Protection of Property Rules

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Panchayat Raj & Rural Development Department – Rules relating to Andhra Pradesh Gram Panchayat (Protection of property) Rules – Orders – Issued.

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PANCHAYAT RAJ AND RURAL DEVELOPMENT (Pts.IV) DEPARTMENT

G.O.Ms.No. 188

Dated: 21st July, 2011

Read the following:-

1. From the Hon’ble Supreme Court of India, Order dt.28.1.2011 in Civil Appeal No.1132/2011 SLPC.No.3109/2011 filed by Jagpal Singh and others versus State of Punjab and others.
2. From the CPR&RE, Hyd., D.O.Lr.No.2920/ CPR &RE/D2/2011, dt.2.4.2011 and Letter dt.17.05.2011.

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ORDER:

The Hon’ble Supreme Court of India, in its order dated 28.1.2011 in Civil Appeal No.1132/2011 @ SLP C.No.3109/2011 filed by Jagpal Singh and others versus State of Punjab and others has given directions to the all the State Governments that the State Governments to prepare scheme for eviction of illegal / unauthorized occupation of Gram Sabha / Gram Panchayats / Poramboke / Shamlat lands and the same should be restored to the Gram Sabha / Gram Panchayat for the common use of villagers of the Village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving him/her a show cause notice and a brief hearing. Keeping in view said judgment of the Hon’ble Supreme Court of India, the Government have examined the matter in accordance with the provisions of the Andhra Pradesh Panchayat Raj Act’1994 (Act No.13 of 1994) and decided to issue the following rules.

The following Notification will be published in the Extra Ordinary Issue of the Andhra Pradesh Gazette, Dated 22.07.2011.

N O T I F I C A T I O N

In exercise of the powers conferred under sub-section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act’1994 (Andhra Pradesh Act No.13 of 1994), the Governor of Andhra Pradesh here by makes the following rules.

R U LE S

1.  Short title:-

1. These rules may be called the Andhra Pradesh Gram Panchayats (Protection of property) Rules, 2011.
2. These rules shall come into to force with immediate effect.

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2.  Classification of Gram Panchayat properties :-

1. The lands belonging to Gram Panchayats shall be classified into three categories as follows:-
   1. CATEGORY- A: OWN AND ACQUIRED

   All general roads and drains, cattle pounds, cattle sheds, common market areas, 10% open spaces in layouts, existing parks, lands purchased by the Gram Panchayats.

   2. CATEGORY–B: GIFTS, DONATIONS, TRANSFER OF LANDS to Gram Panchayats.
   3. CATEGORY–C: VESTED WITH GRAM PANCHAYATS

      All public water works, All public water courses, Springs, Reservoirs, Tanks, cisterns, Fountains, Wells, Stand Pipes and other water works (as per section 80 of Andhra Pradesh Panchayat Raj Act) Minor Irrigation Tanks, Tank bunds and all water bodies and vested porambokes (Grazing Lands threshing floors, Burning and Burial grounds, cattle stands, cart stands topes.

2. The Gram Panchayats shall keep on accumulating properties (category A &B) year by year perpetually, as and when new Layout plans are approved in Gram Panchayat area.
3. In respect of lands identified under categories A & B, the responsibility of protection of such lands lies solely with the Gram Panchayat.
4. In respect of category ‘C’ lands, the Protection of such lands lies not only with Gram Panchayat but also with Revenue Department.

3.   Procedure to be followed for protection of Gram Panchayat Properties:-

1. Preparation of inventory:
   1. The executive authority (Panchayat Secretary) of the Gram Panchayat shall prepare inventory of landed properties of the Gram Panchayats based on FMB (Field Measurement Book) / FSA (Field Survey Atlas) and field inspections.
   2. District Collectors shall instruct the Tahsildars to provide the above information to the executive authority (Panchayat Secretary).
   3. Web based solutions may be evolved over a period of time to locate Gram Panchayat lands in the public domain.
2. Validation in Gram Sabha and Gram Panchayat:
   1. After obtaining the land inventory details the executive authority (Panchayat Secretary) shall convene Grama Sabha and validate the information.
   2. Later the Gram Panchayat shall convene its meeting to discuss and approve the land inventory details by passing a resolution.
   3. If any objections are received in the Grama sabha and Grama Panchayat meetings, the same shall be settled as per the recorded evidence.
3. Gazette publication and placing in web:
   1. The Gram Panchayat land inventory details approved by the Gram Panchayat shall be published in the District Gazette.
   2. The information published in the district Gazette may be placed in the web domain and updated from time to time.

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4.  EVICTION OF ENCROACHMENTS:

1. Where it is brought to the notice that any property of the Panchayat is under occupation of any persons the Executive authority (Panchayat Secretary) shall serve a notice to the party concerned and give a brief hearing before proceeding for eviction.
2. Suitable orders shall be passed by the Executive authority (Panchayat Secretary) before actual eviction takes place.
3. The Divisional Panchayat Officer will conduct a monthly review of these cases for protecting Gram Panchayat properties in his jurisdiction through monitoring the process of eviction. He will also give periodical reports to District Panchayat Officer, who will review the cases once in two months.
4. The Executive authority (Panchayat Secretary) may take necessary assistance from the police as per section 139 of the Andhra Pradesh Panchayat Raj Act’1994.
5. The evicted property of the Gram Panchayat shall be protected by making fencing or by constructing a compound wall depending on the value of the property and by displaying a notice board.
6. A permanent register on encroachment of Panchayat properties shall be maintained in all Gram Panchayats and the same will be validated in the Gram Sabha and Gram Panchayat meetings at least twice in a year.
7. Aggrieved parties may file representations to the Executive authority (Panchayat Secretary) concerned by marking a copy to the Divisional Panchayat Officer.
8. The petitions filed by the aggrieved parties will be monitored and disposed of by the Divisional Panchayat Officer / District Panchayat Officer.

5.  ADMINISTRATIVE ARRANGEMENTS :

A separate cell at district level in the Office of the District Panchayat Officer by name Gram Panchayat (Protection of properties) shall be constituted to monitor and protect Gram Panchayat properties from time to time.

6.  The supporting staff for taking up these activities at the Divisional Panchayat Office / District Panchayat Office shall be provided as per necessity, from out of the available Junior Assistants to assist the Divisional Panchayat Officer / District Panchayat Officer in the eviction process from time to time.

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7.  At District level a High Power Committee shall be constituted with the following Officers to meet every three months and review the progress of identification and removal of encroachments.

1)	District Collector	–	Chairman
2)	Joint Collector	–	Member
3)	Superintendent of Police	–	Member
4)	Superintending Engineer (P.R)	–	Member
5)	Superintending Engineer (R&B)	–	Member
6)	Superintending Engineer (Irrigation)	–	Member
7)	Assistant Director (Survey &Land Records)	–	Member
8)	Assistant Director (Mines)	–	Member
9)	District Panchayat Officer	–	Member Convenor

8.  At Commissionerate level, a Vigilance & Enforcement Wing shall be constituted with Additional Commissioner / Deputy Commissioner to protect the Gram Panchayat properties and to monitor the activities of district level Cells.

9.  Regulation of any matter:-.The Commissioner, Panchayat Raj and Rural Employment shall be the final authority in regard to the regulation of any matter arising out of the application of these rules.

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

Dr. RAJIV SHARMA

PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner, Printing, Stationery and Stores Purchase, Chanchalguda, Hyderabad (with a request to publish in the Gazette Notification and furnish 500 copies immediately)
Copy to:
The Commissioner, Panchayat Raj and Rural Employment, A.P., Hyderabad.
All the District Collectors in the State.
All the Chief Executive Officers, Zilla Praja Parishad in the State.
All the District Panchayat Officers in the State
The P.S. to Special Secretary to C.M
The P.S. to Minister (PR&RWS)
The P.S. to Minister (Finance)
The P.S. to Special Chief Secretary to Govt. (Finance)
The P.S. to Principal Secretary to Govt. (PR)
Sc/Sf.

//FORWARDED::BY ORDER//


SECTION OFFICER

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Food Safety and Standard Act, 2006

Prevention of food Adulteration Act, 1954

Right to Information Act, 2005( Amended )

ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT, 1977

ANDHRA PRADESH PROHIBITION OF COW SLAUGHTER AND ANIMAL PRESERVATION ACT,1977
[Act No. 11 of 1977]

PREAMBLE

An Act to provide for the prohibition of the slaughter of cows, calves of cows and calves of shebuffaloes and for preservation of certain other animals suitable for mulch, breeding, drought oragricultural purposes in the State of Andhra Pradesh and for matters therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-eight Year of the Republic of India as follows:--

Section 1 - Short title and commencement

1. This Act may be called the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977.
2. It extends to the whole of the State of Andhra Pradesh.
3. It shall be deemed to have come into force on the 19th December, 1976.

Section 2 - Declaration as to giving effect to certain directive principles:  It is hereby notified that this Act is for giving effect to the policy of the State towards securing the principles specified in Article 48 of the Constitution of India.

Section 3 - Definitions:  In this Act unless the context otherwise requires,

1. 'animal' means bull, bullock, buffaloe, male or female, or calf, whether male or female, of a she-buffaloe;
2. 'competent authority' means a person or a body of persons appointed under Section 4 to perform the functions of a competent authority under this Act;
3. 'cow' includes a heifer, or a calf, whether male or female of a cow;
4. 'Government' means the State Government;
5. 'notification' means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly;
6. Prescribed means prescribed by rules made under this Act.

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Section 4 - Appointment of competent authority: The Government may, by notification, appoint a person or a body of persons to perform the functions of a competent authority under this Act for such local area as may be specified in such notification.

Section 5 - Prohibition of slaughter of cow or calf of she-buffaloe:  Notwithstanding anything in any other law for the time being in force or any custom, or usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter or otherwise intentionally kill or offer or cause to be offered for killing any cow or calf, whether male or female, of a she buffaloe.

Section 6 - Prohibition against slaughter of animals without certificate from competent authority

1. Notwithstanding anything in any other law for the time being in force or any custom or usage to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter any animal other than a calf, whether male or female, of a she-buffaloe, unless he has obtained in respect of such animal a certificate in writing from the competent authority appointed for the area that the animal is fit for slaughter.
2. No certificate shall be granted under sub-section (1), if in the opinion of the competent authority the animal is or is likely to become economical for the purpose of,--
   1. breeding, or
   2. drought or any kind of agricultural operations; or
   3. giving milk or bearing off-spring:

   Provided that no certificate under sub-section (1) shall be refused to be granted unless the reasons for such refusal are recorded in writing.

3. A certificate under this section shall be granted in such form and on payment of such fee as may be prescribed.

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Section 7 - Power of revision

1. The Government may, suo motu or shall, on an application made in this behalf by the person aggrieved, for the purpose of satisfying themselves as to the legality or propriety of any order passed by a competent authority, granting or refusing to grant any certificate under Section 6, call for and examine the record of the case and may pass such order in reference there to as they think fit.
2. Subject to the provisions of sub-section (1) any order passed by the competent authority granting or refusing to grant a certificate under Section 6, and any order passed by the Government under sub-section (1) shall be final and shall not be called in question in any court.

Section 8 - Slaughter to be in places specified :  No animal in respect of which a certificate has been granted under Section 6 shall be slaughtered in any place other than a place specified by such authority or officer, as the Government may appoint in this behalf.

Section 9 - Power to enter and inspect

1. For the purposes of this Act, the competent authority or any person authorised in this behalf by the competent authority (hereinafter referred to as the 'authorised person') shall have power to enter and inspect any premises where the competent authority or the authorised person has reason to believe that an offence under this Act has been or is likely to be committed.
2. Every person in occupation of any such premises shall allow the competent authority or the authorised person such an access to the premises as may be necessary for the aforesaid purpose and shall answer to the best of his knowledge and belief any question put to him by the competent authority or by the authorised person.

Section 10 - Penalties:  Whoever contravenes any of the provisions of this Act, shall on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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Section 11 - Offences under Act to be cognizable: Notwithstanding anything in the Code of Criminal Procedure, 1973, (Central Act 2 of 1974) all offences under this Act shall be cognizable.

Section 12 - Abetments and attempts: Whoever abets any offence punishable under this Act or attempts to commit any such offence, shall be punished with the punishment provided in this Act for such offence.

Section 13 - Persons exercising powers under the Act deemed to be public servants: All persons exercising powers under this Act shall be deemed to be public servants within themeaning of Section 21 of the Indian Penal Code. (Central Act 45 of 1860)

Section 14 - Protection of persons acting in good faith: No suit, prosecution or other legal proceeding shall be instituted against the competent authority or any person exercising powers under this Act, for anything which is in good faith done or intended to be done under this Act or the rules made there under.

Section 15 - Exemptions: Subject to such conditions as may be prescribed in this behalf, the provisions of this Act shall not apply to--

1. any animal operated upon for vaccine, lymph, serum or any experimental or researchpurpose at an institution established, conducted or recognised by the Government; or
2. any cow or animal--
   1. slaughter of which is certified by a Veterinary Officer authorised by the Government, to be necessary in the interests of the public health.
   2. which is suffering from any disease which is certified by a Veterinary Officer authorised by the Government as being contagious and dangerous to other animals.

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Section 16 - Delegation of powers : The Government may, by notification, delegate--

1. to any local authority, their powers under Section 4, within the local area subject to the jurisdiction of such local authority:--
2. to any officer of the Government, their powers under sub-section (1) of Section 7.

Section 17 - Establishment of institutions for taking care of cows or other animals

1. The Government may establish, or direct any local authority or society registered under the law relating to the registration of societies for the time being in force in the state, or any association or body of persons, to establish institutions at such places as may be deemed necessary for taking care of cows or other animals sent thereto.
2. The Government may provide bye-rules for the proper management of such institutions for the care of cows or other animals that may be admitted therein.
3. The Government, or subject to the previous sanction of the Government, the local authority, society or body of persons or association establishing an institution under sub-section (1), may levy such fees as may be prescribed for the maintenance of such institutions.

Section 18 - Power to make rules

1. The Government may, by notification, after previous publication, make rules for carrying out the purposes of this Act.
2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--
   1. the powers and duties of competent authority in addition to those provided in this Act;
   2. the form of the certificate under Section 6;
   3. the amount of fee to be paid under Section 6;
   4. the conditions subject to which this Act shall not apply to any animal under Section 15;
   5. the management of institutions established under Section 17 and the fee to be levied for their maintenance; and
   6. any other matter which is to be or may be prescribed.
3. Every rule made under this section shall immediately after it is made, be laid before each house of the State Legislature if it is in session and if it is not in session, in the session immediately following, for total period of fourteen days which may be comprised in one session, or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall, stand annulled, as the case may be: so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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Section 19 - Repeals: The Andhra Pradesh (Telangana Area) Slaughter of Animals Act, 1950, (Act VII of 1950) and the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Ordinance, 1976, (Ordinance 23 of 1976) are hereby repealed.

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