The Andhra Pradesh Panchayat Raj Act, 1994.
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE 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.
Lex