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Telangana District Boards Act, 1955

(Act No. 1 of 1956)

Last Updated 20th February, 2020 [tel087]

Chapter I.

Preliminary.

(i) 'Board' means a District Board constituted under this Act;

(ii) 'building' includes a house, out-house, shop, stable, ware-house, workshop, canopy, shed, hut or other enclosure whether used as a human dwelling or otherwise and shall include also walls including compound wall and fencing, verandahs, platforms, plinths, doorsteps and the like;

(iii) 'Collector' means the Collector of the District for which a Board has been constituted;

(iv) 'district' means a revenue district constituted as a district from time to time under the Land Revenue Act, 1317 F.;

(v) 'erect or re-erect any building' includes-

(a) any material alteration or enlargement of any building,

(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,

(c) the conversion of one or more places of human habitation into a greater number of such places,

(d) the conversion of two or more places of human habitation into a lesser number of such places,

(e) such alteration of a building as effect a change in its drainage or sanitary arrangements or materially affect its security,

(f) the addition of any rooms, building, out-houses or other structures to any building,

(g) conversion by any structural alteration into a place of religious worship or into a sacred building, any place or building not originally meant or constructed for such purpose,

(h) roofing or covering an open space between walls or buildings as regards the structure which is formed by roofing or covering such space,

(i) conversion into a stall, shop, warehouse or godown of any building not originally constructed for use as such or vice-versa,

(j) construction on a wall adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land;

(vi) 'factory' means besides a factory as defined in the Factories Act, 1948, any premises, including the precincts thereof wherein any industrial manufacturing or trade process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency;

(vii) 'financial year' means the year beginning on the 1st day of April or on such date as the Government may by notification appoint;

(viii) 'Government Servant' does not include a retired pensioner;

(ix) 'Health Officer' means the Health Officer, if any, employed by or on behalf of the Board, and if there is no such officer, the Health Officer of the District;

(x) 'infectious disease' means cerebro-spinal fever, chicken-pox, cholera, diptheria, enteric fever, epidemic influenza, leprosy, measles, plague, rabies, scarlet fever, small-pox, tuberculosis, typhus, yaws or any other disease which the Government may notify in this behalf either generally throughout the State or in such part or parts thereof as may be specified in the notification;

(xi) 'inhabitant' includes any person ordinarily residing or carrying on business or owning or occupying immovable property in any area within the jurisdiction of a Board;

(xii) 'market' means a place for the sale of goods or animals publicly exposed where, ordinarily or periodically, at least four shops, stalls or sheds are set up or at least ten animals are brought for sale;

(xiii) 'member' means a member of the Board;

(xiv) 'occupier' means any person in actual possession of any land or building or part thereof, and includes an owner in actual possession, and a tenant or licensee whether such tenant or licensee is liable to pay rent or not;

(xv) 'offensive matter' includes night-soil and other contents of latrines, cesspools and drains; dung and the refuse or useless or offensive material thrown out in consequence of any process of manufacture industry or trade, putrid and petrifying substances, dirt, house sweeping spittings, including chewed betel and tobacco, kitchen or stable refuse, broken glass or pottery, debris and waste paper;

(xvi) 'offensive trade' means any trade, business or industry in which the substances dealt with are or are likely to become a nuisance;

(xvii) 'owner' includes the person for the time being receiving the rent of any land or building or part thereof, whether on his own account, or as agent, receiver, or trustee or who would receive rent if the land or building or part thereof were let to a tenant;

(xviii) 'Panchayat' means a Panchayat established under [the Hyderabad Village Panchayat Act, 1951];

(xix) 'prescribed' means prescribed by the rules made under this Act;

(xx) 'President' means the President of the Board;

(xxi) 'private market' means a market other than a public market or a market established under the [Hyderabad Agricultural Market Act, 1339 F.];

(xxii) 'public market' means any market belonging to a Board or acquired, constructed, maintained or managed by the Board;

(xxiii) 'public 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 the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right;

(xxiv) 'street' means any road, footway, square, court, alley or passage, accessible to the public, whether a thoroughfare or not;

(xxv) 'tax' includes any toll, rate, cess, fee or other impost leviable under this Act;

(xxvi) 'vehicle' includes a bicycle, tricycle, motor car, and every wheeled conveyance which is used or is capable of being used on a public street;

(xxvii) 'Vice-President' means the Vice-President of the Board;

(xxviii)) the words used but not defined in this Act shall have the meanings assigned to them in the Land Revenue Act of 1317 Fasli.

Chapter II.

Constitution of Boards.

(a) divide the district into circles;

(b) determine the circles in which the seats, if any, reserved under sub-section (2) of section 6 shall be set apart; and

(c) declare for whom such seats are reserved.

(a) the circle which each member then on the Board shall be deemed to represent; and

(b) the circle or circles in which elections shall be held to fill up the vacancies, if any, in the Board:

(a) is a citizen of India;

(b) has attained the age of 21 years on the 1st day of March of the year in which the list of voters is prepared; and

(c) has the requisite residence or taxation qualification,

(a) is one who has been sentenced by any Court to imprisonment or whipping for an offence involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportation, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted or altered to transportation or imprisonment:

(b) is of unsound mind, a deaf-mute or a leper;

(c) holds any office or place of profit under Government or under the Board or under any local authority;

(d) is an undischarged insolvent;

(e) holds any judicial office with jurisdiction within the limits of the Board;

(f) is employed as paid legal practitioner on behalf of the Board, or as legal practitioner against the Board;

(g) having been a legal practitioner, has been dismissed or is under suspension by order of a competent court, the disqualification in the latter case being operative during the period of suspension;

(h) subject to the provisions of sub-section (2) has directly or indirectly by himself or his partner or if he belongs to a joint Hindu family, by any member of such family, any share or interest in any contract (except as a shareholder other than a Director in a company) or has employment with, by or on behalf of the board;

(i) has been dismissed from the service of the Government, Board or any local authority for misconduct and has been declared by a competent authority to be not eligible for further employment in public service;

(j) having been nominated as a candidate for the Board or having acted as an election agent of any person so nominated has failed to lodge a return of election expenses within the time and in the manner prescribed unless five years have elapsed from the date by which it ought to have been lodged or the Government have removed the disqualification.

(a) receiving a pension from the Board;

(b) having any share or interest in;

(i) any lease, sale, exchange or purchase of land or any agreement for the same;

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

(iii) any newspaper in which any advertisement relating to the affairs of the Board is inserted;

(iv) any Joint Stock Company or any Society registered or deemed to be registered under the [Hyderabad Co-operative Societies Act, 1952], which shall contract with or be employed by the President or executive officer on behalf of the Board;

(v) the occasional sale to the President or Executive officer on behalf of the Board of any article in which he regularly trades of a value not exceeding in the aggregate in any one financial year one thousand rupees;

(vi) the occasional letting out on hire to the Board or hiring from the Board of any article for an amount not exceeding in the aggregate in any one financial year, five hundred rupees;

(c) occupying as a tenant for the purpose of residence any premises belonging to the Board.

(a) publish the notices by affixing to his notice Board one copy of each of the notices together with an intimation in the prescribed form that the hearing of the appeals, if any, presented in pursuance of those notices will commence before the District Judge on the tenth day after the date of such publication; and

(b) send to the District Judge a copy of each of the notices, the intimation referred to in clause (a) and the list of validly nominated candidates.

(a) is or becomes subject to any of the disqualifications specified in section 14;

(b) accepts employment under or becomes the official subordinate of any other member;

(c) ceases to reside in the district;

(d) fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the Board, within three months from the date of service of a Bill or notice or if no bill or notice is required to be served under this Act, within three months from date of service of a notice requiring payment thereof issued by the President, or Executive Officer (which it shall be their duty to issue and cause to be served at the earliest convenient date);

(e) absents himself at more than three consecutive meetings of the Board unless leave so to absent himself (which shall not exceed six months) had been granted by the Board or absents himself for over six consecutive months from meetings of the Board:

(a) discovery and inspection;

(b) enforcing the attendance of witnesses; and requiring the deposit of their expenses;

(c) compelling the production of documents;

(d) examining witnesses on oath;

(e) granting adjournments;

(f) reception of evidence taken on affidavit; and

(g) issuing commissions for the examination of witnesses;

(a) dismissing the election petition; or

(b) declaring the election of the returned candidate to be void; or

(c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected; or

(d) declaring the election to be wholly void.

(a) Where any charge is made in the petition of any corrupt or illegal practice having been committed at the election, recording-

(i) a finding whether any corrupt or illegal practice has or has not been proved to have been committed by, or with the connivance of, any candidate or his agent at the election, and the nature of that corrupt or illegal practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice and the nature of that practice, together with any such recommendations as the Tribunal may think proper to make for the exemption of any persons from any disqualifications which they may have incurred in this connection under rules made under section 200; and

(b) fixing the total amount of costs payable and specifying the persons by and to whom the costs shall be paid:

(a) he has been given notice to appear before the Tribunal and to show cause why he should not be so named; and

(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the Tribunal and has given evidence against him, of calling evidence in his defence and of being heard.

(a) that the election has not been a free election by reason that the corrupt practice of bribery or of undue influence has extensively prevailed at the election; or

(b) that the election has not been a free election by reason that coercion or intimidation has been exercised or resorted to by any particular community, group or section on another community, group or section, to vote or not to vote in any particular way at the election; the Tribunal shall declare the election to be wholly void.

(a) that the election of a returned candidate has been procured or induced, or the result of the election has been materially affected, by any corrupt or illegal practice; or

(b) that any corrupt practice specified in the rules made under section 200 has been committed by a returned candidate or his agent or by any other person with the connivance of a returned candidate or his agent; or

(c) that the result of the election has been materially affected by the improper reception of any vote which is void, or by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act or of any other Act or rules relating to the election, or by any mistake in the use of any prescribed form;

(a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the sanction or connivance, of the candidate or his election agent;

(b) that all such corrupt practices were of a trivial and limited character or took the form of customary hospitality which did not affect the result of the election;

(c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt or illegal practices at the election; and

(d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate or any of his agents;

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate by corrupt or illegal practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Tribunal shall after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

(a) any decision made by the Returning Officer, under the provisions of this Act, shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and

(b) in so far as that question is not determined by such a decision, the Tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

(b) The term of office of the outgoing members shall be deemed to extend to and expire with the day before the date of such meeting.

(a) on the expiry of his term of office as member of the Board or on his otherwise ceasing to be a member;

(b) on his election as Mayor or Deputy Mayor of a Municipal Corporation, constituted under the [Hyderabad Municipal Corporation Act, 1950] or President or Vice-President of a Municipality, constituted under the Hyderabad Municipal and Town Committees Act, 1951 or Chairman or Vice-Chairman of a Mines Board of Health;

(c) on his removal from office as such President or Vice-President by the Government for not commanding the confidence of the Board, to be evidenced by a resolution of the Board moved in accordance with the procedure prescribed.

Chapter III.

Subordinate Agencies, Committees and Office-Bearers.

(i) Standing Committee;

(ii) Public Health Committee;

(iii) Works and Communications Committee;

(iv) Education and Rural Development Committee.

(a) in appointing out of their respective bodies a Joint Committee for any purpose in which they are jointly interested and in appointing a Chairman of such Committee;

(b) in delegating to any such Committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by either or any of such bodies; and

(c) in framing rules for regulating the proceedings of any such Committee and the conduct of correspondence relating to the purposes for which it was appointed:

(a) preside at the meetings of the Board;

(b) watch over the financial and executive administration of the Board and submit to the Board all questions connected therewith which shall appear to him to require its orders;

(c) exercise supervision and control over the acts and proceedings of all officers and servants of the Board in matters of executive administration and in matters concerning the accounts and records of the Board;

(d) furnish to the Collector or to such officer as the Government may, from time to time, nominate in this behalf, a copy of every resolution passed at every meeting of the Board and any extract from the minutes of the proceedings of the Board or other document or thing which the Collector or the other officer duly authorised by the Government may, from time to time, call for; and

(e) discharge such other functions and exercise such other powers as may be imposed or conferred upon him by this Act or any other law or by any rules or bye-laws made under this Act or any other law.

(a) he shall not act under this section in contravention of any order of the Board prohibiting the execution of any particular work or of any particular act, and

(b) he shall report forthwith the action taken under this section and the reasons therefor to the Board at its next meeting.

(a) in the absence of the President preside at the meetings of the Board;

(b) exercise such of the powers and perform such of the duties of the President as the President, from time to time, may delegate to him; and

(c) pending the election of a President, or during the absence of the President on leave, exercise the powers and perform the duties of the President.

(i) convene meetings of the Board and maintain the minutes of the proceedings thereof;

(ii) receive, recover and credit to the District Fund any sum due or tendered to the Board;

(iii) grant, refuse, suspend or withdraw all licences except licences for markets;

(iv) appoint, grant leave of absence to, suspend, punish or dismiss servants of the Board whose monthly salary does not exceed Rs. 30;

(v) present bills for taxes or other dues;

(vi) cause notices of demand to be served;

(vii) prefer complaints in prosecution by the Board and initiate or conduct proceedings, civil or criminal or otherwise, on behalf of the Board;

(viii) participate in the meetings of the Board but not to vote or move any motion;

(ix) exercise supervision and control over the acts of all the officers and servants of the Board in matters of executive administration and in matters relating to accounts and records of the Board;

(x) exercise any other power delegated to him by the Board.

Chapter IV.

Conduct of Business.

(a) The minutes of the previous ordinary meeting and of any special meeting held since shall be read and it approved by the majority of the members shall be confirmed;

(b) business postponed at the previous meeting shall be considered;

(c) subjects noted on the agenda shall be considered in such order as the presiding authority may determine.

Chapter V.

Property, Contracts and Liabilities.

Chapter VI.

Duties and Powers of Boards.

(a) the construction, repair and maintenance of public roads and other means of communication which are not under the control of any other local body or of the Government;

(b) the planting and preservation of trees by the side or in the vicinity of roads and on other public grounds in its control;

(c) the establishment, management and maintenance of markets other than markets regulated by the [Hyderabad Agricultural Markets Act, 1339 Fasli], travelers' bungalows, musafirkhanas, chauris, rest-houses and other public institutions, and the construction and repair of all buildings connected with such institutions;

(d) the construction and repair of public tanks, wells and water works for the supply of water from them and from other sources and the construction and maintenance of works for the preservation from pollution of water used for drinking, cooking and other domestic purposes;

(e) the construction, management and maintenance of cattle pounds;

(f) the management of such public ferries as may be entrusted to its charge;

(g) the improvement of villages including the acquisition of land for the extension of village sites;

(h) the promotion of vaccination;

(i) other measures necessary for the public health and sanitation including the control of sanitation during an Urs, Jatra or other fair, festival or public assemblage and such measures as may be required to prevent the outbreak, spread or recurrence of infectious disease;

(j) the construction and maintenance of primary school buildings for boys and girls and the provision of school equipment and playgrounds;

(k) the maintenance of any building or other property vested in the Board; and

(l) the printing and publishing of such annual or periodic reports on the whole or any branch of its administration as the Government may by general or special order, require the Board to submit.

(a) the encouragement and development of Co-operative Societies;

(b) the improvement of cattle and other livestock;

(c) the promotion of agriculture local arts, industries, commerce and other measures tending to the economic welfare of villagers;

(d) the provision of public parks and recreation grounds;

(e) the construction of libraries and reading rooms and the furthering of educational objects other than the construction and maintenance of primary school buildings;

(f) the destruction or the detention and preservation of owner-less dogs;

(g) the holding and management of fairs and cattle, poultry, agricultural and industrial shows and exhibitions;

(h) the reclaiming of unhealthy localities, the laying out of new village-sites, the building of model villages, and the grant of loans to private persons or associations for the above purpose;

(i) the organization and maintenance of relief works in times of famine or scarcity;

(j) the construction, repair, maintenance and management of medical and veterinary dispensaries;

(k) the establishment and maintenance of maternity services and child welfare centers;

(l) the purchase of medicines;

(m) the provision of houses for any class of servants employed by the Board;

(n) the eradication of Bengal Hyacinth and other noxious plants and prevention of water-logging in ayacuts;

(o) the afforestation, in co-operation with or on the advice of the Forest Department of any waste or other lands, to prevent erosion, to increase the local supply of fuel or to provide green manure;

(p) the construction, repair, maintenance and management of minor tanks for the purpose of irrigation in co-operation with or on the advice of the public works Department; and

(q) any other matter not hereinbefore specifically named which is likely to promote the health, comfort or convenience of the public.

Chapter VII.

Sanitary and Other Powers.

(a) if the water is used for drinking-

(i) keep and maintain any such source of water supply, other than a stream, in good repair, or

(ii) within a reasonable time to be specified in the notice, cleanse any such source of water-supply from silt, refuse and decaying vegetation, or

(iii) in such manner as the Board directs, protect any such source of water-supply from pollution by surface drainage, or

(iv) desist from using and from permitting others to use for drinking purposes any such source of water-supply which not being a stream in its natural flow, is in the opinion of the Board unfit for drinking, or

(v) if notwithstanding any such notice under sub-clause (iv) such use continues and cannot in the opinion of the Board be otherwise prevented, close, either temporarily or permanently, or fill up or enclose or fence in such manner as the Board considers sufficient to prevent such use of such source of water-supply, or

(vi) drain off or otherwise remove from any such source of water supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Board considers is injurious to health or offensive to the neighbourhood;

(b) within twenty-four hours of such notice, repair, protect or enclose in such manner as the Board may direct or approve any such source of water supply whether used for drinking purposes or not, other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure such source of water-supply is in the opinion of the Board dangerous to the health or safety of the public or of any person having occasion to use, pass by or approach the same.

(a) bathes in or defiles the water in any place set apart for drinking purposes by the Board or in the case of private property by the owner thereof, or

(b) deposits any offensive or deleterious matter in the dry bed of any place set apart as aforesaid, for drinking purposes, or

(c) washes clothes in any place set apart as aforesaid for drinking purposes or for bathing, or

(d) washes any animal or any cooking utensils or wool, skins or other foul or offensive substance or deposits any offensive or deleterious matter in any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes, or

(e) allows the water from a sink, sewer, drain engine or boiler or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes, shall on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, and if the offence be a continuing one, to a further fine not exceeding ten rupees for every day during which the said offence is continued after conviction.

(a) for keeping animal or animals of any specified description which are to be sold for purposes of slaughter;

(b) for the slaughter of such animals; and

(c) for the sale of the flesh of such animals; and may grant and withdraw licences for the use of such places or premises.

(a) authorize any person-

(i) to destroy or cause to be destroyed or to confine or cause to be confined, for such period as the Board may direct, any dog or other animal suffering from rabies or reasonably suspected to be suffering from rabies or bitten by any dog or other animal suffering or suspected as aforesaid;

(ii) to confine or cause to be confined any dog found wandering about streets or public places without collars or other marks, distinguishing them as private property, and to charge a fee for such detention and to destroy or otherwise to dispose of any such dog if it is not claimed within one week and the fee paid;

(b) appoint from time to time, by public notice a certain period within which any dog without collars or other marks distinguishing them as private property found straying on the streets or beyond the enclosures of the houses of the owners of such dogs, may be destroyed and cause them to be destroyed accordingly.

(b) Such permission may not be refused except for the reason of the site being unsuitable on sanitary or village planning grounds.

(c) Such permission shall be presumed to have been granted if its refusal is not communicated within two months of the receipt of the application for permission.

(i) to construct or establish, extend or shift within the limits of the jurisdiction of a Board, any factory, workshop or work place in which it is proposed to employ water, steam, electricity or other mechanical power, or

(ii) to install in any premises any machinery or manufacturing plant driven by any power as aforesaid shall, before beginning such construction, establishment, extension, shifting or installation, make an application in writing to the Board for permission to undertake the intended work.

(b) The application shall be accompanied by-

(i) a plan of the factory, workshop, work-place or premises prepared in such manner as may be prescribed;

(ii) such particulars as to the power, machinery, plant or premises as the Board may require by rules made in this behalf.

(c) The Board shall, as soon as may be after the receipt of the application-

(i) grant the permission applied for, either absolutely or subject to such condition as it thinks fit to impose, or

(ii) refuse permission, if it is of opinion that such establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.

(a) direct that the building, construction, establishment or installation be stopped, or

(b) by written notice require such building, construction, establishment or installation to be altered, demolished or removed, as may be necessary.

Regional and Town Planning.

(i) with fine, which may extend to fifty rupees, and

(ii) if the breach, neglect or failure continues after such conviction, with further fine which may extend to five rupees for every day during which the breach, neglect or failure continues after such conviction.

Mosquito Control.

(a) have, keep, or maintain within such area any collection of standing or flowing water in which mosquitoes breed or likely to breed, or

(b) cause, permit, or suffer any water within such area to form a collection in which mosquitoes breed or are likely to breed, unless such collection has been so treated as effectively to prevent such breeding.

Markets.

Public Markets.

Private Markets.

(a) establishing or maintaining a private market for which a licence has not been granted under section 123,

(b) opening or keeping open a private market for which the licence has been suspended or cancelled under section 124,

Chapter VIII.

Revenue and Expenditure.

(a) the accumulated balances of the District Fund of the district at the commencement of this Act;

(b) the proceeds of ceases, taxes, tolls and fees, authorised to be levied under this Act;

(c) all rents and profits accruing from the properties bought, constructed or maintained by the Board or from properties otherwise vested in the Board;

(d) all penalties paid to or levied by or on behalf of the Board and all fines imposed by a Magistrate under this Act or the rules and bye-laws framed thereunder;

(e) the sale proceeds of all property vested in the Board that may be sold under its orders;

(f) the proceeds of all public ferries established under the [Telangana Ferries Act, 1314 Fasli], within the jurisdiction of the Board, and all penalties and fines realized under that Act in respect of such ferries;

(g) all grants and assignments of revenue and contributions made by the Government, local authorities and private individuals;

(h) all sums received on account of fines and unclaimed sale-proceeds under the provisions of the Hyderabad Cattle Trespass Act, 1337 Fasli;

(i) unclaimed deposits and other forfeitures; and

(j) all other sums received by or on behalf of the Board under this Act or any other law for the time being in force.

firstly, such sum as may be required for the payment of any amounts falling due on any loan legally contracted by it;

secondly, such sum as may be required to meet the charges of its own establishment under sections 164 and 165 and contribution towards Local Government Service Fund constituted under sub-section (3) of section 166;

thirdly, the expenses incurred in auditing the accounts of the Board:

fourthly, the cost of the construction and maintenance of buildings for the offices of the Board; and fifthly, a sum equal to one-third of the net receipts from the local cess imposed under section 135 in each Panchayat Village for payment to the Panchayat of such village.

(a) the payment of the charges and expenses incidental to the matters specified in sections 80 and 81 and to all other purposes for which, by or under this Act or any other law for the time being in force, powers are conferred or duties imposed upon the Board, including grant of loans for promoting such purposes;

(b) grants of loans to employees;

(c) the payment of monthly allowance to the President;

(d) the payments to members of the Board of daily allowances for attending meetings of the Board and of any Committees thereof and of expenses incurred in travelling for the purposes of the business of the Board and any Committee thereof at such rates as may be prescribed:

(e) grants and loans to Municipal and Town Committees, Market Committees constituted under the [Hyderabad Agricultural Markets Act, 1339 F], Panchayats, public libraries and other charitable and public institutions established in the district for purposes of public benefit;

(f) grants or loans for the acquisition, lay out and construction of any public market or of any market constituted under the [Hyderabad Agricultural Markets Act, 1339 Fasli], within the area subject to the control of the Board;

(g) contributions to any work or institution from which the area under the jurisdiction of the Board benefits, although such work or institution is undertaken or maintained outside the jurisdiction of the Board;

(h) contributions towards any public fund raised for the relief of human or animal suffering within or without the area under the authority of the Board;

(i) any public reception, ceremony or entertainment:

(j) compensation to any person sustaining any damage by reason of the exercise of any power vested in the Board, its members, officers or servants, under this Act;

(k) with the previous sanction of the Government, any other purposes whereon the expenditure of the District Fund is in the public interest.

Chapter IX.

Taxation.

(a) subject to the provisions of article 276 of the Constitution of India, a tax on persons exercising any profession, trade, calling or employment, within the limits of the area subject to the jurisdiction of the Board;

(b) market tolls on vehicles and laden animals bringing goods for sale into a public market;

(c) market fees for the right to exhibit goods for sale in a public market;

(d) fees for the registration of animals sold in a public market:

[(e) [xxx]]

(f) a tax on public entertainments and amusements;

[(g) a tax on pilgrims visiting a shrine, Urus or Jatra within the limits of the Board's jurisdiction:

(ii) unless otherwise directed by the Government no portion of the proceeds of such tax shall be expended for purposes other than making arrangements for the health and comfort of the pilgrims resorting to or the improvement or development of such local area;]

(h) a tax on vehicles when such vehicles are kept within the limits of the Board;

(i) a toll, at the toll bars established by the Board on any bridges or road-way constructed from out of the District Fund, on

(i) every vehicle;

(ii) every animal used for driving, drought or burden, passing on such bridge or road:

Assessment of Taxes

(a) whether such inhabitant is liable to pay any tax imposed under this Act, and

(b) the amount at which he should be assessed.

Chapter X.

Collection of Taxes.

(a) by or under any provision of this Act, is declared to be recoverable in the manner provided by this Chapter, or

(b) not being payable on demand on account of a toll, is claimable as an amount or installment on account of any tax which is imposed in the district shall have become due, the Board shall with the least practicable delay, cause to be presented to the person liable for the payment thereof a bill for the sum claimed as due.

(a) the period for which, and

(b) the property, occupation or thing in respect of which, the sum is claimed, and shall also give notice of

(i) the liability incurred in default of payment, and

(ii) the time within which an appeal may be preferred, as provided in section 156 against such claim.

(a) pay the sum demanded in the notice, or

(b) show cause to the satisfaction of the Board or of such officer as the Board may appoint in this behalf, why he should not pay the same, or

(c) prefer an appeal in accordance with the provisions of section 156 against the demand, such sum with all costs of the recovery may be levied under a warrant caused to be issued by the Board in the form of Schedule B or to the like effect by distress and sale of the movable property of the defaulter.

(a) the following property shall not be distrained:-

(i) the necessary wearing apparel, cooking vessels, bedding of the defaulter, his wife and children, and such personal ornaments as in accordance with religious usage cannot be parted with by any woman,

(ii) the tools of artisans, and

(iii) when the defaulter is an agriculturist, his implements of husbandry, seed-grain, and such cattle as may be necessary to enable him to earn his livelihood;

(b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any articles have been distrained which, in the opinion of a person authorised by or under section 149 to sign a warrant should not have been so distrained they shall forthwith be returned; and

(c) the officer shall on seizing the property forthwith make an inventory thereof, and shall before removing the same give to the person in possession thereof at the time of seizure a written notice in the form of Schedule C, that the said property will be sold as shall be specified in such notice:

(a) every notice issued under sub-section (3) of section 147,

(b) every distress made under section 152, and

(c) the costs of maintaining any live-stock seized under the said section, shall be chargeable at the rates respectively prescribed in the rules made in this behalf and shall be included in the costs of recovery to be levied under section 148.

(a) the appeal is brought within 30 days next after service of the notice of demand complained of,

(b) an application in writing, stating the grounds on which the claim of the Board is disputed has been made to the Board within thirty days next after the presentation of a bill under sub-section (1) of section 147, and

(c) the amount claimed from the appellant has been deposited by him in the office of the Board.

Chapter XI.

Officers and Servants of Boards.

Chapter XII.

Control.

(a) call for any extract from the proceedings of the Board or any Committee appointed by such Board, and call for or inspect any book or document in the possession of or under the control of a Board or any officer of the Board or of any Committee, Sub-Committee or Joint Committee;

(b) require any Board or any officer of the Board, or a Committee, Sub-Committee or Joint Committee to furnish any return, plan, estimate, statement, account, report or any other information or statistics which he may consider necessary; and

(c) require a Board to take into its consideration-

(i) any objection which appears to him to exist to the doing of anything which is about to be done by such Board, or

(ii) any information furnished by him which appears to him to necessitate the doing of a certain thing by such Board and to make a written reply to him, within a reasonable time, stating its reasons for doing or omitting to do such thing.

Chapter XIII.

Notices, Appeals and Procedure relating to Offences.

(a) wherever it is practicable service shall be made by delivering or tendering the notice or bill personally to the person to whom it is addressed, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.

(b) Where such person cannot be found and has no agent empowered to accept service on his behalf, service may be made on any adult male member of his family who is residing with him.

(c) Where the serving officer delivers or tenders the notice or bill to such person personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom it is so delivered or tendered to an acknowledgement of service.

(d) Where such person or his agent or such other person as aforesaid refuses to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find such person and there is no agent empowered to accept service on his behalf, nor any other person on whom service can be made, the serving officer shall affix the notice or bill on the outer door or some other conspicuous part of the house in which he ordinarily resides or carries on business or personally works for gain and shall then return the original to the authority who issued the notice or bill with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.

(e) The serving officer shall, in all cases in which service has been made under clause (c), endorse or annex, on or to the original notice or bill, a return stating the time when and the manner in which it was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender.

(f) Where the authority issuing the notice or bill is satisfied that there is reason to believe that the person to whom it is addressed is keeping out of the way for the purpose of avoiding service, or that for any other reason the notice or bill cannot be served in the ordinary way, such authority shall order it to be served by affixing a copy thereof in some conspicuous place in the office, and also upon some conspicuous part of the house (if any) in which such person is known to have last resided or carried on business or personally worked for gain, or in such other manner as he thinks fit. Service substituted by order of such authority shall be as effectual as if it had been made on such person personally. Where service is substituted by order of the authority, the authority shall fix such time for the appearance of the person as the case may require.

(g) Where the person to whom the notice or bill is addressed resides out of the district and has no agent in the district empowered to accept service, the notice or bill shall be addressed to him at the place where he is residing and sent to him by post, if there is postal communication between such place and the place from which the notice or bill is sent.

(a) by giving or tendering the notice to the owner or occupier, or, if there be more owners or occupiers than one, to any one of them;

(b) if no such owner or occupier be found then by giving or tendering the notice to some adult male member of the family of any such owner or occupier as aforesaid;

(c) if none of the means aforesaid be available then by causing the notice to be fixed on some conspicuous part of the building or land for which the same relates.

(a) the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or

(b) the amount which, at any time after such demand and notice not to pay the same to his landlord, has accrued and become payable by such occupier :

Appeals

(a) an order under clause (iv) of sub-section (3) of section 48;

(b) an order of assessment of any tax under Chapter X other than the local cess, passed after giving the assesses an opportunity to submit their objections and after hearing the objections, if any, made by them;

(c) an order of refusal to refund any tax mentioned in clause (b);

(d) an order suspending or cancelling the licence of a private market under section 124;

(e) an order with regard to sources of water under sections 84, 85, 86 and 88;

(f) an order under section 102 requiring permission to erect or re-erect any building or to construct, establish or install any factory, machinery or manufacturing plant or requiring any building, alteration, addition construction, establishment or installation to be altered, demolished or removed, as the case may be;

(g) an order of surcharge under para (e) of clause (xx) of sub-section (2) of section 200.

(a) that substantial loss may result to the party applying for stay of execution unless the order made;

(b) that the application has been made without unreasonable delay; and

(c) that security has been given by the applicant for the due performance of such order as may ultimately be binding upon him.

Procedure relating to offences.

Chapter XIV.

Rules and Bye-laws.

(i) the delimitation of constituencies, under section 7, preparation and publication of list of voters under section 9, mode, time and conduct of election of members, President and Vice-President under sections 11 and 36, the time within which and the manner in which return of election expenses shall be lodged under section 14, the consequences of not lodging such return and the filling of casual vacancies under section 40;

(ii) the decision of doubts and dispute relating to the election of members, the President and the Vice-President, the evidence to be admitted, the procedure to be followed, the powers to be exercised by the Election Tribunal in making inquiries, including power to indemnify witnesses against civil or criminal proceedings, and to enforce orders made in such inquiries;

(iii) what shall constitute corrupt and illegal practices under this Act at elections for the purpose of rendering such elections void, and the disability to which persons found guilty of such practices shall be liable, and providing in which cases such disability may be removed;

(iv) the moving of no-confidence motion against President or Vice-President under clause (c) of sub-section (1) of section 37;

(v) the formation, constitution, procedure and term of office or members of Committees and Sub-Committees and the delegation to Sub-Committees of powers, duties and functions with reference to sections 41, 42, 43 and 44;

(vi) the powers and functions of the President with reference to section 45;

(vii) the conduct of business in meeting of Board and interpellation by the members of the Board under Chapter IV;

(viii) the independent authority which the Board may exercise in respect of public institutions, maintained out of its fund, with reference to section 68;

(ix) the transfer of immovable property under section 70;

(x) the powers of the Board to compromise any suit instituted by or against the Board or any claim or demand with reference to section 79;

(xi) the duties and discretionary powers of a Board with reference to sections 80 and 81;

(xii) the conditions for issue of licence under section 91;

(xiii) the provisions subject to which a place may be used for the purposes mentioned in section 97 and the fees for licences granted under that section;

(xiv) the provisions subject to which any building may be erected or re-erected or a factory, workshop or workplace may be established or installed under section 102;

(xv) the regulation of the lay-out, improvement and development of rural areas and the manner in which a regional or village plan or a local lay-out shall be sanctioned by Government under section 103, and in particular regarding-

(a) the authorities by whom a regional or village plan or local lay-out shall be made and executed;

(b) the localities in the area concerned which shall be notified as reserved for residential, factory or other purposes;

(c) the prohibitions, restrictions, limitations and conditions entailed by a notification under sub-section (1) of that section on existing houses, factories, trades, business and other things;

(d) the sanitary principles and building regulations to be observed in drawing up plans and layouts;

(e) the regulation of the erection of buildings along main and by-pass roads used for thorough traffic or adjoining the area concerned;

(f) restriction on building in the interests of the safety of aircraft using any aerodrome in or adjacent to the area concerned;

(g) the streets or roads and the improvements thereto provided in a plan or layout which shall be made or carried out at the expense of the Board the owners of the property or both;

(h) the levy of betterment, contributions by the Board or other authority carrying out any regional or village plan or local lay-out from the owner of any property the value of which has increased or is likely to increase by reason of the making of such plan or lay-out;

(i) the manner in which the expenses attendant upon the making or execution of a regional or village plan or local lay-out and the profits accruing therefrom shall be apportioned between the Boards concerned or between them and the Government;

(j) the regulation of the manner in and the extent to which all documents and plans prepared in this behalf shall be made accessible to the public;

(xvi) the regulation of public and private markets under sections 121 and 123 and the collections of charitable funds and subscription in the said markets;

(xvii) the conditions for issuing licences under section 123 and the fees which may be charged therefor under that section;

(xviii) the meeting of expenditure from the District Fund with reference to sub-section (2) of section 129;

(xix) the preparation and form of annual estimates of income and expenditure, the date of submission of budget estimates; and in particular the items of expenditure and the apportionment of local cess after deducting administrative and audit charges between various heads viz., General, Education and Medical;

(xx) the accounts to be kept and statements to be submitted and the audit of such accounts under section 133; and in particular regarding-

(a) financial powers of Boards and Officers;

(b) the appointments, payment and powers of District Fund Auditors;

(c) the authorities to whom such auditors shall be subject;

(d) the manner of audit and the way in which audit reports are to be disposed of;

(e) the surcharging upon the Board or upon all or any of its members or its officers and servants, or other persons, for any improper expenditure of the Board's Funds or any loss or waste of the Board's Funds or resources caused by negligence, impropriety or dishonesty;

(f) the power of the Board and its President and the other authorities to accord administrative sanction and of Local Fund Engineers of all grades to accord technical sanction, to estimates of public works;

(g) the manner in which estimates are to be prepared, works executed and paid for;

(h) the payment of bills and charges generally;

(i) the fixation of installments of arrears of sums due to Boards and writing off of such sums as irrecoverable;

(j) the power to re-appropriate within the budget estimates;

(k) the control which may be exercised over Boards in respect of financial matters generally and the authorities who may exercise such control;

(xxi) the carrying out of the purposes provided for in sections 135 and 136;

(xxii) the imposition and assessment of special tax under section 138, the imposition and assessment and maximum amounts or rates of taxes under section 139 and for preventing evasion of assessment and payment, for the payment of lump-sums in composition, and for fixing the fees for-

(a) every notice of demand issued under subsection (3) of section 147;

(b) every distress made under section 152;

(c) the costs of maintaining any livestock seized under the said section;

(xxiii) the refund of taxes under section 163 and the limitation for such refunds;

(xxiv) the appointment, conditions of service, etc., of officers and servants under section 165;

(xxv) the regulation of relations between Boards and other local authorities, with reference to sub-section (2) of section 179;

(xxvi) the appointment of technical and inspecting officers and their establishment, their duties, powers and conditions of service, the procedure to be followed for paying salaries and allowances to them and their establishment and the apportionment of expenses attending the appointment and entertainment of such officers and their establishment and other charges pertaining thereto or arising therefrom, with reference to section 180;

(xxvii) the procedure to be followed in the composition of offences under section 198;

(xxviii) the procedure to be followed in correspondence between the Government and the Board;

(xxix) the guidance of Government and Board officials in all matters connected with the administration of this Act and for settling their mutual relations;

(xxx) the manner of publication of bye-laws made by a Board under section 201;

(xxxi) the translation in local language of this Act, and all rules and bye-laws made thereunder and their inspection by any inhabitant;

(xxxii) the powers which may be exercised by persons authorised under clause (b) of section 209; and

(xxxiii) any other matter which has to be, or may be, prescribed.

(a) for defining limits and regulating the use and management of, and for maintaining sanitary condition in any public market, fair, agricultural or industrial show or exhibition;

(b) for the management, maintenance and control of all matters administered by the Board under sections 80 and 81;

(c) for regulating the use of public roads and the traffic thereon and for securing cleanliness, security and order in respect of the same;

(d) for protecting from injury or interference anything within the limits of the Board jurisdiction or in the charge of the Board being the property of the Government or of the Board;

(e) for licensing brokers, commission agents, weighmen or measurers practising their calling in any public market or fair, and fixing the fees leviable on them and the conditions on which the licenses are to be granted and may be revoked;

(f) for the appointment of persons to register sales of animals in any public market or fair;

(g) for the appointment of a committee for any public market, fair, agricultural or industrial show or exhibition, and for the delegation to such committee of all or any of the powers of the Board for the control and supervision of such market, fair, show or exhibition; and

(h) generally for carrying out the purposes of this Act.

Chapter XV.

Miscellaneous.

(i) that any power or function vested in a Panchayat or class of Panchayats generally by or under that Act, shall be transferred to and be exercised or performed by a Board within the area under its jurisdiction, or

(ii) that any power or function vested in a Board or Boards generally by or under this Act shall be transferred to and be exercised or performed by any Panchayat or class of Panchayats within the area under its or their respective jurisdiction, or

(iii) that any power or function vested in a Board under this Act as well as in a Panchayat or class of Panchayats generally under that Act, shall be exercised or performed exclusively either by the Board or by the Panchayat or class of Panchayats generally within the area under its or their respective jurisdiction.

(a) the powers of the High Court and the Court of Session under sub-section (3) of section 26 of the said Act, shall be exercisable only in respect of cases under Chapter IV & V of the said Act and in respect of all other cases under the said Act, the said powers shall be vested in the Board;

(b) in respect of powers under the control or management of a Board, the High Court shall have no powers under sub-section (4) of section 26 of the said Act, and the Government may authorize any person or persons to exercise such of those powers as may be prescribed and may, at any time withdraw such powers;

(c) the powers of the High Court under section 27 of the said Act shall not be exercisable by the Court and the said powers shall be exercised by the Government.

(a) such repeal shall not affect the liability of any person to pay any sum due from him under the said Act or the validity or invalidity of anything done thereunder;

(b) all Boards constituted under the said Act including interim Boards and those existing immediately before the coming into force of this Act shall be deemed to have been established as Boards under this Act until such Boards are constituted afresh in accordance with the provisions of this Act; and the rights and liabilities of any such Boards shall be vested in and attached to the Boards so deemed to have been established;

Schedule A.

(See sub-section (3) of section 147)

Form of Notice of Demand.

(Signed)

By Order of the Board of

Schedule B.

(See section 148)

Form of Warrant

(Here insert the name of the officer charged with the execution of the warrant).

(Signed)

President

(or as the case may be, see section 149.)

*Here describe the tax.

Schedule C.

(See clause (c) of section 152 and sub-section (1) of section 158)

Form of Inventory and Notice

A.B.___________________residing at__________________

Inventory.

(here state particulars of goods and chattels seized).

*Here describe the tax.