LexThe Telangana Panchayat Raj Act, 2018.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PANCHAYAT RAJ ACT, 2018.
(ACT No. 5 OF 2018)
ARRANGEMENT OF SECTIONS
Sections
PART-I
Preliminary
1. Short title, extent, application 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. Identification of Backward Class voters.
14. Term of office of members.
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15. Election and term of office of Sarpanch or Upa-
Sarpanch.
16. Training for the Sarpanches and Ward Members.
17. Reservation of office of Sarpanch.
18. Fresh elections in certain cases.
19. Qualification of candidates.
20. Disqualification of certain office holders etc.
21. Disqualification of candidates.
22. Disqualification on ground of corrupt practice of
election offences.
23. Disqualification for failure to lodge account of election
expenses.
24. Disqualification for failure to discharge the duties and
perform the functions of Gram Panchyat.
25. Disqualification of members.
26. Restoration of members to office.
27. Authority to decide questions of disqualification of
members.
28. Bar of Jurisdiction.
29. Resignation of Sarpanch, Upa-Sarpanch or
members.
30. Motion of no-confidence in Upa-Sarpanch.
31. Cessation of Upa-Sarpanch.
32. Functions, duties and responsibilities of the
Sarpanch.
33. Deemed removal of Sarpanch for failure to convene
the meetings of Gram Sabha.
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34. Deemed removal of Sarpanch and Panchayat
Secretary for failure to close and audit of the
accounts.
35. Power of Government to take action in default of a
Gram Panchayat.
36. Power to issue directions.
37. Powers of District Collector to remove Sarpanch and
intimate deemed removal.
38. Devolution and delegation of Sarpanch’s powers and
functions and filling up of vacancies in the office of
Sarpanch.
39. Removal of temporary Sarpanch.
40. Rights of Individual Members.
41. No Sarpanch, Upa-Sarpanch or members to receive
remuneration.
42. Appointment of Panchayat Secretary for a Gram
Panchayat.
43. Duties and Responsibilities of Panchayat Secretary.
44. Emergency functions of Sarpanch.
45. Employees of Gram Panchayat.
46. Meetings of the Gram Panchayat and presidency at
the meetings.
47. Minutes of proceedings.
48. Power to cancel or suspend a resolution of a Gram
Panchayat.
49. Standing Committees of Panchayats.
50. Administration Report.
51. Powers of inspecting and superintending officers and
of the Government.
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CHAPTER - II
DUTIES AND RESPONSIBILITIES AND PROPERTY
OF GRAM PANCHAYATS.
52. Duties and Responsibilities of Gram Panchayat.
53. Transfer of management of forests to Gram
Panchayats.
54. Transfer to Panchayats of Institutions or works.
55. Power of Government to transfer, resume, control of
endowments and inams.
56. Limitation of power to accept donations and trusts.
57. Maintenance of cattle pounds.
58. Vesting of public roads in Gram Panchayats.
59. Collected sewage etc., to belong to Gram Panchayat.
60. Vesting communal property or income in Gram
Panchayat.
61. Vesting of the management of ferries in Gram
Panchayat etc.
62. Certain Government Porambokes to vest in Gram
Panchayat etc.
63. Acquisition of immovable property required by Gram
Panchayat.
CHAPTER - III
TAXATION AND FINANCE
64. Taxes leviable by Gram Panchayat.
65. House Tax.
66. Levy of house-tax on a direction by Government.
67. Special tax leviable by a Gram Panchayat.
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68. Composition of tax payable by owner of a factory or a
contiguous group of buildings.
69. Power to write off irrecoverable amounts.
70. Gram Panchayat Fund.
71. Expenditure from Gram Panchayat Fund.
72. Election expenses to be borne by the Government.
73. Preparation and sanction of budget.
74. Contribution to expenditure by other local authorities.
CHAPTER - IV
PUBLIC SAFETY, CONVENIENCE AND HEALTH
75. Setting apart of public tanks etc., for certain
purposes.
76. Prohibition against the places so set apart for
purposes other than those notified.
77. Contribution from persons having control over places
of pilgrimage etc.,
78. Removal of rubbish or filth and debris.
79. Registration of burial and cremation grounds.
80. Licensing of places for disposal of the dead.
81. Provision of cremation and burial grounds.
82. A book to be kept of places registered, licensed or
provided.
83. Prohibition against burying or cremation in
unauthorized places.
84. Notices to be given to Gram Panchayat of burials.
85. Prohibition against use of burial and cremation
grounds dangerous to health or overcrowded with
graves.
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86. Power to control stray pigs or dogs.
87. Prohibition against allowing outflow of filth.
88. Power as to sanitation and conservancy.
89. Prohibition against working of quarry near public
roads.
90. Prohibition against obstruction in or over public
roads.
91. Prohibition against and regulation of door, gate, bar
or ground window opening outwards.
92. Removal of encroachment.
93. Power to allow certain projection and erections.
94. Prohibition of building on sewer, drain etc.,
95. Prohibition against making holes and causing
obstruction in public roads.
96. Prohibition against planting or felling trees on public
roads without permission.
97. No encroachment to be allowed on Gram Panchayat
properties.
98. Public markets.
99. License for private markets.
100. Fee for license.
101. Powers exercisable by Gram Panchayat in respect of
public markets.
102. Powers exercisable by the Gram Panchayat in
respect of private markets.
103. Decisions of disputes as to whether places are
markets.
104. Prohibition of sale in unlicensed private market.
105. Prohibition against sale in or upon public roads.
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106. Classification of markets.
107. Classification of public roads, fairs and festivals.
108. Public landing places, parking places and cart-
stands.
109. Private parking places and Cart-stands.
110. Public slaughter houses.
111. Prohibition or regulation of the use of places for
slaughtering animals and licensing of slaughterers.
112. Purposes for which places may not be used without
license.
113. Development of land and making of a layout.
114. Approval of building permissions.
115. Power of Gram Panchayat to issue directions for
abatement of nuisance or environmental pollution
caused by steam or other power.
116. Form of licenses, notices, permissions.
117. Power of Government to pass order or give
directions.
118. Authority to grant permission for temporary
recreation events.
CHAPTER - V
GENERAL, MISCELLANEOUS AND
SUPPLEMENTAL PROVISIONS (GRAM
PANCHAYATS)
119. Power to name streets and number buildings.
120. General provisions regarding licenses and
permissions.
121. Appeal from the order of Gram Panchayat.
122. Limitation of time for appeal.
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123. Government and Market Committees not to obtain
licenses and permissions.
124. Time for complying with notice, order and power to
enforce in default.
125. Powers of entry and inspection.
126. Testing of weights and measures.
127. Power to call for information from Village-Level
Functionaries of all Departments.
128. Persons empowered to prosecute.
129. Power to compound offences.
130. Prosecutions and compounding to be reported to
Extension Officer (PR&RD).
131. Notice of action against Gram Panchayat.
132. Assistance of police to the Gram Panchayat.
133. Wrongful restraint of Sarpanch or Panchayat
Secretary or their delegates.
134. Punishment for obstructing Gram Panchayat.
135. Penalty for not giving information or giving false
information.
136. Special provisions in the case of Gram Panchayats.
137. Public roads, markets, wells, tanks etc., to be open to
all.
138. Power to farm out fees.
139. Extension of provisions of law relating to District
Municipalities or of rules thereunder.
140. Transfer of functions of Gram Panchayats to other
local authorities or vice versa.
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CHAPTER - VI
CONSTITUTION, POWERS AND FUNCTIONS OF
TRIBUNAL FOR GRAM PANCHAYATS
141. Constitution, Powers and Functions of the Tribunal.
PART - III
CONSTITUTION AND INCORPORATION,
COMPOSITION, RESPONSIBILITIES, FUNCTIONS,
POWERS ETC., OF MANDAL PRAJA PARISHADS
142. Constitution and incorporation of Mandal Praja
Parishads.
143. Composition of Mandal Praja Parishad.
144. Division of Mandal into constituencies.
145. Election of members from territorial constituencies.
146. Reservation of seats of members of Mandal Praja
Parishad.
147. Election, reservation and term of office of President
and Vice-President.
148. Resolution of disputes relating to cessation for
disobedience of party whip.
149. Term of office of members of Mandal Praja Parishad.
150. Qualification of candidates for election.
151. Disqualifications.
152. Resignation of President, Vice-President or Member.
153. Permanent invitees to the meetings of the Mandal
Praja Parishad.
154. President of Mandal Praja Parishad may invite certain
persons to attend its meetings.
155. Rules for the conduct of the business at a meeting of
a Mandal Praja Parishad.
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156. Responsibilities, functions and powers of a Mandal
Praja Parishad.
157. Maintenance of common water works and other
institutions.
158. Power of Mandal Praja Parishad to call for
documents from the Mandal Parishad Development
Officer.
159. Power of Mandal Praja Parishad to call for
information from Gram Panchayat.
160. Responsibilities, Functions and Powers of the
President and Vice-President.
161. Right of individual member to draw attention in
respect of Mandal Praja Parishad.
162. Responsibilities, functions and powers of the Mandal
Parishad Development Officer.
163. The Mandal Parishad Development Officer and other
officers and staff of a Mandal Praja Parishad to be
subordinate to the Mandal Praja Parishad.
164. Officers and other employees of Mandal Praja
Parishad.
165. Allowances for attending a meeting of the Mandal
Praja Parishad.
166. Mandal Praja Parishad Fund.
167. Income and expenses of a Mandal Praja Parishad.
168. Election expenses to be borne by the Government.
169. Budget of Mandal Praja Parishad.
170. Joint Committee of Mandal Praja Parishad and other
local authorities.
171. Constitution, powers and functions of Joint
Committee.
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PART - IV
CONSTITUTION, INCORPORATION,
COMPOSITION, RESPONSIBILITIES, FUNCTIONS,
POWERS OF ZILLA PRAJA PARISHADS.
172. Constitution, incorporation and Composition of Zilla
Praja Parishad.
173. Mandal to be a territorial constituency.
174. Election of members from territorial constituencies.
175. Reservation of seats of members of Zilla Praja
Parishad.
176. Election of “Chairperson” and “Vice-Chairperson”.
177. Resolution of disputes relating to cessation for
disobedience of party whip.
178. Term of office of a Member of a Zilla Praja Parishad.
179. Qualification of candidates for election.
180. Disqualifications.
181. Resignation of Chairperson, Vice-Chairperson or
Member.
182. Appointment of Chief Executive Officer and his
responsibilities, functions and powers.
183. Standing Committees of a Zilla Praja Parishad.
184. Permanent invitees to Zilla Praja Parishad.
185. Special invitees.
186. Rules for conduct of business at meetings.
187. Power of Zilla Praja Parishad or its Standing
Committee to call for documents from Chief
Executive Officer.
188. Responsibilities, functions and powers of the Zilla
Praja Parishad.
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189. Responsibilities, functions and powers of
"Chairperson" and "Vice-Chairperson" of the Zilla
Praja Parishad.
190. Rights of individual members to draw attention in
respect of Zilla Praja Parishad works.
191. Officers and other employees of the Zilla Praja
Parishad.
192. Allowance for attending meeting of a Zilla Praja
Parishad or a Standing Committee.
193. Funds of the Zilla Praja Parishad.
194. Income and expenses of a Zilla Praja Parishad.
195. The Budget of the Zilla Praja Parishad.
PART - V
CONSTITUTION OF STATE ELECTION
COMMISSION, CONDUCT OF ELECTION AND
ELECTION OFFICERS.
CHAPTER - I
STATE ELECTION COMMISSION AND CONDUCT
OF ELECTIONS.
196. Constitution of State Election Commission.
197. Powers and functions of the State Election
Commissioner.
198. Notification and appointment of Returning Officers.
199. Voting Machines at Elections.
200. Symbols for elections under the Act.
201. Reservation to Backward Classes.
202. Voter Identity Cards.
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203. Reservation of offices to cease on the expiration of
the period specified in article 334 of the Constitution
of India.
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 deemed to be on
deputation.
CHAPTER - II
ELECTION OFFENCES
211. Corrupt practices.
212. Penalty for illegal hiring or procuring of conveyance
at elections.
213. Promoting enmity between classes in connection
with an 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.
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221. Penalty for misconduct at the polling station.
222. Penalty for failure to observe procedure for voting.
223. Prohibition of going armed to or near a polling
station.
224. Breaches of official duty in connection with elections.
225. Penalty for Government servants for acting as
election agent, polling agent or counting agent.
226. Offence of booth capturing.
227. Removal of ballot papers or ballot boxes from polling
stations to be an offence.
228. Liquor not to be sold, given or distributed on polling
day.
229. Adjournment of poll in emergencies.
230. Fresh poll in the case of destruction of ballot boxes.
231. Destruction, loss of ballot papers at the time of
counting.
232. Impersonation at elections.
233. Other offences and penalties thereunder.
234. Penalty for offences not otherwise provided for.
235. Offences by Companies.
CHAPTER - III
ELECTION EXPENSES
236. Application of Chapter.
237. Account of election expenses.
238. Lodging of account with the Mandal Parishad
Development Officer and Chief Executive Officer.
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CHAPTER - IV
MISCELLANEOUS ELECTION MATTERS,
VACATION OF SEATS AND OFFICES.
239. Adjournment of poll or countermanding of election
on the ground of booth capturing.
240. Power to delegate.
241. Appointment of Observers.
242. Election Petitions.
243. Prohibition of holding dual offices and vacation of
seats.
PART VI
FINANCE COMMISSION
244. Constitution of Finance Commission.
245. Qualifications for appointment as and the manner or
selection of members of the Finance Commission.
246. Personal interest to disqualify members.
247. Disqualifications for being a member of the Finance
Commission.
248. Term of office of members and eligibility for re-
appointment.
249. Conditions of service and salaries and allowances of
members.
250. Functions of the Finance Commission.
251. Procedure and powers of the Commission.
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PART VII
SPECIAL PROVISIONS RELATING TO THE
PANCHAYATS, MANDAL PRAJA PARISHADS AND
ZILLA PRAJA PARISHADS LOCATED IN THE
SCHEDULED AREAS.
252. Application of this Part.
253. Declaration of village in Scheduled Areas.
254. Functions of Gram Sabha.
255. Reservation of seats of members of Gram
Panchayats and Mandal Praja Parishads and Offices
of Sarpanches of Gram Panchayats and Presidents
of Mandal Praja Parishads.
256. Nomination of persons.
257. Acquisition of land in the Scheduled Areas.
258. Management of minor water bodies in the Scheduled
Areas.
259. Minor minerals in the Scheduled Areas.
260. Powers and functions of Gram Panchayats and
Mandal Praja Parishads.
PART - VIII
MISCELLANEOUS
261. Transfer of powers and functions of District Board to
Mandal Praja Parishads and Zilla Praja Parishads.
262. Application of the relevant District Boards Act to
Mandal Praja Parishads and Zilla Praja Parishads.
263. Motion of no-confidence in President or Chairperson.
264. Power to cancel or suspend resolution of a Mandal
Praja Parishad or a Zilla Praja Parishad.
265. Power of Government to take action in default of a
Mandal Praja Parishad or a Zilla Praja Parishad.
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266. Power of Government to issue directions.
267. Powers of Government to remove President or
Chairperson.
268. Powers of Government to dissolve Gram Panchayat,
Mandal Praja Parishad or Zilla Praja Parishad.
269. Special provisions in the case of Gram Panchayat,
Mandal Praja Parishad and Zilla Praja Parishad.
270. Acts of Gram Panchayats, Mandal Praja Parishads
and Zilla Praja Parishads not to be invalidated by
infirmity and vacancy.
271. Oath of allegiance.
272. Administration report.
273. Recovery of sums due to the Gram Panchayats,
Mandal Praja Parishads or Zilla Praja Parishads as
arrears of land revenue.
274. Power of entry of inspecting officers.
275. Power to call for records.
276. Protection of acts done in good faith.
277. Chairperson, President, Sarpanch to be public
servants.
278. Power of Mandal Praja Parishad and Zilla Praja
Parishad to make bye-laws.
279. Delegation of powers.
280. Power to transfer institutions and works.
281. Emergency powers of the Government,
Commissioner and District Collector.
282. Power of review and revision by Government.
283. Liability of Sarpanch, President, Chairperson for loss,
waste or misapplication of property.
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284. Accounts and Audit.
285. Assessment not to be impeached.
PART - VIII-A
SPECIAL PROVISIONS IN RESPECT OF
RESERVATIONS FOR THE SEATS AND OFFICES IN
GRAM PANCHAYATS, MANDAL PRAJA PARISHADS
AND ZILLA PRAJA PARISHADS.
285-A. Reservation of seats and offices in Gram Panchayats,
Mandal Praja Parishads and Zilla Praja Parishads.
PART - IX
RULES, BYE - LAWS AND PENALTIES
286. Power of Government to make rules for the purposes
of this Act.
287. Penalties for breach of rules.
288. Bye-Laws and penalties for their breach.
289. General provisions regarding penalties specified in
Schedules III and IV.
290. Penalty for not handing over documents, moneys to
the newly elected Sarpanch or Upa-Sarpanch of a
Gram Panchayat.
291. Recovery of amounts due as taxes.
292. Adjudication of disputes between local authorities.
293. Act to be read subject to Schedules V and VI.
294. Power to remove difficulties.
295. Repeal and Saving.
296. Amendment of Act 9 of 1989.
297. Transitional provision in regard to elections.
Schedule-I.
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Schedule-II.
Schedule-III.
Schedule-IV.
Schedule-V.
Schedule-VI.
Schedule-VII.
Schedule-VIII.
THE TELANGANA PANCHAYAT RAJ ACT, 2018.
ACT No. 5 OF 2018.
[30th March, 2018]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF GRAM
PANCHAYATS, MANDAL PRAJA PARISHADS AND
ZILLA PRAJA PARISHADS AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of
Telangana in the Sixty-ninth Year of the Republic of India as
follows:-
PART-I
Preliminary
1. (1) This Act may be called the Telangana Panchayat Raj
Act, 2018.
(2) It extends to the whole of the State of Telangana
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
Telangana Municipalities Act, 1965;
Received the assent of the Governor on the 29th March, 2018.
Short title, extent,
application and
commencement.
Act 6 of 1965.
2 [Act No.5 of 2018]
(d) the mining settlements governed by the
Telangana Mining Settlements Act, 1956; and
(e) the cantonments governed by the Cantonments
Act, 2006.
(3) 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 VII of this Act.
(4) It shall come into force on such date and i n such
area as the Government may, by notification in the
Telangana Gazette, appoint and they may appoint different
dates for different areas and for different provisions.
2. In this Act, unless the context otherwise requires,-
(1) ―Backward Classes ‖ means any socially and
educationally Backward Classes of citizens recognized by
the Government for purpose of clause (4) of article 15 of the
Constitution of India;
(2) ―building‖ includes a house, out-house, shop, stable,
latrine, shed (other than a cattle shed in an agricultural land)
poultry shed, farm house, hut, wall and any other such
structure whether of masonry, bricks, wood, mud, metal or
other material whatsoever;
(3) ―casual vacancy ‖ means a vacancy occurring
otherwise than by efflux of time, and ‗casual election‘ means
an election held to fill a casual vacancy;
(4) ―Chairperson‖ means the Chairperson of a Zilla Praja
Parishad elected under section 176;
Act XLIV of 1956.
Central Act 41 of 2006.
Definitions.
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(5) ―Chief Executive Officer ‖ means the Chief Executive
Officer of the Zilla Praja Parishad appointed under section
182;
(6) ―Collector‖ means any officer in -charge of Revenue
Division and includes a Deputy Collector, a Sub -Collector
and an Assistant Collector;
(7) ―Commissioner‖ means any officer who is authorized
by the Government to exercise any of the powers or
discharge any of the duties of the Commissioner under this
Act;
(8) ―Company‖ means a Company including a foreign
company as defined in the Companies Act, 2013;
(9) ―Election Authority‖ means such authority not being
a member or office bearer of any local authority as may, by
notification, be appointed by the State Election
Commissioner;
(10) ―Factory‖ means a factory as defined in the
Factories Act, 1948, and includes any premises including
the precincts thereof wherein any industrial, manufacturing
or trade process is carried on with the aid of steam , water,
oil, gas, electrical or any other form of power which is
mechanically transmitted and is not generated by human or
animal agency;
(11) ―Finance Commission ‖ means the Finance
Commission constituted by the Governor under section 244
of this Act;
(12) ―Government‖ means the State Government;
Central Act 18 of 2013.
Central Act 63 of 1948.
4 [Act No.5 of 2018]
(13) ―Gram Kantam‖ means a traditional dwelling area of
the village represented by part where there are no survey
numbers;
(14) ―Gram Panchayat‖ means the body constituted for
the local administration of a village under this Act;
(15) ―Gram Panchayat Tribunal ‖ means a Tribunal
constituted under section 141;
(16) ―Gram Sabha ‖ means the Gram Sabha which
comes into existence under section 6;
(17) ―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 garaging or parking buses or as a bus -
stand, poultry shed, farm house, cattle shed (othe r than a
cattle shed in any agricultural land) or dairy shed;
(18) ―Hut‖ means any building which is constructed
principally of wood, mud, leaves, grass, or thatch and
includes temporary structure of whatever size or any small
building of whatever materi al made, which the Gram
Panchayat may declare to be a hut for the purposes of this
Act;
(19) ―Junior Civil Judge ‖ means the Junior Civil Judge
appointed under the Telangana Civil Courts Act, 1972;
(20) ―Latrine‖ includes privy, water-closet and urinal;
(21) ―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 Telangana Districts (Formation) Act,
1974, excluding the areas covered under the Telangana
Municipalities Act, 1965 and the Municipal Corporations
Act 19 of 1972.
Act 7 of 1974.
[Act No.5 of 2018] 5
governed by any law relating to Municipal Corporations for
the time being in force in the State;
(22) ―Mandal Praja Parishad ‖ means a Mandal Praja
Parishad constituted or reconstituted under section 142;
(23) ―Mandal Parishad Development O fficer‖ means the
Officer referred to under section 162;
(24) ―Markets‖,-
(a) Private Market means any market other than a
public market;
(b) Public Market means any market owned,
constructed, repaired or maintained by a Gram Panchayat;
(25) ―Notification‖ means a notification published either
in the Telangana Gazette or as the case may be District
Gazette concerned 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 of 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 on behalf o f
another person as agent, trustee, guardian, manager or
6 [Act No.5 of 2018]
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;
(29) ―Panchayat Secretary ‖ means a person appointed
under section 42;
(30) ―Population‖ means population as per the latest
census of which the relevant figures have been published;
(31) ―Prescribed‖ means prescribed by the Government
by rules made under this Act;
(32) ―President‖ means the President of a Mandal Praja
Parishad elected under section 147;
(33) ―Private Road ‖ means any street, road, square,
Court, alley, passage, o r 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;
(34) ―Public Road ‖ means any street, road, square,
Court, alley, passage and includes,-
(a) the roadway over any public bridge or cause way;
(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 road way up to the boundaries of the
[Act No.5 of 2018] 7
adjacent property, whether that p roperty is private property
or property belonging to Government;
(35) ―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;
(36) ―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;
(37) ―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 t o return to such house at any time and has not
abandoned his intention of returning;
(38) ―Roznamcha‖ means a diary in which details of
strangers and non-residents are maintained;
(39) ―Sarpanch‖ means the Sarpanch of a Gram
Panchayat elected under section 15;
(40) ―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;
(41) ―State Election Commission ‖ means the State
Election Commission constituted under section 196;
8 [Act No.5 of 2018]
(42) ―State Election Commissioner ‖ means a State
Election Commissioner appointed by the Governor under
sub-section (2) of section 196;
(43) ―Technical Sanction Authority ‖ means an Urban
Development Authority as defined in clause (44) and the
Director, Town and Country Planning or such Authority as
notified by the Government;
(44) ―Urban Development Authority ‖ means such
authority as have been notified under the Telangana Urban
Development Authority Act, 1975 and shall also include
Hyderabad Metropolitan Development Authority or any other
Metropolitan Development Authority;
(45) ―Village‖ means any local area which is declared to
be a village under this Act;
(46) ―Village Organization ‖ is a federation of self help
groups formed at village level and registered under the
Telangana Mutually Aided Cooperative Societies Act, 1995;
(47) ―Ward‖ means a territorial division of a Gram
Panchayat;
(48) ―Water-course‖ includes any river, stream or
channel, whether natural or artificial;
(49) ―Year‖ means the financial year;
(50) ―Zilla Praja Parishad ‖ means a Zilla Praja Parishad
constituted under section 172.
Act 30 of 1995.
[Act No.5 of 2018] 9
PART - II
GRAM PANCHAYAT
CHAPTER - I
CONSTITUTION, ADMINISTRATION AND CONTROL OF
GRAM PANCHAYATS
3. (1) On and from the date of commencement of this Act,
all the villages specified in Schedule VIII shall stand and
deemed to have been declared as villages by the names
and jurisdiction specified in columns (4), (5), (6) and (7)
thereof, for the purposes of this Act.
(2) The Government may, subject to sub -section (3), by
notification, amend or alter the Schedule, so as to,-
(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;
(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) merge a village or a part of a village to any Nagar
Panchayat or Municipality or Municipal Corporation;
(g) remove a village from the purview of this Act;
(h) describe the area of the Village.
(3) A copy of every notification proposed to be issued
under sub -section (2), shall be laid, in draft, before each
Declaration of a
village for the
purposes of this
Act.
10 [Act No.5 of 2018]
House of the State Legislature, while it is in session, for a
total period of thirty days which ma y be comprised in one
session or in two or more successive sessions and if, before
the expiry of the session immediately following the session
or the successive sessions afore said, both the Houses
agree in disapproving the issue of notification or both the
Houses agree in making any modifications in the
notification, the notification shall not be issued or as the
case may be, shall be issued only in such modified form as
may be agreed upon by both the Houses of the State
Legislature.
(4) From the date of notification under sub -section (2),
the Schedule VIII shall stand amended or altered; as
notified.
(5) The Government may pass such orders as it 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 rela ting to such property or
arising from such local area;
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
[Act No.5 of 2018] 11
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 off by such authorities as may be
specified in the order.
(6) Any decision made by the Government under this
section shall not be questioned in a court of law.
4. (1) A Gram Panchayat shall be deemed to have been
constituted,-
(a) for every village which has been specified in
Schedule VIII, on and from the date following the date on
which the present term of the elected body of the existing
Gram Panchayat corresponding to the areas covered by
such village expires;
(b) for every village which has been specified in
Schedule VIII, where there is no elected body for the
existing Gram Panchayat corresponding to the areas
covered by such village as on the date of commencement of
this Act, on such date of commencement, and
(c) for any village added subsequently to Schedule
VIII by a notification in terms of section 3, from the date of
such notification.
(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
Constitution of
Gram Panchayats
for villages and
their
incorporation.
12 [Act No.5 of 2018]
exercise functions expressly assigned by or under this Act
or any other law to its Sarpanch, or t o any other local
authority, or other authority.
(3) Every Gram Panchayat shall be a body corporate by
the name of the village specified or subsequently included
as the case may be in Schedule VIII, 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. (1) The Government may declare, by a notification in the
Telangana 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
Government shall issue a notification in terms of sub-section
(2) of section 3 either to remove the 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 no tification in the Telangana Gazette constitute a
Township Committee, which shall consist of a ―Chairperson‖
and such number of members as nominated by the
Government and they would hold office during the pleasure
of the Government.
(4) A notification iss ued by the Government under sub -
section (3) may direct that any functions vested in a Gram
Township.
[Act No.5 of 2018] 13
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 tow nship committee and the Gram
Panchayat concerned or any contributions or compensation
that shall be paid by the township committee to the Gram
Panchayat concerned.
(5) Every township committee shall, in regard to the
conduct of its business, follow such procedure as may be
prescribed.
(6) The Government may, by notification in the
Telangana 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 an y 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. (1) There shall come into existence a Gram Sabha for
every village on the date of its formation 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.
Gram Sabha.
14 [Act No.5 of 2018]
(3) (a) Gram Sabha shall meet once in two months on
such day and at such place and at such time as fixed by the
Gram Panchayat, and in any case within a period of 10 days
from such date;
(b) the Sarpanch or in his absence the Upa-Sarpanch
shall convene such meetings of the Gram Sabha; and
(c) the Sarpanch or as the case may be the Upa -
Sarpanch as the convenor of meetings of the Gram Sabha
shall, invite the members of the Mandal Praja Parishad, the
Zilla Praja Parishad and the State Legislature representing
the area of the Gram Panchayat to such meetings.
(4) Every meeting of the Gram Sab ha shall be presided
over by the Sarpanch or in his absence the Upa -Sarpanch
or in the absence of both of them by one of the members of
the Gram Panchayat as decided by them.
(5) The Gram Panchayat shall place before the Gram
Sabha a report on the developmental programmes relating
to the Gram Panchayat during the previous period and
those that are proposed to be undertaken during the current
period, and the expenditure therefor, the annual statement
of accounts, audit report and the administration report of the
preceding year. If in any circumstances, any decision of the
Gram Sabha could not be implemented, the Sarpanch shall
report the reasons therefor, before the Gram Sabha.
(6) While conducting six Gram Sabhas in a year at least
two Gram Sabhas shall be conducted with a focus on
women, senior citizens and disadvantaged sections.
(7) The Panchayat Secretary shall with the approval of
the Gram Panchayat prepare and display the Agenda for the
Gram Sabha, in the manner prescribed and communicate
[Act No.5 of 2018] 15
agenda to the members with the subjects as mentioned in
sub-section (8).
(8) The following subjects may be reviewed by the Gram
Sabha:-
(a) Sanitation: Solid and liquid waste management,
safe disposal of garbage by converting it into compost;
promotion of open defecation free village.
(b) Maintenance of Street lights: Conservation of
Energy;
(c) Plantation and maintenance of trees under
different schemes in Gram Panchayat;
(d) Create Awareness on Family Welfare, Education,
Public Health, aboliti on of child labour, bonded labour,
social evils etc;
(e) Maintenance of internal roads, culverts and
drains;
(f) Maintenance of Community Assets – Common
sites, Public places, buildings, community halls, parks etc;
(g) Promoting Cultural activities – Fairs and festivals,
Sports and Games;
(h) The collection and compilation of details required
to formulate development plans of the Panchayat;
(i) Formulation of proposals and fixing of priority of
schemes and development programmes to b e implemented
in the Gram Panchayat;
16 [Act No.5 of 2018]
(j) Preparation of final list of eligible beneficiaries in
the order of priority relating to all the beneficiary -oriented
schemes on the basis of the criteria fixed;
(k) Rendering assistance to implement effective ly the
development schemes by providing facilities locally
required;
(l) Mobilizing voluntary service, Shramadanam and
contribution in cash or in kind for the development plans;
(m) Locating street lights, public taps, public wells,
public sanitation units, such other public utility schemes;
(n) Formulation of schemes to impart awareness on
matters of public interest like cleanliness, environmental
protection, pollution control and to create awareness on
health and hygiene;
(o) Promoting communa l harmony, unity and
goodwill among the people within the Gram Panchayat;
(p) Monitoring and rendering assistance to the
beneficiaries engaged in the developmental activities within
the area of the Gram Panchayat;
(q) Verifying the persons getting va rious kinds of
welfare assistance from the Government such as pensions
etc;
(r) Collection of information regarding the detailed
estimates of works proposed to be implemented in the
Gram Panchayat;
(s) Follow up action taken on the decisions of the
Gram Sabha and the detailed reasons for not implementing
any of the decisions;
[Act No.5 of 2018] 17
(t) Proposal of Gram Panchayat relating to fresh
taxation or enhancement of existing taxes;
(u) Promotion of adult education;
(v) Conservation and maintenance of public
properties;
(w) Promotion of self help group activities;
(x) Such other functions as may be prescribed from
time to time by the Government.
(9) The Gram Sabha shall have the right to know about
the budgetary provisions, the details of plan outlay, item
wise allocation of funds and details of the estimates and
cost of materials of works executed or proposed to be
executed within the area of the Gram Panchayat.
(10) The quorum for the Gram Sabha meetings shall be
as follows:
(i) Upto 500 voters .. 50 Members
(ii) 501 to 1000 voters .. 75 Members
(iii) 1001 to 3000 voters .. 150 Members
(iv) 3001 to 5000 voters .. 200 Members
(v) 5001 to 10000 voters .. 300 Members
(vi) Above 10000 voters .. 400 Members
Provided that when the meeting of a Gram Sabha is not
held within one hour of the scheduled time for want of
quorum, it shall be adjourned. The adjourned meeting shall
be held at any time after two hours and the business at such
adjourned meeting may be transacted without the
requirement of the requisite quorum:
18 [Act No.5 of 2018]
Provided further that the proceedings of every Gram
Sabha shall be video -graphed and minuted and
proceedings shall be uploaded in the website.
(11) Resolutions shall be passed on majority basis by
show of hands, in the meetings of the Gram Sabha in
respect of any issue within its jurisdiction; however, effort
should be made to take decision on the basis of general
consensus as far as possible.
(12) The Gram Sabha shall observe such rules of
procedure at its meetings as may be prescribed.
(13) All the Village Level Functionaries of the
Departments listed in Schedule – VII shalExcerpt shown. Open the full act in Lexace.