Acquisition and Transfer of Property by Gram Panchayats, Mandal Parishads and Zilla Parishads Rules, 2001

{
    "id": 14307,
    "slug": "acquisition-and-transfer-of-property-by-gram-panchayats-mandal-parishads-and-zilla-parishads-rules-2001",
    "title": "Acquisition and Transfer of Property by Gram Panchayats, Mandal Parishads and Zilla Parishads Rules, 2001",
    "short_title": "Acquisition and Transfer of Property by Gram Panchayats, Mandal Parishads and Zilla Parishads Rules, 2001",
    "act_number": "Published vide Notification No. G.O. Ms. No. 215, ",
    "act_year": 2001,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Acquisition and Transfer of Property by Gram Panchayats, Mandal Parishads and Zilla Parishads Rules, 2001",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short Title.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Conditions for Acquisition of immovable property.",
            "chapter": null,
            "content": "(a) If the property to be acquired is to be used for a purpose which has a bearing on public health or sanitation, the approval of District Medical and Health Officer shall be obtained:\n(b) That the property is approved by the Superintendent Engineer (Panchayat Raj) as well as by the District Panchayat Officer in the case of Gram Panchayats, the Chief Executive Officer in the case of Mandal Parishads and Commissioner, Panchayat Raj in the case of Zilla Parishads as suitable for the purpose for which it is intended, in case where the estimated cost exceeds Rs. 10,000/- in the case of Gram Panchayats, Rs. 25,000/- in the case of Mandal Parishads and Rs. 1,00,000/- in the case of Zilla Parishads:\n(c) that the property, if its value exceeds Rs. 10,000/- and if it is intended for educational purposes, the approval of the District Educational Officer is also necessary;\n(d) that the property, if its value exceeds Rs. 10,000/- and if it is intended for hospitals and dispensaries, the approval of the District Medical and Health Officers is also necessary;\n(e) that the property shall not be acquired otherwise than under the Land Acquisition Act, 1894, unless the previous approval of the District Collector has been obtained thereof;\n(f) that in the case of the lands acquired otherwise than under the Land Acquisition Act, 1894, a valuation certificate is obtained from the Revenue Department and that no amount in excess of such valuation shall be paid without obtaining the specific approval of the District Collector in that behalf;\n(g) that in the case of buildings, a valuation and a certificate regarding structural stability are obtained from the Executive Engineer (Panchayat Raj) and that no amount in excess of such valuation shall be paid without obtaining the specific approval of the District Collector in that behalf; and\n(h) that in every case where the consideration for the property is not less than Rs. 1,000/-an encumbrance certificate is obtained from the Sub-Registrar concerned in respect of such property and examined by the Legal Adviser of the Gram Panchayat, Mandal Parishad, Zilla Parishad as the case may be, unless the nature of the transaction as such by law, the property is free of all encumbrances:\n(1) in case of alienation of land to Government Department, if the land and structure belonging to Gram Panchayat; where the value of land is more than Rs. 25,000/-and in the case of Mandal Parishad, where the value is more than Rs. 50,000/- prior approval of Collector shall be obtained. In case of Zilla Parishads, wherever the value of the land and structure exceeds Rs. 2.00 lakhs, prior approval of Government shall be obtained. In case of alienation in favour of Government organisations, where Government has a stake of more than 50% and wherever the value of the land exceeds Rs. 25,000/- in the case of Gram Panchayat, Rs. 50,000/- in the case of Mandal Parishad and Rs. 1.00 lakh in the case of Zilla Parishad, prior approval of Government shall be obtained.\n(2) The deed transferring the property to the Gram Panchayat, Mandal Parishad and Zilla Parishad shall be in the appropriate form as specified in Schedule I appended to these rules, with such variations as circumstances may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Transfer of Immovable Property.",
            "chapter": null,
            "content": "(1) Immovable property vesting in but not belonging to a Gram Panchayat, Mandal Parishad and Zilla Parishad shall not be transferred or charged in contravention of the conditions subject to which such property because vested m the Gram Panchayat, Mandal Parishad and Zilla Parishad.\n(2) No land belonging to Gram Panchayat or Mandal Parishad or Zilla Parishad shall be alienated or transferred by sale, lease or mortgage to private individuals or associations or Private Institutions even for purposes which are charitable in nature:\n(3) The deed of transfer, in favour of Government Departments or Government Organisations shall beta the appropriate form in Schedule-Ill appended to these rules, with such variations as circumstances as may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Taking land on lease by the Gram Panchayat/Mandal Parishad/Zilla Parishad.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Transfer by lease of immovable property vested in but not belonging to Gram Panchayat, Mandal Parishad and Zilla Parishad.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Leases of Road sides and street Margins.",
            "chapter": null,
            "content": "(i) The Gram Panchayats Mandal Parishads and Zilla Parishads can lease out road margins and street margins for taking up tree Patta Scheme in favour of those individuals or families below the poverty line. Provided that while issuing such leases a minimum of 60% of such land should be earmarked in favour of S.Cs. and S.Ts.;\n(ii) every Gram Panchayat, Mandal Parishad and Zilla Parishad shall require that every application for a lease shall furnish information as to the use to which the land will be put and the period of which a lease is required. If any structure is proposed to be constructed thereon, information as to the materials to be used in the construction should also be furnished;\n(iii) the lease may be granted by the Gram Panchayat, Mandal Parishad and Zilla Parishad as the case may be, if the structure is to be constructed of with temporary materials such as palmy rah or coconut leaves, bamboo or other matting or gunny cloth or other similar, materials or which are of such a nature as to be movable daily, and the period of lease shall not exceed twelve months and fee shall be levied and collected in advance for every lease;\n(iv) no lease for a structure made of materials other than those mentioned in clause (iii) or for a period exceeding twelve months, shall be granted by Gram Panchayat/Mandal Parishad/Zilla Parishad, except with the previous approval of the District Collector who while according approval may lay down such conditions as he may consider necessary subject to which the lease may be granted by the Gram Panchayat/Mandal Parishad/Zilla Parishad. The Gram Panchayat/Mandal Parishad/Zilla Parishad shall embody such conditions in the lease as it thinks necessary, before it is granted. It must be expressly provided in every case that the amount of the lease shall be paid to the Gram Panchayat/Mandal Parishad/Zilla Parishad as the case may be, in advance so long as the lease is in force and that in default of payment of such amount the lease is liable to be terminated;\n(v) no lease shall be granted ordinarily for a period exceeding twelve months at a time. The approval of the District Collector shall not be necessary for a renewal of a lease granted under this rule;\n(vi) every lease under clause (iii) or clause (iv) shall expressly provide that the lease is liable to be terminate at any time within the period of the lease without payment of compensation to the leasee if, in the opinion of the Gram Panchat/ Mandal Parishad/Zilla Parishad or of the District Collector, if it is necessary in the public interest to remove any structure erected on the land;\n(vii) no road margin shall be leased out for cultivation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Publication of Proposed transfers and leases.",
            "chapter": null,
            "content": "(a) in the District Gazette, if the consideration for the transfer exceeds Rs. 10,000/-or if the rent reserved under the lease exceeds Rs. 1,000/- per annum;\n(b) by affixure in a conspicuous place;\n(i) at the Gram Panchayat Office in which the property is situated, in the case of Gram Panchayat, Mandal Parishad Office in the case Mandal Parishad property and Zilla Parishad Office in the case of Zilla Parishad property; and\n(ii) on the property to be transferred or leased;\n(iii) at the office of the District Collector and of the Revenue Divisional Officer;\n(iv) at the Mandal Revenue Officer concerned.\n(a) In the District Gazette and in one or two prominent local newspapers circulated within the jurisdiction of the Gram Panchayat/Mandal Parishad/Zilla Parishad as the case may be, if the consideration for the transfer exceeds Rs. 10,000/-or if the rent reserved under the lease exceeds Rs. 1,000/- per annum.\n(b) In the manner specified in clause (b) of sub-rule (1); and\n(c) By beat of drum in suitable places.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Transfers and leases to be subject to condition of transferee or lessee paying assessment, ground-rent, Peshkash, or quit-rent to Government.",
            "chapter": null,
            "content": "Schedule I\n( See Rule 2(2))\nForm I (a)\nTransfer by Sale\nTransfer by Sale\nThe Schedule Above Referred to\nThe Schedule Above Referred to\nWitnesses:\n(1)\n(2)\nForm I (b)\nTransfer by Lease\nTransfer by Lease",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "1",
            "title": "1. In consideration of the rent hereby reserved and of the covenants by the lessee herein contained the lessor demises unto the lessee. All that piece or parcel of land together with the building and premises known as................. situated in the registration subdistrict of.........in the registration district ........ bearing S. No.............. and more particularly described in the Schedule hereto for the term of........years from the day of ........... paying therefore in advance the mon",
            "chapter": null,
            "content": "1.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "2",
            "title": "2. The lessee covenants with the lessor as follows. - (1) To pay the reserved rent on or before the first day of each month in advance and in manner aforesaid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "2",
            "title": "2. The lessee covenants with the lessor as follows.",
            "chapter": null,
            "content": "(2) To bear pay and discharge all existing and future taxes, charges, assessments and outgoings payable in respect of the said premises.\n(3) To keep the exterior and the interior of the demised premises and all additions thereto the boundary wall and fences thereof the drains soil and other pipes, sanitary and water apparatus, electric fittings and fixtures thereof in good and tenantable repair and conditions.\n(4) Not to make or permit to be made under any circumstances any alterations in or addition to the demised buildings without the previous consent in writing of the lessor. Provided always that if the lessee is permitted to make any alterations by the lessor the lessee shall not be entitled to any compensations therefor.\n(5) To permit the lessor with or without workmen or others at all reasonable times on giving one day's previous notice to enter upon the demised premises and to view the condition thereof and upon notice being given by the lessor to repair within one month from the service of the notice in accordance therewith.\n(6) Not to assign, underlet or part with the possession of the demised premises or any part thereof without first obtaining the written consent of the lessor.\n(7) To yield up the demised premises with all fixtures and additions thereto at the determination of the tenancy in good and tenantable repair and condition in accordance with the covenants herein contained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "3",
            "title": "3. The lessor covenants with the lessee as follows. - (i) That the lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on its part contained shall peacefully hold and enjoy the demised premises during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for him.",
            "chapter": "part contained",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "3",
            "title": "3. The lessor covenants with the lessee as follows.",
            "chapter": null,
            "content": "(ii) To carry out all repairs to main walls, roof and foundations due to fair wear and tear, the decision of the Executive Engineer for the time being of......... Division as to the necessity for such repairs being final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "4",
            "title": "4. Provided always that it is hereby expressly agreed by and between the parties hereto as follows.",
            "chapter": null,
            "content": "The Schedule above Referred to\nThe Schedule above Referred to\nWitnesses:\n(1)\n(2)\nForm I (c)\nTransfer by Mortgage\nTransfer by Mortgage\nThe Schedule above Referred to\nThe Schedule above Referred to\nWitnesses:\n(1)\n(2)\nForm I (d)\nForm I (d)\nTransfers by Gift\nTransfers by Gift\nThe Schedule above Referred to\nThe Schedule above Referred to\nWitnesses:\n(1)\n(2)\nForm II (b)\nForm II (b)\nTransfer by Exchange\nTransfer by Exchange\nThe First Schedule above Referred to\nThe First Schedule above Referred to\nThe Second Schedule above Referred to\nThe Second Schedule above Referred to\nWitnesses:\n(1)\n(2)\nForm II (c)\nForm II (c)\nTransfer by Mortgage\nTransfer by Mortgage\nThe First Schedule above Referred to\nThe First Schedule above Referred to\nWitnesses:-\n(1)\n(2)\nSchedule III\nForm III (a)\nForm III (a)\n( See Rule 5(2))\nTransfer by Lease\nTransfer by Lease\n(And whereas the District Collector of ........... district by an order No...... dated............ day of......... has sanctioned the lease of the property on the subject to the special conditions contained in the second schedule hereto.)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "1",
            "title": "1. That in consideration of the rent hereby reserved and of the covenants by the lessee herein contained the lessor demises unto the lessee all that piece and parcel of land together with the building and premises known as.......... situated in the registration sub-district of in the registration district of............ bearing survey No.......... for the term of........... years from the ......... day of...... paying therefore in advance the monthly rent of Rs..........clear of all deductions t",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "2",
            "title": "2. The lessee covenants with the lessor as follows - (1) To pay the reserved rent on or before the first day of each month in advance in manner aforesaid.",
            "chapter": null,
            "content": "(2) To bear pay and discharge all existing and future charges, assessments and outgoings payable in respect of the said premises inclusive of the ground rent of Rs........ or any other sum that may from time to time be levied as such upon the piece and parcel of land by the District collector of the..... district on behalf of the Government of India or the Government of Andhra Pradesh.\n(3) To keep the exterior and the interior of the demised premises and all additions thereto and the boundary wall and fences thereof and the rains soil and other pipes and sanitary and water apparatus and electric fittings and fixtures thereof in good and tenantable repair and condition.\n(4) Not to make or permit to be made under any circumstances any alterations in or additions to the demised buildings without the previous consent in writing of the lessor or it duly authorized officers provided always that if the lessee is permitted to make any alterations by the lessor or its duly authorised officers the lessee shall not be entitled to any compensation therefor.\n(5) To permit the lessor and its authorized officers or agents with or without workmen or there at all reasonable times on giving on days previous notice to enter upon the demised premises and to view the condition thereof and upon notice being given by the lessor or his authorized officers to repair within one month from the service of the notice in accordance therewith.\n(6) To observe and fulfil the terms and conditions prescribed by the District collector and contained in the Second Schedule hereto annexed.\n(7) Not to assign, underlet or part with the possession of the demised premises or any part thereof without first obtaining the written consent of the lessor or its authorized officers.\n(8) To yield up the demised premises with all fixtures and additions thereto at the determination of the tenancy in good and tenantable repair and condition in accordance with the covenants herein contained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "3",
            "title": "3. The lessor covenants with the lessee as follows: -",
            "chapter": null,
            "content": "(1) The lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised I premises during the said term without any interruption by the lessor or any person rightfully claiming under or in trust for him.\n(2) To carry out all repairs to main walls, roofs and foundations due to fair reasonable wear and tear, the decision of the Executive Engineer for the time being of .......... division as to the necessity for such repairs being final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "4",
            "title": "4. Provided always and it is here expressly agreed by and between the parties hereto as follows: -",
            "chapter": null,
            "content": "(1) If the rent hereby reserved or any pan thereof shall be unpaid for 14 days after becoming payable (whether formally demanded or not) or if any covenant on the 'lessees' part herein contained shall not be performed or observed or if the lessee or other person in whom for the time being the term hereby created shall be vested shall become insolvent than and in any of the said cases it shall be lawful for the lessor or its authorized officers at any time thereafter to re-enter upon the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the lessor in respect of the breach of any of the 'lessee' covenants herein contained.\n(2) If at any time it appears to the District Collector or the lessor (whose decision shall be final) that it is necessary in the public interest to determine the lease it shall be lawful for the said District Collector or the lessor forthwith to cancel this lease by notice in writing addressed to the lessee at this last known place of residence and thereupon this demise shall absolutely determine and the lessee shall not be entitled to any compensation whatsoever in respect of such determination except a proportionate abatement of any rent that may have been paid by the lessee in advance.\nThe First Schedule above referred to\nThe First Schedule above referred to\nThe Second Schedule above referred to\nThe Second Schedule above referred to\nWitnesses:\n(1)\n(2)\nForm III (b)\nForm III (b)\n( See Rule 6(2))\nTransfer by Lease\nTransfer by Lease",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "1",
            "title": "1. In consideration of the rent hereby reserved and of the covenants by the lessee herein contained the lessor demises unto the lessee all that piece of land forming part of the road side and more particularly described in the Schedule street margin attached hereto for a term of......years from the day of........... paying therefore in advance the rent of Rs........... for each year clear of all deductions the first of such payments to be made on the day of...................",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "2",
            "title": "2. The lessee covenants with the lessor as follows. - (a) To pay the reserved rent on or before the 1st day of each year in advance and in manner aforesaid;",
            "chapter": null,
            "content": "(b) To bear, pay and discharge all existing and future taxes, charges, assessments and outgoings payable in respect of the demised land (inclusive of the ground rent of Rs................... or any other sum that may from time to time be levied as such upon the piece and parcel of land by the District Collector of the district on behalf of the Government of India or the Government of Andhra Pradesh.)\n(c) To keep the demised land in good condition.\n(d) Not to make or permit to be made under any circumstances any alterations in or addition to the demised land without the previous consent in writing of the lessor or its duly authorized officers provided always that if the lessee is permitted to make any alterations by the lessor or its duly authorized officers the lessee shall not be entitled to any compensation therefor.\n(e) To permit the lessor and its authorized officers or agents with or without workmen at all reasonable on giving one day's previous notice to enter upon the demised land and to view the condition thereof.\n(f) To use the demised land only for the purposes for which it is leased.\n(g) Not to assign or under-let or part with the possession of the demised land or any part thereof without first obtaining the written consent of the lessor or its authorised officers.\n(h) To yield up the demised land in good condition in accordance with the covenants herein contained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "3",
            "title": "3. The lessor covenants with the lessee that the lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part constained shall peaceably hold and enjoy the demised land during the said term without any interruption by the lessor or any person rightly claiming under or in trust for t the lessor.",
            "chapter": "part constained",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "4",
            "title": "4. The lease is liable to be terminated at any time within the period of the lease without payment of any compensation to the lessee if in the opinion of the lessor or of the District Collector, it is necessary in the public interest to remove any structure erected on the demised land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "5",
            "title": "5. If the rent hereby reserved or any part thereof is not paid whether formally demanded or not in accordance with the stipulation herein contained or if any covenant on the lessee's part herein contained shall not be performed observed or if the lessee or other person in whom for the time being the term hereby created shall be bested shall become insolvent then and in any of the said cases it shall be lawful for the lessor or its authorized officers at any time thereafter to re-enter on the dem",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "6",
            "title": "6. If either party shall desire to determine the present demise and shall give to the other part three calendar months previous notice in writing of such desire, then immediately on the expiration of the three calendar months the present demise and everything herein contained shall cease and be void but without prejudice to the remedies of either party against the other in respect of any antecedent claim or breach of covenant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "4",
            "title": "7. On the expiry of the period for which the1 lease is granted unless he lease is renewed by the lessee or when the lease is terminated under clause 4, the lessee is bound to remove all the structures existing on the demised land. If the lessee fails to remove the structure within three months from the date on which the lease expired or within three months from the date of the receipt of a notice under clause 4 whichever is earlier the lessor shall be at liberty to cause the same to be removed w",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "8",
            "title": "8. In witness were of the common seal of the gram panchayat at .......... the lessor laws hereunto affixed and the lessee hath hereunto set his hand and seal the day and year first above written.",
            "chapter": null,
            "content": "The First Schedule above referred to\nThe First Schedule above referred to\nThe Second Schedule above referred to\nThe Second Schedule above referred to\nWitnesses:\n(1)\n(2)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 29th August, 2019 [ap368]",
        "Act Number": "Published vide Notification No. G.O. Ms. No. 215, Panchayat Raj and Rural Development (Parts III), dated 25.06.2001",
        "Enactment Date": "",
        "Act Year": "2001",
        "Short Title": "Acquisition and Transfer of Property by Gram Panchayats, Mandal Parishads and Zilla Parishads Rules, 2001",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}