Grama Sabha Rules Issued by G.A.D. G.O.Ms.No.791

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Rajiv Gandhi Panchayat Sashakthikaran Abhiyan (RGPSA) - Conduct of Gram Sabhas – Participation of all Field Level Functionaries connected with the discharge of functions/ implementation of programmes/activities pertaining to 29 Subjects entrusted to Panchayat Raj Institutions under the Constitution (73rd Amendment) Act – Orders - Issued.

GENERAL ADMINISTRATION ( GENERAL / LEGISLATURE COORDINATION) DEPARTMENT

G.O.Ms.No. 791

Dated: 07.11.2013

Read the following:

1. G.O.Ms.No. 162 Panchayat Raj & Rural Development (Panchayats.I) Department, Dated 4.4.1997
2. From the Commissioner, Panchayat Raj & Rural Employment, Hyderabad Letter No.3806/D3/2009, dated.20.9.2013 & 30.9.2013

****

ORDER

Article 243(A) of the Constitution of India has enabled the State Legislatures to empower Gram Sabha by endowing them with certain statutory powers. Sections 45, 161 and 192 of the APPR Act 1994 have entrusted certain specific functions to Panchayat Raj Institutions as mentioned in Annexure-I. Gram Sabha is a constitutional body and the nucleus of democratic power in the local governance system; it is the basic unit for village development and decentralised planning. Gram Sabha acts as a platform for peoples' participation, maintains surveillance of various development activities implemented in the village(s), raises issues relating to the village(s) concerned, and ensures transparency and accountability in the functioning of Panchayat Raj Institutions and line departments at the grassroots level. Also the most appropriate and effective institution at the village level for conducting social audit of activities undertaken by Government Departments/Organisations and Panchayat Raj Institutions is Gram Sabha. When empowered, the Gram Sabha is capable of ushering in a culture of transparency and accountability in government at the local level by acting as “Village Level Platform for Transparency, Accountability and Convergence” for planning and implementation of socio-economic development and welfare programmes.

2.    In the reference 2nd read above, the Commissioner, Panchayat Raj & Rural Employment, Andhra Pradesh, Hyderabad has submitted proposals duly stating that in Andhra Pradesh every Gram Panchayat shall statutorily convene the Gram Sabha at least twice in a year. Two common dates namely 14th April and 3rd October in a year are fixed for conduct of Gram Sabha meeting as per APPR Act 1994 wherein the Sarpanch of the Gram Panchayat shall convene the Gram Sabha meeting. However, in pursuance of the instructions from Government of India, circular instructions have been issued by Commissioner, Panchayat Raj to all District Panchayat Officers to conduct Gram Sabhas 4 times in a year i.e., on 1) 2nd January, 2) 14th April 3). 1st July and 4) 3rd October vide Commissioner, PR&RE Office Memo.No.3806/CPR& RE/D2/2009 dated:06.06.2011.

3.   In pursuance of Article 243 (A) of the Constitution of India, the Gram Sabha is incorporated under Section 6 of APPR Act 1994. As per the said Section, the subjects for discussion in the Gram Sabhas are as follows:

1. Annual statement of accounts and audit report;
2. Report on administration of the preceding 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 matters as may be prescribed.

In addition to the items listed above, the following matters are also to be placed before the Gram Sabha in terms of orders issued in the G.O. 1st read above.

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1. Village agricultural production plans;
2. Work of village volunteer force;
3. Utilization of land development funds;
4. Work of Cooperatives;
5. Particulars of location of common lands in villages i.e., porambokes vesting in Panchayats and other relevant particulars;
6. Particulars of transfers of ownership of houses and other immovable properties;
7. Copy of the approved budget estimates of the Gram Panchayat;
8. Copy of the audit report on the accounts of the Gram Panchayat; and
9. List of defaulters, who are in arrears of payment of taxes and fees due to the Gram Panchayat.

4.   Further, the Commissioner, Panchayat Raj & Rural Employment Department has stated that in pursuance of the 73rd Amendment to the Constitution of India, 29 general powers and functions have been entrusted to the Panchayat Raj Institutions under Sections 45, 161, and 192 of APPR Act 1994. As part of the devolution of powers to Panchayat Raj Institutions, certain other functions have already been devolved to these institutions by the respective line departments and orders to that effect have been issued as in Annexure.II.

5.   Despite the Constitutional mandate and specific orders on devolution of powers to Panchayats, the effective discharge of transferred functions/subjects/activities at the village level are not being monitored or reviewed by the Heads of Departments effectively. Government felt that there is need to make all out effort to empower the Gram Sabha with a view to ensuring that government programmes and schemes reach the people. As a first step to ensure effective community participation in development and welfare activities undertaken by the Government at the Gram Panchayat level, the concerned field level functionaries of all line departments/organisations should participate in and be made accountable to the Gram Sabha. This step will go a long way in realising the goal of Gram Sabha being a “Village Level Platform for Transparency, Accountability and Convergence” for all socio-economic development and welfare programmes of State and local governments.

6.   In exercise of the powers conferred under Section 268 read with Sections 6, 45, 161 and 192 of Andhra Pradesh .Panchayat Raj Act 1994 and in pursuance of the orders issued on devolution of powers to Panchayat Raj Institutions, the Govt. hereby direct that the grassroots level functionaries of all Departments mentioned in the Annexure.III must participate in the Grama Sabha held by the respective Gram Panchayats in their jurisdiction along with status notes, action plans and physical and financial progress reports as designed by the respective line departments for various activities mentioned in the Annexure III. This will ensure effective peoples' participation, keep surveillance over quantity and quality of works, raise issues pertaining to the village(s) concerned and ensure transparency and accountability in implementation of socio-economic development programmes as per the provisions of Constitution of India, APPR Act 1994 and the rules issued by various Government Departments thereunder. The Gram Sabha, under guidelines of Central and State schemes issued, if any, should be conducted under the provisions of Section 6 of Andhra Pradesh .Panchayat Raj Act 1994 only. All the respective Heads of the Departments and the District Collectors should ensure the participation of field level functionaries in the Gram Sabha as ordered above. District Collectors, Joint Collectors, Additional Joint Collectors, Chief Executive Officer, Zilla Parishad, other District Officers, Divisional Officers and Mandal level Officers shall make effort to attend some Gram Sabha meetings to spread the message that the Government accords utmost importance to the strengthening of Panchayats.

7.   Since four Gram Sabhas are to be held in each Gram Panchayat, the respective village level/field functionaries of the concerned Departments shall furnish information on various aspects of their functioning to Panchayat Secretaries as follows in addition to the information demanded by the Members of Gram Sabha:

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1st Gram Sabha (14th April):	Status of Programmes/Activities implemented in the previous financial year (Physical and Financial Progress); Report on Evaluation/Social Audit conducted, if any; Action Plan and Budget for the current financial year;
2nd Gram Sabha (1st July)	Beneficiaries identified under various development and welfare programmes; public works taken up/ being taken up; Physical and Financial Progress Reports;
3rd Gram Sabha (3rd October)	Progress in implementation of beneficiary-oriented programmes/activities and public works taken up in the village(s) - Physical and Financial Progress Reports, Review of services delivered through Direct Benefit Transfer (DBT), Mid-course corrections effected, if any, etc. ,
4th Gram Sabha (2nd January)	Overall Performance and Impacts of the programmes/ activities undertaken - Evaluation conducted, if any, etc.,

8.   The respective field level functionaries of line departments should provide the required information to the Panchayat Secretary concerned at least one week in advance prior to the date of Gram Sabha. The Mandal level officers of the respective departments shall be responsible to ensure the furnishing of required information to the Gram Sabha concerned in time. The Panchayat Secretary will consolidate the entire information and distribute to the members of the Gram Sabha. The Panchayat Secretary should also arrange for videograph of the proceedings of the Gram Sabha as part of the documentation. A photograph of the Gram Sabha should also be uploaded in the website of the Department.

9.   Some field level functionaries may need to attend more than one Gram Sabhas in a single day since Village level field officials may have jurisdiction over more than one Gram Panchayat. In order to conduct the Gram Sabhas in a meaningful way, the Extension Officer (PR& RD) and Divisional Panchayat Officer concerned should ensure conducting Gram Sabhas within a week commencing the day as indicated in para 7 above (for example: April14 + 6 days) staggering the date and timing for conduct of Gram Sabhas in such a way that the respective field functionaries would be in a position to attend all Gram Sabhas in his/her jurisdiction.

10.   If any of the respective field level functionary fails to attend the Gram Sabha, the resolution of the Gram Sabha to that extent shall be forwarded to the respective disciplinary authority of the department concerned. The respective department should submit action taken report on the Gram Sabha resolution to the Gram Panchayat under intimation to District Collector. The Gram Sabha is constitutionally empowered to plan, review, and monitor the activities of development and welfare departments. Thus, whenever the Gram Sabha raises some issues and suggests improvements, the authorities of the department concerned should take immediate necessary action. They shall place an Action Taken Report before the Gram Sabha through the Gram Panchayat concerned.

11.   In order to facilitate the Gram Sabha in a structured manner, Resource Teams shall be constituted at the district and mandal level. The members of the Resource Team may be selected from the Civil Society Organizations (NGOs), Village volunteers, Active Social Workers,etc., as was done in Social Audit teams in Mahatma Gandhi National Rural Employment Generation Scheme. The Resource Teams will assist the Gram Panchayats in mobilizing the people and conducting the Gram Sabha. Selection, Composition of Resource Team, Honorarium, and other logistical support shall be provided by the Commissioner, Panchayat Raj and Rural Employment. The necessary Training to the Resource Teams shall be provided by the AMR-A.P. Academy of Rural Development . The expenditure shall be met from the training funds available with them such as Rajiv Gandhi Panchayat Sasakthikaran Abhiyan, Backward Regional Grant Fund and from other Scheme grants implemented by the line departments, etc.,

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12.   All Heads of Departments in the State shall take necessary action for effective implementation of the above orders. They shall ensure that all their programmes and works are monitored online through the Habitation Score Card framework and that the relevant physical and financial progress reports are available in the websites of the department to ensure utmost transparency. The Panchayat Raj Department, in association with Information Technology & Communications Department shall ensure that e-Panchayat programme is implemented in all Districts and there is proper interface between e-Panchayat and Habitation Score Card applications. The Commissioner, Panchayat Raj and Rural Employment shall take necessary action for the implementation of this Government Order and give wide publicity to the same. The District Collectors, Chief Executive Officers of Zilla Parishads/District Panchayat Officers shall submit quarterly progress reports on the implementation of this Government Order to Panchayat Raj and Rural Development Department. A summary report showing District-wise details shall be put by Principal Secretary to Government, Panchayat Raj and Rural Development (PR) Department to Chief Secretary to Government every quarter.

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

DR.P.K. MOHANTY,

CHIEF SECRETARY TO GOVERNMENT.

To
The Commissioner, Printing, Stationary & Stores Purchase, Chanchal Guda, Hyderabad (with a request to send 10,000 copies of Gazette Notification)
All Special Chief Secretaries/Principal
Secretaries/Secretaries/Administrative
Departments in the Secretariat
The Commissioner, Panchayat Raj & Rural Employment Department
All Heads of Departments.
The Director General, Centre for Good Governance
The Commissioner, AMR- A.P. Academy of Rural Development, Hyderabad.
All District Collectors in the State with a request to communicate the order to all
District and Divisional Officers, including Project Officers of Integrated Tribal Development Agencies.
All Chief Executive Officers of Zilla Parishad in the State All District Panchayat Officers in the State

// :: FORWARDED ;; BY ORDER :: //

SECTION OFFICER

Continued for Annexure.I

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ANNEXURE-I

(A) Powers, Functions and Property of Gram Panchayats (Sec.45 of A.P.Panchayat Raj Act )

Duty of Gram Panchayat to provide for certain matters:-

1. (1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a Gram Panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely:-
   1. The construction, repair and maintenance of all buildings vested in the gram Panchayat and of all public roads in the village (other than the roads vested in the Mandal Parishad and Zilla Parishad and the roads classified by the Government as National and State Highways) and of all bridges, culverts, road, dams and causeways on such roads;
   2. The lighting of public roads and public places.
   3. The construction of drains and their maintenance and the disposal of drainage water and sullage;
   4. the cleaning of streets, the removal of rubbish heaps, jungle growth and prickly-pear, the filling in of the disused wells, insanitary ponds, pools, ditches, pits or hollows and other improvements of the sanitary condition of the village;
   5. the provision of public latrines and arrangements to clean latrines, whether public or private;
   6. the opening and maintenance of cremation and burial-grounds, and the disposal of unclaimed dead bodies of human beings or of animals;
   7. preventive and remedial measures connected with any epidemic or with malaria;
   8. the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water works, for the supply of water for washing and bathing purposes and of protected water for drinking purposes;
   9. the conservation of manorial resources, preparation of compost and sale of manure;
   10. the registration of births and deaths;
   11. the establishment and maintenance of cattle ponds; and
   12. all other mattes expressly declared obligatory by or under this Act or any other law.
2. Apart from the matters specified in sub-section (1), the Government may, subject to such rules as may be made in this behalf entrust the gram Panchayats with any functions in relation to the subjects specified in Schedule-1.
3. The Gram Panchayats shall do resource planning at village level.
4. No suit for damages for failure or for enforcement of the duty to make provision in respect of any of the matters specified in sub-section (1) shall be maintainable against any gram Panchayat, executive authority, officers or servants of the gram panchayat.

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(B) Powers and functions of the Mandal Parishad (Sec.161 Schedule .II of A.P.Panchayat Raj Act)

1.   Community Development:
The execution of all programmes under Community Development in association with Panchayats, co-operative societies, voluntary organizations and the people.

2.   Agriculture:
The doing of everything necessary to step up agriculture Production and in particular,-

1. multiplication and distribution of improved seeds;
2. distribution of fertilizers;
3. popularization of improved techniques, methods and practices and improved implements;
4. achieving self-sufficiency in green manure and composting of farm-yard manure;
5. encouraging fruit and vegetable cultivation;
6. reclamation of land and conservation of soil;
7. providing credit for agricultural purposes;
8. propagating and assisting in plaint protection methods;
9. laying out demonstration plots and working out better methods of farm managements;
10. bringing more acreage under irrigation by renovating and sinking wells, repairing and digging private tanks and maintaining Government minor irrigation sources and supply channels;
11. Utilizing more power for agricultural purposes;
12. exploiting underground water sources by sinking wells, filter points and tube wells;
13. tree planting;
14. Growing of village forests.

3.   Animal Husbandry and Fisheries:

1. Upgrading local stock by introducing pedigree breeding bulls and castrating scrub bulls;
2. Introducing improved breeds of cattle, sheep, pigs and poultry;
3. Controlling contagious diseases by systematic protection;
4. Introducing improved fodders and feeds;
5. Establishing and maintaining of artificial insemination centres, first aid centres and minor veterinary dispensaries;
6. Educating the people about the importance of better cattle for both milk and draught;

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4.   Health and Rural Sanitation:

1. Expanding existing medical and health services and bringing them within the reach of people.
2. Establishing and maintaining Primary Health Centres and Maternity Centres
3. Providing protected drinking water facilities.
4. Ensuring systematic vaccination.
5. Controlling epidemics.
6. Providing drains and soakage pits for village and house drainage.
7. Encouraging the use of sanitary type of latrines and utilizing human waste
8. Popularising of smokeless chullas.
9. Supervising the work in Government Hospitals.
10. Enlisting people’s participation for the improvement of such hospitals.
11. Securing the co-operation of the people and the Panchayats during epidemics.
12. Carrying out environmental Sanitation campaigns and educating the public in (a) nutrition, (b) maternity and child health (c) communicable diseases and (d) family planning and the like.
13. Implementing health programme subject to the technical control of concerned district officers.

5.   Education:
Maintenance and expansion to Elementary and Basic Schools and in particular,-

1. Management of Government and taken over Aided Elementary and Higher Elementary Schools;
2. Establishment of Adult Education Centres and Adult Literacy Centres;
3. Provision and improvement of accommodation for schools with people’s participation;
4. Conversion of existing Elementary Schools into Basic Schools; and
5. Taking of such action as may be necessary for the promotion of education for all children until they complete the age of fourteen years.

6.   Social Education:
The creation of new outlook among the people and making them self-reliant, hard working and responsive to community action and in particular –

1. Establishment of information community and recreation centre;
2. Establishment of Youth Organization, Mahila Mandals, Farmer clubs and the like;
3. Establishment and popularization of libraries;
4. Organization of watch and ward;
5. Encouragement of physical and cultural activities;
6. Organization of voluntary sanitary squads;
7. (vii) Training and utilization of the services of Gram Sahayaks.

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7.   Communications:

1. Formation and maintenance of inter village roads:
2. Rendering such assistance as may be necessary for the formation and maintenance of village Roads which serve as feeders.

8.   Co-operation:
The securing of economic development along democratic lines by the application of co-operation in its infinitely varying forms and in particular,-

1. Establishment of Co-operative credit, industrial, Irrigation, Farming and Multipurpose Societies in order to serve the maximum number of families.
2. Encouragement of thrift and small savings;

9.   Cottage Industries:
Development of cottage, Village and Small Scale Industries in order to provide better employment opportunities and thereby raise the standard of living and in particular,-

1. The establishment and maintenance of production cum-training centres;
2. The improvement of the skills of artisans and craftsmen;
3. The popularization of improved implements; and
4. Implementation of schemes for the development of Cottage, Village and Small Scale Industries financed by the Khadi and Village Industries Commission and the All India Boards.

10.   Women Welfare:
The implementation of schemes specially designed for Welfare of women and children and in particular the establishment of Women and Child Welfare Centres, Literacy Centres, Crafts and Dress making Centres and like.

11.   Social Welfare:

1. The management of hostels subsidized by Government for the benefit of Scheduled Tribes, Scheduled Castes and Backward Classes;
2. The implementation of Rural Housing Schemes:
3. The maintenance of diseased beggars and control of vagrancy;
4. The strengthening of Voluntary Social Welfare Organizations and Co- ordinating their activities:
5. The propagation of temperance and prohibition; and
6. The removal of untouchability;

12.   Emergency Relief:
Provision of emergency relief through voluntary efforts in case of distress owing to fires, floods, epidemics and other vide spread calamities.

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13.   Collection of Statistics:
Collection and compilation of such statistics as may be found necessary either by the Mandala Parishad, the Zilla Parishad or the Government.

14.   Self-Help Programme:
Formulation and execution of suitable programmes for stepping up production and for raising the incomes and standards of living for the improvement of sanitation and for the provision of amenities for the people.

15.   Trusts:
Management of trusts for the furtherance of any purpose to which the funds of the Mandala Parishad may be applied.

(C) Powers and functions of the Zilla Parishad (Sec.192 of APPR Act 1994)

1. Every Zilla Parishad shall exercise such powers and perform such functions as may be entrusted to it by rules made in this behalf with regard to the subjects enumerated in the First Schedule. The Zilla Parishad shall also have the power to,-
   1. examine and approve the budgets of Mandal Parishads in the district;
   2. distribute the funds allotted to the district by the Central or State Government among the Mandal Parishads and Mandals in the district for which Mandal Parishad are not constituted;
   3. co-ordinate and consolidate the plans prepared in respect of the Mandals in the district and prepare plans in respect of the entire district;
   4. secure the execution of plans, projects, schemes or other works either solely relating to the individual Mandals or common to two or more Mandals in the district;
   5. supervise generally the activities of the Mandal Parishads in the district;
   6. exercise and perform such of the powers and functions of the District Board including the powers to levy any tax or fees, as may be transferred to it under this Act;
   7. exercise and perform such other powers and functions in relation to any development programme as the Government may by notification confer on or entrust to it.
   8. Advise Government on all matters relating to developmental activities and maintenance of services in the district, whether undertaken by local authorities or Government.
   9. Advise Government on the allocation of work among gram Panchayats and Mandal Parishads and co-ordination of work between the said bodies and among the various gram Panchayats themselves;
   10. Advise Government on matters concerning the implementation of any statutory or executive order specially referred by the Government to the Zilla Parishad;
   11. Collect such data as it deems necessary;
   12. Publish statistics or other information relating to the activities of the local authorities;
   13. Require any local authority to furnish information regarding its activities;
   14. Accept trusts relating exclusively to the furtherance of any purpose for which its funds may be applied;
   15. Establish, maintain or expand secondary, vocational and Industrial schools;
   16. Borrow money for carrying out the purposes of this Act with the previous approval of the Government and subject to such terms and conditions as may be prescribed.
2. The Zilla Parishad may, with the approval of the Government levy contributions from the funds of the Mandal Parishads in the district.

DR.P.K. MOHANTY,

CHIEF SECRETARY TO GOVERNMENT

Continued for Annexure-II

Contd. Page. 10.

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ANNEXURE-II

Sl.No	Subject	Department concerned.	G.O. No. & Date
1.	Agriculture, including agriculture extension	Agriculture	G.O.Ms.No.1 A&C (FP.II) dt 1.1.2008
2.	Land Improvement, implementation of land reforms, land consolidation and soil conservation	Revenue	G.O.Ms.No. 266 Revenue (Assn.I) dated 30.3.1999
3.	Minor Irrigation, water management and watershed development	PR&RD (RD) Dept.	1. G.O.Ms.No.571 PR (RD.III) Dept dt 26.12.2007
4.	Animal Husbandry, dairying and poultry	AHDD&F	G.O.Ms.No.106 AHDD&F(AH.I) dt 31.12.2007
5.	Fisheries	Fisheries	G.O.Ms.No.105 AHDD&F(Fish.II) dt 31.12.2007
6.	Social Forestry and farm forestry	EFST(For)Dept	G.O.Ms.No.50 EFST (For.III) dt 23.2.2004
7.	Khadi, village and cottage industries	Industries & Commerce Dept	G.O.Ms.No. 97 I&C(Tex.) Dept Dated 31.3.1999
8.	Drinking Water	PR&RD (RWS) Dept	G.O.Ms.No. 569 PR (RWS.I) dt 22.12.2007
9.	Fuel and fodder	EFST Dept	G.O.Ms.No.51 EFST (For.III) dt30.3.1999
10.	Roads, culverts, bridges, ferries, waterways and other means of communication	TR&B Dept	1. G.O.Ms.No. 174 TR&B (R.VII) dated 21.10.1998 2. G.O.Ms.No. 235 TR&B(R.V) dated 9.12.2003
11.	Non-conventional energy sources	Energy Dept	1. G.O.Ms.No. 80 Energy (RES) dated 4.9.1998 2. G.O.Ms.No. 81 Energy dated 9.4.1999 3. G.O.Ms.No.112 Energy dated 17.9.2003
12.	Poverty alleviation programme	PR& RD (RD) Dept.	1. G.O.Ms.No.571 PR (RD.III) Dept dt 26.12.2007 2. G.O.Ms.No.398 PR (RD.III) Dt 11.12.2003
13.	Education, including primary and secondary schools	School Education	G.O.Ms.No.2SE (Prog.I) dt 3.1.2008
14.	Technical Training and vocational education	Employment, Training & Factories Dept	G.O.Ms.No. 57 ET& F (EMP) Dept dated 11.12.2002
15.	Adult and non-formal education	Education Dept	G.O.Ms.No. 120 Edn (Prog.II) Dept dt 31.3.1999
16.	Libraries	Education Dept	G.O.Ms.No. 120 Edn (Prog.II) Dept dt 31.3.1999

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Sl.No	Subject	Department concerned.	G.O. No. & Date
17.	Cultural activities	YAT&C Dept	1. G.O.Ms.NO.26 YAT& C(CA.II) dt 30.3.1999 2. G.O.Ms.No.161 YAT& C(CA.II) dated 1.12.2003 3. G.O.Rt.No. 1593 YAT&C(Sports) dt 1.12.2003
18.	Health and Sanitation, including, hospitals, primary health centres and dispensaries	HM& FW	G.O.Ms.No. 324 HM&FW(F.I) dt 27.9.2007
19.	Women and child development	WDCW	G.O.Ms.No. 41 WD.CW&DW(JJ) Dept dt 19.11.2008
20.	Social Welfare, including welfare of the handicapped and mentally retarded	WD,CW& Disabled Welfare Dept	1. G.O.Ms.No. 26 WDCW& DW(DW) dated 17.4.1999 2. G.O.Ms.No. 2 WDCW&DW(DW) dt 20.1.2004
21.	Welfare of the weaker sections, and in particular, of Scheduled Castes and the Scheduled Tribes	Social Welfare Dept	G.O.Ms.No. 138 SW(Ser.I) Dept dt 24.12.2007
		Social Welfare Dept	G.O.Ms.No. 25 SW (OP.A1) dept dated 31.3.1999
		Backward Class Welfare Dept	G.O.Ms.No.35 BCW(B.2) Dept dt 24.12.2007
22.	Public Distribution System Food,Civil	Supplies and CA Dept	G.O.Ms.No. 77 FCS& CA (CS.I) Dept dt 6.8.1998
23.	Maintenance of Community assets	Revenue	G.O.Ms.No. 266 Revenue (Assn.I) dated 30.3.1999

DR.P.K. MOHANTY,

CHIEF SECRETARY TO GOVERNMENT

Continued for Annexure.III

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ANNEXURE- III

Activities to be reviewed in Gram sabha

Sl. No	Subject mentioned in Schedule 11 of constitution of India and APPR Act 1994	Functionary Responsible at Village Level	Activities that can be reported to Gram Sabha by village level functionary
1	2	3	4
1	Agriculture, including agricultural extension.	Agriculture Extension Officer/ Adarsha Rythus	Quantity of Seed Received, Distributed and availability of seed in APSEEDS and with private vendors
			Village Agriculture action Plan, Type and extent of Crops- Khariff, Rabi
			Details of farmers field schools organized in the village or villages nearby
			Information about HYV, innovative technologies etc., information about probable incidence of disease/pests /rodents
			Progress of Subsidy Schemes- Farm mechanization and agriculture implements,
			Survey no. wise crop damage particulars in case of any cataclysmic activity Information about Availability of Fertilizer in Fertilizer shops, Report on the Demand and Supply of Fertilizers, Pesticides, Insecticides. Information about spurious seeds
			Status of Soil Sample Collection, Pest/insect/rodent control measures taken and advises
2	Land improvement, implementation of land reforms, land consolidation and soil conservation.	MGNREGS Field Assistant	Progress of Work Sanctioned, Grounded, ongoing and Completed, Wages Paid etc., Pending Payments.
			Identification of new works
			Job Card Holders status, New Applications pending, Labour budget, wages paid wage seeker wise, No of days of employment generated
			Progress of Individual house hold latrines under Nirmal Bharat Abhiyan tied up with MGNREGS
			Recent Guidelines of the Scheme
		VRO	Status of Pattadars, Azmoish, Jamabandhi
		VRO	Extent of Land distributed to Land less poor-Eligible list of beneficiaries
		VRO	No. of House site pattas distributed and No of Eligible beneficiaries
		VRO	Status of applications for land revenue records sought, Mutations, etc.,
		VRO	No of bank loans mobilized to licensed farmers
		VRO	Crop Damage distribution particulars

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Sl. No	Subject mentioned in Schedule 11 of constitution of India and APPR Act 1994	Functionary Responsible at Village Level	Activities that can be reported to Gram Sabha by village level functionary
1	2	3	4
3	Minor irrigation, water management and watershed development.	Field Assistant/ Technical Assistant of IWMP Project	Progress of Work Sanctioned, Grounded, Completed, Wages Paid etc..
			Identification of new works
			Job Card Holders status, wages paid wageseeker wise,
			Recent Guidelines of the Scheme
			Status of minor irrigation tanks- area under ayacut, encroachments, condition of the surplus viers, bunds,
		Lashkars/watchers	Release of water through canals in areas under assured irrigation
4	Animal husbandry, dairying and poultry.	Live stock assistant/Gopala Mitra	General status of Livestock in the village
			Availability of medicines
			No of Animals/birds treated for various diseases, vaccinations done to Sheep/Goat/Poultry
			Details of AH of Services rendered and the crossbreed calves born Fodder seed distribution particulars, fodder availability status
5	Fisheries	Fisheries	Inspector No of licenses given to fishermen
			Selection of beneficiaries under fishermen development schemes- Targets-Achievements-progress of works
			Particulars of fish seed supplied to fishermen cooperative societies
			Up set price particulars for different tanks under Panchayat Control and Tanks under PWD Dept
			Functioning of Fishermen Cooperative Societies
6	Social forestry and farm forestry	Forest Beat Officer/VRO	Extent of Common Property Resources availability-common lands and their utility
			Status of functioning of VSS, works taken up by VSS and their current status
			Particulars of sites suitable for avenue plantation and survival status of saplings area leady planted
			Availability of saplings in Rural Nurseries
			Status of Recognization of Forest Rights (ROFR) lands distributed
7	Minor forest produce.	VTDA/GCC sales man	Girijan Cooperative Society (GCC) Rates of Procurement, Payment Particulars to tribals
8	Small-scale industries, including food processing industries.	Panchayat Secretary	Licenses issued by GP for establishing Small Scale industries in the Panchayat Area and their functioning

Contd. Page. 14.

:: 14 ::

Sl. No	Subject mentioned in Schedule 11 of constitution of India and APPR Act 1994	Functionary Responsible at Village Level	Activities that can be reported to Gram Sabha by village level functionary
1	2	3	4
9	Khadi, village and cottage industries	Panchayat Secretary	Number of units sanctioned, grounded and functioning -List of defunct industries
			Information about various programmes implemented by KVIB/KVIC
10	Rural housing.	Work Inspector	No of Houses sanctioned, grounded and in Progress under various schemes
			No of households eligible for distribution of house sites
11	Drinking water.	RWS Work Inspector/Nirmal Bharat Abhiyan Coordinator/ Pump Operator	Status of Drinking water sources, Quality of drinking water, no of water samples collected, tested and presentation of the report
			No of ISLs sanctioned, grounded, ongoing and completed
			List of Eligible beneficiaries
			Maintenance of OHSR, GLSRs- dates on which the OHSR cleaned
12	Fuel and fodder	VRO/IKP Staff/VO	Deepam Scheme Review
13	Roads, culverts, bridges, ferries, waterways and other means of communication.	PR Work Inspector/Work Charged Employees of R&B Dept	Status of Village Roads-Internal roads, link roads, works sanctioned, grounded, ongoing and completed
14	Rural electrification, including distribution of electricity	Electrical Linemen	No of houses electrified, no of existing agricultural connections, no of transformers erected and their functioning, status of pending applications for agriculture borewells, Power supply timings
			Particulars of availability of Current Poles, conductor wires, transformers etc., progress of civil works
15	Non-conventional energy sources	Panchayat Secretary	No of Bio Gas Plants sanctionedgrounded-completed, functioning, targets etc
			No of Smokeless chulhas sanctioned-grounded-completed, functioning, targets etc
			No. of Solar lanterns sanctioned-grounded-completed, functioning, targets etc
16	Poverty alleviation programme	Panchayat Secretary- SC/ST/BC/Min Corporation Loans	Target-Number of units sanctioned, grounded and functioning
		IKP-VO President/Village Book Keeper/Commun ity Resource Persons	Functioning of SHGs, Activities taken up by V.Os, SHG Bank Linkage-Micro Credit
			Progress of Bangaru Talli Programme
			Progress of Aam Aadmi Bima Yojana, Indira Jeevitha Bima Yojana
			Functioning of Nutrition cum Day Care Centres

Contd. Page. 15.

:: 15 ::

Sl. No	Subject mentioned in Schedule 11 of constitution of India and APPR Act 1994	Functionary Responsible at Village Level	Activities that can be reported to Gram Sabha by village level functionary
1	2	3	4
17	Education, including primary and secondary schools	HMs of Respective Schools	Enrolment particulars of children in schools
			Drop Out Particulars of Children in schools
			Report on Learning Standards of Children
			Review of results of X Class
			Status of implementation of Mid Day Meals Scheme-No of pupil enrolled-no of pupil served meals- quality of food etc.,
18	Technical training and vocational education	IKP-VO President/ Village Book Keeper/ Community Resource Persons	Functioning of vocational training centres like tailoring centres, EGMM/RYK training details
		Work Inspector- Housing	Masonry training programmes
19	Adult and non-formal education	Saakhar Bharat Coordinator	No of Centres functioning, No of Illiterate people enrolled in centres, no of neo literates, learning material distributed
20	Libraries	Panchayat Secretary	Functioning of Village level lending library, availability of books, magazine, news paper subscription particulars
21	Cultural activities.	Panchayat Secretary	No. of Artists getting pension and other welfare measures for pensioners
			No of cultural programmes conducted for creating awareness on various government programmes
22	Markets and fairs	Panchayat Secretary	Status of facilities in markets under the control of the Panchayat
23	Health and sanitation, including hospitals, primary health centres and dispensaries	ANM/MPHA	Functioning of Sub Centre
			Utilisation of NRHM Untied funds
			No. of visits made to village
			No of Health Camps conducted
			No. of Diarrhoea cases reported
24	Family welfare	ANM/ASHA Worker	No of eligible couples (EC) and no of E.Cs practicing Temporary Family Planning practices
			No of Institution Deliveries
			Immunization status
			IMR and MMR status
			No of Pregnant and Lactating Mothers and measures taken for their welfare
			Status of Implementation of Janani Suraksha Yojana
			Prevalance of HIV/AIDS if any
			Information on Chronic Deceases

Contd. Page. 16.

:: 16 ::

Sl. No	Subject mentioned in Schedule 11 of constitution of India and APPR Act 1994	Functionary Responsible at Village Level	Activities that can be reported to Gram Sabha by village level functionary
1	2	3	4
25	Women and child development	Anganwadi Worker	Review of functioning of Anganwadi Centre
			Enrolment Particulars of 0-6 children and pregnant women in Anganwadi Centre
			Feed Stocks received-Distributed and Balance
			Progress of Bangaru Talli and Amruthahastam schemes
			Particulars of malnourished children-Grade III and IV
26	Social welfare, including welfare of the handicapped and mentally retarded.	Panchayat Secretary	No. of existing Pensions (NOAP, Disabled, Widow, weavers, toddy toppers etc.,)
			No of Pensions distributed, No. of Eligible persons for Pensions
27	Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes	Panchayat Secretary	Targets, No of Beneficiaries Selected, No of Units Sanctioned, Grounded
			Incidences of atrocities against SC/ST and measures taken for prevention of such incidences
28	Public distribution system	FP Shop Dealer /VRO	Review of functioning of FP Shop
			No of existing White Ration Cards and Pink Ration Cards-Reading of Key register
			Distribution particulars of rice, sugar, kerosene etc.-Stocks received, distributed and balance- Ammahastam progress-status report
			Implementation of the Recommendations of the Village Food Advisory/Vigilance Committee
29	Maintenance of community system	Panchayat Secretary	Status of Community Halls, Community Sites, details of Usufruct (tank bed plantations, income from auctions, avenue plantations)
		VRO	Status of common property resources such as common lands
		Lashkar/PWD Watcher/ Irrigation Work Inspectors	Canal bund plantations
		VSS/VTDA	Total area protected, no. of families benefiting out of the intervention,

DR.P.K. MOHANTY,

CHIEF SECRETARY TO GOVERNMENT

// :: FORWARDED :: BY ORDER :: //


SECTION OFFICER.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

Public worship places permission changed to Grampanchayat

GOVERNMENT OF TELANGANA
ABSTRACT

PR & RD Department – The Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002 – Adaptation to the State of Telangana with amendments – Orders -issued.

- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -

PANCHAYAT RAJ AND RURAL DEVELOPMENT (Pts.II) DEPARTMENT

G.O.Ms.No.35.

Dated: 22..12.2014.

Read the following:

1. The Andhra Pradesh Reorganisation Act, 2014 (Central Act No.6 of 2014).
2. G.O.Ms.No.9, PR & RD department, dated 12.9.2014.
3. The Andhra Pradesh Gram Panchayat Land Development (Lay out and Building)Rules, 2002.

*****

ORDER

Whereas, by virtue of section 3 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act No. 6 of 2014), the State of Telangana comprising the territories specified therein has been formed on and from the appointed day i.e. of 2.6.2014; And whereas, by virtue of section 101 of the Andhra Pradesh Reorganisation Act,2014, the Andhra Pradesh Panchayat Raj Act, 1994 has been adapted to the state of Telangana in the G.O second read above.

And whereas, the Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002 issued in G.O.Ms.No.67, PR&RD (Pts.IV) Department dated.26.02.2002 are in force as on 1.6.2014;

And whereas, after careful examination, Government have decided to adapt the said Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002 which are in force as on 1.6.2014, with certain amendments, to the State of Telangana;

Now, therefore, in exercise of the powers conferred by section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act No. 6 of 2014), the Government of Telangana hereby order for adaptation of the Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002, issued in G.O.Ms.No.67, PR&RD (Pts.IV) Department dated.26.02.2002 as amended from time to time, which are in force as on 1.6.2014, to the State of Telangana with the following modifications.

In the Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002,-

1. throughout the rules, for the words “Andhra Pradesh”, occurring other wisethan in a title or citation or description etc., the word “ Telangana” shall be substituted.
2. in Rule 26 of the said Rules, for the Para substituted in G.O.Ms.No.376, PR&RD (Pts.Iv) Department, dated.29.11.2012, the following shall be substituted, namely:-

“The Gram Panchayat while according permissions for construction of a building intended for public worship or religious purposes shall do so subject to the following conditions;-

1. Places of worship for religious purposes shall be given subject to the condition that at least 100 meters distance is maintained in the vicinity of any other such existing place of public worship;
2. Land ownership shall have a clear title and be undisputed ;
3. Statutory norms regarding the noise may be adhered to.”

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

J. RAYMOND PETER

PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner, PR & RE, Hyderabad.
All the District Collectors in the State.
All the Chief Executive Officers.
All the District Panchayat Officers .
All Departments in the Secretariat.
Copy to:
The PS to Addl. Secretary to C.M
The P.S to Min (PR&IT)
Sc/sf.

//FORWARDED:: BY ORDER//

SECTION OFFICER

Lodging money and Assessment of house tax rules

RULES RELATING TO CERTAIN TAXES AND LODGING OF MONEYS RECEIVED BY THE GRAM PANCHAYATS AND PAYMENT OF MONEY FROM THE GRAM PANCHAYAT FUND
(G.O.Ms.No.30, Panchayat Raj Rural Development and Relief, Dt. 20-1-1995)

As amended by:

1. G.O.Ms. No.113, P.R. & R.D. (Pts-III) Dt. 22.03.1996.
2. G.O.Ms.N0. 98, P.R & R.D. (Pts.III) Dept., Dt. 14-03-2002.
3. G.O.Ms.N0. 382, P.R & R.D. (Pts.I) Dept., Dt. 14-12-2012.
4. 4. G.O.Ms.N0. 431, P.R & R.D. (Pts.III) Dept., Dt. 30-10-2013.

In exercise of the powers conferred by sub-section (l) and clause (xxvii) of sub-section (2) of Section 268 of the Andhra Pradesh Panchayat Raj Act (Act No. 13 of1994) the Governor of Andhra Pradesh hereby makes the following rules relating to certain taxes and the lodging of moneys received by the Grampanchayats and payment of moneys from Gram Panchayat Fund.

RULES: PART -1 A GENERAL
RULES RELATING TO TAXES OTHER THAN THOSE SPECIFIED IN SECTION 71

1.

1. The executive authority shall, save as otherwise provided in these rules, determine the tax to which each person or property is liable:

Provided that in the case of taxes payable by the executive authority, the assessment shall be made by the gram panchayat.

2.   As soon as may be after the tax payable by a person is determined for the first time under this Act, such a person shall be served with a notice in the prescribed manner and thereupon he shall be liable to pay the tax year after year on or before the prescribed date without any fresh notice there for.

1. If, at any time, it appears to the gram panchayat that any person or property has been inadequately assessed or inadvertently or improperly omitted from the assessment book relating to any tax or that there is any clerical or arithmetical error in the said books, it may direct the executive authority to amend the said books' in such manner is it deems just or necessary:

   Provided that no such direction shall be given, where it involves an increase in the assessment, unless the person concerned has been afforded a reasonable opportunity to show cause to the gram panchayat why the assessment books should not be amended as proposed.

2. Such amendment shall be deemed to have taken effect on the earliest date, either in the current year or in the two years immediately preceding it, on which the circumstances justifying the amendment existed.

3.

1. The executive authority shall give to every person making payment of a tax a receipt thereof signed by him or by some person duly authorized by him in that behalf.
2. Such receipt shall specify -
   1. the date of the grant thereof;
   2. the name of the person to whom it is granted;
   3. the tax in respect of which the payment has been made;
   4. the period for which payment has been made; and
   5. the amount paid.

Contd.Page.No.2

Page.No.2.

B - ASSESSMENT OF THE HOUSE TAX

4.    When the gram panchayat has resolved to assess houses for the purpose of house-tax either on their annual or their capital value, the rates fixed by the gram panchayats may either be proportionate to the value of each house, or may advance in systematic progression with the value of the house; but shall in no case decrease as the value of the house increases.

5.

1. When a proportionate rate has been adopted by the gram panchayat, it may group the houses in the village into classes to simplify the calculation and the collection of the tax.
2. When a progressive rate has been adopted by the gram panchayat, it shall
   1. prescribe principles of classification (as that a certain sum, which shall be tax-free shall be deducted from the assessment of each house, or that the progression shall be from a certain percentage in the lowest to a certain percentage in the highest class), and
   2. settle the precise number and limits of each class.
3. The gram panchayat shall not in either case so arrange the classes as to affect substantially the principle of taxation whether proportionate or progressive, and the number of classes shall in no case be less than six.

6.

1. The Village Administrative Officer having jurisdiction over any area comprised in the village, shall on the requisition of the executive authority prepare and furnish to him a list of all houses within such area and shall enter in the list the names of owners and occupiers of such houses,
2. The Village Administrative Officer shall be entitled for the preparation of such list to receive such remuneration, if any, as the gram panchayat may, subject to the sanction of the District Collector, fix.

7.   The executive authority shall, on the receipt of the list mentioned in rule 6, cause assessment books to be prepared, such assessment books shall show in distinct columns the name of the owner and of the occupier of each house, the class, if any, under which such house is taxed, the amount of the tax due and the date on which the tax is payable.

8.   As soon as the assessment books are prepared, the executive authority shall, by beat of drum in the village, give public notice thereof and of the place or places where the books may be inspected together with an intimation that any petition objecting to the entries in the assessment books will be considered by the executive authority if it reaches within fifteen days from the date of such public notice. The executive authority shall dispose of any objection petition so received within a period of thirty days from the date of receipt of such petition.

9.

1. The executive authority may amend the assessment books at any time between one general revision and another by inserting any house therein or removing any house there from or by altering the valuation or classification of any house, or the amount of tax. payable in respect thereof or, subject to any other rules which the Government may make in this behalf, by substituting therein for the name of the owner of any house, the name of any other person who has succeeded by transfer or otherwise to the ownership of the house:
2. Such amendment shall be deemed to have taken effect on the first day of the year in which it is made:

Provided that when the amendment is made in any year after the expiration of the date on which payment of the tax is due, it shall have effect only from the succeeding year, except where the amendment gives effect to the fixation of the fair rent under the law relating to the control of lease and rent of building for the time being in force:

Provided further that, where the amendment is rendered necessary by reason of the fixation of the fair rent of a house under the law aforesaid, the amendment shall have effect as from the date on which the fair rent was so fixed:

Provided also that the decision of the executive authority in disputed case of transfer of ownership of a house shall not give the transferee a legal title to the house.

3. In every case in which, between one general revision and another, the executive authority assesses any house for the first time or increases the assessment on any house otherwise than in consequence of a general enhancement of the rate at which the house tax is leviable, the executive authority shall intimate by a special notice to the owner or occupier Of such house that a petition for revising the assessment will be considered, if it reaches the gram panchayat office within sixty days from the date of service of such notice in the case of the State or Central Government or a company, and within thirty days from the date of service of such notice in other cases.
4. ²[Omitted].

Contd.Page.No.3

Page.No.3.

10.   Any person, many, at any time, not being less than thirty days or more than sixty days before the end of year, move the executive authority by revision petition to reduce the tax to which he is liable for the forthcoming year on the ground that the annual or capital value, as the case may be, of the house in respect of which tax is imposed, has decreased since the assessment of the house was last made or revised.

11.    Immediately after the disposal of a revision petition under sub-rule (3) of rule 9 or under rule 10, the executive authority shall inform the petitioner or his authorized agent either orally or in writing of the orders passed thereon, and shall direct him to pay the amount fixed on revision within fifteen days after the date of receipt of such intimation or, if the amount is not yet due, within fifteen days from the date of which it becomes due, and shall, if necessary, cause the assessment books to be corrected.

12.

1. The executive authority shall not be bound to cause new lists or assessment books to be prepared every year, but may adopt those of the preceding year with such amendments as have been made or may be made for the preceding year :

   ²["Provided that a general revision of assessment books shall be made before commencement of every financial year. The House Tax shall be revised every year by a uniform hike of 5% on the existing house tax of the preceding years fixing the year 2000-2001 as the base year. In such of those villages where the last revision of house tax was conducted before 2000-2001 an yearly hike of 5% would be added and 2000-2001 base rate shall be worked out"] substitute by

   ^$[“Provided that a general revision of assessment books shall be made once in every five years]

   Provided further that the Government may, by notification in the Andhra Pradesh Gazette, advance or postpone the date of general revision of assessment books or fix intervals at which such revision shall be made.

2. ²[Omitted.] $[Public notice of such amendments and general assessment shall be given in the manner provided in Rul.8]
3. ^*The general assessment shall be deemed to have taken effect on the first day of the year ^$[in which such notice is given]

13.   The executive authority shall, subject to the provisions of rule 9, maintain the assessment books relating to the house-tax in accordance with ²[an yearly hike of 5% on the existing House Tax.]substituted by G.O.3rd

13.

1. “Notwithstanding anything in these rules, the Commissioner may notify a Gram Panchayat for the appointment of a revision Officer to conduct general revision of assessment books. The revision officer who may be appointed for a specific period shall exercise the powers, discharge the duties and perform the functions of the executive authority under these rules in so far as such powers, duties and functions relate to the revision of assessment books, under rule 12 on the issue of such a notification, for the term “executive authority” wherever it occurs in these rules in so far as they relate to such revision and publication of notices, the term “revision officer” shall be deemed to have been substituted.
2. 1. The Commissioner shall appoint a revision officer for a Gram Panchayat so notified and direct the executive authority to make available such staff from the Gram Panchayat as he may deem necessary to enable such officer to carry out his duties.
   2. The Commissioner shall recover from the Gram Panchayat concerned the whole or such proportion of the salary and allowances paid to the revision officer and such contribution towards the leave allowances and provident fund of that officer as the Commissioner may, by General or special order, determine.
   3. The executive authority shall, subject to the provisions of rule 9 maintain the assessment books relating to the house tax in accordance with the revision made by the revision officer.
   4. The executive authority shall, when so requested by the revision officer, make available to the revision officer such staff as may be necessary for the exercise of the powers, discharge of the duties and performance of the functions by the revision Officer.
3. The Government shall regulate the classification, Methods of recruitment conditions of service, salary and allowances and discipline and conduct of the revision Officer appointed under sub – rule (2).”

Contd.Page.No.4

Page.No.4.

C-TAX ON VEHICLES#

14.

1. (1) The Executive authority shall send to every person, supposed to have become liable to the payment of vehicle tax, a printed table to be filled up with such information respecting the vehicles kept or used by him as the executive authority considers necessary for the assessment of the tax.
2. (2) Such table shall be filled up with such information, in writing, and signed and dated and returned within one week of its receipt to the gram panchayat office by the person to whom it has been sent.
3. (3) On the expiry of the period of one week referred to in sub-rule (2), the executive authority shall cause a notice to be served on such person requiring him to pay within thirty days of such service the sum for which in the opinion of the executive authority such person in liable on account of the vehicle tax.

15.   When any person pays the amount of tax due in respect of any vehicle, the executive authority shall grant him a license to keep or use such vehicle for the period to which the payment relates.

16.   A grampanchayat number shall be affixed to every vehicle for which a license is granted under rule 15 and such number shall be registered in the gram panchayat office

Provided that no gram panchayat number shall be required in the case of a vehicle to which number must be affixed under the provisions of any special law.

17.   If a Gram Panchayat number or a number under the provisions of any special law is not affixed to a vehicle as required by rule 16, the executive authority may, at any time, seize and detain the vehicle:

Provided that no vehicle other than a bicycle, tricycle, or rickshaw shall be seized or detained when actually employed in the conveyance of any passenger or goods.

18.

1. If the vehicle seized is not claimed and the tax due thereon is not paid within ten days from the date of seizure, the executive authority may direct that the vehicle shall be sold in public auction and the proceeds of sale applied to the payment of –
   1. the tax, if any, due on the vehicle sold;
   2. such penalty not exceeding the amount of the tax as the executive authority may direct; and
   3. a sum of fifty nays paise on account of charges incurred in connection with the seizure, detention and sale.

   The balance of the proceeds of the sale shall be paid to the owner of the vehicle.

2. If the owner of the vehicle or other person entitled thereto claims the same within ten days from the date of seizure or at any time before the sale, it shall be returned to him on payment of -
   1. the tax due thereon;
   2. such penalty not exceeding the amount of the tax as the executive authority may direct; and
   3. a sum of twenty-five naye paise on account of charges incurred in connection with the seizure and detention.

D – APPEALS

19.   An appeal shall lie to the Gram Panchayat in respect of the assessment and imposition of the following taxes:-

1. The assessment and imposition of house tax under ²[Rule 7]^$[and 12] and the orders of the executive authority under rule 11 upon a revision petition;
2. The imposition by the executive authority of a tax on any vehicle; and
3. The assessment of a tax on agricultural land, the levy of which has been sanctioned by the Commissioner under this Act.

________________________________________________________________________________________

* The words "in which such notice is given" occurring in sub-rule (3) are omitted by the second amending G.O. # Rules relating to Vehicle Tax issued under Section 60 and 70 in G. O. Ms. No. 703, P.R & R.D (Pts.III) Dept., Dt. 1-11-1995 were repealed by G.O.Ms.N0. 374, PR & RD (Rules) Dept, Dt. 15-12-2001. Therefore, Part-C of these rules is no more relevant @the words” The above said sub-rules (1), (2) and (3) shall be applicable only to the new constructions and the extensions of the old constructions.” under sub-rule 4 of rule 9 were deleted by 3rd G.O.^$[added by 2nd G.O.]

Contd.Page.No.5

Page.No.5.

20.   No appeal to a gram panchayat shall be heard -

1. unless it reaches the office of the grampanchayat before the date fixed for the payment of tax complained of; and
2. unless, except when the executive authority otherwise directs on the grounds of poverty, the tax in respect of which the appeal is preferred has been paid or deposited at the office grampanchayat before the date referred to in clause (i)

   Provided that the grampanchayat may admit an appeal within fifteen days after the date referred to in clause (i), if cause is shown to its satisfaction for not preferring before the date.

3. ²[No appeal lies to the Gram Panchayat where House Tax is revised every year by an yearly hike of 5% on the existing House Tax.]^$[ deleted]

21.   The gram panchayat may, of its own motion or otherwise, cancel or modify any order passed by the executive authority reducing or remitting a tax.

22.   The assessment books shall be corrected in accordance with any orders passed by the gram panchayat on appeal; in the event of the amount of any tax being reduced or remitted by the gram panchayat, the executive authority shall grant a refund accordingly.

23.    The assessment of any tax when no appeal is made as herein before provided, and when such an appeal is made, the adjudication of the gram panchayat thereon, shall, subject to the revisionary powers of Government, be final:

Provided that where any assessment is not in accordance with the assessment books, nothing in this rule shall be deemed to prohibit a fresh assessment or demand of the tax being made in accordance therewith.

24.

1. The powersofthcgrampanchayatunderrule2, period in respect of which the Commissioner may, by notification, so direct, be exercised by a special officer appointed by him. And thereupon the gram panchayat shall cease to exercise the said powers during the said period and rules 2 and 19 to 23 shall have effect as if for the words 'gram panchayat' wherever they occur in those rules, and for the expression 'executive authority' in rule 20, the words 'special officer appointed by the Commissioner in this behalf,' were substituted.
2. A Special Officer appointed under sub-rule (l) shall have all such powers of the gram panchayat and of the executive authority as are necessary for the purpose of exercising his powers under the said sub-rule and he shall be entitled to the same protection as the gram panchayat or the executive authority, as the case may be, is entitled.
3. The special officer shall be paid out of the gram panchayat fund such salary and allowance as the Commissioner may fix. If a Government servant is appointed as a special officer, the gram panchayat shall also make such contribution towards the pension and leave allowances of that servant as may be required by the conditions of his service under the Government to be made by him or on his behalf.

Contd.Page.No.6

Page.No.6.

E - COLLECTION OF TAXES

25.

1. When a house-tax is due from any person, the executive authority of the gram panchayat shall serve upon such person a bill for the sum due before he proceeds to enforce the provisions of rule 26.
2. A notice under rule 14 and a bill under sub-rule (l) shall be signed by the executive authority or some person duly authorised by him in that behalf and shall contain —
   1. a statement of the period and description, of the occupation, property or thing which the tax is charged; and
   2. a notice of the liability incurred in default of payment.
3. Where a notice referred to in rule 14 or abill referred to in served or given either in the year in which the tax became due or in the succeeding year, the tax for the year first mentioned in this sub-rule shall not be recovered in the manner laid down in these rules:

   Provided that where the assessment books have been amended under rule 2, the bill may be served either in the year in which the amendment was made or in the succeeding year.

4. Nothing in this rule or in rule 26 shall preclude the gram panchayat from suing in a naye panchayat or civil court for the tax due to it.

26.

1. If the amount of the tax demanded is not paid within fifteen days from the service of the bill or the giving of the direction referred to in rule 11 or notice under rule 14 and if the person from whom the tax is due has not shown cause to the satisfaction of the executive authority why it should not be paid, the executive authority may recover by distraint under his warrant and sale of the movable property of the defaulter, the amount due on account of the tax together with the warrant fee and the distraint fee and with such further sum as will satisfy the probable charges that will be incurred in connection with the detention and sale of the property so distrained:

   Provided always that the movable property described in the proviso to section 60 of the Code of Civil Procedure, 1908, shall not be liable to distraint.

2. If for any reason the distraint or a sufficient distraint of the defaulter's property is impracticable the executive authority may prosecute the defaulter.
3. The warrant under sub-rule (I) shall be in the form contained in Appendix—A to these rules or in some similar form, and for each such warrant a fee of 25 naye paise shall be levied.
4. Under a special order in writing of the executive authority, any officer charged with the execution of a warrant of distress may, between sunrise and sunset, break open any outer or inner door or window of any building in order to make the distress, if he has reasonable grounds for believing that such building contains property which is liable to seizure, and if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance:

Provided that such officer shall not enter or break open the door of any apartment appropriated to women, until he has given three hours notice of his intention and has given such women an opportunity to withdraw.

27.

1. The officer charged with the execution of warrant shall, before making the distraint, demand payment of the tax due and the warrant fee. If the tax and fee are paid, no distraint shall be made, but if the tax or fee is not paid, the officer shall —
   1. seize such movable property of the defaulter as he may think necessary;
   2. make an inventory of the property seized; and
   3. give to the person in possession of the property seized, at the time of seizure, a copy of the inventory and the notice of sale in the form contained in Appendix—B to these rules or in some similar form:

   Provided that a period of seven days shall be allowed for paying the amounts due and redeeming the property seized.

2. The distress shall not be excessive, that is to say, (he property distrained as nearly as equal in value to the tax due by the defaulter together with all expenses incidental to the warrant. distraint. detention and sale.

Contd.Page.No.7

Page.No.7.

28.

1. If the amount due by the defaulter on account of the tax, the warrant distraint fee and the expenses incidental to the detention of the property, are not paid within of seven days mentioned in the notice given under rule 27 and if the distraint warrant is susF0ded by the executive authority. the property seized or a sufficient portion shall be sold by public auction under the orders of the executive authority who shall apply the proceeds of the sale to the payment of the amount due on account of the tax, the warrant fee and the distraint fee and the expenses incidental to the detonation and sale of the property, return to the person In whose possession the property was at the time of seizure, any property or sum which may remain after the sale and application of the proceeds thereof as aforesaid. If the proceeds of the sale are insufficient for the payment of the amount due on account of the tax, the warrant fee and distraint fee and the expenses incidental to the detention and sale of the property, the executive authority may again proceed under rule 26 in respect of the sum remaining unpaid.
2. When the property seized is subject to speedy and natural decay, the executive authority may sell it at any time before the expiry of the said period of seven days, unless the amount due is sooner paid.
3. The executive authority shall consider to the distraint of any property which is made within the said period of seven days and may postpone the sale pending investigation thereof. If the executive authority decides that the property attached was not liable to distraint, he shall return it, or, if it has already been sold, the proceeds of the sale to the person appearing to be entitled thereto and may again proceed under rule 26 and all fees and expenses connected with the first distraint and sale shall be recoverable from the defaulter, if it appears to the executive authority that he wilfully permitted the distraint of the property when to his knowledge it was not liable to distraint.

29.

1. Distraint fee shall be payable at such rates not exceeding those mentioned in Appendix—C to these rules as may be determined by the gram panchayat.
2. such fees shall not be held to include the expenses incidental to the detention of any property distrained.

30.   The property of a person in default under sub-rule (1) of rule 26 may be distrained wherever it may be found within the area of the gram panchayat.

31.   If the tax due on account of any house remains unpaid in whole or in part at the end of the period specified in sub-rule (1) of rule 26 the executive authority may, if the said tax has remained unpaid for more than twelve months, require the occupier for the time being of such building to pay the amount within a specified period, not being less than fifteen days, and if the occupier fails to comply with such requisition, the executive authority may distrain and may sell any movable property found on the building, and the provisions of the foregoing rules, shall, mutatis mutandis apply to all distraints and sales effected under this rule, provided that no Occupier shall be liable to prosecution or to a civil suit in respect of any sum recoverable from him under this rule unless he has wilfully prevented distraint or a sufficient distraint.

32.   If any tax due from any person remains unpaid in whole or in part at the end of the period Specified in sub-rule (1) of rule 26 and if such person has left India or cannot be found, the said tax Or such part thereof as remains unpaid together with all sums payable in connection therewith shall be recoverable as if it were an arrear of land revenue.

33.

1. Every person who is prosecuted under sub-rule (2) of rule 26 shall be liable, on Proof to the satisfaction Of the court that be wilfully omitted to pay the amount due by him or that he Wilfully prevented distraint, or a sufficient distraint, to pay a fine not exceeding twice the amount which may be due by him on account of—
   1. the tax and the warrant fee, if any, and
   2. if distraint has taken place the distraint fee and the expenses incidental to the detention and sale, if any, of the property distrained.
2. Whenever any person is convicted of an offense under sub-rule (l) the court shall, addition to any fine which may be imposed, recover summarily and pay over to the grampanchayat the amounts, if any, due under the heads specified in clauses (a) and (b) of sub-rule (1) and may in his discretion, also recover summarily and pay the gram panchayat such amount if any, as he may fix as the costs of the prosecution.

34.   Neither the executive authority nor any officer or servant of the gram panchayat shall directly or indirectly purchase any property at any sale of distrained property held under the foregoing rules.

35.   The District Panchayat Officer, the Divisional Panchayat Officer and the Extension Officer (Panchayats) having jurisdiction, shall also exercise the powers of the executive authority referred to in these rules in so far as they relate to the collection of taxes.

36.   In the case of a gram panchayat for which no executive officer is appointed, any notice or bill required to be served under these rules, on any person who, for the time being is acting as Sarpanch, such notice or bill shall be served on him, by an Inspecting Officer or the District Collector.

Contd.Page.No.8

Page.No.8.

PART - 11
LODGING OF MONEYS RECEIVED BY THE GRAM PANCHAYAT AND
PAYMENTS OF MONEYS FROM THE GRAM PANCHAYAT FUND

^*37. All moneys received by the gram panchayat shall be lodged in the nearest Government treasury.

38.

1. A Gram Panchayat may invest sums not required for immediate use, in fixed deposits for a period up to three years in the State Co-operative Bank and District Central Cooperative Banks approved by the Registrar of Cooperative Societies for the purpose or in any other manner prescribed.
2. A Gram Panchayat may invest any surplus in the earmarked funds either in Government securities or In the debentures of the Co-operative Central Land Mortgage Bank or in any other manner prescribed.

39.   A gram panchayat may, with the sanction of the Commissioner and subject to such conditions as to security or otherwise as he may lay down, leave its money in the custody of its executive authority:

Provided that no such sanction shall be necessary for leaving in tile custody Of the executive authority, a permanent advance not exceeding such sum as may be fixed by the Commissioner by a general or special order.

40.   All orders or cheques against the grampanchayat fund shall be signed by the ¹[Sarpanch of the Gram Panchayat].

41.   The drawing of moneys the 3[Sarpanch shall be subject to the control of and the conditions laid down by the District Panchayat Officer concerned.

42.

1. The District Panchayat Officer concerned may, for sufficient reasons to be recorded in writing, prohibit by an order any ³[Sarpanch] from drawing the moneys of the gram panchayat for such period as may be specified in such order.

   Provided that no such order shall be passed unless opportunity of making representation as been given to the ³[Sarpanch] concerned;

   provided further that the District Panchayat Officer may issue an interim direction to the 31Sarpanch] not to draw the moneys of the gram panchayat pending the exercise of his powers under this sub-rule.

2. Any 3[Sarpanch] aggrieved by an order passed by the District Panchayat Officer concerned under sub-rule ( 1 ) may prefer an appeal in writing to the District Collector concerned within seven days of the receipt of the order and the decision of the District Collector thereon shall be final.
3. Every order passed under sub-rule (l) shall specify the name of the person or the authority who shall draw the moneys of the gram panchayat during the period during which the 3(Sarpanch] is prohibited from drawing such moneys.
4. A copy of every order passed under sub-rule (1) or sub-rule (2) shall be communicated to all banks and treasuries in which the moneys of the gram panchayat are lodged.
5. On and from the date of receipt of such order by any bank or treasury, no payment shall, for the period specified in such order, be made to the 3[Sarpanch] who is prohibited by such order from drawing the moneys of the gram panchayat.

43.   The treasury or bank in which the gram panchayat fund is lodged, shall, so far as funds to the credit of the gram panchayat admit, pay all orders or cheques against the fund, which are signed as required by rule 40 and sub-rule (3) of rule 42.

44.   If the gram panchayat shall have given previous authority in writing, such treasury, bank or executive authority may at once pay out of the funds of the gram panchayat without such order or cheque, any expenses which the Government have incurred on behalf of the gram panchayat.

Contd.Page.No.9

Page.No.9.

APPENDIX - A
(Rule 26(3))
Distraint Warrant

Warrant No.

To,______________________________________
(Name of officer charged with execution of warrant)
(Specify tax or taxes due and premises, if any in respect of which the tax is or taxes are due)

Whereas .............................of.................................. has not paid or shown sufficient cause for the non-payment of the sum of Rs............... P......... due for the tax or taxes noted above for the........ending 19..... although the said sum has been duly demanded from the said .....................and fifteen days have elapsed since such demand was made; This is to command you to demand the said sum of Rs .....................failing the payment of which you are to distrain the goods and chattels of the said (or as the case may be, any goods and chattels found on for warrant fee and the premises referred to), to the amount of the said sum of Rs. ..................P..... .together with Paise........ distraint fee, making together a sum of Rs............... P. .....and such further sum as may be sufficient to defray the charges of keeping and selling such distraint; and if within seven days next after such distraint, the amount due on account of the said tax or taxes and fees shall not be paid, together with such further sum as may be sufficient to defray the charges of keeping such distraint, to sell the said goods and chattels under orders to be hereafter issued by me, and to remit to the office of the gram panchayat the sale proceeds of the distrained property, out of which the amount due on account of the said tax or taxes and fees, namely, Rs............. P..... and the charges of keeping and selling such distraint will be deducted and credited to the ...................... fund, and the surplus, if any, returned to the owner of the goods and chattels, distrained. If distraint or sufficient distraint cannot be found of the goods and chattels of the said.................... you are to certify the same to me together with this warrant.

Station:
Date

(Signature of the Executive Authority)

________________________________________________________________________________________

*[Rules 41 and 42 amended by G.O.Ms.No. 444, PR & RD (Pts-III) Dt.29.12.2005]
$[amended as per G.O.Ms.No.382. P.R.&R.D (Pts.I) dated 14.12.2012]
1[amended by G.O.Ms.No.431.PR&RD (Pts.III) dep. Dated.30.10.2013

Contd.Page.No.10

Page.No.10.

APENDIX – B
Form of inventory and Notice of Sale.
(Rule 27(i))

(State particulars of goods and chattels seized).

Take notice that I have this day seized the goods and chattels specified in the above inventory for the sum of Rs................. P....... due for the tax or taxes mentioned in the margin for the........... ending.........19.......and that unless you pay into the office of the gram panchayat the amount due together warrant fee, the distraint fee and the cost of keeping the goods and chattels, within seven days from the date of this notice, the goods and chattels will be sold on the ...........day of 19.....,at the grampanchayat office or at such other place the executive authority may direct, and that the goods and chattels may be sold at any previous date, if they are liable to speedy and natural decay.

Station:

Signature of the Officer

Date:

(executing the warrant of distress.)

APPENDIX - C
Table of maximum fees payable on distraints
(Rule 29(i))

Sums distrained for —	Rs. P.
under rupee 1	0.25
1 rupee and over under 5 rupees	0.50
5 rupees and over but under 10 rupees	1.00
10 rupees and over but under 15 rupees	1.50
15 rupees and over but under 20 rupees	2.00
20 rupees and over but under 25 rupees	2.50
25 rupees and over but under 30 rupees	3.00
30 rupees and over but under 35 rupees	3.50
35 rupees and over but under 40 rupees	4.00
40 rupees and over but under 45 rupees	4.50
45 rupees and over but under 50 rupees	5.00
50 rupees and over but under 60 rupees	6.00
60 rupees and over but under 80 rupees	7.50
80 rupees and over but under 100 rupees	9.00
100 rupees and over	10.00

____________________________________________________________________________________

Note:-The above charge includes all expenses, except when peons are kept in charge of property distrained, in which case 25 p, shall bepaid daily for each peon.

Read G.O.Ms.No.382, click page.11

Page.No.11.

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Panchayats - Rules relating to Certain Taxes and the lodging of moneys received by the Gram Panchayat and payment of moneys from the Gram Panchayat Fund – Amendments – Orders – Issued.

-----------------------------------------------------------------------------------------------------------
PANCHAYAT RAJ AND RURAL DEVELOPMENT (PTS.I) DEPARTMENT

G.O.Ms.No. 382

Dated:14-12-2012.

Read the following:-

1. G.O.Ms.No.30, P.R.&R.D. (Pts.III) Deptt., Dt:20-01-1995.
2. G.O.Ms.No.98, P.R.&R.D. (Pts.III) Deptt., Dt:14-03-2002.
3. From the Commissioner, PR&RE, Hyderabad, Lr.No.10489/CPR&RE/D1/ 2010, Dt:18-04-2011.
4. From the Commissioner, PR&RE, Hyderabad, Lr.No.5299/CPR&RE/D4/ 2010, Dt:16-07-2012.

-:oOo:-

ORDER:

The following Notification will be published in an Extraordinary Issue of the Andhra Pradesh Gazette:-

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

In exercise of the powers conferred by sub-section (1) and clause (xxvii) of sub-section (2) of section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Andhra Pradesh Act. No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following amendments to the rules relating to certain taxes and the lodging of moneys received by the Gram Panchayat and payment of moneys from the Gram Panchayat Fund issued in GO.Ms.No.30, Panchayat Raj, Rural Development and Relief (Pts.III) Department, dated 20th January, 1995 and as subsequently amended in GO.Ms.No.98. PR&RD (Pts III), dated. 14th March 2002.

AMENDMENTS

In the said rules:
1. Sub rule (4) of rule 9 shall be omitted.

2. In rule 12,

1. in sub rule (1), for the first proviso the following shall be substituted namely “Provided that a general revision of assessment books shall be made once in every five years.”
2. sub rule (2) shall be added as follows:
   “public notice of such amendments and general assessment shall be given in the manner provided in Rule 8”.
3. In sub rule (3), the following words shall be added at the end namely “in which such notice is given”.

Contd.Page.No.12

Page.No.12.

3. For Rule 13, the following shall be substituted namely:-

1. "Notwithstanding anything in these rules, the Commissioner may notify a Gram Panchayat for the appointment of a revision Officer to conduct general revision of assessment books. The revision officer who may be appointed for a specific period shall exercise the powers, discharge the duties and perform the functions of the executive authority under these rules in so far as such powers, duties and functions relate to the revision of assessment books, under rule 12 on the issue of such a notification, for the term executive authority wherever it occurs in these rules in so far as they relate to such revision and publication of notices, the term revision officer shall be deemed to have been substituted."
2. 1. The Commissioner shall appoint a revision officer for a Gram Panchayat so notified and direct the executive authority to make available such staff from the Gram Panchayat as he may deem necessary to enable such officer to carry out his duties.
   2. The Commissioner shall recover from the Gram Panchayat concerned the whole or such proportion of the salary and allowances paid to the revision officer and such contribution towards the leave allowances and provident fund of that officer as the Commissioner may, by General or special order, determine.
   3. The executive authority shall, subject to the provisions of rule 9 maintain the assessment books relating to the house tax in accordance with the revision made by the revision officer.
   4. The executive authority shall, when so requested by the revision officer, make available to the revision officer such staff as may be necessary for the exercise of the powers, discharge of the duties and performance of the functions by the revision Officer.
3. The Government shall regulate the classification, Methods of recruitment conditions of service, salary and allowances and discipline and conduct of the revision Officer appointed under sub–rule (2)

4.In rule 19, under clause (a), for the expression “Rule 7”, the expression “Rules 7 and 12” shall be substituted.

5. In Rule 20 the clause (iii) shall be omitted.

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

R.SUBRAHMANYAM

PRINCIPAL SECRETARY TO GOVERNMENT(PR ) (FAC)

To
The Commissioner of Printing, Stores & Purchase, Hyderabad.
He is requested to publish the notification in extra-ordinary issue of the
A.P. Gazette and furnish 1000 copies to Govt. in PR&RD (Pts.I) Deptt.
The Commissioner, Panchayat Raj and Rural Employment, A.P., Hyderabad.
All the District Collectors in the State.
All the Chief Executive Officers, Zilla Parishads in the State.
All the District Panchayat Officers in the State.
Copy to:
The Finance Department.
The Law (A) Department.
The P.S. to C.S.
The P.S. to Prl.Secy. to CM.
The P.S. to Hon`ble Minister (PR&RWS).
The P.S. to Prl.Secy. (PR).

// FORWARDED:: BY ORDER //

SECTION OFFICER

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