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ANDHRA PRADESH CONSTITUTION OF MUNICIPALITIES AND NAGAR PANCHAYATS RULES, 2019 - NOTIFICATION – ORDERS - ISSUED.

Published 07 January 2019

Department
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT
Type
Extraordinary
Gazette no.
1057
Part
PART I
Notification no.
1-(2018-2019)
Identifier
in.gazette.andhra.2019-01-07.4292
Languages
English, Telugu

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Registered No. HSE-null

PART I EXTRAORDINARY

No.12 AMARAVATI, MONDAY , JANUARY 7, 2019 G.1057 NOTIFICATIONS BY GOVERNMENT

--x--

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT (G2)

ANDHRA PRADESH CONSTITUTION OF MUNICIPALITIES AND NAGAR PANCHAYATS RULES, 2019 - NOTIFICATION – ORDERS - ISSUED.

[G.O.Ms.No.10, Municipal Administration & Urban Development (G2) Department, 07,January, 2019]

NOTIFICATION

In exercise of the powers conferred by section 326 read with Clause (42-a) of section 2 and sub-section (1) of section 2-A and sub-section (1) of Section 3 of the A.P. Municipalities Act, 1965 and in supersession of Andhra Pradesh Transitional Area and Smaller Urban Areas (Fixation of Criteria Rules, 2013) issued in G.O.Ms.No.16, MA & UD Department, Dated:16.01.2013, the Governor of Andhra Pradesh hereby makes the following Rules for Constitution of Nagar Panchayats and Municipalities.

Rules

1. Short Title:

These Rules may be called ―The Andhra Pradesh Constitution of Nagar Panchayats and Municipalities Rules, 2019 ‖.

2. Criteria for Constitution of Nagar Panchayat:

An area may be notified as ―Transitional Area ‖ (Nagar Panchayat) under Clause (42-a) of section-2 of the Andhra Pradesh Municipalities Act, 1965 if the following criteria is satisfied.

(a) Population (as per last census) : 20,000 to 40,000

(b) Density of population per Sq. Km : 400

(c) Revenue : Rs. 40.00 Lakhs

Provided that local

area with a lesser

income may also be

considered if it has

acquired urban

characteristics

(d) Percentage of employment in

in Non- agriculture activities. : 25% Provided that a local

area with lesser percentage

of employment in Non-

agricultural activities may

also be considered if it is

not more than 20 Kms.

away from a Municipality

(District Head quarter) or

Municipal Corporation

facilities and potentialities

to attract industries

(f) Other factors : Local area acquiring Urban

Characteristics

Provided that whenever a main urbanized Grampanchayat is proposed to be constituted as a Nagar Panchayat with merger of surrounding other village(s) of Grampanchayat(s), such village(s) shall fulfill the following condition:-

The proposed village(s) going to be merged shall not be more than 3 Kms. from the periphery of outer habitation of the main Grampanchayat to the outer Periphery of the habitation of village(s).

3. Criteria for Constitution of Municipality :

An area may be notified as Smaller Urban Area (Municipality) under Clause (42- a) of section-2 of the Andhra Pradesh Municipalities Act, 1965 if the following criteria is satisfied:

(a) Population (as per last census) : Above 40,000 and up to

3,00,000

(b) Density of population per Sq. Km : 500

(c) Revenue : Rs. 60.00 Lakhs Provided that local

area with a lesser income may also

be considered if it has acquired

urban characteristics

(d) Percentage of employment in

Non- agricultural activities : 40% Provided that a local area with

lesser percentage of employment in

Non-agricultural activities may also

be considered if it is not more than

20 Kms. away from a Municipality

(District Head quarter) or Municipal

Corporation.

(e) Economic importance : Availability of market facilities

and potentialities to attract

industries.

(f) Other factors : Local area acquiring Urban

Characteristics

Provided that whenever a main urbanized Gram Panchayat is proposed to be constituted as a Municipality with merger of surrounding other village(s) of Gram Panchayat(s), such village(s) shall fulfill the following condition:-

The proposed village(s) going to be merged shall not be more than 3 Kms from the periphery of outer habitation of the main Gram Panchayat to the outer Periphery of the habitation of village(s).

4. Formulation of proposal by the District Collector:

(1) Whenever a Gram Panchayat or Group of Gram Panchayats which have been developed and satisfy the criteria for constitution of Nagar Panchayat / Municipality, the District Collector concerned may formulate a proposal for constitution of a Panchayat or Gram Panchayats as a Nagar Panchayat or Municipality as the case may be.

(2) The proposal formulated by the District Collector shall contain, among others, the following information in respect of the Gram Panchayat / Gram Panchayats:

i. Population as defined in clause-(27-a) of section-2 of the Andhra Pradesh Municipalities Act, 1965 and density of population in Annexure-I

ii. Note on economic importance of Gram Panchayat(s)showing availability of market facilities, industries, availability of roads, water supply, schools & colleges, medical facilities, cinema halls and other potentialities to attract industries in Annexure-II.

iii. Profile of Gram Panchayat (s) in Annexure-III. iv. Statement showing particulars of employees working in Gram Panchayat(s) in Annexure — IV.

v. Statement showing immovable properties owned by the Gram Panchayat(s) in Annexure — V

vi. Statement showing movable properties owned by the Gram Panchayat(s) in Annexure — VI

vii. Statements showing fixed deposits and investments held by the Gram Panchayat (s) in Annexure – VII.

viii. Statement showing Demand, Collection and Balance (DCB) of taxes and non-taxes of the Gram Panchayat(s) in Annexure — VIII.

ix. Statement showing details of ongoing schemes implemented by the Gram Panchayat(s) in Annexure — IX.

x. Statement showing work and material bills and other dues payable by the Gram Panchayats(s) in Annexure — X.

xi. Statement showing the survey numbers included in the Gram Panchayat(s) village-wise in Annexure- XI.

xii. Statement showing boundary description of proposed Nagar Panchayat/Municipality in Annexure- XII.

xiii. Sketch showing the existing limits of the Gram Panchayat(s) and proposal limits of Nagar Panchayat/Municipality in Annexure-XIII 5. Role of District Collector:

Soon after finalization of the proposal relating to constitution of Gram Panchayat / Gram Panchayats as Nagar Panchayat / Municipality, District Collector concerned shall issue a show cause notice to the Gram Panchayat(s) concerned inviting its/their views on the proposal through District Panchayat Officer. The District Collector, after receipt of the views of the Gram Panchayat(s) in the form of a resolution and remarks of District Panchayat Officer thereon and after considering the same may take a view at his level and move the Government in Municipal Administration & Urban Development (MA & UD) Department with his recommendations through Commissioner & Director of Municipal Administration (CDMA) with the information as mentioned in Rule 5 (2).

6. Role of Commissioner and Director of Municipal Administration:

After receipt of the proposal from District Collector, the Commissioner& Director of Municipal Administration will scrutinize the proposal. If the proposal satisfies the criteria prescribed for constitution of Nagar Panchayat / Municipality, the Commissioner & Director of Municipal Administration shall forward the proposal to the Government in MA&UD Department with his recommendation with a suitable check slip in this matter.

7. Processing the proposal at Government Level:

After examination of the proposal received from Commissioner & Director of Municipal Administration, the Government in MA & UD Department and Panchayat Raj Department will take a final view about constitution of the Gram Panchayat / Gram Panchayats as Nagar Panchayat / Municipality.

8. Consultation with Panchayat Raj Department:

Thereafter MA & UD Department will circulate the proposal to Panchayat Raj & Rural Development (PR&RD) Department for their views in the matter. The PR&RD Department after scrutiny of the proposal will arrange to offer their views in the matter to MA & UD Department. After receipt of the views of the PR&RD Department in this matter, Government in MA & UD Department will obtain orders in circulation for constitution of Gram Panchayat/Gram Panchayat(s) as Nagar Panchayat / Municipality. An intimation will be sent to PR & RD Department about the decision of the Government in this matter.

9. De-notification of Gram Panchayat(s):

After receipt of the decision of the MA & UD Department, the PR & RD Department will issue a show cause notice to Gram Panchayat(s) concerned for sending the views of the Gram Panchayat(s) in the form of a resolution within ten days to the proposal for de-notifying the Gram Panchayat(s). If the Gram Panchayat passes resolution agreeing to the proposal, the PR & RD Department will take action to de-notify the Gram Panchayat. If the Gram Panchayat(s) passes or pass a resolution disagreeing to the proposal, the PR & RD Department in the Government will issue a show cause notice under Section 246(2) of A.P. Panchayat Raj Act, 1994 to the Gram Panchayat(s) giving an opportunity for explanation as to why the resolution should not be cancelled since it is against the provisions of Law for constitution of Nagar Panchayat/Municipality. Thereafter the Government consider the explanation of the Gram Panchayat(s) and issue orders cancelling the resolution of the Gram Panchayat(s) as per Section 246 of A.P. Panchayat Raj Act, 1994. After receiving the resolution of Gram Panchayat(s) agreeing for de- notification of the Gram Panchayat(s) or after cancellation of the resolution of the Gram Panchayat(s), if the Gram Panchayat(s) does/do not agree for de-notification, the PR & RD Department will put up a draft notification denotifying the Gram Panchayat(s) and send the file to MA & UD Department for preparing the draft notification for constituting a Nagar Panachayat /Municipality.

10. Issue of Notifications of PR& RD Department and MA & UD Department

After receipt of the file from PR & RD Department, the MA & UD Department will prepare a notification specifying the concerned area of Gram Panchayat / Panchayats as Transitional Area / Smaller Urban Area. to show that Nagar Panchayat/Municipality is deemed to have been constituted for such area. The notifications of PR & RD Department denotifying Gram Panchayat(s) and of MA&UD Departments specifying the areas as Transitional Area / Smaller Urban Area would be finalized by the latter Department and the notifications will be issued simultaneously and on the same day. The two notifications will also be published in the Andhra Pradesh Gazette on the same day.

11. Constitution of Nagar Panchayat / Municipality:

After issue of notification constituting a Nagar Panchayat / Municipality by the Government, the C&DMA will forward a copy of the information received from the District Collector concerned as mentioned in Rule 5(2) to the Special Officer appointed for Nagar Panchayat / Municipality. The Special Officer shall take charge of all movable and immovable properties, fixed deposits and investments and all office records of Gram Panchayat and submit a detailed report in this matter to C&DMA along with information in Annexures- IV to XII.

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

Annexure — I

Population of Gram Panchayat / Gram Panchayats

Name of the Grampanchayat

Name of the Mandal

Name of the District

Population as defined in Section 2 (27a) of APM Act. 1965.

a) Population as per 2001 census :

Males :

Females :

Total :

Density of population :

b) Population as per 2011 census :

Males :

Females :

Total :

Density of population :

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

Annexure — II

Note on economic importance

Name of the Grampanchayat :

Name of the Mandal :

Name of the District :

Items to be included in the note :

i) Availability of market facilities

ii) Availability of industries

iii) Availability of roads

iv) Availability of water supply

v) Availability of schools and colleges

vi) Availability of medical facilities

vii) Availability of cinema halls

viii) Potentialities to attract industries

ix) Any item relevant to economic importance

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

Annexure — III

Profile of Grampanchayat (s )

Name of the Grampanchayat : Name of the Mandal : Name of the District :

Sl.No Item Units Detail NaN
1 2 3 4 NaN
1. General NaN
1-1 Year of Constitution as Grampanchayat. Year NaN
1-2 No. of Grampanchayat proposed for merge into N.P/ Municipaliity Nos. NaN
If so, specify the names of Grampanchayats NaN
1-3 Names of the religions included in Grampanchayat NaN
1-4 Area Sq. Km NaN
1-5 Grade of the Grampanchayat Grade NaN
1-6 Population 2001 Census Male Female Total NaN
2011 Census Male Female Total NaN
1-7 Existing No. House holds ( Gram Panchayat wise) Nos. NaN
1-8 Existing No. Wards (Gram Panchayat wise) Nos. Nos. NaN
1-9 Slums Notified NaN
Non-Notified Nos. NaN
1-10 Slum population Nos. NaN
1-11 Annual income (incl. grants) during the last 3 years Rs. In Lakhs Year- Amount Year- Amount Year - Amount NaN
NaN
1-12 Annual expenditure during the last 3 years Rs. In Lakhs Year- Amount Year- Amount Year - Amount NaN
NaN
2. Civic Infrastructure NaN
2-1 CC Roads Length in Kms NaN
2-2 BT Roads Length in Kms NaN
2-3 WBM/Metal Roads Length in Kms NaN
2-4 Motorable Kutcha Roads Length in Kms NaN
2-5 Non-Motorable Kutcha Roads Length in Kms NaN
2-6 Pucca Drains Length in Kms NaN
2-7 Kutcha Drains Length in Kms NaN
2-8 Street Lighting -Central Lighting/ High mast lights Nos. NaN
2-9 Street Lighting -Sv Lamps Nos. NaN
2-10 Street Lighting -Tube Lights Nos. NaN
2-11 Street Lighting - Bubls Nos. NaN
2-12 Source of Water supply River/Canal/Borewell NaN
2-13 Protected Water Supply Scheme available Yes/No NaN
2-14 If PWS is available, House Service Connections No. of Taps NaN
2-15 Public Taps Nos. NaN
3. Social Infrastructure NaN
Hospitals NaN
3-1 Government Hospitals Nos. NaN
3-2 Primary Health Centers Nos. NaN
3-3 Private Hospitals Nos. NaN
Schools NaN
3-4 High Schools a) Maintained by zilla Parishad Nos NaN
b) Maintained by Govt., Nos NaN
C) Private Schools Nos NaN
3-5 Upper Primary Schools a) Maintained by Mandal Parishad Nos NaN
b) Maintained by Govt., Nos NaN
C) Private Schools Nos NaN
3-6 Primary Schools a) Maintained by Mandal Parishad Nos NaN
b) Maintained by Govt., Nos NaN
C) Private Schools Nos NaN
3-7 Colleges a) Maintained by Mandal Parishad Nos NaN
b) Maintained by Govt., Nos NaN
3-8 other Educational Institutions (give details) a) Maintained by Mandal Parishad Nos NaN
b) Maintained by Govt., Nos NaN
O thers NaN
3-9 Agriculture Market Committee Yards Nos. NaN
3-10 Burinal Grounds Nos. NaN
3-11 Vegetable Markets Nos. NaN
3-12 Slaughter House Nos. NaN
3-13 Parks and Play grounds Nos. NaN
3-14 Community Halls Nos. NaN
3-15 Anganwadi Centres Nos. NaN
3-16 Lakes / tanks Nos. NaN
3-17 Community Toilets complexes Nos. NaN
3-18 Industries Nos. NaN
3-19 Solid Waste Dumping Yard Extent NaN
4. Immovable properties NaN
4-1 Buildings Nos. NaN
4-2 Open lands Nos. Areas in acres NaN
4-3 Parks Nos. NaN
4-4 Shops owned by Grampanchayat Nos. NaN
4-5 Others (Specify) Nos. NaN
5. Movable Properties NaN
5-1 Vechicles Type of Vechicle NaN
Nos. NaN
5-2 Furniture Type of Furniture NaN
Nos. NaN
5-3 Others (Specify) NaN
6. Civil Society Organisations NaN
6-1 SHGS Nos. NaN
6-2 Voluntary Organisations Nos. NaN
6-3 Colony Welfare Association Nos. NaN
6-4 Civic Exnora Societies Nos. NaN
6-5 NGOS Nos. NaN

Signature of DPO

__________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

Annexure — IV

STATEMENT SHOWING THE PARTICULARS OF EMPLOYEES WORKING

IN THE GRAMPANCHAYAT (S)

Name of the Grampanchayat :

Name of the Mandal : Name of the District :

S.No Name of the post No.of posts sanctioned Scale of pay sanctioned No. Working No. Vacant No. Vacant Proceedings/ G.O No. Sanctioning the post (copy to be attached) Source of payment of salaries
1 2 3 4 5 6 7 8
1 Executive Officer Grade- I
2 Executive Officer Grade- II
3 Panchayat Secretary
4 Senior Assistant
5 Junior Assistant/LDC
6 Typist
7 Sanitary Inspector
8 Record Assistant
9 Bill Collector
10 Driver (Category Wise)
11 Turner
12 Fitter
13 Sanitary Maistry/ Jawan
14 Attenders
15 Swepeers
16 Lineman
17 Electrician
18 Tracer
19 Any other Category(specify)

Signature of DPO

__________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

Annexure — V

STATEMENT SHOWING IMMOVABLE PROPERTIES OWNED BY THE

GRAMPANCHAYAT (S)

Name of the Grampanchayat :

Name of the Mandal :

Name of the District :

(A) Details of Lands Owned as on _________________________

Sl.No Nature of Land Location Survey No. Area(in acres/sq.mt) Present use of the land Title Document No. if any Remarks
1 2 3 4 5 6 7 8
1 Park
2 Play Ground
3 Open Space
4 others(specify)

(B) Details of Building Owned as on__________________________

Sl.No Type of Building Location Survey No. Plinth Area in sft Adjacent Area in sq.m Present use of the Building Document No if any Remarks
1 2 3 4 5 6 7 8 9
1
2
3
4

(C) Details of Tanks as on_____________________________

Sl.No Description of the tank/pond Location Survey No. Area of the Tank/Pond (Acres/Sq. Mtrs) Whether FTL Fixed Name of the owner of the tank Remarks
1 2 3 4 5 6 7 8
1
2
3

Signature of DPO

__________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

Annexure — VI

STATEMENT SHOWING DETAILS OF MOVABLE PROPERTIES OWNED BY

THE GRAMPANCHAYAT (S)

Name of the Grampanchayat : Name of the Mandal : Name of the District :

(A)Details of Vechicles owned as on_________________

Sl.No Type of Vechicle (Tractor, jeep Specify) Age of the Vehicle(in years) Registr ation No.(RC book) Engine No. Chass is No. Condition of Vechicle Docum ent No if any Remarks
Working Non- Working
1 2 3 4 5 6 8 9
1
2
3

(B)Details of other Movable Properties owned as on_________________

Sl.No Nature of Movable Property Nos. Condition Remarks
1 2 3 4 5
1
2
3

(C)Details of Funds available as on ____________________________

Sl.No Nature of the Bank where Panchayat funds are lodged Balance in the Bank Name of the scheme to which the funds relate
1 2 3 4
1
2
3

Signature of Panchayat Secretary/ Signature of DPO

Exe. Officer grade____________ __________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(14)

Annexure — VII

STATEMENT SHOWING FIXED DEPOSITS AND INVESTMENTS HELD BY

THE GRAMPANCHAYAT (S)

Name of the Grampanchayat : Name of the Mandal : Name of the District :

Details of Deposits /FDRs/Investments

SL. No Specify the funds from which FDR/In vestmen t made FDR/Inves tment No. FDR/Inv estment Date Blank/ Institution Name where amount is deposited/i nvested Amount deposited/ Invested (Rs) Amount of Interest receivable from the last receipt till the cut- off date(Rs.) Maturit y date Remar ks
1 2 3 4 5 6 7 8
1
2
3
4

Signature of Panchayat Secretary/ Signature of DPO

Exe. Officer grade____________ __________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(15)

Annexure — VIII

STATEMENT SHOWING DCB OF TAXES AND NON- TAXES

GRAMPANCHAYAT (S)

Name of the Grampanchayat :

Name of the Mandal :

Name of the District :

(A)DETAILS OF THE DCB FOR THE LAST THREE YEARS

Sl.N o Year Taxes Non - Taxes
1 2 Deman d Collection Balance Percentag e of collection Demand collection Balance Percentag e of collection
3 4 5 6 7 8 9 10
1
2
3 Assigned Revenues Non- Taxes Remarks
Demand Collection Balance Percentage Demand Collection Balance Percentage
11 12 13 14 15 16 17 18 19

(B) DETAILS OF GRANT RECEIVED DURING THE LAST THREE YEARS

Sl.No Year Name of the Grant Name of the Scheme Purpose Received in the shape of cash or other form Amount Receive Amount of gift utilized
1 2 3 4 5 6 7 8
1
2
3
Total
(16)

(C)DETAILS OF GIFTS/CONTRIBUTION RECEIVED DURING LAST THREE

YEARS

Sl.No Year Name of the Agency donating Gift or Contribution Purpose Received in the shape of cash or other form Amount Received Amount of gift utilized
1 2 3 4 5 6 7
1
2
3
Total

Signature of Panchayat Secretary/ Signature of DPO

Exe. Officer grade____________ __________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(17)

Annexure — IX

DETAILS OF ONGOING SCHEMES IN GRAMPANCHAYAT(S)

Name of the Grampanchayat : Name of the Mandal : Name of the District :

Sl. No Name of the Project (scheme wise) Location of the project Year in which sanctio ned Work order No. with date Estimat ed cost Amount already paid Balance to be paid Source of funds Proposed date of completio n of the project
1 2 3 4 5 6 7 8 9 10
1
2
3

Signature of DPO

__________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(18)

Annexure — X

STATEMENT SHOWING WORKS/MATERIALS BILLS AND OTHER DUES

PAYABLE BY GRAMPANCHAYAT(S)

Name of the Grampanchayat :

Name of the Mandal :

Name of the District :

Sl.No Name of the Contractor / Supplier Name of the work/Material supplied Amount payable in Rs. Purpose of the Material procured Remarks
1 2 3 4 5 6
1
2
3
4 other dues(Specify)

Signature of DPO

__________District

___________Grampanchayat

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(19)

Annexure — XI

STATEMENT SHOWING THE SURVEY NUMBERS INCLUDED IN THE

GRAMPANCHAYAT(S) VILLAGE-WISE

Name of the Grampanchayat : Name of the Mandal : Name of the District :

Sl.No Name of the Village Survey No. included Extent (if available)
(1) (2) (3) (4)

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(20)

Annexure — XII

STATEMENT SHOWING THE BOUNDARY DESCRIPTION OF PROPOSED

NAGAR PANCHAYAT/MUNICIPALITY

North: Starting from ______________________________till it reaches_____________________ West: Starting from ______________________________till it reaches_____________________ South: Starting from ______________________________till it reaches_____________________ West: Starting from ______________________________till it reaches_____________________

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(21)

Annexure — XIII

SKETCH SHOWING THE EXISTING LIMITS OF THE GRAM PANCHAYAT(S)

AND PROPOSAL LIMITS OF NAGAR PANCHAYAT/MUNICIPALITY

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

(22)
Cite this issue. Andhra Pradesh Gazette, Government of Andhra Pradesh, 07 January 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.andhra.2019-01-07.4292/. Archive identifier in.gazette.andhra.2019-01-07.4292.