{ "id": 2750, "slug": "the-andhra-pradesh-panchayat-raj-act-1994", "title": "THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994", "short_title": "The Andhra Pradesh Panchayat Raj Act, 1994", "act_number": "13", "act_year": 1994, "act_type": "STATE", "location": "Andhra Pradesh", "law_status": "unknown", "enactment_date": "1994-03-30", "description": "The Andhra Pradesh Panchayat Raj Act, 1994", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "An ACT", "chapter": null, "content": "AN ACT TO PROVIDE FOR THE CONSTITUTION OF GRAM PANCHAYATS, MANDAL PARISHADS AND ZILLA PARISHADS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.\nBe it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-fourth Year of the Republic of India as follows:-", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "CHAPTER I - PRELIMINARY", "chapter": "CHAPTER I", "content": "PART-I - PRELIMINARY", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "1", "title": "Section 1(1)", "chapter": null, "content": "This Act may be called the Short Andhra Pradesh Panchayat Raj Act, 1994.", "footnote": "Received the assent of the Governor on the 30th March, 1994. For Statement of objects and Reasons, Please see Andhra Pradesh Gazette, Part IV-A, Extra-ordinary, dated the 28th March, 1994 at Page 91.", "is_definition": false, "sort_order": 20 }, { "number": "1", "title": "Section 1(2)", "chapter": null, "content": "It extends to the whole of the State of Andhra Pradesh, except,-", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "1", "title": "Section 1(2)(a)", "chapter": null, "content": "the Municipal Corporations governed by any law relating to Municipal Corporations for the time being in force in the State;", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "1", "title": "Section 1(2)(b)", "chapter": null, "content": "the Municipalities governed by the law relating to municipalities for the time being in force in the State;", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "1", "title": "Section 1(2)(c)", "chapter": null, "content": "A Notified Area declared under section 389A of the Andhra Pradesh Municipalities Act, 1965;", "footnote": "Act 6 of 1965.", "is_definition": false, "sort_order": 60 }, { "number": "1", "title": "Section 1(2)(d)", "chapter": null, "content": "the mining settlements governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956; and", "footnote": "Act XLIV of 1956.", "is_definition": false, "sort_order": 70 }, { "number": "1", "title": "Section 1(2)(e)", "chapter": null, "content": "the cantonments governed by the Cantonments Act, 1924.", "footnote": "Central Act 2 of 1924.", "is_definition": false, "sort_order": 80 }, { "number": "1", "title": "Section 1(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "2", "title": "Section 2(i)", "chapter": null, "content": "'Andhra Area' means the territories of the State of Andhra Pradesh other than the Telangana area;", "footnote": "", "is_definition": true, "sort_order": 100 }, { "number": "2", "title": "Section 2(2)", "chapter": null, "content": "'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;", "footnote": "", "is_definition": true, "sort_order": 110 }, { "number": "2", "title": "Explanation to Section 2(2)", "chapter": null, "content": "For the removal of doubts it is hereby declared that for the purposes of reservation of seats or offices under this Act to the persons belonging to the Backward Classes.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "2", "title": "Section 2(2)(1)", "chapter": null, "content": "The population figures of the Backward Classes shall be gathered by such authority and in such manner as may be prescribed.", "footnote": "", "is_definition": true, "sort_order": 130 }, { "number": "2", "title": "Section 2(2)(2)", "chapter": null, "content": "The backward classes may be classified into four categories on the basis of the extent of their social and educational backwardness in accordance with such rules as may be made in this behalf.", "footnote": "", "is_definition": true, "sort_order": 140 }, { "number": "2", "title": "Section 2(3)", "chapter": null, "content": "'building' includes a house, out-house, shop, stable, latrine, shed (other than a cattle shed in an agricultural land), hut, wall and any other such structure whether of masonry, bricks, wood, mud, metal or other material whatsoever;", "footnote": "", "is_definition": true, "sort_order": 150 }, { "number": "2", "title": "Section 2(4)", "chapter": null, "content": "'casual vacancy' means a vacancy occurring otherwise than by efflux of time, and 'casual election' means an election held to fill a casual vacancy;", "footnote": "", "is_definition": true, "sort_order": 160 }, { "number": "2", "title": "Section 2(5)", "chapter": null, "content": "'Chairman' means the Chairman of a Zilla Parishad elected under section 181;", "footnote": "", "is_definition": true, "sort_order": 170 }, { "number": "2", "title": "Section 2(6)", "chapter": null, "content": "'Chief Executive Officer' means the Chief Executive Officer of the Zilla Parishad appointed under section 186;", "footnote": "", "is_definition": true, "sort_order": 180 }, { "number": "2", "title": "Section 2(7)", "chapter": null, "content": "'Collector' means any officer in-charge of a Revenue Division and includes a Deputy Collector a Sub-Collector and an Assistant Collector;", "footnote": "", "is_definition": true, "sort_order": 190 }, { "number": "2", "title": "Section 2(8)", "chapter": null, "content": "'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;", "footnote": "", "is_definition": true, "sort_order": 200 }, { "number": "2", "title": "Section 2(9)", "chapter": null, "content": "'Company' means a Company as defined in the Companies Act, 1956, and includes a foreign company within the meaning of section 591 of that Act;", "footnote": "Central Act 1 of 1956.", "is_definition": true, "sort_order": 210 }, { "number": "2", "title": "Section 2(10)", "chapter": null, "content": "'District Munsif' means the District Munsif appointed under the Andhra Pradesh Civil Courts Act, 1972;", "footnote": "Act 19 of 1972.", "is_definition": true, "sort_order": 220 }, { "number": "2", "title": "Section 2(11)", "chapter": null, "content": "'election authority' means such authority not being a member or office bearer of any local authority as may, by notification, be appointed by the State Election Commissioner;", "footnote": "", "is_definition": true, "sort_order": 230 }, { "number": "2", "title": "Section 2(12)(i)", "chapter": null, "content": "in the case of a gram panchayat or a group of gram panchayats having an executive officer, the executive officer and if there is no executive officer in charge, the Sarpanch of the gram panchayat;", "footnote": "", "is_definition": true, "sort_order": 240 }, { "number": "2", "title": "Section 2(12)(ii)", "chapter": null, "content": "in the case of any other gram panchayat, the Sarpanch thereof;", "footnote": "", "is_definition": true, "sort_order": 250 }, { "number": "2", "title": "Section 2(13)", "chapter": null, "content": "'executive officer' means the Executive Officer-Cum-Village Development Officer of a gram panchayat or a group of gram panchayats;", "footnote": "", "is_definition": true, "sort_order": 260 }, { "number": "2", "title": "Section 2(14)", "chapter": null, "content": "'Factory' means a factory as defined in the Factories Act, 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;", "footnote": "Central Act 63 of 1948.", "is_definition": true, "sort_order": 270 }, { "number": "2", "title": "Section 2(15)", "chapter": null, "content": "'Finance Commission' means the Finance Commission constituted by the Governor under section 235;", "footnote": "", "is_definition": true, "sort_order": 280 }, { "number": "2", "title": "Section 2(16)", "chapter": null, "content": "'Government' means the State Government;", "footnote": "", "is_definition": true, "sort_order": 290 }, { "number": "2", "title": "Section 2(17)", "chapter": null, "content": "'gram panchayat' means the body constituted for the local administration of a village under this Act;", "footnote": "", "is_definition": true, "sort_order": 300 }, { "number": "2", "title": "Section 2(18)", "chapter": null, "content": "'gram sabha' means the gram sabha which comes into existence under section 6;", "footnote": "", "is_definition": true, "sort_order": 310 }, { "number": "2", "title": "Section 2(19)", "chapter": null, "content": "'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-stand, cattle shed (other than a cattle shed in an agricultural land, poultry shed or dairy shed);", "footnote": "", "is_definition": true, "sort_order": 320 }, { "number": "2", "title": "Section 2(20)", "chapter": null, "content": "'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;", "footnote": "", "is_definition": true, "sort_order": 330 }, { "number": "2", "title": "Section 2(21)", "chapter": null, "content": "'latrine' includes privy, water-closet and urinal;", "footnote": "", "is_definition": true, "sort_order": 340 }, { "number": "2", "title": "Section 2(22)", "chapter": null, "content": "'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;", "footnote": "Act 7 of 1974.", "is_definition": true, "sort_order": 350 }, { "number": "2", "title": "Section 2(23)", "chapter": null, "content": "'Mandal Parishad' means, a Mandal Parishad constituted or reconstituted under section 148;", "footnote": "", "is_definition": true, "sort_order": 360 }, { "number": "2", "title": "Section 2(24)", "chapter": null, "content": "'Mandal Parishad Development Officer' means, the Officer appointed by that designation under section 168,", "footnote": "", "is_definition": true, "sort_order": 370 }, { "number": "2", "title": "Section 2(25)", "chapter": null, "content": "'notification' means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;", "footnote": "", "is_definition": true, "sort_order": 380 }, { "number": "2", "title": "Section 2(26)", "chapter": null, "content": "'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep of which is or may be dangerous to life, or injurious to health or property;", "footnote": "", "is_definition": true, "sort_order": 390 }, { "number": "2", "title": "Section 2(27)", "chapter": null, "content": "'ordinary vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an election held to fill an ordinary vacancy;", "footnote": "", "is_definition": true, "sort_order": 400 }, { "number": "2", "title": "Section 2(28)(a)", "chapter": null, "content": "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", "footnote": "", "is_definition": true, "sort_order": 410 }, { "number": "2", "title": "Section 2(28)(b)", "chapter": null, "content": "the person for the time being in charge of the animal or vehicle in connection with which the word is used;", "footnote": "", "is_definition": true, "sort_order": 420 }, { "number": "2", "title": "Section 2(29)", "chapter": null, "content": "'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;", "footnote": "", "is_definition": true, "sort_order": 430 }, { "number": "2", "title": "Section 2(30)", "chapter": null, "content": "'prescribed' means prescribed by the Government by rules made under this Act;", "footnote": "", "is_definition": true, "sort_order": 440 }, { "number": "2", "title": "Section 2(31)", "chapter": null, "content": "'president' means the President of a Mandal Parishad elected under section 153;", "footnote": "", "is_definition": true, "sort_order": 450 }, { "number": "2", "title": "Section 2(32)", "chapter": null, "content": "'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;", "footnote": "", "is_definition": true, "sort_order": 460 }, { "number": "2", "title": "Section 2(33)", "chapter": null, "content": "'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,-", "footnote": "", "is_definition": true, "sort_order": 470 }, { "number": "2", "title": "Section 2(33)(a)", "chapter": null, "content": "the roadway over any public bridge or cause-way;", "footnote": "", "is_definition": true, "sort_order": 480 }, { "number": "2", "title": "Section 2(33)(b)", "chapter": null, "content": "the footway attached to any such road, public bridge or cause-way; and", "footnote": "", "is_definition": true, "sort_order": 490 }, { "number": "2", "title": "Section 2(33)(c)", "chapter": null, "content": "the drains attached to any such road, public bridge or cause-way, and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to Government;", "footnote": "", "is_definition": true, "sort_order": 500 }, { "number": "2", "title": "Section 2(34)", "chapter": null, "content": "'qualifying date' in relation to the preparation or revision of every electoral roll under this Act means the first day of January or the first day of July of the year in which it is so prepared or revised, whichever is nearest to the date of such preparation or revision;", "footnote": "", "is_definition": true, "sort_order": 510 }, { "number": "2", "title": "Section 2(35)", "chapter": null, "content": "'registered voter' in the \"Mandal 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;", "footnote": "", "is_definition": true, "sort_order": 520 }, { "number": "2", "title": "Section 2(36)", "chapter": null, "content": "'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;", "footnote": "", "is_definition": true, "sort_order": 530 }, { "number": "2", "title": "Section 2(37)", "chapter": null, "content": "\"Sarpanch\" means the Sarpanch of a gram Panchayat elected under section 14;", "footnote": "", "is_definition": true, "sort_order": 540 }, { "number": "2", "title": "Section 2(38)", "chapter": null, "content": "'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;", "footnote": "", "is_definition": true, "sort_order": 550 }, { "number": "2", "title": "Section 2(39)", "chapter": null, "content": "'State Election Commission' means the State Election Commission constituted under section 200;", "footnote": "", "is_definition": true, "sort_order": 560 }, { "number": "2", "title": "Section 2(40)", "chapter": null, "content": "'State Election Commissioner' means a State Election Commissioner appointed by the Governor under sub-section (2) of section 200;", "footnote": "", "is_definition": true, "sort_order": 570 }, { "number": "2", "title": "Section 2(41)", "chapter": null, "content": "'Telangana area' means the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956;", "footnote": "Central Act, 37 of 1956.", "is_definition": true, "sort_order": 580 }, { "number": "2", "title": "Section 2(42)", "chapter": null, "content": "'village' means any local area which is declared to be a village under this Act;", "footnote": "", "is_definition": true, "sort_order": 590 }, { "number": "2", "title": "Section 2(43)", "chapter": null, "content": "'water-course' includes any river, stream or channel, whether natural or artificial;", "footnote": "", "is_definition": true, "sort_order": 600 }, { "number": "2", "title": "Section 2(44)", "chapter": null, "content": "'year' means the financial year;", "footnote": "", "is_definition": true, "sort_order": 610 }, { "number": "2", "title": "Section 2(45)", "chapter": null, "content": "'zilla Parishad' means a Zilla Parishad constituted under section 177.", "footnote": "", "is_definition": true, "sort_order": 620 }, { "number": "3", "title": "Section 3(1)", "chapter": null, "content": "The Commissioner may, by notification and in accordance with the rules made by the Government in this behalf, for the purpose 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.", "footnote": "", "is_definition": false, "sort_order": 630 }, { "number": "3", "title": "Explanation to Section 3(1)", "chapter": null, "content": "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 -", "footnote": "", "is_definition": false, "sort_order": 640 }, { "number": "3", "title": "Section 3(1)(a)", "chapter": null, "content": "a municipal corporation governed by the relevant law relating to Municipal Corporations for the time being in force in the State;", "footnote": "", "is_definition": false, "sort_order": 650 }, { "number": "3", "title": "Section 3(1)(b)", "chapter": null, "content": "a municipality governed by the law relating to Municipalities for the time being in force in the State;", "footnote": "", "is_definition": false, "sort_order": 660 }, { "number": "3", "title": "Section 3(1)(c)", "chapter": null, "content": "a mining settlement governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956;", "footnote": "Act XLIV of 1956.", "is_definition": false, "sort_order": 670 }, { "number": "3", "title": "Section 3(1)(d)", "chapter": null, "content": "a cantonment governed by the Cantonments Act, 1924.", "footnote": "Central Act 2 of 1924.", "is_definition": false, "sort_order": 680 }, { "number": "3", "title": "Section 3(2)", "chapter": null, "content": "The Commissioner may, by notification and in accordance with such rules as may be prescribed in this behalf-", "footnote": "", "is_definition": false, "sort_order": 690 }, { "number": "3", "title": "Section 3(2)(a)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 700 }, { "number": "3", "title": "Section 3(2)(b)", "chapter": null, "content": "increase the local area of any village;", "footnote": "", "is_definition": false, "sort_order": 710 }, { "number": "3", "title": "Section 3(2)(c)", "chapter": null, "content": "diminish the local area of any village;", "footnote": "", "is_definition": false, "sort_order": 720 }, { "number": "3", "title": "Section 3(2)(d)", "chapter": null, "content": "alter the boundaries of any village;", "footnote": "", "is_definition": false, "sort_order": 730 }, { "number": "3", "title": "Section 3(2)(e)", "chapter": null, "content": "alter the name of any village;", "footnote": "", "is_definition": false, "sort_order": 740 }, { "number": "3", "title": "Section 3(2)(f)", "chapter": null, "content": "cancel a notification issued under sub-section (1).", "footnote": "", "is_definition": false, "sort_order": 750 }, { "number": "3", "title": "Section 3(3)", "chapter": null, "content": "The Commissioner may pass such orders as he may deem fit,-", "footnote": "", "is_definition": false, "sort_order": 760 }, { "number": "3", "title": "Section 3(3)(a)", "chapter": null, "content": "as to the disposal of the property vested in a gram panchayat which has ceased to exist, and the discharge of its liabilities; and", "footnote": "", "is_definition": false, "sort_order": 770 }, { "number": "3", "title": "Section 3(3)(b)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 780 }, { "number": "3", "title": "Section 3(3)(b)(i)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 790 }, { "number": "3", "title": "Section 3(3)(b)(ii)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 800 }, { "number": "4", "title": "Section 4(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 810 }, { "number": "4", "title": "Section 4(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 820 }, { "number": "4", "title": "Section 4(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 830 }, { "number": "5", "title": "Section 5(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 840 }, { "number": "5", "title": "Section 5(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 850 }, { "number": "5", "title": "Section 5(3)", "chapter": null, "content": "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 Chairman to be nominated by the Government and the following official and non-official members, namely:-", "footnote": "", "is_definition": false, "sort_order": 860 }, { "number": "5", "title": "Section 5(3)(A)(i)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 870 }, { "number": "5", "title": "Section 5(3)(A)(ii)", "chapter": null, "content": "the Chief Executive Officer of the Zilla Parishad concerned;", "footnote": "", "is_definition": false, "sort_order": 880 }, { "number": "5", "title": "Section 5(3)(A)(iii)", "chapter": null, "content": "the Divisional Engineer, Electricity Board, in whose jurisdiction the township is located;", "footnote": "", "is_definition": false, "sort_order": 890 }, { "number": "5", "title": "Section 5(3)(A)(iv)", "chapter": null, "content": "the Executive Engineer, Panchayat-Raj of the Division in which the township is located; and", "footnote": "", "is_definition": false, "sort_order": 900 }, { "number": "5", "title": "Section 5(3)(A)(v)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 910 }, { "number": "5", "title": "Section 5(3)(B)(i)", "chapter": null, "content": "the Member of the Lok Sabha in whose constituency the township is located;", "footnote": "", "is_definition": false, "sort_order": 920 }, { "number": "5", "title": "Section 5(3)(B)(ii)", "chapter": null, "content": "the Member or Members of the Legislative Assembly in whose constituency the township is located;", "footnote": "", "is_definition": false, "sort_order": 930 }, { "number": "5", "title": "Section 5(3)(B)(iii)", "chapter": null, "content": "one woman member, who is a registered voter in the township to be nominated by the Government; and", "footnote": "", "is_definition": false, "sort_order": 940 }, { "number": "5", "title": "Section 5(3)(B)(iv)", "chapter": null, "content": "two persons who are registered voters in the township, other than those persons specified in item (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:", "footnote": "", "is_definition": false, "sort_order": 950 }, { "number": "5", "title": "Proviso to Section 5(3)(B)(iv)", "chapter": null, "content": "Provided that one of the Members to be nominated under this clause shall be a member belonging to the Scheduled Castes or Scheduled Tribes.", "footnote": "", "is_definition": false, "sort_order": 960 }, { "number": "5", "title": "Section 5(4)", "chapter": null, "content": "The Chairman 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.", "footnote": "", "is_definition": false, "sort_order": 970 }, { "number": "5", "title": "Section 5(5)", "chapter": null, "content": "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-", "footnote": "", "is_definition": false, "sort_order": 980 }, { "number": "5", "title": "Section 5(5)(i)", "chapter": null, "content": "the restrictions and conditions subject to which the township committee may perform its functions; and", "footnote": "", "is_definition": false, "sort_order": 990 }, { "number": "5", "title": "Section 5(5)(ii)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1000 }, { "number": "5", "title": "Section 5(6)", "chapter": null, "content": "Every township committee shall, in regard to the conduct of its business, follow such procedure as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 1010 }, { "number": "5", "title": "Section 5(7)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1020 }, { "number": "6", "title": "Section 6(1)", "chapter": null, "content": "There shall come into existence a gram sabha for every village on the date of publication of notification under section 3.", "footnote": "", "is_definition": false, "sort_order": 1030 }, { "number": "6", "title": "Section 6(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1040 }, { "number": "6", "title": "Section 6(3)", "chapter": null, "content": "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:-", "footnote": "", "is_definition": false, "sort_order": 1050 }, { "number": "6", "title": "Section 6(3)(i)", "chapter": null, "content": "annual statement of accounts and audit report;", "footnote": "", "is_definition": false, "sort_order": 1060 }, { "number": "6", "title": "Section 6(3)(ii)", "chapter": null, "content": "report on the administration of the preceding year;", "footnote": "", "is_definition": false, "sort_order": 1070 }, { "number": "6", "title": "Section 6(3)(iii)", "chapter": null, "content": "programme of works for the year or any new programme not covered by the budget or the annual programme;", "footnote": "", "is_definition": false, "sort_order": 1080 }, { "number": "6", "title": "Section 6(3)(iv)", "chapter": null, "content": "proposals for fresh taxation or for enhancement of existing taxes;", "footnote": "", "is_definition": false, "sort_order": 1090 }, { "number": "6", "title": "Section 6(3)(v)", "chapter": null, "content": "selection of schemes, beneficiaries and locations; and", "footnote": "", "is_definition": false, "sort_order": 1100 }, { "number": "6", "title": "Section 6(3)(vi)", "chapter": null, "content": "such other matter as may be prescribed.\nThe gram panchayat shall give due consideration to the suggestions, if any, of the gram sabha.", "footnote": "", "is_definition": false, "sort_order": 1110 }, { "number": "6", "title": "Section 6(4)", "chapter": null, "content": "The gram sabha shall observe such rules of procedure at its meetings as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 1120 }, { "number": "6", "title": "Section 6(5)", "chapter": null, "content": "Every meeting of the gram sabha shall be convened by the Executive Officer and shall be presided over by the Sarpanch or in his absence by the Upa-Sarpanch of the gram panchayat.", "footnote": "", "is_definition": false, "sort_order": 1130 }, { "number": "7", "title": "Section 7", "chapter": null, "content": "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:-\n\nTABLE\nGram Panchayat with a population at the last census. (1) | Number of members. (2)\nUpto 300 | 5\nExceeding 300 but not exceeding 500 | 7\nExceeding 500 but not exceeding 1,500 | 9\nExceeding 1,500 but not exceeding 3,000 | 11\nExceeding 3,000 but not exceeding 5,000 | 13\nExceeding 5,000 but not exceeding 10,000 | 15\nExceeding 10,000 but not exceeding 15,000 | 17\nExceeding 15,000 | between 19 and 21.", "footnote": "", "is_definition": false, "sort_order": 1140 }, { "number": "8", "title": "Section 8", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1150 }, { "number": "9", "title": "Section 9(1)", "chapter": null, "content": "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-", "footnote": "", "is_definition": false, "sort_order": 1160 }, { "number": "9", "title": "Section 9(1)(a)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 1170 }, { "number": "9", "title": "Section 9(1)(b)", "chapter": null, "content": "one-third of the total number of seats for the backward classes; and such seats may be allotted by rotation to different wards in the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 1180 }, { "number": "9", "title": "Section 9(1)(c)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 1190 }, { "number": "9", "title": "Section 9(1)(d)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1200 }, { "number": "9", "title": "Section 9(2)", "chapter": null, "content": "Nothing in sub-section (1) 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.", "footnote": "", "is_definition": false, "sort_order": 1210 }, { "number": "10", "title": "Section 10", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1220 }, { "number": "11", "title": "Section 11(1)", "chapter": null, "content": "The draft of the electoral roll for gram panchayat shall be prepared by the person authorised by the State Election Commissioner 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 upon its final publication in accordance with the rules made by the Government in this behalf. The draft of the 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 as revised or amended under the said Act, upto the qualifying date, as relates to the village or any portion thereof.", "footnote": "Central Act 43 of 1950.", "is_definition": false, "sort_order": 1230 }, { "number": "11", "title": "Explanation to Section 11(1)", "chapter": null, "content": "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 included in the electoral roll for the gram panchayat prepared for the purposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 1240 }, { "number": "11", "title": "Section 11(2)", "chapter": null, "content": "The said electoral roll for a gram panchayat-", "footnote": "", "is_definition": false, "sort_order": 1250 }, { "number": "11", "title": "Section 11(2)(a)", "chapter": null, "content": "shall, unless otherwise directed by the Government for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date-", "footnote": "", "is_definition": false, "sort_order": 1260 }, { "number": "11", "title": "Section 11(2)(a)(i)", "chapter": null, "content": "before each ordinary election; and", "footnote": "", "is_definition": false, "sort_order": 1270 }, { "number": "11", "title": "Section 11(2)(a)(ii)", "chapter": null, "content": "before each casual election, to fill a casual vacancy in the office of the Sarpanch and members of a gram panchayat; and", "footnote": "", "is_definition": false, "sort_order": 1280 }, { "number": "11", "title": "Section 11(2)(b)", "chapter": null, "content": "shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Government:", "footnote": "", "is_definition": false, "sort_order": 1290 }, { "number": "11", "title": "Proviso to Section 11(2)(b)", "chapter": null, "content": "Provided that if the electoral roll is not revised as aforesaid, the validity, or continued operation of the said electoral roll shall not thereby be affected.", "footnote": "", "is_definition": false, "sort_order": 1300 }, { "number": "11", "title": "Section 11(3)", "chapter": null, "content": "The final 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.", "footnote": "", "is_definition": false, "sort_order": 1310 }, { "number": "11", "title": "Section 11(4)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1320 }, { "number": "11", "title": "Section 11(5)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1330 }, { "number": "11", "title": "Section 11(6)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1340 }, { "number": "11", "title": "Explanation to Section 11(6)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1350 }, { "number": "12", "title": "Section 12", "chapter": null, "content": "Where, after the electoral roll for Rearrangement the gram panchayat has been published and republished under sub-section (1) of section 11, the cation of village is divided into wards for the electoral first time or the division of the village rolls. into wards is altered or the limits of the village are varied, the person authorised by the State Election Commissioner 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 a re-arrangement and re-publication of the electoral roll for the gram panchayat or any part of such roll in such manner as the State Election Commissioner may direct.", "footnote": "", "is_definition": false, "sort_order": 1360 }, { "number": "13", "title": "Section 13(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1370 }, { "number": "13", "title": "Section 13(2)", "chapter": null, "content": "Ordinary vacancies in the office of elected members shall be filled at ordinary elections which shall be fixed by the election authority to take place on such day or days within three months before the occurrence of the vacancies, as he thinks fit:", "footnote": "", "is_definition": false, "sort_order": 1380 }, { "number": "13", "title": "Proviso to Section 13(2)", "chapter": null, "content": "Provided that the State Election Commissioner 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.", "footnote": "", "is_definition": false, "sort_order": 1390 }, { "number": "13", "title": "Section 13(3)(a)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1400 }, { "number": "13", "title": "Section 13(3)(b)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1410 }, { "number": "13", "title": "Section 13(3)(c)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1420 }, { "number": "14", "title": "Section 14(1)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 1430 }, { "number": "14", "title": "Proviso to Section 14(1)", "chapter": null, "content": "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 Upa-Sarpanch 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.", "footnote": "", "is_definition": false, "sort_order": 1440 }, { "number": "14", "title": "Section 14(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1450 }, { "number": "14", "title": "Section 14(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1460 }, { "number": "14", "title": "Section 14(4)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1470 }, { "number": "14", "title": "Section 14(5)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1480 }, { "number": "14", "title": "Section 14(6)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1490 }, { "number": "14", "title": "Section 14(7)", "chapter": null, "content": "The Sarpanch shall be an ex-officio member of the gram panchayat and shall be entitled to vote at meetings of the gram panchayat.", "footnote": "", "is_definition": false, "sort_order": 1500 }, { "number": "14", "title": "Section 14(8)", "chapter": null, "content": "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 Parishad, or if he is interested in a subsisting contract made with or any work being done for, the Mandal Parishad within whose jurisdiction the gram panchayat is situated or any other gram panchayat within the jurisdiction of that Mandal Parishad:", "footnote": "", "is_definition": false, "sort_order": 1510 }, { "number": "14", "title": "Proviso to Section 14(8)", "chapter": null, "content": "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,-", "footnote": "", "is_definition": false, "sort_order": 1520 }, { "number": "14", "title": "Section 14(8)(i)", "chapter": null, "content": "a company as a mere shareholder but not as a director; or", "footnote": "", "is_definition": false, "sort_order": 1530 }, { "number": "14", "title": "Section 14(8)(ii)", "chapter": null, "content": "any lease, sale or purchase of immovable property or any agreement for the same; or", "footnote": "", "is_definition": false, "sort_order": 1540 }, { "number": "14", "title": "Section 14(8)(iii)", "chapter": null, "content": "any agreement for the loan of money or any security for the payment of money only; or", "footnote": "", "is_definition": false, "sort_order": 1550 }, { "number": "14", "title": "Section 14(8)(iv)", "chapter": null, "content": "any newspaper in which any advertisement relating to the affairs of any of the aforesaid gram panchayat is inserted.", "footnote": "", "is_definition": false, "sort_order": 1560 }, { "number": "14", "title": "Explanation to Section 14(8)", "chapter": null, "content": "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 Parishad has not performed its part of the contractual obligation.", "footnote": "", "is_definition": false, "sort_order": 1570 }, { "number": "14", "title": "Section 14(9)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 1580 }, { "number": "14", "title": "Proviso to Section 14(9)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1590 }, { "number": "14", "title": "Section 14(10)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 1600 }, { "number": "14", "title": "Proviso to Section 14(10)", "chapter": null, "content": "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 Upa-Sarpanch shall be held on the next day, whether or not it is a holiday observed by the gram panchayat:", "footnote": "", "is_definition": false, "sort_order": 1610 }, { "number": "14", "title": "Proviso to Section 14(10)", "chapter": null, "content": "Provided further that the Government 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.", "footnote": "", "is_definition": false, "sort_order": 1620 }, { "number": "15", "title": "Section 15(a)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 1630 }, { "number": "15", "title": "Section 15(b)", "chapter": null, "content": "one-third of the total number of offices of Sarpanch in the State to the Backward Classes; and such offices may be allotted by rotation to different gram panchayats in the State;", "footnote": "", "is_definition": false, "sort_order": 1640 }, { "number": "15", "title": "Section 15(c)", "chapter": null, "content": "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, backward classes; and", "footnote": "", "is_definition": false, "sort_order": 1650 }, { "number": "15", "title": "Section 15(d)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1660 }, { "number": "16", "title": "Section 16(1)", "chapter": null, "content": "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 State Election Commissioner in this behalf, may fix.", "footnote": "", "is_definition": false, "sort_order": 1670 }, { "number": "16", "title": "Section 16(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1680 }, { "number": "17", "title": "Section 17", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1690 }, { "number": "18", "title": "Section 18(1)", "chapter": null, "content": "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 any body 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.", "footnote": "", "is_definition": false, "sort_order": 1700 }, { "number": "18", "title": "Explanation to Section 18(1)", "chapter": null, "content": "For the purpose of this section the expression \"village servant\" means in relation to,-", "footnote": "", "is_definition": false, "sort_order": 1710 }, { "number": "18", "title": "Section 18(1)(i)", "chapter": null, "content": "the Andhra Area, any person who holds any of the village offices of nearaganti, neeradi, vetti, kawalkar toti, talayar, tandalgar, sathsindhi or any such village office by whatever designation it may be locally known;", "footnote": "", "is_definition": false, "sort_order": 1720 }, { "number": "18", "title": "Section 18(1)(ii)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1730 }, { "number": "18", "title": "Section 18(2)", "chapter": null, "content": "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 disloyalty to the State or to the local authority shall be disqualified for a period of five years from the date of such dismissal.", "footnote": "", "is_definition": false, "sort_order": 1740 }, { "number": "18", "title": "Section 18(3)", "chapter": null, "content": "For the purposes of sub-section (2), a certificate issued by the State Election Commissioner to the effect that a person 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:", "footnote": "", "is_definition": false, "sort_order": 1750 }, { "number": "18", "title": "Proviso to Section 18(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1760 }, { "number": "18", "title": "Section 18(4)", "chapter": null, "content": "Every Person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of member of a gram panchayat for a period of five years from the date of his conviction or for such shorter period as the court, may by order, determine.", "footnote": "Central Act, 45 of 1860.", "is_definition": false, "sort_order": 1770 }, { "number": "18", "title": "Section 18(5)", "chapter": null, "content": "Apart from the disqualifications specified in sub-sections (1), (2) and (4) 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;", "footnote": "", "is_definition": false, "sort_order": 1780 }, { "number": "18", "title": "Proviso to Section 18(5)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 1790 }, { "number": "18", "title": "Proviso to Section 18(5)", "chapter": null, "content": "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, or under section 19 of this Act, while he is a member or office bearer of a gram panchayat, Mandal Parishad or Zilla 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;", "footnote": "Central Act, 43 of 1951.", "is_definition": false, "sort_order": 1800 }, { "number": "18", "title": "Proviso to Section 18(5)", "chapter": null, "content": "Provided also that a person convicted for an offence under sub-section (1) of section 8 of the Representation of People Act, 1951 shall be disqualified for being chosen as or for continuing as a member of a gram panchayat, Mandal Parishad or a Zilla 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.", "footnote": "Central Act, 43 of 1951.", "is_definition": false, "sort_order": 1810 }, { "number": "19", "title": "Section 19(1)(a)", "chapter": null, "content": "for an offence under the Protection of Civil Rights Act, 1955; or", "footnote": "Central Act 22 of 1955.", "is_definition": false, "sort_order": 1820 }, { "number": "19", "title": "Section 19(1)(b)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 1830 }, { "number": "19", "title": "Section 19(2)", "chapter": null, "content": "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-", "footnote": "", "is_definition": false, "sort_order": 1840 }, { "number": "19", "title": "Section 19(2)(a)", "chapter": null, "content": "of unsound mind and stands so declared by a competent court;", "footnote": "", "is_definition": false, "sort_order": 1850 }, { "number": "19", "title": "Section 19(2)(b)", "chapter": null, "content": "a deaf-mute or suffering from leprosy;", "footnote": "", "is_definition": false, "sort_order": 1860 }, { "number": "19", "title": "Section 19(2)(c)", "chapter": null, "content": "an applicant to be adjudicated an insolvent or an undischarged insolvent;", "footnote": "", "is_definition": false, "sort_order": 1870 }, { "number": "19", "title": "Section 19(2)(d)", "chapter": null, "content": "interested in a subsisting contract made with, or any work being done for, the gram panchayat, Mandal Parishad, Zilla Parishad or any State or Central Government:", "footnote": "", "is_definition": false, "sort_order": 1880 }, { "number": "19", "title": "Proviso to Section 19(2)(d)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 1890 }, { "number": "19", "title": "Section 19(2)(d)(i)", "chapter": null, "content": "a company as a mere shareholder but not as a director;", "footnote": "", "is_definition": false, "sort_order": 1900 }, { "number": "19", "title": "Section 19(2)(d)(ii)", "chapter": null, "content": "any lease, sale or purchase of immovable property or any agreement for the same; or", "footnote": "", "is_definition": false, "sort_order": 1910 }, { "number": "19", "title": "Section 19(2)(d)(iii)", "chapter": null, "content": "any agreement for the loan of money or any security for the payment of money only; or", "footnote": "", "is_definition": false, "sort_order": 1920 }, { "number": "19", "title": "Section 19(2)(d)(iv)", "chapter": null, "content": "any newspaper in which any advertisement relating to the affairs of the gram panchayat is inserted;", "footnote": "", "is_definition": false, "sort_order": 1930 }, { "number": "19", "title": "Explanation to Section 19(2)(d)", "chapter": null, "content": "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 Parishad, Zilla Parishad, the State or Central Government has not performed its part of the contractual obligation.", "footnote": "", "is_definition": false, "sort_order": 1940 }, { "number": "19", "title": "Section 19(2)(e)", "chapter": null, "content": "employed as paid legal practitioner on behalf of the gram panchayat or as legal practitioner against the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 1950 }, { "number": "19", "title": "Section 19(2)(f)", "chapter": null, "content": "employed as a managing agent, 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;", "footnote": "", "is_definition": false, "sort_order": 1960 }, { "number": "19", "title": "Section 19(2)(g)", "chapter": null, "content": "an honorary Magistrate under the Code of Criminal Procedure, 1973 with jurisdiction over any part of the village;", "footnote": "Central Act 2 of 1974.", "is_definition": false, "sort_order": 1970 }, { "number": "19", "title": "Section 19(2)(h)", "chapter": null, "content": "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 as not yet commenced;", "footnote": "", "is_definition": false, "sort_order": 1980 }, { "number": "19", "title": "Section 19(2)(i)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 1990 }, { "number": "19", "title": "Proviso to Section 19(2)(i)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2000 }, { "number": "19", "title": "Section 19(3)", "chapter": null, "content": "A person having more than two children shall be disqualified for election or for continuing as member:", "footnote": "", "is_definition": false, "sort_order": 2010 }, { "number": "19", "title": "Proviso to Section 19(3)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 2020 }, { "number": "19", "title": "Proviso to Section 19(3)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 2030 }, { "number": "19", "title": "Proviso to Section 19(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2040 }, { "number": "20", "title": "Section 20(a)", "chapter": null, "content": "is or becomes subject to any of the disqualifications specified in section 19;", "footnote": "", "is_definition": false, "sort_order": 2050 }, { "number": "20", "title": "Section 20(b)", "chapter": null, "content": "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 sub-section (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:", "footnote": "", "is_definition": false, "sort_order": 2060 }, { "number": "20", "title": "Proviso to Section 20(b)", "chapter": null, "content": "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 intimation to the executive authority of the date from which she would be absent:", "footnote": "", "is_definition": false, "sort_order": 2070 }, { "number": "20", "title": "Proviso to Section 20(b)", "chapter": null, "content": "Provided further that no meeting from which a member absented himself shall be counted against him under this clause if-", "footnote": "", "is_definition": false, "sort_order": 2080 }, { "number": "20", "title": "Section 20(b)(i)", "chapter": null, "content": "due notice of that meeting was not given to him in the prescribed manner; or", "footnote": "", "is_definition": false, "sort_order": 2090 }, { "number": "20", "title": "Section 20(b)(ii)", "chapter": null, "content": "the meeting was held on a requisition of members.", "footnote": "", "is_definition": false, "sort_order": 2100 }, { "number": "20", "title": "Explanation to Section 20(b)", "chapter": null, "content": "For the purpose of this clause,", "footnote": "", "is_definition": false, "sort_order": 2110 }, { "number": "20", "title": "Explanation to Section 20(b)(i)", "chapter": null, "content": "\"ordinary meeting\" shall mean a meeting held after giving a notice of atleast three days before the day of the meeting;", "footnote": "", "is_definition": false, "sort_order": 2120 }, { "number": "20", "title": "Explanation to Section 20(b)(ii)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2130 }, { "number": "21", "title": "Section 21(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2140 }, { "number": "21", "title": "Section 21(2)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 2150 }, { "number": "21", "title": "Proviso to Section 21(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2160 }, { "number": "22", "title": "Section 22(1)", "chapter": null, "content": "Where an allegation is made Authority to that any person who is elected as a member decide of a gram panchayat is not qualified or questions of 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 the District Munsif having jurisdiction over the area in which the office of the gram panchayat is situated for decision.", "footnote": "", "is_definition": false, "sort_order": 2170 }, { "number": "22", "title": "Section 22(2)", "chapter": null, "content": "Pending such decision, the member shall be entitled to act as if he is qualified or were not disqualified.", "footnote": "", "is_definition": false, "sort_order": 2180 }, { "number": "22", "title": "Section 22(3)", "chapter": null, "content": "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 of Sarpanch or Upa-Sarpanch, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 2190 }, { "number": "23", "title": "Section 23(1)", "chapter": null, "content": "The Sarpanch, Upa-Sarpanch or any member may resign his office in the manner prescribed.", "footnote": "", "is_definition": false, "sort_order": 2200 }, { "number": "23", "title": "Section 23(2)(a)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 2210 }, { "number": "23", "title": "Proviso to Section 23(2)(a)", "chapter": null, "content": "Provided that the Commissioner shall, before issuing such notification give the person concerned an opportunity for explanation:", "footnote": "", "is_definition": false, "sort_order": 2220 }, { "number": "23", "title": "Proviso to Section 23(2)(a)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2230 }, { "number": "23", "title": "Section 23(2)(b)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2240 }, { "number": "23", "title": "Section 23(2)(c)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2250 }, { "number": "24", "title": "Section 24", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2260 }, { "number": "25", "title": "Section 25(a)", "chapter": null, "content": "make arrangements for the elections of the Upa-Sarpanch within one month from the date of occurrence of the vacancy;", "footnote": "", "is_definition": false, "sort_order": 2270 }, { "number": "25", "title": "Section 25(b)", "chapter": null, "content": "have full access to the records of the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 2280 }, { "number": "25", "title": "Section 25(c)", "chapter": null, "content": "exercise administrative control over the executive officer, if there is one, for the purpose of implementation of the resolutions of the gram panchayat or any committee thereof;", "footnote": "", "is_definition": false, "sort_order": 2290 }, { "number": "25", "title": "Section 25(d)", "chapter": null, "content": "exercise all the powers and perform all the functions specifically conferred or imposed on the Sarpanch by this Act or the rules made thereunder;", "footnote": "", "is_definition": false, "sort_order": 2300 }, { "number": "25", "title": "Section 25(e)", "chapter": null, "content": "have power to require any Village Development Officer 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;", "footnote": "", "is_definition": false, "sort_order": 2310 }, { "number": "25", "title": "Section 25(f)", "chapter": null, "content": "intimate to the District Panchayat Officer, every case where any member has incurred any disqualification under sections 16 to 20; and", "footnote": "", "is_definition": false, "sort_order": 2320 }, { "number": "25", "title": "Section 25(g)", "chapter": null, "content": "act only within the terms of sanction given in any resolution of the gram panchayat.", "footnote": "", "is_definition": false, "sort_order": 2330 }, { "number": "26", "title": "Section 26(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2340 }, { "number": "26", "title": "Section 26(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2350 }, { "number": "26", "title": "Section 26(3)", "chapter": null, "content": "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.\nThe 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.", "footnote": "", "is_definition": false, "sort_order": 2360 }, { "number": "26", "title": "Section 26(4)", "chapter": null, "content": "The Upa-Sarpanch or the temporary Sarpanch appointed under sub-section (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.", "footnote": "", "is_definition": false, "sort_order": 2370 }, { "number": "26", "title": "Section 26(5)", "chapter": null, "content": "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 Upa-Sarpanch or in case there is 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 his powers and performing his functions to any member.", "footnote": "", "is_definition": false, "sort_order": 2380 }, { "number": "26", "title": "Section 26(6)", "chapter": null, "content": "The reference to the powers and functions of Sarpanch in sub-sections (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.", "footnote": "", "is_definition": false, "sort_order": 2390 }, { "number": "26", "title": "Section 26(7)", "chapter": null, "content": "The exercise of any powers or the performance of any functions devolving on the Upa-Sarpanch under sub-section (2) or delegated to the Upa-Sarpanch or any member under sub-section (5), shall be subject to the control and revision by the Sarpanch.", "footnote": "", "is_definition": false, "sort_order": 2400 }, { "number": "27", "title": "Section 27", "chapter": null, "content": "The Commissioner may, by order, for Removal of sufficient cause to be specified therein, temporary Sarpanch. remove the temporary Sarpanch appointed under sub-section (3) of section 26 after giving him an opportunity to show cause against such removal.", "footnote": "", "is_definition": false, "sort_order": 2410 }, { "number": "28", "title": "Section 28(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2420 }, { "number": "28", "title": "Section 28(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2430 }, { "number": "28", "title": "Section 28(3)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 2440 }, { "number": "28", "title": "Proviso to Section 28(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2450 }, { "number": "29", "title": "Section 29", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2460 }, { "number": "30", "title": "Section 30(1)", "chapter": null, "content": "A whole time or a part-time executive officer shall be appointed by the Commissioner for any gram panchayat or officers for any group of contiguous gram panchayats which may be notified by him in this behalf:", "footnote": "", "is_definition": false, "sort_order": 2470 }, { "number": "30", "title": "Proviso to Section 30(1)", "chapter": null, "content": "Provided that before notifying a group of gram panchayats under this sub-section, the Commissioner shall obtain the approval of the Government.", "footnote": "", "is_definition": false, "sort_order": 2480 }, { "number": "30", "title": "Section 30(2)", "chapter": null, "content": "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 officer 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 officer.", "footnote": "", "is_definition": false, "sort_order": 2490 }, { "number": "30", "title": "Section 30(3)", "chapter": null, "content": "Save as otherwise prescribed, no executive officer appointed under sub-section (1) shall undertake any work unconnected with his office without the sanction of the Government.", "footnote": "", "is_definition": false, "sort_order": 2500 }, { "number": "30", "title": "Section 30(4)", "chapter": null, "content": "The executive officer shall be subordinate to the gram panchayat.", "footnote": "", "is_definition": false, "sort_order": 2510 }, { "number": "31", "title": "Section 31(1)", "chapter": null, "content": "The Executive Officer if there Functions of is one, or the Village Development Officer Executive having jurisdiction over the Gram Panchayat Officer. shall, 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 the Executive Officer, or as the case may be the Village Development Officer, 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:", "footnote": "", "is_definition": false, "sort_order": 2520 }, { "number": "31", "title": "Proviso to Section 31(1)", "chapter": null, "content": "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 Executive Officer or as the case may be the Village Development Officer shall himself convene the meeting in the manner prescribed.", "footnote": "", "is_definition": false, "sort_order": 2530 }, { "number": "31", "title": "Section 31(2)", "chapter": null, "content": "The Executive Officer 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.", "footnote": "", "is_definition": false, "sort_order": 2540 }, { "number": "32", "title": "Section 32(a)", "chapter": null, "content": "be responsible for implementing the resolutions of the gram panchayat and of the Committee thereof:", "footnote": "", "is_definition": false, "sort_order": 2550 }, { "number": "32", "title": "Proviso to Section 32(a)", "chapter": null, "content": "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-", "footnote": "", "is_definition": false, "sort_order": 2560 }, { "number": "32", "title": "Section 32(a)(i)", "chapter": null, "content": "where he is the Sarpanch directly;", "footnote": "", "is_definition": false, "sort_order": 2570 }, { "number": "32", "title": "Section 32(a)(ii)", "chapter": null, "content": "where he is not the Sarpanch, through the Sarpanch, refer the matter to the Commissioner for orders, and his decision shall be final;", "footnote": "", "is_definition": false, "sort_order": 2580 }, { "number": "32", "title": "Section 32(b)", "chapter": null, "content": "control all the officers and servants of the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 2590 }, { "number": "32", "title": "Section 32(c)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2600 }, { "number": "33", "title": "Section 33", "chapter": null, "content": "In case emergency, the Sarpanch may, in consultation with the executive officer, if any, 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 gram panchayat or the concerned committee at its next meeting:", "footnote": "", "is_definition": false, "sort_order": 2610 }, { "number": "33", "title": "Proviso to Section 33", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2620 }, { "number": "34", "title": "Section 34", "chapter": null, "content": "The commissioner may, by general or special order, authorise the Health Officer of the District to exercise such executive of the functions of an executive authority by 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.", "footnote": "", "is_definition": false, "sort_order": 2630 }, { "number": "35", "title": "Section 35(i)", "chapter": null, "content": "if he is the Sarpanch, to the Upa-Sarpanch and in the absence of the Upa-Sarpanch, to any other member;", "footnote": "", "is_definition": false, "sort_order": 2640 }, { "number": "35", "title": "Section 35(ii)", "chapter": null, "content": "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.\nThe 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.", "footnote": "", "is_definition": false, "sort_order": 2650 }, { "number": "36", "title": "Section 36(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2660 }, { "number": "36", "title": "Section 36(2)", "chapter": null, "content": "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).", "footnote": "", "is_definition": false, "sort_order": 2670 }, { "number": "36", "title": "Section 36(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2680 }, { "number": "36", "title": "Section 36(4)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2690 }, { "number": "36", "title": "Section 36(5)", "chapter": null, "content": "All officers and other employees of the gram panchayats, shall be subordinate to the gram panchayat.", "footnote": "", "is_definition": false, "sort_order": 2700 }, { "number": "36", "title": "Section 36(6)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2710 }, { "number": "36", "title": "Section 36(7)", "chapter": null, "content": "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 or any other law similar thereto for the time being in force in the State.", "footnote": "Act 3 of 1939.", "is_definition": false, "sort_order": 2720 }, { "number": "36", "title": "Section 36(8)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2730 }, { "number": "37", "title": "Section 37", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2740 }, { "number": "38", "title": "Section 38", "chapter": null, "content": "The minutes of the proceedings at Minutes of every meeting of a gram panchayat shall be proceedings. recorded and action taken thereon in the manner prescribed.", "footnote": "", "is_definition": false, "sort_order": 2750 }, { "number": "39", "title": "Section 39", "chapter": null, "content": "A gram panchayat or a committee thereof may, at any of its meetings, call for 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.", "footnote": "", "is_definition": false, "sort_order": 2760 }, { "number": "40", "title": "Section 40(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2770 }, { "number": "40", "title": "Section 40(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2780 }, { "number": "40", "title": "Section 40(3)", "chapter": null, "content": "The constitution including cooption 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.", "footnote": "", "is_definition": false, "sort_order": 2790 }, { "number": "41", "title": "Section 41(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2800 }, { "number": "41", "title": "Section 41(2)", "chapter": null, "content": "The Commissioner shall have power to add to, omit or alter any regulations submitted for his approval under sub-section (1).", "footnote": "", "is_definition": false, "sort_order": 2810 }, { "number": "41", "title": "Section 41(3)", "chapter": null, "content": "The rules that may be prescribed under sub-section (1) may provide for preventing any member or Sarpanch or any member or Chairman 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.", "footnote": "", "is_definition": false, "sort_order": 2820 }, { "number": "42", "title": "Section 42(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2830 }, { "number": "43", "title": "Section 43", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2840 }, { "number": "44", "title": "Section 44(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2850 }, { "number": "44", "title": "Section 44(2)(a)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2860 }, { "number": "44", "title": "Section 44(2)(b)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2870 }, { "number": "44", "title": "Section 44(2)(c)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 2880 }, { "number": "44", "title": "Section 44(3)", "chapter": null, "content": "The cost of the officers and the members of the establishment aforesaid shall be paid out of the Consolidated Fund of the State.", "footnote": "", "is_definition": false, "sort_order": 2890 }, { "number": "44", "title": "Section 44(4)", "chapter": null, "content": "The District Panchayat Officers, the Divisional Panchayat Officers and the Extention Officers (Panchayats) shall exercise such powers and perform such functions as may be prescribed, or as may be delegated to them under this Act.", "footnote": "", "is_definition": false, "sort_order": 2900 }, { "number": "44", "title": "Section 44(5)", "chapter": null, "content": "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-", "footnote": "", "is_definition": false, "sort_order": 2910 }, { "number": "44", "title": "Section 44(5)(a)", "chapter": null, "content": "any immovable property or any work in progress under the control of any gram panchayat or executive officers;", "footnote": "", "is_definition": false, "sort_order": 2920 }, { "number": "44", "title": "Section 44(5)(b)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 2930 }, { "number": "44", "title": "Section 44(5)(c)", "chapter": null, "content": "the office of any gram panchayat and any records, registers or other documents kept therin.\nGram 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.", "footnote": "", "is_definition": false, "sort_order": 2940 }, { "number": "44", "title": "Section 44(6)", "chapter": null, "content": "The Commissioner or any officer or person whom the Government, or the Commissioner may empower in this behalf may-", "footnote": "", "is_definition": false, "sort_order": 2950 }, { "number": "44", "title": "Section 44(6)(a)", "chapter": null, "content": "direct the gram panchayat to make provision for and to execute or provide any public work or amenity or service of the discription referred to in section 45;", "footnote": "", "is_definition": false, "sort_order": 2960 }, { "number": "44", "title": "Section 44(6)(b)", "chapter": null, "content": "call for any record, register or other document in the possession, or under the control, of any gram panchayat or executive authority;", "footnote": "", "is_definition": false, "sort_order": 2970 }, { "number": "44", "title": "Section 44(6)(c)", "chapter": null, "content": "require any gram panchayat, or executive authority to furnish any return, plan, estimate, statement, account or statistics;", "footnote": "", "is_definition": false, "sort_order": 2980 }, { "number": "44", "title": "Section 44(6)(d)", "chapter": null, "content": "require any gram panchayat, or executive authority to furnish any information or report on any matter connected with such gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 2990 }, { "number": "44", "title": "Section 44(6)(e)", "chapter": null, "content": "record in writing for the consideration of any gram panchayat, or executive authority any observations in regard to its or his proceedings or functions.", "footnote": "", "is_definition": false, "sort_order": 3000 }, { "number": "302", "title": "CHAPTER III - POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS", "chapter": "CHAPTER III", "content": "CHAPTER - III\nPOWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS.", "footnote": "", "is_definition": false, "sort_order": 3010 }, { "number": "45", "title": "Section 45(1)", "chapter": null, "content": "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:-", "footnote": "", "is_definition": false, "sort_order": 3020 }, { "number": "45", "title": "Section 45(1)(i)", "chapter": null, "content": "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 Parishad and Zilla 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;", "footnote": "", "is_definition": false, "sort_order": 3030 }, { "number": "45", "title": "Section 45(1)(ii)", "chapter": null, "content": "the lighting of public roads and public places;", "footnote": "", "is_definition": false, "sort_order": 3040 }, { "number": "45", "title": "Section 45(1)(iii)", "chapter": null, "content": "the construction of drains and their maintenance and the disposal of drainage water and sullage;", "footnote": "", "is_definition": false, "sort_order": 3050 }, { "number": "45", "title": "Section 45(1)(iv)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 3060 }, { "number": "45", "title": "Section 45(1)(v)", "chapter": null, "content": "the provision of public latrines and arrangements to clean latrines, whether public or private;", "footnote": "", "is_definition": false, "sort_order": 3070 }, { "number": "45", "title": "Section 45(1)(vi)", "chapter": null, "content": "the opening and maintenance of cremation and burial-grounds, and the disposal of unclaimed dead bodies of human beings or of animals;", "footnote": "", "is_definition": false, "sort_order": 3080 }, { "number": "45", "title": "Section 45(1)(vii)", "chapter": null, "content": "preventive and remedial measures connected with any epidemic or with malaria;", "footnote": "", "is_definition": false, "sort_order": 3090 }, { "number": "45", "title": "Section 45(1)(viii)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 3100 }, { "number": "45", "title": "Section 45(1)(ix)", "chapter": null, "content": "the conservation of manurial resources, preparation of compost and sale of manure;", "footnote": "", "is_definition": false, "sort_order": 3110 }, { "number": "45", "title": "Section 45(1)(x)", "chapter": null, "content": "the registration of births and deaths;", "footnote": "", "is_definition": false, "sort_order": 3120 }, { "number": "45", "title": "Section 45(1)(xi)", "chapter": null, "content": "the establishment and maintenance of cattle ponds; and", "footnote": "", "is_definition": false, "sort_order": 3130 }, { "number": "45", "title": "Section 45(1)(xii)", "chapter": null, "content": "all other matters expressly declared obligatory by or under this Act or any other law.", "footnote": "", "is_definition": false, "sort_order": 3140 }, { "number": "45", "title": "Section 45(2)", "chapter": null, "content": "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 Schedule-1.", "footnote": "", "is_definition": false, "sort_order": 3150 }, { "number": "45", "title": "Section 45(3)", "chapter": null, "content": "The gram panchayats shall do resource planning at village level.", "footnote": "", "is_definition": false, "sort_order": 3160 }, { "number": "45", "title": "Section 45(4)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3170 }, { "number": "46", "title": "Section 46", "chapter": null, "content": "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:-", "footnote": "", "is_definition": false, "sort_order": 3180 }, { "number": "46", "title": "Section 46(i)", "chapter": null, "content": "the construction and maintenance of dharmashalas, sarais and rest-houses for travellers;", "footnote": "", "is_definition": false, "sort_order": 3190 }, { "number": "46", "title": "Section 46(ii)", "chapter": null, "content": "the planting and preservation of groves and trees on the sides of roads and other public places;", "footnote": "", "is_definition": false, "sort_order": 3200 }, { "number": "46", "title": "Section 46(iii)", "chapter": null, "content": "the promotion and development of pre-primary education, elementary education, social and health education, cottage industries and trade;", "footnote": "", "is_definition": false, "sort_order": 3210 }, { "number": "46", "title": "Section 46(iv)", "chapter": null, "content": "the establishment and maintenance of dispensaries and the payment of subsidies to rural medical practitioners;", "footnote": "", "is_definition": false, "sort_order": 3220 }, { "number": "46", "title": "Section 46(v)", "chapter": null, "content": "the establishment and maintenance of wireless receiving sets, play grounds, akhadas, clubs and other centres for recreation and physical culture;", "footnote": "", "is_definition": false, "sort_order": 3230 }, { "number": "46", "title": "Section 46(vi)", "chapter": null, "content": "the laying and maintenance of parks;", "footnote": "", "is_definition": false, "sort_order": 3240 }, { "number": "46", "title": "Section 46(vii)", "chapter": null, "content": "the establishment and maintenance of libraries and reading rooms;", "footnote": "", "is_definition": false, "sort_order": 3250 }, { "number": "46", "title": "Section 46(viii)", "chapter": null, "content": "the provision of relief to the crippled, the destitute and the sick;", "footnote": "", "is_definition": false, "sort_order": 3260 }, { "number": "46", "title": "Section 46(ix)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 3270 }, { "number": "46", "title": "Section 46(x)", "chapter": null, "content": "the propagation of improved methods of cultivation in the village including laying out of demonstration plots with a view to increasing production;", "footnote": "", "is_definition": false, "sort_order": 3280 }, { "number": "46", "title": "Section 46(xi)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 3290 }, { "number": "46", "title": "Section 46(xii)", "chapter": null, "content": "the establishment and maintenance of ware-houses and granaries;", "footnote": "", "is_definition": false, "sort_order": 3300 }, { "number": "46", "title": "Section 46(xiii)", "chapter": null, "content": "the establishment and maintenance of cattle sheds;", "footnote": "", "is_definition": false, "sort_order": 3310 }, { "number": "46", "title": "Section 46(xiv)", "chapter": null, "content": "the extension of village-sites;", "footnote": "", "is_definition": false, "sort_order": 3320 }, { "number": "46", "title": "Section 46(xv)", "chapter": null, "content": "the improvement of cattle including purchase and maintenance of stud bulls and the provision of veterinary relief;", "footnote": "", "is_definition": false, "sort_order": 3330 }, { "number": "46", "title": "Section 46(xvi)", "chapter": null, "content": "the control of fairs, jataras and festivals;", "footnote": "", "is_definition": false, "sort_order": 3340 }, { "number": "46", "title": "Section 46(xvii)", "chapter": null, "content": "the organisation of voluntary labour for community development works in the village;", "footnote": "", "is_definition": false, "sort_order": 3350 }, { "number": "46", "title": "Section 46(xviii)", "chapter": null, "content": "the establishment and maintenance of maternity and child-welfare centres;", "footnote": "", "is_definition": false, "sort_order": 3360 }, { "number": "46", "title": "Section 46(xix)", "chapter": null, "content": "the organisation of watch and ward;", "footnote": "", "is_definition": false, "sort_order": 3370 }, { "number": "46", "title": "Section 46(xx)", "chapter": null, "content": "the provision of relief against famine or other calamities;", "footnote": "", "is_definition": false, "sort_order": 3380 }, { "number": "46", "title": "Section 46(xxi)", "chapter": null, "content": "the destruction of stray and ownerless dogs;", "footnote": "", "is_definition": false, "sort_order": 3390 }, { "number": "46", "title": "Section 46(xxii)", "chapter": null, "content": "the preparation of statistics of unemployment;", "footnote": "", "is_definition": false, "sort_order": 3400 }, { "number": "46", "title": "Section 46(xxiii)", "chapter": null, "content": "the opening and maintenance of public markets;", "footnote": "", "is_definition": false, "sort_order": 3410 }, { "number": "46", "title": "Section 46(xxiv)", "chapter": null, "content": "the opening and maintenance of public slaughter houses;", "footnote": "", "is_definition": false, "sort_order": 3420 }, { "number": "46", "title": "Section 46(xxv)", "chapter": null, "content": "the implementation of land reform measures in the village including consolidation of holdings and soil conservations;", "footnote": "", "is_definition": false, "sort_order": 3430 }, { "number": "46", "title": "Section 46(xxvi)", "chapter": null, "content": "the setting up of organisation to promote good will and social harmony between different communities, the removal of untouchability, the provision of house-sites 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;", "footnote": "", "is_definition": false, "sort_order": 3440 }, { "number": "46", "title": "Section 46(xxvii)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3450 }, { "number": "47", "title": "Section 47", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3460 }, { "number": "48", "title": "Section 48(1)", "chapter": null, "content": "Subject to any law for the time being in force the Government may, by notification, transfer to any gram panchayat forests to 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.", "footnote": "", "is_definition": false, "sort_order": 3470 }, { "number": "48", "title": "Section 48(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3480 }, { "number": "49", "title": "Section 49(1)", "chapter": null, "content": "Subject to such rules as may be prescribed, the Government, the District Collector or the Revenue Divisional Officer, Mandal Parishad or Zilla 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.", "footnote": "", "is_definition": false, "sort_order": 3490 }, { "number": "49", "title": "Section 49(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3500 }, { "number": "50", "title": "Section 50(1)(a)", "chapter": null, "content": "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 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.", "footnote": "Act 35 of 1974.", "is_definition": false, "sort_order": 3510 }, { "number": "50", "title": "Section 50(1)(b)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3520 }, { "number": "50", "title": "Section 50(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3530 }, { "number": "50", "title": "Section 50(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3540 }, { "number": "51", "title": "Section 51", "chapter": null, "content": "A gram panchayat may accept donations for, or trust relating exclusively to the furtherance of any purpose to which its funds may be applied.", "footnote": "", "is_definition": false, "sort_order": 3550 }, { "number": "52", "title": "Section 52(1)(i)", "chapter": null, "content": "any cattle pound to 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;", "footnote": "Central Act 1 of 1871.", "is_definition": false, "sort_order": 3560 }, { "number": "52", "title": "Section 52(1)(ii)", "chapter": null, "content": "a pound keeper for every cattle-pound referred to in clause(i), shall be appointed by the gram panchayat; and", "footnote": "", "is_definition": false, "sort_order": 3570 }, { "number": "52", "title": "Section 52(1)(iii)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3580 }, { "number": "52", "title": "Section 52(2)", "chapter": null, "content": "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).", "footnote": "", "is_definition": false, "sort_order": 3590 }, { "number": "53", "title": "Section 53(1)", "chapter": null, "content": "All public roads in any village, other than National Highways, State Highways and roads vesting in Zilla Parishad or Mandal 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:", "footnote": "", "is_definition": false, "sort_order": 3600 }, { "number": "53", "title": "Proviso to Section 53(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3610 }, { "number": "53", "title": "Section 53(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3620 }, { "number": "54", "title": "Section 54", "chapter": null, "content": "All rubbish, sewage, filth and other matter collected by a gram panchayat under this Act shall belong to it.", "footnote": "", "is_definition": false, "sort_order": 3630 }, { "number": "55", "title": "Section 55", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3640 }, { "number": "56", "title": "Section 56(1)(a)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3650 }, { "number": "56", "title": "Section 56(1)(b)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3660 }, { "number": "56", "title": "Section 56(2)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 3670 }, { "number": "56", "title": "Proviso to Section 56(2)", "chapter": null, "content": "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, 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.", "footnote": "Central Act 1 of 1858.", "is_definition": false, "sort_order": 3680 }, { "number": "57", "title": "Section 57(1)", "chapter": null, "content": "Notwithstanding anything in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli, 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-", "footnote": "Act 2 of 1890; Act 2 of 1314 F.", "is_definition": false, "sort_order": 3690 }, { "number": "57", "title": "Section 57(1)(a)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 3700 }, { "number": "57", "title": "Section 57(1)(b)", "chapter": null, "content": "in the case of a ferry connecting any public road under the management of a Mandal Parishad and lying wholly within the jurisdiction of that Mandal Parishad in such Mandal Parishad and in the case of ferry connecting any public road under the management of a Mandal Parishad and lying within the jurisdiction of more than one Mandal Parishad in a joint committee of the Mandal Parishad concerned;", "footnote": "", "is_definition": false, "sort_order": 3710 }, { "number": "57", "title": "Section 57(1)(c)", "chapter": null, "content": "in the case of a ferry connecting any public road under the management of a gram panchayat or a Mandal Parishad and lying partly within the jurisdiction of a municipality, in a joint committee of the gram panchayat or a Mandal Parishad as the case may be, and the Municipality concerned.", "footnote": "", "is_definition": false, "sort_order": 3720 }, { "number": "57", "title": "Section 57(2)", "chapter": null, "content": "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 High Way and lying wholly within the jurisdiction of a gram panchayat or a Mandal Parishad to such gram panchayat or Mandal Parishad and in case the said ferry is lying within the jurisdiction of more than one gram pcnahayat or Mandal Parishad to the Zilla Parishad concerned.", "footnote": "", "is_definition": false, "sort_order": 3730 }, { "number": "57", "title": "Section 57(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3740 }, { "number": "57", "title": "Section 57(4)", "chapter": null, "content": "The income realised by a Zilla Parishad, Mandal 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 (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.", "footnote": "", "is_definition": false, "sort_order": 3750 }, { "number": "57", "title": "Explanation to Section 57(4)", "chapter": null, "content": "For the purpose of this section, the expression 'Public Ferry' in relation to the Andhra Area, and the 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 and the Andhra Pradesh (Telangana area) Ferries Act 1314 Fasli.", "footnote": "Act 2 of 1890; Act 2 of 1314 F.", "is_definition": false, "sort_order": 3760 }, { "number": "58", "title": "Section 58(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3770 }, { "number": "58", "title": "Section 58(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3780 }, { "number": "58", "title": "Section 58(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3790 }, { "number": "58", "title": "Section 58(4)", "chapter": null, "content": "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).", "footnote": "", "is_definition": false, "sort_order": 3800 }, { "number": "58", "title": "Explanation to Section 58(4)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3810 }, { "number": "59", "title": "Section 59", "chapter": null, "content": "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 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.", "footnote": "Central Act 1 of 1894.", "is_definition": false, "sort_order": 3820 }, { "number": "384", "title": "CHAPTER IV - TAXATION AND FINANCE", "chapter": "CHAPTER IV", "content": "CHAPTER IV\nTAXATION AND FINANCE", "footnote": "", "is_definition": false, "sort_order": 3830 }, { "number": "60", "title": "Section 60(1)", "chapter": null, "content": "A gram panchayat shall levy in the village,-", "footnote": "", "is_definition": false, "sort_order": 3840 }, { "number": "60", "title": "Section 60(1)(a)", "chapter": null, "content": "a House-tax;", "footnote": "", "is_definition": false, "sort_order": 3850 }, { "number": "60", "title": "Section 60(1)(b)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 3860 }, { "number": "60", "title": "Section 60(1)(c)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 3870 }, { "number": "60", "title": "Proviso to Section 60(1)(c)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3880 }, { "number": "60", "title": "Section 60(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3890 }, { "number": "60", "title": "Section 60(3)", "chapter": null, "content": "Subject to such rules as may be prescribed the gram panchayat may also levy in the village,-", "footnote": "", "is_definition": false, "sort_order": 3900 }, { "number": "60", "title": "Section 60(3)(i)", "chapter": null, "content": "a vehicle tax;", "footnote": "", "is_definition": false, "sort_order": 3910 }, { "number": "60", "title": "Section 60(3)(ii)", "chapter": null, "content": "tax on agricultural land for a specific purpose;", "footnote": "", "is_definition": false, "sort_order": 3920 }, { "number": "60", "title": "Section 60(3)(iii)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 3930 }, { "number": "60", "title": "Section 60(3)(iv)", "chapter": null, "content": "fees for use of porambokes or communal lands under the control of the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 3940 }, { "number": "60", "title": "Section 60(3)(v)", "chapter": null, "content": "fees for the occupation of building including chavadies and sarais under the control of the gram panchayat.", "footnote": "", "is_definition": false, "sort_order": 3950 }, { "number": "60", "title": "Section 60(4)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 3960 }, { "number": "60", "title": "Proviso to Section 60(4)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 3970 }, { "number": "60", "title": "Section 60(5)", "chapter": null, "content": "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-", "footnote": "", "is_definition": false, "sort_order": 3980 }, { "number": "60", "title": "Section 60(5)(a)", "chapter": null, "content": "in the Andhra area, on the land cess, leviable under section 78 of the Andhra Pradesh (Andhra Area) District Boards Act, 1920 and on the education tax leviable under section 37 of the Andhra Pradesh Education Act, 1982;", "footnote": "Act XIV of 1920; Act 1 of 1982.", "is_definition": false, "sort_order": 3990 }, { "number": "60", "title": "Section 60(5)(b)", "chapter": null, "content": "in the Telangana area, on the local cess leviable under section 135 of the Andhra Pradesh (Telangana Area) District Boards Act, 1955 and on the education tax leviable under section 37 of the Andhra Pradesh Education Act, 1982;", "footnote": "Act 1 of 1956; Act 1 of 1982.", "is_definition": false, "sort_order": 4000 }, { "number": "60", "title": "Section 60(6)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4010 }, { "number": "61", "title": "Section 61(1)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 4020 }, { "number": "61", "title": "Section 61(1)(a)", "chapter": null, "content": "annual rental value, or", "footnote": "", "is_definition": false, "sort_order": 4030 }, { "number": "61", "title": "Section 61(1)(b)", "chapter": null, "content": "capital value, or", "footnote": "", "is_definition": false, "sort_order": 4040 }, { "number": "61", "title": "Section 61(1)(c)", "chapter": null, "content": "such other basis as may be prescribed:", "footnote": "", "is_definition": false, "sort_order": 4050 }, { "number": "61", "title": "Proviso to Section 61(1)(c)", "chapter": null, "content": "Provided that no house tax shall be levied on poultry sheds and annexes thereto which are essential for running the poultry farms.", "footnote": "", "is_definition": false, "sort_order": 4060 }, { "number": "61", "title": "Section 61(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4070 }, { "number": "61", "title": "Section 61(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4080 }, { "number": "61", "title": "Section 61(4)", "chapter": null, "content": "The Government may make rules providing for -", "footnote": "", "is_definition": false, "sort_order": 4090 }, { "number": "61", "title": "Section 61(4)(i)", "chapter": null, "content": "the exemption of special classes of houses from the tax;", "footnote": "", "is_definition": false, "sort_order": 4100 }, { "number": "61", "title": "Section 61(4)(ii)", "chapter": null, "content": "the manner of ascertaining the annual or capital value of houses or the categories into which they fall for the purposes of taxation;", "footnote": "", "is_definition": false, "sort_order": 4110 }, { "number": "61", "title": "Section 61(4)(iii)", "chapter": null, "content": "the persons who shall be liable to pay the tax and the giving of notice of transfer of houses;", "footnote": "", "is_definition": false, "sort_order": 4120 }, { "number": "61", "title": "Section 61(4)(iv)", "chapter": null, "content": "the grant of exemptions from the tax on the ground of poverty;", "footnote": "", "is_definition": false, "sort_order": 4130 }, { "number": "61", "title": "Section 61(4)(v)", "chapter": null, "content": "the grant of vacancy and other remissions; and", "footnote": "", "is_definition": false, "sort_order": 4140 }, { "number": "61", "title": "Section 61(4)(vi)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4150 }, { "number": "61", "title": "Section 61(5)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4160 }, { "number": "62", "title": "Section 62(1)", "chapter": null, "content": "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.\nSuch 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.", "footnote": "", "is_definition": false, "sort_order": 4170 }, { "number": "62", "title": "Section 62(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4180 }, { "number": "62", "title": "Section 62(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4190 }, { "number": "63", "title": "Section 63", "chapter": null, "content": "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 Parishad by resolution determine:\nProvided that the rates shall be subject to the maximum and minimum prescribed by the Government in this behalf:\nProvided further that no tax shall be levied under this section on any advertisement or a notice,-", "footnote": "", "is_definition": false, "sort_order": 4200 }, { "number": "63", "title": "Section 63(a)", "chapter": null, "content": "of a public meeting; or", "footnote": "", "is_definition": false, "sort_order": 4210 }, { "number": "63", "title": "Section 63(b)", "chapter": null, "content": "of an election to any legislative body or to the Gram Panchayat, Mandal Parishad or Zilla Parishad; or", "footnote": "", "is_definition": false, "sort_order": 4220 }, { "number": "63", "title": "Section 63(c)", "chapter": null, "content": "of a candidature in respect of such an election:\nProvided also that no such tax shall be levied on any advertisement which is not a sky-sign and which -", "footnote": "", "is_definition": false, "sort_order": 4230 }, { "number": "63", "title": "Section 63(c)(a)", "chapter": null, "content": "is exhibited within the window of any building; or", "footnote": "", "is_definition": false, "sort_order": 4240 }, { "number": "63", "title": "Section 63(c)(b)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 4250 }, { "number": "63", "title": "Section 63(c)(c)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 4260 }, { "number": "63", "title": "Section 63(c)(d)", "chapter": null, "content": "relates to the business of any railway administration; or", "footnote": "", "is_definition": false, "sort_order": 4270 }, { "number": "63", "title": "Section 63(c)(e)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4280 }, { "number": "63-I", "title": "Explanation to Section 63-I", "chapter": null, "content": "The word \"structure\" in this section shall include any movable board on wheels used as an advertisement or an advertisement medium.", "footnote": "", "is_definition": false, "sort_order": 4290 }, { "number": "63-II", "title": "Explanation to Section 63-II", "chapter": null, "content": "The expression \"sky-sign\" shall in this section, mean any advertisement, supported on or attached to any post, pole, standard frame work 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 frame work 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 -", "footnote": "", "is_definition": false, "sort_order": 4300 }, { "number": "63-II", "title": "Explanation to Section 63-II(a)", "chapter": null, "content": "any flagstaff, pole, vane or weathercock unless adopted or used wholly or in part for the purpose of any advertisement; or", "footnote": "", "is_definition": false, "sort_order": 4310 }, { "number": "63-II", "title": "Explanation to Section 63-II(b)", "chapter": null, "content": "any sign or any board, frame or ??????? 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:", "footnote": "", "is_definition": false, "sort_order": 4320 }, { "number": "63-II", "title": "Proviso to Explanation Section 63-II(b)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 4330 }, { "number": "63-II", "title": "Explanation to Section 63-II(c)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 4340 }, { "number": "63-II", "title": "Explanation to Section 63-II(d)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 4350 }, { "number": "63-II", "title": "Explanation to Section 63-II(e)", "chapter": null, "content": "any notice of land or building to be sold or let, placed upon such land or building.", "footnote": "", "is_definition": false, "sort_order": 4360 }, { "number": "63-III", "title": "Explanation to Section 63-III", "chapter": null, "content": "\"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.", "footnote": "", "is_definition": false, "sort_order": 4370 }, { "number": "64", "title": "Section 64(1)", "chapter": null, "content": "No advertisement shall be Prohibition of erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding 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.", "footnote": "", "is_definition": false, "sort_order": 4380 }, { "number": "64", "title": "Section 64(2)", "chapter": null, "content": "The executive authority shall not grant such permission, if -", "footnote": "", "is_definition": false, "sort_order": 4390 }, { "number": "64", "title": "Section 64(2)(i)", "chapter": null, "content": "the advertisement contravened any bye-law made by the gram panchayat under section 270;", "footnote": "", "is_definition": false, "sort_order": 4400 }, { "number": "64", "title": "Section 64(2)(ii)", "chapter": null, "content": "the tax, if any, due in respect of the advertisement has not been paid.", "footnote": "", "is_definition": false, "sort_order": 4410 }, { "number": "64", "title": "Section 64(3)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 4420 }, { "number": "64", "title": "Proviso to Section 64(3)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4430 }, { "number": "65", "title": "Section 65(a)", "chapter": null, "content": "if the advertisement contravenes any bye-law made by the gram panchayat under section 270;", "footnote": "", "is_definition": false, "sort_order": 4440 }, { "number": "65", "title": "Section 65(b)", "chapter": null, "content": "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 Parishad Development Officer;", "footnote": "", "is_definition": false, "sort_order": 4450 }, { "number": "65", "title": "Section 65(c)", "chapter": null, "content": "if any material change be made in the advertisement or any part thereof;", "footnote": "", "is_definition": false, "sort_order": 4460 }, { "number": "65", "title": "Section 65(d)", "chapter": null, "content": "if the advertisement or any part thereof falls otherwise than through accident;", "footnote": "", "is_definition": false, "sort_order": 4470 }, { "number": "65", "title": "Section 65(e)", "chapter": null, "content": "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", "footnote": "", "is_definition": false, "sort_order": 4480 }, { "number": "65", "title": "Section 65(f)", "chapter": null, "content": "if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, be demolished or destroyed.", "footnote": "", "is_definition": false, "sort_order": 4490 }, { "number": "66", "title": "Section 66", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4500 }, { "number": "67", "title": "Section 67", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4510 }, { "number": "68", "title": "Section 68", "chapter": null, "content": "The executive authority may farm 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.", "footnote": "", "is_definition": false, "sort_order": 4520 }, { "number": "69", "title": "Section 69(1)(a)", "chapter": null, "content": "in the form of a surcharge on the duty imposed by the Indian Stamp Act, 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", "footnote": "Central Act 2 of 1899.", "is_definition": false, "sort_order": 4530 }, { "number": "69", "title": "Section 69(1)(b)", "chapter": null, "content": "at such rate as may be fixed by the Government not exceeding five per centum on the amount specified below against such instrument:-\n\nDescription of instrument (1) | Amount on which duty shall be levied. (2)\n1. (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.\n(ii) Exchange of immovable property | The market value of the property of greater value which is the subject matter of exchange.\n(iii) Gift of immovable property | The market value of the property which is the subject matter of the gift.\n(iv) Mortgage with possession of immovable property | The amount secured by the mortgage as setforth in the instrument.\n(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.", "footnote": "", "is_definition": false, "sort_order": 4540 }, { "number": "69", "title": "Section 69(2)(a)", "chapter": null, "content": "section 27 of the Indian Stamp Act, 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", "footnote": "Central Act 2 of 1899.", "is_definition": false, "sort_order": 4550 }, { "number": "69", "title": "Section 69(2)(b)", "chapter": null, "content": "section 64 of the same Act shall be read as if it referred to the gram panchayat as well as the Government.", "footnote": "", "is_definition": false, "sort_order": 4560 }, { "number": "69", "title": "Section 69(3)", "chapter": null, "content": "The duty levied under this section shall be apportioned among the gram panchayat, Mandal Parishad and the Zilla Parishad concerned in such manner as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 4570 }, { "number": "69", "title": "Section 69(4)", "chapter": null, "content": "The Government shall make rules for regulating the collection of the duty and the apportionment thereof among the gram panchayat, Mandal Parishad and Zilla Parishad concerned and the deduction of any expenses incurred by the Government in the collection thereof.", "footnote": "", "is_definition": false, "sort_order": 4580 }, { "number": "69", "title": "Section 69(5)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4590 }, { "number": "70", "title": "Section 70", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4600 }, { "number": "70", "title": "Explanation to Section 70", "chapter": null, "content": "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.", "footnote": "Central Act 59 of 1988.", "is_definition": false, "sort_order": 4610 }, { "number": "71", "title": "Section 71", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4620 }, { "number": "72", "title": "Section 72", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4630 }, { "number": "73", "title": "Section 73", "chapter": null, "content": "Subject to such restrictions and control as may be prescribed, a gram panchayat may write off any tax, fee or other irrecoverable 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:", "footnote": "", "is_definition": false, "sort_order": 4640 }, { "number": "73", "title": "Proviso to Section 73", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4650 }, { "number": "74", "title": "Section 74(1)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 4660 }, { "number": "74", "title": "Proviso to Section 74(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4670 }, { "number": "74", "title": "Section 74(2)", "chapter": null, "content": "Subject to the provisions of sub-section (1), the receipts which shall be credited to the gram panchayat fund shall include-", "footnote": "", "is_definition": false, "sort_order": 4680 }, { "number": "74", "title": "Section 74(2)(i)", "chapter": null, "content": "the house-tax and any other tax or any cess or fee, levied under this Act;", "footnote": "", "is_definition": false, "sort_order": 4690 }, { "number": "74", "title": "Section 74(2)(ii)", "chapter": null, "content": "the proceeds of the duty collected under sub-section(4) of section 60;", "footnote": "", "is_definition": false, "sort_order": 4700 }, { "number": "74", "title": "Section 74(2)(iii)", "chapter": null, "content": "the proceeds of the duty on transfers of property levied under section 69 which are paid to the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 4710 }, { "number": "74", "title": "Section 74(2)(iv)", "chapter": null, "content": "in the Andhra area, such share of the land cess levied under section 78 of the Andhra Pradesh (Andhra Area) District Boards Act, 1920 as may be apportioned to the gram panchayat under section 92 of that Act and in the Telangana area, such share of the local cess levied under section 135 of the Andhra Pradesh (Telangana Area) District Boards Act, 1955 as may be apportioned to the gram panchayat under section 136 of that Act;", "footnote": "Act 14 of 1920; Act 1 of 1956.", "is_definition": false, "sort_order": 4720 }, { "number": "74", "title": "Section 74(2)(v)", "chapter": null, "content": "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, or any other law similar thereto for the time being in force;", "footnote": "Act XX of 1933.", "is_definition": false, "sort_order": 4730 }, { "number": "74", "title": "Section 74(2)(vi)", "chapter": null, "content": "the taxes and tolls levied in the village under sections 117 and 118 of the Andhra Pradesh (Andhra Area) Public Health Act, 1939, or under the corresponding provision of any other law similar thereto for the time being in force in the State;", "footnote": "Act III of 1939.", "is_definition": false, "sort_order": 4740 }, { "number": "74", "title": "Section 74(2)(vii)", "chapter": null, "content": "any payment made to the gram panchayat by the Government under section 13 of the Andhra Pradesh Entertainments Tax Act, 1939;", "footnote": "Act X of 1939.", "is_definition": false, "sort_order": 4750 }, { "number": "74", "title": "Section 74(2)(viii)", "chapter": null, "content": "the amount contributed by the Mandal Parishad to the Gram Panchayat in respect of markets in the village classified as Mandal Parishad markets or paid by the Mandal 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 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 Parishad or joint committee, as the case may be, as per the apportionment made under the said section;", "footnote": "", "is_definition": false, "sort_order": 4760 }, { "number": "74", "title": "Section 74(2)(ix)", "chapter": null, "content": "fees for the temporary occupation of village sites, roads and other similar public places or parts thereof in the village;", "footnote": "", "is_definition": false, "sort_order": 4770 }, { "number": "74", "title": "Section 74(2)(x)", "chapter": null, "content": "fees levied by the gram panchayat in pursuance of any provision in this Act, or any rule or ??????? made thereunder;", "footnote": "", "is_definition": false, "sort_order": 4780 }, { "number": "74", "title": "Section 74(2)(xi)", "chapter": null, "content": "income from endowments and trusts under the management of the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 4790 }, { "number": "74", "title": "Section 74(2)(xii)", "chapter": null, "content": "the net assessment on service inams which are resumed by Government after the commencement of this Act;", "footnote": "", "is_definition": false, "sort_order": 4800 }, { "number": "74", "title": "Section 74(2)(xiii)", "chapter": null, "content": "income derived from village fisheries, vested in the gram panchayat including the woods and reeds;", "footnote": "", "is_definition": false, "sort_order": 4810 }, { "number": "74", "title": "Section 74(2)(xiv)", "chapter": null, "content": "income derived from ferries under the management of the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 4820 }, { "number": "74", "title": "Section 74(2)(xv)", "chapter": null, "content": "unclaimed deposits and other forfeitures;", "footnote": "", "is_definition": false, "sort_order": 4830 }, { "number": "74", "title": "Section 74(2)(xvi)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 4840 }, { "number": "74", "title": "Section 74(2)(xvii)", "chapter": null, "content": "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 assessment if any, levied in respect of un-authorised occupation thereof under any law for the time being in force;", "footnote": "", "is_definition": false, "sort_order": 4850 }, { "number": "74", "title": "Section 74(2)(xviii)", "chapter": null, "content": "all income derived from trees standing on porambokes although the user of the porambokes is not vested in the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 4860 }, { "number": "74", "title": "Section 74(2)(xix)", "chapter": null, "content": "income from leases of Government property obtained by the gram panchayat;", "footnote": "", "is_definition": false, "sort_order": 4870 }, { "number": "74", "title": "Section 74(2)(xx)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 4880 }, { "number": "74", "title": "Section 74(2)(xxi)", "chapter": null, "content": "grants received from the Government, the Zilla Parishad or Mandal Parishad;", "footnote": "", "is_definition": false, "sort_order": 4890 }, { "number": "74", "title": "Section 74(2)(xxii)", "chapter": null, "content": "income from investments of amounts taken from the gram panchayat fund;", "footnote": "", "is_definition": false, "sort_order": 4900 }, { "number": "74", "title": "Section 74(2)(xxiii)", "chapter": null, "content": "all other receipts accruing from the sources of gram panchayat revenue specified in this Act; and", "footnote": "", "is_definition": false, "sort_order": 4910 }, { "number": "74", "title": "Section 74(2)(xxiv)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4920 }, { "number": "74", "title": "Section 74(3)", "chapter": null, "content": "All moneys received by the gram panchayat shall be lodged in the nearest Government treasury.", "footnote": "", "is_definition": false, "sort_order": 4930 }, { "number": "74", "title": "Section 74(4)", "chapter": null, "content": "All orders or cheques against the Gram Panchayat Fund shall be signed by the Executive Officer-cum-Village Development Officer.", "footnote": "", "is_definition": false, "sort_order": 4940 }, { "number": "75", "title": "Section 75(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 4950 }, { "number": "75", "title": "Section 75(2)(a)", "chapter": null, "content": "It shall be the duty of every gram panchayat to provide for the payment of-", "footnote": "", "is_definition": false, "sort_order": 4960 }, { "number": "75", "title": "Section 75(2)(a)(i)", "chapter": null, "content": "any amounts falling due on any loans contracted by it;", "footnote": "", "is_definition": false, "sort_order": 4970 }, { "number": "75", "title": "Section 75(2)(a)(ii)", "chapter": null, "content": "the salaries and allowances and the pensions, pensionary contributions and provident fund contributions of its officers and servants;", "footnote": "", "is_definition": false, "sort_order": 4980 }, { "number": "75", "title": "Section 75(2)(a)(iii)", "chapter": null, "content": "sums due under any decree or order of a court;", "footnote": "", "is_definition": false, "sort_order": 4990 }, { "number": "75", "title": "Section 75(2)(a)(iv)", "chapter": null, "content": "contributions, if any, levied by the Mandal Parishad subject to such limits as may be specified by Commissioner; and", "footnote": "", "is_definition": false, "sort_order": 5000 }, { "number": "75", "title": "Section 75(2)(a)(v)", "chapter": null, "content": "any other expenses rendered obligatory by or under this Act or any other law.", "footnote": "", "is_definition": false, "sort_order": 5010 }, { "number": "75", "title": "Section 75(3)", "chapter": null, "content": "A gram panchayat may, with the sanction of the Government, contribute to any fund for the defence of India.", "footnote": "", "is_definition": false, "sort_order": 5020 }, { "number": "75", "title": "Section 75(4)", "chapter": null, "content": "A gram panchayat may, with the sanction of the Commissioner, also-", "footnote": "", "is_definition": false, "sort_order": 5030 }, { "number": "75", "title": "Section 75(4)(i)", "chapter": null, "content": "contribute towards the expenses of any public exhibition, ceremony or entertainment in the village;", "footnote": "", "is_definition": false, "sort_order": 5040 }, { "number": "75", "title": "Section 75(4)(ii)", "chapter": null, "content": "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;", "footnote": "", "is_definition": false, "sort_order": 5050 }, { "number": "75", "title": "Section 75(4)(iii)", "chapter": null, "content": "contribute to the funds of any institution established for promoting community development or the aims of Panchayat Raj; and", "footnote": "", "is_definition": false, "sort_order": 5060 }, { "number": "75", "title": "Section 75(4)(iv)", "chapter": null, "content": "defray any other extraordinary charges.", "footnote": "", "is_definition": false, "sort_order": 5070 }, { "number": "76", "title": "Section 76", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 5080 }, { "number": "77", "title": "Section 77(1)", "chapter": null, "content": "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:", "footnote": "", "is_definition": false, "sort_order": 5090 }, { "number": "77", "title": "Proviso to Section 77(1)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 5100 }, { "number": "77", "title": "Section 77(2)", "chapter": null, "content": "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.", "footnote": "", "is_definition": false, "sort_order": 5110 }, { "number": "77", "title": "Section 77(3)", "chapter": null, "content": "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).", "footnote": "", "is_definition": false, "sort_order": 5120 }, { "number": "78", "title": "Section 78", "chapter": null, "content": "If the expenditure incurred by the Government or by any other gram panchayat or the Mandal Parishad or Zilla 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.", "footnote": "", "is_definition": false, "sort_order": 5130 } ], "metadata": { "Act ID": "199413", "Act Number": "13", "Enactment Date": "1994-03-30", "Act Year": "1994", "Short Title": "The Andhra Pradesh Panchayat Raj Act, 1994", "Department": "Legislative Assembly of the State of Andhra Pradesh", "Type": "STATE", "Location": "Andhra Pradesh" }, "updated_at": "2026-09-29 21:55:17" }