THE PAYMENT OF GRATUITY ACT, 1972
[NO. 39 OF 1972]
[21st August, 1972]
An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:-
1. Short title, extent, application and commencement.-
This Act may be called the Payment of Gratuity Act, 1972.
It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
It shall apply to-
every factory, mine, oilfield, plantation, port and railway company;
every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3-A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act, notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.
It shall come into force on such date as the Central Government may, by notification, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
“appropriate Government” means,-
in relation to an establishment:-
belonging to, or under the control of, the Central Government
having branches in more than one State
of a factory belonging to, or under the control of, the Central Government.
of a major port, mine, oilfield or railway company, the Central Government.
in any other case, the State Government.
“completed year of service” means continuous service for one year.
“continuous service” means continuous service as defined in Section 2-A;
“controlling Authority” means an authority appointed by the appropriate Government under Section 3;
“employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;
“Employer” means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop:-
belonging to, or under the control of, the Central Government or a State Government, a person or authority appointed by the appropriate Government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the Ministry or the Department concerned,
belonging to, or under the control of, any local authority, the person appointed by such authority for the supervision and control of employees or where no person has been so appointed, the chief executive officer of the local authority.
in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, or managing director or by any other name, such person;
“Factory” has the meaning assigned to it in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
“Family”, in relation to an employee, shall be deemed to consist of:-
in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents and the dependent parents of his wife and the widow and children of his predeceased son, if any.
in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any:
Explanation.-Where the personal law of an employee permits the adoption by him of a child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is, under the personal law of the person making such adoption, lawful, such child shall be deemed to be excluded from the family of the employee.
“major port” has the meaning assigned to it in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908);
“mine” has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);
“notification” means a notification published in the Official Gazette:
“oilfield” has the meaning assigned to it in clause (e) of Section 3 of the Oilfields (Regulation and Development) Act, 1948 (53 of 1948);
“plantation” has the meaning assigned to it in clause (f) of Section 2 of the Plantations Labour Act, 1951 (69 of 1951);
“port” has the meaning assigned to it in clause (4) of section 3 of the Indian Ports Act, 1908 (15 of 1908);
“prescribed” means prescribed by rules made under this Act;
“railway company” has the meaning assigned to it in clause (5) of section 3 of the Indian Railways Act, 1890 (9 of 1890);
“retirement” means termination of the service of an employee otherwise than on superannuation.
“superannuation” in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employer shall vacate the employment;
“wages” means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
contd.Page.2
2
2A. Continuous Service.- (1) For the purpose of this Act-
An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-
for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
two hundred and forty days, in any other case:
for the said period of six months if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than-
ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
one hundred and twenty days, in any other case;
Explanation.- For the purpose of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which-
he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;
he has been on leave with full wages, earned in the previous year;
he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks].
Where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
contd.Page.3
3
3. Controlling Authority.- The Appropriate Government, may, by notification, appoint any officer to be a controlling authority, who shall be responsible for the administration of this Act and different controlling authorities may be appointed for different areas
4. Payment of Gratuity.-
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-
on his superannuation, or
on his retirement or resignation,
on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
Provided further that in case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is minor, the share of such minor, shall be deposited with the Controlling Authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Explanation.- For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned:
Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account:
Provided further that in the case of an employee who is employed in a seasonal establishment, and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season.
Explanation.-In the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.
The amount of gratuity payable to an employee shall not exceed ten lakh rupees.
For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.
Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
Notwithstanding anything contained in sub-section (i),-
the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
the gratuity payable to an employee may be wholly or partially forfeited-
if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part; or
if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
contd.Page.4
4
4A. Compulsory Insurance.-
With effect from such date as may be notified by the appropriate Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of sub- section (2), obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer:
Provided that different dates may be appointed for different establishments or class of establishments or for different areas.
The appropriate Government may, subject to such conditions as may be prescribed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed from the provisions of sub-section (1).
For the purpose of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed get his establishment registered with the controlling authority in the prescribed manner and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2).
The appropriate Government may, by notification, make rules to give effect to the provisions of this section and such rules may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by the controlling authority of the amount of the gratuity payable to an employee from the Life Insurance Corporation of India or any other insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the Board of Trustees of the approved gratuity fund.
Where an employer fails to make any payment by way of premium to the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub- section (2) he shall be liable to pay the amount of gratuity due under this Act (including interest, if any, for delayed payments) forthwith to the controlling authority.
Whoever contravenes the provisions of sub-section (5) shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to one thousand rupees for each day during which the offence continues.
Explanation.-In this section “approved gratuity fund” shall have the same meaning as in clause (v) of Section 2 of the Income Tax Act, 1961 (43 of 1961)].
contd.Page.5
5
5. Power to exempt.-
1[ The appropriate Government may, by notification, and subject to such conditions as may be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act if, in the opinion of the appropriate Government, the employees in such establishment, factory, mine, oilfield, plantation, port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.
The appropriate Government may, by notification and subject to such conditions as may be specified in the notification, exempt any employee or class of employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this Act applies from the operation of the provisions of this Act, if, in the opinion of the appropriate Government, such employee or class of employees are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act.
A notification issued under sub-section (1) or sub-section (2) may be issued retrospectively a date not earlier than the date of commencement of this Act, but no such notification shall be issued so as to prejudicially affect the interest of any person.
6. Nomination.-
Each employee, who has completed one year of service, shall make, within such time, in such form and in such manner, as may be prescribed, nomination for the purpose of the second proviso to sub-section (1) of Section 4.
An employee may, in his nomination, distribute the amount of gratuity payable to him under this Act amongst more than one nominee.
If an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family, shall be void.
If at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed, a fresh nomination in favour of one or more members of his family.
A nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written notice in such form and in such manner as may be prescribed, of his intention to do so.
If a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination in the prescribed form, in respect of such interest.
Every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody.
7. Determination of the amount of Gratuity.-
A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.
As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (i) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined.
The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
(3-A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3) the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long term deposits, as that Government may, by notification specify:
Provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the Controlling Authority for the delayed payment on this ground].
(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the Controlling Authority such amount as he admits to be payable by him as gratuity.
Where there is a dispute with regard to any matter or matters specified in Clause (a), the employer or employee or any other person raising the dispute may make an application to the Controlling Authority for deciding the dispute.
The Controlling Authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and, if, as a result of such inquiry any amount is found to be payable to the employee, the Controlling Authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer.
The Controlling Authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto.
As soon as may be after a deposit is made under Clause (a), the Controlling Authority shall pay the amount of the deposit-
to the applicant where he is the employee; or
where the applicant is the employee, to the 1[nominee or, as the case may be, the guardian of such nominee or] heir of the employee if the Controlling Authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity.
For the purpose of conducting an inquiry under Sub-Section (4), the controlling authority shall have the same powers as are vested in a Court, while trying a suit, under the Code of Civil Procedure,1908 (5 of 1908), in respect of the following matters namely:-
enforcing the attendance of any person or examining him on oath;
requiring the discovery and production of documents;
receiving evidence on affidavits;
issuing commissions for the examination of witnesses.
Any inquiry under this Section shall be a judicial proceeding within the meaning of Sections 193 and 228, and for the purpose of Section 196, of the Indian Penal Code, 1860 (45 of 1860).
Any person aggrieved by an order under sub-section (4), may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf:
Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days.
Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under subsection (4), or deposits with the appellate authority such amount.
The appropriate Government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify or reverse the decision of the controlling authority.
contd.Page.6
6
7A. Inspectors.-
The appropriate Government may, by notification, appoint as many Inspectors, as it deems fit, for the purposes of this Act.
The appropriate Government may, by general or special order, define the area to which the authority of an Inspector so appointed shall extend and where two or more Inspectors are appointed for the same area, also provide, by such order, for the distribution or allocation of work to be performed by them under the Act.
Every Inspector shall be deemed to be a public servant within the meaning of Sec. 21 of the Indian Penal Code, 1860 (Act 45 of 1860).
7B. Powers of Inspectors.-
Subject to any rules made by the appropriate Government in this behalf, an Inspector may, for the purpose of ascertaining whether any of the provisions of this Act or the conditions, if any, of any exemption granted thereunder, have been complied with, exercise all or any of the following powers, namely:-
require an employer to furnish such information as he may consider necessary;
enter and inspect, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or local or any public authority, as he thinks fit, any premises of or place in any factory, mine, oil-field, plantation, port, railway company, shop or other establishment to which this Act applies, for the purpose of examining any register, record or notice or other document required to be kept or exhibited under this Act or the rules made thereunder, or otherwise kept or exhibited in relation to the employment of any person or the payment of gratuity to the employees, and require the production thereof for inspection;
examine with respect to any matter relevant to any of the purposes aforesaid, the employer or any person whom he finds in such premises or place and who, he has reasonable cause to believe, is an employee employed therein;
make copies of, or take extracts from any register, record, notice or other document, as he may consider relevant, and where he has reason to believe that any offence under this Act has been committed by an employer, search and seize with such assistance as he may think fit, such register, record, notice or other document as he may consider relevant in respect of that offence;
exercise such other powers as may be prescribed.
Any person required to produce any register, record, notice or other document or to give any information, by an Inspector under sub-section (1) shall be deemed to be legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code (45 of 1860).
The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 94 of that Code.
8. Recovery of Gratuity.- If the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto:
Provided that the Controlling Authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate: Provided further that the amount of interest payable under this section shall, in no case, exceed the amount of gratuity payable under this Act.
contd.Page.7
7
9. Penalties.-
Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 1[ten thousand rupees] or with both.
An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both:
Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment, for a term which shall not be less than six months but which may extend to two years unless the Court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice.
10. Exemption of employer from liability in certain cases.- Where an employer is charged with an offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on giving to the complainant not less than three clear days' notice in writing of his intention to do so, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court-
that he has used due diligence to enforce the execution of this Act; and
that the said other person committed the offence in question without his knowledge, consent or connivance,
that other person shall be convicted of the offence and shall be liable to the like other punishment as if he were the employer and the employer shall be discharged from any liability under this Act in respect of such offence:
Provided that in seeking to prove as aforesaid, the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:
Provided further that, if the person charged as the actual offender by the employer cannot be brought before the Court at the time appointed for hearing the charge, the Court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the charge against the employer and shall, if the offence be proved, convict the employer.
contd.Page.8
8
11. Cognizance of Offence.-
No Court shall take cognizance of any offence punishable under this Act save on a complaint made by or under the authority of the appropriate Government:
Provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within fifteen days from the date of such authorisation, make such complaint to a Magistrate having jurisdiction to try the offence.
(2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence punishable under this Act.
12. Protection of action taken in good faith.- No suit or other legal proceeding shall lie against the Controlling Authority or any other person in respect of any thing which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
13. Protection of gratuity.- No gratuity payable under this Act and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under Section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.
13A. Validation of payment of gratuity.- Notwithstanding anything contained in any judgement, decree or order of any court, for the period commencing on and from the 3rd day of April, 1997 and ending on the day on which the Payment of Gratuity (Amendment) Act, 2009, receives the assent of the President, the gratuity shall be payable to an employee in pursuance of the notification of the Government of India in the Ministry of Labour and Employment vide number S.O. 1080, dated the 3rd day of April, 1997 and the said notification shall be valid and shall be deemed always to have been valid as if the Payment of Gratuity (Amendment) Act, 2009 had been in force at all material times and the gratuity shall be payable accordingly:
Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the non-payment by him of the gratuity during the period specified in this section which shall become due in pursuance of the said notification.
14. Act to override other enactments, etc.- The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act.
15. Power to make rules.-
The appropriate Government may, by notification, make rules for the purpose of carrying out the provisions of this Act.
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
No. 2020-25 Government of India Ministry of Finance Department
of Expenditure (Finance Commission Division)
1 Ith Block, 5th Floor,
CGO Complex, Lodi Road,
New Delhi- 110003.
Dated:- 01-06- 2020
To, The Chief Secretary, (All State Governments)
Subject:-lssue of Operational Guidelines for the implementation of the
recommendations on Local body grants contained in Chapter 5 of the
Fifteenth Finance Commission (FC-XV) Report — regarding
Sir,
The recommendation of Fifteenth Finance Commission (FC-XV) for the Award
year 2020-21 include, inter-alia, release of grant-in-aid to State
Governments for Rural Local Bodies.
2. Kindly find enclosed herewith a copy of the guidelines for release and
utilization of Grants recommended by the Fifteenth Finance Commission
(FCXV) for Rural Local Bodies for information and necessary action.
Copy to:-
Principal Secretary/Secretary (Finance),
All State Governments.
No. 2020-25 Government of India Ministry of Finance Department
of Expenditure (Finance Commission Division)
Operational Guidelines for the implementation of the recommendations on
Rural Local body(RLB) grants contained in Chapter 5(Local Body Grants)
of the Fifteenth Finance Commission (FC-XV) Report.
Introduction
1. The Fifteenth Finance Commission (FC-XV) was
constituted by the President on November 27th, 2017 and was, inter-alia,
mandated to recommend measures needed to augment the Consolidated Funds of
the States to supplement the resources of the Panchayats and
Municipalities during 2020-25. Subsequently, the Commission was mandated
to submit two reports, one for the year 2020-21 and the final Report for
the period 2021-22 to 2025-26. The Commission submitted its first Report
covering the financial year 2020-21 to the President on 5 th December,
2019.
2. The Union Government on 31-01-2020 vide
Explanatory Memorandum as to the Action Taken on the Recommendations made
by the Fifteenth Finance Commission in its Report for the year 2020-21
inter-alia accepted the recommendations of the FC-XV in respect of the
Local Bodies.
Grants recommended
3. The FC-XV have inter-alia worked out a total
size of the grant for local bodies amounting to Rs. 90,000 crore for
twenty-eight States. Out of this corpus, the Commission have recommended
allocation for RLBs amounting to Rs. 60,750 crore in 2020-21. 50% of the
recommended grant will be Basic grant(untied) and the remaining 50% as
tied grant. State-wise allocation of RLBs grant is given in Annexure-I.
Step—wise distribution of grant to all entities and detailed modusoperandi
to be adopted for release/utilization etc is as follows:-
Step-I:- The States should workout inter-se share of all tiers of
Panchayats as per the directions given in para 5.3(ii) & (v) and
intra-tier distribution(within each tier) among the relevant entities
across the State as per the directions given in para 5.3(vi) of Chapter 5
of the FC-XV Report.
Step-II:-
The States should also make allotment of grants for all the Excluded Areas
(where Part IX & IXA does not apply) falling within the State based on
the weightage of 90% to population ( as per Census of 2011) and 10% for
Area.
Step-III:-
The State Governments(State Finance Department) should transfer each
instalment of the RLBs grants received from the Department of Expenditure
to all the concerned entities [GP/BP/ZP & Excluded Areas, if any]
without any deduction through their nodal Department as per the share
worked out in Step-I and Step-Il within ten working days of receipt from
the Union Government. Any delay beyond ten working days will require the
State Governments to release the same with interest as per the effective
rate of interest on market borrowings/State Development Loans (SDLs) for
the previous year.
Modalities for Release of grants
4. Basic Grants:- Basic grants i. e. 50% of
the allocation will be released in two instalment by the Ministry of
Finance, Department of Expenditure(Finance Commission Division) after
receipt of Grant Transfer Certificate in the prescribed
format(Annexure-II) and recommendation from the Ministry of Panchayati
Raj(MOPR), Govt. of India.
5. Tied Grants:-Tied grants i. e. 50% of
the allocation will be released in two instalments by the Ministry of
Finance, Department of Expenditure(Finance Commission Division) after
receipt of recommendation from the Ministry of Panchayati Raj, Govt. of
India. Department of Drinking Water & Sanitation, Ministry of Jal
Shakti, Govt. of India and MOPR will assess the following before
recommending for release of grant;
Status & maintenance of Open Defacation Free local body
Supply of drinking water, rain water harvesting and water recycling.
Uploading of GPDP and details about utilization 15th F.C. funds on the
website.
Any other condition which Ministry of Jal Shakti may deem fit in
connection with the stated objectives of the tied grant.
(Assessment ofeligibilityfor the year 2021-22 will be based on the
outcomes during the year 2020-21. Same procedure will be adoptedfor the
remaining period of the award year.)
Utilisation of the FC-XV recommended Local body grant
6. Basic Grants:- The basic grants are
untied and can be used by the local bodies for locationspecific felt
needs, except for salary or other establishment expenditure.
7. Tied Grants:- The tied grants can be
used for the basic services of (a) sanitation and maintenance of
open-defecation free (ODF) status and (b) supply of drinking water, rain
water harvesting and water recycling. The local bodies shall, as far as
possible earmark one half of these tied grants each to these two critical
services. However, if any local body has fully saturated the needs of one
category, it can utilise the funds for the other category.
Monitoring and concurrent evaluation
8. Ministry of Panchayati Raj, Govt. of India
shall monitor the implementation of the remaining recommendations of the
FC-XV with regard to RLBs.
Allocation of RLBs grant for the remaining years of the award
period
9. State-wise Allocation for the remaining period
of the award period will be intimated to all the States in due course of
time.
*-*-*-*
ANNEXURE- 1 RURAL LOCAL BODY GRANTS FOR THE YEAR 2020-21. (Rs. in
crores)
S. No.
State Name
Basic Grant
Tied Grants
Total RLB's Grants
1.
Andhra Pradesh
1,312.5
1,312.5
2,625
2.
Arunachal Pradesh
115.5
115.5
231
3.
Assam
802
802
1,604
4.
Bihar
2,509
2,509
5,018
5.
Chhattisgarh
727
727
1,454
6.
Goa
37.5
37.5
75
7.
Gujarat
1,597.5
1,597.5
3,195
8.
Haryana
632
632
1,264
9.
Himachal Pradesh
214.5
214.5
429
10.
Jharkhand
844.5
844.5
1,689
11.
Karnataka
1,608.5
1,608.5
3,217
12.
Kerala
814
814
1,628
13.
Madhya Pradesh
1,992
1,992
3,984
14.
Maharashtra
2,913.5
2,913.5
5,827
15.
Manipur
88.5
88.5
177
16.
Meghalaya
91
91
182
17.
Mizoram
46.5
46.5
93
18.
Nagaland
62.5
62.5
125
19.
Odisha
1,129
1,129
2,258
20.
Punjab
694
694
1,388
21.
Rajasthan
1,931
1,931
3,862
22.
Sikkim
21
21
42
23.
Tamil Nadu
1,803.5
1,803.5
3,607
24.
Telangana
923.5
923.5
1,847
25.
Tripura
95.5
95.5
191
26.
Uttar Pradesh
4,876
4,876
9,752
27.
Uttarakhand
287
287
574
28.
West Bengal
2,206
2,206
4,412
Total
3,0375
3,0375
60,750
ANNEXURE- II
GRANT TRANSFER CERTIFICATE FOR THE GRANTS RECEIVED
FOR LOCAL BODIES RECOMMENDED BY FIFTEENTH FINANCE COMMISSION DURING THE
AWARD PERIOD 2020-2025
Name of the State
1.
General Areas
Total Nol of
GPs
Duly Elected body
G.Ps.
BPs
BPs
ZPs
ZPs
2.
Non Part IX Areas[provide details and number of such Autonomous
bodies]
No.
Names
3.
Details of Basic grants received
Year
Instalment
Amount (Rs. in lakhs)
Date of receipt
4.
Details of Basic Grant / Tied Grant transfered *
Year
Instalment
Amount (Rs. in lakh)
Date of Transfer
No. of days of delay
If delayed, amount of interest transfered (with rate of interest)
5.
Whether State Finance Commission(SFC)Recommendations available
yes / No
If yeas, whether, grant distributed as per census2011 population or as
per the SFC recommendation.
*Strikeout whichever is not applicable.
Certified that the grants have been utilized/ proposed to be utilized for the purpose for which these grants have been provided and if any deviation is observed, the same will be intimaed.
Parameswaran lyer Secretary Government of India Ministry Of Jal Shakti Department of Drinking Water and Sanitation
Sunil Kumar Secretary Government of India Ministry of Panchayati Raj
No.5-11011!1/2020-SBM-DDWS. dated.17thMarch, 2020
Dear Shri
Subject:Advisory for utilization of 15thFinance Commission grants (RLBs) for provision of drinking water & sanitation services - regarding
As you are aware, availability of assured potable water in adequate quantity and ol' prescribed quality at household level and ilnprovcd sanitation hold the key for a better quality and disease-free life, thus improving socio-economic condition or people. In accordance with the spirit of 73rd Amendment to the Constitution, il is important that Gram Panchayats (GPs) are empowued to manage these services in villages. In this spirit, successive Finance Commissions have given priority to social sectors inter alia water supply and sanitation in the form or State specific grants as well as grants to Panchayats for 'management of water supplyr and sanitation.
2. 15th Finance Commission in its interim leport for the year 2020-21, has identified water supply and sanitation as national priority areas rural local bodies, and accordingly 50% of Rs. 60,750 crore i.e. Rs. 30,375 crore has been allocated as tied-grants to RLBs tbr (a) sanitation and maintenance of open-defecation free (()DF) status; and (b) supply of drinking water, raiu water harvesting and water recycling. PRIS have to earmark one half of these tied grants (Or each of these two components. However, if any (iram Panchayat has tillly saturated the needs of one category, the patticular GP can utili7.e the funds the other category. State-wise aggtegate grants allocated to PRIS by the 15th Finance Commission for 2020-21 is enclosed for ready reference (Annex—I).
3. During the last five years, huge efforts and investment have been made under Swach/l Bharat Mission (Grameen) (SBM (G)) 10 achieve the Open Defecalion Free (ODE) status in villages. Phase-Il of SBM (G) has been approved with the aim to sustain the ODF outcomes and to cover all villages in the country with Solid and Liquid Waste Management i.e. ODE plus. Sinmilarly. to ensure that every household in rural aleas have piped water supply in adequate quantity and of mescribed quality on long-term basis, Jal Jeevan Mission (LIM) is under implementation in partnership with States. Under -1.1M, concerted efforts are being made to empower Gram Panchayats and/ or its sub-committee to plan, implement, manage, operate and maintain their own water
supply system- Under both the schemes, major activities have been identified and
illusuative list of such activities are annexed. PRIS can take up additional
activities too as per their requirements. It may be noted that PRIS can either
perform these activities themselves or engage 'service providers' on agreed
terms and conditions to achieve the goals that have been set relating to
drinking water supply, water conservation, sanitation, soiid & liquid waste
management. Various models or implementation and technology options based on
si7.e, population, volume of solid & liquid waste etc. of GPs; cluster of GPs
will be indicated in Guidelines to bc issucd Blinking & Saniiaiion. Model
Contract Agreements with well deiincd •service level parameters* will also bc
prepared and circulated separateiy for adoption by GPs-
4. You are requested
'bring it to the notice of all the PRIS that while utilizing the 15 Finance
Commission grants for water and sanitation, priority may be given to cover all
the activities identified under JJM and SBM (G) Phase-Il (as per Annex — Il &
111) so as to saturate the needs of drinking water and sanitation facilities in
the rural areas ofthe country-
Yours sincerely
Sunil Kumar. Parameshwaran Iyer
To, Chief Secretaries
All States/UTs
Annexure-1
State-wise aggregate grants allocated to PRIS by the 15th Finance Commission for 2020-21 (Rs. In crore)
S. No.
State Name
Grants
1.
Andhra Pradesh
2,625
2.
Arunachal Pradesh
231
3.
Assam
1,604
4.
Bihar
5,018
5.
Chhattisgarh
1,454
6.
Goa
75
7.
Gujarat
'3,195
8.
Haryana
1,264
9.
Himachal Pradesh
429
10.
Jharkhand
1,689
11.
Karnataka
3,217
12.
Kerala
1,628
13.
Madhya Pradesh
3,984
14.
Maharashtra
5,827
15.
Manipur
177
16.
Meghalaya
182
17.
Mizoram
93
18.
Nagaland
125
19.
Odisha
2,258
20.
Punjab
1,388
21.
Rajasthan
3,862
22.
Sikkim
42
23.
Tamil Nadu
3,607
24.
Telangana
1,847
25.
Tripura
191
26.
Uttar Pradesh
9,752
27.
Uttarakhand
574
28.
West Bengal
4,412
Total
60,750
Rural Local Bodies
Annexure— Il
S. No.
Drinking Water related activities
Long-term sustainability of water supply system to provide minimum service level of 55 litre per person per day of potable water on regular basis. Illustrative activities (but not exhaustive) are:
1.
Augmentation of existing water source(s) of drinking water viz. bore well recharge, rain water harvesting viz. check dams, rehabilitation of water bodies, watershed and springshed management, etc.
2.
Providing water in institutions like schools, Anganwadi centres, Health centres,
3.
Retrofitting of existing water supply schemes/ systems to improve service delivery for whole design period
4.
Bringing water from nearby surface source, bore well, in-village distribution network, overhead tank (ESR), sump, washing & bathing place for people having small houses, cattle troughs, etc.
5.
Grey water treatment and its reuse viz. stabilization pond and associated infrastructure
6.
Operation and maintenance of drinking water supply and grey water management systems
Annexure— III
S. No.
Sanitation related activities
1.
Operation and maintenance of all community assets created for the purpose of sanitation and Solid and Liquid Waste Management viz. Community Managed Sanitation Complex, grey water management system, GOBARDHAN projects, Faecal Sludge Management projects, soak pits, compost pits
2.
Collection and transportation of waste from households to village level treatment site and management of compost center.
3.
Construction of Community Managed Sanitation Complex as per funding norms of SBM(G) phase-Il guidelines.
4.
Construction of community compost pits, community soak pits/ grey water management system as per funding norms of SBM(G) phase-Il guidelines.
5.
Transportation of plastic waste from village storage to Plastic Waste Management Unit at Block level (refer to SBM-G phase-Il guidelines)
6.
Retrofitting of toilets at community level for group of toilets.
7.
Construction of drainage channels
8.
Equipment for cleaning the waste management premises and safety gears for workers which may include masks/ gumboots etc.
9.
Provision of community level segregation bins at public places (two bins system)
10.
Menstrual Waste Management at appropriate place preferable at collection Centre which may include incinerator models approved by CPCB/ SPCB
11.
Scaling up of GOBAR-Dhan projects (minimum 10 per Block) as per norms under New National Biogas and Organic Manure Programme (NNBOMP) of Ministry of New and Renewable Energy.
The Principal Secretary / Secretary,
Panchayati Raj Departments,
All States
Subject: Clarifications sought by the States regarding utilization of Basic (Untied) Grants for items of works / activities under Fifteenth Finance Commission (XV FC) for Rural Local Bodies (RLBs)
Madam / Sir,
I am directed to say that the Ministry of Panchayati Raj has received references from various States seeking clarification regarding items of works / activities that may be taken up by the Rural Local Bodies with the utilization of Basic (Untied) Grants under XV FC. In this connection, it is intimated that Basic (Untied) Grants under XV FC can be utilized by the local bodies for location-specific felt needs, except for salary or other establishment expenditure, in terms of the Operational Guidelines issued by the Ministry of Finance vide their Letter No. dated 1.06.2020. Further, the indicative items of works / activities that may be taken up by the RLBs by utilizing Basic (Untied) Grants for location-specific felt needs has been mentioned at Annexure for guidance.
2. This clarification is being issued to facilitate Rural Local Bodies (RLBs) to prioritise their activities to be taken up with the XV FC Basic (untied) grants and prevent their possible misutilisation on undesirable and extraneous items.
(Vijay Kumar)
Deputy Secretary to Government of India
Tel. (011 23356350)
Annexure Utilization of the XV FC Basic (Untied) Grants recommended to Rural Local Bodies
Basic (Untied) Grants .
The XV FC has reconunended 50% of the allocation as Basic Grants (Untied). The items of works / activities that may be taken up with the Basic Grants (Untied) include:
"Storm Water Drainage and water logging management, immunization of children, prevention of malnutrition of children, construction and repair and maintenance of roads within Gram Panchayat (GP) and inter GP, construction and repair of foot paths within GP and inter GP, construction and repair and maintenance of LED street lights and solar lighting as applicable (solar street light may be individual poles or centralized solar panel system)— within GP and inter GP; construction, repair and maintenance of crematoriurn and acquisition of land for crematorium and cremation grounds; acquisition of land & maintenance and upkeep of dead body burial ground; providing sufficient and high bandwidth Wi-Fi digital network services within GP; public library; recreation facilities including children's park; playground; rural haat; sports & physical fitness equipment, etc. and any other basic improved/enhanced service mandated by State Government under relevant State legislations; recurring expenditure for electricity, water, collection and disposal & recycling waste, liquid/solid waste management equipments, manpower on outsourcing basis and other administrative expenses as essential, immediate relief works in the event of natural disasters/pandemic; discharge of responsibilities specifically mandated to Panchayats under various Acts/Laws e.g. preparation and updation of People's Biodiversity Register (PBR) under Biodiversity Act, 2002"
The XV FC has not distinguished between O&M and capital expenditure within the component of locally felt needs. GPs can enter into Annual Maintenance Contracts/Service contracts for providing the services to rural inhabitants. However, expenditure from the Grants on the negative list namely expenditure on items already being funded from other schemes, felicitation/cultural functions/ decorations/inauguration, Honorarium, TA/DA of elected representatives and salaries / honorarium of existing employees/permanent, doles / awards, entertainment, purchase of vehicles and airconditioners are not allowed under this component.
It may also be mentioned that the above items of expenditure are indicative. The Basic (Untied) Grants under XV FC can be utilized by the local bodies for location-specific felt needs, except for salary or other establishment expenditure, in terms of the Operational Guidelines issued by the Ministry of Finance vide their Letter No. 1 5(2)FC-XV/FCD/2020-25 dated 1 .06.2020.
Animal Husbandry Department – Devolution of Powers to Panchayat Raj Institutions – Orders – Issued. _____________________________________________________________________________________________________________
ANIMAL HUSBANDRY DAIRY DEVELOPMENT & FISHERIES (AH.1) DEPTT.
G.O.(Ms) No.25.
Dated 27th March 2003.
Read the following
From the Secy. To Govt. PR& RD Dept., D.O. Lr.30922/Mdl.l/97-1 dt.6.9.97
From the DAH.Hyd.,Lr.No.37630/K1/K2/97, dt. 27.4.1999
From the Prl.Secy.to Govt., PR & RD.,D.O.Lr.No.30922/Mdl.1/A2/97-16 Dt,12.10.1998.
From the DAH.,Hyd.Lr.No.37630-K1/K2/97,dt.9.2.1999 & dt.10.2.1999.
From the Prl.Secy.,D.O.LR.No.30922/Mdl.1/A2/97, dt.17.5.1999.
Note from the Prl.Secy.,AHDD &F Dept., dt.9.9.2002.
From the DAH.,Hyd.,Lr.Roc.o.37630/K1/K2/1997, dt.4.9.2002.
From the Secy. To Govt.,PR & RD Dept.,D.O.Lr.No.7975/Mdl.1/A1/98, Dt.4.12.2002.
Govt.D.O.Lr.No.6038/AH.1(2)/2002, dt.17.1.2003.
From the Addl.Secy.to Govt., D.O.Lr.No.7975/Mdl.1/A2/98-2,dt.17.1.03.
From the PR & RD D ept., U.O. Note No.7975/Mdl.1/A2/98-1 dt.25.2.2003.
***
O R D E R:
Government have been considering the Devolution of Powers to Panchayat Raj Institutions in respect of Animal Husbandry Department since sometimes keeping in view the proposals of Director of Animal Husbandry in this regard at the decisions taken by the Cabinet Sub-Committee on the subject it is ordered that the post of Veterinary Assistant Surgeon, working in the Veterinary Dispensary the Mandal Head Quarters of working in any other Veterinary Dispensary in the Mandal, who is at present designated as Mandal Animal Husbandry Officer (M.A.H.O) shall now work under the control of the Mandal Praja Parishad of the Panchayat Raj Department. The M.A.H.O. shall draw his pay and allowances from the Mandal Praja Parishad Office the budget of which will be transferred to Director of Animal Husbandry. He shall work under the administrative control of Mandal Praja Parishad, but Technical control remains with Animal Husbandry Department. The M.A.H.O. shall attend to normal & technical duties in Veterinary Dispensary subject to the technical control of District Officer of Animal Husbandry Department and Head of Department i.e. Director of Animal Husbandry. The Staff including Para-Staff working in Veterinary Dispensary/Rural Livestock under Veterinary Institutions in the Mandal shall continue to be under the control of Animal Husbandry Department. The M.A.H.O. shall be drawing & disbursing Officer for the staff of Para staff working in Veterinary Dispensary/Rural Livestock Unit and Veterinary Dispensary.
2. The Joint Director (AH) of the District shall look after urban and rural areas also. He shall be responsible to Zilla Parishad in implementation of departmental programmes in Rural areas. The District Collector can exercise concurrent jurisdiction on Animal Husbandry Department Personnel in the District on technical and Developmental matters and in implementation of Statutory Programmes/Rules/Laws etc.
3. The developmental activities to be implemented in the district in rural areas on behalf of Government, Animal Husbandry Department, D.R.D.A., SC/ ST/ BC/ Women/ Physically Handicapped/ Minorities corporations etc., would be implemented through Mandal Praja Parishads of Panchayat Raj Department including beneficiaries selection, grounding etc.
4. The Director of Animal Husbandry shall release the funds proportionately to each Mandal Praja Parishad in the matter in time and shall see that the above orders are implemented forthwith and compliance reported.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
P.RAMAKANTH REDDY
PRL.SECRETARY TO GOVERNMENT
To,
The Director of Animal Husbandry, A.P., Hyderabad.
All District Collectors.
All Joint Directors (AH) through The Director of Animal Husbandry, A.P., Hyderabad
The Panchayat Raj & Rural Development Department.
The Finance Dept.
All Departments of Secretariat.
All Sections in the Dept.
SF/Scs.
//Forwarded by Order//
SECTION OFFICER
Contd.Page.2
Page.No.2
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Fisheries Department – Devolution of powers to Panchayat Raj Institutions – Revised - Orders – Issued
ANIMAL HUSBANDRY, DAIRY DEVELOPMENT & FISHERIES (FISH-II) DEPARTMENT
G.O.Ms.No. 10
Dated: 27.02.2004.
Read the following
1. G.O. Ms.No. 22, A.H.D.D.&F (Fish.II) Department, Dated 22.3.2003.
2. From the Deputy Secretary to Govt., PR&RD Department D.O. Lr.No. 7975/Mdl..I/1998, dated 5-11-2003.
3. From the Principal Secretary to Government, PR&RD Department D.O. Lr.No. 7975/Mdl..I/A2/98, dated 7-11-2003.
*****
O R D E R:
The 73rd Constitutional Amendment envisages devolution of powers to local bodies. As envisaged in the said amendment, the Government of Andhra Pradesh enacted a comprehensive law on Panchayat Raj Institutions entitled Andhra Pradesh Panchayat Raj Act, 1994.
2. Government have earlier issued orders regarding devolution of powers to local bodies. Government have reviewed the position based on representation, feed back and the cabinet sub-committee recommendations.
3. In super-session of the orders issued in the G.O. first read above, the following orders are issued delegating the powers to the Panchayat Raj Institutions/Municipal Bodies/ITDA areas as the case may be with immediate effect:-
The District Officer along with all subordinate staff responsible for performing developmental functions shall be under the administrative control of the Chief Executive Officer, Zilla Parishad/Municipal Commissioner/Project Officer, ITDA as the case may be and reporting to them in respect of all developmental functions of the department.
The District Officer along with subordinate staff responsible for performing technical and regulatory functions will be accountable and reporting to the Head of the Department in respect of all technical and regulatory functions.
For the ACR of the District Officer, the Chief Executive Officer, Zilla Parishad will be the reporting authority, District Collector the reviewing authority and the Head of the Department the accepting authority
The Zilla Parishad/Mandal Parishad/Municipal Body/ITDA will review all the developmental activities of the Fisheries Department at their respective levels. In respect of all technical matter, however, the departmental norms and specifications as prescribed by the Head of the Department shall be adhered to and the District Officer shall be taking instructions only from Head of the Department in matters relating to technical matters and regulatory functions, if any.
Funds relating to all the developmental programmes and schemes including centrally sponsored schemes shall stand transferred to the Zilla Parishad/Municipal Bodies/ITDAs. The drawing and disbursing officers for Zilla Parishad/Municipal Bodies/ITDAs will also draw the pay & allowances of the employees of the Fisheries Department.
4. All the Laboratories, Seed Production/Demonstration Farms and State Institute of Fisheries Technology, Kakinada, Fisheries Training Institute, Machilipatnam, IFTC, Warangal, Kurnool and Badampudi shall continue to be under the control of Head of the Department as they are Regional / State Level Institutions.
5. In respect for Fish Tanks in Gram Panchayats the following orders are issued for immediate implementation.
Leasing of Fisheries rights in Gram Panchayat tanks shall vest with Gram Panchayat only
Regarding other minor irrigation tanks under the control of irrigation department, Zilla Parishad /ITDA shall have the powers of fixing the annual lease amounts.
It is ordered to apportion the rental so realized on lease/auction of fishing rights in the tanks/reservoirs vested with the irrigation department in the following ratio.
Gram Panchayat
30%
Water Users Association
50%
Department of Fisheries (for development of fisheries and the programmes connected with it
20%
6. The Commissioner of Fisheries shall take necessary action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
P. RAMAKANTH REDDY,
PRINCIPAL SECRETARY TO GOVERNMENT
Contd.Page.No.3
Page.No.3
copy of
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
ESTABLISHMENT – SOCIAL WELFARE DEPARTMENT – Transferring of subjects -“(i) Tailoring Training Centres and Garments Production Centres and Promotion of crafts and trades (ii) Libraries in Scheduled Castes localities and (iii) Execution, Supervision and maintenance of community halls” to Panchayat Raj Local Bodies with effect from 01.04.1999 under provisions of 73rd and 74th of Constitutional Amendment - Orders – Issued
Under provisions of 73rd and 74th of Constitutional Amendment, the following subjects are hereby transferred to Panchayat Raj Local Bodies (Panchayat Raj Department ) with effect from 01.04.1999.
Tailoring Training Centres and Garments Production Centres and Promotion of crafts and trades;
Libraries in Scheduled Castes localities
Execution, supervision and maintenance of community halls while selection of places, sanctions and funds managements will continue to be with Government in Social Welfare Department
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
YOUTH ADVANCEMENT TOURISM & CULTURE (C.A.II) DEPARTMENT
G.O.Ms.No. 26.
Dated the 30th March, 1999
Read the following:-
*****
O R D E R:
As per Article 243-G and 243-W of the Constitution, the Legislature of a State may endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions of Self Government and such law may contain provisions for the devolution of powers and responsibilities upon local bodies at the appropriate level in regard to :
The preparation of plans for economic development and social justice
The implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule and twelth schedule
2. Accordingly, in tune with Constitutional provisions, the Andhra Pradesh Panchayat Raj Act, 1994 was enacted which has come into force with effect from 30.5.94.
3. The aim of the Constitution is to decentralize the administration upto the grass-roots level as it is believed that democracy is best helped by more democracy and not by less democracy and also that India which is presently as broadest representative democracy is to be transformed into a vibrant participatory democracy. The elected representatives of the local bodies are associated in some programmes of certain departments but the spirit of the constitution is that the programme should be implemented by the local bodies instead of local bodies merely getting associated with them.
4. Government after careful consideration of all the above aspects ad taking into consideration the recommendations of the Committee of Secretaries direct that the subject cultural promotion be transferred. However Gram Panchayats/Mandal Parishads/Zilla Parishads will carry out cultural activities with their own resources. If there is worthwhile capital / Infrastructural proposals, necessary proposals may have to be sent to District Cultural Council or State Government for support. The three layers of local bodies can formulate proposals and submit to State Government. In turn State Government will obtain funds from the Government of India if required.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
S.N. MOHANTY,
SECRETARY TO GOVERNMENT
To
The Director of Culture, Hyderabad
The Panchayat Raj and Rural Development
(Mdl.I) Department
The All the Collectors
The Municipal Administration ad Urban Development Department
The Finance and Planning (FW) Department
The Commissioner, Information and Public Relations Department
Copy to:
The Additional Secretary to Chief Minister
The M (WCW&CA)
The P.S. to Chief Secretary
The Special Officer
The General Administration (Cab) Department
The Secretary to Government, Y.A.T&C Dept.,
The S.F./S.C.s(15)
//forwarded by order// SECTION OFFICER
Contd. Page.4
Page.No.4
Copy of
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Women Development, Child Welfare & Disabled Welfare Department – Disabilities Act, 1995 – Survey of Disabled Persons – 73rd Constitutional Amendment – Devolution of Powers & Functions to Panchayat Raj Institutions - Orders – Issued
----------------------------------------------------------------------------------------------------------------- WOMEN DEVELOPMENT, CHILD WELFARE & DISABLED WELFARE (DW) DEPT
G.O.Ms.No. 26.
Dated:17-4-1999.
Read the following:-
From the Prl. Secretary to Government, Panchayat Raj & Rural Development Dept.D.O. Lr. No. 7975/MDL/1/98, dt: 4.2.1999.
*****
O R D E R:
As per Article 243-G and 243-W of the Constitution, the Legislature of a State may endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions to Self Government and such law may contain provisions for the devolution of powers and responsibilities upon local bodies at the appropriate level in regard to;
The preparation of plans for economic development and social justice
The implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule and Twelth Schedule
2. Accordingly, in tune with constitutional provisions, the Andhra Pradesh Panchayat Raj Act, 1994 was enacted which has come into force with effect from 30.3.1994.
3. The Department of Women Development, Child Welfare & Disabled Welfare Department is implementing the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995.The persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation ) Act, 1995 come into force from 1996. The main aim of the Act is to provide equal opportunities to the Disabled Persons, Providing of reservation in Education, Employment and to ensure their rehabilitation and participation in every sphere of life. The act can be fully implemented with community participation that can be best achieved if Panchayat bodies are involved in its implementation.
4. A detailed survey of the population to identify the exact number of disabled persons is essential for the Government in order to make specific plans for their rehabilitation. It is required to enumerate disabled persons in different categories in the villages, mandals and districts and to identify their specific needs.
5. Government after careful consideration have decided to entrust the following activities to the Panchayat Raj Bodies in the State:-
The monitoring of the implementation of the provisions of the Disabilities Act, 1995 and
To conduct survey of the Disabled persons in the State
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
CHANDANA KHAN
SECRETARY TO GOVERNMENT
Contd.Page.5
Page.No.5
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Forest Department – Devolution of powers, functions functionaries and funds to the Local Bodies – 73rd Constitutional amendment – Decentralisation for developmental purpose - Orders – Issued
----------------------------------------------------------------------------------------
ENVIRONMENT FORESTS SCIENCE & TECHNOLOGY (FOR.III) DEPARTMENT
G.O.Ms.No.50.
Dated: 23rd February, 2004
Read the following:-
1. Recommendations of the Cabinet Sub Committee on Devolution of powers to local bodies
2. G.O. Ms. No. 51, EFS&T Dept., dated 30.3.1999
3. State Forest Policy
4. G.O. Rt. No. 62 EFS&T Dept dated 5.3.2001
5. G.O.Ms. No.16, EFS&T Dept., dated 25.2.2003
6. G.O.Ms. No. 308, EFS&T Dept, dated 4.11.2003
7. G.O.Ms. No. 13, EFS&T (For. III) Deptt., Dt. 12.2.2002
*****
O R D E R:
Towards better implementation of the 73rd Constitutional Amendment for strengthening local bodies, the Cabinet Sub Committee on Devolution of Powers to local bodies have made recommendations. Accordingly, the subject of Social and farm forestry, is to be looked after by the Panchayat Raj Institutions.
2. In the G.O. 2nd read above, orders were issued devolving functions for preparation and implementation of Action Plans and to raise plantations on Panchayat waste lands, village community lands, on the road side canal bunds, besides distribution of nursery seedlings to the public and farmers of the economic empowerment of local bodies.
3. With a view to protecting the existing forestry resources, and to improve the productivity, for better employment opportunities, the government have spelt out a State Forest Policy by strengthening and extending the social forestry activity to non traditional, and non-forest areas. Accordingly, nurseries and plantations were undertaken along roads, canal bunds, on all waste lands, community land, tank foreshores besides promoting group farm forestry, Agro-forestry etc., with suitable species based onsite specific conditions.
4. In the GO 4th read above, further orders were issued permitting the sale of standing growth and to harvest the mature plantations raised in the past and transferred to the control of Gram Panchayats for harvesting, replanting, further protection, development and management for their economic empowerment and to replant the areas as they cannot be diverted for other purposes as per Forest Conservation Act, 1980, and recent Supreme Court directions.
5. In the G.O. 5th read above, orders were issued devoluting certain powers, functions and funds to the Panchayat Raj Institutions at Zilla Parishad level to ensure proper execution of works through the Deputy Conservator of Forests, Planning & Extension/Divisional Forest Officer, Social Forestry and to mobilize the funds of Social Forestry Schemes for raising seedlings for distribution and for plantations in community lands for sustainable development.
6. The Government have constantly been reviewing nursery raising, and tree planting programmes to promote afforestation activity in order to bring 33% geographical area under tree cover in conformity with National Forest Policy. In order to ensure strict monitoring on the survival of seedlings planted, orders were issued in the G.O. 6th read above to involve the Gram Panchayats in the process of seedling distribution, planting and survival monitoring for which a permanent “Uniform Plantation Register” shall be maintained at Gram Panchayat level. They should ensure proper distribution of the seedlings and their accountability by supplying the same to the local needy people/farmers/institutions etc.
7. Over a period of time, for the last 2 decades the Forest Department has been undertaking developmental functions outside the reserve forest areas also by raising extensive plantations. The State Government have also been successfully practicing participatory peoples forestry management through the institutions of Vana Samrakshana Samithies (VSS) which is one of the best rated “self help groups” in protecting, developing and managing forest resources and products very effectively. Thus the local people’s participation is ensured and community empowerment is continuously stepped up. Accordingly, the Gram Panchayats were assigned with functions of effective advisory role in proper implementation of the community forest management vide G.O. 7th referred to above.
8. In order to fulfill the spirit of the 73rd Constitutional Amendment, and, in accordance with the recommendations of the Cabinet Sub-Committee, the Government, after careful examination, have decided to further decentralize the activities and transfer all functions related to “social and farm forestry” to the Z.P. Accordingly, Government hereby issue further orders devoluting the following duties and responsibilities and powers to the local bodies i.e. Gram Panchayats, Mandal Parishads and Zilla Parishads to ensure local responsibility for better protection, maintenance, further creation, development and management of the assets (plantations) newly created and already existing social forestry resources like nurseries and all plantations raised on community lands, village common lands, tank foreshores, road side avenues, railway lines, canal bund plantations and fodder and fuel plantations etc, for their economic empowerment.
8.1. The Dy. Conservator of Forest,P&E/Divisional Forest Officers Social Forestry functioning from the O/o. Dy. CF, P&E, are placed under the control of CEO, Z.P.s at District level and accordingly, the executive staff i.e. Forest Range Officers, Forest Section Officers, presently working in the Social Forestry Wing of A.P. Forest Department in the district will continue to work under the control of the Dy. CF (P&E) whose services are placed at the disposal of Z.P.s with immediate effect. The Dy. CF, P&E shall continue to attend to the matters referred to him by the Regional Conservator of forests /Principal Chief Conservator of Forests
8.2. Initially, for drawing the pay and allowances of the above staff, the existing procedure will continue. The social forestry wing (Dy. CF, P&E and his staff) who are on deputation to Z.Ps will execute the works for the funds released through Z.Ps in accordance with guidelines and provisions of the Scheme under the technical guidance of the Regional CF having jurisdiction. The Dy. CD, P&E shall also follow the circular instructions or guidelines issued by the Prl. CCF, in execution of works in order to have continuity of thought and action. Detailed functions and funds devoluted to Z.P. and the services of functionaries at District level are shown in Annexure – I
9. The Mandal Parishads are devoluted with the functions and responsibility to guide the Gram Panchayats in preparation of “Annual Social Forestry action plans:, obtain them, and after due scrutiny, submit the “Mandal Consolidated social forestry annual action plans” of nurseries and plantations to the Zilla Parishads for approval.
9.1. They will also undertake the responsibility of obtaining indents from farmers and other in their jurisdiction for supply of seedling and ensure proper management, Nursery Planning, raising and distribution of seedlings as per the norms fixed from time to time and their accounting, besides identification of suitable locations for successful planting.
9.2. They will also act as a bridge between the Gram Panchayats functionaries and the Zilla Parishad level functionaries in order to see that the powers and functions with regards to “social and farm forestry” so devoluted are properly performed without contravening any relevant Central or State Acts/Rules. Detailed functions, duties, responsibilities, funds & services of functionaries devoluted are shown in Annexure – II
10. At Gram Panchayat level, the Forest Section Officers and the Panchayat Forest Extension Workers, (to be engaged by the Gram Panchayats) shall identify suitable locations for raising nurseries and plantations. All such locations shall be listed and successful plantations raised in due course of time to bring greenery in all vacant lands. The Gram Panchayat/Gramasabha shall also undertake grass root level social forestry planning exercises by involving all people, peoples representatives, NGOs, local elders, self help groups like DWCRA, VSS, Water User Associations and Water Shed Committees etc., The nursery planning should be done strictly based on the demand surveys already conducted/or otherwise the same should be conducted by them. The surveys conducted by other agencies like National Green Corps (NGC), Forest Dept., should also be taken into account.
10.1. Gram Panchayat wise nursery and plantation action plans be prepared and submitted to the Zilla Parishads through Mandal parishads for their approvals.
10.2. They are also empowered to exercise the powers if any vested under WALTA and other related Acts, to deal with offenders indulging in unauthorized cutting of trees or pilferage of tree growth from Government owned or community owned lands
10.3. They should ensure proper and effective enforcement of all the laws/Acts/Rules related to trees and other natural resources.
10.4. In discharging such functions, nothing adverse or contravening the existing rules, laws local/central/state pertaining to forests/trees and waste lands and other Natural resources shall be committed. The detailed functions, services of functionaries and funds devoluted to Gram Panchayats are shown in Annexure – III
11. At State level, the Principal Chief Conservator of Forests will be the Chief Nodal Officer assisted by the Chief Conservator of Forests concerned, in collection of information from the Regional Conservators of Planning & Extension, Social Forestry and submit the same to the Government. He shall extend guidance and advice on all technical matters and give suitable suggestions on the policies and plans related to “social and farm forestry” and its effective implementation.
12. The Principal Chief Conservator of Forests shall have control over the Regional Conservators of Forests, P&E, (Social Forestry) who will be located at the Regional headquarters. The Regional conservators of Forests will coordinate with the Zilla Parishads through their Dy. CFs (P&E) whose services are placed at the disposal of Zilla Parishads.
12.1. The Regional Conservators of Forests will accord technical sanctions to the action plans prepared by the Dy. CFs, P&E and after technical approval forward the same to the Zilla Parishads through the Dy. CFs, P&E for according administrative approval for their implementation
12.2. The technical scrutiny of the estimates and sanctions will be strictly in accordance with the existing system in vogue as per the relevant provisions of financial and forest codes. The Dy. CFs P& and his staff will continue to carry out technical scrutiny and accord approval of estimates with in their competency as applicable under the existing G.O.s, codal provisions and accord technical sanctions to the nursery and plantation action plans. The estimates beyond the limit of the Dy. CF (P&E) will be taken up by the Regional CF, P&E (Social Forestry) for their technical scrutiny and approval, as is the existing practice. After obtaining technical approvals, the Z.P.s will accord administrative approval, and, execute the same through the functionaries Mandal Parishad and Gram Panchayat level.
12.3. The Dy. CF (P&E)/DFO (SF) will be responsible for accounting of the funds released to him by ZPs and also for supervision, execution/implementation, monitoring and evaluation of the works for the schemes approved by the ZPs.
13. The Forest Range Officers, P&E Divisions will continue to be in the same headquarters. The Zilla Parishad can, however, change their headquarters & jurisdiction in consultation with the Regional Social Forestry conservators and with the final approval of Principal Chief Conservator of Forests. If necessary, these functionaries will have jurisdiction over 10 to 15 mandals in each district on an average.
14. The next level of forest functionaries at G.P level i.e. Forest Section Officers with coordinate the activity at Gram Panchayat level.
15. The Panchayats shall have absolute ownership rights over the MFP/NTFP, that is obtained from trees grown or existing on Government owned local body owned community lands, within the jurisdiction of Panchayats, excluding the Reserve Forest areas. They shall also help/assist in NTFP marketing to create better marketing avenues to the local tribal communities, VSS people, and other self help groups entrusted with the protection, development and management of the forestry resources.
16. With regards to service matters, the ACRs of Dy. CF, P&E whose services are placed with the ZP may be initiated by the CEO, ZP concerned which will be routed through the District Collectors to the Regional CFs for their counter signing as counter signing authority. For other forest functionaries, the Dy. CF will be the authority to write their ACRs.
17. With reference to any irregularity committed by the Dy.CFs, P&E, the CEO, ZP may report to the Regional CF, P&E having jurisdiction who in turn will initiate necessary action. However, the final decision for imposing penalities/punishments, if any, will be under taken by the Appointing Authority as per CCA Rules. In respect of other functionaries under the control of the Dy. CF, P&E, upto the level of FSO, the Dy. CF and the CF, P&E will be the disciplinary authorities and they will follow the existing CCA Rules.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
T. CHATTERJEE,
PRINCIPAL SECRETARY TO GOVERNMENT
Contd.Page.6
Page.No.6
ANNEXURE – I
DEVOLUTION OF FUNCTIONS, FUNCTIONARIES AND FUNDS AT DISTRICT LEVEL – ZP LEVEL
I. FUNCTIONS:-
1.Mobilisation of financial resources for Nursery & Planting Activity:
Financial Functions:
Mobilisation of financial resources for “social and farm forestry” activities such as nursery raising, tree plantations on community lands, other Government land, porambokes, all vacant institutional premises like Schools, Colleges and other Government/Private offices, and , along roads, railway lines, canal bunds, etc., including supply of seedlings to the needy people, farmers and institutions
Financial Sources:
Funds released through the ZP
By sale of quality fruit NTFP grafts & ornamental seedlings to the needy farmers/industries/institutions and others
By sale of produce from mature plantations raised on community land plantations like tank fore shore and other lands in which plantations were raised in the past and as per the permission accorded and guidelines vide G.O. Rt. No. 62, Dated: 5.3.2001. The funds so mobilized shall be released & utilized for only Nursery & Plantation works as prescribed
Internal generation by creating a “Revolving Fund”
User charges if any
Funds:
The funds meant for social forestry schemes with the Zilla Parishad shall be placed at the disposal of the CEO, ZP who in turn will further release the same to the Dy. CF (P&E) to implement the approved action plans.
Planning functions:
The ZP level functionaries ie. CEO, ZP assisted by the concerned Dy. CF (P&E)/DFA(SF) shall obtain consolidated Annual Gram Panchayat wise nursery action plans through the Mandal Parishads, or otherwise, scrutinize them and accord necessary administrative approvals well in advance as per the seasonality/calendar of operations, after obtaining technical approval by Dy. CF/CF, P&E. The plans will then be placed along with funds to the functionaries at ZP level for its implementation by following usual procedures
2. Empowerment and capacity building to the local bodies:
The Z.P. should conduct for the functionaries training programmes on the related subjects as mentioned below by using the technical expertise of departmental functionaries and Nation Green Corps
Maintenance of Records & data for Monitoring & Evaluation
Establishment of Central Nurseries
Establishment of clonal multiplication areas to produce high quality grafts clones etc.
Involvement of Woman SHG/VSS groups and schools for Nursery raising, distribution of seedlings by sale etc, for self employment
2. B. PLANTATIONS:
Techniques of raising various types of plantations
Enumeration, sampling and online monitoring
Harvesting techniques and usufruct sharing mechanism
Financial management and ploughing back mechanism for regeneration/replanting the areas after harvesting and for further development, creation, protection and management of resources (plantations) created for sustainable development
Environmental awareness building and environmental resources monitoring
3. Identification of suitable planting locations for planting:
Getting suitable planting locations identified for planting/afforestation as mentioned below and take steps for tree planting in all Government and other institutions at District & Mandal level:
Community lands for commercial plantations purpose
All other vacant lands (un reserves, village porambokes, village common lands) for fuel, fodder and timber plantations
All the road margins (highways, major dist/panchayat roads) for raising, recreation forestry for tourism and aesthetic purpose
Identification of suitable farmers and locations for practicing farm forestry, group farm forestry, and agro forestry and agro horticulture etc.,
Identificatio of suitable sites for practicing Eco-tourism in a regulated manner, preferably through identified VSS/DWCRA/CMEY Self Help groups
Roadside margins for Avenue Plantations
Canal bank areas with suitable species
Railway lines with suitable liner species
Institutional premises such as schools, colleges, residential schools, hostels, Ashram schools, hospitals, and all other Govt/Semi/Non-Govt office premises for beautification/plantations
Industrial areas/premises plantations to combat pollution to create Green Belts
Creation of Karthikavanams for aesthetic purpose and tree promotion through Vrikshapooja dn Vanabhojanams
4. Accountability:
The ZP level functionary shall ensure successful & qualitative nursery & plantation raising, proper accounting of the seedlings, proper maintenance of distribution registers, proper distribution and supply the data to the GPs through MPDOs as per the G.O.Ms. No. 308, dated: 4.11.2003
5. To ensure proper execution/implementation, supervision, monitoring and evaluation of nursery and plantation activities and obtain proper and accurate data on seedlings survival and ensure in putting the data on-line as per the G.O.Ms. No. 308, Dated: 4.11.2003 with the help of NGC
6. Proper auditing and accounting of the funds released to local bodies for absolute transparency and accountability. The Dy. CF, P&E shall also be responsible for this for the funds released to him by the Z.P.s
7. To review the progress of the Social and farm forestry activities i.e. nursery raising and plantation programmes periodically to ensure its proper and effective implementation and execution in a successful and qualitative manner for sustainable development
8. To ensure to create durable community assets ie. Plantations to the local bodies for sustainable investment of funds, by way of harvesting of the produce and ploughing back the funds for regeneration and recreation of assets for sustainable development
9. II. FUNCTIONARIES:
The Dy. CF, P&E shall be accountable for Z.P. The Forest Department functionary at district level ie., CF (P&E) & Dy. CF, P&E/DFO (SF) shall work in close coordination with CEO, ZP for all practical purposes and assist the CEO in discharging the functions mentioned in this order.
After Action Plans are obtained and approved, the CEO, ZPs will release the necessary funds to the Dy. CF, P&E/DFO, SF for execution of the nursery and plantations works through the functionaries placed at the disposal of the local bodies. The Dy. CF/DFO will account for the funds received and utilized
Contd.Page.7.
Page.No.7
ANNEXURE –II
DEVOLUTION OF FUNCTIONS, FUNCTIONARIES AND FUNDS AT DISTRICT LEVEL – MANDAL LEVEL
I. FUNCTIONS: The Mandal Parishads shall look after the management of nurseries and plantation activity including that of fruit yielding trees
Preparation of Mandal wise Action Plans on NURSERY and Plantation raising. Collection of data on suitable locations for afforestation
Proper supervision and better implementation of nurseries and plantations including horticulture
To ensure better implementation of the nursery and plantation action plans approved
Conducting Training Programmes to grass root level functionaries to build up capacity of the local bodies
To identify all the suitable locations for planting and prepare inventory and shelf of Mandal Social Forestry Action Plans at Mandal Level
To conduct demand survey for raising quality nurseries for better utilization.
Compile and supply accurate data on seedlings survival monitoring as per G.O. Ms. No. 308, dated: 4.11.2003
To better utilize the services of forest functionary i.e. Forest Range Officers in planning, execution/implementation and supervision of all Social Forestry and Farm Forestry activities.
To identify and encourage adequate small/marginal farmers including SC/ST/BC, and woman Self Help Groups, to practise farm forestry, group farm forestry and agro forestry through proper extension methods to promote the activity as per Forest policy.
To review and guide the GPs in planning of nursery and planting activity for promotion of greenery.
II. FUNCTIONARIES:
1. Forest Range Officers:
Under the control of Planning & Extension (Social Forestry) Division, on an average there are 3-4 FROs for entire district. All the mandals shall be conveniently divided among each FRO @ 10-15 mandals for effective supervision.
The FRO will assist the mandals in all the functions mentioned above
There shall be a minimum of 12-16 FSOs available on an average in each district
Each FSO will be allotted 3-5 mandals on an average, who will be over all in-charge of the functions at the mandal level as well as GP level
Necessary infrastructure, communication and conveyance facility shall be provided by ZP to these functionaries for effective implementation of the ongoing schemes
III. FUNDS:
Funds for the purpose of Social Forestry are devoluted/released as per the action plans approved to the functionaries for implementation by Z.P.
ANNEXURE – III
DEVOLUTION OF FUNCTIONS, FUNCTIONARIES AND FUNDS AT GRAMPANCHAYAT LEVEL
I. FUNCTIONS:
Conduct inventory on suitable locations for planting/afforestation on all vacant Government lands, excluding Reserve Forest areas. They shall have ownership right over the trees existing in Government lands within the limits of G.P. as mentioned below.
All community lands
All major, minor & PR, Irrigation/small tank foreshores
All un reserve vacant lands
All Tank foreshore, lands (Minor irrigation & Panchayat tanks)
All Hill porambokes
All Roads (District, Rural and State/National Highways) margins
All Canal Banks for Afforestation
All Railway lines areas for linear strip plantations
All Institutions such as Govt. Non-govt., Local bodies, Market yards. Educational Institutions like schools, colleges, residential schools, (Ashram Patasalas), Hostels, Hospitals and other institutions
All Industrial establishment areas
Any other vacant land that is fit for planting
The information to MP & ZP through their functionaries along with plans for afforestation should be furnished by G.Ps
Preparation of suitable Nursery action plans based on the demand survey conducted
Preparation of suitable planting Annual Action Plans and prospective plans for afforestation on all vacant lands identified to reach 33% green cover and to furnish the same to ZP through Mandal Parishads.
Take up planting activity as per approved action plans through Functionaries
To promote and raise decentralized people’s nurseries through
School Children / School committees
Women groups/DWCRA/VSS Woman SHGs
Other Self-help group
Through the functionaries placed at the disposal of MPs and GPs
Ensure proper nursery raising as per approved action plans and distribution to needy people/farmers and institutions based on demand survey.
Maintain proper uniform “Nursery Distribution Registers” with full details of persons/farmers/institutions receiving the seedlings with their addresses and land survey No. as per G.O. Ms. No. 308, Dated: 4.11.2003
Maintain a permanent “Plantation Registers” with full details in each G.P.
Maintain “Bio diversity Registers” with full details in each G.P.
To carry out planting activity on all the vacant sites identified and as approved by ZPs by Forest functionaries
To ensure proper protection, development, conservation of all plantations raised in community lands, un reserves and tank foreshore and institutions by playing proper role as per relevant acts like WALTA/G.P. Act. Etc.
To raise fuel, fodder and small timber plantations on all vacant Government lands to cater to the needs of local communities
To raise fodder plots in each Gram Panchayat on vacant lands with suitable fodder species like Avicinia, Seemachinta, Subabul, Neem, Albezla, etc., and regulate the supplies to shepherds and goat rearers by collecting suitable fees for “Revolving Fund”
To raise Recreation forestry in suitable vacant lands for aesthetic purpose of society to create facility to people to have love for nature through ‘Karthikavana bhojanams’.
To promote by identifying and developing the Eco-tourism spots locality for the local use, by encouraging self help groups like VSS, who may charge for the service/facility
To ensure proper seedling distribution and to carry out proper monitoring & evaluation of all plantations raised and supply the “data” to all enumerating agencies like NGC & others for inputing the survival percentage data online
Sarpanch to chair the VSS Advisory committee and help the SHg in micro planning, exercises and related N.T.F.P., value addition and marketing as per G.O.Ms. No. 13, Dt: 12.2.2002
To prepare proper and methodical “harvesting plans” of all mature plantations in conformity with the sericultural principles and replant them following due procedures as prescribed in the G.O.Ms. No. 62, Dt. 5.3.2001. The planting areas should not be diverted for other purpose, other than plantations.
FUNCTIONARIES:
Forest Section Officers services are placed at the disposal of GPs
On an average, each FSO will be allotted 3-5 mandals with a centrally fixed headquarters
The concerned FSO designated, who is under control of the FRO concerned, shall be in charge of all the GPs in those allotted mandals
It is advised that at least one Forest Extension Worker for 4-5 GPs who is qualified well trained and experienced in nursery and plantation matters can be engaged on contractual basis to look after nursery and plantation activity under the control of GPs for effective implementation and supervision. The erstwhile (VFWs) Village Forest Workers can be engaged for this purpose, if found suitable
III. FUNDS:
Devolution from the district/ZP level as per their due share as approved
Devolution from MP level, if any
Revolving funds created with the sale proceeds of nursery seedlings sold and other services charged etc.
Due share earmarked under CSS (streams)/State schemes/sponsors
Cess collected if any from regulated grazing on community lands etc
50% sale proceeds of community land plantations harvested as per the approved harvesting plans by following due procedures
Promote local Eco-tourism and fees collected
Fines collected from the offenders or violators of laws governing the trees/forests as per relevant acts if any admissible
Any other resource as prescribed and approved by Govt., from time to time like “User Charges” etc.
T. CHATTERJEE
PRINCIPAL SECRETARY TO GOVERNMENT
Contd.Page.8
Page.No.8
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
EFS & T DEPT – 73rd and 74th Constitutional Amendments - Devolution of powers and functions to Panchayat Raj Institutions –Orders – Issued
-----------------------------------------------------------------------------------------------------
ENVIRONMENT, FORESTS, SCIENCE & TECHNOLOGY (FOR.III) DEPARTMENT
G.O.Ms.No. 51.
Dated: 30.03.1999
*****
O R D E R:
As per Article 243-G and 243-W of the Constitution, the Legislature of a State may endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions of Self Government and such law may contain provisions for the devolution of powers and responsibilities upon local bodies at the appropriate level in regard to.
the preparation of plans for economic development and social justice
the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule and twelfth schedule
2. Accordingly, in tune with Constitutional provisions, the Andhra Pradesh Panchayat Raj Act, 1994 was enacted which has come into force with effect from 30.5.1994.
3. The aim of the constitution is to decentralize the administration up to the grass-roots level as it is believed that democracy is best helped by more democracy and not by less democracy and also that India which is presently a broadest representative democracy is to be transformed into a vibrant participatory democracy. The elected representatives of the local bodies are associated in some aspect or other in respect of some programmes of certain departments but the spirit of the Constitution is that the programme should be implemented by the local bodies instead of local bodies merely getting associated with them.
4. To make the local Bodies Institutions a Self Government the Government has deliberated on the various issues that would strengthen the Panchayat Raj Bodies in their functioning and in augmenting their resources at the grass-root level, therefore it is felt necessary to transfer of subjects to Panchayat Raj Local Bodies
5. Government after careful consideration of all the above aspects and taking into consideration the recommendations of the Committee of Secretaries direct that the following subjects of this Department be transferred to the control of Zilla Parishads/Mandal Parishads Gram Panchayats w.e.f.1.4.1999.
Social and farm forestry, covering forestry activities in waste lands, Panchayat lands, village community lands and plantations on the sides of roads, canals banks and railway lines, by raising of nurseries and plantation for their own utilization and also for distribution to the public including institutions etc. Protection and management of these nurseries and plants hereafter will be done by Panchayat Raj Bodies.
All fuel and fodder plantations raised outside the notified forests, including foreshore plantations. Future management of these plantations will be with the local bodies
6. The budget, hereafter, for above activities will be released by each District Collector under EAS/JRY programme to the Zilla Parishad instead of Divisional Forest Officer. This will be credited to a separate new account of Zilla Parishad which will be a joint account to tbe operated by CEO, ZP and Divisional Forest Officer concerned. This activity will be reviewed by the relevant Committee of Zilla Parishad instead of the District Forestry Committee. It shall be the responsibility of the PR Bodies to ensure effective plantation and utilisation of the money in the true spirit of the Constitution and the Act mentioned above.
7. Pending a final decision on the alternative staff for such activity, the ZP may take the help of Forest Department in raising the nurseries in accordance with the guidelines to be issued shortly
8. As regards fuel wood and fodder developed through forestry activities outside the notified forests, it is decided that all such assets shall be handed over to the ZPs/MPs/GPs for further maintenance and management, as and when they are ready for taking over.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V.P. JAUHARI,
PRINCIPAL SECRETARY TO GOVERNMENT
Contd.Page.9
Page,No.9
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Employment & Training – Devolution of Powers to Panchayat Raj Institutions - Orders – Issued
LABOUR EMPLOYMENT TRAINING AND FACTORIES (EMP) DEPARTMENT
G.O.Ms.No. 57
Dated:11-12-2002
Read the following:-
1. D.O. Letter No. 7975/Mdl.l/A2/02 dated 02.09.2002 of the Secretary to Govt. P.R. & R.D. Dept., A.P. Secretariat
2. D.O. Letter No. 7975/Mdl.l/A2/02 dated 04.09.2002 of the Secretary to Govt. P.R. & R.D. Dept. A.P. Secretariat
3. From the Director of Employment and Training Letter No. /MISC/2002, dated 19.08.2002
4. D.O. Letter No. 648/Emp. A2/2002-3 dated 25.9.2002 of Principal Secretary to Govt. L.E.T & F. Dept.
5. D.O. Lr. No. 7975/Mdl.l/A2/02 dated 09.10.2002 of Secretary to Govt. P.R. & R.D. Dept. A.P. Secretariat
*****
O R D E R:
Government have been considering the devolution of powers to Panchayat Raj Institutions in respect of Technical training. There are 82 I.T.Is under the Directorate of Employment and Training on All India Pattern. The Examinations are conducted by the Director General of Employment and Training, Government of India through the Directorate of Employment and Training, Hyderabad. In I.T.Is all the posts except Class-IV of Last Grade Services, Librarian, Pharmacist Grade-II, Dresser and Junior Assistant/Typist, are zonal posts. Class-IV posts are unit posts and Librarian, Pharmacist Grade-II, dresser, Junior Assistant and Typist are District posts. The funds are released to each I.T.I by the Head of the Department i.e., Director of Employment and Training, Andhra Pradesh, Hyderabad.
The Government after careful consideration directs that the staff covered under the District posts may alone be brought under Zilla Parishad. The other posts shall continue to be under the control of Regional Officers and Director of Employment and Training. The Planning, monitoring and release of funds may be done only by the Director of Employment and Training as at present. Public representative may however inspect these I.T.I.s and suggest ways and means to improve their working.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
A.RAGOTHAM RAO,
PRINCIPAL SECRETARY TO GOVERNMENT
Contd.Page.10
Page.No.10
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
CIVIL SUPPLIES – Devolution of powers and functions in respect of Public Distribution system to Panchayat Raj Institutions under Article 243-G of the Constitution - Orders – Issued
FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS (CS.1) DEPARTMENT
G.O.Ms.No. 77
Dated: 06.08.1998
Do. Lr. No. 30922/Mdl.I/A2/98, dt: 2.7.98 of the Prl. Secretary, Panchayat Raj & Rural Development Dept., A.P., Hyderabad.
*****
O R D E R:
Article 243-G of the Constitution as amended in the 73rd amendment envisages, among others, devolution of powers on Panchayat Raj Institutions for the implementation of schemes for the economic development and social justice, including those matters listed in the Eleventh Schedule to the Constitution. “Public Distribution System” is one of the matters included in the Eleventh Schedule.
Keeping this in view, the matter relating to devolution of powers in respect of Public Distribution System has been examined by the Government. It is observed that it has been the intention of the State Government to entrust the Panchayat Raj Institutions with the function of Vigilance Body in respect of Public Distribution System. In G.O.Ms. No. 439, Food & Agriculture (CS.IV) Dept., dt: 24.10.81, the Gram Panchayats were entrusted the function of Vigilance Body within the Panchayat area. Subsequently, at the time of reconstitution of Food Advisory Committees in G.O. Ms. No. 470, Food & Civil Supplies (CS.IV) Dept., dt: 10.11.95, membership was provided to Chairperson, Zilla Parishads; Presidents, Mandal Parishads, Members of ZPTC; Chairpersons o Municipalities, Sarpanch and Members of Mandal Praja Parishad Territorial constituency and Councillors/Corporators of Municipalities and Municipal Corporations in the various Food Advisory Committees at appropriate levels. It was also ordered that the notifications issued to fill up the vacancies for Fair Price Shops, copies of allotment orders of essential commodities shall be sent to elected representatives of Panchayat Raj Bodies besides making it obligatory to exhibit these notifications as well as allotment orders in the notice boards of the Gram Panchayat Offices. Orders were issued in Govt. Memo. No. 62540/CS.II/90-1, dt: 5.11.90, that Civil Supplies matters may also be reviewed in the meetings of the Mandal Praja Parishads. Thus, at every level the functioning of Public Distribution System has been brought within the ambit of vigil and review of the Panchayat Raj bodies. However, in view of the amendments brought to the Constitution, devolving “Public Distribution System” (PDS) to Panchayat Raj Institutions, Government consider it necessary to codify the various instructions covering these aspects. Accordingly, the following comprehensive instructions are issued for strict compliance:
I. Zilla Parishad:
Review the functioning of the Public Distribution System at the Zilla Parishad General body meetings
The Zilla Parishad Chairperson being a Member of the Mandal Food Advisory Committee shall participate in the discussions, bring to the notice of the Chairman of the Mandal Food Advisory Committee, any deficiencies and also suggest measures for further improvement of Public Distribution System
II. Mandal Praja Parishad:
Review the functioning of the Civil Supplies matters in the Mandal Praja Parishad meetings
The President, Mandal Praja Parishad being Member of the Mandal Food Advisory Committee shall participate in the discussions and bring to the notice of the Chairman of the Committee any deficiencies and also suggest measures for further improvement
Members of the Mandal Praja Parishad Territorial Constituency being Members of Fair Price Shop level Food Advisory Committee can participate in the discussions and point out any deficiencies and also make suggestions for further improvement
III. Gram Panchayats:
The Sarpanch being the Chairman of the Fair Price Shop Food Advisory Committee shall convene the meetings of the said Committee every month for each shop on the first of the month. In case there are more than 3 Fair Price Shops in the Gram Panchayats, he shall convene the meeting Shops in the Gram Panchayat, he shall convene the meeting of half or nearly half of the Fair Price Shops on the first of the month and for the remaining Fair Price Shops on the second of the month. He shall send the minutes of the meeting to the Mandal Revenue Officer.
Gram Panchayat shall review the functioning of Fair Price Shops in the Panchayat review meetings and call Fair Price Shop dealers as a special invitees for these review meetings
The following shall be exhibited in the notice boards of the Gram Panchayat:
The notifications of vacancies of Fair Price Shops
Copies of orders allotting essential commodities to the Fair Price Shops;
List of cards attached to the Fair Price Shops in the Gram Panchayat;
Details of prices and quantum per card of essential commodities
IV. General:
Gram Panchayat shall act as a Vigilance Body for the Public Distribution System within the Panchayat area
Copies of orders allotting essential commodities to various Mandals shall be sent by the Collectors to the Chairman, Zilla Parishad; and Presidents, Mandal Praja Parishads
Two copies of orders allotting commodities to Fair Price Shops shall be sent by the Mandal Revenue Officer concerned to the Sarpanches of Gram Panchayats
Mandal Revenue Officers shall send lists of cards attached to each shop to the Sarpanches
Mandal Revenue Officers shall send details of prices and quantum per card of essential commodities of the Sarpanches
Gram Panchayat shall identify from the list of cards attached to each shop bogus cards and inform the same to the Mandal Revenue Officers
Gram Panchayat shall arrange painting of the prices of Public Distribution System commodities on the walls of Gram Panchayat Offices
Gram Panchayat shall arrange for publicity of the quantities and prices of the commodities allotted and available for distribution at the Fair Price Shops
Panchayat Raj Department are requested to issue appropriate instructions to the functionaries of Panchayat Raj bodies and officials of the Panchayat Raj Department and see that the instructions issued are effectively implemented.
All the Collectors are requested to see that the above instructions are followed scrupulously provide all assistance necessary so that the Panchayat Raj Institutions and functionaries could discharge their duties effectively in respect of Public Distribution System.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
H.S. BRAHMA,
EX. OFFICIO SECRETARY TO GOVERNMENT
Contd.Page.11
Page.No.11
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
NON-CONVENTIONAL ENERGY DEVELOPMENT CORPORATION OF ANDHRA PRADESH – Devolution of Powers and Functions to Panchayat Raj Institutions involving of local bodies – 73rd and 74th Constitutional Amendments - Devolution of Powers and functions to Panchayat Raj Institutions - Orders – Issued
ENERGY (RIS) DEPARTMENT
G.O.Ms.No. 80.
Dated: 4.9.1998
Read the following:-
*****
O R D E R:
As per Article 243-G and 243-W of the Constitution the Legislature of a State may endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions of Self Government and such law may contain provisions for the devolution of powers and responsibilities upon local bodies at the appropriate level in regard to :
The preparation of plans for economic development and social justice
The implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule and twelth schedule
2. Accordingly, in tune with Constitutional provisions, the Andhra Pradesh Panchayat Raj Act, 1994 was enacted which has come into force with effect from 30.5.1994
3. The aim of the Constitution is to decentralize the administration up to the grass-roots level as it is believed that democracy is best helped by more democracy and not by less democracy and also that India which is presently a representative democracy is to be transformed into a vibrant participatory democracy. The elected representatives of the local bodies are associated in some aspect or other in respect of some programmes of certain departments but the spirit of the constitution is that the programme should be implemented by the local bodies instead of local bodies merely getting associated with them.
4. To make the Local Bodies Institutions, a Self Government; it is felt necessary to devolve funds, Functions and transfer of functionaries from the Government to the Local Bodies
5. Government after careful consideration of all the above aspects and taking into consideration the recommendations of the Committee of Secretaries direct that the following subjects of Planning, Review of Progress and monitoring of Biogas, and Improved Chulhas and National Project on Biogas Development and National Project on Improved Chulhas shall be entrusted to Zilla Parishads
6. Government also decided that wherever the jurisdiction is not in consonance of the existing Mandal System, that jurisdiction should be re-organised to suit the existing Mandal System.
7. This order issues with the concurrence of Finance & Planning Department vide their U.O. No. 34343/58/RM&FC/98, dated: 2.9.1998
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V.S.SAMPATH,
SECRETARY TO GOVERNMENT
Contd.Page.12
Page.No.12
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
ANDHRA PRADESH KHADI AND VILLAGE INDUSTRIES BOARD–Selection of beneficiaries and disbursement of funds under various Industries/Schemes launched by Khadi and Village Industries Board – Devolution of powers and functions to Panchayat Raj Institutions - Certain Orders – Issued
INDUSTRIES & COMMERCE (TAX) DEPARTMENT
G.O.Ms.No. 97.
Dated the 31-3-1999.
Read the following:-
From the Chief Executive Officer, Andhra Pradesh Khadi and Village Industries Board D.O. Letter No. SIS/APKVIB/Identification/91-92/97, dated 30.5.1997
Note from the Prl. Secretary to Government, Panchayat Raj and Rural Development Department, dated 20.3.1999
*****
O R D E R:
The Andhra Pradesh Khadi and Village Industries Board which is a body corporate created under the Andhra Pradesh Khadi and Village Industries Board Act, 1958 (Act IV of 1959). The main objectives of the Board in general are to plan, organize, implement the programmes for the development of khadi industry in the State providing marketing facilities, extending technical assistance and also financial assistance for setting up of various industries in the State. The Board provides finances as a prime object, to the industries in the villages with an aim that the artisans do not migrate from villages to urban areas and to elevate them from the poverty line. As per the pattern of Khadi and Village Industries commission, the Board is extending financial assistance to different types of schemes and industries.
2. The State Government have issued orders from time to time based on the experience gained in the past in regard to adoption of procedure for the identification of beneficiaries under Khadi and Village Industries Sector
3. As per the constitutional provision, the State Government by undertaking legislation have been empowered to endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions of Self government. Accordingly the State Government have enacted the Andhra Pradesh Panchayat Raj Act, 1994 which has come into force with effect from 30.5.1994
4. Keeping in view the scheme of the said Act and the policy of the State Government to decentralize the administration upto the grass roots level, the State Government have decided to strengthen the Panchayat Raj Bodies in their functioning and with the above objective State Government have identified certain areas including the Khadi and Village Industries under the Andhra Pradesh Khadi and Village industries Board Sector. It have been felt necessary to involve the appropriate authorities of local bodies in the selection of artisans/beneficiaries, under the Andhra Pradesh khadi and Village Industries Board.
5. Accordingly, the Government pending amendment to the various orders issued in the past in the matter in consultation with the Chief Executive Officer, Andhra Pradesh Khadi and Village Industries Board, hereby issue the following orders, which shall come into force with effect from 1-4-1999.
Beneficiaries under Khadi and Village Industries scheme shall be selected by the Grama Sabha
Releases of subsidies margin money shall be made after certification by the concerned Gram Sarpanch about proper implementation of the scheme
The Chairman, Zilla Parishad of the concerned District shall be the Chairman of the District Level Committee on review of the implementation of the various programmes of Andhra Pradesh Khadi and Village Industries Board
6. The Chief Executive Officer, Andhra Pradesh Khadi and Village Industries Board and appropriate authority in the Panchayat Raj and Rural Development Department shall take necessary action accordingly in the matter. They shall also give wide-publicity to the orders issued
7. The Chief Executive Officer, Andhra Pradesh Khadi and Village Industries Board is directed to furnish proposals for amending the orders issued in the past keeping in view the orders now issued. The Chief Executive Officer, Andhra Pradesh Khadi and Village Industries Board shall examine the issuance of consolidated orders in regard to the identification of artisans/beneficiaries and providing finances, superceding the earlier orders and submit proposals.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
SHEELA BHIDE,
PRINCIPAL SECRETARY TO GOVERNMENT Contd.Page.13
Page.No.13
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
NON-CONVENTIONAL ENERGY DEVELOPMENT CORPORATION OF ANDHRA PRADESH (NEDCAP) – Devolution of powers and functions to Panchayat Raj Institutions including of local bodies – Further orders – Issued
-----------------------------------------------------------------------------------------------------------------------------------------------
ENERGY (RES) DEPARTMENT
G.O.Ms.No. 112.
Dated: 17.09.2002
Read the following
G.O.Ms. No. 80, Energy (RES) Department Dt: 4.9.1998
G.O.Ms. No. 81, Energy (RES) Department Dt: 9.4.1999
*****
O R D E R:
1. In the G.O. 1st read above Government have entrusted the subject of Non-Conventional Energy relating to the functions of planning review of progress and monitoring of biogas, improved Chulhas, National Project on Biogas development and National Project on improved chulhas to the local bodies namely Zilla Parishads an other Tiers of local administration.
2. In the G.O. 2nd read above, Government have decided that in addition to the planning, review of progress and monitoring of Non-Conventional Energy Programmes. The Biogas and improved Chulhas, the local bodies shall also be entrusted with the power and functions of identification of beneficiaries and implementation of the programme and decided that the beneficiaries in biogas and smokeless chulhas programme shall be identified through the Gram Sabhas and the programme shall be implemented through the local bodies and shall be subject to planning review and monitoring by the respective local bodies. The officers of Non-conventional Energy Development Corporation of AP shall work taking the guidance of local bodies namely Zilla Parishads, Mandal Parishads and Gram Panchayats and implement the Non-Conventional Energy Programmes in the true spirit of democratic decentralization.
3. Now, the Government have reviewed the above orders and in moification of the orders issued in the G.O. 2nd read above, hereby direct that the subject relating to activities pertaining to planning, monitoring and review. In respect of Non-conventional Energy Programmes shall be entrusted to local bodies i.e., Zilla Parishad, the implementation to the NEDCAP.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
PRINCIPAL SECRETARY TO GOVERNMENT, Contd.Page.14
Page.No.14
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Social Welfare Department – Transferring of subjects Tailoring Training Centre and Garment production centers to the control of Panchayati Raj Department - Guidelines - Orders – Issued
From Commissioner of Social Welfare Lr. No.2.IV.3/6290/99, dt: 23.8.1999
*****
O R D E R:
In the G.O. 1st read above orders have been issued transferring certain subjects from the control of Social Welfare Department to the Control of Panchayati Raj & Rural Development Department with effect from 1.4.1999.
2. In the circumstances stated by the Commissioner of Social Welfare in his letter 2nd read above, Government after careful Welfare in his letter 2nd read above, Government after careful examination of his proposals hereby issue guide-lines for transfer of Tailoring Training Centres and Garment Production Centres, promotion of Crafts and Trades and Libraries in SC localities to the control of Panchayat Raj Department which are as follows:
The budget both Plan and Non-Plan for the year 1999-2000 will be transferred by the Deputy Director, Social Welfare to the Chief Executive Officer, Zilla Parishad
Salaries of the staff in Tailoring Training Centres/Garments Manufacturing Training cum production centers shall paid by the CEO, Zilla Parishad. This includes payment of Water and Electricity Charges, Rents, Rates and Taxes, stipends 240 Materials and Supplies etc.
A committee shall be constituted for each District with the following to select the candidates of training
Chief Executive Officer, Zilla Parishad Chairman
Deputy Director, Social Welfare Member
Mandal Praja Parishad, Concerned Member
Sarpanch, concerned Member
Instructor/Assistant Cutter/Manager of the center Member-convenor
3. The staff will continue to be under the cadre management of the Deputy Director, Social Welfare and the Head of the Department i.e. the Commissioner of Social Welfare. They can also supervise the functioning of these institutions, However the staff will be on deputation to the Zilla Parishad concerned. The Chief Executive Officer, Zilla Parishad can also supervise the functioning of these institutions.
This order issues in consultation with the Panchayat Raj and Rural Development Department vide their V.O. 35071/Mdl.l/A2/99-1, dated 17.11.1999.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
S. RAY,
PRINCIPAL SECRETARY TO GOVERNMENT Contd.Page.15
Page.No.15
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
EDUCATION DEPARTMENT – 73rd and 74th Constitutional Amendments – Devolution of powers and functions to Panchayat Raj Institutions - Orders – Issued ------------------------------------------------------------------------------------------
EDUCATION (PROG.II) DEPARTMENT
G.O.Ms.No. 120.
Dated the 31-3-1999.
*****
O R D E R:
As per Article 243-G and 243-W of the constitution, the Legislature of a State may endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as institutions of Self Government and such law may contain provisions for the devolution of powers and responsibilities upon local bodies at the appropriate level in regard to:
The preparation of Plans for economic development and social justice
The implementation of schemes for economic development of social justice as may be entrusted to them including those in relation to the matter listed in the eleventh schedule and twelfth schedule
2. Accordingly, in tune with the constitutional provisions, the A.P. Panchayat Raj Act 1994 was enacted which has come into force with effect from 30.5.1994.
3. The elected representatives of the local bodies are associated in some aspects or other, in respect of certain programmes of departments but the spirit of the constitutions is that the programme should be implemented by the local bodies instead of local bodies merely getting associated with them
4. Government after careful consideration of all the above aspects and taking into consideration the recommendations of the committee of the Secretaries direct that the following schemes of this Department be transferred to the control of Gram Panchayats for the purpose of planning, implementation and monitoring of the schemes.
Adult Education and Non-Formal Education
Libraries
5. Separate orders, containing objectives, modalities of funds transfer, modalities of implementation, monitoring etc., of the above stated programmes, will be issued.
6. As for Vocational Education Programmes in the Schools, the school committees under the A.P. School Education (Community Participation) Act 1998 are already empowered to Plan, manage and monitor school development such that excellence in the overall performance of the school and the children shall be ensured.
7. Further the Panchayat Education Committees headed by the Sarpanch is required to take all steps as are necessary for the effective functioning of schools in the Gram Panchayat. Therefore no further orders for transfer of this scheme is required.
8. These orders shall come into effect from 01.04.1999
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
M. CHAYA RATAN,
SECRETARY TO GOVERNMENT
Contd.Page 16
Page.No.16
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
DEPARTMENT OF CULTURE – 73rd and 74th Constitutional Amendments – Devolution of Powers and functions to Panchayat Raj Institutions – Amendment - Orders – Issued ----------------------------------------------------------------------------------
YOUTH ADVANCEMENT TOURISM & CULTURE (C.A.II) DEPARTMENT
The following Amendment is issued to para (4) of G.O. read
AMENDMENT
For
Read as
Government after careful consideration of all the above aspects and taking into consideration the recommendations of the Committee of Secretaries direct ___________the subject Cultural Promotion be transferred, However Gram Panchayat/Mandal Parishads/Zilla Parishads will carry out cultural activities with their own resources. If there is worthwhile capital infrastructural proposals, necessary proposals may have to be sent to District Cultural Council or State Government for support. The three layers of local bodies can formulate proposals and submit to State Government. In turn state govt. will obtain funds from the Government of India if required
Government after careful consideration of all the above aspects and taking into consideration of the recommendations of the Committee of Secretaries direct that the subject “Cultural Promotion” shall be transferred to Zilla Parishads, ______________the __________grant of Rs. 25,000/- hitherto being released to District Cultural Councils
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
CHANDANA KHAN,
SECRETARY TO GOVERNMENT
To,
The Director of Culture, Hyderabad
The Panchayat Raj and Rural Development(Mdl.I) Department
The All the Collectors
The Municipal Administration ad Urban Development Department
The Finance and Planning (FW) Department
The Commissioner, Information and Public Relations Department
Contd.Page.17
Page.No.17
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
TR&B Department – 73rd Constitutional Amendment and the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) – Devolution of Powers and functions to Panchayat Raj Institutions –Orders – Issued -----------------------------------------------------------------------------------------------
TRANSPORT ROADS & BUILDINGS (R.VII) DEPARTMENT
G.O.Ms.No. 174.
Dated: 21.10.1998
Read the following
Note sent by the Prl. Secy., PR&RD Dept. vide L.No. 30922/Mdl/A2/97 Dt. 22.4.98
From ENC(R&B) Lr. No. 20998/TA.3/T&P.1/98 Dt. 20.8.98
*****
O R D E R:
Article 243-G of the Constitution enables the Legislature of a State to endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein. Accordingly, the Andhra Pradesh Panchayat Raj Act, 1994 was enacted and it has come into force with effect from 30.5.94. Under this Act;
The Zilla Parishads are responsible for construction and maintenance of District Roads and Culverts, Causeways and Bridges excluding State Highways an Village Roads;
The Mandal Parishads are responsible for construction and maintenance of Public Roads, Drains, Culverts and other means of communication which are not under the control of any other local authority or the Government and maintenance of Boats, Ferries & Waterways and
The Gram Panchayats are responsible for construction and maintenance of Village Roads, Drains and Culverts and maintenance of Boats, Ferries and Waterways.
2. In the light of the above provisions, the Staff, Budget and items of work to be transferred to Panchayat Raj Institutions has been examined. While the Andhra Pradesh Panchayat Raj Act, 1994 entrusts the construction and maintenance of District Roads excluding State Highways to the Zilla Parishads, the Roads & Buildings Department is responsible for nearly 35,000 KMs of Major and other District Roads. There is a demand to take over 16,000 KMs from the Panchayat Raj Dept., to the Roads & Buildings Department so that they can be improved and upgraded. The State Department so that they can be improved and upgraded. The State has a total road length of 1.7 lakh KMs of which 47,000 KMs are managed by the Roads & Buildings Department, and the balance 1.13 lakh KMs are managed by the Panchayat Raj Department. There is need to increase the road network to nearly 4 lakh KMs and to improve the quality and condition of the roads both under Roads & Buildings and Panchayat Raj Departments. In these circumstances, pending declaration of all the roads under the management and control of Roads & Buildings Department, as National Highways or State Highways, it is felt that transferring the major District Roads and other District Roads under the control of the Roads & Buildings Department, to the Panchayat Raj Department will be a retrograde step. On the other hand, the Panchayat Raj Department should be encouraged to increase the road length under their control from 1.13 lakh KMs to 3.5 KMs by taking up the formation of new roads to improve the connectivity among the various habitations in the State.
3. In view of the foregoing, the Government hereby order that no roads, bridges and buildings pertaining to Roads & Buildings Department are to be transferred from the Roads & Buildings Department to the Zilla Parishads, the Mandal Parishads or Gram Panchayats.
4. The Andhra Pradesh Panchayat Raj Act authorizes the Mandal Parishad and the Gram Panchayat to maintain Boats, Ferries and Waterways. The Roads & Buildings Department, at present, is auctioning 18 ferry points in the State (list of the 18 ferries is annexed). The ferries are run by private persons who offer the highest amount to the Government by way of auction. The revenue from these 18 ferries for the year 1998-99 is about Rs. 170 lakhs. For these ferries, the R&B Dept., has no separate staff or budget. The Executive Engineer, having jurisdiction over the ferry point, conducts the auction . In view of the provisions of the A.P. Panchayat Raj Department Act, 1994, the Government hereby direct that the right to auction these 18 ferry points should be transferred to the Mandal Parishad/Gram Panchayat. The Government in Panchayat Raj & Rural Development Dept., will issue orders separately specifying whether Mandal Parishad should conduct the auction or the Gram Panchayat Should conduct the auction and how the auction income should be shared between the 2 local bodies. The Government also direct that the Mandal Parishad/Gram Panchayat may identify new ferry points in their jurisdiction and auction the same for the convenience of the traveling public. In view of the past accidents resulting in loss of life due to over loading of boats or use of boats not in condition, the Mandal Parishad/Gram Panchayat should take necessary safeguards to prevent the occurrence of accidents due to these 2 causes and other possible causes. They should strictly comply with the provisions of the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890. The lease hold rights in respect of existing 18 ferry points expire on 31.3.1999. The next auction for these ferries should be held in the months of December, 1998/January, 1999. The Mandal Parishads and Gram Panchyats should take necessary action to conduct the auctions in time so as to avoid loss of income and to avoid inconvenience to the traveling public.
5. This order issues with the concurrence of Finance & Planning Department vide their U.O. No. 1632/PFs/98 Dt. 29-7-98.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V. ANANDA RAO,
SPECIAL CHIEF SECRETARY TO GOVERNMENT Contd.Page.18
Page.No.18
Copy to
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Roads & Buildings Department – 73rd Constitutional Amendment and the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) – Devolution of powers and functions to Panchayat Raj Institutions - Orders – Issued --------------------------------------------------------------------------------------------------------------------------
From the Prl. Secretary to Govt., PR&RD Department D.O. Lr.No. 7975/MDL..I/A2/98, dated 7-11-2003.
*****
O R D E R:
Orders have been issued in the reference 1st read above, Government in TR&B Department authorized the right to auction 18 ferry points located in the districts be transferred to the Mandal Parishads/Gram Panchayats. Accordingly, the subject was also transferred to Panchayat Raj & Rural Development Department.
2. The Cabinet Sub-Committee on devolution of powers to local bodies have recommended in accordance with the 73rd Constitutional amendment on the following points:
To place the reports pertaining to the maintenance of all assets maintained by Roads & Buildings Department in the districts before Zilla Parishads at its review meetings
The Roads & Buildings Department of that district shall be accountable to the Zilla Parishad on the maintenance of the roads. Development and maintenance of assets (Roads) will be taken up depending upon the availability of funds
All the roads within a village shall be under the Gram Panchayat
6. The above recommendations are hereby accepted in toto. The Engineer-in-Chief (R&B) Administration is requested to issue instructions accordingly to the subordinate officers working in the districts. The Superintending Engineer (R&B) of the particular Zilla Parishad shall attend the review meeting and apprise the roads position in the DRDA meeting.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
JANAKI R. KONDAPI,
SPECIAL CHIEF SECRETARY TO GOVERNMENT (FAC)
------------------------------------------------End of G.O,----------------------------------------------------------------------------------
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
LAND – Communal lands – Transfer of the subject “Maintenance of Community Assets” to Panchayat Raj bodies – Orders – Issued
REVENUE (ASH-I) DEPARTMENT
G.O.Ms.No. 266.
Dated the 30th March, 1999
*****
O R D E R:
Governments have deliberated on the various issues for strengthening the Panchayat Raj Local Bodies in their functioning and in augmenting their resources at grass-root level.
2. In terms of Section 50 of the A. P. Panchayat Raj Act, 1994, certain porambokes viz. grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart-stands and topes which are the disposal of the Government and are not required by them (or any specific purpose) shall vest in the Gram Panchayat subject to such restrictions and control as may be prescribed.
3. Government, after careful consideration, hereby, direct that the above communal poramboke lands which are already vested with Gram Panchayats, shall be maintained by the Gram Panchayats.
4. The Collectors shall however, take necessary action for protection of the above communal poramboke lands by way of encroachment etc.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
G. SUDHIR
SECRETARY TO GOVERNMENT
To,
All Collectors.
The Spl. C.S. & Chief Commissioner of Land Administration, A.P., Hyderabad
Copy to:
Prl. Secy., P.R. & R.D. Deptt., Sectt., AP. Hyd.
Addl. Secretary to Chief Minister
P.S. to Minister (Revenue)
P.S. to Minister (Panchayat Raj)
P.S. to Secretary (Revenue)
//forwarded by order// SECTION OFFICER
Contd.Page.19
Page.No.19
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Marketing Department – 73rd Amendment to the constitution of India – Devolution of powers to Panchayat Raj Bodies – Keeping the District official of Marketing Department under the control of Chief Executive Officers Zilla Praja Parishads in the State - Orders – Issued --------------------------------------------------------------------------------------------------------------------------
AGRICULTURE & COOPERATION (MKTG.III) DEPARTMENT
G.O.Ms.No. 394.
Dated: 15.12.2003
Read the following:-
From the Commissioner & Director of Marketing, A.P.Hyderabad, Letter No. SR (2)1824/2003, dt:01.12.2003
*****
O R D E R:
The Marketing Department enforces the provisions of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 and the Rules and By Law made thereunder in the State of the Andhra Pradesh Agricultural Market Committees are constituted for the notified areas declared by the Government to implement the various provisions of the Act, Rules and By-Laws. At the District level, the Assistant Directors of Marketing are functioning as a district officers of the Department under the control of the Commissioner and Director of Marketing at the State level. The nature of the duties of the Assistant Directors of Marketing in the district include both statutory, regulatory and implementation of development programmes of the Agricultural Market Committees in the development of Agricultural markets in the State.
The Government have examined the proposal of the Commissioner & Director of Marketing with provisions of the 73rd Amendment to the Constitution of India and also the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 and the devolution of power to the Panchayat Raj Bodies and the management of rural markets and mandies, and hereby ordered that the services of all the Assistant Directors of Marketing at the district level are placed under the control of the respective Chief Executive Officers, Zilla Praja Parishads in the State in performing the duties of all the developmental programmes of Agricultural Market Committees of the concerned district. However, the Assistant Directors continue to perform all the regulatory and statutory duties under the provision of the Market Act, Rules and Bye-laws of the market committees under the direction and control of the Commissioner & Director of Marketing.
The Commissioner & Director of Marketing is requested to take further action.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
N. RAMESH KUMAR,
SECRETARY TO GOVERNMENT
------------------------------------------------------End of the G.O-----------------------------------------------------------------
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Khadi, Village and Cottage Industries and Small Scale Industries, including Food Processing Industries – 73rd and 74th Constitutional Amendments – Devolution of Powers and Functions to Panchayat Raj Institutions – Orders – Issued
INDUSTRIES AND COMMERCE (TEX) DEPARTMENT
G.O.Ms.No.362.
Dated: 20.12.2003
Read:-
ORDER:-
As per Article 243-G and 243-W of the Constitution, the Legislature of a State may endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions of Self-Government and such law may contain provisions for the devolutions of powers and responsibilities upon local bodies at the appropriate level in regard to:-
the preparation of plan for economic development and social justice
the implementation of schemes for economic development and social justice as may entrusted to them including those in relation to the matters listed in the 11th Schedule and 12th Schedule
2. Accordingly, in tune with Constitutional provisions, the Andhra Pradesh Panchayat Raj Act, 1994 was enacted which came into force with effect from 30.5.1994
3. In order to achieve the objectives of decentralization, Government after careful consideration of all the above aspects, direct that the following powers of this Department, be devolved to the Panchayat Raj Institutions:-
A separate Small Scale Industries Cell will be created in the District Industries Centre(DIC) which will be headed by one of the Deputy Directors/Assistant Directors available in the District Industries Centre to exclusively look after Small Scale Industries tiny and village industry sectors as well as Prime Minister’s Rozgar Yojana and Food Processing Units. The Deputy Director (SSI) /Assistant Director (SSI) will report to the Chief Executive Officer, Zilla Parishad and will function under the supervision of the Zilla Parishad. The Small Scale Industries Cell will have adequate support staff.
General Manager, District Industries Centre will continue to supervise statutory/regulatory functions of the District Industries Centre as well as Single Window clearances and will report to the District Collector
Functional Managers/Development Officers of Andhra Pradesh Khadi and Village Industries Board working in each District will report to the Chief Executive Officer, Zilla Parishad and will function under his supervision of the Zilla Parishad
Assistant Director, Handlooms and Textiles working in each District will also report to the Chief Executive Officer. Zilla Parishad and function under his supervision except to the extent of regulatory/enforcement functions pertaining to Handloom Reservation Act
Commissioner of Industries/Director of Handlooms and Textiles and Development Commissioner for Apparel Export Parks and Chief Executive Officer, Andhra Pradesh Khadi and Village Industries Board will take immediate action accordingly
(BY ORDER AND THE SAME OF THE GOVERNOR OF ANDHRA PRADESH)
B.P. ACHARYA
SECRETARY TO GOVERNMENT
Contd.Page.20
Page.No.20
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Rules – Rules relating to the Powers and Functions of Gazetted Extension Officer (Panchayat Raj and Rural Development). Grade-I and Extension Officer (Panchayat Raj and Rural Development) under Section 44 (a) of Andhra Pradesh Panchayat Raj Act, 1994 – Orders – Issued -----------------------------------------------------------------------------------------------------------------
PANCHAYAT RAJ AND RURAL DEPARTMENT (MDL.II) DEPARTMENT
Consequent on the issue of orders in the G.O.s 3rd to 6th read above the appended notification will be published in the Extra-ordinary issue of the Andhra Pradesh Gazetted dated 7.12.2001.
2. The Commissioner of Printing Stationary and Stores Purchase (Printing Wing) Department. Andhra Pradesh, Hyderabad is requested to publish the notification and furnish 1000 copies of the same for use at Government.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
I.Y. R. KRISHNA RAO
SECRETARY TO GOVERNMENT
Zilla Parishad Office, West Godavari, Eluru.
Endt.No.H2/6998/2001.
Dated: 19.12.2001
Copy communicated to all Mandal Parishad Development Officers and Extension Officers (Panchayat Raj and Rural Development) in the District.
GOVERNMENT OF ANDHRA PRADESH OFFICE OF THE COMMISSIONER, PANCHAYAT RAJ & RURAL EMPLOYMENT
P.R. BHAVAN, URDU HALL LANE, HIMAYAT NAGAR, HYDERABAD-29.
From Debabrata Kantha, I.A.S., Commissioner.
To, All the District Collectors in the state.
Letter No. 21382/CPR&RE/B3/2003, dated: 20.8.2003
Sir,
The Extension Officers (PR&RD) working at Mandal Level are responsible for looking after activities of both the Panchayat Raj as well as Rural Development Departments. During my field visits to various districts it has been observed that the Extension Officer (PR&RD) are not evincing adequate interest in the activities of the Panchayat Raj Department although they belong to the department. Their cadre controlling authority is the Commissioner, PR&RE. Lack of adequate attention to the activities of the Panchayat Raj Department by many of the Extension Officer (PR&RD) is getting reflected of the Gram Panchayats, lack of adequate coordination with the Panchayat Secretaries and effective supervision over them. Besides, civic amenities and various development activities at the Panchayat level are also not being reviewed by the Extension Officer (PR&RD). Collection of information from Panchayats and compilation of the said information are some of the core functions of the Extension Officer (PR&RD).
In view of the above mentioned facts all the District Collectors are requested to suitable instruct the Extension Officer (PR&RD) in their districts to look after the activities of the Panchayat Raj Deparment in general and the functioning of Gram Panchayats in particular with all seriousness. They should review on a weekly basis the demand, collection and balance (DCB) figures Gram Panchayat wise for both tax and non-tax revenues, the percentage of developmental expenditure in the total revenue of the Gram Panchayats, Village sanitation, including construction of individual sanitary latrines (ISLS), street lights, the actual execution of the employment generation, programs like SGRY and ensure proper utilization of funds like the money released under 11th Finance Commission, SFC, Profession Tax, per capita grant etc.,
Audit of the Panchayat Funds and their proper accounting are also important activities which have to be looked after by the Extension Officer (PR&RD). The District Collectors are therefore requested to direct their District Panchayat Officers and Chief Executive Officers of Zilla Parishad to review all the above mentioned subjects every month with the Extension Officer (PR&RD) in the divisional level and keep the District Collector informed. They should be made responsible for entry of data relating to the above mentioned subjects on line. The District Collectors, Chief Executive Officer, Zilla Parishad, District Panchayat Officer, Divisional Panchayat Officers all the Mandal Parishad Development Officers and Extension Officers (PR&RD) in their district for strict compliance.
Yours faithfully,
Sd/- Debabratha Kantha, Commissioner, PR&RE.,
-:oOo:-
Zilla Parishad Office, West Godavari, Eluru.
Endt. No. H2/5509/2003
Dt: 5.9.2003
Copy communicated to all the Mandal Parishad Development Officers, Divisional Panchayat Officers and Extension Officers (PR&RD) in the District. They are requested to follow the instructing scrupulously and report compliance.
To,
All Mandal Parishad Development Officers in the District.
All Extension Officers (PR&RD) through Mandal Parishad Development Officer
All the Divisional Panchayat Officers.
DPO, W.G. Dt
PR&RD (MDL.II) DEPARTMENT
NOTIFICATION
In exercise of the powers conferred by clause (a) of sub-section (2) of section 44 read with section 268 of the Andhra Pradesh Panchayat Raj Act, 1994. (Act 13 of 1994) the Governor of Andhra Pradesh hereby makes the following rules, relating of the powers and functions of Gazetted Extension Officers (Panchayat Raj and Rural Development) Grade.I and Extension Officers (Panchayat Raj and Rural Development)
RULES
Short Title: These rules may be called the Andhra Pradesh Panchayat Raj (Powers and functions of Gazetted Extension Officers (Panchayat Raj and Rural Development) Grade.I and Extension Officers (Panchayat Raj and Rural Development) Rules, 2001.
1. The Powers and Functions of Gazetted Extension Officers (Panchayat Raj and Rural Development) Grade.I and Extension Officers (Panchayat Raj and Rural Development) are as follows:-
P O W E R S:
The Administrative Powers are specified below:-
He should review the tour Dairy of Village Development Officers working in the Mandal
He should tour 20 days in a month and submit his tour dairy to the Mandal Parishad Development Officer every month
He will act as incharge Mandal Parishad Development Officer in the absence of Mandal Parishad Development Officer under the orders of Chief Executive Officer, Zilla Parishad
He shall initiate performance reports of Village Development Officers working under the control of Mandal Parishad Development Officer
He shall exercise supervision and control and provide guidance to the Gram Panchayats, and their Executive authorities in his jurisdiction
He shall inspect all non-notified Gram Panchayats in every half year, and see that defects pointed out by the Inspecting Officers are rectified by the Executive authorities, immediately within two months. He shall visit all the Gram Panchayats once in every quarter once for inspection and once for rectification of defects, irrespective of other visits
He shall hold enquiries and submit reports to higher authorities on complaints of Mal-administration in non-notified Gram Panchayats in his jurisdiction
He shall review regularly the implementation of Gram Panchayat Work and progress of important schemes like Jawahar Gramina Samruddi Yojana. Eleventh Finance commission grants, Maintain necessary statistics about the working of Gram Panchayats including Jawahar Rozgar Yojana, Tenth Finance Commission (T.F.C) and other Government grants
He shall be responsible for the implementation of all other directions and instructions issued by the higher authorities on the administration of Gram Panchayats
He shall submit reports to the Mandal Parishad Development Officer on the disqualification of members or Sarpanches of Gram Panchayats in his jurisdiction
He shall verify and prepare the list of casual vacancies of members and Sarpanches of Gram Panchayats in his jurisdiction and submit to Mandal Parishad Development Officer
He shall conduct the cursory inspection of notified Gram Panchayats in every month and submit reports, as per rules
He is the authority competent to sanction casual leave to the Executive Officers of Gram Panchayats
(B) THE FINANCIAL POWERS ARE AS SPECIFIED BELOW:
He is empowered to forward the proposals submitted by the Village Development Officers to the Mandal Parishad Development Officers after thorough scrutiny of them
He shall certify each proposal furnished by the Village Development Officers before recommending or rejecting them to the Mandal Parishad Development Officer
He shall be the Joint Signatory along with the Mandal Parishad Development Officers for the funds operated in grounding of Developmental Schemes
He shall extend cooperation to the Bankers in recovery of loans and also participate in joint Mandal Level Bankers meeting
He shall be responsible to intimate Mandal Parishad Development Officer immediately on the occurrence of mis-utilization of funds in different schemes implemented through Mandals
He shall guidance the Executive authorities of Gram Panchayats in the matter of preparation of annual budgets, administration reports, periodical returns, progress reports replies to Audit reports and execution of works
He shall assist the Gram Panchayats, wherever necessary in the matter of collection of taxes, fees and other amounts, due to the Gram Panchayats
He shall attend the auctions and sales conducted by the Gram Panchayats and authenticate the bid amounts, as per rules
He shall guide the Gram Panchayats in augmenting the resources of the Gram Panchayats to strengthen the financial position of Gram Panchayats
He should counter sign the traveling allowance bills of Sarpanches and Executive Officers of Gram Panchayats and their staff
C. HE SHALL BE RESPONSIBLE TO ARRANGE PROGRAMMES AND UNDERATAKING TRAININGS
He should attend all training programmes arranges at District level along with the Mandal Parishad Development Officer
He shall make efforts in publicity of scheme implemented in all villages of that Mandal and also organize infrastructure training and technology inputs for beneficiaries under Government Poverty Alleviation Programmes
He shall communicate latest information and technical knowledge of the implementation of Government schemes to all Sarpanches and Mandal Parishad Territorial Constituency Members
He shall feedback the views of Sarpanches on implementation of Government Schemes
He should arrange training to Sarpanches at Mandal Headquarters Bi-monthly with the Co-operation of Mandal Parishad Development Officer duly inviting District Officials of District Rural Development Authority (DRDA), Scheduled Caste (SC), Backward Caste (BC), Scheduled Tribes(SC) and Housing etc., who are well versed with the subject for the implementation of Government schemes effectively
He shall depute Village Development Officers for training arranges at District and Divisional Level
He shall prepare plans conduct surveys for all Government Programmes
He shall motivate rural women for formulating Self Help Groups (SHGs)
He shall plan marketing of Development of Women and Children in Rural Areas (DWCRA) products
D. COORDINATION
He should maintain cordial relations with Mandal and District Level sectorial officers for successful grounding of different schemes
He should also be in constant touch with the Bankers situated in the Mandal area
He should act as a Liaison Officer between Sarpanches and Mandal Parishad Development Officer
E. GENERAL
He is responsible for effective communication and implementation of different public welfare Government schemes implemented through Mandal. He should be also a coordinator between officials and non officials related to the Mandal activities.
I.Y.R. KRISHNA RAO
SECRETARY TO GOVERNMENT
Contd.Page.22
Page.No.22
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Implementation of Rural Development Programmes in the districts – Re constitution of District Level Governing Bodies of District Rural Development Agencies - Orders – Issued ----------------------------------------------------------------------------------------------------------------------------------
PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD.III) DEPARTMENT
District Level Governing Body of District Rural Development Agencies has been constituted vide reference 1st cited above to ensure proper implementation of rural development programmes. The Governing Bodies of District Rural Development Agencies have subsequently being entrusted with the responsibility of reviewing the implementation of watershed related activities vide G.O. 2nd and 3rd cited above.
2. In accordance with 73rd amendment, the State Government have decided to decentralize the administration up to the grass root level. Keeping in view the above objective, the Cabinet Sub Committee on devolution of power to local bodies have recommended for reconstitution of District Level Governing body of District Rural Development Agencies. It has recommended that Chairman Zilla Parishad Should be designated as Chairman of District Level Governing Body and District Collector as Executive Chairman. The Sub-committee has also recommended that the Executive Chairman will be responsible for sanction of rural development schemes as per the guidelines of Government of India and the State Government.
3. After careful consideration of the recommendations and in suppression of the G.O.s mentioned above, Government hereby re constitute the District Level Governing Bodies with the following.
Chairperson of Zilla Parishad
Chairman
Collector
Executive Chairman
All MPS and MLAs of the district
Member
Lead Bank Officer
Member
NABARD representative at district level
Member
General Manager, DIC
Member
Representative of Khadi Village Industries Commission, GOI
Member
District Medical & Health Officer
Member
District Employment Officer
Member
Project Director, I.T.D.A
Member
Executive Director, District S.C. Coop Society
Member
Executive Director, District B.C. Coop Society
Member
Joint Director of Agricultural
Member
Project Director, District Water Management Agency
Member
Divisional Forest Officer (P&E)
Member
Asst, Director of Horticulture
Member
Joint Director of Animal Husbandry
Member
Deputy. Director Ground Water
Member
One Women Worker/Organizer of aVolutary Organisation with actual experience of organizing with actual experience of organizing rural poor (To be nominated by the Chairman)
Member
Two representatives of the Weaker Sections one of whom may be drawn from SCs and STs. (To be nominated by the Chairman)
Member
One fifth of the Mandal Parishad Presidents Presidents in rotation of one year
Member
Project Director, DRDA & Velugu
Member-Convenor
4. Functions of the District Level Governing Body are as follows
To coordinate and oversee the preparation of prospective plans and annual plan of the blocks leading to preparation of district plan in respect of implementation of SGSY scheme
To review the watershed development programmes and other programmes being implemented by District Water Management Agency
To monitor and evaluate the implementation of above programmes by Government and Non Governmental Organisations to ensure its effectiveness
To secure inter sectoral and inter departmental coordination and cooperation
V. To give publicity to the achievements made under the above programmes and disseminate knowledge and build up awareness about the programme
Executive Chairman will be responsible for sanction of schemes as per the guidelines of Government of India and the State Government
5. The District Level Governing Body should meet at least once in every quarter to effectively to review the rural development programmes
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
M. SAMUEL
PRINCIPAL SECRETARY TO GOVERNMENT
---------------------------------------------------End of the G.O.---------------------------------------
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Agriculture Department – 73rd and 74th Constitutional Amendments - Devolution of powers to Panchayat Raj Institutions – Further Orders – Issued
In the G.O. read above orders were issued directing to entrust certain functions and responsibilities pertaining to Agriculture Department to Panchayat Raj Bodies (MPP and ZPP) with immediate effect, in terms of the 73rd and 74th Constitutional Amendments so as to enable them to function as institutions of Self Government.
2. Government have examined the matter with regard to further devolution of powers in Agriculture Department to Panchayat Raj Institutions and issue the following orders:-
The devolution of powers, functions, functionaries and funds will be done at the district and mandal levels only
The funds of all schemes of Agriculture Department will be placed with the Zilla Parishad who may further allot the same to mandals keeping in view the Action Plan for implementation of various schemes in different mandals. Wherever the schemes are mandal specific, funds will be placed at the disposal of Mandal Parishads directly by the department
The Regulatory functions regarding all gricultural inputs, as per the statute, shall b e done by the concerned Departmental functionaries. The Zilla Parishad/Mandal Parishad will supervise and review the proper implementation of the schemes and ensure due compliance of statutory regulations. The Department officials will get their schemes and programmes sanctioned by Zilla Parishad /Mandal Parishad as is relevant and execute them after getting the funds released from Zilla Parishad/Mandal Parishad as per relevance.
Collectors will exercise concurrent powers of supervision/monitoring of all the regulatory functions of the Department
Village Panchayats shall exercise the responsibility of identification of beneficiaries under various programmes/schemes, reporting of incidence of pests and diseases, proper functioning of Farmer’s Clubs, assessment of crop areas, yields and costs cultivation etc.
3. The above orders shall be implemented with immediate effect.
4. The Commissioner and Director of Agriculture, Andhra Pradesh, Hyderabad shall issue necessary instructions in this regard immediately.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
ASUTOSH MISRA,
SECRETARY TO GOVERNMENT
Contd.Page.23
Page.No.23
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Establishment of District Employment Generation and Poverty Eradication Mission – Nomination of Chairman, Zilla Parishad as Co-Chairperson in the District Employment Generation and Poverty Eradication Mission - Orders – Issued
In the G.O. first read above, orders were issued constituting District Employment Generation and Poverty Eradication Mission for each District in the State and that the Mission will function under the Chairmanship of a Minister to be nominated by the Government with the District Collector as the Chief Executive Officer.
2. In the G.Os. 2nd and 3rd read above, orders were issued nominating the Ministers as Chairman of the District Employment Generation and Poverty Eradication Mission for all the districts
3. Government have decided to co-opt the Chairman, Zilla Parishad as Co-Chairman of the District Employment Generation and Poverty Eradication Mission. Accordingly, Government hereby nominate the Chairman, Zilla Parishad as Co-Chairman of the District Employment Generation and Poverty Eradication Mission.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
S. RAY,
SPECIAL CHIEF SECRETARY TO GOVERNMENT
------------------------------End of the G.O.-----------------------------------
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Panchayat Raj and Rural Development Department – 73rd and 74th Constitutional Amendment – Devolution of powers and functions to Gram Panchayats – Transfer of RWS assets - Orders – Issued ---------------------------------------------------------------------------------------------------------
PANCHAYAT RAJ & RURAL DEPARTMENT (RWS.I) DEPARTMENT
G.O.Ms.No. 421.
Dated 21.11.2002
Read the following:-
*****
O R D E R:
Article 243 (g) of Constitutions requires the State Legislature to endow the Panchayats with such powers and authority as may be necessary to enable the to function as institutions of Self Government Section (45) of Andhra Pradesh Panchayati Raj Act, 1994 requires the Gram Panchayat to provide for the sinking and repairing of wells to provide protected water for drinking purposes.
2. Hitherto, the Panchayat Raj Engineering Department is acting as the nodal agency for providing drinking water facilities in rural areas of the State. The drinking water facilities are being provided by various means, ie, spot sources (bore-wells) Piped Water Supply (PWS) schemes and Comprehensive Piped Water Supply (CPWS) schemes for a group of villages. At present, there are 2,63,128 numbers of hand pumps existing in the State. In respect of hand-pumps, the present practices are as follows:
The Panchayat Raj Engineering Department is constructing hand-pumps by engaging Departmental/Private rigs;
The Government provides a maintenance budget of Rs. 600/- per hand-pumps, per year;
The PRED is undertaking maintenance of HPs by engaging departmental personnel. Wherever the departmental personnel are inadequate, contract mechanics are being entertained
Quality of drinking water is tested twice a year in respect of every hand-pump at half-yearly intervals
The Department indents for the requirement of spare parts and procures them from the standard manufacturing firms duly undertaking quality control checks. These materials are kept at Department stores in Mandal head quarters and will be utilized as per the requirement
3. To bring in a feeling of ownership among the public and Panchayats in respect of water supply assets, Government have decided to devolve the ownership of handpumps to Gram Panchayats in the State for better results. Hence, the following orders are issued.
All the hand-pumps within the limits of Panchayats shall be handed over to Gram Panchayats with full details (history sheets) wherever all the panchayats in the whole mandal come forward to take over maintenance of the HPs under intimation to the Mandal Parishad concerned
The budget provided @ Rs.600 per bore-well per year will be released to the Gram Panchayats for maintenance purposes. The Gram Panchayats should utilize the amount only for the purpose of maintaining the hand pumps
The Gram Panchayats may engage mechanics and maintain the hand pumps with their assistance
The balance provision available in the Budget Estimates 2002-03 under maintenance of hand-pumps shall be transferred to Gram Panchayats
The existing departmental pump mechanics who are being engaged on maintenance of hand-pumps shall be attached to the concerned Mandals. The pumps mechanics will continue to assist Gram Panchayats for maintenance of hand-pumps until further orders.
In addition to the departmental pump mechanics there are also skilled hand-pump mechanics in the field. The Section Officer, RWS will prepare a list of such skilled mechanics in their respective Mandals and intimate their addresses to all the Gram Panchayats in the Mandal
Wherever there is a shortage of hand-pump mechanics, the Section Officers concerned will impart necessary training to desirous candidates immediately, ie, by the end of December, 2002
The Executive Engineers, Rural Water Supply concerned shall see that Rural Water and Sanitary Missions are opened in every Mandal Headquarter. As a stop-gap arrangement, the Sanitary material/hand pump spares etc, shall be supplied through these Rural Water and Sanitary Missions. The Rural Water and Sanitary Missions will be manned by the Section Officers (RWS) under the control of the Executive Engineers (RWS) concerned until alternate arrangements is made. The Executive Engineers (RWS) shall see that there is no dearth of hand pump spares for the purpose of maintenance of hand pumps till the next summer is over
4. Powers and Functions of Gram Panchayats after the delegation
Construction of new bore-wells
The location of hand-pump shall be decided by the Gram Panchayat. There shall be economy in drilling of bore-wells and in subsequent utilization of resultant water supply. Government funding will be limited to the minimum levels of supply stipulated. At present Government funding is limited by the ratio of one hand-pump for every 250 population. While drilling new bore-wells, they shall abide by the stipulations of AP Water,Land and Tree Act, 2002
The Gram Panchayat should maintain all the hand-pumps in the village. They should follow the guidelines issued by the RWS Department in this regard
The Gram Panchayat should get the drinking water tested from each of its sources atleast twice a year at half-yearly intervals. The type and procedure of testing will be prescribed by RWS Department from time to time. Currently, the field testing by using Hydrogen Sulphide vails inoperation
The Gram Panchayat should attempt to further devolve the powers and functions to the Village Water & Sanitation Committees and Habitation Level Water & Sanitation Committees (WATSAN Committees)
The Gram Panchayats should endeavour to collect user charges sufficient to meet the maintenance costs
The Gram Panchayats shall ensure that all hand-pumps are kept in good working condition so as to meet the drinking water needs of the people.
The down-time for any particular bore-well should not exceed 48 hours.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V. NAGI REDDY,
SECRETARY TO GOVERNMENT Contd.Page.24
Page.No.24
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
73rd and 74th Constitutional Amendments – Devolution o powers and functions to Panchayat Raj Institutions – Orders – Issued ---------------------------------------------------------------------------------------------------------------------------
PANCHAYAT RAJ & RURAL DEPARTMENT (RD.III) DEPARTMENT
G.O.Ms.No. 508.
Dated 22.10.1999
Read the following:-
*****
O R D E R:
Under article 243-G and 243-W of the Constitution of India the Legislature of a State is empowered to make laws enabling the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions of Self Government and such law may contain provisions for the devolution of powers and responsibilities upon local bodies at the appropriate level in regard to
The preparation of plans for economic development and Social justice
The performance of functions and the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule and twelth schedule in respect of Panchayats and Municipalities
2. Accordingly, in tune with the Constitutional Provisions, the Andhra Pradesh Panchayat Raj Act, 1994 (A.P. Act, 13 of 1994) was enacted which has come into force with effect from the 30th May, 1994
3. The aim of the Constitution is to decentralize the administration upto the grass-roots level as it is believed that making participation of local self government bodies in developmental programmes and also India which is presently a broadest representative democracy is to be transformed into a vibrant participatory democracy. The elected representatives of the local bodies are associated in some aspect or other in respect of the programmes of certain departments but the spirit of the Constitution is that the programme should be implemented by the local bodies empowering with such powers and authority as are necessary to enable them to function effectively as units of Self Government instead of local bodies merely getting associated with them.
4. To make the local body institutions a Self Government, the Government have deliberated on the various issues that would strengthen the Panchayat Raj Bodies in their functioning and in augmenting their resources at the grass-root level; it is felt necessary to transfer some subjects to Panchayat Raj Local Bodies.
5. Government after detailed examination has decided to transfer the subject “Land Improvement” specified at Sl.No.2 in Schedule – I of the Andhra Pradesh Panchayat Raj Act, 1994 to the Gram Panchayats.
6. Government after careful consideration direct that the subject of “Land Improvement” in Schedule-I of the Andhra Pradesh Panchayat Raj Act, 1994 shall stand vested with the Gram Panchayats in the State in respect of the following:-
To identify such lands which are not put to productive use in the Gram Panchayat and to the owners of such un productive lands by recommending their cases for financial assistance for land improvement
In the event of availability of unproductive lands but under the ownership of Joint Farming Society falling within a Gram Panchayat or Panchayats, the Gram Panchayat or Panchayats shall ensure that such lands are put to productive use by such society
The Government lands including wastelands and degraded lands, lands that cannot be made useful immediately either due to Salinity or alkalinity or due to any other reason; the Gram Panchayats should participate in the task of development of such lands as per guidelines issued by the Government from time to time.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
C. ARJUNA RAO
SECRETARY TO GOVERNMENT
To,
The Commissioner, PR&RD, AP, Hyderabad
The Commissioner, RD, AP, Hyderabad
All District Collectors
All Chief Executive Officer, Zilla Parishads
All Project Directors, DRDAS
-----------------------------------------------------End of G.O-------------------------
Copy of
GOVERNMENT OF ANDHRA PRADESH ABSTRACT
HEALTH MEDICAL & FAMILY WELFARE DEPARTMENT – 73rd and 74th Constitutional Amendments – Devolution of powers and functions to Panchayat Raj Institutions - Orders – Issued
As per Article 243-G and 243-W of the Constitution the Legislature of a State may endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as Institutions of Self Government and such law may contain provisions for the devolution of powers and responsibilities upon local bodies at the appropriate level in regard to:
The preparation of plans for economic development and social justice
The implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the eleventh schedule and twelth schedule
2. Accordingly, in tune with constitutional provisions the Andhra Pradesh Panchayat Raj Act, 1994 was enacted which has come into force with effect from 30-5-1994.
3. The aim of the constitution is to decentralize the administration upto the grass-roots level as it is believed that democracy is best helped by more democracy and not by less democracy and also that India which is presently a broadest representative democracy is to be transformed into a vibrant participatory democracy. The elected representatives of the local bodies are associated in some aspects or other in respect of some programmes of certain departments but the spirit of the constitution is that the programme should be implemented by the local bodies instead of local bodies merely getting associated with them.
4. To make the Local Body Institutions, a self Government, the Government have deliberated on the various issues that would strengthen the Panchayat Raj Bodies in their functioning and in augmenting their resources at the grass-root level. Thereafter, it is felt necessary to transfer certain subjects to Panchayat Raj Local Bodies.
5. Government after careful consideration of all the above aspects direct to entrust the following functions and responsibilities to Panchayat Raj Bodies (MPP and ZPP) with immediate effect, pertaining to Health Medical & Family Welfare Department.
To review the implementation of the National Health Programmes such as NMEP, NTBCP, NPCB, NLEP, Family Welfare Programme, Programmes for MCH activities Programmes initiated by the State Government and Government of India.
To review the implementation of resolutions of Advisory Committees
To review the Janmabhoomi Programmes i.e. conduct of Health Camps extension training centre.,
To review general maintenance and up keep of the surroundings of the Medical Institutions including sanction, hygiene extension training centre.,
To educate the people of those areas about the health activities of the Medical Department through the media available with Panchayat Raj Institutions;
To review of steps taken to prevent outbreak of epidemics
Review maintenance and construction of Medical and Health Institutions
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
