THE ANDHRA PRADESH VILLAGE ADMINISTRATIVE OFFICERS SERVICE RULES, 1990

[1]THE ANDHRA PRADESH VILLAGE ADMINISTRATIVE OFFICERS SERVICE RULES, 1990

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following rules, regulating the recruitment and conditions of service of Village Administrative Officers.

Part I PRELIMINARY

Rule - 1. Short title extent, and application.

(1)     These rules may be called the Andhra Pradesh Village Administrative Officers Service Rules, 1990.

(2)     They shall extend to the whole of the State of Andhra Pradesh.

(3)     They shall apply to temporary Village Administrative Officers in the State of Andhra Pradesh.

Provided that the Government may, by an order and for reasons to be specified therein exempt any Village Administrative Officer from all or any of the provisions of these rules", subject, to such conditions as the Government may specify therein.

(4)     Provisions contained in sub-rules (2) and (3) of Rule 6 shall apply only to posts to be filled up by direct recruitment i.e. from among the candidates other than erstwhile Village Officers.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Collector" means the Collector of the District or any other officer who is empowered by the Government, to exercise the powers of the Collector;

(b)      "Commissioner" means the Commissioner of Land Revenue;

(c)      'Emoluments' means honorarium or any other remuneration payable in cash in respect of any Village Administrative Officer governed by these rules;

(d)      'Erstwhile Village Officer' means any person who held any of the village office of headman, Munsif, reddy, monigar, peddakapu, Patel, karnam or patwari or triune officer or holder of any such village office by whatever designation it may be locally known including their assistants on or prior to the commencement of the Andhra Pradesh Abolition of Posts of Part-time Village Officers Act, 1985;

[2]Explanation:-For the removal of doubts it is hereby declared that the purposes of this clause the word "Patel" shall mean a Patel appointed under the A.P. (Telangana Area) Village Offices Services Rules, 1978").

(e)      'Government' means the State Government of Andhra Pradesh;

(f)       'Mandal Revenue Officer' means an officer appointed for the Revenue Administration of a Mandal.

(g)      'Notification' means a notification published in the District Gazette or in the A.P. Gazette;

(h)     'Revenue Divisional Officer' means the revenue officer-in-charge of a Revenue Division and includes a Deputy Collector, a Sub-Collector or Assistant Collector in-charge of a revenue division;

(i)       Village' means any local area registered in the revenue records as a revenue village and includes such other area as the Government or Commissioner of Land Revenue may, from time to time by notification, declare to be a revenue village;

(j)       Village Administrative Officer' means any person who is appointed Village Administrative Officer under Rule 3.

Part II APPOINTMENT OF VILLAGE ADMINISTRATIVE OFFICERS AND THEIR QUALIFICATIONS

Rule - 3. [Appointment of Village Administrative Officer.

There shall be a Village Administrative Officer appointed for every Village Administrative Officers as the Government or Commissioner of Land Revenue may from time to time consider necessary. The appointing authority for these posts shall be the Joint Collector. The District shall be treated as the unit for the purpose of appointment of Village Administrative Officers."][3]

Rule - 4. [Selection Committee.

For selecting candidates from among the erstwhile Village Officers and Village Assistants, a Selection Committee consisting of the Joint Collector or an IAS Officer, of the rank of Joint Collector as nominated by the Commissioner of Land Revenue as Chairman and the Revenue Divisional Officer concerned as Member shall conduct interviews for making appointment to the posts of Village Administrative Officers.][4]

Rule - 5. Vacancies of Village Administrative Office to be reported to the Revenue Divisional Officers.

[5][(1) Every vacancy of a Village Administrative Officer caused due to retirement/resignation/death of the holder of such post or due to creation of any new offices as a consequence of reorganisation of Villages, etc., shall as soon as may be after the occurrence thereof be reported by the Mandal Revenue Officer to the Revenue Divisional Officer/Sub-Collector and in turn to the Joint Collector.

(2)   Where a vacancy arises in the post of Village Administrative Officer and if the filling up of such vacancy in accordance with these rules is likely to cause delay, the Mandal Revenue Officer may, by order, place any other Village Administrative Officer of the neighbouring Village in additional charge of each Village Administrative Officer.

Provided that a Village Administrative Officer shall not ordinarily be placed to hold additional charge of more than two Village Administrative Officers at a time. Such additional charge shall not exceed a period of six months.

(3)   Every additional charge arrangements of Village Administrative Officer under sub-rule (2) shall be reported to the Revenue Divisional Officer who may, for reasons to be recorded in writing confirm, modify or rescind the order of the Mandal Revenue Officer.

Rule - 6. Reservations.

(1)     In making appointments to the posts of Village Administrative Officers in the Villages situated in Scheduled Areas, only members belonging to the Scheduled Tribes shall be appointed to such posts.

[6]["(2) (i) the vacancies of the posts of Village Administrative Officers arising in a Revenue Division shall be filled in the order of rotation specified below in every cycle of 100 vacancies, providing 16 per cent for the Scheduled Castes, 7 per cent for Scheduled Tribes, 8 per cent for Backward Class (Group-A), 10 per cent for Backward Class (Group-B), 1 per cent for Backward Class (Group-C) and 7 per cent for Backward Class (Group-D) and 51 per cent for open competition.

 

Provided that this shall not apply for appointments made from the category of erstwhile Village Officers and Village Assistants.

(ii) Preference for Women: In the matter of direct recruitment to the post of Village Administrative Officer other things being equal, preference shall be given to women and they shall be selected to an extent of atleast 30 per cent of posts in each category of O.C., B.C. - A.B.C., -B.B.C. C.B.C.,- D., Scheduled Castes and Scheduled Tribes quota. Provided that is sufficient number of women candidates are not available such vacancies shall be filled by men candidates.

[7]["(2) Out of every two vacancies of the posts of Village Administrative Officers arising in the District the second vacancy shall be filled-up from among the qualified candidates belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes. This will not however, apply to appointments made from erstwhile Village Officers/ Village Assistants.

(3)   Roster shall be maintained at the District Level, and the Selections shall be based on the Roster."

Rule - 7. Appointment in resulting vacancies due to amalgmation or bifurcation of Villages:

(1)     Where two or more villages are grouped or amalgamated so as to form a single new village, as defined in Part-1 (Preliminary) or if any village is bifurcated into two or more villages, all Village Administrative Officers of the Villages or portions of Villages so grouped, amalgamated or bifurcated shall cease to hold office and fresh appointment to such offices shall be made by the District Collector or Commissioner of Land Revenue or Government for the new village or villages, as the case may be.

(2)     While filing in the new Village Offices formed under sub-rule (1) the appointing authority shall, subject to fitness.

(i)       appoint in the first instance the outgoing Village Administrative officers if the number of the newly formed village offices is equal to or more than the number of old offices; and

(ii)      retain those whom he may consider on the basis of guidelines if any, prescribed by Commissioner of Land Revenue/Government, as best qualified and suitable to discharge the functions of the Village Administrative Officers if the number of newly formed offices is less than the number of old offices.

Rule - 8. Qualifications for appointment of Village Administrative Officers

(1)     In case of erstwhile Village Officers, a person shall be eligible for the post of Village Administrative Officer, if.

[8][(i) he has passed the 7th Class or its equivalent examination;

Provided that in Ex-Village Officer who has put in less than ten years of service as on the 6th January, 1984 shall be required to pass the tests as prescribed either for Category-I or Category-II of Class-I Village Officers under the Andhra Pradesh (Andhra Area) Village Officers Service Rules, 1969 or the Andhra Pradesh (Telangana Area) Village Officers Service Rules, 1978, within a period of one year from the date of his appointment, failing which his services shall be terminated without assigning any reasons and without notice;

(ii)   he has not crossed the age of 58 years;

(iii)   he has not been removed or dismissed from service;

(iv)   [9][-]

(v)   he is physically and mentally capable of discharging duties attached to the office:

(vi)   he has not been convicted by any Criminal Court or punished in any Departmental Proceedings for any offence involving moral turpitude, embezzlement, tampering of records, adducing false evidence before any Court or forum thereby affecting Government interests;

(2)     In case of others, for direct recruitment a person shall be eligible for the Village Administrative Officer, if

(i)       he has passed SSC or equivalent examination;

(ii)      he has completed the age of 20 years: but

(iii)     he has not completed the age of 35 years provided that in case of Scheduled Caste/Scheduled Tribes relaxation of 5 years of age shall be given;

(iv)    [10][-]

(v)      he has passed or shall pass the following tests within two years from the date of appointment

(a)      Special test in powers and duties of Village Officers; and

(b)      (Omitted)

(c)      Village Manual of Accounts; and

(d)      Survey for Revenue purposes

(vi)    A person who does not attain the qualifications as prescribed under clause (v) above, shall be removed without notice.

Explanation: A pass in Revenue Tests Parts-I and II and satisfactory competition of Survey Training prescribed for Revenue subordinates shall be deemed to be a pass in the test specified below.

(a)      Village Manual of Accounts;

(b)      Powers and duties of Village Administrative Officers;

(c)      Survey for revenue purposes.

(vii)   In the absence of guidelines as may be framed by Commissioner of Land Revenue, the Selection Committee may frame its own guidelines depending upon the number of posts anticipated and number of aspirants to ensure a fair and impartial selection.

[11][(3) For appointment to the post of Village Administrative Officer, preference shall be given to the Village Servants who possess the requisite qualification and have put in a minimum service of five years in the Category of Village Servant"

Rule - 8-A. [Termination.

The performance of the Village Administrative Officers appointed under Rule 3 shall be watched by the Revenue Divisional Officer concerned for a period of one year from the date of his working charge and if his/ her performance is found to be satisfactory he/she will be continued in service. Otherwise his/her services will be terminated.][12]

Rule - 9.

(a)      Applications shall be called for separately for the redelimited jurisdictions of the Village Administrative Officers from the eligible erstwhile Village Officers and Village Assistants.

(b)      If no candidate is available in the jurisdiction of a Village Administrative Officer, Revenue Divisional Officer can appoint a candidate of a neighbouring village within the Mandal, in any case not beyond the jurisdiction of concerned Revenue Division.

(c)      The eligible Ex. Village Officers/Village Assistants shall be called on to appear before the Selection Committee for interview after a notification to be issued by the Collector. The Selection Committee shall conduct the interviews etc. and prepare an exhaustive merit list for each redelimited Jurisdiction of the Village Administrative Officer.

(d)      The Selection Committee shall conduct interview with the following criteria.

(e)      The Selection Committee shall prepare merit lists and the Revenue Divisional Officer will issue appointment order to the erstwhile Village Officers according to the merit lists prepared for each Village or group of Villages, if there are more than one candidate.

Rule - 10.

The appointing Authority shall follow such procedure as may be specified by the Commissioner of Land Revenue for making direct recruitment.

Rule - 11.

Notwithstanding anything contained in these rules, recruitment to the posts created in G.O.Ms.No. 933, Revenue dated 5-11-1990 shall be made in the following order of priority:

(i)       The Village Assistants who apply for the Village Administrative Officers posts;

(ii)      Erstwhile Village Officers who possessed the qualifications mentioned in [14][clause (i)] of sub-rule (i) of Rule 8 and had not attained the age of 58 years;

(iii)     Erstwhile Village Officers who had not passed the Village Officers tests mentioned in [15][clause (i)] of sub-rule (i) of Rule 8 but passed SSC and had not attained the age of 58 years subject to the condition that they should pass the Tests within a period of one year from the date of appointment

(iv)    Balance of posts, if any, by direct recruitment

Rule - 12.

The Spouse/dependent children of a Village Administrative Officer, who dies in harness before attaining the age of 62 years, shall be appointed as Village Administrative Officers, provided that there is no other earning member in the family of such deceased Village Administrative Officer and an application is made in this regard within a period of one year from the date of the death of such Village Administrative Officer and also she/he is educationally qualified.

Rule - 13.

A person shall be disqualified for appointment as Village Administrative Officer or for continuance, if he has been adjudicated as an insolvent by a competent court and has not obtained an order of discharge or if he has filed a petition in a Court to be adjudged as insolvent and the petition is pending disposal in the Court A person shall be disqualified for appointment as Village Administrative Officer or for continuance, if he has been convicted in any Court of Law for any Criminal charge, involving moral turpitude.

Rule - 14. Maintenance of Service Register.

For Every Village Administrative Officer, a Service Register shall be opened with particulars of age, qualification etc., and the entries in the service register shall be attested by the Mandal Revenue Officer and kept in the Mandal Revenue Officer's Office.

Rule - 15. Furnishing of Security.

Every person appointed to a post of Village Administrative Officer shall furnish before taking up the appointment, security to the extent of twenty five per cent of the total land revenue of the village concerned subject to a maximum of Rs. 5,000/- (Rs. Five thousand only) in the shape of fidelity bonds except in the case of S.Cs. and S.Ts. who shall furnish surety for an amount not exceeding Rs. 1000/- (Rs. One thousand only).

Rule - 16. Village Administrative Officers to be part time employees.

The post of Village Administrative Officer is a transferable one and a Village Administrative Officer shall be treated as a part-time temporary employee. The Joint Collector may, from time to time, transfer any Village Administrative Officer within the District in the interests and for the Convenience of the administration. The Village Administrative Officer is entitled to transfer travelling allowance as admissible to the last grade Government employee by producing proper receipt of transport"

Rule - 17. Village Administrative Officers to reside in charge village.

Every village Administrative Officer shall reside In the village or in one of the villages under his charge.

[16][-]

Part III DUTIES OF VILLAGE ADMINISTRATIVE OFFICERS

Rule - 18. Duties of Village Administrative Officers.

(1)     Every Village Administrative Officer shall perform the duties prescribed in the Village Officer's and Ryots manual or in any other Manual, Code or Book which the Government may specify as applicable to a particular region and such other duties as the Government or Commissioner of Land Revenue or the Collector or any authority or officer authorised by them in this behalf may, from time to time, require him to perform. He shall also maintain properly and upto-date all accounts and registers contained in the Manual of Village Accounts or any other corresponding Manual or Manuals applicable to a particular region and such other accounts as he may, from time to time, be required by the Government or the aforesaid authorities or officers to maintain.

(2)     Village Administrative Officer should attend to the following duties:

(A)     GENERAL ADMINISTRATIVE/REVENUE DUTIES.

(i)       Maintenance of the Village Records and all village accounts;

(ii)      Collection of Land Revenue, Cases, Taxes and other sums due to Government

(iii)     Azmoish of crops (100%) inclusive of inspection of survey stones:

(iv)    Preliminary reports on the issue of community, income, nativity, solvency and such other certificates;

(v)      Provide intimation regarding fire accidents, floods, cyclone and other accidents and calamities to the higher officials whenever and wherever arise and assistance to the Revenue Officials in assessing loss sustained by natural calamities and in providing relief.

(vi)    Special attention to be paid for preparation of accounts pertaining seasonal conditions inclusive of rain fall.

(vii)   To inform the Railway Station Masters of any mishap or unusual occurrence of floods,

(viii)  Preparation of pay bills of village servants,

(ix)    Maintenance of Village Chavadies.

(x)      Protection of government lands, government tanks, trees and other government properties and take effective steps to safeguard the interests of Government;

(xi)    Inform promptly the higher officials in respect of treasure trove and unclaimed property and escheat,

(xii)   Regulation of supply of water to the fields and also distribution of drinking water to the villagers during the needy seasons if specifically authorised by the competent authority,

(xiii)  Shall intimate the Mandal Revenue Officer of any intended demolition of ancient buildings and any inscriptions in any such reserved ancient/found monuments etc.

(xiv)  To preserve and safeguard government lands and properties from encroachments, damage or misuse including the lands available to the public such as, roads, streets and open spaces in and near their villages.

(xv)   To report encroachments or damage or misuse of Government lands and damage to Government property promptly to the Mandal Revenue Officer and take effective follow up action.

(xvi)  A Village Administrative Officer shall always protect the interest of Government. He should not depose against the interests of the Government in any Court/Tribunal or Forum. He may attend any Court hearings with the prior permission of the Mandal Revenue Officer.

(B)     POLICE FUNCTIONS

(i)       Shall give prompt information to the Police Department under intimation to the Mandal Revenue Officer regarding murders, suicides, unnatural deaths and other developments which may threaten peace in the area and also help the Police Department for conduct of enquiries and investigations.

(ii)      Inform the police of strangers of suspicious appearance who have entered and taken refuge in the village.

(iii)     Prevent the commission of any offence or public nuisance.

(iv)    Take measures to bring the offenders to justice.

(v)      search for stolen property and bring to the Police Station.

(vi)    Preserve in tact the scene of offence.

(vii)   Take charge of unclaimed property and send to the Police Station.

(viii)  Inform occurrence of an accident to an aircraft to the nearest Police Station and in the case of injuries to persons to the concerned Medical Officer.

(C)     COMMUNITY WELFARE AND DEVELOPMENT DUTIES

(i)       Assist in work relating to payment of old age pensions and bringing the pension register upto date.

(ii)      Shall maintain Birth and Death Register in minor Panchayats.

(iii)     shall report promptly the symptoms or outbreak of epidemics like cholera, cattle diseases, plague encephalitis, etc.

(iv)    Furnishing the required particulars to various services, successful implementation of developmental activities at the village level.

(D)     MISCELLANEOUS

(i)       To inform about the theft pilferage of electricity to the concerned authorities.

(ii)      To perform election duties.

(iii)     Such other duties as may be assigned to him by the Government, Commissioner of Land Revenue, Collector, Revenue Divisional Officer or any authority, authorised in this behalf.

Rule - 19. Custody and Production of Accounts, Registers etc, by Village Administrative Officers.

(1)     A Village Administrative Officer shall, when called upon to do so, produce the accounts, registers and other records maintained by him or which are in his custody for inspection of any revenue official or any other Officer authorised by the Collector, Revenue Divisional Officer or Mandal Revenue Officer. Except when called upon to produce his accounts and other records as mentioned above, the Village Administrative Officers shall keep the accounts, registers and records in his personal custody unless otherwise directed in the Village Manual of Accounts or any other corresponding manual or book applicable to a particular region.

(2)     In the event of suspension, removal or dismissal or proceeding on leave other than Casual leave, he shall hand over all the accounts, registers, records and the like to the person duly appointed by the competent authority or authorised to take charge by the Mandal Revenue Officer.

Rule - 20. Village Administrative Officers not to take part in Politics.

Village Administrative Officers shall not take part in politics. They shall neither stand for any election including to a State Legislature, Gram Panchayat, Co-operative Society etc., not shall they propagate on behalf of any group, political party or individuals.

Rule - 21. Court Attendance to be treated as Duty.

The Village Administrative Officer attending Courts on summons in their official capacity shall be deemed to be on duty.

Rule - 22. Sanction to prosecute Village Administrative Officers.

No criminal prosecution shall be launched against a Village Administrative Officer without the specific sanction of the appointing authority for anything done or omitted to be done in the discharge of his normal duties.

Part – IV PAYMENT OF HONORARIUM, SANCTION OF LEAVE AND THE LIKE

Rule - 23. Payment of Honorarium and allowances.

(a)      There shall be paid to the Village Administrative Officers every month an honorarium as may be fixed by the Government from time to time.

(b)      The Village Administrative Officer shall be paid travelling allowance and dally allowance for such journeys and at such rates as the Government may, from time to specify.

Rule - 24. Village Administrative Officers are eligible for leave without allowance.

No Village Administrative Officers shall be entitled to any emoluments or other allowances when on leave other than casual leave.

Rule - 25. Emoluments of a substitute.

Where a substitute is appointed In any vacancy of Village Administrative Officer, he shall be entitled to the honorarium and allowances of the said Village Office.

[17][Provided that while appointing a substitute in such vacancy, the competent authority may give preference to a suitable and qualified person in accordance with sub-rule Rule (1) of Rule 8 of A.P. Village Administrative Officers Service Rules 1990 who has been nominated by the Village Administrative Officer who is granted earned leave, except from those who are due to retire with in one year subject to the condition that he shall furnish a personal security for such a sum as may be specified by the competent authority for the conduct of his nominee and for the safe custody of cash and important records.

[18][Provided further that in the case of a nominee to be appointed as a substitute, such substitute must have completed the age of 20 years but should not have completed the age of 58 years".

Rule - 26. Additional Charge Allowance.

Where a Village Administrative Officer discharges the duties of another Village Administrative Officer, in addition to his own, he shall be granted additional charge allowance at the rate of 2/5th of the honorarium for such period of the additional office in question, which shall be paid every month.

Rule - 27. Treating the period out of office when restored.

When a Village Administrative Officer, who has been removed, dismissed or suspended, is reinstated on appeal or revision, the authority competent to order the reinstatement, shall consider and make a specific order treating the period as duty if he is fully exonerated or as suspension or as leave to which he is entitled if he is not fully exonerated.

Rule - 28. Preparation of Pay Bills.

(i)       At the beginning of each month pay bill pertaining to the Village Establishment actually employed during the previous month shall be prepared under the signature of Village Administrative Officer in such form as may be specified by the Collector and forwarded to the Mandal Revenue Officer's Office.

(ii)      The pay bill shall be prepared separately for each Village Administrative Officer's jurisdiction in the charge of Village Administrative Officer.

(iii)     Any amount which may remain undrawn in any month relating to the emoluments by reason of any officer being absent on leave or by reason of any appointment not having been sanctioned by the competent authority shall be specified in the pay abstract with details in the remarks column explaining the reasons for the non-drawal and all such entries shall be referred when the amount is claimed on subsequent bill.

(iv)    The pay bill shall be scrutinised and audited in the Mandal Revenue Officer's Office in the manner specified in the Special Fund Code.

(v)      The pay bill after scrutiny shall be returned to the village with an order for payment under the signature of the Mandal Revenue Officer or in his absence, of the Head Assistant of the Mandal Revenue Officer's Office.

(vi)    When the pay is drawn from a Government Treasury, the pay order shall be endorsed on the pay bill but when drawn from a bank a printed cheque shall be issued. In either case, the pay abstract shall be returned to the Village Administrative Officer for being retransmitted to the Mandal Revenue Officer after obtaining the acquittance of the payees.

Rule - 29. Arrear claims

The arrear claims shall be prepared on separate bills, particulars of the periods on account of which the arrears are due and of the months in which they were refunded to the treasury by short drawal being carefully noted.

Rule - 30. Sanction of Revenue Divisional Officer, collector and. Commissioner of Land Revenue necessary in certain time barred claims:

No emoluments shall be drawn for the Village Administrative Officers without the special sanction of the Revenue Divisional Officer when it is not drawn for more than six months and without the sanction of the Collector when it is not drawn for more than three years and without the sanction of the Commissioner of Land Revenue if it is not drawn for a period of more than five years.

Note. The periods of six months three years and the five years shall be calculated from the date of sanction of the appointment by the competent authority or from the date of its accrual whichever is later.

Rule - 31. Short drawal of undisbursed salaries:

The undisbursed emoluments in any month shall be refunded by short drawal of the pay bill of the following month.

Rule - 32. Emoluments not liable for attachment.

The emoluments of Village Administrative Officers shall not be liable to be transferred or encumbered in any manner whatsoever and it shall not be lawful for any court to attach such emoluments or any portion thereof.

Rule - 33. Authority competent to sanction Casual leave.

(1)     Every Village Administrative Officer shall be eligible for casual leave for a period of twelve days in a calendar year. They shall also be eligible for three optional holidays in calendar year in addition to twelve days casual leave.

(2)     The Mandal Revenue Officer shall be competent to sanction casual leave to all Village Administrative Officers.

(3)     The Village Administrative Officer shall be competent to sanction casual leave to the village servants provided that satisfactory arrangements are made for the performance of the work.

Rule - 34. Village Administrative Officers to proceed on casual leave with permission of Revenue Inspector in case of emergency.

In case of emergency the Village Administrative Officer may proceed on casual leave with the prior permission of the Revenue Inspector on application which shall be forwarded by the Revenue Inspector to the [19][Revenue Divisional Officer for orders.

Rule - 35. Grant of leave by [20][Revenue Divisional Officer.

The [21][Revenue Divisional Officer may grant leave to a Village Administrative Officer within his jurisdiction for a period not exceeding four months at a time without honorarium.

Provided that he may on medical grounds or for pilgrimage or study purposes grant leave to a Village Administrative Officer for a period not exceeding six months at a time without any honorarium.

Rule - 36. [Sanction of leave by Joint Collector.

The Joint Collector shall be competent to grant leave for periods exceeding two months at a time to the Village Administrative Officers for any purpose provided that no honorarium shall be paid for the period.]3

Rule - 37. Ineligible for Earned Leave, surrender Leave, Leave Travel Concession etc.

Village Administrative Officers posts, being part-time local posts carrying a consolidated honorarium shall not be eligible for earned leave, surrender leave, leave travel concession or voluntary retirement on medical invalidation, pension etc.

Rule - 38. [Superannuation.

The age of Superannuation of a Village Administrative Officer shall be sixty five years, subject to his/her being physically fit as assessed to the satisfaction of the appointing authority".][22]

Rule - 39. Production of Medical Certificate for leave on Medical Grounds and production of fitness certificate for admission after leave on medical grounds.

(1)     In case of application for the grant of leave on medical grounds the authority competent to sanction the leave may require the production of a medical certificate from a medical officer not lower in rank than an Assistant Civil Surgeon or R.M.P.

(2)     The incumbent who has been sanctioned leave on medical grounds on the production of medical certificate while returning from such leave shall produce a certificate of fitness from Medical Officer not lower in rank than an Assistant Civil Surgeon or R.M.P.

(3)     The incumbent shall not be eligible for honorarium for the leave period on medical grounds.

Rule - 40. Acceptance of Resignation.

(1)     The appointing authority may accept the resignation tendered by a Village Administrative Officer.

(2)     The resignation tendered by a Village Administrative Officer while on duty shall normally take effect from the date of his relief, in pursuance of its acceptance by the appointing authority.

(3)     In the case of Village Administrative Officer while on leave, the resignation shall take effect from the date of receipt by the concerned Village Administrative Officer of the communication accepting the resignation by the appointing authority.

(4)     In special cases where the resignation may have to be accepted from an earlier date in view of any special circumstances justifying such action, the appointing authority, shall take into account the circumstances leading to the resignation and delay in taking action thereon, and may accept the resignation from the date of receipt of the application in his office.

(5)     The resignation tendered by a Village Administrative Officer shall not be rejected unless charges are pending against the incumbent.

(6)     No cognizance shall be taken of withdrawal of resignation by a Village Administrative Officer after such resignation has been given effect to, but it shall be open to the competent authority to permit withdrawal at any time before it has been given effect to, if that authority is satisfied that such resignation was tendered under coercion, under influence, fraud or for other sufficient cause.

Rule - 41. Gratuity.

Gratuity shall be paid at the rate of one month's honorarium for every completed year of service subject to a maximum of 20 months honorarium to a Village Administrative Officer on attaining the age of superannuating or in case of death whichever is earlier.

Rule - 42. Group Insurance Scheme.

The Group Insurance Scheme, as may be prescribed by Government, shall be extended to Village Administrative Officers under which Rs. 10/- may be deducted from their monthly honorarium.

Part V DISCIPLINARY MATTERS

Rule - 43. Imposition of fine by Mandal Revenue Officer.

Mandal Revenue Officer may suo motu or on a complaint, make an enquiry and impose a fine on any Village Administrative Officer for good and sufficient reason with in such amount as the Commissioner of Land Revenue may, by general or special order specify.

Rule - 44. Powers of Jacaranda Officers, Settlement Officers and the like.

A Revenue Divisional Officer conducting Jacaranda of a division other than his own or any other officer directed by the District Collector to conduct the Jacaranda or a Settlement Officer may suo motu or on a complaint, conduct an enquiry and impose a fine on any Village Administrative Officer for negligence of duty, carelessness, disobedience or orders or absence without permission, Should however it appear to any such officer in view of the conduct of any Village Administrative Officer that mere imposition of fine would not be sufficient to meet the ends of justice, he shall place on record his opinion and leave the matter to the concerned Revenue Divisional Officer or Mandal Revenue Officer as the case may, be, for disposal.

Rule - 45. [Powers of Revenue Divisional Officer to punish VillageAdministrative Officers.

(i)       The Revenue Divisional Officer may suspend, censure, or fine a Village Administrative Officer either suo-motu or on a complaint received after conducting an enquiry, subject to ratification by the appointing authority.

(ii)      The appointing authority or any superior authority to which it is subordinate may however,

(a)      Suspend any Village Administrative Officer, if he has filed an application to be adjudged an insolvent; and

(b)      fine, suspend, remove or dismiss any Village Administrative Officer for misconduct, neglect of duty, incapacity, non-residence in the village, or conviction in a criminal case which in his opinion, disqualifies him from holding the office or for any other sufficient cause.][23]

Rule - 46. Opportunity to be given before a Village Administrative, Officer is punished

No order imposing fine on a Village Administrative Officer shall be passed except after the Village Administrative Officer is informed of the action proposed to be taken against him and of the allegations on which the action is proposed to be taken and he is given an opportunity to make any representation which he may wish to make. Such representation, if any, shall be taken into consideration by the authority competent to impose the punishment. The said authority shall make a record of its reasons for passing an order as above.

Rule - 47. Suspension of pending enquiry

(1)     An Officer competent to suspend a Village Administrative Officer as a measure of punishment may also place under suspension such Village Administrative Officer from service pending investigation or enquiry into grave charges or where a case against a Village Administrative Officer in respect of any criminal offence is under investigation or trial, if he is satisfied that the continuance in office of the Village Administrative Officer is detrimental to public interest or administration and he shall make record in writing of his reasons for so doing and a copy of the same shall be furnished to the Village Administrative Officer concerned.

Provided that where a Village Administrative Officer is detained in custody, whether on a criminal charge or otherwise for a period exceeding 48 hours, he shall be deemed to have been suspended with effect from the date of detention by an order of the appointing authority and shall remain under suspension until further orders;

[24]Provided further that, where a Village Administrative Officer has been suspended and the investigation has not been completed or the action proposed to be taken in regards to him has not been completed within the period of suspension which shall not exceed six months, the Village Administrative Officer shall be deemed to have been reinstated to duty unless the authority, who ordered such suspension obtains the orders of the Head of the Department to continue the said Village Administrative Officer under suspension for a further period of six months. In no case shall such an interim suspension be in force for a period exceeding one year except in those where Criminal cases are pending Trial and this period of one year of suspension shall not include the periods for disposal of appeal and Revision".

(2)     Where a penalty of dismissal, removal from service is imposed upon a Village Administrative Officer after he had been placed under suspension under sub-rule (1) and if such penalty is set aside in appeal or revision under these rules and the case is remitted for further enquiry or action or with any other directions, the original order of suspension pending enquiry of such Village Administrative Officer shall be deemed to have continued in force until further orders of the competent authority.

(3)     Where a penalty of dismissal, removal or suspension from service imposed upon a Village Administrative Officer is set aside or declared or rendered void in consequence of or by a decision of Court of Law and the authority competent to impose the penalty on a consideration of the circumstances of the case decides immediately thereafter to a hold a further enquiry against him on the allegations on which the penalty was originally imposed, the Village Administrative Officer shall be deemed to have been placed under suspension pending enquiry by the authority competent to impose the suspension from the date of original order of dismissal, removal or suspension from service and shall continue to remain under suspension until further orders of competent authority.

(4)     An order of suspension made under this rule may, at any time be revoked by the authority which made the order or by any authority to which that authority substituted.

(5)     During the period of suspension, the Village Administrative Officer is not entitled to any remuneration or subsistance allowance.

Rule - 48. Procedure for enquiry.

(1)     The enquiry before imposition of any of the penalties other than fine against a Village Administrative Officer shall be made in the manner hereinafter provided.

The grounds on which it is proposed to take action against a Village Administrative Officer shall be reduced to the form of a definite charge or charges which shall be communicated to him and he shall be required to appear on a day to be fixed, before the enquiry officer to answer the charge or charges. On that day, the Village Administrative Officer shall be required to put in a written statement of his defence and state whether he desires an oral enquiry. An oral enquiry shall be held if such enquiry is desired by the Village Administrative Officer and he shall be heard in person, if so desired. At such enquiry, oral evidence shall be heard as to such of the allegations as are not admitted by the person charged and he shall be entitled to cross examine the witnesses, to give evidence in person and to have such witnesses as he may wish to be called, provided that the officer conducting the enquiry may, for reasons to be recorded in writing refuse to call any witness. After the enquiry is completed the persons charged shall be entitled to put in a further written statement of his defence.

(2)     The authority competent to impose the penalty shall, on consideration of the proceedings of enquiry under sub-rule (1), arrive at a provisional conclusion in regard to the punishment, he proposes to impose on the Village Administrative Officer and shall communicate the provisional conclusion in writing and call upon the delinquent to appear on a certain day to be fixed by him to show cause against the particular punishment proposed to be imposed. On that day, the said authority shall record his plea and hear his representation. Any representation made in this behalf by the person charged shall be duly taken into consideration before final orders are passed.

(3)     An enquiry may be made in the absence of a Village Administrative Officer charged when the officer holding the enquiry is satisfied that for some reason, to be recorded by him in writing it is not reasonably practicable to hold such enquiry.

(4)     The enquiry under sub-rule (1) may be conducted by an officer not below the rank of Mandal Revenue Officer (Tahsildar Cadre) or by any other officer not below the rank of Mandal Revenue Officer (Deputy Tahsildar cadre) specially nominated by the authority competent, to impose the punishment or any other higher authority. If the Officer who conducted the said enquiry is not himself competent to impose the appropriate penalty on the Village Administrative Officer charged, he shall submit the record of enquiry to the authority concerned with a report containing his findings. The authority competent to impose the punishment before passing final orders shall furnish a copy of the inquiry officer's report to the delinquent along with his provisional findings.

(5)     The requirements of sub-rules (1) and (2) shall not apply where it is proposed to take action on a Village Administrative Officer on the ground of conduct which has led to his conviction on a criminal charge and a formal order under sub-rule (7) shall be issued.

(6)     The order passed under sub-rule (5) above shall be final with no provision for appeal.

(7)     In passing order on the cases referred to in this rule, the authority competent to impose the punishment shall briefly sum up the evidence on the several charges and record in English or in the regional language, a distinct order as to whether the charge or charges have been proved or not with a concise statement of the reasons there for and the punishment ordered.

Rule - 49. Time allowed for appeal to be indicated in the order:

At the foot of the order concerning appointment of a Village Administrative Officer or indicating punishment of dismissal, removal, suspension or fine under these rules on a Village Administrative Officer the period and the authority before which an appeal may be filed shall be clearly specified and a copy of that order shall be furnished free of charge to Village Administrative Officer concerned.

Part VI APPEALS

Rule - 50. [Appeal against appointment of Village Administrative Officers.

(1)     Against an order of appointment of a Village Administrative Officer made under clause (a) of Rule 9 an appeal lies to the Commissioner of Land Revenue within ninty days from the date of receipt of the order of the Joint Collector.][25]

Rule - 51. Appeal against Mandal Revenue Officer's order punishing a Village Administrative Officer.

Against every order passed by Mandal Revenue Officer imposing fine on a Village Administrative Officer, an appeal shall lie to the Revenue Divisional Officer within thirty days from the date of receipt of such order.

Rule - 52. Appeal against the orders of the Revenue Divisional Officer punishing a Village Administrative Officer.

Against every order passed by a Revenue Divisional Officer imposing on a Village Administrative Officer any of the penalties of fine, suspension, removal or dismissal from service or placing him under suspension pending investigation or enquiry into the charges against him an appeal shall lie to the Collector within thirty days from the date of receipt of such order.

Rule - 53. Second appeal against an order punishing a Village Administrative Officer.

Against every order of the Collector dismissing or removing a Village Administrative Officer in appellate or original proceedings an appeal shall lie to the Commissioner of Land Revenue within ninety days from the date of receipt of the order of the Collector.

Rule - 54. Officer passing original order cannot take up appeal in his higher capacity.

If the Officer before whom an appeal is preferred under these rules in the capacity of a Collector or Revenue Divisional Officer happens to be the Officer who passed the orders appealed against in another capacity, he shall report the fact to the Commissioner of Land Revenue or the Collector, as the case may be, and the appeal shall be disposed of by the Commissioner of Land Revenue or Collector, as the case may be.

Rule - 55. No Review by an authority of its own order.

(1)     No authority which has passed an order under these rules except the Government shall review its own order.

(2)     The Government may either suo motu or on an application from any person interested, made within ninety days of the passing of an order except under Rule 48(5) review the order, if it is found that it was passed by them under any mistake whether of the fact or of the law or in ignorance of any material fact.

Rule - 56. Copy of order appealed against to accompany the memorandum of Appeal.

The memorandum of appeal shall be accompanied by a copy of the order furnished to the petitioner or by a certified copy of such order.

Rule - 57. Personal hearing of appeal.

(1)     When an appeal is admitted under these Rules the appellate authority shall fix a date for the hearing of the appeal and shall give due notice thereof to the appellant.

(2)     When the appeal is from an order concerning an appointment, due notice thereof and the date of hearing shall be served upon the person whose appointment is questioned and who shall be the respondent in the said appeal. Such notice shall declare that if he does not appear on the days so fixed, the appeal will be heard ex parte;

Provided that where the Commissioner of Land Revenue is the appellate authority, it shall not be necessary to comply with this rule, unless the appellant asks for hearing.

(3)     Any Village Administrative Officer may in any appeal or revisional proceedings represent his case in person or be represented by any Advocate or any agent nominated by him.

Provided that the appellate or the revisional authority, may however at any time, in the course of the proceeding require that such Village Administrative Officer shall be present in person.

Rule - 58. Rehearing of an appeal disposed of ex-parte.

Notwithstanding anything in Rule 55(1) when an appeal is heard ex parte in the absence of the respondent and decision given against him, he may apply to the appellate authority to re-hear the appeal, if he proves that the notice was not served upon him or that he was prevented by sufficient cause from attending when the appeal was called on for hearing.

Rule - 59. Stay of orders.

The appellate authority may at its discretion stay the execution of any order under these rules appealed against pending final disposal of such appeal.

Rule - 60. Taking further evidence in appeal.

If the appellate authority considers that further evidence is necessary, it may take such evidence itself or may direct the officer whose order is appealed against to take additional evidence and to transmit the record thereof to the appellate authority by a specified date.

Rule - 61. Summary rejection of an appeal.

Notwithstanding anything in these rules, nothing shall prevent the appellate authority from rejecting an appeal summarily if on a perusal thereof and after hearing the appellant, it considers that there is no sufficient ground for interference.

Rule - 62. Enquiry not to be held defective or irregular.

No enquiry shall be held to be defective or irregular merely by reason of the non-observance of all the formalities laid down in Rule 48 unless it shall appear to the appellate authority that the appellant has thereby been materially prejudiced.

Rule - 63. Revision.

(1)     The Government may either suo motu or on an application made to them call for and examine the records relating to any decision or order passed by the Commissioner of Land Revenue under these rules, not being a decision or order staying the execution of any decision or order appealed from or sought to be revised for the purpose of satisfying themselves as to the legality, regularity or propriety thereof and pass such order in reference thereto as they think fit.

Provided that no application for the revision of any such decision or order shall be entertained after the expiry of sixty days from the date of such decision or order.

Provided further that the Government shall not pass any order prejudicial to any person unless such person has had an opportunity of making a representation.

(2)     The Government may stay the execution of such decision or order pending the exercise of their power under sub-rule (1) in respect thereof.

(3)     Any application for the revision made after the expiry of the period specified in the first proviso to sub-rule (1) may be admitted if the applicant satisfies the Government that he had sufficient cause for not making such application within the said period.

Rule - 64. Procedure to be followed before enhancing punishment.

If the appellate or revisional authority under these rules proposes to enhance the penalty imposed on a Village Administrative Officer to one of suspension, removal or dismissal from service and an enquiry under Rule 48 has not already been held in the case, such appellate or revisional authority shall, subject to the provisions of that rule, hold such enquiry or direct that such enquiry be held and, thereafter on consideration of the proceedings of such enquiry and after giving the Village Administrative Officer concerned an opportunity of making representation on the penalty proposed, pass such orders, as it may deem fit

Rule - 65. Time allowed for rectification of formal defects in preferring appeal.

Where an appeal which was in time on its first presentation is not admitted on technical grounds or for the correction of an initial error the appellant shall be directed to remedy the defects within a specific period which may ordinarily be thirty days, failing which, the appeal shall be liable for rejection on the ground of limitation.

Rule - 66. Admission of time barred appeal.

An appeal may be admitted by the appellate authority after the prescribed period if the appellant satisfies the authority that he had sufficient cause for not filing the appeal within such period.

Part VII MISCELLANEOUS

Rule - 67. Provisions of other rules not applicable.

The provisions of General Rules for the State and Subordinate Services or any other rules except Andhra Pradesh Revenue Malversation, Regulation, 1822 shall not apply to the Village Administrative Officers unless ordered specifically by the Government from time to time.

Rule - [68.

(1)     The Village Administrative Officers (by Revenue) may take up subsidiary occupations such as Branch Post Master, Stamp Vendor or other occupations of like nature in the charge village(s) after notifying the Mandal Revenue Officer in writing.

(2)     In all other cases, prior permission of the Revenue Divisional Officer shall be obtained.

(3)     Notwithstanding anything in sub-rules (1) and (2), the Revenue Divisional Officer may, at any time require a Village Administrative Officer to give up such occupation if he is satisfied that such occupation is or is likely to be detrimental to his normal duties and the Village Administrative Officer shall give up such occupation:

Provided that the Revenue Divisional Officer shall not pass an order under this sub-rule without giving the concerned Village Administrative Officer an opportunity of making his representation."][26]

Rule - 69.

The Government may issue such orders under these rules as deemed necessary from time to time.

Rule - 70. Training for new recruiters.

After selection, the Village Administrative Officer shall undergo such training as may be prescribed by the Commissioner of Land Revenue, Collector or Revenue Divisional Officer.

Rule - 71. Relaxation of Rules.

Notwithstanding anything contained in these rules, it shall be competent for the Commissioner of Land Revenue to deal with the case of any person for being appointed as Village Administrative Officer in such manner as may appear to him to be just and equitable except in respect of matters for which the power of exemption is separately provided in these rules:

Provided that where such rule is applicable to the case of any person the case shall not be dealt with in any manner less favourable to the person than that provided by that rule.

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THE ANDHRA PRADESH VILLAGE ADMINISTRATIVE OFFICERS SERVICE RULES, 1990

[1]THE ANDHRA PRADESH VILLAGE ADMINISTRATIVE OFFICERS SERVICE RULES, 1990

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following rules, regulating the recruitment and conditions of service of Village Administrative Officers.

Part I PRELIMINARY

Rule - 1. Short title extent, and application.

(1)     These rules may be called the Andhra Pradesh Village Administrative Officers Service Rules, 1990.

(2)     They shall extend to the whole of the State of Andhra Pradesh.

(3)     They shall apply to temporary Village Administrative Officers in the State of Andhra Pradesh.

Provided that the Government may, by an order and for reasons to be specified therein exempt any Village Administrative Officer from all or any of the provisions of these rules", subject, to such conditions as the Government may specify therein.

(4)     Provisions contained in sub-rules (2) and (3) of Rule 6 shall apply only to posts to be filled up by direct recruitment i.e. from among the candidates other than erstwhile Village Officers.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Collector" means the Collector of the District or any other officer who is empowered by the Government, to exercise the powers of the Collector;

(b)      "Commissioner" means the Commissioner of Land Revenue;

(c)      'Emoluments' means honorarium or any other remuneration payable in cash in respect of any Village Administrative Officer governed by these rules;

(d)      'Erstwhile Village Officer' means any person who held any of the village office of headman, Munsif, reddy, monigar, peddakapu, Patel, karnam or patwari or triune officer or holder of any such village office by whatever designation it may be locally known including their assistants on or prior to the commencement of the Andhra Pradesh Abolition of Posts of Part-time Village Officers Act, 1985;

[2]Explanation:-For the removal of doubts it is hereby declared that the purposes of this clause the word "Patel" shall mean a Patel appointed under the A.P. (Telangana Area) Village Offices Services Rules, 1978").

(e)      'Government' means the State Government of Andhra Pradesh;

(f)       'Mandal Revenue Officer' means an officer appointed for the Revenue Administration of a Mandal.

(g)      'Notification' means a notification published in the District Gazette or in the A.P. Gazette;

(h)     'Revenue Divisional Officer' means the revenue officer-in-charge of a Revenue Division and includes a Deputy Collector, a Sub-Collector or Assistant Collector in-charge of a revenue division;

(i)       Village' means any local area registered in the revenue records as a revenue village and includes such other area as the Government or Commissioner of Land Revenue may, from time to time by notification, declare to be a revenue village;

(j)       Village Administrative Officer' means any person who is appointed Village Administrative Officer under Rule 3.

Part II APPOINTMENT OF VILLAGE ADMINISTRATIVE OFFICERS AND THEIR QUALIFICATIONS

Rule - 3. [Appointment of Village Administrative Officer.

There shall be a Village Administrative Officer appointed for every Village Administrative Officers as the Government or Commissioner of Land Revenue may from time to time consider necessary. The appointing authority for these posts shall be the Joint Collector. The District shall be treated as the unit for the purpose of appointment of Village Administrative Officers."][3]

Rule - 4. [Selection Committee.

For selecting candidates from among the erstwhile Village Officers and Village Assistants, a Selection Committee consisting of the Joint Collector or an IAS Officer, of the rank of Joint Collector as nominated by the Commissioner of Land Revenue as Chairman and the Revenue Divisional Officer concerned as Member shall conduct interviews for making appointment to the posts of Village Administrative Officers.][4]

Rule - 5. Vacancies of Village Administrative Office to be reported to the Revenue Divisional Officers.

[5][(1) Every vacancy of a Village Administrative Officer caused due to retirement/resignation/death of the holder of such post or due to creation of any new offices as a consequence of reorganisation of Villages, etc., shall as soon as may be after the occurrence thereof be reported by the Mandal Revenue Officer to the Revenue Divisional Officer/Sub-Collector and in turn to the Joint Collector.

(2)   Where a vacancy arises in the post of Village Administrative Officer and if the filling up of such vacancy in accordance with these rules is likely to cause delay, the Mandal Revenue Officer may, by order, place any other Village Administrative Officer of the neighbouring Village in additional charge of each Village Administrative Officer.

Provided that a Village Administrative Officer shall not ordinarily be placed to hold additional charge of more than two Village Administrative Officers at a time. Such additional charge shall not exceed a period of six months.

(3)   Every additional charge arrangements of Village Administrative Officer under sub-rule (2) shall be reported to the Revenue Divisional Officer who may, for reasons to be recorded in writing confirm, modify or rescind the order of the Mandal Revenue Officer.

Rule - 6. Reservations.

(1)     In making appointments to the posts of Village Administrative Officers in the Villages situated in Scheduled Areas, only members belonging to the Scheduled Tribes shall be appointed to such posts.

[6]["(2) (i) the vacancies of the posts of Village Administrative Officers arising in a Revenue Division shall be filled in the order of rotation specified below in every cycle of 100 vacancies, providing 16 per cent for the Scheduled Castes, 7 per cent for Scheduled Tribes, 8 per cent for Backward Class (Group-A), 10 per cent for Backward Class (Group-B), 1 per cent for Backward Class (Group-C) and 7 per cent for Backward Class (Group-D) and 51 per cent for open competition.

 

Provided that this shall not apply for appointments made from the category of erstwhile Village Officers and Village Assistants.

(ii) Preference for Women: In the matter of direct recruitment to the post of Village Administrative Officer other things being equal, preference shall be given to women and they shall be selected to an extent of atleast 30 per cent of posts in each category of O.C., B.C. - A.B.C., -B.B.C. C.B.C.,- D., Scheduled Castes and Scheduled Tribes quota. Provided that is sufficient number of women candidates are not available such vacancies shall be filled by men candidates.

[7]["(2) Out of every two vacancies of the posts of Village Administrative Officers arising in the District the second vacancy shall be filled-up from among the qualified candidates belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes. This will not however, apply to appointments made from erstwhile Village Officers/ Village Assistants.

(3)   Roster shall be maintained at the District Level, and the Selections shall be based on the Roster."

Rule - 7. Appointment in resulting vacancies due to amalgmation or bifurcation of Villages:

(1)     Where two or more villages are grouped or amalgamated so as to form a single new village, as defined in Part-1 (Preliminary) or if any village is bifurcated into two or more villages, all Village Administrative Officers of the Villages or portions of Villages so grouped, amalgamated or bifurcated shall cease to hold office and fresh appointment to such offices shall be made by the District Collector or Commissioner of Land Revenue or Government for the new village or villages, as the case may be.

(2)     While filing in the new Village Offices formed under sub-rule (1) the appointing authority shall, subject to fitness.

(i)       appoint in the first instance the outgoing Village Administrative officers if the number of the newly formed village offices is equal to or more than the number of old offices; and

(ii)      retain those whom he may consider on the basis of guidelines if any, prescribed by Commissioner of Land Revenue/Government, as best qualified and suitable to discharge the functions of the Village Administrative Officers if the number of newly formed offices is less than the number of old offices.

Rule - 8. Qualifications for appointment of Village Administrative Officers

(1)     In case of erstwhile Village Officers, a person shall be eligible for the post of Village Administrative Officer, if.

[8][(i) he has passed the 7th Class or its equivalent examination;

Provided that in Ex-Village Officer who has put in less than ten years of service as on the 6th January, 1984 shall be required to pass the tests as prescribed either for Category-I or Category-II of Class-I Village Officers under the Andhra Pradesh (Andhra Area) Village Officers Service Rules, 1969 or the Andhra Pradesh (Telangana Area) Village Officers Service Rules, 1978, within a period of one year from the date of his appointment, failing which his services shall be terminated without assigning any reasons and without notice;

(ii)   he has not crossed the age of 58 years;

(iii)   he has not been removed or dismissed from service;

(iv)   [9][-]

(v)   he is physically and mentally capable of discharging duties attached to the office:

(vi)   he has not been convicted by any Criminal Court or punished in any Departmental Proceedings for any offence involving moral turpitude, embezzlement, tampering of records, adducing false evidence before any Court or forum thereby affecting Government interests;

(2)     In case of others, for direct recruitment a person shall be eligible for the Village Administrative Officer, if

(i)       he has passed SSC or equivalent examination;

(ii)      he has completed the age of 20 years: but

(iii)     he has not completed the age of 35 years provided that in case of Scheduled Caste/Scheduled Tribes relaxation of 5 years of age shall be given;

(iv)    [10][-]

(v)      he has passed or shall pass the following tests within two years from the date of appointment

(a)      Special test in powers and duties of Village Officers; and

(b)      (Omitted)

(c)      Village Manual of Accounts; and

(d)      Survey for Revenue purposes

(vi)    A person who does not attain the qualifications as prescribed under clause (v) above, shall be removed without notice.

Explanation: A pass in Revenue Tests Parts-I and II and satisfactory competition of Survey Training prescribed for Revenue subordinates shall be deemed to be a pass in the test specified below.

(a)      Village Manual of Accounts;

(b)      Powers and duties of Village Administrative Officers;

(c)      Survey for revenue purposes.

(vii)   In the absence of guidelines as may be framed by Commissioner of Land Revenue, the Selection Committee may frame its own guidelines depending upon the number of posts anticipated and number of aspirants to ensure a fair and impartial selection.

[11][(3) For appointment to the post of Village Administrative Officer, preference shall be given to the Village Servants who possess the requisite qualification and have put in a minimum service of five years in the Category of Village Servant"

Rule - 8-A. [Termination.

The performance of the Village Administrative Officers appointed under Rule 3 shall be watched by the Revenue Divisional Officer concerned for a period of one year from the date of his working charge and if his/ her performance is found to be satisfactory he/she will be continued in service. Otherwise his/her services will be terminated.][12]

Rule - 9.

(a)      Applications shall be called for separately for the redelimited jurisdictions of the Village Administrative Officers from the eligible erstwhile Village Officers and Village Assistants.

(b)      If no candidate is available in the jurisdiction of a Village Administrative Officer, Revenue Divisional Officer can appoint a candidate of a neighbouring village within the Mandal, in any case not beyond the jurisdiction of concerned Revenue Division.

(c)      The eligible Ex. Village Officers/Village Assistants shall be called on to appear before the Selection Committee for interview after a notification to be issued by the Collector. The Selection Committee shall conduct the interviews etc. and prepare an exhaustive merit list for each redelimited Jurisdiction of the Village Administrative Officer.

(d)      The Selection Committee shall conduct interview with the following criteria.

(e)      The Selection Committee shall prepare merit lists and the Revenue Divisional Officer will issue appointment order to the erstwhile Village Officers according to the merit lists prepared for each Village or group of Villages, if there are more than one candidate.

Rule - 10.

The appointing Authority shall follow such procedure as may be specified by the Commissioner of Land Revenue for making direct recruitment.

Rule - 11.

Notwithstanding anything contained in these rules, recruitment to the posts created in G.O.Ms.No. 933, Revenue dated 5-11-1990 shall be made in the following order of priority:

(i)       The Village Assistants who apply for the Village Administrative Officers posts;

(ii)      Erstwhile Village Officers who possessed the qualifications mentioned in [14][clause (i)] of sub-rule (i) of Rule 8 and had not attained the age of 58 years;

(iii)     Erstwhile Village Officers who had not passed the Village Officers tests mentioned in [15][clause (i)] of sub-rule (i) of Rule 8 but passed SSC and had not attained the age of 58 years subject to the condition that they should pass the Tests within a period of one year from the date of appointment

(iv)    Balance of posts, if any, by direct recruitment

Rule - 12.

The Spouse/dependent children of a Village Administrative Officer, who dies in harness before attaining the age of 62 years, shall be appointed as Village Administrative Officers, provided that there is no other earning member in the family of such deceased Village Administrative Officer and an application is made in this regard within a period of one year from the date of the death of such Village Administrative Officer and also she/he is educationally qualified.

Rule - 13.

A person shall be disqualified for appointment as Village Administrative Officer or for continuance, if he has been adjudicated as an insolvent by a competent court and has not obtained an order of discharge or if he has filed a petition in a Court to be adjudged as insolvent and the petition is pending disposal in the Court A person shall be disqualified for appointment as Village Administrative Officer or for continuance, if he has been convicted in any Court of Law for any Criminal charge, involving moral turpitude.

Rule - 14. Maintenance of Service Register.

For Every Village Administrative Officer, a Service Register shall be opened with particulars of age, qualification etc., and the entries in the service register shall be attested by the Mandal Revenue Officer and kept in the Mandal Revenue Officer's Office.

Rule - 15. Furnishing of Security.

Every person appointed to a post of Village Administrative Officer shall furnish before taking up the appointment, security to the extent of twenty five per cent of the total land revenue of the village concerned subject to a maximum of Rs. 5,000/- (Rs. Five thousand only) in the shape of fidelity bonds except in the case of S.Cs. and S.Ts. who shall furnish surety for an amount not exceeding Rs. 1000/- (Rs. One thousand only).

Rule - 16. Village Administrative Officers to be part time employees.

The post of Village Administrative Officer is a transferable one and a Village Administrative Officer shall be treated as a part-time temporary employee. The Joint Collector may, from time to time, transfer any Village Administrative Officer within the District in the interests and for the Convenience of the administration. The Village Administrative Officer is entitled to transfer travelling allowance as admissible to the last grade Government employee by producing proper receipt of transport"

Rule - 17. Village Administrative Officers to reside in charge village.

Every village Administrative Officer shall reside In the village or in one of the villages under his charge.

[16][-]

Part III DUTIES OF VILLAGE ADMINISTRATIVE OFFICERS

Rule - 18. Duties of Village Administrative Officers.

(1)     Every Village Administrative Officer shall perform the duties prescribed in the Village Officer's and Ryots manual or in any other Manual, Code or Book which the Government may specify as applicable to a particular region and such other duties as the Government or Commissioner of Land Revenue or the Collector or any authority or officer authorised by them in this behalf may, from time to time, require him to perform. He shall also maintain properly and upto-date all accounts and registers contained in the Manual of Village Accounts or any other corresponding Manual or Manuals applicable to a particular region and such other accounts as he may, from time to time, be required by the Government or the aforesaid authorities or officers to maintain.

(2)     Village Administrative Officer should attend to the following duties:

(A)     GENERAL ADMINISTRATIVE/REVENUE DUTIES.

(i)       Maintenance of the Village Records and all village accounts;

(ii)      Collection of Land Revenue, Cases, Taxes and other sums due to Government

(iii)     Azmoish of crops (100%) inclusive of inspection of survey stones:

(iv)    Preliminary reports on the issue of community, income, nativity, solvency and such other certificates;

(v)      Provide intimation regarding fire accidents, floods, cyclone and other accidents and calamities to the higher officials whenever and wherever arise and assistance to the Revenue Officials in assessing loss sustained by natural calamities and in providing relief.

(vi)    Special attention to be paid for preparation of accounts pertaining seasonal conditions inclusive of rain fall.

(vii)   To inform the Railway Station Masters of any mishap or unusual occurrence of floods,

(viii)  Preparation of pay bills of village servants,

(ix)    Maintenance of Village Chavadies.

(x)      Protection of government lands, government tanks, trees and other government properties and take effective steps to safeguard the interests of Government;

(xi)    Inform promptly the higher officials in respect of treasure trove and unclaimed property and escheat,

(xii)   Regulation of supply of water to the fields and also distribution of drinking water to the villagers during the needy seasons if specifically authorised by the competent authority,

(xiii)  Shall intimate the Mandal Revenue Officer of any intended demolition of ancient buildings and any inscriptions in any such reserved ancient/found monuments etc.

(xiv)  To preserve and safeguard government lands and properties from encroachments, damage or misuse including the lands available to the public such as, roads, streets and open spaces in and near their villages.

(xv)   To report encroachments or damage or misuse of Government lands and damage to Government property promptly to the Mandal Revenue Officer and take effective follow up action.

(xvi)  A Village Administrative Officer shall always protect the interest of Government. He should not depose against the interests of the Government in any Court/Tribunal or Forum. He may attend any Court hearings with the prior permission of the Mandal Revenue Officer.

(B)     POLICE FUNCTIONS

(i)       Shall give prompt information to the Police Department under intimation to the Mandal Revenue Officer regarding murders, suicides, unnatural deaths and other developments which may threaten peace in the area and also help the Police Department for conduct of enquiries and investigations.

(ii)      Inform the police of strangers of suspicious appearance who have entered and taken refuge in the village.

(iii)     Prevent the commission of any offence or public nuisance.

(iv)    Take measures to bring the offenders to justice.

(v)      search for stolen property and bring to the Police Station.

(vi)    Preserve in tact the scene of offence.

(vii)   Take charge of unclaimed property and send to the Police Station.

(viii)  Inform occurrence of an accident to an aircraft to the nearest Police Station and in the case of injuries to persons to the concerned Medical Officer.

(C)     COMMUNITY WELFARE AND DEVELOPMENT DUTIES

(i)       Assist in work relating to payment of old age pensions and bringing the pension register upto date.

(ii)      Shall maintain Birth and Death Register in minor Panchayats.

(iii)     shall report promptly the symptoms or outbreak of epidemics like cholera, cattle diseases, plague encephalitis, etc.

(iv)    Furnishing the required particulars to various services, successful implementation of developmental activities at the village level.

(D)     MISCELLANEOUS

(i)       To inform about the theft pilferage of electricity to the concerned authorities.

(ii)      To perform election duties.

(iii)     Such other duties as may be assigned to him by the Government, Commissioner of Land Revenue, Collector, Revenue Divisional Officer or any authority, authorised in this behalf.

Rule - 19. Custody and Production of Accounts, Registers etc, by Village Administrative Officers.

(1)     A Village Administrative Officer shall, when called upon to do so, produce the accounts, registers and other records maintained by him or which are in his custody for inspection of any revenue official or any other Officer authorised by the Collector, Revenue Divisional Officer or Mandal Revenue Officer. Except when called upon to produce his accounts and other records as mentioned above, the Village Administrative Officers shall keep the accounts, registers and records in his personal custody unless otherwise directed in the Village Manual of Accounts or any other corresponding manual or book applicable to a particular region.

(2)     In the event of suspension, removal or dismissal or proceeding on leave other than Casual leave, he shall hand over all the accounts, registers, records and the like to the person duly appointed by the competent authority or authorised to take charge by the Mandal Revenue Officer.

Rule - 20. Village Administrative Officers not to take part in Politics.

Village Administrative Officers shall not take part in politics. They shall neither stand for any election including to a State Legislature, Gram Panchayat, Co-operative Society etc., not shall they propagate on behalf of any group, political party or individuals.

Rule - 21. Court Attendance to be treated as Duty.

The Village Administrative Officer attending Courts on summons in their official capacity shall be deemed to be on duty.

Rule - 22. Sanction to prosecute Village Administrative Officers.

No criminal prosecution shall be launched against a Village Administrative Officer without the specific sanction of the appointing authority for anything done or omitted to be done in the discharge of his normal duties.

Part – IV PAYMENT OF HONORARIUM, SANCTION OF LEAVE AND THE LIKE

Rule - 23. Payment of Honorarium and allowances.

(a)      There shall be paid to the Village Administrative Officers every month an honorarium as may be fixed by the Government from time to time.

(b)      The Village Administrative Officer shall be paid travelling allowance and dally allowance for such journeys and at such rates as the Government may, from time to specify.

Rule - 24. Village Administrative Officers are eligible for leave without allowance.

No Village Administrative Officers shall be entitled to any emoluments or other allowances when on leave other than casual leave.

Rule - 25. Emoluments of a substitute.

Where a substitute is appointed In any vacancy of Village Administrative Officer, he shall be entitled to the honorarium and allowances of the said Village Office.

[17][Provided that while appointing a substitute in such vacancy, the competent authority may give preference to a suitable and qualified person in accordance with sub-rule Rule (1) of Rule 8 of A.P. Village Administrative Officers Service Rules 1990 who has been nominated by the Village Administrative Officer who is granted earned leave, except from those who are due to retire with in one year subject to the condition that he shall furnish a personal security for such a sum as may be specified by the competent authority for the conduct of his nominee and for the safe custody of cash and important records.

[18][Provided further that in the case of a nominee to be appointed as a substitute, such substitute must have completed the age of 20 years but should not have completed the age of 58 years".

Rule - 26. Additional Charge Allowance.

Where a Village Administrative Officer discharges the duties of another Village Administrative Officer, in addition to his own, he shall be granted additional charge allowance at the rate of 2/5th of the honorarium for such period of the additional office in question, which shall be paid every month.

Rule - 27. Treating the period out of office when restored.

When a Village Administrative Officer, who has been removed, dismissed or suspended, is reinstated on appeal or revision, the authority competent to order the reinstatement, shall consider and make a specific order treating the period as duty if he is fully exonerated or as suspension or as leave to which he is entitled if he is not fully exonerated.

Rule - 28. Preparation of Pay Bills.

(i)       At the beginning of each month pay bill pertaining to the Village Establishment actually employed during the previous month shall be prepared under the signature of Village Administrative Officer in such form as may be specified by the Collector and forwarded to the Mandal Revenue Officer's Office.

(ii)      The pay bill shall be prepared separately for each Village Administrative Officer's jurisdiction in the charge of Village Administrative Officer.

(iii)     Any amount which may remain undrawn in any month relating to the emoluments by reason of any officer being absent on leave or by reason of any appointment not having been sanctioned by the competent authority shall be specified in the pay abstract with details in the remarks column explaining the reasons for the non-drawal and all such entries shall be referred when the amount is claimed on subsequent bill.

(iv)    The pay bill shall be scrutinised and audited in the Mandal Revenue Officer's Office in the manner specified in the Special Fund Code.

(v)      The pay bill after scrutiny shall be returned to the village with an order for payment under the signature of the Mandal Revenue Officer or in his absence, of the Head Assistant of the Mandal Revenue Officer's Office.

(vi)    When the pay is drawn from a Government Treasury, the pay order shall be endorsed on the pay bill but when drawn from a bank a printed cheque shall be issued. In either case, the pay abstract shall be returned to the Village Administrative Officer for being retransmitted to the Mandal Revenue Officer after obtaining the acquittance of the payees.

Rule - 29. Arrear claims

The arrear claims shall be prepared on separate bills, particulars of the periods on account of which the arrears are due and of the months in which they were refunded to the treasury by short drawal being carefully noted.

Rule - 30. Sanction of Revenue Divisional Officer, collector and. Commissioner of Land Revenue necessary in certain time barred claims:

No emoluments shall be drawn for the Village Administrative Officers without the special sanction of the Revenue Divisional Officer when it is not drawn for more than six months and without the sanction of the Collector when it is not drawn for more than three years and without the sanction of the Commissioner of Land Revenue if it is not drawn for a period of more than five years.

Note. The periods of six months three years and the five years shall be calculated from the date of sanction of the appointment by the competent authority or from the date of its accrual whichever is later.

Rule - 31. Short drawal of undisbursed salaries:

The undisbursed emoluments in any month shall be refunded by short drawal of the pay bill of the following month.

Rule - 32. Emoluments not liable for attachment.

The emoluments of Village Administrative Officers shall not be liable to be transferred or encumbered in any manner whatsoever and it shall not be lawful for any court to attach such emoluments or any portion thereof.

Rule - 33. Authority competent to sanction Casual leave.

(1)     Every Village Administrative Officer shall be eligible for casual leave for a period of twelve days in a calendar year. They shall also be eligible for three optional holidays in calendar year in addition to twelve days casual leave.

(2)     The Mandal Revenue Officer shall be competent to sanction casual leave to all Village Administrative Officers.

(3)     The Village Administrative Officer shall be competent to sanction casual leave to the village servants provided that satisfactory arrangements are made for the performance of the work.

Rule - 34. Village Administrative Officers to proceed on casual leave with permission of Revenue Inspector in case of emergency.

In case of emergency the Village Administrative Officer may proceed on casual leave with the prior permission of the Revenue Inspector on application which shall be forwarded by the Revenue Inspector to the [19][Revenue Divisional Officer for orders.

Rule - 35. Grant of leave by [20][Revenue Divisional Officer.

The [21][Revenue Divisional Officer may grant leave to a Village Administrative Officer within his jurisdiction for a period not exceeding four months at a time without honorarium.

Provided that he may on medical grounds or for pilgrimage or study purposes grant leave to a Village Administrative Officer for a period not exceeding six months at a time without any honorarium.

Rule - 36. [Sanction of leave by Joint Collector.

The Joint Collector shall be competent to grant leave for periods exceeding two months at a time to the Village Administrative Officers for any purpose provided that no honorarium shall be paid for the period.]3

Rule - 37. Ineligible for Earned Leave, surrender Leave, Leave Travel Concession etc.

Village Administrative Officers posts, being part-time local posts carrying a consolidated honorarium shall not be eligible for earned leave, surrender leave, leave travel concession or voluntary retirement on medical invalidation, pension etc.

Rule - 38. [Superannuation.

The age of Superannuation of a Village Administrative Officer shall be sixty five years, subject to his/her being physically fit as assessed to the satisfaction of the appointing authority".][22]

Rule - 39. Production of Medical Certificate for leave on Medical Grounds and production of fitness certificate for admission after leave on medical grounds.

(1)     In case of application for the grant of leave on medical grounds the authority competent to sanction the leave may require the production of a medical certificate from a medical officer not lower in rank than an Assistant Civil Surgeon or R.M.P.

(2)     The incumbent who has been sanctioned leave on medical grounds on the production of medical certificate while returning from such leave shall produce a certificate of fitness from Medical Officer not lower in rank than an Assistant Civil Surgeon or R.M.P.

(3)     The incumbent shall not be eligible for honorarium for the leave period on medical grounds.

Rule - 40. Acceptance of Resignation.

(1)     The appointing authority may accept the resignation tendered by a Village Administrative Officer.

(2)     The resignation tendered by a Village Administrative Officer while on duty shall normally take effect from the date of his relief, in pursuance of its acceptance by the appointing authority.

(3)     In the case of Village Administrative Officer while on leave, the resignation shall take effect from the date of receipt by the concerned Village Administrative Officer of the communication accepting the resignation by the appointing authority.

(4)     In special cases where the resignation may have to be accepted from an earlier date in view of any special circumstances justifying such action, the appointing authority, shall take into account the circumstances leading to the resignation and delay in taking action thereon, and may accept the resignation from the date of receipt of the application in his office.

(5)     The resignation tendered by a Village Administrative Officer shall not be rejected unless charges are pending against the incumbent.

(6)     No cognizance shall be taken of withdrawal of resignation by a Village Administrative Officer after such resignation has been given effect to, but it shall be open to the competent authority to permit withdrawal at any time before it has been given effect to, if that authority is satisfied that such resignation was tendered under coercion, under influence, fraud or for other sufficient cause.

Rule - 41. Gratuity.

Gratuity shall be paid at the rate of one month's honorarium for every completed year of service subject to a maximum of 20 months honorarium to a Village Administrative Officer on attaining the age of superannuating or in case of death whichever is earlier.

Rule - 42. Group Insurance Scheme.

The Group Insurance Scheme, as may be prescribed by Government, shall be extended to Village Administrative Officers under which Rs. 10/- may be deducted from their monthly honorarium.

Part V DISCIPLINARY MATTERS

Rule - 43. Imposition of fine by Mandal Revenue Officer.

Mandal Revenue Officer may suo motu or on a complaint, make an enquiry and impose a fine on any Village Administrative Officer for good and sufficient reason with in such amount as the Commissioner of Land Revenue may, by general or special order specify.

Rule - 44. Powers of Jacaranda Officers, Settlement Officers and the like.

A Revenue Divisional Officer conducting Jacaranda of a division other than his own or any other officer directed by the District Collector to conduct the Jacaranda or a Settlement Officer may suo motu or on a complaint, conduct an enquiry and impose a fine on any Village Administrative Officer for negligence of duty, carelessness, disobedience or orders or absence without permission, Should however it appear to any such officer in view of the conduct of any Village Administrative Officer that mere imposition of fine would not be sufficient to meet the ends of justice, he shall place on record his opinion and leave the matter to the concerned Revenue Divisional Officer or Mandal Revenue Officer as the case may, be, for disposal.

Rule - 45. [Powers of Revenue Divisional Officer to punish VillageAdministrative Officers.

(i)       The Revenue Divisional Officer may suspend, censure, or fine a Village Administrative Officer either suo-motu or on a complaint received after conducting an enquiry, subject to ratification by the appointing authority.

(ii)      The appointing authority or any superior authority to which it is subordinate may however,

(a)      Suspend any Village Administrative Officer, if he has filed an application to be adjudged an insolvent; and

(b)      fine, suspend, remove or dismiss any Village Administrative Officer for misconduct, neglect of duty, incapacity, non-residence in the village, or conviction in a criminal case which in his opinion, disqualifies him from holding the office or for any other sufficient cause.][23]

Rule - 46. Opportunity to be given before a Village Administrative, Officer is punished

No order imposing fine on a Village Administrative Officer shall be passed except after the Village Administrative Officer is informed of the action proposed to be taken against him and of the allegations on which the action is proposed to be taken and he is given an opportunity to make any representation which he may wish to make. Such representation, if any, shall be taken into consideration by the authority competent to impose the punishment. The said authority shall make a record of its reasons for passing an order as above.

Rule - 47. Suspension of pending enquiry

(1)     An Officer competent to suspend a Village Administrative Officer as a measure of punishment may also place under suspension such Village Administrative Officer from service pending investigation or enquiry into grave charges or where a case against a Village Administrative Officer in respect of any criminal offence is under investigation or trial, if he is satisfied that the continuance in office of the Village Administrative Officer is detrimental to public interest or administration and he shall make record in writing of his reasons for so doing and a copy of the same shall be furnished to the Village Administrative Officer concerned.

Provided that where a Village Administrative Officer is detained in custody, whether on a criminal charge or otherwise for a period exceeding 48 hours, he shall be deemed to have been suspended with effect from the date of detention by an order of the appointing authority and shall remain under suspension until further orders;

[24]Provided further that, where a Village Administrative Officer has been suspended and the investigation has not been completed or the action proposed to be taken in regards to him has not been completed within the period of suspension which shall not exceed six months, the Village Administrative Officer shall be deemed to have been reinstated to duty unless the authority, who ordered such suspension obtains the orders of the Head of the Department to continue the said Village Administrative Officer under suspension for a further period of six months. In no case shall such an interim suspension be in force for a period exceeding one year except in those where Criminal cases are pending Trial and this period of one year of suspension shall not include the periods for disposal of appeal and Revision".

(2)     Where a penalty of dismissal, removal from service is imposed upon a Village Administrative Officer after he had been placed under suspension under sub-rule (1) and if such penalty is set aside in appeal or revision under these rules and the case is remitted for further enquiry or action or with any other directions, the original order of suspension pending enquiry of such Village Administrative Officer shall be deemed to have continued in force until further orders of the competent authority.

(3)     Where a penalty of dismissal, removal or suspension from service imposed upon a Village Administrative Officer is set aside or declared or rendered void in consequence of or by a decision of Court of Law and the authority competent to impose the penalty on a consideration of the circumstances of the case decides immediately thereafter to a hold a further enquiry against him on the allegations on which the penalty was originally imposed, the Village Administrative Officer shall be deemed to have been placed under suspension pending enquiry by the authority competent to impose the suspension from the date of original order of dismissal, removal or suspension from service and shall continue to remain under suspension until further orders of competent authority.

(4)     An order of suspension made under this rule may, at any time be revoked by the authority which made the order or by any authority to which that authority substituted.

(5)     During the period of suspension, the Village Administrative Officer is not entitled to any remuneration or subsistance allowance.

Rule - 48. Procedure for enquiry.

(1)     The enquiry before imposition of any of the penalties other than fine against a Village Administrative Officer shall be made in the manner hereinafter provided.

The grounds on which it is proposed to take action against a Village Administrative Officer shall be reduced to the form of a definite charge or charges which shall be communicated to him and he shall be required to appear on a day to be fixed, before the enquiry officer to answer the charge or charges. On that day, the Village Administrative Officer shall be required to put in a written statement of his defence and state whether he desires an oral enquiry. An oral enquiry shall be held if such enquiry is desired by the Village Administrative Officer and he shall be heard in person, if so desired. At such enquiry, oral evidence shall be heard as to such of the allegations as are not admitted by the person charged and he shall be entitled to cross examine the witnesses, to give evidence in person and to have such witnesses as he may wish to be called, provided that the officer conducting the enquiry may, for reasons to be recorded in writing refuse to call any witness. After the enquiry is completed the persons charged shall be entitled to put in a further written statement of his defence.

(2)     The authority competent to impose the penalty shall, on consideration of the proceedings of enquiry under sub-rule (1), arrive at a provisional conclusion in regard to the punishment, he proposes to impose on the Village Administrative Officer and shall communicate the provisional conclusion in writing and call upon the delinquent to appear on a certain day to be fixed by him to show cause against the particular punishment proposed to be imposed. On that day, the said authority shall record his plea and hear his representation. Any representation made in this behalf by the person charged shall be duly taken into consideration before final orders are passed.

(3)     An enquiry may be made in the absence of a Village Administrative Officer charged when the officer holding the enquiry is satisfied that for some reason, to be recorded by him in writing it is not reasonably practicable to hold such enquiry.

(4)     The enquiry under sub-rule (1) may be conducted by an officer not below the rank of Mandal Revenue Officer (Tahsildar Cadre) or by any other officer not below the rank of Mandal Revenue Officer (Deputy Tahsildar cadre) specially nominated by the authority competent, to impose the punishment or any other higher authority. If the Officer who conducted the said enquiry is not himself competent to impose the appropriate penalty on the Village Administrative Officer charged, he shall submit the record of enquiry to the authority concerned with a report containing his findings. The authority competent to impose the punishment before passing final orders shall furnish a copy of the inquiry officer's report to the delinquent along with his provisional findings.

(5)     The requirements of sub-rules (1) and (2) shall not apply where it is proposed to take action on a Village Administrative Officer on the ground of conduct which has led to his conviction on a criminal charge and a formal order under sub-rule (7) shall be issued.

(6)     The order passed under sub-rule (5) above shall be final with no provision for appeal.

(7)     In passing order on the cases referred to in this rule, the authority competent to impose the punishment shall briefly sum up the evidence on the several charges and record in English or in the regional language, a distinct order as to whether the charge or charges have been proved or not with a concise statement of the reasons there for and the punishment ordered.

Rule - 49. Time allowed for appeal to be indicated in the order:

At the foot of the order concerning appointment of a Village Administrative Officer or indicating punishment of dismissal, removal, suspension or fine under these rules on a Village Administrative Officer the period and the authority before which an appeal may be filed shall be clearly specified and a copy of that order shall be furnished free of charge to Village Administrative Officer concerned.

Part VI APPEALS

Rule - 50. [Appeal against appointment of Village Administrative Officers.

(1)     Against an order of appointment of a Village Administrative Officer made under clause (a) of Rule 9 an appeal lies to the Commissioner of Land Revenue within ninty days from the date of receipt of the order of the Joint Collector.][25]

Rule - 51. Appeal against Mandal Revenue Officer's order punishing a Village Administrative Officer.

Against every order passed by Mandal Revenue Officer imposing fine on a Village Administrative Officer, an appeal shall lie to the Revenue Divisional Officer within thirty days from the date of receipt of such order.

Rule - 52. Appeal against the orders of the Revenue Divisional Officer punishing a Village Administrative Officer.

Against every order passed by a Revenue Divisional Officer imposing on a Village Administrative Officer any of the penalties of fine, suspension, removal or dismissal from service or placing him under suspension pending investigation or enquiry into the charges against him an appeal shall lie to the Collector within thirty days from the date of receipt of such order.

Rule - 53. Second appeal against an order punishing a Village Administrative Officer.

Against every order of the Collector dismissing or removing a Village Administrative Officer in appellate or original proceedings an appeal shall lie to the Commissioner of Land Revenue within ninety days from the date of receipt of the order of the Collector.

Rule - 54. Officer passing original order cannot take up appeal in his higher capacity.

If the Officer before whom an appeal is preferred under these rules in the capacity of a Collector or Revenue Divisional Officer happens to be the Officer who passed the orders appealed against in another capacity, he shall report the fact to the Commissioner of Land Revenue or the Collector, as the case may be, and the appeal shall be disposed of by the Commissioner of Land Revenue or Collector, as the case may be.

Rule - 55. No Review by an authority of its own order.

(1)     No authority which has passed an order under these rules except the Government shall review its own order.

(2)     The Government may either suo motu or on an application from any person interested, made within ninety days of the passing of an order except under Rule 48(5) review the order, if it is found that it was passed by them under any mistake whether of the fact or of the law or in ignorance of any material fact.

Rule - 56. Copy of order appealed against to accompany the memorandum of Appeal.

The memorandum of appeal shall be accompanied by a copy of the order furnished to the petitioner or by a certified copy of such order.

Rule - 57. Personal hearing of appeal.

(1)     When an appeal is admitted under these Rules the appellate authority shall fix a date for the hearing of the appeal and shall give due notice thereof to the appellant.

(2)     When the appeal is from an order concerning an appointment, due notice thereof and the date of hearing shall be served upon the person whose appointment is questioned and who shall be the respondent in the said appeal. Such notice shall declare that if he does not appear on the days so fixed, the appeal will be heard ex parte;

Provided that where the Commissioner of Land Revenue is the appellate authority, it shall not be necessary to comply with this rule, unless the appellant asks for hearing.

(3)     Any Village Administrative Officer may in any appeal or revisional proceedings represent his case in person or be represented by any Advocate or any agent nominated by him.

Provided that the appellate or the revisional authority, may however at any time, in the course of the proceeding require that such Village Administrative Officer shall be present in person.

Rule - 58. Rehearing of an appeal disposed of ex-parte.

Notwithstanding anything in Rule 55(1) when an appeal is heard ex parte in the absence of the respondent and decision given against him, he may apply to the appellate authority to re-hear the appeal, if he proves that the notice was not served upon him or that he was prevented by sufficient cause from attending when the appeal was called on for hearing.

Rule - 59. Stay of orders.

The appellate authority may at its discretion stay the execution of any order under these rules appealed against pending final disposal of such appeal.

Rule - 60. Taking further evidence in appeal.

If the appellate authority considers that further evidence is necessary, it may take such evidence itself or may direct the officer whose order is appealed against to take additional evidence and to transmit the record thereof to the appellate authority by a specified date.

Rule - 61. Summary rejection of an appeal.

Notwithstanding anything in these rules, nothing shall prevent the appellate authority from rejecting an appeal summarily if on a perusal thereof and after hearing the appellant, it considers that there is no sufficient ground for interference.

Rule - 62. Enquiry not to be held defective or irregular.

No enquiry shall be held to be defective or irregular merely by reason of the non-observance of all the formalities laid down in Rule 48 unless it shall appear to the appellate authority that the appellant has thereby been materially prejudiced.

Rule - 63. Revision.

(1)     The Government may either suo motu or on an application made to them call for and examine the records relating to any decision or order passed by the Commissioner of Land Revenue under these rules, not being a decision or order staying the execution of any decision or order appealed from or sought to be revised for the purpose of satisfying themselves as to the legality, regularity or propriety thereof and pass such order in reference thereto as they think fit.

Provided that no application for the revision of any such decision or order shall be entertained after the expiry of sixty days from the date of such decision or order.

Provided further that the Government shall not pass any order prejudicial to any person unless such person has had an opportunity of making a representation.

(2)     The Government may stay the execution of such decision or order pending the exercise of their power under sub-rule (1) in respect thereof.

(3)     Any application for the revision made after the expiry of the period specified in the first proviso to sub-rule (1) may be admitted if the applicant satisfies the Government that he had sufficient cause for not making such application within the said period.

Rule - 64. Procedure to be followed before enhancing punishment.

If the appellate or revisional authority under these rules proposes to enhance the penalty imposed on a Village Administrative Officer to one of suspension, removal or dismissal from service and an enquiry under Rule 48 has not already been held in the case, such appellate or revisional authority shall, subject to the provisions of that rule, hold such enquiry or direct that such enquiry be held and, thereafter on consideration of the proceedings of such enquiry and after giving the Village Administrative Officer concerned an opportunity of making representation on the penalty proposed, pass such orders, as it may deem fit

Rule - 65. Time allowed for rectification of formal defects in preferring appeal.

Where an appeal which was in time on its first presentation is not admitted on technical grounds or for the correction of an initial error the appellant shall be directed to remedy the defects within a specific period which may ordinarily be thirty days, failing which, the appeal shall be liable for rejection on the ground of limitation.

Rule - 66. Admission of time barred appeal.

An appeal may be admitted by the appellate authority after the prescribed period if the appellant satisfies the authority that he had sufficient cause for not filing the appeal within such period.

Part VII MISCELLANEOUS

Rule - 67. Provisions of other rules not applicable.

The provisions of General Rules for the State and Subordinate Services or any other rules except Andhra Pradesh Revenue Malversation, Regulation, 1822 shall not apply to the Village Administrative Officers unless ordered specifically by the Government from time to time.

Rule - [68.

(1)     The Village Administrative Officers (by Revenue) may take up subsidiary occupations such as Branch Post Master, Stamp Vendor or other occupations of like nature in the charge village(s) after notifying the Mandal Revenue Officer in writing.

(2)     In all other cases, prior permission of the Revenue Divisional Officer shall be obtained.

(3)     Notwithstanding anything in sub-rules (1) and (2), the Revenue Divisional Officer may, at any time require a Village Administrative Officer to give up such occupation if he is satisfied that such occupation is or is likely to be detrimental to his normal duties and the Village Administrative Officer shall give up such occupation:

Provided that the Revenue Divisional Officer shall not pass an order under this sub-rule without giving the concerned Village Administrative Officer an opportunity of making his representation."][26]

Rule - 69.

The Government may issue such orders under these rules as deemed necessary from time to time.

Rule - 70. Training for new recruiters.

After selection, the Village Administrative Officer shall undergo such training as may be prescribed by the Commissioner of Land Revenue, Collector or Revenue Divisional Officer.

Rule - 71. Relaxation of Rules.

Notwithstanding anything contained in these rules, it shall be competent for the Commissioner of Land Revenue to deal with the case of any person for being appointed as Village Administrative Officer in such manner as may appear to him to be just and equitable except in respect of matters for which the power of exemption is separately provided in these rules:

Provided that where such rule is applicable to the case of any person the case shall not be dealt with in any manner less favourable to the person than that provided by that rule.