Andhra Pradesh Constitution of Nagar Panchayats and Municipalities Rules, 2019

Andhra Pradesh Constitution of Nagar Panchayats and Municipalities Rules, 2019

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State of Andhra Pradesh - Act

1. Short Title.

2. Criteria for Constitution of Nagar Panchayat.

3. Criteria for Constitution of Municipality .

4. Formulation of proposal by the District Collector.

5. Role of District Collector.

6. Role of Commissioner and Director of Municipal Administration.

7. Processing the proposal at Government Level.

8. Consultation with Panchayat Raj Department.

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

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

11. Constitution of Nagar Panchayat / Municipality.

State of Andhra Pradesh - Act

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ANDHRA PRADESH
India

Published on 7 January 2019
Commenced on 7 January 2019
[This is the version of this document from 7 January 2019.]
[Note: The original publication document is not available and this content could not be verified.]

Andhra Pradesh Constitution of Nagar Panchayats and Municipalities Rules, 2019Published vide Notification No. G.O.Ms.No.10, Municipal Administration & Urban Development (G2) Department, dated 7.1.2019Last Updated 12th September, 2019G.O.Ms.No.10. - In exercise of the powers conferred by section 326 read with Clause (42-a) of section 2 and sub-section (1) of section 2-A and sub-section (1) of Section 3 of the A.P. Municipalities Act, 1965 and in supersession of Andhra Pradesh Transitional Area and Smaller Urban Areas (Fixation of Criteria Rules, 2013) issued in G.O.Ms.No.16, MA & UD Department, Dated:16.01.2013, the Governor of Andhra Pradesh hereby makes the following Rules for Constitution of Nagar Panchayats and Municipalities.

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

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

(a)	Population (as per last census)	:	20,000 to 40,000
(b)	Density of population per Sq. Km	:	400
(c)	Revenue	:	Rs. 40.00 Lakhs Provided that local area with alesser income may also be considered if it has acquired urbancharacteristics
(d)	Percentage of employment in in Non- agricultureactivities.	:	25% Provided that a local area with lesserpercentage of employment in Nonagricultural activities may alsobe considered if it is not more than 20 Kms. away from aMunicipality (District Head quarter) or Municipal Corporation
(e)	Economic importance	:	Availability of market facilities andpotentialities to attract industries
(f)	Other factors	:	Local area acquiring Urban Characteristics

Provided that whenever a main urbanized Grampanchayat is proposed to be constituted as a Nagar Panchayat with merger of surrounding other village(s) of Grampanchayat(s), such village(s) shall fulfill the following condition:-The proposed village(s) going to be merged shall not be more than 3 Kms. from the periphery of outer habitation of the main Grampanchayat to the outer Periphery of the habitation of village(s).

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

(a)	Population (as per last census)	:	Above 40,000 and up to 3,00,000
(b)	Density of population per Sq. Km	:	500
(c)	Revenue	:	Rs. 60.00 Lakhs Provided that local area with alesser income may also be considered if it has acquired urbancharacteristics
(d)	Percentage of employment in Non- agriculturalactivities	:	40% Provided that a local area with lesserpercentage of employment in Non-agricultural activities may alsobe considered if it is not more than 20 Kms. away from aMunicipality (District Head quarter) or Municipal Corporation.
(e)	Economic importance	:	Availability of market facilities andpotentialities to attract industries.
(f)	Other factors	:	Local area acquiring Urban Characteristics

Provided that whenever a main urbanized Gram Panchayat is proposed to be constituted as a Municipality with merger of surrounding other village(s) of Gram Panchayat(s), such village(s) shall fulfill the following condition:-The proposed village(s) going to be merged shall not be more than 3 Kms from the periphery of outer habitation of the main Gram Panchayat to the outer Periphery of the habitation of village(s).

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

(2)The proposal formulated by the District Collector shall contain, among others, the following information in respect of the Gram Panchayat / Gram Panchayats:i. Population as defined in clause-(27-a) of section-2 of the Andhra Pradesh Municipalities Act, 1965 and density of population in Annexure-Iii. Note on economic importance of Gram Panchayat(s)showing availability of market facilities, industries, availability of roads, water supply, schools & colleges, medical facilities, cinema halls and other potentialities to attract industries in Annexure-II.iii. Profile of Gram Panchayat (s) in Annexure-III.iv. Statement showing particulars of employees working in Gram Panchayat(s) in Annexure - IV.v. Statement showing immovable properties owned by the Gram Panchayat(s) in Annexure - Vvi. Statement showing movable properties owned by the Gram Panchayat(s) in Annexure - VIvii. Statements showing fixed deposits and investments held by the Gram Panchayat (s) in Annexure - VII.viii. Statement showing Demand, Collection and Balance (DCB) of taxes and non-taxes of the Gram Panchayat(s) in Annexure - VIII.ix. Statement showing details of ongoing schemes implemented by the Gram Panchayat(s) in Annexure - IX.x. Statement showing work and material bills and other dues payable by the Gram Panchayats(s) in Annexure - X.xi. Statement showing the survey numbers included in the Gram Panchayat(s) village-wise in Annexure- XI.xii. Statement showing boundary description of proposed Nagar Panchayat/Municipality in Annexure- XII.xiii. Sketch showing the existing limits of the Gram Panchayat(s) and proposal limits of Nagar Panchayat/Municipality in Annexure-XIII

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

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

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

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

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

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

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

Name of the Grampanchayat
Name of the Mandal
Name of the District
Population as defined in Section 2 (27a) of APMAct. 1965.
(a) Population as per 2001 census	:
Males	:
Females	:
Total	:
Density of population	:
b) Population as per 2011 census	:
Males	:
Females	:
Total	:
Density of population :

Annexure - IINote on economic importance

Name of the Grampanchayat	:
Name of the Mandal	:
Name of the District	:
Items to be included in the note	:
(i) Availability of market facilities
(ii) Availability of industries
(iii) Availability of roads
(iv) Availability of water supply
(v) Availability of schools and colleges
(vi) Availability of medical facilities
(vii) Availability of cinema halls
(viii) Potentialities to attract industries
(ix) Any item relevant to economic importance

Annexure - IIIProfile of Grampanchayat (s )

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

Sl.No	Item		Units	Detail
1		2	3	4
1. General
1-1	Year of Constitution as Grampanchayat.	Year
1-2	No. of Grampanchayat proposed for merge intoN.P/ Municipaliity	Nos.
If so, specify the names of Grampanchayats
1-3	Names of the religions included in Grampanchayat
1-4	Area	Sq. Km
1-5	Grade of the Grampanchayat	Grade
1-6	Population	2001 Census	Male Female Total
2011 Census	Male Female Total
1-7	Existing No. House holds ( Gram Panchayat wise)	Nos.Nos.
1-8	Existing No. Wards (Gram Panchayat wise) Nos.
1-9	Slums	Notified	Nos.
Non-Notified
1-10	Slum population	Nos.
1-11	Annual income (incl. grants) during the last 3years	Rs. In Lakhs	Year- AmountYear- AmountYear - Amount

1-12	Annual expenditure during the last 3 years	Rs. In Lakhs	Year- AmountYear- AmountYear - Amount

2. Civic Infrastructure
2-1	CC Roads	Length in Kms
2-2	BT Roads	Length in Kms
2-3	WBM/Metal Roads	Length in Kms
2-4	Motorable Kutcha Roads	Length in Kms
2-5	Non-Motorable Kutcha Roads		Length in Kms
2-6	Pucca Drains	Length in Kms
2-7	Kutcha Drains	Length in Kms
2-8	Street Lighting -Central Lighting/ High mastlights	Nos.
2-9	Street Lighting -Sv Lamps		Nos.
2-10	Street Lighting -Tube Lights	Nos.
2-11	Street Lighting - Bubls	Nos.
2-12	Source of Water supply	River/Canal/Borewell
2-13	Protected Water Supply Scheme available	Yes/No
2-14	If PWS is available, House Service Connections	No. of Taps
2-15	Public Taps	Nos.
3. Social Infrastructure
	Hospitals
3-1	Government Hospitals	Nos.
3-2	Primary Health Centers	Nos.
3-3	Private Hospitals	Nos.
	Schools
3-4	High Schools	(a) Maintained by zilla Parishad	Nos
(b) Maintained by Govt.,	Nos
(c) Private Schools	Nos
3-5	Upper Primary Schools	(a) Maintained by Mandal Parishad Nos	Nos
(b) Maintained by Govt.,	Nos
(c) Private Schools	Nos
3-6	Primary Schools	(a) Maintained by Mandal Parishad	Nos
(b) Maintained by Govt.,	Nos
(c) Private Schools	Nos
3-7	Colleges	a) Maintained by Mandal Parishad	Nos
(b) Maintained by Govt.,	Nos
	Other
3-8	Educational Institutions (give details)	(a) Maintained by Mandal Parishad	Nos
(b) Maintained by Govt.,	Nos
3-9	Agriculture Market Committee Yards	Nos.
3-10	Burinal Grounds	Nos.
3-11	Vegetable Markets	Nos.
3-12	Slaughter House	Nos.
3-13	Parks and Play grounds	Nos.
3-14	Community Halls	Nos.
3-15	Anganwadi Centres	Nos.
3-16	Lakes / tanks	Nos.
3-17	Community Toilets complexes	Nos.
3-18	Industries	Nos.
3-19	Solid Waste Dumping Yard Extent
4. Immovable properties
4-1	Buildings	Nos.
4-2	Open lands	Nos. Areas in acres
4-3	Parks	Nos.
4-4	Shops owned by Grampanchayat	Nos.
4-5	Others (Specify)	Nos.
5. Movable Properties
5-1	Vechicles Type of Vechicle	Nos.
5-2	Furniture Type of Furniture	Nos.
5-3	Others (Specify)
6. Civil Society Organisations 6-1 SHGS Nos.
6-2	Voluntary Organisations	Nos.
6-3	Colony Welfare Association	Nos.
6-4	Civic Exnora Societies	Nos.
6-5	NGOS	Nos.

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - IVStatement Showing the Particulars of Employees Working in the Grampanchayat (S)

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

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

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - VStatement Showing Immovable Properties Owned By The Grampanchayat (S)

Name of the Grampanchayat	:
Name of the Mandal	:
Name of the District	:
(A) Details of Lands Owned as on _________________________

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

(B) Details of Building Owned as on__________________________

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

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

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - VIStatement Showing Details Of Movable Properties Owned By The Grampanchayat (S)

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

(A) Details of Vechicles owned as on_________________

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

(B) Details of other Movable Properties owned as on_________________

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

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

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - VIIStatement Showing Fixed Deposits And Investments Held By The Grampanchayat (S)

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

Details of Deposits /FDRs/Investments

SL. No	Specify the funds from which FDR/Investmentmade	FDR/Investment No.	FDR/Investment Date	Blank/ Institution Name where amount isdeposited/invested	Amount deposited/ Invested (Rs)	Amount of Interest receivable from the lastreceipt till the cutoff date(Rs.)	Maturity date	Remarks
1	2	3	4	5	6		7	8
1
2
3
4

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - VIIIStatement Showing DCB of Taxes and Non-Taxes Grampanchayat (S)

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

(A) Details Of The DCB For the Last Three Years

Sl.No	Year	Taxes	Non - Taxes
Demand	Collection	Balance	Percentage of collection	Demand	collection	Balance	Percentage of collection
1	2	3	4	5	6	7	8	9	10
1
2
3

Assigned Revenues	Non- Taxes	Remarks
Demand	Collection	Balance	Percentage	Demand	Collection	Balance	Percentage
11	12	13	14	15	16	17	18	19

(B) Details of Grant Received During the Last Three Years

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

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - IXDetails of Ongoing Schemes In Grampanchayat(S)

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

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

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - XStatement Showing Works/materials Bills and Other Dues Payable by Grampanchayat(S)

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

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

Signature of Panchayat Secretary/Signature of DPOExe. Officer grade______________________District___________GrampanchayatAnnexure - XIStatement Showing The Survey Numbers Included In The Grampanchayat(S) Village-Wise

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

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

Annexure - XIIStatement Showing The Boundary Description Of Proposed Nagar Panchayat/municipalityNorth: Starting from ______________________________till it reaches_____________________West: Starting from ______________________________till it reaches_____________________South: Starting from ______________________________till it reaches_____________________West: Starting from ______________________________till it reaches_____________________Annexure - XIIISketch Showing the Existing Limits of the Gram Panchayat(S) and Proposal Limits of Nagar Panchayat/Municipality

Name of the Agency donating Gift orContribution

Received in the shape of cash or other form

Amount Received

Amount of gift utilized