The Andhra Pradesh Panchayat Raj Act, 1994.
**THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994**

**ACT No. 13 OF 1994**

**ARRAMGEMENT OF SECTIONS SECTIONS**

**PART- I**
**PRELIMINARY**

1. Short title 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. Term of Office of members
14. Election and term of office of Sarpanch
15. Reservation of Office of Sarpanch
16. Fresh elections in certain cases
17. Qualifications of candidates
18. Disqualification of certain office holders etc.
19. Disqualification of candidates
19A. Diaqualification on ground of corrupt practice or election offences
19B. Disqualification for failure to lodge account of election expenses
20. Disqualification of members
20A. Disqualification of Sarpanch or Upa-Sarpanch for failure to
convene the meetings of Gram Sabha
20B. Disqualification of Sarpanch or Upa-Sarpanch for failure to close
audit of the accounts
21. Restoration of members to office
22. Authority to decide questions of disqualifications of members
22-A. Bar jurisdiction
23. Resignation of members, Upa-Sarpanch, Sarpanch
24. Cessation of Upa-Sarpanch
25. Powers and functions of the Sarpanch
26. Devolution and delegation of Sarpanch's powers and functions and
filling up of vacancies in the office of Sarpanch
27. Removal of temporary Sarpanch
28. Rights of individual members


-----

29. No Sarpanch, Upa-Sarpanch or members to receive remuneration
30. Appointment of Executive Authoritysfor certain Gram Panchayats
31. Functions of Executive Authority
32. Functions of the Executive Authority
33. Emergency powers of Sarpanch
34. Exercise of functions of Executive Authority by Health Officer in
certain cases
35. Delegation of functions of Executive Authority
36. Officers and other employees of Gram Panchayat
37. Presidency at meetings
38. Minutes of proceedings
39. Power to call for records
40. Beneficiary committees and functional Committees
41. Proceedings of Gram Panchayats and Committees
42. Appointment of Joint Committees
43. Administration report
44. Powers of inspecting and superintending officers and of the
Government

**CHAPTER II**
**POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS**

45. Duty of Gram Panchayat to Provide for Certain Matters
46. Power of Gram Panchayat to provide for certain other matters
47. Maintenance of common dispensaries, child welfare centres etc.
48. Transfer of management of forests to Gram Panchayat
49. Transfer to Panchayats of institutions or works
50. Power of Commissioner of Land Revenue to transfer, resume
control of endowments and inams
51. Limitation of power to accept donations and trusts
52. Maintenance of cattle pounds
53. Vesting of public roads in Gram Panchayat
54. Collected sewage etc., belong to Gram Panchayat
55. Vesting of Communal property or income in gram panchayat
56. Maintenance of irrigation works, execution of kudimaramat etc.
57. Vesting of the management of ferries in Gram Panchayats etc
58. Certain Government porambokes to vest in Gram Panchayat etc.
59. Acquisition of immovable property required by Gram Panchayat

**CHAPTER IV**
**TAXATION AND FINANCE**

60. Taxes leviable by Gram Panchayats
61. House Tax
62. Levy of House Tax on a direction by Government
63. Tax on advertisements
64. Prohibition of advertisement without written Permission of
executive authority
65. Permission of the Executive Authority to become void in certain
cases
66. Owner or person in occupation to be deemed responsible
67. Removal of un-authorised advertisements
68. Collection of tax on advertisements


-----

69. Duty on transfers of property
70. Vehicle tax
71. Special tax leviable by a Gram Panchayat
72. Composition of tax payable by owner of a factory or a contiguous
group of buildings
73. Power to write-off irrecoverable amounts
74. Gram Panchayat Fund
75. Expenditure, from Gram Panchayat Fund
76. Election expenses to be borne by the Government
77. Preparation and sanction of budget
78. Contribution to expenditure by other local authorities
79. Recovery of loans and advances made by the Government

**CHAPTER V**
**PUBLIC SAFETY, CONVENIENCE AND HEALTH**

80. Vesting of water works in Gram Panchayats
81. Setting apart of public tanks etc., for certain purposes
82. Prohibition against using places so set apart for purposes other
than those Notified
83. Contribution from persons having control over places of
pilgrimage etc.
84. Cleaning of Private Latrines
85. Registration of burial and burning grounds
86. Licensing of places for disposal of the dead
87. Provision of burning and burial grounds
88. A book to be kept of places registered, licensed or provided
89. Prohibition against burying or burning in unauthorised places
90. Notices to be given to Gram Panchayat of burials etc.
91. Prohibition against use of burial and burning grounds dangerous
to health or overcrowded with graves
92. Power to Control and administer stray dogs or pigs
93. Prohibition against allowing outflow of filth
94. Power as to sanitation and conservancy
95. Prohibition against working of quarry near public roads
96. Prohibition against destruction in or over public roads
97. Prohibition against and regulation of door, gate, bar or ground
floor window opening outwards
98. Removal of encroachments
99. Power to allow certain projections and erections
100. Prohibition of building on sewer, drain etc., without permission
101. Prohibition against making holes and causing obstruction in
public roads
102. Prohibition against planting or felling trees on public roads etc.,
without permission
103. Recovery of penalty and compensation for unauthorised
occupation of land
104. Public Markets
105. Licence for private markets
106. Fee for licence
107. Power exercisable by Executive Authority in respect of public
markets
108. Powers exercisable by Gram Panchayat in respect of private
markets


-----

109. Decisions of disputes as to whether places are market
110. Prohibition of sale in unlicensed private market etc
111. Prohibition against sale in or upon public roads
112. Classification of markets
113. Vesting of places used as markets situated in estates taken over
by the Government
114. Classification of public roads, fairs and festivals etc.
115. Public landing places, cart-stands etc
116. Private cart-stands
117. Public slaughter houses
118. Prohibition or regulation of the use of places for slaughtering
animals and licensing of slaughterers
119. Purposes for which places may not be used without licence
120. Applications to be made for construction, establishment, or
installation of factory, workshop or work-place in which steam or
other power is to be employed
121. Construction of building
122. Power of Gram Panchayat to issue directions for abatement of
nuisance caused by steam or other power
123. Form of licences, notices, permissions
124. Power of Government to pass order or give directions
125. Modification of the Andhra Pradesh (Andhra Area) Places of
Public Resort Act, 1888

**CHAPTER VI**
**GENERAL AND MISCELLANEOUS (GRAM PANCHAYATS)**

126. Power to name streets and number buildings
127. General provisions regarding licences and permissions
128. Appeal from the order of Executive Authority
129. Limitation of time for appeal
130. Government and Market Committees not to obtain licences and
permissions
131. Time for complying with notice, order etc., and power to enforce
in default
132. Powers of entry and inspection
133. Testing of weights and measures
134. Power to call for information from Executive Authority
135. Limitation for recovery of dues
136. Persons empowered to prosecute
137. Power to compound offences
138. Prosecutions and compositions to be reported to Gram
Panchayat
138A. Notice of action against Gram Pranchayat
139. Assistance of police to the Gram Panchayat
140. Wrongful restraint of Executive Authority or his delegates
141. Punishment for obstructing Gram Panchayat
142. Penalty for not giving information or giving false information

**SUPPLEMENTAL PROVISIONS**

143. Special provisions in the case of new Gram Panchayats
144. Public roads, markets, wells, tanks etc., to be open to all


-----

145. Power to farm out fees
146. Extension of provisions of Law relating to dstrict municipalities
or of rules thereunder
147. Transfer of functions of Gram Panchayats to other local
authorities or vice-versa

**PART III**

**CONSTITUTION AND INCORPORATION, COMPOSITION, POWERS,**
**FUNCTIONS, ETC., OF MANDAL PRAJA PARISHADS**

148. Constitution and incorporation of Mandal Praja Parishads
149. Composition of Mandal Praja Parishad
150. Division of Mandal into constituencies
151. Election of members from territorial constituencies
152. Reservation of seats of Members of Mandal Praja Parishad
153. Election, reservation and term of office of President and VicePresident
153A. Resolution of disputes relating to cessation for disobedience of
party whip
154. Term of office of member of Mandal Praja Parishad
155. Qualification of candidates for election
156. Disqualifications
157. Resignation of President, Vice-President or Member
158. Permanent invitees to the meetings of the Mandal Praja Parishad
159. President of a Mandal Praja Parishad may invite certain persons
to attend its meetings
160. Rules for the conduct of the business at a meeting of a Mandal
Praja Parishad
161. Powers and functions of a Mandal Praja Parishad
162. Maintenance of common water works and other institutions
163. Power of Mandal Praja Parishad to call for documents from
the Mandal Praja Parishad Development Officer
164. Power of Mandal Praja Parishad to call for information from
Executive Authority
165. Powers and functions of the President and Vice-President
166. Right of individual members to draw attention in respect
of Mandal Praja Parishad etc
167. Powers and functions of the Mandal Praja
Parishad Development Officer
168. The Mandal Praja Parishad Development Officer and other
officers and staff of a Mandal Praja Parishad to be subordinate to
the Mandal Praja Parishad
169. Officers and other employees of Mandal Praja Parishad
170. Allowances for attending a meeting of the Mandal Praja Parishad
171. Mandal Praja Parishad Fund
172. Income and expenses of a Mandal Praja Parishad
173. Election expenses to be borne by the Government
174. Budget of Mandal Praja Parishad
175. Joint Committee of Mandal Praja Parishad and other local
authorities
176. Constitution, powers and functions of Joint Committee
**PART – IV**


-----

**CONSTITUTION, INCORPORATION, COMPOSITIONS, POWERS, FUNCTIONS**
**ETC., OF ZILLA PRAJA PARISHAD**

177. Constitution, incorporation and composition of Zilla Praja
Parishad
178. Mandals to be territorial constituencies
179. Election of members from territorial constituencies
180. Reservation of seats of members ofZilla Praja Parishad
181. Election of Chairperson and Vice-Chairperson
181A. Resolution of disputes relating to cessation for disobedience of
party whip
182. Term of office of a member of a Zilla Praja Parishad
183. Qualification of candidates for election
184. Disqualifications
185. Resignation of Chairperson, Vice-Chairperson or member
186. Appointment of Chief Executive Authority and his powers and
functions
187. Standing Committees of a Zilla Praja Parishad
188. Permanent invitees to Zilla Praja Parishad
189. Special invitees
190. Rules for conduct of business at meetings
191. Power of Zilla Praja Parishad or its Standing Committee to call
for documents from Chief Executive Authority.
192. Powers and functions of the Zilla Praja Parishad
193. Powers and functions of Chairperson and Vice-Chairperson of
the Zilla Praja Parishad
194. Rights of individual members to draw attention in respect
of Zilla Praja Parishad works
195. Officers and other employees of the Zilla Praja Parishad
196. Allowances for attending meeting of a Zilla Praja Parishad or a
Standing Committee
197. Funds of the Zilla Praja Parishad
198. Income and expenses of a Zilla Praja Parishad
199. The Budget of the Zilla Praja Parishad

**PART V**
**CONSTITUTION OF ANDHRA PRADESH ELECTION COMMISSION FOR**
**LOCAL BODIES CONDUCT OF ELECTION AND ELECTION OFFICERS**
**CHAPTER I**
**ELECTION COMMISSION AND CONDUCT OF ELECTIONS**

200. Constitution of Andhra Pradesh Election Commission for Local
Bodies
201. Powers and functions of the Andhra Pradesh Election
Commissioner for Local Bodies
201A. Schedule of Conduct of Election
201B. Voting Machines at elections
202. Symbols for elections under the Act
202A. Reservations to Backward Classes
202B. Voter Identity Cards
203. Reservation of offices to cease on the expiration of the period
specified in Article 334
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 etc., deemed to be on deputation

**CHAPTER II**
**ELECTION OFFENCES**
211. Corrupt practices
212. Punishment for corrupt practices
213. Promoting enemity between classes in connection with 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
221. Penalty for misconduct at the polling station
221A. Penalty for failure to observe procedure for voting
221B. Prohibition of going armed to or near a polling station
222. Breaches of official duty in connection with elections
223. Penalty for Government servants etc., for acting as election
agent, polling agent, or counting agent
224. Offence of both capturing
225. Removal of ballot papers or ballot boxes from polling stations to
be an offence
225A. Liquor not to be sold given or distributed on polling day
225B. Adjournment of poll in emergencies
225C. Fresh poll in the case of destruction etc., of ballot boxes
225D. Destruction, loss, etc., of ballot papers at the time of counting
226. Impersonation at elections
227. Other offences and penalties thereunder
228. Penalty for offences not otherwise provided for
229. Offences by companies
**CHAPTER IIA**
**ELECTION EXPENSES**
230. Application of Chapter
230A. Account of election expenses
230B. Loading of account with the District Election Authority.
**CHAPTER III**
**MISCELLANEOUS ELECTION MATTERS VACATION OF SEATS AND**
**OFFICES**

231. Adjournment of poll or countermanding of election on the
ground of booth capturing
232. Power to delegate
232A. Appointment of Observers
233. Election petitions
234. Prohibition of holding dual offices and vacation of seats


-----

**PART V**
**FINANCE COMMISSION**

235. Constitution of Finance Commission
236. Qualifications for appointment as, and the manner of selection
of, members of the Commission
237. Personal interest to disqualify members
238. Disqualifications for being a member of the Commission
239. Term of office of members and eligibility for reappointment 240. Conditions of service and salaries and allowances of members
241. Functions of the Commission
242. Procedure and powers of the Commission

**PART VI-A**

**SPECIAL PROVISIONS RELATING TO THE PANCHAYATS, MANDAL PRAJA**
**PARISHADS AND ZILLA PRAJA PARISHAD LOCATED IN THE SCHEDULED**
**AREAS**

242A. Application of this Part

242B. Declaration of village in Scheduled Areas

242C. Functions of Gram Sabha

242D. Reservation of seats of members of Gram Panchayat, Mandal
Praja Parishad and Zilla Praja Parishad and offices of
Sarpanches of Gram Panchayats and Presidents of Mandal
Praja Parishads

242E. Nomination of persons

242F. Acquisition of land in the Scheduled Areas

242G. Management of minor water bodies in the Scheduled Areas

242H. Minor minerals in the Scheduled Areas

242I. Powers and functions of Gram Panchayats and Mandal Praja
Parishads
**PART – VII**
**MISCELLANEOUS**

243. Transfer of powers and functions of District Board to Mandal
Praja Parishad and Zilla Praja Parishads
244. Application of the relevant District Boards Act to Mandal Praja
Parishadsand Zilla Praja Parishad
245. Motion of no confidence in Upa-Sarpanch, President or
Chairperson
246. Power to cancel or suspend resolution of a Gram Panchayat,
Mandal Praja Parishad or a Zilla Praja Parishad
247. Power of Government to take action in default of a Gram
Panchayat, Mandal Praja Parishad or a Zilla Praja Parishad
248. Power of Government to issue directions
249. Powers of Government to remove Sarpanch, President or
Chairperman etc.
249A. Not applicable to Sarpanch and Upa-Sarpanch
249B. Removal and deemed Removal of Sarpanch and Upa-Sarpanch


-----

250. Powers of Government to dissolve Gram Panchayat, Mandal
Praja Parishad or Zilla Praja Parishad
250A. Special provision in the case of Mandal Praja Parishad and
Zilla Praja Parishad.
251. Acts of Gram Panchayats, Mandal Praja Parishad and Zilla Praja
Parishad not to be invalidated by informality, vacancy, etc.
252. Oath of allegiance
253. Administration report
254. Recovery of sums due to the Gram Panchayats, Mandal Praja
Parishads or Zilla Praja Parishad as arrears of land revenue
255. Power of entry of inspecting officers

256. Power to call for records etc

257. Protection of acts done in good faith

258. Chairperson, President, Sarpanch etc., to be public servants

259. Power of Mandal Praja Parishad andZilla Praja Parishad to make
bye-laws

260. Delegation of powers etc

261. Power to transfer institutions and works

262. Emergency Powers of the Government, Commissioner and
District Collector

263. Control over electrical undertakings of Gram Panchayats

264. Power of review and revision by Government

265. Liability of Sarpanch, President, Chairpersonetc., for loss, waste
or mis-application of property

266. Accounts and Audit

267. Assessments etc., not to be impeached

**CHAPTER – VIII**

**RULES, BYE-LAWS AND PENALTIES**

268. Power of Government to make rules for the purposes of this Act

269. Penalties for breach of rules

270. Bye-laws and penalties for their breach

271. General provisions regarding penalties specified in Schedules III
and IV

271A. Penalty for not handling over documents, moneys etc., to the
newly elected Sarpanch or Upa-Sarpanch of a Gram Panchayat

272. Recovery of amounts due as taxes

273. Adjudication of disputes between local authorities

274. Act to read subject to Schedules V and VI in regard to first
constitution or reconstitution etc

275. Power to remove difficulties

276. Repeal and savings

277. Amendment of Act 9 of 1989

278. Transitional provision in regard to elections


-----

SCHEDULE - I

GENERAL POWERS AND FUNCTIONS OF PANCHAYATS

(SECTIONS 45, 161 AND 192)

SCHEDULE - II

POWERS AND FUNCTIONS OF THE *[MANDAL PRAJA PARISHAD]

(SECTIONS 161)

SCHEDULE III

ORDINARY PENALTIES

(SECTION 271)

SCHEDULE - IV

PENALTIES FOR CONTINUING BREACHES

(SECTION 271)

SCHEDULE - V

TRANSITIONAL PROVISIONS GRAM PANCHAYATS

(SECTION 274)

SCHEDULE - VI

TRANSITIONAL PROVISIONS *[MANDAL PRAJA PARISHADS] AND *[ZILLA
PRAJA PARISHAD]

(Section 274)


-----

**THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994**

**ACT No. 13 OF 1994**

[22[nd] April, 1994]

**AN** **ACT** **TO** **PROVIDE** **FOR** **THE** **CONSTITUTION** **OF** **GRAM**
**PANCHAYATS,** **[1]*[MANDAL PRAJA PARISHADS] AND** **[2]*[ZILLA PRAJA**
**PARISHADS] AND FOR MATTERS CONNECTED THEREWITH OR**
**INCIDENTAL THERETO.**

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty-fourth Year of the Republic of India as follows:
**PART I**
**PRELIMINARY**

**1. Short title, extent,** [3][application] and commencement - (1) This Act may
be called the Andhra Pradesh Panchayat Raj Act, 1994.

(2) It extends to the whole of the State of Andhra Pradesh, 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 Andhra
Pradesh Municipalities Act, 1965 (Act 6 of 1965);

(d) the mining settlements governed by the Andhra Pradesh
(Telangana Area) Mining Settlements Act, 1956 (Act XLIV of 1956);
and

(e) the cantonments governed by the Cantonments Act, 1924
(Central Act 2 of 1924).

4[(2A) 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 VIA of this
Act.]

(3) It shall come into force on such date and in such area as the
Government may, by notification in the Andhra Pradesh Gazette, appoint and
they may appoint different dates for different areas and for different provisions.

**2. Definitions - In this Act, unless the context otherwise requires, -**

(1) 'Andhra Area' means the territories of the State of Andhra Pradesh
other than the Telangana area;

(2) 'Backward Classes' means any socially and educationally Backward
Classes of citizens recognised by the Government for purpose of clause (4) of
article 15 of the Constitution of India;

5[XXXX]

6 [(3) 'Building' means any structure for whatsoever purpose and
whatsoever materials constructed, and every part thereof whether used for

1. *For the words “Mandal Parishad” or “Madal Parishads” wherever they occur, the words “Mandal Praja
Parishad” or “Mandal Praja Parishads” substituted respectively by the Act No. 41 of 2006, S.2.
2. * For the words “Zilla Parishad” or “Zilla Parishads” wherever they occur, the words “Zilla Praja Parishad” or “Zilla
Praja Parishads” substituted respectively by the Act No. 41 of 2006, S.2.
3. Inserted by the Act No.7 of 1998, S.2.
4. Inserted by the Act No.7 of 1998, S.2.
5. Explanation omitted bythe Act No.5 of 1995, S.2, w.e.f. 30.12.1994.
6. Substituted by the Act No. 1 of 2021, S.2, w.e.f. 20.02.2020.


-----

human habitation or not. It includes foundation, Plinth, Walls, Floors, Roofs,
Chimneys, Plumbing and building services, fixed platforms, Verandah,
Balcony, Cornice or projection, part of a building or anything affixed thereto or
any wall enclosing or intended to enclose any land or space, and signs and
outdoor display structures. Tents, Pandals, shamiyanas/tarpaulin shelters not
be considered as buildings;”]

(4) 'Casual Vacancy' means a vacancy occurring otherwise than by efflux
of time, and 'casual election' means an election held to fill a casual vacancy;

(5) ' 1 *[Chairperson]' means the *[Chairperson] of a *[Zilla Praja
Parishad] elected under Section 181;

(6) 'Chief [2]*[Executive Authority]’ means the Chief *[Executive Authority]
of the *[Zilla Praja Parishad] appointed under Section 186;

(7) 'Collector' means any officer in-charge of a Revenue Division and
includes a Deputy Collector, a Sub-Collector and an Assistant Collector;

(8) 'Commissioner' means any officer who is authorised by the
Government to exercise any of the powers or discharge any of the duties of the
Commissioner under this Act;

(9) 'Company' means a Company as defined in the Companies Act, 1956,
(Central Act 1 of 1956) and includes a foreign company within the meaning of
section 591 of that Act;

(10) 'District Munsif' means the District Munsif appointed under the
Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972);

(11) 'Election Authority' means such authority not being a member or
office bearer of any local authority as may, by notification, be appointed by the
3*[Andhra Pradesh Election Commissioner for Local Bodies];

4[(12) 'Executive Authority' means the Panchayat Secretary appointed to
each Gram Panchayat;]

(13) [5][XXXX]

(14) 'Factory' means a factory as defined in the Factories Act, 1948,
(Central Act 63 of 1948) and includes any premises including the precincts
thereof 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;

(15) 'Finance Commission' means the Finance Commission constituted
by the Governor under section 235;

(16) 'Government' means the State Government;

(17) 'Gram Panchayat' means the body constituted for the local
administration of a village under this Act;

(18) 'Gram Sabha' means the gram sabha which comes into existence
under section 6;

(19) '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 garraging or parking buses or as a bus
1. * The words “Chairperson” and “Vice-Chairperson” substituted for the words “Chairman” and
“Vice-Chairman” respectively wherever it occur by the Act No. 7 of 2001, S.7, w.e.f.23.08.2001.
2. *The words “Executive Authority” substituted for the words “Executive Officer” and the words
“Executive Authority” for the words “*[Executive Authority]” respectively wherever it occur by
the Act No. 22 of 2002, S.12, w.e.f.20.06.2002.
3. * The words “Andhra Pradesh Election Commission for Local Bodies” and “Andhra Pradesh
Election Commissioner for Local Bodies” substituted for the words “State Election Commission”
and “State Election Commissioner” respectively wherever they occur, by the Act No. 33 of 1998,
S.2.
4. Substituted by the Act No. 22 of 2002, S.2, w.e.f.20.06.2002.
5. Omitted by the Act No. 22 of 2002, S.2, w.e.f.20.06.2002.


-----

stand, cattle shed (other than a cattle shed in an agricultural land, poultry
shed or dairy shed);

(20) 'Hut' means any building which is constructed principally of wood,
mud, leaves, grass, or thatch and includes any temporary structure of
whatever size or any small building of whatever material made, which the
Gram Panchayat may declare to be a hut for the purposes of this Act;

(21) 'Latrine' includes privy, water closet and urinal;

(22) '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 Andhra
Pradesh District (Formation) Act, 1974 (Act 7 of 1974);

(23) '*[Mandal Praja Parishad]' means,a *[Mandal Praja
Parishad] constituted or reconstituted under section 148;

(24) '*[Mandal Praja Parishad] Development Officer' means, the officer
appointed by that designation under section 168;

(25) 'Notification' means a notification published in the Andhra Pradesh
Gazette 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 or 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 as agent, trustee, guardian,
manager or 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;

1 [(28-A) 'Panchayat Secretary' means the "Panchayat Secretary"
appointed under Section 30;]

(29) 'POPULATION' or 'population at the last census' means the
population as ascertained at the last preceding census of which the relevant
figures have been published;

(30) 'PRESCRIBED' means prescribed by the Government by rules made
under this Act;

(31) 'PRESIDENT' means the President of a *[Mandal Praja
Parishad] elected under Section 153;

(32) 'Private Road' means any street, road, square, court, alley, passage
or 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;

(33) 'Public Road' means any street, road, square, court, alley, passage or
riding-path, over which the public have a right of way whether a thoroughfare
or not, and includes,
(a) the roadway over any public bridge or causeway;

1. Inserted by the Act No.22 of 2002, S.2, w.e.f.20.06.2002.


-----

(b) the footway attached to any such road, public bridge or causeway; and

(c) the drains attached to any such road, public bridge or causeway, and the land, whether covered or not by any pavement,
verandah or other structure, which lies on either side of the
roadway upto the boundaries of the adjacent property, whether
that property is private property or property belonging to
Government;

1[(34) '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;]

2[(34A) “Recognised Political Party” and “Registered Political Party” shall
have the meanings respectively assigned to them in the Election Symbols
(Reservation and Allotment) Order, 1968, issued by the Election Commission of
India under Article 324 of the Constitution of India and in the Registration of
Political Parties and Allotment of Symbols Order, 2001, issued by the State
Election Commission under Article 243-K of the Constitution of India;]

(35) '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;

(36) '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 to return to such house at any time and has not
abandoned his intention of returning;

(37) 'Sarpanch' means the Sarpanch of a Gram Panchayat elected under
Section 14;

(38) '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;

(39) '*[Andhra Pradesh Election Commission for Local Bodies]’ means the
*[Andhra Pradesh Election Commission for Local Bodies] constituted under
section 200;

(40)‘*[Andhra Pradesh Election Commissioner for Local Bodies]’means a
*[Andhra Pradesh Election Commissioner for Local Bodies] appointed by the
Governor under sub-section (2) of section 200;

(41) 'Telangana Area' means the territories specified in sub-section (1) of
section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);

(42) 'village' means any local area which is declared to be a village under
this Act;

3[(42a) ‘Ward’ meands a territorial division of a Gram Panchayat;]

(43) 'water-course' includes, any river, stream or channel, whether
natural or artificial;

(44) 'year' means the financial year;

1. Substituted by the Act No.26 of 2000, S.2, w.e.f. 31.07.2000.
2. Inserted by the Act No. 22 of 2006, S.2.
3. Substituted by the Act No. 1 of 2021, S.2, w.e.f. 20.02.2020.


-----

(45) '*[Zilla Praja Parishad]' means a *[Zilla Praja Parishad] constituted
under section 177.

**PART II**

**GRAM PANCHAYAT**
**CHAPTER I**
**CONSTITUTION, ADMINISTRATION AND CONTROL OF GRAM**
**PANCHAYATS**

**3. Declaration of a village for the purposes** **of this Act - (1)**
The 1 [Government] may, by notification and in accordance with the rules
made [2] [XXXX] ment in this behalf, declare any revenue village or hamlet
thereof or any part of a mandal to be a village for the purpose of this Act and
specify the name of the village.

**Explanation -** For the purposes of this sub-section the
expressions 'mandal' and 'revenue village' shall mean respectively any local
area which is recognised as a mandal or village in the revenue accounts of
Government after excluding therefrom the area, if any, included in 
(a) a municipal corporation governed by the relevant law relating to
Municipal Corporations for the time being in force in the State;

(b) a municipality governed by the law relating to Municipalities for
the time being in force in the State;

(c)a mining settlement governed by the Andhra Pradesh (Telangana
Area) Mining Settlements Act, 1956(Act XIV of 1956);

(d) a cantonment governed by the Cantonments Act, 1924( Central
Act, 2 of 1924);

(2) The [3][Government] may, by notification and in accordance with such
rules as may be prescribed in this behalf 
(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:

4[Provided that the Government shall take into consideration
the financial viability of the Gram Panchayat, to be newly created
before bifurcation of the said Gram Panchayat, for the purpose of
providing a Panchayat Secretary.]

(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) cancel a notification issued under sub-section (1).

(3) The [5][Government] may pass such orders as he 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
relating to such property or arising from such local area.

1. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.
2. Omitted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.
3. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.
4. Added by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.
5. Substituted by the Act No. 22 of 2002, S.3, w.e.f.20.06.2002.


-----

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 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 of by such authorities as may be specified in the
order.

**4. Constitution of gram panchayats for villages and their incorporation -**
(1) A gram panchayat shall be deemed to have been constituted for a village on
the date of publication of the notification under section 3 in respect of that
village and the Special Officer appointed under sub-section (1) of section 143
shall make arrangements for the election of the members and of the Sarpanch
of the gram panchayat as provided in that section.

(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 exercise functions expressly assigned by or under this Act or any other law
to its sarpanch or executive authority, or to any other local authority or other
authority.

(3) Every gram panchayat shall be a body corporate by the name of the
village specified in the notification issued under section 3, 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. Township - (1) The Government may declare, by a notification in the Andhra**
Pradesh 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 Commissioner shall, under sub-section (2)
of section 3, cancel the notification issued under sub-section (1) of that section
in respect of such 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 notification in the Andhra
Pradesh Gazette constitute a township committee, which shall consist of a
*[Chairperson] to be nominated by the Government and the following official
and non-official members, namely:
**A. OFFICIAL MEMBERS**

(i) in regard to a township constituted for an industrial or
institutional colony, labour colony, project area or health


-----

resort, the highest official representing the industry,
institution, project or health resort concerned;

(ii)the Chief *[Executive Authority] of the *[Zilla Praja
Parishad] concerned;

(iii) the Divisional Engineer, Electricity Board, in whose
jurisdiction the township is located;

(iv) the Executive Engineer, Panchayat Raj, of the Division in
which the township is located; and

(v) an officer of the Tourism Department wherever necessary
and in other cases an official representing the management
of the industry, institution, project or health resort
concerned as may be nominated by the Government; and

**B. NON-OFFICIAL MEMBERS**

(i) the Member of the Lok Sabha in whose constituency the
township is located;

(ii) the Member or Members of the Legislative Assembly in
whose constituency the township is located;

(iii) one woman member, who is a registered voter in the
township to be nominated by the Government; and

(iv) two persons who are registered voters in the township,
other than those persons specified in items (i) to (iii) and who
are specially qualified to assist and advise the Township
Committee on its various activities to be nominated by the
Government:

Provided that one of the Members to be nominated
under this clause shall be a member belonging to the
Scheduled Castes or Scheduled Tribes.

(4) The *[Chairperson] and the non-official members of the Committee
under items (iii) and(iv) of sub-section (3) shall hold office during the pleasure
of the Government and the official members and non-official members under
items (i) and (ii) of sub-section (3) shall hold office so long as they hold their
respective offices.

(5) A notification issued by the Government under sub-section (3) may
direct that any functions vested in a gram 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 township committee and the gram
panchayat concerned or any contributions or compensation
that shall be paid by the township committee to the gram
panchayat concerned.

(6) Every township committee shall, in regard to the conduct of its
business, follow such procedure as may be prescribed.

(7) The Government may, by notification in the Andhra Pradesh 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
any 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. Gram Sabha - (1) There shall come into existence a gram sabha for every**
village on the date of publication of notification 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.

(3) The gram sabha shall meet atleast twice in every year on such date
and at such place and time as may be prescribed to consider the following
matters which shall be placed before it by the gram panchayat, namely:
(i) annual statement of accounts and audit report;

(ii) report on the administration of the preceding year;

(iii) programme of works for the year or any new programme
not covered by the budget or the annual programme;

(iv) proposals for fresh taxation or for enhancement of
existing taxes;

(v) selection of schemes, beneficiaries and locations; and

(vi) such other matter as may be prescribed.

The gram panchayat shall give due consideration to the suggestions, if
any, of the gram sabha.

(4) The gram sabha shall observe such rules of procedure at its meetings
as may be prescribed.

1 [(5) Every meeting of the Gramsabha within 10 days from the date
prescribed under sub-section (3) shall be convened and presided over by the
Sarpanch or in his absence by theUpaSarpanch of the Gram Panchayat.]

**7. Total strength of a Gram Panchayat -** 2 [(1)] A gram panchayat shall
consist of such number of elected members inclusive of its Sarpanch as may be
notified from time to time, by the Commissioner in accordance with the
following Table:
**TABLE**

**Gram Panchayat with a Population at** **Number of**

**the Last Census** **members**

(1) (2)

Upto 300 5

Exceeding 300 but not exceeding 500 7

Exceeding 500 but not exceeding 1,500 9

Exceeding 1,500 but not exceeding 11
3,000

Exceeding 3,000 but not exceeding 13
5,000

Exceeding 5,000 but not exceeding 15

1. Substituted by the Act No. 22 of 2002, S.4, w.e.f. 20.06.2002.
2. Section 7 renumbered as sub-section (1) by the Act No. 16 of 1996, S.2, w.e.f. 08.02.1996.

|Gram Panchayat with a Population at the Last Census|Number of members|
|---|---|
|(1)|(2)|
|Upto 300|5|
|Exceeding 300 but not exceeding 500|7|
|Exceeding 500 but not exceeding 1,500|9|
|Exceeding 1,500 but not exceeding 3,000|11|
|Exceeding 3,000 but not exceeding 5,000|13|
|Exceeding 5,000 but not exceeding|15|


-----

|10,000|Col2|
|---|---|
|Exceeding 10,000 but not exceeding 15,000|17|
|Exceeding 15,000|between 19 & 21|


1[(2) The Member of the *[Mandal Praja Parishad] Territorial Constituency
shall be permanent invitee to the meetings of Gram Panchayats and he shall
have the right to speak in and otherwise to take part in the proceedings of any
meeting of the Gram Panchayat or Gram Panchayats functioning within the
local limits of the respective jurisdiction; but shall not, by virtue of this section
be entitled to vote at any such meeting.]

2 [(3) One representative from each category of Self Help
Group/Functional Group to be elected in a meeting of the Self Help
Group/Functional Group, which shall be presided over by the Sarpanch for cooption in the manner prescribed. They shall have the right to speak in and
otherwise to take part in Proceeding of any meeting but they shall not be
entitled to vote at any such meeting.]

**8. Election of Members - All members of the gram panchayat shall be elected**
by the registered voters in the ward by the method of secret ballot and in
accordance with such rules as may be made in this behalf.

**9. Reservation of seats of members of gram panchayat - (1) In every Gram**
Panchayat, out of the total strength of elected members determined under
section 7, the Commissioner shall, subject to such rules as may be prescribed,
by notification, reserve 
(a) such number of seats to the Scheduled Castes and Scheduled
Tribes as may be determined by him, subject to the condition that
the number of seats so reserved shall bear, as nearly as may be,
the same proportion to the total number of seats to be filled by
direct election to the gram panchayat, as the population of the
Scheduled Castes, or as the case may be, Scheduled Tribes in that
village bears to the total population of that village, and such seats
may be allotted by rotation to different wards in a gram panchayat;

3[Provided that in the Tribal Habitations / Tribal Thandas
with 100% Scheduled Tribes Population constituted as villages, all
the wards of ’ such villages shall be reserved for Scheduled Tribes
only.]

(b) [4][XXXX]

(c) not less than one-third of the total number of seats reserved
under[5][clause (a) and sub-section (1A)] for women belonging to the
Scheduled Castes, Scheduled Tribes or as the case may be, the
backward classes;

(d) not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes, Scheduled Tribes
and backward classes) of the total number of seats to be filled by
direct election to every gram panchayat shall be reserved for
women and such seats may be allotted by rotation to different
wards in a Gram Panchayat.

1. Added by the Act No. 16 of 1996, S.2, w.e.f. 08.02.1996.
2. Added by the Act No. 22 of 2002, S.5, w.e.f. 20.06.2002.
3. Added by the Act No. 1 of 2021, S.3, w.e.f. 20.02.2020.
4. Omitted by the Act No. 5 of 1995. S.3, w.e.f. 30.12.1994.
5. Substituted by the Act No. 5 of 1995. S.3, w.e.f. 30.12.1994.


-----

1[(1A) In addition to the reservation of seats under sub-section (1), there
shall be reserved for the Backward Classes such a number of seats as may be
allocated to them in each Gram Panchayat in the manner prescribed; so
however that the number of offices of members of Gram Panchayats in the
State reserved for Backward Classes shall not be less than thirty-four per cent
of the total number of offices of the members of Gram Panchayats in the State.
The number of seats allocated to each Gram Panchayat shall be allotted by
rotation to different wards in the Gram Panchayat:

Provided that it shall be competent for the Government to make special
provision with regard to the manner and quantum of seats to be reserved for
Backward Classes in the Gram Panchayats situated in the Scheduled areas, by
rules made in this behalf."]

(2) Nothing in [2][sub-sections (1) and (1A)] shall be deemed to prevent
women and Members of the Scheduled Castes, Scheduled Tribes or backward
classes from standing for election to the non-reserved seats in the gram
panchayat.

**10. Division of wards - For the purpose of electing members to a gram**
panchayat, the Commissioner shall, subject to such rules as may be prescribed
divide the village into as many wards as there are seats, determined under
section 7, on a territorial basis in such a manner that all wards shall have, as
far as practicable, equal number of voters and allot not more than one seat for
each ward.

**11. Preparation and publication of electoral roll for a gram panchayat –**

(1) The [3][XXXX]electoral roll for gram panchayat shall be prepared by the
person authorised by the *[Andhra Pradesh Election Commissioner for Local
Bodies] in such manner by reference to such qualifying date as may be
prescribed and the electoral roll for the gram panchayat shall come into force
immediately [4][upon its publication]in accordance with the rules made by the
Government in this behalf. The [3][XXXX] electoral roll for the gram panchayat
shall consist of such part of the electoral roll for the Assembly Constituency
published under the Representation of the People Act, 1950 (Central Act 43 of
1950) as revised or amended under the said Act, upto the qualifying date, as
relates to the village or any portion thereof:

**5[Provided that any amendment, transposition or deletion of any entries**
in the electoral roll, or any inclusion of names in the electoral roll of the
Assembly Constituencies concerned, made by the Electoral Registration Officer
under section 22 or section 23, as the case may be, of the Representation of
the People Act, 1950 (Central Act 43 of 1950), up to the date of election
notification, for any election held under this Act, shall be carried out in the
electoral roll of the Gram Panchayat and any such names included shall be
added to the part relating to the last ward]

**_Explanation - Where in the case of any Assembly Constituency there is no_**
distinct part of the electoral roll relating to the village, all persons whose names
are entered in such roll under the registration area comprising the village and
whose addresses as entered are situated in the village shall be entitled to be

1. Inserted by the Act No.5 of 1995, S.3, w.e.f. 30.12.1994.
2. Substitued by the Act No.5 of 1995, S.3, w.e.f. 30.12.1994.
3. Omitted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.
4. Substituted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.
5. Inserted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.


-----

included in the electoral roll for the gram panchayat prepared for the purposes
of this Act.

1[(2) The electoral roll for a Gram Panchayat
(a) shall be prepared and published in the prescribed manner by
reference to the qualifying date,
(i) before each ordinary election; and

(ii) before each casual election to fill a casual vacancy in the
office of the Sarpanch and Member of a Gram Panchayat; and

(b) shall be prepared and published in any year, in the prescribed
manner, by reference to the qualifying date, if so directed by the
State Election Commission:

Provided that if the electoral roll is not prepared and
published as aforesaid, the validity, or continued operation of the
said electoral roll, shall not thereby be affected.]

(3) 2 [The electoral roll] published under sub-section (1) shall be the
electoral roll for the gram panchayat and it shall remain in force till a fresh
electoral roll for the gram panchayat is published under this section.

(4) The electoral roll for the gram panchayat shall be divided into as
many parts as there are wards so that each part consists of the voters residing
in the concerned ward and for this purpose the electoral roll may be rearranged
if such rearrangement is found necessary.

(5) Every person whose name appears in the part of the electoral roll
relating to a ward shall subject to the other provisions of this Act, be entitled to
vote at any election which takes place in that ward while the electoral roll
remains in force and no person whose name does not appear in such part of
the electoral roll shall vote at any such election.

(6) No person shall vote at an election under this Act in more than one
ward or more than once in the same ward and if he does so, all his votes shall
be invalid.

**Explanation - In this section, the expression 'Assembly Constituency' shall**
mean a constituency provided by law for the purpose of elections to the Andhra
Pradesh Legislative Assembly.

**12. Rearrangement and republication of electoral rolls - Where, after the**
electoral roll for the Gram Panchayat has been published under sub-section (1)
of section 11, the village is divided into wards for the first time or the division of
the village into wards is altered or the limits of the village are varied, the person
authorised by the *[Andhra Pradesh Election Commissioner for Local Bodies] in
this behalf shall in order to give effect to the division of the village into wards or
to the alteration of the wards, or to the variation of the limits, as the case may
be, authorise are-arrangement and re-publication of the electoral roll for the
Gram Panchayat or any part of such roll in such manner, as the *[Andhra
Pradesh Election Commissioner for Local Bodies] may direct.

**13. Term of office of members - (1) Save as otherwise provided in this Act the**
term of office of members elected at ordinary elections shall be five years from
the date appointed by the Commissioner for the first meeting of the gram
panchayat after the ordinary elections.

(2) Ordinary vacancies in the office of elected members shall be filled at
ordinary elections which shall be fixed [3][by the State Election Commission] to
take place on such day or days within three months before the occurrence of
the vacancies, as he thinks fit:

1. Substituted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.
2. Substituted by the Act No.26 of 2000, S.3, w.e.f. 31.07.2000.
3. Substituted by the Act No. 22 of 2006, S.3.


-----

Provided that the *[Andhra Pradesh Election Commissioner for Local
Bodies] may, for sufficient reasons to be recorded in writing, direct from time to
time, the postponement or alteration of the date of an ordinary election or any
stage thereof within the period of three months aforesaid and the election
authority shall give effect to such direction.

(3)(a) Every casual vacancy in the office of an elected member of a gram
panchayat shall be reported by the executive authority to the election authority
within fifteen days from the date of occurrence of such vacancy and shall be
filled within four months from that date.

(b) A member elected in a casual vacancy shall enter upon office
forthwith but shall hold office only so long as the member in whose
place he is elected would have been entitled to hold office if the
vacancy had not occurred.

(c) No casual election shall be held to a gram panchayat within six
months before the date on which the term of office of its members
expires by efflux of time.

**14. Election and term of office of Sarpanch - (1) There shall be a Sarpanch**
for every gram panchayat, who shall be elected in the prescribed manner by the
persons whose names appear in the electoral roll for the gram panchayat, from
among themselves. A person shall not be qualified to stand for election as
Sarpanch, unless he is not less than twenty-one years of age:

Provided that a Member of the Legislative Assembly of the State or of
either House of Parliament who is elected to the office of Sarpanch or UpaSarpanch shall cease to hold such office unless within one month from the
date of election to such office he ceases to be a Member of the Legislative
Assembly of the State or of either House of Parliament by resignation or
otherwise.

(2) The election of the Sarpanch may be held at the same time and in the
same place as the ordinary elections of the members of the gram panchayat.

(3) Save as otherwise expressly provided in, or prescribed under this Act,
the term of office of the Sarpanch who is elected at an ordinary election shall
be five years from the date appointed by the election authority for the first
meeting of the gram panchayat after the ordinary election.

(4) Subject to the provisions of sub-section (5), any casual vacancy in the
office of the Sarpanch shall be filled within one hundred and twenty days from
the date of occurrence of such vacancy, by a fresh election under sub-section
(1); and a person elected as Sarpanch in any such vacancy shall hold office
only so long as the person in whose place he is elected would have been
entitled to hold office if the vacancy had not occurred.

(5) Unless the Commissioner otherwise directs, no casual vacancy in the
office of the Sarpanch shall be filled within six months before the date on which
the ordinary election of the Sarpanch under sub-section (1) is due.

(6) The provisions of sections 18 to 22 shall apply in relation to the office
of the Sarpanch as they apply in relation to the office of an elected member of
the gram panchayat.

(7) The Sarpanch shall be an ex-officio member of the gram panchayat
and shall be entitled to vote at meetings of the gram panchayat.

(8) A person shall be disqualified for election as Sarpanch if he is in
arrears of any dues, other-wise than in a fiduciary capacity to a *[Mandal Praja
Parishad], or if he is interested in a subsisting contract made with or any work
being done for, the *[Mandal Praja Parishad] within whose jurisdiction the
gram panchayat is situated or any other gram panchayat within the
jurisdiction of that *[Mandal Praja Parishad];


-----

Provided that a person shall not be deemed to have any interest in such
contract or work by reason only of his having a share or interest in,
(i) a company as a mere shareholder but not as a director; or

(ii) any lease, sale or purchase of immovable property or any
agreement for the same; or

(iii) any agreement for the loan of money or any security for
the payment of money only;or

(iv) any newspaper in which any advertisement relating to
the affairs of any of the aforesaid gram panchayat is
inserted.

**Explanation - For the removal of doubts it is hereby declared that where a**
contract is fully performed it shall not be deemed to be subsisting merely on
the ground that the *[Mandal Praja Parishad] has not performed its part of the
contractual obligation.

(9) For every gram panchayat, one of the members shall be elected to be
Upa-Sarpanch by the gram panchayat, in the prescribed manner. If at an
election held for the purpose, no Upa-Sarpanch is elected fresh election shall
be held:

Provided that before an election of Upa-Sarpanch is held, every casual
vacancy in the office of an elected member of a gram panchayat shall be filled.

(10) A special meeting for the election of the Upa-Sarpanch shall be
called on the same date on which the results of the ordinary elections to the
gram panchayat have been published. The notice of the meeting for election of
Upa-Sarpanch shall be given to the members so elected by affixture of the
same on the notice board at the office of the gram panchayat, immediately after
such publication:

Provided that if, for any reason, the election of the Upa-Sarpanch is not
held on the date aforesaid the special meeting for the election of the UpaSarpanch shall be held on the next day, whether or not it is a holiday observed
by the gram panchayat:

Provided further that [1] [the*[Andhra Pradesh Election Commission for
Local Bodies]] may, from time to time, for reasons to be recorded in writing
direct or permit the holding of the election of the Upa-Sarpanch on any other
day.

**15. Reservation of office of Sarpanch –** [2][(1)] Out of total number of offices of
Sarpanch in the State, the Commissioner shall, subject to such rules as may
be prescribed, by notification reserve,
(a) such number of offices to the Scheduled Castes and Scheduled
Tribes as may be determined by him, subject to the condition that the
number of offices so reserved shall bear, as nearly as may be, the
same proportion to the total number of offices to be filled in the State
as the population of the Scheduled Castes or as the case may be
Scheduled Tribes in the State bears to the total population of the
State; and such seats may be allotted by rotation to different gram
panchayats in the State;

3[Provided that in the Tribal Habitations / Tribal Thandas with
100% Scheduled Tribes Population constituted as villages, all the
Offices of Sarpanchofsuch villages shall be reserved for Scheduled
Tribes only.]

(b) [4][XXXX]

1. Substituted by the Act No. 23 of 1997, S.2, w.e.f. 30.01.1996.
2. Renumbered by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.
3. Added by the Act No. 1 of 2021, S.4, w.e.f. 20.02.2020.
4. Omitted by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.


-----

(c) not less than one-third of the total number of offices reserved
under [1][clauses (a) and sub-secton (2)] for women belonging to the
Scheduled Castes, Scheduled Tribes, or as the case may be,
backward classes; and

(d) not less than one-third (including the number of offices reserved
for women belonging to the Scheduled Castes, Scheduled Tribes and
the backward classes) of the total number of offices to be filled in the
State; for women; and such offices may be allotted by rotation to
different gram panchayats in the State.

2[(2) In addition to the reservation of offices of Sarpanch under subsection (1), there shall be reserved for the Backward Classes such number of
Offices of Sarpanch as may be allocated to them in each Mandal in the manner
prescribed; so, however, that the number of Offices or Sarpanchas in the State
reserved for Backward Classes shall not be less than thirty-four percent of the
total number of offices of Sarpanchas of Gram Panchayats in the State. The
number of offices of Sarpanchas allocated for reservation to each Mandal shall
be allotted by rotation to different Gram Panchayats in the Mandal:

Provided that it shall be competent for the Government to make special
provision with regard to the manner and quantum of seats to be reserved for
Backward Classes in the Gram Panchayats situated in the Scheduled areas, by
rules made in this behalf.]

**16. Fresh elections in certain cases - (1) If at an ordinary or casual election,**
no person is elected to fill a vacancy, a fresh election shall be held on such day
as the officer or authority authorised by the *[Andhra Pradesh Election
Commissioner for Local Bodies] in this behalf, may fix.

(2) The term of office of a member of a gram panchayat elected under this
section shall expire at the time at which it would have expired if he had been
elected at the ordinary or casual election, as the case may be.

**17. Qualification of candidates - No person shall be qualified for election as a**
member of a gram panchayat unless his name appears on its electoral roll and
he is not less than twenty-one years of age.

**18. Disqualification of certain office holders etc. - (1) No village servant and**
no officer or servant of the Government of India or any State Government or of
a local authority or an employee of any institution receiving aid from the funds
of the Government and no office bearer of anybody constituted under a law
made by the Legislature of the State or of Parliament shall be qualified for
being chosen as or for being a member of a gram panchayat.

**Explanation:- For the purpose of this section the expression "village servant"**
means in relation to,
(i) the Andhra Area, any person who holds any of the village
offices of neeraganti, neeradi, vetti, kawalkar toti, talayar,
tandalagar, sathsindi or any such village office by whatever
designation it may be locally known;

(ii) the Telangana Area, any person who holds any of the
village offices of neeradi, kawalkar, sathsindhi or any such
village office by whatever designation it may be locally
known.

(2) A person who having held an office under the Government of India or
under the Government of any State or under any local authority has been
dismissed for corruption or for disloyality to the State or to the local authority
shall be disqualified for a period of five years from the date of such dismissal.

(3) For the purpose of sub-section (2), a certificate issued by the *[Andhra
Pradesh Election Commissioner for Local Bodies] to the effect that a person

1. Substituted by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.
2. Inserted by the Act No. 5 of 1995, S.4, w.e.f 30.12.1994.


-----

having held office under the Government of India or under the Government of
State or under any local authority has or has not been dismissed for corruption
or for disloyalty to the State or to the local authority shall be conclusive proof
of that fact:

Provided that no certificate to the effect that a person has been dismissed
for corruption or for disloyalty to the State or to the local authority shall be
issued unless an opportunity of being heard has been given to the said person.

(4) [1][XXXX]

(5) Apart from the disqualifications specified in [2][sub-sections (1) and
(2)] of this section and sections 19 and 20, a person shall be disqualified for
being chosen as, and for being, a member of a gram panchayat if he is
otherwise disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State:

Provided that no person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained the age of twenty-one
years:

Provided further that where a person is convicted for an offence specified
under sub-section (1) or sub-section (2) of section 8 of the Representation of
People Act, 1951, (Central Act 43 of 1951), or under section 19 of this Act,
while he is a member or office bearer of a gram panchayat, *[Mandal Praja
Parishad] or *[Zilla Praja Parishad], the disqualification arising out of such
conviction shall not take effect until the expiry of the time for filing an appeal
against such conviction and where an appeal is filed until the disposal of the
appeal:

Provided also that a person convicted for an offence under sub-section (1)
of section 8 of the Representation of People Act, 1951 (Central Act 43 of 1951)
shall be disqualified for being chosen as or for continuing as a member of a
gram panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] for a
period of six years from the date of conviction and a person convicted under
sub-section (2) thereof shall be disqualified for a period of six years from the
date of conviction and for a further period of five years from the date of release.

**19. Disqualification of Candidates - (1) A person who has been convicted by a**
Criminal Court,
(a) for an offence under the Protection of Civil Rights Act, 1955
(Central Act 22 of 1955); or

(b) for an offence involving moral delinquency; shall be disqualified
for election as a Member for a period of five years from the date of
conviction or where he is sentenced to imprisonment while
undergoing sentence and after a period of five years from the date
of expiration thereof.

(2) A person shall be disqualified for being chosen as a member if on the
date fixed for scrutiny of nominations for election, or on the date of nomination
under sub-section (2) of section 16 he is 
(a) of unsound mind and stands so declared by a competent court;

(b) a deaf-mute [3][XXXX];

(c) an applicant to be adjudicated an insolvent or an undischarged
insolvent;

(d) interested in a subsisting contract made with, or any work
being done for, the gram panchayat, *[Mandal Praja

1. Omitted by the Act No.37 of 2001, S.2, w.e.f.23.08.2001.
2. Substituted by the Act No.37 of 2001, S.2, w.e.f.23.08.2001.
3. Omitted by the Act No. 22 of 2002, S.6, w.e.f. 20.06.2002.


-----

Parishad], *[Zilla Praja Parishad] or any State or Central
Government:

Provided that a person shall not be deemed to have any
interest in such contract or work by reason only of his having a
share or interest in.

(i) a company as a mere shareholder but not as a director;

(ii) any lease, sale or purchase of immovable property or any
agreement for the same; or

(iii) any agreement for the loan of money or any security for
the payment of money only;or

(iv) any newspaper in which any advertisement relating to
the affairs of the gram panchayat is inserted;

**Explanation:- For the removal of doubts it is hereby declared that where a**
contract is fully performed it shall not be deemed to be subsisting merely on
the ground that the gram panchayat, *[Mandal Praja Parishad], *[Zilla Praja
Parishad], the State or Central Government has not performed its part of the
contractual obligations;

1[(dd) already a member of a Nagar Panchayat or a Municipality
constituted under the Andhra Pradesh Municipalities Act, 1965
(Act VI of 1965) or a member of a Municipal Corporation
constituted under any law relating to Municipal Corporations for
the time being in force in the State of Andhra Pradesh;]

(e) employed as paid legal practitioner on behalf of the gram
panchayat or as legal practitioner against the gram panchayat;

(f) employed as a [2][XXXX], manager or secretary of any Company
or Corporation (other than a co-operative society) in which not less
than twenty-five per cent of the paid up share capital is held by the
State Government;

(g) anhonorary Magistrate under the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) with jurisdiction over any part of the
village;

(h) already a member of the gram panchayat whose term of office
will not expire before his fresh election can take effect or has
already been elected as a member of the gram panchayat whose
term of office has not yet commenced;

(i) in arrears of any dues including the sums surcharged otherwise
than in a fiduciary capacity, to the gram panchayat upto and
inclusive of the previous year, in respect of which a bill or notice
has been duly served upon him and the time, if any, specified
therein for payment has expired:

Provided that where any person has paid such dues into the
Government treasury or into a bank approved by the Government
to the credit of the gram panchayat fund and obtained a challan or
receipt therefor in token of such payment, he shall not be
disqualified to become a member of the gram panchayat on and
from the date of such payment.

(3) A person having more than two children shall be disqualified for
election or for continuing as member:

Provided that the birth within one year from the date of commencement
of the Andhra Pradesh Panchayat Raj Act, 1994 hereinafter in this clause
referred to as the date of such commencement, of an additional child shall not
be taken into consideration for the purposes of this clause:

1. Inserted by the Act No. 22 of 2006, S.4.
2. Omitted by the Act No. 5 of 1995, S.5, w.e.f. 30.12.1994.


-----

Provided further that a person having more than two children (excluding
the child if any born within one year from the date of such commencement)
shall not be disqualified under this clause for so long as the number of children
he had on the date of such commencement does not increase:

Provided also that the Government may direct that the disqualification in
this section shall not apply in respect of a person for reasons to be recorded in
writing.

1[19A. Diaqualification on ground of corrupt practice or election offencesAny person who is convicted of any offence punishable under Chapter IX A of
the Indian Penal Code, 1860(Central Act 45 of 1860), and any person against
whom a finding of having indulged in any corrupt practice is recorded in the
verdict in an election petition filed in accordance with section 233, or any
person convicted of an offence punishable under Chapter II of Part V of this
Act, shall be disqualified for contesting in any election held under this Act, for
a period of six years from the date of such conviction or verdict, as the case
may be.

2[Provided that such convicted person shall cease to hold office in case he
is already elected.]

**19B. Disqualification for failure to lodge account of election expenses - If**
the State Election Commission is satisfied that a person
(a) has failed to lodge an account of election expenses within the time
and in the manner required by or under this Act, and

(b) has no good reason or justification for the failure, the State Election
Commission shall, after following the procedure prescribed, by order published
in the Andhra Pradesh Gazette, declare him:
(i) to be ineligible for a period of three years from the date of the said
order to contest any election held for any office under this Act; and

(ii) to have ceased to hold office; in case he is elected.]

**20. Disqualification of members - subject to the provisions of section 22, a**
member shall cease to hold office as such if he
(a) is or becomes subject to any of the disqualifications specified in
section 19;

3 [(aa) is elected as a member to a Ward/Office reserved for
Scheduled Castes or Scheduled Tribes or Backward Classes on the
basis of a community certificate and subsequently the said
community certificate is cancelled under section 5 of the Andhra
Pradesh (Scheduled Castes, Scheduled Tribes and Backward
Classes) Regulation of issue of Community Certificates Act, 1993
(Act 16 of 1993).]

(b) absents himself from the meetings of the gram panchayat for a
period of ninety days, reckoned from the date of the
commencement of his term of office, or of the last meeting which
he attended, or of his restoration to office as member under subsection (1) of section 21, as the case may be, or if within the said
period, less than three ordinary meetings have been held, absents
himself from three consecutive ordinary meetings held after the
said date:

Provided that in the case of a woman member, a period of
not more than four months at a time shall be excluded in
reckoning the period of absence aforesaid, if for reasons of physical
disability due to advanced stage of pregnancy and delivery, such
member absents herself from meetings after giving a written

1. Inserted by the Act No.26 of 2000, S.4, w.e.f. 31.07.2000.
2. Added by the Act No. 1 of 2021, S.5, w.e.f. 20.02.2020.
3. Inserted by the Act No.37 of 2001, S.3, w.e.f.23.08.2001.


-----

intimation to the executive authority of the date from which she
would be absent:

Provided further that no meeting from which a member
absented himself shall be counted against him under this clause if
–

(i) due notice of that meeting was not given to him in the
prescribed manner; or

(ii) the meeting was held on a requisition of members.

**Explanation - For the purpose of this clause,**

(i) "ordinary meeting" shall mean a meeting held after giving
a notice of atleast three days before the day of the meeting;

(ii) where a meeting other than an ordinary meeting
intervenes between one ordinary meeting and another
ordinary meeting, those two ordinary meetings shall be
regarded as being consecutive to each other.

1[20A.XXXX

**20B. XXXX]**

**21. Restoration of members to office- (1) Where a person ceased to be a**
member under section 18 or clause (a) of section 20 read with section 19, he
shall be restored to office for such portion of the period for which he was
elected as may remain unexpired at the date of such restoration, if and when
the conviction or the sentence is annulled on appeal or revision or the
disqualification caused by the sentence is removed by an order of the
Government; and any person elected to fill the vacancy in the interim shall, on
such restoration, vacate office.

(2) Where a person incurs the disqualification specified under clause (b)
of section 20, the executive authority shall forthwith send a report in that
regard to the District Panchayat Officer concerned, who shall, on satisfying
himself after due verification, that the person has ex-facie ceased to be a
member, intimate that fact by registered post to the member concerned and
report the same to the gram panchayat forthwith. If such member applies for
restoration of his membership to the gram panchayat within thirty days of the
receipt by him of such intimation, he shall be deemed to have been restored to
his membership and the executive authority shall report the fact of such
restoration to the gram panchayat at its next meeting:

Provided that a member who is so restored to his membership again
incurs the disqualification under the said clause (b), the gram panchayat may,
on his application for restoration filed within a period of thirty days of the
receipt by him of the intimation from the District Panchayat Officer regarding
the disqualification restore him to his membership.

**22. Authority to decide questions of dis-qualifications of members - (1)**
Where an allegation is made that any person who is elected as a member of a
gram panchayat is not qualified or has become disqualified under section 17,
section 18, section 19 or section 20 by any voter or authority to the executive
authority in writing and the executive authority has given intimation of such
allegation to the member through the District Panchayat Officer and such
member disputes the correctness of the allegation so made, or where any
member himself entertains any doubt whether or not he has become
disqualified under any of those sections, such member or any other member
may, and the executive authority, at the direction of the gram panchayat or the
Commissioner shall, within a period of two months from the date on which
such intimation is given or doubt is entertained, as the case may be, apply to

1. Sections 20A and 20B Omitted by the Act No. 1 of 2021, S6, w.e.f. 20.02.2020, previously Added by the Act No.
22 of 2002, S.7, w.e.f. 20.06.2002.


-----

the [1][District Court] having jurisdiction over the area in which the office of the
gram panchayat is situated for decision.

(2) Pending such decision, the member shall be entitled to act as if he is
qualified or were not disqualified.

(3) Where a person ceases to be the Sarpanch or Upa-Sarpanch of a gram
panchayat as a consequence of his ceasing to be a member of the gram
panchayat under clause (b) of section 20 and is restored later to his
membership of the gram panchayat under sub-section (2) of section 21, he
shall with effect from the date of such restoration, be deemed to have been
restored also to the office ofSarpanch or Upa-Sarpanch, as the case may be.

2[22-A. Bar jurisdiction - No order passed or proceedings taken under the
provisions of this Act, shall be called in question in any Court, in any suit or
application; and no injunction shall be granted by any Court except District
Court in respect of any action taken or about to be taken in pursuance of any
power conferred by or under this Act.]

**23. Resignation of members, Upa-Sarpanch, Sarpanch - (1) The Sarpanch,**
Upa-Sarpanch or any member may resign his office in the manner prescribed.

(2) (a) Notwithstanding that the resignation of a person from the office of
Sarpanch has taken effect under sub-section (1), the Commissioner may by
notification record a finding, with reasons therefor, that such person is guilty of
wilful omission or refusal to carry out, or disobedience of, the provisions of the
Act or any rules, bye-laws, regulations or lawful orders made thereunder or
abuse of the powers vested in him, while he held the office of Sarpanch:

Provided that the Commissioner shall, before issuing such
notification give the person concerned an opportunity
for explanation:

Provided further that no action under this clause shall be
taken after the expiration of one year from the date on which the
resignation has taken effect.

(b) A person aggrieved by the notification issued under clause (a)
may, within thirty days from the date of publication of such
notification prefer an appeal to the Government and the
Government shall in case the appeal is allowed, cancel such
notification.

(c) A person in respect of whom a notification was issued under
clause (a) shall, unless the notification is cancelled under clause
(b), be ineligible for election as Sarpanch for a period of three years
from the date of publication of such notification.

**24. Cessation of Upa-Sarpanch- The Upa-Sarpanch shall cease to hold the**
office as such on the expiry of his term of office as a member of the gram
panchayat or on his otherwise ceasing to be such member.

**25. Powers and functions of the Sarpanch- Save as otherwise provided by or**
under this Act, the Sarpanch shall,
(a) make arrangements for the elections of the Upa-Sarpanch within
one month from the date of occurrence of the Vacancy;

(b) have full access to the records of the gram panchayat;

(c) exercise administrative control over the *[Executive Authority], if
there is one, for the purpose of implementation of the resolutions of
the gram panchayat or any committee thereof;

1. Substituted by the Act No. 22 of 2002, S.8, w.e.f. 20.06.2002.
2. Inserted by the Act No. 22 of 2002, S.9, w.e.f. 20.06.2002.


-----

(d) exercise all the powers and perform all the functions specifically
conferred or imposed on the Sarpanch by this Act or the rules made
thereunder;

(e) have power to require any *[Executive Authority] of any village
within the jurisdiction of the gram panchayat to furnish any
information on any matter falling within such categories as may be
prescribed in respect of such village or any person or property
therein, required for the purpose of this Act;

(f) intimate to the District Panchayat Officer, every case where any
member has incurred any disqualification under sections 16 to 20;
and

(g) act only within the terms of sanction given in any resolution of the
gram panchayat.

1[(h) maintain sanitation in the village;

(i) take up plantation and maintain Green coverage in the village;

(j) for the purpose of effective functioning of the Gram Panchayat, the
Sarpanch shall reside in the village and visit the Gram Panchayat
office regularly.]

**26. Devolution and delegation of Sarpanch's powers and functions and**
**filling up of vacancies in the office of Sarpanch - (1) When the office of**
Sarpanch is vacant, the Upa-Sarpanch shall exercise the powers and perform
the functions of the Sarpanch until a new Sarpanch is declared elected and
assumes office.

(2) If the Sarpanch has been continuously absent from jurisdiction for
more than fifteen days or is restrained by an order of a Court from exercising
the powers and performing the functions of the Sarpanch, or is incapacitated
for more than fifteen days, his powers and functions during such absence,
restraint or incapacity shall devolve on the Upa-Sarpanch.

(3) When the Sarpanch is under suspension or when the office of
Sarpanch is vacant or the Sarpanch has been continuously absent from
jurisdiction for more than fifteen days or is restrained by an order of a Court
from exercising the powers and performing the functions of the Sarpanch or is
incapacitated for more than fifteen days and the Upa-Sarpanch also is under
suspension or there is either a vacancy in the office of Upa-Sarpanch or the
Upa-Sarpanch has been continuously absent from jurisdiction for more than
fifteen days or is restrained by an order of a Court from exercising the powers
and performing the functions of the Upa-Sarpanch or is incapacitated for more
than fifteen days, the powers and functions of the Sarpanch shall devolve on a
member of gram panchayat appointed by the Commissioner in this behalf.

The member so appointed shall be styled as the temporary Sarpanch and
he shall exercise the powers and perform the functions of the Sarpanch until a
new Sarpanch or Upa-Sarpanch is declared elected or either the Sarpanch or
the Upa-Sarpanch ceases to be under suspension or returns to jurisdiction or
ceases to be restrained by an order of a Court or recovers from his incapacity,
as the case may be.

(4) The Upa-Sarpanch or the temporary Sarpanch appointed under subsection (3) shall report to the District Panchayat Officer, any vacancy in the
office of Sarpanch within one month from the date of occurrence of such
vacancy.

(5) Subject to such rules as may be prescribed, the Sarpanch may, by an
order in writing, delegate any of his powers and functions, with such
restrictions and conditions as may be specified in the order, to the UpaSarpanch or in case there is a vacancy in the office of Upa-Sarpanch or the

1. Added by the Act No. 1 of 2021, S.7, w.e.f. 20.02.2020.


-----

Upa-Sarpanch has been continuously absent from jurisdiction for more than
fifteen days or is restrained by an order of a Court from exercising his powers
and performing his functions to any member.

(6) The reference to the powers and functions of Sarpanch in subsections (1), (2), (3) and (5) shall, where he is also the executive authority, be
deemed to include a reference to his powers and functions as executive
authority.

(7) The exercise of any powers or the performance of any functions
devolving on the Upa-Sarpanch under sub-section (2) or delegated to the UpaSarpanch or any member under sub-section (5), shall be subject to the control
and revision by the Sarpanch.

**27. Removal of temporary Sarpanch - The Commissioner may, by order, for**
sufficient cause to be specified therein, remove the temporary Sarpanch
appointed under sub-section (3) of section 26 after giving him an opportunity
to show cause against such removal.

**28. Rights of individual members - (1) Any member may call the attention of**
the executive authority to any neglect in the execution of gram panchayat
work, to any waste of gram panchayat property or to the wants of any locality
and may suggest any improvements which may appear desirable and
thereupon the executive authority, shall explain at the next meeting of the
gram panchayat, the action, if any, that has been taken or is proposed to be
taken with reference to, the matter to which attention has been called, or the
improvements suggested by the member.

(2) Every member shall have the right to move resolutions and to
interpellate the Sarpanch on matters connected with the administration of the
gram panchayat, subject to such rules as may be prescribed.

(3) Every member shall have access during office hours to the records of
the gram panchayat after giving due notice to the executive authority, provided
that the executive authority, may, for reasons given in writing, forbid such
access:

Provided that the member who has been denied such access may prefer
an appeal to the Extension Officer (Panchayats) whose decision thereon shall
be final.

**29. No Sarpanch, Upa-Sarpanch or members to receive remuneration - No**
Sarpanch, Upa-Sarpanch or member shall receive, or be paid from the funds at
the disposal of or under the control of the gram panchayat, any salary or other
remuneration for services rendered by him whether in his capacity as such or
in any other capacity. Nothing in this section shall prevent the Sarpanch from
receiving any honorarium fixed by order, by the Government.

**30. Appointment of *[Executive Authoritys] for certain gram panchayats -**
(1) A whole time or a part-time *[Executive Authority]shall be appointed
by the Commissioner for any gram panchayat or for any group of contiguous
gram panchayats which may be notified by him in this behalf:

Provided that before notifying a group of gram panchayats under this
sub-section, the Commissioner shall obtain the approval of the Government.

(2) In the case of every gram panchayat not so notified and also in the
case of any gram panchayat so notified if there is no *[Executive Authority]
incharge, the Sarpanch of the gram panchayat shall, subject to such rules as
may be prescribed, exercise the powers and perform the functions of the
*[Executive Authority].

(3) Save as otherwise prescribed, no *[Executive Authority] appointed
under sub-section (1) shall undertake any work unconnected with his office
without the sanction of the Government.

(4) The *[Executive Authority] shall be subordinate to the gram
panchayat.


-----

**31. Functions of *[Executive Authority]–** [1][(1) The Panchayat Secretary, with
the approval of, or on the direction of the Sarpanch, convene the meetings of
the Gram Panchayat so that atleast one meeting of the Gram Panchayat is held
every month and if he fails to discharge that duty, with the result that no
meeting of the Gram Panchayat is held within a period of ninety days from the
last meeting he shall be liable to disciplinary action under the relevant rules:

Provided that where the Sarpanch fails to give his approval for convening
the meeting so as to hold a meeting within the period of ninety days aforesaid,
the Panchayat Secretary shall himself convene the meeting in the manner
prescribed.]

(2) The *[Executive Authority] shall ordinarily attend to the meetings of
the gram panchayat or of any committee thereof and shall be entitled to take
part in the discussions thereat, but he shall not be entitled to vote or to move
any resolution.

**32. Functions of the Executive Authority- The executive authority shall, -**

(a) be responsible for implementing the resolutions of the gram
panchayat and of the Committee thereof:

Provided that where the executive authority considers that a
resolution has not been legally passed or is in excess of the powers
conferred by this Act or that if carried out, it is likely to endanger
human life or health or the public safety, the executive authority
shall,
(i) where he is the Sarpanch directly;

(ii) where he is not the Sarpanch, through the Sarpanch,
refer the matter to the Commissioner for orders, and his
decision shall be final;

(b) control all the officers and servants of the gram panchayat;

(c) exercise all the powers and perform all the functions specifically
conferred or imposed on the executive authority by or under this
Act and subject to all restrictions and conditions imposed by or
under this Act, exercise the executive power for the purpose of
carrying out the provisions of this Act and be directly responsible
for the due fulfilment of the purpose thereof.

2[33. Emergency powers of Sarpanch - In case of any disaster as defined in
the Disaster Management Act, 2005 or in case of emergency, like fire accidents,
epidemics, failure of drinking water supply, the Sarpanch, direct the execution
of any work or the doing of any act which requires the sanction of the Gram
Panchayat or any of its Committees and the immediate execution or the doing
of which is, in his opinion, necessary for the service or safety of the general
public, but he shall report the action taken under this section and the reasons
thereof to the Panchayat, Gram Sabha and the concerned Committee at its
next meeting:

Provided that he shall not direct the execution of any work or the doing
of any act in contravention of any order of the Government or exceed an
amount prescribed by the Government or the expenditure shall not exceed an
amount prescribed by the Government.]

**34. Exercise of functions of executive authority by Health Officer in**
**certain cases - The Commissioner may, by general or special order, authorise**
the Health Officer of the District to exercise such of the functions of an
executive authority under this Act in such area and subject to such restrictions
and conditions and to such control and revision as may be specified in such
order.

1. Substituted by the Act No.22 of 2002, S.10, w.e.f. 20.06.2002.
2. Substituted by the Act No. 1 of 2021, S.8, w.e.f. 20.02.2020.


-----

**35. Delegation of functions of executive authority- Subject to such**
restrictions and control as may be prescribed, the executive authority may, by
an order in writing, delegate any of his functions as such,
(i) if he is the Sarpanch, to the Upa-Sarpanch and in the
absence of the Upa-Sarpanch, to any other member;

(ii) if he is not the Sarpanch, to the Sarpanch; in the absence
of the Sarpanch to the Upa-Sarpanch and in the absence of
both Sarpanch and the Upa-Sarpanch to any other member.

The exercise or discharge of any functions so delegated shall be subject
to such restrictions so and conditions as may be laid down by the executive
authority and shall also be subject to his control and revision.

**36. Officers and other employees of gram panchayat - (1) Subject to such**
rules as may be made under the proviso to article 309 of the Constitution, the
Government, shall fix and may alter the number, designations and grades of
and the salaries, fees and allowances payable to such officers and other
employees of a gram panchayat as may be prescribed.

(2) The Government shall, pay out of the Consolidated Fund of the State,
the salaries, allowances, leave allowances, pension and contributions if any
towards provident fund or pension-cum-provident fund of the officers and
other employees referred to in sub-section (1).

(3) The classification and methods of recruitment, conditions of service,
pay and allowances, and discipline and conduct of the officers and employees
referred to in sub-section (1) shall be regulated in accordance with such rules
as may be made under the proviso to article 309 of the Constitution.

(4) Every holder of the post specified in sub-section (1), who is appointed
immediately before the commencement of this Act, shall, notwithstanding
anything in this Act, continue to hold such post, subject to such rules as may
be made under the proviso to article 309 of the Constitution, and until
provision in that behalf is so made, the law for the time being in force
regulating the recruitment and conditions of service applicable to such holder
immediately before such commencement shall continue to apply to such
holder.

(5) All officers and other employees of the gram panchayats shall be
subordinate to the gram panchayat.

(6) The Government may, from time to time by order, give such directions
to any gram panchayat or any officer, authority or person thereof, as may
appear to them to be necessary for the purpose of giving effect to the provisions
of this section and section 30; and the gram panchayat, officer, authority or
person shall comply with all such directions.

(7) The provisions of this section shall also apply to the public health
establishment of gram panchayats, notwithstanding anything in the Andhra
Pradesh (Andhra Area) Public Health Act, 1939 (Act 3 of 1939) or any other law
similar thereto for the time being in force in the State.

(8) Subject to such rules as may be made under the proviso to article 309
of the Constitution the Commissioner may appoint such engineering and other
staff as he considers necessary for the purposes of any gram panchayat or two
or more gram panchayats.

**37. Presidency at meetings - Save as otherwise provided by or under this Act,**
every meeting of a gram panchayat shall be presided over by the Sarpanch, in
his absence by the Upa-Sarpanch and in the absence of both Sarpanch and
Upa-Sarpanch by a member chosen by the meeting to preside for occasion.

**38. Minutes of proceedings - The minutes of the proceedings at every meeting**
of a gram panchayat shall be recorded and action taken thereon in the manner
prescribed.


-----

**39. Power to call for records - A gram panchayat or a committee thereof may,**
at any of its meetings, require the executive authority to furnish any document
in his custody, in so far as such document relates to any of the subjects
included in the agenda for such meeting and the executive authority shall
comply with every such requisition.

**40. Beneficiary committees and functional committees - (1) For every gram**
panchayat there shall be a Committee by name "Beneficiary Committee" for the
execution of the works of the gram panchayat. The composition, including cooption of persons who are not members of the gram panchayat and the powers
and functions and other related matters of the Beneficiary Committee, shall be
such as may be prescribed.

(2) For every gram panchayat there shall be constituted functional
committees respectively for agriculture, public health, water supply, sanitation,
family planning, education and communication and for any other purposes of
this Act.

(3) The constitution including co-option of persons who are not members
of the gram panchayat and powers of a functional committee shall be in
accordance with such rules as may be prescribed.

**41. Proceedings of gram panchayats and committees - (1) The proceedings**
of every gram panchayat and of all committees thereof shall be governed by
such rules as may be prescribed and by regulations, not inconsistent with such
rules or the provisions of this Act, made by the gram panchayat with the
approval of the Commissioner.

(2) The Commissioner shall have power to add to, omit or alter any
regulations submitted for his approval under sub-section (1).

(3) The rules that may be prescribed under sub-section (1) may provide
for preventing any member or Sarpanch or any member or *[Chairperson] of a
Committee from voting on, or taking part in the discussion of any matter in
which apart from its general application to the public, he has any direct or
indirect pecuniary interest whether by himself or through some other person,
or from being present or presiding at any meeting of the gram panchayat or of
the committee during the discussion of any such matter.

**42. Appointment of Joint Committees - A gram panchayat may, and if so**
required by the Government shall, join with one or more than one, other local
authority in constituting a joint committee for any purpose in which they are
interested or for any matter for which they are jointly interested or for any
matter for which they are jointly responsible. The composition, powers and
functions and other incidental and consequential matters shall be such as may
be prescribed.

**43. Administration report - The executive authority of every gram panchayat**
shall prepare a report on its administration for each year, as soon as may be
after the close of such year and not later than prescribed date, in such form
and with such details as may be prescribed and place it before the gram
panchayat for its consideration.

**44. Powers of inspecting and superintending officers and of the**
**Government - (1) The Commissioner shall supervise the administration of all**
gram panchayats in the State and shall also exercise the powers and perform
the functions vested in him by or under this Act.

(2) (a) The Government may appoint such other officers as they may
consider necessary for the purpose of inspecting or superintending the
operations of all or any of the gram panchayats constituted under this Act.
(b) In particular and without prejudice to the generality of the
foregoing provision, the Government may appoint District
Panchayat Officers, Divisional Panchayat Officers and Extension
Officers (Panchayats) and define the territorial jurisdiction of each
such officer.


-----

(c) The Government shall have power to regulate the classification,
methods of recruitment, conditions of service, salary and
allowances and discipline and conduct of the officers referred to in
clauses (a) and (b) and of the members of their establishment.
(3) The cost of the officers and the members of the establishment
aforesaid shall be paid out of the Consolidated Fund of the State.
(4) The District Panchayat Officers, the Divisional Panchayat Officers and
the Extension Officers (Panchayats) shall exercise such powers and perform
such functions as may be prescribed, or as may be delegated to them under
this Act.
(5) The Commissioner or the District Collector or any officer appointed
under sub-section (2) or any other officer or person whom the Government or
the Commissioner or the District Collector may empower in this behalf, may
enter on and inspect, or cause to be entered on and inspected,(a) any immovable property or any work in progress under the
control of any gram panchayat or *[Executive Authoritys];
(b) any school, hospital, dispensary, vaccination station, choultry,
or other institutions maintained, by or under the control of, any
gram panchayat and any records, registers or other documents
kept in such institution;
(c) the office of any gram panchayat and any records, registers or
other documents kept therein.

Gram Panchayats and their Sarpanches, executive authorities, officers and
servants shall be bound to afford to the officers and persons aforesaid, such
access, at all reasonable times, to gram panchayat property or premises, and
all documents as may, in the opinion of such officers or persons, subject to
such rules as may be prescribed; be necessary to enable them to discharge
their duties, under this section.

(6) The Commissioner or any officer or person whom the Government, or
the Commissioner may empower in this behalf may,(a) direct the gram panchayat to make provision for and to execute
or provide any public work or amenity or service of the description
referred to in section 45;
(b) call for any record, register or other document in the
possession, or under the control, of any gram panchayat or
executive authority;
(c) require any gram panchayat, or executive authority to furnish
any return, plan, estimate, statement, account or statistics;
(d) require any gram panchayat, or executive authority to furnish
any information or report on any matter connected with such gram
panchayat;
(e) record in writing for the consideration of any gram panchayat,
or executive authority any observations in regard to its or his
proceedings or functions.

**CHAPTER III**
**POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS**

**45. Duty of gram panchayat to provide for certain matters - (1) Subject to**
the provisions of this Act and the rules made thereunder, it shall be the duty of
a gram panchayat within the limits of its funds to make reasonable provisions
for carrying out the requirements of the village in respect of the following
matters, namely:(i) the construction, repair and maintenance of all buildings
vested in the gram panchayat and of all public roads in the
village (other than the roads vested in the *[Mandal Praja


-----

Parishad] and *[Zilla Praja Parishad] and the roads classified
by the Government as National and State Highways) and of
all bridges, culverts, road dams and causeways on such
roads;

(ii) the lighting of public roads and public places;

(iii) the construction of drains and their maintenance and
the disposal of drainage water and sullage;

(iv) the cleaning of streets, the removal of rubbish heaps,
jungle growth and prickly-pear, the filling in of the disused
wells, insanitary ponds, pools, ditches, pits or hollows and
other improvements of the sanitary condition of the village;

(v) the provision of public latrines and arrangements to clean
latrines, whether public or private;

(vi) the opening and maintenance of cremation and burialgrounds and the disposal of unclaimed dead bodies of
human beings or of animals;

(vii) preventive and remedial measures connected with any
epidemic or with malaria;

(viii) the sinking and repairing of wells, the excavation, repair
and maintenance of ponds or tanks and the construction
and maintenance of water works, for the supply of water for
washing and bathing purposes and of protected water for
drinking purposes;

(ix) the conservation of manurial resources, preparation of
compost and sale of manure;

(x) the registration of births and deaths;

(xi) the establishment and maintenance of cattle ponds; and

(xii) all other matters expressly declared obligatory by or
under this Act or any other law.

(2) Apart from the matters specified in sub-section (1), the Government
may, subject to such rules as may be made in this behalf, entrust the gram
panchayats with any functions in relation to the subjects specified in Schedule1.

(3) The gram panchayats shall do resource planning at village level.

(4) No suit for damages for failure or for enforcement of the duty to make
provision in respect of any of the matters specified in sub-section (1) shall be
maintainable against any gram panchayat, executive authority, officer or
servant of the gram panchayat.

**46. Power of gram panchayat to provide for certain other matters - Subject**
to the provisions of this Act and the rules made thereunder, a gram panchayat
may also make such provision as it thinks fit for carrying out the requirements
of the village in respect of the following matters, namely:(i) the construction and maintenance of dharmashalas,
sarais and rest-houses for travellors;

(ii) the planting and preservation of groves and trees on the
sides of roads and other public places;

(iii) the promotion and development of pre-primary
education, elementary education, social and health
education, cottage industries and trade;

(iv) the establishment and maintenance of dispensaries and
the payment of subsidies to rural medical practitioners;


-----

(v) the establishment and maintenance of wireless receiving
sets, play grounds, akhadas, clubs and other centres for
recreation and physical culture;

(vi) the laying and maintenance of parks;

(vii) the establishment and maintenance of libraries and
reading rooms;

(viii) the provision of relief to the crippled, the destitute and
the sick;

(ix) the establishment and maintenance of nurseries and
stores of improved seeds and agricultural implements of the
production and distribution of improved seeds, pesticides
and insecticides and the holding of agricultural shows
including cattle shows;

(x) the propagation of improved methods of cultivation in the
village including laying out of demonstration plots with a
view to increasing production;

(xi) the encouragement of cooperative management of lands
in the village and the organisation of joint co-operative
farming; and the promotion of co-operatives for the
manufacture of bricks, tiles, hinges, doors, windows, rafters
or other building materials as provided in the village housing
project schemes sponsored by the Central Government;

(xii) the establishment and maintenance of ware-houses and
granaries;

(xiii) the establishment and maintenance of cattle sheds;

(xiv) the extension of village sites;

(xv) the improvement of cattle including purchase and
maintenance of stud bulls and the provision of veterinary
relief;

(xvi) the control of fairs, jataras and festivals;

(xvii) the organisation of voluntary labour for community
development works in the village;

(xviii) the establishment and maintenance of maternity and
child-welfare centres;

(xix) the organisation of watch and ward;

(xx) the provision of relief against famine or other calamities;

(xxi) the destruction of stray and ownerless dogs;

(xxii) the preparation of statistics of unemployment;

(xxiii) the opening and maintenance of public markets;

(xxiv) the opening and maintenance of public slaughter
houses;

(xxv) the implementation of land reform measures in the
village including consolidation of holdings and soil
conservations;

(xxvi) the setting up of organisation to promote good will and
social harmony between different communities, the removal
of untouchability, the provision of housesites for harijans,
the eradication of corruption, the prohibition of or
temperance in the consumption of intoxicating drinks or
drugs which are injurious to health and the discouragement
of gambling and litigation;


-----

(xxvii) other measures of public utility calculated to promote
the safety, health, convenience, comfort or moral, social and
material well being of the residents of the village.

**47. Maintenance of common dispensaries, child welfare centres etc., -**
Subject to the provisions of this Act and the rules made thereunder, two or
more gram panchayats may establish and maintain common dispensaries,
child welfare centres and institutions of such other kind as may be prescribed.

**48. Transfer of management of forests to gram panchayat - (1) Subject to**
any law for the time being in force the Government may, by notification,
transfer to any gram panchayat with its consent and subject to such conditions
as may be agreed upon, the management and maintenance of a forest adjacent
to the village; and they may by a like notification, withdraw management and
maintenance of such forest from the gram panchayat after giving an
opportunity to the gram panchayat to make its representation.

(2) When the management and maintenance of any forest is transferred
to gram panchayat under sub-section (1), the income derived by the gram
panchayat from the forest under its management and maintenance or the
expenditure incurred by the gram panchayat, for such a management and
maintenance shall be apportioned between the Government and the gram
panchayat in such manner as the Government may, by order, determine.

**49. Transfer to panchayats of institutions or works - (1) Subject to such**
rules as may be prescribed, the Government, the District Collector or the
Revenue Divisional Officer, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] or any person or body of persons, may transfer to the gram
panchayat, with its consent and subject to such conditions as may be agreed
upon, the management of any institution, or the execution or maintenance of
any work, or the exercise of any power or the discharge of any duty, whether
within or without the village, and whether provided for in this Act or not.

(2) When the management of any institution is transferred to the gram
panchayat under sub-section (1), all property, endowments and funds
belonging thereto, shall be held by the gram panchayat in trust for the
purposes to which such property, endowments and funds were lawfully
applicable at the time of such transfer.

**50. Power of Commissioner of Land Revenue to transfer, resume control**
**of endowments and inams - (1) (a) Subject to the control of the Government,**
the Commissioner of Land Revenue may, by notification, make over to a gram
panchayat, with its consent, the management and superintendence of any
charitable endowment in respect of which powers and duties attached to the
said Commissioner under the provisions of the Andhra Pradesh Escheats and
Bona Vacantia Act, 1974 (Act 35 of 1974) and thereupon all powers and duties
attaching to the Commissioner in respect thereof shall attach to the gram
panchayat as if it had been specifically named in the said Regulation or Law,
and the gram panchayat shall manage and superintend such endowment.

(b) The Commissioner of Land Revenue may of his own motion,
and shall on a direction from the Government, by notification in
the Andhra Pradesh Gazette, resume the management and
superintendence of any endowment made over to a gram
panchayat under clause (a) and upon such resumption, all the
powers and duties attaching to the gram panchayat in respect of
the endowment shall cease and determine.

(2) The Government may assign to a gram panchayat with its consent a
charitable inam resumed by the Government or any authority, provided that
the net income from such inam can be applied exclusively to any purpose to
which the funds of such gram panchayat may be applied; and may revoke any
assignment so made.


-----

(3) No order of resumption under clause (b) of sub-section (1) or of
revocation under sub-section (2), shall be passed unless the gram panchayat
has had an opportunity of making its representation.

**51. Limitation of power to accept donations and trusts - A gram panchayat**
may accept donations for, or trust relating exclusively to the furtherance of any
purpose to which its funds may be applied.

**52. Maintenance of cattle pounds - (1) Notwithstanding anything in the**
Cattle Trespass Act, 1871 (Central Act 1 of 1871) 
(i) any cattle pound so transferred to a gram panchayat, or a
cattle pound established by a gram panchayat under this
Act, shall be maintained and controlled by the gram
panchayat;

(ii) a pound keeper for every cattle-pound referred to in
clause (i), shall be appointed by the gram panchayat; and

(iii) all sums on account of fines and surplus unclaimed sale
proceeds realised under the Cattle Trespass Act, 1871 in
respect of any cattle pound referred to in clause (i) shall be
credited to the gram panchayat fund.

(2) Subject to the provisions of sub-section (1) the provisions of the Cattle
Trespass Act, 1871 shall, as far as may be, applicable to the cattle pounds
referred to in clause (i) of sub-section (1).

**53. Vesting of public roads in gram panchayat - (1) All public roads in any**
village, other than National Highways, State High Ways and Roads vesting
in *[Zilla Praja Parishad] or *[Mandal Praja Parishad] shall vest in the gram
panchayat together with all pavements, stones and other materials thereof, all
works, materials and other things provided therefor, all sewers, drains drainage
works, tunnels and culverts, whether made at the cost of the gram panchayat
fund or otherwise, in along side or under such roads, and all works, materials
and things appertaining thereto:

Provided that the gram panchayat shall take steps to remove
encroachments on, and prevent, un-authorised use of, any road other than a
National Highway passing through the gram panchayat.

(2) The Government may, after giving an opportunity to the gram
panchayat of making a representation by notification, exclude from the
operation of this Act any such public road, sewer, drain, drainage work, tunnel
or culvert, and may also modify or cancel such notification.

**54. Collected sewage etc., to belong to gram panchayat - All rubbish,**
sewage, filth and other matter collected by a gram panchayat under this Act
shall belong to it.

**55. Vesting of communal property or income in gram panchayat - Any**
property or income which by custom belongs to or has been administered for
the benefit of the villagers in common or the holders in common of village land
generally or of lands of a particular description or of lands under a particular
source of irrigation, shall vest in the gram panchayat and be administered by it
for the benefit of the villagers or holders aforesaid.

**56. Maintenance of irrigation works, execution of kudimaramat etc., - (1)**
(a) Subject to such conditions and control as may be prescribed, the
Government may transfer to any gram panchayat the protection and
maintenance of any village irrigation work, the regulation of turns of irrigation,
or of distribution of water from any such irrigation work to the field depending
on it.

(b) Subject to such restriction and control as may be prescribed, the
fishery rights in minor irrigation tanks and the right to auction weeds
and reeds in such tanks and the right to plant trees on the bunds of


-----

such tanks and enjoy the usufruct thereof shall vest in the gram
panchayat.

(2) The gram panchayat shall have power, subject to such restrictions
and control as may be prescribed, to execute kudimaramat in respect of any
irrigation source in the village and to levy such fee and on such basis for the
purposes thereof as may be prescribed:

Provided that nothing in this section shall be deemed to relieve the village
community or any of its members of its or his liability under the Andhra
Pradesh (Andhra Area) Compulsory Labour Act, 1858 (Central Act 1 of 1858) or
any other law similar thereto for the time being in force in respect of any
irrigation source in the village, in case the gram panchayat makes default in
executing the kudimaramat in respect of that irrigation source.

**57. Vesting of the management of ferries in gram panchayats,etc. -**
Notwithstanding anything in the Andhra Pradesh (Andhra Area) Canals and
Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana
Area) Ferries Act, 1314 Fasli (Act 2 of 1314 F), the management of a public
ferry in the Andhra Area, and of a Government ferry in the Telangana area
other than a ferry mentioned in sub-section (2) shall vest,
(a) in the case of a ferry connecting any public road under the
management of a gram panchayat and lying wholly within the
jurisdiction of that gram panchayat, in such gram panchayat and in
the case of a ferry connecting any public road under the management
of a gram panchayat and lying within the jurisdiction of more than
one gram panchayat, in a joint committee of the gram panchayats
concerned;

(b) in case of a ferry connecting any public road under the
management of a *[Mandal Praja Parishad] and lying wholly within
the jurisdiction of that *[Mandal Praja Parishad] in such *[Mandal
Praja Parishad] and in the case of ferry connecting any public road
under the management of a *[Mandal Praja Parishad] and lying
within the jurisdiction of more than one *[Mandal Praja Parishad] in a
joint committee of the *[Mandal Praja Parishad] concerned;

(c) in the case of a ferry connecting any public road under the
management of a gram panchayat or a *[Mandal Praja Parishad] and
lying partly within the jurisdiction of a municipality, in a joint
committee of the gram panchayat or a *[Mandal Praja Parishad] as
the case may be, and the Municipality concerned.

(2) The Government may, subject to such conditions as may be agreed
upon transfer the management of any such ferry connecting a National
Highway or a State Highway and lying wholly within the jurisdiction of a gram
panchayat or a *[Mandal Praja Parishad] to such gram panchayat or *[Mandal
Praja Parishad] and in case the said ferry is lying within the jurisdiction of
more than one gram panchayat or *[Mandal Praja Parishad] to the *[Zilla Praja
Parishad] concerned.

(3) The constitution and powers of the procedure to be adopted by any
joint committee referred to in sub-section (1) and the method of resolving any
difference of opinion arising between the local authorities concerned in
connection with the work of such committee shall be in accordance with such
rules as may be prescribed.

(4) The income realised by a *[Zilla Praja Parishad], *[Mandal Praja
Parishad] or a gram panchayat from any ferry under its management under
sub-section (1) or  sub-section (2) shall form part of its funds. The income
realised by joint committee referred to in sub-section (1) or by a *[Zilla Praja
Parishad] under      sub-section (2) from a ferry under its management
shall be apportioned in equal shares between the local authorities concerned


-----

and the amount so apportioned shall form part of the funds of such local
authorities.

**Explanation: For the purpose of this section, the expression 'PublicFerry' in**
relation to the Andhra Area, and expression 'Government Ferry' in relation to
Telangana area, shall respectively have the meaning assigned to them in the
Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 (Act 2 of
1890) and the Andhra Pradesh (Telangana area) Ferries Act, 1314 Fasli (Act 2
of 1314 F).

**58. Certain Government porambokes to vest in gram panchayat etc- (1)**
The following porambokes namely grazing grounds, threshing floors, burning
and burial grounds, cattle stands, cart-stands and topes, which are at the
disposal of the Government and are not required by them for any specific
purpose shall vest in the gram panchayat subject to such restrictions and
control as may be prescribed.

(2) The Government may, at any time by notification in the Andhra
Pradesh Gazette, direct that any porambokes referred to in sub-section (1) shall
cease to vest in the gram panchayat if it is required by them for any specific
purpose and thereupon such porambokes shall vest in the Government.

(3) The gram panchayat shall have power, subject to such restrictions
and control as may be prescribed, to regulate the use of any other poramboke
which is at the disposal of the Government, if the gram panchayat is
authorised in that behalf by an order of the Government.

(4) The gram panchayat may, subject to such restrictions and control as
may be prescribed, plant trees on any poramboke the use of which is regulated
by it under sub-section (3).

**Explanation: If any question arises whether a land is a poramboke or not, for**
the purposes of this section, the question shall be referred to the Government
whose decision thereon shall be final.

**59. Acquisition of immovable property required by gram panchayat - Any**
immovable property which any gram panchayat may require for the purpose of
this Act or any rules made thereunder may be acquired under the provisions of
the Land Acquisition Act, 1894 (Central Act 1 of 1894) and on payment of the
compensation awarded under the said Act, in respect of such property and of
any other charges incurred in acquiring it, the said property shall vest in the
gram panchayat.

**CHAPTER IV**
**TAXATION AND FINANCE**

**60. Taxes leviable by gram panchayats - (1) Agram panchayat shall levy in**
the village,
(a) a House-tax;

(b) kolagaram, or katarusum that is to say, tax on the village
produce sold in the village by weight measurement or number
subject to such rules as may be prescribed;

(c) such other tax as the Government may, by notification, direct
any gram panchayat or class of gram panchayats to levy subject to
such rules as may be prescribed:

Provided that no such notification shall be issued and no
such rule shall be made except with the previous approval of the
Legislative Assembly of the State.

(2) A duty shall also be levied on transfers of property situated in the
area under the jurisdiction of the gram panchayat in accordance with the
provisions of section 69.


-----

(3) Subject to such rules as may be prescribed the gram panchayat may
also levy in the village,
(i) a vehicle tax;

(ii) a tax on agricultural land for a specific purpose;

(iii) a land-cess at the rate of two naya paise in the rupee on
the annual rental value of all occupied lands which are not
occupied by or adjacent and appurtenant to, buildings;

(iv) fees for use of porambokes or communal lands under the
control of the gram panchayat;

(v) fees for the occupation of building including chavadies
and sarais under the control of the gram panchayat.

(4) Every gram panchayat may also levy a duty in the form of a surcharge
on the seigniorage fees collected by the Government on materials other than
minerals and minor minerals quarried in the village:

Provided that the rate at which such duty shall be levied shall be fixed by
the gram panchayat with the previous approval of the Government.

(5) Every gram panchayat may, with the previous approval of the
prescribed authority also levy, in respect of lands lying within its jurisdiction, a
duty in the form of a surcharge at such rate, not exceeding twenty-five naya
paise in the rupee, as may be fixed by the gram panchayat,
(a) in the Andhra area, on the land cess, leviable under section 78
of the Andhra Pradesh(Andhra Area) District Boards Act, 1920 (Act
XIV of 1920) and on the education tax leviable under section 37 of
the Andhra Pradesh Education Act, 1982 (Act 1 of 1982);

(b) in the Telangana area, on the local cess leviable under section
135 of the Andhra Pradesh (Telangana Area) District Boards Act,
1955 (Act 1 of 1956) and on the education tax leviable under
section 37 of the Andhra Pradesh Education Act, 1982 (Act 1 of
1982).

(6) Any resolution of a gram panchayat abolishing an existing tax or
reducing the rate at which a tax is levied shall not be carried into effect without
the previous approval of the Commissioner.

**61. House-tax - (1) The house-tax referred to in clause (a) of sub-section (1) of**
section 60 shall, subject to such rules as may be prescribed, be levied on all
houses in the village on any one of the following basis, namely:

(a) annual rental value, or

(b) capital value, or

(c) such other basis as may be prescribed:

Provided that no house tax shall be levied on poultry sheds
and annexes thereto which are essential for running the poultry
farms.

(2) The house-tax shall, subject to the prior payment of the land revenue,
if any due to the Government in respect of the site of the house be a first
charge upon the house and upon the movable property, if any, found within or
upon the same and belonging to the person liable to pay such tax.

(3) The house-tax shall be levied every year and shall, save as otherwise
expressly provided in the rules made under sub-section (1) be paid by the
owner within thirty days of the commencement of the year. It shall be levied at
such rates as may be fixed by the gram panchayat, not being less than the
minimum rates and not exceeding the maximum rates, prescribed in regard to
the basis of levy adopted by the gram panchayat.

(4) The Government may make rules providing for

-----

(i) the exemption of special classes of houses from the tax;

(ii) the manner of ascertaining the annual or capital value of
houses or the categories into which they fall for the purposes
of taxation;

(iii) the person who shall be liable to pay the tax and the
giving of notice of transfer of houses;

(iv) the grant of exemptions from the tax on the ground of
poverty;

(v) the grant of vacancy and other remissions; and

(vi) the circumstances in which, and the conditions subject
to which houses constructed, reconstructed or demolished,
or situated in areas included in, or excluded from the village,
during any year, shall be liable or cease to be liable to the
whole or any portion of the tax.

(5) If the occupier of a house pays the house-tax on behalf of the owner
thereof, such occupier shall be entitled to recover the same from the owner and
may deduct the same from the rent then or thereafter due by him to the owner.

**62. Levy of house-tax on a direction by Government - (1) The Government**
may, by order published in the Andhra Pradesh Gazette, for special reasons to
be specified in such order direct any gram panchayat to levy the house-tax
referred to in clause (a) of sub-section (1) of section 60 at such rates and with
effect from such date not being earlier than the first day of the year
immediately following that in which the order is published, as may be specified
in the order.

Such direction may be issued in respect of all buildings in a gram
panchayat or in respect of only such buildings belonging to the undertakings
owned or controlled by the State Government or Central Government and the
buildings belonging to the State Government as may be specified therein.

(2) When an order under sub-section (1) has been published, the
provisions of this Act relating to house-tax shall apply as if the gram panchayat
had, on the date of publication of such order, by resolution determined to levy
the tax at the rate and with effect from the date specified in the order, and as if
no other resolution of the gram panchayat under section 60 determining the
rate at which and the date from which the house-tax shall be levied, had taken
effect.

(3) A gram panchayat shall not alter the rate at which the house-tax is
levied in pursuance of an order under sub-section (1) or abolish such tax
except with the previous sanction of the Government.

**63. Tax on advertisements - Every person who erects, exhibits, fixes or**
retains upon or over any land, building, wall, hoarding or structure any
advertisement or who displays any advertisement to public view in any manner
whatsoever, in any place whether public or private, shall pay on every
advertisement which is so erected, exhibited, fixed, retained, or displayed to
public view, a tax calculated at such rates and in such manner and subject to
such exemptions as the gram panchayat may with the approval of the *[Zilla
Praja Parishad] by resolution determine:

Provided that the rates shall be subject to the maximum and minimum
prescribed by the Government in this behalf:

Provided further that no tax shall be levied under this section on any
advertisement or a notice,
(a) of a public meeting; or

(b)of an election to any legislative body or to the gram
panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad]; or

(c) of a candidature in respect of such an election:


-----

Provided also that no such tax shall be levied on any
advertisement which is not a sky-sign and which,
(a) is exhibited within the window of any building; or

(b) relates to the trade or business carried on within the land or
building upon or over which such advertisement is exhibited or to
any sale or letting of such land or building or any effects therein or
to any sale, entertainment or meeting to be held upon or in the
same land or building; or

(c) relates to the name of the land or building upon or over which
the advertisement is exhibited or to the name of the owner or
occupier of such land or building; or

(d) relates to the business of any railway administration; or

(e) is exhibited within any railway station or upon any wall or other
property of a railway administration except any portion of the
surface of such wall or property fronting any street.

**Explanation-I : The word "structure" in this section shall include any movable**
board on wheels used as an advertisement or an advertisement medium.

**Explanation-II: The expression "sky-sign" shall in this section, mean any**
advertisement, supported on or attached to any post, pole, standard framework
or other support wholly or in part upon or over any land, building, wall or
structure which, or any part of which shall be visible against the sky from
some point in any public place and includes all and every part of any such
post, pole, standard framework or other support. The expression "sky-sign"
shall also include any balloon, parachute or other similar device employed
wholly or in part for the purposes, of any advertisement upon or over any land,
building or structure or upon or over any public place but shall not include 
(a) any flagstaff, pole, vane or weathercock unless adopted or used
wholly or in part for the purpose of any advertisement; or

(b) any sign or any board, frame or other contrivance securely fixed
to or on the top of the wall or parapet of any building or on the
cornice or on blocking course of any wall or to the ridge of a roof:

Provided that such board, frame or other contrivance be of
one continuous face and not open work, and does not extend in
height more than one metre above any part of the wall or parapet
or ridges, to, against or on which it is fixed or supported; or

(c) any advertisement relating to the name of the land or building
upon or over which the advertisement is exhibited or to the name
of the owner or occupier of such land or building; or

(d) any advertisement relating exclusively to the business of a
railway administration and placed wholly upon or over any railway,
railway station, yard, platform or station approach belonging to
railway administration and so placed that it cannot fall into any
street or public place; or

(e) any notice of land or building to be sold or let, placed upon
such land or building.

**Explanation-III: "Public place" shall, for the purpose of this section, mean any**
place which is open to the use and enjoyment of the public, whether it is
actually used or enjoyed by the public or not.

**64. Prohibition of advertisementes without written permission of**
**executive authority - (1) No advertisement shall be erected, exhibited, fixed or**
retained upon or over any land, building, wall, boarding or structure within the
gram panchayat or shall be displayed in any manner whatsoever in any place
without the written permission of the executive authority.

(2) The executive authority shall not grant such permission, if

-----

(i) the advertisement contravened any bye-law made by the
gram panchayat under section 270;

(ii) the tax, if any, due in respect of the advertisement has
not been paid.

(3) Subject to the provisions of sub-section (2) in the case of an
advertisement liable to the advertisement tax, the executive authority
shall grant permission for the period to which the payment of the tax
relates and no fees shall be charged in respect of such permission:

Provided that the provisions of this section shall not apply to any
advertisement relating to the business of a railway administration
erected, exhibited, fixed or retained on the premises of such
administration.

**65. Permission of the executive authority to become void in certain**
**cases - The permission granted under section 64 shall become void in the**
following cases namely:
(a) if the advertisement contravenes any bye-law made by the gram
panchayat under section 270;

(b) if any addition to the advertisement be made except for the
purpose of making it secure under the direction of Engineer of the
Panchayat Raj and Rural Development Department or
the *[Mandal Praja Parishad] Development Officer;

(c) if any material change be made in the advertisement or any part
thereof;

(d) if the advertisement or any part thereof falls otherwise than
through accident;

(e) if any addition or alteration be made to or in the building, wall
or structure upon or over which the advertisement is erected,
exhibited, fixed or retained, if such addition or alteration involves
the disturbance of the advertisement, or any part thereof; and

(f) if the building, wall or structure upon or over which the
advertisement is erected, exhibited, fixed or retained, be
demolished or destroyed.

**66. Owner or person in-occupation to be deemed responsible - Where any**
advertisement is erected, exhibited, fixed or retained upon or over any land,
building, wall, hoarding or structure in contravention of the provisions of
section 63 or section 64 or after the written permission for the erection,
exhibition, fixation or retention thereof for any period has expired or becomes
void, the owner or person in occupation of such land, building, wall, hoarding
or structure shall be deemed to be the person who has erected, exhibited, fixed
or retained such advertisement in such contravention, unless he proves that
such contravention was committed by a person not in his employment or under
his control or was committed without his connivance.

**67. Removal of un-authorised advertisements - If any advertisement is**
erected, exhibited, fixed or retained contrary to the provisions of section 63,
section 66 or after the written permission for the erection, exhibition, fixation
or retention thereof for any period has expired or become void, the executive
authority may, by notice in writing, require the owner or occupier of the land,
building, wall, hoarding or structure upon or over, which the same is erected,
exhibited, fixed or retained to take down or remove such advertisement or may
enter any building, land or property and have the advertisement removed, and
the costs thereof shall be recoverable in the same manner as property tax.

**68. Collection of tax on advertisements - The executive authority may form**
out of the collection of any tax on advertisement leviable under section 63 for


-----

any period not exceeding one year at a time on such terms and conditions as
may be determined by the gram panchayat.

**69. Duty on transfers of property - (1) The duty on transfers of property shall**
be levied by the Government,
(a) in the form of a surcharge on the duty imposed by the Indian
Stamp Act, 1899 (Central Act 2 of 1899) as in force for the time
being in the State, on every instrument of the description specified
below, in so far as it relates to the whole or part of immovable
property as the case may be, situated in the area under the
jurisdiction of a gram panchayat; and

(b) at such rate as may be fixed by the Government not exceeding
five percentum on the amount specified below against such
instrument:
**Description of** **Amount on which duty shall be**

**instrument** **levied.**

**(1)** **(2)**

(i) Sale of immovableThe amount of value of the

property. consideration for the sale, as setforth

in the instrument or the market value
of the property which is the subject
matter of the sale, whichever is

higher.

(ii) Exchange ofThe market value of the property of

immovable property. greater value which is the subject

matter of exchange.

(iii)Gift of immovableThe market value of the property

property. which is the subject matter of the gift.

(iv) Mortgage withThe amount secured by the mortgage

possession ofas setforth in the instrument.

immovable property.

(v) Lease for a termAn amount equal to one sixth of the

exceeding onewhole amount or value of the rents

hundred years or inwhich would be paid or delivered in
perpetuity ofrespect of the first fifty years of the

immovable property. lease, as setforth in the instrument.

(2) On the introduction of the duty aforesaid
(a) section 27 of the Indian Stamp Act, 1899 (Central Act 2 of 1899)
shall be read as if it specifically required the particulars to be setforth separately in respect of property situated in the area under
the jurisdiction of a gram panchayat and in respect of property
situated outside such area; and

(b) section64 of the same Act shall be read as if it referred to the
gram panchayat as well as the Government.

(3) The duty levied under this section shall be apportioned among the
gram panchayat, *[Mandal Praja Parishad] and the *[Zilla Praja
Parishad] concerned in such manner as may be prescribed.

|Col1|Description of instrument|Amount on which duty shall be levied.|
|---|---|---|
||(1)|(2)|
|(i)|Sale of immovable property.|The amount of value of the consideration for the sale, as setforth in the instrument or the market value of the property which is the subject matter of the sale, whichever is higher.|
|(ii)|Exchange of immovable property.|The market value of the property of greater value which is the subject matter of exchange.|
|(iii)|Gift of immovable property.|The market value of the property which is the subject matter of the gift.|
|(iv)|Mortgage with possession of immovable property.|The amount secured by the mortgage as setforth in the instrument.|
|(v)|Lease for a term exceeding one hundred years or in perpetuity of immovable property.|An amount equal to one sixth of the whole amount or value of the rents which would be paid or delivered in respect of the first fifty years of the lease, as setforth in the instrument.|


-----

(4) The Government shall make rules for regulating the collection of the
duty and the apportionment thereof among the gram panchayat, *[Mandal
Praja Parishad] and *[Zilla Praja Parishad] concerned and the deduction of any
expenses incurred by the Government in the collection thereof.

(5) The Government may by order exempt, subject to such conditions and
terms as may be specified therein, any instrument or class of instrument from
the levy of duty under this section.

**70. Vehicle Tax - The vehicle tax referred to in clause (i) of sub-section (3) of**
section 60 shall, subject to such rules as may be made in this behalf including
rules, relating to the exemptions and restrictions, be levied every year on all
vehicles kept or used within the village at such rates as may be fixed by the
gram panchayat not being less than the minimum rates and not exceeding the
maximum rates prescribed.

**Explanation: In this section, "vehicle" means a conveyance suitable for use on**
roads or rails and includes any kind of carriage, cart, wagon, wheel barrows,
truck, bicycle, tricycle and rickshaw, but does not include a motor vehicle as
defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988).

**71. Special tax leviable by a gram panchayat - Subject to such rules as may**
be prescribed, a gram panchayat shall levy a special tax on houses at such
rates as may be prescribed, to provide for expenses connected with the
construction, maintenance, repair, extension and improvement of water or
drainage works or the lighting of the public streets and public places, and
other similar works.

**72. Composition of tax payable by owner of a factory or a contiguous**
**group of buildings - Subject to such conditions and restrictions as may be**
prescribed, a gram panchayat may, on application by the owner of a factory or
a contiguous group of buildings, permit him to compound all or any of the
taxes payable by him under this Act, by paying in lieu thereof such lumpsum
amount as may be agreed upon between him and the gram panchayat. Where
there is no such agreement the matter may be referred to the Government in
the manner prescribed and the Government shall, after giving to the gram
panchayat and the owner of the factory or a contiguous group of buildings
concerned an opportunity of making a representation, decide the lumpsum
amount payable by the owner of the factory or a contiguous group of buildings
under this section. The decision of the Government in this regard shall be final.

**73. Power to write off irrecoverable amounts - Subject to such restrictions**
and control as may be prescribed, a gram panchayat may write off any tax, fee
or other amount whatsoever due to it, whether under a contract or otherwise,
or any sum payable in connection therewith, if in its opinion such tax, fee,
amount or sum is irrecoverable:

Provided that where the District Collector or any of his subordinates is
responsible for the collection of any tax, fee or other amount due to a gram
panchayat, the power to write off such tax, fee or amount or any sum payable
in connection therewith on the ground of its being irrecoverable, shall be
exercised by the Commissioner of Land Revenue or subject to his control by the
District Collector or any officer authorised by him.

**74. Gram Panchayat Fund - (1) All moneys received by the gram panchayat**
shall constitute a fund called the "Gram Panchayat Fund", and shall be applied
and disposed of in accordance with the provisions of this Act and other laws:

Provided that the gram panchayat shall credit, subject to such rules as
may be prescribed, the proceeds of any tax or fee levied under this Act, to a
special fund earmarked for the purpose of financing any specific public
improvement. A separate account shall be kept of the receipts into and the
expenditure from such special fund.

(2) Subject to the provisions of sub-section (1), the receipts which shall
be credited to the gram panchayat fund shall include,

-----

(i) the house-tax and any other tax or any cess or fee, levied
under this Act;

(ii) the proceeds of the duty collected under sub-section (4) of
section 60;

(iii) the proceeds of the duty on transfers of property levied
under section 69 which are paid to the gram panchayat;

1[(iv) any payment made to the gram panchayat by a market
committee in pursuance of sub-section (3) of section 11 of
the Andhra Pradesh (Andhra Area) Commercial Crops
Markets Act, 1933 (Act XX of 1933), or any other law similar
thereto for the time being in force;

(v) the taxes and tolls levied in the village under sections 117
and 118 of the Andhra Pradesh (Andhra Area) Public Health
Act, 1939 (Act III of 1939); or under the corresponding
provision of any other law similar thereto for the time being
in force in the State;

(vi) any payment made to the gram panchayat by the
Government under section 13 of the Andhra Pradesh
Entertainments Tax Act, 1939 (Act X of 1939);

(vii) the amount contributed by the *[Mandal Praja
Parishad] to the Gram Panchayat in respect of markets in
the village classified as *[Mandal Praja Parishad] markets or
paid by the *[Mandal Praja Parishads] to the gram panchayat
towards the latter's share of the income derived from such
markets as per the apportionment made under section 112
and the amount paid by a *[Zilla Praja Parishad] or any of
the joint committees referred to in section 57 to the gram
panchayat towards the latter's share of the income derived
from a ferry under the management of the *[Zilla Praja
Parishad] or joint committee, as the case may be, as per the
apportionment made under the said section;

(viii) fees for the temporary occupation of village sites, roads
and other similar public places or parts thereof in the village;

(ix) fees levied by the gram panchayat in pursuance of any
provision in this Act, or any rule or other made thereunder;

(x) income from endowments and trusts under the
management of the gram panchayat;

(xi) the net assessment on service inams which are resumed
by Government after the commencement of this Act;

(xii) income derived from village fisheries, vested in the gram
panchayat including the woods and reeds;

(xiii) income derived from ferries under the management of
the gram panchayat;

(xiv) unclaimed deposits and other forfeitures;

(xv) the seigniorage fees collected by the Government every
year from persons permitted to quarry in the village for
materials including minor minerals other than major
minerals;

(xvi) all income derived from porambokes which vest in the
gram panchayat or the user of which is regulated by the
gram panchayat and also the penalty and penal assessmentif

1. Clause (iv) omitted and existing clauses (v) to (xxiv) renumbered as clauses (iv) to (xxiii) by the Act No.37 of 2001,
S.4, w.e.f.23.08.2001.


-----

any, levied in respect of unauthorised occupation thereof
under any law for the time being in force;

(xvii) all income derived from trees standing on porambokes
although the user of the porambokes is not vested in the
gram panchayat;

(xviii) income from leases of Government property obtained
by the gram panchayat;

(xix) a sum equivalent to one-tenths of the gross income
derived by the Government every year from fines imposed by
Magistrates in respect of offences committed in the village
under this Act, or any rule or bye-law made thereunder or
any other provision of law which is prescribed in this behalf;

(xx) grants received from the Government, the *[Zilla Praja
Parishad] or *[Mandal Praja Parishad];

(xxi) income from investments of amounts taken from the
gram panchayat fund;

(xxii) all other receipts accruing from the sources of gram
panchayat revenue specified in this Act; and

(xxiii) all sums other than those enumerated above which
arise out of, or are received in aid-of, or for expenditure on
any institutions or services maintained or financed from the
gram panchayat fund or managed by the gram panchayat.]

(3) All moneys received by the gram panchayat shall be lodged in the
nearest Government treasury.

1[Provided that the amounts received as funds under the Jawahar Rozgar
Yojana Employment Assurance Scheme or other Wage Employment Schemes
shall be lodged in nearby Nationalised Banks or Co-operative Banks or Post
Offices in such manner as may be prescribed.]

2[(4) All orders or cheques against the Gram Panchayat Fund shall be
signed by such authority as may be prescribed.]

**75. Expenditure from Gram Panchayat Fund- (1) The purposes to which the**
gram panchayat fund may be applied include all objects expressly declared
obligatory or discretionary by this Act or any rules made thereunder or by any
other laws or rules and the fund shall be applicable thereto within the village
subject to such rules or special orders as the Government may prescribe or
issue and shall, subject as aforesaid, be applicable to such purposes outside
the village if the expenditure is authorised by this Act or specially sanctioned
by the Commissioner.

(2) (a) It shall be the duty of every gram panchayat to provide for the
payment of,
(i) any amounts falling due on any loans contracted by it;

(ii) the salaries and allowances and the pensions, pensionary
contributions and provident fund contributions of its officers
and servants;

(iii) sums due under any decree or order of a court;

(iv) contributions, if any, levied by the *[Mandal Praja
Parishad]subject to such limits as may be specified by
Commissioner; and

1. Added by the Act No. 16 of 1998, S.2, w.e.f. 20.02.1998.
2. Substituted by the Act No. 17 of 1996, S.2, w.e.f. 08.02.1996.


-----

(v) any other expenses rendered obligatory by or under this
Act or any other law.

(3) A gram panchayat may, with the sanction of the Government,
contribute to any fund for the defence of India.

(4) A gram panchayat may, with the sanction of the Commissioner, also
(i) contribute towards the expenses of any public exhibition,
ceremony or entertainment in the village;

(ii) contribute to any charitable fund, or to the funds of any
institution for the relief of the poor or the treatment of
diseased or infirmity or the reception of diseased or infirm
persons or the investigation of the causes of disease;

(iii) contribute to the funds of any institution established for
promoting community development or the aims of Panchayat
Raj; and

(iv) defray any other extraordinary charges.

**76. Election expenses to be borne by the Government - The cost of the**
preparation and revision of the electoral roll, the cost of the election expenses,
including the conduct of elections to the gram panchayat and the cost of
maintenance of election establishment employed in connection therewith, shall
be borne by the Government.

**77. Preparation and sanction of budget - (1) The executive authority shall in**
each year frame before the prescribed date and place before the gram
panchayat or, the budget showing the probable receipts and expenditure
during the following year and the gram panchayat shall, within one month of
the date on which the budget is placed before it, sanction the budget with such
modifications, if any, as it thinks fit:

Provided that if for any reasons, the budget is not sanctioned by the
gram panchayat under this sub-section before the expiration of the period of
one month aforesaid, the executive authority shall submit the budget to the
Divisional Panchayat Officer, who shall sanction it with such modifications, if
any, as he thinks fit.

(2) Where the budget is sanctioned by the gram panchayat it shall be
forwarded by the executive authority on or before such date as may be
prescribed to the Divisional Panchayat Officer. The Divisional Panchayat Officer
shall make such suggestions or modifications as he may deem fit within one
month from the date of its receipt and return it to the gram panchayat which
shall consider the same and approve the budget with or without modifications,
at a special meeting convened for the purpose; and the Budget so approved at
such meeting shall be final.

(3) If in the course of a year a gram panchayat finds it necessary to alter
figures shown in the budget with regard to its receipts or to the distribution of
the amounts to be expended on the different services undertaken by it, a
supplemental or revised budget may be framed, sanctioned, submitted and
modified in the manner provided in sub-sections (1) and (2).

**78. Contribution to expenditure by other local authorities- If the**
expenditure incurred by the Government or by any other gram panchayat or
the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] or by any other local
authority in the State for any purpose authorised by or under this Act is such
as to benefit the inhabitants of the village, the gram panchayat may, with the
sanction of the Commissioner, and shall, if so directed by him, make a
contribution towards such expenditure.

**79. Recovery of loans and advances made by the Government - (1)**
Notwithstanding anything in the Local Authorities Loan Act, 1914 (Central Act


-----

9 of 1914), or any other law similar thereto for the time being in force, the
Government may
(a) by order direct any person having custody of the gram
panchayat fund to pay to them in priority to any other charges
against such fund, except charges for the service of authorised
loans, any loan or advance made by them to the gram panchayat
for any purpose to which its funds may be applied under this Act;

(b) recover any such loan or advance by suit.

(2) The person to whom the order referred to in clause (a) of sub-section
(1) is addressed shall be bound to comply with such order.

**CHAPTER V**
**PUBLIC SAFETY, CONVENIENCE AND HEALTH**

**80. Vesting of water works in gram panchayats - (1) All public water-**
courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand-pipes and
other water works (including those used by the public to such and extent as to
give a prescriptive right to their use) whether existing at the commencement of
this Act or afterwards made, laid or erected and whether made, laid or erected
at the cost of the gram panchayat or otherwise for the use or benefit of the
public, and also any adjacent land, not being private property, appertaining
thereto shall vest in the gram panchayat and be subject to its control:

Provided that nothing in this sub-section shall apply to any work which
is, or is connected with, a work of irrigation or to any adjacent land
appertaining to any such work.

(2) Subject to such restrictions and control as may be prescribed, the
gram panchayat shall have the fishery rights in any water work vested in it
under sub-section (1), the right to supply water from any such work for raising
seed beds on payment of the prescribed fee, and the right to use the adjacent
land appertaining thereto for planting of trees and enjoying the usufruct
thereof or for like purpose.

(3) The Government may, by notification, define or limit such control or
may, assume the administration of any public source of water supply and
public land adjacent and appertaining thereto after consulting, the gram
panchayat and giving due regard to its objections, if any.

**81. Setting apart of public tanks etc. for certain purposes - (1) (a) The gram**
panchayat may, in the interests of public health, regulate or prohibit the
washing of animals or of clothes or other articles or fishing in any public
spring, tank or well or in any public water-course or part thereof and may set
apart any such place for drinking or for bathing or for washing animals or
clothes or for any other specified purpose.

(b) The powers conferred by clause (a) may, in the case of any
private spring, tank, well, or water course, be exercised by the
gram panchayat, with the consent of the owner of such place.

(c) The gram panchayat may, in the interests of public health,
regulate or prohibit the washing of animals or of clothes or of other
articles, in any private spring, tank, well or water-course from
which the public have a right to take water for drinking purposes.

(2) The executive authority on receipt of a certificate from any health or
medical officer in the service of the Government, the gram panchayat or
the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] stating that the water in
any well, tank, spring or other sources of water-supply to which the public
have access in the village, is likely to endanger or cause the spread of any
dangerous disease, shall, by public notice, prohibit the use of such water, such
notice shall be served by affixing a copy of it near the source of water-supply
and by beat of drum stating the number of days during which such prohibition


-----

shall last. The executive authority may modify the notice or extend the period
of operation therof without the production of a further certificate.

**82. Prohibition against using places so set apart for purposes other than**
**those notified - No person shall-**

(a) bathe in or defile, the water in any place set apart for drinking
or cooking purposes either by a gram panchayat or in the case of
private property, by the owner thereof; or

(b) deposit any offensive or deleterious matter in the bed of any
place set apart as aforesaid when such bed is dry; or

(c) wash clothing in any place set apart as aforesaid; or

(d) wash any animal or any cooking utensil or wool, skins or other
foul or offensive substance or deposit any offensive or deleterious
matter in any other place set apart as aforesaid or set apart for
bathing or for washing clothes; or

(e) allow the water from a sink, sewer, drain engine or boiler, or
any other offensive matter belonging to him or flowing from any
building or land belonging to or occupied by him, to pass into any
place set apart as aforesaid or set apart for bathing or for washing
clothes.

**83. Contribution from persons having control over places of pilgrimage**
**etc - Where a mosque, temple, mutt or any place of religious worship or**
instruction or any place which is used for holding fairs, or festivals or for other
like purposes, is situated within the limits of a village or in the neighbourhood
thereof and attracts either throughout the year or on particular occasions a
large number of persons, any special arrangements necessary for public health,
safety or convenience, whether permanent or temporary, shall be made by the
gram panchayat but the Government may, after consulting the trustee or other
person having control over such place, require him to make such recurring or
non-recurring contribution to the funds of the gram panchayat as they may
determine.

**84. Cleaning of private latrines - The executive authority of a gram**
panchayat may contract with the owner or occupier of any premises to remove
rubbish or filth or any particular kind of rubbish or filth, from such premises
or any place belonging thereto, on such terms as to times and periods of
removal and other matters as may deem fit and suitable to the executive
authority and on payment of fees at such rate calculated to cover the cost of
the service as the gram panchayat may fix.

**85. Registration of burial and burning grounds - (1) Every owner or person**
having control of any place used at the commencement of this Act as a place
for burying, burning or otherwise disposing of the dead, shall, if such place be
not already registered under any law applicable thereto, apply to the gram
panchayat to have such place registered under this Act.

(2) If it appears to such gram panchayat that there is no owner or person
having the control of such place, the gram panchayat shall assume such
control and register such place or may close it.

**86. Licensing of places for disposal of the dead - (1) No new place for the**
disposal of the dead whether private or public, shall be opened, formed,
constructed or used, unless a licence is obtained from the gram panchayat on
application.

(2) Such application for a licence shall be accompanied by a plan of the
place to be licensed showing the locality, boundary and extent thereof the
name of the owner or person or community interested therein, the system of
management and such further particulars as the gram panchayat may require.

(3) The gram panchayat to which an application is made, may, in
consultation with the District Health Officer 

-----

(a) grant or refuse a licence, or

(b) postpone the grant of licence, until objections, if any, to the
site, considered reasonable by the gram panchayat have been
removed or any particulars called for by it have been furnished.

(4) The District Collector may cancel or modify any order passed by gram
panchayat under sub-section (3).

**87. Provision of burning and burial grounds - A gram panchayat may, and**
shall, if no sufficient provision exists, provide at the cost of the gram panchayat
fund, places to be used as burial or burning grounds or crematoria and may
charge rents and fees for the use thereof.

**88. A book to be kept of places registered, licensed or provided - (1) A book**
shall be kept at the office of every gram panchayat in which the places
registered, licensed or provided under section 85, section 86, section 87 and all
such places registered, licensed or provided before the commencement of this
Act shall be recorded.

(2) A notice in English and in the chief language of the village that such
place has been registered, licensed or provided as aforesaid, shall be affixed at
or near the entrance to such place conspicuously.

**89. Prohibition against burying or burning in unauthorised places - No**
person shall bury, burn or otherwise dispose of or cause of suffer to be buried,
burnt or otherwise disposed of, any corpse in any place within two hundred
metres of a dwelling place or any source of drinking water supply other than a
place registered, licensed or provided as aforesaid.

**90. Notices to be given to gram panchayat of burials etc. - The person**
having control of a place for disposing of the dead shall give information of
every burial, burning or other disposal, of a corpse at such place to any person
appointed by the gram panchayat.

**91. Prohibition against use of burial and burning grounds dangerous to**
**health or overcrowded with graves- (1) If a gram panchayat is satisfied,-**

(a) that any registered or licensed place for the disposal of the dead
is in such a state or a situation as to be or to be likely to become,
dangerous to the health of persons living in the neighbourhood
thereof; or

(b) that any burial ground is overcrowded with graves, and if in the
case of a public burial or burning ground or other place as
aforesaid, another convenient place duly authorised for the
disposal of the dead exists or has been provided for the persons
who would ordinarily make use of such place, it may, with the
approval of Commissioner, give notice that it shall not be lawful,
after a period of not less than two months to be specified in such
notice, to bury, burn or otherwise dispose of, any corpse at such
place.

(2) Every notice given under sub-section (1) shall be published by
affixture to the notice board in the office of the gram panchayat and in the
village by beat of drum.

(3) No person shall, in contravention of any notice under this section and
after the expiration of the period specified in such notice, bury, burn or
otherwise dispose of, or cause or permit to be buried, burnt or otherwise
disposed of, any corpse at such place.

1 [92. Power to Control and administer stray dogs or pigs – A Gram
Panchayat shall have power to control and administer stray dogs or pigs, in
such manner as may be precsribed.]

1. Substituted by the Act No. 8 of 2018, S.2.


-----

**93. Prohibition against allowing outflow of filth - No owner or occupier of**
any premises shall allow the water from any sink, drain, latrine, or stable or
any other filth, to flow out of such premises to any portion of a public road
except a drain or cesspool or to flow out of such premises in such a manner as
to cause nuisance by the soakage of the said water or filth into the walls or
ground at the side of a drain forming a portion of such public road.

**94. Power as to sanitation and conservancy - (1) If it appears necessary to**
improve the sanitary conditions of any area within the village, the executive
authority may, by written notice, require owner or occupier of any of the lands,
and houses in area, within a reasonable period to be specified in the notice, 
(a) to remove a hut or privy either wholly or in part;

(b) to construct in a building, private drains therefor or to alter or
to remove, any private drain thereof;

(c) to cause any land or building to be cleansed to the satisfaction
of the executive authority;

(d) where any land or building contains a well, pool, ditch, pond,
tank, or any drain, filth or stagnant water which is injurious to
health or offensive to the neighbourhood or is otherwise a source of
nuisance, to cause the same to be filled up, cleansed or deepened
or to cause the water to be removed therefrom or drained off or to
take such other action as may be deemed necessary by the
executive authority;

(e) to cause any land overgrown with vegetation, under growth,
prickly-pear, or jungle which is in any manner injurious to health
or dangerous to the public or offensive to the neighbourhood or an
impediments to efficient ventilation, to be cleared of the vegetation,
undergrowth, prickly pear or jungle;

(f) to convert any step well into a draw-well:

Provided that the executive authority shall hear and decide
objections, if any raised by the person on whom a notice is so
served.

(2) If any work required under sub-section (1) is not executed within the
period specified in the notice the executive authority may himself caused such
work to be carried out, and may recover the cost of such work or part thereof
from the owner or occupier referred to in sub-section (1) in the manner
hereinafter provided.

**95. Prohibition against working of quarry near public roads - (1) No person**
shall work a quarry in, or remove stones, earth or other material from, any
place within twenty metres of a public road or of other immovable property
vesting in or belonging to the gram panchayat under a licence issued by a gram
panchayat. The gram panchayat may either grant or refuse to grant a licence
and in the later case the reasons for refusal shall be communicated to the
person concerned.

(2) If, in the opinion of the gram panchayat, the working of any quarry or
the removal of stone, earth or other material from any place is dangerous to
any person residing in, or having legal access to, the neighbourhood thereof or
creates or is likely to create a nuisance, the gram panchayat may require the
owner or person having control of the said quarry or place to discontinue
working the same or to discontinue removing stone, earth or other material
form such place or to take such action in respect of such quarry or place as it
shall deem necessary for the purpose of preventing danger or of abating the
nuisance arising or likely to arise therefrom.

**96. Prohibition against destruction in or over public roads - No person**
shall build any wall or erect any fence or other obstruction or projection or
make any encroachment in or over any public road except as hereinafter
provided.


-----

**97. Prohibition against and regulation of door, gate, bar or ground floor**
**window opening outwards - (1) No door, gate, bar or ground floor window**
shall, without a licence from the executive authority, be hung or placed so as to
open outwards upon any public road vested in the gram panchayat.

(2) The executive authority may, by notice, require the owner of such
door, gate, bar or ground floor window to alter it, so that no part thereof when
open shall project over the public road.

**98. Removal of encroachments - (1) The executive authority may, by notice,**
require the owner or occupier of any building to remove or alter any projection,
encroachment or obstruction, other than a door, gate, bar or ground floor
window, situated against or in front of such building and in or over any public
road vested in such gram panchayat.

(2) If the owner or the occupier of the building proves that any such
projection, encroachment or obstruction has existed for a period sufficient
under the law of limitation to give any person a prescriptive title thereto or that
it was erected or made with the permission or licence of any local authority
duly empowered in that behalf, and that the period, if any, for which the
permission or licence is valid has not expired, the gram panchayat shall make
reasonable compensation to every person who suffers damages by the removal
or alteration of the same.

**99. Power to allow certain projections and erections - (1) The executive**
authority may, with the approval of the gram panchayat, grant a licence,
subject to such conditions and restrictions as he may think fit to the owner or
occupier of any building to put up varandahs, balconies, sunshades, weather
frames and the like, to project over a public road vested in such gram
panchayat; or to construct any step or drain covering necessary for access to
the building.

(2) The executive authority may grant a licence, subject to such
conditions and restrictions as he may think fit for the temporary erection of
pandal and other structures in a public road vested in such gram panchayat;
or in any other public place the control of which is vested in such gram
panchayat.

(3) The executive authority shall have power with the approval of the
gram panchayat, to lease the roadsides vested in such gram panchayat for
occupation on such terms and conditions and for such period as the gram
panchayat may fix.

(4) But neither a licence under sub-section (1) nor a lease under
sub-section (3) shall be granted if the projection, construction or occupation, as
the case may be, is likely to be injurious to health or cause public
inconvenience or otherwise materially interfere with the use of the road as
such.

(5) The Government may, by notification, restrict and place under such
control as they may think fit the exercise, by any gram panchayat of the powers
under sub-sections (1) and (3).

(6) On the expiry of any period for which a licence has been granted
under this section, the executive authority may without notice, cause any
projection or construction put up under sub-section (2) to be removed, and the
cost of so doing shall be recoverable, in the manner hereinafter provided from
the person to whom the licence was granted.

**100. Prohibition of building on sewer, drain etc., without permission - (1)**
No building shall be erected without the written permission of the executive
authority or any person authorised by such executive authority, over any sewer
or drain or any part of sewer or drain or upon any ground which has been
covered, raised or levelled wholly or in part by road sweepings or other rubbish.

(2) The executive authority or the person authorised by him as aforesaid
may, by notice, require any person who has erected a building without such


-----

permission or in a manner contrary to or inconsistent with the terms of such
permission, to demolish the same.

**101. Prohibition against making holes and causing obstruction in public**
**roads - (1) No person shall make a hole or cause any obstruction in any public**
road vested in a gram panchayat except with the previous permission of the
executive authority and subject to such conditions as the executive authority
may impose.

(2) When such permission is granted such person shall, at his own
expense, cause such hole or obstruction to be sufficiently fenced and enclosed
until the hole or obstruction to be sufficiently lighted during the night.

(3) If any person contravenes the provisions of this section, the executive
authority shall fill up the hole or remove the obstruction or cause the hole or
obstruction to be lighted, as the case may be, and may recover the cost of so
doing from such person.

**102. Prohibition against planting or felling trees on public roads etc.,**
**without permission - (1) No person shall plant any tree on any public road or**
other property vesting in or belonging to a gram panchayat, except with the
previous permission of the executive authority and on such conditions as the
executive authority may impose.

(2) No person shall fell, remove, destroy lop or strip bark, leaves or fruits
from, or otherwise damage any tree vesting in or belonging to a gram
panchayat and growing on any such public road or property, except with the
previous permission or order of the executive authority and on such conditions
as the executive authority may impose.

**103. Recovery of penalty and compensation for unauthorised occupation**
**of land - (1) If any person, without the previous sanction of the gram**
panchayat, occupies any land which is set apart for any public purpose and is
vested in or belongs to it, he shall be bound to pay in respect of such
occupation such sum as may be demanded by the gram panchayat by way of
penalty; and any such sum may be recovered in the manner hereinafter
provided.

(2) The executive authority may, by notice require any person on whom a
penalty is or may be imposed under sub-section (1) to vacate such land and to
remove any building or other construction or anything deposited on it.

(3) If any damage to the property of the gram panchayat has been caused
by any person occupying any land for which he is liable to pay penalty under
sub-section (1), he shall be liable to pay compensation to the gram panchayat
for such damage in addition to and irrespective of any penalty that may be
imposed on or recovered from him, and the amount of such compensation,
shall in case of dispute be determined and recovered in the manner hereinafter
provided.

**104. Public Markets - (1) The gram panchayat may provide places for use as**
public markets and, with the sanction of the Commissioner, close any such
market or part thereof.

(2) Subject to such rules as may be prescribed the gram panchayat may
levy one or more of the following fees in any public market at such rates, not
exceeding the maximum rates, if any prescribed in this behalf, as the gram
panchayat may think fit
(a) fees for the use of, or for the right to expose goods for sale in,
such market;

(b) fees for the use of shops, stalls, pens or stands in such
markets;

(c) fees on vehicles including motor vehicles as defined in the Motor
Vehicles Act, 1988 (Central Act 59 of 1988) or pack-animals
bringing or persons carrying, any goods for sale in such markets;


-----

(d) fees on animals brought for sale into or sold in such markets;

(e) licence fees on brokers, commission agents, weighmen and
measures practising their calling in such market.

**105. Licence for private markets - (1) No person shall open a new private**
market or continue to keep open a private market unless he obtains from the
gram panchayat a licence to do so.

(2) Application for such licence shall be made by the owner of the place
in respect of which the licence is sought not less than thirty and not more than
ninety days before such place is opened as a market, or the commencement of
the year for which the licence is sought to be renewed, as the case may be.

(3) The gram panchayat shall, as regards private markets already
lawfully established and may, as regards new private markets, grant the licence
applied for, subject to such regulations as to supervision and inspection and to
such conditions as to sanitation, drainage, water supply, width of paths and
ways, weights and measures to be used, and rents and fees to be charged in
such market, as the gram panchayat may think proper; or the gram panchayat
may, for reasons to be recorded in writing, refuse to grant any such licence for
any new private market. The gram panchayat may, however, at any time for
breach of any condition of the licence suspend or cancel the licence granted
under this section. The gram panchayat may also modify any of the conditions
of the licence to take effect from a specified date.

(4) When a licence is granted, refused, suspended, cancelled or modified
under this section, the gram panchayat shall cause a notice of such grant,
refusal, suspension, cancellation or modification in the chief language of the
village to be pasted conspicuously at or near the entrance to the place in
respect of which the licence was sought or had been obtained.

(5) Every licence granted under this section shall expire at the end of the
year.

(6) Any person aggrieved by an order of the gram panchayat under subsection (3) may appeal against such order to the Commissioner who may, if he
thinks fit, suspend the execution of the order, pending the disposal of the
appeal.

**106. Fee for licence - When a licence granted under section 104 permits the**
levy of any fees of the nature specified in sub-section (2) of section 104 a fee
not exceeding fifteen percentum of the gross income of the owner from the
market in the preceding year, shall be charged by the gram panchayat for such
licence.

**107. Power exercisable by executive authority in respect of public**
**markets - The executive authority may expel from any public market any**
person who or whose servant has been convicted of disobeying any bye-laws for
the time being in force in such market, and may prevent such persons from
further carrying on by himself or his servants or agents, any trade or business
in such market, or occupying any shop, stall or other place therein and may
determine any lease or tenure which such person may possess in any shop,
stall or place.

**108. Powers exercisable by gram panchayat in respect of private markets -**
(1) The gram panchayat may by notice, require the owner, occupier, or farmer
of any private market to;
(a) construct approaches, entrances, passages, gates, drains and
cess-pits for such market and provide it with latrines of such
description and in such position and number as the gram
panchayat may think fit;

(b) roof and pave the whole or any portion of it or pave any portion
of the floor with such material as will in the opinion of the gram
panchayat secure imperviousness and ready cleansing;


-----

(c) ventilate it properly and provide it with an adequate supply of
water;

(d) provide passages of sufficient width between the stalls and
make such alterations in the stalls, passages, shops, doors or
other parts of the market as the gram panchayat may direct;

(e) keep it in a cleanly and proper state, remove all filth and refuse
therefrom and dispose of them at such place and in such manner
as the gram panchayat may direct; and

(f) make such other sanitary arrangements as the gram panchayat
may consider necessary.

(2) If any person, after notice given to him in that behalf by the gram
panchayat, fails within the period and in the manner laid down in the said
notice, to carry out any of the works specified in sub-section (1), the gram
panchayat may suspend the licence of the said person, or may refuse to grant
him a licence until such work is completed.

(3) It shall not be lawful for any person to keep open any private market
during such suspension or until the licence is renewed.

(4) No owner, occupier, agent or manager incharge of any private market,
or of any shop, stall, shed or other place therein, shall keep the same so that it
is a nuisance, or fail to cause anything that is a nuisance in such market,
shop, stall, shed or other place to be at once removed to a place to be specified
by the gram panchayat.

**109. Decisions of disputes as to whether places are market - If any**
question arises as to whether any place is a market or not, the gram panchayat
shall make a reference thereon to the Government and their decision shall be
final.

**110. Prohibition of sale in unlicensed private market etc., - No person shall**
sell or expose for sale any animal or article,
(a) in any unlicensed private market; or

(b) in any public or licensed private market without the permission
of the executive authority or licensee, as the case may be, or of any
person authorised by him.

**111. Prohibition against sale in or upon public roads - The executive**
authority may, with the sanction of the gram panchayat, prohibit by public
notice or licence or regulate, the sale or exposure for sale of any animals or
articles in or upon any public road or place or part thereof.

**112. Classification of markets - (1) The Government shall have power to**
classify public and private markets situated in a village as *[Mandal Praja
Parishad] markets and gram panchayat markets and provide for the control of
any such market and for the apportionment of the income derived therefrom
between the *[Zilla Praja Parishad], *[Mandal Praja Parishad] and the gram
panchayat or the payment of a contribution in respect thereof to the gram
panchayat or the *[Zilla Praja Parishad] or *[Mandal Praja Parishad] as the case
may be.

(2) In the case of markets classified as *[Mandal Praja Parishad] markets,
the gram panchayat and its executive authority shall not exercise any of the
powers conferred on them by sections 104 to 111 or both inclusive.

**113. Vesting of places used as markets situated in estates taken over by**
**the Government - With effect on and from the date of deposit of final**
compensation under sub-section (1) of section 41 of the Andhra Pradesh
(Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act
XXIV of 1948), in respect of any estates any place used as a market in such
estates, which was vested in the Government under the provisions of the said
Act, shall stand transferred to, and vest in, the gram panchayat in whose limits


-----

such place is situated and, thereupon, the gram panchayat shall provide such
place for use as a public market.

**114. Classification of public roads, fairs and festivals etc., - The**
classification of public roads, fairs, and festivals, choultries, dispensaries and
libraries in any gram panchayat area as appertaining to the *[Zilla Praja
Parishad], *[Mandal Praja Parishad] or the gram panchayat shall be made by
the Commissioner in such manner as may be prescribed.

**115. Public landing places, cart-stands etc., - Subject to such rules as may**
be prescribed, the gram panchayat may : 
(a) provide public landing places, halting places and cart stands
(which last expression includes stands for animals and vehicles of
any description including motor vehicles) and levy fees for their
use:

Provided that it shall be open to the gram panchayat to
permit any person to compound such fees by paying in lieu thereof
such lumpsum amount as may be fixed by the gram panchayat.

(b) where any such place or stand has been provided prohibit the
use for the same purpose by any person within such distance
thereof, of any public places or the sides of any public road, as the
gram panchayat may, subject to the control of the Commissioner
specify.

**116. Private cart-stands - No person shall open a new private cart-stand and**
or continue to keep open a private cart-stand unless he obtains from the gram
panchayat a licence to do so. Such licence shall be renewed every year.

(2) The gram panchayat shall as regards private cart-stands already
lawfully established, and may, at its discretion, as regards new private cartstands, grant the licence applied for subject to such conditions as the gram
panchayat may think fit as to supervision and inspection, conservancy and
such other matters as may be prescribed, or the gram panchayat may refuse to
grant such licence, for any new cart-stand.

(3) The gram panchayat may modify conditions of the licence to take
effect from a specified date.

(4) The gram panchayat may at any time suspend or cancel any licence
granted under sub-section (2) for breach of the conditions thereof.

(5) The gram panchayat may levy on every grant or renewal of a licence
under this section, a fee not exceeding two hundred rupees.

**117. Public slaughter houses - Subject to such rules as may be prescribed,**
every gram panchayat may provide places for use as public slaughter-houses
and charge rents and fees for their use.

**118. Prohibition or regulation of the use of places for slaughtering**
**animals and licensing of slaughterers - The Government shall have power to**
make rules for,
(a) prohibiting or regulating the slaughter, cutting up or skinning
of animals specified in the rules, on all occasions not excepted
therein, at places other than public slaughter-houses;

(b) licensing persons to slaughter animals specified in the rules for
purposes of sale to the public; and

(c) the inspection of slaughter-houses and of the meat therein and
the payment of remuneration to the officers employed for such
inspection.

**119. Purposes for which places may not be used without licence - The**
gram panchayat may notify in the prescribed manner, that no place within the
limits of the village shall be used for any one or more of the purposes specified
in the rules made in this behalf without a licence issued by the executive


-----

authority in the prescribed manner and except in accordance with the
conditions specified in such licence:

Provided that no such notification shall take effect until the expiry of a
period of sixty days from the date of publication.

**120. Applications to be made for construction, establishment, or**
**installation of factory, workshop or work-place in which steam or other**
**power is to be employed - (1) Every person intending-**

(a) to construct or establish any factory, workshop or work-place in
which it is proposed to employ-steam power, water power or other
mechanical power or electrical power; or

(b) to install in any premises any machinery or manufacturing
plant driven by steam, water or other powers as aforesaid, not
being machinery or manufacturing plant exempted by rules made
in this behalf, shall, before beginning such construction,
establishment or installation, obtain the permission of the gram
panchayat in the prescribed manner for undertaking the intended
work.

(2) The application to be made under sub-section (1) shall conform to
such rules and shall be processed in such manner and in consultation and
approval of such authorities and subject to such conditions as may be
prescribed.

**121. Construction of building - No piece of land shall be used as a site for the**
construction of a building and no building shall be constructed or
reconstructed and no addition or alteration shall be made to an existing
building without the permission of the gram panchayat granted in accordance
with the provisions of any rules or bye-laws made under this Act, relating to
the use of building sites or the construction or reconstruction of buildings:

Provided that the Government may, in respect of all gram panchayats or
with the consent of the gram panchayat, in respect of any particular gram
panchayat or portion thereof, exempt all buildings or any class of buildings
from all or any of the provisions of any rules or bye-laws made under this Act.

**122. Power of gram panchayat to issue directions for abatement of**
**nuisance caused by steam or other power - (1) If in any factory, workshop or**
work-place in which steam power, water power or other mechanical power or
electrical power is used, nuisance is caused by reason of the particular kind of
fuel employed or by reason of the noise or vibration created, the gram
panchayat may issue such directions as it thinks fit for the abatement of
nuisance within a reasonable time to be specified for the purpose.

(2) If there has been wilful default in carrying out such directions or if
fabatement is found impracticable, the gram panchayat may,
(a) prohibit the use of the particular kind of fuel employed, or

(b) restrict the noise or vibration by prohibiting the working of the
factory, workshop or work-place between the hours of 9.30 p.m.
and 5.30. a.m.

**123. Form of licences, notices, permissions - All licences, notices,**
permissions, given issued or granted, as the case may be, under the provisions
of this Act, shall be in accordance with such rules as may be made in this
behalf.

**124. Power of Government to pass order to give directions - The**
Government may, either generally or in any particular case, make such order
or give such directions as they may deem fit, in respect of any action taken or
omitted to be taken under section 119, section 120 or section 122.

**125. Modification of the Andhra Pradesh (Andhra Area) Places of Public**
**Resort Act, 1888 - Notwithstanding in the Andhra Pradesh (Andhra Area)**
Places of Public Resort Act, 1888 or any other Act similar thereto for the time


-----

being in force in the State, when the Government extend that Act to any village
or part thereof,
(a) the authority to whom application shall be made for a licence
under that Act in respect of any place or building to be used
exclusively for purposes other than the holding of cinematograph
exhibitions and who may grant or refuse such licence shall be the
executive authority; and

(b) the appeal from the order of the executive authority granting,
refusing, revoking or suspending a licence under that Act shall lie
to the gram panchayat.

**CHAPTER VI**
**GENERAL AND MISCELLANEOUS (GRAM PANCHAYATS)**

**126. Power to name streets and number buildings - (1) The gram panchayat**
may, in the manner prescribed, cause a name to be given to any street and
shall cause a number to be affixed to the side or outer door of any building or
to some place at the entrance of such building and in a like manner, may, from
time to time, cause such name or number to be altered.

(2) No person shall, without lawful authority, destroy, pull down, or
deface any such name or number or any number assigned to any building in
any such area.

(3) When a number has been affixed, the owner of the building shall be
bound to maintain such number and to replace it if removed or defaced, and if
he fails to do so, the prescribed authority may, by notice require him to replace
it.

**127. General provisions regarding licences and permissions- (1) Every**
licence and permission granted under this Act or any rule or bye-law made
under this Act shall specify the period, if any, for which, and the restrictions
limitations and conditions subject to which the same is granted and shall be
signed by the executive authority or by some person duly authorised by him in
this behalf.

(2) Save as otherwise expressly provided in or may be prescribed under
this Act, for every such licence or permission fees may be charged on such
units and at such rates as may be fixed by the gram panchayat:

Provided that a person who is a barber, washerman, medari or kummara
or other village artisan by profession shall not be liable to pay any fees in
relation to the licence granted to him for the use of any place in the gram
panchayat for exercising his profession or transacting his business as such.

(3) Every order of the authority competent under this Act or any rule or
bye-law made thereunder to pass an order refusing, suspending, cancelling or
modifying a licence or permission shall be in writing and shall state the
grounds on which it proceeds:

Provided that every application for a licence or permission under this Act
shall be disposed of within fifteen days from the date of receipt thereof or from
the date of receipt of approvals or completion of other formalities prescribed
failing which it shall be deemed that licence or permission is granted.

(4) Subject to the special provisions regarding private markets, any
licence or permission granted under this Act or any rule or bye-law made
thereunder it may, at any time, after giving the persons concerned an
opportunity of making a representation be suspended or revoked by the
executive authority if any of the restrictions, limitations or conditions laid down
in respect thereof is evaded or infringed by the grantee, or if the grantee is
convicted of a breach of any of the provisions of this Act, or of any rule, bye-law
or regulation made under it, in any matter to which such licence or permission
relates or if the grantee has obtained the same by misrepresentation or fraud.


-----

(5) It shall be the duty of the executive authority to inspect places in
respect of which a licence or permission is required by or under this Act, and
he may enter any such place between sunrise and sunset, and also between
sunset and sunrise if it is open to the public or any industry is being carried on
in it at that time; and if he has reason to believe that anything is being done in
any place without a licence or permission where the same is required by or
under this Act, or otherwise than in conformity with the same, he may at any
time by day or night without notice enter such place for the purpose of
satisfying himself whether any provision of law, rules, bye-laws or regulations,
any condition of a licence or permission or any lawful direction or prohibition is
being contravened; and no claim shall lie against any person for any damage or
inconvenience necessarily caused by the exercise of powers under this
sub-section by the executive authority or any person to whom he has lawfully
delegated his powers; or by the use of any force necessary for effecting an
entrance under this sub-section.

(6) When any licence or permission is suspended or revoked or when the
period for which it was granted, or within which application for renewal should
be made has expired, whichever expires later, the grantee shall for all purposes
of this Act, or any rule or bye-law made under this Act, be deemed to be
without a licence or permission, until the order suspending or revoking the
licence or permission is cancelled or subject to sub-section (11) until the
licence or permission is renewed as the case may be.

(7) The grantee of every licence or permission shall, at all reasonable
times, while such licence or permission remains in force, produce the same at
the request of the executive authority.

(8) Whenever any person is convicted of an offence in respect of the
failure to obtain a licence or permission or to make a registration as required
by the provisions of this Act or any rule or bye-law made thereunder, the
Magistrate shall, in addition to any fine which may be imposed, recover
summarily and pay over to the gram panchayat the amount of the fee
chargeable for the licence or permission or for registration and may, in his
discretion, also recover summarily and pay over to the gram panchayat such
amount, if any, as he may fix, as the costs of the prosecution.

(9) Save as otherwise expressly provided in or may by prescribed under
this Act, every application for a licence or permission or for registration under
this Act or any rule, bye-law or regulation made thereunder or for renewal
thereof, shall be made not less than thirty and not more than ninety days
before the commencement of the period or such less period as is mentioned in
the application.

(10) Recovery of the fee under sub-section (8) shall not entitle the person
convicted to a licence or permission or to registration as aforesaid.

(11) The acceptance by or on behalf of a gram panchayat of the prepayment of the fee for a licence or permission or for registration shall not
entitle the person making such pre-payment to the licence or permission or of
registration, as the case may be but only to refund of the fee in case of refusal
of the licence or permission or of registration, but an applicant for the renewal
of a licence or permission or registration shall, until communication of orders
on his application, be entitled to act as if the licence or permission or
registration had been renewed and save as otherwise specially provided in this
Act, if orders on an application for licence or permission or for registration are
not communicated to the applicant within thirty days or such longer period as
may be prescribed in any class of cases after the receipt of the application by
the executive authority, the application shall be deemed to have been allowed
for the period if any, for which it would have been ordinarily allowed and
subject to the law, rules, bye-laws and regulations and all conditions ordinarily
imposed.

**128. Appeal from the order of executive authority- (1) An appeal shall lie to**
the gram panchayat from,

-----

(a) any order of the executive authority granting, refusing,
suspending or revoking a licence or permission;

(b) any other order of the executive authority that may be made
appealable by rules made under section 268.

(2) A second appeal shall lie from the decision of the gram panchayat
passed in an appeal under sub-section (1) to such authority as may be
prescribed whose decision thereon shall be final.

**129. Limitation of time for appeal - In any case in which no time is fixed by**
the foregoing provisions of this Act for the presentation of an appeal allowed
thereunder, such appeal shall, subject to the provisions of section 5 of the
Indian Limitation Act, 1963 (Central Act 36 of 1963) be presented within thirty
days after the date of receipt of the order from which the appeal is preferred.

**130. Government and Market Committees not to obtain licences and**
**permissions - Nothing in this Act or in any rule, bye-law or regulation made**
thereunder shall be construed as requiring the taking out of any licence or the
obtaining of any permission under this Act or any such rule, bye-law or
regulation in respect of any place in the occupation or under the control of the
State or Central Government or of a *[Mandal Praja Parishad] or Zilla
Prishad or of a Market committee constituted under the Andhra Pradesh
(Agricultural Produce and Livestock) Markets Act, 1966 (Act 16 of 1966) or in
respect of any property of the State or Central Government or of any property
belonging to such *[Mandal Praja Parishad] or *[Zilla Praja Parishad] or Market
Committee.

**131. Time for complying with notice, order etc., and power to enforce in**
**default- (1) Whenever by any notice, requisition or order under this Act, or**
under any rule, bye-law or regulation made thereunder, any person is required
to execute any work to take any measures or to do anything, a reasonable time
shall be named in such notice, requisition or order within which the work shall
be executed, the measures taken or the thing done.

(2) If such notice, requisition or order is not complied with within the
times so named
(a) the executive authority may cause such work to be executed or
may take any measures or do anything which may in his opinion
be necessary for giving due effect to the notice, requisition or order
and all expenses thereby incurred by the gram panchayat shall be
paid by the person or persons upon whom a notice was served and
shall be recoverable in the manner hereinafter provided; and
further

(b) if no penalty has been specially provided, in this Act for failure
to comply with such notice, requisition or order the said person
shall be punishable with fine not exceeding fifty rupees for every
such offence.

**132. Powers of entry and inspection - (1) Subject to such restrictions and**
conditions as may be prescribed the executive authority or any person
authorised by him may, between sunrise and sunset on any day enter any
place building or land with or without notice and with or without assistants or
workmen in order to make an inquiry, inspection, test, examination, survey,
measurement or valuation or to execute any other work which is authorised by
the provisions of the Act or of any rule, bye-law, regulation or order made
under it or which it is necessary to make or execute for any of the purposes of
this Act or in pursuance of any of the said provisions.

(2) No claim shall lie against any person for any damage or inconvenience
necessarily caused by the exercise of powers under sub-section (1) or the use of
any force necessary for effecting an entrance under that sub-section.

**133. Testing of weights and measures- The executive authority or any person**
authorised by him may examine and test the weights and measures used in the


-----

markets and shops in the village with a view to the prevention and punishment
of offences relating to such weights and measures under chapter XIII of the
Indian Penal Code (Central Act 45 of 1860).

**134. Power to call for information from *[Executive Authority]- (1) The**
executive authority may, by an order in writing require the *[Executive
Authority]having jurisdiction over the gram panchayat to furnish him
information on any matter falling within such categories as may be prescribed
in respect of villages within his jurisdiction or any part thereof or any person or
property therein and such *[Executive Authority]shall comply with such order.

(2) The order shall specify the period within which it may be complied
with but the executive authority may, from time to time, extend such period.

**135. Limitation for recovery of dues - No distraint shall be made, no suit**
shall be instituted and no prosecution shall be commenced in respect of any
tax or other amount due to a gram panchayat under this Act or any rule, byelaw, regulation or order made under it after the expiration of a period of three
years from the date on which distraint might first have been made, a suit might
first have been instituted, or prosecution might first have been commenced as
the case may be in respect of such tax or amount.

**136. Persons empowered to prosecute - Save as otherwise expressly provided**
in this Act, no person shall be tried for any offence against this Act or any rule
or bye-law made thereunder, unless complaint is made within twelve months of
the commission of the offence by the police the executive authority or person
expressly authorised in this behalf by the gram panchayat or executive
authority:

Provided that failure to take out a licence, obtain permission or secure
registration under this Act, shall, for the purposes of this section be deemed a
continuing offence until the expiration of the period if any, for which the
licence, permission or registration is required and if no period is specified,
complaint may be made at any time within twelve months from the
commencement of the offence.

**137. Power to compound offences- (1) Theexecutive authority may, subject to**
such restrictions and control, as may be prescribed compound for a sum not
exceeding rupees five hundred, any offence against the provisions of this Act or
any rule or bye-law made thereunder, which may by rules, be declared
compoundable.

(2) On payment of the amount by way of composition no further
proceedings shall be taken or continued against the defaulter in regard to the
offence or alleged offence so compounded.

(3) Nothing in this section shall apply to election offences.

**138. Prosecutions and compositions to be reported to gram panchayat -**
Every prosecution instituted or offence compounded by the executive authority
shall be reported by him to the gram panchayat at its next meeting.

1 [138A. Notice of action against Gram Pranchayat – (1) Subject to the
provisions of section 138, no suit or other legal proceeding shall be brought
against any Gram Panchayat or the Sarpanch or the executive authority or any
member, officer or servant of such Gram Panchayat or against any person
acting under the direction of such Gram Panchayat, Sarpanch, executive
authority, member, officer or servant, in respect of any act done or purporting
to be done under this Act or in respect of any alleged neglect or default in the
execution of the provisions of this Act or any rule, bye-law, regulation or order
made under it, until the expiration of two months next after notice in writing
stating the cause of action, the nature of the relief sought, the amount of
compensation claimed and the name and place of residence of the intended

1. Inserted by the Act No.37 of 2001, S.5, w.e.f. 23.08.2001.


-----

plaintiff, has been left at the office of the Gram Panchayat and if the proceeding
is intended to be brought against any such Sarpanch, executive authority,
member, officer, servant or person, also delivered to him or left at his place of
residence, and unless such notice is given, the court shall not entertain such
suit or legal proceeding.
(2) Every such proceeding shall, unless it is a proceeding for the recovery
of immovable property or for a declaration of title thereto, be commenced
within six months after the date on which the cause of action arose or in case
of a continuing injury or damage, during such continuance or within six
months after the ceasing thereof.
(3) If any Gram Panchayat or person to whom notice is given under subsection (1) tenders amends to the plaintiff before the proceeding is commenced
and if the plaintiff does not in such proceeding recover more than the amount
so tendered, he shall not recover any costs incurred by him after such tender,
and the plaintiff shall also pay all cost incurred by the defendant after such
tender.]

**139. Assistance of police to the gram panchayat - Every Police Officer in**
whose jurisdiction the village is situated, shall be bound to assist the gram
panchayat and its officers and servants in the exercise of their lawful authority.

**140. Wrongful restraint of executive authority or his delegates - Any**
person who prevents the executive authority or any person to whom the
executive authority has lawfully delegated his powers of entering on or into any
place, building or land, from exercising his lawful power of entering thereon or
thereinto shall be deemed to have committed an offence under section 344 of
the Indian Penal Code (Central Act 45 of 1860).

**141. Punishment for obstructing gram panchayat-Whoever obstructs a gram**
panchayat or the Sarpanch, the executive authority or a member of the gram
panchayat or any person employed by the gram panchayat or any person with
whom it has contracted in the performance of its duty under the provisions of
this Act or of any rule made thereunder, or prevents or tries to prevent any
person from doing anything which he is empowered or required to do, by virtue
of this Act, or removes any mark set up for the purpose of indicating any level
or direction incidental to the carrying out of any work authorised by this Act, or
removes, destroys, or defaces or otherwise obliterates any notice put up or
exhibited by the gram panchayat or under its authority, shall be liable on
conviction to a fine not exceeding fifty rupees.

**142. Penalty for not giving information or giving false information - Any**
person required by this Act or by any notice or other proceedings issued
thereunder to furnish any information, who omits to furnish such information
or knowingly furnishes false information shall be punishable with fine not
exceeding ten rupees.

**SUPPLEMENTAL PROVISIONS**

**143. Special provisions in the case of** **1 [XXXX] gram panchayats - (1)**
Notwithstanding anything in this Act, when a local area is notified as a village
under section 3, for the first time, the Commissioner shall appoint a special
officer to exercise the powers and perform the functions of the gram panchayat
and its Sarpanch and executive authority until the members and Sarpanch
thereof who are duly elected assume office.

(2) The special officer shall cause arrangements for the election of the
members of the gram panchayat to be made before such date as may be fixed
by the Commissioner in this behalf:

1. Omitted by the Act No. 2 of 1996, S.2, w.e.f. 22.10.1995.


-----

Provided that the Commissioner may, from time to time, postpone the
date so fixed, if for any reason, the elections cannot be completed before such
date.

1[(3) The Government, or as the case may be, an officer authorised by the
Government, shall appoint a special officer or a person-in-charge or a
committee of persons-in-charge to a Gram Panchayat, if for any reason, the
process of election to such Gram Panchayat is not completed.

(4) The special officer or person-in-charge or the Committee of personsin-charge, appointed under sub-section (3) shall exercise the powers and
perform the functions of the gram panchayat and its Sarpanch and executive
authority until the members and Sarpanch elected thereof assume office.]

**144. Public roads, markets, wells, tanks etc., to be open to all- All roads,**
markets, wells, tanks, reservoirs and water ways vested in or maintained by a
gram panchayat shall be open to the use and enjoyment of all persons,
irrespective of their caste and creed.

**145. Power to farm out fees - A gram panchayat shall have power to farm out**
the collection of any fees due to it under this Act or any rule, bye-law or
regulation made thereunder, for any period not exceeding three years at a time
on such condition as it thinks fit.

**146. Extension of provisions of law relating to district municipalities or of**
**rules thereunder - (1) The Commissioner may, at the request of the gram**
panchayat or otherwise, by notification, declare that any of the provisions of
the law relating to municipalities for the time being in force or of any rule made
thereunder including those relating to taxation, shall be extended to and be in
force in the village or any specified area therein.

(2) The provisions so notified shall be construed with such alterations not
affecting the substance as may be necessary or proper for the purpose of
adopting them to the village or specified area therein.

(3) Without prejudice to the generality of the foregoing provision, all
references to a municipal council or the*[Chairperson] or the executive
authority thereof shall be construed as references to the gram panchayat or the
Sarpanch or the executive authority thereof, all references to any officer or
servant of a municipal council as references to corresponding officer or servant
of the gram panchayat and all references to the municipal limits as references
to the limits of the village or the specified area therein, as the case may be.

**147. Transfer of functions of gram panchayats to other local authorities**
**or vice versa - Notwithstanding anything in this Act, or in any law relating to**
other local authorities, the Government may, in consultation with the *[Mandal
Praja Parishad] or *[Zilla Praja Parishad] or other local authority as the case
may be, and the gram panchayat concerned, by notification, and subject to
such restrictions and conditions and to such control and revision as may be
specified therein, direct that, 
(i) any power or function vested in the gram panchayat by or
under this Act, shall be transferred to and exercised and
performed by the *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] or the other local authority; and

(ii) any power or function vested in the *[Mandal Praja
Parishad] or *[Zilla Praja Parishad] or the other local
authority shall be transferred to and exercised and
performed by the gram panchayat.

**Explanation: For the purposes of this section, 'local authority' includes, the**
Andhra Pradesh Industrial Infrastructure Corporation Limited.

**PART - III**

1. Added by the Act No. 2 of 1996, S.2, w.e.f. 22.10.1995.


-----

**CONSTITUTION AND INCORPORATION, COMPOSITION, POWERS**
**FUNCTIONS, ETC., OF *[MANDAL PRAJA PARISHADS]**

**148. Constitution and incorporation of *[Mandal Praja Parishads] - (1)**
There shall be constituted by the Government by notification from time to time,
and with effect on and from such date, as may be specified therein constitute
a *[Mandal Praja Parishad] for each Mandal.

(2) Where under sub-section (2) of section 3 of the Andhra Pradesh
Districts (Formation) Act, 1974 (Act 7 of 1974), a Mandal is redelimited or a
new Mandal is formed, the Government may, by notification, reconstitute
the *[Mandal Praja Parishad] for the redelimited Mandal or constitute a
new *[Mandal Praja Parishad] for the new Mandal. On such reconstitution or
constitution the *[Mandal Praja Parishad] or *[Mandal Praja
Parishads] concerned functioning immediately before such reconstitution or
constitution, shall stand abolished:

Provided that in reconstituting the *[Mandal Praja Parishad] the
Government may direct that the President, the Vice-President or an elected
member of the *[Mandal Praja Parishad] which was functioning immediately
before such redelimitation and who is otherwise qualified to hold such office in
the reconstituted *[Mandal Praja Parishad] shall be the President, VicePresident or elected member of the reconstituted *[Mandal Praja Parishad] as if
he was elected to such office in the reconstituted *[Mandal Praja Parishad].

(3) Where after a *[Mandal Praja Parishad] is constituted for a Mandal, a
part of such Mandal is included in a neighbouring municipality or Municipal
Corporation; and,
(i) in case the residuary part of the Mandal is viable for the
constitution of a separate *[Mandal Praja Parishad] such residuary
part shall be redelimited into a separate Mandal under the Andhra
Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) and
a *[Mandal Praja Parishad] shall be constituted for such newly
formed Mandal and that portion of the Mandal prior to its
redelimitation which is included in the neighbouring Municipality
or Municipal Corporation shall be included in an adjoining Mandal
which forms part of such Municipality or Municipal Corporation; or

(ii) in case the residuary portion of the Mandal is not viable to be
constituted into a separate *[Mandal Praja Parishad], it shall be
competent for the Government,
(a) to include such residuary portion of the Mandal in the
adjoining Mandal or Mandals and abolish the *[Mandal Praja
Parishad] constituted for such Mandal; or

(b) to form a new Mandal by adding to such residuary
portion, areas from the adjoining Mandal or Mandals and
constitute a *[Mandal Praja Parishad] for such new Mandal:

Provided that where a *[Mandal Praja Parishad] is
constituted under clause (i) or sub-clause (b) of clause (ii),
the Government may direct that the President, VicePresident or an elected member of the abolished *[Mandal
Praja Parishad] who is otherwise qualified to hold such office
in the newly constituted *[Mandal Praja Parishad] shall be
the President, Vice-President or elected Member of the newly
constituted *[Mandal Praja Parishad] as if he was elected to
such office in the newly constituted *[Mandal Praja
Parishad].

**Explanation:- For the removal of doubts it is hereby declared, that,-**

(i) the President, Vice-President or an elected member of the
newly constituted *[Mandal Praja Parishad] continued under
this sub-section shall hold office only for the residue of the


-----

term of the President, Vice-President or an elected member of
the abolished *[Mandal Praja Parishad]:

Provided further that where a *[Mandal Praja
Parishad] is abolished under clause (a), the President, VicePresident or an elected member holding office immediately
before such abolition shall unless he is continued under the
foregoing proviso cease to hold their respective offices.

(4) Every *[Mandal Praja Parishad] shall, by the name of the Mandal for
which it is constituted or reconstituted, be a body corporate having perpetual
succession and a common seal with power to acquire, hold and dispose of
property and to enter into contracts and may by its corporate name sue and be
sued.

(5) The notification under sub-section (2) may contain such
supplemental, incidental and consequential provisions as the Government may
deem necessary and the Government may, from time to time, amend any such
notification.

**149. Composition of *[Mandal Praja Parishad]- (1) Every *[Mandal Praja**
Parishad] shall consist of the following members namely:
(i) persons elected under section 151;

(ii) the Member of the Legislative Assembly of the State
representing a constituency which comprises either wholly or
partly the Mandal concerned;

1[(iia) any Member of the Legislative Council of the State who
is a registered voter in the Mandal concerned;]

(iii) the Member of the House of the People representing a
constituency which comprises either wholly or partly the
Mandal concerned;

(iv) any Member of the Council of States who is a registered
voter in the Mandal concerned;

(v) one person belonging to minorities to be co-opted in the
prescribed manner by the members specified in clause (i)
from among persons who are registered voters in the Mandal
and who are not less than 21 years of age.

(2) No person shall be a member in more than one of the categories
specified in sub-section (1). A person who is or becomes a Member of *[Mandal
Praja Parishad] in more than one such category shall, by notice in writing
signed by him and delivered to the *[Mandal Praja Parishad] Development
Officer, within fifteen days from the date of the first meeting referred to in subsection (3) of Section 153, intimate in which one of the said categories he
wishes to serve, and thereupon he shall cease to be the Member in the other
category or categories. In default of such intimation within the aforesaid period,
his membership in the *[Mandal Praja Parishad] in the category acquired
earlier shall, and his membership acquired later in the other shall not, cease at
the expiration of such period. The intimation given under this sub-section shall
be final and irrevocable.

**150. Division of Mandal into constituencies - For the purpose of electing the**
members specified in clause (i) of sub-section (1) of section 149, the
Commissioner shall, subject to such rules as may be made in this behalf,
divide each *[Mandal Praja Parishad] area into as many territorial
constituencies as he may, by notification specify, in such manner that, as far
as practicable, shall consist of a population ranging between three thousand
and four thousand; and that the ratio between the population of each
constituency and the number of seats allotted to it shall, as far practicable, be
the same throughout the *[Mandal Praja Parishad]area:

1. Inserted by the Act No. 22 of 2007, S.2.


-----

Provided that the ratio between the population of the territorial area of
a *[Mandal Praja Parishad] and the number of seats in such Parishad to be
filled by election shall, as far as practicable, be the same throughout the State.

**151. Election of members from territorial constituencies - (1) One member**
shall be elected to the *[Mandal Praja Parishad] from each territorial
constituency specified in section 150 by the method of secret ballot by the
persons who are registered voters in the territorial constituency concerned:

Provided that a registered voter in the *[Mandal Praja Parishad] shall be
entitled to contest from any territorial constituency of the *[Mandal Praja
Parishad].

(2) For purpose of preparation and publication of the electoral roll for the
elections to the office of member under this section, the provisions of sections
11 and 12 shall, mutatis mutandis apply, subject to such rules as may be
made in this behalf.

**152. Reservation of seats of members of *[Mandal Praja Parishad] - (1) In**
every Manda Parishad out of the total strength of elected members determined
under section 150, the Commissioner shall, subject to such rules as may be
prescribed, by notification, reserve,
(a) such number of seats to the members belonging to Scheduled
Castes and Scheduled Tribes as may be determined by him,
subject to the condition that the number of seats so reserved shall
bear, as nearly as may be, the same proportion to the total number
of seats to be filled by direct election to the *[Mandal Praja
Parishad] as the population of the Scheduled Castes, or as the case
may be, the Scheduled Tribes in that Mandal bears to the total
population of that Mandal and such seats may be allotted by
rotation to different constituencies in a *[Mandal Praja Parishad] in
the manner prescribed;

(b) [1][XXXX]

(c) not less than one-third of the total number of seats reserved
under [2][clause (a) and sub-section (1A)] for women belonging to the
Scheduled Castes, Scheduled Tribes or as the case may be, the
backward classes;

(d) not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes, Scheduled Tribes
and backward classes) of the total number of seats to be filled by
direct election to every *[Mandal Praja Parishad] shall be reserved
for women and such may be allotted by rotation to different
constituencies in a *[Mandal Praja Parishad]in the manner
prescribed.

3[(1A) In addition to the reservation of seats under sub-section (1), there
shall be reserved for the Backward Classes such a number of seats as may be
allocated to them in each *[Mandal Praja Parishad] in the manner prescribed;
so however that the number of offices of members of *[Mandal Praja
Parishads] in the State reserved for Backward Classes shall not be less than
thirty-four per cent of the total number of offices of the members of *[Mandal
Praja Parishads] in the State. The number of seats allocated to each *[Mandal
Praja Parishad] shall be allotted by rotation to different territorial
constituencies in the *[Mandal Praja Parishad]:

Provided that it shall be competent for the Government to make special
provisions with regard to the manner and quantum of seats to be reserved for

1. Omitted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.
2. Substituted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.
3. Inserted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.


-----

Backward Classes in the *[Mandal Praja Parishad] situated either wholly or
partly in the scheduled areas, by rules made in this behalf.]

(2) Nothing in [1] [sub-section (1) and (1A)] shall be deemed to prevent
women and members of the Scheduled Castes, Scheduled Tribes or backward
classes from standing for election to the non-reserved seats in the *[Mandal
Praja Parishad].

**153. Election, reservation and term of office of President and Vice-**
**President - (1) For every *[Mandal Praja Parishad] there shall be one President**
and one      Vice-President who shall be [2][elected by and from among the
elected members specified in clause (i) of sub-section (1) of section 149 by show
of hands duly obeying the party whip given by such functionary of the
recognised political party as may be prescribed.] If at an election held for the
purpose no President or Vice-President is elected, fresh election shall be held.
The names of the President and the Vice-President so elected shall be
published in the prescribed manner:

Provided that if a Member of the Legislative Assembly of the State or of
either House of Parliament is elected to either of the said offices, he shall cease
to hold such office unless within fifteen days from the date of election to such
office, he ceases to be a Member of the Legislative Assembly of the State or of
either House of Parliament by resignation or otherwise.

3[Provided further that a member voting under this sub-section in disobedience of the party whip 4 [shall cease to hold office in the manner
prescribed] and the vacancy caused by such cessation shall be filled as a
casual vacancy.]

(2) Out of the total number of offices of President in the State, the
Commissioner shall, subject to such rules as may be prescribed, by notification
reserve,
(a) such number of offices to the members belonging to Scheduled
Castes and Scheduled Tribes as may be determined by him,
subject to the condition that the number of offices so reserved
shall bear, as nearly as may be, the same proportion to the total
number of offices to be filled in the State as the population of the
Scheduled Castes or as the case may be, the Scheduled Tribes in
the State bears to the total population of the Stateand such offices
may be allotted by rotation to different *[Mandal Praja Parishads]in
the State in the manner prescribed;

(b) [5][XXXX]

(c) not less than one-third of the total number of offices reserved
under [6][clause (a) and sub-section (2A)] for women belonging to the
Scheduled Castes, Scheduled Tribes, or as the case may be, the
backward classes; and

(d) not less than one-third (including the number of offices
reserved for women belonging to the Scheduled Castes, Scheduled
Tribes and the backward classes) of the total number of offices to
be filled in the State for women and such offices may be allotted by
rotation to different *[Mandal Praja Parishads] in the State in the
manner prescribed.

1. Substituted by the Act No. 5 of 1995, S.6, w.e.f 30.12.1994.
2. Substituted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.
3. Added by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.
4. Substituted by the Act No.22 of 2006, S.5.
5. Ommitted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.
6. Substituted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.


-----

1[(2A) In addition to the reservation of offices of President under subsection (1), there shall be reserved for the Backward Classes such number of
offices of President as may be allocated to them in each district in the manner
prescribed; so however, that the number of Offices of President in the State
reserved for Backward Classes shall not be less than thirty-four per cent of the
total number of offices of Presidents of *[Mandal Praja Parishads] in the State.
The number of offices of Presidents allocated for reservation to each district
shall be allotted by rotation to different *[Mandal Praja Parishads] in the
district.]

(3) The first meeting of the *[Mandal Praja Parishad] to elect a President
and Vice-President shall be called as soon as may be, after the results of the
ordinary elections to the office of elected members of the *[Mandal Praja
Parishad] have been published. The notice of the date and time of the meeting
for the election of President and Vice-President shall be given to the elected
members in the prescribed manner:

Provided that if, for any reason, the election of the President or VicePresident is not held on the date fixed as aforesaid, the meeting for the election
of the President and Vice-President shall be held on the next day, whether or
not it is a holiday observed by the *[Mandal Praja Parishad].

(4) Every President or Vice-President shall cease to hold office on the
expiration of his term of office as a member.

(5) Save as otherwise expressly provided in or prescribed under this Act,
the term of office of the President or Vice-President who is elected at an
ordinary election shall be five years from the date appointed by the Election
Commissioner for the first meeting of the *[Mandal Praja Parishad] after the
ordinary election.

(6) Any casual vacancy in the office of the President or Vice-President
shall be filled within a period of six months from the date of occurrence of the
vacancy by a fresh election under sub-section (3) and a person elected as
President or Vice-President in any such vacancy shall hold office only so long
as the person in whose place he is elected would have been entitled to hold
office if the vacancy had not occurred.

2[153A. Resolution of disputes relating to cessation for disobedience of
**party whip - Where a member against whom a proceeding that he ceased to**
hold office as a consequence of the disobedience of the party whip is issued in
pursuance of the second proviso to sub-section (1) of section 153 and the
affected member disputes the correctness of the proceedings, he may apply to
the District Court having jurisdiction over the area in which the office of
the *[Mandal Praja Parishad] is situated, for a decision.]

**154. Term of office of member of *[Mandal Praja Parishad] - Save as**
otherwise provided in this Act, 
(i) an ex-officio member of the *[Mandal Praja Parishad] shall
hold office so long as he continues to hold the office by virtue
of which he became such ex-officio member;

(ii) a member elected at an ordinary election or a co-opted
member shall hold office for a term of five years from the
date appointed by the *[Andhra Pradesh Election
Commissioner for Local Bodies]for the first meeting of
the *[Mandal Praja Parishad] after the said ordinary election.

**155. Qualification of candidates for election - No person shall be eligible for**
election as member of a *[Mandal Praja Parishad] unless his name appears in
the electoral roll of the *[Mandal Praja Parishads] concerned and he has
completed the age of twenty-one years.

1. Inserted by the Act No. 5 of 1995, s.7, w.e.f 30.12.1994.
2. Inserted by the Act No. 22 of 2006, S.6.


-----

**156. Disqualifications- (1) A member of the *[Mandal Praja Parishad] shall be**
disqualified for election as President or Vice-President if he is in arrears of any
dues, otherwise than in a fiduciary capacity to a gram panchayat, a *[Mandal
Praja Parishad] or the *[Zilla Praja Parishad] or if he is interested in a
subsisting contract made with, or any work being done, for, any gram
panchayat in the Mandal or the *[Mandal Praja Parishad] or the *[Zilla Praja
Parishad] within whose jurisdiction the *[Mandal Praja Parishad] is situated or
any other *[Mandal Praja Parishad] within the jurisdiction of that *[Zilla Praja
Parishad]:

Provided that a person shall not be deemed to have any interest in such
contract or work by reason only of his having a share or interest in 
(i) a company as a mere shareholder but not as a director;

(ii) any lease, sale or purchase of immovable property or any
agreement for the same; or

(iii) any agreement for the loan of money or any security for
the payment of money only;or

(iv) any newspaper in which any advertisement relating to
the affairs of any of aforesaid *[Mandal Praja Parishad] is
inserted.

(2) The provisions of [1][sections 18, 19, 19A, 19B, 20, 21 and 22] shall
apply to a member of the *[Mandal Praja Parishad] as they apply to a member
of the gram panchayat subject to the variations that for the expressions, "gram
panchayat," "executive authority," "Sarpanch," "Upa-Sarpanch" and "District
Panchayat Officer," the expressions "*[Mandal Praja Parishad]", "*[Mandal Praja
Parishad] Development Officer", "President," "Vice-President" and "Chief
*[Executive Authority]," shall respectively be substituted:

Provided that nothing in clause (b) of section 20 shall apply to a member
of the *[Mandal Praja Parishad] specified in clause (ii), Clause (iii) and Clause
(iv) of sub-section (1) of section 149.

**157. Resignation of President, Vice-President or member - The President,**
the Vice-President elected member or co-opted member may resign his office in
such manner as may be prescribed.

**158. Permanent invitees to the meetings of the *[Mandal Praja Parishad] -**
The Collector, the Sarpanches of all the gram panchayats within the
jurisdiction of the *[Mandal Praja Parishad] and [2][the member of the *[Zilla
Praja Parishad] specified in clause (i) of sub-section (3) of section 177 elected
from the Mandal concerned, the Chairperson, *[Zilla Praja Parishad], and the
President of Agricultural Marketing Committee] shall be permanent invitees to
the meetings of the *[Mandal Praja Parishad] and they shall have the right to
speak in and other wise to take part in the proceedings of any meeting of a
*[Mandal Praja Parishad] functioning within the local limits of their respective
jurisdictions but shall not, by virtue of this section be entitled to vote at any
such meeting.

**159. President of a *[Mandal Praja Parishad] may invite certain persons to**
**attend its meetings - (1) The President of a *[Mandal Praja Parishad] may for**
purposes of consultation, invite any person other than an office bearer of any
political party having experience and specialised knowledge of any subject
under the consideration of the *[Mandal Praja Parishad] to attend the meeting
of the *[Mandal Praja Parishad]. Such person shall have the right to speak in,
and otherwise to take part in the proceedings of such meeting, but shall not, by
virtue of this section be entitled to vote at any such meeting.

(2) A person attending a meeting under sub-section (1) shall be entitled
to such allowances as may be prescribed.

1. Substituted by the Act No. 22 of 2006, S.7.
2. Substituted by the Act No. 5 of 1995, S.8, w.e.f. 30.12.1994.


-----

**160. Rules for the conduct of the business at a meeting of a *[Mandal**
**Praja Parishad] - Every *[Mandal Praja Parishad] shall in regard to the conduct**
of business at its meetings, follow such rules as may be prescribed.

**161. Powers and functions of a *[Mandal Praja Parishad] - (1) Subject to the**
provisions of this Act, the administration of the Mandal shall vest in
the *[Mandal Praja Parishad]. Every *[Mandal Praja Parishad] shall endeavour
to install among the people within its jurisdiction spirit of selfhelp and initiative
and harness their enthusiasm for raising the standard of living, it shall
exercise all the powers conferred on, and perform all the functions entrusted to
it by or under this Act, and such other powers and functions as may be
conferred on, and entrusted to it by the Government for carrying out the
purposes of this Act, but it shall not exercise the powers or perform the
functions expressly assigned by or under this Act, or any other law to its
President or to the *[Mandal Praja Parishad] Development Officer or to
the *[Zilla Praja Parishad] or any other authority, it shall do extension and
review functions at the mandal level effectively. It may, with the previous
approval of the Government and subject to such terms and conditions as may
be prescribed borrow moneys for carrying out the purposes of this Act. It shall
also exercise and perform such of the powers and functions of the District
Board including the powers to levy any tax or fees as may be transferred to it
under this Act.

(2) Every *[Mandal Praja Parishad] shall exercise such powers and
perform such functions as may be entrusted to it by rules made in this behalf
in regard to the subjects enumerated in Schedule-I. In particular, the *[Mandal
Praja Parishad] shall exercise the powers and perform the functions specified in
Schedule-II.

(3) Notwithstanding anything in this Act, the *[Mandal Praja
Parishad] may with the prior approval of the *[Zilla Praja Parishad] levy
contributions from the funds of the Gram Panchayats in the Mandal.

(4) Every *[Mandal Praja Parishad] may levy with the prior sanction of the
Government a duty in the form of a surcharge on any tax imposed by a gram
panchayat or on land cess or local cess levied within its jurisdiction in such
manner and subject to such maximum as may be prescribed.

**162. Maintenance of common water works and other institutions - (1)**
Notwithstanding anything in this Act and subject to the rules made in this
behalf, two or more gram panchayats may, 
(i) construct and maintain water works for supply of water
for washing and bathing purposes and protected water for
drinking purposes from a common source, and

(ii) entrust to *[Mandal Praja Parishad] with its consent and
on such terms as may be agreed upon the management of
any institution or the execution or maintenance of any work.

(2) Subject to the provisions of this Act and the rules made thereunder,
two or more *[Mandal Praja Parishads] may establish and maintain common
dispensaries, child welfare centres and institutions of such other kinds, as may
be prescribed.

**163. Power of *[Mandal Praja Parishad] to call for documents from**
**the *[Mandal Praja Parishad] Development Officer - A *[Mandal Praja**
Parishad] may, at any time require the *[Mandal Praja Parishad] Development
Officer to furnish any document in his custody. The said officer shall comply
with every such requisition.

**164. Power of *[Mandal Praja Parishad] to call for information from Village**
**Development** **Officer** - A *[Mandal Praja Parishad] may require any
*[Executive Authority] of any village within the jurisdiction of the *[Mandal
Praja Parishad] to furnish any information on any matter falling within such
categories as may be prescribed in respect of such village or any person or
property therein required for the purposes of this Act.


-----

**165. Powers and functions of the President and Vice-President - (1) The**
President of a *[Mandal Praja Parishad] shall,
(a) exercise administrative control over the *[Mandal Praja
Parishad] Development Officer for the purposes of implementation
of the resolution of the *[Mandal Praja Parishad];

(b) preside over and conduct the meetings of the *[Mandal Praja
Parishad]; and

(c) have full access to all records of the *[Mandal Praja Parishad].

(2) In case of emergency the President may in consultation with
the *[Mandal Praja Parishad] Development Officer direct the execution of any
work or the doing of any act which requires the sanction of the *[Mandal Praja
Parishad] and the immediate execution or the doing of which is, in his opinion,
necessary for the service or safety of the general public, but he shall report the
action taken under this sub-section and the reasons therefor to the *[Mandal
Praja Parishad] at its next meeting:

Provided that he shall not direct the execution of any work or the doing
of any act in contravention of any order of the Government.

(3) The Vice-President shall exercise such powers and perform such
functions of the President as the President may, from time to time, delegate to
him in writing.

(4) When the office of the President is vacant the Vice-President of
the *[Mandal Praja Parishad] shall exercise the powers and perform the
functions of the President until a new President is elected.

(5) If the President has been continuously absent from the Mandal for
more than fifteen days or is incapacitated for more than fifteen days, his
powers and functions during such absence or incapacity shall devolve on the
Vice-President.

(6) When the office of the President is vacant or the President has been
continuously absent from the Mandal for more than fifteen days or is
incapacitated for more than fifteen days and there is either a vacancy in the
office of Vice-President or the Vice-President has been continuously absent
from the Mandal for more than fifteen days or is incapacitated for more than
fifteen days, the powers and functions of the President shall devolve on a
member of the *[Mandal Praja Parishad] appointed by the Government in this
behalf. The member so appointed shall be styled as the temporary President
and he shall exercise the powers and perform the functions of the President
subject to such restrictions and conditions as may be prescribed until a new
President or Vice-President assumes office after his election or until the
President or the Vice-President returns to the Mandal or recovers from his
incapacity, as the case may be.

**166. Right of individual members to draw attention in respect of *[Mandal**
**Praja Parishad] etc., - Any member of a *[Mandal Praja Parishad] may draw**
the attention of the President or the *[Mandal Praja Parishad] Development
Officer to any neglect in the execution of *[Mandal Praja Parishad] work, to any
waste of *[Mandal Praja Parishad] property or to the needs of any locality and
may suggest any improvement which may appear desirable.

**167. Powers and functions of *[Mandal Praja Parishad] Development**
**Officer - (1) The *[Mandal Praja Parishad] Development Officer shall be the**
Chief *[Executive Authority] of the *[Mandal Praja Parishad]. He shall be
responsible for implementing the resolutions of the *[Mandal Praja
Parishad] and shall also exercise such powers and perform such functions as
may be entrusted to him by the Government. He shall also exercise such
powers of supervision over the gram panchayats in the Mandal as may be
prescribed.

(2) The *[Mandal Praja Parishad] Development Officer shall, with the
approval of, or on the direction of the President, convene the meetings of


-----

the *[Mandal Praja Parishad] so that atleast one meeting of the *[Mandal Praja
Parishad] is held every month and if the *[Mandal Praja Parishad] Development
Officer fails to discharge that duty, with the result that no meeting of
the *[Mandal Praja Parishad] is held within a period of ninety days from the
last meeting, he shall be liable to disciplinary action under the relevant rules:

Provided that where the President fails to give his approval for convening
the meeting so as to hold a meeting within a period of ninety days aforesaid,
the *[Mandal Praja Parishad] Development Officer may himself convene the
meeting in the manner prescribed.

(3) The *[Mandal Praja Parishad] Development Officer shall ordinarily
attend the meetings of the *[Mandal Praja Parishad] and shall be entitled to
take part in the discussions thereat but he shall not be entitled to vote or to
move any resolution.

(4) Subject to the provisions of section 168 the staff borne on the
establishment of the *[Mandal Praja Parishad] and the staff working in
institutions and schemes transferred by the Government or the Head of the
Department of Government to the *[Mandal Praja Parishad] shall be under the
administrative control and supervision of the *[Mandal Praja
Parishad] Development Officer.

(5) Notwithstanding anything in sub-section (1) of section 161 and
subject to all other provisions of this Act, and the rules made thereunder,
the *[Mandal Praja Parishad] shall have power to issue such specific direction
as it may think fit regarding the performance by the *[Mandal Praja
Parishad] Development Officer of any of the functions assigned to him under
this Act.

(6) The Government shall, pay out of the Consolidated Fund of the State,
the salaries, allowances, leave allowances, pension and contribution if any
towards the provident fund or provident fund-cum-pension fund of
the *[Mandal Praja Parishad] Development Officer appointed by them
for *[Mandal Praja Parishad].

(7) The Government shall have power to make rules to regulate the
classification and methods of recruitment, conditions of services, pay and
allowances and disciplinary conduct of the *[Mandal Praja
Parishad] Development Officer.

**168. The *[Mandal Praja Parishad] Development Officer and other officers**
**and staff of a *[Mandal Praja Parishad] to be subordinate to the *[Mandal**
**Praja Parishad] - The *[Mandal Praja Parishad] Development Officer and other**
officers and staff of a *[Mandal Praja Parishad] and the staff employed in the
institutions and schools under the *[Mandal Praja Parishad] shall be
subordinate to the *[Mandal Praja Parishad].

**169. Officers and other employees of *[Mandal Praja Parishad] - (1) The**
Government may, at any time create such posts of officers and other employees
of *[Mandal Praja Parishad] as they may consider necessary for carrying out
the purposes of this Act.

(2) All appointments to the posts created under sub-section (1) and
transfer of the holders of such posts shall be made subject to the provisions of
the Andhra Pradesh Public Employment (Regulation of Age of Superannuation)
Act, 1984 (Act 23 of 1984), the Andhra Pradesh(Regulation of Appointments to
Public Services and Rationalisation of Staff Pattern and Pay Structure) Act,
1994 (Act 2 of 1994) and such rules as may be made under the proviso to
article 309 of the Constitution of India.

(3) The Government shall pay, out of the Consolidated Fund of the State,
the salaries, allowances, leave allowances, pension and contributions, if any,
towards the provident fund or pension-cum-provident fund of the officers and
other employees of a *[Mandal Praja Parishad] who hold any of the posts
referred to in sub-section (1).


-----

(4) The classification and methods of recruitment, conditions of service,
pay and allowances and discipline and conduct of the officers and other
employees referred to in sub-section (3), shall be regulated in accordance with
the provisions of the Andhra Pradesh Public Employment (Regulation of Age of
Superannuation) Act, 1984 (Act 23 of 1984), the Andhra Pradesh (Regulation of
Appointments to Public Services and Rationalisation of Staff Pattern and Pay
Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the
proviso to article 309 of the Constitution until rules in that behalf are so made,
the law for the time being in force regulating the recruitment and conditions of
service, pay and allowances and conduct, applicable to such holder shall
continue to apply to such holder.

(5) The Government may, from time to time, by order give such directions
to any *[Mandal Praja Parishad] or any officer, authority, or person thereof as
may appear to them to be necessary for the purpose of giving effect to the
provisions of this section and the *[Mandal Praja Parishad] Development
Officer, authority or person shall comply with all such directions.

**170. Allowances for attending a meeting of the *[Mandal Praja Parishad] -**
(1) There shall be paid to the members of a *[Mandal Praja Parishad] including
its President and Vice-President and to the Members of the Legislative
Assembly and of either House of Parliament for attending a meeting of
the *[Mandal Praja Parishad] such allowances as may be prescribed.

(2) There shall also be paid to the President in respect of his tours on
duty whether within or outside the Mandal but within the District such
allowances as may be prescribed.

**171. *[Mandal Praja Parishad] Fund - (1) All moneys received by a *[Mandal**
Praja Parishad] shall constitute a fund called the *[Mandal Praja
Parishad] Fund and shall be applied for the purposes specified in this Act and
for such other purposes and in such manner as may be prescribed.

(2) All moneys received by the *[Mandal Praja Parishad] shall be lodged in
the nearest Government treasury.

1[Provided that the amounts received as funds under the Jawahar Rozgar
Yojana Employment Assurance Scheme or other Wage Employment Schemes
shall be lodged in nearby Nationalised Banks or Co-operative Banks or Post
Offices in such manner as may be prescribed.]

(3) All orders or cheques against the *[Mandal Praja Parishad] Fund shall
be signed by the *[Mandal Praja Parishad] Development Officer.

**172. Income and expenses of a *[Mandal Praja Parishad] - (1) The sources of**
income of a *[Mandal Praja Parishad] shall consist of,
(i) funds relating to institutions and schemes transferred by
the Government or Heads of Departments of the Government
to the *[Mandal Praja Parishad];

(ii) funds relating to the community development
programmes;

(iii) Central and State aid, and aid received from the All India
bodies and institutions for the development of cottage and
village industries, khadi, silk, coir, handicrafts and the like;

(iv) donations and contributions received by the *[Mandal
Praja Parishad] from gram panchayats or from the public in
any form;

(v) such income of the *[Zilla Praja Parishad] as the
Government may, by order, allocate to it;

(vi) such share of the land revenue, state taxes or fees as
may be prescribed;

1. Added by the Act No. 16 of 1998, S.3, w.e.f 20.02.1998.


-----

(vii) proceeds from taxes, surcharge or fee which
the *[Mandal Praja Parishad] is empowered to levy under this
Act or any other law;

(viii) such contributions as the *[Mandal Praja Parishad] may
levy from gram panchayats;

(ix) any other income from remunerative enterprises and the
like.

(2) Government shall also make an annual grant at the rate of five rupees
per person residing in the Mandal calculated on the basis of the last preceding
census of which figures are available.

(3) The expenses of the *[Mandal Praja Parishad] shall include the
salaries and allowances of its officers and other employees, the allowances to
be paid under sections 159 and 170 any item of expenditure directed by the
Government for carrying out the purposes of this Act and such other expenses
as may be necessary for such purposes.

**173. Election expenses to be borne by the Government - The cost of the**
election expenses including the conduct of elections to the *[Mandal Praja
Parishad] and the cost of maintenance of election establishment employed in
connection therewith shall be borne by the Government.

**174.** **Budget** **of *[Mandal** **Praja** **Parishad] -** (1) The *[Mandal Praja
Parishad] Development Officer shall, in each year frame and place before
the *[Mandal Praja Parishad] on or before the prescribed date a budget showing
the probable receipts and expenditure during the following year, and
the *[Mandal Praja Parishad] shall sanction the budget with such
modifications, if any, as it thinks fit.

(2) The budget as so sanctioned shall be submitted by the *[Mandal Praja
Parishad] Development Officer on or before such date as may be prescribed, to
the *[Zilla Praja Parishad] and where there is no such *[Zilla Praja Parishad] to
the District Collector, and if the *[Zilla Praja Parishad] or the District Collector
as the case may be is satisfied that adequate provision has not been made
therein for giving effect to the provisions of this Act, it or he shall have power to
approve the budget with such modifications as may be necessary to secure
such provisions.

(3) If, for any reason the budget is not sanctioned by the *[Mandal Praja
Parishad] under sub-section (1) before the date referred to in sub-section (2)
the *[Mandal Praja Parishad] Development Officer shall submit the budget to
the District Collector who shall sanction it with such modifications, if any, as
he thinks fit and forward it to the *[Zilla Praja Parishad] which shall thereupon
approve the budget as if it were submitted to it under sub-section (2), where
there is no *[Zilla Praja Parishad] for the District, the sanction accorded by the
District Collector shall be final.

(4) If, in the course of a year, the *[Mandal Praja Parishad] finds it
necessary to make any alterations in the budget with regard to its receipts or
items of expenditure, a revised or supplemental budget may be framed,
submitted and sanctioned or approved as far as may be in the manner
provided in sub-sections (1), (2) and (3).

**175. Joint Committee of *[Mandal Praja Parishad] and other local**
**authorities - A *[Mandal Praja Parishad] may, and if so required by the**
Government shall, join with one or more than one other local authority in
constituting a joint committee for any purpose for which they are jointly
responsible.

**176. Constitution, powers and functions of Joint Committee - The**
constitution, powers and procedure of the joint committee referred to in section
175 and the method of setting differences of opinion arising in connection with
such committee between the local authorities concerned shall be in accordance
with such rules as may be prescribed.


-----

**PART IV**
**CONSTITUTION, INCORPORATION, COMPOSITION, POWERS, FUNCTIONS,**
**ETC., OF *[ZILLA PRAJA PARISHADS]**

**177.** **Constitution,** **incorporation** **and** **Composition** **of *[Zilla** **Praja**
**Parishad] - (1) There shall be constituted by the Government by notification**
a *[Zilla Praja Parishad] for a District with effect from such date as may be
specified therein.

(2) Every *[Zilla Praja Parishad] shall, by the name of the District for
which it is constituted, be a body corporate having perpetual succession and a
common seal with power to acquire, hold and dispose of property and to enter
into contracts and may by its corporate name, sue and be sued.

(3) Every *[Zilla Praja Parishad] shall consist of the following members,
namely:
(i) persons elected under section 179;

(ii) the Member of the Legislative Assembly of the State
representing the constituency which comprises either wholly
or partly the district concerned:

Provided that such Member of the Legislative Assembly
shall have the right to speak in and otherwise to take part in
the proceedings of a meeting of any Standing Committee of
the *[Zilla Praja Parishad] but he shall not be entitled to vote
at a meeting of such Standing Committee, unless he is also a
member of that Standing Committee:

Provided further that no Member of the Legislative
Assembly representing a constituency the whole of which
forms part of the local area within the jurisdiction of any of
the Municipal Corporations or any of the Municipalities in
the State shall be the member of the *[Zilla Praja Parishad] of
the concerned district;

1[(iia) any Member of the Legislative Council of the State who
is a Member of the Mandal Praja Parishad;

Provided that such Member of the Legislative Council
of the State shall have the right to speak in, and otherwise to
take part in the proceedings of a meeting of any standing
committee of the zilla Praja Parishad, but he shall not be
entitled to vote at a meeting of that standing committee,
unless he is also a member of that standing committee.]

(iii) The Member of the House of People representing the
constituency which comprises either wholly or partly the
district concerned:

Provided that no Member of the House of the People
representing a constituency the whole of which forms part of
the local area within the jurisdiction of any of the Municipal
Corporations in the State shall be the Member of the *[Zilla
Praja Parishad]:

Provided further that a Member of the House of the
People representing a constituency which comprises more
than one district including a portion of any district, shall be
a member of the *[Zilla Praja Parishad]of all such districts
with the right to speak in, and otherwise to take part in the
proceedings of their meetings with voting rights; he shall also
have the right to speak in and otherwise to take part in the
meetings of any Standing Committee of the *[Zilla Praja

1. Inserted by the Act No. 22 of 2007, S.3.


-----

Parishad] but he shall not be entitled to vote at a meeting of
any Standing Committee unless he is also a member of that
Standing Committee.

(iv) the Member of the Council of States who is a registered
voter in the district:

Provided that such Member of the Council of States
shall have the right to speak in, and otherwise to take part in
the proceedings of a meeting of any Standing Committee of
the *[Zilla Praja Parishad], but he shall not be entitled to vote
at a meeting of that Standing Committee, unless he is also a
member of that Standing Committee;

(v) two persons belonging to minorities to be co-opted in the
prescribed manner by the members specified in clause (i)
from among persons who are registered voters in the District
and who are not less than 21 years of age.

(4) No person shall be a Member in more than one of the categories
specified in sub-section (3). A person who is or becomes a Member of a *[Zilla
Praja Parishad] in more than one such category, shall, by notice in writing
signed by him and delivered to the Chief *[Executive Authority], within fifteen
days from the date of the first meeting of the *[Zilla Praja Parishad] referred to
in sub-section (4) of section 181, intimate in which one of the said categories
he wishes to serve, and thereupon, he shall cease to be the member in the
other category or categories. In default of such intimation within the aforesaid
period, his membership in the *[Zilla Praja Parishad] in the category acquired
earlier shall, and his membership acquired later in the other category shall not,
cease at the expiration of such period. The intimation given under this subsection shall be final and irrevocable.

(5) No person other than a Member of the House of the People shall be
entitled to be a member of more than one *[Zilla Praja Parishad] at a time.

**178. Mandals to be territorial constituencies - For purposes of electing the**
members specified in clause (i) of sub-section (3) of section 177, every Mandal
in the District shall be a territorial constituency and the *[Andhra Pradesh
Election Commissioner for Local Bodies] shall allot not more than one seat for
each such territorial constituency.

**179. Election of members from territorial constituencies - (1) One member**
shall be elected to the *[Zilla Praja Parishad] from each territorial constituency
specified in section 178 by the method of secret ballot by the registered voters
in the territorial constituency concerned:

Provided that a registered voter in the district shall be entitled to contest
from any territorial constituency of the *[Zilla Praja Parishad].

(2) For purposes of preparation and publication of the electoral roll for
the elections to the office of member under this section, the provisions of
sections 11 and 12 shall, mutatis mutandis apply subject to such rules as may
be made in this behalf.

**180. Reservation of seats of members of *[Zilla Praja Parishad] - (1) In every**
*[Zilla Praja Parishad], out of the total strength of elected members determined
under section 179, the Commissioner shall, subject to such rules as may be
prescribed, by notification, reserve,
(a) such number of seats to the Scheduled Castes and Scheduled
Tribes as may be determined by him, subject to the condition that
the number of seats so reserved shall bear, as nearly as may be,
the same proportion to the total number of seats to be filled by
direct election to the *[Zilla Praja Parishad] as the population of the
Scheduled Castes or as the case may be Scheduled Tribes in the
District bears to the total population of that District and such


-----

seats may be allotted by rotation to different constituencies in a
District in the manner prescribed;

(b) [1][XXXX]

(c) not less than one-third of the total number of seats reserved
under [2][clause (a) and sub-section (1A)]for women belonging to the
Scheduled Castes, Scheduled Tribes or as the case may be, the
backward classes;

(d) not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes, Scheduled Tribes
and backward classes) of the total number of seats to be filled by
direct election to the *[Zilla Praja Parishad] for women and such
seats may be allotted by rotation to different constituencies in the
district in the manner prescribed.

3[(1A) In addition to the reservation of seats under sub-section (1), there
shall be reserved for the Backward Classes such a number of seats as may be
allocated to them in each*[Zilla Praja Parishad] in the manner prescribed; so
however that the number of offices of members of *[Zilla Praja Parishad] in the
State reserved for Backward Classes shall not be less than thirty-four per cent
of the total number of offices of the members of *[Zilla Praja Parishad] in the
State. The number of seats allocated to each *[Zilla Praja Parishad] shall be
allotted by rotation to different territorial constituencies in the *[Zilla Praja
Parishads].]

(2) Nothing in [4][sub-sections(1) and (1A)] shall be deemed to prevent
women and members of the Scheduled Castes, Scheduled Tribes or Backward
Classes from standing for election to the non-reserved seats in the *[Zilla Praja
Parishad].

**181. Election of *[Chairperson] and *[Vice-Chairperson] - (1) For every *[Zilla**
Praja Parishad] there shall be one *[Chairperson] and one *[Vice-Chairperson]
who shall be [5][elected by and from among the elected members specified in
clause (i) of sub-section (3) of section 177 by show of hands duly obeying the
party whip given by such functionary of the recognised political party as may
be prescribed.]If at an election held for the purpose no *[Chairperson] or *[ViceChairperson] is elected fresh election shall be held. The names of the
*[Chairperson] and the *[Vice-Chairperson] so elected shall be published in the
prescribed manner:

Provided that if a Member of the Legislative Assembly of the State or of
either House of Parliament is elected to either of the said offices, he shall cease
to hold such office unless within fifteen days from the date of election to such
office he ceases to be Member of the Legislative Assembly of the State or of
either House of Parliament by resignation or otherwise.

6 [Provided further that a member voting under this sub-section in
disobedience of the party whip [7] [shall cease to hold office in the manner
prescribed] and the vacancy caused by such cessation shall be filled as a
casual vacancy.]

8 [(2) Out of the total number of offices of *[Chairperson] in the State, the
Commissioner shall, subject to such rules as may be prescribed, by notification
reserve,
(a) such number of offices to the members belonging to Scheduled Castes
and Scheduled Tribes as may be determined by him, subject to the condition

1. Omitted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.
2. Substituted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.
3. Inserted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.
4. Substituted by the Act No. 5 of 1995, S.9, w.e.f.30.12.1994.
5. Substituted by the Act No. 5 of 1995, S.10, w.e.f.30.12.1994.
6. Added by the Act No. 5 of 1995, S.10, w.e.f.30.12.1994.
7. Substituted by the Act No. 22 of 2006, S.8.
8. For sub-setions (2) and (3) the new sub-section (2) substitited by the Act No. 5 of 1995, s.10, w.e.f. 30.12.1994.


-----

that the number of offices so reserved shall bear, as nearly as may be, the
same proportion to the total number of offices to be filled in the State as the
population of the Scheduled Castes or as the case may be, the Scheduled
Tribes in the State bears to the total population of the State and such offices
may be allotted by rotation to different *[Zilla Praja Parishad] in the State in the
manner prescribed;

(b) thirty four per cent of the total number of such offices of Chairmen in
the State for Backward Classes; and such offices may be allotted by rotation to
different *[Zilla Praja Parishads] in the State in the manner prescribed;

(c) not less than one-third of the total number of offices reserved under
clauses (a) and(b) for women belonging to the Scheduled Castes, Scheduled
Tribes, or as the case may be the backward classes; and

(d) not less than one-third (including the number of offices reserved for women
belonging to Scheduled Castes, Scheduled Tribes and the backward classes) of
the total number of offices to be filled in the State for women and such offices
may be allotted by rotation to different *[Zilla Praja Parishads]in the State in
the manner prescribed.]

(4) The first meeting of the *[Zilla Praja Parishad] to elect a *[Chairperson]
and *[Vice-Chairperson] shall be called as soon as may be, after the results of
the ordinary elections to the office of elected members of the *[Zilla Praja
Parishad] have been published. The notice of the date and time of the meeting
for the election of *[Chairperson] and *[Vice-Chairperson] shall be given to the
elected members in the prescribed manner:

Provided that if, for any reason, the election of the *[Chairperson] or
*[Vice-Chairperson] is not held on the date fixed as aforesaid, the meeting for
the election of the *[Chairperson] and *[Vice-Chairperson] shall be held on the
next day, whether or not it is a holiday observed by the *[Zilla Praja Parishad].

(5) Every *[Chairperson] or *[Vice-Chairperson] shall cease to hold office
on cessation as an elected member.

(6) Save as otherwise expressly provided in, or prescribed under this Act,
the term of office of the *[Chairperson] or *[Vice-Chairperson] who is elected at
an ordinary election shall be five years from the date appointed by the State
Election Commissioner for the first meeting of the *[Zilla Praja Parishad] after
the ordinary election.

(7) Any casual vacancy in the office of the *[Chairperson] or *[ViceChairperson] shall be filled within a period of six months from the date of
occurrence of the vacancy by a fresh election under sub-section (4) and a
person elected as *[Chairperson] or *[Vice-Chairperson] in any such vacancy
shall hold office only so long as the person in whose place he is elected would
have been entitled to hold office if the vacancy had not occurred.

1[181A. Resolution of disputes relating to cessation for disobedience of
**party whip - Where a member against whom a proceeding that he ceased to**
hold office as a consequence of the disobedience of the party whip is issued in
pursuance of the second proviso to sub-section (1) of section 181 and the
affected member disputes the correctness of the proceedings, he may apply to
the District Court having jurisdiction over the area in which the office of
the *[Zilla Praja Parishad] is situated, for a decision.]

**182. Term of office of a member of a *[Zilla Praja Parishad] - Save as**
otherwise provided in this Act,
(i) an ex-officio member of the *[Zilla Praja Parishad] shall
hold office so long as he continues to hold the office by
virtue of which he became such ex-officio member;

(ii) a member elected at an ordinary election or a co-opted
member shall hold office for a term of five years from the

1. Inserted by the Act No. 22 of 2006, S.9.


-----

date appointed by the *[Andhra Pradesh Election
Commission for Local Bodies] for the first meeting of
the *[Zilla Praja Parishad] after the said ordinary election.

**183. Qualification of candidates for election - No person shall be eligible for**
election as member of a *[Zilla Praja Parishad] unless his name appears in the
electoral rolls of the *[Zilla Praja Parishad] concerned and he has completed the
age of twentyone years.

**184. Disqualifications - (1) A member of the *[Zilla Praja Parishad] shall be**
disqualified for election as *[Chairperson] or *[Vice-Chairperson] if he is in
arrears of any duties, otherwise than in a fiduciary capacity to any *[Mandal
Praja Parishad] in the District or the *[Zilla Praja Parishad] or if he is interested
in a subsisting contract made with or any work being done for any *[Mandal
Praja Parishad] in the District or the *[Zilla Praja Parishad]:

Provided that a person shall not be deemed to have any interest in such
contract or work by reason only of his having a share or interest in 
(i) a company as a mere shareholder but not as a director; or

(ii) any lease, sale or purchase of immovable property or any
agreement for the same; or

(iii) any agreement for the loan of money or any security for
the payment of money only;or

(iv) any newspaper in which any advertisement relating to
the affairs of any of the aforesaid *[Mandal Praja
Parishad] or *[Zilla Praja Parishad] is inserted.

(2) The provisions of [1][sections 18, 19, 19A, 19B, 20, 21 and 22] shall
apply to a member of the *[Zilla Praja Parishad] as they apply to a member of
the gram panchayat subject to the variations that the expressions, "gram
panchayat," "executive authority", "Sarpanch", "Upa-Sarpanch"and “District
Panchayat Officer”,the expressions “*[Zilla Praja Parishad]”, “Chief *[Executive
Authority]”, ”*[Chairperson]”, “*[Vice-Chairperson] and “Chief *[Executive
Authority]” shall respectively be substituted:

Provided that nothing in clause (b) of section 20 shall apply to a member
of the *[Zilla Praja Parishad] specified in clauses (ii) to (iv) of sub-section (3) of
section 177.

**185. Resignation of *[Chairperson], *[Vice-Chairperson] or member - The**
*[Chairperson], the *[Vice-Chairperson], an elected member or co-opted
member may resign his office in such manner as may be prescribed.

**186. Appointment of Chief *[Executive Authority] and his powers and**
**functions - (1) There shall be Chief *[Executive Authority] for every *[Zilla Praja**
Parishad] who shall be appointed by the Government.

(2) Every Chief *[Executive Authority] shall be liable to be transferred by
the Government.

(3) Save as otherwise expressly provided by or under this Act, the
executive power for the purpose of carrying out the provisions of this Act, shall
vest in the Chief *[Executive Authority] who shall,
(a) exercise all the powers and perform all the functions specially
conferred or imposed upon him by or under this Act, or under any
other law for the time being in force; and

(b) lay down the duties of all officers and servants of, or holding
office under *[Zilla Praja Parishad] in accordance with the rules
made by the Government.

(4) Subject to the provisions of this Act, and the rules made thereunder,
the Chief *[Executive Authority], 
1. Substituted by the Act No. 22 of 2006, S.10.


-----

(a) shall be entitled to 
(i) attend the meeting of the *[Zilla Praja Parishad] or any of
its Standing Committees (including any meeting of
the *[Mandal Praja Parishad]) and take part in the
discussions thereat but shall not be entitled to vote or to
move any resolution;

(ii) call for any information, return, statement of account or
report from any officer or servant of, or holding office under
the *[Zilla Praja Parishad] or a *[Mandal Praja Parishad].

(b) shall exercise supervision and control over the acts of the
officers and servants holding office under the *[Zilla Praja
Parishad] or the institutions thereunder in matters of executive
administration and those relating to accounts and records of
the *[Zilla Praja Parishad] or the institutions thereunder;

(c) shall have the custody of all papers and documents connected
with the proceedings of the *[Zilla Praja Parishad] and of its
Standing Committees;

(d)shall be responsible for implementing the resolutions of
the *[Zilla Praja Parishad] and of the Standing Committees thereof;

(e)shall supervise and control the execution of all activities of
the *[Zilla Praja Parishad];

(f)shall take necessary measures for the speedy execution of all
works and development schemes of the *[Zilla Praja Parishad];

(g) shall have the power to enter upon and inspect any work,
scheme or institution under the management of the *[Zilla Praja
Parishad];

(h) shall have the power to enter upon and inspect any work,
scheme or institution under the management of a *[Mandal Praja
Parishad] if the *[Zilla Praja Parishad]or any of its Standing
Committees so direct;

(i) shall be the competent authority to enter into agreements and to
sign and execute them in the name and on behalf of the *[Zilla
Praja Parishad] from time to time;

(j) shall implement such specific directions issued by the *[Zilla
Praja Parishad] as it may think fit regarding the performance by
him of any of the functions assigned to him under the act:

Provided that such directions are in conformity with the
terms and conditions governing planning, community development
and other development activities entrusted by the Government or
any other authority;

(k) shall immediately execute the orders passed by the Government
in exercise of the powers conferred by the Act and rules made
thereunder or any other law for the time being in force and shall
forthwith send a compliance report to the Government and place a
copy thereof before the *[Chairperson] and *[Vice-Chairperson];

(l) shall exercise such other powers and perform such other
functions as may be prescribed.

(5) The Chief *[Executive Authority] shall, with the approval of, or on the
direction of the *[Chairperson] convene the meetings of the *[Zilla Praja
Parishad] so that at least one meeting of the *[Zilla Praja Parishad]is held every
month and if the Chief *[Executive Authority] fails to discharge that duty, with
the result that no meeting of the *[Zilla Praja Parishad] is held within a period
of ninety days from the last meeting, he shall be liable to disciplinary action
under the relevant rules:


-----

Provided that where the *[Chairperson] fails to give his approval for
convening the meeting so as to hold a meeting within the period of ninety days
aforesaid the Chief *[Executive Authority] may himself convene the meeting in
the manner prescribed.

(6) Subject to the provisions of Section 195 the staff borne on the
establishment of the *[Zilla Praja Parishad] and the staff working in institutions
and schemes transferred by the Government or the Head of Department of
Government to the *[Zilla Praja Parishad] shall be under the administrative
control and supervision of the Chief *[Executive Authority].

(7) The Government shall pay out of the Consolidated Fund of the State,
the salaries, allowances, leave allowances, pension and contributions, if any,
towards the provident fund or provident fund-cum-pension fund of the Chief
*[Executive Authority] appointed under sub-section (1).

(8) The Government shall have power to make rules to regulate the
classification and methods of recruitment, conditions of service, pay and
allowances and disciplinary conduct of the Chief *[Executive Authority]
appointed under sub-section (1).

**187. Standing Committees of a *[Zilla Praja Parishad]- (1) For every *[Zilla**
Praja Parishad] there shall be constituted the following standing Committees,
the subjects assigned to each such standing committee being those specified
against it, namely:
(i) STANDING COMMITTEE FOR PLANNING AND FINANCE:
District Plan, budget, taxation, finance and coordination of
the work relating to other committees.

(ii) STANDING COMMITTEE FOR RURAL DEVELOPMENT:
Poverty Alleviation Programme, Area Development
Programmes, employment, housing, cooperation, thrift and
small savings, Industries including cottage, village and small
scale industries, trusts and statistics.

(iii) STANDING COMMITTEE FOR AGRICULTURE:
Agriculture, Animal Husbandry, soil reclamation including
contour bunding, social forestry, fisheries and sericulture.

(iv) STANDING COMMITTEE FOR EDUCATION AND
MEDICAL SERVICES: Education including Social Education,
medical services, public health and sanitation including
drainage, relief for distress in grave emergencies.

(v) STANDING COMMITTEE FOR WOMEN WELFARE:
Development of Women and welfare of children.

(vi) STANDING COMMITTEE FOR SOCIAL WELFARE: Social
Welfare of Scheduled Caste, Scheduled Tribes and Backward
Classes and cultural affairs.

(vii) STANDING COMMITTEE FOR WORKS:
Communications, rural water supply, power and irrigations.

(2) Every standing Committee shall consist of the *[Chairperson] of
the *[Zilla Praja Parishad] who shall be ex-officio member and such other
members [1][as may be elected from among the members of the *[Zilla Praja
Parishad]] in accordance with the rules made in that behalf.

(3) The *[Vice-Chairperson] shall be the ex-officio Member and
*[Chairperson] of the Standing Committee for Agriculture, two offices of the
*[Chairperson] of the Standing Comittees shall be filled by nomination by the
*[Chairperson] of the *[Zilla Praja Parishad] from among the women members
of the *[Zilla Praja Parishad] in the manner prescribed and the*[Chairperson]of

1. Substituted by the Act No. 5 of 1995, S.11, w.e.f. 30.12.1994.


-----

the *[Zilla Praja Parishad] shall be the *[Chairperson] of the rest of the four
offices of the *[Chairperson] of the Standing Committees.

(4) The powers and functions of the Standing Committee, the permanent
invitees to it and other incidental and consequential matters shall be such as
may be prescribed.

(5) The District Collector shall have right to participate in the meetings of
all Standing Committees without voting rights.

(6) The decisions of the Standing Committees shall be subject to
ratification by the general body of the *[Zilla Praja Parishad] which shall have
the power to approve, modify, rescind or reverse them.

**188. Permanent invitees to *[Zilla Praja Parishad]- (1) The following shall be**
the permanent invitees to the meetings of the *[Zilla Praja Parishad]:

(i) The *[Chairperson], District Cooperative Marketing Society;

(ii) The *[Chairperson], Zilla Grandhalaya Samstha;

(iii) The *[Chairperson], District Cooperative Central Bank;

(iv) The District Collector;

(v) All Presidents of *[Mandal Praja Parishads] in the District.

(2) The permanent invitees shall be entitled to participate in the meetings
of the *[Zilla Praja Parishad] without right to vote.

**189. Special invitees -(1) The *[Chairperson] or *[Vice-Chairperson] of a *[Zilla**
Praja Parishad] or the *[Chairperson] of a Standing Committee thereof may, for
purposes of consultation, invite any person other than an office bearer of any
political party having experience and specialised knowledge of any subject
under its consideration to attend its meeting. Such persons shall have the right
to speak in and otherwise to take part in the proceedings of such meeting, but
shall not, by virtue of this section, be entitled to vote at any such meeting.

(2) A person attending a meeting under sub-section (1) shall be entitled
to such allowances as may be prescribed.

**190. Rules for conduct of business at meetings - Every *[Zilla Praja**
Parishad] or a Standing Committee thereof shall in regard to the conduct of
business at its meetings follow such rules as may be prescribed.

**191. Power of *[Zilla Praja Parishad] or its Standing Committee to call for**
**documents from Chief *[Executive Authority] - A *[Zilla Praja Parishad] or a**
Standing Committee thereof may, at any time require the Chief *[Executive
Authority] to furnish any document in his custody and he shall comply with
every such requisition.

**192. Powers and functions of the *[Zilla Praja Parishad] - (1) Every *[Zilla**
Praja Parishad] shall exercise such powers and perform such functions as may
be entrusted to it by rules made in this behalf with regard to the subjects
enumerated in the First Schedule. The *[Zilla Praja Parishad] shall also have
the power to,
(i) examine and approve the budgets of *[Mandal Praja
Parishads] in the district;

(ii) distribute the funds allotted to the district by the Central
or State Government among the *[Mandal Praja
Parishads] and Mandals in the district for which *[Mandal
Praja Parishad] are not constituted;

(iii) co-ordinate and consolidate the plans prepared in
respect of the Mandals in the district and prepare plans in
respect of the entire district;

(iv) secure the execution of plans, projects, schemes or other
works either solely relating to the individual Mandals or
common to two or more Mandals in the district;


-----

(v) supervise generally the activities of the *[Mandal Praja
Parishads] in the district;

(vi) exercise and perform such of the powers and functions of
the District Board including the powers to levy any tax or
fees, as may be transferred to it under this Act;

(vii) exercise and perform such other powers and functions in
relation to any development programme as the Government
may by notification confer on or entrust to it;

(viii) advise Government on all matters relating to
development activities and maintenance of services in the
district, whether undertaken by local authorities or
Government;

(ix) advise Government on the allocation of work among gram
panchayats and *[Mandal Praja Parishads] and co-ordination
of work between the said bodies and among the various gram
panchayats themselves;

(x) advise Government on matters concerning the
implementation of any statutory or executive order specially
referred by the Government to the *[Zilla Praja Parishad];

(xi) collect such data as it deems necessary;

(xii) publish statistics or other information relating to the
activities of the local authorities;

(xiii) require any local authority to furnish information
regarding its activities;

(xiv) accept trusts relating exclusively to the furtherance of
any purpose for which its funds may be applied;

(xv) establish, maintain, or expand secondary, vocational
and industrial schools;

(xvi) borrow money for carrying out the purposes of this Act
with the previous approval of the Government and subject to
such terms and conditions as may be prescribed.

(2) The *[Zilla Praja Parishad] may, with the approval of the Government
levy contributions from the funds of the *[Mandal Praja Parishads] in the
district.

**193. Powers and functions of *[Chairperson] and *[Vice-Chairperson] of**
**the *[Zilla** **Praja** **Parishad] -** (1) The*[Chairperson] of *[Zilla Praja
Parishad] shall
(a) exercise administrative control over the Chief *[Executive
Authority] for the purposes of implementation of the resolutions of
the *[Zilla Praja Parishad] or any Standing Committee thereof;

(b) preside over and conduct the meetings of the *[Zilla Praja
Parishad];

(c) have full access to all records of the *[Zilla Praja Parishad].

(2) The *[Vice-Chairperson] shall exercise such powers and perform such
functions of the *[Chairperson] as the *[Chairperson] may, from time to time
delegate to him in writing.

(3) When the office of the *[Chairperson] is vacant, the *[ViceChairperson] of the *[Zilla Praja Parishad] shall exercise the powers and
perform the functions of the *[Chairperson] until a new *[Chairperson] is
elected.

(4) If the *[Chairperson] has been continuously absent from the district
for more than fifteen days or is incapacitated for more than fifteen days his


-----

powers and functions during such absence or incapacity shall devolve on the
Vice-*[Chairperson].

(5) When the office of the *[Chairperson] is vacant or the *[Chairperson]
has been continuously absent from the district for more than fifteen days or is
incapacitated for more than fifteen days and there is either a vacancy in the
office of the *[Vice-Chairperson] or the *[Vice-Chairperson] has been
continuously absent from the district for more than fifteen days or is
incapacitated for more than fifteen days, the powers and functions of the
*[Chairperson] shall devolve on a member of the *[Zilla Praja
Parishad] appointed by the Government. The member so appointed shall be
styled as the temporary *[Chairperson] and he shall exercise the powers and
perform the functions of the *[Chairperson] subject to such restrictions and
conditions as may be prescribed until a new *[Chairperson] or*[ViceChairperson] assumes office after his election, or until the *[Chairperson] or the
*[Vice-Chairperson] returns to the district or recovers from his incapacity as
the case may be.

(6) It shall be the duty of the *[Chairperson] or the person for the time
being exercising the powers and performing the functions of the *[Chairperson]
to convene the meetings of the *[Zilla Praja Parishad] so that at least one
meeting of the *[Zilla Praja Parishad] is held in every ninety days. If the
*[Chairperson] or such person fails to discharge that duty with the result that
no meeting is held within the said period of ninety days or within thirty days
following such period he shall with effect from the date of expiration of thirty
days aforesaid cease to be the *[Chairperson] or as the case may be cease to
exercise the powers and perform the functions of the *[Chairperson], unless
such cessation has otherwise occurred before that date, and for a period of one
year from that date he shall not be eligible to be elected as *[Chairperson] or to
exercise the powers and perform the functions of the *[Chairperson]:

Provided that in reckoning any such period of ninety days or the period
of thirty days following such period as the case may be referred to above any
public holiday shall be excluded.

(7) Where the District Collector is satisfied that the *[Chairperson] or the
person for the time being exercising the powers and performing the functions of
the *[Chairperson] has ex-facie ceased to be the *[Chairperson] or as the case
may be ceased to exercise the powers and functions of the *[Chairperson]
under sub-section (6) he shall forthwith intimate that fact by registered post to
the *[Chairperson] or such person.

**194. Rights of individual members to draw attention in respect of *[Zilla**
**Praja Parishad] works - Any member of a *[Zilla Praja Parishad] may draw the**
attention of the *[Chairperson] or Chief *[Executive Authority] of the *[Zilla
Praja Parishad] to any neglect in the execution of *[Zilla Praja Parishad] work to
any waste of parishad property or to the needs of any locality and may suggest
any improvement which may appear desirable.

**195.Officers and other employees of the *[Zilla Praja Parishad] - (1) The**
Government may, at any time create such posts of officers and other employees
of a *[Zilla Praja Parishad] as they may consider necessary for carrying out the
purposes of this Act.

(2) All appointments to the posts created under sub-section (1) and
transfer of the holders of such posts shall be made, subject to the provisions of
the Andhra Pradesh Public Employment (Regulation of Age of Superannuation)
Act, 1984 (Act 23 of 1984), the Andhra Pradesh (Regulation of Appointments to
Public Services and Rationalisation of Staff Pattern and Pay Structure) Act,
1994, (Act 2 of 1994), and such rules as may be made under the proviso to
article 309 of the Constitution.

(3) The Government shall pay, out of the Consolidated Fund of the State,
the salaries, allowances, leave allowances, pension and contributions, if any
towards the provident fund or of a pension cum-provident fund of the officers


-----

and other employees of a *[Zilla Praja Parishad] who hold any of the posts
referred to in sub-section (1).

(4) The classification and methods of recruitment, conditions of service,
pay and allowances and discipline and conduct of the officers and
otheremployees referred to in sub-section (1), shall be regulated in accordance
with the provisions of the Andhra Pradesh Public Employment (Regulation of
Age of Superannuation) Act, 1984 (Act 23 of 1984), the Andhra Pradesh
(Regulation of Appointments to Public Services and Rationalisation of Staff
Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be
made under the proviso to article 309 of the Constitution. Until the rules in
that behalf are so made, the law for the time being in force regulating the
recruitment and conditions of service, pay and allowances and discipline and
conduct, applicable to such holder shall continue to apply to such holder.

(5) The Government, may from time to time, by order give such directions
to any Parishad or any officer, authority or person thereof, as may appear to
them to be necessary for the purpose of giving effect to the provisions of this
section; and the *[Zilla Praja Parishad], officer, authority or person shall
comply with all such directions.

**196. Allowances for attending meeting of a *[Zilla Praja Parishad] or a**
**Standing Committee - (1) There shall be paid to the non-official members of**
a *[Zilla Praja Parishad] and a Standing Committee thereof such allowances as
may be prescribed for attending a meeting of the *[Zilla Praja Parishad] or such
committee.

(2) There shall be paid to the *[Chairperson] or *[Vice-Chairperson] of
the *[Zilla Praja Parishad] in respect of their/his tours on duty, whether within
or outside the district but not outside the State, such allowances as may be
prescribed.

**197. Funds of the *[Zilla Praja Parishad] - (1) All moneys received by**
the *[Zilla Praja Parishad] shall constitute a fund called the *[Zilla Praja
Parishad] Fund and shall be applied for the purposes specified in this Act and
for such other purposes and in such manner as may be prescribed.

(2) All moneys received by the *[Zilla Praja Parishad] shall be lodged in
the nearest Government Treasury.

1[Provided that the amounts received as funds under the Jawahar Rozgar
Yojana Employment Assurance Scheme or other Wage Employment Schemes
shall be lodged in nearby Nationalised Banks or Co-operative Banks or Post
Offices in such manner as may be prescribed.]

(3) All orders or cheques against the *[Zilla Praja Parishad] Fund shall be
signed by the Chief *[Executive Authority].

**198. Income and expenses of a *[Zilla Praja Parishad] - (1) The sources of**
income of *[Zilla Praja Parishad] shall consist of
(i) the Central or State Government funds allotted to
the *[Zilla Praja Parishad];

(ii) grants from all India bodies and institutions for the
development of cottage, village and small scale industries
and the like;

(iii) 2 [such share of the State taxes or fees as may be
prescribed;]

(iv) proceeds from taxes or fees which the *[Zilla Praja
Parishad] may, under any law, levy;

(v) income from endowments or trusts administered by
the *[Zilla Praja Parishad];

1. Added by the Act No. 16 of 1998, s.4, w.e.f.20.02.1998.
2. Substituted by the Act No.37 of 2001, S.6, w.e.f.23.08.2001.


-----

1 [(vi) donations and contributions from the *[Mandal Praja
Parishads] or from the public in any form;

(vii) such contributions as the *[Zilla Praja Parishad] may
levy from the *[Mandal Praja Parishad] with the previous
approval of the Government;

(viii) any other income from remunerative enterprises and
the like.]

(2) The Government shall also make an annual grant at the rate of two
rupees per person residing in the District calculated on the basis of the last
preceding census of which figures are available.

(3) The expenses of the *[Zilla Praja Parishad] shall include the salaries
and allowances of its officers and other employees, the allowances to be paid
under section 189 and section 196, any item of expenditure directed by the
Government for carrying out the purposes of this Act and such other expenses
as may be necessary for such purposes.

**199. The Budget of the *[Zilla Praja Parishad] - (1) The Chief *[Executive**
Authority] shall in each year, frame and place before the prescribed date, a
budget showing the probable receipts and expenditure during the following
year, and the *[Zilla Praja Parishad] shall sanction the budget, with such
modifications, if any, as it thinks fit.

(2) The budget so sanctioned shall be submitted to the Government by
the Chief *[Executive Authority] through the *[Chairperson] on or before such
date as may be fixed by the Government and if the Government are satisfied
that adequate provision has not been made therein or that it is otherwise
unsatisfactory for giving effect to the provisions of this Act, they shall have the
power to approve the budget with such modifications as they may consider
necessary to secure such provision.

(3) If, for any reason, the budget is not sanctioned by the *[Zilla Praja
Parishad] under sub-section (1) before the date referred to in sub-section (2),
the Chief *[Executive Authority] shall submit the budget to the Government
who shall thereupon approve the budget as it were submitted to them under
sub-section (2).

(4) If, in the course of a year, the *[Zilla Praja Parishad] finds it necessary
to make any alterations in the budget with regard its receipts or items of
expenditure a revised or supplemental budget may be framed, submitted and
sanctioned or approved as far as may be, in the manner provided in
sub-sections (1), (2) and (3).

**PART V**
**CONSTITUTION OF *[ANDHRA PRADESH ELECTION COMMISSION FOR**
**LOCAL BODIES] CONDUCT OF ELECTION: AND ELECTION OFFICERS**
**CHAPTER I**
**ELECTION COMMISSION AND CONDUCT OF ELECTIONS**

**200. Constitution of *[Andhra Pradesh Election Commission for Local**
**Bodies]- (1) There shall be constituted a *[Andhra Pradesh Election**
Commission for Local Bodies] for the superintendence, direction and control of
the preparation of electoral rolls for, and the conduct of elections to, all the
Panchayat Raj institutions governed by this Act.

(2) The said Election Commission shall consist of a *[Andhra Pradesh
Election Commissioner for Local Bodies]. The Governor on the recommendation
of the Government shall appoint a person who is holding or who has held an

1. Clause (vi) omitted and the exising clauses (vii) to (ix) are renumbered as clauses (vi) to (viii) by the Act No.37 of
2001, S.6, w.e.f.23.08.2001.


-----

office not less in rank than that of a Principal Secretary to Government as
*[Andhra Pradesh Election Commissioner for Local Bodies].

(3) The conditions of service and tenure of office of the *[Andhra Pradesh
Election Commissioner for Local Bodies] shall be such as the Governor may by
rule determine:

Provided that the *[Andhra Pradesh Election Commissioner for Local
Bodies] shall not be removed from his office except in like manner and on the
like grounds as a Judge of a High Court and the conditions of service of the
*[Andhra Pradesh Election Commissioner for Local Bodies] shall not be varied
to his disadvantage after his appointment.

**201.** **Powers** **and** **functions** **of** **the** ***[Andhra** **Pradesh** **Election**
**Commissioner for Local Bodies]- (1) All elections to the Panchayat Raj**
Institutions shall be held under the supervision and control of the *[Andhra
Pradesh Election Commission for Local Bodies] and for this purpose it shall
have power to give such directions as it may deem necessary to the
Commissioner, District Collector or any officer or servant of the Government
and the Panchayat Raj institutions so as to ensure efficient conduct of the
elections under this Act.

(2) The preparation of electoral rolls for the conduct of all elections under
the Act shall be done under the supervision and control of the *[Andhra
Pradesh Election Commission for Local Bodies].

(3) For the purpose of this section the Government shall provide the
*[Andhra Pradesh Election Commission for Local Bodies] with such staff as
may be necessary.

(4) On the request of the *[Andhra Pradesh Election Commission for
Local Bodies], the State Government shall place at the disposal of the
Commission such staff of the State Government, Gram Panchayats, *[Mandal
Praja Parishads] and *[Zilla Praja Parishads] for the purpose of conduct of
elections under this Act.

(5) The *[Andhra Pradesh Election Commissioner for Local Bodies] may,
subject to control and revision delegate his powers to such officers as he may
deem necessary.

1[201A. Schedule for Conduct of Election -(1) Following schedule shall be
followed for conduct of Gram Panchayat Elections:
1. Issue of Election Notification by the State Election Commission: Day 1
2. Issue of Election Notice and receipt of nominations by the Returning
Officer : Day 3
(whether or not it is a holiday)
3. Last Day for receipt of Nominations : Day 5
(whether or not it is a holiday)
4. Scrutiny of Nominations :Day6
(whether or not it is a holiday)
5. Appeal against rejection of Nomination before the Appellate Authority
:Day7
(whether or not it is a holiday)
6. Disposal of appeals by appellate authority : Day 8
7. Last day for withdrawal of candidatures : Day 9 up to 3 P.M.
(whether or not it is a holiday)
8. Publication of Final List of Contesting candidates   : Day 9 after 3 P.M.
(whether or not it is a holiday)
9. Conduct of Poll wherever necessary : Day 14
(whether or not it is a holiday)

1. Inserted by the Act No. 1 of 2021, S.9, w.e.f. 20.02.2020.


-----

10. Counting of Votes and Declaration of results              : Day 14
(whether or not it is a holiday)
(2) Following schedule shall be followed for conduct of MPTCs and
ZPTCs Elections:

1. Issue of Election Notification by the State Election Commission: Day 1

2. Issue of Election Notice and receipt of nominations by the Returning
Officer :Day3
(whether or not it is a holiday)

3. Last day for receipt of Nominations :Day 5
(whether or not it is a holiday)

4. Scrutiny of Nomination :Day6
(whether or not it is a holiday)

5. Appeal against Rejection of Nomination before the Appellate Authority
:Day 7
(Whether or not it is a holiday)

6. Disposal of appeals by appellate authority : Day 8

7. Last day for withdrawal of Candidatures       : Day 9 upto 3 PM.
(whether or not it is a holiday)

8. Publication of final list of contesting candidates : Day 9 after 3 P.M.
(whether or not it is a holiday)

9. Conduct of Poll wherever necessary : Day 16
(whether or not it is a holiday)

10. Counting of Votes and Declaration of results : On time and date
appointed by the State Election Commission.]

1 [ 2 [201B.] Voting Machines at elections - Notwithstanding anything
contained in this Act or the rules made thereunder, the giving and recording of
votes by voting machines in such manner as may be prescribed, may be
adopted in such Ward or Wards or Constituency or Constituencies as the State
Election Commission may, having regard to the circumstances of each case,
specify.
**_Explanation - For the purpose of this section, "Voting Machines" means_**
any machine or apparatus whether operated electronically or otherwise used
for giving or recording of votes and any reference to a ballot box or ballot paper
in this Act or the rules made thereunder shall, save as otherwise provided, be
construed as including a reference to such voting machine wherever such
voting machine is used at any election.]

1. Inserted by the Act No.26 of 2000, S.5, w.e.f.31.07.2000.
2. Renumbered by the Act No. 1 of 2021, S.9, w.e.f. 20.02.2020.


-----

1[202. Symbols for elections under the Act - The State Election Commission
shall by notification, specify the symbols that may be chosen by candidates
contesting any election under this Act and the restrictions to which their choice
shall be subject:

Provided that the State Election Commission shall not in the case of
elections to gram panchayats allot to any contesting candidate any symbol
reserved for a recognised political party or a registered political party but in the
case of elections to *[Mandal Praja Parishads] and *[Zilla Praja Parishads], the
State Election Commission shall allot symbols including the symbols reserved
for a recognised political party, or, as the case may be symbols if any, reserved
for a registered political party where any candidate is set up by such political
party.]

2[202A. Reservations to Backward Classes - For the purpose of reserving the
offices of Sarpanch, President and *[Chairperson] and members of the Gram
Panchayats, *[Mandal Praja Parishads] and *[Zilla Praja Parishads] to the
members belonging to the backward classes under this Act, the population
figures of the backward classes, gathered in the Socio-Economic Survey
conducted by the Andhra Pradesh Backward Classes Co-operative Finance
Corporation Limited, Hyderabad, shall be taken as the basis.]

3 [202B. Voter Identity Cards - With a view to preventing personation of
electors, provision may be made by rules made under this Act, for the
production before the Presiding Officer of a polling station by every such
elector, of his identity card before the delivery of a ballot paper or ballot papers
to him, if under the rules made in that behalf under the Registration of
Electors Rules, 1960 made under the Representation of the People Act, 1950
(Central Act 43 of 1950), electors of the Legislative Assembly Constituency or
Constituencies in which the Gram Panchayat, *[Mandal Praja
Parishad] Territorial Constituency or *[Zilla Praja Parishad] Territorial
Constituency, as the case may be, is situated, have been supplied with identity
cards with or without their respective photographs attached thereto.]

**203. Reservation of offices** **[4]** **[to cease on the expiration of the period**
**specified in Article 334] - The provisions of this Act relating to reservation of**
offices of Sarpanch, President and *[Chairperson] and members of the Gram
Panchayats, *[Mandal Praja Parishads] and *[Zilla Praja Parishads] for the
Scheduled Castes and Scheduled Tribes [5][shall cease to have effect on the
expiration of the period specified in Article 334 of the Constitution of India].

**204.** **Injunctions** **not** **to** **be** **granted** **in** **election** **proceedings -**
Notwithstanding anything in the Code of Civil Procedure, 1908 (Central Act 5 of
1908), or in any other law for the time being in force, no court shall grant any
permanent or temporary injunction or make any interim order restraining any
proceeding which is being or about to be taken under this Act for the
preparation or publication of any electoral roll or for the conduct of any
election.

**205. Requisitioning of premises for election purposes - (1) If it appears to**
the *[Andhra Pradesh Election Commissioner for Local Bodies] that in
connection with any election held under this Act, 
(a) any premises are needed for or likely to be needed for the
purpose of being used as a polling station or for the storage of
ballot boxes after a poll has been taken, or

(b) any vehicle is needed or is likely to be needed for the purpose of
transport of personnel or ballot boxes to or from any polling

1. Substituted by the Act No. 22 of 2006, S.11.
2. Inserted by the Act No. 5 of 1995, S.13, w.e.f. 30.12.1994.
3. Inserted by the Act No. 22 of 2006, S.12.
4. Substituted by the Act No. 7 of 2000, S.2.
5. Substituted by the Act No. 7 of 2000, S.2.


-----

station, or transport of members of the police force for maintaining
order during the conduct of such election, or transport of any
officer or other person for performance of any duties in connection
with such election, the *[Andhra Pradesh Election Commissioner
for Local Bodies] may, by order in writing, requisition such
premises or such vehicle, as the case may be, and may make such
further orders as may appear to him to be necessary or expedient,
in connection with the requisitioning:

Provided that no vehicle which is being lawfully used by a
candidate or his agent for any purpose, connected with election of
such candidate shall be requisitioned under this sub-section until
the completion of the poll at such election.

(2) The requisition shall be effected by an order in writing addressed to
the person deemed by the *[Andhra Pradesh Election Commissioner for Local
Bodies] to be the owner or person in possession of the property and such order
shall be served in the prescribed manner on the person to whom it is
addressed.

(3) Whenever any premises is requisitioned under sub-section (1), the
period of such requisition shall not extend beyond the period for which such
property is required for any of the purposes mentioned in that sub-section.

**Explanation: -** For purposes of this section 'premises' means any land,
building or part of a building and includes a hut, shed or other structure or
any part thereof and 'vehicle' means any vehicleused or capable of being used
for the purpose of road transport, whether propelled by mechanical power or
otherwise.

**206. Payment of compensation - (1) Whenever in pursuance of section 205,**
the *[Andhra Pradesh Election Commissioner for Local Bodies] requisitions any
premises, there shall be paid to the person interested compensation the
amount of which shall be determined by taking into consideration the
following, namely:
(i) the rent payable, in respect of the premises or if no rent is
so payable, the rent payable for similar premises in the
locality;

(ii) if in consequence of the requisition of the premises the
person interested is compelled to change his residence or
place of business, the reasonable expenses, if any incidental
to such change:

Provided that where any person interested being
aggrieved by the amount of compensation so determined
makes an application within the prescribed time to the
*[Andhra Pradesh Election Commissioner for Local Bodies]
for referring the matter to an arbitrator, the amount of
compensation to be paid shall be such as the arbitrator
appointed in this behalf by the *[Andhra Pradesh Election
Commissioner for Local Bodies] may determine:

Provided further that where there is any dispute as to
the title to receive the compensation or as to the
apportionment of the amount of compensation, it shall be
referred by the *[Andhra Pradesh Election Commissioner for
Local Bodies] to an arbitrator appointed in this behalf by the
said Commissioner for determination, and shall be
determined in accordance with the decision of such
arbitrator.

**Explanation:- In this sub-section, the expression "person interested" means**
the person who was in actual possession of the premises requisitioned under
section 205 immediately before the requisition or where no person was in such
actual possession, the owner of such premises.


-----

(2) Whenever in pursuance of section 205, the *[Andhra Pradesh Election
Commissioner for Local Bodies] requisitions any vehicle, there shall be paid to
the owner thereof compensation the amount of which shall be determined by
the *[Andhra Pradesh Election Commissioner for Local Bodies] on the basis of
the fares or rates prevailing in the locality for the hire of such vehicle:

Provided that where the owner of such vehicle, being aggrieved by the
amount of compensation so determined, makes an application within the
prescribed time to the *[Andhra Pradesh Election Commissioner for Local
Bodies] for referring the matter to an arbitrator, the amount of compensation to
be paid shall be such as the arbitrator appointed in this behalf by the *[Andhra
Pradesh Election Commissioner for Local Bodies] may determine:

Provided further that where immediately before the requisitioning, the
Vehicle was by virtue of a hire purchase agreement, in the possession of a
person, other than the owner, the amount determined under this sub-section
as the total compensation payable in respect of the requisition shall be
apportioned between that person and the owner in such manner as they may
agree upon, and in default of agreement, in such manner as the arbitrator
appointed by the *[Andhra Pradesh Election Commissioner for Local Bodies] in
this behalf may decide.

**207. Power to obtain information - The *[Andhra Pradesh Election**
Commissioner for Local Bodies] may with a view to requisitioning any property
under section 205 or determining the compensation payable under section 206
by order, require any person to furnish to such authority as may be specified in
the order, such information in his possession relating to such property as may
be specified.

**208. Eviction from requisitioned premises - (1) Any person remaining in**
possession of any requisitioned premises in contravention of any order made
under section 205 may summarily be evicted from the premises by an officer
empowered by the *[Andhra Pradesh Election Commissioner for Local Bodies]
in this behalf.

(2) Any officer so empowered may, after giving to any woman not
appearing in public, reasonable warning and facility to withdraw, remove or
open any lock or bolt or break open any door of any building or do any other
act necessary for effecting such eviction.

**209. Penalty for contravention of any order regarding requisitioning - If**
any person contravenes any order made under section 205 or section 207 he
shall be punishable with imprisonment for a term which may extend to one
year or with fine or with both.

**210. Electoral officers and staff etc., deemed to be on deputation - (1) Any**
officer or staff employed in connection with the preparation, revision and
correction of the electoral rolls for, and the conduct of all elections shall be
deemed to be on deputation to the *[Andhra Pradesh Election Commission for
Local Bodies] for the period during which they are employed and such officers
and staff shall during that period, be subject to the control, superintendence
and discipline of the *[Andhra Pradesh Election Commission for Local Bodies].

(2) The Returning Officer, Assistant Returning Officer, Presiding Officer,
Polling Officer and any other officer appointed under this Act, and any police
officer designated for the time being by the State Government for the conduct of
any elections shall be deemed to be on deputation to the *[Andhra Pradesh
Election Commission for Local Bodies] for the period commencing on and from
the date of notification calling for such elections and ending with the date of
declaration of the results of such elections and such officer shall, during that
period, be subject to the control, superintendence and discipline of the
*[Andhra Pradesh Election Commission for Local Bodies].


-----

**CHAPTER - II**
**ELECTION OFFENCES**

**211. Corrupt practices - The following shall be deemed to be corrupt practices**
for the purposes of this Act:
(1) Bribery, that is to say,
(A) any gift, offer or promise by a candidate or his agent or by any
other person with the consent of a candidate or his election agent, of
any gratification, to any person whomsoever, with the object, directly
or indirectly of inducing, 
(a) a person to stand or not to stand as or to withdraw or not to
withdraw from being a candidate at an election, or

(b) an elector to vote or refrain from voting at an election, or as a
reward to,
(i) a person for having so stood or not stood, or for having
withdrawn or not having withdrawn his candidature; or

(ii) an elector for having voted or refrained from voting.

(B) the receipt of or agreement to receive, any gratification, whether as
a motive or a reward
(a) by a person for standing or not standing as or for
withdrawing or not withdrawing from being a candidate, or

(b) by any person whomsoever for himself or any other
person for voting or refraining from voting or inducing or
attempting to induce any elector to vote or refrain from
voting, or any candidate to withdraw or not to withdraw his
candidature.

**_Explanation - For the purpose of this clause the term "gratification" is_**
not restricted to pecuniary gratification or gratifications estimable in money
and it includes all forms of entertainment and all forms of employment for
reward but it does not include the payment of any expenses bonafide incurred
at, or for the purpose of any election and duly entered in the account of
election expenses.

1[Explanation 2 -for purpose of this clause the term corrupt practices
shall include any such practices, detected even after election process is over.]

(2) Undue influence, that is to say, any direct or indirect interference or
attempt to interfere on the part of the candidate or his agent, or of any other
person with the consent of the candidate or his election agent with the free
exercise of any electoral right:

Provided that
(a) without prejudice to the generality of the provisions of this
clause any such person as is referred to thereon, who
(i) threatens any candidate or any elector or any person in
whom a candidate or an elector is interested, with injury of
any kind including social ostracism and ex-communication
or expulsion from any caste or community; or

(ii) induces or attempts to induce a candidate or an elector to
believe that he, or any person in whom he is interested will
become or will be rendered an object of divine displeasure or
spiritual censure, shall be deemed to interfere with the free
exercise of the electoral right of such candidate or elector
within the meaning of this clause;

1. Added by the Act No. 1 of 2021, S.10, w.e.f. 20.02.2020.


-----

(b) a declaration of public policy, or a promise of public action, or
the mere exercise of a legal right without intent to interfere with an
electoral right, shall not be deemed to be interference within the
meaning of this clause.

(3) The appeal by a candidate or his agent or by any other person with
the consent of a candidate or his election agent to vote or refrain from voting
for any person on the ground of his religion, race, caste community or language
or the use of, or appeal to religious symbols or the use of, or appeal to national
symbols such as the national flag or the national emblem, for the furtherance
of the prospects of the election of that candidate or for prejudicially affecting
the election of any candidate:

Provided that no symbol allotted under this Act to a candidate shall be
deemed to be a religious symbol or a national symbol for the purposes of this
clause.

(4) The promotion of, or attempt to promote feelings of enemity or hatred
between different classes of the citizens of India on grounds of religion, race,
caste, community, or language by a candidate, or his agent or any other person
with the consent of a candidate or his election agent for the furtherance of the
prospects of the election of that candidate or of prejudicially affecting the
election of any candidate.

1[(4A) The propagation of the practice or the commission of sati or its
glorification by a candidate or his agent or any other person with the consent of
the candidate or his election agent for the furtherance of the prospects of the
election of that candidate of for pre-judicially affecting the election of any
candidate.

**_Explanation - For the purpose of this clause, "sati" and "glorification" in_**
relation of sati shall have the meanings respectively assigned to them in the
Commission of Sati (Prevention) Act, 1987(Central Act 3 of 1987).]

(5) The publication by a candidate or his agent or by any other person,
with the consent of a candidate or his election agent or any statement of fact
which is false, and which he either believes to be false, or does not believe to be
true in relation to the personal character or conduct of any candidate or in
relation to the candidature, or withdrawal of any candidate, being a statement
reasonably calculated to prejudice the prospects of that candidate's election.

(6) The hiring or procuring whether, on payment or otherwise of any
vehicle or vessel by a candidate or his agent or by any other person with the
consent of a candidate or his election agent, or the use of such vehicle or vessel
for the free conveyance of any elector other than that the candidate himself the
members of his family or his agent to or from any polling station:

Provided that the hiring of a vehicle or vessel by an elector or by several
electors at their joint costs for the purpose of conveying him or them to and
from any such polling station or place fixed for the poll shall not be deemed to
be a corrupt practice under this clause if the vehicle or vessel so hired is a
vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel by
any elector at his own cost for the purpose of going to or coming from any such
polling station or place fixed for the poll shall not be deemed to be a corrupt
practice under this clause.

**Explanation:- In this clause, the expression "vehicle" means any vehicle used**
or capable of being used for the purpose of road transport, whether propelled
by mechanical power or otherwise and whether used for drawing other vehicles
or otherwise.

1. Inserted by the Act No.22 of 2006, S.13.


-----

1 [(6A) The incurring or authorising of expenses in contravention of
section 230A.]

(7) The obtaining or procuring or abetting or attempting to obtain or
procure by a candidate or his agent, or by any other person with the consent of
a candidate or his election agent, any assistance (other than the giving of vote)
for the furtherance of the prospects of that candidate's election, from any
person in the service of the State, Central Government, local authority or a
corporation owned or controlled by the State or Central Government:

Provided that where any person, in the service of the State or Central
Government or a local authority in the discharge or purported to discharge of
his official duty, makes any arrangements or provides any facilities or does any
other act or thing, for to or in relation to, any candidate or his agent or any
other person acting with the consent of the candidate or his election agent
(whether by reason of the office held by the candidate or for any other reason),
such arrangements, facilities or act or thing shall not be deemed to be
assistance for the furtherance of the prospects of that candidate's election.

**2[(8) Both capturing by a candidate or his agent or other person.]**

**_Explanation - (1) In this section the expression agent includes an election_**
agent, a polling agent, and any person who is held to have acted as an agent in
connection with election with the consent of the candidate.

(2) For the purpose of clause (7), a person shall be deemed to assist in
the furtherance of the prospects of a candidate's election if he acts as an
election agent of that candidate.

(3) For the purposes of clause (7) notwithstanding anything contained in
any other law, the publication in the Andhra Pradesh Gazette of the
appointment, resignation, termination of service, dismissal or removal from
service of a person in the service of the Government shall be conclusive proof 
(i) of such appointment, resignation, termination of service,
dismissal or removal from service, as the case may be; and

(ii) where the date of taking effect of such appointment,
resignation, termination of service, dismissal or removal from
service, as the case may be, is stated in such publication, also of
the fact that such person was appointed with effect from the said
date, or in the case of resignation, termination of service,
dismissal or removal from services, such person ceased to be in
such service with effect from the said date.

3[(4) For the purpose of sub-section (8), booth capturing shall have the
same meaning as in section 224.]

4[212. Punishment for corrupt practices - If any person is guilty of any such
corrupt practices as specified in section 211 or in connection with an election
he shall be punishable with imprisonment for a term which may extend to
three years (3) and with fine which may extend to Rs. 10,000/-(ten thousand
rupees).]

**213. Promoting enemity between classes in connection with election -**
Any person who in connection with an election under this Act promotes or
attempts to promote on grounds of religion, race, caste, community or
language, feelings of enemity or hatred, between different classes of the citizens
of India shall be punishable with imprisonment for a term which may extend to
three years and with fine which may extend to three thousand rupees.

1. Inserted by the Act No.26 of 2000, S.6, w.e.f 31.07.2000.
2. Inserted by the Act No.26 of 2000, S.6, w.e.f 31.07.2000.
3. Added by the Act No.26 of 2000, S.6, w.e.f 31.07.2000.
4. Substituted by the Act No.1 of 2021, S.11, w.e.f. 20.02.2020.


-----

1[214. Prohibition of public meetings before the date of poll– (1) No person
shall,
(a)convene, hold, attend, join or address any public meeting or procession in
connection with an election;

or

(b) display to the public any election matter by means of cinematography,
television or other similar apparatus; or

(c) propagate any election matter to the public by holding, or by
arranging the holding of, any musical concert or any theatrical performance or
any other entertainment or amusement with a view to attracting the members
of the public thereto, in any polling area during the period of forty-eight hours
prior to the hour fixed for the conclusion of the poll in the case of *[Mandal
Praja Parishads] and *[Zilla Praja Parishads] and forty four hours prior to the
hour fixed for the conclusion of the poll in the case of Gram Panchayats.

(2) Any person who contravenes the provisions of sub-section (1) shall be
punishable with imprisonment for a term which may extend to two years, or
with fine or with both.

(3) In this section, the expression "election matter" means any matter
intended or calculated to influence or affect the result of election.]

**215. Disturbance at election meetings - (1) Any person who at a public**
meeting to which this section applies acts or incites others to act in a
disorderly manner for the purpose of preventing the transaction of the business
for which the meeting was called together, shall be punishable 2 [with
imprisonment which may extend to six months or with fine which may extend
to two thousand rupees.]

3[(1-A) An offence punishable under sub-section (1) shall be congnizable;]

(2) This Section applies to any public meeting of a political character held
in any constituency between the date of the issue of notification under this Act
calling upon the constituency to elect a member or members or office bearers of
a local authority and the date on which such election is held.

(3) If any police officer reasonably suspects any person of committing an
offence under sub-section (1) he may, if requested to do by the *[Chairperson]
of the meeting require that person to declare to him immediately his name and
address and, if that person refuses or fails so to declare his name and address
or if the police officer reasonably suspects him of giving a false name or
address, the police officer may arrest him without warrant.

**216. Restrictions on the printing of pamphlets, posters etc., - (1) No**
person shall print or publish or cause to be printed or published, any election
pamphlet or poster which does not bear on its face the names and addresses of
the printer and the publisher thereof, six months or with fine which may
extend to two thousand rupees or with both.

**217. Maintenance of secrecy of voting - (1) Every Officer, clerk, agent or**
other person who performs any duty in connection with the recording or
counting of votes at an election shall maintain, and aid in maintaining, the
secrecy of the voting and shall not (except for some purpose authorised by or
under any law) communicate to any person any information calculated to
violate such secrecy.

1. Substituted by the Act No. 22 of 2006, S.15.
2. Substituted by the Act No. 22 of 2006, S.16.
3. Inserted by the the Act No. 22 of 2006, S.16.


-----

(2) Any person who contravenes provisions of sub-section (1) shall be
punishable with imprisonment for a term which may extend to three months or
with fine or with both.

**218. Officers etc, at elections not to act for candidates or to influence**
**voting - (1) No person who is a District Election Officer or a Returning Officer,**
or an assistant returning officer, or a presiding officer or polling officer at an
election, or an officer or clerk appointed by the returning officer or the
presiding officer to perform any duty in connection with an election shall in the
conduct or the management of the election do any act other than the giving of
vote for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force, shall
endeavour,
(a) to persuade any person to give his vote at an election, or

(b) to dissuade any person from giving his vote at an election, or

(c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes the provisions of sub-section (1) or subsection (2) shall be punishable with imprisonment which may extend to six
months or with fine or with both.

**219. Prohibition of canvassing in or near polling stations - (1) No person**
shall, on the date or dates on which a poll is taken at any polling station,
commit any of the following acts within the polling station or in any public or
private place within a distance of one hundred metres of the polling station,
namely:
(a) canvassing for votes; or

(b) soliciting the vote of any elector; or

(c) persuading any elector not to vote for any particular candidate; or

(d) persuading any elector not to vote at the election; or

(e)exhibiting any notice or signs (other than an official notice) relating
to the election.

(2) Any person who contravenes the provisions of sub-section (1) shall be
punished with fine which may extend to two hundred and fifty rupees.

**220. Penalty for disorderly conduct in or near polling stations - (1) No**
person shall, on the date or dates on which a poll is taken at any polling
station, 
(a) use or operate within or at the entrance of the polling station, or in
any public or private place in the neighbourhood thereof, any
apparatus for amplifying or reproducing the human voice, such as a
megaphone or a loudspeaker, or

(b) shout, or otherwise act in a disorderly manner within or at the
entrance of the polling station or in any public or private place in the
neighbourhood thereof, so as to cause annoyance to any person
visiting the polling station for the poll, or so as to interfere with the
work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or willfully aids or abets the
contravention of the provisions of sub-section (1) shall be punishable with
imprisonment which may extend to three months or with fine or with both.

(3) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under this
section, he may direct any police officer to arrest such person, and thereupon
the police officer shall arrest him.


-----

(4) Any police officer may take such steps, and use such force as may be
reasonably necessary for preventing any contravention of the provisions of subsection (1), and may seize any apparatus used for such contravention.

**221. Penalty for misconduct at the polling station - (1) Any person who**
during the hours fixed for the poll at any polling station misconducts himself or
fails to obey the lawful directions of the presiding officer may be removed from
the polling station by the presiding officer or by any police officer on duty or by
any person authorised in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as
to prevent any elector who is otherwise entitled to vote at a polling station from
having opportunity of voting at that station.

(3) If any person who has been so removed from polling station re-enters
the polling station without the permission of the presiding officer he shall be
punishable with imprisonment for a term which may extend to three months,
or with fine, or with both.

1[221A. Penalty for failure to observe procedure for voting - If an elector to
whom a ballot paper has been issued, refuses to observe the procedure
prescribed for voting, the ballot paper issued to him shall be liable for
cancellation.

**221B. Prohibition of going armed to or near a polling station - (1) No**
person other than a Police Officer and any other person appointed to maintain
peace and order, at a polling station who is on duty at the polling station, shall,
on a polling day, go armed with arms, as defined in the Arms Act, 1959(Centtal
Act 54 of 1959), of any kind within the neighbourhood of a polling station.

(2) If any person contravenes the provisions of sub-section (1), he shall
be punishable with imprisonment for a term which may extend to two years, or
with fine, or with both.

(3) An offence punishable under subsection (2) shall be cognizable.]

**222. Breaches of official duty in connection with elections - (1) If any**
person to whom this section applies is without reasonable cause guilty of any
act or omission in breach of his official duty, he shall be punishable with fine
which may extend to five hundred rupees.

(2) No suit or other legal proceedings shall lie against any such person
for damages in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the District Election
Officers, returning officers, assistant returning officers, presiding officers,
polling officers and any other person appointed to perform any duty in
connection with the receipt of nominations or withdrawal of candidatures, or
the recording or counting of votes at an election and the expression "official
duty" shall for the purposes of this section be construed accordingly but shall
not include duties imposed otherwise than by or under this Act.

**223. Penalty for Government servants etc., for acting as election agent,**
**polling agent, or counting agent - If any person in the service of the State or**
Central Government or a local authority or a Corporation owned or controlled
by the State or Central Government acts as an election agent or a polling agent
or counting agent of a candidate at an election he shall be punishable with
imprisonment for a term which may extend to three months, or with fine or
with both.

2[224. Offence of booth capturing - (1) Whoever commits an offence of booth
capturing shall be punishable with imprisonment for a term which shall not be

1. Inserted by the Act No. 22 of 2006, S.17.
2. Substituted by the Act No. 22 of 2006, S.18.


-----

less than one year but which may extend to three years and with fine, and
where such offence is committed by a person in the service of the Government,
he shall be punishable with imprisonment for a term which shall not be less
than three years but which may extend to five years and with fine.

**_Explanation - For the purposes of this sub-section and section 232A_**
"booth capturing" includes, among other things, all or any of the following
activities, namely:—

(a) seizure of a polling station or a place fixed for the poll by any person
or persons making polling authorities surrender the ballot papers or voting
machines and doing of any other act which affects the orderly conduct of
elections;

(b) taking possession of polling station or a place fixed for the poll by any
person or persons and allowing only his or their own supporters to exercise
their right to vote and prevent others from free exercise of their right to vote;

(c) coercing or intimidating or threatening directly or indirectly
threatening any elector and preventing him from going to the polling station or
a place fixed for the poll to cast his vote;

(d) seizure of a place for counting of votes by any person or persons,
making the counting authorities surrender the ballot papers or voting
machines and the doing of anything which affects the orderly counting of votes;

(e) doing by any person in the service of Government, of all or any of the
aforesaid activities or aiding or conniving at, any such activity in the
furtherance of the prospects of the election of a candidate.

(2) An offence punishable under sub-section (1) shall be cognizable.]

**225. Removal of ballot papers or ballot boxes from polling stations to be**
**an offence - (1) Any person who at any election fraudulently takes or attempts**
to take a ballot paper or ballot box out of polling station, or willfully aids or
abets the doing of any such act shall be punishable with imprisonment for a
term which may extend to five years and with fine which may extend upto five
thousand rupees.

(2) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under subsection (1), such officer may, before such person leaves the polling station
arrest or direct a police officer to arrest such person and such person may
cause him to be searched by a police officer:

Provided that when it is necessary to cause a woman to be searched the
search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be
made over for safe custody to a police officer by the presiding officer or when
the search is made by a police officer, shall be kept by such officer in safe
custody.

1[225-A. Liquor not to be sold given or distributed on polling day - (1) No
spirituous, fermented or intoxicating liquors or other substances of a like
nature shall be sold, given or distributed at a hotel, eating house, tavern, shop
or any other place, public or private, within a polling area during the period of
forty-eight hours prior to the hour fixed for the conclusion of the poll in the
case of *[Mandal Praja Parishads] and *[Zilla Praja Parishad] and forty four
hours prior to the conclusion of poll in the case of Gram Panchayats and also
on the counting day.

1. Inserted new sections 225A, 225B, 225C and 225D by the Act No. 22 of 2006, S.19.


-----

(2) Any person who contravenes the provisions of sub-section (1), shall be
punishable with imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand rupees, or with both.

(3) Where a person is convicted of an offence under this section, the
spirituous, fermented or intoxicating liquors or other substances of a like
nature found in his possession shall be liable to confiscation and the same
shall be disposed of in such manner as may be prescribed.

**225B. Adjournment of poll in emergencies - (1) If at an election the**
proceedings at any polling station are interrupted or obstructed by any riot or
open violence, or if at an election it is not possible to take the poll at any
polling station or such place on account of any natural calamity, or any other
sufficient cause, the Presiding Officer for such polling station shall announce
an adjournment of the poll to a date to be notified later, and he shall forthwith
inform the Returning Officer concerned.

(2) Whenever a poll is adjourned under sub-section (1), the Returning
Officer shall immediately report the circumstances to the District Election
Authority and the State Election Commission, and shall, as soon as may be,
with the previous approval of the State Election Commission, appoint the day
on which the poll shall recommence, and fix the hours during which, the poll
will be taken, and shall not count the votes cast at such election until such
adjourned poll shall have been completed.

(3) In every such case as aforesaid, the Returning Officer shall notify in
such manner as the State Election Commission may direct, the date and hours
of polling fixed under sub-section (2).

**225C. Fresh poll in the case of destruction etc., of ballot boxes - (1) If at**
any election, 
(a) any ballot box used at a polling station is unlawfully taken out of the
custody of the Presiding Officer or the Returning Officer, or is accidentally or
intentionally destroyed or lost or is damaged or tampered with, to such an
extent, that the result of the poll at that polling station cannot be ascertained;
or

(b) any voting machine develops a mechanical failure during the course
of the recording of votes; or

(c) any such error or irregularity in procedure as is likely to vitiate the
poll is committed at a polling station, the Returning Officer shall forthwith
report the matter to the State Election Commission.

(2) Thereupon the State Election Commission shall, after taking all
material circumstances into account; either
(a) declare the poll at that polling station to be void, appoint a day, and
fix the hours, for taking a fresh poll at that polling station and notify the day so
appointed and the hours so fixed in such manner as it may deem fit; or

(b) if satisfied that the result of a fresh poll at that polling station will
not, in any way, affect the result of the election or that the mechanical failure
of the voting machine or the error or irregularity in procedure is not material,
issue such directions to the Returning Officer as it may deem proper for the
further conduct and completion of the election.

(3) The provisions of this Act and of any rules or orders made thereunder
shall apply to every such fresh poll as they apply to the original poll.

**225D. Destruction, loss, etc., of ballot papers at the time of counting - (1)**
If any time before the counting of votes is completed any ballot papers used at
a polling station are unlawfully taken out of the custody of the Returning
Officer or are accidentally or intentionally destroyed or lost or are damaged or


-----

tampered with, to such an extent that the result of the poll at that polling
station cannot be ascertained, the Returning Officer shall forthwith report the
matter to the State Election Commission.

(2) Thereupon, the State Election Commission shall, after taking all
material circumstances into account, either,
(a) direct that the counting of votes shall be stopped, declare the poll at
that polling station to be void, appoint a day, and fix the hours, for taking a
fresh poll at that polling station and notify the date so appointed and hours so
fixed in such manner as it may deem fit; or

(b) if satisfied that the result of a fresh poll at that polling station will
not, in any way, affect the result of the election, issue such directions to the
Returning Officer as it may deem proper for the resumption and completion of
the counting and for the further conduct and completion of the election in
relation to which the votes have been counted.

(3) The provisions of this Act and of any rules or orders made thereunder
shall apply to every such fresh poll as they apply to the original poll.]

**226. Impersonation at elections - Whoever at an election applies for a ballot**
paper or votes in the name of any other person, whether living or dead or in a
fictitious name, or who having voted once at such election applies at the same
election for a ballot paper in his own name, and whoever abets, procures or
attempts to procure the voting by any person in any such way shall be
punished with imprisonment for a term which may extend to five years and
with fine which may extend to five thousand rupees.

**227. Other offences and penalties thereunder - (1) A person shall be guilty**
of an electoral offence if at any election he,
(a) fraudulently defaces or fraudulently destroys any nomination
paper; or

(b) fraudulently defaces or destroys or removes any list, notice or
other document affixed by or under the authority of a returning
officer; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or
the official mark of any ballot paper or any declaration or identity of
official envelope used in connection with voting by postal ballot; or

(d) without due authority supplies any ballot paper to any person or
receives any ballot paper from any person or is in possession of any
ballot paper; or

(e) fraudulently puts into any ballot box anything other than the
ballot paper which he is authorised by law to put in; or

(f) without due authority destroys, takes, opens or otherwise
interferes with any ballot box or ballot papers then in use for the
purposes of the election; or

(g) fraudulently or without due authority as the case may be,
attempts to do any of the foregoing acts or willfully aids or abets the
doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall,
(a) if he is a returning officer or an assistant returning officer or a
presiding officer at a polling station or any other officer or clerk
employed on official duty in connection with the election, be
punishable with imprisonment for a term which may extend to two
years or with fine or with both;

(b) if he is any other person, be punishable with imprisonment for a
term which may extend to six months or with fine or with both.


-----

(3) For the purposes of this section a person shall be deemed to be on
official duty if duty is to take part in the conduct of an election or part of an
election including the counting of votes or to be responsible after an election for
the used ballot papers and other documents in connection with such election,
but the expression "official duty" shall not include any duty imposed otherwise
than by or under this Act.

**228. Penalty for offences not otherwise provided for - Whoever does any act**
in contravention of any of the provisions of this Act, or of any rule, notification
or order made, issued or passed, thereunder and not otherwise provided for in
this Act shall, on conviction, be punished with imprisonment which may
extend to two years and with fine which may extend to two thousand rupees.

**229. Offences by companies - (1) Where an offence under this Act, has been**
committed by a company, every person who at the time the offence was
committed, was in charge of and was responsible to the company for the
conduct of the business of the company as well as the company shall be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:

Provided that nothing contained in this sub-section shall render any
such person liable to any punishment if he proves that the offence was
committed without his knowledge or that he had exercised all due diligence to
prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where any
offence under this Act has been committed by a company and it is proved that
offence has been committed with the consent or connivance or is attributable
to any neglect on the part of any director, manager, secretary or other officer of
the company, such director, manager, secretary or other official shall be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.

**Explanation:- For the purposes of this section, -**

(a) "company" means any body corporate and includes a firm or other
association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

1[CHAPTER IIA
**ELECTION EXPENSES**
**230. Application of Chapter –This Chapter shall apply to candidates of any**
election held under this Act.
**230A. Account of election expenses - (1) Every candidate, at any election**
held under this Act shall, either by himself, or by his election agent, keep a
separate and correct account of all expenditure incurred in connection with the
election, between the date on which the candidate concerned has been
nominated, and the date of declaration of the result of the election both dates
inclusive (herein after in this Chapter referred to as 'election expenses').
**_Explanation I - 'Election Expenses' for purpose of this Act shall mean_**
all expenses in connection with the election, (a) incurred, or authorised by the contesting candidate, or by his
election agent;
(b) incurred by any association, or body of persons, or by any
individual (other than the candidate or his election agent), aimed at promoting
or procuring the election of the candidate concerned; and
(c) incurred by any political party, by which the candidate is set
up, so as to promote or procure his election:

1. Substituted by the Act No.26 of 2000, S.7, w.e.f.31.07.2000.


-----

Provided that any expenses incurred by any political party as part of its
general propaganda,(which is distinguishable from its election campaign, for
the promotion or procuring the election of a particular candidate), by words,
either written or spoken, or by signs or visible representations, or by audio
visual devises, or through print or electronic media or otherwise, shall not
constitute 'election expenses' for purposes of this Act.
**_Explanation II - (1) For the removal of doubts, it is hereby declared that_**
any expenses incurred in respect of any arrangements made, facilities provided
or any other act, or thing done by any person in the service of the Government
and belonging to any of the classes mentioned in clause (7) of section 211 in
the discharge or purported discharge of his official duty as mentioned in the
proviso to that clause shall not be deemed to be expenses in connection with
the election incurred or authorised by a candidate or by his election agent for
the purposes of this sub-section.

(2) The account of election expenses shall contain such particulars, as
may, by order, be specified by the State Election Commission.

(3) The total of the said expenses shall not exceed such amount, as may,
by order, be specified by the State Election Commission.

**230B. Lodging of account with the District Election Authority - Every**
contesting candidate at an election shall, within forty five days from the date of
declaration of the result of the election, lodge with the District Election
Authority, an account of his election expenses, which shall be a true copy of
the account kept by him, or by his election agent, under section 230A.]

**CHAPTER III**
**MISCELLANEOUS ELECTION MATTERS VACATION OF SEATS AND**
**OFFICES**
**231. Adjournment of poll or countermanding of election on the ground of**
**booth capturing - (1) If at any election, -**

(a) booth capturing has taken place at a polling station or in such
number of polling stations as is likely to affect the result of such
election or that the result of the poll at that polling station cannot be
ascertained; or

(b) booth capturing takes place in any place for counting of votes in
such manner that the result of the counting at that place cannot be
ascertained, the returning officer shall forthwith report the matter to
the *[Andhra Pradesh Election Commissioner for Local Bodies].

(2) The *[Andhra Pradesh Election Commissioner for Local Bodies] shall
on the receipt of a report from the returning officer under sub-section (1) and
after taking all material circumstances into account, either,
(a) declare that the poll at that polling station be void, appoint a day,
and fix the hours, for taking fresh poll at that polling station and
notify the date so appointed and hours so fixed in such manner as he
may deem fit, or

(b) if satisfied that in view of the large number of polling stations
involved in booth capturing the result of the election is likely to be
affected or that booth capturing had affected counting of votes in
such manner as to effect the result of the election, countermand the
election in that constituency.


-----

**Explanation: In this section "booth capturing" shall have the same**
meaning as in section 224.

**232. Power to delegate - The *[Andhra Pradesh Election Commissioner for**
Local Bodies] may, subject to such conditions and restrictions as the
Government may, by general or special order, impose, by order in writing
delegate to any officer or authority subordinate to him, either generally or as
respects any particular matter or class of matters any of his powers under this
Act.

1[232A. Appointment of Observers - (1) The State Election Commission may
nominate an Observer who shall be an officer of Government to watch the
conduct of election or elections for such specified area or areas in the district
and to perform such other functions as may be entrusted to him by the
Commission in relation thereto.

(2) The Observer nominated under sub-section (1) shall have the power
to direct the Returning Officer for the or for any of the wards or constituencies
for which he has been nominated, to stop the counting of votes at any time
before the declaration of the result, or not to declare the result, if in the opinion
of the Observer, booth capturing has taken place at a large number of polling
stations or at counting centres or any ballot papers used at a polling station
are unlawfully taken out of the custody of the Returning Officer or are
accidentally or intentionally destroyed or lost or are damaged or tampered with,
to such an extent that the result of the poll at that polling station cannot be
ascertained.

(3) Where an Observer has directed the Returning Officer under this
section to stop counting of votes or not to declare the result, the Observer shall
forthwith report the matter to the Commission and thereupon the Commission
shall, after taking all material circumstances into account, issue appropriate
directions under section 225D or section 231 in the matter of declaration of
results.

(4) It shall be competent for the State Election Commission to appoint an
Election Expenditure Observer for a group of wards or constituencies or for a
Mandal or group of Mandals so as to ensure that the provisions of sections
230-A and 230-B are strictly adhered to and in that behalf the Commission
may issue such instructions as it deems fit, from time to time, to such
Observers.]

**233. Election petitions - No election held under this Act shall be called in**
question except by an election petition presented to such authority and in
accordance with such rules as may be made in this behalf.

**234. Prohibition of holding dual offices and vacation of seats - (1) No**
person shall be entitled to contest in the elections to the offices of member of
the Gram Panchayat from more than one ward or to the office of member of
the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] from more than one
territorial constituency.

(2) No person shall be a member of the Gram Panchayat, member of
the *[Mandal Praja Parishad] or *[Zilla Praja Parishad] simultaneously and if he
is so elected, he shall retain only one office and vacate the other office or offices
in the manner prescribed.

(3) Where a person is elected to more than one office of member of the
Gram Panchayat or *[Mandal Praja Parishad] or *[Zilla Praja Parishad] and
Sarpanch or President or *[Chairperson] he shall retain one office and vacate
the other office or offices in the manner prescribed except when his
continuance as member of the *[Mandal Praja Parishad] or Zilla Prishad is

1. Inserted by the Act No. 22 of 2006, S.20.


-----

necessary to continue as President or as the case may be the *[Chairperson]
thereof.

**PART VI**
**FINANCE COMMISSION**

**235. Constitution of Finance Commission - (1) The Governor shall on the**
recommendation of the State Government constitute a Finance Commission as
soon as may be within one year from the date of commencement of the
Constitution (Seventy-third) Amendment Act, 1992 and thereafter on the
expiration of every fifth year.

(2) The Finance Commission shall consist of a *[Chairperson] and four
other members of whom one shall be the Member Secretary. The Governor
shall by order appoint on the recommendation of the Government the
*[Chairperson] and other members of the Commission.

(3) The Government shall make available to the Finance Commission
such staff as may be necessary for the discharge of the functions conferred on
the Finance Commission.

**236. Qualifications for appointment as, and the manner of selection of,**
**members of the Commission - The *[Chairperson] of the Commission shall be**
selected from among persons who have had experience in public affairs and the
other members shall be selected from among persons who,
(a) have special knowledge of the finances and accounts of
Government; or

(b) have had wide experience in financial matters and in
administration; or

(c) have special knowledge of economics.

**237. Personal interest to disqualify members - Before appointing a person to**
be a member of the Commission, the Governor shall satisfy himself that the
person will have no such financial or other interest as is likely to affect
prejudicially his functions as a member of the Commission; and the Governor
shall also satisfy himself from time to time with respect to every member of the
Commission that he has no such interest and any person who is, or whom the
Governor proposes to appoint to be a member of the Commission shall,
whenever required by the Governor so to do, furnish to him such information
as the Governor considers necessary for the performance by him of his duties
under this section.

**238. Disqualifications for being a member of the Commission - A person**
shall be disqualified for being appointed as, or for being a member of the
Commission,
(a) if he is of unsound mind;

(b) if he is an undischarged insolvent;

(c) if he has been convicted of an offence involving moral turpitude;

(d) if he has such financial or other interest as is likely to affect
prejudicially his functions as a member of the Commission.

**239. Term of office of members and eligibility for reappointment - Every**
member of the Commission shall hold office for such period as may be specified
in the order of the Governor, appointing him, but shall be eligible for reappointment:

Provided that he may, by letter addressed to the Governor, resign his
office.


-----

**240. Conditions of service and salaries and allowances of members - The**
members of the Commission shall render whole-time or part-time service to the
Commission as the Governor in each case specify, and there shall be paid to
the members of the Commission such fees or salaries and such allowances as
the State Government may, by rules made in this behalf, determine.

**241. Functions of the Commission - (1) The Finance Commission shall**
review the financial position of the Gram Panchayats, *[Mandal Praja
Parishads] and *[Zilla Praja Parishad] and make recommendations to the
Government as to,
(a) the principles which should govern,
(i) the distribution between the State and the said Gram
Panchayats and Parishads of the net proceeds of the taxes,
duties, tolls and fees leviable by the State, which may be
divided between them and the allocation between the said
Gram Panchayats and Parishads at all levels of their
respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees
which may be assigned to or apportioned by, the said Gram
Panchayats and Parishads;

(iii) the Grant-in-aid to the said Gram Panchayats and
Parishads from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the said
Gram Panchayats and Parishads.

(2) The Government shall cause every recommendation made by the
Commission under this section together with an explanatory memorandum as
to the action taken thereon to be laid before the Legislature of the State.

**242. Procedure and powers of the Commission - (1) The Commission shall**
determine their procedure and in the performance of their functions shall have
all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central
Act 5 of 1908) while trying a suit in respect of the following matters, namely:
(a) summoning and enforcing the attendance of witnesses;

(b) requiring the production of any document;

(c) requisitioning any public record from any court or office.

(2) The Commission shall have power to require any person to furnish
information on such points or matters as in the opinion of the Commission
may be useful for, or relevant to, any matter under the consideration of the
Commission and any person so required shall, notwithstanding anything
contained in sub-section (2) of section 54 of the Indian Income-Tax Act, 1922
(Central Act 2 of 1922) or in any other law for the time being in force, be
deemed to be legally bound to furnish such information within the meaning of
section 176 of the Indian Penal Code (Central Act 45 of 1860).

(3) The Commission shall be deemed to be a Civil Court for the purposes
of sections 345 (1) and 346 of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974).

**Explanation:- For the purposes of enforcing the attendance of witnesses, the**
local limits of the Commission's jurisdiction shall be the limits of the territory
of the State of Andhra Pradesh.

1[PART VI-A

1.Inserted by the Act No. 7 of 1998, S.3.


-----

**SPECIAL PROVISIONS RELATING TO THE PANCHAYATS, *[MANDAL**
**PRAJA PARISHADS] AND *[ZILLA PRAJA PARISHAD] LOCATED IN THE**
**SCHEDULED AREAS**

**242A. Application of this Part - (1) The provisions of this Part shall apply to**
the Gram Panchayats, *[Mandal Praja Parishads]and *[Zilla Praja
Parishads] constituted in the Scheduled Areas in the State.

(2) The provisions of this Part shall prevail over anything inconsistent
therewith elsewhere in this Act.

**242B. Declaration of village in Scheduled Areas - For the purposes of**
section 3, a village shall ordinarily consist of a habitation or a group of
habitations or a hamlet or a group of hamlets thereof comprising a community
or communities and managing their affairs in accordance with traditions and
customs.

**242C. Functions of Gram Sabha - (1) Every Gram Sabha shall be competent**
to safeguard and preserve the traditions and customs of the people, their
cultural identity, community resources and without detriment to any law for
the time being in force, the customary mode of dispute resolution.

(2) Every Gram Sabha shall, 
(i) approve plans, programmes and projects for social and economic
development before such plans, programmes and projects are taken up for
implementation by the Gram Panchayat, at the village level;

(ii) be responsible for the identification of selection of persons as
beneficiaries under poverty alleviation and other programmes.

(3) Every Gram Panchayat shall obtain from the Gram Sabha a
certification of utilisation of funds by that Panchayat for the plans,
programmes and projects referred to in sub-section (2).

1[242D. Reservation of seats of members of Gram Panchayat, Mandal Praja
**Parishad and Zilla Praja Parishad and offices of Sarpanches of Gram**
**Panchayats and Presidents of Mandal Praja Parishads - The reservation of**
seats in the Scheduled Areas to every Gram Panchayat, Mandal Praja Parishad
and-Zilla Praia Parishad shall be in proportion to the population of the
communities in that Gram Panchayat or the Mandal Praja Parishad Territorial
Constituency (MPTC), Members or the Zilla Praja Parishad Territorial
Constituency (ZPTC) Members as the case may be:

Provided that the reservation for the Scheduled Tribes shall not be less
than one-half of the total number of seats of ward members and MPTC’s:

Provided further that all offices of Sarpanchas of Gram Panchayats and
Presidents of Mandal Praja Parishads and all seats of Zilla Praja Parishad
Territorial Constituencies shall be reserved for the Scheduled Tribes.]

**242E. Nomination of persons - The Government may nominate persons**
belonging to such Scheduled Tribes who have no representation in *[Mandal
Praja Parishads]:

Provided that such nomination shall not exceed one tenth of the total
members to be elected in that *[Mandal Praja Parishad].

**242F. Acquisition of land in the Scheduled Areas - The *[Mandal Praja**
Parishad] shall be consulted before making the acquisition of land in the
Scheduled Areas for development projects and before resettling or
rehabilitating persons evicted by such projects in the Scheduled Areas, the

1. Substituted by the Act No. 1 of 2021, S.12, w.e.f. 20.02.2020.


-----

actual planning and implementation of the projects in the Scheduled Areas
shall be coordinated at the State level.

**242G. Management of minor water bodies in the Scheduled Areas -**
Planning and management of minor water bodies in the Scheduled Areas shall
be entrusted to Gram Panchayats, *[Mandal Praja Parishads]or the *[Zilla Praja
Parishads], as the case may be, in such manner as may be prescribed.

**242H. Minor minerals in the Scheduled Areas - (1) The recommendations of**
the Gram Panchayat, made in such manner as may be prescribed, shall be
taken into consideration prior to grant of prospecting licence or mining lease,
for minor minerals in the Scheduled Areas.

(2) The prior recommendation of the Gram Panchayat, made in such
manner as may be prescribed, shall be taken into consideration for grant of
concession for the exploitation of minor minerals by auction.

**242I. Powers and functions of Gram Panchayats and *[Mandal Praja**
**Parishads] - (1) The Gram Panchayat or as the case may be, the Gram Sabha**
shall exercise such powers and perform such functions in such manner and to
such extent as may be prescribed in respect of the following matters, namely: 
(a) enforcement of prohibition or regulation or restriction of the sale
and consumption of any intoxicant;

(b) the ownership of minor forest produce;

(c) prevention of alienation of land in the Scheduled Areas and
restoration of any unlawfully alienated land of a Scheduled Tribe;

(d) management of village markets by whatever name called; and

(e) exercising control over money lending to the Scheduled Tribe;

(2) The *[Mandal Praja Parishad]shall exercise such powers and perform
such functions in such manner and to such extent as may be prescribed, in
respect of the following matters, namely:
(a) exercising control over institutions and functionaries in all social
Sectors; and

(b) control over local plans and resources for such plans including
tribal sub-plans.]

**PART VII**
**MISCELLANEOUS**

**243. Transfer of powers and functions of District Board to *[Mandal Praja**
**Parishad] and *[Zilla Praja Parishads]- (1) Notwithstanding anything in the**
relevant District Boards Act or any other law, the Government may, by
notification and subject to such control, restrictions, conditions and
reservations as may be specified therein, direct that any powers exercisable or
functions performable by a District Board by or under the relevant District
Boards Act or any other law for the time being in force including the powers to
levy any tax or fees, shall be transferred to a *[Mandal Praja Parishad] or
a *[Zilla Praja Parishad] and thereafter the *[Mandal Praja Parishad] or
the *[Zilla Praja Parishad] as the case may be, shall exercise and perform the
powers and functions transferred to it.

(2) When any powers and functions of the District Board are transferred
to a *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] under sub-section (1),
all references in the relevant District Boards Act or any other law for the time
being in force to the District Board with reference to such powers and functions


-----

shall be construed as references to the *[Mandal Praja Parishad] or the *[Zilla
Praja Parishad] as the case may be.

**244. Application of the relevant District Boards Act to *[Mandal Praja**
**Parishads] and *[Zilla Praja Parishad] - (1) The Government may, by**
notification, direct that such of the provisions of the relevant District Boards
Act, including the provisions relating to the levy and collection of any tax or fee
as may be specified in such notification, shall apply to the *[Mandal Praja
Parishad] and the *[Zilla Praja Parishad] constituted under this Act.

For the purpose of facilitating the application of these provisions to
the *[Mandal Praja Parishad] and *[Zilla Praja Parishad] constituted under this
Act, the Government may, by notification, make such adaptations and
modifications of the relevant District Boards Act and the rules made
thereunder whether by way of repealing, amending or suspending any
provision thereof, as may be necessary or expedient and thereupon the relevant
District Boards Act and the rules made thereunder shall have effect subject to
the adaptations and modifications so made.

(2) Notwithstanding that no provision or insufficient provision has been
made under sub-section (1) for the adaptations of the provisions of the relevant
District Boards Act, or the rules made thereunder, any court, tribunal or
authority required or empowered to enforce these provisions may, for the
purpose of facilitating their application to any *[Mandal Praja Parishad] or
the *[Zilla Praja Parishad] construe these provisions in such manner, without
affecting the substance, as may be necessary or proper in regard to the matter
before the court, tribunal or authority.

**245.** **Motion** **of** **no** **confidence** **in** **Upa-Sarpanch,** **President** **or**
***[Chairperson] - (1) A motion expressing want of confidence in the Upa-**
Sarpanch or President or Vice-President or *[Chairperson] or *[ViceChairperson] may be made by giving a written notice of intention to move the
motion in such form and to such authority as may be prescribed, signed by not
less than one-half of the total number of members of the Gram
Panchayat, *[Mandal Praja Parishad], or as the case may be the *[Zilla Praja
Parishad] and further action on such notice shall be taken in accordance with
the procedure prescribed:

Provided that no notice of motion under this section shall be made
1[within four years] of the date of assumption of office by the person against
whom the motion is sought to be moved:

Provided further that no such notice shall be made against the same
person more than once during his term of office.

**Explanation:- For the removal of doubts, it is hereby declared that for the**
purpose of this section the expression "total number of members" means, all
the members who are entitled to vote in the election to the office concerned
inclusive of the Sarpanch, President or *[Chairperson] but irrespective of any
vacancy existing in the office of such members at the time of meeting:

Provided that a suspended office-bearer or member shall also be taken
into consideration for computing the total number of members and he shall
also be entitled to vote in a meeting held under this section.

(2) if the motion is carried with the support of [2][XXXX]two thirds of the
total number of members in the case of a Upa-Sarpanch, the Commissioner
shall and in the case of the President or Vice-President or the *[Chairperson] or
*[Vice-Chairperson], the Government shall by notification remove him from
office and the resulting vacancy shall be filled in the same manner as a casual
vacancy.

1. Substituted by the Act No. 1 of 2009, S.2, w.e.f. 03.03.2009.
2. Omitted by the Act No. 8 of 2000, S.2, w.e.f. 28.04.1998.


-----

1[Explanation:- For the purposes of this section, in the determination of twothirds of the total number of members, any fraction below 0.5 shall be ignored
and any fraction of 0.5 or above shall be taken as one.]

**246. Power to cancel or suspend resolution of a Gram Panchayat, *[Mandal**
**Praja Parishad] or a *[Zilla Praja Parishad] - (1) The Government may either**
suo moto or on a reference made to them by the *[Executive Authority]
or *[Mandal Praja Parishad] Development Officer or as the case may be, the
Chief *[Executive Authority], in the manner prescribed by order in writing
cancel any resolution passed by a Gram Panchayat, *[Mandal Praja
Parishad] or a *[Zilla Praja Parishad] or any standing Committee of a *[Zilla
Praja Parishad] if in their opinion such resolution,
(a) is not legally passed; or

(b) is in excess or abuse of the powers conferred by or under this Act,
or any other law;or

(c) on its execution is likely to cause danger to human life, health or
safety or is likely to lead to a riot or affray.

(2) The Government shall, before taking action under sub-section (1), give
the Gram Panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja Parishad] as
the case may be, an opportunity for explanation.

(3) If in the opinion of the District Collector, immediate action is
necessary to suspend a resolution on any of the grounds referred to in clause
(c) of sub-section (1), he may make a report to the Government and the
Government may, by order in writing, suspend the resolution.

**247. Power of Government to take action in default of a Gram**
**Panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] - (1) If at**
any time it appears to the Government that a gram panchayat or the Sarpanch
thereof or the *[Mandal Praja Parishad] or the President thereof or the *[Zilla
Praja Parishad] or the *[Chairperson] thereof or any standing Committee of
the *[Zilla Praja Parishad] has made default in performing any function or
discharging any duty imposed by or under this Act, or any relevant law for the
time being in force, the Government may, by order in writing fix a period for
performing such function or discharging such duty.

(2) If such function or duty is not performed or discharged by any
authority aforesaid within the period so fixed, the Government may appoint
some person to perform that function or discharge that duty and may direct
that the expense incurred in that regard shall be paid by the person having the
custody of the Gram Panchayat Fund, *[Mandal Praja Parishad] Fund or
the *[Zilla Praja Parishad] Fund, as the case may be, in priority to any other
charges against such fund except charges for the service of authorised loans.

**248. Power of Government to issue directions - (1) Notwithstanding**
anything contained in this Act, it shall be competent for the Commissioner or
the Government to issue such directions as they may consider necessary to the
Executive Authority, *[Mandal Praja Parishad] Development Officer or the Chief
*[Executive Authority] for the proper working of the Gram Panchayat, *[Mandal
Praja Parishad], or as the case may be, the *[Zilla Praja Parishad] or for the
implementation of the resolutions thereof and the Executive
Authority, *[Mandal Praja Parishad] Development Officer or as the case may be,
the Chief *[Executive Authority] shall implement those directions, failing which,
he shall be liable for disciplinary action under the relevant rules.

(2) The Sarpanch of the gram panchayat, the President of *[Mandal Praja
Parishad] or as the case may be, the *[Chairperson] of the *[Zilla Praja
Parishad] shall ensure that the *[Executive Authority], *[Mandal Praja
Parishad]Development Officer or as the case may be, the Chief *[Executive

1. Added by the Act No. 8 of 2000, S.2, w.e.f. 28.04.1998.


-----

Authority] implements the directions issued by the Government under subsection (1) and shall not do anything in derogation to the directions of the
Government aforesaid. The Sarpanch, the President or the *[Chairperson] who
contravenes the provisions of this section shall be deemed to have willfully
omitted or refused to carry out the orders of the Government for the proper
working of the Gram Panchayat, *[Mandal Praja Parishad] or as the case may
be, the *[Zilla Praja Parishad]within the meaning of section 249.

**249.** **Powers** **of** **Government** **to** **remove** **Sarpanch,** **President** **or**
***[Chairperson] etc., - (1) If in the opinion of the District Collector the**
Sarpanch or the Upa-Sarpanch and in the opinion of the Government the
President or the Vice-President or as the case may be, the *[Chairperson] or the
*[Vice-Chairperson],
(i) wilfully omitted or refused to carry out the orders of the
Government for the proper working of the concerned local
body; or

(ii) abused his position or the powers vested in him; or

(iii) is guilty of misconduct in the discharge of his duties; or

(iv) persistently defaulted in the performance of his functions
and duties entrusted to him under the Act to the detriment
of the functioning of the concerned local body or has become
incapable of such performance:

the Collector or as the case may be, the Government, may
remove such Sarpanch or Upa-Sarpanch, President or VicePresident or as the case may be the *[Chairperson] or the
*[Vice-Chairperson], after giving him an opportunity
for explanation:

Provided that the proceedings initiated under this subsection may be continued notwithstanding the fact that the
Sarpanch or Upa-Sarpanch, President or Vice-President, or
as the case may be, the *[Chairperson] or *[ViceChairperson] ceased to hold office by resignation or otherwise and shall be concluded within two years from the date
of such cessation and where on such conclusion the
authority competent to remove him, records a finding after
giving an opportunity of making a representation to the
person concerned that the charge or charges proved against
him are sufficient for his removal, then the provision of subsection (3) shall apply to the person against whom such
finding is recorded.

(2) Where the Sarpanch or Upa-Sarpanch, the President or the VicePresident or the *[Chairperson] of *[Vice-Chairperson] is removed under subsection (1) the vacancy shall, subject to the provisions of sub-section (3) be
filled as casual vacancies.

(3) A Sarpanch or Upa-Sarpanch, a President or a Vice-President or
*[Chairperson] or *[Vice-Chairperson] removed from his office under this
section shall not be eligible for re-election as Sarpanch or Upa-Sarpanch,
President or Vice-President or *[Chairperson] or *[Vice-Chairperson] for a
period of two years from the date of the removal.

(4) If the District Collector is satisfied that any elected member of the
Gram Panchayat or the Government are satisfied that any elected member of
a *[Mandal Praja Parishad] or *[Zilla Praja Parishad] is guilty of any misconduct
while acting or purporting to act in the discharge of his duties, or in the
performance of the functions, under this Act, the District Collector or as the
case may be, the Government may, by order, remove such member, after giving
him an opportunity for explanation, and any member so removed shall not be


-----

eligible for re-election as a member for a period of two years from the date of
removal.

(5) Where a member of Gram Panchayat, *[Mandal Praja
Parishad] or *[Zilla Praja Parishad] is removed under sub-section (4), the
vacancy shall be filled in such manner and within such time as may be
prescribed.

(6) If the District Collector is of the opinion that a Sarpanch or a UpaSarpanch or any member of a Gram Panchayat or the Government are of the
opinion that any President or Vice-President or the *[Chairperson] or *[ViceChairperson] or any member of a *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] wilfully omitted or refused to carry out the orders of Government for
the proper working of the concerned local body or abused his position or the
powers vested in him, and that the further continuance of such person in office
would be detrimental to the interests of the concerned local body or the
inhabitants of the Village, Mandal or District, the District Collector or as the
case may be, Government may, by order, suspend such Sarpanch or UpaSarpanch or President or Vice-President or as the case may be, the
*[Chairperson] or *[Vice-Chairperson] or member from office for a period not
exceeding three months, pending investigation into the said charges and action
thereon under the foregoing provisions of this section:

Provided that no order under this sub-section shall be passed unless the
person concerned has had an opportunity of making a representation against
the action proposed:

Provided further that it shall be competent for the Government to extend,
from time to time, the period of suspension for such further period not
exceeding three months, so however that the total period of suspension shall
not exceed six months:

Provided also that a person suspended under this sub-section shall not
be entitled to exercise the powers and perform the functions attached to his
office and shall not be entitled to attend the meetings of the concerned local
body except a meeting held for the consideration of a no-confidence motion.

(7) Any person aggrieved by an order of removal passed by the District
Collector under sub-section (1) or sub-section (4) may, within thirty days from
the date of the order prefer an appeal to the Government and the Government
may, pending a decision on such appeal, stay the order appealed against.

1 [249A. Not applicable to Sarpanch and Upa-Sarpanch -Notwithstanding
anything contained, section 249 shall not apply to the Sarpanch and the UpaSarpanch.
**249B. Removal and deemed Removal of Sarpanch and Upa-Sarpanch – (1) if**
in the opinion of the District Collector the Sarpanch or the Upa-Sarpanch,(i) omitted or refused to carry out the orders of the District Collector
or Commissioner or Government for the proper working of the concerned Gram
Panchayat; or
(ii) abused his position or the powers vested in him; or
(iii) is guilty of misconduct in the discharge of his duties; or
(iv)   is guilty of embezzlement of Gram Panchayat Funds; or
(v) persistently defaulted in the performance of his functions and
duties entrusted to him under the Act to the detriment of the functioning of the
Gram Panchayat or has become incapable of such performance;
The District Collector may remove such Sarpanch or the Upa-Sarpanch
after giving him an opportunity for explanation.

1. Sections 249A and 249B inserted by the Act No. 1 of 2021, S.13, w.e.f. 20.02.2020.


-----

(2) Notwithstanding anything contained in sub-section (l), the
Sarpanch or the Upa-Sarpanch shall be deemed to have been removed from the
office,
(a) if they fail to convene the meetings of the Gram Sabha as required
under sub-section(3) of section 6 and G.O.Ms No.791, General Administration
(General / Legislature Co- ordination) Department, Dated 07.11.2013.

(b) if they fail to get the accounts of the Gram Panchayat audited
within the stipulated period.

However, the feet of such deemed removal shall be intimated to the
Sarpanch or the Upa-Sarpanch in writing by the Collector:

Provided that the proceedings for recovery, criminal action or any such
action initiated under sub-sections (1) and (2) may be continued notwithstanding the fact that the Sarpanch ceased to hold office by resignation
or otherwise and shall be concluded within one (l) year from the date of such
cessation and where on such conclusion the authority competent to remove
him, records a finding after giving an opportunity of making a representation to
the person concerned that the charge or charges proved against him are
sufficient for his removal, then the provision of sub-section (3) shall apply to
the person against whom such finding is recorded.

(3) Where the Sarpanch or the Upa-Sarpanch has been, removed
under sub-section (1); or has been intimated under sub-section (2) of the
deemed removal, he shall not be eligible for re-election as a member or
Sarpanch as the case may be, for a period of six (6) years from the date of the
removal.

(4) The resultant vacancies shall be filled as casual vacancies.

(5) If the District-Collector, is of the opinion that a Sarpanch or the
Upa-Sarpanch of a Gram Panchayat omitted or refused to carry out the orders
of Government for the proper working of the concerned Gram Panchayat or
abused his position or the powers vested in him, and that the further
continuance of such person in office would be detrimental to the interests of
the concerned Gram Panchayat or the inhabitants of the village, the District
Collector, by order, suspend such Sarpanch or the Upa-Sarpanch from office
for a period not exceeding six (6) months, pending investigation into the said
charges and action thereon under the foregoing provisions of this section:

Provided that no order under this sub-section shall be passed unless the
person concerned has had an opportunity of making a representation against
the action proposed:

Provided further that it shall be competent for the Commissioner to
extend, from time to time, the period of suspension for such further period not
exceeding six (6) months, so however that total period of suspension shall not
exceed twelve (12) months:

Provided also that a person suspended under this sub-section shall not
be entitled to exercise the powers and perform the functions attached to his
office and shall not be entitled to attend the meetings of the concerned Gram
Panchayat except a meeting held for the consideration of a no-confidence
motion.

(6) Any person aggrieved by an order of removal passed by the District
Collector under sub-section (1), or by an intimation under sub-section (2) may,
within thirty (30) days from the date of receipt of the order or as the case may
be the intimation, prefer an appeal to the Government and the Government
may pending a decision on such appeal, stay the order appealed against.]


-----

**250. Powers of Government to dissolve Gram Panchayat, *[Mandal Praja**
**Parishad] or *[Zilla Praja Parishad] - (1) (i) If, at any time, it appears to the**
Government that a Gram Panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja
Parishad] is not competent to perform its functions or has failed to exercise its
powers or perform its functions or has exceeded or abused any of the powers
conferred upon it by or under this Act, or any other law for the time being in
force, the Government may direct the gram panchayat, *[Mandal Praja
Parishad] or as the case may be, *[Zilla Praja Parishad] to remedy such
incompetency, failure, excess or abuse or to give a satisfactory explanation
therefor and if the gram panchayat, *[Mandal Praja Parishad] or the *[Zilla
Praja Parishad], fails to comply with such direction, the Government may
dissolve it with effect from a specified date and reconstitute it either
immediately or within six months from the date of dissolution, and cause any
or all of the powers and functions of the gram panchayat, *[Mandal Praja
Parishad] or the *[Zilla Praja Parishad] to be exercised and performed by such
person or authority as the Government may appoint in that behalf during the
period of its dissolution and any person or authority so appointed may, if the
Government so direct, receive remuneration for the services rendered from the
funds of the gram panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja
Parishad], as the case may be.

(ii) With effect from the date specified for the dissolution of a
gram panchayat, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] under clause (i), all its members including its
Sarpanch, Upa-Sarpanch, President or Vice-President and
*[Chairperson] or *[Vice-Chairperson], as the case may be, shall
forthwith be deemed to have vacated their offices as such and
they shall not be entitled to be restored to office after the
expiration of the period of dissolution. The vacancies arising out
of vacation of offices under this section shall be deemed to be
casual vacancies and filled accordingly within a period of six
months from the date of dissolution:

Provided that no casual elections to fill the vacancies under this
section shall be held where the remainder of the period for which
the dissolved gram panchayat, *[Mandal Praja Parishad] or as
the case may be, the *[Zilla Praja Parishad] would have
continued had it not been dissolved is less than six months.

(2) The Government may, by notification, authorise the District Collector
to exercise the powers of the Government under sub-section (1) in respect of
gram panchayats.

(3) If, at any time, it appears to the Government that a Standing
Committee of a *[Zilla Praja Parishad] is not competent to perform its functions
or has failed to exercise its powers or perform its functions or has exceeded or
abused any of the powers conferred upon it by or under this Act, or any other
law for the time being in force, the Government may direct the Standing
Committee to remedy such incompetency, failure, excess or abuse, or to give a
satisfactory explanation therefor and if the Standing Committee fails to comply
with such direction, the Government may dissolve the Standing Committee and
direct the *[Zilla Praja Parishad] to re-constitute the dissolved Standing
Committee immediately thereafter.

1[250A. Special provision in the case of Mandal Praja Parishad and Zilla
**Praja Parishad – (1) The Government, or as the case may be, an officer**
authorized by the Government, shall appoint a Special Officer or a Person-incharge or a Committee of persons-in-charge to a Mandal Praja Parishad or a
Zilla Praja Parishad, if for any reason, the process of election to such Mandal
Praja Parishad or Zilla Praja Parishad is not completed, in accordance with the
Act.

1. Inserted by the Act No. 17 of 2011, S.2, w.e.f. 21.07.2011.


-----

(2) The Special Officer or Person-in-charge or the Committee of personsin-charge, appointed under sub-section (1) shall exercise the powers, discharge
the duties and perform the functions of the Mandal Praja Parishad or Zilla
Praja Parishad until the members, the President and Vice-President of Mandal
Praja Parishad and the members, the *[Chairperson] and *[Vice-Chairperson] of
Zilla Praja Parishad elected thereof respectively, assume office.

(3) The term of the Special Officer or Person-in-charge or Committee of
persons-in-charge appointed under sub-section (1) shall be for a period of six
months from the date of appointment or till the date of assumption of office, of
the members and office bearers of Mandal Praja Parishad and Zilla Praja
Parishad respectively, whichever is earlier.

(4) Subject to such rules as may be made in this behalf, the
administration of the Mandal Praja Parishad or as the case may be, the Zilla
Praja Parishad shall be carried on by the Special Officers or a Person-in-charge
or a Committee of persons-in-charge appointed under sub-section (1) in
accordance with the provisions of the Act and the rules made thereunder.]

**251. Acts of gram panchayats, *[Mandal Praja Parishad] and *[Zilla Praja**
**Parishad] not to be invalidated by informality vacancy etc. - (1) No act of a**
gram panchayat shall be deemed to be invalid by reason only of a defect in the
establishment of such gram panchayat or on the ground that the Sarpanch,
Upa-Sarpanch or any member of such gram panchayat was not entitled to
hold, or continue in such office by reason of any disqualification or by reason
of any irregularity or illegality in his election, as the case may be, or by reason
of such act having been done during the period of any vacancy in the office of
the Sarpanch, Upa-Sarpanch, or member of such gram panchayat.

(2) The provisions of sub-section (1) shall mutatis-mutandis apply to the
acts of a *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] or a Standing
Committee thereof.

**252. Oath of allegiance - (1) Every person who is elected to be the Sarpanch**
or member of a Gram Panchayat or the President or member of a *[Mandal
Praja Parishad] or the *[Chairperson] or member of a *[Zilla Praja
Parishad] shall, before taking his seat make, at a special meeting or any other
meeting of the Gram Panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja
Parishad] as the case may be, an oath or affirmation of his allegiance to the
Constitution of India in the form prescribed.

(2) Any such Sarpanch, President or *[Chairperson] or member who fails
to make, within three months of the date on which his term of office
commences, or at one of the first three meetings held after the said date,
whichever is later, the oath or affirmation laid down in sub-section (1) shall
cease to hold his office and his seat shall be deemed to have become vacant.

(3) No such Sarpanch, President or *[Chairperson] or member shall take
his seat at a meeting of the Gram Panchayat, *[Mandal Praja Parishad] or, as
the case may be, of the *[Zilla Praja Parishad] or do any act as such member
unless he has made the oath or affirmation as laid down in this section.

(4) Where a person ceases to hold office under sub-section (2), the
*[Executive Authority], the *[Mandal Praja Parishad] Development Officer, or,
as the case may be, the Chief *[Executive Authority], shall report the same to
the Gram Panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja Parishad] at
its next meeting and on application of such person made within thirty days of
the date on which he has ceased to be Sarpanch, President or *[Chairperson]or
member under that sub-section, the Gram Panchayat, *[Mandal Praja
Parishad] or the *[Zilla Praja Parishad] may grant him further time which shall
not be less than four months and not more than nine months for making the
oath or affirmation and if he makes the oath or affirmation within the time so


-----

granted, he shall, notwithstanding anything in this Act, continue to hold his
office.

(5) Where on an application made by a person who ceases to hold office
under sub-section (2), the Government are satisfied that such person for
reasons beyond his control, has not been able to make the oath or affirmation
within the period specified in sub-section (2) or within further time, if any,
granted to him under sub-section (4), they may by an order grant such further
time as they deem fit to the person to make the oath or affirmation. If such
person makes the oath or affirmation within the time granted he shall,
notwithstanding anything in this Act, continue to hold his office.

**253. Administration report - (1) Every *[Mandal Praja Parishad] shall furnish**
to the *[Zilla Praja Parishad] and every *[Zilla Praja Parishad] shall furnish to
the Government a report on its administration for each year, as soon as may
be, after the close of such year, in such form and with such details as may be
prescribed. The *[Mandal Praja Parishad] shall, while furnishing the report
to *[Zilla Praja Parishad] as aforesaid send a copy thereof to the Government.

(2) The *[Zilla Praja Parishad] shall consider the administration report of
each *[Mandal Praja Parishad] and forward it to the Government with its
remarks.

(3) The report of the *[Mandal Praja Parishad] shall be prepared by
the *[Mandal Praja Parishad] Development Officer and that of *[Zilla Praja
Parishad] by its Chief *[Executive Authority] and the *[Mandal Praja
Parishad] or the *[Zilla Praja Parishad] shall consider and forward it to
the *[Zilla Praja Parishad] or the Government, as the case may be, with its
resolution thereon.

(4) The administration report of the Gram Panchayat shall be prepared
by the *[Executive Authority] if there is one and if there is no *[Executive
Authority] by the *[Mandal Praja Parishad] Development Officer having
jurisdiction over the Gram Panchayat. The same shall be forwarded to District
Panchayat Officer who shall process it in the prescribed manner.

**254. Recovery of sums due to the Gram Panchayats, *[Mandal Praja**
**Parishads] or *[Zilla Praja Parishad] as arrears of land revenue - Any sum**
due to, or recoverable by, a gram panchayat, *[Mandal Praja Parishad] or
a *[Zilla Praja Parishad] under this Act may be recovered as if it were an arrear
of land revenue.

**255. Power of entry of inspecting officers - (1) Any Officer or person whom**
the Government may empower in this behalf may enter on and inspect,
(a) any immovable property, or any work in progress under the
control of any Gram Panchayat, *[Mandal Praja Parishad] or
the *[Zilla Praja Parishad];

(b) any school, hospital, dispensary, vaccination station, choultry
or other institution maintained by, or under the control of any
Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] and any records, registers or other documents kept in
such institution;

(c) the office of any Gram Panchayat, *[Mandal Praja
Parishad] or *[Zilla Praja Parishad] and any records, registers or
other documents kept therein.

(2) The Gram Panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja
Parishad] be bound to afford to the officer or person referred to in sub-section
(1) such access at all reasonable times, to its property or premises and to all
documents as may, in the opinion of such officer or person, be necessary to
enable him to discharge his duties under the said sub-section.


-----

**256. Power to call for records etc - The Government or any officer or person**
duly empowered by them in this behalf, may, 
(a) call for any record, register or other document in the possession
or under the control of any Gram Panchayat, *[Mandal Praja
Parishad] or *[Zilla Praja Parishad];

(b) require any gram panchayat, *[Mandal Praja Parishad] or *[Zilla
Praja Parishad] to furnish any return, plan, estimate, statement,
account or statistics;

(c) require any gram panchayat, *[Mandal Praja Parishad] or *[Zilla
Praja Parishad] to furnish any information or report on any matter
connected with such gram panchayat, *[Mandal Praja
Parishad] or *[Zilla Praja Parishad]; and

(d) record in writing for the consideration of any Gram
Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] any
observations, the Government, officer or person may think proper
to make in regard to the proceedings or duties of such Gram
Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad].

**257. Protection of acts done in good faith - No suit, prosecution or other**
legal proceedings shall be instituted against any person for anything which is,
in good faith, done or intended to be done under this Act or under the rules
made thereunder.

**258. *[Chairperson], President, Sarpanch etc., to be public servants - The**
*[Chairperson], the *[Vice-Chairperson]or a member of a *[Zilla Praja Parishad],
the President, the Vice-President or a member of a *[Mandal Praja Parishad],
the Sarpanch, Upa-Sarpanch or member of a Gram Panchayat, the Chief
*[Executive Authority], or any Officer or servant of a *[Zilla Praja Parishad] or
a *[Mandal Praja Parishad] Development Officer, the *[Executive Authority], or
any Officer or servant of a *[Zilla Praja Parishad] or a *[Mandal Praja
Parishad] or the gram panchayat shall be deemed to be a public servant, within
the meaning of section 21 of Indian Penal Code (Central Act 45 of 1860).

**259. Power of *[Mandal Praja Parishad] and *[Zilla Praja Parishad] to make**
**bye-laws - (1) Subject to such rules as may be made a *[Mandal Praja**
Parishad] with the approval of the *[Zilla Praja Parishad] and the *[Zilla Praja
Parishad] may, with the approval of the Government, make bye-laws for
carrying out any of the purposes for which it is constituted.

(2) The Government shall have power to make rules regarding the
procedure for making of bye-laws under this section, the publication thereof
and the date on which they shall come into effect.

**260. Delegation of powers etc - (1) The Government may, by notification**
authorise any officer or person to exercise any of the powers vested in them by
this Act except the power to make rules; and may in like manner withdraw
such authority.

(2) The Commissioner or the District Collector may, by notification,
authorise any officer or person to exercise any of the powers vested by or under
this Act in the Commissioner or the District Collector as the case may be, and
may in like manner withdraw such authority.

(3) The exercise of any power delegated under sub-section (1) or subsection (2) shall be subject to such restrictions and conditions as may be
prescribed or as may be specified in the notification and also to control and
revision by the delegating authority, or where such authority is the
Government, by such persons as may be empowered by the Government in this
behalf. The Government shall also have power to control and revise the acts or
proceedings of any persons so empowered.


-----

(4) The exercise of any power conferred on the Commissioner or the
District Collector by any of the provisions of this Act, including sub-sections (2)
and (3) of this section, shall whether such power is exercised by the
Commissioner or the District Collector himself or by any person to whom it has
been delegated under sub-section (2), be subject to such restrictions and
conditions as may be prescribed and also to control by the Government or by
such person as may be empowered by them in this behalf. The Government
shall also have power to control the acts or proceedings of any persons so
empowered.

(5) (a) The *[Andhra Pradesh Election Commissioner for Local Bodies],
may by notification, authorise any officer or person to exercise in any local area
in the revenue district in regard to any gram panchayat or all gram panchayats
in that area, any of the powers vested in him by or under this Act, or in regard
to any *[Mandal Praja Parishad] or *[Zilla Praja Parishad] in so far as it relates
to the conduct of elections under this Act, and may, in like manner, withdraw
such authority.

(b) The provisions of sub-sections (3) and (4) shall apply, as far as
may be, in regard to the power delegated under this sub-section.

(c) The *[Andhra Pradesh Election Commissioner for Local Bodies]
may appoint such number of additional, joint, deputy or assistant
election authorities, as it thinks fit to exercise such powers and
perform such functions as are assigned by the *[Andhra Pradesh
Election Commission for Local Bodies].

(6) A *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] or any person
exercising or performing any powers or functions by or under the provisions of
this Act may delegate its or his powers or functions in writing to any person or
authority, subject to such restrictions, limitations and conditions as may be
prescribed and also to control and revision by the Government:

Provided that the President of a *[Mandal Praja Parishad] or the
*[Chairperson] of a *[Zilla Praja Parishad] shall not delegate his powers to any
person or authority other than the Vice-President of the *[Mandal Praja
Parishad] or the *[Vice-Chairperson] of the *[Zilla Praja Parishad] as the case
may be, if he is in office.

**261. Power to transfer institutions and works - The Government may**
transfer any institution or work under their management or control to a *[Zilla
Praja Parishad] or a *[Mandal Praja Parishad] and *[Zilla Praja Parishad] may
transfer any institution under its management or control to any *[Mandal Praja
Parishad] or gram panchayat, subject to such conditions, limitations and
restrictions as may be specified by the Government or the *[Zilla Praja
Parishad], as the case may be:

Provided that no such transfer shall be made unless the prior consent of
the concerned *[Zilla Praja Parishad] or *[Mandal Praja Parishad], as the case
may be, is obtained.

**262. Emergency Powers of the Government, Commissioner and District**
**Collector - (1) Subject to such control as may be prescribed, the Government,**
the Commissioner or the District Collector may, in cases of emergency, direct
or provide for the execution of any work, or the doing of any act which a gram
panchayat or executive authority is empowered to execute or do, and the
immediate execution or doing of which is in his opinion necessary for the safety
of the public, and may direct that the expenses of executing such work or doing
such act shall be paid by the person having the custody of the gram panchayat
fund in priority to any other charges against such fund except charges for the
service of authorised loans.

(2) The powers of the nature referred to in sub-section (1) may be
exercised by the Government in the case of a *[Mandal Praja Parishad] or


-----

a *[Zilla Praja Parishad] subject to the variation that for the expression
"executive authority", the expression "*[Mandal Praja Parishad] Development
Officer" or as the case may be "Chief *[Executive Authority]" and for the
expression "Gram Panchayat Fund", the expression "*[Mandal Praja
Parishad] Fund" or as the case may be the "*[Zilla Praja Parishad] Fund" is
substituted.

**263. Control over electrical undertakings of Gram Panchayats - The**
administration by a gram panchayat of any undertaking for the generation,
transmission, supply or use of electrical energy shall be subject to such control
as may be prescribed, not inconsistent with the provisions of the Indian
Electricity Act, 1910 (Central Act 9 of 1910), or the Electricity (Supply) Act,
1948 (Central Act 54 of 1948), as in force for the time being, the rules made
under those Acts, and the terms of the licence granted thereunder to the gram
panchayat.

**264. Power of Review and Revision by Government - (1) The Government**
may, either suo motu or on application from any person interested, call for and
examine the record of a gram panchayat, *[Mandal Praja Parishad] or a *[Zilla
Praja Parishad] or of its Standing Committees or of any authority, officer or
person, in respect of any proceeding to satisfy themselves as to regularity of
such proceeding or the correctness, legality or propriety of any decision or
orders passed therein and, if in any case, it appears to the Government that
any such decision or order should be modified, annulled or reversed or
remitted for reconsideration, they may pass orders accordingly:

Provided that the Government shall not pass any order prejudicial to any
party unless such party has had an opportunity of making a representation.

(2) The Government may stay the execution of any such decision or order
pending exercise of their powers under sub-section (1) in respect thereof.

(3) The Government may suo motu at any time or on an application
received from any person interested within ninety days of the passing of an
order under sub-section (1), review any such order if it was passed by them
under any mistake, whether of fact or of law, or in ignorance of any material
fact. The provisions contained in the proviso to sub-section (1) and in subsection (2) shall apply in respect of any proceeding under this sub-section as
they apply to a proceeding under sub-section (1).

(4) Every application preferred under sub-section (1) shall be
accompanied by a fee of fifteen rupees.

**265. Liability of Sarpanch, President, *[Chairperson] etc., for loss, waste**
**or misapplication of property - (1) If, after giving the Sarpanch, Upa-**
Sarpanch, President, Vice-President, *[Chairperson], *[Vice-Chairperson] or the
executive authority, the *[Mandal Praja Parishad] Development Officer, the
Chief *[Executive Authority] an opportunity of showing cause to the contrary,
the Commissioner is satisfied that the loss waste or misapplications of any
money or other property owned by or vested in the gram panchayat, *[Mandal
Praja Parishad], or as the case may be the *[Zilla Praja Parishad] is a direct
consequence of misconduct or gross neglect, on the part of such person, the
Commissioner may, by order in writing, direct such person to pay to the gram
panchayat, *[Mandal Praja Parishad] or as the case may be, the *[Zilla Praja
Parishad] before the date fixed by him, the amount required to reimburse it for
such loss, waste or misapplication, unless such person proves that he had
acted in good faith.

(2) If the amount is not so paid, the Commissioner shall cause it to be
recovered as arrears of land revenue and credited to the fund of the Gram
Panchayat, *[Mandal Praja Parishad] oras the case may be, *[Zilla Praja
Parishad].


-----

(3) An appeal shall lie within thirty days from any decision of the
Commissioner under this section to the Government whose decision thereon
shall be final.

**266.** **Accounts** **and** **Audit -** (1) The accounts of the Gram
Panchayats, *[Mandal Praja Parishad] and *[Zilla Praja Parishad] shall be
maintained in such manner and in such form as may be prescribed. The
accounts maintained by the said local bodies shall be audited by the Director
of State Audit appointed under section 3 of the Andhra Pradesh State Audit
Act, 1989 (Act 9 of 1989).

(2) For the purpose of proper maintenance of accounts and matters
connected therewith or incidental thereto, it shall be competent for the Director
of State Audit to issue such directions as he deems necessary to the Chief
*[Executive Authority], who shall ensure that the said directions are carried out
by the said local bodies.

**1[(3)Notwithstanding anything contained in sub-section (1), every local**
body shall engage Chartered Accountants from out of the panels of Chartered
Accountants made by the Director of State Audit to get audited of the accounts
maintained under sub-section (1) and for speedy finalisation of their accounts:

Provided that every Sarpanch of a Gram Panchayat shall have to close
the accounts of the Gram Panchayat and get them audited before the end of
third quarter of the succeeding financial year.]

**267. Assessments etc., not to be impeached - (1) No assessment or demand**
made, and no charge imposed, under the authority of this Act, shall be
impeached or affected by reasons of any clerical error or by reason of any
mistake,
(a) in respect of the name, residence, place of business or
occupation of any persons, or

(b) in the description of any property or thing, or

(c) in respect of the amount assessed, demanded or charged,
provided that the provisions of this Act have in substance and
effect been compiled with;

and no proceedings under this Act shall, merely for defect in form
be quashed or set aside by any Court.

(2) No suit shall be brought in any Court to recover any sum of money
collected under the authority of this Act or to recover damages on account of
assessment or collection of money made under the said authority:

Provided that the provisions of this Act have in substance and effect been
compiled with.

(3) No distraint or sale under this Act shall be deemed unlawful, nor
shall any person making same be deemed a trespasser, on account of any
error, defect or want of form in the bill, notice, schedule, form, summons,
notice of demand, warrant of distraint, inventory or other proceeding relating
thereto, if the provisions of this Act and of the rules and bye-laws made
thereunder have in substance and effect been compiled with:

Provided that every person aggrieved by any irregularity may recover
satisfaction for any special damages sustained by him.

(4) Notwithstanding anything in the Code of Civil Procedure, 1908
(Central Act 5 of 1908)or in any other law for the time being in force, no court
shall grant any permanent or temporary injunction or make any interim orders
restraining any proceeding which is being or about to be taken under this Act
for the revision or amendment of the assessment books or restraining such
revision or amendment from taking effect.

1. Added by the Act No. 22 of 2002, S.11, w.e.f. 20.06.2002.


-----

**CHAPTER - VIII**
**RULES, BYE-LAWS AND PENALTIES**

**268. Power of Government to make rules for the purposes of this Act - (1)**
The Government shall, in addition to the rule making powers, conferred on
them by any other provisions of this Act, have power to make rules generally to
carry out all or any of the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing
power, the Government may make rules 
(i) as to all matters under this Act, relating to electoral rolls
or the conduct of elections, not expressly provided for in this
Act, including deposits to be made by candidates standing
for election and the conditions under which such deposits
may be forfeited, and the conduct of inquiries and the
decision of disputes relating to electoral rolls or elections;

(ii) [1][XXXX]

(iii) as to the interpellation of the Sarpanch, President or
*[Chairperson] by the members of the gram
panchayat, *[Mandal Praja Parishad] or as the case may be
of the *[Zilla Praja Parishad] and the moving of resolutions at
meeting of a gram panchayat, *[Mandal Praja Parishad] or
the *[Zilla Praja Parishad];

(iv) as to the delegation of any function of a gram
panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja
Parishad] respectively to the Sarpanch, President or
*[Chairperson] or any member or officer of the gram
panchayat, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] or any employee of the State or Central
Government;

(v) as to the transfer of allotments entered in the sanctioned
budget of a gram panchayat, *[Mandal Praja
Parishad] or *[Zilla Praja Parishad] from one head to another;

(vi) as to the estimates of receipts and expenditure, returns,
statements and reports to be submitted by gram
panchayat, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad];

(vii) as to the accounts to be kept by gram
panchayats, *[Mandal Praja Parishads] or *[Zilla Praja
Parishads], the audit and publication of such accounts and
the conditions under which rate payers may appear before
auditors, inspect book and accounts, and take exceptions to
items entered or omitted;

(viii) as to the preparation of plans and estimates for works
and the powers of gram panchayat, *[Mandal Praja
Parishad] or *[Zilla Praja Parishad] and of servants of the
State or Central Government to accord professional or
administrative sanction to estimates;

(ix) as to the powers of auditors to disallow and surcharge
items, appeals against order of disallowance or surcharge
and the recovery of sums disallowed or surcharged;

(x) as to the powers of auditors, inspecting and
superintending officers and officers authorised to hold
inquiries to summon and examine witnesses and to compel

1. Omitted by the Act No. 5 of 1995, S.14, w.e.f. 30.12.1994.


-----

the production of documents and all other matters
connected with audit, inspection and superintendence;

(xi) as to the conditions on which property may be/acquired
by a gram panchayat, *[Mandal Praja Parishad] or *[Zilla
Praja Parishad] or on which property vested in or belonging
to a gram panchayat, *[Mandal Praja Parishad] or *[Zilla
Praja Parishad] maybe transferred by sale, mortgage, lease,
exchange or otherwise;

(xii) as to the conditions on which and the mode in which
contracts may be made by or on behalf of gram
panchayat, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad];

(xiii) as to the assessment and realisation of taxes under this
Act and the revision of and appeals against assessment;

(xiv) as to the acceptance in lieu of any tax or other amount
due to a gram panchayat under this Act, of any service by
way of cartage or otherwise;

(xv) as to the form and contents of licences, permissions and
notices granted or issued under this Act, the manner of their
issue or the method of their service, and the modifications,
suspension or cancellation thereof;

(xvi) as to the powers of executive authorities to call for
information on any matter, to summon and examine
witnesses, and to compel the production of document;

(xvii) as to the regulation or registration of building and the
use of sites for building;

(xviii) for the determination of any claim to trees growing on
public roads or other property vesting in or belonging to
gram panchayats or on porambokes or on lands, the use of
which is regulated by them under section 102, and for the
presumptions to be drawn in regards to the ownership of
such trees;

(xix) as to the provisions of cattle sheds by the gram
panchayat wherein owners of cattle may stall cattle and as to
the fees leviable in respect thereof;

(xx) as to the disposal of household and farmyard waste in
the village, the acquisition of land by the gram panchayat for
laying out plots, for digging pits in which such waste may be
thrown, the assignment of any of those plots to persons in
the village and the conditions subject to which such
assignment may be made, including the rent to be charged;

(xxi) as to the duties to be discharged by village officers in
relation to gram panchayats and their executive authorities;

(xxii) for regulating the sharing between local authorities in
the State, of the proceeds of any tax or income levied or
obtained under this or any other Act;

(xxiii) as to the accounts to be kept by owners, occupiers and
farmer, private markets and the audit and inspection of such
accounts;

(xxiv) as to the manner of publication of any notification or
notices to the public under this Act;

(xxv) for the use of the facsimiles of the signatures of the
executive authorities and officers of gram


-----

panchayats, *[Mandal Praja Parishads] or *[Zilla Praja
Parishads];

(xxvi) regarding proceedings of gram panchayats and their
committees; and

(xxvii) relating to assessment, levy and collection of taxes
and the lodging of moneys received by the Gram
Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] and payment of moneys from their Funds.

(3) All rules made under this Act shall be published in the Andhra
Pradesh Gazette.

(4) Every rule made under the Act shall immediately after it is made, be
laid before the Legislative Assembly of the State if it is in session, and if it is
not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions and if before the expiration of the session in which it is so laid or the
session immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be, so however
that any such modification or annulment shall be without prejudice to the
validity or anything previously done under that rule.

**269. Penalties for breach of rules - A rule under this Act may provide that a**
breach thereof shall be punishable with fine which may extend to fifty rupees,
or in case of continuing breach with fine not exceeding five rupees for every day
during which the breach continues after conviction for the first breach.

**270. Bye-laws and penalties for their breach - (1) Subject to the provisions of**
this Act and of any other law and to such rules as may be prescribed, a gram
panchayat may, with the approval of the Commissioner, make bye-laws for
carrying out any of the purposes for which it is constituted.

(2) A bye-law made by the gram panchayat may provide that any person
who commits a breach thereof shall be liable to pay by way of penalty such
sum as may be fixed by the gram panchayat not exceeding fifteen rupees, or in
case of a continuing breach, not exceeding five rupees for every day during
which the breach continues after a penalty has been levied for the breach.

(3) The Government shall have power to make rules regarding the
procedure for the making of bye-laws, the publication thereof and the date on
which they shall come into effect.

**271. General provisions regarding penalties specified in Schedules III and**
**IV - (1) Whoever, -**

(a) contravenes any of the provisions of this Act specified in the
first and second columns of Schedule-III, or
(b) contravenes any rule or order made under any of the provisions
so specified; or
(c) fails to comply with any direction lawfully given to him, or any
requisition lawfully made upon him under or in pursuance of any
of the said provisions, shall be punishable with fine which may
extend to the amount mentioned in that behalf in the fourth
column of the said Schedule.

(2) Whoever after having been convicted of, 
(a) contravening any of the provisions of this Act specified in the
first and second columns of Schedule IV; or
(b) contravening any rule or order made under any of the
provisions so specified; or


-----

(c) failing to comply with any directions lawfully given to him, or
any requisition lawfully made upon him under or in pursuance of
any of the said provisions, continues to contravene the said
provisions or the said rule or order, or continues to fail to complay
with the said direction or requisition shall be punishable for each
day after the previous date of conviction during which he continues
so to offend, with fine which may extend to the amount mentioned
in that behalf in the fourth column of the said Schedule.

**Explanation: The entries in the third column of Schedules III and IV headed**
'subject' are not intended as definitions of the offences described in the
provisions specified in the first and second columns thereof or even as
abstracts of those provisions, but are inserted merely as references to the
subject dealt with therein.

1[271A. Penalty for not handling over documents, moneys etc., to the
**newly elected Sarpanch or Upa-Sarpanch of a Gram Panchayat – (1) Any**
person who having been the Sarpanch, Temporary Sarpanch or Upa-Sarpanch
of a Gram Panchayat fails to hand over any documents of, or any moneys or
other properties vested in or belonging to, the Gram Panchayat, which are in,
or have come into, his possession or control, to his successor in office or other
prescribed authority, 
(i) in every case, within a period of thirty days from the expiry of his
term of office as such Sarpanch, Temporary Sarpanch or Upa-Sarpanch; and

(ii) in the case of person, who was the Upa-Sarpanch also within a
period of thirty days on demand by the Sarpanch shall be punishable with
imprisonment which may extend upto six months or with fine not exceeding
one thousand rupees or with both, for every such offence.

(2) Any person who is convicted under sub-section (1) fails to handover
any documents of, or any moneys or other properties vested in, or belonging to
the Gram Panchayat, which are in or have come into, his possession, or control
to his successor in office, shall be punishable for each day after conviction
during which he continues to persist in his offence with a fine not exceeding
one hundred rupees.

(3) In cases falling under sub-sections (1) and (2), the court may, apart
from ordering conviction for the offence, order the seizure of the documents,
moneys or other properties of the Gram Panchayat from the person convicted.]

**272. Recovery of amounts due as taxes - All costs, damages, compensation,**
penalties, charges, fees (other than school fees), expenses, rents (not being
rents for land and buildings demised by the gram panchayat), contributions
and other amounts which under this Act or any other law or rules or bye-laws
made thereunder are due by any person to the gram panchayat may, if there is
no special provision in this Act, or the rules made thereunder for their
recovery, be demanded by a bill as provided in the rules for the recovery of
taxes made under the Act and recovered in the manner provided therein.

**273. Adjudication of disputes between local authorities - (1) When a**
dispute exists between a local authority and one or more other local authorities
in regard to any matter arising under the provisions of this or any other Act
and the Government are of opinion that the local authorities concerned are
unable to settle it amicably among themselves, the Government may take
cognizance of the dispute; and

(a) decide it themselves, or

1. Inserted by the Act No. 33 of 1998, S.3.


-----

(b) refer it for enquiry and report to an arbitrator or a board of
arbitrators or to a joint committee constituted for the purpose by
an order of the Government.

(2) The reports referred to in clause (b) of sub-section (1) shall be
submitted to the Government who shall decide the dispute in such manner as
they may deem fit.

(3) Any decision given under clause (a) of sub-section (1) or under subsection (2) may be modified from time to time, by the Government in such
manner as they deem fit, and any such decision with the modification, if any,
made therein under this sub-section, may be cancelled at any time by the
Government.

Any such decision or any modification therein or cancellation thereof
shall be binding on all the local authorities concerned and shall not be, liable
to be questioned in any court of law.

(4) Where one of the local authorities concerned is a cantonment
authority or the port authority of a major port, the powers of the Government
under this section shall be exercisable only with the concurrence of the Central
Government.

**274. Act to read subject to Schedules V and VI in regard to first**
**constitution or reconstitution etc - (1) In regard to the first constitution of a**
Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] for a
village, Mandal or District or to the first reconstitution in accordance with the
provisions of this Act of such bodies in existence at the commencement thereof,
and otherwise in first giving effect to the said provisions they shall be read
subject to the rules in Schedules V and VI.

(2) The Government shall have power, by notification in the Andhra
Pradesh Gazette, to amend, add to or repeal the rules in the said Schedules.

**275. Power to remove difficulties - (1) If any difficulty arises in first giving**
effect to the provisions of this Act or as to the first constitution or
reconstitution of any Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja
Parishad] after the commencement of this Act, the Government, as occasion
may require, may by order published in the Andhra Pradesh Gazette, do
anything which appears to them necessary for removing the difficulty.

(2) All orders made under sub-section (1) shall, as soon as may be after
they are made, be placed on the table of Legislative Assembly of the State and
shall be subject to such modification by way of amendments or repeal as the
Legislative Assembly may make either in the same session or in the next
session.

**276. Repeal and savings - (1) The following Acts are hereby repealed, namely:-**

(i) The Andhra Pradesh Gram Panchayats Act 1964. (Act 2 of
1964);

(ii) The Andhra Pradesh Mandal Praja Parishads, ZillaPraja
Parishads and Zilla Pranalika and Abhivrudhi Sameeksha
Mandals Act, 1986 (Act 31 of 1986); and

(iii) The Andhra Pradesh Local Bodies Electoral Reforms Act,
1989, (Act 28 of 1989).

(2) On such repeal the provisions of sections 8 and 18 of the Andhra
Pradesh General Clauses Act, 1891 (Act 1 of 1891) shall apply.

**277. Amendment of Act 9 of 1989 - In the Andhra Pradesh State Audit Act,**
1989 (Act 9 of 1989), in section 2, for clauses (c) and (d), the following clause
shall be substituted.namely:
(c) agram panchayat, a township, a *[Mandal Praja Parishad] or a *[Zilla
Praja Parishad] constituted under the Andhra Pradesh Panchayat Raj Act,
1994.


-----

**278. Transitional provisions in regard to elections - The first ordinary**
elections to the gram panchayats, *[Mandal Praja Parishads] and *[Zilla Praja
Parishad] in accordance with the provisions of this Act shall be held [1][within a
period not exceeding one year and six months] from the date of commencement
of this Act.

**SCHEDULE - I**
**GENERAL POWERS AND FUNCTIONS OF PANCHAYATS**
**(SECTIONS 45, 161 AND 192)**

1. Agriculture, including agricultural extension.

2. Land improvement, implementation of land reforms, land
consolidation and soil conservation.

3. Minor irrigation, water management and watershed development.

4. Animal husbandry, dairying and poultry.

5. Fishers.

6. Social forestry and farm forestry.

7. Minor forest produce.

8. Small scale industries, including food processing industries.

9. Khadi, village and cottage industries.

10. Rural housing.

11. Drinking water.

12. Fuel and fodder.

13. Roads, culverts, bridges, ferris, waterways and other means of
communication.

14. Rural electrification, including distribution of electricity.

15. Non-conventional energy sources.

16. Poverty alleviation programme.

17. Education, including primary and Secondaryschools.

18. Technical Training and vocational education.

19. Adult and non-formal education.

20. Libraries.

21. Cultural activities.

22. Markets and fairs.

23. Health and sanitation, including hospitals, primary health
centres and dispensaries.

24. Family Welfare.

25. Women and child development.

26. Social welfare, including welfare of the handicapped and mentally
retarded.

1. Substituted by the Act No. 35 of 1995, S.2, w.e.f.30.05.1994.


-----

27. Welfare of the weaker sections, and in particular, of Scheduled
Castes and the Scheduled Tribes.

28. Public distribution system.

29. Maintenance of community assets.


-----

**SCHEDULE – II**
**(Section 161)**
**POWERS AND FUNCTIONS OF THE *[MANDAL PRAJA PARISHAD]**

**1. COMMUNITY DEVELOPMENT - The execution of all programmes under**
Community Development in association with panchayats, co-operative
societies, voluntary organisations and the people.

**2. AGRICULTURE - The doing of everything necessary to step up agriculture**
Production and in particular, 
(i) multiplication and distribution of improved seeds;

(ii) distribution of fertilizers;

(iii) popularisation of improved techniques, methods and
practices and improved implements;

(iv) achieving self-sufficiency in green manure and composting of
farmyard manure;

(v) encouraging fruit and vegetable cultivation;

(vi) reclamation of land and conservation of soil;

(vii) providing credit for agricultural purposes;

(viii) propagating and assisting in plant protection methods;

(ix) laying out demonstration plots and working out better
methods of farm managements;

(x) bringing more acreage under irrigation by renovating and
sinking wells, repairing and digging private tanks and
maintaining Government minor irrigation sources and supply
channels;

(xi) utilising more power for agricultural purposes;

(xii) exploiting underground water sources by sinking wells, filter
points and tube wells;

(xiii) tree planting;

(xiv) growing of village forests.

**3. ANIMAL HUSBANDRY AND FISHERIES -**

(i) upgrading local stock by introducing pedigree breeding bulls and
castrating scrub bulls;

(ii) introducing improved breeds of cattle, sheep, pigs and poultry;

(iii) controlling contagious diseases by systematic protection;

(iv) introducing improved fodders and feeds;

(v) establishing and maintaining of artificial insemination centres,
first aid centres and minor veterinary dispensaries;

(vi) educating the people about the importance of better cattle for
both milk and draught.


-----

1[4. HEALTH AND RURAL SANITATION
(i) Expanding existing medical and health services and bringing
them within the reach of people.

(ii) Establishing and maintaining Primary Health Centres and
Maternity Centres.

(iii) Providing protected drinking water facilities.

(iv) Ensuring systematic vaccination.

(v) Controlling epidemics.

(vi)Providing drains and soakage pits for village and house
drainage.

(vii) Encouraging the use of sanitary type of latrines and utilising
human waste.

(viii) Popularising of smokeless chullas.

(ix) Supervising the work in Government hospitals.

(x) Enlisting people's participation for the improvement of such
hospitals.

(xi) Securing the co-operation of the people and the panchayats
during epidemics.

(xii) Carrying out environmental sanitation campaigns and
educating the public in (a) nutrition, (b) maternity and child
health (c) communicable diseases and (d) family planning and
the like.

(xiii) Implementing health programme subject to the technical
control of concerned district officers.

**5. EDUCATION - Maintenance and expansion to Elementary and Basic Schools**
and in particular, 
(i) management of Government and taken over Aided Elementary
and Higher Elementary Schools;

(ii) establishment of Adult Education Centres and Adult Literacy
Centres;

(iii) provision and improvement of accommodation for schools
with people's participation;

(iv) conversion of existing Elementary Schools into Basic
Schools; and

(v) taking of such action as may be necessary for the promotion
of education for all children until they complete the age of
fourteen years.

**6. SOCIAL EDUCATION - The creation of a new outlook among the people and**
making them self-reliant, hard working and responsive to community action
and in particular, 
(i) establishment of information community and recreation
centre;

1. Substituted by the Act No. 5 of 1995, S.15, w.e.f. 30.12.1994.


-----

(ii) establishment of Youth Organisation, Mahila Mandals,
Farmer clubs and the like;

(iii) establishment and popularisation of libraries;

(iv) organisation of watch and ward;

(v) encouragement of physical and cultural activities;

(vi) organisation of voluntary sanitary squads;

(vii) training and utilisation of the services of Gram Sahayaks.

**7. COMMUNICATION -**

(i) Formation and maintenance of inter village roads;

(ii) Rendering such assistance as may be necessary for the
formation and maintenance of Village Roads which serve as
feeders.

**8. CO-OPERATION- The Securing of economic development along democratic**
lines by the application of co-operation in its infinitely varying forms and in
particular, 
(i) establishment of Co-Operative Credit, Industrial, Irrigation,
Farming and Multipurpose Societies in order to serve the
maximum number of families.

(ii) encouragement of thirft and small savings.

**9. COTTAGE INDUSTRIES - Development of cottage, village and small scale**
industries in order to provide better employment opportunities and thereby
raise the standard of living and in particular, 
(i) the establishment and maintenance of production-cumtraining centres;

(ii) the improvement of the skills of artisans and craftsmen;

(iii) the popularisation of improved implements; and

(iv) Implementationof schemes for the development of cottage,
village and Small Scale Industries financed by the Khadi and
Village Industries Commission and the All India Boards.

**10. Women Welfare - The implementation of schemes specially designed for**
Welfare of women and children and in particular the establishment of Women
and Child Welfare Centres, Literacy Centres, Crafts and Dress Making Centres
and like.

**11. SOCIAL WELFARE -**

(i) The management of hostels subsidised by Government for the
benefit of Scheduled Tribes, Scheduled Castes and Backward
Classes;

(ii) The implementation of Rural Housing Schemes;

(iii) The maintenance of diseased beggers and control of
vagrancy;

(iv) The strengthening of Voluntary Social Welfare Organisations
and Co-ordinating their activities;

(v) The propagation of temperance and prohibition; and

(vi) The removal of untouchability.


-----

**12. Emergency Relief - Provision of emergency relief through voluntary efforts**
in case of distress owing to fires, floods, epidemics and other wide spread
calamities.

**13. Collection of Statistics - Collection and compilation of such statistics as**
may be found necessary either by the Mandala Parishad, the *[Zilla Praja
Parishad] or the Government.

**14.** **Self-Help** **Programme -** Formulation and execution of suitable
programmes for stepping-up production and for raising the incomes and
standards of living for the improvement of sanitation and for the provision of
amenities for the people.

**15. Trusts - Management of trusts for the furtherence of any purpose to which**
the funds of the *[Mandal Praja Parishad] may be applied.]


-----

**SCHEDULE III**
**ORDINARY PENALTIES,**
**(Section 271)**

|Section|Sub- Section of clause|SUBJECT|Fine which may be imposed|
|---|---|---|---|
|(1)|(2)|(3)|(4)|
|81|(2)|Disobeying notice prohibiting use of water to which public haveaccess.|Fifty rupees|
|82|(a)|Bathing etc., in places set apart for drinking purposes.|-do -|
|82|(b)|Depositing any offensive etc., matter in places set apart for drinking purposes.|-do -|
|82|(c)|Washing clothes in places set apart for drinking bathing or washing clothes.|-do -|
|82|(d)|Washing animals etc., in places set apart for drinking bathing or washing clothes.|-do -|
|82|(e)|Allowing water from a sink, sewer etc., into places set apart for drinking, bathing or washing clothes.|-do -|
|85|(1)|Failure to register any place for the disposal of the dead.|One hundred rupees|
|86|(1)|Opening etc., or using any place for the disposal of the dead without a licence.|-do -|
|89|...|Burying, burning etc., of corpse within two hundred metres of dwelling place or source of drinking water supply.|-do -|
|90|...|failure to give information of burials or burning in a burial ground or burning ground.|Twenty rupees|


-----

|91|(3)|Buying or burning or otherwise disposing of a corpse in a prohibited place.|One hundred rupees|
|---|---|---|---|
|93|...|Allowing filth to flow in public road etc.,|Twenty rupees|
|94|(1)|Failure to execute the work as required by the notice.|Fifty rupees|
|95|(1)|Quarrying near a public road, etc., without a licence|-do -|
|96|...|Unlawful building of wall or erecting of fence, etc., in or over public road.|One hundred rupees|
|97|...|Allowing doors, ground floor windows, etc., to open outwards without licence or contrary to notice.|Twenty rupees|
|98|(1)|failureto remove or alter encroachment.|Two hundred rupees|
|100|(1)|Unlawful construction of building over a drain on ground levelled etc., by rubbish.|-do -|
|100|(2)|Failure to obey requisition to demolish a building constructed without permission or contrary to the terms of permission.|-do -|
|101|(1)|Unlawful making of hole or placing obstruction in public road.|Fifty rupees|
|101|(2)|Failure to fence, enclose etc., hole or obstruction.|-do -|
|102|(1)|Planting of trees without permission on any public road or other property vested in a gram panchayat.|Two hundred rupees|
|102|(2)|Felling, etc. without permission, of trees growing on public road or other property vested in a gram panchayat or on a|Two hundred rupees|


-----

|Col1|Col2|poramboke or land the use of which is regulated by it under section 102.|Col4|
|---|---|---|---|
|103|(2)|Failure to remove any building etc., on land vested in gram panchayat.|-do -|
|105|(1)|Opening or keeping open a private Market in contravention of section 105.|Five hundred rupees|
|108|...|Failure to obey directions to construct approaches, etc., for a private market or to roof etc.,|One hundred rupees|
|110|...|Sale or exposure for sale in public or private market of any animal or articles without permission.|Twenty rupees|
|111.|....|Sale etc., articles in public roads or places after prohibition or without licence or contrary to regulations.|Ten rupees|
|115.|(b)|Using any public place or roadside as a landing or halting place or as a cart- stand within prohibited distance|Fifty rupees|
|116|(1)|Opening a new private cart-stand or continuing to keep open a private cart- stand without licence or contrary to licence.|Two hundred rupees|
|118|(a)|Slaughtering, cutting up or skinning etc., cattle etc., outside slaughter house.|Two hundred rupees|
|118|(b)|Slaughtering etc. any cattle., etc. without licence or contrary to licence.|Twenty rupees|
|119.|...|Using a place for any of the purposes specified in Schedule III without licence or contrary to licence.|One hundred rupees|


-----

|120.|...|Unlawful erection of factory, workshop.|One thousand rupees|
|---|---|---|---|
|122.|...|Disobedience of order regarding abatement of nuisance.|One hundred rupees|
|126.|(2)|Unlawful defacement etc., of numbers assigned to buildings.|Five rupees|
|126.|(3)|Failure to replace number when required to do so.|Twenty rupees|
|127.|(7)|Failure to produce licence on request.|Five rupees|
|144.|...|Obstructing a person in the use or enjoyment of a public road, market, well, tank, etc.,|One hundred rupees|


-----

**SCHEDULE - IV**
**PENALTIES FOR CONTINUING BREACHES.**
**(Section 271)**

|Section|Sub- Section or clause|SUBJECT|Daily fine which may be imposed.|
|---|---|---|---|
|(1)|(2)|(3)|(4)|
|81|(2)|Disobeying notice prohibiting use of water to which public have access.|Ten rupees|
|82|(e)|Allowing water from a sink, sewer, etc., into place set apart for drinking, bathing or washing clothes.|-do -|
|86|(1)|Using any place for the disposal of the dead without a licence.|Twenty rupees for each occasion|
|93|...|Allowing filth to flow in public roads etc.,|Ten rupees|
|94|(1)|Failure to execute the work as required by the notice.|-do -|
|95|(1)|Quarrying near a public Road etc., without alicence.|-do -|
|96|...|Unlawful building of wall or erecting fence, etc., in or over public road.|Twenty rupees|
|97|...|Allowing doors, ground floor, windows etc., to open outwards without licence or contrary to notice.|Ten rupees|
|98|(1)|Failure to remove or alter encroachment.|Ten rupees|
|100|(1)|Unlawful construction of building over a drain or on ground levelled etc, by rubbish.|Fifty rupees|
|100|(2)|Failure to obey requisition to demolish a building constructed without permission or contrary to the terms of permission.|Fifty rupees|


-----

|101|(1)|Unlawful making of hole or placing obstruction in public road.|Ten rupees|
|---|---|---|---|
|103|(2)|Failure to remove any building etc., on land vested in gram panchayat.|Fifty rupees|
|105|(1)|Opening or keeping a private market in contravention of section.... 105.|One hundred rupees|
|108|...|Failure to obey direction to construction, approaches, etc., for a private market or to roof etc.,|Ten rupees|
|110|...|saleor exposure for sale, in public or private market of animal or article without permission.|Ten rupees|
|116|(1)|Keeping open a private cart-stand without licence or contrary to licence.|Twenty rupees|
|119|...|Using a place for any of the purposes specified in Schedule III without licence or contrary to licence.|-do -|
|120|...|Unlawful erection of factory, workshop etc.,|One hundred rupees|
|122|...|Disobedience of order regarding abatement of nuisance.|Fifty rupees|


-----

**SCHEDULE - V**
**TRANSITIONAL PROVISIONS (GRAM PANCHAYATS)**
**(SECTION 274)**

**1. Definitions - In these rules, unless the context otherwise requires, -**

(a) “Old Panchayats Act” means the Andhra Pradesh Gram
Panchayats Act, 1964;

(b) “Panchayat” means a panchayat constituted under the old
Panchayats Act;

(c) 'Member' means a member of a panchayat constituted under the
old Panchayats Act;

(d) 'Sarpanch' means a Sarpanch of a gram panchayat constituted
under the old Panchayats Act.

**2. Existing villages to be deemed to be villages for purposes of this Act- (1)**
Every local area which, at the commencement of this act, is a village under the
old Panchayats Act shall be deemed to have been declared to be a village under
this Act.

(2) Every gram panchayat in existence at the commencement of this Act
shall be deemed to be a gram panchayat constituted under this Act.

**3. Total number of members of gram panchayats** - Notwithstanding
anything contained in this Act, the total number of members of a gram
panchayat fixed under the old Panchayats Act, shall be deemed to be the total
number of members of the gram panchayat as deemed to have been
constituted under this Act by virtue of sub-rule (2) of rule 2 until their number
is altered by the Commissioner.

**4. Term of office of existing Sarpanches and members - (1) The Sarpanches**
and members of a gram panchayat holding office at the commencement of this
Act shall, subject to the provisions of sections 18 and 20, continue to hold
such office upto and inclusive of the date fixed by the Government or upto the
date on which special officers who may be appointed by the Commissioner
assume office whichever is early.

(2) Any vacancy in the office of the Sarpanch, the Upa-Sarpanch or a
member of a Gram Panchayat at the commencement of this Act or which may
occur thereafter shall not be filled until the next ordinary elections.

**5. First ordinary election - The *[Andhra Pradesh Election Commissioner for**
Local Bodies] shall cause, the first ordinary election under this Act to a Gram
Panchayat and the first meeting of the gram panchayat under sub-section (1) of
section 13 after such election, to be held on any day before the date appointed
by the said Commissioner.

**6. Reconstitution of Panchayats dissolved or superseded before the**
**commencement of this Act- Any Panchayat dissolved or superseded under**
the old Panchayats Act and awaiting reconstitution at the commencement of
this Act, shall be reconstituted in accordance with the provisions of this Act.

**7.** **Constitution** **of** **Panchayats** **for** **villages** **notified** **before** **the**
**commencement of this Act- Where, before the commencement of this Act, a**
village was notified under the old Panchayats Act, for constituting a panchayat
but no panchayat was constituted, the special officer appointed, if any,
therefor, shall be deemed to have been appointed under this Act and the
provisions of section 143 shall apply to such a case. Where no such special
officer was appointed, a special officer shall be appointed for such a village
under this Act as if it had been notified under this Act on the date of the
commencement of this Act.


-----

**8.** ***[Executive** **Authoritys]** **to** **be** **deemed** **to** **be** ***[Executive**
**Authoritys]appointed under this Act - The *[Executive Authoritys]of the gram**
panchayats which are deemed to be gram panchayats from the date of
commencement of this Act and holding office as such on the said date, shall be
deemed to have been appointed under this Act.

**9. Devolution of property, rights and liabilities - (1) All property, all rights of**
whatever kind, used, enjoyed or possessed by, and all interests of whatever
kind, owned by or vested in, or held in trust, by or for any panchayat, as well
as all liabilities legally subsisting against it, shall, on and from the date of
commencement of this Act and subject to such directions as the Government
may, by general or special order give in this behalf, pass to such gram
panchayat as deemed to be constituted under this Act.

(2) All arrears of taxes or other payments by way of composition for a tax
or due for expenses or compensation or otherwise due to a panchayat at the
commencement of this Act may be recovered as if they had accrued under this
Act.

(3) All proceedings taken by or against any panchayat or other authority
or any person under the old Panchayats Act in so far as they are not
inconsistent with this Act, be continued by or against such gram panchayat,
authority or person under this Act.

**10. Continuance of existing taxes - Any tax, cess, fee or duty which was**
being lawfully levied by or on behalf of any panchayat at the commencement of
this Act under any law, shall continue to be levied by or on behalf of the gram
panchayat at the rates fixed and in pursuance of the assessment made by or
under such law for the year in which this Act was brought into force and in the
subsequent years also until the Government, by general or special order,
otherwise direct, or assessment is made by or under this Act, whichever is
earlier.

**11. Action taken under old Panchayats Act to continue - Any action taken**
under the old Panchayats Act by any authority, before the commencement of
this Act shall, unless inconsistent with this Act, be deemed to have been taken
by the authority competent to take such action under this Act, unless and until
superseded by action taken by such authority, whether it be the same as the
authority competent to take such action under the old panchayats Act or not.

**12. Removal of difficulty- If any difficulty arises in giving effect to the**
provisions of these rules, the Government, as occasion may require, may after
previous publication, by notification in the Andhra Pradesh Gazette, do
anything which appears to them necessary for removing the difficulty.


-----

**SCHEDULE - VI**
**TRANSITIONAL PROVISIONS**
**(*[Mandal Praja Parishads] and *[Zilla Praja Parishad])**
**(Section 274)**

**Abolition of Mandala Praja Parishads and devolution of assets and**
**liabilities - (1) With effect on and from the constitution of a *[Mandal Praja**
Parishad] under this Act, the Mandal Praja Parishad or Parishads in the
Mandal for which the Mandal Panchayat is constituted, shall stand abolished.

(2) On such abolition of a Mandal Praja Parishad under sub-rule (1), (Act
31 of 1986),
(a) the collector may pass such orders as he deems fit as to the
devolution on the *[Mandal Praja Parishad] comprised in the area
of such Mandal of the assets or institutions belonging to such
Mandal Praja Parishad or Mandal Praja Parishads or as to the
disposal otherwise of such assets;

(b) all rights vesting in a Mandal Praja Parishad and all liabilities
against it shall devolve on the *[Mandal Praja Parishad] concerned;

(c) all contracts made by or on behalf of a Mandala Praja Parishad
prior to its abolition and subsisting on the day of such abolition
may be transferred by the Collector to the *[Mandal Praja
Parishad] concerned.

(3) In respect of all arrears of taxes or other payments by way of
composition for a tax, or due for expenses or compensation, or otherwise due to
the said Mandal Praja Parishad on such abolition, it shall be competent for the
Collector to pass such orders as he may deem fit for their recovery by
the *[Mandal Praja Parishad] as if they had accrued to it and had become due,
under the provisions of this Act.

(4) All taxes, fees and duties, which immediately before such abolition
were being levied by the said Mandal Praja Parishad shall be deemed to have
been levied by the relevant *[Mandal Praja Parishad] under the provisions of
this Act, and shall continue to be in force accordingly until such taxes, fees
and duties are revised, cancelled or superseded by anything done or any action
taken under this Act.

(5) All proceedings taken by or against the Mandal Praja Parishad or
authority or any person under the Andhra Pradesh Mandal Praja Parishads,
Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals
Act, 1986 (Act 31 of 1986) (hereinafter called the Mandals Act) may be
continued by or against the *[Mandal Praja Parishad], authority or person as if
the said proceedings had been started under the provisions of this Act.

(6) Any action taken under the Mandals Act by any authority before such
abolition shall be deemed to have been taken by the authority competent to
take such action under this Act as if this Act had then been in force.

(7) With effect on and from the constitution of *[Zilla Praja Parishad], for
any district under this Act, the Zilla Praja Parishad constituted for such district
under sub-section (1) of section 43 of the Mandals Act shall stand abolished.

(8) All assets and rights vesting in a Zilla Praja Parishad at the time of its
abolition under sub-section (7) and all liabilities against it at such abolition
under the Mandals Act or any other law for the time being in force, shall
devolve on the *[Zilla Praja Parishad], constituted under this Act.

(9) Notwithstanding anything in this Act, every officer or employee who
immediately before such abolition was in the service of the Zilla Praja Parishad
shall be deemed to be an officer or employee of the *[Zilla Praja Parishad],
under this Act and every officer or employee who, immediately before the
abolition of the Mandal Praja Parishad was in the service of the Mandal Praja
Parishad shall be the employee of one of the *[Mandal Praja Parishads], as may


-----

be ordered by the District Collector and it shall also be competent for the
District Collector to transfer such officer or employee to any other service as
may be directed by the Government:

Provided that, 
(i) the terms and conditions applicable to such officers and
employees consequent on their absorption in the service of
the *[Zilla Praja Parishad], or *[Mandal Praja Parishad], shall
not be less favourable than those applicable to such
employees immediately before such abolition as respects pay
and allowances, leave, pension, gratuity, provident fund and
age of superannuation; and

(ii) the services rendered by any such officer or other
employee under the Zilla Praja Parishad or Mandal Praja
Parishad upto such abolition shall be deemed to be service
under the*[Zilla Praja Parishad], constituted under this Act,
or as the case may be, of the *[Mandal Praja Parishad], and
he shall be entitled to count that service for the purpose of
increments, leave, pension, or provident fund and gratuity.

(10) "The Special Officers appointed under section 76 of the Andhra
Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and
Abhivrudhi Sameeksha Mandals Act, 1986 shall, notwithstanding the repeal of
the said Act continue to hold office and continue to exercise the same powers
and perform the same functions as they were exercising or performing
immediately before the commencement of this Act, until the first ordinary
elections to the *[Mandal Praja Parishads] and *[Zilla Praja Parishads] in
accordance with the provisions of this Act are held and the newly elected
members and office bearers thereof assume office."


-----

