Back
ANDHRA PRADESH (ANDHRA AREA) DISTRICT BOARDS ACT, 1920
ANDHRA PRADESH (ANDHRA AREA) DISTRICT BOARDS ACT, 1920
CHAPTER 1 Preliminary
Section 1 Omitted
(Omitted)
Section 2 Repeal of enactments
The enactments mentioned in Schedule I are repealed to the extent specified in the fourth column thereof.
Section 3 Definitions
In this Act unless there is anything repugnant in the subject or context:
(1) (Omitted)
(1 A) Appoint :- Appoint includes to appoint temporarily or in an officiating capacity;
(2) Appointment :- Appointment includes temporary and officiating appointments;
(3) Building :- Building includes a house, out house, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever;
Section 4
(Omitted)
Section 5
(Omitted)
Section 6 Company
Company means a company as defined in the Companies Act, 1956 (Central Act I of 1956) and includes any firm or association carrying on business in the State of Andhra Pradesh, whether incorporated or not, and whether its principal place of business is situated in the said State or not;
Section 7
(Omitted)
Section 7A
(Omitted)
Section 7B
(Omitted)
Section 7C
'Executive authority' means
(i) In the case of Mandala Panchayat, the Mandal Development Officer, and
(ii) in the case of Zilla Panchayat, District Development Officers of Zilla Panchayat, District Development Officers of Zilla Panchayat;
Section 7D
(Omitted)
Section 8
(Omitted)
Section 8A
(Omitted)
Section 9 Landholder
Landholder includes all persons holding under a sanad i milkiat istimrar, all other zamindars, poligars, shrotriamdars, jagirdars and inamdars, all persons registered as proprietors under section 5 of the Madras Limited Proprietors Act, 1911, and all persons farming the land revenue under Government; all holders of land in the district of Malabar under whatever tenure; and all holders of land under ryotwari settlement, or in any way subject to the payment of land revenue direct to Government, and all registered holders of land in proprietary right;
Section 10 Latrine
Latrine includes privy, water closet and urinal;
Section 10A
(Omitted)
Section 10B Local authority
Local authority includes a cantonment authority;
Section 11 Non Panchayat area
Non Panchayat area means any area which is not comprised within the jurisdiction of a panchayat constituted under the Madras Village Panchayat Act, 1950;
Section 12
(Omitted)
Section 13 Nuisance
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 which is or may be dangerous to life or injurious to health or property;
Section 14 Owner
Owner includes (a) the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used , and (b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;
Section 15 Palanquin
"Palanquin" includes tonjons, manchils and chairs carried by means of posts, but not slings or cots used for the conveyance of children or aged or sick people;
Section 15A Panchayat
Panchayat' means a Panchayat constituted under the Andhra Pradesh Panchayat Raj Act, 1993;
Section 15B Panchayat area
'Panchayat area' means the area comprised within the jurisdiction of a Panchayat constituted under the A.P. Panchayat Raj Act, 1993;
Section 16 Prescribed
Prescribed' means prescribed by the State Government by rules made under this Act;
Section 17 Private road
'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 assess to, or the convenient use of such premises;
Section 18 Public road
'Public road' means any street, road, square, court, alley, passage or riding path, over which the public have a right of way whether a thoroughfare or not, and includes
(a) The roadway over any public bridge or causeway;
(b) the footway attached to any such road, public bridge or cause way; and
(c) the drains attached to any such road, public bridge or cause way, and the land, whether covered or not by any payment veranda 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;
Section 19 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;
Section 19A Revenue district
'Revenue district' means any local area which for the purposes of revenue administration is: under the charge of a District Collector after excluding therefrom all areas included in municipalities constituted under the Andhra District Municipalities Act, 1920 cantonments constituted under the Cantonments Act, 1924; and Scheduled districts as defined in the Scheduled Districts Act, 1874;
Section 20
'Salary' means pay and acting pay or payment by way of commission and includes exchange compensation allowance, but not allowances for house rent, carriage hire or travelling expenses;
Section 20A
(Omitted)
Section 21 Sub-landholder
'Sub-landholder' means a person not being a landholder who
(a)
(i) holds any portion of any estate consisting of one or more revenue villages on an under tenure created, continued or recognised by the proprietor of such estate, or
(ii) is entitled to collect the rents of an such village or village otherwise than as agent or servant of the landholder, and
(b) is registered as a sub landholder in the office of the Collector under the rules prescribed;
Explanation :- In this clause the word estate means any estate falling under clause (a), (b), or (c) of the definition of estate in the Madras Proprietary Estates Village Service Act. 1894, the word proprietor means a proprietor as defined in the Act;
Section 22 Tenant
'Tenant' includes all persons who, whether personally or by an agent, occupy land under a landholder or on intermediate landholder, and whether or not they pay rent to such landholder or intermediate landholder as the case may be:
Section 23
(Omitted)
Section 24 Year
Year means the financial year.
Section 25
(Omitted)
Section 26
(Omitted)
Section 27
(Omitted)
Section 28
(Omitted)
Section 29
(Omitted)
Section 30
(Omitted)
Section 31
(Omitted)
Section 32
(Omitted)
Section 33
(Omitted)
Section 34
(Omitted)
Section 35
(Omitted)
Section 36
(Omitted)
Section 37
(Omitted)
Section 38
(Omitted)
Section 39
(Omitted)
Section 40 Control over electrical undertaking of Mandla Praja partishad and Zilla Panchayat
The administration by a Mandala Panchayat or Zilla Panchayat of any undertaking for the generation, transmission, supply or use of electrical energy shall be subject to such control as may be prescribed, not inconsistent with the Indian Electricity Act,1910, as inforce for the time being, the rules made under that Act, and the terms of the licence granted under it to the Mandala Panchayat or Zilla Panchayat.
Section 41
(Omitted)
Section 42
(Omitted)
Section 43
(Omitted)
Section 44
(Omitted)
Section 45
(Omitted)
Section 46
(Omitted)
Section 47
(Omitted)
Section 49
(Omitted)
Section 50
(Omitted)
Section 51
(Omitted)
Section 52
(Omitted)
Section 53
(Omitted)
Section 54
(Omitted)
Section 55
(Omitted)
Section 56
(Omitted)
Section 57
(Omitted)
Section 58
(Omitted)
Section 59
(Omitted)
CHAPTER 5 CHAPTER
Section 60 Vesting of public roads and their appurtenances in Mandala Panchayats
(1) All public roads in any district which are classed as Inter Village Roads and public roads in non panchayat areas in the district shall vest in the Mandala Panchayat.
(2) All pavements, stones and other materials of a public road which vest in a Mandala Panchayat under sub section (1) and all works, materials and other things provided for such a road, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the Mandala Panchayat fund or otherwise, in, alongside or under any such road and all works, materials and things appertaining thereto shall vest in the Mandala Panchayat.
(3) The State Government may 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.
Section 60A Duty of Mandala Panchayat in respect of public roads excluded from the operation of the Act
Where any public road has been excluded from the operation of this Act under sub section (3) of Section 60 and placed under the control of the Highways Department of the State Government hereinafter referred to as the Highways Department, it shall be the duty of the Mandala Panchayat to provide at the cost of the Mandala Panchayat fund as the State Government may by general or special order direct
(a) for the lighting, watering, scavenging and drainage of such road;
(b) for the provision, maintenance and repair of the water supply mains, drains, and sewers in, alongside or under such road;
(c) for the provision, maintenance and repair of foot ways attached to such road:
Provided that where in the discharge of such, duties it is necessary for the Mandala Panchayat to open and break up the soil or pavement of any such road, the Mandala Panchayat shall obtain the previous consent of such officer of the Highways Department as the State Government may by general or special order specify.
Provided further that in case of emergency, the Mandala Panchayat may, without such consent, open and break up the soil or pavement of any such street, but shall, as far as practicable, restore such soil or pavement to the condition in which it was immediately before it was opened and broken up; and a report of the action so taken and the reasons therefor shall be sent forthwith to the officer specified under the foregoing proviso.
Section 60B Compulsory transfer to Government rest house, travellers bungalow, etc., vesting in Mandala Panchayat or Zilla Panchayat
(1) In the case of any public road referred to in Section 60 A, the Chief Engineer of the State Government in charge of roads, may, if in his opinion it is necessary to do so, by order in writing declare that
(a) any rest house or traveller bungalow which vests in the Mandala Panchayat or Zilla Panchayat and is in the vicinity of such road, is necessary for the proper inspection and maintenance of such road;or
(b) any tools and plant which vest in the Mandala Panchayat for Zilla Panchayat are necessary for the purpose aforesaid. On and from the date of the service of such order on the Mandala Panchayat or Zilla Panchayat, the rest house, travellers bungalow or tools and plant, as the case may be, shall vest in the State Government.
(2) Where in pursuance of subsection (1), any property of the Mandala Panchayat or Zilla Panchayat vests in the State Government, the Mandala Panchayat or Zilla Panchayat shall be paid compensation, the amount of which shall be determined in the manner, and in accordance with the principles, hereinafter set out, that is to say:
(a) In the case of a rest house or travellers bungalow the said Chief Engineer shall determine the amount of compensation payable in consultation with the President of the Mandala Panchayat or Zilla Panchayat concerned and the District Collector and in doing so, shall have regard to the provisions of sub section (a) of Section 23 of the Land Acquisition Act, 1894, in so far a they can be made applicable to the case.
(b) In the case of tools and plant, their market value on the date of service of the order under sub section (1) shall be determined by the Chief Engineer in consultation with the president of the Mandala Panchayat or Zilla Panchayat concerned.
(c) If the Mandala Panchayat or Zilla Panchayat does not accept the amount determined by the said Chief Engineer under clause (a) or (b), the board may refer the matter to the State Government whose decision thereon shall be final and binding on the board and shall not be liable to be questioned in any court of law.
Section 61 Collected sewage, etc., to belong to Mandala Panchayat or Zilla Panchayat
All rubbish, sewage, filth and other matter collected by a Mandala Panchayat or Zilla Panchayat under this Act shall belong to such Mandala Panchayat or Zilla Praja parishad.
Section 62 Transfer of immovable property from Mandala Panchayat to Panchayat
The Mandala Panchayat may, subject to such control as may be prescribed, by notification, declare that any immovable property vested in itself shall vest in any panchayat in the same district, and such property shall from the date specified in the said notification, vest accordingly.
Section 63 Power to transfer to Mandala Panchayat or Zilla Panchayat Charitable endowments under Andhra Regulation VII of 1817 and resumed charitable inams
(1)
(a) Subject to the control of the State Government the Board of Revenue may, by notification, with the consent of a Mandala Panchayat or Zilla Panchayat will make over to the Mandala Panchayat or Zilla Panchayat the management and superintendence of any charitable endowment in respect of which powers and duties attach to the Board of Revenue under the provisions of the Andhra Endowments and Escheats Regulation, 1817; and thereupon all powers and duties which attach to the Board of Revenue in respect thereof shall attach to the Mandala Panchayats or Zilla Panchayats as if it had been specially named in the said regulation and the Mandala Panchayats or Zilla Panchayats shall manage and superintend such endowment.
(b) The Board of Revenue shall, if so directed by the State Government by notification, resume the management and superintendence of any endowment made over to a Mandala Panchayat or Zilla Panchayat under clause (a); and upon such resumption, all the powers and duties attaching the Mandala Panchayats or Zilla Panchayats in respect of the endowment shall cease and determine.
(2) The State Government or such other authority as they may empower in this behalf may, with the consent of Mandala Panchayats or Zilla Panchayats assign to such Mandala Panchayat or Zilla Panchayat a charitable inam resumed by them or by any other authority, provided that net income from such inam can be applied exclusively to any purpose to which the funds of such Mandal Panchayats or Zilla Panchayats may be applied and revoke any assignment so made.
Section 64 Limitation of power to accept property trust
A Mandala Panchayat or Zilla Panchayat may accept trusts relating exclusively to the furtherance of any purpose to which its funds may be applied.
Section 65 Transfer of institutions, works, etc., to panchayats
Subject to such rules as may be made by the State Government, a Mandala Panchayat or Zilla Panchayat or the executive authority of a Mandala Panchayat or Zilla Panchayat may, with the consent of a panchayat, make over to that Panchayat 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 performance of any duty within or without the area over which the panchayat has jurisdiction.
Section 65A
(Omitted)
Section 65B
(Omitted)
Section 65C
(Omitted)
Section 66 Immovable property required by Mandala Panchayats or Zilla Panchayats may be acquired under the Land Acquisition Act, 1894
Any immovable property which any Mandala Panchayat or Zilla Panchayat is authorised by this Act to acquire 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 vest in the Mandala Panchayat or Zilla Panchayat.
Section 67
(Omitted)
Section 68
(Omitted)
Section 69
(Omitted)
Section 70
(Omitted)
Section 71
(Omitted)
Section 72
(Omitted)
Section 73
(Omitted)
Section 74
(Omitted)
Section 74A
(Omitted)
CHAPTER 6 Taxation
Section 74B Land cess
In every district, a land cess being a tax on the annual rent value of land shall be levied in accordance with the provisions hereinafter contained in this Act.
Section 74C Duty on transfers of property
In every district, a duty shall be levied in all non panchayat areas on certain transfers of property in accordance with the provisions hereinafter contained in this Act.
Section 75 Taxes
(1) A Mandala Praja parishad may by a resolution determine that a profession tax shall be levied in all non panchayat areas in the district or in any non panchayat area specified in the resolution.
(2) Omitted).
(3) Save as otherwise expressly provided by this Act:
(a) the profession tax may be levied at different rates in different portions of a Mandal; and
(b) any resolution of the district board abolishing an existing profession tax or reducing the rate at which a profession tax is levied shall be immediately reported to the State Government and (if the Mandala Panchayat has an outstanding loan), such abolition or reduction shall not be carried into effect without the sanction of the State Government.
(4) Where a resolution under sub section has taken effect for a particular year, no proposals to alter the dates or date fixed in such resolution so far as that year is concerned shall without the sanction of, or direction from, the State Government be taken into consideration by the Mandala Panchayat.
Section 76 Pilgrim tax
With the previous sanction of the State Government and the Central Government a Mandala Panchayat or Zilla Panchayat may by a resolution determine to levy a tax on persons travelling by railway from any station notified under Section 110 in or near any local area in the district which is resorted to by pilgrims:
Provided that no portion of the proceeds of such tax shall be expended for purposes other than making arrangements for the health and comfort of the pilgrims resorting to or the improvement or development of, such local area.
Section 76A Saving for certain provisions of the constitution
Nothing in this part of this Act shall authorise a Mandala Panchayat or Zilla Panchayat to levy any tax which the State Legislature has no power to impose in the State under the Constitution of India:
Provided that any such tax which was lawfully levied before the commencement of the Constitution under this Act as then in force may be continued to be levied until provision to the contrary is made by Parliament by Law.
Section 77 Resolution and notification regarding levy of taxes
(1) Any resolution of a Mandala Panchayat determining to levy any tax under sub section (1) of Section 75 or under Section 76 shall specify the local limits of the area in which, the rate at which, the date from which and the period of levy, if any, for which, such tax shall be levied.
(2) When by any such resolution, a Mandala Panchayat determines to levy any tax for the first time or at a new rate, to executive authority of the Mandala Panchayat shall forthwith publish a notification in the prescribed manner specifying the particulars referred to in sub section (1) and contained in such resolution.
Land cess
Section 78 Land cess
The land cess shall be levied on the annual rent value of all occupied lands on whatever tenure held and shall consist of a tax of twelve paise in the rupee of the annual rent value of all such lands in the Mandal.
Section 79 Annual rent value of lands how fixed
The annual rent value shall, for the purposes of Section 78, be calculated in the following manner:
(i) In the case of lands held direct from Government on ryotwari tenure or on lease or licence, and also in the case of lands situated in the dirstrict of Malabar on whatever tenure held, the assessment, lease amount royalty or other sum payable to Government for the lands, together with any water rate which may be payable for their irrigation, shall be taken to be the annual rent value.
(ii) In the case of inam lands held wholly or partially free from assessment, the full assessment which such lands would bear if they were not inam, together with any water rate which may be payable for their irrigation , shall be taken to be the annual rent value; and such full assessment and water rate shall be determined by the District Collector under the general orders of the Board of Revenue.
(iii) In the case of lands held on any other tenure, the annual rent payable to the landholder, sub landholder or any other intermediate landholder holding on an under tenure created, continued or recognized by a landholder or sub landholder, as the case may be, by his tenants, together with any water rate which may be payable for their irrigation, shall be taken to be the annual rent value: and where such lands are occupied by the owner himself or by any person holding the same from him free of rent or at a favourable rent, the annual rent value shall be calculated according to the rates of rent usually paid by occupancy ryot for ryoti lands in the neighbourhood with similar advantages, together with any water rate which may be payable for the irrigation of the lands so occupied.
(iv) In the case of lands, the assessment of rent of which is paid to kind, the annual rent value shall be calculated according to the rates of rent established or said for neighbouring lands of a similar description and quality, together with any water rate which may be payable for the irrigation of the lands first mentioned method, or if such mentioned of calculation is, in the opinion of Board of Revenue, impracticable in any particular case, according to any method which the Board of Revenue may approve for that case;
Provided that where any landholder or sub landholder has obtained under the provisions of Section 30 (iii) and 33 of the Andhra Estate Land Act, 1908, a decree empowering him to increase his rent in consequence of any additional payment by way of water rate made by him to Government, the annual rent value shall be the balance remaining after deducting such increase of rent up to the amounts of the water rate from the sum ascertained as aforesaid.
Section 80
(1) The rent value of the lands referred to in clause (iii) of Section 79 shall be fixed by the District Collector for a triennium and shall not be revised or altered during the triennium provided that clerical or arithmetical mistake may be corrected.
(2)
(a) The list furnished by a landholder under sub section (1) shall specify:
(i) in the case of lands held by a sub landholder under him, the kattubadi, jodi, poruppu or quit rent payable to him by such landholder; and
(ii) in the case of any other lands occupied by the landholder, the annual rent value thereof exclusive of the water rate, if any, payable by his tenants direct to Government.
(b) The list furnished by the sub landholder under sub section
(1) shall specify the annual rent value of the lands occupied, by him, exclusive of the water rate, if any, payable by his tenant direct to Government.
(3) When two or more persons hold a revenue village or villages jointly, the landholder or sub land holder shall, for the purpose of sub sections (1) and (2), be the person who is recognised by the other joint holder or who, in case of dispute, is recognized by the District Collector as such.
Section 81 District Collector to assess cess according to lists, if they are correct
If the District Collector is satisfied with the lists furnished by a landholder or sub landholder in compliance with requisitions made under Section 80 for each of the three fasli years preceding any triennium he shall assess such landholder or sub landholder for the triennium with the reference to the average annual rent value of his lands as disclosed in the lists aforesaid.
Section 82 Penalty for failure to furnish such lists
If a landholder or a sub landholder shall neglect to comply with a requisition made under Section 80 within six months from the date of receipt by him of such requisition, he shall be liable to a penalty not exceeding fifty rupees for everyday delay after the expiry of the six months, until the list be furnished or until the annual rent value of his land shall have been fixed by the District Collector as provided in Section 83, but the penalty imposed shall in no case exceed three thousand rupees. The amount of such penalty shall be fixed by the District Collector and shall be recoverable as an arrear of land cess.
Section 83 District Collector may fix the annual rent value
If on such list be furnished by a landholder, sub landholder in respect of any one or more of the three fasli years preceding the triennium within one month from the expiration of the period of six months referred to in Section 82, the District Collector shall himself fix the annual rent value of the lands of such landholder or sub landholder for the triennuim.
Section 84 Power of District Collector to summon parties
The District Collector may take steps in the manner provided by the Andhra Revenue Summons Act, 1869, for ascertaining the correctness of any list furnished in compliance with requisition made under Section 80 or where such list shall not have been furnished for any of the three fasli years preceding the triennium for fixing the annual rent value as provided in Section 83 anything in the Andhra karnams Regulations, 1802, to the contrary notwithstanding and he may depute any of his officers to make such inquiries as may be necessary.
Section 85 Power of District Collector to amend lists and assess landholder or sub landholder according to lists as amended
(1) If after due inquiry, the District Collector is dissatisfied with any list or lists furnished by a landholder or sub landholder for any one or more of the three fasli years preceding the teriennium, he shall amend such list or and supply the landholder or sub landholder with a copy of the list or lists as so amended.
(2) The District Collector shall assess the landholder or sub landholder for the triennium with reference to the average annual rent value of his lands as disclosed by the lists for the three fasli years preceding the triennium, as amended under sub section (1) and furnish the landholder with a statement showing the annual rent value of his lands as fixed for the triennium.
Section 86 Appeal to Board of Revenue
(1) An appeal shall lie to the Board of Revenue from any assessment made by the District Collector under sub section (2) of Section 85.
(2) Such appeal shall be preferred within six weeks from the date on which the statement referred to in sub section (2) of Section 85 is furnished to the landholder or sub landholder.
(3) The order made by the Board of Revenue on such appeal shall be final.
Section 87 Land cess to be entered in pattas of ryotwari lands
In the case of lands held on ryotwari tenure, the amount of the land cess payable by the landholder shall be entered in his patta.
Section 88 Payment of land cess by landholders and sub landholders
Every landholder and sub landholder shall pay to the District Collector or other officer empowered by him to receive it, the land cess due in respect of lands held by him exclusive of the amount of such cess, if any, payable by the sub lanholder or landholder as the case may be, and by the tenant on or before such dates and in suchinstalments as the District Collector under the General orders of the Board of Revenue may, by notification, declare. And if such lands be occupied by a tenant paying water rate direct to Government, such tenant shall pay to the District Collector together with the water rate the land cess due on the amount of such water rate:
Provided that in all cases where a person holds lands with or without a right of occupancy as an intermediate landholder on an undertenure created, continued or recognized by a landholder, or sub landholder, it shall be lawful for the landholder or sub landholder to recover from such intermediate landholder the whole of the cess paid by the landholder or sub landholder in respect of lands held by such intermediate landholder less one half the cess assessable on the amount of any kattubadi,jodi, poruppu or quit rent payable by such intermediate landholder to the landholder or sub landholder.
Provided also that, in the case of lands occupied by tenants, it shall be lawful for the landholder, sub landholder or any other intermediate landholder, as the case may be, to recover from his tenant one half of the amount payable by such landholder, sub landholder or intermediate land holder in respect of the lands so occupied.
Section 89 Powers of landholders
Every landholder, sub landholder or any other intermediate landholder, as the case may be, shall in recovering any amount which may be due to him under the proviso to Section 88,be entitled to exercise the same powers as may, under any Act or Regulation which now is, or hereafter may be, in force, be exercised by any landholder in the recovery of rent, and shall be liable to all the panalties prescribed therein for the abuse of such powers.
Explanation:- A landholder or sub landholder shall, in recovering the amount due to him, under the first proviso to Section 88 from the intermediate landholder referred to therein, be entitled to exercise the powers and be subject to the penalties specified in this section, as if the intermediate landholder were a ryot with whom a patta and muchilika had been exchanged and the provisions of Andhra Estates Land Act, 1908, shall, so far as may be, be applicable thereto.
Section 90 Remission of land cess on permanently settled revenue payable to Government
Every landholder to whom clause (iii) of Section 79 applies shall be entitled to a remission of one half of the cess payable by him on so much of the annual rent value of his lands as is equal to the amount of permanently settled revenue payable by him to Government in respect of such land:
Provided that the amount recoverable by such landholder from his tenants under the second proviso to section 88 shall be calculated upon the whole amount which would have been payable by him to Government if no such remission had been allowed.
Section 91 Recovery of arrears of cess
If a landholder or sub landholder shall, on any date fixed by the District Collector under Section 88, have failed to pay either in whole or in part the cess due by him in respect of his lands or if a tenant shall have failed to pay either in whole or in part the cess due by him, on the water rate payable direct by him to Government in respect of lands occupied by him, the said cess or such part of it as remains unpaid shall be recoverable as if it were an arrear of revenue under the Andhra Revenue Recovery Act, 1864, and the provisions contained in Section 42 of the said Act shall be applicable to all lands brought to sale for arrears of cess.
Section 92 Apportionment of land cess
The proceeds of the landcess shall be credited to the Zilla Panchayat Fund:
"Provided that the cess collected in any Panchayat area shall be distributed as follows:
(a) one fourth of the cess shall be credited to the Zilla Panchayat Fund;
(b) one fourth of the cess shall be credited to the Mandala Panchayat found of the Mandala Panchayat having jurisdiction over the area; and
(c) the other half of the cess shall be credited to the Panchayat fund". Profession tax
Section 93 Profession tax
(1) If the Mandala Praja parishad by a resolution determines that a profession tax shall be levied in any non panchayat area. Every company which, after the date specified in the notification published under sub section (2) of Section 77 transacts business in such non panchayat area for not less than sixty days in the aggregate in any half year, and every person who, after the said date, in any half year:
(a) exercises a profession, art or calling or transacts business or holds any appointment, public or private:
(i) within such non panchayat area for not less than sixty days in the aggregate, or
(ii) without such non panchayat area but who resides in it for not less than sixty days in the aggregate; or
(b) resides in such local area for not less than sixty days in the aggregate and is in receipt of any pension or income from investments, shall pay a half yearly tax assessed in accordance with the rules in Schedule IV.
(2) A person shall be chargeable under the class appropriate to his aggregate income from all the sources specified in sub section (1) as being liable to the tax.
(3) If a company or person proves that it or he has paid the sum due on account of the profession tax levied under this Act, or the companies or profession tax levied under the Madras City Municipal Act, 1919 or the Andhra District Municipalities Act, 1920, or any tax of the nature of a profession tax imposed under the Cantonments Act, 1924, for the same half year to any Mandala Praja parishad or municipal council or cantonment authority in the Andhra State, such company or person shall not be liable by reason merely of change of place of business, exercise of profession art of calling appointment or residence to pay to any other Mandala Panchayat, Municipal council or cantonment authority more than the difference between such sum and the amount to which it or he is otherwise liable for the profession or companies tax for the half year under this Act or any of the aforesaid Acts.
(4) Nothing contained in this section shall be deemed to render a person who resides within the local limits of one local authority and exercises his profession, art or calling or transacts business or holds any appointment within the limits of any other local authority or authorities liable to profession tax for more than the higher of the amounts of the tax leviable by any of the local authorities. In such a case the State Government shall apportion the tax between the local authorities in such manner as they may deem fit and the decision of the State Government shall be final:
Provided that where one of the local authorities concerned is a cantonment authority or the port authority of a major port, the decision of the State Government shall be subject to the concurrence of the Central Government.
Section 94 Liability of members of firms, associations and joint Hindu families to profession tax
The profession tax leviable from a firm, association or joint Hindu family may be levied from any adult member of the firm, association or family.
Section 94A Liability of servants or agents to profession tax
(1) If a company or person employs a servant or agent to represent it or him for the purpose of transacting business in any non panchayat area, such company or person shall be deemed to transact business in the non panchayat area and such servant or agent shall be liable for the profession tax in respect of the business of such company or person whether or not such servant or agent has power to make binding contracts on behalf of such company or person.
(2) Where one company or person is the agent of another company or person, the former company or person shall not be liable separately to the profession tax on the same income as that of the principal.
Section 95
(Omitted)
Section 96 Service of notice on failure of payment of tax
If the profession tax due from any company or person is not paid, the executive authority of the panchayat shall cause a notice to be served on such company or person to pay it within fifteen days of the date of such service.
Section 96A Statement, returns etc., to be confidential
All statements made, returns furnished or accounts or documents produced in connection with the assessment of profession tax by any company or person shall be treated as confidential and copies thereof shall not be granted to the public.
Section 97 Notice to owner or occupier to furnish list of person liable to tax
The executive authority of the panchayat may by notice require the owner or occupier of any building or land and every secretary or manager of a hotel, boarding or lodging house, club or residential chambers to furnish within a specified time a list in writing containing the names of all persons occupying such building, land, hotel, boarding or lodging house, club or residential chambers and specifying the profession, art, or calling of every such person and the rent, if, any, paid by him and the period of such.
Section 98
(Omitted)
Section 99
(Omitted)
Section 100
(Omitted)
Section 101
(Omitted)
Section 102
(Omitted)
Section 103
(Omitted)
Section 104
(Omitted)
Section 105
(Omitted)
Section 106
(Omitted)
Section 107
(Omitted)
Section 108
(Omitted)
Section 109
(Omitted)
Section 110 Levy of pilgrim tax
(1) Where a local area is restored to by pilgrims and the occasions for pilgrimage occur at intervals of years or only once or twice in a single year, a tax on persons leaving such area or its neighborhood by railway shall be levied only for a specified period in respect of each such occasion. Where occasions for pilgrimage are more frequent or a place of pilgrimage is one of perennial resort, the tax may be levied through out the year.
(2) The occasion and the period of levy of the tax shall in consultation with the railway administrations concerned and with the previous approval of the State Government determined by the Mandala Panchayat; or
(3) If the Mandala Panchayat or Zilla Panchayat by a resolution determines that the tax shall be levied, such tax shall be collect from the date and during the period specified in the notification published under sub section (2) of Section 77 in pursuance of such resolution as a surcharge on the tickets of all passengers traveling by railway from any one of the railway stations in or near the local area and named in such notification to any other railway station more than a specified distance therefrom.
(4) The rates which the tax shall be levied on such class of tickets shall be determined by the Mandala Panchayat or Zilla Panchayat but shall not exceed the rates in the following table: Tax For limited periods Throughout the year (1) (2) Rs. Ps. Rs. Ps. For first class tickets 0 50 0 25 For second class tickets 0 25 0 12 For intermediate class tickets 0 19 0 06 For third class tickets 0 12 0 06
Provided that the rates leviable on season tickets, if any, shall be determined by the Mandala Panchayat or Zilla Panchayat in consultation with the railway administration concerned but shall not for a period of one month or any less period exceed six times the rates given in column (2) of the above table.
(4-a) The proceeds of the pilgrim tax shall be credited to the Mandala Panchayat fund and Zilla Panchayat fund:
Provided that where the tax is levied in respect of a Panchayat area and the occasion for pilgrimage is not a festival classified as Mandala level festival, the proceeds shall be credited to the Panchayat fund.
(5) The State Government may make rules not inconsistent with this Act for regulating
(i) the collection of the tax
(ii) the payment thereof to the Mandla Panchayat or Zilla Panchayat or Panchayat concerned.
(iii) the deduction of any expenses incurred by railway administrations in the collection thereof, and
(iv) the decision of disputes
(a) between Mandala Panchayat or Zilla Panchayat or Panchayats and between Mandala Praja parishad or Zilla Panchayat or Panchayat and other local authorities; and
(b) between Mandala Panchayat or Zilla Panchayat or Panchayats and railway administrations in matters connected with the levy collection or apportionment of the tax.
Provided that rules relating to the decision of disputes shall not have effect in relation to any dispute where one of the parties is a cantonment Authority, or the administration of any railway as defined in clause (20) of Article 366 of the Constitution, unless the rules are made with the concurrence of the Central Government.
Section 110A Method of assessment of duty on transfers of property
The duty on transfers of property shall be levied
(a) Central Act II of 1899 : 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 of Andhra area of the State of Andhra Pradesh on every instrument of the description specified below, which relates to immovable property situated in any non panchayat area in a district: and
(b) at such rate as may be fixed by the State Government, not exceeding five per cent, on the amount specified below against such instrument: Description of instrument Amount on which duty should be levied
(i) Sale of immovable property The amount or value of the consideration for the sale, as setforth in the instrument
(ii) Exchange of immovable property The value of the property of the greater value, as set forth in the instrument
(iii) Gift of immovable property The value of the property, as setforth in the instrument
(iv) Mortgage with possession of immovable property The amount secured by the mortgage, as setforth in the instrument.
(v) Lease in perpetuity of immovable property An mount 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.
Section 110B Provision applicable on the introduction of transfer duty
On the introduction of the transfer duty -
(a) Section 27 of the said Indian Stamp Act shall be read as if it specifically require the particulars to be setforth separately in respect of property situated in any non panchayat area in a district and outside such area;
(b) Section 64 of the same Act shall be read as if it referred to the Mandala Panchayat concerned as well as the Government.
Section 110C Power to make rules regarding assessment and collection of transfer duty
The State Government may make rules not inconsistent with this Act for regulating the collection of the duty, the payment thereof to the Mandala Praja Pariishads concerned and the deduction of any expenses incurred by the Government in the collection thereof. Exemption and waiver
Section 111 Power to exempt from taxes
The Mandala Panchayat or Zilla Panchayat may exempt any person or class of persons wholly or in part from the payment of any tax. But nothing in this section shall be deemed to authorise the exemption of any person solely on the ground that he is a member of a Mandala Panchayat or Zilla Panchayat.
Section 111A Power to write off irrecoverable taxes etc.
Subject to such restrictions and control as may be prescribed, a Mandala Panchayat to Zilla Panchayat may write off any tax, fee or other amount whatsoever due to it, whether under a contract or otherwise or any sum payable in connection therewith, if, in its opinion, such tax, fee, amount or sum is irrecoverable.
CHAPTER 7 General provision relating to finance
Section 112 Purposes to which Mandala Panchayat funds may be applied
(1) The purposes to which the moneys received under this Act may be applied are, in general, every thing necessary for, or conducive to the safety health, convenience or education of the inhabitants, or the amenities of the local area concerned and everything incidental to the administration and include in particular
(a) in respect of the Mandala Panchayat :
(i) the construction, repair and maintenance of road, bridges and other means of communication other than ferries of inter district importance;
(ii) the planting of trees on the sides of public roads and on other places and the preservation of trees planted by or belonging to the Mandala Panchayats.
(iii) the construction and maintenance of hospitals, dispensaries, choultries and markets (other than those mentioned in clause (b), shops, plinths, stalls, slaughter house, cart stands, drains, sewers, latrines, waterworks, tanks and wells, the payment of all charges connected with the objects for which such buildings or works have been constructed, the training and employment of vaccinators, the sanitation of towns and villages, the removal of congestion of population and the provision of house sites, the cleaning of the roads, drains, sewers, latrines, tanks and wells, and other works of a similar nature;
(iv) the payment of contribution of the funds of health and welfare association or of any institution for the relief of the poor or the treatment of disease or infirmity or the reception of diseased or infirm persons;
(v) the difussion of elementary education and with this view, the construction and repair of school houses for elementary schools and Junior Basic schools, the establishment and maintenance of such schools, the inspection of such schools, and the establishment and maintenance of libraries and reading rooms;
(vi) the payment of any accounts falling due on any loans legally contracted by the Mandala Panchayat.
(vii) the payment of sums falling due under any decree of court and of refunds sanctioned by the Mandala Panchayat.
(viii) other measures of local public utility (including agricultural industrial or trading concerns) calculated to promote the safety, health comfort or convenience of the people.
(b) in respect of the Zilla Panchayat :
(i) the maintenance of ferries of inter District importance;
(ii) the construction and maintenance of ayurvedic dispensaries, poor houses, orphanages, choultries having properties and endowments extending over more than one Mandal and markets of district importance and payment of all charges connected with the objects for which such buildings or works have been constructed;
(iii) the diffusion of secondary education and with this view, the construction and repair of school houses for high schools, middle schools and Senior Basic schools and the establishment and maintenance of such schools and the inspection of such schools;
(iv) the payment of salaries, leave allowances, pensions gratuities and compassionate allowances to servants employed by the Zilla Panchayat.
(v) the payment of any amounts falling due on any loans legally contracted by the Zilla Panchayat;
(vi) the payment of any sum falling due under any decree of a court and refunds sanctioned by the Zilla Panchayat:
Provided that nothing in this sub section shall be deemed to enable a Mandala Panchayat or Zilla Panchayat to expend its moneys within any panchayat area for any purpose exclusive within the jurisdiction of the panchayat, except with general or special sanction of the State Government.
(2) The funds of a Mandala Panchayat or Zilla Panchayat shall be applicable to the purposes mentioned in sub section (1) within the district subject to the rules in Schedule V and any further rules which may be prescribed; and shall subjects as aforesaid be applicable to such purpose outside its jurisdiction if the expenditure is authorized by this Act or is specially sanctioned by the State Government.
Section 113
(Omitted).
Section 114
(Omitted).
Section 115 Receipts and charges of the different classes of Mandala Panchayat or Zilla Panchayat funds
The rules embodied in Schedule V regarding the charges to be debited to, and the receipts to be placed to the credit of Mandala Panchayat funds or Zilla Panchayat funds as the case may be, and regarding the administration of those funds, shall be read as part of this chapter.
Section 116
(Omitted).
Section 117
(Omitted).
Section 118
(Omitted).
Section 119
(Omitted).
Section 120
(Omitted).
Section 121 Contributions to expenditure by other local authorities
(1) If the expenditure incurred, by the State Government or by any other Mandala Panchayat or Zilla Panchayat to which this Act applies or by any other local authority in the State of Andhra for any purpose authorised by or under Schedule V is such as to benefit the inhabitants of the Mandal or District or any part thereof the Mandala Panchayat or Zilla PPanchayat may, with the sanction of the State Government make a contribution towards such expenditure.
(2) The State Government may direct Mandala Panchayat or Zilla Panchayat to show cause within a month after receipt of the order containing the direction, why any contribution described in sub section (1) should not be made.
(3) If the Mandala Panchayat or Zilla Panchayat fails to show cause within the said period satisfaction of the State Government, the State Government may direct it to make such contribution as they shall name and it shall be paid accordingly.
Section121A Recovery of loans and advances made by the State Government
Notwithstanding anything in the Local Authorities Act, 1964 the State Government shall be entitled to recover either by an order made by the District Collector with the previous sanction of the State Government directing the person having the custody of the Mandala Panchayat fund or pay it in priority to any other charge against such fund, or by suit,any loan or advance made to any purpose to which the funds of the said Mandala Panchayat or Zilla Panchayat as the case may be, be applied under this Act.
CHAPTER 8 PUBLIC HEALTH
Section 121B Provisions of chapter (except Sec. 137, 138 and 139) shall not apply to panchayat areas
The provisions of this chapter, except Secs. 137, 138 and 139, shall not apply to any panchayat area unless the State Government by general or special order, otherwise direct. Private and public tanks or wells
Section 122 Closing and cleansing of wells, etc.
The executive authority of Panchayat Samithi may require the owner of, or the person having control over, any private stream channel, tank, well, or other place the water of which is used for drinking, to cleanse and maintain the same in good repair, to provide parapet walls for the same, and also to protect any such well from pollution by surface drainage in such manner as he may think fit, or whenever the said water is prove to the satisfaction of such executive authority to be unfit for drinking to desist from so using such water or permitting others so to use it; and if, after such notice, the water of such well, tank or reservoir is used by any person for drinking, the executive authority require the owner or person having control thereof to close such well, tank or reservoir either temporarily or permanently, or to enclose or fence such well, tank or reservoir, in such manner as he may direct so that the water thereof may not be used for drinking; Provided that in the case of private streams, channels, tank, wells or other place mentioned in this section, the water of which is used for drinking by the public or any section of the public by right, the expenses incurred in the closing or the fencing of such well, tank or reservoir shall be paid by the Mandala Panchayat from the Mandal Panchayat fund.
Section 123 Filling in of pools, etc., which are a nuisance or may prove dangerous to the public health
(1) If in the opinion of the executive authority of Mandala Panchayat.
(a) any tank, well, pond, pool, ditch, bog, swamp, quarry hole, drain, cess pool, pit, water course or any collection of water, or
(b) any land on which water may accumulate is or is likely to be dangerous or to prove injurious to health or offensive to the neighbourhood by becoming a breeding place of mosquitoes, or in any other manner, he may, by notice require the owner or other person having control thereof to fence, repair, fill up, cover, clean, drain or drain off the same in such manner and with such materials as may be stated in the notice or to take such order with the same as the notice may direct.
(2) If any person on whom such notice is served delivers to the executive authority within the time specified for compliance therewith, written objections to such requisition, the executive authority shall report on such objections to the Mandala Panchayat and shall not institute any prosecution for failure to comply with such requisition except with the approval of the Mandala Panchayat. The executive authority may nevertheless execute such works as may in his opinion be of urgent importance to prevent immediate danger to the public or injury to the public health pending decision of the Mandala Panchayat. The Mandala Panchayat shall decide, in every such such case, whether the cost of the work executed shall be paid by the owner or the Mandala Panchayat or shall be shared and if so, in what proportion.
Section 124
(1) Setting apart of public tanks, etc., for certain purposes :-
(a) The Mandala Panchayats may, in the interests of public health regulate or prohibit the washing of animals or of clothes or other articles or fishing, in any public water course or part thereof and may set apart any such place for drinking or bathing or for washing animals or clothes or for any other specified purpose.
(b) The powers conferred by clause (a) may, in the case of any private spring, tank, well or water course, be exercised by the mandala Praja paprishad with the consent of the owner of such place.
(c) The Mandala Panchayat may, in the interest of public health regulate or prohibit the washing of animals or of other articles in any private spring, tank, well or water course from which the public have a right to take water for drinking purposes.
(2) The president of a Mandala Panchayat on receipt of a certificate from any medical officer in Mandala Panchayat, Government employ stating that the water in any well, tank or other source of water supply to which the public have access is likely to endanger or cause the spread of any dangerous disease, may by public notice prohibit the use of such water. Such notice shall be served by placing a notification near the source of water supply or by beat of drum stating the number of days during which such prohibition shall last. The executive authority extend or modify the notice without the production of a further certificate.
Section 125 Prohibition against using place so set apart for purposes other than those notified
No person shall
(a) bathe in or defile the water in any place set apart for drinking or cooking purposes either by a Mandala Praja parishad or, in the case of private property. by the owner thereof; or
(b) deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes; or
(c) wash clothing in any place set apart as aforesaid for drinking or bathing; or
(d) wash any animal or any cooking utensil or wool, skins, or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid for drinking purposes or bathing or washing clothes; or
(e) allow the water from a sink, sewer, drain, engine or boiler, or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid for drinking purposes, or for bathing, or for washing clothes.
Section 126 Maintenance of wells, tanks, etc., Mandala Panchayats
Every Mandala Panchayat
(i) shall maintain in a clean condition all wells, tanks and reservoirs which are not private property and may fill them up or drain them when it appears necessary so to do; and
(ii) shall have control of all waterways other than water ways which are, or are connected with, works of irrigation, not being private property and not being speciality excepted by any order of the State Government and may do all things necessary for their maintenance, repair and improvement with a view to their use by the public but shall not be entitled to levy any fees in respect thereof.
Section 126A Public wells, etc., open to all persons
All wells, tanks, reservoirs and water ways referred to in Section 126 when maintained by a Mandala Panchayat shall be open to use and enjoyment by persons of whatever caste or creed. Scavenging
Section 127 Cleaning of private latrines etc.
The executive authority of a Mandala Panchayat may contract with the owner or occupier of any premises to remove rubbish or filth, or any particular kind of rubbish, or filth, from such premises or and place belonging thereto, on such terms as to times and periods of removaland other matter as may seem suitable to the executive authority and on payment of fees at such rate calculated to cover the cost of the service as the Mandala Panchayat may have laid down.
Section 128 Contributions from persons having control over places of piligrimage, etc
Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs, festivals or for other like purposes is situated within the limits of a Block or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary shall be made by the Mandala Panchayat and the Mandala Panchayat may require the trustee or other person having control over such place to make such recurring or non recurring contribution to its funds as the State Government may determine.
Section 129 Prohibition against allowing outflow o filth
No owner or occupier of any premises shall allow the water from any drain, latrine or stable, or any other filth to flow out of such premises to any portion of a public road vested in a Mandala Panchayat except a drain or a cesspool or to flow out of such premises in such a manner as to cause nuisance by the soakage of the said water filth into the walls of ground at the side of a drain forming a portion of such public road. Private drainage
Section 129A Powers to require construction for removal of private drains
A Mandala Panchayat may, by notice, require the owner or occupier of any building to construct private drains therefor or alter or remove the private drains thereof, Dangerous diseases
Section 130 Definition of dangerous disease
Dangerous disease means a disease specified in Schedule VI.
Section 131 Power of entry into suspected places and dissinfection of building and articles
(1) The executive authority of a Mandala Panchayat may at any time by day or by night without notice or after giving such notice as may appear to him reasonable, inspect any place in which any dangerous disease is reported or suspected to exist, and take such measures as he may think fit to prevent spread of such disease beyond such place.
(2) If the executive authority is of opinion that the cleansing or disinfecting of any premises or part thereof, or of any article therein which is likely to retain infection, will tend to prevent or check the spread of any dangerous disease, he may by notice require the occupier to cleanse or disinfect the same, in the manner and within the time specified in such notice.
(3) If the executive authority considers that immediate action is necessary, or that the occupier is, by reason of poverty or otherwise,unable effectually to comply with his requisition, the executive authority may himself without notice cause such premises or article to be cleansed or disinfected and for this purpose such article to be removed from the premises and the expenses incurred by the executive authority shall be recoverable from the said occupier in cases in which he is in the opinion of the executive authority not unable by reason of poverty effectually to comply with such requisition.
(4) The powers conferred on the executive authority by sub sections (1) to (3) may be exercised by the district health officer or any other authority authorised by him.
Section 132 Executive authority to notify places for washing and disinfecting
(1) The executive authority of a Mandala Panchayat may notify places to which conveyances, clothing or other articles which have been exposed to infection from any dangerous disease shall be removed and at which they shall be washed, disinfected or otherwise disposed of.
(2) The executive authority may direct the destruction of bedding, clothing or other articles likely to retain such infection, and shall on demand give compensation for the articles destroyed.
Section 133 Prohibition against infected person carrying on occupation
If any person knows or has reason to believe that he is suffering from a dangerous disease, he shall not engage in any occupation, or carry on any trade or business unless he can do so without risk of spreading the disease.
Section 134 Persons suffering from dangerous disease and public conveyances
(1) No person who is suffering from any dangerous disease shall, without taking proper precautions against spreading such disease, cause or suffer himself to be conveyed in a public conveyance.
(2) No person who is suffering from any dangerous disease shall enter a public conveyance without previously notifying to the owner or driver or person in charge of such conveyance that he is so suffering.
(3) No owner, driver, or person in charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as aforesaid in convtravention of sub section (1).
(4) No owner or driver or person in charge of a public conveyance shall be bound to convey any person suffering as aforesaid, unless and until the said person pays or tenders a sum sufficient to cover any loss and costs that may be incurred in disinfecting such conveyance.
(5) A court convicting any person for contravening sub section (1) or sub section (2) may levy, in addition to the penalty for the offence provided in this Act, an additional fine of such amount as the court deems sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinrecting the conveyance. The amount of any additional fine so imposed shall be awarded by the Court to the owner or driver of the conveyance.
Provided that if such additional fine is imposed in a case which is subject to appeal, the amount shall not be paid to the owner or driver before the period allowed for presenting the appeal has elapsed: or if an appeal is presented, before the decision of the appeal.
(6) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum which the plaintiff shall have received under this section.
Section 135 Power to order closure of places of public entertainment
In the event of the prevalence of any dangerous disease within Mandal the executive authority of the Mandala Panchayat may by notice require the owner or occupier of any building, booth or tent used for purpose of public entertainment to close the same for such period as he may fix.
Section 136 Minor, suffering from dangerous disease not to attend school
No person being the parent having the care or charge of a minor who is or has been suffering from a dangerous disease or has been exposed to infection therefrom shall, after a notice from the executive authority of a Mandala Panchayat or any person duly appointed by him in this behalf that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the executive authority or such person or a registered medical practitioner a certificate that in his opinion such minor may attend without risk communicating such disease to others. Smallpox
Section 137 Compulsory vaccination
(1) Vaccination shall be compulsory in any local area to which this Act applies in respect of such persons and to such extent as may be prescribed.
(2) The Mandala Panchayat and its executive authority shall subject to such control as may be prescribed, be responsible for enforcing vaccinat]ion.
Section 138 Obligation to give information of smallpox
Where an inmate of any dwelling place is suffering from smallpox the head of the family to which the inmate belongs and, in default, the occupier of person in charge of such place, shall give intimation of the fact to the executive authority of the Mandala Panchayat or the village headman concerned with the least practicable delay.
Section 139 Prohibition of inoculation for smallpox
(1) Inoculation for smallpox is hereby prohibited.
(2) No person who has undergone the operation of inoculation shall leave the village or town in which he is before the lapse o forty days from the date of inoculation without a certificate from a medical practitioner of such class as the Mandala Panchayat may authorise to grant such certificates, stating that such person is no longer likely to produce smallpox by contact or near approach.
Section 140 Registration of burial and burning grounds
(1) Every owner or person having the control of any place used at the date of the coming into operation of this Act as a place for burying, burning or otherwise disposing of the dead shall, if such place be not already registered apply to the Mandala Panchayat to have such place registered.
(2) If it appears to such Mandala Panchayat that there is no owner or person having the control of such place, the Mandala Panchayat shall assume such control and register such place or may close it.
Section 141 Licensing of places for disposal of dead
(1) No new place for the disposal of the dead, whether private or public shall be opened, formed, constructed or used unless a licence has been obtained from the Mandala Panchayat on application.
(2) Such application for a licence shall be accompanied by a plan of the place to be registered showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein the system, or management and such further particulars as the Mandala Panchayat may require.
(3) The Mandala Panchayat to whom application is made may:
(a) grant or refuse a licence ; or
(b) postpone the grant of a licence until objections to the site have been removed or any particulars called for by it have been furnished.
(4) The State Government may cancel or modify any order passed by a Mandala Panchayat under sub-section (3).
Section 142 Provision of burial and burning grounds and crematoria
The Mandala Panchayat may and shall, if no sufficient provision exists, provide at the cost of the Mandala Panchayat fund places to be used as burial or burning grounds or crematoria; and may charge rents and fees for the use thereof.
Section 143 A book to be kept of places registered, licensed or provided
(1) A book shall be kept at the office of every Mandala Panchayat in which places registered, licensed or provided under s 140 to 142 and all such places registered, licensed or provided before the commencement of this Act shall be recorded.
(2) Notice that such place has been registered, licensed or provide as aforesaid shall be affixed in English and at least in one vernacular to some conspicuous place at or near the entrance to the burial or burning ground or other place or as aforesaid.
Section 144 Prohibition against burying or burning in unauthorized places
No person shall bury, burn or otherwise dispose of, or cause or suffer to be buried, burnt or otherwise disposed of, any crops in any place within 100 yards of a dwelling place or source of drinking water supply other than a place registered, licensed or provided as aforesaid:
Provided that no prosecution shall be instituted for contravening the provisions of this section without the written sanction of the executive authority of the Mandala Panchayat concerned.
Section 145 Notice to be given to Mandala Panchayat of burials etc
The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of a corpse at such a place to any person appointed by the Mandala Panchayat concerned.
Section 146 Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves
(1) If a Mandala Panchayat is satisfied.
(a) that any registered or licensed place for the disposal of the dead is in such a state or situation as to be, or to be likely to become, dangerous to the health of persons living in the neighbourhood thereof, or
(b) that any burial ground is overcrowded with graves, and if the case of public burial or burning ground or, other places as aforesaid another convenient place duly authorised for the disposal of the dead exists or has been provided or the persons who would ordinarily make use of such place, it may give notice that it shall be lawful, after a period of not less than two months to be named in such notice, to bury, burn or otherwise dispose of any corpse at such place.
(2) Every notice given under sub-section (1) shall be published in the district gazette and in the local area concerned by beat of drum.
(3) No person shall, in contravention of any notice under this section and after the expiration of the period named in such notice,bury, burn or otherwise dispose of, or cause or permit to be buried, burnt or otherwise disposed of any corpse at such place.
(4) The State Government may cancel or modify any notice issued by a Mandala Panchayat under sub-section (1)
CHAPTER 9 Dangerous Structures, Trees, and Places
Section 147 Precautions in case of dangerous structures
(1) if any structure adjoining a public road vested in a Mandala Panchayat appears to the executive authority thereof to be in a ruinous state and dangerous to the passers-by, the executive authority may by notice require the owner or occupier to fence off, take down secure or repair such structure so as to prevent any danger therefrom.
(2) If immediate action is necessary, the executive authority shall himself, before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or or fence off a part of any road to take such temporary measures as he may think fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner hereinafter provided.
Section 148 Precautions in case of dangerous trees
(1) If any tree or any branch of a tree standing on land adjoining a public road vested in a Mandala Panchayat appears to the executive authority thereof to fall and thereby endanger any person using, or any structure on, such road, the executive authority may by notice require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary, the executive authority shall himself, before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree or fence off a part of the public road or take such other temporary measures as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner hereinafter provided.
Section 149 Fencing of buildings or lands and pruning of hedges and trees
The executive authority of the Mandala Panchayat in which a public road is vested may by notice require the owner or occupier of any building or land near such road to-
(a) fence the same to the satisfaction of the executive authority or
(b) trim or prune any hedges bordering on such road so that they may not exceed such height from the level of the adjoining roadways as the executive authority may determine; or
(c) cut and trim any hedges or trees overhanging such road and obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger.
Section 150 Precautions, in case of dangerous tanks, wells, holes, etc
(1) If any tank, pond, well, hole, stream, dam, bank or other place in a non-panchayat area appears to him to be, for want of sufficient repair, protection or enclosure, dangerous to the public health or safety the executive authority of a Mandala Panchayat by notice require the owner to fill in, remove., repair, protect or enclose the same so as to prevent any danger therefrom.
(2) If immediate action is necessary he shall, before giving such notice or before the period of notice expires, himself take such temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner in the manner hereinafter provided.
Section 151 Licence to be obtained for quarrying near public road etc
(1)
(a) No person shall work a quarry in, or remove stone, earth or other material from, any place within twenty yards of any public road, vested in or of other immovable property belonging to a Mandala Panchayat without it permitting him to do so.
(b) The Mandala Panchayat may either grant or refuse to grant a licence.
(c) (Omitted).
(2) If in the opinion of the Mandala Prachayat the working of any quarry or the removal of stone, earth or other material from any place is dangerous to persons residing in, or resorting to, the neighbourhood thereof, or creates or is likely to crete a nuisance, the Mandala Panchayat may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as it shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
Section 152
(Omitted).
Section 153 Removal of fifth or noxious vegetation from lands and buildings in non-panchayt areas
(1) The executive authority of a Mandala Panchayat may by notice require the owner or occupier of any building or land in a non-panchayat area which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or dangerous to the public or offensive to the neighbourhood, or otherwise a source of nuisance to clear, cleanse or otherwise a source of nuisance to clear, cleanse or otherwise put the building or land in proper state or to clear away and remove such vegetation, trees or undergrowth or to take such other action as may be deemed by the executive authority necessary to remove such nuisance within such period all in such manner as may be specified in the notice.
(2) If it appears to the executive authority of a Mandla Panchayat necessary for sanitary purpose so to do, he my by notice require the owner or occupier of any building or land in a non- panchayat area to cleanse or limewash the same in the manner and within a period to be specified in the notice.
Section 154 Power to destroy stray pigs and dogs
(1) A Mandala Panchayat may, and, if so required by the district magistrate, shall give public notice that unlicensed pigs or dogs straying within specified limits will be destroyed. Where such notice is given, no person shall keep any pig or dog, as the case may be, within such limits without obtaining a licence from the executive authority of the Mandala Panchayat or otherwise than in accordance with the conditions specified in such licence.
(2) When such notice has been given, any person may destory, in any manner not inconsistent with the terms of the notice, any unlicensed pig, or dog, as the case may be, found straying within such limits.
Section 155 Power of executive authority to use or sell materials of dangerous structure taken down etc.,
(1) When the executive authority of a Mandala Panchayat takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof in virtue of his powers under this chapter,the executive authority may sell the materials or things taken down, cut down or removed, and apply the proceeds in or towards payment of the expenses incurred.
(2) If after reasonable enquiry it appears to the executive authority that there is no owner or occupier to whom notice can be given under any section in this chapter, he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expense incurred by the sale of such property not being immovable property or of any portion thereof.
Section 156 Limitation of compensation
No person shall be entitled, save as otherwise expressly provided, to compensation for any damages sustained by reason of any action taken by the authorities of a Mandala Panchayat in pursuance of their powers under this chapter.
CHAPTER 10 Public Roads
Section 157 Prohibition against obstruction in or over public roads
No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any public road vested in a Mandala Panchayat except as hereinafter provided.
Section 157A Public roads open to all
All roads vested in or maintained by the Mandala Panchayat shall be open to persons of whatever caste or creed.
Section 158 Prohibition against, and regulation of, doors, ground floor, windows and bars, opening outwards etc
(1) No door, gate, bar or ground-floor window shall be hung or placed so as to open outwards upon any public road vested in a Mandala Panchayat, without a licence from the executive authority of such Mandala Panchayat.
(2) The executive authority may by notice require the owner of such door, gate, bar or window to alter it so that no part thereof when open shall project over the public road.
Section 159 Removal of encroachments
(1) The executive authority of a Mandala Panchayat may by notice reqire the owner or occupier of any premises to remove or alter any projection, encroachment or obstruction (other than a door, gate, bar or ground-floor window) situated against or in front of such premises and in or over any public road vested in such Mandala Panchayat.
(2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or make with the permission or licence of any local authority duly empowered in that behalf, and that the period, if any for which the permission or licence is valid has not expired, the Mandala Praja parishad shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.
Section 160 Power to allow certain projections and erections
(1) The executive authority of a Mandala Panchayat may, with the approval of the Mandala Panchayat, grant a licence, subject to such conditions and restrictions as he may think fit, to the owner or occupier of any premises to put up verandas, balconies, sub-shades, whether-frames and the like, to project over a public road vested in such Mandala Panchayat or to construct any step or drain-covering necessary for access to the premises.
(2) The executive authority of a Mandala Panchayat may grant a licence, subject to such conditions and restrictions as he may think fit, for the temporary erection, of pandals and other structures in a public road vested in such Mandala Panchayat or in any other public place the control of which is vested in such Mandala Praja Panchayat.
(3) The executive authority of a Mandala Panchayat shall have power, with the approval of the Mandala Panchayat to lease road-sides vested in such Mandala Panchayat for occupation on such terms and conditions and for such period as the Mandala Panchayat may fix.
(4) But neither a licence under sub-section (1) nor lease under sub-section (3) shall be granted if the projection, construction or occupation as the case may be, likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the roads as such.
(5) The State Government may, by notification, restrict and place under such control as they may think fit, the exercise by any Mandala Panchayat of the powers under sub-sections (1) and (3).
(6) On the expiry of any period which a licence has been granted under this section, the executive authority may without notice, cause any projection or construction put up under sub-section (1) or sub-section (2) to be removed, and the cost of so doing shall be recoverable, in the manner hereinafter provided from the person to whom the licence was granted.
Section 161 Prohibition of building on sewer drain, etc., without permission
(1) No building shall be erected in a non- panchayat area without the written permission of the executive authority of the Mandla Panchayat or of some other person authorised by such executive authority over any sewer or drain, or any part of sewer or drain or upon any ground, which has been covered, raised or levelled wholly or in part by road sweepings or other rubbish.
(2) The said executive authority or person may by notice require any person who shall have erected a building without such permission, or in a manner contrary to or inconsistent with the terms of such permission to demolish the same.
Section 162 Notice regarding removal of noxious vegetation etc
The executive authority of a Mandala Panchayat may, by notice require the owner or occupier of any land adjoining a public road or adjoining other land or water vested in the Mandala Panchayat to clear away prickly-pear, wattel, lantana, or other noxious vegetation where it encroaches on such property and so far as it has spread from such land on to such property.
Section 163 Prohibition against making holes and causing obstruction in public road
(1) No person shall make a hole or cause any obstruction in any public road vested in a district board unless he previously obtains the permission of the executive authority of the Mandala Panchayat and complies with such conditions as the executive authority may impose.
(2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.
(3) If any person contravenes the provisions of this section, the executive authority shall fill up the hole or remove the obstruction or cause the hole or obstruction to be lighted, as the case may be, and may recover the cost of so doing from such person.
Section 163A Prohibition against planting or felling trees on public roads, etc, without permission
(1) No person shall plant any tree on any public road or other property vesting in or belonging to a Mandala Panchayat except with the previous permission of the executive authority of the Mandala Panchayat and on such conditions as the executive authority may impose.
(2) No person shall fell, remove, destory, lop or strip bark or leaves from, or otherwise damage, any tree vesting in or belonging to a Mandala Panchayat and growing on any such public road or property except with the previous permission of the executive authority of the Mandala Panchayat and on such conditions at the executive authority may impose.
Section 164
(Omitted)
Section 165
(Omitted)
Section 166
(Omitted)
Section 167
(Omitted)
Section 168
(Omitted)
Section 169
(Omitted)
Section 170
(Omitted)
Section 171
(Omitted)
Section 172
(Omitted)
Section 173
(Omitted)
Section 174
(Omitted)
Section 175
(Omitted)
Section 176
(Omitted)
Section 177
(Omitted)
Section 178 Prohibition against nuisances in private markets
No owner, occupier, agent or manager in charge of any private market in a non-panchayat area or of any private market in a Panchayat area which is classified as a Mandal level market or of any shop, stall, shed or other place therein, shall keep the same so that it is a nuisance, or fail to cause anything that is a nuisance to be at once removed to a place, to be specified by the Mandala Panchayat.
Section 179 Power to close private markets
The Mandala Panchayat or any officer duly authorised by it in that behalf may close any private market.
(a) in respect of which no licence has been applied for, if the make is in a non-panchayat area or if being in a panchayat area it is classified as a Mandal level market; or
(b) the licence for which has been refused, with -held or suspended by the Mandala Panchayat; or
(c) which is held or kept open contrary to the provisions of this Act.
Section 180 Acquisition of rights of private persons to hold private markets
(1) A Mandala Panchayat may acquire the rights of any person to hold a private market in any place in a non-panchayat area or to hold a private market classified as a Mandal level market in any place in a Panchayat area and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894, and such rights shall be deemed to be land for the purposes of this Act.
(2) On payment by the Mandala Panchayat of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such reason to hold a private market and to levy fees therein shall vest in the Mandala Panchayat.
Section 181 Appeal against orders under 171
Any person aggrieved by an order of the Mandala Panchayat under sub- section (3) of Section 171 may appeal against such order to the State Government and pending the disposal of such appeal the State Government may, if they think fit suspend the execution of the order appealed against.
Section 182 Duty of expelling lepers, etc., from markets and power to expel disturbers
The person in charge of a market in a non-panchayat area or of market in a panchayat area which is classified as a Mandal level market shall prevent the entry therein of or expel therefrom any person suffering from leprosy or from any infectious or contagious disease and he may expel therefrom any person who is creating a disturbance therein.
Section 183 Prohibition against sale in public roads
The executive authority of Mandala Panchayat may, with the sanction of the Mandala Panchayat prohibit by public notice, or licence, or regulate, the sale or exposure for sale, of any animals or articles in or upon any public road or place or part thereof.
Section 183A
(Omitted)
Section 183B Decision of disputes as to whether any place is market
If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of live-stock or poultry, of cotton, groundnut or other industrial crops or of any other raw or manufactured products, is a market, or not, the Mandala Panchayat concerned shall make a reference to the State Government and the decision of the State Government on the question shall be final. Cart-stands.
Section 184 Provisions of public cart-stands
(1) The Mandala Panchayat may construct or provide, and maintain public landing places, halting places and cart-stands in non-panchayat areas and may levy fees for the use of the same.
(1-A) The Mandala Panchayat may
(a) place the collection of any such fees under the management of such persons as may appear to it proper: or
b) farm out the collection of any such fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
(2) A statement in the regional language of any fees prescribed by the Mandala Panchayat for the use of such place shall be put up in a conspicuous part thereof.
Explanation:- A cart-stand shall, for the purposes of this Act, include a stand for carriages including motor vehicles within the meaning of the Motor Vehicles Act, 1939 and animals.
Section 185 Prohibition of use of public place or sides of public road as cart-stand etc.
Where a Mandala Panchayat has provided a public landing place, halting place or cart-stand, the executive authority may, with the approval of the Mandala Panchayat prohibit the use for the same purpose by any person, within such distance thereof as may be prescribed of any public place or the sides of any public road being a place or road vesting in the Mandala Panchayat.
Section 186 Recovery of cart-stand fees, etc.
(1) If the fee leviable under sub-section (1) of Section 184 in respect of a vehicle or animal is not paid on demand, the person duly authorized to collect the same may seize such vehicle or animal, or any part of its burden, and detain the same in his custody.
(2) If such fee together with the expenses occasioned by such seizure and detention, remains unpaid for twelve hours the person duly authorised as aforesaid shall forthwith send the vehicle, animal or other property seized aforesaid to the nearest public office empowered to sell distrained property under the Andhra Pradesh Rent and Revenue Sales Act, 1839.
(3) Such officer shall forthwith give notice to the owner of the property seized, or, if the owner is not known or is not resident in the neighbourhood, to the person who was in charge of the said property at the time when it was seized and if he is not found, publish by beat of drum that, after the expiration of two days exclusive of sunday from the date of service or after the said publication of such notice, he will sell the said property by auction at place to be specified in the notice.
(4) If, at any time before the sale, the person to whom notice has been given or the owner of the property seized tenders to the said officer the amount due on account of the fee and of all the expenses occasioned by the non-payment thereof and by the seizure and detention of the property, the property seized shall be forthwith released.
(5) If no tender is made to such officer, he shall sell the said property or a sufficient portion thereof by auction and apply the proceeds of the sale to the payment of the amount due on account of the fee and the expenses incidental to the seizure, detention and sale of the property and shall return to the person in whose possession the property was at the time of seizure any property or sum which may remain after the sale and the application of the proceeds thereof as aforesaid.
Section 187 Licence for private cart-stand
(1) No person shall in any non-panchayat area open a new private car-stand or continue to keep open a private car-stand unless he obtains from the panchayat a licence to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought, not less than six weeks before such place is opened as a cart-stand or before the commencement of the year for which licence is sought as the case may be.
(3) The Mandala Panchayat shall, as regards private cart- stands already lawfully established and may, at its discretion, as regards new private cart-stands, grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to conservancy as the Mandala Panchayat may think proper; or the the Mandala Panchayat may refuse to grant such licence for any new private cart-stand. The Mandala Panchayat may however, at any time for breach of the conditions thereof, suspend, or cancel any licence which has been granted under this section. The Mandala Panchayat may also modify the conditions of the licence to take effect from a specified date.
(4) When a licence is granted refused, suspended, cancelled or modified under this section, the Mandala Panchayat shall cause a notice of such grant, refusal, suspension, cancellation or modification in the chief vernacular language of the locality to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.
(5) The Mandala Panchayat may levy on every licence granted under this section a fee not exceeding two hundred rupees per annum.
(6) Every licence granted under this section shall expire at the end of the year.
Section 188.
(Omitted).
Section 189 Provision of slaughter houses
(1) Every Mandala Panchayat shall provide a sufficient number of places for use as public slaughter-houses in non-panchayat area.
(2) The Mandala Panchayat may change rents and fees for the use of public slaughter-houses.
Section 190 Mandala Panchayat may prohibit slaughtering etc., of cattle in places other than public slaughter-houses
The Mandala Panchayat may notify:
(a) that no person shall, without or otherwise than in conformity with the written permission of the executive authority, slaughter or permit to be slaughtered, or cut up or skin or permit to be cut up or skinned any cattle, horse, sheep, goat or pig in any place in any specified non-panchayat area other than at a public slaughter-house provided by the Mandala Panchayat. Provided that nothing in the section shall be held to prohibit the slaughter of animals in the performance of religious rites in the places where it is usual to perform such rites, or for private use, but not for sale: Provided further that no such notification shall have effect until sixty days from the date of publication.
(b) that no person shall, for purposes of sale to the public, slaughter or permit to be slaughtered in any specified non- panchayat area any cattle, horse, sheep, goat or pig without or otherwise than in conformity with a licence obtained from the executive authority.
Section 191 Slaughter of animals during festivals and ceremonies
The executive authority of the Mandala Panchayat may, on occasions of festivals and ceremonies or as a special measure, allow any animal to be slaughtered in such places in non- panchayat areas as he thinks fit.
Section 192 Government places exempted
The provisions of 189 and 190 shall not apply to places used by Government for the purposes mentioned in the said section. Industries and factories
Section 193 Purposes for which places may not be used without licence
(1) The Mandala Panchayat may notify that no place situated in any non-panchayat area or in such non-panchayat area as may be specified in the notification shall be used for any one or more of the purposes specified in Schedule VII without a licence issued by the executive authority of the Mandala Panchayat and except in accordance with the conditions specified in such licence: Provided that no such notification shall take effect until 60 days from the date of publication.
(2) The owner or occupier of every such place shall within 30 days of the publication of such notification apply to the executive authority of the Mandala Panchayat for a licence for the use of such place for such purpose.
(3) The executive authority may, by an order and under such restrictions and regulations as he thinks fit, grant such licence, or refuse to grant it.
(4) Every such licence shall expire at the end of the year unless for special reasons the executive authority considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.
(5) Applications for renewal of such licences shall be made not less than 30 days before the end of every year and applications for licences for places to be newly opened shall be made not less than 30 days before they are opened.
Section 194 Application to be made for construction, establishment or installation of factory, workshop or workplace in which steam or other power is to be employed
(1) Every person intending:-
(a) to construct or establish in any non-panchayat area any factory, workshop or work-place in which it is proposed to employ steam power, water power or other mechanical power or electrical power, or
(b) to install in any premises in a non-panchayat area any machinery or manufacturing plant driven by steam, water or other power as aforesaid, shall, before beginning such construction establishment or installation, make an application in writing to the Mandala Pranchayat or permission to undertake the intended work.
(2) The application shall be accompanied by:
(i) a plan of the factory, work-shop, work-place or premises in such manner as may be prescribed by rules made in this behalf by State Government, and
(ii) such particulars as to the power, machinery, plant or premises as the Panchayat may require by bye-laws made in this behalf.
(3) The Mandala Panchayat shall, as soon as may be after the receipt of the application.
(a) grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose, or
(b) refuse permission if it is of opinion that such construction establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.
(4) Before granting permission under sub-section (3), the Mandala Panchayat.
(a) shall obtain the approval of the inspector of factories appointed under the Indian Factories Act, 1911 having jurisdiction in the non-panchayat area or, if there is more than one such inspector, of the inspector designated by the State Government in this behalf by general or special order as regards the plan of the factory, work-shop, work-place or premises with reference to.
(i) the adequacy of the provision for ventilation and light;
(ii) the sufficiency of the height and dimensions of the rooms and doors;
(iii) the suitability of the exits to be used in case of fire; and
(iv) such other matters as may be prescribed by rules made by the State Government; and
(b) shall consult and have due regard to the opinion of the district health officer where the Mandala Panchayat employees such an officer and of the district medical officer in other cases; as regards the suitability of the site of the factory, work-shop, work place or premises for the purpose specified in the application.
Section 195 Power of Mandala Panchayat to issue directions for abatement of nuisance caused by steam or other power
(1) If, in any factory , work-shop or work-place in a non-panchayat area in which steam power, water power or other mechanical power or electrical power is used, nuisance is caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the Mandala Panchayat may issue such direction as it thinks fit for the abatement of the nuisance within reasonable time to be specified for the purpose.
(2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the Mandala panchayat may (a) prohibit the use of that particular kind of fuel employed, or (b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work-place between the hours of 9.30 p.m. and 5.30 a.m.
Section 196 Power of State Government to pass orders or give directions to Mandala Panchayat
The State Government may, either generally or in any particular case, make such order or give such directions as they may deem fit in respect of any action taken or omitted to be taken under Section 194 or Section 195.
Section 197 Power of executive authority to enter factory, work- shop or work place
(1) the executive authority of a Mandala Panchayat or any person authorised by him in this behalf, may enter any factory, work-shop or work-place in a non-panchayat area.
(a) at any time between sunrise and sunset;
(b) at any time when any industry is being carried on; and
(c) at any time by day or by night, if he has reasons to believe the any offence is being committed against Section 194 or Section 195.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessary for the purpose of effecting an entrance under this section. Application of the Places of Public Resort Act
Section 198 Extension of the Places of Public Resort Act, 1888 to any local area
Notwithstanding any provisions to the contrary in the Places of public Resort Act, 1888, when the State Government extend that Act to any non-panchayat area
(a) the authority to whom application for a licence shall be made and who may grant or refuse the licence under that Act, shall be the executive authority of the Mandala Panchayat; and
(b) the appeal from the order of the executive authority granting, refusing, revoking or suspending a licence under the Act shall be the Mandala Panchayat.
CHAPTER 11 Subsidiary Legislation Rules and Schedules
Section 199 Power of State Government to make rules
(1) The State Government may make rules to carry out all or any of the purpose of this Act not inconsistent therewith and prescribe forms for any proceeding for which they consider that a form should be provided.
(2) In particular, and without prejudice to the generality of the foregoing power, they shall have power to make rules
(a) with reference to all matters expressly required or allowed by this Act to be prescribed;
(b) (Omitted)
(c) (Omitted)
(d) as to the conditions on which property may be acquired by such a Mandala Panchayat or Zilla Panchayat or on which property vested in or belonging to Mandala Panchayat or Zilla Panchayat may be transferred by sale, mortgage, lease, exchange or otherwise;
(e) as to the working of provident fund institutions;
(f) as to the conditions on which grant-in-aid shall be paid from a Mandala Panchayat fund or Zilla Panchayat fund for purposes of medical relief and as to the conditions on which grants and loans may be made to co-operative building societies; as to the opening, maintenance, management and supervision of Mandala Panchayat or Zilla Panchayat schools;
(g) as to the intermediate offices, if any, through which correspondence between Mandala Pranchayat or Zilla Panchayat and the State Government or their officers shall pass;
(h) ass to the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of Mandala Panchayat or Zilla Panchayat and the power of the Mandala Panchayat or Zilla Panchayat or officers of the State Government to accord professional or administrative sanction to estimates.
(i) as the accounts to be kept by Mandala Panchayat or Zilla Panchayat the audit and publication of such accounts and the conditios under which the rate-payers may appear before auditors, inspect books and vouchers and take exception to items entered or omitted therein;
(j) as to the estimates of receipts and expenditure, returns, statements and reports to be submitted by Mandala Panchayat or Zilla Panchayat;
(k) as to the mode in which the officers of the State Government shall advise and assist Mandala Panchayat or Zilla Panchayat in carrying out the purposes of this Act;
(l) Omitted;
(m) Omitted;
(n) as to the condition on which and the mode in which contracts may be made by or on behalf of Mandala Panchayat or Zilla Panchayat;
(o) as to the powers of auditors to disallow and surcharge items, and as to the recovery of sums disallowed or surcharged;
(p) as to the transfer of allotments entered in the sanctioned budget of a Mandala Panchayat or Zilla Panchayat from one head to another;
(q) as to the powers of auditors, inspecting and superintending officers and officers authorised to hold inquiries, to summon and examine witnesses and to compel the production of documents and all other matters connected with audit, inspection and superintendence;
(r) for regulation the sharing between local authorities in the Andhra area of the State of A.P. of the proceeds of the profession tax, and other taxes or income levied or obtained under this or any other Act; and
(s) as to the class of magistrates by whom offences under this Act shall be tried.
(3) In making any rule, the State Government may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees.
Section 200 Procedure for the making of rules
The power to make rules under Section 199 is subject to the following conditions:
(a) A draft of the rules shall be published in the Official Gazette;
(b) Such draft shall not be further proceeded with, until six weeks after such publication or until such later date as the State Government may appoint;
(c) All rules made under Section 199 shall be published in the Official Gazette and upon such publication shall have effect as if enacted in this Act.
Section 201 Power of State Government to amend, add to and cancel schedules and procedure therefor
(1) The State Government may make rules altering, adding to, or cancelling any of the schedules to this Act except Schedules, I, VIII and IX.
(2) All references made in this Act to any of the aforesaid schedules shall be construed as referring to such schedules as for the time being amended in excess of the powers conferred by sub-section (1).
Section 201A Procedure for the making of rules under Section 201
A draft of the rules proposed to be made under section 201 shall be laid before both Houses of the State Legislature and the rules shall not be made unless both Houses approve the draft either without modifications or addition, or with modification or additions to which both the Houses agree but upon such approval being given, the rules may be made in the form in which they have been approved and such rules on being made shall be notified and shall thereafter be of full force and effect. Bye-laws
Section 202 Power to Mandala Panchayat or Zilla Panchayat to make by laws
The Mandala Panchayat or Zilla Panchayat may make bye-laws, not inconsistent with this Act or with any other law to provide:
(1) for all matter expressly required or allowed by this Act to be provided for by bye-law. (1-A) for the due performance by all officers and servants of Mandala Panchayat or Zilla Panchayats of the duties assigned to them;
(2) for the regulation of the time and mode of collecting the taxes, and fees under this Act;
(3) (a) for the use of public tanks, wells, conduits and other places or works for water-supply; (b) for the regulation of public bathing, washing and the like;
(4) for the cleansing of latrines, earth-closets, ashpits and cesspools;
(5) for the protection of avenues and trees planted by or belonging to Mandala Panchayats or Zilla Panchayats and of grass and other appurtenances of public roads;
(6) for the regulation of the use of parks, gardens and other public places or places vested in Mandala Praja Parishad or Zilla Panchayat but and including the regulation of the traffic therein, the reservation thereof for particular kinds of traffic, or the closing thereof or parts thereof to traffic;
(7) for the regulation of hotels, lodging houses, boarding houses, choultries, rest-houses, emigration depots, restaurants, eating houses, cafes, refreshment rooms, coffee houses,and any premises to which the public are admitted for repose or for the consumption of any food or drink;
(8) for the sanitary control and supervision of places used for any of the purposes specified in Schedule VII and of any trade or manufacture carried on therein;
(9)
(a) for the control and supervision of slaughter-houses and of places used for skinning and cutting up carcasses;
(b) for the control and supervision of the methods of slaughtering;
(c) for the control and supervision of butchers carrying on business at any slaughter-house provided or licensed by a Mandala Panchayat or Zilla Panchayat:
(10)
(a) for th inspection of public and private markets and shops and other places therein;
(b) for the regulation of their use and the control of their sanitary condition;
(c) for prescribing the method of sale of articles whether by measure, weight, tale or piece;
(d) for prescribing and providing standard weights, scales and measures and preventing the use of any others;
(e) for licensing and controlling brokers, commission agents, weightmen and measures practising their calling in markets;
(f) for the prevention of the sale or exposure for sale of unwholesome meat, fish or provisions and securing the efficient inspection and sanitary regulation of shops in which articles intended for human consumption are kept or sold;
(11) for the regulation of burial and burning grounds and other places for the disposal of corpses;
(12) for the prevention of dangerous diseases of men or animals;
(13) for the encroachment of compulsory vaccination;
(14) for the prevention of outbreaks or fire;
(15) for the prohibition and regulation of advertisements in public roads or parks; and
(16) in general, for securing cleanliness, safety and order and the good Government and well-being of any area to which this Act applies and for carrying out all the purposes of this Act:
Provided that nothing contained in this section shall be deemed to authorize the Mandala Panchayat or Zilla Panchayat, without the approval of the State Government, to make bye-laws for any panchayat area in respect of any matter for which the Panchayat may make bye-laws under the Andhra Village Panchayats Act, 1950.
Section 203 Penalty for breaches of bye-laws
In making a bye- law, the Mandala Panchayat or Zilla Panchayat may provide that a breach thereof shall be punishable-
(a) with fine which may extend to fifty rupees, and in case of a continuing breach with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or
(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the President or Chairman of a Mandala Panchayat or Zilla Panchayat to discontinue such breach.
Section 203A
(Omitted).
Section 204 Procedure for the making of bye-laws
The Mandala Panchayat or Zilla Panchayat shall, before making or altering byelaws, publish a draft of the proposed bye-laws and alterations together with a notice specifying a date at or after which such draft will be taken into consideration, and shall, making the bye-laws or alterations, receive and consider any objection or suggestion which may be made in respect of such draft by any person interested therein before the date so specified.
Section 205 Confirmation of bye-laws by State Government
No byelaws or cancellation or alteration of a bye-law made by a Mandala Panchayat or Zilla Panchayat shall have effect until the same has been approved and confirmed by the State Government.
Section 205A Procedure for making and the publication of bye-laws
(1) Any bye-laws or cancellation or alteration of a bye-law made by a Mandala Panchayat and Zilla Panchayat when it has been duly confirmed shall be published in the district gazette in English.
(2) Any bye-law or cancellation or alteration of a bye-law made by a Mandala Panchayat or Zilla Panchayat shall come into operation three months after it has been so published under sub-section (1).
Section 206 Extension to villages of the District Municipalities Act, 1920, or rules framed thereunder
The State Government may, at the request of the Zilla Panchayat by notification in the Official Gazette extend to any specific non-panchayat area in any Mandal of the provisions of the Andhra District Municipalities Act, 1920, or of any rules framed thereunder; and may declare such extension and subject to such restrictions and modifications as they think fit.
CHAPTER 13 Penalties
Section 207 General provisions regarding penalties specified in the schedules
(1) Whoever-
(a) contravenes any provision of any of the sections specified in the first column of Schedule VIII, or
(b) contravenes any rule or order made under any of the specified sections], or
(c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections, shall on conviction be punished with fine which may extend to the amount mentioned in that behalf in the fourth column of the said schedule.
(2) Whoever after having been convicted of-
(a) contravening any provision of the sections specified in the first column of Schedule IX, or
(b) contravening any rule or order made under any of the specified sections, or
(c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said sections, continues to contravene the said provision or to neglect to comply with the said direction or requisition as the case may be, shall on conviction be punished, for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said schedule.
Explanation :- The entries in the third column of Schedules VIII and IX headed `Subject' are not intended as definitions of the offences described in the sections, sub-sections, or clauses mentioned in the first and second column or even as abstracts of those sections, sub-sections or clauses but are inserted merely as references as the case may be.
Section 208
(Omitted).
Section 209 Penalty for acquisition by an officer or servant of interest in contract in work
If any officer or servant of a Mandala Panchayat or Zilla Panchayat knowingly acquires, directly or indirectly, by himself or by a partner or employer or servant, any personal share or interest in any, contract or employment with, by or on behalf of, the Mandala Panchayat or Zilla Panchayat he shall be deemed to have committed an offence under Section 168 of the Indian Penal Code;
Provided that no person shall, by reason of being a shareholder in, or member of, any company, be held to be interested in any contract entered into between such company and the Mandala Panchayat or Zilla Panchayat unless he is director of such company:
Provided further that nothing in this section shall apply to a teacher employed by a Mandala Panchayat or Zilla Panchayat who with the sanction of the State Government enters into a contract with the Mandala Panchayat or Zilla Panchayat with regard to the utilization, for the purpose of a school, of any land or building owned by him or in which the has a share of interest.
Section 210 Wrongful restraint of president or his delegate
Every person who prevents the executive authority of a Mandala Panchayat or Zilla Panchayat or any person to whom the executive authority has lawfully delegated his powers of entering into or on any land or building, from exercising his lawful power of entering thereinto or thereon shall be deemed to have committed an offence under Section 341 of the Indian Penal Code.
Section 211 Penalty for not giving or giving false information
If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information-
(a) omits to furnish it, or
(b) knowingly furnishes false information, such person shall be liable to a fine not exceeding Rs.100.
CHAPTER 14 Licences and permissions
Section 212 General provisions regarding licences and permissions
(1) Every licence and permission granted under this Act or any rule or bye-law made under this Act shall specify the period, if any, for which, and the restrictions, limitations, and conditions subject to which, the same is granted and shall be signed by the executive authority of the Mandala Panchayat or Zilla Panchayat concerned or by some person duly authorised by him in that behalf.
(2) Save as otherwise expressly provided in, or may be prescribed under this Act, for every such licence or permission fees may be charged on such rates as may be fixed by the Mandala Panchayat or Zilla Panchayat.
(3) The Mandala Panchayat or Zilla Panchayat may farm out the collection of such fees for any period not exceeding three years at a time on such-conditions as it thinks fit.
(4) Every order of the authority competent under this Act or any rule or bye-law made thereunder to pass an order refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.
(5) Subject to the special provisions in Chapter XI regarding private markets, any licence or permission granted under this Act or any rule or bye-law made under it may at any time be suspended or revoked by the executive authority of the Mandala Panchayat or Zilla Panchayat concerned, if any of its restrictions, limitations, or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-law, or regulation made under it in any matter which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud. An appeal shall lie to the Mandala Panchayat or Zilla Panchayat concerned against any order of the executive authority under this sub-section suspending or revoking a licence.
(6) It shall be the duty of the executive authority to inspect places in respect of which a licence or permission is required by or under this Act and he may enter any such place between sunrise, and sunset and also between sunset and sunrise it is is open to the public or any industry is being carried on it at the time; and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-laws or regulations, any condition of a licence or permission or any lawful direction or prohibition is being contravened; and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the executive authority or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting an entrance under this sub-section.
(7) When any licence or permission is suspended or revoked, or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall for all purposes of this Act, or any rule or bye-law made under this Act, be deemed to be without a licence or permission, until the order suspending or revoking the licence or permission is cancelled or subject to sub-section 11, until the licence or permission is renewed, as the case may be.
(8) The grantee of every licence or permission shall at all reasonable times, while such licence or permission remain in force, produce the same at the request of the executive authority.
(9) Whenever any person is convicted of offence in respect of the failure to obtain a licence or permission required by the provisions of this Act or any rule or bye-law made under this Act, the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the Mandala Panchayat or Zilla Panchayat. The amount of the fee chargeable for the licence or permission, and may, in his discretion, also recover summarily and pay over to the Mandala Panchayat or Zilla Panchayat such amount, if any, as he may fix as the cost of the prosecution.
(10) Such recovery of the fee under sub-section (9) shall not entitle the person convicted to licence or permission as aforesaid.
(11) The acceptance by or on behalf of a Mandala Panchayat or Zilla Panchayat of the pre-payment of the fee for a licence or permission shall not entitle the person making such pre-payment to the licence or permission, as the case may be, but only to refund of the fee in case of refusal of the licence or permission; but an applicant for the renewal of a licence or permission shall until communication of orders on his application be entitled to act as if the licence or permission has been renewed, and save as otherwise specially provided in this Act; if orders on an application for licence or permission are not communicated to the applicant within thirty days after the receipt of the application by the executive authority the application shall be deemed to have been allowed for the year or for such less period as mentioned in the application and subject to the law, rules, bye-laws, regulations and all conditions ordinarily imposed.
Section 213 Limitation of time for appeal
Save as otherwise expressly provided or may be prescribed, every appeal under this Act shall, subject to the provisions of Section 5 of the Indian Limitation Act, 1908, be presented.
(a) Where the appeal is against an order granting a licence or permission, within thirty days after the date of the publication of the order on the notice board of the Mandala Panchayat or Zilla Panchayat; and
(b) in other cases, within thirty days after the date of the receipt of the order or proceeding against which the appeal is made.
Section 214 Form of licences, notices and permissions
(1) All licences, notices and permissions given, issued, or granted, as the case may be, under the provisions of this Act must be in writing.
(2) Every licence, permission, notice, bill, summons, or other document which is required by this Act or by any rule, bye-laws or regulation made under it to bear the signature of the President or Chairman or executive authority or of any person of a Mandala Panchayat or Zilla Panchayat shall be deemed to be properly signed if it bears a facsimile of the signature of the President or Chairman or executive authority or of such officer, as the case may be stamped thereon.
(3) Nothing in sub-section (2) shall be deemed to apply to a cheque drawn upon a Mandala Panchayat Fund or Zilla Panchayat Fund or to any deed or contact entered into by a Mandala Panchayat or Zilla Panchayat.
Section 215 Publication of notifications under the Act
Save as otherwise provided, every notification other than one issued by the State Government shall be published in the official gazette of the district to which such notification applies, both in English and in a Regional language of the district. Provided that the State Government shall have power to direct that any such notification:
(i) shall be published in the said gazette either in English or in a vernacular language of the district; or
(ii) shall instead of being published in the said gazette be published in any other manner specified by them.
Section 215A Notice of prohibitions or setting apart of places
Whenever a Mandala Panchayat or Zilla Panchayat sets apart any place for any purpose or prohibits the doing of anything in any place, the executive authority shall forthwith cause to be put up a notice in the regional language specifying the purpose for which such place has been set apart, or the act prohibited in such place.
Section 216 Method of serving documents
(1) When any notice or other document is required by this Act, or by any rule, bye-law, regulation or order made under it, to be served on, or sent to, any person, the service or sending thereof may be effected.
(a) by giving or tendering the said document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode or business, or by giving or tendering the same to some adult member or servant of his family; or
(c) if such person does not reside in the local area and his address elsewhere is known to the executive authority by sending the same to him by post registered; or
(d) if none of the means aforesaid be available, by fixing the same in some conspicuous part of such place of abode or business.
(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the document. and in the case of joint owners and occupiers it shall be sufficient to serve it on, or send it to one of such owners or occupiers.
(3) Wherever in any bill, notice, form or other document served or sent under this Act a period is fixed within which any tax or other sum is to paid or any work executed or anything provided, such period shall, in the absence from this Act of any distinct provision to the contrary be calculated from the date of such service or sending. Powers of entry and inspection
Section 217 Power of entry to inspect, survey or execute works
The executive authority of a Mandal Panchayat or Zilla Panchayat or any Person authorised by him in this behalf, may enter or on any building or land with or without assistants or workmen, in order to make any inquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work which is authorized by the provisions of this Act or of any rule, bye-law regulation or order made under it, or which is necessary for any of the purposes of this Act or in pursuance of any of the said provisions to make or execute;
Provided that
(a) except when it is in this Act otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act otherwise expressly provided no dwelling house, and no part of a public building used as a dwelling place, shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least six hours previous notice of the intention to make such entry;
(c) sufficient notice shall be given in every case, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove to some part of the premises where their privacy may be preserved;
(d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usages of the occupants of the premises.
Section 218 Inspection and stamping of weights and measures
The executive authority of a Mandala Praja parishad or Zilla Praja Parishad or any person authorized by him in this behalf may examine and test the weights and measures used in markets and shops in the Mandal or district with a view to the prevention and punishment of offences relating to such weights and measures under Chapter XIII of the Indian Penal Code. Power to enforce licensing provisions, orders, etc.
Section 219 Consequences of failure to obtain licences, etc., or breach of the same
If under this Act, or any rules, bye-laws or regulations made under it, the licence or permission of a Mandala Panchayat or Zilla Panchayat or its executive authority is necessary for the doing of any act, and if such act is done without such licence or permission, as in a manner inconsistent with the terms of any such licence or permission, then:
(a) the President or Chairman may by notice require the person so doing such act to alter, remove, or as far as practicable restore to its original state the whole, or any part of any property, movable or immovable, public or private; affected thereby , within a time to be specified in the notice; and further.
(b) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be liable to conviction by a magistrate to a fine not exceeding fifty rupees for every such offence.
Section 220 Time for complying with notice, order etc., and power to enforce in default
(1) Whenever by any notice, requisition or order under this Act, or under any rule, bye-law or regulation made under it, any person is required to execute any work or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done.
(2) If such notice, requisition, order is not complied with, within the time so named: the executive authority of the Mandala Panchayat or Zilla Panchayat concerned may cause such work to be executed, or may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid; and further.
(3) If no penalty has been specially provided in this Act for failure to comply with such notice, the said person shall be liable on conviction by a magistrate to a fine not exceeding fifty rupees for every such offence.
Section 221 Recovery of sums due as taxes
All costs, damages compensation, penalties, charges, fees other than school fees expenses, rents, (not being rents for lands and buildings demised by the Mandala Panchayat or Zilla Panchayat contributions and other sums which under this Act or any other law or rules or bye-laws made thereunder are due by any person to the Mandala Panchayat or Zilla Panchayat, may, if there is no special provision in this Act for their recovery, be demanded by bill as provided in the rules in Schedule IV and recovered in the manner provided therein.
Section 222 Limitation for recovery of dues
No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to a Mandala Panchayat or Zilla Panchayat under this Act after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such sum.
Section 223 Persons empowered to prosecute
Save as otherwise expressly provided in this Act, no person shall be tried for any offence against the provisions of this Act, or of any rule or bye law made under it unless complaint is made by the police, or the executive authority of a Mandala Panchayat or Zilla Panchayat, or by a person expressly authorised in this behalf by the Mandala Panchayat or Zilla Panchayat or its executive authority within three months of the commencement of the offence. But nothing herein shall affect the provisions of the Code of Criminal Procedure. 1973, in regard to the power of certain magistrates to take congnizance of offences upon information received or upon their own knowledge of suspicion:
Provided that failure to take out a licence or obtain permission under this Act shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence or permission is required, and , if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.
Section 224 Recovery of fines, costs, etc,
Any fine, costs, tax or other sum imposed or assessed by a magistrate under this Act or under any rule or bye-law made under it shall be recoverable by such magistrate under the Code of Criminal Procedure, 1973 , as it it were a fine and the same shall, except in the case of a fine, be paid on recovery to the Mandala Panchayat or Zilla Panchayat concerned to be applied to the purposes of this Act.
Section 225 Notice of action against Mandala Panchayat or zilla Panchayat
(1) No suit or other legal proceeding shall be brought against any Mandala Panchayat or Zilla Panchayat or the President or Chairman, the executive authority or any member, officer or servant thereof against any person acting under the direction of such Mandala Panchayat or Zilla Panchayat, President or Chairman, executive authority member, officer or servant in respect of any ac done or purporting to be done in execution or intended execution of this Act, or any rule, bye-law, regulation or order made under it after the expiration of two months or in respect of any alleged neglect or default in the execution of this Act or any such rule, bye-law, regulation or order until next notice in writing, stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended plaintiff has been left at the office of the Mandala Panchayat or Zilla Panchayat and if the proceeding is intended to be brought against any such President or Zilla Panchayat executive authority member, officer, servant or person, also delivered to him or left at his place of residence. And unless such notice be proved, the Court shall find for the defendant.
(2) Every such proceeding shall unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arose or in case of a continuing injury, or damage, during such continuance or within six months after the ceasing thereof.
(3) If any Mandala Panchayat or Zilla Panchayat or person to whom notice is given under sub-section (1) shall, before the proceeding is commenced, tender amends to the plaintiff and if the plaintiff does not in any such proceeding recover more than the amount so tendered, he shall not recover any costs incurred by him after such tender. The plaintiff shall also pay all costs incurred by the defendant after such tender.
(4) No suit or other legal proceeding shall be brought against the President or Chairman executive authority or any member, officer or servant of a Mandala Panchayat or Zilla Panchayat or any person acting under the direction of a Mandala Panchayat or Zilla Panchayat or such President executive authority member, officer or servant in respect of any act done in execution or intended execution of this Act, or any rule, bye-law, regulation or order made under it or in respect of any alleged neglect or default on his part in the execution of this Act, or any such rule, bye-law, regulation or order made under it or in respect of any alleged neglect or default on his part in the execution of this Act, or any such rule, bye-law, regulation or order, if such act was done or if such neglect or default was made in good faith;but any such proceeding shall, so far as it is maintainable in a Court, be brought against the Mandala Panchayat or Zilla Panchayat except in the case of suits brought under Section 227.
Section 225A
(Omitted).
Section 226 Compounding of offences
The executive authority of a Mandala Panchayat or Zilla Panchayat may compound any offence under this Act which may by rules made by the State Government be declared compoundable.
Section 227 Liability of the president and member for loss, waste or misapplication of property
(1) The President or Chairman, every member and the executive authority of a Mandala Panchayat or Zilla Panchayat shall be liable for the loss, waste or misapplication of any money or other property owned by, or vested in, the Mandala Panchayat or Zilla Panchayat if such loss, waste or misapplication is a direct consequences of his neglect or misconduct; and a suit for compensation may be instituted against him in any Court of competent jurisdiction by the Mandala Panchayat or Zilla Panchayat with the previous sanction of the State Government or by the State Government.
(2) Every such suit shall be commenced within three years after the date on which the cause of action arose.
Section 227A Sanction for prosecution of President or Chairman or member of a Mandala Panchayat or Zilla Panchayat
When the President or Chairman, any member, or the executive authority of a Mandala Panchayat or Zilla Panchayat is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty no Court shall take cognizance of such offence except with the previous sanction of the State Government.
Section 228 Assessments, etc., not to be impeached
(1) No assessment or demand made, and no charge imposed, under the authority of this Act shall be i0mpeached or affected by reason of any clerical error or by reason of any mistake (a) in respect of the name, residence, place of business or occupation of any person, or (b) in the description of any property or thing, or (c) in respect of the amount assessed, demanded or charged provided that the provisions of this Act have been, in substance and effect, complied with. And no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any Court of Justice.
(2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment, or collection of money made under the said authority, provided that the provisions of this Act have been in substance and effect complied with.
(3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, defect, or want of form in the bill, notice, form,. summons, notice of demand, warrant of distraint, inventory,. or other proceedings relating thereto if the provisions of this Act, the rules and bye-laws have in substance and effect been complied with provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him.
Section 229 Servants or contractors of the Mandala Panchayats or Zilla Panchayat
No person shall obstruct or molest a Mandala Panchayat or Zilla Panchayat its President or Chairman or executive authority a member thereof, or any person employed by the Mandala Panchayat or Zilla Panchayat or any person with whom a contract has been entered into on behalf of the Mandala Panchayat or Z.P. in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence, of this Act or of any bye-law, rule, regulation or order made under it.
Section 230 Prohibition against removal or obliteration of notice
No person shall, without authority in that behalf remove, destroy, deface or otherwise obliterate any notice exhibited or any any sign or mark erected by or under the orders of, a Mandala Panchayat or Z.P. or its executive authority
Section 231 Powers of executive authority to require Village Assistants to furnish statements or returns
(1) The executive authority of a Mandala Panchayat or Zilla Panchayat may, with the consent of the collector and by an order in writing requir the village Assistant of any revenue villages comprised in the area of the Mandala Panchyat or Zilla Panchayat to furnish within a reasonable time, any statement, account or return-inrespect of such revenue village require for the purposes of this Act.
(2) No village Assistant shall without reasonable excuse omit to obey any order issued under sub-section (1).
Section 232 Powers of executive authority to summon parties
The executive authority of a Mandala Panchayat or Zilla Panchayat may summon any person to attend before him and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation or to the grant of any licence or permission under the provisions of this Act. State Government 's powers of delegation and arbitration
Section 233 Delegation of powers by Government
The State Government may by notification authorize any person to exercise in any local area any one or more of the powers vested in them by this Act except the power to make rules or alter or cancel schedules, the power to determine the contribution payable under Section 128 and the power to sanction prosecution under Section 225 and may in like manner withdraw such authority.
Section 234 Adjudication of disputes between local authorities
(1) When a dispute exists between a Mandala Panchayat or Zilla Panchayat and one, other local authority in regard to any matters arising under the provisions of this or any other Act and State Government are of opinion that the local authorities concerned are unable to settle in amicable among themselves, the State Government may take congizance of the dispute; and
(a) decide it themselves or (b) refer it for inquiry and report to an arbitrator or a board of arbitrators or to a joint committee constituted under Section 30 for the purpose.
(2) The report referred to in clause (b) of sub-section (1) shall be submitted to the State Government who shall decide the dispute in such manner as they deem fit.
(3) Any decision given, whether before or after this sub-section comes into force under clause (a) of sub-section (1) or under sub-section (2) may, at the instance of the local authorities concerned, be modified from time to time by the State Government in such manner as they deem fit, and any such decision with the modifications if any, made therein under this sub-section, may, at the instance of such local authorities, be cancelled at any time by the State Government. Any such decision or any modification therein or cancellation thereof shall be binding on each of the local authorities concerned and shall not be liable to be questioned in any Court of law.
(4) The powers of the State Government under this section shall, in relation to a dispute to which a cantonment authority is a party, only be exercised with the concurrence of the Central Government.
Section 235
(Omitted)
Section 236
(Omitted)
Section 237 Extent and commencement of Act
(1) This Act extends to the whole of the Andhra area and the municipalities to which the Andhra District Municipalities Act, 1920 applies.
(2) It shall come into force on such date or dates as the State Government may by notification appoint, and different dates may be appointed for different provisions of this Act, and for different parts of the State;
Provided that the State Government may by notification apply or adopt to any scheduled district as defined in the Scheduled Districts Act, 1874, any section of this Act or part of any such section or any-rule framed under the provisions of this Act, with such restrictions or modifications as they may think fit.
Section 238
(Omitted)
Section 239
(Omitted)
Section 240
(Omitted)
Section 240A Transfer of functions of district boards to Panchayats
Notwithstanding anything contained in this Act, or in the Andhra Village Panchayats Act, 1950 the State Government may, by notification and subject to such restrictions and conditions and to such control and revision as may be specified therein, direct that any function vested in a Mandala Panchayat or Zilla Panchayat by or under this Act, 1920 shall be transferred to and performed by any Panchayat or class of Panchayats.
Section 241 Construction of references to President in other enactment, etc.
(1) Any reference to the President /Chairman of M.P./Z.P. contained in any enactment in force in the Andhra area of the State of Andhra Pradesh or in any notification, order, scheme, rule, form or bye-law made under any such enactment and in force in the said State, shall where such reference relates to the executive functions of such President or Chairman be construed as a reference to the executive authority of the Mandala Panchayat or Zilla Panchayat.
(2) If any question arises as to whether any such reference relates to the executive functions of such president or not, the decision of the State Government shall be final.
SCHEDULE 1 Enactments Repealed
SCHEDULE SCHEDULE I
Enactments Repealed
Year
Number
Short title
Extent of repeal
(1)
(2)
(3)
(4)
1884
V
The Andhra Local Boards Act,1884.
The whole.
1890
III
The Andhra Local Boards and Rent Recovery (Amendment) Act,1890.
So much of it as has not been already repealed.
1900
VI
The Andhra Local Boards (Amendment) Act, 1900.
The whole.
1901
XI
The Repealing and Amendmening Act,1901 (India).
So much of the second schedules as relate to the Andhra Local Boards Act,1884.
1913
III
The Andhra District Municipalities and Local Boards (Amendment) Act,1913.
So much of it as has not been already repealed.
1914
VIII
The Andhra Decentralization Act,1914.
So much of the schedule as relates to the Andhra Local Boards Act, 1884.
SCHEDULE 2 Enactments Repealed
xxxx
SCHEDULE 3 Enactments Repealed
xxxx
SCHEDULE 4 Taxation Rules
SCHEDULE (See Sections 92 and 93) SCHEDULE IV
Taxation Rules
(See Sections 92 and 93)
PART I
Land Cess
1. The District Collector shall be responsible for the assessment and collection of the land cess.
2. (Omitted)
3. The District Collector shall cause the net proceeds of the land-cess collected under the authority conferred on him by this Act to be credited to the Mandala Panchayat fund, Zilla Panchayat fund, the Panchayat fund in accordance with the provision of Section 92.
4. The District Collector shall annually, at such times as the State Government may, by general or special order direct, render to the Zilla Panchayat or Mandala Panchayat or Panchayat concerned an estimate of the probable gross receipts and charges of collection of the land cess to be collected by him under this Act.
PART II
Profession Tax-General
5. (1) The executive authority of a Zilla Panchayat or Mandala Panchayat shall prepare and keep assessment books showing the companies and persons liable to the profession tax.
(2) the assessment books and where detailed particulars relating to any assessment are kept in separate records the portion thereof containing such particulars shall be open at all reasonable times and without charge to inspection by any person who pays the tax to the Zilla Panchayat or Mandala Panchayat or his authorised agent, and such person or agent shall be entitled to take extracts, free of charge, from the said books and records.
(3) The account books of a Zilla Panchayat or Mandala Panchayat shall be open without charge to inspection by any person who pays the tax to the Zilla Praja Praishad or Mandala Panchayat or his authorised agent on a day or days in each months to be fixed by the Zilla Panchayat or Mandala Panchayat.
(4) (a) If any time it appears to the Zilla Panchayat or Mandala Panchayat that any company or person has been inadequately assessed or inadvertently or improperly omitted from the assessment books or that there is any clerical or arithmetical error in the said books, it may direct the executive authority to amend the said books in such manner as it deems just or necessary.
Provided that no such direction shall, be given, where it involves an increase in the assessment, unless the company or person concerned shall have been afforded a reasonable opportunity to show cause why the assessment books should not be amended as proposed.
(b) Such amendment shall be deemed to have taken effect on the earliest date either in the current-half year or in the two-half years immediately preceding on which the circumstances justifying the amendment existed.
6. The executive authority shall, save as otherwise provided in this Act determine the tax to which each company or person is liable.
Provided that in the case of taxes payable by the executive authority the assessment shall be made by the Zilla Panchayat or Mandala Panchayat.
7. (1) The executive authority shall give to every person making payment of tax a receipt therefor signed by him or by some person duly authorized by him in that behalf.
(2) Such receipt shall specify
(a) the date of the grant thereof,
(b) the name of the person to whom, it is granted,
(c) the tax in respect of which the payment has been made,
(d) the period for which payment has been made, and
(e) the amount paid.
8. (Omitted). Assessment of the profession taz
9. (1) The classes into which companies and persons shall, for the purposes of assessment to the profession tax, be divided and the maximum half-yearly tax leviable on each class shall be as follows:-
--------------------------------------------------------------------------------
Class
Half-yearly income
Maximum half-yearly tax
--------------------------------------------------------------------------------
Rs.
I
More than Rs. 15,000
125
II
More than Rs. 12,000 but not more than Rs. 15,000
100
III
"9,000 " 12,000
75
IV
" 6,000 " 9,000
50
V
" 4,800 " 6,000
25
VI
" 3,000 " 4,800
12
VII
" 1,800 " 3,000
6
VIII
" 1,200 " 1,800
4
IX
" 600 " 1,200
2
X
" 300 " 600
1.
--------------------------------------------------------------------------------
(2) The Mandala Panchayat or Zilla Panchayat shall determine the tax leviable on each class, subject to the maximum specified in sub rule (1):
Provided that the proportion which the tax on any class bears to the minimum income of that class shall in no case be smaller than the proportion which the tax on any lower class bears to the minimum income of such lower class.
(3) The Mandala Panchayat or Zilla Panchayat may exempt any one or more of the classes in sub-rule (1) from liability to profession tax, but no class shall be exempted from liability when the lower class is liable to tax.
10. A company or person shall be deemed to have transacted business or exercised a profession art, or calling or held an appointment within a non-panchayat area if such company or person has an office or place of employment within such non-panchayat areas.
11. (1) Where a company or person transacts any business other than money lending in any half-year exclusively in the non- panchayat area of a single Mandala Panchayat or Zilla Panchayat the income of such company or person from the transaction of such business shall, for the purposes of levying profession tax under this Act during the half-year, be deemed to be
(a) where income-tax is assessed on such company or person under the Indian Income-tax Act, for the year comprising the half-year of the amount at which the profits and gains of such business are computed under Section 10 of the Indian Income-tax Act, for the purpose of assessing the Income tax; and
(b) where the amount of the said profits and gains is not ascertainable, or where such company or person is not assessed to income-tax, such percentage or percentages as the State Government may, subject to the approval of both Houses of the State Legislature determine of the turnover of such business transacted in the non-panchayat area of the Mandala Panchayat/Zilla Panchayat during the half-year or where this is also unascertainable, during the corresponding half-year of the previous year.
(2) Where a company or person transacts any business other than money-lending partly in the non-panchayt area of a Mandala Panchayat/Zilla Panchayat and partly outside such area, the income of such company or person from the transaction of such business in the non-panchayat area of the Zilla Panchayat or Mandala Panchayat shall, for the purposes of levying profession tax under this Act, be deemed to be the percentage referred to clause (b) of the rule (1) of the turnover of such business transacted in such area during the half-year or the corresponding half-year of the previous year as the case may be.
(3) For the purposes of clause (b) of sub-rule (1) and sub-rule (2), the turnover of business in any non-panchayat area means the aggregate money value of the goods produced manufactured, purchased or sold or of any other business except money-lending transacted in such non-panchayat area.
Explanation:- In determining the turnover of business under this sub-rule-
(a) where the delivery of any goods on account of any purchase made by any company or person and the delivery on account of the sale thereof by the same company or person or both effected in Andhra State only the later transaction shall be taken into account;
(b) where the delivery of any goods on account of any purchase made by any company or person is effected in any place outside the said State and the delivery n account of the State thereof by the same company or person is effected in any place in the said State, the latter transaction shall be taken into account;and
(c) where the delivery of any goods on account of any purchase made by any company or person is effected in any place in the said State and the delivery on account of the sale thereof by the same company or person is effected in any place outside the said Presidency, the former transaction shall be taken in to account;
11-A. (1) If, it in the opinion of the executive authority of the Zilla Panchayat or Mandala Panchayat, profession tax is due from any company or person for any half-year or in the succeeding half-year requiring the company or person to furnish within such period not being less than thirty days as may be specified in the notice, a return in the prescribed from showing the income on the basis of which, according to such company or person., it or he is liable to be assessed to profession tax for the half year in question. Thereupon it shall be open to such company or persons to submit a return showing the income derived by it o him during the half-year for which profession tax is claimed or for the corresponding half-year of the previous year and produce any evidence on which the company or person may rely in support of the return made.
If a return is made as required under sub-rule (1) and the executive authority is satisfied that it is correct and complete, he shall,levy the profession tax from such company or person on the basis of such return.
Explanation:- In cases not falling under clause (b) of sub-rule (1) or under sub-rule (2) of Rule 11, if the company or person produces the notice of demand of income-tax served on it or him under Section 29 of the Indian Income-tax Act, 1961, for the year comprising the half-year in question the executive authority shall be bound to take one-half of the income mentioned in such notice of deemed as the income derived from the sources on which profession tax is leviable under this Act, as the income on the said sources for the purposes of levying profession tax.
(3) If no return is made as required under sub-rule 91) or if the executive authority is satisfied that any return so made is incorrect or incomplete, the executive authority shall assign to the company or person the class in the scale appropriate to the half-yearly income of such company or person or estimated by him.
(4) The executive authority may when classifying any company or person under sub-rule (3), do so on general considerations with reference to the nature and reputed value of the business transacted, the size and rental of residential and business premises, the quantity and the number of articles dealt with, the number of persons employed and the income tax paid to Government.
(5) The executive authority shall not be entitled to call for the accounts of any company or person.
12 to 26 (Omitted)
Appeals
27. ppeal shall lie to the Zilla Panchayat or Mandala Panchayat in respect of the proceedings of the executive authority under Rule 11-A
28. No appeal to a Zilla Panchayat or Mandala Panchayat shall be heard:
(i) unless it reaches the office of the Zilla Panchayat or Mandala Panchayat within thirty days after the tax complained of has been demanded, and
(ii) unless except when the executive authority otherwise directs on ground of poverty the tax in respect of which the appeal is presented has been paid or deposited at the office of the Zilla Panchayat or Mandala Panchayat within the period specified in clause (i)
29. The Zilla Panchayat or Mandala Panchayat may, of its own motion or otherwise, cancel or modify any order passed by the executive authority reducing or remitting a tax.
30. The assessment books shall be corrected in accordance with any orders passed by the Zilla Panchayat or Mandala Panchayat on appeal; in the event of the amount of the tax being reduced or remitted by the Zilla Panchayat or Mandala Panchayat the executive authority shall grant a refund accordingly.
31. The assessment or demand of the tax when no appeal is made as hereinbefore provided and when such an appeal is made, the adjudication of the Zilla Panchayat or Mandala Panchayat thereon shall be final:
Provided that where any assessment or demand is not in accordance with the assessment books, nothing in this rule shall be deemed to prohibit a fresh assessment or demand of the tax being made in accordance therewith.
32. (1) A notice under Section 96 shall be signed by the executive authority or some person authorized by him in that behalf and shall contain.
(a) a statement of the period and a description of the occupation, for which the tax is charged; and
(b) a notice of the liability incurred in default of payment;
(2) No tax for any half-year shall be recovered from any person in the manner laid down in Rule 33 unless the notice is served upon such person either within that half-year or in the succeeding half-year.
Provided that where the assessment books have been amended under sub-rule (4) of Rule 5 the notice may be served, either in the half-year in which the amendment was made or in the succeeding half-year.
(3) Nothing contained in this Rule or Rule 33 shall preclude the Zilla Panchayat or Mandala Panchayat from suing in a civil court for any tax due to it under this Act.
33. (1) If the amount due on account of the tax is not paid within fifteen days from the service of the notice and if the person from whom the tax is due has not shown cause to the satisfaction of the executive authority may recover, by distraint under his warrant and sale of the movable property of the dafulter, the amount due on account of the tax togehter with the warrant fee and the distraint fee and with such further sum as will satisfy the probable charges that will be incurred in connection with the detention and sale of the property so distrained;
Provided always that movable property described in the provision to Section 60 of the Code of Civil Procedure, 1908 shall not be liable to distraint.
(2) If for any reasons the distraint, or a sufficient distraint of the defaulter's property is impracticable, the executive authority may prosecute the defaulter before a magistrate.
(3) (Omitted)
(4) The warrant under sub-rule (1) shall be in the form contained in Appendix A to these rules or in some similar form, and for each such warrant as fee of twelve Ps. shall be levied.
(5) Under a special order in writing of the executive authority, any officer charged with the execution of a warrant of distress may, between sunrise and sunset, break open any outer or inner door or window of any building in order to make the distress if he has reasonable ground for believing that such building contain property which is liable to seizure and if, after notifying his authority and purpose and duly demanding admittance he cannot otherwise obtain admittance.
Provided that such officer shall not enter or break open the door of any apartment appropriated to women, until he has given three hour's notice of his intention and has given such women an opportunity to withdraw.
34. (1) The Officer charged with the execution of a warrant shall before making the distraint, demand payment of the tax and warrant fee. If the tax and fee are paid, no distraint, shall be made, but if the tax or fee is not paid the officer shall:
(a) seize such movable property of the defaulter as he may think necessary;
(b) make an inventory of the property seized; and
(c) give to the person in possession of the property seized, at the time of seizure, a copy of the inventory and the notice of sale in the form in Appendix B to these rules or in some similar form:
Provided that a period of seven days shall be allow for paying the amounts due and redeeming the property seized.
(2) The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the tax due by the defaulter together with all expenses incidental to the warrant, distraint, detention and sale.
35. (1) If the amount due by the defaulter on account of the tax, the warrant fee and distrain fee and the expenses incidental to the detention of the property are not paid within the period of seven days mentioned in the notice given under Rule 34, and if the distraint warrant is not suspended by the executive authority the property sized or a sufficient portion thereof shall be sold by public auction under the orders of the executive authority who shall apply the proceeds of the sales to the payment of the amount due on account of the tax, the warrant fee and the distraint fee and the expenses incidental to the detention and the sale of the property and shall return to the person, in whose possession the property was at the time of seizure, any property or sum which may remain after the sale and the application of the proceeds thereof as aforesaid. If the proceeds of the sale or insufficient for the payment of the amount due on account of the tax, the warrant fee and distraint fee and the expenses incidental to the detention and sale of the property, the executive authority may again proceed under Rule 33 in respect of the sum remaining unpaid.
(2) When the property seized is subject to speedy and natural decay the executive authority may sell it at any time before the expiry of the said period of seven days, unless the amount due is sooner paid.
(3) The executive authority shall consider any objections to the distrain of any property which are made within the said period of seven days and may postpone the sale pending investigation thereof. If the executive authority decides that the property attached was not liable to distraint, he shall return it, or if it has already been sold, the proceeds of the sale, to the person appearing to be entitled thereto, and may again proceed under Rule 33; and all fees and expenses connected with the first distraint and sale shall be recoverable from the defaulter if it shall appear to the executive authority that he wilfully permitted the distraint of the property when to his knowledge it was not liable to distraint.-
36. (1) Distraint fees shall be payable at such rates not exceeding those mentioned in Appendix C to these rules as may be determined by the Mandala Panchayat.
(2) Such fees shall not be held to include the expenses incidental to the dentention of any property distrained this Act.
37. The property of a person in default under sub-rule (1) of Rule 33 may be disitrained wherever it may be found within the area of the Zilla Panchayat or Mandala Panchayat.
38. (Omitted).
39. (1) Every person who is prosecuted under sub-rule (2) of Rule 33 shall be liable, on proof to the satisfaction of the magistrate that he wilfully omitted to pay the amount due by him or that he wilfully prevented distraint or a sufficient distraint, to pay a fine not exceeding twice the amount which may be due by him on account of:
(a) the tax and the warrant fee, if any, and
(b) if distraint has taken place, the distraint fees and the expenses incidental to the retention and sale, if any, of the property distrained.
(2) Whenever any person is convicted of an offence under sub-rule (1), the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over the Zilla Panchayat or Mandala Panchayat the amounts, if any, due under the heads specified in clauses (a) and (b) of sub-rule (1) and may in his direction also recover summarily and pay to the Zilla Panchayat or Mandala Panchayat such amount, if any, as he may fix as the costs of the prosectuion.
39-A. Neither the executive authority nor any officer or servant of the Zilla Panchayat or Mandala Panchayat shall directly or indirectly purchase and property at any sale of distrained property held under the foregoing rules.
40. Where the collection of fees leviable under this Act is farmed out, the lease deed may provide that, on breach of any of the terms specified in such deed by the lesses, the lessor, - that is, the executive authority, Zilla Panchayat or Mandala Panchayat of the concerned - may re-enter upon or resell the farm at the risk of the lessee;and upon such reentry the term of the original lease shall be determined.
APPENDIX-A
Distraint Warrant
[See Rule 33 (4)]
Warrant No.
To
(Name of Officer charged with execution of warrant).
State tax or taxes due.
Whereas.......................of ........................has not paid or shown sufficient cause for the non-payment of the sum of Rs. .............P. due for the tax or taxes noted above for the period ending 19, although the said sum has been duly demanded from the said and fifteen days have elapsed since such demand was made: This is to command you to demand the said sum of Rs. P.together with twelve naye paise for warrant fee, failing payment of which you are to distrain the goods and chattels of the said to the amount of the said sum of Rs. P. together with Rs. P. for warrant fee and distraint fee, making together a sum of Rs. P. and such further sum as may be sufficient to defray the charges of keeping and selling such distraint; and if within seven days next after such distraint the amount due on account of the said taxes and fees shall not be paid, together with such further sum as may be sufficient to defray the charges of keeping such distraint, to sell the said goods and chattels under to be hereafter issued by me, and to remit to the offence of the Mandala Panchayat or Zilla Panchayat the sale-proceeds of the distraint property, out of which the amount due on account o the said tax or taxes, and fees, viz., Rs. P. and the charges of keeping and selling such distraint, will be deducted and credited to the fund, and the surplus, if any, returned to the owner of the goods and chattels distrained, If distraint or sufficient distraint cannot be found of the goods and chattels of the said , you are to certify the same to me together with this warrant.
Station:
Date: 19
Signature of the executive authority or the officer.
APPENDIX-B
Forms of Inventory and Notice
[See Rule 34 (1) (c)]
(State Particulars of good and chattels (seized).
Take notice that I have this day seized the good and chattels specified in the above inventory for the sum of Rs. P. due for the tax or taxes mentioned in the margin for the ending 19 and that unless you pay into the office of the Mandala Panchayat or Zilla Panchayat of the amount due together with the warrant fee, the distraint fee and cost of keeping the goods and chattels, within seven days from the date of this notice the goods and chattels will be sold on the day of 19 at the Mandala Panchayat or Zilla Panchayat office or at such other place as the executive authority may direct; and that the goods and chattels may be sold at any previous date, if they are liable to speedy and natural decay.
Station:
Date 19
Signature of the officer executing the warrant of distress.
APPENDIX-C
Table of maximum fees payable on distraints
See Rule 36(1)
--------------------------------------------------------------------------------
Sum distrained for fees
--------------------------------------------------------------------------------
Rs. Ps.
Under 1 rupee
.. 0.25
1 rupee and over under
5 rupees
.. 0-50
5 rupees and over but under
10 rupees
.. 1-00
10 " "
15 rupees
.. 1-50
15 " "
20 rupees
.. 2-00
20 " "
25 rupees
.. 2-50
25 " "
30 rupees
.. 3-00
30 " "
35 rupees
.. 3-50
35 " "
40 rupees
.. 4-00
40 " "
45 rupees
.. 4-50
45 " "
50 rupees
.. 5-00
50 " "
55 rupees
.. 6-00
60 " "
80 rupees
.. 7-50
80 " "
100 rupees
.. 9-00
100 rupees and over
.. 10-00
--------------------------------------------------------------------------------
The above charge includes all expenses, except when peons are kept in charge of property distrined, in which case three annas must be paid daily for each peon.
SCHEDULE 5 Finance Rules
SCHEDULE-SCHEDULE-V
Finance Rules
(See Sections 112, 115 and 121)
Expenditure
1. (a) It shall be the duty of every Mandala Panchayat or Zilla Panchayat to be provided for the payment of -
(i) any amounts falling due on any loans contracted by it;
(ii) and (iii) (Omitted).
1-A. (Omitted)
1-B (1) A Mandala Panchayat or Zilla Panchayat.
(a) shall make provision for the construction, diversion, improvement and maintenance of the different classes of roads in its charge and all bridges, culverts, road dams and causeways and such roads to such extent as the State Government consider necessary and practicable; and
(b) shall not divert such provision to other purposes without the express sanction of the State Government.
(2) A Mandala Panchayat or Zilla Panchayat in its respective jurisdiction shall have power to make such provision as it thinks fit for carrying out the requirements of the block or district in respect of the following matters, namely.
(a) (Omitted)
(b) the construction and maintenance of all travellers' bungalows and rest-houses on all public roads in the Mandal or district;
(c) the establishment and maintenance of choultries in non- panchayat areas and of choultries classified as Mandal or district in panchayat areas;
(cc) the opening and maintenance of elementary schools except in any panchayat area where a contribution is paid by the Mandala Panchayat to the panchayat on the scale fixed by the State Government for the opening and maintenance of elementary shools;
(d) the opening and maintenance on secondary and sessional schools, vocational or industrial schools and hostels for student;
(dd) the opening and maintenance of libraries and reading rooms in non-panchayat area and of libraries and reading rooms classified as district or Mandal libraries and district or Mandal reading rooms in panchayat area;
(e) (Omitted):
(f) all central public health establishments which serve the needs of the district as a whole, including reserve staffs of medical officers, nurses, midwives and vaccinators;
(g) the training of nurses, midwives, dhais and vaccinators;
(h) the establishment and maintenance of hospitals, the establishsment and maintenance of dispensaries in non-panchayat areas and of dispensaries other than those classified as panchayat dispensaries in panchayat area; and every other kind medical relief in non-panchayat areas, and every other kind of medical relief not given by the panchayat in panchayat areas;
(hh) vaccination;
(i) preventive and remedial measures connected with epidemics except, in panchayat areas such measures as may have been carried out by the panchayat under the Andhra Village Panchayat Act, 1950;
(f) the establishment and maintenance of veterinary hospitals and dispensaries in the district or Mandal;
(l) the opening and maintenance of public markets which are classified as Mandal level markets in panchayat areas and of all public markets in non-panchayat areas;
(m) the control of fairs and festivals which are classified as district fairs and festivals in panchayat areas and of all fairs and festivals in non-panchayat areas, and
(n) the construction of drains and disposal of drainage water and sullage in any non-panchayat area;
(o) in any non-panchayat area, the cleaning of streets, the removal of rubbish heaps, jungle growth and priclypear, the filling in of disused wells, insanitary ponds, pools, ditches, pits or hollows, and other improvements of the sanitary condition;
(p) the provision of public latrines and arrangement to cleanse latrines, whether public or private, in any non-panchayat area;
(q) the opening and maintenance of burial and burning grounds in non-panhayat areas;
(r) in non-panchayat areas, the sinking and repariing of wells, the excavation, repair and maintenance of ponds or tanks or supply of water for drinking, washing and bathing purposes and the construction of bathing ghats;
(s) the opening and maintenance of public slaughtar-houses in non-panchayat areas;
(t) the establishment and maintenance in non-panchayat areas of wireless receiving sets, of playgrounds, of parks, of sports clubs and centres of physical culture.
3. Subject to such rules as the State Government may make, the Mandala Panchayat or Zilla Panchayat in its respective jurisdiction shall also have power to make such provisions as it thinks fit or carrying out the requirements of the district in respect of the following matters, namely:
(a) the planning and preservation of avenues on all district roads,
(b) (Omitted),
(c) gratuities to its officers and servants,
(d) all other measure of public utility calculated to promote the safety, health comfort or convenience of the habitants of the district, and
(e) contribution in aid of purpose similar to those mentioned in sub-rules (1)and (2) clause (a), (c) and (d) of this sub-rule to other Mandala Panchayat or Zilla Panchayats, municipal councils and private persons or associations.
4. Mandala Panchayat or Zilla Panchayat may, not withstanding anything contained in these rules, contribute to the funds of any panchayat in the district and may, with the sanction of the State Government.
(1) contribute towards the expenses of any public exhibition ceremony or entertainment in the local area within its jurisdiction;
(2) Contribute to any charitable fund or to a fund for the defence of the local area within its jurisdiction, or the Domination of India or to the funds of any institution for the relief of the poor of the treatment of disease or infirmity or the reception of diseased or informs persons or the investigation of the cause of disease; and
(3) incur any other extraordinary charges.
Receipts
5. The receipts under this Act which shall be credited to Mandala Panchayat fund or Zilla Panchayat fund are as follows:
(1) The land-cess levied in the district, subject to the provisions of Section 92.
(2) The profession tax levied in non-panchayat areas in the Mandal under Section 93.
(2-A) The pilgrim tax levied (1) in respect of any panchayat area in the Mandal or District where the occasion for pilgrimage is a festival classified as a district festival, and (ii) in respect of any non-panchayat area in the Mandal or District.
(3) Fees on licences issued and permissions given by the Mandala Praja Praishad under this Act.
(3-A) Fees levied (i) in public markets in panchayat areas which are classified as Mandal level markets after deducting the contribution, if any paid by the Panchayat on the scale fixed by the Government, and (ii) in public markets in non-panchayat areas.
(3-B) The contribution paid to the Mandala Panchayat by panchayats in respect of markets situated in panchayat area which are not classified as Mandal level markets, on the scale fixed by the Government.
(3-C) fees for the use of public landing places., halting places, cart-stands and slaughter-houses in non-panchayat areas; and fees for the temporary occupation of village-sites roads, burial and burning grounds and other similar public places or parts thereof in non-panchayat areas.
(4) Fees for the use of travellers' bungalows and rest-houses in the Mandal or district.
(5) Fees for the use of choultries in panchayat area classified as Mandal or district choultries and of all choultries in non- panchayat areas.
(6) Receipt of schools maintained by the Mandal Praja Pariishads including grants-in-aid to such schools.
(7) Receipts of hospitals or dispensaries in non-panchayat areas and of dispensaries in panchayat areas classified as Mandal or District dispensaries.
(8) Receipts of veterinary hospitals and dispensaries maintained by the Mandal Panchayat or Zilla Panchayat.
(9) Income from endowments and trusts under the managements of the Mandala Panchayat or Zilla Panchayat.
(10) Contributions from Government, other Mandala Panchayats or Zilla Panchayats, municipalities, other local authorities and private persons in aid of , any institutions or services maintained or financed from Mandala Panchayat or Zilla Panchayat Fund or managed by the Mandala Panchayat or Zilla Panchayat.
(11) (Omitted)
(12) Sale-proceeds of sweepings tools, and plant, old stores and materials, and of trees and avenue produce appertaining to all Mandal or district roads and to all Public roads in non-panchayat areas.
(13) Income from district board ferries and fisheries.
(14) (Omitted)
(15) Interest on loans and securites.
(16) Interest on arrears of revenue.
(17) Income from, sale-proceeds of buildings, lands and other property belonging to the Mandala Panchayat or Zilla Panchayat.
(18) Unclaimed deposits and other forfeitures.
(19) All sums other than those enumerated above which arise out of or received in aid of, or for expenditure on, any institutions or services maintained or financed from the Mandala Prja Parishad or Zilla Panchayat fund or managed by the Mandala Panchayat or Zilla Panchayat.
6 to 9 (Omitted).
SCHEDULE 6 List of Dangerous diseases
SCHEDULE-SCHEDULE-VI
List of Dangerous diseases
[See Section 130]
Acute influenzal penumonia. Clanders.
Anterax. Lepros.
Chickenpox. Plague.
Cholera. Relapsing fever.
Diphtheria. Smallpox.
Enteric fever. Tuberculoosis.
SCHEDULE 7 Purposes for which Premises may not be used within a Licence
SCHEDULE [See Section 193] SCHEDULE VII
Purposes for which Premises may not be used within a Licence
[See Section 193]
(a) Boiling paddy or camphor;
(aa) washing soiled cloths or keeping soiled clothes for the purpose of washing them or keeping washed clothes;
(b) melting tallow or sulphur;
(c) storing or otherwise dealing with offal, blood, bones, hides, fish or skins;
(d) tanning hides and skins;
(e) washing or drying wool or hair;
(f) making fish-oil
(g) making soop
(h) manufacturing or distilling; sago; manufacturing artificial manure; manufacturing or refining sugar; manufacturing jaggery, sugarcandy or syrup otherwise than as a cottage industry by tappers or persons in enjoyment of the trees carried on in their own premises; manufacturing beedies or cigars;
(i) manufacturing gunpowder or fire-work;
(j) burning brick, tiles, pottery or lime;
(k) keeping a hotel, restaurant, eating-house, coffee house, boarding house or lodging house other than a students' hostel under public or recognized control;
(kk) preparing flour or articles made or flour for human consumption or sweetmeats;
(1) manufacturing ice or aerated waters;
(ll) brewing beer, manufacturing arrack or other spirit containing alcohol whether denatured or not, by distillation;
(m) selling or storing timber, firewood, thatching materials, hay grass, straw, fibre, coal or charcoal;
(mm) selling wholesale or retail, or storing for wholesale or retail trade, or for purpose other than private or domestic use, grain, groundnut, tamarind, chillies, jaggery, pulses, flour, bran, oil-cakes or agricultural produce which is likely to attract rats;
(n) storing any explosive or combustible materials;
Provided that no licence shall be required for storing petroleum and its products in quantities exceeding those to which the operation of this Act is limited by the provision of Petroleum Act, 1943, or the rules or notification issued thereunder;
(nn) selling cotton wholesale or retail or storing cotton for wholesale or retail trade or for conversion into yarn;
(o) manufacturing anything from which offensive or unwholesome smells arise;
(p) using for any industrial purpose any fuel or machinery other than such machinery as may be notification be exempted by the State Government from time to time; and
(q) in general doing in the course of any industrial process anything which is likely to be offensive or dangerous to human life or health or property:
Provided that no licence shall be required for boiling paddy or for keeping soiled clothes or washed clothes or for washing soiled clothes or for the storage of timber, firewood thatching materials, hay, grass, straw, fibre, coal or charcoal when such botling, keeping, washing or storage is for private use or is in a place not situated among inhabited houses.
SCHEDULE 8 Ordinary Penalties
SCHEDULE (See Section 207) SCHEDULE VIII
Ordinary Penalties (See Section 207)
--------------------------------------------------------------------------------
Section
Sub-section or clause
Subject
Fine which may be imposed
--------------------------------------------------------------------------------
(1)
(2)
(3)
(4)
--------------------------------------------------------------------------------
97
..
Failure of owner or occupier, etc., to obey requisition to furnish list of persons carrying on profession, art, etc.
One hundred rupees
122
..
Failure to obey requisition to cleanse any stream, etc., close a well, tank or reservoir or enclose or fence the same.
Fifty rupees
123
(1)
Failure to obey requisition to fence, repair, fill up etc., tank well, etc.
do
124
(2)
Disobeying notice prohibiting use of water to which public have access.
do
125
(a)
Bathing etc., in places set apart for drinking purposes.
do
125
(b)
Depositing any offensive, etc., matter in place set apart for drinking purposes.
Fifty rupees
125
(c)
Washing clothes in places set apart for drinking or bathing.
do
125
(d)
Washing animal, etc., in places set apart for do other purposes.
Do
125
(e)
Allowing water from a sink, sewer, etc., into places set apart for drinking, bathing or washing clothes.
Fifty rupees
126-A
..
Obstructing a person in the use and enjoyment of a well, tank, reservoir or waterway referred to in Section 126-A.
One hundred rupees
129
Allowing filth to flow in public road, etc.
Twenty rupees.
129-A
..
Failure to construct, alter or remove drains.
Fifty rupees
131
(2)
Failure to obey requsition to cleanse or distinfect premises or articles.
do
131
(1)
Failure to remove conveyance, clothing, etc., to place notified.
do
133.
..
Infected person carrying on occupation.
do
134
(1)
Travelling of infected person in public conveyance without taking proper precautions against spread of disease.
do
134
(2)
Entry of infected person in public conveyance without notifying fact of infection.
Fifty rupees
134
(3)
Carrying infected person in public conveyance.
do
135
..
Failure to close place of public entertainment.
Two hundred rupees
136
..
Sending infected child to school.
Fifty rupees
138
..
Failure to give information of small pox.
do
139
(2)
Leaving local area within forty days of inoculation for small pox without certificate.
One hundred rupees
140
(1)
Failure to register any place for the disposal of the dead.
do
141
(1)
Opening etc., or using any place for the disposal of the dead without a licence.
One hundred rupees
144.
..
Buryings, burning, etc., corpse within 100 yards of dwelling place or source of drinking water supply.
do
145
..
Failure to give information of burials or burnings in a burial or burning ground.
Twenty rupees
146
(3)
Burying,,burning or otherwise disposing of a corpse in a prohibited place.
One hundred rupees.
147
(1)
Failure to obey requisition to fence off, take down, secure or repair dangerous structure.
Five hundred rupees
148
(1)
Failure to obey requisition to secure, lop or cut down dangerous trees.
Fifty rupees
149
..
Failure to obey requisition to fence building or land to trim, prune or cut hedges and trees or lower an enclosing wall.
do
150
(1)
Failure to obey requisition to fill in etc., tank or other places dangerous to public health or safety.
do
151
(1)
Quarrying near a public road; etc., without a licence.
do
151
(2)
Failure to stop dangerous quarrying.
One hundred rupees
152
(1)
Failure to obey requisition to clear or cleanse, etc., building or land in filthy state or over grown with noxious vegetation.
Fifty rupees
153
(2)
Failure to obey requisition to limewash a building.
do
154
(1)
Keeping a dog or pig without licence or contrary to licence
Ten rupees
157
..
Unlawful building of wall or erecting of fence, etc., in or over any public road.
One hundred rupees
157-A
..
Obstructing a person in the use of roads.
do
158
..
Allowing doors, ground-floor windows, etc., to open outwards without licence or contrary to notice.
Twenty rupees
159
(1)
Failure to remove or alter encroachment.
Two hundred rupees
161
(1)
Unlawful construction of building over a drain or on ground levelled etc., by rubbish.
Two hundred rupees
161
(2)
Failure to obey requisition to demolish a building constructed without permission or contrary to the terms of permission.
Do
162.
..
Failure to obey requisition to clear pricklypear, wattle, lantana, etc., from land adjoining public road etc.
Fifty rupees
163
(1)
Unlawful making of hole or placing obstruction in public road.
Fifty rupees
163
(2)
Failure to fence, enclosure, etc.,hole or obstruction.
do
163-A
(1)
Planting of trees without permission on any public road or other property vested in a Mandala Panchayat.
163-A
(2)
Felling, etc., without permission of trees growing on public road or other property vested in a Mandala Panchayat.
do
164
(2)
Failure to remove any building, etc, on land vested in Mandala Panchayat.
do
167
Obstructing a person in the use of public markets.
One hundred rupees
169
(1)
Sale or exposure for sale in public market of animal or article without permission.
Twenty rupees
169
(1)
Sale or exposure for sale in public market of animal or article without permission.
Twenty rupees
171
..
Opening a new private market or continuing to keep open a private market without licence contrary to licence.
Five hundred rupees
172
(1)
Levy of fees in a private market without a certificate.
One hundred rupees
175
..
Sale or exposure for sale of animal or article in unlicensed private market.
Twenty rupees
176
..
Failure to obey direction to construct approaches etc., for a private market or to roof, etc.
One hundred rupees
177
(2)
Keeping open a private market after suspension or refusal of licence for default to carry out works.
Fifty rupees
178
..
Nuisances in private markets.
Twenty rupees
183
..
Sale, etc., of articles in public roads, etc., after prohibition or without licence or contrary to regulations.
Ten rupees
185
..
Using any public place or road side as a landing or halting place, etc., within prohibited distance.
Fifty rupees
187
..
Opening a new private cart-stand or continuing to keep open a private cart-stand without licence or contrary to licence.
Two hundred rupees
190
(a)
Slaughtering or cutting up or skinning etc., cattle, etc., outside a public slaughter-house.
Two hundred rupees
190
(b)
Slaughtering etc., any cattle, etc., without licence.
Twenty rupees for every animal
193
..
Using a place for an offensive or dangerous trade without a licence.
One hundred rupees
194
..
Unlawful erection of factory, workshop,etc.
One thousand rupees
195
..
Disobedience of order regarding abatement of nuisances, etc.
do
212
(8)
Failure to produce licence on request.
Five rupees
229
..
Obstructing or molesting a Mandala Panchayat or Zilla Panchayat officer etc.
Fifty rupees
230
..
Removal of notice exhibited by or under orders of a Mandala Panchayat or Zilla Panchayat.
do
231
..
Failure to obey an order to furnish statement etc.
do
232
..
Failure to obey summons.
do
-------------------------------------------------------------------------------
SCHEDULE 9 Penalties for continuing breaches
SCHEDULE (See Section 207) SCHEDULE IX
Penalties for continuing breaches
(See Section 207)
--------------------------------------------------------------------------------
Section
Sub-section or clause
Subject
Daily fine which may be imposed
--------------------------------------------------------------------------------
(1)
(2)
(3)
(4)
--------------------------------------------------------------------------------
122
..
Failure to obey requisition to cleanse any stream etc., close a well, tank or reservior, or enclose or fence the same.
Ten rupees
123
(1)
Failure to obey requisition to fence, repair,fill up etc., tank, well, etc.
Ten rupees
124
(2)
Disobeying notice prohibiting use of water to which public have access.
Ten rupees
125
(e)
Allowing water from a sink etc., into a place set apart for drinking, bathing or washing of clothes.
do
129
..
Allowing filth to flow in public roads etc.
do
129-A
..
Failure to construt, alter or remove drains.
do
131
(2)
Failure to obey requisition to cleanse or disinfect premises or articles.
do
133
Infected person carrying on occupation.
do
135
..
Failure to close place of public entertainment.
One hundred rupees
141
(1)
Using any place for the disposal of the dead without a licence.
Twenty rupees for every occasion
147
(1)
Failure to obey requisition to fence off, take down, secure or repair dangerous structure.
Fifty rupees
148
(1)
Failure to obey requisition to secure, lop or cut down dangerous trees.
Ten rupees
149
..
Failure to obey requisition to fence building or land or trim, prune or cut hedges and trees or lower an enclosing wall.
Do
150
(1)
Failure to obey requisition to fill in, etc. tank or other place dangerous to public health or safety.
do
151
(1)
Quarrying near a public road without a licence.
do
151
(2)
Failure to stop dangerous quarrying.
do
153
(1)
Failure to obey requisition to clear or cleanse, etc., building or land in filthy state or overgrown with noxious vegetation.
Ten rupees.
153
(2)
Failure to obey requisition to limewash building.
do
154
(1)
Keeping a dog or pig without licence or contrary to licence.
Two rupees
157
..
Unlawful building of wall or erecting of fence etc., in or over any public road.
Twenty rupees
158
..
Allowing doors, ground-floor windows etc., to open outwards without licence or contrary to notice.
Ten rupees
159
(1)
Failure to remove or alter encroachment.
Ten rupees
161
(1)
Unlawful construction of building over a drain or on ground levelled etc., by rubbish.
Fifty rupees
161
(2)
Failure to obey requisition to demolish a building constructed without permission or contrary to the terms of permission.
do
162
..
Failure to obey requisition to clear pricklypear, wattle, lantana. etc., from land adjoining public road, etc.
Ten rupees
163
(1)
Unlawful making of hole or placing obstruction in public road.
do
164
(2)
Failure to remove any building, etc, on land vested in Mandala Panchayat.
Fifty rupees
169
(1)
Sale or exposure for sale in public market of animal or article without permission.
Ten rupees
171
..
Keeping open a private market without licence or contrary to licence.
One hundred rupees
172
(1)
Levy of fees in a private market without a certificate.
Fifty rupees
175
..
Sale or exposure for sale of animal or article in unlicensed private market.
Ten rupees
176
..
Failure to obey direction to construct approaches etc., for a private market, or to roof etc.
do
177
(2)
Keeping open a private market after suspension or refusal of licence for default to carry out works.
Twenty rupees
178
..
Nuisances in private markets.
Ten rupees
187
(1)
Keeping open a private cart-stand without licence or contrary to licence.
Twenty rupees
193
..
Using a place for any offensive or dangerous trade without a licence.
do
194
..
Unlawful erection of factory, workshop, etc.
One hundred rupees
195
..
Disobedience of order regarding abatement of nuisances.
Fifty rupees
------------------------------------------------------------------------------
SCHEDULE 10 SCHEDULE
(Omitted)
