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Monday, October 21, 2024

GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT
Circular Memo.No:10445/Ser.D/2011 Dated:01-06-2011
Sub:- Public Service– Andhra Pradesh State &Subordinate Service Rules, 1996– Clarification in implementation of rue-11(b) of Andhra Pradesh State &Subordinate Service Rules, 1996– Regarding.
Ref:-  G.O.Ms.No:145, G.A. (Ser.D) Dept., dt:15-06-2004.
-ooOoo-

In the reference cited, orders were issued amending rule-11(b) of the Andhra Pradesh State &Subordinate Service Rules, 1996 prescribing time limit to join a post on appointment/temporary appointment under Rule 10 including appointments by transfer or by promotion otherwise than by direct recruitment. As per the said rule, an employee on promotion or appointment by transfer to next higher category shall join within 15 days from the date of receipt of the order of promotion/appointment by transfer. An employee who does not join the post within the stipulated time or evades to join the post by proceeding on leave, shall lose his promotion right / offer for the current panel year and the name of the candidate shall be placed before the next Departmental Promotion Committee for consideration in the next year panel subject to availability of vacancy, if he is otherwise eligible and in case of non-selection post, the name of the candidate who does not join within the stipulated time in the promotion post shall be considered for promotion again after a lapse of one year from the date of offer of appointment subject to availability of vacancy.

2. However, it was brought to the notice of the Government that in number of cases the employees, who evades to join in the promoted posts second time also are requesting to consider their names again in the subsequent panel years.

3. Government hereby clarify that as per rule-11(b) of the A.P.State & Subordinate Service Rules, 1996 as amended vide G.O.Ms.No:145, General Administration (Services-D) Department, dated 15-06-2004, a person appointed by promotion/transfer shall join in the promoted post within the time limit of 15 days from the date of receipt of the order of promotion/ appointment by transfer. If an employee who does not join the post within the stipulated time or evades to join the post by proceeding on leave, shall lose his promotion right/officer for the current panel year and the name of the candidate shall be placed before the next Departmental Promotion Committee for consideration in the next year panel subject to availability of vacancy, if he is otherwise eligible (i.e., one time only), but not subsequent panel years. In the case of non-selection posts, the name of the candidate who does not join within the stipulated time in the promotion post shall be considered for promotion again after a period of one year only (i.e., only one time) from the date of offer of appointment subject to availability of vacancy and eligibility. The appointing authorities are requested to strictly adhere to the above rule position.

4. All the Departments of Secretariat/Heads of Departments/District Collectors are requested to issue instructions to all the appointing authorities under their administrative control to follow the above instructions scrupulously.


B. VENKATESWARA RAO,
SECRETARY TO GOVERNMENT (SER. & HRM)
To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
All District Judges.
Copy to the Prl.Secretary, A.P.Public Service Commission, Hyderabad.
Copy to: Law (E) Department.
SF/SC

//Forwarded::By order//

SECTION OFFICER

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Joining Time

Comprehensive Guide to Joining Time on Transfers and other occasions for AP/ TG Government Employees

The joining time rules for AP / TG government servants ensure smooth transitions between posts. Joining time is granted for transfers during duty, return from earned leave (up to four months), and return from long leave or deputation abroad. Specific rules apply for remote locality transfers and surplus staff transfers. For training deputations, section officers and assistant section officers receive full joining time. Direct recruitment appointments entitle probationers to joining time and transit pay. Waiting for posting orders on return from leave allows joining time continuation. These guidelines help to government employee transfer policies Rules s effectively.

  1. General Conditions
  2. Specific Conditions and Exceptions
    1. Temporary Transfers
    2. Vacation Combined with Leave
    3. Training Deputations
    4. Direct Recruitment Appointments
    5. Compulsory Waiting for Posting Orders
    6. Post-Training Posting
  3. Restrictions and In eligibility
  4. Important Points on Joining Time
    1. Holidays Following Joining Time
    2. Single Day for Non-Residence Change
    3. Holidays and Sundays Count
    4. No Change of Office
    5. Transfer at Request
    6. Sunday Following Joining Time
    7. Commencement of Joining Time

Salient Features of Joining Time Rules on Transfers for Government Servants Explained

Comprehensive Guide to Joining Time on Transfers and other occasions for Government Employees General Conditions

  1. Transfer During Duty
    Joining time may be granted to join a post to which the servant is transferred while on duty (FR 105 (a)).
  2. Return from Earned Leave
    3. Probationers and approved probationers returning from earned leave of not more than four months may be granted joining time (FR 105 (b), General Rulings under A.P. Leave Rules, 1933).
  3. Return from Long Leave/Deputation
    For returns from leave, study leave, or deputation out of India for more than four months, joining time is granted from the post of debarkation or the regular post in India in case of arrival by aircraft (FR 105 (c)).
  4. Remote Localities
    Joining time is allowed for proceeding to or returning from remote localities that are not easy to access (FR 105 (d) (i&ii)).
  5. Surplus Staff Transfers
    Surplus staff transferred from one post to another are eligible for joining time (FR 105 (e) read with GO.Ms.No. 84, F&P dept., dt 15-4-1981).

Specific Conditions and Exceptions

  1. Temporary Transfers
    No joining time is admissible for temporary transfers not exceeding 180 days; only actual transit time is allowed as for journeys on tour (FR 105 (f)).
  2. Vacation Combined with Leave
    If vacation is combined with leave and the total duration is less than 120 days, joining time is allowed (Note 1 under FR 105).
  3. Training Deputations
    Section officers and Assistant section officers in secretariat,superintendents and senior Assistants in the office of Commissioner of Land Revenue, and Head Quarters Staff of A.P. Ministerial Service, may avail full joining time admissible as on transfer when they are deputed to under go training as Tahsildars and Revenue Inspectors, as the case may be in the Districts (Note 2 under FR10 5 and G.O. Ms.No. 143, Finance dept., dt 27-5-1970) .
  4. Direct Recruitment Appointments
    Probationers and approved probationers appointed to the same or another service by direct recruitment are entitled to joining time and transit pay but not traveling allowance (Note 3 under FR 105).
  5. Compulsory Waiting for Posting Orders
    When a government servant must wait for posting orders on return from leave, and this period is treated as duty, joining time is allowed in continuation of the waiting period (Note 4 under FR 105).
  6. Post-Training Posting
    Government servants posted to a place other than their old headquarters after training are eligible for joining time, which is reckoned from the date of relief from training (FR 105).

Restrictions and In eligibility

  1. Extended Earned Leave
    No joining time is admissible when transferred while on earned leave exceeding 120 days (Ruling 4 of FR 106).
  2. Extraordinary Leave
    Joining time is not admissible if an employee is on extraordinary leave for more than 14 days (FR 107 (b) (i)).
  3. Post-Suspension
    No joining time is allowed after suspension adjudged as a specific penalty (Ruling 4 F under FR 106).
  4. No Change of Building
    Joining time is not admissible when the transfer does not involve a change of building (Ruling 4 under FR 106).
  5. Casual Leave
    Casual leave should not be prefixed or suffixed to joining time.

Important Points on Joining Time

General Provisions

  1. Holidays Following Joining Time
    When holidays follow joining time, the normal joining time may be deemed extended to cover such holidays (G.O.Ms.No.158 Finance department, dated 26-05-1969 read with subsidiary rule 1(b) under FR 106).
  2. Single Day for Non-Residence Change
    Not more than one day is allowed to join a new post if it does not involve a change of residence from one station to another.
  3. Holidays and Sundays Count
    A holiday or Sunday counts as a day for the purpose of subsidiary rule 1(a) of FR 106.
  4. No Change of Office
    No joining time is allowed when the change of post does not involve an actual change of office (subsidiary rule 1(a) of FR 106).

Specific Situations

  1. Transfer at Request
    Joining time may be allowed for transfers at the request of the employee, subject to the authority sanctioning the transfer reducing the period if necessary in the public interest (subsidiary rule 13 of FR 106).
  2. Sunday Following Joining Time
    The Sunday immediately following the joining time, when the government servant returns to duty on the following Monday, does not form part of the joining time and should be suffixed to it as in the case of holidays for leave purposes (Rule 7 of subsidiary rules under FR 106).
  3. Commencement of Joining Time
    Joining time commences from the date of relinquishment of charge of the old post if the charge is made over in the forenoon, or the following date if the charge is made over in the afternoon (G.O.Ms.No.84, Finance department, dated 15-4-1981). The procedure for handing over charge on transfer and the regulation of pay are detailed in rulings 1 and 2 under FR 107.
More Details Read : Circular Memo.No:10445/Ser.D/2011 Dated:01-06-2011
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Monday, October 14, 2024

Trade license issue and renewal

GOVERNMENT OF TELANGANA
ABSTRACT

Panchayat Raj & Rural Development Department – Implementation of Ease of Doing Business reforms–Issuing New / Renewal of Trade Licenses-Orders – Issued.

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PANCHAYAT RAJ & RURAL DEVELOPMENT (GP-FIN) DEPARTMENT
G.O.Ms.No. 52
Dated: 26-11-2020

Read the following:-


  1. G.O.Ms.No.16 PR& RD (Pts.III), Panchayat Raj & Rural Development Department. Dt: 10.01.1996.
  2. G.O.Ms.No.430 PR& RD (Pts.IV), Panchayat Raj & Rural Development Department. Dt: 22.10.1998.
  3. From the Commissioner, Panchayat Raj & Rural Employment, Hyderabad. Lr.No.5260/CPR&RE/D1/2019, Dated:10.11.2020.
***
ORDER:-

Under Section 120 of Telangana Panchayat Raj Act, 2018 Gram Panchayats are issuing new/renewing trade licenses on submission of documents depending on the nature of trade duly following Rules, procedure and Fee structure issued vide reference 1st & 2nd read above. Under Ease of Doing Business reforms, in the reference 3rd read above, the Commissioner, Panchayat Raj & Rural Employment, Hyderabad has proposed that all the applications shall be submitted through online. The applications shall consist of (2) documents for issue of Trade Licenses and for auto renewal without seeking any documents and inspection and requested the Government to approve the same.

2.  After careful examination of the matter and in exercise of the powers conferred under Sub-Section (1) of Section 286 of Telangana Panchayat Raj Act, 2018, Government have approved the proposal of Commissioner, Panchayat Raj & Rural Employment, Hyderabad and hence forth applicants who apply for issue of Trade License shall be asked to submit the following two documents:
  1. Lease deed/Registered or Unregistered Lease deed showing legal occupancy of the applicant.
  2. Identity Proof with photo such as Aadhar, Passport, PAN, EPIC, Driving License, Bank Pass book or Ration Card/Food Security Card.
3.  Further for auto renewal no documentation and inspection is required.

4.  The Commissioner, Panchayat Raj & Rural Employment shall take necessary action to follow the above orders scrupulously.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

SANDEEP KUMAR SULTANIA
SECRETARY TO GOVERNMENT


To
The Commissioner, Panchayat Raj & Rural Employment,Hyderabad.
All the District Collectors through Commissioner, Panchayat Raj &Rural Employment, Hyderabad.
All the District Panchayat Officers through Commissioner, Panchayat Raj & Rural Employment, Hyderabad.


//FORWARDED BY ORDER//

SECTION OFFICER

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Indiramma Committees

GOVERNMENT OF TELANGANA
ABSTRACT

T, R& B Department - INDIRAMMA INDLU Scheme - Formation of INDIRAMMA Committees at Gram Panchayat / Municipal ward level for effective implementation of the INDIRAMMA INDLU Programme - Orders - Issued.

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TRANSPORT, ROADS & BUILDINGS (RH& C.AI) DEPARTMENT

G.O.Ms.No.33
Dated:11-10-2024

Read the following:
  1. G.O.Ms.N0.7, (RH& C.AI) Dept., dt.09.03.2024.
  2. From the M.D., TGI-ICL, Lr No: 1116/E&P/1NDIRAMMA INDLU/2023, dt.01.10.2024.

ORDER•

In the G.O.1st read above, Government have announced commencement of INDIRAMMA INDLU Programme for providing construction assistance of to houseless poor for construction of 4, 50,000 new houses in the 1 st phase in the State.

2.  Government after careful examination of the proposal submitted by the Managing Director, Telangana Housing Corporation Limited, Hyderabad in the reference 2nd read above have decided to constitute INDIRAMMA Committees at Gram Panchayat / Municipal ward level involving local people and other functionaries by the District Collectors and accordingly hereby order all the District Collectors to constitute the INDIRAMMA Committees for implementation of INDIRAMMA INDLU Programme with the following composition:
  1. Gram Panchayat Level
    i.Sarpanch / G P Special Officer-Chairman
    ii.Two Women from SHG group- Members
    iii.Three local persons of the village having interest in developmental activities (at least one member should be from BC and one member from SC/ST)- Members
    iv.Panchayat Secretary-Convener
  2. Municipal Ward level
    i.Ward Councillor/ Corporator- Chairman
    ii. Two Women from SHG group- Members
    iii. Three local persons of the village having interest in developmental activities (at least one member should be from BC and one member from SC/ST)-Members
    iv. Ward Officer- Convener

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Thursday, September 26, 2024

Family Pension Rules, Eligibility and Benefits for AP Telangana Pensioners

Family Pension Rules Eligibility and Benefits for AP Telangana Pensioners and employees . Here we can discus on Pension Rules, including the Revised Pension Rules of 1980 and the latest Telangana & Andhra Pradesh Government Order on Pension Benefits, including Family Pension Eligibility and the different between Service Pension and Family Pension. Importance of Pension Payment Order (PPO), Enhanced Family Pension, and identifies who can be a Family Pension Beneficiary. Learn about pensions for Legal Marriage After Retirement, Missing Employees Pension, and Pension for Disabled Children. Explore details on Dearness Relief (D.R) Payment and the Quantum of Pension.

Family Pension Regulations such as Family Pension Termination for remarriage, criteria for Enhanced Family Pension Eligibility, equal pensions for widows, and the Dual Family Pensions Cap. Understand the implications of Supreme Court Pension Rights and recent High Court Pension Rulings affirming the Fundamental Right to Pension. Get insights on pensions for children born after retirement, implications of a second marriage without government permission, and Pensioner Benefits After Divorce

  • What is Family Pension?
  • Difference between Service Pension and Family Pension
  • Who is Eligible for Family Pension?
  • How much is Family Pension?
  • Details in PPO (Pension Payment Order)
  • Legal Marriage After Retirement
  • Even Without Records
  • For Missing Employees
  • For Disabled Children
  • Pensioner's Death Day
  • D.R (Dearness Relief) Payment
  • Quantum of Pension
  • Family Pension Rules and Regulations
    • Instructions to Download Annual Account Statement
    • How to Change Pension Account to Another District
    • How to Download Pensioners ID Card
Contd. page. 2.
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Sunday, March 3, 2024

Payment of Environment Impact fee

GOVERNMENT OF TELANGANA
ABSTRACT

Mines & Minerals - Payment of Environment Impact Fee @ Rs.3/- per Square feet for buildings above 10,000 Square feet of built up area, as per approved plan by Competent Authority – Orders issued- Certain Guidelines - Issued.

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INDUSTRIES AND COMMERCE (MINES.I) DEPARTMENT
G.O.MS.No. 8
Dated: 24/02/2016

Read the following:

  1. G.O.Ms.No.34, Industries and Commerce (Mines.I) Department, dated 17.06.2015.
  2. From the Director of Mines and Geology Letter No.106/MR/2015, dated 06-11-2015 and Single file dated:30.11.2015.
  3. From the Director of Mines and Geology Letter No.106/MR/2015, dated 11.01.2016.

*****


ORDER:

In the reference first read above, the Government, basing on the representations from Telangana Real Estate Developers Association (TREDA), Confederation of Real Estate Developers Association (CREDAI) and various Builder Associations and proposals from the Director of Mines and Geology, Hyderabad, issued orders to levy and collect Environment Impact Fee of Rs.3/- per square feet on built-up area of more than 10,000 square feet as an additional charge under Section 15 (1-A) (g) of the Mines and Minerals (Development and Regulation) Act, 1957 to account for any building or construction material that may have escaped levy of seigniorage charges at site.

2.  Further, the Government permitted the Builders to pay an Environment Impact Fee @ Rs.3/- per square feet for buildings above 10,000/- square feet of built-up area, as per the plan approved by the Competent Authority. However, the quarry owners who supply the building materials from the quarry leased area shall continue to pay Seigniorage Fee before dispatch of the mineral.

3.  The Environmental Impact Fee shall be remitted into the treasury in the Head of Account “0853-Non-Ferrous Mining and Metallurgical Industry, 102- Mineral Concessions, fee, rent, royalties, etc., SH(03)-Royalty on Environment Impact Fee”.

4.  Though the clear orders have been issued by the Government as above, both the Builders Associations and the executing authorities are having certain ambiguities regarding its implementation, the Government have further reviewed the subject matter and for its compliance of the orders issued by the Government.

5.  Basing on the deliberations, the Director of Mines and Geology, Hyderabad through reference second and third read above, has submitted proposals suggesting certain modifications to be issued, so as to have effective implementation by both the Builders as well as by the competent authority for sanctioning of building plans.

6.  The Government, after careful examination of the matter, hereby decide to issue certain guidelines in partial modification of the orders issued in the reference first read above.

7.  Accordingly, the following Notification shall be published in an Extraordinary Issue of Telangana State, Gazette dated the 26th February 2016.

NOTIFICATION

   In exercise of the powers conferred under Section 15(1-A)(g) of Mines & Minerals (Development & Regulation) Act, 1957, the Governor of Telangana State hereby issue the following guidelines on payment of Environment Impact Fee @ Rs.3/- per Square feet by builders for buildings above 10,000/- Square feet of built-up area, as per the plan approved by the Competent Authority.

I)  The “Environment Impact Fee” payable by the builders with built-up area more than 10,000 square feet @ Rs.3/- per square feet before approval of the building plan by the competent authority. Environment Impact Fee is payable for the entire built-up area and it includes the area meant for parking and other allied services, which include pathway. It will be clarified to builders that Environment Impact Fee is on account of Building Construction Fee.

II)  Environment Impact Fee may also be payable for the ongoing construction ventures and just completed buildings by obtaining the data from the building plan approval authorities as per the guidelines to be evolved by the Director of Mines and Geology after approval by the Government. However, in the transition period, if there is any inspection either by the Vigilance and Enforcement Department or by the Officials of Mines and Geology, such builders shall avail the One Time Settlement Scheme introduced by the Government.

III)  The Environment Impact Fee is also payable on voluntary disclosure by the Builders based on the strength of the certificate issued by the licensed engineers by the Government regarding the extent of built-up area.

IV).  Once Environment Impact Fee is paid by any Builder, the building plan approval authority shall issue a certificate in this regard to be produced by the builder before the inspection authorities from Vigilance and Enforcement Department or by the Officials of Mines and Geology.

V)  The Director of Mines and Geology shall evolve a mechanism by making available the information regarding the details of bonafide suppliers registered with the Department from time to time and ensure there is no leakage of Seigniorage Fee.

VI).  This order issued with the concurrence of Finance Department vide their U.O.No.150/10/EBS-VII/I&C/2016, dated:06.02.2016.

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


ARVIND KUMAR
SECRETARY TO GOVERNMENT & CIP


To
The Commissioner, Printing, Stationery and Stores Purchase (Ptg.wing),
Hyderabad for publication in the next issue of Telangana Gazette and to send 100 copies to Government.
The Director of Mines and Geology, Hyderabad
The Director General, General Administration (V&E) Department.
The Special Chief Secretary to Government, Municipal Administration & Urban Development Department, T.S. Secretariat, Hyderabad.
The Special Chief Secretary to Government, Panchayat Raj and Rural Development Dept., T.S. Secretariat, Hyderabad.
The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad.
The Commissioner & Director of Municipal Administration, Hyderabad.
The Commissioner/Director, Panchayat Raj and Rural Employment Department, Hyderabad.
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad.
All the Commissioners of Municipal Corporations in the State.
All Commissioners of Municipalities/Nagar Panchayats/Gram Panchayats etc.,through the Commissioner & Director of Municipal Administration and the Commissioner, Rural Development Department.
The Regional Vigilance & Enforcement Officers through the Director General,General Administration (V.&E) Department.
All the Engineers –In-Chief, Irrigation/Roads and Buildings/Panchayat Raj
All the Departments of Telangana Secretariat.
Copy to:
The Additional Principal Secretary to Hon’ble Chief Minister
The P.S to Hon’ble Minister for Mines and Geology.
The P.S. to Chief Secretary to Government.
The P.S. to Spl. Chief Secretary to Government, Finance Dept.,
The P.S. to Secretary to Government & CIP, Ind & Com Dept.,
All the District Collectors in the State.
The Joint Director’s/Deputy Director’s/Assistant Director’s of Mines and Geology Dept., through the Director of Mines & Geology,
Sf/Sc.(C.No.7022/M.I(1)/2014)


//FORWARDED :: BY ORDER//


SECTION OFFICER


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Saturday, March 2, 2024

Amendment to Building Rules, 2012

GOVERNMENT OF TELANGANA
A B S T R A C T

Municipal Administration and Urban Development Department – Amendments to Building Rules 2012 – Orders – Issued.

____________________________________________________________________________________
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M1) DEPARTMENT

G.O.MS.No. 7.
Dated: 05-01-2016

Read the following:

  1. G.O.Ms.No.168, MA&UD, dt:07.04.2012.
  2. G.O.Ms.No.245, MA&UD, dt:30.06.2012.


*********

After the formation of State of Telangana various Real Estate development agencies have been representing to the Government that some of the existing building rules framed by the State are not conducive to reach the real estate growth potential of urban areas in the State. They therefore requested in the interest of and to facilitate ‘Ease of Doing Business’ to simplify the existing building rules, give some concessions and remove certain bottle necks in the existing building rules to promote investment in Real Estate Sector in the State of Telangana.

Government after careful examination of the matter have felt that there is a need to take some steps to reform real estate sector in ‘Ease of Doing Business’ to encourage this sector to provide employment and economic growth. Therefore, to encourage the real estate sector to provide employment and economic growth Government hereby issues the following amendments to the Building Rules 2012 which were issued in G.O.Ms.No.168, MA, dt:07.04.2012 read with G.O.Ms.No.245, MA, dt:30.06.2012.



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


M.G. GOPAL
SPECIAL CHIEF SECRETARY TO GOVERNMENT


To
The Commissioner, Printing, Stationery & Stores Purchase Department, Hyderabad
for Publication of the Notification in the next issue of Gazettee and furnish 1000 copies.
The Commissioner & Director of Municipal Administration, Hyderabad.
The Director of Town & Country Planning, Hyderabad,
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad,
The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad,
All Vice Chairmen of Urban Development Authorities,
All Municipal Commissioners in the State through Director of Municipal Administration, Hyderabad, Hyderabad,
The Chairman & Managing Director, TSTRANSCO, Hyderabad,
The Commissioner & Inspector General of Registration & Stamps, Telangana Hyderabad.
Copy to:
The Managing Director, Hyderabad Metro Water Supply & Sewerage, Hyderabad.
The Director General, Disaster Response & Fire Services, Hyderabad
The Law Department,
The Revenue (R&S) Department,
The Energy Department.
The P.S to Special Chief Secretary to Government, MA& UD Dept.,
The P.S to Principal Secretary to C.M
All the Section of MA&
SF/SC.
//FORWARDED ::BY:: ORDER//

SECTION OFFICER.

Contd.Page.No.2.

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Tuesday, February 6, 2024

Telangana Municipal meeting Rules 2021

GOVERNMENT OF TELANGANA
ABSTRACT

Rules — The Telangana Municipalities - (Conduct of Business in Municipal Council) Rules, 2021 - Notification - Orders - Issued.

____________________________________________________________________
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (MA) DEPARTMENT


G.O.Ms,No.215,
Dt.22.12.2021

Read the following


  1. The Telangana Municipalities Act, 2019 (Act No. 11 of 2019).
  2. From the Commissioner & Director of Municipal Administration, Hyderabad. Letter Dated: 28.06.2021.

******

The Commissioner & Director of Municipal Administration, Hyderabad in the letter 2nd read above has requested to the Government to issue the Telangana Municipalities (Rules and Regulations of the proceedings of the Council) Rules for conduct of Business in Municipal Council.

2. The Government after careful examination of the proposal of the Commissioner & Director of Municipal Administrationi Hyderabad hereby decided to make the Telangana Municipalities (Conduct of Business in Municipal Council) Rules, 2021.

3. Accordingly, the following notification will be published in an Extra-ordinary issue of the Terangana Gazette, Dated: 22.12.2021.


NOTIFICATION

In exercise of the powers conferred under sub-section (1) of section 238 read with sub section (1) of section 59 of the Te[angana Municipalities Act, 2019 (Act No. 11 of 2019), the Government of Telangana hereby makes the following rules relating to 'Conduct Of Business" in all Urban Local Bodies in the State.

Short title. commencement and extent:-
  1. These rules may be called the Telængana Municipalities (Conduct Of Business in Municipal Council) Rules, 2021
  2. They shall come Into force at once.
  3. These rules shall apply to all Municipal Councils and Municipal Corporations in the State except Greater Hyderabad Municipal Corporation
Definitions:-
  1. In these rules, unless the context otherwise requires;
    1. "Act" means the Telangana Municipalities Act, 2019.
    2. "Commissioner" means Commissioner of the Municipality appointed by Government under section 38 of the Act,
    3. "Council" means the Municipal Council constituted under section 3 Of this Act;
    4. "Corporation" means the Municipal Corporation constituted under section 3 Of this Act;
    5. "Chairperson*' and "Vice-Chairperson" means;
      1. in relation to a Municipal Corporation the Mayor and the Deputy Mayor respectively;
      2. in relation to a Municipal Council, the Chairperson and Vice- Chairpersonr respectively;
    6. "Government" means the Government of Telangana.
    7. "Municipality" means - Institutions of self-government constituted under article 243Q of the Constitution of India and includes a Municipal Corporation and a Municipal Council as declared and notified under the provisions of the Act and the expression Municipality shall be construed as Municipal Council and Municipal Corporation wherever the context so requires and unless provided otherwise under the Act.
    8. "Section" means a section of the Act; and
    9. Words and expression used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
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Monday, February 5, 2024

Andhra Pradesh Panchayat Raj. Act, 1994 with comments

THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
Statement of Objects and Reasons
[Act No. 13 of 1994]

At present there is a three tier Panchayat Raj set up in the State of Andhra Pradesh at the village level the Gram Panchayat, at the Mandal level the Mandal Praja Parishad and at the District level in Zilla Praja Parrshad. The Gram Panchayats are governed by the Andhra Pradesh Gram Panchayats Act, 1964 and the Mandala Praja Parishads, by the Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals Act, 1986. The A.P. Local Bodies Electoral Reforms Act, 1989 is also in force governing elections to the Panchayat Raj Institutions.

While so, the Constitution (Seventy-third Amendment) Act, 1992 (hereinafter referred to as the Constitution Amendment Act) has been passed by the Parliament with a view mainly to strengthen and revitalize the Panchayat Raj bodies so that they can subserve the needs of the teeming millions that live in the rural areas.

Prior to the Constitution Amendment the Government have appointed an Expert Committee on Panchayat Raj Bodies headed hy Sri. B.P.R. Vittal, I.A.S. (Retd.) to examine and submit a report on the reorganisation of the Panchayat Raj set up and also on the reorganisation of revenue set up below the district level. The Expert Committee has submitted two separate reports to the Government. The Government have thereupon appointed a Cabinet Sub-Committee with Sri D.K. Samarasimha Reddy, Minister for Panchayat Raj as Chairperson to examine and make suitable recommendations on the Expert Committee part on P.R. Institutions. The Cabinet Sub-Committee has considered the report of Expert Committee as also the provisions of the Constitution Amendment and submitted its report to the Government.

The Constitution Amendment gives certain broad guidelines in regard to the constitution, composition and powers and functions of a three tier P.R. set up. At the village level it contemplates a Gram Panchayat, at the intermediary level like Mandal in our State, a Mandal Panchayat and at the district a Zilla Panchayat. The prominent feature of the Constitution Amendment is that it contemplates territorial constituencies for each tier and election of members thereto directly from the territorial constituencies.   That apart it provides for the reservation of seats and offices for Scheduled Castes. Scheduled Tribes, Backward Classes and Women, duration of Panchayats, disqualifications of members, Powers and functions of the Panchayats, Audit and Accounts etc. It also provides for the constitution of an Election Commission for the conduct of elections to the P.R. Institutions and a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Government.

The Government have accepted the report of the Cabinet Sub-Committee and decided to enact a comprehensive law on Panchayat Raj Institutions relating to all the three tiers with the following salient features, namely:

  1. there will be Gram Panchayats at the village level composed of members elected form the wards carved out on territorial basis and two nominated members;
  2. the Sarpanch will be elected by the members of the Gram Panchayat, including nominating member;
  3. there will be a Gram Sabha consisting of all electors in the village which will meet twice a year;
  4. there will be a Mandal Panchayat to every Mandal composed of the members directly elected from the territorial constituencies carved out for the purpose. Member of Legislative Assembly and Members of Parliament (Lok Sabha) and also the Member of the Rajya Sabha who is a registered voter in the Mandal;
  5. the President is to-be elected from among the elected members of the Mandal Panchayat;
  6. the Revenue Divisional Officers, Sub-Collectors/Assistant Collectors and Presidents of Agricultural Market Committees will be permanent invites to the meetings of the Mandal Panchayat;
  7. the Chief Executive will be called as the Mandal Panchayat Development Officer;
  8. the powers and functions of the Mandal Panchayat will be on the lines of the Constitution Amendment Act an din particular, the Eleventh Schedule inserted thereby;
  9. there will be a Mandal Maha Sabha consisting of all Sarpanchas of the Mandal and all the members of the Mandal Panchayat so as to provide necessary linkage between the Gram Panchayats and the Mandal Panchayats; it will be held every six months and will be presided over by the President of the Mandal Panchayat;
  10. there will be a Zilla Panchayat for every district consisting all members elected from the Mandals in the District and each mandal will be territorial constituency for the purpose; the Members of Legislative Assembly and the Members of Parliament will also to be the Members of the Zilla Panchayat;
  11. the "Chairperson" of the Zilla Panchayat will be elected only by the elected members of the Zilla Panchayat;
  12. the "Chairperson" of the District Co-operative Marketing Society, Zilla Grandhalaya Samastha, District Co-operative Bank and the District Collector will be permanent invitees to the meetings;
  13. the Chief Executive will be called the Chief '[Executive Authority], Zilla Panchayat;
  14. there will be Seven Standing Committees for the Zilla Panchayat;
  15. the Zilla Pranalika and Abhivrudhi Sameeksha Mandal in the present Act will be abolished and the planning functions will be exercised by the Zilla Panchayat through its Standing Committees;
  16. the Chief '[Executive Authority] will work under the administrative control of the "Chairperson" for the purpose of implementing the resolutions of the Zilla Panchayat;
  17. the powers and functions of the Zilla Panchayat will be as enacted in the Constitution Amendment Act, particularly the Eleventh Schedule inserted thereby;
  18. there will be reservations of seats of members as also the offices of Sarpanch, President, Mandal Panchayat and "Chairperson", Zilla Panchayats for the Scheduled Castes, Scheduled Tribes, Backward Classes and Women as provided in the Constitution Amendment Act;
  19. there will be an Election Commission for the conduct of elections to Panchayat Raj bodies headed by a person who is holding or has held an office not less in rank than that of a Principal Secretary to Government;
  20. there will be a Finance Commission headed by a person who has experience in public affairs; and
  21. the Andhra Pradesh Gram Panchayats Act, 1964, the Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals Act, 1986 and the Andhra Pradesh Local Bodies Electoral Reforms Act, 1989 will be repealed.

This Bill seeks to give effect to the above objectives.

PART- I :
PRELIMINARY
1. Short title extent, *[application] and commencement:—
  1. This Act may be called Andhra Pradesh Panchayat Raj Act, 1994.
  2. It extends to the whole of the State of Andhra Pradesh, except,—
    1. the Municipal Corporations governed by any law relating to Municipal Corporations for the time being in force in the State;
    2. the Municipalities governed by the law relating to municipalities for the time being in force in the State;
    3. a Notified area declared under Section 389-A of the Andhra Pradesh Municipalities Act, 1995.
    4. the mining settlements governed by the Andhra Pradesh (T.A.) Mining Settlements Act, 1965; and
    5. the cantonments governed by the Cantonments Act, 1924.

    *[(2-A) In their application to the Scheduled Areas in the State as referred to in Clause (1) of Article 244 of the Constitution of India, the remaining provisions of this Act shall apply subject to the provisions of Part IV-A of this Act].

  3. It shall come into force on such date and in such area as the Government may, by notification in the Andhra Pradesh Gazette, appoint and they may appoint different dates for different areas and for different provisions.
Note :—This Section corresponds to Section 1 of the Andhra Pradesh Gram Panchayats Act, 1964 (Act 2 of 1 964).

NOTES

A township does not come within the exceptions mentioned in clauses (a) to (e) of sub-section (2) of Section 1 of the Act. Bharat Heavy Electricals Limited vs. State Election Commission, 2001 (5) A.L.D 240 (D.B.).


2. Definitions :—In this Act, unless the context otherwise requires,—
  1. "Andhra Area" means the territories of the State of Andhra Pradesh other than the Telangana area;
  2. "Backward Classes" means any socially and educationally Backward Classes of citizens recognised by the Government for purpose of clause (4) of Article 15 of the Constitution of India;

    3. [Explanation :-Omitted by Act 5 of 1995, with effect from 30-12-1994].

  3. "building" includes a house, out-house, shop, stable,latrine, shed (other than a cattle shed in an agricultural land),hut, wall and any other such structure whether of masonry, bricks, wood, mud, metal or other material whatsoever;
    4. *[Added by Act 7 of 1998 w.e.f. 16-1-1998 in the Scheduled Areas of the State of Andhra Pradesh vide G. O. Ms. No. 188, P.R. & R.D., Dt. 21-4-1998.]
  4. "casual vacancy" means a vacancy occuring otherwise than by efflux of time, and 'casual election' means an election held to fill a casual vacancy;
  5. "Chairperson" means the "Chairperson" of a Zilla Parishad elected under Section 181;
  6. "Chief '[Executive Authority]" means the Chief Executive Officer' of the Zilla Parishad appointed under Section 186;
  7. "Collector" means any officer incharge of Revenue Division and includes a Deputy Collector, a Sub-collector and an Assistant Collector;
  8. "Commissioner" means any officer who is authorised by the Government to exercise any of the powers or discharge any of the duties of the Commissioner under this Act;
  9. "Company" means a Company as defined in the Companies Act, 1956, and includes a foreign company within the meaning of Section 591 of that Act;
  10. "District Munsif" means the District Munsif appointed under the Andhra Pradesh Civil Courts Act, 1972;
  11. "Election Authority" means such authority not being a member or office bearer of any local authority as may, by notification, be appointed by the State Election Commissioner ;'
  12. ["Executive Authority" means the Panchayat Secretary appointed to £ach Gram Panchayat].
  13. 2[ ]
  14. "Factory'means a factory as defined in the Factories Act, 1948, and includes any premises including the precincts thereof any industrial, manufacturing or trade process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human.or animal agency;
  15. "Finance Commission" means the Finance Commission constituted by the Governor under Section 235;
  16. "Government" means the State Government;
  17. "Gram Panchayat" means the body constituted for the local administration of a village under this Act;
  18. "Gram Sabha" means the gram sabha which comes into existence under Section 6; 1. Subs, by Act No. 22 of 2002 w.e.f. 20th June, 2002. 2. Omitted by Act No. 22 of 2002 w.e.f. 20th June, 2002.
  19. "House" means a building or a hut fit for human occupation, whether as a residence or otherwise and includes any shop, factory, workshop or warehouse or any building used for garaging or parking buses or as a bust and, cattle shed (other than a cattle shed in any agricultural land, poultry shed or dairy shed);
  20. "Hut" means any building which is constructed principally of wood, mud, leaves, grass, or thatch and includes temporary structure of whatever size or any small building of whatever material made, which the gram panchayat may declare to be a hut for the purposes of this Act;
  21. "Latrine" includes privy, water-closet and urinal;
  22. "Mandal" means such area in a district as may be declared by the Government by notification to be a Mandal under Section 3 of the Andhra Pradesh District (Formation) Act, 1974;
  23. "Mandal Parishad" means, a Mandal Parishad constituted or reconstituted under Section 148;
  24. "Mandal Parishad Development Officer", means, the Officer appointed by that designation under Section 167;
  25. "Notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
  26. "Nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep of which is or may be dangerous to life, or injurious to health or property;
  27. "Ordinary Vacancy" means a vacancy occurring by efflux of time and ordinary election means an election held to fill an ordinary vacancy;
  28. "Owner" includes,—
    1. the person for the time being receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used; and
    2. the person for the time being incharge of the animal or vehicle in connection with which the word is used;

    '[(28-A) "Panchayat Secretary" means the "Panchayat Secretary" appointed under Section 30].

  29. "Population" or population at the last census means the population as ascertained at the last preceeding census of which the relevant figures have been published;
  30. "Prescribed" means prescribed by the Government by rules made under this Act;
  31. "President" means the President of a Mandal Parishad elected under Section 153;
  32. "Private Road" means any street, road, square, Court, alley, passage or riding-path which is not a Public Road, but does not a pathway made by owner of premises on his own land to secure access to. or the convenient use of such premises;
  33. "Public Road" means any street, road, square, Court, alley, passage or riding-path over which the public have a right of way whether a throughfare or not, and includes,—
    1. the roadway over any public bridge or cause way;
    2. the footway attached to any such road, public bridge or cause-way; and
    3. the drains attached to any such road, public bridge or cause way, and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the road way upto the boundaries of the adjacent property, whether that property is private property or property belonging to Government;
  34. 2["Qualifying Date" in relation to the preparation and publication of every electoral]

    35. 3[(34A) "Recognised Political Party" and "Registered Political Pary" shall have the meanin]

  35. "Registered Voter" in the 'Mandal Parishad' or 'registered voter in the District' means a person whose name appears in the electoral roll prepared and published under Section 11 for any Gram Panchayat or Gram Panchayats comprised in the Mandal or as the case may be, in the District;
  36. "Residence", "reside" - A person is deemed to have his 'residence' or to 'reside' in any house if he some times use any protion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it or has else where another dwelling in which he resides, if he is at liverty to return to such house at any time and has not aboandoned his inention or returning
  37. "Sarpanch" means the Sarpach of a Gram Panchayat elected under Section 14;
  38. "Scheduled Castes" and 'Scheduled Tribes' shall have the meaning respectively assigned to them in
  39. "State Election Commission" means the '[Andhra Pradesh Election Commission for Local Bodies] constituted under Section 200;
  40. "State Election Commissioner" means a '[Andhra Pradesh Election Commissioner for Loca
  41. "Telangana Area" means the territories specified in subsection (1) of Section 3 of th
  42. "Village" means any local area which is declared to be a village under this Act;
  43. "Water-course" includes, any river, stream or channel, whether natural or artificial;
  44. "Year" means the financial year;
  45. "Zilla Parishad" means a Zilla Parishad constituted under Section 177.
1. Ins. by Act No. 22 of 2002 w.e.f. 20th June, 2002.
2. Subs, by A.P. Act No. 26 of 2000. w.e.f. 31-07-2000.
3. Ins. by Act No. 22 of 2006.

Note :—This Section corresponds to Section 2 of Act 2 of 1 964 and Act 31 of 1986. NOTES Powers of "executive authority" discussed. (1) D. Ramamurthy vs. Dist. Panchayat Officer, Chittoor, 2006(1) ALT 723. (2) Definition of House, stated Indian Oil Corporation Ltd. vs. A.P. Industrial Infrastructure Corporation Ltd., 2006 (2) ALT 36 (D.B.). Once the order of recounting has been upheld, the area of controversy gets narrowed down substantially and the parties have invariably to abide by the results of such recounting. T. Shivachandradu vs. Election Tribunal, Principal Junior Civil Judge, 2003 (5) ALT 587 = 2003 (5) ALD 384.

THE ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
PART -- II
GRAM PANCHAYAT CHAPTER -- I
CONSTITUTION, ADMINISTRATION AND CONTROL OF GRAM PANCHAYATS

3. Declaration of a village for the purposes of this Act:—
  1. The '[Government] may, by notification and in accordance with the rules made 2[ ] in this behalf, declare any revenue village or hamlet thereof or any part of a Mandal to be a village for the purpose of this Act and specify the name of the village.

    Explanation :—For the purpose of this sub-section the expressions 'Mandal' and 'revenue village' shall mean respectively any local area which is recognised as a Mandal or village in the revenue accounts of Government after excluding therefrom the area, if any, included in—

    1. a Municipal Corporation governed by the relevant law relating to Municipal Corporations for the time being in force in the State;
    2. a Municipality governed by the law relating to Municipalities for the time being in force in the State;
    3. a mining settlement governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956;
    4. a Cantonment governed by the Cantonments Act, 1924.
  2. The '[Government] may, by notification and in accordance with such rules as may be prescribed in this behalf—

    3[Provided that the Government shall take into consideration the financial viability of the Gram Panchayat, to be newly created before bifurcation of the said Gram Panchayat, for the purpose of providing a Panchayat Secretary"].

    1. form a new village by separation of local area from any village or by uniting two or more villages or parts of villages or by uniting any local area to a part of any village;
    2. increase the local area of any village;
    3. diminish the local area of any village;
    4. alter the boundaries of any village;
    5. alter the name of any village;
    6. cancel a notification issued under sub-section (1).
  3. The '[Government] may pass such orders as he may deem fit,—
    1. as to the disposal of the property vested in a gram panchayat which has ceased to exist, and the discharge of its liabilities; and
    2. as to the disposal of any part of the property vested in a gram panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the gram panchayat relating to such property or arising from such local area;

    An order made under this sub-section may contain such supplemental, incidental and consequential provisions as the Commissioner may deem necessary, and in particular may direct—

    1. that any tax, fee or other sum due to the gram panchayat or where a gram panchayat has ceased to exercise jurisdiction over any local area, such tax, fee, or other sum due to the gram panchayat as relates to that area, shall be payable to such authorities as may be specified in the order; and
    2. that appeals, petitions, or other applications with reference to any such tax, fee or sum which are pending on the date on which the gram panchayat ceased to exist or, as the case may be, on the date on which the gram panchayat ceased to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order.

Note :—This Section corresponds to Section 3 of the A.P. Gram Panchayats Act, 1964 (Act 2 of 1964). NOTES For the purposes of this Act, the commissioner can declare any Revenue village or hamlet of revenue village or any part of a mandal to be a village. 1995 (2) LS 204. 3 and 9 authorises the Commissioner for declaration of a village for the purpose of this Act and to determine seats to be reserved for various categories. Prakasam District Sarpanchas Association vs. Government of A.P., 2001 (1) ALD 143 = 2001 (1) ALT 138 (D.B.). By making reservations either in favour of Backward Classes or for that matter in favour of any category through drawl of lots, the object of reservations will be defeated. Prakasam District Sarpanchas Association vs. Government of Andhra Pradesh, 2001 (1) ALD 143 = 2001 (1) ALT 138 (DB). 1. Subs, by Act No. 22 of 2002 w.e.f. 20th June, 2002.

1. Omitted by Act No. 22 of 2002 w.e.f. 20th June, 2002.
2. Added by Act No. 22 of 2002 w.e.f. 20th June, 2002.

4. Constitution of Grampanchayats for villages and their incorporation :—
  1. A gram panchayat shall be deemed to have been constituted for a village on the date of publication of the notification under Section 3 in respect of that village and the Special Officer appointed under sub-section (1) of Section 143 shall make arrangements for the election of the members and of the Sarpanch of the gram panchayat as provided in that section.
  2. Subject to the provisions of this Act, the administration of the village shall vest in the gram panchayat, but the gram panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Sarpanch or executive authority, or to any other local authority, or other authority.
  3. Every gram panchayat shall be a body corporate by the name of the village specified in the notification issued under Section 3 shall have perpetual succession and a common seal, and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring holding and transferring property, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.

Note :—This Section corresponds to Section 4 of Act 2 of 1964.

5. Township.
  1. The Government may declare, by a notification in the Andhra Pradesh Gazette a village or any other area to be a township if it is an industrial or institutional colony, a labour colony, a project area, a health resort or a place of religious importance.
  2. If the area declared as township under sub-section (1) comprises a village, or forms part of a village the Commissioner shall, under sub-section (2) of Section 3, cancel the notification issued under sub-section (1) of that section in respect of such village, or as the case may be, exclude such part from the village.
  3. In regard to any area other than a place of religious importance declared to be a township, the Government shall, by notification in the Andhra Pradesh Gazette constitute a Township Committee, which shall consist of a "Chairperson" to be nominated by the Government and the following official and non-official members, namely :—
    A. Official Members
    1. in regard to a township constituted for an industrial or institutional colony, labour colony, project area or health resort, the highest official representing the industry, institution, project or health resort concerned:
    2. the Chief "Executive Authority" of the Zilla Parishad concerned:
    3. the Divisional Engineer, Electricity Board, in whose jurisdiction the township is located;
    4. the Executive Engineer, Panchayatraj of the Division in which the township is located; and
    5. an officer of the Tourism Department wherever necessary and in other cases an official representing the management of the industry, institution, project or health resort concerned as may be nominated by the Government and;
    B. Non-official Members
    1. the Member of the Lok Sabha in whose constituency the township is located;
    2. the Member or Members of the Legislative Assembly in whose constituency the township is located;
    3. one woman member, who is a registered voter in the township to be nominated by the Government; and
    4. two persons who are registered voters in the township, other than those persons specified initem (i) to (iii) and who are specially qualified to assist and advise the township committee on its various activities to be nominated by the Government:

    Provided that one of the members to be nominated under this clause shall be a member belonging to the Scheduled Castes or Scheduled Tribes.

  4. The "Chairperson" and the non-official members of the Committee under items (iii) and (iv) of sub-section (3) shall hold office during the pleasure of the Government and the official members and non-official members under items (i) and (ii) of sub-section (3) shall hold office so long as they hold their respective offices.
  5. A notification issued by the Government under subsection (3) may direct that any functions vested in a gram panchayat by or under this Act shall be transferred to and performed by the township committee and shall provide for—
    1. the restrictions and conditions subject to which the township committee may perform its functions; and
    2. any other matter incidental to, or connected with the transfer of the functions of a gram panchayat to the township committee including the apportionment of the revenues between the township committee and the gram panchayat concerned or any contributions' or compensation that shall be paid by the township committee to the gram panchayat concerned.
  6. Every township committee shall, in regard to the conduct of its business, follow such procedure as may be prescribed.
  7. The Government may, by notification in the Andhra Pradesh Gazette direct that any of the provisions of this Act or of the law relating to municipalities for the time being in force, or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the State but not in the village or local area of specified part thereof referred to in sub-section (1) shall apply to that village, local area or part to such extent and subject to such modifications, additions and restrictions as may be specified in the notification.

Note :—This Section corresponds to Section 5 of Act, 2 of 1964.Section

6. Gram Sabha :—
  1. There shall come into existence a gram sabha for every village on the date of publication of notification under Section 3.
  2. A gram sabha shall consist of all persons whose names are included in the electoral roll for the gram panchayat referred to in Sec. 4 and such persons shall be deemed to be the members of the gram sabha.Section
  3. The gram sabha shall meet at least twice in every year on such date and at such place and time as may be prescribed to consider the following matters which shall be placed before it by the grampanchayat, namely :—
    1. annual statement of accounts and audit report;
    2. report on the administration of the preceeding year;
    3. programme of works for the year or any new programme not covered by the budget or the annual programme;
    4. proposals for fresh taxation or for enhancement of existing taxes;
    5. selection of schemes, beneficiaries and locations; and
    6. such other matter as may be prescribed.

      The gram panchayat shall give due consideration to the suggestions, if any, of the gram sabha.

    7. The gram sabha shall observe such rules of procedure at its meetings as may be prescribed.
    8. [Every meeting of the Gram Sabha within 10 days from the date prescribed under sub-section (3) shall be convened and presided over by the Sarpanch or in his absence by the Upa Sarpanch of the GramPanchayat].

Note :—This Section corresponds to Section 6 of Act 2 of 1964. Approval of village committe by gramsabha by raise of hands and not by secret ballot is not undemocratic. 2000 (2) ALT 575.

7. Total strength of a gram panchayat :—
  1. [ ] A Gram Panchayat shall consist of such number of elected members inclusive of its Sarpanch as may be notified from time to time, by the Commissioner in accordance with the following Table :—

    TABLE

    Gram Panchayat with a Population at the last census Number of members
    (1) (2)
    Upto 300 5
    Exceeding 300 but not exceeding 500 7
    Exceeding 500 but not exceeding 1,500 9
    Exceeding 1,500 but not exceeding 3,000 11
    Exceeding 3,000 but not exceeding 5,000 13
    Exceeding 5,000 but not exceeding 10,000 15
    Exceeding 10,000 but not exceeding 15,000 17
    Exceeding 15,000 between 19 and 21
  2. [The Member of the Mandal Parishad Territorial Constituency shall be permanent invitee to the meetings of Gram Panchayats and he shall have the right to speak in and otherwise to take part in the proceedings of any meeting of the Gram Panchayat or Gram Panchayats functioning within the local limits of the respective jurisdiction; but shall not, by virtue of this section be entitled to vote at any such meeting.]
  3. 2[One representative from each category of Self Help Group/ Functional Group to be elected in a meeting of the Self Help Group/ Functional Group, which shall be presided over by the Sarpanch for co-option in the manner prescribed they shall have the right to speak in and otherwise to take part in proceedings of any meeting but they shall not be entitled to vote at any such meeting].
Note :—This Section corresponds to Section 7 of Act 2 of 1 964.1 . Section 7 renumbered as sub-sec. (1) & Sub-sec. (2) added by Act 16 of 1996. 2. Added, by Act No. 22 of 2002 w.e.f. 20th June, 2002.

1. Subs, by Act No. 22 of 2002 w.e.f. 20th June, 2002.

8. Election of Members:-All members of the grampanchayat shall be elected by,the registered voters in the ward by the method of secret ballot and in accordance with such rules may be made in this behalf.

9.Reservation of seats of members of grampanchayat:—
  1. In every Gram Panchayat, out of the total strength of elected members determined under Section 7, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve-
    1. such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the gram panchayat, as the population of the Scheduled Castes, or as the case may be, Scheduled Tribes in that village bears to the total population of that village, and such seats may be allotted by rotation to different wards in a gram panchayat:
    2. [Omitted by Act No. 5 of 1995]
    3. not less than one third of the total number of seats reserved under clause (a) and sub-section (1-A) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;
    4. not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to every gram panchayat shall be reserved for women and such seats may be allotted by rotation to different wards in a gram panchayat.
    [(1-A) In addition to the reservation of seats under subsection (1), there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each Gram Panchayat in the manner prescribed; so however that the number of offices of members of Gram Panchayats in the State reserved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of the members of Gram Panchayats in the State. The Number of seats allocated to each Gram Panchayat shall be allotted by rotation to different wards in the gram panchayat:

    Provided that it shall be competent for the Government to make special provision with regard to the manner and quantum of seats to be reserved for Backward Classes in the Gram Panchayats situated in the Scheduled areas, by rules made in this behalf.]

  2. Nothing in '[sub-sections (1) and (1-A)] shall be deemed to prevent women and Members of the Scheduled Castes and Scheduled Tribes or Backward Classes from standing for election to the non-reserved seats in the gram panchayat.

Note :—This Section corresponds to Section 9 of the A.P. Gram Panchayats Act, 1964 (Act 2 of 1964).

SHORT NOTES
Sections 9, 9(1), (1-A) and 15, which deal with making reservations to Scheduled Castes and Scheduled Tribes and Backward Class in local bodies, these provisions are not opposed to the constitutional scheme envisaged in Part IX of the Constitution of India. Prakasam District Sarpanchas Association vs. Government of Andhra Pradesh, 2001 (1) ALD 143 = 2001 (1) ALT 138 (D.B.) 2001 (1) ALD 143 = 2001 (1) ALT 138 (D.B.).

Section 3 and 9 authorises the Commissioner for declaration of a village for the purpose of this Act and to determine seats to be reserved for various categories. Prakasam District Sarpanchas Association vs. Government of A. P., 2001 (1) ALD 143 = 2001 (1) ALT 138 (D.B.).

By making reservations either in favour of Backward Classes or for that matter in favour of any category through drawl of lots, the object of reservations will be defeated. Prakasam District Sarpanchas Association vs. Government of Andhra Pradesh, 2001 (1) ALD 143 = 2001 (1) ALT 138 (DB).

10. Division of wards :— For the purpose of electing members to a grampanchayat, the Commissioner shall, subject to such rules as may be prescribed divide the village into as many wards as there are seats, determined under Section 7, on a territorial basis in such a manner that all wards shall have, as far as practicable, equal number of voters and allot not more than one seat for each ward.
1. Ins. by Act 5 of 1995.
1. Amended by Act No. 5 of 1995.
2. Words draft of the' omitted by A.P. Act No. 26 of 2000, w.e.f. 31-7-2000.

Note :—This Section corresponds to Section 10 of the A.P. Gram Panchayats Act, 1964 (Act 2 of 1964).

11. Preparation and publication of electoral roll for a Gram Panchayat:--
  1. The 2[x x x] electoral roll for Gram Panchayat shall be prepared by the person authorised by the State Election Commissioner in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Gram Panchayat shall come into force immediately'[upon its publication] in accordance with the rules made by the Government in this behalf. The 2[x x x] electoral roll for the Gram Panchayat shall consist of such part of the electoral roll for the Assembly Constituency published under the Representation of the People Act, 1950, (Central Act 43 of 1950) as revised or amended under the said Act, upto the qualifying date, as relates to the village or any portion thereof :

    2. 3[Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the electoral Registration Officer under Section 22 or Section 23, as the case may be, of the Representation of the People Act, 1950, upto the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the Gram Panchayat and any such names included shall be added to the part relating to the last Ward].

    Explanation:--Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the village, all persons whose names are entered in such roll under the registration area comprising the village and whose addresses as entered are situated in the village shall be entitled too be included in the electoral roll for the Gram Panchayat prepared for the purposes of this Act.

  2. 4[(2) The electoral roll for a Gram Panchayat--
    1. shall be prepared and published in the prescribed manner by reference to the qualifying date.-
      1. before each ordinary election; and
      2. (0before each casual election to fill a casual vacancy in the office of the Sarpanch and member of a Gram Panchayat; and
    2. shall be prepared and published in any year, in the prescribed manner, by reference to the qualifying date, if so directed by the State Election Commission:

    Provided that if the electoral roll is not prepared and published as aforesaid, the validity or continued operation of the said electoral roll, shall not thereby be affected].

  3. [The electoral roll] published under sub-section (1) shall be the electoral roll for the Gram Panchayat and it shall remain in force till a fresh electoral roll for the Gram Panchayat is published under this section.
  4. The electoral roll for the Gram Panchayat shall be divided into as many parts as there are wards so that each part consists of the voters residing in the concerned ward and for this purpose the electoral roll maybe rearranged if such rearrangement is found necessary.
  5. Every person whose name appears in the part of the electoral roll relating to a ward shall subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the electoral roll remains in force and no person whose name does not appear in such part of the electoral roll shall vote at any such election.
  6. No person shall vote at an election under this Act in more than one ward or more than once in the same ward and if he does so, all his votes shall be invalid.

Explanation :--In this section, the expression "Assembly Constituency" shall mean a constituency provided by law for the purpose of elections to the Andhra Pradesh Legislative Assembly.

Note :~This Section which deals with preparation and publication of electora roll of a Gram Panchayat corresponds to Section 14 of Act 2 of 1964.

1. Subs, by A.P. Act No. 26 of 2000, w.e.f. 31-07-2000.
2. Words 'draft of the' omitted by A.P. Act No. 26 of 2000, w.e.f. 31-7-2000.
3. Ins. by A.P. Act No. 26 of 2000, w.e.f. 31-07-2000.
4. Subs, by A.P. Act No. 26 of 2000, w.e.f. 31-7-2000.
NOTES

Proviso appended to sub-section (2) of Section 1 1 postulates that non-preparation of electoral roll in connection with Gram Panchayat election will not invalidate the continued operation of such election. A.P. Sarpanchas Association vs. Government of Andhra Pradesh, AIR 2001 A.P. 474 (F.B.) = 2001 (4) ALD 704 = 2001 (4) ALT 309.

12. Rearrangement and republication of electoral rolls:— Where, after the electoral roll for the gram panchayat has been published under sub-section (1) of Section 11, the village is divided into wards for the first time or the division of the village into ward is altered or the limits of the village are varied, the person authorised by the State Election Commissioner in this behalf shall in order to give effect to the division of the village into wards or to the alteration of the wards, or to the variation of the limits, as the case may be; authorise a re-arrangement.and republication of the electoral roll for the gram panchayat or any part of such roll in such manner, as the State Election Commissioner may direct.

1. Subs, by A.P. Act No. 26 of 2000, w.e.f. 31-7-2000.
Note :—This Section corresponds to Section 15 of the A.P. Gram Panchayats Act, 1 964 (Act 2 of 1 964).

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