LexThe Visakhapatnam Municipal Corporation Act, 1979.
Andhra Pradesh · state statute
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THE VISAKHAPATNAM MUNICIPAL CORPORATION ACT, 1979
ACT NO.19 OF 1979
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Definitions
3. Establishment of a Municipal Corporation for the city of
Visakhapatnam
4. Municipal Authorities
5. Constitution of Corporation
5A. Sanction of works contract
6. Andhra Pradesh Municipalities Act, 1965 not to apply to the
city
7. Application of the provisions of the Hyderabad M unicipal
Corporation Act, 1955 to the Corporation
7-A. Levy and collection of pipeline service charges
7-B. Levy and Collection of user charges for sewerage systems
8. Transitional provisions
9. Appointment of Special Officer
10. Power to remove difficulties
11. Power to make rules
12. Repeal of Ordinance 8 of 1979
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THE VISAKHAPATNAM MUNICIPAL CORPORATION ACT, 1979
ACT NO.19 OF 1979
[12th July, 1979]
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A MUNICIPAL
CORPORATION FOR THE CITY OF VISAKHAPATNAM.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Thirtieth Year of Republic of India as follows:-
1. Short title and commencement - (1) This Act may be called the
Visakhapatnam Municipal Corporation Act, 1979.
(2) It shall be deemed to have come into force on the 16th April, 1979.
2. Definitions- (1) In this Act, unless the context otherwise requires:-
(a) "Corporation" means the Municipal Corporation of
Visakhapatnam deemed to have been constituted under section 3;
(b) "Council" means the municipal council of Visakhapatnam;
(c) "Municipality" means the Visakhapatnam municipality;
(d) "Scheduled Castes" and "Scheduled Tribes" shall have the
meanings respectively assigned to them in clauses (24) and (25) of
article 366 of the Constitution of India.
1[(e) “Sewerage System” means, all structures, process, equipment
and arrangements to collect, treat and discharge waste water or
faecal sludge.’’.]
(2) All words and expressions used in this Act and not defined but
defined in the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956) ,
shall have the meanings respectively assigned to them in that Act.
3. Establishment of a Municipal Corporation for the city of
Visakhapatnam- (1) With effect on and from the commencement of this Act,
the local area included in the Visakhapatnam Municipality shall constitute the
city of Visakhapatnam for purposes of this Act; and from such commencement,
a municipal corporation shall be deemed to have been established for the said
city by the name of Visakhapatnam Municipal Corporation:
Provided that the Government may, from time to time, after consultation
with the Corporation, by notification in the Andhra Pradesh Gazette, alter the
limits of the city constituted under this sub -section so as to include th erein or
to exclude therefrom, the areas specified in the notification:
Provided further that the power to issue a notification under this sub -
section shall be subject to previous publication.
(2) The Corporation shall, by the said name, be a body corp orate, having
perpetual succession and a common seal with power to acquire, hold and
dispose of property and to enter into contracts and may by its corporate name,
sue and be sued.
(3) The Visakhapatnam Municipality functioning immediately before the
commencement of this Act shall be deemed to have been abolished from such
commencement.
4. Municipal Authorities- The municipal authorities charged with carrying out
the provisions of this Act shall be:-
(a) a Corporation;
(b) a Standing Committee;
1. Added by the Act No. 44 of 2020.
3
(c) a Commissioner.
5. Constitution of Corporation - 1 [(1) Subject to the provisions of
sub-section (2), the Corporation shall consist of such number of elected
members as may be notified from time to time by the Government in the
Andhra Pradesh Gazette, in accordance with such principles as may be
prescribed.]
(2) 2[XXXX]
3[(2-A) In addition to the members referred to in sub -section (1) and (1-A)
three persons having special knowledge or experience in Municipal
Administration of whom one shall be woman, be co -opted as members of the
Corporation in the prescribed manner by the members of the Corporation from
among the person who are registered voters in the Corporation and who are not
less than twenty-one years of age:
Provided that the members co-opted under this sub -section shall have
the right to speak in and otherwise to take part in the meetings of the
Corporation but shall not have right to vote.
(2-B) Two persons belonging to the minorities of whom one shall be
woman be co -opted as membe rs of the Corporation in the prescribed manner
by the members of the Corporation specified in sub -section (1) and (1 -A) from
among the persons who are registered voters in the Corporation and who are
not less than twenty-one years of age:
Provided that th e members co -opted under this sub -section shall have
the right to speak in and otherwise to take part in the meetings of the
Corporation but shall not have right to vote.]
4[(3) In the Corporation out of the total strength of elected Members, the
Government shall, subject to the rules as may be prescribed, by notification,
reserve, -
(a) such number of seats to be Scheduled Castes and Scheduled Tribes
as may be determined by them, subject to the condition that the number of
seats so reserved shall bear, as nearly as may be, the same proportion to the
total number of seats to be filled by direct election to the Corporation, as the
population of the Scheduled Castes, as the case may be, the Scheduled Tribes
in the Corporation bears to the total population of the Corporation, and such
seats may be allotted by rotation by different wards in the Corporation;
(b) one -third of the seats for the members belonging to the Backward
Classes; and such seats may be allotted by rotation to different wards in the
Corporation;
(c) not less than one -third of the total number of seats reserved under
Clauses (a) and (b) for woman belonging to the Scheduled Castes, Scheduled
Tribes or s the case may be, the Backward Classes;
(d) not less than one -third ( including the numbe r 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 the
Corporation shall be reserved for women and such seats may be allotted by
rotation to different Wards in the Corporation.
Explanation:- In this Section,-
(i) the expression ‘Scheduled Castes’ and ‘Scheduled Tribes’ shall have
the same meetings respectively assigned to them in Clause (24) and Clause (25)
of Article 366 of the Constitution of India;
1. Substituted by the Act No 14 of 2005.
2. Omitted by the Act No.5 of 2008.
3. Inserted by the Act No.29 of 2005.
4. Substituted by the Act No 14 of 2005.
4
(ii) the expression ‘Backward Classes’ means any socially and
educationally Backward Classes of citizens recognized by the Government for
the purpose of Clause (4) of Article 15 of the Constitution of India 1[without
reference to th e classification but including the creamy layer amongst suc h
Backward classes of citizens].
2[5A. Sanction of works contract:- The powers of the several authorities
of the Visakhapatnam Municipal Corporation and the Government to sanction
works contract shall be as follows, namely:
(i) Commissioner: Works contract for a value exceeding rupees twenty
lakhs;
(ii) Standing Committee: Works contract for a value exceeding rupees
twenty lakhs but not exceeding rupees fifty lakhs;
(iii) Corporation: Works contract for a value exceeding rupees
fifty lakhs but not exceeding rupees two hundred lakhs;
(iv) Corporation and the Government: Works contract for a value
exceeding rupees two hundred lakhs after approval of the
Corporation shall be submitted to the Government for sanction].
6. Andhra Pradesh Municipalities Act, 1965 not to apply to the city - (1)
Subject to the provisions of sub -sections (2) and (3), the Andhra Pradesh
Municipalities Act, 1965, shall, with effect on and from the commencement of
this Act, cease to apply to the local area compris ed within the City of
Visakhapatnam.
(2) Such cesser shall not affect:-
(a) the previous operation of the Andhra Pradesh Municipalities
Act, 1965 (Act 6 of 1965) in respect of the local area comprised
within the City of Visakahpatnam,
(b) any penalty, forfeiture or punishment incurred in respect of any
offence committed against the Andhra Pradesh Municipalities Act,
1965, or
(c) any investigation, legal proceedings or remedy in respect of
such penalty, forfeiture or punishment, and any such p enalty,
forfeiture or punishment may be imposed as if this Act had not
been passed.
(3) Notwithstanding anything contained in sub -section (1), all
notifications, rules, bye-laws, regulations, orders, directions and powers, made,
issued or conferred under the Andhra Pradesh Municipalities Act, 1965 (Act 6
of 1965), and in force at the commencement of this Act shall, so far as they are
not inconsistent with the provisions of this Act continue to be in force in the
local area comprised within the City of Visakhapatnam, until they are replaced
by the notifications, rules, bye -laws, regulations, orders, directions and powers
to be made or issued or conferred under this Act.
7. Application of the provisions of the Hyderabad Municipal Corporations
Act, 1955 to the Corporation - (1) Save as otherwise expressly provided
herein, all the provisions of the Hyderabad Municipal Corporations Act,
1955(Act II of 1956) (hereinafter in this section called "the said Act") including
the provisions relating to the levy an d co llection of any tax or fee except
Chapter V, sections 380, 381, 382, 383, 384, 385 and 387 in Chapter XI and
Chapter XIII thereof are hereby extended to and shall apply mutatis mutandis
to the Corporation and the said Act shall, in relation to the Corporation be read
and construed as if the provisions of this Act had formed part of the said Act.
(2) For the purpose of facilitating the application of the provisions of the
Hyderabad Municipal Corporation Act, 1955 (Act II of 1956) , to the
1. Added by the Act No. 7 of 2012;
2. Added by Act No. 15 of 2013, w.e.f. 5-8-2013.
5
Corporation, the Government may, by notification, make such adaptations and
modifications of the said Act and the rules and byelaws made thereunder
whether by way of repealing, amending or suspending any provision thereof, as
may be necessary or expedient and thereupon the said Act and the rules made
thereunder, shall apply to the Corporation subject to the adaptations and
modifications so made.
(3) Notwithstanding that no provision or insufficient provision has been
made under sub-section (2) for the adaptation of the provisions of the said Act,
or the rules made thereunder any court, tribunal or authority required or
empowered to enforce these provisions may, for the purpose of facilitating their
application to the Corporation, construe these provisions in such manner,
without affecting the substance, as may necessary or proper in regard to the
matter before the court, tribunal or authority.
1[7-A. Levy and collection of pipeline service charges: - The Government
may, by notification, direct the corporati on to levy and collect pipeline service
charge from every owner or occupier of a premises to which water connection
has been given at such rate as may be prescribed to the different categories as
may be specified in this regard to defray the capital cost o f pipeline service
works undertaken by the Corporation and the operation and maintenance of
the pipeline system from time to time:
Provided that no such charges shall be levied on the owner or occupier of
any premises situated in the areas which are not s erved by the pipeline system
of the Corporation.]
2[7-B. Levy and Collection of user charges for sewerage systems: The
Government may by notification, direct the Municipal Corporation to levy and
collect user charges from every owner or occupier of a premises served by the
Sewerage System of the Corporation at such rate and manner or method, to the
different categories specified therein to defray the capital and operation and
maintenance costs of sewerage and sewage treatment works under taken in the
Corporation:
Provided that it is obligatory on the part of the owner or occupier of the
premises falling in areas served, to get the premises connected to the sewerage
system.]
8. Transitional provisions - (1) All property, all rights of whatever kind used,
enjoyed or possessed by, and all interests of whatever kind owned by, or vested
in, or held in trust by or for the Council, with all rights of whatever kind used,
enjoyed or possessed by the said Council as well as all liabilities legally
subsisting against the said Council, shall, on and from the commencement of
this Act and subject to such directions as the Government may, by general or
special order, give in this behalf, pass to the Corporation.
(2) All arrears of taxes or other payment s by way of composition for a tax
or due for expenses or compensation, or otherwise due to the said Council at
such commencement may be recovered as if they had accrued to the
Corporation and may be recovered as if the said arrears or payments had
become due, under the provisions of this Act.
(3) 3[Save as otherwise provided in sub -section (3-A), all taxes, fees and
duties], which immediately before the commencement of this Act, were being
levied by the said Council, shall be deemed to have been levied by the
Corporation under the provisions of this Act and shall continue to be, in force
accordingly until such taxes, fees and duties are revised, cancelled or
superseded by anything done or any action taken under this Act.
4[(3-A) In the case of lands and buildings vested in the trustees of the
Visakhapatnam Port Trust, it shall be lawful for the Corporation to levy by
1. Added by A.P. Act 22 of 1990.
2. Inserted by the Act No. 44 of 2020.
3. Substituted by the Act No. 7 of 1986.
4. Inserted by the Act No. 7 of 1986.
6
resolution in any year, a property tax at the rate of four percentum of the
annual gross earnings of the said Trus t, in the year immediately preceding
such levy.]
(4) All proceedings taken by or against the Council or authority or any
person under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) ,
may be continued by or against the Corporation, authority or person as if the
said proceeding had been started under the provisions of this Act.
(5) Any action taken under the Andhra Pradesh Municipalities Act, 1965,
by any authority before such commencement shall be deemed to have been
taken by the authority c ompetent to take such action under this Act as if this
Act had then been in force.
(6) Notwithstanding anything in this Act, every officer or employee who,
immediately before such commencement was in the service of the municipality
shall be deemed to be an officer or employee of the Corporation:
Provided that -
(i) the terms and conditions applicable to such officers and
employees consequent on their absorption in the service of
the Corporation shall not be less favourable than those
applicable to such employees immediately before such
commencement, as respects pay and allowances, leave,
pension, gratuity, provident fund and age of superannuation;
and
(ii) the service rendered by any such officer or other
employee under the municipality upto such comme ncement
shall be deemed to be service under the Corporation and he
shall be entitled to count that service for the purpose of
increments, leave, pension, or provident fund and gratuity:
Provided further that any officer or other employee
serving in the municipality shall be given an option to be
exercised within such time and in such manner as may be
prescribed either to be absorbed in the service of the
Corporation or to be retained in the service constitute d,
under section 72 of the Andhra Pradesh Municipalities Act,
1965 (Act 6 of 1965) , or to be retrenched from the service of
the Municipality on such retrenchment benefits as may be
prescribed.
(7) Any division of the Visakhapatnam Municipality into wards made
under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) and in force
at the commencement of this Act shall, be deemed to be a division of the
Corporation.
(8) The electoral roll prepared for the Visakhapatnam Municipality under
the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) , and in force at
the commencement of this Act shall , be deemed to be the electoral roll for the
Corporation until a new electoral roll is prepared and published; and the part
of the said electoral roll relating to each ward of the municipality shall be
deemed to be the list of the electoral roll for the cor responding division of the
Corporation.
9. Appointment of Special Officer - (1) There shall be appointed by the State
Government, by a notification in the Andhra Pradesh Gazette, a Special Officer
to exercise the powers, perform the duties and discharge the functions of,-
(a) the Corporation,
(b) the Standing Committee; and
(c) the Commissioner.
7
1[(1-A) The Government shall cause election to be held to the
Corporation so that the newly elected councillors may come into office on
such date as may be specified by the Government in this behalf by a
notification in the Andhra Pradesh Gazette:
Provided that the Government may, from time to time, advance or
postpone the date specified under this sub -section and specify instead
another date:
Provided further that the term of office of the special officer shall
expire on the date of election of the Mayor.]
(2) The Special Officer shall exercise the powers, perform the duties and
discharge the functions of the Corporation until the elected councillors come
into office, of the Standing Committee until a Standing Committee is appointed
by the Corporation and of the Commissioner, until a Commissioner is
appointed by State Government as the case may be, and any such officer may,
if the State Government so direc t, receive remuneration for his services from
the municipal fund.
(3) Until a new Special Officer is appointed by the G overnment under
sub-section (1) the Special Officer of the municipality functioning immediately
before the commencement of this Act shal l be deemed to be the Special Officer
of the Corporation and he shall exercise the same powers and perform the
same duties and discharge the same functions as those exercised, performed
and discharged by the Special Officer appointed under sub-section (1).
10. Power to remove difficulties - (1) If any difficulty arises in giving effect to
the provisions of this Act, the State Government may by notification in the
Andhra Pradesh Gazette, do anything not inconsistent with such provisions,
which appears to the m to be expedient or necessary for the purpose of
removing the difficulty.
(2) Every notification issued under this section shall be laid before both
Houses of the State Legislature as soon as may be after it is issued and if both
Houses agree in making any modification in the notification or in the
annulment of notification, the notification, shall thereafter have effect only in
such modified form or shall stand annulled, as the case may be, so however
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that notification.
11. Power to make rules- (1) The State Government may, by notification in the
Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it is not
in session in the session immediately following, for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if, before the expiration of the session in which it is so laid or the session
immediately following both Houses agree in making any modification in the
rule or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified in the Andhra Pr adesh Gazette, have
effect only in such modified form or shall stand annulled, as the case may be,
so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
12. Repeal of Ord inance 8 of 1979 - The Visakhapatnam Municipal
Corporation Ordinance, 1979, is hereby repealed.
1. Inserted by The Act No. 22 of 1981, 16.06.1981.