G.O.Ms.No.111 of Municipal Administration Dated the 8th March, 1996.

Abadi and Gramakantham Lands

GOVERNMENT OF ANDHRA PRADESH
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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Revenue (Assignments.I) Department

G.O. Ms. No. 100.

Dated 22.02.2014.

Read the following :-

1. Lr. No. B2/733/2012-1, dated 12.02.2013, received from the Special CS and CCLA, AP Hyderabad.
2. Lr. No.B2/733/2012-1, dated 26.9.2013 received from the Special CS and CCLA AP Hyderabad.

-:o:-

ORDER:

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.

1. A detailed field survey of each and every Gramakantham Poramboke needs to be taken up under provisions of Survey and Boundaries Act, 1923;
2. 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;
3. 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.
4. 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;
5. 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;
6. 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;
7. 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;
8. However, in urban areas occupations in village site / Gramakantham can be limited up to Ac.0.10 cents to avoid land grabbing by others;
9. 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;
10. 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;
1. Issue of Possession Certificates can be considered with non-alienable condition imposed, otherwise the same can be become hindrance to large scale infrastructural projects;
2. 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;
3. Certain clear cut instructions need to be issued to adopt by the District Administration for issuance of NOCs to the applicants;
4. VROs and Panchayat Secretaries may be made accountable for the proposals sent by them after due verification;
5. If there is no objection to the interest of public in large, then NOC can be granted;
6. 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.

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

B.R.MEENA

PRINCIPAL SECRETARY TO GOVERNMENT

To
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

/ Forwarded :: By Order /
SECTION OFFICER  

Works Execution in Tribal sub plan areas

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

  Tribal Welfare Department - Works programmes for the benefit of Scheduled Tribes – Allotment of works in Tribal Sub-Plan Areas and other Areas to the Local Village Development Committees (VDCs)/Mahile Sanghames/Societies/Ayacutdars / Beneficiaries – contain concessions – Sanctioned.
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SOCIAL WELFARE (V2) DEPARTMENT

G.O.MS .NO 30.

Dated 17th February, 1994.

Read the following :-

1. G.O Ms.No.25, Social welfare (V) Dept., dt 13-2-1986
2. G.OMS.NO 355, general administration (Ser.A) Dept., dt 11-5-1990
3. G.O.Ms.No.176, Irrigation & Command Area Development Dept., dt 3-6-1992
4. From the Commissioner of Tribal Welfare , Hyderabad Lr.No. DTW/L2/17621/92, dated 5-12-1992.
5. From the Commissioner of Tribal Welfare, Hyderabad. Lr.No.DTW/L2/17621/92, dated 29-3-1993

***

ORDER:

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.

1. Administrative Sanction:
   1. 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;
   2. District Collector concerned shall be competent to accord administrative sanction for all the works exceeding Rs. 3.00 lakhs in tribal area:
   3. District Collector small be competent to accord sanction for all the works in the areas other than the Tribal Sub-Plan areas:
2. Technical Sanctions:
   1. Executive Engineer concerned shall be competent to accord technical sanction to works up to Rs 5.00 lakh:
   2. Superintending Engineer concerned shall be competent to accord sanction for all the works not exceeding Rs 25.00 lakhs:
   3. 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:

1. 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.
2. 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.
3. 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:
4. Exemption from collecting earnest money Deposit for the works taken up by them is made:
5. 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.

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

T. MUNI VENKATAPPA

PRL. SECRETARY TO GOVERNMENT

To,
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

//Forwarded :: By order//

Sd/-
SECTION OFFICER

A N N E X U R E

PROCEDURE FOR EXECUTION OF COMMUNITY ASSETS, LOCAL VILLAGE DEVELOPMENT COMMITTEES /MAHILA SANGHAMS ETC
BY PARTICIPATOR/MANAGEMENT

1. 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.
2. 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.
3. The Village development Committee shall be consulted in the identification of site and nature of Minor Irrigation Schemes.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. The Assistant Engineer shall also record the value of work done atleast on weekly basis and arrange payments.
11. 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.
12. 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.
13. Executive Engineer shall ensure that the works are completed within the time schedule and the assists created are durable.
14. 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.
15. 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.
16. 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.
17. 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.
18. The Work Inspector at site, shall write his diary and it shall be checked by the Deputy Executive Engineer from time to time.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. The type design estimate sanction proceeding etc., approved has to be provided to the Village Development Committee/Mahila Sang ham etc., concerned.
25. Supply of quality material and ensuring quality is the responsibility of the Engineering/technical department entirely.
26. 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.
27. 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.
28. 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.

T. MUNI VENKATAPPA

PRL. SECRETARY TO GOVERNMENT

G.O.Ms.No.10 entrust of P.R. Works without Rice

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Panchayat Raj and Rural Development- Reforms in Panchayat Raj execution of works with rice tied up with rice component- Method of entrustment of works- Certain guuidelines- Orders Issued.
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PANCHAYAT RAJ AND RURAL DEVELOPMENT (PROGRESS-1A) DEPARTMENT

G.O.Ms.No. 10.

Dated 10th January, 2006.

Read the following :-

1. G.O.Ms.No.37, P.R.&RD (progress-1A) Dept., dt 18-2-2005
2. G.O.Ms.NO 198, P.R.&RD (RWS-1) Dept., dt 06-6-2005.
3. G.O.Ms.No.18, Planning(V-1) Dept., dt 09-11-2005.
4. From the Chief Engineer Panchayat Raj, Hyderabad Lr.No.W/19/4555/PKM/2005, dated 18-11-2005.
5. From the Engineer in Chief, Panchayat Raj, Hyderabad. Lr.No.T1/18233/75. ted 19-12-2005.

*****

ORDER:

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 4^th and 5^th 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. 2^nd 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. 1^st read above.

6).  The Engineer in Chief Panchayati Raj, Hyderabad shall take necessary further action, in the matter, accordingly.

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

M.SAMUEL.,

PRINCIPAL SECRETARY TO GOVERNMENT