The Telangana District Boards Act, 1955.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA DISTRICT BOARDS ACT, 1955.
(ACT No. I OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
Preliminary.
1. Short title, extent and commencement.
2. Definitions.
3. Power to except areas from the provisions of this
Act.
CHAPTER II.
CONSTITUTION OF BOARDS.
4. Establishment of Boards.
5. Board to be deemed to be a corporate body.
6. Constitution of Boards
7. Delimitation of Constituencies and determination
of number of members.
8. Qualification of voters.
9. Preparation of list of voters and period of
operation of the list.
10. Effect of possessing qualification in more than
one constituency.
11. Elections when to be held.
12. Disqualification for corrupt practice.
13. Qualification for being elected as a member.
14. Disqualification for being elected as a member.
15. Appeals from decisions of Returning Officers.
2 [Act No. I of 1956]
16. Disqualification for continuing as member.
17. Prohibition of simultaneous representation.
18. Reference to the Election Tribunal.
19. Publication of the names in the Official Gazette.
20. Election petition.
21. Presentation of petitions.
22. Parties to the petition.
23. Appointment of Election Tribunal.
24. Powers of the Tribunal.
25. Decision of the Tribunal.
26. Other orders to be made by the Tribunal.
27. Grounds for declaring election to be void.
28. Grounds for which a candidate other than the
returned candidate may be declared to have been
elected.
29. Procedure in case of an equality of votes.
30. Communication of orders to the Collector and the
transmission of the records of the case.
31. Difference of opinion among the Members of the
Tribunal.
32. Orders of the Tribunal to be final and conclusive.
33. Orders to take effect only on publication.
34. Term of office.
35. Procedure when no member is elected.
36. Election of President and Vice-President.
37. Vacancy in the office of the President or Vice-
President.
[Act No. I of 1956] 3
38. Resignation of President or Vice-President or
Member.
39. Removal of members for misconduct, etc.
40. Filling up of casual vacancies.
CHAPTER III.
Subordinate Agencies, Committees and Office-
Bearers.
41. Board to appoint Committees.
42. Functions of Committees.
43. Sub-Committees.
44. Joint Committees.
45. Functions and emergency powers of President.
46. Functions of the Vice-President.
47. Consequence of absence of President or Vice-
President without leave.
48. Executive powers vested in the Executive Officer
of the Board.
CHAPTER IV.
Conduct of Business.
49. Meetings of Board.
50. Notice of meetings.
51. Quorum.
52. Meetings open to public.
53. Decisions how arrived at.
54. Bar of transaction of business.
55. Bar of modifying or cancelling the resolution.
56. Motions and amendments.
4 [Act No. I of 1956]
57. Conduct of ordinary meetings.
58. Moving of Resolution.
59. Preservation of order.
60. Members when to abstain from voting or taking
part in decision.
61. Minutes.
62. Circulation of proposals when meeting cannot be
convened.
63. Rights of individual members.
64. Certain Government Officers to attend meeting of
the Board.
65. Vacancy or irregularities not to invalidate the
proceedings.
CHAPTER V.
Property, Contracts and Liabilities.
66. Property vested in the Board.
67. Acquisition of land for Board.
68. Management of public institutions.
69. Transfer of Board’s property to the Government.
70. Other transfers of Board’s property.
71. Auctions.
72. Saving of the Local Authorities Loans Act, 1352 F.
73. Mode of making contracts.
74. Improper interest in contracts.
75. Penalty for improper interest in contracts.
76. Bar of suit in respect of act done in good faith.
77. Bar of suit in absence of notice.
[Act No. I of 1956] 5
78. Liability for loss, waste or misappropriation of
money or property.
79. Power of Board to compromise suits.
CHAPTER VI.
Duties and Powers of Boards.
80. Duties of Boards.
81. Discretionary powers of a Board.
CHAPTER VII.
Sanitary and Other Powers.
82. Powers to enter and inspect buildings, etc.
83. Insanitary buildings.
84. Powers with regard to sources of water.
85. Remedy on non-compliance with directions
issued.
86. Power to set apart public springs, etc. for certain
purposes and to prohibit use of water from certain
sources.
87. Penalty for using places set apart for other
purposes.
88. Abatement of nuisance from foul water.
89. Closing of places for the disposal of the dead.
90. Registration of burial and cremation grounds.
91. Licensing of places for the disposal of the dead.
92. Provision of burial and cremation grounds and
crematoria.
93. President, etc. to have power of entry for
inspection into buildings, etc., where infectious
disease exists.
6 [Act No. I of 1956]
94. Board to notify places for washing and
disinfecting articles exposed to infection. Infected
articles may be destroyed. Penalty.
95. Information regarding infectious disease.
96. Obstructions and encroachments upon public
road, land or building.
97. Prohibition of hotels, restaurants, tea-shops, etc.,
and offensive or dangerous trade without licence.
98. Power to regulate slaughter of animals for sale.
99. Power to take measures against cattle disease.
100. Prevention of rabies and disposal of mad and
stray dogs.
101. Dangerous quarrying, blasting, felling trees or
cutting timber or building.
102. Permission necessary for erecting buildings and
for construction, establishment or installation of
factory, workshop or workplace.
103. Regional and Town Planning and local lay-outs.
104. Notification of sanction of plan or lay-out.
105. Variation or revocation of plan or lay-out.
106. Limitation of compensation payable to persons
affected by variation or revocation of the plan or
lay-out.
107. Obligation of owners to comply with plan or lay-
out after sanction.
108. Penalty for breach of the provisions of any
regional or town plan or lay-out.
109. Powers of entry, etc.
[Act No. I of 1956] 7
110. Application of the Hyderabad Land Acquisition
Act, 1309 F. to immovable property required for
plan or lay-out.
111. Declaration of an area for mosquito control.
112. Prohibition of mosquito breeding in collection of
water.
113. Treatment of mosquito breeding places.
114. Health Officer’s powers in case of default.
115. Protection of anti-mosquito works.
116. Prohibition of interference with such works.
117. Power of Health staff to enter and inspect
premises.
118. Penalty for breach of section 113.
119. Penalty for breach of section 115.
120. Penalty for breach of section 116.
121. Public markets.
122. Closing of public markets.
123. Licensing of private markets.
124. Term of such licences.
125. Procedure when Board delays grant of licence.
126. Penalties.
CHAPTER VIII.
Revenue and Expenditure.
127. Constitution of District Fund.
128. Custody and investment of the District Fund.
129. Application of Fund.
130. Standing Committee and Budget Estimates.
8 [Act No. I of 1956]
131. Exempting Boards from obtaining Government
approval for estimates.
132. Expenditure from the balance of previous years.
133. Accounts.
134. Inspection of accounts by the public.
CHAPTER IX.
Taxation.
135. Omitted.
136. Omitted.
137. Omitted.
138. Special tax on property.
139. Other taxes.
140. Procedure in imposing taxes.
141. Procedure for abolishing or varying taxes.
142. Procedure for suspension of or exemption from
taxes.
143. Powers to charge fees for licences and for use of
certain lands and buildings.
144. Power to call for information.
145. Assessment not invalid for defect of form.
146. Bar of other proceedings
CHAPTER X.
Collection of Taxes.
147. Presentation of bill for amount of tax. Contents of
bill. If bill not paid within thirty days notice of
demand to issue.
148. In what cases warrant may issue.
[Act No. I of 1956] 9
149. Warrant by whom to be signed.
150. To whom warrant should be addressed.
151. Power of entry under special order.
152. Warrant how to be executed.
153. Sale of goods distrained. Application of proceeds
of sale. Surplus, if any, how dealt with.
154. Distraint and sale outside the district.
155. Fees and costs chargeable.
156. Appeal to Munsiff Magistrate.
157. Liability of lands, buildings, etc, for tax.
158. Power to seize animals, goods or vehicles on
non-payment of toll. Power to sell property seized
at once. Release of property on payment. Sale.
Surplus how dealt with.
159. Farming of tolls. Persons employed by the lessee
of toll to have power of seizure.
160. Receipts to be given for all payments.
161. Recovery of arrears of taxes and other dues.
162. Limitation for recovery proceedings.
163. Refunds.
CHAPTER XI.
Officers and Servants of Boards.
164. Application of the Hyderabad Civil Service
Regulations and certain other rules.
165. Appointment of officers and servants.
166. Hyderabad Local Government Service.
167. Delegation of power to engage officers and
servants.
10 [Act No. I of 1956]
168. Power of Government to prevent extravagance in
establishment.
169. Punishment and dismissal of the employees.
170. Power of Government to transfer officers and
servants of Board.
171. Residuary powers of the Board over
subordinates.
172. Members, Officers, etc., to be public servants.
CHAPTER XII.
Control.
173. Power of Collector to inspect and call for
documents.
174. Collector’s power of suspending execution of
orders, etc., of Board.
175. Extraordinary powers of Government and
Collector in cases of emergency.
176. Power of Government to provide for performance
of duties in default of Board.
177. Dissolution and reconstitution of Board.
178. Power of Government to enforce order passed by
Government or other authorities.
179. Disputes between Boards and other Local
Bodies.
180. Appointment of technical and inspecting officers
for whole of the State.
181. Delegation of powers by Government.
182. Control of Revenue Officers.
182-A. Power of the Government to dissolve and
reconstitute District Boards on the alteration of
limits of the districts.
[Act No. I of 1956] 11
182-B. Vesting of property, etc., of Boards which have
been dissolved, in reconstituted Board.
CHAPTER XIII.
Notices, Appeals and Procedure relating to
Offences.
183. Service of notices, etc., addressed to individuals.
184. Service of notices on owners or occupiers of
buildings and land.
185. Publication of public and general notices.
186. Defective form of notice; fixation of reasonable
time and consequence of non-compliance.
187. Punishment for disobedience to orders and
notices not punishable under any other section.
188. Board in default of owner or occupier may
execute work and recover expenses. Power to
levy charges on occupier, who may deduct the
same from his rent. Occupiers not to be liable for
more than the amount of rent due.
189. Expenses or costs how determined and
recovered.
190. Bar of appeal.
191. Appeals to Collector against certain orders.
192. Limitation for appeal.
193. Form of appeal and stay of proceedings and of
execution.
194. Decision of Collector in appeal.
195. Powers of revision.
196. Cognizance of offence.
197. Board may prosecute.
12 [Act No. I of 1956]
198. Power to compound offence.
CHAPTER XIV.
Rules and Bye-laws.
199. General provisions regarding rules.
200. Matters as to which rules may be made.
201. Bye-laws.
202. Matters as to which bye-laws may be made.
CHAPTER XV.
Miscellaneous.
203. Power of Government to transfer powers and
functions of Panchayats to Boards and vice-versa.
204. Mode of proof of records.
205. Restrictions on summoning servants of the Board
to produce documents.
206. Power of Board to call for evidence.
207. Powers and duties of police in respect of offences
and assistance to authorities.
208. Power of Board to delegate its powers.
209. Effect of this Act upon the Hyderabad Cattle
Trespass Act V of 1337 Fasli.
210. Repeal and savings.
Schedules.
THE TELANGANA DISTRICT BOARDS ACT, 1955.1
ACT No. 1 OF 1956.
CHAPTER I.
Preliminary.
1. (1) This Act may be called the 2Telangana District
Boards Act, 1955.
(2) It extends to the whole of the State of Hyderabad
except areas legally included within the jurisdiction of
Corporations constit uted under the 3[Hyderabad Municipal
Corporation Act, 1950], or of any Cantonment or of any City
Municipal Committee or Town Municipal Committe e
constituted under the 4[Hyderabad Municipal and Town
Committees Act, 1951] or of a Mines Board of Health.
(3) It shall come into force on such date as may be
specified by Government by notification in the official
Gazette.
1. The Andhra Pradesh (Telangana Area) District Boards Act, 1955 (Act
1 of 1956) received the assent of the President on the 21st January,
1956. The said Act in force in the combined State, as on 02.06.2014, has
been adapted to the State of Telangana, under section 101 of the
Andhra Pradesh Re organisation Act, 2014 (Central Act 6 of 2014) vide.
the Telangana Adaptation of Laws (No.2) Order, 2016, issued in
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Repealed by Act No.II of 1956.
4. The Municipal and Town Committees Act, 1951 (XXVII of 1951) was
repealed by the section 320 of Hyderabad District Municipalities Act,
1956 (Hyd. Act XVIII of 1956). Act XVIII of 1956 (except Chapter XIV) was
repealed by Act No.6 of 1965.
Short title, extent
and
commencement.
2 [Act No.I of 1956]
2. In this Act unless there is anything repugnant in the
subject or context—
(i) ‘Board’ means a District Board constituted under this
Act;
(ii) ‘building’ includes a house, out -house, shop, stable,
ware-house, workshop, canopy, shed, hut or other
enclosure whether used as a human dwelling or otherwise
and shall include also walls including compound wall and
fencing, verandahs, platforms, plinths, doorsteps and the
like;
(iii) ‘Collector’ means the Collector of the District for
which a Board has been constituted;
(iv) ‘district’ means a revenue district constituted as a
district from time to time under the Land Revenue A ct,
1317 F.;
(v) ‘erect or re-erect any building’ includes-
(a) any material alterat ion or enlargement of any
building,
(b) the conversion by structural alteration into a place
for human habitation of any building not originally
constructed for human habitation,
(c) the conversion of one or more places of human
habitation into a greater number of such places,
(d) the conversion of two or more places of human
habitation into a lesser number of such places,
Definitions.
[Act No.I of 1956] 3
(e) such alteration of a building as effect a change in
its drainage or sanitary arrangements or materially affect its
security,
(f) the addition of any rooms, building, out -houses or
other structures to any building,
(g) conversion by any structural alteration into a place
of religious wor ship or into a sacred building, any place or
building not originally meant or constructed for such
purpose,
(h) roofing or covering an open space between walls
or buildin gs as regards the structure whic h is formed by
roofing or covering such space,
(i) conversion into a stall , shop, ware house or
godown of any building not originally constructed for use as
such or vice-versa,
(j) construction on a wall adjoining any street or land
not vested in the owner of the wall, of a door opening on
such street or land;
(vi) ‘factory’ means besides a factor y as defined in the
Factories Ac t, 1948, 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;
(vii) ‘financial year’ means the year beginning on the 1st
day of April or on such date as the Government may by
notification appoint;
4 [Act No.I of 1956]
(viii) ‘Government Servan t’ does not include a retired
pensioner;
(ix) ‘Health Officer ’ means the Health Officer, if any,
employed by or on behalf of the Board, and if there is no
such officer, the Health Officer of the District;
(x) ‘infectious disease ’ means cerebro -spinal fever,
chicken-pox, cholera, diptheria, enteric fever, epidemic
influenza, leprosy , measles, plague, rabies, scarlet fever,
small-pox, tuberculosis, typhus, yaws or any other disease
which the Government may notify in this behalf eith er
generally thr oughout the State or in such part or parts
thereof as may be specified in the notification;
(xi) ‘inhabitant’ includes any person ordinarily resid ing
or carrying on bus iness or owning or occupying im movable
property in any area within the jurisdiction of a Board;
(xii) ‘market’ means a place for the sale of goods or
animals publicly exposed where, ordinarily or periodically, at
least four sh ops, stalls or sheds are set up or at least ten
animals are brought for sale;
(xiii) ‘member’ means a member of the Board;
(xiv) ‘occupier’ means any person in actual possession
of any land or building or pa rt thereof, and includes an
owner in actual possession, and a tenant or licensee
whether such tenant or licensee is liable to pay rent or not;
(xv) ‘offensive matter ’ includes night -soil and othe r
contents of latrines, cesspools and drains; dung and the
refuse or useless or offensive material thrown out in
consequence of any process of manufactur e industry or
trade, putrid and put rifying substances, dirt, house
sweeping spittings , including chewed betel and tobacco,
[Act No.I of 1956] 5
kitchen or stable refuse, broken glass or potte ry, debris and
waste paper;
(xvi) ‘offensive trade ’ means a ny trade, business or
industry in which the substances dealt with are or are likely
to become a nuisance;
(xvii) ‘owner’ includes the person for the time bein g
receiving the rent of any land or building or part thereof ,
whether on his own account, or as agen t, receiver, or
trustee or who would receive rent if the land or building or
part thereof were let to a tenant;
(xviii) ‘Panchayat’ means a Panchayat established under
5the Hyderabad Village Panchayat Act, 1951;
(xix) ‘prescribed’ means prescribed by the rules made
under this Act;
(xx) ‘President’ means the President of the Board;
(xxi) ‘private market’ means a market other than a public
market or a market established under the 6[Hyderabad
Agricultural Market Act, 1339 F.];
(xxii) ‘public market’ means any market belonging to a
Board or acquired, constructed, maintained or man aged by
the Board;
(xxiii) ‘public 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 the health o r property of the
5. Repealed by the Hyderabad Gram Panchayats Act, 1956 (Act XVII of
1956).
6. Repealed by Act No.16 of 1966.
6 [Act No.I of 1956]
public or the people in general who dwell or occupy
property in the vicinity or persons who may have occasion
to use any public right;
(xxiv) ‘street’ means any road, footway, square, court,
alley or passage, accessible to the public, whether a
thoroughfare or not;
and shall include every vacant space, notwithstanding
that it may be private property and partly or whol ly
obstructed by any gate, post, chain or other barrie r, if
houses, shops or other buildings abut ther eon, and if it is
used by any person as a means of access to or from any
public place or thoroughfare, whether such persons be
occupiers of such buildings or not, but shall not include any
part of such space which the occupier of any such building
has a right at all hours to prevent all other persons fr om
using as aforesaid, and shall include also the drains on
either side, and land, whether covered or not by any
pavement, verandah or other erection, which lies on either
side of the roadway up to the boundaries of the adjacent
property, whether that pr operty be private property or
property reserved by Government or by the Board for a ny
purpose other than a street;
(xxv) ‘tax’ includes any toll, rate, cess, fee or other
impost leviable under this Act;
(xxvi) ‘vehicle’ includes a bicycle, tricycle, motor car,
and every wheeled conveyance which is used or is capable
of being used on a public street;
(xxvii) ‘Vice-President’ means the Vice -President of the
Board;
[Act No.I of 1956] 7
(xxviii)) the words used but not defined in this Act shall
have the meaning s assigned to them in the Land R evenue
Act of 1317 Fasli.
3. (1) If the circumstances of any district or part of the
district are such tha t, in the opinion of the Government, it is
inexpedient to apply any of the provisions of this Act thereto,
the Go vernment may by notification ex cept the area from
the oper ation of those provisions and thereafter the said
provisions shall not apply to the area until applied thereto by
notification.
(2) While such exception remains in force, the
Government may make rules to regulate in the said area the
matters excepted from the operation of the said provisions.
CHAPTER II.
CONSTITUTION OF BOARDS.
4. (1) Subject to the provisions of section 3 there shaIl be
constituted under this Act for each district a Board having
authority under this Act over such district.
(2) Such Board shal l come into existence from such
date as the Government may notify in this behalf and the
notification shall specify the name of the Board as the
District Board of the District for which it has been
constituted.
5. Every Board shall be a body coporate known by the
name specified in the notification issued under sub -section
(2) of section 4 and shall have perpetual succession and a
common seal, and subject to any restr ictions or
qualifications imposed by or under this Act or any other
enactment for the time being in force, shall be vested with
the capacity of suing or being sued in its corporate name, of
acquiring, holding a nd transferring property, movable or
Power to except
areas from the
provisions of this
Act.
Establishment of
Boards.
Board to be
deemed to be a
corporate body.
8 [Act No.I of 1956]
immovable, of entering into contracts and of do ing all things
necessary, proper and expedient for the purpos es for which
it is constituted.
6. (1) A Board shall consist of such number of elect ed
members, subjec t to a m aximum of 48 and a minimum of
16, as the Gov ernment shall by notffication in the official
Gazette declare for each district including a Presi dent and a
Vice-President elected by the Board from a mongst its
members. Provided that the numbe r of members to be
allotted to each district shall be so determined as to ensure
that there shall be not le ss than one member fo r every
30,000 of the population and not more than one member for
every 20,000 of the population.
(2) At least four of such members shall belong to the
Scheduled Castes and Scheduled Tribes, if any, as de fined
in clauses 24 and 25 of Article 366 of the Constitution of
India.
(3) The determination of the seats for the Schedule d
Castes and Scheduled Tribes shall, so f ar as may be, be
made in proport ion to their population in each district, by a
notified order made by the Government in this behalf.
7. (1) For the purpose of election of members to a Board,
the Government after consulting the Board shall, by
notification-
(a) divide the district into circles;
(b) determine th e ci rcles in which the seats, if any ,
reserved under sub -section (2) of s ection 6 shall be set
apart; and
(c) declare for whom such seats are reserved.
Constitution of
Boards.
Delimitation of
Constituencies
and determination
of number of
members.
[Act No.I of 1956] 9
(2) Each circle shall be deemed to be a Constituency.
(3) Each of the ci rcles shall return only one memb er
except the circles referred to in clause (b) of sub-section (1)
which shall, in addition to the member for such reserved
seat, return one more member for the non -reserved seat.
The number of members for each of the circles, shal l be
notified by the Government.
(4) All the voters of a ci rcle irrespect ive of their
community or sex, shall be entitl ed to v ote at an election to
any seat in that circle whether reserved or not.
(5) When issuing under sub -section ( 1) a notifica tion
which materially alters the existing division of a district into
circles, the Government shall direct that th e alteration shall
take effect from the date of the next ordinary elections.
(6) When the number of members to be returned b y a
circle is altered or when a new ci rcle is formed or when an
existing circle is abolished, th e Government shall, after
consulting the Board, determine—
(a) the circle which each member then on the Bo ard
shall be deemed to represent; and
(b) the circle or circles in which elections shall be
held to fill up the vacancies, if any, in the Board:
Provided that for the purpose of the first election after
the commencement of this Act, the division of the district
into circles and the allotment of seats to each circle shall be
made subje ct to the approval of the Govern ment by the
Collector of the district concerned.
8. (1) Unless disqualified under this Act, or under any other
law for the time being in force, every person who-
Qualification of
voters.
10 [Act No.I of 1956]
(a) is a citizen of India;
(b) has attained the age of 21 years on the 1st day of
March of the year in which the list of voters is prepared; and
(c) has the requisite residence or taxation
qualification,
shall subject to the provi sions of sub-section (4), be en titled
to have his name entered in the list of voters for a
constituency:
Provided that no such person who has been
adjudged by a competent Court to be of unsound mind
shall be entitled to have his name entered in such list.
(2) A person shall be deemed to have the requisite
residence qualification if he has ordinari ly resided in a
dwelling in the constituency for an aggregate period of not
less than one hundred and eighty days in the year
immediately p receding the first day of Januar y of the year
for which the list of voters is prepared:
Provided that a person who is an inmate or a patient in
any prison, lunatic asylum, hospital or any other simi lar
institutions shall not by reason thereof be d eemed to have
used such Institut ion as a dwelling for the purposes of th is
sub-section.
(3) A perso n shall be deemed to have the requisite
taxation qualification if he w as assessed to local cess or to
the tax imposed under section 138 by a Board in the
financial year immediately preceding that in which the list is
prepared.
(4) A person who possess the requisite residence
qualification under this section shall not by reason of such
[Act No.I of 1956] 11
qualification, be entitled to have his name entered in the list
for a constituency, if the place of residence of such person
during the period r eferred to in sub -section (2) is within the
limits of a Municipal Corporation or a City or Town
Municipality, or a Cantonment or a Mines B oard of Health
comprised in such constituency, unless such person
possesses the requisite taxation qualification.
9. (1) For each constituency of the Board within his district,
the Collector shall cause to be prepared and kept a list of
the persons qualified to vote in such constituency.
(2) The list of voters first prepared under this Act shall
come into force immediately upon its final publi cation in
accordance with the rules made under this Act and shall
remain in force until the 30th day of September next, and
every list of voters subsequently prepared un der this Act
shall come into force on the 1st day of October of the year
for which the list is being prepared and shall re main in force
until the 30th day of September next following.
(3) If for any reason the list of voters for any
constituency is in any year not finally published in the
prescribed manner before the 1st day of October, then, unti l
the day on which it is so published, the list of voters which
was in force immediately before the said 1st day of October
shall continue in force as the list of voters for that
constituency.
(4) A person shall not be entitled to vote at an elec tion
unless he is enrolled in the list of voters at the time in
operation for the constituency for which the election is held.
10. If a person possesses qualifications to vote in more than
one constituency, he shall within a prescribed time declare
the constituency in which he proposes to vote and in the
event of his failure to make such declaration within the
Preparation of list
of voters and
period of
operation of the
list.
Effect of
possessing
qualification in
more than one
constituency.
12 [Act No.I of 1956]
prescribed time, he shal l be entitled to vote only in anyone
of the constituencies.
11. (1) The first general election after the coming into force
of this Act for the purposes of this Act shall be held by the
Collector on such day or days as the Government shall fix in
this behalf.
(2) Every subsequent general election for the purposes
of this Act shall be held by the Collector within three months
before the expiry of the term of office of the members of the
Board as specified in section 34, on suc h day or days, as
the Government shall fix in this behalf.
(3) Any vacancy in the office of a member of a Board
shall be filled at a by -election which shall be fixed by
Government to take place, as soon as may be, after the
occurrence of the vacancy:
Provided that no by -election shall be held to fill a
vacancy occurring within three months before the ordinary
date of retirement of the members.
12. Any person who has been convicted under section
171-E or 171 -F of the Indian Penal Code, or has been
disqualified from exercising any electoral right for a period of
not less than six years on account of illegal or corrupt
practices in connection with an election, shall, for four years
from the date of such convictio n or disqualification, be
disqualified from voting at an el ection to or being a member
of a Board.
13. (1) Subject to the provisions of this Act, a person who is
enrolled in the list of voters of any constituency within a
district, shall be qualified to be elected as a member for any
of the constituencies in the district.
Elections when to
be held.
Disqualification for
corrupt practice.
Qualification for
being elected as a
member.
[Act No.I of 1956] 13
(2) Any person who ceases to be a member shall, i f
qualified under sub -section (1 ), and not otherwise
disqualified, be eligible for re-election as such.
14. (1) Subject to the provisions of this Act, a per son shall
be disqualified for being elected as a member o f a Board if
such person at the date of election-
(a) is one who has been sentenced by any Court to
imprisonment or whipping for an offence involving moral
turpitude and punishable with imprisonment f or a term
exceeding six months or to transportation , such sentence
not having been subsequently reversed or quashed, or to
death, such sentence having been subsequently commuted
or altered to transportation or imprisonment:
Provided that on the expiry of s uch sentence, the dis-
qualification incurred under this clause shall cease;
(b) is of unsound mind, a deaf-mute or a leper;
(c) holds any office or place of profit under
Government o r under the Board or under any l ocal
authority;
(d) is an undischarged insolvent;
(e) holds any judicial office with jurisdiction within the
limits of the Board;
(f) is employed as paid legal practitione r on behalf of
the Board, or as legal practitioner against the Board;
(g) having been a legal practitioner, has been
dismissed or is under suspension by order of a compe tent
court, the disqualification in the latter case being operative
during the period of suspension;
Disqualification for
being elected as a
member.
14 [Act No.I of 1956]
(h) subject to the provisions of sub -section (2 ) has
directly or indirectly by himself or his partner or if he belongs
to a joint Hindu family, by any member of such family, any
share or interest in any contract (ex cept as a shareholder
other than a Director in a company) or has employment
with, by or on behalf of the board;
(i) has been dismissed from the servi ce of the
Government, Board or any local authori ty for misconduct
and has been declared by a competent authority to b e not
eligible for further employment in public service;
(j) having been nominated as a can didate for the
Board or having acted as an election agent of any person so
nominated has failed t o lodge a return of election ex penses
within the time and in the manner prescribed unless five
years have elapsed from the date by which it ought to have
been lodged or the Government have re moved the
disqualification.
(2) A person shall not be deeme d to have incurred
disqualification under clause (h) of sub -section (1) by
reason only of his-
(a) receiving a pension from the Board;
(b) having any share or interest in;
(i) any lease, sale, exchange or purchase of land or
any agreement for the same;
(ii) any agreement for the loan of money or any
security for the payment of money only;
(iii) any newspaper in which any adve rtisement
relating to the affairs of the Board is inserted;
[Act No.I of 1956] 15
(iv) any Joint Stock Company or any Society
registered or deemed to be registered under the
7[Hyderabad Co-operative Societies Act, 1952 ], which shall
contract with or be employed by the President or executive
officer on behalf of the Board;
(v) the occasional sale to the President or Executive
officer on beha lf of the Board of any article in w hich he
regularly trades of a value not exceeding in the aggregate in
any one financial year one thousand rupees;
(vi) the occasi onal letting out on hire to the Board
or hiring from t he Board of any article for an a mount not
exceeding in the aggregate in any one financial year, five
hundred rupees;
(c) occupying as a tenant for the purpose of
residence any premises belonging to the Board.
15. (1) An appeal shall lie to the District Judge of the District
in which the area of Board is situated as herein provided
from any decision of a Returning Officer accepting or
rejecting a nomination paper.
(2) Any candidate aggrieved by a decision of the
Returning Officer accepting or rejecting a nomination paper
may present an appeal therefrom to the District Judge within
a period of seven days from the date of publication of the list
of validly nominated candidates:
Provided that such candidate has , not later than
3 O’clock in the afternoon of the day ne xt following the said
date, given the Returning Officer a notice in writing of his
intention to appeal under this section.
7. Repealed by Act No.7 of 1964.
Appeals from
decisions of
Returning
Officers.
16 [Act No.I of 1956]
(3) If one or more notices has or have been received in
accordance with the proviso to sub -section (2) , the
Returning Officer shall, immediately, after the expiry of the
time mentioned in that proviso-
(a) publish the notices by affixing to his notice Board
one copy of each of the notices together with an intimation
in the prescribed form that the hearing of the appeals, if any,
presented in pursuance of those notices will commence
before the District Judge on the tenth day after the date of
such publication; and
(b) send to the District Judge a copy of each of the
notices, the intimation referred to in clause (a) and the list of
validly nominated candidates.
(4) The Returning Officer shall, on application made by
or on behalf of a candidate, supply forthwith to the applicant
a copy of the decision accepting or reject ing a nomination
paper together with the statement of reasons, recorded by
him.
(5) In every appeal under this section, the appellant
shall join as responden ts all the candidates (other than
himself) whose nominations have been accepted by the
Returning Officer.
(6) The intimation affixed to the notice board of the
Returning Officer under clause (a) of sub-section (3) shall be
deemed to be suf ficient notice, both of the presentat ion of
an appeal under this section and of the date on which the
hearing thereof shall commence before the District Judge,
and it shall not be necessary to give a ny other notice to the
appellants or the respondent s and the appeal or appeals
shall be deemed to have been fixed for pre-emptory hearing
on the said date.
[Act No.I of 1956] 17
(7) Every appeal under this section shall be heard de
die in diem and disposed of by the District Judge as
expeditiously as possible , and his decision shall be
communicated forthwith to the Returning Officer.
(8) Where one or more notices of intention to ap peal
has or have been given to the R eturning Officer, but no
appeal is presented within the period specified in
sub-section (2) the District Judge shall immediately intimate
that fact to the Returning Officer in the prescribed form.
(9) In every case where one or more notices of in tention
to appeal has or have been given to the Returning Officer ,
he shall, upon receipt of the communicat ions of the District
Judge referred to in su b-sections (7) and (8) republish by
affixing to his notice board the list of validly nominated
candidates after revising it, if necessary, in conformity with
the decisions of the District Judge.
(10) The decision of the District Judge on appeal under
this section, and subject only to such decision the decision
of the Returning Officer accepting or rejecting the
nomination of a candidate shall be final and conclusive and
shall not be called in que sion in any court or tribunal,
including the Election Tribunal.
16. (1) Subject to the provisions of section 18, a member of
a Board shall cease to be a member if he-
(a) is or becomes subject to any of the
disqualifications specified in section 14;
(b) accepts employment under or becomes the
official subordinate of any other member;
(c) ceases to reside in the district;
Disqualification for
continuing as
member.
18 [Act No.I of 1956]
(d) fails to pay arrears of any kind due by him
(otherwise than in a fiduciary cap acity) to the Board, within
three months from the date of service of a Bill or notice or if
no bill or notice is required to be served under this Act,
within three months from date of service of a notice
requiring payment thereof issued by the President , or
Executive Officer (which it shall be their duty to issue and
cause to be served at the earliest convenient date);
(e) absents himself at more than three consecutive
meetings of the Board unless leave so to absent himself
(which shall not exceed six months) had been granted by
the Board or absents himself for over six consecutive
months from meetings of the Board:
Provided that no meeting from which a me mber
absents himself shall be counted against him under this
clause, if due notice of that meeting was not given to him.
Explanation.— A meeting held upon request under
sub-section (2) of section 49 and a special meeting called
under the said sub-section shall not be deemed to be a
meeting within the meaning of this clause.
(2) Where a person ceases to be a member under
clause (e) of sub -section (1), the President shall at once
intimate the fact in writing to such person and report the
same t o the Board at its next meeting. If such person
applies for restoration to the Board on or before the date of
its next meeting or within fifteen days of th e receipt by him
of such intimat ion, whichever is later, the Board may at the
meeting next after the receipt of such application or suo
motu at the sa id meeting restore him to his offi ce as
member:
Provided that a member shall not be so restored more
than twice during his term of office.
[Act No.I of 1956] 19
17. (1) If a person is elected by more than one constituency,
he shall by notice in writing, signed by him and delivered to
the Collector within the prescribed time, choose any one of
the constituencies which he shall serve and the choice shall
be final.
(2) When any such choice has been made, the
constituency or constituencies other than the constituency
which such person has chosen to serve shall be called upon
to elect another person or persons.
(3) If the candidate does not make the choice referred to
in sub-section (1) of this section, the election of such person
shall be void and all constituencies concerned shall be
called upon to elect another person or persons.
18. (1) Whenever it is alleged that any person who has been
elected as member of a Board is disqualified under section
12, sub-section (1) of section 13, or section 16 and such
person does not admit the allegation or whenever any
member is himself in doubt whether or not he has become
disqualified f or office under section 12, sub -section (1) of
section 13 or section 16 such member or any other member
may, and the President at the reques t of the Board shall
refer the matter for decision to the Election Tribunal
appointed under section 23.
(2) The said tribunal afte r making such inquir y as it
deems necessary, shall determine whether or not such
person is disqualified under sections 12, 13 or 16 and its
decision shall be final.
(3) Pending such decision the member shall be entitled
to act as if he were not disqualified.
19. The names of all members finally elected to any B oard
as well as the names of nominated members, if any,
Prohibition of
simultaneous
representation.
Reference to the
Election Tribunal.
Publication of the
names in the
Official Gazette.
20 [Act No.I of 1956]
appointed thereto, shall be forthwith published in the Official
Gazette.
20. No election shall be called in question except by an
election petition w hich shall contain such matters, claim
such relief and be presented in such manner as may be
prescribed.
21. An election petition calling in question any elec tion may
be presented on one or more of the grounds specified in
sub-sections (1) and (2) of section 27 and section 28 to the
Election Tribunal by any candidate at such election or any
voter in such form and within such time but not ear lier than
the date of publication of the names of the elected members
under section 19 as may be prescribed.
22. A petitioner shall join as respondents to his petition all
the candid ates who were duly nominated at the election
other than himself if he was so nominated.
23. The Government shall appoint an Election Tribunal for
trial of petitions in respect of an election under this Act,
consisting of three persons who are or have been or are
eligible to be appointed Judges of the High Court. The
Election Tri bunal shall deal with such peti tions and
proceedings in connection therewith in the prescribed
manner.
24. The Tribunal shall have the powers which are vested in
a court under the Code of Civil Procedure , 1908, when
trying a suit in respect of the following matters:—
(a) discovery and inspection;
(b) enforcing the attendance of witnesses; and requiring
the deposit of their expenses;
Election petition.
Presentation of
petitions.
Parties to the
petition.
Appointment of
Election Tribunal.
Powers of the
Tribunal.
[Act No.I of 1956] 21
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit; and
(g) issuing commissions for the examination of
witnesses;
and may summon and examine suo motu any person
whose evidence appears to iExcerpt shown. Open the full act in Lexace.
Lex