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The Andhra Pradesh Panchayat Raj Act, 1994.

Andhra Pradesh · state statute
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THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
ACT No. 13 OF 1994
ARRAMGEMENT OF SECTIONS SECTIONS
PART- I
PRELIMINARY
1. Short title and commencement
2. Definitions
PART –II GRAM PANCHAYAT
CHAPTER I
CONSTITUTION, ADMINISTRATION AND CONTROL OF GRAM
PANCHAYATS
3. Declaration of a village for the purposes of this Act
4. Constitution of Gram Panchayats for villages and their
incorporation
5. Township
6. Gram Sabha
7. Total strength of a Gram Panchayat
8. Election of Members
9. Reservation of seats of members of Gram Panchayat
10. Division of wards
11. Preparation and Publication of electoral roll for a Gram Panchayat
12. Rearrangement and republication of electoral rolls
13. Term of Office of members
14. Election and term of office of Sarpanch
15. Reservation of Office of Sarpanch
16. Fresh elections in certain cases
17. Qualifications of candidates
18. Disqualification of certain office holders etc.
19. Disqualification of candidates
19A. Diaqualification on ground of corrupt practice or election offences
19B. Disqualification for failure to lodge account of election expenses
20. Disqualification of members
20A. Disqualification of Sarpanch or Upa-Sarpanch for failure to
convene the meetings of Gram Sabha
20B. Disqualification of Sarpanch or Upa-Sarpanch for failure to close
audit of the accounts
21. Restoration of members to office
22. Authority to decide questions of disqualifications of members
22-A. Bar jurisdiction
23. Resignation of members, Upa-Sarpanch, Sarpanch
24. Cessation of Upa-Sarpanch
25. Powers and functions of the Sarpanch
26. Devolution and delegation of Sarpanch's powers and functions and
filling up of vacancies in the office of Sarpanch
27. Removal of temporary Sarpanch
28. Rights of individual members
29. No Sarpanch, Upa-Sarpanch or members to receive remuneration
30. Appointment of Executive Authoritysfor certain Gram Panchayats
31. Functions of Executive Authority
32. Functions of the Executive Authority
33. Emergency powers of Sarpanch
34. Exercise of functions of Executive Authority by Health Officer in
certain cases
35. Delegation of functions of Executive Authority
36. Officers and other employees of Gram Panchayat
37. Presidency at meetings
38. Minutes of proceedings
39. Power to call for records
40. Beneficiary committees and functional Committees
41. Proceedings of Gram Panchayats and Committees
42. Appointment of Joint Committees
43. Administration report
44. Powers of inspecting and superintending officers and of the
Government
CHAPTER II
POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS
45. Duty of Gram Panchayat to Provide for Certain Matters
46. Power of Gram Panchayat to provide for certain other matters
47. Maintenance of common dispensaries, child welfare centres etc.
48. Transfer of management of forests to Gram Panchayat
49. Transfer to Panchayats of institutions or works
50. Power of Commissioner of Land Revenue to transfer, resume
control of endowments and inams
51. Limitation of power to accept donations and trusts
52. Maintenance of cattle pounds
53. Vesting of public roads in Gram Panchayat
54. Collected sewage etc., belong to Gram Panchayat
55. Vesting of Communal property or income in gram panchayat
56. Maintenance of irrigation works, execution of kudimaramat etc.
57. Vesting of the management of ferries in Gram Panchayats etc
58. Certain Government porambokes to vest in Gram Panchayat etc.
59. Acquisition of immovable property required by Gram Panchayat
CHAPTER IV
TAXATION AND FINANCE
60. Taxes leviable by Gram Panchayats
61. House Tax
62. Levy of House Tax on a direction by Government
63. Tax on advertisements
64. Prohibition of advertisement without written Permission of
executive authority
65. Permission of the Executive Authority to become void in certain
cases
66. Owner or person in occupation to be deemed responsible
67. Removal of un-authorised advertisements
68. Collection of tax on advertisements
69. Duty on transfers of property
70. Vehicle tax
71. Special tax leviable by a Gram Panchayat
72. Composition of tax payable by owner of a factory or a contiguous
group of buildings
73. Power to write-off irrecoverable amounts
74. Gram Panchayat Fund
75. Expenditure, from Gram Panchayat Fund
76. Election expenses to be borne by the Government
77. Preparation and sanction of budget
78. Contribution to expenditure by other local authorities
79. Recovery of loans and advances made by the Government
CHAPTER V
PUBLIC SAFETY, CONVENIENCE AND HEALTH
80. Vesting of water works in Gram Panchayats
81. Setting apart of public tanks etc., for certain purposes
82. Prohibition against using places so set apart for purposes other
than those Notified
83. Contribution from persons having control over places of
pilgrimage etc.
84. Cleaning of Private Latrines
85. Registration of burial and burning grounds
86. Licensing of places for disposal of the dead
87. Provision of burning and burial grounds
88. A book to be kept of places registered, licensed or provided
89. Prohibition against burying or burning in unauthorised places
90. Notices to be given to Gram Panchayat of burials etc.
91. Prohibition against use of burial and burning grounds dangerous
to health or overcrowded with graves
92. Power to Control and administer stray dogs or pigs
93. Prohibition against allowing outflow of filth
94. Power as to sanitation and conservancy
95. Prohibition against working of quarry near public roads
96. Prohibition against destruction in or over public roads
97. Prohibition against and regulation of door, gate, bar or ground
floor window opening outwards
98. Removal of encroachments
99. Power to allow certain projections and erections
100. Prohibition of building on sewer, drain etc., without permission
101. Prohibition against making holes and causing obstruction in
public roads
102. Prohibition against planting or felling trees on public roads etc.,
without permission
103. Recovery of penalty and compensation for unauthorised
occupation of land
104. Public Markets
105. Licence for private markets
106. Fee for licence
107. Power exercisable by Executive Authority in respect of public
markets
108. Powers exercisable by Gram Panchayat in respect of private
markets
109. Decisions of disputes as to whether places are market
110. Prohibition of sale in unlicensed private market etc
111. Prohibition against sale in or upon public roads
112. Classification of markets
113. Vesting of places used as markets situated in estates taken over
by the Government
114. Classification of public roads, fairs and festivals etc.
115. Public landing places, cart-stands etc
116. Private cart-stands
117. Public slaughter houses
118. Prohibition or regulation of the use of places for slaughtering
animals and licensing of slaughterers
119. Purposes for which places may not be used without licence
120. Applications to be made for construction, establishment, or
installation of factory, workshop or work-place in which steam or
other power is to be employed
121. Construction of building
122. Power of Gram Panchayat to issue directions for abatement of
nuisance caused by steam or other power
123. Form of licences, notices, permissions
124. Power of Government to pass order or give directions
125. Modification of the Andhra Pradesh (Andhra Area) Places of
Public Resort Act, 1888
CHAPTER VI
GENERAL AND MISCELLANEOUS (GRAM PANCHAYATS)
126. Power to name streets and number buildings
127. General provisions regarding licences and permissions
128. Appeal from the order of Executive Authority
129. Limitation of time for appeal
130. Government and Market Committees not to obtain licences and
permissions
131. Time for complying with notice, order etc., and power to enforce
in default
132. Powers of entry and inspection
133. Testing of weights and measures
134. Power to call for information from Executive Authority
135. Limitation for recovery of dues
136. Persons empowered to prosecute
137. Power to compound offences
138. Prosecutions and compositions to be reported to Gram
Panchayat
138A. Notice of action against Gram Pranchayat
139. Assistance of police to the Gram Panchayat
140. Wrongful restraint of Executive Authority or his delegates
141. Punishment for obstructing Gram Panchayat
142. Penalty for not giving information or giving false information
SUPPLEMENTAL PROVISIONS
143. Special provisions in the case of new Gram Panchayats
144. Public roads, markets, wells, tanks etc., to be open to all
145. Power to farm out fees
146. Extension of provisions of Law relating to dstrict municipalities
or of rules thereunder
147. Transfer of functions of Gram Panchayats to other local
authorities or vice-versa
PART III
CONSTITUTION AND INCORPORATION, COMPOSITION, POWERS,
FUNCTIONS, ETC., OF MANDAL PRAJA PARISHADS
148. Constitution and incorporation of Mandal Praja Parishads
149. Composition of Mandal Praja Parishad
150. Division of Mandal into constituencies
151. Election of members from territorial constituencies
152. Reservation of seats of Members of Mandal Praja Parishad
153. Election, reservation and term of office of President and Vice-
President
153A. Resolution of disputes relating to cessation for disobedience of
party whip
154. Term of office of member of Mandal Praja Parishad
155. Qualification of candidates for election
156. Disqualifications
157. Resignation of President, Vice-President or Member
158. Permanent invitees to the meetings of the Mandal Praja Parishad
159. President of a Mandal Praja Parishad may invite certain persons
to attend its meetings
160. Rules for the conduct of the business at a meeting of a Mandal
Praja Parishad
161. Powers and functions of a Mandal Praja Parishad
162. Maintenance of common water works and other institutions
163. Power of Mandal Praja Parishad to call for documents from
the Mandal Praja Parishad Development Officer
164. Power of Mandal Praja Parishad to call for information from
Executive Authority
165. Powers and functions of the President and Vice-President
166. Right of individual members to draw attention in respect
of Mandal Praja Parishad etc
167. Powers and functions of the Mandal Praja
Parishad Development Officer
168. The Mandal Praja Parishad Development Officer and other
officers and staff of a Mandal Praja Parishad to be subordinate to
the Mandal Praja Parishad
169. Officers and other employees of Mandal Praja Parishad
170. Allowances for attending a meeting of the Mandal Praja Parishad
171. Mandal Praja Parishad Fund
172. Income and expenses of a Mandal Praja Parishad
173. Election expenses to be borne by the Government
174. Budget of Mandal Praja Parishad
175. Joint Committee of Mandal Praja Parishad and other local
authorities
176. Constitution, powers and functions of Joint Committee
PART – IV
CONSTITUTION, INCORPORATION, COMPOSITIONS, POWERS, FUNCTIONS
ETC., OF ZILLA PRAJA PARISHAD
177. Constitution, incorporation and composition of Zilla Praja
Parishad
178. Mandals to be territorial constituencies
179. Election of members from territorial constituencies
180. Reservation of seats of members ofZilla Praja Parishad
181. Election of Chairperson and Vice-Chairperson
181A. Resolution of disputes relating to cessation for disobedience of
party whip
182. Term of office of a member of a Zilla Praja Parishad
183. Qualification of candidates for election
184. Disqualifications
185. Resignation of Chairperson, Vice-Chairperson or member
186. Appointment of Chief Executive Authority and his powers and
functions
187. Standing Committees of a Zilla Praja Parishad
188. Permanent invitees to Zilla Praja Parishad
189. Special invitees
190. Rules for conduct of business at meetings
191. Power of Zilla Praja Parishad or its Standing Committee to call
for documents from Chief Executive Authority.
192. Powers and functions of the Zilla Praja Parishad
193. Powers and functions of Chairperson and Vice-Chairperson of
the Zilla Praja Parishad
194. Rights of individual members to draw attention in respect
of Zilla Praja Parishad works
195. Officers and other employees of the Zilla Praja Parishad
196. Allowances for attending meeting of a Zilla Praja Parishad or a
Standing Committee
197. Funds of the Zilla Praja Parishad
198. Income and expenses of a Zilla Praja Parishad
199. The Budget of the Zilla Praja Parishad
PART V
CONSTITUTION OF ANDHRA PRADESH ELECTION COMMISSION FOR
LOCAL BODIES CONDUCT OF ELECTION AND ELECTION OFFICERS
CHAPTER I
ELECTION COMMISSION AND CONDUCT OF ELECTIONS
200. Constitution of Andhra Pradesh Election Commission for Local
Bodies
201. Powers and functions of the Andhra Pradesh Election
Commissioner for Local Bodies
201A. Schedule of Conduct of Election
201B. Voting Machines at elections
202. Symbols for elections under the Act
202A. Reservations to Backward Classes
202B. Voter Identity Cards
203. Reservation of offices to cease on the expiration of the period
specified in Article 334
204. Injunctions not to be granted in election proceedings
205. Requisitioning of premises for election purposes
206. Payment of compensation
207. Power to obtain information
208. Eviction from requisitioned premises
209. Penalty for contravention of any order regarding requisitioning
210. Electoral officers and staff etc., deemed to be on deputation
CHAPTER II
ELECTION OFFENCES
211. Corrupt practices
212. Punishment for corrupt practices
213. Promoting enemity between classes in connection with election
214. Prohibition of public meetings before the date of poll
215. Disturbance at election meetings
216. Restrictions on the printing of pamphlets, posters etc.
217. Maintenance of secrecy of voting
218. Officers etc, at elections not to act for candidates or to influence
voting
219. Prohibition of canvassing in or near polling stations
220. Penalty for disorderly conduct in or near polling stations
221. Penalty for misconduct at the polling station
221A. Penalty for failure to observe procedure for voting
221B. Prohibition of going armed to or near a polling station
222. Breaches of official duty in connection with elections
223. Penalty for Government servants etc., for acting as election
agent, polling agent, or counting agent
224. Offence of both capturing
225. Removal of ballot papers or ballot boxes from polling stations to
be an offence
225A. Liquor not to be sold given or distributed on polling day
225B. Adjournment of poll in emergencies
225C. Fresh poll in the case of destruction etc., of ballot boxes
225D. Destruction, loss, etc., of ballot papers at the time of counting
226. Impersonation at elections
227. Other offences and penalties thereunder
228. Penalty for offences not otherwise provided for
229. Offences by companies
CHAPTER IIA
ELECTION EXPENSES
230. Application of Chapter
230A. Account of election expenses
230B. Loading of account with the District Election Authority.
CHAPTER III
MISCELLANEOUS ELECTION MATTERS VACATION OF SEATS AND
OFFICES
231. Adjournment of poll or countermanding of election on the
ground of booth capturing
232. Power to delegate
232A. Appointment of Observers
233. Election petitions
234. Prohibition of holding dual offices and vacation of seats
PART V
FINANCE COMMISSION
235. Constitution of Finance Commission
236. Qualifications for appointment as, and the manner of selection
of, members of the Commission
237. Personal interest to disqualify members
238. Disqualifications for being a member of the Commission
239. Term of office of members and eligibility for reappointment -
240. Conditions of service and salaries and allowances of members
241. Functions of the Commission
242. Procedure and powers of the Commission
PART VI-A
SPECIAL PROVISIONS RELATING TO THE PANCHAYATS, MANDAL PRAJA
PARISHADS AND ZILLA PRAJA PARISHAD LOCATED IN THE SCHEDULED
AREAS
242A. Application of this Part
242B. Declaration of village in Scheduled Areas
242C. Functions of Gram Sabha
242D. Reservation of seats of members of Gram Panchayat, Mandal
Praja Parishad and Zilla Praja Parishad and offices of
Sarpanches of Gram Panchayats and Presidents of Mandal
Praja Parishads
242E. Nomination of persons
242F. Acquisition of land in the Scheduled Areas
242G. Management of minor water bodies in the Scheduled Areas
242H. Minor minerals in the Scheduled Areas
242I. Powers and functions of Gram Panchayats and Mandal Praja
Parishads
PART – VII
MISCELLANEOUS
243. Transfer of powers and functions of District Board to Mandal
Praja Parishad and Zilla Praja Parishads
244. Application of the relevant District Boards Act to Mandal Praja
Parishadsand Zilla Praja Parishad
245. Motion of no confidence in Upa-Sarpanch, President or
Chairperson
246. Power to cancel or suspend resolution of a Gram Panchayat,
Mandal Praja Parishad or a Zilla Praja Parishad
247. Power of Government to take action in default of a Gram
Panchayat, Mandal Praja Parishad or a Zilla Praja Parishad
248. Power of Government to issue directions
249. Powers of Government to remove Sarpanch, President or
Chairperman etc.
249A. Not applicable to Sarpanch and Upa-Sarpanch
249B. Removal and deemed Removal of Sarpanch and Upa-Sarpanch
250. Powers of Government to dissolve Gram Panchayat, Mandal
Praja Parishad or Zilla Praja Parishad
250A. Special provision in the case of Mandal Praja Parishad and
Zilla Praja Parishad.
251. Acts of Gram Panchayats, Mandal Praja Parishad and Zilla Praja
Parishad not to be invalidated by informality, vacancy, etc.
252. Oath of allegiance
253. Administration report
254. Recovery of sums due to the Gram Panchayats, Mandal Praja
Parishads or Zilla Praja Parishad as arrears of land revenue
255. Power of entry of inspecting officers
256. Power to call for records etc
257. Protection of acts done in good faith
258. Chairperson, President, Sarpanch etc., to be public servants
259. Power of Mandal Praja Parishad andZilla Praja Parishad to make
bye-laws
260. Delegation of powers etc
261. Power to transfer institutions and works
262. Emergency Powers of the Government, Commissioner and
District Collector
263. Control over electrical undertakings of Gram Panchayats
264. Power of review and revision by Government
265. Liability of Sarpanch, President, Chairpersonetc., for loss, waste
or mis-application of property
266. Accounts and Audit
267. Assessments etc., not to be impeached
CHAPTER – VIII
RULES, BYE-LAWS AND PENALTIES
268. Power of Government to make rules for the purposes of this Act
269. Penalties for breach of rules
270. Bye-laws and penalties for their breach
271. General provisions regarding penalties specified in Schedules III
and IV
271A. Penalty for not handling over documents, moneys etc., to the
newly elected Sarpanch or Upa-Sarpanch of a Gram Panchayat
272. Recovery of amounts due as taxes
273. Adjudication of disputes between local authorities
274. Act to read subject to Schedules V and VI in regard to first
constitution or reconstitution etc
275. Power to remove difficulties
276. Repeal and savings
277. Amendment of Act 9 of 1989
278. Transitional provision in regard to elections
SCHEDULE - I
GENERAL POWERS AND FUNCTIONS OF PANCHAYATS
(SECTIONS 45, 161 AND 192)
SCHEDULE - II
POWERS AND FUNCTIONS OF THE *[MANDAL PRAJA PARISHAD]
(SECTIONS 161)
SCHEDULE III
ORDINARY PENALTIES
(SECTION 271)
SCHEDULE - IV
PENALTIES FOR CONTINUING BREACHES
(SECTION 271)
SCHEDULE - V
TRANSITIONAL PROVISIONS GRAM PANCHAYATS
(SECTION 274)
SCHEDULE - VI
TRANSITIONAL PROVISIONS *[MANDAL PRAJA PARISHADS] AND *[ZILLA
PRAJA PARISHAD]
(Section 274)
THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
ACT No. 13 OF 1994
[22nd April, 1994]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF GRAM
PANCHAYATS,1*[MANDAL PRAJA PARISHADS] AND2*[ZILLA PRAJA
PARISHADS] AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty-fourth Year of the Republic of India as follows:-
PART I
PRELIMINARY
1. Short title, extent,3[application] and commencement - (1) This Act may
be called the Andhra Pradesh Panchayat Raj Act, 1994.
(2) It extends to the whole of the State of Andhra Pradesh, except,-
(a) the Municipal Corporations governed by any law relating to
Municipal Corporations for the time being in force in the State;
(b) the Municipalities governed by the law relating to municipalities
for the time being in force in the State;
(c) A Notified Area declared under Section 389A of the Andhra
Pradesh Municipalities Act, 1965 (Act 6 of 1965);
(d) the mining settlements governed by the Andhra Pradesh
(Telangana Area) Mining Settlements Act, 1956 (Act XLIV of 1956);
and
(e) the cantonments governed by the Cantonments Act, 1924
(Central Act 2 of 1924).
4[(2A) In their application to the Scheduled Areas in the State as referred
to in clause (1) of article 244 of the Constitution of India, the remaining
provisions of this Act shall apply subject to the provisions of Part VIA of this
Act.]
(3) It shall come into force on such date and in such area as the
Government may, by notification in the Andhra Pradesh Gazette, appoint and
they may appoint different dates for different areas and for different provisions.
2. Definitions - In this Act, unless the context otherwise requires, -
(1) 'Andhra Area' means the territories of the State of Andhra Pradesh
other than the Telangana area;
(2) 'Backward Classes' means any socially and educationally Backward
Classes of citizens recognised by the Government for purpose of clause (4) of
article 15 of the Constitution of India;
5[XXXX]
6 [(3) 'Building' means any structure for whatsoever purpose and
whatsoever materials constructed, and every part thereof whether used for
1. *For the words “Mandal Parishad” or “Madal Parishads” wherever they occur, the words “Mandal Praja
Parishad” or “Mandal Praja Parishads” substituted respectively by the Act No. 41 of 2006, S.2.2. * For the words “Zilla Parishad” or “Zilla Parishads” wherever they occur, the words “Zilla Praja Parishad” or “Zilla
Praja Parishads” substituted respectively by the Act No. 41 of 2006, S.2.3. Inserted by the Act No.7 of 1998, S.2.4.  Inserted by the Act No.7 of 1998, S.2.5. Explanation omitted bythe Act No.5 of 1995, S.2, w.e.f. 30.12.1994.6. Substituted by the Act No. 1 of 2021, S.2, w.e.f. 20.02.2020.
human habitation or not. It includes foundation, Plinth, Walls, Floors, Roofs,
Chimneys, Plumbing and building services, fixed platforms, Verandah,
Balcony, Cornice or projection, part of a building or anything affixed thereto or
any wall enclosing or intended to enclose any land or space, and signs and
outdoor display structures. Tents, Pandals, shamiyanas/tarpaulin shelters not
be considered as buildings;”]
(4) 'Casual Vacancy' means a vacancy occurring otherwise than by efflux
of time, and'casual election' means an election held to fill a casual vacancy;
(5) ' 1 *[Chairperson]' means the *[Chairperson] of a *[Zilla Praja
Parishad] elected under Section 181;
(6) 'Chief2*[Executive Authority]’ means the Chief *[Executive Authority]
of the *[Zilla Praja Parishad] appointed under Section 186;
(7)'Collector' means any officer in-charge of a Revenue Division and
includes a Deputy Collector, a Sub-Collector and an Assistant Collector;
(8)'Commissioner' means any officer who is authorised by the
Government to exercise any of the powers or discharge any of the duties of the
Commissioner under this Act;
(9)'Company' means a Company as defined in the Companies Act, 1956,
(Central Act 1 of 1956) and includes a foreign company within the meaning of
section 591 of that Act;
(10) 'District Munsif' means the District Munsif appointed under the
Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972);
(11) 'Election Authority' means such authority not being a member or
office bearer of any local authority as may, by notification, be appointed by the3*[Andhra Pradesh Election Commissioner for Local Bodies];
4[(12) 'Executive Authority' means the Panchayat Secretary appointed to
each Gram Panchayat;]
(13)5[XXXX]
(14)'Factory' means a factory as defined in the Factories Act, 1948,
(Central Act 63 of 1948) and includes any premises including the precincts
thereof 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;
(15) 'Finance Commission' means the Finance Commission constituted
by the Governor under section 235;
(16)'Government' means the State Government;
(17) 'Gram Panchayat' means the body constituted for the local
administration of a village under this Act;
(18) 'Gram Sabha' means the gram sabha which comes into existence
under section 6;
(19) 'House' means a building or a hut fit for human occupation, whether
as a residence or otherwise and includes any shop, factory, workshop or
warehouse or any building used for garraging or parking buses or as a bus-
1. * The words “Chairperson” and “Vice-Chairperson” substituted for the words “Chairman” and
“Vice-Chairman” respectively wherever it occur by the Act No. 7 of 2001, S.7, w.e.f.23.08.2001.2. *The words “Executive Authority” substituted for the words “Executive Officer” and the words
“Executive Authority” for the words “*[Executive Authority]” respectively wherever it occur by
the Act No. 22 of 2002, S.12, w.e.f.20.06.2002.3. * The words “Andhra Pradesh Election Commission for Local Bodies” and “Andhra Pradesh
Election Commissioner for Local Bodies” substituted for the words “State Election Commission”
and “State Election Commissioner” respectively wherever they occur, by the Act No. 33 of 1998,
S.2.4. Substituted by the Act No. 22 of 2002, S.2, w.e.f.20.06.2002.5. Omitted by the Act No. 22 of 2002, S.2, w.e.f.20.06.2002.
stand, cattle shed (other than a cattle shed in an agricultural land, poultry
shed or dairy shed);
(20) 'Hut' means any building which is constructed principally of wood,
mud, leaves, grass, or thatch and includes any temporary structure of
whatever size or any small building of whatever material made, which the
Gram Panchayat may declare to be a hut for the purposes of this Act;
(21)'Latrine' includes privy, water closet and urinal;
(22) 'Mandal' means such area in a district as may be declared by the
Government by notification to be a Mandal under section 3 of the Andhra
Pradesh District (Formation) Act, 1974 (Act 7 of 1974);
(23) '*[Mandal Praja Parishad]' means,a *[Mandal Praja
Parishad] constituted or reconstituted under section 148;
(24)'*[Mandal Praja Parishad] Development Officer' means, the officer
appointed by that designation under section 168;
(25) 'Notification' means a notification published in the Andhra Pradesh
Gazette and the word'notified' shall be construed accordingly;
(26)'NUISANCE' includes any act, omission, place or thing which causes
or is likely to cause injury, danger, annoyance or offence to the sense of sight,
smell or hearing or disturbance to rest or sleep or which is or may be
dangerous to life, or injurious to health or property;
(27)'Ordinary Vacancy' means a vacancy occurring by efflux of time
and 'ordinary election' means an election held to fill an ordinary vacancy;
(28)'Owner' includes, -
(a) the person for the time being receiving or entitled to receive
whether on his own account or as agent, trustee, guardian,
manager or receiver for another person or for any religious or
charitable purpose, the rent or profits of the property in connection
with which the word is used; and
(b) the person for the time being in charge of the animal or vehicle
in connection with which the word is used;
1 [(28-A) 'Panchayat Secretary' means the "Panchayat Secretary"
appointed under Section 30;]
(29)'POPULATION' or 'population at the last census' means the
population as ascertained at the last preceding census of which the relevant
figures have been published;
(30)'PRESCRIBED' means prescribed by the Government by rules made
under this Act;
(31)'PRESIDENT' means the President of a *[Mandal Praja
Parishad] elected under Section 153;
(32) 'Private Road' means any street, road, square, court, alley, passage
or riding-path which is not a 'public road', but does not include a pathway
made by the owner of premises on his own land to secure access to, or the
convenient use of such premises;
(33) 'Public Road' means any street, road, square, court, alley, passage or
riding-path, over which the public have a right of way whether a thoroughfare
or not, and includes,-
(a) the roadway over any public bridge or causeway;
1. Inserted by the Act No.22 of 2002, S.2, w.e.f.20.06.2002.
(b) the footway attached to any such road, public bridge or cause-
way; and
(c) the drains attached to any such road, public bridge or cause-
way, and the land, whether covered or not by any pavement,
verandah or other structure, which lies on either side of the
roadway upto the boundaries of the adjacent property, whether
that property is private property or property belonging to
Government;
1[(34) 'Qualifying Date' in relation to the preparation and publication of
every electoral roll under this Act, means the first day of January of the year in
which it is so prepared and published;]
2[(34A) “Recognised Political Party” and “Registered Political Party” shall
have the meanings respectively assigned to them in the Election Symbols
(Reservation and Allotment) Order, 1968, issued by the Election Commission of
India under Article 324 of the Constitution of India and in the Registration of
Political Parties and Allotment of Symbols Order, 2001, issued by the State
Election Commission under Article 243-K of the Constitution of India;]
(35) 'Registered Voter' in the '*[Mandal Praja Parishad]' or 'registered
voter in the district' means a person whose name appears in the electoral roll
prepared and published under section 11 for any Gram Panchayat or Gram
Panchayats comprised in the Mandal or as the case may be, in the District;
(36) 'Residence', 'Reside' - A person is deemed to have his'residence' or
to 'reside' in any house if he sometimes uses any portion thereof as a sleeping
apartment, and a person is not deemed to cease to reside in any such house
merely because he is absent from it or has elsewhere another dwelling in which
he resides, if he is at liberty to return to such house at any time and has not
abandoned his intention of returning;
(37)'Sarpanch' means the Sarpanch of a Gram Panchayat elected under
Section 14;
(38) 'Scheduled Castes' and 'Scheduled Tribes' shall have the meaning
respectively assigned to them in clause (24) and clause (25) of article 366 of the
Constitution of India;
(39) '*[Andhra Pradesh Election Commission for Local Bodies]’ means the
*[Andhra Pradesh Election Commission for Local Bodies] constituted under
section 200;
(40)‘*[Andhra Pradesh Election Commissioner for Local Bodies]’means a
*[Andhra Pradesh Election Commissioner for Local Bodies] appointed by the
Governor under sub-section (2) of section 200;
(41) 'Telangana Area' means the territories specified in sub-section (1) of
section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(42) 'village' means any local area which is declared to be a village under
this Act;
3[(42a) ‘Ward’ meands a territorial division of a Gram Panchayat;]
(43) 'water-course' includes, any river, stream or channel, whether
natural or artificial;
(44) 'year' means the financial year;
1. Substituted by the Act No.26 of 2000, S.2, w.e.f. 31.07.2000.2. Inserted by the Act No. 22 of 2006, S.2.3. Substituted by the Act No. 1 of 2021, S.2, w.e.f. 20.02.2020.
(45)'*[Zilla Praja Parishad]' means a *[Zilla Praja Parishad] constituted
under section 177.
PART II
GRAM PANCHAYAT
CHAPTER I
CONSTITUTION, ADMINISTRATION AND CONTROL OF GRAM
PANCHAYATS
3. Declaration of a village for the purposes of this Act  - (1)
The1[Government] may, by notification and in accordance with the rules
made2[XXXX] ment in this behalf, declare any revenue village or hamlet
thereof or any part of a mandal to be a village for the purpose of this Act and
specify the name of the village.
Explanation - For the purposes of this sub-section the
expressions 'mandal' and 'revenue village' shall mean respectively any local
area which is recognised as a mandal or village in the revenue accounts of
Government after excluding therefrom the area, if any, included in -
(a) a municipal corporation governed by the relevant law relating to
Municipal Corporations for the time being in force in the State;
(b) a municipality governed by the law relating to Municipalities for
the time being in force in the State;
(c)a mining settlement governed by the Andhra Pradesh (Telangana
Area) Mining Settlements Act, 1956(Act XIV of 1956);
(d) a cantonment governed by the Cantonments Act, 1924( Central
Act, 2 of 1924);
(2) The3[Government] may, by notification and in accordance with such
rules as may be prescribed in this behalf -
(a) form a new village by separation of local area from any village or
by uniting two or more villages or parts of villages or by uniting
any local area to a part of any village:
4[Provided that the Government shall take into consideration
the financial viability of the Gram Panchayat, to be newly created
before bifurcation of the said Gram Panchayat, for the purpose of
providing a Panchayat Secretary.]
(b) increase the local area of any village;
(c) diminish the local area of any village;
(d) alter the boundaries of any village;
(e) alter the name of any village;
(f) cancel a notification issued under sub-section (1).
(3) The5[Government] may pass such orders as he may deem fit, -
(a) as to the disposal of the property vested in a gram panchayat
which has ceased to exist, and the discharge of its liabilities; and
(b) as to the disposal of any part of the property vested in a gram
panchayat which has ceased to exercise jurisdiction over any local
area, and the discharge of the liabilities of the gram panchayat
relating to such property or arising from such local area.
1. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.2. Omitted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.3. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.4.  Added by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.5. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.
An order made under this sub-section may contain such supplemental,
incidental and consequential provisions as the Commissioner may deem
necessary, and in particular may direct -
(i) that any tax, fee or other sum due to the gram panchayat
or where a gram panchayat has ceased to exercise
jurisdiction over any local area, such tax, fee, or other sum
due to the gram panchayat as relates to that area, shall be
payable to such authorities as may be specified in the
order;and
(ii) that appeals, petitions, or other applications with
reference to any such tax, fee or sum which are pending on
the date on which the gram panchayat ceased to exist or, as
the case may be, on the date on which the gram panchayat
ceased to exercise jurisdiction over the local area, shall be
disposed of by such authorities as may be specified in the
order.
4. Constitution of gram panchayats for villages and their incorporation -
(1) A gram panchayat shall be deemed to have been constituted for a village on
the date of publication of the notification under section 3 in respect of that
village and the Special Officer appointed under sub-section (1) of section 143
shall make arrangements for the election of the members and of the Sarpanch
of the gram panchayat as provided in that section.
(2) Subject to the provisions of this Act, the administration of the village
shall vest in the gram-panchayat, but the gram panchayat shall not be entitled
to exercise functions expressly assigned by or under this Act or any other law
to its sarpanch or executive authority, or to any other local authority or other
authority.
(3) Every gram panchayat shall be a body corporate by the name of the
village specified in the notification issued under section 3, shall have perpetual
succession and a common seal, and subject to any restriction or qualification
imposed by or under this Act or any other law, shall be vested with the
capacity of suing or being sued in its corporate name, of acquiring, holding and
transferring property, of entering into contracts, and of doing all things
necessary, proper or expedient for the purposes for which it is constituted.
5. Township - (1) The Government may declare, by a notification in the Andhra
Pradesh Gazette, a village or any other area to be a township if it is an
industrial or institutional colony, a labour colony, a project area, a health
resort or a place of religious importance.
(2) If the area declared as township under sub-section (1) comprises a
village or forms part of a village, the Commissioner shall, under sub-section (2)
of section 3, cancel the notification issued under sub-section (1) of that section
in respect of such village, or as the case may be, exclude such part from the
village.
(3) In regard to any area other than a place of religious importance
declared to be a township, the Government shall, by notification in the Andhra
Pradesh Gazette constitute a township committee, which shall consist of a
*[Chairperson] to be nominated by the Government and the following official
and non-official members, namely:-
A. OFFICIAL MEMBERS
(i) in regard to a township constituted for an industrial or
institutional colony, labour colony, project area or health
resort, the highest official representing the industry,
institution, project or health resort concerned;
(ii)the Chief *[Executive Authority] of the *[Zilla Praja
Parishad] concerned;
(iii) the Divisional Engineer, Electricity Board, in whose
jurisdiction the township is located;
(iv) the Executive Engineer, Panchayat Raj, of the Division in
which the township is located; and
(v) an officer of the Tourism Department wherever necessary
and in other cases an official representing the management
of the industry, institution, project or health resort
concerned as may be nominated by the Government; and
B. NON-OFFICIAL MEMBERS
(i) the Member of the Lok Sabha in whose constituency the
township is located;
(ii) the Member or Members of the Legislative Assembly in
whose constituency the township is located;
(iii) one woman member, who is a registered voter in the
township to be nominated by the Government; and
(iv) two persons who are registered voters in the township,
other than those persons specified in items (i) to (iii) and who
are specially qualified to assist and advise the Township
Committee on its various activities to be nominated by the
Government:
Provided that one of the Members to be nominated
under this clause shall be a member belonging to the
Scheduled Castes or Scheduled Tribes.
(4) The *[Chairperson] and the non-official members of the Committee
under items (iii) and(iv) of sub-section (3) shall hold office during the pleasure
of the Government and the official members and non-official members under
items (i) and (ii) of sub-section (3) shall hold office so long as they hold their
respective offices.
(5) A notification issued by the Government under sub-section (3) may
direct that any functions vested in a gram panchayat by or under this Act shall
be transferred to and performed by the township committee and shall provide
for-
(i) the restrictions and conditions subject to which the
township committee may perform its functions; and
(ii) any other matter incidental to, or connected with, the
transfer of the functions of a gram panchayat to the
township committee including the apportionment of the
revenues between the township committee and the gram
panchayat concerned or any contributions or compensation
that shall be paid by the township committee to the gram
panchayat concerned.
(6) Every township committee shall, in regard to the conduct of its
business, follow such procedure as may be prescribed.
(7) The Government may, by notification in the Andhra Pradesh Gazette
direct that any of the provisions of this Act or of the law relating to
municipalities for the time being in force, or of any rules made thereunder or of
any other enactment for the time being in force elsewhere in the State but not
in the village or local area of specified part thereof referred to in sub-section (1)
shall apply to that village, local area or part to such extent and subject to such
modifications, additions and restrictions as may be specified in the notification.
6. Gram Sabha - (1) There shall come into existence a gram sabha for every
village on the date of publication of notification under section 3.
(2) A gram sabha shall consist of all persons whose names are included
in the electoral roll for the gram panchayat referred to in section 4 and such
persons shall be deemed to be the members of the gram sabha.
(3) The gram sabha shall meet atleast twice in every year on such date
and at such place and time as may be prescribed to consider the following
matters which shall be placed before it by the gram panchayat, namely:-
(i) annual statement of accounts and audit report;
(ii) report on the administration of the preceding year;
(iii) programme of works for the year or any new programme
not covered by the budget or the annual programme;
(iv) proposals for fresh taxation or for enhancement of
existing taxes;
(v) selection of schemes, beneficiaries and locations; and
(vi) such other matter as may be prescribed.
The gram panchayat shall give due consideration to the suggestions, if
any, of the gram sabha.
(4) The gram sabha shall observe such rules of procedure at its meetings
as may be prescribed.
1[(5) Every meeting of the Gramsabha within 10 days from the date
prescribed under sub-section (3) shall be convened and presided over by the
Sarpanch or in his absence by theUpaSarpanch of the Gram Panchayat.]
7. Total strength of a Gram Panchayat - 2[(1)] A gram panchayat shall
consist of such number of elected members inclusive of its Sarpanch as may be
notified from time to time, by the Commissioner in accordance with the
following Table:-
TABLE
Gram Panchayatwith a Population at
the Last Census
Number of
members
(1) (2)
Upto 300 5
Exceeding 300 but not exceeding 500 7
Exceeding 500 but not exceeding 1,500 9
Exceeding 1,500 but not exceeding
3,000
11
Exceeding 3,000 but not exceeding
5,000
13
Exceeding 5,000 but not exceeding 15
1. Substituted by the Act No. 22 of 2002, S.4, w.e.f. 20.06.2002.2. Section 7 renumbered as sub-section (1) by the Act No. 16 of 1996, S.2, w.e.f. 08.02.1996.
10,000
Exceeding 10,000 but not exceeding
15,000
17
Exceeding 15,000 between 19 & 21
1[(2) The Member of the *[Mandal Praja Parishad] Territorial Constituency
shall be permanent invitee to the meetings of Gram Panchayats and he shall
have the right to speak in and otherwise to take part in the proceedings of any
meeting of the Gram Panchayat or Gram Panchayats functioning within the
local limits of the respective jurisdiction; but shall not, by virtue of this section
be entitled to vote at any such meeting.]
2 [(3) One representative from each category of Self Help
Group/Functional Group to be elected in a meeting of the Self Help
Group/Functional Group, which shall be presided over by the Sarpanch for co-
option in the manner prescribed. They shall have the right to speak in and
otherwise to take part in Proceeding of any meeting but they shall not be
entitled to vote at any such meeting.]
8. Election of Members - All members of the gram panchayat shall be elected
by the registered voters in the ward by the method of secret ballot and in
accordance with such rules as may be made in this behalf.
9. Reservation of seats of members of gram panchayat - (1) In every Gram
Panchayat, out of the total strength of elected members determined under
section 7, the Commissioner shall, subject to such rules as may be prescribed,
by notification, reserve -
(a) such number of seats to the Scheduled Castes and Scheduled
Tribes as may be determined by him, subject to the condition that
the number of seats so reserved shall bear, as nearly as may be,
the same proportion to the total number of seats to be filled by
direct election to the gram panchayat, as the population of the
Scheduled Castes, or as the case may be, Scheduled Tribes in that
village bears to the total population of that village, and such seats
may be allotted by rotation to different wards in a gram panchayat;
3[Provided that in the Tribal Habitations / Tribal Thandas
with 100% Scheduled Tribes Population constituted as villages, all
the wards of ’ such villages shall be reserved for Scheduled Tribes
only.]
(b)4[XXXX]
(c) not less than one-third of the total number of seats reserved
under5[clause (a) and sub-section (1A)] for women belonging to the
Scheduled Castes, Scheduled Tribes or as the case may be, the
backward classes;
(d) not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes, Scheduled Tribes
and backward classes) of the total number of seats to be filled by
direct election to every gr

Excerpt shown. Open the full act in Lexace.

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