Andhra Pradesh Municipal Corporations Act, 1994

{
    "id": 14629,
    "slug": "andhra-pradesh-municipal-corporations-act-1994-1994",
    "title": "Andhra Pradesh Municipal Corporations Act, 1994",
    "short_title": "Andhra Pradesh Municipal Corporations Act, 1994",
    "act_number": "(Act No. 25 of 1994)",
    "act_year": 1994,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Municipal Corporations Act, 1994",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) 'Corporation' means a Municipal Corporation deemed to have been constituted under Section 3;\n(b) 'Election authority' means such officer or authority as may be appointed by the State Election Commission to exercise such powers and to perform such functions in connection with the conduct of elections to the Municipal Corporations;\n(c) 'Finance Commission' means the Finance Commission constituted by the Governor under Article 243-I of the Constitution of India;\n(d) 'larger urban area' means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as may be prescribed, specify by notification for the purposes of this Act;\n(e) 'Scheduled Castes' and Scheduled tribes' shall have the meanings respectively assigned to them in clauses (24) and (25) of Article 366 of the Constitution of India;\n(f) 'State Election Commission' means the State Election Commission constituted in pursuance of Article 243-K of the Constitution of India;\n(g) 'Wards Committee' means a wards committee constituted under Section 10;\n(h) 'Words and expression' used in this Act but not defined shall have the meanings assigned to them in the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956).",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Specification of larger urban area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Municipal authorities.",
            "chapter": null,
            "content": "(a) a Corporation;\n(b) a Standing Committee;\n(c) a Commissioner;\n(d) the Wards Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Composition of Corporation.",
            "chapter": null,
            "content": "(i) such number of elected members as may be notified from time to time by the Government in the Andhra Pradesh Gazette, in accordance with such principles as may be prescribed:\n(ii) every Member of the Legislative Assembly of the State representing a constituency of which the concerned larger urban area or a portion thereof forms part:\n(iii) every member of the House of the People representing a constituency of which the concerned larger urban area or a portion thereof forms part:\n(iv) every member of the Council of States registered as an elector within the larger urban area concerned ex-officio;\n(v) five persons having special knowledge or experience in Municipal Administration co-opted by the Corporation:\n(vi) two persons belonging to minorities to be co-opted as members of the Corporation in the prescribed manner by the members of the Corporation specified in sub-clauses (i) to (iv) from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Reservation of seats.",
            "chapter": null,
            "content": "(a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Corporation, as the population of the Scheduled Castes, or as the case may be Scheduled Tribes in the Corporation bears to the total population of the Corporation; and such seats may be allotted by rotation to different wards in the Corporation;\n(b) one-third of the total number of seats for members belonging to Backward Classes; and such seats may be allotted by rotation to different wards in the Corporation;\n(c) not less than one-third of the total number of seats reserved under clauses (a) and (b) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;\n(d) not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to the Corporation shall be reserved for women and such seats may be allotted by rotation to different wards in a Corporation.\n(i) nothing in this section 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 Corporation;\n(ii) the expression Backward Classes' means any socially and educationally Backward Classes of citizens recognised by the Government for purposes of clause (4) of Article 15 of the Constitution of India; [without reference to the classification but including the creamy layer amongst such Backward classes of citizens.]\n(iii) * * * * *",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Term of Office of members and filling of seats.",
            "chapter": null,
            "content": "(b) An ex-officio member specified under clause (ii) or (iii) or (iv) of Section 5 shall hold office so long as he continues to be the Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament and the ex-officio members specified under clauses (v) and (vi) of Section 5 shall be co-terminus with the elected members.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Casual Vacancies of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Election and term of office of Mayor.",
            "chapter": null,
            "content": "(b) if at any election held under this sub-section, no Mayor is elected a fresh election shall be held: Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected as Mayor, he shall cease to hold the said office of Mayor unless, within fifteen days from the date of election to the said office, he ceases to be Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, and if a Mayor subsequently becomes a Member of the Legislative Assembly of the State or as the case may be of either House of Parliament, he shall cease to hold the said office of Mayor unless, within 15 days from the date on which he so becomes such member, he ceases to be a Member of the Legislative Assembly of the State, or as the case may be, of either House of Parliament.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "9A",
            "title": "9A. Election of Deputy Mayor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10",
            "title": "10. Constitution, powers and functions of the Wards Committees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "11",
            "title": "11. State Election Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "12",
            "title": "12. Finance Commission.",
            "chapter": null,
            "content": "(a) the principles which should govern,-\n(i) the distribution between the State and the Corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this part and the allocation between the Corporation of their respective shares of such proceeds;\n(ii) the determination of the taxes, tolls and fees which may be assigned to, or appropriated by the Corporation;\n(iii) the grants-in-aid to the Corporation from the Consolidated Fund of the State;\n(b) the measures needed to improve the financial position of the Corporation;\n(c) any other matter referred to the Finance Commission by the Government in the interests of sound finances of the Corporation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "13",
            "title": "13. Andhra Pradesh Municipalities Act, 1965 not to apply on specification as larger Urban area.",
            "chapter": null,
            "content": "(a) the previous operation of the Andhra Pradesh Municipalities Act, 1965 in respect of the local area comprised within any newly specified larger urban area for which a Corporation is constituted;\n(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Andhra Pradesh Municipalities Act, 1965, or\n(c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "14",
            "title": "14. Application of the provisions of the Hyderabad Municipal Corporation Act, 1955 (Act II of 1956).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "14A",
            "title": "14A. General provision for reservation of office of Mayor in the Corporations of the State.",
            "chapter": null,
            "content": "(i) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the conditions 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 Scheduled Tribes, as the case may be, in all the Corporations of the State bears to the total population in the Corporations of the State and such offices may be allotted by rotation to different Corporations in the State;\n(ii) one-third of the offices to the Backward Classes and such offices may be allotted by rotation to different Corporations in the State;\n(iii) not less than one-third of the total number of offices reserved under clauses (i) and (ii) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes; and\n(iv) 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 Corporations in the State.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "15",
            "title": "15. Levy and Collection of pipeline service charges.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "16",
            "title": "16. Transitional Provisions.",
            "chapter": null,
            "content": "(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 the Municipal Council, with all rights of whatever kind used, enjoyed or possessed by the said Council as well as all liabilities legally subsisting against the said Council, shall, on and from the commencement of this Act and subject to such directions as the Government may, by general or special order, give in this behalf, pass to the Corporation;\n(2) all arrears of taxes or other payments by way of compounding of a tax, or due for expenses or compensation or otherwise due to the said Council at such commencement may be recovered as if they had accrued to the Corporation and may be recovered as if the said arrears or payments had become due, under the provisions of this Act;\n(3) all taxes, fees and duties, which immediately before the commencement of this Act, were being levied by the said Council, shall be deemed to have been levied by the Corporation under the provisions of this Act and shall continue to be, in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act;\n(4) all proceedings taken by or against the Council or authority or any person under the Andhra Pradesh Municipalities Act, 1965, may be continued by or against the Corporation, authority, or person as if the said proceedings had been started under the provisions of this Act;\n(5) any action taken under the Andhra Pradesh Municipalities Act, 1965, by any authority before such commencement shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force;\n(6) notwithstanding this Act, every officer or employee who, immediately before such commencement was in the service of the Municipality shall be deemed to be an officer or employee of the Corporation;\n(i) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the Corporation shall not be less favourable than those applicable to such employees immediately before such commencement, as pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and\n(ii) the service rendered by any such officer or other employee under the municipality upto such commencement shall be deemed to be in service under the Corporation and he shall be entitled to count that service for the purpose of increments, leave, pension or provident fund and gratuity;\n(7) any division of the Municipality into wards made under the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) and in force at the commencement of this Act, shall be deemed to be a division of the Corporation;\n(8) the electoral roll prepared for the Municipalities Act, 1965 (Act VI of 1965) and in force at the constitution of the Corporation shall be deemed to be the electoral roll for the Corporation until a new electoral roll is prepared and published; and the part of the said electoral roll relating to each ward of the Municipality shall be deemed to be the list of the electoral roll for the corresponding division of the Corporation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "17",
            "title": "17. Appointment of Special Officer.",
            "chapter": null,
            "content": "(a) the Corporation;\n(b) the Standing Committee;\n(c) the Commissioner; and\n(d) the Wards Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "18",
            "title": "18. Power to make Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "19",
            "title": "19. Repeal of Ordinance 9 of 1994.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 15th October, 2019 [ap399]",
        "Act Number": "(Act No. 25 of 1994)",
        "Enactment Date": "",
        "Act Year": "1994",
        "Short Title": "Andhra Pradesh Municipal Corporations Act, 1994",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}