GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Municipalities – Tirupathi Municipal Council – Council Resolution No. 246, dated .24.11.2004  passed by the Council  - Cancellation of Council Resolution – Show cause Notice  issued.

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (ELE.II) DEPARTMENT

 

G.O.Ms.No. 310                                                                 Dated:    11-04-2005

                                                                                                Read the following:

1.      From the Chairperson, Tirupathi Municipal Council letter dated 26.11.2004.

2.      The Commissioner & Director of Municipal Administration,        

       Lr.No.18306/2004/Elec.1, dated 24.2.2005.

            ****

ORDER:

            In the reference 1st read above,  the Chairperson Municipal Council, Tirupati has stated that they have convened an urgent Council meeting on 24.11.2004 in Tirupathi Municipality and the majority of Council members expressed their views and opposed to upgrade the Tirupathi Municipality as Corporation that too in the middle of the Council period. He has also stated that the surrounding Grampanchayat Sarpanches have  also opposed  to upgrade the Tirupathi Municipality as Municipal Corporation and to  merge the surrounding Grampanchayats into Tirupathi Corporation.  The Tirupathi Municipal Council  in its Resolution No.246, dated 24.11.2004, has resolved against the  upgradation as it is not in accordance with rules and there is still 2 years and 3 months time to complete the term of the present Council and as the majority members of the Council are against the upgradation and requested the Government to drop the proposal.

 

   2.      The Commissioner and Director of Municipal Administration in his letter 2nd read above has stated  that in  the  Andhra Pradesh Municipal Corporations (Fixation of Criteria for Specification of larger Urban Areas) Rules, 1994 issued in G.O.Ms.No. 449 M.A. dated 18.8.1994,  the following criteria is fixed for declaration of smaller urban area as larger urban area.

 

(a) Population                    4.00 lakhs provided that a Municipality with lesser population may also be considered, if it  is of regional importance or has to play a     significant role in regional development by     virtue of its strategic location.

 

(b) Density of population       :   10,000 per Sq. Km. Provided that a  Municipality with a lesser

                                                  density of  population  may  also  be  considered  if  it is  of                                                    regional importance or has to play a   significant  role.  In

                                                   regional development   by virtue of its strategic location.

 

(c) Revenue                          :    Rs.4.00 Crores and above.

 

(d) Percentage of population              Not less than 85%

      engaged in non-agricultural :

      activities

 

(e) Economic importance    : Established industries, potential for growth of industries, commerce, higher education, medical facilities and adequate infrastructure necessary for economic and Industrial growth.

 

(f) Other Factors               : The number of peripheral villages whose growth and expansion are towards the proposed larger urban area.

 

3.         The Commissioner and Director of Municipal Administration has stated that the following criteria exist in Tirupathi Municipality:

 

A)Population

2,27,657 ( as per 2001 census)

b) Density of population per Sq.Km.

13,723

c) Revenue

2001-02

2002-03

2003-04

 

Rs.16.85 Crores

Rs.21.60 Crores

Rs.27.00 Crores

d) Percentage of population engaged in non-agricultural activates.

95%

e)Economic importance

a)      Important centers for education: S.V.University, Sri Padmavathi Mahila University, Agricultural University College, Sanskrit Vidya Peet, Sri Venkateswara medical College etc.

b)      Important Centers for Medical Care: RUIA Hospital, SVIMS, BIRRD Hospital and Ayurvedic colleges etc.

c)      Important Centre for Trade and Commerce for Chittoor and surrounding districts.

d)      Land and property prices have increased multifold  in recent years.

i) Other factors

The Collector and District Magistrate has stated that the spiraling growth in the number of pilgrims visiting Tirumala and other temples in Tirupati and the surrounding areas has led to incremental expansion in trade, commerce, hospitality and travel related services in recent years.  The potential for continued growth in the above areas and also in new avenues in the related areas is extremely bright.

4.            According to Section 2 (d) of Andhra Pradesh Municipal Corporations Act, 1994, larger Urban  area means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as may be prescribed, specify by notification for the purposes of this Act.

                                                                                                                       

5.         According to Section 3 (1) of the aforesaid Act, 1994 where a notification is issued by the Governor specifying an area as a larger urban area under Clause (d) of Section 2, a Corporation shall be deemed to have been constituted for such area.

6.         As per the particulars received from the Commissioner and Director of Municipal Administration, it is observed that the particulars of Tirupathi Municipality are in accordance with the Andhra Pradesh Municipal Corporations (Fixation of Criteria for Specification of Large Urban Areas) Rules, 1994, issued in G.O.Ms.No.449, MA &UD (Elec.I), dt.18.8.1994, except in case of population and it is open to the Government to consider the Municipality with lesser population as larger urban area, if it is of regional importance or play a significant role in regional development by virtue of its strategic location.

 

7.         In this connection,  the Collector and District Magistrate has stated that the Tirupati Town being renowned major Pilgrim Centre in the Country witnessing the spiraling growth in the number of pilgrims visiting Tirumala and other temples in Tirupati and the surrounding areas which led to incremental expansion in trade, commerce, hospitality and travel related services in recent years.  The potential for continued growth in the above areas and also in new avenues in the related areas is extremely bright.  The Tirupati Town is an important Center for Education, medical Care,  trade and commerce for Chittoor and its  surrounding Districts.

 

8.         After considering the particulars furnished by the Commissioner and Director of Municipal Administration, Andhra Pradesh, Hyderabad, the Government  is of the opinion to constitute Tirupati Municipal Corporation and to abolish the Tirupati Municipality under sub section (1) of section 3-A of the A.P. Municipalities Act, 1965.

 

9.            Government after careful examination of the matter have provisionally decided to cancel the Council Resolution No.246, dated.24112004, passed by the Municipal Council, Tirupathi under sub Section (1) of Section 59  of the  Andhra Pradesh Municipalities Act, 1965 as the said resolution is against  public interest.

 

10.       Now therefore , notice is hereby given to the Municipal Council, Tiruptahi to explain within fifteen (15) days from date of receipt of this notice, as to why the Council Resolution No.246, dt.24.11.2004 passed by them shall not be cancelled under section 59(1)of Andhra Pradesh Municipalities act, 1965, as the said resolution is against Public interest as indicated above  and if no reply is received within the above stipulated period, it will be construed that there is no explanation to offer and further action will be taken as per the material available with the Government.

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

                                                                                      VEENA ISH,

SECRETARY TO GOVERNMENT

 

 

To

The Chairperson, Tirupathi Municipal Council, Tirupati.

The Commissioner and Director of Municipal Administration, Hyderabad.

The Commissioner, Tirupathi Municipality.

Copy to :

The Law (A) Department

S.F./S.C.

 

//  FORWARDED BY ORDER  //

 

 

SECTION OFFICER