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Monday, August 31, 2020
Monday, August 24, 2020
Abadi and Gramakantham Lands
ABSTRACT
LANDS – Government Land – General – Issue of ‘NoCs’ for the lands which are
classified as ‘Gramakantham’ and categorized as ‘Government Poramboke’ in
Revenue Records – Clarification on the criteria to be fixed for issue of ‘NoC’s –
Orders - Issued.
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- Lr. No. B2/733/2012-1, dated 12.02.2013, received from the Special CS and CCLA, AP Hyderabad.
- Lr. No.B2/733/2012-1, dated 26.9.2013 received from the Special CS and CCLA AP Hyderabad.
As regards issue of ‘NoCs’ for the lands which are classified as ‘Gramakantham’ and categorized as ‘Government Poramboke’ in revenue records a meeting was held on 15.12.2012 in the O/o CCLA chaired by the Special Commissioner, O/o CCLA and the Joint Collector, Krishna, Joint Collector, Srikakualm, Assistant Inspector General, O/o C&IG and RS, DRO-Warangal, AD-S.S & L.R, were present.
2. In the said meeting, the Collectors – Krishna, Vizianagaram & R.R Districts have informed that there are so many applications are being filed for issuance of ‘NoC’ for sale of “Gramakantham’ lands. As verified from the village records the ‘Gramakantham’ lands were categorized as ‘Government Poramboke’. Some of the lands were neither assigned nor have ceiling lands and several transactaiosn have been taken place earlier. No records are available showing that they are Government lands. But, they were noted in the Government lands list, as they were categorized as Government Poramboke and, were communicated to the SubRegistrars by the Tahsildars. Hence, the Sub-Registrars are insisting for ‘NoC’ for Registration of lands classified as ‘Gramakantham’ and several such ‘NoCs’ are pending and requested necessary orders on the criteria to be fixed for issue of’NoC’s for registration of lands which are classified as ‘Gramakantham’. Therefore, the Special Commissioner invited the Officers to put-forth their views &suggestions on the issue.
3. The Assistant Director (Headquarters), O/o SS&LR has expressed the Section 24 of A.P. (TA) Land Revenue Act, 1317 Fasli declares that among others, all lands wherever situated, except those belonging to persons or class legally capable of holding property and to the extent so far as their such rights are established and those in respect of which any other order under any law may have been given are the properties of Government. Further, she expressed that the Government in G.O. Ms. No.1039, Revenue (R) Department, dated 13.09.1972, clarified that in the case of vacant lands in the ‘Abadi’ no private occupancy should be recognized, except where the occupant is able to prove a valid grant from the Government. Even, in cases where the ‘Abadi’ or village is vested in the local bodies under the related enactments, such vesting is only for the purpose of communal use and the local bodies are not competent to dispose such land in any manner and the village / town site cannot be appropriated without the previous permission of the Government.
4. Taking into consideration of the views expressed in the meeting, and as per the recommendations of the Special Chief Secretary and CCLA, Government hereby issue the following guidelines for issue of ‘NoCs’ for the lands which are classified as ‘Gramakantham’ and categorized as ‘Government Poramboke’ in Revenue Records.
- A detailed field survey of each and every Gramakantham Poramboke needs to be taken up under provisions of Survey and Boundaries Act, 1923;
- All the structures and sites that are being used by the community needs to be sub-divided and needs to be assigned with separate sub-division / survey numbers;
- Before finalizing the status of lands that are being used by the community such as roads, religious places public offices, public gathering places, public buildings etc. a notice shall be published under the provisions of Survey and Boundaries Act, 1923 and needs to be finalized as per the statutory provisions of Survey and Boundaries Act, 1923.
- All the sub-divisions that comes under communal places shall be recorded in POB and intimated to the Registration Department u/s 22(A) of the A.P. Registration Act, 2007;
- The remaining lands which belongs to the individuals and institutions also needs to be verified by the Revenue Authorities before clearing for ‘NOC’ or Registration, as there is no case-wise sub-division in the FMB and up-dation of enjoyment details in any Revenue Records with respect of such lands;
- The property owned by a private individual or a family in village site especially cattle sheds / other agrarian and domestic purpose by way of dwelling houses in rural areas can be considered to be treated a private property and the persons under whose possession the lands are occupied be allowed to sell away their lands and No Objection Certificate on their request can also be issued, since those lands are inherited from their ancestors;
- But, it is desirable to allow up to 0.20 cents instead of Ac.0.35 cents in the village sites of rural areas to avoid land grabbers, since the Government already permits pretty encroachments upto Ac.0.20 cents as per Section 8 of BSO-26 i.e. un-authorized occupation of Government land;
- However, in urban areas occupations in village site / Gramakantham can be limited up to Ac.0.10 cents to avoid land grabbing by others;
- A detailed survey on village site poramboke by survey Department to ascertain age old occupations by way of thatched house, pucca and tiledhouses and to maintain a separate register by the concerned Village Revenue Officer who is primarily responsible to protect the village sites / Gramakantha shall be prepared and thereafter, take necessary action on these guidelines;
- Some of the big farmers usually have threshing floors besides having cattle sheds and residential houses, in those case No Objection Certificates are desirable to be issue for the purpose of selling residential houses only so that house sites upto Ac.0.02 cents can be issued to the eligible poor people who does not have houses;
- Issue of Possession Certificates can be considered with non-alienable condition imposed, otherwise the same can be become hindrance to large scale infrastructural projects;
- Case-by-case processing is the appropriate procedure, instead of conducting large scale survey etc to identify the extent of site occupied for the dwelling units & community purposes;
- Certain clear cut instructions need to be issued to adopt by the District Administration for issuance of NOCs to the applicants;
- VROs and Panchayat Secretaries may be made accountable for the proposals sent by them after due verification;
- If there is no objection to the interest of public in large, then NOC can be granted;
- Receipts of Local body taxes viz., municipalities / gram Panchayats etc can be considered while recommending for issue of ‘NOC’.
5. The Special Chief Secretary and CCCLA,AP Hyderabad shall take further necessary action in the matter.
The Special Chief Secretary and CCLA, AP Hyderabad.
The Commissioner, SS&LR, Hyd.
The IG – Regn. & Stamps, AP Hyd.
The Commissioner, Panchayat Raj, AP Hyd.
All District Collectors.
Copy to:
All Assignment Sections in Rev. Dept.
SF / SC
SECTION OFFICER
Saturday, August 8, 2020
Works Execution in Tribal sub plan areas
ABSTRACT
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- G.O Ms.No.25, Social welfare (V) Dept., dt 13-2-1986
- G.OMS.NO 355, general administration (Ser.A) Dept., dt 11-5-1990
- G.O.Ms.No.176, Irrigation & Command Area Development Dept., dt 3-6-1992
- From the Commissioner of Tribal Welfare , Hyderabad Lr.No. DTW/L2/17621/92, dated 5-12-1992.
- From the Commissioner of Tribal Welfare, Hyderabad. Lr.No.DTW/L2/17621/92, dated 29-3-1993
In the interest of speedy and quality execution of work and also to ensure the accrual of benefits to the local tribals themselves and to inculcate a sense of belonging through participatory approach, government have decided to entrust the execution of all Civil works benefiting the tribes in tribes in tribal area and other areas to village Development Committees/Mahila Sanghams / (Grama Abhivrudhi Sangam)/Societies comprising of the local tribals etc. on nomination basis irrespective of financial limit’s and depending on local initiative and discretion of the project officer, integrated Tribal Development Agency/District Collector concerned.
2. Considering that various civil works in the tribal areas are implemented by various Departments, Government have also decided that it is necessary to delegate certain powers to District Collectors/Project officers, Integrated Tribal Development Agencies in regard to according administrative/technical sanctions to the works relating to minor irrigation, Panchayat Raj and Tribal Welfare Departments executed Tribal areas.
3. The following delegation of powers is, therefore, ordered with immediate effect in as for as works in tribal areas are concerned.
- Administrative Sanction:
- Project officer, Integrated tribal Development Agency shall be competent to accord administrative sanction of all the works up to a limit of Rs 3.00 lakhs in the area of his jurisdiction;
- District Collector concerned shall be competent to accord administrative sanction for all the works exceeding Rs. 3.00 lakhs in tribal area:
- District Collector small be competent to accord sanction for all the works in the areas other than the Tribal Sub-Plan areas:
- Technical Sanctions:
- Executive Engineer concerned shall be competent to accord technical sanction to works up to Rs 5.00 lakh:
- Superintending Engineer concerned shall be competent to accord sanction for all the works not exceeding Rs 25.00 lakhs:
- The Chief Engineer shall be competent to accord technical sanction for the works above Rs 25.00 lakhs.
Delegation of powers for purchase of materials:
Integrated Tribal Development Agency:
The purchase/procurement of materials for the implementation of the works shall be made through a committee consisting of District Collector, Project officer, Integrated Tribal Development Agency and the Executive Engineers of the concerned departments except for those materials, purchases of which are centralised .
In the case of Lift Irrigation Schemes, the representatives of ayacutdars will also be involved in the purchase committees by co-option. The project officer, Integrated Tribal Development Agency concerned will be the Convener.
In non-Integrated tribal Development Agency areas the District Collector, shall nominate any other suitable officer as a convener.
3. Government have also decided that entrustment of works benefiting is the tribal in the tribal and other areas shall be essentially by nomination and the following powers for nomination are delegated:
- The project officer, Integrated Tribal Development Agency/District Collector concerned shall take due decisions to interest to entrust the works depending on the initiative and interest to the local village Development Committees mahila Sanghams/ Societies Ayocutdars /beneficiaries, etc.
- Priority in sanction of works is to be considered in favor of local tribals wherever they are willing to take up the work on their own.
- The local Village Development Committees/Mahlla Sanghams /Societies Ayocutdars / beneficiaries, etc. of concerned scheduled Tribes shall be entrusted with the works irrespective of financial limits providing all the technical assistance and guidance necessary:
- Exemption from collecting earnest money Deposit for the works taken up by them is made:
- No solvency certificate need be insisted upon from them for the purpose of Registration.
4. The procedure as prescribed in the Annexure to this order shall be followed for execution of works. However, the Commissioner of Tribal Welfare/Director of Tribal Welfare, Hyderabad is authorized to issue such additional guidelines within the frame work of the Government orders as may be necessary from time to time to ensure smooth implementation of the Programme /works.
5. These orders are issued pending amendments/ relaxations to the Codes relevant to Minor Irrigation/Panchayat Raj works, However, this order will not apply to the works of Roads & Building and Major Irrigation Wing.
6. Withdrawal of sanction order of funds from the Joint Account etc., shall be vested with the project officers, Integrated Tribal Development Agencies in Integrated Tribal Development Agency Districts and the District Collectors in Non-Integrated Tribal Development Agency districts in case of any dispute or deviation of procedure after taking up of the work.
7. This order issues with the concurrence of Finance & Planning (Fin. Wing) Department vide their U.O.No 1645/44/Expr.PWD/94-1, dated: 2-2-1994.
The Commissioner of Tribal Welfare, A.P., Hyderabad
The Chief Engineer (Tribal Welfare), Hyderabad.
All Project officers of Integrated Tribal Development Agencies.
All District Collectors.
Copy to :
Panchayat Raj & Rural Development Department.
Irrigation & Command Area Development Department.
Transport, Roads & Buildings Department.
Finance & Planning (Fin. Wing) Department.
All Superintending Engineers and Executive Engineers of Tribal Welfare though Chief Engineer (Tribal Welfare), Hyderabad
Managing Director, A.P Sch. Castes Coop. Finance Corpn.Ltd., Hyderabad.
Managing Director, A.P Sch. Tribes Coop. Finance Corpn.Ltd., Hyderabad
P.S to Prl Secretary to Government, Social Welfare Department.
P.S to Secretary to Government, Tribal Welfare
P.A to joint Secretary to Government S.W (Tribal Welfare ) Dept.
Social Welfare ‘SCP,II ’’E’ ‘D’ and ‘T’ Sections.
S.F./S.C
Sd/-
SECTION OFFICER
PROCEDURE FOR EXECUTION OF COMMUNITY ASSETS, LOCAL VILLAGE DEVELOPMENT COMMITTEES /MAHILA SANGHAMS ETC
BY PARTICIPATOR/MANAGEMENT
- ORGANISATION OF VILLAGE DEVELOPMENT COMMITTEES: Basing on the experience so far in involving the village community in planning execution, maintenance and management of works like buildings, minor irrigation schemes etc., the Assistant Engineer concerned with the assistance of staff / Non-Government organisations identified by the project officers /Sub-collector etc., will motivate the villagers by organizing visits to such Villages /works. The Villagers / Ayacutdars / Mahila Mandali of that village, as case may be, will be organized into a village Development Committee (V.D.C) The village Development Committee will select and amongs them as their representative to be the joint account holder.
- The Assistance Engineer shall conduct a training class in the Village for men and women to give exposure on various technical on various technical details of the proposed work. The Assistant Engineer will furnish a copy of the cross-sectional diagram and suitably explain the scheme (If minor irrigation scheme) to the community/Village development Committee. The Assistant Engineer and work inspector shall take responsibility to give necessary training and guidance in all items of work, Viz., earth work excavation, collection of metal of specified sizes, construction of masonry/ walls curing etc, this shall also pick up two on throe tribes and attach them to the skilled masons, rod benders, carpentry etc., for training the Village Development Committees, may be supplied with required tools at the beginning of the training.
- The Village development Committee shall be consulted in the identification of site and nature of Minor Irrigation Schemes.
- A separate note book shall be maintained by Village Development Committee, Mahila Sangham etc., for all the details of work viz., items like sand, iron, metal, cement, their unit rates and quantities etc. This shall be written in the local language by the literate member, as nominated by the Community.
- Normally, it is found that the tribes working on podu not have suitable implements for carrying out the construction works. The Assistant Engineer shall assess in consultation with the local tribals and provide needed implements like spade gamala, crowbar, hammer etc., through the woman’s group,/Village Development Committee form tools and plants provision.
- The Executive Engineer/Assistant Engineer shall be responsible to supply estimated quantity of cement/ steel for the work at site preferably in bulk or from time to time as decided by the project officer/District Collector the entries of which will be made by the nominee or Village Development Committee in the note book of Village Development Committee /Mahila Sangham etc., from time to time with a view to keep the entire transactions in the knowledge of Mahila Sang ham Members/Village Development committee Members.
- As far as possible , work inspector shall be positioned close to work sites preferably at the rate of one person for cluster of villages (Contiguous)with a view to ensuring frequent visits and rendering guidance to tribals in all respects of the execution of works programme.
- The Assistant Engineer shall cause open a special savings Bank Account with nearby branch of Commercial / Cooperative / Rural Banks in the name of village, Development Committee etc., and funds pertaining to the Labour component or any other material like sand etc., may be deposited in instalments. The Special Savings Bank Account money may be treated as imprest amount.
- The Bank Account shall be operated under tie joint signatory of the/ Assistant Engineer and the representative of Village Development Committee /Mahila Sangham etc, It shall be ensured that the tribes receive payments one day before the shandy day facilitating them to buy their provisions/ requirements in the weekly shandy and actively participate in spendy execution of work.
- The Assistant Engineer shall also record the value of work done atleast on weekly basis and arrange payments.
- The deputy Executive Engineer shall inspect the sand quarries and ensure quality of sand for use at site. Work Inspectors shall certify the quality of work in their visits from time to time. The Deputy Executive Engineer shall also inspect the works thoroughly to ensure the quality of work executed.
- During the course on execution, the Assistant Engineer shall appreciate the modification suggested of the tribal for any changes proposed for utmost utility of the structures, He is, therefore requested to incorporate such modifications with the prior approval of District Collector/ project Officer, Integrated Tribal Development Agency.
- Executive Engineer shall ensure that the works are completed within the time schedule and the assists created are durable.
- The Engineering Division shall adopt special rates of wages in the S.S.R. provided for construction works in the hilly and interior tracts wherever applicable.
- During the course of construction, the members of the Village Development Committee women group etc., may be constantly motivated to save part of their wages towards thrift fund from their own wage component.
- Steel and cement required for the work shall be supplied Departmentally only. There should be close monitoring and also quality control check/ verification of works executed by Executive Engineer /officers nominated by District Collector/Project Officer , Integrated Tribal Development Agency.
- After Completion of work, N.M.R vouchers, bills, paid vouchers and all the connected records including M. books shall be hands over to Executive Engineers Officer at integrated tribal Development Agency Headquarters and for Non-Integrated Tribal Development Agency districts to Executive Engineer Concerned.
- The Work Inspector at site, shall write his diary and it shall be checked by the Deputy Executive Engineer from time to time.
- All necessary steps to ensure that quality of works are maintained shall be taken by the engineering/Technical Staff/ District Collector/ Project Officer, Integrated Tribal Development Agency. Apart from imparting necessary training to the members, the and for taking up curing, proper consolidation of tank bund and such other measures would also be exclaimed to them to enable them to appreciate the need for same.
- On completion of the work, the Committee (in case of Minor Irrigation schemes) will be given training on day to day maintenance of the scheme such that their dependence, on the Government for such maintenance is minimized to the extent possible, Such other Steps shall be taken to ensure that the funds are spent properly to yield best possible results for which intensive monitoring, frequent visits by all supervisory officers including Project Officers of Integrated Tribal Welfare, officer etc., shall be undertaken.
- After completion of work understood, Project Officer, integrated Tribal Development Agency /Collector may allocate 50% of the unspent balances, if any, to the Committee/ Sangham which executed the work to be matched with contribution by beneficiaries, 50% of such savings will be deposited in the joint account to be used towards maintenance or repairs of the structure/ assets so created and the balance 50% of unutilized funds may be spent for other such other communiy requirements, etc., as the Village Development Committee or sangham etc., may decide.
- In case any demand is made by Village Development Committee etc., for revision of estimates etc., Collector/Project Officer Integrated Tribal Development Agency may utilize the services of Government recognized Engineering Agency or University Engineering wings for preparation of Revised Estimates/check measurement etc.
- The interest , if any, accrued on those grants deposited by Integrated Tribal Development Agency/District Collector in the Bank should be remitted back to the Project Officer, Integrated Tribal Development Agency/District Collector, what in turn can allocate as para 21.
- The type design estimate sanction proceeding etc., approved has to be provided to the Village Development Committee/Mahila Sang ham etc., concerned.
- Supply of quality material and ensuring quality is the responsibility of the Engineering/technical department entirely.
- The members of the Village Development Committee/Mahila Sangham/ Ayacutdars Committee .etc., are to be involved in the purchase of material component in case of lift Irrigation Schemes.
- Since the procedure envisages constant technical guidance and skilled training where necessary etc., the Engineering staff to be entrusted with such works should be selectively identified/posted and duly motivated.
- The ensure proper implementation of the programmes, the District Collector/ Project Officer, Integrated Tribal Development Agency may involve the Revenue Divisional Officer/ Sub-Collector or any other officer for monitoring /review etc., as may be demand necessary at the various stages of the implementation.
Thursday, August 6, 2020
G.O.Ms.No.10 entrust of P.R. Works without Rice
ABSTRACT
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- G.O.Ms.No.37, P.R.&RD (progress-1A) Dept., dt 18-2-2005
- G.O.Ms.NO 198, P.R.&RD (RWS-1) Dept., dt 06-6-2005.
- G.O.Ms.No.18, Planning(V-1) Dept., dt 09-11-2005.
- From the Chief Engineer Panchayat Raj, Hyderabad Lr.No.W/19/4555/PKM/2005, dated 18-11-2005.
- From the Engineer in Chief, Panchayat Raj, Hyderabad. Lr.No.T1/18233/75. ted 19-12-2005.
1). In the reference 1st read above,orders were issued entrusting the works with an upper limits of Rs. 5-00 lakhs, to th works committees, Sef Hlf Goups at village level with certain guidelins.
2) In the reference 2nd read above, orders were also issued extending the scope of orders issued G.O. 1st read above, to the R.W.S. works on nomication basis costing up to Rs. 5-00 lakhs Rupees without tie rice up.
3). In the reference 3rd read above, orders were issued for execution of works under developmental proggrammes at the Assembly Constituancy level, with an upper limits of Rs. 5-00 lakhs can also be entrusted to village level works committee/ Self Groups/ User Groups consisting of stake holders. The nominee of the committee or group should enter in to an aggreement with the executine agency.
4). In the reference 4th and 5th read above, the Ingineer in Chief/ Chief Engineer Panchayat Raj, Hyderabad has requested to extend the powers of entrustment of P.R. works also on nomination basis costing the works up to 5-00 lakhs even without rice tie up as issued in G.O. 2nd read above, since there is descripancy P.R and R.W.S works in method of entrustment of works tied up rice component works and also non-availibility of rice in some of Districts.
5). Government of after carefull consideration of the mater, here by extend the power for entrustment of works with an upper limit of Rs. 5-00 lakhs even without rice tie up to the works committee/ Self Help Groups at the village level by following guidelines issued in the G.O. 1st read above.
6). The Engineer in Chief Panchayati Raj, Hyderabad shall take necessary further action, in the matter, accordingly.
Monday, August 3, 2020
TPR Act,2018 Dummy
(G.O.Ms.No.30, Panchayat Raj Rural Development and Relief, Dt. 20-1-1995)
- 1. G.O.Ms. No.113, P.R. & R.D. (Pts-III) Dt. 22.03.1996.
- 2. G.O.Ms.N0. 98, P.R & R.D. (Pts.III) Dept., Dt. 14-03-2002.
- 3. G.O.Ms.N0. 382, P.R & R.D. (Pts.I) Dept., Dt. 14-12-2012.
- 4. G.O.Ms.N0. 431, P.R & R.D. (Pts.III) Dept., Dt. 30-10-2013.
In exercise of the powers conferred by sub-section (l) and clause (xxvii) of sub-section (2) of Section 268 of the Andhra Pradesh Panchayat Raj Act (Act No. 13 of1994) the Governor of Andhra Pradesh hereby makes the following rules relating to certain taxes and the lodging of moneys received by the Grampanchayats and payment of moneys from Gram Panchayat Fund.
RULES RELATING TO TAXES OTHER THAN THOSE SPECIFIED IN SECTION 71
- The executive authority shall, save as otherwise provided in these rules, determine the tax to which each person or property is liable:
Provided that in the case of taxes payable by the executive authority, the assessment shall be made by the gram panchayat.
- If, at any time, it appears to the gram panchayat that any person or property has been inadequately assessed or inadvertently or improperly omitted from the assessment book relating to any tax or that there is any clerical or arithmetical error in the said books, it may direct the executive authority to amend the said books' in such manner is it deems just or necessary:
Provided that no such direction shall be given, where it involves an increase in the assessment, unless the person concerned has been afforded a reasonable opportunity to show cause to the gram panchayat why the assessment books should not be amended as proposed.
- Such amendment shall be deemed to have taken effect on the earliest date, either in the current year or in the two years immediately preceding it, on which the circumstances justifying the amendment existed.
- The executive authority shall give to every person making payment of a tax a receipt thereof signed by him or by some person duly authorized by him in that behalf.
- Such receipt shall specify -
- the date of the grant thereof;
- the name of the person to whom it is granted;
- the tax in respect of which the payment has been made;
- the period for which payment has been made; and
- the amount paid.
- When a proportionate rate has been adopted by the gram panchayat, it may group the houses in the village into classes to simplify the calculation and the collection of the tax.
- When a progressive rate has been adopted by the gram panchayat, it shall
- prescribe principles of classification (as that a certain sum, which shall be tax-free shall be deducted from the assessment of each house, or that the progression shall be from a certain percentage in the lowest to a certain percentage in the highest class), and
- settle the precise number and limits of each class.
- The gram panchayat shall not in either case so arrange the classes as to affect substantially the principle of taxation whether proportionate or progressive, and the number of classes shall in no case be less than six.
- The Village Administrative Officer having jurisdiction over any area comprised in the village, shall on the requisition of the executive authority prepare and furnish to him a list of all houses within such area and shall enter in the list the names of owners and occupiers of such houses,
- The Village Administrative Officer shall be entitled for the preparation of such list to receive such remuneration, if any, as the gram panchayat may, subject to the sanction of the District Collector, fix.
- The executive authority may amend the assessment books at any time between one general revision and another by inserting any house therein or removing any house there from or by altering the valuation or classification of any house, or the amount of tax. payable in respect •thereof or, subject to any other rules which the Government may make in this behalf, by substituting therein for the name of the owner of any house, the name of any other person who has succeeded by transfer or otherwise to the ownership of the house:
- Such amendment shall be deemed to have taken effect on the first day of the year in which it is made:
Provided that when the amendment is made in any year after the expiration of the date on which payment of the tax is due, it shall have effect only from the succeeding year, except where the amendment gives effect to the fixation of the fair rent under the law relating to the control of lease and rent of building for the time being in force:
Provided further that, where the amendment is rendered necessary by reason of the fixation of the fair rent of a house under the law aforesaid, the amendment shall have effect as from the date on which the fair rent was so fixed:
Provided also that the decision of the executive authority in disputed case of transfer of ownership of a house shall not give the transferee a legal title to the house.
- In every case in which, between one general revision and another, the executive authority assesses any house for the first time or increases the assessment on any house otherwise than in consequence of a general enhancement of the rate at which the house tax is leviable, the executive authority shall intimate by a special notice to the owner or occupier Of such house that a petition for revising the assessment will be considered, if it reaches the gram panchayat office within sixty days from the date of service of such notice in the case of the State or Central Government or a company, and within thirty days from the date of service of such notice in other cases.
- 2[Omitted].
- The executive authority shall not be bound to cause new lists or assessment books to be prepared every year, but may adopt those of the preceding year with such amendments as have been made or may be made for the preceding year :
2["Provided that a general revision of assessment books shall be made before commencement of every financial year. The House Tax shall be revised every year by a uniform hike of 5% on the existing house tax of the preceding years fixing the year 2000-2001 as the base year. In such of those villages where the last revision of house tax was conducted before 2000-2001 an yearly hike of 5% would be added and 2000-2001 base rate shall be worked out"] substitute by
$[“Provided that a general revision of assessment books shall be made once in every five years]
Provided further that the Government may, by notification in the Andhra Pradesh Gazette, advance or postpone the date of general revision of assessment books or fix intervals at which such revision shall be made.
- 2[Omitted.] $[Public notice of such amendments and general assessment shall be given in the manner provided in Rul.8]
- *The general assessment shall be deemed to have taken effect on the first day of the year $[in which such notice is given]
13. The executive authority shall, subject to the provisions of rule 9, maintain the assessment books relating to the house-tax in accordance with 2[an yearly hike of 5% on the existing House Tax.]substituted by G.O.3rd
- “Notwithstanding anything in these rules, the Commissioner may notify a Gram Panchayat for the appointment of a revision Officer to conduct general revision of assessment books. The revision officer who may be appointed for a specific period shall exercise the powers, discharge the duties and perform the functions of the executive authority under these rules in so far as such powers, duties and functions relate to the revision of assessment books, under rule 12 on the issue of such a notification, for the term “executive authority” wherever it occurs in these rules in so far as they relate to such revision and publication of notices, the term “revision officer” shall be deemed to have been substituted.
- The Commissioner shall appoint a revision officer for a Gram Panchayat so notified and direct the executive authority to make available such staff from the Gram Panchayat as he may deem necessary to enable such officer to carry out his duties.
- The Commissioner shall recover from the Gram Panchayat concerned the whole or such proportion of the salary and allowances paid to the revision officer and such contribution towards the leave allowances and provident fund of that officer as the Commissioner may, by General or special order, determine.
- The executive authority shall, subject to the provisions of rule 9 maintain the assessment books relating to the house tax in accordance with the revision made by the revision officer.
- The executive authority shall, when so requested by the revision officer, make available to the revision officer such staff as may be necessary for the exercise of the powers, discharge of the duties and performance of the functions by the revision Officer.
- The Government shall regulate the classification, Methods of recruitment conditions of service, salary and allowances and discipline and conduct of the revision Officer appointed under sub – rule (2).”
- (1) The Executive authority shall send to every person, supposed to have become liable to the payment of vehicle tax, a printed table to be filled up with such information respecting the vehicles kept or used by him as the executive authority considers necessary for the assessment of the tax.
- (2) Such table shall be filled up with such information, in writing, and signed and dated and returned within one week of its receipt to the gram panchayat office by the person to whom it has been sent.
- (3) On the expiry of the period of one week referred to in sub-rule (2), the executive authority shall cause a notice to be served on such person requiring him to pay within thirty days of such service the sum for which in the opinion of the executive authority such person in liable on account of the vehicle tax.
- If the vehicle seized is not claimed and the tax due thereon is not paid within ten days from the date of seizure, the executive authority may direct that the vehicle shall be sold in public auction and the proceeds of sale applied to the payment of –
- the tax, if any, due on the vehicle sold;
- such penalty not exceeding the amount of the tax as the executive authority may direct; and
- a sum of fifty nays paise on account of charges incurred in connection with the seizure, detention and sale.
The balance of the proceeds of the sale shall be paid to the owner of the vehicle.
- If the owner of the vehicle or other person entitled thereto claims the same within ten days from the date of seizure or at any time before the sale, it shall be returned to him on payment of -
- the tax due thereon;
- such penalty not exceeding the amount of the tax as the executive authority may direct; and
- a sum of twenty-five naye paise on account of charges incurred in connection with the seizure and detention.
- The assessment and imposition of house tax under 2[Rule 7]$[and 12] and the orders of the executive authority under rule 11 upon a revision petition;
- The imposition by the executive authority of a tax on any vehicle; and
- The assessment of a tax on agricultural land, the levy of which has been sanctioned by the Commissioner under this Act.
- unless it reaches the office of the grampanchayat before the date fixed for the payment of tax complained of; and
- unless, except when the executive authority otherwise directs on the grounds of poverty, the tax in respect of which the appeal is preferred has been paid or deposited at the office grampanchayat before the date referred to in clause (i)
- 2[No appeal lies to the Gram Panchayat where House Tax is revised every year by an yearly hike of 5% on the existing House Tax.]$[ deleted]
Provided that the grampanchayat may admit an appeal within fifteen days after the date referred to in clause (i), if cause is shown to its satisfaction for not preferring before the date.
Provided that where any assessment is not in accordance with the assessment books, nothing in this rule shall be deemed to prohibit a fresh assessment or demand of the tax being made in accordance therewith.
- The powersofthcgrampanchayatunderrule2, period in respect of which the Commissioner may, by notification, so direct, be exercised by a special officer appointed by him. And thereupon the gram panchayat shall cease to exercise the said powers during the said period and rules 2 and 19 to 23 shall have effect as if for the words 'gram panchayat' wherever they occur in those rules, and for the expression 'executive authority' in rule 20, the words 'special officer appointed by the Commissioner in this behalf,' were substituted.
- A Special Officer appointed under sub-rule (l) shall have all such powers of the gram panchayat and of the executive authority as are necessary for the purpose of exercising his powers under the said sub-rule and he shall be entitled to the same protection as the gram panchayat or the executive authority, as the case may be, is entitled.
- The special officer shall be paid out of the gram panchayat fund such salary and allowance as the Commissioner may fix. If a Government servant is appointed as a special officer, the gram panchayat shall also make such contribution towards the pension and leave allowances of that servant as may be required by the conditions of his service under the Government to be made by him or on his behalf.
- When a house-tax is due from any person, the executive authority of the gram panchayat shall serve upon such person a bill for the sum due before he proceeds to enforce the provisions of rule 26.
- A notice under rule 14 and a bill under sub-rule (l) shall be signed by the executive authority or some person duly authorised by him in that behalf and shall contain —
- a statement of the period and description, of the occupation, property or thing which the tax is charged; and
- a notice of the liability incurred in default of payment.
- Where a notice referred to in rule 140rabillreferredtoin served or given either in the year in which the tax became due or in the succeeding year, the tax for the year first mentioned in this sub-rule shall not be recovered in the manner laid down in these rules:
Provided that where the assessment books have been amended under rule 2, the bill may be served either in the year in which the amendment was made or in the succeeding year.
- Nothing in this rule or in rule 26 shall preclude the gram panchayat from suing in a naye panchayat or civil court for the tax due to it.
- If the amount of the tax demanded is not paid within fifteen days from the service of the bill or the giving of the direction referred to in rule 11 or notice under rule 14 and if the person from whom the tax is due has not shown cause to the satisfaction of the executive authority why it should not be paid, the executive authority may recover by distraint under his warrant and sale of the movable property of the defaulter, the amount due on account of the tax together with the warrant fee and the distraint fee and with such further sum as will satisfy the probable charges that will be incurred in connection with the detention and sale of the property so distrained:
Provided always that the movable property described in the proviso to section 60 of the Code of Civil Procedure, 1908, shall not be liable to distraint.
- If for any reason the distraint or a sufficient distraint of the defaulter's property is impracticable the executive authority may prosecute the defaulter.
- The warrant under sub-rule (I) shall be in the form contained in Appendix—A to these rules or in some similar form, and for each such warrant a fee of 25 naye paise shall be levied.
- Under a special order in writing of the executive authority, any officer charged with the execution of a warrant of distress may, between sunrise and sunset, break open any outer or inner door or window of any building in order to make the distress, if he has reasonable grounds for believing that such building contains property which is liable to seizure, and if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance:
Provided that such officer shall not enter or break open the door of any apartment appropriated to women, until he has given three hours notice of his intention and has given such women an opportunity to withdraw.
- The officer charged with the execution of warrant shall, before making the distraint, demand payment of the tax due and the warrant fee. If the tax and fee are paid, no distraint shall be made, but if the tax or fee is not paid, the officer shall —
- seize such movable property of the defaulter as he may think necessary;
- make an inventory of the property seized; and
- give to the person in possession of the property seized, at the time of seizure, a copy of the inventory and the notice of sale in the form contained in Appendix—B to these rules or in some similar form:
Provided that a period of seven days shall be allowed for paying the amounts due and redeeming the property seized.
- The distress shall not be excessive, that is to say, (he property distrained as nearly as equal in value to the tax due by the defaulter together with all expenses incidental to the warrant. distraint. detention and sale.
- If the amount due by the defaulter on account of the tax, the warrant distraint fee and the expenses incidental to the detention of the property, are not paid within of seven days mentioned in the notice given under rule 27 and if the distraint warrant is susF0ded by the executive authority. the property seized or a sufficient portion shall be sold by public auction under the orders of the executive authority who shall apply the proceeds of the sale to the payment of the amount due on account of the tax, the warrant fee and the distraint fee and the expenses incidental to the detonation and sale of the property, return to the person In whose possession the property was at the time of seizure, any property or sum which may remain after the sale and application of the proceeds thereof as aforesaid. If the proceeds of the sale are insufficient for the payment of the amount due on account of the tax, the warrant fee and distraint fee and the expenses incidental to the detention and sale of the property, the executive authority may again proceed under rule 26 in respect of the sum remaining unpaid.
- When the property seized is subject to speedy and natural decay, the executive authority may sell it at any time before the expiry of the said period of seven days, unless the amount due is sooner paid.
- (3) The executive authority shall consider to the distraint of any property which is made within the said period of seven days and may postpone the sale pending investigation thereof. If the executive authority decides that the property attached was not liable to distraint, he shall return it, or, if it has already been sold, the proceeds of the sale to the person appearing to be entitled thereto and may again proceed under rule 26 and all fees and expenses connected with the first distraint and sale shall be recoverable from the defaulter, if it appears to the executive authority that he wilfully permitted the distraint of the property when to his knowledge it was not liable to distraint.
- Distraint fee shall be payable at such rates not exceeding those mentioned in Appendix—C to these rules as may be determined by the gram panchayat.
- such fees shall not be held to include the expenses incidental to the detention of any property distrained.
- Every person who is prosecuted under sub-rule (2) of rule 26 shall be liable, on Proof to the satisfaction Of the court that be wilfully omitted to pay the amount due by him or that he Wilfully prevented distraint, or a sufficient distraint, to pay a fine not exceeding twice the amount which may be due by him on account of—
- the tax and the warrant fee, if any, and
- if distraint has taken place the distraint fee and the expenses incidental to the detention and sale, if any, of the property distrained.
- Whenever any person is convicted of an offense under sub-rule (l) the court shall, addition to any fine which may be imposed, recover summarily and pay over to the grampanchayat the amounts, if any, due under the heads specified in clauses (a) and (b) of sub-rule (1) and may in his discretion, also recover summarily and pay the gram panchayat such amount if any, as he may fix as the costs of the prosecution.
LODGING OF MONEYS RECEIVED BY THE GRAM PANCHAYAT AND
PAYMENTS OF MONEYS FROM THE GRAM PANCHAYAT FUND
- A Gram Panchayat may invest sums not required for immediate use, in fixed deposits for a period up to three years in the State Co-operative Bank and District Central Cooperative Banks approved by the Registrar of Cooperative Societies for the purpose or in any other manner prescribed.
- A Gram Panchayat may invest any surplus in the earmarked funds either in Government securities or In the debentures of the Co-operative Central Land Mortgage Bank or in any other manner prescribed.
Provided that no such sanction shall be necessary for leaving in tile custody Of the executive authority, a permanent advance not exceeding such sum as may be fixed by the Commissioner by a general or special order.
- The District Panchayat Officer concerned may, for sufficient reasons to be recorded in writing, prohibit by an order any 3[Sarpanch] from drawing the moneys of the gram panchayat for such period as may be specified in such order.
Provided that no such order shall be passed unless opportunity of making representation as been given to the 3[Sarpanch] concerned;
provided further that the District Panchayat Officer may issue an interim direction to the 31Sarpanch] not to draw the moneys of the gram panchayat pending the exercise of his powers under this sub-rule.
- Any 3[Sarpanch] aggrieved by an order passed by the District Panchayat Officer concerned under sub-rule ( 1 ) may prefer an appeal in writing to the District Collector concerned within seven days of the receipt of the order and the decision of the District Collector thereon shall be final.
- Every order passed under sub-rule (l) shall specify the name of the person or the authority who shall draw the moneys of the gram panchayat during the period during which the 3(Sarpanch] is prohibited from drawing such moneys.
- A copy of every order passed under sub-rule (1) or sub-rule (2) shall be communicated to all banks and treasuries in which the moneys of the gram panchayat are lodged.
- On and from the date of receipt of such order by any bank or treasury, no payment shall, for the period specified in such order, be made to the 3[Sarpanch] who is prohibited by such order from drawing the moneys of the gram panchayat.
(Rule 26(3))
Distraint Warrant
To,______________________________________
(Name of officer charged with execution of warrant)
(Specify tax or taxes due and premises, if any in respect of which the tax is or taxes are due)
Whereas .............................of.................................. has not paid or shown sufficient cause for the non-payment of the sum of Rs............... P......... due for the tax or taxes noted above for the........ending 19..... although the said sum has been duly demanded from the said .....................and fifteen days have elapsed since such demand was made; This is to command you to demand the said sum of Rs .....................failing the payment of which you are to distrain the goods and chattels of the said (or as the case may be, any goods and chattels found on for warrant fee and the premises referred to), to the amount of the said sum of Rs. ..................P..... .together with Paise........ distraint fee, making together a sum of Rs............... P. .....and such further sum as may be sufficient to defray the charges of keeping and selling such distraint; and if within seven days next after such distraint, the amount due on account of the said tax or taxes and fees shall not be paid, together with such further sum as may be sufficient to defray the charges of keeping such distraint, to sell the said goods and chattels under orders to be hereafter issued by me, and to remit to the office of the gram panchayat the sale proceeds of the distrained property, out of which the amount due on account of the said tax or taxes and fees, namely, Rs............. P..... and the charges of keeping and selling such distraint will be deducted and credited to the ...................... fund, and the surplus, if any, returned to the owner of the goods and chattels, distrained. If distraint or sufficient distraint cannot be found of the goods and chattels of the said.................... you are to certify the same to me together with this warrant.
Date
$[amended as per G.O.Ms.No.382. P.R.&R.D (Pts.I) dated 14.12.2012]
1[amended by G.O.Ms.No.431.PR&RD (Pts.III) dep. Dated.30.10.2013
Form of inventory and Notice of Sale.
(Rule 27(i))
Take notice that I have this day seized the goods and chattels specified in the above inventory for the sum of Rs................. P....... due for the tax or taxes mentioned in the margin for the........... ending.........19.......and that unless you pay into the office of the gram panchayat the amount due together warrant fee, the distraint fee and the cost of keeping the goods and chattels, within seven days from the date of this notice, the goods and chattels will be sold on the ...........day of119.....,at the grampanchayat office or at such other place the executive authority may direct, and that the goods and chattels may be sold at any previous date, if they are liable to speedy and natural decay.
Table of maximum fees payable on distraints
(Rule 29(i))
Sums distrained for — | Rs. P. |
---|---|
1 under rupee | 0.25 |
1 rupee and over under 5 rupees | 0.50 |
5 rupees and over but under 10 rupees | 1.00 |
10 rupees and over but under 15 rupees | 1.50 |
15 rupees and over but under 20 rupees | 2.00 |
20 rupees and over but under 25 rupees | 2.50 |
25 rupees and over but under 30 rupees | 3.00 |
30 rupees and over but under 35 rupees | 3.50 |
35 rupees and over but under 40 rupees | 4.00 |
40 rupees and over but under 45 rupees | 4.50 |
45 rupees and over but under 50 rupees | 5.00 |
50 rupees and over but under 60 rupees | 6.00 |
60 rupees and over but under 80 rupees | 7.50 |
80 rupees and over but under 100 rupees | 9.00 |
100 rupees and over | 10.00 |
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