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The Telangana District Boards Act, 1955.

Telangana · state statute
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THE 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 i

Excerpt shown. Open the full act in Lexace.

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