Survey and Boundaries Act DESCRIPTION: Patta Sub Divisions Sub Divisions in Poramboke field/LA. cases Survey in Telangana Region Procedure for Demarcation of Private Land
It is necessary to maintain the (a) Survey marks on ground (b) Field measurement book (c) Village plan and (d) Settlement Register (Diglot/Settlement Fair Adangal) upto date by effecting changes that occur day to day on account of sale, gift, partition, succession, acquisition, alienation, assignment, relinquishment, change of classification, etc., of land, for the following purposes.
To protect the Government lands from encroachments.
To settle boundary disputes between private lands;
To correctly assess Land Revenue and other taxes for each holding, and
To enable the ryots to establish their right over their holding in a court of law.
U/s. 15 of the S &s B Act (Vlil of 1923) every registered holder (owner) of land is bound to maintain, renew and repair all survey stones on the boundaries of his holdings. It shall be the duty of every Village Assistant to ensure that the Survey stones are not tampered with and when he notice and missing survey stones during his cycle of Inspections, he should report the particulars to the Mandal Surveyor through the Mandal Revenue Inspector together with draft notices u/s 15 (2) which are to be signed either by the Mandal Revenue Inspector or Mandal Surveyor and served on the ryots concerned. The Mandal Surveyor during his visits should renew the missing stones in cases in which 15 days time expired after service of notices issued u/s. 15 (2) and the maintenance charges shall be recovered from the ryots concerned as per rules.
The procedure to be followed in respect patta sub divisions and sub divisions in poramboke fields/L.A. cases is follows:-
Patta Sub Divisions
Initial measurement is done by the the Villiage Secretary.
No formalities under S & B Act need to be observed.
Additional durable demarcation is not involved.
A single set of statement and sketch are to be prepared.
The file is sent for final scrutiny to the Inspector of Survey after incorporating changes in the village accounts.
D-Sketch is not corrected in the village.
Only one certificate under B.S.O 34 A-Para 13 (b) is to be appended.
Contd.Page. 2.
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Sub Divisions in Poramboke field/LA. cases
Initital measurement done by the Mandal Revenue Inspector or by Mandal Surveyor or by special staff.
Formalities under the S & B act are to be observed.
Additional durable demarcation is involved.
They are to be prepared in triplicate.
The file is sent for prescrutiny before incorporation of the changes in village accounts and for final scrutiny after incorporating changes in village accounts.
D-Sketch has to be corrected.
In addition to the certificate prescribed under B.S.O 34-A. para 13 (b)., the following certificate is also to be appended. "Certified that the Sub divisions are measured by me on ground and also durably demarcated.
In cases of patta sub divisions, the Mandal Surveyor has to incorporate changes in the village accounts viz. (a) V. A. Nos. 2; 3 and 10 (]); (b) F.M.B.. (c) Diglot, (d) Col No. (2) of 'A'and 'B' stone registers. The changes in the Mandal copy of settlement register will be done under the attestation of the Mandal Revenue Officer and those in the Mandal copy of F.M.B. will be incorporated by the L. R. draftsman during his tours. This item of work will be attended to by the Special staff appointed if any in cases of acquisitions for projects etc.
The maintenance set of village maps are kept upto dote by the Asst. Director, (Survey] at the Collectors Office by incorporating the new survey numbers and now details and deleting-old details if any in them.
Following are the general nature of application received from registered land-holders in the Office of the Mandal Revenue Officer.
Sl.No.
Nature
Fee
1.
For decleration of line/boundary line
Rs.10/- per F.
2.
For supply of field map
Rs.10/-per map
3.
For creation of new sub division
Rs.10/- per sub division
Tribals are exempted from the payment of fee for creation of new sub divisions. Similarly the S. Cs, S.Ts. and B. Cs. who were allotted House sites are also exempted from the payment of demarcation charges. All applications for the above purposes are to be made in writing duly affixed with Court Fee lable worth Rs. 2/-in each case.
Contd.Page. 3.
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SALIENT FEATURES OF FUNCTIONING OF SURVEY AND LAND RECORDS IN TELANGANA REGION
Important Survey Records
Sethwar Register:-This is the important survey Register, which will have the details of survey numbers Government or Inam, Name of the Chatedar, total area, pote-kharab area, balance area "Dar" and the Assessment. In case of wet lands, it will give the details of single crop or double crop, details of irrigationa! sources etc.
Wasool Bogl Register-Wasool Bagi Register will have two parts-in one part, all old entries i.e., old survey number, old area and old assessment will be entered and on the second port, its corresponding entries of new survey will be recorded. This is also called as the "Correlation Register". This register is is arranged basing upon the names of Khatedars in alphabetical order.
Hi) Village Map:-Village Maps are printed in the Central Survey office under very costly, sophisticated offset printing machine and other machines. Printed village maps are supplied to the concerned District suvey maintenance units and also Revenue units, The maps are printed in two scales.
for dry lands 8" -one mile (single scale) i.e. one inch=20 chains of 33.
for wet fields 16" -one mile (double scale) i.e, one inch= 10 chains of 33.
These maps will have details of all the survey numbers of the village both agricultural, non-agricultural including, topographical details.
W) leepan Book:-This is also known as the Field measurement Book, which will have the field measurement sketches of all individual Fields-Basing upon these measurements, the survey numbers are demarcated and disputes settled maps are drawn and areas calculated mathematically only on the measurements recorded in this book.
V) Classer Register:-The important details of which this register contains, are "Bhaganas" and "panicilass" besides (be details of name of Khafedar, total extent etc. BHAGANAS indicate the fertility of the soil and PANICLAS gives the gradations of sources of irrigation.
Survey Records which are suit to Revenue:
After completion of process of "Announcement" and "Appeal Hearing" one set of sethwar, wasool Bagi and village maps are sent to concerned Tahsif offices (Revenue Mandals) for implementation. Accordingly during the Jamabandi the survy records are implemented in Revenue Records. The entire Revenue records and Land Revenue collections are as such based on survey Records only.
Procedure for Demarcation of Private Land:
Contd.Page. 4.
-4-
The Spl. Commissioner and Director of Survey Settlements A.P., Hyderabad hide his letter Re. No. Nl/ 6543/1999 dated 25.07.2001 issued the following guidelines for Demacrafion of Lands.
Demarcation of land being the primary and the only duty of the Mandal Surveyors, petitions for demarcation of boundaries from the private parties shall be entertained by the concerned Mandal Revenue Officers only and Mandal Surveyors shall conduct demarcation after written approval of the MROs concerned as per BSO and Mandal pattern of administration.
Aggrieved by the proceedings of the Mandal Surveyors, parties may file first appeal if so desired before the Revenue Divisional Officer for the demarcation by the Deputy Inspector of Surveys of concerned Revenue Division. Thus, the Revenue Divisional Officer shall entertain the first appeal only and Deputy Inspector of Surveyors shall conducted the demarcation after approval in writing by the Revenue Divisional Officer concerned.
Aggrieved by the proceedings of the Deputy Inspector of Survey, parties may file Second appeal, if so desired before the Assistant Director for demarcation by the Inspector of Survey of District maintenance unit and Inspector of Survey shall conduct demarcation after approval in writing by
Subsequent appeal, if any, i.e. third appeal may be filed if so desired before me Assistant Director, Survey and Land Record of the concerned District. Thus an appeal against the proceedings o! (Inspector of Survey and Land Records of District maintenance units shall be entertained by the Assistant Director, Survey and Land Records and Assistant Director Survey and Land Records shall conduct demarcation. However there is no objection to conduct the demarcation by taking approval of the Joint Collector either in the form of tour programme or in the concerned file by the Assistant Directors concerned.
Appellants in every case shall enclose along with their appeal petition necessary documents in proof of being an affected / interested parties along with details of the demarcation done by the lower functionaries along with a challan remitting the prescribed fee.
All the officers who are authorised to entertain the original petition / appeal petition as shown above shall issue an endorsement to all the concerned parties in each case, if necessary, that demarcation of the lands in question is done by the Survey Officials by specifically mentioning the name and designation of official who conducted demarcation soon after the receipt of the compliance report from the concerned, so as to enable the effected parties to file an appeal, if any. It shall be mentioned that appeal lies to whom and that appeal, if any, shall be filed with in (90) days from the date of receipt of such endorsement.
The Mandal Revenue Officers may be informed of the above by the Assistant Directors concerned,
No petition / appeal shall be entertained directly, by passing the hierarchy of Survey Officers. In case any petition is received through parties or other wise by any officers other than the Mandal Revenue Officers, it should be immediately returned to the party advising him to whom he has to approach. ACTS The Andhra Pradesh Survey and boundaries Act 1923
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Registered No. DL - (N) 04/0007/2003-07
II - 1
PART II - Section I
PUBLISHED BY AUTHORITY
[ 75] नई 31, 2007/ 10, 1929
No. 67 | NEW DELHI, MONDAY. DECEM BER 31. 2007 /PAUSA 10. 1929
Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 31st December, 2007/Pausa 10, 1929 (Saka)
The following Act of Parliament received the assent of the President on the 29th December, 2007 and is hereby published for general information:
THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
No. 56 OF 2007
[29th December, 2007]
An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty-eight Year of the Republic of India as follows:
Contd. Page. 2.
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CHAPTER I: Preliminary
1. Short title, extent and commencement
This Act may be called the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
It extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India
It shall come into force in a State on such date as the State Government may, by notification in the Official Gazelle, appoint.
2. Definitions:In this Act, unless the context otherwise requires -
"children" includes son, daughter, grandson and grand-daughter but does not include a minor
"maintenance" includes provision for food, clothing, residence and medical attendance and treatment
"minor" means a person who, under the provisions of the Majority Act, 1875 is deemed not to have attained the age of majority
"parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen
"prescribed" means prescribed by rules made by the Stale Government under this Act
"property" means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property
"relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death
"senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above
"State Government";, in relation to a Union territory, means the administrator thereof appointed under article 239 of ihc Constitution
"Tribunal" means the Maintenance Tribunal constituted under section 7
"welfare" means provision for food, health care, recreation centres and other amenities necessary for the senior citizens
3. Act to have overiding effect:
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.
CHAPTER II: MAINTENANCE OF PARENTS AND SENIOR CITIZENS
4. Maintenance of Parents and Senior Citizens
A senior citizen including parent who is unable to maintain himself from his own earning or property owned by him, shall be entitled to make an application under section 5 in case of -
parent or grand-parent, against one or more of his children not being a minor
a childless senior citizen, against such of his relative referred to in clause (g) of 2
The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life.
The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.
Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:
Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property.
Contd. Page. 3
:: 3 ::
5. Application for maintenance
An application for maintenance under section 4, may be made -
by a senior citizen or a parent, as the case may be; or
if he is incapable, by any other person or organisation authorised by him; or
the Tribunal may take cognizance sua motu
Explanation:For the purposes of this section "organisation" means any voluntary association registered under the Societies Registration Act, 1860, or any other law for the time being in force.
The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.
On receipt of an application for maintenance under sub-section(I), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance
An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person:
Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.
An application for maintenance under sub-section (I) may be filed against one or more persons:
Provided that such children or relative may implead the other person liable to maintain parent in the application for maintenance.
Where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance.
Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be.
If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of each month's allowance for the maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made whichever is earlier:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Tribunal to levy such amount within a period of three months from the date on which it became due.
Contd. Page. 4.
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6. Jurisdiction and Procedure
The proceedings under section 5 may be taken against any children or relative in any district -
where he resides or last resided, or
where children or relative resides.
On receipt of the application under section 5, the Tribunal shall issue a process for procuring the presence of children or relative against whom the application is filed.
For securing the attendance of children or relative the Tribunal shall have the power of a Judicial Magistrate of first class as provided under the Code of Criminal Procedure, 1973.
All evidence to such proceedings shall be taken in the presence of the children or relative against whom an order for payment of maintenance is proposed to be made, and shall be recorded in the manner prescribed for summons cases:
Provided that if the Tribunal is satisfied that the children or relative against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Tribunal, the Tribunal may proceed to hear and determine the case ex parte
Where the children or relative is residing out of India, the summons shall be served by the Tribunal through such authority, as the Central Government may by notification in the official Gazette, specify in this behalf.
The Tribunal before hearing an application under section 5 may,. refer the same to a Conciliation Officer and such Conciliation Officer shall submit his findings within one month and if amicable settlement has been arrived at, the Tribunal shall pass an order to that effect.
Explanation - For the purposes of this sub-section "Conciliation Officer" means any person or representative of an organisation referred to in Explanation to sub-section(1) of section 5 or the Maintenance Officers designated by the State Government under subsection (1) of section 18 or any other person nominated by the Tribunal for this purpose.
7. Constitution of Maintenance Tribunal
The State Government shall within a period of six months from the date of the commencement of this Act, by notification in the Official Gazette, constitute for each Sub-division one or more Tribunals as may be specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance under section 5.
The Tribunal shall be presided over by an officer noi below the rank of Sub-Divisional Officer of a State.
Where two or more Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.
8. Summary procedure in case of inquiry
In holding any inquiry under section 5, the Tribunal may, subject to any rules that may be prescribed by the State Government in this behalf, follow such summary procedure as it deems fit.
The Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
Subject to any rule that may be made in this behalf, the Tribunal may, for the, purpose of adjudicating and deciding upon any claim for maintenance, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.
Contd. Page. 5.
:: 5 ::
9. Order for maintenance
If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time, direct.
The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month.
10. Alteration in allowance:
On proof of misrepresentation or mistake of fact or a change in the circumstances of any person, receiving a monthly allowance under section 9, for the maintenanceordered under that section to pay a monthly allowance for the maintenance, the Tribunal may-make such alteration, as it thinks fit, in the allowance for the maintenance.
Where it appears to the Tribunal that, in consequence of any decision of a competent Civil Court, any order made under section 9 should be cancelled or varied, it shall cancel the order or, as the case may be, vary the same accordingly.
11. Enforcement of order of maintenance
A copy of the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter I Xofthc Code of Criminal Procedure, 1973 and shall beexecuted in the manner prescribed for the execution of such order by that Code.
12. Option regarding maintenance in certain cases
Notwithstanding anything contained in Chapter IX of the Code of Criminal Procedure, 1973, where a senior citizen or a parent is entitled for maintenance under the said Chapter and also entitled for maintenance under this Act may, without prejudice to the provisions of Chapter IX of the said Code, claim such maintenance under either of those Acts but not under both.
13. Deposit of maintenance amountWhen an order is made under this Chapter, the children or relative who is required to pay any amount in terms of such order shall, within thirty days of the date of announcing the order by the Tribunal, deposit the entire amount ordered in such manner as the Tribunal may direct.
14. Award of interest where any claim is allowed:
Where any Tribunal makes an order for maintenance made under this Act, such Tribunal may direct that in addition to the amount of maintenance, simple interest shall also be paid at such rate and from such date not earlier than the date of making the application as may be determined by the Tribunal which shall not be less than five per cent, and not more than eighteen per cent:
Provided that where any application for maintenance under Chapter IX of the Code of Criminal Procedure, 1973 is pending before a Court at the commencement of this Act, then the Court shall allow the withdrawal of such application on the request of the parent and such parent shall be entitled to file an application for maintenance before the Tribunal.
Contd. Page. 6.
:: 6 ::
15. Constitution of Appellate Tribunal
The State Government may, by notification in the Official Gazette, constitute one Appellate Tribunal for each district to hear the appeal against the order of the Tribunal.
The Appellate Tribunal shall be presided over by an officer not below the rank of District Magistrate.
16. Appeals:
Any senior citizen or a parent, as the case may be, aggrieved by an order of a Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal:
Provided that on appeal, the children or relative who is required to pay any amount in terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the murmcr directed by the Appellate Tribunal:
Provided further that the Appellate Tribunal may, entertain the appeal alter the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.
The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.
The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal.
The Appellate Tribunal shall, adjudicate and decide upon the appeal Hied against the order of the Tribunal and the order of the Appellate Tribunal shall be final:
Provided that no appeal shall be rejected unless an opportunity has been given to both the panics of being heard in person or through a duly authorised representative.
The Appellate Tribunal shall make an endeavour to pronounce its ordenr in writing within one month of the receipt of an appeal.
A copy of every order made under sub-section (3) shall be sent to both the panics free of cost.
17. Right to legal representationNotwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner.
18. Maintenance Officer
The State Government shall designate the District Social Welfare Officer or an officer not below the rank of a District Social Welfare Officer, by whatever name called as Maintenance Officer.
The Maintenance Officer referred to in sub-section (1), shall represent a parent if he so desires, during the proceedings of the Tribunal, or the Appellate Tribunal, as the case may be.
CHAPTER III: ESTABLISHMENT OF OLDAGE HOMES
19. Establishment of oldage homes
The State Government may establish and maintain such number of oldage homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent.
The State Government may, prescribe a scheme for management of oldage homes, including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes.
Contd. Page. 7.
:: 7 ::
Explanation - for the purposes of this section, "indigent" means any senior citizen who is not having sufficient means, as determined by the State Government, from time to time, to maintain himself
CHAPTER IV: PROVISIONS FOR MEDICAL CARE OF SENIOR CITIZEN
20. Medical support for senior citizens
The State Government shall ensure that -
the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible;
separate queues be arranged for senior citizens;
facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;
research activities for chronic elderly diseases and ageing is expanded;
there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.
CHAPTER V: PROTECTION OF LIFE AND PROPERTY OF SENIOR CITIZEN
21. Measures for publicity, awareness, etc., for welfare of senior citizensThe State Government shall, take all measures to ensure that -
the provisions of this Act are given wide publicity through public media including the television, radio and the print, at regular intervals;
the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act;
effective co-ordination between the services provided by the concerned Ministries or Departments dealing with law, home affairs, health and welfare, to address the issues relating to the welfare ofthe senior citizens and periodical review of the same is conducted.
22. Authorities who may be specified for implementing the provisions of this Act
The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed.
The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
Contd. Page. 8.
:: 8 ::
23. Transfer of property to be void in certain circumstances
Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option ofthe transferor be declared void by the Tribunal.
Where any senior citizen has a right to receive maintenance out of an estate and such estate or part , thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
If any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
CHAPTER VI: OFFENCES AND PROCEDURE FOR TRIAL
24. Exposure and abandonment of senior citizen
Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.
25. Cognizance of offences
Notwithstanding any thing contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be cognizable and bailable.
An offence under this Act shall be tried summarily by a Magistrate.
CHAPTER VII: MISCELLANEOUS
26. Officers to be public servants
Every officer or staff appointed to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 ofthe Indian Penal Code.
27. Jurisdiction of civil courts barred
No Civil Court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no injunction shall be granted by any Civil Court in respect of anything which is done or intended to be done by or under this Act.
28. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made thereunder.
29. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided thai no such order shall be made after the expiry of a period of two years from the dale of the commencement of this Act.
Contd. Page. 9.
:: 9 ::
30. Power of Central Government to give directionsThe Central Government may give directions to State Governments as to the carrying into execution of the provisions of this Act.
31. Power of Central Government to reviewThe Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.
32. Power of State Government to make rules
The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
Without prejudice to the generality of the foregoing power, such rules may provide for -
the manner of holding inquiry under section 5 subject to such rules as may be prescribed under sub-section (1) of section 8;
the power and procedure of the Tribunal for other purposes under subsection (2) of section 8.
the maximum maintenance allowance which may be ordered by the Tribunal under subsection (2) of section 9;
the scheme for management of oldage homes, including the standards and various types of scrviccsto be provided by them which arc necessary for medical care and means of entertainment to the inhabitants of such homes under sub-section {2) of section 19;
the powers and duties of the authorities for implementing the provisions of this Act. under sub-section (1) of section 22;
a comprehensive action plan for providing protection of life and property of senior citizens under sub-section (2) of section 22;
any other matter which is to be, or may be, prescribed
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House, before that House.
Panchayat Raj & Rural Development Department - Implementation of Centrally Sponsored Scheme - Rajiv Gandhi Panchayat Sashakthikaran Abhiyan (RGPSA) during 12th Five Year Plan Period for strengthening of Panchayat Raj System - Creation of SPMU, DPRCs, DPMUs and GPRCs - Operational Guidelines – orders - Issued.
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PANCHAYAT RAJ AND RURAL DEVELOPMENT (MDL.I) DEPARTMENT
G.O.Ms. No. 31.
Dated: 14 -02-2014
Read the following:-
RGPSA Guidelines 2013 issued by Ministry of Panchayati Raj, Government of India.
Lr.No.K-11015/01/2013-DPE, Dt.12.11.2013, of MoPR, GoI,New Delhi.
G.O.Ms.No.466, PR&RD(MDL.I) Dept. Dt.30.12.2013.
From the CPR&RE, RC.No.10298/M1/2012, dt.30.12.2013.
***
ORDER:
The Ministry of Panchayat Raj, Government of India, have launched the new scheme of ‘Rajiv Gandhi Panchayat Sashaktikaran Abhiyan’ (RGPSA) during the 12th Five Year Plan as a Centrally Sponsored Scheme at the ratio of 75:25. This is an umbrella scheme encompassing various components aimed at strengthening Panchayat Raj Institutions as a whole and Gram Sabha in particular to improve the rural service delivery and people’s participation in democratic governance at grassroots level.
2. In the reference 2nd read above, Government have constituted a high level inter departmental steering committee under the chairmanship of Hon’ble Chief Minister of A.P to oversee the progress of RGPSA and to take policy decisions for ensuring greater and more effective devolution of funds, functions and functionaries to Panchayats. In the reference 3rd read above, Government have also constituted a State Level Executive Committee under the chairmanship of Principal Secretary, PR to finalize the RGPSA plans and monitor the implementation of the Scheme from time to time. In the reference 4th read above, Government have issued detailed guidelines to transform the Grama Sabha into a platform of transparency, accountability and convergence.
3. In the reference 5th read above, the Ministry of Panchayat Raj Government of India, have approved the RGPSA Perspective Plan for the period from 2013-2014 to 2016 - 2017 and also approved the Annual Plan outlay of Rs.20331.85 lakhs for the year 2013-14 and released an amount of Rs. 7624.44 lakhs towards first installment of central share for the year 2013-2014 vide Proceedings No.K-11011/30/2013–DPE, dt.03.12.2013 of GoI, MoPR.
4. The Para 6.4 of RGPSA guidelines provides for establishment of State Panchayat Resource Centre, District and Gram Panchayat level Panchayat Resource Centres for organizing training and capacity building activities to enhance the knowledge base of Elected Representatives of Panchayat Raj Institutions and official functionaries. Para 6.8 of RGPSA guidelines provides for creation of Programme management units at State and District levels for planning, implementation and monitoring of the RGPSA scheme. The MoPR, Government of India in their Proceedings dt.30.12.2013 in the reference 5th read above have approved the RGPSA perspective plan for the years from 2013-14 to 2016-17 in which the activities of creation of SPRC, SPMU, DPRC, DPMU etc., were included among many other activities aimed at strengthening of PRIs.
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5. In the reference 6th read above, Government have established State Panchayat Resource Centre in the name of AP. Panchayat Raj Abhivrudhi Samstha (APPRAS) with the objectives and goals as mentioned therein.
6. In the reference 7th read above, the Commissioner Panchayat Raj & Rural Employment has submitted proposals for operationalisation of the RGPSA Scheme by creating State Programme Management Unit (SPMU) at the State Level, District Panchayat Resource Centres (DPRC) & District Programme Management Units (DPMUs) at District Level and Grama Panchayat Level Resource centres (GPRC) at Grama Panchayat Level for effective implementation and monitoring of the RGPSA Scheme.
7. After careful examination of the proposals, Government hereby permit the CPR&RE to establish SPMU at the state level, DPRC & DPMU at District level, and GPRC in each of the Mandals for effective implementation and monitoring of the scheme as per the plans approved by MoPR, Government of India. Government hereby issue the following operational guidelines to bring clarity in the functioning of various structures viz., State Programme Management Unit, AP Panchayat Raj Abhivrudhi Samstha/ State Panchayat Resource Centre, District Panchayat Resource Centres, District Programme Management Units and Gram Panchayats Resource Centres etc. as a part of implementation of RGPSA Scheme.
APPRAS being an overarching terminal body shall focus exclusively on Panchayat Raj and PESA. It shall function as a Brain Trust for the PR Department, PRIs, ERs, functionaries, PR Activists and NGOs working in the field of Panchayat Raj. It should be well equipped to take up action research; study the best practices across the country in PR Governance and disseminate the information to the State Government and various organizations both Governmental and non-governmental as to strengthen the PR Governance in Andhra Pradesh.
The APPRAS shall especially lead the CB&T effort in the State thus guiding and supplementing the CB&T efforts of existing CDPA centre of APARD. The APPRAS shall eventually transform as a registered society and function as an independent body with a mission to strengthen the PRI system in the state.
Therefore the following unit/centre shall be established in the A.P. Panchayat Raj Abhirudhi Samstha (APPRAS);
Decentralized Planning
PR Finance and Accounts
PR Election Law
Action Research, Publication and Documentation
e-Governance
PR Administration – Statutes and Services Rules
PESA
As the APPRAS., functions as a think tank for the PR sector, it shall be provided with the faculty members in the category of senior consultants as at Annexure-I. The pay and allowances of the staff shall be met from the RGPSA funds and the appointment shall be purely on contract basis only. The APPRAS in coordination with CDP &A, APARD shall discharge the functions as at Annexure-I.
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2. Commissionerate of PR&RE (CPR&RE) :
The Commissioner Panchayat Raj & Rural Employment is the nodal department at the State level responsible for supervision over the preparation and implementation of RGPSA Action Plans. The responsibilities of the CPR&RE in implementation of RGPSA Scheme are at Annexure- II.
2.1. State Programme Management Unit (SPMU):
The SPMU shall facilitate the implementation of RGPSA Programme by providing necessary technical assistance to District Programme Management Units and shall act as a nerve centre for monitoring the programme at State Level. It should liase with all DPMUs in the state and guide them in right direction so as to achieve the targets set out under RGPSA Annual and Perspective plans. The SPMU shall assist the CPR& RE in the activities which are at Annexure-III.
The Project Monitoring Units already established at State and District levels under Mission Mode Project, e- Panchayat shall hence forth work with RGPSA PMUs as suggested by MoPR, GOI. The SPMU, shall consist of the personnel as at Annexure-III.
The expenditure on establishment of the RGPSA Programme Management Unit shall be met from within the 5% of the funds available under management costs of the programme.
3. Commissioner/Director AMR- APARD:
Commissioner/Director, AMR-APARD through the Centre for Decentralized Planning and Administration (CDP&A) shall be the coordinating agency for implementation of the capacity building and training activities in all the districts as approved by the Ministry of Panchayat Raj, Government of India and by the Panchayat Raj and Rural Development Department, Government of Andhra Pradesh. The role of Centre of Decentralized Planning & Administration APARD in implementing the CB&T activities is at Annexure-IV.
The CDP&A centre in APARD shall work in tandem with APPRAS and SPMU for effective implementation of CB&T Plans.
4. District Level RGPSA Executive Committee :
An Executive Committee shall be formed in each district under the chairmanship of Chairperson ZPP and District Collector to oversee the functioning of DPRC, DPMU in implementation of the RGPSA scheme with the following composition.
Sl. No
Officer
Designation
1
Chairperson, ZPP (C/ZPP)
Chairperson
2
District Collector
Co-chairperson
3
Chief Executive Officer, Zilla Praja Parishad
Member-Convenor
4
Chief Planning Officer
Member
5
District Panchayat Officer
Member
6
Project Director DWMA
Member
7
Project Director, DRDA
Member
8
Superintending Engineer, PR
Member
9
Superintending Engineer, RWS
Member
10
District Informatics Officer, NIC
Member
11
Reputed NGO Nominated by C/ZPP
Member
12 to 16
5 Elected Representatives from best performing Panchayats (1 SC, 1 ST , 1 BC, 2 others) -Nominated by C/ZPP
Members
17 to 21
5 Women Elected representatives from best performing Panchayats (1 SC, 1 ST, 1 BC, 2 others) –Nominated by C/ZPP
Members
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The committee shall meet at least once in a quarter and review the progress of the implementation of various component of RGPSA action plan and give necessary guidance for proper implementation of the plan. The S.E. Panchayat Raj shall be responsible for execution of the physical infrastructural works through PR Engineering Department field functionaries. The DIO, NIC shall facilitate online updation of data in PES application and extend necessary technical and handholding support to DPMU. In addition to giving their valuable suggestions for betterment of the scheme, the members shall facilitate the effective implementation of RGPSA scheme in the District.
4.1. District Panchayat Resource Centres (DPRCs):
District Panchayat Resource Centres shall be created in a phased manner during the 12th five year Plan Period in each district to cater to the training and capacity building needs of the Elected Representatives of PRIs and official functionaries. The DPRCs shall initially be located in Zilla Praja Parishad and gradually evolve as a full fledged training centre with suitable training and residential infrastructure for organizing residential and non-residential training programmes. The DPRCs shall be provided with necessary infrastructure facilities and man power to discharge the CB&T functions at District level as per the approved RGPSA plan. The DPRC shall broadly discharge the functions as at Annexure-V. The faculties may be engaged either from Academic or Administrative field on deputation or contract basis (two years at a time) depending on the circumstances. For contract appointees the relevant pay applicable to the equivalent category mentioned at table 1 may be applied. The faculty members deployed to the DPRCs and conditions of appointment are at Annexure-V.
The staff recruited under Mission Mode e- Panchayat project in District Programme Management Units (DPMUs), i.e the DPM and Addl. DPMs., shall hence forth work with DPRCs as suggested by MoPR, GoI. The pay and allowances of the above staff shall be met from the Capacity Building and Training Funds and the appointment shall be purely on contract basis only.
4.2. District Programme Management Units (DPMUs):
The District Programme Management Units shall be created at each District and it shall be located in Zilla Praja Parishad and extend all technical and other support to Zilla Praja Parishad and Panchayats in the implementation and monitoring of the scheme. The DPMU shall be in continuous contact with the SPMU and facilitate flow of information received from state head quarters to district and sub district units. For this purpose suitable employees in the cadre of Superintendent & an office assistant may be appointed by redeployment with in ZPP/MPP Sectors. In cases of absolute unavailability of staff for redeployment two personnel i.e one Resource Person and one Office Assistant could be hired on contract basis.
The expenditure on establishment of the RGPSA Programme Management Units shall be met from within the 5% of the funds available under management costs of the programme. Requisite staff for State Level positions shall be recruited by a Committee consisting of (1) Principal Secretary PR&RD (2) Commissioner Panchayat Raj & Rural Employment (3) Commissioner, AMR- APARD.
The functions of DPMU under RGPSA and the Salary structure of personnel in SPMU and DPMU as per the approved action plan are at Annexure-VI.
5. Gram Panchayat Resource Centre (GPRC) :
Gram Panchayat Resource Centre shall be established @ one in each mandal in 1096 Big Panchayats in a phased manner during the 12th five year plan period to handhold the Panchayat Processes and building the capacities of Grama Panchayats for effective service delivery. The GPRC shall assist all the G.Ps in the Mandal and their representatives and functionaries in discharging the functions at Annexure –VII and also to facilitate the GP in their functioning to enforce the Rules and Acts.
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6. Strengthening of Gram sabhas:
The Government have already issued detailed guidelines for bringing vibrancy to the functioning of Grama Sabha through the G.O. 4th read above that need to be followed scrupulously. The DPRCs and the GPRCs with the support of District Collector and other field functionaries shall widely disseminate the contents of the above G.O among the line departments PRI and Public and shall ensure that the line department officials attend the gram sabhas without fail. The attendance of line department officials in gram sabha will make them accountable to the gramsabha members and bring transparency in the public service delivery.
6.1. To further strengthen Gram Sabha in PESA areas:
Support of a NGO in each PESA District shall be enlisted for regular hand holding. A suitable NGOs shall be selected by the State level Executive Committee based on the proposals received from District level Executive Committees.
6.2. Grama Sabha Mobiliser in Schedule V Areas:
The Grama Sabhas that fall under the purview of PESA Act (Scheduled V areas) have a unique authority of approving various plans meant for development of scheduled areas. Due to lack of proper awareness and administrative support, the Gram Sabhas in scheduled areas are not able to discharge their responsibilities effectively. There is an urgent need to have a activist mobilizer for each Gram Sabha. At present there are 1218 Gram Panchayats in schedule V areas, and therefore 1218 Grama Sabha Mobilisers would need to be identified for bringing vibrancy to the Gramsabhas in Schedule V areas. The Gram sabha Mobilizer shall not only mobilize public but also create awareness on the gram sabha agenda and significance of Gram Sabha. An Honorarium of Rs.2500/-per month shall be paid from RGPSA funds for each mobiliser. He shall be from the “local Scheduled tribe” belonging preferably to the same Grama Panchayat. The mobiliser shall submit progress reports at regular intervals to the MPDO/EO (PR&RD) at Mandal level and submit all records related to his/her work. The MPDO/EO (PR&RD) shall review the functioning of Gram Sabha Mobiliser from time to time and report to DPO/DLPO.
7. Right to Information Act:
Instructions regarding the voluntary disclosure of information related to the schemes that are being implemented by ZPPs, MPPs and Gram Panchayats have been issued earlier. APIOs, PIOs and Appellate Authorities for each office have also been notified. All the information related to the RGPSA shall be incorporated in the RTI information appropriate Schedules of respective offices. All the ZPPs, MPPs and Gram Panchayats shall voluntarily disclose their Budget and accounts and make them available for public access. Further the approved budgets and Administration reports shall be made available for public reference.
8. Social Audit:
The social audit of all the works executed shall be taken up periodically to bring transparency in the execution of the works. General guidelines issued for social audit under BRGF Programme vide G.O.MS.No.368, PR&RD (PTS.III) Dt 30.7.2013, shall be followed.
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9. Maintenance of RGPSA Accounts:
The funds released under RGPSA shall be deposited in a separate account and shall be utilized for the purpose for which they are being released. No part of it shall be diverted for any other purpose. The interest accrued on deposits if any shall be utilized as per the guidelines of the programme. A separate cashbook should be maintained and the executive agency shall maintain all the records and produce the records for Audit/Social Audit. The executive Agency shall submit the audited statement of Accounts and utilization certificate for each year along with achieved outcomes.
10. The role of CEO, Zilla Praja Parishad:
The Chief Executive Officer shall take the responsibility for overall success of the programme at District level and he shall attend the functions as at Annexure-VIII.
11. The role of District Panchayat Officer:
DPO plays a vital role in implementation of the RGPSA action plan at the District level. The DPO shall work in tandem with the CEO, ZPP for effective implementation of various components of RGPSA action plan. The DPO shall attend the functions as at Annexure-IX.
8. The Commissioner, Panchayat Raj & Rural Employment shall take necessary action accordingly.
9. This order issues with the concurrence of Finance (SMPC) Department vide their U.O.No.1136/74/A3/SMPC-I/14, dated 10.2.2014.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V. NAGI REDDY,
PRINCIPAL SECRETARY TO GOVERNMENT. (PR)
To
The Commissioner, Panchayat Raj & Rural Employment, Hyderabad.
The Commissioner/Director, AMR-APARD, Hyderabad
The A.P. Panchayat Raj Abhivrudhi Samstha (SPRC)
All the District Collectors in the State
All the Chief Executive Officers, Zilla Praja Parishad in the State
All the Chief Planning Officers in the State
All the District Panchayat Officers in the State
Copy to
The P.S to Chief Minister,
The P.S. to Minister for (PR&RWS)
The P.S to Principal Secretary (PR)
The P.S to Principal Secretary(RD)
The P.S. to Secretary(RWS)
The Finance(Exp.PR)Department.
The Planning Department.
SF/SC.
//FORWARDED::BY ORDER//
SECTION OFFICER
(Continued for Annexures.I to IX)
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ANNEXURE-I
FACULTY OF APPRAS/sprc AND ITS FUNCTIONS:
(I) FUNCTIONS OF THE APPRAS/SPRC
functioning as the chief documentation centre on all activities of PRIs in the State.
Extending Academic support to CPR&RE in bringing out policy papers, research reports, evaluation reports, working papers etc.,
Developing measurable indicators for assessing the performance of Panchayats for incentivisation
Organise Seminars, workshops, symposium for discussing on possible policy initiatives for PR system improvement
Formulating a policy frame work for improving the internal audit, social audit and other accountability measures
Exercising technical control over the DPRC, MPRC, GPRC and guide these institutions for effective delivery of CB&T programmes
Creation and maintenance of Data Base required for preparation of decentralized district plans
Maintenance of data base required for facilitating effective PR Governance
support the PMU in preparing research/academic reports, thematic papers on issues related to PR
Promoting collaboration with resource organisations and NGOs
(II) FACULTY MEMBERS AND THEIR QUALIFICATIONS
An Academician having special knowledge and experience in PRI sector, Political Science and Public Administration.
Two subject matter specialists: A Panchayat Raj Administrator with atleast 10 years of field experience as of CEO ZP, DPO or MPDO/ an erstwhile Chairperson ZPP, MPP President, Sarpanch with a post graduate degree with sufficient field experience as specified below;
An expert in decentralized planning. A person with a Master’s Degree in Economic Planning and with an experience of atleast 5 years as Chief Planning Officer or equivalent .
Experience/Qualifications for the above 3 categories
The Academician of the rank of Assistant Professor in Political Science or Public Administration with atleast 10 years of service may be taken from any University / Post graduate Centre on deputation basis or a candidate with M.Phil /Ph. D Degree with specialization in Political Science, or public administration with an experience of atleast 10 years in relevant field may be taken on contract basis.
Administrators (subject matter specialists) may be taken on Deputation/Contract basis. While selecting personnel from Elected Representative category, those people who are actively working for strengthening of PRIs and who have no political affiliation shall be taken.
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
Contd.Page..8.
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ANNEXURE-II
ROLE of the CPR&RE in implemenation of RGPSA:
Release of funds to districts ( ZPP, MPP, GPs), AP Panchayati Raj Abhivriddhi Samstha (APPRAS), SPMUs, DPMUs
Overseeing the deployment of personnel and other necessary requirements in the proposed State /District/ Mandal/ Panchayat Resource Centres/Project Monitoring Units
Providing technical and administrative assistance to Districts through SPMU for planning and implementation of various components of RGPSA
Setting goals and targets for RGPSA perspective and annual plans
Monitoring the progress of RGPSA annual/perspective plans
Review and Assessing the performance of the Panchayats
Commission studies and to depute a team of experts to districts to verify the progress made in each year before the approval of annual plans.
Promoting innovative practices among Panchayats for augmentation of resource base and for improving the service delivery
Promoting collaboration with resource organisations and NGOs
Monitoring the RGPSA Capacity Building & Training activities implemented by APARD and other Institutions
Finalizing IEC strategy for empowering gramsabhas and PRIs.
Ensuring Proper Audit of Accounts for the funds released to various PRIs and other Institutions
Obtaining Utilization Certificates from the implementing agencies
Convene the meetings of RGPSA State Level Executive Committee as the member Convener of the Committee
Any other such responsibility which is not specified above but falls within the powers and jurisdiction of the Authority of CPR& RE.
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
Contd.Page. 9
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ANNEXURE-III
FUNCTIONS OF THE SPMU:
Preparation of RGPSA plans, management and supervision
Assessment of Performance of Districts especially for the 20% performance linked grant
Development of Designs for GP office Buildings, Gram Panchayat Resource Centres including eco-friendly and low cost technologies
Training of resource persons in 12 common core applications and hand holding support to Panchayats
Classifying the Panchayats with good, medium, poor resource base and assessing the amount of support required to undertake core processes
Identification of best Panchayats and dissemination through training and other means
Advocacy of implementation of PESA Act 1996 and rules made under this Act
Coordination with AMR-APARD in the implementation and monitoring of Capacity Building and Training (CB&T) action plan
Developing indices for measuring the performance of PRIs and assessing the performance of PRIs
Assisting the State Executive Committee and Steering Committee in preparation of annual plans and monitoring the implementation of approved plans
Assisting the State Panchayat Performance Committee in selection of best Panchayats for incentivisation
Staffing pattern of SPMU:
State Project Manager
State Technology consultant
State Planner
State Accounts expert
Office Assistant
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
Contd.Page.10
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ANNEXURE - IV
ROLE OF CENTRE FOR DECENTRALIZED PLANNING & ADMINISTRATION, AMR- APARD:
Conducting Training needs assessment
Upgrading the knowledge and skills of all the elected representatives of Panchayat Raj Institutions through face to face, distance mode and other modes, so as to discharge their responsibilities in an efficient and effective manner
Orient key officials associated with functions devolved to Panchayats and who are working under or closely with them to effectively serve and facilitate the Panchayats in the performance of devolved functions,
Improve functioning of the Gram Sabha, particularly through building the capability of pressure groups such as SHGs and CBOs in Gram Sabhas more meaningfully,
Organizing exposure visits to beacon Panchayats for bringing attitudinal changes among the Elected Representatives of PRIs
Extend handholding support to Elected members of PRIs and official functionaries in post training situations through existing PR help line and other modes like newsletters, news magazines etc.,
Preparing an effective IEC strategy for empowering the members of Gramsabha and for promoting positive feeling about PRIs among People.
Selection of Master Trainers, ToTs with the help of DPMUs/DPRCs
Preparation of Training Materials/Modules including print, electronic media and other formats and for training the PRI functionaries
Documentation of Best Practices and act as a clearing house for disseminating the information through its web site and through other traditional methods.
Training of Master trainers and ToTs for reaching large number of elected representatives
Maintenance of all accounts/other training records and submission of audited UCs for the amounts released towards capacity building activities
Form effective collaboration with NGOs, CBOs and Research Institutions for strengthening of PRIs
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
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ANNEXURE-V
Functions of district panchayat resource centre and its faculty members:
FUNCTIONS OF THE DPRCS
Organisation of CB&T activities at district and sub district level as per the mandate given by APPRAS and APARD
Monitoring the attendance of trainees in various trainings organized at district and sub district levels
Preparation of training action plan for each academic year to train all the Elected Members of PRIs and official functionaries in various aspects related to PR and RD sectors.
Maintaining the complete data base of Elected members of 3 tiers of PRIs and the data base of trained and un trained elected members
Documentation of best practices among Panchayats and dissemination
THE FACULTY OF THE DPRCS
Principal-1member (equivalent to CEO ZPP or Dy.CEO ZPP or Junior consultant]
Faculty - 4 members (Accounts and Audit, Decentralised Planning, public administration/ PESA (wherever relevant) General PR Administration)(equivalent to Resource Person)
District Project Manager (e-panchayat)
Assistant District Project Manager (e panchayat)
Office Assistant-cum-Computer operator – One (equivalent to Junior Assistant)
Office Subordinate – One
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
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ANNEXURE-VI
THE FUNCTIONS OF DPMU UNDER RGPSA AND THE SALARY STRUCTURE IN SPMU AND DPMUS AS PER THE APPROVED ACTION PLAN:
Preparation of Annual and Perspective Plans
Implementation of the scheme as per the guidelines of RGPSA
Monitoring the implementation of RGPSA annual action plans
Preparation and submission of periodical progress reports to SPMU/CPR&RE
Providing Technical support for social mobilization, accounting, e enablement of Panchayats, monitoring and incentivisation of Panchayats etc.,
Monitoring Physical and financial Progress of the Scheme
Work in association with DPRCs and over see the implementation of CB&T Plan
Table: Pay structure for contract staff in SPMU & DPMU:
S.No.
Name of the post
Remuneration per Month
1
Sr. Consultant
Rs.60,000/-
2
Junior Consultant
Rs.30,000/-
3
Resource Person
Rs.25,000/-
4
IT Professional
Rs.20,000/-
5
Office Assistants
Rs.12,000/-
6
Traveling Expenses (lump sum)
Rs. 5,00,000/-
7
Miscellaneous expenses (Lump sum)
Rs. 5,00,000/-
8
Consultant (one per each district)
Rs.25,000/-
9
Junior Consultant (one per each district)
Rs.15,000/-
10
Data entry Operator (one per each district)
Rs.10,000/-
11
SPMU & DPMUs (DPMs & Addl. DPMs @ 5 members at State unit and 2 in each Dist.
Rs.16,67,000/-
Total
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
Contd.Page. 13
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ANNEXURE-VII
FUNCTIONS OF GPRC AND IT'S STAFFING PATTERN:
FUNCTIONS OF GPRC
Assisting G.Ps. in conduct of Grama Sabhas effectively.
Maintaining the Accounts and facilitating Audit in GPs.
Assessment and collection of Taxes, Fees etc.
Preparation of decentralized developmental Plans and their implementation and monitoring.
Town Planning and Building permissions and spatial planning.
Meeting the basic engineering needs like preparation of estimates recording in Measurement Books (MBs), valuation of works, (facilitating speedy execution of developmental works) and repairing motors for maintaining drinking water supply etc.
Sanitation; Garbage collection, treatment and disposal, sewerage disposal.
Preparation and maintenance of Asset Register in GPs along with the details of poramboke lands vested in GPs and their utilization and protection.
Staffing Pattern of GPRC:- The following functionaries shall be taken on outsourcing basis or on contract basis.
Team Leader - 1 No.
Accountant-cum-Data entry operator - 1 No.
Civil Supervisor - 1 No.
Town Planning & Building overseer - 1 No.
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Team Leader:- Team leader shall coordinate all the functions of other members of the GPRC team and shall be responsible to all the Grama Panchayats in the Mandal. He shall also liase with the EO (PR&RD)/MPDO/DPO for achieving the aims of RGPSA. The team leader is personally responsible to support the Gram Panchayats for regular conduct of Grama Sabhas, proper maintenance of records and Audit, Assessment of Taxes and their collection, sanitation and related matters, planning and monitoring. Preparation and maintenance of Asset Registers in GPs alongwith the details of poramboke lands used in GPs and their utilization and protection. To be specific, the Team Leader shall carry out the following functions:
serve as the chief assistant to all GPs in the Mandal.
Ensure effective support to GPs in the fields of town planning and building overseer, Technical (Civil) Supervisor and Accountant-cum-Data entry operator for best possible assistance to GPs.
Guide and support the Panchayat Secretary in updation and reconciliation of Accounts of Gram Panchayats.
(Maintenance of registers, records, vouchers, bills, M-books, U.Cs by the Panchayat Secretaries).
Guide and support the Gram Panchayats and Grama Sabha in the preparation of budgets and decentralized planning.
provide full co-operation and support to GPs in successful conduct of Grama Sabhas
guide and support GPs in preparation of their Annual and Perspective and Decentralized Development Plans.
Assist the Extension Officer (PR&RD) in guiding the Panchayat Secretaries in producing the Accounts for Audit and attending to Audit Objections by the Panchayat Secretaries.
Assist the Extension Officer (PR&RD) in guiding the Gram Panchayats in the assessment of taxes and their collections.
Assist GPs in preparation of Village Integrated Plan for Solid and Liquid Waste Management.
Assist in the preparation and Maintenance of Asset register in Gram Panchayats and their utilization and protection.
Conditions of Service : He shall be a graduate with relevant experience for 5 years. Pay is equal to Junior Consultant Cadre. Selection by District Selection Committee (DSC) consisting of District Collector, CEO,/ZP and DPO.
Accountant-cum-Data entry operator: He shall guide and support the GPs in proper maintenance of books of accounts. He will also facilitate the Audit of accounts by the concerned Auditors. He will assist in implementation of PRIA Soft, PES applications and other e-Panchayat applications in addition to Data entry work.
Conditions of Service : Shall be a graduate in Commerce or BBA. Pay in the scale of Resource Person. Selection by DSC.
Civil Supervisor shall be a Diploma holder in Civil Engineering (Polytechnic- Civil Draughtsman). The Civil Supervisor shall guide and support the GPs in preparation of estimates, designs, procurement, work management including recording of MBs, valuation of works etc for the works sanctioned under various programmes including RGPSA, BRGF, SFC, 13th Finance Commission etc. The Civil supervisor shall assist the Panchayat Raj Engineering Department Technical Staff.
Conditions of Service : Pay as per the scale of Resource Person. Selection by DSC.
Town Planning and Building Overseer: A diploma holder in Town Planning and Architecture shall be taken as Town Planning and Building overseer and shall attend the following functions:
Preparation of indicative Land use plan of Gram Panchayat in coordination with District Town and Country Planning Officer (DTCPO).
Guide and support the GPs in processing and issue of permissions of Layouts and Buildings in their Panchayats.
Assisting the Gram Panchayat in the House Tax assessment by providing accurate data of taxable areas.
Assisting the GP in spatial planning.
Conditions of Service : Pay as per the scale of Resource Person. Selection by DSC.
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
Contd.Page.15
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ANNEXURE-VIII
ROLE OF CEO ZPP, IN RGPSA
Create wide publicity about the objectives of RGPSA among the District Officials, Elected Members of PRIs and field functionaries
Monitor the programme implementation at District Level
Review the progress of works sanctioned under RGPSA and submit Monthly Physical and financial Progress Reports to SPRC.
Assist the District Collector in successful implementation of the RGPSA scheme
Convene the District RGPSA Executive Committee Meeting once in a quarter and put up the progress of various components of RGPSA action plan before the committee for review
Coordinate with the District Panchayat Officer and extend necessary technical support through ZP Engineering wing and shall see that the infrastructure projects are grounded and completed as planned
Oversee the functioning of DPRC and DPMU and extend all the support required for proper functioning of DPRC /DPMU
Mobilization of Elected Representatives for Capacity Building & Training programmes through MPDOs and other field functionaries
Guide the Mandal Resource Centres/ Gram Panchayat Resource Centres and facilitate smooth functioning of these centers
Ensure effective attendance of officials at Grama Sabhas on the designated dates and issue necessary instructions to the concerned for betterment. The CEO shall send the feed back to CPR& RE
Ensure that all Mandal Parishads use the PES applications and update the online data from time to time
The CEO shall take all steps to encourage Mandal Parishads to take up the exercise of bottom up planning and facilitate convergence of line departments for preparation of an integrated district development plans as detailed in G.O. MS. No 142, PR& RD (Pts.III) Dept. dt.18.4.2008.
V. NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT (PR)
Contd.Page.16
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ANNEXURE-IX
ROLE OF DISTRICT PANCHAYAT OFFICER IN RGPSA
Create wide publicity about objectives of the scheme among the Panchayats and guide the entire Panchayat administration to implement the Programme in letter and spirit.
Assist the DPRC in successful implementation of the RGPSA scheme
Attend the RGPSA District Executive Committee meeting and place the progress before it for review and further suggestions
Responsible for achieving the annual targets set under the Programme
Review the progress of works sanctioned under RGPSA and submit Monthly Physical and financial Progress Reports to CPR& RE
Prepare Panchayat Performance Assessment Reports for incentivizing the Panchayats based on the performance
Monitor the functioning of staff in GPRCs and issue necessary instructions for proper functioning of GPRCs.
Supervise the progress of works taken up under RGPSA like Construction of GP Office Buildings, Repairs etc.,
Mobilization of Elected Representatives for Capacity Building &Training Programmes through field functionaries
Ensure timely Audit/Social audit of RGPSA accounts at Panchayat level and submit reports to the CPR&RE and initiate corrective action under intimation to the CPR&RE
Look after all HR matters of the contract staff and resolve the issues emerging from time to time
Shall attend four Gram Sabhas on the designated dates and issue necessary instruction to the concerned for betterment and send the feed back to CPR&RE
ensure that all Gram Panchayats use the PES applications and enter data from time to time
Ensure through DLPOs/E.O. (PR&RD) that all Gram Panchayats conduct the gramsabhas on designated dates and take all steps required for proper conduct of Gram Sabhas
Review periodically the functioning of PESA Gram Sabha Mobilizers and issue necessary instructions to the mobilizers for bringing vibrancy in functioning of gramsabha
Ensure timely Audit/Social Audit of RGPSA accounts of Panchayats and submit reports to the CPR&RE and initiate corrective action under intimation to the CPR&RE
The DPO shall take all steps to encourage Gram Panchayats to take the exercise of bottom up planning and facilitate convergence of line departments for preparation of an integrated district development plans as detailed in G.O.MS.No.142, PR&RD (Pts.III) Dept. dt.18.4.2008.