G.P. Building Rules 1972 amendments and Clarifications

2. Memo. No. 85638/Pts. IV/86-/ Dated : 4-12-86

Sub:- Public needs Gram Panchayats House plans approval by the Gram Panchayats fixing of time frame in the action plan on Administrative Reforms-Certain Instructions-Issued.

Ref:- Erom the G. A (A R&T) Dept., D. O. Lr. No. 613/AR & T/86-26, dt. 21-11-86.

All the Collectors (PW) in the State are informed that there is a time limit of 60 days under rule 11 of the A. P. G. P. Building Ruies, within which the Gram Panchayat is to signify its approval or disapproval of building permission. According to the original provision, the Executive Authority of the Gram Panchayat was empowered in this regard. But the rule is now amended and the Gram Panchayat now empowered to accord such sanction. The limit of 60 days is now considered necessary as the Executive Authority has to place the application for Building permission in the meeting of the Gram Panchayat for its approval which will normally be held once in a month. In case, the Gram Panchayat fails to approve or disapprove within the said period of 60 days, such approval or permission shall be deemed to have been given under rule 17 of the said rules.

The Collectors (PW) all the District in the State are therefore requested to bring the above rule position to the notice of all Gram Panchayats under their Jurisdiction and see that the time schedule stipulated in the Rule in question is strictly adhered to without any deviation. Any deviation in this regard may be brought to the notice of Government for taking suitable action against the persons responsible.

Contd

3. G. O. Ms. No. 318, P.R. & R.D. (Pts IV) m. 15-5-1987

Panchayats-Gram Panchayats-Fixation of time frame for disposal of buildings applications-Amendments to the Andhra Pradesh Gram Panchayat Building Rules 1972-lssued.

1. G. O. Ms. No. 377 P. R. dated 12-10-1973.
2. G. O. Ms. No. 326 P. R. dated 27-6-1974.
3. G. O. Ms. No. 1247 P, R. dated 12-12-1978.

ORDER:

According to Rule 9 of the Andhra Pradesh Gram Panchayat Building Rules, 1972 issued in the G. Os. read above, a person applying for permission to construct a building or alter a building shall submit an application to the Gram Panchayat for approval of the site and for permission to execute the work in the forms specified in Appendix 'A' to the said rules with such variations as circumstances may require. It is observed that the conditions stipulated in Appendix 'A' for grant of permission are not comprehensive enough in that the period within which the application is to be disposed of under rule 11 of the Andhra Pradesh Gram Panchayat Building Rules, 1972 has not been specified and the deeming prevision that if the permission is not accorded within 60 days, the applicant may proceed with the executive work has not been specified. Further, the from does not provide for the acknowledgement to be given to the applicant in token of having received the application by the executive authority. The Government have, therefore, decided that the application form for approval for housing/building plans should be revised so as to provide for incorporation of the above time schedule for disposal of the application also and acknowledgement to the applicant. The Government also direct that the period of 2 months within which the application shall be disposed of stipulated under rule 9 (l) of the A. P. Gram Panchayat Building Rules should be utilised by the various levels in the Gram Panchayat Office as indicated below:-

1. Not more than ten days can be taken for examination of the documents filed with the application and spot inspection by the executive authority.
2. The Gram Panchayat should take a decision on the application within 30 days after item 1 above.
3. The Executive Authority will communicate the decision of the Gram Panchayat and require the applicant to pay the prescribed fees in case permission is accorded, within five days from the date of, decision of the Gram Panchayat referred to in item 2 above.
4. The process pf payment of prescribed fee by the applicant and issue of permission by the Gram Panchayat shall be completed within 15 days after item 3 above.
5. The appended Notification shall be published in the next issue of the Andhra Pradesh Gazette.

Contd

4 Memo No. 33DDD/fts. IV/88-l, Dated 27-6.1988

Sub:- Buildings-Approval of House Plan in violation of Building Rules-Instructions-issued.

Ref: - 1. From the Vice Chairman, V. G, T. U. D. A. Vijayawada Lr. No. C6/6728/86, dated 1-5.88.
2. G. O. Ms.377 PR (SI) Dept' dated 12-10-73.

It has been brought to the notice of the Government that many Gram-Panchayats are approving the House Plans even though they do not satisfy the Andhra Pradesh Gram Panchayat Building Rules and forwarding them to Urban Development Authority. Approval of building plans not conforming to Andhra Pradesh Gram Panchayat Buildings Rules is highly irregu1ar and objectionable. All Collectors are therefore requested to give suitable instructions to all concerned viz:- Sarpanchas of Gram panchayats, Executive Officers of Gram Panchayats and ensure that the A. P. Gram Panchayat Building Rules 1972 are strictly adhered to by the competent authority while approving House Plans.

Contd

G.O.Ms. No. 480, P.R. & R.D. (Pts. IV) Dt. 28-7-1988.

Buildings - Gran Panchayat - Issue of Licence and permissions and approvals of layouts by the Gram Panchayats under Andhra Pradesh Gram Panchayat Act and the rules made thereunder- Certain clarifications-issued,

Read the following.

1. From the District Collector, Anantapur Letter No. 2186/86 A4 (Pts) dated 30-10-87.
2. From the District Collector, Anantapur Letter No. 2186/86 A4 (Pts) dated 3-10-87.
3. From the Director of. Town & Country Planning LT. No. 5556/87 P4, dated 11-3-1988,
4. GO Ms No. 500 P R (Pts IV) Dept dated 25-10-85.
5. GO Ms No. 377 PR (S 11) Dept dated 12-10-1973.

ORDER:

In the G. O. fourth cited, orders have been issued appointing the Director of Town and Country Planning, Joint Director of Town Planning and Assistant Director of Town Planning as inspecting officers for the purpose of inspecting and superintending the operations of the Gram Panchayats. In pursuance of the above Orders the Director of Town and Country Planning has been inspecting the various Gram Panchayats falling under his jurisdiction and issued inspection reports incorporating the various irregularities committed by the Gram Panchayats in the sanction of Layouts, House plans and issue of Licenses and permissions. The Collector, Anantapur in his letters cited has expressed certain doubts and sought clarification on the following points:-

1. Who is the competent authority to sanction the layouts in Gram Panchayat and whether the approval of Director of Town and Country Planning is necessary for approval of layout under rule 5(2) of the G.O. Ms, No. 377 P.R.(SII) dated 12-10-1973.
2. Whether the approval of the Director of Town & Country Planning is necessary for the construction and establishment of Factories and Industries when sub-rule(1), (2) and (3) of Rule 9 of the Andhra Pradesh Gram Panchayat Building Rules issued in G. O. Ms. No. 377 P. R. (S 11) dated 12-10-1973 empowers the Gram Panchayat to sanction the same.
3. Is not the sanction given by the Gram Panchayat under section 125 of the Andhra Gram Panchayat Act final when it was sanctioned by the Gram Panchayat without consulting the technical authorities. Government have examined the matter in consultation with the Director of Town & Country Planning and issue the following instructions item wise:-

1) Sanction of Layouts :- According to rule 5 (2) of the rules issued in G. O. Ms. No. 377 P. R. doted 12-10-1973 (Andhra Pradesh Gram Panchayat Building Rules), the Executive authority shall place with his remarks the application for sanction of layout before the Gram Panchayat within Thirty days from the date of its receipt in the Gram Panchayat Office or at the next ordinary meeting of the Gram Panchayat. The Gram Panchayat shall thereafter call for further particulars, where necessary, or forward the same to the Director of Town and Country Planning. Where further particulars are called for, they shall be furnished by the applicant within ten days from the date of receipt of the notice by him. The Executive Authority shall thereafter, forward to the Director of Town Planning the layout plan with full particulars within a period of Fifteen days from the date of receipt of particulars from the applicant. The Director of Town Planning shall within 90 days after the Gram Panchayat furnish all particulars to him forward his recommendations to the Gram Panchayat. The Gram Panchayat may within Sixty days from the date of receipt of the recommendation of the Director of Town Planning, sanction the layout, having due regard, to such recommendations, and subject to such conditions as it may deem fit or refuse to sanction for reasons to be record in writing.

It is, thus seen that the Gram Panchayat does not have the independent power for sanction of a layout. The Gram Panchayat on receipt of recommendations from Director of Town Planning, has to sanction the layout, having due regard to such recommendation and subject to such conditions as it may deem fit or refuse to sanction for reasons to be recorded in writing. Sub-rule (3) of rule 5 provides the grounds under which sanction of layout can be refused by the Gram Panchayats.

In view of the above rule position, the Collector, Anantapur is informed that the layouts sanctioned by Gram Panchayat without recommendations of Director of Town and Country Planning are irregular and unauthorised and therefore he should initiate action under section 46 of the Act for cancelling such layouts. There is no need for amendment of the rules as suggested by Collector, Anantapur. Government also consider that in view of the specific provisions contained under rule 5 of Andhra Pradesh Gram Panchayat Building Rules issued in G. O. Ms. No. 377 P.R. dated 12-10-1973 in respect of sanction of layouts and the rates of fees prescribed in G. O. Ms. No. 345 P. R. dated 27-7-1972, all such applications for sanction of layouts by Gram Panchayats should be processed at the level of Divisional Panchayat Officer, before the Gram Panchayat sends such proposal to the Director of Town and Country Planning for their recommendation and it should be ensured by the Divisional Panchayat Officer that the fees prescribed under G. O. Ms. No. 345 P. R. dated 27-7-1972 are remitted well in advance to the Gram Panchayat account before the Gram Panchayat accords sanction for the layout on receipt of recommendations from the Director of Town & Country Planning.

(2 & 3) Sanction of permission under section 125 of the Act.

According to Section 125 of the Act, 1964 Gram Panchayat is competent to accord permission to every person intending.

1. to construct or establish any factory, workshop or work place in which it is proposed to employ steam power, water power or other mechanical power or electrical power, or
2. to instal in any premises any machinery or manufacturing plant driven by steam water, or other power as aforesaid (not being machinery or manufacturing plant exempted by rules made in this behalf i. e. installation of power looms using motors of one horse power and less vide G. O. Ms. No. 1265 P. R. dated 16-12-1978) before beginning such construction, establishment or installation make an application in writing to the Gram Panchayat for permission to undertake the intended work, which shall be accompanied with the particulars prescribed under sub-section (2) of section 125 of the Act. According to sub-section (4) of section 125 of the Act, before granting the permission the Gram Panchayat shall obtain:-
   1. The approval of Inspector of Factories.
   2. Consult the District Medical & Health Officer.
   3. Approval of Director of Town and Country Planning.

It is thus seen that the powers for granting permission by Gram Panchayat under section 125 of the Act in respect of category of constructions to be carried for the purposes mentioned therein are of independent nature and the provisions of Andhra Pradesh Gram Panchayat Building Rules issued in G. O. Ms. No. 377, P. R. dated 12-10-73 do not apply to the category or constructions to be carried under section 125 of the Act. Moreover according to sub-section (4) of section 125 of the Act, any permission granted by the Gram Panchayat without obtaining the approval of Inspector of Factories and Director of Town Planning and without consulting the District Medical and Health Officer i. e. obtaining his opinion, will be in clear violation of the statutory provisions, and that amounts to irregular and unauthorised permission making the Gram Panchayat and its Sarpanch or Executive Authority liable for action under section 52 and section 50 of the Act. Government consider that in all such cases, the Collector is empowered to initiate action under section 45 of the Act, to suspend or cancel any resolution passed, order issued or licence or permission granted, by following the procedure prescribed therein. Government therefore direct all applications seeking permission under section 125 of the Act, shall be scrutinised at the level of Divisional Panchayat Officer before the Gram Panchayat grants permission in such cases.

In view of the position clarified above, all Collectors are requested to follow the above Instructions scrupulously and issue necessary instructions to all the Executive authorities of Gram Panchayats and Divisional Panchayat Officers and ensure strict compliance of the above instructions. The Collectors are further requested to take immediate necessary action on the inspection reports of the Director of Town and Country Planning under intimation to Government and Director of Town and Country Planning, wherever any cases of irregular sanction of {layouts by Gram Panchayats or irregular permissions granted by Gram Panchayats under section 125 of the Act are brought to their notice.

Contd

6. Memo No. 70954/Pts. IV/86-4, Dated 20-2-1989.

Sub:- Layouts-Gram Panchayat-Thimmapuram-Disposal of reserved site in the approved layouts around Kakinada Municipality Certain instructions-issued.

Ref:- 1. From the Director of Town & Country Planning, Hyderabad LT. No. 12433/86/ D 5-2, dt. 21-8-86.
2. Govt. Memo No. 709541Pts. IV/86-1, dt. 23-9-86.
3. From the CPR &RD, Hyderabad Lr. No. 15278/CPR-D2/88, dt. 16-1-89.

It has been brought to the notice of the Government by the Director of Town and Country Planning, Hyderabad in reference 1st cited that while implementing the layouts as required under the rules issued In G. O. Ms, No, 377 P. R. (S, 11) Department dated 12-10-1973, some of the Gram Panchayats around Kakinada Municipality have got open spaces reserved for public purposes. In the case pf Thimmapuram, an extent of 3.32 acres has' been made available. The Director, Country and Town Planning stated further that these open spaces unless they are protected properly and developed, it would not be possible to prevent encroachments and at the same time, it would defeat the very purpose for which these open spaces are carved out. The Director has therefore requested the Government to issue instructions to the District Collectors to prevent encroachments on such lands and to get the parks established by respective Gram Panchayats.

The Collector (PW) East Godavari is therefore requested to issue necessary instructions to all the Gram Panchayat in the vicinity of Metropolitan Muncipal Towns to ensure that the Gram Panchayat Lands including open spaces are well protected by the Gram Panchayat without any encroachment. They are further requested to take necessary steps to develop those open spaces into parks etc., by getting adequate funds provided from the respective Gram Panchayats funds.

All the Collectors in the State are also requested to issue similar instructions to the Executive Authorities of Gram Panchayats located in the vicinity of Metropolitan Municipal Towns in their District and to ensure that the open spaces are well protected by Gram Panchayats and that there are no encroachments over such Lands set apart for public purpose asper Layouts approved.

The Collectors are, further requested to get the compliance watched by Divisional Panchayat Officers and Extension Officer (Pts) Executive Officer of Gram Panchayats and review the same in the monthly meetings of field supervisory Staff held at District level.

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