, serves as a "savings clause" regarding the Hyderabad Municipal Corporation Act of 1956.
For the authoritative legal text, you can refer to the Greater Hyderabad Municipal Corporation Act, 1955 on the website.
Section 635 of the GHMC Act, 1955, is not a substantive power-granting provision but a . It ensures that decades of municipal actions, assessments, and rules do not collapse merely because the parent legislation has been updated. For citizens and lawyers, it is a double-edged sword: it provides stability to the municipal framework but also validates older governmental actions that might otherwise be challengeable on technical repeal grounds.
: The statutory wording notes that information is called for to facilitate the "service, issue, presentation, or giving of any notice, bill, schedule, summons or other document". Before the GHMC can issue property tax bills or legal penal notices, it must establish a clear legal recipient.
Always hire a lawyer familiar with the GHMC Act. Many general civil lawyers misunderstand Section 635’s continuing offense provision. what is section 635 of ghmc act 1955
Many operational bylaws of the GHMC (e.g., regarding building construction, market fees, or animal control) were drafted before 1955. Section 635 automatically “imports” these into the new legal regime unless explicitly canceled or amended.
The enforcement of Section 635 is subject to judicial review. Indian courts have consistently emphasized that the GHMC must follow the due process of law and cannot act arbitrarily. For instance, the Telangana High Court has intervened in cases where it found that a demolition notice was issued without proper consideration of the owner's explanation, deeming it a "reduced to an empty formality". The courts have also directed the GHMC to issue at least two notices to violators, providing them with reasonable opportunities to rectify the situation before any coercive action is taken.
: A five-star hotel in Nanakramguda was penalized ₹26,000 for procuring and using unstamped meat, among other violations, under the GHMC Act 1955. Similarly, Pakwan restaurant at Gachibowli was fined ₹10,000 for using unstamped meat and was prosecuted under Sections 548, 596, and 487 of the Act.
At its heart, Section 635 sets a procedural boundary. It tells the municipal officer what may be done, and—just as importantly—what may not. Where statutes roar with sweeping mandates, this clause speaks in the tempered voice of limits and conditions. It prescribes the manner in which certain municipal powers must be exercised, the safeguards to be observed, the forms to be followed. Think of it as the choreography beneath a public performance: its presence is felt most when someone falters. , serves as a "savings clause" regarding the
If any person begins, continues, or completes the construction of a building:
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Any notice, bill, schedule, or summons issued by the GHMC must be properly signed and authenticated.
Any person receiving a notice under Section 635 is under a statutory duty to provide true information. Failure to do so or providing false information can lead to legal penalties. Frequently Asked Questions (FAQs) It ensures that decades of municipal actions, assessments,
The stringent provisions of Section 635 are grounded in sound public policy considerations. Unauthorized construction poses serious risks, including structural instability, fire hazards, encroachment upon public spaces, violation of setback and floor area ratio (FAR) norms, and adverse impact on civic infrastructure such as drainage, water supply, and road networks. By equipping the GHMC with robust enforcement powers, the Act seeks to protect the safety and quality of life of all residents and ensure that Hyderabad's urban development proceeds in an orderly, planned, and sustainable manner.
: Any person served with this notice is legally bound to comply and provide true information to the best of their knowledge and belief. Purpose and Legal Utility
: The Act also provides a limited window for the affected party to challenge the action. Following the issuance of a demolition notice, the owner must approach the municipal building tribunal within 15 days from the date of receipt of the notice to seek any relief. This provision imposes a tight timeline for legal recourse and underscores the seriousness with which unauthorized construction is treated.