Section 2 in Andhra Pradesh Municipalities (Acquisition and Transfer of Immovable Properties) Rules, 1967
2.
(1)A municipal council shall acquire any immovable property under the following conditions, namely:-(a)the property, if intended for any purpose other than roads, bridges, culverts and quarries, is approved by the Municipal Health Officer or if there is no Municipal Health Officer by the Commissioner in consultation with the District Health Officer as to the suitability from the sanitary point of view for the purpose for which it is intended;(b)the property intended for roads, junctions, street-housing schemes and buildings covered by the detailed town planning schemes,housing schemes and other slum development schemes,is approved by the Director of Town Planning after getting the opinion of the town planning officer or the head of the Town Planning Section in the municipality, as the case may be, from the town planning point of view and also approved by the Municipal Health Officer and if there is no Municipal Health Officer by the Commissioner in consultation with the District Health Officer from the sanitary point of view for the purpose for which it is intended.(c)the property, if intended for the construction or extension of buildings in area outside the town planning area is approved by the Municipal Engineers I and II grade in respect of the value of the property and of the Municipal Engineer III grade, if the value of the property does not exceed rupees ten thousand:Provided that in the case of a municipality where there is a municipal engineer and when the value of the property exceeds rupees ten thousand or where there is no Municipal Engineer, the approval of the Executive Engineer (Public Health) of the division or the Sub-Divisional Officer acting under his orders shall be obtained as to the suitability of the purpose for which it is intended.(d)the property, if its value exceeds Rs. 2,500 and if it is intended for educational purposes, is approved by the District Educational Officer also;(e)the property, if its value exceeds Rs.2,500 and if it is intended for hospitals and dispensaries, is approved by the District Medical and Health Officer also;(f)in the case of buildings, a valuation certificate regarding structural stability are obtained from the Municipal Engineer or if there is no Municipal Engineer, from the Executive Engineer (Public Health) of the division or of the Sub-Divisional Officer acting under the orders of the Executive Engineer (Public Health);(g)any immovable property may be acquired under the Land Acquisition Act, 1894;(h)in case such a property is proposed to be acquired otherwise than under the Land Acquisition Act, 1894, the prior approval of the District Collector shall be obtained. While according his approval, the District Collector shall determine the value at which the property is to be acquired and thereafter the Municipal Council shall obtain the sanction of the Government before acquiring the property.(i)in every case where the consideration for the property is not less than Rs. 250 an encumbrance certificate is obtained from the Registration Officer in respect of such property the charges being met from the municipal funds and examined by the Standing Council of the municipal council and where there is no Standing Counsel, by any other council engaged for that purpose unless the nature of the transaction as such as will by law, pass the property free of all encumbrances; and(j)Where the properties acquired with the prior approval of the District Collector in accordance with Section 2 of the Act, if the valuation and the certificate regarding structural stability are obtained from an Executive Engineer (Public Health) or a Sub- Divisional Officer acting under his orders, the municipal council shall pay to the Government in respect of the services so rendered a fee (which shall be credited to the Public Health Engineering Department's account) calculated at the rate of one percent of the value of the buildings, subject to a minimum of 35 rupees. The municipal council shall also pay the travelling allowances of these officers in respect of journeys performed by them in accordance with the Andhra Pradesh Travelling Allowance Rules. The minimum fee of 35 rupees and the travelling allowance of the officer concerned shall also be payable by Municipal council in cases, where an Executive Engineer (Public Health) or a Sub-Divisional Officer acting under his orders, inspects a building but does not actually furnish the valuation and certificate regarding structural stability on the ground that the building is found unfit for purchase.(2)The deed transferring the property to the Municipal Council shall be in the appropriate form in Schedule I appended to these rules, with such variations as circumstances may require.(3)The provisions of sub-rules (1) and (2) shall not apply to a case where the municipal council has to purchase immovable property brought to sale in execution of a decree obtained by it.
