LexThe Vijayawada Municipal Corporation Act, 1981.
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE VIJAYAWADA MUNICIPAL CORPORATION ACT 1981
ACT No. 23 OF 1981
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Definitions
3. Establishment of a Municipal Corporation for the city of Vijayawada
4. Municipal Authorities
5. Constitution of Corporation
5-A. Sanction of works contract
6. Andhra Pradesh Municipalities Act, 1965 not to apply to the city
7. Application of the provisions of the Hyderabad Municipal Corporations
Act, 1955 to the Corporation
7.A- Levy and collection of pipeline service charges
8. Transitional provisions
9. Appointment of Special Officer
10. Power to remove difficulties
11. Power to make rules
12. Repeal of Ordinance 7 of 1981
THE VIJAYAWADA MUNICIPAL CORPORATION ACT 1981
ACT No. 23 OF 1981
[1st December, 1981]
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A MUNICIPAL
CORPORATION FOR THE CITY OF VIJAYAWADA.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Thirty-second Year of Republic of India as follows:-
1. Short title and commencement - (1) This Act may be called the Vijayawada
Municipal Corporation Act, 1981.
(2) It shall be deemed to have come into force on the 6th June, 1981.
2. Definitions- (1) In this Act, unless the context otherwise requires,-
(a) "Corporation" means the Municipal Corporation of
Vijayawada deemed to have been constituted under section 3;
(b) "Council" means the Municipal Council of Vijayawada;
(c) "Government" means the State Government;
(d) "Municipality" means the Vijayawada Municipality;
(e) "Scheduled Castes" and "Scheduled Tribes" shall have the
meanings respectively assigned to them in clause (24) and (25) of
Article 366 of the Constitution of India;
1[(f) “Seweraga System” means, all structures, process , equipment
and arrangements to collect, treat and discharge wa ste 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 Vijayawada- (1)
With effect on and from the commencement of this Act, the local area included
in the Vijayawada Mun icipality shall constitute the C ity of Vijayawada for
purposes of this Act and on and from such commencement, a Municipal
Corporation shall be deemed to have been established for the said city by the
name of Vijayawada Municipal Corporation:
Provided that the Government may, from time to ti me, after consultation
with the Corporation, by notificatio n in the Andhra Pradesh Gazette alter the
limits of the city constituted under this sub -section so as to include therein or
to exclude therefrom, the areas specified in the notification;
Provided f urther 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 corporate, 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.
1. Added by Act 44 of 2020.
(3) The Vijayawada 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;
(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 a s may
be notified from time to time by the Government in the Andhra Pradesh
Gazette, in accordance with such principles a s may be prescribed.]
(2) 2[XXXXX]
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 women, be co -opted as members of the Corporation in the
prescribed manner by the members of the Corporation from among the persons
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 other wise 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 women be
co-opted as members 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 the members co -opted under this sub -section shall have
the right to speak in a nd 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 the Scheduled Castes and Scheduled Tribes
as may be determined by them, subject to the condition that the number
of seats so reserved shall bear, as nearly as may be, the same proportion
to the total number of seats t o 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;
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
(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 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 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 meanings re spectively assigned to them in Clause (24) and C lause
(25) of Article 366 o the Constitution of India.
(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 the classification but including the creamy layer amongst such
Backward classes of citizens.]]
(4) The total number of seats reserved under sub -section (3) shall not
exceed one-half of the strength of the Corporation as notified under sub-section
(1).
(5) The number of seats reserved in the Corporation for members of the
Scheduled Castes or members of the Scheduled Tribes, under sub -section (3),
shall bear to the strength of the Corporation as aforesaid, a proportion not less
than the population of the Scheduled Castes or of the Scheduled Tribes, as the
case may be, in the city, bears to the total population of the city.
(6) Not hing in this section shall be deemed to prevent members of the
Scheduled Castes or the Scheduled Tribes or women, for who seats are
reserved, from standing for election to the non -reserved seats in the
Corporation.
2[5A . Sanction of works contract - The powers of the several authorities of
the Vijayawada Municipal Corporation and the Government sanction works
contract shall be as follows, namely.
(i) Commissioner: Works contract for a value not 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;
1. Added by the Act No. 7 of 2012
2 . Added by the Act No. 15 of 2013
(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 comprised within the
city of Vijayawada.
(2) Such cesser shall not affect,-
(a) the previous operation of the Andhra Pradesh Mun icipalities
Act, 1965 (Act 6 of 1965) , in respect of the local area comprised
within the city of Vijayawada;
(b) any penalty, forfeiture or punishment incurred in respect of any
offence committed against the Andhra Pradesh Municipalities Act,
1965 (Act 6 of 1965); or
(c) any investigation, legal proceeding or remedy in respect of such
penalty, forfeiture or punishment, and any such penalty, forfeiture
or punishment may be imposed as if this Act had not been passed.
(3) Notwithstanding any -thing 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 a s they
are not inconsistent with the provisions of this Act continue to be in force in
the local area comprised within the city of Vijayawada 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 Corpor ation - (1) Save a s otherwise expressly provided
herein, all the provisions of the Hyderabad Municipal Corporations Act, 1955
(Act II of 1956)(hereinafter in this section called "this said Act") including the
provisions relating to the levy and collection 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 the Act had formed part of this 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 Corporation,
the Government may, by notification in Andhra Pradesh Gazette, make suc h
adaptations and modifications of the said Act and the rules and bye-laws 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 ma de 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 b e necessary or proper regard t o 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 Corporation of levy and collect pipeline service
charges from every owner or occupier of a premises to which water connection
has been given at such rate as may be prescribed to the different categories as
may be specified in this regard to the different categories as may be specified
in this regard to defray, the capital cost of 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 served 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 of 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 catego ries specified therein to defray, the capital and operation
and maintenance costs of sewerage and sewerage 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 o wned 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 fromthe commencement of
this Act and subject to such directions as the Government may, by genera l or
special order, give in this behalf, pass to the Corporation.
(2) All arrears of taxes or other payments, by way of composition for a
tax, or due for expenses or compensation, or otherwise due, to the said Council
at such commencement may be recovered as if they had accrued to the
Corporation, and as if the said arrears or payments had become due, under the
provisions of this Act.
(3) 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 according ly until such taxes, fees and duties
are revi sed, cancelled or superseded by anything done or any action taken
under this Act.
(4) All proceedings taken by or against the Council or authority or any
person under the Andhra Pradesh Municipalities Act, 196 5 (Act 6 of 1965),
may be continued by or against the Corporation, authority or person as if the
said proceedings had been started under the provisions of this Act.
1 . Added by the Act No. 22 of 1990
2 . Inserted by the Act No. 44 of 2020
(5) Any action taken under the Andhra Pradesh Municipalities Act, 1965
(Act 6 of 1965), b y any authority before such commencement shall be deemed
to have been taken by the authority competent to take such action under this
Act as if this Act had then been in force.
(6) Notwithstanding any thing 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 office rs 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 of other
employee under the municipality upto such
commencement shall be deemed to be the service under the
corporation and he shall be entitled to count that service or
the purpose of increments, leave, pension or provident fund
and gratuity:
Provided further that any officer or other employee
servicing in the Municipality shall be given an option to be
exercised within such time and in such manner as may be
prescribed eit her to be absorbed in the service of the
Corporation or to be retained in the service constituted
under section 72 of the Andhra Prades h Municipalities Act
1965 (Act 6 of 1965), or to be retrenched from the service of
the municipality on such retrenchmen t benefits as may be
prescribed.
(7) Any division of the Vijayawada 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 Vijayawada 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 corresponding division of the
Corporation.
9. Appointment of Special O fficer - (1) There shall be appointed by the
Government, by the 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.
(2) The Government shall cause elections 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.
(3) 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 the State Government as the case may be, and any such officer
may, if the Government so direct, receive remuneration for his services from
the municipal fund.
(4) Until a new Special Officer is appointed by the Government under
sub-section (1), the Special Officer of the municipality functioning immediately
before the commencement of this Act shall be deemed to be the Special Officer
of the Corporation and he shall exercise the same p owers 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 Government may, by notification in the Andhra
Pradesh Gazette, do anything not inconsistent with such provisions , which
appears to them to be expedient or necessary the purpo se of removing the
difficulty.
(2) Every notification issued und er this s ection 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 t he
annulment of the 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 this notification.
11. Power to make rules - (1) The Government may, by notification in the
Andhra Pradesh Gazette, make rules to carry out all or any 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 whi ch the
modification or annulment is notified in the Andhra Pradesh 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 Ordinance 7 of 1981 - The Vijayawada Municipal Corporation
Ordinance, 1981 is hereby repealed.