Tuesday, October 22, 2019

Administrative sanction powers for works in Grampanchayats

The Government of erstwhile Andhrapradesh has issued orders for according administrative sanction for works to be taken up by Grampanchayats in erstwhile State

(G.O.Ms. No. 58, PR & RD (Estt.III) Department, Dt. 06.02.1999)

After careful consideration and in supersession of all earlier orders, Government hereby order that the Major Gram Panchayats shall accord administrative sanction to Civil Works up to Rs.2,00,000/- and Minor Gram Panchayats shall accord administrative sanction up to Rs1,00,000/-For Civil Works costing over and above Rs. 1,00,000/ 2,00,000/- in Minor/ Major Gram Panchayats, but up to Rs.3,00,000/— the administrative sanction shall be issued by the Divisional Panchayat Officer; and that over and above Rs. 3,00,000/- administrative sanction shall be issued only by the District Collector These powers are applicable to all works under all grants. It is also ordered that all the Gram Panchayats should call for the Gram Sabhas, prioritise the works and prepare annual budgets and submit them to the Divisional Panchayat Officers for approval. The Divisional Panchayat Officers are entrusted with the duty of approving annual budget of each Gram Panchayat and also the Civil Works as budget of each Gram Panchayat and also the Civil Works as per Section 77 of the Andhra Pradesh Panchayat Raj Act.

The Gram Panchayats should not take up works over and above the financial viability of respective Gram Panchayats. The Executive Officers and Extension Officer (Panchayats) are ordered that they should frequently inspect the Civil Works and ensure the quality and standard of the works.

This order will come into force with immediate effect.

Friday, August 16, 2019

RULES FOR PROCEEDINGS OF GRAM PANCHAYATS AND COMMITTEES THEREOF

RULES RELATING TO THE PROCEEDINGS OF THE GRAM PANCHAYATS
AND THE COMMITTEES THEREOF

(G.O. Ms. N0.227, P.R., R.D. & Relief (Pts - II) dated. 13.4.1995)

In exercise of the powers conferred by sub-section (1) of section 268 read with subsection (l) of Section 41 and Section 42 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to the proceedings of the Gram Panchayats and the committees thereof:

PART -1

RULES REGARDING PROCEEDINGS OF GRAM PANCHAYATS
AND COMMITTEES THEREOF

1. Every Gram Panchayat shall provide an office in such a place and subject to such conditions as may be specified in Annexure appended to these rules and as may be specified by the Government by a general or special order.

2. Every Gram Panchayat shall meet at least once in every month in its office for the transaction of business upon such days and at such times as it may arrange and also at other times as often as a meeting shall be called by the Sarpanch.

No meeting of the Gram Panchayat shall be held unless notice of the day and time when and the place where the meeting to be held and of the business to be transacted thereat has been given at least three clear days before the day of the meeting.
In cases of urgency, the Sarpanch may convene a meeting on giving shorter notice than that specified in sub-rule (1).

The Sarpanch of a Gram Panchayat shall, on the requisition in writing of not less than one third of the members then on the Gram Panchayat, convene a meeting of the Gram panchayat, provided that requisition specifies the period within which and the purpose for which the meeting is to be held. The requisition shall be delivered at the Office of the Gram Panchayat during Office hours to the Sarpanch, Executive Officer or any other person who may then be incharge of the office, at least ten clear days before the day of the meeting.
If the Sarpanch fails within five days from the delivery of such requisition to call a meeting on any day within the period specified in the requisition for the consideration of the purpose mentioned therein a meeting may be called on any suitable day within the period aforesaid by the members who signed the requisition on giving the notice provided for in sub-rule (1) of rule 3 to the other members of the Gram Panchayat.
No meeting under sub-rule (l) or sub-rule (2) shall bc convened at any place other than the place where the office of the Gram Panchayat is situated.

5. All the meetings of the Gram Panchayat shall be open to the public, provided that presiding member may, in any particular case, direct that the public generally or any particular person shall withdraw.

6. Every question which comes before a Gram Panchayat at any meeting shall be decided by a majority of the members present and voting at the meeting and in case of equality of votes, the presiding member shall have and exercise a second or casting vote. When a resolution is not carried unanimously, the names of the members who vote for and against it be recorded.

7. No business shall be transacted at a meeting of any Gram Panchayat unless there resent at least one third of number of members then on the Gram Panchayat.

8. If within half an hour after the time appointed for a meeting quorum is not present, meeting shall stand adjourned, unless all the members present agree to wait longer.

9. An attendance register shall be maintained in which the presiding member shall obtain the signature of all the members present at the meeting noting time of arrival and departure.

10. No resolution of a Gram Panchayat should be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by resolution of the Gram Panchayat supported by not less than one half of the total strength of members.

11. Minutes of the proceedings at every meeting of a Gram Panchayat shall be drawn n the chief language of the village and entered in a book to be kept for that purpose and shall be signed by the presiding member, and the said minutes shall be read and recorded at the next meeting and at all reasonable times without charge be open at the office of the Gram Panchayat to the inspection of any person who pays any tax under this Act.

12. The executive authority of a Gram Panchayat shall have the custody of the proceedings and records of the Gram Panchayat and of the Committees thereof and may grant copies of any such proceedings or records on payment of such fees as prescribed in Part-III of these rules. Copies shall be certified by the Executive authority, as provided in section 76 of the Indian Evidence Act, 1872 and copies so certified may be used to prove the proceedings and records of the Gram Panchayat or a Committee in the same manner, as the proceedings of a municipal body may under sub-section (5) of Section 78 of the said Act, be used to prove the proceedings of that body.

13. Rules 3, 6, 7, 8, 9 and 10 mutatis mutandis apply to the proceedings of Committee of the Gram Panchayat.

14. The proceedings of every committee appointed by a Gram Panchayat shall be recorded in writing and submitted to the Gram Panchayat.

PART-II
RELATING TO PROCEEDINGS OF GRAM PANCHAYATS
AND COMMITTEES THEREOF.

15. No member shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of the Gram Panchayat, in any matter in which, apart from its general application to the public, he has any direct or indirect pecuniary interest whether by himself or through some other person.

16. The sarpanch may prohibit any member from voting on, or taking part in the discussion of any question in which he believes such member to have such pecuniary interest or he may require such member to absent himself during the discussions.

17. Such member may challenge the decision of the Sarpanch who shall thereupon put the question to the meeting. The decision of the meeting shall be final. The member concerned shall be entitled to vote on the question.

18. If the Sarpanch is believed by any member present at the meeting to have pecuniary interest in any question under discussion and if a motion is carried to that effect, the Sarpanch shall not vote on or take part in such discussion.

19. Rules 15 to 18 shall mutatis mutandis apply to the proceedings of the committee of the Gram Panchayat.

PART- III
GRANT OF COPIES OF PROCEEDINGS OR RECORDS

20. A person requiring copies or extracts from proceedings or records of a Gram Panchayat shall submit an application (giving his full name and address and an accurate description of the proceedings of record as possible) to the executive authority of the Gram Panchayat. When the proceedings or records, copies or the extracts from which are applied for, belong to any year prior to the current calendar year, a search fee according to the scale specified below shall be remitted to the Gram Panchayat as soon as the application has been admitted:

For searching records of any one year for a single Rs. 2-50 document or entry.
For searching the records of every additional year. Rs. 1-25

NOTES:

A separate application need not be presented in respect of each proceeding or record of which a copy or extract is required,
Enclosures or annexures to letters, accounts or other documents form part of the documents to which they pertain shall not be reckoned for purposes of search as separate documents.

21. If the record is not found, the fee paid shall not be refunded but the applicant shall be furnished with a certificate stating that the documents applied for cannot be found.

22.

If the record is found and the executive authority decides to grant copies of or extracts from it, the applicant shall deposit in cash, a fee of twenty- five paise for every 175 words or part thereof.
In the case of Statements or extracts from Registers where figures have to copied. five figures shall be taken as equivalent to one word.
In the case of maps or plans, a reasonable fee shall be fixed by the Executive authority in consultation with the engineering staff in charge of the Gram Panchayat works.

23. The Executive authority shall intimate to the applicant the fees chargeable for the copy of, or extract from the proceedings or record. On receipt of the fee he shall have the copies, extracts or tracings prepared. The copies of or extracts shall then be certified by him as true after scrutiny in office and furnished to the applicant if he appears in person to receive them, or sent by post if the applicant has deposited the necessary postage stamps for the purpose.

24. A receipt signed by the Executive authority or any person empowered by him in this behalf shall be furnished to every person depositing search fees or copying fees.

25. If the Executive authority considers the grant of the copy of or extracts from any proceedings or record of confidential nature, he shall reject the application by an endorsement stating briefly the reasons for doing so.

26. Rules 24, 25, 26, 27, 28 and 29 shall mutatis mutandis apply to the proceedings of a committee of a Gram Panchayat.

27. The proceedings of every committee appointed by a Gram Panchayat shall be recorded in writing and submitted to the Gram Panchayat.

ANNEXURE

Every Gram Panchayat shall provide a building for location of its office by constructing one by itself or by taking one on rent or free of rent and its office shall be located therein.
The building referred to above shall be:
1. as far as possible in the centre of the main village.
2. a place accessible to all the members of the Gram Panchayat and to all castes and communities.
The office of the Gram Panchayat once located in a building not owned by the Gram Panchayat shall not be shifted to any other building, except upon a specific resolution passed by the gram panchayat for the purpose supported by not less than three fourths of the sanctioned strength and with the previous approval of the District Collector.
No building belonging to the Sarpanch, Upa-Sarpanch or Members or their relations shall be used for the office of the Gram Panchayat without the previous approval of the District Collector concerned.

EXPLANATION: In the determination of the three fourths of the sanctioned strength of the Gram Panchayats under this rule, any fraction arrived at shall be ignored.

NOTE: The District Collector may, at his discretion in deserving cases, relax any of the conditions stipulated above.

DECISIONS

Resolutions passed or decisions taken by Gram Sabha or Gram Panchayat should be in conformity with rules: Gram Sabha or Gram Panchayat does not have absolute powers while passing resolutions or taking decisions, The resolutions passed or decisions taken by those bodies must be in conformity with rules. The resolution passed by the Gram Panchayat to construct the office building at the Diguvakamma Kandrika is not in accordance with G.O.Ms.No. 227 Dt. 13-04-1995. Therefore, the direction of the District Collector that the Gram Panchayat office building should be constructed at Eguvakamma vari Kandrika, which is the central place of the village, as per the provisions contained in G.O.No. 227 cannot be faulted. Eguvakamma vari kandrika Gram Panchayat v. District Collector, Chittoor and others. 2004 (1) ALD (NOC) 30.

Collector has no power to interfere with resolutions pass by PRIs: There cannot be any doubt whatsoever that Government man, eithere suo motu or on a reference made to it by the executive authority, is entitled to cancel any resolution p;assed by Grampanchayat on the grounds in Section.246. Under sub-section(3) the Collector can make a report to the Government to suspend the resolution. in the instance case, the Government did not exercise any such power but the District Collector interfered with the resolujtion passed by the Grampanchayat. In our consdiered opinion, the Collector could not have intered with resolution passed by the Grampanchayat. Eguvakamma Kanddrika Grampanchayat/v.Collector, Chittoor.2004(2)ALT317(DB).

Wednesday, August 7, 2019

RULES RELATING TO THE HOLDING OF MEETINGS OF THE GRAM SABHA.

( Panchayat Raj &smp; Rural Development (Pts-I) Department,

G.O.Ms.No.162.

Dt. 04-04-1997

As amended by:

1. G.O.Ms.No. 367, P.R & R.D (Pts-I) Dt. 28.08.1998

In exercise of the powers conferred by sub-sections (1 ) , (3) and (4) of section 6 read with clause (xxvi) of sub-section (2) of Section 268 of the Andhra Pradesh, Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Government of Andhra Pradesh hereby makes the following rules relating to the holding of meetings of the Gram Sabha.

RULES:

¹[1. "Two common dates namely, the 14th April and 3rd October in a year shall be fixed for the conduct of Gram Sabha meetings. The Divisional Panchayat Officer shall prepare a common list of Officers by consulting the Mandal Parishad Development Officers and Mandal Revenue Officers in his jurisdiction and allot such Officers in his jurisdiction and allot such Officers available in the Division to attend the Gram Sabha in all Gram Panchayats. This action of the Divisional Panchayat Officer i.e., allotment of Officers should be over by the 7th of April and 25th of September in the year"]

2. The meeting shall be held at such place, within the limits of the Gram Panchayat as considered convenient and sufficient to accommodate the members of the Gram Sabha. The meetings of the Gram Sabha may be held in rotation in each of the constituent villages of the Gram Panchayats.

3. The meeting may be held at any time during the day between sunrise and sunset.

No meeting shall be held unless notice of the place where and of the day and time when, the meeting is to be held and of the business to be transacted thereat has been given at least two clear days before the day of the meeting.
The notice referred to in sub-rule (1) shall be given:-
1. by beat of drum in the village;
2. by affixing the notice at three conspicuous places in the village;
3. by affixing the notice on the notice board of the gram panchayat office.

The Sarpanch shall, on a requisition in writing from not less than 50 or 10% of the members of the Gram Sabha, whichever is higher, convene a meeting of the Gram Sabha provided the requisition specifies the day, when, and the purpose for which the meeting is to be held. The requisition shall be delivered at the office of the Gram Panchayat during office hours to the Sarpanch or the Executive Officer or any other person, who may be then incharge of the office, at least five days before the day of the proposed meeting.
If the Sarpanch fails to call a meeting on the day specified therein, the meeting may be called by the members who signed the requisition on giving the notice provided for in rule 4.

6. All questions which may come up before such meeting shall be decided by ascertaining the consensus of the opinion of the members of the Gram Sabha present at the meeting through the speeches delivered by the members of the Gram Sabha. At the end of meeting the presiding member shall read the proceedings of the Gram Sabha and get the approval of the members. The members shall raise their hands in token of their approval.

7. The meeting of the Gram Sabha may be adjourned if the members present thereat agree to it.

8. The presiding member may, at the meeting of the Gram Sabha answer qUestions put by the members relating to the matters placed before the Gram Sabha.

9. An attendance register shall be maintained in which the presiding member shall obtain the signatures or thumb impressions, as the case may be, of all the members present at the meeting of Gram Sabha.

10. The proceedings of a meeting shall be in the principal language of the village,

11. Minutes of the proceedings of every meeting shall be drawn up and entered in a book to be kept for the purpose and shall be signed by the presiding member of the meeting. The suggestions, if any, of the meeting shall be reported by the presiding member to the Gram Panchayat at its next meeting for its due consideration.

12. In addition to the matter as listed under clauses (i), (ii), (iii), (iv), (v) of sub-section(3) of Section 6, of the Panchayat Raj Act, 1994 the following matter shall be placed before the Gram Sabha under clauses (vi) of the above said provisos for its consideration, namely the village agricultural production plans ;

the work of village volunteer force;
the work of Defence Labour Banks ;
the utilization of land funds ;
the work of Co-operatives ;
the list of the location of the common lands in villages i.e. porambokes vesting in and other relevant particulars ;
the list of transfers of ownership of houses and other immovable properties;
a copy of the approved budget estimates of the Gram Panchayat;
a copy of the audit report on the accounts of the Gram Panchayat; and
a list of defaulters, who are in arrears of payment of taxes and fees due to Gram Panchayat.

13.

The executive authority shall maintain two bound registers one for writing meeting notice-cum-agenda and minutes and another for Attendance of the members at meeting.
Besides giving advance notice about the meeting and its agenda, the agenda copy shall also be distributed to all the members present in the meeting before the start of the meeting.
The village administrative officer may also be directed to attend the Gram Sabha meeting"]

Monday, June 24, 2019

Resignation of Elected Representatives of Panchayat Raj

RULES RELATING TO RESIGNATION OF SARPANCH, UPA-SARPANCH, AND MEMBER OF GRAM PANCHAYAT, PRESIDENT, VICE-PRESIDENT, OR MEMBER OR COOPTED MEMBER OF MANDAL PARISHAD AND CHAIRMAN, VICE-CHAIRMAN OR MEMBER OR COOPTED MEMBER OF ZILLA PARISHAD
(G.O.Ms. N0.217, P.R, R.D & Relief Dept (Mandals II) Dated 31-3-1995).

In exercise of the powers conferred by sub-section (1) of section 268 read with sub-section (1) of section 23 and sections 157 and 185 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to resignation Of Sarpanch, Upa-Sarpanch, or member of Gram Panchayat; President, Vice-president and an elected member, or co-opted member of Mandal Parishad and Chairman, Vice-Chairman, and an elected member or co-opted member of Zilla Parishad.

RULES
PART-I

(1) Resignation of Members, Upa-Sarpanch or Sarpanch of Gram Panchayats:Any member or the Upa-Sarpanch may resign his office by giving a notice in writing:

in a case where the Gram Panchayat is within the jurisdiction of a Mandal Parishad to the Mandal Parishad Development Officer of that Mandal Parishad, and
in other case. to the Divisional Panchayat Officer having jurisdiction over the Grampanchayats.

Except in a case where the person resigning delivers the notice of resignation personally to the Mandal Parishad Development Officer, or to the Divisional Panchayat, as the case may be, said officer shall, on receipt of such notice, obtain confirmation from the person concerned as to its genuineness. The resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice, was received by the said officer.

(2) The Sarpanch may resign his office by giving a notice in writing to Grampanchayat. such resignation shall take affect from the date on which it is placed before a meeting of the Gram Panchayat:

Provided that if, in the opinion of the Sarpanch a meeting of the Cram Panchayat cannot be convened immediately for the purpose, he may resign his office by giving such notice to the District Panchayat Officer, and on receipt thereof the District Panchayat Officer shall, except where it is delivered to him by the Sarpanch personally obtain its confirmation from the Sarpanch as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice, was received by the District Panchayat Officer.

PART – II

Resignation of President, Vice President, an elected Member or cc-opted Member of Mandal Parishad: The President, Vice-President or a member or co-opted Member specified in sub-section (1) of section 149 may resign his office as such President, Vice-President or elected member or co-opted Member of Mandal Parishad by giving notice in writing to the Chief Executive Officer, Zilla Parishad. Except in a case where the person resigning delivers the notice of resignation personally to the Chief Executive Officer, Zilla Parishad, Chief Executive Officer shall on receipt of a notice of resignation, obtain confirmation from the person concerned so to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

PART-III

Resignation of Chairman, Vice-chairman, - an elected Member or Co-opted Member : The Chairman, Vice-chairman, an elected member or co-opted member specified in sub-section (3) of section may resign his office as such Chairman, Vice-chairman or elected member by giving notice in writing to the District Collector. Except in a case where the person resigning delivers the notice of resignation personally to the District Collector, the District Collector shall, on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

Executive Instructions

Govt. Memo. No. 2113/Pts. 111/71.2, dated 16-9-71:-Section 23 (2) has automatic force of validity, subject to confirmation for purposes of genuineness. The genuineness once confirmed, the Sarpanch can not legally withdraw his resignation

Govt. Memo. No. 2637/Pts. 111/71-1, dated 13-10-71 :- The resignation tendered by a Sarpanch to the District Panchayat Officer takes effect from the date of its receipt by the latter, though he obtains confirmation regarding its genuiness at a later date. Thus, there is no scope to withdraw a bonafide resignation sent to the District Panchayat Officer either personally or otherwise. But the position in regard to the resignation sent to the Gram Panchayat is different, because it takes effect from the date on which it is placed before the Gram Panchayat. The Sarpanch, if he so chooses, can withdraw his resignation before it is placed before the Gram Panchayat.

Govt. Memo. No. 852/Pts. 11/75, dated 12-5-75 : There is no provision in the A.P.G.P. Act, 1964 or the Rules issued thereunder enabling the Government to set aside the election at which a person in respect of whom a notification was issued under section 23 (3) (a) is elected, except by way of an election petition filed under Rule 51 (1) of the Election Rules within the time prescribed.

Case Law: A Sarpanch has to submit his resignation to the specified authority and not to the District Collector, 1989 (3) AIT 46 (NRC).

Friday, March 22, 2019

A.P. Biodiversity Rules in telugu

కేంద్ర ప్రభుత్వము దేశ ప్రజల సఖమయ జీవన మనుగడకు మరియు పర్యావణ సంరక్షణకు, కేంద్ర పర్యావరణ చట్టము తీసుకువచ్చింది దానికి అనుగుణంగా రాష్ఠ్ర ప్రభుత్వము నియమాలు జారీ చేసింది.దాని వివరాలను వీక్షకులు తెలుసుకోవాలనే ఉద్దేశముతో అట్టి నియమాలను క్రింద ఇవ్వబడినివి

Biological Diversity Act, 2002

A.P. Biodiversity Rules

Monday, March 4, 2019

శివరాత్రి పూజావిధానం.

ఒకసారి పార్వతీదేవి పరమశివుని దగ్గర శివరాత్రి గురించి ఆడుగుతుంది. అప్పుడు శివుడు శివరాత్రి ఉత్సవం తనకెంతో ఇష్టమనీ, ఇంకేమి చేయకుండా ఆ రోజు ఒక్క ఉపవాసమున్నాసరే తనెంతో సంతోషిస్తానని చెబుతాడు. ఆయన చెప్పిన దాని ప్రకారం, ఆ రోజు పగలంతా నియమనిష్ఠలతో ఉపవాసంతో గడిపి, రాత్రి నాలుగు జాముల్లోనూ శివలింగాన్ని మొదట పాలతో, తర్వాత పెరుగుతో, ఆ తర్వాత నేతితో, ఆ తర్వాత తేనెతో అభిషేకిస్తే శివునికి ప్రీతి కలుగుతుంది. మరునాడు బ్రహ్మవిదులకు భోజనం పెట్టి తాను భుజించి శివరాత్రి వ్రత సమాప్తి చేయాలి. దీనిని మించిన వ్రతం మరొకటి లేదంటాడు పరమశివుడు.

మామూలుగానైతే ఏ మాసమైనా కృష్ణపక్ష చతుర్దశిని శివరాత్రిగా భావిస్తారు. కానీ, మాఘ మాసపు చతుర్దశికి ప్రత్యేకమైన మహత్తు ఉంటుంది. అందుకే శివరాత్రిని ఆ రోజున బ్రహ్మాండంగా చేసుకుంటారు. మహాశివుడంటే అందరికి తెలుసు. కాని, రాత్రి అంటే ప్రత్యేకార్థము చాల మందికి తెలియదు. “రా” అన్నది దానార్థక ధాతు నుండి “రాత్రి” అయిందంటారు. సుఖాన్ని ప్రదానం చేసేదాన్నే రాత్రి అంటారు. ఋగ్వేద – రాత్రి సూక్తం తాలూకు యూప మంత్రంలో రాత్రిని ప్రశంసిస్తూ యిలా చెప్పబడింది – హే రాత్రే! అక్లిష్టమైన తమస్సు మా దగ్గరికి రాకుండుగాక!… వగైరా –

‘ఉప మాపేపిశత్తమః కృష్ణం వ్యవక్తమస్థిత్!

ఉష ఋణేవ యాతయ||’

నిజంగానే రాత్రి ఆనందదాయిని అన్నింటికి ఆశ్రయం ఇవ్వగలది. అందుకే రాత్రిని ప్రశంసించటం జరిగింది. Pమహా శివరాత్రి వ్రతాన్ని రాత్రిపూటే జరుపుకుంటారు. అందువల్ల కృష్ణపక్ష చతుర్దశి రోజు వచ్చిన రాత్రికి ఓ ప్రత్యేకత వుంది. చతుర్దశి రోజు ఎవరైతే శివపూజను చేస్తారో, ఆ రాత్రి జాగర్ణం వహిస్తారో వారికి మళ్ళీ తల్లి పాలు తాగే అవసరం రాదు. అంటె ఆ భక్తుడు జీవన్ముక్తుడౌతాడని స్కందపురాణంలో స్పష్టంగా చెప్పబడింది. అంతటి మహిమాన్వితమైనది శివపూజ.

‘శివంతు పూజయత్వా యోజా గర్తిచ చతుర్దిశీం!

మాతుః పయోధర రసం నపిబేత్ స కదాచన!!’

అందుకేనేమో గరుడ, స్కంద, పద్మ అగ్ని మొదలైన పురాణాల్లో దీనిని ప్రశంసించడం జరిగింది. వర్ణనలలో కొంత తేడా వుండొచ్చు. ప్రముఖ విషయం ఒకటే. ఏ వ్యక్తి అయితే ఆ రోజు ఉపవాసంచేసి, బిల్వ పత్రాలతో శివపూజ చేస్తారో, రాత్రి జాగరణ చేస్తారో వారిని శివుడు నరకాన్నుండి రక్షిస్తాడు. ఆనందాన్ని, మోక్షాన్ని ప్రసాదిస్తాడు. వ్రతం చేసే వ్యక్తి శివమయంలో లీనమైపోతాడు. దానము, తపము, యజ్ఞము, తీర్థయాత్రలు, వ్రతాలు లాంటివెన్ని కలిపినా మహాశివరాత్రికి సరితూగలేవు.

మహాశివరాత్రి రోజు ఉపవాసము, జాగరణ శివపూజ ప్రధానమైంది. అసలు వీటికి తాత్విక అర్థాలెన్నో ఉన్నాయి. అసలు వ్రతం గురించి భిన్న భిన్న గ్రంథాల్లో భిన్నార్థలు గోచరిస్తున్నాయి. వైదిక సాహిత్యంలో దీని అర్థం – వేద బోధితమని, ఇష్ట ప్రాపకర్మ అని వుంది. దార్శనిక గ్రంథాల్లో ‘అభ్యుదయ ‘ మని, ‘ నిః శ్రేయస్సు ‘ కర్మ అని, అమరకోశంలో వ్రతమంటే నియమమని వుంటే పురాణాల్లొ మాత్రం ధర్మానికి పర్యాయవాచిగా ఉపయోగించబడింది. అన్నింటిని కలుపుకుంటే – వేదబోధిత అగ్నిహోత్రాది కర్మ, శాస్త్ర విహిత నియమాది, సాధారణ లేక అసాధారణ ధర్మమే వ్రతమని చెప్పవచ్చు. సులభంగా చెప్పుకోవాలంటే కర్మ ద్వారా ఇష్ట దేవుడి సామీప్యాన్ని పొందటమే అని అనవచ్చు.

మహాశివరాత్రి వ్రతం రోజు ఉపవాసానికి చాలా ప్రాముఖ్యత నిచ్చారు. అలా అని ‘ తిథితత్వం ‘ లో చెప్పబడింది. ఈ గ్రంథంలో భగవాన్ శంకరుడు ఇలా అన్నట్లు వుంది. – ‘ మీరు స్నానం చేసినా, మంచి వస్త్రాలు ధరించినా, ధూపాలు వెలిగించినా, పూజ చేసినా పుష్పాలంకరణ చేసినా వీటన్నిటికంటే కూడా ఎవరైతే ఉపవాసం చేయగలరో వారంటేనే నాకిష్టం ‘ అంటాడు శివుడు.

మరి ఉపవాసం అంటే ఏమిటి?

దగ్గర వసించటం, నివశించటం, ఉండటాన్ని ఉపవాసమంటారు. వ్రతం చేసేవారి ఇష్టదైవం దగ్గర ఉండటమే ఉపవాసం – ఉపవాసమంటే ఇంతేనా అని పెదవి విరిచే వారికోసమే ఈ శ్లోకం.

‘ఉప – సమీపే యో వాసః జీవాత్మ పరమాత్మనోః

ఉపవాసః సవిఘ్నేయ సర్వభోగ వసర్జిత్: ||’ (వరాహోపనిషత్తు)

భవిష్య పురాణంలో కూడా అలాగే చెప్పబడింది.

‘ఉపావృత్తస్య పాపేభ్యోయస్సు వాసో గుణైః సహా!

ఉపవాసః స విఘ్నేయ సర్వభోగ వివర్జిత్: ||’

మహాశివరాత్రి వ్రతంలో జాగరణ అవసరము. వ్రతానికి యోగ్యమైన కాలము రాత్రి. ఎందుకంటే రాత్రిపూట భూత, శక్తులు, శివుడు తిరిగే సమయమన్నమాట. చతుర్దశి రాత్రి ఆయనను పూజించాలి. భగవాన్ శ్రీకృష్ణుడు గీతలో ఇలా స్పష్టంగా చెప్పడు. ‘సమస్త ప్రాణుల నిగ్రహ పురుషుడు రాత్రి కాలంలో మేల్కొని తిరుగుతుంటాడు. అతనిలోని ప్రాణులన్నీ జాగృతంగా ఉంటాయి. అంటే భోగ, సంగ్రహంలో మునిగి ఉంటారు. తత్వాన్ని అర్థం చేసుకోగల మునులు దృష్టిలో రాత్రి అది.

‘యానిశా సర్వ భూతానం తస్యాం జాగర్తి సమ్యమీ

యస్యాం జాగృతి భూతాని సానిశాపశ్యతో మునే ‘

విషయాసక్తుడు నిద్రళొ వుంటే అనుద్లో నిగ్రహస్తుడు ప్రబుద్ధంగా ఉన్నడు. అందువల్ల శివరాత్రి రోజు జాగరన ముఖ్యమన్నమాట. శివునితో ఏకీకరణమవటమే నిజమైన శివ – పూజ. ఇంద్రియాభిరుచుల్ని నిరోధించి పూజించటమే శివవ్రతము.

శివరాత్రి ఎలా చేసుకోవాలంటే – గరుడ పురాణంలో ఇలా వుంది – త్రయోదశి రోజునే శివ – సన్మానము గ్రహించి, వ్రతులు కొన్ని ప్రతిబంధకాల్ని గమనించాలి. అంటే కొన్ని నియమాల్ని మనసులో నిర్ధారించుకుని పాటించాలి. మీ ప్రకటన ఇలా ఉండాలి – ‘హే మహాదేవా! నేను చతుర్దశి రోజు జాగరణ చేస్తాను. నా భక్తి సామర్ధ్యాన్ని బట్టి దాన, తప, హోమాన్ని చేయగలను. నేను ఆ రోజు నిరాహారిగా ఉంటాను. రెండవరోజు మాత్రమే తింటాను. ఆనంద, మోక్షాలను అనుగ్రహించు శివా!”

వ్రతం చేశాక గురువు దగ్గరికి వెళ్ళాలి. పంచామృతంతో పాటు పంచగవ్యాలును (ఆంటే అయిదు విధములైన గో సంబంధిత దాతువులు – ఆవు పేడ – ఆవు పంచితము, ఆవుపాలు, ఆవు పెరుగు, ఆవునెయ్యి) శివలింగాన్ని అభిషేకం చేయించాలి. అభిషేకం చేస్తున్న సమయంలో ‘ఓం నమః శివాయ ‘ అనుకుంటూ జపించాలి. చందన లేపనంతో ప్రారంభించి అన్ని ఉపాచారాలతో పాటూ శివపూజ చేయాలి. అగ్నిలో నువ్వులు, బియ్యము, నెయ్యితో కలిపిన అన్నము వేయాలి. ఈ హోమము తర్వాత పుర్ణాహుతి నిర్వహించాలి. అందమైన శివకథలు వినవచ్చు. వ్రతులు మరొకసారి రథరాత్రి మూడవ, నాల్గవ ఝాములో ఆహుతులను సమర్పించాలి. సూర్యోదయం అయ్యేంతవరకూ మౌన పాఠం చేయదలచినవారు ‘ఓం నమః శివాయ ‘ అంటూ భగవాన్ శివుని స్మరిస్తూ ఉండాలి. ఆయనను భక్తులు కోరుకునేది ఏమిటంటే – ‘ పరమాత్మా! మీ అనుగ్రహంతో నేను నిర్విఘ్న పూజ కొనసాగించి పూర్తి చేసాను. హే లోకేశ్వరా! శివ – భవా! నన్ను క్షమించు. ఈ రోజు నేను అర్జించిన పుణ్యమంతా, మీకు అర్పితం గావించినదంతా మీ కృపతోనే పూర్తి చేశాను. హే కృపానిధీ! మా పట్ల ప్రసన్నులు కండి! మీ నివాసానికి వెళ్ళండి. మీ దర్శనమాత్రము చేతనే మేము పవిత్రులం అయ్యాము.

అటు తర్వాత శివ భక్తులకు భోజనము. వస్త్ర, ఛత్రములు ఇవ్వాలి. నిజానికి లింగోద్భవమైన అర్థరాత్రి సమయం ప్రతిరోజూ వస్తుంది కనుక ప్రతిరోజూ శివరాత్రే. ప్రతిక్షణం శివస్మరణయోగ్యమే. అయితే కృష్ణపక్ష చతుర్దశి శివునికి ఇష్టమైన రోజు కనుక ప్రతినెలా వచ్చే ఆ రోజును మాసశివరాత్రి అన్నారు. అందులోనూ మాఘ బహుళ చతుర్దశి ఆయనకు మరీ మరీ ప్రీతి కనుక ఆ రోజున మహా శివరాత్రి జరుపు కుంటున్నాం.

ఆ రోజు ఉదయం స్నానాదికాలం తర్వాత వీలైన శివాలయాన్ని దర్శించి, అవకాశం లేకపోతే, ఇంటివద్దే ఉమామహేశ్వరులను శివప్రీతికరమైన పువ్వులతో, బిల్వదళాలతో అర్చించాలనీ, శక్తికొలదీ పాలు,గంగోదకం, పంచామృతాదులతో లింగాభిషేకం చేయాలనీ, ఉపవాస, జాగరణ శివస్మరణలతో రోజంతా గడిపి మరునాడు ఉత్తమ విప్రులకు, శివభక్తులకు భోజనం పెట్టాలని వ్రత విధానన్ని బోధించారు.

శివరాత్రికి లింగోద్భవకాలమని కూడా పేరు. ఆ రోజు అర్థరాత్రి జ్యొతిర్మయమైన ఒక మహాలింగంగా శివుడు ఆవిర్భవించాడు. పరమేశ్వరుడు లోకానికి తన స్వరూప దర్శనం చేయించి జగత్తంతా దేదీప్యమానం చేసిన ఆ సమయంలో మనం నిద్రపోవడంలో అర్థం లేదు. అందుకే శివరాత్రి జాగరణకు అంత ప్రాధాన్యం . ఆ రోజు అభిషేకాదులతో శివుని పూజించి ఉపవాసముండి రోజంతా శివనామస్మరణంతో గడపడం లోని ఉద్దేశం మన తనువునూ, మనసునూ కూడా శివార్పితం, శివాంకితం చేయడానికే. శివమంటే జ్ఞానమే. జన్మ పరంపర శృంఖాలాలను తెంచి నిత్యానంద ప్రదమైన మోక్షాన్ని అందించే శక్తి ఆ జ్ఞానానికే ఉంది.

శివరాత్రినాడు పధ్నాలుగు లోకాలలోని పుణ్యతీర్థాలు ‘ బిల్వ ‘ మూలంలో ఉంటాయనీ, శివరాత్రినాడు ఉపవసించి ఒక్క బిల్వమైన శివార్పణ చేసి తరించమని శాస్త్రం చెబుతోంది. కనీసం జన్మకొక్క శివరాత్రి అయినా చేయమని పెద్దలు చెబుతుంటారు. సమస్త ప్రాణికోటిలో సూక్ష్మజ్యోతిరూపంలో ఉండే శివుడు భూమిపై పార్థివలింగంగా ఆర్చింపబడుతుంటాడు. శివరాత్రినాడు ఫలం, ఒక తోటకూర కట్ట అయినాసరే శివార్పణం అని దానం చేయడం ముక్తిదాయకం. కలిగినవారు వారి వారి శక్త్యానుసారం బంగారం, వెండి కుందులలో ఆవునేతి దీపం వెలిగించి ఓ పండితునికి సమర్పిస్తే అజ్ఞానంధకారం నశిస్తుందని పెద్దలవాక్కు.

శివరాత్రినాడు ఉపవసించి త్రికరణ శుద్ధిగా శివుని ఆరాధిస్తే, ఒక సంవత్సర కాలం నిత్యం శివార్చన చేసిన ఫలం కలుగుతుందని సాక్షాత్తు శంకరుడు బ్రహ్మదేవునికి చెప్పినట్లు పెద్దలవాక్కు.

Friday, March 1, 2019

Duties and Functions of Panchayat Secretary in Telangana

GOVERNMENT OF TELANGANA

ABSTRACT

Rules - Telangana Panchayat Raj Act,2018 - Gram Panchayats - Duties and Responsibilities of Panchayat Secretary – Orders - Issued.

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PANCHAYAT RAJ AND RURAL DEVELOPMENT (Pts.VI) DEPARTMENT

G.O.Ms.No. 108

Dated: 26-09-2018

Read the following:

Telangana Panchayat Raj Act, 2018. (Act No.5 of 2018).
From the Commissioner, Panchayat Raj&Rural Employment, Hyd. Lr. No.2560/ CPR& RE/B2/2017,dated:28.8.2018.

ORDER:

Keeping in view the Telangana Panchayat Raj Act, 2018 (Act No.5 of 2018) Government have decided to issue rules relating to the Duties and Responsibilities of Panchayat Secretary in super session of all earlier orders thereof.

Accordingly, the following notification will be published in the Telangana Gazette, dated: 26.09.2018.

NOTIFICATION

In exercise of the powers conferred by section 286 read with sections 42 and 43 of the Telangana Panchayat Raj Act, 2018 (Act No. 5 of 2018), the Government of Telangana hereby makes the following rules relating to the Duties and Responsibilities of Panchayat Secretary in super session of all earlier orders relating thereof:-

RULES

Short Title: These rules may be called the Telangana Panchayat Raj (Duties and Responsibilities of Panchayat Secretary) Rules, 2018.

Definition: In these rules “Act” means Telangana Panchayat Raj Act, 2018.

DUTIES AND RESPONSIBILITIES OF PANCHAYAT SECRETARY

The Panchayat Secretary shall,-

Discharge all the duties and responsibilities entrusted to and imposed upon him under Section 43 and other provisions of the Act.
Prepare the agenda on the subjects specified in Sub-Section (8) of Section 6 of the Act and other necessary subjects with the approval of the Gram Panchayat.
Display or Publicise the Agenda notice as follows, -
1. By beat of drum in the village
2. By affixing the notice at three conspicuous places in the village.
3. By affixing the notice on the notice board oh the Gram Panchayat
4. Or by any other means so that communication reaches maximum number of members.
Communicate the Gram Sabha Agenda to the members of the Gram Panchayat.
Be subordinate to the Gram Panchayat and function under the administrative control of the Sarpanch.
Attend the suggestions made by the Members of Gram Panchayat and implement all resolutions of Gram Panchayat.
Visit the localities/habitations of Scheduled Castes, Scheduled Tribes and other weaker sections in the Gram Panchayat area for ensuring the services provided by the Gram Panchayat are properly delivered in those areas and also strive to eradicate untouchable in any form.
Prepare the annual Administration report of the Gram Panchayat and submit the same to the Gram Panchayat for its approval.
Prepare monthly progress report on the Gram Panchayat administration and place it before the Gram Panchayat at its monthly meeting.
Along with the Sarpanch, submit compliance report on the inspection report of the higher authorities.
Be responsible for reconciliation of all the accounts and submit to the approval of Gram Panchayat and the reconciliation statement shall be forwarded to Extension Officer (PR&RD) at least once in a quarter.
Verify the documents submitted along with layout proposals and assist the Gram Panchayat in forwarding the layout proposals within 7 days after receipt.
Get the 15% of the saleable land of layout mortgaged to the Gram Panchayat.
Verify the documents submitted along with building permissions application within twenty-four hours of its submission and certify if all required documents have been submitted or not.
Be responsible for closing of accounts of the Gram Panchayat and their audit before the end of the third quarter of succeeding financial year.
Prevent and Report encroachments, damage or misuse of Panchayat lands and buildings if any to the higher authorities and take action for its removal.
Assist authorities during the natural calamities like earthquakes, floods, cyclones etc, and accidents like fire, road, rail etc., and assist in the preventive, relief and rehabilitation work.
Report any outbreak of communicable and seasonal diseases especially diarrhea, Malaria, Japanese encephalitis and Gastroenteritis and other such diseases to the nearest Primary Health Centre and higher authorities immediately.
Assist Grama Sabha in the identification of beneficiaries, disbursement of loans and their recoveries and also maintain a list of beneficiaries under all programs of the Central and State Governments.
Report casual vacancies to the election authorities within fifteen days from the date of its occurrence.
Intimate disqualifications of members under Sections 19,20,21,22,23,24 and 25 of the Act to the Extension Officer (PR&RD) and assist in elections whenever required.
Report cases of atrocities against Scheduled Caste, Scheduled Tribes, Women and Children to the authorities concerned within 24 hours.
Assist in giving information to the concerned officials about any black market sales of seeds, fertilizers and pesticides.
Assist in work relating to payment of social security pensions.
Assist in identification of the needs of village and assist in preparation of Gram Panchayat Development Plan.
Attend monthly staff meetings convened by President, Mandal Praja Parishad and Mandal Parishad Development Officer, Extension Officer (PR&RD) and other meetings convened by Divisional and District level Officers.
Assist in maintaining of Information Boards relating to various developmental activities in the villages.
Maintain list of various plantation protect them and collect survival percentage data and coordinate with Forest and Rural Development departments for any required support to motivate people to take up plantation.
Attend to any other duties as assigned by the authorities from time to time.
Maintain all registers required as per Act and Government orders including birth, death and Marriages. He will maintain a separate register to list all assets of the Gram Panchayat. like lands, buildings, roads, drains, Street light, Plantations, drinking water and sewage related assets. The Commissioner, PR&RE shall communicate a list of Registers with proforma to be maintained by the Gram Panchayat.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

VIKAS RAJ

PRINCIPAL SECRETARY TO GOVERNMENT (PR&RD) (FAC)

To,
The Commissioner, Printing, Stationery & Stores Purchase (Printing Wing), TS, Hyderabad.
The Commissioner, Panchayat Raj & Rural Employment, Telangana, Hyderabad.
All the District Collectors in the state
All the District Panchayat Officers in the state
All the Chief Executive Officers in the state
Copy to The P.S to Secretary to Hon’ble C.M The P.S to Hon’ble M (PR&RD)
The P.S to Principal Secretary to Govt., PR&RD The P.S to Chief Secretary to Govt SF/SC.

//FORWARDED BY ORDER//

SECTION OFFICER

Thursday, February 28, 2019

Qualifications to contest in Panchayat Raj Elections

STATE ELECTION COMMISSION

3rd Floor, Buddha Bhavan, M.G. Road, Hyderabad-500003, A.P.

Navin Mittal, IAS. Secretary

Lr.No. 877/SEC-B2/2013 Date: 06.7.2013

To All the Collectors and District Election Authorities.

Sir/Madam,

Sub:-State Election Commission - 4th ordinary elections to Gram Panchayats- Qualifications and disqualifications to contest elections- Certain clarifications sought regarding persons holding certain offices and also regarding 2-Children stipulated in Sec.19(3) of APPR Act, 1994 – Reg.

***

The State Election Commission has been receiving fax messages from various districts seeking specific clarification on eligibility of persons holding various posts to contest elections to Gram Panchayats. Clarifications are also sought regarding disqualification for having more than two children under Sec.19(3) of the A.P. Panchayat Raj Act, 1994.

The State Election Commission has given Handbook of Election Law (Panchayat Raj) and Handbook of Returning Officer, which contain provisions relating to qualifications and disqualifications. It is also specifically mentioned in both the Handbooks that the Returning Officer will be discharging a quasi-judicial function while performing scrutiny of nominations. He has to take independent decisions with regard to eligibility of the candidate based on the provisions made in the Act with regard to qualifications and disqualifications. Any suggestions made to him will amount to influencing him in taking judicious decisions.

Based on some judicial pronouncements, some important clarifications relating to eligibility of candidates are enclosed to this letter.

Further, the District administration shall desist from seeking clarifications regarding eligibility to contest elections mentioning various posts in different departments receiving honorarium or remuneration such as Asha Worker, Adarsa Rythu, Cluster Resource Person, Gram Panchayat Saksharatha Bharath Village Coordinators, Community Mobilizers, Gopala Mithra, Senior Mate in MGNREGS, Field Assistant, etc.

The eligibility of persons holding certain posts is to be examined with reference to Sec. 18(1) of the A.P.P.R. Act, 1994 which reads as under:

"No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government and no office-bearer of anybody constituted under a law made by the Legislature of the State or of Parliament shall be qualified for being chosen as or for being a member of a Gram Panchayat."

All the Collectors & District Election Authorities are requested to give necessary instructions to the Returning Officers on this matter.

Yours faithfully,

Sd/ -

Navin Mittal

Secretary

Encl: As above.

// Attested //

Joint Secretary

Pages: 1 2

Sunday, February 24, 2019

Income source of Grampanchayats in Telangana State

Income Sources of Gram Panchayat

1. Introduction

Every Government will have their source of income. Without income the government cannot do any developmental or welfare activities. In the same analogy the grampanchayat as local government is having source of income. And income so received by the Grampanchayat has to incur on providing amenities to the villagers. The mobilizing the resources and its expenditure in a correct way is called “Financial Management”. To learn about Financial Management of the Gram Panchayat, first we have to know the income sources of Gram Panchayat and expenditure to be incurred for providing the civic amenities to the public. It is also important to know how to prepare a budget of Grampanchayat, procedures for auctioning, work execution, etc. that are explained hereunder.

2. Income Sources of Gram Panchayat Telangana Panchayat Raj Act, 2018 provides to levy and collect the taxes, non- taxes and fees, to improve the financial status of Gram Panchayats. The income source of Grampanchayat can be dived in to 4 categories.

Own Sources
Assigned Revenues
Government Grants
Donations, unclaimed deposits

2.1. Own Sources:

Own source means, the taxes and not taxes, which can levy and collect by the grampanchayat, are called its’ own sources. The own sources may be divided in to two categories. i.e.

Taxes
Non-Taxes.

The Taxes that can be levied by the Grampanchayats are shown under Section 64 of the Act. These taxes are divided in to two categories like Mandatory Taxes and Obligatory taxes. There are three types of Mandatory taxes.

A.1. Mandatory Taxes

House Tax
Kolagaram or Kata Rusumu
Other tax as Government may direct

Contd. Page.No.2

Page - 3 -

2.3. Grants

Grants are two types one is Ordinary Grants and other is Special Grants.

2.3.1. Ordinary Grants

1. Incentive grants for Unanimous election of Gram Panchayat.

2.3.2. Special Grants

State and Central Finance Commission Grants
National Rural Health Mission Grant.
Rastriya Grameena Swaraj Abhiyan grants
MGNREGS Grants
Honorarium to Sarpanchas

2.3.3. Special Taxes:

The Gram Panchayat is empowered to levy special taxes, under section 67 of the Act, to meet the expenditure on maintenance of, water supply, drainage and lighting system on public roads or at public places and other similar work.

The cost of facilities provided by the Grampanchayats, to the citizens has to bare by the Grampanchayat. Therefore to meet the additional expenditure to provide facilities like street lights, Water supply and drainage, the Grampanchayat has to levy special Taxes (User charges) on the basis of no loss no gain system. The rate at which special taxes is to be levied, shall be decided by the Grampanchayat with the approval of Grama Sabha. No other authority’s sanction is needed in this regard.

The procedure to levy and collect the special taxes are illustrated hereunder.

Before levy of user charges on streetlights, water supply and drainage the Grampanchayat has to prepare the expenditure incurred on providing such amenities and the income derived from each category, for the last three years. The budget estimate of the year for which the special tax is going to be levied has also to be taken in to consideration, for levy of such special Tax.
The rate of tax and from which year it is going to be levied and for which years the said tax is going to be levied, has to be decided in a special meeting, in which more than half of the member should have to be attended.
The income of derived from the levy of special tax shall be incurred on that specific purpose only.
The accounts of special tax shall be maintained in separate cash book along with main cash book.
No separate account shall be opened for this purpose.
Separate demand register shall be maintained for each special tax.

2.3.4. Kolagram or Katarusumu:

The Grampanchayat is empowered to levy the Kolagaram or Kata Rusumu on village produces, as per the clause (b) of subsection (1) Section 64 of the Act. But the rates for levy of Kata Rusumu was fixed in Grampanchayat Act, 1964 during the year 1979 and in the Panchayat Raj Act, 1994, the same rates were revised during the year 1995, the revised rates were rescinded by the then government and retained old rates, which were fixed in the year 1979.Therefore the same rates are not feasible to levy and collect Kolagaram or Kata Rusumu, now in the villages.

Contd. Page.No.4

Page - 4 -

2.3.5. Tax on agriculture land for specific purpose:

The Grampanchayat can also levy and collect the tax on agriculture land for specific purpose, to implement special programmes like repair of canals irrigation tanks, to improve the irrigation sources, medical facilities, Education, construction of buildings for cultural activities, construction of culverts, roads, activities to protect the crops.

Before levy of Special Tax on agricultural lands, is to be decided by the Grampanchayat, in a special meeting, purpose for which, and the rate of the tax is going to be levied and the period for which the tax is to be levied. After of approval of the purpose, rate and period of levy, in Grampanchayat and Grama Sabha, the proposal should be submitted to the District Collector for approval, along with following.

Details of income and Expenditure, head wise for last three years.
Budget estimates for the year in which the tax is to be levied
Proposed expenditure on specific purpose and income would be derived by levy of such tax
Resolution of Grama Sabha.
On verification of proposal the Collector shall decide the rate of tax to be levied
Tax shall come in to force from the 1st day of financial year in which it is approved by the Collector.
The details of land holders name shall be obtained from the Village Revenue Officer and the tax shall be levied and collected accordingly.
Income derived from such tax shall be incurred for such specific purpose only.
The rules to levy and collection of taxes shall also apply to this tax also.

2.3.6. License fee:

Grampanchayat is also having power to levy and collect the license fee in accordance with sections of 98, 99 and 112 of the Telangana Panchayat Raj Act, 2018

When a license is granted under section 99, the Grampanchayat, may levy, up to 15% of the gross income of the owner, for last year, from that market. (Section.100).

The Gram Panchayat may notify, under the Section 112 of the Act, that no place in village, shall be used, without the license of Grampanchayat, for the list of activities, in accordance with rules issued there under.

Contd. Page.No.5

Page - 5 -

3. Preparation of Budget

According to Section 73 of the Telangana Panchayat Act, 2018, every Grampanchayat must prepare annual budget estimates taking into consideration, with its probable income and expenditure for the next financial year. Assessing the correct income sources and expenditure to be incurred in coming year is most important aspect on the part of grampanchayat. Assessing income and expenditure is called budget. The development of Grampanchayat depends on its preparation of Budget. Therefore, it is most important subject. Hence, we must learn how to prepare and sanction of Budget of Grampanchayat.

Every year in the month of November, the Grampanchayat has to prepare the Budget with probable income and Expenditure for the coming financial year, by assessing the income and expenditure correctly, taking in to consideration of actual income and expenditure, head wise, for the last 6 months commencing from April to September of current year, i.e. in which financial year the budget is going to be prepared.

After preparation of Budget, it shall be placed before the Grama Sabha for its consideration and approval. After approval of budget by the Grama Sabha, it shall be sanctioned, by the Grampanchayat, within one month, without any deviation.

If the Grampanchayat does not sanction the budget with in stipulated time of one month, the budget approved by Grama Sabha shall be submitted to the Extension officer, P.R& R.D, who shall sanction the budget with such modification as he may deems fit.

The budget is so sanctioned by the Gram Panchayat, be forwarded, to the Extension Officer (PR&RD). The Extension Officer (PR&RD) shall make such suggestions or modifications as he may deem fit and return it within one month from the date of its receipt, to the Gram Panchayat. The Grampanchayat shall consider the same and approve the budget, in a special meeting convened for the purpose and the Budget so approved at such meeting shall be final. Finally sanctioned copy of Budget shall be forwarded to the District Audit Officer.

If the Extension Officer (PR&RD) fails to give the approval within the prescribed time above, the budget is deemed to have been scrutinized. Failure to scrutinize the budget, the concerned Extension Officer (PR&RD) is liable for disciplinary action, after providing an opportunity to him.

If during a financial year, a Gram Panchayat finds it necessary to alter the figures shown in the sanctioned budget with regard to its receipts or to the distribution of the amounts to be expended on the different services to be undertaken by it, a supplementary or revised budget may be sanctioned as provided in the Budget proforma.

Contd. Page.No.6

Page - 6 -

It may be noted that while preparing the Budget Closing balance shall be less than 5% of the total gross annual income of the Grampanchayat. Same is called working balance. After preparation of budget it shall be got copied in required number and shall be circulated among all the members well in advance before presenting it before the grampanchayat for the first time, so that the members can verify allocation amount to required head of expenditure and also details of income to be received by the grampanchayat.

The Sarpanch and Panchayat Secretary should be aware of following points, while going to incur expenditure.

Do not incur expenditure on the item which are not included in the budget. If it is found in the audit the entire amount incurred on that item shall be under objection.
Do not incur the expenditure on any head, over above amount allocated amount in the budget.
If it is found necessary to incur the more than the amount allocated in the budget, it shall be placed before the Grampanchayat and approval may be obtained for enhancing the budget allocation and same may be got approved by Extension Officer P.R&R.D.
Any grants released to the Grampanchayat by the Government for implementation of any schdiv>eme, the same is to be incurred in accordance with guidelines given by the Government.

4. Types of Auctions

Weekly Markets
Daily markets
Fishery rentals
Usufructs
Ferries
Slaughter houses
Poromboke lands leases
Shopping complexes and
Unserviceable articles

4.1. Auction Duration

Grampanchayat as independent government has empowered to augment its own sources. The auctions are most important source of income to the Grampanchayat. The auctions can be divided, in to 3 types by way of its duration. Out which one is no duration such as Unserviceable articles, daily newspapers, fallen tree wood and damaged electrical items. The second one is having some duration. Auctions which will have duration are two types, one is annually auctions, such as weekly markets, daily markets, fishery rentals, slaughter houses, Ferris, and second is more than one year duration, like shopping complexes and porambokes lands and usufruct land

Contd. Page.No.7

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4.2. Auction Procedure

The Grampanchayat has to decide whether the collection of market fee, is to be done through departmentally or by leasing.to a third person. If the grampanchayat decides to lease it out on conducting open auction, proposal shall be sent to Divisional Panchayat Officer to obtain upset price of the bid amount of auction to be conducted.

For sending proposal to Divisional Panchayat officer, fallowing information should have to be submitted along with proposal.

Resolution of gram panchayat.
Last three years income derived from the leasing out of said auction.
In case of new market opened and fee collected through departmentally, the amount derived from departmental collection.

On receipt of upset price, the Panchayat secretary shall prepare auction notice with condition and specifications as decided by the grampanchayat.
Rates shall be decided by the grampanchayat
Area of operation and period of lease shall be noted in the tender notice itself.
Payment of installment shall be indicated
Amount of deposit for entering the auction hall shall be fixed by the Grampanchayat.
After completion of auction deposit made by participants, at the time of beginning the auction, by retaining the highest and second highest bidder, shall be returned
After Auction is over the highest bidder has to deposit ¼ of auction amount with in time to be specified.
Failure make payment of ¼ of auction amount will lead to forfeiture of deposited amount made at the time of auction and liable to cancel the bid, and 2nd highest bidder shall be asked to make payment of 1/4
If the 2nd bidder is not willing to take the lease, fresh auction shall be conducted.
Before letting out the lease order, agreement shall be made, with terms and conditions and got registered with the cost of bidder
If the auction is for period of one-year, remaining amount shall be collected in 9 equal installments by 31st December.
During period of lease, if the bidder fails to make payment of installments for 2 consecutive months, lease shall be terminated and again auction shall be conducted for remaining period.
Rent and charges of land or place,if any has to be borne by the bidder.

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Important Pages for Administration of Panchayat