Government property, being neither buildings
nor land, from which, in the opinion of the Government, any
income could be derived as may, from time to time, be
notified by the Government in the 196Telangana Gazette:
Provided that nothing in 198[clauses (a), (c) and (e)]
shall be deemed to exempt from property tax any building
or land for which rent is payable by the person or persons
using the same for the purposes referred to in the said
clauses.
Explanation—The exemption granted under this
section shall not extend to residential quarters attached to
schools and colleges not being hostels or to residential
quarters attached to hospitals, dispensaries and libraries.
196. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
197. Substituted by A.P Act No.5 of 1971.
198. Substituted by Act No.3 of 1994.
118 [Act No. 6 of 1965]
199[(1A) [xxx]]
(2) The water and drainage tax shall not be levied on
any land used exclusively for agricultural purposes and not
deriving any benefit from the water or drainage works on
account of which the tax is imposed.
(3) The council may, with the previous sanction of the
Government, exempt any particular part of a municipality
from the payment of the whole or a portion of the water and
drainage tax or of the lighting tax on the ground that such
area is not deriving full benefit from the water supply and
drainage or from the lighting system.
(4) The council may exempt any building or land from
the whole or any portion of the scavenging tax if it is
satisfied that the owner or occupier has made efficient
arrangements for the daily removal therefrom of rubbish,
filth and carcasses of animals.
(5) The council may, by resolution, exempt any class of
buildings or lands from the property tax—
200[(i) [xxx]]
201[(ii) If the annual rental value of the same does not
exceed Rs.300/- in the case of owner occupied residential
buildings within the municipal limits:
Provided that in respect of houses constructed for
urban poor, the municipality shall collect one rupee for
every half-year towards property tax;]
199. Sub-section (1A) of section 88 omitted by Act No.3 of 1994.
200. Omitted by Act No.20 of 1989.
201. Substituted by Act No.20 of 1989.
[Act No. 6 of 1965] 119
(iii) the person to be assessed does not own any
other building or land assessed to the property tax and is
not liable to profession tax or income-tax.
89. Save as otherwise provided in this Act, the rate of any
class of property tax on lands, when levied on their capital
value, or the rate of any class of property tax on lands, when
levied on their annual rental value, may be lower than the
rate of the same class of property tax on buildings and there
shall be uniformity in the levy of each such rate the
throughout the municipal area in respect of the lands or
buildings, as the case may be.
90. The property tax on buildings and lands, shall, subject
to the prior payment of land revenue, if any, due to the
Government thereon, be a first charge upon the said
buildings or lands and upon the movable property, if any,
found within or upon the same and belonging to the person
liable to such tax. 202[If the tax due in respect of a building or
land under this section is not paid within the time specified
therefor, it may be recovered in the first instance by distraint
under the warrant of the Commissioner and sale of movable
property of the defaulter and if for any reason, the distraint
or a sufficient distraint of the defaulter‘s movable property is
impracticable, the tax may be recovered by attachment and
sale of the said building or land in such manner as may be
prescribed.]
203[91. The property tax shall be levied every half-year and
shall, save as otherwise expressly provided in Schedule II,
be paid by the owner of the assessed premises within thirty
days after the commencement of the half-year:]
202. Added by Act No.45 of 1976.
203. Section 91 substituted by Act No.7 of 1970.
Taxation to be
uniform.
Property tax a first
charge on
property.
Property tax when
payable.
120 [Act No. 6 of 1965]
204[Provided that a rebate of five percent of property tax
shall be given in respect of assessments where property tax
for the entire current financial year is paid before 30th April
of the year notwithstanding the service of bill or demand
notice:
Provided further that a simple interest at the rate of two
percent per mensum shall be charged in case of failure to
pay property tax by the end of the of June for the first half
year and by the end of the month of December for the
second half year:
Provided also that when payment of property tax is not
made within the due date, the Commissioner may, after
giving notice to the owner or occupier, disconnect the
essential services to the premises:
Provided also that all the taxes and dues to the
Municipality including the property tax payable to the
Municipality shall be liable to be recovered as if they were
arrears of land revenue.]
205[91A. (1) If at any time it appears to the council that any
person or property has been inadvertently omitted from the
assessment records or inadequately or improperly assessed
relating to any tax, or a clerical or arithmetical error is
committed in the records maintained in relation to such
assessment, it may direct the Commissioner to assess or
reassess or correct the errors as the case may be:
Provided that no such direction shall be given where it
involves an increase in the assessment unless the person
affected is afforded, an opportunity to show cause against
the proposed action.
204. Four provisos substituted (for existing 3 provisos) by Act No.15 of
2013.
205. Inserted by Act No.3 of 1994.
Power to correct
the assessment
records.
[Act No. 6 of 1965] 121
(2) Such assessment or reassessment or correction of
records shall not relate, to a period earlier than the five half
years immediately preceding the current half year.]
92. (1) When any building or land or any portion of any
premises which has been treated as a separate property for
the purposes of assessing the property taxes has been
vacant 206[for thirty or more consecutive days in any half-
year,] the *[Commissioner] shall, subject to the provisions
hereinafter contained, remit the property taxes, if any, to a
maximum of one half of the amount paid in respect of such
taxes for the number of days that such vacancy lasted.
(2) For the purpose of sub-section (1),—
(a) premises shall be deemed to be vacant only if
they are un-occupied and unproductive of rent;
(b) premises shall be deemed to be productive of
rent, if let to a tenant having a continuing right of occupation
thereof, whether they are actually occupied by such tenant
or not;
(c) premises furnished or reserved by the owner for
his own occupation whenever required shall be deemed to
be occupied, whether they are actually occupied by the
owner or not;
(d) premises used or intended to be used for the
purposes of any industry which is seasonal in character
shall not be deemed to be vacant merely on account of their
being unoccupied and unproductive of rent during such
period or periods of the 207[half-year] in which seasonal
operations are normally suspended;
206. Substituted for ―not less than ninety days‖ by Act No.7 of 1970.
207. Substituted for the ―year‖ by Act No.7 of 1970.
Vacancy
remission.
122 [Act No. 6 of 1965]
(e) a vacancy which has continued during the whole
of the month of February shall be deemed to have
continued for not less than thrity consecutive days.
(3) Every demand for remission under sub-section (1)
shall be made during the 208[half-year] in respect of which
the remission is sought or in the following 208[half-year] and
not afterwards.
(4) (a) No demand for such remission shall be
entertained unless the owner of the building, land or
premises or his agent has previously thereto delivered
notice to the *[Commissioner]—
(i) that the building, land or premises is vacant and
unlet; or
(ii) that the building, land or premises will be vacant
and unlet from a specified date either in the 208[half-year] in
which notice is delivered or in the succeeding 208[half-year].
(b) No demand for such remission shall be
entertained in the case of a person who is in arrears of
property tax due by him otherwise than in a fiduciary
capacity to the municipality, in respect of which a bill has
been duly served upon him and the time, if any, specified
therein for payment has expired.
(c) The period in respect of which the remission is
made shall be calculated—
(i) if remission is sought in respect of the 208[half-
year] in which notice is delivered, from the date of delivery
of the notice or from the date on which the building, land or
premises became vacant and unlet whichever is later; and
208. Substituted for the ―year‖ by Act No.7 of 1970.
[Act No. 6 of 1965] 123
(ii) if remission is sought in respect of the 209[half-
year] succeeding that in which the notice is delivered, from
the commencement of the 209[half-year] in respect of which
remission is sought or from the date on which the building,
land or premises became vacant and unlet, whichever is
later.
(d) Every notice under clause (a) shall expire with the
209[half-year] succeeding that during which it is so delivered
and shall have no effect thereafter.
93. (1) Whenever the title of any person, primarily liable to
the payment of property tax on any premises, to or over
such premises is transferred, the person whose title is
transferred and the person to whom the same shall be
transferred shall, within three months after the execution of
the instrument of transfer or after its registration if it be
registered, or after the transfer is effected, if no instrument
be executed, give notice of such transfer to the
*[Commissioner.]
(2) In the event of the death of any person primarily
liable as afore-said, the person to whom the title of the
deceased shall be transferred as heir or otherwise shall give
written notice of such transfer to the *[Commissioner] within
one year from the death of the deceased.
(3) The notice to be given under this section shall be in
such form as the *[Commissioner] may direct and the
transferee or the person to whom the title passes, as the
case may be, shall, if so required, be bound to produce
before the *[Commissioner] any documents evidencing the
transfer or succession.
209. Substituted for the ―year‖ by Act No.7 of 1970.
Obligation of
transferor and
transferee to give
notice of transfer.
124 [Act No. 6 of 1965]
(4) Every person who makes a transfer as aforesaid
without giving such notice to the *[Commissioner] shall, in
addition to any other liability which he incurs through such
neglect, continue to be liable for the payment of property tax
assessed on the premises transferred until he gives notice
or until the transfer shall have been recorded in the
municipal registers, but nothing in this section shall be held
to affect—
(a) the liability of the transferee for the payment of the
said tax; or
(b) the prior claim of the council under section 90.
94. (1) (a) If any building in a municipality is constructed or
reconstructed, the owner shall give notice thereof to the
*[Commissioner] within thirty days from the date of
completion or occupation of the building whichever is
earlier.
(b) If such date falls within the last 210[two months of a
half-year,] the owner shall, subject to notice being given
under clause (a), be entitled to a remission of the whole of
the tax or enhanced tax, as the case may be, payable in
respect of the building only for that year.
(c) If such date falls within the first 210[four months of a
half-year,] the owner shall, subject to notice being given
under clause (a), be entitled to a remission of so much, not
exceeding a half of the tax or enhanced, tax, as the case
may be, payable in respect of the building only, for that
210[half year] as is proportionate to the number of days in
that 210[half year] preceding such date.
210. Substituted by Act No.7 of 1970.
Owner‘s
obligation to give
notice of
construction,
reconstruction or
demolition of
building.
[Act No. 6 of 1965] 125
(2) (a) If any building in a municipality is demolished or
destroyed, the owner shall, until notice thereof is given to
the *[Commissioner] be liable for the payment of that
property tax which would have been leviable had the
building not been demolished or destroyed.
(b) If such notice is given within the first four months
of a 211[half-year], the owner shall be entitled to a remission
of the whole of the tax payable in respect of the building for
that 211[half year].
(c) If such notice is given within the last eight months
of a 211[half year] the owner shall be entitled to a remission
of such sum not exceeding a half of the tax payable in
respect of the building for that 211[half year,] as is
proportionate to the number of days in that 211[half year]
succeeding the demolition or destruction, as the case may
be.
95. (1) For the purpose of assessing the property tax, the
*[Commissioner] or valuation officer appointed under rule 9
of Schedule II, may, by notice, call on the owner or occupier
of any land or building to furnish him, within thirty days after
the service of the notice, where the notice is served upon
the Government, Railway Administration or a company and
within seven days after such service in other cases, or within
such further period, not exceeding seven days, as may be
specified by the *[Commissioner] or valuation officer, with
returns of the rent payable for the land or building, the cost
of erecting the building and the measurements of the land
and with such other information as the *[Commissioner] or
valuation officer may require; and every owner and occupier
on whom such notice is served shall be bound to comply
with it and to make a true return to the best of his
knowledge or belief.
211. Substituted by Act No.7 of 1970.
Power of
*[Commissioner]
or valuation officer
to call for
information and
enter upon
premises.
126 [Act No. 6 of 1965]
(2) For the purpose aforesaid, the *[Commissioner] or
valuation officer or any other person authorised by them in
this behalf may enter, inspect, survey and measure such
building or land after giving reasonable notice to the owner
or occupier.
212[96 to 102. [XXX]]
(iii) Tax on carriages and carts.
103. (1) If the council by a resolution determines that a tax
on Carriages and a tax on carts shall be levied, the
*[Commissioner] shall take steps to levy the said tax yearly
on carriages and carts kept or used within the municipality.
(2) The rates of the tax shall be determined by the
council, provided that in no case they shall exceed the
maxima laid down in Schedule II in respect of carriages, and
in respect of carts, such rates shall not exceed eight rupees
per cart per year.
104. (1) Every person having possession, custody or control
any taxable carriage shall be liable for the yearly tax, if the
carriage has been kept or used within the municipality for an
aggregate period of not less than one hundred and twenty
days in the year.
(2) If such aggregate period exceeds thirty days but is
less than one hundred and twenty days, a moiety of the
yearly tax shall be leviable.
(3) If such aggregate period does not exceed thirty
days, no tax shall be leviable for the year.
212. (ii) Profession tax and sections 96 to 102 omitted by Act No.22 of
1987.
General
provisions
regarding tax on
carriages and
carts.
Liability to tax
according to
period for which
carriage has been
kept.
[Act No. 6 of 1965] 127
(4) Every person having possession, custody or control
of any taxable carriage within the municipality shall, until the
contrary is shown, be presumed to have kept or used the
same within the municipality for one hundred and twenty
days in the year.
105. (1) Every owner of any such cart shall register it once
in every year in the municipal office.
(2) The council may direct that municipal number shall
be affixed to every registered cart.
(3) The *[Commissioner] shall notify certain days in
every year for the registration and numbering of carts and
the payment of the tax.
(4) All registration made and numbers affixed under
this section shall be entered in a book to be kept for the
purpose at the municipal office.
(5) Such book shall be open at all reasonable times to
the inspection, free of charge, by any person who pays any
tax to the municipality.
(6) No tax shall be levied on any cart which is shown to
the satisfaction of the *[Commissioner] to have been kept or
used within the municipality for an aggregate period not
exceeding thirty days in an year.
106. Notwithstanding anything in section 104, no person
shall be liable—
(a) to pay tax to the municipality during any year on
any carriage or cart in respect of which the tax for the same
year has already been paid to the municipality by some
other person; or
Cart liable to tax
to be registered.
Non-liability to tax
in certain cases.
128 [Act No. 6 of 1965]
(b) to pay to the municipality on any carriage or cart in
respect of which the tax has already been paid to any other
municipality or any other local authority or cantonment
board, whether under this Act or any Act relating to such
other local authority or the Cantonments Act, 1924, more
than the excess, if any, of the tax payable in the municipality
in respect of such carriage or cart over the tax already paid
to the other municipality, the other local authority or the
cantonment board, as the case may be.
107. A carriage or cart tax shall not be levied on—
(a) carriages or carts belonging to the Government and
used for defence purposes;
(b) carriages or carts belonging to the council;
(c) carriages or carts kept solely for sale by carriage or
cart makers and dealers;
(d) carriages or carts which have been under repair or
kept by a carriage or cart maker during the whole of the
year;
(e) children‘s perambulators and tricycles;
(f) carriages or carts kept solely to be used for the
conveyance of the sick, the injured or the dead, free of
charge;
213[(g) private bicycles and owner-driven rickshaws.]
108. With the sanction of the council or in accordance with
regulations framed by that body, the *[Commissioner] may
compound, for any period with any livery stable keeper or
213. Added by Act No.5 of 1971.
Exemptions.
Compounding of
tax.
Central Act 2 of 1924.
[Act No. 6 of 1965] 129
other person keeping carriages for sale or hire, for a certain
sum to be paid in lieu of the carriage tax.
109. (1) The *[Commissioner] shall send to every person
liable to the tax on carriages a printed table to be filled up
with such information respecting the carriages kept or used
by him as the *[Commissioner] considers necessary for the
assessment of the tax.
(2) Such table shall be filled up with such information in
writing and signed and dated and returned within thirty days
of its receipt to the municipal office by the person to whom it
has been sent.
(3) On the expiry of the period of thirty days referred to
in sub-section (2), the *[Commissioner] shall cause a notice
to be served on such person requiring him to pay within
thirty days of the date of such service the sum for which, in
the opinion of the *[Commissioner] such person is liable on
account of the tax on carriages.
110. (1) When any person pays the amount of tax due in
respect of any carriage the *[Commissioner] shall grant him
a licence to keep or use such carriage for the period to
which the payment relates.
(2) Where the 214Andhra Pradesh (Andhra Area)
Hackney Carriages Act, 1911 or any other law similar
thereto for the time being in force, is in force in any area of a
municipality, the person appointed to perform the functions
of the Commissioner under the said Act or law in respect of
such area shall, before registering any carriage thereunder,
satisfy himself that the council has received payment of the
214. Andhra Area Act.
Forms to be sent
to and returned by
tax payers.
Grant of licence to
carriages on
payment of tax
and pre-payment
of tax condition
precedent
registration of
carriages.
Act V of 1911.
130 [Act No. 6 of 1965]
tax, if any, due under section 103 on account of the last
preceding year and the current year.
111. (1) The *[Commissioner] may direct that a municipal
number shall be affixed—
(a) to every carriage let out for hire within the
municipality; and
(b) to every bicycle and tricycle kept or used within
the municipality.
(2) The numbers affixed under sub-section (1) shall be
registered in the municipal office.
(3) The owner of every carriage, bicycle or tricycle shall
pay such fee as the *[Commissioner] may fix towards the
cost of the plate or discontaining the number.
112. (1) If a municipal number is not affixed to cart or
carriage (hereinafter referred to as vehicle) in pursuance of a
direction issued under section 105 or section 111, as the
case may be, the *[Commissioner] may, at any time, seize
and detain the vehicle and the animal, if any, by which it is
drawn:
Provided that no vehicle other than bicycle, or tricycle
shall be seized or detained when actually employed in the
conveyance of any passenger or goods.
(2) If the vehicle or animal seized be not claimed and
the tax due thereon be not paid within ten days from the
date of seizure, the *[Commissioner] may direct that the
vehicle or animal shall be sold in public auction and the
proceeds of the sale applied to the payment of—
(i) the tax, if any, due on the vehicle or animal sold;
Power to require
numbers to be
affixed to bicycles,
etc.
Seizure of
vehicles not
bearing numbers.
[Act No. 6 of 1965] 131
(ii) such penalty not exceeding the amount of the tax
as the *[Commissioner] may direct; and
(iii) the charges incurred in connection with the
seizure, detention and sale.
(3) If the owner of the vehicle or animal or other person
entitled thereto claims the same within ten days from the
date of seizure or at any time before the sale, it shall be
returned to him on payment of—
(i) the tax due thereon;
(ii) such penalty not exceeding the amount of the tax
as the *[Commissioner] may direct; and
(iii) the charges incurred in connection with the
seizure and detention.
(iv) Tax on Animals.
113. (1) If the council by a resolution determines that a tax
on animals shall be levied, the *[Commissioner] shall take
steps to levy the said tax yearly on the animals which are
kept or used within the municipality and which are of the
kinds specified in Schedule II.
(2) The rates of tax shall be determined by the council,
provided that in no case they shall exceed the maximum laid
down in Schedule II.
(3) The provisions of sections 104 and 106 to 110 in so
far as they relate to the levy of tax on carriages shall, with
the necessary modifications, apply to the levy of tax on
animals.
Tax on animal.
132 [Act No. 6 of 1965]
215[114 [XXX]]
115. (1) No advertisement shall be erected, exhibited, fixed
or retained upon or over any land, building, wall, hoarding
or structure within the municipality or shall be displayed in
any manner whatsoever in any place without the written
permission of the *[Commissioner].
(2) The *[Commissioner] shall not grant such
permission if—
(i) the advertisement contravenes any bye-law made
by the council under clause (30) of section 330; or
(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
*[Commissioner] 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.
116. The permission granted under section 115 shall
become void in the following cases, namely:-
(a) if the advertisement contravenes any bye-law made
by the council under clause (30) of section 330;
215. Section 114 omitted by Act No.23 of 2017.
Prohibition of
advertisements
without written
permission of
*[Commissioner].
Permission of the
*[Commissioner]
to become void in
certain cases.
[Act No. 6 of 1965] 133
(b) if any addition to the advertisement be made except
for the purpose of making it secure under the direction of
municipal engineer, or the *[Commissioner.]
(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.
117. 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 114 or
section 115 or after the written permission for the erection,
exhibition, fixation, or retention thereof for any period has
expired or become 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.
118. If any advertisement is erected, exhibited, fixed or
retained contrary to the provisions of section 114 or section
115 or after the written permission for the erection,
exhibition, fixation or retention thereof for any period has
Owner or person
in occupation to
be deemed
responsible.
Removal of
unauthorised
advertisements.
134 [Act No. 6 of 1965]
expired or become void the *[Commissioner] 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.
119. The *[Commissioner] may farm out the collection of
any tax on advertisement leviable under section 114 for any
period not exceeding one year at a time on such terms and
conditions as may be determined by the council.
Duty on transfers of property.
120. The duty on transfers of property shall be levied,—
(a) in the form of a surcharge on the duty imposed by
the Indian Stamp Act, 1899, for the time being in the State,
on every instrument of the description specified below, in
respect of the whole or part of the immovable property, as
the case may be, situated within the limits of a municipality;
and
(b) at such rate as may be fixed by the Government,
not exceeding five per centum on the amount specified
below against such instrument:-
Description of Instrument Amount on which duty shall be
levied.
216[(i) Sale of immovable
property.
The amount or value of the
consideration for the sale, as set
forth in the instrument or the market
value of the property which is the
216. Substituted by Act No.8 of 1976.
Collection of tax
on
advertisements.
Method of
assessment of
duty on transfers
of property.
Central Act 2 of 1899.
[Act No. 6 of 1965] 135
subject matter of the sale, whichever
is higher.
(ii) Exchange of
immovable
property.
The market value of the property of
greater value, which is the subject
matter of exchange.
(iii) Gift of immovable
property.
The market value of the property
which is the subject matter of the
gift.]
(iv) Mortigage with
possession of
immovable
property.
The amount secured by the
mortgage, as set forth in the
instrument.
217[(v) Lease for a term
exceeding one
hundred years or
in perpetuity of
immovable
property.]
An amount equal to one-sixth of the
whole amount or value of the rents
which would be paid or delivered in
respect of the first fifty years of the
lease as set forth in the instrument.
121. On the introduction of the duty on transfers of
property,—
(a) section 27 of the Indian Stamp Act, 1899 shall be
read as if it specifically requires the particulars to be set
forth separately in respect of property situated within the
limits of a municipality and outside such limits; and
(b) section 64 of the same Act shall be read as if it
referred to the council concerned as well as the
Government.
122. The Government may make rules not inconsistent with
this Act for regulating the collection of the duty on transfer of
property, the payment thereof to the councils concerned
217. Substituted by Act No.8 of 1976.
Provisions of the
Indian Stamp Act,
1899, applicable
on the introduction
of the duty on
transfers of
property.
Central Act 2 of 1899.
Power to make
rules regarding
assessment and
the collection of
duty on transfer of
property.
136 [Act No. 6 of 1965]
and the deduction of any expenses incurred by the
Government in the collection thereof.
218[123. [xxx]]
General Provision regarding taxation.
124. The council may write off any tax, fee or other amount
what-so ever, 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.
CHAPTER II
Finance
Municipal Fund
125. All moneys received by the council shall constitute a
fund which shall be called the municipal fund and shall be
applied and disposed of subject to the provisions of this Act
or other laws.
Budget
219[126. The council shall, in each year, frame a budget
showing the probable receipts and the expenditure which it
proposes to incur during the following year and shall submit
a copy of the budget to the Government before such date as
may be fixed by them in that behalf. The budget shall
contain provisions, adequate in the opinion of the
Government, for the due discharge of all liabilities in respect
of loans contracted by the council, for the maintenance of a
working balance, and for the execution of such works as the
Government may undertake or approve under section 65. If
the budget as submitted to the Government fails to make
218. Section 123 omitted by Act No.16 of 2011.
219. Substituted by Act No.45 of 1976.
Power to write off
irrecoverable
taxes, etc.
Definition of
Municipal Fund.
Budget Estimate.
[Act No. 6 of 1965] 137
those provisions, the Government may modify any part of
the budget so as to ensure that such provisions are made.]
127. If, in the course of a year, a council finds it necessary
to modify the figures shown in the budget with regard to its
receipts or to the distribution of the amounts to be
expended on the different services it undertakes, it may
submit a supplemental or revised budget provided that no
alteration shall be made without the consent of the
Government in the amount alloted for the service of debt or
in the working balance.
220[127-A. (1) The Commissioner shall prepare annual
accounts in such form with such information, as may be
prescribed. In particular, the annual accounts comprises the
financial statements consisting of income and expenditure,
assets and liabilities, and receipts and payments.
(2) The annual accounts shall be prepared within such
time as may be prescribed and be placed before the
Council for approval.
(3) On approval by the Council, the annual accounts
shall be forwarded to the auditor appointed by the
Government for audit.]
128. The Government shall appoint auditors 221[to audit the
annual accounts] of the municipal fund. Such auditors shall
be deemed to be ‗public servants‘ within the meaning of
section 21 of the Indian Penal Code.
129. (1) If the expenditure incurred by the Government or by
any other municipality to which this Act applies or by any
other local authority in the State for any purpose authorised
220. Inserted by Act No.22 of 2011.
221. Substituted by Act No.22 of 2011.
Revised or
Supplementary
Budget.
Preparation of
annual accounts.
Appointment of
auditors of
Accounts.
Contribution to
expenditure by
other local
authorities.
138 [Act No. 6 of 1965]
by or under Part II of Schedule II is such as to benefit the
inhabitants of a municipality, the council may, with the
sanction of the Government, make a contribution towards
such expenditure.
(2) The Government may direct a council to show
cause, within a month after receipt of the order containing
the direction, why any contribution described in sub-section
(1) should not be made.
(3) If the council fails to show cause within the said
period to the satisfaction of the Government, the
Government may direct it to make such contribution as they
may specify and it shall be paid accordingly.
130. The rules and tables embodied in Schedule II shall be
read as part of this chapter.
Loans and Advances
131. (1) The principal of, and interest on, the loans floated
by a council, to such maximum amount as may be fixed by
the Government and subject to such conditions as they may
think fit to impose, shall carry the guarantee of the
Government.
(2) The Government may increase the maximum
amount of any guarantee given by them.
(3) The Government may, after consulting the
council,—
(a) by notification in the 222Telangana Gazette, and
222. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Applications of
Schedule II.
Guarantee by
Government of
principal of, and
interest on, the
loans floated by
council for
purposes of the
Act.
[Act No. 6 of 1965] 139
(b) by notice for not less than fourteen days in such
of the principal newspapers in the municipality as the
Government may select in this behalf,
discontinue any guarantee given by them or restrict the
maximum amount thereof or modify the conditions subject
to which it is given with effect from a specified date not
being earlier than six months from the date of publication of
the notification in the 223Telangana Gazette:
Provided that in cases where the maximum amount of
the guarantee is to be restricted or the conditions subject to
which the guarantee is given are to be modified, the
notification and notice aforesaid shall set forth with sufficient
clearness the scope and effect of the restrictions or
modifications:
Provided further that the withdrawal, restriction or
modification of any guarantee under this sub-section shall
not affect in any way the guarantee carried by any loan
taken prior to the date on which such withdrawal, restriction
or modification takes effect.
132. Notwithstanding anything in the Local Authorities
Loans‘ Act, 1914, or any other law similar thereto for the
time being in force, the Government shall be entitled to
recover in the manner provided by sub-section (1) of section
64 of this Act or by suit, any loan or advance made to any
council for any purpose to which the funds of the said
council may be applied under this Act.
224[132A. (1) The Finance Commission constituted by the
Governor in pursuance of article 243-I of the Constitution
223. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
224. Inserted by Act No.17 of 1994.
Recovery of loans
and advances
made by the
Government.
Central Act 9 of 1914.
Finance
Commission.
140 [Act No. 6 of 1965]
shall also review the financial position of the Municipalities
and make recommendations to the Government as to,-
(a) the principles which should govern,-
(i) the distribution between the State and the
Municipalities of the net proceeds of the taxes, duties, tolls
and fees leviable by the State, which may be divided
between them under this part and the allocation between
the Municipalities of their respective shares of such
proceeds;
(ii) the determination of the taxes, tolls and fees
which may be assigned to, or appropriated by the
Municipalities;
(iii) the grants-in-aid to the Municipalities from the
Consolidated Fund of the State;
(b) the measures needed to improve the financial
position of the Municipalities;
(c) any other matter referred to the Finance
Commission by the Government in the interests of sound
finances of the Municipalities.
(2) The Government shall cause every recommendation
made by the Commission under this article together with an
explanatory memorandum as to the action taken thereon to
be laid before the Legislature of the State.]
[Act No. 6 of 1965] 141
Part V.
PUBLIC HEALTH, SAFETY AND CONVENIENCE.
CHAPTER I
WATER-SUPPLY, LIGHTING AND DRAINAGE
Water-supply-Vesting of works and powers of municipal
authorities.
133. (1) All public water-courses and springs and all public
reservoirs, tanks, cisterns, fountains, wells, standpipes and
other water works existing at the commencement of this Act
or afterwards made, laid or erected, and whether made, laid
or erected at the cost of the council or otherwise, and also
any adjacent land, not being private property, appurtaining
thereto shall vest in the council and be subject to its control:
Provided that nothing in this section shall apply to any
work which is, or is connected with, a work of irrigation or to
any adjacent land appurtaining to any such work.
(2) The Government may, by notification in the
225Telangana Gazette, limit or define such control or may
assume the administration of any public source of water-
supply and public land adjacent and appurtaining thereto
after consulting the council and giving due regard to its
objections, if any.
134. (1) The council may, with the sanction of the
Government direct the construction of such works as it
deems fit outside the limits of the municipality for supplying
it with water and may provide channels, tanks, reservoirs,
cisterns, engines, mains, wells, fountains, standpipes and
225. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Vesting of works
in councils.
Construction and
maintenance of
water works.
142 [Act No. 6 of 1965]
other works as it may deem fit within the said limits for the
use of the inhabitants.
(2) The council may cause existing works for the
supply of water to be maintained and supplied with water, or
it may close any such works and substitute other such
works and may cause them to be maintained and supplied
with water.
(3) The council may, if it deems fit, entrust water and
drainage works to private firms, with the previous approval
of the Government.
135. (1) Notwithstanding anything in section 133, the
Government may constitute a water board for one or more
municipalities or other local authorities for the construction
and maintenance of water works for the supply of water to
such municipalities or local authorities.
(2) The local authority or authorites, for which water
board is constituted under sub-section (1), shall, subject to
such conditions as may be prescribed, be bound to take
water from such water board on and from the date of
completion of the construction or the commencement of the
maintenance of a water works by such water board.
136. If shall not be, lawful for any person except with
permission duly given and obtained to enter upon land
belonging to, or vested in, a council along which a conduit
or pipe runs, or upon any premises connected with the
water-supply.
137. (1) Without the permission of the council, no building,
wall or other structure shall be newly erected and no street
or railway shall be constructed over any municipal water
mains.
Constitution of
water boards for
local authorities.
Trespass on
premises
connected with
water supply.
Prohibition of
building over
water mains.
[Act No. 6 of 1965] 143
(2) If any building, wall or other structure be so erected
or any street or railway be so constructed, the council may
cause the same to be removed or otherwise dealt with as
shall appear to it fit, and the expenses thereby incurred shall
be paid by the persons offending.
138. The Council shall, so far as the funds at its disposal
may admit, provide a sufficient supply of water fit for the use
of the inhabitants.
139. All connections, whether within or outside the premises
to which they belong, with any water-supply mains
constructed by a council shall be under the control of the
council, but shall be altered, repaired and kept in proper
order at the expense of the owner of the premises to which
they belong or for the use of which they were constructed
and in conformity with bye-laws and regulations framed by
the council in this behalf.
140. (1) In municipalities in which there is a pipe supply of
water 226[the $[chairman/chairperson]] may, on application
by the owner or occupier of any building arrange, in
accordance with the bye-laws, to supply water thereto for
consumption and use.
(2) Whenever it appears to the $[chairman/chairperson]
that any building assessed at an annual rental value of not
less than 227[three hundred rupees] is without a proper
supply of water for consumption and use and that such a
supply can be furnished from a main not more than thirty
meters distant water from any part of such building, the
$[chairman/chairperson] may, by notice, require the owner
to obtain such supply and to execute all such works as may
226. Substituted by Act No.5 of 1971.
227. Substituted by Act No.3 of 1994.
Council to provide
water for use.
Private water
supply for
consumption and
use and power of
the $[Chairman/
Chairperson] and
chairman/chairper
son to enforce
provision of water
supply.
Control over
connections.
144 [Act No. 6 of 1965]
be necessary for that purpose in accordance with the bye-
laws and regulations.
(3) The cost of making the connections and the cost or
hire of meters shall be borne by the owner or applicant and
shall be recoverable in the same manner as the property
tax.
141. (1) For all water supplied under section 140, payment
shall be made on such basis, at such times, and on such
conditions as may be laid down in the bye-laws made by the
council, and shall be recoverable in the same manner as the
property-tax.
(2) In particular and without prejudice to the generality
of the foregoing power, such bye-laws may,—
(a) provide for the classification of supply of water
under the following categories, namely:—
(i) supply to residential buildings;
(ii) supply to residential hotels;
(iii) supply to shops, commercial establishments
(other than industrial undertakings), restaurants, eating
houses, theatres and places of public amusement or
entertainment;
(iv) supply to industrial undertakings;
(v) supply to non-residential buildings not falling
within the scope of category (ii), category (iii) or category
(iv).
Explanation:- In this clause, unless the context
otherwise requires, the expressions‘ commercial
Power of council
to make bye-laws
for water supply.
[Act No. 6 of 1965] 145
establishment‘, ‗eating-house‘, ‗residential hotel‘,
‗restaurant‘, ‗shop‘, and ‗theatre‘, shall have the meanings
assigned to them in the 228Andhra Pradesh (Andhra Area)
Shops and Establishments Act, 1947;
(b) provide for the levy of different rates of charge in
respect of water supplied to the different categories
specified in clause (a);
(c) in cases of supply to residential buildings, lay
down the maximum free allowance to be made and the
rates of charge to be levied in respect of water supplied in
excess of such allowance; and
(d) in cases of supply to all buildings lay down that
the charge for water supplied shall be based on the number
of taps allowed, irrespective of the quantity of water
consumed.
229[142. The Government may, by notification, direct the
council 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 specified in clause (a)
of sub-section (2) of section 141 to defray the capital cost of
pipeline service works undertaken by the council 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 Council.]
228. See now the Telangana Shops and Establishments Act, 1988 (Act
No.20 of 1988). Adapted by G.O.Ms.No.5, Labour, Employment,
Training and Factories (Labour) Department, dated 01.02.2016.
229. Substituted by Act No.22 of 1990.
Levy and
collection of pipe-
line service
charges.
146 [Act No. 6 of 1965]
230[142A. (1) Whoever unlawfully breaks, or otherwise
causes any damage to any public channel, tank, reservoir,
cistern, well, fountain or stand pipe or diverts water or the
work connected with water supply or without due authority,
opens or removes any lock, cock or pipe belonging to, or
under the management or control of the Municipal Council;
or
(2) unlawfully draws or takes water from any water
works belonging to the Municipal council or under their
management or control;
shall, be punishable with a fine which may extend upto five
hundred rupees but which shall not be less than one
hundred rupees or with imprisonment not exceeding six
months.]
Supply beyond limits of municipality.
143. The council may, with the sanction of the Government
and shall, on the direction of the Government, supply water
to local authority or other person outside the municipality on
such terms, if any, as may be approved by the Government.
Disconnection of water-supply.
144. (1) The *[Commissioner] or any person authorised by
him in this behalf may cause to disconnect the supply of
municipal water from any premises where,-
(a) the premises are unoccupied;
(b) any water tax or any sum due for water for the
cost of making a connection or for the cost or hire of a
meter or for the cost of carrying out any work or test
230. Inserted by Act No.3 of 1994.
Penal action for
meddling with
water mains.
Supply beyond
the limits of
municipality.
Power to
disconnect water-
supply.
[Act No. 6 of 1965] 147
connected with the water-supply, which is chargeable to any
person by or under this Act, is not paid within fifteen days
after a bill for such tax or sum has been presented;
(c) after receipt of a notice from the *[Commissioner]
requiring him to refrain from so doing, the owner or occupier
continues to use the water or to permit it to be used in
contravention of any bye-law made under this Act;
(d) the owner or occupier neglects within a period
specified in any notice issued by the *[Commissioner]
under any bye-law made under this Act to put up a meter or
to comply with any other lawful order or requisition;
(e) the owner or occupier wilfully or negligently
damages his meter or any pipe or tap conveying municipal
water;
(f) the occupier refuses to admit the *[Commissioner]
or the person authorised into premises which he proposes
to enter for the purpose of executing any work or of placing
or removing any apparatus or of making any examination or
inquiry in connection with the water-supply, or prevents the
*[Commissioner] or the person authorised from doing such
work, placing or removing such apparatus or making such
examination or inquiry;
(g) any pipes, taps, works or fittings connected with the
municipal water-supply are found on examination by the
*[Commissioner] or the person authorised to be out of
repair to such an extent as to cause waste or contamination
of water;
(h) the owner or occupier causes pipes, taps, works or
fittings connected with the municipal water supply to be
placed, removed, repaired or otherwise interfered with in
violation of the bye-laws:
148 [Act No. 6 of 1965]
Provided that in a case falling under clauses (e), (f), (g)
or (h), the *[Commissioner] or the person authorised shall
not take action, unless notice of not less than twenty-four
hours is given to the owner or occupier of the premises.
(2) The expenses of disconnecting the supply shall be
paid by the owner or occupier of the premises.
(3) In cases falling under clause (b) of sub-section (1),
as soon as any money for non-payment of which water is
disconnected together with the expense incurred thereof is
paid by the owner or occupier, the *[Commissioner] shall
cause water to be supplied as before on payment of the
cost, if any, of reconnecting the premises with the municipal
water works.
(4) No action taken under this section shall relieve any
person from any penalties or liabilities which he may
otherwise have incurred.
145. Notwithstanding anything in any agreement, the
council shall not be liable to any penalty or damages for
disconnecting supply of water or for not supplying water, in
the case of any drought, or other unavoidable cause or
accident, or the necessity for relaying or repairing pipes.
Lighting.
146. The council shall, so far as the funds at its disposal
permit, cause the public streets to be lighted and for that
purpose shall provide such lamps and works as it thinks
necessary.
Non-liability of
council for
disconnection or
stoppage of
supply in certain
cases.
Provision for
lighting public
streets.
[Act No. 6 of 1965] 149
Public Drainage.
147. The council shall, so far as the funds at its disposal
may permit, provide and maintain a sufficient system of
public drains.
231[147A. The Government may, by notification direct the
council to levy and collect pipe-line service charges from
every owner or occupier of a premises, to which
underground drainage connection has been given at such
rate as may be prescribed to the different categories
specified therein to defray the capital cost of sewerage and
sewage treatment works undertaken by the council and the
operation and maintenance of the sewerage 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 sewerage system by the
Council.]
148. (1) For the discharge of drainage from private premises
by connecting house-drains with municipal drains, payment
shall be made under any one of the basis mentioned in sub-
section (2) which the council may, by resolution, specify, at
such times, and on such conditions as may be laid down in
the bye-laws made by the council and shall be recoverable
in the same manner as the property tax.
(2) The basis referred to in sub-section (1) shall be the
following:-
(a) a monthly rent at such rate for each building as
may be laid down in the bye-laws;
231. Added by Act No.6 of 1999.
Maintenance of
system of
drainage by
council.
Acceptance of
contributions
towards the
capital cost of
underground
drainage.
Owners of
buildings to pay
for clearance of
sullage from their
buildings by
connecting their
house-drains with
public drains.
150 [Act No. 6 of 1965]
(b) such percentage of the capital value of the
building as may be laid down in the bye-laws;
(c) the number of taps allowed, irrespective of the
quantity of water consumed.
Private Drainage.
149. All house-drains whether within or outside the premises
to which they belong and all private latrines and cesspools
within the municipality shall be under the control of the
council but shall be altered, repaired, cleansed and kept in
proper order at the expense of the owner of the premises to
which the same belong or for the use of which they were
constructed, and in conformity with bye-laws and
regulations framed by the council in this behalf.
150. 232[(1) The Commissioner shall, on an application by
the owner or occupier of any premises or the owner of
private street, arrange in accordance with the bye-laws, for
the connection of the applicant‘s drain with any public drain,
and where there is underground sewer, any private latrine
with any underground sewer, at a distance not exceeding
one hundred metres therefrom at the applicant‘s expense.
(2) (a) If there is a public drain or underground sewer
or outfall within a distance not exceeding thirty metres of the
nearest point on any premises, or if within such distance, a
public drain or underground sewer or out-fall is about to be
provided or is in the process of construction, the
Commissioner may, by notice, direct the owner or occupier
of the said premises to construct a drain leading therefrom
to such drain or underground sewer or place of out-fall, and
to execute all such works, as may be necessary in
232. Substituted by Act No.45 of 1976.
Control over
house-drains
privies and
cesspools.
Connection of
house-drains or
private latrines
with public drains
or underground
sewers.
[Act No. 6 of 1965] 151
accordance with the bye-laws and regulations at owner‘s
expense.
(b) Where the said owner or occupier fails to comply
with the notice specified in clause (a) within fifteen days of
its service, the Commissioner may construct the said drain
and may direct that the expenses of constructing it shall be
recovered in the same manner as property tax.
(3) If any premises are, in the opinion of the
Commissioner, without sufficient means of effectual
drainage, but no part thereof is situated within thirty metres
of a public drain or underground sewer or its, place of out-
fall, the Commissioner may, by notice, direct the owner or
occupier of the said premises to construct a cess-pool or
septic tank or filters of such material dimensions and
description in such position and at such level as the
Commissioner thinks necessary, and to construct a drain or
drains emptying into such cess-pool, tank or filters, and to
execute all such works as may be necessary in accordance
with the bye-laws and regulation:]
Provided that,-
(a) no requisition shall be made under this section on
any person who has been exempted from payment of the
property tax under sub-section (5) of section 88; and
(b) no person shall be required under this section to
expend a sum exceeding ten times the property tax on any
such building, with the land assessed with it as part of the
same premises or, in the case of buildings exempted under
section 88, ten times the property tax which would be
payable on such building with the land which would be
assessed with it to the property tax, if such building were not
exempt; and if any amount exceeding the said sum is
expended, the excess shall be borne by the council.
152 [Act No. 6 of 1965]
151. (1) Where a drain connecting any premises with a
public drain or other place set apart by the council for
discharge of drainage is sufficient for the effectual drainage
thereof and is otherwise unobjectionable, but is not, in the
opinion of the *[Commissioner] adapted to the general
drainage system of the municipality or of the part of the
municipality in which such drain is situated, the
*[Commissioner] with the approval of the council may,-
(a) subject to the provisions of sub-section (2), close,
discontinue or destroy the said drain and do any work
necessary for that purpose; or
(b) direct that such drain shall, from such date as he
specifies in this behalf, be used for sullage and sewage only
or for water unpolluted with sullage or sewage only, and by
notice require the owner of the premises to make, at his own
expense, an entirely distinct drain for water unpolluted with
sullage or sewage or for sullage and sewage.
(2) No drain may be closed, discontinued or destroyed
by the *[Commissioner] under clause (a) of sub-section (1),
except on condition of his providing another drain as
effectual for the drainage of the premises and
communicating with a public drain or other place aforesaid;
and the expense of the construction of any drain so
provided by the *[Commissioner] and of any work done
under clause (a) of sub-section (1) shall be paid by the
council.
152. (1) When the *[Commissioner] is of opinion that any
group or block; of premises, any part of which is situated
within thirty metres of a municipal drain already existing or
about to be provided or in the process of construction, may
be drained more economically or advantageously in
combination than separately, the *[Commissioner] may
cause such group or block of premises to be drained and
Power of
Commissioner to
drain premises in
combination.
Commissioner
may close or limit
the use of existing
private drains.
[Act No. 6 of 1965] 153
the expenses incurred by the *[Commissioner] in so doing
shall be paid by the owners in such proportions as the
*[Commissioner] may decide.
(2) Not less than fifteen days before any work under
this section is commenced, the *[Commissioner] shall give
notice to the owners of,-
(a) the nature of the intended work,
(b) the estimated expenses thereof, and
(c) the proportion of such expenses payable by each
owner.
(3) The owners, for the time being, of the several
premises constituting a group or block, drained under sub-
section (1), shall be the joint owners of every drain
constructed, erected or fixed, or continued for the special
use and benefit only of such premises and shall, in the
proportion in which it is determined that they are to
contribute to the expenses incurred by the *[Commissioner]
under sub-section (1), be responsible for the expense of
maintaining every such drain in good repair and efficient
condition.
153. (1) Without the permission of the council, no person
shall place or construct any fence, building, culvert, drain
covering, drain or other structure or any street, railway or
cable over, under, in or across, without any public drain, or
stop up, divert, obstruct or in any way interfere with, any
public drain, whether it passes through public or private
ground.
(2) The *[Commissioner] may remove or otherwise
deal with anything placed or constructed in contravention of
sub-section (1) as he shall think fit and the cost of so doing
Building etc., not
to be erected
without
permission over
drains.
154 [Act No. 6 of 1965]
shall be recoverable from the owner thereof in the manner
provided in section 364.
154. (1) The *[Commissioner] may by notice require the
owner or occupier of any building or land adjoining a public
street to construct culverts or drain-coverings over the side-
channels or ditches at the entrances to the said building or
land.
(2) All culverts or drain-coverings or pails maintained
over side channels or ditches by the owners or occupiers of
adjacent buildings or lands shall be of such form and size
and consist of such materials and be provided with such
means of ventilation as the *[Commissioner] may by notice
require and shall be maintained and kept free from all
obstruction at the expense of the said owners or occupiers.
155. (1) The owner or occupier of any building in a public
street shall, within fifteen days after receipt of notice in that
behalf from the *[Commissioner] put up and thenceforward,
keep and maintain in good condition proper troughs and
pipes built and fixed in accordance with the directions, if
any, issued by the *[Commissioner] or contained in the bye-
laws of the council, for catching and carrying the water from
the roof and other parts of such building and for discharging
such water in such manner as the *[Commissioner] may
permit.
(2) For the purposes of efficiently draining any building
or land, the *[Commissioner] may, by notice,-
(a) require any courtyard, alley or passage between
two or more buildings to be paved by the owners of such
buildings with such materials and in such manner as may be
approved by him; and
Construction of
culverts or drain-
coverings by
owner or
occupier.
Power to regulate
discharge of water
from building or
land.
[Act No. 6 of 1965] 155
(b) require such pavement to be kept in proper
repair.
Public latrines.
156. The council shall, as for as the funds at its disposal
may permit, provide and maintain in proper and convenient
places a sufficient number of public latrines and urinals and
shall cause the same to be daily cleansed and kept in
proper order.
233[156A. (1) On receipt of an application from any person in
the prescribed form and on payment of the fee prescribed,
the Commissioner may issue a license for a period not
exceeding one year for maintaining a latrine or urinal for
public use.
(2) No person shall keep or maintain a public latrine or
urinal without a license under sub-section (1).
(3) Every licensee of a public latrine or urinal shall
maintain it cleanly and keep it in proper order.]
Private Latrines
157. (1) The municipal health officer may by notice require
the owner or occupier of any building within the time
specified in such notice to provide a latrine or alter or
remove from an unsuitable to more suitable place any
existing latrine in accordance with the direction contained in
such notice for the use of the parsons employed in or about
or occupying such building and to keep it clean and in
proper order.
233. Inserted by Act No.3 of 1994.
Provision of public
latrines and
urinals.
Licensing of
Public latrines and
urinals.
Provision of
latrines by owner
or occupier.
156 [Act No. 6 of 1965]
(2) Every owner or occupier of the ground on which
any group of six or more huts stands shall provide latrines of
such description and number and in such position as the
municipal health officer may by notice require within such
time as may be fixed in the notice for the use of the
inhabitants of such huts.
(3) Where the owner or occupier of the building or
ground has made any default in providing any such latrine
within the time specified, 234[the $[chairman/chairperson]]
may construct the latrine and may direct that the expense of
constructing it shall be recovered in the same manner as the
property tax.
158. Every person employing workmen, labourers or other
persons exceeding ten in number, shall provide and
maintain, for the separate use of persons of each sex so
employed, latrines of such description and number, and in
such position, as the municipal health officer may, by notice
require, within such time as may be fixed in the notice.
159. The municipal health officer may by notice require the
owner or manager of a market, cart-stand, cattle-shed,
choultry, theatre, railway station, dock, wharf or other place
of public resort within the time specified in such notice to
provide and maintain for the separated use of persons of
each sex, latrines of such description and number and in
such position as may be specified in such notice.
General powers.
160. All latrines shall be so constructed as to screen
persons using the same and the filth from the view of the
persons passing by or residing in the neighbourhood and
shall be kept clean and in proper order.
234. Substituted by Act No.29 of 1978.
Provision of
latrines for
labourers.
Provision of
latrines for
markets, cart-
stands, cattle-
sheds, choultries,
etc.
Latrines to be
screened from
view and kept
clean.
[Act No. 6 of 1965] 157
161. The *[Commissioner] may carry any cable, wire, pipe,
drain or channel of any kind to establish or maintain any
system of drainage, water-supply or lighting, through,
across, under, or over any road, street or place laid out for a
road or street, and after giving reasonable notice to the
owner or occupier, through, across, under, over or up the
side of any land or building in the municipality and may
place and maintain posts, poles, standards, brackets, or
other contrivances, to support wires and lights on any pole
or post in the municipality not vested in the Government and
may do all acts necessary or expedient for repairing or
maintaining any such cable, wire, pipe, drain, channel, post,
pole, standard, bracket, or other similar contrivance in an
effective state for the purpose of which it is intended to be
used or for removing the same.
Provided that such work shall be done so as to cause
the least practicable nuisance or inconvenience to any
person:
Provided further that the *[Commissioner] shall, with
the sanction by the council, pay compensation to any
person who sustains damage exercise of such power.
162. (1) No person shall, without the permission of the
*[Commissioner] make any connection with any municipal
cable, wire, pipe, drain, channel or with the connection of
any other person.
(2) The *[Commissioner] may by notice require any
connection made in contravention of sub-section (1) to be
demolished, removed, closed, altered or remade.
163. (1) The Council shall not undertake new works beyond
the limits of the municipality without the sanction of the
Government.
Power to carry
wire, pipes,
drains, etc.,
through private
property subject
to causing as little
inconvenience as
possible and
paying for direct
damage.
Prohibition
against making
connection with
mains without
permission.
Powers in respect
of works outside
the municipality.
158 [Act No. 6 of 1965]
(2) The Council may, in the execution and for the
purpose of any works beyond the limits of the municipality
sanctioned by the Government whether before or after the
passing of this Act, exercise all the powers which it may
exercise within the municipality throughout the line of the
country through which conduits, channels, pipes, lines of
posts and wires and the like run, and with the sanction of
the Government,-
(a) over any lake, tank or reservoir from which a
supply of water for drinking, for producing electric energy or
for other purposes is derived and over all lands within one
kilometre water level of any such lake, tank or reservoir;
(b) over any water-course from which a supply of
water for drinking, for producing electric energy or for other
purposes is derived within one kilometre above and half
kilometre below any point at which water is taken for such
use; and
(c) over any lands used for sewage, farms, sewage
disposal tanks, filters and other works connected with the
drainage of the municipality.
CHAPTER II
SCAVENGING.
164. The council shall make adequate arrangements for,-
(a) the regular sweeping and cleansing of the streets
and removal of sweepings therefrom;
(b) the daily removal of filth and the carcasses of
animals from private premises;
(c) the daily removal of rubbish from dustbins and
private premises, and with this object, it shall provide,-
Council to
arrange for the
removal of
rubbish and filth
and for the
preparation and
sale of compost.
[Act No. 6 of 1965] 159
(i) depots for the deposits of filth, rubbish and the
carcasses of animals;
(ii) covered vehicles or vessels for the removal of filth;
(iii) vehicles or other suitable means for the removal
of the carcasses of large animals and rubbish;
(iv) dustbins for the temporary deposit of rubbish;
(d) utilization of road sweepings, rubbish and filth for
preparation of compost and its sale;
(e) the utilization of carcasses of animals for the supply
of bones for the purpose of manures and its sale.
165. Where a mosque, temple, mutt, or any place of
religious worship or instruction or any place which is used
for holding fairs, festivals or for other like purposes, is
situated within the limits of a municipality 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 council and the council may require
the trustee or other person having control over such place to
make such recurring or non-recurring contribution as the
Government may determine to the funds of the council.
166. No person shall, after due provision has been made
under of improper section 164 by the council for deposit
and removal of the same,—
(a) deposit the carcasses of animals, rubbish or filth, in
any street, or on the verandah of any building, or on any
unoccupied ground alongside any street, or any public
Contribution from
persons having
control over
places of
pilgrimage.
Prohibition of
improper disposal
of carcasses,
rubbish and filth.
160 [Act No. 6 of 1965]
quarry, jetty or landing place, or on the bank of a water-
course or tank; or
(b) deposit filth or carcasses of animals in any dustbin
or in any vehicle not intended for the removal of the same;
or
(c) deposit rubbish in any vehicle or vessel intended for
the removal of filth save for the purpose of deodorizing or
disinfecting the filth.
167. No owner or occupier of any premises shall keep or
allow to be kept for more than forty-eight hours night soil,
putrid, purifying substances or any offensive matter on such
premises of any building or on the roof thereof or in any out
building or any place thereof, or fail to comply with any
requisition of the municipal health officer as to the
construction, repair, paving or cleansing of any latrine, on or
belonging to, his premises.
168. No owner or occupier of any premises shall allow water
from any sink, drain, latrine or stable, or any other filth to
flow out of such premises to any portion of a street except a
drain or a cess-pool or to flow out of such premises in such
manner as to cause an avoidable 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 a street.
169. No person shall, in the removal of filth, use any cart or
receptacle not having a proper covering for preventing the
escape of the contents thereof, or of the stench therefrom,
or intentionally or negligently spill any filth in the removal
thereof, or omit carefully to sweep and clean every place in
which any such filth has been spilled or placed or set down
in any public place any filth whether in a vessel closed or
open.
Prohibition
against keeping
night soil etc.
Prohibition
against allowing
outflow of filth.
Prohibition
against using any
cart without cover
in the removal of
filth, etc.
[Act No. 6 of 1965] 161
170. No person shall put or cause to be put any rubbish or
filth into any public drain not intended for rubbish or filth or
into any drain communicating with any such public drain.
235[170A. Every municipal council shall arrange for the
disposal of the waste collected by it in such manner as may
be prescirbed.]
CHAPTER III - STREETS.
PUBLIC STREETS.
171. (1) The council shall, at the cost of the municipal fund,
cause the public streets and bridges to be maintained and
repaired and may, from the same fund, meet the cost of all
improvements to the same which are necessary or
expedient for the public safety or convenience:
236[Provided that the powers of the council under this
sub-section shall also be exercisable by the $[chairman/
chairperson] where the cost of maintenance, repair or
improvement does not exceed,-
(a) rupees one thousand five hundred per annum in
the case of a second grade or third grade municipality;
(b) rupees three thousand per annum in the case of
any other municipality.]
(2) The council may entrust to any other local authority
with the consent of such authority the maintenance of any
public street or portion thereof, the cost of maintenance
being provided by the Council.
235. Section 170A inserted by Act No.3 of 1994.
236. Proviso added by Act No.29 of 1978.
Prohibition
against throwing
rubbish or filth
into drains.
Disposal of waste.
Maintenance and
repair of streets.
162 [Act No. 6 of 1965]
237[171-A. (1) Notwithstanding anything contained in this Act,
it shall be competent for the Government or any other
agency authorised by them in this behalf to exercise the
powers of the council and the Commissioner vested in them
by or under this Act for the purpose of repairing the public
streets and bridges vested in the Council and also to lay
new roads at their own expense in public interest.
(2) For the purpose of enabling the Government or the
agency authorised by them to undertake repairs under sub-
section (1), the public streets and bridges shall vest in the
Government temporarily from a date to be notified by them
in this behalf and thereupon it shall be competent for the
Government to take over possession of the public streets
and bridges from the said date. The public streets and
bridges or any new roads laid under sub-section (1) shall
continue to vest in the Government until the notification is
revoked and thereafter stand transferred to the Council.
(3) It shall be the duty of the Council and the
Commissioner to carry out any directions issued by the
Government for the purposes of sub-sections (1) and (2).]
172. (1) The council may,-
(a) lay out and make new public streets;
(b) construct bridges and sub-ways;
(c) turn, divert, or with the special sanction of the
Government, permanently close any public street or part
thereof;
(d) widen, open, extend or otherwise improve any
public street.
237. Section171-A inserted by Act No.11 of 1991.
Powers of
municipal
authorities.
Government‘s
power to repair
the public streets
vested in the
municipal council.
[Act No. 6 of 1965] 163
(2) The owners and occupiers of any land or buildings
which are acquired for, or affected by, any such purposes
shall be paid such reasonable compensation as may be
determined by the executive committee.
173. (1) When a public street is permanently closed under
section 172, the council may, with the sanction of the
Government, dispose of the site or of so much thereof as is
no longer required, in such manner as may be approved by
the Government, provided that due compensation is made
to any person injured by such closing.
(2) In determining such compensation, allowance shall
be made for any benefit accruing to the same premises or
any adjacent premises belonging to the same owner from
the construction or improvement of any other public street at
or about the same time that the public street, on account of
which the compensation is paid, is closed.
174. (1) The council may acquire,-
(a) any land required for the purpose of turning,
diverting, opening, widening, extending, or otherwise
improving any public street, or of making any new public
street, and the buildings, if any, standing upon such land;
and
(b) any land outside the proposed street alignment,
with the buildings, if any, standing thereupon:
Provided that in any case in which it is decided to
acquire any land under clause (b) of this sub-section, the
owner of such land may retain it by paying to the council an
annual sum to be fixed by the council in that behalf, or a
lumpsum to be fixed by the council, not being less than
twenty-five times such annual sum and subject to such
conditions as the council thinks fit as to the removal of the
Power to dispose
of permanently
closed streets.
Acquisition of land
and buildings for
improvement of
streets.
164 [Act No. 6 of 1965]
existing building, if any, the description of the new building,
if any, to be erected, the period within which the new
building, if any, shall be completed and any other similar
matters.
(2) If any sum payable in pursuance of the proviso to
sub-section (1) in respect of any land be not duly paid, it
shall be recoverable in the manner provided by this Act for
the collection of taxes, and, if not so recovered, the
*[Commissioner] may enter upon the land, and sell it with
any erections standing thereon, by public auction subject to
the conditions, if any, imposed under sub-section (1) above
and may deduct the said sum and the expenses of the sale
from the proceeds of the sale and shall pay the balance, if
any, to the defaulter.
(3) Any sum paid in pursuance of the proviso to sub-
section (1) or recovered under sub-section (2) in respect of
any land shall be left out of account in determining the
capital value or the annual rental value of such land for the
purpose of assessing it to the property tax.
(4) Any land or building acquired under clause (b) of
sub-section (1) may be sold, leased or otherwise disposed
of after public advertisements, and any conveyance made
for that purpose may comprise such conditions as the
council thinks fit as to the removal of the existing building, if
any, the description of the new building, to be erected, the
period within which the new building, if any, shall be
completed and any other similar matters.
(5) The council may require any person to whom any
land or building is transferred under sub-section (4) to
comply with any conditions comprised in the said
conveyance before it places him in possession of the land
or building.
[Act No. 6 of 1965] 165
175. (1) The council may,-
(a) specify for any public street a building line or a
street alignment or both;
(b) from time to time, define a fresh line in
substitution for any line so defined or for any part thereof:
Provided that in either case,-
(i) at least one month before the meeting of the
council at which the matter is decided, public notice of the
proposal has been given and special notice thereof has also
been put up in the street or part of the street for which such
line is proposed to be defined; and
(ii) the council has considered all objections to the
said proposal made in writing and delivered at the municipal
office not less than three clear days before the day of such
meeting.
(2) A register with plans attached shall be kept by the
*[Commissioner] showing all publicities in respect of which
a building, lane or street alignment or both have been
specified and such register shall contain such particulars as
may appear to the *[Commissioner] to be necessary and
shall, at all reasonable times, be open for public inspection.
176. (1) No person shall construct any portion of any
building Buildings within a street alignment defined under
section 175.
(2) No person shall erect or add to any building
between a street alignment and a building line defined
under section 175 except with the permission of the
*[Commissioner] who may, when granting the permission,
Power to specify
building line and
street alignment.
Buildings not to
be constructed
within street
alignment or
building line.
166 [Act No. 6 of 1965]
impose such conditions as the council may lay down for
such cases.
177. (1) When any building or part thereof abutting on a
public street is within a street alignment defined under
section 175, the *[Commissioner] may, whenever it is
proposed,-
(a) to rebuild such buildings or take it down to an
extent exceeding one half thereof above the ground level,
such half to be measured in cubic centimetres, or
(b) to remove, reconstruct or make any addition, to
any portion of such building which is within the street
alignment, by an order require such building, addition or
alteration to be set back to the street alignment:
Provided that such setting back shall not be required
in respect of such building or a portion thereof which has
not been demolished and rebuilt.
(2) When any building or any part thereof within the
street alignment falls down or is burnt down or is, whether
by order of the *[Commissioner] or otherwise, taken down,
or when any private land without any building thereon lies
within the street alignment, the *[Commissioner] may
forthwith take possession on behalf of the council of the
portion of land within the street alignment, and, if necessary,
clear it.
(3) Land acquired under this section shall be deemed a
part of the public street and shall vest in the council.
(4) When any building is set back in pursuance of any
requisition made under sub-section (1), or when the
*[Commissioner] takes possession of any land under sub-
section (2), the council shall, within ninety days from the
Setting back
projecting
buildings or walls.
[Act No. 6 of 1965] 167
date of such setting back or taking possession, make full
compensation to the owner for any direct damage which he
may sustain thereby.
Explanation:- The expression ‗direct damage‘, as used
in sub-section (4) with reference to land, means the market
value of the land taken and the depreciation, if any, in the
ordinary market value of the rest of the land resulting from
the area being reduced in size; but does not include
damage due to the prospective loss of any particular use to
which the owner may allege that he intended to put the land,
although such use may be injuriously affected by the
reduction of the site.
178. The council may, upon such terms as it thinks fit, allow
any building to be set forward for the purpose of improving
the line of a public street and may, by notice, require any
building to be so set forward in the case of re-construction
thereof or of a new construction.
Explanation:- For the purpose of this section, a wall
separating a premises from a public street shall be deemed
to be a building; and shall be deemed a sufficient
compliance with permission or requisition to set forward a
building to the street alignment, if a wall of such material
and dimensions as are approved by the *[Commissioner] is
erected along the side line.
179. (1) The council may prepare schemes and plans of
proposed public streets showing the direction of such
streets, the street alignment and building line on each side
of them, their intended width and such other details as may
appear desirable.
(2) The width of such proposed streets shall not
ordinarily be less than twelve metres, or in any area covered
by huts, nine metres.
Setting buildings
forward to
improve line of
street.
Projected streets.
168 [Act No. 6 of 1965]
(3) It shall be the duty of the council to lay out public
streets in areas covered by huts, so far as may be
practicable, both for the purpose of securing proper
ventilation for huts in such areas, and in view of the
contingency of buildings being erected therein.
(4) When any plan has been prepared under sub-
section (1), the street to which it refers shall be deemed to
be a projected public street, and the provisions of section
177 shall apply to all buildings, so far as they stand across
the street alignment or building line of the projected street.
180. The council shall, so far as it considers it requisite for
the public convenience, and so far as funds permit, cause
the chief public streets to be watered, and for that purpose
may provide such water-carts, animals and apparatus as it
thinks necessary.
181. The *[Commissioner] may by an order in writing
temporarily close any street to traffic for repair, or in order to
carry out any work connected with drainage, water-supply
or lighting or any of the purposes of this Act:
Provided that such work shall be completed and such
street reopened to traffic with all reasonable speed.
182. It shall not be lawful for any person, without the
permission of the *[Commissioner] to displace, take up, or
make any alteration in the fences, posts, pavements, flags,
or other materials of any public street.
183. When by a certificate of an officer of the Government of
a rank not below that of executive engineer, it appears to the
council, that having regard to the average expense of
repairing roads in the neighbourhood, extra-ordinary
expenses have been incurred by the council in repairing a
street by reason of the damage caused by excessive weight
Protection of
appurtenances
and materials.
Power of
municipality to
recover expanses
caused by
extraordinary
traffic.
Temporary
closure of streets.
Watering of
streets.
[Act No. 6 of 1965] 169
passing along the street, or extraordinary traffic thereon, the
council may recover, in the civil court having jurisdiction,
from any person by or in consequence of whose order such
weight or traffic has been conducted, the amount of such
expenses as may be proved to the satisfaction of such court
to have been incurred by such council by reason of the
damage arising from such weight or traffic as aforesaid:
Provided that any person against whom expenses are
or may be recoverable under this section, may enter into as
agreement with the council for the payment to it of a
compensation in respect of such weight or traffic and
thereupon the persons so paying shall not be subject to any
proceedings under this section.
Private Streets.
184. (1) The owner of any agricultural land who intends to
utilise or sell such land for building purposes shall pay to
the council such conversion fee as may be fixed by the
council, not being less than twenty-five paise and not more
than one rupee per square metre:
238[Provided that no such conversion fee shall be
payable where an agricultural land belonging to charitable,
religious or such other institutions as may be prescribed is
intended to be utilised or sold for building purposes.]
(2) The owner of any land shall, before he utilises, sells,
leases, or otherwise disposes of such land or any portion
thereof, as sites for construction of buildings,—
(a) make a layout and form a street or road giving
access to sites and connecting them with an existing public
238. Added by Act No.5 of 1971.
Owner‘s
obligation to
make a layout and
to form a street or
road when
disposing of lands
as building sites.
170 [Act No. 6 of 1965]
or private street except in the cases where the sites abut on
an existing public or private street;
(b) set apart in the layout adequate area of land on
such a scale as may be prescribed for a playground, a park,
an educational institution or for any other public purpose.
(3) Unless the conditions specified in clauses (a) and
(b) of sub-section (2) are satisfied, the owner shall not be
entitled to utilise, sell, lease, or otherwise dispose of his land
or any portion thereof for the construction of buildings.
(4) No permission for the construction of buildings in
such land or portion thereof shall be granted unless,-
(i) the street or road as required in clause (a) of sub-
section (2) is laid out and the condition required in clause
(b) thereof is fulfilled;
(ii) all layouts indicating sub-divisions of land,
however small they are, are approved by the council;
(iii) any proposal for sub-division before it is
registered in the records of the municipality is certified by
the town planning officer as having been approved;
(iv) in all cases of sub-division,-
(a) the plot is not less than the size fixed by the
council from time to time;
(b) the streets and lanes proposed conform to the
minimum standards fixed by the council.
[Act No. 6 of 1965] 171
239[(v) a copy of the title deed of the land duly attested
by a Gazetted Officer of the Government together with an
urban land ceiling clearance certificate, in case the extent of
land exceeds the ceiling limit and if it does not exceed the
ceiling limit an affidavit declaring that the total extent of land
held by such holder, his or her spouse and unmarried minor
children does not exceed the ceiling limit are furnished.]
185. (1) Any person intending to make a layout and form a
new private street or road shall send to the municipal office
a written application with plans and sections showing the
following particulars namely:—
(a) the intended level, direction and width of the
street;
(b) the street alignment and the building line;
(c) the arrangements to be made for levelling, paying,
metalling, flagging, channelling, sewering, draining,
conserving, lighting the street, and the provision for water-
supply mains; and
(d) the area set apart for public purposes under
clause (b) of sub-section (2) of section 184;
239[(e) a copy of the title deed of the land duly attested
by a Gazetted Officer of the Government together with an
urban land ceiling clearance certificate, or as the case may
be an affidavit, referred to in section 184.]
(2) In addition to the particulars referred to in sub-
section (1), such person shall,-
239. Added by Act No.7 of 1992.
Making of a layout
and forming of
new private street
or road.
172 [Act No. 6 of 1965]
(i) where there is conversion of agricultural land,
enclose a certificate to the effect that conversion fee as
required under sub-section (1) of section 184 has been
paid; and
(ii) for the purpose of fulfilling the obligations
imposed, under section 184, deposit as security such
amount, as may be prescribed, in the municipal treasury, or
give as security in favour of the municipality and such extent
of the land, and of such value, as may be prescribed, in the
area covered by his layout.
(3) 240[The *[Commissioner] shall, within fifteen days
from the date of its receipt in the municipal office, call for
further particulars, where necessary, or forward the same to
the Director of Town Planning. Where further particulars are
called for, they shall be furnished by the applicant within ten
days from the date of receipt of the notice by him and the
Commissioner shall forward to the Director of Town
Planning] the layout plan with full particulars within a period
of fifteen days from the date of receipt of particulars from the
applicant. The Director of Town Planning shall, within sixty
days from the date of receipt of the layout plan in his office,
forward his recommendations to the municipality. The
council may, within sixty days from the date of receipt of the
recommendation of the Director of Town Planning, sanction
the layout having due regard to such recommendations and
subject to such conditions as it may deem fit or refuse to
sanction for reasons to be recorded in writing.
(4) Such sanction may be refused on any of the
following grounds, namely,-
(i) if, in the opinion of the council, the proposed street
or road is likely to disturb any arrangements made or to be
240. Beginning portion substituted by Act No.5 of 1971.
[Act No. 6 of 1965] 173
made, for carrying out of any general scheme for the laying
out of street or road either in the master plan or a detailed
town planning scheme prepared therefor under the relevant
law relating to the town planning for the time being in force;
(ii) if the proposed street or road in the layout does
not conform to the provisions of the Act, or the rules made
thereunder;
(iii) if the proposed street or road is not so designed
as to connect at least at one end with a street which is
already open; or
(iv) if adequate area has not been set apart for public
purposes under clause (b) of sub-section (2) of section 184;
241[(v) If a copy of the title deed of the land duly
attested by a Gazetted Officer of the Government together
with an urban land ceiling clearance certificate, or as the
case may be an affidavit referred to in section 184 are not
furnished as required under sub-section (1) thereof.]
(5) No person shall make a layout and form any new
private street or road without, or otherwise than in
conformity with, the orders of the council. If further
information is called for, no steps shall be taken to make a
layout and form the street or road until orders are passed in
that regard. Any application not disposed of within a period
of one hundred and fifty days from the date of receipt in the
municipal office of the required particulars in respect of such
application, shall be deemed to have been sanctioned in
accordance with the provisions of this Act.
241. Added by Act No.7 of 1992.
174 [Act No. 6 of 1965]
186. (1) If any person makes a layout and forms any street
or road referred to in section 185 without, or otherwise than
in conformity with, the orders of the council, the
*[Commissioner] may, whether or not such person be
prosecuted under this Act, by notice,-
(a) require such person to show sufficient cause, by a
written statement signed by him and sent to the
*[Commissioner] on or before such days as may be
specified in the notice, why such street or road should not
be altered to the satisfaction of the *[Commissioner] or if
such alteration be impracticable, why such street or road
should not be demolished; or
(b) require such person to appear before the
*[Commissioner] either personally or by a duly authorised
agent on such day and at such time and place as may be
specified in the notice, and show cause as required in
clause (a).
(2) If any person on whom such notice is served fails to
show cause to the satisfaction of the *[Commissioner] why
such street or road should not be so altered or demolished,
the *[Commissioner] may pass an order directing the
alteration or demolition of such street or road.
187. (1) Where any private street or road or part thereof, is
not levelled, paved, metalled, flagged, channelled, sewered,
drained, conserved or lighted, or where in any street or road
water supply mains are not laid, to the satisfaction of
*[Commissioner], he may, by notice, require the owner of
the land which abuts on such street or road or part thereof
to carry out any work specified in such notice within such
time as is fixed therein.
(2) Where such work is not carried out within the time
specified in the notice, the *[Commissioner] may, if he
Alteration or
demolition of
street or road
made in breach of
section 185.
Power of
Commissioner to
order work to be
carried out or to
execute it in
default.
[Act No. 6 of 1965] 175
thinks fit, execute it and the expenses incurred therefor as
determined by him shall be paid by the owner.
(3) Where the owner of such land fails to pay the
expenses due from him under sub-section (2), the
*[Commissioner] shall deduct the same from the deposit
made by him or, as the case may be, from the amount
realised by auctioning the land given as security by him,
under clause (ii) of sub-section (2) of section 185 and refund
to him the balance, if any. Where the deposit or the amount
realised by auctioning the land given as security is not
sufficient to meet the expenses, the balance of the expenses
shall be recovered from him in the same manner as property
tax.
(4) The amount deposited or the land given as security,
under clause (ii) of sub-section (2) of section 185, may be
refunded or released only on the production of a certificate
from the municipal engineer that the owner has fulfilled the
obligations imposed under this sections and section 184 or
where the council is satisfied that the owner has given up
his intention to make a layout and form a new private street
or road.
Explanation:- In this section, ‗the owner‘ means the
person referred to in section 185.
188. If any street has been levelled, paved, metalled,
flagged, channelled, drained, conserved and lighted under
the provisions of section 187, such street shall, on the
requisition of not less than three-fourths of the owners
thereof, be declared a public street by notification in the
District Gazette or, where there is no such District Gazette in
the 242Telangana Gazette.
242. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Right of owner to
require street to
be declared
public.
176 [Act No. 6 of 1965]
Encroachments on streets.
189. No one shall build any wall or erect any fence or other
obstruction or projection or make any encroachment in or
over any street except as hereinafter provided.
190. All streets vested in, or to be vested in, or maintained
by a council, shall be open to all persons.
191. (1) No door, gate, bar, or ground-floor window shall,
without a licence from the *[Commissioner] be hung or
placed so as to open outwards upon any street.
(2) The *[Commissioner] may, by notice, require the
owner of such door, gate, bar or window to alter it so that no
part thereof when open shall project over the street.
243[192. (1) The Commissioner may cause to be removed or
altered,-
(a) any projection, encroachment or obstruction (other
than a door, or gate or a necessary access thereto, or bar or
ground-floor windows) situated against, or in front of such
premises and in, or over any street;
(b) any article whatsoever, hawked or exposed for sale
in a public place or in any public street in contravention of
the provisions of this Act, together with any vehicle,
package, box or any other thing in or on which such article
is placed.
(2) If the owner or occupier of the premises proves that
any such projection, encroachment or obstruction under
clause (a) of sub-section (1) has existed for a period
sufficient under the law of limitation to give any person a
243. Substituted by Act No.45 of 1976.
Prohibition
against
obstruction in or
over streets.
Streets open to
all.
Prohibition and
regulation of
doors, ground
floor windows and
bars opening
outwards.
Removal of
encroachments.
[Act No. 6 of 1965] 177
prescriptive title thereto or that it was erected or made with
the permission or licence of any municipal authority duly
empowered in that behalf, and that the period, if any, for
which the permission or licence is valid has not expired, the
council shall make reasonable compensation to every
person who suffers damage by the removal or alteration of
the same.
(3) No decision made or order passed or proceeding
taken by the Commissioner effecting removal of
encroachments shall be called in question before a civil
court in any suit, application or other proceeding and no
injunction shall be granted by any court in respect of any
proceeding taken or about to be taken by the
Commissioner.]
193. (1) The *[Commissioner] may grant a licence, subject
to such conditions and restrictions as he may think fit, to the
owner or occupier of any premises to put up verandas,
balconies, sun-shades, weather frames and the like, to
project over a street, or in streets in which the construction
of arcades has been sanctioned by the *[Commissioner] to
put up an arcade, or to construct any step or drain-covering
necessary for access to the premises.
(2) The *[Commissioner] may grant a licence subject
to such conditions and restrictions as he may think fit, for
the temporary erection or pandals and other structures, in a
street vested in the council or in any other public place, the
control of which is vested in the council.
(3) The *[Commissioner] shall have power to lease
road sides and street margins vested in the council for
occupation for a temporary purpose on such terms and
conditions and for such period not exceeding thirty days as
the *[Commissioner] may fix.
Power to allow
certain projections
and erections.
178 [Act No. 6 of 1965]
(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 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 exercise by the *[Commissioner] of the powers
under this section shall be in accordance with such rules as
the Government may make in this behalf.
(6) On the expiry of any period for which a licence or
lease has been granted under this section, the
*[Commissioner] may, without notice, cause any projection
or construction put up under sub-section (1) or sub-section
(2) to be removed, or cause the occupier to be evicted and
the cost of so doing shall be recoverable in the manner
provided in section 364 from the person to whom the
licence or lease was granted.
244[194. (1) If the Commissioner is satisfied,-
(a) that a person authorised to occupy any premises
vesting in or belonging to, the council has, whether before
or after the commencement of this Act,-
(i) not paid rent lawfully due from him in respect of
such premises for a period of more than three months;
(ii) sublet, without the permission of the council, the
whole or any part of such premises;
(iii) otherwise acted in contravention of any of the
terms, express or implied, under which he is authorised to
occupy such premises, or
244. Section 194 substituted by Act No.5 of 1971.
Power to evict
certain persons
from municipal
premises.
[Act No. 6 of 1965] 179
(b) that any person without the previous permission
or licence from the council is in unauthorised occupation of
any premises of the council, he may, notwithstanding
anything in any law for the time being in force by notice
served by post, or by affixing a copy of it on the outer door
or some other conspicuous part of such premises, or in
such other manner as may be prescribed, order that such
person as well as any other person, who may be in
occupation of the whole or any part of the premises, shall
vacate the same within one month of the date of the service
of the notice, and where such notice relates to any land,
shall also remove any building or other construction or
anything deposited on it.
(2) If any person refuses or fails to comply with an
order made under sub-section (1), the Commissioner may,
after giving such person an opportunity of making his
representation, confirm such order and evict that person
from, and take possession of, the premises and may for that
purpose use such force as may be necessary.
(3) If a person, who has been ordered to vacate any
premises under sub-clause (i) or sub-clause (iii) of clause
(a) of sub-section (1) within one month of the date of service
of the notice or such longer time as the competent authority
may allow, pays to the council, the rent in arrears or as the
case may be, carries out or otherwise complies with the
terms contravened by him to the satisfaction of the
Commissioner, the Commissioner shall, in lieu of evicting
such person under sub-section (2), cancel his order made
under sub-section (1) and thereupon such person shall hold
the premises on the same terms on which he held them
immediately before such notice was served on him.
(4) If any damage to the property of the council is
caused by any person occupying any such premises, he
shall be liable to pay such compensation to the council for
180 [Act No. 6 of 1965]
the damage as may be fixed by the council and the amount
of such compensation shall, in case of dispute, be
determined and recovered in the manner hereinafter
provided.
Explanation:- For the purpose of this section, the term
―premises‖ shall mean any land or building or part of a
building and includes,-
(i) gardens, grounds and outhouses, if any,
appertaining to such building or part of a building, and
(ii) any fittings affixed to such building or part of a
building for the more beneficial enjoyment thereof.]
195. (i) The municipal engineer or where there is no
municipal engineer the *[Commissioner] shall, during the
construction or repair of any street, drain or premises vested
in the council,-
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by
shoring up and protecting the adjoining buildings; and
(c) cause such bars, chains or posts to be fixed
across or in any street in which any such work is under
execution as are necessary in order to prevent the passage
of vehicles or animals and avert danger.
(2) The said officer shall cause such drain, street or
premises to be sufficiently lighted or guarded during the
night while under construction or repair.
(3) The said officer shall, with all reasonable speed,
complete the said work, fill in the ground and repair the said
Precautions
during repair of
streets.
[Act No. 6 of 1965] 181
drain, street, or premises and remove the rubbish
occasioned thereby.
196. No person shall, without lawful authority, remove any
bar, chain, post or shoring timber or remove or extinguish
any light set up under section 195.
197. (1) No person shall make a hole or cause any
obstruction in any street, unless he previously obtains the
written permission of the *[Commissioner] and complies
with such conditions as the *[Commissioner] 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 is filled up or removed and shall cause such
hole or obstruction to be sufficiently lighted during the night.
198. If any person intends to construct or demolish any
building or to alter or repair the outward part thereof, and if
any street or footway is likely to be obstructed or rendered
inconvenient by means of such work, he shall first obtain a
licence from the *[Commissioner] in that behalf and shall
also,-
(a) cause the said building to be fenced and guarded;
(b) sufficiently light it during the night; and
(c) take proper precautions against accidents during
such time as the public safety or convenience requires.
199. If any obstruction is caused in any street by the fall of
trees, structure or fences, the owner or occupier of the
premises concerned shall, within twelve hours of the
occurrence of such fall, or within such further period as the
Prohibition
against removal of
bars and lights.
Prohibition
against making
holes and causing
obstruction.
License for work
on buildings likely
to cause
obstruction.
Clearing of debris
of fallen houses
etc., by occupier.
182 [Act No. 6 of 1965]
*[Commissioner] may by notice allow, clear the street such
by obstruction.
245[199A. Whoever, without authorisation from the
Commissioner, defaces, disturbs or destroys or damages
any municipal direction post, lamp post, or lamp or
extinguishes any municipal light in a public place, shall be
punishable with fine which may extend to rupees five
hundred.]
Naming of Streets
200. (1) The council shall give names to all public street and
may, with the approval of the Government, alter the name of
any public street.
(2) The municipal engineer or where there is no
municipal engineer, the *[Commissioner] shall cause to be
put up or painted in English and in the main language of the
district on a conspicous part of some buildings, wall or
place, at or near each end, corner or entrance, the name of
every public street.
(3) No person shall, without lawful authority, destroy,
pull down, or deface any such name or put up any name
different from that put up by order of the said officer.
Numbers on buildings
201. (1) The *[Commissioner] shall cause a number to be
affixed or painted to the side or outer-door of any building or
to some place at the entrance of the premises.
(2) No person shall, without lawful authority, destroy,
pull down or deface any such number.
245. Inserted by Act No.3 of 1994.
Punishment for
destroying road
direction.
Numbering of
buildings.
Naming of public
streets.
[Act No. 6 of 1965] 183
(3) When a number has been affixed or painted under
sub-section (1), 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 *[Commissioner] may,
by notice, required him to replace it.
CHPATER IV - BUILDING REGULATIONS
General Powers
202. No site shall be used for the construction of a building
intended for public worship if the construction of the
building thereon will wound the religious feelings of any
class of persons.
203. No permission shall be granted for the construction of
new building on any site which has been filled up with facial
or offensive vegetable or animal matter or upon which any
such matter has been deposited unless the municipal health
officer certifies that such matter has been properly removed
by excavation or otherwise or has become or been rendered
innocuous.
204. No piece of land shall be used as a site for the
construction of a building and no building shall be
constructed or reconstructed otherwise than in accordance
with the provisions of this Part and 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
municipalities or with the consent of the council in respect of
any particular municipality or portion thereof, exempt all
buildings or any class of buildings from all or any of the
provisions of this chapter or the said rules.
Building site and
construction of
building.
Permission for
construction of
new building not
to be granted on
certain sites.
Construction of
buildings for
public worship.
184 [Act No. 6 of 1965]
205. (1) The council may give public notice of its intention to
declare,-
(a) that in any street or portions of streets specified in
the notice,-
(i) continuous building will be allowed;
(ii) the elevation and construction of the frontage of
all buildings thereafter constructed or reconstructed shall, in
respect of their street or architectural features, be such as
the council may consider suitable to the locality; or
(b) that in any localities specified in the notice, the
construction of only detached buildings will be allowed; or
(c) that in any streets, portions of streets or localities
specified in the notice, the construction of shops,
warehouses, factories, huts or buildings of a specified
architectural character, or buildings destined for particular
uses, will not be allowed without the special permission of
the council.
(2) No objections to any such declaration shall be
received after a period of three months from the publication
of such notice.
(3) The council shall consider all objections received
within the said period and may then confirm the declaration,
and before doing so, may modify it but not so as to extend
its effect.
(4) The *[Commissioner] shall publish any declaration
so confirmed and it shall take effect from the date of
publication.
Powers of council
to regulate future
construction of
certain classes of
buildings in
particular street or
localities.
[Act No. 6 of 1965] 185
(5) No person shall, after the date of publication of
such declaration, construct or reconstruct any building in
contravention of any such declaration.
206. (1) The 246[council] may require any building intended
to be erected at the corner of two streets to be rounded off
or splayed off to such height and to such extent otherwise
as it may determine and may acquire such portion of the
site at the corner as it may consider necessary for public
convenience or amenity and in any land so acquired the
council shall pay compensation.
(2) In determining such compensation, allowance shall
be made for any benefit accruing to the same premises from
the improvement of the streets.
207. No external roof, veranda, pandal or wall of a building
shall be constructed or reconstructed of grass, leaves, mats
or other inflammable materials, except with the permission
of the 247[Commissioner.]
208. No door, gate, bar or ground-floor window which
opens on any public street shall be constructed or
reconstructed so as to open outwards except with the
licence of the *[Commissioner] under section 191.
Buildings other than huts.
209. (1) If any person intends to construct or reconstruct a
building other than a hut he shall send to the
*[Commissioner],-
246. Substituted by Act No.5 of 1971.
247. Substituted for the words ―town planning officer‖ by Act No.5 of
1971.
Buildings at
corner of streets.
Prohibition
against use of
inflammable
materials for
buildings without
permission.
Prohibition
against
constructing
doors, ground-
floor windows and
bars so as to
open outwards.
Application to
construct or
reconstruct
buildings.
186 [Act No. 6 of 1965]
(a) an application in writing for the approval of the
site, together with a site plan of the land, and
(b) an application in writing for permission to execute
the work together with a ground-plan, elevations and
sections of the building, and a specification of the work;
248[(c) a copy of the title deed of the land duly attested
by a Gazetted Officer of the Government together with an
urban land ceiling clearance certificate, or as the case may
be, an affidavit referred to in section 184.]
Explanation:- ‗Building‘ in this sub-section shall include
a wall or fence of whatever height bounding or abutting on
any public street.
(2) Every document furnished under sub-section (1)
shall contain such particulars and be prepared in such
manner as may be required under rules or bye-laws.
210. The *[Commissioner] shall not grant permission to
construct or reconstruct a building unless and until it has
approved of the site on an application made under section
209.
211. The construction or reconstruction of a building shall
not be begun unless and until the *[Commissioner] has
granted permission for the execution of the work.
212. Within sixty days after the receipt of any application
made under section 209 for approval of a site or of any
information or further information required under rules or
bye-laws, the *[Commissioner] shall, by written order, either
248. Added by Act No.7 of 1992.
Necessity for prior
approval of site.
Prohibition
against
commencement
of work without
permission.
Period within
which
Commissioner is
to signify approval
or disapproval.
[Act No. 6 of 1965] 187
approve the site or refuse on one or more of the grounds
mentioned in section 215 to approve the site.
213. Within sixty days after the receipt of any application
made under section 209 for permission to execute any work
or of any information or of documents or further information
or documents required under rules or bye-laws the
*[Commissioner] shall by written order either grant such
permission or refuse on one or more of the grounds
mentioned in section 215 to grant it:
Provided that the said period of sixty days shall not
begin to run until the site has been approved under section
212.
214. (1) If within the period prescribed by section 212 or
section 213 as the case may be *[Commissioner] has
neither given nor refused its approval of a building site, or its
permission to execute any work, as the case may be, such
approval or permission shall be deemed to have been given
and the applicant may proceed to execute the work, but not
so as to contravene any of the provisions of this Act or any
rules or bye-laws made under this Act.
215. The only grounds on which approval of a site for the
construction or reconstruction of a building or permission to
construct or re-construct a building may be refused are the
following, namely:—
(1) that the work, or use of the site for the work or any
of the particulars comprised in the site plan, ground plan,
elevations, sections or specification would contravene some
specified provision of any law or some specified order, rule,
declaration or bye law made under any law;
Period within
which
*[Commissioner]
is to grant or
refuse to grant
permission to
execute work.
Effect of delay in
grant or refusal of
approval or
permission.
Grounds on which
approval of site
for or licence to
construct or re-
construct building
may be refused.
188 [Act No. 6 of 1965]
(2) that the application for such permission does not
contain the particulars or is not prepared in the manner
required under rules or bye-laws;
(3) that any of the documents referred to in section 209
have not been signed as required under rules or bye-laws;
(4) that any information 249[or a copy of the title deed of
the land duly attested by a Gazetted Officer of the
Government together with an urban land ceiling clearance
certificate, or as the case may be, an affidavit referred to in
section 184 are not furnished] or documents required by the
*[Commissioner] under rules or bye-laws have or have not
been duly furnished;
(5) that streets or roads have not been made as
required by section 184; or
(6) that the proposed building would be an
encroachment upon Government or municipal land.
Whenever the *[Commissioner] refuses to approve a
building site for a building or to grant permission to
construct or reconstruct a building, the reasons for such
refusal shall be specifically stated in the order.
216. If the construction or reconstruction of any building is
not completed within the period specified, the permission
shall lapse and a fresh application shall be made before the
work is continued.
249. Inserted by Act No.7 of 1992.
Lapse of
permission.
[Act No. 6 of 1965] 189
217. (1) If the 250[Commissioner] finds that the work,-
(a) is otherwise than in accordance with the plans or
specifications which have been approved, or
(b) contravenes any of the provisions of this Act or
any bye-law, rule, order or declaration made thereunder, he
may, by notice, require the owner of the building within a
period stated either,-
(i) to make such alterations as may be specified in
the said notice with the object of bringing the work into
conformity with the said plans or provisions, or
(ii) to show cause why such alterations should not
be made.
(2) If the owner does not show cause as aforesaid, he
shall be bound to make the alterations specified in such
notice.
(3) If the owner shows cause as aforesaid, the
*[Commissioner] shall by an order cancel the notice issued
under sub-section (1), or confirm the same subject to such
modifications as it may think fit.
218. Notwithstanding anything in any of the preceding
sections, the town planning officer may, at any time, stop
the construction or reconstruction of any building if in his
opinion the work in progress endangers human life and
shall report the fact to the *[Commissioner] which shall have
powers to pass such orders as it thinks fit for reasons to be
recorded in writing.
250. Commissioner is substituted for ―the Town Planning Officer‖ by Act
No.5 of 1971.
Power to require
alteration of work.
Stoppage of work
endangering
human life.
190 [Act No. 6 of 1965]
251[218-A. Notwithstanding anything in the Act, the Municipal
Commissioner may regulate and penalise the constructions
of buildings, made by the owner, or by an individual as the
case may be unauthorisedly or in deviation of the
sanctioned plan 252[as on 28.10.2015] as a one time
measure, as per the procedure and by levying such penal
amount as may be prescribed and upon payment of such
amount, all pending or contemplated proceedings and
action of enforcement shall be deemed to have been
withdrawn and the competent authority shall issue
necessary Occupancy Certificate to the owner or the
individual as the case may be.]
WELLS
219. The provisions of section 209, section 210, section
211, section 216, section 217 and section 218 shall, so far
as may be, apply to a well.
HUTS
220. (1) Every person who intends to construct or
reconstruct hut shall send to the *[Commissioner],-
(a) an application for permission to execute the work,
and
(b) a site-plan of the land.
(2) Every such application and plan shall contain the
particulars and be prepared in the manner required by rule
or bye-law.
251. Section 218-A inserted by Act No.9 of 2008.
252. Substituted by Act No.4 of 2016 (w.e.f.02.11.2015).
Regulation and
penalization of
construction of
buildings in
deviation of
sanctioned plan.
Application of
certain section to
wells.
Application to
construct or
reconstruct huts.
[Act No. 6 of 1965] 191
221. The construction or reconstruction of a hut shall not be
begin, unless and until the *[Commissioner] has granted
permission for the execution of the work on an application
sent to him under section 220.
222. Within fourteen days after the receipt of any application
made under section 220 for permission to construct or
reconstruct a hut or of any information or plan or further
information or fresh plan required under rules or bye-laws,
the *[Commissioner] shall by written order, either grant
such permission or refuse on one or more of the grounds
mentioned in section 224 to grant it.
223. If, within the period prescribed by section 222, the
*[Commissioner] has neither granted nor refused to grant
permission to construct, reconstruct a hut, such permission,
shall be deemed to have been granted; and the applicant
may proceed to execute the work but not so as to
contravene any of the provisions of this Act, or any rules or
bye-laws made under this Act.
224. The only grounds on which permission to construct or
reconstruct a hut may be refused are the following,
namely:—
(1) that the work or use of the site for the work would
contravene some specified provision of any law or some
specified order, rule, bye-law or declaration made under any
law;
(2) that the application for permission does not contain
the particulars or is not prepared in the manner required
under rules or bye-laws;
(3) that any information or plan required by the
*[Commissioner] under rules or bye-laws has not been duly
furnished;
Prohibition
against
commencement
of work without
permission.
Grounds on which
permission to
construct or
reconstruct hut
may be refused.
Period within
which
*Commissioner is
to grant or refuse
to grant
permission to
execute the work.
Effect of delay in
grant or refusal of
permission.
192 [Act No. 6 of 1965]
(4) that streets or roads have not been made as
required by section 184; or
(5) that the proposed building would be an
encroachment upon Government or municipal land.
Whenever the *[Commissioner] refuses to grant
permission to construct or reconstruct a hut, the reasons for
such refusal shall be specifically stated in the order.
225. If the construction or reconstruction of any hut is not
completed within the period specified, the permission shall
lapse and a fresh application shall be made before the work
is continued.
External walls, alterations and additions.
226. The owner or occupier of any building adjoining a
public street shall keep the external part thereof in proper
repair with lime plaster or other material to the satisfaction of
the 253[Commissioner.]
227. (1) The provisions of this chapter and of any rules or
bye-laws made under this Act, relating to construction and
reconstruction of buildings shall also be applicable to any
alteration thereof or addition thereto:
Provided that works of necessary repair which do not
affect the position or dimension of a building or any room
therein shall not be deemed an alteration or addition for the
purposes of this section.
254[(2) [xxx]]
253. Substituted for ―town planning officer‖ by Act No.5 of 1971.
254. Sub-section (2) of section 227 omitted by Act No.5 of 1971.
Applications of
provisions to
alternations and
additions.
Maintenance of
external walls in
repairs.
Lapse of
permission.
[Act No. 6 of 1965] 193
228. (1) If the 255[Commissioner] is satisfied-
(i) that the construction or reconstruction of any
building or
(a) has been commenced without obtaining the
permission of the 256[Commissioner or the $[chairman/
chairperson], as the case may be] or where an appeal has
been made to the council, in contravention of any order
passed by the council, or
(b) is being carried on, or has been completed,
otherwise than in accordance with the plans or particulars
on which such permission or order was based, or
(c) is being carried on, or has been completed, in
breach of any of the provisions of this Act or of any rule or
bye-law made under this Act or of any direction or
requisition lawfully given or made under this Act or such
rules or bye-laws, or
(ii) that any alterations required by any notice issued
under section 217 have not been duly made, or
(iii) that any alteration of or addition to any building or
any other work made or done for any purpose into or upon,
any building, has been commenced or is being carried on
or has been completed in breach of section 227, he may
make a provisional order requiring the owner or the builder
to demolish the work done or so much of it as in the opinion
of the said officer, has been unlawfully executed or to make
such alterations as may, in his opinion, be necessary to
bring the work into conformity with the Act, bye-laws, rules,
direction or requisition as aforesaid, or with the plans and
255. Substituted for words ―town planning officer‖ by Act No.5 of 1971.
256. Substituted for words ―executive committee‖ by ibid.
Demolition or
alteration of
building work
unlawfully
commenced,
carried on or
completed.
194 [Act No. 6 of 1965]
particulars on which such permission or order was based;
and may also direct that until the said order is complied
with, the owner or builder shall refrain from proceeding with
the building or well.
(2) The said officer shall serve a copy of the provisional
order made under sub-section (1) on the owner of the
building or well, together with a notice requiring him to show
cause within a reasonable time to be named in such notice
why the order should not be confirmed.
(3) If the owner fails to show cause to the satisfaction of
the said officer, he may, 257[xxx] confirm the order with such
modification 258[as he thinks fit] to make, and such order
shall then be binding on the owner.
EXEMPTIONS.
229. (1) Any building constructed and used, or intended to
be constructed and used, exclusively for the purpose of a
plant-house, summer-house, not being a dwelling-house,
poultry house or aviary, shall be exempted from the
provisions of this chapter other than section 208 provided
the building be wholly detached from, and situated at a
distance of at least three metres from the nearest adjacent
building.
(2) The *[Commissioner] may grant permission at its
discretion on such terms as it may decide in each case to
erect for a specified period temporary huts or sheds for
stabling, for watching crops, for storing tools or materials, or
for other similar purposes. On expiry of the period specified,
the *[Commissioner] may, by notice, require the owner of
such hut or shed to demolish it.
257. Omitted by Act No.5 of 1971.
258. Substituted by Act No.5 of 1971.
Exemptions.
[Act No. 6 of 1965] 195
259[230. [xxx]]
CHAPTER V—NUISANCE.
Dangerous structures, trees and places.
231. (1) If any structure appears to the *[Commissioner] to
be in a ruinous state and dangerous to the passers-by or to
the occupiers of neighbouring structures, he may by notice
require the owner or occupier to fence off, take down,
secure or repair, such structures so as to prevent any
danger therefrom.
(2) If immediate action is necessary, the
*[Commissioner] shall himself before giving such notice or
before the period of such notice expires, fence off, take
down, secure or repair such structure or fence off a part of
any street or take such temporary measures as he thinks fit
to prevent danger and the cost of doing so shall be
recoverable from the owner or occupier in the manner
provided in section 364.
(3) If in the opinion of the *[Commissioner] the said
structure is imminently dangerous to the inmates thereof, he
shall order the immediate evacuation thereof and any
person disobeying may be got removed with the help of any
police officer.
232. (1) If any tree or any branch of a tree or the fruit of any
tree appears to the *[Commissioner] to be likely to fall and
thereby endanger any person or any structure, he may by
notice require the owner of the said tree to secure, lop or cut
down the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary, the
*[Commissioner] shall himself before giving such notice or
259. Omitted by Act No.37 of 2008.
Precautions in
case of
dangerous
structures.
Precautions in
case of
dangerous trees.
196 [Act No. 6 of 1965]
before the period of such notice expires, secure, lop or cut
down the said tree or remove the fruit thereof or fence off a
part of any tree or take such other temporary measures as
he thinks fit to prevent danger, and the cost of so doing
shall be recoverable from the owner of the tree in the
manner provided in section 364.
233. (1) If any tank, pond, well, hole, stream, dam, bank or
other place appears to the *[Commissioner] to be, for want
of sufficient repair, protection or enclosure, dangerous to
the passers by or to person living in the neighbourhood, he
may, by notice, require the owner to fill in, remove, repair,
protect or enclose the same so as to prevent any danger
there from.
(2) If immediate action is necessary, he shall, before
giving such notice or before the period of notice expires,
himself take such temporary measures as he thinks fit to
prevent danger and the cost of doing so shall be
recoverable from the owner in the manner provided in
section 364.
234. If, in the opinion of the *[Commissioner] the working of
any quarry, or the removal of stone, earth or other material,
from any place is dangerous to persons residing in, or
having legal access to, the neighbourhood thereof or
creates or is likely to create a nuisance he 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 from such place or to take
such order with such quarry or place as he shall deem
necessary for the purpose of preventing danger or of
abating the nuisance arising or likely to arise therefrom.
235. (1) The *[Commissioner] may, by notice, require the
owner of any structure, booth or tent partly or entirely
composed of, or having any external roof, verandah, pandal
Precautions in
case of
dangerous tanks,
wells, holes, etc.
Power to stop
dangerous
quarrying.
Precaution
against fire.
[Act No. 6 of 1965] 197
or wall partly or entirely composed of cloth, grass, leaves,
mats or other inflammable materials to remove or alter such
tent, booth, structure, roof, verandah, pandal or wall, or may
grant him permission to retain the same on such conditions
as he may think necessary to prevent danger from fire.
(2) The *[Commissioner] may, by notice, require any
person using any place for the storage for private use, of
timber, fire wood, other inflammable or combustible things
to take special steps to guard against danger from fire.
(3) Where the *[Commissioner] is of opinion that the
means of egress from any building are insufficient to allow
of safe exit in the event of fire, he may, with the sanction of
the council, by notice, require the owner or occupier of the
building to alter or reconstruct any staircase in such manner
or to provide such additional or emergency staircases as he
may direct; and when any building, booth or tent is used for
purposes of public entertainment, he may require, subject to
such sanction as aforesaid, that it shall be provided with an
adequate number of clearly indicated exits so placed and
maintained, as readily to afford the audience ample means
of safe egress, that the seating be so arranged as not to
interfere with free access to the exits and that gangways,
passages and staircases leading to the exist shall, during
the presence of the public, be kept clear of obstructions.
Control over wells, tanks, etc.
236. (1) No new well or tank shall be dug or constructed
without the permission of the 260[chairman/chairperson].
260. For ―executive committee‖ Chairman is substituted by Act No.5 of
1971 and subsequently amended by Act No.33 of 1986.
Prohibition of
construction of
wells, tanks, etc.,
without the
permission of the
Chairman/
Chairperson.
198 [Act No. 6 of 1965]
(2) The $[chairman/chairperson] may grant permission,
subject to such conditions 261[as he] may deem necessary,
or may, for reasons to be recorded 261[by him] refuse it.
(3) If any such work is begun or completed without
such permission,—
(a) the *[Commissioner] may by notice require the
owner or other person who has done such work to fill up or
demolish such work in such manner as the said officer shall
direct; or
(b) the $[chairman/chairperson] may grant permission
to retain such work, but such permission shall not exempt
such owner from proceedings for contravening the
provisions of sub-section (1).
237. (1) If in the opinion of the municipal health officer,-
(a) any pool, ditch, tank, well, pond, bog, swamp,
quarry, hole, drain, cesspool, pit, water-course, or any
collection of water, or nuisance.
(b) any land on which water may at any time
accumulate, or is likely to become a breeding-place of
mosquitoes or in any other respect a nuisance,
the said officer may by notice require the owner or person
having control thereof to fill up, cover over, weed and stock
with larvicidal fish, or petrolize in such manner and with
such materials as the said officer shall direct or to take such
action for removing or abating the nuisance as the said
officer shall direct.
261. Substituted by Act No.5 of 1971.
Filling in of pools,
etc., which are a
nuisance.
[Act No. 6 of 1965] 199
(2) If a person on whom a requisition is made under
sub-section (1) to fill up, cover over, or drain off a well,
delivers to the municipal health officer within the time
specified for compliance therewith, written objections to
such requisition, the said officer shall report such objections
to the *[Commissioner] and shall make further enquiry into
the case, and shall not institute any prosecution for failure to
comply with such requisition except with the approval of the
*[Commissioner] but the municipal health officer may
nevertheless, if he deems the execution of the work called
for by such requisition to be of urgent importance, proceed
in accordance with section 364 and, pending the
*[Commissioner‘s] disposal of the questions whether the
said well be permanently filled up, covered over, or
otherwise dealt with, may cause such well to be securely
covered over so as to prevent the ingress of mosquitoes,
and in every such case the municipal health officer shall
determine with the approval of the *[Commissioner]
whether the expenses of any work already done as
aforesaid shall be paid by such owner or by the municipal
health officer out of the municipal fund or shall be shared
and, if so, in what proportions.
238. The 262[council], on the report of the municipal health
officer that the cultivation of any description of crop, or the
use of any kind of manure, or the irrigation of land in any
place within the limits of the municipality, is injurious to the
public health may, with the previous sanction of the
Government by public notice, regulate or prohibit the
cultivation, use of manure, or irrigation so reported to be
injurious:
Provided that when such cultivation or irrigation has
been practised during the five years preceding the date of
such public notice, with such continuity as the ordinary
262. Substituted for ―executive committee‖ by Act No.5 of 1971.
Regulation or
prohibition of
certain kinds of
cultivation.
200 [Act No. 6 of 1965]
course of husbandry admits of compensation shall be paid
from the Municipal Fund to all persons interested, for any
damage caused to them by absolute prohibition.
239. (1) The municipal health officer may, by notice, require
the owner of, person having control over, any private water-
course, spring, tank, well or other place, the water of which
is used for drinking, bathing or washing clothes, to keep the
same in good repair and to cleanse it, of silt, refuse or
vegetation and to protect it from pollution by surface
drainage in such manner as the said officer may think fit.
(2) If the water of any place which is used for drinking,
bathing or washing clothes, as the case may be, is proved
to the satisfaction of the said officer to be unfit for the
purpose, he may, by notice, require the owner or person
having control thereof to,-
(a) refrain from using or permitting the use of such
water, or
(b) close or fill up such place or enclose it with a
substantial wall or fence.
240. The council shall maintain in a cleanly condition all
wells, tanks and reservoirs which are not private property
and may fill them up or drain them when it appears
necessary to do so.
241. All such wells, tanks and reservoirs when maintained
by the council shall be open to use and enjoyment by all
persons.
242. The council may, in the interest of the public health,
regulate or prohibit the washing of animals, clothes or other
things or fishing in any public spring, tank, well, public water
course or part thereof of within the municipality and may set
Cleansing of
insanitary private
tank or well used
for drinking.
Duty of council in
respect of public
well or receptacle,
of stagnant water.
Public wells, etc.,
open to all.
Prohibition
against or
regulation of
washing animals
or clothes or
fishing or drinking
in public water
courses, tanks,
etc.
[Act No. 6 of 1965] 201
apart any such place for drinking or for bathing or for
washing clothes, or animals respectively or for any other
specified purpose.
243. (1) The council may construct or provide and maintain
public wash-houses or places for the washing of clothes,
and may require the payment of such rents and fees for the
use of any such wash-house or place as it may determine.
(2) The council may farm out the collection of such
rents and fees for any period not exceeding three years at a
time on such terms and conditions as it may think fit.
(3) If a sufficient number of public wash-houses or
places be not maintained under sub-section (1), the council
may, without making any charge therefor, appoint suitable
places for exercise by washermen of their calling.
244. (1) The council may, by public notice, prohibit the
washing of clothes by washermen in the exercise of their
calling, either within the municipality or outside the
municipality, within three kilometres of the boundary thereof
except at,-
(a) public wash-houses or places maintained or
provided under section 243, or
(b) such other places as it may appoint for the
purpose.
(2) When any such prohibition has been made, no
person who is by calling a washerman shall, in
contravention of such prohibition, wash clothes except for
himself or for personal and family service or for hire on and
within the premises of the hirer, at any place within or
outside municipal limits other than a public wash-house or a
place maintained or appointed under this Act:
Provision of public
wash houses.
Prohibition
against washing
by washerman at
un-authorised
places.
202 [Act No. 6 of 1965]
Provided that this section shall apply only to clothes
washed within or to be brought within the municipality.
245. It shall not be lawful for any person to,-
(a) bathe in or in any manner defile the water in any
place set apart by the council or by the owner thereof for
drinking purposes;
(b) deposit any offensive or deleterious matter in the
dry bed of any place set apart as aforesaid for drinking
purposes; or
(c) wash clothes in any place set apart as aforesaid for
drinking or bathing; 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 place set apart as
aforesaid for bathing or washing clothes; or
(e) cause or permit to drain into or upon any place set
apart as aforesaid for drinking, bathing or washing clothes,
or cause or permit anything to be brought thereinto or do
anything whereby the water may be fouled or corrupted.
CONTROL OVER ABANDONED LANDS, UNTRIMMED
HEDGES, ETC.
246. If any building or land, by reason of abandonment,
disputed ownership or other cause remains untenanted, and
thereby becomes a resort of idle and disorderly persons or
in the opinion of the municipal health officer becomes a
nuisance, the municipal health officer may, after due
enquiry, by notice, require the owner or person claiming to
be the owner to secure, enclose, clear or cleanse the same.
Prohibition
against defiling
water of tanks,
etc., whether
public or private.
Untenanted
buildings or lands.
[Act No. 6 of 1965] 203
247. The municipal health officer may, by notice, require the
owner or occupier of any building or land which appears to
the said officer to be in a filthy or unwholesome state, or
overgrown with any thick or noxious vegetation, trees or
undergrowth injurious to health or offensive to the
neighbourhood, to clear, cleanse or otherwise put the land
in proper state or to clear away and remove such
vegetation, trees or under growth within twenty-four hours or
such longer period and in such manner as may be specified
in the notice.
248. The *[Commissioner] may, by notice and for the
reasons specified therein, require the owner or occupier of
any building or land near a public street to,-
(a) fence the same to the satisfaction of the said officer;
or
(b) prune any hedges bordering on the said street so
that they may not exceed such height from the level of the
adjoining roadway as the said officer may determine; or
(c) cut any hedges or trees overhanging the said street
and obstructing it or the view of traffic or causing it damage;
or
(d) lower an enclosing wall or fence which, by reason
of its height and situation, obstructs the view of traffic so as
to cause danger.
Control over insanitary buildings.
249. The municipal health officer, if it appears to him
necessary for sanitary purposes so to do, may, by notice
require the owner or occupier of any building to lime-wash
or otherwise cleanse or disinfect the building inside and
outside or cleanse or disinfect any article therein which is
Removal of filth or
noxious
vegetation.
Fencing of
buildings or lands
and pruning of
hedges and trees.
Lime washing
cleaning etc., of
buildings.
204 [Act No. 6 of 1965]
likely to retain infection, in the manner and within a period to
be specified in the notice.
250. (1) Whenever the municipal health officer considers,-
(a) that any building or portion thereof is, by reason
of its having no plinth, or having a plinth of insufficient height
or by reason of the want of proper drainage or ventilation or
by reason of the impracticability of cleansing, attended with
danger of disease to the occupiers thereof or to the
inhabitants of the neighbourhood, or is, for any reason,
likely to endanger the public health or safety, or
(b) that a block or group of buildings is, for any of the
said reasons, or by reason of the manner in which the
buildings are crowded together, attended with such risk as
aforesaid, he may, by notice, require the owners or
occupiers of such buildings or portions of buildings, or at
his option, the owners of the land occupied by such
buildings or portions of buildings, to execute such works or
to take such measures as he may deem necessary for the
prevention of such danger.
(2) No person shall be entitled to compensation for
damages sustained by reason of any action taken under or
in pursuance of this section save when a building is
demolished in pursuance of an order made hereunder, or so
far demolished as to require reconstruction, in which cases
the council shall make compensation to the owner thereof.
(3) When any building is entirely demolished under this
section and the demolition thereof adds to the value of other
buildings in the immediate vicinity, the owners of such other
buildings shall be bound to contribute towards the
compensation payable to the owner of the first-named
building in proportion to the increased value acquired by
their own property.
Further powers
with reference to
insanitary
buildings.
[Act No. 6 of 1965] 205
(4) When any building is so far demolished under this
section as to require reconstruction, allowance shall be
made in determining the compensation for the benefit
accruing to the premises from the improvement thereof.
251. (1) If any building or portion thereof intended for or
used as a dwelling-place appears to the municipal health
officer to be unfit for human habitation, he may by order
prohibit the further use of such structure for such purpose;
after giving the owner and occupier of the structure a
reasonable opportunity of showing cause why such order
should not be made.
(2) When any such prohibitory order has been made,
the municipal health officer shall communicate the purports
thereof to the owner and occupiers of the structure and on
expiry of such period as is specified in the notice, not being
less than thirty days after the service of the notice, no owner
or occupier of such structure shall use or allow it to be used
for human habitation, until the said officer certifies in writing
that the causes rendering it unfit for human habitation have
been removed to his satisfaction.
(3) When such prohibitory order has remained in
operation for three months, the said officer shall report the
case 263[to the Commissioner, who shall place the matter
before the council for considering the question] whether the
structure should not be demolished. The 264[council] shall
give the owner not less than thirty days notice of the time
and place at which the question will be considered and the
owner shall be entitled to be heard when the question is
taken into consideration.
263. Substituted by Act No.5 of 1971.
264. Substituted for ―executive committee‖ by Act No.5 of 1971.
Buildings unfit for
human habitation.
206 [Act No. 6 of 1965]
(4) If upon such consideration the 265[council] is of
opinion that the structure has not been rendered fit for
human habitation and that steps are not being taken with
due diligence to render it so fit, it shall record a decision to
that effect, with the grounds of the decision and the munici-
pal health officer shall, in pursuance of the said decision by
notice, require the owner to demolish the structure.
(5) If the owner undertakes to execute forthwith the
works necessary to render the structure fit for human
habitation and the municipal health officer considers that it
can be so made fit, the 265[council] may postpone the
execution of its decision for such time not exceeding six
months as it thinks sufficient for the purpose of giving the
owner an opportunity of executing the necessary works.
252. (1) If it appears to the municipal health officer that any
dwelling house or other building which is used as a dwelling
place or any room in such dwelling house or building, is so
overcrowded as to endanger the health of the inmates
thereof, 266[he may report to the Commissioner, who shall
place the matter before the council for an order to abate
such overcrowding; and the council may, by written order,]
require the owner of the building, or room, within a
reasonable time not exceeding thirty days, to be specified in
the said order, to abate such overcrowding by reducing the
number of lodgers, tenants or other inmates of the building
or room, or may pass such other orders 266[as it may] deem
just and proper.
(2) The 265[council] may, by written order, declare what
amount of superficial and cubic space shall be deemed for
the purposes of sub-section (1) to be necessary for each
occupant of a building or room.
265. Substituted for ―executive committee‖ by Act No.5 of 1971.
266. Substituted by Act No.5 of 1971.
Abatement of over
crowding in
dwelling house or
dwelling place.
[Act No. 6 of 1965] 207
(3) If any building or room referred to in sub-section (1)
has been sublet, the landlord of the lodgers, tenants, or
other actual inmates of the same, shall, for the purposes of
this section, be deemed to be the owner of the building or
room.
(4) Notwithstanding anything in the 267Telangana
Buildings (Lease, Rent and Eviction) Control Act, 1960, it
shall be incumbent on every tenant, lodger or other inmate
of a building or room to vacate on being required by the
owner so to do, in pursuance of any requisition made under
sub-section (1).
Control over certain animals.
253. No person shall feed any animal, which is kept for dairy
purpose or may be used for food on filth.
254. No person shall keep any animal on his premises so as
to be a nuisance or so as to be dangerous to the public.
255. (1) The 268[Commissioner may] give public notice that
unlicensed pigs or dogs straying within specified limits will
be destroyed.
(2) When such notice has been given, any person may
destroy, in any manner not inconsistent with the terms of the
notice, any unlicenced pig or dog, as the case may be,
found straying within such limits.
267. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
268. Substituted by Act No.5 of 1971.
Prohibition
against feeding
certain animals on
filth.
Prohibition
against keeping
animals so as to
be a nuisance or
dangerous.
Power to destroy
stray pigs and
dogs.
208 [Act No. 6 of 1965]
256. When any officer of the municipality pulls down any
structure or part thereof or cuts down any tree or hedge or
shrub or part thereof or removes any fruit by virtue of his
powers under this chapter, such officer may sell the
materials or things taken down, cut down or removed, and
apply the proceeds in or towards, payment of the expenses
incurred.
257. If, after reasonable inquiry, it appears to any officer of
the municipality that there is no owner or occupier to whom
notice can be given under any section in this chapter, he
may himself take such action as may appear to him to be
necessary.
258. No person shall be entitled, save as provided in
sections 237, 238 and 250 to compensation for any
damages sustained by reason of any action taken by the
municipal authorities in pursuance of their powers under this
chapter.
CHAPTER VI.
Licences and fees
259. (1) The State Government or the Central Government
shall not be required to take out any licence as provided by
or under this Act in respect of their property or in respect to
any place in their occupation or under their control.
(2) 269[The State Government or the Central
Government] shall not be required to obtain any permission
as provided by or under this Act in respect of erection, re-
erection, construction, alteration or maintenance of
buildings used or required for the public service or for any
public purpose which is the property, or in the occupation of
269. Substituted by Act No.5 of 1971.
Power to use or
sell of materials of
dangerous
structures taken
down etc.
Procedure where
there is no owner
or occupier.
Limitation of
compensation.
Central or State
Government not
required to take
out licence etc.
[Act No. 6 of 1965] 209
the 270[the Government concerned] or which is to be erected
on land, which is the property, or in the occupation, of
270[the Government concerned]:
Provided that, where the erection, re-erection,
construction or material structural alteration of any such
building as aforesaid (not being a building connected with
defence, or a building the plan or construction of which, in
the opinion of 270[the Government concerned] is treated as
confidential or secret) is contemplated, reasonable notice of
the proposed work shall be given to the council before it is
commenced.
(3) In the case of any such building (not being a
building connected with defence or a building the plan or
construction of which in the opinion of 270[the Government
concerned] is treated as confidential or secret),
$[chairman/chairperson] or any person 270[authorised by him
in this behalf] may, under intimation to the State
Government, inspect the land and building and all plans
connected with its erection, re-erection, construction or
material structural alteration, as the case may be, and may
submit to 270[the State Government] a statement in writing of
any objections or suggestions which the
$[chairman/chairperson] may deem fit to make with
reference to such erection, re-erection, construction or
material structural alteration,
(4) Every objection or suggestion submitted as
aforesaid shall be considered by 270[the State Government],
which shall, after such investigation, if any, as they shall
think advisable, and after obtaining the views of the Central
Government in the matter, 271[where necessary] pass orders
thereon, and the building referred to therein shall be
270. Substituted by Act No.5 of 1971.
271. Inserted by Act No.5 of 1971.
210 [Act No. 6 of 1965]
erected, re-erected, constructed or altered, as the case may
be, in accordance with such orders:
Provided that, if 272[the State Government] overrule or
disregard any such objection or suggestions as aforesaid,
they shall give reasons for so doing in writing.
Keeping of animals.
260. (1) The owner or occupier of any stable, veterinary,
infirmary, stand, shed, yard or other place in which animals
are kept or taken in for purposes of profit shall apply to the
municipal health officer for a licence not less than thirty and
not more than ninety days before the opening of such place,
or the commencement of the year for which the licence is
sought to be renewed, as the case may be.
(2) The municipal health officer may, by an order and
under such restriction and regulations as he thinks fit, grant
or refuse to grant such licence.
(3) No person shall, without or otherwise than in
conformity with a licence, use any place for such a purpose:
Provided that this section shall not apply to any such
place licensed as a place of public entertainment or resort
under the 273[Andhra Pradesh (Andhra Area) Places of
Public Resort Act, 1888] or any other law similar thereto for
the time being in force.
261. (1) All stables, cattle-sheds and cow-houses whether
they are built separately or whether they form part of the
residential buildings shall be under the control of the
272. Substituted by Act No.5 of 1971.
273. Andhra Area Act.
Licences for
places in which
animals are kept.
General powers of
control over
stables, cattle-
sheds and cow-
houses.
Act II of 1888.
[Act No. 6 of 1965] 211
municipal health officer as regards their site, construction,
materials and dimensions.
(2) The municipal health officer may by notice require
that any stable, cattle-shed or cow-house be altered, paved,
drained, repaired, disinfected or kept in such a state as to
admit of its being sufficiently cleaned or be supplied with
water or be connected with a sewer.
(3) Every such notice shall be addressed to the owner
of the building or land to which the stable, cattle-shed or
cow-house belongs.
(4) The expense of executing any work in pursuance of
any such notice shall be borne by the said owner.
262. If any stable, cattle-shed or cow-house is not
constructed or maintained in the manner required by or
under this Act, the municipal health officer may, by notice,
direct that the same shall be no longer used as a stable,
cattle-shed or cow-house. Every such notice shall state the
grounds on which it proceeds.
263. (1) The council may publish a notification in the
prescribed manner that no place within municipal limits or at
a distance within three kilometres of such limits shall be
used for any one or more of the purposes specified in
Schedule IV without the licence of the €[Commissioner] and
except in accordance with the conditions specified therein:
Provided that no such notification shall take effect,-
(a) until sixty days from the date of publication, and
€. In section 263 for the words ‗municipal health officer‘ the word
―Commissioner‖ is substituted by Act No.5 of 1971.
Power to direct
dis-continuance of
use of building as
stable, cattle shed
or cow-house.
Purposes for
which places may
not be used
without licences.
212 [Act No. 6 of 1965]
(b) except with the previous sanction of the
Government in any area outside the municipal limits.
(2) The owner or occupier of every such place shall,
within thirty days of the publication of such notification,
apply to the €[Commissioner] for a licence for the use of
such place for such purpose.
(3) Applications for renewal of such licences shall be
made not less than thirty days and not more than ninety
days before the end of every year and applications for
licences for places to be newly opened shall be made not
less than thirty days and not more than ninety days before
they are opened.
(4) The €[Commissioner] may, by an order and under
such restrictions and regulations as to supervision and
inspection as he thinks fit, grant or refuse to grant or renew
such licence.
274[(4a) (i) Notwithstanding anything contained in sub-
section (4), the Commissioner shall not grant a licence for
item (ni) of Schedule IV unless a certificate of standard mark
is obtained from the competent authority i.e., I.S.I.;
(ii) the licence granted under clause (i) shall be
renewed every year upon producing a vallid certificate of
Standard Mark, provided the licensee shall furnish the
monthly laboratory test reports of the water so
manufactured and sold, to the concerned Municipality/
Urban Local Body every month without fail.]
(5) In case the €[Commissioner] refuses to grant or
renew any such licence, he shall record the reasons
therefor.
274. Inserted by Act No.36 of 2007.
[Act No. 6 of 1965] 213
(6) Every such licence shall expire at the end of the
year, unless for special reasons the €[Commissioner]
considers it should expire at an earlier date when it shall
expire at such earlier date as may be specified therein.
(7) Where a licence is granted or renewed under this
section for the use of any place outside the municipal limits,
the council shall pay to the 275[gram panchayat], if any,
having jurisdiction over such place, or if there is no such
275[gram panchayat], to such other authority as the
Government may specify such portion of the fee received for
the grant or renewal of the licence as the Government may,
by general or special order, direct.
Industries and factories.
264. (1) Every person intending,-
(a) to construct or establish any factory, workshop or
workplace 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 power
as aforesaid (not being machinery or manufacturing plant
exempted by rules), shall, before beginning such
construction, establishment or installation, make an
application in writing to the council for permission to
undertake the intended work.
(2) The application shall specify the maximum number
of workers proposed to be employed on any day in the
factory, workshop, work-place or premises and shall be
accompanied by,-
275. Substituted by Act No.5 of 1971.
Application to be
made for
construction,
establishment or
installation of
factory, workshop
or work place in
which steam or
other power is to
be employed.
214 [Act No. 6 of 1965]
(i) a plan of the factory, workshop, work-place or
premises prepared in such manner as may be prescribed by
rules made in this behalf by the Government; and
(ii) such particulars as to the power, machinery, plant
or premises as the council may require by bye-laws made in
this behalf.
(3) The council shall, within sixty days after obtaining
approval under sub-section (4),-
(a) grant the permission applied for, either absolutely
or subject to such conditions as it thinks fit to impose; or
(b) refuse permission, if it is of opinion that such
construction, establishment or installation is objectionable
by reason of the density of the population in the
neighbourhood or that it is likely to cause a nuisance.
(4) 276[(a)] Before granting permission under sub-
section (3) the council shall obtain the approval of the
Inspector of Factories appointed under the Factories Act,
1948 having jurisdiction in the area of the municipality, or if
there is more than one such inspector, of the Inspector
designated by the Government in this behalf by general or
special order, as regards the plan of the factory, workshop,
work-place or premises with reference to,-
(i) the adequacy of the provision for ventilation and
light,
(ii) the sufficiency of the height and dimensions of
the rooms and doors,
276. Renumbered as Act No.5 of 1971.
Central Act 63 of 1948.
[Act No. 6 of 1965] 215
(iii) the suitability of the exits to be used in case of
fire, and
(iv) such other matters as may be prescribed by
rules made by the Government.
277[(b) Before granting permission under sub-section
(3), the council shall consult and have due regard to the
opinion of the Municipal Health Officer or where there is no
such officer, of the District Medical and Health Officer, as
regards the suitability of the site of the factory, workshop,
work place or premises for the purpose specified in the
application.]
(5) No worker shall be employed on any day in any
factory, workshop, work-place, or premises, unless the
permission granted in respect thereof under sub-section (3)
authorises such employment, or unless fresh permission
authorising such employment has been obtained from the
council. Before granting such fresh permission, the council
shall obtain the approval of the Inspector of Factories
referred to in sub-section (4) as regards the plan of the
factory, workshop, work-place, or premises, with reference
to the matters specified in that clause.
(6) The grant of permission under this section,-
(a) shall, in regard to the replacement of machinery,
the levy of fees, the conditions to be observed and the like,
be subject to such restrictions and control as may be
prescribed; and
(b) shall not be deemed to dispense with the
necessity for compliance with the provisions of sections 209
and 211 or sections 220 and 221, as the case may be.
277. Inserted by Act No.5 of 1971.
216 [Act No. 6 of 1965]
Explanation:- The word ‗worker‘ in sub-sections (2) and
(5) shall, in relation to any factory, workshop, work-place or
premises have the same meaning as in the Factories Act,
1948.
265. (1) No person shall, without the written permission of
the council, use or employ in any factory or other place any
steam whistle or steam trumpet for the purpose of
summoning or dismissing workers or persons employed.
(2) In granting such permission, the council may
impose such conditions as it may think proper as to the
times at which the whistle or trumpet may be used, and it
may revoke any such permission by giving a week‘s notice.
266. (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 in the opinion of the
council caused by reason of the particular kind of fuel
employed or by reason of the noise or vibration created, the
council may issue such directions as it thinks fit for the
abatement of the 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 abatement is found impracticable, the council
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.
Use of steam
whistles, etc
Council may issue
directions for
abatement of
nuisance caused
by steam or other
power.
Central Act 63 of 1948.
[Act No. 6 of 1965] 217
267. 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 264, section 265 or section 266.
268. (1) Every council, shall, as soon as may be after
commencement of this Act, and after consultation with the
Director of Public Health and of the Director of Town-
Planning, and with the previous approval of the
Government, notify in the prescribed manner the localities,
divisions, wards, streets or portions of streets in its local
limits which shall be reserved for residential, industrial,
commercial or agricultural purposes.
(2) The council may, at any time subsequent to the
issue of a notification under sub-section (1), in like manner
and subject to the like consultation and approval, notify any
additional localities, divisions, wards, streets or portions of
streets as areas which shall be reserved for any of the
purposes specified in sub-section (1).
(3) (a) A notification issued under sub-section (1) or
sub-section (2) may declare that a land in an area reserved
for a particular purpose shall not be used for any other
purpose and that the use of a land in any reserved area
shall be confined only for the purpose for which the area is
reserved or that the land may be used for any other purpose
subject to such restrictions, limitations and conditions as are
specified in that notification.
(b) The notification shall contain also such general
information as to the situation and limits of the areas
proposed to be reserved for different purposes specified in
sub-section (1) and the restrictions, limitations and
Power of
Government to
pass orders or
give directions in
respect of action
taken or omitted
to be taken under
section 264, 265
or section 266.
Notification of
residential,
industrial,
commercial etc.,
areas in the
municipality.
218 [Act No. 6 of 1965]
conditions, if any, proposed to be imposed in regard to the
use of land in each such reserved area.
(4) Any person aggrieved by the issue of a notification
under sub-section (1) may appeal to the Government whose
decision shall be final.
269. Where the council has not published a notification
under section 263 or section 268, the Government may, by
notification in the location of 278Telangana Gazette, specify
any particular industry or class of the industries, industries
to be located in any area reserved for residential, industrial,
commercial or agricultural purposes, under this Act.
270. (1) 279[The $[chairman/chairperson], Commissioner or
any person authorised by the Council] in this behalf may
enter any factory, work-shop work-place,-
(a) at any time between sunrise;
(b) at any time when any industry is being carried on;
and
(c) at any time by day or by night, if 280[xxx] he has
reason to believe that any offence is being committed
281[under section 263, section 264, section 265 or section
266].
(2) No claim shall lie against any person for any
damage or inconvenience necessarily caused by the
exercise of powers under this section or by the use of any
278. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
279. Substituted by Act No.5 of 1971.
280. The words ‗it or‘ omitted by Act No.5 of 1971.
281. Substituted by Act No.36 of 2007.
Power of
Government to
notify the location
of the industries.
The
*[Commissioner]
may enter any
factory, work-
shop or work-
place.
[Act No. 6 of 1965] 219
force necessary for the purpose of effecting an entrance
under this section.
282[(3) Notwithstanding anything under this section and
unless specified under this Act, the Municipal Commissioner
or any authorised person on his behalf shall exercise all the
powers conferred on him under this Act and under the
Prevention of Food Adulteration Act, 1954 and shall also
have the powers to close down the premises and also seize
the machinery and material when there is reason to believe
that an offence is committed against some bye-law made
under this Act.]
283[270-A.(1) No person engaged in any trade or
manufacture specified in Schedule IV shall,-
(a) willfully cause or suffer to be brought or to flow
into any lake, reservoir, cistern, well, duct or other place for
water belonging to the Municipality or into any drain or pipe
communicating therewith any washing or other substance
produced in the course of any such trade or manufacture as
aforesaid;
(b) willfully do any act, connected with any such trade
or manufacture as aforesaid, whereby the water in any such
lake, tank, reservoir, cistern, well, duct or other place of
water is fouled or corrupted.
(2) The Commissioner may, after giving not less than
twenty-four hours previous notice in writing to the owner or
to the person who has the management or control of any
works, pipes or conduits connected with any such
manufacture or trade as aforesaid lay open and examine the
said works, pipes or conduits; and if upon such examination
282. Added by Act No.36 of 2007.
283. Section 270-A added by Act No.36 of 2007.
Prohibition of
corruption of
water by
chemicals etc.
220 [Act No. 6 of 1965]
it appears that sub-section (1) has been contravened by
reason of anything contained in or proceeding from the said
works, pipes or conduits, the expenses of such laying open
and examination, and of any measure which the
Commissioner shall in his discretion, require to be adopted
for the discontinuance of the cause of such contravention,
shall be paid by the owner of the said works, pipes or
conduits, or by the person who has the management or
control thereof, or through whose neglect or fault the said
sub-section has been contravened, but if it appears that
there has been no contravention of the said sub-section,
that said expenses, and the compensation for any damage
occasioned by the said laying open and examination shall
be paid by the Commissioner.]
Slaughtering of animals.
271. (1) The council shall provide a sufficient number of
places for use as municipal slaughter-houses and may
charge rents and fees for their use at such rates as it may
think fit.
(2) The council may,-
(a) place the collection of such rents and fees under
the management of such persons as may appear to it
proper; or
(b) form out such collection for any period not
exceeding three years at a time and on such terms and
conditions as it may think fit.
(3) Municipal slaughter-houses may be situated within
or with the sanction of the Government, outside the
municipality.
Provision of
municipal
slaughter houses.
[Act No. 6 of 1965] 221
272. (1) The owner of any place within municipal limits or at
a distance within three kilometres of such limits which is
used as a slaughter house for the slaughtering of animals or
for the skinning or cutting up of any carcasses, shall apply
to the municipal health officer for a licence not less than
thirty days and not more than ninety days before the
opening of such place as a slaughter house, or the
commencement of the year for which the licence is sought
to be renewed as the case may be:
Provided that this sub-section shall not take effect in
any area outside the municipal limits except with the
previous sanction of the Government.
(2) The municipal health officer may, by an order and
subject to such restrictions and regulations as to
supervision and inspection as he thinks fit, grant, or refuse
to grant, such licence.
273. No person shall slaughter within the municipality
except in a public or licensed slaughter-house any cattle,
horse, sheep, goat or pig, or any other sale as food or skin
or cut up any carcass without or otherwise than in
conformity with a licence from the municipal health officer or
dry or permit to be dried any skin in such a manner as to
cause a nuisance.
274. Subject to the provisions of the law relating to the
prohibition of sacrifices of animals and birds for the time
being in force the municipal health officer may allow any
animal to be slaughtered in such places as he thinks fit on
occasions of festivals and religious ceremonies or as a
special measure.
Provided that no such place shall be outside the
premises where festivals and religious ceremonies are
conducted.
Licence for
slaughter houses.
Slaughter of
animals for sale
as food.
Slaughter of
animals during
festivals and
religious
ceremonies.
222 [Act No. 6 of 1965]
The milk trade.
275. (1) No person shall, without, or otherwise than in
conformity with a licence from the municipal health officer,—
(a) carry on within the municipality the trade or
business of a dealer in, or importer or seller or hawker of,
milk or dairy-produce;
(b) use any place in the municipality for carrying on
the trade or business of selling of milk or dairy-produce:
Provided that no such licence shall be given to any
person who is suffering from an infectious disease.
(2) Such licence may be refused or may be granted on
such conditions as the municipal health officer may deem
necessary which may extend to the construction, ventilation,
conservancy, supervision and inspection of the premises,
whether within or outside municipal limits where the animals
from which the milk supply is derived are kept.
Markets, butchers, fishmongers and hawkers.
276. (1) All markets which are acquired, constructed,
repaired or maintained out of the municipal fund shall be
deemed to be public markets; and such markets shall be
open to all persons.
(2) Notwithstanding anything in the relevant law for the
time being in force, every market situated within the
municipal limits and belonging to a gram panchayat,
panchayat samithi or 284Zilla Praja Parishad shall vest in the
municipality. The Government shall determine, in the
manner prescribed, the amount of compensation payable
284. Substituted by Act No.41 of 2006.
Regulation of milk
trade.
Public markets.
[Act No. 6 of 1965] 223
therefor to the gram panchayat, panchayat samithi or the
285Zilla Praja Parishad, as the case may be.
277. (1) The council may provide places for use as public
markets.
(2) The council may, in any public market, levy any one
or more of the following fees at such rates and may place
the collection of such fees under the management of such
persons as may appear to it proper or may farm out such
fees for any period not exceeding 286[one year at a time] and
on such terms and subject to such conditions as it may
deem fit:—
(a) fees for the use of, or for the right to expose
goods for sale in such markets;
(b) fees for the use of shops, stalls, pens or stands in
such markets; and
(c) fees on vehicles or pack-animals carrying, or on
persons bringing goods for sale in such markets;
(d) fees on animals brought for sale into, or sold in
such markets; and
(e) licence fees on brokers, commission agents,
weighmen and measurers practising their calling in such
markets.
(3) The council may, with the sanction of the
Government, close any public market or part thereof.
285. Substituted by Act No.41 of 2006.
286. Substituted by Act No.5 of 1971.
Power in respect
of public markets.
224 [Act No. 6 of 1965]
287[(4) The council may lease any land, shop, godown,
building or terrace of a building owned by it and situated
anywhere in the municipality for any period not exceeding
five years at a time and subject to such terms and
conditions as the council may deem fit:
Provided that it shall be competent for the council to
grant, with the prior sanction of the Government, any such
lease for a period exceeding five years but not exceeding
288[thirty years] at a time.]
278. (1) No person shall, without the permission of the
municipal health officer, or if the fees have been farmed out,
of the farmer, sell or expose for sale any animal or article
within any public market.
(2) The municipal health officer may expel from any
public market any person who or whose servant has been
convicted of disobeying any bye-laws at the time in force in
such market and may prevent such person from further
carrying on by himself, or his servant 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 such shop, stall or
place.
279. (1) No person shall open a new private market or
continue to keep open a private market unless he obtains
from the 289[council] 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
287. Substituted by Act No.5 of 1971.
288. Substituted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
289. Substituted by Act No.5 of 1971.
Control of the
municipal health
officer over public
markets.
License for private
market.
[Act No. 6 of 1965] 225
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 290[council] shall, as regards private markets
already lawfully established and may, at its discretion 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 markets
as the 290[council] may think proper; or the 290[council] may
refuse to grant any such licence for any new private market.
The 290[council] may, however, at any time, for breach of the
conditions thereof, suspend or cancel any licence which has
been granted under this section. The 290[council] may also
modify 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 290[council]
shall cause a notice of such grant, refusal, suspension,
cancellation or modification in English and in the main
language of the district to be posted in some conspicuous
place 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.
280. When a licence granted under section 279 permits the
levy of any fees of the nature specified in sub-section (2) of
section 277, 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 290[council] for such licence.
290. Substituted by Act No.5 of 1971.
Fee for licence.
226 [Act No. 6 of 1965]
281. It shall not be lawful for any person to sell or expose for
sale any animal or article in any unlicenced private market.
282. The 291[council] 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 291[council] may think fit;
(b) roof and pave the whole or any portion of the floor
with such material as will, in the opinion of the 291[council],
secure imperviousness and ready cleansing;
(c) ventilate it properly and provide it with a supply of
water;
(d) provide passages of sufficient width between the
stalls and make such alterations in the stalls, passages,
shops, door or other parts of the market as the 291[council]
may direct; and
(e) keep it in a cleanly and proper state and remove all
filth and refuse therefrom.
292[282-A. Where it is brought to the notice of the Director of
Municipal Administration, that the property tax is under
valued he may re-assess the property tax and fix such
accordingly.]
283. (1) If any person, after notice given to him in that behalf
by the 291[council], fails within the period and in the manner
laid down in the said notice, to carry out any of the works
291. In sections 282 to 285 for ―executive committee‖, council is
substituted by Act No.5 of 1971.
292. Inserted by Act No.20 of 1989.
Sale in unlicenced
private markets.
Power of
291[Council] in
respect of private
markets.
Revision of tax by
the Director
Municipal
Administration.
Suspension or
refusal of llicence
in default.
[Act No. 6 of 1965] 227
specified in section 282, the 293[council] may suspend the
licence, or may refuse to grant the licence, until such works
have been completed.
(2) It shall not be lawful for any person to open or keep
open any such market after such suspension or refusal.
284. No owner, occupier, agent or manager in charge of
any private market or of any shop, stall, shed or other place
therein, shall keep the same so that it is a nuisance, or fail to
cause anything that is a nuisance to be at once removed to
a place to be specified by the 293[council].
285. The 293[council] or any officer duly authorised by it in
that behalf, may close any private market in respect of which
no licence has been applied for or the licence for which has
been refused, withheld or suspended or which is held or
kept open contrary to the provisions of this Act.
286. (1) A council may acquire the rights of any person to
hold a private market in any place and to levy fees therein.
The acquisition shall be made under 294the Land Acquisition
Act, 1894 and such rights shall be deemed to be land for the
purposes of that Act, subject, however, to the condition that
the amount payable as compensation in respect of the
rights so acquired shall be an amount equal to twelve times
the net average annual income actually derived from such
market during the period of five consecutive years
immediately preceding the date of publication of the
notification under sub-section (1) of section 4 of that Act.
(2) On payment by the council of the compensation as
provided in sub-section (1) in respect of such property and
any other charges incurred in acquiring it, the rights of such
293. In sections 282 to 285 for ―executive committee‖, council is
substituted by Act No.5 of 1971.
294. See Act No.18 of 2013 for relevant provision.
Prohibition
against nuisance
in private markets.
Power to close
private markets.
Acquisition of
rights of private
persons to hold
private markets.
Central Act I of 1894.
228 [Act No. 6 of 1965]
person to hold a private market and to levy fees therein shall
vest in the council.
287. The person incharge of a market or the municipal
health officer shall prevent the entry therein or expel
therefrom any person suffering from leprosy, in whom the
process of ulceration has commenced, or from any
infectious or contagious disease who sells or exposes for
sale therein any article or who, not having purchased the
same, handles any articles exposed for sale therein, and he
may expel therefrom any person who is creating a
disturbance therein.
288. (1) No person shall, without or otherwise than in
conformity with a licence from the municipal health officer,
carry on the trade of a butcher, fish-monger or poulterer or
use any place for the sale of flesh or fish intended for human
food in any place within municipal limits or at a distance
within three kilometres of such limits:
Provided that no licence shall be required for a place
used for the selling or storing for sale of preserved flesh or
fish contained in airtight and heremetically sealed
receptacles:
Provided further that no licence shall be required for
any place included in a public market established by or
vested in a Panchayat Samithi or Zilla Parishad.
(2) The municipal health officer may, by an order and
subject to such restrictions as to supervision and inspection
as he thinks fit, grant or refuse to grant such licence.
(3) Every such licence shall expire at the end of the
year in which it is granted, unless for special reasons the
municipal health officer considers that it should expire at an
Duty of expelling
lepers etc., from
markets and
power to expel
disturbers.
Butcher‘s, fish-
monger‘s,
poulterer‘s
licence.
[Act No. 6 of 1965] 229
earlier date, when it shall expire at such earlier date as may
be specified therein.
289. (1) The 295[Commissioner] may, with the sanction of the
295[council,] prohibit by public notice or licence or regulate
the sale or exposure for sale, of any animals or articles in or
on any public street or part thereof.
(2) The 295[Commissioner] may farm out the collection
of fees for licences leviable under sub-section (1) for any
period not exceeding one year at a time on such terms and
conditions as may be determined by the 295[Council.]
290. If any question arises whether any place where
persons assemble for the sale or purchase of articles of
food or clothing, or live-stock or poultry, or cotton,
groundnut or other industrial crops or of any other raw or
manufactured products is a market or not, the council shall
make a reference to the Government and the decision of the
Government on the question shall be final.
Cart-stands.
291. The council may construct or provide and maintain
public landing places, halting places and cart-stands.
292. Where a council has provided a public landing place,
halting place or cart-stand, the *[Commissioner] may
prohibit the use for the same purpose by any person within
such distance thereof, as may be determined by the council,
or any public place or the sides of any public street.
295. Substituted by Act No.5 of 1971. [For Municipal Health Officer –
Commissioner, for Executive Committee – Council].
Power to prohibit
or regulate sale of
articles in public
streets.
Decision of
disputes as to
whether places
are markets.
Provision of public
cart-stands, etc.
Prohibition of use
of public place or
sides of public
street as cart-
stands, etc.
230 [Act No. 6 of 1965]
Inspection of places for sale, etc.
293. It shall be the duty of the municipal health officer to
make provision for the constant and vigilant inspection of
animals, carcasses meat, poultry, game, flesh, fish, fruit,
vegetables, corn, bread, flour, milk, ghee, butter, oil and any
other edible articles exposed or hawked about for sale or
deposited in or brought to any place for the purpose of sale
or of preparation for sale.
294. (1) The municipal health officer or any person
authorized by him in writing for the purpose may, without
notice, enter any slaughter-house or any place where
animals, poultry or fish intended for food are exposed for
sale or where articles of food are being manufactured or
exposed for sale, at any time by day or night, when the
slaughter, exposure for sale or manufacture is being carried
on and inspect the same and any utensil or vessel used for
manufacturing, preparing or containing any such article.
(2) If the municipal health officer or any person so
authorized by him has reason to believe that in any place
any animal intended for human food is being slaughtered or
any carcass is being skinned or cut up or that any food is
being manufactured, stored, prepared, packed, cleansed,
kept or exposed for sale, or sold without or otherwise than in
conformity with a licence, he may enter any such place
without notice, at any time by day or night, for the purpose
of satisfying himself whether any provision of laws, bye-laws
or regulations or any condition of a licence is being
contravened.
(3) No claim shall lie against the municipal health
officer or any person acting under his authority or the
council, for any damage or inconvenience necessarily
caused in good faith by the exercise of powers under this
Powers of
municipal health
officer for purpose
of inspection.
Duty of municipal
health officer to
inspect.
[Act No. 6 of 1965] 231
section or by the use of any force necessary for effecting an
entry into any place under this section.
(4) In any legal proceedings in respect of powers
exercised under this section in which it is alleged that any
animals, poultry, fish or articles of food were not kept,
exposed, hawked about, manufactured, prepared, stored,
packed, or cleansed for sale, or that they were not intended
for human food, the burden of proof shall lie on the party so
alleging.
295. No person shall, in any manner whatsoever, prevent
the municipal health officer or person duly authorised by
him from exercising his powers under the last preceding
section.
296. If any animal, poultry or fish intended for food appears
to the municipal health officer or to a person duly authorized
by him, to be diseased, or any food appears to him to be
noxious, or if utensil or vessel used in manufacturing or
preparing or containing such article, appears to be of such
kind or in such state as to render the article noxious, he may
seize or carry away or secure such animal, article, utensil, or
vessel in order that the same may be dealt with as
hereinafter provided.
Explanation:- Meat subject to the process of blowing
and decomposition shall be deemed to be noxious.
297. No person shall remove or in any way interfere with an
animal or article secured under the last preceding section.
298. (1) Where any animal or article of food is seized under
section 296 it may with the consent of the owner or person
in whose possession it was found, be forthwith destroyed by
the municipal health officer so as to prevent its being used
Preventing
inspection by
municipal health
officer.
Power of
municipal health
officer to seize
diseased animals
noxious food, etc.
Removing or
interfering with
articles seize.
Power to destroy
article seized.
232 [Act No. 6 of 1965]
for human food or exposed for sale, and if the article is
perishable, without such consent.
(2) Any expenses incurred in destroying any animal or
article under sub-section (1) shall be paid by the owner or
person in whose possession it was at the time of its seizure.
299. (1) Articles of food, animals, poultry, fish, utensils,
vessels, etc., seized under section 296 and not destroyed
under section 298, shall, as soon as possible, be produced
by the municipal health officer before a Judicial Second
Class Magistrate.
(2) Whether or not complaint is laid before a Judicial
Second Class Magistrate of any offence under the Indian
Penal Code or under this Act, if it appears to the magistrate
on taking such evidence as he thinks necessary that any
such animal, poultry or fish is diseased, or any such article
is noxious or any such utensil or vessel is of such kind or in
such state as is described in section 296, he may order the
same,-
(a) to be forfeited to the council; or
(b) to be destroyed at the expense of the owner or
person in whose possession it was at the time of seizure so
as to prevent the same being again exposed or hawked
about for sale, or used for human food for the manufacture
or preparation of or, for containing any such article as
aforesaid.
Disposal of the dead.
300. (1) Every owner or person having the control of any
place used at the date of the coming into operation of this
Act, as a place for burying, burning, or otherwise, disposing
Registration or
closing of places
for disposal of the
dead.
Production of
articles, etc,
seized before
magistrate and
powers of
Magistrate to deal
with them.
[Act No. 6 of 1965] 233
of the dead shall, if such place be not already registered,
apply to the council to have such place registered.
(2) If it appears to the council that there is no owner or
person having the control of such place, it shall assume
control of and register such place, or may, with the sanction
of the Government, close it.
301. (1) No place for the disposal of the dead, whether
public or private, shall be opended, formed, constructed, or
used, unless a licence has been obtained from the council
on application.
(2) Such application for a licence shall be
accompanied by a plan of the place to be registered,
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 council may require.
(3) On receipt of the application, the council shall
cause a notice to be given inviting objections or suggestions
from the public within a period of thirty days from the date of
such notice. The Council may, after considering the
objections or suggestions received, if any,—
(a) grant or refuse a licence, or
(b) postpone the grant of a licence until objections to
the site have been removed or any particulars called for by it
have been furnished.
302. (1) The council shall provide, free of charge, places to
be used as burial or burning grounds or crematoria either
within or outside the limits of the municipality.
Licencing of
places for
disposal of the
dead.
Provision of burial
and burning
grounds and
crematoria within
or outside
municipality.
234 [Act No. 6 of 1965]
(2) If the council provides any such place outside the
limits of the municipality, all the provisions of this Act and all
bye-laws framed under this Act for the management of such
places within the municipality, shall apply to such place.
303. (1) A book shall be kept at the municipal office
containing a list of all the burial or burning grounds or
crematoria, registered, licenced, or provided by the
municipality, together with the plans thereof.
(2) Notice that such place has been registered,
licenced or provided as aforesaid shall be affixed in English
and in the main language of the district in some
conspicuous place at or near the entrance to the burial or
burning ground or other place as aforesaid.
(3) No person shall bury, burn or otherwise dispose of
any corpse except in a place which has been registered,
licensed or provided as aforesaid.
304. 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 municipal health officer in that behalf.
305. (1) If the council is satisfied,-
(a) that any registered or licensed place for the
disposal of the dead is in such a state or situation as to be,
or to be likely to become, dangerous to the health of
persons living in the neighbourhood thereof, or
(b) that any burial ground is over crowded with
graves and if in the case of a public burial or burning ground
or other place as aforesaid, another convenient place duly
authorized for the disposal of the dead exists or has been
Register of burial
grounds.
Report of burials
and burnings.
Prohibition
against use of
burial and burning
grounds
dangerous to
health or over
crowded with
graves.
[Act No. 6 of 1965] 235
provided for the persons who would ordinarily make use of
such place,
it may, with the previous sanction of the Government, give
notice that it shall not be lawful after a period to be named,
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 in the prescribed manner.
(3) After the expiry of the period named in such notice
it shall, not be lawful to bury, burn or otherwise dispose of a
corpse at such place
306. No person shall,-
(a) bury or cause to be buried, any corpse or part
thereof in a grave whether dug or constructed of masonary
or otherwise, in such manner that the surface of the coffin or
the surface of the body where no coffin is used, is at a depth
less than one and a half metres from the surface of the
ground; or
(b) build or dig or cause to be built or dug, any grave in
any burial ground at a distance less than half a metre from
the margin of any other existing grave; or
(c) without the sanction in writing of the municipal
health officer or an order in writing of a magistrate, reopen a
grave; or
(d) when burning or causing to be burnt a corpse or
part thereof permit the same or any part thereof or its
clothes to remain without being completely reduced to
ashes; or
Prohibition in
respect of
corpses.
236 [Act No. 6 of 1965]
(e) carry through any street a corpse or part thereof not
decently covered; or
(f) while carrying a corpse or part thereof within the
municipality, leave the same in or near any street for any
purpose whatever; or
(g) remove, otherwise than in a closed receptacle any
corpse or part thereof kept or used for the purpose of
dissection.
307. No person shall discharge the office of a grave digger
or other attendant at a public place for the disposal of the
dead, other than a place provided by the Government,
unless he has been licensed in that behalf by the municipal
health officer. Such licence may be withdrawn or cancelled
at the discretion of the council.
CHAPTER VII.
VITAL STATISTICS AND THE PREVENTION
OF DISEASE.
Vital Statistics.
308. (1) The council shall register all births and deaths
occurring in the municipality.
(2) Information of births and deaths shall be given and
their registration shall be made and enforced in the
prescribed manner.
Infectious diseases.
309. ―Infectious disease‖ means a disease specified in
Scheduled V.
Grave diggers‘
licence.
Compulsory
registration of vital
statistics.
Definitions of
infectious disease.
[Act No. 6 of 1965] 237
310. (1) If any medical practitioner becomes cognizant of
existence of any infectious disease in any private or public
dwellings not being a public hospital, in the municipality he
shall inform the municipal health officer with the least
practicable delay.
(2) The information shall be communicated in such
form and with such details as the municipal health officer
may require. The municipal health officer may pay a fee not
exceeding one rupee for each intimation by a private
medical practitioner of a case occurring in his practice.
(3) This section shall apply to a hakeem or a vaidya.
(4) With the previous approval of the Collector of the
district, the municipal health officer may direct the
compulsory notification by the owner or occupier of every
house within the municipal limits during such period and to
such officer as the municipal health officer may specify of all
deaths from or occurrence of infectious diseases in his
house.
311. The municipal health officer shall, at any time by day or
by night without notice, or after giving such notice as may
appear to him reasonable, inspect any place in which any
infectious disease is known or suspected to exist, and take
such measures as he may think fit to prevent the spread of
such disease beyond such place.
312. (1) If the municipal health officer is of opinion that the
cleansing or disinfecting of any premises or part a thereof,
or of any article therein which is likely to retain infection, will
tend to prevent or check the spread of any infectious
disease, he may by notice require the occupier to cleanse or
disinfect the same in the manner and within the time
specified in such notice.
Obligation of
medical
practitioner or
owner or occupier
of house to report
infectious disease.
Power of entry
into suspected
places.
Disinfection of
buildings and
articles.
238 [Act No. 6 of 1965]
(2) If the municipal health officer considers that
immediate action is necessary, or that the occupier is, by
reason of poverty or otherwise unable effectually to comply
with his requisition, the municipal health officer may himself,
without notice, cause such premises or article to be
cleansed or disinfected and for this purpose may cause
such article to be removed from the premises; and the
expenses incurred by the municipal health officer shall be
recoverable from the said occupier in cases in which he is,
in the opinion of the municipal health officer, not unable by
reason of poverty effectually to comply with such requisition.
313. (1) The municipal health officer shall, from time to time,
notify places at which conveyances, clothing, bedding, or
other articles which have been exposed to infection from
any infectious discase shall be washed or disinfected.
(2) The municipal health officer may direct any
clothing, bedding or other articles likely to retain such
infection to be disinfected or destroyed and shall, on
demand, give compensation for any article destroyed under
this sub-section.
(3) No person shall wash such clothing or bedding or
other articles in any places other than those set apart for
such purposes under sub-section (1).
314. No person shall without previously disinfecting it give,
lend, let, her, sell, transmit or otherwise dispose of any
article, which he knows or has reason to know, has been
exposed to infection from any infectious disease.
Provided that nothing in this section shall apply to a
person who transmits with proper precautions any article for
the purpose of having it disinfected.
Provision of
places for
disinfection and
power to destroy
infected articles.
Prohibition
against transfer of
infected articles.
[Act No. 6 of 1965] 239
315. If the chief medical officer of the district, the municipal
health officer or the local medical officer certifies that the
water in any well, tank or other place within the limits of the
municipality, is likely if used for drinking, to engender or
cause the spread of any infectious disease,
$[chairman/chairperson] shall, by public notice, prohibit the
use of such water for drinking and domestic purposes
during a specified period.
316. When a hospital or other place for the reception of
persons suffering from infectious diseases is provided by
the council, the municipal health officer may, on a certificate
signed by a medical practitioner registered under the law
relating to the registration of medical practitioners for the
time being in force, arrange for, or direct the removal to
such hospital or place, of any person suffering from an
infectious disease who is, in the opinion of such medical
practitioner without proper lodging or accommodation, or
without medical supervision directed to prevent the spread
of the disease, or who is in a place occupied by more than
one family.
317. If any person knows or has been certified by the
municipal health officer, the local medical officer, or a
registered medical practitioner that he is suffering from an
infectious disease, he shall not engage in any occupation,
or carry on any trade or business, which involves the risk of
spreading the disease.
318. (1) No person who is suffering from any infectious
disease shall, without taking proper precautions against
spreading such disease, cause or allow himself to be
conveyed in a public conveyance.
(2) No Person who is suffering from any infectious
disease shall enter a public conveyance without previously
Power of the
chairman/
chairperson
prohibit use of
water likely to
spread infection.
Municipal health
officer may order
removal of
patients to
hospitals.
Prohibition
against infected
person carrying
on occupation.
Prohibition
against person
suffering from
infectious disease
entering public
conveyance.
240 [Act No. 6 of 1965]
notifying to the owner or driver or person in charge of such
conveyance that he is so suffering.
(3) No owner, driver, or person in-charge of a public
conveyance shall knowingly carry or permit to be carried in
such conveyance any person suffering as aforesaid in
contravention of sub-section (1).
(4) No owner or driver or person in-charge of a public
conveyance shall be bound to convey any person suffering
as aforesaid, unless and until the said person pays or
tenders a sum sufficient to cover any loss and costs that
may be incurred in disinfecting such conveyance, anything
in any Act relating to public conveyances for the time being
in force to the contrary notwithstanding.
(5) A court convicting any person of contravening sub-
section (1) or sub-section (2) may levy, in addition to the
penalty for the offence provided in this Act, an additional fine
of such amount as the court deems sufficient to cover the
loss and costs which the owner or driver must incur for the
purpose of disinfecting the conveyance. The amount of any
additional fine so imposed shall be awarded by the court to
the owner or driver of the conveyance:
Provided that if such additional fine is imposed in a
case which is subject to appeal, the amount shall not be
paid to the owner or driver before the period allowed for
presenting the appeal has elapsed, or, if an appeal is
presented, before the decision of the appeal.
(6) At the time of awarding compensation in any
subsequent civil suit relating to the same matter, the court
shall take into account any sum which the plaintiff shall have
received under this section.
[Act No. 6 of 1965] 241
319. (1) No person shall let or sublet or allow any person to
enter a building or any part of a building in which he knows
or has reason to know, that a person has been suffering
from any infectious disease without having the same and all
articles therein liable to retain infection, disinfected to the
satisfaction of the municipal health officer.
(2) For the purpose of sub-section (1), the keeper of a
hotel or lodging house shall be deemed to let the same or
part of the same to any person accommodated therein.
320. In the event of the prevalence of any infectious disease
within the municipality, the council may by notice require the
owner or occupier of any building, booth or tent used for
purposes of public entertainment to close the same for such
period as it may fix.
321. No person, being the parent or having the care or
charge of a minor who is or has been suffering from an
infectious disease or has been exposed to infection
therefrom shall, after a notice from the municipal health
officer or the local medical officer that the minor is not to be
sent to school or college, permit such minor to attend
school or college without having procured from the
municipal health officer, the local medical officer or a
registered medical practitioner a certificate that in his
opinion such minor may attend without undue risk of
communicating such disease to others.
No fee shall be charged by the municipal health officer
or the local medical officer for the grant of a certificate under
this section.
Letting of infected
buildings.
Power to order
closure of places
of public
entertainment.
Minor suffering
from infectious
disease not to
attend school.
242 [Act No. 6 of 1965]
Small-pox.
322. (1) Vaccination shall be compulsory in every
municipality in respect of such persons and to such extent
as may be prescribed.
(2) The procedure prescribed in such rules for
enforcing vaccination shall be observed.
323. Where an inmate of any dwelling place is suffering from
smallpox, the head of the family to which the inmate
belongs and in his default, the occupier or person incharge
of such place, shall inform the municipal health officer with
the least practicable delay.
324. The council shall take such measures as may be
necessary to prevent or eradicate the breeding of
mosquitoes in any area in the municipality.
325. The *[Commissioner] or any person authorised by him
in this behalf shall, for the purpose of anti-malarial operation,
have access to any area in the municipality which has been
or is a breeding place for mosquitoes.
PART VI-SUBSIDIARY LEGISLATION AND PENALTIES.
CHAPTER I.
RULES, BYE-LAWS AND REGULATIONS.
Rules and Schedules.
326. (1) 296[The Government may, by notification in the
297[Telangana Gazette] may make rules for carrying out all or
any of the purposes of this Act.
296. Substituted by Act No.22 of 1981.
297. Substituted by vide. G.O.Ms.No.142, MA & UD (A2) Department,
dated 29.10.2015.
Obligation to give
information of
small pox.
Mosquito control.
Power of access
to
*[Commissioner]
for anti-malarial
operations.
Power of
Government to
make rules.
Compulsory
vaccination.
[Act No. 6 of 1965] 243
(2) In particular and without prejudice to the generality
of the foregoing power they may make rules,-
(a) with reference to all matters expressly required or
allowed be this Act to be prescribed;
298[(b) with regard to all matters not expressly
provided for in this Act, relating to electoral rolls, conduct of
elections and resolution of disputes relating to elections to
any office, including deposits to be made by candidates
standing for direct elections and the conditions under which
such deposits may be forfeited;]
(c) as to the conditions on which property may be
acquired by the council or on which property vested in or
belonging to the council may be transferred by sale,
mortgage, lease, exchange or otherwise;
(d) as to the working of provident funds;
(e) as to the matters mentioned in rule 39 of the
Taxation and Finance Rules in Schedule II; as to the
conditions on which grants-in-aid shall be paid from the
municipal fund for purposes of education and medical relief
and as to the conditions on which grants and loans may be
made to co-operative building societies;
(f) as to the intermediate offices, if any, through which
correspondence between the municipal authorities and the
Government or officers of the Government shall pass;
(g) as to the preparation of plans and estimates for
works which are to be partly or wholly constructed at the
expense of the council and the power of the municipal
298. Substituted by Act No.28 of 2005.
244 [Act No. 6 of 1965]
authorities or officers of the Government to accord
professional or administrative sanction to estimates;
(h) as to the accounts to be kept by the council, the
manner in which such accounts shall be audited and
published and as to the conditions under which the rate-
payers may appear before auditors, inspect books and
vouchers and take exception to items entered or omitted
therein;
(i) as to the estimates of receipts and expenditure,
returns, statements and reports to be submitted by councils;
(j) as to the mode in which the officers of the
Government-shall advise and assist councils in carrying out
the purposes of this Act;
(k) as to the interpellation of the $[chairman/
chairperson] by the #[Members] 299[XXX];
(l) as to the moving of resolutions at the meetings of
the council;
(m) for regulating the sharing between local
authorities of the proceeds of the 300[XXX] tax on carriages
and carts, tax on animals, and other taxes or income levied
or obtained under this or any other Act;
(n) as to the form of registers and returns of births
and deaths and the manner in which the registers shall be
maintained, the dates on which returns shall be made and
the officer to whom returns shall be sent;
299. Omitted by Act No.5 of 1971.
300. Omitted by Act No.22 of 1987. (profession tax)
[Act No. 6 of 1965] 245
(o) as to the transfer of allotments entered in the
sanctioned budget of a council from one head to another;
(p) as to the powers of auditors, inspecting and
superintending officers and officers authorised to hold
inquiries, to summon and examine witnesses, and to
compel the production of documents and all other matters
connected with audit inspection, and superintendence;
(q) for determining the cost of buildings and lands;
(r) as to the fines to be imposed in respect of breach
of bye-laws made under section 330;
(s) as to the procedure to be followed in the making
of a layout and forming of street or road and the setting
apart of areas for public purposes and for determining the
information and plans to be submitted with the applications
for permission to make layouts and form streets or roads
and set apart areas for public purposes and for regulating
the level and width of public streets or roads and the height
of buildings abutting thereon.
(3) In making any rule, the Government may provide
that a breach thereof shall be punishable with a fine which
may extend to one hundred rupees.
301[(4) Every rule made under this Act shall,
immediately after it is made, be laid before each House of
the State Legislature 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, both Houses agree in making any
301. Inserted by Act No.22 of 1981.
246 [Act No. 6 of 1965]
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 in the 302Telangana Gazette, have
effect only in such modified form or shall stand annulled, as
the case may be, so however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that rule.]
303[327. [xxx]]
304[328. (1) The Government may, by notification, alter, add
to or cancel Schedules I, II, III, IV, V, VI and VII.
(2) Where a notification has been issued under sub-
section (1), there shall, unless the notification is in the
meantime rescinded, be introduced in the Legislature, as
soon as may be, but in any case during the next session of
the Legislature following the date of the issue of the
notification, a Bill on behalf of the Government, to give effect
to the alteration, addition or cancellation as the case may be
of the Schedules specified in the notification, and the
notification shall cease to have effect when such Bill
becomes law, whether with or without modifications, but
without prejudice to the validity of anything previously done
thereunder:
Provided that if the notification under sub-section (1) is
issued when the Legislature is in session, such a Bill shall
be introduced in the Legislature during that session:
302. Substituted by vide. G.O.Ms.No.142, MA & UD (A2) Department,
dated 29.10.2015.
303. Section 327 omitted by Act No.22 of 1981.
304. For the sections 328 and 329 the section 328 substituted by Act
No.3 of 1994.
Power to amend
Schedules.
[Act No. 6 of 1965] 247
Provided further that where for any reason a Bill as
aforesaid does not become law within six months from the
date of its introduction in the Legislature the notification shall
cease to have effect on the expiration of the said period of
six months.
(3) All references made in this Act, to any of the
Schedules shall be construed as relating to the Schedules
as for the time being amended in exercise of the powers
conferred by this section.]
Bye-Laws.
330. The council may make bye-laws, not in consistent with
this Act or with any other law, to provide,-
(1) for all matters expressly required or allowed by this
Act to be provided for by bye-law;
(2) for the due performance by all municipal officers
and employees of the duties assigned to them;
(3) for the regulation of the time and mode of collecting
the taxes and duties under this Act;
(4) for determining the conditions under which lands
shall be deemed to be appurtenant to buildings;
(5) (a) for the use of public tanks, wells, conduits and
other places or works for water-supply;
(b) for the regulation of public bathing, washing and
the like;
(c) for the maintenance and protection of the water
supply system, and the protection of the water supply from
contamination;
Power of council
to make bye-laws.
248 [Act No. 6 of 1965]
(d) for the conditions on which connections with the
council‘s water supply mains may be made, for their
alteration and repair and for their being kept in proper order;
(e) for the supply of water for consumption and use;
(f) for the prevention of waste of water;
(g) for the measurement of water;
(h) for the compulsory provision of cisterns and
meters;
(i) for the supply of water in case of fire;
(6) for the maintenance and protection of the lighting
system;
(7) (a) for the maintenance and protection of the
drainage system;
(b) for the construction of house-drains and for
regulating their situation, mode of construction and
materials;
(c) for the alteration and repair of house drains;
(d) for the cleansing of house-drains;
(e) for the construction of cess-pools, septic-tanks,
filters and drains;
(f) for the payment or apportionment of money
payable on account of pipes or drains common to more
premises than one;
[Act No. 6 of 1965] 249
(8) for the cleansing of latrines, earth-closets, ash-pits
and cess-pool and the keeping of latrines supplied with
sufficient water for flushing;
(9) (a) for the testing of water pipes and drains in
private premises, the recovery or the apportionment of the
cost of such testing, and the breaking up of ground or of
buildings for the purposes of such testing;
(b) for the licensing of plumbers and fitters, and for
the compulsory employment of licensed plumbers and
fitters;
(10) for the protection of avenues, streets, grass and
other appurtenances of public streets and other places;
(11) for the regulation of the use of parks, gardens and
other public or municipal places and institutions, but not
including the regulation of traffic therein, the reservation
thereof for particular kinds of traffic, or the closing thereof or
parts thereof to traffic;
(12) (a) for the regulation of building;
(b) for determining information and plans to be
submitted with applications to build;
(c) for the licensing of builders and surveyors and for
the compulsory employment of licensed builders and
surveyors;
(13) for the regulation of hotels, lodging houses,
boarding houses, choultries, rest-houses, emigration
depots, restaurants, eating houses, cafes, refreshment
rooms, coffee-houses, tea stalls and any premises to which
the public are admitted for repose or for the consumption of
any food or drink;
250 [Act No. 6 of 1965]
(14) for regulating the mode of constructing stables,
cattle-sheds and cow-houses and connecting them with
municipal drains;
(15) for the sanitary control and supervision of places
used for any of the purposes specified in Schedule IV and of
any trade or manufacture carried on therein;
(16) (a) for the control and supervision of slaughter-
houses and of places used for skinning and cutting up
carcasses;
(b) for the control and supervision of the methods of
slaughtering;
(c) for the control and supervision of butchers
carrying on business in the municipality or at any slaughter-
house outside the municipality provided by the council or
licensed by the municipal health officer as the case may be;
(17) for the inspection of milch cattle and the regulation
of the ventilation, lighting, cleaning, drainage and water
supply of dairies and cattle-sheds in the occupation of
persons following the trade of dairy man or milk seller;
(18) for enforcing the cleanliness of milk stores and
milk shops and vessels and utensils used by the keepers
thereof or by hawkers for containing or measuring milk or
preparing any milk product and for enforcing the cleanliness
of persons employed in the milk trade;
(19) for requiring notice to be given whenever any
milch animal is affected with any contagious disease and
prescribing the precautions to be taken in order to protect
milch cattle and milk against infection and contamination;
[Act No. 6 of 1965] 251
(20) (a) for the inspection of public and private markets
and shops and other places therein;
(b) for the regulation of their use and the control of
their sanitary condition;
(c) for licensing and controlling brokers, commission
agents, weigh men and measurers practising their calling in
markets;
(21) for prescribing the method of sale of articles
whether by measure, weight, tale or piece;
(22) for the prevention of the sale or exposure for sale
of unwhole some meat, fish or provisions and securing the
efficient inspection and sanitary regulation of shops in which
articles intended for human food are kept or sold;
(23) (a) for the regulation of burial and burning grounds
and other places for the disposal of corpses;
(b) for the verification of deaths and the causes of
death;
(c) for the period for which corpses must be kept for
inspection;
(d) for the period within which corpses must be
conveyed to a burial or burning ground, and the mode of
conveyance of corpses through public places;
(24) for the registration of births and deaths;
(25) for the training and licensing of nurses, dhais and
midwives;
252 [Act No. 6 of 1965]
(26) for the enumeration of the inhabitants of the
municipality;
(27) for the prevention of infectious diseases of
persons or animals;
(28) for the enforcement of compulsory vaccination;
(29) for the prevention of outbreaks of fire;
(30) for the prohibition and regulation of
advertisements in public streets or parks;
(31) in general for securing cleanliness, safety and
order and the good government and well being of the
municipality and for carrying out all the purposes of this Act.
305[330-A. (1) If, in respect of any matters specified in section
330 the council has failed to make any bye-laws or if the
bye-laws made by it are not, in the opinion of the
Government, adequate, the Government may make rules
providing for such matters as they may think fit.
(2) The rules made under this section may add to alter
or cancel any bye-laws made by the council.
(3) If any provision of bye-laws made by the council is
repugnant to any provision of a rule made under this
section, the rule shall prevail, and the bye-laws, to the extent
it is repugnant, be void.
(4) The provisions of sections 331, sub-section (2) of
section 333 and section 333A shall apply to the rules made
under this section as they apply to the bye-laws made under
section 330.
305. Section 330A inserted by Act No.3 of 1994.
Power of
Government to
make rules in lieu
of bye-laws.
[Act No. 6 of 1965] 253
(5) Before making any rule under this section the
Government shall give the council an opportunity of
showing cause against the proposal.]
331. Bye-laws with regard to the drainage of, and supply of
water to, buildings, and water-closets, earth-closets, privies,
ash-pits and cess-pools in connection with buildings and
the keeping of water closets supplied with sufficient water
for flushing may be made so as to affect buildings erected
before passing of the bye-laws or this Act.
332. The council shall, before making or altering bye-laws,
publish a draft of the proposed bye-laws and alterations
together with a notice specifying a date at or after which
such draft will be taken into consideration, and shall, before
making the bye-laws or alterations, receive and consider
any objection or suggestion which may be made in respect
of such draft by any person interested therein before the
date so specified.
333. (1) No bye-law or cancellation or alteration of a bye-law
shall have effect until the same is approved and confirmed
by the Government.
(2) Any bye-law or cancellation or alteration of a bye-
law when it is duly confirmed shall be published in the
prescribed manner in English and in the main language of
the district and shall come into operation three months after
it is so published.
306[333A. In making bye-laws the municipal council may,
subject to the provisions of clause (1) of article 20 of the
Constitution, provide that a breach thereof shall be
punishable,-
306. Section 333A inserted by Act No.3 of 1994.
Power to give
retrospective
effect to certain
bye-laws.
Condition
precedent to
making bye-laws.
Confirmation of
bye-laws by
Government.
Penalty for
breaches of bye-
laws.
254 [Act No. 6 of 1965]
(a) with fine which may extend to fifty rupees and in
case of a continuing breach with fine which may extend to
fifteen rupees for every day during which the breach
continues after conviction for the first breach; or
(b) with fine which may extend to ten rupees for every
day during which the breach continues after receipt of
notice from the executive authority to discontinue such
breach.]
PUBLICATION OF RULES, BYE-LAWS AND REGULATIONS.
334. Complete copies in English and in the main language
of the district,-
(a) of this Act,
(b) of all rules framed by the Government under clause
(b) of sub-section (2) of section 326, and
(c) of all bye-laws in force for the time being, shall be
kept at the municipal office and shall be sold to the public at
cost price.
335. Regulations made by the municipal authorities under
this Act shall be published in such manner as the council
may determine.
CHAPTER II.
PENALTIES.
336. (1) Whoever,-
(a) contravenes any provision of any of the sections
or rules specified in the first column of Schedule VI,
Copies of Act,
rules and bye-
laws to be sold at
municipal office.
Publication of
regulations.
General
provisions
regarding
penalties
specified in
Schedules VI and
VII.
[Act No. 6 of 1965] 255
(b) contravenes any rule or order made under any of
the specified sections or rules in the said schedule, or
(c) fails to comply with any direction lawfully given to
him or any requisition lawfully made upon him under or in
pursuance of the provisions of any of the said sections or
rules, shall, on conviction, be punished with fine which may
extend to the amount mentioned in that behalf in the fourth
column of the said Schedule:
Provided that the fine imposed shall, in no case, be
less than one-third of the said amount.
(2) Whoever, after having been convicted of,-
(a) contravening any provision of the sections or rules
specified in the first column of Schedule VII, or
(b) contravening any rule or order made under any of
the specified sections or rules in the said Schedule, or
(c) failing to comply with any direction lawfully given
to him or any requisition lawfully made upon him under or in
pursuance of any of the said sections or rules, continues to
contravene the said provision or to neglect to comply with
the said direction or requisition, as the case may be, shall,
on conviction, be punished for each day after the previous
date of conviction during which he continues so to offend,
with fine which may extend to the amount mentioned in that
behalf in the fourth column of the said Schedule.
Provided that the fine imposed shall, in no case, be
less than one-third of the said amount.
Explanation:- The entries in the third columns of
Schedules VI and VII headed ―subject‖ are not intended as
definitions of the offences described in the sections, sub-
256 [Act No. 6 of 1965]
sections, or clauses mentioned in the first and second
columns or even as abstracts of those sections, sub-
sections, or clauses, but are inserted merely as references
to the subject of the sections, sub-sections or clauses, as
the case may be.
337. (1) Whoever acts as a #[Member] 307[xxx] knowing that
under this Act or the rules made thereunder he is not
entitled, or has ceased to be entitled, to hold such office
shall, on conviction, be punished with fine not exceeding
two hundred rupees for every such offence.
(2) Whoever acts as or exercises the functions of the
$[chairman/chairperson] or vice-chairman of a council
knowing that under this Act or the rules made thereunder he
is not entitled, or has ceased to be entitled, to hold such
office or to exercise such functions shall, on conviction, be
punished with fine not exceeding one thousand rupees for
every such offence.
(3) If the $[chairman/chairperson] or vice-chairman of a
council 307[xxx] fails to hand over any documents of, or any
moneys or other properties vested in, or belonging to, the
council 307[xxx] which are in or have come into his
possession or control, to his successor in office or other
prescribed authority, in every case as soon as his term of
office as $[chairman/chairperson] or vice-chairman expires
and in the case of the vice-chairman also on demand by the
$[chairman/chairperson], such $[chairman/chairperson] or
vice-chairman shall, on conviction, be punished with fine not
exceeding one thousand rupees for every such offence.
338. If any municipal officer or employee knowingly
acquires, directly or indirectly, by himself or by a co-sharer
or servant, or near relative or any benamidar, any share or
307. Omitted by Act No.5 of 1971.
Penalty for acting
as #[Member]
$[chairman/chairp
erson], 307[xxx] or
vice-chairman
when disqualified.
Penalty for
acquisition by
municipal officer
of interest in
contract or work.
[Act No. 6 of 1965] 257
interest in any contract or employment with, by or on behalf
of, the council, he shall be deemed to have committed an
offence under section 168 of the Indian Penal Code:
Provided that no person shall, by reason of being a
shareholder in, or member of, any company, be held to be
interested in any contract entered into between such
company and the council unless he is a director of such
company:
Provided further that nothing in this section shall apply
to a teacher employed by a council who, with the sanction
of the Government, enters into a contract with the council
with regard to the utilisation for the purpose of a school of
any land or building owned by him or in which he has a
share or interest.
339. (1) Every owner or person in charge of any carriage or
animal liable to tax who omits to obtain a licence shall, on
conviction, be punished with fine not exceeding fifty rupees
and shall also pay the amount of the tax payable by him in
respect of such carriage or animal.
(2) On payment of such fine and tax and of such costs
as may be awarded, such owner or person shall receive a
licence for the carriage or animal in respect of which he has
been fined and for the period during which he has been
found to be in default.
(3) The provisions of this section shall apply to any
person who having compounded for the payment of a
certain sum under section 108, fails to pay such sum, and
the amount due for a licence shall, in such case, be taken as
the amount so compounded for.
Penalty for
commission to
take out licence
for carriage or
animal.
258 [Act No. 6 of 1965]
308[339A. Any person wilfully preventing distraint or sufficient
distraint of property subject to distraint for any tax due from
any person shall on conviction be liable to a fine not
exceeding twice the amount of the tax found to be due.]
309[340. (1) Notwithstanding anything contained in the Act,
any person who, whether at his own instance or at the
instance of any other person or any body including a
department of the Government, undertakes or carries out
construction or development of any land in contravention of
the statutory master plan or without permission, approval or
sanction or in contravention of any condition subject to
which such permission, approval or sanction has been
granted shall be punished with imprisonment for a term
which may extend to three years, or with fine which may
extend to ten percent of the value of land or building
including land in question as fixed by the Registration
Department at the time of using the land or building.
Provided that the fine imposed shall, in no case be less than
fifty percent of the said amount.]
310[340-A. (1) It shall be lawful for the Commissioner, at any
time, before or after making an order for the removal or
discontinuance of any unauthoirsed development or
construction under section 228, to make an order directing
the sealing of such development or property or taking the
assistance of the police, for the purpose of carrying out the
provisions of this Act.
(2) Where any development or property has been
sealed, the Commissioner, may, for the purpose of
removing or discontinuing such development or property,
order such seal to be removed.
308. Section 339A inserted by Act No.3 of 1994.
309. Section 340 substituted by Act No.6 of 2008.
310. Section 340-A added by Act No.6 of 2008.
Penalty for willful
prevention of
distraint.
Penalty for
unlawful building.
Power to seal
unauthorised
construction/
development or
premises.
[Act No. 6 of 1965] 259
(3) No person shall remove such seal except,-
(a) under an order made by the Commissioner, or
(b) under an order of the Appellate Tribunal on the
appeal made in this behalf.]
341. (1) Every conservancy worker employed by the council
shall be entitled to one month‘s notice before discharge or
to one month‘s wages in lieu thereof, unless he is
discharged for misconduct or was engaged for a specified
term and discharged at the end of it.
(2) Where any conservancy worker employed by the
council, without reasonable cause, resigns his employment
or absents himself from his duties without giving one
month‘s notice to the council, or neglects or refuses to
perform his duties, or any of them, he shall be liable on
conviction to a fine not exceeding fifty rupees.
(3) The Government may, by notification in the
311Telangana Gazette, direct that, on and from a date to be
specified in the notification, the provisions of sub-sections
(1) and (2) with respect to conservancy workers shall apply
also to any specified class of municipal employees whose
functions intimately concern the public health or safety.
342. Every person, who prevents the municipal authority or
officer or any person to whom the said authority or officer
has lawfully delegated its or his powers of entering into or
on any land or building, from exercising its or his lawful
power of entering there into or thereon shall be deemed to
have committed an offence under section 341 of the Indian
Penal Code.
311. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Notice to
conservancy
worker before
discharge, etc.
Wrongful restraint
of municipal
authority or officer
and his delegate.
Central Act 45 of 1860.
260 [Act No. 6 of 1965]
343. If any person, who is required by the provisions of the
Act or by any notice or other proceedings issued under this
Act to furnish any information,—
(a) omits to furnish it, or
(b) knowingly furnishes false information,
such person shall be liable to a fine not exceeding one
hundred rupees.
312[CHAPTER - III
CORRUPT PRACTICES AND ELECTION OFFENCES
CORRUPT PRACTICES
343 A. The following shall be deemed to be corrupt
practices for the purposes of this Act-
(1) Bribery, that is to say,-
(A) Any gift, offer or promise by a candidate or his
agent or by any other person with the consent of a
candidate or his election agent of any gratification, to any
person whomsoever, with the object directly or indirectly of
inducing,-
(a) a person to stand or not to stand as or to
withdraw or not to withdraw from being a candidate at an
election, or
(b) an elector to vote or refrain from voting at an
election, or as a reward to,-
312. Sections 343-A to 343-ZE inserted by Act No.28 of 2005.
Penalty for not
giving information
or giving false
information.
Corrupt practices.
[Act No. 6 of 1965] 261
(i) a person for having so stood or not stood, or for
having withdrawn or not having withdrawn his candidature;
or
(ii) an elector for having voted or refrained from
voting;
(B) The receipt of, or agreement to receive, any
gratification, whether as a motive or a reward,-
(a) by a person for standing or not standing as or
for withdrawing or not withdrawing from being a candidate,
or
(b) by any person whomsoever for himself or any
other person for voting or refraining from voting or inducing
or attempting to induce any elector to vote or refrain from
voting, or any candidate to withdraw or not to withdraw his
candidature.
Explanation:- For the purposes of this clause the
term ‗gratification‘ is not restricted to pecuniary gratification
or gratifications estimable in money and it includes all forms
of entertainment and all forms of employment for reward but
it does not include the payment of any expenses bonafide
incurred at, or for the purpose of any election and duly
entered in the account of election expenses.
(2) Undue influence, that is to say, any direct or indirect
interference or attempt to interfere on the part of the
candidate or his agent or of any other person with the
consent of the candidate or his election agent with the free
exercise of any electoral right:
Provided that,-
262 [Act No. 6 of 1965]
(a) without prejudice to the generality of the
provisions of this clause any such person as is referred to
therein, who,-
(i) threatens any candidate or any elector or any
person in whom a candidate, or an elector is interested, with
injury of any kind including social ostracism and
excommunication or expulsion from any caste or
community; or
(ii) induces or attempts to induce a candidate or an
elector to believe that he, or any person in whom he is
interested will become or will be rendered an object of
divine displeasure or spiritual censure, shall be deemed to
interfere with the free exercise of the electoral right of such
candidate or elector within the meaning of this clause;
(b) a declaration of public policy, or a promise of
public action, or the mere exercise of a legal right without
intent to interfere with an electoral right, shall not be
deemed to be interference within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any
other person with the consent of a candidate or his election
agent to vote or refrain from voting for any person on the
ground of his religion, race, caste, community or language
or the use of, or appeal to religious symbols, or the use of,
or appeal to national symbols such as the national flag or
the national emblem, for the furtherance of the prospects of
the election of that candidate or for prejudicially affecting the
election of any candidate:
Provided that no symbol allotted under this Act to a
candidate shall be deemed to be a religious symbol or a
national symbol for the purposes of this clause.
[Act No. 6 of 1965] 263
(4) The promotion of, or attempt to promote feelings of
enmity or hatred between different classes of the citizens of
India on grounds of religion, race, caste, community, or
language by a candidate, or his agent or any other person
with the consent of a candidate or his election agent for the
furtherance of the prospects of the election of that candidate
or of prejudicially affecting the election of any candidate.
(5) The propagation of the practice or the commission
of sati or its glorification by a candidate or his agent or any
other person with the consent of the candidate or his
election agent for the furtherance of the prospects of the
election of that candidate or for prejudicially affecting the
election of any candidate.
Explanation:- For the purpose of this clause, ―sati‖ and
―glorification‖ in relation of sati shall have the meanings
respectively assigned to them in the Commission of Sati
(Prevention) Act, 1987.
(6) The publication by a candidate or his agent or by
any other person, with the consent of a candidate or his
election agent of any statement of fact which is false, and
which he either believes to be false, or does not believe to
be true in relation to the personal character or conduct of
any candidate or in relation to the candidature, or
withdrawal of any candidate, being a statement reasonably
calculated to prejudice the prospects of that candidate‘s
election.
(7) The hiring or procuring whether, on payment or
otherwise of any vehicle or vessel by a candidate or his
agent or by any other person with the consent of a
candidate or his election agent, or the use of such vehicle or
vessel for the free conveyance of any elector other than that
the candidate himself, the members of his family or his
agent to or from any polling station:
Central Act 3 of 1988.
264 [Act No. 6 of 1965]
Provided that the hiring of a vehicle or vessel by an
elector or by several electors at their joint costs for the
purpose of conveying him or them to and from any such
polling station or place fixed for the poll shall not be deemed
to be a corrupt practice under this clause if the vehicle or
vessel so hired is a vehicle or vessel not propelled by
mechanical power.
Provided further that the use of any public transport
vehicle or vessel by any elector at his own cost for the
purpose of going to or coming from any such polling station
or place fixed for the poll shall not be deemed to be a
corrupt practice under this clause.
Explanation:- ln this clause the expression ―vehicle‖
means any vehicle used or capable of being used for the
purpose of road transport, whether propelled by mechanical
power or otherwise and whether used for drawing other
vehicles or otherwise.
(8) The incurring or authorizing of expenses in
contravention of section 343 ZC.
(9) The obtaining or procuring or abetting or
attempting to obtain or procure by a candidate or his agent,
or by any other person with the consent of a candidate or
his election agent, any assistance (other than the giving of
vote) for the furtherance of the prospects of that candidate‘s
election, from any person in the service of the State or
Central Government, Local Authority or a Corporation
owned or controlled by the State or Central Government:
Provided that where any person, in the service of the
State or Central Government or a Local Authority or a
Corporation owned or controlled by the State or Central
Government in the discharge or purported discharge of his
official duty, makes any arrangements or provides any
[Act No. 6 of 1965] 265
facilities or does any other act or thing, for, to, or in relation
to, any candidate or his agent or any other person acting
with the consent of the candidate or his election agent
(whether by reason of the office held by the candidate or for
any other reason), such arrangements, facilities or act or
thing shall not be deemed to be assistance for the
furtherance of the prospects of that candidate‘s election.
(10) Booth capturing by candidate or his agent or other
person.
Explanation:- (1) In this section the expression ‗agent‘
includes an election agent, a polling agent, and any person
who is held to have acted as an agent in connection with the
election with the consent of the candidate.
(2) For the purposes of clause (9), a person shall be
deemed to assist in the furtherance of the prospects of a
candidate‘s election if he acts as an election agent of that
candidate.
(3) For the purposes of clause (9), notwithstanding
anything contained in any other law, the publication in the
313Telangana Gazette of the appointment, resignation,
termination of service, dismissal or removal from service of a
person in the service of the Government shall be conclusive
proof,-
(i) of such appointment, resignation, termination of
service, dismissal or removal from service, as the case may
be; and
(ii) where the date of taking effect of such
appointment, resignation, termination of service, dismissal
313. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
266 [Act No. 6 of 1965]
or removal from service, as the case may be, is stated in
such publication, also of the fact that such person was
appointed with effect from the said date, or in the case of
resignation, termination of service, dismissal or removal
from service, such person ceased to be in such service with
effect from the said date.
ELECTORAL OFFENCES
343 B. Any person who, in connection with an election
under this Act promotes or attempts to promote on grounds
of religion, race, caste, community or language, feelings or
enmity or hatred, between different classes of the citizens of
India shall be punishable with imprisonment for a term
which may extend to three years and with fine which may
extend to three thousand rupees.
343 C. (1) No person shall,-
(a) convene, hold, attend, join or address any public
meeting or procession in connection with an election; or
(b) display to the public any election matter by means
of cinematography, television or other similar apparatus; or
(c) propagate any election matter to the public by
holding, or by arranging the holding of, any musical concert
or any theatrical performance or any other entertainment or
amusement with a view to attracting the members of the
public thereto, in any polling area during the period of forty
eight hours ending with the hour fixed for the conclusion of
the poll for any election in that polling area.
(2) any person who contravenes the provision of sub-
section (1) shall be punishable with imprisonment for a term
which may extend to two years, or with fine or with both.
Promoting enmity
between classes
in connection with
election.
Prohibition of
public meetings
during period of
forty-eight hours
ending with hour
fixed for
conclusion of poll.
[Act No. 6 of 1965] 267
(3) In this section, the expression ―election matter‖
means any matter intended or calculated to influence or
affect the result of election.
343 D. (1) Any person who at a public meeting to which this
section applies acts or incites others to act in a disorderly
manner for the purpose of preventing the transaction of the
business for which the meeting was called together, shall be
punishable with imprisonment for a term which may extend
to six months or with fine which may extend to two thousand
rupees or with both.
(2) An offence punishable under sub-section (1) shall
be cognizable.
(3) This section applies to any pubiic meeting of a
political character held in any Municipality/Nagar Panchayat
between the date of the issue of notification under this Act
calling upon the voters to elect a ward member or members
or Chairperson and the date on which such election is held.
(4) If any police officer reasonably suspects any person
of committing an offence under sub-section (1) he may, if
requested to do by the $[chairman/chairperson] of the
meeting require that person to declare to him immediately
his name and address and, if that person refuses or fails so
to declare his name and address or if the police officer
reasonably suspects him of giving a false name or address,
the police officer may arrest him without warrant.
343 E. (1) No person shall print or publish or cause to be
printed or published, any election pamphlet or poster which
does not bear on its face the names and addresses of the
printer and the publisher thereof.
(2) No person shall print or cause to be printed any
election pamphlet or poster:-
Disturbance at
election meetings.
Restrictions on
the printing of
pamphlets,
posters etc.
268 [Act No. 6 of 1965]
(a) unless a declaration as to the identity of the
publisher thereof, signed by him and attested by two
persons to whom he is personally known, is delivered by
him to the printer in duplicate; and
(b) unless, within a reasonable time after the printing
of the document, one copy of the declaration is sent by the
printer, together with one copy of the document,-
(i) where it is printed in the capital of the State, to
the Election Authority, and
(ii) in any other case, to the District Magistrate of the
district in which it is printed.
(3) For the purpose of this section,-
(a) any process for multiplying copies of a document
other than copying it by hand, shall be deemed to be
printing and the expression ‗printer‘ shall be construed
accordingly; and
(b) ―election pamphlet or poster‖ means any printed
pamphlet, handbill or other document distributed for the
purpose of promoting or prejudicing the election of a
candidate or group of candidates or any placard or poster
having reference to an election, but does not include any
handbill, placard or poster merely announcing the date,
time, place and other particulars of an election meeting or
routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions
of sub-section (1) or sub-section (2) shall be punishable with
imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand rupees or with
both.
[Act No. 6 of 1965] 269
343 F. (1) Every officer, clerk, agent or other person who
performs any duty in connection with the recording or
counting of votes at an election shall maintain, and aid in
maintaining, the secrecy of the voting and shall not (except
for some purpose authorised by or under any law)
communicate to any person any information calculated to
violate such secrecy.
(2) Any person who contravenes provisions of sub-
section (1) shall be punishable with imprisonment for a term,
which may extend to three months or with fine or with both.
343 G. (1) No person who is a District Election Authority or
an Election Officer or an Assistant Election Officer, or a
Presiding Officer or Polling Officer at an election, or an
officer or clerk appointed by the Returning Officer or the
Presiding Officer to perform any duty in connection with an
election shall in the conduct or the management of the
election do any act (other than the giving of vote) for the
furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a
police force, shall endeavour,-
(a) to persuade any person to give his vote at an
election, or
(b) to dissuade any person from giving his vote at an
election, or
(c) to influence the voting of any person at an election
in any manner.
(3) Any person who contravenes the provisions of sub-
section (1) or sub-section (2) shall be punishable with
imprisonment, which may extend to six months, or with fine
or with both.
Maintenance of
secrecy of voting.
Officers etc. at
elections not to
act for candidates
or to influence
voting.
270 [Act No. 6 of 1965]
343 H. (1) No person shall, on the date or dates on which a
poll is taken at any polling station, commit any of the
following acts within the polling station or in any public or
private place within a distance of one hundred metres of the
polling station, namely,-
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any
particular candidate; or
(d) persuading any elector not to vote at the election;
or
(e) exhibiting any notice or signs (other than an
official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-
section (1) shall be punished with fine which may extend to
two hundred and fifty rupees.
343 I. (1) No person shall, on the date or dates on which a
poll is taken at any polling station,-
(a) use or operate within or at the entrance of the
polling station, or in any public or private place in the
neighbourhood thereof, any apparatus for amplifying or
reproducing the human voice, such as a megaphone or a
loudspeaker, or
(b) shout, or otherwise act in a disorderly manner
within or at the entrance of the polling station or in any
public or private place in the neighbourhood thereof, so as
to cause annoyance to any person visiting the polling
Prohibition of
canvassing in or
near polling
stations.
Penalty for
disorderly
conduct in or near
polling stations.
[Act No. 6 of 1965] 271
station for the poll, or so as to interfere with the work of the
officers and other persons on duty at the polling station.
(2) Any person who contravenes, or willfully aids or
abets the contravention of the provisions of sub-section (1)
shall be punishable with imprisonment which may extend to
three months or with fine or with both.
(3) If the presiding officer of a polling station has
reason to believe that any person is committing or has
committed an offence punishable under this section, he may
direct any police officer to arrest such person, and
thereupon the police officer shall arrest him.
(4) Any police officer may take such steps, and use
such force as may be reasonably necessary for preventing
any contravention of the provisions of sub-section (1), and
may seize any apparatus used for such contravention.
343 J. (1) Any person who during the hours fixed for the poll
at any polling station misconducts himself or fails to obey
the lawful directions of the presiding officer may be removed
from the polling station by the presiding officer or by any
police officer on duty or by any person authorised in this
behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not
be exercised so as to prevent any elector who is otherwise
entitled to vote at a polling station from having opportunity
of voting at that station.
(3) If any person who has been so removed from
polling station re-enters the polling station, without the
permission of the presiding officer, he shall be punishable
with imprisonment for a term which may extend to three
months, or with fine, or with both.
Penalty for
misconduct at the
polling station.
272 [Act No. 6 of 1965]
343 K. If an elector to whom a ballot paper has been issued,
refuses to observe the procedure prescribed for voting, the
ballot paper issued to him shall be liable for cancellation.
343 L. If any person is guilty of any such corrupt practice as
is specified in clause (7) of section 343 A at or in connection
with an election, he shall be punishable with imprisonment
which may extend to three months and with fine.
343 M. (1) If any person to whom, this section applies is
without reasonable cause guilty of any act or omission in
breach of his official duty, he shall be punishable with fine,
which may extend to five hundred rupees.
(2) An offence punishable under sub-section (1) shall
be congnisable.
(3) No suit or other legal proceedings shall lie against
any such person for damages in respect of any such act or
omission as aforesaid.
(4) The persons to whom this section applies are the
District Election Officers, Election officers, Assistant election
officers, Polling officers, and any other person appointed to
perform any duty in connection with the receipt of
nominations or withdrawal of candidatures, or the recording
or counting of votes at an election and the expression
‗‗official duty‖ shall for the purposes of this section be
construed accordingly but shall not include duties imposed
otherwise than by or under this Act.
343 N. If any person in the service of the State or Central
Government or a Local Authority or a Corporation owned or
controlled by the State or Central Government acts as an
election agent of a candidate at an election he shall be
punishable with imprisonment for a term which may extend
to three months, or with fine or with both.
Penalty for failure
to observe
procedure for
voting.
Penalty for illegal
hiring or
procuring of
conveyance at
elections.
Breaches of
official duty in
connection with
elections.
Penalty for
Government
servants etc. for
acting as election
agent, polling
agent or counting
agent.
[Act No. 6 of 1965] 273
343 O. (1) No person other than the Returning Officer, any
Police Officer and any other person appointed to maintain
peace and order, at a polling station who is on duty at the
polling station, shall, on a polling day, go armed with arms,
as defined in the Arms Act, 1959, of any kind within the
neighbourhood of a polling station.
(2) If any person contravenes the provisions of sub-
section (1), he shall be punishable with imprisonment for a
term which may extend to two years, or with fine, or with
both.
(3) An offence punishable under sub-section (2) shall
be cognizable.
343 P. (1) Any person who, at any election, unauthorisedly
takes or attempts to take a ballot paper or ballot box out of
polling station, or willfully aids or abets the doing of any
such act shall be punishable with imprisonment for a term
which may extend to five years and with fine which may
extend upto five thousand rupees.
(2) If the presiding officer of a polling station has
reason to believe that any person is committing or has
committed an offence, punishable under sub-section (1),
such officer may, before such person leaves the polling
station, arrest or direct a police officer to arrest such person
and such person may cause him to be searched by a police
officer:
Provided that when it is necessary to cause a woman
to be searched the search shall be made by another woman
with strict regard to decency.
(3) Any ballot paper found upon the person arrested on
search shall be made over for safe custody to a police
officer by the presiding officer or when the search is made
Prohibition of
going armed to or
near a polling
station.
Central Act 54 of 1959.
Removal of ballot
papers or ballot
boxes from
polling stations to
be an offence.
274 [Act No. 6 of 1965]
by a police officer, shall be kept by such officer in safe
custody.
(4) An offence punishable under sub-section (1) shall
be cognizable.
343 Q. (1) Whoever commits an offence of booth capturing
shall be punishable with imprisonment for a term which shall
not be less than one year but which may extend to three
years and with fine, and where such offence is committed by
a person in the service of the Government, he shall be
punishable with imprisonment for a term which shall not be
less than three years but which may extend to five years and
with fine.
Explanation:- For the purposes of this sub-section and
section 343 ZE ―booth capturing‖ includes, among other
things, all or any of the following activities, namely,-
(a) seizure of a polling station or a place fixed for the
poll by any person or persons making polling authorities
surrender the ballot papers or voting machines and doing of
any other act which affects the orderly conduct of elections;
(b) taking possession of polling station or a place
fixed for the poll by any person or persons and allowing only
his or their own supporters to exercise their right to vote and
prevent others from free exercise of their right to vote;
(c) coercing or intimidating or threatening directly or
indirectly threatening any elector and preventing him from
going to the polling station or a place fixed for the poll to
cast his vote;
(d) seizure of a place for counting of votes by any
person or persons, making the counting authorities
surrender the ballot papers or voting machines and the
Offence of booth
capturing.
[Act No. 6 of 1965] 275
doing of anything which affects the orderly counting of
votes;
(e) doing by any person in the service of
Government, of all or any of the aforesaid activities or aiding
or conniving at, any such activity in the furtherance of the
prospects of the election of a candidate.
(2) An offence punishable under sub-section (1) shall
be cognizable.
343 R. (1) No spirituous, fermented or intoxicating liquors or
other substances of a like nature shall be sold, given or
distributed at a hotel, eating house, tavern, shop or any
other place, public or private, within a polling area during
the period of forty-eight hours ending with the hour fixed for
the conclusion of the poll for any election in that polling
area.
(2) Any person who contravenes the provisions of sub-
section (1), shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under
this section, the spirituous, fermented or intoxicating liquors
or other substances of a like nature found in his possession
shall be liable to confiscation and the same shall be
disposed of in such manner as may be prescribed.
343 S. (1) A person shall be guilty of an electoral offence if
at any election he,-
(a) fraudulently defaces or fraudulently destroys any
nomination paper; or
Liquor not to be
sold, given or
distributed on
polling day.
Other offences
and penalties
thereunder.
276 [Act No. 6 of 1965]
(b) fraudulently defaces or destroys or removes any
list, notice or other documents affixed by or under the
authority of an election officer; or
(c) fraudulently defaces or fraudulently destroys any
ballot paper or the official mark or any ballot paper or any
declaration of identity or official envelope used in
connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to
any person or receives any ballot paper from any person or
is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything
other than the ballot paper which he is authorised by law to
put in; or
(f) without due authority destroys, takes, opens or
otherwise interferes with any ballot box or ballot papers then
in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case
may be, attempts to do any of the foregoing acts or willfully
aids or abets the doing of any such acts.
(2) Any person guilty of an electoral offence under this
section shall,-
(a) if he is an election officer or an assistant election
officer or a presiding officer at a polling station or any other
officer or clerk employed on official duty in connection with
the election, be punishable with imprisonment for a term
which may extend to two years or with fine or with both;
(b) if he is any other person, be punishable with
imprisonment for a term which may extend to six months or
with fine or with both.
[Act No. 6 of 1965] 277
(3) For the purposes of this section a person shall be
deemed to be on official duty if his duty is to take part in the
conduct of an election or part of an election including the
counting of votes or to be responsible after an election for
the used ballot papers and other documents in connection
with such election, but the expression ―official duty‖ shall
not include any duty imposed otherwise than by or under
this Act.
343 T. Whoever does any act in contravention of any of the
provisions of this Act, or of any rule, notification or order
made, issued or passed, thereunder and not otherwise
provided for in this Act shall, on conviction be punished with
imprisonment which may extend to two years or with fine
which may extend to two thousand rupees or with both.
CHAPTER - IV
MISCELLANEOUS ELECTION MATTERS
343 U. (1) If at an election the proceedings at any polling
station are interrupted or obstructed by any riot or open
violence, or if at an election it is not possible to take the poll
at any polling station or such place on account of any
natural calamity, or any other sufficient cause, the presiding
officer for such polling station shall announce an
adjournment of the poll to a date to be notified later, and he
shall forthwith inform the election officer concerned.
(2) Whenever a poll is adjourned under sub-section (1),
the election officer shall immediately report the
circumstances to the District Election Authority and the State
Election Commission, and shall, as soon as may be, with
the previous approval of the State Election Commission,
appoint the day on which the poll shall recommence, and fix
the hours during which, the poll will be taken, and shall not
count the votes cast at such election until such adjourned
poll shall have been completed.
Adjournment of
poll in
emergencies.
Penalty for
offences not
otherwise
provided for.
278 [Act No. 6 of 1965]
(3) In every such case as aforesaid, the election officer
shall notify in such manner as the State Election
Commission may direct, the date and hours of polling fixed
under sub-section (2).
343 V. (1) If at any election,-
(a) any ballot box used at a polling station is
unlawfully taken out of the custody of the presiding officer or
the election officer, or is accidentally or intentionally
destroyed or lost, or is damaged or tampered with, to such
an extent, that the resuIt of the poll at that polling station
cannot be ascertained; or
(b) any voting machine develops a mechanical failure
during the course of the recording of votes; or
(c) any such error or irregularity in procedure as is
likely to vitiate the poll is committed at a polling station, the
election officer shall forthwith report the matter to the State
Election Commission.
(2) Thereupon, the State Election Commission shall,
after taking all material circumstances into account; either,-
(a) declare the poll at that polling station to be void,
appoint a day, and fix the hours, for taking a fresh poll at
that polling station and notify the day so appointed and the
hours so fixed in such manner as it may deem fit, or
(b) if satisfied that the result of a fresh poll at that
polling station will not, in any way, affect the result of the
election or that the mechanical failure of the voting machine
or the error or irregularity in procedure is not material, issue
such directions to the election officer as it may deem proper
for the further conduct and completion of the election.
Fresh poll in the
case of
destruction etc.,
of ballot boxes.
[Act No. 6 of 1965] 279
(3) The provisions of this Act and of any rules or orders
made thereunder shall apply to every such fresh poll as they
apply to the original poll.
343 W. (1) If at any election,-
(a) booth capturing has taken place at a polling
station or in such number of polling stations as is likely to
affect the result of such election or that the result of the poll
at that polling station cannot be ascertained; or
(b) booth capturing takes place in any place for
counting of votes in such a manner that the result of the
counting at that place cannot be ascertained, the Election
Officer shall forthwith report the matter to the State Election
Commission.
(2) The State Election Commission shall, on the receipt
of a report from the Election Officer under sub-section (1),
and after taking all material circumstances into account,
either,-
(a) declare that the poll at that polling station be void,
appoint a day, and fix the hours, for taking fresh poll at that
polling station and notify the date so appointed and hours
so fixed in such manner as it may deem fit, or
(b) if satisfied that in view of the large number of polling
stations involved in booth capturing the result of the election
is likely to be affected or that booth capturing had affected
counting of votes in such manner as to affect result of the
election, countermand the election in that constituency.
Explanation: In this section, ―booth capturing‖ shall
have the same meaning as in section 343 Q.
Adjournment of
poll or
countermanding
of election on the
ground of booth
capturing.
280 [Act No. 6 of 1965]
343 X. (1) If any time before the counting of votes is
completed any ballot papers used at a polling station are
unlawfully taken out of the custody of the election officer or
are accidentally or intentionally destroyed or lost or are
damaged or tampered with, to such an extent that the result
of the poll at that polling station cannot be ascertained, the
election officer shall forthwith report the matter to the State
Election Commission.
(2) Thereupon, the State Election Commission shall,
after taking all material circumstances into account, either,-
(a) direct that the counting of votes shall be stopped,
declare the poll at that polling station to be void, appoint a
day, and fix the hours, for taking a fresh poll at that polling
station and notify the date so appointed and hours so fixed
in such manner as it may deem fit, or
(b) if satisfied that the result of a fresh poll at that
polling station will not, in any way, affect the result of the
election, issue such directions to the election officer as it
may deem proper for the resumption and completion of the
counting and for the further conduct and completion of the
election in relation to which the votes have been counted.
(3) The provisions of this Act and of any rules or orders
made thereunder shall apply to every such fresh poll as they
apply to the original poll.
343 Y. (1) Any officer or staff employed in connection with
the preparation, revision and correction of the electoral rolls
for, and the conduct of all elections shall be deemed to be
on deputation to the State Election Commission for the
period during which they are so employed and such officers
and staff shall during that period, be subject to the control,
superintendence and discipline of the State Election
Commission.
Destruction, loss,
etc., of ballot
papers at a time
of counting.
Electoral officers
and staff etc.
deemed to be on
deputation.
[Act No. 6 of 1965] 281
(2) The District Election Authority, Election Officer,
Assistant Election Officer, Presiding Officer, Polling Officer
and any other officer appointed under this Act, and any
police officer designated for the time being by the State
Government for the conduct of any elections shall be
deemed to be on deputation to the State Election
Commission for the period commencing on and from the
date of notification calling for such elections and ending with
the date of declaration of the results of such elections and
such officer shall, during that period, be subject to the
control, superintendence and discipline of the State Election
Commission.
343 Z. The State Election Commissioner may, subject to
such conditions and restrictions as he may specify, by
general or special order, delegate to any officer or authority
in the State Government, either generally or as respects any
particular matter or class of matters any powers of the
Commission under this Act.
343 ZA. No election held under this Act shall be called in
question except by an election petition presented in
accordance with such rules as may be made in this behalf
and to such authority as may be specified in such rules.
CHAPTER - V
ELECTION EXPENSES
343 ZB. This Chapter shall apply to candidates of any
election held under this Act.
343 ZC. (1) Every candidate, at any election held under this
Act shall, either by himself, or by his election agent, keep a
separate and correct account of all expenditure incurred in
connection with the election, between the date on which the
candidate concerned has been nominated, and the date of
declaration of the result of the election, both dates inclusive
Delegation of the
powers of the
Commission.
Election petitions.
Applications of
chapter.
Account of
election
expenses.
282 [Act No. 6 of 1965]
(hereinafter in this Chapter referred to as ‗Election
expenses‘).
Explanation-I. ‗Election expenses‘ for purpose of this
Act shall mean all expenses in connection with the election,-
(a) incurred, or authorized by the contesting candidate,
or by his election agent;
(b) incurred by any association, or body of persons, or
by any individual (other than the candidate or his election
agent), aimed at promoting or procuring the election of the
candidate concerned; and
(c) incurred by any political party, by which the
candidate is set up, so as to promote or procure his
election:
Provided that any expenses incurred by any political
party as part of its general propaganda, (which is
distinguishable from its election campaign, for the
promotion or procuring the election of a particular
candidate), by words, either written or spoken, or by signs
or visible representations, or by audio-visual devices, or
through print or electronic media or otherwise, shall not
constitute ‗election expenses‘ for purposes of this Act.
Explanation-II:- (1) For the removal of doubts, it is
hereby declared that any expenses incurred in respect of
any arrangements made, facilities provided or any other act
or thing done by any person in the service of the
Government and belonging to any of the classes mentioned
in clause (9) of section 343 A in the discharge or purported
discharge of his official duty as mentioned in the proviso to
that clause shall not be deemed to be expenses in
connection with the election incurred or authorized by a
[Act No. 6 of 1965] 283
candidate or by his election agent for the purposes of this
sub-section.
(2) The account of election expenses shall contain
such particulars, as may by order, be specified by the State
Election Commission.
(3) The total of the said expenses shall not exceed
such amount, as may by order, be specified by the State
Election Commission.
343 ZD. Every contesting candidate at an election shall,
within forty five days from the date of declaration of the
result of the election, lodge with the District Election
Authority, an account of his election expenses, which shall
be a true copy of the account kept by him, or by his election
agent, under section 343 ZC;
CHAPTER VI
APPOINTMENT OF OBSERVERS
343 ZE. (1) The State Election of Commission may nominate
an Observer who shall be an officer of Government to watch
the conduct of election or elections in a ward or a group of
wards or for a Municipality or a group of Municipalities and
to perform such other functions as may be entrusted to him
by the Commission, in relation thereto.
(2) The Observer nominated under sub-section (1)
shall have the power to direct the Election Officer for the or
for any of the wards for which he has been nominated, to
stop the counting of votes at any time before the declaration
of the result, or not to declare the result, if in the opinion of
the observer, booth capturing has taken place at a large
number of polling stations or at counting centers or any
ballot papers used at a polling station are unlawfully taken
out of the custody of the Election Officer or are accidentally
Lodging of
account with the
District Election
Authority.
Appointment of
Observers.
284 [Act No. 6 of 1965]
or intentionally destroyed or lost or are damaged or
tampered with, to such an extent that the result of the poll at
that polling station cannot be ascertained.
(3) Where an Observer has directed the Election Officer
under this section to stop counting of votes or not to declare
the result, the Observer shall forthwith report the matter to
the Commission and thereupon the Commission shall, after
taking all material circumstances into account, issue
appropriate directions under section 343 W or section 343 X
in the matter of declaration of results.
(4) It shall be competent for the State Election
Commission to appoint an Election Expenditure Observer
for a group of wards or for a Municipality or group of
Municipalities so as to ensure that the provisions of Chapter
V are strictly adhered to and in that behalf the Commission
may issue such instructions as it deems fit, from time to
time, to such observers.
PART VII.
Procedure and Miscellaneous.
Licences and permissions.
344. (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 *[Commissioner.]
(2) Save as otherwise expressly provided in or
prescribed under this Act, for every such licence or
permission, fees be charged on such units and at such rates
as may be fixed by the council.
(3) The council may—
General
provisions
regarding licences
and permissions.
[Act No. 6 of 1965] 285
(a) place the collection of such fees under the
management of such persons as may appear to it proper;
(b) farm out such collection for any period not
exceeding three years at a time and on such terms and
conditions as it may think fit.
(4) Every order of a municipal authority granting or
refusing a licence or permission shall be communicated to
the person concerned.
(5) Every order of a municipal authority refusing,
suspending, cancelling or modifying, a licence or
permission shall be in writing and shall state the grounds on
which it proceeds.
(6) Subject to the special provisions in Chapters IV and
VI of Part V regarding buildings and private markets and
subject to such sanction as may be required for the refusal
of a licence or permission any licence or permission,
granted under this Act or any rule or bye-law made under it,
may at any time be suspended or revoked by the
*[Commissioner] in consultation with the person or authority
granting the licence or permission if any of its restrictions,
limitations or conditions 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:
Provided that the grantee shall be given an opportunity
to show cause against such suspension or revocation.
(7) It shall be the duty of the *[Commissioner] to
inspect places in respect of which a licence or permission is
required by or under this Act, and he may enter any such
286 [Act No. 6 of 1965]
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 the 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 *[Commissioner] or any person to whom
he has lawfully delegated his powers, or by any force
necessary for effecting an entrance under this sub-section.
(8) 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 (13), until the licence
or permission is renewed as the case may be.
(9) Every grantee of any licence or permission shall, at
all reasonable times, while such licence or permission
remains in force, produce the same at the request of the
*[Commissioner] or any person authorised by him in this
behalf.
(10) Whenever any person is convicted of an offence in
respect of the failure to obtain a licence or permission or to
make a registration required by the provisions of this Act or
any rule or bye-law made under this Act, the magistrate
[Act No. 6 of 1965] 287
shall, in addition to any fine which may be imposed, recover
summarily and pay over to the council 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 council such amount, if any, as he may fix as the
costs of the prosecution.
(11) Save as otherwise expressly provided in or
prescribed under this Act, every application for a licence or
permission or for registration or the renewal of a licence or
permission or registration, shall be made not less than thirty
days and not more than ninety days before the
commencement of the year or of such less period as is
mentioned in the application.
(12) Such recovery of the fee under sub-section (10)
shall not entitle the person convicted to a licence or
permission or to registration as aforesaid.
(13) The acceptance by the council of the pre-payment
of the fee for a licence or permission or for registration shall
not entitle the person making such prepayment to the
licence or permission or to registration, as the case may be,
but only to refund of the fee, in the 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 other-wise specially provided in
this Act, if orders on an application for or renewal of licence
or permission, or registration, are not communicated to the
applicant within ninety days in the case of the grant of a
licence, permission or registration and thirty days in the
case of the renewal of a licence, permission or registration,
after the receipt of the application by the *[Commissioner],
the application shall be deemed to have been allowed for
the year or for such shorter period as is mentioned in the
288 [Act No. 6 of 1965]
application subject to the conditions imposed by or under
this Act.
Appeals.
314[345. (1) An appeal shall lie to the council from,-
(a) any notice issued or other action taken or
proposed to be taken by the $[chairman/chairperson],
Commissioner, municipal health officer or any other officer
of the municipality—
(i) under sections 140, 150, 157 to 161 (both
inclusive), sub-sections (1) and (3) of section 217, sub-
section (3) of section 228, sub-section (1) of section 231,
sub-section (1) of section 232, sub-section (1) of section 237
and sections 239, 250, 261 and 262;
(ii) under any bye-law concerning house drainage
and the connection of house drains with municipal drains or
connections with municipal water supply or lighting mains;
or
(b) any order of the Commissioner, municipal health
officer or any other officer of the municipality granting or
refusing a licence or permission; or
(c) any order of the Commissioner made under
section 212 refusing to approve the site for building, or
under sub-section (6) of section 344 suspending or revoking
a licence; or
(d) any other order of the Commissioner, municipal
health officer or any other officer of the municipality, that
may be made appealable by rules under section 326.
314. Substituted by Act No.5 of 1971.
Appeals.
[Act No. 6 of 1965] 289
(2) The decision of the council on an appeal referred to
it under sub-section (1) shall be final.
(3) An appeal under this section shall be presented
and disposed of in the manner prescribed and no court fee
shall be chargeable therefor.]
346. In any case in which no time is prescribed by the
foregoing provisions of this Act for the presentation of an
appeal allowed thereunder, such appeal, subject to the
provisions of section 5 of the Limitation Act, 1963, shall be
presented,-
(a) where the appeal is against an order granting a
license or permission, within thirty days after the date of the
publication of the order on the notice board of the council;
and
(b) in other cases, within thirty days after the date of
the receipt of the order or proceeding against which the
appeal is made.
Power to summon.
347. All persons authorized by rule to conduct enquiries
relating to elections and all inspecting or superintending
officers holding any enquiries into matters falling within the
scope of their duties shall have, for the purposes of such
enquiries, the same powers in regard to the issue of
summons for the attendance of witnesses and the
production of documents, as are conferred on revenue
officers by the law relating to the issue of revenue
summonses for the time being in force and all persons to
whom summonses are issued by virtue of the said powers
shall be bound to obey such summonses.
Limitation of time
for appeal.
Power of persons
conducting
election and other
enquires.
Central Act 36 of 1963.
290 [Act No. 6 of 1965]
348. 315[The $[chairman/chairperson], *[Commissioner]],
municipal health officer, municipal engineer or town
planning officer may summon any person to appear
315[before him] and to give evidence or produce documents
in respect of any question relating to taxation, or inspection
or registration, or to the grant of any licence or permission
under the provisions of this Act.
Notices, etc.
349. All notices and permissions given, issued or granted,
as the case may be under the provisions of this Act shall be
in writing and in such form as may be prescribed.
350. (1) Every licence, permission, notice, bill, Schedule,
summons or other document which is required by this Act
or by any rule, bye-law or regulation made under it to bear
the signature of the $[chairman/chairperson] or
*[Commissioner] or of any municipal officer shall be
deemed to be properly signed if it bears a facsimile of the
signature of the $[chairman/chairperson] or
*[Commissioner] or of such municipal officer, as the case
may be stamped thereon.
(2) Nothing in sub-section (1) shall be deemed to apply
to a cheque drawn upon the municipal fund or to any deed
of contract entered into by the council.
351. Every bye-law, order, notice or other document
directed to be published under this Act shall be written in, or
translated into, the main language of the district and
deposited at the municipal office, and a copy shall be
posted up in a conspicuous position at such office and such
other places as the council may direct. And a public
proclamation shall be made throughout the municipality by
315. Substituted by Act No.5 of 1971.
Summons to
attend and give
evidence or
produce
documents.
Form of notices
and permission.
Signature on
documents.
Publication of
bye-laws notices,
orders, etc.
[Act No. 6 of 1965] 291
beat of drum that such copy has been so posted up and
that the original is open to inspection at the municipal office.
352. Whenever the council has set apart any place for any
purpose authorised by this Act or has prohibited the doing
of anything in any place, the *[Commissioner] shall forthwith
cause to be put up a notice in English and in the main
language of the district at or near such place. Such notice
shall specify the purpose for which such place has been set
apart or the act prohibited in such place.
353. (1) When any notice, or other document is required by
this Act or by any rule, bye-law, regulation or order made
under it, is to be served on or sent to any person, the
service or sending thereof may be effected,-
(a) by giving or tendering the said document to such
person; of
(b) if such person is not found, by leaving such
document at his last known place of abode or business or
by giving or tendering the same to some adult member or
servant of his family; or
(c) if such person does not reside in the municipality
and his address elsewhere is known to the *[Commissioner]
by sending the same to him by post registered; or
(d) if none of the means aforesaid be available, by
fixing the same in some conspicuous part of such place of
abode or business.
(2) Where the person is an owner or occupier of any
building or land, it shall not be necessary to name the owner
or occupier in the notice or document, and in the case of
joint owners and occupiers it shall be sufficient to serve it
on, or send it to, one of such owners or occupiers.
Notice of
prohibition or
setting part of
places.
Method of serving
documents.
292 [Act No. 6 of 1965]
(3) Whenever in any bill, notice, form or other
document, served or sent under this Act, a period is fixed
within which any tax or other sum is to be paid or any work
executed or anything provided, such period shall save as
otherwise provided in this Act, be calculated from the date
of such service or sending.
Relations of occupier to owner.
354. If the occupier of any building or land makes on behalf
of the owner thereof any payment for which under this Act
the owner but not the occupier is liable, 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.
355. (1) If the occupier of any building or land prevents the
owner from carrying into effect in respect thereof any of the
provisions of this Act, the *[Commissioner] may, by an
order, require the said occupier to permit the owner, within
eight days from the date of service of such order, to execute
all such works as may be necessary.
(2) Such owner shall, for the period during which he is
prevented as aforesaid, be exempt from any fine or penalty
to which he might otherwise have become liable by reason
of default in executing such works.
356. If the owner of any building or land fails to execute any
work which he is required to execute under the provisions of
this Act or of any rule, bye-law, regulation or order made
under it, the occupier of such building or land may, with the
approval of the *[Commissioner] execute the said work and
shall be entitled to recover from the owner the reasonable
expenses incurred in the execution thereof, and may deduct
the amount thereof from the rent then or thereafter due by
him to the owner.
Obstruction of
owner by
occupier.
Recovery by
occupier of sum
leviable from
owner.
Execution of work
by occupier in
default of owner.
[Act No. 6 of 1965] 293
Powers of entry and inspection.
357. The 316[xxx] $[chairman/chairperson] or
*[Commissioner] or any person authorised by 316[xxx] him in
this behalf may enter into or on any building or land with or
without assistants or workmen in order to make any enquiry,
inspection, test, examination, survey, measurement, or
valuation or for the purpose of lawfully placing or removing
pipes or meters, or to execute any other work which is
authorised by the provisions of this Act or of any rule, bye-
law, regulation or order made under it, or which it is
necessary for any of the purposes of this Act or in
pursuance of any of the said provisions, to make or execute:
Provided that,-
(a) except when it is in this Act otherwise expressly
provided, no such entry shall be made after sunset and
before sunrise;
(b) except when it is in this Act otherwise expressly
provided, no dwelling house, and no part of a public
building, used as a dwelling place, shall be so entered
without the consent of the occupier thereof, unless the said
occupier has received at least two hours‘ previous notice of
the intention to make such entry;
(c) sufficient notice shall be given in every case even
when any premises may otherwise be entered without
notice, to enable the inmates of any apartment appropriated
to women to remove to some part of the premises where
their privacy may be preserved;
(d) due regard shall be had, so far as may be
compatible with the exigencies of the purpose of the entry,
316. Omitted by Act No.5 of 1971.
Power of entry to
inspect, survey or
execute the work.
294 [Act No. 6 of 1965]
to the social and religious usages of he occupants of the
premises.
358. (1) The 317[xxx] $[chairman/chairperson] or
*[Commissioner] or any person authorised by 317[xxx] him in
this behalf may, with or without assistants or workmen, enter
on any land adjoining or within 318[fifty metres] of any work
authorised by this Act or by any rule, bye-law regulation or
order made under it, for the purpose of depositing on such
land, any soil, gravel, stone or other materials, or of
obtaining access to such work, or for any other purpose
connected with the carrying on thereof.
(2) The 317[xxx] $[chairman/chairperson] or
*[Commissioner] or person authorised by 317[xxx] him as
aforesaid, shall, before entering on any land under sub-
section (1), give the owner or occupier three days previous
notice of the intention to make such entry and state the
purpose thereof, and shall if so required by the owner or
occupier fence off so much of the land as may be required
for such purpose.
(3) The 317[xxx] $[chairman/chairperson] or
*[Commissioner] shall not be bound to make any payment,
tender or deposit, before entering on any land under sub-
section (1), but as little damage as may be shall be done
and the 317[xxx] $[chairman/chairperson] or *[Commissioner]
shall pay compensation to the owner or occupier of land for
such entry and for any temporary or permanent damage
that may result therefrom.
(4) If such owner or occupier is dissatisfied with the
amount of compensation paid to him by 317[xxx] the
317. Omitted by Act No.5 of 1971.
318. Substituted by Act No.5 of 1971.
Power of entry on
lands adjacent to
works.
[Act No. 6 of 1965] 295
$[chairman/chairperson] or *[Commissioner] he may appeal
to the council. 319[xxx].
Power to enforce licensing provisions, orders, etc.
359. If, under this Act or any rule, bye-law or regulation
made under it, the licence or permission of the council,
320[$[chairman/chairperson], *[Commissioner]] or other
officer of the municipality or registration in the municipal
office is necessary for the doing of any act, and if such act is
done without such licence or permission or registration, or
in a manner not consistent with the terms of any such
licence or permission, then,-
(a) the 320[$[chairman/chairperson], *[Commissioner]]
or other officer may, by notice, require the person so doing
such act to alter, remove or, as far as practicable, restore to
its original state the whole or any part of any property,
moveable or immoveable, public or private affected thereby,
within a time to be specified in the notice; and further,
(b) if no penalty has been specially provided in this Act
for so doing such act, the person so doing it, shall be liable,
on conviction before a magistrate, to a fine not exceeding
fifty rupees for every such offence.
360. (1) Whenever by any notice, requisition, or order under
this Act, or under any rule, bye-law or regulation made
under it, any person is required to execute any work or to
take any measures or do anything, a reasonable time shall
be named in such notice, requisition or order within which
the work shall be executed, the measures taken, or the
thing, done.
319. Omitted by Act No.5 of 1971.
320. Substituted by Act No.5 of 1971.
Consequences of
failure to obtain
licences, etc., or
of breach of the
same.
Time for
complying with
order and power
to enforce in
default.
296 [Act No. 6 of 1965]
(2) If such notice, requisition or order is not complied
with within the time so named, the
321[$[chairman/chairperson], *[Commissioner]] or other
officer concerned 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 as aforesaid; and further if no penalty
has been specially provided in this Act for failure to comply
with such notice, the said person shall be liable on
conviction before a magistrate to a fine not exceeding fifty
rupees for every such offence.
361. (1) The *[Commissioner] may, subject to the
provisions of section 150, recover any reasonable expenses
incurred under section 360 from the person or anyone of the
persons to whom the notice, requisition or order was
addressed, and may, in executing work or taking measures
under section 360 utilize any materials found on the
property concerned or may sell them and apply the sale
proceeds in or towards the payment of the expenses
incurred.
(2) If the person to whom notice is given is the owner of
the property in respect of which it is given, the
*[Commissioner] may, whether any action or other
proceeding has been brought or taken against such owner
or not, require the person, if any, who occupies such
property, or any part thereof, under the owner, to pay to the
council, instead of to the owner, the rent payable by him in
respect of such property, as it falls due, up to the amount
recoverable from the owner under sub-section (1) or to such
smaller amount as the *[Commissioner] may think proper;
and any amount so paid shall be deducted from the amount
payable by the owner.
321. Substituted by Act No.5 of 1971.
Recovery of
expenses from
persons liable and
limitation of
liability of
occupier.
[Act No. 6 of 1965] 297
(3) For the purpose of deciding whether action should
be taken under sub-section (2) the *[Commissioner] may
require any occupier of property to furnish information as to
the sum paid by him as rent on account of such property
and as to the name and address of the person to whom it is
payable; and such occupier shall be bound to furnish such
information.
362. Instead of recovering any such expenses as aforesaid
in the manner provided under section 364, the
*[Commissioner] may, if he thinks fit, take an agreement
from the person liable to the payment thereof, to pay the
same in instalments of such amounts and at such intervals
as will secure the payment of the whole amount due, with
interest thereon, 322[at such rate as may be prescribed]
within a period of not more than five years.
Payment of compensation, etc., by and to the municipality.
363. In any case not otherwise expressly provided for in this
Act, the *[Commissioner] may, with the approval of the
323[Council], pay compensation to any person who sustains
damage by reason of the exercise by any municipal
authority, officer or servant, of any of the powers vested in
them by this Act or any other law, or by any rule, bye-law or
regulation made under it.
364. All costs, damages, penalties, compensation charges,
fees, other than school fees, expenses, rents, contributions
and other sums which under this Act or any other law or
rules or bye-laws made there-under or under any contract in
respect of water supply or drainage, made in accordance
with this Act, the rules or bye-laws, are due by any person to
the council, may, if there is no special provision in this Act
322. Substituted by Act No.3 of 1994.
323. Substituted by Act No.5 of 1971.
Power of
municipality to
pay
compensation.
Recovery of sums
due as taxes.
Power of
*[Commissioner]
to agree to
receive payment
of expenses in
instalments.
298 [Act No. 6 of 1965]
for their recovery, be demanded by bill as provided in the
rules in Schedule II and recovered in the manner provided
therein.
365. (1) No distrait shall be made, no suit shall be instituted
and no prosecution shall be commenced in respect of any
sum due to the council under this Act after the expiration of
a period of three years from the date on which distrait might
first have been made, or after the expiration of a period of
324[nine years] from the date on which a suit might first have
been instituted, or after the expiration of a period of 324[six
years] from the date on which prosecution might first have
been commenced, as the case may be, in respect of such
sum.
(2) It shall be the duty and responsibility of the
*[Commissioner] to place before the 325[council] a list of
arrears due to the council, under this Act which, if no action
is taken within the period specified in sub-section (1), are
likely to be time-barred, at least one year before the expiry
of the said period, stating the reasons for the delay in the
recovery of such amount and requesting for the instructions
or directions of the 325[council] in regard to the recovery of
such arrears.
326[(3) If the Commissioner fails to furnish the list as
aforesaid or omits to show in such list any arrears, or if the
arrears shown in the list are due to the failure on the part of
any bill collector or other employee of the council, entrusted
with the collection of sums due to the council under this Act,
the Commissioner or such bill collector or other employee,
as the case may be, shall be deemed to be negligent for
which action under sub-section (1) of section 374 may be
taken.]
324. Substituted by Act No.3 of 1994.
325. Substituted by Act No.5 of 1971.
326. Substituted by Act No.10 of 1975.
Limitation for
recovery of dues.
[Act No. 6 of 1965] 299
366. Subject to the provisions of section 365, no person
shall be tried for any offence against the provisions of this
Act, or of any rule or bye-law made under it, unless
complaint is made by the *[Commissioner] or by a person
expressly authorized in this behalf 327[by the Commissioner]
within three months of the commission of the offence. But
nothing therein shall affect the provisions of 327[the Code of
Criminal Procedure, 1973] in regard to the powers of certain
magistrates to take cognizance of offences upon information
received or upon their own knowledge or suspicion:
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.
367. (1) In case any fine or costs imposed or assessed by a
magistrate under this Act or under any rule or bye-law made
under it, shall not be paid, the magistrate may order the
offender to be imprisoned in default of payment subject to
all the restrictions, limitations and conditions imposed in
sections 64 to 70 (both inclusive) of the Indian Penal Code.
(2) Any fine, costs, tax or other sum imposed or
assessed by a magistrate under this Act or under any rule or
bye-law made under it shall be recoverable by such
magistrate under the 328[Code of Criminal Procedure, 1898],
as if it were a fine and the same shall, except in the case of a
fine on recovery, be paid to the council, to be applied to the
purposes of this Act.
327. Substituted by Act No.45 of 1976.
328. See now the Code of Criminal Procedure, 1973.
Persons
empowered to
prosecute.
Imprisonment in
default of
payment and
application of
costs, etc.
Central Act 45 of 1860.
Central Act 2 of 1974.
Central Act V of 1898.
300 [Act No. 6 of 1965]
368. If, on account of any act or omission, any person has
been convicted of an offence against the provisions of this
Act or against any rule or bye-law made under it and by
reason of such act or omission, damage has been caused
to any property owned by or vesting in the council, the said
person shall pay compensation for such damage,
notwithstanding any punishment to which he may have
been sentenced for the said offence. In the event of dispute,
the amount of compensation payable by the said person
shall be determined by the magistrate before whom he was
convicted of the said offence on application made to him for
the purpose by the *[Commissioner] not later than three
months from the date of conviction; and in default of
payment of the amount of compensation so determined, it
shall be recovered under a warrant from the said magistrate
as if it were a fine inflicted by him on the person liable
therefor.
LEGAL PROCEEDINGS.
369. (1) No suit for damages or compensation shall be
instituted against the council, any municipal authority, officer
or servant, or any person acting under the direction of such
council, municipal authority, officer or servant, in respect of
any act done in pursuance or execution or intended
execution of this Act or any rule, bye-law, regulation or order
made under it or in respect of any alleged neglect or default
in the execution of this Act, or any rule, bye-law, regulation,
or order made under it, until the expiration of three months
after a notice has been delivered or left at the municipal
office or at the place of abode of such officer, servant or
person, stating the cause of action, the relief sought and the
name and the place of abode of the intending plaintiff; and
the plaint shall contain a statement that such notice has
been so delivered or left.
Payment of
compensation for
damage to
municipal
property.
Institution of suits
against municipal
authorities,
officers and
servants.
[Act No. 6 of 1965] 301
(2) Every such suit shall be instituted within six months
after the date on which the cause of action arose or in a
case of a continuing injury or damage, during such
continuance or within six months after the ceasing thereof.
(3) Where the defendant in any such suit is the
$[chairman/chairperson], the *[Commissioner] or a
municipal officer or employee, payment of the sum or any
part of any sum, payable by him in, or in consequence of,
the suit whether in respect of costs, charges, expenses,
compensation, for damages or otherwise, shall be met from
the municipal fund.
370. The Commissioner may, 329[xxx]
(a) take, or withdraw from, proceedings against any
who commits,-
(i) any offence against this Act, the rules, bye-laws or
regulations;
(ii) any offence which affects or is likely to affect any
property or interest of the council or the due administration
of this Act;
(iii) any nuisance whatsoever;
(b) compound any offence against this Act, the ruIes,
bye-laws or regulations which has been specified as
compoundable in Schedule VI;
(c) take, withdraw from or compromise, proceedings
for the recovery of expenses or compensation claimed to be
due to the council;
329. Omitted by Act No.3 of 1994.
Provisions
respecting
institutions etc., of
civil and criminal
actions and
obtaining of legal
advice.
302 [Act No. 6 of 1965]
(d) withdraw or compromise any claim against any
person in respect of a penalty payable under a contract
entered with such person;
(e) defend any suit or other legal proceedings brought
against the council or against any municipal authority,
officer or employee, in respect of anything done or omitted
to be done as aforesaid:
330[xxx]
(f) compromise any claim, suit or legal proceedings
brought against the council or against any municipal
authority, officer or employee, in respect of anything done or
omitted to be done as aforesaid;
(g) institute and prosecute any suit or withdraw from or
compromise any suit or claim, which has been instituted or
made in the name of the council or any other 331[municipal
authority, officer or employee];
(h) obtain such, legal advice and assistance 331[as he
may], from time to time, think it necessary or expedient to
obtain, or 331[as he may] be desired by the council to obtain,
for any of the purposes mentioned in the foregoing clauses
of this section or for securing the lawful exercise or
discharge of any power or duty vesting in or imposed upon,
any municipal authority or officer or employee.
371. The election authority may defend himself if sued or
joined as party in any proceeding relating to the preparation
or publication of electoral rolls to the conduct of elections,
as the case may be, and the expenses incurred by the
330. Proviso to clause (e) in section 370 omitted by Act No.3 of 1994.
331. Substituted by Act No.5 of 1971.
Power of election
authority to
defend himself if
sued.
[Act No. 6 of 1965] 303
election authority in so doing shall be payable from the
municipal fund.
372. Notwithstanding anything in the Code of Civil
Procedure, 1908 or in any other law for the time being in
force, no court shall grant any temporary injunction or make
any interim order restraining any proceeding which is being
or about to be taken under this Act, for the preparation or
publication electoral rolls or for the conduct of any elections.
373. No suit shall be maintainable against the Government,
the district collector, the revenue divisional officer or any
$[chairman/chairperson], municipal authority, officer or
employee or any person acting under the direction of any
$[chairman/chairperson], municipal authority, officer or
employee, or of a magistrate, in respect of anything done in
good faith under this Act or any rule, bye-law, regulation or
order made under it.
374. (1) The $[chairman/chairperson], 332[every #[Member],
the Commissioner, the Municipal Health Officer, the
Municipal Engineer, the Education Officer, 333[the town
planning officer]] and the bill collector or other employee of
the council, entrusted with the collection of sums due to the
council under this Act] shall be liable for the loss, waste or
misapplication of any money or other property owned by or
vested in the council, if such loss, waste or misapplication is
a direct consequence of his neglect or misconduct and a
suit for compensation may be instituted against him by the
council with the previous sanction of the Government or by
the Government.
(2) No such suit shall be instituted after three years
after the accrual of the cause of action.
332. Substituted by Act No.5 of 1971.
333. Substituted by Act No.10 of 1975.
Injunctions not to
be granted in
election
proceedings.
Central Act 5 of 1908.
Liability for loss,
waste or
misapplication.
Indemnity to the
Government
Collector, revenue
divisional officer,
municipal
authorities,
officers and
agents.
304 [Act No. 6 of 1965]
375. When the $[chairman/chairperson], 334[xxx] any
#[Member], the *[Commissioner] or municipal health officer
or any other officer is accused of any offence alleged to
have been committed by him while acting or purporting to
act in the discharge of his official duly, no court shall take
cognizance of such offence except with the previous
sanction of the Government.
376. (1) No assessment or demand made, and no charge
imposed under the authority of this Act shall be questioned
or affected by reason of any clerical error or by reason of
any mistake (a) in respect of the name, residence, place of
business or occupation of any person, or (b) in the
description of any property or thing, or (c) in respect of the
amount assessed, demanded or charged, provided that the
provisions of this Act have been, in substance and effect,
complied with; and no proceedings under this Act shall,
merely for defect in form, be quashed or set aside by any
Court:
Provided that the person or property so assessed or
charged is reasonably ascertainable.
(2) No suit shall be brought in any court to recover any
sum of money collected under the authority of this Act or to
recover damages on account of any assessment or
collection of money made under the said authority:
Provided that the provisions of this Act have been, in
effect, complied with.
(3) No distrait or sale under this Act shall be deemed
unlawful, nor shall any person making the same be deemed
a trespasser, on account of any error, defect or want of form
in the bill, notice, schedule, form, summons, notice of
334. Omitted by Act No.5 of 1971.
Assessment etc.,
not to be
questioned.
Sanction for
prosecution of
chairman,
#[Member],
334[xxx]
*[Commissioner]
or municipal
health officer or
any other officer.
[Act No. 6 of 1965] 305
demand, warrant of distrait, inventory, or other proceeding
relating thereto, if the provisions of this Act, the rules and
bye-laws have in substance and effect been complied with:
Provided that every person aggrieved by any
irregularity may recover compensation for any special
damage sustained by him.
335[(4) Notwithstanding anything contained in sub-
sections (1), (2) and (3), no suit shall be entertained by any
court of law unless the assessee pays fifty percent of the tax
levied and demanded.]
377. Notwithstanding anything in the Code of Civil
Procedure, 1908 or in any other law for the time being in
force, no court shall grant any interim or temporary
injunction or make any interim orders restraining any
proceeding which is being or about to be taken under rule 8
in Schedule II to this Act, for the revision or amendment of
the assessment books or restraining such revision or
amendment from taking effect.
POLICE
378. (1) It shall be the duty of every police officer,-
(a) to communicate without delay to the proper
municipal officer any information which he receives of the
design to commit or of the commission of any offence under
this Act or any rule, bye-law or regulation made under it, and
(b) to assist the $[chairman/chairperson], the
*[Commissioner] or any municipal officer or employee
reasonably demanding his aid for the lawful exercise of any
power vesting in the $[chairman/chairperson] or the
335. Inserted by Act No.3 of 1994.
Injunctions not to
be granted in
respect of revision
or amendment of
assessment book.
Central Act 5 of 1908.
Duties of police
officers.
306 [Act No. 6 of 1965]
*[Commissioner] or in such municipal officer or employee
under this Act, or any such rule, bye-law or regulation.
(2) Any police officer who omits or refuses to perform
any duty imposed on him by this Act shall be deemed to
have committed an offence under the law governing the
police force for the time being in force.
379. (1) If any police officer sees any person committing an
offence against any of the provisions of this Act or of any
rule or bye-law made under it, he shall, if the name and
address of such person are unknown to him, and if the said
person on demand declines to give his name and address,
or gives a name and address which such officer has reason
to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be
detained in custody,-
(a) after his true name and address are ascertained,
or
(b) without the order of a magistrate for any longer
time, not exceeding twenty-four hours from the hour of
arrest, than is necessary for bringing him before a
magistrate.
380. The Government may empower any municipal officer
or employee or any class of municipal officers or employees
to exercise the powers of a police officer for the purposes of
this Act and of the 336Telangana Towns Nuisances Act, 1889.
336. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power of police
officers to arrest
persons.
Exercise of
powers of police
officer by
municipal officers
or employees.
[Act No. 6 of 1965] 307
MISCELLANEOUS.
381. Every municipal officer or employee, every contractor
or agent for the collection of any municipal tax, fee or other
sum due to the council and every person employed by any
such contractor or agent for the collection of such tax, fee or
sum shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.
382. No person shall obstruct or molest the council, 337[xxx]
the $[chairman/chairperson], any #[Member], the
*[Commissioner] or any other municipal officer or employee
or any person employed by the council or any person with
whom a contractor has been entered into on behalf of the
council, in the performance of their duty or of anything
which they are empowered or required to do by virtue or in
consequence of this Act or of any bye-law, rule, regulation
or order made under it.
383. No person shall remove any mark set up for the
purpose of indicating any level or direction incidental to the
execution of any work authorized by this Act or by any bye-
law, rule or order made under it.
384. No person shall, without authority in that behalf;
remove, destroy, deface or otherwise obliterate, any notice
exhibited by, or under the orders of the council or the
*[Commissioner] or other officer authorised by him in this
behalf.
385. No person shall, without authority in that behalf,
remove earth, sand or other material or deposit any matter
or make any encroachment from, in, or on, any land vested
in the council, or river, estuary, canal, back-water or water
337. Omitted by Act No.5 of 1971.
Application of
term of public
servant, to
municipal officers,
agents and sub-
agents.
Central Act 45 of 1860.
Prohibition
against
obstruction of
municipal
authorities,
employees and
contractors.
Prohibition
against
unauthorised
dealings with
public place or
materials.
Prohibition
against removal of
obliteration of
notice.
Prohibition
against removal
mark.
308 [Act No. 6 of 1965]
course, not being private property or in any way obstruct the
same materials.
386. (1) 338[Every person who is elected to be a #[Member]]
shall, before taking his seal, make at a meeting of the
council an oath or affirmation of his allegiance to the
Constitution of India in the following form, namely:—
―I,........................ having become a #[Member] of the
Municipal Council swear in the name of God/solemnly affirm
that I will bear true faith and allegiance to the Constitution of
India as by law established, that I will uphold the sovereignty
and integrity of India and that I will faithfully discharge the
duty upon which I am about to enter.‖
(2) Any such #[Member] who fails to make, within three
months of the date on which his term of office commences
or at one of the first three meetings held after the said date,
whichever is later, the oath or affirmation laid down in sub-
section (1), shall cease to hold his office and his seat shall
be deemed to have become vacant.
(3) No such #[Member] shall take his seat at a meeting
of the council or do any act as such council or, unless he
has made the oath or affirmation as laid down in this
section.
(4) Where a person ceases to hold office under sub-
section (2), the *[Commissioner]shall report the same to the
council at its next meeting and on application of such
person made within thirty days of the date on which he has
ceased to be a member under that sub-section the council
may grant him further time which shall not be less than three
months for making the oath or affirmation and if he makes
the oath or affirmation within the time so granted, he shall,
338. Substituted by Act No.33 of 1986.
Oath of allegiance
to be taken by
#[Members].
[Act No. 6 of 1965] 309
notwithstanding anything in the foregoing sub-sections,
continue to hold his office.
387. (1) The Government may, by notification in the
339Telangana Gazette, delegate to any person or authority all
or any of the powers vested in them by this Act except the
power to make rules and may, in like manner, withdraw any
powers so delegated.
(2) The exercise of any powers delegated under sub-
section (1) shall be subject to such restrictions and
conditions as may be prescribed or as may be specified in
the notification and also to control and revision by the
Government.
340[387-A. The Government may from time to time give such
directions not inconsistent with the provisions of the Act or
the rules made thereunder to the municipalities as it may
consider necessary for carrying out the purposes of this
Act.]
388. (1) When a dispute exists between a council and one
or more than one local authority in regard to any matters
arising under the provisions of this Act or any other
enactment and the Government are of opinion that the local
authorities concerned are unable to settle it amicably among
themselves, the Government may take cognizance of the
dispute; and
(a) decide it themselves, or
(b) refer it for inquiry and report to an arbitrator or a
board of arbitrators.
339. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
340. Inserted by Act No.20 of 1989.
Delegation of
powers by the
Government
Power to give
directions.
Adjudication of
disputes between
local authorities.
310 [Act No. 6 of 1965]
(2) The report referred to in clause (b) of sub-section
(1) shall be submitted to the Government who shall decide
the dispute in such manner as they deem fit.
(3) Any decision given under clause (a) of sub-section
(1) or under sub-section (2), may, at the instance, whether
before or after the commencement of this Act, of the local
authorities concerned, be modified from time to time by the
Government in such manner as they deem fit, and any such
decision with the modifications, if any, made therein under
this sub-section, may, at the instance of such local
authorities be cancelled at any time by the Government. Any
such decision or any modification therein or cancellation
thereof, shall be binding on each of the local authorities
concerned and shall not be liable to be questioned in any
court of law.
389. In regard to the first constitution of a council for any
local area under section 3, or to the first reconstitution in
accordance with the provisions of this Act, of a council in
existence at the commencement thereof, and otherwise in
first giving effect to the provisions of this Act, this Act shall
be read subject to the rules in Schedule IX.
341[389-A. (1)(a) The Government may by notification in the
342Telangana Gazette, declare any local area to be a notified
area, for the purpose of application of all or any of the
provisions of this Act in the said notified area.
(b) Where any local area is declared as a notified
area, the Government may pass such orders as they may
deem fit, as to exclude the local area from the jurisdiction of
the local authority concerned, as to the disposal of any part
of the property vested in such local authority and as to the
341. Section 389-A inserted by Act No.1 of 1969.
342. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Act to be read
subject to
Schedule IX in
regard to first
reconstitution of
councils, etc.
Notified Areas.
[Act No. 6 of 1965] 311
discharge of the liabilities of such local authority relating to
the said property, or arising from such local area.
(2) The Government may, by notification in the
343Telangana Gazette,—
(a) apply or adapt to a notified area or any part
thereof, any provision of this Act or of any rule or bye-law
made thereunder,
(b) impose in a notified area or any part thereof,
(i) any tax, which might be imposed by the Council
under the provisions of this Act, if the notified area were a
municipality;
(ii) where it is a mining area, a tax on mineral rights,
subject to any limitations which may be imposed by
Parliament by law relating to mineral development and the
rules made thereunder, and subject to such rules as may be
prescribed in this behalf;
(c) appoint a committee for the purposes of,-
(i) the assessment and recovery of any tax imposed
under clause (b);
(ii) arranging the due expenditure of the proceeds
of such taxes;
(iii) the preparation and maintenance of proper
accounts; and
343. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
312 [Act No. 6 of 1965]
(iv) generally enforcing the provisions of this Act or
any rule or bye-law applied or adapted under clause (a);
(d) provided for,-
(i) the total number of members of the committee,
which shall not be less than seven but not more than fifteen,
to be nominated by the Government of whom,-
(A) not less than two but not more than four shall be
officials;
(B) not less than two but not more than four shall be
persons representing the mining or industrial managements
within the notified area;
(C) not less than two but not more than four shall be
persons representing the employees of such managements;
and
(D) not more than three shall be other persons residing
within the notified area;
(ii) the persons who shall be the $[chairman/
chairperson] and vice-chairman of the committee, or the
manner in which they shall be chosen, from among the
members of the committee;
(iii) the term of office of the members of the
committee; and
(iv) the restrictions and conditions subject to which
the committee may perform its functions.
(3) The proceeds of any tax imposed in a notified area
under this section shall be expended in the same manner in
[Act No. 6 of 1965] 313
which the municipal fund might be expended under the
provisions of this Act, if the notified area were a municipality.
(4) For the purpose of any provisions of this Act, which
may be applied or adapted to a notified area the committee
appointed for such area shall be deemed to be a council
under this Act and the area shall be deemed to be a
municipality.
(5) The Government may at any time, modify or cancel
any notification issued under this section.
(6) Where by reason of the cancellation under sub-
section (5) of any notification issued under this section, any
area ceases to be a notified area, the Government may pass
such orders as they may deem fit, as to the transfer of the
assets of the committee of such area, as to the discharge of
the liabilities, if any, of such committee and as to the manner
in which the expended funds shall be applied.]
344[389-B. Notwithstanding anything contained in this Act, or
in any other law for the time being in force relating to the
Municipalities or the notified area committees, the
Government may, in consultation with any Municipality or
the notified area Committee, as the case may be, and also
the 345Telangana Industrial Infrastructure Corporation, by
notification in the 345Telangana Gazette, and subject to such
restrictions and conditions including those relating to the
remittance of such percentage of the property tax to a
Municipality or to a notified area Committee and to such
control and revision as may be specified therein direct that
any power or function vested in the Municipality or the
notified area Committee by or under this Act shall be
344. Substituted by Act No.3 of 1994.
345. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
Power to transfer
functions of
Municipalities to
Andhra Pradesh
Industrial
Infrastructure
Corporation.
Power to transfer
functions of
Municipalities to
345Telangana
Industrial
Infrastructure
Corporation.
314 [Act No. 6 of 1965]
transferred to and exercised and performed by the
346Telangana Industrial Infrastructure Corporation.]
347[389-C. (1) The Municipality shall maintain and publish all
its records duly categorized and indexed in a manner and
form which facilitates the disclosure of information at
quarterly, half yearly and yearly intervals to the public in
such manner as may be prescribed.
(2) The manner of disclosure of information to general
public and other stakeholders shall be:-
(i) by publishing important information through
newspapers;
(ii) through internet;
(iii) by placing the information on the notice board of
the municipality;
(iv) by placing the information on the notice boards of
ward offices;
(v) through printed material; and
(vi) any other mode as may be prescribed.
(3) The following information shall be disclosed by the
Municipality, namely:-
(i) basic particulars of the Municipality;
(ii) statement showing the composition of the
Municipality;
346. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
347. Added by Act No.7 of 2008.
Disclosure of
information.
[Act No. 6 of 1965] 315
(iii) mode of accessibility of the minutes of the
meeting of the Council;
(iv) directory containing the designations of officers
and employees;
(v) particulars of officers who are competent to grant
concessions, permissions, permits and authorizations for
each branch of activity relating to Municipality;
(vi) particulars of officers responsible for delivery of
various services and their contact phone numbers;
(vii) financial statements of balance sheet, income
and expenditure and cash flow on a quarterly basis within
two months of the end of each quarter;
(viii) statutorily audited financial statements of the
financial year within six months of the end of the financial
year;
(ix) service levels being provided for each of the
services, namely, water supply, drainage, sewerage, solid
waste management, roads, parks and play grounds, street
lights by the municipality;
(x) particulars of all plans, proposed expenditure,
actual expenditures on major services provided or activities
performed;
(xi) details of subsidy programmes and the manner
and criteria of identification of beneficiaries for such
programmes;
(xii) list of beneficiaries of all welfare and subsidy
programmes;
316 [Act No. 6 of 1965]
(xiii) particulars of Master Plan, Development Plan or
any other plan concerning the development of municipal
area;
(xiv) particulars of major works together with
information on the value of works, time of completion and
details of contracts;
(xv) details of municipal funds:-
(a) income generated in the previous year from
taxes and non-taxes, i.e., water charges, rents from
municipal buildings, fees from markets and slaughter
houses, fees from various categories of licences, building
permit fee, betterment charges, other town planning
receipts, encroachment fee, parking fee and other
miscellaneous items;
(b) taxes and non-taxes remained uncollected
during the previous year and the reasons therefor;
(c) list of defaulters who have arrears of property tax
exceeding one lakh rupees per annum;
(d) assigned revenues transferred from State
Government, i.e., entertainment tax, surcharge on stamp
duty and profession tax during the previous year;
(e) plan and non-plan grants released by
Government during the previous year;
(f) grants released by Government for
implementation of schemes, projects and programmes,
assigned or entrusted to Municipality, the nature and extent
of utilization during the previous year;
[Act No. 6 of 1965] 317
(g) money raised through donations or
contributions from the public during the previous year;
(xvi) annual budget;
(xvii) budget allocations made during the year for the
welfare of Scheduled Castes, Scheduled Tribes, Women
and Children together with the extent of utilization in the
previous year;
(xviii) budget allocation made during the year for the
slum areas together with the extent of utilization in the
previous year;
(xix) such other information, as may be prescribed.]
390. After section 60 of the 348Telangana Mining Settlements
Act, 1956, the following section shall be inserted, namely:—
60-A. Extension of provisions of law relating to
municipalities or of rules thereunder,-
(1) The Government may, at the request of that Board
or otherwise by notification declare that any of the
provisions of the 349Telangana Municipalities Act, 1965, or of
any rule made thereunder including those relating to
taxation shall be extended to and be in force in the Mining
Settlement 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 adapting them to the
Mining Settlement or any special area therein.
348. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2015.
349. Adapted by G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
Amendment of
348Telangana
Mining
Settlements Act,
1956.
Act XLIV of 1956.
318 [Act No. 6 of 1965]
(3) Without prejudice to the generality of the foregoing
provision, all references to a council, 350[xxx] or
$[chairman/chairperson] thereof shall be construed as
references to Board, or $[chairman/chairperson] thereof, all
references to any officer or employee of a council as
references to the corresponding officer or employee of
Board and all references to Municipal limit as references to
the limits of the Mining Settlement or the specified area
therein, as the case may be.
391. (1) The Andhra Pradesh (Andhra Area) District
Municipalities Act, 1920 is hereby repealed.
(2) On and from the commencement of this Act, except
Chapter XIV, the other provisions of the Andhra Pradesh
(Telangana Area) District Municipalities Act, 1956 are hereby
repealed.
(3) The provisions of the Government Buildings Act,
1899, shall cease to apply to buildings within the limits of
municipalities constituted or deemed to be constituted
under this Act.
(4) The provisions of sections 89, 90 and 94 of the
Andhra Pradesh (Andhra Area) Public Health Act, 1939,
shall apply to municipalities.
350. Omitted by Act No.5 of 1971.
Repeal of Andhra
Pradesh (Andhra
Area) District
Municipalities Act,
1929 and Andhra
Pradesh
(Telangana Area)
District
Municipalities Act,
1956.
Act V of 1920.
Act XVIII of 1956.
Central Act IV of 1898.
Act 3 of 1939.
[Act No. 6 of 1965] 319
SCHEDULE I.
RULES REGARDING PROCEEDINGS OF THE COUNCIL.
(Section 32.)
Mode of transacting business.
1. The council shall provide an office and shall meet
therein for the transaction of business at least once in every
month, upon such days and at such times as it may fix and
also at other times as often as a meeting is called by the
$[chairman/chairperson]:
Provided that no meeting shall be held on a public
holiday.
Explanation.- For the purposes of these rules, the
expression ‗public holiday‘ includes Sundays and any other
day declared by the Government, by notification in the
351Telangana Gazette, to be a public holiday.
2. (1) No meeting shall be held unless notice of the day
and time when the meeting is to be held and of the business
to be transacted thereat has been given at least three clear
days before the day of the meeting.
(2) In cases of urgency the $[chairman/chairperson]
may convene a meeting on giving shorter notice than that
specified in sub-rule, (1).
(3) The agenda for the meeting shall be prepared by
the *[Commissioner] in consultation with the
$[chairman/chairperson]. The *[Commissioner] may include
351. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
320 [Act No. 6 of 1965]
in the agenda any subject which in his opinion should be
considered by the council and shall include therein any
subject specified by the $[chairman/chairperson]. On any
subject included in the agenda the $[chairman/chairperson]
as well as the *[Commissioner] shall have the right of
recording his views in a note and such note shall be
circulated to the #[Members] or placed before the council
before or at the time of the consideration of such subject by
the council.
3. (1) The $[chairman/chairperson] shall, on the
requisition in writing of not less than one-third of the
#[Members] then on the council, convene a meeting of the
council provided that the requisition specifies the day, other
than a public holiday, the time and the purpose for which
the meeting is to be held. The requisition shall be delivered
at the municipal office during office hours, to the
$[chairman/chairperson], *[Commissioner], manager or any
other person who may then be in charge of the office, at
least ten clear day before the day of the meeting.
(2) Where the $[chairman/chairperson] fails within forty-
eight hours from the delivery of such requisition to call a
meeting on the day specified therein, or within three days
from such day, the meeting may be called by the
#[Members] who signed the requisition on giving the notice
provided for in sub-rule (1) of rule 2 to the other councillors.
4. All meetings of the council shall be open to the public:
Provided that the presiding #[Member] may, and at the
request of the council shall, in any particular case, for
reasons to be recorded in the minute book kept under rule
9, direct that the public generally, any particular person,
shall withdraw.
[Act No. 6 of 1965] 321
5. All questions which may come before the council at
any meeting shall be decided by a majority of the
#[Members] present and voting at the meeting and, in every
case of equality of Votes, the presiding #[Member] shall
have and exercise a second or casting vote.
6. No business shall be transacted at a meeting unless
there be present at least six #[Members] and if the number
of #[Members] then the council exceeds sixteen, at least
one-third of that number.
7. If within half an hour after the time appointed for a
meeting a quorum is not present, the meeting shall stand
adjourned unless all the #[Members] present agree to wait
longer.
8. No resolution of the council shall be modified or
cancelled within three months after the passing thereof
except at a meeting specially convened in that behalf and
by a resolution of the council supported by not less than
one-half of the number of #[Members] then on the council.
9. Minutes of the proceedings at each meeting of the
council shall be drawn up and entered in a book to be kept
for that purpose; and shall be signed by the presiding
#[Member], and the said minutes shall, at all reasonable
times and without charge, be open at the municipal office to
the inspection of any person who pays any tax under this
Act in the municipality.
10. Within three days of the date of the meeting, a copy of
the minutes of the proceedings at such meeting in English
and in the main language of the district, shall be forwarded
by the *[Commissioner] to the Collector of the district and
another copy to the Regional Director of Municipal
Administration of the region in which the municipality is
situated. An authenticated copy of the said minutes shall
322 [Act No. 6 of 1965]
also be affixed to the notice board of the municipal office
and relevant extracts of the said minutes shall be sent to the
heads of departments of the Government and to the
superintending officers appointed under sub-section (1) of
section 63 for information and necessary action. The
$[chairman/chairperson] shall immediately submit to the
Collector and to the Regional Director a copy of any minute
of dissent that may be forwarded to him within forty eight
hours of the meeting by any #[Member].
11. The *[Commissioner] shall have the custody of the
proceedings and records of the council and may grant
copies of any such proceedings and records on payment of
such fees as the council may, by general or special order,
determine. Copies shall be certified by the *[Commissioner]
as provided in section 76 of the Indian Evidence Act, 1872
and copies so certified may be used to prove the records of
the council in the same manner as they may, under sub-
section (5) of section 78 of the said Act, be used to prove
the proceeding of that body.
12. & 13. 352[xxx]
352. Rules 12 & 13 of Schedule – I omitted by Act No.5 of 1971.
Central Act 1 of 1872.
[Act No. 6 of 1965] 323
SCHEDULE II.
TAXATION AND FINANCE RULES.
PART I-TAXATION RULES.
(Section 130.)
Definition of tax.
1. In these rules, ‗tax‘ includes payment due by way of
composition for a tax.
Provisions common to taxes in general
2. (1) The *[Commissioner] shall prepare and keep
assessment book in such form as may be prescribed
showing the persons and property liable to taxation under
this Act.
(2) The assessment books and where detailed
particulars relating to any assessment are kept in separate
records, the portion thereof containing such particulars shall
be open, at all reasonable times and free of charge, to
inspection by any person who pays any tax to the
municipality or his authorized agent and such person or
agent shall be entitled to take extracts free of charge from
the said books and records.
(3) The account books of the municipality shall be
open, free of charge, to inspection by any person who pays
any tax to the municipality or his authorized agent on a day
or days in each month to be fixed by the council.
3. The *[Commissioner] shall, save as otherwise provided
in this Act, determine the tax to which each property or
person is liable:
324 [Act No. 6 of 1965]
Provided that, in the case of taxes payable by the
*[Commissioner], the original assessment shall be made by
the revenue divisional officer in whose jurisdiction the
municipality is situated.
353[4. [xxx]]
5. (1) The *[Commissioner] shall give to every person
making payment of a tax a receipt therefor signed by him or
by some person duly authorised by him in that behalf.
(2) Such receipt shaIl specify,-
(a) the date of the issue thereof;
(b) the name of the person to whom it is issued;
(c) the category of tax in respect of which the
payment has been made;
(d) the period for which payment has been made;
and
(e) the amount paid.
Assessment of the property tax.
6. The value of any land or building for purposes of the
property tax shall be determined by the *[Commissioner]
after giving an opportunity of making a representation to the
owner of the land or building:
Provided that the value of any land or building, the tax
for which is payable by the *[Commissioner], shall be
353. Rule 4 of Schedule-II omitted by Act No.3 of 1994.
[Act No. 6 of 1965] 325
determined by the revenue divisional officer in whose
jurisdiction the municipality is situated.
7. The *[Commissioner] shall enter the capital value or
the annual rental value, as the case may be, of all lands and
buildings determined by him and the tax payable thereon in
assessment books to be kept for the purpose at the
municipal office. Such books shall record the following
particulars, in so far as they can be ascertained, with regard
to each assessable item:-
(a) the name of the owner;
(b) the name of the occupier;
(c) the designation, if any, of the item;
(d) the name of the ward and street, if any, in which it is
situated, and any survey or other number which it bears;
(e) the capital or annual rental value; and
(f) the amount of the tax payable.
8. (1) The assessment books shall be completely revised
by the *[Commissioner] once in every five years and also at
any time between one complete revision and another if the
Government, so direct:
Provided that the Government may, by notification in
the 354Telangana Gazette, in the case of any specified
municipality, advance or postpone the date from which or fix
the intervals at which, such complete revision of assessment
books shall be effected.
354. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
326 [Act No. 6 of 1965]
(2) The *[Commissioner] may amend the assessment
books at any time between one general revision and
another by inserting therein or removing therefrom any
property or by altering the valuation of any property or the
amount of tax, or subject to any rules which the Government
may make in this behalf, by substituting therein for the name
of the owner of any property the name of any other person
who has succeeded by transfer or otherwise to the
ownership of the property. Such amendment shall be
deemed to have taken effect on the first day of the 355[half
year] in which it is made:
Provided that, when the amendment is made in any
355[half year] after the demand notice for that 355[half year]
has been issued, it shall have effect only from the
succeeding 355[half year]:
Provided further that the decision of the
*[Commissioner] in any disputed case of transfer of
ownership of a property shall not give the transferee a legal
title to the property.
9. (1) Notwithstanding anything in rule 8, valuation
officers shall be appointed by the Government in the case of
any municipality notified by the Government. The valuation
officers shall exercise the powers, discharge the duties and
perform the functions, of the *[Commissioner] under these
rules in so far as they relate to the complete revision of the
assessment books under rule 8. On the issue of such a
notification, for the term *[Commissioner], wherever it
occurs in these rules in so far as they relate to such
complete revision and the hearing of revision petitions filed
in connection therewith, the term ‗‗valuation officer‖ shall be
deemed to have been substituted.
355. Substituted by Act No.7 of 1970.
[Act No. 6 of 1965] 327
(2) (a) The Government shall appoint the valuation
officers and sanction to them such establishment as the
Government may deem necessary, for the purpose of
enabling the said officers to carry out their duties.
(b) The Government shall pay out of the Consolidated
Fund of the State, the salaries, allowances, leave
allowances, cost of training, pension and contributions, if
any, towards the provident or provident-cum-pension fund
of the valuation officers and their establishment.
(c) The Government shall recover from the council
concerned the whole or such proportion of,-
(i) the salary and allowances paid to the valuation
officers and to their establishment and such contribution
towards the leave salary and allowances, pensions or
provident or provident-cum-pension fund of the valuation
officers and of their establishment; and
(ii) the cost of training the valuation officers and
their establishment as the Government may, by general or
special orders, determine.
(3) The *[Commissioner] shall, subject to the
provisions of rule 26, maintain the assessment books
relating to the property tax in accordance with the valuation
fixed by the valuation officer.
(4) The *[Commissioner] shall, when so requested by
the valuation officers, make available to the valuation
officers such staff as may be necessary for the exercise of
the powers, discharge of the duties and performance of the
functions of the valuation officers.
(5) The classification, methods of recruitment,
conditions of service, pay and allowances and discipline
328 [Act No. 6 of 1965]
and conduct of the valuation officers and the members of
their establishment, shall be regulated under Article 309 of
the Constitution.
10. (1) When assessment books have been prepared for
the first time and whenever a general revision of such books
has been completed the *[Commissioner] shall give public
notice stating that revision petitions will be considered, if
they reach the municipal office within a period of sixty days
from the date of such notice in the case of the Government
or a railway administration or a company and of, thirty days
from the said date in other cases. The notice shall be affixed
to the notice board of the municipal office and on the same
day be published in the municipality by beat of drum:
Provided that in every case where there is an
enhancement in the assessment, the *[Commissioner] shall
also cause intimation thereof to be given by a special notice
to be served on the owner or occupier of the property
concerned:
Provided further that, in every case where a special
notice is required to be served on the owner or occupier
under the first proviso, the period of sixty days and thirty
days referred to in this rule shaIl be calculated from the date
of service of such special notice.
(2) Before the public notice under sub-rule (1) is given,
it shall of open to the Director, the Deputy Director or the
Regional Director of Municipal Administration to make a test
check of the assessments made by the *[Commissioner].
On the completion of the test check, such officer may give
to the *[Commissioner] such directions, as he deems fit, in
regard to the correction of assessments and the
*[Commissioner] shall carry out the directions before the
public notice is given.
[Act No. 6 of 1965] 329
11. In every case which between one general revision and
another, the *[Commissioner] assesses any property for the
first time or increases the assessment on any property
otherwise than in consequence of a general enhancement
of the rate at which the property tax is leviable, the
*[Commissioner] shall intimate by a special notice to the
owner or occupier of such property that a petition for
revising the assessment will be considered if it reaches the
municipal office within sixty days from the date of service of
such notice in the case of the Government or a railway
administration or a company, and within thirty days from the
said date in other cases.
12. Any person may, at any time, not being less than thirty
days before the end of a 356[half year], move the
*[Commissioner] by revision petition to reduce the tax to
which he is liable for the forth coming 356[half year] on the
ground that the capital value or the annual rental value of
the property in respect of which the tax is imposed has
decreased, since the assessment of the property was last
made or revised.
13. No petition under rule 10, rule 11 or rule 12 shall be
disposed of unless the petitioner has been given an
opportunity to appear either in person or by authorised
agent and to represent his case.
14. Immediately after the disposal of a revision petition, the
*[Commissioner] shall inform the petitioner or his authorised
agent, in writing, of the orders passed thereon, shall direct
him to pay the amount fixed on revision within fifteen days
after the date of receipt of such intimation, or if the amount
is not yet due, within fifteen days from the date on which it
becomes due, and shall, if necessary, cause the
assessment books to be corrected.
356. Substituted by Act No.7 of 1970.
330 [Act No. 6 of 1965]
15. (1) On the constitution of a new municipality,
assessment shall have effect from the date specified in the
notification under section 83.
(2) A general revision shall be deemed to have taken
effect on the first day of the 357[half year] following that in
which the notice under rule 10 is published, or, in a case
where a special notice is required to be served on the owner
or occupier of the property under the first proviso to that
rule, on the first day of the 357[half year] following that in
which such special notice is served on the owner or
occupier of the property.
(3) Any corrections in the assessment books made by
the *[Commissioner] under rule 14 or rule 26 shall be
deemed to have effect on the first day of the 357[half year] to
which the assessment which was sought to be revised or
which was appealed against, relates.
Explanation:- The levy of a new class of property tax or
an enhancement in the rate at which any class of property
tax is leviable is no amendment or revision within the
meaning of this rule and shall have effect from the date fixed
for the levy or enhancement.
16. The first payment of tax shall, save as provided in rule
14, be made within thirty days of the date or day specified in
rule 15.
358[Assessment of Profession tax
Rules 17-20. [XXX]]
357. Substituted by Act No.7 of 1970.
358. Assessment of profession tax and rules 17 to 20 omitted by Act
No.22 of 1987.
[Act No. 6 of 1965] 331
Maximum rates of tax on carriages and carts and of tax on
animals.
(Sections 103 & 113)
21. (1) The tax on carriages and carts and the tax on
animals shall be levied at rates not exceeding the following:-
Tax on carriages and carts
(1) (2)
Rs.P.
(1) For every four-wheeled vehicle with springs, or
other appliances acting as springs constructed
to be drawn by one or more animals. (1)
30.00
(2) For every two-wheeled vehicle with springs or
other appliances acting as springs constructed
to be drawn by one or more animals.
10.00
(3) For every cycle-rickshaw. 20.00
(4) For every bicycle or tricycle. 4.00
(5) For every other vehicle with springs or other
applicances acting as springs not being a
child‘s perambulator or gocart.
6.00
Tax on Animals
(1) For every elephant .. .. 24.00
(2) For every camel .. .. 12.00
(3) For every ass .. .. 1.00
(4) For every pig .. .. 1.00
(5) For every goat .. .. 1.00
(6) For every dog .. .. 1.00
(2) If within the year, a person replaces any carriage or
animal by another carriage or animal falling under the same
332 [Act No. 6 of 1965]
class in the Table given in sub-rule (1), the said person, in
case replacement was due to the destruction of the carriage
or the death of the animal and if he had possession, custody
or control of the carriage or animal so replaced at the time
of its destruction or death, shall not be liable to more than
one payment of tax and the amount of such payment shall
be regulated by the aggregate number of days for which the
carriage which has been destroyed or the animal which has
died and the carriage or animal replacing such carriage or
animal have been kept during the year.
Appeals
22. (1) An appeal shall lie to an appellate commissioner,
appointed by the Government for the purpose (hereafter in
these rules referred to as the appellate commissioner), in
respect of the assessments and imposition of the following
taxes and no others:-
(a) assessments made by the Revenue Divisional
Officer under rule 3;
(b) the order of the *[Commissioner] or the valuation
officer under rule 14 upon a revision petition; and
359[(c) [XXX]]
(d) the imposition by the *[Commissioner] of any tax
on any carriage or cart or animal.
(2) The appellate commissioner shall dispose of the
appeals in consultation with the $[chairman/chairperson] of
the municipality concerned.
359. Clause (c) of rule 22(1) omitted by Act No.22 of 1987.
[Act No. 6 of 1965] 333
23. The council may, of its own motion or otherwise,
cancel or modify any order passed by the *[Commissioner]
reducing or remitting a tax, after giving an opportunity of
making a representation to the person affected.
24. An appeal shall be made in writing and shall set forth
concisely and under distinct heads the grounds of objection
to the decision or other proceedings appealed against.
25. No appeal to the appellate commissioner shall be
heard,-
(a) unless it reaches the municipal office,-
(i) within fifteen days from the service of the notice
referred to 360[in section 109], or
(ii) within fifteen days from the date on which the tax
becomes payable under section 91 or section 103 or
section 113 or under rule 14 or rule 16:
Provided that the appellate commissioner may admit
an appeal within fifteen days after the time prescribed in this
rule, if cause be shown to his satisfaction for not preferring it
within the prescribed time; and
(b) unless, except when the *[Commissioner]
otherwise directs on the ground of poverty, the tax in
respect of which the appeal is presented has been
deposited at the municipal office within the period specified
in sub-clause (i) or sub-clause (ii) of clause (a) or where an
appeal is presented for admission under the proviso to the
said clause, on or before the day upon which the appeal is
presented.
360. Substituted by Act No.22 of 1987.
334 [Act No. 6 of 1965]
26. The assessment books maintained under sub-rule (1)
of rule 2 shall be corrected in accordance with any orders
passed by the council under rule 23 or by the appellate
commissioner under rule 22 on appeal; in the event of the
amount of any tax being reduced or remitted by the council
or the appellate commissioner, as the case may be, the
*[Commissioner] shall grant a refund accordingly.
27. The assessment or demand of any tax when no appeal
is made, as herein before provided, and when such an
appeal is made, the adjudication of the appellate
commissioner thereon, shall be final:
Provided that where any assessment or demand is not
in accordance with the assessment books, nothing in this
rule shall be deemed to prohibit a fresh assessment or
demand of the tax being made in accordance therewith.
28. (1) The powers of the council under 361[section 91A and
rule 23] shall, during any period in respect of which the
Government may, by notification in the 362Telangana Gazette
so direct, be exercised by a special officer appointed by
them. And thereupon the council shall cease to exercise the
said powers during the said period and 361[section 90A and
rules 23 and 27] shall have effect as if for the word ‗council‘
wherever it occurs in these rules, the words ‗special officer
appointed by the Government in this behalf‘ were
substituted.
(2) A special officer appointed under sub-rule (1) shall
have all such powers of the council as are necessary for the
purpose of exercising his powers under the said sub-rule
and he shall be entitled to the same protection as the
council is entitled.
361. Substituted by Act No.3 of 1994.
362. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 335
(3) The special officer shall be paid out of the municipal
fund such salary and allowances as the Government may in
consultation with the council, fix. If a Government employee
is appointed as special officer, the council shall also make
such contribution towards the pension and leave allowances
of that employee as may be required, by the conditions of
his service under the Government to be made by him or on
his behalf.
Collection of taxes
(Section 130)
29. (1) Where any tax, not being a tax in respect of which a
notice has to be served under 363[XXX] section 109 or in
respect of which a direction has to be given under rule 14, is
due from any person, the *[Commissioner] shall serve upon
such person a bill for the sum due before he proceeds to
enforce the provisions of rule 30:
364[Provided that all notices, bills or directions referred
to in sub-rule (1) shall be served on all the tax payers by the
end of May for the first half year and by the end of
November for the second half year.]
(2) A notice under 363[XXX], section 109, and a bill
under sub-rule (1) shall be signed by the *[Commissioner]
and shall contain-
(a) a statement of the period and a description of the
occupation, property or thing for which the tax is charged;
and
(b) an intention of the liability to be incurred in default
of payment;
363. Omitted by Act No.22 of 1987.
364. Proviso to sub-rule (1) of rule 29 added by Act No.34 of 1996.
336 [Act No. 6 of 1965]
365[(c) an intimation about the charging of a simple
interest at the rate of 2% per mensum in case of failure to
pay property tax within fifteen days from the date of service
of the bill.]
(3) Where a notice, bill or direction referred to in sub-
rule (1) has not been served or given either in the 366[year or
half-year] in which the tax became due or in the succeeding
366[year or half-year], the tax for the 366[year or half-year] first
mentioned in this sub-rule shall not be recovered in the
manner laid down in rule 30:
Provided that where the assessment books have been
amended under 367[section 91A], the notice, bill or direction,
as the case may he, may be given either in the 366[half-year]
in which the amendment was made or in the succeeding
366[half-year].
(4) Nothing in this rule or in rule 30 shall preclude the
council from suing in a civil court for any tax due to it under
this Act.
30. (1) If the amount due on account of any tax is not paid
within fifteen days from the service of the notice or bill or the
giving of the direction referred to 368[in section 109] and
rules 14 and 29 and if the person from whom the tax is due
has not shown cause to the satisfaction of the
*[Commissioner] why it should not be paid, the
*[Commissioner] may recover by distraint under his warrant
and sale of the movable property of the defaulter, the
amount due on account of the tax together with the warrant
fee and the distraint fee, and with such further sum as will
satisfy the probable charges that will be incurred in
365. Clause (c) of sub-rule (2) of rule 29 added by Act No.34 of 1996.
366. Substituted by Act No.7 of 1970.
367. Substituted by Act No.3 of 1994.
368. Substituted by Act No.22 of 1987.
[Act No. 6 of 1965] 337
connection with the detention and sale of the property so
distrained 369[and interest due on account of delay in the
payment of property tax shall also be recovered in the
manner provided in this rule:]
Provided that movable property described in the
proviso to section 60 of the Code of Civil Procedure, 1908,
shall not be liable to distraint.
(2) If, for any reason the distraint, or a sufficient
distraint, of the defaulter‘s property is impracticable, the
*[Commissioner] may prosecute the defaulter before a
magistrate.
(3) The warrant under sub-rule (1) shall be in the form
contained in Appendix-A to these rules or in some similar
form and for each such warrant, a fee of twelve paise shall
be levied.
(4) Under a special order in writing of the
*[Commissioner], any officer charged with execution of a
warrant of distress may, between sunrise and sunset, break
open any outer or inner door or window of building in order
to make the distress, if he has reasonable ground for
believing that such building contains property which is liable
to seizure, and if, after notifying his authority and purpose
and duly demanding admittance, he cannot otherwise
obtain admittance:
Provided that such officer shall not enter or break open
the door of any apartment appropriated to women, until he
has given three hours notice of his intention and has given
such women an opportunity to withdraw.
369. Added by Act No.34 of 1996.
Central Act V of 1908.
338 [Act No. 6 of 1965]
31. (1) The officer charged with the execution of a warrant,
shall, before making the distraint, demand payment of the
tax due and the warrant fee. If the tax and fee are paid no
distraint shall be made but if the tax or fee is not paid, the
officer shall,-
(a) seize such movable property of the defaulter as
he may think necessary;
(b) make an inventory of the property seized; and
(c) give to the person in possession of the property
seized at the time of seizure a copy of the inventory and the
notice of sale in the form in Appendix B to these rules or in
some similar form:
Provided that a period of seven days shall be allowed
for paying the amounts due and redeeming the property
seized.
(2) The distress shall not be excessive, that is to say,
the property distrained shall be as nearly as possible equal
in value to the tax due by the defaulter together with all
expenses incidental to the warrant, distraint, detention and
sale.
32. (1) Where the amount due by the defaulter 370[on
account of the tax including simple interest, if any] the
warrant fee and distraint fee and the expenses incidental to
the detention of the property are not paid within the period
of seven days mentioned in the notice given under rule 31,
and if the distraint warrant is not suspended by the
*[Commissioner], the property seized or a sufficient portion
thereof, shall be sold by public auction under the orders of
the *[Commissioner] who shall apply the proceeds of the
370. Added by Act No.34 of 1996.
[Act No. 6 of 1965] 339
sale to the payment of the amount due 371[on account of the
tax including simple interest, if any] the warrant fee and the
distraint fee and the expenses incidental to the detention
and sale of the property, and shall return to the person in
whose possession the property was at the time of seizure,
any property or sum which may remain after the sale and
the application of the proceeds thereof as aforesaid. If the
proceeds of the sale are insufficient for the payment of the
amount due 371[on account of the tax including simple
interest, if any] the warrant fee and distraint fee and the
expenses incidental to the detention and sale of the
property, the *[Commissioner] may again proceed under
rule 30 in respect of the sum remaining unpaid.
(2) Where the property seized is subject to speedy and
natural decay, the *[Commissioner] may sell it any time
before the expiry of the said period of seven days unless the
amount due is sooner paid.
(3) The *[Commissioner] shall consider any objections
to the distraint of any property which are made within the
said period of seven days and may postpone the sale
pending investigation thereof. If the *[Commissioner]
decides that the property attached was not liable to distraint,
he shall return it, or if it has already been sold, the proceeds
of the sale to the person appearing to be entitled thereto
and may again proceed under rule 30; and all fees and
expenses connected with first distraint and sale shall be
recoverable from the defaulter, if it shall appear to the
*[Commissioner] that he wilfully permitted the distraint of
the property when to his knowledge it was not liable to
distraint.
371. Added by Act No.34 of 1996.
340 [Act No. 6 of 1965]
33. (1) Distraint fees shall be payable at such rates not
exceeding those mentioned in Appendix-C to these rules as
may be, from time to time, determined by the council.
(2) Such fees shall not be held to include the expenses
incidental to the detention of any property distrained under
this Act.
34. The property of a person in default under sub-rule (1)
of rule 30 may be distrained wherever it may be found within
the municipality.
35. Where the tax due on account of any building or land
remains unpaid in whole or in part at the end of the period
specified in sub-rule (1) of rule 30, the *[Commissioner]
may, if the said tax has not remained unpaid for more than
twelve months, require the occupier for the time being of
such building or land to pay the amount within a specified
period not being less than fifteen days and if the occupier
fails to comply with such requisition the *[Commissioner]
may distrain and sell any movable property found on the
building or land and the provisions of the foregoing rules
shall, with the necessary modifications apply to all distraints
and sales effected under this rule provided that no occupier
shall be liable to prosecution or to a civil suit in respect of
any sum recoverable from him under this rule unless he has
wilfully prevented distraint.
372[Explanation:- For the purpose of this rule, rule 36
and rule 37, the word ‗tax‘ includes the simple interest, if
any.]
36. If any tax due from any person remains unpaid in
whole or in part at the end of the period specified in sub-rule
(1) of rule 30 and if such person has left India or cannot be
372. Added by Act No.34 of 1996.
[Act No. 6 of 1965] 341
found, the said tax or such part thereof as remains unpaid,
together with all sums payable in connection therewith, shall
be recoverable as if it were an arrear of land revenue.
37. (1) Every person who is prosecuted under sub-rule (2)
of rule 30 shall be liable on proof to the satisfaction of the
magistrate that he wilfully omitted to pay the amount due by
him or that he wilfully prevented distraint, to pay a fine not
exceeding twice the amount which may be due by him on
account of,-
(a) the tax and the warrant fee, if any, and
(b) if distraint has taken place, the distraint fee and
the expenses incidental to the detention and sale, if any, of
the property distrained.
(2) Whenever any person is convicted of an offence
under sub-rule (1), the magistrate shall, in addition to any
fine which may be imposed, recover summarily and pay
over to the council the amounts if any, due under the heads
specified in clauses (a) and (b) of sub-rule (1); and may, in
his discretion, also recover summarily and pay to the
council such amount, if any, as he may fix as the costs of
the prosecution.
38. Neither the *[Commissioner] nor any municipal officer
or employee shall directly or indirectly purchase any
property at any sale of distrained property held under the
foregoing rules.
PART II. FINANCE RULES.
(Section 130)
Authorised objects of expenditure.
39. The purposes to which the municipal fund may be
applied include all objects expressly declared obligatory or
342 [Act No. 6 of 1965]
discretionary by law or rules, and in general every thing
necessary for or conducive to the safety, health,
convenience or education of the inhabitants or to the
amenities of the municipality and every thing incidental to
the administration; and the fund shall be applicable thereto
within the municipality, subject to these rules and such
further rules or special orders as the Government may
prescribe or issue; and shall be applicable, thereto outside
the municipality if the expenditure is authorized by this Act,
or specially sanctioned by the Government.
40. The objects of expenditure connected with the public
safety include the following:-
(a) the lighting of public streets and the provision,
purchase, exploitation and maintenance of electric, gas or
other undertakings for lighting public and private streets,
places and buildings;
(b) extinction of fires;
(c) control, supervision or removal of dangerous
places, buildings, trades and practices;
(d) regulation of traffic;
(e) prevention and removal of obstructions in public
streets or places;
(f) the giving of relief and the establishment and
maintenance of relief works in time of famine or scarcity;
(g) measures to protect the municipality, or any portion
thereof from the flood or from soil erosion.
41. The objects of expenditure connected with the public
health include the following:-
[Act No. 6 of 1965] 343
(a) the construction and maintenance of hospitals and
dispensaries and temporary places of reception within the
municipality or outside the municipality for the treatment of
infectious diseases occurring in the municipality building
hospitals and dispensaries and places of reception for the
sick in general; contributing towards hospitals, dispensaries
or places of reception provided by the Government;
contracting for the use of a hospital or part of a hospital,
dispensary or place of reception; combining with any other
local authority or with the Government to provide a common
hospital, dispensary or place of reception; sending indigent
inhabitants of the municipality to institutions outside the
municipality for treatment; the training of medical
practitioners, medical subordinates, midwives, nurses,
health officers, sanitary inspectors and analysts; the
provisions of nurses for attendance on patients suffering
from infectious diseases at the houses of such persons;
vaccination and the training and supervision of vaccinators
and the provision of lymph; the registration of births, deaths
and marriages; the enumeration of the inhabitants of the
municipality and other measures of a like nature;
(b) the construction and maintenance of lunatic
asylums;
(c) the construction, establishment and maintenance,
supervision and control of public markets and slaughter-
houses, of shops, stalls and plinths; of latrines; of sewage
farms and all works for the removal or disposal of sewage;
of water-works, drinking fountains, tanks and wells; of wash
houses and dhobi-khanas and of parks, square‘s and
gardens; the reclamation of unhealthy localities and other
sanitary measures of a like nature;
(d) the cleansing and watering of streets and drains;
scavenging; the removal of excessive or noxious vegetation;
the abatement of all nuisances;
344 [Act No. 6 of 1965]
(e) the regulation and control of offensive or dangerous
trades, of unhealthy buildings or localities, and of burial and
burning grounds and crematoria; the provision of sites for
and the closing of burial and burning grounds; the provision
of new sites for offensive and dangerous trades and of
special locations for factories; the acquisition of congested
areas and the provision of new sites, whether within or
outside municipal limits, to relieve congestion or to provide
for the growth of population; improvement and reclamation
of land, planning, surveying and control of town extensions,
whether within or outside municipal limits, redistribution of
sites in such extensions and all measures of a like nature;
and the acquisition of land for any of the aforesaid
purposes.
42. The objects of expenditure connected with the public
convenience, education and amenities include,-
(a) the construction, maintenance, diversion and
improvement of streets, bridges, causeways, culverts and
the like and the acquisition of the land necessary for the
buildings to form or improve streets; the regulation of
building; the construction of model dwellings and the
encouragement of co-operative building societies by loans,
grants of land or prizes; the removal of projections and
encroachments; the naming of streets; the numbering of
houses; the planting and preservation of trees in public
streets and places; the maintenance of public monuments;
(b) subject to rules 49 to 54, the establishment and
maintenance of schools, the construction and maintenance
of school-houses, public libraries and reading rooms,
museums, art-galleries, gymnasia or any other institutions
connected with the diffusion of mental or physical culture or
technical instruction or the training of teachers;
(c) the holding of industrial exhibitions or fairs;
[Act No. 6 of 1965] 345
(d) the construction, maintenance and adornment of
public halls and theatres; the acquisition and maintenance
of recreation grounds, playing fields and promenades;
(e) subject to all provisions of law, the construction,
maintenance and purchase or exploitation of tramways and
other transport services (railways not included), of
telephone systems, grass farms, dairies, public bakeries
and other agricultural, industrial or trading concerns of
public utility either within or outside the municipal limits and
whether or not in combination with other authorities or
persons and subscription to debenture loans of any such
concerns;
(f) the employment of veterinary officers, the prevention
of diseases of animals, the provision of places for the
treatment of sick animals, and the prevention of cruelty to
animals;
(g) the construction and maintenance of rest-houses,
choultries, poor houses, pounds and other works of public
utility;
(h) the provision and maintenance or holding of
zoological and horticultural gardens and exhibitions;
(i) the provision of standard weights, scales and
measures and public weighing places;
(j) the provision and maintenance of public baths and
bathing places;
(k) the provision of music for the people;
(I) the provision and maintenance of public clocks and
clock-towers or a time gun;
346 [Act No. 6 of 1965]
(m) the organization and maintenance of health
associations;
(n) the organisation and maintenance of association for
the prevention of juvenile smoking and cruelty to children.
43. The objects of expenditure incidental to the
administration include,-
(a) the provision and maintenance of a principal
municipal office and record-room and of other offices with
the cost of appurtenances and fittings and insurance;
(b) honorarium to $[chairman/chairperson] and
conveyance allowance to the #[Members];
(c) salaries, allowances, liveries, pensionary, or
provident fund or provident-cum-pension fund contributions
and gratuities and the cost of hire of vehicle for the
municipal officers and employees; study leave allowances
of professional officers and subordinates;
(d) stationery, printing and all office and advertising
expenses;
(e) legal expenses;
(f) election expenses;
(g) the provision and maintenance of municipal work-
shops;
(h) municipal surveys, the preparation of maps of the
municipality and the preparation and maintenance of a
record of rights in immovable property.
[Act No. 6 of 1965] 347
Obligatory expenditure.
44. The counciI,-
(1) shall make provision for the construction,
maintenance, diversion and improvement of streets,
bridges, causeways, culverts and the like to such extent as
the Government consider necessary and practicable; and
(2) shall not divert such provision to other purposes
without the express sanction of the Government.
45. (1) Expenditure on the following objects is obligatory
subject to special directions that the Government may issue
in respect of any municipality by notification:-
(a) the principal municipal office and record-room;
(b) maintenance of public property and monuments
vested in the municipality;
(c) maintenance of property owned by the
municipality;
(d) salaries and pensionary or provident fund or
provident-cum-pension fund contributions and gratuties of
the municipal officer and employees according to the
conditions on which such persons entered the municipal
service;
(e) scavenging;
(f) lighting the public streets;
(g) burial and burning grounds where no sufficient
number is provided by other agency;
348 [Act No. 6 of 1965]
(h) medical relief to the extent laid down in rules 46,
47 and 48;
(i) diffusion of education to the extent laid down in
rules 49 to 53;
(j) registration of births and deaths;
(k) vaccination;
(l) provision of slaughter-houses;
(m) payment of interest on and amortisation of debt, if
any;-
(n) payment of the election expenses including the
cost of the preparation and revision of the electoral roll, the
conduct of elections to the council, and the maintenance of
the election establishment;
Explanation:- The cost of maintenance of the election
establishment shall include the pay, pension and leave
allowances, if any, of the officers and employees of the
Government or of any other authority, employed in the
preparation and revision of the electoral roll and in the
conduct of the elections;
(o) payment of such contribution towards the cost of
training *[Commissioners] of municipalities as may be fixed
by the Government;
Explanation:- The cost of training *[Commissioners]
may include the whole or such part as the Government
deem equitable, of the pay, pensionary or provident fund or
provident-cum-pension fund contribution and leave and
other allowances, if any, of the officers and employees of
the Government or of any other authority employed and
[Act No. 6 of 1965] 349
other incidental expenses incurred in connection with such
training;
(p) payment of travelling allowance of a person
appointed as *[Commissioner] in respect of his journey to
join the appointment;
(q) payment of such contribution as may be fixed by
the Government towards the salary, allowances, leave
allowances, cost of training, pension or contribution, if any,
towards the provident fund or provident-cum-pension fund
of the valuation officer and of their establishments;
(r) all other objects declared obligatory by law or rule.
(2) The Government shall determine every year the
amount of the election expenses referred to in clause (n) of
sub-rule (1), and the determination shall be final and binding
on the council. Such amount shall have priority over all
other charges except charges for the service of authorized
loans including the loans and advances specified in section
131, and the expenses specified in sub-sections (2) and (3)
of section 144.
Obligatory medical expenditure.
46. (1) The council shall provide and maintain either from
endowments or from the municipal fund or by grants-in-aid
therefrom in accordance with such rules as may, from time
to time, be prescribed by the Government,-
(a) a hospital or dispensary where the sick, poor of
the municipality shall be entitled to receive medical and
surgical advice and treatment free of charge; and
(b) a hospital for the treatment of patients suffering
from infectious diseases in the municipality.
350 [Act No. 6 of 1965]
The council shall provide and maintain more than one
such hospital or dispensary if the Government so direct:
Provided that the Government shall not so direct until
the council shall have had an opportunity of submitting its
views on the subject to the Government:
Provided further that the council shall not be bound to
provide or maintain such hospitals or dispensaries, when in
the opinion of the Government sufficient provision has
otherwise been made for the treatment free of charge of the
sick, poor and the treatment of patients suffering from
infectious diseases in the municipality.
(2) Any inhabitant of the municipality, who is not a fit
object of public charity, may, subject to such regulations as
the council, with the approval of the Government, may, from
time to time, frame, obtain medical or surgical advice and
treatment from any hospital or dispensary maintained by the
council from endowment or from the municipal fund;
provided that any charges incurred by the council in the
medical or surgical relief of persons other than the sick,
poor of the municipality or those unable to pay a medical
attendant shall be reimbursed by such persons.
(3) The council may also permit the treatment in the
hospitals or dispensaries maintained by it from endowments
or from the municipal fund of any person not resident in the
municipality.
47. The council shall provide every hospital or dispensary
provided or maintained by it with all necessary drugs,
instruments, apparatus, furniture and appliances on a scale
approved by the Government, and when, in the opinion of
the council provision for in-patients may be necessary, it
shall also provide a sufficient number of cots, bedding,
clothing, furniture and diet for such in-patients.
[Act No. 6 of 1965] 351
48. The council shall employ a medical officer for any
hospital or dispensary maintained by it from endowments or
from the municipal fund.
Obligatory educational expenditure.
49. The council shall, so far as the funds at its disposal
may permit, make provision for the instruction in schools of
all children of school-going age, resident within the limits of
the municipality, for whose instruction provision shall not
otherwise have been made.
50. The council may provide instruction,-
(i) either by schools maintained wholly from the
municipal fund, or
(ii) by means of grants-in-aid to private schools from
the said fund in accordance with such rules as may, from
time to time, be made by the Government, or
(iii) by contributing towards the cost of Government
schools, or
(iv) by more than one of such means.
51. The council may, with the previous sanction of the
Government, maintain either wholly from the municipal fund
or by grants-in-aid therefrom elementary schools to which
admission may be wholly or partly free for any class of the
inhabitants which in the opinion of the council, is by reason
of poverty, unable to pay the fees leviable in schools
maintained by the council, whether wholly from the
municipal fund or by grants-in-aid therefrom.
52. (1) If at any time it seems advisable to the Government
that a grant-in-aid should be made to any school,
352 [Act No. 6 of 1965]
maintained solely for the instruction of the children of any
particular class of the inhabitants of any municipality, they
may direct the council to make such grant to such school;
and the council shall make it accordingly; provided that the
Government shall not so direct until the council shall have
had an opportunity of submitting its views on the subject to
the Government.
(2) The instruction to be provided by the council shall
be of such standards as may, from time to time, be
determined by the Government.
53. (1) The council shall, unless otherwise provided by any
law for the time being in force, or in the case of elementary
schools exempted by the Government on such conditions
as it may prescribe from time to time levy in every school
maintained by it, fees as may, from time to time, be
determined by the Government:
Provided that if the council is satisfied that the parent or
guardian of any child, resident in the municipality, is by
reason of poverty unable to pay for the elementary
education of such child, it may remit the whole or part of the
fees but it shall not compel the parent or guardian of such
child in consideration to the said relief to send such child to
any particular municipal school:
Provided further that the council may, in any secondary
school, in accordance with a scheme framed by it and
approved by the Director of Public Instruction, remit the
whole or part of the fees of poor pupils, subject to the
condition that the fee income thus foregone shall not exceed
ten per cent of the total fees realizable from all pupils of the
school at the rates determined by the Government.
[Act No. 6 of 1965] 353
(2) The proceeds of all fees levied by the council as
aforesaid shall be expended by the council for the provision
of instruction by means of schools.
Discretionary educational expenditure.
54. The council may also provide wholly from the
municipal fund, or by means of grants-in-aid therefrom,-
(i) for the inspection of schools maintained by it
whether wholly from the municipal fund or by grants-in-aid
therefrom;
(ii) for the training of teachers for schools aided or
maintained from the municipal fund;
(iii) for the instruction and training of persons for the
practice of medicine, or of vaccination, or of any technical or
industrial calling; and
(iv) for the maintenance of public libraries, reading-
rooms, gymnasia or any other institutions connected with
the diffusion of education, which may be approved by the
Government.
Extraordinary expenditure.
55. A council may, with the prior sanction of the
Government,-
(i) contribute towards the expenses of any public
exhibition, ceremony or entertainment in the municipality;
(ii) defray the cost of the preparation and presentation
of addresses to persons of distinction visiting the
municipality;
354 [Act No. 6 of 1965]
(iii) contribute to any charitable fund or to a fund for the
defence of the municipality or India or to the funds of any
institution for the relief of the poor or the treatment of
disease or infirmity or the reception of diseased or infirm
persons or the investigation of the causes of disease;
(iv) pay the expenses of the $[chairman/chairperson],
members of the council and municipal officers and
employees, travelling on municipal business; and
(v) defray any other extraordinary charges.
Receipts and Payments.
56. All moneys received by the council shall be lodged in
the nearest Government treasury or, with the sanction of the
Government, in a Bank:
Provided that the counciI may, with the sanction of the
Government, invest any sums not required for immediate
use either in a Government Savings Bank or in Government
Securities, or in any other security which may be approved
by the Government.
57. (1) All orders or cheques against the municipal fund
shall be signed by the *[Commissioner] or by some person
duly authorized in this behalf by him. The treasury or bank in
which the fund is lodged shall, so far as the funds to the
credit of the council permit, pay all orders or cheques
against the fund which are so signed.
(2) If the council shall have given previous authority in
writing, such treasury or bank may at once payout of the
municipal fund without such order or cheque any expense
which the Government have incurred on behalf of the
council.
[Act No. 6 of 1965] 355
Audit surcharge and disallowance.
58. The *[Commissioner] shall submit all accounts to
auditors as required by them.
59. The auditors may,-
(a) by summons in writing, require the production of
any book, deed, contract, account, voucher, receipt or other
document the perusal or examination of which they consider
necessary;
(b) by summons in writing require any person having
the custody or control of any such document or accountable
for it to appear in person before them;
(c) require any person so appearing to make and sign
a declaration with respect to such document or to answer
any question or to prepare and furnish any statement
relating thereto.
60. The auditors shall,-
(a) report to the council any material in propriety or
irregularity which they may observe in the expenditure, or in
the recovery of moneys due to the council or in the
municipal accounts;
(b) furnish to the council such information as it may
require concerning the progress of their audit;
(c) report to the council any loss or waste of money or
other property owned by or vested in the council caused by
neglect or misconduct, with the names of persons, directly
or indirectly responsible for such loss or waste; and
356 [Act No. 6 of 1965]
(d) submit to the council a final statement of the audit
and a duplicate copy thereof to the Government within a
period of three months from the end of the financial year, or
within such other period as the Government may notify.
61. The *[Commissioner] shall forthwith remedy any defects
or irregularities that may be pointed out by the auditors and
report the same to the council.
373[62 to 65. [xxx]]
APPENDIX A.
DISTRAINT WARRANT.
[Rule 30 (3)].
Warrant No.
To
(Name of officer charged with execution of warrant)
(State tax or taxes due and premises, if any, in respect of
which the tax or taxes are due).
Whereas…................... of ………….......... has not paid
or shown sufficient cause for the non-payment of the sum of
Rs……….p………… due for the tax or taxes noted above for
the ending ……..…19 , although the said sum has been
duly demanded from the said…………..and fifteen days
have elapsed since such demand was made. This is to
command you to demand the said sum of Rs……....P……....
together with twelve paise for warrant fee, failing payment of
which you are to distrain the goods and chattels of the said
………………(or as the case may be, any goods and
chattels found on the premises referred to) to the amount of
373. Rules 62 to 65 omitted by Act No.3 of 1978.
[Act No. 6 of 1965] 357
the said sum of Rs………..p………. together with
Rs………P…….... for warrant fee and distraint fee making
together a sum of Rs………..p………. and such further sum
as may be sufficient to defray the charges of keeping and
seIling such distraint; and if within seven days next after
such distraint, the amount due on account of the said tax or
taxes and fee shall not be paid together with such further
sum as may be sufficient to defray the charges of keeping
such distraint, to selI the said goods and chattels under
orders to be hereafter issued by me, and to remit to the
municipal office the sale proceeds of the distrained
property, out of which the amount due on account of the
said taxes and fees, namely Rs….......P…....... and the
charges on keeping and selling such distraint will be
deducted and credited to the municipal fund, and the
surplus, if any, returned to the owners of the goods and
chattels distrained. If distraint or sufficient distraint cannot
be found of the goods and chattels of the said……………….
you are to certify the same to me together with this warrant.
Station: (Signature of the [Commissioner]
Date. 19 .
APPENDIX B.
FORM OF INVENTORY AND NOTICE.
[Rule 31 (1) (c).]
(State particulars of goods and chattels seized)
Take notice that I have this day seized the goods and
chattels specified in the above inventory for the sum of
Rs……………P…………. due for the tax or taxes mentioned
in the margin for the ending 19 , and that unless you pay
into the office of the muuicipality of the amount due together
with the warrant fee, the distraint fee and cost of keeping the
358 [Act No. 6 of 1965]
goods and chattels, within seven days from the date of this
notice, the goods and chattels will be sold on the day of
…………..19 , at the municipal office or at such other place
as the *[Commissioner] may direct; and that the goods and
chattels may be sold at any previous date if they are liable to
speedy and natural decay.
Station: (Signature of the officer executing
the warrant of distress.
Date. 19 .
APPENDIX C.
TABLE OF FEES PAYABLE ON DISTRAINTS.
[Rule 33 (1)
Sum distrained for Fees
Rs. P.
Under 1 rupee .. .. .. 0.25
1 rupee and over but under 5 rupees .. .. 0.50
5 Do. 10 ,, .. .. 1.00
10 Do. 15 ,, .. .. 1.50
15 Do. 20 ,, .. .. 2.00
20 Do. 25 ,, .. .. 2.50
25 Do. 30 ,, .. .. 3.00
30 Do. 35 ,, .. .. 3.50
35 Do. 40 ,, .. .. 4.00
40 Do. 45 ,, .. .. 4.50
45 Do. 50 ,, .. .. 5.00
50 Do. 60 ,, .. .. 6.00
60 Do. 80 ,, .. .. 7.50
80 Do. 100 ,, .. .. 9.00
100 Do. .. .. .. 10.00
[Act No. 6 of 1965] 359
The above charge includes all expenses, except when
peons are kept in charge of property distrained, in which
case twenty-five paise must be paid daily for each peon.
374[SCHEDULE III [XXX]]
374. Schedule III omitted by Act No.37 of 2008.
360 [Act No. 6 of 1965]
SCHEDULE IV.
Purposes for which premises may not be used without a
licence.
(Section 263).
(a) Washing soiled clothes or keeping soiled clothes
for the purpose of washing them or keeping washed
clothes;
(b) boiling paddy or camphor;
(c) melting tallow or sulphur;
(d) storing or otherwise dealing with manure, offal,
blood, bones, rags, hides, fish, horns or skins;
(e) washing or drying wool or hair;
(f) making fish-oil;
(g) making soap, dyeing, boiling or pressing oil,
burning bricks, tiles, pottery or lime;
(h) manufacturing or distilling sago; manufacturing
artificial manure; manufacturing beedies or cigars;
(i) manufacturing gunpowder or fireworks;
(j) keeping a public halting place, choultry, or other
rest-house for travellers (other than a choultry or rest-house
maintained by the Government or a local authority), a hotel,
restaurant, eating-house, coffee house, boarding house or
lodging house (other than a student‘s hostel under public or
recognised control);
[Act No. 6 of 1965] 361
(k) keeping a shaving or hair-dressing saloon;
(I) keeping together twenty or more sheep or goats or
ten or more pigs or herd of cattle;
(m) preparing flour or articles made of flour for human
consumption or sweetmeats;
(n) Manufacturing ice or aerated waters;
375[(ni) manufacturing/selling or exhibiting for sale of
packaged drinking water/mineral water in any form for
drinking purpose where water is used as raw material for
manufacturing, whole sellers and retailers, or making
saleable commodity and such other edibles and signified
dealings for profit exclusively in water;]
(o) brewing beer, manufacturing arrack or other spirit
containing alcohol (whether denatured or not), by
distillation;
(p) selling or storing for sale timber, jute, fibre,
firewood, hay, grass, straw, thatching materials, coal,
charcoal and oils of all kinds;
(q) manufacturing jaggery, sugar-candy or syrup
otherwise than as cottage industry by tappers or persons in
enjoyment of the trees carried on in their own premises;
(r) selling or storing far sale any explosive or
combustible materials:
Provided that no licence shall be required for storing
petroleum and its products in quantities exceeding those to
which the operation of this Act is limited by the provisions of
375. Added by Act No.36 of 2007.
362 [Act No. 6 of 1965]
the Petroleum Act, 1934 or the rules or notifications issued
thereunder.
(s) selling cotton wholesale or retail or storing cotton
for wholesale or retail trade or for conversion into yarn;
(t) manufacturing anything from which offensive or
unwhole some smells arise;
(u) using for any industrial purpose any fuel or
machinery other than such machinery as may, by
notification in the 376Telangana Gazette, be exempted by the
Government from time to time; and
(v) in general, doing in the course of any industrial
process anything which is likely to be dangerous to human
life or health or property:
Provided that no licence shall be required for the
storage of timber, firewoods, thatching materials, hay, grass,
straw, fibre, coal or for boiling paddy or for keeping soiled
clothes or washed clothes or for washing soiled clothes
when such storage or boiling, keeping or washing is for
private use:
Provided further that no licence shall be required under
this Act for a lodging house as defined in 377the Andhra
Pradesh (Andhra Area) Public Health Act, 1939 if the keeper
thereof has been registered under that Act.
376. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
377. Andhra Area Act.
Central Act 30 of 1934.
[Act No. 6 of 1965] 363
SCHEDULE V.
LIST OF INFECTIOUS DISEASES.
(Section 309).
Acute influenza pneumonia.
Anthrax.
Chicken pox.
Cholera.
Diphtheria.
Enteric fever.
Glanders.
Leprosy.
Plague.
Smallpox.
Tuberculosis.
Typhoid-fever.
Influenza.
Relapsing-fever.
Rabies.
Cerebro-spinal fever.
Measles.
Scarlet-fever.
Typhus.
Yaws.
Poliomelitis.
364 [Act No. 6 of 1965]
SCHEDULE VI.
ORDINARY PENALTIES.
(Section 336)
Section
or rule.
Sub-
section
or
clause.
Subject Fine which
may be
imposed
Whether
compoundable
by council or
with the
permission of
the court.
(1) (2) (3) (4) (5)
52 (1) Councillor having
pecuniary interest
voting or taking part
in discussion in the
council relating to
that matter.
Five
hundred
rupees.
94 (1) Failure to send
notice to
*[Commissioner]
after completion of
construction or
reconstruction of
building.
Fifty
rupees
Compoundable.
95 (1) Failure of owner or
occupier to furnish
return of rent, etc.
Fifty
rupees.
Do.
101 .. Failure of owner or
occupier to obey
requisition to furnish
list of persons
carrying on
profession, art, etc.
One
hundred
rupees.
Do.
[Act No. 6 of 1965] 365
(1) (2) (3) (4) (5)
102 .. Failure of employer
or head of an officer,
firm or company to
obey requisition to
furnish list of
persons in his
employment.
Ten
rupees.
Do.
105 (1) Failure of owner to
register cart or other
vehicle.
Five
rupees.
Do.
(2) Failure to have or
keep registration
number affixed to
cart.
Do. Do.
109 (2) Failure of occupier to
obey requisition to
furnish statement of
vehicles and animals
liable to taxation or
furnishing incorrect
statement.
Ten
rupees.
Do.
111 .. Failure to obey
order to affix and
register number of
carriage.
Five
rupees.
Do.
136 .. Tresspassing on
premises connected
with the water
supply.
Fifty
rupees.
Do.
139 .. Failure to maintain
connections in
conformity with bye-
laws and
regulations.
Do. Do.
366 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
140 (2) Failure to obey
requisition to make
connection.
Do. Do.
149 .. Failure to maintain
house-drains, etc.,
in confirmity with
bye-laws and
regulations.
Fifty
rupees.
Compoundable
with permission
of the court
before which any
prosecution for
such an offence
is pending.
150 (2)
and
(3)
Failure to obey
requisition as to
house drainage.
Do. Do.
151 (1) (b) Failure to obey
direction as to
limited use of drain
or notice requiring
construction of
distrinct drain.
Do. Do.
153 .. Unlawful
construction of
building over public
drain.
One
hundred
rupees.
Do.
154 .. Failure to obey
requisition regarding
culverts, etc., or to
keep them free from
obstruction.
Fifty
rupees.
Do.
155 .. Failure to obey a
requisition to
maintain troughs
and pipes for
catching etc., water
from roof or other
part of building.
Do. Compoundable.
[Act No. 6 of 1965] 367
(1) (2) (3) (4) (5)
157 .. Failure to obey
requisition to
provide latrine or to
remove latrine to
another site and
failure to keep
latrines clean and in
proper order.
Fifty
rupees.
Compoundable
with the
permission of
the court.
158 .. Failure to provide
latrines for premises
used by large
numbers of people
or to keep them
clean and in proper
order.
One
hundred
rupees.
Do.
159 .. Failure to obey
requisition to
provide latrines for
market, cattle-stand
or cart-stand or to
keep them clean
and in proper order.
Do. Do.
160 .. Failure to construct,
latrines, so as to
screen persons
using them from
view.
Twenty
rupees.
Do.
162 .. Making connection
with mains without
permission.
Two
hundred
rupees.
Do.
166 .. Improper disposal of
carcases, rubbish
and filth.
Ten
rupees.
Compoundable.
368 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
167 .. Allowing night soil,
putrid and putrifying
substances or any
offensive matter to
accumulate on
premises for more than
forty-eight hours etc.
Twenty
rupees.
Do.
168 .. Allowing to filth to flow
into streets.
Ten
rupees.
Do.
169 .. Using cart-without
cover in removal of filth
etc.
Ten
rupees.
Compoundable.
170 .. Throwing rubbish or
filth into drains.
Do. Do.
176 .. Building in violation of
building line or street
alignment.
One
thousand
rupees.
Compoundable
with permission
of the Court.
177 (1) Failure to obey orders
to set back building or
part thereof.
Five
hundred
rupees.
Do.
182 .. Unlawful displacement,
etc., of pavement or
fences, posts and
other materials of
public street.
Fifty
rupees.
Do.
184 .. Failure to provide
roads etc., on building
sites prior to disposal.
One
thousand
rupees.
185 (5) Unlawful making or
laying of new private
street.
Do. Do.
187 .. Failure to obey
requisition to metal,
etc., private street.
Five
hundred
rupees.
Do.
[Act No. 6 of 1965] 369
(1) (2) (3) (4) (5)
189 .. Building wall or
erecting fence,
etc., in a public
street.
One
hundred
rupees.
Compoundable.
190 .. obstructing a
person in the use
of a public street.
Do. Do.
191 .. Allowing doors,
ground-floor
windows, etc., to
open outwards
without licence or
contrary to notice.
Twenty
rupees.
Compoundable
with permission
of the court.
192 .. Failure to remove
permanent
encrochment.
Two
hundred
rupees.
Compoundable.
193 .. Failure to remove
temporary
encrochment.
Fifty
rupees.
Do.
196 .. Unlawful removal
of bar, or storing
timber etc., or
removal or
extinction of light.
Twenty
rupees.
Do.
197 .. Unlawful making
of hole or placing
of obstruction in
street.
Fifty
rupees.
Do.
198 .. Construction of
building without
licence.
Fifty
rupees.
Do.
370 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
198 .. Failure to fence,
etc., such building
while under repair
or failure to
remove
obstruction.
Do. Compoundable
with permission
of the court.
199 .. Failure to remove
obstruction
caused in street
by fall of trees,
etc., within 12
hours of fall.
Do. Do.
200 (3) Unlawful
destruction or
alteration etc., of
name of street.
Twenty
rupees.
Do.
201 (2) Unlawful
destruction or
alteration etc., of
numbers on
buildings.
Five
rupees.
Compoundable.
201 (3) Failure to replace
number when
required to do so.
Do. Do.
205 (5) Constructing or
reconstructing
building contrary
to declaration
issued by council.
Two
hundred
rupees.
Compoundable
with permission
of the court.
206 (1) Failure to obey
requisition to
round or splay off
buildings at
corners of streets.
One
hundred
rupees.
Do.
[Act No. 6 of 1965] 371
(1) (2) (3) (4) (5)
207 .. Construction of
external roofs etc.,
with inflammable
materials.
Twenty-
five
rupees.
Compoundable.
208 .. Construction of
door or window
etc., to open
outwards on
public street.
Twenty
rupees.
Compoundable
with permission
of the Court.
226 .. Failure to keep
external walls of
premises in proper
repair.
Do. Compoundable.
231 (1) Failure to obey
requisition to take
down, repair, or
secure dangerous
structure.
Five
hundred
rupees.
Compoundable
with permission
of the Court.
232 (1) Failure to obey
requisition to
secure, lop or cut
down dangerous
trees.
Fifty
rupees.
Compoundable.
233 .. Failure to obey
requisition to
repair etc., tank or
other place
dangerous to
passers by or
persons living in
neighbourhood.
Do. Compoundable
with the
permission of
the court.
234 .. Failure to obey
requisition to stop
dangerous
quarrying.
One
hundred
rupees.
Compoundable
with the
permission of
the court.
372 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
235 .. Failure to obey
notice regarding
precautions against
fire.
Do. Do.
236 (1) Constructing well,
etc., without
permission.
Fifty
rupees.
Compoundable.
236 (3) Failure to obey
notice to fill up or
demolish well, etc.
Do. Do.
237 .. Failure to obey
requisition to fill up
etc., tank or well, or
drain off water etc.
Do. Do.
238 .. Cultivating contrary
to prohibition or
regulations.
Two
hundred
rupees.
Compoundable
with permission
of the court.
239 .. Failure to obey
requisition to
cleanse or close,
etc, tank, well, or
other source of
water used for
drinking.
Fifty
rupees.
Do.
241 .. Obstructing a
person in the use
and enjoyment of a
public well, tank or
reservoir.
One
hundred
rupees.
Do.
242 .. Unlawful washing
and fishing in river
etc., after prohibition
or contrary to
regulations.
Fifty
rupees.
Do.
[Act No. 6 of 1965] 373
(1) (2) (3) (4) (5)
244 .. Washing of clothes
by washermen at
unauthorised
places.
Ten rupees. Compoundable.
245 .. Defiling water of
tanks, etc.
Fifty rupees. Do.
246 .. Failure to obey
requisition to
enclose, clear or
cleanse untenanted
premises.
Do. Do.
247 .. Failure to obey
requisition to clear
or cleanse, etc.,
building or land in
filthy state or
overgrown with
noxious vegetation.
Do. Compoundable
with permission
of the court.
248 .. Failure to obey
requisition to fence
building or land or
prune or cut
hedges and trees
or lower an
enclosing wall.
Do. Do.
249 .. Failure to obey
requisition to lime
wash or otherwise
cleanse building.
Do. Do.
250 .. Failure to obey
requisition to
execute work or
take other action
with respect to
insanitary building.
One hundred
rupees in the
case of
building and
fifty rupees in
the case of
hut.
Do.
374 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
251 (2) Using or allowing
the use of building,
unfit for human
habitation after
prohibition.
Twenty
rupees.
Compoundable
with permission
of the court.
251 (4) Failure to obey
requisition to
demolish the same.
Do. Do.
252 (1) Allowing
ovecrowding in
building after order
to abate the same.
Ten
rupees
for each
day.
Do.
252 (4) Failure to obey
requisition to vacate
overcrowded
building or room.
Do. Do.
253 .. Feeding animals on
filth.
Fifty
rupees.
Do.
254 .. Unlawful keeping of
animal so as to be a
nuisance or
dangerous.
Ten
rupees.
Do.
260 .. Use of place as
stable cattle-stand
etc., without licence
or contrary to
licence.
Fifty
rupees.
Compoundable.
261 .. Construction or
maintenance of
stable cattle-shed,
etc., contrary to Act,
or subsidiary
legislation.
Do. Do.
[Act No. 6 of 1965] 375
(1) (2) (3) (4) (5)
262 .. Use of place as
stable, cattle-shed,
etc., contrary to
notice issued by
*[Commissioner].
Two
hundred
rupees.
Do.
263 (1) Using a place for
any of the purposes
specified in
Schedule IV without
licence or contrary
to licence.
One
hundred
rupees.
Do.
264 .. Unlawful erection of
factory, workshop,
etc.
Five
thousand
rupees.
Do.
265 .. Using steam
whistles, etc.,
without or in
contravention of the
permission of
council.
Ten
rupees
for each
day.
Do.
266 .. Disobedience of
orders regarding
abatement of
nuisance.
One
hundred
rupees.
Compoundable
with permission
of the court.
272 .. Use of place as
slaughter house
without licence or
contrary to licence.
Two
hundred
rupees.
Compoundable.
273 .. Slaughter of animals
for sale or food or
skinning or cutting
up carcases or
drying skin so as to
cause a nuisance.
Twenty
rupees
for every
animal,
carcass
or skin.
Compoundable
with the
permission of
the court.
376 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
275 .. Carrying on milk
trade without
licence or contrary
to licence.
Fifty
rupees.
Compoundable.
276 .. Obstructing a
person in the use
of a public market.
One
hundred
rupees.
Do.
278 .. Sale or exposure
for sale in public
market of animal
or article without
licence or contrary
to licence.
Twenty
rupees.
Do.
279 .. Opening or
keeping open
private market
without licence or
contrary to
licence.
Five
hundred
rupees.
Compounds.
281 .. Sale or exposure
for sale of animal
or article in
unlicensed private
market.
Twenty
rupees.
Do.
282 .. Failure to obey
direction to
construct
approaches,
drains, etc., to
private markets or
to pave them, etc.
Fifty
rupees.
Do.
[Act No. 6 of 1965] 377
(1) (2) (3) (4) (5)
283 (2) Opening or
keeping open of
private market
after suspension
or refusal of
licence for default
to carry out works.
Twenty
rupees
for each
day.
Compoundable
with the
permission of
the court.
284 .. Nuisances in
private markets.
Twenty
rupees.
Compoundable.
288 .. Carrying on
butcher‘s,
fishmongers or
poulterer‘s trade
without licence,
etc.
One
hundred
rupees.
Do.
289 .. Sale or exposure
for sale of animal
or article in public
street.
Ten
rupees.
Compoundable
with permission
of the court.
292 .. Using a public
place or the sides
of a public street
as public landing
place, etc.
Two
hundred
rupees.
Compoundable
.
295 .. Preventing the
*[Commissioner]
or any person
authorised by him
from exercising his
powers of entry,
etc.
Fifty
rupees.
Do.
297 .. Removing or in
any way interfering
with an animal or
article secured
under section 296.
Five
hundred
rupees.
Do.
378 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
301 (1) Opening, etc.,
without licence a
place for the
disposal of the
dead.
One
hundred
rupees.
Do.
303 (3) Use or allowance of
use of burial or
burning ground
which has not been
registered, licenced
or provided.
Do. Do.
304 .. Failure to give
information of
burials or burnings
in burial or burning
ground.
Twenty
rupees.
Do.
305 (3) Burial or burning in
a place after
prohibition.
One
hundred
rupees.
Do.
306 .. Offences in respect
of corpses.
Fifty
rupees.
Do.
307 .. Discharge of office
of grave digger or
attendant at place
for disposal of dead
without licence.
Five
rupees.
Do.
310 .. Wilful failure of
medical practitioner
or owner to give
information of
existence of
infectious disease in
private or public
dwelling.
Fifty
rupees.
Do.
[Act No. 6 of 1965] 379
(1) (2) (3) (4) (5)
312 .. Failure to obey
requisition to
cleanse or disinfect
buildings or articles.
Fifty
rupees.
Compoundable
with the
permission of
the court.
313 (3) Washing of infected
articles at
unauthorised
places.
Fifty
rupees.
Do.
314 .. Giving, lending, etc.,
of infected articles.
Do. Do.
315 .. Using water after
prohibition.
Do. Do.
317 .. Infected person
carrying on
occupation.
Do. Do.
318 (1) Travelling of
infected person in
public conveyance
without taking
proper precautions
against spread of
disease.
Fifty
rupees.
Do.
318 (2) Entry of infected
person into public
conveyance without
notifying the fact of
infection.
Do. Compoundable
with permission
of the court.
318 (3) Carrying infected
person in public
conveyance.
Do. Do.
380 [Act No. 6 of 1965]
(1) (2) (3) (4) (5)
319 .. Letting or sub-
letting of infected
building without
previous
disinfection, etc.
Two
hundred
rupees.
Do.
320 .. Failure to close
place of public
entertainment.
Do. Do.
321 .. Sending infected
child to school.
Fifty
rupees.
Do.
323 .. Failure to give
information of
small-pox.
Do. Do.
344 (9) Failure to produce
licence on
request.
Five
rupees.
Compoundable.
348 .. Failure to obey
summons.
Fifty
rupees.
Do.
355 (1) Failure of occupier
to obey requisition
to permit owner to
comply with
provisions of Act.
Fifty
rupees
for each
day.
Compoundable
with permission
of the court.
382 .. Obstructing or
molesting council,
etc.
Fifty
rupees.
Compoundable.
383 .. Removing mark
set up for
indicating level,
etc.
Do. Do.
384 .. Removal, etc., of
notice exhibited
by or under orders
of the council.
Do. Do.
[Act No. 6 of 1965] 381
(1) (2) (3) (4) (5)
385 .. Unlawful removal
of earth, sand or
other material
from land vested
in the council or
deposit of matter
or encroachment
in or on river,
estuary, etc.
Twenty
rupees.
Compoundable
with permission
of the court.
Rules 59 of
Schedule II.
Failure to obey
requisition by
auditors to attend,
give evidence or
produce
documents.
Fifty
rupees.
Compoundable.
382 [Act No. 6 of 1965]
SCHEDULE Vll.
PENALTIES FOR CONTINUING BREACHES.
[Section 336].
Section
or rule.
Sub-
section
or
clause.
Subject Fine which
may be
imposed.
(1) (2) (3) (4)
139 .. Failure to maintain connections
in conformity with bye-laws and
regulations.
Five
rupees.
140 (2) Failure to obey requisition to
make connection.
Five
rupees.
149 .. Failure to maintain house
drains, etc., in conformity with
bye-laws and regulations.
Ten
rupees.
150 (2)
and
(3)
Failure to obey requisition as to
house and drainage.
Do.
155 .. Failure to obey requisition to
maintain troughs and pipes for
catching etc., water from roof or
other part of building.
Do.
157 .. Failure to obey requisition to
provide latrine or to remove
latrine to another site and failure
to keep latrines clean and in
proper order.
Do.
158 .. Failure to provide latrines for
premises used by large
numbers of people or to keep
them clean and in proper order.
Twenty
rupees.
[Act No. 6 of 1965] 383
(1) (2) (3) (4)
159 .. Failure to obey requisition to
provide latrines for market.
Cattle-stand or cart-stand or to
keep them clean and in proper
order.
Do.
176 .. Building within street alignment One
hundred
rupees.
184 .. Failure to provide roads, etc.,
on building sites prior to
disposal.
Five
rupees.
192 .. Failure to remove permanent
encroachment.
Ten
rupees.
193 .. Failure to remove temporary
encroachment.
Five
rupees.
197 .. Unlawful making of hole or
placing of obstruction in street.
Ten
rupees.
198 .. Construction of building without
licence.
Ten
rupees.
206 (1) Failure to obey requisition to
round or splay off buildings at
corners of street.
Fifty
rupees.
207 .. Construction of external roofs,
etc., with inflammable materials.
Ten
rupees.
226 .. Failure to keep external walls of
premises in proper repair.
Do.
233 .. Failure to obey requisition to
repair, etc., tank or other place
dangerous to passers-by or
persons living in neighbourhood.
Do.
384 [Act No. 6 of 1965]
(1) (2) (3) (4)
234 .. Failure to obey requisition
to stop dangerous
quarrying.
Do.
235 .. Failure to obey notice
regarding, precautions
against fire.
Do.
237 .. Failure to obey requisition
to fill up etc., tank or well or
drain off water.
Do.
239 .. Failure to obey requisition
to cleanse or close. etc.,
tank, well, etc., or other
source of water used for
drinking.
Ten rupees.
246 .. Failure to obey requisition
to enclose, clear or cleanse
untenanted premises.
Do.
247 .. Failure to obey requisition
to clear or cleanse, etc.,
building or land in filthy
state or overgrown with
noxious vegetation.
Do.
248 .. Failure to obey requisition
to fence building or land, or
prune or cut hedges and
trees or lower an enclosing
wall.
Do.
249 .. Failure to obey requisition
to lime-wash or otherwise
cleanse building.
Fifty rupees.
[Act No. 6 of 1965] 385
(1) (2) (3) (4)
250 .. Failure to obey requisition
to execute work or take
other action with respect to
insanitary buildings.
Ten rupees in
the case of
building and
five rupees in
the hut.
254 .. Unlawful keeping of animal
so as to be a nuisance or
dangerous.
Five rupees
260 .. Use of place as stable cattle
stand, etc., without licence
or contrary to licence.
Ten rupees.
261 .. Construction or
maintenance of stable,
cattle-shed, etc., contrary to
Act or subsidiary legislation.
Do.
262 .. Use of place as stable,
cattle-shed, etc., contrary to
notice issued by
*[Commissioner].
Fifty rupees.
263 (1) Using a place for any of the
purposes specified in
Schedule IV without licence
or contrary to licence.
Twenty
rupees.
264 .. Unlawful erection of factory,
work shop, etc.
One hundred
rupees.
266 .. Disobedience of order
regarding abatement of
nuisance.
Do.
272 .. Use of place as slaughter-
house without licence or
contrary to licence.
Fifty rupees.
386 [Act No. 6 of 1965]
(1) (2) (3) (4)
275 .. Carrying on trade without
licence or contrary to
licence.
Five rupees.
279 .. Opening or keeping open
private market without
licence or contrary to
licence.
One hundred
rupees.
281 .. Sale or exposure for sale of
animal as articles in
unlicenced private market.
Twenty
rupees.
288 .. Carrying on butcher‘s,
fishmonger‘s or poulterer‘s
trade without licence etc.
Ten rupees.
292 .. Using a public place or the
sides of a public street as a
public landing place, etc.
Twenty
rupees.
301 .. Using without licence a
place for the disposal of the
dead.
One hundred
rupees.
312 .. Failure to obey requisition
to cleanse or disinfect
buildings or articles.
Ten rupees.
320 .. Failure to close place of
public entertainment.
One hundred
rupees.
Rules 59
of
Schedule
II
.. Failure to obey requisition
by auditors to attend, give
evidence or produce
document.
Twenty five
rupees.
378[SCHEDULE VIII [XXX]]
378. Schedule VIII omitted by Act No.16 of 2011.
[Act No. 6 of 1965] 387
SCHEDULE IX.
TRANSITIONAL PROVISIONS.
(Section 389)
1. Definitions.- In these rules, unless the context
otherwise requires,-
(a) ―Andhra Municipalities Act‖ means the Andlhra
Pradesh (Andhra Area) District Municipalities Act, 1920 (Act
V of 1920), and ―Hyderabad Municipalities Act‖ means the
Andhra Pradesh (Telangana Area) District Municipalities Act,
1956 (Act XVIII of 1956);
(b) ―council‖ means-
(i) a municipal council constituted or deemed to have
been constituted under the Andhra Municipalities Act; or
(ii) a municipal committee constituted or deemed to
have been constituted for a city municipality under the
Hyderabad Municipalities Act;
and in existence at the commencement of this Act;
(c) ―#[Member]‖ means a member of the council;
(d) ―$[chairman/chairperson]‖ includes the president,
and ―vice-chairman‖ includes the vice-president of the
municipal committee of a city municipality referred to in sub-
clause (ii) of clause (b).
2. Existing municipalities and city municipalities to be
deemed municipalities:- (1) Every local area which at the
commencement of this Act is a municipality under the
Andhra Municipalities Act or a city municipality under the
388 [Act No. 6 of 1965]
Hyderabad MunicipalitIes Act shall be deemed to have been
declared a municipality under this Act.
(2) Every council in existence at the commencement of
this Act shall be deemed to be a council constituted under
this Act.
3. Total number of #[Members] of municipalities:- (1)
Notwithstanding anything in this Act, the total number of the
#[Members] of a council that is deemed to have been
constituted under sub-rule (2) of rule 2 shall, until the first
reconstitution of the council under this Act, be of the same
number as that of the council at the commencement of this
Act and on such commencement the ex-officio #[Members]
specified in sub-section (2) of section 5, and the aldermen
when elected under section 9, shall also be the members of
the council.
(2) Where, in the case of any council as deemed to
have been so constituted, the total number of members
thereof exceeds the total number of #[Members] notified for
the council under sub-section (1) of section 5, the Director
of Municipal Administration shall, subject to such directions
as the Government may give in this behalf, declare by a
notification as to which of the members holding office on the
date of commencement of this Act shall be deemed to be in
excess.
(3) Any vacancy in the office of #[Member] so declared
to be in excess shall not be filled.
4. #[Members] holding office at the commencement of
this Act to be deemed to be elected #[Members] under this
Act:- (1) The #[Members] of a council holding office at the
commencement of this Act shall be deemed to have been
elected as #[Members] of that council under this Act, and
[Act No. 6 of 1965] 389
they shall, subject to the provisions of sections 16 and 19,
continue to hold office,-
(i) if the date on which the #[Members] elected at the
last ordinary elections came into office falls on the 1st day of
July, for a period of five years commencing on and from
such date; and
(ii) if such date falls on a day other than the 1st day of
July, upto noon on the 1st day of July immediately
preceding the expiration of a period of five years from such
date:
Provided that the members of a municipal committee
constituted for a city municipality under the Hyderabad
Municipalities Act holding office at the commencement of
this Act shall, subject to the provisions of sections 16 and
19, continue to hold the office of #[Members] until the
expiration of their term or extended term of office as
determined under the provisions which were applicable to
them immediately before such commencement.
(2) Where the date of expiration of the term or
extended term of office of the #[Members] of a council,
determined under sub-rule (1) before the date of
commencement of this Act or falls within a period of three
months after that date or where in the opinion of the
Government, there is any difficulty in precisely fixing such
date, the Government may, from time to time, fix a date upto
noon on which the term of office of such #[Members] shall
be extended.
(3) The Government shall arrange to have the council
reconstituted by election under this Act, before the date of
the expiration of the term of office of the #[Members]
determined under sub-rule (1) or fixed under sub-rule (2), so
390 [Act No. 6 of 1965]
that the newly elected #[Members] may enter office at noon
on the date of expiration of such term of office.
(4) Where the date on which the newly elected
#[Members] so enter office falls,-
(a) on the 1st date of July, they shall hold office for a
period five years from noon on the 1st day of July aforesaid,
that is, upto noon on the 1st day of July on which a period
of five years will expire; and
(b) on a date other than the 1st day of July, they shall
hold office up to noon on the 1st day of July, immediately
preceding the expiration of a period of five years from such
date.
5. Existing wards to continue:- Any division of the
municipality into wards, made or deemed to have been
made, under the Andhra Municipalities Act or the
Hyderabad Municipalities Act and in force at the
commencement of this Act, shall be deemed to be the
division of the municipality into wards made under this Act;
and the councillors representing the wards shall, subject to
the provisions of rule 4, be deemed to represent them on
and from the commencement of this Act:
Provided that where the municipality had not been
divided into wards before the commencement of this Act, or
where the division into wards in force in the municipality
needs, in the opinion of the Government, to be revised to
bring it in accordance with the provisions of this Act, the
Government shall, by notification in the 379Telangana
Gazette, divide the municipality into wards and determine
the ward which each of the #[Members] including the
379. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 391
$[chairman/chairperson] or vice-chairman shall be deemed
to represent; and if there is any casual vacancy in the office
of any member of the council immediately before the
Commencement of this Act, the said notification shall
determine to which of the wards the vacancy shall be
assigned.
Explanation.- The expression ―ward‖ in relation to a
―city municipality‖ means a constituency.
6. Reservation of seats to continue in the case of
Scheduled Castes or Scheduled Tribes:- The reservation of
seats for the members of the Scheduled Castes or
Scheduled Tribes or both made under the Andhra
Municipalities Act or Hyderabad Municipalities Act, and in
force at the commencement of this Act, shall be deemed to
have been made under this Act.
7. Filling up of casual vacancies:- Any casual vacancy in
the office of $[chairman/chairperson], vice-chairman or
#[Member], which is in existence at the date of
commencement of this Act or which may occur thereafter
but prior to the first reconstitution of the council by election
under this Act, shall, subject to sub-rule (3) of rule 3, be
filled by casual election held under this Act and the term of
office of the $[chairman/chairperson], vice-chairman or
#[Member] elected at such casual election, shall expire on
the date on which his predecessor in whose place he is so
elected, would have vacated office under this Act.
8. Appointment of Special Officer when term of members
exceeds five years on the commencement of this Act:-
(1) Where the members of a council have been in office
for more than five years on the commencement of this Act,
the Government may, for reasons to be recorded, appoint a
special officer for such council to exercise the powers and
392 [Act No. 6 of 1965]
perform the functions of the council and its
$[chairman/chairperson] and the *[Commissioner] and the
provisions of section 7 shall apply to such a case.
(2) On the appointment of such special officer all the
members of the council including its $[chairman/
chairperson] and vice-chairman shall vacate office.
9. Reconstitution of council dissolved or superseded
before the commencement of this Act:- Any council
dissolved or superseded under the Andhra Municipalities
Act or the Hyderabad Municipalities Act and awaiting
reconstitution at the commencement of this Act shall be re-
constituted in accordance with the provisions of this Act.
10. Constitution of councils for local areas notified before
the commencement of this Act:- Where, before the
commencement of this Act any local area was notified under
the Andhra Municipalities Act or the Hyderabad
Municipalities Act for constituting a council, but no council
was constituted, the special officer appointed, if any,
therefor, shall be deemed to have been appointed under
this Act and the provisions of section 7 shall apply to such a
case. Where no such special officer was appointed, a
special officer shall be appointed for such a local area as if it
has been notified under this Act on the date of the
commencement of this Act.
11. Devolution of property, rights and liabilities:-
(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, any council,
as well as all liabilities legally subsisting against it, shall, on
and from the date of commencement of this Act and subject
to such directions as the Government may, by general or
[Act No. 6 of 1965] 393
special order, give in this behalf, pass to such council as
shall be deemed to be constituted under this Act.
(2) All arrears of taxes or other payments by way of
composition for a tax or due for expenses or compensation
or otherwise due to a council at the commencement of this
Act may be recovered as if they had accrued under this Act.
(3) All proceedings taken by or against any council or
other authority or any person under the Andhra
Municipalities Act, or the Hyderabad Municipalities Act, may,
in so far they are not inconsistent with this Act, be continued
by or against such council, authority or person under this
Act.
12. 380[Levy of Taxes, etc.]:- Any tax, cess or fee which was
being lawfully levied by or on behalf of any council at the
commencement of this Act and which may be lawfully levied
under this Act, shall, notwithstanding any change in the
method or manner of assessment or levy of such tax, cess
or fee 380[be levied by or on behalf of the council at such rate
as may be prevailing at such commencement or at such
other rate as may be determined by the council, from time to
time, by a resolution] for the year in which this Act is
brought into force, and unless the Government by general
or special order otherwise direct for subsequent years also:
381[Provided that the levy of such tax, cess or fee shall
be applicable, in respect of every local area or any portion
thereof included in a municipality by virtue of a notification
under section 3, and in respect of any building newly
constructed within a municipality after the commencement
of this Act].
380. Substituted by Act No.45 of 1976.
381. Added by Act No.45 of 1976.
394 [Act No. 6 of 1965]
13. Action taken under Andhra Municipalities Act or
Hyderabad Municipalities Act to continue:- Any action taken
under the Andhra Municipalities Act or the Hyderabad
Municipalitics Act, by any authority before the
commencement of this Act, shall, unless inconsistent with
this Act, be deemed to have been taken by the authority
competent to take such action under this Act, unless
supreseded by action taken by such authority, whether it be
the same as the authority competent to take such action
under the Andhra Municipalities Act or the Hyderabad
Municipalities Act or not.
14. Removal of difficulty:- If any difficulty arises in giving
effect to the provision of these rules, the Government, as
occasion may require, may, by notification in the
382Telangana Gazette, do anything which appears to them to
be necessary for the purpose of removing the difficulty.
382. Substituted by G.O.Ms.No.142, MA & UD (A2) Department, dated
29.10.2015.
[Act No. 6 of 1965] 395
383[SCHEDULE - X.
(see Clause (42-aa) of Section 2)
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
1 Jagtial Raikal Raikal 9
2 Jagtial Dharmapuri
(Harandlapalli,
Korandlapalli)
Dharmapuri
3 Jogulamba
Gadwal
Waddepalle Waddepalle 7
Paipadu
4 Jogulamba
Gadwal
Alampur Alampur 7
Imampur
5 Karimnagar Choppandandi Choppandandi 9
6 Karimnagar Kothapally Kothapally 7
7 Kamareddy Yellareddy Yellareddy 9
Lingareddy pet
Gandimasani
pet
Devunpally
8 Khammam Pallipadu Wyra 15
Lalapuram
Shantinagar of
GP Gundrathi
Madugu
Duddepudi
383. Schedules X and XI added by Act No.4 of 2018.
396 [Act No. 6 of 1965]
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
Somavaram
(Wyra)
9 Mahabubabad Dornakal Dornakal 7
10 Mahabubabad Maripeda Maripeda 9
11 Mahabubabad Thorrur Thorrur 9
12 Mahabubnagar Makthal Makthal 11
Garlapally
(RR Centre)
Chandrapur
13 Mahabubnagar Bhootpur Bhootpur 7
Amistapur
14 Mahabubnagar Kosgi Kosgi 11
Pothireddypally
Malreddy pally
Sampally
Masaipally
15 Mancherial Naspur Naspur 25
Theegalphad
Tallapally
Singapur
16 Mancherial Chennur Chennur 11
17 Mancherial Kyathanpally Kyathanpally 15
Thimmapur
[Act No. 6 of 1965] 397
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
18 Mancherial Luxettipet Luxettipet 11
Uthkur
Itikyal
Modela
19 Medak Toopran Toopran 11
Allapur
Brahmanpally
Ravelly
20 Medak Ramayampet Ramayampet 9
21 Medak Narsapur Narsapur 9
Hanmanthapur
Malparthy
22 Medchal
Malkajigiri
Jawaharnagar Jawaharnagar 21
23 Medchal
Malkajigiri
Ahamedguda Dammaiguda 11
Dammaiguda
Kundanpally
(Godumakunta
GP)
24 Medchal
Malkajigiri
Nagaram Nagaram 11
Rampally
25 Medchal
Malkajigiri
Ismailkhanguda Pocharam 11
Pocharam
Yamnampet
Narapally
398 [Act No. 6 of 1965]
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
26 Medchal
Malkajigiri
Ghatkesar Ghatkesar 11
Kondapur
NFC Nagar
27 Medchal
Malkajigiri
Gundlapocham
pally
Gundlapocham
pally
Kandlakoya
Basiregadi
(Gowdavelly
GP)
Gnanapur
(Gowdavelly
GP)
Arkalguda
(Pudur GP)
28 Medchal
Malkajigiri
Pothaipally Thumkunta 11
Thumkunta
Devaryamjal
Upparpally
29 Medchal
Malkajigiri
Nizampet Nizampet 25
Bachupally
Pragathinagar
30 Medchal
Malkajigiri
Doolapally Kompally 11
Kompally
31 Medchal
Malkajigiri
Mallampet Dundigal 15
DP Pally
Bowrampet
[Act No. 6 of 1965] 399
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
Bahadurpally
Gagillapur
Dundigal
32 Nalgonda Nakrekal Nakrekal 11
33 Nalgonda Vijayapuri
north
(Nagarjun
Sagar)
Nandikonda 9
Nandikonda
Sunkishala
34 Nalgonda Chityal Chityal 7
Shivannagudem
35 Nalgonda Haliya
(Anumula)
Haliya 9
Ibrahimpet
36 Nalgonda Chandur Chandur 7
Angadipeta
37 Nirmal Khanapur
(including
Timmapur and
Subhash
nagar)
Khanapur 11
38 Nizamabad Bheemgal Bheemgal 7
39 Peddapalli Manthani Manthani 9
40 Peddapalli Sulthanabad Sulthanabad 9
Poosala
Suglampalli
400 [Act No. 6 of 1965]
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
41 Rangareddy Shamshabad Shamshabad 21
Kothwalguda
Satamrai
Ootpally
Tondupally
Chinnagolla
pally
42 Rangareddy Turkayamjal Turkayamjal 21
Kammaguda
Ragannaguda
Brahmanapally
Thorrur
Munaganur
Injapur
Koheda
Ummarkhan
Daira
43 Rangareddy Manikonda Manikonda 9
Puppalaguda
Neknampur
[Act No. 6 of 1965] 401
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
44 Rangareddy Narsingi Narsingi 11
Kokapet
Vattinagaula-
pally
Khanapur
Gandipet
Manchirevula
45 Rangareddy Bandlaguda
Jagir
Bandlaguda
Jagir
Kismathpur
Hydershakote
Peeram
cheruvu
Himayathsagar
46 Rangareddy Bongloor Adibatla 9
Adibatla
(Adityanagar)
Kongarakalan
Mangalpally
Patelguda
Ramdaspally
47 Rangareddy Shankarpally Shankarpally 11
Fathepur
Singapur
Ramanthapur
Bulkapur
402 [Act No. 6 of 1965]
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
48 Rangareddy Thukkuguda Thukkuguda 9
Sardarnagar
Raviryal
Mankhal
49 Rangareddy Amangal Amangal 11
Vittaipally
50 Sangareddy Narayankhed Narayankhed 9
Chandkhanpally
Mansoorpur
51 Sangareddy Bollaram Bollaram 15
52 Sangareddy Osmannagar Tellapur 11
Tellapur
Kollur
Eduranagula
palli
Velimela
53 Sangareddy Ameenpur Ameenpur 15
54 Siddipet Cherial Cherial 9
55 Suryapet Nereducharla Nereducharla 7
Ramapuram
Narsaigudem
(Netaji nagar)
H/o
Dirshancharla
[Act No. 6 of 1965] 403
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
Ramagiri H/o
Chillepally
56 Suryapet Thirumalagiri Thirumalagiri 9
Malipuram
Nandapuram
Anantharam
57 Vikarabad Parigi Parigi 9
58 Vikarabad Kodangal Kodangal 7
Patha
Kodangal
Gundlakunta
Kondareddy
Pally
59 Warangal Rural Wardhannapet Wardhannapet 7
Konapuram
Jaggupeta
DC Thanda
Bhavanikunta
Thanda
Thallakunta
Thanda
Gubbedi
Thanda
Dubba Thanda
Rukki Thanda
404 [Act No. 6 of 1965]
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
Neelagiri
swamy
Thanda
Chandru
Thanda
60 Wanaparthy Kothakota Kothakota 9
61 Wanaparthy Pebbair Pebbair 9
Chelimilla
62 Wanaparthy Atmakur Atmakur 9
Somsagar
Khanapur
63 Wanaparthy Amarchinta Amarchinta 7
64 Yadadri
Bhuvanagiri
Mothkur Mothkur 9
Kondagadapa
Bujilapuram
65 Yadadri
Bhuvanagiri
Choutuppal Choutuppal 15
Lingojigudem
Thallasingara
m
Lakkaram
Thangadapally
66 Yadadri
Bhuvanagiri
Alair Alair 9
Bahadurpeta
67 Yadadri
Bhuvanagiri
Pochampally Pochampally 9
Revanapally
Mukthapur
[Act No. 6 of 1965] 405
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
68 Yadadri
Bhuvanagiri
Yadagirigutta Yadagirigutta 9
Pathagutta
Datharupally
GP (Partly)
Peddireddy-
gudem
Datharupally
GP (Partly)
69 Siddipet 1.Dubbaka
2.Dharmajipet
3.Lachapet
4.Chervapur
5.Dumpala-
pally
6.Chellapur
7.Mallaipally
Dubbaka 11
70 Ranga Reddy 1.Jalpally
2.Kothapet
3.Pahadi-
shareef and
4.Balapur part
Sy.No.140 to
253
Jalpally 25
71 Ranga Reddy Meerpet Meerpet 25
72 Ranga Reddy Jillelaguda Jillelaguda 21
73 Medchal
Malkajigiri
1.Boduppal and
2.Chengicherlla
Boduppal 21
406 [Act No. 6 of 1965]
Sl.
No.
Name of the
District
Areas to be
constituted
Smaller Urban
Area constituted
Total
wards
(1) (2) (3) (4) (5)
74 Medchal
Malkajigiri
1.Medipally
2.Parvathapur
and
3.Peerzadi-
guda
Peerzadiguda 21
75 Medchal
Malkajigiri
1.Medchal and
2.Athvelly
Medchal 15
[Act No. 6 of 1965] 407
SCHEDULE - XI.
(see sub-section (1B) of Section 3)
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which areas are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
1 Adilabad Anukunta Adilabad 13
1. Belluri of Arli-B
GP
2. Nishan Ghat
of Arli-B GP.
Rampur – R 32
1. NHB Colony
of
Battisavergaon
GP.
2. Tailors Colony
of
Battisavergaon
GP.
3. Police Colony
of
Battisavergaon
GP.
4. Vivekananda
Colony of
Battisavergaon
GP.
408 [Act No. 6 of 1965]
5. Agraja
Township of
Battisavergaon
GP.
27
6. Adarsh colony
of
Battisavergaon
GP.
7. Bhagath singh
Colony of
Battisavergaon
GP.
1. Dasnapur of
Mavala GP.
19
2. Durganagar of
Mavala GP.
3. KRK Colony of
Mavala GP.
Remaining part
of Handicapped
Colony
Attenders
Colony
Krishnanagar 19
Indiramma
Colony
2 Jagtial Shankulapalli 38
Govindupalli 10
Lingampet 27
TR Nagar 27
[Act No. 6 of 1965] 409
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Dharoor
(Part of the area
only proposed
for merging into
Municipality)
{41, 45, 46, 53,
54, 57, 58, 104,
106, 107, 300,
302, 303, 304,
314, 315, 316,
317, 318, 320,
357, 358, 359,
360, 363, 364,
366, 375, 378,
383, 386, 391,
394}
18
Hasnabad
(Only lands in
the said Sy.Nos)
{971, 972 ,973,
979, 980, 981,
982, 986, 993,
995, 996, 997,
998, 1007, 1008,
1063, 1067,
1068, 1086,
1087, 1090,
1093, 1095,
1097, 1098,
1110, 1589,
Jagtial 29
410 [Act No. 6 of 1965]
1590, 1616,
1617, 1618,
1622, 1621,
1620, 1686,
1694, 1695,
1696, 1702,
1703, 1704,
1706}
Jagtial Thimmapur
(Only lands in
the said Sy.Nos)
{417, 454, 457,
459, 460}
Jagtial 3
3 Jagtial Yakeenpur Korutla 24
4 Jagtial Venkatraopet Metpalli 20
Arapet 13
5 Jangaon Shameerpet
(Arvind nagar)
Jangaon 23
Shameerpet
(Vikas nagar)
Yesvanthpur
(Yellamma
Temple)
Cheetakodur
(Rajiv Nagar)
1
6 Warangal
Rural
Rajipet Parkal 8
Madharam
(Sitharampuram)
7 Warangal
Rural
Kamlapoor Narsampet 3
8 Kama-
reddy
Adloor Kamareddy 1
Devanpally 26
[Act No. 6 of 1965] 411
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Lingapoor 24
Patharajampet 24
Rameshwarpally 6
Sarampally 24
Tekriyal 32
9 Kama-
reddy
4th Class
Employees
Colony
Banswada 6
Koyagutta
Thanda
Vasavi Colony 4
Hanuman
Colony
2BHK Colony 3
10 Mahabu-
babad
Jamandlapally Mahabubabad 5
Eedulapusapally 1
Bethole 17
Shanigapuram 18
Anantharam 13
Rajalipet 15
412 [Act No. 6 of 1965]
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
11 Jogu-
lamba
Gadwal
Jammichedu Gadwal 8
Yenkampeta 8
12 Medak Chityala
(Pillikotalapally)
Medak 12
Ausulapally 1
Aurangabad 1
13 Nirmal Manjulapur Nirmal 30
Venkatapur 27
14 Nizama-
bad
Srinivasa Nagar Bodhan 27
Achanpally 1
15 Nizama-
bad
Perkit &
Kotarmoor
Armoor 23
Mamidipally
16 Karim-
nagar
Dharmaram Jammikunta 1
Ramannapalli 9
Kothapalli 9
17 Karim-
nagar
Bornapally Huzurabad 20
Kothapally 1
Ippalnarsingapur 15
Dhammakkapet 15
[Act No. 6 of 1965] 413
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
18 Pedda
palli
Rangampalli Peddapalli 5
Bandhampalli 1
Chandapalli 15
Peddakalvala
part (Sy Nos 84
to 139, 140 to
152, 196 to 200)
Peddabonkur
part (Sy Nos 17
to 21, 26 to 79,
652 to 661)
6
19 Rajanna
Sircilla
Chandrampeta Sircilla 1
Mustipalli 29
Ragudu 1
Peddur 18
Chinna Bonala 29
Bonala 20
Sardapur 18
20 Rajanna
Sircilla
Thippapur Vemulawada 8
Shatrajpalli 1
Ayyorupalli 1
Nampalli 8
Konaipalli 19
414 [Act No. 6 of 1965]
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Hanumankapally
& Kasaypally
19
21 Khammam Rajiv nagar, H/o
G.P.Siddaram
Sathupalli 06
22 Khammam Didugupadu
(Jilugumadu)
Madhira 20
23 Sanga-
reddy
Pothireddypalli Sangareddy 21
Chintalpally 29
Part of Malkapur
GP of Kondapur
Mandal with
S.Y.Nos.210 to
365.
24
24 Sanga-
reddy
Allipur Zaheerabad 4
Ranjole 5
Hothi-K 12
Chinna
Hyderabad
Pastapur 4
Thammadipally 4
25 Sanga-
reddy
Siddapur Sadasivpet 12
Yuvapur 12
[Act No. 6 of 1965] 415
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
26 Mahabub
nagar
Jadcherla
(Kaverammapet)
Badepally 1
Bureddipally 3
Nagasala 18
27 Nagar-
kurnool
Uyyalawada Nagarkurnool 19
Naganool 14
Yendabetla 7
Deshitikyal 11
28 Nagar-
kurnool
Lingotam Achampet 19
Palkapalli 18
Pulijala 2
Nadimpally 2
Laxmapur 3
Gumpanpally 4
Choutapally 6
Polishettipally 9
29 Nagar-
kurnool
Sanjapur H/o
Tarnikal GP
Kalwakurthy 17
Thimmarasipally 10
Kotra Thanda
H/o Kotra GP
416 [Act No. 6 of 1965]
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
30 Siddipet Lingareddypally Siddipet 1
Part of Mittapally
(Sy Nos.827 to
832, 1076 to
1104, 1135 to
1161)
Part of Ponnala
(Sy.No.17, 18,
19, 21, 35, 2, 66,
156, 157, 160 to
193, 197)
9
Part of
Ensanpally
(Sy.No.83 to 95,
102 to 202, 302
to 334 & 393 to
395)
Part of
Chinnagundavelly
(Sy.No.199 to
207, 285 to 292 &
300, 302, 303)
31 Suryapet Kudakuda Suryapet 34
Bibigudem 8
Durajpally 14
Pillalamarri 34
[Act No. 6 of 1965] 417
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Gandhinagar 34
Rainigudem 28
Dhasaigudem 14
Kusumavari
gudem
Kuppireddy
gudem
32 Suryapet Thammarabanda
Palem
Kodad 7
Komarabanda 26
33 Vikarabad Burgupally Vikarabad 12
Gudupally 15
Dhannaram 8
Girgatepally 25
Kompally 1
Madgulchittam
pally
34 Vikarabad 1. Saipur Thandur 9
2. Malreddy
Pally
3. Kokat (Part-
Rajiv
Gruhakalpa &
Indiramma
Housing colony)
418 [Act No. 6 of 1965]
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
4. Antharam
(Part NTR
colony)
7
5. Tandur 15
6. Rasoolpur 13
35 Medchal Girmapur Medchal 19
36 Wana-
parthy
Srinivaspur
(Srinivaspur
Head Quarter,
Bijinigadda
Thanda,
Bonamma
Thanda,
Marrikunta,
Bikya Thanda,
Jangala
Gudiselu,
Agraharam)
Wanaparthy 20
Nagavaram
(Nagavaram HQ.
Nagavaram
Thanda)
Rajanagaram
(Rajanagaram
HQ, Bapangeri,
Vaddegeri)
[Act No. 6 of 1965] 419
Sl.
No.
Name of
the
District
Areas to be
included
Municipality into
which area are
included
Ward No.
of the
Municipality
into which
areas are
merged.
(1) (2) (3) (4) (5)
Gopalpet
(Narsingaipally)
Habitation of GP
Thadiparti)
4
37 Yadadri
Bhuvana-
giri
Raygiri Bhongir 2
Bommaiapally 19
Pagidipally 19
* * *
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