THE TELANGANA DISTRICT BOARDS ACT, 1955.
(ACT No. I OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
Preliminary.
1. Short title, extent and commencement.
2. Definitions.
3. Power to except areas from the provisions of this
Act.
CHAPTER II.
CONSTITUTION OF BOARDS.
4. Establishment of Boards.
5. Board to be deemed to be a corporate body.
6. Constitution of Boards
7. Delimitation of Constituencies and determination
of number of members.
8. Qualification of voters.
9. Preparation of list of voters and period of
operation of the list.
10. Effect of possessing qualification in more than
one constituency.
11. Elections when to be held.
12. Disqualification for corrupt practice.
13. Qualification for being elected as a member.
14. Disqualification for being elected as a member.
15. Appeals from decisions of Returning Officers.
2 [Act No. I of 1956]
16. Disqualification for continuing as member.
17. Prohibition of simultaneous representation.
18. Reference to the Election Tribunal.
19. Publication of the names in the Official Gazette.
20. Election petition.
21. Presentation of petitions.
22. Parties to the petition.
23. Appointment of Election Tribunal.
24. Powers of the Tribunal.
25. Decision of the Tribunal.
26. Other orders to be made by the Tribunal.
27. Grounds for declaring election to be void.
28. Grounds for which a candidate other than the
returned candidate may be declared to have been
elected.
29. Procedure in case of an equality of votes.
30. Communication of orders to the Collector and the
transmission of the records of the case.
31. Difference of opinion among the Members of the
Tribunal.
32. Orders of the Tribunal to be final and conclusive.
33. Orders to take effect only on publication.
34. Term of office.
35. Procedure when no member is elected.
36. Election of President and Vice-President.
37. Vacancy in the office of the President or Vice-
President.
[Act No. I of 1956] 3
38. Resignation of President or Vice-President or
Member.
39. Removal of members for misconduct, etc.
40. Filling up of casual vacancies.
CHAPTER III.
Subordinate Agencies, Committees and Office-
Bearers.
41. Board to appoint Committees.
42. Functions of Committees.
43. Sub-Committees.
44. Joint Committees.
45. Functions and emergency powers of President.
46. Functions of the Vice-President.
47. Consequence of absence of President or Vice-
President without leave.
48. Executive powers vested in the Executive Officer
of the Board.
CHAPTER IV.
Conduct of Business.
49. Meetings of Board.
50. Notice of meetings.
51. Quorum.
52. Meetings open to public.
53. Decisions how arrived at.
54. Bar of transaction of business.
55. Bar of modifying or cancelling the resolution.
56. Motions and amendments.
4 [Act No. I of 1956]
57. Conduct of ordinary meetings.
58. Moving of Resolution.
59. Preservation of order.
60. Members when to abstain from voting or taking
part in decision.
61. Minutes.
62. Circulation of proposals when meeting cannot be
convened.
63. Rights of individual members.
64. Certain Government Officers to attend meeting of
the Board.
65. Vacancy or irregularities not to invalidate the
proceedings.
CHAPTER V.
Property, Contracts and Liabilities.
66. Property vested in the Board.
67. Acquisition of land for Board.
68. Management of public institutions.
69. Transfer of Board’s property to the Government.
70. Other transfers of Board’s property.
71. Auctions.
72. Saving of the Local Authorities Loans Act, 1352 F.
73. Mode of making contracts.
74. Improper interest in contracts.
75. Penalty for improper interest in contracts.
76. Bar of suit in respect of act done in good faith.
77. Bar of suit in absence of notice.
[Act No. I of 1956] 5
78. Liability for loss, waste or misappropriation of
money or property.
79. Power of Board to compromise suits.
CHAPTER VI.
Duties and Powers of Boards.
80. Duties of Boards.
81. Discretionary powers of a Board.
CHAPTER VII.
Sanitary and Other Powers.
82. Powers to enter and inspect buildings, etc.
83. Insanitary buildings.
84. Powers with regard to sources of water.
85. Remedy on non-compliance with directions
issued.
86. Power to set apart public springs, etc. for certain
purposes and to prohibit use of water from certain
sources.
87. Penalty for using places set apart for other
purposes.
88. Abatement of nuisance from foul water.
89. Closing of places for the disposal of the dead.
90. Registration of burial and cremation grounds.
91. Licensing of places for the disposal of the dead.
92. Provision of burial and cremation grounds and
crematoria.
93. President, etc. to have power of entry for
inspection into buildings, etc., where infectious
disease exists.
6 [Act No. I of 1956]
94. Board to notify places for washing and
disinfecting articles exposed to infection. Infected
articles may be destroyed. Penalty.
95. Information regarding infectious disease.
96. Obstructions and encroachments upon public
road, land or building.
97. Prohibition of hotels, restaurants, tea-shops, etc.,
and offensive or dangerous trade without licence.
98. Power to regulate slaughter of animals for sale.
99. Power to take measures against cattle disease.
100. Prevention of rabies and disposal of mad and
stray dogs.
101. Dangerous quarrying, blasting, felling trees or
cutting timber or building.
102. Permission necessary for erecting buildings and
for construction, establishment or installation of
factory, workshop or workplace.
103. Regional and Town Planning and local lay-outs.
104. Notification of sanction of plan or lay-out.
105. Variation or revocation of plan or lay-out.
106. Limitation of compensation payable to persons
affected by variation or revocation of the plan or
lay-out.
107. Obligation of owners to comply with plan or lay-
out after sanction.
108. Penalty for breach of the provisions of any
regional or town plan or lay-out.
109. Powers of entry, etc.
[Act No. I of 1956] 7
110. Application of the Hyderabad Land Acquisition
Act, 1309 F. to immovable property required for
plan or lay-out.
111. Declaration of an area for mosquito control.
112. Prohibition of mosquito breeding in collection of
water.
113. Treatment of mosquito breeding places.
114. Health Officer’s powers in case of default.
115. Protection of anti-mosquito works.
116. Prohibition of interference with such works.
117. Power of Health staff to enter and inspect
premises.
118. Penalty for breach of section 113.
119. Penalty for breach of section 115.
120. Penalty for breach of section 116.
121. Public markets.
122. Closing of public markets.
123. Licensing of private markets.
124. Term of such licences.
125. Procedure when Board delays grant of licence.
126. Penalties.
CHAPTER VIII.
Revenue and Expenditure.
127. Constitution of District Fund.
128. Custody and investment of the District Fund.
129. Application of Fund.
130. Standing Committee and Budget Estimates.
8 [Act No. I of 1956]
131. Exempting Boards from obtaining Government
approval for estimates.
132. Expenditure from the balance of previous years.
133. Accounts.
134. Inspection of accounts by the public.
CHAPTER IX.
Taxation.
135. Omitted.
136. Omitted.
137. Omitted.
138. Special tax on property.
139. Other taxes.
140. Procedure in imposing taxes.
141. Procedure for abolishing or varying taxes.
142. Procedure for suspension of or exemption from
taxes.
143. Powers to charge fees for licences and for use of
certain lands and buildings.
144. Power to call for information.
145. Assessment not invalid for defect of form.
146. Bar of other proceedings
CHAPTER X.
Collection of Taxes.
147. Presentation of bill for amount of tax. Contents of
bill. If bill not paid within thirty days notice of
demand to issue.
148. In what cases warrant may issue.
[Act No. I of 1956] 9
149. Warrant by whom to be signed.
150. To whom warrant should be addressed.
151. Power of entry under special order.
152. Warrant how to be executed.
153. Sale of goods distrained. Application of proceeds
of sale. Surplus, if any, how dealt with.
154. Distraint and sale outside the district.
155. Fees and costs chargeable.
156. Appeal to Munsiff Magistrate.
157. Liability of lands, buildings, etc, for tax.
158. Power to seize animals, goods or vehicles on
non-payment of toll. Power to sell property seized
at once. Release of property on payment. Sale.
Surplus how dealt with.
159. Farming of tolls. Persons employed by the lessee
of toll to have power of seizure.
160. Receipts to be given for all payments.
161. Recovery of arrears of taxes and other dues.
162. Limitation for recovery proceedings.
163. Refunds.
CHAPTER XI.
Officers and Servants of Boards.
164. Application of the Hyderabad Civil Service
Regulations and certain other rules.
165. Appointment of officers and servants.
166. Hyderabad Local Government Service.
167. Delegation of power to engage officers and
servants.
10 [Act No. I of 1956]
168. Power of Government to prevent extravagance in
establishment.
169. Punishment and dismissal of the employees.
170. Power of Government to transfer officers and
servants of Board.
171. Residuary powers of the Board over
subordinates.
172. Members, Officers, etc., to be public servants.
CHAPTER XII.
Control.
173. Power of Collector to inspect and call for
documents.
174. Collector’s power of suspending execution of
orders, etc., of Board.
175. Extraordinary powers of Government and
Collector in cases of emergency.
176. Power of Government to provide for performance
of duties in default of Board.
177. Dissolution and reconstitution of Board.
178. Power of Government to enforce order passed by
Government or other authorities.
179. Disputes between Boards and other Local
Bodies.
180. Appointment of technical and inspecting officers
for whole of the State.
181. Delegation of powers by Government.
182. Control of Revenue Officers.
182-A. Power of the Government to dissolve and
reconstitute District Boards on the alteration of
limits of the districts.
[Act No. I of 1956] 11
182-B. Vesting of property, etc., of Boards which have
been dissolved, in reconstituted Board.
CHAPTER XIII.
Notices, Appeals and Procedure relating to
Offences.
183. Service of notices, etc., addressed to individuals.
184. Service of notices on owners or occupiers of
buildings and land.
185. Publication of public and general notices.
186. Defective form of notice; fixation of reasonable
time and consequence of non-compliance.
187. Punishment for disobedience to orders and
notices not punishable under any other section.
188. Board in default of owner or occupier may
execute work and recover expenses. Power to
levy charges on occupier, who may deduct the
same from his rent. Occupiers not to be liable for
more than the amount of rent due.
189. Expenses or costs how determined and
recovered.
190. Bar of appeal.
191. Appeals to Collector against certain orders.
192. Limitation for appeal.
193. Form of appeal and stay of proceedings and of
execution.
194. Decision of Collector in appeal.
195. Powers of revision.
196. Cognizance of offence.
197. Board may prosecute.
12 [Act No. I of 1956]
198. Power to compound offence.
CHAPTER XIV.
Rules and Bye-laws.
199. General provisions regarding rules.
200. Matters as to which rules may be made.
201. Bye-laws.
202. Matters as to which bye-laws may be made.
CHAPTER XV.
Miscellaneous.
203. Power of Government to transfer powers and
functions of Panchayats to Boards and vice-versa.
204. Mode of proof of records.
205. Restrictions on summoning servants of the Board
to produce documents.
206. Power of Board to call for evidence.
207. Powers and duties of police in respect of offences
and assistance to authorities.
208. Power of Board to delegate its powers.
209. Effect of this Act upon the Hyderabad Cattle
Trespass Act V of 1337 Fasli.
210. Repeal and savings.
Schedules.
THE TELANGANA DISTRICT BOARDS ACT, 1955.1
ACT No. 1 OF 1956.
CHAPTER I.
Preliminary.
1. (1) This Act may be called the 2Telangana District
Boards Act, 1955.
(2) It extends to the whole of the State of Hyderabad
except areas legally included within the jurisdiction of
Corporations constituted under the 3[Hyderabad Municipal
Corporation Act, 1950], or of any Cantonment or of any City
Municipal Committee or Town Municipal Committee
constituted under the 4[Hyderabad Municipal and Town
Committees Act, 1951] or of a Mines Board of Health.
(3) It shall come into force on such date as may be
specified by Government by notification in the official
Gazette.
1. The Andhra Pradesh (Telangana Area) District Boards Act, 1955 (Act
1 of 1956) received the assent of the President on the 21st January,
1956. 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 Telangana Adaptation of Laws (No.2) Order, 2016, issued in
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Repealed by Act No.II of 1956.
4. The Municipal and Town Committees Act, 1951 (XXVII of 1951) was
repealed by the section 320 of Hyderabad District Municipalities Act,
1956 (Hyd. Act XVIII of 1956). Act XVIII of 1956 (except Chapter XIV) was
repealed by Act No.6 of 1965.
Short title, extent
and
commencement.
2 [Act No.I of 1956]
2. In this Act unless there is anything repugnant in the
subject or context—
(i) ‘Board’ means a District Board constituted under this
Act;
(ii) ‘building’ includes a house, out-house, shop, stable,
ware-house, workshop, canopy, shed, hut or other
enclosure whether used as a human dwelling or otherwise
and shall include also walls including compound wall and
fencing, verandahs, platforms, plinths, doorsteps and the
like;
(iii) ‘Collector’ means the Collector of the District for
which a Board has been constituted;
(iv) ‘district’ means a revenue district constituted as a
district from time to time under the Land Revenue Act,
1317 F.;
(v) ‘erect or re-erect any building’ includes-
(a) any material alteration or enlargement of any
building,
(b) the conversion by structural alteration into a place
for human habitation of any building not originally
constructed for human habitation,
(c) the conversion of one or more places of human
habitation into a greater number of such places,
(d) the conversion of two or more places of human
habitation into a lesser number of such places,
Definitions.
[Act No.I of 1956] 3
(e) such alteration of a building as effect a change in
its drainage or sanitary arrangements or materially affect its
security,
(f) the addition of any rooms, building, out-houses or
other structures to any building,
(g) conversion by any structural alteration into a place
of religious worship or into a sacred building, any place or
building not originally meant or constructed for such
purpose,
(h) roofing or covering an open space between walls
or buildings as regards the structure which is formed by
roofing or covering such space,
(i) conversion into a stall, shop, warehouse or
godown of any building not originally constructed for use as
such or vice-versa,
(j) construction on a wall adjoining any street or land
not vested in the owner of the wall, of a door opening on
such street or land;
(vi) ‘factory’ means besides a factory as defined in the
Factories Act, 1948, any premises, including the precincts
thereof wherein any industrial manufacturing or trade
process is carried on with the aid of steam, water, oil, gas,
electrical or any other form of power which is mechanically
transmitted and is not generated by human or animal
agency;
(vii) ‘financial year’ means the year beginning on the 1st
day of April or on such date as the Government may by
notification appoint;
4 [Act No.I of 1956]
(viii) ‘Government Servant’ does not include a retired
pensioner;
(ix) ‘Health Officer’ means the Health Officer, if any,
employed by or on behalf of the Board, and if there is no
such officer, the Health Officer of the District;
(x) ‘infectious disease’ means cerebro-spinal fever,
chicken-pox, cholera, diptheria, enteric fever, epidemic
influenza, leprosy, measles, plague, rabies, scarlet fever,
small-pox, tuberculosis, typhus, yaws or any other disease
which the Government may notify in this behalf either
generally throughout the State or in such part or parts
thereof as may be specified in the notification;
(xi) ‘inhabitant’ includes any person ordinarily residing
or carrying on business or owning or occupying immovable
property in any area within the jurisdiction of a Board;
(xii) ‘market’ means a place for the sale of goods or
animals publicly exposed where, ordinarily or periodically, at
least four shops, stalls or sheds are set up or at least ten
animals are brought for sale;
(xiii) ‘member’ means a member of the Board;
(xiv) ‘occupier’ means any person in actual possession
of any land or building or part thereof, and includes an
owner in actual possession, and a tenant or licensee
whether such tenant or licensee is liable to pay rent or not;
(xv) ‘offensive matter’ includes night-soil and other
contents of latrines, cesspools and drains; dung and the
refuse or useless or offensive material thrown out in
consequence of any process of manufacture industry or
trade, putrid and putrifying substances, dirt, house
sweeping spittings, including chewed betel and tobacco,
[Act No.I of 1956] 5
kitchen or stable refuse, broken glass or pottery, debris and
waste paper;
(xvi) ‘offensive trade’ means any trade, business or
industry in which the substances dealt with are or are likely
to become a nuisance;
(xvii) ‘owner’ includes the person for the time being
receiving the rent of any land or building or part thereof,
whether on his own account, or as agent, receiver, or
trustee or who would receive rent if the land or building or
part thereof were let to a tenant;
(xviii) ‘Panchayat’ means a Panchayat established under
5the Hyderabad Village Panchayat Act, 1951;
(xix) ‘prescribed’ means prescribed by the rules made
under this Act;
(xx) ‘President’ means the President of the Board;
(xxi) ‘private market’ means a market other than a public
market or a market established under the 6[Hyderabad
Agricultural Market Act, 1339 F.];
(xxii) ‘public market’ means any market belonging to a
Board or acquired, constructed, maintained or managed by
the Board;
(xxiii) ‘public 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 the health or property of the
5. Repealed by the Hyderabad Gram Panchayats Act, 1956 (Act XVII of
1956).
6. Repealed by Act No.16 of 1966.
6 [Act No.I of 1956]
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;
(xxiv) ‘street’ means any road, footway, square, court,
alley or passage, accessible to the public, whether a
thoroughfare or not;
and shall include every vacant space, notwithstanding
that it may be private property and partly or wholly
obstructed by any gate, post, chain or other barrier, if
houses, shops or other buildings abut thereon, and if it is
used by any person as a means of access to or from any
public place or thoroughfare, whether such persons be
occupiers of such buildings or not, but shall not include any
part of such space which the occupier of any such building
has a right at all hours to prevent all other persons from
using as aforesaid, and shall include also the drains on
either side, and land, whether covered or not by any
pavement, verandah or other erection, which lies on either
side of the roadway up to the boundaries of the adjacent
property, whether that property be private property or
property reserved by Government or by the Board for any
purpose other than a street;
(xxv) ‘tax’ includes any toll, rate, cess, fee or other
impost leviable under this Act;
(xxvi) ‘vehicle’ includes a bicycle, tricycle, motor car,
and every wheeled conveyance which is used or is capable
of being used on a public street;
(xxvii) ‘Vice-President’ means the Vice-President of the
Board;
[Act No.I of 1956] 7
(xxviii)) the words used but not defined in this Act shall
have the meanings assigned to them in the Land Revenue
Act of 1317 Fasli.
3. (1) If the circumstances of any district or part of the
district are such that, in the opinion of the Government, it is
inexpedient to apply any of the provisions of this Act thereto,
the Government may by notification except the area from
the operation of those provisions and thereafter the said
provisions shall not apply to the area until applied thereto by
notification.
(2) While such exception remains in force, the
Government may make rules to regulate in the said area the
matters excepted from the operation of the said provisions.
CHAPTER II.
CONSTITUTION OF BOARDS.
4. (1) Subject to the provisions of section 3 there shaIl be
constituted under this Act for each district a Board having
authority under this Act over such district.
(2) Such Board shall come into existence from such
date as the Government may notify in this behalf and the
notification shall specify the name of the Board as the
District Board of the District for which it has been
constituted.
5. Every Board shall be a body coporate known by the
name specified in the notification issued under sub-section
(2) of section 4 and shall have perpetual succession and a
common seal, and subject to any restrictions or
qualifications imposed by or under this Act or any other
enactment for the time being in force, shall be vested with
the capacity of suing or being sued in its corporate name, of
acquiring, holding and transferring property, movable or
Power to except
areas from the
provisions of this
Act.
Establishment of
Boards.
Board to be
deemed to be a
corporate body.
8 [Act No.I of 1956]
immovable, of entering into contracts and of doing all things
necessary, proper and expedient for the purposes for which
it is constituted.
6. (1) A Board shall consist of such number of elected
members, subject to a maximum of 48 and a minimum of
16, as the Government shall by notffication in the official
Gazette declare for each district including a President and a
Vice-President elected by the Board from amongst its
members. Provided that the number of members to be
allotted to each district shall be so determined as to ensure
that there shall be not less than one member for every
30,000 of the population and not more than one member for
every 20,000 of the population.
(2) At least four of such members shall belong to the
Scheduled Castes and Scheduled Tribes, if any, as defined
in clauses 24 and 25 of Article 366 of the Constitution of
India.
(3) The determination of the seats for the Scheduled
Castes and Scheduled Tribes shall, so far as may be, be
made in proportion to their population in each district, by a
notified order made by the Government in this behalf.
7. (1) For the purpose of election of members to a Board,
the Government after consulting the Board shall, by
notification-
(a) divide the district into circles;
(b) determine the circles in which the seats, if any,
reserved under sub-section (2) of section 6 shall be set
apart; and
(c) declare for whom such seats are reserved.
Constitution of
Boards.
Delimitation of
Constituencies
and determination
of number of
members.
[Act No.I of 1956] 9
(2) Each circle shall be deemed to be a Constituency.
(3) Each of the circles shall return only one member
except the circles referred to in clause (b) of sub-section (1)
which shall, in addition to the member for such reserved
seat, return one more member for the non-reserved seat.
The number of members for each of the circles, shall be
notified by the Government.
(4) All the voters of a circle irrespective of their
community or sex, shall be entitled to vote at an election to
any seat in that circle whether reserved or not.
(5) When issuing under sub-section (1) a notification
which materially alters the existing division of a district into
circles, the Government shall direct that the alteration shall
take effect from the date of the next ordinary elections.
(6) When the number of members to be returned by a
circle is altered or when a new circle is formed or when an
existing circle is abolished, the Government shall, after
consulting the Board, determine—
(a) the circle which each member then on the Board
shall be deemed to represent; and
(b) the circle or circles in which elections shall be
held to fill up the vacancies, if any, in the Board:
Provided that for the purpose of the first election after
the commencement of this Act, the division of the district
into circles and the allotment of seats to each circle shall be
made subject to the approval of the Government by the
Collector of the district concerned.
8. (1) Unless disqualified under this Act, or under any other
law for the time being in force, every person who-
Qualification of
voters.
10 [Act No.I of 1956]
(a) is a citizen of India;
(b) has attained the age of 21 years on the 1st day of
March of the year in which the list of voters is prepared; and
(c) has the requisite residence or taxation
qualification,
shall subject to the provisions of sub-section (4), be entitled
to have his name entered in the list of voters for a
constituency:
Provided that no such person who has been
adjudged by a competent Court to be of unsound mind
shall be entitled to have his name entered in such list.
(2) A person shall be deemed to have the requisite
residence qualification if he has ordinarily resided in a
dwelling in the constituency for an aggregate period of not
less than one hundred and eighty days in the year
immediately preceding the first day of January of the year
for which the list of voters is prepared:
Provided that a person who is an inmate or a patient in
any prison, lunatic asylum, hospital or any other similar
institutions shall not by reason thereof be deemed to have
used such Institution as a dwelling for the purposes of this
sub-section.
(3) A person shall be deemed to have the requisite
taxation qualification if he was assessed to local cess or to
the tax imposed under section 138 by a Board in the
financial year immediately preceding that in which the list is
prepared.
(4) A person who possess the requisite residence
qualification under this section shall not by reason of such
[Act No.I of 1956] 11
qualification, be entitled to have his name entered in the list
for a constituency, if the place of residence of such person
during the period referred to in sub-section (2) is within the
limits of a Municipal Corporation or a City or Town
Municipality, or a Cantonment or a Mines Board of Health
comprised in such constituency, unless such person
possesses the requisite taxation qualification.
9. (1) For each constituency of the Board within his district,
the Collector shall cause to be prepared and kept a list of
the persons qualified to vote in such constituency.
(2) The list of voters first prepared under this Act shall
come into force immediately upon its final publication in
accordance with the rules made under this Act and shall
remain in force until the 30th day of September next, and
every list of voters subsequently prepared under this Act
shall come into force on the 1st day of October of the year
for which the list is being prepared and shall remain in force
until the 30th day of September next following.
(3) If for any reason the list of voters for any
constituency is in any year not finally published in the
prescribed manner before the 1st day of October, then, until
the day on which it is so published, the list of voters which
was in force immediately before the said 1st day of October
shall continue in force as the list of voters for that
constituency.
(4) A person shall not be entitled to vote at an election
unless he is enrolled in the list of voters at the time in
operation for the constituency for which the election is held.
10. If a person possesses qualifications to vote in more than
one constituency, he shall within a prescribed time declare
the constituency in which he proposes to vote and in the
event of his failure to make such declaration within the
Preparation of list
of voters and
period of
operation of the
list.
Effect of
possessing
qualification in
more than one
constituency.
12 [Act No.I of 1956]
prescribed time, he shall be entitled to vote only in anyone
of the constituencies.
11. (1) The first general election after the coming into force
of this Act for the purposes of this Act shall be held by the
Collector on such day or days as the Government shall fix in
this behalf.
(2) Every subsequent general election for the purposes
of this Act shall be held by the Collector within three months
before the expiry of the term of office of the members of the
Board as specified in section 34, on such day or days, as
the Government shall fix in this behalf.
(3) Any vacancy in the office of a member of a Board
shall be filled at a by-election which shall be fixed by
Government to take place, as soon as may be, after the
occurrence of the vacancy:
Provided that no by-election shall be held to fill a
vacancy occurring within three months before the ordinary
date of retirement of the members.
12. Any person who has been convicted under section
171-E or 171-F of the Indian Penal Code, or has been
disqualified from exercising any electoral right for a period of
not less than six years on account of illegal or corrupt
practices in connection with an election, shall, for four years
from the date of such conviction or disqualification, be
disqualified from voting at an election to or being a member
of a Board.
13. (1) Subject to the provisions of this Act, a person who is
enrolled in the list of voters of any constituency within a
district, shall be qualified to be elected as a member for any
of the constituencies in the district.
Elections when to
be held.
Disqualification for
corrupt practice.
Qualification for
being elected as a
member.
[Act No.I of 1956] 13
(2) Any person who ceases to be a member shall, if
qualified under sub-section (1), and not otherwise
disqualified, be eligible for re-election as such.
14. (1) Subject to the provisions of this Act, a person shall
be disqualified for being elected as a member of a Board if
such person at the date of election-
(a) is one who has been sentenced by any Court to
imprisonment or whipping for an offence involving moral
turpitude and punishable with imprisonment for a term
exceeding six months or to transportation, such sentence
not having been subsequently reversed or quashed, or to
death, such sentence having been subsequently commuted
or altered to transportation or imprisonment:
Provided that on the expiry of such sentence, the dis-
qualification incurred under this clause shall cease;
(b) is of unsound mind, a deaf-mute or a leper;
(c) holds any office or place of profit under
Government or under the Board or under any local
authority;
(d) is an undischarged insolvent;
(e) holds any judicial office with jurisdiction within the
limits of the Board;
(f) is employed as paid legal practitioner on behalf of
the Board, or as legal practitioner against the Board;
(g) having been a legal practitioner, has been
dismissed or is under suspension by order of a competent
court, the disqualification in the latter case being operative
during the period of suspension;
Disqualification for
being elected as a
member.
14 [Act No.I of 1956]
(h) subject to the provisions of sub-section (2) has
directly or indirectly by himself or his partner or if he belongs
to a joint Hindu family, by any member of such family, any
share or interest in any contract (except as a shareholder
other than a Director in a company) or has employment
with, by or on behalf of the board;
(i) has been dismissed from the service of the
Government, Board or any local authority for misconduct
and has been declared by a competent authority to be not
eligible for further employment in public service;
(j) having been nominated as a candidate for the
Board or having acted as an election agent of any person so
nominated has failed to lodge a return of election expenses
within the time and in the manner prescribed unless five
years have elapsed from the date by which it ought to have
been lodged or the Government have removed the
disqualification.
(2) A person shall not be deemed to have incurred
disqualification under clause (h) of sub-section (1) by
reason only of his-
(a) receiving a pension from the Board;
(b) having any share or interest in;
(i) any lease, sale, exchange or purchase of land or
any agreement for the same;
(ii) any agreement for the loan of money or any
security for the payment of money only;
(iii) any newspaper in which any advertisement
relating to the affairs of the Board is inserted;
[Act No.I of 1956] 15
(iv) any Joint Stock Company or any Society
registered or deemed to be registered under the
7[Hyderabad Co-operative Societies Act, 1952], which shall
contract with or be employed by the President or executive
officer on behalf of the Board;
(v) the occasional sale to the President or Executive
officer on behalf of the Board of any article in which he
regularly trades of a value not exceeding in the aggregate in
any one financial year one thousand rupees;
(vi) the occasional letting out on hire to the Board
or hiring from the Board of any article for an amount not
exceeding in the aggregate in any one financial year, five
hundred rupees;
(c) occupying as a tenant for the purpose of
residence any premises belonging to the Board.
15. (1) An appeal shall lie to the District Judge of the District
in which the area of Board is situated as herein provided
from any decision of a Returning Officer accepting or
rejecting a nomination paper.
(2) Any candidate aggrieved by a decision of the
Returning Officer accepting or rejecting a nomination paper
may present an appeal therefrom to the District Judge within
a period of seven days from the date of publication of the list
of validly nominated candidates:
Provided that such candidate has, not later than
3 O’clock in the afternoon of the day next following the said
date, given the Returning Officer a notice in writing of his
intention to appeal under this section.
7. Repealed by Act No.7 of 1964.
Appeals from
decisions of
Returning
Officers.
16 [Act No.I of 1956]
(3) If one or more notices has or have been received in
accordance with the proviso to sub-section (2), the
Returning Officer shall, immediately, after the expiry of the
time mentioned in that proviso-
(a) publish the notices by affixing to his notice Board
one copy of each of the notices together with an intimation
in the prescribed form that the hearing of the appeals, if any,
presented in pursuance of those notices will commence
before the District Judge on the tenth day after the date of
such publication; and
(b) send to the District Judge a copy of each of the
notices, the intimation referred to in clause (a) and the list of
validly nominated candidates.
(4) The Returning Officer shall, on application made by
or on behalf of a candidate, supply forthwith to the applicant
a copy of the decision accepting or rejecting a nomination
paper together with the statement of reasons, recorded by
him.
(5) In every appeal under this section, the appellant
shall join as respondents all the candidates (other than
himself) whose nominations have been accepted by the
Returning Officer.
(6) The intimation affixed to the notice board of the
Returning Officer under clause (a) of sub-section (3) shall be
deemed to be sufficient notice, both of the presentation of
an appeal under this section and of the date on which the
hearing thereof shall commence before the District Judge,
and it shall not be necessary to give any other notice to the
appellants or the respondents and the appeal or appeals
shall be deemed to have been fixed for pre-emptory hearing
on the said date.
[Act No.I of 1956] 17
(7) Every appeal under this section shall be heard de
die in diem and disposed of by the District Judge as
expeditiously as possible, and his decision shall be
communicated forthwith to the Returning Officer.
(8) Where one or more notices of intention to appeal
has or have been given to the Returning Officer, but no
appeal is presented within the period specified in
sub-section (2) the District Judge shall immediately intimate
that fact to the Returning Officer in the prescribed form.
(9) In every case where one or more notices of intention
to appeal has or have been given to the Returning Officer,
he shall, upon receipt of the communications of the District
Judge referred to in sub-sections (7) and (8) republish by
affixing to his notice board the list of validly nominated
candidates after revising it, if necessary, in conformity with
the decisions of the District Judge.
(10) The decision of the District Judge on appeal under
this section, and subject only to such decision the decision
of the Returning Officer accepting or rejecting the
nomination of a candidate shall be final and conclusive and
shall not be called in quesion in any court or tribunal,
including the Election Tribunal.
16. (1) Subject to the provisions of section 18, a member of
a Board shall cease to be a member if he-
(a) is or becomes subject to any of the
disqualifications specified in section 14;
(b) accepts employment under or becomes the
official subordinate of any other member;
(c) ceases to reside in the district;
Disqualification for
continuing as
member.
18 [Act No.I of 1956]
(d) fails to pay arrears of any kind due by him
(otherwise than in a fiduciary capacity) to the Board, within
three months from the date of service of a Bill or notice or if
no bill or notice is required to be served under this Act,
within three months from date of service of a notice
requiring payment thereof issued by the President, or
Executive Officer (which it shall be their duty to issue and
cause to be served at the earliest convenient date);
(e) absents himself at more than three consecutive
meetings of the Board unless leave so to absent himself
(which shall not exceed six months) had been granted by
the Board or absents himself for over six consecutive
months from meetings of the Board:
Provided that no meeting from which a member
absents himself shall be counted against him under this
clause, if due notice of that meeting was not given to him.
Explanation.— A meeting held upon request under
sub-section (2) of section 49 and a special meeting called
under the said sub-section shall not be deemed to be a
meeting within the meaning of this clause.
(2) Where a person ceases to be a member under
clause (e) of sub-section (1), the President shall at once
intimate the fact in writing to such person and report the
same to the Board at its next meeting. If such person
applies for restoration to the Board on or before the date of
its next meeting or within fifteen days of the receipt by him
of such intimation, whichever is later, the Board may at the
meeting next after the receipt of such application or suo
motu at the said meeting restore him to his office as
member:
Provided that a member shall not be so restored more
than twice during his term of office.
[Act No.I of 1956] 19
17. (1) If a person is elected by more than one constituency,
he shall by notice in writing, signed by him and delivered to
the Collector within the prescribed time, choose any one of
the constituencies which he shall serve and the choice shall
be final.
(2) When any such choice has been made, the
constituency or constituencies other than the constituency
which such person has chosen to serve shall be called upon
to elect another person or persons.
(3) If the candidate does not make the choice referred to
in sub-section (1) of this section, the election of such person
shall be void and all constituencies concerned shall be
called upon to elect another person or persons.
18. (1) Whenever it is alleged that any person who has been
elected as member of a Board is disqualified under section
12, sub-section (1) of section 13, or section 16 and such
person does not admit the allegation or whenever any
member is himself in doubt whether or not he has become
disqualified for office under section 12, sub-section (1) of
section 13 or section 16 such member or any other member
may, and the President at the request of the Board shall
refer the matter for decision to the Election Tribunal
appointed under section 23.
(2) The said tribunal after making such inquiry as it
deems necessary, shall determine whether or not such
person is disqualified under sections 12, 13 or 16 and its
decision shall be final.
(3) Pending such decision the member shall be entitled
to act as if he were not disqualified.
19. The names of all members finally elected to any Board
as well as the names of nominated members, if any,
Prohibition of
simultaneous
representation.
Reference to the
Election Tribunal.
Publication of the
names in the
Official Gazette.
20 [Act No.I of 1956]
appointed thereto, shall be forthwith published in the Official
Gazette.
20. No election shall be called in question except by an
election petition which shall contain such matters, claim
such relief and be presented in such manner as may be
prescribed.
21. An election petition calling in question any election may
be presented on one or more of the grounds specified in
sub-sections (1) and (2) of section 27 and section 28 to the
Election Tribunal by any candidate at such election or any
voter in such form and within such time but not earlier than
the date of publication of the names of the elected members
under section 19 as may be prescribed.
22. A petitioner shall join as respondents to his petition all
the candidates who were duly nominated at the election
other than himself if he was so nominated.
23. The Government shall appoint an Election Tribunal for
trial of petitions in respect of an election under this Act,
consisting of three persons who are or have been or are
eligible to be appointed Judges of the High Court. The
Election Tribunal shall deal with such petitions and
proceedings in connection therewith in the prescribed
manner.
24. The Tribunal shall have the powers which are vested in
a court under the Code of Civil Procedure, 1908, when
trying a suit in respect of the following matters:—
(a) discovery and inspection;
(b) enforcing the attendance of witnesses; and requiring
the deposit of their expenses;
Election petition.
Presentation of
petitions.
Parties to the
petition.
Appointment of
Election Tribunal.
Powers of the
Tribunal.
[Act No.I of 1956] 21
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit; and
(g) issuing commissions for the examination of
witnesses;
and may summon and examine suo motu any person
whose evidence appears to it to be material; and shall be
deemed to be a civil court within the meaning of sections
480 and 482 of the Code of Criminal Procedure, 1898.
25. At the conclusion of the trial of an election petition, the
Tribunal shall make an order-
(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to
be void; or
(c) declaring the election of the returned candidate to be
void and the petitioner or any other candidate to have been
duly elected; or
(d) declaring the election to be wholly void.
26. (1) At the time of making an order under section 25 the
Tribunal shall also make an order-
(a) Where any charge is made in the petition of any
corrupt or illegal practice having been committed at the
election, recording-
Decision of the
Tribunal.
Other orders to be
made by the
Tribunal.
22 [Act No.I of 1956]
(i) a finding whether any corrupt or illegal practice
has or has not been proved to have been committed by, or
with the connivance of, any candidate or his agent at the
election, and the nature of that corrupt or illegal practice;
and
(ii) the names of all persons, if any, who have been
proved at the trial to have been guilty of any corrupt or
illegal practice and the nature of that practice, together with
any such recommendations as the Tribunal may think
proper to make for the exemption of any persons from any
disqualifications which they may have incurred in this
connection under rules made under section 200; and
(b) fixing the total amount of costs payable and
specifying the persons by and to whom the costs shall be
paid:
Provided that no person shall be named in the order
under sub-clause (ii) of clause (a) unless:-
(a) he has been given notice to appear before the
Tribunal and to show cause why he should not be so
named; and
(b) if he appears in pursuance of the notice, he has
been given an opportunity of cross-examining any witness
who has already been examined by the Tribunal and has
given evidence against him, of calling evidence in his
defence and of being heard.
(2) Any order as to costs under clause (b) of sub-section
(1) may include a directon for the payment of costs to the
Advocate General or Government Pleader or any other
Pleader.
[Act No.I of 1956] 23
27. (1) If the Tribunal is of opinion-
(a) that the election has not been a free election by
reason that the corrupt practice of bribery or of undue
influence has extensively prevailed at the election; or
(b) that the election has not been a free election by
reason that coercion or intimidation has been exercised or
resorted to by any particular community, group or section
on another community, group or section, to vote or not to
vote in any particular way at the election; the Tribunal shall
declare the election to be wholly void.
Explanation.— In clause (b) of this sub-section, the
expression ‘coercion’ or ‘intimidation’ means any
interference or attempt to interfere by whatever means with
the free exercise of the right to vote or refrain from voting at
an election, and includes a social or economic boycott of
members of a community, group or section, or threat of
such boycott, with intent to interfere with the free exercise of
such right by those members.
(2) Subject to the provisions of sub-section (3) If the
Tribunal is of opinion-
(a) that the election of a returned candidate has been
procured or induced, or the result of the election has been
materially affected, by any corrupt or illegal practice; or
(b) that any corrupt practice specified in the rules
made under section 200 has been committed by a returned
candidate or his agent or by any other person with the
connivance of a returned candidate or his agent; or
(c) that the result of the election has been materially
affected by the improper reception of any vote which is void,
or by any non-compliance with the provisions of the
Grounds for
declaring election
to be void.
24 [Act No.I of 1956]
Constitution or of this Act or of any rules or orders made
under this Act or of any other Act or rules relating to the
election, or by any mistake in the use of any prescribed
form;
the Tribunal shall declare the election of the returned
candidate to be void.
(3) If in the opinion of the Tribunal, a returned candidate
has been guilty by an agent other than his election agent, of
any corrupt practice but the Tribunal is satisfied-
(a) that no such corrupt practice was committed at
the election by the candidate or his election agent, and
every such corrupt practice was committed contrary to the
orders, and without the sanction or connivance, of the
candidate or his election agent;
(b) that all such corrupt practices were of a trivial and
limited character or took the form of customary hospitality
which did not affect the result of the election;
(c) that the candidate and his election agent took all
reasonable means for preventing the commission of corrupt
or illegal practices at the election; and
(d) that in all other respects the election was free from
any corrupt or illegal practice on the part of the candidate or
any of his agents;
then the Tribunal may decide that the election of the
returned candidate is not void.
28. If any person who has lodged a petition has, in addition
to calling in question the election of the returned candidate,
claimed a declaration that he himself or any other candidate
has been duly elected and the Tribunal is of opinion—
Grounds for which
a candidate other
than the returned
candidate may be
declared to have
been elected.
[Act No.I of 1956] 25
(a) that in fact the petitioner or such other candidate
received a majority of the valid votes; or
(b) that but for the votes obtained by the returned
candidate by corrupt or illegal practices the petitioner or
such other candidate would have obtained a majority of the
valid votes, the Tribunal shall after declaring the election of
the returned candidate to be void, declare the petitioner or
such other candidate, as the case may be, to have been
duly elected.
29. If during the trial of an election petition it appears that
there is an equality of votes between candidates at the
election and that the addition of a vote would entitle any of
those candidates to be declared eletcted, then-
(a) any decision made by the Returning Officer, under
the provisions of this Act, shall, in so far as it determines the
question between those candidates, be effective also for the
purposes of the petition; and
(b) in so far as that question is not determined by such a
decision, the Tribunal shall decide between them by lot and
proceed as if the one on whom the lot then falls had
received an additional vote.
30. The Tribunal shall, after announcing the orders made
under sections 25 and 26 send a copy thereof along with
the records of the case to the Collector.
31. If during the trial of an election petition there is a
difference of opinion among the members of the Tribunal on
any matter or if at the conclusion of such trial there is a
difference of opinion among them on any question
regarding the orders to be made under sections 25 and 26
Procedure in case
of an equality of
votes.
Communication of
orders to the
Collector and the
transmission of
the records of the
case.
Difference of
opinion among
the Members of
the Tribunal.
26 [Act No.I of 1956]
the opinion of the majority shall prevail, and the orders of
the Tribunal shall be expressed in terms of the views of the
majority.
32. Every order of the Tribunal made under this Act shall be
final and conclusive and shall not be called in question in
any Court or Tribunal.
33. An order of the Tribunal under sections 25 and 26 shall
not take effect until it is published in the Official Gazette.
34. (1) Except as is otherwise provided in this Act, members
shall hold office for a term of three years:
Provided that the Government may, by notification in the
Official Gazette, for sufficient cause which shall be stated
therein, direct that the term of office of the members of any
Board as a whole be extended by such period or periods,
not exceeding one year, as may be specified in the
notification.
(2)(a) The term of office of such members shall be
deemed to commence on the date of the first meeting called
by the Collector under section 36;
(b) The term of office of the outgoing members shall
be deemed to extend to and expire with the day before the
date of such meeting.
35. (1) If at a general election or a bye-election to a Board
held under section 11 no member is elected, a fresh election
shall be held, as soon as may be, on such date as the
Government may fix in this behalf.
(2) If at such fresh election no member is elected, the
Government shall appoint a person or persons to fill the
vacancy or vacancies. The person or persons so appointed
Orders of the
Tribunal to be
final and
conclusive.
Orders to take
effect only on
publication.
Term of office.
Procedure when
no member is
elected.
[Act No.I of 1956] 27
shall be deemed to be elected members for the purpose of
this Act.
(3) The term of office of a member elected or appointed
under this section shall expire at the time at which it would
have expired if he had been elected at the general election
or by-election, as the case may be.
36. (1) The first meeting of the Board shall be called by the
Collector within thirty days from the date of publication of
the names of members in the Official Gazette under section
19 to elect a President and a Vice-President from amongst
the members. The Collector shall preside over such meeting
but shall not be entitled to vote.
(2) If at an election held under sub-section (1), no
President or Vice-President is elected, a fresh election shall
be held within thirty days from the date of the first election.
37. (1) The President or the Vice-President shall be deemed
to have vacated his office-
(a) on the expiry of his term of office as member of
the Board or on his otherwise ceasing to be a member;
(b) on his election as Mayor or Deputy Mayor of a
Municipal Corporation, constituted under the 8[Hyderabad
Municipal Corporation Act, 1950] or President or Vice-
President of a Municipality, constituted under the
Hyderabad Municipal and Town Committees Act, 1951 or
Chairman or Vice-Chairman of a Mines Board of Health;
(c) on his removal from office as such President or
Vice-President by the Government for not commanding the
confidence of the Board, to be evidenced by a resolution of
8. Repealed by Act No.II of 1956.
Election of
President and
Vice-President.
Vacancy in the
office of the
President or Vice-
President.
28 [Act No.I of 1956]
the Board moved in accordance with the procedure
prescribed.
(2) An outgoing President or Vice-President shall, if
otherwise qualified, be eligible for re-election.
38. The President, Vice-President or any member may
resign his office as such President, Vice-President or
member by giving notice in writing to the Board:
Provided that no resignation tendered by the President,
Vice-President or member shall take effect until it has been
accepted by the Board.
39. (1) The Government may, if it thinks fit on a resolution
passed by the Board, remove any member elected or
appointed under this Act, after giving him an opportunity of
being heard and after full satisfaction that such member has
been guilty of misconduct in the discharge of his duties or is
guilty of any disgraceful conduct or has become incapable
of performing his duties as a member:
Provided that two-third of the whole number of members
vote in favour of such resolution.
(2) Any removal of member under sub-section (1) shall
disqualify the person so removed for re-election to the
vacancy caused for the period during which he would have
continued as a member.
40. (1) Any vacancy in the office of the President or the
Vice-President due to death, resignation or removal or
becoming incapable of acting as such or otherwise ceasing
to be a President or Vice-President previous to the expiry of
his term of office, shall be filled by the Board by election of a
person thereto, who shall hold office so long only as the
Resignation of
President or Vice-
President or
Member.
Removal of
members for
misconduct, etc.
Filling up of
casual vacancies.
[Act No.I of 1956] 29
President or the Vice-President in whose place he is elected,
would have held it if the vacancy had not occurred.
(2) Any vacancy in the office of a member due to any of
the causes mentioned in sub-section (1) shall be reported
by the Executive Officer to the Collector. Such vacancy shall
be filled by election of a person thereto, who shall hold
office so long only as the member in whose place he is
elected would have held it if the vacancy had not occurred.
CHAPTER III.
Subordinate Agencies, Committees and Office-Bearers.
41. (1) Every Board shall appoint the following
Committees:—
(i) Standing Committee;
(ii) Public Health Committee;
(iii) Works and Communications Committee;
(iv) Education and Rural Development Committee.
(2) The President shall be a member and the Chairman
of the Standing Committee and the Works and
Communications Committee and the Vice-President shall be
a member and the Chairman of the Public Health Committee
and the Education and Rural Development Committee. The
other members of each Committee shall be elected on the
basis of proportional representation by means of the single
transferable vote. In the absence of the Chairman, the
Committee may appoint any other member to officiate as
Chairman.
(3) The total number of members of each Committee
shall be not more than seven and not less than four.
Board to appoint
Committees.
30 [Act No.I of 1956]
42. (1) The Standing Committee shall frame the budget,
scrutinise proposals for increase of revenue, examine
receipts and expenditure statement, consider all new
proposals affecting finance, generally supervise the revenue
and expenditure of the Board and enunciate policies to be
adopted by the Board before they are submitted to the
Board and shall also exercise such other powers as may be
delegated to it by the Board.
(2) The Public Health Committee shall perform such
duties and exercise such powers of the Board as may be
delegated to it by the Board in regard to matters of public
health and sanitation and shall give effect to the provisions
of this Act and the rules framed thereunder and may
delegate any of its duties and powers to any member or
officer of the Board. Such member or officer shall conform
to any instructions that may, from time to time, be given by
the Board. The committee may at any time withdraw any of
the duties or powers so delegated.
(3) The Works and Communications Committee shall lay
out proposals of works to be undertaken by the Board and
perform such other functions as may be delegated to it by
the Board.
(4) The Education and Rural Development Committee
shall lay out proposals on matters relating to construction of
Primary School buildings and other equipment and rural
development and perform such other functions as may be
delegated to it by the Board.
43. (1) The Board may from time to time, appoint out of its
own body such Sub-Committees consisting of such number
of members as it may deem necessary and may refer to
such Sub-Committees for enquiry and report or for opinion
such other matters relating to the purposes of this Act as it
Functions of
Committees.
Sub-Committees.
[Act No.I of 1956] 31
shall think proper and direct that the report of any such
Sub-Committees shall be submitted to the Board.
(2) A Sub-Committee may, from time to time, by a
resolution supported by not less than one half of its
members co-opt for the transaction of any particular
business, as members, any persons who are not members
of the Sub-Committee.
(3) Co-opted members shall not have the right to vote
and shall be liable to be removed by the Sub-Committees
by a resolution supported by not less than one half of its
members.
44. (1) A Board may, with the sanction of the Government,
from time to time, concur with any other Board or with any
Muncipality, Local Authority or Cantonment or with more
than one such Board, Municipality, Cantonment or local
authority-
(a) in appointing out of their respective bodies a Joint
Committee for any purpose in which they are jointly
interested and in appointing a Chairman of such Committee;
(b) in delegating to any such Committee power to
frame terms binding on each such body as to the
construction and future maintenance of any joint work and
any power which might be exercised by either or any of
such bodies; and
(c) in framing rules for regulating the proceedings of
any such Committee and the conduct of correspondence
relating to the purposes for which it was appointed:
Provided that the rules framed under this clause shall
not be enforced unless they have been confirmed by the
Government.
Joint Committees.
32 [Act No.I of 1956]
(2) A Board may, from time to time, subject to the
sanction of Government, enter into an agreement with any
other Board, Municipality, Cantonment, local authority or
any other Committee, for the levy of any tax or taxes jointly
instead of separately and the apportionment of the
proceeds of such taxes.
(3) If any difference of opinion arises between the local
bodies in respect of any matter arising out of such action,
the decision thereupon of the Government or of such officer
as may be appointed by Government in this behalf, shall be
final:
Provided that where one of the local bodies is a
cantonment authority, the decision of the Government or of
the officer, shall be subject to the concurrence of the Central
Government.
45. (1) The President shall-
(a) preside at the meetings of the Board;
(b) watch over the financial and executive
administration of the Board and submit to the Board all
questions connected therewith which shall appear to him to
require its orders;
(c) exercise supervision and control over the acts and
proceedings of all officers and servants of the Board in
matters of executive administration and in matters
concerning the accounts and records of the Board;
(d) furnish to the Collector or to such officer as the
Government may, from time to time, nominate in this behalf,
a copy of every resolution passed at every meeting of the
Board and any extract from the minutes of the proceedings
of the Board or other document or thing which the Collector
Functions and
emergency
powers of
President.
[Act No.I of 1956] 33
or the other officer duly authorised by the Government may,
from time to time, call for; and
(e) discharge such other functions and exercise such
other powers as may be imposed or conferred upon him by
this Act or any other law or by any rules or bye-laws made
under this Act or any other law.
(2) The President may, in cases of emergency direct the
execution or stoppage of any work or the doing of any act
which requires the sanction of the Board, and the immediate
execution, stoppage or doing of which, is, in his opinion,
necessary for the service or safety of the public, and may
direct that the expenses of executing such work or doing
such as be paid from the District Fund:
Provided that,-
(a) he shall not act under this section in contravention
of any order of the Board prohibiting the execution of any
particular work or of any particular act, and
(b) he shall report forthwith the action taken under
this section and the reasons therefor to the Board at its next
meeting.
46. The Vice-President shall-
(a) in the absence of the President preside at the
meetings of the Board;
(b) exercise such of the powers and perform such of the
duties of the President as the President, from time to time,
may delegate to him; and
Functions of the
Vice-President.
34 [Act No.I of 1956]
(c) pending the election of a President, or during the
absence of the President on leave, exercise the powers and
perform the duties of the President.
47. (1) Every President or Vice-President, who for a period
exceeding three months absents himself from the district for
which the Board is established, in such manner as to be
unable to perform his duties as such President or Vice-
President, shall cease to be the President or Vice-president
as the case may be, unless leave so to absent himself has
been granted in the case of the President by the Board or in
the case of a Vice-President by the President.
(2) Leave under sub-section (1) shall not be granted for
a period exceeding six months. Whenever leave is granted
to a President or Vice-President thereunder, the Board shall
elect one of its members to exercise all the powers and
perform all the duties of a Vice-President who is exercising
the powers and performing the duties of the President or
who is absent on leave during the period for which such
leave is granted.
48. (1) Every Board shall have an Executive Officer
appointed by Government.
(2) The resolutions of a Board shall be carried into effect
by the Executive Officer in whom shall vest the executive
powers of the Board.
(3) Except as otherwise provided in this Act the
Executive Officer shall have the power to—
(i) convene meetings of the Board and maintain the
minutes of the proceedings thereof;
(ii) receive, recover and credit to the District Fund any
sum due or tendered to the Board;
Consequence of
absence of
President or Vice-
President without
leave.
Executive powers
vested in the
Executive Officer
of the Board.
[Act No.I of 1956] 35
(iii) grant, refuse, suspend or withdraw all licences
except licences for markets;
(iv) appoint, grant leave of absence to, suspend,
punish or dismiss servants of the Board whose monthly
salary does not exceed Rs. 30;
(v) present bills for taxes or other dues;
(vi) cause notices of demand to be served;
(vii) prefer complaints in prosecution by the Board
and initiate or conduct proceedings, civil or criminal or
otherwise, on behalf of the Board;
(viii) participate in the meetings of the Board but not
to vote or move any motion;
(ix) exercise supervision and control over the acts of
all the officers and servants of the Board in matters of
executive administration and in matters relating to accounts
and records of the Board;
(x) exercise any other power delegated to him by the
Board.
CHAPTER IV.
Conduct of Business.
49. (1) A Board shall meet not less than once in every two
months at such time and place as the President may
determine.
(2) The President shall fix the dates for the meetings
hereinbefore specified and may, whenever he thinks fit, and
shall, upon the written request of not less than one-fourth of
the whole number of members and for a date within
Meetings of
Board.
36 [Act No.I of 1956]
twenty-one days from the date of receipt of such request,
call a special meeting.
50. Fifteen clear days’ notice of an ordinary meeting and
eight clear days’ notice of a special meeting specifying the
time and place at which such meeting is to be held and the
business to be transacted thereat, shall be given to the
members and posted at the Board’s Office. Such notice
shall include in the case of a special meeting any motion or
proposition mentioned in any written request made for such
meeting.
51. If less than one-third of the whole number of members is
present at a meeting, the presiding authority shall adjourn
the meeting to such time on the following day or some other
future day as he may fix. A notice of the meeting so fixed
shall be posted in the Board’s Office. The business which
could not be considered at the meeting so postponed for
want of a quorum shall be brought before and disposed of
at the meeting so fixed or at any subsequent adjourned
meeting irrespective of whether there be a quorum or not.
52. Every meeting shall be open to the public unless the
presiding authority deems any enquiry or deliberation
before the Board to be such that it should be held in
camera. The presiding authority may at any time cause any
person to be removed who interrupts the proceedings.
53. All questions shall be decided by a majority of votes of
the members present and voting, the presiding authority
having a casting vote in all cases of equality of votes.
54. (1) Except with the permission of the presiding authority
which permission shall not be given in the case of a motion
or proposition to modify or cancel a resolution within three
months after the passing thereof, no business shall be
transacted and no proposition shall be discussed at any
Notice of
meetings.
Quorum.
Meetings open to
public.
Decisions how
arrived at.
Bar of transaction
of business.
[Act No.I of 1956] 37
ordinay meeting unless it has been entered in the notice
convening such meeting or in the case of a special meeting,
in the written request for such meeting. The order in which
any business or proposition shall be brought forward at
such meeting shall be determined by the presiding
authority, who in case it is proposed by any member to give
priority to any particular item of such business or to any
particular proposition shall put the proposal to the meeting
and be guided by the majority of votes given for or against
the proposal.
(2) Any meeting may be postponed from time to time
with the consent of a majority of the members present but
no fresh business shall be taken up for consideration at the
next ensuing meeting until the business left undisposed of
at the last meeting has been disposed of.
55. No resolution of the Board shall be modified or
cancelled within three months after the passing thereof,
except by a resolution supported by more than one-half of
the whole number of members and passed at such meeting
the notice of which has been given fulfilling the requirements
of section 50 and setting forth fully the resolution which it is
proposed to modify or cancel at such meeting and the
motion or proposition for the modification or cancellation of
such resolution.
56. (1) Every motion or any amendment thereof shall be
received in writing and then duly moved. Every motion shall
be seconded and until seconded, no debate thereon shall
take place nor shall it be put to vote. No amendment which
merely negatives the original motion shall be allowed.
(2) Any motion or amendment may be withdrawn by its
proposer with the consent of the Board.
Bar of modifying
or cancelling the
resolution.
Motions and
amendments.
38 [Act No.I of 1956]
(3) An amendment to an amendment may be moved at
any stage of the debate.
(4) On the conclusion of the debate, in the event of there
being several amendments to an amendment the presiding
authority shall put the last amendment to vote first and after
it is negatived, the next preceding amendment shall be put
to vote and so on until all the amendments are disposed of.
The original motion or the amended motion as the case may
be, shall then be put to vote.
(5) When any motion or amendment involves many
points, the presiding authority may divide it and put each
point to vote separately.
(6) When a motion or amendment has been put to vote
and declared by the presiding authority as carried no further
proposals for amending the motion or amendment shall be
entertained.
57. At ordinary meetings business shall be conducted in the
following order :-
(a) The minutes of the previous ordinary meeting and of
any special meeting held since shall be read and it
approved by the majority of the members shall be
confirmed;
(b) business postponed at the previous meeting shall be
considered;
(c) subjects noted on the agenda shall be considered in
such order as the presiding authority may determine.
Conduct of
ordinary
meetings.
[Act No.I of 1956] 39
58. A member may propose any resolution connected with
or incidental to the subjects included in the list of business,
or with the consent of the majority of the members present a
resolution on any matter not so included.
59. (1) The presiding authority of the meeting shall preserve
order. All points of orders shall be decided by him with or
without discussion, as he may deem fit, and his decision
shall be final.
(2) The presiding authority may direct any member
whose conduct is in his opinion, disorderly, to withdraw
immediately from the meeting of the Board and any member
so ordered to withdraw shall do so forthwith and shall
absent himself during the remainder of the-day’s meeting:
Provided that the presidnig authority may withdraw such
order on receiving any apology from the member or without
such apology.
(3) The presiding authority may, in the case of grave
disorder arising in any meeting, suspend the meeting for a
period not exceeding three days.
(4) If any person, who has been ordered to withdraw,
unlawfully remains in the meeting, the presiding authority
may take such steps, as he may deem fit, to cause him to
be removed.
(5) Any question of procedure not herein provided for,
shall be decided by a majority of the members present and
voting.
60. (1) No member of a Board or a Committee or Sub-
Committee thereof or a Joint Committee shall vote on or
take part in the decision of any question coming up for
consideration at a meeting of the Board or Committee, if the
Moving of
Resolution.
Preservation of
order.
Members when to
abstain from
voting or taking
part in decision.
40 [Act No.I of 1956]
question is one in which, apart from its general application
to the public, he has by himself or his partner any direct or
indirect pecuniary interest.
(2) The presiding authority may, on his own motion or
on the motion of any member present, prohibit member
from voting or taking part in a discussion on any matter in
which he believes such member to have such interest, or
require such member to absent himself during the
discussion.
(3) Such member may challenge the decision of the
presiding authority who shall thereupon put the question to
the meeting. The decision of the meeting shall be final.
61. Minutes of every meeting of the Board, Committee, or
Sub-Committee shall be recorded in a minute book
specifying the names of the persons present at the meeting.
The Board shall confirm the minutes at the next ensuing
meeting. The minute book shall during office hours be open
to inspection by any member or any inhabitant of the
district.
62. (1) If in an emergency, the President finds it difficult to
convene a meeting, he may circulate a written proposition of
his own or of any other member for the observations and the
votes of the members of the Board.
(2) The dceision of any proposition so circulated shall
be in accordance with the majority of votes of the members
who thus vote upon it.
(3) Every decision arrived at by the Board under this
section shall be recorded in the minute book and the
minutes confirmed at the next meeting of the Board.
Minutes.
Circulation of
proposals when
meeting cannot
be convened.
[Act No.I of 1956] 41
63. (1) Any member may call the attention of the President
to any neglect in the execution of the work of the Board, to
any waste of property of the Board or to the wants of any
locality within the district and suggest any improvements
which may appear desirable.
(2) Every member shall have the right to interpellate the
President on matters connected with the administration of
the Board subject to such rules as may be prescribed.
64. If it shall appear to the Board that the presence of the
Executive Engineer, the Inspector of Schools, the Civil
Surgeon, the Agricultural Officer, the Veterinary Officer, the
Social Service Officer, the Forest Officer, the Assistant
Registrar of Co-operative Societies, or any officer charged
with any of the duties of these officers in the District, is
desirable at any meeting of the Board or of any Committee
or Sub-Committee thereof, the Board may by letter
addressed to such officer not less than 15 days previous to
the intended meeting require his presence thereat. The said
officer shall, unless his superior officer has any objection
thereto or is prevented by sickness or other reasonable
cause, attend such meeting, but shall not be entitled to vote
thereat.
65. (1) No Act of a Board or of any person acting as
President, Vice-President, Chairman or member thereof
shall be deemed to be invalid by reason only of some defect
in the appointment of such Board or election or appointment
of such President, Vice-President, Chairman or member, or
on the ground that they or any of them were disqualified for
such office or that notice of a meeting of the Board was not
duly given or for any other informality.
(2) Anything done or any proceeding taken under this
Act shall not be questioned on account of any vacancy in a
Board, Committee or Sub-Committee.
Rights of
individual
members.
Certain
Government
Officers to attend
meeting of the
Board.
Vacancy or
irregularities not
to invalidate the
proceedings.
42 [Act No.I of 1956]
CHAPTER V.
Property, Contracts and Liabilities.
66. (1) The Government may, from time to time, direct that
any road, bridge, channel, building or other property,
movable or immovable, which is vested in the Government
and which is situated within a district, shall, with the consent
of the Board of such district, and subject to such
exemptions and conditions as the Government, may make
and impose, be placed under the control and administration
of the Board for the purposes of this Act, and thereupon
such road, bridge, channel, building or other property shall
be under the control and administration of the Board,
subject to all the exceptions and conditions so made and
imposed and to all charges and liabilities affecting the same.
(2) The Government may, from time to time, by
notification in the Official Gazette, resume any property
placed under the control of the Board under sub-section (1),
on such terms as the Government may determine with the
consent of the Board.
67. When any land is required whether within or without the
area subject to the jurisdiction of a Board, for the purposes
of this Act, the Government may on the request of the Board
proceed to acquire it under the provisions of the Hyderabad
Land Acquisition Act, 1309 F., and on payment by the Board
of the compensation awarded under that Act, and of any
other charges incurred by the Government in connection
with the acquisition, the land shall vest in the Board. Such
acquisition shall be deemed to be acquisition for a public
purpose within the meaning of the said Act.
68. (1) The management, control and administration of
every public institution maintained out of the District Fund
shall vest in the Board.
Property vested in
the Board.
Acquisition of land
for Board.
Management of
public institutions.
[Act No.I of 1956] 43
(2) When any public institution has been placed under
the direction, management and control of the Board, all
property, endowments and funds belonging thereto shall be
held by the Board in trust for the purposes to which such
property, endowments and funds were lawfully applicable at
the time when the institution was so placed:
Provided that the extent of the independent authority of
the Board in respect of any such institution may be
prescribed.
69. The Board may, with the sanction of Government,
transfer to the Government any property vested in the Board
under sections 66, 67 or 68 but not so as to effect any trust
or public right subject to which the property is held.
70. Subject to such exceptions as the Government may by
general or special order direct, no Board shall transfer any
immovable property except in pursuance of a resolution
passed at a meeting by majority of not less than two-thirds
of the whole numher of its members and in accordance with
rules made under this Act, and no Board shall transfer any
property which has been vested in it by the Government
except with the sanction of the Government:
Provided that nothing in this section shall apply to
leases of immovable property for a term not exceeding three
years.
71. The Board shall have the power to hold auctions and to
enter into contracts pertaining to such auctions:
Provided that when the period of such contract exceeds
one year but does not exceed three years, the sanction of
the Secretary, Local Government Department and when it
exceeds three years, the sanction of the Government shall
be obtained.
Transfer of
Board’s property
to the
Government.
Auctions.
Other transfers of
Board’s property.
44 [Act No.I of 1956]
72. Nothing contained in this Act shall affect the Local
Authorities Loans Act, 1352 F.
73. (1) The President may, on behalf of the Board enter into
any contract or agreement, the amount or value of which
shall not exceed one thousand rupees, in such manner and
form as according to the law for the time being force, would
bind him if such contract or agreement were on his behalf.
(2) Every other contract or agreement where the amount
or the value of the contract or agreement exceeds rupees
one thousand, shall be in writing and be signed with the
previous approval of the Board by the President and two
other members on behalf of the Board and sealed with the
common seal of the Board.
(3) No contract or agreement not executed as provided
in this section, shall be binding on a Board.
74. (1) No member, officer or servant appointed or
employed under this Act shall in any way be interested
directly or indirectly in any contract made with a Board.
(2) If any such officer or servant is so interested or under
colour of this office or employment accepts any fee or
reward whatsoever other than his proper salary and
allowances, the Board or, in the case of officers whose
appointment is subject to the approval of the Government or
of any Government officer, the Government may declare
that he shall be incapable of holding or continuing in any
office or employment under this Act.
(3) Nothing in this section shall bar a criminal
prosecution under section 75.
Saving of the
Local Authorities
Loans Act, 1352
F.
Mode of making
contracts.
Improper interest
in contracts.
[Act No.I of 1956] 45
Explanation:— A person shall not by reason only of
being a shareholder in, or a member of, any incorporated or
registered company, be deemed to be interested in any
contract entered into between the company and the Board,
but he shall not take part in any proceedings of the Board
relating to any such contract.
75. If, any member, officer or servant of a Board is directly
or indirectly interested in any contract made with such
Board, he shall be deemed to have committed an offence
under section 168 of the Indian Penal Code.
76. No suit shall be maintainable against any Board or any
member, officer or servant thereof or any person acting
under the direction of any such Board, member, officer or
servant in respect of anything lawfully and in good faith and
with due care and attention done under this Act or any rule,
or bye-law made thereunder.
77. No suit shall be instituted against any Board or any
member, officer or servant thereof or any person acting
under the direction of any such Board, member, officer or
servant for anything done or purporting to be done under
this Act, until the expiration of two months next after a notice
in writing, stating the cause of action, the name and place of
abode of the intending plaintiff and the relief which he
claims. Such notice shall be in the case of a Board delivered
or left at its office in the case of any such member, officer,
servant or person as is aforesaid, delivered to him or left at
his office or usual place of abode; and the plaint shall
contain a statement that such notice has been so delivered
or left.
78. (1) If any member, officer or servant of a Board makes
or directs to be made any payment or application of money
or other property belonging to or under the control of such
Board to any purpose not authorised by or under this Act, or
Penalty for
improper interest
in contracts.
Bar of suit in
respect of act
done in good
faith.
Bar of suit in
absence of notice.
Liability for loss,
waste or
misappropriation
of money or
property.
46 [Act No.I of 1956]
assents to, or concurs with or participates in any affirmative
vote or proceeding relating thereto, he shall be individually
liable to such Board for the loss or damage caused thereby,
unless he proves that he acted in good faith and with due
care and attention.
(2) Every member or officer or servant of a Board shall
be liable to such Board for the loss of any money or the loss
of or damage to other property belonging to it or under its
control if such loss or damage is a direct consequence of
his negligence or misconduct.
(3) Notwithstanding anything contained in section 77, a
suit under this section may be instituted by the Government
or the Board with the previous sanction of Government.
79. Subject to rules made under this Act, a Board may
compromise any suit instituted by or against it, or any claim
or demand arising out of any contract entered into by it in
accordance with this Act for such sum of money or other
compensation as shall be deemed sufficient.
CHAPTER VI.
Duties and Powers of Boards.
80. (1) Subject to such rules as the Government may, from
time to time, prescribe, it shall be the duty of a Board, in
addition to other duties imposed upon it by this Act or by
any other law or order having the force of law for the time
being in force and in so far as the funds at its disposal may
admit, to undertake and make reasonable provision for the
following matters within the Iimits of the area subject to its
authority and not legally included in the authority of the
Government or any other local authority, namely:—
(a) the construction, repair and maintenance of public
roads and other means of communication which are not
Power of Board to
compromise suits.
Duties of Boards.
[Act No.I of 1956] 47
under the control of any other local body or of the
Government;
(b) the planting and preservation of trees by the side
or in the vicinity of roads and on other public grounds in its
control;
(c) the establishment, management and maintenance
of markets other than markets regulated by the 9[Hyderabad
Agricultural Markets Act, 1339 Fasli], travelers’ bungalows,
musafirkhanas, chauris, rest-houses and other public
institutions, and the construction and repair of all buildings
connected with such institutions;
(d) the construction and repair of public tanks, wells
and water works for the supply of water from them and from
other sources and the construction and maintenance of
works for the preservation from pollution of water used for
drinking, cooking and other domestic purposes;
(e) the construction, management and maintenance
of cattle pounds;
(f) the management of such public ferries as may be
entrusted to its charge;
(g) the improvement of villages including the
acquisition of land for the extension of village sites;
(h) the promotion of vaccination;
(i) other measures necessary for the public health
and sanitation including the control of sanitation during an
Urs, Jatra or other fair, festival or public assemblage and
9. Repealed by Act No.16 of 1966.
48 [Act No.I of 1956]
such measures as may be required to prevent the outbreak,
spread or recurrence of infectious disease;
(j) the construction and maintenance of primary
school buildings for boys and girls and the provision of
school equipment and playgrounds;
(k) the maintenance of any building or other property
vested in the Board; and
(l) the printing and publishing of such annual or
periodic reports on the whole or any branch of its
administration as the Government may by general or special
order, require the Board to submit.
(2) No suit for damages or for specific performance shall
be maintainable against any Board or any officer or member
thereof, on the ground that any of the duties specified in
sub-section (1) have not been performed.
81. Subject to such rules as the Government may from time
to time prescribe, it shall be within the discretion of a Board,
in addition to the duties imposed upon it under the
provisions of this Act or any other law for the time being in
force, to undertake and make provision for the following
matters within the limits of its jurisdiction namely:—
(a) the encouragement and development of
Co-operative Societies;
(b) the improvement of cattle and other livestock;
(c) the promotion of agriculture local arts, industries,
commerce and other measures tending to the economic
welfare of villagers;
Discretionary
powers of a
Board.
[Act No.I of 1956] 49
(d) the provision of public parks and recreation
grounds;
(e) the construction of libraries and reading rooms and
the furthering of educational objects other than the
construction and maintenance of primary school buildings;
(f) the destruction or the detention and preservation of
ownerless dogs;
(g) the holding and management of fairs and cattle,
poultry, agricultural and industrial shows and exhibitions;
(h) the reclaiming of unhealthy localities, the laying out
of new village-sites, the building of model villages, and the
grant of loans to private persons or associations for the
above purpose;
(i) the organisation and maintenance of relief works in
times of famine or scarcity;
(j) the construction, repair, maintenance and
management of medical and veterinary dispensaries;
(k) the establishment and maintenance of maternity
services and child welfare centres;
(l) the purchase of medicines;
(m) the provision of houses for any class of servants
employed by the Board;
(n) the eradication of Bengal Hyacinth and other
noxious plants and prevention of water-logging in ayacuts;
(o) the afforestation, in co-operation with or on the
advice of the Forest Department of any waste or other lands,
50 [Act No.I of 1956]
to prevent erosion, to increase the local supply of fuel or to
provide green manure;
(p) the construction, repair, maintenance and
management of minor tanks for the purpose of irrigation in
co-operation with or on the advice of the public works
Department; and
(q) any other matter not hereinbefore specifically named
which is likely to promote the health, comfort or
convenience of the public.
CHAPTER VII.
Sanitary and Other Powers.
82. The President, the Executive Officer or any person
authorised by the Board in this behalf may at any time
between sunrise and sunset, on giving notice in the manner
hereinafter provided, enter into and inspect, all buildings
and lands, and by written notice direct that all or any part
thereof, shall be cleansed, cleared or otherwise put in a
proper state for sanitary reasons.
83. Whoever, being the owner or occupier of any building or
land whether tenantable or otherwise allows the same to be,
in an insanitary or unwholesome state or, in the opinion of
the Board, a nuisance to persons residing in the
neighbourhood, or overgrown with prickly pear or rank and
noisome vegetation, and who, when required by a notice, in
writing, from any person authorised by the Board in this
behalf, to cleanse, remove or otherwise put the same in a
proper state, does not comply with the said requisition
within a reasonable time from the receipt thereof, shall, on
conviction before a Magistrate, be liable to a fine not
exceeding twenty rupees, and if the offence be a continuing
one, to a further fine not exceeding five rupees for every day
during which the said offence is continued after conviction.
Powers to enter
and inspect,
buildings, etc.
Insanitary
buildings.
[Act No.I of 1956] 51
84. The President, the Executive Officer or any person
authorised by the Board in this behalf, may, at any time, by
written notice, require that the owner of, or any person who
has control over, any well, stream, channel, tank or other
sources of water-supply whether it is private or not shall-
(a) if the water is used for drinking—
(i) keep and maintain any such source of water
supply, other than a stream, in good repair, or
(ii) within a reasonable time to be specified in the
notice, cleanse any such source of water-supply from silt,
refuse and decaying vegetation, or
(iii) in such manner as the Board directs, protect any
such source of water-supply from pollution by surface
drainage, or
(iv) desist from using and from permitting others to
use for drinking purposes any such source of water-supply
which not being a stream in its natural flow, is in the opinion
of the Board unfit for drinking, or
(v) if notwithstanding any such notice under sub-
clause (iv) such use continues and cannot in the opinion of
the Board be otherwise prevented, close, either temporarily
or permanently, or fill up or enclose or fence in such manner
as the Board considers sufficient to prevent such use of
such source of water-supply, or
(vi) drain off or otherwise remove from any such
source of water supply, or from any land or premises or
receptacle or reservoir attached or adjacent thereto, any
stagnant water which the Board considers is injurious to
health or offensive to the neighbourhood;
Powers with
regard to sources
of water.
52 [Act No.I of 1956]
(b) within twenty-four hours of such notice, repair,
protect or enclose in such manner as the Board may direct
or approve any such source of water supply whether used
for drinking purposes or not, other than a stream in its
natural flow, if for want of sufficient repair, protection or
enclosure such source of water-supply is in the opinion of
the Board dangerous to the health or safety of the public or
of any person having occasion to use, pass by or approach
the same.
85. If the owner or the person having control as aforesaid
fails or neglects to comply with any such requisition within
the time required by or under the provisions of section 84,
the Board may, and, if in the opinion of the President
immediate action is necessary to protect the health or safety
of any person, shall, at once proceed to execute the work
required by such notice, and all the expenses incurred
thereon shall be paid by the owner of, or person having
control over, such water supply and shall be recoverable in
the same manner as an amount claimed on account of any
tax recoverable under Chapter X:
Provided that in the case of any well or private stream or
any private channel, tank or other source of water supply,
the water of which is used by the public or by any section of
the public as of right, the expenses incurred by such owner
or person having control may, if the Board so directs, be
paid from the District Fund at the disposal of such Board.
86. (1) The Board may, by public notice which shall be put
up at the spring, tank, well or other place concerned as
required by section 185, set apart any public spring, tank,
well or other place or any public water source or any part
thereof for drinking purposes or for bathing or for washing
clothes or animals or for any other purposes calculated to
promote the health, cleanliness, comfort or convenience of
the inhabitants; and may also set apart with the consent of
Remedy on non-
compliance with
directions issued.
Power to set apart
public springs,
etc. for certain
purposes and to
prohibit use of
water from certain
sources.
[Act No.I of 1956] 53
the owner, any private spring, tank, well or other place for
any of the aforesaid purposes.
(2) The Board may, during epidemics, on receipt of a
certificate from any Medical Officer of the Board or of the
Government stating that such action is desirable, summarily
by notice prohibtt the use of water from any source to which
the public have access. Such notice shall be served by
putting up a copy thereof near the source of water supply
and by beat of drum in the locality stating the number of
days for which such prohibition shall last. The Board may
extend or modify the notice from time to time.
87. Whoever-
(a) bathes in or defiles the water in any place set apart
for drinking purposes by the Board or in the case of private
property by the owner thereof, or
(b) deposits any offensive or deleterious matter in the
dry bed of any place set apart as aforesaid, for drinking
purposes, or
(c) washes clothes in any place set apart as aforesaid
for drinking purposes or for bathing, or
(d) washes any animal or any cooking utensils or wool,
skins or other foul or offensive substance or deposits any
offensive or deleterious matter in any place set apart as
aforesaid for drinking purposes or for bathing or for washing
clothes, or
(e) allows the water from a sink, sewer, drain engine or
boiler or any other offensive matter belonging to him or
flowing from any building or land belonging to or occupied
by him, to pass into any place set apart as aforesaid for
drinking purposes or for bathing or for washing clothes,
Penalty for using
places set apart
for other
purposes.
54 [Act No.I of 1956]
shall on conviction before a Magistrate, be liable to a fine
not exceeding fifty rupees, and if the offence be a continuing
one, to a further fine not exceeding ten rupees for every day
during which the said offence is continued after conviction.
88. When any pool, ditch, tank, pond, well, hole or any
waste or stagnant water or any channel or receptacle of foul
water or other offensive or injurious matter, whether the
same be within any private enclosure or otherwise, shall
appear to the Board to be likely to prove injurious to the
health of the inhabitants or offensive to the neighbourhood,
the Board may by written notice require the owner of the
same to cleanse, fill up, drain off or remove the same, or to
take such measures as shall in its opinion, be necessary to
abate or remove the nuisance.
89. (1) If the Board is of opinion that any place within its
jurisdiction which is used for the disposal of the dead is in
such a state as to be, or to be likely to be injurious to health,
it may submit its opinion with the reasons therefor, to the
Government. The Government may, thereupon, after such
further enquiry as may be necessary, by notification direct
that such place shall cease to be so used from such date as
may be specified in that behalf in the notification.
(2) A copy of the said notification with a translation
thereof in the local language of the district shall be posted at
the office of the Board and in one or more conspicuous
spots on or near the place to which it relates and notice
thereof shall also be given in the locality by beat of drum.
(3) Any person who buries or otherwise disposes of any
corpse in any such place after the date specified in the said
notification for the closure thereof, or buries any corpse in
any unoccupied Government land not set aside for the
burial of the dead under the provisions of any law for the
time being in force or by established usage shall, on
Abatement of
nuisance from foul
water.
Closing of places
for the disposal of
the dead.
[Act No.I of 1956] 55
conviction before a Magistrate, be liable to a fine not
exceeding one hundred rupees.
90. (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, cremating or otherwise disposing
of the dead shall, if such place be not already registered
apply to the Board to have such place registered.
(2) If it appears to such Board that there is no owner or
person having the control of such place, the Board shall
assume such control and register such place or may close
it.
91. (1) No new place for the disposal of the dead whether
private or public, shall be opened, formed, constructed or
used unless license has been obtained from the Board.
(2) 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 other particulars as the Board may
require.
(3) The Board may after such enquiry as it may deem fit
grant or refuse a licence.
(4) The Government may cancel, modify or revise the
order passed by a Board under sub-section (3).
92. The Board may, and if no sufficient provision exists,
shall provide at the cost of the District Fund, places to be
used as burial or cremation grounds or crematoria and may
if it deems necessary charge fees for the use thereof.
Registration of
burial and
cremation
grounds.
Licensing of
places for the
disposal of the
dead.
Provision of burial
and cremation
grounds and
crematoria.
56 [Act No.I of 1956]
93. (1) The President, the Executive Officer or any person
authorised by the Board in this behalf, may, at any time,
after reasonable notice enter into any building or premises
for the purposes of inspecting such building or premises if
he has reasons to believe that any dangerous infectious
disease exists therein.
(2) No such inspection shall be made except between
sunrise and sunset.
(3) If the Board is of opinion that the cleansing or
disinfecting of a building or premises or of a part thereof, or
of any articles therein likely to retain infection, would tend to
prevent or check the spread of any dangerous infectious
disease it may by notice, require the owner or occupier to
cleanse or disinfect the same within a time to be specified in
such notice:
Provided that if the Board considers that immediate
action is necessary or that the owner or occupier is by
reason of poverty or otherwise unable effectually to comply
with its requisition, the Board may itself cause such building
or premises or articles to be cleansed or disinfected and for
this purpose may cause such articles to be removed from
such building or premises and the expenses incurred under
this sub-section shall be recoverable from the said owner or
occupier unless he was, by reason of poverty, unable
effectually to comply with its requisition.
94. (1) The Board shall, from time to time notify places at
which clothes, bedding or any other articles which have
been exposed to infection from any dangerous infectious
disease may be washed or disinfected.
President, etc. to
have power of
entry for
inspection into
buildings, etc.,
where infectious
disease exists.
Board to notify
places for
washing and
disinfecting
articles exposed
to infection.
[Act No.I of 1956] 57
(2) The Board may direct the destruction of clothes,
bedding or other articles likely to retain such infection and
shall on application give compensation for the articles
destroyed.
(3) Whoever washes such clothing or bedding or other
articles at any place other than those set apart for such
purposes under sub-section (1) shall, on conviction before a
Magistrate, be liable to a fine not exceeding fifty rupees.
95. (1) Every medical practioner who, in the course of his
practice, becomes cognizant of the existence of any
infectious disease in any dwelling other than a public
hospital, and every manager of any factory or public
building, every keeper of a serai, dharmashala, hotel or
lodging house, every head of a family and every owner or
occupier of a house, who knows or has reason to believe
that any person in any premises under his management,
control or occupation is suffering from, or has died of, an
infectious disease, shall, if the case has not already been
reported, give information thereof, with the least practicable
delay, to the President, the Executive Officer, the Health
Officer, the Assistant Health Officer, the Tahsildar, the Police
Patel of the village or the Officer-in-charge of the nearest
Police Station House.
(2) A breach of sub-section (1) shall be punishable with
fine which may extend to fifty rupees.
Explanation.- In this section ‘Medical Practioner’
includes a Hakim or Vaidya.
96. (1) Whoever on any part of a public road, land or
building, after it has vested in, or has become the property
of a Board, shall build, or set up, any wall or fence, rail, post,
stall, verandah, platform, plinth, step or any projecting
structure or thing, or other encroachment or obstruction, or
Infected articles
may be
destroyed.
Penalty.
Information
regarding
infectious disease.
Obstructions and
encroachments
upon public road,
land or building.
58 [Act No.I of 1956]
shall deposit, or cause to be placed or deposited, any box,
bale, package or merchandise or any other thing on any
part of any such road, land or building, or in, or over, or
upon, any open drain, gutter, sewer or aqueduct in such
road, land or building, shall be punished with fine which
may extend to twenty-five rupees.
(2) The Board shall have power to remove any such
obstruction or encroachment, and the expense of such
removal shall be paid by the person who has caused the
said obstruction or encroachment, and shall be recoverable
in the same manner as an amount claimed on account of
any tax recoverable under Chapter X:
Provided that, before proceeding to remove any such
obstruction or encroachment, the Board shall by written
notice call upon the person who has caused such
obstruction or encroachment to remove it within a
reasonable time to be specified in the notice, or to show
cause why the same should not be removed.
(3) Nothing contained in this section shall prevent a
Board from allowing any temporary occupation of or
erections on any public road, which vests in it or is its
property, on occasions of festivals and ceremonies, or for
the piling of fuel on any part of such road for not more than
fifteen days and in such manner as not to inconvenience the
public or any individual.
97. (1) Subject to such provisions as may be prescribed, no
place within the jurisdiction of a Board shall be used as a
hoteI, restaurant, tea-shop or for any similar purpose or for
the manufacture of tiles, bricks or lime or for the purpose of
any other trade or business which the Government may, by
notification, decIare to be offensive or dangerous, except
under a licence from the Board and subject to such
Prohibition of
hotels,
restaurants, tea-
shops, etc., and
offensive or
dangerous trade
without licence.
[Act No.I of 1956] 59
conditions as may be imposed in the licence and to such
fees, if any, as may be prescribed.
(2) When a licensee fails to comply with any of the
conditions imposed in the licence, the Board may suspend
or cancel his licence.
98. The Board may fix places or premises-
(a) for keeping animal or animals of any specified
description which are to be sold for purposes of slaughter;
(b) for the slaughter of such animals; and
(c) for the sale of the flesh of such animals; and may
grant and withdraw licences for the use of such places or
premises.
99. If the Board is of opinion that in any place within its
jurisdiction any infectious disease amongst horses, cattle,
sheep or goats has broken out or that the introduction of
any such disease appears to be likely, it shall be lawful for
the Board to take all such measures as it may deem
necessary for the purpose of preventing, meeting mitigating
or suppressing the disease or the out-break or introduction
thereof.
100. (1) The Board may-
(a) authorise any person-
(i) to destroy or cause to be destroyed or to
confine or cause to be confined, for such period as the
Board may direct, any dog or other animal suffering from
rabies or reasonably suspected to be suffering from rabies
or bitten by any dog or other animal suffering or suspected
as aforesaid;
Power to regulate
slaughter of
animals for sale.
Power to take
measures against
cattle disease.
Prevention of
rabies and
disposal of mad
and stray dogs.
60 [Act No.I of 1956]
(ii) to confine or cause to be confined any dog
found wandering about streets or public places without
collars or other marks, distinguishing them as private
property, and to charge a fee for such detention and to
destroy or otherwise to dispose of any such dog if it is not
claimed within one week and the fee paid;
(b) appoint from time to time, by public notice a
certain period within which any dog without collars or other
marks distinguishing them as private property found
straying on the streets or beyond the enclosures of the
houses of the owners of such dogs, may be destroyed and
cause them to be destroyed accordingly.
(2) No damage shall be payable in respect of any dog
destroyed or otherwise disposed of under this section.
101. Whoever quarries, blasts, fells trees, cuts timber or
carries on building operations in such a manner as to cause
or to be likely to cause, danger to persons passing by or
dwelling or working in the neighbourhood, shall be
punishable with fine which may extend to fifty rupees.
102. (1) (a) Subject to such provisions as may be prescribed
no person shall erect or re-erect any building without the
written permission of the Board.
(b) Such permission may not be refused except for
the reason of the site being unsuitable on sanitary or village
planning grounds.
(c) Such permission shall be presumed to have
been granted if its refusal is not communicated within two
months of the receipt of the application for permission.
(2) (a) Subject to the provisions of the Factories Act,
1948 (LXIII of 1948), every person intending—
Dangerous
quarrying,
blasting, felling
trees or cutting
timber or building.
Permission
necessary for
erecting buildings
and for
construction,
establishment or
installation of
factory, workshop
or workplace.
[Act No.I of 1956] 61
(i) to construct or establish, extend or shift within
the limits of the jurisdiction of a Board, any factory,
workshop or work place in which it is proposed to employ
water, steam, electricity or other mechanical power, or
(ii) to instal in any premises any machinery or
manufacturing plant driven by any power as aforesaid shall,
before beginning such construction, establishment,
extension, shifting or installation, make an application in
writing to the Board for permission to undertake the
intended work.
(b) The application shall be accompanied by—
(i) a plan of the factory, workshop, work-place or
premises prepared in such manner as may be prescribed;
(ii) such particulars as to the power, machinery,
plant or premises as the Board may require by rules made
in this behalf.
(c) The Board shall, as soon as may be after the
receipt of the application—
(i) grant the permission applied for, either
absolutely or subject to such condition as it thinks fit to
impose, or
(ii) refuse permission, if it is of opinion that such
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.
(3) Whenever any building is erected, or re-erected
without any such permission or in any manner contrary to
the provisions prescribed under sub-section (1) or to any
conditions imposed by the Board in this behalf, or any
62 [Act No.I of 1956]
factory, workshop or workplace is constructed, established
or installed without any such permission or in any manner
contrary to the provisions prescribed under sub-section (2)
or to any conditions imposed by the Board in this behalf, the
Board may-
(a) direct that the building, construction,
establishment or installation be stopped, or
(b) by written notice require such building,
construction, establishment or installation to be altered,
demolished or removed, as may be necessary.
(4) No claim shall lie for compensation on account of
any order under this section.
Regional and Town Planning.
103. The Government may notify any area in the jurisdiction
of a Board as an area in which no building is to be erected
or re-erected except in accordance with a regional or Village
Plan or a local lay-out sanctioned by Government in the
manner prescribed.
104. (1) As soon as any regional or village plan or local lay-
out is sanctioned by the Government under rules made
under clause (xv) of sub-section (2) of section 200, the said
sanction shall be published by a notification in the Official
Gazette and such notification shall state at what place and
time the plan or lay-out will be open to inspection by the
public.
(2) A notification published under sub-section (1) shall
be conclusive evidence that the plan or lay-out has been
duly made and sanctioned. The plan or layout shall be
effective from the date of publication of such notification and
Regional and
Town Planning
and local lay-outs.
Notification of
sanction of plan
or lay-out.
[Act No.I of 1956] 63
the execution of the plan or lay-out shall be begun as soon
as possible thereafter:
Provided that the Government may direct the execution
of the plan or lay-out or any part thereof to be deferred until
such time as it may fix.
105. A regional plan or village plan or local lay-out
sanctioned under the rules made under clause (xv) of sub-
section (2) of section 200, may at any time be varied or
revoked by a subsequent plan or lay-out prepared and
sanctioned in the same manner as the original plan or lay-
out.
106. If at any time after the date on which a regional or town
plan or local lay-out has come into force, such a plan or lay-
out is varied or revoked, any person who has incurred
expenditure for the purpose of complying with such plan or
lay-out shall be entitled to receive compensation from the
Board executing the plan or lay-out in so far as by reason of
the variation or revocation of such plan or lay-out such
expenditure has ceased to be in any way beneficial to him.
107. From the date of the notification under section 104,
sanctioning a regional or village plan or a local lay-out, all
owners of lands and buildings in the area affected by the
plan or lay-out who propose to erect or reerect or in any way
alter or add to buildings, shall, conform in every particular
with the requirements of such plan or lay-out; and no
building shall be erected or re-erected in any area in which
building is expressly forbidden in the plan or lay-out, or
which is reserved in the plan or lay-out for any purpose
incompatible with building.
108. (1) After a notification has been issued under section
104, sanctioning a regional or village plan or a locaI lay-out,
the authority responsible for the execution of such plan or
Variation or
revocation of plan
or lay-out.
Limitation of
compensation
payable to
persons affected
by variation or
revocation of the
plan or lay-out.
Obligation of
owners to comply
with plan or lay-
out after sanction.
Penalty for breach
of the provisions
of any regional or
town plan or lay-
out.
64 [Act No.I of 1956]
lay-out shall, if he has reason to believe that any person
commits or knowingly permits a breach of any provisions of
such plan or lay-out or neglects or fails to comply with any
such provision, cause to be served on such person a notice
calling on him to discontinue the breach or cause it to be
discontinued or comply with such provision.
(2) If after the expiry of one month from the date of the
service of the notice on such person under sub-section (1),
the breach, neglect or failure cotinues, such person shall, on
conviction, be punishable—
(i) with fine, which may extend to fifty rupees, and
(ii) if the breach, neglect or failure continues after
such conviction, with further fine which may extend to five
rupees for every day during which the breach, neglect or
failure continues after such conviction.
109. For the purpose of the making or execution of any
regional or village plan or local lay-out, the Board or any
person authorised by the Board in this behalf shall, subject
to the provisions of this Act after giving twenty-four hours’
notice to the occupier, or if there be no occupier, to the
owner of any property, be entitled to survey and set up
marks on any property and to do all acts necessary for such
purposes.
110. Immovable property required for the purposes of a
regional or village plan or local lay-out, shall be deemed to
be land needed for a public purpose within the meaning of
the Hyderabad Land Acquisition Act, 1309 Fasli.
Mosquito Control.
111. On the recommendation of the Health Officer, a Board
may declare a local area for mosquito control.
Powers of entry,
etc.
Application of the
Hyderabad Land
Acquisition Act,
1309 F. to
immovable
property required
for plan or lay-out.
Declaration of an
area for mosquito
control.
[Act No.I of 1956] 65
112. If a declaration under section 111 has been made, no
person shall, after such declaration—
(a) have, keep, or maintain within such area any
collection of standing or flowing water in which mosquitoes
breed or likely to breed, or
(b) cause, permit, or suffer any water within such area to
form a collection in which mosquitoes breed or are likely to
breed, unless such collection has been so treated as
effectively to prevent such breeding.
Explanation I.—Troughs used for cattle and in frequent use,
shall not, until the contrary is proved, be deemed to be
collections of water in which mosquitoes breed or are likely
to breed.
Explanation II.—The natural presence of mosquito larvae in
any standnig or flowing water shall be evidence that
mosquitoes are breeding in such water.
113. (1) The Board may, by notice in writing require the
owner or the occupier of any place containing any collection
of standing or flowing water in which mosquitoes breed or
are likely to breed, within such time as may be specified in
the notice, to take such measures with respect to the same,
or to treat the same by such physical, chemical or diological
method, as the Board, on recommendation of the Health
Officer, may consider suitable in the circumstances.
(2) If a notice under sub-section (1) is served on the
occupier, he shall, in the absence of a contract, express or
implied, to the contrary, be entitled to recover from the
owner the recoverable expenses incurred by him in taking
the measures or adopting the method of treament specified
in the notice and may deduct the amount of such expenses
Prohibition of
mosquito
breeding in
collection of
water.
Treatment of
mosquito
breeding places.
66 [Act No.I of 1956]
from the rent which is then or which may thereafter be due
from him to the owner.
114. If the person on whom a notice is served under section
113 fails or refuses to take the measures or adopt the
method of treatment specified in such notice within the time
specified therein, the Board may itself take such measures
or adopt such treatment and recover the cost of doing so
from the owner or occupier of the property, as the case may
be, in the same manner as an amount claimed on account
of any tax recoverable under Chapter X.
115. Where, with the object of preventing the breeding of
mosquitoes in any land or building, the Government or the
Board, or the owner or occupier at the instance of the
Government or the Board, has constructed any works in
such land or building, the owner for the time being as well
as the occupier for the time being of such land or building
shall prevent its being used in any manner which causes, or
is likely to cause, deterioration of such works or which
impairs or is likely to impair, their efficiency.
116. (1) No person shall, without the consent of the Board
interfere with, injure, destroy or render useless, any work
executed or any material or thing placed in, under, or upon
any land or building, by or under the orders of the Board
with the object of preventing the breeding of mosquitoes
therein.
(2) If the provisions of sub-section (1) are contravened
by any person, the Board may re-execute the work or
replace the materials or things, as the case may be, and the
cost of doing so shall be recovered from such person in the
same manner as an amount claimed on account of any tax
recoverable under Chapter X.
Health Officer’s
powers in case of
default.
Protection of anti-
mosquito works.
Prohibition of
interference with
such works.
[Act No.I of 1956] 67
117. For the purposes of enforcing the provisions contained
in sections 111 to 116 (both inclusive), the Executive Officer,
the Health Officer or any other officer of the Board not below
the rank of Health Inspector may at all reasonable times
after giving such notice in writing as may appear to him
reasonable, enter and inspect any land or building and the
occupier or the owner, as the case may be, of such land or
building, shall give all facilities necessary for such entry and
inspection and supply all such information as may be
required of him for the purpose aforesaid.
118. Whoever, having been served with a notice under
section 113 requiring him to take action thereunder against
the breeding of mosquitoes, fails to comply with such notice
shall be punished with fine which may extend to fifty rupees
and if the breach is a continuing one, with further fine which
may extend to five rupees for every day after the first during
which the breach is proved to have been persisted in.
119. Whoever being the owner or occupier of any land or
building, uses, or fails to prevent the use of such land or
building in contravention of section 115 shall be punished
with fine which may extend to one hundred rupees.
120. Whoever in contravention of the provisions of section
116 interferes with, injures, destroys or renders useless
anything done by or under the orders of the Board to
prevent the breeding of mosquitoes, shall be punished with
fine which may extend to two hundred rupees.
MARKETS.
Public Markets.
121. Subject to the provisions of this Act and the rules made
under clause (xvi) of sub-section (2) of section 200, a Board
may establish, control and regulate public markets.
Power of Health
staff to enter and
inspect premises.
Penalty for breach
of section 113.
Penalty for breach
of section 115.
Penalty for breach
of section 116.
Public markets.
68 [Act No.I of 1956]
122. A Board may by public notice close at any time any
public market or part thereof.
Private Markets.
123. (1) No private person shall establish or maintain a
private market except under a licence granted by the Board.
(2) The Board may grant, a licence subject to such
conditions as regards sanitation, drainage, water-supply,
width of paths and ways, weights and measures to be used
and rents to be charged in such markets as may be
prescribed under clause (xvii) of sub-section (2) of section
200.
(3) While granting such licence, the Board may charge a
fee not exceeding such amount as may be prescribed.
124. A licence under section 123, shall, unless it otherwise
directs, remain in force for the financial year during which it
has been granted but may at any time be suspended or
cancelled for breach of any of its conditions.
125. If the Board fails to grant a licence under section 123
for a period exceeding three months from the date of the
receipt of an application for such licence, the applicant may
apply to the Government who shall in the first instance,
direct the Board to decide the application within one month
from the date of such direction. If the Board does not decide
the application within that period, the Government may
reject the application or grant a licence or direct the Board
to grant a licence.
126. Any person—
(a) establishing or maintaining a private market for
which a licence has not been granted under section 123,
Closing of public
markets.
Licensing of
private markets.
Term of such
licences.
Procedure when
Board delays
grant of licence.
Penalties.
[Act No.I of 1956] 69
(b) opening or keeping open a private market for which
the licence has been suspended or cancelled under section
124,
shall be punishable with fine which may extend to one
hundred rupees and if the breach is a continuing one, with
further fine which may extend to ten rupees, for every day
after the first during which the breach is proved to have
been persisted in.
CHAPTER VIII.
Revenue and Expenditure.
127. There shall be formed for each district, a District Fund
and there shall be placed to the credit thereof—
(a) the accumulated balances of the District Fund of the
district at the commencement of this Act;
(b) the proceeds of cesses, taxes, tolls and fees,
authorised to be levied under this Act;
(c) all rents and profits accruing from the properties
bought, constructed or maintained by the Board or from
properties otherwise vested in the Board;
(d) all penalties paid to or levied by or on behalf of the
Board and all fines imposed by a Magistrate under this Act
or the rules and bye-laws framed thereunder;
(e) the sale proceeds of all property vested in the Board
that may be sold under its orders;
Constitution of
District Fund.
70 [Act No.I of 1956]
(f) the proceeds of all public ferries established under
the 10[Telangana Ferries Act, 1314 Fasli], within the
jurisdiction of the Board, and all penalties and fines realised
under that Act in respect of such ferries;
(g) all grants and assignments of revenue and
contributions made by the Government, local authorities
and private individuals;
(h) all sums received on account of fines and un-
claimed sale-proceeds under the provisions of the
Hyderabad Cattle Trespass Act, 1337 Fasli;
(i) unclaimed deposits and other forfeitures; and
(j) all other sums received by or on behalf of the Board
under this Act or any other law for the time being in force.
128. (1) The District Fund shall be vested in the Board and
shall be kept in such Government Treasury or Bank, to
which the Government treasury business has been made
over, as the Government may direct.
(2) A Board may from time to time, with the previous
sanction of Government, invest any portion of its fund in
securities of the Government of Hyderabad or in such other
securities, including fixed deposits in banks as the
Government may approve in this behalf, and may vary such
investment for others of the like nature; and the income
resulting from the securities and proceeds of the sale of the
securities shall be credited to the District Fund.
10. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Custody and
investment of the
District Fund.
[Act No.I of 1956] 71
129. (1) The Board shall set apart and apply annually out of
the District Fund—
firstly, such sum as may be required for the payment of
any amounts falling due on any loan legally contracted by it;
secondly, such sum as may be required to meet the
charges of its own establishment under sections 164 and
165 and contribution towards Local Government Service
Fund constituted under sub-section (3) of section 166;
thirdly, the expenses incurred in auditing the accounts
of the Board:
fourthly, the cost of the construction and maintenance of
buildings for the offices of the Board; and
fifthly, a sum equal to one-third of the net receipts from
the local cess imposed under section 135 in each
Panchayat Village for payment to the Panchayat of such
village.
(2) Subject to the charges specified in sub-section (1)
and to such rules as may be prescribed, the District Fund
shall be applicable to the following purposes, namely:—
(a) the payment of the charges and expenses
incidental to the matters specified in sections 80 and 81 and
to all other purposes for which, by or under this Act or any
other law for the time being in force, powers are confered or
duties imposed upon the Board, including grant of loans for
promoting such purposes;
(b) grants of loans to employees;
(c) the payment of monthly allowance to the
President;
Application of
Fund.
72 [Act No.I of 1956]
(d) the payments to members of the Board of daily
allowances for attending meetings of the Board and of any
Committees thereof and of expenses incurred in travelling
for the purposes of the business of the Board and any
Committee thereof at such rates as may be prescribed:
Provided that no such payment shall be made from the
District Fund to a salaried servant of the Government;
(e) grants and loans to Municipal and Town
Committees, Market Committees constituted under the
11[Hyderabad Agricultural Markets Act, 1339 F], Panchayats,
public libraries and other charitable and public institutions
established in the district for purposes of public benefit;
(f) grants or loans for the acquisition, lay out and
construction of any public market or of any market
constituted under the 11[Hyderabad Agricultural Markets Act,
1339 Fasli], within the area subject to the control of the
Board;
(g) contributions to any work or institution from which
the area under the jurisdiction of the Board benefits,
although such work or institution is undertaken or
maintained outside the jurisdiction of the Board;
(h) contributions towards any public fund raised for
the relief of human or animal suffering within or without the
area under the authority of the Board;
(i) any public reception, ceremony or entertainment:
Provided that no expenditure shall be incurred under
this head save in pursuance of a resolution passed at a
11. Repealed by Act No. 16 of 1966.
[Act No.I of 1956] 73
meeting and supported by more than one-haff of the whole
number of members of the Board;
(j) compensation to any person sustaining any
damage by reason of the exercise of any power vested in
the Board, its members, officers or servants, under this Act;
(k) with the previous sanction of the Government, any
other purposes whereon the expenditure of the District Fund
is in the public interest.
130. (1) Every year the Board shall, on or before the
prescribed date, hold a meeting at which the Standing
Committee shall submit budget estimates of the income and
expenditure of the Board for the coming year, including
proposals for spending the portion of the accumulated
balances previously sanctioned by the Government under
sub-section (2) of section 132.
(2) The Board shall consider the estimates and may
approve of them with or without modification:
Provided that no estimates shall be approved unless
they provide for the Board having at its credit at the end of
the year a balance of five per cent, of the aggregate income
for that year.
(3) The Board shall forward its estimates as finally
approved by it to the Government through the Collector for
approval.
(4) The Government before approving the estimates
may make such changes therein as it considers necessary
in order that the estimates may comply with the
requirements of this Act or the rules thereunder or any other
law for the time being in force.
Standing
Committee and
Budget Estimates.
74 [Act No.I of 1956]
(5) If the Government considers other changes
desirable, whether by way of omitting, increasing or
reducing any provision or of inserting a provision for income
or expenditure not appearing in the estimates as submitted
by the Board, it shall be bound before effecting such
changes to refer the estimates back to the Board for its
opinion and shall give due consideration to any opinion
received from the Board within one month from the
despatch of the reference to the Board.
(6) On receipt of the Board’s opinion, or on the expiry of
one month as aforesaid without any reply from the Board,
the Government may modify the estimates by adopting in
whole or in part the changes suggested by it to the Board
and approve the estimates thus changed.
131. Notwithstanding anything contained in section 130
Government may by notification in the Official Gazzette
declare that the budget estimates of a Board shall not be
subject to approval of Government.
132. (1) No portion of the accumulated balance may be
spent by the Board without the previous sanction of the
Government:
Provided that nothing in this section shall be deemed to
prevent the Board during the first quarter of the year or till
the budget is sanctioned, whichever is earlier, from paying
from its balances in the local treasury the cost of the
sanctioned establishment and other un-avoidable
expenditure.
(2) At least one month before the date prescribed under
sub-section (1) of section 130 for the meeting, the
Government shall inform the Committee what total
expenditure it sanctions for the coming year from the
accumulated balances.
Exempting Boards
from obtaining
Government
approval for
estimates.
Expenditure from
the balance of
previous years.
[Act No.I of 1956] 75
(3) Proposals for spending the sum thus sanctioned
shall be incorporated in the budget estimates for the coming
year in accordance with sub-section (1) of section 130.
(4) Notwithstanding anything contained in sub-section
(1), in exceptional cases of real necessity the Board may
request the Government for sanction of further expenditure
therefrom.
133. (1) The Board shall keep such accounts and submit
such statements to the Government as may be prescribed.
(2) Accounts of the receipts and expenditure of every
Board shall be maintained up to the last day of every
financial year in such form as may be prescribed. These
annual accounts and all accounts kept under sub-section
(1) shall be examined and audited, as soon as may be, after
the end of each financial year by such persons as the
Government may appoint in this behalf.
(3) An abstract of every annual account of a Board,
showing the income of the District Fund under each head of
receipts, the charges for establishment, the works
undertaken, the sum expended on each work, the balance if
any, of the fund remaining unspent, and such other
information as may be required by the rules, shall be
prepared by the Board in such form or forms as may be
prescribed and forwarded to the Government not later than
the 15th day of the first month of the next financial year and
published annually in such manner, if any, as may be
prescribed.
134. The Board shall keep at its office a copy of every
estimate approved and of accounts maintained under this
Chapter and any person who is enrolled in the list of voters
for the time being in force as a voter of any constituency of
the Board, may during office hours inspect any such
Accounts.
Inspection of
accounts by the
public.
76 [Act No.I of 1956]
estimates or accounts subject to such conditions as may be
prescribed.
CHAPTER IX.
Taxation.
12[135. [xxx]
136. [xxx]
137. [xxx]]
138. With the previous sanction of the Government and
subject to such rules as may be prescribed in this behalf, a
Board may impose a special tax on houses, buildings or
lands within the whole or a part of the area subject to the
jurisdiction of the Board for providing amenities to the
inhabitants of such area.
13[xxx]
139. (1) Subject to the provisions of this Chapter, and with
the previous sanction of the Government, a Board may
impose in the whole or in any part of the area under its
jurisdiction any of the following other taxes for the purposes
of this Act, namely:—
(a) subject to the provisions of article 276 of the
Constitution of India, a tax on persons exercising any
profession, trade, calling or employment, within the limits of
the area subject to the jurisdiction of the Board;
(b) market tolls on vehicles and laden animals
bringing goods for sale into a public market;
12. Sections 135 to 137 have been omitted by Act No.38 of 2001.
13. Omitted by Act No.38 of 2001.
Special tax on
property.
Other taxes.
[Act No.I of 1956] 77
(c) market fees for the right to exhibit goods for sale
in a public market;
(d) fees for the registration of animals sold in a public
market:
Provided that the tolls and fees mentioned in clauses
(b), (c) and (d) shall not be levied by a Board unless the
Government has by notification in the Official Gazette
invested the Board with exclusive rights of collection of the
said tolls and fees in respect of a public market situated
within its jurisdiction;
14[(e) [xxx]]
(f) a tax on public entertainments and amusements;
15[(g) a tax on pilgrims visiting a shrine, Urus or Jatra
within the limits of the Board’s jurisdiction:
Provided that—
(i) such pilgrim tax shall be leviable at a flat rate on
every person over twelve years of age; and
(ii) unless otherwise directed by the Government no
portion of the proceeds of such tax shall be expended for
purposes other than making arrangements for the health
and comfort of the pilgrims resorting to or the improvement
or development of such local area;]
(h) a tax on vehicles when such vehicles are kept
within the limits of the Board;
14. Omitted by Act No.38 of 2001
15. Substituted by Act No.XXXVIII of 1956.
78 [Act No.I of 1956]
(i) a toll, at the toll bars established by the Board on
any bridges or road-way constructed from out of the District
Fund, on
(i) every vehicle;
(ii) every animal used for driving, draught or
burden, passing on such bridge or road:
Provided that the toll shall not be leviable on any
such vehicle or animal more than once on any one date.
(2) the tolls and fees leviable under clauses (b) and (c)
of sub-section (1) may also be leviable at fairs.
140. (1) No tax shall be imposed under section 138 or 139
unless the Board shall, at a special meeting convened for
that purpose, have passed a resolution proposing the
imposition of such tax:
Provided that in the case of the special tax leviable
under section 138 and of the pilgrim tax leviable under
clause (g) of sub-section (1) of section 139, no such
resolution shall be valid unless passed by a majority of two-
third of the whole number of members of the Board.
(2) When such a resolution has been passed, the Board
shall publish in the manner prescribed, a notice defining the
class of persons or description of property proposed to be
taxed, the amount or rate of the tax to be imposed and the
system of assessment to be adopted.
(3) Any inhabitant of the district objecting to the
proposed tax may, within sixty days from the publication of
the notice, submit his objection in writing to the Board.
Procedure in
imposing taxes.
[Act No.I of 1956] 79
(4) The Board shall take the proposals and all
objections received thereto into consideration at a special
meeting and may modify the proposals so as not to affect
their substance, and may then forward them to the
Government along with the objections received its decisions
thereon and its reasons therefor. If the Board decides to
modify the proposals so as to affect their substance, it shall
publish them again in the manner prescribed in sub-section
(2).
(5) The Government on receiving such proposals may
sanction or refuse to sanction them or sanction them
subject to such modifications as it may deem fit, or return
them to the Board for further consideration.
(6) No modification affecting the substance shall be
made under sub-section (5) unless and until the
modification has been accepted by the Board at a special
meeting.
(7) If any proposals for taxation have been sanctioned
under sub-section (5), the Government may, by notification,
direct the imposition of the tax as sanctioned from such date
as may be specified in such notification and thereupon the
tax shall come into effect as from the date so specified.
(8) A notification of the imposition of a tax under this
section shall be conclusive evidence that the tax has been
imposed in accordance with the provisions of this Act.
141. (1) A Board may, at a special meeting, pass a
resolution to propose the abolition of any tax already
imposed under section 138 or section 139 or a variation in
the amount or rate thereof.
(2) Any such proposal shall be dealt with according to
the procedure laid down in section 140 for the imposition of
Procedure for
abolishing or
varying taxes.
80 [Act No.I of 1956]
new tax, and the notification, of the abolition or variation of a
tax under this section shall be conclusive proof that such
abolition or variation has been made in accordance with the
provisions of this Act.
(3) Notwithstanding anything contained in section 140
or in this section, the Government shall have the power to
reject a proposal for the abolition of a tax or a reduction in
the amount or rate thereof or to vary the amount of such
reduction or to impose a reduction in lieu of abolition, by
referring the proposal back to the Board for further
consideration or without such reference.
142. A Board, with the previous sanction of the Government
and by a resolution passed at a special meeting by a two-
third majority of the whole number of members, may
suspend the operation of any tax imposed under section
138 or 139 within any part of the area subject to its authority
for any specified period or exempt in whole or in part from
the payment of any such tax any person or class of persons
or any property or description of property.
143. (1) If any licence is granted by a Board under this Act,
the Board or some person generally or specially authorised
by the Board in this behalf may collect a fee for such
licence.
(2) The Board or a person generally or specially
authorised by it in this behalf, may collect such fee as may
be fixed by bye-laws under this Act for the use of any
building or land belonging to, or under the control of the
Board.
Assesment of Taxes
144. A Board or any officer authorised by it in this behalf
may, by notice, call upon any inhabitant of the area subject
Procedure for
suspension of or
exemption from
taxes.
Powers to charge
fees for licences
and for use of
certain lands and
buildings.
Power to call for
information.
[Act No.I of 1956] 81
to its authority to furnish within a reasonable time such
information as may be necessary in order to ascertain—
(a) whether such inhabitant is liable to pay any tax
imposed under this Act, and
(b) the amount at which he should be assessed.
145. No assessment and no charge or demand of any
cess, tax, toll or fee made under the authority of this Act,
shall be invalid by reason only of any clerical error or other
defect of form; and when any property is described for the
purpose of assessing any such cess, tax, toll or fee, it shall
suffice to describe it in such manner that it shall be generally
known, and it shall not be necessary to name the owner or
occupier.
146. No objection shall be taken to any valuation,
assessment or levy, nor shall the liability of any person to be
assessed or taxed, be called into question in any other
manner or by any other authority than is provided in this Act.
CHAPTER X.
Collection of Taxes.
147. (1) When any amount which,
(a) by or under any provision of this Act, is declared
to be recoverable in the manner provided by this Chapter, or
(b) not being payable on demand on account of a
toll, is claimable as an amount or instalment on account of
any tax which is imposed in the district shall have become
due,
Assessment not
invalid for defect
of form.
Bar of other
proceedings.
Presentation of bill
for amount of tax.
82 [Act No.I of 1956]
the Board shall with the least practicable delay, cause to
be presented to the person liable for the payment thereof a
bill for the sum claimed as due.
(2) Every such bill shall specify—
(a) the period for which, and
(b) the property, occupation or thing in respect of
which, the sum is claimed, and shall also give notice of
(i) the liability incurred in default of payment, and
(ii) the time within which an appeal may be
preferred, as provided in section 156 against such claim.
(3) If the sum for which any bill has been presented as
aforesaid is not paid into the office of the Board, or to a
person authorised by the Board in that behalf to receive
such payments, within thirty days from the presentation
thereof, the Board may cause to be served upon the person
liable for the payment of the said sum a notice of demand in
the form of Schedule A, or to the like effect.
148. If the person liable for the payment of the said sum
does not, within thirty days from the service of such notice
of demand, either—
(a) pay the sum demanded in the notice, or
(b) show cause to the satisfaction of the Board or of
such officer as the Board may appoint in this behalf, why he
should not pay the same, or
(c) prefer an appeal in accordance with the provisions of
section 156 against the demand, such sum with all costs of
the recovery may be levied under a warrant caused to be
Contents of bill.
In what cases
warrant may
issue.
If bill not paid
within thirty days
notice of demand
to issue.
[Act No.I of 1956] 83
issued by the Board in the form of Schedule B or to the like
effect by distress and sale of the movable property of the
defaulter.
149. Every Warrant issued under section 148 shall be
signed by the President of the Board causing the same to
be issued, or by an officer authorised by the Board for this
purpose or with the sanction of the Government by a
Government officer.
150. When the property is in the district, the warrant shall be
addressed to an officer of the Board or with the sanction of
the Government to a Government officer.
When the property is in another district, the warrant shall
be addressed to the President of the Board in such other
district:
Provided that such President may endorse such warrant
to a subordinate officer or with the sanction of the
Government to a Government officer. When the property is
in the city of Hyderabad, the warrant shall be addressed to
the Court of Small Causes, Hyderabad:
Provided that the said Court may endorse such warrant
to a subordinate officer.
151. Any officer to whom a warrant is addressed by
endorsement or otherwise may, if the warrant contains a
special order authorising him in this behalf, but not
otherwise, break open at any time between sunrise and
sunset any outer or inner door or window of a building in
order to make the distress directed in the warrant, if he has
reasonable grounds for believing that such building
contains property which is liable to seizure under the
warrant and if after notifying, his authority and purpose and
duly demanding admittance, he cannot otherwise obtain
Warrant by whom
to be signed.
To whom warrant
should be
addressed.
Power of entry
under special
order.
84 [Act No.I of 1956]
admittance provided that such officer shall not enter or
break open the door of any apartment appropriated for
women until he has given reasonable notice of his intention
and has given such women an opportunity to remove
themselves.
152. Such officer may distrain, wherever it may be found,
any movable property of the person named in the warrant as
a defaulter subject to the following conditions, exceptions
and exemptions, namely—
(a) the following property shall not be distrained:—
(i) the necessary wearing apparel, cooking vessels,
bedding of the defaulter, his wife and children, and such
personal ornaments as in accordance with religious usage
cannot be parted with by any woman,
(ii) the tools of artisans, and
(iii) when the defaulter is an agriculturist, his
implements of husbandry, seed-grain, and such cattle as
may be necessary to enable him to earn his livelihood;
(b) the distress shall not be excessive, that is to say, the
property distrained shall be as nearly as possible equal in
value to the amount recoverable under the warrant, and if
any articles have been distrained which, in the opinion of a
person authorised by or under section 149 to sign a warrant
should not have been so distrained they shall forthwith be
returned; and
(c) the officer shall on seizing the property forthwith
make an inventory thereof, and shall before removing the
same give to the person in possession thereof at the time of
seizure a written notice in the form of Schedule C, that the
Warrant how to be
executed.
[Act No.I of 1956] 85
said property will be sold as shall be specified in such
notice:
Provided that if after the property is distrained and
before it has been sold, the sum due by the defaulter
together with all costs incidental to the notice, warrant and
distress of the property is paid, the officer shall remove the
distress.
153. (1) When the property seized is subject to speedy and
natural decay, or when the expense of keeping it in custody
together with the amount to be levied is likely to exceed its
value, the President or officer by whom the warrant was
signed shall at once give notice to the person in whose
possession the property was when seized to the effect that it
will be sold at once, and shall sell it accordingly unless the
amount named in the warrant be forthwith paid.
(2) If not sold at once under sub-section (1), the
property seized or a sufficient portion thereof may, unless
the warrant is suspended by the person who signed it, or
the sum due by the defaulter together with all costs,
incidental to the notice, warrant, and distress and detention
of the property is paid, be, on the expiry of the time
specified in the notice served by the officer executing the
warrant, sold by public auction under the orders of the
Board and the proceeds, or such part thereof as shall be
requisite, shall be applied in discharge or the sum due and
of all such incidental costs as aforesaid.
(3) The surplus, if any, shall be forthwith credited to the
District Fund, notice of such credit being given at the same
time to the person from whose possession the property was
taken. But if the same be claimed by written application to
the Board within one year from the date of the notice, a
refund thereof shall be made to such person. Any sum not
Sale of goods
distrained.
Application of
proceeds of sale.
Surplus, if any,
how dealt with.
86 [Act No.I of 1956]
claimed within one year from the date of such notice shall
be the property of the Board.
154. When the warrant is addressed outside the district, the
authority issuing the warrant may by endorsement direct the
President to whom or the Court to which the warrant is
addressed to sell the property distrained, and in such case it
shall be lawful for such President or Court to sell the
property and do all things incidental to the sale, and the
foregoing provisions shall be modified accordingly. Such
President or Court shall, after deducting all costs of recovery
incurred, remit the amount recovered under the warrant to
the authority by whom it was issued.
155. Fees for—
(a) every notice issued under sub-section (3) of section
147,
(b) every distress made under section 152, and
(c) the costs of maintaining any live-stock seized under
the said section, shall be chargeable at the rates
respectively prescribed in the rules made in this behalf and
shall be included in the costs of recovery to be levied under
section 148.
156. (1) An appeal against any notice of demand issued
under sub-section (3) of section 147 may be made to the
Munsiff-Magistrate within whose jurisdiction the property,
occupation or thing in respect of which the sum claimed
falls. But no such appeal shall be heard and determined
unless—
(a) the appeal is brought within 30 days next after
service of the notice of demand complained of,
Distraint and sale
outside the
district.
Fees and costs
chargeable.
Appeal to Munsiff
Magistrate.
[Act No.I of 1956] 87
(b) an application in writing, stating the grounds on
which the claim of the Board is disputed has been made to
the Board within thirty days next after the presentation of a
bill under sub-section (1) of section 147, and
(c) the amount claimed from the appellant has been
deposited by him in the office of the Board.
(2) No second appeal shall lie from the decision of the
Munsiff-Magistrate but his decision shall be subject to
revision by the High Court.
157. All sums due on account of any tax imposed on lands
or buildings or on both shall, subject to prior payment of
land revenue, if any, due thereupon, be a first charge upon
the building or land in respect of which such tax is leviable,
and upon the movable property, if any, found within or upon
such building or land, and belonging to the person liable for
such tax:
Provided that no arrears of any such tax shall be
recovered from any occupier who is not the owner, if it has
been due for more than one year or for a period during
which such occupier was not in occupation.
158. (1) In the case of the non-payment on demand of any
toll leviable by a Board the person appointed to collect such
toll may seize any vehicle or animal on which the toll is
chargeable or any part of its burden which is of sufficient
value to satisfy the demand, and may detain the same. He
shall thereupon give the person in possession of the
property seized a list of the property together with a written
notice in the form of Schedule C that the said property will
be sold as shall be specified in such notice.
(2) When any article seized is subject to speedy and
natural decay, or when the expense of keeping it together
Liability of lands,
buildings, etc, for
tax.
Power to seize
animals, goods or
vehicles on non-
payment of toll.
Power to sell
property seized at
once.
88 [Act No.I of 1956]
with the amount of the toll chargeable is likely to exceed its
value, the person seizing such article may inform the person
in whose possession it was that it will be sold at once, and
shall sell it or cause to be sold accordingly unless the
amount of toll demanded be forthwith paid.
(3) If at any time before the sale is completed, the
person whose property has been so seized tenders the
amount of all expenses incurred, and of toll payable, the
property seized shall forthwith be released.
(4) If no such tender is made, the property may be sold,
and the proceeds of such sale shall be applied in payment
of such toll and of the expenses incidental to the seizure,
detention and sale.
(5) The surplus, if any, of the sale proceeds shall be
credited to the District Fund and may, on application made
to the Board in writing within three years next after the sale,
be paid to the person in whose possession the property was
when seized, and, if no such application is made, shall be
the property of the Board.
159. (1) The Board may lease the levy of any toll that may
be imposed under this Act by public auction or private
contract:
Provided that the lessee shall give security for the due
fulfilment of the conditions of the lease.
(2) When any toll has been leased under this section,
any person employed by the lessee to collect such toll shall,
subject to the conditions of the lease, have the powers
referred to in sub-sections (1) and (2) of section 158:
Provided that no article seized may be sold except
under the orders of the Board.
Release of
property on
payment.
Sale.
Surplus how dealt
with.
Farming of tolls.
Persons
employed by the
lessee of toll to
have power of
seizure.
[Act No.I of 1956] 89
(3) Any sum due from a lessee to a Board in respect of
any toll leased under this section may be recovered as an
arrear of land revenue.
160. For all sums paid on account of any tax under this Act,
a receipt stating the amount and the tax on account of which
it has been paid shall be tendered by the person receiving
the same.
161. Notwithstanding any other mode of recovery provided
by this Act, any arrear of any tax or any other money due to
the Board under this Act, any amount due to the Board
under a contract, agreement, lease, auction, security or
indemnity bond or otherwise and fine imposed under this
Act or the rules or bye-laws made thereunder together with
any sum on account of process fees which may be fixed by
rules made under this Act and with interest at a rate not
exceeding six and a quarter per centum per annum, shall
also be recoverable on the application of the Board as if it
were arrears of land revenue:
Provided that no interest shall be so recovered in any
case in which the competent Revenue Officer, for reasons to
be recorded in writing, considers it inexpedient that interest
should be charged.
162. No distraint shall be made for the recovery of any sums
due to a Board under sections 138 and 139 of this Act after
the expiry of six years from the date on which such sums
became due. The Board may within three years after the
expiry of the said period of six years institute a suit for the
recovery of such sums.
163. No refund of any tax shall be claimed by any person
otherwise than in accordance with the provisions of this Act
or the rules made thereunder.
Receipts to be
given for all
payments.
Recovery of
arrears of taxes
and other dues.
Limitation for
recovery
proceedings.
Refunds.
90 [Act No.I of 1956]
CHAPTER XI.
Officers and Servants of Boards.
164. Unless otherwise provided in this Act or prescribed
thereunder, the provisions of the Hyderabad Civil Service
Regulations for the time being in force relating to salaries,
leave, pensions, travelling allowances, retirement and all
conditions of service and the rules for the time being in force
reIating to the conduct of Government Servants and
inquiries into their conduct and punishment, shall apply to
the employees of the Board.
165. Subject to the provisions of this Chapter every Board
may appoint such officers and servants as it shall deem
necessary and proper for the efficient execution of its duties.
The Board shall from time to time prepare a schedule of the
staff to be so maintained setting forth their designations,
grades, salaries, fees and allowances and their respective
duties and may also determine which of the staff is to be
maintained permanently and which temporarily:
Provided that in so setting forth and determining the
grades, salaries, fees and allowances the Board shall have
regard to the arangements prevailing and the schedule or
rates in vogue in the establishments of the Government:
Provided further that the Government may by rules or by
an order give directions regulating the creation of posts,
appointments, transfers, punishments and sanction of leave
to the employees, the exercise of the powers of the Board
by the President or Vice-President and the classes of
employees who shall have a right of appeal against any
orders passed by the Board or President or any other
authority and the authorities to whom such appeal shall lie.
Application of the
Hyderabad Civil
Service
Regulations and
certain other
rules.
Appointment of
officers and
servants.
[Act No.I of 1956] 91
166. (1) There shall be constituted for the purposes of this
Act and of any other law for the time being in force
regulating the duties and powers of Municipal Corporations,
Municipalities and Mines Boards of Health, Hyderabad Local
Government Service consisting of such officers and servants
including Executive Officers, Local Government Engineers,
Water Works Engineers, Supervisors, Sanitary Inspectors
and such other posts as may be deemed necessary. The
powers of appointment, transfer, dismissal, taking any
disciplinary action against the officers belonging to the said
service and of prescribing conditions of their service shall
vest exclusively in the Government.
(2) Notwithstanding the provisions of sub-section (1), a
Board may, if it deems necessary, by a resolution
recommend to the Government, giving a copy thereof to the
Collector, for taking such disciplinary action as may be
required against an officer or servant belonging to the said
service in respect of any act of misconduct committed by
him:
Provided that two-thirds of the whole number of
members of the Board vote in favour of such a resolution.
(3) There shall be constituted a Local Government
Service Fund to meet the expenditure in respect of salaries,
allowances, pensions, provident fund, gratuities and other
necessary expenses payable to the officers of such service
under the provisions of this Act or any other law for the time
being in force or rules made thereunder or under any orders
of the Government.
(4) Each Board shall contribute 8% of its revenues
towards the Local Government Service Fund constituted
under sub-section (3):
Hyderabad Local
Government
Service.
92 [Act No.I of 1956]
Provided that the Government may from time to time by
notification in the Official Gazette revise or alter the
percentage of the contribution towards the Local
Government Service Fund.
167. The Board may, subject to any rule or order made by
the Government delegate to its President or any other officer
subordinate to it, the power of appointing any officer or
servant of the Board other than the officers and servant in
the Hyderabad Local Government Service.
168. If in the opinion of the Government, the number of
employees maintained by a Board or whom a Board
proposes to maintain, or the remuneration assigned by the
Board to such employees or to any other person is
excessive, the said Board shall, on being required to do so
by the Government, reduce their number or remuneration.
169. The power of dismissing any officer or servant
maintained by a Board, save those borne on the Hyderabad
Local Government Service Cadre shall, subject to the
provisions of this Act and the rules made thereunder, vest,
in the Board.
170. Notwithstanding anything contained in this Chapter, the
Government shall have power to transfer any officer or
servant of a Board to the service of any other Board or any
Municipality constituted under the Hyderabad Municipal and
Town Committees Act, 1951, or to any Corporation
constituted under the 16[Hyderabad Municipal Corporations
Act, 1950] or to any Mines Board of Health:
Provided that such power shall be exercised after
consulting the local bodies concerned.
16. Repealed by Act No.II of 1956.
Delegation of
power to engage
officers and
servants.
Power of
Government to
prevent
extravagance in
establishment.
Punishment and
dismissal of the
employees.
Power of
Government to
transfer officers
and servants of
Board.
[Act No.I of 1956] 93
171. All Committees, Sub-Committees, members, officers
and servants of a Board shall in the exercise or discharge of
any functions delegated to them, be under the control of the
Board and the Board may, subject to any provisions of law
or rules made thereunder, where by the executive functions
of the Board are assigned to the President or any officer,
revise any order passed by any of its committees, sub-
committees, members, officers or servants.
172. Every member of a Board and every officer and servant
maintained by or employed under a Board shall be deemed
to be a public servant within the meaning of section 21 of
the Indian Penal Code.
CHAPTER XII.
Control.
173. (1) The Collector may enter and inspect, or cause to be
entered and inspected by any other officer authorised by
him, any immovable property of any work in progress under
the control and management of any Board.
(2) He may also-
(a) call for any extract from the proceedings of the
Board or any Committee appointed by such Board, and call
for or inspect any book or document in the possession of or
under the control of a Board or any officer of the Board or of
any Committee, Sub-Committee or Joint Committee;
(b) require any Board or any officer of the Board, or a
Committee, Sub-Committee or Joint Committee to furnish
any return, plan, estimate, statement, account, report or any
other information or statistics which he may consider
necessary; and
Residuary powers
of the Board over
subordinates.
Members,
Officers, etc., to
be public
servants.
Power of Collector
to inspect and call
for documents.
94 [Act No.I of 1956]
(c) require a Board to take into its consideration-
(i) any objection which appears to him to exist to
the doing of anything which is about to be done by such
Board, or
(ii) any information furnished by him which appears
to him to necessitate the doing of a certain thing by such
Board and to make a written reply to him, within a
reasonable time, stating its reasons for doing or omitting to
do such thing.
174. (1) If it appears to the Collector that the Executive
Officer or any other Officer of a Board has made default in
carrying out any resolution of the Board, the said Collector
after giving such officer a reasonable opportuntty of
explanation, shall send a report thereon together with the
explanation, if any, or such officer to the Government and at
the same time forward a copy of the same to the Board.
(2) If in the opinion of the Collector, the execution of any
order or resolution of a Board, or the doing of anything
which is about to be done, or is being done by or on behalf
of a Board, is causing or likely to cause, injury or annoyance
to the public, or to lead to a breach of peace or is unlawful,
he may by order in writing, under his signature, suspend the
execution or prohibit the doing thereof.
(3) When a Collector makes any order under sub-
section (2) he shall forthwtth forward to the Government a
copy of the order with a statement of the reason for making
it; and it shall be in the discretion of Government, after
giving the Board a reasonable opportunity of explanation,
either to rescind the order or to direct that it may continue in
force with or without modification, permanently or for such
period as the Government thinks fit.
Collector’s power
of suspending
execution of
orders, etc., of
Board.
[Act No.I of 1956] 95
175. (1) In cases of emergency, the Government or the
Collector may direct or provide for the execution of any work
or the doing of any act, which the Board or any other officer
of the Board is empowered to execute or to do and the
immediate execution or doing of which is in the opinion of
the Government or Collector necessary for the safety of the
public, and may direct that the expenses of executing the
work or doing the act with a reasonable remuneration to the
person or persons appointed to execute or do it, shall be
forthwith paid by the Board.
(2) If the expense and remuneration are not so paid, the
Government or the Collector, as the case may be, may
direct the officer-in-charge of the treasury or bank in which
the District Fund is kept or the whole or a portion thereof is
deposited or lent on interest, to pay the expenses and
remuneration, or as much thereof as is possible, from the
balance of the amount of such fund in his hand.
(3) Such officer shall, so far as the funds to the credit of
the Board admit, be bound to comply with such order.
(4) In case the Collector uses the powers conferred on
him under this section he shall report such case to the
Government forthwith and send a copy of the report at the
same time to the Board for information. The Board shall,
thereupon, be entitled to address the Government on the
Collector’s report.
176. (1) When Government is informed on complaint made
or otherwise that a Board has made default in performing
any duty imposed on it by or under this Act or by or under
any enactment for the time being in force the Government if
satisfied after due enquiry that the Board has been guilty of
the alleged default, may fix a period for the performance of
that duty:
Extraordinary
powers of
Government and
Collector in cases
of emergency.
Power of
Government to
provide for
performance of
duties in default of
Board.
96 [Act No.I of 1956]
Provided that no such period shall be fixed unless the
Board has been given an opportunity to show cause why
such orders shall not be made.
(2) If that duty is not performed within the period so
fixed the Government may appoint some person to perform
it, and may direct that the expense of performing it, with a
reasonable remuneration to the person appointed to
perform it, shall be forthwith paid by the Board.
(3) If the expense and remuneration arc not so paid, the
Government may make an order directing the officer-in-
charge of the treasury or bank in which the District Fund is
kept or the whole or portion thereof is deposited or lent on
interest, to pay such expenses and remenuration from such
moneys as may be standing to the credit of the Board in
such treasury or bank or as may from time to time, be
received from or on behalf of the Board by way of deposit
by such treasury or bank, and such officer or bank shall be
bound to obey such order. Every payment made pursuant
to such order shall be a sufficient discharge to such officer
or bank from all liability to the Board in respect of any sum
or sums so paid out of the money so received or standing to
the credit of the Board in such treasury or bank.
177. (1) If in the opinion of the Government, a Board
persistently makes default in performing the duties imposed
on it under this Act or any other law for the time being in
force or exceeds or abuses its powers or a situation exists in
which the administration of the Board cannot be carried on
in accordance with the provisions of this Act or the financial
stability or credit of the Board is threatened, it may, by
notification published in the Official Gazette, direct that the
Board be dissolved and reconstituted. The notification shall
specify the time within which the Board shall be
reconstituted:
Dissolution and
reconstitution of
Board.
[Act No.I of 1956] 97
Provided that, for the purpose of completing the
elections to a Board which has been dissolved, the
Government may from time to time, extend the time fixed
under this sub-section for its reconstitution.
(2) Before publishing a notification under sub-section
(1), the Government shall communicate to the Board
concerned the grounds on which they propose to do so, fix
a reasonable period for the Board to show cause against the
proposal and consider the explanations and objections, if
any, of such Board.
(3) Upon publication of such notification, all members of
the Board including its President and Vice-President shall
forthwith be deemed to have vacated their offices as such
and fresh election shall be held in accordance with the
provisions of this Act.
(4) The terms of office of the elected members of the
reconstituted Board or the members elected in their place at
casual vacancies shall expire on such date as the
Government may fix.
(5) During any interval between the dissolution and the
reconstitution of a Board under sub-section (1), all or any of
the powers of the Board and of its President may be
exercised and discharged, as far as may be and to such
extent as the Government may determine, by such person
or persons as the Government may appoint in that behalf;
and any such person, who is not a Collector or Deputy
Collector may, if the Government so direct, receive payment
for his service.
(6) When a Board is dissolved, the Government until the
date of reconstitution thereof and the reconstituted Board
thereafter, shall be entitled to all the assets and be subject
98 [Act No.I of 1956]
to all the liablities of the Board as on the date of dissolution
and on the date of the reconstitution respectively.
178. In all matters connected with this Act, or any other law
for the time being in force, if a Board makes default in
carrying out any order made by the Government or by any
authority other than the Board in the exercise of any of the
powers conferred by this Act or any rule made thereunder,
or by any other law for the time being in force, the
Government shall have all the powers necessary for the
enforcement of such order at the cost of the Board.
179. (1) In the event of any dispute arising between a Board
and any other Board or other local bodies on any matter in
which they are jointly interested, such dispute shall be
referred to Government whose decision shall be final.
(2) The Government may by an order or rules made
under this Act, regulate the relations between the Board and
other local bodies as aforesaid in matters in which they are
jointly interested.
180. (1) The Government may appoint, for the purposes of
this Act or of any other law for the time being in force
regulating the duties and powers of other local bodies, duly
qualified persons to be Divisional Engineers, Superintending
Engineers, Town Planning Officers, Architects, or Inspecting
or other officers for the whole or any part of the State and
may sanction such establishment for the said officers as
may be deemed necessary.
(2) The Officers and establishment appointed under
sub-section (1) shall belong to the Local Government
Service and their expenses shall be defrayed from the funds
pertaining to the Local Government Service established for
this purpose under section 166.
Power of
Government to
enforce order
passed by
Government or
other authorities.
Disputes between
Boards and other
Local Bodies.
Appointment of
technical and
inspecting officers
for whole of the
State.
[Act No.I of 1956] 99
181. The Government may by notification delegate any of its
powers under this Act, except the power to make rules, to
any authority which it may deem fit.
182. In all matters connected with this Act or the rules made
thereunder unless it is otherwise provided therein the
Government shall have and exercise over the Collectors and
the Deputy Collectors, and the Collectors and the Deputy
Collectors shall have and exercise over the officers
subordinate to them, the same authority and control as they
respectively have and exercise over them in the general and
revenue administration.
17[182-A. (1) When, on account of the constitution of a new
district under the Land Revenue Act, 1317 Fasli, or for any
other reason, the limits of a district are, during the term of
office of the members of the Board, altered, the Government
may, by order published in the Official Gazette, dissolve
such Board from a date specified in the order and direct a
Board-
(i) to be reconsituted for the district of which the
Board has been dissolved, or
(ii) to be established for a new district which has been
constituted.
The members of the Board which has been dissolved
shall vacate their offices from the date specified in the order.
(2) The Board reconstituted or established under the
provisions of sub-section (1) shall consist of members
nominated by the Government. Such members shall, so far
as may be practicable, in the opinion of the Government, be
17. Sections 182-A and 182-B inserted by Act No. XXXVIII of 1956.
Delegation of
powers by
Government.
Control of
Revenue Officers.
Power of the
Government to
dissolve and
reconstitute
District Boards on
the alteration of
limits of the
districts.
100 [Act No.I of 1956]
persons who were members of the Board which have been
dissolved under sub-section (1).
The President and Vice-President of the Board so
reconstituted or established shall be elected in the manner
provided in this Act.
(3) The members of the Board reconstituted or
established under the provisions of sub-section (2) shall
hold office for such period, not exceeding one year, as the
Government shall, by order in writing, specify.
(4) On the expiry of the period of office of the members
of a Board under the provisions of sub-section (3), a new
Board shall be constituted in the manner provided in section
6.
182-B. (1) When a Board has been dissolved and
reconstituted or established under the provisions of section
182-A, so much of the District Fund and other property
vesting in the Board which has been dissolved shall vest in,
and such portion of the debts and obligations shall be
transferred to the Board reconstituted or established under
section 182-A, as the Government may, by order in writing,
direct.
(2) All the rights and liablities of the Borad, which has
been dissolved, in respect of civil and criminal proceedings,
contracts, agreements, and other matters or things arising in
or relating to any part of the area subject to the authority of
the Board reconstituted or established, shall vest in such
Board.
(3) Any notification, notice, tax, order, scheme, licence,
permission, rule, by-law or form made, issued or imposed
by the Board which has been dissolved, in respect of any
part of the area subject to the authority of the Board which
Vesting of
property, etc., of
Boards which
have been
dissolved, in
reconstituted
Board.
[Act No.I of 1956] 101
has been reconstituted or established, shall be deemed to
have been made, issued or imposed by such Board, unless
and until it is superseded by any notification, notice, tax,
order, scheme, licence, permission, rule, bye-law or form
made, issued or imposed by such Board.]
CHAPTER XIII.
Notices, Appeals and Procedure relating to Offences.
183. The service of every notice and bill under this Act on
any person or to any person to whom it is by name
addressed shall, in all cases not otherwise specially
provided for, in this Act, be effected by a Board or an officer
or servant or other person authorised by the Board in this
behalf or, on such terms as may be agreed upon, by any
officer or servant of the Government in the following
manner:—
(a) wherever it is practicable service shall be made by
delivering or tendering the notice or bill personally to the
person to whom it is addressed, unless he has an agent
empowered to accept service, in which case service on
such agent shall be sufficient.
(b) Where such person cannot be found and has no
agent empowered to accept service on his behalf, service
may be made on any adult male member of his family who
is residing with him.
Explanation.—A servant is not a member of the family
within the meaning of this clause.
(c) Where the serving officer delivers or tenders the
notice or bill to such person personally, or to an agent or
other person on his behalf, he shall require the signature of
the person to whom it is so delivered or tendered to an
acknowledgement of service.
Service of notices,
etc., addressed to
individuals.
102 [Act No.I of 1956]
(d) Where such person or his agent or such other
person as aforesaid refuses to sign the acknowledgement,
or where the serving officer, after using all due and
reasonable deligence, cannot find such person and there is
no agent empowered to accept service on his behalf, nor
any other person on whom service can be made, the
serving officer shall affix the notice or bill on the outer door
or some other conspicuous part of the house in which he
ordinarily resides or carries on business or personally works
for gain and shall then return the original to the authority
who issued the notice or bill with a report endorsed thereon
or annexed thereto stating that he has so affixed the copy,
the circumstances under which he did so, and the name
and address of the person (if any) by whom the house was
identified and in whose presence the copy was affixed.
(e) The serving officer shall, in all cases in which service
has been made under clause (c), endorse or annex, on or to
the original notice or bill, a return stating the time when and
the manner in which it was served, and the name and
address of the person (if any) identifying the person served
and witnessing the delivery or tender.
(f) Where the authority issuing the notice or bill is
satisfied that there is reason to believe that the person to
whom it is addressed is keeping out of the way for the
purpose of avoiding service, or that for any other reason the
notice or bill cannot be served in the ordinary way, such
authority shall order it to be served by affixing a copy thereof
in some conspicuous place in the office, and also upon
some conspicuous part of the house (if any) in which such
person is known to have last resided or carried on business
or personally worked for gain, or in such other manner as he
thinks fit. Service substituted by order of such authority shall
be as effectual as if it had been made on such person
personally. Where service is substituted by order of the
[Act No.I of 1956] 103
authority, the authority shall fix such time for the appearance
of the person as the case may require.
(g) Where the person to whom the notice or bill is
addressed resides out of the district and has no agent in the
district empowered to accept service, the notice or bill shall
be addressed to him at the place where he is residing and
sent to him by post, if there is postal communication
between such place and the place from which the notice or
bill is sent.
184. When any notice under this Act is required or permitted
by or under this Act to be served upon an owner or occupier
of any building or land, the service thereof, in cases not
otherwise specially provided for in this Act, shall be effected-
(a) by giving or tendering the notice to the owner or
occupier, or, if there be more owners or occupiers than one,
to any one of them;
(b) if no such owner or occupier be found then by giving
or tendering the notice to some adult male member of the
family of any such owner or occupier as aforesaid;
(c) if none of the means aforesaid be available then by
causing the notice to be fixed on some conspicuous part of
the building or land for which the same relates.
185. Every notice which this Act requires or empowers a
Board to give or to serve, either as a public notice or
generally, or by provisions which do not expressly require
notice to be given to individuals therein specified, shall be
deemed to have been sufficiently given or served if it has
been published by proclamation made by beat of drum in
the locality and a copy thereof has been posted to a notice-
board at the office of the Board or in such other public
buildings or places as the Board may decide, or has been
Service of notices
on owners or
occupiers of
buildings and
land.
Publication of
public and
general notices.
104 [Act No.I of 1956]
published in any newspaper having a circulation in the area
under the jurisdiction of the Board.
186. (1) No notice or bill shall be invalid merely on account
of any defect in the form.
(2) When any notice requires any act to be done for
which no time is fixed by this Act, the notice shall fix a
reasonable time for doing the same.
(3) In the event of non-compliance with the terms of the
notice the Board may take such action or such steps as may
be necessary for the doing of the act thereby required to be
done, and all the expenses thereby incurred by the Board
shall be paid by the person or persons upon whom a notice
was served, and shall be recoverable in the manner
provided in section 188.
187. Whoever disobeys or fails to comply with any lawful
direction given by any written notice issued by or on behalf
of a Board under any power conferred by this Act, or fails to
comply with the conditions subject to which any permission
was given to him by the Board shall, on conviction before a
Magistrate, If the disobedience of failure is not an offence
punishable under any other section, be liable to a fine not
exceeding fifty rupees and to a further fine not exceeding
five rupees for everyday during which the said disobedience
or failure continues after conviction:
Provided that when the notice fixes a time within which a
certain act is to be done, and no time is specified in this Act,
it shall rest with the Magistrate to determine whether the
time so fixed was reasonable time within the meaning of this
Act.
Defective form of
notice; fixation of
reasonable time
and consequence
of non-
compliance.
Punishment for
disobedience to
orders and
notices not
punishable under
any other section.
[Act No.I of 1956] 105
188. (1) Whenever under the provisions of this Act any work
is required to be executed by the owner or occupier any
building or land, and default is made in the execution of
such work, the Board may, whether any penalty is or is not
provided for such default, cause such work to be executed;
and the expenses thereby incurred shall, unless otherwise
expressly provided in this Act, be paid to it by the person by
whom such work ought to have been executed and shall be
recoverable in the same manner as an amount claimed on
account of any tax recoverable under Chapter X.
(2) If the defaulter be the owner of the building or land,
the Board may, by way of additional remedy, whether a suit
or proceeding has been brought or taken against such
owner or not, require, subject to the provisions of sub-
section (1), the payment of all or any part of the expenses
payable by the owner for the time being from the person
who then, or at any time thereafter, occupies the building or
land under such owner; and in default of payment thereof by
such occupier on demand, the same may be levied on such
occupier; and every amount so leviable shall be recoverable
in the same manner as an amount claimed on account of
any tax recoverable under Chapter X.
(3) Unless an occupier of any building or land neglects
or refuses upon requisition made to him for that purpose by
the Board truly to disclose the amount of his rent and the
name and address of the person to whom such rent is
payable, such occupier shall not be Iiable to pay in respect
of any expenses charged by this Act on the owner thereof
more money than-
(a) the amount of rent which is due from such
occupier for the building or land in respect of which such
expenses are payable at the time of the demand made upon
him, or
Board in default of
owner or occupier
may execute work
and recover
expenses.
Power to levy
charges on
occupier, who
may deduct the
same from his
rent.
Occupiers not to
be liable for more
than the amount
of rent due.
106 [Act No.I of 1956]
(b) the amount which, at any time after such demand
and notice not to pay the same to his landlord, has accrued
and become payable by such occupier :
Provided that the burden of proof that the sum
demanded of any such occupier is greater than the rent
which was due by him at the time of such demand, or which
has since accrued shall be upon such occupier :
Provided further that nothing herein contained shall
be taken to affect any special contract made between any
such occupier and the owner respecting the payment of the
expense of any such works as aforesaid.
189. If a dispute arises with respect to any expenses or
costs which are by this Act directed to be paid, the amount,
and if necessary the apportionment of the same, shall, save
where it is otherwise expressly provided in this Act, be
ascertained and determined by the Board and shall be
recoverable in the same manner as an amount claimed on
account of any tax recoverable under Chapter X.
Appeals
190. No appeal shall lie against any order made under this
Act except as provided for in this Act.
191. An appeal shall lie to the Collector from-
(a) an order under clause (iv) of sub-section (3) of
section 48;
(b) an order of assessment of any tax under Chapter X
other than the local cess, passed after giving the assessees
an opportunity to submit their objections and after hearing
the objections, if any, made by them;
Expenses or costs
how determined
and recovered.
Bar of appeal.
Appeals to
Collector against
certain orders.
[Act No.I of 1956] 107
(c) an order of refusal to refund any tax mentioned in
clause (b);
(d) an order suspending or cancelling the licence of a
private market under section 124;
(e) an order with regard to sources of water under
sections 84, 85, 86 and 88;
(f) an order under section 102 requiring permission to
erect or re-erect any building or to construct, establish or
instal any factory, machinery or manufacturing plant or
requiring any building, alteration, addition construction,
establishment or installation to be altered, demolished or
removed, as the case may be;
(g) an order of surcharge under para (e) of clause (xx) of
sub-section (2) of section 200.
192. An appeal under section 191 shall not be admitted
unless it is preferred within 60 days from the date of the
order appealed from:
Provided that an appeal may be admitted after the said
period if the appellant satisfies the Collector that he had
sufficient cause for not preferring the appeal within that
period.
193. (1) Every appeal under section 191 shall be preferred in
the form of a memorandum signed by the applicant or his
pleader and presented to the Collector or to such officer as
the Collector may appoint in this behalf. The memorandum
shall be accompanied by a copy of the order appealed
from.
(2) The memorandum shall set forth, concisely and
under distinct heads, the grounds of objection to the order
Limitation for
appeal.
Form of appeal
and stay of
proceedings and
of execution.
108 [Act No.I of 1956]
appealed from without any argument or narrative, and such
grounds shall be numbered consecutively.
(3) An appeal shall not operate as a stay of proceedings
under an order appealed from except so far as the Collector
may order, nor shall execution of an order be stayed by
reason only of an appeal having been preferred from the
order; but the Collector may for sufficient cause order stay
of execution of such order.
(4) No order for stay of execution shall be made under
sub-section (3) unless the Collector is satisfied-
(a) that substantial loss may result to the party
applying for stay of execution unless the order made;
(b) that the application has been made without un-
reasonable delay; and
(c) that security has been given by the applicant for
the due performance of such order as may ultimately be
binding upon him.
(5) Notwithstanding anything contained in sub-section
(4), the Collector may make an ex-parte order for stay of
execution pending the hearing of the application.
194. (1) The Collector, after hearing the parties or their
pleaders and referring to any part of the proceedings to
which reference may be considered necessary, shall record
his decision. Such decision may be for confirming, varying
or reversing the order from which the appeal is preferred.
The Collector may, if he thinks fit by order remand the case.
He shall have power to make any order which ought to have
been made and make such further order as the case may
require. The decision of the Collector on appeal shall be
final and no second appeal shall lie therefrom.
Decision of
Collector in
appeal.
[Act No.I of 1956] 109
(2) In every appeal the Collector may award costs in his
discretion. Costs awarded to a Board shall be recoverable
by the Board as though they were arrears of land revenue
due from the appellant. If the Board fails to pay any costs
awarded to an appellant within thirty days after the date of
the order for the payment thereof, the Collector may order
the persons having the custody of the balance of the District
Fund to pay the amount.
195. The Government may at any time for the purposes of
satisfying itself as to the legality or propriety of any order
passed by or as to the regularity of the proceedings of, any
Board or officer subordinate to the Government or Board
acting in the exercise of any power or authority conferred by
or under this Act, call for and examine the record of any
case pending before or disposed of by such officer and may
pass such order with reference thereto as it thinks fit:
Provided that no order shall be reversed unless notice
has been given to the parties interested to appear and be
heard in support of such order.
Procedure relating to offences.
196. (1) Unless otherwise expressly provided, no court shall
take cognizance of any offence punishable under this Act or
any rule or bye-law made thereunder except on the
complaint of, or upon information received from the Board
or any person authorised by the Board in this behalf.
(2) The Board may authorise any person to make
complaints or give information without previous reference to
the Board, either generally in regard to all offences against
this Act and any rules or bye-laws made thereunder or
particularly in regard to specified offences or offences of a
specified class. Such person may be authorised by virtue of
his office, if he is the President, Vice-President, Executive
Powers of
revision.
Cognizance of
offence.
110 [Act No.I of 1956]
Officer, Local Engineer, Civil Surgeon or Health Officer of
the district or the officer-in-charge of a Police station; in
other cases the authority shall be by name. The authority
shall in all cases be in writing and may, at any time, be
cancelled by the Board.
197. (1) The Board may direct any prosecution for any
public nuisance whatever, and may order proceedings to be
taken for the recovery of any penalties and for the
punishment of any person offending against the provisions
of this Act, or of any rule or bye-law thereunder and may
order the expenses of such prosecutions or other
proceedings to be paid out of the District Fund:
Provided that no prosecution for an offence under this
Act or any rule or bye-law thereunder shall be instituted
except within three months next after the commission of
such offence.
(2) Any prosecution under this Act or under any rule or
bye-law thereunder may, save as therein otherwise provided
be instituted before any Magistrate, and every fine or penalty
imposed under or by virtue of this Act or any rule or bye-law
thereunder, and also all claims to compensation or other
expenses for the recovery of which no special provision is
otherwise made in this Act, may be recovered on application
to such Magistrate, by the distress and sale of any movable
property within the limits of his jurisdiction belonging to the
person from whom the money is claimed.
198. (1) The Board or, with the authorisation of the Board its
President, Executive Officer or any sub-committee thereof
may compound any offence against this Act or any rule or
bye-law made thereunder which under the law for the time
being in force may legally be compounded.
Board may
prosecute.
Power to
compound
offence.
[Act No.I of 1956] 111
(2) On payment of the amount by way of composition
no further proceedings shall be taken or continued against
the defaulter in regard to the offence or alleged offence so
compounded.
(3) Authorisation under sub-section (1) to accept
composition for alleged offences may be given by the Board
either generally in regard to all offences under this Act and
the rules and bye-laws made thereunder or particularly in
regard only to specified offences or offences of a specified
class, and may, at any time, be withdrawn by the Board.
CHAPTER XIV.
Rules and Bye-laws.
199. (1) All rules for which provision is made in this Act shall
be made by the Government.
(2) Such rules may be general for all Boards or may be
special for the whole or any part of the area subject to the
jurisdiction of anyone or more Boards, as the Government
may direct.
(3) All rules shall be subject to previous publication and
shall be laid before the Legislature.
(4) In making any such rules the Government may direct
that a breach thereof shall be punishable with fine which
may extend to fifty rupees, and where the breach is a
continuing one with further fine, which may extend to five
rupees for every day after the first during which the breach
is proved to have been persisted in.
200. (1) In addition to any power specially conferred by this
Act, the Government may make rules generally for the
purpose of carrying into effect all or any provisions of this
Act.
General
provisions
regarding rules.
Matters as to
which rules may
be made.
112 [Act No.I of 1956]
(2) In particular and without prejudice to the generality
of the foregoing power, the Government may make rules
with regard to-
(i) the delimitation of constituencies, under section 7,
preparation and publication of list of voters under section 9,
mode, time and conduct of election of members, President
and Vice-President under sections 11 and 36, the time
within which and the manner in which return of election
expenses shall be lodged under section 14, the
consequences of not lodging such return and the filling of
casual vacancies under section 40;
(ii) the decision of doubts and dispute relating to the
election of members, the President and the Vice-President,
the evidence to be admitted, the procedure to be followed,
the powers to be exercised by the Election Tribunal in
making enquiries, including power to indemnify witnesses
against civil or criminal proceedings, and to enforce orders
made in such enquiries;
(iii) what shall constitute corrupt and illegal practices
under this Act at elections for the purpose of rendering such
elections void, and the disability to which persons found
guilty of such practices shall be liable, and providing in
which cases such disability may be removed;
(iv) the moving of no-confidence motion against
President or Vice-President under clause (c) of sub-section
(1) of section 37;
(v) the formation, constitution, procedure and term of
office or members of Committees and Sub-Committees and
the delegation to Sub-Committees of powers, duties and
functions with reference to sections 41, 42, 43 and 44;
[Act No.I of 1956] 113
(vi) the powers and functions of the President with
reference to section 45;
(vii) the conduct of business in meeting of Board and
interpellation by the members of the Board under Chapter
IV;
(viii) the independent authority which the Board may
exercise in respect of public institutions, maintained out of
its fund, with reference to section 68;
(ix) the transfer of immovable property under section
70;
(x) the powers of the Board to compromise any suit
instituted by or against the Board or any cliam or demand
with reference to section 79;
(xi) the duties and discretionary powers of a Board
with reference to sections 80 and 81;
(xii) the conditions for issue of licence under section
91;
(xiii) the provisions subject to which a place may be
used for the purposes mentioned in section 97 and the fees
for licences granted under that section;
(xiv) the provisions subject to which any building may
be erected or re-erected or a factory, workshop or work-
place may be established or installed under section 102;
(xv) the regulation of the lay-out, improvement and
development of rural areas and the manner in which a
regional or village plan or a local lay-out shall be sanctioned
by Government under section 103, and in particular
regarding—
114 [Act No.I of 1956]
(a) the authorities by whom a regional or village
plan or local lay-out shall be made and executed;
(b) the localities in the area concerned which shall
be notified as reserved for residential, factory or other
purposes;
(c) the prohibitions, restrictions, limitations and
conditions entailed by a notification under sub-section (1) of
that section on existing houses, factories, trades, business
and other things;
(d) the sanitary principles and building regulations
to be observed in drawing up plans and layouts;
(e) the regulation of the erection of buildings along
main and by-pass roads used for thorough traffic or
adjoining the area concerned;
(f) restriction on building in the interests of the
safety of aircraft using any aerodrome in or adjacent to the
area concerned;
(g) the streets or roads and the improvements
thereto provided in a plan or layout which shall be made or
carried out at the expense of the Board the owners of the
property or both;
(h) the levy of betterment, contributions by the
Board or other authority carrying out any regional or village
plan or local lay-out from the owner of any property the
value of which has increased or is likely to increase by
reason of the making of such plan or lay-out;
(i) the manner in which the expenses attendant
upon the making or execution of a regional or village plan or
local lay-out and the profits accruing therefrom shall be
[Act No.I of 1956] 115
apportioned between the Boards concerned or between
them and the Government;
(j) the regulation of the manner in and the extent to
which all documents and plans prepared in this behalf shall
be made accessible to the public;
(xvi) the regulation of public and private markets
under sections 121 and 123 and the collections of charitable
funds and subscription in the said markets;
(xvii) the conditions for issuing licences under section
123 and the fees which may be charged therefor under that
section;
(xviii) the meeting of expenditure from the District
Fund with reference to sub-section (2) of section 129;
(xix) the preparation and form of annual estimates of
income and expenditure, the date of submission of budget
estimates; and in particular the items of expenditure and the
apportionment of local cess after deducting administrative
and audit charges between various heads viz., General,
Education and Medical;
(xx) the accounts to be kept and statements to be
submitted and the audit of such accounts under section
133; and in particular regarding—
(a) financial powers of Boards and Officers;
(b) the appointments, payment and powers of
District Fund Auditors;
(c) the authorities to whom such auditors shall be
subject;
116 [Act No.I of 1956]
(d) the manner of audit and the way in which audit
reports are to be disposed of;
(e) the surcharging upon the Board or upon all or
any of its members or its officers and servants, or other
persons, for any improper expenditure of the Board’s Funds
or any loss or waste of the Board’s Funds or resources
caused by negligence, impropriety or dishonesty;
(f) the power of the Board and its President and the
other authorities to accord administrative sanction and of
Local Fund Engineers of all grades to accord technical
sanction, to estimates of public works;
(g) the manner in which estimates are to be
prepared, works executed and paid for;
(h) the payment of bills and charges generally;
(i) the fixation of instalments of arrears of sums due
to Boards and writing off of such sums as irrecoverable;
(j) the power to reappropriate within the budget
estimates;
(k) the control which may be exercised over Boards
in respect of financial matters generally and the authorities
who may exercise such control;
(xxi) the carrying out of the purposes provided for in
sections 135 and 136;
(xxii) the imposition and assessment of special tax
under section 138, the imposition and assessment and
maximum amounts or rates of taxes under section 139 and
for preventing evasion of assessment and payment, for the
[Act No.I of 1956] 117
payment of lumpsums in composition, and for fixing the fees
for-
(a) every notice of demand issued under sub-
section (3) of section 147;
(b) every distress made under section 152;
(c) the costs of maintaining any livestock seized
under the said section;
(xxiii) the refund of taxes under section 163 and the
limitation for such refunds;
(xxiv) the appointment, conditions of service, etc., of
officers and servants under section 165;
(xxv) the regulation of relations between Boards and
other local authorities, with reference to sub-section (2) of
section 179;
(xxvi) the appointment of technical and inspecting
officers and their establishment, their duties, powers and
conditions of service, the procedure to be followed for
paying salaries and allowances to them and their
establishment and the apportionment of expenses attending
the appointment and entertainment of such officers and their
establishment and other charges pertaining thereto or
arising therefrom, with reference to section 180;
(xxvii) the procedure to be followed in the
composition of offences under section 198;
(xxviii) the procedure to be followed in
correspondence between the Government and the Board;
118 [Act No.I of 1956]
(xxix) the guidance of Government and Board officials
in all matters connected with the administration of this Act
and for settling their mutual relations;
(xxx) the manner of publication of bye-laws made by
a Board under section 201;
(xxxi) the translation in local language of this Act, and
all rules and bye-laws made thereunder and their inspection
by any inhabitant;
(xxxii) the powers which may be exercised by
persons authorised under clause (b) of section 209; and
(xxxiii) any other matter which has to be, or may be,
prescribed.
201. (1) All bye-laws for which provision is made under this
Act shall be made by the Board at a special meeting and
shall be consistent with this Act and with the rules made
thereunder.
(2) A bye-law may be general for the whole area under
the jurisdiction of the Board or special for any part of such
area, as the Board may direct.
(3) Unless specially excepted in this Act from the
operation of this sub-section, no bye-law shall take effect
until it has been confirmed by the Government.
(4) Unless specially excepted in this Act from the
operation of this sub-section, no bye-law shall take effect
until it has been published in the manner prescribed by
rules under this Act;
(5) In making any bye-laws the Board may direct that a
breach thereof shall be punishable with fine which may
Bye-laws.
[Act No.I of 1956] 119
extend to fifty rupees, and when the breach is a continuing
one, with further fine which may extend to five rupees for
every day after the first during which the breach is proved to
have been persisted in.
202. In addition to any power of making bye-laws specially
conferred by this Act, a Board may make bye-Iaws-
(a) for defining limits and regulating the use and
management of, and for maintaining sanitary condition in
any public market, fair, agricultural or industrial show or
exhibition;
(b) for the management, maintenance and control of all
matters administered by the Board under sections 80 and
81;
(c) for regulating the use of public roads and the traffic
thereon and for securing cleanlines, security and order in
respect of the same;
(d) for protecting from injury or interference anything
within the limits of the Board jurisdiction or in the charge of
the Board being the property of the Government or of the
Board;
(e) for licensing brokers, commission agents, weigh-
men or measurers practising their calling in any public
market or fair, and fixing the fees leviable on them and the
conditions on which the licenses are to be granted and may
be revoked;
(f) for the appointment of persons to register sales of
animals in any public market or fair;
(g) for the appointment of a committee for any public
market, fair, agricultural or industrial show or exhibition, and
Matters as to
which bye-laws
may be made.
120 [Act No.I of 1956]
for the delegation to such committee of all or any of the
powers of the Board for the control and supervision of such
market, fair, show or exhibition; and
(h) generally for carrying out the purposes of this Act.
CHAPTER XV.
Miscellaneous.
203. Notwithstanding anything contained in this Act or in the
Hyderabad Village Panchayat Act, 1951 (here-inafter
referred to in this section as that Act), the Government may,
in consultation with the Board or Panchayat as the case may
be, by notification and subject to such restrictions and
conditions and to such control and revision as may be
specified therein direct—
(i) that any power or function vested in a Panchayat or
class of Panchayats generally by or under that Act, shall be
transferred to and be exercised or performed by a Board
within the area under its jurisdiction, or
(ii) that any power or function vested in a Board or
Boards generally by or under this Act shall be transferred to
and be exercised or performed by any Panchayat or class of
Panchayats within the area under its or their respective
jurisdiction, or
(iii) that any power or function vested in a Board under
this Act as well as in a Panchayat or class of Panchayats
generally under that Act, shall be exercised or performed
exclusively either by the Board or by the Panchayat or class
of Panchayats generally within the area under its or their
respective jurisdiction.
Power of
Government to
transfer powers
and functions of
Panchayats to
Boards and vice-
versa.
[Act No.I of 1956] 121
204. A copy of any receipt, application, plan, notice, order,
entry in a register or other document in the possession of a
Board shall, if duly certified by the legal keeper thereof, or
other person authorised by any bye-law in this behalf, be
received as prima facie evidence of the existence of the
entry or document, and shall be admitted as evidence of the
matters and transactions therein recorded in every case,
where, and to the same extent as the original entry or
document would, if produced, have been admissible to
prove such matters.
205. No officer or servant of the Board shall in any legal
proceeding to which a Board is not a party be required to
produce any register or document the contents of which can
be proved under the preceding section by a certified copy,
or to appear as a witness to prove the matters and
transactions recorded therein, unless by order of the Court
made for special cause.
206. The Board shall have the powers of a Civil Court for the
purpose of enforcing the attendance of witnesses and
compelling the production of documents and every person
required by the Board to furnish any information before it,
shall be legally bound to do so within the meaning of
section 176 of the Indian Penal Code, 1860 (XLV of 1860).
207. Every police officer employed within the jurisdiction of a
Board shall give immediate informaiion to the Board of any
offence committed against this Act or the rules or bye-laws
thereunder and shall be bound to assist all members,
officers and servants of the Board in the exercise of their
lawful authority.
208. (1) The Board may delegate all or any of its powers
under this Act, or the rules and bye-laws made thereunder
except the power to make bye-laws, to the President, the
Mode of proof of
records.
Restrictions on
summoning
servants of the
Board to produce
documents.
Power of Board to
call for evidence.
Powers and
duties of police in
respect of
offences and
assistance to
authorities.
Power of Board to
delegate its
powers.
122 [Act No.I of 1956]
Executive Officer or any other officer or servant of the Board,
or, with the approval of Government to any other officer.
(2) The Board shall have the power, at any time, to
rescind, modify or withdraw the powers so delegated.
209. Notwithstanding anything contained in the Hyderabad
Cattle Trespass Act, 1337 Fasli-
(a) the powers of the High Court and the Court of
Session under sub-section (3) of section 26 of the said Act,
shall be exercisable only in respect of cases under Chapter
IV & V of the said Act and in respect of all other cases under
the said Act, the said powers shall be vested in the Board;
(b) in respect of powers under the control or
management of a Board, the High Court shall have no
powers under sub-section (4) of section 26 of the said Act,
and the Government may authorise any person or persons
to exercise such of those powers as may be prescribed and
may, at any time withdraw such powers;
(c) the powers of the High Court under section 27 of the
said Act shall not be exercisable by the Court and the said
powers shall be exercised by the Government.
210. The Hyderabad District Boards Act, 1352 Fasli, is
hereby repealed:
Provided that-
(a) such repeal shall not affect the liability of any person
to pay any sum due from him under the said Act or the
validity or invalidity of anything done thereunder;
(b) all Boards constituted under the said Act including
interim Boards and those existing immediately before the
Effect of this Act
upon the
Hyderabad Cattle
Trespass Act V of
1337 Fasli.
Repeal and
savings.
[Act No.I of 1956] 123
coming into force of this Act shall be deemed to have been
established as Boards under this Act until such Boards are
constituted afresh in accordance with the provisions of this
Act; and the rights and liabilities of any such Boards shall be
vested in and attached to the Boards so deemed to have
been established;
and any appointment, notification, notice, tax, order,
permission, rule or bye-law made, issued or imposed in
respect of any such Board under the Act so repealed shall,
so far as it is not inconsistent with the provisions of this Act,
be deemed to have been made, issued or imposed under
the provisions of this Act, in respect of the Boards so
deemed to have been established under this Act unless and
until superseded by any appointment, notification, notice,
tax, order, permission, rule or bye-law made, issued or
imposed under this Act.
124 [Act No.I of 1956]
SCHEDULE A.
(See sub-section (3) of section 147)
FORM OF NOTICE OF DEMAND.
To
A.B.____________________residing at_________________
Take notice that the Board of _______________demands
from_____________________the sum of_______________due
from__________________on account of___________________
(here describe the property or other subject in respect of
which the tax is leviable)_________________________leviable
under_____________________________for the period
of_________________commencing on the______________day
of_____________19 , and ending on the_____________day
of_____________19 , and that if, within thirty days from the
service of this notice the said sum is not paid into the office
of the Board at___________________________, and sufficient
cause for non-payment is not shown to the satisfaction of
the Board a warrant of distress will be issued for the
recovery of the same with cost.
Dated this______________day of_____________19 .
(Signed)
BY ORDER OF THE BOARD OF
[Act No.I of 1956] 125
SCHEDULE B.
(See section 148).
FORM OF WARRANT
(Here insert the name of the officer charged with the
execution of the warrant).
Whereas A.B.__________________has not paid, and has
not shown satisfactory cause for the non-payment of the
sum of_______________due for the tax
______________for
the period__________commencing on the___________day of
____________19 , and ending with the___________day of
____________19 , and leviable under;
And whereas thirty days have elapsed since the service
on him of notice of demand for the same;
This is to command you to distrain, subject to the
provisions of sections 151 and 152 of the Hyderabad District
Boards Act, 1955 the goods and cattles of the said A.B. to
the amount of____________________being amount due from
him, as follows :-
Rs. a. p.
On account of the said tax …………..
For service of notice …………..
and forthwith to certify to me together with this warrant all
particulars of the goods seized by you thereunder.
Dated this______________day of_____________19 .
(Signed)
PRESIDENT
(or as the case may be, see section 149.)
Here describe the tax.
126 [Act No.I of 1956]
SCHEDULE C.
(See clause (c) of section 152 and sub-section (1) of section
158)
FORM OF INVENTORY AND NOTICE
To
A.B.___________________residing at__________________
Take notice that I have this day seized the goods and
chattles specified in the inventory beneath this, for the value
of_______________due for the tax
__________________for the
period commencing with the____________________day of
____________19 , and ending with the____________day of
____________19 , together with Rs.____________due as for
service of notice of demand and that unless within fifteen
days from the date of this notice you pay into the office of
the Board at__________________the said amount together
with the cost of recovery, the said goods and chattles will be
sold.
Dated this_________________day of__________19 .
(Signature of officer executing the Warrant).
INVENTORY.
(here state particulars of goods and chattles seized).
* * *
Here describe the tax.
- E:\Uploading PDF Documents\Uploading word 1951-1960\1956 - (14)\I of 1956 The Telangana District Board Act, 1955\Index.docx
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