Académique Documents
Professionnel Documents
Culture Documents
Alienation of land means grant of State land for bonafide public purposes to a
person, institution or local body either free of cost or on payment of full or concessional
market value.
Applications have to be made in the form prescribed in Appendix XXIX to B.S.O
24
The provisions contained in B.S.O. 24 and the instructions issued by the
Government from time to time have to be followed.
For alienation of land within the Municipal areas the resolution of the Municipal
Council / Corporation is necessary.
Government have issued instructions on the allotment of lands to the following.
1.
2.
3.
Municipal Councils :
Zilla Praza Parishads :
M.P.Ps and Grampanchayats :
4.
Housing Board :
The lands alienated can be resumed in case of voilation of any of the conditions
of the grant.
POWERS OF ALIENATION :
Competent
Authority
To Local Bodies
Companies, Industries, Private
i.e., Gram Panchayats, Mandal
Associations
Corporations and
Parishads, ZPs, Municipalities,
Individuals
Municipal Corporations
1. Collector
2. C.C.L.A.
Market Value of
or above Ac. 10.00 whichever is less
Rs. 5.00 lakhs and upto Ac. 5.00
(G.O.Ms. No. 635 Rev.Dt. 2-7-1990)
whichever is less.
2. Industrial purpose
Rs. 10 lakhs and up to AC 10.00
(G.O.Ms. No. 252 Dt. 9-4-98)
(Chief Commissioner
Land Administration)
vii) Note on the valuation of the land with registration statistics and statistics from
basic valuation register.
viii)Tree valuation statement if there are standing trees.
ix) Consent statement of the applicant agreeing to pay the value of the trees and
structures on the land.
x) Permission of the Railway or Port Authorities, as the case may be, if the land is
situated within half a mile from railway line or port limits.
xi) Consent letter of the applicant to pay the cost of Acquisition, if the land applied
for was previously acquired at the expense of the Government.
xii) Application for waiver of land Revenue if the alienation is for non-remunerative
purpose (BSO. Appx XXX)
xiii)
In Municipal areas the consent of the Municipal Commissioner.
xiv)
Notes of Inspection
NB : (1) With regard to alienation of tank bed lands or other irrigation sources the
procedure prescribed by the CCLA should be followed. The alienation
proposal should be accompanied by check Memo.
(2) After issue of orders by competent authority, after handing over possession
of the land on collection of land value if any, the changes in the Mandal /
Village records have to be incorporated.
(3) It is also to be checked, cases of alienation done in the past were
incorporated after duly verifying the state of things on ground, and inform
the Collector.
Transfer of State Govt. Lands :
A) Under B.S.O. 22 Para 8, the Collectors are empowered to transfer Govt. lands
from one Dept. to another subject to the following conditions :
1) That there are no requests for the land from another Govt. Dept. besides the
one to which it is proposed to be transferred;
2) That the land is not transferred to a Commercial Govt. Dept.,
3) That only vacant land is involved
4) That in every case, where the land is taken away from the Control of one
Dept. to another, the consent of the Head of the Dept. concerned is obtained
before the transfer is effected; and
5) That the competent authority, viz., the Collector ensure that the purpose for
which the land is transferred is fulfilled in a reasonable time otherwise the
orders of the transfer should be revoked and the land can be resumed by the
Rev. Dept.
B) Under B.S.O. 23 para 1, the Collectors are empowered to transfer State Govt.
lands to Railways and other Central Govt. Depts. for bonafide purpose upto value
of Rs. 25,000/- or upto Ac. 0-50 cts. whichever is less (G.O.Ms.No. 635, Rev.
Asn. Dept., Dt. 2-7-90) on permanent basis on payment of M.V.
ASSIGNMENT
Assignment of Govt. land means grant of land at the disposal of Government
to individuals / Institutions and firms either on payment of value or free of cost.
B.S.O. 15 contains the basic rules and regulations. Govt. lands which are
classified as Assessed and unassessed waste lands which are prima facie
unobjectionable for assignment and porambokes which are prima facie
unobjectionable can be assigned after duly following the prescribed procedure.
The following categories of lands are prohibited from assignment.
1.
2.
3.
4.
Assignment / alienation of tank bed lands should not be done without prior
permission of CCLA / Government.
5.
Lifting of Ban :
1.
2.
The ban on assignment of Govt. lands, within 5 Kms from High Water mark is
lifted (G.O.Ms.No.625). dt.(29-6-90)
3.
Competence :
The authority competent to assign the lands is the Mandal Revenue Officer
upto 2.5 acres of wet land or Ac.5.00 of dry land to land less poor persons. All other
cases should be referred to the appropriate authority for orders, basing on the value
of the land.
pattas are heritable. The Freedom Fighters are not entitled to alienate the
lands within ten years. Requests of the spouse of the freedom fighter, who
expired may be considered later. Children/legal heirs of the freedom fighters
are not eligible for allotment of house sites.
4.
A maximum extent of 300 Sq. Yards may be allotted as house site to the
freedom fighters anywhere in the State. Orders Sanctioning freedom fighters
pension may be taken as the basis for allotment of house sites. Fresh Jail
Certificates need not be insisted upon.
5.
For the purpose of allotment of house sites, the region may be taken as a
unit instead of District i.e. a freedom fighter can apply for house site in his
native region (Telangana, Andra or Rayalaseema).
6.
Transfer of names of freedom fighters from their respective districts to districts
like Visakhapatnam Rangareeddy and other urban areas shall be banned.
Amendment to B.S.O 15-10-2.
Among landless poor applicants preference shall be given to landless persons.
As between Sivaijamadar and non-sivaijamadar a sivaijamadar local resident
agricultural labourer who is dependant on agriculture only and who owns no land at
all except the land under occupation shall be given preference. The land holding of
the existing sivaijamadars shall be given preference. The Land holding of the existing
sivaijamadars who are in possession of Ac.2.50 of wet or Ac.5.00 of dry including
the land owned by the family can be regularised and sivaijamadars who are in
occupation of the land over and above the limits should be evicted and the land
assigned to landless poor persons.
Wet: Agrl lands which are under projects and which receive water from Govt. irrigation
source for a period of not less than 5 months in a fasli year shall be treated as
Wet. All other lands shall be treated as dry.
Amendment to B.S.O 15 para - 1.
The M.R.O is competent to assign lands to landless poor applicants subject
to the limit specified in B.S.O 15-2-11.
Amendment to B.S.O 15-10-1.
Eligible landless poor persons within the Mandal limits can be considered.
The requirement of residence of the applicant in the village where lands assigned
are located need not necessarily be taken as a sole requisite for determining eligibility.
Among the eligible land less preference to landless poor of adjoining villages and
third to the land less poor persons within the Rev. Mandal.
Assignment - Procedure
1.
Application on plain paper can be accepted and entered in Dharakhast register.
2.
The land applied for should be verified whether it is prima facie available &
eligible.
3.
A. 1 notice should be published.
4.
After the publication, A. Memorandum should be prepared by the M.R.I. and
sent in duplicate with A.I notice. and a sketch.
6
5.
6.
4.
Encroachers who own another dwelling unit or site elsewhere are not eligible;
5.
Area of limit for assignment free of cost shall be 50 Sq yards. Relaxable upto
140 Sq Yards in specific cases for specific reasons;
7
6.
7.
ABSTRACT
Provision of Shelter in Urban and Semi Urban Areas - Effective management
of Land Resource - Creation of Land Bank - Orders - Issued.
REVENUE (ASSIGNMENT-I) DEPARTMENT
G.O.Ms. No. 242
ORDER:
Dated : 28-02-2005
The Government have identified that there is an urgent need for prudent
management of the land resource located in urban and semi urban areas. With the
8
growing urbanization, the demand for land for housing need has become accentuated
and many private persons are engaged in land development. They resorted to tactics
for artificial escalation of the prices of the land and thereby owning a plot for housing
is becoming increasingly difficult for the employees, middle class citizens and poor.
It is also found that some unscrupulous elements have grabbed the Government
land or selling the Government lands with false documents, thereby duping the
public.
2.
Providing shelter is amongst the top priorities of the Government. There are
well defined schemes for providing housing for the poor. In so far as meeting the
requirement of the other deserving sections of the society, there is no fixed policy
and mechanism for alienation of land to such sections and allotment was done
case by case, for the land identified. Therefore, Government have decided to have a
comprehensive policy of meeting housing requirement of targeted sections of society
by creation of land bank and accordingly order the following:
The Land Bank shall be a land resource pooled for allotment to various
Housing Co-operative Societies and other target groups. The following categories of
land constitute the source for Land Bank :(a) Government land fit for housing / institution, located in and around 120
municipalities, with clear title. The land has to be within 25 K.Ms.
radius for A Category, 15 K.Ms. for B category and 10 K.Ms. for C
category Municipalities.
(b) Government land available with Departments which is not being put to
effective use such as Horticulture, Sericulture, Agriculture, Animal
Husbandry, Roads, and Buildings, Tourism, Sick Industries etc. This
land has to be resumed and put in land bank.
(c) Surplus ceiling land at the disposal of the Government.
(d) Endowment Lands.
(e) Private lands acquired.
COMPILATION OF DATA :
The Revenue Department shall be responsible for collecting the details of
the large chunks of the lands available in and around Municipal Corporation areas
as well as other Municipalities, as per categories indicated above and making
available the said data to the designated agencies of the land bank in the respective
areas.
After dissemination of information, a Committee consisting of local RDO,
representatives of APHB APIIC and relevant UDA shall short list the land that is
required and suitable for housing and other institutional needs, as per the demand
for the next 20 years.
COMPETENT AUTHORITY :
The Collector and District Magistrate shall be competent authority to transfer
the Government land to the land bank and to resume the un-utilized Government
land to the Land Bank, in consultation with the concerned Departments. He shall
also be competent to acquire private land for public purpose, after arriving at the
demand, and also in consultation with the agencies in charge of Land Bank. The
Endowment lands shall be acquired for providing house sites to employees only by
following the procedure, which is being adopted for providing house sites to weaker
sections. Each category of land shall be treated as a distinct entity till alienated to
the applicant. This is aimed to plough back the cost of land acquisition.
MANAGEMENT OF LAND BANK :
The ownership rights over the land available with the Land Bank rest with
the Government. However the agencies for overall management of the land located
in Hyderabad and Rangareddy Districts shall be HUDA and APHB respectively and
for other districts the APHB, concerned UDA, and APIIC under the administrative
control of the concerned District Collector. These agencies are responsible to protect
and develop the lands available in the Land Bank pertaining to the area of their
jurisdiction and make it available for allotment. They shall maintain the data on land
based on classification and make available the data for the Empowered Committee
at the time of allotment of land.
EMPOWERED COMMITTEE :
The following Empowered Committee shall be vested with the powers to
decide allotment of land appointment and usage based on hierarchy of needs and
submit proposals to the Government.
1. Chief Commissioner of Land Administration
... Chairman
2. Prl. Secretary to Government, Revenue Dept.
... Member
3. Prl. Secretary to Government, Finance Dept.
... Member
4. Prl. Secretary to Government, Municipal Administration
& Urban Development Dept.
... Member
5. Prl. Secretary to Government, Housing Dept.
... Member Convenor
6. Secretary (Services) to Government, G.A. Deptt.
... Member
In case the Municipal Administration & Urban Development and Housing
Departments are headed by officers senior to the Principal Secretary to Government,
Revenue Department, the Principal Secretary, Municipal Administration & Urban
Development Department can depute other Secretary of his Department, who is
junior; and the Principal Secretary, Housing Department can depute the Vice
Chairman & Managing Director, A.P. Housing Board, to be their proxy on the
Committee. The Committee can also co-opt the Commissioner of Municipal
Administration, Director of Town and Country Planning and any other officer as per
the need.
PRICING OF THE LAND :
The Empowered Committee, while, sending its recommendations for
allotment of land from Land Bank in favour of Housing Co-operative Societies /
Institutions, shall recommend the price to be fixed for the land proposed for allotment.
While arriving at the recommended price the Empowered Committee shall take into
account the acquisition cost of the land the activity of the beneficiary Institution and
10
water supply, electricity, drainage etc. The time limit fixed for completion of this
process shall be one year from the date of alienation of the land, failing which the
land shall be resumed by the Government.
CATEGORISATION FOR PRICING :
i.
MLAs MPs, Judges of Supreme Court and High Court, All India Service
Officers
ii.
Accredited Journalists from recognized and registered newspapers.
iii.
State Government Employees and Panchayat Raj Teachers working
in the State of Andhra Pradesh.
iv.
Recognised National and International Sports persons and eminent
persons in the field of Culture and Arts.
v.
Defence Employees, Central Government employees and employees
of PSUs.
vi.
Widows of Kargil and other war heroes and extremist violence who are
hailing from Andhra Pradesh.
vii.
Weaker Sections.
viii. Institutions - Educational / Charitable / Religious etc.
The land shall be allotted to the categories figuring at Sl.No. i to iv at the
basic value of the land, for category v and vii at prevailing market value; for category
vi on free of cost and for category vii as per the policy of the Government vogue. The
acquired land shall be alienated on cost basis, which means that the actual cost
paid to the landowners shall be fixed as cost of land.
CONDITIONS OF ALLOTMENT :
i.
The land shall be allotted in favour of Societies / Groups. It shall be the
responsibility of the Societies / Groups to ensure that its members are
seeking allotment of land for the first time. All the members shall have
to file an affidavit stating that he/she had not received the benefit of
concessional allotment from Government earlier nor he/she was a
member of any society/group to which concessional allotment was
made. He/she shall also give an undertaking that he/she not avail such
facility in future.
ii.
The Societies shall complete the process of allotment of house sites
within a period of six months from the date of alienation of the land.
iii.
A beneficiary, who is allotted a house site shall have to complete the
house within a period of two (2) years from the date of allotment of
house site by the Society / Group.
iv.
In case of flats, the Society shall be responsible for completion of
construction of flats within a period of two (2) years from the date of
alienation of land by the Government. This may be done directly or
through any other agency agreed upon by members.
v.
Any beneficiary, who is allotted a house site / flat, shall not have any
right to sell the same for a period of fifteen (15) years.
13
vi.
Orders - Issued.
REVENUE (ASSIGNMENT-I) DEPARTMENT
Dated : 28-02-2005
Read the following :G.O. Ms. 589, Revenue (Asn. III) Deptt., dated 10.07.91
From the Commissioner of Land Revenue, A.P., Hyderabad.
Letter No. B1/2212/97, dated 10.11.1997
G.O.Ms. No. 46, General Administration (Ser. Wel) Department, dated
3.
24.1.2001.
4.
From the General Administration (Ser. Wel) Department.
U.O. Note No. 44907/Ser. Wel/2000-166, dated 24.01.2003.
5.
G.O.Ms. No. 416, Revenue (Asn.I) Department, dated 18.3.2003
6.
G.O.Ms. No. 242, Revenue (Asn. I) Department, dated 28.02.2005.
7.
G.O.Ms. No. 243, Revenue (Asn. I) Department, dated 28.02.2005.
ORDER:
In the G.O. sixth read above, orders were issued for creation of Land Bank to
meet the housing and other Institutional requirements of the various sections of
society. Orders were issued in te reference seventh cited on the policy guidelines
pertaining to the allotment of land to various and it was ordered that separate orders
shall be issued pertaining to the conditions of allotment of Government land to
Government Employees. Accordingly the following orders are issued.
METHODOLOGY :
Land shall not be allotted in favour of individual employees. The employees
shall have to be formed into a Group or Co-operative Society for availing the facility
of allotment of land for a flat / house site. A Society or a Group shall have a minimum
of 12 eligible members. The applications for flat / house site shall have to be made
to the concerned Collector & District Magistrate. The Collectors in turn shall obtain
necessary approval, for withdrawal and allotment of land from out of Land Bank,
from the Empowered Committee and Government. After approval of the Empowered
Committee and the Government, further action would be taken by the Collector to
make the scheme operational.
ROLE OF COLLECTOR :
The Collector shall be the nodal authority to make the scheme operational
and shall be competent to allot lands for housing purpose to Housing Society/
Group of employees at the rates stipulated, following the above outlined procedure.
The Collector shall monitor the implementation of scheme very closely and send
monthly progress report to the Government.
CONVEYANCE TO INDIVIDUAL BY CO-OPERATIVE SOCIETY :
On alienation of the Government land, the Society or Group concerned in turn
shall allot individual house sites / flats as the case may be to the individual members.
The title of the plot or flat shall be conveyed to the members concerned by the
Society through a registered sale deed.
CONDITIONS OF ALLOTMENT :
15
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XII.
16
6.
Category
Plot Size
(Sq. Yards)
IAS, IPS and IFS Officers, borne on A.P. cadre 500
Non-Cadre Head of Departments, Fourth Level 400
Gazetted Officers and above
Second & Third level Gazetted Officers
300
First Gazetted
250
Superintendents, Assistant Section Officers, Senior175
Assistants, Telephone Operators, LD Stones, TCAs,
Junior Assistants etc. and equivalent posts
Attenders, Record Assistants, Drivers, Shroff etc. 100
and equivalent
If sufficient land is not available for allotment, the land can be divided into the
plots in the ratio of 4:3:2:5:1.75:1.0 for the categories 2 to 5.
AGENCY FOR IMPLEMENTATION OF THE HOUSING PROJECT :
The Co-operative Society or Group are at liberty to decide whether they would
like to build the houses themselves or they would like to avail the help of the
organization like Andhra Pradesh Housing Board.
All the District Collectors, Spl, C.S. & Chief Commissioner of Land
Administration, Secretary to Government. Housing Department, Secretary (Services),
General Administration Department, Principal Secretary, Finance Department and
the designated Empowered Committee for Land Bank are requested to take necessary
action.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
DR. V.P. JAUHARI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
HOMESTEADS
Homestead means the site of any dwelling house, built by a landless
agriculturist (i.e. having less than Ac. 2.5 acres of Wet or Ac.5.00 of dry land).
Agricultural labourer or Artisan at his own expense or at the expense of his
17
predecessor and includes other area adjacent to the dwelling house necessary for
its convenient, enjoyment and belonging to a land owner.
Section 4 of A.P. Occupants of Homesteads (Conferment of Ownership Act
1976 (Act 21 of 1976) prohibits eviction of an occupant of a homestead who is in
occupation of a dwelling house as on 14-8-75 unless the land owner proves the
dwelling house was built at his expense and the occupant is a tenant.
Sec. 4(3) of the Act provides for restoration of possession to an occupant of
a homestead who was in occupation of a dwelling house on or after 5-10-71 but
evicted before 14-8-75 by the authorised officer, M.R.O on an application made by
the occupant within 6 months from 14-8-75 or suomotu at any time.
U/S 5. the occupant of homestead shall become the owner of homestead
and dwelling house subject to the extent of homestead shall not exceed five cents,
and the right conferred is heritable but not alienable.
Act shall not apply to any assigned land which was purchased by another landless
poor person in good faith and for valuable consideration prior to 21-1-1977 and which
is in possession of such purchaser on 21-1-1977. But the A.P. High Court has ruled
out in several writ petitions that the provisions of the Act are retrospective in operation
and that the Act applies to transfers of assigned lands effected before the
commencement of the Act. It was also held whether the purchaser is a landless
poor acted in good faith and purchased for valuable consideration have to be determined
with reference to date of purchase only (AIR 1980 page 198 and A I R 1980 page
257)
If in any case the District Collector or the officer authorised by him (M.R.O) is
satisfied that the provisions of Sec.3(1) of the Act are contravened, he shall issue a
show-cause notice in Form 1 to the person in possession of the assigned lands
allowing 15 clear days for making the representation. If any representation is received
in time, it shall be considered and if it is held that the provisions of Sec 3(1) of the
Act have been contravened, an order shall be passed, directing the V.A.O to take
possession of such land (Rule 3). The land so taken shall be restored to the original
assignee or his legal heirs, only once. If the restored land is again transferred by the
assignee or his legal heirs, it shall be resumed to the Government for assignment to
any other land-less poor person. (Sec.4(1)(b).
Any order passed in revision u/s 4(b) and subject to such order the decision
in appeal any order passed u/s 4(1) shall be final and shall not be questioned in any
court of law and no injunction shall be granted by any officer or authority or
Government in pursuance of any power conferred by or under the Act.
4(a) Appeal : (1) Any person aggrieved by an order passed by the M.R.O
under sec.4(1) may within 90 days from the date of receipt by him of such order,
appeal to R.D.O. (2) Any person aggrieved by an order passed by the R.D.O u/s
4(1) may within 90 days from the date of receipt by him of such order, appeal to the
District Collector.
4(b) Revision : The District Collector may in respect of any proceedings not
being a proceeding covered by Section 4(a)(2) on an application made to him and
the Govt. may in respect of any proceedings either suomotu or on an application
made to them call for and examine the regularity of such proceedings etc. and pass
orders modifying, annulling, reversing or remitting for reconsideration.
The District Collector / M.R.O shall furnish a copy of the order to the
Registration Department whenever any land is assigned to a landless poor person
(Rule 4)
NB : Whenever assignment of land is ordered, a copy of the list has to be
furnished to Sub-Registrar.
The Registering Officer shall not register any document relating to transfer of
or the creating of any interest in assigned land without prior permission of the District
Collector concerned (Sec.5)
19
Provided further that the assigned land shall not be restored more than once
to either the original assignee or his/her legal heir as the case may be.
Provided also that in case, the assigned land can not be so restored to the
original assignee or his/her
legal heir due to any of the reasons mentioned
above, it shall be resumed to the Government.
Provided also that the lands resumed by the Government shall be utilised for
weaker sections housing, public utilities, infrastructure development or for any other
public purpose.
Any land, the possession of which has been taken under clause (a) but the
restoration of the same can not be made under clause, (b) to the original assignee
or his/her legal heir, as the case may be, shall be resumed by the Government.
RAMESHWAR THAKUR
Governor of Andhra Pradesh
T. MADANMOHAN REDDY
Secretary to Government
Legislative Affairs and Justice, Law Department.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007
- Issued.
REVENUE (ASSN-POT) DEPARTMENT
G.O.Ms.No.208
Dated: 22-02-2007.
Read :
G.O.Ms.No.281 Revenue (B1) Department Dt.02-02-1978.
ORDER:
The following Notification will be published in the extraordinary issue of the AP
Gazette dated 22-02-2007.
NOTIFICATION
In exercise of the powers conferred by sub-section(1) of section 9 of the Andhra
Pradesh Assigned lands (Prohibition of Transfers) Act, 1977, as amended by the
Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2007 and in supersession of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977
issued in G.O.Ms.No.281 Revenue, dt.02-02-1978, the Governor of Andhra Pradesh
hereby makes the following rules:RULES
1. Short title: These rules may be called the Andhra Pradesh Assigned Lands
(Prohibition of Transfers) Rules,
2007.
2. Definitions: In these rules, unless the context otherwise requires:(a) "Act" means the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977;
(b) "Authorised Officer" means the officer authorised by the District Collector
not below the rank of Mandal
Revenue Officer/Tahsildar under
21
22
Dr. V.P.JAUHARI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
FORM - I
Notice under rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules,2007
To.
Residing in. village.. Mandal . District
Whereas, you are found to have been assigned lands as specified in the schedule
below;
And Whereas, it has come to notice that you have transferred the said assigned
land in contravention of the provisions of the sub section (2) of section 3 of the
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 ;
And whereas, under Section 4 of the Act, this land is liable to be resumed to
Government for violation contained in the Section 3 of the Act;
You are hereby directed to show cause within (fifteen) 15 days of receipt of this
notice as to why the assignment made to you should not be cancelled and the land
be resumed to Government.
THE SCHEDULE
Village Survey Extent Details & Date
Name of
Nature of
Remarks
No.
(Acs. Cts)
Date of patta the
transfer &
Certificate issued
transferee date
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Place
Signature
Date
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
FORM II
Notice under rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules,2007
To.
Residing in. village..Mandal .District
Whereas, you are found to be the transferee of the assigned lands as specified in
the schedule below in contravention of the Provisions of the sub section (2) of the
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977;
You are hereby directed to show cause within (fifteen) 15 days of receipt of this
notice as to why you should not be summarily evicted from the said assigned
23
lands and as to why crop or rther product raised on land / lands and any building or
other construction erected or anything deposited thereon should not be forfeited.
THE SCHEDULE
Village Survey Extent Details & Date
Name of
Nature of
Remarks
No.
(Acs. Cts)
Date of patta the
transfer &
Certificate issued
transferee date
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Place
Signature
Date
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
Signature
Dr.V.P.JAUHARI
24
Signature
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
NOTIFICATIONS BY GOVERNMENT REVENUE DEPARTMENT
25
(1)
(5)
(2)
(3)
(4)
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
This Act may be called the Andha Pradesh Assigned Lands (Prohibition of
transfers) (Amendment) Act,2008
In the Andhra Pradesh Assigned Lands (Prohibition of transfers) Act,1997, (hereinafter referred to as the principal Act), in section 4, in sub section (1), for
clause (b) and clause (c), the following shall be substituted,namely
(b) restore the assigned land, other than those lands/areas as may be notified
by the Government from time to time in public interest and for public purpose.
(i) to the orginal assignee if he or she is eligible as for the norms fixed in this
behalf, as on the date of restoration for one time ; or
(ii) Assign to other eligible landless poor person: Provided that where the original assignee or his legal heir, after the first restoration transfers the assigned
land, the land shall be resumed for assignment to the other eligible landless
poor:
Provided further that if no eligible landless poor persons are available in the
village/area, the resumed land will be utilized for public purpose.
Explanation :- For the purpose of this clause, Public interest and Public
Purpose shall mean and include, the weaker seation Housing public Utility
infrastructure development, promotion of industres and Tourism or for any other
public purpose:
(c) In the areas which may be notifed by Government from time to time, lands
resumed under clause 4(a) above shall be utllized for publlo purpose.
For section 5of the principal Act, the following shall be substituted, namely:-
5.(1) The District Collector or any other Officer, not below the rank of a Mandal
Revenue Officer authorized by him in this behalf, shall within 45 (forty five)
days from the date of commencement a list of lands assigned to the landless
26
poor persons with all particulars of assignment and futther furnish such particulars of new assignment forthwith.
v
(2) Notwithstanding anything in the Registration Act, 1908, no Registering Officer shall accept for registration of any document relating to the transfer of or
creation of any interest in any assigned lands as furnished in the list under sub
section (1).
Provided that any person who has voluntarily disclosed and surrendered the
assigned land in his possession or discloses and surrenders the assigned
land in his possession within 90 days from the commencement of Andhra
Pradesh Assigned Lands (prohidition of Transfers) (Amendment) Act, 2006
shall be exempted from Prosecution.
Procedure for eviction of the transferee and taking possession and restoration
of Assigned Lands :-
The District Collector or the Authorised officer shall, before taking action under
clases (a) and (b) of sub section (1) of section 4 of the Act, issue notices in
form No. I and form II to the persons who have transferred and also to the
persons who have acquired any assigned land in contravention of the provisions of sub section (2) of section 3 of the Act, The notices shall be served by
delivering a copy on Transferor and transferee or some adult male member of
the family of such transferor or transferee at their usual place of abode or to
their authorized agent or by affixing a copy there of at some conspicuous
place of their last known place of residence or on some conspicuous part of the
assigned land. After the expiry of (fifteen) 15 days specified in the notice, the
District Collector or the Authorised Officer shall consider the representation, if
any received with reference to the said notice and pass such orders as he
thinks fit and proper. If it is held that the provisions of sub sections (1) and (2)
of section 3 of the Act, have been contravened in respect of any assigned land,
a copy of the order shall be communicated to the village officer concerned
under whose territorial jurisdiction the land is situated for taking possession of
the land thereupon the land shall be disposed of in accordance with the provisions of section 4 of the Act.
The District Collector or the Authorised Officer not below the rank of Mandal
Revenue Officer/Tahsildar shall furnish the particulars of lands assigned in his
jurisdiction in form No.III to the Registering Officer concerned, within(forty five)
45 days from the date of commencement of the Andhra Pradesh Assigned
Lands (Prohibition of Transfers) (Amendment) Act,2007 and further continue to
furnish such particulars in the same proforma whenever new assignments are
made from time to time.
Under the provison to section 7 of the Act, any person voluntarily disclosing or
27
surrendering the assigned land in his possession within (90) days of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers)
(Amendment) Act,2007 shall make such voluntary disclosure or surrender to
the Collector or Authorised Officer by way of declaration in from No.IV. on
receipt of such declaration, the Collector or the Authorised Officer shall proceed to take immediate possession of the land and dispose of the land as per
the provisions contained in section 4 of the Act.
v
(ii) after sub section (2), the following shall be inserted namely:-
(2A) Any Officer, violating the provisions under sub sections (1) and (2) of
section 5 shall be punished with simple imprisonment which may extend to six
months or with fine which may extend to ten thousand rupees or with both..
Old Act
Sec,4: Sub section (1) clause (b):
(b) Original assignee or his legal heir, or where it is not reasonably practicable to
restore the land tosuch assignee or legal heir, resume the assigned land to Government for assignment of landless poor persons in accordance with the rules for
the time being in force:
Provided that the assigned land shallnot be so restored to the original assignee or
his legal heir more than once,and in case the original assgnee or his legal heir
transfers the assigned land again after such restoration, it shall be resvmend to the
Government for assignment to any other landless poor person.
New Act
Sec,4: Sub section (1) clause (b):
(b) restore the assigned land, other than
Those lands/areas as may be notified by The Government from time to time in
public interest and for public purpose:(i) To the original assignee if he or she is eligible as per the norms fixed in this
behalf,as on the date of restoration for one time;
(ii) Assign to other eligible landless poor person: Provided that where the original
Assignee or his legal heir, after the first restoration transfers the assigned land, the
land shall be resumed for assignment to the other eligible landless poor:
Provided further that if no eligible landless poor persons are available in the
village /area, the public purpose.
Explanation :-For the purpose of this clause, Public Purpose shall mean
and include, the Weaker Section Housing, public public Utility infrastructure development, promotion of industres and Tourism or for any other public purpose:
NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
28
(Assginment-I)
ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS)
(AMENDMENT) ACT, 2007.
(G.O.Ms.No.125, Revenue (Assignment-I), 5th February, 2007)
In exercise of the powers conferred under sub-section (3) of Section 1 of the
Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007,
Government hereby order that except Section 2 of the said Act, the remaining
provisions shall come into force with effect from the 29th day of January, 2007.
Dr.V.P.JAUHARI,
Special Chief Secretary to Government
ANDHRA PRADESH ACTS,
ORDINANCES AND REGULATIONS Etc.,
Memorandum No.670/SLA&J/RI/85/2007 dated 07-02-2007
ERRATA
In the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment)
Act, 2007 (A.P.Act 8 of 2007) published at pages 1-4 of Part IV-B. Extraordinary of
the Andhra Pradesh Gazette, dated the 29th January, 2007.
At Page (3),
(1) in line 12, for "2006" read "2007"
(2) in line 30, for "2006" read "2007"
T. MADAN MOHAN REDDY,
Secretary to Government, Legislative Affairs & Justice.
ENCROACHMENTS
Encroachment means unauthorised occupation of Government land. The
District Collectors, R.D.Os and M.R.Os are vested with powers to enforce the
provisions of the A.P. Land Encroachment Act, 1905. An Officer incharge of a Revenue
division is defined as Collector under this Act. Encroachments are classified as (i)
Unobjectionable and (ii) Objectionable. The principles for charging assesment and
penalty and further action to be taken in such cases are listed out below.
Unobjectionable cases :
Assessed Waste Taram Assesment
Unassessed Waste
Adjoining wet rate or adjoining dry rate as the case may
be.
Porambokes :
In cases covered by provisional pattas, adjoining wet rate or
adjoining dry rate as the case may be.
In other cases of occupation by eligible sivaijamadars, highest wet rate or
highest dry rate, as the case may be.
Action shall be taken to assign the occupied lands classified as
29
30
by the District Collector or any Officer authorised by him in this behalf. Such
Authorised Officer shall evict the encroachers from the land by force by taking
police assistance, if necessary, and take possession of the land.
The expenditure connected with the eviction by a Rev. Officer should be borne
by the Government. The Officer who orders eviction is competent to sanction the
said expenditure debitable to 253 Dist. Admn. (b) other Establishments (iii) Taluk
Establishments-26 other charges (B.S.O.26(7) & Note there under).
Section 10 (Appeal) :
Officer who passed Appellate
Period of
original order
Authority
Limitation
1. M.R.O
R.D.O
Within 60 days, Delay can be
(Collector under the Act) condoned by the Appellate
2. R.D.O
District Collector
Authority at his discretion
3. Dist. Collector
Chief Commissioner of
Land Administration
There shall be no appeal against a decision/order passed by the R.D.O or
District Collector on appeal, but the District Collector may revise any order/decision
passed by a M.R.O or R.D.O and the Chief Commissioner Land Administration may
revise any order or decision passed by any subordinate officer, under the L.E. Act.
U/s 12-A, Government may either suo-motu or on application call for and
examine the records relating to any decision/order passed or proceedings taken by
any subordinate officer and pass such orders as they may deem fit.
U/s 14, Civil Courts are barred from entertaining any suit or pass any injuction
for any acts done under this Act.
Local bodies are responsible for dealing with encroachments on roads and
streets vested in them. Inspecting Revenue Officer should report to the Collector
cases in which objectionable encroachments have been leased or licensed by local
bodies without reference to Collector.
The final decision whether an encroachment is objectionable or not vests with the
Collector and he may intervene at any time with the proceedings under the L.E.Act,
whether requested to take action by the Local Authority or not.
Regularisation of encroachments under G.O.Ms.No. 166 Rev (Assn. POT)
Depart Dt. 16-2-2008.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Government lands Transfer of Rights on certain occupations/ encroachments of
specified categories of Unassigned Government lands situated in the State by way
of structures or otherwise, on payment basis Framing of certain Policy Guidelines
Orders- Issued.
31
REVENUE (ASSN.POT) DEPARTMENT
G.O. Ms.No.166
Dated; 16-2-2008
Read the following;
1.G.O. Ms.No.508, Revenue (Assignments.I) Department, dt. 20.10.1995
2.G.O. Ms.No.972, Revenue (Assignments.I) Department, dt. 4.12.1998
3.G.O. Ms.No.515, Revenue (Assignments.I) Department, dt. 19.4.2003
4.G.O. Ms.No.138, Revenue (Assignments.I) Department, dt. 9.2.2004
5.G.O. Ms.No.631, Revenue (Assignments.I) Department, dt. 23.8.2004
6.G.O. Ms.No.2, Revenue (Assignments.I) Department, dt.1.1.2005
7.G.O. Ms.No.1601, Revenue (Assignments.I) Department, dt. 29.8.2005
8.G.O. Ms.No.674, Revenue (Assignments.I) Department, dt. 8.6.2006
9.From the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No.
B1/583/2007, dt. 31.3.2007
10.From the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No.
B1/20207, dt. 31.8.2007
11.Fom the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No.
B1/583/2007, dt.9.10.2007
ORDER:
In the G.Os first to sixth read above, Government have issued orders from
time to time, for regularization of encroachment by way of dwelling houses on
Government lands situated in areas notified as Urban in 1991 census and in Industrial
Township, stipulating certain conditions on payment of market value provided the
encroacher submits his application within the prescribed time, with a cut of date of
encroachment on or before 31.3.1990.
2.
Government, in the G.O seventh read above have issued orders, formulating
a comprehensive scheme for regularization of encroachments by way of dwelling
houses in Government lands, in supercession of the earlier orders issued in the
G.Os first to sixth read above, extending the time limit for regularization of residential
and commercial purposes for a period of one year from 1.4.2005 to 31.3.2006,
extending the date of receipt of fresh applications upto 31.12.2005.
3.
The Government in the G.O 8th read above have extending the time limit for
regularization of the pending applications for a further period of one year from 1.4.2006
to 31.3.2007, with a permission to receive the new eligible applications till 30.9.2006.
4.
During the process of regularization of unauthorized occupation of
Government lands, it is notices that the Government lands have had a chequered
history. Policies governing the Transfer of Rights of Govt.lands are often found
tobe disjointed and do not appear to adequately address the variety of problems
encountered in this regard. It appears expedient to set out a policy containing the
comprehensive guidelines in order to have uniformity in dealing with occupations in
respect of these lands. The policy Viz., The Andhra Pradesh Transfer of Rights to
certain specified categories of occupants of Unassigned Government Lands, 2008
32
33
34
etc
f) Sites located in vicinity of heritage buildings
g) Sites falling under the alignment of MRTS
h) Sites falling under MFL of rivers
i) Constructions not in conformity with the provisions of the Master
plan
j) Sites required for public purpose
k) Lands, which in the opinion of the committee are highly valuable
and
cannot
be
considered
for Transfer of Rights
l) Public foot paths
iv.
There shall be a surcharge of 25% on the amount payable for
Transfer
of
Rights
of
occupations
in certain prime areas to be notified by Government.
11.
GENERAL NORMS REGARDING TRANSFER OF RIGHTS
A)
Calculation of amount payable;The Transfer of Rights shall be effected on payment of the amount prescribed
in the Matrix shown below;
Matrix for determination of amount payable for Transfer of Rights for
unauthorized occupation
B= Basic value. Basic value shall be taken as on 31.12.2003
Area
Above Poverty
Below Poverty Line (BPL)
(in Sq.yards) Line (APL)
Alienable
Non-alienable
1 to 80
B
0.25 B
Free of cost
81 TO 200
B
0.50 B
201 TO 500
1.25 B
1.25 B
1001 TO 1500 2 B
2B
1501 TO 2000 3 B
3B
35
iii. The maximum area in respect of which Transfer of Rights can be effected
is 2000 sq.yards. Lands in excess of this area shall be resumed to
Government in accordance with law.
iv. Wherever the maximum area in respect of Transfer of Rights effected
under this provision exceeds the ceiling limit prescribed for the respective
Urban Agglomeration, such excess extent over and above the ceiling
limit shall be exempted as a matter of policy under section 20 (i) (a) the
Urban Land (Ceiling and Regulations) Act, 1976, simultaneously while
issuing orders of Transfer of Rights.
v. Government may exclude certain highly valuable lands from the operation
of this policy by notification.
vi. In cases where there is a dispute between Government and private party/
parties over the
title/ ownership of a piece of land or structure which
is pending in either Land Grabbing Court or High Court or in other Courts
and if the party comes forward with a request for Transfer of Rights, the
same shall be considered subject to condition that the case in the Court
shall be withdrawn and the party/ parties gives an undertaking to pay the
amount as fixed by the Government for Transfer of Rights of such lands.
B.
Transfer of Rights in respect of Below Poverty Line (BPL) families shall be
done
in
the
following
manner:
i) Issuance of assignment patta (with prohibition of alienation) for the land
on free of cost
OR
Allotment order (with right to alienate the land) on payment of an amount
equal to that shown in the Matrix above.
ii) In case of Transfer of Rights by an allotment order, the Collector
concerned shall execute a Deed of conveyance in favour of the allottee.
Registration and Stamp Duty shall be paid by the allottee
iii) Transfer of Rights in case of encroachment shall be done only in the
name of one member of the family (with reference to the name in the
document produced)
iv) A person who seeks Transfer of Rights for an extent in excess of 200
Sq.yards shall be deemed to be from the Above Poverty Line (APL)
category
C.
Transfer of Rights in respect of Above Poverty Line (APL) families shall be
done
in
the
following
manner;i. Allotment orders (with right to alienate the land) on payment of an amount
equal to what is given in the Matrix above.
ii. The Collector concerned shall execute a Deedof conveyance in favour of
the allottee. Registration and Stamp Duty shall be paid by the allottee
36
37
(Note:Enclose any one of the documents mentioned at para 5 of the G.O in support
of above encroachment)
5.
Particulars of Notices, if any received by the
occupant from the competent Authorities :
6.
Details of proceedings pending against the applicant
under the Land Encroachment Act or under Land
Grabbing (Prohibition) Act
:
7.
Details of Civil Dispute pending if any, in any Court of
Law
:
8.
In case of Below Poverty Line (BPL) people, shall
produce a Xerox copy of the White Ration Card
for claiming benefit under this scheme :
DECLARATION
I
____________________
S/o/
H/o
of
Sri/
Smt.___________________________
declare that the information furnished above is correct. I am willing to get transfer
of Rights to my possession on free of cost/ by payment the basic value as per the
Matrix as on 31.12.2003 as fixed by the competent Authority under G.O. Ms.No.166,
Revenue (Assn.POT) Department dt. 16.2.2008.
Place:
Date:
SIGNATURE
(Name in Block letters)
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Government lands- Transfer of Rights on certain occupations/ encroachments of
specified categories of Unassigned Government lands situated in the State by way
of structures or otherwise, on payment basis- constitution of Committees at District
level/ Chief Commissioner of Land Administration level- Accorded Orders- Issued
----------------------------------------------------------------------------------------------------------------------------------------REVENUE (ASN.POT) DEPARTMENT
G.O. Ms.No.370
Dated; 19-3-2008
Read the following;
1.
G.O. Ms.No.166, Revenue (Asn.POT) Dept, dt. 16.2.2008
2.
Govt. Memo.No.71157/Asn.POT/2007, dt. 26.2.2008
3.
From the Chief Commissioner of Land Administration, A.P. Hyderabad Lr.
No.
B1/2020/2007,
dt. 3.3.2008
ORDER;
In the G.O first read above, Government have issued orders, framing certain
Policy Guidelines for Transfer of Rights to certain specified categories of occupants
38
2)
COMMITTEE AT THE LEVEL OF CHIEF COMMISSIONER OF LAND ADMINISTRATION, A.P.
HYDERABAD:
1. Spl. C.S.& Chief Commissioner of Land Administration, Chairperson
Hyderabad
2. Vice-Chairman & Managing Director, HUDA, Hyderabad Member
3. Commissioner of Greater Hyderabad Municipal Corporation of
Member
his Representative
4. Special Officer & Competent Authority, Urban Land Ceilings
Member
of the area concerned
5. Head of the Department of the concerned Department whose
Member
land is involved in regularisation.
6. Joint Collector of the concerned District.
Member
7. Commissioner, Panchayat Raj
Member
8. Commissioner, Municipal Administration
Member
9. Commissioner & Inspector General, Stamps and Registration
39
Member
10. Secretary to Chief Commissioner of Land Administration
Member-Convenor
4.
As per par 6(9) of the G.O. first read above, the District Collector concerned
shall receive all applications for Transfer of Rights, in respect of Unassigned
Government Lands and conduct a detailed inspection through the Mandal / Divisional
Authorities and finalise the eligible applications. The District Collector shall segregate
the eligible applications into three categories (i) upto 250 Sq.Yards (ii) between 250
and 500 Sq. Yards (iii) above 500 Sq. Yards. The district Collector shall place the
eligible applications upto 250 Sq. Yards before the District level Committee No.1,
constituted at kpara (3) above, for its scrutiny and as per the decision of the Committee
the District Collector concerned shall issue final orders of Transfer of Rights, in the
cases of land encroachments upto the extent of 250 Sq.Yards, duly following the
procedure, as per Policy Orders issued in G.O.Ms.No.166, Revenue (Asn.POT)
Department, dt. 16.02.2008.
5.
The Distarict Collector shall forward the eligible applications for Transfer of
Rights of the land encroachments to the extent of 251 Sq.Yards and above to the
Chief Commissioner of Land Administration, A.P, Hyderabad for taking further action.
6.
The Chief Commissioner of Land Administration, A.P, Hyderabad shall place
such applications before the Committee No.2, constituted at para (3) above, for
scrutiny and recommendation. After obtaining the recommendations of the
Committee, the Chief Commissioner of Land Administration shall issue final orders
of Transfer of Rights, in the cases of land encroachments above the extent of 251
Sq.Yards and upto the extent of 500 Sq.Yards, duly following the procedure, as per
Policy Orders issued in G.O.Ms.No.166, Revenue (Asn. POT) Department, dt.
16.02.2008.
7.
The Chief Commissioner of Land Administration, A.P, Hyderabad shall forward
the applications for Transfer of Rights of the land encroachments above the extent
of 501Sq.Yards along with recommendations of the Committee No.2, to the
Government, for issue of final orders.
8.
All the District Collectors and the Chief Commissioner of Land Administaration,
A.P, Hyderabad are requested to take further action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
M. SAMUEL
PRINCIPAL SECRETARY TO GOVERNMENT
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Unassigned Government lands Transfer of Rights on certain occupations /
encroachments of specified categories of Unassigned Govt. lands situated in the
State by way of structures or otherwise, on payment basis Policy Guidelines
framed Notification of Prime value areas in Ranga Reddy District under the
provisions of Para 6 (10) (iv) of G.O. Ms. No. 166 Revenue (Asn.POT) Department
Dt. 16-2-08 Orders - Issued.
40
1.
Rajendranagar
2.
Balanagar
3.
Uppal
4.
Qutubullapur
1.Narsingi
2. Kokapet
3. Bandlaguda
4. Hydershakote
5. Peeramcheruvu
6. Neknampur
7. Budvel
8. Upperpally
9. Attapur
1. Bagh Ameeri
2. Hasmathpet
3. Moosapet
4. Allapur
5. Begumpet
1. Kothapet
2. Nagole
3. Uppal Khalsa
4. Uppal Bagath
5. Habsiguda
6. Nacharam
1. Nizampet
2. Bachupally
41
5.
Malkajgiri
6.
Serilingampally
3. Bowrampet
4. Dundigal
5. D.P. Pally
6. Doolapally
7. Bahadurpally
(GHMC LIMITS)
1. Jeedimetla
2. Suraram
3. Gajularamaram
4. Qutubullapur
1. Malkajgiri
2. Alwal
3. Kowkur
1. Gopannapally
2. Izzatnagar
3. Khajaguda
4. Chandanagar
5. Maktha Mahaboobpet
The Spl. C.S & Chief Commissioner of Land Administration, A.P., Hyderabad
/ Collector, Ranga Reddy District shall take necessary further action in the matter.
(BY ORDER AND IN THE NAME OF THE GOVERNOR AF ANDHRA PRADESH)
M. SAMUEL
PRINCIPAL SECRETARY TO GOVERNMENT
Govt. Memo.No. 1660/Assn.POT/2009-1 Revenue (Assn. POT) Department,
Dated : 17-2-2009
The Government issued clarrification that the orders issued in G.O. Ms. No. 166
Revenue (Asn. POT) Department. Dt. 16-2-08 are applicable to all the
unauthorized encroachments in the entire state, and not confined to any
particular area of the State.
42
An appeal against the decision u/s 3 (1) on the above three aspects shall lie
to the R.D.O within sixty days. After becoming final, such decision in Form-II shall
be published in the District Gazette. The enquiry for granting ryotwari pattas is then
taken up u/s 7 after giving a notice in Form-V to all persons or institutions interested.
In granting ryotwari pattas, the provisions of Sec. 4 shall be followed (ie) in the case
of an inam land in a ryotwari or zamindari village, the person or institution holding
such land as inamdar shall be entitled to a ryotwari patta. In the case of an inam
land in an inam village, if the land is held by an institution, it shall be entitled to a
ryotwari patta. If such land is held by an Inamdar on the date of commencement of
the Act, he shall be entitled to a ryotwari patta for 1/3rd share of land and the Tenant
declared to be in occupation of the land on 7-1-48 shall be entitled to a ryotwari
patta for the 2/3rd share of the land. If there is no such declared Tenant the
inamdar shall be entitled to a ryotwari patta for the entire land. If such land is held by
an inamdar shall be entitled to a ryotwari patta for the remaining 1/3rd share thereof,
and if there is no such declared Tenant, the tenant in the occupation of the land on
the date of commencement of this Act, shall be entitled to ryotwari patta for 2/3rds
of that land and the inamdar shall be entitled to a ryotwari patta for the remaining 1/
3rd share thereof.
Against the orders of the M.R.O./or Special Dy.Tahsildar (Inams) an appeal
shall lie to the R.D.O within sixty days of such order.
The Tenant in occupation of inam lands held by an institution in an inam
viallge shall have rights of permanent occupancy and such right is only heritable,
subject to the condition that he shall not be a defaulter for more than sixty days
when the rent becomes payable and he shall not use the land otherwise to make it
unfit for agricultural purpose impairing its value materially (Sec.8). Who ever infringes
the above conditions is liable for eviction according to the procedure prescribed in
Sec.9.
Through an Amendment Act which came into effect on 26-6-75, all communal
lands and porambokes in inam land stand transferred to and vest in Government
free of all encumbrances (Sec.2-A)
The Commissioner of Appeals, office of the Chief Commissioner of Land
administration has powers of revision of any proceedings of the M.R.O. or the R.D.O
either suomotu or on application without any limit of time (Sec.7 and 14-A).
In the case of inam land held by an institution in an inam village, the Tenant
who is declared to be in occupation of an inam land as on 7-1-1948 under Sec.5 or
if there is no such Tenant the Tenant in occupation of the land on the date of
commencement of this Act, shall have a right of permanent occupancy in the land
and the said right shall be heritable and also shall be transferable by sale, gift or
otherwise.
As per G.O.Ms.No.77, Revenue, Dt.22-1-68, the power to discharge the
functions under the Act was delegated to the D.R.Os.
Application of the I.A.Act to Inam lands in ryotwari or zamindari villages:
43
all ryoti lands which, immediately before the notified date were properly included
or ought to have been properly included in his holding and which are not
either lanka lands or lands in respect of which a landholder or some other
person is entitled to a ryotwari patta under any other provision of this Act; and
(b)
all lanka lands in his occupation immediately before the notified date, such
lands having been in his occupation or that of his predecessors in title
continuously from the 1st day of July, 1939:
Provided that no person who has been admitted into possession of land by a
landholder on or after the first day of July, 1945 shall, expect where the Government,
after an examination of all the circumstances otherwise direct, be entitled to a
Ryotwari patta in respect of such land.
Explanation: No lessee of any lanka land and no person to whom a right to collect
the rent of any land has been leased before the notified date, including an inamdar
or a former of rent, shall be entitled to ryotwari patta in respect of such land under
this section.
Sec.12 Lands in zamindari estate in which landholder is entitled to Ryotwari
patta:
In the case of the zamindari estate, the landholder shall with effect on and
from the notified date, be entitled to a ryotwari patta in respect of :
44
(a) all lands (including lanka lands) which, immediately before the notified
date, (i) belonged to him as private land within the meaning of Section 3, clause (10)
(a), of the Estates Land Act, or (ii) stood recorded as his private land a record
prepared under the provisions of Chapter Xl or Chapter Xll of the said Act, not having
been subsequently converted into ryoti land;
(b) (i) all lands which were properly included, or which ought to have properly
included, in the holding of a ryot and which have been acquired by the landholder, by
inheritance or succession under a will, provided that the landholder has cultivated
such lands himself, by his own servants or by hired labour, with his own or hired
stock, in the ordinary course of husbandry from the date of such acquisition or the
1st day of July 1939, whichever is later and has been in direct and continuous
possession of such lands from such later date.
(ii) all lands which were properly included. or which ought to have been properly
included, in the holding of a ryot and which have been acquired by the landholder by
purchase, exchange or gift, but not including purchase at a sale for arrears of rent,
provided that the landholder has cultivated such lands himself, by his own servants
or by hired labour, with his own or hired stock, in the ordinary course of husbandry
from the 1st day of July 1945 and has been in direct and continuous possession of
such lands from that date;
(iii) all lands [not being (i) lanka lands, (ii) lands of the description specified in
Section 3, clause (16), sub-clauses (a), (b) and (c) of the Estates Land Act, or (iii)
forest lands which have been abandoned or relinquished by a ryot, or which have
never been in the occupation of a ryot, provided that the land holder has cultivated
such lands himself, by his own servants or by hired labour, with his own or hired
stock in the ordinary course of husbandry from the 1st day of July 1939, and has
been in direct and continuous possession of such lands from that date.
Explanation :
"Cultivate" in this clause includes the planting and rearing of topes, gardens
and orchards, but does not include the rearing of topes of spontaneous growth.
Sec.13 Lands in inam estate in which landholder is entitled to Ryotwari
Patta:
In the case of an inam estate, the landholder shall, with effect on and from the
notified date, be entitled to ryotwari patta in respect of:
(a) all lands (including lanka lands) which immediately before the notified
date, (i) belonged to him as private land within the meaning of Section 3, clause (10)
(b) of the Estates Land Act, or (ii) stood recorded as private land in a record prepared
under the provisions of Chapter Xl or Chapter Xll of the said Act, not having been
subsequently converted into ryoti land; and
(b) (i) all lands which were properly included, or which ought to have been
properly included, in the holding of a ryot and which have been acquired by the
45
was given before the commencement of the Madras Estates (Abolition and Conversion
into ryotwari) (Andhra Pradesh Amendment) Act, 1957, within one year from such
commencement, and any person aggrieved by such decision or such further time
as the Tribunal may in its discretion allow, appeal to the Tribunal; and its decision
shall be final and not be liable to be questioned in any Court of Law.
(b) If, before the commencement of the Madras Estates (Abolition and
Conversion into Ryotwari) (Andhra Pradesh Amendment) Act, 1957, any order has
been passed by the Tribunal dismissing an appeal filed by the Government against
a decision of the Settlement Officer on the ground that the Government were not
competent to file an appeal under this sub-section or that such appeal was
time-barred, the Tribunal shall, on an application filed by the Government within one
year from the commencement of the Amendment Act aforesaid, vacate such order,
and pass a fresh order on merits.
Sec. 56 Decision of certain disputes arising after an estate is notified:
(1) Where after an estate is notified, a dispute arises as to (a) whether after an
estate is notified, a dispute arises as to (a) whether any rent due from a ryot for any
fasli year is in arrear or (b) what amount of rent is in arrear or (c) who the lawful ryot
in respect of any holding is, the dispute shall be decided by the Settlement Officer.
(2) Any person deeming himself aggrieved by any decision of the Settlement
Officer under sub-section (1) may, within two months from the date of the decision
or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal;
and its decision shall be final and not be liable to be questioned in any Court of Law.
The cases falling U/s.17 Ryotwari Patta in service tenure lands, Sec.18
Buildings in Estates, Sec.19 Sales and leases of certain lands and Sec.20 saving
of rights of certain lessees and others, cases not governed by Section 18 and 19 of
E.A. Act shall be referred to Government whose decision shall be final and not liable
to be questioned in any Court of Law.
Appellate Authority
Under Sec.11(a):
Land in which ryot is entitled to ryotwari patta under the
above provisions and it can be issued by the Settlement Officer.
Now the powers of Settlement Officer are delegated to Joint
Collectors in the State.
Under Sec.5(2) :
Against the orders of the Settlement Officer passed U/
s.11(a) a revision can be filed before the Director of Survey and
Settlements under the above provision.
Under Sec.7(d):
Against the orders of the Director of Survey and
Settlements, a further revision can be filed before the Commissioner,
(Appeals), O/o the Chief Commissioner of Land Administration under
the above provision.
47
1)
RECORD OF RIGHTS
History :
For Telangana Area, there was Regulation called The AP (Telangana Area) Record
of Rights in Land Regulation, 1358 Falsi. For preparation and maintenance of a
record of Rights in the Telangana Area of the State. There was no such corresponding
enactment, providing for such statutory record of rights applicable to Andhra Area of
the State. Therefore, on the recom mendations of the Revenue Consultative
Committee, a fresh legislation called The AP Rights in Land and PPBS Act, 1971
was enacted, applicable through out the State.
The Act was amended by Act 11 of 1980, introducing certain provisions for the
benefit of the credit agencies including Banks, but there was no improvement in the
maintenance and updating of the ROR or Pass Books.
The Act was further amended by Act 1 of 1989, to further strengthen the machinery
under the Act for proper and better maintenance of the ROR and Pass Books and to
give more authenticity to the Pass Books. This amended Act also received the
assent of the President of India and came into force on 09.06.1989.
48
It was further amended, by Act, 9 of 1994. The salient features of this amendment
are :
i)
ii)
To protect the Credit Agencies by specifying that any charge not entered in
the Pass Book, will not have priority.
To provide that the Title Deed issued u/s 6-A shall be the Title Deed in
respect of the Owner-Pattadar and it shall be the Record of Right and
interest in the land of the person to whom the PPB is issued.
To confer the Revision powers on the District Collector against the orders
by any authority under the Act.
To make pattadar responsible for getting necessary entries made in respect
of transactions by the Registering Officer.
The AP Rights in Land and PPBs Rules, 1989 were framed, in super session
of the Rules framed in 1978.
iii)
iv)
v)
vi)
2)
Preparation of ROR :
i) Record Of Rights in Form 1 :
49
3)
This is the present ongoing process in respect of Record of Rights. This is the
most important and currently a regular business of the Revenue Dept. Unless this is
done properly, in letter and spirit and without deviation of the provisions of law, the
ROR can not be properly updated.
This consists of the following stages :
Form IV-A : This is the Format in which an individual shall intimate the
acquisition of his rights, to the MRO, within 90 days from the date of such
acquisition and the MRO shall send a written acknowledgement of the receipt
to the person making the intimation, in Form VI-C (Sec. 4(1) r/w Rule 18(2)
Form VI-B : This is the Format in which the Registration Officer shall send
the intimation, in triplicate, to the MRO concerned, within a week of registration
and the MRO shall acknowledge the same on a copy of the intimation itself by
his signature and seal, (Sec. 4(2) r/w Rule 18(2))
2 copies to MRO, and the MRO shall get these intimations entered in Form XVI
Register (Rule 27 (2)). This replaces the old 6-I register maintained in Andhra Area.
iv) Process of the intimations received :
Procedure to be followed before passing the orders on the intimations :
a)
b)
c)
A copy of the amendment and the Notice in Form VIII shall be published
(Sec. 5(3) r/w Rule 19(2)
-by affixture in the chavadi or if there is no chavadi, in any other conspicuous
place in the village;
-by affixture on the notice boards of Grama Panchayat Office, Primary Cooperative Agricultural Credit Society or School, if any, in the village.
-by beat of tom-tom in the village;
-by affixture on the notice board of the office of the MRO and of Mandal Parishad
concerned.
As explained in Section 5.
d) Enquiry : While conducting the enquiry we should be guided by the principals
in rule 9.
Powers of the MRO in conducting the enquiries :
The MRO shall take into account the representations or objections written or oral
made in this behalf by the persons concerned and he may, if he considers necessary
(Rule 20(1))
a) Summon the attendance of any person for the purpose of examining him;
b) Require the production of any document; or
c) Enter upon, inspect and measure or cause to be measured any land.
The MRO will, for the purpose of holding these enquires, have the same powers
as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Sec. 10)
*
Time limit to dispose of the intimations :
Within 6 months from the date of receipt of an intimation.
*
Discharge letters from the credit Agencies :
These letters shall be treated as intimation of acquisition/loss of rights u/s 4, if
51
they contain all the details prescribed in From VI A and these shall be acknowledged
by the MROs.
4)
Section 5-A of the Act read with Rule 22 provides for regularisation of the unregistered
transactions. After issue of notification in Form IX by M.R.O. as per Rule 22, the
alienee or transferee shall file an application in Form-X to the M.R.O. The MRO.,
shall on enquiry require such alienee or transferee to deposit an amount equal to
the registration fee and stamp duty that would have been payable had the alienation
or transfer been effected by a registered document at the time, the transaction had
actually taken place. On deposit of the amount the M.R.0 shall issue a certificate in
Form XIII B and the Recording Authority shall on production of the certificate shall
make an entry in the ROR and issue Pattadar Pass Book in the category of
Owner-Pattadar.
No fresh application shall be entertained under this proviso as the last date for the
same was expired long back.
An appeal shall lie to the R.D.0 within 30 days from the date of passing of the order
by M.R.0 (Sec.5B Rule 22(A) 1). The R.D.0 after due enquiry shall pass orders as
he deems fit subject to revision u/s 9.
5)
Not withstanding any thing contained in the Regn. Act, the pass book holder shall
get the entries of sales, purchases, mortage, gift, lease etc., of lands recorded in
the pas book and Title Deed by the Registering officer (Sec.6(B) (1) & (2).
6) RECORDING OF GRANT OF LOANS AND ENCUMBRANCE CERTIFICATES:
As per Sec.6(c) (1) of the Act every loan granted by any credit agency on the
security of the land, every encumbrance of the land and every repayment of loan
shall be recorded in the pass book and the title deed.
After 3 months from the date of publication of notification under Sec.3 (2) no
loan shall be granted by the credit agency to a owner pattadar without production of
pass book and title deed. Every loan shall be liable to be recovered as arrears of
land revenue.
7) REGISTERING AUTHORITY TO MAKE ENTRIES IN PASS BOOKS AND
TITLE DEEDS :
The Registering Authority has to make entry of every transaction in the pass books
and title deeds as per Sec. 6D at the time of registering any document relating to
the lands owned by the pass book holders and he shall not register any document
without production of the Pass Book or title deeds by the vendor and Vendee.
8) REVISION :
52
As per Sec.9 read with Rule 23, the Collector either suomotu or on an
application can call for and examine any ROR and pass orders amending or reversing
the ROR after giving due opportunity to the concerned.
9) INSPECTION OF RECORDS OF ROR :
As per Sec 7 read with Rule 24 and 25, the ROR records shall be open to the
public for inspection and Certified copies, shall be given on payment of prescribed
fees.
10) BAR OF SUITS :
No suit shall lie against the Recording Authority or other officer concerned
[Sec.8(1 )].
11) POWERS OF RECORDING AND APPELLATE AUTHORITY :
The Recording Authority or other Officers for the purpose of holding enquiry under
the Act, shall have the powers of Civil Court under CPC (Sec.10).
12) ACT NOT TO APPLY TO GOVERNMENT LANDS :
Nothing in the Act shall apply to Government Lands (Sec.12).
13) AFFIXING PHOTOGRAPHS :
There shall be a photograph of Pattadar owner on title Deed.
Photographs of Patadar Pass Book holder shall be on the Pattadar Pass
Book. It shall be attested on the Pattadar Pass Book and sealed by M.R.O.
4 Photos have to be furnished. 2 Photos for Pass Book, Title Deed and one
copy to be affixed on Form I B and the remaining shall be filed in the files.
The R.D.O. shall attest the 1st page of Title Deed with Seal, Date besides
embossing the photo on right side column and laminated. Xerox copy of FMB Sketch
may be attached to Title Deed/Pass Book for easy identification of the land.
14) DISTRIBUTION OF PASS BOOKS OR TITLE DEEDS :
They shall be distributed to persons who are in actual possession of the land,
@ Rs. 15 per set. Acknowledgement shall be obtained in a Register in Form XVII.
15) LOSS OF PASS BOOK OR TITLE DEED AND ISSUE OF DUPLICATE
COPIES :
As per Rule 31(1) and 31(2) in case of loss of pass book/title deed it should
be noted in the duplicate copy that it is a duplicate copy, on the 1 st page and it
shall also be noted in Form l.B. The connected person has to notify the loss to the
Police and M.R.0 and credit agencies not to deal with the lost title deed by any
unauthorised person.
After satisfying that the conditions are complied with, the RDO may issue a
duplicate title deed duly endorsing on the 1st page and noting in Form l-B. Fees for
duplicate copies is fixed at Rs.1000/- to check frivolous applications. In case of
mutilated title deed the fee is Rs.100/- it shall be surrendered. The RDO., before
issuing the duplicate copy of the title deed shall obtain the permission of the Collector
for issue of duplicate copy. Amount has to be remitted to MH-0029 LR. MrH:106
53
ered by the Revenue Divisional officer to exercise the powers and perform the
functions of a Mandal Revenue Inspector under this Act.
K. Prescribed means prescribed by Rules made by the Government under this
Act.
L. Notification means a notification published in the Andhra Pradesh Gazette:
and the word Notified shall be construed accordingly.
M. Occupier includes--i. Any person for the time being paying or liable to pay to the owner rent, or any
portion of the rent, for the land or, for the structure constructed.
ii. A rent - free occupant;
N. Owner includes any person for the time being receiving or entitled to receive,
whether on his own account, or as agent, trustee, guardian, manager or receiver
for another person, or for any religious, educational or charitable purpose, rent
or profits for the agricultural land or for the structure constructed on such land
and includes in respect of the lands that have been leased out by the State
Government or t he Central Government.
i. a lessee, if the land has been leased out by Government for any non agricultural
purpose; and
ii. a local authority, if the land is vested in the local authority and used for any non
agricultural purpose deriving income there from.
Section 3 (1) - Land use conversion(1) No agricultural land in the State Shall be put to non agricultural purpose, without
the prior permission of the competent authority.
(2) An application for such conversion of the agricultural land for non agricultural
purposes shall be made before the competent authority in t he form prescribed
along with conversion fee as specified under Section.
(3) If the conversion fee so paid as per sub-Section (2) is found to be less than the
fee prescribed under Section 4, a notice shall be issued by the competent
authority to the applicant within 30 days of the receipt of application intimating
him the deficit amount.
(4) The applicant shall pay the deficit amount indicated in the notice issued under
Section (3) within 15 days of the receipt of such notice.
(5) In case no intimation is received by the applicant within 30 days about the
deficit payment of conversion fees, it shall be deemed that the amount paid is
sufficient for the purpose.
(6) The conversion permission requested for shall either be issued, rejected in full
or part by the competent authority within 60 days after such request is received
in the office of the competent authority or within 30 days after the receipt of the
deficit amount as the case may be, provided that such requests are rejected,
the reasons for such rejection shall be recorded in writing and communicated to
55
the applicant.
Provided that, if no order is passed on such request, within the time prescribed
in Sub-Section (6) the required permission shall be deemed to have been given.
Section 4- Power to levy and collect conversion fee (1) With effect on and from the date of commencement of this Act, every owner
or occupier agriculture land shall have to pay a conversion fee for non-agricultural
purposes, at the rate of 10% of the basic value of land in areas as may be
notified by the Government from time to time.
(2) For the purpose of this section, the basic value of the land shall be fixed in such
manner as may be prescribed.
Section 5:- Authority competent to convert agricultural land for non-agriculture purpose:The Revenue Divisional Officer or any officer to be notified by the Government in
this behalf shall be competent to order, in respect of the lands situated within
his territorial jurisdiction, conversion of land use from agricultural purposes to
non agricultural purpose.
Section 6 -Penalty.
(1) If any agricultural land has been put to non-agricultural purpose without obtaining
the permission as required under section 3, the land shall be deemed to have
been converted into non-agricultural purpose.
(2) Upon such deemed conversion, the competent authority shall impose a fine of
50% over and above the conversion fee for the said land specified under section
4 in such manner as may be prescribed.
(3) The owner or occupier of he land shall pay the fine so imposed under SubSection (2) for payment, shall be recoverable as per the provisions of the Andhra
Pradesh Revenue Recovery Act, 1864.
Section 7 :-Act not to apply to certain lands:Nothing in this Act shall apply to ---a) Lands owned by the State Government;
b) Lands owned by a local authority and used for any communal purposes so long
as the land is not used for commercial purposes;
c) Lands used for religious or charitable purposes;
d) Lands used by owner for household industries involving traditional occupation,
not exceeding one acre;
e) Lands used for such other purposes as may be notified by the Government from
time to time.
Section 8:- AppealAny person aggrieved by an order of the Revenue Divisional Officer may file an
appeal before the Collector within 60 days of receipt of such order by the applicant.
Section 9:- Act to override other Laws--The provisions of this Act shall have effect not withstanding anything in consistent therewith contained in any other law for the time being in force, or any custom or
usage having the force of law or contract or judgment decree or order of a court or
56
57
b) All the outstanding arrears from individuals / institutions under the Andhra
Pradesh Non-Agricul
turalL a n d s
Assessment Act, 1963 as on the date of commencement of this Act shall be recovered
under
the provisions of the Andhra Pradesh
Revenue Recovery Act, 1864.
T. MADAN MOHAN REDDY,
Secretary to Government, Legislative Affairs & Justice, Law Department.
B.
C.
Arrears of Revenue shall bear interest ~ 6% (Sec.7) after the close of the
Fasli in which it fell due. Three Registers of process issued should be maintained in
the Mandal Revenue Office in the prescribed proforma [BSO.46 (5) and Appendix-(iv)].
A.
In the seizure and sale of movable property, the following rules shall be followed
(Sec.8):
i.
ii.
If the defaulter fails to pay the amount noted in Form No.1 immediately on its
production, the Village Secretary shall proceed with the seizure of the movable
properties of the defaulter proportionate to the arrears.
iii.
iv.
vi.
He may also use force and open the outer doors of a dwelling house and also
the room set apart for women in the presence of a Police Officer after making
reasonable arrangements for the women to-come out of their rooms.
vii.
viii.
Soon after the inventory in Form No.2 is received, the Mandal Revenue Officer
shall issue notice of sale in Form No.3 specifying the place, date and time fixed for
the sale and shall arrange for its service and publication on the defaulter and at the
places specified in the said notice respectively and also arrange proclamation by
beat of drum in the Village concerned etc. There shall be 15 clear days interval
between the date of distraint and the date fixed for sale [Sec.22].
If the defaulter pays arrears with costs after the attachment and before the
Sunset on the day previous to the day of sale, the distrainer shall receive the amount
and release the attached property [Sec.10]. Otherwise: the sale shall be knocked
down in favour of the higest bidder. If the sale of attached property fetches more than
the arrears and the costs incurred, the surplus shall be paid to the defaulter [Sec.23].
If the purchaser fails to pay purchase money as stipulated in the sale notice, the
property shall be resold at the risk and expense of the defaulting purchaser. If the
second sale Fetches higher amount than the first sale, the defaulting purchaser
shall be entitled for the excess amount [Sec.24].
B.
in mind.
i.
If the land belongs to a soldier in service, the proposed sale for non payment
of assessment should be informed to him by the Mandal Revenue Officer
through the Commanding Officer that if the arrears are not paid within two
months the land will be brought to sale. Specific sanction of the District
Collector shall be obtained before putting such land for the sale [B.S.0.41
(8)].
ii.
When land in or adjoining reserved forests is proposed to be sold, notice
should be given to the District Forest Officer concerned [B.S.0 42 (A)]
The following procedure shall be followed in the sale of immovable properties
[Sec.36].
i]
Notice of sale of land [Form 7] in English and Telugu specifying the place,
date and time and conditions of sale shall be issued by the Mandal Revenue
Officer which should be affixed atleast one month before the date of sale in
Collectors Office, Mandal Revenue Officers Office, nearest police station,
and some conspicuous place of the attached land.
ii]
Notice of sale of land [Form 7A] shall also be issued by the Mandal Revenue
Officer and should be published in the language of the District in the District
Gazette atleast a fortnight before the date of the intended sale.
iii]
If the defaulter dies at any time before the date of sale of his holding, immediate
steps should be taken for the transfer of registry of the holding to the legal
heirs of the deceased and then the sale proceedings shall be started denovo
[B.S.0.41 [11].
iv]
Section 47 of the Act provides for the postponement of the sale subject to
certain conditions on tendering security by the defaulter and if the conditions
are violated the sale will be done.
v]
When there is good reason to suspect prevention of realisation of the full
value of the land, an Officer authorised by the Collector shall bid on behalf of
the Government subject to the limitation provided in B.S.0.45[1].
vi]
If the Highest bidder fails to pay the full purchase money within the stipulated
time, resale will be conducted at the risk and expense of the 1st purchaser.
If he resale fetches higher amount than the first sale, the first purchaser shall
be entitled to the surplus amount. The Revenue Divisional Officer may set
aside the sale, if any person interested in the sold land fulfils the following
conditions and applies within 30 days from the date of sale to set aside the
sale [Sec.27A].
i]
5% of purchase money shall be deposited in the Sub-treasury.
ii]
A sum equal to arrears of revenue interest and cost of the sale shall be
deposited, and
iii]
Applications filed, if any under section 38 of the Act, should first be withdrawn
60
LEASES
1)
Land and Building at the disposal of the Government can be granted for
temporary occupation for specified periods for non agricultural purposes to individuals,
registered company / Association / Society or a local body for the purposes such
as i] Recreation purposes ii] Banks (for trading purpose) iii] Timber and fire wood
depots iv] Performances by a touring cinema, circus or drama company etc., (BSO
24-A). Land within the compound of a Government office can be granted for recreational
purposes. If other Departmental Officers are in-charge of such compounds they
should address the Collector when a grant under BSO 24-A [i] is applied for. This
grant is revokable at 24 hours notice. Temporary rents are exempted from registration
and stamp duty.
Powers of Sanction :
Govt. have enhanced the monetary powers in respect of grant of lease of
Govt. Iands in G.O. Ms. No. 1024, Revenue (Asn. III) Dept., dated 3-10-92 as follows:
62
Chief
Commissioner
of Land
Collector
Administration
Rs.
Rs.
Revenue
Divisional
Officer
Rs.
10 lakhs
25,000/-
5,000/
5 lakhs
10,000/-
2,500/
The powers of granting leases by the Mandal Revenue Officers are discarded.
3.
B.S.O. 24-A (9) deals with levy of charge for the occupation of the Government
land. The general principles for determining the charge are enumerated therein
but actual rates of charge are stipulated in B.P. Misc.236/72 dt.06-05-72
If there is a building on the property, the application for grant should be
submitted to the Collector for orders irrespective of the value of the property.
The following periods have been prescribed for issue of notice for revocation
of grant in cases of infringement of conditions of grant.
Period of grant
Period of notice
3 months
1 month
6 months
2 months
One year
3 months
Above one year
6 months
To watch fulfilment of conditions of grant of lands and also lands exempted
from payment of Revenue, a Register showing all such lands should be maintained
in every village and in Mandal Revenue Office in the form prescribed in Mandal
Accounts manual.
According to G.O.No. 1634 Revenue dt.25-07-42, the following officers are
competent to grant leases for Agriculture purpose.
Competent Authority
Valuable
Tahsildar/MRO
Rev.Divl.Officers.
Collectors.
CCLA
case.
Non-valuable.
63
The processing of a L.A. case under each of the stage is indicated below.
DRAFT NOTIFICATION STAGE:
Requisition :
64
basic value and 30% solatium assuming the time taken for acquisition as one year
and if funds are not deposited, the proposals be returned and that there will be no
discrimination between Government and non-Government Department.
ii) Submission of Draft Notification u/s 4 (1) of the Act:
On receipt of correct requisition and after joint inspection of the land with the
representative of the Requisitioning Authority, the L.A.O. will verify village accounts
regarding the tenure and the ownership of the land. As far as possible the lands of
small and marginal farmers should not be proposed for acquisition. But in unavoidable
circumstances, prior permission of the Govt. should be obtained before initiating
proposals for acquisition of such lands. During Inspections, the Land Acquisition
Officer will note down the particulars of the trees, topes etc., and structures, if any,
existing on the land and will send proposals to the Collector for notifying the lands
and structures u/s 4 (1) of the L.A. Act along with.
1)
Draft Notification u/s 4 (1);
2)
Extract of village A-Register/Settlement Fair Adangal for the lands;
3)
Extract of revised V.A.No.3 for the lands;
4)
Combined sketch of the land;
5)
One copy of requisition.
6)
Copy of notes of Joint Inspection signed by the L.A.O. and the representatives
of the Requisitioning Department.
7)
Attested copy of resolution, in case the Requisitioning Authority is a Local
Body etc.
8)
Certificate of clearance under A.P.LR. (COACH) Act or U.L.C. Act.
9)
Check slip for scrutiny and monitoring L.A. proposals.
10) Information of Small and Marginal Farmers.
11)
Proposals for placing the matter before Screening Committee.
It should be specifically mentioned in the report whether any places of religious
importance, tombs, or burial grounds are involved in the acquisition. If any lands of
H.R.&C.E/Wakf Board should also be obtained and enclosed to the proposals. This
item of work has to be completed in 30 days from the date of receipt of the correct
requisition.
iii)
Urgency Provision:
In cases of urgency, the provisions u/s 17 of the Act have to be invoked in the
notification u/s 4(1) to dispense with the enquiry under section 5-A of the Act. The
purposes of which the urgency provisions can be invoked are enumerated under
section 17 (2) of the Act. The idea in invoking the urgency provision is to publish the
D.D. u/s 6 without the need of conducting enquiry u/s 5-A; to issue notices to the
land owners u/s 9 (1) and 10 of the Act and to take advance possession of the land
after the expiry of 15 days from the date of service of the said notices.
65
The Honble High Court in its judgement dt. 29-11-90 in W.A. 105/90 struck
down Sec. 17(5) of the Act as repugnant and void in view of the Central Amendment
Act. 68/84 as such there is no need to conduct 5-A enquiry if the possession is not
taken with in 90 days in the cases where urgency clause is invoked, but the advance
possession can be taken only if 80% of compensation is paid to the land owners.
iv)
The publication of the notification u/s 4 (1) comprises the following actions:
1 ) Publication in the state official gazette (in Social Welfare cases, District Gazette).
2)
3)
The publication in Gazette should precede other publications. The last dates
of such publication and giving of such publication shall be the date of publication of
the notification.
II
Draft Declaration :
i) According to Section 6 (1) first proviso (ii) of the Act, the Draft Declaration u/
s 6 (i) of the Act shall be published within one year from the date of the 4(1) notification.
If it is not so published, the D.N.shall lapse. Hence, immediately after the 4(1)
notification is published, the L.A.O. has to adhere to the following time schedule for
the submission of the D.D. and the preliminary valuation proposals.
a)
Gathering of Registration Statistics of land sales
and preparation of valuation statements
30 days
b)
Preparation of subdivision records and conduct of
enquiry u/s 5 A:
30 days
c)
Pre-scrutiny of S.D. Records and preparation
and submission of D.D. u/s 6 to the Collector: 30 days
ii)
Objections of the persons interested are to be heard and disposed off under
sec.5-A in all L.A cases, where urgency provisions are not invoked. U/s 5-A, the
persons interested are entitled to file objections before the L.A.O. suo-motu within
30 days from the date of publication of the notification. There should be a clear
interval of 15 days from the date of service of notice in form-III and the date fixed for
5-A Enquiry. This notice should be published on the notice board of the Land
Acquisition Officer; M.R.O; M.D.O; Police Station; Sub Registrars Office and also
66
in the village and the published copies should be kept in the L.A. file. Hence the
date fixed for conduct of Enquiry u/s 5-A shall not be within the said 30 days period,
and the enquiry can be conducted from the 31 st day onwards. The objections filed
during the conduct of the enquiry shall be examined after obtaining specific remarks
of the Requisitioning Authority. Authority competent to approve D.D. is competent
either to accept or reject the objection. The Land Acquisition. Officer should maintain
docket-entries for the 5-A Enquiry which should also accompany the record of enquiry
to be submitted along with the proposals for approval of the D.D. u/s 6 of the Act.
iii)
1.
2.
3.
4.
5.
6.
iv)
Office.
The land value is based on the similar land sales in the village during the
crucial period (ie. the three years preceeding the date of publication of 4 (1)
Notification). The L.A.O. has to send detailed note discussing the sales, similarity
of the sale lands and their applicability for valuation of the lands under acquisition
and reasons for discarding the sales, etc., if the land is a tope, value is to be
capitalised keeping in view the guidelines issued in G.O.Ms.No.601 Revenue (L.A)
Dept. dt. 19-692). The L.A.O. should personally verify the existence of any trees,
houses, wells, buildings etc. on the lands under acquisition, and propose suitable
value for them. Basing on the ruling of Apex court, the CCLA in ref. No.GI\1161\99
dt. 16.7.99 has informed that compensation can not be awarded to wells and pipe
line. Irrigation well in Agricultural land can not have separate value from the values of
agricultural land as held in the decisions 1996(3) ALT, 1102, and 1197(1) APLJ 66
(SN). The following records shall accompany the P.V proposals.
a)
b)
Statement showing the registration statistics of the sale lands in the village
where the lands are under acquisition during the crucial period.
c)
Village plan showing the lands under acquisition and the sale lands. The sale
67
e)
f)
Award Stage :
According to Sec. 11-A, an award u/s 11 should be passed within 2 years
from date of publication of the Declaration u/s 6 of the Act. Otherwise, the entire
proceedings will lapse. Soon after the publication of the Draft Declaration and approval
of the valuation, the land Acquisition Officer shall fix up a date for holding the enquiry
u/s 11 of the Act, and issue public notices u/s 9 (1) and 10 and individual notices u/
s 9(3) and 10 for service on the persons interested. The publication and service of
the notice should be done in accordance with the instructions laid down in para 3 of
chapter 7 of part III of the L.A Manual and the served and published copies should be
kept in the L.A. file. It is of utmost importance that notice u/s 9(3) and 10 should be
served on all the occupiers of the land and the interested persons as well. There
should be a clear interval of 15 days between the last date of publication or service
of the notices and the date fixed for the award enquiry. On the date of award enquiry
the claims of the land owners regarding their title and their interests over the lands,
the amount of compensation they claim etc., have to be considered. The L.A.O.
should record in the note file of the L.A. file the details of the enquiry made by him
on the date of enquiry, the particulars of the petitions and other records filed by the
interested persons etc.
The award should contain the details of the ownership, how he acquired the
title to the land, particulars of legal heirs and apportionment of compensation among
such legal heirs. The award should also contain the details of the valuation of the
land. Award cannot be made in excess of the claim made by the land owner. In the
valuation portion of the award, the dates of publication of the Draft Notification and
the Draft Declaration and the crucial period should be clearly discussed. The main
function of the LAO is to determine the persons entitled to receive the compensation.
In all cases where there are no persons competent to alienate the land or where
there are disputes regarding the ownership or as to the apportionment of the
68
compensation among the various claimants, the L.A.0s should send references to
the Civil Court u/s 30 and deposit the amount of compensation in the court u/s 31
(2) of the Reconveyance:
Reconveyance :
Govt. may alone are competent to reconvey the lands acquired, even after
possession of such land is taken under the Act.
The Government have a right to utilise the lands acquired for one purpose to
any other public purpose other than the one stated in Sec.6(3) declaration, as held
by the Supreme Court in the case of Gulam Mustafa Vs State of Maharastra (2 AIR
1977 SC Page 448)
When once the original acquisition is valid for a public purpose, the title is
vested with the Government. How it uses the excess land is no concern of the
original owner and cannot be the basis for invalidating the acquisition. (Memo
No.15613/LA/A-2/92-2 dt 12-5-92 of the Govt. of A.P.)
In G.O.Ms.No. 783 (Rev.(LA) Department Dt. 9-10-98 the Government have
issued the following amendment to B.S.O. 90 para (32)
Amendment for paragraph 32 of B.S.O. 90, the following paragraph shall be
substituted, namely:
PARA 32 Utilisation of acquired lands for any other Public Purposes:
The land acquired for a public purpose under the Land acquisition Act, 1894
shall be utilised for the same purpose for which it was acquired as far as possible.
In case, the land is not required for the purpose for which it is acquired due to any
reason, the land shall be utilised for any other public purpose, as deemed fit, including
afforestation.
Further the Government in their circular Memo No.88393/LA (A2)\99 Rev.
Dept. dt.8.8.2000 issued instructions that whereever claimants request for
re-conveyance of the lands acquired under LA Act 1894, the matter has to be referred
to Government in the administration department concerned (i.e. the one which has
approved DN/DD) through CCLA instead of taking decision at the District Level or
other wise.
Passing of Consent Award:
As provided u/s 11 (2) of the Act. at any stage of L.A progs, an award can be
passed if the land owners have agreed in writing on the valuation etc. and given
consent for passing of such award in such cases, the L.A.O. should enquire into
the ownership of the land, obtain the agreement in the form prescribed, get the value
agreed upon approved by the competent Authority, obtain the permission of the
Collector, and pass the award. D.N. and D.D should be published for passing consent
award.
Protection to LAO before arrest / detention for depositing of compensation
69
70
Carrying out changes in village accounts, issue of Notices u/s 9(2) of S&B
Act and their service 20 days.
b)
c)
d)
e)
f)
Procedure :
Application in form. I accompanied by certified copies of all the documents
relied upon (as many as required to verify and to the respondents) shall be
presented to the Special Court/Tribunal.
2.
LAND REFORMS
73
The Andhra Pradesh Land Reforms (COAH) Act,1973 and the Rules made
there under came into force with effect from 1-1-1995.
I.
Ceiling Area :
In the case of family unit consisting of not more than 5 members, one standard
holding and for a family unit consisting of more than 5 members, an additional
extent of one fifth of one standard holding for every such additional member shall be
allowed but the total extent shall not exceed two standard holdigns (Sec.4).
II. Increase in Ceiling Area :
Where an individual or a member of a family unit has one or more major sons
holding no land or hold extent of land less than the ceiling area, then the ceiling area
of the said individual shall be increased in respect of each such major son by an
extent of land equal to the ceiling area applicable to him. (Sec.4-A).
The Tribunal, if it has reason to believe that a person is holding land in excess
of the ceiling area shall issue a notice in Form-ll requiring him to file declaration of
his holding or that of his family in the prescribed form within such period being not
less than 15 days. If he fails to file the declaration, the tribunal may obtain necessary
information in the manner prescribed in Sec.8 (2).
III.
Surrender of excess land:
A notice in Form Vl shall be served on every person, whose holding is in excess of
the Ceiling area to file surrender statement [Rule 7 (1)].
IV.
The Tribunal shall publish a notice in Form Vlil calling for objections, if any, in
the prescribed manner before accepting the surrender.
Vl.
After considering the objections, if any, received, the Tribunal shall pass an
order u/s 10(3) of the Act accepting the surrender (Rule 7(4) & (5). The Tribunal shall
send a copy of the Order under section 10 (3) to the declarant. Objectors if any,
R.D.0 and the M.R.O. concerned [Rule 7(6)].
VIl. Procedure for taking possesion on the surplus land :
The R.D.0 on receipt of Order under section 10(3) from the Tribunal, shall
74
issue an order in form IX authorising any Officer not below the rank of Revenue
Inspector to take possession of the land. The Officer authorised shall record a
statement from the person, if handing over possession of the land is voluntary, and
record a certificate in Form X, in triplicate and send one copy to the Tribunal, one
copy to the R.D.0 and the third to the M.R.O. concerned (Rule 8 (1) to (5)
The lands so surrendered and taken possession shall vest in the Government
free from all encumbrances.
VIII. Fixation of compensation for land, fruit bearing trees and structures:
Land value shall be computed in terms of the total land revenue payable on all
the lands surrendered by the person and vested in the Government as prescribed in
schedule 11. If there are fruit bearing trees or permanent structures, their value as
determined, shall be paid together with compensation for lands vested in Government.
A Notice in Form Xll shall be issued to all persons interested and a notification
in Form XIII with the particulars of land vested in the Government and amount payable
therefor shall be published in the A.P. Gazette and by affixture to the Notice Board
of the Office of the Tribunal, M.R.Os. Office and the Gram Panchayat.
If there is no claim or refusal to accept the compensation, the amount shall
be kept in Revenue Deposits (Sec.15).
IX.
All the surplus lands vested in Government under the Act. shall be allotted for
use as house sites for agriculture labourers, village artisans or other poor persons
or for agriculture or for purposes auxiliary thereto as prescribed to weaker sections
of the people depending on agriculture at the following rates.
i)
ii)
And in the remaining half, not less than 2/3rds to the Backward Classes;
iii)
And in the remaining 1/3rd, the land can be leased out by the Government or
reserved for any common use or benefit of the community.
The maximum limit of land that can be allotted to an individual or a family unit
shall be as follows [Rule 10 (2)]:
For house sites :-
For agriculture :-
X.
Every person to whom the land is allotted shall pay the land value together
with the value of trees and structures therein within period of 15 years from the date
of allotment.
Land Value:
50 times the land revenue on the land, subject to a maximum of
Rs.1250/- per hectare for wet, and Rs.375/- per hectare for Dry (Sec.14(2).
75
XI.
Appeals :
1)
An appeal shall lie within 30 days against an order passed by the Tribunal or
R.D.0 to the appellate Tribunal and the Orders passed by the Appellate Tribunal,
subject to the revision u/s21, shall be final.
2)
Where the Government interests are involved the Authorised officer, on behalf
of Government, shall file an appeal within the time prescribed in Land Reforms
Apellate Tribunal through the Government pleader.
In Primary Tribunal, the Authorised Officer will argue and file written statements
and arguments instead of Government Pleader. If necessary, the Collector may
direct the Government Pleader to appear in the Primary Tribunal also, to safeguard
the interests of Government.
Supreme Court Case Law: 2000 ALT (Rev.) 86 (SC) in the Supreme Court of India
M. Jagannadha Rao and K.G. Balakrishna, JJ.; Special Leave Petition (Civil) No.
15354 of 2000 - Decided on 17-10-2000.
Makineni Venkata Sujatha Vs. Land Reforms Tribunal and another
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act,
1973, Sections 4-A and 18-Hindu Succession Act, 1956, Sections 29-A (as introduced
by A.P. Amendment Act 13 of 1986) and 6Scope of Section 29-A Section 29-A
relating to equal rights to daughter in coparcenary property overrides Section 6 of
the Hindu Succession Act and would not override the provisions of the Land Reforms
Act Section 4-A applicable to cases of major sons and not a major daughters.
XII. Revision :
A revision shall lie to the High Court within the prescribed period from any
order passed by the Appellate Tribunal either by parties or by Government on the
following grounds:
1)
that it exercised jurisdiction not vested in it by law.
2)
that it failed to exercise a jurisdiction so vested.
3)
that it exercised jurisdiction illegally or with material irregularities.
XIII. Duties of Authorised Officer :
The Authorised Officer shall examine each and every order passed by the
Tribunal, Land reforms Appellate Tribunal. High Court and Supreme Court. If any
Government interests are involved, he should consult the Government Pleader and
obtain orders of the Joint Collector and file necessary appeal or revision in Appellate
Court or High Court, as the case may be. The Government Pleader, High Court will
send a copy of High Court Order to the Land Reforms Commissioner with his legal
opinion and the Land Reforms Commissioner will direct the Collector to file special
leave petition or appeal in the Supreme Court. The Advocate on record at New Delhi
drafts necessary petition and affidavits on the information furnished by Authorised
Officer and file them in the Supreme Court.
76
WATER RATES
1) In the Andhra Pradesh Water Tax Act 11 of 1988. the Govt. have rationalised
the levy and collection of water rates in the State, by introducing uniform water rates
on all lands by treating all lands whether classified as wet or dry in the Revenue
Records as Dry in levying uniform Water rates all major and medium irrigation projects
are classified in the Act under Category - I and other Government Irrigation sources
which supply water for a period of (5) months and above are classified under
Category-ll. These Water rates are applicable from 1-7-1986 onwards.
2) The Government have issued an ordinance No.1/97 enhancinig the Water
rates amending the A.P. Water Tax Act, 1988 which have come into force w.e.f. 1
-7-96 i.e., from Fasli 1406 vide Govt. Memo.No.956/LR/3/97-3, Revenue (L.R)
Department, dt. 29-1-97. (Act 13/99)
3) The following amendments were issued by the Govt. from time to time in
regard to levy of cesses on the sources notified under the A.P. Water Tax Act. 1988
and also on dry lands.
1.
G.M.No. 956/lR.111/
@) 18 ps.
From fasli 1406
97-3, dt. 29.1.97 waived on the lands irrigated
Ordinance 1/97
the sources notified under
the A.P. Water Tax Act. 1988
2.
3.
G.O.M.S. No. 267 Education cess @ 19 ps. also w.e. from 1.7.96
Rev. (IR) Dept.,
waived on the lands irrigated
F.1406 onwards
dt. 18.4.98
under the sources notified u/s. 4
of A.P. Water Tax Act. 1988.
G.O.Ms. No. 559, Waived the local cess
From the date of
Rev. (IR), dated
and land cess @ 18 ps
issue of G.O. ie
31.7.9B
per one rupee on dry lands.
from 31.7.98
Schedule of rates of Water Tax Act 11/1988
Sl. No.
(Rs.)
1.
200
100
2.
150
100
3.
100
60
4.
100 60
5.
350
6.
500
500
According to the said ordinance the following are the important points to be
77
i. The land cess and local cess and also Education cess @ 19 ps. in the
respective areas need not be collected for the lands irrigated by the sources
notified under the A.P. Water Tax Act, 1988.
ii. In respect of other irrigation sources not notified under A.P. Water Tax
Act, 1988, the present arrangement would continue.
iii. In respect of dry lands, where land revenue has already been exempted
(waived) by the Govt. Land cess and local cess would continue to be
collected.
i)
Assessment leviable under the provisions of A.P. NALA Act, 1963 on lands
used for non-agricultural purposes.
ii)
iii)
Water cess leviable on the irrigation of dry lands (Teeruvajasti) and extra
assessment on irrigation of single crop wet lands for more than 6 months in
a year (Faslijasti).
78
Whether for any reason the land revenue or any portion thereof is remitted or
suspended, in Andhra area, the land cess and also the education cess shall be
remitted or suspended in the same proportion (G.O.Ms.No.202-P.Raj Dept-dated
18-2-1978).
The reduced land and education cess of 5 paise per rupee of land revenue
shall be apportioned between land cess and education cess in the same original
ratio of 18:19. The amount of land cess thus arrived at as due to Panchayat Raj
institutions shall be added to the land cess separately collected from non-exempted
land holdings and the total land cess shall be apportioned in the ratio of 5:6:7
between the Zilla Praja Parishad, Mandal Praja Parishads and Gram Panchayats.
REMISSIONS
The remission and suspension of land revenue shall be governed by the
A.P. Land Revenue Remission and suspension Rules, 1968.
1. SEASONAL REMISSION :
1.
CONDITION : Remission of Land revenue shall ordinarily be granted when
the land is left waste or the crop is lost for one or more of the following reasons :
and
of
2.
INELIGIBLE CASES : No seasonal remission of land revenue shall be
granted in the following cases :
a) if leaving the land as waste and failure of crop are due to riots neglect
b) if inspite of adequate supply of water second Crop is not raised in single
crop wet land, due to riots neglect. (in these cases, the remission granted
if any, for first crop may be revoked
(Rule-5).
c) Mamul waste lands.
d) Dry lands.
3. SCALE OF REMISSION :
Remission of land Revenue Shall be granted in respect of wet lands
at the following scales : (Rule 6).
Paddy crop yield per acre :
400 Kgs and below
Scale of Remission
Full remission
Half remission
No remission
79
Full remission
Half remission
No remission
For purposes of Rules 6 and 12, the District Collector shall in consultation
with the Director. Bureau of Economics and Statistics and also in consultation with
the Director of Agriculture, if necessary, fix the normal yield of the different crops for
each district or part of the district, in terms of Kilograms per acre, and shall notify
the same in the District Gaette for information of the riots.
4. PROCEDURE FOR CLAIMING REMISSION :
a)
The riot who desire to claim remission shall submit a written application to the
M.R.O/M.R.I, specifing in it the fields for which remission of land revenue is sought.
b)
Within 30 days of the application, the M.R.I. should inspect crop and submit
his report to the M.R.O. The M.R.O. shall inspect a fair percentage of fields (not
less than 10% of the fields) in each village. The R.D.O.
shall also inspect some fields in the Village and random cutting experiments be arranged in any
village where the area covered by remission
application exceeds 50 acres.
80
WELLS:
The Mandal Authority shall have to ensure that, every owner of the well in his
jurisdiction, to register his well with the Mandal Authority (Rule 11) obtains permission for new wells on payment of fee (Rule 12) Impose conditions for such permission (Rule 13), regulate wells in over exploited areas (Rule 14) taking over of well to
ensure drinking water (Rule 15) Registration of Rigs (Rule 17) Prohibition of Water
contamination (Rule 20) modification of land use ceiling on water use (Rules 21 and
22).
SAND MINING :
According to Rule 23 of APWLAT Rules 2002, in areas where sand mining is
affecting the ground water regime, such of the areas shall be notified and transportation of sand shall be banned in category I, II & III ground water micro basins/
Mandals and for other areas, conditions stipulated in the Rule 23 are applicable.
TREE PLANTING :
According to Rule 24 of the APWLAT Rule 2002, every owner of a residential
area, /commercial area shall have to plant small or medium variety of plant as
prescribed in sub rule (i) and (ii) of rule 24. The local authority having jurisdiction
shall grant building permission subject to the condition that the owner shall plant
prescribed number of trees.
The owner of the premises who desires to fell a tree have to apply in writing to
the designated officer (to be appointed by the Govt. or District Authority by a separate order sub rule 4 and 5 of Rule 3) for permission to fell the tree by paying Rs.50/
- in urban areas and Rs. 25/- in rural areas. The designated officer should dispose
the application within 15 days from the date of receipt of application by him (24 (4 to
6)) the permission to fell a tree may be granted subject to the condition that the
applicant shall plant another two trees within 30 days from the date the tree is fallen
in the same place or at other suitable place.
OFFENCES (Rule 25)
Any violation of the provisions of the act & rules shall be booked in the offence
report in form 4.
The designated authority can seize any instrument or machinery, or any other
device, vehicles or other conveyance or any other movable property used in or involved in committing such offence.
COMPOUNDING OFFENCES (Rule 26)
81
The designated officer may compound the offences, as per the quantum of
compounding fee prescribed in sub rules i, ii, & iii of rule 26(1).
APPEAL (Rule 27)
Any person aggrieved by any order made by the designated officer may appeal to the dist. Authority within 30 days from the date of receipt of order.
AP WATER, LAND & TREES AUTHORITY FUND (Rule 29)
All monies received by Mandal/district/State Authority shall be credited to the
respective authority by any of cash or D.D. in a Govt. A/c to the operated by jointly
by member secretary and chairman of the authority.
ANNUAL REPORT (Rule 30)
The annual report of the authority about its activities in an year in the format
prescribed by the Govt. has to be sent to Govt. as per due date fixed by the Govt.
FROM 3
(See Rule 12 and Rule14)
Permission for digging a well
Sir............................of ....................................... (Address) is permitted to
dig a new well at .............................(location) to a depth of ............ meters for
drawing water for Irrigation / Industrial / Domestic use, subject to the following conditions :_
1. The well shall not be used for drawing water for any other purpose other
than applied for
2. The withdrawal of water should be regulated and no wastage for water should
be done
3. The utilized water should be recycled as prescribed for recharging the ground
water
4. Structures should be constructed for harvesting rainwater in the vi-vacinity
of the well. (Mandatory in case the proposed well falls in area declared as Over
Exploited Area)
5. The utilization of water will be subject to the regulation from time to time
based on the extraction water from the well.
82
Place :
Date :
nated Officer
FROM 7
(See Rule 26)
(Compounding Order)
Sri ........................ S/o. ...................... Aged .......... R/o. ............. has
committed an offence against the provisions of the Andhra Pradesh Water, Land
and Trees, Act 2002 and rules made thereunder. An offence case is booked vide
case No. ............... dated ................... under section .......... of the Andhra Pradesh
Water, Land and Trees Act, 2002.
In view of the willingness expressed by the accused, I hereby order that a sum
of Rs. /- be paid towards compensation.
On payment of the compensation amount in full, the seizures detailed hereunder shall be released.
Details of seizures
1.
2.
3.
4. etc
If the compensation amount is not paid in full within thirty days from the
date of receipt of this Order, action to recover the same will be taken as if it were
arrears of land revenue.
Appeal against these Orders, lies to the District Authority within thirty days
of receipt of these orders.
Place :
To
Sri
H.No. ..........., Street.................
83
Designated Officer
Water, Land and Tree Authority
(with Seal)
FORM - 13
(See Rule 17)
Registration of Rigs
The vehicle bearing number ............... belonging to Sri............of............ (Address) is registered with the Water, Land and Trees Authority of Andhra Pradesh as
a rig for operation with in the territorial area of Andhra Pradesh.
This registration is valid up to..................................
This registration does not convey any endorsement of the vehicle for its performance and does not amount to recommendation for employing the rig but only
conveys that the rig is permitted to operate with in the territotial jurisdiction of Andhra
Pradesh State subject to all other conditions per the law and rules in force
84
Place :
Date :
Designated Officer
Water, Land and Tree Authority
(with Seal)
EVACUEE PROPERTY
The following Acts relating to Evacuee Property have been repealed by the Government
of India on 5th September 2005 (Act No.38 of 2005) which is being called as the
Displaced Persons Claims and other Laws Repeal Act 2005,
1. The Administration of Evacuee Property Act 1950.
(Act No.31 of 1950)
2. The Displaced Persons (Claims) Act 1950.
(Act No.41 of 1950)
3. The Evacuee Interest (Separation) Act 1951.
85
ment & Land Revenue to the Commissioner & Inspector General of Registration &
Stamps.
The Urban Land (Ceiling & Regulation) Repeal Act, 1999 (Central Act 15 of
1999) shall come into force in the State of Andhra Pradesh with effect from 27.3.2008.
(BY ORDER AND IN THE NAME OF THE GOVERNOR AF ANDHRA PRADESH)
K.RATNA PRABHA
PRINCIPAL SECRETARY TO GOVERNMENT
GOVERNMENT OF ANDHRA PRADESH
REVENUE (UC.I) DEPARTMENT
Circular Memo.No.17377/UC.I(1)/2008-1
Dated:
24.4.2008
Sub: Urban Land (C&R) Act, 1976 Adopting the Repeal Act, 1999 (Act 15 of
1999) with effect from
27.3.2008 in the State of A.P Circular
Instructions Issued- Reg
The Urban Land (Ceiling and Regulation) Act, 1976 was enacted by the
Parliament with the object of preventing concentration of the Urban Land in the
hands of few and to bring about socialization to sub-serve the common good by
ensuing its equitable distribution. This act was adopted by the Government of
Andhra Pradesh with effect from 17.2.1976.
The implementation of the Act was plagued by several problems like delay in
finalisation of the declarations, disputes, litigations pendency of cases before Courts
and misuse of exemptions etc, The above act was repealed by the Parliament with
effect from 22.3.1999.
In A.P. State the Municipal & Urban Development Department has committed
to Government of India for repeal of ULC Act as a part of JNNURM reforms
programme. To that effect a resolution has been adopted in the State Legislative
Assembly and Council to repeal ULC Act, 1976 in Andhra Pradesh by adopting the
Repeal Act, 1999 (Act,59 of 1999) with effect from 27.3.2008. From that date the
Principal Act, 1976 is repealed and now the Repeal Act, 1999 is in force with some
saving clauses.
By adopting the Repeal Act, 1999 in the State of Andhra Pradesh, the following
circular instructions are issued.
a)
only cases in which possession of surplus lands taken by Government u/.s
10 (6) will be saved
b)
All cases in which orders passed u/s 20 (1) shall be saved and further action
could be continued in future in those cases only as if the Principal Act had not
been repealed.
c)
All pending cases in different stages i.e, under section 8 (1), 8 (4) and
notifications 10 (1), 10 (3) and notice 10 (5) shall abate
d)
All cases pending before any court or authority shall abate
e)
All cases which were remanded back by courts or any authority on appeal
shall also abate if they have not completed 10(6) stage
f)
All pending proceedings in respect of other matters shall abate
g)
Under Repeal Act 1999, section 33 of Principal Act is not protected along
with other sections like sec 10 (3) with land possession, sec 20 (1) etc, That
88
89
certain conditions. The benefit under the said G.Os., was extended from time to
time and finally it was extended upto 31.3.2006 vide G.O 3rd read above.
2.
Whereas the Urban Land (Ceiling & Regulations) Act, 1976 has been repealed
in A.P State by adopting the Urban Land (Ceiling & Regulation) Repeal Act, 1999
(Central Act No.15 of 1999) with effect from 27.3.2008.
3.
Whereas several representations were received form public, Housing Societies
etc, requesting for consideration of applications which were received before 31.3.2006
for regularization/ exemption and pending as on 27.3.2008 i.e, the date of Repeal
of Principal Act, due to administrative reasons and they finally requested to settle
their pending applications on humanitarian and sympathetic grounds as most of
the applicants are middle and lower middle class people at the rates prevailing as
on the date of their applications.
4.
Whereas, it has come to the notice of the Government that nearly 2114
applications were pending in Five Agglomerations as on 27.3.2008 for want of
administrative action and 1892 due to pendency of court cases.
5.
Whereas the Government after careful examination of the matter and keeping
in view of the adoption of ULC Repeal Act, 1999 in the State of Andhra Pradesh and
section 3 (1) (a) of the above said Act which provides for saving of lands which were
vested with Government and possession of which has been taken over by the
Government under the provisions of Principal Act, 1976 hereby decided to settle all
the pending applications which were received before 31.3.2006 and pending as on
27.3.2008 in which possession is taken by the Government under 10 (6) of the
Principal Act by taking the slab rates at which they filed applications before
31.3.2006.
6.
All the Special Officers & Competent Authority, Urban Land Ceiling are hereby
directed to submit necessary proposals to the Government accordingly within a
week without fail.
(BY ORDER AND IN THE NAME OF THE GOVERNOR AF ANDHRA PRADESH)
K.RATNA PRABHA
PRINCIPAL SECRETARY TO GOVERNMENT
law.
90
U/s. 15 of the S &s B Act (Vlil of 1923) every registered holder (owner) of land
is bound to maintain, renew and repair all survey stones on the boundaries of his
holdings. It shall be the duty of every Village Assistant to ensure that the Survey
stones are not tampered with and when he notice and missing survey stones during
his cycle of Inspections, he should report the particulars to the Mandal Surveyor
through the Mandal Revenue Inspector together with draft notices u/s 15 (2) which
are to be signed either by the Mandal Revenue Inspector or Mandal Surveyor and
served on the ryots concerned. The Mandal Surveycr during his visits should renew
the missing stones in cases in which 15 days time expired after service of notices
issued u/s. 15 (2) and the maintenance charges shall be recovered from the ryots
concerned as per rules.
The procedure to be followed in respect patta sub divisions and sub divisions
in poramboke fields/L.A. cases is follows:
Patta Sub Divisions
3.
Additional durable demarcation is
involved.
4.
91
certificate prescribed
Para 13 (b) is to be appended.
Nature
Fee
Tribals are exempted from the payment of fee for creation of newsub divisions.
Similarly the S. Cs, S. Ts. and B. Cs. who were allotted House sites are also
exempted from the payment of demarcation charges. All applications for the above
purposes are to be made in writing duly affixed with Court Fee lable worth Rs. 2/- in
each case.
=
=
=
=
Metric Units
=
92
Metric Units
1 foot
1 Yard
1 furlong
1 mile
1 Centimeter (cm)
10 centimeters
10 dosimeter
10 meter
10 dekameter
10 hectometers
1 inch
1 foot
1 yard
1 mile
1 centimeter
1 meter
1 kilometre
=
=
=
=
=
1 decimeter
1 meter (m)
1 dekameter
1 hectometer
1 kilometre (km)
Conversion Factors
=
25.4 millimeters (exact)
=
30.48 centimeters (exact)
=
0.9114 meter (exact)
=
1.60344 kilometers (exact)
=
0.393701 inch
=
39.3701 inches
=
1.09361 yards
=
0.62137 mile
Area
144 Square inches
9 square feet
48.40 Square yards
4848 Sq. Yards
640 acres
*
*
*
=
=
=
=
=
1 square foot
1 square yard
1 Cent
1 acre
1 square mile
93
If a landlord fails to cultivate the land resumed personally with a period of one
year from the date of such resumption or having discontinued cultivation for a
continuous period of not less than one year within a period of six years such
land shall be restored to the tenant by the Special Officer on application made
by the tenant. [Section 12(3)]
The tenant has to be given an option first to purchase, if the landlord intends to
sell the property. If the tenant gives his option to purchase it, and there is no
agreement between landlord and tenant with regard to price, they may apply to
the Special Officer for the determination or reasonable price of such land. After
due enquiry, the Special Officer fixes the price which shall not exceed five
times of fair rent, and it shall be payable in 10 equal installments by the tenant
and sale shall become effective on the payment of first installment. [Section 15
(1,2,3 &4)]
The tenant may terminate the tenancy and surrender his holding at the end of
agriculture year during the currency of lease by giving not less than 3 months
notice in writing before the end of such year to the landlord and to Special
Officer and surrender takes effect only after it is accepted by Special Officer
due enquiry. [Section 14]
(2)
(3)
The ceiling of the amount of the benefit is Rs. 500/- (Rupees five hundred
only). (Rs. 300/- should pay at 8th month pregenanscy and Rs. 200/- first
month after the delivery).
The sanctioning Authority for these schemes is the Sub Collector/ RDO of
concerned Revenue Division.
[G.O.Ms. No.751, Panchayat Raj, RD & Rehabitation) Department, Dt. 5-12-95]
N.M.B.S. The ANM (Multi-Purpose Health Worker) will prepare an application giving
details of the pregnant women, who belongs to below poverty line, get it certified by
VAO and forward to the MPDO after obtaining the countersignature of the Doctor of
PHC. The MPDO after scrutiny, will sanction the financial assistance of Rs.500/(Rs.300/- during 8th month of pregnancy and Rs.200/- during the first month after
delivery).
The lists of the above two schemes should be submitted to the RDOs
concerned once in three months for statutory ratification of the funds so utilised.
Widow pensions Rs. 200/- (Rupees Two hundred only) per month
Disabled pensions Rs. 500/- (Rupees Five hundred only) per month
APATHBANDHU
Apathbandhu Scheme - Accident Insurance Scheme for Below Poverty Line families
in Andhra Pradesh - Implementation of the Scheme for the policy year 2011-12 i.e.,
from 2-10-2011 to 1-10-2012 - Orders - Issued.
REVENUE (DM.1) DEPARTMENT
G.O.Ms.No.19
Dated: 07-09-2011
Read the following
1. G.O. Ms.No.14, Revenue (DM.I) Dept., dated 14-9-2010.
2. G.O. Ms.No.17, Revenue (DM.I) Dept., dated 6-7-2011.
3. G.O. Rt.No.1901, Finance (Exp. Revenue) Dept., dated 30-4-2011.
4. G.O. Rt.No.3377, Finance (Exp. Revenue) Dept., dated 24-8-2011.
5. G.O. Rt.No.3493, Finance (Exp. Revenue) Dept., dated 5-9-2011.
6. From the New India Assurance Company Limited, Quotation/Letter dated:
18-7-2011.
7. From the New India Assurance Company Limited, Invoice/Bill No. ChMs/
01/2011, dated: Nil.
ORDER :
1.
In the G.Os 2nd read above, Government have decided and issued orders to
97
continue the Apathbandhu Accident Insurance Scheme for the Below Poverty
Line (BPL) families in Andhra Pradesh for a further period of one year from 1508-2011 to 14-08-2012.
2.
In view of administrative reasons, the orders issued in the G.O.2nd read above
not implemented. Government, after careful examination and in partial
modification of the orders issued in the G.O.2nd read above, issued orders to
continue the Apathbandhu Accidental Insurance Scheme for the Below Poverty
Line (BPL) families in Andhra Pradesh for a further period of one year i.e.,
from 2-10-2011 to 1-10-2012. The other things are remaining unchanged.
3.
In response to the Government advertisement and letters calling for bids, M/
s. New India Assurance Company Limited, amoung others, has submitted
their lowest bid vide reference 6th cited.
4.
A three member committee constituted vide reference 1st cited have examined
the bids of the tenderers and recommended M/s. The New India Assurance
Company Limited, which is L1 i.e., the lowest bidder.
5.
The Finance (Exp. REv.) Department, in addition to the annual Budget provision
of Rs.20,11,17,000/- issued Budget Release Order (BRO) for Rs. 5,87,82,774/
-, in relaxation of Treasury Control and Quarterly Regulation Orders pending
provision of funds by way of obtaining supplementary during the financial year
2011-12, under Apathbandhu Scheme, to the Commissioner for Disaster
Management & E.O. Principal Secretary to Government towards payment to
the Insurance Company vide References 3rd, 4th and 5th read above, as
detailed below:
SI.No. Particulars
Amount (Rs.)
1.
First Quarter Provision
5,05,79,000.00
2.
Second Quarter Provision
5,02,79,000.00
3.
Third & Fourth Quarters Provision
10,05,59,000.00
Total Budget Provision for financial year 2011-1220,11,17,000.00
4.
Add : Additional Funds
5,87,82,774.00
Total amount authorized:
25,98,99,774.00
6.
The Government after examining the matter have decided to implement the
scheme by paying a premium of Rs. 25,98,99,774/- (Rupees Twenty five crores
ninety eight lakhs ninety nine thousand seven hundred and seventy four only)
to M/s The New India Assurance Company Limited for minimum coverage of
6000 cases with no ceiling cap @ Rs. 50,000/- per case.
7.
The Government would initially be paying the premium of Rs.25,98,99,774/for 6000 cases and once the target is nearing completion, on the basis of
number of cases expected, additional premium will be paid on pro-rata basis.
8.
The nature of deaths covered under the Scheme shall be as follows:1. Deaths resulting from break down of Law and Order / Riots and acts of
98
9.
the State in the restoration of Law and Order, excluding deaths arising
out of faction fights.
2. Deaths of passengers in accident caused or resulting from operation of
passenger carrying vehicles owned / hired by APSRTC or deaths caused
or resulting from operation of any other vehicles including deaths of
pedestrians caused by all such vehicles.
3. Deaths resulting from accident to water borne vessels such as boats
etc., while they are plying.
4. Deaths on account of floods, cyclones, storms, thunderbolt inundation,
etc.
6. Deaths on account of fire accidents.
7. Deths on account of electrocution.
8. Deths on account of extremist violence.
9. Deths resulting from attacks / atrocities against S.Cs / S.Ts.
10. Murder and death of women on account of rape, molestation etc.
11. Deths on account of earthquakes.
12. The Toddy Tappers, who die due to accidental fall, are covered under
Apathbandhu sheme as it is an accidental death. If the case is covered
under the Excise Department Insurance Scheme, then it will not be
considered under Apathbandhu.
13. People, who die due to drowning, also are covered under Apathbandhu
sheme as it is an accidental death.
14. Death due to Rabies / Dog bite is also covered under Apathbandhu
sheme subject to the condition that the dog bite has taken place during
the policy period and hte death of person has occurred within 12 months
of the dog bite and subject to post-mortem report.
15. Death due to snake bite or due to attack by wild animals is also covered
under Apathbandhu sheme, as these are accidents, subject to postmortem report or Medical certificate from the Doctor not below the rank
of Asst. Civil Surgeon.
16. Deaths caused due to Sun Stroke during Heat wave conditions.
17. Any other accidental deaths, not specifically excluded.
The following nature of deaths are not covered under the Scheme:1. Self injury, suicide or attempted suicide.
2. Death while under the influence of alcoholic drinks or drugs.
3. Engaging in aviation activities other than traveling as passenger (in a
duty licensed standard type aircraft) anywhere in the world.
4. Venereal diseases or insanity.
99
10.
11.
2235
- Social Security and Welfare
60
- Other Social Security and Welfare Programmes
MH-200
- Other Programmes
SH-(20)
- Assistance to Below Poverty Line families under Accidental
Insurance Scheme (Apathbandhu)
310
- Grants - in - aid
312
- Other Grants - in - aid
12.
The Assistant Secretary to Govt. & DDO, Revenu (DM.IV-Claims) Dept.
Shall draw and disburse the amount of Rs. 25,98,99,774/- (Rupees Twenty
five crores ninety eight lakhs ninety nine thousand seven hundred and seventy
four only) to M/s. The New India Assurance Company Limited through a
cheque on or before 2-10-2011.
13.
This order issues with the concurrence of Finance (Exp.Rev) Dept. vide
their U.O.No.8523-PFS(FP)/389/A2/Exp.Rev./2011, dt. 06.09.2011.
(BY ORDER AND IN THE NAME OF THE GOVERNMENT OF ANDHRA
PRADESH)
Dr. T. RADHA
Commissioner for Disaster Management & E.O. Principal Secretary to
Government
3.
Ex. gratia for loss of limb
Revenue (C&DR)
4.
G. 0 . 9 8 7 ,
Dept., dt.17-10-87.
Rs.130/-
-do-
5.
Petty Shops
Weavers
Looms
Yarn
Rs. 2000/-
- do -
- do - do -
50 families
:
250 families
Unlimited
102
shall be registered at the place where it was actually occured but not elsewhere.
Each part of the register of events shall be numbered serially for each calender year.
No entry shall be interpolated between 2 entries recorded earlier. An event which
occured in a previous year shall be recorded in the register for the year in which it is
reported.
The particulars of births and deaths shall be reported to the Registrar with the
following periods:
Births
Deaths
Late fee
birth/death
With in 30 days
After 30 days but
within one year
Rs.2/Rs.5/-
Rs.10/-
Search Fees :
1)
For a single entry in the first year:
Rs.2/2)
For every additional year:
Rs.2/3)
For granting extract of each birth or death: Rs.5/4)
For granting non-availability certificate; Rs.2/Birth and death registers are permanent records and shall not be destroyed.
The birth/death registers of other areas (item No.3 above) are to be surrendered to
the M.R.Os Offices after the calender year is over.
DELAYED REGISTRATION OF BIRTHS AND DEATHS
1.
Any birth or death of which information is given to the Registrar after the
expiry of the period specified therefor. But within thirty days of its occurrence shall
be registered on payment of such late fee as may be prescribed.
2.
Any birth or death of which delayed information is given to the Registrar after
thirty days but within one year of its occurrence shall be registered only with the
written permission of the prescribed authority and on payment of the prescribed fee
and the production of an affidavit made before a notary Public or any other officer
authorized in this behalf by the State Government.
3.
Any birth or death which has not been registered within one year of its
occurrence shall be registered only on an order made by a Magistrate of the first
class or Presidency Magistrate after verifying the correctness of the birth or death
and on payment of the prescribed fee.
(Registration of Births & Deaths Act, 1969 Section 10-15)
The following documents are required for applying late entry of Birth/
Death
1)
Non-availability Certificate from Municipality/Panchayat.
2)
Affidavit from Parents/relatives in case of death entry.
3)
SSC/Study Certificate/T.C. of the individual.
4)
Written statements of the Parents/Neighbours/Mid-wife or Doctor.
5)
Xerox copy of Passport, if the applicant is Green Card Holder.
6)
Challan for Rs.5/- per year to the Head of Account of
1475
O.G.E.S
800
Other receipts
07
Registration of Birth/Death/Marriage
should enter aH particulars of births, still births and deaths in the Begisters prescribed for the purpose, in three
(2) The District Magistrate, the Additional District Magistrate or the Executive
Magistrate having jurisdiction, may on the basis of information furnished by the
applicant and after such inquiry as he thinks fit, issue a letter or memorandum in
the form in Annexure-ll to this Order, to the effect that on the basis of the information
available, he is qualified for recognition as a Citizen of India. The Magistrate concerned
shall exercise due caution and satisfy himself about the applicants claim to Indian
Citizenship before issuing the letter or memorandum.
(3) The applicant shall, there after send another application to the Director of
Government, Printing and Stationery (Printing Wing), along with the letter or
memorandum issued by the Magistrate concerned for publication of a private
advertisement, in the Andhra Pradesh Gazette on payment of the publication charges.
(By Order and in the name of the Governor of Andhra Pradesh)
A. KRISHNASWAMY
Chief Secretary to Government
ANNEXURE- I
Application Form
To
The
Sir,
1.
2.
3.
4.
5.
6.
7.
8.
9.
2.
Occupation:
I am in the service of the State Govt. or the
106
10.
11.
12.
Place:
Date:
ANNEXURE - 11
MEMORANDUM
With
reference
to
the
application
filed
by
........................................................
.....................................................................................................................................
is informed that on the basis of the information available,
.................................................................................
..........................................................................................................................................................
(
a
d
d
r
e
s
s
)
.................................................................................................................. has
qualified for recognition as a Citizen of India. The communication has been issued
to him so as to enable him to change his name/surname and it has no legal validity
whatsoever.
MANDAL REVENUE OFFICER &
MANDAL EXECUTIVE MAGISTRATE
1.
G.O.P. No. 819, G.A.(Genl.C) Dated 8-12-1977.
2.
From the Government of India, M(H.A) New Delhi, Lr.No. 23012/10/84, dated
18-5-1983.
ORDER :
1.
A ccording to the orders issued in the G.O. read above, if a citizen of India
residing in the Andhra Pradesh State, intends in changing his name, he shall
secure a certificate from the Dist. Megistrate or Additional District Magistrate
or Executive Magistrate to the effect that he is a citizen of India and with the
certificate so secured shall apply to the Director of Printing for publication of
his changed name as a private advertisement in the Andhra Pradesh Gazetteee.
The above procedurs is being followed in respect of all persons including
Goverbment employees residing in Andhra Pradesh State.
2.
The Government of India in the Letter read above a revised procedure for
change of name by Government according to which the individual need not
obtain a certificate from the District Magistrate but should execute a deed.
The Government after careful examination prescribed the following procedure
for change of name by a Government employee.
3.
A Government employee of Andhra Pradesh State wishing to adpot a new
name or to effect any modification in his existing name should be asked to
adpot the change formally by a deed changing his name. In order that execution
of the document, may not be in doubt, it is desirable that it should be attested
by to witnesses preferably those known to the Head of the Office in which the
Government employee is serving. A sample deed form for change of name is
enclosed for reference. The execution of the said deed should be followed by
publication of the change in a prominent local news paper as well as in Andhra
Pradesh Gazette. The publication should be undertaken by the Government
employee at his own expense in both cases. The said deed form should be
on the stamp paper (non judicial) of value of Rs. 5 (Ruppes Five only) and the
same need not be registered.
4.
After the aforesaid formalities are complied with and satisfactory evidence of
identify and execution of the deed is adduced by the Government employee,
the adoption of the new name or change in the existing name would be
recognised officially and then the entries in Government records may be made
accordingly. True copies of the relevant documents should be retained by the
concerned head of the office.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
SHRAVAN KUMAR
Chief Secretary to Government
ANNEXURE
FORM OF THE DEED FOR CHANGE OF NAME
BY THE DEED : I the undersigned B.C. (New Name) of etc., now lately called C
(Old Name) employed as (Designation of the post held at the time by the Government
108
MAGISTERIAL FUNCTIONS
Indian Penal code 1860 is substantive Law.
The code of Criminal Procedure 1973 is both a procedural and substantive
law.
Megistrates. :
The following Officers are appointed as Magistrates by virtue of their offices.
District Collector
District Magistrate
Additional District
Magistrates
Divisional Officers
Mandal Revenue Officers
FORM OF INQUEST
POLICE MANUAL
FORM 78
DISTRICT
STATION
REPORT OF INVESTIGATION UNDER SECTION 174, CODE OF CRIMINAL
PROCEDURE,
ON THE BODY OF A PERSON DEAD AT .................................... ON THE
DATE OF .............. 200
N.B. (i)
(ii)
The word nil should be written against the number of any question
which requires no answer.
1.
2.
3.
4.
5.
6.
Case diary forms should be used as inner sheets for answering these
questions.
QUESTIONS
Names, caste, calling and residence of
persons composing the panchayat.
Deceaseds name, sex, age, caste, calling,
fathers name and residence.
By whom first found dead, when and where?
By whom last seen alive, where and when
and in whose company
Height, colour, and descriptive marks.
Married or single, if a female, was she the
only wife?
7.
8.
(c)
9.
10.
11.
(a)
If any persons suspected, who
and why?
112
(b)
Was deceased insured in any
company?
12.
13.
14.
15.
16.
17.
18.
(a)
(b)
19.
20.
21.
22.
23.
24.
25.
26.
The Government of A.P. made the A.P. Agency Rules under section 6 of the
Scheduled Districts Act, 1974 for the administration of the Agency tracts.
Decree shall include orders passed under rules 39(1) and 43(3) but not orders
under rules 33 and 35.
Agency Divisional Officer means an Officer in-charge of a Revenue Sub-Division,
which is wholly or partly Agency.
According to sub-rule (3) of rule1, the Agent to the State Government (District
Collector) is empowered to appoint any of his subordinates or, with the sanction of
the State Government, any other duly qualified persons as Agency Munsiffs; to
exercise in such places and within such portion of the Agency tracts, the jurisdiction
vested in the District Munsif in the ordinary tracts of the State, subject to the
modifications contained in the rules.
Court fee shall be paid and the valuation of the suit or appeal shall. be in
accordance with the provisions of the Andhra Pradesh Court fees and suits Valuation
Act,1956.
According to rule 5[11], the Agency Munsif have cognizance of suits not
exceeding in value of Rs.500/- but shall not have cognizance of any suit in which
any Zamindar, Bissoyee or any Mansubdar, Muttadar or other feudal or other feudal
hill chief may be concerned. Suits of a value upto Rs.5,000/- shall have to be institued
in the court of the Agency Divisional Officer having jurisdiction.
Suits a value exceeding Rs.5,000/- shall have to be instituted in the court of
Agent to the State Government.
Arbitration :
The Agent to the State Government / Agency Divisional Officer may suomoto
and the Agency Munsif with the written consent of both the parties, refer any suit
pending in their respective courts, to arbitration before a Panchayat of three or five
members whose decision shall be filed in the court in the form of a razinama petition.
The court may accept the decision and pass a decree, or reject it after recording
reasons.
Investigation - Remand of Prisoners:
Sec.57: Person arrested not to be detained for more than 24 hours.
Sec.167: If the investigation cannot be completed within the period of 24
hours and there is positive information about the involvement of the accused in
criminal acts,the Sub Inspector of Police shall further take the prisoner to the nearest
JUDICIAL MAGISTRATE with a copy of case diary for authorising the detention of
the accused for 15 days and if further detention is necessary he may send to the
judicial Magistrate having jurisdiction to try the matter.
The maximum period for detention of the accused under this section is 90
days only.
115
116
CIVIL SUPPLIES
( ANNEXURE G.O.Ms.No. 4, CAF&CS(CSI) DEPT.,DT: 19-02-2011 )
I)
GUIDELINES FOR SELECTION AND APPOINTMENT ETC. OF FAIR PRICE
SHOP DEALERS UNDER ANDHRA PRADESH
STATE PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2008
1. NOTIFICATION OF VACANCIES OF FAIR PRICE SHOPS:1. All vacancies of Fair Price Shops shall be notified through print media on 1st of
every month by the Appointing Authority and invite the applicaations from the candidates for conderation to be appointed as F P shop dealars by issue of authorisation.
The notification shall be affixed on the notice Boards of Revenue Divisional
Officers. Collector Office, Tahsildar concerned and on the notice board of the Gram
Panchayat concerned and also at a conspicuous place in the village in which the
Fair Price Shop is to be located or notified. The appointing authority may also
publicize the notificaion inviting applications by beat of drum in the village concened
or through public announcement system in the village or town. The appointing
authority shall send a copy of each of the notification to the following namely.
(i)
To Sarpanch of the Panchayat in which the fair price shop is to be
located/notified;
(ii)
To all the members of Food Advisory Committee attached to the Mandal
where the FPS is located.
(iii) To the members of the Food Advisory Committee attached to the fair
price shop; and
(iv)
To the Member of Legisiative Assembly and Member of Parliament in
whose constituency the Fair
price shop vacancy is notified and
filled up.
1.2 In the twin cities of Hyderabad and Secunderabad, the notification shall be
displayed in the notice board of the Chief Rationing officers office, Assistant Supply
Officers office having jurisdiction and in the office of the Commissioner of Civil Supplies. Copies of the notification shall be sent to the members of the Food Advisory
Committees at Corporation level and circle level, and also the member of parliament
and Member of Legislative Assembly in whose constituencies the vacancies fall
with the city limits. The notification shall also be sent to the Municipal Circle/Ward
offices in whose jurisdiction the FP shop vacancy is proposed to be filed for display
in their offices.
1.3.
In the notification inviting applications for selection of candidates for fair
price shops, it shall be specifically mentioned whether the fair price shop for which
117
applications have been invited is reserved for Scheduled Castes / Scheduled Tribes
/ Backward classes / Physically Handicapped / Woman, so that the persons eligible alone shall apply. Others who does not come under these categories are not
eligible to attend the written test.
1.4.
The Appointing authority i.e. Revenue Divisional Officer / Sub-Collector /
District supply Officer (City) shall notify all the Fair Price shop vacancies as per
roster. The vacancies reserved for SC,ST,BC,PHC shall be filled by the respective
category candidates only.
Notification for filling up vaancies of the FP Shops shall contain the details
of the FP Shop indicating whether it is reserved for any category like SC,ST,BC,PHC
as shown in the foregoing paras.
2. Written Test, Interview and Selection:The appointing authority shall conduct a written test generally on the existing PDPS and the records to bemaintained by the FP Shop dealer to knwo whether
the applicant is aware of the functioning of the Public Distribution System in the
State and whether he can function effectively in the implementation of the PDS and
other general issues. The written examination shall be for 50 marks. After the test
is conducted, the qualified candidates who score 20 and above out of 50 marks
shall be called for viva voce interview on a date indicated by the A.O. The ratio
between the vacancy proposed to be filled and the candidates to be invited for
interview shall be 1:5. However, if the candidates qualified in the written test is less
than 5, the Appointing Authority may confine the ratio to the exact number of qualified candidates in the written test. If the qualified candidates in the written test are
more than 5, it shall be restricted to 5 only based on the marks from highest in the
descending order. The Appointing Authority shall cause service of letters calling
upon all the eligible applicants for an interview duly indicating the date, time and
venue o interviews. Selection shall be made on the basis of interviews conducted
by the Appointing Authority, purely on merit, to be determined on the basis of the
minimum general educational qualifications of the candidates and other criteria indicated in the foregoing paras and in the Andhra Pradesh Public Distribution System
(control) order 2008. The interview shall be for 50 marks. After the interview is
completed, the list of the candidates qualified based on the written test and the viva
voce shall be prepared and the candidates who secured the highest marks shall be
declared eligible for appointment after due verification of the antecedents and other
process as prescribed in this order.
The appointing authority shall not entertain any favour nor shall yield to any
influence from ppolitical, official and any persons and shall act impartially in the
selection of the candidates. The candidates carrying the recommendations from
any source shall be disqualified for the interview/selection.
3. VERIFICATION OF ANTECEDENTS:The appointing authority shall verify the antecedents of the selected candidates
through the records of their own offices. The appointing Authority shall also get
clearance report from the Tahsildars concerned regarding any punishment or in118
volvement of the selected candidates in any case under various laws or under any of
the ordes issued under the Essential Commodities Act, 1955 or in relation to any
essential commodities, or his/her relationship with any business or ex-dealers or
Government employees, etc.
4. ELIGIBILITY
Keeping in view, the growing unemployment, unemployed persons or from
Registered Rural area groups of Womens voluntary consumer Organisations (which
have only women as members) or Womans thrift groups like Podupu Lakshmi Cooperative societies run exclusively by women shall be eligible for appointment as
fair price shop dealers.
The applicant should be financial sound to lift the allocated essential commodities by the authority and should not leave essential commodities unlifted due
to financial constrains.
5. MINIMUM GENERAL EDUCATIONAL QUALIFICATIONS:5.1. A pass in 10th class shall be the minimum general educational qualification
required for appointment as fair price shop dealers.
(a)
Persons possessing the minimum general educational qualifications
and the persons having higher
qualifications, if applied shall be
treated equally for the purpose of appointment and
(b)
Where no candidate is available with the said minimum general educational qualifications, a candidate possessing a lesser educational qualifications,
which shall not be less then a pass in 7th class, if applies may be considered for
appointment.
6. AGE LIMIT:The minimum age for applying for grant of a F.P. Shop shall complete 18 years of
age maximum age limit of 40 years.
7. RESERVATIONS:7.1.
The following reservation shall be observed while making appointments:
Scheduled Castes
:
15%
Scheduled Tribes
:
6%
Physically Handicapped
:
3%
Backward Classes
:
25%
7.2.
(i) Reservation to women in allotment of F.P. shops shall be fixed at
30%. Out of the said 30%
reservation to women, 1% shall
be reserved to the windows of Ex-Servicemen; and
(ii) The F.P. Shop dealers selected from women quota shall be adjusted
both in the reserved
category and
also in open
category;
7.3.
The appointing authority shall maintain the percentage of reservation prescribed by the Government at divi
sional / circle level on overall basis of the strength of the F.P.Shops in the Revenue Division/circle concerned. Reservations provided shall be followed treating the entire Revenue Division/circle as a
119
unit.
8. RESIDENCE:The candidates shall be a resident of the Gram Panchayat or the Muncipal
limits of the town, as the case may be in which the shops is to be located.
8.(a)
Persons applying for F.P. Shops reserved for Physically Handicapped, shall
be residents of the Mandal Concerned. However on appointment they shall shift the
place of residence to the place, where the F.P. Shop is to be situated in that Mandal.
Preference shall be given to the persons who are in the residents of the concerned
gram Panchayat limits or the concerned Municipal Limits of the town.
9. PREFERENCE AND PRIORITIES:(i) Preference shall be given to the resident of the revenue village or hamlet
in which the
shop is to be located or the ward in a
Municipality where the shop is to be located.
(ii) Preference shall be given to the candidates belonging to families of
freedom fighters, if
they apply; and
(iii) Preference shall be given to DWCRA groups. Thrift groups functioning
under various names
like Podupu lakshmi.
(iv) Preference shall be given to the hawkers/NRs having license under the
APPP (L&Rs)
Rules 1980, for selection and appointment
as F.P. Shop dealer, while filling up the existing
or new
F.P. Shop Vancancy. All Requiste qualifications and guidelines issued by Government
from time to time shall be applicable to those hawkers/
NRs while converting to F.P. Shop
dealer subject
to full filling the conditions if appointment of F.P. Shop dealers by the N.R.
/ Hawkers who are otherwise eligible for appointment.
10. GUIDELINES TO BE OBSERVED IN TRIBAL AREAS:1. Fair Price Shops shall be run through the Daily Requirement Depots of the
Girijan Co-operative Corpo
ration wherever they exist.
2. Where there is no daily requirement Depots, the F.P. Shops shall be entrusted to apart time depots of
the Girijan Co-operative
manned by Tribal Candidates.
3. Where neither Daily Requirement Depts nor part time depots are available,
the project officer, integrated
Tribal Development Agency concerned shall identify suitable tribal beneficiaries and the F.P. Shops
shall be entrusted to such tribal candidates only.
4. The Tribal beneficiaries thus selected by the Project Officer, Integrated Tribal
Development Agency
shall be provided institutional Finance from A.P. Scheduled Tribes Finance Corporation / integrated
Tribal Development Agency / Girijan Co-operative Corporation or through Commercial Banks, in which
case the Project Officer, integrated Tribal
Development Agency shall arrange the necessary margin money.
5. The selection of beneficiaries to run the F.P. Shops shall be done by the
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121
(iv) candidates shall be required to give the Mulgi/shop number or the door
number of the place of business at the time of submission of the application or
before the authorization is issued;
(v) Under no circumstances, should the orders issuing authorizations or the
orders suspending or cancelling the authorization, forfeiture of security deposit of a
F.P.Shop dealer be issued by any officer other than the appointing authority.
(vi) Even temporary arrangements for attaching the cards to nearby FP shop
shall be ordered by the appointing authority concerned and not by the Tahsildar/
Assistant Supply Officer.
(vii) while taking disciplinary action against the F.p.Shop dealers, the appointing authority shall issue speaking orders specifically giving reasons and quoting the relevant rules and provisions under law;
(viii) When the authorization of a F.P.Shop dealer/NR is suspended/cancelled
or where a F.P.shop falls vacant, to ensure uninterrupted supply of essential commodities, the cards of such fair price shop shall be attached to the neighbouring
F.P.Shop/NR of the same village. However, if it is not easible to attach the cars to
the neighbouring FP Shop/NR for want of a shop in the same village or for any other
reasons, the work of such FP shop may be entrusted to any person purely on
temporary basis in order to ensure that there is no hardship to the cardholders in
drawing the essential commodities as per their entirlement, clearly indicating that
such entrustment or distribution on a temporary basis shall not confer any right at
the time of filling up of the vacancy on a regular basis;
(ix) Every candidate appointed as a F.P.Shop dealer shall be required to work
for a minimum period of 5(five) years unless the authorization of the F.P.Shop is
suspended or cancelled by the Competent Authority. Resignations etc., seeking a
relinquish the dealership shall not be accepted within the minimum period of 5(five)
years except under special circumstances to be decided by the Competent authority. Failure to adhere to this condition shall result in forfeiture of the trade deposit
remitted by the dealer.
(x) The candidate shall be financially sound to lift the PDS stocks rquired for
all the cards that are likely to be registered with the F.P.Shop. The required finances may be mobilized through institutional finance or the candidates own finance; and it shall be proved to the satisfaction of the appointing authority.
(xi) The candidate shall not have any adverse antecedents such as criminal
cases or any punishments under the Essential Commodities Act, 1955 or pendency of cases under the Essential Commidities Act, 1955 or cancellation of licenses or punishments or pending charges under the weights and measures law,
marketing laws, labour laws etc or bad conduct on record as a dealer or as an
individual if he had earlier functioned as a F.P.Shop dealer or a retail dealer in essential commodities in the open market.
(xii) The candidate shall possess good health and shall not suffer from any
contagious or infectious disease or from any other disability making the candidate
unfit to run the F.p.Shop himself/herself;
(xiii) The applicant shall personally run the F.P.Shop and not run benami or
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through an agent. However, women F.P.Shop dealers may take the assistance of
their family member(s) whose name or names are to be included in the dealers
supply card. If a women dealer gets married and in the event of her leaving the
village she must relinquish the F.p.Shop dealership;
(xiv) F.P.Shop dealership is not transferable. An undertaking shall be given
by the candidate to the effect that he/she would lose the right to the F.P.Shop
dealership and deposit, if he or she is found to have transferred the F.P.Shop without
any order from the competent authority or tries to transfer the F.P.Shop in somebodys
name.
(xv) The candidate shall not have any connections with any other business
dealing in the same commodities that are being distributed through PDS either
directly or indirectly
(xvi) In respect of individuals in each category the appointing authority shall
take action to ensure institutional finance support from the scheduled castes or
Backward classes financial corporations or Womens Welfare Corporations or Physically Handicapped Corporation or Andhra Pradesh Scheduled Tribues Finance Corporation or through other special Employment schemes.
(xvii) The appointing authority shall verify and ensure that candidates who
have already been benefited under other Government Schemes such as Gramodaya
Pathakam, Khadi and Village Industries Board etc., are not allotted F.P.Shop dealer
ships.
(xviii) Every F.p.Shop dealer shall, before lifting the first quota, on appointment as F.P.Shop dealer shall give an undertaking to the appointing authority agreeing to:a) sell the essential commodities supplied to him for the Public Distribution
on proper weighment and kerosene on proper measurements;
b) Use weights and measures which are properly stamped by the Legal Metrology Department and get them renewed from time to time as required under the
Weights and Measures laws;
c) Sell the allotted essential commodities to the cardholders at the rates
prescribed by the Government.
d) Maintain proper accounts for each month and hand over the sales books of
acounts including bill books after the close of each month to the Tahsildar/Assistant Supply Officer concerned by 3rd of every month, so that they are available for
verification and
e) use only those registers in which all the pages are stamped and the total
number of pages are certified by the concerned Tahsildar/Assistant Supply Officer.
SANJAY JAJU
EX.OFFICIO SECRETARY
TO GOVERNMENT
In view of the huge subsidy being incurred by both Central Government and
State Government on supply of essential commodities, especially on supply of rice
under various schemes, it is absolutely necessary to ensure that the commodities
reach the consumers to whom it is intended. This will be possible only if effective
and frequent checks of the fair price shops are made. Every fair price shop shall be
inspected atleast once in a month by the Revenue / Civil Supplies officials.
M To ensure prompt distribution of essential commodities to the cardholders;
M To cross check the entries made by the dealers in the registers and ensure
that the fair price shop dealer
maintain accounts correctly;
M To keep a watch over the erring fair price shop dealers who are indulging in
malpractice and blackmarketing;
M To attend the complaints promptly, if any, received against fair price shop dealers.
M To check whether the fair price shop dealers have renewed the authorization
promntly in time or not.
M To cross check with the cardholders to know the general functioning of the fair
price shop.
Each and every inspection should cover all items then only it will be purposeful,
result oriented and also educa
tive to the fair price shop dealer in his
functioning.
The following items are to be covered in the inspection by the inspecting officer;
M Verification of authorization;
M Verify the Key Register and entries made therein and allotment made by the
Tahsildar (formerly TAHSILDAR) / Assis
tant Supply Officer and cross
check whether the allotment made is correct as per the member-wise entries made
in the key register or not.
M Cross verification of entires made in the stock register, sales register acquittance register.
M Cross verification of entries made in the registers and coupons received by the
dealer from the cardholders;
M Verification of stock-cum-price list board being displayed by the dealer;
M Verify whether publicity on allotment, lifting and distribution of commodities
has been made during the month;
M Verify whether the dealer is exhibiting sealed samples of commodities at the
fair price shop or not;
M Verify whether the dealer is maintaining complaint box / complaint registor at
the fair price shop and what are
the complaints received and action has
to be taken thereon.
M Verify whether the dealer is keeping the weights and balances duly verified and
stamped by the Legal metrology
Department officials and the verification
certificate.
M Verify whether the dealer is keeping the stocks of essential commodities at the
fair price shop in good condition
and maintaing good quality;
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M Verify whether the dealer is filling demand drafts in time and lifting essential
commodities within the time
stipulated and keeping adequate stocks
at the shop for distribution;
M Verify whether the dealer, if availed bank finance, remitting the loan installments promptly or not;
M Verify whether the coupons that are received by the fair price shop dealer from
the cardholders every month
are being accounted for in the office of
the Tahsildar / Assistant Supply Officer or not;
M Conduct physical verification of stocks available at the fair price shop, compare
the ground balance with book
balance and observe whether there is any
variation or not.
M Verify the commodities being distributed to the cardholders by the dealer at the
time of inspection and physically
weigh them and notice whether the dealer
is giving commodities with correct weighment / measurement and at
the prices fixed by the Government.
M Enquire the cardholders present at the shop about the timings being maintained by the dealer, distribution of
commodities, weighment, prices
being charged etc., and detect whether the dealer is denying supply of com
modities to any cardholder;
M Enquire the other cardholders and public in the village about the functioning of
fair price shop and to receive
complaints, if any, on the functioning and
the behaviour of the dealer. Further the dealer is doing any other
business or job or holding any public life with or without remuneration;
M Enquire the stay of cardholders in the village or any other changes due to
migration, death, transfer, etc., and
record the same and submit to
the Tahsildar / Assistant Supply Officer for effecting necessary changes in the
Key Register and allotment of commodities;
M Check up whether Food Advisory Committee meetings are held regularly on
the stipulated dates or not;
M Check up whether the Route Officer and vehicle driver are recording their signatures in the register or not;
M Enquire with the dealer about any of problems faced by him in running the shop
so as to find solution for the
same for effective functioning of the shop;
M If any variation is found between book balance and ground balance of stocks
beyond permissible limits, then
seize the commodity in question under
the provisions of APPDS Control Order, 2008 and conditions of
Authorisation and file a case under Section 6-A of E.C. Act 1955 before the joint
Collector as well as filing a
report before the appointing authority for
initiating disciplinary action.
Thorough inspection is one important aspect and the other aspect is recording
all the findings of inspection
writing and submitting report to the superior officer.
After through verification of all the above items, record the findings of each item
125
126
CI.16(vii)
19. Drawing scheduled commodities by making false entries / Possession of
HHS cards (Bogus/Ghost cards)
CI.17(a)
20. Fictitious entires - diverting stocks
CI.17(b)
21. Diversion of stocks.
CI.17(c)
22. Interruption / Interference in the process of distribution
CI.17(A)
23. Not furnishing particulars of stocks / dealings
CI.18(b)
24. Appellate authority
CI.20
25. Revisional authority
CI.21
26. Shall not retain HHS cards
CI.22(ii)
27. Denying supply
CI.22 (iii)
28. Scale of issue / prices fixed by the Govt.
CI.22(iv)
29. Display of information
CI.22(v)
30. Prescribed timings
CI.22 (vi)
31. All days shall be opened
CI.22(vii)
32. Correct maintenance of accounts.
CI.22(viii)
(IV). ELIGIBILITY CRITERIA FOR OBTAINING WHITE RATION CARD
Family income shall not be more than Rs. 60,000/- per annum in Rural, Areas & Rs.
75,000/- per annum in Urban Areas.
ANNAPURNA SCHEME:
The Eligibility Criteria of the beneficiaries is as follows:
1.
The age of the applicant (male or female) should be 65 years or above.
2.
The applicant should be a destitute in the sense of having little or no
regular means of subsistence from
his/her own source of income or
through financial support from family members or their sources.
3.
The applicant should not be in receipt of pension under National Old Age
Pension or State Pension Scheme.
ANTYODAYA ANNA YOJANA:Identification of the beneficiaries would be from amongst the following priority groups:i.
Landless agriculture labourers, marginal farmers, rural artisans / craftsmen
such as potters, tanners, weavers,
blacksmiths, carpenters, slum
dwellers, and persons earning their livelihood on daily basis in the informal sec
tor.
ii.
Households headed by widows or terminally ill persons / disabled persons
aged 60 years or more with no
assured means of subsistence or societal support.
iii.
Widows or terminally ill persons or disabled persons or persons aged 60
years or more single women or
single men with no family or societal support or assured means of subsistence.
iv.
All primitive tribal households.
v.
The persons shall be poorest of the poor and those who unable to get
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129
Licensing Appointing /
1. E.C.Act., 1955
(Confiscation)
2. APPP (L&RS)
Order, 1980, (License)
3. APS PDS (control)
Collector
Collector/JC (Sec.6A)
Collector/Jt. Collector
(C1-2(i)
authority
authority
130
All
3000 1500 750
800
300 200
1700 3000 1500
Foodgrains
600
300
200
100
1500 2000 1000
E.Oil Seeds
600
300
200
100
700
1000 500
/oils
2. A.P. Petroleum Products (L&RS) Order, 1980.
S.No.
Item
Licence fee
fee Duplicate licence
a. LPG
500
200
200
b. Auto LPG
500
200
200
c. MS & HSD or any one
1000
500
d. Kerosene wholesale 500
200
200
e. Sub-Wholesaler
250
100
100
f. Regn. Certificate Form-F
5
2
Security Deposit:
a. Kerosene wholesale
Sub-wholesaler
200
b. Other than Kerosene
500
(LPG, Auto LPG, MS & HSD)
c. Deposit for carries (Form-F) 1000
3. The AP State PDS (Control) Order, 2008
1. Issue of authorisation for 2 years
2. Renewal
Rs. 250
3. Duplicate authorization
Rs. 50
Trade Deposit:
F.P. Shops
Rural
N.R.s.
Rural
(X). HEAD OF ACCOUNT
1. Regular
2. Deposits
3. Withdrawal
Urban
Rs. 3000
Urban
Rs. 1000
1000
500
300
100
200
100
200
Renewal fee
200
200
500
100
75
- 10.
200
250
Rs. 500
Rs. 4000
Rs. 1500
Late
Presiding
Officer of FAC
1. District Level
Collector
2. Municipal corporation level
Monthly (3rd Monday)
3. Mandal Level
R.D.O.
(2nd Monday)
4. Village Level
Sarpanch
Monday)
Convenor Frequency
of FAC
CEO,ZP
Bi-Monthly (4th Monday)
CRO/Joint Collector
DSO
TAHSILDAR
Bi-Monthly
Panchayath
Montly
(1st
Secretary
5. Division in Municipal Corporation
ASO/TAHSILDAR
A S O /
TAHSILDAR
Monthly(1st Monday)
6. Municipality
RDO
TAHSILDAR
Montly (2nd
Monday)
7. Ward in Municipality
TAHSILDAR TAHSILDAR
Montly (1st
Monday)
8. F.P. Shop (Urban)
Corporator/Council
Local Rep.ofCVC
Monthly (1st Monday)
(XI). MODEL FORM OF REPORT UNDER SECTION 6-A (1) OF E.C. ACT, 1955.
1. Refs. No. and Section of Law contravened:
2. Date of inspection:
3. Date of 6-A report:
4. Name of the Inspecting Officer:
5. name of the Respondent:
6. Property seized (give item-wise quantity and value):
7. Whether the seized property has been shifted or Kept at the place of seizure and
the address of the person with
whom it is kept for safe custody:
8. Records seized (give details - list):
9. Name of the witnesses (LW) (give addresses in frull):
10. Facts of the case:
IN THE COURT OF THE COLLECTOR, (CS) _________________________ DISTRICT
Sir,
Facts of the case are that on recipt of reliable information on ___________ that Sri/
Ms ____________________ of __________________ Village __________________
Mandal __________________________ District was storing unauthorisedly and are
hoarding food grains/edible oils/edible oil seeds/sugar ______________ and indulging in clandestine business. On receipt of the proceeded to _____________ at
_________________ hrs. on ______________ and secured mediators i.e. Sarvasri
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134
3.
4.
5.
When the owner/patner/licensee Sri. ______________ S/o ____________________
aged __________________ yrs, resident of _________________ was questioned
for storing _________________ kgs. rice / paddy/ wheat/sugar/diesel
________________ without any permission or licence from the Licensing authority
and hoarding of ______________ quintals / liters of _________________ without
obtaining permission or authorisation from the authority concerned and the reasons
for variations in the stock of _____________ quintals, licence/ partner could not give
satisfactory reply and begged pardon (or give the reasons if any given). Thus, it is
clearly established that M/s_______________ Village ________________ mandal
__________________ are indulging in clandestine business in storing unauthorisedly,
hoarding ____________ quintals ______________ contravening the provisions of
law under clause _________ order of the authorisation / licence issued thereunder.
As I have reason to believe that there was contravention, as indicated above, I have
seized the following ground stocks of essential commodities together with Licence,
Stock Register and way Bill Book ____________ (give details of all documents etc.)
S. No.
Commodity
Quantity seized (in Qtls/Kgs/Lts.)
1.
2.
3.
4.
5.
The total value of seized properties worked out to Rs. _________________ the
seized stocks have been handed over to _________________ under stamped receipt for safe custody. During the course of investigation, it is fully established that
the respondent M/s/ Sri _________________________ S/o
_________________________ aged ________________ R/o ________________
is regularly storing ___________________ of _________________ (commodity)
without any permission or licence and hoarding in huge quantities apart from variation in of (Commodity) without any permission or licence and hoarding the stocks of
__________________ contravening the provisions of law, mentioned above. Hence,
it is prayed that action U/S. 6-A(1) of E.C. Act, 1955 may Kindly be initiated, as
deemed fit.
Dated: 31-01-2007
Read the following:
136
3. The Chief Commissioner of Land Administration has also proposed that, each
incoming erstwhile Village Administrative Officer irrespective of whether he is
presently working as a Panchayat Secretary or as a Part-time Assistant will be
given charge of one revenue village, mostly the village in which he is already
working as Panchayat Secretary or Part-time Assistant. They will also be
given additional charge of one or more revenue villages, till more permanent
clustering of villages is done in due course. Transfer of these erstwhile Village
Administrative Officers to other revenue villages will be generally avoided except when absolutely necessary and as when such a contingency arises, the
transfer should be only within the Mandal. Only in rare cases, will transfer be
made outside the Revenue Mandal. No transfer shall be made outside respective Revenue division.
4. The Chief Commissioner of Land Administration has also stated that, the committee consisting of Chief Commissioner of Land Administration, Principal secretary (PR) Department, Principal Secretary (Revenue) met to finalize the job
chart for Revenue functionary at Village Level and furnished the report to Government for approval.
5. The Government after careful examination of the matter have accepted the
proposal of Chief Commissioner of Land Administration. Accordingly, the following orders are issued;
1) 6752 erstwhile Village Administrative Officers working as Panchayat Secretaries and 2800 erstwhile Village Administrative Officers working as Parttime Assistants under the control of Mandal Parishad Development Officers
(MPDOs) in Panchayat Raj & Rural Development Department be transferred
and brought under the control of Tahsildars in Revenue Department with effect
from 08.02.2007. The Collectors shall effect the said transfers after obtaining
their option immediately.
2) The said Revenue functionary be called as "Village Revenue Officer".
3) The Village Revenue Officers shall be paid the same Pay & Allowances as
they
are
being
paid
in
Panchayat Raj & Rural Development Department.
4) The Tahsildars (Mandal Revenue Officers) shall be the Drawing and Disbursing Officer for the post of
Village Revenue Officer.
5) The Job-Chart of Village Revenue Officer is as specified in the Annexure.
The Panchayat Raj & Rural
Development Department shall recast the
job-Chart of Panchayat Secretary working in Panchayat
R a j
Department.
6) The Village Revenue Officer shall be posted to one of the Revenue Villages
in which he is presently
working now as Panchayat Secretary or
as a Part-time Assistant. He shall be kept in-charge of one or
more
revenue villages till permanent clustering of villages is done in due course.
137
Village level under the exclusive administrative control of the Tahsildar (MRO) to
handle the work relating to Land Revenue matters at the Village level. In the
G.O.2nd read above orders were issued creating the post of Village Revenue Officer and the job chart to the Village Revenue Officers is also issued. It was also
ordered to recast the job chart of Panchayat Secretaries working in Panchayat Raj
Department by the PR&RD Department.
2. The Cabinet Sub committee consisting of Minister for Panchayat Raj, Minister
for Revenue and Minister for Home, met on 03.04.2007 have approved the new
job chart of the Panchayat functionary i.e., Panchayat Secretaries of PR&RD
Department as well as the modified job chart of Revenue functionary i.e., Village Revenue Officers.
3. In the G.O. 5th read above, the Panchayat Raj & Rural Development Department have issued revised job chart to the Panchayat Secretaries of PR&RD
Department as per the minutes of the meeting of the Group of Ministers held on
03-04-2007.
4. The Chief Commissioner of Land Administration, Hyderabad in his Letter 7th
read above has requested the Government to issue a notification relating to
allocation of subjects to the Village Revenue Officers as per the minutes of the
meeting of the Group of Ministers held on 03.04.2007.
5. Government after careful examination hereby decided to issue the revised job
chart of the Village Revenue Officers of Revenue Department in modification of
the job chart issued in G.O. 2nd read above, as follows:
General Administrative / Revenue Duties:
i)
ii) Collection of Land Revenue, Cesses, Taxes and other sums pertaining to Revenue department.
iii) Azmoish of crops (100%) inclusive of inspection of survey stones.
iv) Issue of Certificates: The Village Revenue Officers shall issue the following
certificates in their respective
Villages duly following the procedure;
v)
1)
2)
Residence Certificate
3)
Provide intimation regarding fire accidents, floods, cyclone and other accidents
and calamities to the higher officials whenever and wherever they occur and
provide assistance to the Revenue Officials in assessing loss sustained because of natural calamities and in providing relief.
139
vi) Inform the Railway Station Master of any mishap or unusual occurrence of
floods that might need urgent action to prevent mishap.
vii) Preparation of pay bills of Village Servants.
viii) Maintenances of Village Chavadies.
ix) Protection of Government lands, Government tanks, trees and other Government properties and take effective steps to safeguard the interests of Government.
x) Inform promptly to the higher officials in respect of treasure trove and unclaimed
property and escheat
xi) Intimate the Mandal Revenue Officer/Tahsildar of any intended demolition of
ancient buildings and any inscriptions on any such ancient monuments which
would have archaeological, cultural heritage importance.
xii) Preserve and safeguard Government lands and properties from encroachments,
damage or misuse including the lands available to the public, such as, roads,
streets and open spaces in and near their villages.
xiii) Report encroachments, damage or misuse of Government lands and damage
to Government property promptly to the Mandal Revenue Officer/Tahsildar and
take effective follow-up action.
xiv) Provide assistance to the concerned authorities while issuing the proceedings
under the provisions of Revenue Recovery Act by obtaining property details.
xv) Assist the authorities in serving of legal notices and summons.
xvi) Cause beat of tom-tom and adopt other methods for informing people about
events.
xvii)Assist in loan recoveries.
xviii)
Act as "Inspector" under Minimum Wages Act, 1948 as and when notified
140
4.
5.
6.
7.
8.
9.
10.
143
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the Constitution
of India, the Governor of
Andhra Pradesh hereby makes the following rules regulating the recruitment and
conditions of service of Village Revenue Officers for the entire State of Andhra
Pradesh.
1. Short Title :
1. These Rules may be called the Andhra Pradesh Village Revenue Officers Service
Rules.
2. These rules shall extend to the whole of the State of Andhra Pradesh
3. These Rules shall be deemed to have come into force with effect from the 8th
February 2007
2. Constitution: The service shall consist of the posts of Village Revenue Officers
in the Revenue Department.
3. Method of Appointment:
Appointment to the post of Village Revenue Officer shall be made from the
different categories in the following order of priority;I) Persons who were appointed earlier under the Andhra Pradesh Village Officers
(Andhra Area) Service Rules, 1969 and the Andhra Pradesh Village officers
(Telengana Area) Service Rules, 1978 as Village Officers;
II) Persons who were appointed under rule 25of Andhra Pradesh Village
Administrative Officers Service Rules, 1990;
III) Persons who are presently working as part-time Assistants who have the
requisite qualifications and opt to be posted as Village Revenue Officer;
IV) Persons who are presently working as Village Servants and have put in a
minimum service of five years of Village Servants and have the requisite minimum
qualification
Provided that all persons, being appointed either by absorption or through
promotion by transfer must have the minimum educational qualification and must
have not attained the age of 58 years.
Provided further that such persons in the category (I) and (II) above should have
worked as Village Officers/ Village Administrative Officers prior to the introduction
of the Panchayat Secretaries system in 2002 as per the records of the Tahsildars
of their respective Mandals;
V) The above appointments shall be subject to verification of all required documents
i.e, Pay bill register etc, by the concerned District Collector
VI) The remaining posts shall be filled up by direct recruitment subject to prior
approval of the Government. The direct recruitment shall be at district level
through the District Selection Committee meant for Group-IV services
144
VII) The Appellate Authority will be the Chief Commissioner of Land Administration,
Andhdra Pradesh, Hyderabad
4. Qualifications: For all appointments, the minimum educational qualification
shall be Secondary School Certificate (10th Class) Examination
5. Seniority: The seniority of the Village Revenue Officers shall be maintained
from the date of joining as Village Revenue Officer.
6. Other Service conditions: The other service conditions which are not covered
in these rules shall be the same as prescribed in the Andhra Pradesh State &
Subordinate Service Rules, 1996 and also as per the amendments issued from
time to time in the matter.
7. Unit of Appointment: Each District shall be a unit for the purpose of
appointment.
8. Appointing authority: The appointing authority shall be the District Collector
9. Reservation in Appointment: Rule of reservation is applicable in promotions
for SC/ST candidates as per rule 22 of the Andhra Pradesh State & Subordinate
Service Rules, 1996. However, this will not apply to the appointments made
under rule 3 (I) & (II)
10. Disciplinary Authority:
a) The Disciplinary Authority shall be the Collector of the District
b) Disciplinary action on village Revenue Officers shall be taken in accordance
with
the
Andhra
Pradesh
Civil Services (Classification, Control & Appeal) Rules, 1991
c) The Appellate Authority will be the Chief Commissioner of Land
Administration,
Andhra
Pradesh,
Hyderabad
11. Transferring authority : The District Collector shall be the transferring authority
for the post of Village Revenue Officer
12. Training: Every persons appointed to the service shall undergo training as
per the requirements of the duties to be performed by them including field visits
for such duration as prescribed by competent authority from time to time.
13. Probation :
a) Every person appointed by transfer under rule 3 (I) & (II) as Village Revenue
Officer
shall
been
probation for a total period of two (2) years on duty within a continuous
period of three (3) years.
b) Every person appointed by promotion under Rule 3 (iii) & (iv) as Village
Revenue
Officer
shall
be
on
probation for a total period of one (1) year on duty within a continuous
period of two (2) years.
(BY ORDER AND IN THE NAME OF THE GOVERNOR AF ANDHRA PRADESH)
145
I.V.SUBBA RAO
PRINCIPAL SECRETARY TO GOVERNMENT
G.O.Ms.No. 158 Revenue (VA) Dept. Dated. 13-02-2009
The Government have issued amendment to Village Revenue Officers Service Rules, 2008 as follows :
AMENDMENT
In the said rules, after rule-13 the following rule shall be added, namely :
14. (1) The spouse or dependent son / daughter of deceased Village Revenue
Officer (till such time, the person holding the post of Village Revenue Officer will be
in service up to the age of superannuation of 58 years) will be considered for compassionate appointment for the post of Village Revenue Officer provided they possess the qualification of 10th Class pass. The age limits as stipulated in rule 12 of
the Andhra Pradesh State & Subordinate Service Rules, 1996 shall be followed for
these appointments.
(2)
The spouse or dependent son / daughter of deceased Part-time Assistants
(till such time, the person holding the post of Part-time Assistant will be in service
up to the age of superannuation of 62 years) will be considered for compassionate
appointment for the post of Village Revenue Officer provided they possess the qualification of 10th Class pass. The age limits as stipulated in rule 12 of the Andhra
Pradesh State & Subordinate Service Rules, 1996 shall be followed for these appointments.
Provided that the cases shall be considered only in matters of death while
in service;
Provided further that no voluntary retirement cases shall be considered;
Provided also that in so far as the Part-time Assistants are concerned
retirement on medical grounds shall not be considered.
In view of the above amendment being issued to the Andhra Pradesh Village Revenue Officers Service Rules;
Note : The orders issued in G.O.Ms.No. 446, Revenue (VO) Department, dated
24-7-2002 are hereby rescinded and the cases already disposed off under the said
G.O. shall not be re-opened.
G.O.Ms.No. 660 Revenue (VA) Dept. Dated. 6-7-2009
The Government have issued clarification to Village Revenue Officers Service Rules, 2008 as follows :
The Government have decided to accord permission to consider the cases of the
dependents of Part-time Assistants (former Village Administrative Officers) pending
from 01.01.2002 for compassionate appointment of the spouse / dependent children of the deceased Part-time Assistants for their appointment as Village Revenue
Officer in Revenue Department, subject to the condition that the dependents should
have submitted applications seeking compassionate appointments within the stipulated period of one year from the date of death of the deceased Village Administra-
146
tive Officer and must posses the requisite educational qualification, age and subject
to satisfying other conditions of eligibility to Village Administrative Officer post as
per Andhra Pradesh Village Revenue Officers Rules, 2008. It is further ordered that,
the cases already disposed of under G.O.Ms.No. 446, Revenue (VO) Department,
dated 24.7.2002 i.e., where an amount of Rs. 25000/- (Rupees twenty five thousand
only) was paid to the dependents in lieu of compassionate appointments shall not
be re-opened as laid down in the provisions of amendment of Andhra Pradesh Village Revenue Officers Service Rules, 2008 issued in G.O.Ms.No. 158, Revenue
(VA) Department, dated 13.02.2009.
G.O.Ms. No. 2866 Revenue(VA) DEpartment Dt.11-11-2011
The qualification for recruitment of VROs in rule 4 is ammended from SSC(10th
Class) to Intermediate or its equallent examination.
in the village Chavadi or any other Public place, by beat of Tom Tom in the village
and by affixing of a copy on the notice board of Mandal Office.
Rule 9(2) : A person for appointment shall be a native of the Village and
have adequate knowledge of the village concerned. No person shall be eligible for
appointment if he
1. has not completed the age of 18 years
2. is not physically and mentally capable of discharging the duties attached
to the office.
3. has been convicted by a criminal court for any offences involving moral
turpitude.
4. has been dismissed from any post under the Government.
5. has already holding any other permanent post of a village servant unless
he resigns from such posts.
6. has completed the age of 35 years on the date on which the permanent
vacancy has arisen, and
7. has not passed the 7th Standard or its equalent examination.
Rule 9(4) : In making appointment in the village situated within the Scheduled areas, preference shall be given to the members of the Scheduled Tribes.
Rule 9(5) : Out of every 3 vacancies of the posts of the village servants
arising in the Mandal the second vacancy shall be filled in from among the qualified
candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Classes.
Rule 11(2) : The Village Servants shall be treated as part time Govt. Employees and every village servant shall reside in the village under his charge.
Rule (15) : The Village servants shall besides the duties specified in rule
13 and 14 perform such other duties as may be assigned to them from time to time
by the Panchayat Secretary. However, their services shall not be utilized for night
watchman, Attender in offices and for personal work of panchayat Secretary and
other Revenue officials.
Rule(16) : The village servants shall not take part in politics and also not
stand for any elections with out the permission of the MRO.
Rule (17) : The Village servants attending court on summons in their Official capacity shall be deemed to be on duty.
Rule (18) : No criminal prosecution shall be launched for any thing done or
omitted to be done in the discharge of duties without the specific sanction of the
appointing authority.
Rule (19) : Salaries and allowances shall be paid to the Villages Servants,
a fixed monthly honorarium as may from time to time fixed by the Government.
They shall also be paid traveling allowance and daily allowance for such jurnoyes
and such rates as the Government may from time to time specify.
Rule (20) : No villages servant shall be entitled to any emoluments or other
allowances when on leave other than casual leave.
Rule (22) : The emoluments of Village Servants shall be paid from treasury.
The MRO concerned shall maintain service particulars of village basing on the duty
148
certificate given by the concerned Panchayat Secretary. The pay bill shall be prepared separately for each Revenue Village in the Charge of Panchayat Secretary.
Rule (37) : The appointing Authoriy may accept the resignation tendered
by a village servant. The resignation tendered by a village servant while on duty shall
normally take effect from the date of his relief in pursuance of its acceptance by the
appointing authorities. The resignation tendered by a Village servant shall not be
rejected unless charges are pending against the incumbent.
Rule (39) : Gratuity shall be paid at the rate of one months honorarium for
every completed year of service subject to maximum of twenty months honorarium
to a village servant on attaining the age of superannuation or in case of death which
ever is earlier.
Rule (40) : The Group insurance Scheme as may be prescribed by Government shall be extended to village servants under which Rs. 10/- may be deducted
from the monthly honorarium.
Disciplinary Committee
Rule (41): The MRO may suo motu or on a complaint make an enquiry and
fine any village servant for good and sufficient reason within such amount as the
commissioner may by a general or special order specify.
Rule (42) : The MRO or any superior authority may suo motu or on complaint conduct an enquiry and suspend, remove or dismiss any village servant for
misconduct or negligence of duty, incapacity or for not residence in the village or for
conviction in a criminal case which in his opinion disqualify him from holding the
office for any other sufficient cause.
Appeals
Rule (47) : In case temporary appointment of village servants an appeal
lies to the RDO within (30) days from the date of the order (where however such an
order is set aside by the RDO and another person is appointed an appeal shall lie to
the collector by the aggrieved person within (30) days from the date of receipt of the
order of the RDO.
Rule (48) : In case of permanent appointment of village servants an appeal
shall lie to the RDO within (30) days from the date of receipt of the orders of appointment and a second appeal shall lie to the collector within thirty days from the date
of receipt of the order of the RDO.
Rule(49) : Against every order passed by a MRO inflicting any of the penalties of fine, suspension, removal or dismissal from service on village servant or
placing such village servant under suspension pending investigation or enquiry into
the charges against him, an appeal shall lie to the RDO within (30) days from the
date of receipt of the such order.
Rule (50) : Against the orders of the RDO dimissing or removing village
servants either in appellate or original proceedings an appeal shall lie to the Collector with in 30 days from the date of receipt of the such order.
Rule (51) : If the officer before whom an appeal is preferred under these
149
rules the capacity of RDO happens to be the officer who passed the order appealed
against in another capacity, he shall report the fact to the collector.
Rule (52) : No authority which has passed an order under these rules shall
review its own order.
Rule (53) : The memorandum of appeal shall be accompanied by a copy of
the order furnished to the petitioner or by a certified copy of such order.
Rule (54) : When an appeal is admitted under these rules appellate authority shall fix a date for the hearing of the appeal and shall give due notice there of to
the appellant.
Rule (55) : When an appeal is heard exparte the absence of village servant
and decision given against him he may apply to the appellate authority to re-hear
the appeal, if he proves that the notice was not served upon him or that he was
prevented by sufficient cause from attending when the appeal was called on for
hearing.
Rule (56) : The appellate authority may at its discretion stay the execution
of any orders under these rules appealed against pending final disposal of such
appeal.
Rule (57) : The Chief Commissioner of Land Administration or the Special
Commissioner of Land Revenue may at any time either Suo-motu or on an application made to him, call for and examine the record relating to any decision or order
passed or proceedings taken by any authority or officer subordinate to him for the
purpose of satisfying himself as to legality or propriety of such decision or order of
the regularity of such proceedings and pass such order in reference there to as he
thinks fit.
Review :
Rule (61) : The court may either suo-motu or an application made to them
call for and examine the records relating to any decision or order passed by the
Commissioner under these rules not being a decision or order appealed from or
sought to be revised for the purpose of satisfying themselves as to legality, regularity or propriety there of and pass such order in reference there to as they think fit.
No application for review of any such decision or order shall be entitled after
the expiry of 60 days from the date of such decision or order.
Rule (62) : If the appellate or revisional authority under these rules proposed to enhance the penalty imposed on a village servant to one of suspension,
removal or dismissal from service and an enquiry under rule 45 has not already been
held in the case such appellate revisional authority shall subject to the provisions of
the rule held such enquiry or direct such enquiry be held and there after on consideration of the proceedings of such enquiry and after giving the village servant concerned and opportunity of making representation on the penalty proposed pass
such order as it may deem fit.
150
Rule (63) : Where an appeal which was in time on its first presentation is
not admitted on technical grounds or for the correction of an initial error the appellant shall be directed to remedy defects within a specified period which shall ordinarily be thirty days failing which the appeal shall be liable for rejection on the
grounds of limitation.
Rule (64) : An appeal may be admitted by the appellate authority after the
prescribed period if the appellant satisfied the authority that he had sufficient cause
for not filing appeal within such period.
Rule (65) : The provision of AP Civil Services (Conduct) Rules 1964 General rules for State and subordinate services. Fundamental rules and the Pension
code rules shall not apply to the village servants.
Rule (66) : The village servants may take up subsidiary occupation in the
charge village after notifying to the MRO in writing. The MRO may at any time
require a village servant to give up such occupations if he is satisfied that such
occupation is or is likely to be dertimental to his normal duties and the village
servants shall gave up such occupation. The MRO shall not pass an order in this
regard without giving the concerned village servant an opportunity of making his
representation.
G.O.Ms.No. 352 Revenue (VA-I) Dept. Dated. 16-04-2011
The Government have issued orders changing the nomenclature of Village
servants as Village Revenue Assistants.
G.O.Ms.No. 1867 Revenue (VA-I) Dept. Dated. 11-11-2011
The qualification for recruitment of VRAs in rule 9(1) is ammended from 7th Standerd
to SSC(10th Class). In sub rule 5(ii) a provision is made applying rule of reservation
for appointment of VRA
(Annual Register)
VILLAGE ACCOUNT No.5:
COMPASSIONATE APPOINTMENTS
One of the family members ie., spouse/son/un-married daughter/ widowed
daughter (Provided she is the only legal heir to her parents and left without any
property from her husband side) of a Government servant who dies in harness/on or
after 27-10-73 (while in service or on leave or on deputation or on other duty or on
training or under suspension) there being no other earning member in the family, is
eligible for appointment to Government service to the categories of posts whose pay
is equl or less than that of Junior Assistant based on qualifications and other
conditions prescribed, without the medium of Employment Exchange/ District
Selection Committee or A.P.Public Service Commission (G.O.Ms.No.687, G.A.(Ser.A)
Dept.dt.3-10-77). The Legal Heir certificate in favour of widowed daughter should be
obtained from a Revenue Officer not below the rank of R.D.O.
The applications for appointment of such persons may be entertained within
one year from 3-10-77 (item.No.12).
In the case of compassionate appointments to last grade service, relaxation
in the conditions relating to age, stipulated time limit of two years for application in
the case of minor dependents, educational qualifications prescribed for the post
can be made by the Head of the Department.
The appointing authority is authorised to make purely temporary appointment
pending relaxation of age, educational qualifications etc. The regular appointments
are to be made only after the relevant rules are relaxed in favour of the concerned
individual by the concerned Head of the Dept. (G.O.Ms.No.349 G.A.(Ser.A)
Dept.Dt.12-6-1986).
The spouse/child of a full time contingent employee converted in to a regular
Government Servant and dies in harness will also get the benefit under compassionate
grounds.
152
(Govt.Memo.No.834/Ser.A/80-2 Dt.30-7-1980).
Rule of reservation for SCs/STs/BCs. etc. applies, if first vacancy is a reserved
next open competition vacancy.
Persons seeking employment can declare that no other member in the family
is earning. Declarations found to be false at a later date will entail termination of
compassionate besides any legal action.
If the child is a minor or has not attained educational qualification, the
concession can be availed within two years from the date of demise of Government
Servants acquiring the necessary qualifications.
Dependents of deceased Government servants not qualified for appointments
to Government service, but qualified for appointment in various Government
Undertakings. Autonomous Corporation under the concerned Administrative
Department shall be considered for appointment in those institutions (GM.No.380/
Ser.A/82-1 dt. 2-9-1983).
Power to Create Supernumerary Posts:
Compassionate appointment can be made not only in the department where
the employee died, but also in any other Department.
The Collector of the concerned district is the Nodal Authority to allot the
eligible dependents to any department for the issue of appointment orders.
All the District Collectors are empowered to create supernumerory posts not
exceeding five in number in a financial year, when there are no vacancies in anyof
the Government Departments in the concerned districts. (G.O.Ms.427,(Services)
Dept.dt.1-7-1991)
The orders issued in G.O.Ms.No.427 GA(Ser-A)dt.1-7-91 are not applicable
to the scheme of compassionate appointments of the spouse/son/daughter of the
Employee who retires on medical invalidation. (G.M.No./42/Ser-A/6-2-1992)
The Govt. G.O.Ms.No.215 Genl.Admn. (Service-A) Dept. Dt. 8-4-93 have
decided that in normal cases where there are vacancies and the eligible candidates
could be appointed straight away such cases need not be referred to the nodal
authority. The Govt. have issued the following orders.
i)
ii)
iii)
2.
3.
Where the deceased employee does not have any male child but leaves
behind him a married daughter and an unmarried minor daughter, the choice
of selection one of them for appointment under the Social Security Scheme
shall be left to the mother.
If the dependents of the deceased employees are eligible to be considered
for any category of post whose pay is equal or less than that of Jr.Asst.(LDC)
and if they satisfy the qualifications and physical standards prescribed for
such posts, they can be considered for posts such as Police Constables in
Home Department, Excise Constables in Excise Dept.Helper Gr-1 and 11 in
Forest Dept. Leading Fireman/Fireman in Fire Service Dept. Iowest teaching
post in Education Department etc.
4.
5.
6.
7.
Rs.80,000/-
155
INCREMENTS
Increment shall be drawn as matter of course, unless orders with holding
increment are issued before the normal date of increment, (F. R.24)
Service in a post or in a higher post and all leave, except the following, count
for increment.
1.
Periods of suspension treated as not duty.
2.
If suspension is for misconduct services preceding suspension also will not
count for increment.
3.
Periods of E.O.L. taken for reasons other than a) illness on M.C. b) beyond
the control of Govt. Servent and c) for presenting higher scientific or technical
studies. Specific order of the Head of the Department if the period is six
months and less and the Government in other cases are necessary for counting
of periods of E.O.L. for the above three purposes.
4.
Over stayal of leave not regularised.
5.
Break in service due to discharge.
6.
Service in a lower post.
7.
Periods of leave or deputation during which the employee would not have
continued in that post but for leave or deputation (F.R.26)
Increment will be drawn from first of the month except in the following cases.
a.
If the Employee is on leave on the 1st of that month in which it is due it will be
drawn from the date of joining duty after leave.
b.
If the increment is linked with declaration of probation or last date of
examination in which the test is passed.
c.
Increment with held as a penalty will be drawn from the date following the
date of expiry of penalty.
d.
Increment due during pre-services training will be drawn after the completion
156
of the training.
If proceedings declaring satisfactory completion are not issued within one
year from the date of expiry of the period prescribed or extended period of probation,
the probation is deemed to have been satisfactorily completed and increments
sanctioned duly recording the certificate given in rule 5(b) of F.R.24.
The powers of sanction of premature/advance increments under F.R.27 vests with
the Government only except in the cases relating to stepping up of pay of senior
with the pay of the Junior. All employees, who reach the maximum of pay in the
revised pay scales, 1986, are eligible for three annual increments (G.O.Ms.No.288
(F&P) - dated 17-11 -1986).
LEAVE RULES
1.
i)
ii)
The earned leave account of each Govt. employee will be credited in two
instalments, on the first of the January and on the first of July every year as
follows under the simplified procedure.
Sl.No. Status of the Government servant No.of the days to be credited to the
E.L. A/C on
1st January &
1st July of every year
1
2
3
1.
Regular Govt. employees in superior service
15
days per each
instalment
2.
Emergency
(Temporary) Govt. 8
days per each
servants in Superior service
instalment
3.
15
4.
5.
iii)
The maximum limit of EL at the credit of the Government Servant on the date
of Retirement was enhanced from 240 days to 300 (G.O. Ms. No. 232 dt. 169-2005
157
iv)
All regular Class IV employees are also allowed earned leave on par with
Govt. employees in superior service.
v)
All the Regular Employees in superior service and regular employees in Last
Grade service are allowed to accumulate maximum of 300 days of E.L., at
their credit from 16-9-2005.
vi)
vii)
ix)
II.
Maximum leave to
be granted at a time
SUPERIOR SERVICE:
1.
2.
Probationers
3.
II.
120
120
1.
2.
3.
50
158
days under
Rule 22 (b)
4.
Others
30
III.
When a government servant on return from leave has compulsorily to wait for
orders of postings, such period of waiting should be treated as duty. During such
periods he will be entitled to pay according to rule 20 FR.9(13).
Executive Instructions : The Government delegated the powers to the
administrative departments of the Secretariat to issue orders of treating the period
to the extent of 30 days during which such officers have to wait for posting has
compulsory wait, or excess joining time without reference to finance department. If
however the said period exceeds 30 days the concurrence of finance department
should necessarily be obtained.
IV.
Half pay leave admissible to a Govt.servant for each completed year of service
including period spent on duty and on leave with or without allowance is 20 days
Regular Government employees belonging to superior and Last Grade Service
who have not completed the period of probation can be sanctioned half-pay leave
subject to the following conditions:
i)
It can be sanctioned on Medical grounds
ii)
Employees in superior service shall put in 2 years of service in regular capacity
iii)
Last grade employees shall put in one year of service in regular capacity.
V. HALF PAY LEAVE TO TEMPORARY EMPLOYEES :
Temporary employees including emergency employees appointed under Rule
10(a) (1) of the State and Subordinate Service Rules, whose services have not been
regularised are not eligible for Half pay leave.
VI.
COMMUTATION OF HALF PAY LEAVE :
A Government employee in superior / last grade service may commute Half-pay
leave into full pay subject to the following eligibility
1)
Commuted leave during the entire service of a Govt. servant in Superior /
last grade service is limited to 240 days (G.O.Ms.No.186 Finance and
Plg.Dt.23-7-1975)
2)
Twice the amount of leave shall be debited against the Half-pay leave due.
3)
The commuted leave should be sanctioned only on Medical Certificate. The
period sanctioned should not exceed half the number of days of Half-pay
leave at credit when the leave is sanctioned.
VII.
LEAVE NOT-DUE:
Leave not due may be granted to a permanent Govt., Servant in Superior/Last
159
EXTRAORDINARY LEAVE :
STUDY LEAVE :
certain classes of Government servants whose duties expose them to Special risk
or accident or illness [F.R.101 (B)].
XII
MATERNITY LEAVE:
ii) Maternity leave to women Government servant is enhanced from 90 days
to 120 days vide G.O.Ms.No.254 Fin.&PIg. Dt.10-11-95.
XIII. PAYMENT OF LEAVE SALARY IN ADVANCE:
Government servants are eligible for advance of leave salary if the leave exceeds
30 days (G.O.Ms.No.527 Fin[Accounts] Department dt.6-1 -63).
XIV. HALF PAY LEAVE-EMOLUMENTS :
According to the orders in existence, the employees will get House Rent
Allowance and other Allowances in full during the period of half pay leave including
Dearness allowance which was restored vide G.O.(Pl No.21 Fin & Plg (FWPC)
Dept., Dt. 19-1-94.
XV. FULL PAY IN LIEU OF HALF PAY LEAVE :
Employees suffering from Leporsy/TB/Cancer/Mental illness/ Kidney [Renal]
failure Heart disease are entitled to full pay in lieu of half pay leave for a total period
of six months in total service.
[G.O.Ms.No268, fin. & Plg.[Fin. F.R.I] Dept. dt.29-10-91]
XVI RETIREMENT DURING COMMUTED LEAVE:
In case commuted leave is granted, and he subseuently intends to retire or
resign during the said leave period, the commuted leave should be converted into
half pay leave and the difference should be recovered. If retirement is due to ill
health, incapacitating for further service or when he dies before resuming duty, no
recovery is to be made.
XVII.SURRENDER OF EARNED LEAVE:
All regular employees including class IV are eligible to surrender earned leave
of 15 days in each financial year and receive cash value. Temporary and contingent
employees are eligible to surrender 15 days of earned leave after completing 24
months of service in the first instance and thereafter 15 days during alternate financial
year.
Asper Memo No. 12377-A/299/FR-1/2007/ dt. 20-6-2007 the following is the schedule
for remender of leave
Sept. & Oct., 2007
Dated:22-6-2011
E.L. Surrender of Earned Leave - Encashment during the financial
year 2011-2012 onwards-Instructions-Issued.
Ref :
1. Cir.Memo.No. 10472/C199/FR.I/2009, dt.29-4-2009, Finance
(FR.I) Dept.
2. Cir.Memo.No. 15744-C/324/FR.I/2010, dt.15-6-2010, Finance (FR.I) Dept.
In the reference 1st cited, instructions have been issued dispensing with the
fixing of calendar for surrender leave / encashment of E.L. It is also ordered therein
that the instructions contained in Cir. Memo. No. 50798/1063/FR.I/79-1, Fin. (FR.I)
Dept., dt. 22.11.1979 shall also be followed during the financial year 2010-2011 i.e.,
in the case of employees who surrendered E.L. as on 1st January or 1st July in any
year, the number of days of E.L. so surrendered should, in the first instance, be
deducted from the E.L. account and thereafter the advance credit of EL as per
eligibility due for that half year be added as on 1st January/1st July of the respective
year.
In para 4 of the Cir. Memo. 1st cited, it is ordered that:a) The calendar for surrender of Earned Leave is dispensed with w.e.f. 1-42009 and employees are permitted to surrender earned leave at any time not
exceeding 15/30 days within ablock period of one/two financial years w.e.f. 1-42009. All other conditions prevailing before. 1-4-1989 and other amendments issued
on the subject till now will hold good.
b) Government permit the employees who have a balance of more than 285
days of E.L. as on 30th June, 2009 to surrender EL. without waiting for completion of
12 months.
The above instructions shall also continue from the financial year 2011-2012
onwards for encashment of 15 days of E.L. by Government employees provided if
there is 12 months gap for one surrender to another surrender in one financial year,
and 30 days if there is gap of 24 months for two financial years. The gap of 12/24
months shall be worked out from the 1st day of leave surrendered last time to the 1st
day of leave proposed for surrender now.
In respect of the employees who are having 286 days and above of E.L. to
their credit as on 30th June of every year, they are premitted to surrender without
following the gap of 12 months.
The above orders will be applicable for every year i.e., no orders need be
issued every year for encashment of earned leave, until further orders changing the
above policy are issued by the Government.
The Departments of Secretariat/Heads of departments are requested to keep
these instructions in view while sanctioning the surrender of earned leave for purpose
of encashmet from the Financial Year 2011-2012 onwards.
All the Treasury Officers/State audit authorities, Pay and Accounts Office,
Hyderabad and Deputy Financial Advisor, Projects/Directors of Accounts of Major
Sub :
162
Projects are requested to follow these instructions scrupulously while dealing with
the bills for encashment of earned leave from the Financial Year 2011-2012 onwards.
These instructions are available in the internet and can be accessed at the
address http;//aponline.gov.in.
RANJEEV R. ACHARYA
PRINCIPAL SECRETARY TO GOVERNMENT (FP)
XVIII.
iii
Male vasectomy
-do- 2nd Operation
Female-for Tubectomy
Male-for tubectomy of wife
2nd Operation tubectomy
Salpingactomy after medical
termination of pregnancy
Male-for the operation of wife
6 working days
-do
14 days
7 days
14/7 days
14 days
7 days
Incertion of intranterine
1 day
Leave for the 2nd operation is permissible when the Doctor certifices
that the first operation was a failure. Additional special casual leave
beyond above limit can be given, on M.C. on accout of post operation
complications.
v. Rechanalisation [Both]: 21 days or the actual period as per the certificate
163
Eligibility :
The expenditure incured by Government Servant and his family members to
164
travel from headquarters to the Home Town by shortest route within the limits of the
State of A.P. will be reimbursed under these Rules. Family in respect of N.G.0s.
includes dependent parents also. Temporary Government servants who have put in
a continuous service of not less than five years are also eligible for L.T.C. Family
members of a Govt. servant [under suspension] can be permitted to avail L.T.C
[G.M.No.24221A/221 T.A./79-dt.21-5-79].
In G.O.Ms.No.140 Fin. & Plg. (F.W.TA) Department Dated 3-4-96 the
Government have issued orders limiting of LTC only to two dependent children be
implemented from 1-4-96 onwards and any child who will born after 1-4-96 is not
entitled for LTC if such a child is over and above earlier two children.
2) Declaration :
Every Government servant can declare his Home town at any time before he
avails the L.T.C for the first time. The declaration can be changed only once in the
entire service, in exceptional cases.
3)
Availment:
An employee can avil L.T.C. once in the block period of every two years as
follows:
L.T.C. to Home town in the 1st Block period of two calendar years. (ie) 20052006
L.T.C to visit any place in A.P. State in the 2nd Block period during the calendar
years of 2007-2008.
The L.T.C may be availed during any kind of leave including casual leave,
vacation and while in transit on transfer. The period should be sufficient to cover to
and fro journies.
4)
Grant of permission :
Prior permission to avail L.T.C. shall be obtained from the authority competent
to sanction earned leave.
5)
T.A. Advance :
Eligible for an advance of 80% of the estimated expenditure permisible under
the rules.
7)
Claim :
The claims should be preferred within one month of the completion of the
journey duly furnishing date of journey, train number, correct numbers of tickets,
and reservation receipts etc. The claims prefered after one month will be allowed
with 15% cut upto one year. Claims prefered after one year will not be admitted.
165
8)
Entries in S.R:
Upto
Rs.600/1-2-65
Rs.600/- to Rs.1000/Above Rs.1000/-
Rates of subscription
If insured with
if not insured
APGLI/PLI/LIC
3% of pay
4% of pay
6% of pay
9%
w.e.f.
one lakh or five years pay, whichever is less. In ordinary cases, it shall not exceed
one half of such amount of the actual cost of the house including in the cost of the
site or repayment of the loan in that behalf, whichever is less.
Authorisation ot the Accountant General is not necessary for part-final
withdrawal of GPF Advance.
Vll. Conversion of advances into Part-final withdrawal:
Advances drawn for illness, marriage, betrothal and higher education under
GPF rules can be converted into part-final withdrawal at the written request of the
subscriber. The balance of the said advance can be converted after satisfying the
conditions for part-final withdrawal. In the case of part-final withdrawal for meeting
the expenses in connection with illness, the amount should be limited to 6 months
pay or one half of the amount of credit. However, the sanctioning authority may
sanction upto 3/4ths of the balance at credit, in speciai circumstances.
Vll. Sanctioning Authority:
According to Vth schedule of Rule 14 of GPF rules an Advance/ Part Final
withdrawal under normal/special rules may be sanctioned by an Authority who shall
always be not less than two levels above the person to whom the Advance/Part
Final withdrawal is to be sanctioned. The following authorities competent to sanction
Temp./Part Final withdrawls.
CADRE
1.
2.
DRO/Divisional Officer/Special
Dy. Collector.
3.
Tahsildar/MRO/
Dy. Collector
the members, recoverable in not more than 5 years, for 1) Marriages 2) Education of
children and 3) Medical aid for sickness.
GRANTS:
a)
Outright grants can be sanctioned not exceeding Rs.1000/- in any one case
keeping in view the circumstances each case.
b)
The assistance shall be strictly on the basis of merits of each memebr and
the actue distress in which he may find himself and after taking into account
the assistance available to him from other known sources such as Provident
fund, Government Ioan etc.,
The Govt. vide G.O. No. 404 dated 3-7-2001 modified the Accounting procedure
for sanction and recovery of loan and interest to the employees. As per the revised
orders, the District Level Committee / Twin Cities committee may sanction loans
to the employees and the amount shall be drawn and paid as loans by way of Bank
Drafts to the members through the DDOs duly presenting bills in the District Treasury.
The DTO/Dy. PAO shall inform the DDO and the STO concerned, of the details
office individuals to whom loans are sanctioned and also the amount to be recovered
month-wise from the salary bills of the employees. The DDO concerned shall recover
the instalments of the loans or interets as the case may be from the pay bill and
enclose the schedule of recovery to the pay bill submitted to the Treasury. The loan
amount recovered from the employees shall be credited to the following head of
account:
8342
Other Deposit
120
Miscellaneous Deposits
2. Fathers Name
3. Permenant Address :
4. Post Held
B. Grant
9. Purpose
PENSION RULES
i) Retirement on Superannuation:
All Government employees in superior service attaining age of 58 years and
all class IV employees on attaining age of 60 years shall retire form service on
superannuation [Rule 42].
Cir.Memo No. 25806-A/592/F.R.I/2004, Dated 13-10-2004:
(Regulation of age of Superannuation Act, 1984)
The Government have issued instructions that, one who continues in service beyond
superannuation by mistake is not entitled to any payment including Salary etc.
ii) Voluntary Retirement:
Government servant shall have the option to retire from service voluntarily
after putting not less than 20 years of qualifying service by giving at least 3 months
notice in advance to the competent authority. The notice of less than 3 months may
also be accepted by the competent authority subject to approval of Govt. Extra
ordinary leave availed on any ground including on M.C. shall not count as qualifying
service of 20 years [Rule-43]. He shall be eligible for addition of maximum of five
years of service to his qualifying service but shall not count as qualifying service of
20 years [Rule-43]. He shall be eligible for addition of maximum of five years of
service to his qualifying service but shall not be eligible for weightage under [rule
29].
Contingent Service: Contingent employee cannot be allowed to count the
earlier non-qualifying service of full time contingent employee for purpose of voluntary
retirement on the ground that it counts for pension [G.M.No.3016/104 Pen 1/
85-Fin-dated 25-6-85].
171
Govt. in G.O.Ms.No. 87 Fin. & Plg (FW Pen I) Dept. dt. 25.5.98 issued
orders to the effect that
(a)
the last pay drawn shall be treated as emoluments for fixation of pension
under rule 45(2) (b) of APRP Rules 80 - instead of average of 10 months
emoluments as per rule 32 of Revised pension Rules80. Provided officiation
in a promoted post during last 2 months preceding the retirement, is in a
regular vacancy.
(b)
viii) Pension:
The quantum of pension will be 33/66ths of last pay drawn for a service of 33
years or more. when the qualifying service is less than 33 years, the pension
admissible is number of years service devided by 66 [Rule 45]. If the qualifying
service falls short of 33 years, an addition of qualifying service upto a maximum of 5
years is allowed (G.O.Ms.No.100 Dt. 6-4-2010 ). The minimum pension is Rs.1925/
- per month. This has been enhanced to Rs. 3350/- per month in the Revised pay
scales of 2010. vide G.O.No. 100 dt. 6-4-2010 w.e.f. 1-2-2010.
Financial Asst. of Rs. 1500/- per month is enhanced to Rs. 3350/- per month
w.e.f. 1-2-2010.
Additional quantum of pension / Family pension be allowed to those pensioners
/ Family pensioners on attaining the age of 75 years and above as indicaed in the
table here under;
Age of Pensioners
Additional quantum of pension
From 75 years to less than 80 years
15% of basic pension
From 80 years to less than 85 years
20% of basic pension
From 85 years to less than 90 years
25% of basic pension
From 90 years to less than 95 years
30% of basic pension
From 95 years to less than 100 years
35% of basic pension
100 years or more
50% of basic pension
ix) Invalid Pension:
Employee declared by appropriate medical authority as permanently
incapaciated for further service shall be granted invalid pension [Rule 37]. One of the
family members i.e. wife/son/daughter/ adopted son or adopted daughter of an
employee retired on compassionate grounds (Medical invalidation), five years prior
to date of superannuation, is eligible for appointment to Government service, out
side the purview to the A.P.Public Service Commission. If there is no vacancy,
Supernumery post has to be created.
x) Anticipatory Pension: (U/R 51A) and Gratuity
Anticipatory Pension can be sanctioned to the retired employees irrespective
173
of the fact whether the pension papers have been sent to A.G., or not.
As per rule 51 (C) of the AP Revised Pension Rules, 1980, where there is
likely to be delay in releasing the pensionary benifits due to the pensioner, anticipatory
gratuity to the extent of 90% of the amount worked out by the departmental authorities
can be sanctioned. (G.O.Ms.No.186 F&P (FW.I) Dept., Dt.24.05.2010)
No anticipatory pension/gratuity shall be granted if there are any departmental
proceedings pending against the pensioner. (G.O.Ms.No.230 F&P (FW Pen-I) Dept.,
Dt.18.06.1985 and Govt. Cir.Memo.No.18.09.82-A/183/PCP/88-1, dt.23.07.1989.
xi) (a) Family Pension (One year continuous service Not necessary):
The Govt. in their G.O.Ms.No. 215 Fin &PIg. [FW.Pen,1) Dept. dt.20-8-79
have ordered that the condition of one years continuous service stipulated in Sub-rule
(1) (B) of Rule 4 of the A.P. Govt. Servants Family Pension rules 1964 shall not
apply henceforth,for grant of family pension to the family of a Govt. servant governed
by the said rules provided the Govt. servant had been medically examined and
found fit for appointment under the Govt. For this purpose, the appointing authority
must obtain invariably physical fitness certificate even from the temporary appointees
also. These orders were given effect from 20-8-1979.
b) Family pension is admissible @ 30% of the last pay drawn without any
maximum limit. If dies while in service after completion of not less than 7 years
service or after retirement, 50% of the last drawn pay shall be paid from the date of
death for 7 years of till the date on which the Government servant would have attained
65 years, whichever is earlier (Rule 50).
The amount of family pension shall not exceed the amount of service pension.
If the amount of pension is less than the family pension admissible, the amount of
family pension shall be limited to the amount of pension.
The family pension shall be paid to the widow till the date of her death or
remarriage which-ever is earlier.
i)
In the case of a son, until he attains the age of 25 years or started earning
livelihood whichever is earlier.
ii)
In the case of unmarried daughter, until she attains the age of 30 years or
until she gets married or started earning her livelihood whichever is earlier.
iii)
In case of son/daughter who is suffering from any disorder or disability of
mind or is physically crippled or disabled even after obtaining the age, the
family pension shall be payable for life (G.O.Ms.No.315 dt.7.10.2010)
iv)
Unmarried/widowed/divorced daughter, not covered by above i to iii, upto the
date of marriage/remarriage or till the date she starts earning or upto the date
of death which ever is the earliest. (G.O.Ms.No.315 Finance (Pension-I)
dept.,dt.7.10.2010.)
Parents who are wholly dependent on the Government servant when he/she
was alive, provided the deceased employee has left behind neither a widow
nor a child. (G.O.Ms.No.315 dt.7.10.2010)
174
v)
If the claimant is unmarried/widowed/divorced daughter falling under categoryII of family, a self declaration to the effect that she is wholly dependent on the
employee/pension has to be enclosed (G.O.Ms.No.353,dt.4.12.2010)
vi)
If the claimant is a widowed daughter, the death certificate of her husband
together with a certificate from the concerned Tahsildar to the effect that the
person specified in the Death certificate was her husband also have to be
enclosed (G.O.Ms.No.315, dt.4.12.2010)
xii) Anticipatory family Pension:
Amount not exceeding 75% of the family pension shall be paid as anticipatory
family pension. D.A. at the same rate as applicable to pensioners shall be allowed
on the quantum of anticipatory pension sanctioned. [G.O.Ms.No.273
Fin&Plg.(P.W.Pension I) Department dt. 22-9-83].
xiii) Provisional Pension:
The Government servants on whom departmental or judicial proceedings are
pending are entitled for provisional pension not exceeding the maximum pension
admissible on the basis of qualifying service.
xiv) Commutation of Pension:
A pensioner can commute for a lumpsum payment of any portion not exceeding
40% of the pension granted to him. He shall furnish necessary application in the
prescribed form within one year from the date of retirement Commutation is
permissible after one year, on medical certificate. Commutation shall not be allowed
to employees whose pension is Rs.370/- or less per month [G.O.Ms.No.158 F&P
[FW Pen-l] Dept. dt.16-9-99]. The commuted pension will be restored after 15 years,
if the pensioner is alive. There is no upper ceiling limit. (40% of Last Pay Drawn) x
8.371x12=Cummulative.
xv) Gratuity:
On retirement last basic pay drawn + D.A. X No. of years of qualifying service
/ 4 of the last drawn pay for every six monthly periods of service subject to a maximum
of 20 months pay or Rs.8,00,000/- (w.e.f.1-4-2011) whichever is less, will be paid as
gratuity. This is admissible to all Goverment Employees who have completed 5
years qualifying service. If dies while in service after completion of five years service,
the gratuity shall not be less than 16:5 times his emoluments [Rule 46].
If an employee dies in 1st year of service, two times of his emoluments will
be paid as gratuity. If he dies after completion of one year and before 5 years of
service, an amount equal to 6 times of his emoluments shall be paid as gratuity.
The gratuity, of the deceased employee shall be paid to the person nominated by
him and if there is no nomination, it shall be paid to surviving members of family, in
equal shares [Rule 46 and 47].
Funeral Charges :- Funeral ChargesTo the pensioners was enhanced from Rs.
5000/- to 10000/- vide G.O. No. 102 dt. 6-4-2010.
175
xvi) Grant of Family Pension and Gratuity to the second living wife:
All Govt. servants irrespective of the religion shall not marry a second wife
wihout the prior permission of the Govt. as per Rule 25 of APCS (conduct) Rules
1964 and such second wife shall not be eligible for pensionary benefits viz. family
pension and retirement gratuity and pension sanction authorities have to ignore
such widows for purpose of family pension and retirement gratuity and no family
pension and retirement gratuity be divided between the two widows. [Govt.Circuir
Memo No. 11027-B/26/Pen.1/87, Fin.&Plg.(FW Pen.l) Dept. dt.20-8-91].
xvii) Pension to Class IV Employees:
Issue of P.P.O. and G.P.O.s and family P.O. was entrusted to the Dy.Directors
and Audit Officers of Local Fund Audit in [F.O.MsNo.102F&P (Fin.Wing) P.S.C IV]
Dept. dated 5-4-1979 inrespect of all Class IV employees of Govt. Departments.
Issue of authorisatin of commuted value of pensions was also entrusted to the Audit
Officers of L.F. audit [G.O.Ms.No.134-F&P - dated 2-5-1986.
xviii) Payment of Pension through Banks:
Payment of pensionary benefits can be arranged through Nationalised Banks
located any where in India [G.O.(P) No.299 -F&Pdt.22-8-85; G.O.(P) No.37-F&P
dt.18-2-87; G.O.Ms.No.51- F&P (FW-PSC Dept. dt.4-2-89 and G.O.Ms.No.32 - F&P
(FW-PSC) Dept.dt.23-1-89].
xix) Procedure for Processing of Pension Case:
Every Governemnt servant shall submit a formal application for pension [part-1]
to the Head of the Office/Head of the Department at least 18 months in advance of
the date of his actual or anticipated retirement. In cases in which the date of retirement
cannot be foreseen 18 months in advance the application shall be submitted
immediately after the date of retirement Is settled.
xx) Preparation of Pension Papers:
It is the responsibility of the departmental authorities to prepare the pension
papers of an employee due to retire from service. The responsibility of the employee
is restricted only to submission of formal application for pension and submission of
descriptive rolls, list of family members and any other declarations/certificates etc.,
that may be prescribed from time to time.
xxi) Death Relief:- Death relief is enhanced from Rs.5000/- to 10,000/- vide
G.o.Ms.No.102, dt.6.4.2010.
Every head of office shall undertake the work of preparing pension papers in
part-l, 6 months before the date on which a Government servant is due to retire on
superannuation, after verifying the service particulars, dues position etc., during the
Preceeding 12 months. Even in cases, where formal application for pension along
with the discriptive rolls is not received from the retiring Government servant, the
other pension papers will be prepared and finalised by the concerned Head of Office
and forward to the pension sanctioning authority, when he is not himself the authority
176
2.
3.
4.
5.
6.
7.
The family should be paid transport charges ranging from Rs.50/- to 300/- to
send the body of the deceased Govt. employee to his native or other place.
(G.O.Ms.No.1669 -GA (Ser-F) Dept dated 15-9-1985).
The family should be paid obsequies charges of Rs.10000/
(G.O.Ms.No.192 GA (Servises 1) Deportment 24-4-2010
Family pension and DCRG as per pension Rules.
Dearness relief announced from time to time shall be payable to the pensioners
who are employed under the scheme of compassionate appointment
(G.O.Ms.No.89 Fin & Plg dept.25.5.98.
T.A from the last station of deceased employee to the place of settlement
within the State with mileages eligible for the family + 1 (if they desire, they
can draw in advance). [T.A.Rule 106 read with G.O.Ms.No.153, Fin&PIg
Dept.dt.23-6-87] ( ) @ 11% of ( ) who retire as 1.6.98 (GOLP) No. 118 Fin. &
Plg ( ) dt 3.7.98
Encashment of earned leave was enhanced from 240 days to 300 days vide
G.O.Ms. No. 232 dt. 16-9-2005
If an employee dies while under suspension, the period of suspension till the
date of death shall be treated as duty and the family be paid full pay and
178
11.
If the employee is killed by extreamists / Anti social elements while on election
duty during the elections to
HOP/APLA, the deceased employee
family will get Rs. 10 lakhs of exqratia from the Govt. (G.O.Ms.No. 317
GDA ELS) dated 7-7-2006.
12.
Payment of ex-gratia amount of Rs.1.00 lakhs to the lagal heirs of Government
employees who met with accidental deaths while performing their official duties
(G.OMs.No.248 Finance (Admn.II) Dept, Dated 12.10.2007.
SERVICE REGISTERS
Service registers shall be maintained for all Government employees (including
full time contingent employees converted as class IV); showing the events from the
date of appointment to the date of retirement. The following entries shall be recorded
in the service registers, from time to time, by the Head of the office authorised for
the purpose.
1) Qualifications; 2) Date of Birth; 3) Date of first appointment; 4) Regularisation
of service; 5) Declaration of probation; 6) Departmental tests passed/training
underwent or exempted; 7) increments; 8) Options exercised and pay fixations; 9)
Surrender leave/availment; 10) breaks in service; 11) suspension; 12) subsistance
allowances paid; 13) all leaves/ regularisations of leaves except C.L; 14) recovery of
over payment; 15) willful absence treated as dies-non; 16) Promotions/dates of
relief and joining in new posts; 17) transfers/availment of transit/participation in strikes
etc., 18) punishments awarded; 19) Home town declaration/ availment; 20)
Nomination under Group Insurance scheme /G.P.F/ pensionary benefits etc., 21)
179
upto dating of leave account every half year; and 22) deputation and recovery
particulars of leave salary and pension contributions with challan Nos. etc., Service
verification entry, Retirement/Death entry.
Note: The entries recorded in his own service register by the attestation officer are
to be got counter signed by another Gazetted Officer.
NB : In case of a last grade Govt. servant the year of whose birth is known, but not
the date, the 1st of July should be treated as the date of birth. When both the
year and the month of birth are known but not the exact date, 16th of the
month should be treated as the date of birth (Subsidary Rule 6 under
F.R.74[a][iii]).
FORMAT OF APPLICATION:
Application for issue of Community, Nativity and Date of Birth Certificate for
STs shall be in Form-l and in respect of SCs and BCs in Form-ll of the Rules.
NOTICE FOR VERIFICATION AND ENQUIRY BY COMPETENT AUTHORITY:
Notice to the applicant for verification shall be issued in FormIV of the Rules
by the Competent Authority (ie.,) Mandal Revenue Officer/ Revenue Divisional Officer
and Collector as the case may be.
VALIDITY OF CERTIFICATE:
The Community, Nativity and Date of Birth Certificate issued by the Competent
Authority in accordance with the provisions of the Act and Rules, shall be a permanent
one as per Rule 16 of the Rules, 1997.
PROCEDURE FOR VERIFICATION AND ISSUE OF COMMUNITY, NATIVITY AND
DATE OF BIRTH CERTIFICATES BY THE COMPETENT AUTHORITIES:
The Salient points of procedure envisaged in the Rules of verification and
issue of Community, Nativity and Date of Birth Certificate to the applicants are as
follow:
1.
Application for issue of Community, Nativity and Date of Birth Certificate shall
be submitted in the prescribed Form-l/ll to the MRO/RDO (Competent
Authority) as the case may be well in advance (i.e.) six months, as far as
possible particularly for seeking admission to the educational institution or
appointment to a post as per Rule 4(a).
2.
In case of minor. the Parent/Guardian shall submit application form as
mentioned above as per Rule 4(b).
3.
After ensuring that the application is in order, the Competent Authority shall
give the acknowledgement slip appended to Form-l/ll to the applicant as per
Rule 5(a).
4.
Community, Nativity and Date of Birth Certificates shall be issued in Form-III
within 30 days of the receipt of the applications in FormI/ll by the Mandal
Revenue Officer/R.D.O, if he is satisfied with the correctness of the information/
documents/evidence furnished by the applicant as per Rule 5(a).
5.
If the MRO/RDO feels that further enquiries are necessary, he shall conduct
such enquiry after issuing notice in Form-lV to the Parent/ Guardian/Applicant
and examine following persons and records as per Rule 5(b).
a) School Records
b) Birth Registration Certificate, if any.
c) In the case of tribals their Anthropological and ethrological Traits, deity,
rituals, customs, mode of marriage, death ceremonies/method of burial of
dead-bodies etc.,
d) Examination of Parent/Guardian or Applicant in relation to their community.
181
e) The notice in Form-lV should be given clear interval 15 days, from the date
of the receipt of the notice by the Parent/Applicant/Guardian to attend the
enquiry.
f) If the person who received notice fails to respond on the date of enquiry
fixed, the MRO/RDO may reject or confirm the claim of the person based
on the document/evidence available with the MRO/RDO as per Rule 5(d).
g) MRO/RDO should give reasonable opportunity to the Applicant/Parent/
Guardian to produce evidence in support of their claim as per Rule 5(e).
h) A Public notice by beat of drum or any other convenience may have to be
published in the village or locality of the Applicant/Parent/Guardian and
the objections if any received from any person or association may have to
be considered by the MRO/ RDO as per Rule 5(e).
i) The MRO/RDO shall refer the cases of doubtful claims to the Joint Collector
& Chairman of the Scrutiny Committee formed at the District level u/r 8 of
the recommendations of the Committee with regard to the issue of the
Community, Nativity and Date of Birth Certificates as applied for by the
applicants. On receipt of recommendations of the Scrutiny Committee,
the MRO/RDO shall accordingly confirm or reject the claims of the
applicants.
POWERS AND FUNCTIONS OF SCRUTINY COMMITTEE AT DISTRICT LEVEL:
The powers and functions of scrutiny Committee in respect of cases of doubfful
claims are enumerated under Rule 8(d) (1) to (7) and 8(e) of the Rules, 1997. The
cases of fraudulent claims shall be disposed off as per the procedure laid down
under Rule 9(1) to (7) of the Rules, 1997. Complaints are to be dealt with Rule 10 of
the Rules.
As per Rule 19, if the last date for admission to an Educational Institution or
appointment to an officer/post is getting expired, and there is delay in finalising the
enquiry and issuing of Community, Nativity and Date of Birth Certificate by the
MRO/RDO, then the MRO/RDO may have to be informed to the concerned to admit/
appoint the candidate on the basis of declaration given by the Candidate/Parent/
Guardian before the MRO/RDO, while applying in Form-l/ll as per Rule 5 for the
issuance of the Community, Nativity and Date of Birth Certificate. Such admission
or appointment shall only be provisional and valid for three months from the date of
the communication by the MRO/RDO to the concerned and shall cease to be valid
after issuance of the Community, Nativity and Date of Birth Certificate by the MRO/
RDO.
GO.Ms.No.91 Social Welfare (C1) Department, Dated 23-12-2004:
(Cancellation of A,B,C,D, Categorisation in Scheduled Castes)
The A.P. Scheduled Castes (Rationalisation of Reservations) Act, 2000 (Act 20 of
2000) has been enacted to provide Rationalisation of Reservations to Scheduled
Casted in the State of A.P.
In pursuance of the aforesaid Act, the A.P.
Secheduled Castes (Rationalisation of Reservations) Rules, 2002, have been in
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OBC CERTIFICATES:
The Govt. have provided reservation of 27% of the vacancies in Civil Posts
and Services in the Govt. of India to be filled up through direct recruitment for persons
belonging to the Other Backward Classes, subject to the exclusion of the socially
advanced persons/sections known as the Creamy Layer Candidates belonging to
the OBCs recruited on the basis of merit shall not be adjusted against the reservation
quota. Reservation would apply to all vacancies for which recruitment is commenced
from September 8, 1993. Please see detailed instructions laid down in
Govt.Lr.No.36012/22/93 Estt.(SCT) Govt. of India Ministry of personnel, Public
Grievances and pensions Dept., of Personnel & Training, New Delhi dt.8-9-93.
Creamy Layer:
The rule of exclusion of Creamy Layer is applicable to the Son(s) and
Daughter(s) of the persons as mentioned in the Schedule of G.O.Lr.No.36012/22/93
Estt.(SCT) dt.8-9-93.
1. Persons holding Constitutional Positions.
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185
NOTIFICATION
In exercise of the powers conferred by the proviso to article 309 of the Constitution
of India, and in super session of the rules issued in G.O.Ms.No.1279, General
Administration (Rules) Department, dated the 12th October 1981 the Governor of
Andhra Pradesh hereby makes the the following Special Rules for the Andhra Pradesh
Revenue Sub-ordinate Service Rules.
RULES
1. SHORT TITLE :
These Rules may be called the Andhra Pradesh Revenue Sub-Ordinate service
Rules.
2. CONSTITUTION :
This service shall consist of the category of Deputy Tahsildars including Huzur
Head Clerks, Magisterial Head Clerks in the Collectorates, Special Deputy Tahsildars
on Settlement duty, Naib Tahsildars, Superintendent in the office of the Collectors
and Revenue Divisional Offices in the rank of Deputy Tahasildars and Special Deputy
Tahsildars on other special duties.
3. METHOD OF APNOINTMENT AND APPOINTING AUTHORITY :
(a) Subject to other provisions in these rules, the method of appointment shall be :
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I N D E X
Sl.No.
1. Alienation
1
2. Assignment
3
3. Creation of Land Bank-Guidelines for allotment of House Sites to Govt.
Employees
8
4. Homesteads
15
5. The A.P. Assigned Lands (Prohibition of Transfer) Act 1977
16
6. POT ACT No.8 of 2008
22
7. Encroachments/Regularisation
25
8. Inams (A&C in to R)Act 1956
36
9. Estates (Abolition and conversion into Ryotwari) Act 1948
37
10. Correction of Land Classification Error
41
11. Record of Rights
41
12. The A.P. Agrl. Land (Conversion for NA Purpose)
46
13. Revenue Recovery Act
50
14. The A.P. Revenue Summons Act
53
15. Leases
54
16. Land Acquisition Act
56
17. The A.P. Mines Mineral concession Rules 1966
62
18. Land Grabbing (Prohibition) Act 1982
63
19. Land Reforms
64
20. Water Rates
67
21. Remissions
69
22. A.P. Water, Land and Trees Act. & Rules 2002
70
23. Adjustment of Land cess
74
24. Evacuee Property (Repealed)
75
25. Pauper Stamp Duty
75
26. Urban Land Ceilings
76
27. Survey and Land Records
79
28. Different Types of Measures
81
29. A.P. (Andhra Area) Tenancy (Amendment) Act 1974
82
30. Treasure Trove Acts
82
31. Notional Social Assistance Programme (NSAP)
84
1) National old Age Pension Scheme
2) National Family Benefit Scheme
3) National Maternity Benefit Scheme
32. Apathbandhu - Scheme for Below Pvoerty Line
85
33. Natural calamities and Fire Accidents
88
34. Birth and Death Registration & Name change
89
35. Magisterial Functions
96
36. Agency Civil Cases
101
37. Arms Act, 1959 - Arms rules 1962
101
38. Legal Aid to poor
102
39. Civil Supplies
103
189
40.
41.
42.
43.
44.
45.
46.