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<title><![CDATA[The Andhra Pradesh  Exhibition of Films on Television Screen through  Video Cassette Recorders (Regulation) Rules, 2006 ]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-exhibition-of-films-on-television-screen-through-video-cassette-recorders-regulation-rules-2006/</link>
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<description><![CDATA[GOVERNMENT OF ANDHRA PRADESH Image via Wikipedia ABSTRACT Videos – The Andhra Pradesh Exhibition of]]></description>
<content:encoded><![CDATA[<pre><a class="zem_slink" title="Government of Andhra Pradesh" href="http://en.wikipedia.org/wiki/Government_of_Andhra_Pradesh" rel="wikipedia">GOVERNMENT OF ANDHRA PRADESH</a></pre>
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<pre>ABSTRACT
Videos – The <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a>  Exhibition of Films on Television Screen through
<a class="zem_slink" title="Videocassette recorder" href="http://en.wikipedia.org/wiki/Videocassette_recorder" rel="wikipedia">Video Cassette Recorders</a> (Regulation) Rules, 2006  -  Issued.
-------------------------------------------------------------------------------------------------------------------
         HOME (GENERAL.A) DEPARTMENT
G.O. Ms. No. 251.         Dated: 10 -10 -2006.
                                                                                                          Read the following:-
            1.  G.O.Ms.No.79 Home(Genl.A2)Dept., Dated 30-4-2005.
2.   Govt.Memo.No.8875/Genl.A2/2005-2,  Dt.2-6-2005.
            3.  Govt.Memo.No.20471/Genl.A2/2005-1 dated 14-2-2005.
            4.   From the <a class="zem_slink" title="Director General of Police" href="http://en.wikipedia.org/wiki/Director_General_of_Police" rel="wikipedia">Director General of Police</a>, AP, Hyd.,
                   Lr.No.156/A2/2005,  dated 20-09-2005.
5. Chief Electrical Inspector, A.P., Lr.No. CEIG/Hyd/Cinemas/D.No.1456/
     2006, dated 8-5-2006.
6. From the Director-General of Fire Services, A.P., Lr.Rc.No. 2652/B1/
2004, dated 9-5-2006.
***
ORDER:
The following Notification will be published in the Extra-ordinary issue of Andhra
Pradesh Gazette dated  13-10-2006.
NOTIFICATION
In exercise of the powers conferred under Section 20 of the Andhra Pradesh
Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation)
Act, 1993 (Act 12 of 1993) as amended by the Andhra Pradesh Exhibition of Films and
Television Screen through Video Cassette Recorders (Regulation) Amendment Act, 2005
(Act No. 13 of 2005) and in supersession of the existing provisions applicable to the public
exhibition of films on video in the Andhra Pradesh Cinemas (Regulation) Rules  1970,   the
Government of Andhra Pradesh hereby makes the following rules,  namely:-
     CHAPTER – 1
       Preliminary
1.  Short Title:   These rules may be called the Andhra Pradesh Exhibition of  Films on
Television Screen through Video Cassette Recorders (Regulation) Rules, 2006.
2.  Definitions:   In these rules unless the context otherwise requires: -
     1 (a) “Act” means the Andhra Pradesh Exhibition of Films on Television Screen through
Video Cassette Recorders (Regulation) Act, 1993.
(b)  “Building” means a building as defined in the A.P. Cinemas (Regulation)
       Rules, 1970,
(c) “DVD” means Digital Versatile/Video Disc;
(d) “Film” includes cinematograph film or video tape through which any series of
visual images recorded on material can be shown as a moving picture,
(e) “Form” means the form set-out in the schedule to these rules,
     (f)  “Licensing authority” means the Commissioner of Police concerned in the twin
     cities of Hyderabad (Hyderabad and Secunderabad), <a class="zem_slink" title="Hyderabad, India" href="http://maps.google.com/maps?ll=16.9833333333,79.0&#38;spn=1.0,1.0&#38;q=16.9833333333,79.0 (Hyderabad%2C%20India)&#38;t=h" rel="geolocation">Cyberabad</a>, Vijayawada
and Visakhapatnam and elsewhere the Collectors of the District,
……22
      (g)   “<a class="zem_slink" title="Local government" href="http://en.wikipedia.org/wiki/Local_government" rel="wikipedia">Local Authority</a>” means, -
(1)   A Municipal Corporation constituted under any law for the time being
       in force,     or
(2) A Municipal Council constituted under the A.P. Municipalities Act. 1965.
(3) A  Panchayat constituted under the A.P. Gram Panchayats Act. 1964.
      (h)       “Pirated Cassette” means a film or DVD or VCD or any mode of film produced
  through Multi-System Operation or <a class="zem_slink" title="Cable television" href="http://en.wikipedia.org/wiki/Cable_television" rel="wikipedia">Cable Television</a> Network which was
  produced without copyright in relation to a Cinematograph Film or a record
embodying any part of sound track associated with the film,
(i)         “Programme” means any television broadcast and includes,-
(i) exhibition of films, features, dramas, advertisements and serials
     through video cassette recorders or video cassette players or
VCDs or <a class="zem_slink" title="DVD" href="http://en.wikipedia.org/wiki/DVD" rel="wikipedia">DVDs</a>,
(ii) any audio or visual or audio-visual live performance or
      presentation; and the expression “programming service” shall be
                                   construed accordingly;

( j)    “Section”  means a section of the Act.
(k)    “VCD” means <a class="zem_slink" title="Video CD" href="http://en.wikipedia.org/wiki/Video_CD" rel="wikipedia">Video Compact Disc</a>;
(l) “Video Cassette Recorder” means a cinematography for the purpose of giving
cinematography exhibition of films recorded on <a class="zem_slink" title="Videotape" href="http://en.wikipedia.org/wiki/Videotape" rel="wikipedia">video cassette tape</a> including V.C.Ds
and D.V.D.s or any other mode of recording or exhibition.
(m)  “Video library” means a place by what ever name called, where the business of
          selling, letting on hire, distribution, exchange or putting into circulation in any
manner whatsoever, of films for the purpose of exhibition is carried on.

(2)   Words and expressions used in these rules but not defined therein shall have the
   same meaning assigned to them in the Act.
3.   Interpretation of Rules:   If any doubt arises in  respect of interpretation of these
      rules, otherwise than in connection with the prosecution for an offence, the same
shall be referred to the Government whose decision  there on shall be final.
4.  Application of rules made under other Acts:
(1) All rules made from time to time  under (1) the Andhra Pradesh (Andhra area) places
of Public Resort  Act. 1818 (Act. I of 1818), (2) The Andhra  Pradesh Municipalities Act.,
1965 (Act. VI of 1985), (3) The Hyderabad Municipal Corporation Act., 1955 (Act. II  of
1956) (4)  The Andhra Pradesh (Andhra  Area) District Boards Act., 1920 (Act. XIV of 1920)
(5) The Andhra Pradesh (Andhra Area) Town Planning Act. 1920 (Act. VII of 1920), (6) A.P.
Gram Panchayats Act, 1964 (Act. II of 1964), (7) The Copyrights Act 1957 and  the
Copyright Rules, 1958 (8) The Cable Television Networks (Regulation) Act., 1995 and the
Rules made there under (9) The Cinematograph Act., 1952  and the rules made  there
under  (10) The A.P. Cinemas (Regulation) Act, 1955 and A.P.  Cinemas (Regulation)
Rules 1970, relating to matters referred to in section 6 of the Act and in force immediately
before the publication of this notification  in the Andhra Pradesh gazette, shall so far as
may be, apply to the matters afore said.
(2) All references to a Municipal council or Chairman or executive authority  thereof, or
the District Board or the president or executive authority to the Panchayat in any rule
referred to in sub rule (1) shall be construed as reference to the licensing authority under
the Act for the purposes specified in section 6 of the Act.
          …….33
    CHAPTER - 2
Grant of a license:
5.  (1)   No objection certificate :-
Any person intending to use any place for exhibition  of film on Television Screen
through Video Cassette Recorder or use any site for constructing or reconstructing a
building for exhibition of film on T.V. Screen through V.C.R. or to install any machinery for
the said purpose and to employ electrical power or other mechanical  power shall make an
application in Form A-I for no objection certificate.
Such application for construction  shall be accompanied by:
(a)  A site plan prepared on a separate sheet drawn to scale, showing
(i)    the cardinal points marked there on;
(ii)   the position of the site in relation to any adjacent  premises and to
   the public thoroughfare upon which it abuts;  and
(iii)   the surrounding  roads and buildings such as schools, hospitals,
   places of worship and the like which exist up to distance   of 182
meters of the site.
(b) Relevant record or   certified copies thereof relating to his ownership and
possession of the site, if he himself is the owner thereof, or those relating to his
lawful possession of the site if he is not  the owner.
(c) The amount of Fee as may be prescribed by the Government shall be paid in
respect of each application and a treasury receipt for the amount of fee paid
shall be submitted along with the application referred herein.
(2)  A copy of the application in Form „A‟-I along with the site plan referred to in
sub-rule (1) shall be submitted to the local authority concerned, which shall forward it to the
licensing authority together with its objection, if any, to the site and to the installation of
machinery equipment.
           (3)  A copy of the application shall also be sent to the Deputy Commissioner of
Police (Traffic) in the twin cities of  Hyderabad (Hyderabad &#38; Secunderabad), Cyberabad,
Vijayawada and Visakhapatnam and elsewhere to the concerned Superintendents of
Police, who shall remit it to the licensing authority with objections, if any.
6.     Grant or refusal of No Objection Certificate:
1.  (a)   On receipt of objections, if any, the licensing authority shall scrutinize the same,
with respect to  the compliance of the rules and if found to be defective, he may,
after giving the applicant an opportunity of being heard, reject the application.
(b) If the application is otherwise found proper in all respects and in conformity with all
the relevant rules, the licensing authority shall cause a notice in Form A-II, both in
English and Telugu to be displayed in the notice board of the licensing authority and
the local authority concerned, calling for  objections, if any, in writing from the public
to be submitted within a period of (15)  days, from the date of display of this notice.
Any objections filed after this period shall be liable to be rejected summarily.
(c) After considering the application with due regard to the provisions of section 5  of
the Act and the objection, if any, of the local authority, the police or the public, the
licensing authority, may grant a no-objection certificate in Form „B‟, or may refuse
to grant it.  The orders of the licensing authority in granting or refusing to grant a no
objection certificate, shall be communicated to the applicant and to the person or
persons, if any, who have filed objections before the licensing authority.
……..44
    (2)   The no-objection certificate shall be valid for a period of one year.   If within this
period, the no objection certificate is not utilized for obtaining a license in Form „G‟, a
fresh no objection certificate shall be applied for.
    (3) Any person aggrieved by the order of the licensing authority in granting or refusing
to grant a no objection certificate may prefer an appeal to the Government within a
period of 30 days. 

(4) Transfer of no objection certificate to the legal heirs:
(i)   On the death of the holder of a no-objection certificate during the validity period
      of the no-objection  certificate any of his legal heirs may make an application  in
      Form „M‟ to the licensing authority;
(ii) the application shall be made within a period of three months from the date of
     the death of the holder of no objection certificate;
(iii) every application for transfer or assignment of no objection certificate shall be
     accompanied by  a death certificate of the deceased;
(iv) in case where an application is made by one or more of the legal heirs, the
      consent letters from all other legal heirs for transfer or assignment of no
     objection certificate in his or their favour shall be filed;
(v)    where one of the joint holders of a no objection certificate dies, the certificate
      will be deemed to have lapsed on the date of his death,  unless any of the legal
      heirs of the deceased make an application for transfer.
    (5) Transfer of no objection certificate to other persons:
(i) In case the holder of a no objection certificate desires to transfer or assign
    the certificate to some other person or persons, a joint application by him and
the person or persons shall be made in „Form-M‟ to the licensing authority
    setting forth the reasons for the proposed transfer or assignment before the
period of expiry of validity of the no objection certificate;
The amount of Fee as may be prescribed by the Government   shall be paid
in respect of each application and a treasury receipt for the amount of fee
paid shall be submitted along with the application;
  (ii) the application for transfer on assignment shall be submitted along with  the
original no objection certificate and sworn affidavits by  the proposed  transferor
and transferees;
(iii)  the provisions of the rules relating to the transfer or assignment  in respect of
license shall mutatis mutandis  apply to the transfer of  no objection certificate;
CHAPTER - 3
7.   Approval of plan of building:
   (1)     On receipt of no objection certificate, the applicant shall submit an application for
approval of the plan of the building existing or proposed to be constructed along with:-
(a) complete plans, elevation and sections of the premises in triplicate and of all
erections  or holdings thereon drawn corrects to a scale of one centimeter to a meter
and showing the position of electrical machinery and detailed wiring diagram duly
signed by a licensed electrical contractor as prepared by an Engineer holding a
               …..55
degree in civil engineering recognized by the University Grants Commission or by
holder of a diploma in civil engineering with experience for a period of not less than
ten years in building construction;
(b) a plan (in single line) of the wiring  in duplicate, a copy of which shall also be sent to
the Chief Electrical Inspector to Government or an Officer deputed by Chief Electrical
inspector to Government i.e. Deputy Electrical Inspector of concerned jurisdiction;
(c) The applicant shall comply with the Fire and Life safety provisions of the National
Building Code of India, 2005 as amended from time to time.
(2)  While submitting the plan the applicant shall follow the guidelines as given in
Appendix 1.
8.    Approval or Refusal of plan of building:
     On receipt of the plan in triplicate, the licensing authority,  shall after consulting
the Executive Engineer (R &#38; B) and the Chief Electrical Inspector to Government
approve or refuse to approve the plan of the building.  The licensing authority shall send
one copy of the approved plan of the building to the concerned local authority.  In case
the licensing authority refuses approval, the reasons for the same shall be recorded in
writing by him.
9.   Electrical and structural soundness certificates:
       (a)   The applicant shall notify the Executive Engineer (R &#38; B)  while starting the
construction and on completion of the building, shall obtain a certificate of
structural soundness of the building from the Executive Engineer (R &#38; B)  which
shall be valid  for 3 years.  The certificate shall be issued in Form-„C‟.  The
Executive Engineer may grant the certificate for any lesser period for reason to
be recorded in writing.
       (b)     On completion of  electrical Installation in the building,  the applicant shall obtain
a certificate of electrical wiring of the building in Form „D ‟ from the Chief
     Electrical Inspector to Government and Fire safety certificates from Director
General of Fire Services or an Officer deputed by him.
      (c)     In case of Executive Engineer (R&#38;B) refuses to issue the certificate of Structural
soundness of the building for the reasons recorded in writing the applicant shall
have the right to refer the matter to the Superintending Engineer concerned
whose technical opinion thereon shall be final.
10.  Application for permission:
  Every applicant for obtaining permission shall submit an application under section 6
to the licensing authority, accompanied by the certificates issued by the Executive Engineer
(R &#38; B) and Chief Electrical Inspector and the evidence of having insured the premises
      The  licensing authority, after satisfying himself,  may issue to the applicant a
permission under section 6 in the Form „E‟ or refuse to issue such a permission.  The
licensing authority  may also impose any special condition to be fulfilled in the permission.
A copy of the plans and drawings referred to in rule 7 shall be attached to the permission.
               …..66
  CHAPTER - 4
Issue of License
11.  Application for license
(a)   Any person who has been granted permission under section 6 may apply for a
license referred to in sub-section (1) of section 3 for exhibition of cinematograph film
on television screen through video cassette recorder.    The application shall be
submitted in Form „F‟, in triplicate, before the licensing authority and shall be
accompanied by a treasury receipt for payment of  fee as may be prescribed by the
Government from time to time.
(b)   The licensing authority shall after satisfying itself in regard to the provision of section
5 and after making  such enquiry as he deems fit may grant the license for exhibition
of film on television screen through video cassette recorder.  The license shall be in
form „G‟ and shall  be subject to such terms and conditions specified therein.  The
license shall be valid for a period covered by the Chief Electrical Inspector to
Government, or an Officer deputed by him, i.e., Deputy Electrical Inspector of
concerned jurisdiction, certificate referred to in rule 9.
(c)   The licensing authority may refuse to grant the license if he finds that the applicant
has not complied with the requirements of section 5.
Provided that before refusing to grant the license, the licensing authority shall
give to the applicant, a reasonable opportunity  of being heard.
12.  License for keeping Video Library:
(a)  Any person intending to keep video library shall make an application to the
licensing authority in Form-„H‟  for obtaining license under sub-section  (1) of
section 4 and shall submit the same in triplicate along with a treasury receipt for
payment of a fee as may be prescribed by the Government from time to time.
(b)  On receipt of the application, the licensing authority shall consult the local
authority concerned and call for its report.  On receipt of the report from local
authority and having regard to the public interest referred to in sub-section (1) of
section 5 of this Act and after satisfying itself to the provisions of sub-section (2)
thereof, the licensing authority may grant a license for keeping a video library in
Form „J‟  which shall be subject to such terms and conditions as specified
therein.
(c)   The licensing authority, on considering the report of the local authority referred to
in sub-rule (b) and for reasons to be recorded in writing, may refuse to grant the
license:
Provided that before refusing to grant license, the licensing authority shall
give to the applicant a reasonable opportunity of being heard.
13.    Renewal of License:
(1)  Every application for renewal of license for exhibition of film on television screen
through video cassette recorder and / or for keeping video library, shall be made thirty days
before expiry of the license sought to be renewed and it shall be made in „Form  O‟,
accompanied by the treasury receipt for payment of fees as may be prescribed by the
Government from time to time and evidence of having insured the place of exhibition film
on T.V. screen through VCR or the video library:
       Provided that if the application is not made before thirty days provided in subrule (1), a late fee as may be prescribed  shall be paid and the Challan enclosed to the
application for renewal.
               …….77
(2)     In the case of application for exhibition of film on T.V. screen through video
cassette recorder, it shall be accompanied by evidence from Commercial Tax Authorities
that there is no tax due under the A.P. Entertainments Act. 1939 (Act X of 1939).
(3)      A copy of the application for renewal of license shall be sent simultaneously to
the Chief Electrical Inspector to Government,  Executive Engineer (R &#38; B) and the DirectorGeneral of Fire Services or an Officer designated  by him.
(4)     Certificate of Chief Electrical Inspector:    The Chief  Electrical  Inspector to
Government or an officer deputed by him, i.e., Deputy Electrical Inspector of concerned
jurisdiction,   on receipt of the copy of the application for renewal as required in sub-rule (3)
shall inspect the electrical installation and certify that   the installations continues  to be
maintained according to the rules.
(5)      Renewal of licenses:      On receipt of the certificate of the Chief Electrical
Inspector to Government about Electrical Installation,    the licensing authority or an officer
authorized by him shall inspect the premises and after being  satisfied that all the rules are
duly complied with shall renew the license.
(6)   Temporary permit:
(a)   In case, before the date of expiry of the license, the licensing authority, for any
reason, does not renew,   he shall grant a temporary permit in „Form  K‟.  But
such a permit shall be issued  only when the Chief Electrical Inspector or any
Officer deputed by him, i.e., Deputy Electrical Inspector of  the concerned
jurisdiction certificate continues to be remain valid,
(b) The temporary permit shall be deemed to be license subject to the conditions of
the license sought to be renewed, and no fee shall be charged for issue of the
same.
(c)    The permit shall be valid for a period of one month from the date of issue and
may be renewed for a further period of one month at a time;
Provided that such a permit shall cease to be valid on the licensee receiving the
license duly renewed or receiving an order refusing to renew the license in which
case, the applicant shall surrender the permit.
        (7)  (a) Structural Soundness:  For obtaining a renewal of Certificate of Structural
Soundness in case of the building, an application shall be made to the Executive
Engineer (R &#38; B)  at least one month prior to the date of expiry of the period
specified in that certificate.
(b) The Executive Engineer or an officer deputed by him after inspection of the
building, shall renew the certificate of structural soundness  or refuse to issue
such certificate.  The provisions of rule shall apply mutatis mutandis to the
renewal of such certificate.
(c)  The proceedings of the Executive Engineer (R &#38; B) either issuing or refusing
to issue the structural soundness certificate,  shall be sent to the licensing
authority and a copy thereof shall be sent to the applicant.
14.  Transfer / Assignment of License:
(1)  On the death of licensee, any of his legal heirs, may within a period of six
months from the date of his death make an application in form „L‟ to the licensing authority
for the transfer of the license in his name, along with the death certificate of the deceased
and treasury receipt for the payment of transfer fee as may be prescribed by the
Government.
……..88
In case, the application is made by any of the legal heirs, of the deceased licensee,
consent letter from all the other legal heirs of the deceased for such transfer shall be filed
along with the application.
(2)    Where a licensee  desires to transfer or assign his license in favour of some
other persons, a joint application in  writing signed   by the licensee and the proposed
transferee shall be made to the licensing authority giving all the details required  in  Form
„L‟  along with a treasury receipt for payment of the transfer fee, and a copy of the
document, if any, executed between the parties showing the reasons for the proposed
transfer.
(3)   Calling for objections:  The licensing authority shall cause a notice to be
displayed on its notice board and that of the local authority concerned about the receipt of
the application and such other details as necessary and call for objections, if any, from the
public to be filed in writing within (15) days from the date of publication on the notice board.
Any objection filed thereafter shall be summarily rejected.
(4) Approval or rejection of application:
(a) The licensing  authority, after considering the objections, if any, received
from the public and considering the previous  experience, Eligibility and
antecedents of the applicant, shall either approve or refuse to approve the
transfer or assignment of license.  A copy of the said order shall be
communicated to the applicant and to the Person or persons who filed the
objection,
(b) In case of approval of the transfer or assignment of license, the licensing
authority shall make an entry in its book and the license after endorsement
of transfer or assignment shall be returned to the applicant.
(5)  In case the application for transfer or assignment is rejected, the same shall be
communicated to the applicant in writing giving the reasons therefor.
(6)  Any person aggrieved by the order of the licensing authority approving or
refusing to approve the application for transfer or assignment  of the license
may appeal to the Government and the provision   of rule   15   shall apply to
such appeal.
CHAPTER - 5
     Appeals
15.     (1)  Any appeal to Government under section 18 of the Act against the order or
decision of the licensing authority, refusing to grant or renew a license, or an order revoking
or suspending a license or refusing the application for transfer or assignment of license or
no objection certificate,  shall be preferred within thirty days from the date of receipt of the
order appealed against:
Provided that an appeal may be admitted after the expiry of the thirty days, if the
appellant satisfies the Government that he had sufficient cause for not preferring the appeal
within the time limit.
(2) The Memorandum of appeal  shall be submitted in triplicate setting forth
concisely the grounds of objection to the order appealed against.
(3)     It shall be accompanied by the original  or certified copy of the order appealed
against.
       ……99
(4) The amount of fee as may be prescribed by the Government  shall be paid in
respect of each appeal and the Memorandum of appeal shall be accompanied by a
treasury receipt for the amount of fee due on the appeal.  No court fee stamp need be
affixed to the memorandum of appeal.
(5) The Memorandum of appeal shall be signed by the appellant or by his
authorized  agent and presented to the appellate authority in person or by his agent on any
working day at  any time during the office hours or sent by registered  post
acknowledgment due.  The authorization to the agent should be in writing unless the agent
holds a power of attorney.
CHAPTER - 6
          Miscellaneous
16.  (1) Title to obtain or hold permission or license:
Any person not below the age of twenty years, any company or firm or
association of individuals, whether incorporated or not, shall be entitled  to
obtain or hold any permission or license under the Act.
  (2)     Applicability of Electricity Act:
The license  shall comply with such of the provisions of the    Electricity Act.,
             2003  and of the rules made there under as are applicable to the premises.
      (3)Premises and equipment to be insured:
Every licensee shall insure the licensed premises the equipment and the Video
Cassettes against the risk of fire so that the licensed place and the video library are
run without fire hazards.
     (4) Display of license &#38; Rules:
The rules and license issued under the Act  printed in large type together with name
and address of the licensee shall be displayed in some conspicuous place at the
entrance at a height of not more than 1.25 meters.
      (5)Smoking prohibited:
Smoking shall not be permitted within the place of exhibition of film on television
screen through video cassette recorder and in places where video libraries are
located.
(6)   Contents of application for license or permission under the Act:
Every application for a license or permission under the Act. shall be in writing and
shall contain:
(a) The name of applicant,
(b) The place at which the exhibition is to be given or video library is to be kept,
(c) The number of seats to be installed in the  case of exhibition of  film,
(d) Such other particulars as may be prescribed.
           ..….1010
(7) Refund of  fee:
In case no application is filed after remitting the fee under rule 5 (c) for obtaining no
objection certificate, under rule 11 (a) for grant of license, under  rule 12 (a) for keeping
video library and under rule 13 for renewal of license, if no appeal is filed, under rule 15  the
entire fee so remitted may be refunded to the applicant.  The application for such refund
shall however be made by the applicant within one month from the date of remittance.
(8) Application for duplicate copy of license.
A duplicate copy of license shall be granted on payment of prescribed fee.
(9) The letter of consent referred to in section 8 of the Act shall be in Form-„N‟.
(10) The distance between two places where exhibition of film on television, film through
Video cassette recorder is made shall be not less than two kilometers.  No exhibition of film
on T.V. screen through VCR shall be allowed in a place if the distance to the nearest
permanent or semi-permanent cinemas, or touring cinema located in the same local area or
in an adjacent village Panchayat or town or cities of Hyderbad-Secunderabad, Vijayawada
and Visakhaptnam is less than two kilometers.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
       PAUL BHUYAN,
SPECIAL CHIEF SECRETARY TO GOVERNENT
To
The Commissioner, Printing, Stationery and Stores Purchase, Hyderabad,
(for publication in the  Andhra Pradesh Gazette and   to supply 600 copies).
All the District Collectors.
The Director-General and Inspector-General of Police, Hyderabad.
The  Commissioners of Police,  Hyderabad / Cyberabad/Vijayawada/Visakhapatnam.
The Special Commissioner, Information &#38; Public Relations, A.P., Hyderabad.
The Director General of Fire Services, Hyderabad A.P.
The Chief Electrical Inspector,A.P., Mint Compound, Hyd.
The M.D., A.P.State Film T.V. &#38; Theatre Dev.Corpn.Ltd.,AC.Guards,Hyd.
The Secretary, Ministry of Information &#38; Broadcasting,
     Government of India, New Delhi.
The Branch Manager, Films Division, Sultan Bazar, Hyderabad.
A.P. Film Chamber of Commerce, Film Nagar, Jubilee Hills, Hyderabad.
Hyderbad State Film Chamber of Commerce, S.D.Road, Secunderabad.
Copy to:
The Law Department.
Finance Department.
General administration (I&#38;P.R.)Department.
M.A. &#38; U.D. Department.
SF/SCs.
//Forwarded::By Order//
Section Officer
         …...1111
APPENDIX – I:
Every person who constructs, re-constructs or alters or adds to a building where an
exhibition of film on Television screen through Video Cassette Recorder is carried on
shall  comply with the following requirements:
1. Such construction activity shall be  in accordance with the Statutory Development
Plan Zoning Regulations and where Zoning Regulations are not in force, in
commercial areas/commercial complexes of height below 15 m;
2. Minimum abutting road width: required 12.2 sq. m
3.  Minimum Setbacks to be provided for the building accommodating such activity:

S,No.
Plot size
(in Sq.
Mts)
Maximum
Height of
Building
Permissible
(in Mts.)
Building Line or Minimum Front Setback (in Mts)
Minimum
setbacks  on
all
other
Sides
(in Mts)
Abutting Road Width     (in Mts)
12.2 and
upto 18
Above 18
and upto
   24
Above
24 and upto
30
Above 30
  (1)                (2)  (3b) (3c)   (3d)   (3e)        (4)
3.0
   1. 500 &#38;
upto 750         12   4.0  5.0   6.0   7.5
       2. Above
750 &#38;         Below 15
upto
1000
   4.0  5.0   6.0   7.5        4.0
       3. Above
1000 &#38;       Below 15
upto
1500
   4.0  5.0   6.0   7.5        5.0
       4. Above
1500 &#38;       Below 18
upto
2500
   4.0  5.0   6.0   7.5       6.0
       5. Above
2500           Below 18   4.0  5.0   6.0   7.5       7.0
4. Parking requirement: 40% of total built up area in case of Municipal Corporations
areas and 30% of total built up area in case of other areas.
5. Requirements as to drainage and sanitary conveniences:
(1)     The ground floor or the lowest floor of the building shall be at such a level as
will allow of the effectual drainage of that floor.  It shall, ordinarily, be not less than
half a meter above the ground or site level.
(2) Means for the effectual drainage of storm water sullage and sewage from the
premises and sufficient and suitable sanitary conveniences for the use of the
occupants of the building.
(3)    Suitable means of drainage to the building and also sanitary conveniences of
such description and design shall be provided as may be recommended by the
Executive Engineer (R &#38; B), who has to issue the structural soundness certificate of
the building,  for the exclusive use of each sex separately and shall cause the same
to be maintained in good order and sanitary condition.
   ……1212
6. Fire and life safety requirements:
(1)  The floor, roof, ceiling, private boxes, balconies, galleries, tiers, partitions and
every room, lobby, corridor and passage intended for the use of the public shall be
constructed of fire resisting  materials.  The specifications prescribed under Group
D- Assembly Buildings, as per clause 3, part 4 of National Building Code of India as
amended from time to time shall be complied.
(2)    No paneling of walls with wood and other combustible materials for decorative
and other purposes in the building shall be permitted:
Provided that in building in which such paneling has already been effected,
the combustible materials with which the paneling has been effected shall be treated
with fire resistant paints.
7. Doors:
All outside doors for the use of the public shall be made to open outwards and
internal doors shall be so fitted as not to obstruct, when open, any gangway,
passage, stairway or landing, such doors when open should engage on an
automatic spring.
8. Ventilation:
The licensee shall provide sufficient and approved artificial means of ventilation
whenever required by the licensing authority.  Artificial means of ventilations shall
include provision of exhaust fans.
9. Electrical installation not to be altered without approval:
No addition to or alteration of any point of the electrical installation within the
premises shall be made without the prior sanction of the licensing authority.
10. Compliance with instructions:
The Chief Electrical Inspector or any officer deputed by him inspecting an installation
shall, if he discovers any defect therein, issue written orders to the owner or person
in charge for the rectification of the defects through a licensed electrical contractor
and prescribe reasonable time within such orders should be carried out.
          ….…1313
APPENDIX: II
1.       The licensee shall cause:
(1)  All windows and other means of ventilation in the building to be
maintained in good order.
(2)  Every part of such building or place to be maintained in proper sanitary
condition.
(3)   The walls of the buildings to be hot lime washed at least once in every
six months or to be painted once in every two years or more often, if so prescribed.
2. Restriction on admission of persons:
(1)  The licensing authority shall fix the actual number of persons to be
admitted to each class of accommodation  provided in the place of exhibition.  The
number shall be arrived at by calculating at the rate of 20 persons per 10 square
meters of floor area, in respect of that portion of the premises which is provided with
chairs having backs and arms.
(2)  In calculating the floor area under sub-rule (1) the area of the entrances,
the passages, gangways and the stair  cases shall be excluded and no part of the
premises from which a person can watch the exhibition of films shall be excluded.
3.        Rate of admission to be fixed:
(1)  The licensing authority shall fix the actual rates of admission to
accommodation  provided in the place of exhibition after taking into account
the proposals of the licensee, the amenities provided in the place of
exhibition, the prevailing rates of admission in similar places of  exhibition in
similar localities within his jurisdiction and any other relevant factor.
(2) The rates prescribed for admission in the place of exhibition shall be
clearly indicated by means of a board or otherwise.
(3) The licensing authority may, on application by the licensee, alter the
rates of admission if there has been any change in the amenities provided
either in that accommodation or generally in the place of exhibition or for any
other valid reasons.
4. Seating accommodation: The following provisions shall be observed in providing
seating  accommodation:
(1)   Chairs shall be battened together in complete lengths.
(2)   In all cases, there shall be an intervening space of at least 35 centimeter
between the back of one seat and the front of the seat immediately behind
measured between perpendiculars.
5. Provision for electricity:   In the premises, sufficient number of  approved electric
lights fed from an independent source or sources which are automatically switched
on in case of failure of main lighting shall be provided in the place of exhibition,
gangways, passages and exits.
  ……..1414
6. Provision for fire–extinguishers:
(1)  In the place of exhibition, sufficient number of portable fire-extinguishers
of soda acid type and of the ten liter size shall be installed at an adequate
height from the ground to the satisfaction of the licensing authority.  A record
regarding the maintenance of portable extinguishers shall be maintained.
(2) The licensee shall:
1. Once in every three months empty the container of each
portable fire-extinguisher provided in the licensed premises,
clean its nozzles and working parts,  stir the liquids in it and
top it up, immediately record the date of having done so on a
slip of paper and paste the same on the outside of such
container.
2. Once in every year discharge each portable fire-extinguisher
provided in the licensed premises and re-charge it and
immediately record the date of such re-charge  in durable
paint on the external surface of container of the fireextinguishers.
(3)  Sufficient number of buckets with water shall be provided in the
           licensed promises.  Buckets shall be painted in red with the word
          “FIRE” printed on them in large block letters in local vernacular.
      ….….1515
APPENDIX-III
1 (a) Every application to the Licensing Authority for the grant or renewal of a licence for
public exhibition of films on video under the Act shall be in writing and in Form-G in
quadruplicate and shall be accompanied by the treasury receipt for the payment of fees as
may be prescribed.
1(b) application for renewal of licence shall be made three months before the expiry of
the licence sought to be renewed.
2. Within fifteen (15) days of receipt of such application, the Licensing Authority shall:
(a) if the application is not in order, return the same to the applicant for
resubmission within a period of 60 days failing which the application shall be
treated as rejected and fresh application shall be made;
(b) if the application is in order, forward a copy of the application each to the
Executive Engineer (R&#38;B), the Electrical Inspector,   the Health Officer AND
an Officer  from Fire Department asking for their reports and certificates within
fifteen days.
(c) On receipt of the reports and certificates referred to in clause (b) above, if the
licensing authority is satisfied that adequate precautions have been taken in
the place to provided for the safety of the persons attending exhibitions
therein, he shall within ten days from the date of receipt of the above reports
and certificates grant or renew a licence in form „K‟ with or without adding
additional conditions thereto consistent with the provisions of these rules, as
he may deem fit in the interest of health and safety of public;
(i) Provided that if  the licensing authority is satisfied that provisions of
these rules have not been fulfilled and or that it is not in the interest of
the health and safety of the public, he may refuse the grant of the
licence applied for and communicate to the applicant the reasons for
such refusal.
(ii) Provided further that clause (b) and (c) do not apply in the case of
Video exhibitions provided in the transport vehicles.  In the case of
transport vehicles the licence may be granted by the licensing authority
on the basis of the tax receipts under the Andhra Pradesh Motor
Vehicles Taxation Act, 1963, the „C‟ certificate and fitness certificate
issued by the competent authority under the Motor Vehicles Act,  1988.
3. The Licensing Authority while granting or renewing the licence in Form-K shall fix
the maximum number of persons to be admitted at a time and also fix the
maximum rates of admission allowed which are liable for taxation under the
Andhra Pradesh Entertainment Tax Act, 1939 and the rules made thereunder.
4. Licence may be granted/renewed for a period not exceeding one year.
5. Certificates to be obtained by the Licensing authority:
(i) The Electrical Inspector or the Officer deputed by him shall issue Electrical
and Fire Certificate in Form-D   to the effect that the Video apparatus, the
Electrical Installation and Fire Extinguishing appliances are suitable and in
order and fulfil the requirements of these rules.
(ii) The Health Officer of the local authority or the District Health Officer where
the Local authority has no such Officer, shall issue a health certificate to
the effect that the provisions relating to public health,  ventilation and the
like have been satisfied.16
(iii) The Executive Engineer (R&#38;B) or the Officer deputed by him shall issue a
certificate to the effect that the building is fit for the purpose and afford
shelter from sun and rain.
(iv) The certificates referred to above shall be for a period of one year.
6. The distance between the Video screen and the first row seats shall be not less
than 10 (ten) feet and no person shall be admitted within such space.
7. The distance between the existing permanent or semi-permanent or temporary
cinemas and the Video public exhibitions shall be not less than 800 metres
8. The distance between one Video center and another video center shall be not
less than 100 metres.
9.  The public exhibition of Films on Video shall be allowed only in commercial areas
and in no case such exhibitions shall be allowed in residential areas.
10. The Licensing Authority may in consultation with the Health Officer either
       require extractors, exhaust fans, ceiling fans or other means of artificial
ventilation to be provided.
11. There shall be openings of 1.5 square metres for every ten persons for
      ventilation purposes to ensure a balanced air supply.
12. One WC and one Urinal for every 50 persons and less for exclusive use of each
      sex shall be provided.
13.  There shall be atleast two door ways fitted with doors to open outwards.

      14. Drinking water shall be provided in such manner and in such quantity as
            may be specified by the Licensing Authority.
15.  The number of persons to be admitted into any part of the auditorium shall be
determined by calculating at the rate of 20 persons per 9 square metres of floor area
after excluding the area for entrances, passage, gangways, stage and all places to
which the public are not admitted.
16.  The chairs shall be battened together in complete lengths.
17.  There shall be an intervening space of atleast 0.35 metres between the back of
one seat and front of the seat immediately behind measured between
perpendiculars.  In the case of establishments for serving coffee, tea, cool drinks
and other beverages required tables should also be provided.
18.  There shall be a passage of 0.90 metres in width for every ten rows of seating
accommodation.
19.  The gangways shall be not less than 0.90 metres in width and shall be so
arranged that no seats shall be more than 10 seats from a gangway.
20.  All the cables, wires used shall be of BIS grade and the wiring shall pass
through conduit pipes only.
21.  There shall be a separate circuit controlled by a suitable linked switch for the
supply of electricity taken to the Video Hall.
22.   Three pin plugs with the third pin effectively connected to earth shall be used.
           …..….1717
23.  Separate circuits shall be provided for lights, fans and other equipment
respectively.24.   An automatic voltage regulator/stabilizer which can provide an output voltage of
2.30 + 6% shall be installed before the video equipment.
25.      Video films shall not be exhibited in a totally dark room or hall.  A dim light
about 25 Watts to 40 Watts bulb  shall be kept burning throughout the exhibition  of
films.  The bulb shall be placed at right angles to the line of vision of the public.
26. One portable fire extinguisher of Co.2 or C.T.C. or D.P.C. type of 1 kg.
Capacity and one bucket (9 litres.) filled with sand shall be provided.
27. All the provisions in this Appendix shall be applicable to Video Cassette
Recorders and Video Cassette Projectors or any other equipment used for public
exhibition of films on Video in any place including hotels, restaurants, bars, clubs,
transport vehicles etc;
Provided in the case of public exhibition of films on video in transport vehicles
paras 3 and 5 to 27 shall not apply.
          ….….1818
    FORM – A  - I
Application for No Objection Certificte
              (See Rule 5 (1) )
1. Full name of  Applicant:
2. Complete address of Applicant:
Village :
Taluk :
District :
3. Status and previous experience of Applicant  (specially with reference to exhibition
of film on T.V. screen through VCR).
4. Is the application for grant of  permission for construction / re-construction
and alterations)
5. Site where the building is proposed to be constructed / re-constructed or
altered for exhibition of films on T.V. screen through VCR.
Survey number / number of plot
Village :
Taluka :
District :
6. Site plan drawn to be scale of not less than 1 cm to 15 metres covering on area
upto 200 metres from the boundaries of the proposed site showing:
a)  the position of the proposed premises in relation to any adjacent
     premises and to the public thorough fare upon which the site of
premises abuts.
b)  Thatched huts, if any, in the neighborhood ?
c)   Nearby schools, educational institutions, places of worships etc. and
      other premises exhibiting film on T.V. screen through VCR.
d)   All survey numbers which are required for a direct access to the
       public road.
7.  Area in square meters of the:
1) Site
2) Proposed building
3) Space for parking
4) Booking office, shelters &#38; railings
5) Urinal &#38; W.C.
8. Suitability of the site for exhibition of film on T.V. screen through VCR.
9. Whether the exhibition of film on TV Screen through VCR is likely to serve the needs
of any particular locality?
10. Are you in arrears in payment of taxes and other dues payable by you to the state
Government.
……1919
11. If the matter is under Appeal, please State so.
Have you ever been convicted  of an offence under section 14 of the Andhra
Pradesh Entertainment Tax Act., 1939.  If so give details.
12. What is the approximate population of the locality.
(Say for around 8 kilometers) from the site
13. Possession by applicant of other places, if any, and licensed under the Act. and if
so,
a)  Whether in the same locality or elsewhere
b)  Whether at the time of applying for license or any time previously
c)  If so, please give details, license No.  etc.
14. Whether necessary fee has been paid and the treasury receipt has been furnished
along with this application.
Please give the challan number, date of  payment and name of the treasury.
15. Whether the site is owned by applicant or taken on lease.
Attach document of ownership / lease deed as the case may be.
Date: Signature of  Applicant
Certified that all the particulars given above in column 1 to 14 are true and correct to
the best of my knowledge and belief.
Signature  of Applicant
    ……….2020
          FORM – A - ii
Notice calling for objection
      (see Rule 6 (1)  (b))
Whereas Sri ……………………, son of ……………………… aged residing at
(address) …………………… has applied to me on ……………… for the grant of a No
Objection Certificate to exhibit film on Television Screen through, Video Cassette Recorder/
at a site measuring about………. (areas) and bearing Survey number ………..of village of
Mandal of  ……….. district, belonging to him and in his possession/belonging to and taken
by him on lease for a period of ………….. years from ………. years   To ………
Notice is hereby given that any person having any objection to the grant of a No
Objection Certificate as aforesaid on the grounds of non-compliance by the applicant with
any of the provisions of the Andhra Pradesh Exhibition on Television Screen through Video
Cassette Recorder (Regulation) Act., 1993 should file his objection in writing with the
licensing authority within  15 days of the Publication of this notice.
Any objection filed after this period shall be liable to be summarily rejected.
Place:
Date:
(signed) Designation
Licensing Authority
NOTE:  Where more than one person is the applicant, full details of the all applicants may
be given and the form may be suitably altered.
…….2121
FROM – B
(No Objection Certificate)
       (Section 6 (1) (C) )
Under rule 6 of the Andhra Pradesh Exhibition of Films on Television Screen through
Video Cassette Recorder (Regulation) Act. 1993, the Collector of …………… /
Commissioner of Police, Hyderabad City hereby grants the certificate that there is no
objection to Sri ………………….. son of ……………….. ….  R/o ………………… exhibiting
film on Television Screen through Video Cassette Recorder in the land belonging to Sri
………………….   The site where the exhibition of Film is to be located is specified below:
(Please give here the description of the site as in Form A.)
The No. Objection Certificate is valid for a period of one year from the date here of
and if within this period the proposed exhibition is not put up, a fresh No Objection
Certificate should be applied for.
The No Objection certificate is also subject to the following special conditions:
Dated:……….this………. day of …………..
Collector of …………………..……….
Seal the   ----------------------------------------------------
          Commissioner of Police,  Hyderabad
NOTE:   The No Objection Certificate shall cover not only the Survey number of survey
numbers of the plot or plots on which the exhibition is proposed to be located, but also the
survey number or survey numbers of the plot or plots which is proposed, to be used as
access.
……..2222
     FORM - C
Certificate of structural soundness
  (See Rule  9 (a)  )
Certificate No. Date:
I,………………………….. Executive Engineer, Roads &#38; Buildings,…………………
Certify that the provisions of the A.P. Exhibition of  Films on T.V. Screen through video
Cassette Recorders (Regulation) Act. 1993, with regard to the construction of the building
have been carried out in the construction of cinema building known as “……………………
………………………..”  situated at …………………… constructed of non-inflammable
materials having galvanized zinc or asbestos sheets for roofing and ……………………….
Of which Shri ………………………. Is the owner / license / managing proprietor and Shri .
………………………….. is the manager / person in charge and that the building is
structurally sound.
Signature of applicant.
…….2323
     FORM – D
(See Rule  9  (b)  )
GOVERNMENT OF ANDHRA PRADESH
ELECTRICAL INSPECTORATE
Office of the Chief Electrical  Inspector to Government, Hyderabad.
Certificate No. ………………   dated :………………
Certificate of the Electrical Installation:
           Under rule ……….. of the Andhra Pradesh Exhibition of Films on Television Screen
through Video Cassette Recorder (Registration) Act., 1993,  I certify that the electrical
installation of the place of exhibition known as ………………………………………………
and more particularly…………. …………………………………………………………………
Described overleaf of which Sri ……………………….. ………………………………………
is the Managing Proprietor and Sri……………………………………………………………..
is the Manager or person-in-charge at ……………. in order  and in accordance  with rules.
2. The certificate is valid  for period of ……….. from ……………. To……….. but is liable
to revocation within this period.
Signature of Officer
Reverse:
Details of video equipment, electrical and fire extinguishing appliances.
…….2424
FORM – E
Permission under section 6 of the Andhra Pradesh  Exhibition of Films on Television
Screen through Video Cassette Recorder  (Regulation) Act. 1993.
        (See Rule 10)
Permission under section 6 of the Andhra Pradesh Exhibition of Films on Television
Screen through, Video Cassette Recorder (Regulation) Act. 1993  read with rule 5 (1) of the
Andhra Pradesh Exhibition of Films on Television Screen through Video Cassette Recorder
(Regulation) Rules 2006 is hereby granted in favour of Sri ……………. To use the place as
specified below  for the exhibition of film on Television screen through Video Cassette
Recorder and  to use site for constructing a building thereon for the exhibition of film on
Television screen through Video Cassette Recorder,  to construct or reconstruct any
building for such  exhibition of film, to install any machinery in the  place where such
exhibition of films are proposed to be given:
Subject to the terms and conditions specified below:
………………. Licensing Authority
(Strike out what is not necessary)
Here enter the name of the person
Here specify the place.
Here enter the terms and conditions
……..2525
FORM - F
Application for License for Exhibition of Video Film
See Rule 11 (a)
1. Full name of the Applicant :
2. Complete Address of the Applicant  :
Village :
Mandal :
District :
3. Status :
4. Details of the premises for which license is applied for:
(giving survey no. village, mandal and district, wherever  applicable)
5. Details of the permission granted by the licensing authority under
section 6 in respect of the premises.
6. Have you been regularly paying taxes and other dues payable to the
State Government.
7. Are there any arrears due
8. If the matter is under appeal, give details
Place:
Date: Signature of Applicant
Certified that all the above particulars are true and correct to the best of
My knowledge and belief.
Signature of Applicant
……..2626
FORM – G
License for exhibition of films on Television Screen through Video Cassette Recorder
    or V.C.Ds or D.V.Ds
       (See Rule 6   (2)
Name and Address of  licensee:
If the licensee is not the owner of the place or building,
The name and address of the owner thereof:
Situation of the place or building:
Area of the place or building in square metres:
Whether the place or building is to be used during
The day or during the night or both.
Date of last inspection by the District Electrical
Engineer or Officer authorized by him:
Special conditions, if any, on which the license
Is granted:
Period for which the license is to be in force:
Fees paid:
(Actual) number persons permitted in each part of
the auditorium:
In the First Class Persons
In the  Persons
In the Persons
In the  Persons
Total
Details of Punishments:
Number and date of Offence Nature of
Proceeding of the committed punishment
Licensing Authority
(1)     (2)      (3)
Conditions of License:
The license is granted subject to the provisions of the Andhra Pradesh Exhibition of
Films on Television Screen through Video Cassette Recorder (Regulation) Act. 1993 and
the rules made thereunder.  It is also subject to the following conditions.  The terms and
conditions of the license,   may be modified or added to at any time during the currency of
the license.
1. This license does not exempt the licensee or his servants or agent from taking out
any other license required by or otherwise complying with  any other law or rule, by law
made thereunder.
2. (a)  The licensee shall not exhibit or permit to be exhibited any film other than a film
…….2727
which has been certified as suitable for public exhibition by the authority constituted under
section 4 of the Cinematograph Act., 1952, and which when exhibited display the
prescribed mark of that authority, and has not been altered or tampered with in any way
since such mark was affixed thereto.
(b)   The licensee shall not exhibit, or permit to be exhibited in the place in respect of
which this license is given, to any person who is not an adult  any film which has been
certified by an authority constituted under section 4 of the Cinematograph Act., 1952 as
suitable for public exhibition restricted to adults.
(c)   The licensee shall not display or cause to be displayed, any photograph picture
or poster which depicts or represents or purports to represent  a scene or shot which has
been excised from any film under the orders of the Central Board of film Censors of the
Central Government.
(d)   There shall be prominently exhibited at each public entrance whenever the
premises are open to the public, a notice indicating in tabular form and in clear bold letters
and figures.
i) the title of each film to be shown on that day, other than trailers and
advertisements films..
ii) the approximate times of commencement and closing of each such
films as indicated below:
Morning Show Matinee Show First Show   Second Show Special Show
(1) (2)      (3) (4) (5)
Show begins at:
Duration in minutes:
Advertisement shorts:
Documentary newsreel:
Main feature:
Interval:
Trailers:
Total duration:
Show ends at approximately:
iii) Whether each such film has received an “A”  or “U” certificate from the
Central Board of Film Censors, and
iv) Whether persons below the age of 18 years, other than children below
the age of three years will be admitted or not.
v) The nature of any certificate received in respect of a film from the Central
Board of Film Censors shall clearly be indicated by the letter “U”  or  “A”
In any advertisement of the film displayed at the premises.
vi) The licensee shall put up at his cost at prominent places on the premises
advertisement boards indicating the penal provisions in the Andhra Pradesh
Entertainment Tax Act. 1939, in respect of a person found in the theatre
Without a ticket or pass.
2A (I) External loud speakers in any exhibition of film as a source of attraction shall
be prohibited.
(ii) The sound inside the theatre shall be kept at the optimum level that is really
necessary for comfortable hearing and shall not be too loud or noisy.
………2828
3. The licensee shall not exhibit advertisement slides relating to sexual diseases and
medicines to correct sexual disorders or purporting to assist the childless in begetting
children.
4. The licensee shall not permit obsene or objectionable posters or pictorial publicity
material to be displayed in the licensed premises.
5. The grant of this license is subject to any orders that may be passed by the State
Government under section 7  of the Act.
6. The actual rates of payment for admission to the different classes in the licensed
premises shall be as indicated below and these rates shall not be altered during currency of
this license without an order in writing by the licensing authority permitting such increase.
Class of Accommodation Actual rates of
I Class    Admission
7. The licensing authority and any subordinate duly authorized by him in that behalf
and any Police Officer deputed to keep order during any entertainment in the licensed
premises shall, at all times have free access to the said premises in order to see whether
the conditions of the license are fulfilled.
8. The licensee shall comply with such directions as the State Government may by
general or special order given as to the manner in which approved films shall be exhibited
in the course of any performance.
9. The licensee shall also comply with such directions as the licensing authority may
give in regard to the exhibition of slides in each performance.
10. No firework shall be used as an adjunct to a place of exhibition.
11. The licensee shall not, without the permission of the licensing authority, assign,
sublet or otherwise transfer the license or the licensed premises, nor shall the  licensee
without permission as aforesaid allow any other person during the period of currency of the
license, to exhibit films in the licensed premises.
12. The licensed premises shall not be kept open before ……………………….. or after
…………………….. on any day without obtaining special permission in writing from the
licensing authority in respect of such day.
The hour fixed by the licensing authority with due regard to local conditions (but not
earlier than 12 midnight and not later than 1.30 a.m.) should be entered.
13. The licensee shall conduct not more than four shows, within the maximum permitted
exhibition time in a day:
Provided that on local festival days, or public holidays, one special show per day
over and above the four shows, may be permitted, by the licensing authority (subject to the
condition that for conducting) a special show on public holidays or Sundays the licensee
shall intimate the licensing authority in advance and in respect of conducting a special
show on local festival days the licensee shall obtain prior permission of the licensing
authority.
14. The licensee shall ensure that no dispute arising out of ownership or possession of
the site, building or equipment is likely to cause any breach of the peace at any time.
15. The license shall provide a suitable cycle stand or the cycles that may reasonably be
expected to be brought and arrange for taking care of them.  He shall also make necessary
  ……..2929
arrangements to look after the cars, scooters and motor cycles which are brought to the
licensed premises.
16. The licensee shall not use the licensed premises for any purpose other than that for
which it has been licensed under the Andhra Pradesh Exhibition of Films on Television
Screen through,  Video Cassette Recorder, and the rules made there under, which may on
merits accord such permission for individual performance and the proceeds thereof are to
be devoted solely to philanthropic, religious, charitable, social, political or literary purposes.
17. The licensee shall in respect of each film in his possession, produce when
demanded by any Police Officer not below the rank of a Inspector of Police or an Officer
authorized by Government in this behalf, a letter of consent from the person who is the first
owner of the Copyright of the Cinematograph film, under  section of the Copyright Act. 1957
(Central Act. XIV of 1957) and in each such copyright has been assigned under section of
the said Act. from the assignee of such copyright.
18. The license shall be subject to cancellation or suspension for the breach of any of
these conditions or of the special conditions specified on the reverse.
19. The licensee shall  maintain details of all VCDs, DVDs and other Video Cassettes
Records for selling, buying, letting on hire and distribution of cassettes.
Dated, this the ……….. day of …….
Signature and seal of the
Commissioner/Collector
……..3030
FORM – H
Application for license for keeping Video Library
(See rule 12 (a)  )
1. Full name of the applicant :
2. Address of the applicant :
Village: Mandal: District:
3. Give details of your status:
4. I)  Have you been regularly paying taxes and other dues payable by you to
     the State Government.
II   Are you in arrears in respect of any such tax or dues
III)  If so, is the matter under appeal or  otherwise under consideration of the
      Authorities.
5. Have you any previous experience in the line of keeping video library
if so, give full details.
6. Do you possess now or have you ever possessed before any place
licensed under the Andhra Pradesh Exhibition of Films on Television
Screen through Video Cassette Recorder (Regulation), Act. 1993, if so,
Give full details of the places and the periods.
7. Details of the premises for which you require the license for keeping video
library.  Give survey number if any, village, taluk, district.
8. Do you own the building premises ?  If so, attach documents relating to
ownership along with true copies.
9. Have you taken the building on lease ?  If so, attach the lease deed with a
true copy  and also copies of the records to prove ownership of lessor.
10. What is the approximate population  of the locality.
Date: Signature:
Certified that all the above particulars are true to the best of my knowledge
And belief.
Signature:
  …….3131
FORM – J
License for keeping a Video Library
(See Rule 12 (2) )
1. Name and address of licensee :
2. If the licensee is not the owner of the place or building,
the name and address of the owner thereof:
3. Situation of the place of building:
4. Area of the place or building in square metres:
5. Materials of which the roof, side walls, gallery
and staircase are made:
6. Whether the place or building is to be used during
the day or during the night or both:
Period for which the license is to be in force:
Conditions of  license:
This license is granted subject  to the provisions of the Andhra Pradesh Exhibition of
Films on Television Screen through, Video Cassette Recorder (Regulation) Act, 1993 and
the rules made thereunder.  It is also subject to the following conditions.  The terms and
conditions of the license, as inserted, may be modified or added to at any time during the
currency of the license.
1) This license does not exempt the licensee or his servants or agents from taking out
any other license required by or otherwise complying with any other law or rules or by-law
made thereunder.
2) The licensing authority and any subordinate duly authorized by him in that behalf
and any police officer deputed to keep order shall at all times have free access to the said
premises in order to see whether the conditions of the license are fulfilled.
3) The licensee shall in respect of each film V.C.Ds or D.V.Ds in his possession,
produce when demanded by any Police Officer not below the rank of a Inspector or an
officer authorized by Government in their behalf, a letter of consent from the person who is
the first owner of the Copyright of the Cinematograph film V.C.Ds or D.V.Ds  under section
of the Copyright Act. 1957 (Central Act XIV of 1957) and in case  such copyright has been
assigned under section of the said Act. from the assignee of such copyright.
4) The licensee shall not possess any film  V.C.Ds and D.V.Ds  other than a film which
has been certified as suitable for public exhibition by the authority constituted under section
of the Cinematograph Act, 1952 (Central Act. XXXVI of 1952) and which, when exhibited
display the prescribed mark of that authority and has not been altered or tampered with in
any way since such mark was affixed thereto.
Dated:…………. The day of ………………
Seal of the …………………………………
Commissioner of Police /
Collector
…..3232
FORM – K
Temporary License for Exhibition under the Andhra Pradesh Exhibition of  Films on
Television Screen through Video Cassette Recorder (Regulation) Act. 1993.
(See rule 13 (6) (a)
Whereas Sri………………………….. (full name and address) has applied for renewal
of his license and the said license has been retained in my office  pending disposal of his
application.  He is hereby permitted temporarily to exhibit films in (here enter description of
premises) under the Andhra Pradesh Exhibition of films on Television Screen through
Video Cassette Recorder (Regulation)  Act. 1993 for a period of one month from the date
subject to the provisions of rule 17  of the Andhra Pradesh Exhibition  of Films on
Television Screen through  Video Cassette Recorder (Regulation) Rules 2006.
Dated, the ………day of
Commissioner of Police /
         Collector
……..3333
        FORM – L
Application for Transfer  or Assignment of License in Form “G” and Form “J”
    (See Rule 14 (1)
      SECTION – I
                                                              Licensee
Person to whom the license is to be transferred or assigned:-
1. Full name of the applicant:
2. Address of the applicant:
Village: Mandal: District:
3. Age:
4. (a)  Status, antecedents and previous experience of the applicants:
Note:  The applicants should furnish herein among other
Things particulars of taxes or other dues to Government
and  whether in respect of  any  assessment  for tax, the
matter is under  consideration  with the authorities of the
Government.
(b)  Whether the applicants  have not been convicted
of an offence under clause (b) or Clause (c) of Section 14 of
Andhra Pradesh Entertainment Tax Act.,  (Andhra  Pradesh
Act. X of 1989) and if so, particulars of such convictions.
5. Period of a validity of the license.
6. Is the application for transfer or assignment in respect of the place  of
exhibition / keeping  video library.
7. Is the application of transfer or assignment of the license?
(Here give details of the period for which the license is proposed to be transferred
or assigned and the consideration fixed for the transaction, etc.)
8. What are the reasons for the proposed transfer or assignment of the license?
Signature of the Applicants.
…….3434
SECTION - II
1. Full name of applicant:
2. Address of the applicant:
Village: Mandal: District:
3. Age of the applicant:
4. a) Status, antecedents and previous experience of the applicant.
NOTE:  The application should furnish herein among other things particulars of
Taxes or other dues to Government and whether in respect of any assessment for
Tax, the matter is under consideration with the authorities of the Government.
(5)  Whether the applicant has not been convicted or an offence under clause (b)
or clause (c)  of section 14 of the Andhra Pradesh Entertainments Tax Act., 1939,
and if so, particulars of such convictions.
5. a)  Name of the deceased licensee.
b)   Date on which the licensee died:
6. a)   Particulars about all the legal heirs to the licensee:
Name of legal heirs:
Age:
Relationship to licensee:
(b) On what basis the applicant  claims to be legal heir of the licensee:
7. Is the application for  transfer in respect of the place of exhibition / keeping video
Library.
8. Period of validity of the license:
9. Has the application obtained the consent of all other legal heirs in writing, for the
transfer of the license in his/her name ?  (Consent statement to be attached).
Signature of applicants.
   …….3535
FORM – M
Application for transfer or assignment of No Objection Certificate
(See rule 6 (4)(i)
1. Full name(s) of the applicant(s)
2. Address(es) of the applicant(s):
Village: Mandal: District:
3. Age of the applicant(s):
4. The nexus between  the No Objection Certificate holder(s) and the applicant(s)
5. Reasons for the applicant(s) choice by the No Objection Certificate holder:
6. (a)   Details of status, antecedents and previous experience, if any, of the
applicant(s):
Explanation:  The applicant(s) should furnish herein, among other things, particulars of
taxes and other dues to Government and whether in respect of any assessment for tax the
matter is under consideration with the authorities of Government.
(b)  Whether the applicant /any of the applicants  been convicted or compounded for any
offence under clause (b) on clause (c) of section 14 of the Andhra Pradesh Entertainment
Tax Act., 1989 (Andhra Pradesh Act. of 1989) and if so, particulars of such conviction
compounding:
(c)   The date  on which the holder / joint holder of the No Objection Certificate: died.
7. a)   particulars about all the legal heirs to the deceased holder of the No Objection
Certificate:
Name of heirs:
Age:
Relationship to the deceased holder of No Objection Certificate:
(b) On what basis the applicant(s) of the deceased holder / joint holder of the No
Objection Certificate:
8. Whether the application is for transfer or inclusion of another person in the capacity
of a joint holder of the No Objection Certificate in respect of a place of exhibition.
9. Number and date of  proceedings of the licensing authority granting the No
Objection Certificate and the period of validity of the  No Objection Certificate.
10. Has / have the applicant(s) obtained the consent of all other legal heirs  in
writing for the transfer of the No Objection Certificate in his / her name ?
(Consent statement to be attached).
Signature of applicant(s)
Enclosures:
1) Original No Objection Certificate:
2) Sworn affidavits prescribed in rule:
…….3636
   FORM – N
  Form of Letter of Consent
         (See Rule 16  (i) )
I, …………………….. son of ……………………. Company/Firm, being the first  owner of the
copyright  of cinematograph film  under  section 17 of Copyright Act. (Central Act. No. 14 of
1957) assignee, claiming through the first Copyright owner of the Cinematograph film do
hereby give the consent for the exhibition of a film titles as *………………………. In Video
Cassette Recorder or V.C.Ds or D.V.Ds for exhibiting it on Television screen through
Video Cassette Recorder and /for keeping of such film in the Video Library.
Signature of the owner/Assignee of copy right.
*Here enter the name of Cinematograph Film.
…….3737
Form – O
Application for renewal of license for exhibition of Film on T.V. Screen through V.C.R.
and/or  for keeping video library.
        (See Rule 13 (i))
1. Full name of Applicant :
2. Address of the Applicant :
Village: Mandal: District:
3. Status :
4. Details of the  premises for which
license is applied for :
5. Is the application for renewal of
exhibition of film on T.V. screen
through VCR or for keeping
Video Library :
6. Details of the permission granted
by licencing authority :
7. Have you been regularly paying
taxes and other dues payable
to the state Government.  :
8. Are there any arrears due :
9. If the matter is under appeal,
give details :
10. Have you paid the application
fee for renewal of license :
11. Is the place of exhibition of Film
on T.V. screen Insured ?
If, so, give details :
Place:
Date: Signature of Applicant
Certified that all the above particulars are true and correct
To the best of my knowledge and belief.
Signature of applicant
N.B. :  Please enclose evidence of
1)  No tax due from commercial tax authority,
2)  Insurance of place of exhibition of Film
     on T.V. screen,   and
3)  Treasury challan receipt.
. . . . .</pre>
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</item>
<item>
<title><![CDATA[– The Andhra Pradesh Prevention of Begging Rules, 2006 ]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/%e2%80%93-the-andhra-pradesh-prevention-of-begging-rules-2006/</link>
<pubDate>Thu, 27 Oct 2011 10:51:39 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/%e2%80%93-the-andhra-pradesh-prevention-of-begging-rules-2006/</guid>
<description><![CDATA[GOVERNMENT OF ANDHRA PRADESH ABSTRACT Social Welfare Department – The Andhra Pradesh Prevention of B]]></description>
<content:encoded><![CDATA[<pre><a class="zem_slink" title="Government of Andhra Pradesh" href="http://en.wikipedia.org/wiki/Government_of_Andhra_Pradesh" rel="wikipedia">GOVERNMENT OF ANDHRA PRADESH</a>
ABSTRACT
<a class="zem_slink" title="Welfare" href="http://en.wikipedia.org/wiki/Welfare" rel="wikipedia">Social Welfare</a> Department – The <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Prevention of Begging Act, 1977 (Act 12 of</pre>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Beggers.jpg"><img class="zemanta-img-configured" title="Child beggers begging infront of a church on a..." src="http://upload.wikimedia.org/wikipedia/commons/thumb/8/8f/Beggers.jpg/300px-Beggers.jpg" alt="Child beggers begging infront of a church on a..." width="300" height="224" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre>1977) – The Andhra Pradesh Prevention of Begging Rules, 2006 – Draft Rules - Issued.
-------------------------------------------------------------------------------------------------------------------------------
SOCIAL WELFARE (BUD.2) DEPARTMENT
G.O. Ms.No. 8                       Dated: 10.03.2006
                     Read the following:-

G.O. Ms. No. 90, Social Welfare (Bud.2) Dept., dated 13.12.2005.
O R D E R:

The following draft of the Andhra Pradesh Prevention of Begging Rules, 2006,
which is proposed to make in exercise of the powers conferred by section 33 of the
Andhra Pradesh Prevention of Begging Act, 1977 (Andhra Pradesh Act No. 12 of 1977),
is hereby published for general information as required by sub-section (1) of section 33 of
the Act. 

Notice is hereby given that the said draft will be taken into consideration after a
period of thirty days form the date of publication of the draft Rules in the Andhra Pradesh
Gazette and that any objections or suggestions which may be received from any person
with respect thereto, before the expiry of the said period will be considered by the
Government. 

Objections and suggestions should be addressed to the Principal Secretary to
Government, Social Welfare Department, Andhra Pradesh, Secretariat, Hyderabad.  

The draft Andhra Pradesh Prevention of Begging Rules, 2006
Chapter – I

1. <a class="zem_slink" title="Short title" href="http://en.wikipedia.org/wiki/Short_title" rel="wikipedia">SHORT TITLE</a> AND COMMENCEMENT:
 These Rules may be called the Andhra Pradesh Prevention of Begging Rules 2006. 

2. DEFINITIONS:
 In these rules, unless any thing is repugnant in the subject or context: 

(a)  “Act” means Andhra Pradesh Prevention of Begging Act, 1977;
(b) The ‘Authorized Officer’ means any <a class="zem_slink" title="Police officer" href="http://en.wikipedia.org/wiki/Police_officer" rel="wikipedia">Police Officer</a>, not below the rank of a Sub
Inspector of  Police or any Revenue Officer not below the rank of a Mandal
Revenue Officer or some other official of such kind authorized by the
Government to arrest such a person found Begging or maintaining Beggars in
contravention of the Act.
  (c) Words and expressions used but not defined in these rules shall have the
meaning respectively assigned to them in the Act. 

3. Begging in a public place is an offence : 

 Begging in a public place is an offence.  Any person who is found begging in a
public place shall be an offence and is punishable under Section 27 of the Act or the
Rules made there under.
Chapter – II
4. ARREST OF <a class="zem_slink" title="Begging" href="http://en.wikipedia.org/wiki/Begging" rel="wikipedia">BEGGARS</a> AND THE PROCEDURE FOR COMMITTING THEM TO
CERTIFIED INSTITUTIONS: 

(1) Any Authorized Officer may arrest without warrant any person who is begging in
public place. The Municipal Commissioner/Local Body shall provide necessary
assistance to the authorized officer in identification of beggars, arresting them and to
produce before the Court.  Necessary official machinery and transport may be provided
by the local bodies, to the authorized officer wherever required.  The persons so arrested
may be informed as soon as may be, the grounds of such arrest and shall be produced
with in a period of 24 hours of such arrest excluding the time necessary for the journey
from the place of arrest to the Court, together with a report explaining the circumstances
under which the arrest was made. 

(2) <a class="zem_slink" title="Court" href="http://en.wikipedia.org/wiki/Court" rel="wikipedia">The Court</a> shall, as soon as may be, order the person to be taken before a
<a class="zem_slink" title="Physician" href="http://en.wikipedia.org/wiki/Physician" rel="wikipedia">Medical Officer</a>, not below the rank of an Assistant Surgeon, and the medical officer
shall, after examining such person, prepare and forward a medical report to the Court
regarding the age and physical capacity for ordinary <a class="zem_slink" title="Manual labour" href="http://en.wikipedia.org/wiki/Manual_labour" rel="wikipedia">manual labour</a> of such person. 

(3) The Medical Officer referred to in Sub Rule 2 shall state in the medical report
referred to therein, inter alia, enter the following details in a Health Register maintained
by him.
(a) the age and sex of the person; 

(b) whether the person is suffering from leprosy;
from what, if any, communicable disease other than leprosy, the person is
suffering;
(c) whether the person is an idiot or of unsound mind; and
(d) what is the general state of health and bodily condition of the person and for
which kind of work, if any, he is fit, in the nearest court, by the authorized officer;
(e) Those requiring medical treatment shall be attended to by the Medical Officer in
the Centre or sent to any Government Hospital;
(f) The health of every inmate shall be examined by the Medical Officer once in
every fortnight and the result thereof noted in the history report of the inmate.
  5 (1) The Court after receipt of the medical report make a summary enquiry into the
facts and circumstances of the case and also age, character and the physical capacities
for ordinary manual labour of the person produced before it. 

(2) During such inquiry the Court shall explain to such person the facts alleged
against him in the report of the Authorized Officer and record any statement which he
may wish to make with reference thereto.
(3) If such person disputes the correctness of the report of the authorized officer in
any material respect, the Court shall proceed, as nearly as may be, in accordance with
the procedure laid down for the trail of summons cases in the Code of Criminal
Procedure, 1973. 

(4) If the inquiry cannot be completed forthwith the Court may adjourn it, from time to
time and order the person to be remanded to such place and custody as may be
convenient.
(5) For the purposes of inquiry, the Court may examine the Medical Officer as a
witness and shall reduce the examination to writing.
6 (1) If on completion of inquiry the Court is satisfied that the person was not guilty of
offence punishable under Act, it shall order that such person shall be released forthwith.
(2) If on completion of the inquiry the Court is satisfied that such person is guilty of
the offence under the Act, it shall record a declaration that the person is a beggar and
shall make further orders as provided in sub-rule (3) or sub-rule (4) or sub-rule (5) as the
case may be and the person to be taken before the Medical Officer. 

(3) If the Court finds that the person who is declared a beggar under sub-rule (2) is a
child, it may, subject to the provisions of Section 7, deal with the case in any manner
specified in Section 28 of the Andhra Pradesh (Andhra Area) Children, Act 1920, in
accordance with the provisions of that Act. 

(4) If the Court finds that the person who is declared a beggar under sub-rule (2) has
completed sixteen years of age and is physically capable of ordinary manual labour, it
may, instead of sentencing him under Section 27, order his detention in a workhouse for
a specified period not less than one year but not exceeding three years: 

 Provided that if the Court is satisfied from the circumstances of the case that the
person declared a beggar under sub-rule (2) is not likely to beg again, it may;
(i) instead of releasing him on probation of good conduct under clause (ii)
release such person after due admonition on his giving an undertaking in
writing that he will not again commit an offence under section 3 of the Act. 

(ii)  direct that he be released on his entering into a bond with or without sureties
to appear and receive sentence when called upon during such period as the
court may direct and in the mean time to be of good behavior.
  (5) If the Court finds that the person who is declared a beggar under sub-rule (2) has
completed sixteen years of age but is not physically capable of ordinary manual labour, it
may instead of sentencing him under Section 27, order his detention in a special home
for such period as the Court may deem fit. 

7. Beggars who are not immediately released by the Designated Officer shall be
searched in his presence and any cash or other valuables found with them shall be
taken for safe custody and noted in a Register of Properties.
8 (1) The Designated Officer shall make all necessary arrangements for feeding,
accommodation and medically treating (if required) the beggars during the time of their
retention in the Centre and for conveying them to the Court, Hospital and Relief Centres.
(2) The Receiving Officer shall also attend and aid the Court in dealing with the
cases of beggars produced before it for enquiry and orders.
(3) Whenever a beggar is sent to a Relief Centre by a Designated      Officer, the
person in charge shall enquire into the particulars to be recorded in an Inmate Register.
(4) The particulars contained in an extract of the Property Register sent from the
Receiving Centre with the beggar concerned shall be verified and transferred to a
Register of the Properties and Income.
(5) After the preliminaries are over, each inmate shall be given a disinfectant bath
and immediately supplied with clothing, the clothing worn by him at the time being
destroyed, if it is in rags or in a filthy or shabby condition.
(6) The beggars identified/arrested may be classified into the following categories
with the help of a Medical Officer, wherever it is required;
a.   Diseased and Leprosy effected
b.   Disabled
c.    Mentally unsound
d.    Minors, child beggars and street children.
e.    Aged
f.    Able bodied
g.   Any other  

Males, females and children and each group shall, as far as possible, be
accommodated separately from the rest.  Care shall be taken that inmates suffering from
the infectious disease do not mingle with others. 

(7) In case of able bodied adult beggars, some of them are destitute,
while others may still be staying with their families. In either of those situations, anti-
beggary regulations shall be enforced strictly and severely.
(8) The Officer-in-charge shall see that every beggar is provided prescribed diet at
prescribed times, three times a day.
  (9) In the case of sick persons the diet may be altered either in regard to the scale or
ingredient on the advice of the Medical Officer and the fact recorded in the History
Report. 

(10) The Superintendent/Warden/Incharge of the Home shall personally supervise the
distribution of food to each inmate.
(11) The food shall be cooked under the supervision of one of the staff who shall be
detained for the work by a person In-charge.
(12) The person In-charge shall also visit the kitchen at least once a day and see that
the place and utensils are kept clean and tidy and that the cooking is done with care and
in time.
(13) Every beggar shall get the following articles of clothing and bedding for his use:
Male- 2 pairs of dresses.
Female- 2 Sarees with petticoats and blouses
Bedding Material
One blanket, two bed sheets, one mat, one pillow. 

 The above are to be provided once in every year.
(14) All inmates except the sick shall bath every day.  Every male member shall be
provided cosmetic charges of Rs. 50 per month for purchase of soaps and oils in
addition to an amount of Rs. 5 per month for barber charges.
(15) Every female member shall be provided cosmetic charges of Rs. 75 per month
for purchase of soaps, oils etc. 

(16) The Officer-in-charge shall see that every inmate keeps his person as well as the
clothing, bedding and other articles given to him neat and tidy.
(17) Every inmate shall wash his own clothing at least once a week, usually on
Sundays and at such other times as the officer-in-charge may direct.  In special cases,
however, when any inmate is physically unable to do so, it shall be arranged to have it
done by the staff of the Centre. 

(18) Such inmate whom the officer-in-charge considers fit for work, shall do the work
allotted to him.  In allotting work due regard shall be paid to any ailment from which an
inmate may be suffering.
(19) Arrangements shall be made to impart elementary education, training in arts and
crafts, training in agriculture and poultry, establishment of an industry and primary
education to the inmates.
(20) Daily hours of work shall not exceed six and the wages earned by an inmate
under a system of wages prescribed by separate Rules shall be deposited and paid to
him at the time of discharge.
  Chapter – III 

9. CERTIFIED INSTITUTIONS

Certified Institutions are to be Established as per the following sub-rules 1 &#38; 2 of
Section 11 and sub-rules 1, 2 &#38; 3 of  Section 12 of the Act. 

(1) The Government shall establish and maintain one or more Work-Houses and one
or more Special Homes at such place or places as they think fit; or may certify any
Institution not established and maintained by the Government, to be a Work House or
Special Home for the purpose of this Act, 

(2) Separate accommodation for males and females shall be provided in each such
Certified Institutions.
(3) Every Certified Institution shall be under the charge of a Superintendent who shall
exercise such powers and perform such functions as are assigned to him by or under this
Act.
(4) Every Certified Institution shall make provision for the residence, maintenance,
physical exercise and medical care of its inmates.
(5) Every Certified Institution may, for general public, uplift of its inmates, provide the
following:
i) Training in arts and crafts;
ii) Training in agriculture and poultry;
iii) Establishment of an industry;
iv) Primary education;
v) Education in morals and conduct in every day life;
vi) Health and medical care.
Chapter – IV

10. PROCEDURE TO BE FOLLOWED ON ORDER OF DETENTION: 

(1) When a person has been ordered to be detained in a Certified Institution, the
Court which ordered the detention shall forthwith forward him to the nearest Certified
Institution with a copy of the order of detention and the person shall thereupon be
handed over to the custody of the Superintendent of the Institution, who shall detain him
in the Institution. 

(2) When any such person has been sentenced to imprisonment, the Court passing
the sentence of imprisonment, shall forthwith forward a warrant to a jail in which he is to
be confined and shall forward him to such jail with the warrant together with a copy of the
order of detention.  After the sentence of imprisonment is fully executed, the officer
executing it shall, if detention in a Certified Institution for any period remains to be undergone by such person, forward him forthwith together with the copy of the order of
detention to the nearest Certified Institution.
Chapter - V 

11. DISTRICT AND LOCAL ADVISORY COMMITTEES AND PREVENTIVE
MEASURES: 

(1) Constitution of District Advisory Committee:

A District Advisory Committee may be constituted in every District with the
following members:
(a) Collector and District Magistrate    - Chairman
(b) Superintendent of Police    - Member
(c) Chief Executive Officer (ZP)               - Member
(d) All Municipal Commissioners               - Members
(e) Deputy Director (SW)               - Member/Convenor
(f) District Medical &#38; Health Officer   - Member
(g) District Women and Child Welfare Officer            - Member
(h) District Leprosy Officer    - Member
(i) Assistant Director (Disabled Welfare)  - Member
(j) And also two other persons nominated by each local authority for whose local
area the Certified Institutions are established or certified. 

(2) Local Advisory Committee at the Revenue Division Level: 

A Local Advisory Committee may be constituted in every Revenue Division with
the following members: 

(a) Revenue Divisional Officer   - Chairman
(b) Sub Divisional Police Officer   - Member
(c) Assistant Social Welfare Officer  - Member/Convenor
(d) Deputy District Medical &#38; Health Officer - Member
(e) Mandal Revenue Officer of  the
Revenue Department    - Member
(f) Mandal Parishat Development Officer  - Member
(g) One NGO in the concerned field  - Member 

12. FUNCTIONS AND POWERS OF THE ADVISORY
COMMITTEES:

The functions to be performed and the powers to be exercised by the District and
Local Advisory Committees shall include the following:
  (1) The survey of Beggars is to be conducted by the Municipal Commissioner of the
concerned Municipality in the Urban Area and the Mandal Parishad Development Officer
with the assistance of the Village Secretaries at the village level.  The District Advisory
Committee Headed by the District Collector has to take up a consolidated effort to
provide rehabilitation and other measures.  The Deputy Director, Social Welfare, has to
provide the necessary funds for the identification and rehabilitative Scheme.  Each
District shall identify the number of beggars category wise, and the areas where the
beggary is prevalent in the District. 

(2) Identify the areas and public places i.e., public street, traffic junctions, places of
public conveyance like Bus Stations, premises of Railway Stations, within public
transport, like Buses, Railway Carriages and public places where the beggars take
shelter, in municipal and gram panchayat  areas, where begging is commonly found. 

(3) The District Collector along with the members of the District Advisory Committee
shall work out and plan a strategy of rehabilitation for the beggars basing on the survey;
for the beggars who are diseased, disabled and aged, as a majority of these beggars,
constitute those that are deserted by their family members, are homeless and living on
streets. 

(4) The District and Local Advisory Committees may identify areas and gangs/
persons involved in maintaining the groups of child beggars or street children, who will
be encouraging the child beggars and street children to resort to begging, with an
intention to exploit the children, and solicit or receive alms. The Government machinery
and Authorized Officer shall take action to arrest them and produce them in the Court for
taking criminal action against such persons.
(5) The District Advisory Committee can make recommendations to the Government
to apply the provisions of the Act if required to any specified area.
(6) The beggars after identification by the Committee, can be admitted in the Child
Beggar Homes maintained by the Social Welfare Department or Homes run by any NGO
and provide vocational training and rehabilitative measures.
(7) The District Advisory Committee may also sanction the budget required to
maintain child beggar homes run by the Social Welfare Department or Homes specified
from the Budget allotted to the Social Welfare Department.  The Committee can also
request the Government to consider to provide additional budget for the rehabilitative
measures to prevent the begging in the District. 

(8) The Deputy Director, Social Welfare is the Member/Convenor of the District
Advisory Committee and will carry out the policy and measures approved by the District
Advisory Committee subject to the general orders of the Government.
(9) The District/Local Advisory Committee or any member thereof may visit at all
reasonable times and after due notice to the Superintendent of any Certified Institutions.
13. MEETINGS AND PROCEDURES:
      (1) The District and Local Advisory Committees shall be convened for the
transaction of ordinary business once a quarter in the months of January, April, July and
October. 

(2) The Chairman of the District /Local Advisory Committee will preside over all the
meetings of the Committee and in his absence any member selected by the
Chairman/Committee for the time being will do so.
(3) Every Member of the Committee will  be given notice of an ordinary meeting at
least 7 days before the commencement of the meeting.
(4) The Agenda of the meeting will be forwarded to the members at least 7 days
before the meeting.
(5) Special Meeting of the Committee may also be convened by the Chairman at any
time and notice will be accompanied by the Agenda of the special motions to be
discussed there at.
(6) All points of order relating to the admissibility of a subject for discussion or to the
conduct of business at meetings will be decided by the Chairman and his decision shall
be final.
(7) Any subject not disposed of at any original or adjourned meeting shall be
deemed to have lapsed and may be brought up afresh again at any subsequent
meeting.
(8) A copy of the minutes of each meeting shall be sent to each member as early as
possible after it is over.
(9) The Local Advisory Committee shall adopt rules similar to the above for holding
its meeting and any modifications considered necessary therein may be made with the
approval of the District Advisory Committee. 

(10) The Local Advisory Committee also shall meet quarterly and carry out
programmes given by the Government or District Advisory Committee.  The budget
received for the identification of the beggars and their rehabilitative measures shall be
met from the budgets of Local bodies or Social Welfare Department. 

(11) The minutes of the Local Advisory Committee Meeting shall be forwarded to the
Chairman of the District Advisory Committee along
with the action taken report for any further follow up action.
Chapter – VI

14. FORMATION OF A STATE COMMITTEE:

In order to have a better coordination and implementation of the prevention of
beggary in the State, a State Committee may be constituted with the following: 

Chief Secretary     - Chairman
Principal Secretary, Home Department  - Member
Principal Secretary, Social Welfare Dept.  - Member/ Convenor
Principal Secretary, Panchayat Raj Dept.  - Member
Principal Secretary, Medical &#38; Health Dept . -  Member
Secretary, MA &#38; UD Dept.    - Member
Principal Secretary, WD , CW &#38; DW Dept.  - Member
Secretary, Finance  Dept.    - Member
 The Committee will review once in 6 months the progress made in the
implementation of the Act.
Chapter - VII
15. BUDGET:

(1) The Budget required for implementation of the prevention of Begging in the State
is to be provided by the Government which in turn should be released to the
Commissioner, Social Welfare for effective implementation.
(2) The Commissioner, Social Welfare has to release the budget to the Deputy
Director, Social Welfare of the District in order to submit to the District Advisory
Committee for implementation of the programmes through the Local Advisory
Committees to prevent begging in the District.
  Chapter - VIII

16. INSTITUTIONS FOR IMPLEMENTATION OF RELIEF AND REHABILITATION:

(1) On receiving budget from the Commissioner, Social Welfare, the Deputy
Director, Social Welfare shall submit to the Chairman/District Advisory Committee for its
effective utilization in Child Beggar Homes run by the Government or Homes run by the
NGOs. 

(2) The staff incharge of the Child Beggar Home shall be assisted by a
establishment and the strength of the staff shall be sanctioned by the Government.  The
staff of the Home shall carry out the duties prescribed to him and also to maintain all the
registers prescribed. 

(3) The Staff of the Home/Centre shall attend duties during the timings prescribed by
the District Advisory Committee and the incharge of the Home shall also visit during
nights and satisfy himself/herself that every thing is in order and that the night duty
watch and ward persons are alert.   

(4) He/She shall maintain a diary of work attended to by him/her daily.
(5) All complaints of the inmates shall be recorded by him/her in a Register of
complaints and he/she will either redress any genuine grievance himself/herself or
submit a report on it to the Deputy Director, Social Welfare in order to submit to the
District Advisory Committee. 

(6) The daily attendance of the Beggars at each Home/Centre shall be exhibited on
a notice board.
17. DAILY ROUTINE AND DISCIPLINE:

(1) All inmates except the sick shall rise at 6 a.m. and get into bed at 9 p.m. every
day.  The several hours shall be announced by ringing a bell.
(2) Rolls shall be called twice daily by the Warden on duty at 11 a.m. and 4.30 p.m.
(3) Inmates shall behave in an orderly manner and be respectful to the authorities
and visitors to the Home/Centre.
(4) The inmates shall not gamble, sing, make any loud noise, quarrel, use
threatening or abusive language or cause intentional annoyance to other inmates or
cause intentional annoyance to other inmates or to any member of the establishment.
(5) No inmates shall bring or cause to be brought into the Home/Centre or make use
of tobacco, spirits or luxuries of other description except when permitted by the person in
charge on medical
grounds. 

(6) No inmate shall cause damage or injury to the officer-in-charge, Warden and
other persons having authority to exercise control over the inmates.
  (7) The inmates shall not cause damage or injury to the property of the
Home/Centre. 

(8) The inmates shall obey the lawful orders of the officer-in-charge/Warden and
other persons having authority to exercise control over the inmates.
 18. PUNISHMENTS:
The Officer-in-charge may award any of the following punishments for breach of
any of the rules or for insubordination or misbehaviour : 

(1) Formal warning;
(2) Forfeiture of privileges such as permission to go out or receive visits for a period
not exceeding three months;
(3) Reduction in number of quantity of meals;
(4) Imposition of extra work; 

19. DISCHARGE AND PERMISSION:
(1) A Beggar may obtain an order of discharge from the Magistrate or permission to
go out for short periods from the officer-in-charge on being able to show to their
satisfaction that he will lead a normal life and not resort to begging if discharged or
permitted. 

(2) A Beggar may be discharged at any time if any interested relative or friend
undertakes to take care of him and not to allow him to beg and executes a surety bond
to that effect to the satisfaction of the Court.
(3) All cases, of discharge or permission shall be listed from time to time and
submitted to the District Advisory Committee for information.
(4) On the day of discharge or permission the state of health and weight of the
inmate concerned shall be recorded by the Medical Officer in the History Report.  The
belongings of the inmate shall be handed over to him under his signature or thumb
impression. 

Chapter - IX

20. ARREST AND PROSECUTION:
 Any Police Officer or Such Other Officer as may be authorized by the
Government in this behalf shall usually act under the instructions of the Officer-InCharge of the Home/Centre in performing the duties under the provisions of the Act. 

The Duties include the following:
(1) Arresting persons found begging (Section 3(1)(2),4(1) and 10 of the Act) and
removing them to the nearest Receiving Centre.
(2) Producing such persons before the nearest Magistrate having jurisdiction as
often as may be necessary (Sections 4(2) of the Act) after the Officer-In-Charge of the
receiving Centre has enquired into their cases.
  (3) Removing beggars from the Home/Centre to the other Home/Centre under the
orders of the Receiving Officer. 

(4) Re-arresting beggars who abscond without an order of discharge or permission
or resort to begging after obtaining such an order or permission and producing them
before the Magistrate (Section 22(2) and 27(2) of the Act)
(5) Arrest of abettors and their prosecution before a Court of law (Section 27 of the
Act).
(6) Removing Beggars to the jail when sentences of imprisonment are passed in
cases under Sections 19.
(7) Aiding enquiries by the receiving officer as ordered by the Magistrate, by tracing
the relatives and properties of Beggars and by ascertaining the solvency or otherwise of
sureties offered (Section 9(2)(a) of the Act). 

(8) Attending to other duties when directed by the Chairman in this behalf.
Chapter - X

21. MISCELLANEOUS: 

(1) A child below 7 years of age in the care of its mother who is committed to the
Home/Relief Centre may also be permitted to remain with her if it cannot be placed with
any relative or otherwise provided for.  If any question arises as to whether a child is
below 7 years of age or not, it shall be determined by the Officer-In-Charge. 

(2) A child born after the committal of its mother may remain with her.
(3) Arrangements shall be made to maintain and train all children above 7 years and
below 12 years of age either in the Home/Relief Centre or outside when any relative or
other trustworthy person is forthcoming.
(4) If any Religious or Charitable Body or individual offers on festival occasions,
small luxuries in the shape of fruits and  sweetmeats, they may be received by the
Officer-In-Charge in his discretion and distributed to well behaved Inmates.  If cash is
received, fruits and sweets shall be purchased and distributed. 

(5) Any relation of any inmate may be permitted to visit him by the Officer-In-Charge.
Such visits shall be once in 15 days and shall not exceed 30 minutes in duration.  In
case of grave illness more frequent visits may be allowed by the person incharge at his
discretion. 

(6) Daily prayers may be arranged according to the faith and persuasion of the
Inmates.  Arrangements shall also be made to give simple moral instructions once a
week to all inmates.
  (7) The rules, regulating the working of the Homes/Relief Centres run by the
Government/NGOs shall be adopted by Local Advisory Committee with such changes as
are considered necessary. 

(8) Beggars may be transferred from one Home/Centre to another Home/Centre
under the orders of the Chairman of the District Advisory Committee.
(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH) 

AJOYENDRA PYAL
Principal Secretary to Government
To
 The Commissioner of Printing, Stationery and
Stores Purchase, A.P., Hyderabad.
(for publication in the extraordinary gazette and
supply 1000 copies to this Department)
All Departments in the Secretariat
(with a request to communicate to the offices
under their control)
All Heads of Departments
All District Collectors
The Director General of Police, A.P., Hyderabad
The P.S. to Special Secretary to Chief Minister
The Commissioner of Social Welfare, A.P. Hyderabad
The Commissioner of Tribal Welfare, A.P. Hyderabad
The Registrar, High Court of A.P. Hyderabad
The Law (J) Department Copy to :
The P.S. to M(SW&#38;TW)/Home
The P.S. to Chief Secretary to Government
The Special Secretary to C.M. SOCIAL WELFARE DEPARTMENT
Refresher Course for TWO days to the Cooks, Kamatis &#38; Watchmen
Course Co-Ordinator :: Deputy Director (SW) of concerned District
Date : (1
st
 Day)…………………………………
9.00 AM to   9.30 AM                         : : Registration
9.30 AM to 10.00 AM                      ::  Inauguration
10.00 AM to 11.30 AM  ::  Nutritional Awareness By CHF
11.30 AM to 11.45 AM  ::  Tea Break
11.45 AM to 1.15 PM  ::  Personal Health &#38; Hygiene Sanitation of
Hostel – Medical Awareness &#38; First Aid
By CHF
2.00 PM to 3.15 PM  ::  Food Adulteration &#38; Brand Awareness
by CHF
3.15 PM  to 3.30 PM  : : Tea Break
3.30 PM to 5.00PM  : : Demonstration by the Consumer Health
Foundation
Date : (2
nd
  Day)…………………………………
10.00 AM to 11.15 AM                         : : Water Management &#38; Providing safe
drinking water by CHF
11.15 AM to 11.30 AM                      ::  Tea Break
11.30 AM to 1.00 PM  ::  Maintenance of Stores, Kitchen &#38; Dining
Hall by CHF
1.00  PM to 1.45 PM  ::  Lunch Break
1.45  PM to 2.45 PM  ::  Job Chart of workers and Administrative
Matters by DD/ASWO
2.45 PM to 3.00 PM  :: Tea Break
3.00 PM to 4.30 PM  ::  Competitions of demonstrate cooking
skills by the participants
4.30 PM to 5.00 PM   : : Feed back from participants
GUIDELINES FOR CONDUCTING PROGRAMME :
1. Select 100 participants for 2 day training program
2. Select only 60 workers from Cooks, Kamatis &#38; Watchman among the District
Hostels &#38; the balance can be covered in a different programme.
3. Select any two ASWOs (Male &#38; Female ) 4. Select any 10 Hostel Welfare Officers (male and female)
5. Select 2 students leaders each from 15 hostels from those who do not appear
for Public Examinations
6. Deputy Director (SW) and DSWO should compulsorily  attend
7. Involve DMHO, Municipal Health Officer and Nutritional and experts from
medical college from the Department of Social &#38; Preventive Medicine
8. District Collector and Non-Official ({Public Representative) may be involved in
Inauguration/Velediction
Joint Director concerned will Co-Ordinate and Supervise</pre>
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]]></content:encoded>
</item>
<item>
<title><![CDATA[THE ANDHRA PRADESH INDUSTRY FACILITATION COUNCIL  (ARBITRATION) RULES, 1999]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-industry-facilitation-council-arbitration-rules-1999/</link>
<pubDate>Thu, 27 Oct 2011 10:46:51 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-industry-facilitation-council-arbitration-rules-1999/</guid>
<description><![CDATA[RULES SUPPLEMENT TO PART I Image via Wikipedia EXTRAORDINARY OF THE ANDHRA PRADESH GAZETTE PUBLISHED]]></description>
<content:encoded><![CDATA[<pre>RULES SUPPLEMENT TO PART I</pre>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://en.wikipedia.org/wiki/File:800px-Assembly1.jpg"><img class="zemanta-img-configured" title="The Andhra Pradesh State Legislative Assembly ..." src="http://upload.wikimedia.org/wikipedia/en/thumb/8/83/800px-Assembly1.jpg/300px-800px-Assembly1.jpg" alt="The Andhra Pradesh State Legislative Assembly ..." width="300" height="225" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre>EXTRAORDINARY
OF
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
No.38 [A]    HYDERABAD,  THURSDAY,  OCTOBER 14,  1999.
NOTIFICATIONS BY <a class="zem_slink" title="State government" href="http://en.wikipedia.org/wiki/State_government" rel="wikipedia">GOVERNMENT</a>
INDUSTRIES &#38; <a class="zem_slink" title="United States Department of Commerce" href="http://maps.google.com/maps?ll=38.8943,-77.0328&#38;spn=0.01,0.01&#38;q=38.8943,-77.0328 (United%20States%20Department%20of%20Commerce)&#38;t=h" rel="geolocation">COMMERCE DEPARTMENT</a>
(<a class="zem_slink" title="Sensitive Security Information" href="http://en.wikipedia.org/wiki/Sensitive_Security_Information" rel="wikipedia">SSI</a>)
THE ANDHRA PRADESH INDUSTRY FACILITATION COUNCIL
(<a class="zem_slink" title="Arbitration" href="http://en.wikipedia.org/wiki/Arbitration" rel="wikipedia">ARBITRATION</a>) RULES, 1999
[G.O.M.No.307, Industries &#38; Commerce (SSI),
dated 11
t h
 October, 1999]
In exercise of the powers conferred by sub-section (3) of <a class="zem_slink" title="Taxonomic rank" href="http://en.wikipedia.org/wiki/Taxonomic_rank" rel="wikipedia">Section</a> 7B of the
Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,
1993 (Act 32 of 1993), the Governor of <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> hereby makes the following
rules, namely:-
1.  Title &#38; Extent:- (1) These rules may be called the Andhra Pradesh Industrial
Facilitation Council (Arbitration) Rules, 1999.
(2)   They shall apply to all disputes under the Interest on delayed payments
to Small Scale and Ancillary Industrial Undertakings Act 1993 (Act 32 of 1993) which
may be referred for arbitration and conciliation under sub-section(2) of section  6 of the
said Act and to all Industry Facilitation Councils established in the State of Andhra
Pradesh by notification under section 7A of the said Act.
2.  Definitions:- In these rules unless the context otherwise requires
(a) “Act” means the Interest on delayed payments to Small Scale and
Ancillary Industrial Undertakings Act 1993 (Act 32 of 1993)
(Central Act 32 of 1993)
(b)      “Arbitration and Conciliation Act” means the Arbitration and
Conciliation Act 1996 (Central Act 26 of 1996)2
(c ) “<a class="zem_slink" title="Northern Ireland Assembly" href="http://www.niassembly.gov.uk" rel="homepage">Chairperson</a>” means the Chairperson of a Council and includes
the sole member of such Council
(d) “<a class="zem_slink" title="Plaintiff" href="http://en.wikipedia.org/wiki/Plaintiff" rel="wikipedia">Claimant</a>” means the supplier as defined in the Act.
(e) “ Council” means any Industry Facilitation Council, established by
the State Government under Section 7A of the Act having jurisdiction
to arbitrate over the dispute and every such Council shall be an arbitral
tribunal for the purpose of the Arbitration and Conciliation Act, 1996.
(f) “Member” means a member of a Council
(g) “Respondent” means the buyer as defined in clause © of section 2
of the Act from whom the claimant seeks to recover any amount
due under the Act together with the interest thereon as provided for
in the Act.
(h) “Government” means the State government.
3.  Establishment of Councils: (1)  The State Government may, by notification in
the Andhra Pradesh Gazette Extraordinary establish the Andhra Pradesh Industry
Facilitation Council for arbitration having such jurisdiction for the whole or any part of
the State of Andhra Pradesh as may be specified in the notification.
(2)   The government may be notification establish one or more other industry
facilitation councils for arbitration at such place within the state, with such name and
such number of members as may be necessary for the separate identification of each or
any of them and with such pecuniary or territorial jurisdiction  as may be specified in
the notification.
(3)    Every council shall be subject to the administrative control of the Government
and shall follow such administrative and record  keeping procedure as the Government or
the Council established under sub-rule (1) may, by order, direct.
(4)  The government may, by notification, abolish any Council and vary the
jurisdiction of any Council or reconstitute any Council as it may deem fit  at any time and
provide for the continuation or disposal of any references pending before any such
council.4.  Composition of Councils:- (1)   Every Council established by the Government
shall consist of either –
(a) a sole member, who shall also be the Chairperson thereof, or
(b) a Chairperson and two other members3
as the Government may, by notification, appoint from amongst the following categories
of persons namely:-
(i)   Director of industries, by whatever name called, or any other officer not
below the rank of such Director, of the state government.
(ii)        Representatives of banks and financial institutions
(iii) Office bearers or representatives of <a class="zem_slink" title="State ownership" href="http://en.wikipedia.org/wiki/State_ownership" rel="wikipedia">State Industry</a> Associations and
(iv) Persons having special knowledge in the field of industry, finance, law,
 trade and commerce.
Council, as the case may be shall be the Director of Industries, by whatever name
called, or any other officer not below the rank of such Director, of the State
Government.
(2)     The term of office of the members other than the chairperson shall be for a
period of two years from the date of appointment.
Provided that a member shall continue as a member of the Council beyond the
term of two years in office until another member is appointed in his place:
Provided further that the Government may re-appoint a member for a further term
of two years but no member shall be so re-appointed more than once.
(3) Any member of the Council may resign from the Council by one month’s
notice in writing to the Government.
(4) The government may remove from office, any member, who has,
(a) been adjudged and insolvent, or
(b) been convicted of an offence which, in the opinion of the Government,
involve moral turpitude, or
(c) become physically or mentally incapable of acting as a member, or
(d) acquired such financial or other interest as is likely to affect prejudicially
his functions as a member, or
(e) so abused his position as to render his continuance in office prejudicial to
the public interest, or
(f) remained absent in three consecutive sittings except for reasons beyond
control.
Provided that no member shall be so removed on the grounds mentioned in (d),
(e) and (f) except after an inquiry held by the Government in this behalf and finds the
member guilty of such ground.
(5) Any vacancy arising in any Council for any reason whatsoever may be
filled by the Government by notification.4
5.  Remuneration and Allowances of Members:- The remuneration, honorarium or
fees and any allowances that may be paid to the members shall be at such rates as the
Government may be order specify.
6. Reference to be by <a class="zem_slink" title="Cause of action" href="http://en.wikipedia.org/wiki/Cause_of_action" rel="wikipedia">statement of claim</a>:- (1)  A reference to the Council shall
be made by way of a statement of claim in Form 1 accompanied by such documents and
facts supporting his claim enclosing the requisite number of copies together with an
initial share deposit towards costs of an amount of rupees five hundred by way of a
demand draft in the name of the Council.
(2) If any reference contains any claim in respect of the matters other than
those referred to in sub-section (1) of section 6 of the Act, the Council shall return the
claim to the claimant for deletion of the matters extraneous to that section.
Provide that if the claimant does not comply within thirty days of such return the
Council may terminate  the proceedings without prejudice to the right of the claimant to
make any fresh reference if he is otherwise entitled so to do.
(3) The Council may require any claimant to provide any better statement or
particulars of claim or any further documents in  support of the claim as it may consider
necessary for the purpose of the proceedings and if the claimant fails or omits to do so
within thirty days of receipt of any such communication or within such further time as the
Council may, for sufficient cause, allow, the council to terminate the proceedings without
prejudice to the right of the claimant to make any fresh reference if he is otherwise
entitled so to do.
7. Challenge of member:- (1)  On receipt of a statement of claim, every
member shall disclose in writing any circumstances likely to give rise to justifiable
doubts as to his independence or impartiality and any such disclosure shall be sent to the
parties along with the notices in Form 2 calling for a statement of defence and thereafter,
the requirements of sub-section (2) of Section 12 of the Arbitration and Conciliation Act
shall apply.
(2) The grounds for challenge of a member and the procedure for challenge
shall be in accordance with Sections 12 and 13 of the Arbitration and Conciliation Act.
(3) On a successful challenge, the Council shall cease to proceed with the
reference and transfer the case to such other Council having alternate or concurrent
jurisdiction over the dispute and such other Council shall thereafter proceed with the
reference afresh or as it may deem fit having regard to the stage of proceedings
completed in the former Council.
8. Statement of Defence:- (1) The Council shall if it is satisfied that, on the
facts stated therein, it has jurisdiction to proceed with the reference and that the claim is
entitled under the Act to make a reference, cause a copy of the statement of claim to be
sent by registered post to the respondent along with the copies of the attached documents
and issue notice in Form 2 to the respondent asking him to furnish within thirty days a 5
statement of defence in Form 3 with such documents and facts in support of his defence
or having a bearing on the matter under reference together with his half share of deposit
for costs in such manner as may be specified therein and within the time allowed to the
respondent for furnishing his statement of defence.
(2) A copy of the notice in Form 2 shall also be sent by registered post to the
claimant along with a notice in Form 4 calling upon the claimant to pay a further amount
after adjusting the initial deposit made by him towards his half share of deposit for costs
in such manner as may be specified therein and within the time allowed to the respondent
for furnishing his statement of defence.
(3) The Council may, on an application made by the respondent showing
sufficient cause, allow such further time for the statement of defence as it may consider
fit, but not exceeding sixty days form the date of receipt by the respondent of the notice
under sub-rule (1).
9. Hearings and written proceedings:- (1) On receipt of the statement of
defence and if the amount of deposits be paid by the parties, the Council shall send a
copy of the statement of defence to the claimant and fix a date for appearance and hearing
of the parties and issue notice by registered post in Form 5.
(2) If the respondent fail or omit to send a statement of defence within the
time given to him, the council shall proceed to fix a date for the appearance and hearing
of the and issue notice by registered post in Form 5.
Provided that if the respondent failed or omitted to pay his share of the deposit the
Council shall call upon the claimant to pay that share also within fifteen days of receipt of
the notice.
Provided further that if the claimant  has not paid the aforesaid share, the Council
may suspend or terminate the proceedings.
(3) At the first hearing, the council shall not proceed to enter upon the merits
of the subject matter in dispute, till it has decided on any challenge to jurisdiction or any
challenge to any of its members.
(4) The Council shall decide whether to hold oral hearings for the presentation
of  evidence or for argument, or whether proceedings shall be conducted on the basis of
documents and other materials.
Provided that the Council shall hold oral hearings at an appropriate stage of the
proceedings, on request by a party, unless the parties have agreed that no oral hearing
shall be held.
(5) The parties shall be given sufficient advance notice of any hearing and of
any meeting of the Council for the purpose of inspection of documents, goods or other
property.6
(6) All Statements, documents or other information supplied to, or
applications made to the council by one party shall be communicated to the other party,
and  any expert report or evidentiary document on which the Council may rely in making
its decision shall be communicated to the parties.
(7) Where without cause:
(a) the claimants fails to communicate his statement of claim in accordance
with these rules and section 23(1) of the Arbitration and Conciliation Act,
the Council shall terminate the proceedings.
(b) The respondent fails to communicate the statement of defence in
accordance with these rules and section 23(1) of the Arbitration and
Conciliation Act, the Council shall continue the proceedings without
treating that failure in itself as an admission of the allegations by the
claimant.
(c) A party fails to appear at an oral hearing or to produce documentary
evidence, the council may continue the proceedings and make the arbitral
award on the evidence before it.
(8) The Council may, appoint one or more experts in terms of section 26 of
the Arbitration and conciliation Act.
(9) The Council, or a party with the approval of the Council, may apply to
court under section 27 of the Arbitration and conciliation Act for assistance in taking
evidence.
(10) The Council may with the agreement of the parties, at any time during the
proceedings, use mediation, conciliation or other procedures to encourage settlement of
the dispute under section 30 of the Arbitration and Conciliation Act.
(11) The Council shall conduct its proceedings at such place as the
Government may specify in the notification.
(12) The Council, on such terms as it may think fit at any stage for reasonable
or sufficient cause, adjourn the hearing from time to time but it shall so conduct the
proceedings that the decision is given as far as possible within ninety days of the first
date of hearing.
(13) At any stage of the proceedings, if the parties jointly apply to the Council
that the proceedings be terminated, the Council shall terminate the proceedings.
10. Decision by Council:- (1) Where the Council is composed of three
members, any decision of the Council shall be by a majority of all its members.
(2) Notwithstanding any thing contained in sub-rule (1) if authorized by the
parties or all the members of the Council, questions of procedure may be decided by the
Chairperson.7
11. Deposits:- (1) In fixing the deposits or supplementary deposits as an
advance for costs and in determining the costs and expenses of the arbitration referred to
in section 31(8) of the Arbitration and Conciliation Act, the Council shall comply with
any scale or scheme of fees and expenses that the government may , by order,  specify and
all the provisions of Section 38 of the Arbitration and Conciliation Act, shall be complied
with.
(2) In any case where the proceedings are terminated before making of an
award, the Council shall adjust its costs and expenses from any of the  deposits as it may
deem fit and proper in the facts and circumstances of the case and refund the balances of
deposits, if any, to the respective parties.
12. Arbitral Award:- (1) The Council shall make an arbitral award in
accordance with section 31 of the Arbitration and Conciliation Act.
(2) The Arbitral award shall be stamped in accordance with the relevant law
in force.
13. Interpretation of Rules:- Notwithstanding anything contained in these rules,
the arbitral proceedings shall be governed by the Arbitration and Conciliation Act and
these rules shall be interpreted and applied so as to be consistent with and supplementary
to and not in derogation of the Arbitration and Conciliation Act.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA
PRADESH)
SHEELA BHIDE,
Principal Secretary to Government</pre>
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<title><![CDATA[LAONI RULES, 1950]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/laoni-rules-1950/</link>
<pubDate>Thu, 27 Oct 2011 10:27:50 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/laoni-rules-1950/</guid>
<description><![CDATA[The Assignment of land in Telangana area Image via Wikipedia LAONI RULES, 1950 No. 64               ]]></description>
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<pre><strong><em>The <a class="zem_slink" title="Assignment (law)" href="http://en.wikipedia.org/wiki/Assignment_%28law%29" rel="wikipedia">Assignment</a> of land in <a class="zem_slink" title="Telangana" href="http://en.wikipedia.org/wiki/Telangana" rel="wikipedia">Telangana</a> area</em></strong></pre>
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<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Telengana.PNG"><img class="zemanta-img-configured" title="Telangana region marked in white within the st..." src="http://upload.wikimedia.org/wikipedia/commons/thumb/6/6c/Telengana.PNG/300px-Telengana.PNG" alt="Telangana region marked in white within the st..." width="300" height="286" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
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<p>LAONI RULES, 1950</p>
<p>No. 64                                                          <em>Dated </em><em>the 16th November, 1950</em></p>
<p>In exercise of the powers conferred by Section 172 of the <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> (Telangana <a class="zem_slink" title="Area" href="http://maps.google.com/maps?ll=37.7964,-122.4041&#38;spn=1.0,1.0&#38;q=37.7964,-122.4041 (Area)&#38;t=h" rel="geolocation">Area</a>) Land Revenue Act, 1317 F., the &#8216;Governor is pleased to make the following Rules:—</p>
<p>1.   (a) These rules may be called the Laoni Rules, 1950, and shall come into</p>
<p>force from the date of their publication in the Gazette.</p>
<p>(b) From the date of enforcement of these Rules, the Laoni Rules, 1347F, shall be repealed; but any action taken under the said Rules shall be deemed to have been taken under these Rules.</p>
<p><strong><a class="zem_slink" title="Case law" href="http://en.wikipedia.org/wiki/Case_law" rel="wikipedia">CASE LAW</a></strong></p>
<p>A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, Sees. 2(1) and 3 &#8211; Assignment of land &#8211; Rules of revised Assignment policy Issued in G.O.Ms.No. 1406, Revenue, dated 25-7-1958. Land assigned under Laoni Rules 1950 In 1953. No prohibition for transfer of land assigned in 1953 under those Rules. Condition of non-alienabilityof assigned land enforcd only in 1958 under the G.O.Ms.No. 1406. Land assigned without a condition of non-alienability does not fall within the mischief of Sec. 3 of the Act and does not come within the definition of &#8216;assignd land&#8217; under Sec. 2(1) of the Act. Suit land covered by Sale deed dt. 20-3-1967 obtained by plaintiffs from the L.Rs. of original assignee to worn the said land was assignd in 1953 under Laoni Rules of 1950 when there was no condition of non-alienability therefore not hit by provisions of Act 9 of 1977. <em>G.V.K. Rama Rao vs. </em><em>Bakelite</em><em></em><em>Hylam</em><em> </em><em>Employees</em><em> </em><em><a class="zem_slink" title="Cooperative" href="http://en.wikipedia.org/wiki/Cooperative" rel="wikipedia">Co-op.</a></em><em> </em><em>House</em><em> </em><em>Building</em><em> Society, Hyd., 1997 (4) ALT 304.</em></p>
<p>2.      Any person desiring to take up unoccupied land shall submit a petition<br />
to the Taahsildar in writing. This application need riot be stamped. The<br />
person so applying shall not enter upon the land without obtaining the<br />
previous permission in writing from the <a class="zem_slink" title="Tehsildar" href="http://en.wikipedia.org/wiki/Tehsildar" rel="wikipedia">Tahsildar</a>&#8216;s Office.</p>
<p>3.      The village patwari shall furnish to any person desirous of so applying<br />
full information regarding the nature of the land available for being<br />
granted for cultivation. No fee shall be charged for giving such information<br />
and if applicant is illiterate; the <a class="zem_slink" title="Village accountant" href="http://en.wikipedia.org/wiki/Village_accountant" rel="wikipedia">Patwari</a> himself should if requested to do<br />
so, assist in writing the application.</p>
<p>4.      (a) A separate file with a fly-sheet as per Form-A shall be opened in</p>
<p>respect of each application received by the Tahsildar for land for laoni.</p>
<p>(b) An Index Register of all the applications received shall be mainatined in Form-B.</p>
<p>5.  (a) The applications shall be registered in the order in which they are</p>
<p>received in a register in Form-C (1) to be opened separately for each kind of land such as (a) lands assessed as waste (b) unassessed lands and (c) reseerved lands.</p>
<p>(b)          Applications for vacant sites for building purposes, etc. shall be<br />
entered in register in Form-C (2).</p>
<p>(c)           Eah application on being duly entered in the registeres shall be<br />
forwarded by the Tahsildar to the Girdawar of the halqa in which the<br />
village is situate for submission of detailed inspection and report.</p>
<p>- &#8211; -</p>
<p>&#160;</p>
<p>1.          Subs, by A.P.A.O. 1957.</p>
<p>2.          Published in the A.P.Gaz.,dt. 7-12-1950 (No. 62).</p>
<p>&#160;</p>
<p>- &#8211; -</p>
</div>
<p>&#160;</p>
<div>
<p>6.      The Girdawar shall maintain a register in Form-&#8217;D&#8217; and enter therein the<br />
partiulars of the appliation reeived from the Tahsil Office. He shall then<br />
issue a notice in Form-&#8217;E&#8217; stating therein the name of the applicant<br />
particulars of the land applied for the date on which the Girdawar would<br />
inspect the land, such date being fixed not earlier than 15 days from the<br />
date of issue of notice Copies of the notice shall be served on the<br />
applicant and on the adjoining land-holders. The village officers shall<br />
also affix a copy of the notice in a conspiuous place in the village chavadi<br />
and on the land applied for, and the contents thereof shall be proclaimed<br />
by beat of drum.</p>
<p>7.      On the date fixed for inspection, the Girdawar shall proceed to the village<br />
and in the presence of the applicant and of such of the adjoining land­<br />
holders as may be present, of the village officials and of other prominent<br />
persons of the village, draw up a panchanama mentioning therein the<br />
nature of the land applied for the extent required, and all relevant<br />
information about other appliants who may also indicate their willingness<br />
to take up the land, and prepare a sketch of the land applied for showing<br />
its approximate position to other lands of the village. He shall also obtain<br />
of the sketch the signature or thumb impression, if illiterated of the<br />
applicant to confirm his application for the particular land.</p>
<p>8.      The Girdawar in his report enclosing the said panchanama shall given<br />
full information as regards the total extent of land under each head<br />
available in the village, the number of cattle, the nature of the land<br />
applied for, the <em>bonafide </em>nature of the application, and other relevant<br />
matters and submit it to the Tahsildar within a month from the date of<br />
receipt of the appliation from the Tahsilar for inspection and report. This<br />
report shall be accompained by a memoradum in Form-F.</p>
<p>9.      The Tahsildar shall, on receipt of the report from the Girdawar decide<br />
whether the request of the applicant for <a class="zem_slink" title="Land grant" href="http://en.wikipedia.org/wiki/Land_grant" rel="wikipedia">grant of land</a> may be complied<br />
with, after giving due consideration to the following matters:-</p>
<p>&#160;</p>
<p>(a)           If the land applied for is reserved for public purposes, such as soures<br />
of irrigation, lands with groves of trees where people are in the habit<br />
of assembling periodically for purposes of fairs,jatras orworship, or<br />
when the lands are treated as reserved forests or are set apart for the<br />
use of the Public Works Department or for manufaturing salt, or<br />
taking clay for purposes of potters trade, etc., the application shall<br />
be rejected and the applicant be informed accordingly within a<br />
month of the report from the Girdawar oof the <em>halqa.</em></p>
<p>(b)          Before passing any orders on applications for grant of lands out of<br />
small scattered numbers of poramboke and kharij khata, the<br />
Tahsildar shall ascertain whether the land is required to be set apart<br />
under Section 25 of the A.P. (Telangana Area) Land Revenue Act for<br />
pasturage, for cattle, for grass-reserves, for any Government purposes<br />
or for the benefit of the public. Atleast 10 per cent of the total area<br />
under cultivation in a village shall be set apart as grazing lands for<br />
cattle, etc. No lands shall be assigned unless these minimum<br />
requirements have been provided for.</p>
<p>If after providing for grazing lands, some land is still available for cultivation, the Tahsildar shall submit a recommendation to the Collector for sanction of such ocupation in all cases where the extent of land applied for is more than 8 acres of dry land. The Tahsidar shall also refer to the Collector for orders all applications for land under wet cultivation. Where the land applied for is 8 areas or less of dry land and the estimated value of the same with Malki or value of</p>
</div>
<p>&#160;</p>
<div>
<p>trees, buildings, etc., thereon is below 100 rupees, the Tahsildar is authorised to grant the same after holding an auction thereof himself or through the Girdawar.</p>
<p>(c)   If from the panchanama and the report of the Girdawar it is apparent<br />
that the land applied for is only an assessed waste, whether from the<br />
commencement of the period of settlement or has become waste<br />
land subsequently due to the resignation or resumption, the Tahsildar<br />
shall proceed to dispose of the land as follows:—</p>
<p>(i) If the land is dry land and has long lain waste, the Tahsildar shall fix a date for the sale of such land to the village where it is situate.</p>
<p>(ii) If the value of such land, mentioned in clause (i) above, is estimated to be less than Rs. 100, the Tahsildar may allow the sale to be conducted on the spot by the Girdawar. (iii) If the value of the land exceeds Rs. 100 but does not exceedRs.500 according to the panchanama sent up by the Girdawar with his report, the Tahsildar shall conduct the sale personally on a specified date after giving due publicity thereto in the village where the land is situate and after affixture of a copy of the notice to the Notice board of the Tahsil Office, (iv) In all cases where the value of the land is estimated to be Rs. 500 or more, but within Rs. 2,000 the Tahsildar shall submit a recommendation to the Deputy or Assistant Collector to conduct the sale personally. The Deputy or Assistant Collector, after passing orders for disposal of such land by public auction shall conduct the sale personally on a specified date after giving due publicity thereto in the village where the land is situate and after affixture of copies of the notice to the Notice boards in the offices of Tahsil and Division.</p>
<p>(v) If the estimated value of the land is Rs. 2,000 or more, the recommendation shall be submitted by the Deputy or Assistant Collector to the Collector. The Collector after passing orders for the disposal of such land by public auction, shall conduct the sale personally on a specified date after giving due publicity thereto in the village where the land situate and affixture of copies of the notice boards in the respective offices of Tahsil, Division and District.</p>
<p>(d)  In case of lands which adjoin forest boundaries or which contain<br />
sendhi or toddy trees at the rate of more than 50 per acre; the<br />
Tahsildar shall submit the records to the Collector, and the Collector<br />
shall pass orders after ascertaining from the Forest and Excise<br />
Departments, whether they have any objection to the granting of the<br />
land applied for. The Forest and the Excise .Department shall<br />
express their views within a period of two months from the date they<br />
receive proposal from the Collector in this behalf. If there be any<br />
objection either to the Forest or to the Excise Department the land<br />
shall not be given of Laoni and shall be reserved for the purposes of<br />
the Forest or Excise Department with the approval of the Board of<br />
Revenue. But in respect of lands adjoining the forests whose<br />
boundaries have been demarcated, it is sufficient to order the<br />
Tahsildar to inspect the land personally and to report as to whether<br />
the forest boundaries have been demarcated.</p>
</div>
<p>&#160;</p>
<div>
<p>If such a report discloses that the demarcation has been completed and if the revenue records show that the area of the forest has been separately noted and excluded from other lands by correction of <em>akarbands </em>and maps, it shall not be necessary to consult the Forest Department.</p>
<p>(e)          If the area applied for is only a part of a number and if there be no<br />
objection for the grant of such land, the land applied for shall be<br />
measured roughly by the Girdawar and allotment made after fixing<br />
a temporary assessment at the rate at which the adjoining land or<br />
the nearest adjoining number has been assessed already. This<br />
temporary rate of assessment shall be levied till the Department of<br />
Land Records (Survey and Settlement) completes the sub-divisional<br />
survey and corrects the ofoorband.</p>
<p>(f)            While submitting papers, the valuation of trees standing on the land<br />
shall be made in the first instance by the Girdawar according to the<br />
local estimate and thereafter scrutinised by the Tahsildar. The<br />
Tahsildar shall then auction the trees on the spot by fixing a date<br />
after giving wide publicity. In case of Sendhi or Toddy trees, the<br />
valuation shall be at the rate of Rs. 10 per tappable tree or at such<br />
other rate as may be fixed from time to time.</p>
<p>(g)         When it is decided to dispose of the land by auction the auction<br />
amount of the land and the trees standing thereon shall be recovered<br />
as follows:—</p>
<p>On the date of the auction, after the auction is held or within a period of a week from the date of order of allotment where lands are allotted without auction the party to whom the land is allotted shall deposit 25 per cent, of the value of the land and the auction amount of the trees thereon and the balance of 75 per cent within 15 days thereafter. On receipt of the full amount,permission to occupy the land shall be given to the party in the Form &#8216;G&#8217; in duplicate and the signature of the allottee shall be obtained thereon along with date.</p>
<p>One copy of the permission shall be given to the allottee and the other copy with necessary endorsement of service shall be returned along with record to the Tahsildar by the Girdawar. The Girdawar shall personally serve all such notices and obtain acknowledgments. A memo shall also be given to the village officers to note in the village records the particulars of the land, the name of the person, and the assessment to be recovered, etc., and revenue shall be collected on the land, according to the rates so fixed till the akarband is finally corrected by the Survey and Settlement Department.</p>
<p>(h) If on the report of local officers, the Collector finds that a proper price may not be secured by an auction or that there is likelihood of vested interests acting together and putting up prices so as to make it impossible for the poorer classes to get the land at a fair price, the Collector may fix an upset price, and allot the land to the applicant without holding an open sale.</p>
<p>(i) The sale shall be held after giving 15 days previous notice to the<br />
inhabitants of the Village. A copy of the sale notice in Form &#8216;H&#8217; shall<br />
be pasted on the Notice Board of the Tahsil Office and the Village<br />
Chavdi.                              &#8217;</p>
<p><strong>10. </strong>The sale shall be onfirmed by the Tahsildar where it is held by the Girdawar, by the Deputy or Asst. Collector-in-charge of the division where it is held by the Tahsildar and by the Collector where it is held by</p>
</div>
<p>&#160;</p>
<div>
<p>the Deputy or Asst. Collector. Where the sale is onduted by the Collector</p>
<p>himself, the Board Revenue shall be confirming authority. At the</p>
<p>conclusion of the sales the authority conducting the sale shall submit</p>
<p>the records along with the necessary challan numbers pertaining to the</p>
<p>payment of the full price by the party to the proper authority as indicated</p>
<p>above. The confiming authority shall then pass orders either confirming</p>
<p>the sale if there be no objection or cancelling the same if he is of the</p>
<p>opinion that the sale should be ancelled and a fresh sale held.</p>
<p>In case the confirming authority is of the opinion that the land cannot be</p>
<p>granted for laoni he shall order accordingly. After the endorsement of his order,</p>
<p>the papers shall be sent back to his next subordinate officer, and if that</p>
<p>subordinate officer is not the Tahsildar, the intermediate authority shall sent</p>
<p>the papers with the final orders in the usual course to the Tahsildar.</p>
<p>The Tahsildar shall in case of confirmation of the sale, issue a permission for occupation in Form &#8216;G&#8217; prescribed in sub-rule (g) of Rule 9, Otherwise, an order of rejection shall be issued to the party intimating that the land cannot be granted, for the reasons assigned in such order. In cases where the recommendation for grant is rejected the amount realised from the party whose bid has been accepted, shall also be refunded without any delay and the fact of such refund be entered in the conneted records of the office.</p>
<p><strong>CASE LAW</strong></p>
<p>Rules 10 and 16 and A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, Sees,3 and 2(1) &#8211; Cancellation of assignment on the ground of transfer of assigned land in contravention of Section 3 of the Act. Land assigned under Laoni Rules without mentioning any condition as to non-alienability in the assignment at a time when the Rules did not provide for imposing any such condition. Only by G.O.Ms.No. 1406 dated 25-7-1958 such a condition was provided in the Rules. Land assigned does not fall within th category of assigned land due to non-imposition of condition of non-alienation in the assignment to attract Sec.3. Cancellation of assignment made for alleged contravention of Section 3 of the Act in the circumstances of the case and resumption of land from the transferee &#8211; Not legal. Shyam <em>Sunder vs. </em>Gout, <em>of A.P. </em><em>2001 (6) ALT 128 </em>(1997 (4) ALT 127 and 2000 (3) ALT 774 &#8211; followed).</p>
<p><strong>11.             </strong>Where a land granted for occupation does not already bear survey<br />
number, a reference shall be made by the Tahsildar to the District Land<br />
Record Officer for getting the phodi work completed.<strong></strong></p>
<p><strong>12.             </strong>The District Land Record Officer, after receiving record, shall arrange to<br />
have the land sub-divided and to have a separate number assigned<br />
thereto in accordance with the prescribed rules to classify the soil, and<br />
to arrange to get the <em>akarbands </em>and maps corrected. After such<br />
correction has been made the records shall be sent back to the Tahsildar<br />
to make a notice in the village records showing the area finally determined<br />
as a result of such phodi work and the assessment due thereon.<strong></strong></p>
<p><strong>13.     </strong>If, as a result of the completion of the phodi work done by the Land<br />
Records Department, the are^a in the occupation of the grantee is found<br />
to be within 20 per cent or one acre whichever is more in respect of<br />
irrigated lands. The Land Records Officer shall assign the number<br />
including such area and the grantee shall be liable to pay pro <em>rata </em>price<br />
realised during the auction or grant for upset price for such extra land.<br />
If the area in ocupation is found to be more than 20 percent or the extent<br />
of the margin noted above, the matter shall be referred back to the<br />
Tahsildar for his opinion as to whether these extra lands may be added<br />
on to the land of the grantee, or be excluded.<strong></strong></p>
<p>The Tahsildar shall after obtaining the previous sanction of the sanctioning authority who had originally granted the land ommunicate his final opinion as</p>
</div>
<p>&#160;</p>
<div>
<p>to whether such extra land should be added or excluded from the holding as the case may be. Action shall then be taken accordingly by the Land Records Officer and the <em>phodi </em>work completed.</p>
<p><strong>14.</strong><strong> </strong>Any variation in the assessment rates as fixed by the Land Reords<br />
Officer in the <em>akarbandas </em>shall take effect only from the year following<br />
the year of such correction in the akarband and shall have no retrospective<br />
effect.</p>
<p><strong>Special Laoni</strong></p>
<p><strong>15.</strong><strong> </strong>No lands in the special area notified under Section 58-A of A.P.<br />
(Telangana Area) land Revenue Act, shall be assigned except in accordance<br />
with the following rules:—</p>
<p>(a)           The object of the special labni is to make land available in certain<br />
areas to such landless persons of agricultural and backward classes<br />
as may be notified from time to time, and who have not sufficent<br />
means to purchase land either at the ordinary laoni auctions or<br />
otherwise. The selection of the most deserving applicant should be<br />
made by Tahsildar after due publicity in the village or at the place<br />
fixed for the allotment proceedings.</p>
<p>(b)          Special laoni, proceedings may ordinarily take place twice a year in<br />
the months of April and September, and may also take place at other<br />
times when the Tahsildar is visiting the locality.</p>
<p>&#160;</p>
<p><strong>16.     </strong>In making seletion for special laoni preference shall be given to persons<br />
who reside in the village, but do not possess any patta or shikmi rights<br />
in any land in the village or elsewhere or who have insufficient land but<br />
possess bullocks and agricultural implements. Persons who are already<br />
cultivating lands are &#8216;asamis&#8217; or &#8216;bataidars&#8217; shall be given preference<br />
over other labourers.<strong></strong></p>
<p><strong>17.     </strong>The persons selected by the Tahsildar shall be given possession of the<br />
land after auctioning the timber standing thereon. The auction purchaser<br />
shall be required to remove the&#8221; timber within the time fixed by the<br />
Tahsildar having regard to the area and the volume of timber standing<br />
thereon:<strong></strong></p>
<p>Provided that where the auction purchaser is the person selected he shall be entitled to take possession of the land with the standing timber after payment of the auction amount:</p>
<p>Provided further that where the Tahsildar has sufficient reasons to believe that the means of such person make it difficult for him to pay the auction amount in one lump sum, he may report accordingly to the Collector while submitting his proposal for the selection of such a person for confirmation of the Collector. The Collector may, if he thinks fit, order that the auction amount shall be recovered in three annual instalments, commencing from such date as may be fixed by the Collector according to his discretion and circumstances of the case.</p>
<p><strong>18. </strong>The selection by the Tahsildar of any person for special laoni shall be<br />
confirmed by the Collector within a month from the date of the proposal<br />
for such selection, after satisfying himself that there has been no<br />
material irregularity in the proceedings.</p>
</div>
<p>&#160;</p>
<div>
<p>19.  The allottee of the land shall prepare the land for cultivation within three<br />
years of being placed in possession and commerce cultivation of the land<br />
thereafter. The pattadar may be rejected by the order of the Collector for<br />
breach of any of the above conditions :</p>
<p>Provided that he has been served with a notice calling upon him to comply with the conditions which he has violated and he fails to comply with it within three months of the date of service thereof. If lands has been transferred in contravention, the conditions, the Collector may eject the transferee.</p>
<p><strong>20.      </strong>After sanction has been accorded by the Deputy or Assistant Collector in<br />
the case of ordinary laoni and by the Collector in the case of special laoni,<br />
the Tahsildar shall obtain an agreement from the person to whom land<br />
is to be allotted and after recovering any amounts due shall give him<br />
permission in writing to occupy the land.<strong></strong></p>
<p><strong>21.      </strong>The Tahsildar shall be careful not to give such permission until the<br />
auction amount of the timber, has been paid, unless the payment<br />
thereof by instalments has been allowed under proviso to Rule 17. All<br />
amounts realised from the auction of timber, shall be credited to the<br />
Forest Department.<strong></strong></p>
<p><strong>22.      </strong>Land revenue shall be payable from the crop session in which possession<br />
of the land was given :<strong></strong></p>
<p>Provided that in the case of unoccupied or waste land which is granted on patta under special laoni, the Collector may, if he is satisfied that the land has been brought into cultivation or all possible efforts are being made for its cultivation, remit the land revenue for a period not exceeding three years from the date the allottee of the land is placed in possession of the land.</p>
<p><strong>23.      </strong>The special laoni provisions shall apply to all applications for assessed<br />
land which are not reserved. The Tahsildar may grant pattas under the<br />
rules laid down above.<strong></strong></p>
<p>24.       A register shall be maintained as in Form T in respect of all lands<br />
granted under Special Laoni Rules.</p>
<p><strong>FORM A</strong></p>
<p><strong>Flysheet for files in Tahsildar&#8217;s Office regarding application for Land for Laoni</strong></p>
<p>(See Rule 4 (a))</p>
<p>1.  Application No. and date.</p>
<p>2.            Name of village and halqa.</p>
<p>3.            Name of applicant.</p>
<p>4.            Particulars of lands, house-site<br />
or    other    subject    of   the<br />
application.</p>
<p>5.            Details of trees, wells or buildings<br />
on the land their approxirriate<br />
value.</p>
<p>6.            Whether any entry has been<br />
made in the Setwar or Index<br />
Register or other accounts</p>
</div>
<p>&#160;</p>
<div>
<p>relating to the subject of the application against the grant of it and if so the details of the entry.</p>
<p>7.            Cart-track, road, nala, or any<br />
recognised communal rights<br />
existing on or in respect of the<br />
land.</p>
<p>8.            Any objection of the Villagers<br />
against the grant.</p>
<p>9.            Date of application.</p>
<p>&#160;</p>
<p>10.              Date of sale notification.</p>
<p>11.              Date  of publication  of the<br />
notification.</p>
<p>12.              Whether the notice has been<br />
served on the applicant and<br />
adjoining holders.</p>
<p>13.              Date and place of sale.</p>
<p>14.              Name of highest bidder.</p>
<p>15.              Amount of the highest bid.</p>
<p>16.              Details of the remittance of the<br />
amount into Treasury.</p>
<p>A.  Deposit</p>
<p>B.  Reminder</p>
<p>17.  Details of any objections received<br />
against the grant.</p>
<p>18.              Rights reserved, if any.</p>
<p>19.              If the application relates or a<br />
building site conditions, if, any<br />
regarding the situation of the<br />
building    and     period     of<br />
completion, subject to which the<br />
sale was conducted.</p>
<p>20.      Signature of the clerk.</p>
<p>21.      Orders of the Tahsildar in cases,<br />
subject  to  his  disposal  or<br />
recommendation in other cases<br />
with signature and date.</p>
<p>22.      Final orders of Collector or other<br />
higher authority.</p>
<p>&#160;</p>
<p>Amount      Date     Treasury No.</p>
</div>
</blockquote>
<p>&#160;</p>
<div>
<p><strong>FORM B</strong></p>
<p><strong>(See Rule 4 (b)) </strong><strong>Index Register of applications for..</strong></p>
<p><strong>Halqa</strong><strong>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230; Taluqa</strong></p>
<p><strong>Application Register</strong></p>
<p>&#160;</p>
<table border="0" cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td valign="top" width="29">SI.No.</td>
<td colspan="2" valign="top" width="91">Name ofvillage</td>
<td valign="top" width="59">Number</td>
<td valign="top" width="60">Number</td>
<td valign="top" width="62">Number</td>
<td valign="top" width="61">Number</td>
<td valign="top" width="62">Number</td>
<td valign="top" width="56">Number</td>
</tr>
<tr>
<td valign="top" width="29">(1)</td>
<td valign="top" width="88">(2)</td>
<td colspan="2" valign="top" width="61">(3)</td>
<td valign="top" width="60">(4)</td>
<td valign="top" width="62">(5)</td>
<td valign="top" width="61">(6)</td>
<td valign="top" width="62">(7)</td>
<td valign="top" width="56">(8)</td>
</tr>
<tr>
<td valign="top" width="29">1.</td>
<td valign="top" width="88">A</td>
<td colspan="2" valign="top" width="61">&#160;</td>
<td valign="top" width="60">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="61">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="56">&#160;</td>
</tr>
<tr>
<td valign="top" width="29">2.</td>
<td valign="top" width="88">B</td>
<td colspan="2" valign="top" width="61">&#160;</td>
<td valign="top" width="60">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="61">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="56">&#160;</td>
</tr>
<tr>
<td valign="top" width="29">3.</td>
<td valign="top" width="88">C</td>
<td colspan="2" valign="top" width="61">&#160;</td>
<td valign="top" width="60">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="61">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="56">&#160;</td>
</tr>
<tr>
<td valign="top" width="29">4.</td>
<td valign="top" width="88">D</td>
<td colspan="2" valign="top" width="61">&#160;</td>
<td valign="top" width="60">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="61">&#160;</td>
<td valign="top" width="62">&#160;</td>
<td valign="top" width="56">&#160;</td>
</tr>
<tr>
<td width="29"></td>
<td width="88"></td>
<td width="2"></td>
<td width="59"></td>
<td width="60"></td>
<td width="62"></td>
<td width="61"></td>
<td width="62"></td>
<td width="56"></td>
</tr>
</tbody>
</table>
</div>
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<title><![CDATA[RULES FOR ASSIGNMENT OF HOUSE SITES IN VILLAGES AND TOWNS IN TELANGANA AREA]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/rules-for-assignment-of-house-sites-in-villages-and-towns-in-telangana-area/</link>
<pubDate>Thu, 27 Oct 2011 10:22:21 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/rules-for-assignment-of-house-sites-in-villages-and-towns-in-telangana-area/</guid>
<description><![CDATA[The Assignment of house sites in Telangana area Image via Wikipedia RULES FOR ASSIGNMENT OF HOUSE SI]]></description>
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<pre><strong><em>The Assignment of house sites in <a class="zem_slink" title="Telangana" href="http://en.wikipedia.org/wiki/Telangana" rel="wikipedia">Telangana</a> area</em></strong></pre>
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<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Telengana.PNG"><img class="zemanta-img-configured" title="Telangana region marked in white within the st..." src="http://upload.wikimedia.org/wikipedia/commons/thumb/6/6c/Telengana.PNG/300px-Telengana.PNG" alt="Telangana region marked in white within the st..." width="300" height="286" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
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<p align="center"><strong>RULES FOR <a class="zem_slink" title="Assignment (law)" href="http://en.wikipedia.org/wiki/Assignment_%28law%29" rel="wikipedia">ASSIGNMENT</a> OF <a class="zem_slink" title="House" href="http://en.wikipedia.org/wiki/House" rel="wikipedia">HOUSE</a> SITES IN VILLAGES AND TOWNS IN TELANGANA AREA<sup>1</sup></strong></p>
<p>[G.O.Ms.No, 546, <em>Revenue (Q-2), dt </em><em>26th April, 1975</em><em>]</em></p>
<p>In exercise of the powers conferred by Section 172 of the <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> (Telangana <a class="zem_slink" title="Area" href="http://maps.google.com/maps?ll=37.7964,-122.4041&#38;spn=1.0,1.0&#38;q=37.7964,-122.4041 (Area)&#38;t=h" rel="geolocation">Area</a>) Land Revenue Act, 1317 F, the <a class="zem_slink" title="Government of Andhra Pradesh" href="http://en.wikipedia.org/wiki/Government_of_Andhra_Pradesh" rel="wikipedia">Government of Andhra Pradesh</a> makes the following rules relating to assignment of Government lands for house sites in Telangana Area in supersession of all previous orders on the subject.</p>
<p>2. The rule may be called &#8220;Rules for assignment of house sites in villages and towns in Telangana area.&#8221;</p>
<p>These rules shall come into force from the date of publication of the notification in the Official Gazette.</p>
<p>(1)           These rules apply to the assignment of house sites for private purposes<br />
only, whether to individuals, firms or societies and whether the grant is<br />
free or is made on payment of the full or a concessional value for the<br />
land. Assignments for industrial, commercial or co-operative purposes<br />
will, in addition to the usual conditions of assignment, be subject to<br />
conditions laid down in Appendix-I.</p>
<p>(2)           No land belonging to the Government shall be assigned or sold, under<br />
these rules, to any person other than a Citizen of India, except by the<br />
Collector or the Board and with the previous permission of Government.<br />
Every such assignment under these rules shall b&#8217;e subject to the<br />
condition that, if the land is assigned without the sanction of Government<br />
in favour of any person other than a citizen of India, the grant shall be<br />
null and void.</p>
<p>No application for assignment or sale of Government land under these Rules, to a company, association or society should be considered unless suchcompany, association or society has been registered under the Indian <a class="zem_slink" title="Companies Act" href="http://en.wikipedia.org/wiki/Companies_Act" rel="wikipedia">Companies Act</a> 1 of 1956 societies Registration Act (XXI of 1860) Religious Societies Act (1 of 1880), Co-operative Societies Act (Act II of 1912) or Provident Insurance Societies Act V of 1938 or the Indian Trade Unions Act XVI of 1926 or Multi Unit Co-operative societies Act (V of 1962) incorporated by an <a class="zem_slink" title="Act of Parliament" href="http://en.wikipedia.org/wiki/Act_of_Parliament" rel="wikipedia">Act of Parliament</a> or of the Indian Legislature.</p>
<p>(3)           These rules are intended to apply to assignment of sites for buildings<br />
primarily intended as residential houses or cattle sheds and for similar<br />
and ancillary purposes.</p>
<p>(4)           The assignment/of lands under these rules within 30 feet from the<br />
boundary of the tank, channel, canal or well is strictly prohibited. Land<br />
at the disposal of Government lying within these limits should be<br />
reserved and entered in the Prohibitive Order Book. No Collector should<br />
assign suqh fends without the previous permission of the Board.</p>
<p><strong>SECTION  I &#8211; IN VILLAGES</strong></p>
<p><strong>1. (i) Scale of <a class="zem_slink" title="Land grant" href="http://en.wikipedia.org/wiki/Land_grant" rel="wikipedia">Grant</a>:</strong>— Portions of Gouthan or village site at the disposal of Government not being land required for the common use of the villagers, may be granted for building purpose to <em>bonafide </em>applicants. The minimum extent to be assigned to any applicant for building houses should ordinarily be 10 cents but Tahsildars shall have discretion to grant a smaller 10 extent in special circumstances. If, for instance, the grant of an extent of cents would encroach too much upon the area available for future assignments or the grant is for a</p>
<p>- &#8211; -</p>
<p>1.    Published in A.P. Gazette, R.S. to part II, dt. 21-8-1975</p>
<p>- &#8211; -</p>
</div>
<div>
<p>mere extension of existing premises, the normal extent of house site should be taken to include accommodation for cattle. With a view, however, to encourage house-holders to keep their cattle at a distance from dwelling houses, Tahsildars are empowered to grant separate plots of a few cents in village site for this purpose to <em>bonafide </em>owners of cattle. The assignment in all cases shall be subject to the conditions of these rules referred to in Paragraph 7 below.</p>
<p>In assigning lands for house sites care should be taken to see that land is not granted to persons already possessing enough land for their reasonablerequirements and that preference is given to those who own no house-site.</p>
<p><strong>CASE LAW</strong></p>
<p><a class="zem_slink" title="Tehsildar" href="http://en.wikipedia.org/wiki/Tehsildar" rel="wikipedia">Tahsildar</a> assigned a house-site in favour of petitioner-Sarpanch of the Village obtained a (fraudulent) representation purporting to have been made by petitioner requesting the M.R.O. (2nd respondent) to cancel the patta in his favour. MRO cancelled patta in favour of petitioner and allotted the said site to R3 (Sree Dvei). Said cancellation and fresh allotment made without notice or hearing petitioner. Order of 2nd respondent (held) arbitrary, illegal and violative of principles of natural justice. Since 3rd respondent has already put up a Construction in the site alternatively 2nd, respondent directed to allot alternative site of the same dimension either in the same village or an abutting village &#8211; Writ Petition allowed accordingly. <em>D. Yellaiah vs. </em><em>Collector (Revenue}, R.R. Dist., 1997 (1) An.WR 237.</em></p>
<div>
<table cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td align="left" valign="top" height="24">(ii)</td>
</tr>
</tbody>
</table>
</div>
<p><strong>2. Procedure in dealing,with applications:</strong>— The following procedure should be observed in dealing with applications for assignment of house sites-(i)  <em>Contents:</em>—Applications for house-site should be made in writing and should clearly specify the extent and location of the land required, thepurpose for which it is needed i.e., whether for constructing a thatched, or a tiled or a terraced building, or for erecting a cowshed and so on. <em>Officer to whom presented:</em>— The application may be presented to the Tahsildar concerned either directly or through the Village Officers of the concerned village.</p>
<div>
<table cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td align="left" valign="top" height="22"><strong>(Hi)</strong></td>
</tr>
</tbody>
</table>
</div>
<div>
<table cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td align="left" valign="top" height="24">(iv)</td>
</tr>
</tbody>
</table>
</div>
<p><em>Regis try </em>.-—Village Officers shall register applications in order of receipt in a bound book, the pages of which should be consecutively numbered.<em>Publication:</em>—The fact that an application has been made for a particular site shall be published in the village by beat of tom-tom and a notice inthe form given in Appendix II shall be displayed in the village chavadi ?&#62;nd on the site applied for a period of 15 days. A copy of the notice shallalso be sent to the Gram Panchayat concerned.</p>
<div>
<table cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td align="left" valign="top" height="24">(v)</td>
</tr>
</tbody>
</table>
</div>
<p><em>Report:—At </em>the end of the said period, a report in duplicate should be prepared and sent to the Tahsildar without delay in the form prescribed in Appendix III together with the notice which should be signed by the Patel and the Patwari.</p>
<p>(vi) Duty <em>of Village Officers:— </em>Village Officers have no authority to grant house site. At the same time it is the duty of Village Officers to afford every assistance to a person requiring a house site, not only one they selects of the site, but also by explaining to such person the manner in which formal application is to be made, and when an available site has been selected, the Patwari will be held responsible for procuring without delay the necessary formal application. If the applicant is poor or illiterate and his application is&#8217;made normally to the village officers, it will at once be reduced to writing by the Patwari, who will take the necessary action thereon.</p>
<div>
<table cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td align="left" valign="top" height="24">vii</td>
</tr>
</tbody>
</table>
</div>
<p><em>Maintenance of registers </em>and planning <em>off sites available for assignment:— </em>In the interests of regular town planning it is desirable that vacant areas in villages at the disposal of the Government should be laid out in</p>
</div>
<div>
<p>suitable plots in advance and that the plots should be assigned in order. For this purpose, the Collector may, in villages for which he considers itnecessary, prescribe the maintenance of layout plans of sites available for assignment and a register showing the extent and situation of the sites already built upon and those which are still available for building purposes. When prescribed, the layout plans and register will be maintained in three parts and in the forms prescribed in Appendix-IV and will be bound with the register of applications prescribed in Appendix-Ill. Vacant sites should be laid out in lots of 10 cents arranged so to give a regular line of street and, where possible, to leave a 30 feet street in front and a 10 feet lane behind. The Tahsildar should make assignments in regular order in accordance with the plan. The plans referred to in Appendix-IV should be drawn up in consultation with the Gram Panchayats. The plans .should be approved by the Divisional Officer in duplicate, one copy for the taluk office and the other for the village, where they will be maintained with the corresponding register prescribed in Part-Ill of Appendix-IV. Before the layout plans are sent to the Divisional Officer, the Tahsildar should inspect the sites. The Divisional Officer also should inspect as many cases as possible and it is open to him to obtain through the Collector the views of the Director of Town Planning where he thinks it necessary and desirable to do so. Entries in the taluk and village registers and the plans will be compared and checked at the time of the jamabandi every year. At the outset, each of the planned block of house sites in the unoccupied layout sites described in Part-I of Appendix-IV and streets and lanes in them should be demarcated at the cost of the Government. The cost of the stones planted by the Government will, however, be recovered when the particular house-site which is demarcated by the stones is assigned. Individual plots of house sites will be demarcated at the cost of the applicant as they are applied for and assigned.</p>
<p>(viii) <em>Payment for standing trees, wells, and buildings:</em>— If there are trees, wells or buildings on the sites applied for they should be disposed of in accordance with the rules as laid down in Appendix-V. (ix)  <em>Survey, demarcation and other charges:</em>—The expenditure incurred in the demarcation of the land and in laying it out as house sites or providing roads therein or in otherwise fitting for occupation together with the cost of any special staff employed for the survey of the land when the work is too heavy for the regular staff shall be recovered proportionately from the parties to whom house sites are granted. <strong>Note:</strong>—Where a local body has incurred expenditure as aforesaid, the amount recovered on account thereof shall be credited to the local body concerned.</p>
<p>(x) Preparation <em>of plotted sketches:</em>— Plotted sketches of the sites to be granted should invariably be prepared. Also measurements should be taken connecting the sites with any permanent or semi-permanent marks in the neighbourhood or union survey stones where they exist with a view to the sites being located in the event of disputes. All these measurements should be entered in the plotted sketches which should form part of the assignment records.</p>
<p>(xi) <em>Reference to Village Officers:— </em>Applications received by the Tahsildar direct should be referred to the village officers, for report. Village Officersshould deal with these applications in the same manner as with</p>
</div>
<div>
<p>applications presented to themselves in the first instance, i.e., they should register them under sub-rule (iii) publish the fact of the applicationunder sub-rule (iv) and submit a report to the Tahsildar in accordance with sub-rule (v).</p>
<p>(xii) <em>Disposal and </em>communication <em>of Orders:</em>—The Tansildar should dispose of every application by a written order which should be communicated -to all the parties concerned and to the Gram Panchayat and it should be clearly stated therein that in the event of the cancellation of the grant, either on appeal or in revision or in the event of re-entry by the Government in accordance with the conditions attached to the grant, the grantee shall not be entitled to compensation for any buildings that he may have constructed on or other improvements that he may have made to the land. The provisions in regard to appeals and revision contained in Sections 158 to 166 of the A.P. (T.A.) L.R. Act, 1317 Fasli shall apply. In passing orders the Tahsildar may refuse applications for leave to build thatched houses in places where there is a risk of fire.</p>
<p>(xiii) <em>Extent of house-site allotted:</em>—Tahsildars should not grant house-sites in excess of 10 cents nor sites for separate cattle-sheds in excess of 4cents without the previous sanction of the Divisional Officer.</p>
<p><strong>3.</strong><strong>          Treatment of unauthorised occupation:</strong>— (i) All unauthorised occupation<br />
or trespass of house-sites in Government villages shall be invalid and shall<br />
confer no rights whatsoever on such occupants or their successors in interest.<br />
The Collector shall cause this position to be published widely in all Government<br />
villages.</p>
<p>(ii) <em>Consequence of such appropriation:</em>— If any portion of the village site is occupied or trespassed without permission and if the occupation isconsidered to be without authority, the provisions of A.P. Land Encroachment Act, 1905, i.e., Act III of 1905, should be applied in accordance with the instructions contained in Appendix-VI. If the occupant is found to be entitled to an allotment and the occupation is unobjectionable, the site may be formally granted in accordance with the rules contained in paragraph 2 above with appropriate penalty.</p>
<p>(iii) <em>Responsibility of Village Officers:—Village </em>Officers will be held responsible for preventing and reporting encroachments.</p>
<p><strong>4.         Occupation and Cultivation of Village-site:— </strong>In conformity with long<br />
established practice, the Government may permit the occupation of village-site<br />
held as private property without assessment subject to the following conditions.<br />
The total extent of site that may be held free of assessment inclusive of the area<br />
covered by buildings and other structures, is 35 cents. Within this area,<br />
cultivation with flowers, vegetables or fruits, will not be charged, but cultivation<br />
of crops other than followers, vegetables or fruits will be charged at the highest<br />
dry rate of the village. Any area in excess of 35 cents in the private ownership<br />
of any person is liable to be charged at the highest dry rate of the village,<br />
whether it is cultivated or not and whether the cultivation is with flowers,<br />
vegetables and fruits or with other crops. In order to avoid the necessity for<br />
measurement of petty extents the minimum charge for cultivation within the<br />
permitted extent of 35 cents or for cultivation beyond 35 cents shall be one<br />
rupee. The charge should be entered in Village Accounts, but the notice of<br />
demand should be in Form No. 1. The forms of notice applicable to encroachments</p>
</div>
<div>
<p>should not be used for the imposition of a assessment on land under this sub-paragraph:</p>
<p>The cultivation of any portion of the village-site which is not privately owned is an undoubted abuse and should be dealt with under Act HI of 1905 inaccordance with the instructions contained in Appendix-VI unless action is barred or appears inadvisable owning to long possession. Such land should beassigned for cultivation unless action is taken under the next paragraph.</p>
<p>Note:—To the category of exempted cultivation given to the above paragraph should be added onions, chillies, coriander, mustard, turmeric, fenugreek and sweet potatoes.</p>
<p>5.     Curtailment of Villagesite:— In villages in which the village site is of<br />
large extent and far beyond present and future requirements, the Divisional<br />
Officer will obtain the sanction of the Collector to transfer the excess to the head<br />
of assessed and may then make grants thereof on ryotwari tenure and if the<br />
portions transferred are overrun with prickly-pear, he may offer clearance<br />
cowles for cultivation. Care should, however, always be taken to ensure that the<br />
village-site reserved in each village is sufficient not only for the immediate needs<br />
of the villagers, but also for the reasonable requirements of the future.</p>
<p>6.     Extension of village-site:— When the existing village-site does not<br />
suffice for the needs of resident villagers or of register holders, agricultural<br />
labourers and village servants about to become resident in the village, Collectors<br />
may extend the site by the transfer of assessed lands to poramboke, or by. the<br />
addition of other descriptions of available poramboke. They may effect such<br />
transfers and additions on their own authority except in the case of assessed<br />
land which is not at the disposal of Government and which must be acquired<br />
under the Land Acquisition Act.</p>
<p>Note:— (1) Collectors are competent to submit, without the previous sanction of the Board or Government draft declarations for the acquisition of land for the extension of village site In cases involving an extent of not more than 10 acres or an expenditure of not more Rs. 500 each. Cases in which the extent us more than 10 acres, but not more than 20 acres or where the cost of the acquisition exceeds Rs. 500 but does not exceed Rs. 1,000 require the sanction of the Board. In all other cases the sanction of Government is necessary for the acquisition. The money limits prescribed above refer to the next expenditure incurred by Government excluding contributions from other sources.</p>
<p>(2) When a compact block of land is acquired by Government for the extension of village site in villages which are not included in the limits of towns in which ground rent is levied, the compact block should after acquisition be transferred to gauthan and the house sites assigned should be held from of assessment when house site in Gauthan in such villages are not in the ownership of the occupiers and when such house-sites are acquired on behalf of the occupiers, no assessment need be imposed on the sites acquired. When, however, existing house-site on ryotwari lands are acquired, the same assessment should be imposed as was being levied before acquisition.</p>
<p>7. Procedure subsequent to the grant of house-site:— (i) <em>Register of </em><em>grants:—A </em>register of house-sites granted in each village shall be maintained inTahsildars&#8217; Officers and by the village officers in the form given in Appendix-VII. An extract of the orders passed in each case, which should be entered in the</p>
</div>
<div>
<p>appropriate columns of the register in Appendix-IH, should also be copied in the appropriate columns of the duplicate copy of the form in Appendix-Ill submitted by the Village Officers under paragraph 2(v) before its transmission to them. Village Officers should in their turn, copy out the necessary entries in the appropriate column in the register in the form in Appendix-Ill and Appendix-VII maintained by them. A register of applications for house-site shall also be maintained in the Tahsildar&#8217;s offices in the form given in Appendix-XL</p>
<p>(ii) Form <em>of Order of Assignment:—An </em>order, signed by the Tahsildar himself in the form given in Appendix-VIII of XI as the case may be, shall be issued for all sites, assigned under these rules, but divisional officers may impose any additional conditions regarding lighting, ventilation and drainage with reference to instructions contained in Appendix-X. The grantee may also be required to execute an agreement binding himself to fulfil such conditions on pain of forfeiting the grant. Assignments of house-sites for organized colonies will usually be made to Co-operative Societies in the first instance. If assignments are made to Co­operative societies, individual grants should not be made until the Revenue Divisional Officer is satisfied on the recommendation of the managing body of the Co-operative society or otherwise that the proposed assignee has complied with rules framed for the colony regarding the construction and location of his house, and has kept the site in a sanitary condition for a period of at least three years.</p>
<p><strong>Note:</strong>— In laying down the conditions for the construction of buildings on the sites granted it should always be stipulated that a vacant space should be left both in front and rear of the actual building.</p>
<p>(iii) <em>Right of Re-entry:</em>— The right of entry whether under the provisions of the order of assignment or under those of any subsidiaiy agreement, should be enforced only under the orders of the Divisional Officers. Before ordering such re-entry, Divisional Officers may as a matter of grace give notice (a) to the grantee if he can be found and (b) in the District Gazette.</p>
<p>(iv) Extension <em>of period prescribed for building:— </em>Divisional Officers may also, as a matter of grace and when special cause has been shown for such a concession, extend the period prescribed in condition (2) of the order of assignment. Ordinarily the period should be made to commence so as to give the assignee a clear period of twelve months or six months as the case may be, after the decision of any appeal that may be preferred against the order of Assignment.</p>
<p><strong>SECTION II — IN TOWNS</strong></p>
<p><strong>8.</strong><strong>         Definition of &#8220;Town&#8221;:— </strong>No place shall be classed as a Town for the<br />
purpose of this Section unless:—</p>
<p>(a) Municipal or Cantonment Act is in force therein; or</p>
<p>ib)   {i) the place has a population of not less than 5000 inhabitants</p>
<p>residing in houses more or less contiguous, not in scattered collections</p>
<p>as hamlets; and (ii) has a distinctly urban character such as that of market town.</p>
<p><strong>9.         Publication of list of </strong>towns:—-The Collector shall publish in the District<br />
Gazette a list of towns as classed under paragraph 8 and from time to time alter<br />
the list by notification in the District Gazette.</p>
</div>
<div>
<p><strong>1O. General provisions in regard to town sites:— </strong>(i) <em>Scale of grant/or buMing</em></p>
<p><em>purposes:</em>— In towns, portions of house-sites at the disposal of Government</p>
<p>may be granted for building purposes in accordance with a scale fixed or to be</p>
<p>fixed by Collectors with reference to the requirements of their districts or of</p>
<p>particular towns or quarters of a town and subject to the conditions laid</p>
<p>down in paragraphs 11 to 15 below. The scale may be altered by</p>
<p>Collectors from time to time according to their discretion, but every such</p>
<p>alteration should be previously published in the District Gazette.</p>
<p>(ii) <em>Lands within half mile of the boundary of a Railway Station:</em>— The</p>
<p>disposal of vacant Government lands for erection of houses within half-</p>
<p>a-mile of the boundary all of a railway station is prima <em>facie </em>objectionable</p>
<p>and all such lands should be specially registered as &#8220;reserved&#8221; in the</p>
<p>village registers.</p>
<p>(iii) Appropriation <em>of town-site without previous permission and its </em><em>consequence:</em>— Collectors will assert the prerogative of Government by making it known that town-site at the disposal of Government cannot be appropriated without permission previously obtained. If any portion of such town-site is appropriated without permission and it is considered that the occupation is objectionable or that the occupancy rights should be applied in accordance with the instruction contained in Appendix-VI. (iv) <em>Responsibility of Village Officers:</em>—Village Officers will be held responsible,</p>
<p>for preventing and reporting encroachments.</p>
<p>(v) <em>Cultivation of town-site:</em>—The cultivation of vegetables, tobacco etc., within the recognised limits of backyard included in a house-site need not be interferred with. But the cultivation of any portion of a house-site in towns which is not backyard is an undoubted abuse and should be treated as unauthorised occupation under Act III of 1905 in accordance with the instructions contained in Appendix-VI unless action is barred or appears inadvisable owning to long possession. N&#8221; onier of assignment should be made in respect of such cultivation.</p>
<p>(vi) <em>Extension of town-site:</em>—When the existing town-site does not suffice for</p>
<p>the needs of the residents, Collectors, may add thereto any adjacent</p>
<p>land at the disposal of Government and may for the same purpose, ip</p>
<p>districts where such a course is permissible, acquire underJthe land</p>
<p>Acquisition Act, land not at the disposal of Government.</p>
<p><strong>Note:</strong>— When compact block of land is either acquired at the cost of the</p>
<p>Government or is acquired by the Government on behalf of the Scheduled</p>
<p>Castes or others i.e., where a contribution is paid from Government Funds and</p>
<p>possession of the land is taken by the Government and the site is laid out into</p>
<p>plot and assigned as house sites and when such acquisition is made for the</p>
<p>extension of village-site in villages which are included in the limits of towns</p>
<p>ground-rent is levied, the compact block should after acquisition be transferred</p>
<p>to poramboke and the house sites assigned in the block should be subject to the</p>
<p>payment of ground-rent annually.</p>
<p>(vii) <em>Sanitary requirements:— </em>In granting town-sites for building purposes Divisional Officers will bear in mind and as far as possible give effect to, the general orders contained in Appendix-X, which are meant to ensure width and straightness of streets, to guard against overcrowding and also to make suitable provisions for drainage.</p>
</div>
<div>
<p>The minimum width of streets in the case of towns which are municipalities shall not ordinarily be less than 12 metres or in any area covered by huts 9metres as prescribed in Section 179 (2) of the Andhra Pradesh Municipalities Act 1965.</p>
<p><strong>11. Procedure to be observed in the disposal of applications:— </strong>(1) Rules for the disposal of applications for vacant Government land and for the revision of ground rent on the twin cities of Hyderabad and Secunderabad will be found in Appendix-XII.</p>
<p>(2) <strong>Outside the twin cities of </strong><strong>Hyderabad</strong><strong> and Secunderabad:— </strong>The</p>
<p>following procedure, should be observed in dealing with applications for house sites in towns outside the twin cities of Hyderabad andSecunderabad.</p>
<p><strong>In municipalities House sites shall be assigned </strong><strong>by the Collectors</strong></p>
<p>(i) <em>Contents:</em>— Applications for house-site shall be made in writing and shall clearly specify the land required and the purpose for which it is wanted, i.e., whether for constructing a thatched, tiled or terraced building, for erecting a cattle-shed etc.,</p>
<p>(ii) <em>Officer to whom presented:</em>— Applications may be presented in the first instance to the Tahsildar who will then forward them to the Collector with a report in duplicate in the form given in Appendix-Ill omitting columns 12 and 14 applications made to the Collector direct should be referred to the Tahsildar for a report in the same form, (iii) <em>Registry:</em>— Tahsildar shall register applications in order of date in the bound-book, the pages of which should be consecutively numbered and similar registers shall be maintained in Collector&#8217;s Offices, (iv) The Tahsildar shall ascertain the opinion of the Town Committee or Gram Panchayat having jurisdiction over the town and objections of those bodies if any, raised by them should be considered by the Collector. The Collector may allow two months time within which the local body should send its opinion. If no reply is received by that time, the Tahsildar may assume that the local body has no objection to the assignment.</p>
<p>(iv) (a) In respect of Municipalities the Collector shall ascertain the opinion of the Municipal Council. If any objections are raised by the MunicipalCouncil they shall be considered by the Collector. The Collector may allow minimum time limit of two months within which the MunicipalCouncil should send its opinion. If no reply is received by that time the Collector may assume that the Municipal Council has no objection to the assignment.</p>
<p>(v) Disposal:— On receipt of the Village Officers report and the remarks of the Municipal Council or Gram&#8217;Panchayat the Tahsildar should satisfyhimself after such enquiry as may be necessary that the disposal of the site under this paragraph is unobjectionable. In the case of town that have been surveyed on the town survey system, the Tahsildar should cause the land to be demarcated and surveyed as soon as possible according to the rules where this has not already been done. In the case of other towns plotted sketches should be prepared as laid down in paragraph <em>2 </em>(x) supra.</p>
</div>
<div>
<p>On completion of this work the Tahsildar should calculate the ground rent on each plot dealt with under these rules before it is put up to auction, the rate of ground-rent so charged being the assumed agricultural assessment prescribed for the district for this purpose. In cases where the extent of the town-site assigned is less than 1 cent the ground-rent to be levied will be the charge for one cent. He should then cause a notification in the form given in Appendix-XIH to be published in the town by beat of drum and also to be pasted up in some conspicuous place as well as on the land applied for.</p>
<p>(vi) Auction. <em>Sale</em><em>:</em>— Except as provided in paragraph  14,  all vacant</p>
<p>Government lands in towns shall be offered for sale in public auction.</p>
<p>The auction should be held by the Tahsildar or by some officer duly</p>
<p>authorised by him on the date fixed in the notification or any subsequent</p>
<p>date to which the sale may be adjourned for good reason, of which fact</p>
<p>due public notice shall be given and the lot should be knocked down to</p>
<p>the highest bidder. In cases where any expenditure has been incurred in</p>
<p>laying out land including the site applied for as house-sites or in</p>
<p>providing roads thereon or in otherwise fitting it for occupation a</p>
<p>proportionate portion thereof shall be fixed as the upset price.</p>
<p>In case where the Government is bound e.g., under Section 175 of the</p>
<p>Andhra Pradesh Municipalities Act 1965 or any other Act to provide a road or</p>
<p>otherwise to make the land fit for occupation, the estimated cost or a proportionate</p>
<p>portion of the estimated cost of making a road or otherwise making the land fit</p>
<p>for occupation shall be fixed as the upset price. In towns surveyed on the town</p>
<p>survey system the successful bidder should in addition, pay the cost of survey</p>
<p>and demarcation. In the case of other towns, he should pay the cost of survey</p>
<p>and demarcation as provided in paragraph 2 (ix) supra.</p>
<p>Note:— Where a local body has incurred expenditure as aforesaid the amount recovered on account thereof shall be credited to the local bodyconcerned.</p>
<p>(vli) <em>Deposit:</em>— The purchaser of the plot should be required to deposit at once 15 percent of the amount of his bid and to sign an agreementconsenting to forego the deposit in case the remainder of the purchase money and the cost of survey and demarcation, if any, under clause (vi) are not paid within thirty days after the sale.</p>
<p>(viii) <em>Confirmation of sale:</em>— The result of the sale should be submitted immediately to the Divisional Officer who may subject to the provisions of clause (x) either confirm the sale or cancel it in the exercise of his discretion or for any other good reason. Thus he may refuse to confirm grants for thatched houses in places where there is risk of fire or where such houses would be out of keeping with nighbouring buildings, (ix) <em>Government sanctioned when required:</em>— Sales of occupancy right in land, the value of which exceeds Rs. 5,000 shall be subject to the confirmation of the Board of Revenue and if the value exceeds Rs. 10,000 to the confirmation of the Government. In cases which present such special features as to render the orders of Government desirable, the sanction of Government should be obtained.</p>
<p>(x) In the District Head Quarters towns and also in all municipal towns other than Greater Hyderabad city in the State and within a belt of one mile from the limits of such towns no Government vacant land (whether</p>
</div>
<div>
<p>poramboke, assessed or unassessed) should be disposed of without taking into consideration the needs of the Departments of Government,Municipalities and Housing Board. If the Housing Board wants any lands preference should be given to it as far as possible. Whenever the Government lands situated within one mile belt from the municipal limits are proposed to be assigned to any private individual or any other local or public authority, the Municipality shall be consulted and that the request, if any, of the Municipality for using the land for a land development and slum clearance schemes shall ordinarily have preference over the requests of private individuals or other local or public authorites. The requirements for providing house-sites to Scheduled Castes, Scheduled Tribes and Denotified Tribes should be specifically considered in consultation with District Social Welfare Officer. If for any reason it is felt that any such land should be assigned or alienated the Collector concerned should first make a reference to the District Heads ofDepartments, particularly to the Medical, Health, Education, Industries and Commerce and Agriculture Departments to ascertain whether the land is likely to be required for Government purpose in the near or distant future. Such land should be disposed of or recommended for disposal only in cases where all the District Heads of Departments do not consider that the land is likely to be so required., In the case of assignment the proposal should be submitted to Government for their approval even if the land is not likely to be required for any Government purposes, in future. The prohibition imposed will also apply to the grant of land to political sufferers and others under the assignment rules. The restrictions in the matter of assignment of lands in Municipal and non-Municipal towns and in compact blocks will be relaxed in favour of landless poor persons including Harijans for the purpose of assignment to them for house site purposes only.</p>
<p>(Vide G.O.Ms.No. 1122,Revenue dated 29th June, 1961).</p>
<p>(G.O.Ms.No.&#8221; 1049,Revenue dated 8th September, 1960).</p>
<p>(G.O.Ms.No. 1567/Q2/71-3-Revenue dated 23rd September, 1971).</p>
<p><strong>12.     </strong><strong>Date from which Ground-rent is leviable:— </strong>Where land is newly<br />
assigned or sold for non-agricultural purposes subject to ground-rent, the<br />
ground-rent levied for the first fasli should if possession has not been given, be<br />
the proportionate ground-rent due for the portion of the fasli remaining at the<br />
date of the grant, or, if the land is already occupied by the assignee or<br />
purchaser, the ground-rent should be levied from the actual date of occupation.<br />
In either case, part of a month should be counted as one month and charged<br />
for accordingly.<strong></strong></p>
<p><strong>13.     </strong><strong>Periodical revision of ground-rent:— </strong>The rate of ground-rent fixed<br />
under paragraph 1 l(2)(v) will be liable to revision simultaneously with the re­<br />
settlement of the ryotwari assessment of the taluk in which the town is situated.<strong></strong></p>
<p><strong>14.     </strong><strong>When sale by public may be dispensed with:</strong>— The Collector may<br />
dispense with the sale of occupancy right by auction arid direct private sale of<br />
town-site if he considers such a course equitable and provided the market value<br />
of he land does not exceed Rs. 1,000 in the following circumstances:—<strong></strong></p>
<p>(i)  If the site has been occupied without authority and if the occupation is not objectionable.</p>
</div>
<div>
<p>(ii) If the site has been occupied temporarily with the sanction of the</p>
<p>Collector and if the permanent assignment is not objectionable, (iii) If the application is for at small plot adjoining an existing holding. The purchaser should be required to pay the annual ground-rent prescribed for the land and also to pay as the value of the land subject to that ground-rent. He should also pay the proportionate cost of demarcation and survey if any, as laid down in paragraph 1 l(2)(vi) above and of any expenditure that may have been incurred in laying out the lands including the site applied for as house-sites or in providing roads therein or in otherwise fitting for occupation.</p>
<p>The Collector may also dispense with the sale of occupancy right by auction and grant the land to the applicant free of any initial payment but subject to the payment of the annual ground-rent prescribed for the land.</p>
<p>Whereas he considers this course to be advisable in the following circumstances:</p>
<p>(i) Where the applicant it too poor to purchase the site in auction, (ii) If bona fide ryots or agricultural labourers apply for house-site on the outskirts of town where the large areas of vacant land exist provided that the Collector may exercise this power only in cases where the market value of the land does not exceed Rs. 100.</p>
<p>The Board of Revenue may, in these or any other circumstances, if it considers such a course to be advisable sanction the private sale of town sites,provided that the market value of the land in each case does not exceed Rs.2,000.</p>
<p><strong>Note:</strong>—The provisions obtained in Rule 1 l(2)(i) to (v) will apply in regard to the disposal of land under this paragraph, subject to the modification that the notification issuable under sub-paragraph (v) should be in the form contained in Appendix VIII-A.</p>
<p><strong>14-A. </strong>An appeal to the Collector shall lie against an order passed by the Divisional Officer in the case of sales in auction. The Board may exercise itspowers of revision both in the case of sales in auctions and sales by private negotiation. The provisions as regards appeals and revision contained inSections 158 to 166 of the Andhra Pradesh (T.A.) Land Revenue Act 1317 Fasli will apply to the orders in this section.</p>
<p><strong>14-B. Payment for standing tree, wells and buildings:—</strong>Trees, buildings, wells etc., standing on town sites, should generally be disposed of along with the land. When the land is sold in auction, the upset price of the land together with the trees, buildings, well etc., if any should be fixed at an amount not less than the value of the trees at seigniorage rates of that value as modified by the Collector, if necessary as laid down in Appendix-V and the value of the structures on the land. When the land is disposed of by private sale, the value of the trees at seigniorage rates or that value as modified by the Collector, if necessary should be recovered from the assignee before the land is assigned. The assignee shall not, however, be required to pay the value of the trees which are proved to have been planted by him. The value of any buildings, well etc., should also be collected except such as are proved to have been constructed by the applicant or his ancestors. In cases where town-sites are assigned to poor applicants free of market value the Collector may either waive the collection of tree value for reasons to be recorded in writing or if the value of the trees is considerable, order their sale in auction separately before the land is assigned.</p>
</div>
<div>
<p><strong>15. Procedure subsequent to the grant of house site:— </strong>(i) <em>Register of</em></p>
<p>Grants:—A register in the form given in Appendix-VII shall be maintained in</p>
<p>Tahsildar&#8217;s offices and by the Village Officers for all house-sites granted in</p>
<p>towns. An extract of the orders passed in each case which should be entered in</p>
<p>the appropriate colums of the register in Appendix-II submitted by the village</p>
<p>officers under Rule ll(2)(ii) before its transmission to them. Village Officers</p>
<p>should in their turn, copy out the necessary entries in the appropriate columns</p>
<p>in the registers (form in Appendix-III and Appendix-VII) maintained by them.</p>
<p>(ii) Form <em>of order of assignment—An </em>order, signed by the Tahsildar himself,</p>
<p>in the form given in Appendix-XIV shall be issued for all sites assigned</p>
<p>under this section but the Divisional Officer may impose any additional</p>
<p>conditions regarding the provisions of means of drainage with reference</p>
<p>to instructions contained in Appedix-X or any other sanitary or</p>
<p>administraitve requirements. It should be clearly stated therein that in</p>
<p>the event of the cancellation of the assignment either on appeal or in</p>
<p>revision or in the event of re-entry by the Government in accordance</p>
<p>with the conditions attached to the grant, the assignee shall not be</p>
<p>entitled to compensation for any buildings that he may have constructed</p>
<p>on or other improvements that he may have made to the land. The</p>
<p>grantee may also be required to execute an agreement binding himself</p>
<p>to fulfil such conditions on pain of forefeiting the grant.</p>
<p>Assignment of house-sites for organized colonies will normally be made to</p>
<p>Co-operative Societies in the first instance. In such cases individual grants</p>
<p>should not be made until the Revenue Divisional Officer is satisfied on the</p>
<p>recommendation of the managing body of the Co-operative Society or otherwise</p>
<p>that the proposed assignee has been of good behaviour has obeyed any rules</p>
<p>framed for the colony regarding the constructions and location of his house and</p>
<p>has kept the site in a sanitary condition for a period of at leastthree years. Where</p>
<p>no Co-operative Society has been formed individual may be made in the first</p>
<p>instance but they should be temporary and should not be made permanent</p>
<p>until the Revenue Divisional Officer is satisfied that the proposed assignee has</p>
<p>been of good behaviour, has obeyed any regulations framed for the colony</p>
<p>regarding tHe construction and location of his house and has kept the site in a</p>
<p>sanitary condition for a period of atleast three years. In these cases a special</p>
<p>condition should be inserted in the form of order of assignment in</p>
<p>Appendix-XW.</p>
<p><strong>Note:</strong>— In laying down the conditions for the construction of buildings on</p>
<p>the site granted in non-municipal towns, it should always be stipulated that</p>
<p>vacant space should be left both in front and rear of the actual building.</p>
<p>(iii) <em>Right of Re-entry:</em>—The right of re-entry whether under the provisions of</p>
<p>the order of assignment of under those of any subsidiary agreement</p>
<p>should be enforced only under the orders of the Divisional Officer. Before</p>
<p>ordering such re-entry, the Divisional Officer may, as a matter of grace,</p>
<p>give notice (a) to the grantee and (b) in the District Gazette.</p>
<p>(iv) <em>Extension of the period </em>prescribed/or <em>buildings:</em>—The Divisional Officer</p>
<p>may also, as a matter of grace and when special cause has been shown</p>
<p>for such a concession extend the period prescribed in condition (3) of the</p>
<p>order of assignment. Ordinarily the period should be made to commence</p>
<p>so as to give the assignee a clear period of six or twelve months as the</p>
</div>
<div>
<p>case may be from the date of decision of any appeal that may be preferred against the Divisional Officer&#8217;s order confirming the sale.</p>
<p><strong>APPENDIX I</strong></p>
<p><strong>Conditions:— <em>(i) Lands at the disposal of Government:</em></strong></p>
<p>A grant of State land whether for religious, educational or other public purpose should always contain the following conditions:</p>
<p>(1)           The land shall be used and for no other purpose.</p>
<p>(2)           The Government may resume the land wholly or in a part with any<br />
building thereon, in the event of the infringement of any of the conditions<br />
of the grant. In the event of such resumptions, no compensation shall be<br />
payable for any improvements that may have been effected, or other<br />
works that may have been executed on the land by the grantee and the<br />
grantee shall not be entitled to the payment of any amount that may<br />
have been paid to the Government for the grant. If there are buildings on<br />
the land the Government may direct the grantee to remove them.</p>
<p>(3)           The Government mayresume that land wholly or in part, with any<br />
buildings thereon, if in the opinion of the Government the land is<br />
required for a public purpose or for conducting mining operations. In the<br />
event of such resumption or in the event of the acquisition of the land for<br />
any reason, the compensation payable for the land and trees shall in no<br />
case exceed the amount paid for them by the grantee or their value at the<br />
time of resumption or acquisition whichever may be less.</p>
<p>(4)           In the event of resumption under condition (3), if there are buildings on<br />
the land, the Government shall pay compensation for them in accordance<br />
with the provisions of condition (5).</p>
<p>(5)           In the event of the resumption of the land under condition (3) or in the<br />
event of the acquisition of the land for any reason the compensation<br />
payable for buildings or other improvements shall in no case exceed the<br />
amount paid for them by the grantee at the time of assignment of their<br />
value at the time of resumtion or acquisition whichever may be less,<br />
together with the initial cost or the value at the time of resumption or<br />
acqusition, whichever may be less of any building erected or other<br />
improvements effected on the land by the grantee in accordance with the<br />
terms of the grant. The amount of any grant made by the Government</p>
<p>towards the cost of the buildings or other improvements shall be..</p>
<p>deducted from the compensation payable under this condition.</p>
<p>(6)            In the event of the grantee refusing to remove the buildings, when so<br />
directed under condition (2), the Government may remove them and<br />
realize the cost of the removal by the sale of the materials.</p>
<p>(7)            In the event of the voluntary relinquishment of the land by the grantee,<br />
no compensation shall be payable for any improvements that may have<br />
been effective or for works that may have been executed on the land by<br />
the grantee but the grantee shall be entitled to the repayment of any<br />
amount that may have been paid to the Government for grant, or the<br />
value of the land at the time of relinquishment, whichever may be less.</p>
<p>(8)            The Government reserve to themselves to all sandalwood trees and their<br />
branches and roots which exist at the time of assignment as well as<br />
those which may grow subsequently on the land and the Government</p>
</div>
<div>
<p>shall be at libertyto cut or dig out any such trees or their roots and branches and remove them from the land and dispose of them at their pleasure. The grantee shall not entitled to cut or remove them or cause them to be cut or removed without the permission of the Collector of the District.</p>
<p>(9) The grantee shall take all reasonable measures to the satisfaction of the Collector of the District for the protection of the sandalwood trees fromtheft or damage and for the careful protection of the immature trees growing on the land.</p>
<p>(10)             The grantee shall take steps to see that the marks made by the officers<br />
of the Government on the sandalwood trees are preserved and are not<br />
tampered with.</p>
<p>(11)             In the event of the infringement of, or failure to observe, any of the<br />
conditions (8) to (10), the grantee shall pay to the Government such<br />
compensation as is determined by the Collector of the district for any<br />
loss or damage caused by such infrigement of failure on his part. The<br />
Government shall also be at liberty to resume the land and re-enter on<br />
it and the whole land shall thereupon vest absolutely in the Government.<br />
In that case the grantee shall not be entitled to any compensation<br />
whatever.</p>
<p>These conditions are not intended to be exhaustive and it is open to the authority competent to sanction such grants to impose such additional conditions as it may think fit. The conditions need not be very stringent when land is assigned on payment of value. In all cases a condition should be imposed prohibiting in the construction without the previous permission of the Collector the Building other than those to be specified and providing that no compendation shall be payable in the event of resumption or acquisition for any buildings erected without such permission. If the condition is considered unsuitable in any particular case, e.g., where the extent is petty and where there is a building already on the site, the reasons for omitting the condition should be fully explained.</p>
<p><strong><em>(ii) Lands acquired at the cost of the grantee:</em></strong></p>
<p>In the case of lands acquired at the cost of private institutions or associations under the provisions of Land Acquisition Act, for educational or other public purposes and allotted to the institutions or associations,the following conditions should be imposed in the place of conditions (1) to (7) in the previous sub-paragraph:</p>
<p>(1)           The land shall be used for&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. and for no other purpose.</p>
<p>(2)           The Government may resume the land wholly or in part, with any<br />
buildings thereon, if, in their opinion, the land is required for a public<br />
purpose or for conducting mining operations. In the event of such<br />
resumption, the compensation payable for the land and trees shall be<br />
the amount paid for them by the alienee at the time of the acquisition,<br />
including the 15 per cent solatium, or the value at the time of resumption<br />
together with 15 per cent thereof, whichever may be less. If there are<br />
buildings on the land, the Government shall pay compensation for them<br />
in accordance with the provisions of condition (3).</p>
<p>(3)           In the event of the resumption of the land under condition (2)the<br />
compensation payable for the buildings other improvements shall be the</p>
</div>
<div>
<p>amount paid for them by the assignee at the time of the acquisition including the 15 percent solatium or their value at the time of resumption by the Government together with 15% thereof,whichever may be less together with the initial cost or the value at the time of resumption, whichever may be less, of any building erected and other improvements effected on the land by the assignee in accordance with the terms of the assignment, plus 15 per cent of such cost or value.</p>
<p>(4)            In the event of the infringement of any of the conditions of assignment<br />
or in the event of the voluntary relinquishment of the land by the<br />
assignee the Government may resume the land if it is required for a<br />
public purpose or if the Government consider that it should be returned<br />
to the original owner. If the Government decide not to exercise this power<br />
and inform the assignee accordingly, the latter may dispose of the land<br />
in any maner he likes, subject to his repaying to the Government the<br />
amount of any grant made by them towards the cost of the lands and of<br />
the buildings or other improvements. In the event of the resumption of<br />
the land under this condition, the compensation payable to the assignee<br />
shall be the value of the land at the time of acquisition lies the 15 percent<br />
awarded for compulsory acquisition) or its value at the time resumption,<br />
whichever may be less, together with the value of Buildings and other<br />
improvements, at the time of resumption. If there are buildings on the<br />
land, which the Government do not require, the assignee shall remove<br />
them at this cost. In the event of the grantee refusing to remove the<br />
buildings, the Government may remove them and realize the cost of the<br />
removal by the sale of the materials.</p>
<p>(5)            The amount of any grant made by the Government towards the cost of<br />
the land and of the buildings or other improvements shall be deducted<br />
from the compensation payable under conditions (2) &#8211; (3) and (4).</p>
<p><strong>Note:</strong>—The following should be added at the end of the order of assignment and above the signature of the officer executing the grant:</p>
<p>&#8220;In witness whereof, I (name and designation) acting for and on behalf of and<br />
by order and direction of the Government of Andhra Pradesh have hereunto set<br />
my hand this&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. day of 19</p>
<p><strong>APPENDIX-II </strong><strong>Notice of application for Goutham village-site</strong></p>
<p>It is hereby notified that&#8230;&#8230;&#8230;&#8230;&#8230;. of village has applied for the following</p>
<p>plot, in the village site of&#8230;&#8230;&#8230;&#8230;&#8230;. village measuring&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. cents</p>
<p>or&#8230;&#8230;&#8230;.. square yeards and bounded on the north by&#8230;&#8230;&#8230;&#8230;.. on the east</p>
<p>by&#8230;&#8230;&#8230;&#8230;. on the south by&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. and on the west by&#8230;&#8230;&#8230;&#8230;&#8230;</p>
<p>Lay-out site letter Block number, Plotnumber</p>
<p>To be filled in cases where the plans and register prescribed in Appendix-II are maintained. In other cases the word &#8220;following&#8221; occurring in the preamble should be scored out.</p>
<p>Presons having objections to the site should intimate the same to the Patel and Patwari of the village within a period of 15 days from the date of this notice.</p>
</div>
<div>
<p>Date Village</p>
<p>Patel Patwari</p>
</div>
<div>
<p>Certified that the above notice was published by beat of tom-tom and was posted in the village choultry and on the land in question on the date specified above.</p>
<p>(1)           Signature of atleast two literate residents of the village.</p>
<p>(2)           Explanation for not taking the signatures of the persons referred to in<br />
clause (1) above.</p>
</div>
<div>
<p>Date Village</p>
<p><strong>APPENDIX III</strong></p>
<p>Register of applications for house site in village of.. Report on the application.</p>
<p>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.. town of&#8230;&#8230;&#8230;&#8230;</p>
<p>Application Applicant&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.</p>
<p>Patel Patwari</p>
</div>
<div>
<table border="0" cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td valign="top" width="61">Number</td>
<td valign="top" width="66">Date</td>
<td valign="top" width="81">Name and</td>
<td valign="top" width="82">Village</td>
<td valign="top" width="114">Date on which</td>
<td valign="top" width="76">Extent of</td>
</tr>
<tr>
<td valign="top" width="61"></td>
<td valign="top" width="66"></td>
<td valign="top" width="81">nationality,</td>
<td valign="top" width="82">where he</td>
<td valign="top" width="114">application was</td>
<td valign="top" width="76">site applied</td>
</tr>
<tr>
<td valign="top" width="61"></td>
<td valign="top" width="66"></td>
<td valign="top" width="81">if not a</td>
<td valign="top" width="82">has resided</td>
<td valign="top" width="114">referred to village</td>
<td valign="top" width="76">for</td>
</tr>
<tr>
<td valign="top" width="61"></td>
<td valign="top" width="66"></td>
<td valign="top" width="81">citizen of</td>
<td valign="top" width="82">hitherto</td>
<td valign="top" width="114">officers or was</td>
<td valign="top" width="76"></td>
</tr>
<tr>
<td valign="top" width="61"></td>
<td valign="top" width="66"></td>
<td valign="top" width="81">India</td>
<td valign="top" width="82"></td>
<td valign="top" width="114">received by them</td>
<td valign="top" width="76"></td>
</tr>
<tr>
<td valign="top" width="61">(1)</td>
<td valign="top" width="66">(2)</td>
<td valign="top" width="81">(3)</td>
<td valign="top" width="82">(4)</td>
<td valign="top" width="114">(5)</td>
<td valign="top" width="76">(6)</td>
</tr>
<tr>
<td valign="top" width="61"></td>
<td valign="top" width="66"></td>
<td valign="top" width="81"></td>
<td valign="top" width="82"></td>
<td valign="top" width="114"></td>
<td valign="top" width="76"></td>
</tr>
</tbody>
</table>
</div>
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</ul>
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<title><![CDATA[THE ANDHRA PRADESH TAHSILDARS  AND DEPUTY TAHSILDARS  (CONSTRUCTION OF REFERENCES)  ACT, 1985]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-tahsildars-and-deputy-tahsildars-construction-of-references-act-1985/</link>
<pubDate>Thu, 27 Oct 2011 10:17:31 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-tahsildars-and-deputy-tahsildars-construction-of-references-act-1985/</guid>
<description><![CDATA[The AP Tahsildars and Deputy tahsildars Act Image via Wikipedia THE ANDHRA PRADESH TAHSILDARS AND DE]]></description>
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<pre><strong><em> The </em></strong><span style="color:#660066;font-size:small;"><strong><em>AP Tahsildars and Deputy tahsildars Act</em></strong></span></pre>
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<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Andhra_Pradesh_Legislative_Assembly.jpg"><img class="zemanta-img-configured" title="Andhra Pradesh Legislative Assembly" src="http://upload.wikimedia.org/wikipedia/commons/thumb/a/a2/Andhra_Pradesh_Legislative_Assembly.jpg/300px-Andhra_Pradesh_Legislative_Assembly.jpg" alt="Andhra Pradesh Legislative Assembly" width="300" height="169" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
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<p align="center">THE ANDHRA <strong>PRADESH TAHSILDARS</strong></p>
<p align="center"><strong>AND DEPUTY TAHSILDARS</strong></p>
<p align="center">(CONSTRUCTION <strong>OF REFERENCES)</strong></p>
<p align="center"><strong>ACT, 1985</strong></p>
<p>Received the assent of the Governor on the 5th September, 1985 published on the 6th September, 1985 in the <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Gazette, Part IV-B (<a class="zem_slink" title="Extra" href="http://extratv.warnerbros.com/" rel="hulu">Extra</a>.), dt. 6-9-1985 Page 15.</p>
<p align="center"><strong>Act </strong>No. <strong>15 of </strong>1985</p>
<p>An Act. to provide for the <a class="zem_slink" title="Construction" href="http://www.break.com/c/people-lifestyle-videos/career/construction/" rel="break">construction</a> of references to Tahsildars or Deputy Tahsildars on the formation of Revenue Mandals.</p>
<p>Whereas Mandals have been formed in accordance with the provisions of the Andhra Pradesh Districts (Formation) Act, 1974 and an officer with the designation of Mandal Revenue Officer has been appointed to each such Mandal ;</p>
<p>And whereas the Mandal Revenue Officer is entrusted with the same powers and functions of the <a class="zem_slink" title="Tehsildar" href="http://en.wikipedia.org/wiki/Tehsildar" rel="wikipedia">Tahsildar</a> and the Deputy Tahsildar in relation to each such Mandal;</p>
<p>And whereas it is necessary to provide for construction of reference to Tahsildar or Deputy Tahsildar in the laws in force in the State ;</p>
<p>Be it enacted by the <a class="zem_slink" title="Legislature" href="http://en.wikipedia.org/wiki/Legislature" rel="wikipedia">Legislative</a> Assembly of the State of Andhra Pradesh in the <a class="zem_slink" title="36th United States Congress" href="http://en.wikipedia.org/wiki/36th_United_States_Congress" rel="wikipedia">Thirty-sixth</a> Year of the <a class="zem_slink" title="India" href="http://maps.google.com/maps?ll=28.6133333333,77.2083333333&#38;spn=10.0,10.0&#38;q=28.6133333333,77.2083333333 (India)&#38;t=h" rel="geolocation">Republic of India</a> as follows:—</p>
<p>1. Short title, <strong>extent and commencement:—</strong></p>
<p>(1)             This Act may be called the Andhra Pradesh Tahsildars and<br />
Deputy Tahsildars (Construction of References) Act, 1985.</p>
<p>(2)             It extends to the whole of the State of Andhra Pradesh.</p>
<p>(3)             It shall be deemed to have <a class="zem_slink" title="Coming into force" href="http://en.wikipedia.org/wiki/Coming_into_force" rel="wikipedia">come into force</a> on the 25th May,<br />
1985.</p>
<p><strong>2.</strong><strong>         Construction of references to Tahsildar or Deputy Tahsildar:—<br />
</strong>In the application of any law, rule, <a class="zem_slink" title="Bylaw" href="http://en.wikipedia.org/wiki/Bylaw" rel="wikipedia">bye-law</a>, regulation, notification,</p>
<p>scheme, form or order, any reference by whatever form of words to the Tahsildar, Special Tahsildar, Deputy Tahsildar or Special Deputy Tahsildar, shall, unless the context otherwise requires, be construed as a reference to the Mandal Revenue Officer__</p>
<p><strong>3.</strong><strong>         Power to remove difficulties:—</strong></p>
<p>(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders not inconsistent with <em>the provisions of this Act, as appear to them</em></p>
</div>
<div>
<p>to be necessary or expedient for the purpose of removing the difficulty:</p>
<p>Provided that no such order shall be made after the expiration of two years from the commencement of this Act.</p>
<p>(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the State.</p>
<p><strong>4. Repeal of Ordinance 12 of 1985:—</strong></p>
<p>The Andhra PradeshTahsildars and Deputy Tahsildars (Construction of References) Ordinance, 1985 is hereby repealed.</p>
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<title><![CDATA[THE ANDHRA PRADESH DISTRICTS (FORMATION) RULES, 1984]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-districts-formation-rules-1984-2/</link>
<pubDate>Thu, 27 Oct 2011 10:14:32 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-districts-formation-rules-1984-2/</guid>
<description><![CDATA[The AP District Formation Rules Image via Wikipedia THE ANDHRA PRADESH DISTRICTS (FORMATION) RULES,]]></description>
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<pre><strong><em> The </em></strong><span style="color:#660066;font-size:small;"><strong><em>AP District Formation Rules</em></strong></span></pre>
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<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Map_AP_dist_all_shaded.png"><img class="zemanta-img-configured" title="Map of Andhra Pradesh showing location of అనంత..." src="http://upload.wikimedia.org/wikipedia/commons/thumb/d/d7/Map_AP_dist_all_shaded.png/300px-Map_AP_dist_all_shaded.png" alt="Map of Andhra Pradesh showing location of అనంత..." width="300" height="286" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
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<p align="center"><strong>THE ANDHRA PRADESH DISTRICTS </strong><strong>(FORMATION) RULES, 1984</strong></p>
<p align="center"><em>[G.O.Ms.No. 605, Revenue (U), dated 4thApril, 1984]</em> <sup>l</sup></p>
<p>In exercise of the powers conferred by sub-section (1) of Section 4 of the <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Districts (Formation) Act, 1974 (Act 7 of 1974) and insupersession of the Andhra Pradesh Districts (Formation) Rules, 1974 issued with G.O.Ms.No. 529, Revenue, dated the 22nd April, 1975 and published at Pages 1-7 of the Rules supplement to Part-I, Extraordinary of the Andhra Pradesh Gazette, dated the 25th April, 1975, the Governor of Andhra Pradesh hereby makes the following rules, namely:—</p>
<p>2. They shall come into force on the 4th day of April, 1984.</p>
<p align="center"><strong>RULES</strong></p>
<p><strong>1.</strong><strong>      Short title:—</strong></p>
<p>These rules may be called the Andhra Pradesh Districts (Formation) Rules, 1984.</p>
<p><strong>2.</strong><strong>      Definitions:—</strong></p>
<p>In these rules:</p>
<p>(i) &#8220;Act&#8221; means the Andhra Pradesh District (Formation) Act, 1974. (ii) &#8220;<a class="zem_slink" title="District collector" href="http://maps.google.com/maps?ll=22.03185,74.90825&#38;spn=1.0,1.0&#38;q=22.03185,74.90825 (District%20collector)&#38;t=h" rel="geolocation">Collector</a>&#8221; means the Collector incharge of a <a class="zem_slink" title="Districts of India" href="http://en.wikipedia.org/wiki/Districts_of_India" rel="wikipedia">revenue district</a>, (iii) &#8220;Form&#8221; means form appended to these rules, (iv) &#8220;Mandal&#8221; means a part of the district, within a revenue division</p>
<p>under the charge of a <a class="zem_slink" title="Tehsildar" href="http://en.wikipedia.org/wiki/Tehsildar" rel="wikipedia">Tahsildar</a> or Deputy Tahsildar. (v) &#8220;Revenue Division&#8221; means a part of the district comprising of one</p>
<p>or more mandals under the charge of a Revenue Divisional</p>
<p>Officer/Sub-Collector/Assistant Collector or any other officer</p>
<p>placed incharge of a division, (vi) &#8220;Village&#8221; means a settlement or locality or area consisting</p>
<p>of cluster of habitations and the land belonging to their</p>
<p>propritary inhabitants and includes, a town or city and a hamlet</p>
<p>(Mazra).</p>
<p><strong>3.</strong><strong>      Matters of consideration in formation of districts etc.:—</strong></p>
<p>(1) Where any action is proposed to be taken by <a class="zem_slink" title="Government" href="http://en.wikipedia.org/wiki/Government" rel="wikipedia">the Government</a> under sub-section (1) or sub-section (2) of Section 3 of the Act or by the <a class="zem_slink" title="Commissioner" href="http://en.wikipedia.org/wiki/Commissioner" rel="wikipedia">Commissioner</a> of Land Revenue under sub-section (4) of that Section, the Government or the Commissioner of Land Revenue, as the case may be, shall take into consideration as far as may be the following matters and the views of the Collectors of the districts and of such other authorities as the Government may consider necessary:—</p>
<p align="center">- &#8211; -</p>
<p>1. Published in A.P. Gazette R.S. to Part-I (Extra.), dt. 16-4-1984.</p>
<p align="center">- &#8211; -</p>
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<p><a class="zem_slink" title="Area" href="http://maps.google.com/maps?ll=37.7964,-122.4041&#38;spn=1.0,1.0&#38;q=37.7964,-122.4041 (Area)&#38;t=h" rel="geolocation">Area</a>, population, demand under the land revenue and other <a class="zem_slink" title="Revenue" href="http://www.wikinvest.com/metric/Revenue" rel="wikinvest">revenues</a> in respect of areas affected by the proposals:</p>
<p>(ii)</p>
<p>Historical association, Geographical contiguity, Physical features, common interests and problems, Cultural and Educational requirements, Infrastructural facilities and economic progress of the areas.</p>
<p>(iii) Development of the area concerned, having regard to the various developments and welfare schemes undertaken or contemplated by the Government in relation to those areas;</p>
<p>(iv) Administrative convenience and better administration; and</p>
<p>(v) interest of economy.</p>
<p>(2)   With regard to any proposals for alteration of the name of the<br />
district revenue division, mandal or a village regard shall be had<br />
among other matters, to the following namely:—</p>
<p>(i) Historical association, if any, of the existing name, with the</p>
<p>proposed change; and (ii) the need for change of name if any proposed.</p>
<p>(3)             In matters concerning sub-section (1) or sub-section (2) of<br />
Section 3 of the Acts the Collector concerned shall forward to the<br />
Government his report with his views together with the record<br />
of enquiry if any for the consideration of the Government. If after<br />
such consideration the Government so decides, a preliminary<br />
notification under sub-section (5) of Section 3 of the Act inviting<br />
objections or suggestions to the proposals from the persons<br />
residing in the area/areas   which   are likely to be affected<br />
thereby, shall be issued.</p>
<p>(4)             In matters concerning sub-section (4) of Section 3 of the Act, the<br />
Collector concerned shall forward to the Commissioner of Land<br />
Revenue his report together with the record of inquiry if any with<br />
his views for the consideration of the Commissioner. If after such<br />
consideration the Commissioner of Land Revenue so decides, a<br />
preliminary notification under sub-section (4) of Section 3 of the<br />
Act inviting objections or suggestions to the proposals from the<br />
persons residing in the area/areas which are likely to be affected<br />
thereby shall be issued.</p>
<p><strong>4. Publication of preliminary notification:—</strong></p>
<p>(1) The preliminary notification referred to in sub-rule (3) or (4) of Rule 3 inviting objections or suggestions thereon shall be in Form I and shall be published in the Andhra Pradesh Gazette and the District Gazettes of the district/or districts affected by the proposal and shall also be displayed at the village chavidi, offices of GramPanchayat, Panchayat Samithi and on the notice boards of the Offices of the Revenue Divisional Officer/Sub-Collector/Assistant Collector/Collectorate and <a class="zem_slink" title="Zilla parishad" href="http://en.wikipedia.org/wiki/Zilla_parishad" rel="wikipedia">Zilla Parishad</a>.</p>
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<p>(2) Any person affected by the proposal may within  <sup>l</sup><em> </em>[30 day's] from the date of publication of the notification referred to in sub-rule (1) above communicate his objections or suggestions thereto to the Secretary to the Government in the Revenue Department or to the Commissioner of Land Revenue, as the case may be, through the Collector of the district concerned, who shall forward the same with his remarks to the Government or the Commissioner of Land Revenue as the case may be.</p>
<p align="center">CASE LAW</p>
<p>Rules 4 and 5 of the Rules under the Act &#8211; Preliminary Notification published by Government relating to formation of a Mandal with its headquarters.Final Notification of formation of the Mandal with a different headquarters &#8211; Not illegal. Gram <em>Panchayat, Chinna Maddur vs. </em>Gout, <em>of A.P., 1986 (1) ALT 48 (NRC) </em>= <em>1986 (1) An. WR 362.</em></p>
<p><strong>5. Publication of final notification:—</strong></p>
<p>The Government or the Commissioner of Land Revenue, as the case may be, having regard to the suggestions or objections referred to under Rule 4 either confirm the preliminary notification or issue it with such modification/modifications as may be necessary and publish it in Forms II or III, as the case may be, under sub-sections (1), (2) or (4) of Section 3 of the Act in Andhra Pradesh Gazette and in the District Gazette concerned.</p>
<p align="center"><strong>FORM I</strong></p>
<p align="center">(See Rule 3)</p>
<p>Under Sub-Section (5) of Section 3 of the Andhra Pradesh (districts) Formation) Act, 1974 (Act 7 of 1974) notice is hereby given to all concerned that the Government in the interest of better administration and development of the area concerned propose to form a new district/revenue division/ mandal as set out in the schedule hereto appended/to increase the areas/ diminish the areas of/alter the boundaries of/alter the name of district/ revenue division/mandal as detailed in the schedule hereto appended</p>
<p align="center"><sup>2</sup>[x    x    x ] or</p>
<p>The Commissioner of Land Revenue in the interests of better administration and development of the areas concerned proposes to group or amalgamate certain revenue villages/portions of certain revenue village to form a new revenue village/divide a revenue village/increase the area of/diminish the area of/certain revenue villages. Alter the boundaries of certain revenue villages/alter the name of certain revenue villages as set out in detail in the schedule appended hereto.</p>
<p>Objections or suggestions are invited on the above proposal from all persons residing within the district/revenue division/mandal/ or village who are likely to be effected there by for being taken into consideration by the Government/Commissioner of Land Revenue.</p>
<p align="center">- &#8211; -</p>
<p>1.         Subs, by   G.O.Ms.No. 61 Rev. (Mandals II), dt. 1-2-1988 and again by G.O.Ms.<br />
No.1012, Rev. (Mandals II), dt. 8-11-1991.</p>
<p>2.         Certain words omitted by G.O.Ms. No. 1219, Rev. (Mandals), dt. 29-10-1985.</p>
<p align="center">- &#8211; -</p>
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<div>
<p>All objections and suggestions should be in writing in English or Telugu and should be addressed to the Collector (by designation) within whose jurisdiction the area lies so as to reach the office of the Collector on or before expiry of <sup>3</sup>[30 days from the date of publication of this notification.</p>
<p>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)</p>
<p><em>Secretary to Government ofA.P.</em></p>
<p><em>Revenue Department.</em><em> Secretary to the Commissioner of Land Revenue.</em></p>
</div>
<div>
<p align="center"><strong>FORM II</strong></p>
<p align="center"><em>(See Rule 5) </em><strong>(Final Notification by Government)</strong></p>
<p>In exercise of the powers conferred by sub-section (1) of Section 3, sub­section (2) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act No. 7 of 1974) read with sub-section (6) of the said section, the Governor of Andhra Pradesh, in the interests of better administration and development of the area concerned, after having published proposals in that regard as required under sub-section (5) of Section 3 of the Andhra Pradesh Districts (formation) Act, 1974 (Act No. 7 of 1974), and having taken into consideration theobj ections and suggestions received thereon all persons in the areas concerned and likely to be affected thereby, do hereby notify that,</p>
<p>With effect on and from (date) the State/District/Revenue Division/ Mandal shall consist of the districts/Revenue Divisions/Mandals/Villages specified in the schedule I hereto appended.</p>
<p align="center">OR</p>
<p>there shall be formed a new district/revenue division/mandal as specified in the schedule I hereto appended.</p>
<p align="center">OR</p>
<p>the area comprising the districts/revenue division/mandal shall be increased/ diminished as specified in the schedule I hereto appended the boundaries of the district/revenue division/mandal shall be altered as specified in the schedule I hereto appended.</p>
<p>the name of the district/revenue division/mandal shall be altered as specified in the schedule I hereto appended.</p>
<p>And it is further ordered that the supplemental, incidental, and consequential provisions specified in schedule II hereto appended shall come into force with effect on and from (date) in relation to the district/revenue division/mandal/ village specified in Schedule-I.</p>
<p align="center"><strong>SCHEDULE -I </strong><strong>SCHEDULE &#8211; II</strong></p>
<p><em>Secretary to Government ofA.P.</em><em> </em><em>Revenue Department.</em></p>
</div>
<div>
<p align="center"><strong>FORM &#8211; III</strong></p>
<p><em>(See Rale 5) </em><strong>(Final notification by the Commissioner of Land Revenue)</strong></p>
<p>In exercise of the powers conferred by sub-section (4) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) the Commissioner of Land Revenue.</p>
<p>In the interests of better administration and development of the areas concerned after having published proposals in that regard as required undersub-section (5) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act of 1974), and having taken into consideration the objections andsuggestions received thereon from all persons in the areas concerned and likely to be affected thereby.</p>
<p>do hereby notify that with effect from the date of publication of this notification in the Andhra Pradesh Gazette.</p>
<p>the revenue villages/part of revenue villages specified in the schedule I, appended hereto shall be grouped, amalgamated or/and formed into a singlenew revenue village as specified in the said schedule I the revenue village</p>
<p>of&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.. in&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. mandalin&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.</p>
<p>District shall be divided to form new revenue villages as specified in the schedule I hereto appended.</p>
<p align="center">OR</p>
<p>the (area) or (boundaries) of the revenue village&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.. Mandal</p>
<p>in&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230; District shall be (increased/diminished) or (altered) as</p>
<p>specified in the schedule I hereto appended.</p>
<p align="center">OR</p>
<p>the name of revenue village in more Mandal District shall be altered as specified in the Schedule hereto appended.</p>
<p>And it is further ordered that the supplemental, incidental and consequential provision specified in the schedule II hereto appended shall apply in relation to the village specified in Schedule I.</p>
<p align="center"><strong>SCHEDULE -I </strong><strong>SCHEDULE &#8211; II</strong></p>
<p align="right"><em>Secretary, for and on behalf of the Commissioner </em><em>of Land Revenue, Andhra Pradesh.</em></p>
<p>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA</p>
<p align="center">PRADESH)</p>
<p>B.N. JAYASIMHA, <strong>Principal Secretary to Government.</strong></p>
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<title><![CDATA[THE ANDHRA PRADESH DISTRICTS (FORMATION) ACT, 1974 [Act No. 7 of 1974 (As amended in year 1985)]]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-districts-formation-act-1974-act-no-7-of-1974-as-amended-in-year-1985/</link>
<pubDate>Thu, 27 Oct 2011 10:11:44 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-districts-formation-act-1974-act-no-7-of-1974-as-amended-in-year-1985/</guid>
<description><![CDATA[The AP District Formation Act Image via Wikipedia THE ANDHRA PRADESH DISTRICTS (FORMATION) ACT, 1974]]></description>
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<pre><strong><em> The </em></strong><span style="color:#660066;font-size:small;"><strong><em>AP District Formation Act</em></strong></span></pre>
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<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Map_AP_dist_all_shaded.png"><img class="zemanta-img-configured" title="Map of Andhra Pradesh showing location of అనంత..." src="http://upload.wikimedia.org/wikipedia/commons/thumb/d/d7/Map_AP_dist_all_shaded.png/300px-Map_AP_dist_all_shaded.png" alt="Map of Andhra Pradesh showing location of అనంత..." width="300" height="286" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
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<p align="center"><strong>THE ANDHRA PRADESH DISTRICTS </strong><strong>(FORMATION) ACT, 1974</strong></p>
<p align="center"><strong><em>[Act No. 7 of 1974 (As amended in year 1985)]</em></strong></p>
<p>(Received the assent of the Governor on the 15th February, 1974. For Statement of Objects and Reasons see <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Gazette, Extraordinary, dated the 24th January, 1974, Part IV-A).</p>
<p>An Act to provide for the formation of districts in the State of Andhra Pradesh and for alteration of areas or boundaries of the districts in the interests of better administration and development of the areas comprised there in and for matters connected therewith.</p>
<p>Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-fifth Year of the <a class="zem_slink" title="India" href="http://maps.google.com/maps?ll=28.6133333333,77.2083333333&#38;spn=10.0,10.0&#38;q=28.6133333333,77.2083333333 (India)&#38;t=h" rel="geolocation">Republic of India</a> as follows:—</p>
<p><strong>1.</strong><strong>        Short title, extent and commencement:—</strong></p>
<p>(1)             This Act may be called the Andhra Pradesh Districts (Formation)<br />
Act, 1974.</p>
<p>(2)             It extends to the whole of the State of Andhra Pradesh.</p>
<p>(3)             It shall come into force on such date as the <a class="zem_slink" title="State government" href="http://en.wikipedia.org/wiki/State_government" rel="wikipedia">State Government</a><br />
may, by <a class="zem_slink" title="Notification system" href="http://en.wikipedia.org/wiki/Notification_system" rel="wikipedia">notification</a> in the Andhra Pradesh Gazette, appoint.</p>
<p><strong>2.</strong><strong>        Definitions:—</strong></p>
<p>In this Act, unless the context otherwise requires,—</p>
<p>&#8216;[(a) "<a class="zem_slink" title="Commissioner" href="http://en.wikipedia.org/wiki/Commissioner" rel="wikipedia">Commissioner</a> of Land Revenue" means the ^Commissioner of</p>
<p>Land Revenue for Andhra Pradesh;] (b) &#8220;Government&#8221; means the State Government; (c)* &#8220;notification&#8221; means a notification published in the AndhraPradesh Gazette and the expression &#8216;notify&#8217; or &#8216;notified&#8217; shall be constructed accordingly;</p>
<p>(d)             &#8221;prescribed&#8221; means prescribed by rules made under this Act ;</p>
<p>(e)              &#8221;revenue division <sup>2</sup>[<a class="zem_slink" title="Administrative divisions of India" href="http://en.wikipedia.org/wiki/Administrative_divisions_of_India" rel="wikipedia">Mandal</a>] and village&#8221; means respectively any<br />
area which is notified as a revenue division, <sup>2</sup>[Mandal] or village<br />
under this Act,</p>
<p><strong>3.</strong><strong> Division of State into districts, formation of new districts<br />
and alteration of areas, boundaries or names of existing<br />
districts:—</strong></p>
<p>(1) The Government may, by notification, from time to time, for the purposes of revenue administration, divide the State into such districts with such limits as may be specified therein; and each district shall consist of such revenue divisions and each revenue division shall consist of such<sup>2</sup>[<a class="zem_slink" title="Tehsil" href="http://en.wikipedia.org/wiki/Tehsil" rel="wikipedia">Mandals</a>] and each Mandal shall consist of such villages as the Government may, by notification from time to time, specify in this behalf.</p>
<p align="center">- &#8211; -</p>
<p>1.         Subs, for the words &#8220;<a class="zem_slink" title="Board of Revenue" href="http://en.wikipedia.org/wiki/Board_of_Revenue" rel="wikipedia">Board of Revenue</a>&#8221; by A.P. Act 14 of 1985.</p>
<p>2.    Subs, for the words &#8220;Taluk, Firka&#8221; by A.P. Act 14 of 1985 (w.e.f. 11-1-1984)</p>
<p align="center">- &#8211; -</p>
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<p>(2) The Government may, in the interests of better administration  and development of the areas, by notification, from time to time,   and with effect on and from such date as may be specified therein—</p>
<p>(a) from a new district, revenue division &#8216; [or Mandal] by separation of area from any district, revenue division, &#8216;[or Mandal] or by uniting two or more districts, revenue divisions,  <sup>l</sup>[or Mandal] or parts thereof or by uniting any area to a district, revenue division, <sup>2</sup>[or Mandal<sup>2</sup>[or Mandal] or part there</p>
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<p>(e)</td>
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<p>increase the area of any district, revenue division, <sup>l</sup>[or Mandal]; diminish the area of any district, revenue division  <sup>l</sup>[or Mandal]; alter the boundaries of any district, revenue division,  <sup>l</sup>[or Mandal;]</p>
<p>alter the name of any district, revenue division  <sup>l</sup>[or Mandal]; <em>[Proviso Repealed by Act No 14 of 1985].</em></p>
<p>(3)             The areas, boundaries and names, of the districts, revenue<br />
divisions, taluks, firks and villages in the State existing at the<br />
commencement of this Act shall be deemed to have been notified<br />
under sub-section (1) and shall continue until they are altered<br />
by the Government or the Board of Revenue, as the case may be.</p>
<p>(4)             The  Board  of Revenue  may,   in the  interests  of better<br />
administration and development of the areas and subject to<br />
such rules as may be prescribed, by notification, group or<br />
amalgamate any two or more revenue villages or portions thereof<br />
so as to form a single new <a class="zem_slink" title="Revenue Village" href="http://en.wikipedia.org/wiki/Revenue_Village" rel="wikipedia">revenue village</a> or divide any revenue<br />
village into two or more revenue villages, or increase or diminsh<br />
the area of any revenue village, or alter the boundaries or name<br />
of any revenue village.</p>
<p>(5)             Before issuing any notification under this section, the Government<br />
or the Board of Revenue, as the case may be, shall publish in<br />
such manner as may be prescribed, the proposals inviting<br />
objections or suggestions thereon from the persons residing<br />
within the district, revenue division,  <sup>l</sup>[Mandal] or village who are<br />
likely to be affected thereby within such period as may be<br />
specified therein, and shall take into consideration the objections<br />
or suggestions, if any, received.</p>
<p>(6)             Any notification  under this  section may contain  such<br />
supplemental incidental and consequential provisions (including<br />
provisions as to adaptation and construction of laws) as the<br />
Government or the <sup>2</sup>Commissioner of land Revenue] as the case<br />
may be, may deem necessary.</p>
<p align="center">- &#8211; -</p>
<p>1.         Subs, for the words &#8220;Taluk, Firka&#8221; by A.P. Act 1985 (w.e.f. 11-1-1984).</p>
<p>2.         Subs, by Act 14 of 1985.</p>
<p>N.B.: Board of Revenue was abolished and in its place three posts of Commissioners are created. Commission of Land Revenue, Commissioner of Survey and settlement and Commissioner of Land reforms.</p>
<p align="center">- &#8211; -</p>
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<p align="center"><strong>CASE LAW</strong></p>
<p>Section 3(2) &#8211; Scope &#8211; Formation of a new taluk - Preliminary notification proposing to form a new taluk consisting of certain Firkas and some villages and inviting objections from all persons residing within the villages who are likely to be affected. No objections filed for the said proposal. Final notification, giving a gobye to the preliminary notification and forming a new taluk with a different name deleting number of villages shown in the preliminary notiflcaton without providing any opportunity to the persons affected &#8211; Whether valid. <em>Sayani</em><em> Srisailam vs. </em>Gout <em>of </em><em>A.P., 1981 APHN322.</em></p>
<p>Section 3(1) and (2) and Constitution of new Revenue Mandal &#8211; Inclusion of certain villages in the proposed Mandal. Notification issued after considering the objections received for the draft notification. Cannot be challenged in a writ petition. Question as to whether inclusion of those villages is necessary. Not justiciable in Court. Government is free to decide which area should be included in which Mandal and in which District. <em>Y.C. Seshaiah vs. Government ofA.P., 1999 (1) ALT 25 = 1999 </em><em>ALT (Rev.) 273.</em></p>
<p>Section 3 (5) and Rule 5 of the Rules under the Act and Constitution of India, Art. 226 &#8211; Formation of the Taluk with head-quarters &#8211; Final notification issued by Government by adding some more villages and deleting some villages made in the preliminary notification. Cannot be questioned under Art.226 of the Constitution. <em>G. Balakrishnaiah and others vs. </em>Gout. <em>ofA.P</em><em>.,</em><em> 1982 (1) ALT56NRC </em>= <em>1982(1)APLJ 262 = 1982 (2) An.WR 166.</em></p>
<p>Section 3 and Rule 5 of the Rules &#8211; Preliminary notification in respect of a Mandal which included certain villages. Final notification dropping the Mandal by the Government &#8211; Not legal. <em>Thattupallt</em><em> Gram Panchayat &#38; others vs. </em>Gout. <em>ofA.P</em><em>.,</em><em> 1986 </em><em>(1) ALT 92 (NRC).</em></p>
<p><strong>4.</strong><strong> Power to make rules and the Laying of notifications before<br />
the State Legislature:—</strong></p>
<p>(1)             The Government may, by notification, make rules for carrying<br />
out all or any of the purposes of this Act.</p>
<p>(2)             Every notification made under this Section shall, immediately<br />
after it is made, be laid before each House of the State Legislature<br />
if it is in session and if it is not in session, in the session<br />
immediately following for a total*period of fourteen days which<br />
may be comprised in one session or in two successive sessions,<br />
and if, before the expiration of the session in which it is so laid<br />
or the session immediately following, both Houses agree in<br />
making any modification in the notification or in the annulment<br />
of the notification, the notification shall, from the date on which<br />
the modification or annulment is notified, have effect only in<br />
such modified form or shall stand annulled, as the case may be;<br />
so however that any such modification or annulment shall be<br />
without prejudice to the validity of anything previously done<br />
under that notification.</p>
<p><strong>5.</strong><strong>       Repeal Act I of 1865, Act VIII of 1317-F.:—</strong></p>
<p>The Andhra Pradesh (Andhra Area) District Limits Act, 1865 and Section 5 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. are hereby repealed.</p>
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<title><![CDATA[APPOINTMENT AND FUNCTIONS OF COMMISSIONERS UNDER THE ANDHRA PRADESH BOARD OF REVENUE (REPLACEMENT BY COMMISSIONERS) ORDINANCE, 1977]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/appointment-and-functions-of-commissioners-under-the-andhra-pradesh-board-of-revenue-replacement-by-commissioners-ordinance-1977/</link>
<pubDate>Thu, 27 Oct 2011 10:08:44 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/appointment-and-functions-of-commissioners-under-the-andhra-pradesh-board-of-revenue-replacement-by-commissioners-ordinance-1977/</guid>
<description><![CDATA[The appointment of Commissioners Image via Wikipedia APPOINTMENT AND FUNCTIONS OF COMMISSIONERS UNDE]]></description>
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<pre><strong><em> The appointment of Commissioners</em></strong></pre>
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<td>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Andhra_Pradesh_Legislative_Assembly.jpg"><img class="zemanta-img-configured" title="Andhra Pradesh Legislative Assembly" src="http://upload.wikimedia.org/wikipedia/commons/thumb/a/a2/Andhra_Pradesh_Legislative_Assembly.jpg/300px-Andhra_Pradesh_Legislative_Assembly.jpg" alt="Andhra Pradesh Legislative Assembly" width="300" height="169" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
</td>
</tr>
</tbody>
</table>
</div>
<div>
<p align="center"><strong>APPOINTMENT AND FUNCTIONS OF COMMISSIONERS UNDER THE ANDHRA</strong></p>
<p align="center"><strong>PRADESH BOARD OF REVENUE</strong></p>
<p align="center"><strong>(REPLACEMENT BY COMMISSIONERS)</strong></p>
<p align="center"><strong>ORDINANCE, 1977</strong></p>
<p align="center"><em>(G.O. Ms. No. 97, Revenue (Z), 31st January, 1977 and as amended by G.O. Ms. No. 1438, Revenue (z), dated 4th November, 1977)</em></p>
<p>                  In exercise of the powers conferred by Sections 4 and 5 of the <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Board of Revenue (Replacement by Commissioners) Ordinance, 1977, the Governor of Andhra Pradesh hereby appoints, with effect from the 1st February, 1977 five Commissioners with the designationsspecified in Column (1) of the Table below, and authorises each of them to exercise, throughout the State the powers vested in the Board of Revenue or in any member thereof, by or under the laws, specified against such Commissioner in column (2) of the said Table, and also the powers exercisable,—</p>
<p>(i) by the Board of Revenue or any member thereof under the Board&#8217;s Standing Orders in respect of the matters with which he is administratively concerned; or</p>
<p>(ii) by the Board of Revenue, as the Head of the Department, under the Andhra Pradesh Financial Code, or under the rules relating to the conditions of service including control and discipline of Government Servants under his administrative control.</p>
<p>TABLE</p>
</div>
<div>
<p>Designation of Commissioner           Powers exercisable under Acts and Rules, Notifications or Orders issued thereunder</p>
</div>
<div>
<p>(1)                                                                          (2)</p>
</div>
<div>
<table border="0" cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td valign="top" width="215">Commissioner of Land Revenue</td>
<td valign="top" width="492">1.  The Judicial Officers Protection Act, 1850<br />
(Central Act 18 of 1850).2.            (Omitted)</p>
<p>3.            The Cattle Trespass Act, 1871 (Central Act<br />
I of 1871).</p>
<p>4.            (Omitted).</p>
<p>5.            The Land Improvement Loans Act, 1883<br />
(Central Act <a class="zem_slink" title="Super Bowl XIX" href="http://en.wikipedia.org/wiki/Super_Bowl_XIX" rel="wikipedia">XIX</a> of 1883).</p>
<p>6.            The Indian Explosives Act, 1884 (Central<br />
Act 4 of 1884).</p>
<p>7.            (Omitted)</p>
<p>8.            The <a class="zem_slink" title="Land Acquisition Act" href="http://en.wikipedia.org/wiki/Land_Acquisition_Act" rel="wikipedia">Land Acquisition Act</a>, 1894 (Central<br />
Act I of 1894).</p>
<p>9.            Agriculturists Loans Act, 1894 (Central<br />
Act 12 of 1894)</p>
<p>10.              (Omitted)</p>
<p>11.              (Omitted)</p>
<p>12.              Explosive Substances Act, 1908 (Central<br />
Act 6 of 1908).</p>
<p>13.              (Omitted)</p>
<p>14.              (Omitted)</p>
<p>15.              The Cinematograph Act, 1952 (Central<br />
Act 37 of 1952)</p>
<p>16.              The Estate Duty Act, 1953 (Central Act 34<br />
of 1953)</p>
<p>17.              (Omitted)</p>
<p>18.              (Omitted)</p>
<p>19.              The Cinemas (Regulation) Act,   1955<br />
(<a class="zem_slink" title="President of the United States" href="http://en.wikipedia.org/wiki/President_of_the_United_States" rel="wikipedia">President&#8217;s</a> Act 4 of 1955).</p>
<p>20.      The mines and Minerals Regulation and<br />
Development Act, 1957 (Central Act 67 of<br />
1957)</p>
<p>21.      The Code of Criminal Procedure, 1973<br />
(Central Act 2 of 1974)</p>
<p>22.      The Andhra Pradesh  (Andhra <a class="zem_slink" title="Area" href="http://maps.google.com/maps?ll=37.7964,-122.4041&#38;spn=1.0,1.0&#38;q=37.7964,-122.4041 (Area)&#38;t=h" rel="geolocation">Area</a>)<br />
<a class="zem_slink" title="District collector" href="http://maps.google.com/maps?ll=22.03185,74.90825&#38;spn=1.0,1.0&#38;q=22.03185,74.90825 (District%20collector)&#38;t=h" rel="geolocation">Collector</a>&#8216;s Regulation, 1803 (Regulation<br />
2 of 1803)</p>
<p>23.      The    Andhra    Pradesh    Revenue<br />
Malverisation    Regulation,     1822<br />
(Regulation IX of 1822.)</p>
<p>24.      The Andhra Pradesh  Subordinate<br />
Collectors and Revenue Malverisation<br />
(<a class="zem_slink" title="Constitutional amendment" href="http://en.wikipedia.org/wiki/Constitutional_amendment" rel="wikipedia">Amendment</a>)     Regulation,      1828<br />
(Regulation VII of 1828)</p>
<p>25.      The Andhra Pradesh Public Property<br />
Malverisation Act,  1837 (Act <a class="zem_slink" title="Super Bowl XXXVI" href="http://en.wikipedia.org/wiki/Super_Bowl_XXXVI" rel="wikipedia">XXXVI</a> of<br />
1837)</p>
<p>26.      The Andhra Pradesh Rent and Revenue<br />
Sales Act, 1839 (Act VII of 1839)</p>
<p>27.               The Andhra Pradesh(Andhra  Area) Revenue Commissioner Act, of 1849</p>
<p>28.      The Andhra Pradesh Revenue Recovery<br />
Act 1864 (Act 2 of 1864)</p>
<p>29.      The Andhra Pradesh  (Andhra Area)<br />
Irrigation Cess Act, 1865 (Act VII of 1865).</p>
<p>30.      The Andhra Pradesh Cattle Disease Act,<br />
1866 (Act II of 1866).</p>
<p>31.               The Andhra Pradesh Revenue Summons<br />
Act, 1869 (Act III of 1869).</p>
<p>32.      The Andhra Pradesh (Andhra Area) Land<br />
Revenue (Assessment) Act, 1876 (Act I of<br />
1876)</p>
<p>33.      The Railway Protection Act, 1886 (Act IV<br />
of 1886).</p>
<p>34.      The Andhra Pradesh Town Nuisance Act,<br />
1889 (Act III of 1889).</p>
<p>35.      The Andhra Pradesh  (Andhra Area)<br />
Canals and Public Ferries Act, 1890 (Act<br />
II of 1890)</p>
<p>36.      The Andhra Pradesh Revenue Enquiries<br />
Act, 1893 (Act VII of 1893).</p>
<p>37.               The  Andhra  Pradesh(Andhra Area)<br />
Registration of Births and Deaths Act,<br />
1899 (Act III of 1899).</p>
<p>38.               The Andhra Pradesh (Telangana Area)<br />
Ferries Act, 1314F. (Act II of 1314F).</p>
<p>39.      The Andhra Pradesh Land Encroachment<br />
Act, 1905 (Act III of 1905)</p>
<p>40.      The Andhra Pradesh (Telangana Area)<br />
Land Revenue Act, 1317F. (Act VIII of<br />
1317F.)</p>
<p>41.      The Andhra Pradesh Agricultural Pests<br />
and Diseases Act, 1919 (Act III of 1919)</p>
<p>42.       (Omitted)</p>
<p>43.       (Omitted)</p>
<p>44.       (Omitted)</p>
<p>45.       The Andhra  Pradesh  (Andhra Area)<br />
Agency Area Debt Abolition Regulation,<br />
1940 (Regulation III Of 1940)</p>
<p>47.      The Andhra Pradesh  (Andhra Area)</p>
<p>Irrigation (Voluntary Cess) Act, 1942 (Act<br />
XII(Omitted)</p>
<p>48.      The Andhra  Pradesh   (Andhra Area)<br />
Irrigation Works (Repairs, Improvement<br />
and Construction) Act, 1943 (ActXVIII of<br />
1943).</p>
<p>49.      The Andhra Pradesh   (Telangana Area)<br />
Irrigation Act 1357 F. (ActXVIIIof 1957F.)</p>
<p>50.      The Tungabhadra Project (Prevention of<br />
Speculation in Land) Act, 1947 (Act XII of<br />
1947)</p>
<p>51.      to 53. (Omitted)</p>
<p>54.      The Andhra  Pradesh   (Andhra Area)<br />
IrrigationTanks (Improvement) Act, 1949<br />
(Act XIX of 1949).</p>
<p>55.      The Andhra Pradesh (Andhra Area) Land<br />
Improvement Scheme (Contour Bunding<br />
and Contour Trenching Act, 1949) (Act<br />
XXII of 1949)</p>
<p>56.      (Omitted)</p>
<p>57.      The Andhra Pradesh (Telangana Aaea)<br />
Registration  of Births   and   Deaths<br />
Regulation   1359 F.   (Regulation II  of<br />
1359F.)</p>
<p>58.              (Omitted)</p>
<p>59.      The Andhra Pradesh (Telangana Area)<br />
Absorbed Enclaves Act, 1951 (ActXVIIIof<br />
1951).</p>
<p>60.      The Andhra Pradesh (Telangana Area)<br />
Land Special Assessment Act, 1952<br />
(Act XXXII of 1952).</p>
<p>61.      The Andhra Pradesh (Telangana Area)<br />
Land Improvement Act, 1953 (Act XIX of<br />
1953).</p>
<p>62.      The Andhra  Pradesh  (Andhra Area)<br />
Irrigation Works (Levy of Compulsory<br />
Water Cess) Act, 1955 (ActXXIV of 1955).</p>
<p>63.      (Omitted)</p>
<p>64.      The Andhra Pradesh (Telangana Area)<br />
Agricultural Debtors Relief Act, 1956 (Act<br />
XIV of 1956).</p>
<p>65.      to 67. (Omitted)</p>
<p>46.       I of 1942).</p>
<p>The A. P. Scheduled Areas Land Transfer</p>
<p>Regulation, 1959 (Regulation I of 1959).</p>
<p>69.               The Andhra Pradesh  Scheduled Areas<br />
Money   Lenders    Regulation,    1960<br />
(Regulation I of 1960)</p>
<p>70.               The Andhra Pradesh Scheduled Tribes Debt<br />
Relief Regulation 1960 (Regulation II of<br />
1960).</p>
<p>71.               The Andhra Pradesh Buildings (Lease, Rent<br />
and Eviction) Control Act, 1960 (Act XV of<br />
1960)</p>
<p>72.      The Andhra Pradesh Non-Agricultural<br />
Lands Assessment Act, 1963 (Act XIV of<br />
1963).</p>
<p>73.               (Omited)</p>
<p>74.      The     Andhra     Pradesh     Irrigation<br />
(Construction and Maintenance of Water<br />
Course) Act, 1965 (Act XII of 1965).</p>
<p>75.               The Andhra Pradesh Official Language Act<br />
1966 (Act IX of 1966).</p>
<p>76.               (Omitted)</p>
<p>77.               The  Andhra  Pradesh  Land   Revenue<br />
(Enhancement) Act, 1967 (Act VIII of 1967).</p>
<p>78.               The Andhra Pradesh (Krishna and Godavari<br />
Delta Area Drainage Cess Act, 1968 (Act II<br />
of 1968)</p>
<p>79.               The Andhra Pradesh  Public  Premises<br />
(Eviction of Unauthorised Occupants) Act,<br />
1968 (Act XX of 1968).</p>
<p>80.      The  Andhra  Pradesh   (Andhra Area)<br />
Proprietory Estates Village Service and the<br />
Andhra Pradesh (Andhra Area) Hereditary<br />
Village Officers Laws (Repeal) Act,  1969<br />
(Act 16 of 1969).</p>
<p>81.      The Andhra Pradesh (Andhra Area) Village<br />
Officers Service Rules, 1969.</p>
<p>82.               The District Formation Act, 1974(ActVIIof<br />
1974).</p>
<p>83.               The Andhra Pradesh Escheats and Bona<br />
Vacantia Act, 1974 (Act 35 of 1974).</p>
<p>84.               The  Andhra  Pradesh   Land   Revenue<br />
(Additional Wet Assessment) Act, 1975 (Act<br />
I of 1975)</p>
<p>85.      The Andhra Pradesh Commercial Crops<br />
Special Assessment Act, 1975 (Act IV of<br />
1975)</p>
<p>86.      Localisation Rules for localising the Ayacut<br />
under Chennarayaswamy Gudi Project,<br />
Anantapur district.</p>
<p>87.      Localisation Rules for localising the Ayacut<br />
under K.C. Canal.</p>
<p>88.      Localisation Rules for Nizamsagar Project.</p>
<p>89.      Localisation Rules for localising Ayacut<br />
under Pochampad Project.</p>
<p>90.      Localisation Rules for localising Ayacut<br />
under Tungabhadra Project.</p>
<p>91.      Localisation Rules for localising Ayacut<br />
under Tungabhadra Project High Level<br />
Canal and Mid-Pennar Project.</p>
<p>92.      Localisation Rules for localising Ayacut<br />
under Vidyaranyaswamy Tank, Anantapur<br />
district.</p>
<p>93.      Principles  and  Procedural Rules  for<br />
localisation of Nagarjunasagar Project<br />
Ayacut.</p>
<p>94.      All other laws which are not specifically<br />
referred to in this table.</p>
<p>&#160;</td>
</tr>
</tbody>
</table>
<p><strong>[Please Note:— </strong>Items 2, 4, 7, 10, 11, 13, 14, 17, 18,42,43,44,47, 51,52, 53, 56, 58, 63, 65, 66, 67, 73 and 76 and the entries relating thereto are omittedas per G.O.Ms.No. 1438. Revenue (z), dated 4th November, 1977 and published in Andhra Pradesh Gazette, Part I, November, 1977 at pages 1170 and 1171].</p>
<table border="0" cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td valign="top" width="168">Designation ofCommissioner</td>
<td valign="top" width="537">Powers exercisable under Acts and Rules, Notifications or Orders issuedthereunder</td>
</tr>
<tr>
<td valign="top" width="168">(I)</td>
<td valign="top" width="537">(2)</td>
</tr>
<tr>
<td valign="top" width="168">Commissioner         ofSurvey, Settlements andLand Records.</td>
<td valign="top" width="537">1.     The Andhra Pradesh (Andhra Area) Court of Wards Act, 1902 (Act 1 of 1902).2.     The Andhra Pradesh (Andhra Area) Estates Land Act, 1908 (Act 1 of 1908).</p>
<p>3.     The Andhra Pradesh Survey and Boundaries Act, 1923 (Act VIII of 1923).</p>
<p>4.     The Andhra Pradesh (Telangana Area) Court of Wards Act, 1350-F (Act XII of 1350-F).</p>
<p>5.     The Andhra Pradesh (Andhra Area) Estate or Land (Reduction of Rent) Act, 1947 (Act XXX of 1947).</p>
<p>6.     The Andhra Pradesh (Andhra Area) Estates<br />
(Abolition and Conversion into Ryotwari)<br />
Act, 1948 (Act XXVI of 1948).</p>
<p>7.     The Andhra Pradesh  (Telangana Area)<br />
(Abolition of Jagirs) Regulation   1358-F<br />
(Regulation LXIX of 1358-F).</p>
<p>8.     The Andhra Pradesh (Telangana Area)<br />
Jagirs Commutation Regulation, 1359-F<br />
(Regulation LXIX of 1359-F).</p>
<p>9.     The Andhra Pradesh (Telangana Area) Atiyat<br />
Enquiries Act, 1952 (Act X of 1952).</p>
<p>10.  The Andhra Pradesh  (Telangana Area)<br />
Jagirdars Debt Settlements Act, 1952 (Act<br />
XII of 1952).</p>
<p>11.  The Andhra Pradesh  (Telangana Area)<br />
Abolition of Inams Act, 1955 (Act XVII of<br />
1955).</p>
<p>12.  The Andhra Pradesh (Telangana Area) Inams<br />
Assessment Act, 1955 (Act VIII of 1955).</p>
<p>13.  The Andhra Pradesh (Andhra Area) Inams<br />
Abolition and Conversion into Ryotwari Act,<br />
1956 (Act XXXVII of 1956).</p>
<p>14.  The Andhra Pradesh Splitting up of joint<br />
Pattas Act, 1965 (Act II of 1965).</p>
<p>15.  The Andhra Pradesh Mahals (Abolition and<br />
Conversion into Ryotwari) Regulation, 1969<br />
(Regulation I of 1969).</p>
<p>16.  The Andhra Pradesh Muttas (Abolition and<br />
Conversion into Ryotwari) Regulation, 1969<br />
(Regulation II of 1969).</p>
<p>17.  The Andhra Pradesh (Scheduled Area<br />
Ryotwari Settlement Regulation,   1970<br />
(Regulation II of 1970).</p>
<p>18.  The Court Fees Act, 1876 (Central Act VII of 1870).</p>
<p>19.  The Treasure Trove Act, 1878 (Central Act<br />
6 of 1878).</p>
<p>20.  The Prevention of Cruelty to Animals Act<br />
1890 (Central Act XI of 1890).</p>
<p>21.  Indian Fisheries Act, 1897 (Central Act IV<br />
of 1987).</p>
<p>22.  Indian Stamp Act, 1899 (Central Act II of<br />
1899).</p>
<p>23.  The Administration of Evacuee Property<br />
Act 1950 (Central Act 31 of 1950).</p>
<p>24.  The Evacuee Interest (Separation) Act, 1951<br />
(Central Act, 64 of 1951).</p>
<p>25.  The Displaced Persons (Compensation and<br />
Rehabilitation Act, 1954 (Central Act 44 of<br />
1954).</p>
<p>26.  TheAndhraPradesh (TelanganaArea) Land<br />
Revenue Act, 1317-F (Act VIII of 1317-F).</p>
<p>27.  The Andhra Pradesh (Andhra Area) Debtors<br />
&#8216;    Protection Act, 1934 (Act VII of 1935).</p>
<p>28.  The Andhra Pradesh (Andhra Area) Debt<br />
Conciliation Act, 1936 (Act XI of 1936).</p>
<p>29.  The .Andhra Pradesh (Andhra Area) Money<br />
Lenders Act, 1349-F (Act V of 1349-F).</p>
<p>30.  The Andhra Pradesh (Andhra Area) Pawn<br />
Brokers Act, 1943 (Act XXIII of 1943).</p>
<p>31.  The Andhra Pradesh Record of Rights in<br />
Land Act, 1971 (Act 26 of 1971).</p>
<p>32.  The Sarfe-Khas (Merger) Regulation, 1358-<br />
F(ActXLIof 1358-F).</p>
<p>33.  The Andhra Pradesh (TelanganaArea) Ware<br />
Houses Regulation,   1358-F (Regulation<br />
XLVI of 1358).</p>
<p>34.  The Andhra Pradesh (Andhra Area) Tenants<br />
and Ryots ProtectionAct, 1949 (ActXXIVof<br />
1949).</p>
<p>35.  The Andhra Pradesh (Telangana Area;<br />
Tenancy and Agricultural Lands Act, 1950<br />
(Act XXI of 1950).</p>
<p>36.  The  Andhra  Pradesh   (Andhra Area<br />
Preservation of Private Forests Act, 1954<br />
(President&#8217;s Act XII of 1954).</p>
<p>37.  The Andhra Pradesh Court Fees and Suit<br />
Valuation Act, 1956 (Act VII of 1956).</p>
<p>38.  The Andhra Pradesh (Telangana Area<br />
Agricultural Debtor Relief Act, 1956 (Ac<br />
XVTof 1956).</p>
<p>39.  TheAndhra Pradesh (AndhraArea)Tenancy<br />
Act, 1956 (Act XVIII of 1956).</p>
<p>40.  The Andhra Pradesh  (Telangana Area)<br />
Prevention     of    Fragmention     and<br />
Consolidation of Holdings Act, 1956 (Act<br />
XL of 1965).</p>
<p>41.  The  Andhra  Pradesh   Boodan   and<br />
Gramdhan Act, 1965 (Act XIII of 1965).</p>
<p>42.  The Andhra Pradesh Forest Act, 1967 (Act<br />
I of 1967).</p>
<p>43.  The   Conferment of Pattadari Rights on<br />
Shikmidars Rules, 1964.</p>
<p>44.  All matters pertaining to :—</p>
<p>1.  Gift Articles.</p>
<p>2.            Legal aid to poor.</p>
<p>3.            Prize Competition.</p>
<p>4.            Vanamahotsava.</p>
<p>5.            National Savings.</td>
</tr>
</tbody>
</table>
<p>- &#8211; -</p>
<p>1. Items 18 to 44 are added as per G.O.Ms,No. 1438, Rev. (2), dated 4-11-1977</p>
<table border="0" cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td valign="top" width="156">Commissioner Urban Land Ceiling&#160;</td>
<td valign="top" width="552">1.  The Urban Land (Ceiling and Regulation)<br />
Act, 1976 (Central Act XXXIII of 1976).2.            The Andhra Pradesh Vacant Lands in Urban<br />
Areas (Prohibition of Alienation) Act, 1972<br />
(A. P. Act XII of 1972).</p>
<p>3.     The Andhra  Pradesh  Land   Reforms<br />
(Ceilings on Agricultural Lands Holdings)<br />
Act, 1973 (Act I of 1973).</td>
</tr>
<tr>
<td valign="top" width="156">Commissioner of commercial taxes&#160;</td>
<td valign="top" width="552">1.            The Central Sales Tax Act, 1956 (Central<br />
Act No. 74 of 1956).2.            The Economic Offences (Inapplicability of<br />
Limitations) Act, 1974 (Central Act XII of<br />
1974).</p>
<p>3.            The Andhra Pradesh Entertainments Tax<br />
Act, 1939 (Act X of 1939).</p>
<p>4.            The Andhra Pradesh (Telangana Area)<br />
Horse Racing and Betting Tax Regulation<br />
1358-F (Regulation XLIX of 1358-F).</p>
<p>5.            The Andhra Pradesh General Sales Tax<br />
Act, 1957 (Act VI of 1957).</p>
<p>6.     The Andhra Pradesh General Sales Tax<br />
Validation Act, 1956 (Act XIII of 1959).</td>
</tr>
<tr>
<td valign="top" width="156">Commissioner of Exciseand Civil Supplies.</td>
<td valign="top" width="552">1.           1878).2.           The Poisons Act, 1919 (Central Act XII of<br />
1919).</p>
<p>3.           The Dangerous Drugs Act, 1930 (Central<br />
Act II of 1930).</p>
<p>4.     The Essential Commodities Act,   1955<br />
(Central Act X of 1955),</p>
<p>5.           The Medicinal    and Toilet Preparations<br />
(Excise Duties) Act, 1955 (Central Act XVI<br />
of 1955).</p>
<p>6.           The  Spirituous Preparations (Inter-State<br />
Trade and Commerce Control) Act, 1955<br />
(Central Act 39 of 1955),</p>
<p>7.           The Rice Milling Industry (Regulation) Act,<br />
1958 (Central Act XXI of 1958).</p>
<p>8.           The   Industries    (Development   and<br />
Regulations) Act, 1961 (Central Act 65 of<br />
1961).</p>
<p>9.  The Andhra Pradesh   (Andhra Area)<br />
Prohibition Act, 1937 (Act X of 1937).</p>
<p>10.             The Andhra Pradesh (TelanganaArea) Power<br />
Alcohol Act, 1350-F (Act I of 1350-F).</p>
<p>11.             The Andhra Pradesh Excise Act, 1968 (Act<br />
XVII of 1968).</td>
</tr>
</tbody>
</table>
</div>
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</item>
<item>
<title><![CDATA[The A P Land encroachment Rules, 1976]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-a-p-land-encroachment-rules-1976/</link>
<pubDate>Thu, 27 Oct 2011 10:04:20 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
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<pre><strong>The A P <span style="color:#660066;font-size:small;">Land encroachment Rules</span></strong></pre>
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<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Map_AP_dist_NH_roads.png"><img class="zemanta-img-configured" title="Major road links of Andhra Pradesh" src="http://upload.wikimedia.org/wikipedia/commons/thumb/5/58/Map_AP_dist_NH_roads.png/300px-Map_AP_dist_NH_roads.png" alt="Major road links of Andhra Pradesh" width="300" height="286" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
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<td><strong>                                                                                                                                              </strong></td>
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<p align="center"><strong>THE ANDHRA PRADESH LAND ENCROACHMENT</strong></p>
<p align="center"><strong>RULES, 1976</strong></p>
<p align="center"><strong>[G.O.Ms.No, 24, Revenue, dated 8th January, 1976]</strong></p>
<p><strong>          The following rules are issued in exercise of the powers conferred by <a class="zem_slink" title="Section 8 (housing)" href="http://en.wikipedia.org/wiki/Section_8_%28housing%29" rel="wikipedia">Section 8</a> of the <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Land Encroachment Act, 1905 (Act No. II of 1905) and in supersession of the rules issued in G.O.Ms.No. 164, Revenue, dated the 23rd January, 1959 is hereby published for general information as required by the said section.</strong></p>
<p><strong>RULES</strong></p>
<p><strong>1.     Short title and commencement:—</strong></p>
<p><strong>(1)          These rules may be called the Andhra Pradesh Land Encroachment Rules, 1975.</strong></p>
<p><strong>(2)          They shall come into force at once.</strong></p>
<p><strong>2.     Definitions:—</strong></p>
<p><strong>In these rules the context otherwise requires,—</strong></p>
<p><strong>(a)  &#8221;Act&#8221; means the Andhra Pradesh Land Encroachment Act, 1905. <sup>1</sup> [(b)  "Land less poor person" means a person who owns no land or owns not more than Acs. 2.50 wet or Acs. 5.00 Dry land and who is an agricultural labourer and whose annual income does not exceed Rs. 1800/-.] (c) &#8217;Section&#8217; means a section of the Act. 3. .<a class="zem_slink" title="Rates (tax)" href="http://en.wikipedia.org/wiki/Rates_%28tax%29" rel="wikipedia">Rate</a> of assessment of lands in Town:—</strong></p>
<p><strong>The assessments to be levied under Section 3(iii) of the Act on lands, which are the property of Government and which are unauthorisedlyoccupied within the limits of a town, shall be the ground rent leviable under the rules in respect for the time being in force, /or the levy of ground-rent in the town in question or the assessment leviable on the lands</strong></p>
<p><strong>- &#8211; -</strong></p>
<p><strong>1.   G.O.Ms.No. 4287, dt. 11-9-1980.</strong></p>
<p><strong>&#8211; -</strong></p>
<p><strong>put to non-agricultural purposes under the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 (Act 14 of 1963).</strong></p>
<p><strong>4.      Rate of assessment of lands in Villages:—</strong></p>
<p><strong>           The assessment to be levied under Section 3(l)(ii) of the Act on lands which are the property of Government and which are unauthorisedlyoccupied in a village, which are not classified and assessed shall be at such rates not exceeding the highest wet rate in force in the district, if the lands are wet and not exceeding the highest dry rate in the district, if the lands are dry, as the Collect or may determine.</strong></p>
<p><strong>5.      Seasonal <a class="zem_slink" title="Cure" href="http://en.wikipedia.org/wiki/Cure" rel="wikipedia">remission</a> on wet lands:—</strong></p>
<p><strong>A person who is in unauthorised occupation of Government land and is liable for payment of assessment under Section 3(1) of the Act shall be eligible for the grant of seasonal remission of assessment on wet lands:</strong></p>
<p><strong>Provided that the occupation is unobjectionable:</strong></p>
<p><strong>Provided further that such person is landless poor person.</strong></p>
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<td align="left" valign="top" height="23"><strong>(1)</strong></td>
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<td align="left" valign="top" height="58"><strong>(a)(b)(c)</strong></td>
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<p><strong>6. Grounds for grant of remission, scale of remission and procedure:—<br />
Remission of land revenue shall not ordinarily be granted except when the land</strong><br />
<strong>is left waste or the crop is lost for one or more of the following reasons namely:—</strong></p>
<p><strong>lack of adequate supply of water from the Government source of irrigation; extensive damage to crop due to pests or pestilence;</strong></p>
<p><strong>Submersion of land on account of excessive water or inundation rendering the <a class="zem_slink" title="Agriculture" href="http://en.wikipedia.org/wiki/Agriculture" rel="wikipedia">cultivation of the land</a> impossible;</strong></p>
<p><strong>(d)   any other reason beyond the control of ryot like act of State or of God; Provided that the failure of crop is not on account of any act or neglect of the person who is in unauthorised occupation of Government land.</strong></p>
<p><strong>Explanation:— For purposes of this rule the decision of the <a class="zem_slink" title="Tehsildar" href="http://en.wikipedia.org/wiki/Tehsildar" rel="wikipedia">Tahsildar</a> whether or not there is any neglect on the part of such person shall be final subject to the revision of the Revenue Divisional Officer or Jamabandi Officer.</strong></p>
<p><strong>(2)  Remission may be granted in respect of wet lands for the reasons specified in Sub-rule (1) at the following scale—</strong></p>
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<p><strong>Paddy <a class="zem_slink" title="Crop yield" href="http://en.wikipedia.org/wiki/Crop_yield" rel="wikipedia">crop Yield</a> in Kilograms of paddy per acre</strong></p>
<p><strong>Remission of Land Revenue</strong></p>
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<p><strong>150 Kgs. and below</strong></p>
<p><strong>above 150 Kgs. and below 300 Kgs.</strong></p>
<p><strong>300 Kgs. and above</strong></p>
<p><strong><a class="zem_slink" title="Irrigation" href="http://en.wikipedia.org/wiki/Irrigation" rel="wikipedia">Irrigated</a> crops other than paddy:—</strong></p>
<p><strong><sup>1</sup> /<sub>5</sub> th and below of the <a class="zem_slink" title="Normal yield (agriculture)" href="http://en.wikipedia.org/wiki/Normal_yield_%28agriculture%29" rel="wikipedia">normal yield</a></strong></p>
<p><strong>above V<sub>8</sub>th and below &#8216;/<sub>4</sub>th of the</strong></p>
<p><strong>normal yield</strong></p>
<p><strong><sup>1</sup> /<sub>4</sub> th of the normal yield and above</strong></p>
<p><strong>Full land revenue. One half of land revenue. Nil.</strong></p>
<p><strong>land revenue. One half of land revenue.</strong></p>
<p><strong>Nil.</strong></p>
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<p><strong>Explanation:— For the purposes of this rule the Collector shall in consultation with the Director of Agriculture fix the normal yield of the different crops for each district or/ part of the district in terms of kilograms per acre and shall notify the same from time to time in the District Gazette for information of the ryots.</strong></p>
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<p><strong>(3) (i) Every person claiming remission under these rules shall make an application in writing to theTahsildar, Deputy Tahsildar, or any officer not below the rank of a Revenue Inspector of the firkahavingjunsdiction, specifying the fields for which remission of the land revenue is claimed.</strong></p>
<p><strong>(iij  Every such application shall be presented on or before a date specified by a</strong></p>
<p><strong>notification in the District Gazette by the District Collector, having regard to</strong></p>
<p><strong>the harvest time, the local agricultural practices and seasonal conditions in</strong></p>
<p><strong>respect of each crop (first crop and second crop). Such notification shall be</strong></p>
<p><strong>given wide publicity in the village by beat of tom-tom and by affixure of the</strong></p>
<p><strong>same in the village Chavadi or any public place of importance in the village.</strong></p>
<p><strong>(iii) The Tahsildar may refuse remission where an application is not made in</strong></p>
<p><strong>accordance with these rules or in any case where the crop has been cut and</strong></p>
<p><strong>removed or grazed by cattle before inspection by the competent authority:</strong></p>
<p><strong>Provided that in special cases the Tahsildar, the Revenue Divisional Officer or the</strong></p>
<p><strong>jamabandi Officer, may, notwithstanding anything in this rule at his discretion, dispense</strong></p>
<p><strong>with the submission of a written application and for sufficient reason condone delay in</strong></p>
<p><strong>submitting any such application:</strong></p>
<p><strong>Provided further that the Tahsildar or the Revenue Divisional Officer or the Jamabandi Officer as the case may be may grant remission where crop inspection (Ajmaish) has established the existence of conditions for the grant of remission without any representation written or oral;</strong></p>
<p><strong>(iv) As soon as may be after an application is received and in any case not later than thirty days from the date of the receipt, the Revenue Inspector shall inspect the crop in all the fields specified in the application and submit his report to the Tahsildar or the Deputy Tahsildaras the case may be who shall inspect a fair percentage of the affected fields, being not less than 10 percent of such fields in each village. As far as possible the Revenue Divisional Officer shall also inspect some fields in each village by adopting random sampling method. TheTahsildar may wherever possible arrange for conducting crop cutting experiments for the purpose of ascertaining the yield and shall doso in all villages-where the area in respect of which applications made for granting remission, exceeds 50 acres.</strong></p>
<p><strong>(v) The Revenue Inspector or Deputy Tahsildar shall submit his report and</strong></p>
<p><strong>recommendation to the Tahsildar for sanction of remission and any order</strong></p>
<p><strong>passed in this behalf by the Tahsildar shall be duly communicated to the</strong></p>
<p><strong>Village Officers.</strong></p>
<p><strong>(vi) The Revenue Divisional Officer or the Jamabandi Officer may revise an order</strong></p>
<p><strong>of the Tahsildar under clause (v).</strong></p>
<p><strong>(vii) The Revenue Divisional Officer may consider any case not considered by the Tahsildar and the Jamabandi Officer may consider any case not considered by the Tahsildar or the Revenue Divisional Officer.</strong></p>
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<title><![CDATA[THE ANDHRA PRADESH DISTRICTS (FORMATION) RULES, 1984]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-districts-formation-rules-1984/</link>
<pubDate>Thu, 27 Oct 2011 09:59:39 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
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<description><![CDATA[Image via Wikipedia THE ANDHRA PRADESH DISTRICTS (FORMATION) RULES, 1984 [G.O.Ms.No. 605, Revenue (U]]></description>
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<pre><em><strong>THE ANDHRA PRADESH DISTRICTS (FORMATION) RULES, 1984</strong></em>
<em><strong></strong></em>
<em><strong> [G.O.Ms.No. 605, Revenue (U), dated 4thApril, 1984]</strong></em>
<em><strong>l</strong></em>
<em><strong>In exercise of the powers conferred by sub-section (1) of Section 4 of the Andhra </strong></em>
<em><strong>Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) and in supersession of the </strong></em>
<em><strong>Andhra Pradesh Districts (Formation) Rules, 1974 issued with G.O.Ms.No. 529, </strong></em>
<em><strong>Revenue, dated the 22nd April, 1975 and published at Pages 1-7 of the Rules </strong></em>
<em><strong>supplement to Part-I, Extraordinary of the Andhra Pradesh Gazette, dated the </strong></em>
<em><strong>25th April, 1975, the Governor of Andhra Pradesh hereby makes the following </strong></em>
<em><strong>rules, namely:—</strong></em>
<em><strong>2. They shall come into force on the 4th day of April, 1984.</strong></em>
<em><strong>RULES</strong></em>
<em><strong>1. Short title:—</strong></em>
<em><strong>These rules may be called the Andhra Pradesh Districts (Formation) Rules, 1984.</strong></em>
<em><strong>2. Definitions:—</strong></em>
<em><strong>In these rules:</strong></em>
<em><strong>(i) "Act" means the Andhra Pradesh District (Formation) Act, 1974. (ii) "<a class="zem_slink" title="District collector" href="http://maps.google.com/maps?ll=22.03185,74.90825&#38;spn=1.0,1.0&#38;q=22.03185,74.90825 (District%20collector)&#38;t=h" rel="geolocation">Collector</a>" </strong></em>
<em><strong>means the Collector incharge of a <a class="zem_slink" title="Districts of India" href="http://en.wikipedia.org/wiki/Districts_of_India" rel="wikipedia">revenue district</a>, (iii) "Form" means form </strong></em>
<em><strong>appended to these rules, (iv) "Mandal" means a part of the district, within a </strong></em>
<em><strong><a class="zem_slink" title="Revenue" href="http://www.wikinvest.com/metric/Revenue" rel="wikinvest">revenue</a> division</strong></em>
<em><strong>under the charge of a <a class="zem_slink" title="Tehsildar" href="http://en.wikipedia.org/wiki/Tehsildar" rel="wikipedia">Tahsildar</a> or Deputy Tahsildar. (v) "Revenue Division" </strong></em>
<em><strong>means a part of the district comprising of one</strong></em>
<em><strong>or more mandals under the charge of a Revenue Divisional</strong></em>
<em><strong>Officer/Sub-Collector/Assistant Collector or any other officerplaced incharge of a division, (vi ) "Vil lage " means a se t t lement or locali ty </strong></em>
<em><strong>or area cons isting</strong></em>
<em><strong>o f c l u s t e r o f h a b i t a t i o n s a n d t h e l a n d b e l o n g i n g t o t h e i r</strong></em>
<em><strong>propritary inhabitants and includes, a town or city and a hamlet</strong></em>
<em><strong>(Mazra).</strong></em>
<em><strong>3. Matters of consideration in <a class="zem_slink" title="Formation (stratigraphy)" href="http://en.wikipedia.org/wiki/Formation_%28stratigraphy%29" rel="wikipedia">formation</a> of districts etc.:—</strong></em>
<em><strong>(1) Where any action is proposed to be taken by the Government under subsection (1) or sub-section (2) of Section 3 of the Act or by the <a class="zem_slink" title="Commissioner" href="http://en.wikipedia.org/wiki/Commissioner" rel="wikipedia">Commissioner</a> </strong></em>
<em><strong>of Land Revenue under sub-section (4) of that Section, the Government or </strong></em>
<em><strong>the Commissioner of Land Revenue, as the case may be, shall take into </strong></em>
<em><strong>consideration as far as may be the following matters and the views of the </strong></em>
<em><strong>Collectors of the districts and of such other authorities as the Government </strong></em>
<em><strong>may consider necessary:—</strong></em>
<em><strong>- - -</strong></em>
<em><strong>1. Published in A.P. Gazette R.S. to Part-I (Extra.), dt. 16-4-1984.</strong></em>
<em><strong> - - - </strong></em>
<em><strong>( i ) </strong></em>
<em><strong>A r ea, popu la t <a class="zem_slink" title="Ion" href="http://en.wikipedia.org/wiki/Ion" rel="wikipedia">ion</a>, demand under the land revenue and other r evenues </strong></em>
<em><strong>i n r e s p e c t o f a r e a s a f f e c t e d b y t h e p r o p o s a l s : (ii)</strong></em>
<em><strong>Histo r ica l associa t ion , <a class="zem_slink" title="Geograph Britain and Ireland" href="http://www.geograph.org.uk" rel="homepage">Geograph</a> ical cont i gui ty, Phys ical f ea t u r es , </strong></em>
<em><strong>c o m m o n i n t e r e s t s a n d p r o b l e m s , C u l t u r a l a n d E d u c a t i o n a l </strong></em>
<em><strong>r e q u i r e m e n t s , I n f r a s t r u ct u r a l f a c i l i t i e s a n d ec o n om ic p ro g re ss o f th e </strong></em>
<em><strong>areas.</strong></em>
<em><strong>( i i i ) Development of the area concerned, having regard to the va r i ous </strong></em>
<em><strong>d e v e l o pme n t s a n d we l f a r e s c h eme s u n d e r t a k e n o r con temp la ted by </strong></em>
<em><strong>t he Gove rnmen t in re la t ion to those a reas ;</strong></em>
<em><strong>( iv) Administ rat ive convenience and be t te r admini st ra t ion; and</strong></em>
<em><strong>(v) interest of economy.</strong></em>
<em><strong>(2) Wi t h r e g a r d t o a n y p r o p o s a l s f o r a l t e r a t i o n o f t h e n ame o f t h e </strong></em>
<em><strong>district revenue division, mandal or a village regard shall be had </strong></em>
<em><strong>among o ther ma t t ers, to the fo l l owing namely:—</strong></em>
<em><strong>(i) Historical association, if any, of the existing name, with the</strong></em>
<em><strong>proposed change; and (ii) the need for change of name if </strong></em>
<em><strong>any proposed.</strong></em>
<em><strong>(3) I n m a t t e r s c o n c e r n i n g s u b - s e c ti o n ( 1 ) o r s u b - s e c t i o n ( 2 ) o f </strong></em>
<em><strong>Section 3 of the <a class="zem_slink" title="Acts of the Apostles" href="http://en.wikipedia.org/wiki/Acts_of_the_Apostles" rel="wikipedia">Acts</a> the Collector concerned shall forward to the </strong></em>
<em><strong>Government his repo r t wi th his v i ews toge ther wi th the reco rd </strong></em>
<em><strong>of enquiry if any for the consideration of the Government. If after </strong></em>
<em><strong>s u c h c o n s i d e r a t i o n t h e G o v e r nm e n t s o d e c i d e s , a p r e l im i n a r y </strong></em>
<em><strong>notification under sub-section (5) of Section 3 of the Act inviting </strong></em>
<em><strong>o b j e c t i o n s o r s u g g e s t i o n s t o t h e p r o p o s a l s f r o m t h e p e r s o n s </strong></em>
<em><strong>r e s i d i n g i n t h e a r e a / a r e a s w h i c h a r e l i k e l y t o b e a f f e c t e d </strong></em>
<em><strong>t h e r e b y , s h a l l b e i s s u e d .</strong></em>
<em><strong>(4) In matters concerning sub-section (4) of Section 3 of the Act, the </strong></em>
<em><strong>Collector concerned shall forward to the Commissioner of Land Revenue his report together with the record of inquiry if any with </strong></em>
<em><strong>his views for the consideration of the Commissioner. If after such </strong></em>
<em><strong>considerat ion the Comm issioner of Land Revenue so decides, a </strong></em>
<em><strong>preliminary notification under sub-section (4) of Section 3 of the </strong></em>
<em><strong>Act invi ting objections or sugges tions to the proposals from the </strong></em>
<em><strong>persons residing in the area/areas which are likely to be affected </strong></em>
<em><strong>t h e r e b y s h a l l b e i s s u e d .</strong></em>
<em><strong>4. Publication of preliminary notification:—</strong></em>
<em><strong>(1) The preliminary notification referred to in sub-rule (3) or (4) of Rule 3 inviting </strong></em>
<em><strong>objections or suggestions thereon shall be in Form I and shall be published </strong></em>
<em><strong>in the Andhra Pradesh Gazette and the District Gazettes of the district/or </strong></em>
<em><strong>districts affected by the proposal and shall also be displayed at the village </strong></em>
<em><strong>chavidi, offices of GramPanchayat, Panchayat Samithi and on the notice boards </strong></em>
<em><strong>of the Offices of the Revenue Divisional Officer/Sub-Collector/Assistant </strong></em>
<em><strong>Collector/Collectorate and Zilla Parishad.</strong></em>
<em><strong> (2) Any person affected by the proposal may within </strong></em>
<em><strong>l</strong></em>
<em><strong>[30 day's] from the date of </strong></em>
<em><strong>publication of the notification referred to in sub-rule (1) above communicate </strong></em>
<em><strong>his objections or suggestions thereto to the Secretary to the Government in the </strong></em>
<em><strong>Revenue Department or to the Commissioner of Land Revenue, as the case may </strong></em>
<em><strong>be, through the Collector of the district concerned, who shall forward the </strong></em>
<em><strong>same with his remarks to the Government or the Commissioner of Land </strong></em>
<em><strong>Revenue as the case may be. </strong></em>
<em><strong>CASE LAW</strong></em>
<em><strong>Rules 4 and 5 of the Rules under the Act - Preliminary Notification published by </strong></em>
<em><strong>Government relating to formation of a Mandal with its headquarters. Final </strong></em>
<em><strong>Notification of formation of the Mandal with a different headquarters - Not illegal. Gram Panchayat, Chinna Maddur vs. Gout, of A.P., 1986 (1) ALT 48 (NRC) = 1986 (1) </strong></em>
<em><strong>An. WR 362.</strong></em>
<em><strong>5. Publication of final notification:—</strong></em>
<em><strong>The Government or the Commissioner of Land Revenue, as the case may be, having </strong></em>
<em><strong>regard to the suggestions or objections referred to under Rule 4 either confirm </strong></em>
<em><strong>the preliminary notification or issue it with such modification/modifications as </strong></em>
<em><strong>may be necessary and publish it in Forms II or III, as the case may be, under subsections (1), (2) or (4) of Section 3 of the Act in Andhra Pradesh Gazette and in the </strong></em>
<em><strong>District Gazette concerned.</strong></em>
<em><strong>FORM I</strong></em>
<em><strong>(See Rule 3)</strong></em>
<em><strong>Under Sub-Section (5) of Section 3 of the Andhra Pradesh (districts) Formation) </strong></em>
<em><strong>Act, 1974 (Act 7 of 1974) notice is hereby given to all concerned that the Government </strong></em>
<em><strong>in the interest of better administration and development of the area concerned </strong></em>
<em><strong>propose to form a new district/revenue division/ mandal as set out in the </strong></em>
<em><strong>schedule hereto appended/to increase the areas/ diminish the areas of/alter the </strong></em>
<em><strong>boundaries of/alter the name of district/ revenue division/mandal as detailed in </strong></em>
<em><strong>the schedule hereto appended</strong></em>
<em><strong>2</strong></em>
<em><strong>[x x x ] or</strong></em>
<em><strong>The Commissioner of Land Revenue in the interests of better administration </strong></em>
<em><strong>and development of the areas concerned proposes to group or amalgamate certain </strong></em>
<em><strong>revenue villages/portions of certain revenue village to form a new revenue </strong></em>
<em><strong>village/divide a revenue village/increase the area of/ diminish the area of/certain </strong></em>
<em><strong>revenue villages. Alter the boundaries of certain revenue villages/alter the name </strong></em>
<em><strong>of certain revenue villages as set out in detail in the schedule appended hereto.Objections or suggestions are invited on the above proposal from all persons </strong></em>
<em><strong>residing within the district/revenue division/mandal/ or village who are likely to be </strong></em>
<em><strong>effected there by for being taken into consideration by the </strong></em>
<em><strong>Government/Commissioner of Land Revenue.</strong></em>
<em><strong>- - - </strong></em>
<em><strong>1. Subs, by G.O.Ms.No. 61 Rev. (Mandals II), dt. 1-2-1988 and again by </strong></em>
<em><strong>G.O.Ms. </strong></em>
<em><strong>No.1012, Rev. (Mandals II), dt. 8-11-1991.</strong></em>
<em><strong>2. Certain words omitted by G.O.Ms. No. 1219, Rev. (Mandals), dt. 29-10-1985.</strong></em>
<em><strong>- - - </strong></em>
<em><strong>All objections and suggestions should be in writing in English or Telugu and </strong></em>
<em><strong>should be addressed to the Collector (by designation) within whose jurisdiction the </strong></em>
<em><strong>area lies so as to reach the office of the Collector on or before expiry of 3</strong></em>
<em><strong>[30 days </strong></em>
<em><strong>from the date of publication of this notification.</strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)</strong></em>
<em><strong>Secretary to Government ofA.P.</strong></em>
<em><strong>Revenue Department. Secretary to the </strong></em>
<em><strong>Commissioner of Land Revenue.FORM II</strong></em>
<em><strong>(See Rule 5) (Final Notification by </strong></em>
<em><strong>Government)</strong></em>
<em><strong>In exercise of the powers conferred by sub-section (1) of Section 3, </strong></em>
<em><strong>subsection (2) of Section 3 of the Andhra Pradesh Districts (Formation) </strong></em>
<em><strong>Act, 1974 (Act No. 7 of 1974) read with sub-section (6) of the said </strong></em>
<em><strong>section, the Governor of Andhra Pradesh, in the interests of better </strong></em>
<em><strong>administration and development of the area concerned, after having </strong></em>
<em><strong>published proposals in that regard as required under sub-section (5) </strong></em>
<em><strong>of Section 3 of the Andhra Pradesh Districts (formation) Act, 1974 (Act </strong></em>
<em><strong>No. 7 of 1974), and having taken into consideration the obj ections and </strong></em>
<em><strong>suggestions received thereon all persons in the areas concerned and </strong></em>
<em><strong>likely to be affected thereby, do hereby notify that,</strong></em>
<em><strong>With effect on and from (date) the State/District/Revenue Division/ </strong></em>
<em><strong>Mandal shall consist of the districts/Revenue </strong></em>
<em><strong>Divisions/Mandals/Villages specified in the schedule I hereto </strong></em>
<em><strong>appended.</strong></em>
<em><strong>OR</strong></em>
<em><strong>there shall be formed a new district/revenue division/mandal as </strong></em>
<em><strong>specified in the schedule I hereto appended.</strong></em>
<em><strong>OR</strong></em>
<em><strong>the area comprising the districts/revenue division/mandal shall be </strong></em>
<em><strong>increased/ diminished as specified in the schedule I hereto appended </strong></em>
<em><strong>the boundaries of the district/revenue division/mandal shall be </strong></em>
<em><strong>altered as specified in the schedule I hereto appended.the name of the district/revenue division/mandal shall be </strong></em>
<em><strong>altered as specified in the schedule I hereto appended.</strong></em>
<em><strong>And it is further ordered that the supplemental, incidental, and </strong></em>
<em><strong>consequential provisions specified in schedule II hereto appended shall </strong></em>
<em><strong>come into force with effect on and from (date) in relation to the </strong></em>
<em><strong>district/revenue division/mandal/ village specified in Schedule-I.</strong></em>
<em><strong>SCHEDULE -I </strong></em>
<em><strong>SCHEDULE - </strong></em>
<em><strong>II</strong></em>
<em><strong>Secretary to Government ofA.P. </strong></em>
<em><strong>Revenue Department.FORM - III</strong></em>
<em><strong>(See Rale 5) (Final notification by the </strong></em>
<em><strong>Commissioner of Land Revenue)</strong></em>
<em><strong>In exercise of the powers conferred by sub-section (4) of Section 3 of the Andhra </strong></em>
<em><strong>Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) the Commissioner of Land </strong></em>
<em><strong>Revenue.</strong></em>
<em><strong>In the interests of better administration and development of the areas </strong></em>
<em><strong>concerned after having published proposals in that regard as required under subsection (5) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act of </strong></em>
<em><strong>1974), and having taken into consideration the objections and suggestions </strong></em>
<em><strong>received thereon from all persons in the areas concerned and likely to be affected </strong></em>
<em><strong>thereby.</strong></em>
<em><strong>do hereby notify that with effect from the date of publication of this notification </strong></em>
<em><strong>in the Andhra Pradesh Gazette.</strong></em>
<em><strong>the revenue villages/part of revenue villages specified in the schedule I, </strong></em>
<em><strong>appended hereto shall be grouped, amalgamated or/and formed into a single new </strong></em>
<em><strong>revenue village as specified in the said schedule I the revenue village</strong></em>
<em><strong>of............................. in............................ mandalin............................... </strong></em>
<em><strong>District shall be divided to form new revenue villages as specified in the schedule I </strong></em>
<em><strong>hereto appended.</strong></em>
<em><strong>OR</strong></em>
<em><strong>the (area) or (boundaries) of the revenue village.................... Mandal</strong></em>
<em><strong>in..................... District shall be (increased/diminished) or (altered) as</strong></em>
<em><strong>specified in the schedule I hereto appended.OR</strong></em>
<em><strong>the name of revenue village in more Mandal District shall be altered as specified </strong></em>
<em><strong>in the Schedule hereto appended.</strong></em>
<em><strong>And it is further ordered that the supplemental, incidental and consequential </strong></em>
<em><strong>provision specified in the schedule II hereto appended shall apply in relation to the </strong></em>
<em><strong>village specified in Schedule I.</strong></em>
<em><strong>SCHEDULE -I SCHEDULE - </strong></em>
<em><strong>II</strong></em>
<em><strong>Secretary, for and on behalf of the Commissioner of Land </strong></em>
<em><strong>Revenue, Andhra Pradesh.</strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA</strong></em>
<em><strong>PRADESH)</strong></em>
<em><strong>B.N. JAYASIMHA, Principal Secretary to Government.</strong></em></pre>
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<title><![CDATA[THE ANDHRA PRADESH WATER, LAND AND TREES RULES, 2002]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-water-land-and-trees-rules-2002/</link>
<pubDate>Thu, 27 Oct 2011 09:54:37 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-water-land-and-trees-rules-2002/</guid>
<description><![CDATA[1   Image via Wikipedia             [No.19] HYDERABA]]></description>
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<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:Map_AP_dist_NH_roads.png"><img class="zemanta-img-configured" title="Major road links of Andhra Pradesh" src="http://upload.wikimedia.org/wikipedia/commons/thumb/5/58/Map_AP_dist_NH_roads.png/300px-Map_AP_dist_NH_roads.png" alt="Major road links of Andhra Pradesh" width="300" height="286" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
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<em><strong>[No.19] HYDERABAD, SATURDAY, JUNE 15, 2002</strong></em>

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<em><strong>THE ANDHRA PRADESH WATER, LAND AND TREES RULES, 2002</strong></em>
<em><strong>[G. O. Ms. No. 224, <a class="zem_slink" title="Panchayati raj" href="http://en.wikipedia.org/wiki/Panchayati_raj" rel="wikipedia">Panchayat Raj</a> and <a class="zem_slink" title="Rural development" href="http://en.wikipedia.org/wiki/Rural_development" rel="wikipedia">Rural Development</a> (RD. IV), 15</strong></em>
<em><strong>th</strong></em>
<em><strong>June, 2002.]</strong></em>
<em><strong>In exercise of the powers conferred by sub section (1) of section 45 of the Andhra Pradesh</strong></em>
<em><strong>Water, Land and Trees Act, 2002 (Andhra Pradesh Act No. 10 of 2002), the Governor of Andhra</strong></em>
<em><strong>Pradesh hereby makes the following rules to promote water conservation of water sources, land and</strong></em>
<em><strong>matters connected there with or incidental thereto in the State of Andhra Pradesh.</strong></em>
<em><strong>RULES</strong></em>
<em><strong>1. (1) These rules may be called The Andhra Pradesh Water, Land</strong></em>
<em><strong>and Trees Rules, 2002.</strong></em>
<em><strong>(2) They extend to the whole of <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh State</a>.</strong></em>
<em><strong>(3) They shall come in to force from the date of publication.</strong></em>
<em><strong>2. In these rules, the context otherwise requires:-</strong></em>
<em><strong>(1) “Act” means the Andhra Pradesh Water, Land and Trees</strong></em>
<em><strong>Act, 2002;</strong></em>
<em><strong>(2) “Authority” means the Andhra Pradesh State Water, Land</strong></em>
<em><strong>and Trees Authority constituted under the Act;</strong></em>
<em><strong>(3) “Member Secretary” means the member secretary of the</strong></em>
<em><strong>Andhra Pradesh State Water, Land and Trees Authority.</strong></em>
<em><strong>(4) Words and Expressions used in the Act shall apply to these</strong></em>
<em><strong>rules also.</strong></em>
<em><strong>3. (1) (i) The Government may designate any officer as an</strong></em>
<em><strong>Administrator who shall assist the Authority in</strong></em>
<em><strong>discharging its duties.</strong></em>
<em><strong>Short title extent and</strong></em>
<em><strong>commencement</strong></em>
<em><strong>Definitions</strong></em>
<em><strong>Appointment of</strong></em>
<em><strong>Administrator and</strong></em>
<em><strong>the staff in State ,</strong></em>
<em><strong>District and mandal</strong></em>
<em><strong><a class="zem_slink" title="Authority" href="http://en.wikipedia.org/wiki/Authority" rel="wikipedia">Authorities</a>.2</strong></em>
<em><strong>(ii) The Authority may take on deputation such other</strong></em>
<em><strong>officers or members of staff subordinate to the</strong></em>
<em><strong>Administrator either on contract basis or from the</strong></em>
<em><strong>surplus manpower cell.</strong></em>
<em><strong>(2) The member Secretary of the District Authority shall assist</strong></em>
<em><strong>the District Authority in its work and the District Authority</strong></em>
<em><strong>ma take on contract basis or from the surplus manpower cell</strong></em>
<em><strong>such other officers or the staff to assist the Member</strong></em>
<em><strong>Secretary.</strong></em>
<em><strong>(3) The Member Secretary of the Mandal Authority shall assist</strong></em>
<em><strong>the Mandal Authority in its work and the Mandal Authority</strong></em>
<em><strong>may take on contract basis or from the surplus manpower</strong></em>
<em><strong>cell suc other officers or the staff to assist the Member</strong></em>
<em><strong>Secretary.</strong></em>
<em><strong>(4) The Authority under the provisions of section 5 the Act, may</strong></em>
<em><strong>designate the officers from the departments such as Ground</strong></em>
<em><strong>Water, Rural Development, Panchayath Raj, Forest or any</strong></em>
<em><strong>other department or agency as deemed necessary to work as</strong></em>
<em><strong>Designated or Technical <a class="zem_slink" title="United States Air Force officer rank insignia" href="http://en.wikipedia.org/wiki/United_States_Air_Force_officer_rank_insignia" rel="wikipedia">Officers</a> for the purpose of the Act</strong></em>
<em><strong>by a separate order.</strong></em>
<em><strong>(5) The power of designating the officers at District and mandal</strong></em>
<em><strong>level may be delegated by the State Authority to the District</strong></em>
<em><strong>and Mandal level Authorities respectively.</strong></em>
<em><strong>4. The term of office of the nominated members of the Authority</strong></em>
<em><strong>except those nominated under clause (k) of subsection (2) of</strong></em>
<em><strong>section (3) shall be three (3) years from the date of their</strong></em>
<em><strong>appointment.</strong></em>
<em><strong>5. (1) A nominated member o the Authority may resign from his</strong></em>
<em><strong>office by giving thirty (30) days notice to the Chairman.</strong></em>
<em><strong>(2) The power to accept the resignation of a member shall vest</strong></em>
<em><strong>with the Chairman who on accepting the resignation shall</strong></em>
<em><strong>report to the Authority during it’s next meeting.</strong></em>
<em><strong>(3) Whenever a nominated member of the Authority resigns or</strong></em>
<em><strong>dies or is removed from the office or becomes incapable of</strong></em>
<em><strong>acting. Government may by notification in the official</strong></em>
<em><strong>gazette appoint a person in the said vacancy.</strong></em>
<em><strong>Provided that a person so appointed in the said vacancy</strong></em>
<em><strong>shall hold office only for the residue of the period.</strong></em>
<em><strong>6. The Government may remove any non-official member from his</strong></em>
<em><strong>office if he is of unsound mind, or convicted of a criminal offence</strong></em>
<em><strong>involving moral turpitude, or fails to attend more than three</strong></em>
<em><strong>successive meetings of the Authority without prior approval of the</strong></em>
<em><strong>Chairman.</strong></em>
<em><strong>7. (1) The non-official members of the Authority shall be entitled</strong></em>
<em><strong>to the travelling and daily allowances as admissible to</strong></em>
<em><strong>Grade-I officers of the state for attending the meetings or any</strong></em>
<em><strong>other work assigned by the Authority. They should produce</strong></em>
<em><strong>a certificate that they have not claimed Travelling Allowance</strong></em>
<em><strong>and <a class="zem_slink" title="Dearness allowance" href="http://en.wikipedia.org/wiki/Dearness_allowance" rel="wikipedia">Dearness Allowance</a> for the same period elsewhere.</strong></em>
<em><strong>(2) The Authority may designate an officer of the Authority as</strong></em>
<em><strong>Term of Office of the</strong></em>
<em><strong>nominated members</strong></em>
<em><strong>of the Authorities</strong></em>
<em><strong>Resignation</strong></em>
<em><strong>Removal from the</strong></em>
<em><strong>Authority</strong></em>
<em><strong>Allowances3</strong></em>
<em><strong>the controlling officer in respect of payment of allowances.</strong></em>
<em><strong>8. (1) (a) The <a class="zem_slink" title="District collector" href="http://maps.google.com/maps?ll=22.03185,74.90825&#38;spn=1.0,1.0&#38;q=22.03185,74.90825 (District%20collector)&#38;t=h" rel="geolocation">District Collector</a></strong></em>
<em><strong>(b) One <a class="zem_slink" title="Member of parliament" href="http://en.wikipedia.org/wiki/Member_of_parliament" rel="wikipedia">Member of Parliament</a> and</strong></em>
<em><strong>two members of the Legislative</strong></em>
<em><strong>Assembly as nominated by the</strong></em>
<em><strong>Government . Out of two</strong></em>
<em><strong>members of Legislative</strong></em>
<em><strong>Assembly, one shall be</strong></em>
<em><strong>preferably from main opposition</strong></em>
<em><strong>political party.</strong></em>
<em><strong>(c) Three Mandal parishad</strong></em>
<em><strong>Presidents and two Zilla</strong></em>
<em><strong>Parishad Territorial</strong></em>
<em><strong>Constituency members to be</strong></em>
<em><strong>nominated by the Ex-officio</strong></em>
<em><strong>Chairman of the District</strong></em>
<em><strong>Authority.</strong></em>
<em><strong>(d) Joint Director, Agriculture</strong></em>
<em><strong>(e) Superintending Engineer,</strong></em>
<em><strong>Irrigation</strong></em>
<em><strong>(f) Superintending Engineer,</strong></em>
<em><strong>Rural Water Supply</strong></em>
<em><strong>(g) Deputy Director,</strong></em>
<em><strong>Ground Water Department</strong></em>
<em><strong>(h) Deputy Director,</strong></em>
<em><strong>Mines&#38;Geological Department</strong></em>
<em><strong>(i) Deputy Conservator of Forests</strong></em>
<em><strong>(Planning &#38; Extension) or</strong></em>
<em><strong>Territorial Divisional Forest</strong></em>
<em><strong>Officer.</strong></em>
<em><strong>(j) Project Officer / Integrated</strong></em>
<em><strong>Tribal Development Agency /</strong></em>
<em><strong>MADA / PTG</strong></em>
<em><strong>(k) Regional officer, Andhra Pradesh</strong></em>
<em><strong>Pollution Control Board.</strong></em>
<em><strong>(l) Chief Executive Officer,</strong></em>
<em><strong>Zilla Parishad.</strong></em>
<em><strong>(m) An official from Hyderabad</strong></em>
<em><strong>Metropolitan Water and</strong></em>
<em><strong>Sewerage Board, in respect of</strong></em>
<em><strong>Rangareddy and Hyderabad</strong></em>
<em><strong>Districts</strong></em>
<em><strong>(n) One official from Municipal</strong></em>
<em><strong>Administration Department</strong></em>
<em><strong>(o) Other Non Official persons not</strong></em>
<em><strong>exceeding five, who in the</strong></em>
<em><strong>opinion of the Ex-officio</strong></em>
<em><strong>Chairman of District Authority</strong></em>
<em><strong>are interested in the</strong></em>
<em><strong>conservation of natural</strong></em>
<em><strong>Ex-Officio Chairman</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Non-Official Members</strong></em>
<em><strong>District Authority4</strong></em>
<em><strong>resources of which one shall</strong></em>
<em><strong>belong to Scheduled Caste, one</strong></em>
<em><strong>to the Scheduled Tribe and one</strong></em>
<em><strong>shall be a woman.</strong></em>
<em><strong>(p) Director, Urban Forestry,</strong></em>
<em><strong>HUDA in respect of Hyderabad</strong></em>
<em><strong>and Rangareddy Districts.</strong></em>
<em><strong>(q) Project Director, Drought Prone</strong></em>
<em><strong>Area Programme / District</strong></em>
<em><strong>Water Management Agency.</strong></em>
<em><strong>Ex-Officio Members</strong></em>
<em><strong>Ex-Officio Member –</strong></em>
<em><strong>Secretary.</strong></em>
<em><strong>(2) The term of the office of Non Official members shall be</strong></em>
<em><strong>three years from the date of appointment and they are</strong></em>
<em><strong>entitled to the allowances as admissible to Grade-I officers</strong></em>
<em><strong>of the State.</strong></em>
<em><strong>(3) Resignation or removal of the members of the District</strong></em>
<em><strong>Authority shall be governed in the same manner as</strong></em>
<em><strong>prescribed under rules 5 and 5 of these rules.</strong></em>
<em><strong>(4) The quorum to conduct a meeting of the District Authority</strong></em>
<em><strong>shall be one third of the total number of the members.</strong></em>
<em><strong>9. (1) The Government may by notification constitute the Mandal</strong></em>
<em><strong>Authority as follows:-</strong></em>
<em><strong>(a) Mandal Revenue Officer of the</strong></em>
<em><strong>concerned Mandal.</strong></em>
<em><strong>(b) Mandal Development Officer</strong></em>
<em><strong>(c) Sarpanch of the Mandal</strong></em>
<em><strong>Headquarter Gram Panchayat</strong></em>
<em><strong>(d) Two Mandal Parishad</strong></em>
<em><strong>Territorial Constituency</strong></em>
<em><strong>Members of the concerned</strong></em>
<em><strong>mandal to be nominated by the</strong></em>
<em><strong>Ex-officio Chairman of the</strong></em>
<em><strong>Mandal Authority with the</strong></em>
<em><strong>approval of Ex-officio</strong></em>
<em><strong>Chairman of the District</strong></em>
<em><strong>Authority.</strong></em>
<em><strong>(e) Assistant Executive Engineer,</strong></em>
<em><strong>Irrigation department.</strong></em>
<em><strong>(f) An Officer from Ground Water</strong></em>
<em><strong>department.</strong></em>
<em><strong>(g) Assistant Director,</strong></em>
<em><strong>Agriculture Department.</strong></em>
<em><strong>(h) Assistant Project Director,</strong></em>
<em><strong>Integrated Tribal Development</strong></em>
<em><strong>Agency.</strong></em>
<em><strong>(i) Forest Range Officer of the</strong></em>
<em><strong>nearest Range.</strong></em>
<em><strong>(j) Three non-official members of</strong></em>
<em><strong>whom, one shall be a woman,</strong></em>
<em><strong>who is the opinion of the Esofficio Chairman of Mandal</strong></em>
<em><strong>Ex-Officio Chairman</strong></em>
<em><strong>Mandal Authority5</strong></em>
<em><strong>Authority are interested in</strong></em>
<em><strong>conservation of natural</strong></em>
<em><strong>resources or presidents of the</strong></em>
<em><strong>Water Users Association or</strong></em>
<em><strong>Vana Samrakshana Samithi or</strong></em>
<em><strong>Water Association with the</strong></em>
<em><strong>approval of the Es-officio</strong></em>
<em><strong>Chairman of the District</strong></em>
<em><strong>Authority.</strong></em>
<em><strong>(k) Assistant Executive Engineer,</strong></em>
<em><strong>Rural Water Supply.</strong></em>
<em><strong>Note: In the Scheduled Areas, a Scheduled Tribe Candidate shall</strong></em>
<em><strong>be nominated. In the predominantly Scheduled Castes Mandal,</strong></em>
<em><strong>one of the members shall be from Scheduled Caste.</strong></em>
<em><strong>(2) The term of the office of Non Official members shall be</strong></em>
<em><strong>three years from the date of appointment.</strong></em>
<em><strong>(3) The Mandal Authority shall conduct meetings and perform</strong></em>
<em><strong>such functions as delegated under section 6 and prescribed</strong></em>
<em><strong>under section 3(6) of the Act, and other functions as directed</strong></em>
<em><strong>by the Government. The Mandal Authority may utilise the</strong></em>
<em><strong>services of the Designated Officers and technical officers in</strong></em>
<em><strong>discharging of its functions.</strong></em>
<em><strong>(4) The quorum to conduct meeting of the Mandal authority</strong></em>
<em><strong>shall be one third of the total number of the members.</strong></em>
<em><strong>10. (1) The time, date and place of the meeting of the State, District</strong></em>
<em><strong>and Mandal Authorities shall be fixed by the Member</strong></em>
<em><strong>Secretary of the respective authorities with the approval of</strong></em>
<em><strong>its Chairman.</strong></em>
<em><strong>(2) The District Authority may conduct meetings and perform</strong></em>
<em><strong>such functions as delegated under subsection-6 of section 3</strong></em>
<em><strong>of the Act and other functions as directed by the Government</strong></em>
<em><strong>and will report to the State Authority. The District Authority</strong></em>
<em><strong>may utilise the services of the Designated Officers and</strong></em>
<em><strong>Technical Officers in discharging of its functions.</strong></em>
<em><strong>(3) Seven clear days notice of an ordinary meeting and three</strong></em>
<em><strong>clear days notice of a special meeting along with the agenda</strong></em>
<em><strong>notes if any, shall be given by the Member Secretary to the</strong></em>
<em><strong>members.</strong></em>
<em><strong>(4) Any particular meeting may adjourn from day to day or to</strong></em>
<em><strong>any particular day and no fresh notice shall be required for</strong></em>
<em><strong>an adjourned meeting.</strong></em>
<em><strong>(5) All decisions in a meeting shall be decided by a majority of</strong></em>
<em><strong>votes of the members present. Voting shall be by raising of</strong></em>
<em><strong>hands in favour of the proposal. In case of equality of votes</strong></em>
<em><strong>the presiding officer shall have a casing vote.</strong></em>
<em><strong>(6) The Authority may Co-opt any person as an observer for a</strong></em>
<em><strong>particular meeting or period who shall have no voting rights.</strong></em>
<em><strong>Meetings of the</strong></em>
<em><strong>State, District and</strong></em>
<em><strong>Mandal Authorities6</strong></em>
<em><strong>11. Every owner of the well shall register the well as per the</strong></em>
<em><strong>subsection (2) of section 8 of the Act by an application giving</strong></em>
<em><strong>details as in Form-I appended to these rules and by paying fee as</strong></em>
<em><strong>fixed by the Authority having jurisdiction from time to time. The</strong></em>
<em><strong>Town Planning Department of Municipal Corporation,</strong></em>
<em><strong>Municipalities</strong></em>
<em><strong>12. (1) Any person or institution desiring to dig a new well of any</strong></em>
<em><strong>kind in their premises should submit to the Authority having</strong></em>
<em><strong>jurisdiction over the area, an application in Form 2 appended</strong></em>
<em><strong>to these rules together with a fee as fixed by the authority</strong></em>
<em><strong>from time to time. The Authority shall process the</strong></em>
<em><strong>application with the help of the Designated Officer. The</strong></em>
<em><strong>Designated Officer after examining the application shall</strong></em>
<em><strong>satisfy himself about the compliance of the various</strong></em>
<em><strong>provisions of the Andhra Pradesh Water, Land and Trees</strong></em>
<em><strong>Act, 2002 and give his recommendation to the Authority and</strong></em>
<em><strong>the said Authority shall dispose off the application within</strong></em>
<em><strong>forty five days of receipt of the application. The Designated</strong></em>
<em><strong>Officer while deposing off the application shall comply with</strong></em>
<em><strong>the provision of subsection (3) of section 10 of the Act.</strong></em>
<em><strong>Wherever necessary, it shall take the opinion of the</strong></em>
<em><strong>Technical Officer of that area. Every order for permission</strong></em>
<em><strong>shall be in Form 3 appended to these rules.</strong></em>
<em><strong>Provided that with every such application for a new</strong></em>
<em><strong>well wherever the power driven pump is to be used,</strong></em>
<em><strong>application in Form 2 shall be accompanied with permission</strong></em>
<em><strong>letter from Andhra Pradesh Transmission Corporation in the</strong></em>
<em><strong>Form 10 appended to these rules.</strong></em>
<em><strong>(2) The fee shall be paid through a demand draft drawn in</strong></em>
<em><strong>favour of “The Andhra Pradesh Water, Land and Trees</strong></em>
<em><strong>Authority Fund” payable at the head quarters of the</strong></em>
<em><strong>respective Authority.</strong></em>
<em><strong>13. The permission for grant of sinking of well under the Andhra</strong></em>
<em><strong>Pradesh Water Land and Trees Act, 2002 shall be subject to the</strong></em>
<em><strong>following conditions namely.</strong></em>
<em><strong>(1) That the sinking of the well should not violate any provisions</strong></em>
<em><strong>of the Act.</strong></em>
<em><strong>(2) That the Authority reserves its right to take such measures</strong></em>
<em><strong>necessary for preservation and control of water including an</strong></em>
<em><strong>order for closure of the well; and</strong></em>
<em><strong>(3) That the persons sinking the well shall furnish necessary</strong></em>
<em><strong>information as and when required by the Authority in such</strong></em>
<em><strong>form as may be prescribed and bound by the orders of the</strong></em>
<em><strong>Authority with regard to the drawing of water including</strong></em>
<em><strong>imposition of condition of hours of drawing of water.</strong></em>
<em><strong>Registration of Wells</strong></em>
<em><strong>Permission for new</strong></em>
<em><strong>wells</strong></em>
<em><strong>Conditions for grant of</strong></em>
<em><strong>permission7</strong></em>
<em><strong>14. In respect of areas declared as over exploited by the Authority, as</strong></em>
<em><strong>per sub-section (1) of section 11 of the Act, no person shall sink a</strong></em>
<em><strong>well without the permission of the Authority. The application for</strong></em>
<em><strong>such permission shall be in the Form 2 and the order of permission</strong></em>
<em><strong>shall be in the Form 3 appended to these rules and its disposal</strong></em>
<em><strong>shall be governed as per sub-section (5) of section 11 of the Act.</strong></em>
<em><strong>15. (1) The Authority may by a general or special order shall</strong></em>
<em><strong>authorize the Designate Officer to identify such wells as</strong></em>
<em><strong>required to ensure supply of drinking water to local</strong></em>
<em><strong>population and shall take over such wells.</strong></em>
<em><strong>(2) On identification of the wells, the Designated Officer shall</strong></em>
<em><strong>serve or cause to serve an order of requisition on the owner</strong></em>
<em><strong>of the well specifying the period of such requisition. The</strong></em>
<em><strong>Designated Officer for sufficient reasons, may extend such</strong></em>
<em><strong>period of requisition.</strong></em>
<em><strong>(3) On requisition, the owner of the well shall not draw water for</strong></em>
<em><strong>any other purpose other than drinking for his own use.</strong></em>
<em><strong>(4) If the well so requisitioned is the only source of irrigation</strong></em>
<em><strong>and if the owner is solely dependent on agriculture for his</strong></em>
<em><strong>livelihood, the owner shall be compensated for the loss of</strong></em>
<em><strong>livelihood. The quantum of compensation shall be decided</strong></em>
<em><strong>by the District Collector in consultation with the agriculture</strong></em>
<em><strong>department based on the crops raised during the same period</strong></em>
<em><strong>in the previous three years by the owner utilising the water</strong></em>
<em><strong>from the well.</strong></em>
<em><strong>16. The construction of the water harvesting structures in all existing</strong></em>
<em><strong>and new residential, commercial, public and open areas shall be</strong></em>
<em><strong>governed by the guidelines and schemes adopted by the respective</strong></em>
<em><strong>urban and local bodies. They shall also be responsible for</strong></em>
<em><strong>monitoring execution of the construction in accordance with the</strong></em>
<em><strong>design and the scheme. The provisions of section 17 of the Act</strong></em>
<em><strong>shall be followed by the Urban and Local bodies.</strong></em>
<em><strong>17. Every rig owner or an operator operating or desiring to operate in</strong></em>
<em><strong>the sate of Andhra Pradesh shall register the rig with the Authority</strong></em>
<em><strong>by paying a fee as fixed by the authority from time to time which</strong></em>
<em><strong>shall be renewable for every two years. The application shall be</strong></em>
<em><strong>made in Form 12 and the permission shall be given by the</strong></em>
<em><strong>Authority in Form 13. The rig owners are required to display the</strong></em>
<em><strong>Form 13 at all times upon the rig. Failure to register the rig shall</strong></em>
<em><strong>be an offence and shall be dealt in accordance with rule 25 of</strong></em>
<em><strong>these rules.</strong></em>
<em><strong>18. The Authority shall restrict, regulate and prohibit storage and</strong></em>
<em><strong>disposal of effluents by any person or industry, local body or aqua</strong></em>
<em><strong>culture farm into any stream or well or sewer or on land to prevent</strong></em>
<em><strong>and control contamination of ground water. The Authority may</strong></em>
<em><strong>pass orders suo-motto or based on representations received from</strong></em>
<em><strong>public and after providing an opportunity to be heard to the</strong></em>
<em><strong>affected parties and recording reasons in writing.</strong></em>
<em><strong>Regulation of wells in</strong></em>
<em><strong>over exploited areas</strong></em>
<em><strong>Taking over of well to</strong></em>
<em><strong>ensure drinking water</strong></em>
<em><strong>Construction of Rain</strong></em>
<em><strong>Water Harvesting</strong></em>
<em><strong>Structures</strong></em>
<em><strong>Registration of Rigs</strong></em>
<em><strong>Prohibition of water</strong></em>
<em><strong>contamination8</strong></em>
<em><strong>19. The Authority may impose restrictions and prohibit any industry</strong></em>
<em><strong>and carrying out of any process and operations in any are to</strong></em>
<em><strong>protect water and soil quality in the area. The Authority shall</strong></em>
<em><strong>provide opportunity to be heard to the affected parties before</strong></em>
<em><strong>passing any order and shall record reasons in writing.</strong></em>
<em><strong>Explanation :- Power to issue orders under this rule includes</strong></em>
<em><strong>power to order for</strong></em>
<em><strong>i. Shifting and closure of industry; and</strong></em>
<em><strong>ii. Prohibition or regulation of any process or operation</strong></em>
<em><strong>20. The Authority may levy a cess on consumption of water and</strong></em>
<em><strong>discharge of effluent by any industry, which is not covered under</strong></em>
<em><strong>Schedule I of the Water Cess Act, 1977 and the amount of cess</strong></em>
<em><strong>shall be as fixed by the Authority from time to time.</strong></em>
<em><strong>21. (1) The authority or any designated officer or agency may direct</strong></em>
<em><strong>the occupier of any land that land use shall be modified if the</strong></em>
<em><strong>quality of the water coming from the lad is not of acceptable</strong></em>
<em><strong>quality compared to the standards prescribed by the Andhra</strong></em>
<em><strong>Pradesh Pollution Control Board from time to time.</strong></em>
<em><strong>(2) No brick manufacturing shall be taken up in areas where the</strong></em>
<em><strong>soil is prone to erosion and depletion.</strong></em>
<em><strong>(3) Wherever coal base thermal power plants are in operation,</strong></em>
<em><strong>all constructions within a radius of 10 Kilo meters shall be</strong></em>
<em><strong>taken up with bricks made only with fly ash.</strong></em>
<em><strong>22. Industries shall not use fresh water in excess of maximum unit</strong></em>
<em><strong>quantity specified by the Andhra Pradesh Pollution Control Board</strong></em>
<em><strong>in consent orders issued under the Act, including for production –</strong></em>
<em><strong>related purposes like dilution of effluents etc., The Andhra</strong></em>
<em><strong>Pradesh Pollution Control Board may impose penalty upto the</strong></em>
<em><strong>maximum permissible under the Act, in each case of proven</strong></em>
<em><strong>violation of the consent condition.</strong></em>
<em><strong>23. In areas where sand mining is affecting groundwater regime, such</strong></em>
<em><strong>of the areas shall be notified and transportation of sand shall be</strong></em>
<em><strong>prohibited and mining and transportation of sand shall be banned</strong></em>
<em><strong>in categories-I, II and III groundwater micro basins/mandals and</strong></em>
<em><strong>for other areas the following conditions shall apply for</strong></em>
<em><strong>exploitation of sand.</strong></em>
<em><strong>(1) (a) Sand mining shall not be permitted in I, II, III order</strong></em>
<em><strong>streams except for local use in the Villages or towns</strong></em>
<em><strong>bordering the streams. Transportation of sand from</strong></em>
<em><strong>these notified I / II / III order streams through</strong></em>
<em><strong>mechanical means out of the local jurisdiction shall be</strong></em>
<em><strong>banned.</strong></em>
<em><strong>(b) In IV orders stream, sand mining shall be restricted to</strong></em>
<em><strong>specified areas.</strong></em>
<em><strong>(c) In V order and above rivers, Viz. Godavari, Krishna,</strong></em>
<em><strong>Penna etc. sand mining</strong></em>
<em><strong>(2) The sand leascholders shall not carryout quarrying within</strong></em>
<em><strong>500m. of any existing structure such as bridges, dams, weits</strong></em>
<em><strong>or any other cross drainage structure.</strong></em>
<em><strong>(3) Vehicles carrying sand shall not ply over the flood banks</strong></em>
<em><strong>Land use and water</strong></em>
<em><strong>quality</strong></em>
<em><strong>Water Cess</strong></em>
<em><strong>Modification of land use</strong></em>
<em><strong>Ceiling on water use</strong></em>
<em><strong>Sand mining9</strong></em>
<em><strong>except at crossing points or bridges or on a metal road.</strong></em>
<em><strong>(4) Permission to quarry sand shall not be granted within 500</strong></em>
<em><strong>meters of any groundwater extraction structure(s) either for</strong></em>
<em><strong>irrigation or drinking water purposes.</strong></em>
<em><strong>(5) The streams / rivers where the thickness of sand is quite</strong></em>
<em><strong>good (more than 8.00 meters) the depth of removal may be</strong></em>
<em><strong>extended to 2.00 meters but in no case beyond two meters.</strong></em>
<em><strong>(6) Sand quarrying shall not be permitted within 15 meters or</strong></em>
<em><strong>1/5 of the width of the stream bed from the bank whichever</strong></em>
<em><strong>is more.</strong></em>
<em><strong>(7) Sand mining shall not be permitted in streams where the</strong></em>
<em><strong>thickness of sand deposition is less than 2.00 meters.</strong></em>
<em><strong>(8) The depth of removal of sand shall be restricted to one meter</strong></em>
<em><strong>particularly in minor streams where the thickness is more</strong></em>
<em><strong>than 3.00 meters and less than 8.00 meters.</strong></em>
<em><strong>(9) The sand quarrying shall be restricted to depths above the</strong></em>
<em><strong>water table recorded during monsoon and in no case effect /</strong></em>
<em><strong>disturb the water table.</strong></em>
<em><strong>(10) The quantity of sand deposited annually in every stream or</strong></em>
<em><strong>river shall be monitored by establishing observation stations</strong></em>
<em><strong>along the stream course.</strong></em>
<em><strong>(11) The Ground Water Department shall take up joint inspection</strong></em>
<em><strong>along with officials of Mines and Geology Department or</strong></em>
<em><strong>other concerned departments whenever cases are referred to</strong></em>
<em><strong>study the impact of sand mining in an area and shall give its</strong></em>
<em><strong>recommendations.</strong></em>
<em><strong>24. (1) In every Municipal Corporation or Municipality or other</strong></em>
<em><strong>local area, the number of trees to be planted and their</strong></em>
<em><strong>subsequent maintenance shall be on the following scale:</strong></em>
<em><strong>(i) Residential areas: Every house hold having above 100</strong></em>
<em><strong>square meters area shall plant at least small or medium</strong></em>
<em><strong>variety in their premises as follows.</strong></em>
<em><strong>Below 100 Square meters – 3 trees</strong></em>
<em><strong>101 to 200 Square meters – 5 trees</strong></em>
<em><strong>201 to 300 Square meters - 10 trees</strong></em>
<em><strong>301 Square meters and above – 10 trees plus 5 trees for</strong></em>
<em><strong>every increase of 100 Square meters.</strong></em>
<em><strong>(ii) Commercial or institutional areas: Commercial</strong></em>
<em><strong>establishments shall plant trees as follows:-</strong></em>
<em><strong>Plot Area</strong></em>
<em><strong>(1)</strong></em>
<em><strong>No. of tress</strong></em>
<em><strong>(2)</strong></em>
<em><strong>Below 200 Square meters 2</strong></em>
<em><strong>201 to 500 Square meters 4</strong></em>
<em><strong>501 to 1000 Square meters 6</strong></em>
<em><strong>Above 1001 Square meters 6 trees plus 2 trees for every</strong></em>
<em><strong>increase of 100 square</strong></em>
<em><strong>meters</strong></em>
<em><strong>Tree planting10</strong></em>
<em><strong>(iii)Industrial areas: In industrial areas tress shall be planted</strong></em>
<em><strong>as per the norms of the Andhra Pradesh Pollution</strong></em>
<em><strong>Control Board.</strong></em>
<em><strong>(2) The local authority having jurisdiction shall grant building</strong></em>
<em><strong>permission subject to the condition that the owner shall plant</strong></em>
<em><strong>prescribed number of trees.</strong></em>
<em><strong>(3) The owner of the premises or house shall maintain the trees</strong></em>
<em><strong>and shall not fell the tree without the prior permission of the</strong></em>
<em><strong>Designated Officer.</strong></em>
<em><strong>(4) If any owner desires to fell a tree, he shall apply in writing to</strong></em>
<em><strong>the Designated Officer for permission in Form 11(a) with a</strong></em>
<em><strong>fee per tree as indicated below in that behalf. The</strong></em>
<em><strong>application shall be accompanied by a site plan indicating the</strong></em>
<em><strong>position of the tree required to be felled and the reasons</strong></em>
<em><strong>therefor.</strong></em>
<em><strong>(i) For urban residential and Institutional areas - Rs. 50/-</strong></em>
<em><strong>(ii) For urban commercial areas - Rs. 100/-</strong></em>
<em><strong>(iii)For rural areas - Rs. 25/-</strong></em>
<em><strong>(5) On receipt of such application the Designated Officer or an</strong></em>
<em><strong>officer authorized by him, may, after inspecting the trees and</strong></em>
<em><strong>holding such enquiry, as he deems necessary either grant or</strong></em>
<em><strong>refuse the permission applied for in form 11(b).</strong></em>
<em><strong>Provided that permission shall not be refused, if the</strong></em>
<em><strong>tree:</strong></em>
<em><strong>(i) is dead, diseased or wind fallen or</strong></em>
<em><strong>(ii) has silviculturally matured; or</strong></em>
<em><strong>(iii)constitutes a danger to life or property; or</strong></em>
<em><strong>(iv)constitutes obstruction to traffic, or</strong></em>
<em><strong>(v) is substantially damaged or destroyed by fire,</strong></em>
<em><strong>lightning rain or other natural causes.</strong></em>
<em><strong>Provided further that, if the tree permitted to be felled is</strong></em>
<em><strong>not exempted from purview of Forest Produce Transit rules,</strong></em>
<em><strong>the Designated Officer shall inform the concerned Divisional</strong></em>
<em><strong>Forest Officer for grant of transit permit and the owner shall</strong></em>
<em><strong>not transport felled material without a valid permit.</strong></em>
<em><strong>(6) The Designate Officer shall dispose the application within</strong></em>
<em><strong>fifteen days from the date of receipt of application by him.</strong></em>
<em><strong>(7) The permission to fell a tree may be granted subject to the</strong></em>
<em><strong>condition that the owner of the premises shall plant another</strong></em>
<em><strong>two trees of the same or suitable species on the same site or</strong></em>
<em><strong>other suitable place, within thirty days from the date the tree</strong></em>
<em><strong>is felled.</strong></em>
<em><strong>(8) (a) If, in the opinion of the Designated Officer, the number</strong></em>
<em><strong>of trees in any premises or open area is not adequate</strong></em>
<em><strong>according to the standards prescribed in sub-rules 9I)</strong></em>
<em><strong>and (ii) above, he may after giving reasonable</strong></em>
<em><strong>opportunity of being heard to the owner or occupier of</strong></em>
<em><strong>the land, by order, require him to plant such trees or11</strong></em>
<em><strong>additional tress and at such places in the land as may be</strong></em>
<em><strong>specified.</strong></em>
<em><strong>(b) When an order is so made, the owner or occupier of the</strong></em>
<em><strong>land shall comply with order within ninety days from the</strong></em>
<em><strong>date of its receipt.</strong></em>
<em><strong>(9) (a) Where any tree has fallen or destroyed by fire,</strong></em>
<em><strong>lightening or rain or other natural causes, the Designated</strong></em>
<em><strong>Officer may suo moto or on information given to him,</strong></em>
<em><strong>after holding such enquiry as he deems fit and giving a</strong></em>
<em><strong>reasonable opportunity to the owner or occupier of the</strong></em>
<em><strong>land where the tree existed, by order, require such owner</strong></em>
<em><strong>or occupier to plant a tree in place of the tree so felled or</strong></em>
<em><strong>destroyed at the same or other suitable place as may be</strong></em>
<em><strong>specified in the order.</strong></em>
<em><strong>(b) When an order is so made, the owner or occupier of the</strong></em>
<em><strong>land shall comply with the order within ninety days from</strong></em>
<em><strong>the date of its receipt.</strong></em>
<em><strong>(10) When the owner or occupier of any land fails to comply with</strong></em>
<em><strong>any order made by the Designated Officer, the Designated</strong></em>
<em><strong>Officer shall take necessary action for planting the trees and</strong></em>
<em><strong>recover the expenditure incurred thereon as arrears of</strong></em>
<em><strong>property tax.</strong></em>
<em><strong>(11) 30% of the available open area in the premises of institutions</strong></em>
<em><strong>shall be taken up for tree plantation with a density of not less</strong></em>
<em><strong>than 6 trees per every 100 Sqaure meters in open area.</strong></em>
<em><strong>25. (1) Any violation of the provisions of the Act and these rules</strong></em>
<em><strong>shall be booked in the offence report given in Form 4</strong></em>
<em><strong>appended to these rules. A copy of the offence report shall</strong></em>
<em><strong>also be submitted to the District Authority immediately. In</strong></em>
<em><strong>case the offender is to be prosecuted, a copy of the offence</strong></em>
<em><strong>report shall also be submitted to the nearest Magistrate</strong></em>
<em><strong>having jurisdiction.</strong></em>
<em><strong>(2) Where an offence is committed, the Designated Officer may</strong></em>
<em><strong>seize any instrument or machinery or any other device,</strong></em>
<em><strong>vehicles or other conveyance or any other movable property</strong></em>
<em><strong>used in or involved in committing such offence. A list of</strong></em>
<em><strong>seizures shall be furnished to the custodian of the property</strong></em>
<em><strong>seized in Form 5 appended to these rules.</strong></em>
<em><strong>(3) Where the seizures have to be given to the safe custody of</strong></em>
<em><strong>any person it shall be given to the custody of that in the</strong></em>
<em><strong>Form 6 appended to these rules with a direction to produce</strong></em>
<em><strong>the property before the Designated Officer or the Court as</strong></em>
<em><strong>and when required.</strong></em>
<em><strong>26. (1) The Designated Officer may compound the offences in Form</strong></em>
<em><strong>7 appended to these rules and furnish a copy of the</strong></em>
<em><strong>compounding order to the offender and submit another copy</strong></em>
<em><strong>to the District Authority. The quantum or compounding fee</strong></em>
<em><strong>shall be as follows.</strong></em>
<em><strong>(i) For contravention of any of the provisions or any order</strong></em>
<em><strong>or obstructing any person in discharging of his duties</strong></em>
<em><strong>Dealing with the cases of</strong></em>
<em><strong>offence</strong></em>
<em><strong>Compounding of</strong></em>
<em><strong>offences12</strong></em>
<em><strong>under the Act and these rules, the compounding fee shall</strong></em>
<em><strong>not be less than one thousand rupees but which may</strong></em>
<em><strong>extend to five thousand rupees.</strong></em>
<em><strong>(ii) For felling a tree without prior permission, the</strong></em>
<em><strong>compounding fee shall not be less than two times of</strong></em>
<em><strong>value of the tree felled but which may extend to five</strong></em>
<em><strong>times of the value of the tree felled.</strong></em>
<em><strong>(iii)In case of a second or subsequent offence by the same</strong></em>
<em><strong>person or institution, the offender shall be liable to pay</strong></em>
<em><strong>twice the amount of compounding fee prescribed above.</strong></em>
<em><strong>(2) When the compounding fee is levied and paid by the</strong></em>
<em><strong>offender, a receipt in Form 8 appended to these rules shall be</strong></em>
<em><strong>issued to the person paying the compounding fee.</strong></em>
<em><strong>27. (1) Any person aggrieved by any order made by the Designated</strong></em>
<em><strong>Officer may appeal to the District Authority within a period</strong></em>
<em><strong>of thirty days from the date of receipt of the order by him.</strong></em>
<em><strong>(2) Any person aggrieved by any order made by the District</strong></em>
<em><strong>Authority may appeal to the State Authority within thirty</strong></em>
<em><strong>days from the date of receipt of the order by him.</strong></em>
<em><strong>(3) On receipt of the Appeal, the District Authority or the State</strong></em>
<em><strong>Authority shall after giving a reasonable opportunity of</strong></em>
<em><strong>being heard, may pass such order as it may deems fit.</strong></em>
<em><strong>(4) The decision of the State Authority shall be final and</strong></em>
<em><strong>binding.</strong></em>
<em><strong>28. An application for review by the Government shall be made to the</strong></em>
<em><strong>concerned Secretary as the case may be, of the concerned</strong></em>
<em><strong>department who shall dispose off the application with in a period</strong></em>
<em><strong>of thirty (30) days after giving a reasonable opportunity of being</strong></em>
<em><strong>heard to the aggrieved party.</strong></em>
<em><strong>29. (1) Constitution of the Fund: All monies received by the Mandal</strong></em>
<em><strong>District or State Authority shall be credited to the respective</strong></em>
<em><strong>Authority. The remittances to the Mandal, District or State</strong></em>
<em><strong>Authority shall be made by way of ash or demand draft in a</strong></em>
<em><strong>Government account to be operated jointly by Member</strong></em>
<em><strong>Secretary and the Chairman or the Authority.</strong></em>
<em><strong>(2) Control of the Fund: The Member Secretary of the District</strong></em>
<em><strong>or State Authority shall operate the Fund after obtaining</strong></em>
<em><strong>approval of the Chairman.</strong></em>
<em><strong>(3) Accounts and Audit:</strong></em>
<em><strong>(a) The District and State Authority shall maintain monthly</strong></em>
<em><strong>accounts of receipts and expenditure</strong></em>
<em><strong>(b) The Mandal and District Authority shall furnish an</strong></em>
<em><strong>abstract of monthly receipts and expenditure to the State</strong></em>
<em><strong>Authority in Form 9.</strong></em>
<em><strong>(c) The State Authority shall furnish to the Government a</strong></em>
<em><strong>consolidated statement of receipts and expenditure once</strong></em>
<em><strong>for every year in Form 9.</strong></em>
<em><strong>(4) Budget estimates:</strong></em>
<em><strong>(a) The District Authority shall on or before the 30</strong></em>
<em><strong>th</strong></em>
<em><strong>day of</strong></em>
<em><strong>September every year prepare annual budget estimate in</strong></em>
<em><strong>Appeals</strong></em>
<em><strong>Review</strong></em>
<em><strong>Andhra Pradesh Water,</strong></em>
<em><strong>Land and Trees</strong></em>
<em><strong>Authority Fund.13</strong></em>
<em><strong>respect of the ensuing financial year of the estimated</strong></em>
<em><strong>income and expenditure and submit to the State</strong></em>
<em><strong>Authority, in the format as prescribed in budget manual.</strong></em>
<em><strong>(b) The State Authority shall on or before 31</strong></em>
<em><strong>st</strong></em>
<em><strong>day of</strong></em>
<em><strong>October every year prepare annual budget estimate in</strong></em>
<em><strong>respect of the ensuing financial year of the estimated</strong></em>
<em><strong>income and expenditure and submit to the Government</strong></em>
<em><strong>for incorporating in the State budget in the format as</strong></em>
<em><strong>prescribed in budget manual.</strong></em>
<em><strong>30. The Annual Report of the Authority shall give true and full</strong></em>
<em><strong>account of the activities in that year and shall be prepared in the</strong></em>
<em><strong>format prescribed by the Government and submitted by the due</strong></em>
<em><strong>date.14</strong></em>
<em><strong>FORM – 1</strong></em>
<em><strong>(see rule – 11)</strong></em>
<em><strong>Register of wells</strong></em>
<em><strong>Sl.No.</strong></em>
<em><strong>Name of the</strong></em>
<em><strong>Well owner</strong></em>
<em><strong>Address</strong></em>
<em><strong>Location</strong></em>
<em><strong>House / Plot</strong></em>
<em><strong>numbers.</strong></em>
<em><strong>S.No.</strong></em>
<em><strong>Type of well:</strong></em>
<em><strong>Open/Bore</strong></em>
<em><strong>Well / Hand</strong></em>
<em><strong>Pump / Motor</strong></em>
<em><strong>Diameter,</strong></em>
<em><strong>Depth</strong></em>
<em><strong>(1) (2) (3) (4) (5)</strong></em>
<em><strong>Use of Water</strong></em>
<em><strong>Domestic/Irri</strong></em>
<em><strong>gation/Indust</strong></em>
<em><strong>rial /Other</strong></em>
<em><strong>Depth of the</strong></em>
<em><strong>Well</strong></em>
<em><strong>Water output</strong></em>
<em><strong>in liters /</strong></em>
<em><strong>hours</strong></em>
<em><strong>Whether</strong></em>
<em><strong>pumping is</strong></em>
<em><strong>done using</strong></em>
<em><strong>motor. If so,</strong></em>
<em><strong>details: 1. HP</strong></em>
<em><strong>of the pump.</strong></em>
<em><strong>2. Type of</strong></em>
<em><strong>motor use:</strong></em>
<em><strong>submersible /</strong></em>
<em><strong>jet /</strong></em>
<em><strong>compressor /</strong></em>
<em><strong>centrifugal /</strong></em>
<em><strong>turbine.</strong></em>
<em><strong>If used for</strong></em>
<em><strong>irrigation state</strong></em>
<em><strong>acreage</strong></em>
<em><strong>irrigated:</strong></em>
<em><strong>(6) (7) (8) (9) (10)15</strong></em>
<em><strong>FORM-2</strong></em>
<em><strong>(see rule 12)</strong></em>
<em><strong>Application for digging a new well</strong></em>
<em><strong>1. Name of Applicant:</strong></em>
<em><strong>2. Address</strong></em>
<em><strong>House No:</strong></em>
<em><strong>Street:</strong></em>
<em><strong>Village / Town:</strong></em>
<em><strong>Mandal:</strong></em>
<em><strong>District:</strong></em>
<em><strong>3. Location of proposed well : House / Plot number / S.No. / Public</strong></em>
<em><strong>place</strong></em>
<em><strong>4. Type well to be dug: Open / Bore Well / Hand Pump</strong></em>
<em><strong>5. Depth / diameter of the well proposed to be dug:</strong></em>
<em><strong>6. Purpose of digging well : for Irrigation / Individual use / Domestic</strong></em>
<em><strong>use / flats / Commercial / colony / industrial / others(specify)</strong></em>
<em><strong>7. Mode of drawing water: By hand / Hand pump / Diesel Engine / Electric</strong></em>
<em><strong>Motor</strong></em>
<em><strong>8. Users of the well: Public / Private</strong></em>
<em><strong>9. Enclose feasibility certificate issued by the Andhra Pradesh Transco</strong></em>
<em><strong>10.Details of payment of Application fee of Rs. – (a) Bank (b) Demand draft</strong></em>
<em><strong>No. &#38; Date:</strong></em>
<em><strong>11.Distance from existing wells(site plant to be enclosed)</strong></em>
<em><strong>I here by declare that the above particulars are true to the best of</strong></em>
<em><strong>my knowledge and belief.</strong></em>
<em><strong>Date: Signature</strong></em>
<em><strong>Place:</strong></em>
<em><strong>(for office use only)</strong></em>
<em><strong>Assessment of Technical Officer:</strong></em>
<em><strong>1. Whether the zone is in over exploited area Yes/No.</strong></em>
<em><strong>2. Average depth of ground water table</strong></em>
<em><strong>3. Distance from nearest well</strong></em>
<em><strong>4. Whether new well cab be dug for the purpose applied for: Yes/No</strong></em>
<em><strong>(enclosed Feasibility Certificate from Ground Water Department on GEC 97</strong></em>
<em><strong>norms for the basin area containing the site)</strong></em>
<em><strong>Signature of Technical Officer</strong></em>
<em><strong>Order of the Designated Officer:</strong></em>
<em><strong>Approved / Not approved</strong></em>
<em><strong>Reasons for not approval</strong></em>
<em><strong>Signature of Designated Officer</strong></em>
<em><strong>Water, Land and Tress Authority</strong></em>
<em><strong>(With Seal)16</strong></em>
<em><strong>FORM-3</strong></em>
<em><strong>(see rule 12 and rule 14)</strong></em>
<em><strong>Permission for digging a well</strong></em>
<em><strong>Sri…………………………….of …………………(Address) is</strong></em>
<em><strong>permitted to dig a new well at ……….(location) to a depth of</strong></em>
<em><strong>………meters for drawing water for Irrigation / Industrial / Domestic</strong></em>
<em><strong>use, subject to the following conditions:-</strong></em>
<em><strong>(1) The well should not be used for drawing water for any other</strong></em>
<em><strong>purpose other than applied for.</strong></em>
<em><strong>(2) The withdrawal of water should be regulated, and no wastage of</strong></em>
<em><strong>water should be done.</strong></em>
<em><strong>(3) The utilized water should be recycled as prescribed for</strong></em>
<em><strong>recharging the ground water.</strong></em>
<em><strong>(4) Structures should be constructed for harvesting rainwater in the</strong></em>
<em><strong>vicinity of the well. (mandatory in case the proposed well falls in</strong></em>
<em><strong>area declared as Over Exploited Area).</strong></em>
<em><strong>(5) The utilization of water will be subject to the regulation from time</strong></em>
<em><strong>to time based on the extraction water from the well.</strong></em>
<em><strong>Place:</strong></em>
<em><strong>Date:</strong></em>
<em><strong>Designated Officer,</strong></em>
<em><strong>Water, Land and Tree Authority</strong></em>
<em><strong>(with seal)17</strong></em>
<em><strong>FORM – 4</strong></em>
<em><strong>(see sub rule(1) of rule of 25)</strong></em>
<em><strong>Offence Report</strong></em>
<em><strong>1. Name, parentage and address of the accused person :</strong></em>
<em><strong>2. Nature of offence :</strong></em>
<em><strong>3. Place where offence occurred :</strong></em>
<em><strong>4. Date and time of detection of offence :</strong></em>
<em><strong>5. Name and address of the Complaint :</strong></em>
<em><strong>6. Description of vehicles, tools etc. use in committing the :</strong></em>
<em><strong>offence</strong></em>
<em><strong>7. Name and address of witnesses :</strong></em>
<em><strong>8. Punishable under Section ____ of Andhra Pradsh Water :</strong></em>
<em><strong>, Land and Trees Act.</strong></em>
<em><strong>Date:</strong></em>
<em><strong>Place:</strong></em>
<em><strong>Signature of Designated Officer</strong></em>
<em><strong>Note: The original to be sent to the District Authority immediately and</strong></em>
<em><strong>the duplicate copy to be given to offender and the triplicate to be</strong></em>
<em><strong>retained in the book.</strong></em>
<em><strong>FORM-5</strong></em>
<em><strong>(see rule(2) of rule 25)</strong></em>
<em><strong>List of Seizures</strong></em>
<em><strong>The following properties involved in the commission of offence</strong></em>
<em><strong>are seized me today i.e…………………in connection with an offence</strong></em>
<em><strong>under section _____under the Andhra Pradesh Water, Land and Trees</strong></em>
<em><strong>Act, 2002 from Sri…………………s/o……..Aged………R/o………….</strong></em>
<em><strong>1.</strong></em>
<em><strong>2.</strong></em>
<em><strong>3.</strong></em>
<em><strong>4.</strong></em>
<em><strong>Date: Name:</strong></em>
<em><strong>Place: Signature of Designated</strong></em>
<em><strong>Officer:</strong></em>
<em><strong>Note: The original shall be retained in the book and the duplicate shall</strong></em>
<em><strong>be given to the custodian of the property seized.18</strong></em>
<em><strong>FORM – 6</strong></em>
<em><strong>(see sub rule(3) of rule 25)</strong></em>
<em><strong>Certificate of Safe Custody</strong></em>
<em><strong>The following properties involved in offence case</strong></em>
<em><strong>no………dated………. Are given I my custody by ………. (name &#38;</strong></em>
<em><strong>designation) on ………….for safe custody.</strong></em>
<em><strong>I undertake to safeguard from damage and loss and produce the</strong></em>
<em><strong>same on demand by the Designated Officer or the Court.</strong></em>
<em><strong>Details of the properties taken over.</strong></em>
<em><strong>1.</strong></em>
<em><strong>2.</strong></em>
<em><strong>3.</strong></em>
<em><strong>4. etc.</strong></em>
<em><strong>Signature of the Signature of Custodian</strong></em>
<em><strong>Designating Officer Name:</strong></em>
<em><strong>Date: Father’s name:</strong></em>
<em><strong>Address19</strong></em>
<em><strong>FORM – 7</strong></em>
<em><strong>(see rule 26)</strong></em>
<em><strong>(compounding Order)</strong></em>
<em><strong>Sri………………S/o………………….Aged………..R/o ……………</strong></em>
<em><strong>has committed an offence against the provisions of the Andhra Pradesh</strong></em>
<em><strong>Water, Land and Trees, 2002 and rules made thereunder. An offence</strong></em>
<em><strong>case is booked vide case No. ……………dated……………..under</strong></em>
<em><strong>section …….. of the Andhra Pradesh Water, Land and Trees Act, 2002.</strong></em>
<em><strong>In view of the willingness expressed by the accused, I hereby</strong></em>
<em><strong>order that a sum of Rs………./- be paid towards compensation.</strong></em>
<em><strong>On payment of the compensation amount in full, the seizures</strong></em>
<em><strong>detailed hereunder shall be released.</strong></em>
<em><strong>Details of seizures</strong></em>
<em><strong>1.</strong></em>
<em><strong>2.</strong></em>
<em><strong>3.</strong></em>
<em><strong>4. etc.</strong></em>
<em><strong>If the compensation amount is not paid in full within thirty days</strong></em>
<em><strong>from the date of receipt of this Order, action to recover the same will be</strong></em>
<em><strong>taken as if it were arrears of land revenue.</strong></em>
<em><strong>Appeal against these Orders, lies to the District Authority</strong></em>
<em><strong>within thirty days of receipt of these orders.</strong></em>
<em><strong>Date: Designated Officer</strong></em>
<em><strong>Place: ( Name and Designation )</strong></em>
<em><strong>To</strong></em>
<em><strong>Sri………………….</strong></em>
<em><strong>H.No……………….</strong></em>
<em><strong>Street………………</strong></em>
<em><strong>Village / Town…….</strong></em>
<em><strong>District……………..</strong></em>
<em><strong>Pin Code…………..</strong></em>
<em><strong>Copy submitted to District Authority for information.20</strong></em>
<em><strong>Form – 8</strong></em>
<em><strong>(see rule(2) rule 26)</strong></em>
<em><strong>Receipt for compounding fee</strong></em>
<em><strong>Received Rs. ………./- (in words……………..) from Sri……………S/o</strong></em>
<em><strong>………………………. R/o ……………….towards compounding fee for</strong></em>
<em><strong>composition of offence in case No. ………….dated………….</strong></em>
<em><strong>The compounding fee is received in full / part.</strong></em>
<em><strong>The balance compounding fee shall be paid in thirty days failing which</strong></em>
<em><strong>action shall be initiated to recover the same as arrears of land revenue.</strong></em>
<em><strong>Date: Designate</strong></em>
<em><strong>Authority</strong></em>
<em><strong>Place: (Name and</strong></em>
<em><strong>Designation)</strong></em>
<em><strong>Form-9</strong></em>
<em><strong>(see rule 29)</strong></em>
<em><strong>Abstract of accounts</strong></em>
<em><strong>District:…………………….. for the month / year of</strong></em>
<em><strong>…………</strong></em>
<em><strong>Sl. Name of receipt Amount received Nature of</strong></em>
<em><strong>No. expenditure</strong></em>
<em><strong>(1) (2) (3) (4)</strong></em>
<em><strong>1. Compounding fee</strong></em>
<em><strong>2. Registration of new wells</strong></em>
<em><strong>3. Sand mines fee</strong></em>
<em><strong>4. Grant by Government</strong></em>
<em><strong>Amount of Balance</strong></em>
<em><strong>expenditure</strong></em>
<em><strong>(5) (6)21</strong></em>
<em><strong>FORM – 10</strong></em>
<em><strong>(see rule – 12)</strong></em>
<em><strong>Application for permission from the Andhra Pradesh Transco</strong></em>
<em><strong>To</strong></em>
<em><strong>The A.P. Transmission Corporation.</strong></em>
<em><strong>Sir,</strong></em>
<em><strong>I intend to sink a well with a power driven pump in my land with</strong></em>
<em><strong>the following description and I request you to kindly permit me.</strong></em>
<em><strong>1. Name of the owner</strong></em>
<em><strong>2. Details of the land</strong></em>
<em><strong>3. Technical details of well</strong></em>
<em><strong>4. Specifications of Pump</strong></em>
<em><strong>Place:</strong></em>
<em><strong>Date: Signature of Owner</strong></em>
<em><strong>PERMITTED / NOT PERMITTED</strong></em>
<em><strong>AP TRANSMISSION CORPORATION LTD.22</strong></em>
<em><strong>FORM – 11(a)</strong></em>
<em><strong>(see sub rule(4) of rule 24)</strong></em>
<em><strong>(Application should be accompanied with a payment of Rs. 500/-)</strong></em>
<em><strong>I, Sri……………….S/o ………… Aged………… R/o …………….</strong></em>
<em><strong>(Address) request you to please permit me to fell the following tree /</strong></em>
<em><strong>trees in my premises.</strong></em>
<em><strong>1. Category of Premises:</strong></em>
<em><strong>a) Residential</strong></em>
<em><strong>b) Institutional</strong></em>
<em><strong>c) Commercial</strong></em>
<em><strong>d) Agriculture</strong></em>
<em><strong>e) Industrial</strong></em>
<em><strong>f) Others – specify</strong></em>
<em><strong>2. Area of the premises:</strong></em>
<em><strong>3. Number of trees existing in the premises:</strong></em>
<em><strong>4. No. of trees proposed to be felled:</strong></em>
<em><strong>5. Species of the trees proposed to be felled:</strong></em>
<em><strong>6. Age of the tree proposed to be felled:</strong></em>
<em><strong>7. Reason for proposing to fell the tree / trees:</strong></em>
<em><strong>I undertake that I shall replant immediately a tree / trees in</strong></em>
<em><strong>place of the trees felled.</strong></em>
<em><strong>Place: Designated Officer,</strong></em>
<em><strong>Water, Land and Tree Authority</strong></em>
<em><strong>(with seal)23</strong></em>
<em><strong>Form 11(b)</strong></em>
<em><strong>(see rule(5) of rule 240</strong></em>
<em><strong>Permission for felling tree / trees</strong></em>
<em><strong>Sri…………S/o……………..Aged……….. R/o ……………… is permitted</strong></em>
<em><strong>to cut tree / trees in the premises ………. Subject to the following</strong></em>
<em><strong>conditions namely:-</strong></em>
<em><strong>1. Premises of felling tree / trees is as mentioned above only.</strong></em>
<em><strong>2. Number of tree / trees permitted to be felled is ……. Only (</strong></em>
<em><strong>Specify species and Number )</strong></em>
<em><strong>3. ………No. of plants shall be planted within 30 days of the</strong></em>
<em><strong>felling.</strong></em>
<em><strong>4. Felling shall not be carried out before inspection, banding with</strong></em>
<em><strong>red paint by the concerned officials.</strong></em>
<em><strong>5. In case of failure to take up plantation, plants shall be raised</strong></em>
<em><strong>at the cost of the applicant.</strong></em>
<em><strong>Place: Designated Officer,</strong></em>
<em><strong>Date: Water, Land and Tree Authority,</strong></em>
<em><strong>(with seal)24</strong></em>
<em><strong>FORM –12</strong></em>
<em><strong>(see rule – 17)</strong></em>
<em><strong>Application for Registration of Drilling Rigs</strong></em>
<em><strong>1. Name of the applicant :</strong></em>
<em><strong>2. Address:</strong></em>
<em><strong>House No :</strong></em>
<em><strong>Street :</strong></em>
<em><strong>Village / Town :</strong></em>
<em><strong>Mandal :</strong></em>
<em><strong>District :</strong></em>
<em><strong>3. Registration No. of the Vehicle :</strong></em>
<em><strong>4. Description of the drilling rig :</strong></em>
<em><strong>5. Capacity of Drilling : Max Diameter</strong></em>
<em><strong>6. Area of operation :</strong></em>
<em><strong>7. Registration fee of Rs. ….enclosed :</strong></em>
<em><strong>Draft No. Date:</strong></em>
<em><strong>Bank</strong></em>
<em><strong>Signature</strong></em>
<em><strong>(For office use only)</strong></em>
<em><strong>Registered for the years:</strong></em>
<em><strong>Registration No.: Designated Officer,</strong></em>
<em><strong>(with seal)25</strong></em>
<em><strong>FORM – 13</strong></em>
<em><strong>(see rule 17)</strong></em>
<em><strong>Registration of Rigs</strong></em>
<em><strong>The vehicle bearing number……………belonging to</strong></em>
<em><strong>Sri…………… of ………………….(Address) is registered with the Water,</strong></em>
<em><strong>Land and Trees Authority of Andhra Pradesh as a rig for operation with</strong></em>
<em><strong>in the territorial area of Andhra Pradesh.</strong></em>
<em><strong>This registration is valid up to …………………….</strong></em>
<em><strong>This registration does not convey any endorsement of the vehicle</strong></em>
<em><strong>for its performance and does not amount to recommendation for</strong></em>
<em><strong>employing the rig by only conveys that the rig is permitted to operate</strong></em>
<em><strong>with in the territorial jurisdiction of Andhra Pradesh state subject to all</strong></em>
<em><strong>other conditions as per the law and rules in force.</strong></em>
<em><strong>Designated Officer,</strong></em>
<em><strong>Place: Water, Land and Tree Authority,</strong></em>
<em><strong>Date: (with seal)</strong></em>
<em><strong>S. Ray,</strong></em>
<em><strong>Spl. Chief Secretary to Government.</strong></em></pre>
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<title><![CDATA[THE ANDHRA PRADESH  WATER TAX RULES 1990 ]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-water-tax-rules-1990/</link>
<pubDate>Thu, 27 Oct 2011 09:50:32 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
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<description><![CDATA[THE ANDHRA PRADESH Image via Wikipedia WATER TAX RULES 1990 [G.O.Ms.No. 454, Revenue (D.O.A. &amp; R]]></description>
<content:encoded><![CDATA[<pre><em><strong>THE ANDHRA PRADESH</strong></em></pre>
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<pre><em><strong></strong></em>
<em><strong>WATER TAX RULES 1990 </strong></em>
<em><strong>[G.O.Ms.No. 454, Revenue (D.O.A. &#38; R.) 23</strong></em>
<em><strong>rd</strong></em>
<em><strong> May, 1990] </strong></em>
<em><strong> In exercise of the powers conferred by sub-section (1) of <a class="zem_slink" title="Taxonomic rank" href="http://en.wikipedia.org/wiki/Taxonomic_rank" rel="wikipedia">Section</a> 13 of the </strong></em>
<em><strong><a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Water Tax Act, 1988 (Act No.11 of 1988), the Governor of Andhra </strong></em>
<em><strong>Pradesh hereby makes the following rules, namely; </strong></em>
<em><strong>RULES </strong></em>
<em><strong> 1. Short title, extent and commencement :- (a) These Rules may be called </strong></em>
<em><strong>the Andhra Pradesh Water Tax Rules, 1990. </strong></em>
<em><strong> (b) They shall extent to the whole of the State of Andhra Pradesh </strong></em>
<em><strong> (c) They shall be deemed to have come into force on the 1</strong></em>
<em><strong>st</strong></em>
<em><strong> July, 1986. </strong></em>
<em><strong>2. Definitions : - In these rules, unless the context otherwise requires: </strong></em>
<em><strong>(a) ‘Act’ means the Andhra Pradesh Water Tax Act, 1988 (Act 11 of 1988); </strong></em>
<em><strong>(b) ‘Form’ means Form appended to these Rules; </strong></em>
<em><strong>(c) ‘Section’ means a Section of the Act. </strong></em>
<em><strong>3. (i) The notification referred to in Section 4 of the Act which has to be </strong></em>
<em><strong> published by the <a class="zem_slink" title="District collector" href="http://maps.google.com/maps?ll=22.03185,74.90825&#38;spn=1.0,1.0&#38;q=22.03185,74.90825 (District%20collector)&#38;t=h" rel="geolocation">District Collector</a> shall be in Form 1. </strong></em>
<em><strong>(ii) The notification referred to in Sec. 4 of the Act which has to be published </strong></em>
<em><strong>by the commissioner of Land Revenue shall be in Form 2. </strong></em>
<em><strong>(iii) The notifications referred to in sub-rules (i) and (ii), shall be published on </strong></em>
<em><strong>or before 1</strong></em>
<em><strong>st</strong></em>
<em><strong> July, of every five years or as and when considered </strong></em>
<em><strong>necessary by the <a class="zem_slink" title="Commissioner" href="http://en.wikipedia.org/wiki/Commissioner" rel="wikipedia">Commissioner</a> of Land Revenue /<a class="zem_slink" title="Cosmic distance ladder" href="http://en.wikipedia.org/wiki/Cosmic_distance_ladder" rel="wikipedia">Dist.</a> Collector as the </strong></em>
<em><strong>case may be in the Andhra Pradesh Gazette District Gazette of the </strong></em>
<em><strong>District in which the village is situated and also in the following manner, </strong></em>
<em><strong>namely; </strong></em>
<em><strong>(a) by affixture in the village Chavadi or if there is no village; </strong></em>
<em><strong>Chavadi in any other conspicuous place of the village; </strong></em>
<em><strong>(b) by affixture on the Notice Board of the office of the Mandal </strong></em>
<em><strong>Revenue Officer; </strong></em>
<em><strong>(c) by affixture on the Notice Board of the office of the Revenue </strong></em>
<em><strong>Divisional Officer; </strong></em>
<em><strong>(d) by affixture on the Notice Board of the office of the District </strong></em>
<em><strong>Collector; </strong></em>
<em><strong>(iv) Whenever a new source has commenced its supply of water or any </strong></em>
<em><strong>further ayacut has been included under the sources which falls under </strong></em>
<em><strong><a class="zem_slink" title="Categories of New Testament manuscripts" href="http://en.wikipedia.org/wiki/Categories_of_New_Testament_manuscripts" rel="wikipedia">Category-I</a> and II, notifications shall be published in the District Gazette </strong></em>
<em><strong>of the District / Andhra Pradesh Gazette in continuation of the earlier </strong></em>
<em><strong>notification/notifications. </strong></em>
<em><strong>4. (i) The list referred to in sub-section (2) of Section 5, shall be in <a class="zem_slink" title="Form 3" href="http://en.wikipedia.org/wiki/Form_3" rel="wikipedia">Form 3</a> </strong></em>
<em><strong>and it shall be published before </strong></em>
<em><strong>1 </strong></em>
<em><strong>[ 1</strong></em>
<em><strong>st</strong></em>
<em><strong> July of every year] or when any </strong></em>
<em><strong>changes that might have occurred, need to be notified as and when any </strong></em>
<em><strong>changes that might have occurred, in the following manner, namely:- (a) By affixture in the Village Chavadi or if there is no Village Chavadi at a </strong></em>
<em><strong>conspicuous place in the Village. </strong></em>
<em><strong>(b) By affixture in the Notice Board of <a class="zem_slink" title="Gram panchayat" href="http://en.wikipedia.org/wiki/Gram_panchayat" rel="wikipedia">Gram Panchayat</a> Office; </strong></em>
<em><strong>(c) By affixture on the Notice Board of the Office of the Mandal Revenue </strong></em>
<em><strong>Officer having jurisdiction over the Village. </strong></em>
<em><strong>(d) [the factum of preparation and display of lists shall be notified in the </strong></em>
<em><strong>respective villages by beat of tom – tom and intimation to the effect that </strong></em>
<em><strong>it was so published shall be sent by the Mandal Revenue Officer to the </strong></em>
<em><strong>Revenue Divisional Officer and the District Collector concerned by </strong></em>
<em><strong><a class="zem_slink" title="Registered mail" href="http://en.wikipedia.org/wiki/Registered_mail" rel="wikipedia">Registered post</a> Acknowledgement Due: </strong></em>
<em><strong>(e) By <a class="zem_slink" title="Publishing" href="http://en.wikipedia.org/wiki/Publishing" rel="wikipedia">publishing</a> D.C.B. particulars of water tax and the details of amounts </strong></em>
<em><strong>due from individual ryots (baki Jabitha) including the arrears shall be </strong></em>
<em><strong>furnished to the Water Users Associations concerned by the Mandal </strong></em>
<em><strong>Revenue Officers.) </strong></em>
<em><strong>(ii) The application filed under sub-section (4) of Section 5 by the person </strong></em>
<em><strong>interested in or objecting to the Water Tax specified in the list shall not be </strong></em>
<em><strong>liable to payment of fee under the Andhra Pradesh Court Fees and Suits </strong></em>
<em><strong>Valuation Act, 1956. </strong></em>
<em><strong>(iii) On receipt of application under sub-rule (ii), the Mandal Revenue Officer shall </strong></em>
<em><strong>give a notice to the applicant and shall hold summary enquiry and dispose of the </strong></em>
<em><strong>application on the same day of enquiry and serve a copy of his order to the </strong></em>
<em><strong>applicant or his agent. </strong></em>
<em><strong>5. (i) Every appeal to the Revenue Divisional Officer under sub-sections (1) and </strong></em>
<em><strong>(2) of Section 6 shall be in writing and set forth the grounds thereof and </strong></em>
<em><strong>shall be accompanied by a copy of the order appealed against. </strong></em>
<em><strong> (ii) The appeal petition filed under sub-sections (1) and (2) of Sec. 6 of the </strong></em>
<em><strong>Act shall not be liable to payment of fee under the Andhra Pradesh Court </strong></em>
<em><strong>Fees and Suits Valuation Act, 1956. </strong></em>
<em><strong> (iii) Where the Revenue Divisional Officers considers, while hearing an </strong></em>
<em><strong>appeal, that any further enquiry is necessary, he may make the enquiry </strong></em>
<em><strong>on such date and in such manner as may be specified by him. </strong></em>
<em><strong>6. The Service of communication of any decision or order passed under the Act </strong></em>
<em><strong>or under these rules shall be effected by delivering it or tendering it to the person </strong></em>
<em><strong>concerned or in his absence to his agent or to any adult member of his family, or </strong></em>
<em><strong>where it is not practicable to so deliver or tender by sending it to him to the last </strong></em>
<em><strong>known place of residence of that person under recorded delivery. </strong></em>
<em><strong> Provided that where an order is sent as aforesaid, it shall be deemed to have </strong></em>
<em><strong>been served on such a person on the date on which the order so sent in the usual </strong></em>
<em><strong>course of post be received by the addressees. </strong></em>
<em><strong> Explanation :- In making an enquiry under these rules, the Mandal Revenue </strong></em>
<em><strong>Officer and Revenue Divisional Officer shall have the powers vested in them in </strong></em>
<em><strong>holding an enquiry under Andhra Pradesh Revenue Summonses Act, 1969. </strong></em>
<em><strong>……………………………………………………………………………………………… </strong></em>
<em><strong>1 </strong></em>
<em><strong> [Subs by G.O.Ms.No 175, Revenue (Land Revenue) dt. 20</strong></em>
<em><strong>th</strong></em>
<em><strong> March, 1998] 7. Mode of payment of Water Tax :- (i) The Water Tax levied under subsection (1) of Section 5 of the Water Tax revised by the Mandal Revenue Officer on </strong></em>
<em><strong>an objection petition filed under sub-section (4) of Section 5 of the Act by a person </strong></em>
<em><strong>interested or the Water Tax revised by the Revenue Divisional Officer on an appeal </strong></em>
<em><strong>filed under Section 6 by the person interested against the orders of the Mandal </strong></em>
<em><strong>Revenue Office shall, notwithstanding anything contained in the Andhra Pradesh </strong></em>
<em><strong>Revenue Office shall, notwithstanding anything contained in the Andhra Pradesh </strong></em>
<em><strong>Revenue Recovery Act, 1864 (Act II of 1864), be collected from the owner as defined </strong></em>
<em><strong>in clause (8) of Section 2 by the Village Assistant, for the Fasli year for which it is </strong></em>
<em><strong>due, in the same Fasli year under the general supervision of Mandal Revenue Officer </strong></em>
<em><strong>and other officers of Revenue Department. </strong></em>
<em><strong> (ii) The amount of Water Tax payable under the Act, by the owner shall be </strong></em>
<em><strong>the first charge upon his interest in the land. </strong></em>
<em><strong> (iii) Any tax remaining uncollected after 30</strong></em>
<em><strong>th</strong></em>
<em><strong> June of every year shall be </strong></em>
<em><strong>regarded as an arrear and public revenue due under Sec. 8 of the Act and the </strong></em>
<em><strong>provisions of the Andhra Pradesh Revenue Recovery Act, 1864 shall apply for </strong></em>
<em><strong>recovery of such arrears. </strong></em>
<em><strong>FORM – 1 </strong></em>
<em><strong>[( See Rule 3(i)] </strong></em>
<em><strong>(List of Government sources of Irrigation and the lands under the </strong></em>
<em><strong>commandable ayacut therein) </strong></em>
<em><strong>Under Section 4 of the Andhra Pradesh Water Tax Act, 1988, the Collector </strong></em>
<em><strong>……………………….. District hereby specifies the following Government sources of </strong></em>
<em><strong>irrigation and the lands under the commandable ayacut therein for the purpose of </strong></em>
<em><strong>levying the water tax under Section 3 of the said Act. </strong></em>
<em><strong>Name of the District ……………………………. </strong></em>
<em><strong>Land under the Commandable ayacut of the irrigation</strong></em>
<em><strong>sources in column (2) </strong></em>
<em><strong>Sl.No </strong></em>
<em><strong>Name of </strong></em>
<em><strong>the </strong></em>
<em><strong>source of </strong></em>
<em><strong>irrigation </strong></em>
<em><strong>Mandal Village S.No. </strong></em>
<em><strong>Extent in </strong></em>
<em><strong>acres </strong></em>
<em><strong>Remarks </strong></em>
<em><strong>(1) (2) (3) (4) (5) (6) (7) </strong></em>

<em><strong>Place: Collector : </strong></em>
<em><strong>Date: District : FORM – 2 </strong></em>
<em><strong>[( See Rule 3(ii)] </strong></em>
<em><strong>(List of Government sources of Irrigation and the lands under the </strong></em>
<em><strong>commandable ayacut therein lying in the district of ………………) </strong></em>
<em><strong>Under Section 4 of the Andhra Pradesh Water Tax Act, 1988, the </strong></em>
<em><strong>Commissioner of Land Revenue hereby specifies the Government source of irrigation </strong></em>
<em><strong>and the land under the commandable ayacut therein for the purpose of levying the </strong></em>
<em><strong>water tax under Section 3 of the said Act. </strong></em>
<em><strong>Land under the Commandable ayacut of the irrigation</strong></em>
<em><strong>sources in column (3), with </strong></em>
<em><strong>Sl.No </strong></em>
<em><strong>Name </strong></em>
<em><strong>of the </strong></em>
<em><strong>District</strong></em>
<em><strong>Name of </strong></em>
<em><strong>the </strong></em>
<em><strong>source </strong></em>
<em><strong>of </strong></em>
<em><strong>irrigation </strong></em>
<em><strong>location. </strong></em>
<em><strong>Mandal Village S.No. </strong></em>
<em><strong>Extent </strong></em>
<em><strong>in acres </strong></em>
<em><strong>Remarks </strong></em>
<em><strong>(1) (2) (3) (4) (5) (6) (7) (8) </strong></em>

<em><strong>Place Commissioner of Land Revenue, </strong></em>
<em><strong>Place : Hyderabad </strong></em>
<em><strong>FORM – 3 </strong></em>
<em><strong>[( See Rule 4(i)] </strong></em>
<em><strong>District ……………… Mandal ……………………. Village …………………………</strong></em>
<em><strong>Category </strong></em>
<em><strong>I or II </strong></em>
<em><strong>Name of </strong></em>
<em><strong>the </strong></em>
<em><strong>source </strong></em>
<em><strong>Patta; </strong></em>
<em><strong>Khata, </strong></em>
<em><strong>occupant </strong></em>
<em><strong>No. </strong></em>
<em><strong>Name of </strong></em>
<em><strong>the </strong></em>
<em><strong>Pattadar / </strong></em>
<em><strong>Occupant. </strong></em>
<em><strong>Survey </strong></em>
<em><strong>No. </strong></em>
<em><strong>Extent </strong></em>
<em><strong>Acres </strong></em>
<em><strong>Water Tax </strong></em>
<em><strong>levied. </strong></em>
<em><strong>(1) (2) (3) (4) (5) (6) (7) </strong></em><em><strong> Mandal Revenue Officer</strong></em></pre>
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<title><![CDATA[The Andhra Pradesh Regulation and  Penalization of Unauthorizedly constructed buildings and buildings  constructed in deviation of the Sanctioned Plan Rules 2007]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-regulation-and-penalization-of-unauthorizedly-constructed-buildings-and-buildings-constructed-in-deviation-of-the-sanctioned-plan-rules-2007/</link>
<pubDate>Thu, 27 Oct 2011 09:46:25 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-regulation-and-penalization-of-unauthorizedly-constructed-buildings-and-buildings-constructed-in-deviation-of-the-sanctioned-plan-rules-2007/</guid>
<description><![CDATA[GOVERNMENT OF ANDHRA PRADESH Image via Wikipedia ABSTRACT M.A. &amp; U.D. (M1) Department - The Andh]]></description>
<content:encoded><![CDATA[<pre><em><strong><a class="zem_slink" title="Government of Andhra Pradesh" href="http://en.wikipedia.org/wiki/Government_of_Andhra_Pradesh" rel="wikipedia">GOVERNMENT OF ANDHRA PRADESH</a></strong></em></pre>
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</div>
<pre><em><strong></strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>M.A. &#38; U.D. (M1) Department - The <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Regulation and </strong></em>
<em><strong>Penalization of Unauthorizedly constructed buildings and buildings </strong></em>
<em><strong>constructed in deviation of the Sanctioned Plan Rules 2007- Notification - </strong></em>
<em><strong>orders – Issued. </strong></em>
<em><strong>MUNICIPAL ADMINISTRATION &#38; URBAN DEVELOPMENT (M1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.901 Dated:31.12.2007 </strong></em>
<em><strong> Read the </strong></em>
<em><strong>following: </strong></em>
<em><strong>Ordinance No. 15 of 2007 </strong></em>
<em><strong>* * * </strong></em>
<em><strong>ORDER: </strong></em>
<em><strong> In the Ordinance read above, the Government have amended the </strong></em>
<em><strong>H.M.C. Act 1955, A.P. Municipalities Act, 1965, A.P. <a class="zem_slink" title="Municipal corporation" href="http://en.wikipedia.org/wiki/Municipal_corporation" rel="wikipedia">Municipal Corporation</a> </strong></em>
<em><strong>Act, and A.P. Urban areas (Development) Act 1975, duly authorizing the </strong></em>
<em><strong>Municipal Commissioners / Vice chairmen of all Urban Development </strong></em>
<em><strong>Authority areas (in case of gram panchayats falling under Urban </strong></em>
<em><strong>Development Authorities) to penalize the unauthorized </strong></em>
<em><strong>constructions/deviations as a one time measure. Consequently Government </strong></em>
<em><strong>hereby issue the Andhra Pradesh Regulation and Penalization of </strong></em>
<em><strong>Unauthorizedly constructed buildings and buildings constructed in deviation </strong></em>
<em><strong>of the Sanctioned Plan Rules 2007. </strong></em>

<em><strong>2. Accordingly the following Notification shall be published in the </strong></em>
<em><strong>Extraordinary Gazette of Andhra Pradesh Dated: 31.12.2007 </strong></em>

<em><strong>NOTIFICATION</strong></em>
<em><strong>In exercise of the powers conferred by Section 455AA of the </strong></em>
<em><strong>Hyderabad Municipal Corporations Act, 1955, Section 218(A) of the AP </strong></em>
<em><strong>Municipalities Act, 1965, Section 46 (A) of the AP Urban Areas (Development) </strong></em>
<em><strong>Act, 1975, the Government hereby makes the following Rules, viz., </strong></em>
<em><strong>1. Short Title, Application and Commencement: </strong></em>
<em><strong>(1) These Rules may be called “The Andhra Pradesh Regulation and </strong></em>
<em><strong>Penalization of Unauthorizedly constructed buildings and building </strong></em>
<em><strong>constructed in deviation of the Sanctioned Plan Rules, 2007” </strong></em>
<em><strong> (2) They shall be applicable to existing buildings in the jurisdiction of </strong></em>
<em><strong>all Municipal Corporations, Urban development Authorities and 2</strong></em>
<em><strong>Municipalities in the State of Andhra Pradesh constructed after 1-1-</strong></em>
<em><strong>1985 and before </strong></em>
<em><strong>15-12-2007. </strong></em>
<em><strong>(3) They shall come into force from the date of publication of the </strong></em>
<em><strong>Notification in the Andhra Pradesh Gazette. </strong></em>
<em><strong>2. Definitions: </strong></em>
<em><strong>(1) “Authorized technical personnel” means professionals authorized </strong></em>
<em><strong>by the <a class="zem_slink" title="Competent authority" href="http://en.wikipedia.org/wiki/Competent_authority" rel="wikipedia">Competent Authority</a> to take up scrutiny of the </strong></em>
<em><strong>Application made for regulation and Penalization under these </strong></em>
<em><strong>Rules. </strong></em>
<em><strong>(2) “Competent Authority” means the Municipal Commissioner in case </strong></em>
<em><strong>of areas falling in the Municipal Corporation and Municipal </strong></em>
<em><strong>limits; the <a class="zem_slink" title="Chairman" href="http://en.wikipedia.org/wiki/Chairman" rel="wikipedia">Vice Chairman</a> of the Urban Development Authority in </strong></em>
<em><strong>case of area falling outside Municipal Corporation or </strong></em>
<em><strong>Municipality in the Urban Development Authority area. </strong></em>
<em><strong>(3) “Total <a class="zem_slink" title="Urban area" href="http://en.wikipedia.org/wiki/Urban_area" rel="wikipedia">Built up area</a>” means the entire built up area covered in the </strong></em>
<em><strong>building including common areas and balconies on all floors. </strong></em>
<em><strong>(4) “Unauthorized construction” means any building that has been </strong></em>
<em><strong>constructed in violation of the sanctioned building plan or </strong></em>
<em><strong>without obtaining a building permission from the sanctioning </strong></em>
<em><strong>authority. </strong></em>
<em><strong>3. Compulsory Application for Penalization: </strong></em>
<em><strong>An Application for regulation and penalization of existing unauthorizedly </strong></em>
<em><strong>constructed buildings shall be compulsorily made by the </strong></em>
<em><strong>owner/GPA/Registered Association to the Competent Authority or officer </strong></em>
<em><strong>authorized by him in the prescribed Proforma along with Declaration, Self </strong></em>
<em><strong>Assessment, copy of sanctioned building plan, if any, a clear latest </strong></em>
<em><strong>photograph of the building, copy of document of ownership title, Indemnity </strong></em>
<em><strong>Bond and two sets of drawings showing the sanctioned area and violated area </strong></em>
<em><strong>of the building/Complex and in case of totally unauthorized constructions </strong></em>
<em><strong>the total built up area along with the site plan. It shall be filed within sixty </strong></em>
<em><strong>days from the date of Notification of these Rules along with full penal amount </strong></em>
<em><strong>as given in Rule 5. If any owner/individual does not apply within the </strong></em>
<em><strong>stipulated time, he shall be liable for enforcement action under the law and </strong></em>
<em><strong>his building shall not be taken up for regulation and penalization under these </strong></em>
<em><strong>Rules. </strong></em>
<em><strong>4. Prior clearance from other Authorities/Departments in certain cases: 3</strong></em>
<em><strong>(1) In the following cases, prior clearance shall be ensured by the Competent </strong></em>
<em><strong>Authority before considering the application under these Rules: </strong></em>
<em><strong>(a) In respect of cases of residential buildings 18 m and above in height, </strong></em>
<em><strong><a class="zem_slink" title="Commercial building" href="http://en.wikipedia.org/wiki/Commercial_building" rel="wikipedia">Commercial buildings</a> 15mts. and above in height, and buildings of </strong></em>
<em><strong>public congregation like schools, Cinema theatres, function halls and </strong></em>
<em><strong>other assembly buildings on plot area of 500 sq. mts. and above or of </strong></em>
<em><strong>height above 6mts as stipulated in Section 13 of the Andhra Pradesh </strong></em>
<em><strong>Fire Service Act, 1999 from Fire Service Department. </strong></em>
<em><strong>(b) From <a class="zem_slink" title="Airports Authority of India" href="http://aai.aero" rel="homepage">Airport Authority of India</a> wherever applicable. </strong></em>
<em><strong>(c) In case of buildings of height above 15 mt, necessary certificate from </strong></em>
<em><strong>licensed structural engineer with regard to structural safety </strong></em>
<em><strong>compliance of such buildings needs to be submitted. </strong></em>
<em><strong>(2) Applicants shall submit such application along with the above details </strong></em>
<em><strong>within the stipulated time. However, an additional time period of three </strong></em>
<em><strong>months will be allowed for filing the Clearances as required under Rule </strong></em>
<em><strong>4 (1) (a) and Rule 4(1) (b). </strong></em>
<em><strong>5. Payment of Penal Charges: </strong></em>
<em><strong>(1) The owner/applicant shall pay the Penal Charge as given in Annexure-I </strong></em>
<em><strong>and II along with the Application for Penalization and other details. The </strong></em>
<em><strong>Penal Charges are levied for the total violated built up area on all floors. </strong></em>
<em><strong>The Penal Charges include Building permit fee, Development Charges, </strong></em>
<em><strong>Betterment charges, Impact Fees, etc. No other fees and charges shall be </strong></em>
<em><strong>levied and collected. </strong></em>
<em><strong>(2) The above fees and charges shall be remitted by way of Demand Draft </strong></em>
<em><strong>drawn in favour of the Competent Authority. </strong></em>
<em><strong>(3) The Penal amount paid are not refundable. However, in cases of rejection, </strong></em>
<em><strong>the Competent Authority may refund the amount after retaining 10% of </strong></em>
<em><strong>the Penal amount towards scrutiny and processing charges. In case of </strong></em>
<em><strong>bonafide error in calculation, the excess amount paid may be refunded. </strong></em>
<em><strong>6. Scrutiny, Rejection and Approval by the Competent Authority: </strong></em>
<em><strong>After receipt of the Application for Penalization in the prescribed </strong></em>
<em><strong>Format along with required documents and plans, the Competent Authority </strong></em>
<em><strong>shall scrutinize the applications and after carrying out necessary site </strong></em>
<em><strong>inspections, communicate it’s approval or rejection to the applicant as early </strong></em>
<em><strong>as possible but not beyond six months from the last date of receipt of </strong></em>
<em><strong>Applications. The Competent Authority may engage the services of licensed 4</strong></em>
<em><strong>technical personnel for scrutiny of the applications and for field inspections. </strong></em>
<em><strong>Mere receipt of application or any delay in communication of final orders in </strong></em>
<em><strong>the matter will not imply the approval of the application. </strong></em>
<em><strong>7. Violation after submission of Application: </strong></em>
<em><strong>During verification, if it is found that the applicant has undertaken </strong></em>
<em><strong>further additions or extensions to the existing building, then such application </strong></em>
<em><strong>shall be summarily rejected duly forfeiting the entire penal amount and </strong></em>
<em><strong>necessary action shall be taken against the unauthorized building including </strong></em>
<em><strong>demolition as per the law. </strong></em>
<em><strong>8. Exemption: </strong></em>
<em><strong>Huts, semi-permanent houses (other than RCC structure) of single </strong></em>
<em><strong>storey in sites up to 100 sq yards are not covered under these Rules. </strong></em>
<em><strong>9. Penalization not to apply to certain sites: </strong></em>
<em><strong>Penalization of unauthorized constructions shall not be considered in the </strong></em>
<em><strong>following cases and in cases where public interest and public safety are likely </strong></em>
<em><strong>to be adversely affected, viz. </strong></em>
<em><strong>(a) Encroachment on Government land or property belonging to Public </strong></em>
<em><strong>undertakings, Andhra Pradesh Housing Board, Andhra Pradesh </strong></em>
<em><strong>Industrial Infrastructure Corporation, Urban Development Authority, </strong></em>
<em><strong>Local body, Endowments, Wakf Board, etc.; </strong></em>
<em><strong>(b) Land for which the applicant has no title; </strong></em>
<em><strong>(c) Surplus land declared under Urban land Ceiling /Agriculture Land </strong></em>
<em><strong>Ceiling/ lands resumed under Andhra Pradesh assigned Lands ( PO </strong></em>
<em><strong>T) Act; </strong></em>
<em><strong>(d) Buildings affected under alignment of any road or proposed road </strong></em>
<em><strong>under Master Plan/Zonal Development Plan/Road Development Plan </strong></em>
<em><strong>or any other public roads/MRTS/BRTS; </strong></em>
<em><strong>(e) Tank bed and Sikham lands; </strong></em>
<em><strong>(f) Areas prohibited for construction under GOMs No. 111</strong></em>
<em><strong>MA&#38;U.D.Dept., dated 8-3-1996 (protection of Catchment area of </strong></em>
<em><strong>Osmansagar and Himayatsagar lakes); </strong></em>
<em><strong>(g) Prohibited areas under the Coastal Regulation Zone and such other </strong></em>
<em><strong>environmentally restricted zones as may be prescribed; 5</strong></em>
<em><strong>(h) Layout/Master Plan open spaces/Areas earmarked for Recreation Use </strong></em>
<em><strong>in Master Plan/Zonal development Plan; </strong></em>
<em><strong>(i) Buildings that are not in conformity with land use approved in Master </strong></em>
<em><strong>Plan/Zonal development Plan; </strong></em>
<em><strong>(j) Sites under legal litigation/ disputes regarding ownership of the site / </strong></em>
<em><strong>building; </strong></em>
<em><strong>(k) Area earmarked for parking as per sanctioned plan; </strong></em>
<em><strong>(l) Unauthorized constructions without any building sanction in </strong></em>
<em><strong>unapproved /unauthorized layouts, for which prior approval of </strong></em>
<em><strong>site/plot under regulation of unapproved/unauthorized layouts rules </strong></em>
<em><strong>shall be obtained; </strong></em>
<em><strong>However in case of Rule 9 (l), applications for penalization will be </strong></em>
<em><strong>accepted if the applicant encloses the Acknowledgment of the </strong></em>
<em><strong>Application made for regulation of the unauthorized site/plot under </strong></em>
<em><strong>the relevant rules to the competent authority. </strong></em>
<em><strong>(m) Regulation and penalization shall not be done for the constructions </strong></em>
<em><strong>made within the building line of major roads of width 80 feet and </strong></em>
<em><strong>above within the limits of Greater Hyderabad Municipal Corporation, </strong></em>
<em><strong>Greater Visakhapatnam Municipal Corporation, Vijayawada Municipal </strong></em>
<em><strong>Corporation and roads of width 60 feet and above in rest of the urban </strong></em>
<em><strong>areas as per Master Plan / Zonal Development Plan. </strong></em>
<em><strong>10. Issue of Occupancy certificate: </strong></em>
<em><strong>In case of approval, the local authority shall issue a Proceeding to the </strong></em>
<em><strong>effect that all proceedings and action of enforcement initiated or </strong></em>
<em><strong>contemplated against the said construction are withdrawn and then issue </strong></em>
<em><strong>Occupancy Certificate to the applicant. </strong></em>
<em><strong>11. Appeal:</strong></em>
<em><strong>(1) Any applicant aggrieved by an order passed by the Competent Authority </strong></em>
<em><strong>under Rule 6, may prefer an appeal to the Committee constituted by the </strong></em>
<em><strong>Government within thirty days from the date of receipt of the order provided </strong></em>
<em><strong>the applicant has paid the necessary charges and submitted documents as </strong></em>
<em><strong>specified in Rule 3 of these rules. </strong></em>
<em><strong>(2) All the appeals shall be disposed off within 3 months. </strong></em>
<em><strong>12. Failure to come forward for penalisation of unauthorized 6</strong></em>
<em><strong>constructions: </strong></em>
<em><strong>Where an application for regulating and penalizing the unauthorizedly </strong></em>
<em><strong>constructed building has not been made as per rule 3: </strong></em>
<em><strong>(1) Such unauthorized constructions would be treated as continuing </strong></em>
<em><strong>offence and Penalty as per law would be levied. </strong></em>
<em><strong>(2) Other enforcement action including demolition shall be initiated </strong></em>
<em><strong>by the local authority as per law. </strong></em>
<em><strong>(3) No further building approvals shall be considered by the </strong></em>
<em><strong>building sanctioning authority in the said site. </strong></em>
<em><strong>13. Amount levied kept in separate account: </strong></em>
<em><strong>(1) The amount collected by the Competent Authority under these rules shall </strong></em>
<em><strong>be kept and maintained under the control of the Competent authority in a </strong></em>
<em><strong>separate escrow account and utilized only for improvement of amenities in </strong></em>
<em><strong>the area. </strong></em>
<em><strong>(2) In respect of Gram Panchayat areas falling in the Urban Development </strong></em>
<em><strong>Authority areas, the penal amount so collected will be shared in equal </strong></em>
<em><strong>proportion between Urban Development Authority and Gram Panchayat </strong></em>
<em><strong>concerned. In respect of Corporation and Municipalities falling in Urban </strong></em>
<em><strong>Development Authority areas, the penal amount will be shared between the </strong></em>
<em><strong>concerned Corporation/Municipality and Urban Development Authority in </strong></em>
<em><strong>the ratio of 70 : 30. </strong></em>
<em><strong>14. Constitution of Committee: </strong></em>
<em><strong>Government will issue separate orders constituting appellate </strong></em>
<em><strong>Committees for examining appeals under rule 11. </strong></em>
<em><strong>15. Government may issue guidelines to operationalize these rules. </strong></em>
<em><strong> 16. All existing rules, regulations, bye-laws and orders that are in </strong></em>
<em><strong>conflict or inconsistent with these rules shall stand modified to the extent of the </strong></em>
<em><strong>provisions of these rules. </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA</strong></em>
<em><strong>PRADESH) </strong></em>
<em><strong>S.P. SINGH </strong></em>
<em><strong>PRINCIPAL SECRETARY TO GOVERNMENT </strong></em>
<em><strong>To </strong></em>
<em><strong>The Commissioner and Director, Printing , Stationery and Stores Purchase </strong></em>
<em><strong>A.P. Hyderabad ( in duplicate, with a request to publish the Notification in 7</strong></em>
<em><strong>the Extraordinary Gazette of A.P. Dt. 31.12.2007, and furnish 1000 copies to </strong></em>
<em><strong>Government) </strong></em>
<em><strong>The Director of Town and Country, Planning, A.P. Hyderabad. </strong></em>
<em><strong>The Commissioner and Director of Municipal Administration, A.P. </strong></em>
<em><strong>Hyderabd. </strong></em>
<em><strong>The Commissioners of all Municipal Corporations/ Municipalities in the </strong></em>
<em><strong>State, through CDMA. </strong></em>
<em><strong>The Vice chairman of all Urban Development Authorities in the State </strong></em>
<em><strong>All Departments of Secretariat </strong></em>
<em><strong>All Heads of Department. </strong></em>
<em><strong>The Director General Fire Services. </strong></em>
<em><strong>The Chairperson, AP Transco. </strong></em>
<em><strong>The Managing Director, H.M.W.S&#38;S.B, Hyderabad. </strong></em>
<em><strong>The Engineer in Chief (Public Health) Hyderabad. </strong></em>
<em><strong>The Commissioner &#38; Inspector General of Registration &#38; Stamps. </strong></em>
<em><strong>The Managing Director, AP Housing Board. </strong></em>
<em><strong>The District Collectors of all Districts. </strong></em>
<em><strong>Copy to : </strong></em>
<em><strong>The Special Secretary to Chief Minister. </strong></em>
<em><strong>The P.S. to Minister (M.A). </strong></em>
<em><strong>The P.S. to Principal Secretary to Government (MA&#38;UD Dept) </strong></em>
<em><strong>The P.S.to Secretary to Government (M.A&#38;U.D.Dept) </strong></em>
<em><strong>S.F/S.C. </strong></em>
<em><strong>// FORWARDED :: BY ORDER// </strong></em>
<em><strong>SECTION OFFICER 8</strong></em>
<em><strong>A N N E X U R E - I </strong></em>
<em><strong>RATES OF PENALISATION (See Rule 9) 9</strong></em>
<em><strong>Rate in Rupees per sq feet of violated built up area </strong></em>
<em><strong>Cases where building permission </strong></em>
<em><strong>was obtained but deviated from the </strong></em>
<em><strong>sanctioned plan, and where </strong></em>
<em><strong>violation of permitted built up area </strong></em>
<em><strong>including setbacks, Balcony </strong></em>
<em><strong>projections and balcony areas </strong></em>
<em><strong>converted into other built up area </strong></em>
<em><strong>/uses is up to 30% </strong></em>
<em><strong>3(i) </strong></em>
<em><strong>1. Cases where building </strong></em>
<em><strong>permission was obtained but </strong></em>
<em><strong>where violation of permitted </strong></em>
<em><strong>built up area including </strong></em>
<em><strong>setbacks, Balcony projections, </strong></em>
<em><strong>balcony areas converted into </strong></em>
<em><strong>other built up area /uses is </strong></em>
<em><strong>more than 30% </strong></em>
<em><strong>2. Cases where no permission was </strong></em>
<em><strong>obtained (in this category entire </strong></em>
<em><strong>built up area will be treated as </strong></em>
<em><strong>violated area) </strong></em>

<em><strong>3 (ii) </strong></em>
<em><strong>Sl </strong></em>
<em><strong>No</strong></em>
<em><strong>(1) </strong></em>
<em><strong>Category/ </strong></em>
<em><strong>Subcategory </strong></em>
<em><strong>(2) </strong></em>
<em><strong>GHMC/ </strong></em>
<em><strong>GVMC </strong></em>
<em><strong>&#38; VMC </strong></em>
<em><strong>Other </strong></em>
<em><strong>Municip</strong></em>
<em><strong>al </strong></em>
<em><strong>Corporat</strong></em>
<em><strong>ions </strong></em>
<em><strong>Municipaliti</strong></em>
<em><strong>es &#38; rest of </strong></em>
<em><strong>UDA area </strong></em>
<em><strong>GHMC/ </strong></em>
<em><strong>GVMC </strong></em>
<em><strong>&#38; VMC </strong></em>
<em><strong>Other </strong></em>
<em><strong>Municipal </strong></em>
<em><strong>Corporatio</strong></em>
<em><strong>ns </strong></em>
<em><strong>Municipalitie</strong></em>
<em><strong>s &#38; rest of </strong></em>
<em><strong>UDA area </strong></em>
<em><strong> 3(i) (a) 3(i)(b) 3(i)(c) </strong></em>
<em><strong>3 (ii)(a) </strong></em><em><strong>3 (ii)(b) </strong></em>
<em><strong> 3 </strong></em>
<em><strong>(ii)(c) </strong></em>
<em><strong>1 Commercial buildings/Usage </strong></em>
<em><strong>a Upto G+1 </strong></em>
<em><strong>Floor height </strong></em>
<em><strong>200 150 100 300 200 150 </strong></em>
<em><strong>b Above G+1 </strong></em>
<em><strong>&#38; below 15 </strong></em>
<em><strong>m height </strong></em>
<em><strong>400 300 200 500 400 300 </strong></em>
<em><strong>c 15 m and </strong></em>
<em><strong>above in </strong></em>
<em><strong>height </strong></em>
<em><strong>500 400 300 600 500 400 </strong></em>
<em><strong>2A Individual Residential buildings </strong></em>
<em><strong>a up to G+2 </strong></em>
<em><strong>floors or 10 </strong></em>
<em><strong>m height </strong></em>
<em><strong>60 40 30 100 60 50 </strong></em>
<em><strong>b Above G+2 </strong></em>
<em><strong>floors or 10 </strong></em>
<em><strong>m height </strong></em>
<em><strong>100 60 50 200 150 100 10</strong></em>
<em><strong>2 B Multiple dwellings/Flats/Apartment Complexes (See Annexure II Below) </strong></em>
<em><strong>3 Other Non-Residential Buildings (Institutional/Educational/Industrial, etc.) </strong></em>
<em><strong> i) Height up </strong></em>
<em><strong>to 15 m </strong></em>
<em><strong>height </strong></em>
<em><strong>60 40 30 100 60 50 </strong></em>
<em><strong> ii) Height </strong></em>
<em><strong>above 15 m </strong></em>
<em><strong>height </strong></em>
<em><strong>100 60 50 200 150 100 11</strong></em>
<em><strong>ANNEXURE II </strong></em>
<em><strong>RATES OF PENALISATION FOR MULTIPLE DWELLING UNITS/ </strong></em>
<em><strong>FLATS/ APARTMENT COMPLEXES WHICH ARE IN VIOLATION/ </strong></em>
<em><strong>INDIVIDUAL BUILDINGS CONVERTED INTO APARTMENTS </strong></em>
<em><strong>S.P. SINGH </strong></em>
<em><strong>Cases where building permission </strong></em>
<em><strong>was obtained but deviated from </strong></em>
<em><strong>sanctioned plan including </strong></em>
<em><strong>Balcony projections/areas </strong></em>
<em><strong>converted into other built up </strong></em>
<em><strong>area/Individual buildings </strong></em>
<em><strong>converted into Apartments </strong></em>
<em><strong>(3) </strong></em>
<em><strong>Cases where no building permission was </strong></em>
<em><strong>obtained from the sanctioning Authority/ </strong></em>
<em><strong>Additional floors constructed over the </strong></em>
<em><strong>permitted floors </strong></em>
<em><strong>(4) </strong></em>
<em><strong>Penalisation Charge in Rupees Rate in Rupees per sq feet of violated built </strong></em>
<em><strong>up area on each floor</strong></em>
<em><strong>SlNo </strong></em>
<em><strong>Multiple </strong></em>
<em><strong>dwelling </strong></em>
<em><strong>units/Flats</strong></em>
<em><strong>/Apartmen</strong></em>
<em><strong>t </strong></em>
<em><strong>Complexe</strong></em>
<em><strong>s </strong></em>
<em><strong>GHMC/</strong></em>
<em><strong>GVMC </strong></em>
<em><strong>&#38; VMC</strong></em>
<em><strong>Other </strong></em>
<em><strong>Municipa</strong></em>
<em><strong>l </strong></em>
<em><strong>Corporati</strong></em>
<em><strong>ons </strong></em>
<em><strong>Municipalit</strong></em>
<em><strong>ies &#38; rest of </strong></em>
<em><strong>UDA area </strong></em>
<em><strong>GHMC/ </strong></em>
<em><strong>GVMC &#38; </strong></em>
<em><strong>VMC </strong></em>
<em><strong>Other </strong></em>
<em><strong>Municipal </strong></em>
<em><strong>Corporations</strong></em>
<em><strong>Municipaliti</strong></em>
<em><strong>es &#38; rest of </strong></em>
<em><strong>UDA area </strong></em>
<em><strong>(1) (2) 3(a) 3(b) 3(c) 4(a) 4(b) 4(c) </strong></em>
<em><strong>Plinth </strong></em>
<em><strong>area upto </strong></em>
<em><strong>1000 sft </strong></em>
<em><strong>20,000 </strong></em>
<em><strong>per flat </strong></em>
<em><strong>/dwelli</strong></em>
<em><strong>ng unit </strong></em>
<em><strong>15,000 per </strong></em>
<em><strong>flat </strong></em>
<em><strong>/dwelling </strong></em>
<em><strong>unit </strong></em>
<em><strong>10,000 per </strong></em>
<em><strong>flat </strong></em>
<em><strong>/dwelling </strong></em>
<em><strong>unit </strong></em>
<em><strong>(i) </strong></em>
<em><strong>Height </strong></em>
<em><strong>below 18 </strong></em>
<em><strong>mtr.</strong></em>
<em><strong>Plinth area </strong></em>
<em><strong>of more </strong></em>
<em><strong>than 1000 </strong></em>
<em><strong>sft </strong></em>
<em><strong>30,000 </strong></em>
<em><strong>per flat </strong></em>
<em><strong>/dwelli</strong></em>
<em><strong>ng unit </strong></em>
<em><strong>20,000 per </strong></em>
<em><strong>flat </strong></em>
<em><strong>/dwelling </strong></em>
<em><strong>unit </strong></em>
<em><strong>15,000 per </strong></em>
<em><strong>flat </strong></em>
<em><strong>/dwelling </strong></em>
<em><strong>unit </strong></em>
<em><strong>Rs 100 per </strong></em>
<em><strong>sq ft of </strong></em>
<em><strong>plinth area </strong></em>
<em><strong>Rs 75 per sq ft </strong></em>
<em><strong>of plinth area </strong></em>
<em><strong>Rs 50 per sq ft </strong></em>
<em><strong>of plinth area </strong></em>
<em><strong>(ii) </strong></em>
<em><strong>Height 18 meters and </strong></em>
<em><strong>above</strong></em>
<em><strong>80,000 </strong></em>
<em><strong>per flat </strong></em>
<em><strong>/dwelli</strong></em>
<em><strong>ng unit </strong></em>
<em><strong>50,000 per </strong></em>
<em><strong>flat </strong></em>
<em><strong>/dwelling </strong></em>
<em><strong>unit </strong></em>
<em><strong>30,000 per </strong></em>
<em><strong>flat </strong></em>
<em><strong>/dwelling </strong></em>
<em><strong>unit </strong></em>
<em><strong>Rs 200 per </strong></em>
<em><strong>sq ft of </strong></em>
<em><strong>plinth area </strong></em>
<em><strong>Rs 150 per sq </strong></em>
<em><strong>ft of plinth </strong></em>
<em><strong>area </strong></em>
<em><strong>Rs 100 per sq </strong></em>
<em><strong>ft of plinth </strong></em>
<em><strong>area 12</strong></em>
<em><strong>PRINCIPAL SECRETARY TO GOVERNMENT </strong></em>
<em><strong>SECTION OFFICER</strong></em></pre>
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<title><![CDATA[Andhra Pradesh Prohibition of Ragging in  All Educational Institutions Rules, 2002 ]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/andhra-pradesh-prohibition-of-ragging-in-all-educational-institutions-rules-2002/</link>
<pubDate>Thu, 27 Oct 2011 09:42:38 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/andhra-pradesh-prohibition-of-ragging-in-all-educational-institutions-rules-2002/</guid>
<description><![CDATA[Andhra Pradesh Prohibition of Ragging in Image via Wikipedia All Educational Institutions Rules, 200]]></description>
<content:encoded><![CDATA[<pre><em><strong><a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Prohibition of <a class="zem_slink" title="Ragging" href="http://en.wikipedia.org/wiki/Ragging" rel="wikipedia">Ragging</a> in</strong></em></pre>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://en.wikipedia.org/wiki/File:800px-Assembly1.jpg"><img class="zemanta-img-configured" title="The Andhra Pradesh State Legislative Assembly ..." src="http://upload.wikimedia.org/wikipedia/en/thumb/8/83/800px-Assembly1.jpg/300px-800px-Assembly1.jpg" alt="The Andhra Pradesh State Legislative Assembly ..." width="300" height="225" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre><em><strong></strong></em>
<em><strong>All <a class="zem_slink" title="Types of educational institutions" href="http://en.wikipedia.org/wiki/Types_of_educational_institutions" rel="wikipedia">Educational Institutions</a> Rules, 2002 </strong></em>
<em><strong>[G.O. Ms. No.67, <a class="zem_slink" title="Higher education" href="http://en.wikipedia.org/wiki/Higher_education" rel="wikipedia">Higher Education</a> (<a class="zem_slink" title="EC number" href="http://en.wikipedia.org/wiki/EC_number" rel="wikipedia">EC</a>) dated 31st August, 2002] </strong></em>
<em><strong> In exercise of the powers conferred by sub-section (1) of section 9 of the </strong></em>
<em><strong>Andhra Pradesh Prohibition of Ragging Act, 1997 (A.P. Act 26 of 1997) the </strong></em>
<em><strong>Governor of Andhra Pradesh hereby makes the following rules relating to </strong></em>
<em><strong>Prohibition of Ragging in all Educational Institutions in the State. </strong></em>
<em><strong>1. Short title.— These rules may be called the Andhra Pradesh </strong></em>
<em><strong>Prohibition of Ragging in all Educational Institutions Rules, 2002. </strong></em>

<em><strong>2. Definition.— In these rules unless the context otherwise requires </strong></em>
<em><strong>:— </strong></em>
<em><strong> (a) “Act” includes words either spoken or written or signs or sounds </strong></em>
<em><strong>or gestures or visible representation; </strong></em>
<em><strong> (b) “Educational Institutions” means and include a college or other </strong></em>
<em><strong>institution by whatever name called, carrying on the activity or imparting </strong></em>
<em><strong>education therein (either exclusively or among other activities) and includes an </strong></em>
<em><strong>orphanage or boarding home or hostel or Tutorial Institution or other premises </strong></em>
<em><strong>attached thereto; </strong></em>
<em><strong> (c) “Government” means the State Government of Andhra Pradesh; </strong></em>
<em><strong> (d) “notification” means notification published in Andhra Pradesh </strong></em>
<em><strong>Gazette and the word “notified” shall be construed accordingly; </strong></em>
<em><strong> (e) “ragging” means doing an act, which causes or is likely to cause </strong></em>
<em><strong>insult or annoyance or fear or apprehension or threat or intimidation or outrage </strong></em>
<em><strong>of modesty or injury to a student; </strong></em>
<em><strong> (f) “student” means a person who is admitted into an Educational </strong></em>
<em><strong>Institution and whose name is lawfully borne on the attendance register thereof. </strong></em>
<em><strong>3. Prohibition of ragging.— (a) Ragging is prohibited within or </strong></em>
<em><strong>outside of any educational institution in the State; </strong></em>
<em><strong>1 (b) the <a class="zem_slink" title="Head teacher" href="http://en.wikipedia.org/wiki/Head_teacher" rel="wikipedia">Principal</a>/Head of the institution shall obtain an undertaking in </strong></em>
<em><strong>writing from the <a class="zem_slink" title="Student" href="http://en.wikipedia.org/wiki/Student" rel="wikipedia">students</a>/parents at the time of admission that they shall not </strong></em>
<em><strong>resort to ragging inside or outside the institution; </strong></em>
<em><strong> (c) full publicity should be given to the <a class="zem_slink" title="Punishment" href="http://en.wikipedia.org/wiki/Punishment" rel="wikipedia">punishment</a> for ragging </strong></em>
<em><strong>through open circulars, suitable posters, colleges and hostel premises etc., by the </strong></em>
<em><strong>Principal/ Head of the institutions; </strong></em>

<em><strong> (d) the Principal/Head of the Institution shall constitute anti-ragging </strong></em>
<em><strong>squads involving teachers and students to prevent ragging; </strong></em>
<em><strong> (e) the Head of the Institution shall lodge a criminal case against </strong></em>
<em><strong>students resorted to ragging for taking action as mentioned in Andhra Pradesh </strong></em>
<em><strong>Prohibition of Ragging Act, 1997 (A.P. Act No. 26 of 1997). </strong></em>

<em><strong>Certain of the guidelines to prevent ragging in educational institutions are </strong></em>
<em><strong>illustrated in the annexure to these rules. </strong></em>
<em><strong>4. Responsibility of the Head of the Institution.— </strong></em>
<em><strong> (1) At the commencement of the Academic session/ the Institution should </strong></em>
<em><strong>constitute a proctorial committee consisting of senior faculty members and hostel </strong></em>
<em><strong>authorities like the warden and a few responsible senior students :— </strong></em>
<em><strong> (i) to keep a continuous watch and vigil over ragging so as to prevent </strong></em>
<em><strong>its occurrence and recurrence; </strong></em>

<em><strong> (ii) to promptly deal with the incidents of ragging brought to its notice </strong></em>
<em><strong>and summarily punish the guilty either by itself or by putting-forth its finding/ </strong></em>
<em><strong>recommendation/suggestions before the authority competent to take decision. </strong></em>
<em><strong>All vulnerable locations shall be identified and specially watched. </strong></em>

<em><strong> (2) The local community and the students in particular must be made </strong></em>
<em><strong>aware of dehumanising effect of ragging inherent in its perversity. Posters, notice </strong></em>
<em><strong>boards and sign-boards wherever necessary, may be used for the purpose. </strong></em>
<em><strong> (3) Failure to prevent ragging shall be construed as an act of </strong></em>
<em><strong>negligence in maintaining discipline in the institution on the part of the </strong></em>
<em><strong>management, the principal and the persons in authority of the institution. Similar </strong></em>
<em><strong>responsibility shall be liable to be fixed on hostel wardens/superintendents. </strong></em>
<em><strong>2 (4) Whenever any student complains of ragging to the Head of the </strong></em>
<em><strong>Educational Institution such head or manager shall enquire into the same </strong></em>
<em><strong>forthwith and if the complaint is prima facie found true, shall suspend the </strong></em>
<em><strong>student or students complained against for such period as may be deemed </strong></em>
<em><strong>necessary. </strong></em>
<em><strong> (5) The decision of the head of the institution or the person responsible </strong></em>
<em><strong>for the management of the educational institution is final. </strong></em>
<em><strong> (6) If an institution fails to curb ragging, the Funding Agency shall </strong></em>
<em><strong>consider for stoppage of financial assistance to such an institution till such time </strong></em>
<em><strong>as achieves the same. The University shall consider disaffiliating a college or </strong></em>
<em><strong>Institution failing to curb ragging. All <a class="zem_slink" title="University" href="http://en.wikipedia.org/wiki/University" rel="wikipedia">Universities</a> shall bring these guidelines to </strong></em>
<em><strong>the notice of all educational institutions under their control and jurisdiction. </strong></em>
<em><strong>Publicity may also be given by press notes in public interest by Universities. </strong></em>
<em><strong>5. Penalty for ragging.— (1) Whoever with the intention of causing </strong></em>
<em><strong>ragging or with the knowledge that he is likely by such act to cause ragging </strong></em>
<em><strong>commits or abets ragging shall be punishable as per Andhra Pradesh Prohibition </strong></em>
<em><strong>of Ragging Act, 1997 (Act 26 of 1997). </strong></em>
<em><strong> (2) The students convicted of an offence under section 4 of Andhra </strong></em>
<em><strong>Pradesh Prohibition of Ragging Act, 1997 (Act 26 of 1997) and punished with </strong></em>
<em><strong>imprisonment for a term shall be dismissed from the educational institution. </strong></em>
<em><strong> (3) The student convicted of an offence under section 4 of Andhra </strong></em>
<em><strong>Pradesh Prohibition of Ragging Act, 1997, and punished with imprisonment for a </strong></em>
<em><strong>term of more than six months shall not be admitted in any other educational </strong></em>
<em><strong>institution. </strong></em>
<em><strong> (4) Any student dismissed from a college for ragging should be </strong></em>
<em><strong>debarred from seeking admission in any other course of study in any </strong></em>
<em><strong>college/University located in the State. </strong></em>
<em><strong> (5) In case of the students who involved in ragging, there shall be an </strong></em>
<em><strong>embossment on his marks cards and other academic Certificates in bold letters </strong></em>
<em><strong>which cannot be obliterated that he had indulged in ragging and had conducted </strong></em>
<em><strong>himself in a manner unbecoming of a student. </strong></em>
<em><strong>3Guidelines Annexure to G.O.Ms. No. 67, Higher Education (EC-2) Department, dated 31-</strong></em>
<em><strong>8-2002 </strong></em>
<em><strong> The following guidelines shall be complied with while endeavou-ring to </strong></em>
<em><strong>deal with ragging in the forms like addressing seniors ‘Sir’ performing mass </strong></em>
<em><strong>drills, copying class notes for the seniors, carrying out various errands, and </strong></em>
<em><strong>doing menial jobs for the seniors, washing clothes demanded by senior students, </strong></em>
<em><strong>asking/answering vulgar questions, looking at pornographic pictures to shock </strong></em>
<em><strong>the freshers out of their innocence, being forced to drink alcohol, scalding tea, </strong></em>
<em><strong>being forced to do acts with sexual overtones and homesexual acts leading to </strong></em>
<em><strong>physical injury/ mental torture or death, and doing obscenities. </strong></em>
<em><strong> “Ragging” means any disorderly conduct whether by words spoken or </strong></em>
<em><strong>written or by an act which has the effect of teasing treating or handling with </strong></em>
<em><strong>rudeness any other student, indulging in rowdy or indisciplined activities which </strong></em>
<em><strong>causes or is likely to cause annoyance, hardship or psychological harm or to raise </strong></em>
<em><strong>fear or apprehension thereof in a fresher or junior student or asking the students </strong></em>
<em><strong>to do any act or perform something which such student will not do in the </strong></em>
<em><strong>ordinary course and which has the effect of causing or generating a sense of </strong></em>
<em><strong>shame of embarrassment so as to adversely affect the physique or psyche of a </strong></em>
<em><strong>fresher or junior student. The cause of indulging in ragging is deriving a sadistic </strong></em>
<em><strong>pleasure or showing of power, authority or superiority by the seniors over their </strong></em>
<em><strong>juniors or freshers. </strong></em>
<em><strong> Most of the above orders of the seniors constituting perverse actions are </strong></em>
<em><strong>illustrative or ragging but not exhaustive. Any other related acts would also form </strong></em>
<em><strong>ragging attracting severe punitive action. </strong></em>
<em><strong> (1) A review committee shall be constituted by the District Collector as </strong></em>
<em><strong>Chairman and the composition of the committee will be as follows :— </strong></em>
<em><strong> (i) Collector - Chairman. </strong></em>
<em><strong> (ii) Superintendent of Police-Vice-Chairman. </strong></em>
<em><strong> (iii) (a) Revenue Divisional Officers </strong></em>
<em><strong> (b) Sub-divisional Police Officers - Members </strong></em>
<em><strong> (c) College Principals </strong></em>
<em><strong> The committee shall meet twice before the academic session and twice </strong></em>
<em><strong>during the academic session to review the prevalent situation and evolve </strong></em>
<em><strong>effective measures to combat ragging. </strong></em>
<em><strong> (2) Apart from the review committee the educational institutions </strong></em>
<em><strong>should provide for the constitution of a committee consisting of the parents and </strong></em>
<em><strong>4guardians or the students taking education in their institute, as well as two </strong></em>
<em><strong>representatives of the students union if any, apart from the principal and a </strong></em>
<em><strong>representative of teaching staff of the educational institute and to review the </strong></em>
<em><strong>same by regularly calling a meeting of the committee of the parents etc., which </strong></em>
<em><strong>may be constituted for this purpose. The committee should recommend to the </strong></em>
<em><strong>management whether any step is required to be taken against any student who </strong></em>
<em><strong>may have violated the code of conduct and the school management should take </strong></em>
<em><strong>necessary remedial measures as expeditiously as possible, but not later than four </strong></em>
<em><strong>weeks from the date of the recommendation by the parents committee. </strong></em>

<em><strong> (3) The application form for admission/enrolment shall have a printed </strong></em>
<em><strong>undertaking to be filled up and signed by the candidates to the effect that he/she </strong></em>
<em><strong>is aware of the institution’s approach towards ragging and punishments to </strong></em>
<em><strong>which he or she shall be liable if found guilty of ragging. A similar undertaking </strong></em>
<em><strong>shall be obtained from the parents/guardian of the applicant. </strong></em>
<em><strong> (4) Any boy or girl student should keep the identity card issued by the </strong></em>
<em><strong>concerned educational institution in his/her possession and offer the same for </strong></em>
<em><strong>verification as and when demanded by any authority of the institution or hostel </strong></em>
<em><strong>or any member of the staff of the institution or hostel who is authorised to verify </strong></em>
<em><strong>the identity of the concerned student. </strong></em>

<em><strong> (5) The Hostels and Messes, vacant classrooms, canteen, stadium or </strong></em>
<em><strong>playground, student’s activity centres and bus stands are the some of the </strong></em>
<em><strong>vulnerable locations identified for ragging. Strict survellance should be </strong></em>
<em><strong>maintained in such locations for prevention of ragging. </strong></em>
<em><strong> (6) The Management, Principal, the teaching staff should interact with </strong></em>
<em><strong>freshers and take them in confidence by apprising them of their rights as well as </strong></em>
<em><strong>obligation to fight against ragging and to generate confidence in their mind that </strong></em>
<em><strong>any instances of ragging to which they are subjected or which comes in their </strong></em>
<em><strong>knowledge should forthwith be brought to their knowledge and shall promptly </strong></em>
<em><strong>dealt with while protecting the complainants from any harassment by </strong></em>
<em><strong>perpetrators of ragging. It would be better if the head of the institution or person </strong></em>
<em><strong>high in authority addresses meeting of teachers, parents and students collectively </strong></em>
<em><strong>or in groups in this behalf. </strong></em>
<em><strong> (7) The Universities and the institution shall at a reasonable time </strong></em>
<em><strong>before the commencement of an academic year, and therefore at such frequent </strong></em>
<em><strong>intervals as may be expedient deliberate over and devise such positive and </strong></em>
<em><strong>5constructive activities to be arranged by involving the students generally so that </strong></em>
<em><strong>the seniors and juniors, and the existing students and the freshers, interact with </strong></em>
<em><strong>each other in a healthy atmosphere and develop a friendly relationship so as to </strong></em>
<em><strong>behave like members of a family in an institution. Seniors or juniors should be </strong></em>
<em><strong>encouraged to exhibit their talents in such events so as to shed their complexes. </strong></em>
<em><strong> (8) Telephone numbers of the Principals, Vice-Principals, Heads of </strong></em>
<em><strong>Departments, senior faculty/administrative officers, wardens and deputy </strong></em>
<em><strong>wardens, should be given to every new entrant with the advice that they should </strong></em>
<em><strong>not hesitate in reporting all incidents of ragging through these numbers even </strong></em>
<em><strong>anonymously with the circumstances warrant, so that immediate measures can </strong></em>
<em><strong>be taken by them. </strong></em>

<em><strong> (9) The media may be requested to give adequate publicity to the </strong></em>
<em><strong>negative aspects of ragging mainly during the months of July and August every </strong></em>
<em><strong>year so that public awareness and aversion can be built up against ragging. </strong></em>
<em><strong> (10) The 1st year class schedule shall be staggered. Junior students </strong></em>
<em><strong>should come to the college early and to leave first. The schedule should be </strong></em>
<em><strong>reverse for senior students classes. </strong></em>
<em><strong> (11) Teachers taking the 1st year classes will leave the class at the end of </strong></em>
<em><strong>the period only after the next teacher arrives. </strong></em>
<em><strong> (12) The hostels/accommodations where freshers are accommodated </strong></em>
<em><strong>shall be carefully guarded, if necessary by posting security personnel, and placed </strong></em>
<em><strong>in charge of a warden/superintendent who should himself/ herself reside there </strong></em>
<em><strong>at, and wherein the entry of seniors and outsiders shall be prohibited after </strong></em>
<em><strong>specified hour of night and before except under the permission of the person in </strong></em>
<em><strong>charge. Entry at other times may also be regulated. If possible, the new entrants </strong></em>
<em><strong>to the hostels should be accommodated in a separate building away from other </strong></em>
<em><strong>hostel buildings where the senior students reside. </strong></em>
<em><strong> (13) No person who is not a student of the concerned educational </strong></em>
<em><strong>institution shall be allowed to enter the premises of that educational institutions </strong></em>
<em><strong>or its hostel without obtaining prior permission of the principal of that institute. </strong></em>
<em><strong>Provided that the parents or the guardian of the students shall not be required to </strong></em>
<em><strong>take such permission in writing. </strong></em>
<em><strong>6 (14) No person who is not studying in the given educational institution </strong></em>
<em><strong>shall be allowed to enter any hostel of boys or girls attached to the concerned </strong></em>
<em><strong>educational institution. However, by obtaining prior written permission of the </strong></em>
<em><strong>warden of the hostel, he may be so allowed. Provided, however, that in case of </strong></em>
<em><strong>girls hostel, no male student or any male person shall have any access to a girl </strong></em>
<em><strong>inmates of the hostel except in the presence of the caretaker of the ladies hostel </strong></em>
<em><strong>apart from obtaining advance permission of the warden for the purpose. </strong></em>
<em><strong> (15) Any girl inmate of the hostel who has gone out of the hostel </strong></em>
<em><strong>premises for a personal errand shall return to the hostel latest by 9.00 p.m. If she </strong></em>
<em><strong>is delayed, she should render written explanation there and then to the Caretaker </strong></em>
<em><strong>of the hostel who shall allow her to enter the hostel occupy her seat in the room </strong></em>
<em><strong>allotted to her on such written explanation submitted by her. The written </strong></em>
<em><strong>explanation so submitted shall be forwarded to the warden of the hostel by the </strong></em>
<em><strong>Caretaker as soon as possible but not later than 9.00 a.m., on the next day. </strong></em>
<em><strong> (16) Teaching staff and warden will be at liberty to check and inspect </strong></em>
<em><strong>the hostel area at any time during night. </strong></em>
<em><strong> (17) Secret student vigilance groups shall be formed. They are expected </strong></em>
<em><strong>to bring to the attention of the anti-ragging committee any incident of ragging in </strong></em>
<em><strong>the college or outside. </strong></em>
<em><strong> (18) Confidential boxes should be installed at college to receive the </strong></em>
<em><strong>complaints of the junior students to know about ragging incidents, if any. </strong></em>
<em><strong> (19) Migration certificates issued by the institution should have an entry </strong></em>
<em><strong>apart from that of general conduct and behaviour whether the student had </strong></em>
<em><strong>participated in and in particular was punished for ragging. </strong></em>
<em><strong> (20) Ragging can be stopped by creating awareness amongst the </strong></em>
<em><strong>students/ teachers and parent that ragging is a reprehensible act which does no </strong></em>
<em><strong>good to any one and by simultaneously generating an atmosphere of discipline </strong></em>
<em><strong>by sending a clear message that no act of ragging shall not go unnoticed and </strong></em>
<em><strong>unpunished. </strong></em>

<em><strong> (21) Any student found to be indulging into any ragging activity shall </strong></em>
<em><strong>be suspended immediately after communication is sent to him under the </strong></em>
<em><strong>signature of the Principal of the concerned educational institution stating that he </strong></em>
<em><strong>is alleged of’ indulging into ragging activity. Such student shall be debarred from </strong></em>
<em><strong>7entering the campus of the educational institution or its hostel, except on any day </strong></em>
<em><strong>at any time when he called upon by the authority of the school or by the Parents </strong></em>
<em><strong>committee for tendering explanation or for defending his case. </strong></em>
<em><strong> (22) Anti-ragging movement should be initiated by the institution right </strong></em>
<em><strong>from the time of advertisement for admission. The prospects, the form for </strong></em>
<em><strong>admission must clearly mention that ragging is banned in the institution and any </strong></em>
<em><strong>one indulging in ragging is likely to be punished appropriately which </strong></em>
<em><strong>punishment may include expulsion from the institution, suspension from the </strong></em>
<em><strong>institution or classes for a limited period or fine with a public apology. The </strong></em>
<em><strong>punishment may also be taken the shape of :— </strong></em>
<em><strong> (i) withholding scholarships/fellowships; </strong></em>
<em><strong> (ii) debarring from representation in events; </strong></em>
<em><strong> (iii) withholding results; </strong></em>
<em><strong> (iv) withdrawing benefits like travel concessions and campus </strong></em>
<em><strong>selections; </strong></em>
<em><strong> (v) suspension or expulsion from hostel or mess, and the like. </strong></em>
<em><strong> (23) Photographs of students who have been involved in ragging and </strong></em>
<em><strong>against whom prima facie cases are made out shall be published in the notice </strong></em>
<em><strong>board put up in a conspicuous place, and also published in local News papers. In </strong></em>
<em><strong>addition, students should be cautioned that the moment they indulge in ragging </strong></em>
<em><strong>they would have a bleak future inasmuch as they would not be entitled ‘to get a </strong></em>
<em><strong>passport or visa to go abroad, if a case is registered in the Police Station or if their </strong></em>
<em><strong>academic records are tainted with black marks. </strong></em>
<em><strong> (24) If the commission of offence is so serious they may be restrained </strong></em>
<em><strong>from participating in national and international meets, tournaments, youth </strong></em>
<em><strong>festivals, quizzes and so on. </strong></em>
<em><strong> (25) Failure to prevent ragging shall be construed as act of negligence in </strong></em>
<em><strong>maintaining discipline in the institution on the part of the management, the </strong></em>
<em><strong>principal and the persons in authority of the institution. Similar responsibility </strong></em>
<em><strong>shall be liable to be fixed on hostel warden/superintendents. </strong></em><em><strong> (26) Incentives and rewards shall be given for those who actively </strong></em>
<em><strong>participate in measures for curbing the menace of ragging. Punishment for the </strong></em>
<em><strong>offenders should be balanced by some incentives for non-offenders and those </strong></em>
<em><strong>who help check the menace of ragging. </strong></em>
<em><strong>8 (27) The offence of the ragging is not only punishable under section 4 of </strong></em>
<em><strong>Andhra Pradesh Prohibition of Ragging Act, 1997 but also under various </strong></em>
<em><strong>provisions as envisaged in the relevant section of the Indian Penal Code 1860 </strong></em>
<em><strong>(Act 45/1860) and as per the specific directions to be given to the police officers </strong></em>
<em><strong>for taking cognizance of such offences and criminal activities given by the </strong></em>
<em><strong>authorities of the Police Department given from time to time. </strong></em>
<em><strong> (28) Ragging is cognizable offence. The same may be reported to the </strong></em>
<em><strong>police. However, the police should be called in or allowed entry in the campus at </strong></em>
<em><strong>the instance of the head of the institution or the person in charge. The police also </strong></em>
<em><strong>deal with such incidents when brought to its notice for action by keeping in mind </strong></em>
<em><strong>that they are dealing with students but not as criminals. The action of the police </strong></em>
<em><strong>should never be violent and always be guided by correctional attitude. </strong></em>
<em><strong> (29) The above guidelines are only illustrative and are not intended to </strong></em>
<em><strong>come in the way of institutions and authorities devising ways and means to curb </strong></em>
<em><strong>the ragging. </strong></em>
<em><strong>*********************** </strong></em>
<em><strong>9</strong></em></pre>
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<title><![CDATA[THE ANDHRA PRADESH  REGISTRATION OF BIRTHS  AND DEATHS RULES, 1999]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-registration-of-births-and-deaths-rules-1999/</link>
<pubDate>Thu, 27 Oct 2011 09:35:39 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/the-andhra-pradesh-registration-of-births-and-deaths-rules-1999/</guid>
<description><![CDATA[THE ANDHRA PRADESH Image via Wikipedia REGISTRATION OF BIRTHS AND DEATHS RULES, 1999 MEDICAL AND HEA]]></description>
<content:encoded><![CDATA[<pre><em><strong>THE ANDHRA PRADESH</strong></em></pre>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://en.wikipedia.org/wiki/File:Shortform.gif"><img class="zemanta-img-configured" title="Sample of a short form birth certificate (cert..." src="http://upload.wikimedia.org/wikipedia/en/thumb/0/0a/Shortform.gif/300px-Shortform.gif" alt="Sample of a short form birth certificate (cert..." width="300" height="390" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre><em><strong></strong></em>
<em><strong>REGISTRATION OF BIRTHS </strong></em>
<em><strong>AND DEATHS RULES, 1999 </strong></em>
<em><strong>MEDICAL AND <a class="zem_slink" title="Health department" href="http://en.wikipedia.org/wiki/Health_department" rel="wikipedia">HEALTH DEPARTMENT</a> </strong></em>
<em><strong>GOVERNMENT OFANDHRA PRADESH </strong></em>
<em><strong>HYDERABAD <a class="zem_slink" title="Government of Andhra Pradesh" href="http://en.wikipedia.org/wiki/Government_of_Andhra_Pradesh" rel="wikipedia">GOVERNMENT OF ANDHRA PRADESH</a> </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong><a class="zem_slink" title="Vital statistics (government records)" href="http://en.wikipedia.org/wiki/Vital_statistics_%28government_records%29" rel="wikipedia">VITAL STATISTICS</a> – REVAMPED SYSTEM OF REGISTRATION OF BIRTHS AND DEATHS – THE ANDHRA </strong></em>
<em><strong>PRADESH REGISTRATION OF BRITHS AND DEATHS RULES, 1999 – TO BE IMPLEMENTED FROM 1-1-2000. </strong></em>
<em><strong>(G.O.Ms.No.655, Health, Medical &#38; Family Welfare (N.1) Department, dated: 29</strong></em>
<em><strong>th</strong></em>
<em><strong> December, 1999.) </strong></em>
<em><strong>IN EXERCISE OF THE POWERS CONFERRED BY SECTION 30 OF THE REGISTRATION OF BIRTHS AND DEATHS ACT </strong></em>
<em><strong>1969 (N.18 OF 1969) THE <a class="zem_slink" title="List of governors of Andhra Pradesh" href="http://en.wikipedia.org/wiki/List_of_governors_of_Andhra_Pradesh" rel="wikipedia">GOVERNOR OF ANDHRA PRADESH</a> WITH THE APPROVAL OF THE CENTRAL GOVERNMENT </strong></em>
<em><strong>HEREBY, MAKES THE FOLLOWING RULES NAMELY. </strong></em>
<em><strong>ANDHRA PRADESH REGISTRATION OF BIRTHS AND DEATHS RULES, 1999.</strong></em>
<em><strong>1. Short title --- (1) These rules may be called <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">Andhra Pradesh</a> Registration of Births and Deaths Rules 1999. </strong></em>
<em><strong> (2) They shall come into force with effect from 01-01-2000 through notification in the </strong></em>
<em><strong> A.P., Gazette. </strong></em>
<em><strong>(3) These rules will replace the A.P. Registration of Births and Deaths Rules 1977 and all its </strong></em>
<em><strong> subsequent amendments notified from time to time. </strong></em>
<em><strong> 2. Definitions ---In these rules, unless the context otherwise requires. </strong></em>
<em><strong> (a) “Act” means the registration of Births and Deaths Act, 1969 </strong></em>
<em><strong> (b) “ Form” means a form appended to these rules, and </strong></em>
<em><strong> (c) “ Section” means a section of the Act. </strong></em>
<em><strong>3. Period of gestation ---The period of gestation for the purpose of clause (g) of sub-section (1) of section 2 </strong></em>
<em><strong> shall be twenty – eight weeks. </strong></em>
<em><strong>4. (a) Submission of report under section 4(4) –The report under sub-section (4) of section 4 shall be prepared </strong></em>
<em><strong>in the prescribed format appended to these rules and shall be submitted along with the statistical report referred </strong></em>
<em><strong>to in sub-section (2) of section 19, to the State Government, by the Chief Registrar for every year by the 31</strong></em>
<em><strong>st</strong></em>
<em><strong>July of the year following the year to which the report relates. </strong></em>
<em><strong>(b) Registrars office arrangements during his absence </strong></em>
<em><strong> (1) The office of the Registrar may be in his place of residence or business or such other place as may be </strong></em>
<em><strong>designated by him. </strong></em>
<em><strong>(2) If , for any reason, the Registrar is absent during the hours referred to in sub-section (4) of section 7, he </strong></em>
<em><strong>shall authorize another person to receive information in Form 1, Form 2, and Form(3) </strong></em>
<em><strong>(3) In case the Sub-Registrar in a Municipality or <a class="zem_slink" title="Municipal corporation" href="http://en.wikipedia.org/wiki/Municipal_corporation" rel="wikipedia">Municipal Corporation</a> or Cantonment or Industrial Project </strong></em>
<em><strong>area is unable to attend to his duties for more than 2 days on account of illness or other urgent causes he shall </strong></em>
<em><strong>report the fact to the Registrar who shall at once makes temporary arrangements for the performance of the </strong></em>
<em><strong>duties of the Sub-Registrar. Any person thus temporarily appointed shall have all powers and perform all the </strong></em>
<em><strong>duties of Sub-Registrar appointed under section 7. </strong></em>
<em><strong>(4) In case the Registrar in any other area is unable to attend to his duties for more than two days on account of </strong></em>
<em><strong>illness or other urgent cause, he shall repot the fact to the nearest MRO in case of the VAO and to DPO in case </strong></em>
<em><strong>of <a class="zem_slink" title="Executive officer" href="http://en.wikipedia.org/wiki/Executive_officer" rel="wikipedia">Executive Officer</a> of the panchayat and that officer shall at once make temporary arrangements for the </strong></em>
<em><strong>performance of the duties of the Registrar. Any person thus temporarily appointed shall have all power and </strong></em>
<em><strong>perform all the duties of the Registrar appointed under section 7. </strong></em>
<em><strong>5. Form, etc For giving information of births and deaths under sections 8 &#38; 9 ---</strong></em>
<em><strong>(1) The information required to be given to the Registrar under section 8 or section 9 as the case may be, shall </strong></em>
<em><strong>be in form Nos. 1,2 &#38; 3 for the registration of a birth, death and still birth respectively, hereinafter to be </strong></em>
<em><strong>collectively called the reporting forms. Information if given orally, shall be entered by the Registrar in the </strong></em>
<em><strong>appropriate reporting forms and the signature/thumb impression of the informant obtained. (2) The part of the reporting forms containing <a class="zem_slink" title="Legal advice" href="http://en.wikipedia.org/wiki/Legal_advice" rel="wikipedia">legal information</a> shall be called the “Legal Part” and the part </strong></em>
<em><strong>containing statistical information shall be called the “Statistical Part” </strong></em>
<em><strong>(3) The information referred to in sub-rule (1) shall be given within twenty one days from the <a class="zem_slink" title="Birth certificate" href="http://en.wikipedia.org/wiki/Birth_certificate" rel="wikipedia">date of birth</a>, </strong></em>
<em><strong>death and still birth in rural and urban areas. </strong></em>
<em><strong>6. Birth or Death in a Vehicle ---- </strong></em>
<em><strong>(1) In respect of a birth or death in a moving vehicle, the person in charge of the vehicle shall give or cause to be </strong></em>
<em><strong>given the information under sub-section (1) of section 8 at the first place of halt. </strong></em>
<em><strong>Explanation--- For the purpose of this rule the term “Vehicle” means conveyance of any kind used on land, air </strong></em>
<em><strong>or water and includes an aircraft, a boat, a ship a railway carriage, a motor car, a motor-cycle, a cart, a Tonga </strong></em>
<em><strong>and a rickshaw. </strong></em>
<em><strong>(2) In the case of deaths (not falling under clauses (a) to (e) of sub-section (1) of section 8 in which an inquest </strong></em>
<em><strong>is held, the officer who conducts the inquest shall give or cause to be given the information under sub-section </strong></em>
<em><strong>(1) of section 8. </strong></em>
<em><strong>7. Form of certificate under section 10(3)---</strong></em>
<em><strong> The certificate as to the cause of death required under –section (3) of section 10 shall be issued in Form </strong></em>
<em><strong>No.4 or 4A in respect of Institutional, and non-Institutional deaths respectively and the Registrar shall, after </strong></em>
<em><strong>making necessary entries in the register of deaths forward al such certificates to the Chief Registrar or the </strong></em>
<em><strong>officer specified by him in his behalf by the 10</strong></em>
<em><strong>th</strong></em>
<em><strong> of the month immediately following the month to which the </strong></em>
<em><strong>certificates relate. </strong></em>
<em><strong>8. Extract of registration entries to be given under section 12----</strong></em>
<em><strong>(1) The Extracts of particulars from the register relating to births or deaths to be given to an informant under </strong></em>
<em><strong>section 12 shall be in Form No.5 or Form No.6 as the case may be </strong></em>
<em><strong>(2) In the case of domiciliary events of births and deaths referred to in clause (a) of sub-section (1) of section 8 </strong></em>
<em><strong>which are reported direct to the <a class="zem_slink" title="General Register Office" href="http://en.wikipedia.org/wiki/General_Register_Office" rel="wikipedia">Registrar of births and deaths</a>, the head of the house or house hold as the case </strong></em>
<em><strong>may be, or, in his absence, the nearest relative of the head present in the house may collect the extract of birth or </strong></em>
<em><strong>death from the Registrar within thirty days of its reporting. </strong></em>
<em><strong>(3) In the case of domiciliary events of births and deaths referred to in clause (a) of sub-section of (1) of section </strong></em>
<em><strong>8 which are reported by persons specified by the State Government under sub-section (2) of the said section, the </strong></em>
<em><strong>person so specified shall transmit the extracts received from the Registrar of births and deaths to the concerned </strong></em>
<em><strong>head of the house or household as the case may be or in his absence, the nearest relative of the head present in </strong></em>
<em><strong>the house within thirty days of its issue by the Registrar. </strong></em>
<em><strong>(4) In the case of institutional events of births and deaths referred to in clauses (b) to (e) of sub-section (1) of </strong></em>
<em><strong>section 8, the nearest relative of the new born or deceased may collect the extract from the officer or person in </strong></em>
<em><strong>charge of the institution concerned within thirty days of the occurrence of the event of birth or death. </strong></em>
<em><strong>(5) If the extract of birth or death is not collected by the concerned person as referred to in sub-rules (2) to (4) </strong></em>
<em><strong>within the period stipulated therein, the Registrar or the officer or person in charge of the concerned institution </strong></em>
<em><strong>as referred to in sub-rule (4) shall transmit the same to the concerned Family by post within fifteen days after the </strong></em>
<em><strong>expiry of the aforesaid period. </strong></em>
<em><strong>9. Authority for delayed registration and fee payable therefore under section 13 ---- </strong></em>
<em><strong>(1) Any birth or death of which information is given to the Registrar after the expiry of the period specified in </strong></em>
<em><strong>rule 5(3), but within thirty days of its occurrence, shall be registered on payment of a late fee of rupee two. </strong></em>
<em><strong>(2) Any birth or death of which information is given to the Registrar after thirty days but within one year of its </strong></em>
<em><strong>occurrence, shall be registered only with the written permission of the officer prescribed in this behalf and on </strong></em>
<em><strong>payment of a late fee of rupees five. In rural areas the Mandal Revenue Officer, in other areas the concerned Registrar will permit </strong></em>
<em><strong>Registration of Births and Deaths after 30 days and below one year. </strong></em>
<em><strong>(3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only </strong></em>
<em><strong>on an order of a Magistrate of the first class (RDO &#38; above rank) or a Presidency Magistrate and on payment of </strong></em>
<em><strong>late fee of rupees ten. </strong></em>
<em><strong>10. Period for the purpose of section 14 --- </strong></em>
<em><strong>(1) Where the birth of any child had been registered without a name, the guardian of such child shall, within 12 </strong></em>
<em><strong>months from the date of registration of the birth of child, give information regarding the name of the child to the </strong></em>
<em><strong>registrar either orally or in writing. </strong></em>
<em><strong>Provided that if the information is given after the aforesaid period of 12 months but within a period of 15 years, </strong></em>
<em><strong>which shall be reckoned. </strong></em>
<em><strong>(i) In case where the registration has been made prior to the date of commencement of the </strong></em>
<em><strong>registration of Births and Deaths (amendment) rules, 1984 from such date, or </strong></em>
<em><strong>(ii) In case where the registration is made after the date of commencement of the registration of </strong></em>
<em><strong>births and deaths (amendment) rules 1984 from the date of such registration subject to the </strong></em>
<em><strong>provision of sub-section(4) of section 23. </strong></em>
<em><strong> The Registrar shall: </strong></em>
<em><strong>(a) If the register is in his possession forthwith enter the name in the relevant column of the </strong></em>
<em><strong>concerned form in the birth register on payment of a late fee of rupees five. </strong></em>
<em><strong>(b) If the register is not in his possession and if the information is given orally, make a report </strong></em>
<em><strong>giving necessary particulars, and if the information is given in writing, forward the same to the </strong></em>
<em><strong>officer specified by the state government in this behalf for making the necessary entry on </strong></em>
<em><strong>payment of a late fee of rupees five. </strong></em>
<em><strong>(2) The parents or the guardian, as the case may be, shall also present to the Registrar the copy of the extract </strong></em>
<em><strong>given to him under section 12 or a certified extract issued to him under section 17 and on such presentation the </strong></em>
<em><strong>Registrar shall make the necessary endorsement relating to the name of the child or take action as laid down in </strong></em>
<em><strong>clause (b) of the proviso to sub-rule (1). </strong></em>
<em><strong>11. Correction or cancellation of entry in the register of births and deaths---- </strong></em>
<em><strong>(1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is </strong></em>
<em><strong>otherwise noticed by him and if the register is in his possession, the Registrar shall enquire into the matter and if </strong></em>
<em><strong>he is satisfied that any such error has been made, he shall correct the error by correcting or canceling the entry </strong></em>
<em><strong>as provided in section 15 and shall send an extract of the entry showing the error and how it has been corrected </strong></em>
<em><strong>to the Chief Registrar. </strong></em>
<em><strong>(2) In the case referred to in sub rule(1) if the register is not in his possession, the Registrar in rural areas shall </strong></em>
<em><strong>make a report to the MRO and call for the relevant register and after enquiring into the matter, if he is satisfied </strong></em>
<em><strong>that any such error has been made, make necessary correction and shall send an extract of the entry showing the </strong></em>
<em><strong>error and how it has been corrected to the Chief Registrar though the concerned MRO. </strong></em>
<em><strong>(3) Any such correction as mentioned in sub-rule (2) shall be countersigned by MRO in the areas when the </strong></em>
<em><strong>register is received from the VAO and by the concerned Registrar in other areas. </strong></em>
<em><strong>(4) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar </strong></em>
<em><strong>may correct the entry in the manner prescribed under section 15 upon production by that person a declaration </strong></em>
<em><strong>setting forth nature of the error and true facts of the case made by two credible persons having knowledge of the </strong></em>
<em><strong>facts of the case. (5) Not withstanding anything contained in sub rule (1) and sub rule 4 the Registrar shall make report of any </strong></em>
<em><strong>correction of the kind referred to therein giving necessary details to the Chief Registrar. </strong></em>
<em><strong>(6) If it is proved to the satisfaction of the Registrar that any entry in the register of Births and Deaths has been </strong></em>
<em><strong>fraudulently or improperly made, he shall make a report giving necessary details to the officer authorized by the </strong></em>
<em><strong>chief registrar by general or special order in this behalf under section 25 and on hearing from him take </strong></em>
<em><strong>necessary action in the matter. </strong></em>
<em><strong>(7) In every case in which an entry is corrected or cancelled under this rule, intimation thereof should be sent to </strong></em>
<em><strong>the permanent address of the person who has given information under section 8 or section 9. </strong></em>
<em><strong>12. Form of register under section 16 --- </strong></em>
<em><strong> The legal part of the Forms No. 1,2 and 3 shall constitute the birth register, death register and still birth </strong></em>
<em><strong>register (Form Nos. 7,8 and 9 ) respectively. </strong></em>
<em><strong>13. Fees and postal charges payable under section 17 --- </strong></em>
<em><strong>(1) The Fees payable for a search to be made, an extract or a non-availability certificate to be issued under </strong></em>
<em><strong>section 17, shall be as follows: Rs: </strong></em>
<em><strong>(a) Search for a single entry in the first year 2.00/- </strong></em>
<em><strong> For which the search is made: </strong></em>
<em><strong> (b) For every additional year for which the 2.00/- </strong></em>
<em><strong> Search is continued </strong></em>
<em><strong> (C) For granting extract relating to each 5.00/- </strong></em>
<em><strong> Birth and Death </strong></em>
<em><strong> (d) For granting non-availability certificate 2.00/- </strong></em>
<em><strong> Of Births and Deaths </strong></em>
<em><strong>(2) Any such extract in regard to a birth or death shall be issued by the MRO in case of villages where VAO is </strong></em>
<em><strong>the Births and Deaths Registrar and by the concerned Registrar in other areas in Form No.5 or 6 as the case may </strong></em>
<em><strong>be, and shall be certified in the manner provided for under section 76 of the Indian Evidence, Act, 1872 (1 of </strong></em>
<em><strong>1872). </strong></em>
<em><strong>(3) If any particular event of Birth or Death is not found registered the Registrar shall issue a non-availability </strong></em>
<em><strong>certificate in Form No.10. </strong></em>
<em><strong>(4) Any such extracts or non-availability certificate may be furnished to the persons asking for it or sent to him </strong></em>
<em><strong>by post on payment of the postal charges therefore. </strong></em>
<em><strong>(5) The fees payable for the purpose shall be credited as follows: </strong></em>
<em><strong>(a) In a Municipality or Municipal corporation or </strong></em>
<em><strong>cantonment or Project Township or Industrial Township. </strong></em>
<em><strong>To the Municipality or Municipal Corporation or </strong></em>
<em><strong>Cantonment or Project Township or Industrial Township </strong></em>
<em><strong>funds respectively. </strong></em>
<em><strong>(b) In a Gram Panchayat Constituted under the A.P. gram </strong></em>
<em><strong>pachayat act, 1964 where the Executive Authority gives </strong></em>
<em><strong>and certifies extract under section 17 of the act. </strong></em>
<em><strong>To the Gram Panchayat Funds. </strong></em>
<em><strong>(C) In other areas. </strong></em>
<em><strong>To State Govt. Funds (ie) to the head of Account “065-</strong></em>
<em><strong>other Administrative Services – C. Other services – </strong></em>
<em><strong>M.H.55 – Other receipt S.H (02) Registrar General of </strong></em>
<em><strong>Births, Deaths and Marriages. </strong></em>
<em><strong>(6) All fees payable under the act may be paid in cash, or by money order or postal order. 14. Interval and forms of periodical returns under section 19 (1)</strong></em>
<em><strong> (1) Every Registrar shall after completing the process of registration, send all the statistical parts of the </strong></em>
<em><strong>reporting form relating to each month along with a summary monthly report in Form No. 11 for births, Form </strong></em>
<em><strong>No. 12 for deaths and Form No.13 for still births to the Chief Registrar or the officer specified by him on or </strong></em>
<em><strong>before the 5</strong></em>
<em><strong>th</strong></em>
<em><strong> of the following month. </strong></em>
<em><strong> (2) The officer so specified shall forward all such statistical parts of the reporting forms received by </strong></em>
<em><strong>him to the Chief Registrar not later than the 10</strong></em>
<em><strong>th</strong></em>
<em><strong> of the month. </strong></em>
<em><strong>15. Statistical report under section 19(2)—</strong></em>
<em><strong> The statistical report under sub-section (2) of section 19 shall contain the tables in the prescribed </strong></em>
<em><strong>formats appended to these rules and shall be compiled for each year before the 31</strong></em>
<em><strong>st</strong></em>
<em><strong> July of the year immediately </strong></em>
<em><strong>following and shall be published as soon as may be thereafter but in any case not later than five months from </strong></em>
<em><strong>that date. </strong></em>
<em><strong>16. Conditions for compounding offences---</strong></em>
<em><strong> (1) Any offence punishable under section 23 may, either before or after the institutions of criminal </strong></em>
<em><strong>proceedings under this Act, be compounded by an officer authorized by the Chief Registrar by a general or </strong></em>
<em><strong>special order in this behalf, if the officer so authorized is satisfied that the offence was committed through </strong></em>
<em><strong>inadvertence or oversight or for the first time. </strong></em>
<em><strong>17. Registers and other records under section 30(2) (K)---</strong></em>
<em><strong>(1) The birth register, death register and still birth register shall be permanent records and shall not be </strong></em>
<em><strong>destroyed. </strong></em>
<em><strong>(2) The court orders and orders of the specified authorities granting permission for delayed registration </strong></em>
<em><strong>received under section 13 by the Registrar shall form an integral part of the birth register, death register </strong></em>
<em><strong>and still birth register and shall not be destroyed. </strong></em>
<em><strong>(3) The certificate as to the cause of death furnished under sub-section (3) of the section 10 shall be </strong></em>
<em><strong>retained for a period of at least 5 years by the Chief Registrar or the officer specified by him in this </strong></em>
<em><strong>behalf. </strong></em>
<em><strong>(4) Every birth register, death register and still birth register shall be retained by the Registrar in his </strong></em>
<em><strong>office for a period of twelve months after the end of the calendar year to which it relates and such </strong></em>
<em><strong>register shall thereafter be transferred for safe custody to the officer specified below. </strong></em>
<em><strong>Local Area </strong></em>
<em><strong>Designation of officers responsible for safe custody of all </strong></em>
<em><strong>birth and deaths registers and relevant documents. </strong></em>
<em><strong>a. Any Municipality / Municipal corporation </strong></em>
<em><strong>/Cantonment / Industrial project township / Panchayat </strong></em>
<em><strong>The concerned Registrar of Births and Deaths </strong></em>
<em><strong>b. Any other area The MRO having jurisdiction over the area </strong></em>

<em><strong>(In case of all Births and Deaths registers already transferred to Registration Department in Andhra area the </strong></em>
<em><strong>concerned sub registrar of Assurance will continue to be the officer responsible for the safe custody of such old </strong></em>
<em><strong>Registers) </strong></em>
<em><strong>18. Inspection of register and other records under section 18:</strong></em>
<em><strong> The Inspecting officers shall use Form No.14 for inspection of registration centers. FORMAT OF THE REPORT ON THE WORKING OF THE ACT</strong></em>
<em><strong>(See Rule 4)</strong></em>
<em><strong>1. Brief description of the State, its boundaries and revenue districts. </strong></em>
<em><strong>2. Changes in Administrative Areas. </strong></em>
<em><strong>3. Explanation about the differences in Areas. </strong></em>
<em><strong>4. Changes in Registration Area – Extension. </strong></em>
<em><strong>5. Administrative set up of the registration machinery at various levels. </strong></em>
<em><strong>6. General response of the public towards this Act. </strong></em>
<em><strong>7. Notification of Births and Deaths </strong></em>
<em><strong>8. Progress in the medical certification of cause of death. </strong></em>
<em><strong>9. Maintenance of Records. </strong></em>
<em><strong>10. Search of Births and Deaths register for issue of certificates. </strong></em>
<em><strong>11. Delayed registration. </strong></em>
<em><strong>12. Prosecutions and compounding of offences. </strong></em>
<em><strong>13. Difficulties encountered in implementation of the Act. </strong></em>
<em><strong> i. Administrative. </strong></em>
<em><strong> ii. Others. </strong></em>
<em><strong>14. Orders and Instructions issued under the Act. </strong></em>
<em><strong>15. General remarks. FORM NO.1 BIRTH REPORT BIRTH REPORT In the case of multiple births, fill in a separate </strong></em>
<em><strong> Form for each child and write ‘Twin birth’ or FORM</strong></em>
<em><strong> Legal Information Statistical information ‘Triple birth’ etc., as the case may be, in the NO.1 </strong></em>
<em><strong> Remarks column in the box below left. </strong></em>
<em><strong> This part to be added to the Birth Register </strong></em>
<em><strong>This part to be detached and sent for statistical processingTo be filled by the </strong></em>
<em><strong>informant </strong></em>
<em><strong>1. Date of Birth : (Enter the exact day, month and year the </strong></em>
<em><strong>child was born e.g.1-1-2000) </strong></em>
<em><strong>2. Sex : (Enter “male” or “female” : </strong></em>
<em><strong>Do not use abbreviation) </strong></em>
<em><strong>3. Name of the child, if any : </strong></em>
<em><strong>(If not named, leave blank) </strong></em>
<em><strong>4. Name of the father : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>5. Name of the mother : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>6. Place of birth : (Tick the appropriate entry 1 or 2 below and </strong></em>
<em><strong>give the name of the Hospital/institution or the address of </strong></em>
<em><strong>the house where the birth took place) </strong></em>
<em><strong>1. Hospital / Institution Name : </strong></em>
<em><strong>2. House 3. Address : </strong></em>
<em><strong>7. Informant’s name : </strong></em>
<em><strong>Address : </strong></em>
<em><strong>(After completing </strong></em>
<em><strong>all columns 1 to 20, </strong></em>
<em><strong>informant will put data </strong></em>
<em><strong>and signature here ) </strong></em>
<em><strong>Date: Signature or the left thumb mark of the informant </strong></em>
<em><strong>To be filled by the Registrar </strong></em>
<em><strong>Registration No : Registration Date : </strong></em>
<em><strong>Registration Unit : </strong></em>
<em><strong>Town/Village ; District : </strong></em>
<em><strong>Remarks : (If any) </strong></em>

<em><strong>Name and Signature of the Registrar </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>8. Town or Village of Residence of the mother: (Place where </strong></em>
<em><strong>the mother usually lives. This can be different from the </strong></em>
<em><strong>place where the delivery occurred. The house address is not </strong></em>
<em><strong>required to be entered.) </strong></em>
<em><strong>a) Name of the Town/Village : </strong></em>
<em><strong>b) Is it a town or village:(Tick the appropriate entry </strong></em>
<em><strong>below) </strong></em>
<em><strong>1. Town 2. Village </strong></em>
<em><strong>9. Religion of the Family:(Tick the appropriate entry below) </strong></em>
<em><strong>1. Hindu 2.Muslim 3. Christian </strong></em>
<em><strong>4. Any other religion <img src='http://s0.wp.com/wp-includes/images/smilies/icon_sad.gif' alt=':(' class='wp-smiley' /> write name of the religion) </strong></em>
<em><strong> 10. Father’s level of education : </strong></em>
<em><strong>(Enter the completed level of </strong></em>
<em><strong>education e.g. if studied upto </strong></em>
<em><strong>class VII but passed only class </strong></em>
<em><strong>VI, write class VI) </strong></em>
<em><strong>11. Mother’s level of education : </strong></em>
<em><strong>(Enter the completed level of </strong></em>
<em><strong>education e.g. if studied upto </strong></em>
<em><strong>class VII but passed only class </strong></em>
<em><strong>VI, write class VI) </strong></em>
<em><strong>12. Father’s occupation : </strong></em>
<em><strong>(If no occupation write ‘Nil”) </strong></em>
<em><strong>13. Mother’s occupation : </strong></em>
<em><strong>(If no occupation write ‘Nil”) </strong></em>
<em><strong>To be filled by the Registrar </strong></em>
<em><strong>Name of the District: </strong></em>
<em><strong>Code No. </strong></em>
<em><strong>Tahsil : </strong></em>
<em><strong>Town/Village : </strong></em>
<em><strong>Registration Unit : </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>14. Age of the mother (in completed years) at the time of marriage : (If </strong></em>
<em><strong>married more than once, age at first marriage may be recorded) </strong></em>
<em><strong>15. Age of the mother (in completed years) at the time of this birth : </strong></em>
<em><strong>16. Number of children born alive to the mother so far including this </strong></em>
<em><strong>child ; (Number of children born alive to include also those from </strong></em>
<em><strong>earlier marriage(s), if any) </strong></em>
<em><strong>17. Type of attention at delivery : (Tick the appropriate entry below) </strong></em>
<em><strong>1. Institutional – Government </strong></em>
<em><strong>2. Institutional – Private or Non-Government </strong></em>
<em><strong>3. Doctor, Nurse or Trained midwife </strong></em>
<em><strong>4. Traditional Birth Attendant </strong></em>
<em><strong>5. Relatives or others </strong></em>
<em><strong>18. Method of Delivery : (Tick the appropriate entry below) </strong></em>
<em><strong>19.Birth Weight in Kgs (if available) </strong></em>
<em><strong>20. Duration of Pregnancy (in weeks) </strong></em>
<em><strong>1. Natural </strong></em>
<em><strong>2. Caesarean </strong></em>
<em><strong>3. Forceps/Vaccum </strong></em>
<em><strong>(Columns to be filled are over. Now put signature at left) </strong></em>
<em><strong>Registration No : Registration Date : </strong></em>
<em><strong>Date of Birth : </strong></em>
<em><strong>Sex : 1. Male 2. Female </strong></em>
<em><strong>Place of Birth: 1. Hospital /Institution 2. House </strong></em>
<em><strong> Name and Signature of the Registrar DEATH REPORT Form No.2</strong></em>
<em><strong>FORM NO.2 DEATH REPORT </strong></em>

<em><strong> Legal information Statistical Information </strong></em>
<em><strong>(This part to be added to the Death Register) This part to be detached and sent for statistical processing </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>1. Date of Death : (Enter the exact day, </strong></em>
<em><strong>month and year the death took place </strong></em>
<em><strong>e.g. 1-1-2000) </strong></em>
<em><strong>2. Name of the Deceased : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>3. Sex of the Deceased : (Enter “male” or “female” : do not use abbreviation) </strong></em>
<em><strong>4. Age pf the deceased: (If the deceased was over 1year of age, give age in completed years. If the </strong></em>
<em><strong>deceased was below 1 year of age, give age in months, and if below 1 month give age in </strong></em>
<em><strong>completed number of days and if below one day, in hours) </strong></em>
<em><strong>5. Place of death: (Tick the appropriate entry 1,2 or 3 below and give the name of the </strong></em>
<em><strong>Hospital/Institution or the address of the house where the death took place. If other place, given </strong></em>
<em><strong>location) </strong></em>
<em><strong>1. Hospital / Institution Name: </strong></em>
<em><strong>2. House Address : </strong></em>
<em><strong>3. Other Place </strong></em>
<em><strong>6. Informant’s name : </strong></em>
<em><strong>(After completing all </strong></em>
<em><strong>columns 1 to 11, informant </strong></em>
<em><strong>will put date and signature here) </strong></em>
<em><strong>Date : Signature or left thumb mark of the </strong></em>
<em><strong>informant </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>7. Town or Village of Residence of the deceased : (Place where the deceased </strong></em>
<em><strong>actually lived. This can be different from the place where the death </strong></em>
<em><strong>occurred. The house address is not required to be entered.) </strong></em>
<em><strong>a) Name of Town / Village : </strong></em>
<em><strong>b) Is it a town or village : (Tick the appropriate entry below) </strong></em>
<em><strong>1. Town 2. Village </strong></em>
<em><strong>c) Name of District : </strong></em>
<em><strong>d) Name of State : </strong></em>
<em><strong> 8. Religion <img src='http://s0.wp.com/wp-includes/images/smilies/icon_sad.gif' alt=':(' class='wp-smiley' /> Tick the appropriate entry below) </strong></em>
<em><strong>1. Hindu 2.Muslim 3. Christian </strong></em>
<em><strong>4. Any other religion <img src='http://s0.wp.com/wp-includes/images/smilies/icon_sad.gif' alt=':(' class='wp-smiley' /> write name of the religion) </strong></em>
<em><strong> 9. Occupation of the deceased : </strong></em>
<em><strong> (If no occupation write ‘Nil’) </strong></em>
<em><strong>10. Type of medical attention received before death : (Tick the appropriate </strong></em>
<em><strong>entry below) </strong></em>
<em><strong>1. Institutional </strong></em>
<em><strong>2. Medical attention other than Institution: </strong></em>
<em><strong>3. No Medical attention </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>11.Was the cause of death medically certified ? (tick the </strong></em>
<em><strong>appropriate entry below) </strong></em>
<em><strong> 1. Yes 2. No </strong></em>
<em><strong>12. In case this is a female death, did the death occur while </strong></em>
<em><strong>pregnant, at the time of delivery or within 6 weeks after the </strong></em>
<em><strong>end of pregnancy: </strong></em>
<em><strong> 1. Yes 2. No </strong></em>
<em><strong>13. If used to habitually smoke – for how many years? </strong></em>
<em><strong>14. If used to habitually chew tobacco in any form – for how </strong></em>
<em><strong>many year ? </strong></em>
<em><strong>15. If used to habitually chew (including pan masala) – for </strong></em>
<em><strong>how many years? </strong></em>
<em><strong>16. If used to habitually drink alcohol – for how many years? </strong></em>
<em><strong>(Columns to be filled are over. Now put signature at left0 </strong></em>
<em><strong>To be filled by the Registrar </strong></em>
<em><strong>Registration No : Registration Date : Registration Unit : </strong></em>
<em><strong>Town/Village :; District : </strong></em>
<em><strong>Remarks : (If any) </strong></em>
<em><strong> Name and Signature of the </strong></em>
<em><strong>Registrar </strong></em>

<em><strong> To be filled by the Registrar </strong></em>
<em><strong> Name of the District: Code No. </strong></em>
<em><strong>Tahsil : </strong></em>
<em><strong>Town/Village : </strong></em>
<em><strong>Registration Unit : </strong></em>
<em><strong>Registration No : Registration Date : </strong></em>
<em><strong>Date of Death : </strong></em>
<em><strong>Sex: 1. Male 2. Female </strong></em>
<em><strong>Place of Birth: 1. Hospital /Institution 2. House </strong></em>
<em><strong>3. Other </strong></em>
<em><strong> Name and Signature of the Registrar FORM NO.3 STILL BIRTH REPORT STILL BIRTH REPORT In the case of multiple FORM NO.3 </strong></em>
<em><strong> Legal information Statistical Information Births, fill in a separate fo </strong></em>
<em><strong>This part to be added to the Still Birth Register This part to be detached and sent for statistical processing for which child and write “Twin </strong></em>
<em><strong> Birth” or “Triple birth” etc, as the </strong></em>
<em><strong> case maybe, in the remarks column </strong></em>
<em><strong> In the box below left. </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>1. Date of Birth : (Enter the exact day, month and year e.g.1-1-2000) </strong></em>
<em><strong>2. Sex : (Enter “male” or “female”) </strong></em>
<em><strong>(Do not use abbreviation) </strong></em>
<em><strong>3. Name of the father : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>4. Name of the mother: </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>5. Place of birth : </strong></em>
<em><strong>(Tick the appropriate entry below and give the name </strong></em>
<em><strong>of the Hospital/Institution or the address of the house </strong></em>
<em><strong>where the birth took place) </strong></em>
<em><strong>1. Hospital / Institution Name </strong></em>
<em><strong>2. House Address : </strong></em>
<em><strong>6. Informant’s Name : </strong></em>
<em><strong>Address : </strong></em>
<em><strong>(After completing all columns </strong></em>
<em><strong>1 to 12, informant will put date </strong></em>
<em><strong>and signature here:) </strong></em>
<em><strong>Date : Signature or left thumb mark of the informant</strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>7. Town or Village of Residence of the mother: (Place where the mother usually lives. This can be different from the place where </strong></em>
<em><strong>the delivery occurred. The house address is not required to be entered.) </strong></em>
<em><strong>a) Name of the Village : </strong></em>
<em><strong>b) Is it a town or Village : (Tickthe appropriate entry below) </strong></em>
<em><strong>1. Town 2, Village </strong></em>
<em><strong>c) Name of District : </strong></em>
<em><strong>d) Name of State : </strong></em>
<em><strong>8. Age of the mother (In completed years) </strong></em>
<em><strong>at the time of this birth ; </strong></em>
<em><strong>9. Mother’s level of education : </strong></em>
<em><strong>(Enter the completed level of education </strong></em>
<em><strong>e.g. If studied upto class VII but passed </strong></em>
<em><strong>only class VI, write class VI) </strong></em>
<em><strong>10. Type of attention at delivery : (Tick the appropriate entry below) </strong></em>
<em><strong>1. Institutional – government </strong></em>
<em><strong>2. Institutional – Private or Non-Government </strong></em>
<em><strong>3. Doctor, Nurse or Trained midwife </strong></em>
<em><strong>4. Traditional Birth Attendant </strong></em>
<em><strong>5. Relatives or others </strong></em>
<em><strong>11. Duration of Pregnancy : ( In weeks) </strong></em>
<em><strong>12. Cause of total death : (if known) </strong></em>
<em><strong>(Columns to be filled are over, Now put signature at left) </strong></em>
<em><strong> To be filled by the Registrar </strong></em>
<em><strong>Registration No : </strong></em>
<em><strong>Registration Date : </strong></em>
<em><strong>Registration Unit : </strong></em>
<em><strong>Town/Village :; District : </strong></em>
<em><strong>Remarks : (If any) </strong></em>
<em><strong> Name and Signature of the Registrar </strong></em>

<em><strong>To be filled by the Registrar </strong></em>
<em><strong>Name of the District Code No. </strong></em>
<em><strong>Tahsil : Town/Village : </strong></em>
<em><strong>Registration Unit : </strong></em>
<em><strong>Registration No : Registration Date : </strong></em>
<em><strong>Date of Birth : </strong></em>
<em><strong>Sex: 1. Male 2. Female </strong></em>
<em><strong>Place of Birth: 1. Hospital /Institution 2. House </strong></em>
<em><strong>3. Other </strong></em>
<em><strong> Name and Signature of the </strong></em>
<em><strong>Registrar FORM No.4 </strong></em>
<em><strong>(See Rule 7) </strong></em>
<em><strong>MEDICAL CERTIFICATE OF CAUSE OF DEATH </strong></em>
<em><strong>(Hospital in-patients. Not to be used for still-births) </strong></em>
<em><strong>To be sent to Registrar along with Form No.2 (Death Report) </strong></em>
<em><strong>Name of the Hospital…………………………………………………………………… </strong></em>
<em><strong>I hereby certify that the person whose particulars are given below died in the hospital in Ward </strong></em>
<em><strong>No………on……………… at ………………… A.M/P.M. </strong></em>
<em><strong>NAME OF DECEASED </strong></em>
<em><strong>Age at Death </strong></em>
<em><strong>Sex If one year or </strong></em>
<em><strong>more, age in years </strong></em>
<em><strong>If less than 1 year, </strong></em>
<em><strong>age in months </strong></em>
<em><strong>If less than one </strong></em>
<em><strong>month, age in days </strong></em>
<em><strong>If less than one day, </strong></em>
<em><strong>age in hours </strong></em>
<em><strong>For use of </strong></em>
<em><strong>Statistical </strong></em>
<em><strong>Office </strong></em>
<em><strong>1.Male </strong></em>
<em><strong>2.Female </strong></em>

<em><strong>CAUSE OF DEATH </strong></em>

<em><strong>a) …………………….…… </strong></em>
<em><strong>I due to (or as a consequences of )</strong></em>
<em><strong>Immediate cause </strong></em>
<em><strong> State the disease, injury or complication which </strong></em>
<em><strong> caused death, not the mode of dying such as </strong></em>
<em><strong> heart failure asthenia, etc. </strong></em>
<em><strong>( Antecedent cause </strong></em>
<em><strong>b)……………………………... </strong></em>
<em><strong> due to (or as a consequences of) </strong></em>
<em><strong> Morbid conditions, if any, giving rise to the </strong></em>
<em><strong> Above cause, stating underlying conditions last </strong></em>
<em><strong>II. (c)…………………………… </strong></em>
<em><strong>Other significant conditions contributing to the death …………………… </strong></em>
<em><strong>but not related to the disease or condition causing it. …………………… </strong></em>
<em><strong>Interval between </strong></em>
<em><strong>onset And death </strong></em>
<em><strong>approx </strong></em>
<em><strong>……………………. </strong></em>
<em><strong>……………………. </strong></em>
<em><strong>……………………. </strong></em>
<em><strong>……………….. </strong></em>
<em><strong>……………….. </strong></em>
<em><strong>……………….. </strong></em>
<em><strong>Manner of Death: How did the injury occur ? </strong></em>
<em><strong>1. Natural 2.Accident 3. Suicide 4.Homicide 5. Pending investigation </strong></em>
<em><strong>____________________________________________________________________________________________ </strong></em>
<em><strong>If deceased was a female, was pregnancy associated with the death? 1.Yes 2. No </strong></em>
<em><strong>If yes, was there a delivery ? 1. Yes 2. No </strong></em>
<em><strong>____________________________________________________________________________________________ </strong></em>
<em><strong> Name and signature of the Medical Attendant certifying the cause of </strong></em>
<em><strong>death </strong></em>
<em><strong> Date of verification……………..………………………………….. </strong></em>
<em><strong>____________________________________________________________________________________________ </strong></em>
<em><strong> SEE REVERSE FOR INSTRUCTIONS </strong></em>
<em><strong>____________________________________________________________________________________________ </strong></em>
<em><strong>( To be detached and handed over to the relative of the deceased ) </strong></em>
<em><strong>Certified that Shri/Smt/Kum…………………………………………………S/W/D of Shri………………………………… R/O </strong></em>
<em><strong>……………………………………………………………was admitted to this hospital on …………………………… and expired on </strong></em>
<em><strong>……………………………. (Medical Supdt. </strong></em>
<em><strong> Name of Hospital ) Doctor………………………… MEDICAL CERTIFICATE OF CAUSE OF DEATH </strong></em>
<em><strong>Directions for completing the form </strong></em>
<em><strong>Name of deceased: To be given in full. Do not use initials. If deceased is an infant, not yet married at time of death, write. ‘Son of (S/o)’ or ‘Daughter </strong></em>
<em><strong>of (D/o)’ , followed by names of mother and father. </strong></em>
<em><strong>Age: If the deceased was over 1 year of age, give age in completed years. If the deceased was below 1 year of age, give age in months and if below 1 </strong></em>
<em><strong>month give age in completed number of days, and if below one day, in hours. </strong></em>
<em><strong>Cause of death: This part of the form should always be completed or the attending physician personally. </strong></em>
<em><strong> The certificate of cause of death is divided into two parts, I and II. Part I is again divided into three parts lines (a)(b)(c). If a single morbid </strong></em>
<em><strong>condition complexity explains the deaths, than this will be written on line (a) of Part I, and nothing more need be written in the rest of part I or in Part </strong></em>
<em><strong>II, or example, amallpox, lobar pneurcnia, cardlac, beriberl, are sufficient cause of death and usually nothing more is needed. </strong></em>
<em><strong> Often however, a number of morbid conditions will have been present at death, and the doctor must than complete the certificate in the </strong></em>
<em><strong>proper manner so that the correct underlying cause will be tabulated. First, enter the Part I (a) the immediate cause of death. This does not mean the </strong></em>
<em><strong>made of dying, e.g., heart failure, respiratory failure, etc. These terms should not appear on the certificate at all since they are modes of dying and not </strong></em>
<em><strong>cause of death. Next consider whether the immediate cause is a comparison or delayed result of some other cause. If so, enter the antecedent cause in </strong></em>
<em><strong>Part I, line (b). Sometimes there will be three stages in the course of events leading to death. If so, line (c) will be completed. The underlying cause to </strong></em>
<em><strong>be tabulated is always written last in Part I. </strong></em>
<em><strong> Morbid conditions or injuries may be present which were not directly related to the train of events causing death but which contributed in </strong></em>
<em><strong>some way to the fatal outcome. Sometimes the doctor finds it difficult to decide, especially for infant deaths, which of several independent conditions </strong></em>
<em><strong>was the primary cause of death; but only one cause can be tabulated, so the doctor must decide. If the other diseases are not effects of the underlying </strong></em>
<em><strong>cause, they are entered in Part II. </strong></em>
<em><strong> Do not write two or more conditions on a single line. Please write the names of the diseases (in full) in the certificate as eligibly as </strong></em>
<em><strong>possible to avoid the risk of their being misread. </strong></em>
<em><strong>Onset: Complete the column for interval between onset and death whenever possible, even if very approximately, e.g., “From birth” “several years”. </strong></em>
<em><strong>Accident or violent deaths: Both the external cause and the nature of the injury are needed and should be stated. The doctor or hospital should always </strong></em>
<em><strong>be able to describe the injury, stating the part of the body injured, and should give the external cause in full when this is shown. Example: (a) </strong></em>
<em><strong>Hypostatic pneumonia; (b) Fracture of neck of fernur; (c) Fall from ladder at home. </strong></em>
<em><strong>Old age or senllity : Old age (or senllity) should be not given as a cause of death. If a more specific cause is known. If old age was a contributory </strong></em>
<em><strong>factor, it should entered in Part II. Example: (a) Chronic bronchitis, II old age. </strong></em>
<em><strong>Completeness of information: A complete case of history is not wanted, but if the information is available, enough details should be given to enable </strong></em>
<em><strong>the underlying cause to be properly classified. </strong></em>
<em><strong>Example : Aneemia – Give type of anaemia, If known. Neoplasms – Indicate whether benign or mallgnant, and alte, with site of primary neoplasm, </strong></em>
<em><strong>whenever, possible. Heart disease – Describe the condition specifically; if congestive heart failure, chronic on pulmonale, etc., are mentioned, give </strong></em>
<em><strong>the antecedent conditions. Tetanus – Describe the antecedent injury, if known. Operation – State the condition for which the operation was </strong></em>
<em><strong>performed. Dysentry – Specify whether bacllary, amoebic, etc., if know. Complications of pregnancy or delivery – Describe the complications </strong></em>
<em><strong>specifically Tuberculosis – Give organs affected. </strong></em>
<em><strong>Symptomatic Statement: Convulsions, diarhoea, fever, ascites, jaundice, debllity etc., are symptoms which may be due to any one of a number of </strong></em>
<em><strong>different conditions. Sometimes nothing more is know, but whenever possible, give the disease which caused the symptom. </strong></em>
<em><strong>Manner of death: Deaths not due to external cause should be identified as ‘Natural’. If the cause of death is known, but it is not known whether it was </strong></em>
<em><strong>the result of an accident suicide or homicide and is subject to further investigation, the cause of death should invariably be filled in and the manner of </strong></em>
<em><strong>death should be shown as ‘Pending Investigation’. </strong></em>
<em><strong> FORM No. 4 A </strong></em>
<em><strong>(See Rule 7) </strong></em>
<em><strong>MEDICAL CERTIFICATE OF CAUSE OF DEATH </strong></em>
<em><strong>(For non-institutional deaths. Not to be used for still-births) </strong></em>
<em><strong>To be sent to Registrar along with Form No.2 (Death Report) </strong></em>
<em><strong>I hereby certify that the deceased Sri/Smt/Kum…………………………………………………………………….Son of </strong></em>
<em><strong>/Wife of /Daughter of …………………………Resident of …………………..was under my treatment </strong></em>
<em><strong>from:………………………to …………………….and he/she died on…………………………….at </strong></em>
<em><strong>……….………A.M/P.M. </strong></em>
<em><strong>NAME OF DECEASED </strong></em>
<em><strong>Age at Death </strong></em>
<em><strong>Sex If one year or </strong></em>
<em><strong>more,age in years </strong></em>
<em><strong>If less than 1 year, </strong></em>
<em><strong>Age in months </strong></em>
<em><strong>If less than one </strong></em>
<em><strong>month, age in days </strong></em>
<em><strong>If less than one day, </strong></em>
<em><strong>age in hours </strong></em>
<em><strong>For use of </strong></em>
<em><strong>Statistical </strong></em>
<em><strong>Office </strong></em>
<em><strong>1.Male </strong></em>
<em><strong>2.Female </strong></em>

<em><strong>CAUSE OF DEATH </strong></em>
<em><strong>I a)…………………………….… </strong></em>
<em><strong>Immediate cause due to (or as a consequences of ) </strong></em>
<em><strong> State the disease, injury or complication which </strong></em>
<em><strong> Caused death, not the mode of dying such as </strong></em>
<em><strong> heart failure, asthenia, etc. </strong></em>
<em><strong>Antecedent cause </strong></em>
<em><strong>Morbid conditions, if any, giving rise to the </strong></em>
<em><strong>Above cause, stating underlying conditions last (b)………………………………... </strong></em>
<em><strong> due to (or as a consequences of) </strong></em>
<em><strong>(c)…………………………………... </strong></em>
<em><strong>II. </strong></em>
<em><strong>Other significant conditions contributing to the death …………………………… </strong></em>
<em><strong>but not related to the disease or condition causing it. ………………….………….. </strong></em>

<em><strong>Interval between onset </strong></em>
<em><strong>And death approx </strong></em>
<em><strong>………………………. </strong></em>
<em><strong>………………………. </strong></em>
<em><strong>………………………. </strong></em>
<em><strong>………………………. </strong></em>
<em><strong>……………. </strong></em>
<em><strong>……………. </strong></em>
<em><strong>……………. </strong></em>
<em><strong>…………….. </strong></em>
<em><strong>If deceased was a female, was pregnancy associated with the death? 1.Yes 2. </strong></em>
<em><strong>No </strong></em>
<em><strong>If yes, was there a delivery ? 1. Yes 2.No </strong></em>
<em><strong>________________________________________________________________________________________________</strong></em>
<em><strong>_ </strong></em>
<em><strong> Name and signature of the Medical Attendant certifying the cause of </strong></em>
<em><strong>death </strong></em>
<em><strong> Date of </strong></em>
<em><strong>verification……………………..………………………………….. </strong></em>
<em><strong>________________________________________________________________________________________________ </strong></em>
<em><strong>SEE REVERSE FOR INSTRUCTIONS </strong></em>
<em><strong>________________________________________________________________________________________________</strong></em>
<em><strong>___ </strong></em>
<em><strong>( To be detached and handed over to the relative of the deceased ) </strong></em>
<em><strong>Certified that Shri/Smt/Kum……………………………………………S/W/D of </strong></em>
<em><strong>Shri………………………………………… </strong></em>
<em><strong>R/O ………………………………………was under my treatment from : …………………………..to : </strong></em>
<em><strong>…………………….. </strong></em>
<em><strong>And he/she expired on …………………………….at ……………………………..A.M/P.M. </strong></em>
<em><strong> Doctor……………..………………………… </strong></em>
<em><strong> Signature and address of Medical Practitioner/ </strong></em>
<em><strong> Medical attendant with Registration No. MEDICAL CERTIFICATE OF CAUSE OF DEATH </strong></em>
<em><strong>Directions for completing the form </strong></em>
<em><strong>Name of deceased: To be given in full. Do not use initials. If deceased is an infant, not yet married at time of death, write. ‘Son of </strong></em>
<em><strong>(S/o)’ or ‘Daughter of (D/o)’ , followed by names of mother and father. </strong></em>
<em><strong>Age: If the deceased was over 1 year of age, give age in completed years. If the deceased was below 1 year of age, give age in </strong></em>
<em><strong>months and if below 1 month give age in completed number of days, and if below one day, in hours. </strong></em>
<em><strong>Cause of death: This part of the form should always be completed or the attending physician personally. </strong></em>
<em><strong> The certificate of cause of death is divided into two parts, I and II. Part I is again divided into three parts lines (a)(b)(c). If </strong></em>
<em><strong>a single morbid condition complexity explains the deaths, than this will be written on line (a) of Part I, and nothing more need be </strong></em>
<em><strong>written in the rest of part I or in Part II, or example, amallpox, lobar pneurcnia, cardlac, beriberl, are sufficient cause of death and </strong></em>
<em><strong>usually nothing more is needed. </strong></em>
<em><strong> Often however, a number of morbid conditions will have been present at death, and the doctor must than complete the </strong></em>
<em><strong>certificate in the proper manner so that the correct underlying cause will be tabulated. First, enter the Part I (a) the immediate cause </strong></em>
<em><strong>of death. This does not mean the made of dying, e.g., heart failure, respiratory failure, etc. These terms should not appear on the </strong></em>
<em><strong>certificate at all since they are modes of dying and not cause of death. Next consider whether the immediate cause is a comparison or </strong></em>
<em><strong>delayed result of some other cause. If so, enter the antecedent cause in Part I, line (b). Sometimes there will be three stages in the </strong></em>
<em><strong>course of events leading to death. If so, line (c) will be completed. The underlying cause to be tabulated is always written last in Part </strong></em>
<em><strong>I. </strong></em>
<em><strong> Morbid conditions or injuries may be present which were not directly related to the train of events causing death but which </strong></em>
<em><strong>contributed in some way to the fatal outcome. Sometimes the doctor finds it difficult to decide, especially for infant deaths, which of </strong></em>
<em><strong>several independent conditions was the primary cause of death; but only one cause can be tabulated, so the doctor must decide. If the </strong></em>
<em><strong>other diseases are not effects of the underlying cause, they are entered in Part II. </strong></em>
<em><strong> Do not write two or more conditions on a single line. Please write the names of the diseases (in full) in the certificate as </strong></em>
<em><strong>eligibly as possible to avoid the risk of their being misread. </strong></em>
<em><strong>Onset: Complete the column for interval between onset and death whenever possible, even if very approximately, e.g., “From birth” </strong></em>
<em><strong>“several years”. </strong></em>
<em><strong>Accident or violent deaths: Both the external cause and the nature of the injury are needed and should be stated. The doctor or</strong></em>
<em><strong>hospital should always be able to describe the injury, stating the part of the body injured, and should give the external cause in full </strong></em>
<em><strong>when this is shown. Example: (a) Hypostatic pneumonia; (b) Fracture of neck of fernur; (c) Fall from ladder at home. </strong></em>
<em><strong>Old age or senllity : Old age (or senllity) should be not given as a cause of death. If a more specific cause is known. If old age was a </strong></em>
<em><strong>contributory factor, it should entered in Part II. Example: (a) Chronic bronchitis, II old age. </strong></em>
<em><strong>Completeness of information: A complete case of history is not wanted, but if the information is available, enough details should be </strong></em>
<em><strong>given to enable the underlying cause to be properly classified. </strong></em>
<em><strong>Example : Aneemia – Give type of anaemia, If known. Neoplasms – Indicate whether benign or mallgnant, and alte, with site of </strong></em>
<em><strong>primary neoplasm, whenever, possible. Heart disease – Describe the condition specifically; if congestive heart failure, chronic on </strong></em>
<em><strong>pulmonale, etc., are mentioned, give the antecedent conditions. Tetanus – Describe the antecedent injury, if known. Operation –</strong></em>
<em><strong>State the condition for which the operation was performed. Dysentry – Specify whether bacllary, amoebic, etc., if know. </strong></em>
<em><strong>Complications of pregnancy or delivery – Describe the complications specifically Tuberculosis – Give organs affected. </strong></em>
<em><strong>Symptomatic Statement: Convulsions, diarhoea, fever, ascites, jaundice, debllity etc., are symptoms which may be due to any one of </strong></em>
<em><strong>a number of different conditions. Sometimes nothing more is know, but whenever possible, give the disease which caused the </strong></em>
<em><strong>symptom. </strong></em>
<em><strong>Manner of death: Deaths not due to external cause should be identified as ‘Natural’. If the cause of death is known, but it is not </strong></em>
<em><strong>known whether it was the result of an accident suicide or homicide and is subject to further investigation, the cause of death should </strong></em>
<em><strong>invariably be filled in and the manner of death should be shown as ‘Pending Investigation’. </strong></em>
<em><strong> FORM NO.5 </strong></em>
<em><strong>(See Rule 8) </strong></em>
<em><strong>BIRTH CERTIFICATE </strong></em>
<em><strong>(Issued under Section 12/17) </strong></em>
<em><strong> This is to certify that the following information has been taken from the original record of birth </strong></em>
<em><strong>which is the register for (Local Area) </strong></em>
<em><strong>……………………………………………………………………………… </strong></em>
<em><strong>Of Tahsil …………………………………………… of </strong></em>
<em><strong>District…………………………………………………………… </strong></em>
<em><strong>Of State………………………………………………………………………… </strong></em>
<em><strong>Name ………………………………………………………… </strong></em>
<em><strong>Sex ………………………………………………………… </strong></em>
<em><strong>Date of Birth ………………………………………………………… </strong></em>
<em><strong>Place of Birth ………………………………………………………… </strong></em>
<em><strong>Name of Father ………………………………………………………… </strong></em>
<em><strong>Name of Mother ………………………………………………………… </strong></em>
<em><strong>Registration No………………………………………………………… </strong></em>
<em><strong>Date of Registration ………………………………………………………… </strong></em>
<em><strong>Date ………………………………………………………… Signature of issuing authority </strong></em>
<em><strong> Seal FORM NO.6 </strong></em>
<em><strong>(See Rule 8) </strong></em>
<em><strong>DEATH CERTIFICATE </strong></em>
<em><strong>(Issued under Section 12/17) </strong></em>
<em><strong> This is to certify that the following information has been taken from the original record of death </strong></em>
<em><strong>which is the register for (Local Area) </strong></em>
<em><strong>……………………………………………………………………………… </strong></em>
<em><strong>Of Tahsil …………………………………………… of </strong></em>
<em><strong>District…………………………………………………………… </strong></em>
<em><strong>Of State………………………………………………………………………… </strong></em>
<em><strong>Name ………………………………………………………… </strong></em>
<em><strong>Sex ………………………………………………………… </strong></em>
<em><strong>Date of Death ………………………………………………………… </strong></em>
<em><strong>Place of Death ………………………………………………………… </strong></em>
<em><strong>Registration No………………………………………………………… </strong></em>
<em><strong>Date of Registration ………………………………………………………… </strong></em>
<em><strong>Date ………………………………………………………… Signature of issuing authority </strong></em>
<em><strong> Seal </strong></em>
<em><strong>No disclosure shall be made of particulars regarding the cause of death as entered in the Register. </strong></em>
<em><strong>See provision to section 17(1). FORM NO.7 </strong></em>
<em><strong>(See Rule 12) </strong></em>
<em><strong>BIRTH REGISTER </strong></em>
<em><strong> BIRTH REPORT </strong></em>
<em><strong>Legal Information </strong></em>
<em><strong>This part to be added to the Birth Register </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong> Date of Birth : (Enter the exact day, </strong></em>
<em><strong>month and year the child was born e.g.1-1-2000) </strong></em>
<em><strong>Sex : (Enter “male” or “female” : </strong></em>
<em><strong>Do not use abbreviation) </strong></em>
<em><strong>Name of the child, if any : </strong></em>
<em><strong>(If any named, leave blank) </strong></em>
<em><strong>Name of the father : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>Name of the mother : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>Place of birth : (Tick the appropriate entry 1 or 2 below and </strong></em>
<em><strong>give the name of the Hospital/institution or the address of the </strong></em>
<em><strong>house where the birth took place) </strong></em>
<em><strong>1.Hospital / Institution Name : </strong></em>
<em><strong>2. House 3. Address : </strong></em>
<em><strong>Informant’s name : </strong></em>
<em><strong>Address : </strong></em>
<em><strong>(After completing </strong></em>
<em><strong>all columns 1 to 20, </strong></em>
<em><strong>informant will put data </strong></em>
<em><strong>and signature here ) </strong></em>
<em><strong>Date: Signature of the left thumb mark of the informant</strong></em>
<em><strong>To be filled by the Registrar </strong></em>
<em><strong>Registration No : Registration Date : Registration Unit : </strong></em>
<em><strong>Town/Village : District : Remarks : (If any) </strong></em>

<em><strong> Name and Signature of the Registrar FORM NO.8 </strong></em>
<em><strong>(See Rule 12) </strong></em>
<em><strong>DEATH REGISTER </strong></em>
<em><strong>DEATH REPORT </strong></em>
<em><strong>Legal Information </strong></em>
<em><strong>This part to be added to the Death Register </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong> Date of Death : (Enter the exact day, </strong></em>
<em><strong>month and year the child was born e.g.1-1-2000) </strong></em>
<em><strong>Name of the Deceased : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>Sex of the deceased : </strong></em>
<em><strong>(Enter “male” or “female” ; do not use abbreviation) </strong></em>
<em><strong>Age of deceased: </strong></em>
<em><strong>(if the deceased was over 1 year of age, give </strong></em>
<em><strong>age in completed years. If the deceased was </strong></em>
<em><strong>below 1 year of age, give age in months, and </strong></em>
<em><strong>if below 1 month give age in completed </strong></em>
<em><strong>number of days, and if below one day, in hours) </strong></em>
<em><strong>Place of death : </strong></em>
<em><strong>(Tick the appropriate entry 1 or 2 below and </strong></em>
<em><strong>give the name of the Hospital/institution or </strong></em>
<em><strong>the address of the house where the death </strong></em>
<em><strong>took place) </strong></em>
<em><strong>1.Hospital / Institution Name : </strong></em>
<em><strong>2.House 3. Address : </strong></em>
<em><strong>Informant’s name : </strong></em>
<em><strong>Address : </strong></em>
<em><strong>(After completing </strong></em>
<em><strong>all columns 1 to 20, </strong></em>
<em><strong>informant will put data </strong></em>
<em><strong>and signature here ) </strong></em>
<em><strong>Date: Signature of the left thumb mark of the informant</strong></em>
<em><strong>To be filled by the Registrar </strong></em>
<em><strong>Registration No : Registration Date : Registration Unit : </strong></em>
<em><strong>Town/Village :; District : Remarks : (If any) </strong></em>

<em><strong> Name and Signature of the Registrar FORM NO.9 </strong></em>
<em><strong>(See Rule 12) </strong></em>
<em><strong>STILL BIRTH REGISTER </strong></em>
<em><strong>STILL BIRTH REPORT </strong></em>
<em><strong>Legal Information </strong></em>
<em><strong>This part to be added to the Death Register </strong></em>
<em><strong>To be filled by the informant </strong></em>
<em><strong>Date of Birth : </strong></em>
<em><strong>(Enter the exact day, month and year e.g.1-1-2000) </strong></em>
<em><strong>Sex : (Enter “male” or “female”) </strong></em>
<em><strong>(Do not use abbreviation) </strong></em>
<em><strong>Name of the father : </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>Name of the mother: </strong></em>
<em><strong>(Full name as usually written) </strong></em>
<em><strong>Place of birth : </strong></em>
<em><strong>(Tick the appropriate entry below and give the name </strong></em>
<em><strong>of the Hospital/Institution or the address of the house </strong></em>
<em><strong>where the birth took place) </strong></em>
<em><strong>1. Hospital / Institution Name </strong></em>
<em><strong>2. House 3. Address : </strong></em>
<em><strong>Informant’s Name : </strong></em>
<em><strong>Address : </strong></em>
<em><strong>(After completing all columns </strong></em>
<em><strong>1 to 12, informant will put date </strong></em>
<em><strong>and signature here <img src='http://s0.wp.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />  </strong></em>
<em><strong>Date : Signature or left thumb mark of the informant </strong></em>
<em><strong>To be filled by the Registrar </strong></em>
<em><strong>Registration No : Registration Date : Registration Unit : </strong></em>
<em><strong>Town/Village :; District : Remarks : (If any) </strong></em>

<em><strong> Name and Signature of the Registrar FORM NO.10 </strong></em>
<em><strong>(See Rule 13) </strong></em>
<em><strong>NON – AVAILABILITY CERTIFICATE </strong></em>
<em><strong>(Issued under Section 17 of the Registration of Births and Deaths Act, 1969) </strong></em>
<em><strong>This is to certify that a search has been made on the request of </strong></em>
<em><strong>Shri/Smt/Kum…………………………………………………………………………………………</strong></em>
<em><strong>…………………………….. Son/Wift/Daughter of </strong></em>
<em><strong>…………………………………………………………in the registration records for the year(s) </strong></em>
<em><strong>……………………………………..relating to (Local </strong></em>
<em><strong>area)…………………………………………………………………..of </strong></em>
<em><strong>(Tahsil)……………………………………………of </strong></em>
<em><strong>(District)………………………………………………… of </strong></em>
<em><strong>(State)……………………………………………….and found that the event relating to the </strong></em>
<em><strong>birth/death of……………………………………………….son/daughter </strong></em>
<em><strong>of…………………………………………….was not registered. </strong></em>
<em><strong>Date………………………….. Signature of issuing </strong></em>
<em><strong>authority </strong></em>
<em><strong> Seal FORM No.11 </strong></em>
<em><strong>[See Rule 14] </strong></em>
<em><strong>SUMMARY MONTHLY REPORT OF BIRTHS </strong></em>
<em><strong>1. Report for the month of :…………………………………………….year </strong></em>
<em><strong>:………………………. </strong></em>
<em><strong>2. District : </strong></em>
<em><strong>3. Town / Village : </strong></em>
<em><strong>4. Registration Unit : </strong></em>
<em><strong>5. Number of Births Registered : </strong></em>
<em><strong>a) Within one year of their occurrence : </strong></em>
<em><strong>b) After one year of their occurrence : </strong></em>
<em><strong> Total * (a + b) : </strong></em>
<em><strong>• Total should be equal to the number of Birth Report Forms [ Form No:1 ] attached with this </strong></em>
<em><strong> Monthly report. </strong></em>
<em><strong>Dated: Signature &#38; Name </strong></em>
<em><strong> of the Registrar</strong></em>
<em><strong> Submitted to the Chief Registrar / District Registrar.FORM No.12 </strong></em>
<em><strong>[See Rule 14] </strong></em>
<em><strong>SUMMARY MONTHLY REPORT OF DEATHS </strong></em>
<em><strong>1. Report for the month of :………………………………….year :………………………. </strong></em>
<em><strong>2. District : </strong></em>
<em><strong>3. Town / Village : </strong></em>
<em><strong>4. Registration Unit : </strong></em>
<em><strong>5. Details of Deaths Registered during the Month : </strong></em>
<em><strong>DEATHS </strong></em>
<em><strong>Registered within </strong></em>
<em><strong>one year of </strong></em>
<em><strong>occurrence </strong></em>
<em><strong>Registered after one </strong></em>
<em><strong>year of occurrence </strong></em>
<em><strong>Total * </strong></em>
<em><strong>INFANT DEATHS MATERNAL </strong></em>
<em><strong>DEATHS </strong></em>
<em><strong>1 2 3 4 5 </strong></em>

<em><strong>Note: Infant and Maternal Deaths should also be included in the Deaths. </strong></em>
<em><strong>• The number of Statistical Reporting Form (Form No.2) attached should be equal to the </strong></em>
<em><strong>number of deaths Registered. </strong></em>
<em><strong>Dated: Signature &#38; Name </strong></em>
<em><strong> of the Registrar </strong></em>
<em><strong> FORM No.13 </strong></em>
<em><strong>[See Rule 14] </strong></em>
<em><strong>SUMMARY MONTHLY REPORT OF STILL BIRTHS </strong></em>
<em><strong>1. Report for the month of:…………………………………………….year </strong></em>
<em><strong>:………………………. </strong></em>
<em><strong>2. District : </strong></em>
<em><strong>3. Town / Village: </strong></em>
<em><strong>4. Registration Unit : </strong></em>
<em><strong>5. Number of Still Births Registered :* </strong></em>
<em><strong>• Number of Still-births Registered should be equal to the number of Still Birth Report Forms </strong></em>
<em><strong>( Form No.3) attached with this monthly report. </strong></em>
<em><strong> Signature &#38; Name </strong></em>
<em><strong>Dated: of the Registrar </strong></em>
<em><strong> Submitted to the Chief Registrar / District Registrar. FORM NO.14 </strong></em>
<em><strong>INSPECTION REPORT </strong></em>
<em><strong>1. Particulars of the Registration Unit:- </strong></em>
<em><strong>a) Name :- </strong></em>
<em><strong>b) District / Mandal / Village /Gram Panchayat / Municipality :- </strong></em>
<em><strong>c) Rural / Urban </strong></em>
<em><strong>d) Population :- </strong></em>
<em><strong>e) Area :- </strong></em>
<em><strong>f) Whether the registration unit has a board ? Yes / No </strong></em>
<em><strong>2. Functioning of registration unit :- </strong></em>
<em><strong>a) Name of Registrar :- </strong></em>
<em><strong>b) Whether Trained ? </strong></em>
<em><strong>c) Whether jurisdiction of the registration centre is demarcated? Yes / No </strong></em>
<em><strong>d) Whether the notional map of the registration unit is kept? Yes / No </strong></em>
<em><strong>e) Whether blank registers and other forms are kept : </strong></em>
<em><strong>Stock lasting for a year/half-year/3months/less than 3 months? Yes / No </strong></em>
<em><strong>f) Whether a list of notifiers is maintained? Yes / No </strong></em>
<em><strong>g) Whether a list of hospitals/jails and other institutions is maintained? Yes / No </strong></em>
<em><strong>h) Whether a copy of the Act/Rules/Executives instructions is kept handy? Yes / No </strong></em>
<em><strong>i) Whether the norm on expected number of events supplied by the </strong></em>
<em><strong> Chief Registrar is readily available? Yes / No </strong></em>
<em><strong>3. Registering Performance </strong></em>
<em><strong>a) Whether each register begins from January and all pages are given serial numbers ? Yes / No </strong></em>
<em><strong>b) Whether registration records are generally kept neat and clean ? Yes / No </strong></em>
<em><strong>c) Whether records are kept in safe custody? Yes / No </strong></em>
<em><strong>d) Whether events reported are registered promptly ? Yes / No </strong></em>
<em><strong>e) Whether late and delayed events are registered according </strong></em>
<em><strong>to rules and instructions ? Yes / No </strong></em>
<em><strong>(Please ensure that letter “D” or its regional equivalent is added before the </strong></em>
<em><strong>Serial Nos of delayed events not relating to the year of reporting) </strong></em>
<em><strong>f) Whether Corrections, if any are made in the manner prescribed Yes / No </strong></em>
<em><strong>g) Whether follow up action is taken on the information received from notifiers? Yes / No </strong></em>
<em><strong>h) No. of Institutions reporting the vital events </strong></em>
<em><strong>i. Regularly </strong></em>
<em><strong>ii. Occasionally </strong></em>
<em><strong>iii. Never </strong></em>
<em><strong>i) Date of sending of the last returns Yes / No </strong></em>
<em><strong>j) No. of returns due but not sent :- </strong></em>
<em><strong>k) Whether medical certificates are linked and sent along with the return ? </strong></em>
<em><strong>l) Whether record relating to previous years have been sent to the </strong></em>
<em><strong>concerned officer ? Yes / No 4. Remarks of the Inspecting Officers </strong></em>
<em><strong>a) Date of Inspection :- </strong></em>
<em><strong>b) Date of last Inspection :- </strong></em>
<em><strong>c) No. of spot verification made ………………………………………………….. </strong></em>
<em><strong>Births ………………………..Still Births …………………Deaths </strong></em>
<em><strong>d) No. of the events detected which are not recorded………………………………. </strong></em>
<em><strong>Births ………………………..Still Births …………………Deaths </strong></em>
<em><strong>e) No. of events found registered which did not occur…………………………. </strong></em>
<em><strong>Within the jurisdiction of the registration units </strong></em>
<em><strong>f) Total No. of cumulative events registered………………………. </strong></em>
<em><strong>Births ………………………..Still Births …………………Deaths </strong></em>
<em><strong>g) Whether these are consistent with the norms provided? </strong></em>
<em><strong>h) Overall assessment_______ </strong></em>
<em><strong>Very Good/Satisfactory/Unsatisfactory </strong></em>
<em><strong>i) Specific instructions if any, given to the registrar :- </strong></em>
<em><strong>Date : Signature of the Inspecting </strong></em>
<em><strong>Officer &#38; Designation SUBSEQUENT AMENDMENTS TO ANDHRA PRADESH REGISTRATION OF</strong></em>
<em><strong>BIRTHS &#38; DEATHS RULES 1999</strong></em>
<em><strong>1. G.O.Ms.No.26 HM&#38;FW (N1) Dept., </strong></em>
<em><strong>dated : 12.01.2000</strong></em>
<em><strong> Appointment of Registration </strong></em>
<em><strong>functionaries. </strong></em>
<em><strong>2. G.O.Ms.No.27 HM&#38;FW (N1) Dept., </strong></em>
<em><strong>dated : 12.01.2000 </strong></em>
<em><strong> Notification and MCCD. </strong></em>
<em><strong>3. G.O.Ms.No.70 HM&#38;FW (N1) Dept., </strong></em>
<em><strong> dated : 15.02.2000 </strong></em>
<em><strong> Inter Departmental Co-ordination </strong></em>
<em><strong>Committee - District &#38; Mandal level. </strong></em>
<em><strong>4. G.O.Ms.No.203 HM&#38;FW (N1) Dept., </strong></em>
<em><strong> dated : 13.06.2000 </strong></em>
<em><strong> Inter Departmental Co-ordination </strong></em>
<em><strong>Committee - State level. </strong></em>
<em><strong>5. G.O.Ms.No.90 HM&#38;FW (N2) Dept., </strong></em>
<em><strong>dated : 02.06.2001 </strong></em>
<em><strong> Appointment of Village </strong></em>
<em><strong>Administrative Officer as Registrar in </strong></em>
<em><strong>place of Executive Officer in </strong></em>
<em><strong>Panchayats. </strong></em>
<em><strong>6. G.O.Ms.No.172 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 21.05.2002 </strong></em>
<em><strong> Reconciliation of Vital Events by </strong></em>
<em><strong>Panchayat Secretaries, ANMs &#38; </strong></em>
<em><strong>Anganwadi Workers. </strong></em>
<em><strong>7. G.O.Ms.No.230 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 11.06.2002 </strong></em>
<em><strong> Appointment of Panchayat </strong></em>
<em><strong>Secretaries as Registrar in place of </strong></em>
<em><strong>Village Administrative Officers. </strong></em>
<em><strong>8. G.O.Ms.No.13 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 31.01.2003 </strong></em>
<em><strong> Institutions for Reporting, </strong></em>
<em><strong>Registration and computerization of </strong></em>
<em><strong>the Data. </strong></em>
<em><strong>9. G.O.Ms.No.276 PR&#38;RD (Mdl.II) </strong></em>
<em><strong>Dept., dated : 13.07.2003 </strong></em>
<em><strong> Panchayat Secretary powers to grant </strong></em>
<em><strong>Certificates. </strong></em>
<em><strong>10. G.O.Rt.No.973 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 10.11.2004 </strong></em>
<em><strong> Appointment of Registrars for BHEL, </strong></em>
<em><strong>Township Vishakapatnam Township. </strong></em>
<em><strong>11. G.O.Rt.No.97 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 01.02.2005 </strong></em>
<em><strong> Appointment of Chief Medical </strong></em>
<em><strong>Officer of Health, MCH as Dy.Addl. </strong></em>
<em><strong>District Registrar. </strong></em>
<em><strong>12. G.O.Ms.No.59 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 18.02.2007 </strong></em>
<em><strong> Standardized Birth &#38; Death </strong></em>
<em><strong>Certificates. </strong></em>
<em><strong>13. G.O.Ms.No.329 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 01.10.2007 </strong></em>
<em><strong> Appointment of Commissioner </strong></em>
<em><strong>GHMC as District Registrar, etc. </strong></em>
<em><strong>14. G.O.Ms.No.199 PR&#38;RD (MDL.II) </strong></em>
<em><strong>Dept., dated : 18.05.2007 </strong></em>
<em><strong> Revised Job chart of Panchayat </strong></em>
<em><strong>Secretaries. </strong></em>
<em><strong>15. G.O.Ms.No.167 HM&#38;FW (D1) Dept., </strong></em>
<em><strong>dated : 13.08.2009 </strong></em>
<em><strong> Relaxation for name entry after 15 </strong></em>
<em><strong>years. GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Health Medical &#38; Family Welfare – Vital Statistics- Enforcement of Registration of Births and Deaths Act </strong></em>
<em><strong>1969 (Act. No. 18 of 1969) Appointment of Chief Registrar and others officers-Orders – Issued. </strong></em>
<em><strong>---------------------------------------------------------------------------------------------------- </strong></em>
<em><strong>HEALTH MEDICAL &#38; FAMILY WELFARE (N1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No. 26 Dated: 12-1-2000. </strong></em>
<em><strong> Read the following:- </strong></em>
<em><strong> 1. G.O.Ms. No: 444, HM &#38; FW(N1), Dept., Dt:8.11.96 </strong></em>
<em><strong> 2. D.H.Lr.No:6776/VS/F2/99, Dt:24.05.99. </strong></em>
<em><strong> 3. RGI Lr.No:6/4/97-VS(CRS), Dt:7.9.99 </strong></em>
<em><strong> 4. D.H. Lr.No:6776/VS/F2/99, Dt: 30.9.99. </strong></em>
<em><strong>&#60;&#60;&#62;&#62; </strong></em>
<em><strong>ORDER: </strong></em>
<em><strong> In accordance with the decision taken during the meeting held on 28.04.99 and in view of the suggestions of </strong></em>
<em><strong>Registrar General of India in the reference 3</strong></em>
<em><strong>rd</strong></em>
<em><strong> read above the following draft notification shall be substituted in place of </strong></em>
<em><strong>notification issued in the G.O. 1</strong></em>
<em><strong>st</strong></em>
<em><strong> read above and shall be published in Andhra Pradesh Gazette. </strong></em>
<em><strong>DRAFT NOTIFICATION – I</strong></em>
<em><strong> In exercise of the powers conferred by Sub-section (1) of Section 4 of the Registration of Births and Deaths </strong></em>
<em><strong>Act, 1969 (central Act No. 18 of 1969) the Governor of Andhra Pradesh here by appoints the Director of Health as </strong></em>
<em><strong>Chief Registrar of Births and Deaths for the State of Andhra Pradesh. </strong></em>
<em><strong>DRAFT NOTIFICATION – II</strong></em>
<em><strong> In exercise of the powers conferred by Sub- Section (2) of Section 4 of the Registration of Births and Deaths </strong></em>
<em><strong>Act, 1969 (Central Act No.18 of 1969) the Governor of Andhra Pradesh here by appoints. </strong></em>
<em><strong> The Additional Director of Medical and Health Services (Communicable Diseases), the Deputy Commissioner </strong></em>
<em><strong>of Panchayat Raj in the office of the Commissioner of Panchayat Raj, Hyderabad and the Commissioner and Director </strong></em>
<em><strong>of Municipal Administration, Andhra Pradesh, Hyderabad as the Additional Chief Registrars of Births and Deaths for </strong></em>
<em><strong>the state of Andhra Pradesh. </strong></em>
<em><strong> The Regional Director of Medical and Health Services of each zone as Additional Chief Registrar of Births </strong></em>
<em><strong>and Deaths and the Deputy Director (Statistics) in the office of the Regional Director of Medical and Health Services </strong></em>
<em><strong>and Additional Deputy Chief Registrar of Births and Deaths for their respective Zones. </strong></em>
<em><strong> The Deputy Director of Medical and Health Services (Statistics) in the office of the Director of Health as the </strong></em>
<em><strong>Deputy Chief Registrar of Births and Deaths for the State of Andhra Pradesh. </strong></em>
<em><strong>DRAFT NOTIFICATION – III</strong></em>
<em><strong> In exercise of the powers conferred by the Sub-Section (1) of Section 6 of the Registration of Births and </strong></em>
<em><strong>Deaths Act, 1969 (Central Act No: 18 of 1969) the Governor of Andhra Pradesh here by appoints. </strong></em>
<em><strong>a. The District Medical and Health Officer of each district as District Registrar of Births and Deaths for the </strong></em>
<em><strong>district. </strong></em>
<em><strong>b. The District Revenue Officer of each district as the Additional District Registrar of Births and Deaths and </strong></em>
<em><strong>Deaths (Rural). </strong></em>
<em><strong>c. The Commissioner of the Municipal Corporations of Hyderabad, Visakhapatnam, Vijayawada, Kurnool, </strong></em>
<em><strong>Guntur, Warangal, and Rajahmundray as the Additional District Registrars of Births and Deaths (Urban). </strong></em>
<em><strong>d. The District Panchayat Officer each District as the Additional District Registrar of Births and Deaths. DRAFT NOTIFICATION – IV</strong></em>
<em><strong>In exercise of the powers conferred by Sub-section (1) of section 7 of the Registration of Births and Deaths </strong></em>
<em><strong>Act, 1969 (Central Act. No: 18 of 1969) the Governor of Andhra Pradesh here by appoints the persons noted in column </strong></em>
<em><strong>(2) as Registrar of Births and Deaths for the local areas specified in column (1) of the statement given below. </strong></em>
<em><strong>Local Area Designation of the persons appointed as Registrar of Births and Deaths. </strong></em>
<em><strong>Municipal Corporation of Hyderabad </strong></em>
<em><strong>The asst. Medical Officer of Health of each circle in Hyderabad </strong></em>
<em><strong>The Medical Officer of Health, Secunderabad division for </strong></em>
<em><strong>Secunderabad division. </strong></em>
<em><strong>Municipal Corporation of Visakhapatnam, Vijayawada, </strong></em>
<em><strong>Kurnool, Guntur, Warangal and Rajahmundry. </strong></em>
<em><strong>The Municipal Health Officer and there is no such officer, the </strong></em>
<em><strong>Commissioner, of the Municipal corporation. </strong></em>
<em><strong>Municipalities </strong></em>
<em><strong>The Municipal Health Officer and there is no such officer, the </strong></em>
<em><strong>Commissioner of the Municipality. </strong></em>
<em><strong>Industrial / Project Town Ships: </strong></em>
<em><strong>1 Vijayapuri (North) Nalgonda District Health Officer, Vijayapuri (North), Hill Colony, Nalgonda Dist. </strong></em>
<em><strong>2 Vijayapuri (South) Guntur District Do- </strong></em>
<em><strong>3 Srikakulam, Kurnool District Senior Entomologist (Anti Malaria Officer) Sunnipenta, Srisailam </strong></em>
<em><strong>Project, Krunool dist. </strong></em>
<em><strong>4 Srikakulam Mahaboobnagar District Do- </strong></em>
<em><strong>5 Upper Sileru Project, Visakhapatnam Dist. Local Health Assistant. </strong></em>
<em><strong>6 Mothugudem (lower Sileru) Project Khammam </strong></em>
<em><strong>district. </strong></em>
<em><strong>Health Inspector attached to the lower Sileru Project Hospital, </strong></em>
<em><strong>Mothugudem. </strong></em>
<em><strong>7 Shar Project, Sriharikota, Nellore (District) Health Officer, SHAR Project, Sriharikota. </strong></em>
<em><strong>8 Prasanthi Nilayam Ananthapur District. Local Health Assistant. </strong></em>
<em><strong>9 Secunderabad Contonment. Executive Officer, Contonment Board, Secunderabad. </strong></em>
<em><strong>10 B.H.E.L., Ramachandrapuram Executive Supervisor, Town Ship, Administration, BHEL. </strong></em>
<em><strong>11 Sriram Sagar Project Town Ship, Nizamabad District Medical Officer, Government Hospital Sriram Sagar Project, </strong></em>
<em><strong>Pochampadu, Nizamabad District. </strong></em>
<em><strong> Mandal The Mandal Revenue Officer of the Mandal concerned. </strong></em>
<em><strong> Local area other than that mentioned above, i.e, </strong></em>
<em><strong>village. </strong></em>
<em><strong>Village Administration Officer concerned. </strong></em>
<em><strong>(BY ORDER IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)</strong></em>
<em><strong> RACHEL CHATTERJEE </strong></em>
<em><strong> SECRETARY TO GOVERNMENT. </strong></em>
<em><strong>To, </strong></em>
<em><strong>The Director of Health, Hyderabad and Chief Registrar of Births </strong></em>
<em><strong>&#38; Deaths, Hyderabad.TIME AND FORM FOR NOTIFYING INFORMATION UNDER THE ENFORCEMENT &#38; </strong></em>
<em><strong>REGISTRATION OF BIRTHS AND DEATHS ACT 1969 IN VITAL STATISTICS. </strong></em>
<em><strong>{G.O.Ms.NO.27, Health Medical &#38; Family Welfare (NI), 12</strong></em>
<em><strong>th</strong></em>
<em><strong> January, 2000.} </strong></em>
<em><strong>In exercise of the powers conferred under section 10(1) &#38; (2 ) of the Registration of Births and Deaths </strong></em>
<em><strong>Act 1969 (Act No. 18 of 1969) the Governor of Andhra Pradesh issues the following orders: </strong></em>
<em><strong>a. Time and form for notifying information under section 10(1):-</strong></em>
<em><strong>1. M.P.H.A. (F)/ANM and MPHA (Male) shall notify births, deaths and still-births to the Registrar under </strong></em>
<em><strong>section 10(1) (i). They will obtain information of births, deaths and still births occurred in their jurisdiction </strong></em>
<em><strong>in Forms No. 1, 2&#38;3 during their field visits from the information along with the signature of the informants </strong></em>
<em><strong>and deliver then within 15 days from the date of occurrence of the event to the Local Registrar who will </strong></em>
<em><strong>register the events after due verification and if not registered earlier following the rules prescribed for </strong></em>
<em><strong>registration. </strong></em>
<em><strong>2. It shall be the duty of trained or untrained Dai to notify a birth or still – birth which she attended and </strong></em>
<em><strong>Anganwadi worker village servant to notify birth, death and still – birth under section 10(1) (iii) either orally </strong></em>
<em><strong>or in writing as the case may be with the following details to the Registrar with in 15 days from the date of </strong></em>
<em><strong>occurrence of the event. </strong></em>
<em><strong>Birth : Date of birth, Place of birth Sex of the Child, Name and local address of the parents. </strong></em>
<em><strong>Death : Date of death, Place of death, Sex, Age at death, Name and Address of the diseased. </strong></em>
<em><strong>Still-birth : Date of Still – birth, Sex of the Child, Place of Still Birth, Name and Local </strong></em>
<em><strong> Address of the Parents. </strong></em>
<em><strong>Soon after the receipt of the information from the Notifier, the Registrar will verify the registration </strong></em>
<em><strong>of such event and if not registered, he will issue notice to the informant and obtain complete information </strong></em>
<em><strong>required for the registration of the birth, death and still – birth as the case may be and take steps for the </strong></em>
<em><strong>registration of the event. </strong></em>
<em><strong>b. Certification of Cause of Death under section 10(2) :-</strong></em>
<em><strong>1. In case of a death occurred in a Government, Private Hospital, Corporate Hospital, Private Nursing Home, it shall be </strong></em>
<em><strong>the duty of the Medical officer or any Medical Attendant who attended the deceased to certify the cause of Death under </strong></em>
<em><strong>Section 10(2) in Form No.4 </strong></em>
<em><strong>2. In case of a Non-Institutional death in an Urban area, it shall be the duty of the Private Medical Practitioner who </strong></em>
<em><strong>attended the deceased during last illness to certify the cause of death under section 10(2) in From No.4A. GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>MEDICAL &#38; HEALTH – VITAL STATISTICS – Reconstitution of Inter departmental Co-ordination committee on </strong></em>
<em><strong>Vital Statistics at District Level, Mandal Level and Municipal Areas Levels – Orders – Issued. </strong></em>
<em><strong>HEALTH MEDICAL AND FAMILY WELFARE (N1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.70 Dated:15.02.2000</strong></em>
<em><strong> Read the following:- </strong></em>
<em><strong> 1. G.O.Ms.No.588, HM&#38;FW (N1) Dept. Dt.5-12-1998. </strong></em>
<em><strong> 2. DH.Lr.No.2058/VS/F2/99, Dated:31.12.1999. </strong></em>
<em><strong>&#60;&#60;&#62;&#62; </strong></em>
<em><strong>ORDER:</strong></em>
<em><strong> In the G.O read above orders were issued for constitution of Inter Department Co-ordination Committee on </strong></em>
<em><strong>Vital Statistics at District level and Mandal Levels to review the District wise and Mandal wise progress of Registration </strong></em>
<em><strong>of Births and Deaths. </strong></em>
<em><strong>2. Consequent on issue of re-organization orders vide G.O.Ms. No. 26 Health, Medical and Family Welfare (Ni) </strong></em>
<em><strong>Department, dt.12-1-2000 for appointment of Chief Registrar and other officers for Registration of Births and Deaths </strong></em>
<em><strong>and as per the decision taken in the Inter Department Co-ordination Committee Meeting held on 6-11-1999 in the </strong></em>
<em><strong>Chambers of Secretary Health Medical and family Welfare Department, orders are hereby issued to re-constitute the </strong></em>
<em><strong>Inter Departmental Co-ordination Committee on Vital Statistics at District, Mandal and Municipal Corporation levels </strong></em>
<em><strong>as follows:- </strong></em>

<em><strong>I. District Level Inter Departmental Co-ordination Committee on Vital Statistics:-</strong></em>
<em><strong>1. District Revenue Officer - Chairman </strong></em>
<em><strong>2. District Medical and Health Officer and </strong></em>
<em><strong> District Registrar of Births and Deaths. - Convener </strong></em>
<em><strong>3. District Panchayt Officer - Member </strong></em>
<em><strong>4. District Woman and Child Welfare Officer. - Member </strong></em>
<em><strong>5. Municipal Health Officer / Commissioner </strong></em>
<em><strong> Of Municipalities in the District - Member </strong></em>
<em><strong>6. Chief Planning Officer. - Member </strong></em>
<em><strong>2. Mandal Level Inter Departmental Co-ordination Committee on Vital Statistics.</strong></em>
<em><strong>1. Mandal Revenue Officer - Chairman-cum-Convener </strong></em>
<em><strong>2. Executive Officers of Notified Gram Panchyats - Members </strong></em>
<em><strong>3. Village Administrative Officers - Members </strong></em>
<em><strong>3. Municipal Corporation Level Inter Departmental Co-ordination Committee on vital statistics:</strong></em>
<em><strong> 1. Municipal Commissioner - Chairman </strong></em>
<em><strong> 2. Municipal Health Officer - Member-Convener </strong></em>
<em><strong> 3. Representative of District Collector - Member. </strong></em>
<em><strong>4. The District Level Committee should meet on monthly basis to:- </strong></em>
<em><strong> 1. Review the progress of Registration and reporting of events by notified panchayats and Municipalities. </strong></em>
<em><strong> 2. Take steps for 100% collection of returns from the Mandal Revenue Officers. </strong></em>
<em><strong> 3. Suggest action on chronic defaulters not submitting the returns. </strong></em>
<em><strong> 4. Review the steps taken by the Mandal Revenue Officers to achieve 100% registration of Births and Deaths. 5. The Mandal Level Committees should meet once in a month to:-</strong></em>
<em><strong>1. Review Village-wise progress of notification of Births and Deaths during the previous month by Para medical </strong></em>
<em><strong>staff, Anganwadi workers to village Administrative Officers. </strong></em>
<em><strong>2. Review number of births and deaths registered by the village Administrative Officers Village-wise. </strong></em>
<em><strong>3. Identify the Villages of low registration and steps taken for improvement of registration. </strong></em>
<em><strong>4. Review the progress of collection of monthly returns from the village Administrative Officers for onward </strong></em>
<em><strong>transmission to the Chief Registrar and take steps for collection of 100% returns from the village </strong></em>
<em><strong>Administrative Officers. </strong></em>
<em><strong>5. The Municipal Corporation level Committee should meet on monthly basis to review the progress of </strong></em>
<em><strong>registration and reporting on events. </strong></em>
<em><strong>6. The above committee should meet as per the above schedules and send the proceedings of the meeting to the </strong></em>
<em><strong>Chief Registrar of Births and Deaths and Director of Health, Andhra Pradesh, Hyderabad, every month </strong></em>
<em><strong>without fail. </strong></em>
<em><strong>7. The Chief Registrar of Births and Deaths and Director of Health is requested to take further action in the </strong></em>
<em><strong>matter. </strong></em>
<em><strong>(BY ORDER IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong> RACHEL CHATTERJEE </strong></em>
<em><strong> SECRETARY TO GOVERNMENT </strong></em>
<em><strong>// TRUE COPY // </strong></em>
<em><strong> for DIRECTOR OF HEALTH </strong></em>
<em><strong>Administrative Officer GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Vital Statistics – Reconstitution of inter Department Co-ordination Committee on Vital Statistics at State </strong></em>
<em><strong>Level – Orders – Issued. </strong></em>

<em><strong>HEALTH MEDICAL &#38; FAMILY WELFARE (N1) DEPARTMENT. </strong></em>
<em><strong>G.O.Ms.No:203 Dated: 13</strong></em>
<em><strong>th</strong></em>
<em><strong> June, 2000 </strong></em>
<em><strong> Read the following:</strong></em>
<em><strong>1. G.O.Ms..No. 529 HM&#38;FW Dept, dt: 2.11.1998. </strong></em>
<em><strong>2. From the D.H.Lr.Rc.No.2028/VS/F2/99, Dt: 31.12.1999 </strong></em>
<em><strong>***** </strong></em>
<em><strong>ORDER: </strong></em>
<em><strong> In the G.O. 1</strong></em>
<em><strong>st</strong></em>
<em><strong> read above, inter Departmental Co-ordination Committee at Staate Level for Cocoordinating the work of Vital Statistics constituted. The Director of Health, Andhra Pradesh, Hyderabad in </strong></em>
<em><strong>this letter 2</strong></em>
<em><strong>nd</strong></em>
<em><strong> read above has proposed for reconstituting the said committee with the following: </strong></em>
<em><strong>1. Principal Secretary to Government - Chairman </strong></em>
<em><strong> Health medical &#38; Family Welfare Department </strong></em>
<em><strong>2. Director of Health - Member </strong></em>
<em><strong>3. Commissioner &#38; (Family Welfare) - Member </strong></em>
<em><strong>4. Additional Director (CD) - Member </strong></em>
<em><strong>5. Deputy Director (Statistics) - Member – Convener </strong></em>
<em><strong>The representative of the following Departments members. </strong></em>

<em><strong>6. Panchayat Raj Department </strong></em>
<em><strong>7. Commissioner of land Revenue </strong></em>
<em><strong>8. Municipal Administration Department </strong></em>
<em><strong>9. Information and Public Relations Department. </strong></em>
<em><strong>10. Printing, Stationery and Stores Purchase Department. </strong></em>
<em><strong>11. Director of Census Operation, Andhra Pradesh Hyderabad. </strong></em>
<em><strong>12. Director of Economics and Statistics. </strong></em>
<em><strong>13. Director of Women and Child Welfare. The Government after careful examination of the above proposal of Director of Health hereby agree </strong></em>
<em><strong>to Reconstitute the Inter – Departmental Co-ordination Committee at </strong></em>
<em><strong>State Level for coordinating the work of Vital Statistics as in Para 1 above. </strong></em>

<em><strong>(BY ORDER IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong>RACHEL CHATTERJEE </strong></em>
<em><strong> SECRETARY TO GOVERNMENT </strong></em>
<em><strong>To, </strong></em>
<em><strong>1. The Director of Health, Andhra Pradesh, Hyderabad. </strong></em>
<em><strong>2. The Municipal Administration &#38; Urban Development Department, Andhra Pradesh, Secretariat. </strong></em>
<em><strong>3. The Revenue Department, Andhra Pradesh, Secretariat. </strong></em>
<em><strong>4. The Panchayat Raj &#38; Rural Development Department, Andhra Pradesh, Secretariat. </strong></em>
<em><strong>5. The Women &#38; Child Welfare Department. </strong></em>
<em><strong>6. The Commissioner Family Welfare Department </strong></em>
<em><strong>7. The Director, Bureau of Economics &#38; Statistics Department </strong></em>
<em><strong>8. The Commissioner, Panchayat Raj Department. </strong></em>
<em><strong>9. The Commissioner of Land Revenue. </strong></em>
<em><strong>10. The Commissioner Printing &#38; Stationery and Stores Purchase Department. </strong></em>
<em><strong>11. The Director Census Operations, Andhra Pradesh, Hyderabad. </strong></em>
<em><strong>12. The Director of Women &#38; Child Welfare Department. </strong></em>
<em><strong>13. The P.S. to Principal Secretary, HM&#38;FW Department. </strong></em>
<em><strong>Copy to: </strong></em>
<em><strong>1. All Heads of the Departments under the control of HM&#38;FW Department. </strong></em>
<em><strong>2. All Heads of the Departments of Secretariat. </strong></em>
<em><strong>Sf/Sc. </strong></em>
<em><strong>// FORWARDED :: BY ORDER // </strong></em>
<em><strong> SECTION OFFICER GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Health Medical and Family Welfare – Vital Statistics – Enforcement of Registration of Births and Deaths </strong></em>
<em><strong>Act, 1969 (Act No.18 of 1969) Appointment of Chief Registrar and Other Officers – Amendment to </strong></em>
<em><strong>G.O.Ms.No.26, Health Medical and Family Welfare (N1) Department, dt: 12.01.2000 – Orders – Issued. </strong></em>
<em><strong> ----------------------------------------------------------------------------------------------------------- </strong></em>
<em><strong>HEALTH MEDICAL AND FAMILY WELFARE (N2) DEPARTMENT </strong></em>
<em><strong>G.O.MS.No.90. Dated : 02.06.2001.</strong></em>
<em><strong>Read the following :- </strong></em>
<em><strong>1. G.O.Ms.No.26, Health Medical and Family Welfare (N1) Department, dt: 12.01.2000 </strong></em>
<em><strong>2. From the Director of Health, Hyderabad, letter Rc.No.2053/VS/F2/98, Dt.27.12.2000. </strong></em>
<em><strong>* * * </strong></em>
<em><strong>ORDER :</strong></em>
<em><strong>1. In Notification IV issued in G.O. first read above, Executive Officers of Panchayats (with E.O.) </strong></em>
<em><strong>have been appointed as Registrar of Births and Deaths. </strong></em>
<em><strong>2. The Director of Health, Hyderabad, in his letter 2</strong></em>
<em><strong>nd</strong></em>
<em><strong> read above, has now stated that in the meeting of </strong></em>
<em><strong>State level Inter Departmental Co-ordination Committee on Vital Statistics held on 01.12.2000 </strong></em>
<em><strong>reported that instead of having a dual reporting system i.e., through the Village Administrative </strong></em>
<em><strong>Officer and Executive Officers of notified Panchayats, it would be more appropriate to have only </strong></em>
<em><strong>one Agency Village Administrative Officer and submitted proposals for issue of an amendment to </strong></em>
<em><strong>the G.O.Ms.No.26, Dated : 12.01.2000 appointing the Village Administrative Officers as Registrars </strong></em>
<em><strong>of Births and Deaths in place of Executive Officers in Notified Panchayats. </strong></em>
<em><strong>3. The Government after careful consideration have decided to appoint village Administrative Officers </strong></em>
<em><strong>as Registrar of Births and Deaths in Panchayats concerned inplace of Executive Officers by </strong></em>
<em><strong>amending the said Notification issue in the said G.O. suitably. Accordingly, the following </strong></em>
<em><strong>Notification will be published in the A.P. Gazette :- </strong></em>
<em><strong>NOTIFICATION</strong></em>
<em><strong> In exercise of the powers conferred by sub-section (1) of section 7 of the Registration of </strong></em>
<em><strong>Births and Deaths Act, 1969 (Central Act No.18 of 1969), the Governor of Andhra Pradesh hereby makes </strong></em>
<em><strong>the following amendment to the Notification IV issued in G.O.Ms.No.26, Health Medical and Family </strong></em>
<em><strong>Welfare (N1) Department, dated 12</strong></em>
<em><strong>th</strong></em>
<em><strong> January, 2000, namely :- AMENDMENT</strong></em>
<em><strong> In the said Notification IV,in the statement, for the entry “Panchayat (with Executive </strong></em>
<em><strong>Officer) in column (1) and for the entry “The Executive Officer of the Panchayat” in column (2), the entry </strong></em>
<em><strong>“Panchayat” and the entry “Village Administrative Officer concerned” shall respectively be substituted. </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong> C.ARJUNA RAO </strong></em>
<em><strong>SPECIAL CHIEF SECRETARY TO GOVERNMENT. </strong></em>
<em><strong>To </strong></em>
<em><strong>The Director of Health, Hyderabad and Chief Registrar of Births and Deaths, Hyderabad. </strong></em>
<em><strong>The Commissioner of Printing and Stationery Stores Purchases, Hyderabad (with a request to publish the </strong></em>
<em><strong>Amendment in A.P.Gazette and furnish 1600 copies). </strong></em>
<em><strong>The Deputy Commissioner of Panchayat Raj, O/o.Panchayat Raj Department. </strong></em>
<em><strong>The Commissioner &#38; Director, Municipal Administration, A.P., Hyderabad. </strong></em>
<em><strong>The Regional Director of Medical &#38; Health Services of all zones. </strong></em>
<em><strong>The Deputy Director of Medical &#38; Health Services, Statistics, Office of the Director of Health, Hyderabad. </strong></em>
<em><strong>All District Medical and Health Officers. </strong></em>
<em><strong>All District Revenue Officers. </strong></em>
<em><strong>The Municipal Commissioner, Hyderabad, Vizag, Vijaywada, Kurnool, Guntur, Warangal, Rajahmundry. </strong></em>
<em><strong>All District Pachayat Officer of the state. </strong></em>
<em><strong>The Accountant General, A.P., Hyderabad. </strong></em>
<em><strong>The Registrar General of India, New Delhi. </strong></em>
<em><strong>Copy to :- </strong></em>
<em><strong>Minister (Medical &#38; Health) </strong></em>
<em><strong>P.S.to Special Chief Secretary, H.M.&#38; F.W. Department. </strong></em>
<em><strong>P.S. to Secretary, H.M.&#38; F.W. Department. </strong></em>
<em><strong>Information &#38; Public Relations Department. </strong></em>
<em><strong>Law (E) Department. </strong></em>
<em><strong> / / FORWARDED BY ORDER / / </strong></em>
<em><strong>SECTION OFFICER GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>GOVERNING FOR RESULTS – System for assessing birth rate and death rates and prevalence of </strong></em>
<em><strong>communicable diseases District and Mandal wise for focused interventions Improvement in Civil </strong></em>
<em><strong>registration of births and deaths and reporting incidence of diseases Instructions – Issued. </strong></em>
<em><strong>HEALTH, MEDICAL &#38; FAMILY WELFARE [D1] DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.172, Dated:21-5-2002. </strong></em>
<em><strong>ORDER: </strong></em>
<em><strong> It has been observed, there are inadequate systems for reporting and recording the Civil Registration </strong></em>
<em><strong>of Births and Deaths in the state that the birth and death rates for each district and mandal and municipality </strong></em>
<em><strong>levels. In order to improve the Civil Registration System the Village Secretary has been entrusted with </strong></em>
<em><strong>responsibility of Registration of Births and Deaths at village level and to compile the data and report to the </strong></em>
<em><strong>Mandal Revenue Officer. The Registrar General, Census of India has brought to the notice of the state </strong></em>
<em><strong>government that the reporting of births and deaths in Orrissa state has improved greatly with the A.N.M’s </strong></em>
<em><strong>and the Anganwadi Workers sitting together, comparing and updating their lists as well as other lists and </strong></em>
<em><strong>reporting this updated list every month. This issue as well as the reporting system for communicable </strong></em>
<em><strong>diseases have been considered in consultation with Women Development &#38; Child Welfare Department and </strong></em>
<em><strong>the Panchayat Raj Department. </strong></em>
<em><strong>2. Government after careful consideration of the matter have decided to adopt the good practice of </strong></em>
<em><strong>Orissa state for updating birth and death lists, and hereby direct that the A.N.M Anganwadi Worker and the </strong></em>
<em><strong>Village Secretary shall meet once a month to update and reconcile the birth and death list. The A.N.M shall </strong></em>
<em><strong>sent a copy of this reconciled updated birth and death list to the Medical Officer of the Primary Health </strong></em>
<em><strong>Centre for compilation and report to the District Medical and Health Officer every month. </strong></em>
<em><strong>3. It is also considered that a surveillance system on communicable diseases should e instituted and the </strong></em>
<em><strong>Village Secretariat can compile and report the data on incidence of communicable disease in the village to </strong></em>
<em><strong>the Medical Officer of Primary Health Centre it is decided that a system to obtain the information on </strong></em>
<em><strong>incidence of communicable diseases in every village in the state can be instituted through village secretariat. </strong></em>
<em><strong>Accordingly government hereby ordered that the village secretary shall be responsible for reporting on the </strong></em>
<em><strong>diseases incidence, to the Medical Officer of the concerned Primary Health Centre every month in the </strong></em>
<em><strong>format prescribed by Medical and Health Department. The Medical Officer of the Primary Health Centre </strong></em>
<em><strong>shall, in turn, compile the data and sent a report to the District Medical and Health Officer. This system is </strong></em>
<em><strong>instructed to obtain surveillance data on prevalence of disease for focused prevention and control measures. </strong></em>
<em><strong>4. The above instructions shall be followed by all concerned scrupulously. </strong></em>
<em><strong>( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong> RACHEL CHATTERJEE </strong></em>
<em><strong> PRINCIPAL SECRETARY TO GOVERNMENT GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Medical &#38; Health Services – Vital Statistics – Enforcement of Births and Death Registration Act (Central Act No. 18 </strong></em>
<em><strong>of 1969) – Amendment to G.O.Ms.No26, Health, Medical and family Welfare (N1) Department, Dt.12-01-2000 and </strong></em>
<em><strong>G.O.Ms.No90, Health, Medical &#38; Family Welfare (N2) Department, dt.2.3.2001 – Appointment of Secretary to Gram </strong></em>
<em><strong>Panchayat Births and Deaths Registrar in place of Village Administrative Officer and Executive Officers of Panchayats </strong></em>
<em><strong>– Orders – Issued. </strong></em>
<em><strong>HEALTH MEDICAL &#38; FAMILY WELFARE (D1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.230 Dated:11-6-2002. </strong></em>
<em><strong> Read the following:- </strong></em>
<em><strong>1. G.O.Ms.No26, H.M&#38;F.W(N1) Department, dt.12-1-2000. </strong></em>
<em><strong>2. G.O.Ms.No.90, H.M&#38;F.W(N2) Department, dt.2-3-2001. </strong></em>
<em><strong>3. Govt. D.O.Letter No.12372/Pts.IV/A2/2001, dt.2.5.2001 of PR &#38; RD. Department. </strong></em>
<em><strong>4. G.O.Ms.No.PR &#38; RD (MDL.II) Department, dt.7.1.2002 </strong></em>
<em><strong>5. From the Director of Health and Chief Registrar of Births and Deaths, Hyderabad Lr.Rc.No.2058/VS/F2/98, </strong></em>
<em><strong>dt.14.12.2001 </strong></em>
<em><strong>&#60;&#60;&#62;&#62; </strong></em>
<em><strong>ORDER: </strong></em>

<em><strong>1. In the G.O. 1</strong></em>
<em><strong>st</strong></em>
<em><strong> read above orders were issued appointing the Executive Officer of the Panchayat as the Registrar of </strong></em>
<em><strong>Births and Deaths for the local area of Panchayat. In the G.O.2</strong></em>
<em><strong>nd</strong></em>
<em><strong> read above orders were issued appointing the Village </strong></em>
<em><strong>Administrative Officer as the Registrar of Births and Deaths in place of the Executive Officer. In the D.O letter 3</strong></em>
<em><strong>rd</strong></em>
<em><strong> read </strong></em>
<em><strong>above the orders issued keeping the orders issued in the G.O.2</strong></em>
<em><strong>nd</strong></em>
<em><strong> read above in abeyance and it was clarified that the </strong></em>
<em><strong>Executive Officer of Panchayat shall continue as the Registrar of Births and Deaths in Notified Grampanchayats till </strong></em>
<em><strong>further orders. </strong></em>
<em><strong>2. In the G.O 4rth read above rules were issued for the post of Panchayat Secretary functions and among the other </strong></em>
<em><strong>things, the secretary to Grampanchayat has been assigned with the function of maintenance of Registrar of births and </strong></em>
<em><strong>deaths as per relevant Act and rules. </strong></em>
<em><strong>3. In view of the above, the Director of Health and the Chief Registrar of Births an deaths, Hyderabad through the </strong></em>
<em><strong>reference 5</strong></em>
<em><strong>th</strong></em>
<em><strong> read above has submitted proposals to appoint to Secretary to Grampanchayat as Registrar of Births and </strong></em>
<em><strong>Deaths in place of Executive Officers of notified Panchayats and Village Administrative Officers in other villages. </strong></em>
<em><strong>4. Accordingly the Government hereby appoint the Secretary to Grampanchat as Registrar of Births and Deaths in place </strong></em>
<em><strong>of Executive Officers of notified Panchayats, Village Administrative Officers in other villages. </strong></em>
<em><strong>5. Accordingly the following notification will be published in the Andhra Pradesh Gazette. </strong></em>
<em><strong>NOTIFICATION : In exercise of the powers conferred by sub-section (1) of section 7 of the Registration of Births </strong></em>
<em><strong>and Deaths Act, 1969( Central Act No.18 of 1969), the governor of Andhra Pradesh hereby makes the following </strong></em>
<em><strong>amendment to notification IV issued in G.O.Ms.No.26, Health Medical &#38; Family Welfare (N1) Department, </strong></em>
<em><strong>dt.12.1.2000 and subsequently amended in G.O.Ms.No.9o, Health, Medical &#38; family Welfare (N2) Department, </strong></em>
<em><strong>Dt.2.3.2001. </strong></em>
<em><strong>AMENDMENT: In the notification IV, in the statement against the entry “Panchayat” in column (1) for the entry </strong></em>
<em><strong>“Village Administrative Officer concerned” in the column (2) the entry Grampanchayat and “Panchayat Secretary “ </strong></em>
<em><strong>shall in column (1) and (2) shall respectively be submitted. </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVER OF ANDHRA PRADESH) </strong></em>

<em><strong> RACHEL CHATTERJEE </strong></em>
<em><strong> PRINCIPAL SECRETARY TO GOVERNMENT GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Improvement of Civil Registration of Births and Deaths in Andhra Pradesh – Instructions for Reporting, </strong></em>
<em><strong>Registration and Computerization of the Data – Orders – Issued. </strong></em>
<em><strong>HEALTH MEDICAL &#38; FAMILY WELFARE (D1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.13. Dated:31-01-2003. </strong></em>
<em><strong>O R D E R: </strong></em>
<em><strong> The status of Civil Registration of Births and Deaths in the State has been causing some concern to </strong></em>
<em><strong>the Government. The Registrar General, India and the Director of Census Operations, Andhra Pradesh Cum </strong></em>
<em><strong>– Joint Registrar Genera, India have been expressing concern on the poor performance of the State in respect </strong></em>
<em><strong>of Civil Registration of Births and Deaths. </strong></em>
<em><strong>2. One of the major reasons for the under performance seems to be lack of proper reporting system </strong></em>
<em><strong>rather than lack of registration itself. It is observed that although the registrations are taking place, the </strong></em>
<em><strong>reports are not reaching Chief Registrar of Births and Deaths due to which the performance is not reflected </strong></em>
<em><strong>in the monthly reports and other periodicals. It is therefore decided that the chain of reporting should be </strong></em>
<em><strong>clearly established and dead lines fixed so that there will be no confusion in the minds of various </strong></em>
<em><strong>Registration Authorities. Further, the state has a vast net work of computers covering all the Mandal </strong></em>
<em><strong>Revenue Officers, Municipalities, Municipal Corporations, Collectorates with district Collectors linked to </strong></em>
<em><strong>the State through the Andhra Pradesh State Wide Area Network { APS.W. A.N} which is shortly going to be </strong></em>
<em><strong>extended till the Mandal level. It is therefore felt that the data on Civil Registration of Births and Deaths </strong></em>
<em><strong>should be computerized at the Mandal level and data transferred to the State head quarters electronically. </strong></em>
<em><strong>3. In view of the position stated above, the following instructions on the chain of reporting and </strong></em>
<em><strong>computerization shall be followed. </strong></em>
<em><strong>1. Chain of Reporting:</strong></em>
<em><strong>[a]. In respect of rural areas all the Panchayat Secretaries will submit the statistical part of monthly </strong></em>
<em><strong>reports to the concerned Mandal Revenue Officers by 5</strong></em>
<em><strong>th</strong></em>
<em><strong> of next month. </strong></em>
<em><strong>[b]. The Mandal Revenue Officer inturn will send an abstract compiled for all the villages in the entire </strong></em>
<em><strong>Mandal to the District Revenue Officer [D.R.O] before 10</strong></em>
<em><strong>th</strong></em>
<em><strong> of every month The MROs having </strong></em>
<em><strong>dial up connectivity will transfer the data electronically and the remaining will send in a floppy to </strong></em>
<em><strong>the District Revenue Officer [D.R.O]. </strong></em>
<em><strong>[c]. In respect of urban areas the Municipal Commissioner / Municipal Health Officer, Executive </strong></em>
<em><strong>Officer, Secundrabad Contonment Board and in charge persons of Industrial /Project Township will </strong></em>
<em><strong>send a consolidated report of the information of their respective jurisdictions in a floppy to the DRO </strong></em>
<em><strong>of the concerned district by 10</strong></em>
<em><strong>th</strong></em>
<em><strong> of every month. </strong></em>
<em><strong>[d]. The DROs will send the reports of rural areas and Municipalities through the APSWAN to </strong></em>
<em><strong> the Chief Registrar by 15</strong></em>
<em><strong>th</strong></em>
<em><strong> of every month. </strong></em>
<em><strong>[e]. The Special Officer / Municipal Commissioners of Municipal Corporations will send the data </strong></em>
<em><strong>directly to the Chief Registrar by 15</strong></em>
<em><strong>th</strong></em>
<em><strong> for every month through APSWAN. </strong></em>
<em><strong>[f]. In effect of all the reports pertaining to the Civil Registration of Births and Deaths of a Month should </strong></em>
<em><strong>invariably made available to the Chief Registrar by the 15</strong></em>
<em><strong>th</strong></em>
<em><strong> of next Month. II. Computerized Data Transfer:</strong></em>
<em><strong>1. The Project Director, C.M.R.O, Officer of the Chief Commissioner of Land Administration in </strong></em>
<em><strong>consultation with the Andhra Pradesh Technology service [APTS] shall prepare the required </strong></em>
<em><strong>software and create a secure and password protected website for the Office of the Chief Registrar of </strong></em>
<em><strong>Births and Deaths. </strong></em>
<em><strong>2. The Computers available in the Mandal Revenue Officers, Municipalities and Municipal </strong></em>
<em><strong>Corporations shall be used for computerization of Births and Deaths by utilizing the existing </strong></em>
<em><strong>manpower. </strong></em>

<em><strong> 3 . These orders will come into force with immediate effect. </strong></em>
<em><strong>( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong> SATHINAIR </strong></em>
<em><strong> CHIEF SECRETARY TO GOVERNMENT </strong></em>
<em><strong>To </strong></em>
<em><strong>All the Chief Executive Officers of Zilla Parishads. </strong></em>
<em><strong>All Commissioners of Municipal Corporations &#38; Municipalities in the State. </strong></em>
<em><strong>The Director of Health, Andhra Pradesh, Hyderabad. </strong></em>
<em><strong>The Director, Women Development and Child Welfare, Hyderabad. </strong></em>
<em><strong>The Commissioner Panchayat Raj Hyderabad. </strong></em>
<em><strong>The Project Director, C.M.R.O Office of the Chief Commissioner of Land Administration.OVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>ESTABLISHMENT – Panchayat Secretaries – Powers to issue certain Certificates – Delegated to Panchayat </strong></em>
<em><strong>Secretaries – Orders – Issued. </strong></em>
<em><strong>PANCHAYAT RAJ &#38; RURAL DEVL.(MDL.II) DEPARTMENT. </strong></em>
<em><strong>G.O.Ms.No.276, Dated : 13.07.2003. </strong></em>
<em><strong> Read the following :</strong></em>
<em><strong>G.O.Ms.No.369, PR&#38;RD (Mdl.II) Dept., dt.12.12.2001. </strong></em>
<em><strong>*** </strong></em>
<em><strong>ORDER :</strong></em>
<em><strong>1. The Cabinet Sub-Committee on strengthening of local bodies in the meeting held on 12.05.2002, </strong></em>
<em><strong>decided that the Panchayat Secretaries e authorized to issue certain Certificates. The cabinet SubCommittee felt that this deligation of power to the Panchayat Secretaries would facilitate the people </strong></em>
<em><strong>in avoiding frequent visits to Mandal Headquarters reducing the pressure at Mandal level. </strong></em>
<em><strong>2. Government after careful examination, here by authorize the Panchayat Secretaries to issue the </strong></em>
<em><strong>following certificates : </strong></em>
<em><strong>1. Nativity Certificate </strong></em>
<em><strong>2. Residence Certificate </strong></em>
<em><strong>3. Birth &#38; Death extracts in Rural areas </strong></em>
<em><strong>4. Pahani / Adangal extracts </strong></em>
<em><strong>5. Any other certificate now being given by Mandal Revenue Officers except Income </strong></em>
<em><strong>and Caste Certificates. </strong></em>
<em><strong>3. The Powers to issue Income and Caste Certificates is retained with the present competent authority. </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong> I.V.R.KRISHNA RAO </strong></em>
<em><strong> SECRETARY TO GOVERNMENT GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Medical and Health Services – Vital Statistics – Enforcement of Registration of Births and Deaths Act, </strong></em>
<em><strong>1969 – Appointment of Registrar of Births and Deaths for local area of Rashtriya Ispat Ni,gam Ltd., Steel </strong></em>
<em><strong>Plant Town Ship, Ukkunagaram, Visakhapatnam and BHEL Township Ramachandrapuram Medak District </strong></em>
<em><strong>– Orders Issued. </strong></em>
<em><strong>HEALTH MEDICAL &#38; FAMILY WELFARE (D1) DEPARTMENT </strong></em>
<em><strong>G.O.Rt.No.973. Dated:10-11-2004. </strong></em>
<em><strong> Read the following:-</strong></em>
<em><strong>1. G.O.Ms.No.13, HM&#38;FW (D1) Dept., dated:31-01-2003. </strong></em>
<em><strong>2. G.O.Ms.No.309, HM&#38;FW (N1) Dept., dated:26-09-2000. </strong></em>
<em><strong>3. Rc.No.083/VS/F2/2000, Dated:15.07.2002 from O/o Chief Registrar Births and Deaths AP., </strong></em>
<em><strong>Hyderabad. </strong></em>
<em><strong>4. From the Chief Registrar Births and Deaths AP., Hyderabad &#38; Director of Health, AP., </strong></em>
<em><strong>Hyderabad Rc.No.083/VS/F2/2000, Dated:18.06.2003 and 29-07-2003. </strong></em>
<em><strong>5. Lr.TA/LAND/1265, dated:11.06.2004 from the Registrar Rashtriya Ispat Nigam Ltd., Deputy </strong></em>
<em><strong>General Manager (TA) Visakhapatnam-Steel Plant township, UKKUNAGARAM. </strong></em>
<em><strong>6. Lr.No.Hy/TA/RD&#38;D/2004, dated:30-07-2004 from Deputy General Manager (TA) Bharat </strong></em>
<em><strong>Heavy Electricals Limited, Ramachandrapuram, Hyderabad. </strong></em>
<em><strong>&#60;&#60;&#62;&#62;</strong></em>
<em><strong>O R D E R: </strong></em>
<em><strong> In super-session to the orders issued in the G.O. second read above, the following notification is </strong></em>
<em><strong>issued, as per the provisions under para (3) (1) (c ) of the G.O first read above. </strong></em>
<em><strong> The following notification will be published in the next issue of Andhra Pradesh Gazette. </strong></em>
<em><strong>NOTIFICATION</strong></em>
<em><strong> In exercise of the powers conferred by Sub-section (1) of section 7 of the Registration of Births and </strong></em>
<em><strong>Deaths Act, 1969 (Central Act. No.18 of 1969) the Governor of Andhra Pradesh hereby appoint the following </strong></em>
<em><strong>officials as Registrar of Births and Deaths for the Local Area mentioned:- </strong></em>
<em><strong>Industry / Project </strong></em>
<em><strong>Designated Officer appointed </strong></em>
<em><strong>as Registrar of Births and </strong></em>
<em><strong>Deaths </strong></em>
<em><strong>Local Area </strong></em>
<em><strong>1. Bharat Heavy Electrical Ltd. </strong></em>
<em><strong>Ramachandrapuram, Hyderabad. Manager / Estate </strong></em>
<em><strong>BHEL Township, </strong></em>
<em><strong>Ramachandrapuram, Medak </strong></em>
<em><strong>District. </strong></em>
<em><strong>2. Rashtriya Ispat Nigam Ltd., Steel </strong></em>
<em><strong>Plant Town Ship, Ukkunagaram, </strong></em>
<em><strong>Visakhapatnam </strong></em>
<em><strong>Assistant General Manger </strong></em>
<em><strong>(TA) </strong></em>
<em><strong>Visakhapatnam Steel Plant </strong></em>
<em><strong>Township Ukkunagaram, </strong></em>
<em><strong>Visakhapatnam. </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong> I.V.SUBBA RAO </strong></em>
<em><strong> PRINCIPAL SECRETARY TO GOVERNMENT </strong></em>
<em><strong>To </strong></em>
<em><strong>The Commissioner Printing and Stationary and Stores Purchase, Hyderabad. </strong></em>
<em><strong>The Chief Registrar of Births and Deaths, Director of Health, Hyderabad. </strong></em>
<em><strong>The Commissioner Printing &#38; Stationery Stores &#38; Purchases Department. </strong></em>
<em><strong>The Deputy General Manager Town Administration Rashtriya Ispat Nigam Limited, Visakhapatnam Steel </strong></em>
<em><strong>Plant Visakhapatnam. </strong></em>
<em><strong>The Deputy General Manager (TA) Bharat Heavy Electrical Limited, Ramachandrapuram, Hyderabad GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Medical and Health Services – Vital Statistics – Enforcement of Registration of Births and Deaths Act, 1969 </strong></em>
<em><strong>– Appointment of Deputy Additional District Registrar of Births and Deaths (Urban) for local area of </strong></em>
<em><strong>Municipal Corporation of Hyderabad – Orders – Issued. </strong></em>
<em><strong> ----------------------------------------------------------------------------------------------------------- </strong></em>
<em><strong>HEALTH MEDICAL AND FAMILY WELFARE (D1) DEPARTMENT </strong></em>
<em><strong>G.O.Rt.No.97. Dated 1</strong></em>
<em><strong>st</strong></em>
<em><strong> February, 2005.</strong></em>
<em><strong>Read the following :- </strong></em>
<em><strong>1. G.O.Ms.No.26, HM&#38;FW (D1) Dept., dt.12.01.2000. </strong></em>
<em><strong>2. From the Registrar General of India, New Delhi Circular No.6/11/2004-VS (CRS) </strong></em>
<em><strong>dt.13.04.2004. </strong></em>
<em><strong>3. From the Chief Registrar of Births and Death, A.P., Hyderabad &#38; Director of Health, </strong></em>
<em><strong>A.P, Hyderabad Letter dated 25.06.2004 Rc.No.083/VS/F2/2000, dt.18.06.2003 and </strong></em>
<em><strong>29.07.2003. </strong></em>
<em><strong>4. From the Commissioner, Municipal Administration of Hyderabad Letter </strong></em>
<em><strong>Rc.No.290/MCH/Health/VS/SO/2004, dt.03.09.2004. </strong></em>
<em><strong>***** </strong></em>
<em><strong>ORDER :</strong></em>
<em><strong> In continuation of the orders issued in the Government Order first read above, the following </strong></em>
<em><strong>notification will be published in the next extraordinary issue of Andhra Pradesh Gazette, dated 01.02.2005. </strong></em>
<em><strong>NOTIFICATION</strong></em>
<em><strong> “In exercise of the powers conferred by sub-section (1) of section-7 of the Registration of </strong></em>
<em><strong>Births and Deaths act, 1969 (Central Act No.18 of 1969) the Governor of Andhra Pradesh hereby appoints </strong></em>
<em><strong>the Chief Medical Officer of Health, Municipal Corporation, Hyderabad as Deputy Additional District </strong></em>
<em><strong>Registrar of Births and Deaths (Urban) for the local area of Municipal Corporation, Hyderabad.” </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) </strong></em>
<em><strong> C.B.S.VENKATA RAMANA </strong></em>
<em><strong>PRINCIPAL SECRETARY TO GOVERNMENT (I/C) </strong></em>
<em><strong>TO </strong></em>
<em><strong>The Commissioner, Printing, Stationery &#38; Stores Purchase, Hyderabad (with a request to publish the </strong></em>
<em><strong>Notification and to furnish 100 copies). </strong></em>
<em><strong>The Chief Registrar of Births and Deaths, Director of Health, Hyderabad. </strong></em>
<em><strong>The Commissioner, Municipal Corporation of Hyderabad. </strong></em>
<em><strong>The Registrar, Births and Deaths, Government of India, Ramkot,Hyderabad. </strong></em>
<em><strong>The District Collector, Hyderabad. </strong></em>
<em><strong>The MA&#38;UD(F) Department, </strong></em>
<em><strong>The Law(E) Department. </strong></em>
<em><strong>SF/SC. </strong></em>
<em><strong> //FORWARDED BY ORDER// </strong></em>
<em><strong> SECTION OFFICER GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>VITAL STATISTICS – Revamped System of Registration of Births and Deaths – Amendment to the A.P. Registration </strong></em>
<em><strong>of Births and Deaths Rules, 1999 – Notification - Issued. </strong></em>
<em><strong>--------------------------------------------------------------------------------------------------------------------------------------- </strong></em>
<em><strong>HEALTH MEDICAL &#38; FAMILY WELFARE (D1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.59 Dated:18</strong></em>
<em><strong>th</strong></em>
<em><strong> February, 2007. </strong></em>
<em><strong> Read the following:- </strong></em>
<em><strong>1. G.O.Ms.No.655, HM&#38;FW (N1) Dept., dt.29-12-1999. </strong></em>
<em><strong>2. From the Deputy Registrar General, Government of India, Ministry of Home Affairs, Office </strong></em>
<em><strong> of the Registrar General, India, New Delhi Letter No.6/3/2003-VS(CRS), dt.17-7-2006. </strong></em>
<em><strong>3. From the Director of Health, AP, Hyderabad Letter Rc.No.13784/Vs/F2/2006, dt.229-2006. </strong></em>
<em><strong>&#60;&#60;&#62;&#62; </strong></em>
<em><strong>ORDER:</strong></em>
<em><strong> In the Government Order first read above, the Government have issued the A.P. Registration of </strong></em>
<em><strong>Births and Deaths Rules, 1999. </strong></em>
<em><strong>2. In the letter second read above, the Government of India while communicating the revised proforma </strong></em>
<em><strong>of Birth Certificate and Death Certificate have requested the State Government to make necessary </strong></em>
<em><strong>amendments to the Registration of Births and Deaths Rules of the respective States. </strong></em>
<em><strong>3. In the letter third read above, the Director of Health, AP, Hyderabad has submitted proposals to </strong></em>
<em><strong>Government for modification of the Birth Certificate and Death Certificate along with Birth Report and </strong></em>
<em><strong>Death Report in A.P. Registration of Births and Deaths Rules, 1999. </strong></em>
<em><strong>4. The Government after careful examination, have decided to issue necessary amendment to the A.P. </strong></em>
<em><strong>Registration of Births and Deaths Rules, 1999 issued in G.O. Ms.No.655, HM&#38;FW(N1) Dept., dt.29-12-1999. </strong></em>
<em><strong>5. Accordingly, the following Notification shall be published in the Extraordinary issue of the Andhra </strong></em>
<em><strong>Pradesh Gazette dated the 19</strong></em>
<em><strong>th</strong></em>
<em><strong> February, 2007. </strong></em>
<em><strong>NOTIFICATION</strong></em>
<em><strong> In exercise of the powers conferred under section 30 of the Registration of Births and Deaths Act, </strong></em>
<em><strong>1969 ( Central Act 18 of 1969) the Governor of Andhra Pradesh hereby makes the following Amendment to </strong></em>
<em><strong>the Andhra Pradesh Registration of Births and Deaths Rules, 1999 as subsequently amended. </strong></em>
<em><strong>AMENDMENT</strong></em>
<em><strong> For Form Nos. 1,2,5,6,7 &#38; 8 appended to the said rules, the following forms shall be substituted, </strong></em>
<em><strong>namely:- </strong></em>
<em><strong> “Form No.1: form No:2 Form Nos5: Form No:6 Form No:7 Form No:8” </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVER OF ANDHRA PRADESH) </strong></em>
<em><strong> P.K.AGARWAL </strong></em>
<em><strong> PRINCIPAL SECRETARY TO GOVERNMENT </strong></em>
<em><strong>To </strong></em>
<em><strong>The Commissioner of Printing, Stationary &#38; Stores Purchase, A.P., Hyderabad. </strong></em>
<em><strong>The Director of Health, AP, Hyderabad. </strong></em>
<em><strong>All District Collectors in the Staate. </strong></em>
<em><strong>All District Medical &#38; Health Officers in the State. </strong></em>
<em><strong>Copy to: </strong></em>
<em><strong>The Deputy Registrar General, O/o the Registrar General, India, Ministry of Home Affairs, Government of </strong></em>
<em><strong>India, North Block, New Delhi. </strong></em>
<em><strong>The Law(E) Dept. </strong></em>
<em><strong>P.S to Spl. Secy. To C.M. </strong></em>
<em><strong>P.S. to Minister (Finance &#38; Health) </strong></em>
<em><strong>P.S. to Prl. Secy., HM&#38;FW. </strong></em>
<em><strong>SF/SCs </strong></em>
<em><strong>//FORWARDED:: BY ORDER// </strong></em>
<em><strong> SECTION OFFICER £ÖpâÀâ°° ×âª .1 m×â×â ¾Àá¬dâ m×â×â ¾Àá¬dâ gâÀâ°¾dâ: dâÀâÈÈ° m¾Wªn×âk¨ Z~ß» </strong></em>
<em><strong> ×ÖXÎâ° ~ßpâÀê°ô×â ¿xÀâÃékÖpâÀâ°° gâÇéªdâ ¿xÀâÃékÖpâÀâ°° adâýî m×â×âÀâ°° ÆÚÆÚgÖ ZÀÖÎâ°ÀâÈê×â°</strong></em>
<em><strong> (o ÅÖgâÀâ°°×â° m×â×â îÊÍß¦pâ°gÖ ÅâZ{â~ßpâkâÀâÈê×â°) (o ÅÖgâÀâ°°×â° Ævâ¬ðû gâÇéªdâ ÆÅÖgâÀâ°°×âæ ~ßª~ßÀâÈê×â°) </strong></em>
<em><strong>¿xÀâÃékÖpâÀâ°° yêÈ°~ßó ÀâXÑK ~ßóÖîªkâÀâÈû×â¬ </strong></em>
<em><strong>1. ~ßóüüs¦×â yá¬ </strong></em>
<em><strong>(²vâG m¾Wªn×â p¨mä,×êÈ ¿xª:: Àâ°° ZdâÀâ°Àâ°°È¨ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2. ²vâG ¶ªgâÀâ°° (~ßó/==çû©K=) </strong></em>
<em><strong>(~ßópâ°Íß°vâ° Èádâ =çû©K= Îâ°¾ ZÀÖÎâ°ÀâÈê×â °) </strong></em>
<em><strong>3. ²vâG ~öpâ° </strong></em>
<em><strong>(~öpâ° ~õr¦¾k¨fÖù¥gÖ IªkâÀâÈê×â°) </strong></em>
<em><strong>4. yâªZÚ ~öpâ° </strong></em>
<em><strong>(~ßóÖîK ~öpâ° yêÈ°~ßÀâÈê×â°) </strong></em>
<em><strong>5. yâ¶[ ~öpâ° </strong></em>
<em><strong>(~ßóÖîK ~öpâ° yêÈ°~ßÀâÈê×â°) </strong></em>
<em><strong>6. m¾Wªn×â ¿ßLÈÀâ°°: 1.A¿x°~ßZ» ~ö pâ° </strong></em>
<em><strong> 2.Eªsnpâ°×ÖÀâÃé </strong></em>
<em><strong>(~õô×â ~öp¨ý×â±Ú×â ´ªµâ Àâ°°, 1Èá{Ö2×â ° gâ°îKªn A¿x °~ßZ»È¨m¾Wªn×âÎê Ãvâ È </strong></em>
<em><strong>A¿x°~ßZ» ~öpâ° EªsÈ¨ m¾Wªn×â ÎêÃvâÈ Eªs npâ°×ÖÀâÃé ZÀÖÎâ°ÀâÈê ×â°.) </strong></em>
<em><strong>6U ²vâG m¾Wªn×â~ßóRvâ° </strong></em>
<em><strong> yâ¶[{âªZvâ°È npâ°×ÖÀâÃé </strong></em>
<em><strong>6².yâ¶[{âªZvâ°È ûLpâ¾ÀÖ¿x~ßó npâ°×ÖÀâÃé </strong></em>
<em><strong>7. ¿x Àâ ÃékÖpâ Àâ °° yê ¶Ä×â ÀÖî ~öpâ° npâ°×ÖÀâÃé </strong></em>
<em><strong>(1 ×â°ªÚ 20 ´ªµâÀâ°°È Àâpâæ ~ßóÖîKÆÀâpÖÈ° </strong></em>
<em><strong>ZÀÖû ZÑª{â ¿xªyâdâÀâ°° káÎâ°ÀâÈê×â°) </strong></em>
<em><strong>yá¬: ¿xªyâdâÀâ°°/ÀáÈ°Àâ°°Z{â </strong></em>
<em><strong>¿xÀâÃékÖpâÀâ°° yêÈ°~ßó ÀâXÑK ~ßóÖîªkâÀâÈû×â¬ </strong></em>
<em><strong>8. yâ¶[ ¾ÀÖ¿x ¿ßLÈÀâ°° U ZgÖÀâ°Àâ°° ~öpâ°:/~ßr¦ÇÀâ°° ~öpâ °: </strong></em>
<em><strong>². ZgÖÀâ°Àâ°°Èádâ ~ßr¦ÇÀâ°° ¿xîÎÎê°ô×â{Ö¾¾ gâ°îKªkâ°Àâ°° ZgÖÀâÃÀâ°° /~ß r¦ÇÀâ°°</strong></em>
<em><strong>û. ÊÈ[é ~öpâ° Ú. pÖ=çÍß¦=Àâ°° ~ö pâ°. </strong></em>
<em><strong>9. ær°ª±Àâ°° Îê°°dâý Àâ°yâÀâ°° 1þéª{â°Ö 2.Àâ°ÝßéÀâ°W¬ðÎâ°°È° 3.ZÑû¦Îâ°×Ò </strong></em>
<em><strong> 4. Eyâpâ Àâ°yâÀâ°° (~öpâ° ZÀÖÎâ°ÀâÈê ×â°): </strong></em>
<em><strong>10. yâªZÚ Æ{ÖXpâcyâ </strong></em>
<em><strong>(UªyâÀâpâæ kâ¬Æ ¹Ö¿õô×â¬yêÈ°~ßóÀâ°°) </strong></em>
<em><strong>11. yâ¶[ Æ{ÖXpâcyâ </strong></em>
<em><strong> (UªyâÀâpâæ kâ¬Æ ¹Ö¿õô×â¬yêr°~ßóÀâ°°) </strong></em>
<em><strong>12. yâªZÚ Àâ½»K </strong></em>
<em><strong>(ÀâXÀâÉÖÎâ°Àâ°°, ÀâXÀâÉÖÎâ°æÖ¶, I{¨Xgâ¿ßK°vêôyá OI{¨XgâÀâ°° ÀÖX¹ÖpâÀâ°° Àê°°: O~ß¾Èá¾k¨ ¾î{¨XÐ) </strong></em>
<em><strong>13. yâ¶[ Àâ½»K </strong></em>
<em><strong>(ÀâXÀâÉÖÎâ°Àâ°°, ÀâXÀâÉÖÎâ°æÖ¶, I{¨Xgâ¿ßK°vêôyá OI{¨XgâÀâ°° ÀÖX¹ÖpâÀâ°° Àê°°: O~ß¾Èá¾k¨ ¾î{¨XÐ) </strong></em>
<em><strong>14. ÆÀÖÝßé ¿xÀâ°Îâ°Àâ°°×â yâ¶[ ÀâÎâ°¿ß°b </strong></em>
<em><strong>(Àâ°pâÈ ÆÀÖÝßé ÀâÃéÚ×â ÀêÃ°{âs ÆÀÖÝßé ¿xÀâ°Îâ°Àâ°°×â ÀâÎâ°¿ß°b ~ßóÖîK ´Î°×â ¿xª:: Àâ°°ÈÈ¨ </strong></em>
<em><strong>15.Z~ß¿xÀâ ¿xÀâ°Îâ°Àâ°°×â yâ¶[ ÀâÎâ°¿ß°b(~ßóÖîK ´Î°×â ¿xª:: Àâ°°ÈÈ¨) </strong></em>
<em><strong>16. yâ¶[Ñ Z~ß¿ßK°yâ ²vâGy¨ dâ¶û, ¿xÊðÀâÀâ°°Ýßë ~ßós¦×â ²vâGÈ ¿xªfX </strong></em>
<em><strong>17. dÖ×â°R mîÄ×â {êÀâpâ° 1.Z~ßÅâ°yâ] Àêêô{âX ¿xª¿ßL 2.Z~õôÀár° Àêô{âX ¿xª¿ßL </strong></em>
<em><strong>(¿xîÎê°ô×â {Ö¾¾ gâ °îKªkâ°Àâ°°) 3. vÖdâ¦pâ°, ×âpâ°b, Æ°vÒ ÀêôÁÏ 4. úãâÇ ¹åª¬×â Àâ°ªZyâÉÖ¾ 5.Eyâpâ°È°</strong></em>
<em><strong>18. dÖ×â °R O Æ&#124;ââÀâ °°gÖ mîÐª¬ 1. ÉÖ&#124;ÖpâÇÀâ°° 2 ûmêîÎâ°×Ò 3.£èpÒ ¿õ~Ïb </strong></em>
<em><strong>(¿xîÎê°ô×â {Ö¾¾ gâ°îKªkâ°Àâ°°) </strong></em>
<em><strong>19. ~ßós¦×â ²vâG ±pâ°Àâó Ñ.ZgÖÀâ°°ÈÈ¨ </strong></em>
<em><strong>20.gâpâVÀâ°° ¾ªÚ×â ÀÖpâÀâ°°È° </strong></em>
<em><strong> îÊ=ç¤¦Öpâ° ~ßóÖîªkâÀâÈû×â¬. </strong></em>
<em><strong>×âÀê°Ö{â° ZdâÀâ° ¿xªfX: ×âÀê°Ö{â° káû×â yá¬: </strong></em>
<em><strong>~ßr¦ÇÀâ°° / ZgÖÀâ°Àâ°°: Àâ°ªvâÈÀâ°° </strong></em>
<em><strong>ÊÈ[é îÊ=ç Íö¦=Íß ×â° Îâ°°Ö¾rÒ </strong></em>
<em><strong>îÀâÃépâ°ýÈ° îÊ=ç¤¦Ö=pâ° ¿xªyâdâÀâ°° </strong></em>
<em><strong> ~öpâ° </strong></em>
<em><strong> îÊZ¤¦Öpâ° ~ßóÖîªkâÀâÈû×â¬ </strong></em>
<em><strong>Îâ°°Ö¾rÒ d¨vÒ ×êª: ×âÀê°Ö{â° ZdâÀâ°¿xªfX: ×âÀê°Ö{â° káû×âyá¬: </strong></em>
<em><strong>ÊÈ[é ~öpâ°: ~ßós¦×â yá¬: </strong></em>
<em><strong>Àâ°ªvâÈÀâ°°: ¶ªgâÀâ°° : 1.Àâ°gâ 2Avâ </strong></em>
<em><strong>~ßr¦ÇÀâ°°/ZgÖÀâ°Àâ°°: ~ßóós¦×â ¿ßLÈª: 1. A¿x°~ßZ» 2. EÈ[° </strong></em>
<em><strong>îÊZ¿ö¦Íß×Ò Îâ°°Ö¾rÒ îÊZ¤¦Öpâ° ~ö pâ°: </strong></em>
<em><strong> ¿xªyâdâÀâ°°: £ÖpâÀâ°° ×âª .2 Àâ°pâÇ ¾Àá¬dâ Àâ°pâÇ ¾Àá¬dâ </strong></em>
<em><strong> ×ÖXÎâ°~ßpâÀê°ô×â ¿xÀâÃékÖpâÀâ°° gâÇéªdâ ¿xÀâÃékÖpâÀâ°° </strong></em>
<em><strong> (o ÅÖgâÀâ°° Àâ°pâÇ îÊÍß¦pâ°gÖ ÅâZ{â~ßpâkâÀâÈê×â°) (o ÅÖgâÀâ°°×â° Ævâ¬ðû gâÇéªdâ ÆÅÖgâÀâ°°×âæ ~ßª~ßÀâÈê×â°) </strong></em>
<em><strong>¿xÀâÃékÖpâÀâ°° yêÈ°~ßó ÀâXÑK ~ßóÖîªkâÀâÈû×â¬ </strong></em>
<em><strong>1. Àâ°pâ§ªn×â yá¬: </strong></em>
<em><strong>(Àâ°pâ§ªn×â yá¬, ×êÈ Àâ°îÎâ°° ¿xª:: Àâpâ°¿xgÖ ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2. Àâ°pâ§ªn×â ÀâXÑK ~öpâ°: </strong></em>
<em><strong>(~ßóÖîK ~öpâ° ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2O.yâªZÚ /ÅâpâK ~öpâ°</strong></em>
<em><strong>(~ßóÖîK ~öpâ° ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2².yâ¶[ ~öpâ° </strong></em>
<em><strong>(~ßóÖîK ~öpâ° ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>3. Àâ°pâ§ªn×â ÀâXÑK ¶ªgâÀâ°°(~ßó /=çZûKð) </strong></em>
<em><strong>(~ßópâ°Íß°vâ° Èádâ ZûKð ´¾ ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>4. Àâ°pâ§ªn×â ÀâXÑK ÀâÎâ°¿ß°b </strong></em>
<em><strong>5. Àâ°pâ§ªn×â ¿ßLÈÀâ°° </strong></em>
<em><strong>1. A¿x°~ßZ» ~öpâ° 2.Eªs npâ°×ÖÀâÃé 3. Eyâpâ ¿ßLÈÀâ°° </strong></em>
<em><strong>(~õô×â ~öp¨ý×â±Ú×â ´ªµâÀâ°° 1 Èádâ 2 Èádâ 3 ×â° gâ°îKªn, Àâ°pâ§ªn×â ¿ßLÈÀâ°° O{êô×Ö </strong></em>
<em><strong>ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong> 6O. Àâ°pâ§ªn×â ~ßóRvâ° Àâ°½yâ°¾ npâ°×ÖÀâÃé: </strong></em>
<em><strong> 6². Àâ°pâ§ªn×â ÀâXÑK ûLpâ¾ÀÖ¿x~ßó npâ°×ÖÀâÃé </strong></em>
<em><strong>7. ¿xÀâÃékÖpâÀâ°° yê¶Ä×â ÀÖî ~öpâ°: </strong></em>
<em><strong> npâ°×ÖÀâÃé </strong></em>
<em><strong>(1 ×â°ªÚ 18 ´ªµâÀâ°°È Àâpâæ ~ßóÖîK ÆÀâpÖÈ° ZÀÖû ZÑª{â ¿xªyâdâÀâ°° káÎâ°ÀâÈê×â°) </strong></em>
<em><strong> yá¬: ¿xªyâdâÀâ°°/ÀáÈ° Àâ°°Z{â </strong></em>
<em><strong>¿xÀâÃékÖpâÀâ°° yêÈ°~ßó ÀâXÑK ~ßóÖîªkâÀâÈû×â¬ </strong></em>
<em><strong>8.Àâ°pâ§ªn×â ÀâXÑK ¾ÀÖ¿x ¿ßLÈÀâ°°: U. ZgÖÀâ°Àâ°° / ~ßr¦ÇÀâ°° ~öpâ°: </strong></em>
<em><strong>(Àâ°pâ§ªn×â ÀâXÑK ÉÖ&#124;ÖpâÇÀâ°°gÖ ¾Àâûªkâ° Z~ß{áµâÀâ°°, E¬ Àâ°pâ§ªn×â Z~ß{áµâÀâ°°×âæ ~öpâ°gÖ IªvâÀâkâ°+) </strong></em>
<em><strong>². ZgÖÀâ°Àâ°° Èádâ ~ßr¦ÇÀâ°° (¿xîÎê°ô×â {Ö¾¾ gâ°îKªkâ°Àâ°°) ZgÖÀâ°Àâ°° / ~ßr¦ÇÀâ°° </strong></em>
<em><strong>Û. ÊÈ[é ~öpâ° Ú. pÖZÍß¦Àâ°° ~öpâ° </strong></em>
<em><strong>9. Àâ°yâÀâ°°:(ZÑª¬ ÀÖsÈ¨ ¿xîÎê°ô×â{Ö¾¾ gâ°îKªkâ°Àâ°°)</strong></em>
<em><strong>1.þéª{â°Ö. 2.Àâ°ÝßéÀâ°W¬ðÎâ°°È° 3.ZÑðû¦Îâ°×Ò 4.Eyâpâ Àâ°yâÀâ°° (Àâ°yâÀâ°° ~öpâ° ZÀÖÎâ°°Àâ°°)</strong></em>
<em><strong>10.Àâ°pâ§ªn×â ÀâXÑK Àâ½»K: </strong></em>
<em><strong>(ÀâXÀâÉÖÎâ°Àâ°°, ÀâXÀâÉÖÎâ° æÖ¶, I{¨Xgâ¿ßL°vêôyá O I{¨XgâÀâ°°, ÀÖX¹ÖpâÀâ°° Àê°°:: Us¦ ~ß¾ Èá ¾k¨ ¾pâ °{¨XÐ ´¾ ZÀÖÎâ °ÀâÈê×â °) </strong></em>
<em><strong>11.Àâ°pâÇÀâ°°×âæ Àâ°°ª{â° »ð¿x°d³¾×â Àêô{âX ¿xÝßëÎâ°Àâ°°:(¿xîÎê°ô×â ´ªµâÀâ°°×â° gâ°îKªkâ°Àâ°°) </strong></em>
<em><strong>1.Àêô{âX ¿xª¿ßL 2. Eyâpâ Àêô{âX ¿xÝßéÎâ°Àâ°° 3. Àêô{âX ¿xÝßéÎâ°Àâ°° Èá{â° </strong></em>
<em><strong>12. Àâ°pâÇ dÖpâÇÀâ°° Àêô{âX ~ßpâªgÖ &#124;â½Æðdâîªkâ±Ú×â{Ö: 1.´Àâó×â° 2.Èá{â° </strong></em>
<em><strong>(o ZÑª¬ ÀÖsÈ¨ ¿xîÎê°ô×â {Ö¾¾ gâ°îKªkâ°Àâ°°) </strong></em>
<em><strong>13.ÀÖX¬ ~öpâ° Èádâ Àâ°pâÇ dÖpâÇÀâ°°: </strong></em>
<em><strong>(Àâ°pâÇÀâ°° Àêô{âX ~ßpâªgÖ &#124;â½Æðdâîª~ß±Ú×Ö Èádâ¹èÎ°×Ö) </strong></em>
<em><strong>14.Àâ°pâ§ªn×â ÀâXÑK =çZûKð ´Î°×âk¨ </strong></em>
<em><strong>(Àâ°pâÇÀâ°° gâpâVÀâ»gÖ I×âQ~ßRvâ° mîÐ×â{Ö, Z~ß¿xÆªkâ° : 1.´Àâó×â° 2.Èá{â°</strong></em>
<em><strong>¿xÀâ°Îâ°Àâ°°È¨ Èádâ dÖ×â°RyâpÖ]yâ Apâ° ÀÖpâÀâ°°ÈÈ¨ mîÐ×â{Ö)</strong></em>
<em><strong>(15. ¹ågâ ZyÖgâ° ´ÈÀÖr° Àâó×âQk¨ U¾Q ¿xªÀâyâbpâÀâ°°È ×â°ªÚ: </strong></em>
<em><strong>16. ¹ågÖæ, gâ°réý ×âÀâ°°È° ´ÈÀÖr° Àâó×âQk¨ U¾Q ¿xªÀâyâbpâÀâ°°È×â°ªÚ: </strong></em>
<em><strong>17. mpPÖ, ¹Ö×Ò Àâ°ÉÖÈé ´ÈÀÖr° Àâó×âQk¨ U¾Q ¿xªÀâyâbpâÀâ°°È ×â°ªÚ </strong></em>
<em><strong>18.ZyÖgâ°vâ° ´ÈÀÖr° Àâó×âQk¨ U¾Q ¿xªÀâyâbpâÀâ°°È ×â°ªÚ: </strong></em>
<em><strong>îÊ=ç¤¦Öpâ° ~ßóÖîªkâÀâÈû×â¬. </strong></em>
<em><strong>×âÀê°Ö{â° ZdâÀâ° ¿xªfX: ×âÀê°Ö{â° káû×â yá¬: </strong></em>
<em><strong>~ßr¦ÇÀâ°° / ZgÖÀâ°Àâ°°: Àâ°ªvâÈÀâ°° </strong></em>
<em><strong>ÊÈ[é îÊ=çÍö¦=Íß×â° Îâ°°Ö¾rÒ </strong></em>
<em><strong>îÀâÃépâýÈ° îÊ=ç¤¦Ö=pâ° ¿xªyâdâÀâ°° </strong></em>
<em><strong> ~öpâ° </strong></em>
<em><strong>îÊ=ç¤¦Öpâ° ~ßóÖîªkâÀâÈû×â¬. </strong></em>
<em><strong>~öpâ° d¨vÒ ×âª ×âÀê°Ö{â° ZdâÀâ° ¿xªfX: ×âÀê°Ö{â° káû×â yá¬: </strong></em>
<em><strong>ÊÈ[é Àâ°pâ§ªn×ââ yá¬ </strong></em>
<em><strong> ¶ªgâÀâ°°: Àâ°gâ / Avâ </strong></em>
<em><strong>Àâ°ªvâÈÀâ°° ÀâÎâ°¿ß°b: (¿xª:: Àâ°°È° /×êÈÈ° /p¨mäÈ°/gâªrÈ°) </strong></em>
<em><strong> Àâ°pâ§ªn×â ¿ßLÈÀâ°°: 1. A¿x°~ßZ» /¿xª¿ßL 2. EÈ[° 3. EyâpâÀâ°°È° </strong></em>
<em><strong> îÊ=ç¤¦Öpâ° ~öpâ° ¿xªyâdâÀâ°°FORM NO: 5 </strong></em>
<em><strong>AªZ&#124;âZ~ß{áµÒ Z~ßÅâ°yâ]Àâ°° </strong></em>
<em><strong>GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>Àêô{âX Ap¨gâX µÖf </strong></em>
<em><strong>MEDICAL &#38; HEALTH DEPARTMENT </strong></em>
<em><strong>m×â×â {â½Àâ~ßZyâÀâ°° </strong></em>
<em><strong>Birth Certificate</strong></em>
<em><strong>m×â×â Àâ°pâÇ ×âÀêÃé{â° kâr¦Àâ°° 1969, 12/17. ÆÅÖgâÀâ°° Z~ßdÖpâÀâ°°, AªZ&#124;âZ~ß{áµÒ m×â×â Àâ°pâÇ×âÀêÃé{â° ¾±ª&#124;â×âÈ° 1999,8/13 ¾±ª&#124;â×âZÑª{â méî káÎâ°±vð×â¬ </strong></em>
<em><strong>(Issued under Section 12/17 of the Registration of Births and Deaths Act 1969 and Rules 8/13 of the Andhra Pradesh Registration of </strong></em>
<em><strong>Births and Deaths Rules 1999) </strong></em>
<em><strong>AªZ&#124;âZ~ß{áµÒ ………………………… ÊÈ[é ………………………………… Àâ°ªvâÈÀâ°° </strong></em>
<em><strong>………………………………... ( ÉLÖ¾dâ Z~ß{áµâÀâ°°) m×â×â Àâ°pâÇ îÊÍß¦pâ°È¨¾ m×â×Ö¾Ñ ¿xª±ªºªn×â </strong></em>
<em><strong>´¿xÈ° îdÖpâG° ×â°ªÚ, ZÑª¬ ¿xÀâÃékÖpâÀâ°° »¥ûd³×â±Ú×â{â¾ &#124;â½Æ¥dâîªkâvâÀê°ô×â¬. </strong></em>
<em><strong>This is to Certify that the following information has been taken from the original record of birth, which is in the register for</strong></em>
<em><strong>……..……………..….…….. (local area / local body) of Mandal …………..….…… of District ………………..……… of </strong></em>
<em><strong>State Andhra Pradesh </strong></em>
<em><strong>~ö pâ ° </strong></em>
<em><strong>Name : ………………………………………………………………….. </strong></em>
<em><strong>¶ªgâÀâ°° </strong></em>
<em><strong>Sex : ………………………………………………………………….. </strong></em>
<em><strong>~ßós¦×â yá¬ </strong></em>
<em><strong>Date of Birth : ………………………………………………………………… </strong></em>
<em><strong>~ßós¦×â ¿ßLÈÀâ°° </strong></em>
<em><strong>Place of Birth : …………………………………………………………………. </strong></em>
<em><strong>yâ ¶[ ~ö pâ ° </strong></em>
<em><strong>Name of the mother : ………………………………………………………………….. </strong></em>
<em><strong>yâ ªZÚ ~ö pâ° </strong></em>
<em><strong>Name of the Father : ………………………………………………………………….. </strong></em>
<em><strong>²vâG m¾Wªn×â~ßó{â° yâ¶[ {âªZvâ°È npâ°×ÖÀâÃé yâ¶[ {âªZvâ°È ûLpâ¾ÀÖ¿x~ßó npâ°×ÖÀâÃé </strong></em>
<em><strong>Address of the parents at the time of Birth of Child Permanent Address of Parents </strong></em>
<em><strong>……………………………………………. ……………………………</strong></em>
<em><strong>………………………………………….. ……………………………</strong></em>
<em><strong>×âÀê°Ö{â ° ¿xªfX </strong></em>
<em><strong>Registration No: </strong></em>
<em><strong>×â Àê °Ö{â ° yá ¬ </strong></em>
<em><strong>Date of Registration </strong></em>
<em><strong>îÀâÃépâ°ýÈ° </strong></em>
<em><strong>Remarks </strong></em>
<em><strong>méîkáû×â yá¬ </strong></em>
<em><strong> méîð káû×â ´ºdÖî ¿xªyâdâÀâ°° Àâ°îÎâ°° npâ°×ÖÀâÃé</strong></em>
<em><strong>Date of Issue Signature of the issuing authority and address </strong></em>
<em><strong> ¿xððÈ° /Seal FORM NO: 6 </strong></em>
<em><strong>AªZ&#124;âZ~ß{áµÒ Z~ßÅâ°yâ]Àâ°° </strong></em>
<em><strong>GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>Àêô{âX Ap¨gâX µÖf </strong></em>
<em><strong>MEDICAL &#38; HEALTH DEPARTMENT </strong></em>
<em><strong>Àâ°pâÇâ {â½Àâ~ßZyâÀâ°° </strong></em>
<em><strong>Death Certificate</strong></em>
<em><strong>m×â×â Àâ°pâÇ ×âÀêÃé{â° kâr¦Àâ°° 1969, 12/17. ÆÅÖgâÀâ°° Z~ßdÖpâÀâ°°, AªZ&#124;âZ~ß{áµÒ m×â×â Àâ°pâÇ×âÀêÃé{â° ¾±ª&#124;â×âÈ° 1999,8/13 ¾±ª&#124;â×âZÑª{â méî káÎâ°±vð×â¬ </strong></em>
<em><strong>(Issued under Section 12/17 of the Registration of Births and Deaths Act 1969 and Rules 8/13 of the Andhra Pradesh Registration of </strong></em>
<em><strong>Births and Deaths Rules 1999) </strong></em>
<em><strong>AªZ&#124;âZ~ß{áµÒ ………………………… ÊÈ[é ………………………………… Àâ°ªvâÈÀâ°° </strong></em>
<em><strong>………………………………... ( ÉLÖ¾dâ Z~ß{áµâÀâ°°) m×â×â Àâ°pâÇ îÊÍß¦pâ°È¨¾ m×â×Ö¾Ñ ¿xª±ªºªn×â </strong></em>
<em><strong>´¿xÈ° îdÖpâG° ×â°ªÚ, ZÑª¬ ¿xÀâÃékÖpâÀâ°° »¥ûd³×â±Ú×â{â¾ &#124;â½Æ¥dâîªkâvâÀê°ô×â¬. </strong></em>
<em><strong>This is to Certify that the following information has been taken from the original record of birth, which is in the register for </strong></em>
<em><strong>……..……………..….…….. (local area / local body) of Mandal ……..…….……… of District …………………..……… </strong></em>
<em><strong>of State Andhra Pradesh </strong></em>
<em><strong>~ö pâ ° </strong></em>
<em><strong>Name : ………………………………………………………………….. </strong></em>
<em><strong>¶ªgâÀâ°° </strong></em>
<em><strong>Sex : ……………………………………………………………… </strong></em>
<em><strong>Àâ°pâ§ªn×â yá¬ </strong></em>
<em><strong>Date of Death : ………………………………………………………………….. </strong></em>
<em><strong>Àâ°pâ§ªn×â Z~ß{áµâÀâ°° </strong></em>
<em><strong>Place of Death : ………………………………………………………………….. </strong></em>
<em><strong>yâ¶[ ~öpâ° </strong></em>
<em><strong>Name of the Mother: .. ……………………………………………………………….</strong></em>
<em><strong>yâªZÚ / ÅâpâK ~öpâ° </strong></em>
<em><strong>Name of Father / Husband: ……………………………………………………………. </strong></em>
<em><strong>Àâ°pâ§ªn×â~ßóvâ° Àâ°½yâ°¾ npâ°×ÖÀâÃé Àâ°½yâ°¾ ûLpâ¾ÀÖ¿x~ßó npâ°×ÖÀâÃé </strong></em>
<em><strong>Address fo the Deceased at the time of Death Permanent Address of / Deceased </strong></em>
<em><strong>……………………………………… ………………………………….. </strong></em>
<em><strong>……………………………………… ………………………………….. </strong></em>
<em><strong>……………………………………… ………………………………….. </strong></em>
<em><strong>×âÀê°Ö{â ° ¿xªfX </strong></em>
<em><strong>Registration No: </strong></em>
<em><strong>×â Àê °Ö{â ° yá ¬ </strong></em>
<em><strong>Date of Registration </strong></em>
<em><strong>îÀâÃépâ°ýÈ° </strong></em>
<em><strong>Remarks </strong></em>
<em><strong>méîkáû×â yá¬ méîð káû×â ´ºdÖî ¿xªyâdâÀâ°° Àâ°îÎâ °° npâ°×ÖÀâÃé</strong></em>
<em><strong>Date of Issue Signature of the issuing authority and address </strong></em>
<em><strong> ¿xððÈ° /Seal£Öpâª ×âª:7 m×â×â îÊZÍß¦pâ° </strong></em>
<em><strong> m×â×â ¾Àá¬dâ </strong></em>
<em><strong> ×ÖXÎâ° ~ßpâÀê°ô×â ¿xÀâÃékÖpâÀâ°° </strong></em>
<em><strong> (o ÅÖgâÀâ°°×â° m×â×â îÊZÍß¦pâ°gÖ ÅâZ&#124;â~ßpâkâÀâÈê×â°) </strong></em>
<em><strong>1. ~ßóüüs¦×â yá¬ : </strong></em>
<em><strong>(²vâG m¾Wªn×â p¨mä,×êÈ ¿xª:: Àâ°° ZdâÀâ°Àâ°°È¨ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2. ²vâG ¶ªgâÀâ°° (~ßó/==çû©K=) : </strong></em>
<em><strong>(~ßópâ°Íß°vâ° Èádâ =çû©K= Îâ°¾ ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>3. ²vâG ~öpâ° ~õr¦¾k¨fÖù¥gÖ IªkâÀâÈê×â°) : </strong></em>
<em><strong>4. yâªZÚ ~öpâ° : </strong></em>
<em><strong>(~ßóÖîK ~öpâ° yêÈ~ßÀâÈê×â°) </strong></em>
<em><strong>5. yâ¶[ ~öpâ° : </strong></em>
<em><strong>(~ßóÖîK ~öpâ° yêÈ~ßÀâÈê×â°) </strong></em>
<em><strong>6. m¾Wªn×â ¿ßLÈÀâ°°: 1.A¿x°~ßZ» ~öpâ°/2.Eªsnpâ°×ÖÀâÃé : </strong></em>
<em><strong>(~õô×â ~öp¨ý×â±Ú×â ´ªµâÀâ°°, 1Èá{Ö2×â° gâ°îKªn A¿x°~ßZ»È¨m¾Wªn×âÎêÃvâ È </strong></em>
<em><strong>A¿x°~ßZ» ~öpâ° EªsÈ¨ m¾Wªn×â ÎêÃvâÈ Eªs npâ°×ÖÀâÃé ZÀÖÎâ°ÀâÈê ×â°.) </strong></em>
<em><strong>6U ²vâG m¾Wªn×â~ßóRvâ° yâ¶[{âªZvâ°È npâ°×ÖÀâÃé :</strong></em>
<em><strong>6².yâ¶[{âªZvâ°È ûLpâ¾ÀÖ¿x~ßó npâ°×ÖÀâÃé </strong></em>
<em><strong>7. ¿xÀâÃékÖpâÀâ°° yê¶Ä×â ÀÖî ~öpâ° : </strong></em>
<em><strong> npâ°×ÖÀâÃé </strong></em>
<em><strong>(1 ×â°ªÚ 20 ´ªµâÀâ°°È Àâpâæ ~ßóÖîKÆÀâpÖÈ° ZÀÖû ZÑª{â ¿xªyâdâÀâ°° káÎâ°ÀâÈê×â° </strong></em>
<em><strong> ¿xªyâdâÀâ°° / ÀáÈ°Àâ°°Z{â </strong></em>
<em><strong>îÊ=ç¤¦Öpâ° ~ßóÖîªkâÀâÈû×â¬. </strong></em>
<em><strong> ×âÀê°Ö{â° ZdâÀâ° ¿xªfX: ×âÀê°Ö{â° káû×â yá¬: </strong></em>
<em><strong> ~ßr¦ÇÀâ°° / ZgÖÀâ°Àâ°°: Àâ°ªvâÈÀâ°° </strong></em>
<em><strong> ÊÈ[é îÊ=çÍö¦=Íß×â° Îâ°°Ö¾rÒ </strong></em>
<em><strong> îÀâÃépâýÈ° </strong></em>
<em><strong> îÊ=ç¤¦Ö=pâ° ¿xªyâdâÀâ°° </strong></em>
<em><strong> ~öpâ° £Öpâª ×âª:8 Àâ°pâÇ îÊZÍß¦pâ° </strong></em>
<em><strong> Àâ°pâÇ ¾Àá¬dâ </strong></em>
<em><strong> ×ÖXÎâ° ~ßpâÀê°ô×â ¿xÀâÃékÖpâÀâ°° </strong></em>
<em><strong> (o ÅÖgâÀâ °°×â ° Àâ °pâ Ç îÊZÍß¦ pâ °gÖ ÅâZ&#124;â~ßpâkâÀâÈê×â°) </strong></em>
<em><strong>1. Àâ°pâ§ªn×â yá¬: </strong></em>
<em><strong>(Àâ°pâ§ªn×â yá¬, ×êÈ Àâ°îÎâ°° ¿xª:: Àâpâ°¿xgÖ ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2. Àâ°pâ§ªn×â ÀâXÑK ~öpâ°: </strong></em>
<em><strong>(~ßóÖîK ~öpâ° ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2O.yâªZÚ /ÅâpâK ~öpâ°</strong></em>
<em><strong>(~ßóÖîK ~öpâ° ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>2².yâ¶[ ~öpâ° </strong></em>
<em><strong>(~ßóÖîK ~öpâ° ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>3. Àâ°pâ§ªn×â ÀâXÑK ¶ªgâÀâ°°(~ßó /=çZûKð) </strong></em>
<em><strong>(~ßópâ°Íß°vâ° Èádâ ZûKð ´¾ ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong>4. Àâ°pâ§ªn×â ÀâXÑK ÀâÎâ°¿ß°b </strong></em>
<em><strong>5. Àâ°pâ§ªn×â ¿ßLÈÀâ°° </strong></em>
<em><strong>1A¿x°~ßZ» ~öpâ° 2.Eªs npâ°×ÖÀâÃé 3. Eyâpâ ¿ßLÈÀâ°° </strong></em>
<em><strong>(~õô×â ~öp¨ý×â±Ú×â ´ªµâÀâ°° 1 Èádâ 2 Èádâ 3 ×â° gâ°îKªn, Àâ°pâ§ªn×â ¿ßLÈÀâ°° O{êô×Ö ZÀÖÎâ°ÀâÈê×â°) </strong></em>
<em><strong> 6O. Àâ°pâ§ªn×â ~ßóRvâ° Àâ°½yâ°¾ npâ°×ÖÀâÃé: </strong></em>
<em><strong> 6². Àâ°pâ§ªn×â ÀâXÑK ûLpâ¾ÀÖ¿x~ßó npâ°×ÖÀâÃé </strong></em>
<em><strong> 7. ¿xÀâÃékÖpâÀâ°° yê¶Ä×â ÀÖî ~öpâ°: </strong></em>
<em><strong> npâ°×ÖÀâÃé </strong></em>
<em><strong>(1 ×â°ªÚ 18 ´ªµâÀâ°°È Àâpâæ ~ßóÖîK ÆÀâpÖÈ° ZÀÖû ZÑª{â ¿xªyâdâÀâ°° káÎâ°ÀâÈê×â°) </strong></em>
<em><strong>yá¬ ¿xªyâdâÀâ°°/ÀáÈ°Àâ°°Z{â </strong></em>
<em><strong>îÊ=ç¤¦Öpâ° ~ßóÖîªkâÀâÈû×â¬. </strong></em>
<em><strong> ×âÀê°Ö{â° ZdâÀâ° ¿xªfX: ×âÀê°Ö{â° káû×â yá¬: </strong></em>
<em><strong> ~ßr¦ÇÀâ°° / ZgÖÀâ°Àâ°°: Àâ°ªvâÈÀâ°° </strong></em>
<em><strong> ÊÈ[é îÊ=çÍö¦=Íß×â° Îâ°°Ö¾rÒ </strong></em>
<em><strong> îÀâÃépâýÈ° </strong></em>
<em><strong> îÊ=ç¤¦Ö=pâ° ¿xªyâdâÀâ°° </strong></em>
<em><strong> ~öpâ° GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Medical &#38; Health Services – Vital Statistics – Enforcement of Registration of births &#38; Deaths Act, 1969 – Appointment of </strong></em>
<em><strong>the Commissioner, Greater Hyderabad Municipal corporation as District Registrar of Births &#38; Deaths for local area of </strong></em>
<em><strong>Greater Hyderabad Municipal Corporation – Orders – Issued. </strong></em>
<em><strong>HEALTH MEDICAL AND FAMILY WELFARE (D1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.329 Dated:1</strong></em>
<em><strong>st</strong></em>
<em><strong> October, 2007</strong></em>
<em><strong> Read the following:- </strong></em>
<em><strong> 1.G.O.Ms.No.26, HM&#38;FW (D1) Dept. Dt.12-01-2000. </strong></em>
<em><strong> 2. G.O.Ms.No.97, HM&#38;FW (D1) Dept. Dt. 01-02-2006. </strong></em>

<em><strong>&#60;&#60;&#62;&#62; </strong></em>
<em><strong>O R D E R:</strong></em>
<em><strong>In continuation of the orders issued in the Government Orders first and second read above, the Government after careful </strong></em>
<em><strong>examination of the proposal of the Chief Registrar of Births &#38; Deaths and Director of Health, Andhra Pradesh, Hyderabad </strong></em>
<em><strong>hereby issued following notification for publication in the next extraordinary issue of Andhra Pradesh Gazette. </strong></em>
<em><strong>NOTIFICATION</strong></em>
<em><strong>“In exercise of the power conferred by sub-section (1) of section-7 of the Registration of Births and Deaths Act. 1969 </strong></em>
<em><strong>(Central Act No.18 of 1969) the Governor of Andhra Pradesh hereby issues the following order: </strong></em>
<em><strong>1. The Commissioner, Greater Hyderabad Municipal Corporation shall act as District Registrar of Births and </strong></em>
<em><strong>Deaths (Under section 6 of the Registration of Births and Deaths Act 1969). </strong></em>
<em><strong>2. The Chief Medical Officer of Health, Greater Hyderabad Municipal Corporation shall be appointed as </strong></em>
<em><strong>Principal Registrar of Births and Deaths for the entire Greater Hyderabad Municipal Corporation area as </strong></em>
<em><strong>supervising coordinating and monitoring authority. </strong></em>
<em><strong>3. The Assistant Medical Officer of Health, of the circle / the Deputy Commissioner of the circles where there is </strong></em>
<em><strong>no post of Assistant Medical Officer of Health in Greater Hyderabad Municipal Corporation shall be </strong></em>
<em><strong>appointed as Registrars of Births and Deaths for their respective circles. </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF AHDHRA PRADESH) </strong></em>
<em><strong> P.K.AGARWAL </strong></em>
<em><strong> PRINCIPAL SECRETARY TO GOVERNMENT </strong></em>
<em><strong>To: </strong></em>
<em><strong>The Commissioner, Printing, Stationary &#38; Stores Purchase, Hyderabad </strong></em>
<em><strong>(with a request to publish the Notification and to furnish 100 copies ) </strong></em>
<em><strong>The Chief Registrar of Births &#38; Deaths and Director of Health, AP, Hyderabad </strong></em>
<em><strong>The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. </strong></em>
<em><strong>The Registrar, Births &#38; Deaths, Government of India, Ramkot, Hyderabad. </strong></em>
<em><strong>Copy to:</strong></em>
<em><strong>The District Collector, Hyderabad. </strong></em>
<em><strong>The District Medical &#38; Health Officer, Hyderabad. </strong></em>
<em><strong>P.S. to Minister (Health &#38; FW) </strong></em>
<em><strong>The MA&#38;UD (F) Department. GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT </strong></em>
<em><strong>Rules – Rules relating to the functions of Panchayat Secretary under Section 268 read with 36(6) of the Andhra </strong></em>
<em><strong>Pradesh Panchayat Raj Act, 1994-Orders – issued. </strong></em>
<em><strong>PANCHAYAT RAJ &#38; RURAL DEVELOPMENT (MDL.II) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No.199. Dated:18-5-2007 </strong></em>
<em><strong> Read the following:-</strong></em>
<em><strong>1. G.O.Ms.No.4, P.R. &#38; R.D. (Mdl.II) Dept. Dt.7-1-2006. </strong></em>
<em><strong>2. G.O.Ms.No.1950, Revenue (VA,I) Department, dt.30-12-2006. </strong></em>
<em><strong>3. G.Ms.No.105, Revenue (VA.I) Department, dt31-1-2007. </strong></em>
<em><strong>4. From the Commissioner, P.R. &#38; R.E. Hyderabad. </strong></em>
<em><strong>5. Lr.No.122/CPR&#38;RE/B1/2007, Dated:2-2-2007. </strong></em>
<em><strong>ORDER: </strong></em>
<em><strong>1. In the reference 1</strong></em>
<em><strong>st</strong></em>
<em><strong> read above, Government have issued Rules relating to functions of panchayat </strong></em>
<em><strong>Secretary. </strong></em>
<em><strong>2. In the reference 2</strong></em>
<em><strong>nd</strong></em>
<em><strong> read above the Revenue (VA.1) Department have issued orders for creation of Revenue </strong></em>
<em><strong>functionary at the village level under the exclusive control of the Mandal Revenue Officers to handle the work </strong></em>
<em><strong>relating to Land and Revenue matters at Village level. </strong></em>
<em><strong>3. In the reference 3</strong></em>
<em><strong>rd</strong></em>
<em><strong> read above, the Revenue (VA.1) Department have also issued orders transferring the </strong></em>
<em><strong>erstwhile 6752 Village Administrative Officers working as Panchayat Secretaries and 2800 erstwhile Village </strong></em>
<em><strong>Administrative Officers working as part time Assistants under the control of Mandal Parishad Development </strong></em>
<em><strong>Officers in Panchayat Raj &#38; Rural Development Department to the Tahsildars of Revenue Department w.e.f </strong></em>
<em><strong>8.2.2007. Orders were also issued therein relating to Job Chart of Village Revenue Officers with 51 functions </strong></em>
<em><strong>and to recast the Job chart of Panchayat Secretaries working in Panchayat Raj Department. </strong></em>
<em><strong>4. In the reference 4rth read above, the Commissioner, Panchayat Raj &#38; Rural Employment Hyderabad has </strong></em>
<em><strong>stated that consequent on separation of revenue functionary from the Panchayat Raj Department there is every </strong></em>
<em><strong>need to revise the existing Job Chart of Panchayat Secretaries issued in the reference 1</strong></em>
<em><strong>st</strong></em>
<em><strong> read above. </strong></em>
<em><strong>5. Government after careful examination of the matter, have accepted the proposals of the Commissioner, </strong></em>
<em><strong>Panchayat Raj &#38; Rural Employment, Hyderabad and decided to issue a fresh Rules elating to functions of </strong></em>
<em><strong>Panchayat Secretary working in Panchayat Raj Department in super session of the Rules issued in the reference </strong></em>
<em><strong>1</strong></em>
<em><strong>st</strong></em>
<em><strong> read above. </strong></em>
<em><strong>6. Accordingly, the appended notification will be published in the extraordinary issue of the Andhra Pradesh </strong></em>
<em><strong>Gazette, dated:19-5-2007. </strong></em>
<em><strong>7. The Commissioner, Printing Stationery and Stores Purchase (Printing Wing), A.P., Hyderabad is requested to </strong></em>
<em><strong>publish the notification and furnish 100 copies of the same for use at Government. </strong></em>
<em><strong>M.V.P.C. SASTRY, </strong></em>
<em><strong> PRL. SECRETARY TO GOVERNMENT (PR) </strong></em>
<em><strong>To </strong></em>
<em><strong>The Commissioner, </strong></em>
<em><strong>Printing, Stationary &#38; Stores, Purchases (Printing Wing) </strong></em>
<em><strong>A.P. Hyderabad. </strong></em>
<em><strong>The Commissioner, </strong></em>
<em><strong>Panchayat Raj &#38; Rural Employment, Hyderabad. </strong></em>
<em><strong>The Spl, Chief Secretary &#38; Chief Commissioner of Land Administration, </strong></em>
<em><strong>Hyderabad. </strong></em>
<em><strong>All the District Collectors in the State </strong></em>
<em><strong>All the Chief Executive Officers in the State </strong></em>
<em><strong>All the Dist.Panchayat Officers in the State. GOVERNMENT OF ANDHRA PRADESH </strong></em>
<em><strong>ABSTRACT</strong></em>
<em><strong>A.P. Medical &#38; Health Services – Vital Statistics – Director of Health, AP, Hyderabad – Registration of Births and Deaths </strong></em>
<em><strong>– A.P. Registration of Births and Deaths Rules 1999 Provision for name entry – Relaxation of Rules – Orders – Issued. </strong></em>
<em><strong>HEALTH MEDICAL AND FAMILY WELFARE (D1) DEPARTMENT </strong></em>
<em><strong>G.O.Ms.No. 167. Dated: 13</strong></em>
<em><strong>th</strong></em>
<em><strong> August, 2009. </strong></em>
<em><strong> Read the following:- </strong></em>
<em><strong>1. G.O.Ms.No.655, HM&#38;FW (N.1) Dept. dt.29-12-1999. </strong></em>
<em><strong> 2. From the Director of Health &#38; Chief Registrar of Births and Deaths, AP, Hyderabad Lr.Rc.No.52/F2/VS/2000-08, </strong></em>
<em><strong>dated:16-1-2008. </strong></em>
<em><strong> 3. From the Deputy Registrar General, Government of India, Ministry of Home Affairs, Office of the Registrar </strong></em>
<em><strong>General, India, New Delhi, Letter No.1/2(Andhra) / 2006-VS(CRS), dt.18-2-2008. </strong></em>
<em><strong> 4. Govt. letter No. 1603/D1/2008-1, dt.17-3-2008. </strong></em>
<em><strong> 5. From the Deputy Registrar General, Government of India, Ministry of Home Affairs, Office of the Registrar </strong></em>
<em><strong>General, India, New Delhi, Letter No.1 / 2 (Andhra) / 2006-VS(CRS) , dt.21-7-2008. </strong></em>
<em><strong> 6. From the Director of Health &#38; Chief Registrar of Births and Deaths, AP, Hyderabad lr.Rc.No.52/F2/VS/2000-08, </strong></em>
<em><strong>dated:28-7-2008 and 10-7-2009. </strong></em>
<em><strong>&#60;&#60;&#62;&#62; </strong></em>
<em><strong>ORDER:</strong></em>
<em><strong>The Government in tune with Revamped system of Registration of Births and Deaths, have issued A.P. Registration Births and </strong></em>
<em><strong>deaths Rules 1999 vide Government Order 1</strong></em>
<em><strong>st</strong></em>
<em><strong> read above and these revised rules, are in force with effect from 1-1-2000. As pertheRule-</strong></em>
<em><strong>10, Sub-Rule(1) Clauses (i) and (ii), the persons whose births have occurred prior to 15 years of issue of these Rules are deprived of the </strong></em>
<em><strong>opportunity for incorporating their names in the birth entries at a later date even though they were registered. Aggrieved by such </strong></em>
<em><strong>deprivation, certain writ petitions were filed in the Hon`ble A.P. High Court and the Hon`ble High Court have ordered the Chief</strong></em>
<em><strong>Registrar of Births and Deaths, AP, Hyderabad, for incorporating the names of the children in the birth entries even after fifteen years. </strong></em>
<em><strong>2. In the Letter 2</strong></em>
<em><strong>nd</strong></em>
<em><strong> read above, the Chief Registrar of Births and Deaths and Director of Health, AP, Hyderabad has sent </strong></em>
<em><strong>proposals for amendment of the A.P., Registration of Births and Deaths Rules, 1999. Accordingly, the Registrar General of India, </strong></em>
<em><strong>Government of India, Ministry of Home Affairs has been requested for approval of the proposed Amendment. </strong></em>
<em><strong>3. In the letter 5</strong></em>
<em><strong>th</strong></em>
<em><strong> read above, the Registrar General of India, Government of India, Ministry of Home Affairs, has suggested for </strong></em>
<em><strong>relaxation of the relevant rules to enter the name in birth records within a specified period. </strong></em>
<em><strong>4. Accordingly, the Chief Registrar of Births and Deaths and Director of Health, AP, Hyderabad has sent proposals to </strong></em>
<em><strong>Government vide his letters 6</strong></em>
<em><strong>th</strong></em>
<em><strong> read above along with a study report of team of Demographers on the issue. </strong></em>
<em><strong>5. Keeping in view the above circumstances, the Government, after careful examination of the matter hereby accord permission </strong></em>
<em><strong>to the Chief Registrar of Births and Deaths and Director of Health, AP, Hyderabad, for entering the names of the children in the birth </strong></em>
<em><strong>records whose names could not be entered in the Birth Registers prior to the period of issue of the A.P., Registration of Births and </strong></em>
<em><strong>Deaths Rules, 1999. in relaxation of Rule -10, Sub-Rule (1) Clauses 9i) and (ii) of Andhra Pradesh Registration of Births and Deaths </strong></em>
<em><strong>Rules, 1999, for a period of (2) years as one time exemption. </strong></em>
<em><strong>6. The Chief Registrar of Births and Deaths and Director of Health, AP, Hyderabad is directed to give wide publicity about this </strong></em>
<em><strong>one time relaxation clearly indicating that no further extensions will be permitted. </strong></em>
<em><strong>7. The Chief Registrar of Births and Deaths and Director of Health, AP, shall take necessary further action in the matter </strong></em>
<em><strong>accordingly. </strong></em>
<em><strong>(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADEH) </strong></em>
<em><strong> L.V.SUBRAHMANYAM </strong></em>
<em><strong> PRINCIPAL SECRETARY TO GOVERNMENT </strong></em>
<em><strong>To </strong></em>
<em><strong>The Chief Registrar of Births and Deaths and </strong></em>
<em><strong>Director of Health, AP, Hyderabad. </strong></em>
<em><strong>Copy to:</strong></em>
<em><strong>All District Collectors in the State. </strong></em>
<em><strong>All District Medial &#38; Health Officers in the State. CLARIFICATIONS ON LEGAL PROVISIONS </strong></em>
<em><strong>OF </strong></em>

<em><strong>The Registration of Births and Deaths Act. 1969 </strong></em>
<em><strong>(Act No.18 of 1969) </strong></em>
<em><strong>31</strong></em>
<em><strong>st</strong></em>
<em><strong> May1969 </strong></em>
<em><strong>(as communicated by the Registrar General, India in the Hand Book on Civil Registration) CHAPTER 13</strong></em>
<em><strong>CLARIFICATIONS ON LEGAL PROVISIONS OF THE ACT </strong></em>
<em><strong>In the process of implementing the various provisions of the Act, certain references are made with regard to the </strong></em>
<em><strong>legal provisions relating to registration of births and deaths. These are referred to the office of the Registrar General, India </strong></em>
<em><strong>by the concerned state departments. The office of the Registrar General, India issues clarifications in consultation with the </strong></em>
<em><strong>Union Law Ministry wherever necessary. Over the years, clarification on various issues covering almost every section of </strong></em>
<em><strong>the Act have been issued. This chapter incorporates the important clarifications issued so far. </strong></em>
<em><strong>SECTION 4:</strong></em>
<em><strong>1. Query: Whether the Chief Registrar or his nominee can inspect the work of registration under section 4(4) of the Act as </strong></em>
<em><strong>section 18 of the Act provides that the registration offices shall be inspected and registers kept therein shall be examined in</strong></em>
<em><strong>such a manner and by such authority as may be specified by the District Registrar? </strong></em>
<em><strong>Clarification: The Registrar will have to work under the control and supervision of the District Registrar and the District </strong></em>
<em><strong>Registrar will have to work under the control and supervision of the Chief Registrar. Under section 4(4) the Chief Registrar </strong></em>
<em><strong>shall either by issue of suitable instructions or otherwise take steps to co-ordinate, unify or supervise the work of </strong></em>
<em><strong>registration in the state. The word “Supervision” will include inspection. The dictionary meaning of word “Supervision” is </strong></em>
<em><strong>to direct or watch with authority the work or proceedings or progress of any thing. Inspection means to look closely into, to </strong></em>
<em><strong>examine officially etc. Unless the person has the right to examine or look closely he cannot direct or watch with authority. </strong></em>
<em><strong>Therefore, the authority of the Chief Registrar or his nominee to inspect the work of registration is implied within his </strong></em>
<em><strong>authority to supervise under section 4(4). This further finds support in sub-section (2) of section 6 of the Act under which </strong></em>
<em><strong>the District Registrar has to act subject to the direction of the Chief Registrar and to carry into execution the orders or the</strong></em>
<em><strong>Chief Registrar. Section 18 provides for internal inspection of the registration offices within the jurisdiction of the District </strong></em>
<em><strong>Registrar, but that does not take away the right of the Chief Registrar under section 4(4) to supervise the registration work </strong></em>
<em><strong>throughout the state which by implication includes inspection of any registration office in any district in state. </strong></em>
<em><strong>SECTION 6:</strong></em>
<em><strong>2. Query: What is the precise scope of revenue district mentioned in section 6(1)? </strong></em>
<em><strong>Clarification: The term “revenue district” has not been defined in the Act as commonly understood, it is a district created </strong></em>
<em><strong>for the purposes of revenue administration of a state. Accordingly, in the context of section 6(1) of the RBD Act, the term </strong></em>
<em><strong>“revenue district” only means a district created for the purpose of the revenue administration and in any district according </strong></em>
<em><strong>to the provisions of that section there shall be only one District Registrar and for the purposes of assisting the District </strong></em>
<em><strong>Registrar the state Government is empowered to appoint such number of Additional District Registrars as it thinks fit. </strong></em>
<em><strong>SECTION 7:</strong></em>
<em><strong>3. Query: Whether the state Government will have to issue a separate appointment order for each Registrar or an omnibus </strong></em>
<em><strong>general order appointing the Registrar by designation? </strong></em>
<em><strong>Clarification : It is for the State Government to decide what type of order they must issue in exercise of their power under </strong></em>
<em><strong>section 7. There is no objection to issue of an omnibus order if the authority so desires. </strong></em>
<em><strong>4. Query: Who will appoint the Registrar for the cantonments-the state Government or the Central Government (the </strong></em>
<em><strong>Ministry of Defence) ? Will the rules made by the state Government be applicable to the Cantonment, or will the Central </strong></em>
<em><strong>Government Ministry of Defence (Director, Military Land Records) have to make uniform rules for all the cantonments? </strong></em>
<em><strong>Clarification: So far as the cantonments are concerned for the purpose of Entry 30 of the Concurrent list of the </strong></em>
<em><strong>Constitution, the “state Government” is not the central but the state Government itself. It is only in relation to certain </strong></em>
<em><strong>matters specified in Entry 3 of the Union List viz. Delimitation, Local Self Government etc. Which are the concern of the </strong></em>
<em><strong>central Government. All other functions appear to be that of state Government. It would be advantageous, however, to </strong></em>
<em><strong>request the state Government to appoint cantonment authorities as the Registrars of Births &#38; Deaths in these areas, so that </strong></em>
<em><strong>there would be no difficulty in properly working out the Act. 5. Query: “A” Objects to his name being entered in the birth register as father of a child born to his wife “B” on the </strong></em>
<em><strong>ground that they are no longer living together and the conception took place outside conjugal life. The name of ‘A’ as </strong></em>
<em><strong>father of the child has been given by ‘B’. What is the correct procedure to be followed in similar cases and especially in the </strong></em>
<em><strong>present case? </strong></em>
<em><strong>Clarification: Since the birth has occurred to a parent who is legally married and in absence of separation decree, ‘A’ </strong></em>
<em><strong>cannot refuse himself to be the father of the child on the contention that conception took place outside their conjugal life. </strong></em>
<em><strong>As information is being given by ‘B’ and the record is only an evidence of birth, objection of ‘A’ may not be entertained. </strong></em>
<em><strong>6. Query: Whether registration of births and deaths can be done at any place irrespective of the place of occurrence ? </strong></em>
<em><strong>Whether an event has taken place in Bombay can be registered in Goa? </strong></em>
<em><strong>Clarification: The event can be registered at the place of occurrence only. An event, which has taken place in Bombay, </strong></em>
<em><strong>will be registered with the concerned local Registrar in Bombay within whose jurisdiction the event has occurred. The </strong></em>
<em><strong>event cannot be registered in Goa. </strong></em>
<em><strong>7. Query: Whether births or deaths of foreign nationals in India can be registered in India at the place of occurrence? Or, </strong></em>
<em><strong>whether the births or deaths of foreign nationals in India are to be registered only in the respective foreign consulates as </strong></em>
<em><strong>required in the case of births and deaths of Indians citizens abroad under section 20(1) of the Act? </strong></em>
<em><strong>Clarification: Section 7(2) of the RBD Act, 1969 provides for the registration of every birth and death irrespective of </strong></em>
<em><strong>nationality. The birth of the child of the foreign national may be registered by the local Registrar and a birth certificate to</strong></em>
<em><strong>this effect may be issued under section 12 of the Act. Section 20(1) of the Act is not applicable in such cases. </strong></em>
<em><strong>8. Query: Under sub-section (5 ) of section 7, the Registrar may appoint Sub-Registrars and assign to them any or all of </strong></em>
<em><strong>his powers and duties. Would there be any inconsistencies with the Act if a rule is made or a directive issued from the </strong></em>
<em><strong>Registrar General, India, under section3 (30 to the effect that the powers of the Registrar conferred under sections 12 and </strong></em>
<em><strong>15 should not be assigned to the Sub Registrars. </strong></em>
<em><strong>Clarification: Any such rule or directive by the Registrar General, Indian under section3 (3) of the Act would not be </strong></em>
<em><strong>consistent with the provisions of section 7(5). Perhaps, the Chief Registrar may, while approving the appointment of Sub- </strong></em>
<em><strong>Registrars under section 7(5), instruct the Registrar not to delegate these functions to Sub-Registrars. </strong></em>
<em><strong>9. Query: Which section of the RBD Act. 1969 indicate that the registration of events should be done according to place of </strong></em>
<em><strong>occurrence. </strong></em>
<em><strong>Clarifications: Section 7(2) read with section 23(2) of the RBD Act. 1969 make it very explicit that the Registrar had to </strong></em>
<em><strong>register only those events of births and death which take place in his jurisdiction. </strong></em>
<em><strong>10. Query: whether the event of death occurred in a road accident at Hyderabad could be registered in the area of </strong></em>
<em><strong>residence of the deceased in Goa on the ground that the dead body was cremated there? </strong></em>
<em><strong>Clarifications: As per provision of section 7(2) of the RBD Act. 1969 the event of births / deaths can be registered only at </strong></em>
<em><strong>the place of occurrence. The event which has taken place in Hyderabad should be registered with the concerned Registrar </strong></em>
<em><strong>in whose jurisdiction the event has occurred. As such the event of death under reference could not be registered in Goa. In </strong></em>
<em><strong>such cases, it is expected that the event of death might have been reported to the Registrar of births and deaths of the area </strong></em>
<em><strong>where the death has occurred by the police officer incharge of Thana under Section 8(1)(e) of the RBD Act. 1969. </strong></em>
<em><strong>11. Query: (i) How the nationality of the incidence of the birth and death of a person can be ascertained by the Registrar? </strong></em>
<em><strong>Clarifications: (i) The registration authority may register the nationality of non – Indian parents as entered in their </strong></em>
<em><strong>passports. If doubt arises, this can be ascertained from the police authority where he or she is registered and issued with </strong></em>
<em><strong>residential permit. As regards, the foreigners who pretend to be Indian nationals and the doubt is raised by the Local </strong></em>
<em><strong>Registrar, the only alternative is to get the matter enquired by the police of the area concerned. </strong></em>
<em><strong>(ii) Is the nationality mentioned by the reporter will be taken as valid evidence in the Court of Law? </strong></em>
<em><strong>(iii) The registrar who is functionary under the Registration of Births and Deaths Act. 1969 and is appointed by the state </strong></em>
<em><strong>Government is obliged to make entries as per the form prescribed under the Rules, although strictly under section 7(2) of </strong></em>
<em><strong>the Act. The information required to be entered in the Register is confined to information relating to births and deaths only. </strong></em>
<em><strong>(iv) Is it obligatory on the part of the Registrar to record in the Birth/Death Register regarding Nationality? (v) The admissibility of evidence as to nationality of a person will be decided by a judge in the light of section 136 of the </strong></em>
<em><strong>Evidence Act. The evidentiary value of the record depends upon the truth that it may, in the circumstances, reflect. </strong></em>
<em><strong> Accordingly, the admissibility of evidence and evidentiary value of entries made would depend upon the facts of </strong></em>
<em><strong>each particular case. </strong></em>
<em><strong> 12. Query: Deaths aboard ships, while on sea are reported to the Director General of Shipping by the Captain of the ship </strong></em>
<em><strong>at the next port of call, under section 214 of the Merchant Shipping Act, 1948. In respect of deaths of Indian Citizens, the </strong></em>
<em><strong>Director General of Shipping shall under that Act send a certified copy of such reports to the appropriate registration </strong></em>
<em><strong>authority of that state where the deceased was a normal resident. The question arises as to what is the exact procedure of </strong></em>
<em><strong>registering and where to register such events? </strong></em>
<em><strong>Clarifications: All deaths occurring on sea shall be registered formally only in the local registration area of which the </strong></em>
<em><strong>deceased was a normal resident. The Chief Registrar may arrange to pass on the certified copies of deaths aboard ships </strong></em>
<em><strong>received from Director General, Shipping to the concerned local Registrar, who shall register the same, after obtaining all </strong></em>
<em><strong>relevant information from the next of kin of the deceased and making special remarks about the report received through </strong></em>
<em><strong>Director General of Shipping. After such registration, extract may be issued in Form 10 to the informant. </strong></em>
<em><strong>SECTION 8:</strong></em>
<em><strong>13 Query: The persons eligible for reporting births and deaths for registration of events have been specified in section 8 of </strong></em>
<em><strong>the Act. But it is not possible to know from the name of the informant mentioned in Forms 2,3 or 4 whether he is eligible to </strong></em>
<em><strong>report the event or not . Since the registration of the event is legalized, will it not be proper to add one column in Forms </strong></em>
<em><strong>2,3,4,11,12 and 13 for indicating the relationship? </strong></em>
<em><strong>Clarification: In respect of domiciliary event, a person specified in section 8 can also arrange to give the information </strong></em>
<em><strong>through some other person, who need not be related to the new born or deceased as the case may be. </strong></em>
<em><strong>14 Query: The report of death aboard ship from the Director General, Shipping is usually received very late after the </strong></em>
<em><strong>actual death has taken place. Whether such events have to be registered under section 13 of the Act? </strong></em>
<em><strong>Clarification: The registration of death on the basis of a report from Director General, Shipping do not fall in the same </strong></em>
<em><strong>category as the events that occur on land for which the Act casts duty on specified persons. Therefore section13 is not </strong></em>
<em><strong>attracted in case of registration of events reported by Director General, Shipping. </strong></em>
<em><strong>15. Query: A Police Officer has forwarded a death report along with the inquest report for the registration of the death of a </strong></em>
<em><strong>person. But, in the death report the date of death is noted as between ‘9-6-1975 and 14-6-1975’. Since exact date of death is </strong></em>
<em><strong>not known as the deceased was missing from 9.6.1975 onwards and the dead body was found only on 14-6-1975. The </strong></em>
<em><strong>inquest report was signed by the police officer on 14-6-1975. In the circumstances, whether it will be sufficient to note the </strong></em>
<em><strong>date of death in the register as between 9.6.1975 and 14-6-1975 since no body can correctly say the actual date of death?</strong></em>
<em><strong>Clarification: It is likely that the case of death was subjected to a detailed investigation and in such cases, normally </strong></em>
<em><strong>postmortem medical examination of the body is done. The post-mortem report may in that case indicate a more precise </strong></em>
<em><strong>probable date of death and actual date of death? </strong></em>
<em><strong>16 Query: As per section 8(1)(b) of the RBD Act, 1969, registration of births and deaths occurring in a hospital has to be </strong></em>
<em><strong>effected on the basis of information given by doctors. From 5,6,7 have been supplied to the hospitals as prescribed in </strong></em>
<em><strong>section 10 but information are still being received in old forms. It may be clarified if registration can be effected on the </strong></em>
<em><strong>basis of information received in old forms. </strong></em>
<em><strong>Clarification: Under section 8(1)(b) of the RBD Act, 1969, it is the primary duty of the Medical Officer-in-charge of </strong></em>
<em><strong>hospital, health center, maternity or nursing home or other like institutions to give or cause to be given either orally or in </strong></em>
<em><strong>writing according to their best knowledge or belief and within such time as may be prescribed, information to the Registrar, </strong></em>
<em><strong>of the several particulars required to be entered in the forms prescribed by the state Government, under sub-section (1) of </strong></em>
<em><strong>section 16. The Officer-in-Charge of such institutions are statutorily enjoined to register events occurring in such </strong></em>
<em><strong>institutions with the Registrar of the local area where such institutions are located. Public has no responsibility in this </strong></em>
<em><strong>regard. Rule 5 under the above said section has prescribed period and forms. The Officer-in –Charge of such institutions </strong></em>
<em><strong>has to supply information in Form 2 for live-births, in Form 3 for stillbirths and in Form 4 for deaths, in the same manner </strong></em>
<em><strong>as the public. Forms 5,6 and 7 which have been prescribed under section 10 are meant for notifying the events by the </strong></em>
<em><strong>notifiers specified in section 10. They contain very few particulars. Registration cannot be effected on the basis of </strong></em>
<em><strong>information contained in the notification form as it does not give all the particulars necessary for registration. 17 Query: A ship with all persons abroad was drowned in the mid-sea so that no one could be expected to report the matter </strong></em>
<em><strong>at the next place of halt. In the situation it seems necessary that the registration of deaths should be done on the basis of the </strong></em>
<em><strong>letter from the Shipping Master, Ministry of Shipping and Transport, Government Shipping Office, Bellard Estate, </strong></em>
<em><strong>Bombay-1, addressed to the wife of deceased and which has been produced as an evidence by the applicant. However, it </strong></em>
<em><strong>seems from the said letter that the deceased was a resident of Junagadh district. In view of this it is not clear as to how the</strong></em>
<em><strong>applicant seeks the death to be registered in Diu? </strong></em>
<em><strong>Clarification: The provision of the Act and the rule made there-under do not squarely provide for a situation where even </strong></em>
<em><strong>the In-Charge of the ship along with the seamen and other people on board have been drowned leaving behind nobody to </strong></em>
<em><strong>report about the incident. Rule 6 speaks of the person in-charge of the ship to give information under sub-section (1) of </strong></em>
<em><strong>section 8 at the first place of halt. There was no in-charge of the ship left behind in the instant case. On the basis of the </strong></em>
<em><strong>information conveyed by the Shipping Master, Ministry of shipping &#38; Transport, Government Shipping office, Bellard </strong></em>
<em><strong>Estate, Bombay-1, received by the wife of the deceased, the information of such death could only be given by the wife of </strong></em>
<em><strong>the deceased or his heirs, which should be regarded proper. Although such information according to sub-section (1) of </strong></em>
<em><strong>section 8 should be given to the local Registrar of the area of the state, however, if the delegation of such a power is being</strong></em>
<em><strong>made by the Central Government in favour of another authority, registration could possibly be done by him also. But such </strong></em>
<em><strong>registration should normally be done at the place of which the deceased was resident. </strong></em>
<em><strong>In view of this, in such situation where the ship itself seems to have drowned in mid-sea the next of the kin of the </strong></em>
<em><strong>deceased could alone be expected to report the event of death and the same should be regarded as proper. Registration of </strong></em>
<em><strong>such case may be done at the place of which the deceased was normal resident. </strong></em>
<em><strong> In the present case, the Additional district Registrar of Diu, who has received request for registration may be </strong></em>
<em><strong>advised to ask the party to approach the concerned Local Registrar in Gujarat state. </strong></em>
<em><strong>18. Query: It may be clarified whether births occurring in hospitals in towns have to be registered by the Registrar of the </strong></em>
<em><strong>area in which the hospitals are situated or is it possible to register such births at the place of normal residence of the </strong></em>
<em><strong>concerned families. </strong></em>
<em><strong>Clarification: The events occurring in hospital will be registered with the Registrar of the area in which such hospitals </strong></em>
<em><strong>falls. They will not be registered at the place of normal residence, since registration is done at the place of occurrence. </strong></em>
<em><strong>19. Query: Whether the reports of deaths furnished by the Director General of Shipping, Bombay are to be passed on to </strong></em>
<em><strong>the local Registrar or only copies of such reports are to be sent to Registrars for registering the events while retaining the </strong></em>
<em><strong>original reports for preserving them as permanent record in Chief Registrar’s office? </strong></em>
<em><strong>Clarification: Certified copies (in original) of death report received from Director General, Shipping may be sent to the </strong></em>
<em><strong>concerned local Registrars. This will help the Registrar to retain the report as integral part of the register. The Chief </strong></em>
<em><strong>Registrar’s office need only keep a record of the receipt of such report and forwarding of the same to the concerned </strong></em>
<em><strong>Registrars. </strong></em>
<em><strong>20 Query: In case of delayed reporting of institutional events, what procedure should be followed for registration of such </strong></em>
<em><strong>events? </strong></em>
<em><strong>Clarification: It may be seen from the RBD Act 1969 that in respect of births and deaths in a hospital, health center, </strong></em>
<em><strong>maternity or nursing home or other like institutions, responsibility of informing the events to the Registrar lies on the </strong></em>
<em><strong>Medical Officer or any person authorized by him in this behalf under section 8(1) (b). Therefore, for any delay in the </strong></em>
<em><strong>reporting of institutional events the concerned officer in charge of the hospital may be held responsible and all the </strong></em>
<em><strong>formalities required under section 13 of the Act observed. Further, in such cases the officer concerned can be penalized in </strong></em>
<em><strong>accordance with the provisions of section 23 and 24 of the Act. </strong></em>
<em><strong>21. Query: One particular person committed suicide by hanging during the period between 26-6-76 and 2-7-76. The In </strong></em>
<em><strong>questing Officer has reported that the deceased person was identified only on 18-7-76. When he reported the death for </strong></em>
<em><strong>registration, the Registrar demanded the late fee prescribed. Whether it is justifiable to realize late fee in such cases? </strong></em>
<em><strong>Clarification: If the exact date is not known, it may not be proper to rule that there has been a delay in reporting. As the </strong></em>
<em><strong>report has been made by an officer of the police department of the Government, the Registrar concerned may be advised </strong></em>
<em><strong>that strict interpretation of the law on the subject should not be made and the event should be registered with a suitable </strong></em>
<em><strong>remark in the remarks column. 22. Query: Is it necessary to collect late fee for events reported late by (i) institutions (ii) police authorities? In that case, </strong></em>
<em><strong>from whom the fee should be collected? </strong></em>
<em><strong>Clarification: If any officer in charge of an institution or police station or barrack does not report an event as required </strong></em>
<em><strong>under section 8 of the Act within the prescribed time, he becomes liable to pay late fee and even penalty as provided under </strong></em>
<em><strong>sub-section (1) of section 23 of the Act. </strong></em>
<em><strong>23.Query: Certain institutions send the birth or death reports on the last day of the reporting period and naturally the </strong></em>
<em><strong>Registrar finds it difficult to register all the events on the same day. If the next day or the next few days are holidays, </strong></em>
<em><strong>registration is further delayed. Whether payment of late fee is involved in such cases? </strong></em>
<em><strong>Clarification: The question of late fee does not arise in this case as the events have been reported within the prescribed </strong></em>
<em><strong>period. The registration can be done on the next working day after the holidays. </strong></em>
<em><strong>24. Query: In the absence of any specific provisions for registration of illegitimate births in the statute itself whether local </strong></em>
<em><strong>Registrar shall presume identical procedure as in the case of legitimate birth? Whether the foot note 1 in form No. 11 (birth </strong></em>
<em><strong>register) of West Bengal Registration of Births and Deaths Rules, 1972 is as good as law? </strong></em>
<em><strong>Section 7(2) of the Act requires a Registrar to take steps to inform himself carefully of every birth or death which takes </strong></em>
<em><strong>place in his jurisdiction. There may be reasons for special precautions in case of registration of illegitimate births and </strong></em>
<em><strong>suspected deaths. Please provide guidelines. </strong></em>
<em><strong>Clarification: The procedures for registration of legitimate and illegitimate births are the same. In case of entry of an </strong></em>
<em><strong>illegitimate birth the world ‘illegitimate’ has also to be entered in remark column of the register. However, no person’s </strong></em>
<em><strong>name may be entered as that of father unless there is a joint request of the couple. The footnotes in Form No.11 of state </strong></em>
<em><strong>rules to this effect are guidelines to the Registrar for registration in such cases. Since Form 11 is part of the rules framed</strong></em>
<em><strong>under the Act the footnotes are as good as law. </strong></em>
<em><strong> In order to inform himself of the events of births/deaths occurring in areas of his jurisdiction the Registrar may </strong></em>
<em><strong>require any person to furnish information within his knowledge in connection with a birth or death in the locality within </strong></em>
<em><strong>which such person resides and that person shall be bound to comply with such requirement as provided under section 21 of </strong></em>
<em><strong>the Act. As regards problem of ensuring protection for the Registrars for registering illegitimate births and suspected </strong></em>
<em><strong>deaths, it may be mentioned that under section 26 of the Act, a Registrar is a public servant within the meaning of section </strong></em>
<em><strong>21 of the I.P.C. of 1860 and no legal proceedings shall be instituted against him while exercising or performing any of his </strong></em>
<em><strong>duties under this Act, as provided under section 28(1) of the RBD Act, 1969. </strong></em>
<em><strong>25.Query: According to rule 6(2) of the Kerala Registration of Births and Deaths Rules, 1970 in the case of deaths (not </strong></em>
<em><strong>falling under clauses (a) to 9e) of Sub-section (1) of section (8). In which an inquest is held, the officer who conducts the </strong></em>
<em><strong>inquest shall give the information to the concerned Registrar. A doubt is now raised in respect of a suicide committed in a </strong></em>
<em><strong>house. Though the officer who has conducted the inquest has been asked to report the event, he has replied that in view of </strong></em>
<em><strong>the rule 6(2) and because the event has happened in a house it is to be reported by the person mentioned in section 8(1)(a) </strong></em>
<em><strong>and not by him. Please provide necessary clarification. </strong></em>
<em><strong>Clarification: In this case, it is the duty of the head of the household to report the death. Rule 6(2) of the Kerala </strong></em>
<em><strong>Registration of Births and Deaths Rules 1970 is not applicable here. However, the officer who has conducted the inquest </strong></em>
<em><strong>can be asked to notify the death, under section 10(1) (iii) of the Act, to the Registrar, in such manner as prescribed in rule 7 </strong></em>
<em><strong>of the state rules. </strong></em>
<em><strong>26.Query: Whether the head of the household may be allowed to intimate to the local Registrar by post of the occurrence </strong></em>
<em><strong>of vital events in the prescribed form. </strong></em>
<em><strong>Clarifications: There is no objection to the head of the household submitting particulars of occurrence of vital events to </strong></em>
<em><strong>the Registrar by post so long as the particulars are as per the prescribed reporting forms 2,3 and 4 depending upon whether </strong></em>
<em><strong>it is a live birth, still birth or death respectively. In this regard, it has been suggested that in such cases, a note may be made </strong></em>
<em><strong>in the remarks column of the registers to the effect that the registration is made on the basis of postal reportings and </strong></em>
<em><strong>reporting forms 2,3&#38;4 as the case may be preserved as an integral part of the register. </strong></em>
<em><strong>27. Query: Whether fishermen reported to have been missed in the sea can be considered as dead and if so, how </strong></em>
<em><strong>registration in such cases can be made? </strong></em>
<em><strong>Clarifications: The question whether fishermen have drowned in the sea or not is a question of fact. If there is sufficient </strong></em>
<em><strong>evidence to prove that the person missing in the sea had actually drowned, a conclusion on the basis of that evidence may </strong></em>
<em><strong>be drawn that they are dead. As regards the presumption of death, such presumption would arise after the expiration of 7 </strong></em>
<em><strong>years from the date of missing. 28. Query: Who is responsible for reporting of the event of birth/ death in following circumstances: </strong></em>
<em><strong>I. If a case of twin delivery is admitted in the Hospital where in the first baby was born outside the Hospital and the </strong></em>
<em><strong>second baby, after lapse of some times, is delivered at the Hospital. </strong></em>
<em><strong>II. If the first baby born outside the Hospital is not brought to the Hospital along with the mother and subsequently </strong></em>
<em><strong>expires. </strong></em>
<em><strong>III. If the delivery took place outside the Hospital and subsequently the mother admitted in the Hospital along with the </strong></em>
<em><strong>new born baby for any puerperal complication. </strong></em>
<em><strong>IV. If the patient is brought dead to the Hospital. </strong></em>
<em><strong>Clarifications: In all the four circumstances of births/deaths took place outside the Hospital. Hence it is not the </strong></em>
<em><strong>responsibility of the Hospital authorities to report the occurrence of the event to the registration authorities. However, in </strong></em>
<em><strong>the case cited at (i) while making the report of the second baby it is to be mentioned in the remarks column that it is a twin </strong></em>
<em><strong>and the fact to the effect that the first baby was born outside the Hospital is also to be mentioned. </strong></em>
<em><strong>29. Query: What procedure is to be followed for registering event of birth in respect of an abandoned child and whether </strong></em>
<em><strong>the name of parents of such child could be entered in the relevant column? </strong></em>
<em><strong>Clarifications: Registration of birth of an abandoned child should be made in accordance with the procedure laid down in </strong></em>
<em><strong>section 8(1)(e) of the Act. Entries in the register of births relating to parents of such child should be either “un-known or </strong></em>
<em><strong>whatever the actual position. The names of adoptive parents should not be entered in place of natural parents (i.e. father </strong></em>
<em><strong>and mother) </strong></em>
<em><strong>SECTION 12:</strong></em>
<em><strong>30. Query: Whether death certificate could be issued in respect of a person who has been missing and has not been heard </strong></em>
<em><strong>of for seven years. </strong></em>
<em><strong>Clarifications: The death under section 2(b) of the Registration of Births &#38; Deaths Act, 1969, means the permanent </strong></em>
<em><strong>disappearance of all evidence of life after live birth has taken place. It will be question, a fact in each case, for the purposes </strong></em>
<em><strong>of this Act, whether “death” has taken place as defined in the Act. In view of the entries to be filled in the death register, it </strong></em>
<em><strong>is difficult to advise that these columns in death register can be filled on the basis of “burden of proof” only. </strong></em>
<em><strong>31. Query: What procedure for registration is to be followed in case of medico-legal cases of death occurred in hospital. </strong></em>
<em><strong>Clarifications: In case of medico-legal cases, the hospital authorities/ physicians should inform the Registrar concerned, </strong></em>
<em><strong>details thereof for follow up action in obtaining required certificate from the police authorities. The object is that on receipt </strong></em>
<em><strong>of the information the local Registrar could register the event of death without completing the column of cause of death, </strong></em>
<em><strong>making a remark in the remarks column that the “inquest report is awaited”. The cause of death could be filled in later on </strong></em>
<em><strong>receiving the inquest report. </strong></em>
<em><strong>32. Query: As per section 12 a Registrar shall, as soon as the registration of a birth or death has been completed, give free </strong></em>
<em><strong>of charge, to the person who gives information under section 8 or 9 an extract of the prescribed particulars under his hand </strong></em>
<em><strong>from the register relating to births or deaths. In the case of birth and death which occurred in medical institutions, the </strong></em>
<em><strong>Medical Officers in-charge, are the informants. Now certain Registrars have raised a doubt whether it is necessary to issue </strong></em>
<em><strong>extracts to such Medical Officers. </strong></em>
<em><strong>Clarification: The section 12 of the RBD Act, 1969 reads as “The Registrar shall, as soon as the registration of births and </strong></em>
<em><strong>deaths has been completed, give free of charge, to the person who gives information under section 8 or section 9 an extract </strong></em>
<em><strong>of the prescribed particulars under his hand from the register relating to such birth or death”. As the Medical Officer Incharge is the informant under 8(1) (b) in case of institutional events, extracts should be issued to him who will transmit </strong></em>
<em><strong>them to the parents or relatives of the new born or the decreased as the case may be. </strong></em>
<em><strong>33.Query: Whether printing of family planning and health Education slogans on the backside of the birth certificate is </strong></em>
<em><strong>permissible under the Act? </strong></em>
<em><strong>Clarification: It is not desirable to use the birth certificate as publicity measure because of it being a legal document. </strong></em>
<em><strong>34. Query: Section 12 empowers the Registrar to issue an extract of the prescribed particulars under his hand from the </strong></em>
<em><strong>registers relating to such birth or death. The Life Insurance Corporation etc. are insisting upon original copies of death </strong></em>
<em><strong>certificates and they are not accepting the true copies of the certificates. Now a days the general public is demanding more </strong></em>
<em><strong>than one copy of certificates. What is to be done in such cases? Clarification: Section 12 of the Act provides for issue of extract only. However any number of copies of the extract can </strong></em>
<em><strong>be given on payment of prescribed fee under section 17 of the Act if required. The extract issued under section 17 of the </strong></em>
<em><strong>Act has evidentiary value and serves the same purpose as extract under section 12 of the Act. </strong></em>
<em><strong>35.Query: Whether a column regarding cause of death can be inserted in the death certificate issued by the Registrar in </strong></em>
<em><strong>Form No. 10? </strong></em>
<em><strong>Clarification: As per RBD Act, 1969 the cause of death cannot be disclosed by the Registrar to any person seeking extract </strong></em>
<em><strong>under section 17 of the Act and hence form No. 10, does not include it. </strong></em>
<em><strong>36. Query Section 12 provides that Registrar shall give free of charge, to the person who gives information under section 8 </strong></em>
<em><strong>or section 9 an extract of the prescribed particulars from the register relating to such birth or death. Whether extract can be </strong></em>
<em><strong>given free of charge to the person in case of delayed registration under section 13? </strong></em>
<em><strong>Clarification: Section 12 of RBD Act. 1969 contemplates giving of extracts free of charge to the person giving </strong></em>
<em><strong>information under section 8 or section 9 thereof. The provisions of this section are, therefore, not applicable in relation to</strong></em>
<em><strong>the section 13. The extracts free of charge therefore, cannot be given to the persons giving information to the Registrar </strong></em>
<em><strong>under Section 13 of the Act. </strong></em>
<em><strong>37. Query: Section 12 of the RBD Act, 1969 provides that as soon as the registration of birth or death is completed, the </strong></em>
<em><strong>Registrar should give an </strong></em>
<em><strong>extract of the prescribed particulars under his hand from the register relating to such birth or death. Also section 17(2) </strong></em>
<em><strong>provides that an extract can be obtained from the birth or death register subsequently on payment of fees and that such </strong></em>
<em><strong>certificate shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. Whether </strong></em>
<em><strong>such an extract can be produced in proof of the fact of birth or death and in proof of the civil status of the individual citizen </strong></em>
<em><strong>arising from paternal, filial and marital relationship? </strong></em>
<em><strong>Clarification: Entries in birth and death registers are public documents and are admissible as evidence under section 35 of </strong></em>
<em><strong>the Indian Evidence Act, 1872. However, these entries are only conclusive evidence of the fact of birth or death, as the </strong></em>
<em><strong>case may be. Other particulars as to which the registering officer concerned can have no personal knowledge or No means </strong></em>
<em><strong>of checking cannot be treated as conclusive evidence. Where, for example, for a record in the birth register, the name of </strong></em>
<em><strong>the father appears to have been furnished by the mother, that by itself cannot be conclusive evidence of paternity, being a </strong></em>
<em><strong>unilateral statement by an interested party. </strong></em>
<em><strong>38. Query: Whether an extract given under section 12 will have the same evidentiary value as an extract given under </strong></em>
<em><strong>section 17 under the Indian Evidence Act, 1872? </strong></em>
<em><strong>Clarification: A certified extract under section 17 of the RBD Act, 1969 is intended for use for the purposes of legal </strong></em>
<em><strong>dispute or judicial proceeding. In any such case, a document certified in the manner provided in section 76 is admissible in </strong></em>
<em><strong>evidence under section 77 of the Indian Evidence Act, 1872, as “proof of the contents of the public documents or parts of </strong></em>
<em><strong>the public documents of which they purport to be copies’. Under section 76 of the Evidence Act any such copy of public </strong></em>
<em><strong>document will bear a certificate written at the foot of such document or part there-of, as the case may be, and every such </strong></em>
<em><strong>certificate shall be dated and subscribed by such officer with his name and his official title shall be sealed whenever such </strong></em>
<em><strong>officer is authorized by law to make use of a seal. </strong></em>
<em><strong> As against the above, an extract of the prescribed par6ticulars from the register of births and deaths given under </strong></em>
<em><strong>section 12 of the RBD Act, 1969 is intended mainly for purposes of record and may be useful for extra-judicial purposes </strong></em>
<em><strong>like admission in an educational institution. It may be mentioned in this connection that fees are chargeable in respect of </strong></em>
<em><strong>certified copies under section 17. However, if the administrative Ministry desires to allow an extract under section 12 to </strong></em>
<em><strong>serve the same purpose as a copy given under section 17, the same can be achieved by providing in the rules that at the foot </strong></em>
<em><strong>of copy of extract given under section 12, a certificate shall be given to the effect that it is a true copy of such document </strong></em>
<em><strong>and every such certificate shall be dated and subscribed by such officer with his name, title and seal of office. If this is </strong></em>
<em><strong>done, the extract under section 12 will also qualify as a certified copy within the meaning of section 77 of the Evidence </strong></em>
<em><strong>Act, but no fee can be levied for grant of copies under section 12. </strong></em>
<em><strong>39. Query: Whether the age of the deceased is to be shown in death certificate. </strong></em>
<em><strong>Clarification: It is not desirable to record the age of the deceased in the death certificate (Form no.10). The column for age </strong></em>
<em><strong>in the death register has been provided mainly for statistical purpose. If any person wants to establish the age of the </strong></em>
<em><strong>deceased for any purpose he has to produce the deceased’s birth certificate or any other secondary evidentiary proof </strong></em>
<em><strong>relating to the age of the deceased. 40. Query: Whether birth/death certificate could be issued in the language other than the language in which entries are </strong></em>
<em><strong>made in birth/death register. </strong></em>
<em><strong>Clarification: Extracts from birth/death register are to be issued only in the language in which entries have been made in </strong></em>
<em><strong>the register. </strong></em>
<em><strong>41. Query: Whether a Still Birth Certificate could be issued under the provisions of Act and the State Rules? </strong></em>
<em><strong>Clarification: According to Section 2(1)(a) of the Act, Word/term “birth” mens live birth or Still birth. As such, extract </strong></em>
<em><strong>from Still Birth Register (Form No.12) could be issued in Form 9 with an appropriate changes in the wording in that form </strong></em>
<em><strong>such as information has been taken from the original records of Still Birth ……. date of still birth and place of still birth </strong></em>
<em><strong>insisted of word “birth” given in that form. </strong></em>
<em><strong>42. Query: Whether extracts of birth/death under Section 12 could be given free of charge also in respect of the events </strong></em>
<em><strong>registered under Section 13 of the Act. </strong></em>
<em><strong>Clarification: Section 12 of the Act contemplates giving of extracts free of charge to the person giving information under </strong></em>
<em><strong>Section 8 or Section 9 thereof. The provision of this Section is, therefore, not applicable in relation to the event registered</strong></em>
<em><strong>under Section 13. </strong></em>
<em><strong>43. Query: Whether birth or death extracts could be issued in the language, other than the language in which the relevant </strong></em>
<em><strong>register is maintained. </strong></em>
<em><strong>Clarification: Extracts from the register of birth and death should be issued in the language in which the entries are made </strong></em>
<em><strong>in the register. However, there is no objection, if the Registrar also issues separately a copy of such extracts in other </strong></em>
<em><strong>language. But such copy should be marked at top ‘Translated Version” </strong></em>
<em><strong>SECTION 13:</strong></em>
<em><strong>44. Query: As per section 13(1) of the RBD Act, 1969, registration of events after the expiry of specified period is </strong></em>
<em><strong>possible on payment of prescribed late fee. It has been reported from certain parts of the country that due to public </strong></em>
<em><strong>disturbances and imposition of curfew etc. Or in similar other situation births and deaths could not be registered within the </strong></em>
<em><strong>specified time limit. In some cases the events could not be registered for more than two months. Whether payment of </strong></em>
<em><strong>late fee under section 13(1) of the Act and corresponding state rules can be waived by the state Govt. in such situation? </strong></em>
<em><strong>Whether the power of waiving can be exercised by the authority of the state Govt. itself? </strong></em>
<em><strong>Clarification: It may be seen that the substantive provision in section 13 speaks of “payment of such late fees as may be </strong></em>
<em><strong>prescribed”. There is no provision either in this section or anywhere in the Act, which provides for any exemption from </strong></em>
<em><strong>payment of late fee. The section 30 authorises the state Govts. to make rules with approval of the Central Govt. and clause </strong></em>
<em><strong>(1) of sub section (2) of this section provides for making rules for the fees payable for registration made under section 13. </strong></em>
<em><strong>Thus it is seen that legislative intent as incorporated in section 13(1) of the Act is that late fees shall be payable in case of </strong></em>
<em><strong>delayed information but the quantum of fee only can be prescribed by rules made by the state Govts. in exercise of powers </strong></em>
<em><strong>under section 30 of the Act. The Act does not provide for waiving of late fee under any circumstances, in case the </strong></em>
<em><strong>information is delayed beyond the period specified for the purpose. Next point is whether a provision for exemption can be </strong></em>
<em><strong>made in the rules. The law is settled on the point that subordinate legislation shall remain within the scope of the Act vide </strong></em>
<em><strong>Chaman Lal Vs. State of U.P (AIR 1955 S.C. 435). The subordinate legislation cannot be beyond the statute vide State of </strong></em>
<em><strong>Assam Vs. Kidwai reported in (1957) S.C.R. 295 (317). In the instance case neither Act provides for any exemption nor it </strong></em>
<em><strong>authorises making of rules which may provide for exemption. Where statute provides for payment of fee in particular </strong></em>
<em><strong>matter the provision for exemption from payment of such fee becomes an essential legislative function. It cannot be </strong></em>
<em><strong>delegated unless the statute lays down the policy and specifies the class or classes of cases in which, and circumstances </strong></em>
<em><strong>under which exemption may be granted. Since there is no such provision in the statute in the instant case, provision for </strong></em>
<em><strong>exemption cannot be made in the rules. The authority to make rules to carry out the purposes of the Act as mentioned in </strong></em>
<em><strong>section 30(1) does not extend to the making of rules for the purposes not envisaged under the Act, nor authorized by the </strong></em>
<em><strong>Act. In the present circumstances as the law stands at present there is no scope for exercising any power of exemption </strong></em>
<em><strong>either by any state Govt. or by the Central Govt. 45. Query: Some state Governments are proposing to organize “Registration weeks”. They are of the view that by </strong></em>
<em><strong>organizing such a campaign there will be some impact and more and more people will come to know about the registration. </strong></em>
<em><strong>The state Governments intend to exempt/wave payment of late fee during the registration week as a gesture in the spirit of </strong></em>
<em><strong>the campaign. However, the Act does not provide for waiving of late fee under any circumstances, if the report is delayed </strong></em>
<em><strong>beyond the specified period. In the circumstances, it may be suggested as to how the state Govts., can organize a </strong></em>
<em><strong>“Registration week”. </strong></em>
<em><strong>Clarification: There is absolutely no doubt that there is no power to exempt the payment of late fee for delayed </strong></em>
<em><strong>registration, RBD Act, 1969 refers to the payment of such late fee as may be prescribed by the state Govt. under the rules. </strong></em>
<em><strong>“Such fee’ does not mean no fee at all. However, it would be permissible to fix a nominal amount of fee say 5 paise or 10 </strong></em>
<em><strong>paise, for delayed registration of these events during the observation of ‘Registration week’ by providing for the same in </strong></em>
<em><strong>the rules made under provisions of that section by the state Govt. </strong></em>
<em><strong> However, certain difficulties are likely to arise under sub-section (3) of the section 13. Any birth or death, which </strong></em>
<em><strong>has not been registered within one year of its occurrence, can be registered only on an order made by Magistrate of First </strong></em>
<em><strong>Class or a Presidency Magistrate. In view of this provision every case of such delayed registration will have to be </strong></em>
<em><strong>determined by a Magistrate and proceedings before such Magistrate will take its own time. Thus aspect therefore, requires </strong></em>
<em><strong>careful consideration. </strong></em>
<em><strong> Besides the aforesaid, every case of delayed registration may also attract the penal provisions of section 23(1) and </strong></em>
<em><strong>(4) of the Act. Section 24, however, empowers any officer authorized by the Chief Registrar to compound such offences, </strong></em>
<em><strong>by accepting a composition fee not exceeding Rs.50/-. In view thereof, in every case of delayed registration during the </strong></em>
<em><strong>‘week’ some compounding fee will have to be taken from the concerned persons, which may be a nominal fee. </strong></em>
<em><strong> Care will also have to be taken during the said ‘week’ to see that the benefit of delayed registration is not misused </strong></em>
<em><strong>by way of recording incorrect dates of births with a view to getting favorable benefits in Govt. service. </strong></em>
<em><strong>46. Query: A person furnished the information to the Registrar in writing on 29th day from the date of occurrence by </strong></em>
<em><strong>payment of late fees under section 13(1). The Registrar registers the event after 6 days from the date of receipt. It may be </strong></em>
<em><strong>clarified whether the Registrar is supposed to pay any penalty for the registration of the event mentioned and obtain the </strong></em>
<em><strong>written permission for the District Registrar. </strong></em>
<em><strong>Clarification: Section 13(2) is attracted only if information is given to the Registrar after thirty days. </strong></em>
<em><strong>47. Query: An instance has come to the notice of the Chief Registrar, Kerala wherein a person informed an event to the </strong></em>
<em><strong>Registrar 10 months after the occurrence of the event. As per section 13(2) of the RBD Act, 1969 and corresponding state </strong></em>
<em><strong>rules 10(2), sanction of District Registrar is required for registering the event. The informant was instructed to produce the</strong></em>
<em><strong>written permission of the District Registrar. By the time the informant produced the written sanction under rule 10(2), one </strong></em>
<em><strong>year had elapsed and consequently sanction from the First Class magistrate became necessary for registration of the event </strong></em>
<em><strong>as provided under section 13(3) of the Act and corresponding state rules 10(3). This has caused inconvenience to the party. </strong></em>
<em><strong>In order to avoid such inconvenience the following procedure is suggested for consideration. </strong></em>
<em><strong> The Registrar may enter the details of the event in the register without signature of the informant and without his </strong></em>
<em><strong>own signature on receipt of a provisional written permission for the District Registrar pending observance of the needful </strong></em>
<em><strong>procedural formalities. Such a provisional permission will be sufficient to facilitate making of various entries in the register </strong></em>
<em><strong>except signatures. Rule 10(3) will not be applicable once the process of registration has been initiated in the abovementioned manner. The registration will however be completed with signatures on the register as and when the final </strong></em>
<em><strong>sanction for the District Registrar is received. In case a sanction is denied, entry will be deleted. </strong></em>
<em><strong> It may be clarified if the above procedure can be adopted. It may also be advised whether an amendment of rule </strong></em>
<em><strong>10(2) of Kerala Registration of Births and Deaths, Rules, 1970 will be required or whether the procedure can be adopted by </strong></em>
<em><strong>executive order of the state Govt. </strong></em>
<em><strong>Clarification: It may be found that sub-rules (1), (2) and (3) of rule 10 of the Kerala Registration of Births and Deaths </strong></em>
<em><strong>Rules, 1970 are mutatis mutandis same as sub-sections (1), (2) and (3) of section 13 of the RBD Act, 1969 except </strong></em>
<em><strong>providing the quantum of late fee. Rule 10(3) as well as section 13(3) provides that any birth or death which has not been </strong></em>
<em><strong>registered within one year of its occurrence shall be registered only on an order by a Magistrate of specified class and </strong></em>
<em><strong>payment of specified fee. It is, significant that while sub-section(1), (2) of section 13 speak of information as to birth or </strong></em>
<em><strong>death being given, sub-section (3) speaks of registration within the specified period. The word “registration” has not been </strong></em>
<em><strong>defined in the Act. Section 11 provides for the manner in which it is to be done. Once the said action is complete, it can be said that birth or death has been registered. Mere filling the relevant columns without signatures of the informant and of </strong></em>
<em><strong>the Registrar will not amount to registration under section 11 and therefore it cannot be said that birth or death has been </strong></em>
<em><strong>registered for the purpose of sub-section (3) of the section 13. The provision contained in section 13(2) makes distinction </strong></em>
<em><strong>between the giving of information and the registration and requires written permission of prescribed authority before the </strong></em>
<em><strong>occurrence is registered. As stated above if the registration process has not been completed within one year, the order of </strong></em>
<em><strong>the Magistrate will be required under sub-section (3). Neither the Act nor the rules provide for any provisional written </strong></em>
<em><strong>permission from the District Registrar. Section 13(2) of the Act as well as rule 10(2) of the rules envisages one type of </strong></em>
<em><strong>written permission from the prescribed authority and for this purpose the District Registrar appears to be the prescribed </strong></em>
<em><strong>authority. If the registration process has not been completed, rule 10(3), will be attracted. Amendment of rule 10(2) will </strong></em>
<em><strong>not be of any help in view of the provisions contained in sub-section (2) and sub-section (3) of section 13 of the Act. </strong></em>
<em><strong>Remedy lies either in quick disposal of the case by the prescribed authority under section 13(2) or suitable amendment of </strong></em>
<em><strong>the Act. </strong></em>
<em><strong>48. Query: After coming into operation of the Criminal Procedure Code, 1973 with effect from 1-4-1974, the Govt. of </strong></em>
<em><strong>West Bengal has requested that the authority to exercise power under rule 10(3) of West Bengal Registration of Births and </strong></em>
<em><strong>Deaths Rules, 1972 be given to Executive Magistrate. As only a First Class Magistrate or a Presidency Magistrate is </strong></em>
<em><strong>specified in section 13(3) of the Act, the authority can now be exercised only by a Judicial Magistrate of the 1</strong></em>
<em><strong>st</strong></em>
<em><strong> class or a </strong></em>
<em><strong>Metropolitan Magistrate and not by Executive Magistrate. It is also for advice whether it would require amendment of the </strong></em>
<em><strong>RBD Act, 1969, itself or only an amendment in rule 10(3) of the West Bengal Registration of Births and Deaths Rules, </strong></em>
<em><strong>1972 would serve the purpose of specifying the appropriate Magistrate allowed by the Cr. P.C. 1973. </strong></em>
<em><strong>Clarification: Sub-section (3) of section 13 of the RBD Act, 1969 provides that in case of delay of registration of birth or </strong></em>
<em><strong>death beyond one year of its occurrence the same shall be registered only on an order made by a Magistrate of the first </strong></em>
<em><strong>Class or a Presidency Magistrate after verifying the correctness of birth or death and on payment of prescribed fee. </strong></em>
<em><strong> This function of verifying the correctness may involve the appreciation or sifting of evidence or the formulation of </strong></em>
<em><strong>a decision but that decision will not expose any person to any punishment or penalty or will not have the effect of sending </strong></em>
<em><strong>any person for a trail so as to bring this function within the meaning of clause (a) of sub-section (4) of section 3 of the Cr.</strong></em>
<em><strong>P.C., 1973. At the most it may be said to be quasi-judicial function. Under the RBD Act, 1969, the function under section </strong></em>
<em><strong>13(3) of the said Act is treated as administrative or executive in nature. Clause (b) of sub-section (4) of section 3 of Cr. </strong></em>
<em><strong>P.C. 1973 provides that the functions which are administrative or executive in nature exercisable by a Magistrate under any </strong></em>
<em><strong>Law other than the code, shall be exerciseable by an Executive Magistrate. In view thereof the functions under sub-section </strong></em>
<em><strong>(3) of section 13 of the RBD Act, 1969 can be exercised by an Executive Magistrate. </strong></em>
<em><strong>49. Query: Whether events occurring prior to the date of enforcement of the RBD Act, 1969 can be registered? </strong></em>
<em><strong>Clarification: The events of births and deaths, which occurred prior to the coming into force of the RBD Act, 1969 can be </strong></em>
<em><strong>registered under the provisions of this Act. The provisions of section 13 which relates to delayed registration can also be </strong></em>
<em><strong>applied in registration of such events. </strong></em>
<em><strong>50. Query: Whether District Statistical Officer (District Registrar) can work in place of 1</strong></em>
<em><strong>st</strong></em>
<em><strong> class Magistrate under the </strong></em>
<em><strong>provisions of sections 13(2), 13(3) of the RBD Act, 1969 and rules 10(2) and 10(3) of Bihar Registration of Births and </strong></em>
<em><strong>Deaths Rules, 1970? </strong></em>
<em><strong>Clarification: Section 13(2) and (3) of the RBD Act, 1969 and rule 10(2) and (3) of the Bihar Registration of Births and </strong></em>
<em><strong>Deaths Rules, 1970 provide for separate authorities to grant permission for the delayed registration of births and deaths. </strong></em>
<em><strong>Order of the first Class Magistrate is required only in case of births/ deaths not registered within a period of one year and </strong></em>
<em><strong>provisions of section 13(3) only are applicable in this case. The District Statistical Officer who is District Registrar cannot </strong></em>
<em><strong>be given the powers of first Class magistrate as the Act does not provide for delegation of these powers to any other </strong></em>
<em><strong>person. </strong></em>
<em><strong>51. Query: As per section 13(3) of the RBD Act, 1969, any birth or death which has not been registered with one year of </strong></em>
<em><strong>its occurrence shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after </strong></em>
<em><strong>verifying the correctness of the birth or death and on payment of the prescribed fee. Recently an instance has been brought </strong></em>
<em><strong>to the notice of this office by one of the registration offices wherein the order from the First Class Magistrate states that the </strong></em>
<em><strong>birth to be registered is that of an adopted son of a couple. However, it was verified that the adoption was not legally </strong></em>
<em><strong>established under the Adoption Law in force. Neither the legitimacy of the person concerned can be proved since the </strong></em>
<em><strong>persons who adopted him are all dead, nor it is possible to know the name of his real parents. As for registration purpose, </strong></em>
<em><strong>the order issued by the First Class magistrate is the basis, but doubts now arise whether the birth can be registered as </strong></em>
<em><strong>“adopted son” unless the adoption is established under the Law. Please clarify? Clarification: The information required to be given under section 13 of the RBD Act, 1969 is that of birth or death as </strong></em>
<em><strong>defined in the Act. This information may be given by the natural parents or sufficient evidence may be produced before the </strong></em>
<em><strong>Magistrate within the prescribed period as provided under section 13. In view thereof what is required is the evidence of </strong></em>
<em><strong>birth, which, in the absence of his parents, may be given by the inhabitants of one’s locality who were aware of his birth. It</strong></em>
<em><strong>is stated that in the order of the First Class Magistrate, the birth to be registered is that of an adopted son. In this case,</strong></em>
<em><strong>unfortunately, the adopting couple is also dead and it is not possible to know the name of the real parents. While there may </strong></em>
<em><strong>be no legal objection to registering the birth of an adopted son, it is however, necessary that the natural parents of the </strong></em>
<em><strong>adopted son and their names should be entered in the register. The question of entering the name of adopted son in this </strong></em>
<em><strong>case does not arise since there had been no valid adoption. In view thereof only the evidence of his birth could be given by </strong></em>
<em><strong>the natural parents or by persons who are aware of his birth. </strong></em>
<em><strong>52. Query: Whether suitable rules to lay down specific procedure for ascertaining/verification of the fact of an event of </strong></em>
<em><strong>birth/death under section 13(3) of the RBD Act, 1969 can be made in the state rules? </strong></em>
<em><strong>Clarification: It is felt that it may not be proper to issue any guidelines that may have the effect of circumscribing of </strong></em>
<em><strong>limiting the discretion of a Magistrate. The Magistrate is expected to pass an order according to the facts of each case on </strong></em>
<em><strong>its own merits. </strong></em>
<em><strong>53. Query: Events of births and deaths, could not be registered in a state due to strike by the Talati-cum-Mantri who is </strong></em>
<em><strong>also working as Registrar of Births and Deaths, although the events were reported by the parties within the time limit </strong></em>
<em><strong>prescribed under the state rules. The Chief Registrar of Births and Deaths of the state has proposed to grant certain </strong></em>
<em><strong>relaxation for registration of such events in view of the strike by the registrar. Whether such relaxation is possible under </strong></em>
<em><strong>the RBD Act, 1969? </strong></em>
<em><strong>Clarification: Under section 13 of the RBD Act, 1969, it is only in cases where there is a failure on the part of the </strong></em>
<em><strong>informant informing the Registrar as to the birth or the death of a person, the procedure contemplated therein is to be </strong></em>
<em><strong>followed. </strong></em>
<em><strong>It appears that the parties have reported the events within time and there is no default on their part. Due to strike </strong></em>
<em><strong>in the department the authorities could not take steps to record the events reported by the parties. Under the above </strong></em>
<em><strong>circumstances no late fee can be levied as section 13 applies only to cases where there is a failure on the part of the parties</strong></em>
<em><strong>to report the birth and death of a person. The authorities can register the events reported by parties without any relaxation </strong></em>
<em><strong>of the provisions of the Act. </strong></em>
<em><strong>54. Query: Whether the Registrar is liable to pay late fee in cases of any delay on his part in registering an event under </strong></em>
<em><strong>section 13(1) and 13(2) of the Act. </strong></em>
<em><strong>Clarification: Section 13(2) is attracted when the information required as per Section 8 or Section 9 of the Act is furnished </strong></em>
<em><strong>after thirty days but within one year of the date of occurrence of the event. However, Section 13(3) is attracted when an </strong></em>
<em><strong>event has not been registered within one year of occurrence. </strong></em>
<em><strong> Section 13 only speak of payment of late fee under relevant sub-section by the party concerned. There is no </strong></em>
<em><strong>provision for payment of late fee by the Registrar for any delay on his part in registering an event. However, the Registrar </strong></em>
<em><strong>can be penalized for any undue delay on his part in registering an event. Section 23(2) provides that any registrar or Sub- </strong></em>
<em><strong>Registrar who neglects or refuse without reasonable cause, to register any birth or death occurring in his jurisdiction or to </strong></em>
<em><strong>submit any return as required by sub- section(1) of section 19 of the Act. Shall be punishable with fine which may extend </strong></em>
<em><strong>to Rs.50. </strong></em>
<em><strong>55. Query: Section 23 of Registration of Births &#38; Deaths Act. 1969 deals with the penalties. Sub-section 5 of this section </strong></em>
<em><strong>states that an offence under this section shall be tried summarily by a Magistrate. The point has been raised whether a case </strong></em>
<em><strong>in this connection is to be launched in the court of an Executive Magistrate or of a judicial Magistrate. </strong></em>
<em><strong>Clarification: Section 3(4) of the code of Criminal procedure provides that where the function exercisable by Magistrate </strong></em>
<em><strong>under any law, relate to matters which involve the appreciation. Or sifting of evidence or the formulation of any decision </strong></em>
<em><strong>which exposes any person to any punishment of penalty or detention in custody pending investigation or enquiry or trial </strong></em>
<em><strong>would have effect of sending him for trial before any court, they shall be exercisable by a judicial Magistrate. </strong></em>
<em><strong>56. Query: Whether the event of birth could be registered at the place other than the place of occurrence under the </strong></em>
<em><strong>provisions of delayed registration as laid down in section 13(3) of the Act. </strong></em>
<em><strong>Clarification: The event of birth/death is to be registered under section 13(3) of the RBD Act. 1969 at the place, where the </strong></em>
<em><strong>event took place. In such cases, the registration should be made only on order of the Magistrate having jurisdiction over the </strong></em>
<em><strong>area concerned. 57. Query: Whether there is any time limit prescribed for delayed registration of births and deaths under section 13(3) of </strong></em>
<em><strong>the Act. </strong></em>
<em><strong>Clarification: Under the provisions of section 13(3) of the Act, as it exists at present, there is no time bar on delayed </strong></em>
<em><strong>registration of such events. </strong></em>
<em><strong>58. Query: Who is the competent authority for collecting fee payable under Section 13 and corresponding State Rule? </strong></em>
<em><strong>Clarification: Fees and penalties imposed for late /delayed registration under Sections 13 and 23 of RBD Act, 1969 and </strong></em>
<em><strong>corresponding State Rules, are to paid to the concerned Registrar of Births and Deaths, unless some other officer has been </strong></em>
<em><strong>appointed or authorized for the purpose under the State Rules. </strong></em>
<em><strong>59. Query: Whether provision of Section 13 will apply to cases where the events of Births &#38; Deaths have been reported by </strong></em>
<em><strong>informant within the times as prescribed in the State Rules but the same could not be registered by Registrar within one </strong></em>
<em><strong>year of their reporting. </strong></em>
<em><strong>Clarification: Section 13 applies only to cases where there is failure on the part of the informant to report such events in </strong></em>
<em><strong>time. However, for any undue delay on the part of Registrar in registering the events, he may become liable for action </strong></em>
<em><strong>under Section 23(2) of the Act. </strong></em>
<em><strong>SECTION 14:</strong></em>
<em><strong>60. Query: Whether the column relating to the name of the child registered before 1-7-1970 (i.e. before the date of </strong></em>
<em><strong>implementation of the Registration of Births &#38; Deaths Act. 1969) can be filled in or not. </strong></em>
<em><strong>Clarification: By virtue of provision under section 31(2) of the Registration of Births and Deaths Act. 1969 the entries </strong></em>
<em><strong>made in respect of births and deaths under the repealed law would, therefore, be deemed to have been made under the </strong></em>
<em><strong>provision of this Act and continue in force until superseded by anything done or any action taken under this Act. </strong></em>

<em><strong>61. Query: Whether penalty can be imposed under Section 23(4) if any person fails to report the name of the child to the </strong></em>
<em><strong>Registrar within the time prescribed in the state rules. </strong></em>
<em><strong>Clarification: In case where the birth of a child has been registered without name and the parent of guardian of that child </strong></em>
<em><strong>gives information regarding name of the child the Registrar after the prescribed period of 12 months, the Registrar shall </strong></em>
<em><strong>enter name in the register on payment of a late fee of rupees two (Rule 11 (1) of Mode Rules). If the information is delayed </strong></em>
<em><strong>without any reasonable cause he shall also be punishable with a fine which may extend to ten rupees under Section 23(4) of </strong></em>
<em><strong>the RBD Act. 1969 and the corresponding State Rules. </strong></em>

<em><strong>SECTION 15:</strong></em>
<em><strong>62. Query: Whether all corrections of other nature are to be made in the same manner as the correction of date of birth </strong></em>
<em><strong>and the same procedure shall apply for the supply of certified copies? </strong></em>
<em><strong>Clarification: Rule 12 of the Chandigarh Registration of Births and Deaths Rules, 1974 provides for uniform Rule, which </strong></em>
<em><strong>applies to all types of correction including date of birth and supply of, certified copy. </strong></em>
<em><strong> Rule 12(4) of Chandigarh Registration of Births and Deaths Rules, 1974 requires convincing proof by the </strong></em>
<em><strong>Registrar and provides for elaborate procedure for effecting corrections under section 15 of the Act. </strong></em>
<em><strong>63. Query: A case has been referred by a person, where it is stated that his female child has changed sex after surgical </strong></em>
<em><strong>operation. In support of his statement he has enclosed medical certificates issued by the doctors who attended the child at </strong></em>
<em><strong>the operation. Now consequent upon the change in sex, the father of the child has requested to make necessary changes in </strong></em>
<em><strong>the birth entry of the child. Clarify whether on the basis of the documents produced by the party, necessary changes, such </strong></em>
<em><strong>as name of child, sex can he effected in the original birth entry. </strong></em>
<em><strong>Clarification: It is agreed that correction by way of change in name and sex in original birth entry in the birth register </strong></em>
<em><strong>may be effected on the basis of medical documents produced by the party. 64. Query: The birth of a child born to Mrs. ‘A’ has been registered with name of the petitioner cited as the father of the </strong></em>
<em><strong>child. The petitioner in his petition has denied the father-hood of the child. What procedure, the Registrar should follow in</strong></em>
<em><strong>such cases? </strong></em>
<em><strong>Clarification: The Registrar has authority under section 15 of the RBD Act, 1969 to make correction in the register of </strong></em>
<em><strong>births and deaths. In the present case the concerned Registrar may enquire into the matter and make the necessary </strong></em>
<em><strong>corrections according to procedures laid down in rule 12 under the Act. If the petitioner is the legal husband of the mother </strong></em>
<em><strong>of the child, his protest cannot stand unless there is a separation or divorce decree. If on the other hand, an error or fraud in </strong></em>
<em><strong>the entry is suspected on the basis of the enquiry, to the satisfaction of Registrar, he may make a report as authorized by </strong></em>
<em><strong>rule 12(6), giving necessary details to the officer authorized under section 25 and on hearing from him, take necessary </strong></em>
<em><strong>action as provided in the various sub-rules of rule 12. </strong></em>
<em><strong>65. Query: Section 15 of the RBD Act, 1969 gives full powers to the Registrars of Births and Deaths to effect corrections </strong></em>
<em><strong>in the birth and death registers. It has been pointed out that this power leads to many serious problems because some of the </strong></em>
<em><strong>Registrars are forced to correct even date of birth which has been registered thirty or forty years ago. In certain cases, the </strong></em>
<em><strong>dates of birth shown in the educational record etc. are quite different from the dates shown in the birth records. The </strong></em>
<em><strong>registrars are bound to correct the date of birth on receipts of requests from concerned parties. Consequently if the persons </strong></em>
<em><strong>are employed, they may get extension in their service. The chances of malpractices cannot therefore be ruled out. Hence </strong></em>
<em><strong>some restriction of this power of Registrars is felt a real necessity. Please advice. </strong></em>
<em><strong>Clarification : Section 15 of the RBD Act, 1969 authorizes the Registrar to correct the errors or cancel the entry of any </strong></em>
<em><strong>birth or death if the same is erroneous in the form or substance or has been fraudulently or improperly made. But, as will be </strong></em>
<em><strong>seen, the provision contains many inbuilt safeguards. The section begins with the word “if it is proved to the satisfaction of </strong></em>
<em><strong>the registrar”. It shows that not only error or fraud in the entry had to be proved, but also it should be proved to be </strong></em>
<em><strong>satisfaction of the registrar. In this respect the registrar will exercise quasi-judicial functions and will have to scan the </strong></em>
<em><strong>evidence in order to be satisfied. It will have to be established that the entry is erroneous in form or in substance or has </strong></em>
<em><strong>been fraudulently or improperly made. Thus there is no question of the registrars being forced to correct the dates as </strong></em>
<em><strong>suggested in the query. </strong></em>
<em><strong>The second safeguard is that the registrar will have to act subject to the rules made by state govt. with respect to the </strong></em>
<em><strong>conditions on which and the circumstances in which such entries may be corrected. The rules made by the state </strong></em>
<em><strong>government for this purpose may require strict proof to substantiate any claim and may also require that the procedure </strong></em>
<em><strong>should be strictly followed. </strong></em>
<em><strong> The third safeguard is that the registrar shall not alter the original entry but shall make the correction in the margin </strong></em>
<em><strong>and shall sign the same giving the date of correction. Consequently the original date as well as corrected date will remain </strong></em>
<em><strong>side by side on the register and any certified copy of the said entry will contain both the dates. </strong></em>
<em><strong> The Act nowhere says that the entry in register is the conclusive proof of the birth and death. Therefore such entry </strong></em>
<em><strong>will be merely an evidence. When after correction, two dates, one original and the other corrected are there, the authority </strong></em>
<em><strong>who has to take any action depending upon the date of birth of any person will not bound to accept the corrected date or to </strong></em>
<em><strong>change the date mentioned in their own office records. </strong></em>
<em><strong> In views of position stated above chance of malpractices being committed appears to be very much limited, if not </strong></em>
<em><strong>eliminated. </strong></em>
<em><strong> Powers of the Registrar conferred by this provision can be restricted by making very strict rules requiring </strong></em>
<em><strong>convincing proof and providing for elaborate procedure in case of an application for change of date of birth as stated in </strong></em>
<em><strong>para 2 above. </strong></em>
<em><strong>66. Query : It may be clarified whether correction in respect of events occurred and registered prior to the enforcement of </strong></em>
<em><strong>the RBD Act, 1969 in the state/union territory can still be effected under the provision of the Births, Deaths and Marriages </strong></em>
<em><strong>registration act of 1886 if applicable there. It may be pointed out that in section 28(1) of the births, deaths and marriages </strong></em>
<em><strong>registration act, 1886 there was a similar provision for correction of entry in the register. </strong></em>
<em><strong>Clarification : It would be competent for the registrar to correct or cancel the entries in respect of births and deaths </strong></em>
<em><strong>registered under the repealed law under section 15 of the RBD Act, 1969. </strong></em>
<em><strong> Where a birth or death has been registered under the provision of the Births, Deaths and Marriages Registration </strong></em>
<em><strong>Act, 1886 and the aforesaid Act is still in force in a state, the entries can be corrected under section 28 of the aforesaid Act. </strong></em>
<em><strong> In case the Act of 1886 has also been repealed the entries made under the provision of the Act can be corrected </strong></em>
<em><strong>under the section 15 of the 1969 Act. 67. Query: whether entries in respect of births and deaths registered under different Act (other than the registration of the </strong></em>
<em><strong>Births, Deaths and Marriages Act of 1886) in various state prior to the enforcement of the RBD Act, 1969 can still be </strong></em>
<em><strong>correction or cancelled whenever such a correction or cancelled is sought by the public under the provision of old </strong></em>
<em><strong>Acts/rules (other than the registration of the Births, Deaths and marriages Act of 1886) or even under the provision of the </strong></em>
<em><strong>present 1969 Act? In this connection it may be mentioned that prior to the enforcement of 1969 Act, the state had their own </strong></em>
<em><strong>Acts for registration of births and deaths (beside the 1886 Act), such as Travancore-Cochin Registration of Births and </strong></em>
<em><strong>Deaths Act, 1953 (Act VIII of 1953), the Kerala Municipal Act 1960 (section 324), Madras Registration of Births and </strong></em>
<em><strong>Deaths Act, 1899 (Act III of 1899) etc. Which stand repealed as per section 31(1) of the RBD Act, 1969. </strong></em>
<em><strong>Clarification: Section 31(1) of the RBD Act, 1969 repeals the Provisions of Law in force in the various states which relate </strong></em>
<em><strong>to the matters covered by this Act. Sub-section (2) there of provides that not with standing such repeal anything done or </strong></em>
<em><strong>any action taken under the repealed law shall be deemed to have been done or taken under the provision of the Act of 1969 </strong></em>
<em><strong>and shall continue in force accordingly until superseded by anything done or any action taken under this Act. </strong></em>
<em><strong> Section 15 of the Act empowers the registrar to correct or cancel any entry in the registrar to correct or cancel any </strong></em>
<em><strong>entry in the register of birth and deaths kept by him under this Act. </strong></em>
<em><strong> By virtue of provision of section 31(2), the entries made in respect of births and deaths under the repealed law </strong></em>
<em><strong>would, therefore, be deemed to have been made under the provisions of this act and continue in force until superseded by </strong></em>
<em><strong>any thing done or any action taken under the Act. Similarly the register of births and deaths in respect of old entries will be</strong></em>
<em><strong>deemed to have been kept by the register under this act. </strong></em>
<em><strong> In view of the aforesaid, it would be competent for the registrar to correct or cancel the entries in respect of births </strong></em>
<em><strong>and deaths registered under the repealed law in the various states under section 15 of the 1969 Act. </strong></em>
<em><strong>68. Query : Section 15 of the RBD Act, 1969 provides for correction or cancellation of entry in the register of births and </strong></em>
<em><strong>deaths. The Registrar has been empowered to correct or cancel any entry in any register kept by him, if it is proved to his </strong></em>
<em><strong>satisfaction, that the entry is erroneous in form or substances, or has been fraudulently or improperly made. Pursuant to a </strong></em>
<em><strong>rule made by the state government under section 30(2) (K) of the Act, the registers are transferred to the District Registrar </strong></em>
<em><strong>or any other any officer specified by the state government. Whether the registrar is competent to carry out the correction or </strong></em>
<em><strong>cancellation after a period of 12 months when the registers are not kept by him or whether the officer who has possession </strong></em>
<em><strong>of the register can correct or cancel entries made in the register? </strong></em>
<em><strong>Clarification: Under section 16(1) of the RBD Act, 1969 every Registrar is required to keep the register of births and </strong></em>
<em><strong>deaths for his registration area. Under section 15, Registrar has been empowered to correct or cancel an entry of a birth or </strong></em>
<em><strong>death in any register kept by him. </strong></em>
<em><strong>It appears that pursuant to a rule made by a state government under section 30(2) (K) the said register is </strong></em>
<em><strong>transferred to the district Registrar or an officer specified by the state government after a period of 12 months. The view of </strong></em>
<em><strong>the state government is that after the registers are so transferred these cannot be said to have been kept by the registrar with </strong></em>
<em><strong>the result that there is difficulty in making corrections or cancellation in the said registers by him under section 15 of the </strong></em>
<em><strong>Act. Section 15 clearly provides that the registers shall be kept by the registrar. The rule made by the state govt. pursuant to </strong></em>
<em><strong>section 30(2) (k) will therefore, have to be interpreted in a harmonious manner. The proper view would therefore be that </strong></em>
<em><strong>irrespective of the place of keeping the registers, the register shall be deemed to have been kept by the registrar and the </strong></em>
<em><strong>transfer of these registers to the office of District Registrar or any other officer specified by the state Government would be</strong></em>
<em><strong>for the administrative convenience of keeping the records at a convenient and centralized place. </strong></em>
<em><strong>Even though the registers are transferred and stored in the office of the district registrar, the registrar would be the </strong></em>
<em><strong>proper custodian of these registers. It would, therefore, be competent for him to make the corrections, etc. under section 15 </strong></em>
<em><strong>of the act and for the purpose he can either call for the records or can himself go at that place and attest the entries. </strong></em>
<em><strong>69. Query : Whether the correction or cancellation of entries in birth/death registers under section 15 of the act also covers </strong></em>
<em><strong>change of name? </strong></em>
<em><strong> Whether registrar is competent to effect correction involving change of name in respect of birth/death occurred </strong></em>
<em><strong>and registered prior to enforcement of the 1969 Act? </strong></em>
<em><strong>Clarification : The question of change of name may be viewed from angles. The first is that there may be some clerical </strong></em>
<em><strong>error in writing the name in the register. For example Ram might have been written by oversight as Ram Lal or the word </strong></em>
<em><strong>‘Chandra’ Might have been written as ‘chander’. The correction of the name under such circumstances may be covered </strong></em>
<em><strong>under section 15 of the Act. Similarly, the name might have been fraudulently or improperly entered in the register. This </strong></em>
<em><strong>would also fall under section 15. The second aspect would cover such cases where a person changes his name and </strong></em>
<em><strong>thereafter makes a request for the changes of the name in register also. Such a contingency is obviously not covered under </strong></em>
<em><strong>section 15 of the Act. </strong></em>
<em><strong>The name is one of the various entries prescribed in the register. So the change of the name would be fact, a </strong></em>
<em><strong>correction of the entry relating to the name. Every case in regard to the request for the change of the name should, </strong></em>
<em><strong>therefore, be considered in the light of the aforesaid observations. 70. Query: Many of the entries related to births and deaths made under the old rules contain clerical or formal errors and </strong></em>
<em><strong>people are finding difficulties to obtain certificates with correct details. It is necessary to give powers under section 15 of</strong></em>
<em><strong>the 1969 Act to some persons who understand the old records and who can attend of these matters. Naturally in the </strong></em>
<em><strong>condition obtaining in Goa, Daman &#38; Diu; the Civil Registrars are the best who can do this job. The law Department of </strong></em>
<em><strong>administration which has been consulted in the matter has however opined that the function of the registrar under section </strong></em>
<em><strong>15 cannot be delegated to any other authority in the absence of any provisions in the act to do so. They advised that </strong></em>
<em><strong>function under section 15 should be exercisable only by the Registrars. As there is practical difficulty for the Registrars to </strong></em>
<em><strong>do the correction in the old records and as the matter was very urgent, this Government decided to obtain Government of </strong></em>
<em><strong>India’s approval under section 32 of the Act and in anticipation of the same, had authorized the Civil Registrar of each </strong></em>
<em><strong>taluka to make correction of erroneous entries in the old registers. Whether such an order is valid under the Act? </strong></em>
<em><strong>Clarification: It is found that the Administrator of Goa, Daman and Diu had by order, made under section 15 of the Act </strong></em>
<em><strong>empowered the Civil Registrar of each taluka of Goa, Daman and Diu to make corrections or cancellation of an erroneous </strong></em>
<em><strong>entry in the old register to the extent that such corrections or cancellation could be made permissible Under the said section </strong></em>
<em><strong>and the rules made thereunder. The question is whether such an order would be valid under the Act and whether such a </strong></em>
<em><strong>delegation for a limited purpose could be made to any authority other than the Registrar appointed under the Act. </strong></em>
<em><strong>The provisions of section 15 as may be seen are subject to such rules as may be made by the State Government with </strong></em>
<em><strong>respect to the condition on which and the circumstances in which entries may be corrected or cancelled etc. The </strong></em>
<em><strong>appointment of any other authority to carry out the functions under section 15, by the state Government, in the case of the </strong></em>
<em><strong>union territory by the Administrator, would not amount to delegation of the powers by the Registrar and the person so </strong></em>
<em><strong>appointed may legally perform such functions. </strong></em>
<em><strong>In view thereof, there seems no legal objection in passing of the said order and action taken by the Civil Registrar </strong></em>
<em><strong>would be legally in order. There is, however, no express provision under the Act to overcome this difficulty. In view </strong></em>
<em><strong>thereof, provisions of section 32 of the Act may also be invoked to overcome the difficulties. </strong></em>
<em><strong>71. Query: A female birth was registered with date of birth as 26-11-44. Subsequently, an application is received stating </strong></em>
<em><strong>that the female birth so registered was actually a male birth. The person whose birth was so registered has requested that </strong></em>
<em><strong>the name and sex as recorded in the birth register may be corrected. In support of his claim the person has submitted an </strong></em>
<em><strong>affidavit attested by two municipal commissioners and his matriculation certificate that shows the same date of birth as </strong></em>
<em><strong>registered in the case of female birth referred to above. </strong></em>
<em><strong>Clarification: It is not a case of correction of name and sex but cancellation of the old entry relating to the birth in </strong></em>
<em><strong>entirely and action as per rules relating to the same is suggested. The Local Registrar may be instructed to inform the party </strong></em>
<em><strong>accordingly. </strong></em>
<em><strong>72. Query: Whether the date of birth can be corrected on the strength of a declaratory decree obtained by another party </strong></em>
<em><strong>from a competent court. </strong></em>
<em><strong>Clarification: The application for correction of age has to be made by the person concerned and not by another person. </strong></em>
<em><strong>73. Query: Whether expansion of name by adding father`s and mother`s name by way of correction in the registration </strong></em>
<em><strong>records is covered under section 15 of the RBD Act. 1969. </strong></em>
<em><strong>Clarification: The provision of section 15 of the Act are not attracted in such cases as these involve a change of name. </strong></em>
<em><strong>74. Query: Whether addition of name in old birth register could be made in respect of events occurred and registered prior </strong></em>
<em><strong>to the coming into force of the RBD Act. 1969. </strong></em>
<em><strong>Clarification: By virtue of provisions of 31(2) of the Registration of births and Deaths Act. 1969, the entries made in </strong></em>
<em><strong>respect of births and deaths under the replaced law would, therefore, be deemed to have been made under the provision of </strong></em>
<em><strong>this Act and continue in force until superseded by anything done or any action taken under this Act. It, therefore, follows </strong></em>
<em><strong>that the events registered before the enforcement of this Act of 1969 will continue to be regulated under the provision of </strong></em>
<em><strong>the aforesaid Act. </strong></em>
<em><strong>75. Query: Whether expansion of initial before name is possible under section 15 of the RBD Act. 1969. </strong></em>
<em><strong>Clarification: If the Registrar feels that the earlier writing of short name (initial) was erroneous in from or substance, he </strong></em>
<em><strong>may correct the same. 76. Query: whether correction in the name of father and grand-father could be made in the birth entries on the basis of </strong></em>
<em><strong>court`s judgement. </strong></em>

<em><strong>Clarification: Section 15 of the Registration Births &#38; Deaths Act. 1969 provides for correction or cancellation of entry in </strong></em>
<em><strong>the register. For this purpose, it has to be proved to the satisfaction of the Registrar that any relevant entry is erroneous in </strong></em>
<em><strong>from or in substance (etc). Even then, the original entry is not to be deleted or altered and a marginal entry is to be made. </strong></em>
<em><strong>Rule 12 then deals with specific procedure to be followed. It does not seem to be a case of any formal error but the entries </strong></em>
<em><strong>seem to be erroneous in substance…… if erroneous at all. For this purpose sub-rule (4) specifically provides for </strong></em>
<em><strong>declaration by two credible persons having knowledge of the facts of the case. Further, the Registrar may before arriving at </strong></em>
<em><strong>the satisfaction like to give opportunity to show cause to the mother or the person who had given the report earlier. </strong></em>
<em><strong>77. Query: Whether the changes made in the name of father/mother through Gazette notification or otherwise subsequent </strong></em>
<em><strong>to the date of registration of birth of the child could be incorporated in the birth register. </strong></em>
<em><strong>Clarification: As such changes in the name are not covered under section 15 of the Act. These need not be incorporated in </strong></em>
<em><strong>the birth register. </strong></em>
<em><strong>78. Query: Whether fee could be charged for correction/cancellation of entries in the birth/death register. </strong></em>
<em><strong>Clarification: Section 30(2)(e) of the Registration of Births and Deaths Act. 1969 does not envisage making of provision </strong></em>
<em><strong>in the state rules for charging of fee for correction/ cancellation of entries in birth/ death register under the provisions of</strong></em>
<em><strong>section 15 of the Act. As such, no fee could be charged in this regard. </strong></em>
<em><strong>79. Query: whether correction in the entry relating to name and sex in birth register could be made on the basis of a </strong></em>
<em><strong>certificate from the Surgeon performing such corrective Operation. </strong></em>
<em><strong>Clarification: The entries relating to name and sex of such child may be allowed if the Surgeon performing corrective </strong></em>
<em><strong>operation certifies the sex of the child. </strong></em>

<em><strong>SECTION 17:</strong></em>
<em><strong>80 Query: The medium of working in cantonment office is English and therefore, it is not possible to maintain the </strong></em>
<em><strong>registers and other forms under the Act in regional language. The population in the cantonment area consists of persons </strong></em>
<em><strong>from different parts of the country who insist for birth and death certificates in English language only. Please clarify </strong></em>
<em><strong>whether it is possible to adopt the prescribed registers and forms in English language by some of the registration units like </strong></em>
<em><strong>cantonment etc. </strong></em>
<em><strong>Clarification: Since the medium of working in the office of Cantonment Board is English, they may be allowed to </strong></em>
<em><strong>maintain registers etc. in English language. </strong></em>
<em><strong>81. Query: Whether Ball- pen or Dot-pen can be used for making entries in the register of births and deaths. </strong></em>
<em><strong>Clarification: While making entries in the registers of births and deaths, use of ball/dot pen is not desirable as its use puts </strong></em>
<em><strong>more strain on the paper. This was perhaps a reason that use of ink has been specifically recommended by the First </strong></em>
<em><strong>Conference of the Chief Registrars for making entries in the registers. However, there is no objection if ball/dot pen is used </strong></em>
<em><strong>while preparing the monthly returns etc.. which are not to be preserved permanently. </strong></em>
<em><strong>82. Query: Whether the full name of deceased, name of father/husband and permanent address should be provided by </strong></em>
<em><strong>Medical-officer – In charge in form No.4 in case of medical termination of pregnancy or not. If not how the death </strong></em>
<em><strong>certificate can be issued in case the party applies for death certificate? </strong></em>
<em><strong>Clarification: It is necessary that all the required particulars of the deceased in From No. 13 are to be obtained from the </strong></em>
<em><strong>hospital concerned before the entry is recorded in the death register. Without these particulars registration should not be </strong></em>
<em><strong>effected. It is the requirement of the Act. The confidential nature of the case under reference relates to “Cause of Death” </strong></em>
<em><strong>We may inform hospital authorities that cause of death revealed by them will be treated as confidential by the registration </strong></em>
<em><strong>authorities and will not be disclosed while issuing a death certificate under section 17 of the Act. 83. Query: Some Chief Registrar have reported that due to constant use the registers of birth and death in certain </strong></em>
<em><strong>registration units have become very old and are in dilapidated condition. If they are not copied in time the old registers </strong></em>
<em><strong>cannot be used further. They have therefore sought permission of this office for taking of duplicate copy of such registers. </strong></em>
<em><strong>Clarification: It is true that registers of births and deaths become unfit for use after certain period of time. On this account </strong></em>
<em><strong>we have been suggesting to the States that these records should be handled very carefully. Getting copies of these registers </strong></em>
<em><strong>is not the real solution as there is always a possibility of human error in copying of these records, apart from possibility of</strong></em>
<em><strong>some foul play. The best course would be Photostat copies or micro filming of such records. The birth/death certificate is </strong></em>
<em><strong>to be issued from the original records of births/deaths. In view of this provision proposals of copying out the whole record </strong></em>
<em><strong>of some specific year can be acceded to on the condition that such re-written record will be used for making search and </strong></em>
<em><strong>preparation of birth and death certificate but while issuing the certificate entry is to be verified from the original old record </strong></em>
<em><strong>which is to be preserved for this purpose after its renovation with tissue/transparent paper etc.. By this way re-written </strong></em>
<em><strong>record can be constantly used while original records will be referred to at the time issuing of birth/death certificate. </strong></em>
<em><strong> 84. Query: In the old system of births and deaths registration in Haryana state, there existed provision for inspection of </strong></em>
<em><strong>births and deaths records by public in connection with obtaining extracts. But under the new rules this facility has not been </strong></em>
<em><strong>provided. As such it is not understood whether the inspection of record by public is to be allowed or not. Please clarify.</strong></em>
<em><strong>Clarification: The section 17(1) of the RBD Act, 1969 provides that the public may cause a search to be made by the </strong></em>
<em><strong>Registrar for any entry in a register of births and deaths. In view of the above section, permission regarding inspection of </strong></em>
<em><strong>the records by public is not possible. However, on payment, of prescribed fee, the search will be made by the appropriate </strong></em>
<em><strong>authority and certified extracts can be issued to the applicant. </strong></em>
<em><strong>85. Query: Please clarify whether the fee for extracts to be issued for events registered under old by-laws of Municipal </strong></em>
<em><strong>Councils is chargeable according to the old by-laws or as per rates prescribed under the new rules framed under section 30 </strong></em>
<em><strong>of the RBD Act, 1969. </strong></em>
<em><strong>Clarification: After the enforcement of the RBD Act, 1969, all provisions of previous Acts/ by-laws as relate to matter </strong></em>
<em><strong>covered in 1969 Act stand repealed as provided under section 31(1) of the Act. The question of issuing extracts in respect </strong></em>
<em><strong>of old events under old by-laws does not arise now. Fees as prescribed under section 17 of 1969 Act and relevant state </strong></em>
<em><strong>rules thereunder will be applicable in such cases also. </strong></em>
<em><strong>86. Query Under the old system of registration of births and deaths, the extracts were given free of charge for </strong></em>
<em><strong>Government work. Similar concession was also available to Soldier’s Board. But in new rules there is no such provision. </strong></em>
<em><strong>Please advise, if the extracts can be supplied free of charge to Government offices for Government work and also to </strong></em>
<em><strong>Soldiers’ Board. </strong></em>
<em><strong>Clarification: Section 17(1) of the RBD Act, 1969 empowers the state Government to make rules relating to payment of </strong></em>
<em><strong>fees for issue of extracts. Hence if the state Government desires to grant any concession regarding payment of fee for </strong></em>
<em><strong>giving extracts to the category of Government offices and Soldiers’ Board, proposal may be submitted for approval of the </strong></em>
<em><strong>Central Government as provided in section 30(1) of the Act for amendment of the State rule. </strong></em>
<em><strong>87 Query: Under the rules, fees have been prescribed separately for two purposes viz. for search and for extracts. Section </strong></em>
<em><strong>17 of the Act empowers any person to cause a search for any entry in the births and deaths register. This becomes </strong></em>
<em><strong>necessary when the concerned person has no details of the said entry i.e. the date months and year of birth/death with him. </strong></em>
<em><strong>If these details are available with him, it not necessary for him to cause a search thereof and he can ask for extract of an </strong></em>
<em><strong>entry giving the details of the same. Thus if a person gives details of a birth or death and asks for extract, presumably he </strong></em>
<em><strong>does not cause a search to be made and search fee cannot be levied and only extract fee can be charged from him. Please </strong></em>
<em><strong>clarify. </strong></em>
<em><strong>Clarification: If a person gives details of the date of registration of birth or death (as different from date of occurrence) </strong></em>
<em><strong>and asks for extract, he does not cause a search to be made. In such cases search fee cannot be levied and only extract fee </strong></em>
<em><strong>can be charged from him, as the two items are prescribed separately in the rules. </strong></em>
<em><strong>88 Query: Whether a person can apply a search only or he has to apply for search as well as grant of extract at the same </strong></em>
<em><strong>time? </strong></em>
<em><strong>Clarification: Under the rules made by the state Government, under section 17 of the Act, separate provisions together </strong></em>
<em><strong>with fees therefore exist for causing the search of the event and for giving extracts from the register relating to a birth or </strong></em>
<em><strong>death. In view of a foresaid position, it would be possible for a person to apply only for causing a search for any entry in </strong></em>
<em><strong>the register and he need not apply for both searching and obtaining extract. He can be informed regarding the existence of </strong></em>
<em><strong>the event in the register. 89. Query: Section 17 of the RBD Act, 1969 and relevant state rules thereunder provide for search of birth and death </strong></em>
<em><strong>registers and fees payable for such search and for extract from the register. Whether the state Government departments can </strong></em>
<em><strong>seek details from the registers for official purposes without paying search fee as required under section 17 of the Act? </strong></em>
<em><strong> It has been brought to notice that police authority has power to seize the register of births and deaths or a court of </strong></em>
<em><strong>Law can call for the same in which case the registration work is hampered. Besides, statutory responsibility of the </strong></em>
<em><strong>Registrar gets infringed. What can be done under such circumstances? </strong></em>
<em><strong>Clarification: It may not be appropriate to be too legalistic in the matter when some information is required by a </strong></em>
<em><strong>Government department in respect of a death or a birth. There should not be any legal difficulty in furnishing such </strong></em>
<em><strong>information informally to the department. However, if the information is required for the purpose mentioned in subsection (2) of section 17, it would be necessary to charge the prescribed fee from the department for giving extracts duly </strong></em>
<em><strong>certified by the Registrar or the authorized person. (Please also refer clarification 87) </strong></em>

<em><strong>It is not possible to prevent the police or a court of Law to seize or requisition register containing entries of births </strong></em>
<em><strong>and deaths maintained by a Registrar. However, such cases would be very few and would arise only when there may be </strong></em>
<em><strong>suspicion of forgery etc. Such seizure of the records may not be necessary for the purpose of proving the age or death of a </strong></em>
<em><strong>person as such purpose can be achieved by giving certified copies to the police. Similarly an authorized person from the </strong></em>
<em><strong>office of the Registrar can give evidence by producing the register in the court The RBD Act, 1969 does not give any </strong></em>
<em><strong>immunity to the registers maintained by a Registrar from seizure etc. and it is also not necessary to have such a provision </strong></em>
<em><strong>in the Act. It is not considered that the registration work would be hampered or the statutory responsibility of the Registrar</strong></em>
<em><strong>would be affected by such seizure or requisition of the records. </strong></em>
<em><strong>90. Query: According to the procedure laid down in section 15 for the Act. And the State Rules, the extracts from the </strong></em>
<em><strong>register of births and deaths under Section 17 contain both original as well as corrected items of the errors. There are, cases</strong></em>
<em><strong>where the members of the public seeking extracts under Section 17 are only interested in the corrected items. In this regard, </strong></em>
<em><strong>question arises whether extracts in such cases could be issued for corrected entries only as demanded by the public. </strong></em>
<em><strong>Clarification: Section 17 of the Act refers to the furnishing of extracts from the registers of births and deaths. The ordinary </strong></em>
<em><strong>meaning of the word `extract` being “true &#38; accurate confirming to ……..”. As such, both the original entry and the </strong></em>
<em><strong>corrected entry with the data of correction may be shown in the extracts of the corrected items as has been the current </strong></em>
<em><strong>practice followed in this regard. </strong></em>
<em><strong>SECTION 18:</strong></em>
<em><strong>91. Query: Section 18 provides that the Registration officers shall be inspected by the authority specified by the District </strong></em>
<em><strong>Registrar. Can an officer above the District Registrar in the registration hierarchy be specified for purposes of section 18 </strong></em>
<em><strong>by the District Registrar? </strong></em>
<em><strong>Clarification: The District Registrar may for the purposes of inspection specify officers under section 18 of the RBD Act, </strong></em>
<em><strong>1969. Any such officer may perhaps be sending his inspection report to the District Registrar. Naturally, any such officer </strong></em>
<em><strong>can only be an officer over whom he has jurisdiction or control. He cannot be an officer superior in rank to the District </strong></em>
<em><strong>Registrar. </strong></em>
<em><strong>92. Query: Under section 19(1) of the RBD Act, 1969, and rule 15, sub-rules 1, 2 and 3; the Registrar prepares three </strong></em>
<em><strong>copies of the birth and deaths register. One copy is sent to the Chief Registrar Bihar; the other copy to the District </strong></em>
<em><strong>Registrar and the third is being kept by the Registrar himself as office copy. Please clarify whether the births and deaths </strong></em>
<em><strong>register in forms 11, 12 and 13 may be prepared in triplicate for the urban areas by corporations/ municipalities and </strong></em>
<em><strong>notified area committees where statistical staff have been posted. </strong></em>
<em><strong>Clarification: Every Registrar including the Registrar for a Municipality with a population less than 30,000 may prepare </strong></em>
<em><strong>only one copy of the statutory register of births and deaths. This copy may be sent to the Chief Registrar through the </strong></em>
<em><strong>officer specified by him as prescribed in rule 15(1) of the Bihar Registration of Births and Deaths Rules 1970. The </strong></em>
<em><strong>Registrars for the municipalities with population 30,000 and over need not prepare two or three copies of the statutory </strong></em>
<em><strong>register as they are required to send only the compiled statement to Chief Registrar under sub-rule (4) of rule 15 of the </strong></em>
<em><strong>Bihar registration of Births and Deaths rules, 1970. Bigger Municipality/ Corporation may however, get a copy prepared </strong></em>
<em><strong>by the Sub-Registrars of the sub area of the Municipality/ Corporation to be sent to the Registrar of the Municipality/ </strong></em>
<em><strong>Corporation for compilation of data for the entire jurisdiction of the local body. </strong></em>
<em><strong>SECTION 19:</strong></em>
<em><strong>93. Query: Registrars of births and deaths for each registration unit send monthly extracts of births and deaths every </strong></em>
<em><strong>month to the state directorate. These extracts are used for compilation of statistical data and are preserved for one year. </strong></em>
<em><strong>These extracts are then destroyed when the statistical work is over. Whether copies of the extracts or any relevant </strong></em>
<em><strong>information can be supplied by this directorate for other legal purposes whenever desired from taluka or unit level? Clarification : The extracts of births and deaths received in the directorate every month from the Registrar, are not </strong></em>
<em><strong>certified copies of the original record, hence they have not legal value. They are meant only for compilation. Queries from </strong></em>
<em><strong>any quarter may be directed to the officer keeping the original records or the officer empowered to issue such extracts. </strong></em>
<em><strong>94. Query: Whether the monthly returns received under the State Rules could be destroyed after three years from the date </strong></em>
<em><strong>of their receipt or when the data from such returns are brought out in the Annual vital Statistics Report of the State </strong></em>
<em><strong>concerned. </strong></em>
<em><strong>Clarification: There appears to be no objection if such monthly statistical returns are destroyed after three years of their </strong></em>
<em><strong>utility. As the monthly statistical returns are of not much consequences after the data are tabulated, it is left to each state to </strong></em>
<em><strong>destroy as and when they feel that the returns have lost their utility. </strong></em>
<em><strong>95. Query: How long copies of monthly reports of birth and death should be preserved and what should be the procedure </strong></em>
<em><strong>for destruction of such reports. </strong></em>
<em><strong>Clarification : The monthly statistical returns are of not much consequences after the data is tabulated it is left to the Chief </strong></em>
<em><strong>Registrars to destroy them as and when they feel that the returns have lost their utility according to the procedure being </strong></em>
<em><strong>followed in this regard in their respective States/Union Territories. </strong></em>
<em><strong>SECTION 20:</strong></em>
<em><strong>96. Query : Whether births which occurred to Indian citizens abroad prior to 1-1-1971 and not registered with the Indian </strong></em>
<em><strong>Consulate as required under section 20(1) of the Act, can be registered now under section 29(2) of the Act? </strong></em>
<em><strong> If such births can be registered, whether section 13 continues to be applicable for cases when registration is sought </strong></em>
<em><strong>beyond 60 days of arrival in India? </strong></em>
<em><strong>Clarification : The answer is in affirmative for both the queries referred to. </strong></em>
<em><strong>97. Query : Prior to integration of Goa, Daman &#38; Diu; many persons of Goa origin had gone to the Portuguese colonies in </strong></em>
<em><strong>Africa such as Mozambique, Ongola, Mumbasa etc, for various purposes. Consequent upon their settlement in Portuguese </strong></em>
<em><strong>colonies in Africa they acquired citizenships of that country. Now it is seen that many such persons are returning to India </strong></em>
<em><strong>with a view to settling permanently. On their return, they generally apply for Indian citizenship and request for registration</strong></em>
<em><strong>of births of their children either before or after acquisition of Indian citizenship. </strong></em>
<em><strong> Since the births of the children of all such African repatriates are registered with the authorities in the Portuguese </strong></em>
<em><strong>colonies it may be clarified whether registration of births of their children can be done in Goa, after they change the </strong></em>
<em><strong>nationality of their children. </strong></em>
<em><strong>Clarification: The births already occurred and registered abroad with nationality other than Indian cannot be re-registered </strong></em>
<em><strong>under section 20(2) of the 1969 Act. In such cases, birth certificates issued by the foreign Governments should serve all </strong></em>
<em><strong>purposes in our country. </strong></em>
<em><strong>98. Query : As per section 20(2), the birth of a child to Indian citizen, outside, Indian which has not been registered at </strong></em>
<em><strong>Indian Consulates, can be registered in India if the parents of the child return to settle permanently in India. However, </strong></em>
<em><strong>there are cases where the births were registered in the registration offices of the foreign countries where the parents were </strong></em>
<em><strong>residing at the time of birth of the child concerned and not at the Indian Consulates of the said countries as provided under </strong></em>
<em><strong>section 20(1). Birth certificates issued by such foreign registration authorities are also produced by the parents. Can these</strong></em>
<em><strong>certificates be considered legally valid for the purpose of sub-section 2 of section 17 of the RBD Act, 1969? </strong></em>
<em><strong>Clarification : Section 20 deals with special provisions as to registration of births and deaths of citizens outside India. </strong></em>
<em><strong>Sub-section (1) provides that births and deaths of Indian citizens outside India registered at the Indian Consulates under the </strong></em>
<em><strong>rules made under citizenship Act 1955 would deem to have been made under this Act and the information so received </strong></em>
<em><strong>under these rules shall cause to be registered by the Registrar General. Where the births and deaths have not been so </strong></em>
<em><strong>registered, no such information may be received by the Registrar General, as provided in sub-section (1). For that purpose, </strong></em>
<em><strong>the procedure laid down in sub-section(2) would have to follow and if the parents of the child return to India with a view to </strong></em>
<em><strong>settling therein, they may, at any time within 60 days from the date of the arrival of the child in India, get the birth of the</strong></em>
<em><strong>child registered under this Act in the same manner as if the child was born in India. Registration of the birth of Indian </strong></em>
<em><strong>citizen in the registration office of a foreign country where the parents were residing at the time of the birth of the child would not make the registration with the Registrar General under this Act automatic as the procedure is not provided under </strong></em>
<em><strong>the Act. However, under section 32 of this Act in the event of any difficulty arising in giving effect to the provisions of </strong></em>
<em><strong>this Act in any state, the state Government may, with the approval of the Central Government by order, make such </strong></em>
<em><strong>provisions or give such directions not inconsistent with the provisions of this Act as appears to the state Government to be </strong></em>
<em><strong>necessary or expedient for removing the difficulty. </strong></em>
<em><strong>99.Query: The wife of an Armed Forces Personnel gave birth to a child in a hospital in BanglaDesh while her husband </strong></em>
<em><strong>was posted in BanglaDesh. She has got the hospital documents to prove the occurrence of this birth. After coming back to </strong></em>
<em><strong>her native place in India, she has sent a request for the birth to be registered there. Could the birth be registered? </strong></em>
<em><strong>Clarification: As BanglaDesh has diplomatic relation with India, the birth in question should normally be registered with </strong></em>
<em><strong>Indian Embassy in that country according to the citizens (Registration at Indian Consulates) Rules, 1956 under the </strong></em>
<em><strong>Citizenship Act, 1955. In this particular case, the husband of the applicant was posted in BanglaDesh on temporary duty. </strong></em>
<em><strong>Therefore, the birth can as well be registered at the normal residence of the parent of the child i.e. her native place in India </strong></em>
<em><strong>under section 20(2) of the RBD Act, 1969. </strong></em>
<em><strong>100. Query: Section 20(2) of the Act permits registration of the birth of any child born outside India and not registered </strong></em>
<em><strong>with the Indian Consulate under section 20(1) when the parents of the child return to India with a view to settling therein. </strong></em>
<em><strong>However, no such provision exists in regard to the registration of a death occurring outside the country and not registered </strong></em>
<em><strong>under section 20(1). This causes a lot of difficulty to the relatives/heirs of the persons who die outside India. It may be </strong></em>
<em><strong>clarified whether on the same analogy as relevant to the registration of births, the deaths occurring outside India can also be</strong></em>
<em><strong>registered in India. If so, what is the time limit for such registration? </strong></em>
<em><strong>Clarification : Sub-section(2) of section 20 provides for the registration of birth of any child born outside India in respect </strong></em>
<em><strong>of whom information has not been received as provided in sub-section(1). If the parents of the child return to India with a </strong></em>
<em><strong>view to settling therein, they may at any time within sixty days from the date of the arrival of the child in India get the birth </strong></em>
<em><strong>of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 </strong></em>
<em><strong>shall apply to the birth of such child after the expiry of the period of sixty days aforesaid. The said sub-section does not </strong></em>
<em><strong>provide for registration of death occurring outside India on the same analogy. </strong></em>
<em><strong>SECTION 23:</strong></em>
<em><strong>101. Query: Every case of delayed registration attracts the penal provision of section 23(1) which can be got over with a </strong></em>
<em><strong>compounding fee under section 24 of the Act. If so,does it mean that all cases of delayed registration call for payment of </strong></em>
<em><strong>fine (or compounding fee there for) in addition to the late fee? However, section 13 of the Act does not make a specific </strong></em>
<em><strong>mention of the same. </strong></em>
<em><strong>Clarification: Section 23 provides that any person who fails without reasonable cause to give any information which is his </strong></em>
<em><strong>duty to give under provisions of the sections 8 and 9 shall be punishable with a fine which may extend to fifty rupees. It is </strong></em>
<em><strong>clear there from that any information given to the Registrar under section 13 would attract the penal provision of section 23 </strong></em>
<em><strong>in addition to the payment of late fee as prescribed by the rules made there under. Section 13 relates to delayed registration</strong></em>
<em><strong>of the events and provides for payment of late fee. The fee which is levied for compounding offences is to be charged </strong></em>
<em><strong>under section 24 which deals with the power to compound offences. The compounding fee is therefore additional to the </strong></em>
<em><strong>amount of late fee. </strong></em>
<em><strong>102. Query : One of the Registrars in a state has taken prosecution steps under section 23(1)(b) of the Act against two </strong></em>
<em><strong>persons. The judicial Magistrate who tired the above cases has fined the said persons. But the fine imposed on the above </strong></em>
<em><strong>cases was not remitted to the Panchayat fund for the reasons that nothing has been mentioned in RBD Act, 1969 regarding </strong></em>
<em><strong>the remittance of fine imposed in such cases. Is it necessary to make rules in this regard? </strong></em>
<em><strong>Clarification : A draft amendment of the rules to facilitate the remitting of fine imposed under section 23(1)(b) to the </strong></em>
<em><strong>concerned registration unit is necessary. </strong></em>
<em><strong>103. Query : For example, in urban areas, a person is required to furnish the birth information to the Registrar of Births </strong></em>
<em><strong>and Deaths in writing within 7 days from the date of occurrence. The Registrar has registered the event after 7 days of </strong></em>
<em><strong>receipt of the information from the party. As such the event has been registered within 14 days from the date of </strong></em>
<em><strong>occurrence. Whether the Registrar can be penalized? </strong></em>
<em><strong>Clarification: For any undue delay on the part of the Registrar, he becomes liable to penalty under section 23(2) of the </strong></em>
<em><strong>Act. 104. Query: (a) Can the Registrar launch prosecution against the defaulting Medical Officer in-charge (informant) for </strong></em>
<em><strong>failure to get the institutional events registered? (b) Can the events be registered during prosecution proceedings? (c) If </strong></em>
<em><strong>the Medical Officer requests the Chief Registrar to compound the offence before or after institution of the criminal </strong></em>
<em><strong>proceeding, then will he be charged a sum of money not exceeding fifty rupees for each offence or for all the offences </strong></em>
<em><strong>committed by him? (d) Can the events be registered if the offences for not reporting births and deaths are compounded? </strong></em>
<em><strong>(e) Is the Medical Officer required to pay the late registration fees along with the fines imposed under sections 23 or 24? (f)</strong></em>
<em><strong>Will the fines imposed by the laws courts or the late fees payable for delayed registration be borne by the defaulting </strong></em>
<em><strong>Medical Officer himself or by the institutions from the Government/ Local Body funds? </strong></em>
<em><strong>Clarification : (a) If the Medical Officer In-charge does not report an event in prescribed time limit, he becomes liable to </strong></em>
<em><strong>pay late fee and even penalty as provided under sections 13 and 23 of the Act. Prosecution if need be, can be done as </strong></em>
<em><strong>provided under section 25 by an official authorized by the Chief Registrar. </strong></em>
<em><strong>b) Irrespective of Prosecution proceedings the Medical Officer In-charge is duty bound to get the event registered as </strong></em>
<em><strong>per relevant provision of the Act, depending on the delay etc. </strong></em>
<em><strong>c) Compounding of an offence need not consider the number of events involved in an instance that came to notice. </strong></em>
<em><strong>d) Launching of prosecution or compounding of offences against a person does not hinder completing the process of </strong></em>
<em><strong>compulsory registration as per provision of section 13(4) of the Act. Action under section 13 will be without </strong></em>
<em><strong>prejudice to any action taken under sections 23 or 24 of the Act. </strong></em>
<em><strong>e) The person concerned is required to pay the late registration fees along with the penalty that may be imposed </strong></em>
<em><strong>under sections 23 or 24. </strong></em>
<em><strong>f) Fine will have to be borne by the concerned Medical Officer himself and not by the institution as he is specified to </strong></em>
<em><strong>be duty bound to report events occurring in the institution under section 8(1) (b) of the Act. </strong></em>
<em><strong>SECTION 23, 24 &#38;25</strong></em>
<em><strong>105. Query: Sections 23, 24 and 25 of the RBD Act, 1969 relate to penalties, power to compound offences and sanction </strong></em>
<em><strong>for prosecution. A question has arisen as to the details of the procedure and machinery for instituting prosecution for </strong></em>
<em><strong>offences referred to in section 23. Please advise. </strong></em>
<em><strong>Clarification : Section 23 of the RBD Act, 1969 indicates the offences and the penalties therefor. Sub-section (5) thereof </strong></em>
<em><strong>provides that not withstanding any thing contained in the Cr.P.C. an offence under that Act shall be tried summarily by a </strong></em>
<em><strong>Magistrate, Chapter XXXI of the Cr.P.C. 1973 contains the provisions for the summary trial of offences. Section 262 </strong></em>
<em><strong>provides that in trials under this chapter (Chapter XXXI) the procedure specified in the code for the trial of summons case </strong></em>
<em><strong>shall be followed except hereafter mentioned. Chapter XX contains provisions for the trail of summons cases by </strong></em>
<em><strong>Magistrates. In order to launch a prosecution under section 23 of the Act, a proper complaint will have to be filed by an </strong></em>
<em><strong>authorized officer before the Magistrate. Since the Chief Registrar of a state would be the chief executive authority in that </strong></em>
<em><strong>state for carrying into execution the provisions of this Act and the rules and orders made there under, the compliant should </strong></em>
<em><strong>be filed by a person duly authorized by him in that regard. The prosecution thereafter shall be conducted by the Assistant </strong></em>
<em><strong>Public Prosecutor under section 25 of the Code. The department should render full assistance to the Assistant Public </strong></em>
<em><strong>Prosecutor for the successful prosecution of the case. </strong></em>
<em><strong> Section 24 empowers any officer authorized by the Chief Registrar by a general or a special order subject to such </strong></em>
<em><strong>conditions as may be prescribed in the rules to compound a case either before or after the institution of criminal </strong></em>
<em><strong>proceedings under that Act. The rules made under this provision may provide for the conditions under which the various </strong></em>
<em><strong>category of cases may be compounded. In case the criminal proceeding have not been instituted, after the case has been </strong></em>
<em><strong>compounded, there would be no necessity to institute any criminal proceeding. However, in case the criminal proceeding </strong></em>
<em><strong>has already been instituted before a Magistrate after the case has been compounded under this section, the Magistrate will </strong></em>
<em><strong>be apprised of the position by way of an application made before him either by the concerned party or by the Chief </strong></em>
<em><strong>Registrar and thereafter the accused person shall be discharged and further criminal proceedings against him shall be </strong></em>
<em><strong>dropped by the Magistrate. </strong></em>
<em><strong> Section 25 stipulates that no prosecution for an offence punishable under this Act shall be instituted except by an </strong></em>
<em><strong>officer authorized by the Chief Registrar by general or special order in this behalf. The complaint should be filed by an </strong></em>
<em><strong>officer authorized by the Chief Registrar by a general or a special order. ANNEXURE – I</strong></em>
<em><strong>The Registration of </strong></em>
<em><strong>Births &#38; Deaths Act, 1969 </strong></em>
<em><strong>(Act No. 18 of 1969) </strong></em>
<em><strong>31</strong></em>
<em><strong>st</strong></em>
<em><strong> MAY 1969 THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969. </strong></em>
<em><strong> (Act No. 18 of 1969) </strong></em>
<em><strong> [31</strong></em>
<em><strong>st</strong></em>
<em><strong> May 1969] </strong></em>
<em><strong>An Act to provide for the regulation of registration of births and deaths and for matters connected </strong></em>
<em><strong>therewith. </strong></em>

<em><strong>Be it enacted by Parliament in the Twentieth Year of the Republic of India as follows:- </strong></em>

<em><strong> CHAPTER - I </strong></em>
<em><strong>PRELIMINARY </strong></em>
<em><strong>1. Short title, extent and commencement – (i) This Act </strong></em>
<em><strong>may be called the Registration of Births and Deaths </strong></em>
<em><strong>Act, 1969. </strong></em>
<em><strong>(ii) It extends to the whole of India. </strong></em>
<em><strong>(iii) It shall come into force in a State on such date 1 as </strong></em>
<em><strong>the Central Government may, by notification in the </strong></em>
<em><strong>Official Gazette, appoint: </strong></em>

<em><strong>Provided that different dates may be appointed for </strong></em>
<em><strong>different parts of a State. </strong></em>
<em><strong>2. Definitions and interpretation – </strong></em>
<em><strong>(I) In this Act, unless the context otherwise requires, </strong></em>
<em><strong>- </strong></em>
<em><strong>(a) “birth” means live-birth or still-birth; </strong></em>

<em><strong>(b) “death” means the permanent disappearance of </strong></em>
<em><strong>all evidence of life at any time after live-birth </strong></em>
<em><strong>has taken place; </strong></em>

<em><strong>(c) “foetal death” means absence of all evidence of </strong></em>
<em><strong>life prior to the complete expulsion or </strong></em>
<em><strong>extraction from its mother of a product of </strong></em>
<em><strong>conception irrespective of the duration of </strong></em>
<em><strong>pregnancy; </strong></em>
<em><strong>(d) “live-birth” means the complete expulsion or </strong></em>
<em><strong>extraction from its mother of a product of </strong></em>
<em><strong>conception, irrespective of the duration of </strong></em>
<em><strong>pregnancy, which, after such expulsion or </strong></em>
<em><strong>extraction, breathes or shows any other </strong></em>
<em><strong>evidence of life, and each product of such birth </strong></em>
<em><strong>is considered live-born; </strong></em>
<em><strong>(e) “prescribed” means prescribed by rules made </strong></em>
<em><strong>under this Act; </strong></em>

<em><strong> (f) “State Government” in relation to a Union </strong></em>
<em><strong>territory, means the Administrator thereof; </strong></em>

<em><strong>(g) “Still-birth” means foetal death where a product </strong></em>
<em><strong>of conception has attained at least the </strong></em>
<em><strong>prescribed period of gestation. </strong></em>

<em><strong>(2) Any reference in this Act to any law which is not </strong></em>
<em><strong>in force in any area shall, in relation to that area, be </strong></em>
<em><strong>construed as a reference to the corresponding law, if </strong></em>
<em><strong>any, in force in that area. </strong></em>

<em><strong>CHAPTER II </strong></em>
<em><strong>REGISTRATION-ESTABLISHMENT </strong></em>

<em><strong>3. Registrar-General, India- (1) The Central </strong></em>
<em><strong>Government may, by notification in the </strong></em>
<em><strong>Official Gazette, appoint a person to be </strong></em>
<em><strong>known as the Registrar-General, India. </strong></em>

<em><strong>(2) The Central Government may also appoint </strong></em>
<em><strong>such other officers with such designations as it </strong></em>
<em><strong>thinks fit for the purpose of discharging, under the </strong></em>
<em><strong>superintendence and direction of the RegistrarGeneral, such functions of the Registrar-General </strong></em>
<em><strong>under this Act as he may, from time to time, </strong></em>
<em><strong>authorize them to discharge. </strong></em>

<em><strong>(3) The Registrar-General may issue general </strong></em>
<em><strong>directions regarding registration of births and </strong></em>
<em><strong>deaths in the territories to which this Act extends, </strong></em>
<em><strong>and shall take steps to co-ordinate and unify the </strong></em>
<em><strong>activities of Chief Registrars in the matter of </strong></em>
<em><strong>registration of births and deaths and submit to the </strong></em>
<em><strong>Central Government an annual report on the </strong></em>
<em><strong>working of this act in the said territories. </strong></em>

<em><strong>4. Chief Registrar – (1) The State Government </strong></em>
<em><strong>may, by notification in the Official Gazette, </strong></em>
<em><strong>appoint a Chief Registrar for the State. </strong></em>
<em><strong>(2) The State Government may also appoint such </strong></em>
<em><strong>other officers with such designations as it thinks </strong></em>
<em><strong>fit for the purpose of discharging, under the </strong></em>
<em><strong>superintendence and direction of the Chief </strong></em>
<em><strong>Registrar, such of his functions as he may, from </strong></em>
<em><strong>time to time, authorize them to discharge. </strong></em>
<em><strong>(3) The Chief Registrar shall be the chief </strong></em>
<em><strong>executive authority in the State for carrying into </strong></em>
<em><strong>execution the provisions of this Act and the rules </strong></em>
<em><strong>and orders made there under subject to the </strong></em>
<em><strong>directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of </strong></em>
<em><strong>suitable instructions or otherwise, to co-ordinate, unify </strong></em>
<em><strong>and supervise the work of registration in the State for </strong></em>
<em><strong>securing an efficient system of registration and shall </strong></em>
<em><strong>prepare and submit to the State Government, in such </strong></em>
<em><strong>manner and at such intervals as may be prescribed, a </strong></em>
<em><strong>report on the working of this act in the State along with </strong></em>
<em><strong>the statistical report referred to in sub-section (2) of </strong></em>
<em><strong>section 19. </strong></em>

<em><strong>5. Registration divisions – The State Government may, by </strong></em>
<em><strong>notification in the Official Gazette, divide the territory </strong></em>
<em><strong>within the State into such registration division as it may </strong></em>
<em><strong>think fit and prescribe different rules for different </strong></em>
<em><strong>registration divisions. </strong></em>

<em><strong>6. District Registrar – (1) The State Government may </strong></em>
<em><strong>appoint a District Registrar for each revenue district and </strong></em>
<em><strong>such number of Additional District Registrars as it thinks </strong></em>
<em><strong>fit who shall, subject to the general control and direction </strong></em>
<em><strong>of the District Registrar, discharge such functions of the </strong></em>
<em><strong>District Registrar as the District Registrar may, from </strong></em>
<em><strong>time to time, authorize them to discharge. </strong></em>

<em><strong>(2) The District Registrar shall superintend, subject to the </strong></em>
<em><strong>direction of the chief Registrar, the Registration of </strong></em>
<em><strong>births and deaths in the district and shall be responsible </strong></em>
<em><strong>for carring into execution in the district the provisions </strong></em>
<em><strong>of this Act and the orders of the Chief Registrar issued </strong></em>
<em><strong>from time to time for the purposes of this Act. </strong></em>

<em><strong>7. Registrars – (1) The State Government may appoint a </strong></em>
<em><strong>Registrar for each local area comprising the area within </strong></em>
<em><strong>the jurisdiction of a municipality, panchayat or other </strong></em>
<em><strong>local authority or any other area or a combination of any </strong></em>
<em><strong>two or more of them. </strong></em>

<em><strong> Provided that the State Government may appoint in </strong></em>
<em><strong>the case of a municipality, panchayat or other local </strong></em>
<em><strong>authority, any officer or other employee thereof as a </strong></em>
<em><strong>Registrar. </strong></em>

<em><strong>(2) Every Registrar shall, without fee or reward, enter </strong></em>
<em><strong>in the register maintained for the purpose all </strong></em>
<em><strong>information given to him under section 8 or section 9 </strong></em>
<em><strong>and shall also take steps to inform himself carefully of </strong></em>
<em><strong>every birth and of every death which takes place in his </strong></em>
<em><strong>jurisdiction and to ascertain and register the particulars </strong></em>
<em><strong>required to be registered. </strong></em>
<em><strong> (3) Every Registrar shall have an office in the local </strong></em>
<em><strong> area for which he is appointed. </strong></em>
<em><strong> (4) Every Registrar shall attend his office for the </strong></em>
<em><strong>purpose of registering births and deaths on such </strong></em>
<em><strong>days and at such hours as the Chief Registrar may </strong></em>
<em><strong>direct and shall cause to be placed in some </strong></em>
<em><strong>conspicuous place on or near the outer door of the </strong></em>
<em><strong>office of the Registrar a board bearing in the local </strong></em>
<em><strong>language, his name with the addition of Registrar </strong></em>
<em><strong>of Births and Deaths for the local area for which </strong></em>
<em><strong>he is appointed and the days and hours of his </strong></em>
<em><strong>attendance. </strong></em>

<em><strong>(5) The Registrar may, with the prior approval of the </strong></em>
<em><strong>Chief Registrar, appoint Sub-Registrars and </strong></em>
<em><strong>assign to them any or all of his power and duties </strong></em>
<em><strong>in relation to specified areas within his </strong></em>
<em><strong>jurisdiction. </strong></em>

<em><strong>CHAPTER III </strong></em>
<em><strong>REGISTRATION OF BIRTHS AND DEATHS </strong></em>

<em><strong>8. Persons required to register births and deaths</strong></em>
<em><strong>– (1) It shall be the duty of the persons specified </strong></em>
<em><strong>below to give or cause to be given, either orally </strong></em>
<em><strong>or in writing, according to the best of their </strong></em>
<em><strong>knowledge and belief, within such time as may </strong></em>
<em><strong>be prescribed, information to the Registrar of the </strong></em>
<em><strong>several particulars required to be entered in the </strong></em>
<em><strong>forms prescribed by the State Government under </strong></em>
<em><strong>sub-section (1) of section 16, - </strong></em>

<em><strong>(a) in respect of births and deaths in a house, </strong></em>
<em><strong>whether residential or nor-residential, not being </strong></em>
<em><strong>any place referred to in clauses (b) to (e), the </strong></em>
<em><strong>head of the house or, in case more than one </strong></em>
<em><strong>household live in the house, the head of the </strong></em>
<em><strong>household, the head being the person, who is so </strong></em>
<em><strong>recognized by the house or the household, and if </strong></em>
<em><strong>he is not present in the house at any time during </strong></em>
<em><strong>the period within which the birth or death has to </strong></em>
<em><strong>be reported, the nearest relative of the head </strong></em>
<em><strong>present in the house, and in the absence of any </strong></em>
<em><strong>such person, the oldest adult male person present </strong></em>
<em><strong>therein during the said period; </strong></em>
<em><strong>(b) in respect of births and deaths in a hospital, </strong></em>
<em><strong>health centre, maternity or nursing home or other </strong></em>
<em><strong>like institution, the medical officer in charge or </strong></em>
<em><strong>any person authorized by him in this behalf; </strong></em>
<em><strong>(c) in respect of births and deaths in a jail, the jailor </strong></em>
<em><strong>in charge; </strong></em>
<em><strong>(d) in respect of births and deaths in choultry, </strong></em>
<em><strong>chattram, hostel, dharmasala, boarding-house, </strong></em>
<em><strong>lodging-house, tavern, barrack, toddy shop or </strong></em>
<em><strong>place of public resort the person in charge </strong></em>
<em><strong>thereof; </strong></em>
<em><strong>(e) in respect of any new-born child or dead body </strong></em>
<em><strong>found deserted in a public place, the head-man or </strong></em>
<em><strong>other corresponding officer of the village in the </strong></em>
<em><strong>case of a village and the officer in charge of the </strong></em>
<em><strong>local police station elsewhere: </strong></em>
<em><strong> Provided that any person who finds such child or </strong></em>
<em><strong>dead body, or in whose charge such child or dead body may </strong></em>
<em><strong>be placed, shall notify such fact to the headman or officer </strong></em>
<em><strong>aforesaid; </strong></em>
<em><strong>(f) in any other place, such person as may be </strong></em>
<em><strong>prescribed. </strong></em>
<em><strong>2) Notwithstanding anything contained in sub-section </strong></em>
<em><strong>(1), the State Government, having regard to the conditions </strong></em>
<em><strong>obtaining in a registration division, may by order require </strong></em>
<em><strong>that for such period as may by specified in the order, any </strong></em>
<em><strong>person specified by the State Government by designation in </strong></em>
<em><strong>this behalf, shall give or cause to be given information </strong></em>
<em><strong>regarding births and deaths in a house referred to in clause </strong></em>
<em><strong>(a) of sub-section (1) instead of the persons specified in that </strong></em>
<em><strong>clause.</strong></em>

<em><strong>9. Special provision regarding births and deaths in a </strong></em>
<em><strong>plantation – In the case of births and deaths in a </strong></em>
<em><strong>plantation, the superintendent of the plantation shall give </strong></em>
<em><strong>or cause to be given to the Registrar the information </strong></em>
<em><strong>referred to in section 8: </strong></em>
<em><strong> Provided that the persons referred to in clauses (a) to (f) </strong></em>
<em><strong>of sub-section (1) of section 8 shall furnish the necessary </strong></em>
<em><strong>particulars to the superintendent of the plantation. </strong></em>

<em><strong>Explanation – In the section, the expression “plantation” </strong></em>
<em><strong>means any land not less than four hectares in extent </strong></em>
<em><strong>which is being prepared for the production of, of actually </strong></em>
<em><strong>produces, tea, coffee, paper, rubber, cardamom, cinchona </strong></em>
<em><strong>or such other products as the State Government may, by </strong></em>
<em><strong>notification in the Official Gazette, specify and the </strong></em>
<em><strong>expression “Superintendent of the plantation” means the </strong></em>
<em><strong>person having the charge or supervision of the labourers </strong></em>
<em><strong>and work in the plantation, whether called a manager, </strong></em>
<em><strong>superintendent or by any other name. </strong></em>
<em><strong>10. Duty of certain persons to notify births and deaths and </strong></em>
<em><strong>to certify cause of death – (1) It shall be the duty of – </strong></em>
<em><strong>(i) the midwife or any other medical or health </strong></em>
<em><strong>attendant at a birth or death, </strong></em>
<em><strong>(ii) the keeper or the owner of a place set apart for the </strong></em>
<em><strong>disposal of dead bodies or any person required by a </strong></em>
<em><strong>local authority to be present at such place, or </strong></em>
<em><strong>(iii) any other person whom the State Government may </strong></em>
<em><strong>specify in this behalf by his designation, to notify every </strong></em>
<em><strong>birth or deaths or both at which he or she attended or </strong></em>
<em><strong>was present, or which occurred in such areas as may be </strong></em>
<em><strong>prescribed, to the Registrar within such time and in </strong></em>
<em><strong>such manner as may be prescribed. </strong></em>
<em><strong>2) In any area, the State Government, having regard to the </strong></em>
<em><strong>facilities available therein in this behalf, may require </strong></em>
<em><strong>that a certificate as to the cause of death shall be </strong></em>
<em><strong>obtained by the Registrar from such person and in such </strong></em>
<em><strong>form as may be prescribed. </strong></em>

<em><strong>(3) Where the State Government has required under </strong></em>
<em><strong>sub-section (2) that a certificate as to the cause of </strong></em>
<em><strong>deaths shall be obtained, in the event of the death </strong></em>
<em><strong>of any person who, during his last illness, was </strong></em>
<em><strong>attended by a medical practitioner, the medical </strong></em>
<em><strong>practitioner shall, after the death of that person, </strong></em>
<em><strong>forthwith, issue without charging any fee, to the </strong></em>
<em><strong>person required under this Act to give information </strong></em>
<em><strong>concerning the death, a certificate in the </strong></em>
<em><strong>prescribed form stating to the best of his </strong></em>
<em><strong>knowledge and belief the cause of death; and the </strong></em>
<em><strong>certificate shall be received and delivered by such </strong></em>
<em><strong>person to the Registrar at the time of giving </strong></em>
<em><strong>information concerning the death as required by </strong></em>
<em><strong>this Act. </strong></em>

<em><strong>11. Informant to sign the register – Every person </strong></em>
<em><strong>who has orally given to the Registrar any </strong></em>
<em><strong>information required under this Act shall write in </strong></em>
<em><strong>the register maintained in this behalf, his name, </strong></em>
<em><strong>description and place of abode, and, if he cannot </strong></em>
<em><strong>write, shall put his thumb mark in the register </strong></em>
<em><strong>against his name, description and place of abode, </strong></em>
<em><strong>the particulars being in such a case entered by the </strong></em>
<em><strong>Registrar.</strong></em>

<em><strong>12. Extracts of registration entries to be given to </strong></em>
<em><strong>informant – The Registrar shall, as soon as the </strong></em>
<em><strong>registration of a birth or death has been </strong></em>
<em><strong>completed, give, free of charge, to the person </strong></em>
<em><strong>who gives information under section 8 or section </strong></em>
<em><strong>9 an extract of the prescribed particulars under </strong></em>
<em><strong>his hand from the register relating to such birth </strong></em>
<em><strong>or death. </strong></em>

<em><strong>13. Delayed registration of births and deaths – (1) </strong></em>
<em><strong>Any birth or death of which information is given </strong></em>
<em><strong>to the Registrar after the expiry of the period </strong></em>
<em><strong>specified therefore, but within thirty days of its </strong></em>
<em><strong>occurrence, shall be registered on payment of </strong></em>
<em><strong>such late fee as may be prescribed. </strong></em>
<em><strong>(2) Any birth or death of which delayed </strong></em>
<em><strong>information is given to the Registrar after thirty </strong></em>
<em><strong>days but within one year of its occurrence shall be </strong></em>
<em><strong>registered only with the written permission of the </strong></em>
<em><strong>prescribed authority and on payment of the </strong></em>
<em><strong>prescribed fee and the production of an affidavit </strong></em>
<em><strong>made before a notary public or nay other officer </strong></em>
<em><strong>authorized in this behalf by the State Government. </strong></em>

<em><strong>(3) Any birth or death, which has not been </strong></em>
<em><strong>registered within one year of its occurrence, shall </strong></em>
<em><strong>be registered only on an order made by a </strong></em>
<em><strong>Magistrate of the first class or a Presidency </strong></em>
<em><strong>Magistrate after verifying the correctness of the </strong></em>
<em><strong>birth or death and on payment of the prescribed </strong></em>
<em><strong>fee. </strong></em>
<em><strong> (4) The provisions of this section shall be without </strong></em>
<em><strong>prejudice to any action that may be taken against a </strong></em>
<em><strong>person for failure on his part to register any birth or </strong></em>
<em><strong>death within the time specified therefore and any such </strong></em>
<em><strong>birth or death may be registered during the pendency of </strong></em>
<em><strong>any such action. </strong></em>

<em><strong>14. Registration of name of child – Where the birth </strong></em>
<em><strong>of any child has been registered without a name, </strong></em>
<em><strong>the parent or guardian of such child shall within </strong></em>
<em><strong>the prescribed period give information regarding </strong></em>
<em><strong>the name of the child to the registrar either orally </strong></em>
<em><strong>or in writing and thereupon the Registrar shall </strong></em>
<em><strong>enter such name in the register and initial and date </strong></em>
<em><strong>the entry. </strong></em>

<em><strong>15. Correction or cancellation of entry in the register </strong></em>
<em><strong>of births and deaths – If it is proved to the </strong></em>
<em><strong>satisfaction of the Registrar that any entry of a </strong></em>
<em><strong>birth or death in any register kept by him under this </strong></em>
<em><strong>Act is erroneous in form or substance, or has been </strong></em>
<em><strong>fraudulently or improperly made, he may, subject </strong></em>
<em><strong>to such rules as may be made by the State </strong></em>
<em><strong>Government with respect to the conditions on </strong></em>
<em><strong>which and the circumstances in which such entries </strong></em>
<em><strong>may be corrected or cancelled, correct the error or </strong></em>
<em><strong>cancel the entry by suitable entry in the margin, </strong></em>
<em><strong>without any alteration of the original entry, and </strong></em>
<em><strong>shall sign the marginal entry and add thereto the </strong></em>
<em><strong>date of the correction or cancellation. </strong></em>
<em><strong> CHAPTER IV </strong></em>
<em><strong>MAINTENANCE OF RECORDS AND STATISTICS </strong></em>

<em><strong>16. Registrars to keep registers in the prescribed form</strong></em>
<em><strong>– (1) Every Registrar shall keep in the prescribed form </strong></em>
<em><strong>a register of births and deaths for the registration area </strong></em>
<em><strong>or any part thereof in relation to which he exercises </strong></em>
<em><strong>jurisdiction. </strong></em>

<em><strong>(2) The Chief Registrar shall cause to be printed and </strong></em>
<em><strong>supplied a sufficient number of register books for </strong></em>
<em><strong>making entries of births and deaths according to such </strong></em>
<em><strong>forms and instructions as may, from time to time, be </strong></em>
<em><strong>prescribed; and a copy of such forms in the local </strong></em>
<em><strong>language shall be posted in some conspicuous place on </strong></em>
<em><strong>or near the outer door of the office of every Registrar. </strong></em>

<em><strong>17. Search of births and deaths register – (1) Subject </strong></em>
<em><strong>to any rules made in this behalf by the Sate </strong></em>
<em><strong>Government, including rules relating to the </strong></em>
<em><strong>payment of fees and postal charges, any person </strong></em>
<em><strong>may – </strong></em>
<em><strong>a) cause a search to be made by the Registrar for </strong></em>
<em><strong>any entry in a register of births and deaths; </strong></em>
<em><strong>and </strong></em>
<em><strong>b) obtain an extract from such register relating </strong></em>
<em><strong>to any birth or death; </strong></em>
<em><strong> Provided that no extract relating to any death, </strong></em>
<em><strong>issued to any person, shall disclose the particulars </strong></em>
<em><strong>regarding the cause of death as entered in the </strong></em>
<em><strong>register. </strong></em>
<em><strong>(2) All extracts given under this section shall be </strong></em>
<em><strong>certified by the Registrar or any other officer </strong></em>
<em><strong>authorized by the State Government to give </strong></em>
<em><strong>such extracts as provided in section 76 of the </strong></em>
<em><strong>Indian Evidence Act, 1872 (1 of 1872), and </strong></em>
<em><strong>shall be admissible in evidence for the </strong></em>
<em><strong>purpose of proving the birth or death to </strong></em>
<em><strong>which the entry relates. </strong></em>

<em><strong>18. Inspection of registration offices – The </strong></em>
<em><strong>registration offices shall be inspected and the </strong></em>
<em><strong>registers kept therein shall be examined in </strong></em>
<em><strong>such manner and by such authority as may be </strong></em>
<em><strong>specified by the District Registrar. </strong></em>

<em><strong>19. Registrars to send periodical returns to the </strong></em>
<em><strong>Chief Registrar for compilation – (1) Every </strong></em>
<em><strong>Registrar shall send to the chief Registrar or </strong></em>
<em><strong>to any officer specified by him, at such </strong></em>
<em><strong>intervals and in such form as may be </strong></em>
<em><strong>prescribed, a return regarding the entries of </strong></em>
<em><strong>births and deaths in the register kept by such </strong></em>
<em><strong>Registrar. </strong></em>

<em><strong>(2) The Chief Registrar shall cause the </strong></em>
<em><strong>information in the returns furnished by the </strong></em>
<em><strong>Registrars to be compiled and shall publish </strong></em>
<em><strong>for the information of the public a statistical </strong></em>
<em><strong>report on the registered births and deaths </strong></em>
<em><strong>during the yea at such intervals and in such </strong></em>
<em><strong>form as may be prescribed. </strong></em>
<em><strong> CHAPTER V </strong></em>
<em><strong> MISCELLANEOUS </strong></em>

<em><strong>20. Special provision as to registration of births and </strong></em>
<em><strong>deaths, of citizen outside India – (1) The </strong></em>
<em><strong>Registrar – General shall, subject to such rules as </strong></em>
<em><strong>may be made by the Central Government in this </strong></em>
<em><strong>behalf, cause to be registered information as to </strong></em>
<em><strong>births and deaths of citizen of India outside India </strong></em>
<em><strong>received by him under the rules relating to the </strong></em>
<em><strong>registration of such citizens at Indian Consulates </strong></em>
<em><strong>made under the Citizenship Act, 1955 (57 of </strong></em>
<em><strong>1955), and every such registration shall also be </strong></em>
<em><strong>deemed to have been duly made under this Act. </strong></em>

<em><strong>(2) In the case of any child born outside India in respect </strong></em>
<em><strong>of whom information has not been received as </strong></em>
<em><strong>provided in sub-section (1), if the parents of the </strong></em>
<em><strong>child return to India with a view to settling therein, </strong></em>
<em><strong>they may, at any time within sixty days from the </strong></em>
<em><strong>date of the arrival of the child in India, get the birth </strong></em>
<em><strong>of the child registered under this Act in the same </strong></em>
<em><strong>manner as if the child was born in India and the </strong></em>
<em><strong>provisions of section 13 shall apply to the birth of </strong></em>
<em><strong>such child after the expiry of the period of sixty </strong></em>
<em><strong>days aforesaid. </strong></em>

<em><strong>21. Power of Registrar to obtain information </strong></em>
<em><strong>regarding birth or death – The Registrar may </strong></em>
<em><strong>either orally or in writing required any person to </strong></em>
<em><strong>furnish any information within his knowledge in </strong></em>
<em><strong>connection with a birth or death in the locality </strong></em>
<em><strong>within which such person resides and that person </strong></em>
<em><strong>shall be bound to comply with such requisition. </strong></em>
<em><strong>22. Power to give directions – The Central </strong></em>
<em><strong>Government may give such directions to any State </strong></em>
<em><strong>Government as may appear to be necessary for </strong></em>
<em><strong>carrying into execution in the State any of the </strong></em>
<em><strong>provisions of this Act or of any rule or order made </strong></em>
<em><strong>hereunder. </strong></em>

<em><strong>23. Penalties – (1) Any person who – </strong></em>
<em><strong>(a) fails without reasonable caused to give </strong></em>
<em><strong>any information which it is his duty to </strong></em>
<em><strong>give under any of the provisions of </strong></em>
<em><strong>sections 8 and 9; or </strong></em>
<em><strong>(b) give or causes to be given, for the </strong></em>
<em><strong>purpose of being inserted in any register </strong></em>
<em><strong>of births and deaths, any information </strong></em>
<em><strong>which he knows or believes to be false </strong></em>
<em><strong>regarding any of the particulars required </strong></em>
<em><strong>to be known and registered; or </strong></em>
<em><strong>(c) refuses to write his name, description and </strong></em>
<em><strong>place of abode or to put his thumb mark </strong></em>
<em><strong>in the register as required by section 11, </strong></em>
<em><strong>shall be punishable with fine which may </strong></em>
<em><strong>extend to fifty rupees. </strong></em>
<em><strong>(2) Any Registrar or Sub-Registrar who neglects or </strong></em>
<em><strong>refuses, without reasonable cause, to register </strong></em>
<em><strong>any birth or death occurring in his jurisdiction </strong></em>
<em><strong>or to submit any returns as required by subsection (1) of section 19 shall be punishable </strong></em>
<em><strong>with fine which may extend to fifty rupees. </strong></em>

<em><strong> (3) Any medical practitioner who neglects or </strong></em>
<em><strong>refuses to issue a certificate under sub-section </strong></em>
<em><strong>(3) of section 10 and any person who neglects </strong></em>
<em><strong>or refuses to deliver such certificate shall be </strong></em>
<em><strong>punishable with fine, which may extend to </strong></em>
<em><strong>fifty rupees. </strong></em>
<em><strong>(4) Any person who, without reasonable cause, </strong></em>
<em><strong>contravenes any provision of this Act for the </strong></em>
<em><strong>contravention of which no penalty is provided </strong></em>
<em><strong>for in this section shall be punishable with </strong></em>
<em><strong>fine, which may extend to ten rupees. </strong></em>
<em><strong>(5) Notwithstanding anything contained in the </strong></em>
<em><strong>Code of Criminal Procedure. 1898 (5 of 1898), </strong></em>
<em><strong>an offence under this section shall be tried </strong></em>
<em><strong>summarily by a Magistrate.</strong></em>
<em><strong>24. Power of compound offences – (1) Subject </strong></em>
<em><strong>to such conditions as may be prescribed, any </strong></em>
<em><strong>officer authorized by the Chief Registrar by a </strong></em>
<em><strong>general or special order in this behalf may, </strong></em>
<em><strong>either before or after the institution of </strong></em>
<em><strong>criminal proceedings under this Act, accept </strong></em>
<em><strong>from the person who has committed or is </strong></em>
<em><strong>reasonably suspected of having committed an </strong></em>
<em><strong>offence under this Act, by way of </strong></em>
<em><strong>composition of such offence a sum of money </strong></em>
<em><strong>not exceeding fifty rupees. </strong></em>

<em><strong>(2) On the payment of such sum of money, such </strong></em>
<em><strong>person shall be discharged and no further </strong></em>
<em><strong>proceedings shall be taken against him in </strong></em>
<em><strong>respect of such offence. </strong></em>

<em><strong>25. Sanction for prosecution – No prosecution </strong></em>
<em><strong>for an offence punishable under this Act shall </strong></em>
<em><strong>be instituted except by an officer authorized </strong></em>
<em><strong>by the chief Registrar by general or special </strong></em>
<em><strong>order in this behalf. </strong></em>

<em><strong>26. Registrars and Sub-Registrars to be </strong></em>
<em><strong>deemed public servants – All Registrars </strong></em>
<em><strong>shall. While acting or purporting to act in </strong></em>
<em><strong>pursuance of the provisions of this Act or any </strong></em>
<em><strong>rule or order made thereunder be deemed to </strong></em>
<em><strong>be public servants within the meaning of </strong></em>
<em><strong>section 21 of the Indian Penal code (45 of </strong></em>
<em><strong>1860). </strong></em>
<em><strong> 27. Delegation of Powers – The State Government </strong></em>
<em><strong>may, by notification in the Official Gazette, direct </strong></em>
<em><strong>that any power exercisable by it under this Act </strong></em>
<em><strong>(except the power to make rules under section 30) </strong></em>
<em><strong>or the rules made thereunder shall, subject to such </strong></em>
<em><strong>conditions, if any, as may be specified in the </strong></em>
<em><strong>direction, be exercisable also by such Officer or </strong></em>
<em><strong>authority subordinate to the State Government as </strong></em>
<em><strong>may be specified in the direction. </strong></em>

<em><strong>28. Protection of action taken in good faith – (1) No </strong></em>
<em><strong>suit, prosecution or other legal proceeding shall lie </strong></em>
<em><strong>against the Government, the Registrar – General, </strong></em>
<em><strong>any Registrar, or any person exercising any power </strong></em>
<em><strong>or performing any duty under this Act for anything </strong></em>
<em><strong>which is in good faith done or intended to be done </strong></em>
<em><strong>in pursuance of this Act or any rule or order made </strong></em>
<em><strong>there under. </strong></em>

<em><strong>29. Act not to be in derogation of Act 6 of 1886 – </strong></em>
<em><strong>Nothing in this Act shall be construed to be in </strong></em>
<em><strong>derogation of the provisions of the Birth, Deaths </strong></em>
<em><strong>and Marriages Registration Act. 1886. </strong></em>

<em><strong>30. Power to make rules – (1) The State Government </strong></em>
<em><strong>may, with the approval of the Central Government, </strong></em>
<em><strong>by notification in the Official Gazette, make rules </strong></em>
<em><strong>to carry out the purposes of this Act. </strong></em><em><strong>(2) In particular, and without prejudice to the generality </strong></em>
<em><strong>of the foregoing provision, such rules may provide for- </strong></em>
<em><strong> (a) The forms of registers of births and deaths </strong></em>
<em><strong>required to be kept under this Act; </strong></em>
<em><strong>(b) The period within which and the form and the </strong></em>
<em><strong>manner in which information should be given to the </strong></em>
<em><strong>Registrar under section 8; </strong></em>
<em><strong>(c) The period within which and the manner in which </strong></em>
<em><strong>births and deaths shall be notified under sub-section (1) </strong></em>
<em><strong>of section 10; </strong></em>
<em><strong>(d) The person from whom and the form in which a </strong></em>
<em><strong>certificate as to cause of death shall be obtained; </strong></em>
<em><strong>(e) The particulars of which extract may be given </strong></em>
<em><strong>under section 12; </strong></em>
<em><strong>(f) The authority which may grant permission for </strong></em>
<em><strong>registration of a birth or death under sub-section (2) of </strong></em>
<em><strong>section 13; </strong></em>
<em><strong>(g) the fees payable for registration made under </strong></em>
<em><strong>section 13; </strong></em>
<em><strong>(h) The submission of reports by the Chief Registrar </strong></em>
<em><strong>under sub-section (4) of section 4; </strong></em>
<em><strong>(i) The search of birth and death registers and </strong></em>
<em><strong>the fees payable for such search and for </strong></em>
<em><strong>the grant of extracts from the registers; </strong></em>
<em><strong>(j) The forms in which and the intervals at </strong></em>
<em><strong>which the returns and the statistical report </strong></em>
<em><strong>under section 19 shall be furnished and </strong></em>
<em><strong>published </strong></em>
<em><strong>(k) The custody, production and transfer of the </strong></em>
<em><strong>registers and other records kept by </strong></em>
<em><strong>Registrars; </strong></em>
<em><strong>(l) The correction of errors and the </strong></em>
<em><strong>cancellation of entries in the register of </strong></em>
<em><strong>births and deaths; </strong></em>
<em><strong>(m) Any other matter which has to be, or may be, </strong></em>
<em><strong>prescribed. </strong></em>
<em><strong>[(3) Every rule made under this Act shall be laid, as </strong></em>
<em><strong>soon as may be after it is made, before the State </strong></em>
<em><strong>Legislature.] </strong></em>
<em><strong>31. Repeal and saving – (1) Subject to the provisions </strong></em>
<em><strong>of section 29, as from the coming into force of this </strong></em>
<em><strong>Act in any State or part thereof, so such of any law </strong></em>
<em><strong>in force therein as relates to the matters covered </strong></em>
<em><strong>by this Act shall stand repealed in such State or </strong></em>
<em><strong>part, as the case may be. </strong></em><em><strong> (2) Notwithstanding such repeal, anything done </strong></em>
<em><strong>or any action taken (including any instruction or </strong></em>
<em><strong>direction issued, any regulation or rule or order </strong></em>
<em><strong>made) under any such law shall, in so far as such </strong></em>
<em><strong>thing or action is not inconsistent with the </strong></em>
<em><strong>provisions of this Act, be deemed to have been </strong></em>
<em><strong>done or taken under the provisions aforesaid, as if </strong></em>
<em><strong>they were in force when such thing was done or </strong></em>
<em><strong>such action was taken, and shall continue in force </strong></em>
<em><strong>accordingly until superseded by anything done or </strong></em>
<em><strong>any action taken under this Act. </strong></em><em><strong>32. Power to remove difficulty- If any difficulty </strong></em>
<em><strong>arises in giving effect in a State to the provisions </strong></em>
<em><strong>of this Act in their application to any area, the </strong></em>
<em><strong>State Government may, with the approval of the </strong></em>
<em><strong>Central Government, by order make such </strong></em>
<em><strong>provisions or give such directions not inconsistent </strong></em>
<em><strong>with the provisions of this Act as appears to the </strong></em>
<em><strong>State Government to be necessary or expedient </strong></em>
<em><strong>for removing the difficulty: </strong></em>
<em><strong>Provided that no order shall be made under </strong></em>
<em><strong>this section in relation to any area in a State after the </strong></em>
<em><strong>expiration of two years from the date on which this </strong></em>
<em><strong>Act comes into force in that area. </strong></em></pre>
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<title><![CDATA[ANDHRA PRADESH STATE AUDIT RULES 2000]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/andhra-pradesh-state-audit-rules-2000/</link>
<pubDate>Thu, 27 Oct 2011 09:28:45 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/27/andhra-pradesh-state-audit-rules-2000/</guid>
<description><![CDATA[  RULES SUPPLEMENT TO PART – I Image via Wikipedia EXTRAORDINARY OF THE ANDHRA PRADESH GAZETTE PUBLI]]></description>
<content:encoded><![CDATA[<pre> 
<em><strong>RULES SUPPLEMENT TO PART – I</strong></em></pre>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://en.wikipedia.org/wiki/File:800px-Assembly1.jpg"><img class="zemanta-img-configured" title="The Andhra Pradesh State Legislative Assembly ..." src="http://upload.wikimedia.org/wikipedia/en/thumb/8/83/800px-Assembly1.jpg/300px-800px-Assembly1.jpg" alt="The Andhra Pradesh State Legislative Assembly ..." width="300" height="225" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre><em><strong></strong></em>
<em><strong>EXTRAORDINARY </strong></em>
<em><strong>OF </strong></em>
<em><strong>THE ANDHRA PRADESH GAZETTE </strong></em>
<em><strong>PUBLISHED BY AUTHORITY </strong></em>
<em><strong> No. 36 HYDERABAD, MONDAY, SEPTEMBER 25, 2000 </strong></em>

<em><strong>NOTIFICATIONS BY <a class="zem_slink" title="Executive (government)" href="http://en.wikipedia.org/wiki/Executive_%28government%29" rel="wikipedia">GOVERNMENT</a> </strong></em>
<em><strong> * * * </strong></em>

<em><strong> FINANCE AND <a class="zem_slink" title="Urban planning" href="http://en.wikipedia.org/wiki/Urban_planning" rel="wikipedia">PLANNING DEPARTMENT</a> </strong></em>
<em><strong> ( F.W. Admn - II )</strong></em>
<em><strong>RULES RELATING TO <a class="zem_slink" title="Andhra Pradesh" href="http://en.wikipedia.org/wiki/Andhra_Pradesh" rel="wikipedia">ANDHRA PRADESH STATE</a> AUDIT ACT, 1989. </strong></em>
<em><strong>( G.O.Ms. No. 130, Finance and Planning (FW.Admn.II),8</strong></em>
<em><strong>th</strong></em>
<em><strong> September,2000 ) </strong></em>
<em><strong>ORDER: </strong></em>

<em><strong> In exercise of the powers conferred by sub-section (1) of section – 16 of the </strong></em>
<em><strong>Andhra Pradesh State Audit Act, 1989 (Act No.9 of 1989), the Governor of Andhra </strong></em>
<em><strong>Pradesh hereby makes the following rules. </strong></em>
<em><strong>(RULES) </strong></em>
<em><strong>1. Short Title and commencement: - (1) These rules may be called the Andhra </strong></em>
<em><strong> Pradesh State Audit Rules, 2000. </strong></em>
<em><strong>(2) These rules shall come into force at once. </strong></em>
<em><strong>2. Definitions: - In these rules unless the context otherwise requires, </strong></em>
<em><strong> (a) ‘Act’ means the Andhra Pradesh State Audit Act, 1989 </strong></em>
<em><strong> (b) “<a class="zem_slink" title="Group action" href="http://en.wikipedia.org/wiki/Group_action" rel="wikipedia">Group</a> basis audit ‘in relation to audit means conduct of audit of a group of </strong></em>
<em><strong> Local or other Authorities by a group of <a class="zem_slink" title="Audit" href="http://en.wikipedia.org/wiki/Audit" rel="wikipedia">Auditors</a>., </strong></em>
<em><strong> (c) ‘Illegal Payments’ means all the payments referred to in sections 8 and 10 and </strong></em>
<em><strong> read with correspondingly in theses rules. </strong></em>
<em><strong> (d) ‘Other Authority’ means the authorities specified in the schedule appended to </strong></em>
<em><strong> the Act. (e) ‘review’ means check by higher authority wherever necessary in respect </strong></em>
<em><strong> of the audit work done by an Auditor or Auditors who conduct the basic </strong></em>
<em><strong> work on items most susceptible of misapplication of rules or orders which </strong></em>
<em><strong> lead to illegal payments. </strong></em>
<em><strong> (f) ‘Special letter’ means the letter or letters containing the list of audit objections </strong></em>
<em><strong> of surchargeable nature, </strong></em>

<em><strong> (g) ‘Surcharge Certificate’ means the certificate by which the charge or the </strong></em>
<em><strong> liability of a surchargee is communicated. </strong></em>
<em><strong> (h) The words and expressions used in these rules but not defined shall have the </strong></em>
<em><strong> same meaning assigned to them in the Andhra Pradesh State Audit Act, 1989. </strong></em>
<em><strong> 3. Powers and Functions of the <a class="zem_slink" title="Board of directors" href="http://en.wikipedia.org/wiki/Board_of_directors" rel="wikipedia">Director</a>:- (1) The Director shall, in addition to </strong></em>
<em><strong> the powers vested in him under the Act, and the rules made there under, </strong></em>
<em><strong> exercise the powers and perform the functions of the Head of the Department </strong></em>
<em><strong> under the various rules, codes and orders of the Government. </strong></em>
<em><strong>(2).The Director may inspect the accounts of Local Authorities and other </strong></em>
<em><strong> Authorities specified in the Schedule. </strong></em>
<em><strong> (3) The Director may condone the audit of accounts of any <a class="zem_slink" title="Local government" href="http://en.wikipedia.org/wiki/Local_government" rel="wikipedia">Local Authority</a> or </strong></em>
<em><strong> other Authority, where the audit is not possible due to loss of records on </strong></em>
<em><strong> account of floods, fire and theft and other natural calamities in consultation </strong></em>
<em><strong> with the heads of Administrative Departments of the Local Authorities or </strong></em>
<em><strong> other Authorities concerned. </strong></em>
<em><strong>(4) The Director shall have to power to initiate disciplinary action against the </strong></em>
<em><strong> authorities who are found negligent in enforcing and misusing the powers </strong></em>
<em><strong> under the provisions of the Act and the rules and they are liable for </strong></em>
<em><strong> disciplinary action in accordance with the procedure laid down in the Andhra </strong></em>
<em><strong> Pradesh Civil Services ( <a class="zem_slink" title="California Charter Academy" href="http://en.wikipedia.org/wiki/California_Charter_Academy" rel="wikipedia">CCA</a> ) Rules, 1991: </strong></em>
<em><strong> Provided that in the cases where the Government is the disciplinary authority, </strong></em>
<em><strong> such cases shall be referred to the Government for taking disciplinary action </strong></em>
<em><strong> as per the Andhra Pradesh Civil Services ( CCA ) Rules, 1991: </strong></em>
<em><strong> Provided further that the disciplinary cases pending as on the date of </strong></em>
<em><strong> commencement of these rules shall be finalized by the Director as per these </strong></em>
<em><strong> rules. (5) The Director may call for all the files including the files relating to </strong></em>
<em><strong> confidential </strong></em>
<em><strong> nature which are not produced to auditors, by the <a class="zem_slink" title="Chief executive officer" href="http://en.wikipedia.org/wiki/Chief_executive_officer" rel="wikipedia">Chief Executive Officer</a> and </strong></em>
<em><strong> deal with them in accordance with the standing instructions for the handling </strong></em>
<em><strong> and custody of such documents issued from time to time in this regard. </strong></em>
<em><strong> (6) In respect of non-notified <a class="zem_slink" title="Gram panchayat" href="http://en.wikipedia.org/wiki/Gram_panchayat" rel="wikipedia">Gram Panchayats</a> and other authorities of smaller </strong></em>
<em><strong> transactions, and where the individual audit or group basis audit to such </strong></em>
<em><strong> authority by an Auditor for audit is not considered desirable or feasible in </strong></em>
<em><strong> terms of time spent on transits etc.., the Director may through his Subordinate </strong></em>
<em><strong> Staff organize to conduct the audit of the said authorities on group basis, at </strong></em>
<em><strong> Mandal Headquarters or at such other places as Specified. The responsibility </strong></em>
<em><strong> for making available the records at Mandal Headquarters or at the specified </strong></em>
<em><strong> places shall continue to rest with the Chief Executive Authority concerned. </strong></em>
<em><strong> The Authority or the Authorities having the administrative control over the </strong></em>
<em><strong> said Local or other Authorities shall take all necessary measures to ensure </strong></em>
<em><strong> production of all records as desired by the auditors. </strong></em>
<em><strong>(7) If any difficulty arises in enforcing the various provisions of these rules, unless </strong></em>
<em><strong> they require orders from the Government, the same can be clarified by the </strong></em>
<em><strong> Director. </strong></em>
<em><strong> 4. Procedure for conduct of Audit:- (1) The Director shall arrange to conduct </strong></em>
<em><strong> the audit of any Local authority and other authorities specified in the </strong></em>
<em><strong> Schedule to the Act in the manner indicated below: </strong></em>
<em><strong>(i) Post – Audit of the accounts of local authorities other than those falling </strong></em>
<em><strong>under Section 6 (a) of the Andhra Pradesh Charitable and Hindu Religious </strong></em>
<em><strong>institutions and Endowments Act,1987. </strong></em>
<em><strong>(ii) Concurrent audit of the accounts of Hindu Religious and Charitable </strong></em>
<em><strong>Endowments and institutions falling under Section-6 (a) of Andhra Pradesh </strong></em>
<em><strong>Charitable and Hindu Religious institutions and Endowments Act,1987. </strong></em>
<em><strong> (2) The Director may with permission of Government change the type of audit of </strong></em>
<em><strong> any local authority of other authorities. </strong></em>
<em><strong> (3) The Director may arrange concurrent audit of the institutions working under </strong></em>
<em><strong> the Tirumala Tirupathi Devasthanams in addition to post-Audit in consultation </strong></em>
<em><strong> with the Chief Executive officer, Tirumala Tirupathi Devasthanams. </strong></em>
<em><strong> (4) Where it is found necessary on account of special circumstances, the Director </strong></em>
<em><strong> may arrange Special audit of the accounts of the local authority and other </strong></em>
<em><strong> authorities specified in the schedule to the Act. </strong></em>
<em><strong> (5) The Director may also arrange Pre-audit of the Local authority or other </strong></em>
<em><strong> authorities with the permission of Government. (6) The Director shall arrange to complete the Audit of accounts of local authority </strong></em>
<em><strong> and other authorities, after receipt of accounts and related records, in a </strong></em>
<em><strong> reasonable time not exceeding two years from the date of receipt of accounts </strong></em>
<em><strong> and records. If the audit could not be completed within the said period, he shall </strong></em>
<em><strong> report forthwith to the Government in Finance Department, explaining the </strong></em>
<em><strong> reasons and the circumstances therefore. </strong></em>
<em><strong> 5. Preparation and Furnishing Accounts:- (1) Every Chief Executive Officer </strong></em>
<em><strong> shall prepare an Annual Account in the form prescribed, under the respective </strong></em>
<em><strong> Acts, rules Statutes or any other order of the Government and where such form </strong></em>
<em><strong> is not prescribed in respect of any Local Authority or other Authority, in the </strong></em>
<em><strong> form prescribed by the Director and send a copy of it to the Auditor authorized </strong></em>
<em><strong> by the Director. </strong></em>
<em><strong> (2) A copy of the Annual Account referred to in sub-rule (1) shall be sent </strong></em>
<em><strong> within the time specified, under the respective Acts or Rules or Statutes and </strong></em>
<em><strong> where a time limit is not specified in respect of any Local Authority, it shall be </strong></em>
<em><strong> submitted by 31</strong></em>
<em><strong>st</strong></em>
<em><strong> of May of the succeeding Financial year. </strong></em>
<em><strong> (3) The failure on the part of any Chief Executive Officer to produce the </strong></em>
<em><strong> accounts for Audit within the time stipulated in accordance with the provisions </strong></em>
<em><strong> of the Acts or rules or to get the audit completed without following the </strong></em>
<em><strong> procedure, amounts to negligence and punishable under Section12 of the Act. </strong></em>
<em><strong> Authority (4) The Government shall have the right to impose a cut or </strong></em>
<em><strong> withhold the release of grants, if the Local or other authorities fails to submit </strong></em>
<em><strong> their utilization Certificates without valid reasons. </strong></em>
<em><strong> 6.Production of Records to Audit:-(1) The auditor shall give notice to the </strong></em>
<em><strong> Authority before the commencement of audit. During the course of audit, the </strong></em>
<em><strong> auditor may indicate in writing the nature of information and the kind of </strong></em>
<em><strong> documents, registers and records which are necessary or the explanation for </strong></em>
<em><strong> the purpose of audit, through a half margin letter. The person or the authority </strong></em>
<em><strong> to whom such requisition is made shall comply with the requirements. </strong></em>
<em><strong> (2) The persons who are being addressed with the half margin letters shall be </strong></em>
<em><strong> either the persons who are having custody or control of the information called </strong></em>
<em><strong> for and accountable to it or he must be the chief executive authority. </strong></em>
<em><strong> (3) The person or persons called upon to furnish the information by the </strong></em>
<em><strong> auditor shall sign the letter issued by the Auditor in token of having </strong></em>
<em><strong> acknowledged the same. </strong></em>
<em><strong> (4) Any person who fails to comply with any requisition under this rule shall </strong></em>
<em><strong> be punishable under Section 12 of the Act. 7. Submission, Approval and issue of audit reports:- (1) The Director may </strong></em>
<em><strong> authorize any of his or her subordinates to prepare a report on the accounts </strong></em>
<em><strong> audited, registers, examined and to send such report after approval, to the </strong></em>
<em><strong> concerned local authority or other authorities. </strong></em>
<em><strong> (2).The Auditor who audited the accounts shall prepare and submit the audit </strong></em>
<em><strong> report to the officers noted in column (2) who in turn shall approved and issue </strong></em>
<em><strong> the reports to the authority noted in column (3) as mentioned in the table </strong></em>
<em><strong> below. </strong></em>
<em><strong>TABLE</strong></em>
<em><strong>Sl.No. Designation of the </strong></em>
<em><strong>Officer. </strong></em>
<em><strong>Name of the Local Authority or other authority. </strong></em>
<em><strong>(1) (2) (3) </strong></em>
<em><strong> 1 Regional Deputy </strong></em>
<em><strong>Director/ Deputy </strong></em>
<em><strong>Director </strong></em>
<em><strong>Zilla Parishads, Municipal Corporations, Tirumala </strong></em>
<em><strong>Tirupathi Devasthanams, Urban Development </strong></em>
<em><strong>authorities, District Rural Development Agencies </strong></em>
<em><strong>and Universities. </strong></em>
<em><strong> 2 Deputy Director. </strong></em>
<em><strong>( Directorate ) </strong></em>
<em><strong>A.P. Housing Board, Hyderabad. A.P. Employees </strong></em>
<em><strong>Welfare Fund. </strong></em>
<em><strong> 3 Audit Officer. Local Authority or other Authority other than those </strong></em>
<em><strong>mentioned in items (1) and (2) above. </strong></em>

<em><strong> Provided that the Director may authorise any of his subordinate </strong></em>
<em><strong> authorities to approve and issue reports of any Local authority or other </strong></em>
<em><strong> Authorities in the manner other than that provided above. </strong></em>
<em><strong>(3) Every auditor who completes the audit shall submit the report to the </strong></em>
<em><strong>authority as specified in sub-rule (2). Where the institution is reviewed with </strong></em>
<em><strong>reference to the said report, the reviewing authority shall submit the report </strong></em>
<em><strong>after the completion of the review. The responsibility for submission of the </strong></em>
<em><strong>report shall therefore lie on the reviewing authority wherever such review is </strong></em>
<em><strong>conducted. </strong></em>
<em><strong>(4) (a) Not with standing anything contained in the A.P. Travelling </strong></em>
<em><strong>Allowances Rules, A.P. Finance Code and the A.P. Treasury Code, if no </strong></em>
<em><strong>reports are submitted within a period of 45 days from the last day of the </strong></em>
<em><strong>month in which audit was conducted, and by the reviewing authority within a </strong></em>
<em><strong>period of 15 days from the date of completion of such review, the auditor or </strong></em>
<em><strong>the reviewing authority as the case may be shall not automatically be entitled </strong></em>
<em><strong>for the full pay and allowances, travelling allowances and daily allowances for </strong></em>
<em><strong>the said period of audit or of the review. The pay and allowances, travelling </strong></em>
<em><strong>allowances and daily allowances for the said periods, if drawn, shall be </strong></em>
<em><strong>recoverable from them and remitted to State Funds at such percentage rates, and the period spent on audit shall be subjected to such treatment as specified </strong></em>
<em><strong>in Sub-Rule (5). </strong></em>
<em><strong>Provided that in case of reports pending as on the date of issue of these </strong></em>
<em><strong>rules, the period of two months shall be computed from the date of coming </strong></em>
<em><strong>into force of these rules. </strong></em>
<em><strong>Provided further that the Draft audit reports returned with objections by </strong></em>
<em><strong>the competent authority for rectification of defects shall be resubmitted within </strong></em>
<em><strong>a period of seven days from the date on which the Auditor receives such </strong></em>
<em><strong>reports. If the reports are further returned for rectification, such returned </strong></em>
<em><strong>reports shall be resubmitted within a period of three days from the date of </strong></em>
<em><strong>receipt. If such reports are still found to be not free from the objections as </strong></em>
<em><strong>earlier noticed they are is liable for penal action according to sub-rule (4) </strong></em>
<em><strong>thereof. The competent authority to issue orders imposing the penalty is the </strong></em>
<em><strong>authority next above the authorised to approve the reports. </strong></em>

<em><strong>(b) The Director may with specific reasons to be recorded in writing and in </strong></em>
<em><strong>exceptional cases, grant extra time, for submission of the reports. </strong></em>
<em><strong> (5) (a)The rate of recovery of the amount mentioned in sub-rule (4) shall be </strong></em>
<em><strong>(i) at 100% of the traveling allowance, Daily Allowance, if the reports are </strong></em>
<em><strong>not submitted within the stipulated period including the extended </strong></em>
<em><strong>period under sub-rule (4). </strong></em>
<em><strong>(ii) at 100% of the traveling allowance, Daily Allowance and 50% of Pay </strong></em>
<em><strong>and Allowances if they are not submitted in the period of ten (10) </strong></em>
<em><strong>days from the day of the expiry of the said period including the </strong></em>
<em><strong>extended period, and </strong></em>
<em><strong>(iii) at 100% of the traveling allowance, Daily Allowance and Pay and </strong></em>
<em><strong>Allowances if the Reports are not submitted within a period of five (5) </strong></em>
<em><strong>days thereafter. </strong></em>
<em><strong>(b) Where 100% recovery of traveling allowance and Daily Allowance alone, </strong></em>
<em><strong>has been imposed, there shall be no effect on the period spent on duty. Where </strong></em>
<em><strong>50% recovery on pay and allowances alone, has been effected, the first half of </strong></em>
<em><strong>the period spent on audit shall be treated as non-duty and where 100% </strong></em>
<em><strong>recovery of traveling allowance, Daily allowance and pay Allowances, has </strong></em>
<em><strong>been effected, the entire periods of audit shall be treated as non-duty. Fraction </strong></em>
<em><strong>of a day equal to 0.5 shall be treated as one day. If the month and the number </strong></em>
<em><strong>of days spent on audit are not verifiable the days as ascertained from the </strong></em>
<em><strong>observed data/work-norms including the transit days for the particular Local </strong></em>
<em><strong>or other authority and the month or months from the beginning of the second quarter of the Accounting year following the one to which the pending report </strong></em>
<em><strong>relates, shall be adopted. </strong></em>
<em><strong> Provided that where recovery has been 100% of travelling allowance, </strong></em>
<em><strong>Daily Allowance and Pay and Allowances and that the chances of submission </strong></em>
<em><strong>of reports are remote or unlikely to be obtainable even after a reasonable time </strong></em>
<em><strong>of 30 days, the entire period spent on audit or the review as the case may be </strong></em>
<em><strong>shall be treated as “Dies non” and the institutions whose reports could not be </strong></em>
<em><strong>obtained as such be ordered in the circumstances for re-audit under the </strong></em>
<em><strong>written orders of the Director, and the auditor subjected to further disciplinary </strong></em>
<em><strong>action. </strong></em>
<em><strong>Note: 1. Where an institution has been audited by a team of auditors headed </strong></em>
<em><strong>by an Assistant Audit Officer or by senior most of them, the audit notes </strong></em>
<em><strong>obtained from an auditor, shall be treated as a report for purpose of the rule -7 </strong></em>
<em><strong>and the report of the institution composed of the said notes of all the </strong></em>
<em><strong>Auditors including that of the head of the audit party, shall be so treated for </strong></em>
<em><strong>the purpose of the said rule. However the delay in submission of the report of </strong></em>
<em><strong>the Institution on account of delay in obtaining the notes shall lie on the head </strong></em>
<em><strong>of the team only, if work distribution among auditors is found to be </strong></em>
<em><strong>unscientific or uneven. </strong></em>
<em><strong>Note: 2. When more than one Institution has been audited on a single day by </strong></em>
<em><strong>an auditor or team of auditors, the reports of all the institutions, audited shall </strong></em>
<em><strong>be treated as one single report due from an auditor or team of auditors for </strong></em>
<em><strong>purpose of rule-7. </strong></em>
<em><strong>(6). The Director before issue of orders under the proviso to sub-rule-(5), shall </strong></em>
<em><strong>take into account such factors which throw light on the circumstances under </strong></em>
<em><strong>which an auditor was unable to submit the reports and where the nonsubmission was reasonable to be considered he may consider postponing to a </strong></em>
<em><strong>reasonable time for the issue of such orders, and in the public interest also, he </strong></em>
<em><strong>shall pass such orders. </strong></em>
<em><strong>(7) Where the period of audit has been treated as non-duty under sub-rule (5) </strong></em>
<em><strong>and where an Auditor applied for sanction of leave to which he is entitled, he </strong></em>
<em><strong>may be sanctioned with such leave following the leave rules or the </strong></em>
<em><strong>Fundamental Rules by which such Auditor or Auditors are governed. </strong></em>
<em><strong>(8) All Audit reports on approval by the competent authority shall within the </strong></em>
<em><strong>time as prescribed by the Director, be communicated to the Chief Executive </strong></em>
<em><strong>authority or concerned Local Authority or other Authority along with Special </strong></em>
<em><strong>Letter by Registered Post With Acknowledgement due containing all items of </strong></em>
<em><strong>objections which fall under the purview of clause (a) of sub-rule (4) 0f rule-9. Provided further that such Special letter containing the Surchargeable </strong></em>
<em><strong>audit objections, shall be issued by Registered Post with Acknowledgement </strong></em>
<em><strong>due to all prospective surcharges individually. </strong></em>
<em><strong> Provided further that in the event of the non-availability of required </strong></em>
<em><strong>information for fixing responsibility and accountability, the District Collector </strong></em>
<em><strong>shall conduct enquiry and furnish details of the loss caused and of the person </strong></em>
<em><strong>or persons responsible thereof, within a period not exceeding six months. </strong></em>
<em><strong> (9) Failure to conduct audit and submit audit report within the stipulated </strong></em>
<em><strong>time shall be construed as willful absence from duty and shall be dealt with in </strong></em>
<em><strong>accordance with the provisions of F.R. 18. </strong></em>
<em><strong>8.Follow up Action on Audit Reports and Settlement of Objections:- (1) On </strong></em>
<em><strong>receipt of the audit report the Chief Executive Officer concerned shall submit, </strong></em>
<em><strong>a report within a period of two months from the date of receipt of the audit </strong></em>
<em><strong>report rectifying all the defects pointed out in the report and within four </strong></em>
<em><strong>months from the date of receipt of Special letter mentioned in sub-rule (9) of </strong></em>
<em><strong>Rule-7, a report of having rectified the defects pointed out in the said audit </strong></em>
<em><strong>report and in the Special letter, to the officer who issued the Audit Report and </strong></em>
<em><strong>the Special letter. </strong></em>
<em><strong>(2) On receipt of the report from the Chief Executive Officer, the </strong></em>
<em><strong>Director or Authority authorised by him for the purpose, shall take up a </strong></em>
<em><strong>further examination of the report under clauses (a), (b) and (c) of sub-section </strong></em>
<em><strong>(2) of section 9 of Act. </strong></em>
<em><strong>(3) The Director may under clause (d) of sub-section (2) of section 9 of </strong></em>
<em><strong>the Act condone any objection wherein the compliance of which is not </strong></em>
<em><strong>possible due to loss of records connected with its disposal due to any natural </strong></em>
<em><strong>calamity. </strong></em>
<em><strong>(4) The Director, if he considered that any case which appears to </strong></em>
<em><strong>support a presumption of criminal misappropriation of fraud deserving </strong></em>
<em><strong>special attention or immediate investigation, he shall bring to the notice of the </strong></em>
<em><strong>Government for such action as they consider necessary. </strong></em>
<em><strong> 9.Initiating Surcharge Proceedings, Appeal and the Recovery:- (1) (a) under </strong></em>
<em><strong>section -10 of the Act, the Director is empowered for initiating surcharge </strong></em>
<em><strong>proceedings against the persons responsible for causing loss to the funds of </strong></em>
<em><strong>Local Authorities or other authorities. </strong></em>
<em><strong>(b) The powers of Director under section 10 of the Act, shall also be </strong></em>
<em><strong>exercised by the authorities Specified in column (2) in respect of the Local </strong></em>
<em><strong>authority or other Authority specified in the corresponding entry in column (3) </strong></em>
<em><strong>of the table given hereunder. TABLE </strong></em>
<em><strong>Sl. </strong></em>
<em><strong>No. </strong></em>
<em><strong>Name of the </strong></em>
<em><strong>Authority. </strong></em>
<em><strong>Name of the Local / other Authority </strong></em>
<em><strong>1 2 3 </strong></em>
<em><strong> 1 Regional </strong></em>
<em><strong>Deputy </strong></em>
<em><strong>Director </strong></em>
<em><strong> 1. All Hindu Religious and Charitable endowments and </strong></em>
<em><strong> Institutions whose Executive Authorities are in the rank </strong></em>
<em><strong> of Deputy Commissioner and above except Tirumala </strong></em>
<em><strong> Tirupathi Devasthanams. </strong></em>
<em><strong> 2. All Private Engineering Colleges receiving grants-in aid </strong></em>
<em><strong> from the Government. </strong></em>
<em><strong> 3. All aided Colleges and Schools other than Government </strong></em>
<em><strong> Colleges and Schools. </strong></em>
<em><strong> 4. All Polytechnics receiving aid from the Government. </strong></em>
<em><strong> 5. Municipal Councils (Special grade and selection grade). </strong></em>
<em><strong> 6. Mandal Parishads. </strong></em>
<em><strong> 7. Zilla Grandalaya Samsthas constituted under the A.P. </strong></em>
<em><strong> Public Libraries Act, 1960. </strong></em>
<em><strong> 8. Agricultural Market Committees. </strong></em>

<em><strong>2 Audit Officer. 1. Gram Panchayats. </strong></em>
<em><strong>2. Municipal Councils (up to and inclusive of first Grade) </strong></em>
<em><strong> including notified Area Committees. </strong></em>
<em><strong> 3. All Hindu Religious and Charitable endowments and </strong></em>
<em><strong> Institutions whose Executive Authorities are in the rank </strong></em>
<em><strong> less than that of Deputy Commissioner. </strong></em>
<em><strong>4 Andhra Pradesh Employees Welfare Fund. </strong></em>
<em><strong>5. Aided Women Hostels and other institutions other than </strong></em>
<em><strong> Government under the welfare Department. </strong></em>
<em><strong>6. All Official Receivers. </strong></em>
<em><strong>7. All District Chambers of Panchayat Raj. </strong></em>
<em><strong>8. Medical lending Libraries at Visakhapatnam, Chittoor, </strong></em>
<em><strong>East Godawari, Guntur, Kurnool and Warangal. </strong></em>
<em><strong>9. District Sailors and Soldiers Board at East Godawari, </strong></em>
<em><strong>West Godawari, Krishna Guntur, Nellore, Chittoor, </strong></em>
<em><strong>Anatapur, Cuddapah, Kurnool and Ranga Reddy </strong></em>
<em><strong>Districts. </strong></em>
<em><strong>10. T.B. Sanitorium in Chittoor District. </strong></em>
<em><strong>11. Prize Endowments in East Godawari, Chittoor and </strong></em>
<em><strong>Anantapur Districts. </strong></em>
<em><strong>12. N.C.C. Trophy, Anantapur. </strong></em>
<em><strong>13. District Leprosy Fund, Anantapur. </strong></em>
<em><strong>14. Andhra Pradesh Medical council, Hyderabad. </strong></em>
<em><strong>15. Andhra Pradesh Medical Pharmacy council, Hyderabad. </strong></em>
<em><strong>16. Official Trustee, Hyderabad. 17. Andhra Pradesh Bhoodana Yagna Board, Hyderabad. </strong></em>
<em><strong>18. Aradhana magazine. </strong></em>
<em><strong>19. Andhra Pradesh Dental Council. </strong></em>
<em><strong>(2) The objections of the Audit report which are not rectified under </strong></em>
<em><strong>clause (c) of Sub-Section (2) of Section 9 of the Act read with Sub-rule (2) </strong></em>
<em><strong>of rule 8 of these rules, which had been included in the body of special letter </strong></em>
<em><strong>under sub-rule (9) of Rule-7, shall be subject to surcharge under section -10 </strong></em>
<em><strong>of the Act. </strong></em>
<em><strong>Provided that the objections raised and pending in the audit reports of </strong></em>
<em><strong>Gram Panchayats, Mandal Parishads, Zilla Parishads, Agricultural Market </strong></em>
<em><strong>Committees and Zilla grandalaya Samsthas, as on the date of commencement </strong></em>
<em><strong>of these rules and also those objections on which surcharge was not barred by </strong></em>
<em><strong>the limitation, if any, under the existing provisions, shall continue to be </strong></em>
<em><strong>subjected to surcharge proceedings even after these rules came into force. </strong></em>
<em><strong>(3) (a) The onus for production of records for audit shall lie on the </strong></em>
<em><strong>Chief Executive authority concerned, under rule-6 and if the records are not </strong></em>
<em><strong>produced willfully the same shall be subject to surcharge proceedings under </strong></em>
<em><strong>sub-rule (2) above. The Chief Executive authority shall produce the records </strong></em>
<em><strong>within four months as specified in sub-rule (1) of Rule-8 for compliance. </strong></em>
<em><strong>Failure to produce records within the time prescribed shall be liable for </strong></em>
<em><strong>surcharge proceedings. </strong></em>
<em><strong>(b) The special letter or letter wherever required shall be caused to be reissued in the same manner as was provided for in the first proviso to sub-rule </strong></em>
<em><strong>(9) of rule-7 after audit on subsequent production of records. The report to be </strong></em>
<em><strong>submitted after such audit or review shall be deemed to be a report and to </strong></em>
<em><strong>form part of original report, for purpose of various other provisions of rule-7. </strong></em>
<em><strong>Note: Report and the special letter or letters consequent to conducting of </strong></em>
<em><strong>special audit shall also be treated in the same manner as the report and the </strong></em>
<em><strong>special letter or letters covered in clause (b) of sub-rule (3). </strong></em>
<em><strong>(4) (a) Auditor may disallow every item contrary to law and surcharge </strong></em>
<em><strong>the same on the person making or authorizing the making of the illegal </strong></em>
<em><strong>payments and may charge against any deficiency, loss or unprofitable outlay </strong></em>
<em><strong>incurred by the negligence or misconduct of the person or of any sum which </strong></em>
<em><strong>ought to have been, but is not ,brought to account , by that person and shall in </strong></em>
<em><strong>every case, certify the amount due from such person, and cause to serve his </strong></em>
<em><strong>decision to Surcharge in the form of Surcharge Certificate by Register Post </strong></em>
<em><strong>with Acknowledgement due, to the person against whom it was made. (b) The auditor shall state in writing the reasons for his decision in </strong></em>
<em><strong>respect of every such disallowance, surcharge or charge and serve the </strong></em>
<em><strong>Surcharge Certificate in the manner laid down for the service of summons in </strong></em>
<em><strong>the code of Civil Procedure, 1908. </strong></em>
<em><strong>(c) If the person to whom the Surcharge Certificate has been sent by </strong></em>
<em><strong>Register Post with Acknowledgement due, refuses to receive it, he shall </strong></em>
<em><strong>nevertheless be deemed to have been duly furnished or issued with a copy of </strong></em>
<em><strong>the certificate within the meaning of clause (a) of sub-rule (4) and the period </strong></em>
<em><strong>of sixty days fixed in sub-rule (5) and (8) shall be calculated from the date of </strong></em>
<em><strong>such refusal. </strong></em>
<em><strong>Explanation: I. For purpose of clause (a) sub-rule (4), the person making or </strong></em>
<em><strong>authorising to make of the illegal payments, is the person, who on his own </strong></em>
<em><strong>acts or neglects or makes a final decision leading to illegal payments. Person </strong></em>
<em><strong>who is authorized to draw the funds and disburse unless he himself is a party </strong></em>
<em><strong>to such decision, is not necessarily the person charged with authorising or </strong></em>
<em><strong>making such payments. Person who raises the claim on account of pay and </strong></em>
<em><strong>allowances leading to illegal payments or in the alternative a person who fails </strong></em>
<em><strong>to initiate corrective measures for stopping and for recovering the said illegal </strong></em>
<em><strong>payments, are the persons said to be authorising such payments. But the </strong></em>
<em><strong>person who raises the claim of such allowances on account of the express </strong></em>
<em><strong>orders of some other authority is not the person said to be authorising such </strong></em>
<em><strong>payments. Person making payments or responsible for deficiency, loss or </strong></em>
<em><strong>waste etc.., originating from his own neglect, misconduct or misinterpretation </strong></em>
<em><strong>of the provisions, viewed in terms of the relevant provisions of the Act, rules </strong></em>
<em><strong>or orders governing the Local Authority or Other Authority concerned, is said </strong></em>
<em><strong>to be the person authorising such illegal payments, deficiencies etc. </strong></em>
<em><strong>Explanation: II. When there is more than one person charged to have </strong></em>
<em><strong>authorised or made illegal payments, all such persons shall be equally treated </strong></em>
<em><strong>for purpose of clause (a) of Sub-rule (3). </strong></em>
<em><strong>Explanation: III. It shall not be open to any person whose negligence or </strong></em>
<em><strong>misconduct has caused or contributed to any such deficiency or loss, to </strong></em>
<em><strong>contend that not withstanding his negligence or misconduct, the deficiency or </strong></em>
<em><strong>loss would not have occurred but for the negligence or misconduct of other </strong></em>
<em><strong>person. </strong></em>
<em><strong>(5) Every person aggrieved by any disallowance surcharge, or charge , </strong></em>
<em><strong>may within sixty days after the date of service on him of the Surcharge </strong></em>
<em><strong>Certificate issued by the Auditor either:- </strong></em>
<em><strong>(a) File an appeal before the Government who shall pass such orders as </strong></em>
<em><strong>it deems fit. </strong></em>
<em><strong> OR </strong></em>
<em><strong> (b) Make an application to the concerned Principal Civil Court of </strong></em>
<em><strong>Jurisdiction to set aside such disallowance, surcharge or charge and the court </strong></em>
<em><strong>after taking such evidence as is necessary may confirm, modify or remit such </strong></em>
<em><strong>disallowance, surcharge or charge with such orders as to costs as it may think </strong></em>
<em><strong>proper in the circumstances; </strong></em>
<em><strong> (c) The orders passed by the respective appellate authority shall be final. </strong></em>
<em><strong> (d) From the decision of the Court under clause (b) of sub-rule (5) an </strong></em>
<em><strong>appeal shall lie to the High Court. </strong></em>
<em><strong>(6) Where an application is made in the Court under Clause (b) of sub-rule </strong></em>
<em><strong>(5) or an appeal made under Clause (d) ibid, the authority who issued the </strong></em>
<em><strong>surcharge under clause (a) or as the case may be under clause (b) of sub-rule </strong></em>
<em><strong>(1) shall be the sole respondent thereto, and the applicant shall not make either </strong></em>
<em><strong>the Government or any other person a party to the proceedings. </strong></em>
<em><strong> (7) Notwithstanding the requirement under the first and second provisos </strong></em>
<em><strong>to sub-rule (9) of rule -7, that the special letter or letters be sent by Register </strong></em>
<em><strong>Post with Acknowledgement due, the Surcharge shall not be appealed under </strong></em>
<em><strong>sub-rule (5) on the ground that the said letter or letters were not received by </strong></em>
<em><strong>him nor acknowledged by him. It shall however be open for him to contest or </strong></em>
<em><strong>appeal on the contents of the Surcharge Certificates so received by him with </strong></em>
<em><strong>reference to the objection or objections the copy of which has already been </strong></em>
<em><strong>available in the audit report sent to the Chief Executive Authority concerned </strong></em>
<em><strong>under sub-rule (9) of Rule-7. However in case a copy of the objection on </strong></em>
<em><strong>which Surcharge was served, is required to be supplied, the authority who </strong></em>
<em><strong>issued the surcharge shall forthwith supply such copy. </strong></em>
<em><strong> (8) Every sum certified by the Director or other authority subordinate to </strong></em>
<em><strong>him, to be due from a person under these rules shall be paid by such person in </strong></em>
<em><strong>the nearest Government treasury or in the office of the Local Authority or </strong></em>
<em><strong>other Authority as the case may be within sixty days after the date of service </strong></em>
<em><strong>on him of the Surcharge Certificate issued by the Director or other Authority </strong></em>
<em><strong>subordinate to him and unless within that time such person has made an </strong></em>
<em><strong>application or an appeal to the authorities mentioned in sub-rule (5), against </strong></em>
<em><strong>the Surcharge Certificate, such sum, if not paid, or such sum as the said </strong></em>
<em><strong>authorities declare to be due, shall be recoverable as if it were arrear of land </strong></em>
<em><strong>revenue. </strong></em>
<em><strong> (9) All payments within the meaning of sub-rule (8) shall be reported to </strong></em>
<em><strong>the authority who issued the Surcharge Certificate, by the Chief Executive </strong></em>
<em><strong>Authority or the Surchargee soon after such payments are made. Copies of all </strong></em>
<em><strong>surcharge certificates on which no action has been taken for recovery under sub-rule (8) shall be communicated to the District Collector concerned, by the </strong></em>
<em><strong>surcharge issuing authority, for initiating action for recovery as if they were </strong></em>
<em><strong>the arrears of land revenue. The Collector shall send the particulars of the said </strong></em>
<em><strong>recovery to the said surcharge issuing authority. The District Collector shall </strong></em>
<em><strong>designate field level officers concerned of Local authorities or other </strong></em>
<em><strong>Authorities for filing Execution Petitions and attending to other matters </strong></em>
<em><strong>related thereto. </strong></em>
<em><strong>10. Furnishing of Audit Reports:- The Director shall submit annually a </strong></em>
<em><strong>consolidated Audit Report and review report on the accounts of the Local </strong></em>
<em><strong>authorities or other authorities in such form and in such manner as he thinks </strong></em>
<em><strong>fit or as may be prescribed by the Government and furnish the same to the </strong></em>
<em><strong>Government. </strong></em>
<em><strong>11. Preservation of Audit Reports: Audit Reports issued to the Chief </strong></em>
<em><strong>Executive Authorities, are the records of permanent nature, unless orders have </strong></em>
<em><strong>been issued by the Director for destruction. The entire responsibility for their </strong></em>
<em><strong>preservation shall rest with the auditors in charge of the audit of the Local </strong></em>
<em><strong>authorities or other authorities under the supervision of the officer </strong></em>
<em><strong>immediately superior to them. Auditors or authorities who found guilty of </strong></em>
<em><strong>violation of this rule shall suitably be dealt with under the relevant provisions </strong></em>
<em><strong>of the law or the rules. </strong></em>
<em><strong>12. Saving:- Consequent on framing of these rules, the matters relating to </strong></em>
<em><strong>audit, settlement of audit objections, surcharge and disallowance covered in </strong></em>
<em><strong>any provisions of the rules and the Acts of the Local Authorities or other </strong></em>
<em><strong>Authorities, shall to the extent they are not consistent with these rules and the </strong></em>
<em><strong>Act, be deemed to have ceased to be in force from the date of coming in to </strong></em>
<em><strong>force of these rules, and all orders, rules, amendments or enactments </strong></em>
<em><strong>proposed to be made and bearing on the provisions of the Act and these rules, </strong></em>
<em><strong>shall be made only in consultation with the Government in Finance </strong></em>
<em><strong>Department. </strong></em>
<em><strong> S.K. ARORA, </strong></em>
<em><strong> Principal Secretary to Government. </strong></em>
<em><strong> A. P. State Audit Act 1989 </strong></em>
<em><strong>The following Act of the Andhra Pradesh Legislative </strong></em>
<em><strong>Assembly received the assent of the Governor on the </strong></em>
<em><strong>19</strong></em>
<em><strong>th</strong></em>
<em><strong> April, 1989 and the said assent is hereby first </strong></em>
<em><strong>published on the 20</strong></em>
<em><strong>th</strong></em>
<em><strong> April, 1989 in the Andhra </strong></em>
<em><strong>Pradesh Gazette for general information: </strong></em>
<em><strong>Act No. 9 of 1989 </strong></em>
<em><strong>An act to authorize the Director of State Audit to Audit the </strong></em>
<em><strong>Accounts relating to Local Authorities or other Authorities and </strong></em>
<em><strong>for matters connected therewith or incidental thereto. </strong></em>
<em><strong> Be it enacted by the Legislative Assembly of the State of </strong></em>
<em><strong> Andhra Pradesh in the Fortieth Year of the Republic of </strong></em>
<em><strong> India as follows:- </strong></em>
<em><strong>1. (1) This Act may be called the Andhra Pradesh State </strong></em>
<em><strong> Audit Act,1989. </strong></em>
<em><strong> (2). It extends to the whole of the State of Andhra </strong></em>
<em><strong> Pradesh </strong></em>
<em><strong> (3). It shall be deemed to have come into force on the 7</strong></em>
<em><strong>th</strong></em>

<em><strong> January, 1989. </strong></em>
<em><strong>2. In this Act, unless the context otherwise requires:- </strong></em>
<em><strong>(a) ‘audit’ means pre-audit, current audit, post audit, cent </strong></em>
<em><strong>p percent audit, resident audit, test audit, Special audit and </strong></em>
<em><strong>s such other examination of Accounts as the Government </strong></em>
<em><strong> may from time to time specify; </strong></em>
<em><strong> (b) ‘auditor’ means the Director of State Audit appointed </strong></em>
<em><strong>under section 3 and includes any other persons on whom all </strong></em>
<em><strong>or any of the powers of the auditor under this Act, are </strong></em>
<em><strong>conferred; </strong></em>
<em><strong> (c) ‘cent percent audit’ means a post audit of all the </strong></em>
<em><strong>Short title, extent and </strong></em>
<em><strong>Commencement. transactions of a particular account of specified period; </strong></em>
<em><strong> (d) ‘Chief Executive Officer’ means the officer or</strong></em>
<em><strong> authority vested with powers to administer the fund of </strong></em>
<em><strong> Local authority or any other authority specified in the </strong></em>
<em><strong> Schedule(herein after referred to as other authority)and </strong></em>
<em><strong> includes every officer by whatever designation know </strong></em>
<em><strong> dealing with such local authority or other authority; </strong></em>
<em><strong> (e) ‘Concurrent audit’ means a post audit of a day-to-day </strong></em>
<em><strong> accounts of specified period, with a general review </strong></em>
<em><strong> of the accounts from time to time; </strong></em>
<em><strong> (f) ‘Director’ means the Director of State Audit appointed </strong></em>
<em><strong> under section 3; </strong></em>
<em><strong> (g)‘Fund’ means any fund the control and management </strong></em>
<em><strong> of which a local authority or other authority is legally </strong></em>
<em><strong> entitled to and includes any cess, rate, duty fee or tax </strong></em>
<em><strong> leviable by, and any property vested in, such authority; </strong></em>
<em><strong> (h) ‘Government’ means the State Government of Andhra </strong></em>
<em><strong> Pradesh; </strong></em>
<em><strong> (i) ‘Local authority’ means: </strong></em>
<em><strong>(a) a municipal corporation constituted under the law </strong></em>
<em><strong> relating to municipal corporation for the time </strong></em>
<em><strong> being in force; </strong></em>
<em><strong> (b) a municipal council constituted under the Andhra </strong></em>
<em><strong> Pradesh Municipalities Act, 1965; </strong></em>
<em><strong>(c) a Mandal Praja Parishad, a Zilla Praja Parishad or Zilla </strong></em>
<em><strong> Abhivrudhi Sameeksha Mandali constituted under the Andhra </strong></em>
<em><strong> Pradesh Mandala Praja Parishads, Zilla Praja Parishads and </strong></em>
<em><strong> Zilla Abhivrudhi Sameeksha Mandals Act, 1986; </strong></em>
<em><strong>(d) a Gram panchayat or a township constituted under </strong></em>
<em><strong> the Andhra Pradesh Gram Panchayats Act, 1964; </strong></em>
<em><strong>(e) A market committee constituted under the Andhra Pradesh </strong></em>
<em><strong> (agricultural produce and Livestock)Market Act,1966; </strong></em>
<em><strong>(f) Rashtra Karshaka Parishads, Commodities Federations and </strong></em>
<em><strong> Mandal Karshaka Parishads constituted under the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, </strong></em>
<em><strong> 1988; and </strong></em>
<em><strong>(g) A Zilla Grandalaya Samstha constituted under the </strong></em>
<em><strong> Andhra Pradesh Public Libraries Act,1960; </strong></em>
<em><strong>(j) ‘notification’ means a notification published in the Andhra </strong></em>
<em><strong> Pradesh Gazette and the work ‘notified’ shall be construed </strong></em>
<em><strong> accordingly; </strong></em>
<em><strong>(k)‘post audit’ means the detailed audit conducted after the </strong></em>
<em><strong> transactions are completed; </strong></em>
<em><strong>(l)‘pre audit’ means the preliminary audit before </strong></em>
<em><strong> receiving the money or arranging the payments; </strong></em>
<em><strong>(m)‘prescribed’ means prescribed by rules made under </strong></em>
<em><strong> this Act; </strong></em>
<em><strong>(n) ‘resident audit’ means concurrent or pre-audit of </strong></em>
<em><strong> expenditure and review of receipts; </strong></em>
<em><strong>(o)‘schedule’ means the Schedule appended to this Act; </strong></em>
<em><strong>(p)‘special audit’ means an audit of accounts pertaining </strong></em>
<em><strong> to a specified item or series of items required </strong></em>
<em><strong> through examination. </strong></em>
<em><strong>(q)‘surcharge’ means the amount for which, the auditor in exercise </strong></em>
<em><strong> of powers vested in him under this Act, makes a person Liable </strong></em>
<em><strong> for the loss, waste misapplication or misappropriation, of any </strong></em>
<em><strong> money or other property belonging to any local authority. </strong></em>
<em><strong>3. (1) There shall be appointed by the Government a Director of </strong></em>
<em><strong>State Audit to be incharge of the audit of the fund of local </strong></em>
<em><strong>authorities specified in the Schedule in the whole of the State </strong></em>
<em><strong>hereinafter referred to as ‘Director’ and as many other persons </strong></em>
<em><strong>as they consider necessary to exercise the powers and perform </strong></em>
<em><strong>the functions of the Director under this Act in relation to such </strong></em>
<em><strong>areas as may be specified. </strong></em>
<em><strong> (2) The powers to be exercised and functions to be </strong></em>
<em><strong> performed by the Director shall be such as may be prescribed. </strong></em>
<em><strong> (3) The Director shall exercise general control and </strong></em>
<em><strong> superintendence over the officers of the State Audit </strong></em>

<em><strong> Appointment of </strong></em>
<em><strong> Director Department in the performance of their functions under this </strong></em>
<em><strong> Act or the rules made there under. </strong></em>
<em><strong> (4) Notwithstanding anything in sub-section(1), the Director </strong></em>
<em><strong> of Local Fund Audit functioning before the commencement of </strong></em>
<em><strong> this Act, shall continue to be such Director and function as </strong></em>
<em><strong> such until a new Director is appointed under sub-section (1) </strong></em>
<em><strong> and the Department known as the Local Fund Audit </strong></em>
<em><strong> Department’ prior to the commencement of this Act, shall </strong></em>
<em><strong> here-in-after be known as the ‘State Audit Department’. </strong></em>
<em><strong>4. Notwithstanding anything in any other law for the time being </strong></em>
<em><strong>in force but without prejudice to the powers and functions of </strong></em>
<em><strong>the Comptroller and Auditor General (Duties, powers and </strong></em>
<em><strong>conditions of service) Act,1971, it shall be lawful for the </strong></em>
<em><strong>Director to conduct an audit in respect of any local authority </strong></em>
<em><strong>or any other authority specified in the Schedule in the manner </strong></em>
<em><strong>provided by or under this Act and to recover the cost of audit </strong></em>
<em><strong>in respect of such authorities as may be specified by the </strong></em>
<em><strong>Government, by order subject to such rules as may be made </strong></em>
<em><strong>in this behalf. </strong></em>
<em><strong>5. Every Chief Executive Officer shall present or cause to be </strong></em>
<em><strong> presented for audit all the accounts of the fund which he </strong></em>
<em><strong> administers annually within such period in such form and in </strong></em>
<em><strong> such manner may be prescribed. </strong></em>
<em><strong>6. (1) for the purpose of any audit under this Act an auditor may.. </strong></em>
<em><strong> (a) require the Chief Executive Officer concerned in writing </strong></em>
<em><strong>the production, at the head office of the local authority or </strong></em>
<em><strong>other authority of such receipts, vouchers, statements, returns, </strong></em>
<em><strong>correspondence, notes or other documents in relation to the </strong></em>
<em><strong>accounts he may think fit; </strong></em>
<em><strong>(b) require in writing…….. </strong></em>
<em><strong>(i). any salaried employee of the local authority or other authority </strong></em>
<em><strong> accountable for or having the custody or control of such </strong></em>
<em><strong> receipts, vouchers, statements, returns, correspondence, notes </strong></em>
<em><strong> or other documents; or </strong></em>
<em><strong>(ii).any person having directly or indirectly by himself or his </strong></em>
<em><strong>partner any share or interest in any contract with or under the </strong></em>
<em><strong>local authority, or other authority to appear in person or by an </strong></em>
<em><strong> Audit of Accounts </strong></em>
<em><strong> Central Act 56 of 1971 </strong></em>
<em><strong> Presentation of </strong></em>
<em><strong> Accounts for Audit. </strong></em>
<em><strong>Production of documents </strong></em>
<em><strong>and attendance of </strong></em>
<em><strong>persons for Audit. authorized agent before him at the head office of the said </strong></em>
<em><strong>authority and answer any question or sign a declaration with </strong></em>
<em><strong>respect thereto; </strong></em>
<em><strong>(c) in the event of an explanation being required from the Chief </strong></em>
<em><strong> Executive Officer, invite such officer in writing specifying the </strong></em>
<em><strong> points on which his explanation is required to meet him at the </strong></em>
<em><strong> head office of such officer; or </strong></em>
<em><strong>(d) exercise such other powers as may be prescribed. </strong></em>
<em><strong>(2) The auditor may fix a reasonable period of not less than three </strong></em>
<em><strong>days for the purposes of compliance of the provisions of subsection (1). </strong></em>
<em><strong>(3) The auditor shall give the local authority or other authority </strong></em>
<em><strong>not less than one week notice in writing of the date on which </strong></em>
<em><strong>he proposes to commence the audit: </strong></em>
<em><strong> Provided that for special reasons to be recorded in writing </strong></em>
<em><strong>the auditor may give a shorter notice than a week or </strong></em>
<em><strong>commence a special or detailed audit on the authority of the </strong></em>
<em><strong>Government or the Director with out such notice. </strong></em>
<em><strong>7. The Director shall, as soon as practicable after the completion </strong></em>
<em><strong>of audit prepare a report on the accounts audited and </strong></em>
<em><strong>examined by him and send such report to the concerned local </strong></em>
<em><strong>authority or other authority in such manner, as may be </strong></em>
<em><strong>prescribed. </strong></em>
<em><strong>8. The audit report shall contain a statement of -------- </strong></em>
<em><strong> (a) every payment which appears to him to be contrary to </strong></em>
<em><strong>law; </strong></em>
<em><strong> (b) the amount of any deficiency, waste or loss which </strong></em>
<em><strong>appears to have been caused by the gross negligence or </strong></em>
<em><strong>misconduct of any person in the performance of his duties; </strong></em>
<em><strong> (c) the amount of any sum received which ought to have been </strong></em>
<em><strong>accounted but is not brought into account by any person; and </strong></em>
<em><strong> (d) any material impropriety or irregularity which he may </strong></em>
<em><strong>observe in the expenditure or in the recovery of money due. </strong></em>
<em><strong>9. (1) On receipt of the audit report under section 8 the Chief </strong></em>
<em><strong> Furnishing Audit </strong></em>
<em><strong> Report </strong></em>

<em><strong> Contents of Audit </strong></em>
<em><strong> Report. </strong></em>
<em><strong> Procedure to be </strong></em>
<em><strong> Followed after Executive Officer shall remedy any defect or irregularity </strong></em>
<em><strong>which may have been pointed out in the report and shall place </strong></em>
<em><strong>the audit report, together with statement of action taken or </strong></em>
<em><strong>proposed to be taken thereon and an explanation in regard </strong></em>
<em><strong>thereto before a meeting of the concerned local authority or </strong></em>
<em><strong>other authority specially convened for the purpose within a </strong></em>
<em><strong>period of two months from the date of receipt of the audit </strong></em>
<em><strong>report. He shall also within one month of the said meeting, </strong></em>
<em><strong>send to the Director a report of his having remedied the </strong></em>
<em><strong>defects or irregularities, if any pointed out in the audit report </strong></em>
<em><strong>or shall, within the said period, supply the Director any further </strong></em>
<em><strong>explanation in regard to such defects or irregularities as the </strong></em>
<em><strong>local authority or other authority may wish to give. </strong></em>
<em><strong>(2) On receipt of such intimation or explanation, the Director </strong></em>
<em><strong> may, in respect of all or any of the matters referred to in </strong></em>
<em><strong> his report:- </strong></em>
<em><strong>(a) accept the explanation given by the Chief Executive </strong></em>
<em><strong> Officer; </strong></em>
<em><strong>(b) direct that the matter be further investigated at the next </strong></em>
<em><strong> audit or any earlier date; </strong></em>
<em><strong> (c) hold that the defects of irregularities pointed out in the </strong></em>
<em><strong> audit report or any of them have not been removed or </strong></em>
<em><strong> remedied; </strong></em>
<em><strong> (d) condone any objection, the compliance of which is not </strong></em>
<em><strong> possible due to loss of records connected with its disposal </strong></em>
<em><strong> due to any natural calamity; </strong></em>
<em><strong>(3) Nothing in this section or section 8 shall preclude the Director </strong></em>
<em><strong>at any time from bringing to the notice of the Government for </strong></em>
<em><strong>such action as he may consider necessary any information </strong></em>
<em><strong>which appears to him to support a presumption of criminal </strong></em>
<em><strong>misappropriation or fraud or which in his opinion deserves </strong></em>
<em><strong>special attention or immediate investigation. </strong></em>
<em><strong>10.(1) The Director may disallow every item of expenditure </strong></em>
<em><strong> incurred contrary to law and surcharge the same on the person </strong></em>
<em><strong> incurring or authorizing the incurring of such expenditure, and </strong></em>
<em><strong>may charge against any person responsible therefore the </strong></em>
<em><strong>amount of any deficiency, loss or unprofitable outlay </strong></em>
<em><strong>occasioned by the negligence or misconduct of that person or </strong></em>
<em><strong>of any sum which ought to have been accounted but is not </strong></em>
<em><strong>brought into account by that person and shall, in every such </strong></em>
<em><strong> Furnishing the report. </strong></em>
<em><strong> Director to surcharge </strong></em>
<em><strong> illegal payment or loss </strong></em>
<em><strong> caused by gross </strong></em>
<em><strong> negligence or </strong></em>
<em><strong> misconduct. case, certify the amount due from such person. </strong></em>
<em><strong> Explanation:- It shall not be open to any person whose </strong></em>
<em><strong> negligence or misconduct has caused or contributed to any </strong></em>
<em><strong>such deficiency or loss, to contend that notwithstanding his </strong></em>
<em><strong>negligence of misconduct the deficiency or loss would not </strong></em>
<em><strong>have occurred, but for the negligence or misconduct of some </strong></em>
<em><strong>other person. </strong></em>
<em><strong>(2) The Director shall state in writing the reasons for his decision </strong></em>
<em><strong>in respect of every disallowance, surcharge or charge and a </strong></em>
<em><strong>copy to such decision shall be served on the person against </strong></em>
<em><strong>whom it is made in the manner laid down for the service of </strong></em>
<em><strong>summons in the Code of Civil Procedure, 1908. </strong></em>
<em><strong>(3) Any person aggrieved by any disallowance, surcharge or </strong></em>
<em><strong>charge may, within 60 days after the date of service on him of </strong></em>
<em><strong>the decision of the Director either--- </strong></em>
<em><strong> (a) make an application to the concerned principal civil court </strong></em>
<em><strong>of original jurisdiction to set aside such disallowance, </strong></em>
<em><strong>surcharge or charge and the court, after taking such evidence </strong></em>
<em><strong>as is necessary may confirm, modify or remit such </strong></em>
<em><strong>disallowance, surcharge or charge with such orders as to costs </strong></em>
<em><strong>as it may think proper in the circumstances; or </strong></em>
<em><strong> (b) in lieu of such application, may appeal to the Government </strong></em>
<em><strong>who shall pass such orders as they think fit. </strong></em>
<em><strong>(4) Where an application is made to the court under clause(a) of </strong></em>
<em><strong>sub-section(3), the Director shall be the sole respondent </strong></em>
<em><strong>thereto, and the applicant shall not make either the </strong></em>
<em><strong>Government or any other person a party to the proceedings. </strong></em>
<em><strong>(5) From the decision of the court under clause (a) of sub-section </strong></em>
<em><strong>(3), an appeal shall lie to the High Court. </strong></em>
<em><strong>(6) Every sum certified by the Director to be due from a person </strong></em>
<em><strong>under this Act shall be paid by such person to the local </strong></em>
<em><strong>authority or the other authority as the case may be, within </strong></em>
<em><strong>sixty days after the date of service on him of the decision of </strong></em>
<em><strong>the Director unless within that time such person has made an </strong></em>
<em><strong>application to the court or an appeal to the Government </strong></em>
<em><strong>against the decision, and such sum, if not so paid, or such sum </strong></em>
<em><strong>as the Court or Government declare to be due, shall be </strong></em>
<em><strong>recoverable as if it were an arrear of land revenue. </strong></em><em><strong>Central Act V of 1908. 11. (1) The Director shall submit annually a Consolidated Audit </strong></em>
<em><strong>and Review Report on the accounts of the local authorities, or </strong></em>
<em><strong>other authorities in such from and in such manner as may be </strong></em>
<em><strong>prescribed and furnish the same to the Government. </strong></em>
<em><strong> (2) The annual Consolidated Audit and Review Report in </strong></em>
<em><strong>respect of local authorities shall be laid on the table of the </strong></em>
<em><strong>Legislative Assembly. </strong></em>
<em><strong>12.(1) (a) Any person who willfully neglects or refuses to comply </strong></em>
<em><strong>with any requisition lawfully made upon him under clause (a) </strong></em>
<em><strong>or clause (b) of sub-section (1) of section 6, shall on </strong></em>
<em><strong>conviction be punishable with fine which may extend to five </strong></em>
<em><strong>thousand rupees. </strong></em>
<em><strong> (b) Any person who is convicted under clause (a) fails to </strong></em>
<em><strong>comply with any such requisites shall be for each day after </strong></em>
<em><strong>conviction during which he continues to persist in his offence </strong></em>
<em><strong>with a fine not exceeding five hundred rupees. </strong></em>
<em><strong> (2) No prosecution for any offence punishable under this Act shall </strong></em>
<em><strong>be instituted except with the previous sanction of the Director. </strong></em>
<em><strong> (3) Before issuing such sanction under sub-section (2), the </strong></em>
<em><strong>Director shall give reasonable opportunity to the person </strong></em>
<em><strong>against whom the proceedings are to be instituted, to show </strong></em>
<em><strong>cause why the sanction for such prosecution shall not be </strong></em>
<em><strong>given. </strong></em>
<em><strong>(4) No court inferior to that of a Magistrate of the First Class shall </strong></em>
<em><strong>try any offence punishable under this Act. </strong></em>
<em><strong>13. The Director or any other person appointed to exercise any of </strong></em>
<em><strong>the powers or perform any of the functions under this Act </strong></em>
<em><strong>shall be deemed to be a public servant with in the meaning of </strong></em>
<em><strong>section 21 of the Indian Penal Code, 1860. </strong></em>
<em><strong>14. No suit, prosecution or other legal proceedings shall be </strong></em>
<em><strong>instituted against the Director or any person acting under the </strong></em>
<em><strong>provisions of this Act for anything which is in good faith done </strong></em>
<em><strong>or intended to be done under this Act or under the rules made </strong></em>
<em><strong>thereunder. </strong></em>
<em><strong>15. The Government may by notification and for reasons to be </strong></em>
<em><strong>recorded therin, add any other authorities to or omit any such </strong></em>
<em><strong> Director to submit audit </strong></em>
<em><strong> and review report. </strong></em>
<em><strong> Penalties </strong></em>
<em><strong> Officers and employees </strong></em>
<em><strong> of the State Audit </strong></em>
<em><strong> Department to be public </strong></em>
<em><strong> servants Central Act of </strong></em>
<em><strong> 1860. </strong></em>
<em><strong> Protection of action </strong></em>
<em><strong> taken in good faith. </strong></em>
<em><strong> Amendment of the </strong></em>
<em><strong> Schedule. authority from the Schedule and on the publication of such </strong></em>
<em><strong>notification such authority shall be deemed to be included in, </strong></em>
<em><strong>or as the case may be, omitted from the schedule. </strong></em>
<em><strong>16 (1). The Government may by notification, make rules for </strong></em>
<em><strong>carrying out all or any of the purpose of this Act. </strong></em>
<em><strong> (2) Every rule made under this Act shall immediately after it </strong></em>
<em><strong>is made be laid before the legislative Assembly of the State if </strong></em>
<em><strong>it is in sessions, and if it is not in session, in the session </strong></em>
<em><strong>immediately following for a total period of fourteen days </strong></em>
<em><strong>which may be comprised in one session or in two successive </strong></em>
<em><strong>sessions, and if ,before the expiration of the session in which </strong></em>
<em><strong>it is so laid or the session immediately following the </strong></em>
<em><strong>Legislative Assembly agrees in making any modification in </strong></em>
<em><strong>the rule or in the annulment of the rule, the rule shall, from the </strong></em>
<em><strong>date on which the modification or annulment is notified, have </strong></em>
<em><strong>effect only in such modified from or shall stand annulled as </strong></em>
<em><strong>the case may be so, however, that any such modification or </strong></em>
<em><strong>annulment shall be without prejudice to the validity or </strong></em>
<em><strong>anything previously done under that rule. </strong></em>
<em><strong>17. The Andhra Pradesh State Audit Ordinance,1989 is hereby </strong></em>
<em><strong>repealed. </strong></em>
<em><strong>Power to make rules. </strong></em>
<em><strong> Repeal of ordinance </strong></em>
<em><strong> 1 of 1989. </strong></em>
<em><strong>THE SCHEDULE </strong></em>
<em><strong>[See Section 2 (0) ] </strong></em>
<em><strong>1. All Hindu Religious and Charitable Endowments and Institutions. </strong></em>
<em><strong>2. Titrumala Tirupathi Devasthanams. </strong></em>
<em><strong>3. Andhra Pradesh Wakf Board. </strong></em>
<em><strong>4. An University established or incorporated by State enactment. </strong></em>
<em><strong>5. Andhra Pradesh Housing Board. </strong></em>
<em><strong>6. Only preaudit of Integrated Tribal Development Agency and Engineering </strong></em>
<em><strong>Division. </strong></em>
<em><strong> ( G.O. Ms.No.115 Fin &#38; Plg; dated 26-4-1995 ) 7. An Urban Development Authority Constituted under the Andhra Pradesh </strong></em>
<em><strong>Urban </strong></em>
<em><strong> (Development) Act, 1975. </strong></em>
<em><strong>8. District Rural Development Agencies. </strong></em>
<em><strong>9. A Society for Training and Employment Promotion in the State. </strong></em>
<em><strong>10. Andhra Pradesh Employees Welfare Fund. </strong></em>
<em><strong>11. All Private engineering Colleges receiving grant-in-aid from the </strong></em>
<em><strong>Government. </strong></em>
<em><strong>12. All Aided Colleges and Schools other than Government Colleges and Schools. </strong></em>
<em><strong>13. All Polytechnics, receiving aid from the Government. </strong></em>
<em><strong>14. Aided Women Hostels and other institutions other than Government under </strong></em>
<em><strong>the Women </strong></em>
<em><strong> Welfare Department. </strong></em>
<em><strong>15. Telugu and Urdu Academies. </strong></em>
<em><strong>16. Ravindra Bharathi. </strong></em>
<em><strong>17. All Official Receivers. </strong></em>
<em><strong>18. Parakala Seshavatharam Andhra Pradesh State Chamber of Panchayati Raj. </strong></em>
<em><strong>19. All District Chambers of Panchayati Raj. </strong></em>
<em><strong>20. Medical Lending Libraries at Visakhapatnam, East Godawari,West </strong></em>
<em><strong> Godavari, Guntur, Chittoor, Kurnool and Warangal Districts. </strong></em>
<em><strong>21. District Sailors and Soldiers Board at East Godavari, West Godavari, </strong></em>
<em><strong> Krishna, Guntur, Nellore, Chittoor, Anantapur, Cuddapah, Kurnool, and </strong></em>
<em><strong> Ranga Reddy Districts. </strong></em>
<em><strong>22. T.B. Sanitorium in Chittoor Districts. </strong></em>
<em><strong>23. Prize Endowments in East Godavari, Chittoor and Anantapur Districts </strong></em>
<em><strong>24. N.C.C.Trophy, Anantapur. 25. District Leprosy Fund, Anantapur. </strong></em>
<em><strong>26. Andhra Pradesh Medical Council, Hyderabad. </strong></em>
<em><strong>27. Andhra Pradesh Medical pharmacy Council, Hyderabad.</strong></em>
<em><strong>28. Andhra Pradesh Medical Residential Educational Institutions Society, </strong></em>
<em><strong> Hyderabad. </strong></em>
<em><strong>29. Official Trustee, Hyderabad. </strong></em>
<em><strong>30. Andhra Pradesh Bhoodana Yagna board, Hyderabad. </strong></em>
<em><strong>31. Aradhana Magazine. </strong></em>
<em><strong>32. Andhra Pradesh State Council of Higher Education. </strong></em>
<em><strong>33. Andhra Pradesh Dental Council. </strong></em>
<em><strong> P.V.VIDYA SAGAR, </strong></em>
<em><strong> Secretary to Government, </strong></em>
<em><strong> Law and Legislative Affairs </strong></em>
<em><strong> Law Department. </strong></em></pre>
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<title><![CDATA[Food Safety and Standards Rules, 2011]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/23/food-safety-and-standards-rules-2011/</link>
<pubDate>Sun, 23 Oct 2011 13:41:28 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/23/food-safety-and-standards-rules-2011/</guid>
<description><![CDATA[MINISTRY OF HEALTH AND FAMILY WELFARE Image via Wikipedia (Department Of Health and Family Welfare)]]></description>
<content:encoded><![CDATA[<pre><em><strong><a class="zem_slink" title="Ministry of Health and Family Welfare (India)" href="http://www.mohfw.nic.in/welcome.html" rel="homepage">MINISTRY OF HEALTH AND FAMILY WELFARE</a></strong></em></pre>
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<div class="wp-caption alignright" style="width: 150px"><a href="http://commons.wikipedia.org/wiki/File:Food_Safety_1.svg"><img class="zemanta-img-configured" title="Template for Template:Food safety" src="http://upload.wikimedia.org/wikipedia/commons/thumb/6/6d/Food_Safety_1.svg/140px-Food_Safety_1.svg.png" alt="Template for Template:Food safety" width="140" height="180" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre><em><strong></strong></em>
<em><strong>(<a class="zem_slink" title="Health department" href="http://en.wikipedia.org/wiki/Health_department" rel="wikipedia">Department Of Health</a> and Family Welfare)</strong></em>
<em><strong> <a class="zem_slink" title="New Delhi" href="http://maps.google.com/maps?ll=28.6138888889,77.2088888889&#38;spn=0.01,0.01&#38;q=28.6138888889,77.2088888889 (New%20Delhi)&#38;t=h" rel="geolocation">New Delhi</a>, dated the 5 May, 2011</strong></em>
<em><strong>Notification</strong></em>
<em><strong>G.S.R.362(E) Whereas Central Government proposes to make draft <a class="zem_slink" title="Food safety" href="http://en.wikipedia.org/wiki/Food_safety" rel="wikipedia">Food Safety</a> and Standards Rules, 2011, in exercise of</strong></em>
<em><strong>the powers conferred by section 91 of Food Safety and Standards Act, 2006 (34 of 2006), read with the sections</strong></em>
<em><strong>5,7,30,36,37,38,39,40,41,43,45,46,47,68,70,71,73,74,75,76,77,78,81,82,83 and 84 which have been notified by the Government</strong></em>
<em><strong>of India vide SO 1855 (E) dated 29</strong></em>
<em><strong>th</strong></em>
<em><strong> July, 2010, and</strong></em>
<em><strong>Whereas these draft rules have been pubished at 1 to 68 in <a class="zem_slink" title="The Gazette of India" href="http://en.wikipedia.org/wiki/The_Gazette_of_India" rel="wikipedia">the Gazette of India</a> Extraordinary Part II – Sec. 3 (i) dated</strong></em>
<em><strong>19</strong></em>
<em><strong>th</strong></em>
<em><strong> January, 2011 under the notification of Government of India in the Ministry of Health and Family Welfare no G.S.R 39</strong></em>
<em><strong>(E) dated the 19</strong></em>
<em><strong>th</strong></em>
<em><strong> January, 2011 inviting objections and suggestions from all persons likely to be affected thereby before</strong></em>
<em><strong>the expiry of period of thirty days from the date on which the copies of the said Gazette containing the said notification</strong></em>
<em><strong>were made available to the public;</strong></em>
<em><strong>And whereas the copies of the Gazette were made available to the public on the 20</strong></em>
<em><strong>th</strong></em>
<em><strong> January, 2011.</strong></em>
<em><strong>And whereas objections and suggestions received from the public within the specified period on the said draft Rules have</strong></em>
<em><strong>been considered by the Central Government.</strong></em>
<em><strong>Now therefore, in exercise of the power conferred by section 91 of the said Act, the Central Government hereby makes the</strong></em>
<em><strong>following Rules namely:—</strong></em>
<em><strong>Food Safety and Standards Rules, 2011</strong></em>
<em><strong>CHAPTER 1</strong></em>
<em><strong>GENERAL</strong></em>
<em><strong>1.1: Title and commencement</strong></em>
<em><strong>1.1.1: These rules may be called the Food Safety and Standards Rules, 2011.</strong></em>
<em><strong>1.1.2: They shall come into force after three months from the date of their publication in the official Gazette.</strong></em>
<em><strong>1.2: Definitions</strong></em>
<em><strong>1.2.1: In these rules, unless the context otherwise requires,</strong></em>
<em><strong>1. “Act” means the Food Safety and Standards Act, 2006 (Act 34 of 2006) ;</strong></em>
<em><strong>2. “Adjudicating Officer” means the Adjudicating Officer appointed under sub-section (1) of section 68 of the</strong></em>
<em><strong>Act.</strong></em>
<em><strong>3. “Advocate” means a person who is entitled to practice the profession of law under the Advocates Act, 1961</strong></em>
<em><strong>(25 of 1961)</strong></em>
<em><strong>4. “Appellate Tribunal” means the Food Safety Appellate Tribunal constituted under section 70 of the Act.</strong></em>
<em><strong>5. “Authorised Officer” means an officer authorized by the Food Authority referred in the sub-section (5) of</strong></em>
<em><strong>section 47 of the Act.</strong></em>
<em><strong>6. “Inquiry” means the inquiry referred to in section 68.</strong></em>
<em><strong>7. “Licensing Authority” means the <a class="zem_slink" title="Designated (landmarks)" href="http://en.wikipedia.org/wiki/Designated_%28landmarks%29" rel="wikipedia">Designated</a> Officer appointed under section 36 of the Act for the local area</strong></em>
<em><strong>and includes any other officer so appointed for the purpose of granting license by the Commissioner of Food Safety.</strong></em>
<em><strong>8. “Notified laboratory” means any of the laboratories notified by the Food Authority under sub-sections (1)</strong></em>
<em><strong>and (2) of section 43 of the Act.</strong></em>
<em><strong>9. “<a class="zem_slink" title="Presiding Officer of the United States Senate" href="http://en.wikipedia.org/wiki/Presiding_Officer_of_the_United_States_Senate" rel="wikipedia">Presiding Officer</a>” means a person appointed as Presiding Officer of the Appellate Tribunal under section</strong></em>
<em><strong>70 of the Act.</strong></em>
<em><strong>10. “Referral laboratory” means any of the laboratories established and/or recognized by the Food Authority</strong></em>
<em><strong>by notification under sub section (2) of section 43 of the Act.¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 37</strong></em>
<em><strong>11. “<a class="zem_slink" title="Registrar (academic)" href="http://en.wikipedia.org/wiki/Registrar_%28academic%29" rel="wikipedia">Registrar</a>” means the Registrar of the Appellate Tribunal and includes an officer of such Appellate</strong></em>
<em><strong>Tribunal who is authorized by the Presiding Officer to function as Registrar</strong></em>
<em><strong>12. “Registry” means the registry of the Appellate Tribunal</strong></em>
<em><strong>13. “Rules” means the Food Safety and Standards Rules, 2011.</strong></em>
<em><strong>CHAPTER 2</strong></em>
<em><strong> ENFORCEMENT STRUCTURE AND PROCEDURES</strong></em>
<em><strong>2.1 - Qualification and duties</strong></em>
<em><strong>2.1.1: Commissioner of Food Safety:</strong></em>
<em><strong>1. Qualification: No person below the rank of “Commissioner and Secretary” to <a class="zem_slink" title="State government" href="http://en.wikipedia.org/wiki/State_government" rel="wikipedia">State Government</a> shall be</strong></em>
<em><strong>eligible to be appointed as the Commissioner of Food Safety.</strong></em>
<em><strong>2. Powers and Duties: Powers and duties of the Commissioner of Food Safety shall be as provided in the</strong></em>
<em><strong>section 30 (2) of Food Safety and Standards Act, 2006.</strong></em>
<em><strong>2.1.2: Designated Officer</strong></em>
<em><strong>1. Qualification</strong></em>
<em><strong>(i) The Designated Officer shall be a whole time Officer, not below the rank of Sub-Divisional Officer or</strong></em>
<em><strong>equivalent and shall possess a minimum of bachelors’ degree in Science with chemistry as one of the subjects</strong></em>
<em><strong>or at least one of the educational qualifications prescribed for the Food Safety Officer under these Rules.</strong></em>
<em><strong>(ii) He shall Undergo training as may be specified by the Food Authority, within a period of six months</strong></em>
<em><strong>from the date of his appointment as Designated Officer.</strong></em>
<em><strong>(iii) (a) persons having been appointed as food Inspector having qualification prescribed under</strong></em>
<em><strong>the PFA Rules, 1955 or as Local Health Authority shall be eligible for appointment as Designated Officer,</strong></em>
<em><strong>subject to fulfilling such other conditions as may be prescribed for the post of Designated Officer by the</strong></em>
<em><strong>State Government.</strong></em>
<em><strong>(b) At the time of commencement of these rules, the post of designated Officer is held by any other</strong></em>
<em><strong>officer of equivalent rank as additional charge basis such other officer shall continue to hold such</strong></em>
<em><strong>additional charge till such time a whole time Designated Officer is appointed or for a period of one year</strong></em>
<em><strong>whichever is earlier.</strong></em>
<em><strong>2. Powers and duties:</strong></em>
<em><strong>(i) The powers and duties of the Designated Officer shall be as mentioned in section 36 (3) of FSS Act,</strong></em>
<em><strong>2006.</strong></em>
<em><strong>(ii) The Designated officer shall function under overall supervision of collector/ District Magistrate of</strong></em>
<em><strong>the District.</strong></em>
<em><strong>(iii) The Designated Officer shall, in addition to the powers specified in Section 36 (3) of FSS Act, 2006,</strong></em>
<em><strong>also ensure the refund of fee for analysis paid by the purchaser as per the provision of Section 40 (1), besides</strong></em>
<em><strong>the cost of the sample</strong></em>
<em><strong>(iv) The Designated Officer shall ensure timely disposal of redundant samples, in the manner notified</strong></em>
<em><strong>for the seized materials, by the Commissioner of Food Safety.</strong></em>
<em><strong>(v) Without prejudice to anything contained in the aforesaid Rules, the Designated Officer shall have all</strong></em>
<em><strong>administrative powers which may include suspension, cancellation or revocation of the license of the Food</strong></em>
<em><strong>Business Operator in case any threat or grave injury to public, has been noticed in the report of the Food</strong></em>
<em><strong>Analyst,</strong></em>
<em><strong>Provided that while taking such administrative action the procedure described in the Act and Regulations</strong></em>
<em><strong>shall be followed.</strong></em>
<em><strong>2.1.3: Food Safety Officer</strong></em>
<em><strong>1. Qualification: Food Safety Officer shall be a whole time officer and shall, on the date on which he is so</strong></em>
<em><strong>appointed possesses the following:38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>(i) a degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural</strong></em>
<em><strong>Science or Veterinary Sciences or Bio-Chemistry or Microbiology or Masters Degree in Chemistry or degree</strong></em>
<em><strong>in medicine from a recognized University, or</strong></em>
<em><strong>(ii) any other equivalent/recognized qualification notified by the Central Government, and</strong></em>
<em><strong>(iii) has successfully completed training as specified by the Food Authority in a recognized institute or</strong></em>
<em><strong>Institution approved for the purpose.</strong></em>
<em><strong>Provided that no person who has any financial interest in the manufacture, import or sale of any article of food</strong></em>
<em><strong>shall be appointed to be a Food Safety Officer under this rule</strong></em>
<em><strong>2. On the date of commencement of these Rules, a person who has already been appointed as a Food</strong></em>
<em><strong>Inspector under the provisions of Prevention of Food Adulteration Act, 1954, may perform the duties of the Food</strong></em>
<em><strong>Safety Officer if notified by the state/Central government if the officer fulfils such other conditions as may be</strong></em>
<em><strong>prescribed for the post of Food Safety Officer by the State Government.</strong></em>
<em><strong>3. State Government may, in cases where a Medical Officer of health administration of local area has been</strong></em>
<em><strong>performing the function of food Inspector under the Prevention of Food Adulteration Act, 1954, assign the powers</strong></em>
<em><strong>and duties of Food Safety Officer to such Medical Officer in charge of health administration of that area.</strong></em>
<em><strong>Provided further that the persons appointed under clauses 2 and 3 above, shall undergo a specialized training laid</strong></em>
<em><strong>down by the Food Authority within a period of two years from the commencement of these rules.</strong></em>
<em><strong>4. Powers and Duties:</strong></em>
<em><strong>(i) Without prejudice to the powers conferred on him under section 38 of the Act, where the Food Safety</strong></em>
<em><strong>Officer is of the opinion or he has reason(s) to be recorded in writing that in the given situation it is not</strong></em>
<em><strong>possible to comply with the provision of section 38 (1) (c) or the proviso to section 38(1) for reasons like non</strong></em>
<em><strong>availability of the Food Business Operator, the Food Safety Officer may seize the adulterant or food which is</strong></em>
<em><strong>unsafe or sub-standard or mis-branded or containing extraneous matter, may seal the premises for investigation</strong></em>
<em><strong>after taking a sample of such adulterant or food for analysis.</strong></em>
<em><strong>(ii) Where the Food Safety Officer is of the opinion or he has reason(s) to believe that any person</strong></em>
<em><strong>engaged in selling, handling or manufacturing any article of food is suffering from or harbouring the germs of</strong></em>
<em><strong>any infectious disease, he may cause such person to be examined by a qualified medical professional duly</strong></em>
<em><strong>authorized by the Designated Officer.</strong></em>
<em><strong>Provided that where such person is a female, she shall be examined by a qualified lady medical professional</strong></em>
<em><strong>duly authorized by the Designated Officer.</strong></em>
<em><strong>If on such examination the qualified medical professional certifies that such person is suffering from any</strong></em>
<em><strong>such disease, the Food Safety Officer may by order in writing under intimation to the Designated Officer direct</strong></em>
<em><strong>such person not to take part in selling or manufacturing any article of food.</strong></em>
<em><strong>(iii) Furthermore, it shall be the duty of the Food Safety Officer</strong></em>
<em><strong>(a) To inspect, as frequently as may be prescribed by the Designated Officer, all food establishments</strong></em>
<em><strong>licensed for manufacturing, handling, packing or selling of an article of food within the area assigned to</strong></em>
<em><strong>him;</strong></em>
<em><strong>(b) To satisfy himself that the conditions of licenses are being complied with by each of the Food</strong></em>
<em><strong>Business Operators carrying on business within the area assigned to him and report to the Designated</strong></em>
<em><strong>Officer;</strong></em>
<em><strong>(c) To procure and send for analysis if necessary, samples of any article of food which he has</strong></em>
<em><strong>reason to believe or on the basis of information received including from a purchaser are being</strong></em>
<em><strong>manufactured, stocked or sold or exhibited for sale in contravention of the provisions of the Act, or</strong></em>
<em><strong>rules and regulations framed thereunder</strong></em>
<em><strong>(d) To draw samples for purposes of surveillance, survey and research, which shall not be used</strong></em>
<em><strong>for prosecution</strong></em>
<em><strong>(e) To investigate any complaint which may be made to him in writing in respect of any contravention</strong></em>
<em><strong>of the provisions of the Act, or rules framed thereunder;</strong></em>
<em><strong>(f) To maintain a data base of all Food Business within the area assigned to him;¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 39</strong></em>
<em><strong>(g) To recommend Desidnated Officer to issue of improvement notices to the Food Business</strong></em>
<em><strong>Operator whenever necessary;</strong></em>
<em><strong>(h) To maintain a record of all inspections made and action taken by him in the performance of his</strong></em>
<em><strong>duties, including the taking of samples and seizure of stocks, and to submit copies of such records to</strong></em>
<em><strong>the Designated Officer as directed in this regard;</strong></em>
<em><strong>(i) To make such inquiries and inspections as may be necessary to detect the manufacture,</strong></em>
<em><strong>storage or sale of articles of food in contravention of the Act or rules framed thereunder;</strong></em>
<em><strong>(j) To stop and inspect any vehicle suspected to contain any unsafe food or food which does not</strong></em>
<em><strong>comply with the provisions of this Act and rules, intended for sale or delivery for human consumption;</strong></em>
<em><strong>(k) To recommend to the Designated Officer giving specific grounds, suitable action in regard to</strong></em>
<em><strong>licenses issued to any Food Business Operator, if on inspection the Food Safety Officer finds that the</strong></em>
<em><strong>Food Business Operator had violated the conditions for grant of license;</strong></em>
<em><strong>(l) To carry out food safety surveillance to identify and address the safety hazards</strong></em>
<em><strong>(m) To respond to incidents of food poisoning in his area and to send report to and assist the</strong></em>
<em><strong>Designated Officer to enable him to initiate corrective action;</strong></em>
<em><strong>(n) To facilitate preparation of Food safety plans for Panchayat and Municipalities in accordance</strong></em>
<em><strong>with the parameters and guidelines given in schedule IV of Chapter 3 of Regulations.</strong></em>
<em><strong>(o) To detain imported packages which are suspected to contain articles of food, the import or sale</strong></em>
<em><strong>of which is prohibited;</strong></em>
<em><strong>(p) To coordinate with the Food Business Operators within his area of operation and facilitate the</strong></em>
<em><strong>introduction of food safety systems by the Food Business Operators.</strong></em>
<em><strong>(q) To perform such other duties, as may be entrusted to him by the Designated Officer or Food</strong></em>
<em><strong>Safety Commissioner having jurisdiction in the local area concerned.</strong></em>
<em><strong>2.1.4: Food Analyst</strong></em>
<em><strong>1. Qualification: A person shall not be qualified for appointment as Food Analyst under the Act unless she/</strong></em>
<em><strong>he:-</strong></em>
<em><strong>(i) Holds a Master’s degree in Chemistry or Biochemistry or microbiology or Dairy Chemistry or Food</strong></em>
<em><strong>Technology, Food and Nutrition or holds Bachelor of Technology in Dairy/Oil or holds degree in Veterinary</strong></em>
<em><strong>Sciences from a university established in India by law or is an associate of the Institution of Chemists (India)</strong></em>
<em><strong>by examination in the section of Food Analysts conducted by the Institution of Chemists (India) or any other</strong></em>
<em><strong>equivalent qualification recognized and notified by the Central government for such purposes and has not</strong></em>
<em><strong>less than three years experience in the analysis of food; and</strong></em>
<em><strong>(ii) Has been declared qualified for appointment as a Food Analyst by a board appointed and notified</strong></em>
<em><strong>by the Authority</strong></em>
<em><strong>Notwithstanding anything contained above,</strong></em>
<em><strong>(a) any person who has been declared qualified for appointment as Public Analyst by the board</strong></em>
<em><strong>constituted under Prevention of Food Adulteration Act, 1954 shall also be eligible for holding the post</strong></em>
<em><strong>of Food Analyst.</strong></em>
<em><strong>(b) any person who is a Public Analyst under the provisions of Prevention of Food Adulteration</strong></em>
<em><strong>Act, 1954 on the date of commencement of these Rules, may hold office of the Food Analyst subject to</strong></em>
<em><strong>the terms and conditions of service applicable to such person.</strong></em>
<em><strong>A person appointed as Food Analyst shall undergo all specialized training programmes specified by</strong></em>
<em><strong>the Food Authority periodically.</strong></em>
<em><strong>2. Duties:</strong></em>
<em><strong>(i) The Food Analyst shall analyse or cause to be analysed the article of food sent to him for analysis.</strong></em>
<em><strong>In analyzing the article of food, the Food Analyst shall follow such instructions and shall adhere to such</strong></em>
<em><strong>procedure as adopted by the Food Authority from time to time. The report of analysis shall be signed by the</strong></em>
<em><strong>Food Analyst40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>(ii) After completion of analysis of article of food, the Food Analyst shall send his report to the</strong></em>
<em><strong>Designated Officer, the Purchaser of article of food, as the case may be, in Form VII A.</strong></em>
<em><strong>2.2 - Procedure of taking extracts of documents and matters connected therewith</strong></em>
<em><strong>2.2.1: Manner of taking extracts</strong></em>
<em><strong>1. Where the Food Safety Officer has seized any books of account and other relevant relevant documents in</strong></em>
<em><strong>exercise of powers conferred upon him under sub-section (6) of section 38 of the Act, he shall return the same to the</strong></em>
<em><strong>person from whom they were seized within a period not exceeding thirty days from the date of such seizure</strong></em>
<em><strong>Provided that before returning the books of account and other documents, the Food Safety Officer shall be</strong></em>
<em><strong>entitled for copies thereof or extracts there from, as the case may be.</strong></em>
<em><strong>2. On receipt of such communication from the Food Safety Officer, the person from whom the books of</strong></em>
<em><strong>account and documents were seized shall provide the copies or extracts as the case may be, duly authenticated by</strong></em>
<em><strong>the Food Business Operator.</strong></em>
<em><strong>3. The extracts shall be taken by the Food Safety Officer or by any person authorized by him.</strong></em>
<em><strong>4. The person making the extracts shall not in any manner cause dislocation, mutilation, tampering or damage</strong></em>
<em><strong>to the records in the course of making extracts.</strong></em>
<em><strong>5. The person making extracts shall not make any marking on any record or paper.</strong></em>
<em><strong>2.2.2 Affidavit</strong></em>
<em><strong>1. The extracts or the copies referred to in Rule 2.2.1 above, shall be initialed on each page of such extracts or</strong></em>
<em><strong>copies by the person from whom the books of account and other documents were seized and such extracts or copies</strong></em>
<em><strong>so authenticated shall be provided to the Food Safety Officer, accompanied by an Affidavit in Form I of the person</strong></em>
<em><strong>from whom the books of account and other documents were seized, certifying the authenticity of such extracts or</strong></em>
<em><strong>copies.</strong></em>
<em><strong>2.3 - Seizure of articles of food by the Food Safety Officer and matters connected therewith</strong></em>
<em><strong>2.3.1.: Form of receipt for article of food seized by a Food Safety officer– For every article of food seized under</strong></em>
<em><strong>clause (b) of sub-section 1 of Section 38 of the Act, a receipt in Form II shall be given by the Food Safety Officer to</strong></em>
<em><strong>the person from whom the article of food was seized.</strong></em>
<em><strong>2.3.2 Form of order/bond not to dispose of the stock: Where the Food Safety Officer keeps any article of food</strong></em>
<em><strong>in the safe custody of the Food Business Operator under clause (c) of sub-section (1) of Section 38 of the Act.</strong></em>
<em><strong>1. he shall, after affixing the seal, on the article of food, make an order to the Food Business Operator in</strong></em>
<em><strong>Form III and the Food Business Operator shall comply with such an order, and</strong></em>
<em><strong>2. he may require the Food Business Operator to execute a bond in Form IV.</strong></em>
<em><strong>2.4: Sampling and Analysis</strong></em>
<em><strong>2.4.1: Procedure for taking sample and manner of sending it for analysis –</strong></em>
<em><strong>The Food Safety Officer while taking sample of food for analysis under clause A of Sub Section 1 of Section</strong></em>
<em><strong>38 and Section 47 (except 47 (5)) of the Act, shall also follow the procedure specified hereunder;-</strong></em>
<em><strong>1. shall call one or more witnesses at the time of lifting of the samples</strong></em>
<em><strong>2. Obtain the signatures from the witnesses in all the forms and documents prepared</strong></em>
<em><strong>3. Serve the notice in Form V A to the business operator then and there</strong></em>
<em><strong>4. in case the food business operator discloses that the product has been obtained from the manufacturer,</strong></em>
<em><strong>the distributor or supplier, a notice shall also be given to such manufacturer, distributor or supplier,</strong></em>
<em><strong>5. in case where the sample is drawn from an open container, the person drawing the sample shall also</strong></em>
<em><strong>draw a sample from a container in original condition of the same article bearing the same declaration, if such</strong></em>
<em><strong>container is available, and intimate the same to the Food Analyst.</strong></em>
<em><strong>6. Where a Food Safety Officer or the purchaser takes a sample of an article of food for analysis, he shall</strong></em>
<em><strong>pay, the cost of such sample, to the person from whom the sample is taken, calculated at the rate at which the</strong></em>
<em><strong>article is sold to the public.¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 41</strong></em>
<em><strong>7. Sample of article of Food for the purpose of analysis shall be taken in clean dry bottles or jars or in</strong></em>
<em><strong>other suitable containers which shall be closed to prevent leakage, evaporation or to avoid entrance of</strong></em>
<em><strong>moisture in case of dry substance and shall be carefully sealed.</strong></em>
<em><strong>Provided, if a sealed package marketed by the manufacturer/Food Business Operator is taken as sample,</strong></em>
<em><strong>further sealing in separate containers will not be required.</strong></em>
<em><strong>8. All bottles or jars or other containers containing the samples for analysis shall be properly labeled and</strong></em>
<em><strong>the parcel shall be properly addressed. The label on any sample of food sent for analysis shall bear</strong></em>
<em><strong>I. Code number of the sample</strong></em>
<em><strong>II. Name of the sender with his official designation</strong></em>
<em><strong>III. Date and place of collection</strong></em>
<em><strong>IV. Nature of articles being sent for analysis</strong></em>
<em><strong>V. Nature and quantity of preservative, if any, added to the sample.</strong></em>
<em><strong>9. The samples will be packed and sealed in the manner prescribed hereunder :</strong></em>
<em><strong>(i) Sample shall be divided into four parts or take four already sealed packages and mark and seal</strong></em>
<em><strong>or fasten up each part in such a manner as its nature permits and take the signature or thumb impression</strong></em>
<em><strong>of the person from whom the sample has been taken on the label mentioned in 2.4.1.8</strong></em>
<em><strong>(ii) The stopper/cap shall first be securely fastened so as to prevent leakage of the contents in</strong></em>
<em><strong>transit</strong></em>
<em><strong>(iii) The bottle, jar or other container shall then be completely wrapped in fairly strong thick paper.</strong></em>
<em><strong>The ends of the paper shall be neatly folded in and affixed by means of gum or other adhesive.</strong></em>
<em><strong>(iv) A paper slip of the size that goes round completely from the bottom to top of the container,</strong></em>
<em><strong>bearing the signature of the Designated Officer or any officer authorized by Food Safety commissioner</strong></em>
<em><strong>and code number of the sample, shall be pasted on the wrapper. The signature or thumb impression of</strong></em>
<em><strong>the person from whom the sample has been taken, shall be affixed in such a manner that the paper slip</strong></em>
<em><strong>and the wrapper both carry a part of this signature or the thumb impression</strong></em>
<em><strong>Provided that in case the person from whom the sample is taken refuses to affix his signature or</strong></em>
<em><strong>thumb impression, the signature or thumb impression of one or more witnesses shall be taken in the</strong></em>
<em><strong>same manner</strong></em>
<em><strong>Provided further that in case the paper slip containing the signature of the Designated Officer is</strong></em>
<em><strong>of such a size that it does not cover completely from the bottom to the top of the container, the Food</strong></em>
<em><strong>Safety Officer shall affix additional sheet/s of paper to the slip containing the signature of the Designated</strong></em>
<em><strong>Officer so as to cover the container completely and the Food Safety Officer shall affix his signature on</strong></em>
<em><strong>each of the joints for the purpose of identification.</strong></em>
<em><strong>Provided also further that where the purchaser or an Authorized Officer draws the sample no such</strong></em>
<em><strong>paper slip shall be required to be affixed</strong></em>
<em><strong>(v) The paper cover shall be further secured by means of strong twine or thread both above and</strong></em>
<em><strong>across the bottle, jar or other container and the twine or thread shall then be fastened on the paper cover</strong></em>
<em><strong>by means of sealing wax on which there shall be distinct and clear impression of the seal of the sender,</strong></em>
<em><strong>of which one shall be at the top of the packet, one at the bottom and the other two on the body of the</strong></em>
<em><strong>packet. The knots of the twine or thread shall be covered by means of sealing wax bearing the impression</strong></em>
<em><strong>of the seal of the sender.</strong></em>
<em><strong>10. The containers of the samples shall be dispatched forthwith in the following manner</strong></em>
<em><strong>(i) the sealed container of one part of the sample for analysis along with memorandum in Form VI</strong></em>
<em><strong>shall be sent in a sealed packet to the Food Analyst under appropriate condition to retain the integrity</strong></em>
<em><strong>of the sample.</strong></em>
<em><strong>(ii) the sealed container of the second and third parts of the sample and two copies of memorandum</strong></em>
<em><strong>in Form VI shall be sent to the Designated Officer by any suitable means and</strong></em>
<em><strong>(iii) the sealed container of the remaining fourth part of the sample and a copy of memorandum in</strong></em>
<em><strong>Form VI shall be sent to an accredited laboratory along with fee prescribed by the Authority, if so</strong></em>
<em><strong>requested by the Food Business Operator, under intimation to the Designated Officer42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>Provided that fourth part also shall be deposited with Designated Officer if Food business Operator</strong></em>
<em><strong>does not request to send the sample to an accredited lab.</strong></em>
<em><strong>(iv) for lifting a sample for testing microbiological parameters, the method of lifting sample, type</strong></em>
<em><strong>of container, temperature to be maintained, method of transportation and any other condition to maintain</strong></em>
<em><strong>the integrity of the sample shall be notified by the Food Authority from time to time.</strong></em>
<em><strong>11. The Food Safety Officer shall send to the Food Analyst to whom the sealed container of first part of</strong></em>
<em><strong>the sample was sent, a copy of the memorandum and specimen impression of the seal used to seal the packet</strong></em>
<em><strong>and the same shall be sent forthwith.</strong></em>
<em><strong>12. The Food Safety Officer or the Authorized Officer, while taking sample for the purpose of analysis</strong></em>
<em><strong>under the provisions of the Act except in the case where the sample is meant for microbiological testing/</strong></em>
<em><strong>analysis, may add to the sample, a preservative as may be prescribed from time to time in the regulations for</strong></em>
<em><strong>the purpose of maintaining it in a condition suitable for analysis.</strong></em>
<em><strong>13. Whenever any preservative is added to a sample, the nature and quantity of the preservative added</strong></em>
<em><strong>shall be clearly noted on the label to be affixed to the container.</strong></em>
<em><strong>14. The quantity of sample of food to be sent to the Food Analyst / Referral lab for analysis shall be as</strong></em>
<em><strong>specified in regulations by the Food Authority:</strong></em>
<em><strong>Explanation: Foods sold in packaged condition (sealed container or package) shall be sent for analysis</strong></em>
<em><strong>in its original condition without opening the package as far as practicable, to constitute approximate quantity</strong></em>
<em><strong>along with original label. In case of bulk packages, wherever preservatives are to be added as per the requirement</strong></em>
<em><strong>under these rules, the sample shall be taken after opening sealed container or package in the presence of the</strong></em>
<em><strong>Food Business Operator or in case of his refusal, in the presence of one or more witnesses and the contents</strong></em>
<em><strong>of the original label shall also be sent along with the sample for analysis. However, such samples shall not be</strong></em>
<em><strong>used for microbiological analysis</strong></em>
<em><strong>15. Where food is sold or stocked for sale or for distribution in sealed containers having identical label</strong></em>
<em><strong>declaration, the contents of one or more of such containers as may be required to satisfy the quantity</strong></em>
<em><strong>prescribed, shall be treated to be a part of the sample.</strong></em>
<em><strong>16. The quantity of sample of food packaging material to be sent to the Food Analyst /Director of referral</strong></em>
<em><strong>lab for analysis shall be as specified below:-</strong></em>
<em><strong>Name of food packaging material Approximate quantity/surface area to be supplied</strong></em>
<em><strong>1. Food packaging material when sample is 8 x 1000 x 9 sq.cm. surface area.”</strong></em>
<em><strong>taken from manufacturer.</strong></em>
<em><strong>2. When sample is taken from small consumer Complete packaging material used for one container.</strong></em>
<em><strong>packages.</strong></em>
<em><strong>17. Notwithstanding anything contained in Rule 2.4.1 (15) the quantity of sample sent for analysis</strong></em>
<em><strong>shall be considered as sufficient unless the Food Analyst reports to the contrary.</strong></em>
<em><strong>For the purpose of the Rule 2.4.1, if the sample is taken for Surveillance purposes, the procedure</strong></em>
<em><strong>illustrated under this rule shall not be followed</strong></em>
<em><strong>2.4.2. Analysis of food samples by Food Analyst</strong></em>
<em><strong>1. On receipt of the package containing a sample of food for analysis, the Food Analyst or an officer authorized</strong></em>
<em><strong>by him shall compare the seals on the container and the outer cover with specimen impression of seal received</strong></em>
<em><strong>separately and shall note the condition of the seal thereon.</strong></em>
<em><strong>2. Food laboratories including mobile food laboratories wherever required, may be established or notified by</strong></em>
<em><strong>the Central/State Government for the purpose of testing food samples received from the Food Safety Officer/</strong></em>
<em><strong>purchaser.</strong></em>
<em><strong>3. If the sample container received by the Food Analyst is found to be in broken condition or unfit for analysis,</strong></em>
<em><strong>he shall, within a period of seven days from the date of receipt of such sample, inform the Designated Officer about</strong></em>
<em><strong>the same and request him to send the second part of the sample for analysis.¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 43</strong></em>
<em><strong>4. On receipt of requisition from the Food Analyst pursuant to Rule 2.4.2 (3) the Designated Officer, shall by</strong></em>
<em><strong>the succeeding working day, dispatch to the Food Analyst for analysis one part of the samples sent to him by the</strong></em>
<em><strong>Food Safety Officer.</strong></em>
<em><strong>5. On receipt of the sample, the Food Analyst shall analyse or cause to be analysed the sample and send the</strong></em>
<em><strong>analysis report mentioning the method of analysis. The analysis report shall be as per Form VII A and four copies</strong></em>
<em><strong>of the same shall be sent to the Designated Officer under whose jurisdiction the Food Safety Officer functions or the</strong></em>
<em><strong>purchaser of article of food. The analysis report shall be signed by the Food Analyst and such report shall be sent</strong></em>
<em><strong>within fourteen days of the receipt of the sample by the Food Analyst.</strong></em>
<em><strong>6. The Designated Officer shall keep two copies of analysis report for further action, one copy shall be sent to</strong></em>
<em><strong>Food Safety Officer for record and one copy to Food business Operator from whom the sample was taken.</strong></em>
<em><strong>Provided that in case the sample cannot be analysed within fourteen days of its receipt, the Food Analyst</strong></em>
<em><strong>shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specifying the time to</strong></em>
<em><strong>be taken for analysis.</strong></em>
<em><strong>7. The manuals of the method of analysis, as amended/adopted by the Authority from time to time including</strong></em>
<em><strong>AOAC/ ISO/Pearson’s/Jacob/IUPAC/Food Chemicals CODEX/BIS/Woodmen/Winton-Winton/Joslyn, shall be used</strong></em>
<em><strong>for analyzing the samples of food articles. However, in case the method for analyzing any parameter is not available</strong></em>
<em><strong>in these manuals, a validated method of analysis prescribed by internationally recognized/analytical/regulatory</strong></em>
<em><strong>agencies, shall be adopted</strong></em>
<em><strong>2.4.3: Action by Designated Officer on the report of Food Analyst.</strong></em>
<em><strong> If, after considering the report, the Designated Officer is of the opinion for reason(s) to be recorded in</strong></em>
<em><strong>writing, that the report delivered by the Food Analyst under Rule 2.4.2 (5) is erroneous, he shall forward one of the</strong></em>
<em><strong>parts of the sample kept by him to referral laboratory, for analysis and if the analysis report of such referral</strong></em>
<em><strong>laboratory is to the effect that the article of food is unsafe or sub-standard or mis-branded or containing extraneous</strong></em>
<em><strong>matter, the provisions of Rule 3.1 shall, so far as may be, apply.</strong></em>
<em><strong>2.4.4: Purchasers may have the food analysed</strong></em>
<em><strong>1. A Purchaser of food article may, if he so desires, have the article analysed by the Food Analyst according</strong></em>
<em><strong>to the procedure notified by the Food Authority.</strong></em>
<em><strong>2. If the Purchaser desires to have the food article purchased by him to be analysed by the Food Analyst, he</strong></em>
<em><strong>shall give a notice in writing, then and there, in Form V B of his intention to have it so analysed to the person from</strong></em>
<em><strong>whom he has purchased the food article.</strong></em>
<em><strong>3. The provisions of Rule 2.4.1 shall mutatis mutandis apply except 2.4.1 (9) (i, iv) , 10 (ii, iii), 11, and 16 and</strong></em>
<em><strong>with the modification that the samples shall be divided into two parts or two already sealed packages will be taken</strong></em>
<em><strong>each of which will be marked and sealed or fastened up in such a manner as its nature permits and the signature or</strong></em>
<em><strong>thumb impression of the person from whom the sample has been taken or a witness will be affixed on the label</strong></em>
<em><strong>mentioned in 2.4.1 (8). The purchaser will forward one part of the sample to the Food Analyst and the other to the</strong></em>
<em><strong>Designated Officer which can be used in the event of appeal by the Food Business Operator against the finding of</strong></em>
<em><strong>the report of the Food Analyst.</strong></em>
<em><strong>4. The Purchaser shall pay the prescribed fee to the Food Analyst for carrying out the analysis.</strong></em>
<em><strong>5. The Food Analyst shall send to the Purchaser his report on analysis of the article of food and if the finding</strong></em>
<em><strong>of the report is to the effect that the article of food is adulterated/misbranded/contaminated or does not conform to</strong></em>
<em><strong>the standards prescribed under the Act or the Regulations, the Food Analyst shall also send his report in triplicate,</strong></em>
<em><strong>to the Designated Officer of the area in which the article of food was purchased, besides sending a copy of the</strong></em>
<em><strong>Report to the Purchaser.</strong></em>
<em><strong>6. The report of the Food Analyst shall be sent within 14 days of the receipt of the article of food for analysis</strong></em>
<em><strong>and such report shall be in Form VII A.</strong></em>
<em><strong>2.4.5: Food business operator’s right to have the food analysed</strong></em>
<em><strong>1. In case the Food business operator from whom the sample has been taken or the person whose name and</strong></em>
<em><strong>address and other particulars have been disclosed under Rule 2.5 of these rules, desires to have the fourth part of</strong></em>
<em><strong>the sample analysed, he shall request the Food Safety Officer in writing to send the sample to any NABL accredited/</strong></em>
<em><strong>FSSAI notified laboratory for analysis under intimation to the Designated Officer.44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>2. The Food Safety Officer shall send the sample to a NABL accredited/FSSAI notified laboratory, under</strong></em>
<em><strong>intimation to the Designated Officer forthwith, in the manner prescribed under Rule 2.4.1.</strong></em>
<em><strong>Provided that the cost of testing by the accredited lab will be borne by the Food Business Operator or the</strong></em>
<em><strong>person identified under Rule 2.5. The payment shall be made by the Food Business Operator through Bank draft or</strong></em>
<em><strong>online transfer or treasury chalan or any other suitable means as specified by the Designated Officer.</strong></em>
<em><strong>Provided further that the Accredited lab where the Food Safety Officer will send the sample, should be within</strong></em>
<em><strong>the state or the neighboring state wherever available</strong></em>
<em><strong>3. The Food Analyst in-charge of the accredited laboratory shall analyse the sample within fourteen days from</strong></em>
<em><strong>the date of the receipt of the sample</strong></em>
<em><strong>Provided that in case the sample cannot be analysed within fourteen days from the date of its receipt, the Food</strong></em>
<em><strong>Analyst/in-charge of the accredited laboratory, shall inform the Designated Officer and the Commissioner of Food</strong></em>
<em><strong>Safety giving reasons and specify the time to be taken for analysis.</strong></em>
<em><strong>4. The Food Analyst shall send four copies of the analysis report to the Designated Officer, in the proforma</strong></em>
<em><strong>given in Form VII A, indicating the method of analysis.</strong></em>
<em><strong>2.4.6: Appeal to the Designated Officer</strong></em>
<em><strong>1. When an appeal as provided under subsection 4 of section 46 is preferred to the Designated Officer by the</strong></em>
<em><strong>Food Business Operator against the report of the Food Analyst, the Designated Officer, shall if he so decides, within</strong></em>
<em><strong>thirty days from the receipt of such appeal after considering the material placed before him and after giving an</strong></em>
<em><strong>opportunity to Food Business Operator to be heard shall forward one part of the sample to the referral lab. Such</strong></em>
<em><strong>appeal shall be in Form VIII which shall be filed within 30 days from the date of the receipt of the copy of the analysis</strong></em>
<em><strong>report from the Designated Officer. Report of the referral laboratory shall be final in this regard.</strong></em>
<em><strong>2. The Designated Officer shall forward one part of the the sample under appropriate condition as specified for</strong></em>
<em><strong>the product including transport, to retain the integrity of the sample. The cost of analysis of the sample shall be</strong></em>
<em><strong>borne by the Food Business Operator. The remaining samples will also be safely kept under appropriate conditions</strong></em>
<em><strong>to prevent deterioration.</strong></em>
<em><strong>2.5: Nomination by the company in the prescribed proforma</strong></em>
<em><strong>2.5.1: The company which is having different establishments or branches, units, any establishment or branch shall</strong></em>
<em><strong>inform the Licensing authority in Form IX, the particulars relating to the concerned head or the person in-charge of such</strong></em>
<em><strong>establishment, branch, unit, with due certification that the concerned person has been so nominated for the purposes of</strong></em>
<em><strong>the section 66 of the Act and regulations made under section 31 of the Act.</strong></em>
<em><strong>2.5.2: The Company shall also intimate to the Licensing Authority, as and when any change occurs in the nomination</strong></em>
<em><strong>given in Rule 2.5.1 above forthwith, in Form IX</strong></em>
<em><strong>CHAPTER 3</strong></em>
<em><strong>ADJUDICATION AND APPEAL TO TRIBUNAL</strong></em>
<em><strong>3.1: Adjudication proceedings</strong></em>
<em><strong>3.1.1: Holding of inquiry</strong></em>
<em><strong>1. On receipt of the copy of the report of Food Analyst in Form VII A from the Designated Officer, the person</strong></em>
<em><strong>from whom the sample was taken or the persons, whose names and addresses and other particulars have been</strong></em>
<em><strong>disclosed under Rule 2.5 of these rules or wholesaler or manufacturer has preferred an appeal against the findings</strong></em>
<em><strong>of the report of the Food Analyst before the Designated Officer in terms of sub-section (4) of section 46 of the Act</strong></em>
<em><strong>and the same has been dismissed, or the referral laboratory has, pursuant to the reference made by the Designated</strong></em>
<em><strong>Officer in terms of sub-section (4) of section 46 of the Act confirmed the findings of the Food Analyst in his report,</strong></em>
<em><strong>or if no appeal has been preferred, the Designated Officer shall examine the case on the basis of the sections under</strong></em>
<em><strong>which the person has been charged as to whether the contravention is punishable with imprisonment or the same</strong></em>
<em><strong>is punishable with fine only under the Act. However, if no contravention is established and the sample conforms to</strong></em>
<em><strong>the requirement of FSS regulations, the same will be communicated to the Food Business Operator immediately.</strong></em>
<em><strong>2. If the Designated Officer decides that such contravention is not punishable with imprisonment but only</strong></em>
<em><strong>with fine under the provisions of the Act, he shall cause and authorize the Food Safety Officer to file with the</strong></em>
<em><strong>Adjudicating Officer an application for adjudication of the offence alleged to have been committed by the person¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 45</strong></em>
<em><strong>from whom the food sample has been taken or the person whose name and address and other particulars have been</strong></em>
<em><strong>disclosed under Rule 2.5 of these rules and/or the seller or manufacturer of the food item in respect of which the</strong></em>
<em><strong>report has been received.</strong></em>
<em><strong>3. On receipt of the communication from the Designated Officer authorizing the filing of the adjudication</strong></em>
<em><strong>application, the Food Safety Officer shall file the application for adjudication with the Adjudicating Officer for</strong></em>
<em><strong>adjudication of the offence/contravention alleged to have been committed.</strong></em>
<em><strong>4. On receipt of the application for adjudication from the Food Safety Officer, the Adjudicating Officer shall</strong></em>
<em><strong>commence the inquiry proceedings.</strong></em>
<em><strong>5. The Adjudicating Officer shall have power to hold an inquiry for purpose of adjudicating offences punishable</strong></em>
<em><strong>under sections 50, 51, 52, 53, 54, 55, 56, 57, 58, 64, 65, 66 and 67 of the Act.</strong></em>
<em><strong>6. For holding an inquiry for the purpose of adjudication under section 68 of the Act as to whether any</strong></em>
<em><strong>person(s) has/have committed contravention of any of the provisions of the Act referred to in Rule 3.1.1.(5) herein</strong></em>
<em><strong>or the rules or regulations in respect of which the offence is alleged to have been committed, the Adjudicating</strong></em>
<em><strong>Officer shall, in the first instance, issue a notice to such person or persons giving him or them an opportunity to</strong></em>
<em><strong>make a representation in the matter within such period as may be specified in the notice (not being less than 30 days</strong></em>
<em><strong>from the date of service thereof).</strong></em>
<em><strong>7. Every notice under Rule 3.1.1.(6) to any such person shall indicate the nature of offence alleged to have</strong></em>
<em><strong>been committed by him or them, the section(s) of the Act alleged to have been contravened, and the date of</strong></em>
<em><strong>hearing of the matter. A copy of the report of the Food Analyst shall also be annexed to such notice.</strong></em>
<em><strong>8. On the date fixed for hearing, the Adjudicating Officer shall explain to the person or persons proceeded</strong></em>
<em><strong>against or to his authorized representative, the offence alleged to have been committed by such person, indicating</strong></em>
<em><strong>the provision of the Act, rules or regulations in respect of which the contravention is alleged to have taken place.</strong></em>
<em><strong>9. The Adjudicating Officer shall then give an opportunity to such person or persons to produce such</strong></em>
<em><strong>documents or evidence as he may consider relevant to the inquiry and if necessary the hearing may be adjourned to</strong></em>
<em><strong>a future date</strong></em>
<em><strong>Provided that the notice referred to in Rule 3.1.1. (6) may, at the request of the person concerned, be waived.</strong></em>
<em><strong>Provided further that the Adjudicating Officer shall pass the final order within 90 days from the date of first</strong></em>
<em><strong>hearing mentioned in Rule 3.1.1 (8) above.</strong></em>
<em><strong>10. The State Government may appoint a presenting officer from amongst the panel of advocates of the court</strong></em>
<em><strong>of local jurisdiction, in an inquiry under this rule.</strong></em>
<em><strong>11. While holding an inquiry under this rule, the Adjudicating Officer shall have the power to summon and</strong></em>
<em><strong>enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or</strong></em>
<em><strong>to produce any document which, in the opinion of the Adjudicating Officer may be useful for or relevant to, the</strong></em>
<em><strong>subject matter of the inquiry.</strong></em>
<em><strong>12. If any person fails neglects or refuses to appear as required by Rule 3.1.1 (6&#38;7) before the Adjudicating</strong></em>
<em><strong>Officer, the Adjudicating Officer may proceed with the inquiry in the absence of such person, after recording the</strong></em>
<em><strong>reasons for doing so.</strong></em>
<em><strong>3.1.2: Order of the Adjudicating Officer and matters relating thereto</strong></em>
<em><strong>1. If, upon consideration of the evidence produced before the Adjudicating Officer, the Adjudicating Officer</strong></em>
<em><strong>is satisfied that the person or persons or any of them against whom the inquiry has been conducted, has become</strong></em>
<em><strong>liable to penalty and/or any suitable administrative action under any of the sections referred to in Rule 3.1.1. (5) he</strong></em>
<em><strong>may, by order in writing, impose such penalty as he thinks fit, in accordance with the provisions of the relevant</strong></em>
<em><strong>section or sections of the Act.</strong></em>
<em><strong>2. If however, the Adjudicating Officer is satisfied that the person or persons or any of them against whom the</strong></em>
<em><strong>inquiry has been conducted for the contravention of provisions of the Act, has or have not been proved beyond</strong></em>
<em><strong>doubt, the Adjudicating Officer shall dismiss the case.</strong></em>
<em><strong>3. Every order made under Rule 3.1.2. (1) shall specify the provisions of the Act or the rules or the regulations</strong></em>
<em><strong>in respect of which the offence has taken place and shall contain brief reasons for such decision. While imposing</strong></em>
<em><strong>monetary penalty, the Adjudicating Officer shall have due regard to the provisions of section 49 of the Act. Such</strong></em>
<em><strong>penalty will be remitted in the form of a crossed demand draft drawn on a nationalized bank in favour of “Adjudicating</strong></em>
<em><strong>Officer, …….District” payable at the station where the Adjudicating officer is located46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>4. Every such order shall be dated and signed by the Adjudicating Officer.</strong></em>
<em><strong>5. The Adjudicating Officer shall send a copy of the order made under Rule 3.1.2 to the person or persons</strong></em>
<em><strong>against whom the inquiry was conducted and the Food Safety Officer who has filed the application for adjudication.</strong></em>
<em><strong>6. A notice or an order issued under these rules shall be served on the person or the persons against whom the</strong></em>
<em><strong>adjudication proceedings were held or inquiry has been conducted, in any of the following manner:</strong></em>
<em><strong>(i) by delivering or tendering it to that person or his duly authorized representative or</strong></em>
<em><strong>(ii) by sending it to the person by registered post with acknowledgement due to the address of his</strong></em>
<em><strong>place of residence or his last known place of residence or the place where he carried on or last carried on,</strong></em>
<em><strong>business or personally works or last worked for gain or</strong></em>
<em><strong>(iii) if it cannot be served in the manner specified under Rule 3.1.2 (6) (i) or (ii) by affixing it on</strong></em>
<em><strong>the outer door or some other conspicuous part of the premises in which that person resides or is known</strong></em>
<em><strong>to have last resided or carried on business or personally works or has worked for gain and written report</strong></em>
<em><strong>thereof should be witnessed by two persons.</strong></em>
<em><strong>3.2: Appellate Tribunal</strong></em>
<em><strong>3.2.1 Qualification and terms of office of Presiding Officer of an Appellate Tribunal</strong></em>
<em><strong>1. No person shall be qualified for appointment as a Presiding Officer of an Appellate Tribunal unless he is or</strong></em>
<em><strong>has been a District Judge and has not attained the age of 65 years on the date of appointment.</strong></em>
<em><strong>2. The Presiding Officer shall be selected by the State Government in which the Appellate Tribunal is located.</strong></em>
<em><strong>The selection panel shall consist of three persons, one being a serving Judge of the High Court in which the</strong></em>
<em><strong>Appellate Tribunal is located, the Law Secretary of the State Government and the Secretary of the concerned</strong></em>
<em><strong>department of the State Government.</strong></em>
<em><strong>3. The panel’s recommendation shall be decided by the majority of the members constituting the panel. The</strong></em>
<em><strong>panel shall send its recommendation to the State Government, which will then take such steps as may be necessary</strong></em>
<em><strong>to notify the appointment of the Presiding Officer. If there are more than one candidate which the panel has</strong></em>
<em><strong>recommended for appointment, the panel shall rank the candidates in the order of their merit.</strong></em>
<em><strong>3.2.2: Terms and conditions of service of Presiding Officer</strong></em>
<em><strong>1. Term of office: The Presiding Officer of the Appellate Tribunal shall hold office for a term of five years from</strong></em>
<em><strong>the date on which he assumes office or until he attains the age of 65 years, whichever is earlier.</strong></em>
<em><strong>Filling of vacancy: If for reason other than temporary absence, any vacancy occurs in the office of the</strong></em>
<em><strong>Presiding Officer of the Appellate Tribunal, then the Central Government or the State Government, as the case may</strong></em>
<em><strong>be, shall appoint another person in accordance with the provisions of the Act to fill the vacancy and the proceedings</strong></em>
<em><strong>may be continued before the Appellate Tribunal from the stage at which the vacancy occurred.</strong></em>
<em><strong>2. Salary and allowances of Presiding Officer: The Presiding Officer of Appellate Tribunal shall be paid such</strong></em>
<em><strong>salary as admissible to a serving District Judge of the State in which the Appellate Tribunal is located.</strong></em>
<em><strong>Provided that if the Presiding Officer is in receipt of any retirement benefit by way of pension, gratuity,</strong></em>
<em><strong>employer’s contribution to Contributory Provided Fund, etc. the pay of such Presiding Officer shall be reduced by</strong></em>
<em><strong>the gross amount of pension or employer’s contribution to the Contributory Provided Fund or any other form of</strong></em>
<em><strong>retirement benefit, if any, drawn or to be drawn by him.</strong></em>
<em><strong>(i) Travelling Allowance: The Presiding Officer while on tour or on transfer (including the journey</strong></em>
<em><strong>undertaken to join the Appellate Tribunal or on the expiry of his term with the Appellate Tribunal to proceed</strong></em>
<em><strong>to his home town) shall be entitled to traveling allowance, daily allowances, transportation of personal effects</strong></em>
<em><strong>and other similar matters at the same scale and at the same rates as are applicable to a District Judge of the</strong></em>
<em><strong>State in which the Appellate Tribunal is located.</strong></em>
<em><strong>(ii) Leave Travel Concession: The Presiding Officer shall be entitled to Leave Travel Concession at the</strong></em>
<em><strong>same rates and at the same scale as are applicable to a District Judge of the State in which the Appellate</strong></em>
<em><strong>Tribunal is located.</strong></em>
<em><strong>(iii) Conveyance: The Presiding Officer shall be entitled to a staff car as applicable to a District Judge.</strong></em>
<em><strong>(iv) Facilities of Medical Treatment: The Presiding Officer of the Appellate Tribunal shall be entitled to</strong></em>
<em><strong>medical treatment and hospital facilities as provided in the Service Rules as are applicable to a District Judge</strong></em>
<em><strong>in the state in which the Appellate Tribunal is located.¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 47</strong></em>
<em><strong>3. Resignation and removal: The Presiding Officer of the Appellate Tribunal may, by a notice in writing under</strong></em>
<em><strong>his hand addressed to the Central Government or the State Government, as the case may be, which has appointed</strong></em>
<em><strong>him, resign from his office. The Central Government or the State Government, as the case may be, remove from</strong></em>
<em><strong>office, the Presiding Officer of the Appellate Tribunal, who</strong></em>
<em><strong>(i) has been adjudged as insolvent</strong></em>
<em><strong>(ii) has been convicted of an offence which in the opinion of the Central Government or the State</strong></em>
<em><strong>Government, as the case may be, involves moral turpitude</strong></em>
<em><strong>(iii) has become physically or mentally incapable of acting as the Presiding Officer</strong></em>
<em><strong>(iv) has acquired such financial or other interest as is likely to affect prejudicially his functions as the</strong></em>
<em><strong>Presiding Officer</strong></em>
<em><strong>(v) has so misbehaved or abused his position as to render his continuance in office prejudicial to the</strong></em>
<em><strong>public interest.</strong></em>
<em><strong>Provided however that the Presiding Officer shall not be so removed from his office for reasons mentioned</strong></em>
<em><strong>in iv and v except by an order of the Central Government or the State Government, as the case may be, after an</strong></em>
<em><strong>inquiry made by a serving or retired Judge of a High Court in which the Presiding Officer has been informed of the</strong></em>
<em><strong>charges against him and given a reasonable opportunity of being heard in respect of the charges and the person</strong></em>
<em><strong>conducting the enquiry files a report that the Presiding Officer ought to be removed.</strong></em>
<em><strong>Whereas in respect of i, ii, and iii the decision of the Government shall be based on convincing evidence or</strong></em>
<em><strong>documentary proof on the basis of a speaking order.</strong></em>
<em><strong>4. Residuary powers and power to relax rules</strong></em>
<em><strong>(i) Residuary Powers: Matters relating to the conditions of service of the Presiding Officer with respect</strong></em>
<em><strong>to which no express provision is made in these rules, shall be referred, in each case to the Central Government</strong></em>
<em><strong>or the State Government as the case may be for its decision and the decision of the Central Government or the</strong></em>
<em><strong>State Government thereon shall be binding on the Presiding Officer.</strong></em>
<em><strong>(ii) Power to relax: The Central Government or the State Government as the case may be, shall have the</strong></em>
<em><strong>power to relax the provision of any of these rules relating to Presiding Officer.</strong></em>
<em><strong>3.3: Procedure for Appeal to Appellate Tribunal and Connected matters therewith</strong></em>
<em><strong>3.3.1 Appeal to Appellate tribunal</strong></em>
<em><strong>1. Limitation for filing appeal: Every appeal under section 70 of the Act, arising out of a decision of the</strong></em>
<em><strong>Adjudicating Officer appointed under section 68 of the Act, shall be filed within a period of 30 days from the date</strong></em>
<em><strong>on which the copy of the order against which the appeal is filed, is received by the appellant.</strong></em>
<em><strong>Provided however that the Appellate Tribunal may allow a maximum of another 30 days to entertain an appeal</strong></em>
<em><strong>if it is satisfied that there was sufficient cause for not filing the appeal within first 30 days.</strong></em>
<em><strong>2. Form and procedure of appeal</strong></em>
<em><strong>(i) A memorandum of appeal shall be presented in Form X by any aggrieved person in the registry of the</strong></em>
<em><strong>Appellate Tribunal or shall be sent by registered post addressed to the Registrar.</strong></em>
<em><strong>(ii) A memorandum of appeal sent by post shall be deemed to have been presented in the registry on the</strong></em>
<em><strong>day it is received in the registry.</strong></em>
<em><strong>3. Contents of Memorandum of Appeal</strong></em>
<em><strong>(i) Every Memorandum of Appeal filed under Rule 3.3.1 (2) shall set forth concisely under distinct</strong></em>
<em><strong>heads, the grounds of such appeal and such grounds shall be numbered consecutively.</strong></em>
<em><strong>(ii) It shall not be necessary to present separate memorandum of appeal to seek interim order or direction,</strong></em>
<em><strong>if the same is prayed for in the Memorandum of Appeal.</strong></em>
<em><strong>4. Manner of presentation of appeal or application or petition</strong></em>
<em><strong>(i) Every appeal or petition or application presented to the Appellate Tribunal shall be in English or the</strong></em>
<em><strong>local language of the state and shall be fairly and legibly type written or printed, in double spacing on one side</strong></em>
<em><strong>of standard petition paper, duly paginated, indexed and stitched together in paper book form.</strong></em>
<em><strong>(ii) Appeal or petition or application shall be divided into paragraphs and shall be numbered consecutively.48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>5. Initialing alteration</strong></em>
<em><strong>Every interlineations erasing or correction or deletion in any appeal or petition or application filed</strong></em>
<em><strong>before the Appellate Tribunal shall be initialed by the party or his authorized agent in writing or the party’s</strong></em>
<em><strong>advocate presenting the same.</strong></em>
<em><strong>6. Presentation of appeal, petition or application</strong></em>
<em><strong>(i) Every appeal, petition or application shall be presented in triplicate by the appellant or the petitioner</strong></em>
<em><strong>or the applicant, as the case may be, in person or by his duly authorized agent in writing or by an advocate</strong></em>
<em><strong>duly appointed in this behalf and shall be accompanied, wherever applicable, with the stipulated fee.</strong></em>
<em><strong>(ii) Every appeal shall be accompanied by the certified copy of the impugned order.</strong></em>
<em><strong>7. Scrutiny of memorandum of appeal</strong></em>
<em><strong>(i) The Registrar shall endorse on every appeal the date on which it is presented under Rule 3.3.1 or</strong></em>
<em><strong>deemed to have been presented under that rule and shall sign endorsement.</strong></em>
<em><strong>(ii) If on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number.</strong></em>
<em><strong>(iii) If on scrutiny, the appeal or petition or application is found to be defective, the same shall, after</strong></em>
<em><strong>notice to the party, be returned for compliance and if within 21 days of receipt of such notice or within such</strong></em>
<em><strong>extended time as may be granted by the Registrar, the defect is not rectified, the Registrar, may, for reasons to</strong></em>
<em><strong>be recorded in writing, decline to register the appeal or petition or application.</strong></em>
<em><strong>8. Ex-parte amendments</strong></em>
<em><strong>(i) In every appeal or petition or application, arithmetical, grammatical, clerical and such other errors may</strong></em>
<em><strong>be rectified on the orders of the Registrar under notice to the parties.</strong></em>
<em><strong>9. Service of appeal on the respondent</strong></em>
<em><strong>A copy of the Memorandum of Appeal and the paper book shall be served by the Registrar on the</strong></em>
<em><strong>Respondent as soon as they are registered in the registry, by hand delivery or by Registered post or speed</strong></em>
<em><strong>post.</strong></em>
<em><strong>10. Calling for records</strong></em>
<em><strong>On the admission of the appeal or the application or petition, the Registrar shall, if so directed by the</strong></em>
<em><strong>Appellate Tribunal, call for the records relating to the proceedings from the respective Adjudicating Officer</strong></em>
<em><strong>and re-transmit the same at the conclusion of the proceedings or thereafter.</strong></em>
<em><strong>11. Reply to the appeal by the Respondent</strong></em>
<em><strong>(i) Respondent may, within 30 days of service of notice of appeal file with the registry three complete</strong></em>
<em><strong>sets containing reply to the appeal along with the documents in a paper book form.</strong></em>
<em><strong>(ii) A copy of every reply and a copy of every document/material annexed to the reply, relied on by the</strong></em>
<em><strong>Respondent, shall be served on the appellant by the respondent.</strong></em>
<em><strong>12. Fee</strong></em>
<em><strong>(i) Every Memorandum of appeal shall be accompanied with a fee provided in sub-rule (ii) and such fee</strong></em>
<em><strong>shall be remitted in the form of crossed demand draft drawn on a nationalized bank in favour of “Registrar,</strong></em>
<em><strong>Food Safety Appellate Tribunal” payable at the station where the Appellate Tribunal is located.</strong></em>
<em><strong>(ii) The amount of fee payable in respect of appeal against adjudication orders passed under section 68</strong></em>
<em><strong>of the Act shall be as follows:</strong></em>
<em><strong>Sl No. Amount of penalty imposed Amount of fee payable</strong></em>
<em><strong>1. Less than Rupees10,000/- Rs. 500/-</strong></em>
<em><strong>2. Rupees Ten thousand or more but less than Rs. 1,500/-</strong></em>
<em><strong>Rupees One lakh</strong></em>
<em><strong>3. Rupees One lakh or more Rs.1500/- plus Rupees 500/- for every additional one lakh of</strong></em>
<em><strong>penalty or fraction thereof subject to a maximum</strong></em>
<em><strong>of Rs.5,000/-¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 49</strong></em>
<em><strong>3.3.2 General matters relating to Appellate Tribunal</strong></em>
<em><strong>1. Sitting hours of the Appellate Tribunal</strong></em>
<em><strong>The sitting hours of the Appellate Tribunal shall ordinarily be from 11:00 a.m. to 1:30 p.m. and from 2:30</strong></em>
<em><strong>p.m. to 5:00 p.m., subject to any order issued by the Presiding Officer.</strong></em>
<em><strong>Working hours of the Appellate Tribunal</strong></em>
<em><strong>(i) The office of the Appellate Tribunal shall remain open on all working days on which the State</strong></em>
<em><strong>Government Offices remain open and the working hours of the office of the Appellate Tribunal shall be as</strong></em>
<em><strong>applicable to working hours of the State Government in which the Appellate Tribunal is located.</strong></em>
<em><strong>(ii) The filing counter of the Registry shall remain open on all working days from 11:00 a.m. to 4:30 p.m.</strong></em>
<em><strong>2. Language of the Appellate Tribunal</strong></em>
<em><strong>(i) The proceedings of the Appellate shall be conducted in English or the local language of the state.</strong></em>
<em><strong>(ii) No document filed in the proceedings before the Appellate Tribunal in any language other than</strong></em>
<em><strong>English, shall be accepted by the Appellate Tribunal unless the same is accompanied by a true copy of</strong></em>
<em><strong>translation thereof in English.</strong></em>
<em><strong>3. Official seal of the Appellate Tribunal</strong></em>
<em><strong>(i) The official seal of the Appellate Tribunal shall be such, as the Presiding Officer may from time to time</strong></em>
<em><strong>specify.</strong></em>
<em><strong>(ii) The official seal of the Appellate Tribunal shall be kept in the custody of the Registrar.</strong></em>
<em><strong>(iii) Subject to any general or special direction given by the Presiding Officer, the official seal of the</strong></em>
<em><strong>Appellate Tribunal shall not be affixed to any order, summons or other process, save under the authority in</strong></em>
<em><strong>writing from the Registrar.</strong></em>
<em><strong>(iv) The official seal of the Appellate Tribunal shall not be affixed to any certified copy issued by the</strong></em>
<em><strong>Appellate Tribunal, save under the authority in writing of the Registrar.</strong></em>
<em><strong>4. Format of direction or rule</strong></em>
<em><strong>Every direction, summons, warrant or other mandatory process shall be issued in the name of the</strong></em>
<em><strong>Presiding Officer and shall be signed by the Registrar or any other officer specifically authorized in that behalf</strong></em>
<em><strong>by the Presiding Officer, with the day, month and year of signing and shall be sealed with the seal of the</strong></em>
<em><strong>Appellate Tribunal.</strong></em>
<em><strong>5. Carry forward of cause list and adjournment of cases on account of non-sitting of the Appellate Tribunal</strong></em>
<em><strong>If by reason of declaration of holiday or for any other unforeseen reason, the Appellate Tribunal does</strong></em>
<em><strong>not function for the day, the Daily Cause List for that day shall, unless otherwise directed, be treated as the</strong></em>
<em><strong>Daily Cause List for the next working day, in addition to the cases already posted for that day.</strong></em>
<em><strong>6. Record of Proceedings</strong></em>
<em><strong>Case Diaries, in each appeal, shall be kept by the clerk-in charge in such form as may be prescribed by</strong></em>
<em><strong>the Presiding Officer and they shall be written legibly. The diary in the main file shall contain a concise</strong></em>
<em><strong>history of the appeal or petition or application, and the substance of the order(s) passed thereon.</strong></em>
<em><strong>7. Order sheet</strong></em>
<em><strong>(i) Order sheet shall be maintained in every proceeding and shall contain all orders passed by the</strong></em>
<em><strong>Appellate Tribunal from time to time.</strong></em>
<em><strong>(ii) Order sheet shall also contain the reference number of the appeal or petition or application, date of</strong></em>
<em><strong>order and all incidental details including short cause title thereof .</strong></em>
<em><strong>8. Calling of cases in the Appellate Tribunal</strong></em>
<em><strong>Subject to any direction that may be given by the Presiding Officer, the clerk-in-charge shall call the</strong></em>
<em><strong>cases listed in the cause list in the serial order.</strong></em>
<em><strong>9. Issue of notice</strong></em>
<em><strong>(i) Where notice of an appeal or petition or application is issued by the Appellate Tribunal, copies of the</strong></em>
<em><strong>same, the Affidavit in support thereof and the copy of other documents filed therewith, if any, shall be served</strong></em>
<em><strong>along with the notice on the other side.50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>(ii) The aforesaid copies shall show the date of presentation of the appeal or petition or application and</strong></em>
<em><strong>the name of the advocate of such party, with his full address for service and the interim order, if any, made</strong></em>
<em><strong>thereon.</strong></em>
<em><strong>(iii) The Appellate Tribunal may order for issuing notice in appropriate cases and also permit the party</strong></em>
<em><strong>concerned for service of the said notice on the other side by private service and in such case, deliver the</strong></em>
<em><strong>notice to such party and it is for such party to file affidavit of service with proof.</strong></em>
<em><strong>10. Summons</strong></em>
<em><strong>Whenever summons or notice is ordered by private service, the appellant or applicant or petitioner as</strong></em>
<em><strong>the case may be, unless already served on the other side in advance, shall arrange to serve the copy of appeal</strong></em>
<em><strong>or application or petition by registered post or courier service and file affidavit of service with its proof of</strong></em>
<em><strong>acknowledgment before the date fixed for hearing.</strong></em>
<em><strong>11. Steps for issue of fresh notice</strong></em>
<em><strong>If any notice is returned unserved in the circumstances not specified in Rule 3.3.3 (9) that fact and the</strong></em>
<em><strong>reason thereof shall be notified immediately on the notice board of the Registry. The appellant or applicant or</strong></em>
<em><strong>petitioner shall within seven days from date of such notification takes steps to serve the notice afresh.</strong></em>
<em><strong>12. Consequence of failure to take steps for issue fresh notice</strong></em>
<em><strong>Where after a summon has been issued to the other side and returned unserved and the appellant or</strong></em>
<em><strong>applicant or petitioner, as the case maybe, fails to take necessary steps within a period as ordered by the</strong></em>
<em><strong>Appellate Tribunal from the date of return of the notice on the respondent/s, the Registrar shall post the case</strong></em>
<em><strong>before the Appellate Tribunal for further directions or for dismissal for non-prosecution.</strong></em>
<em><strong>13. Default of appearance of respondent and consequences</strong></em>
<em><strong>Where the respondent, despite effective service of summons or notice on him does not appear before</strong></em>
<em><strong>the date fixed for hearing, the Appellate Tribunal may proceed to hear the appeal or application or petition ex</strong></em>
<em><strong>parte and pass final orders on merits.</strong></em>
<em><strong>14. Filing of objections by respondent</strong></em>
<em><strong>(i) The respondent, if so directed by the Appellate Tribunal, shall file objections or counter within the</strong></em>
<em><strong>time allowed by the Appellate Tribunal. The objections shall be verified as an appeal or petition and wherever</strong></em>
<em><strong>new facts are sought to be introduced for the first time, leave of the Appellate Tribunal shall be obtained.</strong></em>
<em><strong>(ii) The respondent, if permitted to file objections or counter in any proceeding shall also file three</strong></em>
<em><strong>copies thereof after serving copies of the same on the appellant or applicant or the petitioner or their Advocate</strong></em>
<em><strong>on record or the authorized representative, as the case may be.</strong></em>
<em><strong>15. Inspection of records</strong></em>
<em><strong>The parties to any proceedings before the Appellate Tribunal or their Advocate or the authorized</strong></em>
<em><strong>representative may be allowed to inspect the records of such proceedings by making an application in that</strong></em>
<em><strong>behalf to the Registrar and paying the prescribed fee for such inspection.</strong></em>
<em><strong>16. Grant of inspection</strong></em>
<em><strong>(i) An application for inspection of record under Rule 3.3.3 (15) shall be in the prescribed form and</strong></em>
<em><strong>presented at the filing counter of the Registry between 10:30 a.m. and 3:00 p.m. on any working day and three</strong></em>
<em><strong>days before the date on which the inspection is sought, unless otherwise permitted by the Registrar.</strong></em>
<em><strong>(ii) The Registry shall submit the application with its remarks before the Registrar, who shall on</strong></em>
<em><strong>consideration of the same, pass appropriate orders.</strong></em>
<em><strong>17. Fee payable for inspection</strong></em>
<em><strong>Fee as may be specified by the Food Authority shall be payable on any application for inspection of</strong></em>
<em><strong>records of a pending or decided case. Such fee shall be paid by way of Demand Draft to be drawn in favour</strong></em>
<em><strong>of “Registrar, Food Safety Appellate Tribunal” and payable at the place where the Appellate Tribunal is</strong></em>
<em><strong>located.¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 51</strong></em>
<em><strong>18. Mode of inspection</strong></em>
<em><strong>(i) On grant of permission for inspection of the records, the Registry shall arrange to procure the records</strong></em>
<em><strong>of the case and allow inspection of such records on the date and time fixed by the Registrar in the immediate</strong></em>
<em><strong>presence of an officer authorised in that behalf.</strong></em>
<em><strong>(ii) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering</strong></em>
<em><strong>or damage to the records in the course of inspection.</strong></em>
<em><strong>(iii) The person inspecting the records shall not make any marking on any record or paper so inspected</strong></em>
<em><strong>and taking notes, if any, of the documents or records inspected may be done only in pencil.</strong></em>
<em><strong>(iv) The officer of the Registry supervising the inspection may at any time prohibit further inspection,</strong></em>
<em><strong>if in his opinion, any of the records are likely to be damaged in the process of inspection or the person</strong></em>
<em><strong>inspecting the records has violated or attempted to violate the provisions of these rules and shall immediately</strong></em>
<em><strong>make a report about the matter to the Registrar and seek further orders from the Registrar.</strong></em>
<em><strong>19. Maintenance of Register of Inspection</strong></em>
<em><strong>The Registry shall maintain a Register for the purpose of inspection of documents or records and shall</strong></em>
<em><strong>obtain therein the signature of the person making such inspection on the Register as well as on the application</strong></em>
<em><strong>on the conclusion of inspection.</strong></em>
<em><strong>20. Application for production of documents and form of summons</strong></em>
<em><strong>(i) Except as otherwise provided hereunder, discovery or production and return of documents shall be</strong></em>
<em><strong>regulated by the provisions of Civil Procedure Code, 1908.</strong></em>
<em><strong>(ii) An application for summons to produce documents shall set out the document/s production of</strong></em>
<em><strong>which is sought; the relevancy of the document/s and in case where the production of a certified copy would</strong></em>
<em><strong>serve the purpose, whether application was made to the proper officer and the result thereof.</strong></em>
<em><strong>21. Suo motu summoning of documents</strong></em>
<em><strong>Notwithstanding anything contained in these rules, the Appellate Tribunal, may, suo motu, issue</strong></em>
<em><strong>summons for production of public documents or other documents in the custody of a public officer.</strong></em>
<em><strong>3.3.3:Powers and functions of the Registrar and related matters</strong></em>
<em><strong>1. The Registrar shall discharge his functions under the general superintendence of the Presiding Officer. He</strong></em>
<em><strong>shall discharge such other functions as are assigned to him under these rules by the Presiding Officer.</strong></em>
<em><strong>2. The Registrar shall have the custody of the records of the Appellate Tribunal.</strong></em>
<em><strong>3. The Registrar shall have the following powers and functions viz.</strong></em>
<em><strong>(i) registration of appeals, petitions and applications;</strong></em>
<em><strong>(ii) to receive applications for amendment of appeal or the petition or application or subsequent</strong></em>
<em><strong>proceedings</strong></em>
<em><strong>(iii) subject to the directions of the Presiding Officer, to fix date of hearing of the appeal or other</strong></em>
<em><strong>proceedings and issue notices thereon</strong></em>
<em><strong>(iv) to order grant of copies of documents to parties to proceedings.</strong></em>
<em><strong>(v) to dispose of all matters relating to the service of notices or other processes, application for the issue</strong></em>
<em><strong>of fresh notice or for extending the time for or ordering a particular method of service on a respondent</strong></em>
<em><strong>including a substituted service by publication of the notice by way of advertisement in the newspapers.</strong></em>
<em><strong>(vi) to requisition records from the custody of the Adjudicating officer or any other authority.</strong></em>
<em><strong>4. Preparation and publication of daily cause list:</strong></em>
<em><strong>(i) The Registry shall prepare and publish on the Notice Board of the Registry before the closing of</strong></em>
<em><strong>working hours on each working day, the cause list for the next working day and subject to the directions of the</strong></em>
<em><strong>Presiding Officer, listing of cases in the Daily Cause List shall be in the following order of priority: cases for</strong></em>
<em><strong>“pronouncement of orders”</strong></em>
<em><strong>(a) cases for “clarification”52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>(b) cases for “admission”</strong></em>
<em><strong>(c) cases for “orders or directions”</strong></em>
<em><strong>(d) part-heard cases, latest part-heard having precedence</strong></em>
<em><strong>(e) cases posted as per numerical order or as directed by the Presiding Officer</strong></em>
<em><strong>(ii) The title of the daily cause list shall contain the number of the appeal or petition or application</strong></em>
<em><strong>number, the day, date and time of the sitting of the Appellate Tribunal and the Coram indicating the name of the</strong></em>
<em><strong>Presiding Officer.</strong></em>
<em><strong>(iii) Against the number of each case listed in the daily cause list, the following shall be shown namely</strong></em>
<em><strong>(iv) the name/s of the advocate/s appearing for both sides and setting in brackets the details of the</strong></em>
<em><strong>parties whom they represent</strong></em>
<em><strong>(v) the names of the parties, if unrepresented, with their details in brackets</strong></em>
<em><strong>(vi) The objections and special directions, if any, of the Registry shall be briefly indicated in the daily</strong></em>
<em><strong>cause list in remarks column, whenever compliance is required.</strong></em>
<em><strong>3.3.4: Orders of Appellate Tribunal and related matters</strong></em>
<em><strong>1. Order</strong></em>
<em><strong>(i) Every order of the Appellate Tribunal shall be signed and dated by the Presiding Officer. The</strong></em>
<em><strong>Presiding Officer shall have powers to pass interim orders or injunction, subject to reasons to be recorded in</strong></em>
<em><strong>writing, which he considers necessary in the interest of justice.</strong></em>
<em><strong>(ii) Orders shall be pronounced in the sitting of the Appellate Tribunal by the Presiding Officer</strong></em>
<em><strong>(iii) Reading of the operative portion of the order shall be deemed to be pronouncement of order.</strong></em>
<em><strong>(iv) When orders are reserved, the date for pronouncement of order shall be notified in the cause list</strong></em>
<em><strong>which shall be a valid notice of intimation of pronouncement.</strong></em>
<em><strong>2. Communication of orders</strong></em>
<em><strong>A certified copy of every order passed by the Appellate Tribunal shall be communicated to the</strong></em>
<em><strong>Adjudicating Officer and to the parties, as the case may be.</strong></em>
<em><strong>3. Publication of orders</strong></em>
<em><strong>The orders of the Appellate Tribunal, as are deemed fit for publication in the press may be released for</strong></em>
<em><strong>such publication on such terms and conditions as the Presiding Officer may specify.</strong></em>
<em><strong>4. Making of entries</strong></em>
<em><strong>Immediately on pronouncement of an order by the Presiding Officer, the Registrar shall make necessary</strong></em>
<em><strong>endorsement on the case file regarding the date of such pronouncement and the nature of disposal and shall</strong></em>
<em><strong>also make necessary entries in the diary maintained by him.</strong></em>
<em><strong>5. Indexing of case files after disposal</strong></em>
<em><strong>After communication of the order to the parties or their counsel, the Registry shall arrange the records</strong></em>
<em><strong>with pagination and prepare in the Index Sheet in such form as may be prescribed by the Appellate Tribunal.</strong></em>
<em><strong>He shall affix initials and then transmit the records with the Index to the records room.</strong></em>
<em><strong>6. Copies of orders in library</strong></em>
<em><strong>(i) The Officer in charge of the Registry shall send copies of every final order to the library.</strong></em>
<em><strong>(ii) Copies of all final orders received in each month shall be kept at the library in a separate folder,</strong></em>
<em><strong>arranged in the order of date of pronouncement, duly indexed and stitched.</strong></em>
<em><strong>7. Removal of difficulties and issue of directions</strong></em>
<em><strong>Notwithstanding anything contained in these rules, wherever the rules are silent or no provision is</strong></em>
<em><strong>made, the Presiding Officer may issue appropriate directions to remove difficulties and issue such order or</strong></em>
<em><strong>circulars to govern the situation or contingency that may arise in the working of the Appellate Tribunal.¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 53</strong></em>
<em><strong>FORM I</strong></em>
<em><strong>FORM OF AFFIDAVIT</strong></em>
<em><strong>Seizure of books of account and other documents</strong></em>
<em><strong>(Refer Rule 2.2.2)</strong></em>
<em><strong>I, son of/wife of/daughter of Mr. _________, aged about __________ years and residing at __________________</strong></em>
<em><strong>do hereby solemnly affirm and sincerely state as follows:</strong></em>
<em><strong>1. I am the sole proprietor/Partner/Director/employee of ___________________Private Ltd/Limited (here give</strong></em>
<em><strong>the name of the firm or Company) having its Office/carrying on business//Registered Office at _____________.</strong></em>
<em><strong>2. I say that on ______ at about ___a.m./p/m., the Food Safety Officer,______________(here give the</strong></em>
<em><strong>area of operation of the Food Safety Officer) inspected/searched the premises at _________________ where</strong></em>
<em><strong>I am/ ________Private Ltd./Limited is carrying on business. During the course of such inspection/search,</strong></em>
<em><strong>the Food Safety Officer has seized certain books of account and documents relating to the business.</strong></em>
<em><strong>3. I say that the books of accounts and other documents seized during the inspection/search are required for</strong></em>
<em><strong>carrying on business and hence it is necessary that they be returned to me immediately.</strong></em>
<em><strong>4. At my request, the Food Safety Officer has agreed to return the books of account and other documents so</strong></em>
<em><strong>seized during the inspection/search, subject to my providing him extracts or copies of such books of account</strong></em>
<em><strong>and other documents. The Food Safety Officer has given me the details of the extracts or the copies required</strong></em>
<em><strong>by him.</strong></em>
<em><strong>5. I say that I have caused the extracts/copies so required to be taken in the presence of the Food Safety</strong></em>
<em><strong>Officer/___________ (name) an officer working in the department of the Food Safety Officer.</strong></em>
<em><strong>6. I confirm and declare that the extracts/copies annexed to this Affidavit are the true, authentic and genuine</strong></em>
<em><strong>extracts/copies of books of account/other documents seized on _______ and in confirmation thereof, I have</strong></em>
<em><strong>initialed each page of such extracts/copies.</strong></em>
<em><strong>7. I am aware that based on the solemn declarations given in this Affidavit, the Food Safety Officer has agreed</strong></em>
<em><strong>to return the books of accounts and other documents seized as aforesaid on __________.</strong></em>
<em><strong>8. I hereby undertake to produce the books and accounts and other documents or any part thereof at any time</strong></em>
<em><strong>as may be required by the Designated Officer or by the Food Safety Officer or before any inquiry proceedings</strong></em>
<em><strong>or before any adjudication proceedings that may be initiated by the Food Safety Officer against me or against</strong></em>
<em><strong>________Private Ltd./Limited or both..</strong></em>
<em><strong>(SIGNATURE OF THE DEPONENT)</strong></em>
<em><strong>Solemnly affirmed and</strong></em>
<em><strong>signed before me this _____ of _____</strong></em>
<em><strong>Notary Public.________54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>FORM II</strong></em>
<em><strong>SEIZURE MEMO</strong></em>
<em><strong>[Refer Rule 2.3.1]</strong></em>
<em><strong>In exercise of the power delegated to me under section38 of the FSS Act, I hereby seize/detain the under</strong></em>
<em><strong>mentioned food products/documents which contravene the provision of section—————————————————</strong></em>
<em><strong>— of this Act at the premises of M/S—————————————————————————————————————</strong></em>
<em><strong>—————————————————————————————————————————————————————</strong></em>
<em><strong>—————————————————————————————————————————————————————</strong></em>
<em><strong>—————————————————————————————————————————————————————</strong></em>
<em><strong>Sl.No. Name of the products Batch No. No of units Qty in kgs .</strong></em>
<em><strong>1.</strong></em>
<em><strong>2.</strong></em>
<em><strong>3.</strong></em>
<em><strong>4.</strong></em>
<em><strong>5.</strong></em>
<em><strong>The detention/seizure has been made and the inventory has been prepared in presence of the following witnesses.</strong></em>
<em><strong>Name and address of the witness signature.</strong></em>
<em><strong>1.</strong></em>
<em><strong>2.</strong></em>
<em><strong>The products detained/seized have been duly sealed and are left in the custody of Shri.—————————————</strong></em>
<em><strong>———————————————————————————————————————————————w i t h t h e</strong></em>
<em><strong>instruction not to tamper with the seals and not to dispose of the products till further order.</strong></em>
<em><strong>Signature of Manufacturer/dealer Signature of Food Safety Officer</strong></em>
<em><strong>Name</strong></em>
<em><strong>Place</strong></em>
<em><strong>Date:¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 55</strong></em>
<em><strong>FORM III</strong></em>
<em><strong>FORM OF ORDER OF SEIZURE</strong></em>
<em><strong>[Refer Rule 2.3.2.(1)]</strong></em>
<em><strong>To</strong></em>
<em><strong>(Name and address of the Food Business Operator)</strong></em>
<em><strong>………………………………….</strong></em>
<em><strong>………………………………….</strong></em>
<em><strong>………………………………….</strong></em>
<em><strong>Whereas below mentioned articles of food….intended for sale which is in your possession appears to me to be adulterated/</strong></em>
<em><strong>misbranded under in violation of section————————————————of FSS Act:</strong></em>
<em><strong>Sl.No. Name of the products Batch No. No of units Qty in kgs .</strong></em>
<em><strong>1.</strong></em>
<em><strong>2.</strong></em>
<em><strong>3.</strong></em>
<em><strong>4.</strong></em>
<em><strong>5.</strong></em>
<em><strong>Now therefore under clause (c) of sub-section (1) of section 38 of the Food Safety and Standards Act, 2006 (34 of 2006),</strong></em>
<em><strong>I hereby direct you to keep in your safe custody the said sealed stock subject to such orders as may be issued subsequently</strong></em>
<em><strong>in relation thereto.</strong></em>
<em><strong>Food Safety Officer</strong></em>
<em><strong> Area……....................……</strong></em>
<em><strong>Place:</strong></em>
<em><strong>Date:56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>FORM IV</strong></em>
<em><strong>[Refer Rule 2.3.2.(2)]</strong></em>
<em><strong>FORM OF SURETY BOND</strong></em>
<em><strong>Know all men by these present that we (i) ………………..son of ……………resident of ……..and (ii) …… son of</strong></em>
<em><strong>………..resident of …………….proprietors/partners/employees of Messrs ……….hereinafter called the Food Business</strong></em>
<em><strong>Operator (s) and (iii)…………..son of ………..resident of …….and (iv) ………son of ……….resident of………….hereinafter</strong></em>
<em><strong>called the surety/sureties are held and firmly borne up to the President of India/Governor of………hereinafter called the</strong></em>
<em><strong>government in the sum of …………..rupees to be paid to the government, for which payment will and truly be made.</strong></em>
<em><strong>We firmly bind ourselves jointly and severally by these presents.</strong></em>
<em><strong>Signed this …………day of ……………….whereas Shri……………Food Safety Officer has seized……….(here, insert the</strong></em>
<em><strong>description of materials together with number/quantity and total price hereinafter referred to as the said article) from</strong></em>
<em><strong>………..(specify the place);</strong></em>
<em><strong>Whereas on the request of the Food Business Operator(s) the government has agreed to keep the said article in the safe</strong></em>
<em><strong>custody of the Food Business Operator(s) executing a bond in the terms hereinafter contained and supported by surety/</strong></em>
<em><strong>two sureties which the Food Business Operator(s) has/have agreed to do. Now the condition of the above written</strong></em>
<em><strong>obligation is such that if in the event of the Food Business Operator(s) failure to produce intact the said article before such</strong></em>
<em><strong>court or Authority and on such dates(s) as may be specified by the said Food Safety Officer from time to time the Food</strong></em>
<em><strong>Business Operator(s) and /or the surety/sureties forthwith pay to the government on demand and without a demur sum of</strong></em>
<em><strong>………rupees and there after the said bond will be void and of no effect. Otherwise the same shall be and remain in full</strong></em>
<em><strong>force and virtue.</strong></em>
<em><strong>These presents further witness as follows:</strong></em>
<em><strong>(i) The liability of the surety/sureties hereunder shall not be impaired or discharged by reason of time being granted</strong></em>
<em><strong>by or any forbearance, act or omission of the government whether with or without the knowledge or consent of</strong></em>
<em><strong>the sureties or either of them in respect of or in relation to all or any of the obligations or conditions to be</strong></em>
<em><strong>performed or discharged by the Food Business Operator(s). Nor shall it be necessary for the government to sue</strong></em>
<em><strong>the Food Business Operator(s) before suing the sureties or either of them for the amount due, hereunder.</strong></em>
<em><strong>(ii) This Bond is given under the Food Safety and Standards Act,2006 for the performance of an Act in which the</strong></em>
<em><strong>public are interested.</strong></em>
<em><strong>(iii) The government shall bear the stamp duty payable on these presents.</strong></em>
<em><strong>In witness whereof these presents have been signed by the Food Business Operator(s) and the surety/sureties the day</strong></em>
<em><strong>hereinabove mentioned and by Shri……………on behalf of the President of India on the date appearing below against his</strong></em>
<em><strong>signature.</strong></em>
<em><strong>Witnesses:</strong></em>
<em><strong>1.……………………. (Signature)</strong></em>
<em><strong>(Name and address)…………………..</strong></em>
<em><strong>2……………………. (Signature)</strong></em>
<em><strong>(Name and address)…………………..</strong></em>
<em><strong>Signature………………… (Food Business Operator)………</strong></em>
<em><strong>Signature………………… (Food Business Operator)………</strong></em>
<em><strong>Signature………………….. (Surety)………</strong></em>
<em><strong>Signature………………….. (Surety)………</strong></em>
<em><strong>for and on behalf of the</strong></em>
<em><strong>President</strong></em>
<em><strong>of India / governor of state of.</strong></em>
<em><strong>Signature………………………...</strong></em>
<em><strong>( Designation)………¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 57</strong></em>
<em><strong>FORM V A</strong></em>
<em><strong>FORM OF NOTICE To THE Food Business Operator</strong></em>
<em><strong>(Refer Rule 2.4.1. (3))</strong></em>
<em><strong>To</strong></em>
<em><strong>………………..</strong></em>
<em><strong>……………….</strong></em>
<em><strong>Dear Sir/s/ Madam:</strong></em>
<em><strong>I have this day taken the samples of food from premises/shop/market of ……………….situated at ………………..as</strong></em>
<em><strong>specified below to have the same analysed by the Food Analyst for _______.</strong></em>
<em><strong>Details of food:</strong></em>
<em><strong>Code number:</strong></em>
<em><strong>Parameter to be tested:</strong></em>
<em><strong>1. As per the FSSAI Standards for the specific products</strong></em>
<em><strong>2. Any additional test to be performed if any</strong></em>
<em><strong>Place: (Sd/-) Food Safety</strong></em>
<em><strong>Date: Officer/Authorized Officer.</strong></em>
<em><strong>Address:</strong></em>
<em><strong>Acknowledgement:</strong></em>
<em><strong>Sign of Food Business Operator</strong></em>
<em><strong>Witnesses</strong></em>
<em><strong>Witnesses58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>FORM V B</strong></em>
<em><strong>(form of notice to be given by purchaser)</strong></em>
<em><strong>(Refer Rule 2.4.4 (2))</strong></em>
<em><strong>To</strong></em>
<em><strong>………………..</strong></em>
<em><strong>……………….</strong></em>
<em><strong>Dear Sir/s/ Madam:</strong></em>
<em><strong>I have this day taken the samples of food from premises/shop/ market of ……………….situated at ………………..as</strong></em>
<em><strong>specified below to have the same analysed by the Food Analyst for _______.</strong></em>
<em><strong>Details of food:</strong></em>
<em><strong>Code number:</strong></em>
<em><strong>Parameter to be tested:</strong></em>
<em><strong>1. As per the FSSAI Standards for the specific products</strong></em>
<em><strong>2. Any additional test to be performed if any</strong></em>
<em><strong>Place:</strong></em>
<em><strong>Date:</strong></em>
<em><strong>Address:¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 59</strong></em>
<em><strong>FORM VI</strong></em>
<em><strong> MEMORANDUM TO FOOD ANALYST</strong></em>
<em><strong>From:</strong></em>
<em><strong>……………..</strong></em>
<em><strong>…………….. Date: _____</strong></em>
<em><strong>To</strong></em>
<em><strong>Food Analyst</strong></em>
<em><strong>………………</strong></em>
<em><strong>……………..</strong></em>
<em><strong>MEMORANDUM</strong></em>
<em><strong> (Refer Rule 2.4.1(11))</strong></em>
<em><strong>1. The sample described below is sent herewith for analysis under ___ of ___ of section ____ of Food Safety and</strong></em>
<em><strong>Standards Act, 2006</strong></em>
<em><strong>(i) Code Number</strong></em>
<em><strong>(ii) Date and place of collection</strong></em>
<em><strong>(iii) Name/Nature of articles submitted for analysis</strong></em>
<em><strong>(iv) Name/Nature and quantity of preservative, if any, added to the sample.</strong></em>
<em><strong>2. A copy of this memo and specimen impression of the seal used to seal the packet of sample are being sent separately</strong></em>
<em><strong>by post/courier/hand delivery (strike out whichever is not applicable)</strong></em>
<em><strong>(Sd/) Food Safety Officer</strong></em>
<em><strong>Address:60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>FORM VII A</strong></em>
<em><strong>[Refer Rule 2.4.4(6)]</strong></em>
<em><strong>REPORT OF THE FOOD ANALYST</strong></em>
<em><strong>Report No._______.</strong></em>
<em><strong>Certified that I ___________ (name of the Food Analyst) duly appointed under the provisions of Food Safety and</strong></em>
<em><strong>Standards Act, 2006 (34 of 2006), for _____ (name of the local area) have received from _______* a sample of ____,</strong></em>
<em><strong>bearing Code number and Serial Number _____ of Designated Officer of _____ area* on_________(date of receipt of</strong></em>
<em><strong>sample) for analysis.</strong></em>
<em><strong>The condition of seals on the container and the outer covering on receipt was as follows:</strong></em>
<em><strong>Intact/damaged/missing (delete where inapplicable)</strong></em>
<em><strong>I found the sample to be …….. (category of the sample) falling under item No.____ of Chapter 5 of Food Safety and</strong></em>
<em><strong>Standards Regulations. The sample was in a condition fit for analysis and has been analysed on _____ (give date of</strong></em>
<em><strong>starting and completion of analysis) and the result of its analysis is given below/ was not in a condition fit for analysis for</strong></em>
<em><strong>the reason given below:</strong></em>
<em><strong>Reasons:</strong></em>
<em><strong>………………………………………………..</strong></em>
<em><strong>Analysis Report</strong></em>
<em><strong>Refer Rule 2.4.2 (5)</strong></em>
<em><strong>(i) Sample Description (What it contains)</strong></em>
<em><strong>……………………………….</strong></em>
<em><strong>(ii) Physical Appearance of sample/container</strong></em>
<em><strong>……………………………….</strong></em>
<em><strong>(iii) Label declaration.</strong></em>
<em><strong>……………………………….</strong></em>
<em><strong>Sl. Quality characteristics Nature of method of test used Result Prescribed standards as per</strong></em>
<em><strong>No. (a) provisions of the FSS Act ,</strong></em>
<em><strong>Rules and Regulations</strong></em>
<em><strong>1.</strong></em>
<em><strong>2.</strong></em>
<em><strong>3.</strong></em>
<em><strong>4.</strong></em>
<em><strong>5.</strong></em>
<em><strong>6.</strong></em>
<em><strong>Report (sample wise)</strong></em>
<em><strong>-adulterated/misbranded/within norms/ violates provision of …..……………(delete where not applicable)</strong></em>
<em><strong>-any other observations</strong></em>
<em><strong>Signed this _____ day of ______ 20</strong></em>
<em><strong>Address: (Sd/-) Food Analyst.</strong></em>
<em><strong>* Give the details of the senders</strong></em>
<em><strong>** Strike out whichever is not applicable</strong></em>
<em><strong>*** When opinion and interpretation are included, document the basis upon which the opinions/interpretations have been made.¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 61</strong></em>
<em><strong>FORM VIII</strong></em>
<em><strong>[Refer Rule 2.4.6 (1)]</strong></em>
<em><strong> FORM OF APPEAL BEFORE THE DESIGNATED OFFICER</strong></em>
<em><strong>APPEAL BEFORE THE DESIGNATED OFFICER</strong></em>
<em><strong>(PLACE)</strong></em>
<em><strong>In the matter of appeal under section 46 (4) of The Food Safety and Standards Act 2006 (34 of 2006)</strong></em>
<em><strong>AND</strong></em>
<em><strong>In the matter of appeal against the report dated ____ from the Food Analyst</strong></em>
<em><strong>1. No. and date of the report of the Food Analyst against which the appeal is being preferred</strong></em>
<em><strong>2. Brief details of the facts and the grounds on which the report is being challenged</strong></em>
<em><strong>3. Relief being claimed</strong></em>
<em><strong>Signature of Appellant62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>FORM NO. IX</strong></em>
<em><strong>(Form of Nomination – Refer rule 2.5.1)</strong></em>
<em><strong>NOMINATION OF PERSONS BY A COMPANY</strong></em>
<em><strong>Being the proprietor or a signatory authorized by the board of directors of the company in terms of Rule 2.5.1 (2), I do</strong></em>
<em><strong>hereby gives notice that the following persons(s) is/are nominated as the person(s) in charge of establishment, branch or</strong></em>
<em><strong>the unit mentioned against the name of the person(s) and shall be responsible and liable for food safety or any contravention</strong></em>
<em><strong>of the Act and rules/regulations or directions issued thereunder in respect of the concerned establishment/branch/unit.</strong></em>
<em><strong>The person(s) shall take all such steps as may be necessary to prevent the commission by the Company of any offence</strong></em>
<em><strong>under and comply with the provisions of Food Safety and Standards Act, 2006 and the Rules and Regulations made</strong></em>
<em><strong>thereunder.</strong></em>
<em><strong>Branch wise/office wise nomination .</strong></em>
<em><strong>Establishment/branch/unit name Name and Sign of Person i/c</strong></em>
<em><strong>1. 1.</strong></em>
<em><strong>2. 2.</strong></em>
<em><strong>3. 3.</strong></em>
<em><strong>A certified copy of the resolution of the board regarding the authorized signatory, dated ______ is enclosed.</strong></em>
<em><strong>Place:_________ For _________ Ltd./Private Ltd.</strong></em>
<em><strong>Date:__________</strong></em>
<em><strong> 1. Authorized signatory of the company</strong></em>
<em><strong>Place:</strong></em>
<em><strong>Date:¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 63</strong></em>
<em><strong>FORM X</strong></em>
<em><strong>(Refer Rule (i) of 3.3.1 (2))</strong></em>
<em><strong>FORM OFAPPEAL</strong></em>
<em><strong> BEFORE THE FOOD SAFETY APPELLATE TRIBUNAL</strong></em>
<em><strong>(PLACE OF THE TRIBUNAL)</strong></em>
<em><strong>In the matter of Food Safety and Standards Act, 2006 (34 of 2006)</strong></em>
<em><strong>AND</strong></em>
<em><strong>In the matter of appeal against the order dated ___ passed by the Adjudicating Officer, (Place)</strong></em>
<em><strong>APPEAL NO. ____ OF ____</strong></em>
<em><strong>A.B. .. Appellant</strong></em>
<em><strong>Vs</strong></em>
<em><strong>C.D ... Respondent</strong></em>
<em><strong>For use in Appellate Tribunal’s office</strong></em>
<em><strong>Date of presentation in the registry</strong></em>
<em><strong>Date of receipt by post</strong></em>
<em><strong>Registration No.</strong></em>
<em><strong>Signature</strong></em>
<em><strong>(Registrar)</strong></em>
<em><strong>INDEX</strong></em>
<em><strong> (Specimen Index)</strong></em>
<em><strong>Sl No. EXHIBIT PARTICULARS Page</strong></em>
<em><strong>No.</strong></em>
<em><strong>1. Memorandum of Appeal</strong></em>
<em><strong>2. A Copy of the Show Cause Notice dated ____ issued by the Adjudicating Officer</strong></em>
<em><strong>3. B Copy of the Reply dated __ sent by the Appellant to the Show Cause Notice.</strong></em>
<em><strong>4. C Copy of the letter dated ___ sent by the Appellant to the Adjudicating Officer</strong></em>
<em><strong>5. D Copy of the impugned order dated _____</strong></em>
<em><strong>MEMORANDUM OFAPPEAL</strong></em>
<em><strong>1. Particulars of the Appellant</strong></em>
<em><strong>(i) Name of the Appellant: A B</strong></em>
<em><strong>(ii) Address of the Appellant:</strong></em>
<em><strong>(iii) Address for service of all notices64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]</strong></em>
<em><strong>(iv) Telephone/Fax No.</strong></em>
<em><strong>E-mail address, if any</strong></em>
<em><strong>2. Particulars of the Respondent</strong></em>
<em><strong>(i) Name of the Respondent : C.D.</strong></em>
<em><strong>(ii) Address of the Respondent:</strong></em>
<em><strong>(iii) Address for service of all notices</strong></em>
<em><strong>(iv) Telephone/Fax No.</strong></em>
<em><strong>e-mail address, if any</strong></em>
<em><strong>3. Jurisdiction of the Appellate Tribunal</strong></em>
<em><strong>The Appellant declares that the matter of appeal falls within the jurisdiction of the Appellate Tribunal.</strong></em>
<em><strong>4. Limitation</strong></em>
<em><strong>The Appellant further declares that the appeal is within the limitation as prescribed in Rule 3.3.1 (2)</strong></em>
<em><strong>5. Facts of the case</strong></em>
<em><strong>Here give a concise statement of facts of the case and grounds of appeal against the specified order, in a chronological</strong></em>
<em><strong>order, each paragraph containing as neatly as possible as separate issue, fact or otherwise)</strong></em>
<em><strong>6. Relief(s) sought</strong></em>
<em><strong>In view of the facts mentioned in paragraph 5 and the grounds on which the impugned order is challenged, the</strong></em>
<em><strong>Appellant prays for the following relief(s)</strong></em>
<em><strong>(Here specify the relief(s) sought and the legal provision, if any, relied upon)</strong></em>
<em><strong>7. Interim relief(s) sought (if prayed for)</strong></em>
<em><strong>Pending the final decision in the appeal, the Appellant seeks the following interim relief (s).</strong></em>
<em><strong>(Here specify the interim relief(s) prayed for and the reasons therefore)</strong></em>
<em><strong>8. Matters not pending with any other court</strong></em>
<em><strong>The Appellant further declares that the matter regarding which this appeal has been filed, is not pending before any</strong></em>
<em><strong>court of law or any other authority or any other Tribunal.</strong></em>
<em><strong>9. Particulars of fee paid</strong></em>
<em><strong>(i) Amount of fee Rs._____</strong></em>
<em><strong>(ii) Name of the bank on which</strong></em>
<em><strong>the Demand Draft is drawn _____ Bank</strong></em>
<em><strong>(iii) Demand draft No. and date</strong></em>
<em><strong>10. Details of Index</strong></em>
<em><strong>An index containing the details of the documents relied upon is enclosed.</strong></em>
<em><strong>11. List of enclosures</strong></em>
<em><strong>(Signature of the Appellant)¹Hkkx II—[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 65</strong></em>
<em><strong>VERIFICATION</strong></em>
<em><strong>I, _______________ son /wife/daughter of Mr._____________being the Appellant do hereby verify that the contents</strong></em>
<em><strong>of paragraphs 1 to 11 are true to my personal knowledge and belief and that I have not suppressed any material fact.</strong></em>
<em><strong>(Signature of the Appellant)</strong></em>
<em><strong>Place:</strong></em>
<em><strong>Date:</strong></em>
<em><strong>[F.No. P15017/20/2009-FSSAI(Pt)</strong></em>
<em><strong>(L.C. Goyal)</strong></em>
<em><strong>Additional Secretary and</strong></em>
<em><strong>D.G. (C.G.H.S.)</strong></em>
<em><strong>To</strong></em>
<em><strong>The manager,</strong></em>
<em><strong>Govt of India Press,</strong></em>
<em><strong>Maya puri,</strong></em>
<em><strong>Delhi.</strong></em></pre>
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</ul>
]]></content:encoded>
</item>
<item>
<title><![CDATA[FOOD SAFETY AND STANDARDS (LICENSING AND REGISTRATION OF FOOD BUSINESSES), REGULATIONS 2011]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/23/food-safety-and-standards-licensing-and-registration-of-food-businesses-regulations-2011/</link>
<pubDate>Sun, 23 Oct 2011 13:25:08 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/23/food-safety-and-standards-licensing-and-registration-of-food-businesses-regulations-2011/</guid>
<description><![CDATA[¹Hkkx III—[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 65 Image via Wikipedia MINISTRY OF HEALTH AND FAMILY WE]]></description>
<content:encoded><![CDATA[<pre><em><strong>¹Hkkx III—[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 65</strong></em></pre>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 150px"><a href="http://commons.wikipedia.org/wiki/File:Food_Safety_1.svg"><img class="zemanta-img-configured" title="Template for Template:Food safety" src="http://upload.wikimedia.org/wikipedia/commons/thumb/6/6d/Food_Safety_1.svg/140px-Food_Safety_1.svg.png" alt="Template for Template:Food safety" width="140" height="180" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre><em><strong></strong></em>
<em><strong><a class="zem_slink" title="Ministry of Health and Family Welfare (India)" href="http://www.mohfw.nic.in/welcome.html" rel="homepage">MINISTRY OF HEALTH AND FAMILY WELFARE</a></strong></em>
<em><strong>(<a class="zem_slink" title="Food safety" href="http://en.wikipedia.org/wiki/Food_safety" rel="wikipedia">Food Safety</a> and Standards Authority of <a class="zem_slink" title="India" href="http://maps.google.com/maps?ll=28.6133333333,77.2083333333&#38;spn=10.0,10.0&#38;q=28.6133333333,77.2083333333 (India)&#38;t=h" rel="geolocation">India</a>)</strong></em>
<em><strong>Notification</strong></em>
<em><strong> <a class="zem_slink" title="New Delhi" href="http://maps.google.com/maps?ll=28.6138888889,77.2088888889&#38;spn=0.01,0.01&#38;q=28.6138888889,77.2088888889 (New%20Delhi)&#38;t=h" rel="geolocation">New Delhi</a>, dated the 1</strong></em>
<em><strong>st</strong></em>
<em><strong> August, 2011</strong></em>
<em><strong>F.No. 2-15015/30/2010 Whereas in exercise of the powers conferred by clause (o) of sub section (2) of section 92 read with</strong></em>
<em><strong>section 31 of Food Safety and Standards Act, 2006 (34 of 2006) the Food Safety and Standards Authority of India</strong></em>
<em><strong>proposes to make Food Safety and Standards Regulations in so far as they relates to Food Safety and Standards(Licensing</strong></em>
<em><strong>and Registration of Food Businesses) Regulations, 2011, and;</strong></em>
<em><strong> Whereas these draft Regulations were published in consolidated form at pages 1 to 776 in the Gazette of India</strong></em>
<em><strong>Extraordinary Part III – Sec. 4 dated 20</strong></em>
<em><strong>th</strong></em>
<em><strong> October 2010 inviting objections and suggestions from all persons likely to be</strong></em>
<em><strong>affected thereby before the expiry of the period of thirty days from the date on which the copies of the Gazette containing</strong></em>
<em><strong>the said notification were made available to the public;</strong></em>
<em><strong>And whereas the copies of the Gazette were made available to the public on the 21</strong></em>
<em><strong>st</strong></em>
<em><strong> October 2010;</strong></em>
<em><strong>And whereas objections and suggestions received from the stakeholders within the specified period on the said</strong></em>
<em><strong>draft Regulations have been considered and finalized by the Food Safety and Standards Authority of India.</strong></em>
<em><strong>Now therefore, the Food Safety and Standards Authority of India hereby makes the following Regulations, namely,-</strong></em>
<em><strong>FOOD SAFETY AND STANDARDS (LICENSING AND REGISTRATION OF FOOD <a class="zem_slink" title="Business" href="http://en.wikipedia.org/wiki/Business" rel="wikipedia">BUSINESSES</a>),</strong></em>
<em><strong><a class="zem_slink" title="Regulation" href="http://en.wikipedia.org/wiki/Regulation" rel="wikipedia">REGULATIONS</a> 2011</strong></em>
<em><strong>CHAPTER 1</strong></em>
<em><strong>GENERAL</strong></em>
<em><strong>1.1: Short title and commencement-</strong></em>
<em><strong>1.1.1: These regulations may be called the Food Safety and Standards (Licensing and Registration of Food Businesses)</strong></em>
<em><strong>Regulations, 2011.</strong></em>
<em><strong>1.1.2: These regulations shall come into force on or after 5</strong></em>
<em><strong>th</strong></em>
<em><strong> August, 2011</strong></em>
<em><strong>1.2: Definitions-</strong></em>
<em><strong>1.2.1: In these regulations unless the context otherwise requires:</strong></em>
<em><strong>1. “Central Licensing Authority” means <a class="zem_slink" title="Designated (landmarks)" href="http://en.wikipedia.org/wiki/Designated_%28landmarks%29" rel="wikipedia">Designated</a> Officer appointed by the <a class="zem_slink" title="Chief executive officer" href="http://en.wikipedia.org/wiki/Chief_executive_officer" rel="wikipedia">Chief Executive Officer</a> of the</strong></em>
<em><strong>Food Safety and Standards Authority of India in his capacity of Food Safety Commissioner.</strong></em>
<em><strong>2. “District” means a revenue district in state and UTs provided that the Commisioner of Food Safety may, for</strong></em>
<em><strong>the purpose of this Act declare any local area as a district on the basis of:</strong></em>
<em><strong>z Concentration of specific category of <a class="zem_slink" title="Food &#38; Drink " href="http://www.break.com/c/food-drink-videos/" rel="break">food</a> businesses which may need special attention.</strong></em>
<em><strong>z <a class="zem_slink" title="security risk assessment" href="http://www.symantec.com/en/uk/business/cmp/theme/index.jsp?cmp_id=enterprise_security&#38;theme_id=one_breach" rel="symantec">Risk assessment</a> carried out by the Authority from time to time.</strong></em>
<em><strong>z Any other specific regulatory requirements.</strong></em>
<em><strong>3. “Licensing Authority” means the Designated Officer appointed under section 36 (i) of the Act by the</strong></em>
<em><strong>Commissioner of Food Safety of the state or by the Chief Executive Officer of the Food Safety and Standards</strong></em>
<em><strong>Authority of India in his capacity of Food Safety Commissioner ;</strong></em>
<em><strong>4. “Petty Food Manufacturer” means any food manufacturer, who</strong></em>
<em><strong>(a) manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or</strong></em>
<em><strong>temporary stall holder; or distributes foods including in any religious or social gathering except a caterer;</strong></em>
<em><strong>or</strong></em></pre>
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<li class="zemanta-article-ul-li"><a href="http://roybelle.wordpress.com/2011/09/06/food-safety/">Food safety</a> (roybelle.wordpress.com)</li>
<li class="zemanta-article-ul-li"><a href="http://ilookchina.net/2011/08/14/punishing-food-fraud-in-china-part-12/">Punishing Food Fraud in China - Part 1/2</a> (ilookchina.net)</li>
</ul>
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<title><![CDATA[FOOD SAFETY AND STANDARDS (PACKAGING AND LABELLING) REGULATIONS, 2011]]></title>
<link>http://advocatemmmohanbareacts.wordpress.com/2011/10/23/food-safety-and-standards-packaging-and-labelling-regulations-2011/</link>
<pubDate>Sun, 23 Oct 2011 13:18:21 +0000</pubDate>
<dc:creator>advocatemmmohan</dc:creator>
<guid>http://advocatemmmohanbareacts.wordpress.com/2011/10/23/food-safety-and-standards-packaging-and-labelling-regulations-2011/</guid>
<description><![CDATA[¹Hkkx III—[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 29 Image via Wikipedia MINISTRY OF HEALTH AND FAMILY WE]]></description>
<content:encoded><![CDATA[<pre><em><strong>¹Hkkx III—[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 29</strong></em></pre>
<div class="zemanta-img">
<div class="wp-caption alignright" style="width: 310px"><a href="http://commons.wikipedia.org/wiki/File:India_vegetarian_labels.svg"><img class="zemanta-img-configured" title="Labeling for vegetarian and non-vegetarian foo..." src="http://upload.wikimedia.org/wikipedia/commons/thumb/b/b0/India_vegetarian_labels.svg/300px-India_vegetarian_labels.svg.png" alt="Labeling for vegetarian and non-vegetarian foo..." width="300" height="137" /></a><p class="wp-caption-text">Image via Wikipedia</p></div>
</div>
<pre><em><strong></strong></em>
<em><strong><a class="zem_slink" title="Ministry of Health and Family Welfare (India)" href="http://www.mohfw.nic.in/welcome.html" rel="homepage">MINISTRY OF HEALTH AND FAMILY WELFARE</a></strong></em>
<em><strong>(<a class="zem_slink" title="Food safety" href="http://en.wikipedia.org/wiki/Food_safety" rel="wikipedia">Food Safety</a> and Standards Authority of <a class="zem_slink" title="India" href="http://maps.google.com/maps?ll=28.6133333333,77.2083333333&#38;spn=10.0,10.0&#38;q=28.6133333333,77.2083333333 (India)&#38;t=h" rel="geolocation">India</a>)</strong></em>
<em><strong>Notification</strong></em>
<em><strong><a class="zem_slink" title="New Delhi" href="http://maps.google.com/maps?ll=28.6138888889,77.2088888889&#38;spn=0.01,0.01&#38;q=28.6138888889,77.2088888889 (New%20Delhi)&#38;t=h" rel="geolocation">New Delhi</a>, dated the 1</strong></em>
<em><strong>st </strong></em>
<em><strong>August, 2011</strong></em>
<em><strong>F.No. 2-15015/30/2010 Whereas in exercise of the powers conferred by clause (k) of subsection (2) of section 92 read with</strong></em>
<em><strong>section 23 of Food Safety and Standards Act, 2006 (34 of 2006) the Food Safety and Standards Authority of India proposes</strong></em>
<em><strong>to make Food Safety and Standards Regulations in so far they relates to Food Safety and Standards (Packaging and</strong></em>
<em><strong>Labelling) Regulations, 2011, and;</strong></em>
<em><strong>Whereas these draft Regulations were published in consolidated form at pages 1 to 776 in the Gazette of India</strong></em>
<em><strong>Extraordinary Part III – Sec. 4 dated 20</strong></em>
<em><strong>th</strong></em>
<em><strong> October 2010 inviting objections and suggestions from all persons likely to be</strong></em>
<em><strong>affected thereby before the expiry of the period of thirty days from the date on which the copies of the Gazette containing</strong></em>
<em><strong>the said notification were made available to the public;</strong></em>
<em><strong>And whereas the copies of the Gazette were made available to the public on the 21</strong></em>
<em><strong>st</strong></em>
<em><strong> October 2010;</strong></em>
<em><strong>And whereas objections and suggestions received from the stakeholders within the specified period on the said</strong></em>
<em><strong>draft Regulations have been considered and finalized by the Food Safety and Standards Authority of India.</strong></em>
<em><strong>Now therefore, the Food Safety and Standards Authority of India hereby makes the following Regulations, namely,—</strong></em>
<em><strong>FOOD SAFETY AND STANDARDS (<a class="zem_slink" title="Packaging and labeling" href="http://en.wikipedia.org/wiki/Packaging_and_labeling" rel="wikipedia">PACKAGING AND LABELLING</a>) <a class="zem_slink" title="Regulation" href="http://en.wikipedia.org/wiki/Regulation" rel="wikipedia">REGULATIONS</a>, 2011</strong></em>
<em><strong>CHAPTER 1</strong></em>
<em><strong>GENERAL</strong></em>
<em><strong>1.1: Short title and commencement</strong></em>
<em><strong>1.1.1: These regulations may be called the Food Safety and Standards (Packaging and labelling) Regulations, 2011</strong></em>
<em><strong>1.1.2: These regulations shall come into force on or after 5</strong></em>
<em><strong>th</strong></em>
<em><strong> August, 2011</strong></em>
<em><strong>1.2: Definitions—</strong></em>
<em><strong>1.2.1: In these regulations unless the context otherwise requires:</strong></em>
<em><strong>1. “Best before” means the date which signifies the end of the period under any stated storage conditions</strong></em>
<em><strong>during which the food shall remain fully marketable and shall retain any specific qualities for which tacit or express</strong></em>
<em><strong>claims have been made and beyond that date, the food may still be perfectly safe to consume, though its quality may</strong></em>
<em><strong>have diminished. However the food shall not be sold if at any stage the product becomes unsafe.</strong></em>
<em><strong>2. “Date of manufacture” means the date on which the food becomes the product as described;</strong></em>
<em><strong>3. “Date of packaging” means the date on which the food is placed in the immediate container in which it will</strong></em>
<em><strong>be ultimately sold;</strong></em>
<em><strong>4. “Infant” means a child not more than twelve months of age;</strong></em>
<em><strong>5. “Lot number” or “code number” or “batch number” means the number either in numericals or alphabets or</strong></em>
<em><strong>in combination thereof, representing the lot number or code number or batch number, being preceded by the words</strong></em>
<em><strong>“Lot No” or “Lot” or “code number” or “<a class="zem_slink" title="Building code" href="http://en.wikipedia.org/wiki/Building_code" rel="wikipedia">Code</a>” or Batch No” or “Batch” or any distinguishing prefix by which the</strong></em>
<em><strong>food can be traced in manufacture and identified in distribution.</strong></em>
<em><strong>6. “Multipiece package” means a package containing two or more individually packaged or labelled pieces of</strong></em>
<em><strong>the same commodity of identical quantity, intended for retail either in individual pieces or packages as a whole.</strong></em>
<em><strong>7. “Non- <a class="zem_slink" title="Vegetarian cuisine" href="http://en.wikipedia.org/wiki/Vegetarian_cuisine" rel="wikipedia">Vegetarian Food</a>” means an article of food which contains whole or part of any animal including</strong></em>
<em><strong>birds, fresh water or marine animals or eggs or products of any animal origin, but excluding milk or milk products, as</strong></em>
<em><strong>an ingredient;</strong></em>
<em><strong>8. “Prepackaged” or “Pre-packed food”, means food, which is placed in a package of any nature, in such a</strong></em>
<em><strong>manner that the contents cannot be changed without tampering it and which is ready for sale to the consumer.30 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]</strong></em>
<em><strong>Note: The expression “package” wherever it occurs in these Regulations, shall be construed as package</strong></em>
<em><strong>containing pre-packed food articles.</strong></em>
<em><strong>9. “Principal Display Panel” means that part of the container/package which is intended or likely to be</strong></em>
<em><strong>displayed or presented or shown or examined by the customer under normal and customary conditions of display,</strong></em>
<em><strong>sale or purchase of the commodity contained therein.</strong></em>
<em><strong>10. “Use – by date” or “Recommended last consumption date” or “<a class="zem_slink" title="Shelf life" href="http://en.wikipedia.org/wiki/Shelf_life" rel="wikipedia">Expiry date</a>” means the date which signifies</strong></em>
<em><strong>the end of the estimated period under any stated storage conditions, after which the food probably will not have the</strong></em>
<em><strong>quality and safety attributes normally expected by the consumers and the food shall not be sold;</strong></em>
<em><strong>11. “Vegetarian Food” means any article of Food other than Non- Vegetarian Food as defined in regulation</strong></em>
<em><strong>1.2.1 (7).</strong></em>
<em><strong>12. “Wholesale package” means a package containing —</strong></em>
<em><strong>(a) a number of retail packages, where such first mentioned package is intended for sale, distribution or</strong></em>
<em><strong>delivery to an intermediary and is not intended for sale direct to a single consumer; or</strong></em>
<em><strong>(b) a commodity of food sold to an intermediary in bulk to enable such intermediary to sell, distribute or</strong></em>
<em><strong>deliver such commodity of food to the consumer in smaller quantities.</strong></em>
<em><strong>CHAPTER-2</strong></em>
<em><strong>PACKAGING AND LABELLING</strong></em>
<em><strong>2.1: Packaging</strong></em>
<em><strong>2.1.1: General Requirements</strong></em>
<em><strong>1. A utensil or container made of the following materials or metals, when used in the preparation, packaging</strong></em>
<em><strong>and storing of food shall be deemed to render it unfit for human consumption:—</strong></em>
<em><strong>(a) containers which are rusty;</strong></em>
<em><strong>(b) enameled containers which have become chipped and rusty;</strong></em>
<em><strong>(c) copper or brass containers which are not properly tinned</strong></em>
<em><strong>(d) containers made of aluminium not conforming in chemical composition to IS:20 specification for Cast</strong></em>
<em><strong>Aluminium &#38; Aluminium Alloy for utensils or IS:21 specification for Wrought Aluminium and Aluminium</strong></em>
<em><strong>Alloy for utensils.</strong></em>
<em><strong>2. Containers made of plastic materials should conform to the following Indian Standards <a class="zem_slink" title="Specification (technical standard)" href="http://en.wikipedia.org/wiki/Specification_%28technical_standard%29" rel="wikipedia">Specification</a>, used</strong></em>
<em><strong>as appliances or receptacles for packing or storing whether partly or wholly, food articles namely :—</strong></em>
<em><strong>(i) IS : 10146 (Specification for Polyethylene in contact with foodstuffs);</strong></em>
<em><strong>(ii) IS : 10142 (Specification for Styrene Polymers in contact with foodstuffs);</strong></em>
<em><strong>(iii) IS : 10151 (Specification for Polyvinyl Chloride (PVC), in contact with foodstuffs);</strong></em>
<em><strong>(iv) IS : 10910 (Specification for Polypropylene in contact with foodstuffs);</strong></em>
<em><strong>(v) IS : 11434 (Specification for Ionomer Resins in contact with foodstuffs);</strong></em>
<em><strong>(vi) IS: 11704 Specification for Ethylene Acrylic Acid (EAA) copolymer.</strong></em>
<em><strong>(vii) IS: 12252 - Specification for Poly alkylene terephathalates (PET).</strong></em>
<em><strong>(viii) IS: 12247 - Specification for Nylon 6 Polymer;</strong></em>
<em><strong>(ix) IS: 13601 - Ethylene Vinyl Acetate (EVA);</strong></em>
<em><strong>(x) IS: 13576 - Ethylene Metha Acrylic Acid (EMAA);</strong></em>
<em><strong>(xi) Tin and plastic containers once used, shall not be re-used for packaging of edible oils and fats;</strong></em>
<em><strong>Provided that utensils or containers made of copper though not properly tinned, may be used for the preparation</strong></em>
<em><strong>of sugar confectionery or essential oils and mere use of such utensils or containers shall not be deemed to render</strong></em>
<em><strong>sugar confectionery or essential oils unfit for human consumption.</strong></em>
<em><strong>3. General packaging requirements for Canned products,¹Hkkx III—[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 31</strong></em>
<em><strong>(i) All containers shall be securely packed and sealed.</strong></em>
<em><strong>(ii) The exterior of the cans shall be free from major dents, rust, perforations and seam distortions.</strong></em>
<em><strong>(iii) Cans shall be free from leaks.</strong></em>
<em><strong>2.1.2: Product specific requirements</strong></em>
<em><strong>1. Packaging requirements for Milk and Milk Products</strong></em>
<em><strong>(a) Bottling or filling of containers with heat-treated milk and milk product shall be carried out mechanically</strong></em>
<em><strong>and the sealing of the containers shall be carried out automatically.</strong></em>
<em><strong>(b) Wrapping or packaging may not be re-used for dairy products, except where the containers are of a</strong></em>
<em><strong>type which may be re-used after thorough cleaning and disinfecting.</strong></em>
<em><strong>(c) Sealing shall be carried out in the establishment in which the last heat-treatment of drinking milk or</strong></em>
<em><strong>liquid milk-base products has been carried out, immediately after filling, by means of a sealing device which</strong></em>
<em><strong>ensures that the milk is protected from any adverse effects of external origin on its characteristic. The sealing</strong></em>
<em><strong>device shall be so designed that once the container has been opened, the evidence of opening remains clear</strong></em>
<em><strong>and easy to check.</strong></em>
<em><strong>(d) Immediately after packaging, the dairy products shall be placed in the rooms provided for storage.</strong></em>
<em><strong>2. Packaging requirements for Edible oil/ fat:</strong></em>
<em><strong>Tin Plate used for the manufacture of tin containers for packaging edible oils and fats shall conform to the</strong></em>
<em><strong>standards of prime grade quality contained in B.I.S. Standards No. 1993 or 13955 or 9025 or 13954 as amended from</strong></em>
<em><strong>time to time and in respect of Tin containers for packaging edible oils and fats shall conform to IS No. 10325 or 10339</strong></em>
<em><strong>as amended from time to time.</strong></em>
<em><strong>3. Packaging requirements for Fruits and Vegetables Products</strong></em>
<em><strong>(i) Every container in which any fruit product is packed shall be so sealed that it cannot be opened</strong></em>
<em><strong>without destroying the licensing number and the special identification mark of the manufacture to be displayed</strong></em>
<em><strong>on the top or neck of the bottle.</strong></em>
<em><strong>(ii) For Canned fruits, juices and vegetables, sanitary top cans made up of suitable kind of tin plates</strong></em>
<em><strong>shall be used.</strong></em>
<em><strong>(iii) For Bottled fruits, juices and vegetables, only bottles/ jars capable of giving hermetic seal shall be</strong></em>
<em><strong>used.</strong></em>
<em><strong>(iv) Juices, squashes, crush, cordials, syrups, barley waters and other beverages shall be packed in</strong></em>
<em><strong>clean bottles securely sealed. These products when frozen and sold in the form of ice shall be packed in</strong></em>
<em><strong>suitable cartons. Juices and Pulps may be packed in wooden barrels when sulphited.</strong></em>
<em><strong>(v) For packing Preserves, Jams, Jellies, and Marmalades, new cans, clean jars, new canisters, bottles,</strong></em>
<em><strong>chinaware jars, aluminium containers may be used and it shall be securely sealed.</strong></em>
<em><strong>(vi) For Pickles, clean bottles, jars, wooden casks, tin containers covered from inside with polythene</strong></em>
<em><strong>lining of 250 gauge or suitable lacquered cans shall be used.</strong></em>
<em><strong>(vii) For Tomato Ketchups and Sauces, clean bottles shall be used. If acidity does not exceed 0.5% as</strong></em>
<em><strong>acetic acid, open top sanitary cans may also be used.</strong></em>
<em><strong>(viii) Candied fruits and peels and dried fruits and vegetables can be packed in paper bags, cardboard</strong></em>
<em><strong>or wooden boxes, new tins, bottles, jars, aluminium and other suitable approved containers.</strong></em>
<em><strong>(ix) Fruits and Vegetable products can also be packed in aseptic and flexible packaging material having</strong></em>
<em><strong>good grade quality conforming to the standards laid down by BIS.</strong></em>
<em><strong>4. Packaging requirements for Canned Meat Products</strong></em>
<em><strong>(i) New sanitary top cans made from suitable kind of tin plate shall be used. The cans shall be lacquered</strong></em>
<em><strong>internally; they shall be sealed hermetically after filling. The lacquer used shall be sulphur resistant and shall</strong></em>
<em><strong>not be soluble in fat or brine.</strong></em>
<em><strong>(ii) Cans used for filling pork luncheon meat shall be coated internally with edible gelatin, lard or lined</strong></em>
<em><strong>with vegetable parchment paper before being filled.32 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]</strong></em>
<em><strong>(iii) Meat products packed in hermetically sealed containers shall be processed to withstand spoilage</strong></em>
<em><strong>under commercial conditions of storage and transport.</strong></em>
<em><strong>5. Packaging requirements for Drinking Water (Both Packaged and Mineral Water)</strong></em>
<em><strong>It shall be packed in clean, hygienic, colourless, transparent and tamperproof bottles/containers made of</strong></em>
