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Rules relating to Andhra Pradesh Gram Panchayat (Protection of property) Rules

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

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

PANCHAYAT RAJ AND RURAL DEVELOPMENT (Pts.IV) DEPARTMENT

G.O.Ms.No. 188

Dated: 21st July, 2011 Read the following:

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

ORDER:

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

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

NOTIFICATION

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

1. Short title:

RULES

(i) These rules may be called the Andhra Pradesh Gram Panchayats (Protection of property) Rules, 2011.

(ii) These rules shall come into to force with immediate effect. 2. Classification of Gram Panchayat properties :

(1) The lands belonging to Gram Panchayats shall be classified into three categories as follows:

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(i) CATEGORY-A: OWN AND ACQUIRED

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

(ii) CATEGORY-B: GIFTS, DONATIONS, TRANSFER OF LANDS to Gram Panchayats.

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

(iii)

(2) The Gram Panchayats shall keep on accumulating properties (category A & B) year by year perpetually, as and when new Layout plans are approved in Gram Panchayat area.

(3) In respect of lands identified under categories A & B, the responsibility of protection of such lands lies solely with the Gram Panchayat.

(4) In respect of category 'C' lands, the Protection of such lands lies not only with Gram Panchayat but also with Revenue Department.

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

(a) Preparation of inventory:

(i) The executive authority (Panchayat Secretary) of the Gram Panchayat shall prepare inventory of landed properties of the Gram Panchayats based on FMB (Field Measurement Book) / FSA (Field Survey Atlas) and field inspections.

(ii) District Collectors shall instruct the Tahsildars to provide the above information to the executive authority (Panchayat Secretary).

(iii) Web based solutions may be evolved over a period of time to locate Gram Panchayat lands in the public domain.

(b) Validation in Gram Sabha and Gram Panchayat:

(i) After obtaining the land inventory details the executive authority (Panchayat Secretary) shall convene Grama Sabha and validate the information.

(ii) Later the Gram Panchayat shall convene its meeting to discuss and approve the land inventory details by passing a resolution.

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(iii) If any objections are received in the Grama sabha and Grama Panchayat meetings, the same shall be settled as per the recorded evidence.

(c) Gazette publication and placing in web:

(i) The Gram Panchayat land inventory details approved by the Gram Panchayat shall be published in the District Gazette.

(ii) The information published in the district Gazette may be placed in the web domain and updated from time to time.

4. EVICTION OF ENCROACHMENTS:

(i) Where it is brought to the notice that any property of the Panchayat is under occupation of any persons the Executive authority (Panchayat Secretary) shall serve a notice to the party concerned and give a brief hearing before proceeding for eviction.

(ii) Suitable orders shall be passed by the Executive authority (Panchayat Secretary) before actual eviction takes place.

(iii) The Divisional Panchayat Officer will conduct a monthly review of these cases for protecting Gram Panchayat properties in his jurisdiction through monitoring the process of eviction. He will also give periodical reports to District Panchayat Officer, who will review the cases once in two months.

(iv) The Executive authority (Panchayat Secretary) may take necessary assistance from the police as per section 139 of the Andhra Pradesh Panchayat Raj Act'1994.

(v) The evicted property of the Gram Panchayat shall be protected by making fencing or by constructing a compound wall depending on the value of the property and by displaying a notice board.

(vi) A permanent register on encroachment of Panchayat properties shall be maintained in all Gram Panchayats and the same will be validated in the Gram Sabha and Gram Panchayat meetings at least twice in a year.

(vii) Aggrieved parties may file representations to the Executive authority (Panchayat Secretary) concerned by marking a copy to the Divisional Panchayat Officer.

(viii) The petitions filed by the aggrieved parties will be monitored and disposed of by the Divisional Panchayat Officer / District Panchayat Officer.

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

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

7. At District level a High Power Committee shall be constituted with the following Officers to meet every three months and review the progress of identification and removal of encroachments. 1) District Collector Chairman 2) Joint Collector Member 3) Superintendent of Police Member 4) Superintending Engineer (P.R) Member 5) Superintending Engineer (R&B) Member 6) Superintending Engineer (Irrigation) Member 7) Assistant Director (Survey & Land Records) Member 8) Assistant Director (Mines) Member 9) District Panchayat Officer Member Convenor

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

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

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

Dr. RAJIV SHARMA PRINCIPAL SECRETARY TO GOVERNMENT

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

//FORWARDED BY ORDERII

SECTION OFFICER

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DEVIATION TO THE ESTIMATE

DEVIATIONS TO THE

ESTIMATES

PREPARATION OF ESTIMATES

Estimate is the key document for any project.

Consists of:

Detailed Report on the project

Lead Statement

Rates for the items

Detailed Specifications

Detailed Measurements and Quantities

Abstract Estimate showing the total estimate cost

Drawings

PREPARATION OF ESTIMATES

While preparing estimate a detailed report to be made on

purpose of the project,

• necessity of the project,

benefits that will be achieved,

key parameters considered in most economical design,

detailed specifications,

method of financing, etc.

In case of a project consisting of several works, the detailed measurements and abstract estimates may conveniently be prepared for each work, supplemented by a General Abstract bringing all the estimates together

PREPARATION OF ESTIMATES

Detailed Estimates must be prepared before obtaining Administrative Sanction

Things to be considered during preparation of estimates:

Soil Characteristics for arriving at the type of foundation

Safe Bearing Capacity of Soil for structural designs

Alignment of Pipelines, Drains, Roads etc.

Considering the existing Infrastructure,

Parameters such as population, quantity of water required etc. in case of Water Supply project, Sullage/ Sewage to be discharged in case of UGD network, Storm Water to be discharged in case of Drains etc.

Plans, Drawings & Designs for arriving at possible quantities of items

PREPARATION OF ESTIMATES

Rates for items proposed in the Estimate

Lead Statement is the basic document from which the rates for individual materials i.e. Coarse Aggregates, Fine Aggregates, Bricks etc. is arrived

Lead i.e. Distance of source of material from the ULB is fixed by the R&B Department and is adopted in the estimates. The lead statement included in the estimate is to be approved by the Executive Engineer of the ULB or PH Division concerned.

Schedule of Rates is an Annual Document approved and published by the Board of Chief Engineers[BOCE] containing standard rates for all items collectively, which are to be adopted by all Engineering Departments in preparation of Estimates.

Government servants should treat the rate and cost amount arrived against each item in estimate and the abstract showing the total estimated cost of a work or part of a work as strictly confidential a a

All an

PREPARATION OF ESTIMATES

Provisions to be made in the Estimate

Statutory Taxes such as Goods & Service Tax @ 12% on Works Contracts, 18% on Supply Contracts/ Works Contracts that generates Revenue, 5% for works which contain predominantly earthwork

NAC @ 0.10%, Seigniorage Charges

Payments to be made towards inter-departmental charges i.e. NHAI, Railways, AP DISCOMS etc.

Provision towards APPMS @ 0.15%

Provision towards Price Adjustment

Provision towards unforeseen items (which are likely to be encountered during execution)

Revised Estimates - Likely Reasons

A Revised technical estimate must be submitted when the expenditure is likely to exceed the amount of sanctioned estimate.

A Workslip must be submitted as when deviations are found in the quantities of items proposed for execution or Items which are not proposed in the original estimate are to be taken up for execution.

A Workslip has to be formulated during the course of execution of work and the expenditure is well within the original administrative sanction amount

Deviation is a form of Workslip, but devloped after completion of the work (or) at the end of work and when no further variations are necessitated in the work.

Revised Estimates/ Workslip/Deviation must be accompanied by a report showing the progress made to date and explaining the cause(s) of the revision

Revised Estimates - Likely Reasons

Inadequate investigations in respect of Site conditions, alignment etc.

Changes in specifications of items

Improper estimating :

Preparation of estimates in a slipshad manner - Omission of important items of works Poor-estimation of Safe Bearing Capacity resulting in wrong choice of foundation. ► Mistakes in working out of quantities and rates of items of work Changes in Quarries and leads of materials

Change in design, alignment and scope of the Scheme

► Inclusion of new items which are not

iginally contemplated

Changes in Soil Specifications

Revised Estimates - Likely Reasons

Delay in execution of the project is one of the prime reason for Escalation in project cost due to

increase in prices

Land Acquisition costs

Due to conditions beyond the control of department for example:

Increase in cost of rising cost of works that are spread over a long period

Increase in schedule of rates on labour and materials

Increase in cost of controlled materials i.e. steel, cement, bitumen etc.

Increase due to change of foundation

Revised Estimates

- Remedial Measures

Deviations in the estimates should be kept to minimum, if not entirely eliminated

Deviations can be kept to minimum with thorough and detailed inspection of sites and should cover

The suitability of site

Suitability of foundation

Adequacy of design

Soils and materials (qualitative and quantitative) and leads

Soil classification

► Dewatering

Land acquisition etc.

Revised Estimates - Remedial Measures

The Departmental officials should inspect works before technical sanction is accorded by

competent authority as per the monetary limits indicated below:

Engineer-in-Chief/ Chief Engineer

Superintending Engineers

Executive Engineers

- Rs.2 Crs and above

- - Rs.0.40 Crs to Rs. 2 Crs.

- up to Rs. 0.40 Crs.

Revised Estimates - Approval

Without sanction from competent authority, expenditure in excess of provision or changes in scope of work should not be done.

The departmental officers have powers to accept the tenders and execute works with excess quantities only up to the limits specified.

If excesses are beyond their competency to approve, the revised estimates have to be sanctioned by Government.

Abuse of powers by departmental officers in incurring expenditure beyond the limit specified is an offense of serious nature.

Revised estimates must be submitted to competent authority for approval as soon as the excesses / deviations in the estimate are found necessary or unavoidable.

Excess expenditure should not be incurred without prior approval of competent authority.

Revised Estimates - Approval - Powers

Powers delegated to Engineers to accord excess over estimates as per G.O. 1007 T,R&B, Dt:05-11-1976

Government

Chief Engineer

Superintending Engineer

All excess of more than 15% of the amounts of original estimate sanctioned

All excess of not more than 15% of the amounts of original estimate sanctioned by him or by a higher authority i.e. E-n-C

All excess of not more than 10% of the amounts of original estimate sanctioned by him or by a higher authority.

The total amount of excess shall be within the limit of his powers to sanction estimates technically i.e. Technical Sanction

A S.E. has no power to sanction any excess over a revised estimate sanctioned by a higher authority

Revised Estimates - Approval - Powers

Powers delegated to Engineers to accord excess over estimates as per G.O. 1007 T,R&B, Dt:05-11-1976

Executive Engineer

All excess of not more than 5% of the amounts of original estimate sanctioned by him or by a higher authority.

The total amount of excess shall be within the limit of his powers to sanction estimates technically i.e. Technical Sanction

A E.E. has no power to sanction any excess over a revised estimate sanctioned by a higher authority

Revised Estimates - Approval - Powers

. The Govt. vide G.O. Ms. No. 504 M.A. & U.D. (A1) Dept., Dt:12-07-2007 issued orders approving Engineering, Procurement & Construction (EPC) system of procurement for implementation projects/works sanctioned with an estimated cost of Rs.10.00 Crores in all the ULBs costing expeditions completion of work.

the of for The Govt. constituted three (3) Committees to exercise the functions as shown below:

Committee-I

Committee-II Committee-III

Approval of Technical Parameters such as Scope, Objective & final deliverables of the Project, IBM/ deciding basic parameters/approval of live bid documents/evaluation criteria, payment schedule Approval of Technical Evaluation for opening of price bids Approval of extension of time beyond six months/ amount to be paid to the contractor for additional work / deviations for item. i) Not contingent to the main work. ii) Contingent but outside the scope of original contract

Revised Estimates - Approval - Powers

The Govt. vide G.O. Ms. No. 168 M.A. & U.D. (Budget) Dept., Dt:01-07-2016 constituted Members of Committee -III as follows:

Committee-III Approval of extension of time beyond six months/ amount to be paid to the contractor for additional work / deviations for item. i) Not contingent to the main work. ii) Contingent but outside the scope of original contract Members 1) Chief Engineer (PHMED), A.P. 2) Representative from MA&UD Department, A.P. 3) Representative from Finance Department, A.P. 4) Commissioner (ULB concerned) for ULB tenders. 5) Chief Engineer / Superintending Engineer/Executive Engineer of concerned ULB/SE(PH)

The Government vide G.O. Ms. No. 222 M.A. & U.D. (Budget) Department, Dated. 08.06.2017 have

issued orders to extent the guide lines in finalizing the tender for the Non-Engineering Procurement and Construction (Non - EPC) works also under similar analogy of the Government orders issued above for Engineering Procurement and Construction (EPC)Works.

•

IMPORTANT LITERATURE

Andhra Pradesh Public Works Department Code

Para No. 84, Para No. 112, Para No. 113, Para No. 154,

Andhra Pradesh Detailed Standard Specifications

G.O. 1007 T,R&B, Dt:05-11-1976

G.O. Ms. No. 504 M.A. & U.D. (A1) Dept., Dt:12-07-2007 G.O. Ms. No. 168 M.A. & U.D. (Budget) Dept., Dt:01-07-2016 ► G.O. Rt. No.668 M.A. & U.D. (Budget) Dept., Dt:10-07-2018

Revised Estimates

A Project with no (or) minimal revisions acts as a Key Performance Indicator of capabilities of any Engineer.

Minimum (or) No variations in estimates can be achieved by performing preliminary surveys and investigations at the inception stage of the project scrupulously, duly following all the Engineering Practices.

Closing the projects within the stipulated Time and Sanctioned Amount leads to financial discipline results in savings to the Govt. ex-chequer.

TRANSFER OF STATE GOVT LANDS

Transfer of State Govt. Lands:

A) Under B.S.O. 22 Para 8, the Collectors are empowered to transfer Govt. lands from one Dept. to another subject to the following conditions : 1) That there are no requests for the land from another Govt. Dept. besides the one to which it is proposed to be transferred; 2) That the land is not transferred to a Commercial Govt. Dept.,

3) That only vacant land is involved

4) That in every case, where the land is taken away from the Control of one Dept. to another, the consent of the Head of the Dept. concerned is obtained before the transfer is effected; and

5) That the competent authority, viz., the Collector ensure that the purpose for which the land is transferred is fulfilled in a reasonable time otherwise the orders of the transfer should be revoked and the land can be resumed by the Rev. Dept.

B) Under B.S.O. 23 para 1, the Collectors are empowered to transfer State Govt. lands to Railways and other Central Govt. Depts. for bonafide purpose upto value of Rs. 25,000/- or upto Ac. 0-50 cts. whichever is less (G.O.Ms.No. 635, Rev. Asn. Dept., Dt. 2-7-90) on permanent basis on payment of M.V.

AP Engineers Hub

ASSIGNMENT

AP Engineers Hub to

Assignment of Govt. land means grant of land at the disposal of Government individuals / Institutions and firms either on payment of value or free of cost.

B.S.O. 15 contains the basic rules and regulations. Govt. lands which are classified as Assessed and unassessed waste lands which are prima facie unobjectionable for assignment and porambokes which are prima facie unobjectionable can be assigned after duly following the prescribed procedure.

The following categories of lands are prohibited from assignment. 1. . Tank beds, foreshore of tank beds, cattle stand, burial grounds, grazing grounds, lands reserved for depressed classes or for any public purpose.

Watercourse porambokes, lands in the vicinity of reserved forests, lands containing topes or valuable trees, lands within cantonment limits, lands reserved u/s 26 of Forest Act, lands within Port limits, lands in the vicinity of Railway Stations, Aerodromes or landing grounds, lands containing minerals, quarries etc., lands within the flood banks of rivers padugais.

Govt. lands in towns, municipalities, Dist.Hqrs. And within periphery of one mile (G.O.Ms.No. 1122, Rev.29-6-61, read with G.O.MMS.No. 1409, Rev. dt.(198-78).

Assignment / alienation of tank bed lands should not be done without prior permission of CCLA/Government.

Assignment / Alienation of Govt. lands free of cost to State undertakings / public institution, coop institutions market committees is prohibited vide G.O.Ms.No.700, Rev 20-6-86.