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0% found this document useful (0 votes)
32 views

Ind 197149

Uploaded by

Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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You are on page 1/ 233

THE TELANGANA MUNICIPALITIES ACT, 2019.

(ACT NO. 11 OF 2019)


ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY AND DEFINITIONS
1. Short title, extent, application and
commencement.
2. Definitions.
CHAPTER II
CONSTITUTION AND COMPOSITION OF
MUNICIPALITIES
3. Constitution of Municipalities.
4. Power of Government over property of
Municipalities.
COMPOSITION OF MUNICIPALITIES
5. Composition of Municipality.
6. Division of Municipalities into wards for the
purpose of election of members of the Municipal
Council.
7. Reservation of seats.
8. Oath of the members.
9. Action by Commissioner and member after the
member ceases office.
10. Term of office of members of Municipality.
11. Qualifications of candidates.
12. General disqualifications.
2 [Act No. 11 of 2019]

13. Authority to decide questions of disqualification


of members.
14. Special provision in the case of newly-
constituted and reconstituted municipalities.
15. Vacancies of members.
16. Procedure when no member is elected.
17. Appointment of Committees.
18. Acts of the Municipality not to be invalidated by
defect in constitution and vacancy.
MUNICIPAL AUTHORITIES
19. Municipal Authorities.
20. Election of Chairperson and Vice-Chairperson.
21. Resolution of disputes relating to cessation for
disobedience of party whip.
22. Oath of the office of the Chairperson or Mayor.
23. Duties and Responsibilities of the Chairperson.
24. Municipality wise “Green Action Plan”.
25. Function of Chairperson to incur contingent
expenditure.
26. Emergency powers of the Chairperson.
27. Delegation and devolution of functions of
Chairperson.
28. Reservation of the office of the Chairperson.
29. Reservation of the office of the Mayor.
30. Constitution of Ward Committees.
31. Functions of the Ward Committee.
32. Postponement of casual elections to the office of
Chairperson, Vice-Chairperson and Members.
[Act No. 11 of 2019] 3

33. Cessation of the office of Chairperson and Vice-


Chairperson.
34. Procedure when office of Chairperson is vacant.
35. Notification of elections.
36. Resignation of Member, Chairperson and Vice-
Chairperson.
37. Motion of no confidence in Chairperson and
Vice-Chairperson.
38. Appointment of Commissioner.
39. Power to call for records.
40. Presidency of Municipality.
41. Payment of honorarium and conveyance
allowance to Chairperson and Vice-Chairperson
and conveyance allowance to Members.
42. Training for the Chairperson and Ward Members.
ORGANIZATIONAL STRUCTURE OF
MUNICIPALITY MUNICIPAL ESTABLISHMENT
43. Constitution of Telangana Common Municipal
Service.
44. Power to transfer of officers and employees.
45. Appointment of officers and employees in the
Municipality.
46. Government employees on Lien / Deputation to
Municipality.
47. Code of Conduct of the elected representatives
and the employees of the Municipality.
48. Control of District Collector and Municipal
Commissioner over Officers and other
employees and their liability.
49. Essential Municipal Services.
4 [Act No. 11 of 2019]

50. Salary and allowances of officers and


employees.
DUTIES AND RESPONSIBILITIES OF
MUNICIPALITY
51. Vesting of municipal administration.
52. Duties and Responsibilities of the Municipality.
53. Duties and Responsibilities of the Municipal
Commissioner.
54. Responsibilities of various Functionaries of the
Municipalities.
55. Authority to contract.
56. Duties and Responsibilities of Ward Member
(Councilor or Corporator).
57. Transformation into Model Town.
58. E-Governance and Online Services.
CONDUCT OF BUSINESS
59. Rules and regulations for proceedings of the
Municipal Council.
60. Member when to abstain from taking part in
discussion and voting.
DIRECTION AND CONTROL
61. Municipality to submit annual administration
report.
62. Power of the Government to transfer control of
Endowments and Inams to Municipality.
63. Acceptance of donation, endowment or trust by
the Municipality.
64. Subjects not provided for by this Act.
65. Government’s power to cancel or suspend
[Act No. 11 of 2019] 5

resolutions of the Municipality.


66. Government or the District Collector’s power to
suspend Chairperson or Vice-Chairperson or
Member.
67. Government’s power to remove Chairperson or
Vice-Chairperson or Ward Members.
68. Government’s power to dissolve the Municipality.
69. Government’s or the District Collector’s power to
give directions.
70. Appointment of Special Officer.
71. The Government or the District Collector’s power
to call for records etc.
72. Government’s power to appoint officers to
supervise Municipalities.
73. Government or the District Collector Power to
Require the Performance of Duties and
Responsibilities.
74. Government’s or the District Collector’s power to
take action in certain cases.
75. Government’s powers to undertake work for
Municipality.
76. District Collector’s power to enforce implement-
tation of the provisions of the Act and execution
of resolutions.
77. Power of Government or the District Collector for
the purposes of control.
78. Emergency powers of the District Collector.
79. Responsibilities of officers acting for, or in default
of, the Municipality and liability of municipal fund.
6 [Act No. 11 of 2019]

80. Power of the District Collector to suspend a


resolution, order, etc.
81. Establishment of State Institute of Urban
Excellence.
CHAPTER III
MUNICIPAL REVENUE
82. Sources, power to levy and collect Taxes and
user charges.
83. Power to levy and collect fees and fines.
84. Power to levy development charges.
85. Assessment and Collection of Taxes or fees or
user charges.
86. Levy of Tax or fee under any law.
87. Recovery of arrears of Municipal Revenue.
88. By whom Taxes payable.
89. Notification of new taxes.
90. Liability for loss, waste or misappropriation.
91. Power to write-off irrecoverable taxes, etc.
92. Property Tax.
93. Method of assessment.
94. Self-assessment.
95. Vacancy remission.
96. Tax on demolished buildings.
97. Levy of property tax on Vacant Land.
98. Recovery of service charges from the properties
of Union of India.
[Act No. 11 of 2019] 7

99. Power of the Commissioner or any authorized


officer to call for information and to enter upon
premises.
100. Property Tax when payable.
101. Revision petitions and appeals when and to
whom to lie.
102. Power of Government to make rules under
property taxation.
103. Power to correct the Assessment records.
104. Change of entries of Record of Rights in
Municipal records.
105. Constitution of Telangana State Property Tax
Board.
105-A. Method of assessment of duty on transfer of
property.
105-B. Provisions of the Indian Stamps Act, 1899,
applicable on the introduction of duty on
transfers of property.
105-C. Power to make rules regarding assessment and
collection of duty on transfer of property.
FINANCE
106. Definition of Municipal Fund.
BUDGET
107. Budget estimate.
108. Revised Budget.
109. Preparation of Annual Accounts.
110. Audit of Accounts.
111. Contribution to expenditure by other local
authorities.
8 [Act No. 11 of 2019]

112. Guarantee of State Government of principal of,


and interest on, the loans floated by Council in
Municipality for the purposes of the Act.
113. Recovery of loans and advances made by the
Government.
113-A. Constitution of Finance Commission.
CHAPTER IV
STATUTORY FUNCTIONS AND
RESPONSIBILITIES OF THE MUNICIPALITY
WATER SUPPLY
114. Vesting of powers.
115. Water Audit.
116. Powers of the State Government in water supply.
117. Powers of the Municipality in water supply.
118. Certain prohibitions to maintain water supply.
PUBLIC DRAINAGE AND SEWERAGE
119. Public drains to vest in the Municipality.
120. Responsibility of the Municipality for drains,
storm water drains and other such works.
121. Prohibitions regarding drains and sewage lines.
HEALTH AND SANITATION
122. City Sanitation Plan.
123. The responsibility of individuals to segregate
waste.
124. The responsibility of Municipality to collect
segregated waste.
125. Making arrangements for collection of waste.
126. Responsibilities of the Management of the Gated
Communities, Apartments, etc.
[Act No. 11 of 2019] 9

127. Management of Dump yards.


128. Compost Yards.
129. Bio-Medical Waste.
130. Hazardous waste.
131. Food safety and standards
132. Construction and Demolition Waste.
133. Municipal Waste Management.
AVAILABILITY OF PUBLIC CONVENIENCE OR
RESTROOMS
134. Public Convenience.
135. Free access to public convenience facilities.
136. Provision of sufficient number of rest-rooms and
toilets.
PUBLIC STREETS
137. Barring obstruction in the public road.
138. Temporary permissions in public places.
139. Penal action for damage of roads.
140. Naming of the Public Street.
141. Acquisition of Land and Buildings for
Improvement of Streets.
142. Traffic Engineering Schemes.
143. Creating Infrastructure for Pedestrians and Bus
Stops.
STREET LIGHTS
144. Street lights.
145. Prohibition of removal of lamps and damages of
poles, etc.
10 [Act No. 11 of 2019]

PUBLIC MARKETS
146. Public Market.
147. Allotment of Municipal Shops.
148. Permission for private markets.
VAIKUNTADAMAM (CREMATORIUM) AND
BURIAL GROUNDS
149. Vaikuntadamam (Crematorium) and Burial
Grounds.
150. Maintenance of records of Vaikuntadamam
(Crematoriums) and Burial Grounds.
151. Identification of alternative site for grave yards.
SLAUGHTER HOUSE
152. Slaughter Houses.
CONTROL OF INFECTIOUS DISEASES
153. Prevention of infectious diseases.
154. Public health surveillance programmes.
155. Steps to be taken on out-break of infectious
diseases.
156. Principles to control of infectious diseases.
157. Eradication of Mosquitoes and prevention of their
breeding.
158. Trade License for carrying out trade.
MANAGEMENT AND CONTROL OF ANIMALS
159. Management of domestic animals or pets.
160. Control of animals.
PROHIBITION OF NUISANCES
161. Prohibition of Nuisances.
[Act No. 11 of 2019] 11

ENVIRONMENTAL MANAGEMENT
162. Control of pollution.
DISASTER MANAGEMENT
163. Management of disaster.
164. Ensuring safety of engineering staff and workers.
VITAL STATISTICS
165. Registration of births and deaths and their
reporting.
166. Registration of name of child or of alteration of
name.
167. Correction of errors in registers of births or
deaths.
168. Information of births.
169. Information regarding deaths.
170. Duties of police in regard to unclaimed corpses.
CHAPTER V
TOWN PLANNING
171. Planned Development.
DEVELOPMENT OF LAND AND
CONSTRUCTION OF BUILDING
172. Development of Land and Making of Layout.
173. Integrated Townships.
174. Approval of Building Permissions.
175. Occupancy Certificate.
176. Preconditions for Building Permissions.
177. Penalty for misrepresentation of the facts.
178. Enforcement.
12 [Act No. 11 of 2019]

179. Town Planning Building Tribunal.


180. Penalties.
181. Power to seal unauthorized constructions /
development or premises embers of
Municipality.
182. Dangerous Structures, Precautions in case of
dangerous structures.
183. Construction of Buildings for Public Worship.
184. Building Permission for Industries and Factories.
185. Removal of Encroachments on Streets.
186. Protection of Water Bodies, Green Spaces and
Heritage Structures / Areas.
187. Usage of Toilet Facilities.
188. Code of Conduct for Licensed Technical
Personnel.
189. Plan for Bus Bays and Waiting Arenas.
190. Safety of pedestrians.
191. Safety of all existing structures.
192. Naming of Streets and Numbering of Buildings.
193. Informal Sector and Slum Development.
CHAPTER-VI
STATE ELECTION COMMISSION AND
CONDUCT OF ELECTIONS
194. State Election Commission.
195. Election notification.
195-A. Preparation and publication of electoral roll for a
Municipality.
196. Voting Machines at elections.
[Act No. 11 of 2019] 13

197. Symbols for elections under the Act.


198. Voter identity cards.
199. Injunctions not to be granted in Election
Proceedings.
200. Requisitioning of premises and vehicles for
election purposes.
201. Payment of compensation.
202. Power to obtain information.
203. Eviction from requisitioned premises.
204. Penalty for contravention of any order regarding
requisitioning.
CORRUPT PRACTICES AND ELECTION
OFFENCES
205. Corrupt practices.
206. Impersonation at Elections.
207. Offences by Companies.
ELECTORAL OFFENCES
208. Promoting enmity between classes in connection
with election.
209. Prohibition of public meetings before the date of
poll.
210. Disturbance at election meetings.
211. Restrictions on the printing of pamphlets,
posters, etc.
212. Maintenance of secrecy of voting.
213. Officers at elections not to act for candidates or
to influence voting.
214. Prohibition of canvassing in or near polling
station.
14 [Act No. 11 of 2019]

215. Penalty for disorderly conduct in or near polling


stations.
216. Penalty for misconduct at the polling station.
217. Penalty for failure to observe procedure for
voting.
218. Penalty for illegal hiring or procuring of
conveyance at elections.
219. Breaches of official duty in connection with
elections.
220. Penalty for Government servants for acting as
election agent, polling agent or counting agent.
221. Prohibition of going armed to or near a polling
station.
222. Removal of ballot papers or ballot boxes from
polling stations to be an offence.
223. Offences of booth capturing.
224. Liquor not to be sold, given or distributed on
polling day.
225. Other offences and penalties thereunder.
226. Penalty for offences not otherwise provided for.
MISCELLANEOUS ELECTION MATTERS
227. Adjournment of poll in emergencies.
228. Fresh poll in the case of destruction of ballot
boxes.
229. Adjournment of poll or countermanding of
election on the ground of booth capturing.
230. Destruction, loss of ballot papers at the time of
counting.
231. Electoral officers and staff deemed to be on
deputation.
[Act No. 11 of 2019] 15

232. Delegation of powers of the Commission.


233. Election petitions.
ELECTION EXPENSES
234. Application of chapter.
235. Accounts of election expenses.
236. Lodging of account with the District Election
Authority.
APPOINTMENT OF OBSERVERS
237. Appointment of observers.
CHAPTER VII
SUBSIDIARY LEGISLATION
RULES, BYE-LAWS AND REGULATIONS
238. Power of Government to make rules.
239. Power to amend Schedules.
240. Power of the Council to Make Bye-laws.
241. Power of Government to make rules in lieu of
Bye-laws.
242. Power to give retrospective effect to certain Bye-
laws.
243. Conditions precedent to making Bye-laws.
244. Penalty for breaches of Bye-laws.
PUBLICATION OF RULES, BYE-LAWS AND
REGULATIONS
245. Copies of Act, Rules and Bye-laws to be made
available online.
PENALTIES
246. General provisions regarding penalties.
16 [Act No. 11 of 2019]

247. Penalty for acquisition of interest by any


Municipal Officer of interest in contract or work.
248. Penalty for willful prevention of distraint.
249. Wrongful restraint of Municipal Authority or
Officer and his delegate.
250. Penalty for not giving information or giving false
information.
PROCEDURE AND MISCELLANEOUS
LICENSES AND PERMISSIONS
251. General provisions regarding licenses and
permissions.
APPEALS
252. Appeals.
POWER TO SUMMON
253. Power of persons conducting election and other
enquiries.
254. Summons to attend and give evidence or
produce documents.
NOTICES, Etc.
255. Form of notices and permissions.
256. Signature on documents.
257. Publication of bye-laws, notice, orders etc.
258. Notice of prohibition or setting apart of places.
259. Method of serving documents.
RELATIONS OF OCCUPIER TO OWNER.
260. Recovery by occupier of sum leviable, from
owner.
261. Obstruction of owner by occupier.
[Act No. 11 of 2019] 17

262. Execution of work by occupier in default of


owner.
POWERS OF ENTRY AND INSPECTION
263. Power of entry to inspect, survey or execute the
work.
POWER TO ENFORCE LICENSING
PROVISIONS.
264. Consequences of failure to obtain licenses or of
breach of the same.
PAYMENT OF COMPENSATION BY AND TO
THE MUNICIPALITY
265. Power of Municipality to pay compensation.
266. Recovery of sums due as taxes.
267. Limitation for recovery of dues.
268. Persons empowered to prosecute.
269. Imprisonment in default of payment and
application of costs etc.
270. Payment of compensation for damage to
municipal property.
LEGAL PROCEEDINGS.
271. Institution of suits against Municipal Authorities,
Officers and Servants.
272. Provisions regarding institution of civil and
criminal actions and obtaining of legal advice.
273. Power of election authority to defend himself, if
sued.
274. Injunctions not to be granted in election
proceedings.
275. Protection of persons acting under this Act
against suits.
18 [Act No. 11 of 2019]

276. Liability for loss, waste or misappropriation.


277. Sanction for Prosecution of Chairperson,
Commissioner or any other officer.
278. Assessment not to be questioned.
279. Injunctions not to be granted in respect of
revisions or amendment of assessment books.
POLICE
280. Duties of Police Officers.
281. Power of police officers to arrest persons.
282. Exercise of Powers of Police Officer by Municipal
Officers or Employees.
MISCELLANEOUS
283. Application of Term of ‘Public Servant’ to
Municipal Officers, Agents and Sub-Agents.
284. Prohibition against removal of mark.
285. Prohibition against removal or obliteration of
notice.
286. Prohibition against unauthorized dealings with
public place or materials.
287. Delegation of powers by the government.
288. Power to give directions.
289. Adjudication of disputes between Local
Authorities.
290. Notified Areas.
291. Power to transfer functions of municipalities to
Telangana State Industrial Infrastructure
Corporation and vice versa.
292. Disclosure of information.
[Act No. 11 of 2019] 19

293. Extension of provisions of law relating to


municipalities or of rules thereunder, for mining
settlement
294. Vesting of public streets and appurtenances in
the Municipality.
295. Duty of Municipality in respect of public streets
withdrawn from its control.
296. Collected sewage, construction waste, etc. to
belong to Municipality.
297. Procedure for acquisition of immovable property
required by the Municipality.
298. Special powers of the Government.
299. Repeal and savings.
300. Remove of difficulties.
301. Repeal of Ordinance 6 of 2019.
Schedule-I.
Schedule-II.
Schedule-III.
Schedule-IV.
THE TELANGANA MUNICIPALITIES ACT, 2019.

ACT No. 11 OF 2019.∗

[9th October, 2018]

AN ACT TO CONSOLIDATE AND PROVIDE FOR THE


CONSTITUTION OF MUNICIPALITIES (MUNICIPAL
COUNCILS AND MUNICIPAL CORPORATIONS) OTHER
THAN THE GREATER HYDERABAD MUNICIPAL
CORPORATION IN THE STATE OF TELANGANA IN
TERMS OF PART – IX A OF THE CONSTITUTION OF
INDIA AND FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.

Be it enacted by the Legislature of the State in the


Seventieth Year of the Republic of India as follows:-

CHAPTER - I
PRELIMINARY AND DEFINITIONS

1. (1) This Act may be called the Telangana Municipalities Short title, extent,
Act, 2019. application and
commencement.
(2) It extends to the whole of the State of Telangana.

(3) It applies to the Municipal Councils and Municipal


Corporations in the State and save as otherwise provided
under this Act, it does not apply to the Greater Hyderabad
Municipal Corporation (constituted under the Greater Act II of 1956.
Hyderabad Municipal Corporation Act, 1955).

(4) It shall come into force on such date and in such


areas as the State Government may, by notification in the

∗ Received the assent of the Governor on the 8th October, 2019.


2 [Act No.11 of 2019]

Telangana Gazette appoint, and they may appoint different


dates for different areas and for different provisions.

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

(1) “Advertisement” means anything in writing or in print


or by way of picture or effigy or representation to public
through any device whether illuminated either wholly or part
and further through any electronic or social media /
medium, including any hoarding or structure used or
adapted for the display of advertisement;

(2) “appointment” or “appoint” means and include


temporary appointment and officiating appointment by the
Government;

(3) “annual rental value” means the annual rental value


of any building or land fixed in accordance with the
provisions of this Act and the rules made thereunder;

(4) “booth capturing” includes, among other things, all


or any of the following activities, namely:-

(i) seizure of a polling station or a place fixed for the


poll by any person or persons making polling authorities
surrender the ballot papers or voting machines and doing of
any other act which affects the orderly conduct of elections;

(ii) taking possession of polling station or a place


fixed for the poll by any person or persons and allowing only
his or their own supporters to exercise their right to vote and
prevent others from free exercise of their right to vote;

(iii) coercing or intimidating or threatening directly or


indirectly any elector and preventing him from going to the
polling station or a place fixed for the poll to cast his vote;
[Act No.11 of 2019] 3

(iv) seizure of a place for counting of votes by any


person or persons, making the counting authorities
surrender the ballot papers or voting machines and the
doing of anything which affects the orderly counting of
votes;

(v) doing by any person in the service of


Government, of all or any of the aforesaid activities or aiding
or conniving at any such activity in the furtherance of the
prospects of the election of a candidate.

(5) “building” means any permanent structure or


otherwise constructed of any material for any purpose and
includes multi storied complexes, gated communities, malls,
high rise buildings, a house, out-house, shop, stable, latrine,
shed, hut, wall and compound wall, or any part of such
building either residential or non-residential;

(6) “building line” means a line which is in rear of the


street alignment and to which the main wall of a building
abutting on a street may lawfully extend;

(7) “capital value” means the capital value of any


building or land fixed in accordance with the provisions of
this Act and the rules made thereunder;

(8) “casual vacancy” means a vacancy arising otherwise


than by efflux of time;

(9) “casual election” means an election held to fill a


casual vacancy;

(10) “Carriage” means any wheeled vehicle with springs


or other appliances acting as springs and includes any kind
of bicycle, tricycle, rickshaw and palanquin but does not
include any motor vehicle within the meaning of the Motor Central Act 59 of 1988.
Vehicles Act, 1988;
4 [Act No.11 of 2019]

(11) “Chairperson” and “Vice-Chairperson” means-

(i) in relation to a Municipal Corporation the Mayor


and the Deputy Mayor respectively;

(ii) in relation to a Municipal Council, the Chairperson


and Vice-Chairperson, respectively;

(12) “Chairperson” means the Chairperson of the


Municipal Council and includes Mayor of Municipal
Corporation as elected under section 20 of this Act, and the
term Chairperson shall be construed as the Mayor wherever
the context so requires with regard to the Municipal
Corporation, unless otherwise provided;

(13) “Collector” means District Collector in charge of a


District;

(14) “Commissioner” means the Commissioner of the


Municipality or of Municipal Corporation, appointed by the
Government under section 38 of this Act;

(15) “company” means a company as defined in the


Central Act 18 of 2013. Companies Act, 2013, and includes any foreign company;

(16) “compound” means land, whether enclosed or not,


which is the appurtenance of a building or the common
appurtenance of several buildings;

(17) “contractor” means and includes any person or


persons engaged by the Municipality for discharge of any
duties or works or services under a contract as may be
necessary;

(18) “corporation” means the Municipal Corporation


constituted under section 3 of this Act;
[Act No.11 of 2019] 5

(19) “council” means the Municipal Council constituted


under section 3 of this Act;

(20) “cubical contents” means and includes all those


parameters that are used with reference to the measurement
of a building, the space contained within the external
surface of its wall and roof and the upper surface of the floor
of its lowest storey, or where the building consists of one
storey only, the upper surface of its floor;

(21) “development” means the carrying out of any


activity of construction or building, or other operations in, or
over, or under land or water, or the making of any material
changes or otherwise, in any building or land or any part
thereof, or in the use of any building or land, and includes
any repairs or redevelopment and layout and sub-division of
any land; and “to develop” shall be construed accordingly;

(22) “development charge” means a charge levied for


the purpose of any development activity;

(23) “Commissioner and Director of Municipal


Administration” means an officer appointed by the
Government under this Act, and includes an Additional
Director, a Joint Director, Deputy Director, or any other
officer of the Government authorized by it to perform the
functions of the Commissioner and Director of Municipal
Administration;

(24) “drain” includes a sewer, a house-drain, a drain of


any other description, a tunnel, a culvert, a ditch, a channel
or any other device for carrying of sullage, sewage,
offensive matter, polluted water, rainwater or sub-soil water;

(25) “drainage” includes all liquid discharges except


sewage;
6 [Act No.11 of 2019]

(26) “election authority” means such officer or authority


as may be appointed by the State Election Commission
under this Act to exercise such powers, functions incidental
therewith for the conduct of elections to the Municipalities;

(27) “election tribunal” means a Tribunal constituted for


disposal of election petitions under section 233 of this Act;

(28) “energy conservation building code” means the


energy code adopted by the Bureau of Energy Efficiency as
revised from time to time, stipulating the minimum
requirements for energy-efficient building design and
construction;

(29) “factory” means any premises including the


precincts thereof,-

(i) wherein any industrial or manufacturing process is


carried on with the aid of steam, water, oil, gas, electrical or
any other form of power which is mechanically transmitted,
and it is not generated by human or animal agency; or

(ii) wherein twenty or more workers are working or


were working and in any part of which a manufacturing
process is being carried on without the aid of power or is
ordinarily so carried on but does not include a mine subject
Central Act 35 of 1952. to the operation of Mines Act, 1952 or a railway running
shed or a hotel or restaurant or an eating house;

(30) “Finance Commission” or “State Finance


Commission” means the Finance Commission constituted
by the Governor under article 243-I of the Constitution of
India;
[Act No.11 of 2019] 7

(31) “filth” means,-

(i) night - soil and other contents of latrines,


cesspools and drains;

(ii) dung and the refuse or useless or offensive


material thrown out in consequence of any process of
manufacture, industry or trade; and

(iii) putrid and putrefying substances;

(32) “financial year” means the year beginning on the


first day of April or such other date as the Government may
by notification appoint;

(33) “food” includes every article used for food or drink


by man, other than drugs or water, and any article which
ordinarily enters into, or is used in the composition or
preparation of human food, and also includes confectionery,
flavoring and coloring matters, spices and condiments;

(34) “garbage” means rubbish or waste, especially


domestic or otherwise refuse;

(35) “Government” means the State Government of


Telangana;

(36) “green cell” means a cell constituted at each


Municipality to enhance greenery, plantation, parks and
afforestation under envision Haritha Telangana or otherwise
and to develop own nurseries and ensure supply of saplings
and provide necessary care within the Municipal area;

(37) “height of building” means height measured from


the road and in case of undulated terrain, height can be
considered as average of the corresponding ground level.
8 [Act No.11 of 2019]

The parapet wall, staircase headroom, lift room and water


tank are excluded from the height of the building;

(38) “high-rise building” means and includes all


buildings with 18 meters or more in height measured from
the average level of the central line of street on which the
site abuts, staircase rooms, lift rooms, chimneys, elevated
tanks above the topmost floor and architectural features are
excluded from the height of such building;

(39) “house” means a building or hut fit for human


occupation, whether as a residence or otherwise, having a
separate principal entrance from the common way, and
includes any shop, workshop or warehouse or any building
used for garaging or parking buses or as a bus-stand;

(40) “hut” means any building which is constructed


principally of wood, mud, leaves, grass or thatch and
includes any temporary structure of whatever size or any
small building of whatever material made, which the council
may declare to be a hut for the purposes of this Act;

(41) “industrial area local authority” means an authority


created for industrial township as separate local authority by
the Government of Telangana under the provisions of article
243-Q of Constitution of India;

(42) “infectious disease or communicable disease”


means any disease, which may be transmitted from one
person to another and declared as such by the Government
through notification under this Act;

(43) “land” includes land which is being built upon or is


built upon or covered with water, benefits to arise out of
land, things attached to the earth or permanently fastened
to anything attached to the earth and rights created by
legislation over any street;
[Act No.11 of 2019] 9

(44) “larger urban area” means a Municipal Corporation


and classified as a larger urban area by the Governor by
notification with reference to various factors as provided in
article 243Q of the Constitution of India;

(45) “latrine” means and includes a place set apart for


defecating or urinating or both and includes a closet of the
dry or water-carriage type and urinal, any public convenient
places such as rest rooms, washrooms, etc.;

(46) “license” means a license issued under this Act;

(47) “licensed technical personnel” is a Licensed


Architect or Engineer or Town Planner or Structural
Engineer or Surveyor or any other technical person as
prescribed to plan, design and supervise for carrying out
layout and building developmental activities, and also to
issue certificate of supervision of such a development of
land and building in municipal areas;

(48) “local area” means the entire area notified as


Municipal area of the Municipality, and includes any town,
village, hamlet, bazaar, station or other area or any group of
the same in the immediate neighborhood of one another;

(49) “liquid waste management” means the creation,


collection, and disposal of non-hazardous liquid materials to
prevent discharge of pollutants to the storm water drain
system or to watercourse and all such steps taken in this
regard;

(50) “local authority” means any Municipality, Municipal


Corporation, Zilla Praja Parishad, Mandal Praja Parishad,
Gram Panchayat and Cantonment Board established by
law;
10 [Act No.11 of 2019]

(51) “Market” includes any place, by whatever name


called, where persons assemble for the sale of vegetables,
fruits, meat, fish, live stock, or any other article of food of a
perishable nature, or any other article and declared and
licensed by the municipality as a market;

(52) “master plan” means a comprehensive plan


showing therein the existing and proposed locations and
general layout of (a) arterial streets and transportation lines,
(b) residential areas, (c) commercial areas, (d) industrial
areas, (e) educational institutions, (f) public parks,
playgrounds and other recreational places, (g) public and
semi-public buildings, and (h) any other places put to any
specified use or earmarked and proposed to be used for
any of the purposes as mentioned in this definition and as
provided under this Act;

(53) “Member” means elected members, ex-officio and


co-opted members of the Municipality;

(54) “municipal officer” means and includes all the


officers, employees and such other staff employed in the
Municipality;

(55) “municipal property” means and includes municipal


open spaces, auditoriums, parks, playgrounds, community
halls, municipal roads, pavements, street lights, garbage,
nalas, municipal drain, municipal market, municipal
slaughter-house or water works and all such other
structures, buildings, etc. belonging to and managed by the
Municipality under this Act;

(56) “Municipalities” means institutions of self-


government constituted under article 243Q of the
Constitution of India and includes a Municipal Corporation
and a Municipal Council as declared and notified under the
provisions of this Act and the expression Municipality shall
[Act No.11 of 2019] 11

be construed as Municipal Council and Municipal


Corporation wherever the context so requires and unless
provided otherwise under this Act;

(57) “municipal fund” means the municipal fund referred


to in section 106 of this Act;

(58) “nuisance” includes any act, omission, place or


thing which causes or is likely to cause injury, danger,
annoyance or offence to the sense of sight, smell or hearing
or disturbance to rest or sleep or which is or may be
dangerous to life or injurious to health or property of the
public or the people in general who dwell or occupy in the
vicinity or persons who may have occasion to use any
public right;

(59) “notification” means a notification published either


in the Telangana Gazette or as the case may be District
Gazette concerned and the word ‘notified’ shall be
construed accordingly;

(60) “non-revenue water” means water that has been


produced and is “lost” before it reaches the customer or
does not yield any revenue;

(61) “occupier” includes—

(i) any person for the time being paying or liable to


pay to the owner the rent or any portion of the rent of the
land or building or part of the same in respect of which the
word is used; or

(ii) a rent-free occupant;

(62) “online service” means services of Municipality


through electronic devices such as computer, computer
12 [Act No.11 of 2019]

network, computer resource and communication device or


through any such other electronic device;

(63) “ordinary vacancy” means a vacancy occurring by


efflux of time and “ordinary election” means an election held
to fill an ordinary vacancy;

(64) “owner” means and includes—

(i) 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 estate
for any religious or charitable purposes, the rent or profits of
the property in connection with which the word is used;

(ii) the person for the time being in charge of the


animal or vehicle in connection with which the word is used;

(65) “population” means the population as ascertained


at the latest census as published by the census authorities;

(66) “premises” means any land or building or part of a


building or any hut or part of a hut, and includes —

(i) the garden, ground and outhouses, if any,


appertaining thereto, and

(ii) any fittings or fixtures affixed to a building or part


of a building or land or hut or part of a hut;

(67) “prescribed” means prescribed under the rules


made under this Act;

(68) “private street” means any street, road, square,


court, alley, passage or riding path, which is not a public
street but does not include a pathway made by the owner of
[Act No.11 of 2019] 13

premises on his own land to secure access to, or the


convenient use of, such premises;

(69) “public place” includes any path, garden or ground


or any other place to which public have or are permitted to
have access;

(70) “public street” 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—

(i) the roadway over any public bridge or causeway;

(ii) the footway attached to any such street, public


bridge or causeway; and

(iii) the drains attached to any such street, public


bridge or causeway and the land, whether covered or not by
any pavement, 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 the Government;

(71) “public watercourse, springs, wells and tanks”


include those used by the public to such an extent as to
give a prescriptive right to such use;

(72) “qualifying date” means the first day of January of


the year in relation to the preparation and publication of
electoral roll under this Act.

(73) “re-construction of a building” includes—

(i) the re-erection, wholly or partially, of a building


after more than one-half of its cubical contents have been
14 [Act No.11 of 2019]

taken down or burnt down or has fallen down whether at


one time or not;

(ii) the re-erection, wholly or partially, of any building


of which an outer wall has been taken down or burnt down
or has fallen down to or within ten feet of the ground,
adjoining the lowest storey of the building, and of any frame
building which has so far been taken down or burnt down or
has fallen down, so as to leave only the frame work of the
lowest storey;

(iii) the conversion into a dwelling house or a place of


public worship of any building not originally constructed for
human habitation or for public worship as the case may be,
or the conversion into more than one dwelling house of a
building originally constructed as one dwelling house only
or the conversion of a dwelling house into a factory, shop,
office or warehouse;

(iv) the re-conversion into a dwelling house or a place


of public worship or a factory of any building which has
been discontinued as, or appropriated for any purpose
other than a dwelling house or a place of public worship or
a factory, as the case may be;

(74) “Regional Director” means the Regional Director-


cum-Appellate Commissioner of Municipal Administration
having jurisdiction over the Municipality concerned under
this Act;

(75) “registered voter in the Municipality” means a


person whose name appears in the electoral roll prepared
and published under this Act;

(76) “residence” and “reside” means that a person is


deemed to have his ordinary residence or to reside in any
house, which includes a person using any portion thereof as
[Act No.11 of 2019] 15

a sleeping apartment; or a person merely absent to reside in


any house but has a right or a liberty to return to such house
at any time and has not abandoned his intention of
returning;

(77) “Returning Officer” means an officer designated by


the State Election Commission under this Act for conduct of
elections to the offices under this Act;

(78) “rubbish” means dust, ash, broken brick, mortar,


broken glass, and refuse of any kind which is not filth;

(79) “salary” means all pays or emoluments or


payments and includes all allowances;

(80) “schedule” means the schedules annexed to this


Act;

(81) “Scheduled Castes” mean such castes, races or


tribes or parts of or groups within such castes, races or
tribes as are notified to be Scheduled Castes under article
341 of the Constitution of India in relation to the State of
Telangana;

(82) “Scheduled Tribes” mean such tribes or tribal


communities or parts of or groups within such tribes or tribal
communities as are notified to be Scheduled Tribes under
article 342 of the Constitution of India in relation to the State
of Telangana;

(83) “segregation” means sorting and separate storage


of various components of solid waste, namely
biodegradable wastes, non-biodegradable wastes and
domestic hazardous waste;
16 [Act No.11 of 2019]

(84) “self-assessment” means the act or process of


analyzing and evaluating oneself and in connection with
which the word is used;

(85) “self-certification” means an official statement that


a person make about himself, especially while applying for
municipal services;

(86) “sewage” means night soil and other contents of


water closets, latrines, privies, urinals, cesspools or drains,
and polluted water from sinks, bathrooms, stables, cattle
sheds and other like places and includes trade effluents and
discharges from manufactories of all kinds;

(87) “self-declaration” means the act of declaring


something that is stated or made known in an official or
public way by the individual;

(88) “single window system” is a facility to process the


applications for permission through online by streamlining
the different processes and approvals, in order to act as a
single point of contact for requesting various services,
submission of documents and payment of fees as
prescribed;

(89) “slaughter house” means any place used for the


slaughter of cattle, sheep, goats, or pigs for the purpose of
selling the flesh thereof as meat;

(90) “slum” means a highly populated urban residential


area consisting of closely packed temporary structures like
kutcha or semi-pucca houses without any basic amenities
like roads, drains, water supply, street light or health
facilities and occupied by below poverty line families;
[Act No.11 of 2019] 17

(91) “special officer” means any officer of the


Government appointed as such for exercising powers and
discharging functions under provisions of this Act;

(92) “State Election Commission” means the State


Election Commission constituted in pursuance of article
243-K of the Constitution of India;

(93) “street alignment” means a line dividing the lands


comprised in and forming part of a street from the adjoining
land;

(94) “smaller urban area” means a Municipality with


reference to various factors as provided in article 243-Q of
the Constitution of India;

(95) “solid waste management” means the process of


generating, collecting and treating the solid waste or semi-
solid domestic waste, sanitary waste, commercial waste,
institutional waste, catering and market waste and other
non-residential waste, street sweeping, silt removed or
collected from the surface drains, horticulture waste,
agriculture and dairy waste, treated bio-medical waste
excluding industrial waste, bio-medical waste and e-waste,
battery waste, radioactive waste generated in the area under
the municipality;

(96) “State Government” means the Government of


Telangana;

(97) “Transferable Development Right or TDR” means


an award specifying the built up area an owner of a site or
plot can sell or dispose or utilize elsewhere, in lieu of
surrendering land free of cost which is required to be set
apart or affected for public purpose as per the Master Plan
or in road widening or covered in recreational use zone, etc.
18 [Act No.11 of 2019]

and which was issued in the form of a certificate by


Competent Authority;

(98) “Telangana State Industrial Project Approval and


Self-Certification System (TS-iPASS)” means a body
constituted under the Telangana State Industrial Project
Act 3 of 2014. Approval and Self-Certification System (TS-iPASS) Act, 2014
meant for according clearances and approval for
manufacturing proposals;

(99) “Urban Development Authority” means any Urban


Development Authority constituted under the Telangana
Act 1 of 1975. Urban Areas (Development) Act, 1975 and includes
Hyderabad Metropolitan Development Authority constituted
under Hyderabad Metropolitan Development Authority Act,
Act 8 of 2008.
2008;

(100) “voting machines” means any machine or


apparatus whether operated electronically or otherwise
used for giving or recording of votes and any reference to a
ballot box or ballot paper in this Act or the rules made
thereunder shall, save as otherwise provided be construed
as including a reference to such voting machine wherever
such voting machine is used at any election;

(101) “Vice-Chairperson” means the Vice-Chairperson


of the Municipal Council and includes Deputy Mayor of
Municipal Corporation elected under section 20 of this Act,
and the term Vice-Chairperson shall be construed as Deputy
Mayor wherever the context so requires with regard to the
Municipal Corporation, unless otherwise provided;

(102) “Ward Committee” means a Ward Committee


constituted under section 17 and 30 of this Act;

(103) “waste” means solid waste or semi-solid domestic


waste, sanitary waste, commercial waste, institutional waste,
[Act No.11 of 2019] 19

catering and market waste and other non-residential waste,


street sweeping, silt removed or collected from the surface
drains, horticulture waste, agriculture and dairy waste,
industrial waste, bio-medical waste and e-waste, battery
waste, radioactive waste generated in the area under the
Municipality;

(104) “water connection” includes-

(i) any tank, cistern, hydrant, stand pipe, meter or tap


situated on any private property and connected with a water
main or pipe belonging to the Municipality; and

(ii) the water pipe connecting such tank, cistern,


hydrant, stand pipe, meter or tap with such water main or
pipe;

(105) “Watercourse” means and includes any river,


stream or channel whether natural or artificial;

(106) “water for domestic purposes” shall include water


for domestic requirement including drinking water purposes
and shall not include water for any trade, manufacture or
business or for building purposes, or for watering gardens
or for fountains or for any ornamental or mechanical
purposes;

(107) “year” means the financial year;

(108) The words and expressions used in this Act, but


not defined shall have the meanings assigned to them in the
relevant Acts.
20 [Act No.11 of 2019]

CHAPTER II
CONSTITUTION AND COMPOSITION OF MUNICIPALITIES

Constitution of 3. (1) The Municipality shall be a body corporate having


Municipalities. perpetual succession and a common seal. It can sue or be
sued in its corporate name, acquire, hold and transfer
property, enter into contracts and do all things which are
necessary, proper or expedient for which it is constituted.

(2) From the date of commencement of this Act, all the


Municipalities constituted under the Telangana
Act 6 of 1965. Municipalities Act, 1965 and the Municipal Corporations
Act 25 of 1994. constituted under Telangana Municipal Corporations
Act,1994 shall be deemed to have been constituted as
Municipal Councils as specified in Schedule I and Municipal
Corporations as specified in Schedule II under this Act, and
the provisions of this Act shall apply to all such
Municipalities constituted and deemed to have been
constituted under this Act:

Provided that in cases where a Gram Panchayat is


already notified as a Municipality under section 3-A of the
Municipalities Act, 1965, the elected body of such Gram
Panchayat shall continue to be in existence until its term
expires and exercise all such powers under the provisions of
Telangana Act 5 of the Telangana Panchayat Raj Act, 2018, and on such date of
2018.
expiry, it shall be deemed to have been constituted as a
Municipality under this Act.

(3) The State Legislature may, by way of amendment to


this Act, modify or add or alter schedule I or II of this Act so
as to,-

(a) form a new Municipality by separation of local


area from any Municipality, or by uniting two or more local
areas or part of areas, or by uniting any local area to a part
of Municipality;
[Act No.11 of 2019] 21

(b) include within a Municipality any local area;

(c) exclude from a Municipality, any area comprised


therein;

(d) constitute any local area as a Municipality;

(e) alter the name of any Municipality;

(f) revise the boundary of municipal area;

(g) describe the boundaries of the Municipality;

(h) abolish a Municipality.

4. (1) The Government may pass such orders as it may Power of


deem fit so as:- Government over
property of
Municipalities.
(a) to the disposal of the property vested in a
Municipality, which has ceased to exist, and the discharge
of its liabilities; and

(b) to the disposal of any part of the property vested


in a Municipality, which has ceased to exercise jurisdiction
over any local area, and the discharge of the liabilities of the
Municipality relating to such property, or arising from such
local area;

(2) An order made under sub-section (1) of section (4)


shall contain such supplemental, incidental and
consequential provisions, as the Government may deem
necessary, and, in particular, may direct;

(a) that any tax, fee or other sum due to the


Municipality, or where a Municipality has ceased to exercise
jurisdiction over any local area, such tax, fee, or other sum
due to the Municipality, as relates to that area, shall be
22 [Act No.11 of 2019]

payable to such authorities, as may be specified in the


order; and

(b) that appeals, petitions, or other applications, with


reference to any such tax, fee or sum, which are pending on
the date on which the Municipality ceased to exist or, as the
case may be, on the date on which the Municipality ceased
to exercise jurisdiction over the local area, shall be disposed
of by such authorities, as may be specified in the order.

COMPOSITION OF MUNICIPALITIES

Composition of 5. (1) In each Municipality, there shall be a Municipal


Municipality. Council or a Municipal Corporation having authority over the
Municipality.

(2) The Municipal Council or the Municipal Corporation


as the case may be, shall consist of such number of Ward
Members elected in direct elections conducted to the
Municipality, as specified in column No 4 of the Schedule-I
and Schedule-II respectively.

(3) In addition to the elected members specified in sub-


section (2), the following shall also be members in the
Municipality:

(a) Member of the Legislative Assembly of the State,


representing the constituency, of which a Municipality or a
portion thereof forms part,

(b) Member of the House of People, representing the


constituency of which a Municipality or a portion thereof
forms part:

Provided that a Member of the Legislative Assembly,


and a Member of the House of People, representing a
constituency which comprises more than one Municipality,
[Act No.11 of 2019] 23

including a part of any Municipality, shall be the ex-officio


member of one such Municipality, which he/she chooses
within a period of thirty (30) days from the date of conduct of
ordinary elections to the Municipality, or from the date of
election as a Member of Legislative Assembly or of the
House of People as the case may be, by notice, in writing,
duly signed by him and delivered to the Commissioner of
that Municipality:

Provided further that the intimation so delivered shall


be final and irrevocable, and in default of such intimation
within the aforesaid period, the District Election Authority
shall decide the Municipality and inform the Member of
Legislative Assembly or of the House of People as the case
may be.

(c) Member of the Legislative Council of the State:

Provided that a member-

(i) elected to the Legislative Council by the electorate


of local authorities as provided in article 171 (3) (a) of the
Constitution of India,

(ii) elected to the Legislative Council by the electorate


consisting of graduates as provided in article 171 (3) (b) of
the Constitution of India,

(iii) elected to the Legislative Council by the


electorate consisting of the teachers as provided in article
171 (3) (c) of the Constitution of India,

(iv) elected to the Legislative Council by the members


of the Legislative Assembly as provided in article 171 (3) (d)
of the Constitution of India, and
24 [Act No.11 of 2019]

(v) nominated by the Governor as provided in article


171 (3) (e) of the Constitution of India shall choose to be an
ex-officio member of any one of the Municipalities in his
jurisdiction within a period of thirty days from the date of
conduct of ordinary elections to the Municipality, or from the
date of election as a Member of Legislative Council, as the
case may be, and deliver to the Commissioner of that
Municipality, by notice, in writing, duly signed by him:

Provided further that the intimation so delivered shall


be final and irrevocable, and in default of such intimation
within the aforesaid period, the District Election Authority
shall decide the Municipality and inform the Member of
Legislative Council;

(d) Member of the Council of States:

Provided that a member of the Council of the State


shall choose to be an ex-officio member of any one of the
Municipalities in the State within a period of thirty days from
the date of conduct of ordinary elections to the Municipality,
or from the date of election as a Member of Council of State
as the case may be, and deliver to the Commissioner of that
Municipality, by notice, in writing, duly signed by him:

Provided further that the intimation so delivered shall


be final and irrevocable, and in default of such intimation
within the aforesaid period, the District Election Authority
shall decide the Municipality and inform the Member of
Council of States;

(e) The ex-officio members referred to in clauses (a),


(b), (c) and (d) shall have the right to speak and take part in
the proceedings of any meeting of the Municipalities within
the jurisdiction, and shall have right to vote in the
Municipality he / she has chosen.
[Act No.11 of 2019] 25

(4) Two persons in the case of municipal council and


three persons in case of Municipal Corporations having
special knowledge or experience in municipal administration
co-opted by the members specified in sub-sections (2) and
(3), as prescribed and the persons should be the registered
voters in the Municipality and they should possess the age
not less than twenty one (21) years as on the date of
notification and one amongst them shall be a woman.

(5) Two persons belonging to minority community co-


opted by the members specified in sub-sections (2) and (3)
as prescribed and the persons should be the registered
voters in the Municipality and they should possess the age
not less than twenty one (21) years as on the date of
notification and one amongst them shall be a woman:

Provided that while co-opting members from minority


community, preference shall be given to such members who
are not represented in the municipality through direct
elections:

Provided further that the members co-opted under sub-


sections (4) and (5) shall have a right to participate in the
meetings of the Municipality but shall have no right to vote.

(6) In the event of any member of the Municipality


getting elected as a Member of the Legislature of the State
or of Parliament or any other elected post, he shall submit
his resignation as member of the Municipality or the newly
elected post of Legislature of the State or of Parliament or
any other elected post, within a period of 15 days from the
date of such election. In the absence of such resignation he
shall be deemed to have resigned from the office of member
of the Municipality.
26 [Act No.11 of 2019]

Division of 6. (1) All the seats in the Municipality shall be filled by


Municipalities into persons chosen by direct election, and for this purpose,
wards for the
purpose of each municipality shall be divided into such number of
election of wards as mentioned at sub-section (2) of section 5 on
members of the territorial basis as prescribed by notification in such a
Municipal Council. manner that all wards shall have, as far as practicable, equal
number of voters and one member shall be elected from
each ward, and,

(a) determine the wards in which the seats, if any,


reserved under sub-section (1) of section 6 shall be set
apart; and

(b) declare for whom such seats are reserved.

(2) All the electors of a ward shall be entitled to vote at


an election to any seat in the ward, whether reserved or not.

(3) Where a notification issued under sub-section (1),


results in material alteration of the existing division of a
Municipality into wards, the Government may direct that the
alteration shall take effect from the date of next ordinary
elections.

(4) Where any local area within the jurisdiction of any


other local authority is included in a Municipality under
section 3, the local area shall be added to such adjoining
ward or wards of the Municipality, as the Government may
direct.

(5) When a new ward is formed, or when an existing


ward is abolished, the Government may determine following
the procedure under section 3(3) of this Act:-

(a) the ward which each elected member then on the


Municipality shall be deemed to represent; and
[Act No.11 of 2019] 27

(b) the ward or wards in which elections shall be held


to fill the vacancies, if any, in the Municipality.

7. (1) In every Municipality, out of the total strength of Reservation of


elected members determined under sub-section (2) of seats.
section 5 in the manner prescribed, seats shall be reserved-

(a) in favor of Scheduled Tribes and Scheduled


Castes in proportion to their respective population of the
Municipality, and

(b) in favor of Backward Classes:

Provided that, the total reservations shall not exceed


50 percent of the total number of seats of the municipality.

(2) (a) 50% of the total number of seats reserved for


Scheduled Tribes, Scheduled Castes and Backward
Classes under sub-section (1) shall be reserved for women
belonging to the Scheduled Tribes, Scheduled Castes and
Backward Classes respectively.

(b) 50% of the total number of seats under sub-section


(1) including the reservations made under clause (a) of sub-
section (2) shall be reserved for women.

(3) The reservations referred to in sub-sections (1) and


(2) shall be made by rotation in the manner prescribed in
the rules made under this Act and shall continue to remain
for two consecutive terms commencing from the first
ordinary elections held under this Act.

8. (1) Every person who is elected as a member shall, Oath of the


before taking his seat, make and subscribe at a meeting of members.
the Municipality an oath or affirmation of his allegiance to
the Constitution of India, before such authority and in such
form as prescribed by the Government.
28 [Act No.11 of 2019]

(2) Where a member fails to take the oath or affirmation


prescribed in sub-section (1) within three months of the date
on which his term of office commences, or at one of the first
three meetings held from the said date whichever is later,
ceases to hold his office and his seat shall be deemed to
have become vacant.

Action by 9. (1) Where a member ceases to hold office under section


Commissioner (8), the Commissioner shall report the same to the Council
and member after
the member at its next meeting.
ceases office.
(2) If the member who failed to take an oath or
affirmation under section (8) makes any application within
thirty days of the date on which he has ceased to be a
member, the council may grant him further time which shall
not be more than three months for making the oath, and if
he makes the oath within the extended time given by the
Council, he shall continue to hold his office.

Term of office of 10. (1) Save as otherwise provided in this Act, the term of
members of office of elected members at ordinary elections shall be five
Municipality.
years from the date of the first meeting of the Municipality,
after the ordinary elections.

(2) An ex-officio member shall hold office so long as he


continues to be the Member of the Legislative Assembly of
the State or, as the case may be, of the House of the
People, or of the Legislative Council or of the Council of the
States.

(3) The process for election of elected members to any


ordinary vacancies shall commence three months before
the occurrence of such vacancy.

(4) A member elected at a direct election held after the


occurrence of a vacancy, shall enter upon office forthwith,
but shall hold office only as long as the member in whose
[Act No.11 of 2019] 29

place he is elected would have been entitled to hold office, if


the vacancy had not occured.

11. (1) Subject to the provisions of this Act, a person shall Qualifications of
be qualified for election as a member only if his name candidates.
appears on the electoral roll for the Municipality, and if he is
not less than twenty-one (21) years of age.

(2) Any person who ceases to be a member shall, if


qualified, under sub-section (1) and not otherwise
disqualified, be eligible for re-election as such.

12. A person shall be disqualified for being chosen as, or for General
being, a member of a Municipality, if he is disqualified by or disqualifications.
under any law for the time being in force, for the purpose of
elections to the legislature of the State and others specified
in Schedule IV.

13. (1) Where any voter or local authority makes a Authority to


complaint to the Commissioner that any person who is decide questions
of disqualification
elected as a member has not qualified or has become
of members.
disqualified under section 12, the Commissioner shall on
such complaint or suo-moto shall enquire into such
complaint after giving an opportunity and notice to the
concerned member and pass order on merits of the
complaint received and communicate the same to the
concerned member either disqualifying the member or
otherwise.

(2) In the event the concerned member is aggrieved by


any such order, such member may approach by way of
appeal before the District Court within a period of 30 days
from the date of receipt of the order. The District Court shall
after giving notice to the aggrieved appellant, dispose of the
same within a period of three months. The District Court
shall also have power to condone the delay on filing proper
30 [Act No.11 of 2019]

application and satisfying the sufficient cause. Pending


disposal of the appeal, the member shall continue as such.

Special provision 14. (1) Where a Municipality is constituted for the first time,
in the case of the Government may appoint a Special Officer to exercise
newly-constituted
and reconstituted the powers, perform the functions and discharge the duties
municipalities. of the Council until the elected members assume the office
and elects the Chairperson.

(2) The Special officer shall report to the State Election


Commission for the conduct of elections to the
Municipalities so that the elected members and the
Chairperson come into office on such dates as may be
specified by the Government by an order made in this
behalf:

Provided that the Government may, from time to time,


postpone the date within a period of six months so
specified, if for any reason, the elections cannot be
completed before such date.

(3) The provisions of sub-sections (1) and (2) shall, so


far as may be, apply to all cases of reconstitution of
municipalities, unless otherwise provided in this Act.

Vacancies of 15. (1) Every vacancy either by way of death, resignation or


members. disqualification in the office of an elected member shall be
reported by the Commissioner to the State Election
Commission within fifteen (15) days from the date of
occurrence of such vacancy and shall be filled within four
(4) months from that date.

(2) A member elected in a vacancy shall enter upon


office forthwith, but shall hold office for the remaining
period, in whose place he is elected.
[Act No.11 of 2019] 31

(3) No election shall be held within six months before


the date on which the term of office of its members expires
by efflux of time.

16. (1) Where an election held under section 12 or section Procedure when
15, and no member is elected, the State Election no member is
Commission in consultation with the State Government, may elected.
fix a fresh election date.

(2) The term of office of a member elected under this


section shall expire at the time at which it would have
expired, if he had been elected at the ordinary or casual
election, as the case may be.

17. (1) In every Municipality, Ward Committees shall be Appointment of


constituted for every ward separately representing (i) youth, Committees.
(ii) women,(iii) senior citizens and (iv) other eminent people
from the ward to consider and advise on the issues referred
to them. Each of the committees may consist of 15
members.

(2) The duties, responsibilities and related matters of the


committees shall be such as provided under sections 30
and 31 and as may be prescribed by the Government.

18. No act or order or proceedings of a Municipality or of Acts of the


any person acting as the Chairperson, Vice-Chairperson, or Municipality not to
be invalidated by
member shall be deemed to be invalid by reason only of a
defect in
defect in the constitution of the Municipality or on the constitution and
ground that the Chairperson, Vice-Chairperson or the vacancy.
member was not entitled to hold or continue in such office
by reason of any disqualification or by reason of any
irregularity or illegality in his election, or by reason of such
act having been done during the period of any vacancy in
the office of the Chairperson, Vice-Chairperson or member.
32 [Act No.11 of 2019]

MUNICIPAL AUTHORITIES

Municipal 19. Subject to the provisions of this Act, the municipal


Authorities. authority will be the Council.

Election of 20. (1) In terms of the rules prescribed under this Act, the
Chairperson and elected members referred to in sub-section (2), and ex-
Vice-Chairperson.
officio members referred in clauses (a) (b) (c) of sub-section
(3), of section 5 of this Act, shall elect one of its elected
members to be its Chairperson and another to be its Vice-
Chairperson in the case of Municipality; and to be its Mayor
and another to be its Deputy Mayor in case of Municipal
Corporation at the first meeting of the municipality, after
elections. They will be elected by show of hands on party
whip. If the Chairperson or Mayor and Vice-Chairperson or
Deputy Mayor are not elected in such meeting, the fresh
election shall be held on the consecutive day. The names of
the persons so elected shall be published in the prescribed
manner. Any vacancy in the said offices shall be filled in the
same manner as a casual election, and the persons so
elected in such vacancy shall enter upon office forthwith and
holds office for the remaining period of the person in whose
place he is elected.

(2) A member voting under sub-section (1) in disregard


or disobedience of the party whip shall cease to hold office
and the vacancy caused by such cessation shall be filled as
a casual vacancy.

(3) The Chairperson or Mayor and the Vice-Chairperson


or Deputy Mayor as the case may be, shall assume the
office on his being declared as such, and hold office in
accordance with the provisions of this Act, unless resigned
or removed on any other reason in accordance with the
provisions of the Act.
[Act No.11 of 2019] 33

21. Where a member ceases to hold office for disobedience Resolution of


of the party whip, he may apply to the District Court having disputes relating
to cessation for
jurisdiction over the area in which the Municipality is situated
disobedience of
for a decision. party whip.

22. The Chairperson or Mayor before assuming office shall Oath of the office
take the oath of secrecy in such form and administered by of the
such officer, as may be prescribed. Chairperson or
Mayor.

23. (1) The Chairperson shall be the Presiding Officer of the Duties and
Municipal Council. The Chairperson shall get himself Responsibilities of
acquainted with the provisions of the Act within a period of the Chairperson.
three months on assumption of office and thereupon be
responsible to,-

(a) convene the meeting of the Municipal Council


once in a month and at such other times as requisitioned in
writing by not less than 50% of total members of council;

(b) set the agenda for the council meeting;

(c) refer any resolution of the Council for its


reconsideration which, in his opinion, is in excess of the
powers of the Council or inconsistent with any law.

(2) The Chairperson shall also be responsible to,-

(a) maintain sanitation, water supply and proper


street lights in the town;

(b) ensure door-to-door garbage collection from all


residential and commercial establishments; and scientific
process and disposal of municipal solid waste and liquid
waste;

(c) constitute green cell and earmark 10% of funds in


the budget and take up plantation and cause development
34 [Act No.11 of 2019]

of nurseries and species in the Municipality as decided by


the District level committee headed by the District Collector
and take up plantation in his / her ward and ensure survival
of 85% of such plantations;

(d) development and maintenance of parks and


protection of water bodies;

(e) protection of Government land and open spaces;

(f) take action for closure of annual accounts and


audit of accounts every year;

(g) take action for removal of encroachments on


municipal properties;

(h) take action to reduce non-revenue water and


transmission loss of water and reduce usage of power
bores, wherever not required;

(i) encourage construction of rain water harvesting


structures and compliance with energy savings buildings
including ECBC and cool roofings as prescribed;

(j) exercise the powers and perform the functions


specifically conferred or imposed on him by this Act and
rules made thereunder;

(k) sign the minutes of the council meeting


immediately thereafter within 24 hours; and

(l) exercise any other power and perform any other


function, as directed by Government from time to time.

Municipality wise 24. (1) A District Level Committee headed by the District
“Green Action Collector and consisting of District Forest Officer (Social
Plan”.
Forestry) or equivalent level officer in charge of Haritha
[Act No.11 of 2019] 35

Haaram and respective Commissioners shall draw up ward-


wise and Municipality wise “green action plan” year wise for
a period of 5 years which will clearly specify number of
plants to be planted, keeping in mind the area, topography
and availability of all possible spaces available for taking up
plantations. The committee shall accordingly decide the size
and location for setting up the municipality nursery which
will be sufficient to meet the requirements of the
municipality. The committee shall also decide the district
specific plants and species to ensure maximum survival and
growth of these plants. A campaign to propagate plantation
involving all possible advertising means such as hoardings,
cinema slides and other such means shall be taken up to
keep up the momentum.

(2) The cost of maintaining the nursery and taking up


plantations and their survival shall be met from the “Green
Budget” earmarked in the municipality budget.

(3) The Chairperson or the Mayor and the


Commissioner shall be responsible for setting up the
nursery to take care of the requirements of the municipality.
The nursery should be able to meet the year wise
requirements of the municipality anytime for a period of 5
years and additional capacity to meet the requirements also
by the households to take up plantations within their
individual plot premises. These saplings will be provided
free of cost.

(4) The Commissioner shall designate special officers


for ward(s) so as to cover all the wards who will be
responsible for taking up the plantation and ensuring their
survival in accordance with the municipality wise action
plan.
36 [Act No.11 of 2019]

(5) The ward member shall be responsible for taking up


the plantations in his or her ward as per the ‘municipal
green action plan’ and ensuring their survival.

(6) It shall be the responsibility of the ward member and


the special officer to ensure 85% survival of plants. Likewise,
it shall be the responsibility of the Chairperson or the Mayor
and the Commissioner to ensure proper upkeep and growth
of nursery. The District Collector shall have the power to
form flying squads and take up regular inspections of these
plantations ward wise and the state of Nursery.

(7) In all such cases where the survival is less than 85%
and or there is no or lackadaisical involvement of the ward
member or the special officer resulting in poor survival of
plants, the ward member shall be disqualified and removed
and likewise, the special officer shall be removed from
service by the District Collector for his or her failure to
ensure 85% survival of plantations.

Function of 25. (1) The Chairperson may incur such contingent


Chairperson to expenditure incidental to the municipal administration, as
incur contingent may be prescribed and report such expenditure incurred
expenditure.
along with the reasons therefor to the Municipality at its next
meeting:

Provided no such expenditure shall be incurred in the


absence of the provision under the relevant head of account
in the budget, or where such expenditure was expressly
prohibited by the Municipality.

Emergency 26. No Chairperson shall direct the execution of any work or


powers of the the doing of any act, which requires the sanction of the
Chairperson.
Municipal Council, unless it is done in consultation and with
the approval of District Collector whenever there is such
emergency which is necessary for the service or safety of
the public, and may direct that the expense of such act shall
[Act No.11 of 2019] 37

be paid from the municipal fund and report the action taken
to the Municipality at its next meeting:

Provided that:

(I) he shall not act in contravention of any resolution of


the Municipal Council, prohibiting the execution of any
particular act;

(II) he shall not direct the execution of any work to which


the expenditure exceeds such an amount, as prescribed
under the Rules, from time to time.

27. The Chairperson may, by an order in writing, delegate Delegation and


any of his functions to the Vice-Chairperson, and any of his devolution of
functions of
administrative functions to the Commissioner: Chairperson.

Provided that he shall not delegate any functions, which


the Municipality expressly forbids him to delegate. The
powers delegated shall be subject to the rules prescribed
under the Rules.

28. (1) Out of the total number of offices of Chairpersons in Reservation of the
the State, 50 percent of the seats shall be reserved for office of the
Scheduled Tribes, Scheduled Castes and Backward Chairperson.
Classes, and the reservations for Scheduled Tribes and
Scheduled Castes shall be made in proportion of the
population of Scheduled Castes and Scheduled Tribes to
total population of all the Municipal councils in the State and
to Backward Classes, so that the total reservations shall not
exceed more than 50 percent of the total number of the
offices of the Chairperson.

(2) (a) 50% of the total number of offices of Chairperson


reserved for Scheduled Tribes, Scheduled Castes and
Backward Classes under sub- section (1) shall be reserved
for women belonging to the Scheduled Tribes, Scheduled
38 [Act No.11 of 2019]

Castes, or the Backward Classes respectively, in the manner


prescribed;

(b) 50% of the total number of offices, including the


number of offices reserved for women belonging to the
Scheduled Tribes, Scheduled Castes and Backward
Classes under sub-section (2)(a) shall be reserved for
women in the manner prescribed.

(3) The reservation referred in sub-sections (1), (2)(a)


and (2)(b) shall be made by rotation to different
Municipalities in the manner prescribed and shall remain for
two consecutive terms, commencing from the first ordinary
elections held under this Act.

Reservation of the 29. (1) Out of the total number of offices of Mayors in the
office of the State including the Mayor of Greater Hyderabad Municipal
Mayor. Corporation constituted under Greater Hyderabad Municipal
Act II of 1956. Corporation Act,1955, fifty (50) percent of the seats shall be
reserved for Scheduled Tribes, Scheduled Castes and
Backward Classes, and the reservations for Scheduled
Tribes and Scheduled Castes shall be made in proportion of
the population of Scheduled Castes and Scheduled Tribes
to total population of all the Corporations in the state and to
Backward Classes, so that the total reservations shall not
exceed more than 50 percent of the total number of the
offices of the Mayors.

(2) (a) 50% of the total number of office of Mayors


reserved for Scheduled Tribes, Scheduled Castes, and
Backward Classes under sub-section (1) shall be reserved
for women belonging to the Scheduled Tribes, Scheduled
Castes or the Backward Classes respectively, in the manner
prescribed;

(b) 50% of the total number of offices, including the


number of offices reserved for women belonging to the
[Act No.11 of 2019] 39

Scheduled Tribes, Scheduled Castes and Backward


Classes under sub-section (2)(a) shall be reserved for
women in the manner prescribed.

(3) The reservation referred in sub-sections (1), (2)(a)


and (2)(b) shall be made by rotation to different
Corporations in the manner prescribed and shall remain for
two consecutive terms, commencing from the first ordinary
elections held under this Act.

30. (1) There shall be constituted (4) four Ward Committees Constitution of
for each ward of the Municipality in the manner as Ward
Committees.
prescribed under section 17.

(2) Each Ward Committee shall consist of a maximum of


15 members consisting of residents from the ward and from
among the resident welfare associations, community based
organizations, other such groups and individuals, by
rotation annually and shall be entrusted with taking up
issues pertaining to each of these groups pertaining to that
ward.

(3) These ward committees shall meet once in a quarter


and the salient issues raised by them pertaining to their
ward be placed before the next council meeting.

31. (1) The Ward Committee constituted in a ward, shall Functions of the
take up issues pertaining to each of the groups which the Ward Committee.
particular ward committee represents and among others will
discuss on,-

(a) upkeep and maintenance of sanitation and solid


waste management;

(b) tree plantations, Haritha Haram and survival of at


least 85% plants;
40 [Act No.11 of 2019]

(c) maintenance of water supply;

(d) maintenance of parks, playgrounds, public toilets


and market places;

(e) facilitate collection of taxes, fees and other such


dues to the municipality;

(f) unauthorised constructions and encroachments


and taking it up with the authority to have them demolished;

(g) discourage use of plastics;

(h) encourage art and cultural activities, sports and


games.

(2) The minutes of the meeting shall be drawn and


placed in the next council meeting for discussion and the
Municipal Commissioner shall be responsible for placing the
minutes in the next council meeting.

Postponement of 32. Notwithstanding anything in this Act, or the rules made


casual elections thereunder, it shall be lawful for the Government to
to the office of
postpone, from time to time, by general or special order,
Chairperson, Vice-
Chairperson and and for reasons specified therein, any election to fill a
Members. vacancy to the office of Chairperson or Vice Chairperson or
member of a municipality:

Provided that the total period of such postponement


shall in no case exceed six months.

Cessation of the 33. The Chairperson or Vice Chairperson shall cease to


office of hold office on his becoming disqualified or on his removal or
Chairperson and
on the expiry of his term or on his otherwise ceasing to be
Vice-Chairperson.
Chairperson and Vice-Chairperson; and the Member shall
cease to hold office on the expiry of the term of office as a
member or his otherwise ceasing to be a member.
[Act No.11 of 2019] 41

34. (1) Where the office of the Chairperson falls vacant, the Procedure when
Vice-Chairperson shall perform the functions of the office of
Chairperson is
Chairperson until a new Chairperson is elected and
vacant.
assumes the office. Immediately on the occurrence of such
vacancy, the Commissioner shall notify the vacancy to the
State Election Commission to conduct elections for the
vacancy of the office of the Chairperson.

(2) Where the office of the Chairperson is vacant and


there is vacancy in the office of the Vice-Chairperson, or the
Vice-Chairperson has been continuously absent from the
jurisdiction for more than fifteen (15) days, or is
incapacitated for any reason for more than fifteen (15) days,
the person authorized by the Government or the District
Collector, shall, notwithstanding anything in this Act or in the
rules and notifications issued thereunder, exercise the
powers and perform the functions of the Chairperson until a
new Chairperson or Vice-Chairperson is elected, or the Vice-
Chairperson returns to jurisdiction, or recovers from any
such incapacity.

35. All elections of members, Chairperson, and Vice- Notification of


Chairperson shall be notified, in the prescribed manner. elections.

36. (1) Any member, Chairperson or Vice-Chairperson may Resignation of


resign by submitting his resignation letter in writing to the Member,
Chairperson and
Commissioner and such resignation shall be accepted by
Vice-Chairperson.
the District Collector after making due enquiry from such
member, Chairperson and Vice-Chairperson, and after the
expiry of three days.

(2) Such resignation shall take effect on the expiry of


three working days from the date of such resignation, unless
such a resignation is withdrawn within the said period of
three working days, in writing to the Commissioner:
42 [Act No.11 of 2019]

Provided that if any member, the Chairperson or the


Vice-Chairperson is unable to deliver the letter of resignation
to the Commissioner in person due to ill health or any other
reasons, and delivered through post or through courier
service, then such letter shall have to be attested by a
Gazetted Officer and can be sent through a registered post
and the period of such three days shall commence from the
date of receipt of such a resignation.

Motion of no 37. A motion expressing want of confidence in the


confidence in Chairperson and/or the Vice-Chairperson may be made by
Chairperson and
giving a written notice of intention to move the motion, in
Vice-Chairperson.
such form as specified under the Rules, signed by not less
than one-half of the total number of members of the
Municipality having right to vote, together with a copy of the
proposed motion, to the District Collector concerned, in
accordance with the procedure prescribed under the Rules:

Provided that no notice of motion under this section


shall be made within three (3) years of the date of
assumption of office by the person against whom the
motion is sought to be moved:

Provided further that if the motion is not carried by two-


thirds majority or if the meeting could not be held for want of
a quorum, no notice of any subsequent motion expressing
want of confidence in the same person shall be made until
after the expiration of one year from the date of such first
meeting.

Appointment of 38. (1) There shall be a Commissioner for a Municipality,


Commissioner. appointed by the Government, who shall be the Chief
Executive of the Municipality:

Provided that a person holding the office as the


Commissioner of a Municipality prior to the commencement
[Act No.11 of 2019] 43

of this Act, shall be deemed to have been appointed by the


Government as the Commissioner under this sub-section.

(2) The classification and methods, recruitment,


conditions of service, pay and other allowances and
disciplinary conduct of the officers, under sub-section (1),
shall be subject to the rules made by the Government:

Provided that the conditions of service, pay and other


allowances of a person holding office as the Commissioner,
immediately before the commencement of this Act, shall not
be varied to his disadvantage.

(3) The Government shall, from the Consolidated Fund


of the State, pay the salaries, allowances, leave allowances,
pension and contributions, if any, towards the provident
fund, or provident-cum-pension fund of the officers
appointed under sub-section (1).

39. The Commissioner shall produce all such documents Power to call for
which are in his/her custody for the examination by the records.
Municipal Council as and when they are needed for public
purpose.

40. (1) Every meeting of the Municipal Council shall be Presidency of


presided over by the Chairperson, or in his absence, by the Municipality.
Vice-Chairperson, and in the absence of both the
Chairperson and the Vice-Chairperson, if there is quorum,
one of its members present may be chosen to preside for
the meeting.

(2) The Chairperson shall preserve order and shall


decide all points of order arising at or in connection with the
meetings. There shall be no discussion on any point of
order and the decision of the Chairperson, on any point of
order shall, save as otherwise expressly provided in this Act,
be final.
44 [Act No.11 of 2019]

(3) If the conduct of a member in the meeting of the


Council is not in order in the opinion of the Chairperson, he
may direct such member to withdraw from the meeting of
the Municipal Council for the day. But where a person
ordered to withdraw, continues to remain in the meeting the
Chairperson shall take steps to cause such member
removed.

(4) In the case of grave disorder arising in any meeting,


the Chairperson shall suspend the meeting for a period not
exceeding three days.

(5) Where a member who disregards the authority of the


chair or abuses the procedural rules, bye-laws or
regulations of the Municipality by persistently and willfully
obstructing the business thereof, the Chairperson if deems it
necessary shall put the question that the member by
naming him, be suspended from functioning, after affording
reasonable opportunity of hearing the said member, for a
period not exceeding three consecutive months, reckoned
from the date of that meeting:

Provided that the Municipal Council may, at any time,


resolve that such suspension be terminated. A member
suspended under this sub-section shall forthwith withdraw
from the precincts of the proceedings of the meeting.

Explanation: The Chairperson in this section includes


the Vice-Chairperson, or any member presiding for the
occasion.

Payment of 41. For any Municipality, payment of honorarium and


honorarium and
conveyance allowance to the Chairperson and the Vice-
conveyance
allowance to Chairperson and conveyance allowance to every member
Chairperson and shall be paid out of the Municipal fund, at such rates, as
Vice-Chairperson may be prescribed under the Rules.
and conveyance
allowance to
Members.
[Act No.11 of 2019] 45

42. All ward members, Vice-Chairperson, Chairperson Training for the


elected under this Act shall undergo training initially and on Chairperson and
regular intervals, on department activities and functions of Ward Members.
municipal institutions, on provisions of this Act and the rules
made thereunder, in the manner prescribed.

ORGANIZATIONAL STRUCTURE OF MUNICIPALITY


MUNICIPAL ESTABLISHMENT

43. (1) Notwithstanding anything contained in this Act or Constitution of


any other law in force, the Government as prescribed under Telangana
Common
the Rules may constitute a Common Municipal Service for
Municipal Service.
the State for various cadres of the Officers and employees
other than temporary employees of Municipalities including
Greater Hyderabad Municipal Corporation constituted under
Act II of 1956.
Greater Hyderabad Municipal Corporation Act, 1955, Urban
Development Authorities constituted under Telangana
Act 1 of 1975.
Urban Development Authorities Act, 1975 and Hyderabad
Metropolitan Development Authority constituted under
Hyderabad Metropolitan Development Authority Act, 2008. Act 8 of 2008.

(2) The Government shall have power to make rules to


govern the classification, methods of recruitment,
qualification, conditions of service, pay and allowances,
trainings, discipline and conduct and other service
conditions of the Common Municipal Service.

44. Notwithstanding anything contained in this Act or any Power to transfer


other law for the time being in force, the Government shall of officers and
have the power to transfer any officer or employee of any employees.
Municipality including Greater Hyderabad Municipal
Corporation and any other Urban Development authorities
including Hyderabad Metropolitan Development Authority:

Provided the Government may delegate this power to


any authority in the State, if considered in each such case.
46 [Act No.11 of 2019]

Appointment of 45. Government shall,-


officers and
employees in the
Municipality.
(i) appoint any other officers to assist the Commissioner,
to perform the functions relating to engineering, town
planning, health, taxation, finance, audit, vigilance and any
other functions under the Act, as may be prescribed;

(ii) appoint any category of employees in the


Municipality other than those referred in clause (i) and may
delegate powers to the authorities in the manner prescribed;

(iii) sanction posts considered necessary to run the


administration in the Municipality from time to time, and
while according such sanction, the Government may give
due regard to the necessity and financial soundness of the
Municipality;

(iv) fix cadre strength and staffing pattern in the


Municipalities.

Government 46. (1) If the Government is of the opinion that the services
employees on of particular class of state Government employees are
Lien / Deputation
to Municipality.
required to perform the duties of the Municipality, shall place
the services of such Government employee at the disposal
of the Municipality and the Municipality shall pay the salary
and other benefits as entitled to receive under the normal
foreign service deputation Rules as prescribed.

(2) The Government is the competent authority for


taking disciplinary action or in respect of employees of the
Government on deputation / lien to Municipality under sub-
section (1), and such action, if any, shall be in accordance
with the provisions under the Act.
[Act No.11 of 2019] 47

47. The Government may prescribe general code of Code of Conduct


conduct for the elected representatives and the employees of the elected
representatives
of Municipality for the purpose of smooth functioning of day and the
to day administration. employees of the
Municipality.

48. (1) Subject to the provisions of this Act and the rules Control of District
made thereunder for the time being in force, the Municipal Collector and
Municipal
Commissioner shall specify the duties of the officers and
Commissioner
employees of the municipality and shall exercise over Officers and
supervision, control and shall initiate disciplinary actions other employees
over them in the manner prescribed. and their liability.

(2) Every employee of the Municipality shall be


personally liable for the loss, waste, misapplication of rules
or orders or misappropriation of money or any other
property. If such loss or waste or misapplication or
misappropriation is a direct consequence of the neglect or
misconduct in his/her capacity as employee of the
Municipality, appropriate action for the same may be
instituted against him or her including recovery of loss
sustained by the Municipality.

(3) The District Collector, may suspend Municipal


Commissioner or any other employees if in his/her opinion
the said officer has failed to carry out the duties as entrusted
under sections 52, 53, 54, 55, 57, 58 and 61 of this Act or for
any other form of impropriety or dereliction of duties. In
addition, the District Collector can also initiate disciplinary
action against the said officer/s.

49. The Government may prescribe rules for essential Essential


municipal services under this Act and no officer or employee Municipal
temporary employee including outsourced contract Services.
personnel of the municipality shall,-
48 [Act No.11 of 2019]

(a) absent himself from duty otherwise than on leave


or permission duly granted and not subsequently cancelled;
or

(b) willfully neglect or refuse to perform any of the


duties assigned to him.

Salary and 50. Necessary provisions to this effect shall be carried out
allowances of while preparing annual budget as part of obligatory
officers and
employees. expenditure under section 107.

DUTIES AND RESPONSIBILITIES OF MUNICIPALITY

Vesting of 51. Subject to the provisions of this Act, the administration


municipal of the Municipality shall vest in the Municipal Council for this
administration.
purpose and the Municipal Council shall exercise such
powers and perform such functions, other than those
specifically conferred on the Chairperson or the
Commissioner, as conferred under this Act and the rules
made thereunder.

Duties and 52. The Municipal Commissioner, on behalf of the


Responsibilities of Municipality, shall perform the following functions:-
the Municipality.

(1) Any developmental activities or Urban planning,


including town planning-

(a) preparation and implementation of master plan;

(b) planned development of new areas for human


settlement;

(c) regulation of land use and construction of


buildings;
[Act No.11 of 2019] 49

(d) integration of the development plans and


schemes of the municipal area with the district or urban
development plan or metropolitan development plan, if any;

(e) measures for beautification of the municipal area


such as setting up parks, green spaces, providing
recreational areas, improving river banks and landscaping
and other such measures;

(f) regulation of markets;

(g) survey of lands and buildings;

(h) preparation and maintaining up-to-date data of


appropriate maps and records of lands on Geographical
Information System platform.

(2) regulation of land use and construction of buildings-

(a) ensuring construction and development in


accordance with the plan and land use pattern;

(b) regulation of unauthorized buildings.

(3) Construction and maintenance of roads, drains and


bridges-

(a) improve or repair the same ensuring public safety


or convenience;

(b) divert or close public roads;

(c) widen or expand roads ensuring traffic flow


pattern.

(4) Water supply for domestic, industrial and


commercial purposes:
50 [Act No.11 of 2019]

Provided that individual tap connections, reduce non-


revenue water, undertake water audit, and maintain GIS-
based water network and asset data base.

All staff working in the municipality in the engineering


wing whether borne in the cadre of municipality or on
deputation from other departments shall directly report to
the Commissioner and work under his or her direct
superintendence.

(5) Public health, sanitation, conservancy and solid


waste management-

(a) construction of individual household toilets, public


toilets, community toilets and SHE toilets to make
municipalities open defecation-free;

(b) sewerage and sewage treatment;

(c) faecal sludge and septage management;

(d) waste water treatment and recycling;

(e) prevention and control of infectious and


communicable diseases;

(f) public vaccination;

(g) construction, maintenance and regulation of


municipal markets and slaughterhouses;

(h) reclamation of unhealthy localities, removal of


noxious vegetation and abatement of all nuisances;

(i) maintenance of all public tanks and regulating the


excavation, repair and up-keep of all private tanks, wells and
[Act No.11 of 2019] 51

other sources of water-supply on such terms and


conditions, as the municipality may deem proper;

(j) door-to-door garbage collection, promote


segregation of waste at source, regular sweeping and
cleaning of the streets and removal of sweepings therefrom,
safe transportation of waste, scientific treatment and
disposal with emphasis on recycling and upcycling, as per
the rules prescribed from time to time;

(k) minimising usage of plastic and safe and scientific


management of plastic waste and its disposal;

(l) safe management of construction and demolition


waste;

(m) regulate management of bio-medical waste and


e-waste, as per the rules prescribed by the Government of
India or State Government;

(n) promotion of measures for abatement of all forms


of pollution, including air pollution;

(o) removal and disposal of excrement and other


filthy matter, and of all ashes, refuse and rubbish;

(p) controlling unauthorized and illegal hoardings and


other advertisements and take action against the
concerned.

(6) Urban forestry and urban lung spaces, protection of


environment and promotion of ecological aspects-

(a) construction and maintenance of parks, open


spaces, gardens, and playgrounds;
52 [Act No.11 of 2019]

(b) protection of environment including planting of


trees in wards, open spaces, on road sides;

(c) reclamation of waste lands, promotion of social


forestry and maintenance of open spaces;

(d) lake and water body protection and development;

(e) establishment and maintenance of nurseries and


promotion of greenery.

(7) Slum improvement and up-gradation-

(a) improvement of notified and identified slums; and

(b) de-notification of developed slums.

(8) Night shelter for urban homeless.

(9) Provision of urban amenities and facilities such as


community halls, sports complexes and bus shelters.

(10) Promotion of cultural, educational and aesthetic


aspects

Promotion of cultural activities, including music,


physical education, sports and theatres, and infrastructure
therefor.

(11) Development of burial grounds, Vaikunta Dhamams


and electric crematoriums and to arrange “vaikuntaratham”
or a vehicle for transportation of the deceased to perform
the final rites.

(12) Vital statistics including registration of births and


deaths.
[Act No.11 of 2019] 53

(13) Public amenities, including street lighting, parking


spaces, bus stops and public conveniences-

(a) conversion of conventional street lights into


energy-efficient lighting mode;

(b) development of road junctions, medians and


parking spaces;

(c) establishment and maintenance of destitute


homes, night shelters and shelters for exigencies;

(d) community welfare activities, campaigns for


dissemination of information vital for public welfare;

(e) perform functions relating to public transport


including encouraging environment friendly vehicles.

(14) Regulation and scientific management of


slaughterhouses and tanneries.

(15) Use of Information Technology in service delivery


and citizen centric services.

(16) Census-related functions.

(17) Perform any other function or responsibility as


entrusted by the State Government from time to time.

53. (1) The Commissioner shall be the Chief Executive of Duties and
the Municipality and shall perform the functions as Responsibilities of
the Municipal
prescribed under section 52 of this Act and as entrusted by
Commissioner.
the State Government from time to time.

(2) The Commissioner shall be responsible for carrying


out the instructions given by the Government from time to
time, in relation to the provisions of this Act.
54 [Act No.11 of 2019]

(3) The Commissioner may incur, in each case,


contingent expenditure incidental to the administration of
the Municipality as prescribed.

(4) The commissioner shall ensure that the municipality


is kept clean from illegal and unauthorized hoardings and
other such advertisement material which is put up without
the proper authorization from the authority. Action shall be
initiated against those putting up such unauthorized
advertisement materials and also against the concerned
municipal staff for their failure to prevent. These not only
add to lack of general upkeep and sanitation but more
importantly, are dangerous from human safety point of view
in view of unscientific erection and instability.

(5) The Commissioner shall work under the overall


control and superintendence of District Collector.

Responsibilities of 54. The functions referred to in section 53 shall be


various performed by the Municipal Commissioner through various
Functionaries of
employees of the Municipality. More specifically, all the
the Municipalities.
engineering staff working in the municipality including those
on deputation or from other departments shall work under
the direct superintendence and control of the
Commissioner. The Commissioner will be the disciplinary
authority to initiate action against any of such engineering
staff found neglecting his duties or for his failure to perform
the duties as entrusted and in the manner prescribed.

Authority to 55. The Commissioner shall be the authority to conclude


contract. and proceed with all contracts which have already been
approved either by the Municipal Council or the
Government, as the case may be subject to the rules made
under this Act. The methodology of procurement of goods
and services shall be standardized and will be based on a
transparent process of procurement.
[Act No.11 of 2019] 55

56. (1) Every ward member shall,- Duties and


Responsibilities of
(a) ensure proper sanitation, water supply, and street Ward Member
(Councilor or
lights in his or her respective ward; Corporator).

(b) ensure door-to-door garbage collection from all


residential and commercial establishments and ensure in
situ composting for wet waste and processing of dry waste
at ward level;

(c) take up plantation in the ward in accordance with


the District Action plan and ensure their survival to at least
85%;

(d) reduce non-revenue water, transmission loss of


water, and reduce usage of power bores, wherever not
required;

(e) safeguard and protect all the water sources, lakes


or any other water bodies;

(f) perform all functions specifically conferred by this


Act, or may be assigned by the Government from time to
time; and

(g) undergo training on developmental activities in


the administration of the Municipality.

(2) Any ward member, either suo-moto or representing


any Ward Committee or on such other information, may call
the attention of the Chairperson to any grievance or neglect
or wastage of municipal property or to the needs of any
locality or for any such other purposes any neglect in the
execution of municipal work, or to the wants of any locality,
and may suggest any improvements, which may appear
desirable.
56 [Act No.11 of 2019]

(3) Every ward member shall have the right to move


resolution on any matter enumerated in sub-section (1) and
sub-section (2) or any matter connected to the
administration of the Municipality, subject to such rules, as
may be prescribed under this Act.

(4) Any matter or subject as may be raised or submitted


by any member for the purpose of consideration by the
Municipal Council shall be considered and appropriate
resolutions may be passed accordingly in due
implementation of the suggestions forthcoming.

Transformation 57. The municipality shall strive to transform the town into a
into Model Town. model town by preparing a perspective plan. The services
required shall be performed by the Municipal Authorities
and shall be delivered through online services.

E- Governance 58. (1) The Municipalities shall adopt e-governance system


and Online for citizen services on anytime anywhere basis for better,
Services.
speedy, accountable and transparent administration.

(2) Municipal services may be delivered online for the


convenience of citizens in a time bound manner as per the
Citizens Charter prescribed under Schedule-III, if timeline is
not adhered to, penalty as prescribed shall be recovered
from the person responsible for the delay.

(3) Every municipality shall establish one or more


Citizen Services Centre for the purpose of providing online
services, and also for facilitating redressal of Citizen
grievances.

CONDUCT OF BUSINESS

Rules and 59. (1) The Municipal Council shall make regulations
regulations for
consistent with the provisions of this Act and as per the rules
proceedings of
the Municipal made thereunder.
Council.
[Act No.11 of 2019] 57

(2) All decisions and resolutions of the Municipal


Council shall be by simple majority of the members present
and voting, subject to the availability of quorum.

(3) No other member other than the elected members


including ex-officio and co-opted members, and officials or
special invitees as required by the presiding officer shall
participate in the meeting.

(4) The minutes of the proceedings shall be recorded by


the Municipal Commissioner or officer authorized by the
Municipal Commissioner for the purpose.

(5) The minutes of the council Meeting shall be drawn


by the Municipal Commissioner or the officer authorised by
him and shall be signed by the Chairperson or the mayor or
any other Presiding Officer who chaired the council meeting
soon after the meeting and not beyond one day. If Presiding
Officer fails to sign, the Municipal Commissioner shall
approve and sign the minutes within the next day. The
minutes of such proceedings shall be placed before the
Municipal Council for perusal in the next meeting. A copy of
the same shall be sent to the district collector and to the
authorities as prescribed by the Government. The Municipal
Commissioner shall be responsible for any deviation or
delay.

60. (1) No member shall vote or take part in discussion on Member when to
any question in which he has personal or pecuniary interest abstain from
of his own either directly or indirectly. taking part in
discussion and
voting.
(2) The Chairperson may prohibit any member either
from voting or taking part in the discussion of the council, if
he has a reason to believe that the member has such
interest, after recording reasons therefor. If the aggrieved
member challenges the decision of the Chairperson, the
58 [Act No.11 of 2019]

presiding officer shall place the question before the Council,


whose decision shall be final and binding on such member.

(3) Where a member present at the meeting believes


that the Chairperson has a personal or pecuniary interest in
any matter under discussion, and if a motion to that effect
be carried, the Chairperson shall abstain himself from the
meeting during discussion.

(4) The member concerned shall not be entitled to vote


on the question referred to in sub-section (2) and the
Chairperson shall not be entitled to vote on the motion
referred to in sub-section (3).

DIRECTION AND CONTROL

Municipality to 61. Every Municipality shall submit to the Government, a


submit annual report on the administration of the municipality during the
administration
report.
preceding year and the annual action plan for the ensuing
year not later than one month from the start of each financial
year, in such form and in such manner as may be
prescribed.

Power of the 62. (1) The Government by notification, make over the
Government to management and superintendence of any charitable
transfer control of
Endowments and
endowment, or any other properties vested with the
Inams to Government, under the relevant laws, in respect of which
Municipality. powers and duties are attached to the Government, may be
vested in the Municipality with its consent. All powers and
duties, which are attached to the Government, in respect
thereof, shall be attached to the Municipality, as if it had
been specially named in the Telangana Escheats and Bona
Act 35 of 1974. Vacantia Act, 1974 and the Municipality shall manage and
superintendent such endowment or other properties.

(2) The Government may, by notification, resume the


management and superintendence of any endowment or
[Act No.11 of 2019] 59

other properties made over to a Municipality under sub-


section (1), and upon such resumption, all the powers and
duties, attaching to the Municipality under sub-section (1)
shall cease.

(3) The Government may assign to a Municipality, with


its consent, a charitable Inam, resumed by the Government
or any authority, provided that the net income from such
Inam can be applied exclusively to any purpose to which the
funds of such Municipality may be applied and may revoke
any assignment so made.

(4) No order of resumption under sub-section (2) or of


revocation under sub-section (3), shall be passed unless the
Municipality has an opportunity of making its representation.

63. The Municipality may accept any donation, endowment Acceptance of


or trust for the furtherance of any purpose for which the donation,
endowment or
municipal fund is constituted.
trust by the
Municipality.

64. The Government may, subject to such conditions, as it Subjects not


may deem fit to impose, transfer to the Municipality, the provided for by
management of any institution or the execution of any work this Act.
not provided for by this Act:

Provided that the funds required for such management


or execution, shall be placed at the disposal of the
Municipality by the Government.

65. (1) The Government may, either suo-moto or on Government’s


representation by any member, the Chairperson or the Vice- power to cancel
or suspend
Chairperson, the District Collector and the Commissioner,
resolutions of the
by order, in writing,- Municipality.

(a) cancel any resolution passed, order issued, or


license or permission granted; or
60 [Act No.11 of 2019]

(b) prohibit the doing of any act, which is about to be


done, or is being done, in pursuance or under the colour of
this Act, if, in their opinion,-

(i) such resolution, order, license, permission or act


has been passed, issued, granted or authorized is not in
accordance with law; or

(ii) such resolution, order, license, permission or act


is in excess of the powers conferred by this Act or any other
enactment; or

(iii) the above acts mentioned in sub-clauses (i) and


(ii) the continuance in force of such act or permissions is
likely to cause financial loss to the Municipality, danger to
life, health or safety to human life or is likely to lead to a riot
or disturb public peace and tranquility or is against public
interest:

Provided that the Government before taking action


under this section on the grounds referred to in clauses (a)
and (b), shall give the authority or person concerned an
opportunity for explanation:

Provided further that nothing in this sub-section


shall enable the Government to set aside any election that
has been held.

(2) Where in the opinion of the District Collector, an


immediate action is necessary on the grounds referred to
sub-clause (iii) of clause (b) of sub-section (1), he or she
may suspend the resolution, order, license, permission or
act for such period as he thinks fit, pending the exercise of
their power under sub-section (1).
[Act No.11 of 2019] 61

66. (1) The Government or the District Collector, may, either Government or
suo-motu or on a representation of Chairperson or Vice- the District
Collector’s power
Chairperson or Member or Commissioner or employee of a
to suspend
Municipality, by notification, suspend any Chairperson or Chairperson or
Vice-Chairperson or Member who, in their opinion, willfully Vice-Chairperson
misbehaved or manhandled any other Member or officer or or Member.
employee of the municipality, or destroyed the property of
the municipality, or used unparliamentary language or
abused his position in the course of meetings of the
Municipality, or during the discharge of any duty vesting
upon the Chairperson or Vice-Chairperson or Member or
officer or employee, so as to lead to a situation in which the
municipal administration cannot be carried on in
accordance with the provisions of this Act, or the financial
stability of the municipality is threatened, for a period not
exceeding six months, pending investigation into the said
charges and action thereon under the foregoing provisions
of this section.

(2) The Government or the District Collector shall,


before taking action under sub-section (1), give the
Chairperson or the Vice-Chairperson or the Member
concerned an opportunity for explanation, and the
notification issued under the said sub-section shall contain a
statement of the reasons for the action taken by the
Government or the District Collector:

Provided that the Chairperson or the Vice-Chairperson


or member aggrieved by the order of suspension passed
under sub-section (1) within 30 days from the date of receipt
of order or as the case may be the intimation, prefer an
appeal to the Municipal Tribunal:

Provided further that a person suspended under this


section shall not be entitled to exercise the powers and
perform the functions attached to his office and shall not be
entitled to attend the meetings of the Municipality, except a
62 [Act No.11 of 2019]

meeting held for the consideration of a no-confidence


motion against the Chairperson or Vice-Chairperson.

(3) When the Office of Chairperson is vacant, the Vice-


Chairperson shall exercise the powers and perform the
functions of the Chairperson, until the Chairperson resumes
duty, or a Chairperson is elected and assumes office. When
the Office of Vice-Chairperson is also vacant, any elected
member of the council shall be chosen as the Chairperson
by other members for the period of such vacancy and he
shall exercise the powers of Chairperson until the duly
elected Chairperson or Vice-Chairperson resumes office.

Government’s 67. (1) The Government may, by notification and in the


power to remove manner prescribed, remove any Chairperson or Vice-
Chairperson or
Vice-Chairperson Chairperson who, in the opinion of the Government,-
or Ward
Members. (a) willfully omits or refuses to carry out or disobeys
the provisions of this Act, or any rules, bye-laws, regulations
or lawful orders issued thereunder, or abuses his position or
the powers vested in him;

(b) failed in performing the functions or discharging


the duties;

(c) omitted or refused to carry out the orders of


Government or any authority, designated by the
Government for the proper working of the municipality in
accordance with the provisions of this Act;

(d) is guilty of misconduct in the discharge of his


duties;

(e) is guilty of embezzlement of municipal fund;

(f) persistently defaulted in the performance of his


functions and duties entrusted to him under the Act to the
[Act No.11 of 2019] 63

detriment of the functioning of the municipality, or has


become incapable of such performance;

(g) fails to carry out the functions as required under


sections 23, 24 and 57 of this Act.

(2) The Government may, by notification and in the


manner prescribed, remove any ward member, if he or she
fails to carryout the functions as required under sections 24,
56 and 57 of the Act.

(3) The Government shall, when they propose to


remove the Chairperson or the Vice-Chairperson under sub-
section (1) and the ward member under sub-section (2),
give the Chairperson or Vice-Chairperson or ward member
concerned, an opportunity for explanation, and the
notification issued under the said sub-section shall contain a
statement of the reasons of the Government for the action
taken.

(4) Any person removed under sub-sections (1) and (2)


from the office of Chairperson, or Vice-Chairperson or ward
member shall not be eligible for election as a member for a
period of six years from the date of the removal.

(5) The resultant vacancy shall be filled in as per the


provisions.

68. (1) If, in the opinion of the Government, the Municipality Government’s
is not competent to perform, or persistently makes default in power to dissolve
performing the duties imposed on it by or under this Act, or the Municipality.
any other law for the time being in force, or exceeds or
abuses its position or powers, or a situation exists in which
the municipal administration cannot be carried on in
accordance with the provisions of this Act, or the financial
stability or credit of the Municipality is threatened, the
Government may, by notification, direct that the Municipality
64 [Act No.11 of 2019]

be dissolved, with effect from a specified date, and


reconstituted either immediately or with effect from another
specified date, not later than six months from the date of
dissolution; and the notification shall be laid before both
Houses of the State Legislature.

(2) For purposes of reconstitution of dissolved


Municipality under this section, the seats of all the elected
members shall be deemed to be vacant. Before publishing a
notification under sub-section (1), the Government shall
communicate to the Municipality concerned, the grounds on
which they propose to do so, fix a reasonable period for the
Municipality to show cause against the proposal and
consider its explanations or objections, if any, and the
Chairperson, of the municipality concerned, shall also be
given a reasonable opportunity of being heard.

(3) On the date fixed for the dissolution of the


Municipality under sub-section (1), all its members, ex-
officio members and co-opted members along with
Chairperson, and Vice-Chairperson, shall forthwith be
deemed to have vacated their offices as such.

(4) During the interval between the dissolution and the


reconstitution of the Municipality, all or any of the powers
and functions of the Municipality, its Chairperson, and of the
Committees referred in this Act, may be exercised and
performed, as far as may be, and to such extent as the
Government may determine, by such person as the
Government may appoint in that behalf as special officer, to
exercise and perform any powers and duties under this Act.

(5) The members, ex-officio members and co-opted


members of the reconstituted Municipality, shall enter upon
their office on the date fixed for its reconstitution and the
term of office of the elected members, ex-officio members
and co-opted members shall continue only for the
[Act No.11 of 2019] 65

remainder of the period for which the dissolved municipality


would have continued, had it not been dissolved.

(6) The Government may reconstitute the Municipality


before expiry of the period notified under sub-section (1) or
sub-section (2):

Provided that where the remainder of the period, for


which the dissolved municipality would have continued, is
less than six months, it shall not be necessary to hold any
elections under this clause for constituting the municipality
for such period.

(7) When the Municipality is dissolved under this


section, the Government, until the date of the reconstitution
thereof, and the reconstituted Municipality, thereafter, shall
be entitled to all the assets and be subject to all the liabilities
of the Municipality, as on the date of the dissolution and on
the date of the reconstitution respectively.

69. (1) Notwithstanding anything contained in this Act, it Government’s or


shall be competent for the Government and District the District
Collector or any authority designated by the Government, to Collector’s power
to give directions.
enforce implementation of the provisions of the Act and
execution of resolutions, to issue such directions, as the
government may consider necessary, to the Chairperson for
the proper working of the municipality, or for the
implementation of the resolutions thereof.

(2) The Chairperson shall implement the directions


issued under sub-section (1) and shall not do anything in
derogation to the aforesaid directions. The Chairperson,
who contravenes the provisions of this section, shall be
deemed to have omitted or refused to carry out the
directions of the Government, Collector or any authority,
designated by the Government, for the proper working of
66 [Act No.11 of 2019]

the municipality, and shall be liable for action under section


68 of this Act.

Appointment of 70. (1) Notwithstanding anything contained in this Act,


Special Officer. where, in the opinion of the Government, it is not possible to
hold elections to the municipalities, in accordance with the
provisions of this Act, before the date of expiration of the
term, and to bring the newly-elected members into office on
the date of expiration of the term, as aforesaid, the
Government may, by notification, appoint a Special Officer
to exercise the powers, perform the duties, and discharge
the functions of,-

(a) the Municipal Council and

(b) the Chairperson

under the Act:

Provided that the Government may, from time to time,


by notification in the Telangana Gazette and for reasons
specified therein, extend the said period of appointment of
Special Officer until the newly elected Municipality assume
office.

(2) The Government shall cause elections to be held to


the Municipality, so that the newly-elected members may
come into office on such date, as may be specified by the
Government in this behalf, by a notification, in the
Telangana Gazette.

(3) The Special Officer shall exercise the powers,


perform the functions and discharge the duties of the
Municipal Council until the elected members come into
office, of the Chairperson, until a Chairperson is elected.
[Act No.11 of 2019] 67

71. The Government or the District Collector, at any time,-The Government


or the District
(i) may enter on and inspect, or cause to be entered on Collector’s power
to call for records
and inspected, any immovable property or any work-in- etc.
progress under the control of any municipal authority in his
District;

(ii) require the Chairperson or Commissioner,-

(a) to produce any extract from any proceedings,


record, correspondence, plan or other document of the
Council, or any Committee, constituted under this Act;

(b) to furnish any return, plan, estimate, statement of


account, or statistics;

(c) to furnish or obtain any report; and

(d) the Chairperson or the Commissioner, as the case


may be, shall furnish the same without unreasonable delay.

72. (1) The Government may appoint such officers, as may Government’s
be required, for the purpose of inspecting or superintending power to appoint
officers to
the operations of the Municipalities constituted under this
supervise
Act. Municipalities.

(2) (a) The Government may appoint such officers, as


they may consider necessary, to assist them for the purpose
of inspecting or superintending the operations of all or any
of the municipalities constituted under this Act;

(b) In particular, and without prejudice to the


generality of the foregoing provisions, the Government may
appoint Regional Directors of Municipal Administration and
define the territorial jurisdiction of each such officer, for the
above purpose, in the manner prescribed.
68 [Act No.11 of 2019]

(3) The cost of the officers and the members of the


establishment, aforesaid, shall be paid from the
Consolidated Fund of the State.

(4) The Regional Directors of Municipal Administration


shall exercise such powers and perform such functions, as
may be prescribed by the Government or as may be
delegated to them, under this Act.

(5) The officers appointed under sub-section (1) and


clauses (a) and (b) of sub-section (2) or any other officer or
person, whom the Government may empower in this behalf,
may enter on and inspect or cause to be entered on and
inspected, any premises and execution of any work as may
be prescribed,-

(a) any immovable property or any work-in-progress


under the control of any municipality;

(b) any school, hospital, dispensary, vaccination


station, choultry or other institution maintained by, or under
the control of, any municipality, and any records, registers
or other documents kept in such institution;

(c) the office of any municipality and any records,


registers or other documents kept therein.

(6) The municipality, and its officers and employees,


shall be bound to afford to the officers and persons
aforesaid, such access, at all reasonable times, to municipal
property or premises, and all documents as may, in the
opinion of such officers or persons, subject to such rules as
prescribed, are necessary to enable them to discharge their
duties under this section.

(7) The officers and persons aforesaid shall, on their visit


to the municipality, sign and record any remark deemed
[Act No.11 of 2019] 69

necessary on a register maintained for such officers in the


prescribed proforma. He shall submit the inspection report
with due findings and endorsement to the next higher
officer. In case the higher authority, at a later date, finds any
omission or irregularity committed by a municipality but not
reported by the inspecting officer, the inspecting officer shall
be liable for disciplinary action.

(8) The officers appointed under this section shall


inspect all Municipalities in their jurisdiction at least once in
three months.

(9) The inspection shall be conducted in accordance


with the format, as may be prescribed,-

(a) covering all the responsibilities;

(b) quantifying the functions; and

(c) evolving the benchmarks for every function, as


provided under the Act, in respect of the municipality.

(10) The annual inspection programme of an authority


shall be approved by the next higher authority at the
beginning of every financial year.

(11) The inspecting officers shall prepare a monthly


advance tour programme and obtain the approval of the
next higher authority.

(12) The inspecting officers shall also submit tour diaries


to the next higher authorities, which shall be reviewed
regularly and approved.

(13) The inspecting officers shall send inspection report


to the municipality and submit a copy of the same to the
next higher authority within one week of completion of
70 [Act No.11 of 2019]

inspection and seek a report from the Commissioner, who is


bound to submit such report within a fortnight.

(14) On receipt of a report from the Commissioner, the


same shall be submitted to the higher authority.

(15) The higher authority shall, in turn, submit a report to


the Government, on the lapses pointed out by the
inspecting officer and the report of the Commissioner. The
Government shall take action on the lapses reported, if any,
where the explanation is not satisfactory.

(16) Inspecting officers shall also make surprise


inspections in addition to the programmed ones.

(17) Organising capacity building programmes to the


municipal functionaries and elected representatives.

(18) The District Collector shall supervise and monitor


the functioning of the municipalities and take all necessary
actions as deemed appropriate for its smooth functioning.

Government or 73. If the Government or District Collector is of the opinion


the District that,-
Collector Power to
Require the
Performance of (a) any duty or responsibility imposed on any municipal
Duties and authority, by or under this Act, has not been performed,
Responsibilities.
(b) adequate financial provision has not been made for
the performance of any such duty the Government or the
District Collector, may, by order, direct the municipal
authority, within a period to be specified in the order, to
make arrangements for the proper performance of the duty,
or to make financial provision for performance of the duty,
as the case may be:
[Act No.11 of 2019] 71

Provided that unless, in the opinion of the Government


or the District Collector, the immediate execution of such
order is necessary, the Government or the District Collector
shall, before making an order, under this section, give the
municipal authority, an opportunity of showing cause as to
why such order shall not be made.

74. (1) The Government or District Collector may, from time Government’s or
to time, give such directions, not inconsistent with the the District
provisions of the Act or the rules made thereunder, to the Collector’s power
to take action in
municipalities, as it may consider necessary for carrying out certain cases.
the purposes of this Act.

(2) If, at any time, it appears to the Government or


District Collector that the Municipal Council, the Chairperson
or the Vice-Chairperson, or the members or the Committees
has made any default in performing any duty imposed by or
under this Act or any other law for the time being in force,
the Government may, by order in writing, fix a period for the
performance of such duty.

(3) The Commissioner shall, so far as the funds to the


credit of the municipality permit, be bound to comply with
such order.

75. (1) The Government may, with the consent of the Government’s
Municipality, undertake, on its behalf, the construction of powers to
undertake work
water supply, drainage or other works, appoint persons to for Municipality.
carry out construction of such works and direct that the
expenses, including the pay of such persons, be paid from
the municipal fund and thereafter, the provisions of sub-
sections (3) and (4) of section 78 shall apply.

(2) The Government may, after consultation with the


Municipality, constitute Planning Committee for any
municipality, consisting of such members as may be
appointed by them, for the purpose of preparing plans in
72 [Act No.11 of 2019]

respect of such developmental works, as may be approved


by the Government and the Municipality for execution within
the municipality; and the Municipality shall undertake all
such works. The expenses incurred towards the Planning
Committees, the preparation of plans and the execution of
developmental works under this section shall be paid from
the municipal fund.

District Collector’s 76. (1) If it appears to the District Collector that the
power to enforce Chairperson or the Commissioner has made default in
implementation of
the provisions of
carrying out any resolution of the Municipality, the Collector
the Act and shall, after giving the Chairperson or the Commissioner, as
execution of the case may be, a reasonable opportunity of explanation,
resolutions. send a report on such resolution, together with the
explanation, if any received, to the Government and, at the
same time, forward a copy of the same to the Municipality.

(2) The Government shall, on receipt of the report of the


Collector under sub-section (1), consider the same and, if
necessary, take action under sub-section (1) of section 65.

Power of 77. (1) The Government or the District Collector may enter
Government or on and inspect, or cause to be entered on and inspected,
the District
Collector for the
any immovable property or any work-in-progress under the
purposes of control of any municipal authority in his District.
control.
(2) The Government or the District Collector may direct
any Municipality, the Chairperson or the Commissioner
within the jurisdiction of the District Collector,-

(a) to furnish any document in their possession, or


under their control;

(b) to furnish any return, plan, estimate, statement,


account or statistics;
[Act No.11 of 2019] 73

(c) to furnish any information or report on any


municipal matter;

(d) to record, in writing, any observations they, or he


may think proper in regard to its, or his, proceedings or
duties.

(3) The District Collector shall inspect one municipality a


week to have a first-hand experience of its functioning,
inspect ongoing works, review the performance of
municipality and interact with citizens and undertake
necessary action as deemed appropriate.

(4) The District Collector shall convene a monthly review


meeting of all Municipalities and Municipal Corporations in
the District with Municipal Commissioners and other Officers
as deemed necessary.

78. (1) The District Collector may, in cases of emergency, Emergency


direct or provide for the execution of any work or the doing powers of the
of any act, which the Municipality is empowered to execute District Collector.
or do, and the immediate execution or the doing of which is,
in his opinion, necessary for the safety of the public and
may direct that the expenses incurred for executing such
work or doing such act, as the emergency may require, shall
be paid from the municipal fund.

(2) If the expenses are not so paid, the District Collector


may make an order, directing the Commissioner having the
custody of the municipal fund, to pay them in priority to any
other charge against the fund.

(3) The Commissioner shall, so far as the funds to the


credit of the Municipality admit, be bound to comply with
such order.
74 [Act No.11 of 2019]

(4) Every case in which the powers conferred by this


section are exercised shall be forthwith reported to the
Government by the District Collector, with the reasons in full,
for the exercise of such powers; and a copy of the letter,
shall, at the same time, be sent to the Municipality for
information.

Responsibilities of 79. When the District Collector or a person appointed by the


officers acting for, Government lawfully takes action on behalf, or in default, of
or in default of,
the Municipality
the Municipality or the Commissioner under this Act, he /
and liability of she shall have all such powers as are necessary for the
municipal fund. purpose, and shall be entitled to the same protection under
this Act as the municipal authority whose powers he / she is
exercising, and compensation shall be recoverable from the
municipal fund by any person suffering damage from the
exercise of such power to the same extent as if the action
has been taken by such municipal authority.

Power of the 80. If in the opinion of the District Collector, immediate


District Collector action is necessary on any of the grounds referred to in
to suspend a section 65(1)(b), he may, in accordance with section 65(2),
resolution, order,
etc. suspend the resolution, order, license, permission or act, as
the case may be, and report to the Government, who may,
thereupon, either rescind the Collector’s order or, after
giving the authority or person concerned a reasonable
opportunity of explanation, ratify the same, with or without
modification permanently, or for such period as they think
fit.

Establishment of 81. The Government shall establish State Institute of Urban


State Institute of Excellence as an autonomous institution of Excellence
Urban Excellence.
specializing to take up training for elected representatives
and municipal employees on regular basis. It will be the hub
of urban excellence, specializing in the broad domains of
urban development, management, governance, finance,
poverty and policy. It shall aim at quality research,
undertake training, consultancy services and policy reforms
[Act No.11 of 2019] 75

on urban sector issues. The manner of establishment and


maintenance of the Center shall be such as may be decided
by the Government.

CHAPTER III
MUNICIPAL REVENUE

82. (1) Subject to the directions from the Government, the Sources, power to
Municipality shall collect Revenues under this Act, or other levy and collect
Taxes and user
sources or authorized by any law.
charges.

(2) The sources of Revenue shall be,-

(a) taxes or Cess or fees levied by the Municipality -


Property Tax on land and buildings, any surcharge on
mutation proceedings or for any other purpose;

(b) levy of user charges for civic services,–

(i) provision for water supply, drainage, sewerage,


solid Waste Management etc.,

(ii) parking of different types of vehicles in different


areas and for different periods; and

(iii) any other specific service rendered in


pursuance of the provisions of this Act, at such rates as may
be prescribed by the rules.

(c) levy of any cost or expenditure towards


reimbursement for the purpose of demolition of
unauthorized or dangerous structures or any such other
activity or purpose.

83. In exercise of the regulatory powers vested in Power to levy and


Municipality under this Act or the rules or the regulations collect fees and
made thereunder, the Municipality under the directions of fines.
76 [Act No.11 of 2019]

Government shall have the power to levy and collect the


fees, cess and fines.

(1) Sanction of building plans and issue of occupancy


certificates.

(2) Issue of municipal licenses for various non-


residential uses of lands and buildings.

(3) Licensing of –

(a) Various categories of professionals such as


plumbers and surveyors;

(b) Various activities such as sinking of tube-wells,


sale of meat, fish or poultry, slaughter house or hawking of
articles;

(c) Such other activities as require a license or


permission under the provisions of this Act; and

(4) Issue of birth and death certificates.

Power to levy 84. The Municipality may levy development charges on any
development layouts, residential buildings or non-residential buildings as
charges.
may be determined, from time to time, and subject to rules
made under this Act.

Assessment and 85. (1) Assessment and Collection of Taxes or fees or user
Collection of charges shall be in accordance with the provisions of this
Taxes or fees or
user charges.
Act and subject to the rules made thereunder.

(2) The Municipality shall provide online services for


items mentioned under section 82 and section 83 and shall
also provide electronic or any other machines, which will
enable to auto update of payments in online applications
[Act No.11 of 2019] 77

and also accounting application for the purpose of


collection.

(3) On the constitution of a new Municipality or on


merging of new areas in a Municipality, the levy of tax, shall
come into effect from the date specified in the relevant
notification.

86. The Municipality may, if so authorized by any other law Levy of Tax or fee
for the time being in force, levy and collect any tax, fee, cess under any law.
or user charge, imposed under that law, or any dues
payable under that law, in accordance with the provisions
thereof, under specific directions from the Government.

87. The Municipality is empowered to recover any arrears Recovery of


due towards any amount towards Municipal Revenue by arrears of
following the procedure as contemplated for the recovery of Municipal
Revenue.
land revenue under the provisions of the Telangana Act No.II of 1864.
Revenue Recovery Act, 1864.

88. Subject to the provisions of this Act, assessment of By whom Taxes


property tax shall be payable by the owner, or by the payable.
occupier of the building. The occupier from whom tax is
collected on behalf of the owner shall be entitled to be
reimbursed or deduct such amount from the rent from time
to time becoming due from him to such person.

89. (1) When the Municipality determines to levy any tax for Notification of new
the first time or revising at a new rate, in accordance with taxes.
the provisions of this Act, or rules and regulations made
thereunder, the Commissioner shall forthwith publish in the
prescribed manner the rate at which, the date from which
and the period of levy, if any, for which such tax shall be
levied.

(2) The Municipality subject to sub-section (1) shall


publish a notice in the District Gazette, or in one newspaper
78 [Act No.11 of 2019]

in the vernacular language of the locality having wide


circulation and on the notice board of the Municipal office
and in such other conspicuous place.

Liability for loss, 90. Any person or officer as entrusted by the Municipality
waste or with the collection of sums due to the Municipality, shall be
misappropriation.
liable for the loss, waste, miscalculation or misappropriation
of any money or other property owned or vested in the
Municipality, where such loss, waste, miscalculation or
misappropriation is a direct consequence of his neglect or
misconduct shall be subjected to any disciplinary action
without prejudice to any civil or criminal proceedings.

Power to write-off 91. Subject to compliance with the directives from the
irrecoverable Government in this regard, the Municipality may write-off
taxes, etc.
any tax, fee or other amount, due to it, under a contract or
otherwise, or any sum payable in connection therewith, if, in
its opinion, such tax, fee, amount or sum is irrecoverable.

Property Tax. 92. (1) Subject to sub-section (1) of section 85, the
Municipality shall levy property tax at such unit rates duly
taking into consideration the location and usage as notified
under section 93 on all buildings and lands which are
occupied within the Municipal area, unless exempted under
this Act or any other law.

(2) While levying property tax, the amount of trade


license fixed as per the Act, shall also be levied and
collected along with the Property Tax for the properties
where any trade is being carried on.

(3) Any resolution abolishing an existing tax or reducing


the rate, shall not be carried into effect without any notice
issued under section 93 of this Act.

(4) The government shall exempt any residential


building occupied by the owner from the property tax where
[Act No.11 of 2019] 79

the area of the building is or less than 75 square yards,


having ground or ground plus one floor. In all such cases, a
nominal amount of Rs.100 per annum shall be paid by them
towards property tax.

93. (1) The Property Tax on buildings shall be levied on the Method of
following basis, namely:- assessment.

(a) Capital value, or

(b) Annual rental value, or

(c) Such other basis as prescribed.

(2) Every building shall be assessed together with its


site and other adjacent premises occupied as an
appurtenance thereto.

(3) The method of assessment, complaints, serving of


notice, collection and recovery shall be in the manner, as
prescribed.

94. (1) The owner of a building for new construction or Self-assessment.


reconstruction, which is not assessed in the municipal
records, may submit an online self-certification and ensure
his property is assessed and pay the tax to the Municipality.
The individual shall be responsible for furnishing correct
information in the self-assessment.

(2) An audit at random will be undertaken for the self-


assessments made under sub section (1) in respect of plot
size/plinth area/floors/usage, as prescribed.

(3) In case, any variation is found during the Audit, the


Commissioner shall correct the assessment and levy and
collect the actual tax, along with one-time penalty of 25
80 [Act No.11 of 2019]

times for incorrect certification and initiate penal action as


prescribed under the rules.

(4) Penalty on unauthorized construction or usage: -

(a) Notwithstanding anything contained in this Act


and the rules made thereunder, where a building is
constructed or reconstructed, or some structures are raised
unauthorizedly, it shall be competent to the assessing
authority to levy property tax on such building or structure
with a penalty, as specified in this Act, till such unauthorized
construction is demolished or regularized without prejudice
to any proceedings, and the penalty so payable shall deem
to be the property tax due,-

(i) upto 10 percent of the violation of permissible


setbacks, only in respect of floors permitted in a sanctioned
plan: - 25 percent of property tax as penalty;

(ii) more than 10 percent violation of permissible


setbacks, only in respect of floors permitted in a sanctioned
plan: - 50 percent of property tax as penalty;

(iii) unauthorized floors over the permitted floors in


a sanctioned plan: - 100 percent of property tax as penalty.

(iv) total unauthorized construction: - 100 percent of


property tax as penalty.

(v) violation of usage: - 100 percent of property tax


as penalty and revised rate based on the new usage
thereafter.

(b) The levy and collection of penalty referred under


sub-section (1) shall not be construed as regularization.
Sub-section (1) does not apply to buildings where
[Act No.11 of 2019] 81

occupancy certificate is issued by the Municipality with


penalty of such unauthorized construction.

(c) When penalty is levied on unauthorized


construction / deviation, the information of such properties,
shall be sent to or brought to the notice of the Town
Planning Section of the Municipality so as to take action for
demolition or regularization, as the case may be, under the
provisions of this Act.

(d) The penalty leviable under sub-section (1) shall


be determined and collected by such authority and in such
manner as may be prescribed in accordance with this Act.

(e) Monthly lists:- For regular assessment of any


lands or buildings covered under sub-section (1) and clause
(i) of sub section (4) of this section, the Revenue staff of the
Municipality or any officer authorized in that behalf, shall
prepare and submit monthly lists to the Municipal
Commissioner who shall assess all such properties in the
list and bring into the tax record immediately. The
Municipality shall submit the statement of monthly lists, to
the Regional Director.

95. (1) When any building or land or any premises which Vacancy
has been vacant for more than three months is eligible for remission.
vacancy remission of 50% of the Property Tax for the
vacancy period.

(2) For the purpose of sub-section (1),

(a) premises shall be deemed to be vacant only if


they are unoccupied and unproductive of rent;

(b) premises used or intended to be used for the


purposes of any industry which is seasonal in character
shall not be deemed to be vacant merely on account of their
82 [Act No.11 of 2019]

being unoccupied and unproductive of rent during such


period or periods of the half year in which seasonal
operations are normally suspended.

(3) Every demand for remission under sub-section (1)


shall be made during the half year in respect of which the
remission is sought.

(4) (a) No demand for such remission shall be


entertained unless the owner of the building, land or
premises or his agent has previously thereto delivered
notice to the Municipal Commissioner within one month of
the vacancy during that half year;

(b) no demand for such remission shall be


entertained in case of a person who is in arrears of property
tax;

(c) notice of the vacancy has to be issued to


Municipal Commissioner, for every half year of vacancy;

(d) the Property tax for the vacancy period shall be


paid on or before the due date, the vacancy remissions
sanctioned will be credited to the property as advance.

Tax on 96. When any building or part of building, over which


demolished property tax is due, is demolished the owner of such
buildings.
property shall be liable to pay tax to the Municipality and
intimate the same.

Levy of property 97. (1) The Property tax shall be levied and collected on
tax on Vacant vacant land which are not used either for agricultural
Land.
purposes, and are not occupied by, or adjacent and
appurtenant to buildings, at the time of construction or
registration as a one-time payment, subject to rates
prescribed by the Government from time to time on capital
value of the land by the Municipality.
[Act No.11 of 2019] 83

(2) The land owner shall obtain no-due certificate with


respect to vacant land tax before initiating any construction.

(3) From the date of commencement of this Act, the


Commissioner shall make an inventory of all the vacant
lands within six months in the Municipal area and levy tax in
accordance with this Act.

(4) The Property tax is leviable in respect of a land which


is otherwise capable of being built upon i.e. where
construction is permissible.

(5) The levy of property tax on vacant land shall be


exempted in respect of all lands/usages belonging to or
under the control of the Government in Municipality.

98. The Municipality shall levy service charges on properties Recovery of


of Union of India and its departments at the rate of 75%, service charges
50% or 33 1/3% of property tax leviable, depending on the from the
properties of
availability of municipal services at full or partial or nil Union of India.
services respectively and collect accordingly.

99. The Commissioner or any other person authorized by Power of the


him on behalf of the Municipality may enter, inspect, survey Commissioner or
and measure such buildings or lands after giving any authorized
officer to call for
reasonable notice to the owner or occupier. During information and to
inspection of any premises, any Woman Officer of the enter upon
Municipality, as authorized by the Commissioner, shall be premises.
accompanied. The Commissioner may call on the owner or
occupier of any land or building to furnish such information
as may be required and the owner or occupier thereof shall
comply with it and make a true return to the best of his
knowledge.

100. (1) The property tax shall be levied every half-year and Property Tax
shall, save as otherwise expressly provided in prescribed when payable.
manner under the rules, be paid by the owner of the
84 [Act No.11 of 2019]

assessed premises within 30 days after the commencement


of the half-year, duly ascertaining the tax payable from the
website. The tax-payers shall be entitled for a rebate on
property tax as prescribed under the rules, if there are no
arrears and if the tax for the entire financial year is paid
before 30th April of the year, notwithstanding the service of
a bill or demand notice.

(2) The tax-payer if commits a default to pay the tax by


the end of June and by the end of December for the first and
second half year respectively, the municipality shall levy a
simple interest at the rate of 2% per month The
commissioner after giving a notice to the defaulted owner or
occupier disconnect the services to the premises.

(3) An Additional rebate, as prescribed under the rules


shall also be allowed in respect of properties which have
undertaken both recycling of waste water and rain water
harvesting structures and in respect of properties which
have installed solar heating and lighting system according
to rules prescribed thereunder.

(4) Whenever, tax is levied for the first time or there is an


increase in tax, the Commissioner, shall serve Notice to the
property owner, giving opportunity to submit grievance
within (30) days of notice, if any. For the payment of tax
every year, the Commissioner shall inform the public about
requirement of payment of tax through multimedia in the
beginning of every half-year and also send SMS alerts
through registered mobile numbers and in such cases issue
of notices can be dispensed with.

Revision petitions 101. (1) Any person aggrieved by any tax fixed or assessed
and appeals when
under this Act may file a revision petition before the
and to whom to
lie. Commissioner, within 60 days of notice. The Commissioner
shall dispose of the revision petition within 30 days from the
date of receipt of the revision petition:
[Act No.11 of 2019] 85

Provided that the Commissioner may condone the


delay in filing the revision petition subject to the satisfaction
of sufficient cause.

(2) An appeal shall lie to the Regional Director against


any orders passed by the Commissioner under sub-section
(1) within 30 days from the date of receipt of the order
passed by the Commissioner:

Provided that the Regional Director may condone the


delay in filing the appeal petition subject to the satisfaction
of sufficient cause.

102. The Government shall make rules providing for,- Power of


Government to
(a) the exemption of special classes of buildings from make rules under
property taxation.
the tax;

(b) the manner of ascertaining the annual rental value or


capital value of houses and the categories into which they
fall for the purposes of taxation;

(c) the persons who shall be liable to pay the tax and
giving notice of transfer of property; and

(d) the grant of vacancy and other remissions.

103. (1) Where at any time, it appears that any person or Power to correct
property has been inadvertently omitted from the the Assessment
assessment records or inadequately or improperly assessed records.
relating to any tax, a clerical or arithmetical error is
committed in the records, the Commissioner will assess or
reassess or rectify the errors, as the case may be:

Provided that no such assessment shall be made where


it has the effect of an increase in the assessment unless
86 [Act No.11 of 2019]

reasonable opportunity to show cause against the proposed


action is given to the person affected.

(2) Such assessment or reassessment or correction of


records shall not relate to a period earlier than five and half-
years immediately preceding the current half-year.

Change of entries 104. (1) Whenever the Record of Rights of any person,
of Record of primarily liable to the payment of property tax is transferred,
Rights in
Municipal records.
and the person to whom the same is transferred shall remit
the amount as prescribed and the same shall be instantly
transferred in the name of Transferee in the Property Tax
record of the Municipality as per the rules prescribed.

(2) Whenever the transfer is affected through


succession, court decree or any other reason, the person,
whose title is transferred and the person to whom the title is
transferred, shall give notice of such transfer to the
Commissioner and in such cases, the Commissioner shall
complete the transfer of property in the time limit as
prescribed in Schedule III of this Act. For alteration of entries
relating to Record of Rights in succession cases, no fee is
required to be collected.

(3) The Commissioner may, by notice, direct the


transferee or the person to whom the Record of Rights
passes, to produce before him, all documents evidencing
the transfer and the person shall produce the same.

(4) Every person, who makes a transfer without giving


notice to the Commissioner, shall, in addition to any other
liability which he incurs through such neglect, continue to
be liable for the payment of property tax on the premises
transferred, until he gives notice or until the transfer is
recorded in the municipal registers, but nothing in this
section shall be held to affect -
[Act No.11 of 2019] 87

(a) the liability of the transferee for the payment of the


said tax; or

(b) any claim of the Municipality under the provisions


of this Act.

105. The Government shall constitute Telangana State Constitution of


Property Tax Board to provide assistance and technical Telangana State
Property Tax
guidance to all Municipalities in the State for proper
Board.
assessment of property tax on buildings and lands in their
respective jurisdictions. The Constitution of the Board and
its functions, powers shall be as prescribed by the
Government.

105-A. The duty on transfers of property shall be levied,- Method of


assessment of
(a) in the form of a surcharge on the duty imposed by duty on transfer of
property.
the Indian Stamp Act, 1899, for the time being in the State, Central Act 2 of 1899.
on every instrument of the descriptions specified below, in
respect of the whole or part of the immovable property, as
the case may be, situated within the limits of a municipality;
and

(b) at such rate as may be fixed by the Government, not


exceeding five per centum on the amount specified below
against such instrument:

Sl. Description of Amount on which duty


No. instrument shall be levied
(1) (2) (3)
(i) Sale of immovable The amount or value of the
property consideration for the sale,
as set forth in the
instrument or the market
value of the property which
is the subject matter of the
sale whichever is higher
88 [Act No.11 of 2019]

(ii) Exchange of The market value of the


immovable property property of greater value,
which is the subject matter
of exchange

(iii) Gift of immovable The market value of the


property property which is the
subject matter of the gift

(iv) Mortgage with The amount secured by the


possession of mortgage, as set forth in
immovable property the instrument

(v) Lease for a term An amount equal to one-


exceeding one sixth of the whole amount
hundred years or in or value of the rents which
perpetuity of would be paid or delivered
immovable property in respect of the first fifty
years of the lease as set
forth in the instrument

Provisions of the 105-B. On the introduction of the duty on transfers of


Indian Stamps property—
Act, 1899,
applicable on the
introduction of (a) section 27 of the Indian Stamp Act, 1899 shall be
duty on transfers read as if it specifically requires the particulars to be set
of property. forth separately in respect of property situated within the
Central Act 2 of 1899.
limits of a municipality and outside such limits;

(b) section 64 of the same Act shall be read as if it


referred to the Municipal Council and Municipal Corporation
concerned as well as the Government.

Power to make 105-C. The Government may make rules not inconsistent
rules regarding with this Act for regulating the collection of the duty on
assessment and
collection of duty transfer of property, the payment thereof to the Municipal
on transfer of Councils and Municipal Corporations concerned and the
property.
[Act No.11 of 2019] 89

deduction of any expenses incurred by the Government in


the collection thereof.

FINANCE

106. (1) All the moneys received by the Municipality shall Definition of
constitute a fund, which shall be called the Municipal Fund, Municipal Fund.
and shall be applied and disposed of, subject to the
provisions of the Act or other laws as prescribed by the
Government. The Municipal fund consists of,-

(a) all moneys received;

(b) all proceeds of the disposal of Municipal property;

(c) all rents on the Municipal property;

(d) taxes, cess, fees and fines collected;

(e) compensation on account of compounding


offences;

(f) moneys received from Government or public


bodies, or private individuals as Grant, donations, gift or
deposit;

(g) interests and profits from banking transactions


and any other transactions;

(h) loans, bonds etc., raised by the Municipality;

(i) accumulated fund in the Municipality standing to


the credit before the commencement of this Act.

(2) All moneys payable to the credit of the municipal


fund shall be received by the Commissioner and shall be
forthwith paid into any Scheduled Commercial Bank to the
90 [Act No.11 of 2019]

credit of an account which shall be styled “the account of


the municipal fund of the (said) Municipality” and all funds
shall be kept under one single account.

(3) No payment shall be made by the Bank referred in


sub-section (2), out of the Municipal Fund except on a
cheque signed by the Commissioner or by the way of online
fund transfer when authorized by the Commissioner.

(4) For the purpose of strengthening of municipal fund


and for taking up developmental projects, the Municipality
may consider to raise funds through issue of municipal
bonds or borrow from other sources, as per the notification
issued by the Government.

(5) The Municipality shall also take necessary steps to


obtain credit rating once in every two years, as specified by
the Government.

BUDGET

Budget estimate. 107. (1) Each Municipality is an extensive human settlement


with high density of population, housing and having its
complex requirements of planning, sanitation, water supply,
transport and communication among others. Each of these
towns undertake infrastructure works such as roads, drains,
waste management and street lights to ensure a safe and
healthy ambience for its citizens. It is thus important that
budget for the municipality is planned in a systematic
manner to take care of its obligatory requirements and
developmental works so as to ensure a balanced overall
healthy growth.

(2) In order to provide a robust growth impetus, the


State Government shall provide a matching amount equal to
the municipality wise devolution under the Finance
Commission, over and above the own resources of the
[Act No.11 of 2019] 91

municipality. Any deficit in the matching grant contribution


from the State Government shall be carried forward to the
next year.

(3) In order to have a uniformity in the budget formation


exercise and to ensure that there is an earmarked budget
for all the essential functions of the municipality, the District
Collector shall be a part of budget preparation exercise of
the municipality and shall guide them in its preparation. He
or she shall be present in the budget meeting of the
municipality.

(4) The municipality shall prepare a budget showing the


probable income and expenditure during the ensuing year.
While preparing the annual budget for the municipality, the
required budget for the following components, in addition to
the meeting the salary expenses, must be provided first for,-

(a) Proper upkeep of sanitation and budget


requirement towards the sanitation vehicles, tools and
sanitation instruments;

(b) Budget to meet the power bill towards street lights


maintenance and water supply - municipality shall ensure
that these bills are cleared in time and at such periodicity.

(c) Loan repayments if any;

(d) 10% of the annual budget as the “Green Budget”


to meet the requirements of plantations and nursery;

The above provisions (a), (b), (c) and (d) will be


obligatory and will be treated as charged provisions in the
budget.

(5) After meeting the obligatory provisions as mentioned


above, earmarking one-third of the balance budget on
92 [Act No.11 of 2019]

critical infrastructure requirements and works in newly


merged areas, underdeveloped areas and the localities
inhabited predominantly by the weaker sections, minorities
and slums.

(6) In addition to and after having met the provisioning


as above, the budget shall provide for the following,-

(a) maintenance of parks, playgrounds and open


spaces;

(b) construction and maintenance of


“Vaikuntadhamams” (crematorium) and burial grounds;

(c) construction and maintenance of public toilets;

(d) at-least one integrated vegetarian and non-


vegetarian model market for each town and an additional
market for every additional 50000 population–model market
design may be provided by the Commissioner and Director
of Municipal Administration;

(e) construction and maintenance of modern


slaughter houses;

(f) scientific management of dump yards and


scientific waste including solid and liquid management.

(7) Ward wise works shall be taken up once the above


requirements have been met with.

(8) A copy of the budget shall be submitted to the


Government at least a fortnight before the end of the
financial year for the ensuing year.
[Act No.11 of 2019] 93

108. In the course of a financial year, the Municipality shall Revised Budget.
not mandate the budget with regard to its income or
expenditure it proposes unless the consent of the
Government or any agency specified therefor is obtained.

109. (1) The Commissioner shall prepare annual accounts Preparation of


by way of Double Entry Accrual Based Accounting System Annual Accounts.
with such information and in such form and manner, as may
be prescribed under the rules and submit the annual
accounts for approval of the Municipal Council.

(2) The annual accounts shall be forwarded to the


Director of State Audit and the audit shall be completed
within such time, as prescribed under the rules.

110. (1) The Government shall prescribe the procedure for Audit of Accounts.
auditing of the annual accounts of the municipal fund and
the auditors shall be deemed to be ‘public servants’ within
the meaning of section 21 of the Indian Penal Code, 1860. Central Act 45 of 1860.

(2) The Municipality shall provide for pre-audit and


internal audit of the regular accounts of the Municipality to
the Municipal Council as per the rules prescribed under the
Act.

(3) The Government may appoint any person to carry


out a special audit on specific accounts or whole of the
accounts of any period relating to Municipality and submit
the special audit report to the Government.

111. (1) If the expenditure incurred by the Government or by Contribution to


any other municipality to which this Act applies or by any expenditure by
other local
other local authority in the State for any purpose authorized authorities.
in the manner prescribed so as to benefit the inhabitants of
a municipality, the Municipal Council may, with the sanction
of the Government, make a contribution towards such
expenditure.
94 [Act No.11 of 2019]

(2) The Government may direct a council 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 council fails to show cause within the said


period to the satisfaction of the Government, the
Government may direct it to make such contribution as they
may specify and it shall be paid accordingly.

Guarantee of 112. (1) It is the prerogative of the Government to undertake


State Government
guarantee for any project/s of the Municipality. In such
of principal of,
and interest on, cases and if considered, the principle of, and interest on the
the loans floated loans floated by a Municipality, subject to fulfillment of the
by Council in conditions, certification of financial robustness, and ceiling
Municipality for of maximum limit, as may be fixed by the Government, shall
the purposes of
carry the guarantee of the Government.
the Act.

(2) The Government may increase the maximum


amount of guarantee given.

(3) The Government may, after consulting the


Municipality,-

(a) by notification, and

(b) by notice, of not less than 14 days, discontinue


any guarantee given by them or restrict the maximum
amount thereof or modify the conditions subject to which it
is given, with effect from a specified date not being earlier
than six months from the date of publication of the
notification in the Telangana Gazette:

Provided that in cases where the maximum amount of


the guarantee is to be restricted or the conditions subject to
which the guarantee is given are to be modified, the
notification and notice aforesaid shall set forth with sufficient
[Act No.11 of 2019] 95

clarity the scope and effect of the restriction or


modifications.

113. Notwithstanding anything in the Local Authorities Recovery of loans


Loans Act, 1914, or any other law similar thereto for the time and advances
being in force, the Government shall be entitled to recover in made by the
Government.
the manner provided by sub-section (2) of section 74 of this
Act or by suit, any loan or advance made to any Council for
any purpose to which the funds of the said Council may be
applied under this Act.

113-A. (1) There shall be constituted a Finance Commission Constitution of


once in every five years by the Governor on the Finance
recommendation made by the Government. The Finance Commission.
Commission constituted prior to the commencement of this
Act shall be deemed to have been constituted under this Act
and shall be governed by the provisions of this Act.

(2) The Finance Commission shall consist of a


Chairman and four other members of whom one shall be the
Member Secretary. The Governor shall by order appoint on
the recommendation of the Government the Chairman and
other members of the Commission.

(3) The Government shall make available to the Finance


Commission such staff as may be necessary for the
discharge of the functions conferred on the Finance
Commission.

(4) The Chairman of the Commission shall be selected


from among persons who have had experience in public
affairs and other members shall be selected from among
persons who,-

(a) have special knowledge of the finances and


accounts of Government; or
96 [Act No.11 of 2019]

(b) have had wide experience in financial matters and


in administration; or

(c) have special knowledge of economics.

(5) The qualification, disqualification of members, term


of members, functions of the Commission, powers of the
Commission shall be such as may be prescribed.

CHAPTER IV
STATUTORY FUNCTIONS AND RESPONSIBILITIES OF THE
MUNICIPALITY WATER SUPPLY

Vesting of powers. 114. All the existing sources of potable drinking water
supply in any form including tanks, water reservoirs,
cisterns, pipelines, wells and all other such facilities in the
municipality, existing at the commencement of this Act and
added subsequently, shall vest in the Municipality.

Water Audit. 115. The Municipality shall,-

(a) conduct water Audit within its jurisdiction, and make


all efforts to reduce the non-revenue water (NRW) to its
minimum, and may further, initiate necessary steps to
rationalize usage of drinking water by ensuring the
availability of re-cycled water for non-potable purposes such
as horticulture, construction activity and other such activities
as may be prescribed;

(b) maintain complete survey maps, drawings and


descriptions of water-supply mains, supply-pipes and
connections thereto, from all premises in the municipal area
along with inventory details and improvements carried out
during the year.
[Act No.11 of 2019] 97

116. (1) The Government may make rules governing the Powers of the
allocations, classifications of supply of water for residential State Government
and commercial purposes including shops, hotels, industrial in water supply.
undertakings and other such non-residential undertakings,
and to determine the levy of charges for different categories.

(2) The Government may also direct the Municipality to


supply water outside the municipality on such terms, if any.

(3) The Government may constitute an authority or a


body or a water board for one or more Municipalities or
other local authorities, for the construction and maintenance
of water works for the supply of water to such Municipalities
or Local Authorities, subject to such conditions as may be
prescribed, and such Municipalities or local authorities shall
be bound to take water from such authority so constituted.

117. (1) The Municipality may lay or carry any water-main or Powers of the
service-main or any pipe or channel of any kind for the Municipality in
purpose of providing or carrying out or maintaining a water supply.
system of water-supply on, across, under or over any street
or public place, may at all times do all acts and things which
may be necessary or expedient for repairing or maintaining
any such pipe or channel, as the case may be, in an
effective state for the purpose for which such pipe or
channel, as the case may be, may be used or intended to
be used.

(2) The Municipality may, by regulations,-

(a) specify the terms and conditions for provision of


water meter to the owner or the occupier of any land or
building;

(b) recover the consumption charges for supply of


such water as recorded by such water meter; and
98 [Act No.11 of 2019]

(c) take all such necessary steps as may be required


for proper utilization of water and detection of any fraud in
respect of such water meters as prescribed.

(3) The Commissioner or any person authorized by him/


her, may cause necessary action including disconnection of
municipal water supply in any non-occupied premises,
where it is detected that there is illegal drawal of water, or
such premises is causing contamination of water supply
lines, or is otherwise causing interference in the municipal
water supply network in any manner; and may take penal
action for such violations as prescribed. Any additional
expenses due to damage caused by any of the above
circumstances, or for the restoration of water supply,
incurred by the Municipality shall be recovered from the
persons causing such damage.

(4) The Commissioner or any person authorized by


him/her, may cause disconnection of Municipal water
supply to any premises for non-payment of outstanding
dues to the municipality, by the owner or occupier, till such
dues are paid by him:

Provided that the Municipality shall not be liable to pay


any penalty or damages for disconnecting supply of water
or for not supplying water, in the case of any drought, or
other unavoidable circumstances.

Certain 118. (1) No person shall,-


prohibitions to
maintain water
supply. (a) trespass on any premises connected to and are
used for water supply;

(b) allow water to be wasted, or allow the pipes,


works or fittings, for the supply of water in his/ her premises
to be out of repair causing thereby waste of water;
[Act No.11 of 2019] 99

(c) draw off, divert, or take water from any waterworks


belonging to, or under the control of, the municipality, or
from any watercourse or stream by which such water is
supplied;

(d) unlawfully break, obstruct or otherwise cause any


damage to any public channel, tank, reservoir, cistern, well,
fountain or stand pipe, or divert water or opens or removes
any lock, cock or pipe belonging to water supply or under
the management or control of the Municipality.

(2) The Municipality shall impose fine and / or initiate


penal action as prescribed against anyone found violating
under this section.

PUBLIC DRAINAGE AND SEWERAGE

119. (1) All public drains, alongside or under public street, Public drains to
or located elsewhere, all sewerage collection works existing vest in the
in the Municipality, whether constructed by the Municipality Municipality.
or by the Government or otherwise, and all works, materials
and things appertaining thereto, situated in the Municipal
area, shall vest in the Municipality.

(2) For the purpose of enlarging, deepening or


otherwise repairing or maintaining any drain as aforesaid, so
much of the sub-soil appertaining to the drain as may be
necessary, shall be deemed to vest in the Municipality.

120. The Municipality shall,- Responsibility of


the Municipality
(a) provide and maintain a sufficient system of public for drains, storm
water drains and
drains in its jurisdiction; other such works.

(b) prepare a map for drains, storm water drains and


sewerage network in its jurisdiction capturing all existing
facilities, missing gaps and additional requirements therein,
100 [Act No.11 of 2019]

and give importance to missing gaps and additional


requirements for their improvement while preparing annual
budget;

(c) prepare an annual plan, and maintain the upkeep of


all drains by undertaking the cleaning and de-silting drains
regularly, and be ensured that the de-silted material is not
mixed with municipal solid waste, and is processed
separately as Soil Compost:

Provided that the Municipality shall have power to


acquire land wherever required for construction of public
drain, storm water drain, and long sewerage network in the
Municipality.

Prohibitions 121. No person shall,–


regarding drains
and sewage lines.
(a) unlawfully obstruct the flow of or divert any drain or
sewerage belonging to the Municipality;

(b) throw any material including plastic bags and


containers, or any waste of animals, into any municipal drain
or sewer;

(c) erect or rebuild any building or fence over any


drainage, storm water drain, or sewerage-line in the
Municipality; and

(d) discharge trade effluent into any municipal drain


from such trade premises without approval of the
Municipality in accordance with the regulations made
thereunder, or any other law for the time being in force.

The Municipality shall impose fine and initiate penal


action against anyone violating under this section.
[Act No.11 of 2019] 101

HEALTH AND SANITATION

122. The Municipality shall prepare a City Sanitation Plan, City Sanitation
which, inter-alia, shall include, ward-wise and Municipality Plan.
wise plan, for the collection, segregation, transfer and
processing of waste, in a manner that 100% municipal Solid
Waste is lifted on a daily basis.

123. (1) It shall be the responsibility of every individual The responsibility


household or user, whether domestic or non-domestic, to of individuals to
segregate the solid waste at source, and hand-over such segregate waste.
segregated waste to the Municipality.

(2) If any household or premises fail to comply with the


sub-section (1), the local authority shall cause segregation
of the same and collect the cost thereof from the occupant
of the premises, as applicable.

124. (1) It shall be the responsibility of the Municipality or The responsibility


any agency authorized by it, to ensure collection of the of Municipality to
solid-waste, in accordance to plans prepared by the collect segregated
waste.
Municipality, and by collecting requisite charges as
prescribed.

(2) It shall be the responsibility of the elected member of


the ward as well as the officer concerned, to ensure
segregation of waste at source, and to ensure that the
garbage is collected on a regular basis.

125. The Municipality shall make adequate arrangements Making


for,– arrangements for
collection of
waste.
(a) collection of segregated solid waste from all
residential and non-residential premises, separately;

(b) regular sweeping and cleaning of the streets, and


removal of waste material generated;
102 [Act No.11 of 2019]

(c) removal of filth, and carcasses of animals from any


premises;

(d) collection, safe-keep, transportation and disposal of


Municipal solid waste in a manner, including the
establishment of Dry Resource Collection Centers, as per
the waste disposal rules and guidelines of the Government.

Responsibilities of 126. It shall be the duty and responsibility of Resident


the Management Welfare Associations (RWAs) and the associations
of the Gated
managing gated communities, apartments, other residential,
Communities,
Apartments, etc. and non-residential building complexes, to segregate the
garbage at source, to provide in their premises community
bins, or any other facility as prescribed by the Municipality
and to ensure that the garbage is lifted daily by paying user
charges as prescribed.

Management of 127. (1) It is the responsibility of the Municipality to process


Dump yards. the entire municipal Solid Waste collected duly segregating
and using scientific management including bio-mining, bio-
processing or any other technology as prescribed by the
Government or any of its agency.

(2) All existing dump sites will be processed in a


scientific manner, either using scientific capping or other
techniques, as specified in Central and State Government
guidelines from time to time.

(3) The Municipality may identify the lands, which are at


a reasonable distance from densely populated areas, for the
purpose of setting up of the future dump sites. If such land
for the purposes of this sub-section is not available with the
Municipal Authorities, it shall be the duty of the District
Collector to provide the municipal authorities with
appropriate land from amongst land under his control.
[Act No.11 of 2019] 103

128. The municipality shall,- Compost Yards.

(a) encourage and strive to have number of compost


yards wherever possible;

(b) make efforts to have in-situ composting in public


places, including identified parks, apartments, commercial
complexes, function halls and other such public places;

(c) ensure that the respective building associations


install composting units within their premises.

129. It shall be mandatory for all nursing homes, hospitals, Bio-Medical


clinics, labs and Para-medical Hospitals to segregate their Waste.
bio-medical waste and arrange for its collection and
transportation to the designated facilities, in accordance
with Biomedical Waste Rules framed by the State or by the
Central Government or by any agency authorized on their
behalf. The Municipal Commissioner, in consultation with
the health and pollution control authorities, and under the
superintendence of District Collector shall initiate necessary
action against such violators.

130. It shall be the duty of the Municipality, either on its own Hazardous waste.
or through any other agency authorized by it in this behalf,
to implement the provisions of the rules made by the Central
and State Government in exercise of the powers conferred
by the Environment (Protection) Act, 1986 to regulate the Central Act 29 of 1986.
management, and handling of hazardous wastes to the
extent such rules apply to the Municipality.

131. It shall be mandatory for all hotels, restaurants, Food safety and
canteens, cafeterias, function halls, hostels, mess or any standards.
other establishment serving food to either the general public
or to any captive population to ensure that the food served
is strict compliance of Food Safety and Standards Act, 2006 Central Act 34 of 2006.
and rules framed thereunder. The Commissioner in
104 [Act No.11 of 2019]

consultation with District Collector shall initiate necessary


action against anyone found not following the required
norms or having furnished false certification.

Construction and 132. (1) The Municipality may handle the Construction and
Demolition Waste. Demolition Waste and identify suitable places for its
disposal and processing.

(2) Wherever a processing facility for Construction and


Demolition waste is created, the Municipality may engage
an Operation and Maintenance partner to operate the facility
in accordance with the rules in force.

(3) The onus, to get the Construction and Demolition


waste collected is on the person generating, and such a
person shall pay to the municipality for the cost of its
disposal, in the manner prescribed.

(4) The Municipality shall have the powers to levy and


collect penal charges from the individuals or institutions,
causing or said to have caused un-safe, improper and
unauthorized dumping, of Construction and Demolition
waste in places other than the designated places, and at the
rates prescribed.

Municipal Waste 133. The Government may set up a specialized body


Management. corporate either stand alone or under the superintendence
of Commissioner and Director of Municipal Administration
to,-

(a) bring in focused institutional attention to scientific


waste management including solid & liquid waste and
construction and demolition waste and management of
dump sites and proper disposal;

(b) take every action including utilizing the services of


subject experts, raising of resources, use of appropriate
[Act No.11 of 2019] 105

technology, hand holding the municipalities, and take all


such actions for any other purposes as deemed appropriate
to achieve the objectives of waste management.

AVAILABILITY OF PUBLIC CONVENIENCE OR


RESTROOMS

134. The Municipality shall cause, either directly or Public


indirectly, provisions to have sufficient number of public Convenience.
convenience places and facilities, including restrooms,
urinals, washrooms, child- feeding centers and shall have
mechanisms in place for their regular maintenance and up
keep.

135. Non-residential premises which are accessible to the Free access to


general public by nature of their trade or activity, shall public
convenience
compulsorily provide public convenience facilities for use by
facilities.
the general public. Such non-residential premises shall
include, but not limited to, petrol bunks, restaurants, hotels,
shopping malls, cinema halls, educational institutions, and
any other such non-residential premises or any other such
premises and categories as may be prescribed by
Government. The Commissioner shall act against any
violation of this section in the manner prescribed. All new
construction in these categories shall carry this provision.

136. The Municipality and Municipal Commissioner, on suo- Provision of


moto or based on the complaint received, shall cause the sufficient number
owner or the user of the particular building to provide, alter, of rest-rooms and
toilets.
upgrade, add rest rooms and toilets including urinals as the
case may be, and shall take necessary action in case of
noncompliance in the manner prescribed.

PUBLIC STREETS

137. No person shall build any wall or erect any fence or Barring
cause any other obstruction or projection or make any obstruction in the
public road.
106 [Act No.11 of 2019]

encroachment in or over any public road, except as


hereinafter provided,-

(a) no door, gate, extension of any structure


whatsoever, or ground floor window, shall, be hung or be
placed so as to open upon any public road, without a
license from the authority;

(b) the Municipal Commissioner may require the owner


or occupier of any building to remove or alter any
projection, encroachment, or obstruction, situated against
or in front of such building, and in or over any public road
vested in the Municipality.

Temporary 138. (1) The Municipal Commissioner upon receipt of any


permissions in request for temporary permission, may grant a temporary
public places.
license, for a period not exceeding 15 days, for erection of
temporary shamiana or pandal, or any other structure on the
public road or open land vested with the Municipality, duly
ensuring that such erection does not cause any public
inconvenience and traffic obstructions, and the temporary
license so granted shall include such terms and conditions
including timings and charges in the manner prescribed by
the Municipality. Damages, if any, caused to the public
street or to open space, etc., shall be duly recovered in the
manner prescribed by Government.

(2) The Government may, by notification, restrict and


place under such control as deemed appropriate for the
exercise of powers under sub-section (1), by the
Municipality.

Penal action for 139. (1) No person shall cause any damage to the roads,
damage of roads. footpaths, road margins in any manner whatsoever. Any
violation thereof shall attract appropriate action, including
penal action. The amount as required to repair the said
[Act No.11 of 2019] 107

damage shall be recovered from the said person in the


manner prescribed.

(2) No person shall plant any tree on any public road, or


other property vesting in or belonging to the Municipality,
except with the previous permission of the Municipal
Commissioner, and on such conditions as may be imposed.

(3) No person shall fell, remove, destroy, lop or strip


bark, leaves or fruits, from, or otherwise damage any tree
vesting in or belonging to Municipality or Government,
except with the previous permission from the Municipal
Commissioner or competent authority, and on such
conditions as the Municipality may impose.

140. The Municipal Council shall give names to public Naming of the
streets and parks, play grounds or any municipal property Public Street.
with the approval of the State Government.

141. The Municipality may,- Acquisition of


Land and
Buildings for
(a) acquire any land, and buildings if any standing upon Improvement of
such land, required for the purpose of widening, diverting, Streets.
opening, extending, or otherwise improving any public
street in any manner deemed fit and necessary, or of
creating any new public street;

(b) acquire any land for the purpose of creating public


parking places, and may collect the parking charges for the
providing such facility;

(c) pay such reasonable compensation as prescribed,


to the owners of any land or buildings, which are acquired
for, or affected by any such purposes.
108 [Act No.11 of 2019]

Traffic 142. Subject to the provisions of this Act, the Municipality


Engineering may, either on its own or through any other agency
Schemes.
authorized by it in this behalf, as and when necessary,
having regard to the abutting land uses and traffic flow
patterns, implement traffic engineering schemes to ensure
public safety, convenience and expeditious movement of
traffic, including pedestrian traffic.

Creating 143. Subject to the provisions of this Act, the Municipality


Infrastructure for
may, either on its own or through any other agency
Pedestrians and
Bus Stops. authorized by it in this behalf, from time to time, cause
various items of street Infrastructure, including street
furniture, rest places, fences, guard-rails, traffic lights, traffic
signs, street markings, median strips, bus stops, and any
other item to be installed or done, and shall cause them to
be maintained so as to ensure public safety and
convenience, and expeditious movement of traffic including
pedestrian traffic and safe crossing of roads.

STREET LIGHTS

Street lights. 144. The Municipality shall,-

(a) take all necessary measures for lighting in a suitable


manner at all public streets, parks, places of public
congregation under its control and other such places, as
prescribed; and

(b) procure, erect, maintain and replace such number of


lamp-posts and other appurtenances, as may be necessary,
for the said purpose.

Prohibition of 145. (1) No person shall, without lawful authority, take away
removal of lamps or willfully or negligently break or damage, in any other
and damages of
poles, etc. manner whatsoever,-
[Act No.11 of 2019] 109

(a) any lamp or any appurtenance of any lamp, or


lamp post, in any public street or any public place;

(b) any electric wire for illuminating such lamp;

(c) any post, pole, standard, stays, strut, bracket or


other contrivance for carrying, suspending or supporting
any electric wire or lamp;

(d) or cause any obstruction by blocking the right of


way.

(2) No person shall willfully or negligently extinguish the


light of any lamp set up in any public street or any public
place.

(3) If any person willfully or through negligence or


accident breaks or causes any damage to any of the things
described in sub-section (1), he shall, in addition to any
penalty and/or to the penal charges, to which he may be
subjected under this Act or any other law in force, pay the
expenses of repairing the damages so caused by him.

PUBLIC MARKETS

146. (1) The Municipality shall maintain public markets at Public Market.
locations, enabling maximum public convenience. The
markets shall have sufficient ventilation, up-keep,
cleanliness, lighting and separate market/sections for
vegetarian and non-vegetarian produce.

(2) The Municipality may provide sufficient parking


space, sanitation, hygiene, water supply facilities, and public
convenience while constructing new public markets
henceforth.
110 [Act No.11 of 2019]

(3) The Municipal Commissioner may prohibit by public


notice, or regulate by license, the sale or exposure for sale
of any animals or articles in or upon any public road or
place or part thereof.

Allotment of 147. (1) The Municipality shall allot shops on rental basis
Municipal Shops. through public auction to the eligible persons duly collecting
the rent, for a specified period with a provision to renewal
with due increase in the rent, subject to fulfillment of
conditions, as prescribed.

(2) The Municipality shall cause vacation of such shops


for violation of allocation terms and conditions including
non-payment of rent and non - keeping up shop premises in
the manner prescribed or utilization for other purpose or
sub-letting. No court shall have jurisdiction over any matter
for which provision is made under this section.

Permission for 148. No person shall open a new private market or continue
private markets. to keep open a private market, including a temporary
market, without obtaining the requisite permission from the
Municipality in the manner prescribed by the Government.

VAIKUNTADAMAM (CREMATORIUM) AND BURIAL


GROUNDS

Vaikuntadamam 149. (1) In order to provide dignity and respect to the


(Crematorium) departed soul, the Municipality shall provide, maintain and
and Burial
Grounds.
upgrade at least one vaikuntadamam (crematorium) or
burial ground, and have all modern facilities.

(2) The Municipality may also strive to upgrade all


existing and registered smashanavatikas or burial grounds
or Crematoriums.

(3) The Municipality shall arrange at least one Vaikunta


Ratham (vehicle) or its equivalent for the transportation of
[Act No.11 of 2019] 111

the deceased, either with Municipal Fund or with the


assistance of others.

(4) Every owner or person, having the control of any


place used at the commencement of this Act, being used as
a place for burying, cremating or otherwise disposing of the
dead, shall, if such place was not already registered under
any law applicable thereto, apply to the Municipality to have
such place registered under this Act, failing which it shall be
construed as an offence under section 268 of the Indian
Penal Code.

(5) If it appears that there is no owner or person having


the control of such place, the Municipality shall assume
such control and register such place or may close it.

(6) No new place for the disposal of the dead, whether


private or public, shall be opened, formed, constructed or
used unless a license is obtained in the manner prescribed
by the Municipality.

150. (1) The Municipality shall maintain the record in which Maintenance of
all the places registered, licensed or otherwise authorized records of
Vaikuntadamam
under the section 149, and all such places so registered,
(Crematoriums)
licensed or authorized under the previous Acts and before and Burial
the commencement of this Act, shall be recorded therein. Grounds.

(2) A notice in the local language of the town, that such


place has been registered, licensed or otherwise authorized
as aforesaid, shall be conspicuously affixed on or near the
entrance to such place.

(3) The person having control of a place for disposing-of


the dead, shall maintain and provide information of every
burial, cremation or other disposal of a corpse at such place
and time, in such manner, to appropriate authority
appointed by the Municipality.
112 [Act No.11 of 2019]

Identification of 151. (1) The Municipality, if it is satisfied that any registered


alternative site for or licensed place for disposal of the deceased is or is likely
grave yards.
to become dangerous to the health of persons residing near
any burial ground, may identify alternative site for the said
purpose within the given time-frame as prescribed.

(2) No person shall, in contravention of any notice under


this section and after the expiration of the period specified in
such notice, bury, burn or otherwise dispose of, or cause or
permit to be buried, burnt or otherwise disposed of, any
corpse at such place. Any violation of this sub-section is
liable for punishment, as may be prescribed by the
Government.

SLAUGHTER HOUSE

Slaughter Houses. 152. (1) Subject to such rules as may be made by the
Government, every Municipality may designate places for
use as public slaughter houses, and charge rents and fees
for the places so designated.

(2) If such land for the purposes of the sub-section (1) is


not available with the Municipal Authorities, it shall be the
duty of the District Collector to provide the municipal
authorities with appropriate land from amongst land under
his control.

(3) The Municipality shall, in consultation with District


Collector and Commissioner and Director of Municipal
Administration shall make efforts to modernize all existing
slaughter houses in a time bound manner.

(4) The municipality shall,-

(a) prohibit or regulate the slaughter, cutting up or


skinning of animals specified in the rules, on all occasions
[Act No.11 of 2019] 113

not excepted therein at places other than public or licensed


slaughter houses;

(b) license persons to slaughter animals for purposes


of sale to the public; and

(c) cause regular inspection of slaughter-houses, and


of the meat therein, and the payment of remuneration to the
officers employed for such inspection.

(5) The Municipal Commissioner shall notify, in the


manner prescribed, that no place within the limits of the
town shall be used for anyone or more of the purposes
specified in the rules made in this behalf without a license
issued by the Municipality in the manner prescribed and
accepted in accordance with the conditions specified in
such license.

(6) Appeal against the rejection of license shall lie with


the District Collector.

CONTROL OF INFECTIOUS DISEASES

153. (1) It shall be the duty of the Municipality to take such Prevention of
measures as are necessary for preventing, or checking the infectious
spread of, any danger, or of any epidemic, or those caused diseases.
by any animals therein in the Municipal area.

(2) The Municipality shall exercise its powers for


prevention of infectious diseases in its jurisdiction in the
manner prescribed by the Government.

154. The Municipality may take up public health surveillance Public health
programs or undertake epidemiological investigations or surveillance
surveys of the people in the Municipal area in coordination programmes.
with the Medical and Health Department as prescribed by
the Government to determine the existence, prevalence or
114 [Act No.11 of 2019]

incidence, or to determine the likelihood of a possible


outbreak of,-

(a) any infectious disease; or

(b) any other disease, declared by the Government.

Steps to be taken 155. (1) In the event of the prevalence or threatened out-
on out-break of
break of any infectious disease in the municipal area, or of
infectious
diseases. any unusual mortality therein, the Municipality shall in
coordination with district administration and Medical and
Health Department of the Government provide such staff,
medicines, appliances, equipment and other things, that in
the opinion of the Government, are necessary for the
treatment of such infectious disease and preventing it from
spreading.

(2) The Municipal Commissioner may inspect any place


in which any dangerous disease is reported or suspected to
exist, and shall take such measures, as he/she thinks fit to
prevent the spread of such disease, under intimation to the
Government.

Principles to 156. The Municipality shall follow the advice and directions
control of of Medical and Health Department of the Government and
infectious
diseases.
District Collector and shall initiate all necessary steps as
required including sanitation, proper hygiene and other
such measures as under its control to ensure control of
infectious diseases.

Eradication of 157. The Municipality shall take all adequate measures,


Mosquitoes and including spray of anti-larva liquids or use of Gambusia fish
prevention of their
breeding.
or take any other measures, for control of mosquito growth,
and to formulate and execute schemes to prevent mosquito
breeding.
[Act No.11 of 2019] 115

158. The Municipality may publish a notification specifying Trade License for
conditions and required certificates including no objection carrying out trade.
certificates from the required agencies such as pollution
control board, and in the prescribed manner for the
purposes for conducting any trade in the Municipality. The
request for the license along with required documents as
prescribed shall be made online and issued accordingly. A
fine of 25 times shall be levied in case it is found that self
certification was done wrongly with malafide intention.

MANAGEMENT AND CONTROL OF ANIMALS

159. The Municipality may take appropriate measures for Management of


proper management of animals in its jurisdiction so as,– domestic animals
or pets.
(a) to promote public education on pet ownership, and
responsibilities of the owners;

(b) to take necessary steps for registration of pet


animals and issue guidelines for their care and vaccination;

(c) to ensure that no person shall feed or permit any


animal, which is kept by him/her for dairy purpose or which
may be used for food, to be fed on filth;

(d) to ensure that no person shall keep any animal on


his/her premises so as to cause nuisance or danger to any
person in his/her neighborhood;

(e) to take action on the persons who are cruel against


animals in any manner, as per the provisions of the Central Act 59 of 1960.
Prevention of Cruelty to Animals Act, 1960.

160. (1) The Municipality may take necessary measures to Control of


reduce stray animal population in the manner prescribed, animals.
and make arrangements so that un-licensed pigs, dogs or
any other domestic animal are not left unattended, staying
116 [Act No.11 of 2019]

within the Municipality are to be handed over to the Animal


Protection Committees or any other agency.

(2) Whoever keeps any pigs, dogs or any other


domestic animal in any place within the municipal limits
without permission or otherwise than in accordance with the
terms thereof, shall be punished with fine as may be
prescribed by the Government:

Provided that if there is a situation which leads to


endangering of human life or outbreak of epidemic
diseases, or a situation leading to such outbreak due to
proliferation of stray dogs, pigs, or any other animal, the
Commissioner shall take suitable action to restrain such
animals in the manner as may be prescribed.

PROHIBITION OF NUISANCES

Prohibition of 161. (1) The Municipality shall take steps to remove, put
Nuisances. down and abate all nuisances affecting public peace,
tranquility, public safety, public health, morals and decency
within its jurisdiction on public or private premises, and may
proceed at law against any person committing any such
nuisances for the abatement thereof and for damages.

(2) No person shall,-

(a) unauthorizedly affix upon any building,


monument, post, wall, fence, tree or other public place, any
bill, notice or other document, or

(b) deface, or write upon, or otherwise mark on any


building, monument, post, wall, fence, tree or other public
place, or

(c) litter the public places, streets, roads, parks,


playgrounds and other such places, or
[Act No.11 of 2019] 117

(d) carry rubbish, filth or other polluted and


obnoxious matter along any route in contravention of any
prohibition made in this behalf by the authority, or

(e) bury or cremate or otherwise dispose of any


corpse at a place not licensed for the purpose, or

(f) disturb public peace or order in violation of sound


pollution control, or

(g) cause pollution of air in violation of air pollution


control order, if any, or

(h) cause obstruction to the movement of vehicular or


pedestrian traffic without permission from the competent
authority, or

(i) affix indecent or obscene pictures or printed or


written matter or any poster, bill, notice or other paper or
means of advertisement against or upon any street,
building, wall, tree, board, fence or pole or writes upon,
spoils, defaces or marks any such building, wall, tree,
board, fence or place with chalk or paint or any other way
whatsoever, or

(j) quarry, blast, cut timber or carry on building


operations in such manner as to cause, or likely to cause
danger to persons passing by, or dwelling or working in the
neighborhood.

(3) Any person who fails to comply with any order under
this sub-section shall be liable for fine in addition to penal
action, as prescribed.
118 [Act No.11 of 2019]

ENVIRONMENTAL MANAGEMENT

Control of 162. Subject to the provisions of any law relating to air,


pollution. water or noise pollution, for the time being in force, and in
accordance with any notification by the State Government in
that behalf, the Municipality may function as a competent
authority for the enforcement of such law:

Provided that recovery of charges and imposition of


penalty, is levied on those persons who are directly
responsible for causing pollution of any kind referred above
as prescribed by the Government.

DISASTER MANAGEMENT

Management of 163. (1) The municipality shall, as far as possible, in


disaster. collaboration with the concerned authorities of the Central
Government or the State Government, including the
meteorological office, prepare environmental base maps on
emergency and disaster management and impact area
diagrams, and shall collect other relevant data and take
necessary steps for erecting installations and other
accessories required to mitigate the effects of any disaster.

(2) The Municipality may organize emergency


operations, and promote public awareness in relation to
disaster management.

(3) The Municipality may take adequate measures to


implement the regulations, if any, made by the Government
to mitigate the effects of disaster, and promote citizen
awareness in this regard.

(4) The Municipality shall prepare a Fire-hazard


Response and Mitigation Plan every year as prescribed by
the State Government through consultative process.
[Act No.11 of 2019] 119

(5) A fire and safety audit shall be carried out in places


of public congregations including religious places, schools,
cinema halls, commercial complexes and schools in the
manner prescribed and the report shall be uploaded in
public domain. The municipality shall give directions to the
concerned to carry out rectifications wherever necessary
and in the manner prescribed.

164. (1) The Municipality shall ensure the safety of the Ensuring safety of
engineering staff, construction workers, and persons engineering staff
engaged in carrying out all engineering works, by ensuring and workers.
that they are provided with safety equipment, and that they
carry out works with safety norms as prescribed.

(2) This provision shall also apply to works which are


carried out by contractors and other private agencies on
behalf of municipalities, and such works also include
sanitation, sewerage, water supply and waste management.

VITAL STATISTICS

165. (1) All Births and deaths registration in the municipality, Registration of
subject to the provisions of the Registration of Births and births and deaths
Deaths Act, 1969, is compulsory and it shall be the and their
reporting.
responsibility of the Authority to ensure cent percent Central Act 18 of 1969.
registration in the manner prescribed. The information will
be captured, documented and be reported to the
Government in the manner prescribed.

(2) The Municipal Commissioner or any other officer


authorized shall be the Chief Registrar of Births and Deaths
occurring in the Municipal area.

(3) The Municipal Commissioner shall appoint such


number of persons to be Registrars of Births and Deaths as
he deems necessary and shall define the respective areas
which shall be under the charge of such Registrars.
120 [Act No.11 of 2019]

(4) Details of all births and deaths shall be available in


public domain and required certificate can be obtained in
the manner prescribed.

Registration of 166. When the birth of any child has been registered without
name of child or a name, and when a name is given to it, or, the name, if any,
of alteration of
by which it was registered, is to be altered, the parent or the
name.
guardian of such child or other person giving the name or
proposing to alter the name may, within the time frame and
in the manner as prescribed enter the name mentioned as
having been given to the child or altered.

Correction of 167. (1) Any clerical error, which may, at any time, be
errors in registers discovered in a register of births or register of deaths, may
of births or
deaths.
be corrected by any person authorized in this behalf by the
Municipal Commissioner.

(2) An error of fact or substance in any such register if


occurred due to typing or clerical mistake, may be corrected
by any person authorized as aforesaid by entry in the
margin, without any alteration of the original entry, upon
request by the concerned without insisting on any
declaration by the Municipal Commissioner or the person
requiring such error to be corrected.

(3) Correction or change of details, if any, from original


application shall require a declaration (setting forth the
nature of the error and the fact of the case) on oath made
before a Magistrate, by the person required by this Act to
give information concerning the birth or death with reference
to which the error has been made or, in default of such
person, by a person having knowledge of the case.

(4) Except as provided in sub-section (2), no alteration


shall be made in any such register.
[Act No.11 of 2019] 121

168. It shall be the duty of the father or the mother of every Information of
child born in the municipal area and, in default of the father births.
or the mother, of any relative, of the child living in the same
premises and, in default of such relative, of the person
having charge of the child, to give, to the best of his or her
knowledge and belief, to the Registrar of the area
concerned within eight days after such birth, information
containing such particulars as may be prescribed in this
behalf.

169. It shall be the duty of the nearest relative present at the Information
time of the death or in attendance during the last illness of regarding deaths.
any person dying in the municipal area and, in default of
such relative, of any person present or in attendance at the
time of the death and of the occupier of the premises in
which, to his knowledge, the death took place and, in
default of the person as aforesaid, of each inmate of such
premises and of the caretaker or other person causing the
corpse of the deceased person to be disposed of, to give, to
the best of his knowledge and belief, to the Registrar of the
area within which the death took place information
containing such particulars as may be prescribed within
twenty-four hours of such death:

Provided that,–

(a) if the cause of death is known to be a dangerous


disease, the information as aforesaid shall be given within
twelve hours of its occurrence, and

(b) if the death of any person occurs in a hospital or a


nursing home or a maternity home, it shall be the duty of
none but the medical officer or other officer-in-charge
thereof to forward forthwith a report of such death in such
form as the Chief Registrar may, from time to time, specify.
122 [Act No.11 of 2019]

Duties of police in 170. It shall be the duty of the police to convey every
regard to unclaimed corpse to a registered burial or burning ground
unclaimed
corpses. or other place for disposal of the dead or to a duly
appointed mortuary and, thereafter, to inform the Registrar
within whose jurisdiction such corpse was found.

CHAPTER V
TOWN PLANNING

Planned 171. (1) There shall be, in every Municipality, and in a


Development. defined time frame, a Master Plan comprising of a detailed
planning scheme, land pooling scheme, local area plan
having components of Water Supply Network Plan,
Drainage and Sewerage Plan, Sanitation Plan, Urban green
spaces Plan, and Traffic & Transport Plan as prescribed in
Act No.VII of 1920. the Telangana Town Planning Act, 1920 and the Telangana
Act No.1 of 1975. Urban Areas (Development) Act, 1975 and such a plan shall
be the guiding principle for overall development of the town.

(2) For securing planned development of areas in


Municipalities, a Detailed Planning Scheme or Local Area
Plan shall be prepared for specific areas as identified and
notified, and as prescribed in the Telangana Town Planning
Act, 1920. Detailed Planning scheme shall be prepared in
conformity with Master Plan or Indicative Land Use Plan, if
any, and shall have ecologically sensitive areas earmarked,
and shall have detailed Road Network Plan, Urban Green
Spaces Plan, Drainage Plan, Water Trunk Lines, Rain Water
Harvesting Structures and Solid Waste Management among
the other as prescribed.

DEVELOPMENT OF LAND AND CONSTRUCTION OF


BUILDING

Development of 172. (1) Any individual or developer intending to develop a


Land and Making layout shall duly providing infrastructure and other amenities
of Layout.
within the timeframe as prescribed, and pay the layout fee,
[Act No.11 of 2019] 123

development charges and other fees, as prescribed apply


for its approval online in a manner prescribed and get it
approved.

(2) The layout owner shall reserve certain percentage of


the land towards open space, parks, playgrounds, common
parking place and social infrastructure for Solid Waste
Management in the layout, as prescribed.

The common parking area shall be developed by the


developer for the said purpose only.

(3) Certain percentage of plotted area, as prescribed, for


an amount equivalent to carrying out infrastructure works,
shall be mortgaged with the municipality and shall be
released upon completion of all infrastructure and amenities
and other works, as stipulated and certified in the manner
prescribed.

(4) All the layout proposals shall comply and conform to


the Master Plan and Detailed Planning Scheme or Local
Area Plans regarding land use, road network and
reservation of land for public purpose.

(5) The applications for Layouts will be processed


through the Self-Certification System in accordance with the
Layout rules, and as notified in the Master Plan or Detailed
Planning Scheme or Local Area Plan, in the manner as
prescribed. Once all requisite documents are submitted and
required fee is paid through a web-based online system, the
Tentative Layout Plan shall be approved within a period of
21 days and will be communicated online in order to carry
out the infrastructure activities and provision of amenities in
the defined time frame.

(6) There shall be a District Level Committee which will


verify, in the manner prescribed, the actual development
124 [Act No.11 of 2019]

and implementation of the layout and whether it is in


conformity with the tentative layout approval as given in sub-
section (5).

(7) The Owner or Developer of the layout sanctioned,


shall complete the infrastructure and amenities and other
works within a period of two years from the date of approval
of the Tentative Layout Plan.

(8) If the developer fails to execute the required works


within the said time period, the Commissioner shall get the
left-over works executed within a year from the time of
default, and shall meet the expenses incurred for executing
such works by selling mortgage plots for an equivalent
value. In such an eventuality, the owner or developer shall
be blacklisted in the manner as prescribed, and shall not be
allowed to undertake any further layout development works
in the entire State, either individually or in partnership or in
any other manner.

(9) The Government may constitute a Layout Approval


Committee for every district under the chairmanship of
District collector with Superintendent Engineers or Executive
Engineers of Roads and Buildings Department, Panchayati
Raj Department and Irrigation Department to process the
application for Approved Layout Plan, in the manner as
prescribed.

(10) All Roads and Open Spaces, such as Parks, Open


Spaces and Playgrounds, common parking area and other
such open spaces as earmarked in a Layout, shall be
registered, free of cost and free from all encumbrances, in
the name of municipality, and shall vest with the
Municipality. The Commissioner shall maintain a record of
all such Open Spaces vested with the Municipality.
[Act No.11 of 2019] 125

(11) Upon completion of the layout, the owner or


developer, shall submit online application along with the
Self Certification duly attested by Licensed Technical
Personnel, in a manner as prescribed declaring that the
development in the layout is as per norms. The developer
shall also register all the roads and open spaces in the
layout in favor of Municipality. This is a pre-condition to be
eligible to get the final layout approval. Based on the Self
Certification of completion and upon registering the open
spaces including roads in favor of the municipality, the
approved layout plan shall be processed and approved by
the layout approval committee constituted under sub-
section (9) and shall be issued online to the developer.

(12) The Municipal Commissioner, after the issue of the


approved layout plan under sub-section (11) of this section,
shall release the area mortgaged within 21 days in the
manner as prescribed.

(13) The Developer or Occupiers of all Unapproved or


Unauthorized Layouts, as on the date of commencement of
this Act, shall apply to the Commissioner within a year and
shall cause or carry out necessary development in the
manner and within the specified time period as prescribed.
Failure to comply this will make these layouts unauthorized,
and the Commissioner shall provide any amenity, as
required, on a cost basis.

(14) Any transaction involving land that is a part of the


earmarked open space or set apart for public purpose, shall
be illegal, and any owner or developer who sells or claims
such land for any use shall be penalized and punished, in
the manner prescribed, including imprisonment for a period
not exceeding three (3) years.
126 [Act No.11 of 2019]

(15) In case, the layout was obtained by making a false


statement or misrepresentation of any material facts, the
same shall be revoked as per the procedure as prescribed.

(16) No new plot or sub-division shall be registered by


Registration Authority unless it is approved by the authority
as per the provisions of this Act.

(17) The official concerned, who fails to take necessary


action within the prescribed period, shall be liable for
disciplinary action in the manner prescribed.

(18) Any person or developer who takes up


unauthorized development of land without obtaining
necessary permission, shall be liable either for punishment
with imprisonment for a term which may extend to three
years, or with fine which may extend to twenty five percent
(25%) of the value of land in question as fixed by the
Registration Department at the time of using the land.

(19) Government may constitute special task force at


the District level to take action against unauthorized layouts
in the manner as prescribed. The special task force at
District level shall inspect the unauthorized layouts and take
action against all such unauthorized layouts.

Integrated 173. (1) It is desirable that municipalities undertake


Townships. appropriate measures to have planned growth in the
municipality. One of the ways of systematic development is
to encourage the self contained townships based on the
“walk to work” concept wherein the distance between the
work place and residence is minimized. This also will bring
down pressure on roads and will also have more productive
time available with people. The State shall promote
comprehensive integrated townships prescribing minimum
threshold area.
[Act No.11 of 2019] 127

(2) The integrated townships will act as a hub containing


residential, office space, commercial, entertainment and
services, as prescribed and with planned infrastructure in
place.

(3) A set of appropriate incentives aimed at encouraging


builders or developers to develop such integrated townships
may be provided by the Government.

174. No piece of land shall be used as a site for the Approval of


construction of a building, and no building shall be Building
constructed or reconstructed, and no addition or alteration Permissions.
shall be made to an existing building without the self
certification based declarations or the required approval in
the manner prescribed, relating to the use of building sites
or the construction or reconstruction of buildings:

Provided that the Government may exempt certain


buildings from taking building permission under this section,
as in the manner prescribed.

(1) For plot size upto 75 square yards (63 square


meters), and the construction of ground or ground plus one
floor, will not require any permission; the applicant however
need to register online with a token amount of Rs.1 and duly
self certifying to this effect regarding the size of the plot and
floors; it shall also not require a completion certificate or
occupancy certificate. Any plot bigger than 75 sq yards
cannot be split for this purpose or this provision cannot be
misused for taking up constructions in Government or
prohibited or disputed land and action as prescribed shall
be initiated for violations noticed.

(2) Plot size upto 500 square meters and height upto 10
meters: The permission applications for all the individual
residential buildings having plot area of 500 square meters
and less and building height of 10 meters as specified, shall
128 [Act No.11 of 2019]

be processed through an online based Self-Certification


System in accordance with the Master Plan or Detailed
Planning Scheme or Local Area Plan and the building rules
and in the manner prescribed, and upon furnishing all
required information details shall get instant online approval.

(3) The onus to ensure authenticity of self-certification


and compliance with the self-certification lies with the
applicant, who shall be held personally accountable and
liable in case of false declaration and action shall be initiated
against the said person, as prescribed.

(4) The owner or developer shall along with the building


application form, submit an undertaking that in case of any
actual construction made by him or her in violation of
sanctioned plan, the Government or the Commissioner or
the Agency authorized by him or her shall take-up the
demolition without issuance of any notice. Further, the
District level committee may verify the documents so
submitted, and in case of any misrepresentation or false
statement, the action shall be taken as prescribed.

(5) Citizens shall be encouraged to bring to the notice of


municipality and district collector cases where unauthorized
construction or construction in violation of or in excess of
permissions, in a manner prescribed. The identity of such
informers shall be kept confidential. All such cases shall be
examined within a week from such information and
appropriate action initiated. The informant shall be
incentivized in all such cases where the information
furnished by him is found to be correct.

(6) Plot size above 500 square meters and height above
10 meters:- There shall be a single window system in case
of applications for building permission in plots of area above
500 square meters and height above 10 meters and all
Commercial buildings, High Rise Buildings, Group
[Act No.11 of 2019] 129

Development Schemes, Group Housing, Apartment


Complexes, Multiplexes, non residential buildings and other
such constructions, which require multiple NOCs, one
common application form shall be submitted through web
based online system as prescribed.

(7) The online application has to be submitted with all


requisite documents as prescribed. The online system shall
not accept the application unless all such documents are
submitted. Such documents upon submission shall be
examined by the single window committee set up for this
purpose and shortfalls or incompleteness or cases where
further information or clarification is needed shall be
communicated to the applicant within the 10 days from the
date of applying, in a manner prescribed.

(8) In all other cases, the applications for building


permissions accompanied by all valid and required
documents, as required and prescribed, shall be sanctioned
within 21 days and in the manner, as prescribed.

(9) If no order is issued on the building application


within the time prescribed, then the approval will be deemed
to have been issued, as prescribed. The official concerned
shall be liable for disciplinary action, if there has been a
delay in arriving at a decision within the time period.

(10) The permission issued under deemed clause can


be revoked by the commissioner within 21 days from the
date of deemed approval if it is found that deemed approval
has been obtained by misrepresentation of the facts or false
statements, and/or against the building rules, regulations
and Master Plan land use provisions.

(11) While examining the prima facie title, Municipal


Commissioner may consult District Collector or Revenue
Authorities to ascertain Government interest if any.
130 [Act No.11 of 2019]

(12) The Building Permission Fees and other Charges


shall be paid by the applicant, online at rates as prescribed
by the Government from time to time.

(13) The applicant shall commence the construction


work within 6 months from the date of issue of the Building
permission, and shall complete the same within 3 years in
case of Non-High Rise Buildings and within 5 years in case
of High-rise Buildings. He shall also upload the pictures of
commencement of construction within 6 months online.

(14) If the construction or reconstruction of any building


is not completed within the specified period, the permission
shall stand lapsed and a fresh application shall have to be
made, duly paying the charges, as prescribed.

(15) Mortgage of certain percentage: The applicant is


required to handover 10% of built up area in the ground
floor or first floor or second floor as the case may be to the
municipality by way of mortgage, as prescribed, before
release of permission. The individual residential buildings in
plots upto 200 square meters with a height upto 7 meters
are exempted from this section.

(16) The area so mortgaged will be released on


submission of completion certificate and Occupancy
Certificate as prescribed.

Occupancy 175. (1) In case of non-high rise buildings constructed in


Certificate. plots above 200 square meters and less than 500 square
meters, the Occupancy Certificate will be issued through
online based on the Self Certification submitted by the
Owner or Builder in the prescribed proforma duly attested
by the Licensed Technical Personnel, stating that the
building has been constructed as per the sanctioned plan
and as per rules and regulations in force.
[Act No.11 of 2019] 131

(2) The onus to ensure authenticity of self-declaration


and compliance with the Self-Certification lies on the Owner,
Applicant and Licensed Technical Personnel, who shall all
be held personally responsible and accountable in case of
false declaration, and the Owner, Applicant and the
Licensed Technical Personnel will be liable for punishment
as indicated in section 177.

(3) In case of High rise buildings and buildings


constructed in plots 500 square meters and above the
applicant shall submit online Self Certification in the
prescribed proforma duly attested by the Licensed
Technical Personnel, that the building has been constructed
as per the sanctioned plan and as per rules and regulations
in force and based on the Self Certification, Occupancy
Certificate and mortgage shall be issued within 15 days from
the date of receipt of application.

176. (1) If the proposal for Building Permission is affected by Preconditions for
any reservation of land for Public purpose such as Road, Building
Park, Nala Widening, Recreational on any other public Permissions.
person, as per the sanctioned Master Plan/ Detailed Town
Planning Scheme/ Local Area plan, the said portion of the
land shall be surrendered to local body free of cost and the
applicant shall be compensated by the equivalent built up
area in the balance portion of the land or by Transferable
Development Rights as prescribed.

(2) If the construction or reconstruction of any building


is not completed within the specified period, the permission
shall stand lapsed and a fresh application shall have to be
made, duly paying revised charges, as prescribed.

(3) All buildings of all sizes should have on-site


treatment systems (septic tank with soak away / twin leach
pit / decentralized treatment system / faecal sludge and
132 [Act No.11 of 2019]

septage) or connected to sewerage system, wastewater


treatment and recycling system, as prescribed.

(4) Energy Conservation Building Code or Green


Building Code or any other Energy and Water conservation
measures as deemed appropriate by the State Government,
shall be made applicable to buildings, as prescribed, on
plots above certain size and/or built-up area beyond a
certain area, as prescribed by the Government.

(5) Certain number of trees shall be planted in the open


area in the plot where building is being constructed, as
prescribed.

(6) It shall be mandatory to provide for the requisite


parking place, while constructing, depending upon the use
of building. Parking in buildings, places of public
convenience, commercial complexes, cinema halls and
other such places, as notified from time to time, shall be
provided free of charge to the users, as prescribed.

(7) All parking places except individual independent /


residential buildings shall be provided with Electric Vehicle
Charging infrastructure.

(8) No external roof, veranda, wall of a building shall be


constructed or reconstructed of grass, leaves, mats or other
inflammable materials, except with the permission of the
Commissioner.

(9) The Commissioner may revoke the Building


permission whenever it is found that it was obtained by
making false statement or misrepresentation of any material
fact or violation of rules, by duly following the procedures,
as prescribed.
[Act No.11 of 2019] 133

177. The onus to ensure authenticity of self-declaration and Penalty for


compliance with the self-Certification lies with the owner, misrepresentation
applicant and Licensed Technical Personnel. He/she will be of the facts.
held personally responsible and accountable in case of false
declaration, the applicant and the Licensed Technical
Personnel will be liable for punishment which includes
imprisonment up-to three years, levy of penalty, demolition
or taking over or sealing of the property without any notice
besides cancelling the Licenses of License Technical
Personnel (LTP) and forfeiting the mortgaged plots in case
of layout or mortgaged built up area flats in case of
buildings.

178. (1) Government may constitute special task force at the Enforcement.
district level to detect and monitor the unauthorized
constructions and take timely enforcement action in the
manner as prescribed.

(2) Upon detection of construction or reconstruction of


any building which has been commenced without obtaining
the permission of Commissioner or carried out or completed
otherwise than in accordance with the sanctioned Master
Plan or Detailed Town Planning Scheme or Local Area Plan
or in breach of any of the provisions of this Act, or any rule
or regulation or bye laws made under this Act, the
Commissioner or the Agency authorized by him shall take
up the demolition of the unlawfully executed work and
recover the cost incurred for doing so, from the owner.

(3) The Registration Authority shall not register any


Building or Structure or part of the Building without the
production of sanctioned plan approved by the Municipality.

(4) The electricity and water supply connection shall be


given to buildings which have obtained necessary
authorization in the manner as prescribed.
134 [Act No.11 of 2019]

(5) During the construction of the Building the owner or


Builder shall upload the photographs at different stages of
the construction as prescribed.

(6) Whenever a complaint or case is brought by any


Citizen regarding the unauthorized construction or
constructions in deviation to the sanctioned plan as
mentioned in section 174(5), it shall be examined within a
week from its receipt and necessary action initiated.

(7) The Commissioner shall stop the construction or


reconstruction of any building that endangers human life,
after obtaining the safety report and causing due diligence
from the appropriate authorities, as prescribed.

(8) The Commissioner shall take action on unlawful


building, as prescribed and shall issue orders to vacate or
demolish building in certain circumstances, as prescribed.

Town Planning 179. (1) The State Government shall appoint municipal
Building Tribunal. building tribunal or tribunals herein after referred to in the
section as “the tribunal” to hear and decide appeals arising
out of matters referred to and to adjudicate the offences
relating to contravenes of the provisions of the Act relating
to building regulations and land development in sections
172 to 193 of this Act, in accordance with such procedure
and to realize such fees or fines in connection with such
appeals as may be prescribed.

(2) The Tribunal shall consist of a chairperson and such


number of the other members not exceeding five as the
State Government may determine. The members shall
consist of judicial members and technical members. The
technical member shall be a person who is working in the
cadre of Director of Town and Country Planning in
Telangana Town Planning service.
[Act No.11 of 2019] 135

(3) The Chairperson or a judicial member shall be a


person who is or has been a District Judge.

(4) The Chairperson and other members of the Tribunal


shall be appointed by the State Government for such period
and on such terms and conditions as the State Government
may determine and shall be paid from the revenue of the
State Government in the manner as prescribed.

(5) The Tribunal shall have an establishment consisting


of such officers and other employees appointed on such
terms and conditions as may be prescribed and the
expenses of the tribunal shall be paid from the revenue of
the State Government.

(6) No court shall have jurisdiction in any matter for


which provision is made in this chapter for appeal to the
tribunal.

(7) The Tribunal shall consist of one person only who


shall be a judicial officer not below the rank of Subordinate
Judge.

(8) The Tribunal shall have the same powers as are


vested in a Civil Court under the Code of Civil Procedure, Central Act 5 of 1908.

1908.

(9) Each Tribunal shall have jurisdiction over such area


as the State Government may, by notification, from time to
time, determine.

(10) The Tribunal may, with the previous sanction of the


State Government appoint such officers and staff as it
considers necessary for carrying on its business, and the
remuneration and other conditions of service of such
officers and staff shall be as prescribed.
136 [Act No.11 of 2019]

Penalties. 180. (1) Penalty for unlawful Buildings,-

Notwithstanding anything contained in this Act, any


person who, whether at his own instance or at the instance
of any other person or anybody including a department of
the Government, undertakes or carries out construction or
development of any law in contravention of the statutory
Master Plan or without permission, approval or sanction or
in contravention of any condition subject to which such
permission, approval or sanction has been granted shall be
punished with imprisonment for a term which may extend to
three years, or either fine which may extend to twenty five
percent (25%) of the value of land or building including land
in question as fixed by the Registration Department at the
time of using the land or building:

Provided that the fine imposed shall, in no case be less


than fifty per cent of the said amount besides demolition of
the building and recovery of demolition cost from the owner
of the building.

(2) Penalty for parking violations,-

In case of buildings where the area earmarked for


parking is being put to other use, the municipal
commissioner shall levy a penalty on the Owner or
Developer, which may extend to twenty five percent (25%) of
the value of land or building including land in question as
fixed by the Registration Department at the time of using the
land or building:

Provided that the fine imposed shall, in no case be less


than fifty per cent of the said amount as prescribed.

Power to seal 181. (1) It shall be lawful for the Local Authority at any time,
unauthorized before or after making an order for the removal or
constructions /
development or
discontinuance of any unauthorized development of
premises embers
of Municipality.
[Act No.11 of 2019] 137

construction under section 178, to make an order directing


the sealing of such development or property, or taking the
assistance of the police, for the purpose of carrying out the
provision of the Act.

(2) Where any development or property has been


sealed, the Commissioner may, for the purpose of removing
or discontinuing such development or property, order such
seal to be removed.

(3) No person shall remove such seal except,-

(a) under an order made by the Municipal


Commissioner; or

(b) under an order of the Appellate Tribunal on the


appeal made in this behalf.

182. (1) If any structure appears to the Commissioner to be Dangerous


in a ruinous state and dangerous to the passersby or to the Structures,
occupiers of neighboring structures, he may, by notice, Precautions in
case of
require the owner or occupier to fence off, pull down or dangerous
repair such structures so as to prevent any danger structures.
therefrom.

(2) If immediate action is necessary, the Commissioner


shall himself, before giving such notice or before the period
of such notice expires, fence off, pull down or repair such
structures or fence off a part of any street or take such
temporary measures as he thinks fit to prevent danger and
the cost of doing so shall be recoverable from the owner or
occupier.

(3) If, in the opinion of the Commissioner, the said


structure is imminently dangerous to the inmates thereof, he
shall order the immediate help of any police officer.
138 [Act No.11 of 2019]

Construction of 183. No site shall be used for the construction of a building


Buildings for intended for public worship, if the construction of a building
Public Worship.
thereon will hurt the religious feelings of any class of
persons or is likely to disturb the law & order situation.

Building 184. The Commissioner shall dispose of the building


Permission for application for construction or establishment of any factory,
Industries and
Factories.
workshop, work place, as listed and as per the provisions of
Telangana Act 3 of the Telangana State Industrial Project Approval and Self
2014. Certification System (TS- iPASS) Act, 2014, through online
mode, as prescribed.

Removal of 185. (1) All streets and roads vested in, or to be vested in, or
Encroachments maintained by Municipality, shall be open to all persons.
on Streets.

(2) No door, gate, bar, ground floor window or any other


projections shall be hung or placed so as to open outwards
upon any street, or causing of obstruction of any sort by
anyone will not be permitted.

(3) The Commissioner shall cause to remove or alter


any such projection, encroachment or obstruction.

(4) No decision made or order passed or proceeding


taken, by the Commissioner effecting removal of
encroachments, shall be called in question before a civil
court in any suit, application or other proceeding, and no
injunction shall be granted by any court.

(5) The Commissioner shall evict certain persons from


municipal properties with the support of Police or
enforcement team, as prescribed.

(6) The Commissioner shall remove unauthorized


advertisement hoardings erected, exhibited or fixed or
retained upon or over any land streets, building, wall, or
[Act No.11 of 2019] 139

structure, and shall collect removal of such hoardings and


other such means of advertisements.

(7) If any obstruction is caused in any street by fall of


trees, structures or fences, the owner or occupier of the
premises concerned shall remove within 12 hours of the
occurrence of such fall or within such period as the
Commissioner shall by notice, allow or clear the street of
such obstructions.

186. (1) Water bodies and green spaces located within the Protection of
municipal area shall be protected in the manner, as Water Bodies,
Green Spaces
prescribed.
and Heritage
Structures / Areas.
(2) Heritage structures or Areas or Precincts notified
under Telangana Heritage (Protection, Preservation, Telangana Act 22 of
Conservation and Maintenance) Act, 2017 shall be 2017.
protected, conserved and maintained in the manner as
prescribed in the said Act.

187. Restaurants, hotels, hospitals, shopping complexes, Usage of Toilet


and places of public congregation and other such buildings Facilities.
or institutions as prescribed shall allow usage of toilet
facilities to general public, specially women, aged people
and children, in the manner prescribed.

188. The Commissioner shall ensure an enforceable Code Code of Conduct


of Conduct to regulate certified Architects or Engineers and for Licensed
Licensed Technical Personnel (LTP). The licenses of LTP Technical
Personnel.
shall be cancelled and their name shall be blacklisted in
case of misrepresentation or false statement or certification
of drawings made in violation of Zoning Regulations and
Building Rules.

189. The Commissioner shall take all steps to provide for Plan for Bus Bays
bus bays and waiting arenas scientifically so that they do and Waiting
not cause traffic obstruction. Arenas.
140 [Act No.11 of 2019]

Safety of 190. The Commissioner shall initiate all necessary measures


pedestrians. to cause ease and convenience for pedestrians including
construction of footpaths, street furniture, rest places and
shall work for the public safety for pedestrian especially
those crossing the roads and for pedestrian safety.
Necessary markings on roads at all such points to enable
pedestrian crossing shall be done.

Safety of all 191. (1) All existing commercial or institutional or school


existing buildings or hostels or other such structures or places of
structures.
public congregation, such as hotels, temples and religious
places or hospitals or theatres or restaurants, shall self-
certify their fire-safety and emergency exit plans within a
year from the introduction of this Act, and shall install all
necessary measures as required during this period to
comply with the safety standard.

(2) Any building not certified or having failed to install


fire safety or scientific exit plans shall be declared unsafe
and the management will have to make alternate
arrangements by vacating such structures. The Municipality
shall have the right to declare such structures unsafe and
take all necessary measures, as deemed appropriate,
including closure or sealing and demolition, wherever
necessary, to ensure public safety.

Naming of Streets 192. (1) The Municipality shall give name or alter the name
and Numbering of of public streets, in the manner prescribed, with the
Buildings.
approval of the Government.

(2) The Commissioner shall cause a number to be


affixed or painted to the side or outer door of any building to
some place at the entrance of the premises, as prescribed.

(3) The Commissioner shall take up naming and


numbering of streets and introduce digital unique property
numbering system.
[Act No.11 of 2019] 141

193. (1) The Commissioner shall regulate street vending Informal Sector
activity for public convenience and for informal sector by and Slum
Development.
earmarking places.

(2) The Commissioner shall identify all non-notified


slums for notification for development and improvement as
per the procedure prescribed by the Government from time
to time.

(3) The Commissioner shall conduct a survey of the


notified slums for de-notification, as prescribed by the
Government from time to time.

CHAPTER-VI
STATE ELECTION COMMISSION AND CONDUCT OF
ELECTIONS

194. (1) The preparation of electoral rolls for and the State Election
conduct of elections to all municipalities in the State shall be Commission.
under the superintendence, direction and control of the
State Election Commission.

(2) All elections to the Municipalities shall be held under


the supervision and control of the State Election
Commission and for this purpose, it shall have power to give
such directions as it may deem necessary to the
Commissioner and Director of Municipal Administration,
District Collector, Commissioner of Municipality or any
officer or servant of the Government and of the
Municipalities so as to ensure efficient conduct of elections
under this Act.

(3) For the purposes of this section, the Government


shall provide the State Election Commission with such staff
as may be necessary.
142 [Act No.11 of 2019]

(4) On the request of the State Election Commission, the


State Government shall place at the disposal of the
Commission such staff of the State Government and
Municipalities for the purpose of preparation of electoral
rolls and conduct of elections under this Act.

(5) The State Election Commissioner may, subject to


control and revision, delegate his powers to such officers,
as he may deem necessary.

Election 195. (1) The State Election Commission shall issue the
notification. Notification and Schedule for general election and elections
for casual vacancies in all Municipalities and Municipal
Corporations. The Schedule and the dates on which
elections will be conducted, shall be decided, by the State
Election Commission in concurrence with the State
Government, which has to consider matters pertaining to
law and order situation, internal security, security personnel,
central armed police forces and the logistics of their
deployment, availability of staff for election related duties,
availability and procurement of election related material and
premises for polling and counting, conduct of elections to
other legislative and statutory bodies, natural calamities and
seasonal conditions including drinking water situation and
agricultural season, major fairs and festivals, education
calendar and examinations in schools and colleges, likely
onset of any epidemic diseases, operations relating to
collection of vital statistics like census or any other
enumeration, and matters involving public interest and any
other administrative exigencies:

Provided that in cases of multiple phases, the schedule


of each phase shall have a gap of not more than five days
from each other.

(2) For the purpose of holding elections to fill ordinary or


casual vacancies, the State Election Commission shall, by
[Act No.11 of 2019] 143

notification under sections 15 and 16, call upon such date or


dates, as may be specified therein, the voters of the
Municipalities, to elect ward member in accordance with the
provisions of the Act, the rules and orders, if any, made
thereunder.

(3) The notification shall specify the time schedule for


various stages of the elections to fill the ordinary or casual
vacancies, which shall be as follows from the date of
election notice referred in sub-section (2):-

(a) Nomination shall be filed Within a period of


three days (including
the day of notice)
upto 5.00 p.m.
(whether or not it is a
holiday)

(b) Scrutiny of nominations shall On the fourth day


be completed (whether or not it is a
holiday)

(c) Appeal against rejection of On the fifth day upto


nomination shall be filed, 5.00 p.m. (whether or
before the District Election not it is a holiday)
Authority or Additional
District Election Authority or
Deputy District Election
Authority as authorized by
District Election Authority
concerned.

(d) Disposal of appeal against On the sixth day


rejection of nomination by before 5.00 p.m.
the District Election Authority (whether or not it is a
concerned or Additional holiday)
District Election Authority or
144 [Act No.11 of 2019]

Deputy District Election


Authority as authorized by
District Election Authority
concerned.

(e) Withdrawal of candidatures On the seventh day


shall be allowed. upto 3.00 p.m.
(whether or not it is a
holiday).

(f) Publication of final list of On the seventh day


contesting candidates. itself, after the
withdrawal of
candidatures (whether
or not it is a holiday).

(g) Polling shall be held, On the fifteenth day


wherever necessary. (whether or not it is a
holiday).

(h) Counting of votes and On the date and time


declaration of results. appointed by the
State Election
Commission.

(4) The Returning Officer appointed for the purpose of


conducting elections to Municipality shall as per the above
time schedule specified by the State Election Commission
issue the election notice for election of the ward members of
Municipality and the time schedule shall commence from
that date.

(5) The State Election Commission shall issue the


election notification for election of the Chairperson and Vice-
Chairperson and the time schedule shall commence from
that date.
[Act No.11 of 2019] 145

195-A. (1) The electoral roll for a municipality shall be Preparation and
prepared and published by the person authorised by the publication of
State Election Commissioner in such manner by reference electoral roll for a
Municipality.
to such qualifying date as may be prescribed and the
electoral roll for a municipality shall come into force
immediately upon its publication in accordance with the
rules made by the Government in this behalf. The electoral
roll for a municipality shall consist of such part of the
electoral roll for the Assembly constituency published under
the Representation of the People Act, 1950 as revised or
amended under the said Act, up to the qualifying date as
relates to a municipality or any portion thereof:

Provided that any amendment, transposition or deletion


of any entries in the electoral roll, or any inclusion of names
in the electoral roll of the Assembly Constituencies
concerned, made by the Electoral Registration Officer under
section 22 or section 23, as the case may be, of the
Representation of the People Act, 1950, up to the date of
election notification, for any election held under this Act,
shall be carried out in the electoral roll of the municipality
and any such names included shall be added to the part
relating to the concerned ward.

Explanation:- Where in the case of any Assembly


Constituency there is no district part of the electoral roll
relating to the municipality, all persons whose names are
entered in such roll under the registration area comprising
the municipality and whose addresses as entered are
situated in the municipality shall be entitled to be included in
the electoral roll for the municipality prepared for the
purposes of this Act.

(2) The electoral roll for a municipality,-

(a) shall be prepared and published in the prescribed


manner by reference to the qualifying date,-
146 [Act No.11 of 2019]

(i) before each ordinary election; and

(ii) before each casual election to fill a casual


vacancy in the office of the Mayor/Chairperson or Member
of the Municipality; and

(b) shall be prepared and published, in any year, in


the prescribed manner, by reference to the qualifying date, if
so, directed by the State Election Commission:

Provided that if the electoral roll is not prepared and


published as aforesaid, the validity, or continued operation
of the said electoral roll, shall not thereby be affected.

(3) When a municipality has been divided into Wards,


the Electoral Roll for the Municipality shall be divided into
separate lists for each ward.

(4) Where after the electoral roll for a municipality or any


alteration thereto have been published under sub-section
(2), the Municipality is divided into Wards for the first time or
the division of the Municipality into wards is altered or the
limits of the Municipality are varied, the person authorised
by the State Election Commission in this behalf shall, as
soon as may be after such division or alteration or variation,
as the case may be, in order to give effect to the division of
the Municipality into wards or to the alteration of the
variation of the limits, as the case may be, authorise a re-
arrangement and republication of the electoral roll for the
Municipality or any part of such roll, in such manner as the
State Election Commission may direct.

(5) The electoral roll published under sub-section (1) or


as the case may be under sub-section (4) shall be the
electoral roll for the municipality and it shall remain in force
till a fresh electoral roll for the municipality is published
under this Section.
[Act No.11 of 2019] 147

(6) Every person whose name appears in that part of the


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

(7) No person shall vote at an election under this Act in


more than one ward or more than once in the same ward
and if he does so, all his votes shall be invalid.

Explanation:- In this section, the expression “Assembly


Constituency” shall mean a constituency provided by law for
the purpose of elections to the Telangana Legislative
Assembly.

196. Notwithstanding anything contained in this Act or the Voting Machines


rules made thereunder, the giving and recording of votes by at elections.
voting machines in such manner as may be prescribed, may
be adopted in such ward or seats as the State Election
Commission may, having regard to the circumstances of
each case, specify.

197. The State Election Commission shall by notification, Symbols for


specify the symbols that may be chosen by candidates elections under
contesting any election under this Act and the restrictions to the Act.
which their choice shall be subject:

Provided that the State Election Commission shall not in


the case of elections to Municipalities allot to any contesting
candidate any symbol reserved for a recognized political
party or a registered political party. The State Election
Commission shall allot symbols reserved for a recognized
political party or a registered political party where any
candidate is setup by such political party.
148 [Act No.11 of 2019]

Voter identity 198. With a view to prevent impersonation of electors,


cards. provision may be made by rules made under this Act, for the
production before the Presiding Officer of a polling station
by every such elector, of his identity card before the delivery
of a ballot paper or ballot papers to him, the identity card of
which has been supplied with a photograph attached
thereto by the electoral registration officer under the
Registration of Electors Rules, 1960 made under the
Central Act 43 of 1950. Representation of the People Act, 1950.

Injunctions not to 199. No proceeding which is being or about to be taken


be granted in under this Act for the preparation or publication of any
Election
Proceedings. electoral roll or for the conduct of any election shall be
called in question in any Court, in any suit, or application,
and no injunction shall be granted by any Court restraining
any action in this regard.

Requisitioning of 200. (1) If it appears to the State Election Commissioner that


premises and in connection with any election held under this Act,-
vehicles for
election purposes.
(a) any premises is/are needed for or likely to be
needed for the purpose of being used as a polling station or
for the storage of ballot boxes after a poll has been taken; or

(b) any vehicle is needed or is likely to be needed for


the purpose of transport of personnel or ballot boxes to or
from any polling station, or transport of members of the
police force for maintaining law and order, during the
conduct of such election, or transport of any officer or other
person for performance of any duties in connection with
such election, the State Election Commissioner may, by
order in writing, requisition such premises or such vehicle,
as the case may be, and may make such further orders as
may appear to him to be necessary or expedient, in
connection with the requisitioning:
[Act No.11 of 2019] 149

Provided that no vehicle which is being lawfully used


by a candidate or his agent for any purpose, connected with
election of such candidate shall be requisitioned under this
sub-section until the completion of the poll at such election.

(2) The requisition shall be effected by an order in


writing addressed to the person deemed by the State
Election Commissioner to be the owner or person in
possession of the property and such order shall be served
in the prescribed manner on the person to whom it is
addressed.

(3) Whenever any premises is requisitioned under sub-


section (1) the period of such requisition shall not be
extended beyond the period for which such property is
required for any of the purposes mentioned in that sub-
section.

Explanation:- For purposes of this section ‘premises’


means any land, building or part of a building and includes
a hut, shed or other structure or any part thereof and
‘vehicle’ means any vehicle used or capable of being used
for the purpose of road transport, whether propelled by
mechanical power or otherwise.

201. (1) Whenever in pursuance of section 200, the State Payment of


Election Commissioner requisitions any premises, there compensation.
shall be paid to the person interested compensation the
amount of which shall be determined by taking into
consideration the following factors, namely:-

(i) the rent payable in respect of the premises or if no


rent is so payable, will be the rent payable for similar
premises in the locality;

(ii) if in consequence of the requisition of the


premises the person interested is compelled to change his
150 [Act No.11 of 2019]

residence or place of business, the reasonable expenses, if


any, incidental to such change:

Provided that where any person interested being


aggrieved by the amount of compensation so determined
makes an application within the prescribed time to the State
Election Commissioner for referring the matter to an
arbitrator appointed by him, the amount of compensation to
be paid shall be determined by this arbitrator:

Provided further that where there is any dispute as to


the title to receive the compensation or as to the
apportionment of the amount of compensation, it shall be
referred by the State Election Commissioner to an arbitrator
appointed by him for determination and decision of the
arbitrator shall be final.

Explanation:- In this sub-section, the expression “person


interested” means the person who was in actual possession
of the premises requisitioned under section 200 immediately
before the requisition or where no person was in such actual
possession, the owner of such premises.

(2) Whenever in pursuance of section 200, the State


Election Commissioner requisitions any vehicle, there shall
be paid to the owner thereof compensation, the amount of
which shall be determined by the State Election
Commissioner on the basis of the fares or rates prevailing in
the locality for the hire of such vehicle:

Provided that where the owner of such vehicle, being


aggrieved by the amount of compensation so determined,
makes an application within the prescribed time to the State
Election Commissioner for referring the matter to an
arbitrator appointed by him, the amount of compensation to
be paid shall be determined by this arbitrator:
[Act No.11 of 2019] 151

Provided further that where immediately before the


requisitioning, the vehicle was by virtue of a hire purchase
agreement, in the possession of a person, other than the
owner, the amount determined under this sub-section as the
total compensation payable in respect of the requisition
shall be apportioned between that person and the owner in
such manner as they may agree upon, and in default of
agreement, in such manner as the arbitrator appointed by
the State Election Commissioner in this behalf may decide.

202. The State Election Commissioner may with a view to Power to obtain
requisitioning any property under section 200 or information.
determining the compensation payable under section 201
by order, require any person to furnish to such authority as
may be specified in the order; such information in his
possession relating to such property as may be specified.

203. (1) Any person remaining in possession of any Eviction from


requisitioned premises in contravention of any order made requisitioned
under section 200 may summarily be evicted from such premises.
premises by an officer empowered by the State Election
Commissioner in this behalf.

(2) Any officer so empowered may, after giving to any


woman not appearing in public, reasonable warning and
facility to withdraw, remove or open any lock or bolt or break
open any door of any building or do any other act necessary
for effecting such eviction.

204. If any person contravenes any order made under Penalty for
sections 200 to 203, he shall be punishable with contravention of
imprisonment for a term, which may extend to one year or any order
regarding
with fine or with both. requisitioning.
152 [Act No.11 of 2019]

CORRUPT PRACTICES AND ELECTION OFFENCES

Corrupt practices. 205. The following shall be deemed to be corrupt practices


for the purposes of this Act:-

(1) Bribery, that is to say,-

(i) any gift, offer or promise by a candidate or his


agent or by any other person with the consent of a
candidate or his election agent, of any gratification, to any
person whomsoever, with the object, directly or indirectly of
inducing,

(a) a person to stand or not to stand as or to


withdraw or not to withdraw from being a candidate at an
election; or

(b) an elector to vote or refrain from voting at an


election, or as reward to,

(ii) a person for having so stood or not stood, or for


having withdrawn or not having withdrawn his candidature;
or

(iii) an elector for having voted or refrained from


voting.

(2) The receipt of or agreement to receive, any


gratification, whether as a motive or a reward,-

(a) by a person for standing or not standing as or for


withdrawing or not withdrawing from being a candidate; or

(b) by any person whomsoever for himself or any


other person for voting or refraining from voting or inducing
or attempting to induce any elector to vote or refrain from
[Act No.11 of 2019] 153

voting, or any candidate to withdraw or not to withdraw his


candidature.

Explanation:- For the purposes of this clause, the term


“gratification” is not restricted to pecuniary gratification or
gratifications estimable in money and it includes all forms of
entertainment and all forms of employment for reward but it
does not include the payment of any expenses bonafide
incurred at, or for the purpose of any election and duly
entered in the account of election expenses.

(3) Undue influence, that is to say, any direct or indirect


interference or attempt to interfere on the part of the
candidate or his agent, or of any person with the consent of
the candidate or his election agent with the free exercise of
any electoral right:

Provided that,-

(a) without prejudice to the generality of the


provisions of this clause any such person as is referred to
thereon, who,-

(i) threatens any candidate or any elector or any


person in whom a candidate or an elector is interested, with
injury of any kind including social ostracism and
excommunication or expulsion from any caste or
community; or

(ii) induces or attempts to induce a candidate or an


elector to believe that he, or any person in whom he is
interested will become or will be rendered an object of
divine displeasure or spiritual censure, shall be deemed to
interfere with the free exercise of the electoral right of such
candidate or elector within the meaning of this clause;
154 [Act No.11 of 2019]

(b) a declaration of public policy, or a promise of


public action, or the mere exercise of a legal right without
intent to interfere with an electoral right, shall not be
deemed to be interference within the meaning of this clause.

(4) The appeal by a candidate or his agent or by any


other person with the consent of a candidate or his election
agent to vote or refrain from voting for any person on the
ground of his religion, race, caste, community or language
or the use of, or appeal to religious symbols or the use of, or
appeal to national symbols of the prospects of the election
of that candidate or for prejudicially affecting the election of
any candidate:

Provided that no symbol allotted under this Act to a


candidate shall be deemed to be a religious symbol or a
national symbol for the purposes of this clause.

(5) The promotion of, or attempt to promote feelings of


enmity or hatred between different classes of the citizens of
India on grounds of religion, race, caste, community or
language by a candidate or his agent or any other person
with the consent of a candidate or his election agent for the
furtherance of the prospects of the election of that candidate
or of prejudicially affecting the election of any candidate.

(6) The publication by a candidate or his agent or by


any other person, with the consent of a candidate or his
election agent or any statement of fact which is false, in
which he either believes to be false, or does not believe to
be true in relation to the personal character or conduct of
any candidate or in relation to the candidature, or
withdrawal of any candidate, being a statement reasonably
calculated to prejudice the prospects of that candidate’s
election.
[Act No.11 of 2019] 155

(7) The hiring or procuring, whether on payment or


otherwise of any vehicle or vessel by a candidate or his
agent or by any other person with the consent of a
candidate or his election agent or the use of such vehicle or
vessel for the free conveyance of any elector other than that
the candidate himself, the members of his family or his
agent to or from any polling station:

Provided that the hiring of a vehicle or vessel by an


elector or by several electors at their joint costs for the
purpose of conveying him or them to and from any such
polling station or place fixed for the poll shall not be deemed
to be a corrupt practice under this clause if the vehicle or
vessel so hired is a vehicle or vessel not propelled by
mechanical power:

Provided further that the use of any public transport


vehicle or vessel by any elector at his own cost for the
purpose of going to or coming from any such polling station
or place fixed for the poll shall not be deemed to be a
corrupt practice under this clause.

Explanation:- In this clause, the expression “vehicle”


means any vehicle used or capable of being used for the
purpose of road transport, whether propelled by mechanical
power or otherwise and whether used for drawing other
vehicles or otherwise.

(8) The incurring or authorizing of expenses in


contravention of various provisions under this Act.

(9) The obtaining or procuring or abetting or attempting


to obtain or procure by a candidate or his agent, or by any
other person with the consent of a candidate or his election
agent, any assistance (other than the giving of vote) for the
furtherance of the prospects of that candidate’s election,
from any person in the service of the State, Central
156 [Act No.11 of 2019]

Government, local authority or a corporation owned or


controlled by the State or Central Government:

Provided that where any person, in the service of the


State or Central Government or a local authority in the
discharge or purported discharge of his official duty, makes
any arrangements or provides any facilities or does any
other act or thing, for or in relation to, any candidate or his
agent or any other person acting with the consent of the
candidate or his election agent (whether by reason of the
office held by the candidate or for any other reason), such
arrangements, facilities or acts or things shall not be
deemed to be assistance for the furtherance of the
prospects of that candidate’s election.

(10) Booth capturing by candidate or his agent or other


person.

Explanation:-

(i) in this section the expression agent includes an


election agent, a polling agent, and any person who is held
to have acted as an agent in connection with election with
the consent of the candidate,-

(a) a person shall be deemed to assist in the


furtherance of the prospects of a candidate’s election, if he
acts as an election agent of that candidate;

(b) for the purposes of clause (9) notwithstanding


anything contained in any other law, the publication in the
Telangana Gazette of the appointment, resignation,
termination of service, dismissal or removal from service of a
person in the service of the Government shall be conclusive
proof;
[Act No.11 of 2019] 157

(ii) of such appointment, resignation, termination of


service, dismissal or removal from service, as the case may
be; and

(iii) where the date of taking effect of such


appointment, resignation, termination of service, dismissal
or removal from service, as the case may be, is stated in
such publication, also of the fact that such person was
appointed with effect from the said date, or in the case of
resignation, termination of service, such person ceased to
be in such service with effect from the said date.

206. Whoever at an election applies for a ballot paper or Impersonation at


vote in the name of any other person, whether living or dead Elections.
or in a fictitious name or who having voted once at such
election applies at the same election for a ballot paper in his
own name, and whoever abets, procures or attempts to
procure the voting by any person in any such way shall be
punished with imprisonment for a term which may extend to
five years and with fine which may extend to five thousand
rupees.

207. (1) Where an offence under this Act has been Offences by
committed by a company, every person who at the time the Companies.
offence was committed, was in charge of and was
responsible to the company for the conduct of the business
of the company as well as the company shall be deemed to
be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:

Provided that nothing contained in this sub-section shall


render any such person liable to any punishment, if he
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
158 [Act No.11 of 2019]

(2) Notwithstanding anything contained in sub-section


(1) where any offence under this Act has been committed by
a company and it is proved that the offence has been
committed with the consent or connivance or is attributable
to any neglect on the part of any director, manager,
secretary or other officer of the company shall be deemed to
be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.

Explanation:- For the purposes of this section,-

(a) “company” means any body corporate and


includes a firm or other association of individuals; and

(b) “director” in relation to a firm means a partner in


the firm.

ELECTORAL OFFENCES

Promoting enmity 208. Any person who in connection with an election under
between classes this Act promotes or attempts to promote on grounds of
in connection with
election.
religion, race, caste, community or language, feelings of
enemity or hatred between different classes of the citizens of
India shall be punishable with imprisonment for a term
which may extend to three years and with fine which may
extend to three thousand rupees or with both.

Prohibition of 209. (1) No person shall,-


public meetings
before the date of
(a) convene, hold, attend, join or address any public
poll.
meeting or procession in connection with an election; or

(b) display to the public any election matter by means


of cinematography, television or other similar apparatus; or

(c) propagate any election matter to the public by


holding, or by arranging the holding of, any musical concert
[Act No.11 of 2019] 159

or any theatrical performance or any other entertainment or


amusement with a view to attract the members of the public
thereto, in any polling area during the period of forty-eight
hours prior to the hour fixed for the conclusion of the poll for
any election in that polling area.

(2) Any person who contravenes the provisions of sub-


section (1) shall be punishable with imprisonment for a term
which may extend to two years or with fine or with both.

(3) In this section, the expression “election matter”


means any matter intended or calculated to influence or
affect the result of election.

210. (1) Any person who at a public meeting to which this Disturbance at
section applies, acts or incites others to act in a disorderly election meetings.
manner for the purpose of preventing the transaction of the
business for which the meeting was called together, shall be
punishable with imprisonment which may extend to six
months or with fine which may extend to two thousand
rupees or with both.

(2) An offence punishable under sub-section (1) shall be


cognizable.

(3) This section applies to any public meeting of a


political character held in any Municipality between the date
of the issue of notification under this Act calling upon the
voters to elect a ward member or members and the date on
which such election is held.

(4) If any police officer reasonably suspects any person


of committing an offence under sub-section (1), he may, if
requested to do so by the presiding officer of the meeting
require that person to declare to him immediately his name
and address and, if that person refuses or fails so to declare
his name and address or if the police officer reasonably
160 [Act No.11 of 2019]

suspects him of giving a false name or address, the police


officer may arrest him without warrant.

Restrictions on 211. (1) No person shall print or publish or cause to be


the printing of
printed or published, any election pamphlet or poster which
pamphlets,
posters, etc. does not bear on its face the names and addresses of the
printer and the publisher thereof.

(2) No person shall print or cause to be printed any


election pamphlet or poster,-

(a) unless a declaration as to the identity of the


publisher thereof, signed by him and attested by two
persons to whom he is personally known, is delivered by
him to the printer in duplicate; and

(b) unless, within a reasonable time after the printing


of the document, one copy of the declaration is sent by the
printer, together with one copy of the document,-

(i) where it is printed in the capital of the State, to


the Election Authority; and

(ii) in any other case, to the District Magistrate of the


district in which it is printed.

(3) For the purpose of this section,-

(a) any process for multiplying copies of a document


other than copying it by hand, shall be deemed to be
printing and the expression “printer” shall be construed
accordingly; and

(b) “election pamphlet or poster” means any printed


pamphlet, hand-bill or other document distributed for the
purpose of promoting or prejudicing the election of a
candidate or group of candidates or any placard or poster
[Act No.11 of 2019] 161

having reference to an election, but does not include any


hand-bill, placard or poster merely announcing the date,
time, place and other particulars of an election meeting or
routine instructions to election agents or workers.

(4) Any person who contravenes any of the provisions of


sub-section (1) or (2) shall be punishable with imprisonment
for a term which may extend to six months or with fine which
may extend to two thousand rupees or with both.

212. (1) Every officer, clerk, agent or other person who Maintenance of
performs any duty in connection with the recording or secrecy of voting.
counting of votes at an election shall maintain, and aid in
maintaining the secrecy of the voting and shall not (except
for some purpose authorized by or under any law)
communicate to any person any information calculated to
violate such secrecy.

(2) Any person who contravenes provisions of sub-


section (1), shall be punishable with imprisonment for a term
which may extend to three months or with fine or with both.

213. (1) No person who is a District Returning Officer or Officers at


Returning Officer, or an Assistant Returning Officer or a elections not to
act for candidates
Presiding Officer or Polling Officer, at an election, or an
or to influence
officer or clerk appointed by the Returning Officer or the voting.
Presiding Officer to perform any duty in connection with an
election shall in the conduct or the management of the
election do any act other than the giving of vote for the
furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a


police force, shall endeavor,-

(a) to persuade any person to give his vote at an


election; or
162 [Act No.11 of 2019]

(b) to dissuade any person from giving his vote at an


election; or

(c) to influence the voting of any person at an election


in any manner.

(3) Any person who contravenes the provisions of sub-


section (1) or sub-section (2) shall be punishable with
imprisonment which may extend to six months or with fine
or with both.

Prohibition of 214. (1) No person shall, on the date or dates on which a


canvassing in or poll is taken at any polling station, commit any of the
near polling
station.
following acts within the polling station or in any public or
private place within a distance of one hundred meters of the
polling station, namely:-

(a) canvassing for votes; or

(b) soliciting the vote of any elector; or

(c) persuading any elector not to vote for any


particular candidates; or

(d) persuading any elector not to vote at the election;


or

(e) exhibiting any notice or sign (other than an official


notice) relating to the election.

(2) Any person who contravenes the provisions of sub-


section (1) shall be punishable with fine which may extend
to two hundred and fifty rupees.

Penalty for 215. (1) No person shall, on the date or dates on which a
disorderly poll is taken at any polling station,-
conduct in or near
polling stations.
[Act No.11 of 2019] 163

(a) use or operate within or at the entrance of the


polling station, or in any public or private place in the
neighborhood thereof, any apparatus for amplifying or
reproducing the human voice, such as a megaphone or a
loudspeaker, or

(b) shout or otherwise act in a disorderly manner


within or at the entrance of the polling station or in any
public or private place in the neighborhood thereof, so as to
cause annoyance to any person visiting the polling station
for the poll, or so as to interfere with the work of the officers
and other persons on duty at the polling station.

(2) Any person who contravenes or willfully aids or


abets the contravention of the provisions of sub-section (1),
shall be punishable with imprisonment which may extend to
three months or with fine or with both.

(3) If the Presiding Officer of a polling station has reason


to believe that any person is committing or has committed
an offence punishable under this section, he may direct any
police officer to arrest such person, and thereupon the
police officer shall arrest him.

(4) Any police officer may take such steps and use such
force as may be reasonably necessary for preventing any
contravention of the provisions of sub-section (1), and may
seize any apparatus used for such contravention.

216. (1) Any person who during the hours fixed for the poll Penalty for
at any polling station misconducts himself or fails to obey misconduct at the
the lawful directions of the Presiding Officer may be polling station.
removed from the polling station by the Presiding Officer or
by any police officer on duty or by any person authorized in
this behalf by such Presiding Officer.
164 [Act No.11 of 2019]

(2) The powers conferred by sub-section (1) shall not be


exercised so as to prevent any elector who is otherwise
entitled to vote at a polling station from having opportunity
of voting at that station.

(3) If any person who has been so removed from polling


station re-enters the polling station without the permission of
the Presiding Officer, he shall be punishable with
imprisonment for a term which may extend to three months
or with fine or with both.

Penalty for failure 217. If an elector, to whom a ballot paper has been issued,
to observe refuses to observe the procedure prescribed for voting, the
procedure for
voting.
ballot paper issued to him shall be liable for cancellation.

Penalty for illegal 218. If any person is guilty of any such corrupt practices as
hiring or specified in sub-section (7) of section 205 or in connection
procuring of
with an election he shall be punishable with imprisonment
conveyance at
elections. for a term, which may extend to three months and with fine,
which may extend to three thousand rupees.

Breaches of 219. (1) If any person to whom this section applies is without
official duty in reasonable cause guilty of any act or omission in breach of
connection with
his official duty, he shall be punishable with fine which may
elections.
extend to two thousand rupees.

(2) No suit or other legal proceedings shall lie against


any such person for damages in respect of any such act or
omission as aforesaid.

(3) The persons to whom this section applies are the


District Returning Officer, Returning Officer, Assistant
Returning Officer, Presiding Officer, Polling Officer and any
other person appointed to perform any duty in connection
with the receipt of nominations or withdrawal of
candidatures or the recording or counting of votes at an
election and the expression “official duty” shall for the
[Act No.11 of 2019] 165

purposes of this section be construed accordingly but shall


not include duties imposed otherwise than by or under this
Act.

220. If any person in the service of the State or Central Penalty for
Government or a local authority or a Corporation owned or Government
servants for acting
controlled by the State or Central Government acts as an
as election agent,
election agent or a polling agent or counting agent of a polling agent or
candidate at an election, he shall be punishable with counting agent.
imprisonment for a term which may extend to three months
or with fine or with both.

221. (1) No person other than Police Officer and any other Prohibition of
person appointed to maintain peace and order, at a polling going armed to or
station who is on duty at the polling station, shall, on a near a polling
station.
polling day, go armed with arms, as defined in the Arms Act,
Central Act 54 of 1959.
1959, of any kind with the neighborhood of a polling station.

(2) If any person contravenes the provisions of sub-


section (1), he shall be punishable with imprisonment for a
term which may extend to two years or with fine or with
both.

(3) An offence punishable under sub-section (2) shall be


cognizable.

222. (1) Any person who at any election fraudulently takes Removal of ballot
or attempts to take a ballot paper or ballot box out of polling papers or ballot
boxes from
station or willfully aids or abets the doing of any such act
polling stations to
shall be punishable with imprisonment for a term which may be an offence.
extend to five years and with fine which may extend upto
five thousand rupees or with both.

(2) If the Presiding Officer of a polling station has reason


to believe that any person is committing or has committed
an offence punishable under sub-section (1), such officer
may, before such person leaves the polling station, arrest or
166 [Act No.11 of 2019]

direct a police officer to arrest such person and such officer


may cause him to be searched by the police:

Provided that when it is necessary to cause a woman to


be searched, the search shall be made by another woman
with strict regard to decency.

(3) Any ballot paper found upon the person arrested on


search shall be made over for safe custody to a police
officer by the Presiding Officer or when the search is made
by a police officer, shall be kept by such officer in safe
custody.

Offences of booth 223. (1) Whoever commits an offence of booth capturing


capturing. shall be punishable with imprisonment for a term which shall
not be less than one year but which may extend to three
years and with fine, and where such offence is committed by
a person in the service of the Government, he shall be
punishable with imprisonment for a term which shall not be
less than three years but which may extend to five years and
with fine.

(2) For the purposes of this sub-section, an offence


punishable under sub-section (1) shall be cognizable.

Liquor not to be 224. (1) No spirituous, fermented or intoxicating liquors or


sold, given or other substances of a like nature shall be sold, given or
distributed on
polling day.
distributed at a hotel, eating house, tavern, shop or any
other place, public or private, within a polling area during
the period of forty-eight hours prior to the hour fixed for the
conclusion of the poll for any election in that polling area.

(2) Any person who contravenes the provisions of sub-


section (1), shall be punishable with imprisonment for a term
which may extend to six months or with fine which may
extend to two thousand rupees or with both.
[Act No.11 of 2019] 167

(3) Where a person is convicted of an offence under this


section, the spirituous, fermented or intoxicating liquors or
other substances of a like nature found in his possession
shall be liable to confiscation and the same shall be
disposed off in such manner as may be prescribed.

225. (1) A person shall be guilty of an electoral offence if at Other offences


any election he,- and penalties
thereunder.
(a) fraudulently defaces or fraudulently destroys any
nomination paper; or

(b) fraudulently defaces or fraudulently destroys or


removes any list, notice or other document affixed by or
under the authority of a Returning Officer; or

(c) fraudulently defaces or fraudulently destroys any


ballot paper or the official mark of any ballot paper or any
declaration or identity or official envelope used in
connection with voting by postal ballot; or

(d) without due authority supplies any ballot paper to


any person or receives any ballot paper from any person or
is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything


other than the ballot paper which he is authorized by law to
put in; or

(f) without due authority destroys, takes, opens or


otherwise interferes with any ballot box or ballot papers then
in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case


may be, attempts to do any of the foregoing acts or willfully
aids or abets the doing of any such acts.
168 [Act No.11 of 2019]

(2) Any person guilty of an electoral offence under this


section shall,-

(a) if he is a Returning Officer or an Assistant


Returning Officer or a Presiding Officer at a polling station or
any other officer or clerk employed on official duty in
connection with the election, be punishable with
imprisonment for a term which may extend to two years or
with fine or with both;

(b) if he is any other person, be punishable with


imprisonment for a term which may extend to six months or
with fine or with both.

(3) For the purposes of this section, a person shall be


deemed to be on official duty, if duty is to take part in the
conduct of an election or part of an election including the
counting of votes or to be responsible after an election for
the used ballot papers and other documents in connection
with such election, but the expression “official duty” shall
not include any duty imposed otherwise than by or under
this Act.

Penalty for 226. Whoever does any act in contravention of any of the
offences not provisions of this Act or of any rule, notification or order
otherwise
provided for.
made, issued or passed thereunder and not otherwise
provided for in this Act shall, on conviction, be punishable
with imprisonment which may extend to two years and with
fine which may extend to two thousand rupees.

MISCELLANEOUS ELECTION MATTERS

Adjournment of 227. (1) If at an election, the proceedings at any polling


poll in station are interrupted or obstructed by any riot or open
emergencies.
violence or if at an election it is not possible to take the poll
at any polling station or such place on account of any
natural calamity or any other sufficient cause, the Presiding
[Act No.11 of 2019] 169

Officer for such polling station shall announce an


adjournment of the poll to a date to be notified later and he
shall forthwith inform the Returning Officer concerned.

(2) Whenever a poll is adjourned under sub-section (1),


the Returning Officer shall immediately report the
circumstances to the District Election Authority and the State
Election Commission, and shall, as soon as may be, with
the previous approval of the State Election Commission,
appoints the day on which the poll shall recommence and
fix the hours during which, the poll will be taken and shall
not count the votes cast at such election until such
adjourned poll shall have been completed.

(3) In every such case as aforesaid, the Returning


Officer shall notify in such manner as the State Election
Commission may direct, the date and hours of polling fixed
under sub-section (2).

228. (1) If at any election,- Fresh poll in the


case of
destruction of
(a) any ballot box or electronic voting machine used
ballot boxes.
at a polling station is unlawfully taken out of the custody of
the Presiding Officer or the Returning Officer or is
accidentally or intentionally destroyed or lost or is damaged
or tampered with, to such an extent, that the result of the
poll at that polling station cannot be ascertained; or

(b) any voting machine develops a mechanical failure


during the course of the recording of votes; or

(c) any such error, human or mechanical or


irregularity in procedure as is likely to vitiate the poll is
committed at a polling station, the Returning Officer shall
forthwith report the matter to the State Election Commission.
170 [Act No.11 of 2019]

(2) Thereupon the State Election Commission shall, after


taking all material circumstances into account, either,-

(a) declare the poll at that polling station to be void,


appoint a day and fix the hours for taking a fresh poll at the
polling station and notify the day so appointed and the
hours so fixed in such manner as it may deem fit; or

(b) if satisfied that the result of a fresh poll at that


polling station will not, in any way affect the result of the
election or that the mechanical failure of the voting machine
or the error or irregularity in procedure is not material, issue
such directions to the Returning Officer as it may deem
proper for the proper conduct and completion of the
election.

(3) The provisions of this Act and of any rules or orders


made thereunder shall apply to every such fresh poll as they
apply to the original poll.

Adjournment of 229. (1) If at any election,-


poll or
countermanding
(a) booth capturing has taken place at a polling
of election on the
ground of booth station or in such number of polling stations as is likely to
capturing. affect the result of such election or that the result of the poll
at that polling station cannot be ascertained; or

(b) booth capturing takes place in any place for


counting of votes in such a manner that the result of the
counting at that place cannot be ascertained, the Returning
Officer shall forthwith report the matter to the State Election
Commission.

(2) The State Election Commission shall on the receipt


of a report from the Returning Officer under sub-section (1)
and after taking all material circumstances into account,
either,
[Act No.11 of 2019] 171

(a) declare that the poll at that polling station be void,


appoint a day, and fix the hours, for taking fresh poll at that
polling station and notify the date so appointed and hours
so fixed in such manner as he may deem fit, or

(b) if satisfied that in view of the large number of


polling stations involved in booth capturing the result of the
election is likely to be affected or that booth capturing had
affected counting of votes in such manner as to affect the
result of the election, countermand the election in that
constituency.

230. (1) If at any time before counting of votes is completed, Destruction, loss
any ballot papers used at a polling are unlawfully taken out of ballot papers at
the time of
of the custody of the Returning Officer or are accidentally or
counting.
intentionally destroyed or lost or are damaged or tampered
with, to such an extent that the result of the poll at that
polling station cannot be ascertained, the Returning Officer
shall forthwith report the matter to the State Election
Commission.

(2) Thereupon, the State Election Commission shall,


taking all material circumstances into account, either,

(a) direct that the counting of votes shall be stopped,


declare the poll at that polling station to be void, appoint a
day and fix the hours, for taking a fresh poll at that polling
station and notify the date so appointed and hours so fixed
in the manner as it may deem fit; or

(b) if satisfied that the result of a fresh poll at that


station will not, in anyway, affect the result of the election,
issue such directions to the Returning Officer as it may
deem proper for the resumption and completion of the
counting and for the further conduct and completion of the
election in relation to which the votes have been counted.
172 [Act No.11 of 2019]

(3) The provisions of this Act and of any rules or orders


made thereunder shall apply to every such fresh poll as they
apply to the original poll.

Electoral officers 231. (1) Any officer or staff employed in connection with the
and staff deemed preparation, revision and correction of the electoral rolls for,
to be on
deputation. and the conduct of elections shall be deemed to be on
deputation to the State Election Commission for the period
during which they are so employed and such officers and
staff shall during that period, be subject to the control,
superintendence and discipline of the State Election
Commission.

(2) The District Election Authority, Returning Officer,


Assistant Returning Officer, Presiding Officer, Polling Officer
and any other officer appointed under this Act, and any
police officer designated for the time being by the
Government for the conduct of any elections shall be
deemed to be on deputation to the State Election
Commission for the period commencing from the date of
notification calling for such elections and ending with the
date of declaration of the results of such elections and such
officer shall, during that period, be subject to the control,
superintendence and discipline of the State Election
Commission.

Delegation of 232. The State Election Commission may, subject to such


powers of the conditions and restrictions as the Government may, by
Commission.
general or special order, impose, by order in writing
delegate to any officer or authority subordinate to him, either
generally or as respects any particular matter or class of
matters any of his powers under this Act.

Election petitions. 233. (1) No election held under this Act shall be called in
question except by an election petition presented to the
Election Tribunal.
[Act No.11 of 2019] 173

(2) The Government may specify a court of District


Judge to be an Election Tribunal to try the election petitions
under this Act.

(3) The Tribunal shall deal with such petitions and


proceedings in connection there with in the manner
prescribed.

ELECTION EXPENSES

234. This chapter shall apply to candidates of any election Application of


held under this Act. chapter.

235. (1) Every candidate at any election held under this Act Accounts of
shall, either by himself or by his election agent, keep a election
expenses.
separate and correct account of all expenditure incurred in
connection with the election, between the date on which the
candidate concerned has been nominated and the date of
declaration of the result of the election, both dates inclusive
hereinafter in this chapter referred to as “election expenses”.

Explanation I:- “Election expenses” for purpose of this


Act shall mean all expenses in connection with the election,-

(a) incurred or authorized by the contesting


candidate or by his election agent;

(b) incurred, by any association, or body of persons,


or by any individual (other than the candidate or his election
agent) aimed at promoting or procuring the election of the
candidate concerned; and

(c) incurred by any political party, by which the


candidate is set up, so as to promote or procure his
election:
174 [Act No.11 of 2019]

Provided that any expenses incurred by any political


party as part of its general propaganda, (which is
distinguishable from its election campaign for the promotion
or procuring the election of a particular candidate), by
words, either written or spoken or by signs or visible
representations or by audio-visual devises or through print
or electronic media or otherwise shall not constitute
‘election expenses’ for purposes of this Act.

Explanation II:- For the removal of doubts, it is hereby


declared that any expenses incurred in respect of any
arrangements made, facilities provided or any other act or
thing done by any person in the service of the Government
and belonging to any of the classes mentioned in sub-
section (9) of section 204 in the discharge or purported
discharge of his official duty as mentioned in the proviso to
that clause shall not be deemed to be expenses in
connection with the election incurred or authorized by a
candidate or by his election agent for the purposes of this
sub-section.

(2) The account of election expenses shall contain such


particulars, as may by order, be specified by the State
Election Commission.

(3) The total of the said expenses shall not exceed such
amount, as may by order, be specified by the State Election
Commission.

Lodging of 236. (1) Every contesting candidate at an election shall,


account with the within forty-five days from the date of declaration of the
District Election
result of the election, lodge with the District Election
Authority.
Authority, an account of his election expenses, which shall
be a true copy of the account kept by him or by his election
agent under section 235.
[Act No.11 of 2019] 175

(2) The District Election Authority shall submit the copies


of election expenditure statements to the State Election
Commission.

APPOINTMENT OF OBSERVERS

237. (1) The State Election Commission may nominate an Appointment of


observer who shall be an officer of the Government to watch observers.
the conduct of election or elections for such specified area
or areas in the district and to perform such other functions
as may be entrusted to him by the Commission in relation
thereto.

(2) The observer nominated under sub-section (1) shall


have the power to direct the Returning Officer for any of the
seats for which he has been nominated, to stop the
counting of votes at any time before the declaration of the
result, or not to declare the result, if in the opinion of the
observer, booth capturing has taken place at a large
number of polling stations or at counting centers or any
ballot papers used at a polling station are unlawfully taken
out of the custody of the Returning Officer or are
accidentally or intentionally destroyed or lost or are
damaged or tampered with to such an extent that the result
of the poll at that polling station cannot be ascertained.

(3) Where an observer has directed the Returning


Officer under this section to stop counting of votes or not to
declare the result, he shall forthwith report the matter to the
Commission and thereupon the Commission shall, after
taking all material circumstances into account, issue
appropriate directions under section 229 or 230 in the
matter of declaration of results.

(4) It shall be competent for the State Election


Commission to appoint an Election Expenditure Observer
for a group of seats or a Municipality or group of
176 [Act No.11 of 2019]

Municipalities so as to ensure that the provisions of sections


235 and 236 are strictly adhered to and in that behalf the
Commission may issue such instructions as it deems fit,
from time to time to such observers.

CHAPTER VII
SUBSIDIARY LEGISLATION
RULES, BYE-LAWS AND REGULATIONS

Power of 238. (1) The Government may, by notification without


Government to prejudice to the generality of the foregoing power, make
make rules.
rules for carrying out any or all of the purposes of this Act.

(2) In making any rules, the Government may provide


that a breach thereof shall be punishable with a fine, as
prescribed.

(3) Every rule made under the Act shall immediately


after it is made, be laid before each House of the Legislature
of the State if it is in session, and if it is not in session, in the
session immediately following for a total period of fourteen
days which may be comprised in one session or in two
successive sessions and if before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified,
have effect only in such modified form or shall stand
annulled, as the case may be, so however that any such
modification or annulment shall be without prejudice to the
validity or anything previously done under the rule.

Power to amend 239. (1) The State Legislature may add to, modify or cancel
Schedules. any Schedule.

(2) A copy of every notification proposed to be issued


under sub-section (1) shall be laid in draft before each
[Act No.11 of 2019] 177

House of the State Legislature while it is in session for both


the Houses to approve or make any modification or
alteration or otherwise within a period of 30 days from the
date of submission:

Provided that in the event of no communication from the


Legislature being received within the time prescribed above,
it shall be deemed that the proposed notification stands
approved and the government shall issue the notification
accordingly.

240. The Municipal Council may make bye-laws, not Power of the
inconsistent with this Act, or with any other law for the time Council to Make
being in force, to provide for all matters, expressly required Bye-laws.
or allowed by this Act, to be provided for by bye-law.

241. (1) If, in respect of any matters specified in section 240, Power of
the Municipality has failed to make any bye-laws, or if the Government to
make rules in lieu
bye-laws made by it are not, in the opinion of the
of Bye-laws.
Government, adequate, the Government may make rules
providing for such matters, as they may think fit.

(2) The rules made under this section may add to, alter,
or cancel any bye-laws made by the Municipal Council.

(3) If any provision of bye-laws made by the Municipal


Council is repugnant to any provision of a rule made under
this section, the rule shall prevail, and the bye-laws, to the
extent it is repugnant, be void.

242. Bye-laws with regard to the drainage of, and supply of Power to give
water to, buildings and water-closets, earth-closets, privies, retrospective
effect to certain
ash-pits and cess-pools in connection with buildings, and
Bye-laws.
the keeping of water-closets supplied with sufficient water
for flushing, may be made so as to affect buildings erected
before passing of the bye-laws or this Act.
178 [Act No.11 of 2019]

Conditions 243. The Municipal Council shall, before making or altering


precedent to
bye-laws, publish a draft of the proposed bye-laws and
making Bye-laws.
alterations, together with a notice specifying a date at or
after which such draft will be taken into consideration, and
shall, before 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.

Penalty for 244. In making bye-laws the Municipal Council may provide
breaches of Bye- that a breach of the bye-laws shall be punishable with fine
laws.
specifying the same, not inconsistent with any other
provision or existing rules.

PUBLICATION OF RULES, BYE-LAWS AND REGULATIONS

Copies of Act, 245. Complete copies of the Act, bye-laws and the rules
Rules and Bye- framed by the Government and the Municipal Authorities,
laws to be made
shall be made available online in English or in the main
available online.
language of the district.

PENALTIES

General 246. (1) Whoever acts as a Member knowing that under this
provisions Act or the rules made thereunder he is not entitled, or has
regarding
penalties. ceased to be entitled, to hold such office shall, be punished
with fine as prescribed and not less than ten thousand
rupees for every such offence.

(2) Whoever acts as or exercises the functions of the


Chairperson or Vice-Chairperson of a Municipal Council
knowing that under this Act or the rules made thereunder he
is not entitled, or has ceased to be entitled, to hold such
office or to exercise such functions shall be punished with
fine as prescribed and not less than rupees ten thousand for
every such offence.
[Act No.11 of 2019] 179

(3) If the Chairperson or Vice-Chairperson of a council


fails to hand over any documents of, or any moneys or other
properties vested in, or belonging to, the council which are
in or have come into his possession or control, to his
successor in office or other prescribed authority, in every
case as soon as his term of office as Chairperson or Vice-
Chairperson expires and in the case of the Vice-Chairperson
also on demand by the Chairperson, such Chairperson or
Vice-Chairperson shall be punished with fine as prescribed
and not less than ten thousand for every such offence.

247. If any Municipal Officer or employee knowingly Penalty for


acquires, directly or indirectly, by himself or by a co-sharer acquisition of
or servant, or near relative or any benamidar, any share or interest by any
Municipal Officer
interest in any contract or employment with, by or on behalf of interest in
of, the Municipal Council, he shall be deemed to have contract or work.
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 Municipal Council, unless he is a director
of such company.

248. Any person willfully preventing distraint or sufficient Penalty for willful
distraint of property, subject to distraint for any tax due from prevention of
any person, shall be liable to a fine, not exceeding ten times distraint.
the amount of the tax found to be due.

249. Every person, who prevents the municipal authority or Wrongful restraint
officer or any person, to whom the said authority or officer of Municipal
Authority or
has lawfully delegated its or his powers of entering into or
Officer and his
on any land or building, from exercising its or his lawful delegate.
power of entering there into or thereon, shall be deemed to
have committed an offence under section 341 of the Indian
Penal Code.
180 [Act No.11 of 2019]

Penalty for not 250. If any person, who is required by the provisions of this
giving information Act, or by any notice, or other proceedings issued under
or giving false
information.
this Act to furnish any information,-

(a) omits to furnish it, or

(b) knowingly furnishing false information,

such person shall be liable to pay fine of Rupees two


thousand.

PROCEDURE AND MISCELLANEOUS LICENSES AND


PERMISSIONS

General 251. (1) Every license and permission granted under this Act
provisions
or any rule or bye-law made under this Act, shall specify the
regarding licenses
and permissions. period if any for which, and the restrictions, limitations and
conditions subject to which, the same is granted, and shall
be signed by the Commissioner.

(2) Save as otherwise expressly provided in or


prescribed under this Act, for every such license or
permission, fees be charged on such units and at such rates
as may be fixed by the Municipal Council.

(3) Every order of a municipal authority granting or


refusing a license or permission shall be communicated to
the person concerned.

(4) Every order of a municipal authority refusing,


suspending, cancelling, modifying or revoking a license or
permission shall be in writing and shall state the grounds on
which it proceeds.
[Act No.11 of 2019] 181

APPEALS

252. (1) Any person aggrieved by any notice issued by the Appeals.
Municipality under this Act may file an appeal before the
Regional Director, within 60 days from the date of receipt of
such notice. The Regional Director shall dispose the appeal
within 30 days from the date of receipt of the appeal:

Provided that the Regional Director may condone the


delay in filing the appeal subject to the satisfaction of
showing sufficient cause.

(2) A review shall lie to the Government against any


orders passed by the Regional Director under sub-section
(1), within 30 days from the date of receipt of the order
passed by the Regional Director:

Provided that the Government may condone the delay


in filing the review petition subject to the satisfaction of
showing sufficient cause for delay in filing the review
petition.

POWER TO SUMMON

253. All persons authorised by rule to conduct enquiries Power of persons


relating to elections and all inspecting or superintending conducting
officers holding any enquiries into matters falling within the election and other
enquiries.
scope of their duties shall have, for the purposes of such
enquiries the same powers in regard to the issue of
summons for the attendance of witnesses and the Central Act 5 of 1908.

production of documents, as enumerated under the Civil


Procedure Code, 1908.

254. The Commissioner, the Municipal Engineer or the Summons to


Town Planning Officer may summon any person to appear attend and give
evidence or
before him, and to give evidence or produce documents in
produce
respect of any question relating to taxation, or inspection or documents.
182 [Act No.11 of 2019]

registration, or to the grant of any licence or permission


under the provisions of this Act.

NOTICES, Etc.

Form of notices 255. All notices and permissions given, issued or granted,
and permissions. as the case may be, under the provisions of this Act shall be
in writing, either in print or electronic form, and in such form
as may be prescribed.

Signature on 256. (1) Every license, permission, notice, bill, Schedule,


documents. summons or other document which is required by this Act
or by any rule, bye-law or regulation made thereunder shall
bear the signature of the Commissioner or of any Municipal
Officer either in writing or in electronic form, and may bear a
facsimile of the signature of the Commissioner or of such
Municipal Officer, as the case may be, stamped thereon.

(2) Nothing in sub-section (1) shall be deemed to apply


to a cheque drawn upon the municipal fund or to any deed
of contract entered into by the Municipality.

Publication of 257. Every bye-law, order, notice or other document


bye-laws, notice, directed to be published under this Act shall be written in, or
orders etc.
translated into, the main language of the district and
deposited at the municipal office, and a copy shall be
posted up in a conspicuous position at such office or
through web based, and at such other places as the
Municipality may direct, and a public proclamation shall be
made throughout the Municipality by beat of drum that such
copy has been so posted up and that the original is open to
inspection at the municipal office.

Notice of 258. Whenever the Municipality has set apart any place for
prohibition or any purpose authorized by this Act or has prohibited the
setting apart of
places. doing of anything in any place, the Commissioner shall
forthwith cause to be put up a notice in Telugu, Urdu or
[Act No.11 of 2019] 183

English. Such notice shall specify the purpose for which


such place has been set apart, or the act prohibited in such
place.

259. When any notice, or other documents is required by Method of serving


this Act or by any rule, bye-law, regulation or order made documents.
under it, is to be served on or sent to any person, the
service or sending thereof may be affected in the manner
prescribed.

RELATIONS OF OCCUPIER TO OWNER.

260. If the occupier of any building or land makes, on behalf Recovery by


of the owner thereof, any payment for which, under this Act, occupier of sum
the owner but not the occupier is liable, such occupier shall leviable, from
owner.
be entitled to recover the same from the owner, and may
deduct the same from the rent, then or thereafter, due by
him to the owner.

261. (1) If the occupier of any building or land prevents the Obstruction of
owner from carrying into effect in respect thereof any of the owner by
provisions of this Act, the Commissioner may by an order, occupier.
require the said occupier to permit the owner, within eight
(8) days from the date of service of such order, to execute
all such works as may be necessary.

(2) Such owner shall, for the period during which he is


prevented as aforesaid, be exempt from any fine or penalty
to which he might otherwise have become liable, by reason
of default, in executing such works.

262. If the owner of any building or land fails to execute any Execution of work
work, which he is required to execute under the provisions by occupier in
of this Act or of any rule, bye-law, regulation or order made default of owner.
under it, the occupier of such building or land may, with the
approval of the Commissioner execute the said work and
shall be entitled to recover, from the owner, the reasonable
184 [Act No.11 of 2019]

expenses incurred in the execution thereof, and may deduct


the amount thereof from the rent, then or thereafter, due by
him to the owner.

POWERS OF ENTRY AND INSPECTION

Power of entry to 263. The Commissioner, or any person authorized by him,


inspect, survey or on this behalf may enter into or on any building or land, with
execute the work.
or without assistants or workmen, in order to make any
enquiry, inspection, test, examination, survey,
measurement, or valuation, or for the purpose of lawfully
placing or removing pipes or meters, 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 it is necessary, for any of the purposes of this Act, or
in pursuance of any of the said provisions, to make or
execute any work in the manner prescribed.

POWER TO ENFORCE LICENSING PROVISIONS.

Consequences of 264. If, under this Act or any rule, bye-law or regulation
failure to obtain made under it, the license or permission of the
licenses or of
breach of the
Commissioner or other officer of the Municipality, or
same. registration in the municipal office is necessary for the doing
of any act, and if such act is done without such license or
permission or registration, or in a manner not consistent
with the terms of any such license or permission, then action
shall be taken against the person responsible in the manner
prescribed.

PAYMENT OF COMPENSATION BY AND TO THE


MUNICIPALITY

Power of 265. If in any case, not otherwise expressly provided for in


Municipality to
this Act, the Commissioner may, with the approval of the
pay
compensation. Government pay compensation to any person who sustains
damage by reason of the exercise by any municipal
[Act No.11 of 2019] 185

authority, officer or servant of any of the powers vested in


them by this Act or any other law, or by any rule, bye-law or
regulation made under it.

266. All costs, damages, penalties, compensation charges, Recovery of sums


fees, other than school fees, expenses, rents, contributions due as taxes.
and other sums, which, under this Act or any other law or
rules or bye-laws made thereunder or under any contract in
respect of water supply or drainage, made in accordance
with this Act, the rules or bye-laws, are due by any person to
the Municipality, shall be deemed as a bill payable to the
Municipality and shall be recovered as per the rules
prescribed under this Act.

267. Notwithstanding any provisions provided under any law Limitation for
for time being in force, no distraint shall be made, no suit recovery of dues.
shall be instituted, and no prosecution shall be commenced
in respect of any sum due to the Municipality under this Act,
after the expiration of a period of seven years from the date
on which distraint might first have been made.

268. Subject to the provisions of section 267, no person Persons


shall be tried for any offence against the provisions of this empowered to
Act, or of any rule or bye-law made under it, unless the prosecute.
complaint is made by the Commissioner or by a person
expressly authorized in this behalf by the Municipality to the
Judicial First Class Magistrate who has jurisdiction over the
Municipality. The Judicial First Class Magistrate shall take
cognizance as per the provisions of the Code of Criminal Central Act 2 of 1974.
Procedure, 1973, in regard to the powers of the Magistrates
to take cognizance of offences upon complaint received
from the Commissioner or the person authorized by him:

Provided that failure to take out a license, obtain


permission or secure registration under this Act shall, for the
purposes of this section, be deemed a continuing offence
until the expiration of the period, if any, for which the
186 [Act No.11 of 2019]

license, permission or registration is required and if no


period is specified, complaint may be made at any time
within twelve months from the commencement of the
offence.

Imprisonment in 269. (1) Any fine, costs, tax or other sum imposed or
default of assessed by a Magistrate under this Act or under any rule or
payment and
application of
bye-law made under it shall be recoverable by such
costs etc. Magistrate under the Code of Criminal Procedure, 1973, as
if it were a fine and the same shall, except in the case of a
fine on recovery, be paid to the Municipality, to be applied
to the purposes of this Act.

(2) In case any fine or costs imposed or assessed under


this Act or under any rule or bye-law made thereunder, are
not paid by the defaulter or offender, the Magistrate may
order the offender to be imprisoned for a period of six
months in default of such payment.

Payment of 270. If, on account of any act or omission, any person has
compensation for been convicted of an offence against the provisions of this
damage to
Act or against any rule or bye-law made thereunder and, by
municipal
property. reason of such act or omission, damage has been caused
to any property, owned by or vesting in the Municipality, the
said person shall pay compensation for such damage,
notwithstanding any punishment to which he may have
been sentenced for the said offence. In such event, the
amount of compensation payable by the said person shall
be determined by the Magistrate before whom he was
convicted of the said offence on application made to him for
the purpose of, by the Commissioner, not later than three
(3) months from the date of conviction; and in default of
payment of the amount of compensation so determined, it
shall be recovered under a warrant from the said Magistrate,
as if it were a fine imposed by the Magistrate on the person
liable thereof.
[Act No.11 of 2019] 187

LEGAL PROCEEDINGS.

271. (1) Notwithstanding any provisions provided under any Institution of suits
law for the time being in force, no suit for damages or against Municipal
Authorities,
compensation shall be instituted against the Municipality,
Officers and
any municipal authority, officer or servant, or any person Servants.
acting under the direction of such Municipality, municipal
authority, officer or servant, in respect of any act done in
pursuance of 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 in the execution of
this Act, or any rule, bye-law, regulation, or order made
under it, until the expiration of three (3) months after a notice
has been delivered or left at the municipal office or at the
place of abode of such officer, servant or person, stating the
cause of action, the relief sought, and the name and place
of abode of the intending plaintiff and the plaint shall contain
a statement that such notice has been so delivered or left.

(2) Where the defendant, in any such suit, is the


Chairperson, the Commissioner or a municipal officer or
employee, payment of the sum or any part of any sum,
payable by him in, or in consequence of the suit, whether in
respect of costs, charges, expenses, compensation for
damages or otherwise, shall be met from the municipal
fund.

272. The Commissioner may,- Provisions


regarding
(a) take, or withdraw from, proceedings against any institution of civil
and criminal
person who commits- actions and
obtaining of legal
(i) any offence against this Act, rules, bye-laws or advice.
regulations;
188 [Act No.11 of 2019]

(ii) any offence, which affects or is likely to affect any


property or interest of the Municipality or the due
administration of this Act;

(iii) any nuisance whatsoever;

(b) compound any offence against this Act, the rules,


bye-laws or regulations;

(c) take, withdraw from or compromise proceedings for


the recovery of expenses or compensation claimed to be
due to the Municipality;

(d) withdraw or compromise any claim against any


person in respect of a penalty payable under a contract
entered into with such person;

(e) defend any suit or other legal proceedings brought


against the Municipality or against any municipal authority,
officer or employee, in respect of anything done or omitted
to be done, as aforesaid;

(f) compromise any claim, suit or legal proceedings


brought against the Municipality or against any municipal
authority, officer or employee, in respect of anything done or
omitted to be done, as aforesaid;

(g) institute and prosecute any suit, or withdraw from or


compromise any suit or claim, which has been instituted or
made in the name of the Municipality or any other municipal
authority officer or employee;

(h) obtain such legal advice and assistance as he may,


from time to time, think it necessary or expedient to obtain,
or as he may be desired by the Municipality to obtain, for
any of the purposes mentioned in the foregoing clauses of
this section, or for securing the lawful exercise or discharge
[Act No.11 of 2019] 189

of any power or duty vesting in or imposed upon, any


municipal authority or officer or employee.

273. The election authority may defend himself, if sued or Power of election
joined as a party, in any proceeding relating to the authority to
defend himself, if
preparation or publication of electoral rolls or the conduct of
sued.
elections, as the case may be, and the expenses incurred
by the election authority in so doing shall be payable from
the municipal fund.

274. No court shall grant any temporary injunction, or make Injunctions not to
any interim order, restraining any proceeding, which is be granted in
election
being or about to be taken under this Act, for the
proceedings.
preparation or publication of electoral rolls or for the Central Act 5 of 1908.
conduct of any elections.

275. No suit shall be maintainable against the Government, Protection of


the District Collector, the Revenue Divisional Officer or any persons acting
Chairperson, Municipal Authority, officer or employee, or under this Act
against suits.
any person acting under the direction of any Chairperson,
Municipal Authority, officer or employee, or of a Magistrate,
in respect of anything done in good faith under this Act or
any rule, bye-law, regulation or order made under it.

276. (1) The Chairperson, the Member, the Commissioner, Liability for loss,
the Municipal Engineer, the Town Planning Officer and the waste or
Bill Collector or other employee of the Municipality, misappropriation.
entrusted with the collection of sums due to the Municipality
under this Act, shall be liable for the loss, waste or
misappropriation of any money or other property, owned by
or vested in the Municipality, if such loss, waste or
misappropriation is a direct consequence of his neglect or
misconduct, and a suit for compensation may be instituted
against him by the Municipality, or by the Government.

(2) No such suit shall be instituted after three (3) years


after the accrual of the cause of action.
190 [Act No.11 of 2019]

Sanction for 277. When the Chairperson, Ward Member, the


Prosecution of Commissioner or any other officer is accused of any
Chairperson,
offence, alleged to have been committed by him, while
Commissioner or
any other officer. 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 Government.

Assessment not to 278. No assessment or demand made, and no charge


be questioned. imposed under the authority of this Act, shall be questioned
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.

Injunctions not to 279. No court shall grant any interim or temporary injunction
be granted in or make any interim orders restraining any proceeding,
respect of
revisions or which is being or about to be taken under Rules, for the
amendment of revision or amendment of the assessment books or
assessment restraining such revision or amendment from taking effect.
books.
POLICE

Duties of Police 280. (1) It shall be the duty of every police officer,-
Officers.
(a) to communicate, without delay, to the proper
municipal officer, any information which he receives of the
design to commit or of the commission of any offence under
this Act or any rule, bye-law or regulation made under it; and

(b) to assist the Chairperson, the Commissioner or


any municipal officer or employee reasonably demanding
his aid for the lawful exercise of any power, vesting in the
[Act No.11 of 2019] 191

Chairperson or the Commissioner, or in such municipal


officer or employee under this Act, or any such rule, bye-law
or regulation.

(2) Any police officer who omits or refuses to perform


any duty, imposed on him by this Act, shall be subject to
disciplinary proceedings for dereliction of duties as provided
under the Service Rules applicable to the police.

281. (1) If any police officer sees any person committing an Power of police
offence against any of the provisions of this Act or of any officers to arrest
rule or bye-law made under it, he shall, if the name and persons.
address of such person are unknown to him, and if the said
person on demand declines to give his name and address,
or gives a name and address which such officer has reason
to believe to be false, arrest such person.

(2) No person arrested under sub-section (1) shall be


detained in custody,-

(a) after his true name and address are ascertained,


or

(b) without the order of a Magistrate for any longer


time, not exceeding twenty-four (24) hours from the hour of
arrest than is necessary for bringing him before a
Magistrate.

282. The Government may empower any municipal officer Exercise of


or employee or any class of municipal officers or employees Powers of Police
to exercise the powers of police officer for the purposes of Officer by
Municipal Officers
this Act and of the Telangana Towns Nuisances Act, 1889. or Employees.
Act III of 1889.
192 [Act No.11 of 2019]

MISCELLANEOUS

Application of 283. Every municipal officer or employee, every contractor


Term of ‘Public or agent, for the collection of any municipal tax, fee or other
Servant’ to
Municipal sum due to the Municipality, and every person employed by
Officers, Agents any such contractor or agent for the collection of such tax,
and Sub-Agents. fee or sum, shall be deemed to be a public servant within
Central Act 45 of 1860.
the meaning of section 21 of the Indian Penal Code, 1860.

Prohibition 284. No person shall remove any mark set up for the
against removal of purpose of indicating any level or direction incidental to the
mark.
execution of any work authorised by this Act or by any bye-
law, rule or order made under it.

Prohibition 285. No person shall, without authority in that behalf,


against removal remove, destroy, deface or otherwise obliterate, any notice
or obliteration of
exhibited by, or under the orders of the Municipality or the
notice.
Commissioner or other officer authorized by him on this
behalf.

Prohibition 286. No person shall, without authority in that behalf,


against
remove earth, sand or other material or deposit any matter
unauthorized
dealings with or make any encroachment from, in, or on, any land vested
public place or in the Municipality, or river, estuary, canal, backwater or
materials. water course, not being private property or, in any way,
obstruct the same.

Delegation of 287. (1) The Government may, by notification, delegate to


powers by the any person or authority all or any of the powers vested in
government.
them by this Act, except the power to make rules and may in
like manner, withdraw any powers so delegated.

(2) The exercise of any powers delegated under sub-


section (1) shall be subject to such restrictions and
conditions, as may be prescribed, or as may be specified in
the notification, and also to control and revision by the
Government.
[Act No.11 of 2019] 193

288. The Government or the District Collector may, from Power to give
time to time, give such directions not inconsistent with the directions.
provisions of this Act or the rules made thereunder to a
Municipality, as it may consider necessary, for carrying out
the purposes of this Act.

289. When a dispute exists between a Municipality and one Adjudication of


or more than one local authority in regard to any matters disputes between
arising under the provisions of this Act, or any other Local Authorities.
enactment and the Government are of the opinion that the
local authorities concerned are unable to settle it amicably
among themselves, the Government may take cognizance
of the dispute and issue orders. Any such decision shall be
binding on each of the local authorities concerned and shall
not be liable to be questioned in any court of law.

290. The Government may, by notification, declare any local Notified Areas.
area to be a notified area or a Township or an integrated
township, for the purpose of application of all or any of the
provisions of this Act in the said notified area or a Township
in the manner prescribed.

291. Notwithstanding anything contained in this Act, or in Power to transfer


any other law for the time being in force, relating to the functions of
Municipalities or the Notified Area Committees, the municipalities to
Telangana State
Government may, in consultation with any Municipality or Industrial
the Notified Area Committee, as the case may be, and also Infrastructure
the Telangana State Industrial Infrastructure Corporation, by Corporation and
notification, and subject to such restrictions and conditions, vice versa.
including those relating to the remittance of such
percentage of the property tax to a Municipality or to a
Notified Area Committee and to such control and revision,
as may be specified therein, direct that any power or
function vested in the Municipality or the Notified Area
Committee by or under this Act, shall be transferred to and
exercised and performed by the Telangana State Industrial
194 [Act No.11 of 2019]

Infrastructure Corporation or any other agencies, as notified


by the Government. The same holds vice versa.

Disclosure of 292. The Municipality shall maintain and publish all its
information. records, quarterly, half-yearly and yearly intervals, duly
categorized and indexed in a manner and form which
facilitates the disclosure of such information to the public in
such manner as prescribed.

Extension of 293. (1) The Government may, at the request of the Mines
provisions of law Board of Health, constituted under Telangana Mining
relating to Settlements Act, 1956 or otherwise by notification, declare
municipalities or
of rules that any of the provisions of this Act, or of any rule made
thereunder, for thereunder, including those relating to taxation, shall be
mining settlement. extended to and be in force in the Mining Settlement or in
Act XLIV of 1956.
any specified area therein.

(2) The provisions so notified shall be construed with


such alterations not affecting the substance, as may be
necessary or proper, for the purpose of adapting them to
the Mining Settlement or any special area therein.

Vesting of public 294. (1) All public streets in the Municipality with the
streets and pavements, stones and other materials thereof and all
appurtenances in
the Municipality.
works, materials and other things provided for such streets,
including public resources and spaces such as water
bodies, etc., other than those managed by Central and State
Government, sewers, drains, drainage works, tunnels and
culverts, whether made at the cost of the municipal fund or
otherwise, in, alongside or under any street, whether public
or private, and all works, materials and things appertaining
thereto, shall vest in the Municipality.

(2) Notwithstanding anything in sub-section (1), the


Government may, after consultation with the Municipality,
shall withdraw any such street, sewer, drain, drainage work,
tunnel or culvert from the control of the Municipality and
[Act No.11 of 2019] 195

place at the control of any other department of Government,


by notification.

295. (1) Where the Municipality has withdrawn a public Duty of


street and vested the same under the control of any other Municipality in
respect of public
department of the Government, under sub-section (2) of
streets withdrawn
section 294, it shall be the duty of the Municipality to from its control.
provide, from the Municipal funds, any amenities as the
Government may by general or special order, direct.

(2) From the date of the commencement of this Act, all


vacant lands belonging to or under the control of the
Government unless otherwise vested with any Government
department / local body, shall subject to sub-sections (3)
and (4) vest in the possession or under the control of the
Municipality concerned for the purposes of this Act.

Explanation:- For the purpose of this section “vacant


land” includes a poramboke, donka or kunta.

(3) The Municipality shall keep all such vacant lands free
from encumbrances and shall restore the possession of
such land to the Government for the public purpose, free of
cost, or for purpose of alienation to any person or authority
whenever required.

(4) The Municipality shall not construct or permit the


construction of any building or structure on any such vacant
land, or, use or permit the use of such vacant land for any
permanent purpose, or alienate such vacant land to any
third-party, unless prior permission is obtained from the
Government. The Government may give permission only
after obtaining the necessary information which deems fit in
the circumstances of the case.
196 [Act No.11 of 2019]

Collected sewage, 296. All garbage, filth, sewage, construction and demolition
construction waste and other collected material by or on behalf of a
waste, etc. to
belong to Municipality, shall belong to the Municipality.
Municipality.

Procedure for 297. The municipal authority under this Act may acquire an
acquisition of immovable property subject to the provisions of the Right to
immovable Fair Compensation and Transparency in Land Acquisition,
property required
by the Rehabilitation and Resettlement Act, 2013 and any
Municipality. subsequent Act or notification thereupon as applicable in
Central Act 30 of 2013. the State of Telangana, on payment of compensation and
the property acquired shall vest in Municipality.

Special powers of 298. The Government, if it deems fit and necessary in the
the Government. interest of the functioning of Municipal Corporations and the
Councils, may make special provisions with respect to one
or more corporations or councils.

Repeal and 299. (1) On and from the commencement of this Act, the
savings. Telangana Municipalities Act, 1965 and the Telangana
Act No. 6 of 1965.
Act 25 of 1994. Municipal Corporations Act, 1994 are repealed.

(2) On such repeal, the provisions of sections 8 and 18


of the Telangana General Clauses Act, 1891, shall apply,
provided that on such repeal, rules or provisions existing are
not inconsistent with this Act.

(3) Notwithstanding the repeal of the Acts referred in


sub-section (1) the appointment, notification, order, scheme,
form, notice, rule, or bye-law, made or issued, and license
or permission granted under the Acts, shall, in so far as it is
not inconsistent with the provisions of this Act, shall
continue in force and be deemed to have been made,
issued or granted under the provisions of this Act, unless it
is lapsed or superseded by any appointment, notification,
order, scheme, form, notice, rule or bye-law made or issued,
[Act No.11 of 2019] 197

and any license or permission granted under the said


provisions.

(4) The members of any Council and Corporation


holding office at the commencement of this Act shall be
deemed to have been elected as members of that Council
and Corporation under this Act, and subject to provisions of
section 10, continue to hold office of members until the
expiration of their term under the provisions which were
applicable to them immediately before such
commencement.

(5) Any division of the Municipality into wards, made or


deemed to have been made under the Telangana
Municipalities Act, 1965 or Telangana Municipal
Corporations Act, 1994 and in force at the commencement
of this Act, shall be deemed to be the division of the
Municipality into wards made under this Act; and the
members representing the wards shall, subject to the
provisions under sub-section (4), be deemed to represent
them on and from the commencement of this Act.

300. If any difficulty arises in giving effect to the provisions of Remove of


this Act or as to the first constitution or re-constitution of any difficulties.
Municipal Council or Municipal Corporation after the
commencement of this Act, the Government may, as
occasion may require, may by an order published in the
Telangana Gazette do anything which appears to them to
be necessary for the purpose of removing the difficulty.

301. The Telangana Municipalities Ordinance, 2019 is Repeal of


hereby repealed. Ordinance 6 of
2019.
198 [Act No.11 of 2019]

Schedule - I
(see sub-section (2) of section 3)
LIST OF MUNICIPALITIES IN THE STATE
Sl.No. Name of the Name of the Number
District Municipality of
Wards
(1) (2) (3) (4)
I JANGAON
1 Jangaon 30
II WARANGAL
RURAL
2 Parkal 22
3 Narsampet 24
4 Wardhannapet 12
III MAHABUBABAD
5 Mahabubabad 36
6 Dornakal 15
7 Maripeda 15
8 Thorrur 16
IV JAYASHANKAR
BHUPALAPALLY
9 Bhupalpally 30
V KARIMNAGAR
10 Jammikunta 30
11 Huzurabad 30
12 Choppandandi 14
13 Kothapally 12
VI JAGTIAL
14 Jagtial 48
15 Korutla 33
16 Metpalli 26
17 Raikal 12
18 Dharmapuri 15
[Act No.11 of 2019] 199

(1) (2) (3) (4)


VII RAJANNA-
SIRCILLA
19 Vemulavada 28
20 Sircilla 39
VIII PEDDAPALLI
21 Peddapalli 36
22 Manthani 13
23 Sulthanabad 15
IX KHAMMAM
24 Sattupalli 23
25 Madhira 22
26 Wyra 20
X BHADRADRI
KOTHAGUDEM
27 Kothagudem 36
28 Palvancha 24
29 Yellandu 24
30 Manuguru 23
XI ADILABAD
31 Adilabad 49
XII NIRMAL
32 Nirmal 42
33 Bhainsa 26
34 Khanapur 12
XIII KUMARAMBHEEM
ASIFABAD
35 Kagaznagar 30
XIV MANCHERIAL
36 Mancherial 36
37 Bellampally 34
38 Mandamarri 24
39 Naspur 25
40 Chennur 18
41 Kyathanpally 22
42 Luxettipet 15
200 [Act No.11 of 2019]

(1) (2) (3) (4)


XV RANGA REDDY
43 Pedda Amberpet 24
44 Ibrahimpatnam 24
45 Jalpally 28
46 Shadnagar 28
47 Shamshabad 25
48 Turkayamjal 24
49 Manikonda 20
50 Narsingi 18
51 Adibatla 15
52 Shankarpally 15
53 Thukkuguda 15
54 Amangal 15
XVI VIKARABAD
55 Tandur 36
56 Vikarabad 34
57 Parigi 15
58 Kodangal 12
XVII MEDCHAL-
MALKAJGIRI
59 Medchal 23
60 Dhammaiguda 18
61 Nagaram 20
62 Pocharam 18
63 Ghatkesar 18
64 Gundlapochampally 15
65 Thumkunta 16
66 Kompally 18
67 Dundigal 28
XVIII NIZAMABAD
68 Bodhan 38
69 Armur 36
70 Bheemgal 12
[Act No.11 of 2019] 201

(1) (2) (3) (4)


XIX KAMAREDDY
71 Kamareddy 49
72 Banswada 19
73 Yellareddy 12
XX YADADRI
BHUVANAGIRI
74 Bhongir 35
75 Mothkur 12
76 Choutuppal 20
77 Alair 12
78 Pochampally 13
79 Yadagirigutta 12
XXI SURYAPET
80 Suryapet 48
81 Kodada 35
82 Huzurnagar 28
83 Neredcherla 15
84 Tirumalagiri 15
XXII NALGONDA
85 Devarakonda 20
86 Nalgonda 48
87 Miryalguda 48
88 Nakrekal 20
89 Nandikonda 12
90 Chityal 12
91 Haliya 12
92 Chandur 10
XXIII SIDDIPET
93 Siddipet 43
94 Gajwel 20
95 Dubbaka 20
96 Husnabad 20
97 Cherial 12
202 [Act No.11 of 2019]

(1) (2) (3) (4)


XXIV SANGAREDDY
98 Sangareddy 38
99 Sadasivapet 26
100 Zaheerabad 37
101 Andol-Jogipet 20
102 Narayankhed 15
103 Bollaram 22
104 Tellapur 17
105 Ameenpur 24
XXV MEDAK
106 Medak 32
107 Thoopran 16
108 Ramayapet 12
109 Narsapur 15
XXVI MAHABUBNAGAR
110 Mahabubnagar 49
111 Jadcherla 27
112 Boothpur 10
XXVII NARAYANPET
113 Narayanapet 24
114 Makthal 16
115 Kosgi 16
XXVIII JOGULAMBA
GADWAL
116 Gadwal 37
117 Ieeja 20
118 Waddepalle 10
119 Alampur 10
XXIX WANAPARTHY
120 Wanaparthy 33
121 Kothakota 15
122 Pebbair 12
123 Atmakur 10
124 Amarchinta 10
[Act No.11 of 2019] 203

(1) (2) (3) (4)


XXX NAGARKURNOOL
125 Nagarkurnool 24
126 Kollapur 20
127 Kalwakurthy 22
128 Atchampet 20
204 [Act No.11 of 2019]

SCHEDULE-II
(see sub-section (2) of section 3)
Sl.No. Name of the Name of the Number
District Municipal Corporation of Wards
(1) (2) (3) (4)
1 Warangal Greater Warangal 66
Municipal Corporation

2 Karimnagar Karimnagar 60

3 Peddapalli Ramagundam 50

4 Nizamabad Nizamabad 60

5 Khammam Khammam 60

6 Ranga Reddy Badangpet 32

7 Ranga Reddy Bandlaguda Jagir 22

8 Ranga Reddy Meerpet (by merging 46


Meerpet and
Jillelguda)

9 Boduppal 28

10 Medchal- Peerzadiguda 26
Malkajgiri

11 Jawaharnagar 28

12 Nizampet 33
[Act No.11 of 2019] 205

SCHEDULE-III
Sl. Name of the Documents Time Officers Approval
No. Municipal required lines involved by
Service in this
process
(1) (2) (3) (4) (5) (6)
Property Registered Instant Online
Tax Document /
1. Court
Property
Decree /
Tax
Affidavit,
Assessment
Building
of building
Permission
Number
2. Vacancy Assessment 15 Online Municipal
remission copy / proof days Commis-
of vacancy sioner
3. Revision Application 15 Online Municipal
Petition with days Commis-
Assessment sioner
Number
details
4. Appeal Application 15 Authori- Regional
with Review days zed Director
Petition person concer-
orders ned
5. Certified
Copy of
Free download of assessment details
Assessment
Register
6. Vacant Registered Instant Online
Land Document /
Assessment Court
Decree /
Affidavit
206 [Act No.11 of 2019]

(1) (2) (3) (4) (5) (6)


7. Water Tap Application 14 Online Mission
Connection days Baghira-
tha
8. Trade Application Instant Online __
License with self
certification
9. Trade Application Instant Online __
Renewal with self
certification
10. Mutation On registration, application get auto transfer
from Registration Department to Municipality
and makes auto title transfer instantly.
11. Sub- Registered 15 Authori- Municipal
Division Document / days zed Commis-
request Court person sioner
Decree /
Affidavit,
Building
Permission
Number /
Affidavit
12. Certified Instant Instant Authori- __
Copy of download zed
Building from person
Permission website
13. Land use Application 7 days Online Municipal
certificate Commis-
as per sioner
master plan
14. Birth Application Instant Online Municipal
Certificate Commis-
sioner
[Act No.11 of 2019] 207

(1) (2) (3) (4) (5) (6)


15. Child name Application 7 days Online Municipal
inclusion in Commis-
Birth sioner
Certificate
16. Name Application, 7 days Online Municipal
Correction self Commis-
in Birth declaration sioner
Certificate
17. Non- Application, 7 days Online Municipal
availability self Commis-
of Birth declaration sioner
Certificate
18. Death Application 7 days Online Municipal
Certificate along with Commis-
documents sioner
prescribed
19. Name Application, 7 days Online Municipal
correction self Commis-
in Death declaration sioner
Certificate
20. Non Application, 7 days Online Municipal
availability self Commis-
of Death declaration sioner
Certificate
21. Sanitary Registration 7 days Authori- Municipal
Certificate and sed Commis-
for Recognised person sioner
Educational Certificate
Institutions from School
Education
Department
and
application
22. Any other services as prescribed by the Government.
208 [Act No.11 of 2019]

SCHEDULE-IV
(see section 12)

PROVISIONS WITH REGARD TO DISQUALIFICATION OF


MEMBERS

1. Disqualification for Election or for Holding Office as a


Member:

A person holding an office of profit under a Municipality,


the Central Government or the State Government shall be
disqualified for election or for holding office as member:

Provided that a person shall not be deemed to hold an


office of profit under Municipality by reason, only that he is a
Chairperson or member of a Municipality in the State.

2. Other Disqualifications of Candidates:

(1) A person who has been sentenced by a criminal


court,-

(a) to imprisonment for an offence under the


Protection of Civil Rights Act, 1955 (Central Act 22 of 1955);

(b) for any offence other than an offence of political


character, or any offence not involving moral delinquency,
such sentence not having been suspended, reversed or the
offence pardoned, shall be disqualified for election as a
member, while undergoing the sentence and for five years
from the date of expiration thereof.

(2) A person shall be disqualified for election as a


member, if such person is, on the date fixed for scrutiny of
nomination for election,-
[Act No.11 of 2019] 209

(a) of unsound mind and stands so declared by a


competent court;

(b) an applicant to be adjudicated an insolvent or


undischarged insolvent;

(c) interested in a subsisting lease or contract


entered into with or any work being done for the
Municipality, except as a shareholder, other than a Director,
in a company:

Provided that a person shall not be deemed to have


any interest in such contract or work by reason only of his
having a share or interest in,-

(i) any sale or purchase of immovable property or


any agreement for the same; or

(ii) any public loan raised by Municipality or any


security for the payment of money only; or

(iii) any newspaper in which any advertisement


relating to the affairs of the Municipality is inserted; or

(iv) the sale to the Municipality, of any articles, in


which he regularly trades, or the purchase from the
Municipality, of any articles, to a value in either case not
exceeding five hundred (500) rupees, in the aggregate, in
any year during the period of the contract or work;

(v) the occasional letting out on hire to the


Municipality or hiring from the Municipality, of any article, for
an amount not exceeding, in the aggregate, in any one year
five hundred (500) rupees;

(d) an honorary Magistrate for the municipal town;


210 [Act No.11 of 2019]

(e) already a member or Sarpanch of a Gram


Panchayat or a member of a Mandal Praja Parishad or Zilla
Praja Parishad constituted under the provisions of the
Telangana Panchayat Raj Act, 2018 (Telangana Act 5 of
2018);

(f) already a member whose term of office, as such,


will not expire before his fresh election can take effect, or
has already been elected a member, whose term of office
has not yet commenced;

Explanation: Nothing in this clause shall be construed


as disqualifying a sitting member of a Municipality for re-
election as member to that Municipality;

(g) the employee or employer or the official


subordinate or official superior of a member holding office
on the said date;

(h) in arrears of any kind due by him otherwise than


in a fiduciary capacity to the Municipality upto and inclusive
of the previous year, in respect of which a bill or notice has
been duly served upon him, and the time, if any, specified
therein for payment, has expired; or

(i) dismissed from service of the Central Government,


the State Government, any Municipality or any local
authority, for misconduct.

3. Disqualification for failure to lodge Account of Election


Expenses:

If the State Election Commission is satisfied that a


person,-
[Act No.11 of 2019] 211

(a) has failed to lodge an account of election expenses


within the time limit prescribed and, in the manner, required
by or under this Act, and

(b) has no good reason or justification for the failure, the


State Election Commission shall, after following the
procedure prescribed, by order published in the Telangana
Gazette, declare him,

(i) to be ineligible for a period of three (3) years from


the date of the said order to contest any election held for
any office under this Act; and

(ii) to have ceased to hold office, in case he is


elected.

4. Disqualification of Members:

(1) Subject to the provisions of section 13, a member


shall cease to hold his office, if he,-

(a) is sentenced by a criminal court to such


punishment and for such offence, as is described in sub-
paragraph (1) of Paragraph 2;

(b) is elected to a ward/office reserved for Scheduled


Castes or Scheduled Tribes or Backward Classes, and
subsequently the Community Certificate, on the basis of
which he is elected is cancelled, under section 5 of the
Telangana (Scheduled Castes, Scheduled Tribes and
Backward Classes) Regulation of Issue of Community
Certificates Act,1993 (Act 16 of 1993);

(c) becomes of unsound mind and stands so


declared by a competent court;
212 [Act No.11 of 2019]

(d) applies to be adjudicated, or is adjudicated, an


insolvent;

(e) subject to the proviso to sub-paragraph (2)(c) of


Paragraph 2, acquires any interest in any subsisting
contract made with, or work being done for, the
Municipality, except as a shareholder, other than a Director,
in a company;

(f) is employed as a paid legal practitioner on behalf


of the Municipality or legal practitioner against the
Municipality;

(g) is appointed as an officer or servant under this


Act, or as an honorary Magistrate for the municipal town;

(h) accepts employment under or becomes the


official subordinate of any other member;

(i) ceases to reside for a period of more than six (6)


months in the Municipality or within two kilometers from the
outer limits there from;

(j) fails to pay arrears of any kind due by him,


otherwise than in a fiduciary capacity, to the Municipality
within three (3) months after a bill or notice has been served
upon him under this Act, or where, in the case of any
arrears, this Act does not require the service of any bill or
notice, within three (3) months after a notice requiring
payment of the arrears, which notice it shall be the duty of
the Commissioner to serve at the earliest possible date, has
been duly served upon him by the Commissioner;

(k) absents himself from the meetings of the


Municipality for a period of three (3) consecutive months,
reckoned from the date of the commencement of his term of
office, or of the last meeting which he attended, or of his
[Act No.11 of 2019] 213

restoration to office as member under sub-paragraph (3), as


the case may be, or if within the said period, less than three
(3) ordinary meetings have been held absents himself from
three consecutive ordinary meetings held after the said
date:

Provided that in the case of a woman member, a


period of not more than two (2) months at a time shall be
excluded in reckoning the period of absence aforesaid if, for
reasons of physical disability, due to advanced stage of
pregnancy and of delivery, such member absents herself
from meetings of the Municipality, after giving a written
intimation to the Commissioner of the date from which she
would be absent:

Provided further that no meeting from which a


member absented himself shall be counted against him
under this clause, if notice of that meeting was not duly
served on him:

Provided also that nothing in this clause shall apply


to an ex-officio member.

(2) Where a person ceases to be a member under sub-


paragraph (1) (a) of Paragraph 4, he shall be restored to
office for such portion of the period, for which he was
elected, as may remain unexpired at the date of such
restoration, if and when the sentence or order is annulled on
appeal or revision, and any person elected to fill the
vacancy in the interim shall, on such restoration, vacate
office.

(3) Where a person ceases to be a member under sub-


paragraph (1) (l) of Paragraph 4, the Commissioner shall, at
once, intimate the fact, in writing, to such person and report
the same to the Municipality at its next meeting. If such
person applies for restoration to the Municipality on or
214 [Act No.11 of 2019]

before the date of its next meeting, or within fifteen (15) days
of the receipt by him of such intimation; the Municipality
may, at the meeting next after the receipt of such
application, or suo moto, restore him to the office of the
member:

Provided that a member shall not be so restored more


than thrice during his term of office.

***

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