The Andhra Pradesh Municipalities (Amendment) Act, 1988

1. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
2. (2) It shall be deemed to have come into force on the 23rd May, 1988.

In the Andhra Pradesh Municipalities Act, 1965, in section 3, for sub-sections

1. (2) and (3), the following sub-sections shall be substituted, namely:-- "(2) Any resident of a local area or tax payer for a Municipality, as the case may be, in respect of which any such notification has been published may, if he desires to object to anything therein contained, submit his objection in writing to the Government within six weeks from the publication of the notifica- tion and the Government shall take all such objections into consideration.
2. (3) When six weeks from the publication of the notification have expired and the Government have considered the objections, if any, which have been submitted, they may, as the case may be, by notifica- tion in the Andhra Pradesh Gazette, declare to be a Municipality, or include in or exclude from a Munici- pality, the local area or any portion thereof.".

"(2) Any rcsic'ent cf a Io:a! crea cr tax piiyer fi!' a-Municipalily, as the case may be, in respect cf which any siich r,otificacicln has besn pubiirl~tr! may, -, if he desires 10 objrc! to a yihiiig :herein conhained, submit his objeclion in wri~ing tn :he Cic?v,:r;ln~:nt

wit hi11 six wecks from the publication of he ; oiifica-

tion and the Govilrninent shal! take a!l such r i!:j~:ctir~~~s inlo cunsidc~~al ion. 13) Whe!~ six \t;eeks I'rc~m the pub1 calion uf 'he iii 1 pi an (h: C;ov~'rnn~~'nt II~IYC considered the obj:ctjcns, jf any, which halrt: been s:tbmillcd, [hey may, r>s (he ca:e may be, by naiifica- riun irl the AJI~~IT:~ Pradesll tiazctte, dccIa~-? to be ;I Mu~iicipality, or include in or exclitdc f1.0111 n Evlunici- palily, Llle local area or any porlioi~ rbcrei!i.".

1. Short title and commencement

1. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
2. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of section 62b Amendment of section 62b.- In the Andhra Pradesh Munici- palities Act, 1965, in section 62b, in sub-section (1), in the proviso for the words "in the aggregate exceed two years", the words "in the aggregate exceed three years" shall be substituted. 3. Repeal of Ordinance No. 5 of 1994 Repeal of 3. The Andhra Pradesh Municipalities Ordinance (Amendment) Ordinance, 1994 is hereby NO. 5 of repealed. 1994. 1. Short title and commencement
   • (I) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1996. (2 ) It shall be . deemed - to have come into fort* with effect from the 1.2th Februaryf 1996. 2. Amendment of section 74 Amendment of section 74. 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: Appointment to posts of officers and employees sanctioned under section 73, 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 Chair-person: 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," 3. Amendment of section 77 For section 77 of the principal Act, the following section shall be substituted, namely:- 77.
3. (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 rule 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.
4. (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 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.".

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

The Andhra Pradesh Municipalities (Second Amendment) Ordinance, 1996, is hereby repealed.

1. Short title

1. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
2. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of section 11 In the Andhra Pradesh Municipali- ties Act, 1965, in section 11, for the words "the Government", wherever they occur, the words "the State Election Commission", shall be substituted. 1. Short title and commencement
3. (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1988.
4. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of Schedule II In the Andhra Pradesh Municipalities Act, 1965, in Schedule II, under the heading "Taxation and Finance Rules", in Part I, Taxation Rules,-
5. (1) in rule 29,-
   • (a) to sub-rule
6. (1) the following proviso shall be added, namely:- " Provided that all notices, bills or directions referred to in sub-rule
7. (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.";
8. (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:";
9. (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;
10. (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." 1. Short title and commencement
11. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
12. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of section In the Andhra Pradesh Municipali- ties Act, 1965, (hereinafter referred to as the principal Act) 'in section 62-A, in sub-section (1),-
    • (i) for- the words "which shall not exceed one year", the words "which shall' not exceed ohe and half -years", shall be substituted;
    • (ii) in the proviso, for the words "beyond one year" the words "beyond one and half years" and for the words "in the aggregate exceed four. years", the words "in the aggregate exceed five and half years or till the newly elected councils assume office whichever is earlier", shall be substituted. 3. Validation Validation. 3. Notwithstanding anything contained in the principal Act, any judgement, decree or order of a Court, or any other authority, every action taken or thing done by the Special Officer in exercise of the powers conferred under section 62-A of the principal Act shall not be deemed to be invalid or ever to have become invalid by reason of the fact that such actions were taken or such things were done by such Special Officer when the power in this behalf had not been entrusted to him under the provisions of the said principal Act and accordingly any action taken or thing done by such Special Officer, shall for all purposes, be deemed to be, and deemed to have always been taken or done in accordance with the provisions of the principal Act as amended by this Act. 4. Repeal of Ordinance 1 of 1997 Repeal of 4. The Andhra Pradesh Municipalities Ordinance (Amendment) Ordinance, 1997 is hereby 1 of 1997. repealed. 1. Short title and commencement
13. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
14. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of section 85 In the AndhraPradesh~luniei~alities of Act, 1965, in section 85, after tsub- section 14 , the following shall be . .. Act added, namely:- of 1965. "(5) Notwithstanding anything con- tained in this Act and the Rules made thereunder, where a buildingisconstruc- ted, or re-canstructed , ox some structures are raised unauthorisedly, it shall be competent to the assessing authority to levy croperty tax on such building or , strucmre with a pertzlty of ten per cent - on the amount of tat. levied till such ' unauthorised construction is demlished or requlzrised.
15. (6) A separate receipt for the ~enalty levied an6 collected shall be issued ." . 1. Short title and commencement
16. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
17. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of section 5 In the Andhra Pradesh Municipali- ties Act, 1965 in section 5, in sub- section (2),--
    • (a) in clause (iii), for the proviso, the following proviso shall be substitu- ted, namely:- " Provided that a Member of the Legislative Assembly representing a constituency which comprises more than one Municipality including a part of any Municipality, shall be ex-officio member of one such Municipality, which he chooses within a period of thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election as Member of the Legislative Assembly by notice in writing duly signed by him and delivered to the Commissioner of that Municipality or Nagar Panchayat and he shall also have the right to speak in and other- wise take part in the proceedings of any rneeting of the other Councils comprised within the Constituency, but shall not be entitled to vote at any such meeting. The intimation so given shall be final and irrevocable. In default of such intimation within the aforesaid period, the Election Authority shall decide the Municipality and inform the Member of the Legislative Assembly.".
    • (b) in clause (iii), for the proviso, the following proviso shall be substitu- ted, namely:- " Provided that a Member of the House of the People representing a Constituency which comprises more than one Municipality including a part of any Municipality, shall be ex-officio member of one such Municipality, which he chooses within a period of thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election as Member of the House of the People by notice in writing duly signed by him and delivered to the Commissioner of that Municipality or Nagar Panchayat and he shall also have the right to speak in and otherwise take part in the proceedings of any meeting of the other Councils comprised within the Constituency, but shall not be entitled to vote at any such meeting. The intimation so given shall be final and irrevocable. In default of such intimation within the aforesaid period, the Election Authority shall decide the Municipality and inform the Member of the House of the People". 1. Short title and commencement
18. (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1988.
19. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Acceptance of contributions towards the pipe-line service charges The Government may, by notification direct the council to levy and collect pipe-line service charges from every owner or occupier of a premises, to which underground drainage connec- tion has been given at such rate as may be prescribed to the different categories specified therein to defray the capital cost of sewerage and sewage treatment works undertaken by the council and the operation and maintenance of the sewerage system from time to time: Provided that no such charges shall be levied on the owner or occupier of any premises situated in the areas which are not served by the sewerage system by the Council. 3. Repeal of Ordinance 1 of 1998 and 6 of 1998 The Andhra Pradesh Municipalities (Second Amendment) Ordinance, 1998 is hereby repealed. 1. Short title and commencement
20. (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1988.
21. (2) It shall be deemed to have come into force on the 23rd May, 1988. 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:- 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: subject to any rules sanctioned under section 73, 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 Chair-person: 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,". 3. Repeal of Ordinance 2 of 1999 The Andhra Pradesh Municipalities (Second Amendment) Ordinance, 1996, is hereby repealed. 1. Short title and commencement
22. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
23. (2) It shall be deemed to have come into force on the 23rd May, 1988. 1. Short title and commencement
24. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
25. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of section 7 In the Andhra Pradesh Municipalities Act, 1965, in section 3, for sub-sections
26. (2) and (3), the following sub-sections shall be substituted, namely:-- "(2) Any resident of a local area or tax payer for a Municipality, as the case may be, in respect of which any such notification has been published may, if he desires to object to anything therein contained, submit his objection in writing to the Government within six weeks from the publication of the notification and the Government shall take all such objections into consideration.
27. (3) When six weeks from the publication of the notification have expired and the Government have considered the objections, if any, which have been submitted, they may, as the case may be, by notification in the Andhra Pradesh Gazette, declare to be a Municipality, or include in or exclude from a Municipality, the local area or any portion thereof.". 3. Repeal of Ordinance 1 of 2002 The Andhra Pradesh Municipalities (Second Amendment) Ordinance, 1988 is hereby repealed. 1. Short title and commencement
28. (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1988.
29. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Amendment of section 7 In the Andhra Pradesh Municipa- lities Act, 1965, in section 7, in sub-section (2), in the proviso for the words "within a period of one year," the words "within a period of one and half years", shall be substituted. 3. Repeal of Ordinance 2 of 2002 The Andhra Pradesh Muniripal'ties {Second Amendment) Ordinance, 1988 is hercby repea!ed. 1. Short title and commencement
30. (1) This Act may be called the Short title Andhra Pradesh Municipalities (Amendment) and Act, 1988. Commencement.
31. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Reservation of Offices of Chairpersons Out of the total number of offices of Chairpersons in the State, the Government shall, subject to such rules as may be prescribed, reserve--
    • (i) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipalities of the State bears to the total population of the Municipalities in the State and such offices may be allotted by rotation to different Municipalities in the State;
    • (ii) one-third of the Offices to the Backward Classes and such offices may be allotted by rotation to the different Municipalities in the State;
    • (iii) not less than one-third of the total number of offices reserved under clauses
    • (i) and
    • (ii) above for women belonging to the Scheduled Castes and Scheduled Tribes, or as the case may be, Backward Classes; and
    • (iv) not less than one-third (including the number of offices reserved for women belonging to Scheduled Castes and Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State, for women and such offices may be allotted by rotation to different Municipalities in the State.” 1. Short title and commencement
32. (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1988.
33. (2) It shall be deemed to have come into force on the 23rd May, 1988. 2. Omission of section 123 and Schedule VIII In the Andhra Pradesh Municipalities Act, 1965,
    • (i) section 123 shall be omitted; and
    • (ii) Schedule VIII shall be omitted. 1. Short title
34. (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 2011.
35. (2) It shall be deemed to have come in to force on the 1st April, 2009. 2. Amendment of schedule -X -1 2. In the Andhra Pradesh Municipalities Act, 1965, in Schedule - X, against Sl. No. (1), in Column (2), for the words “YSR Tadigadapa”, the words “Tadigadapa” shall be substituted.