Andhra pradesh act 015 of 1996 : Andhra Pradesh Municipalities (Amendment) Act, 1996

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1996.

(2) It shall be deemed to have come into force with effect from the 12th February, 1996.

Section 2. Amendment of section 74

2. Amendment of section 74.- For section 74 of the Andhra Pradesh Municipalities Act, 1965 (hereinafter referred to as the principal Act), the following sections shall be substituted, namely:-

74. "Appointment to posts of Officers and employees of Council sanctioned under section 73.- Subject to any rules including the rule for the representation of Scheduled Castes, Scheduled Tribes and the socially and educationally backward classes of citizens which the Government may make in this behalf, and notwithstanding anything in the Andhra Pradesh (Andhra Area) Public Health Act, 1939 or any other law similar thereto for the time being in force, appointment to posts of officers and employees sanctioned under section 73, shall be made by the Chairperson:

Provided that an appointment to the post of a headmaster or a headmistress of a high school maintained by the Council shall be made from a panel prepared by a committee consisting of the Chair-person, the Commissioner, the District Educational Officer having jurisdiction and not less than three but not more than seven members chosen in this behalf by the Council:

Provided further that appointment to all the other posts the pay or maximum pay of which exceeds rupees one hundred shall be made from a panel prepared by a committee consisting of the Chair-person, the Commissioner and not less than three but not more than seven members chosen in this behalf by the Council."

Section 3. Amendment of section 77

3. Amendment of section 77.- For section 77 of the principal Act, the following section shall be substituted, namely:-

77. "Power to punish Municipal employees.- (1) Subject to the provisions of sections 79 and 80 and to such control as may be prescribed, the Commissioner may censure, fine, withhold increment in the time-scale of pay of, withhold promotion from, suspend or reduce in rank any officer or other employees in the service of the municipality except an officer appointed under section 29 or section 71, or an officer, or other employee belonging to a municipal service for the State constituted under section 80 for any breach of departmental sale or discipline, or for carelessness, unfitness, neglect of duty or other misconduct after giving an opportunity of showing cause against the penalty proposed:

Provided that a fine shall not be imposed on any officer or other employee unless he is a Bill-Collector or is the holder of such post as may be prescribed.

(2) Subject to such control as may be prescribed, the Chair-person shall have the power to impose penalty of removal or dismissal on such officer or other employee after giving him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that he may, in public interest, suspend any such officer or other employee pending action proposed to be taken in regard to him under this sub-section.".

Section 4. Repeal of Ordinance 8 of 1996

4. Repeal of Ordinance 8 of 1996.- The Andhra Pradesh Municipalities (Second Amendment) Ordinance, 1996 is hereby repealed.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Ant may be called the Andhra pradesh Municipalities (Third Amendment) Act, 1996.

(2) It shall be deemed to have come into force with effect from the 22nd November, 1995.

Section 2. Amendment of Schedule II

2. Amendment of Schedule II.- In the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965), in Schedule II, under the heading "Taxation and Finance Rules", in Part I, Taxation Rules,-

(1) in rule 29,-

(a) to sub-rule (1), the following proviso shall be added, namely:-

"Provided that all notices, bills or directions referred to in sub-rule (1) shall be served on all the tax payers by the end of May for the first half year and by the end of November for the second half year.";

(b) in sub-rule (2), after Clause (b), the following clause shall be added, namely:-

"(c) an intimation about the charging of a simple interest at the rate of 2% per mensum in case of failure to pay property tax within fifteen days from the date of service of the bill.";

(2) in rule 30, to sub-rule (1), the following shall be added at the end, before the proviso, namely:- "and interest due on account of delay in the payment of property tax shall also be recovered in the manner provided in this rule:"

(3) in rule 32, in sub-rule (1), for the words "on account of the tax" occurring at three places, the words "on account of the tax including simple interest, if any," shall be substituted;

(4) to rule 35, the following Explanation shall be added, namely:-

"Explanation:- For the purpose of this rule, rule, 36 and rule 37, the word ‘tax’ includes "the simple interest, if any.".