GOVERNMENT OFANDHRA PRADESH

ABSTRACT

RULES – Rules underSub-section (3) of Section 57 – Andhra Pradesh Panchayat Raj Act, (Act No.13 of 1994)1994 relating to "Constitution, Powers and Procedure of Joint Committees of GramPanchayats" – Orders – Issued.


PANCHAYAT RAJ& RURAL DEVELOPMENT (RULES) DEPARTMENT

G.O.Ms.No.87                                                                                          Date:13.3.2000

O R D E R:

The appended notificationwil be published in the Extra-ordinary issue of the Andhra Pradesh Gazette dated the 18thMarch, 2000.

2. The Commissioner ofPrinting, Stationery & Stores Purchase Department, Andhra Pradesh, Hyderabad isrequested to send 2,500 copies of Gazette Notification to Panchayat Raj and RuralDevelopment Department.

(BY ORDER AND IN THE NAMEOF THE GOVERNOR OF ANDHRA PRADESH)

G.S.R.C.V.PRASADA RAO
SECRETARY TO GOVERNMENT(PR)

To
The Commissioner of Printing Stationery and Stores Purchase Department, Hyderabad.

Copy to:-
The Commissioner, Panchayat Raj & Rural Employment, Hyderabad.
All District Collectors in the State.
All District Panchayat Officers in the State.

//FORWARDED::BY ORDER//

SECTIOOFFICER

NOTIFICATION

In exercise of the powersconferred by sub-section(1) of section 268 read with sub-section(3) of section 57 of theAndhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), and in supersession of the rulesissued in G.O.Ms.No.174, Panchayat Raj (Samithi.X) Department, dated the 11thJuly, 1973, the Governor of Andhra Pradesh hereby makes the following rules relating toconstitution, power and procedure to be adopted by any Joint Committee for management ofPublic/Government Ferries in Gram Panchayats and Mandal Parishads.

R U L E S

Short title 1. Theserules may be called the Andhra Pradesh Gram panchayat, Public or Government Ferries Rules,2000.

Constitution of JointCommittees of the Gram Panchayats, Mandal parishads in respect of certain cases:

2. There shall beconstituted Joint Committees of the gram panchayats/Mandal parishads for management offerries in respect of the following cases, namely:-

    1. In the casse of aferry connecting any public road under the management
    2. Of a Gram Panchayat and lying within the hursdiction of more than one gram panchayat, and

    3. In case of a ferry connecting any public road under the management of a

Mandal Parishad and lyingwithin the jursdiction of more than one Mandal Parishads.

Members of JointCommittees of Gram Panchayats:

3. A Joint Committee ofthe Gram Panchayat concerned under rule 2 shall consist of the following members, namely:-

    1. the Sarpanches of all those Gram Panchayats in the jurisdiction and management of which the public road connecting a ferry lies, shall be ex-officio members: Provided that where the office of the Sarpanch of a Gram Panchayat is vacant, the Upa-Sarpanch of the said Gram Panchayat or the person, who performs the functions of the Sarpanch, shall act as a member representing such Gram Panchayat till such time the Sarpanch is elected and assumes office.
    2. One person from each of the Gram Panchayats concerned, who is an Mandal Parishad Territorial Constitutency Members or a registered voter in the area of the respective Gram Panchayat and who is interested in the affairs relating to the management of the ferry, shall be nominated by the Gram Panchayat concerned; and
    3. The Extension Officer (Panchayats) or Extension Officer (Panchayats) of the Mandal(s) in which the Gram Panchayats concerned lie.

Members of the JointCommittes of the Mandal Parishad:

4. A Joint Committee ofthe Mandal Parishad falling under item (ii) of rule 2 shall consist of the followingmembers, namely:-

    1. the Presidents of all those Mandal Parishads in the jurisdiction and management of which the public road connecting a ferry lies, shall be ex-officio members: Provided that where the office of the President of a Mandal Parishad is vacant, the Vice-President of the Mandal Parishad or the person, who performs the functions of the President, shall act as a member representing such Mandal Parishad till such time the President is elected and assumes office;
    2. one person from each of the Mandal Parishad concerned, who is a Zilla Parishad Territorial Constituency Member or a registered voter in the area of the respective Mandal Parishad and who is interested in the affairs relating to management of ferry, shall be nominated by the Mandal Parishad concerned; and
    3. the Divisional Panchayat Officer or Divisional Panchayat Officers in whose jurisdiction(s) the Mandal Parishad concerned, situate.

Sarpanch or President toact as Chairman:

5. The Sarpanch of theGram Panchayat or the President of the Mandal Parishad, in the immediate jurisdiction andthe road connecting it lie, shall be the Chairman of the Joint Committee of the GramPanchayat or the Mandal Parishads concerned as the case may be.

Terms of the Chairman andMembers of the Joint Committee:

6. (1) The Chairman andex-officio members of the Joint Committee of the Gram Panchayats or Mandal Parishadconcerned, shall hold office so long as they hold the office of the Sarpanch of a GramPanchayat or the President of a Mandal Parishad as the case may be; and

(2) the term of office ofnominated members of the Joint Committees of the Gram Panchayats or Mandal Parishadconcerned, as the case may be, shall be three (3) years from the date of nomination. Ifthe nominated Member happens to be an Mandal Parishad Territorial Constituency, ZillaParishad Territorial Constituency Member he shall hold the office so long as he holds theoffice of the Mandal Parishad Territorial Constituency or Zilla Parishad TerritorialConstituency as the case may be.

Convenor of the JointCommittee:

7.(1) The ExecutiveOfficer of Gram Panchayat or the Mandal Parishad Development Officer of the MandalParishad in the immediate jurisdiction of which the ferry and the road connecting it lie,shall be the convenor of the Joint Committee of the Gram Panchayats or the Mandal Parishadconcerned, as the case may be, and

(2) The convenor shallprepare the agenda for the meeting in consultation with the Chairman.

Convening the Meetings ofthe Joint Committee:

8. The Chairman shallconvene the meetings of the Joint Committees and preside over them for transacting thebusiness. In the absence of the Chairman, a member, other than the official member, chosenby the members present at the meeting, shall preside over the meetings.

Meetings of the JointCommittee:

9.(1) The Joint Committeeshall meet at least once in every two months in the Office of the Gram Panchayat or MandalParishad to which the Chairman and the convenor of the Joint Committee of the GramPanchayats or Mandal Parishad concerned belong, as the case may be.

  1. No meeting of the Joint Committee shall be held unless notice of place, date and time of the meeting and of the business to be transacted thereat, is given at least six clear days before the date of commencement of the meeting and
  2. In the case of urgency the chairman may convene a meeting on giving shorter notice than that specified in sub-rule(2).

Quorum:

10.(1) No business shallbe transacted at a meeting of any Joint Committee unless there be present at least halfthe number of members of the Committee. Any fraction arrived at in calculating the numbershall be ignored.

(2) All questions whichmay come before the Joint Committee at the meeting shall be decided by a majority of themembers present and voting at the meeting and in the every case of quality of votes thepresiding member shall have and exercise a second or casting vote.

Modification orcancellation of resolution:

11. No resolution of theJoint Committee shall be modified or cancelled within three months after the passingthereon, except at a meeting specially convened in that behalf and by a resolution of theJoint Committee supported by not less than two-thirds of the total number of members ofthe Joint Committee. Any fraction arrived at the calculating the number shall be ignored.

Duties of the JointCommittee:

12. It shall be the dutyof the Joint Committee to look after the affairs for the proper management of the ferry orferries concerned.

(2) The Joint Committee,if it is considered desirable, may lease out the ferry by public auction in accordancewith the relevant rules made under the Andhra Pradesh Panchayat Raj Act 1994.

(3) The Joint Committeemay levy tolls at such rates as they may fix, keeping in view the rate fixed for theGovernment ferries upon animals, vehicles of any passenger, goods conveyed across theferry.

(4) The Joint Committeeshall exhibit a notice in English and in the language of the area, specifying the tollsleviable at a ferry, to public view on each side of the ferry.

(5) The Joint Committeemay make conditions as are necessary in connection with the proper functioning of theferry for all or any of the following purposes namely:-

    1. declaring power to be exercised by the persons appointed in connection with the management of the ferry.
    2. Providing for inspection of licensed vessels and for their maintenance in good condition.
    3. Prescribing procedure to be followed in case of non-payment of tolls etc. when demanded by the person duly appointed or empowered to collect or impose the same and also for unauthorized levy of tolls when a lease has been given.
    4. Providing for payment of instalments recoverable from the lessee.
    5. Providing for regulating the number, kind, dimensions and equipments of boats, for the number of sailors to be kept by the lessee on each boat, for the maintenance of boats continuously in good condition, for the hours during which the lessee shall ply boats and for the number of passengers, animals vehicles and bulk and weight of other things which may be sent in the boat in view or its kind, and
    6. Keeping ferry in working condition.

Funds of the JointCommittee:

13.(1) The fund for theworking of the Joint Committee shall consist of;

    1. the collections made at ferry points,
    2. the sale proceeds of the ferry, and
    3. such grants as may be obtained from the Government.

(2) The fund collectedand obtained shall be deposited in the nearest Government Treasury or in the nearest postoffice savings Bank or in both, in the name of the Joint Committee.

(3) The Funds shall beoperated upon by the Chairman and he shall be responsible for the proper accounting of allreceipts and expenditure.

(4) The funds shall beutilized primarily;

    1. for the maintenance of road leading to the ferry,
    2. for providing amenities to passenger, who cross the ferry by way of providing shelter, drinking water, latrines, etc., and
    3. for meeting any other incidental expenditure in connection with management of the ferry.

Apportionment:

14, The net incomerealized, after meeting the permissible expenditure connected with the management of theferry or ferries, shall after the closure of financial year, be apportioned between theLocal Bodies concerned equally, which shall form part of the funds of such Local body.

Application of certainprovisions of Act’94:

15. All provisions ofsections 13,14,20,21,22,23,24,29,39,44,51,74,245, 246, 247, 249,250,262 of the AndhraPradesh Panchayat Raj Act 1994 and relevant rules issued there under shall be applicableto Joint Committee.

Powers to give directionsby the Government:

16. The Government mayissue such directions as they may think necessary or desirable in respect of any of thematters mentioned in these rules and for distribution of assets and liabilities of theJoint Committee among the Local Bodies concerned either on the dissolution of the JointCommittee or on the withdrawal of any such Local body from the Joint Committee.

Difference of opinion anddecision of Collector and Government:

17. If any difference ofopinion arises between the Local bodies concerned under any of the foregoing provisions,it shall be referred to the District Collector concerned for his decision. If the localbody is not satisfied with this decision, it may move to the matter to the Governmentthrough a revision petition under section264 of the Andhra Pradesh Panchayat Raj Act, 1994and the decision of the Government thereon shall be final and binding.

G.SR.C.V.PRASADARAO
SECRETARY TO GOVERNMENT(PR)