G.O.Ms.No.343 P.R.(servies-I) Dept. Dated 10-04-1976

Copy of

GOVERNMNT OF ANDHRA PRADESH
ABSTRACT

Rules- rules relating the lease of fishery rights in minor irrigation tanks tanks and other sources wasted Hindi gram panchayat under AP gram panchayat act 1964 confirmed.

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Panchayati Raj (services-I) Department

G.Ms.No. 343.

dated 10th April 1978.

Read the following:-

G.Ms.No. 336 Panchayati Raj (Samithi,I) Department dated 24-6-1977

O R D E R :

In the G.O. read above draft rules relating to leasing fishery rights in minor irrigation tanks, tanks and other sources vested in the gram panchayat have been issued and the same were published at pages 5 to 7 of the rules supplement to the part VII^th of AP gezett dated 8th September 1997. The government revised received to above certain suggestions and objections to the draft rules referred to above and they were examined and modified wherever required. The draft rules as modified or hereby confirmed.

2.   The director of panchayat Raj printing sharma stationery printing commerce stationary and stores purchases is requested to cause publication of the notification Hindi Andhra Pradesh gadget immediately and furnish 650 copies of the gadget notification to the government. In panchayat Raj department for laying them on the table of both houses of the state legislature.

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

T GOPAL RAO,

DEPUTY SECRETARY TO GOVERNMENT

To
The Director of Fisheries Hyderabad.

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NOTIFICATION

In exercise of the powers conferred by clause (b) of subsection (1) of section 65 and subsection (2) of Section 8 read with subsection (1) of section 217 of the Andhra Pradesh Gram Panchayat Act 1964 (A.P. Act 2 of 1964) and is supersession of rules issued in G.O.Ms.No.525,panchayat Raj (Panchayats- IV) Department dated 20th June 1967 and publish at pages 99 to 100 of the rules supplement to part VII of the A. Gzete dated 20th July 1967, the Governor of Andhra Pradesh hereby makes the following rules relating to leaseing of fishery rights in Minor Irrigation tanks,and other sources belonging to vest gram panchayat under the AP gram panchayat act 1964, the draft of the same having been previously published at pages 5 to 7 of the rules supplement to part to VII of the AP Gezete dated 8th September 1977 as required by subsection (3) of section of the said Act.

1. The gram panchayat shall develop fisheries in Minor I,rrigation tanks and tanks or other sources vested in or belonging to it, by purchasing seed from the fisheries department.
   1. Before the fishery rights in the tank are other sources leased out are auctioned by the gram panchayat the executive authority of the gram panchayat shall make an application to the Divisional Panchayath Officer concerned duly furnishing here with the particulars of revenue received on such lease of minor irrigation tanks and tanks are other sources during the past 5 years together with the cost and quantity of the seed charged and other relevant factors to fix and the upset price.
   2. The Divisional Panchayat Officer, shall within five days from the date of receipt of the application referred to in clause (a) above fix and upset price duly considering the revenue of the same to the executive authority and the to the extension officer (panchayats)concerned

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3.

1. 1. The gram panchayat shall release out except sources set apart for washing up clothes by the local washerman, the rights of fishing in Minor Irrigation tanks and other tanks vested in it under Class B of subsection 85 of the AP gram panchayat Act, 1964 (hereafter call the Act) without publication to the fishermen cooperative society of the local area
   2. The gram panchayat shall lease out the rights of fishing in the tanks setup apart for washing of cloths under clause (a) of subsection (1) of section 86 of the Act, to the local rajaka seva sangham without public action auction.
   3. The gram panchayat shall lease out rights of fishing in the tanks lying in the scheduled areas only to the fishermen cooperative societies consisting of scheduled tribe as members, or in the absence of the above to the members of the scheduled tribes only through open auction.
2. The executive authority of the gram panchayat immediately on receipt of the intimation referred to under Class (b) of rule 2 from the Divisional Panchayat Officer, shall send an intimation by registered post acknowledgement due to the fishermen cooperative society concerned or rajaka seva sangam, as the case may be, requesting them to give there acceptance before 15 days from the date of receipt of the intimation, whether the said cooperative society or the rajya seva sangam could take out the lease at the rate fixed by the Divisional Panchayat Officer,
3. The executive authority of the gram panchayat immediately on receipt of the intimation referred to under Class (b) of rule 2 from the divisional panchayat officer, shall see the executive authority on receipt of the acceptance of the fisherman cooperative society or Rajaka seva sangam, shall let out the fishing rights to the said cooperative society or the Rajak seva sangam the case may be immediately and place the matter before the gram panchayat at its next meeting for ratification.
4. The gram panchayat shall lease out weeds and reads in the Minor Irrigation tanks are other tanks vesting in it under section 65 and 85 of the Act, to the local Girijan Societies only and it should adhere to rule 2 rule in fixing the upset price to follow procedure laid down in clauses (b) and (c) of rule 2 and rule 5 of these rules in the leasing the rights. These leases should be permitted to enjoy the lease before exploitation of the fish by the fishermen cooperative society or the rajaka seva sangam.

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4.

   

1. In case of the fishermen cooperative society of the local area or rajaka sangam has not communicated the acceptance with reference to the officer made to it to take out the lease, the Executive Authority shall lease out the right of the fishery rights of the fishing by public auction taking into account the upset price fixed by the Divisional Panchayat Officer.
2. The Executive Authority shall fix suitable date and place of public auction and shall give wide publicity to it by beat of drum and other means of publicity in and round village so that to attract maximum number of bidders. He shall also intimate the same to the extension officer (Panchayats)concernd either by certificate of posting or by registered post so as to reach him not less than 7 days prior to the date of auction marking a copy of the same to Divisional Panchayat Pfficer.
3. The executive authority shall conduct the auction at the appointed time date and place, if the Extension Officer (Panchayat) is present at that place he shall authenticate the sale in the presence of the bidders, if he is satisfied with the highest bid amount. If the Extension Officer (Panchayats) is not present at the place of such auction the Executive Authority shall send the details of the auction to him to authenticate the sale. The Extension Officer (Panchayats) on receipt of such particulars not later than 7 days from the date of receipt shall communicate his approval. If such approval is not received from Extension Officer (Panchayats) within the time limit fixed above, the Executive Authority should lease out the fishing rights to the highest bidder and place the matter before the gram panchayat in its next meeting for ratification.

5.   Fishery rights shall be leased out annually in case of open auction and for periods not exceeding 3 years at a time in all these lease is given to fishermen cooperative societies or rajaka sangram's as the case may be the rentals shall be collected in equal annual installments before permitting the lease of fishery rights rental for that year.

T. GOPAL RAO,

DEPUTY SECRETARY TO GOVERNMENT

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