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State of Andhra Pradesh - Section

Section 326 in Andhra Pradesh Municipalities Act, 1965

326. Power of Government to make rules.

(1)The Government may by notification in A.P.Gazette make rules for carrying out all or any of the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing power they may make rules
(a)with reference to all matters expressly required or allowed by this Act to be prescribed;
(b)[ with regard to all matters not expressly provided for in this Act, relating to electoral rolls, conduct of elections and resolution of disputes relating to elections to any office, including deposits to be made by candidates standing for direct elections and the conditions under which such deposits may be forfeited;] [Substituted by Act No. 28 of 2005, dated 25.10.2005.]
(c)as to the conditions on which property may be acquired by the council or on which property vested in or belonging to the council may be transferred by sale, mortgage, lease, exchange or otherwise;
(d)as to the working of provident funds;
(e)as to the matters mentioned in Rule 39 of the Taxation and Finance Rules in Schedule II; as to the conditions on which grants-in-aid shall be paid from municipal fund for purposes of education and medical relief and as to the conditions on which grants and loans may be made to co-operative building societies;
(f)as to the intermediate offices, if any, through which correspondence between the municipal authorities and the Government or officers of the Government shall pass;
(g)as to the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the council and the power of to municipal authorities or officers of the Government, to accord professional or administrative sanction to estimates;
(h)as to the accounts to be kept by the council, the manner in which such accounts shall be audited and published and as to the conditions under which the rate-payers may appear before auditors, inspect books and vouchers and take exception to items entered or omitted therein;
(i)as to the estimates of receipts and expenditure, returns, statements and reports to be submitted by council;
(j)as to the modes in which the officers of the Government shall advise and assist council in carrying out the purposes of this Act;
(k)as to the interpellation of the Chairperson by the Members;
(l)as to the moving of resolutions at the meetings of the Council;
(m)for regulating the sharing between local authorities of the proceeds of the x x x tax on carriages and carts, tax on animals, and other taxes or income levied or obtained under this or any other Act;
(n)as to the form of registers and returns of births and deaths and the manner in which the registers shall be maintained, the dates on which returns shall be made and the officer to whom returns shall be sent;
(o)as to the transfer of allotments entered in the sanctioned budget of a council from one head to another;
(p)as to the power of auditors, inspecting and superintending officers and officers authorised to hold inquiries, to summon and examine witnesses, and to compel the production of documents and all other matters connected with audit, inspection, and superintendence;
(q)for determining the cost of buildings and lands;
(r)as to the fines to be imposed in respect of breach of bye- laws made under Section 330;
(s)as to the procedure to be followed in the making of a layout and forming of street or road and the setting apart of areas for public purposes and for determining the information and plans to be submitted with the applications for permission to make layouts and form streets or roads and set apart areas for public purposes and for regulating the level and width of public streets or roads and the height of buildings abutting thereon.
(3)In making any rules, the Government may provide that a breach thereof shall be punishable with a fine which may extend to one hundred rupees.
(4)Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature 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, both Houses agree 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 in the Andhra Pradesh Gazette, 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 of anything previously done under that rule.