THE GREATER HYDERABAD MUNICIPAL CORPORATION

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THE GREATER HYDERABAD MUNICIPAL CORPORATIONACT, 1955.(ACT NO. II OF 1956)ARRANGEMENT OF SECTIONSSectionsCHAPTER - IPreliminary1.Short title, extent and commencement.2.Definitions.3.Constitution of Corporation.CHAPTER - II.The Municipal Constitution.Municipal Authorities.4.Municipal authorities charged with the execution ofthe Act.The Municipal Corporation.5.Composition of Corporation.Term of office of Members6.Term of office of Members.7.Elections when to be held.Qualifications and Disqualifications of Voters.8.Division of Corporation into wards etc., for thepurpose of election of Members.8-A.Constitution, composition and functions, rights ofWard Committee, etc.8-B.Constitution of Area Sabha, representatives ofArea Sabha and their qualifications, functions,duties etc.

2[Act No. II of 1956]9.State Election Commission.10.Powers and functions of the State ElectionCommissioner.11.Omitted.12.Preparation, revision and publication of electoralroll for Corporation.12A.Voter Identity Cards.13.Omitted.14.Omitted.15.Breach of official duty in connection with thepreparation etc, of electoral rolls.16.Custody and preservation of list.Corrupt Practices17.Corrupt practices.18.19.Disqualification for voting, for being andcontinuing as a Member.20.Disqualification for voting.20-A.Disqualification on ground of corrupt practice orelection offences.20-B.Disqualification for failure to lodge account ofelection expenses.21.Qualification for being elected as a Member.21-A.General disqualification.21-B.Person having more than two children to bedisqualified.22.Disqualification for being a Member.

[Act No. II of 1956]23.3Disqualification for continuing as .Authority to decide questions of disqualificationsof Members and Mayor.Conduct of Elections.24.Notification to call upon wards.25.Returning Officer for each ward.25-A.Returning Officer for the Corporation.26.Assistant Returning Officer.27.Returning Officer to include Assistant ReturningOfficers performing the functions of the ReturningOfficer.28.General duty of the Returning Officer.29.Provision of polling stations for wards.30.Appointment of presiding officers for pollingstations.31.General duty of the Presiding Officer.32.Duties of a polling officer.32-A.Electoral officers and staff etc., deemed to be ondeputation.33.Appointment of dates of nominations, etc.34.Symbols for direct elections.35.Public notice of election.36.Presentation of nomination paper andrequirements for a valid nomination.37.Deposits.

4[Act No. II of 1956]38.Notice of nominations and the time and place fortheir scrutiny.39.Scrutiny of nominations.40.Withdrawal of candidature.41.Publication of list of contesting candidates.42.Omitted.43.Appointment of election agents.44.Disqualification for being an election agent.45.Revocation of the appointment, or death of anelection agent.46.Other functions of the election agents.47.Appointment of polling agents.48.Appointment of counting agents.49.Revocation of the appointment, or death, of apolling agent or counting agent.50.Functions of polling agents and counting agents.51.Candidate and his election agent to perform thefunctions of a polling agent or counting agent.52.Non-attendance of polling or counting agents.53.Death of candidate of recognised or registeredPolitical Party before poll.54.Procedure in contested and uncontestedelections.55.Omitted.56.Eligibility of members of Scheduled Castes,Scheduled Tribes, Backward Classes andWomen to non-reserved seats.56-A.Reservation of office of members to cease aftercertain date.

[Act No. II of 1956]557.Fixing time for poll.58.Adjournment of poll in emergencies.59.Fresh poll in the case of destruction, etc., of ballotboxes.59-A.Adjournment of poll or countermanding ofelection on the ground of booth capturing.60.Manner of voting at elections.60-A.Voting machines at elections.61.Right to vote.62.Omitted.63.Counting of votes.63-A.Destruction, loss, etc., of ballot papers at the timeof counting.64.Equality of votes.65.Declaration of results.66.Report of the result.66-A.Date of election of candidate.67.Prohibition of simultaneous representation.68.Omitted.69.Omitted.70.Government may make rules for the conduct ofelections.70-A.Requisitioning of premises and vehicles forelection purposes.70-B.Payment of Compensation.70-C.Power to obtain information.70-D.Eviction from requisitioned premises.

6[Act No. II of 1956]70-E.Penalty for contravention of any order regardingrequisitioning.70-F.Delegation of powers of the Government.70-FF.Delegation of powers of the Commission.70-G.Appointment of Special Officer.Presentation and Trial of Election Petition71.Election petition.72.Parties to the petition.73.Contents of Petition.74.Relief that may be claimed by the Petitioner.75.Election Tribunal.76.Powers of the Tribunal.77.Decision of the Tribunal.78.Other orders to be made by the Tribunal.79.Grounds for declaring election to be void.80.Grounds for which a candidate other than thereturned candidate may be declared to havebeen elected.81.Procedure in case of an equality of votes.82.Communication of orders of the Tribunal and thetransmission of the records of the case to theCommissioner.83.Appeal against order of the Tribunal.84.Orders of the Tribunal to be final and conclusive.85.Orders when to take effect.86.Reference to the Election Tribunal.87.Procedure when no member is elected.

[Act No. II of 1956]7Proceedings of the Corporation.88.Provisions regulating the Corporation’sproceedings.89.Power to order withdrawal of Member.90.Election of Mayor and Deputy Mayor.90-A.91.91-A.92.Resolution of disputes relating to cessation fordisobedience of party whip.Deputy when to act as Mayor.Motion of no confidence in Mayor/ Deputy Mayor.Resignations.Committees.93.Constitution of the Standing Committee.94.95.96.97.Provisions regulating the proceedings of theStanding Committee.98.Special Committees of the Corporation.99.Appointment of Ad-hoc Committee.100.Joint transactions with other local authorities.Provisions regarding validity of proceedings.101.Vacancies in Corporation, etc., not to invalidateits proceedings.102.Proceedings of Corporation etc., not vitiated bydisqualification, etc., of members thereof.103.Proceedings of meeting to be good and validuntil contrary is proved.

8[Act No. II of 1956]The Municipal Commissioner.104.Appointment of Commissioner.105.Appointment of Special Commissioner, AdditionalCommissioner, Zonal Commissioner, JointCommissioner, Deputy Commissioner andAssistant Commissioner.106.Functions of an Special Commissioner, AdditionalCommissioner, Zonal Commissioner, JointCommissioner, Deputy Commissioner andAssistant Commissioner.Remuneration of Commissioner and SpecialCommissioner, Additional Commissioner, ZonalCommissioner, Joint Commissioner, DeputyCommissioner and Assistant Commissioner.107.Salary of the Commissioner and SpecialCommissioner, Additional Commissioner, ZonalCommissioner, Joint Commissioner, DeputyCommissioner and Assistant Commissioner.Provisions for absence of Commissioner orSpecial Commissioner, Additional Commissioner,Zonal Commissioner, Joint Commissioner,Deputy Commissioner and AssistantCommissioner on leave.108.Grant of leave of absence to the Commissioner orSpecial Commissioner, Additional Commissioner,Zonal Commissioner, Joint Commissioner,Deputy Commissioner and AssistantCommissioner.109.Allowances whilst absent on leave.

[Act No. II of 1956]110.9Appointment and remuneration of ActingCommissioner or Acting Special Commissioner,Additional Commissioner, Zonal Commissioner,Joint Commissioner, Deputy Commissioner andAssistant Commissioner.Disqualification of the Commissioner and theSpecial Commissioner, Additional Commissioner,Zonal Commissioner, Joint Commissioner,Deputy Commissioner and AssistantCommissioner.111.Commissioner and Special Commissioner,Additional Commissioner, Zonal Commissioner,Joint Commissioner, Deputy Commissioner andAssistant Commissioner not to be interested inany contract with the Corporation.CHAPTER III.Duties and Powers of the Municipal Authorities;Obligatory and Discretionary Duties of theCorporation.112.Matters to be provided for by the Corporation.113.Corporation to provide for anti-rabic treatment.114.Corporation to provide for maintenance of lunaticasylums.115.Matters which may be provided for byCorporation at its discretion.116.Social and economic measures.Respective functions of several MunicipalAuthorities.117.Functions of the several Municipal Authorities.118.Commissioner to exercise powers and performduties of Corporation under other law.

10[Act No. II of 1956]119.Municipal Officers may be empowered toexercise certain of the powers, etc., of theCommissioner.120.Corporation may call for extracts fromproceedings of the Standing Committee, etc.121.Corporation may require Commissioner toproduce documents and furnish returns, reportsetc.122.Right to ask questions and make proposals.123.Exercise of powers to be subject to sanction byCorporation of the necessary expenditure.Contracts.124.124-A.Power of the Commissioner to execute contractson behalf of the Corporation.Works costing more than rupees two crores.125.Mode of executing contracts.126.Tenders to be invited for contracts involvingexpenditure exceeding Rs.5 lakhs.127.Security when to be taken for performance ofcontract.128.Power of Corporation to determine whether worksshall be executed by contract.129.Works costing more than rupees three crores.129-A.Omitted.CHAPTER IVLOCAL GOVERNMENT SERVICE & MUNICIPALOFFICERS AND SERVANTS.Local Government Service.130.Local Government Service.

[Act No. II of 1956]11131.Local Government Service Fund.132.Power of Government to appoint other officers.132-A.Constitution of Common Municipal Service.City Engineer, Medical Officer of Health,Municipal Examiner of Accounts & MunicipalSecretary.133.Appointment of City Engineer, etc.134.Power and duties of City Engineer and MedicalOfficer of Health.135.Power and duties of Examiner of Accounts.136.Powers and duties of Municipal Secretary.Municipal Officers and Servants137.Numbers, designations, grades, etc., of MunicipalOfficers and servants.138.Omitted.139.Conditions of service and manner of makingappointments.140.Application of the Hyderabad Civil Service RulesManual and certain other rules.141.Power of suspension, punishment and dismissalin whom to vest.142.Leave of absence.143.Appointment during absence of an Officer.144.Disqualification of Municipal Officers andservants.

12[Act No. II of 1956]CHAPTER V.MUNICIPAL PROPERTYAcquisition of Property.145.Powers of Corporation as to acquisition ofproperty.146.Acquisition of immovable property by agreement.147.Procedure when immovable property cannot beacquired by agreement.Disposal of Property.148.Disposal of property and interests therein.CHAPTER VI.BORROWING POWERS.149.Powers to borrow from Central or StateGovernment or other persons.150.Provisions applicable to any new loan contractedwith Central or State Government.151.Mortgage of taxes or immovable property.152.Provisions as to exercise of borrowing powers.153.Investment of sinking fund and surplus moneys indebentures issued by the Corporation.154.Annual examination of sinking funds.155.Corporation may take advances from banks andgrant mortgages.156.Corporation to have power to borrow from banksagainst Government promissory notes orsecurities.157.Form of security.158.Issue of duplicate securities.

[Act No. II of 1956]13159.Renewal of debentures.160.Renewal of debentures in case of dispute as totitle.161.Liability in respect of debenture renewed.162.Discharge in certain cases.163.Indemnity.164.Right of survivors of joint payees of securities.165.Power of one or two or more joint holders to grantreceipts.166.Issue of stock certificates.167.Annual statement to be prepared byCommissioner.168.Attachment of municipal fund for recovery ofmoney borrowed from Government.CHAPTER VII.REVENUE AND EXPENDITURE.The Municipal Fund.169.Constitution of Municipal Fund.170.Commissioner to receive payments on account ofthe municipal fund and to lodge them in a bank.171.How the fund shall be drawn against.172.(1) Only sums covered by a budget grant to beexpended from municipal fund.(2) Exceptions.173.Procedure when money not covered by a budgetgrant is expended under clauses (e), (f), (g) or (h)of section 172.174.Purpose for which Municipal Fund is to applied.

14[Act No. II of 1956]175.Municipal Fund where to be expended.176.Temporary Payments from the municipal fund forworks urgently required for public service.Special Funds.177.Constitution of Special Funds.Disposal of Balances.178.Investment of surplus money.179.Keeping of Accounts.180.Preparation of Annual Administration Report andStatement of Accounts.181.Report and statement to be laid before theAssembly.182.Estimates of income and expenditure to beprepared annually by Commissioner.183.Classification of budget heads.184.Budget estimates to be prepared by the StandingCommittee.185.Consideration of Budget estimate by Corporation.186.Fixing of rates of taxes.187.Final adoption of budget estimates.188.Budget grant defined.189.Corporation may increase amount of budgetgrants and make additional grants.190.Unexpended budget grants.191.Reductions or transfer.192.Readjustment of income and expenditure to bemade by the Corporation during the course offinancial year whenever necessary.

[Act No. II of 1956]15193.Weekly scrutiny of accounts by Examiner ofAccounts and scrutiny of accounts by theStanding Committee.194.Duties and Powers of the Municipal Examiner ofAccounts.195.Report by Examiner of Accounts.196.Audit and Accounts.196-A.Finance Commission.CHAPTER VIII.Municipal Taxation.197.197-A.Taxes to be imposed under this Act. .198.Notice regarding levy of Taxes.199.Property Taxes of what to consist and at what rateleviable.200.Water tax on what premises levied.201.Conservancy tax on what premises to be levied.202.General tax on what premises to be levied.202-A.203.Exemption of property Tax.Payments to be made to Corporation in lieu ofgeneral tax by the Central Government or StateGovernment, as the case may be.Liability of Property Taxes.204.Primary responsibility for property taxes on whomto rest.205.Apportionment of responsibility for property taxwhen the premises assessed are let or sublet.206.Person primarily liable for Property tax entitled tocredit, if he is a rent payer.

16[Act No. II of 1956]Notice of transfer, etc., of premises assessable toProperty Tax.207.Notice to be given to the Commissioner of alltransfers of title of persons primarily liable topayments of property tax.208.Form of notice.209.Liability for payment of property taxes to continuein the absence of any notice of transfer.210.Notice to be given to the Commissioner of theerection of a new building, etc.211.Notice to be given to the Commissioner ofdemolition or removal of a building.Valuation of Property assessable to PropertyTaxes.212.Rateable value how to be determined.213.Commissioner may call for information or returnsfrom owner or occupier or enter and inspectassessable premises.Assessment Book.214.Assessment book what to contain.215.The assessment book to be made separately foreach ward and in parts, if necessary.216.Treatment of property which is let to two or morepersons in separate occupancies.217.Person primarily liable for property taxes how tobe designated, if his name cannot beascertained.218.Public notice to be given when valuation ofproperty in any ward has been completed.219.Assessment book to be open to inspection.

[Act No. II of 1956]220.220-A.17Time for filing complaints against valuations to bepublicly announced.Levy of Penalty on unauthorized constructions.221.Time and manner of filing complaints againstvaluation.222.Notice to complainants of day fixed forinvestigating their complaints.223.Hearing of complaint.224.Authentication of ward assessment books whenall complaints have been disposed of.225.Assessment book may be amended by theCommissioner during the financial year.226.New assessment book need not be preparedevery financial year.226-A.Preparation of a new assessment book.Special provisions concerning the Water andConservancy Taxes.227.Omitted.228.Omitted.229.Supply of water at public drinking fountain, etc,not to be taxed.230.Conservancy tax may be fixed at special rates incertain cases.231.Water tax or conservancy tax paid by any personmay be recovered by him from the occupier ofthe premises for which it is paid.Refund of Property Taxes for Vacancies.232.Refund of Property Taxes.233.Vacancies for the purposes of section 232.

18[Act No. II of 1956]234.Refund not claimable unless notice of vacancy isgiven to the Commissioner.235.Refund of water-tax inadmissible unlessapplication for stopping water supply has beenmade.236.Refund of general tax inadmissible whendrawback has been sanctioned.237.Applications for refund and how to be made.238.Property tax, a first charge on property andmovables.Tax on Vehicles and Animals.239.Tax on vehicles, boats and animals.240.Exemption from the tax.241.Livery, stable-keepers and others may becompounded with.242.Vehicle and animal tax book to be kept.243.Returns may be called for from owners ofpremises and persons supposed to be liable tothe tax.244.Notice to be given to Commissioner by a personwho becomes owner or possessed of a vehicle oranimal in respect of which liability arises, etc.245.Power to inspect stable, garage, etc., andsummon persons liable to tax.246.Refund of tax on vehicles and animals when andto what extent obtainable.247.Refund not claimable unless notice is given to theCommissioner.Dogs.248.Tax on dogs.

[Act No. II of 1956]19249.Licence and number ticket for and disposal ofdogs.250.Protection of persons acting in good faith.251.Certain sections not to apply.Octroi.252.Octroi at what rates and on what articles leviable.253.Table of rates of octroi to be affixed on certainplaces.254.Exemption of articles belonging to Governmentfrom octroi and refund of octroi on articlesbecoming property of Government.255.Exemption of articles imported for immediateexportations.256.Refund of octroi on export.257.Omitted.258.Entertainment tax.259.Exemption from entertainment tax.260.Returns by persons in charge of entertainment.261.Tax on transfer of property.262.Omitted.Supplementary Taxation.263.Any tax imposable under this Act may beincreased by way of imposing supplementarytaxation.Collection of Taxes.264.Property taxes how payable.265.Tax on vehicles, animals and public conveyancespayable in advance.

20[Act No. II of 1956]266.Service of bills for certain taxes.267.When one bill may be served for several claims.268.Omitted.269.Distress.270.Goods of defaulter may be distrained whereverfound.271.Inventory and notice of distress and sale.272.Sale.273.Fees for distraints.274.Fees for cost of recovery may be remitted.275.Seizure of vehicles and animals if tax on vehiclesand animals not paid and number plate notobtained.276.When occupiers may be held liable for paymentof property tax.277.Summary proceedings may be taken againstpersons about to leave the city.278.Defaulters may be sued for arrears if necessary.278-A.Limitation for recovery of dues.279.Collection of Octroi how to be effected.280.Powers of persons authorised to collect andrefund Octroi.281.Writing off of irrecoverable taxes.281-A.Liability for loss, waste, misapplication.Appeals against Valuations and Taxes.282.282-A.Appeals when and to whom to lie.Omitted.

[Act No. II of 1956]21283.Cause of complaint when to be deemed to havesecured.284.Arbitration.285.Appointment of valuer.286.Reference of question to High Court.287.Appeals.288.Costs of proceedings in appeal.289.Unappealed values and taxes and decisions onappeal to be final.CHAPTER IX.DRAINS AND DRAINAGE WORKS.Municipal Drains.290.Municipal drains to be under the control ofCommissioner.291.Vesting of water-course.292.Drains to

168. Attachment of municipal fund for recovery of money borrowed from Government. CHAPTER VII. REVENUE AND EXPENDITURE. The Municipal Fund. 169. Constitution of Municipal Fund. 170. Commissioner to receive payments on account of the municipal fund and to lodge them in a bank. 171. How the fund shall be drawn against. 172.

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