In
exercise of the powers conferred by clause (c) of the sub-section (2) of
Section 326 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), the
Governor of Andhra Pradesh hereby makes the following rules relating to the
acquisition and transfer of immovable properties by municipal councils, the
same having been published at pages 420 to 449 of Rules Supplement of Part I of
the Andhra Pradesh Gazette, dated 6th October, 1966, as required under clause
(a) and (b) of sub-section (1) of Section 327 of the said Act. These rules may be called
the Andhra Pradesh Municipalities (Acquisition and Transfer of Immovable
Properties) Rules, 1967. (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, streets 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) 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 counsel 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. TRANSFER OF IMMOVABLE
PROPERTY (1)
Immovable property vesting in,
but not belonging to a Municipal Council shall not be transferred or charged in
contravention of the conditions subject to which such property became vested in
the council. (2)
The deed transfer of immovable
property shall be in the appropriate form in Schedule II appended to these
rules, with such variations as circumstances may require. (1)
A municipal council shall not
without the previous sanction of the Collector of the District, make or
sanction any transfer except by way of these, of any immovable property,
belonging to it or create or sanction of the creation of any charge upon any such
property. If the value of the property so transferred or the amount for which
the charge is so created exceeds Rs. 10,000 the previous sanction of the
Government shall also be obtained for the transaction. (2)
The deed of transfer of immovable
property shall be in the appropriate form in Schedule II appended to these
rules with such variations as circumstances may require. (1)
[2][A
municipal council may lease out any immovable property belonging to it for a
period of three years at any one time and if it is for a period exceeding three
years but not exceeding twenty-five years at a time it may lease out, after
obtaining the prior sanction of Government". (2)
Whenever any lessee is permitted
to put up any building or structure whether of masonry, brick, mud or metal in
the land belonging to municipal council, the prior sanction of the Director of
Municipal Administration shall obtained therefore who may impose such
conditions as he may think fit. (3)
The lease deed shall be in Form
III (a) in Schedule III appended to these rules with such variations as the
circumstances may require. (1)
A municipal council may lease out
any property vested in it but not belonging to the council other than road
sides street margins: Provided that no lease
shall be granted-- (a)
in contravention of the
conditions subject to which such property became vested in the council. (b)
for a period exceeding twelve
months without the previous sanction of the Director of Municipal
Administration: Provided further that no
such lease shall be valid, if the lessee is permitted to put any building or
structure whether of masonry, bricks, wood, mud or any other material, unless
the sanction of the Government in the case of Government lands and of the
Director of Municipal Administration in other cases had been obtained
therefore. (2)
The lease-deed shall be in Form
III (a) in Schedule III appended to these rules with such variations as
circumstances may require. (1)
Lease of road sides and street
margins vested in a municipal council shall be subject to the conditions and
restrictions imposed by the Commissioner and the rules made by the Government
under sub-section (5) of Section 193 of the Andhra Pradesh Municipalities Act,
1965. (2)
The lease-deed shall be in Form
III (b) in Scheduled III appended to these rules with such variations as
circumstances require. (1)
In every case of transfer falling
under Rules 2 and 3, the municipal council shall publish a notice of the
proposed transfer giving full particulars of the property to be transferred,
the name of the proposed transferee and the considerations for the transfer- (a)
in the District Gazette, if the
consideration for the transfer exceeds Rs. 1,000; (b)
by affixture in a conspicuous
position-- (i)
at the offices of the municipal
council, the Collector of the district and the Revenue Divisional Officer; (ii)
at the taluk office; (iii)
at the village chavadi of the
village in which the property is situated; and (iv)
on the property to be transferred. (2)
In case of leases under Rules 4
and 5 notices should be published giving full particulars of the properties to
be leased and the consideration for the rent reserved under the lease together
with the name of the lessee and the period of lease, in the municipal office
and also other public places. (3)
In every case where such transfer
or lease is to be by public auctions a notice of the proposed transfer in Form
A, appended to these rules with full particulars of property to be transferred
or leased shall be published- (a)
in the District Gazette and in
one or two prominent local newspapers circulated within the jurisdiction of the
municipal council if the consideration for the transfer exceeds Rs. 1,000 or if
the rent reserved under the lease exceeds Rs. 500 per annum; (b)
in the manner specified in clause
(b) of sub-rule (1) and sub-rule (2); (c)
by beat of drum in suitable
places; and (d)
by announcing through microphone
where it is possible to do so. (4)
The municipal council may
dispense with the publication in the District Gazette and the newspapers as
required by sub-rule (3) in the case of leases which are granted during the
course of a financial year owing to the failure of the original lessee to
fulfill the terms of his lease. (5)
The municipal council shall
consider objections, if any, received within thirty days from the date of
publication of notice. (1)
Except in cases falling under
sub-rules (3) and (4) of this rule no transfer or lease of any immovable
property made by the municipal council shall be valid unless it be a condition
thereof that the transferee or lessee shall be liable to pay to the Government
such assessment, ground-rent, peshkash or quit-rent as the Collector may
determine to be payable in respect of the property and that the said
assessment, ground-rent, peshkash or quit-rent is subject to revision from time
to time in accordance with the rules in force at the time of such revision
except in respect of quit-rent on enfranchised inam lands and peshkash on lands
in proprietary villages acquired by the municipal council by private
negotiation. (2)
Nothing contained in this rule
shall affect the right of the Government to recover from the municipal council
the assessment, ground-rent, peshkash or quit-rent leviable on lands not
transferred by sale or exchange or otherwise permanently alienated. (3)
In cases where the assessment,
ground-rent, peshkash or quit-rent leviable on the land after transfer is
already being paid by the municipal council and the land is not transferred by
sale or exchange, leased in perpetuity or otherwise permanently alienated, the
municipal council shall continue to pay such assessment, ground-rent, peshkash
or quit-rent and the liability shall not be imposed on the transferee. (4)
In the case of leases falling
under Rule 7, the municipal council shall furnish the Collector with a return
of such leases whereupon the Collector will fix the assessment or ground-rent
on the basis of the information in the return and collect it from the municipal
council. [1]THE ANDHRA PRADESH
MUNICIPALITIES (ACQUISITION AND TRANSFER OF IMMOVABLE PROPERTIES) RULES, 1967
PREAMBLE