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State of Andhra Pradesh - Section

Section 2 in Andhra Pradesh Panchayat Raj Act, 1994

2. Definitions.

- In this Act, unless the context otherwise requires, -
(1)'Andhra Area' means the territories of the State of Andhra Pradesh other than the Telangana area;
(2)'Backward Classes' mean any socially and educationally Backward Classes of citizens recognised by the Government for purpose of clause (4) of Article 15 of the Constitution of India;[* * *] [Omitted by Section 2 of Act No. 5 of 1995.]
(3)'building' includes a house, out-house, shop, stable, latrine, shed (other than a cattle shed in an agricultural land), hut, wall and any other such structure whether of masonry, bricks, wood, mud, metal or other material whatsoever;
(4)'casual vacancy' means a vacancy occurring otherwise than by efflux of time, and 'casual election' means an election held to fill a casual vacancy;
(5)['Chairperson'] [The words Chairman and Vice-Chairman substituted with Chairperson and Vice Chairperson by Section 7(i) and (ii) of Act. No. 37 of 2001.] means the Chairperson of a [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] elected under Section 181;
(6)'Chief [Executive Authority] [The words executive officer substituted with the words Executive Authority through out the principal Act by Section 12 of Act No. 22 of 2002.]' means the Chief Executive Authority of the [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] appointed under Section 186;
(7)'Collector' means any officer incharge of a Revenue Division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector;
(8)'Commissioner' means any officer who is authorised by the Government to exercise any of the powers or discharge any of the duties of the Commissioner under this Act;
(9)'Company' means a Company as defined in the Companies Act, 1956 (Central Act 1 of 1956) and includes a foreign company within the meaning of Section 591 of that Act;
(10)'District Munsif' means the District Munsif appointed under the Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1971);
(11)'election authority' means such authority not being a member or office bearer of any local authority as may, by notification, be appointed by the Andhra Pradesh Election Commissioner for Local Bodies;
(12)[ 'executive authority' means the Panchayat Secretary appointed to each Gram Panchayat.] [Substituted by Section 2(1) of Act No. 22 of 2002.]
(13)[***] [Omitted by Section 2(2) of Act No. 22 of 2002.]
(14)'factory' means a factory as defined in the Factories Act, 1948 (Central Act 63 of 1948) and includes 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;
(15)'Finance Commission' means the Finance Commission constituted by the Governor under Section 235;
(16)'Government' means the State Government;
(17)'Gram Panchayat' means the body constituted for the local administration of a village under the Act;
(18)'Gram Sabha' means the Gram Sabha which comes into existence under Section 6;
(19)'house' means a building or a hut fit for human occupation, whether as a residence or otherwise and includes any shop, factory, workshop or warehouse or any building used for garaging or parking buses or as a bus-stand, cattle shed (other than a cattle shed in an agricultural land, poultry shed or dairy shed);
(20)'hut' means any building which is constructed, principally of wood, mud, leaves, grass, or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the Gram Panchayat may declare to be a hut for the purposes of this Act;
(21)'latrine' includes privy, water closet and urinal;
(22)'Mandal' means such area in a district as may be declared by the Government by notification to be a Mandal under Section 3 of the Andhra Pradesh District (Formation) Act, 1974 (Act 7 of 1974);
(23)'[Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.]' means, a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] constituted or reconstituted under Section 148;
(24)'[Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] Development Officer' means, the officer appointed by that designation under Section 168;
(25)'notification' means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
(26)'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;
(27)'ordinary vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an election held to fill an ordinary vacancy;
(28)'owner' includes -
(a)the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used; and
(b)the person for the time being in charge of the animal or vehicle in connection with which the word is used;
[(28-A) 'Panchayat Secretary' means the "Panchayat Secretary" appointed under Section 30;] [Inserted by Section 2(3) of Act No. 22 of 2002.]
(29)'population' or 'population at the last census' means the population as ascertained at the last preceding census of which the relevant figures have been published;
(30)'prescribed' means prescribed by the Government by rules made under this Act;
(31)'President' means the President of a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] elected under Section 153;
(32)'private road' means any street, road, square, court, alley, passage or riding path which is not a 'public road', but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of such premises;
(33)'public road' means any street, road, square, court, alley, passage or riding path, over which the public have a right of way whether a thoroughfare or not, and includes -
(a)the roadway over any public bridge or cause-way;
(b)the footway attached to any such road, public bridge or cause-way; and
(c)the drains attached to any such road, public bridge or cause-way, and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to Government;
(34)[ 'qualifying date' in relation to the preparation and publication of every electoral roll under this Act, means the first day of January of the year in which it is so prepared and published.] [Substituted by Section 2 of Act No. 26 of 2000.][(34-A) "Recognised Political Party" and "Registered Political party" shall have the meanings respectively assigned to them in the Election Symbols (Reservation and Allotment) Order, 1968, issued by the Election Commission of India under Article 324 of the Constitution of India and in the Registration of Political Parties and Allotment of Symbols Order, 2001, issued by the . - under Article 243-K of the Constitution of India.] [Inserted by Act No. 22 of 2006, dated 19.4.2006.]
(35)'registered voter' in the '[Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.]' or 'registered voter in the district' means a person whose name appears in the electoral roll prepared and published under Section 11 for any Gram Panchayat or Gram Panchayats comprised in the Mandal or as the case may be, in the District;
(36)'residence', 'reside' - A person is deemed to have his 'residence' or to 'reside' in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;
(37)'Sarpanch' means the Sarpanch of a Gram Panchayat elected under Section 14;
(38)'Scheduled Castes' and 'Scheduled Tribes' shall have the meaning respectively assigned to them in clause (24) and clause (25) of Article 366 of the Constitution of India;
(39)'Andhra Pradesh Election Commission for Local Bodies' means the Andhra Pradesh Election Commission for Local Bodies constituted under Section 200;
(40)['Andhra Pradesh Election Commissioner for Local Bodies'] [Substituted by Section 2 of Andhra Pradesh Act No. 33 of 1998.] means [Andhra Pradesh Election Commissioner for Local Bodies] [Substituted by Section 2 of Andhra Pradesh Act No. 33 of 1998.] appointed by the Governor under sub-Section (2) of Section 200;
(41)'Telangana Area' means the territories specified in sub-Section (1) of Section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(42)'village' means any local area which is declared to be a village under this Act;
(43)'water-course' includes, any river, stream or channel, whether natural or artificial;
(44)'year' means the financial year;
(45)'[Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.]' means a [Zilla Praja Parishad] [Substituted 'Zilla Parishad' by Act No. 41 of 2006, dated 23.9.2006.] constituted under Section 177.