Friday 18 October 2019

Date of coming into force of Civil Courts Act 10/19


GOVERNMENT OF TELANGANA
ABSTRACT
Acts – Telangana Civil Courts (Amendment) Act, 2019 (Act No.10 of 2019) – Date of commencement of the Act – Notification – Issued.

LAW (LA, LA& J-HOME-COURTS.A) DEPARTMENT            G.O.Ms.No. 48 Dated: 17-10-2019
Read: Telangana Civil Courts Act, 2019 (Act No.10 of 2019).

ORDER:
The following Notification will be published in an Extraordinary issue of Telangana Gazette,                  dated:17-10-2019.
NOTIFICATION
In exercise of the powers conferred by Sub-section (2) of Section (1) of the Telangana Civil Courts (Amendment) Act, 2019 (Act No.10 of 2019), the Government hereby appoint the 25th October, 2019 as the date on which the provisions of the said Act shall come into force.


(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
V.NIRANJAN RAO
SECRETARY TO GOVERNMENT
LEGAL AFFAIRS, LEGISLATIVE AFFAIRS & JUSTICE

Telangana Civil Court (Amendment) Act 2019




Thursday 17 October 2019

Notes on Assigned Lands


Assignment: providing government cultivable waste land to the land less poor persons for their lively hood more particularly Land Less Agricultural Labor.
BSO 15 explains the procedure of assignment/appeals and revision
Regional names of assigned pattas

Andhra Area-- D.K.T Patta/Darakhast Patta(Conditions are DKT conditions)

Telangana Area--vani Patta(Lavani Patta Rules)



Lands not to be assigned
1.All water course porambokes
2.Burrial gourds
3. Reserve forest
4. Lands reserved for public purpose
5. Rasta, roads and lands within the vicinity of railway tracks
6. Land located within 2 chains from the boarders of R.F and Revenue fields. (buffer area)
7. Sea coasts
8. Cantonment lands
9. Lands located near air ports
10. Lands containing minerals, quarries
11. Important note
a) There are Several orders of High Court / Supreme Court not to assign or alienate water course porambokes
b) Even proposals should not be prepared and submitted to higher officers or to the Govt., for consideration
II. The following lands vested with G.P’s can be assigned if not required for public purpose with
the orders of RDO (if these lands extent is more then 10% of the cultivable area.) note 10% land
shall be available in the village for public purpose 
1Topes
2 Cattle stay lands
3 Cart tracks
4 Santha poramboke(weekly Market)
5 Grazing of grounds
6 Drying yards
7 Water course porambokes (Shikham lands)
8. Burial grounds
9. Rasta and as stated in column 2
10.Gairan(with Trees),
11 Banchrai and Kancha lands


A. Lands that can be assigned in Andhra Area 

1. AWD: Assessed Dry dry
2. Un Assessed 
Waste Dry
3. Gutta: if it is not R.F. 
can be converted to 
AWD & assign
4. Ceiling scrupulous 
lands
5 Bought in lands, not 
required for public 
purpose

B. Lands that can be assigned in Telangana Area 

1.Poramboke 
lands
2.Gairon(Forest 
Dept.consent)
3. Kharis khata
4 Charai lands
Note: to convert 
the lands to 
A.W.D for 
assignment



WHO ARE ELIGIBILE FOR ASSIGNMENT
• He/She must be resident of that village where the land proposed for 
assignment is existing (up to 1996)
• In the year 1996 the Government of AP issued G.O – the resident of a 
Mandal is eligible for assignment land in any village of that mandal.
• He/She must be B.P.L and agriculture labour / village artisan.Income less 
than Rs.11ooo/per year.
• Ex-service persons (NCOs’ only)
• Freedom Fighters
• Political sufferers
• Family affected due to terrorist violence (if Govt. gives Spl. orders)
• Priority should be given to the land less poor who occupied 
unobjectionable Govt., land and doing cultivation 



Extent 
Of Land Can be assigned to a Family.
Prior to 31-3-2008
a) Ac.2.50 wet Land or Ac.5.00 Dry Land to 
the family ,including land already having
b)For the purpose of Calculation, the wet 
land shall be doubled and to add Dry Land.
► From 31-3-2008 As per GONo.563 (Rev.) 
dt.31-3-2008.(As per KRC Rec.)
a)Ac 1.00 Wet or Ac.2.00 Dry Land.(Vide 
Condition b above and to be followed.

GOS’ RELATING TO ASSIGNMENT
The Land records in Telangana area and Andhra area are different 
in settlement and also the terminology completely differs in the 
village records. The assignment conditions are also different up 
to 1959.

Andhra Area
Fist survey settlement of lands as per 
Ryotwary System was started in the year 
1870. (original survey settlement)
Resettlement of lands were done during 
1900-1920 (R.S.R) Resurvey Settlement
Registers were prepared (Based on this ‘A’ 
registers were prepared)
During the British period assigning lands to 
poor were started with limited conditions
from Fasali 1328 (1918)
Some lands were reserved to military 
service people and Depressed Class (D.C)
people. As per Settlement Register, for 
assignment (see ‘A’ registers)
Prior to 1953 with few conditions the lands 
were assigning to the poor and in some
pattas there was condition i.e. transfers 
shall not be made.
Where no such condition in the D Form 
Patta, there was a practice of transfers by 
way of sale.
Comprehensive assignment rules came 
into force vide GO no.1142 dt 18-6-1954 
till today the above GO (is holds good)

Telangana Area

1. First Land Revenue Act was introduced in 
1907 i.e. A.P. (Telangana Area) Land Revenue
Act 1317 (Act 8 of 1317)
2. In the year 1945 Act 3 of 1355 with 
amendments in the previous Act.
3. In the year 1949 (after police action) 
Hyderabad record of rights in land 
“Regulation”
4. As per the above 1949 regulation “Land 
census Rules 1954” was came in to force.
5. a) The allotment of land to the enjoyers of 
land started vide sections 53A, 54, 54A, 58B
of Telangana Land Revenue Act 1317 (year 
1907)
a) In the year 1937 i.e. Fasali 1347 
“LAVANI” rules were came in to force 
and assigning lands to land less poor 
started.
b) There after the LAVANI rules were 
included in Telangana L.R. Act 1317 
under section 172 and LAVANI rules 
“1950” were came in to force.

GO Ms No:1406 (Revenue) 25-08-1958 for Telangana area and 
changes. GO Ms No:1724 (Revenue) 26-08-1959 are the 
important GOs to study assignment policy in Telangana Area)
Integrated system of assignment of lands policy in Andhra Pradesh
GO Ms No: 1407 (Revenue) 25-07-1958
GO Ms No: 1725 (Revenue) 26-08-1959
Amalgamation of assignment policy both in Andhra and 
Telangana areas as in AP.



PROCEDURE OF ASSIGNMENT
1. Eligible occupant of unobjectionable government lands has to submit application in form ‘A’ to VRO/RI/OR to the Tahsildar
2. The VRO has to inspect the land and to prepare rough sketch and to publish ‘A1’ notification inviting the objections if any within 15 days. (15 days is mandatory)
3. If no objections received prepare assignment file and submit to RI/Girdawar.
4. MRI to inspect land and to write remarks, if wells trees, structures excising the value has to be estimated and to submit file to Tahsildar along with check memo.
5. a) If sub division of field is required or if it is a block (large area) to refer the file to Mandal surveyor for sub division of land.
b) If it is a block (large area) and several sub divisions are to be made, sub division records are to be scrutinized and new survey numbers are to be assigned as per survey and Boundaries Act 1923.
6. After survey/sub division work is completed the Tahsildar has to inspect land and to pass appropriate orders on ‘A’ memorandum (in Duplicate) (one copy to retain in file and one copy to be forwarded to RI for implementation in village accounts)
7. D. Form pattas to be signed in duplicate (one copy to retain in tile and one copy to be forwarded to RI for implementation in village accounts) & in ROR
8. After issuing D form +( sketch) FMB (Tippan) the details of assignment shall be implemented in village accounts & Manadal Accounts and ROR, P.B&TD shall be issued to the beneficiary.
9. The details of assignments shall be recorded in D.K.T register of office

Note:- D.C. reserved/other reserved lands can be assigned to others as per BSO 15 Para 37. Collector is the competent authority to with draw the reservations. If lands are not under cultivation for more than ten years.


CANCELLATION OF ASSIGNMENTS
If assignee violates any of the conditions of D form patta the Tahsildar is competent to cancel and to resume the land to govt. by issuing prior notice.
• If any D. form land is required for public purpose – on payment of compensation, the land can be resumed to govt. (prior notice to be issued) GO Ms No.1307.
Note: In both cases the Tahsildar has to be issued speaking order.

II Assignments made on misrepresenting the facts or by mistake of fact

• RDO can review the assignment suo-motto or by appeal and set aside the orders of assignment made by the Tahsildar if there are procedural irregularities.
• As per BSO 15(18) RDO is the competent authority to review the assignment or to cancel the assignment order issued by Tahsildar., but as per the GO No:912 issued in the year 1985 Collector is the competent authority to review the assignments on appeal or suo-motto if assignment made under mistake of fact or misrepresentation facts


First appeal  :RDO
Second Appeal:Collector
Revision:CCLA
Review:Government


ASSIGNMENT TO EX-SERVICE PERSONS
• Only NCOs’ who retired are eligible
• The applications received from persons who are in service can be rejected.
• The retired person shall submit his application within a year of retirement to the District Collector through synik welfare officer of that District.
• He has to submit certificate that he did not obtain pattas in any other areas.
• D. form pattas with specific conditions shall be given
• They can sale the land after 10 years of assignment with the permission of District Collector / RDO/Govt. Based on the value of the land.GONo.1307(2013)

FREEDOM FIGHTERS / POLITICAL SUFFERS
• Eligible for 5Ac wet or 10 dry land
• They have to produce DOB and other certificates from the jail.
• Certificate from the co-prisioner of the jail
• Care should be taken in assigning lands.

ROLE OF RDO/Sub Collector
• RDO/Sub Collector, to obtain the list of lands and names of beneficiaries    to be assigned from the tahsildars prior to assignment
• Random inspections to be made and to know the eligibility of the  beneficiaries
• To verify assignment files

TO CONVENE ASSIGNMENT COMMITTEE MEETING
Before assigning the land
1. List of beneficiaries and lands to be assigned village wise to be prepared and communicated to assignment committee members.
2. The same lists to be hand over to MLA concerned and to obtain date for convening assignment committee meeting

ASSIGNMENT COMMITTEE
G.O.Ms No.98, Rev. Dept., dated: 17-01-2005.
1. Chairman-MLA of the constituency
2. RDO-convener
3. Three social workers of the A/C
I. One form SC/ST
II. One form BC/Minorities
III. One form others
4. MPP, ZPTC
5. One respective each from the re-cognized political party
6. Tahsildar-Member Secretary


BHOODAN LANDS
• These lands are not assignable lands
• In fact these lands are belongs to Bhoodan Board and notified in Andhra Pradesh Gazette. (existing in Gandhi Bhavan)
• Bhoodan Board will give permission to any person who is eligible on the recommendation of
1. Donar of the land
2. Grama Sabha in which village the land is located
3. VRO / Tashildar
• After issue of permission the Tashildar direct the VRO to make necessary entries in Adangal/ pahani and in ROR.

CANCELLATION OF PERMISSION IF VIOLATED BHOODAN LANDS
On the recommendation of Grama Sabha / VRO / Tashildar – the Bhoodan board can cell in permit if beneficiary violated the conditions and re allot the land to other eligible person.





PRESENT STATUS OF ASSIGNMENT
• In fact almost all the vacant lands were assigned already and only few bits of extant remained.
• The Tahsildars are resuming the assignment lands to government where they are not cultivated or sold / purchased by some other poor persons and declaring as vacant land available for assignment
• At present majority of the assignments are from the resumed land only
• In fact Act 9/1977 or Act 8/2008 prohibits such transfers.
• As RDO / convener of assignment committee meeting, must be careful and to see that lands should not go in to the hands of rich people.

ASSIGNMENT OF CEILING SCRUPULOUS LANDS
• Tahsildar is the competent authority to assign the lands as follows
50% SCs’
10% STs’
30% BCs’
10% Others
• Once in every year 100% field inspections to be done to know the actual enjoyers
• RDO is the competent authority to cancel the assignment and to resume the land to government






Wednesday 9 October 2019


Funeral Charges(Obsequies charges) Enhanced to all TS Govt Employees-GO.122


TS GO.122 Funeral Charges(Obsequies charges) Enhanced to all TS Govt Employees-
GO.MS.No. 122 Dated: 11/04/2016: 

Govt of Telangana-Service Welfare-Welfare of Government Employees - Sanction of expenditure on obsequies of deceased Government Employees - Enhancement of obsequies charges from Rs.10,000/- to Rs.20,000/- - Orders - Issued.

Reference:
1. G.O.Ms.No.192, GA(SW.I) Department, Dt: 23.04.2010.
2. U.O.Note.68/1/HRM.IV/2014, Finance (HRM.IV) Department, dt: 09.4.2015

ORDER:
In the G.O. 1st read above, the Government have enhanced the obsequies charges from Rs.5,000/- to Rs.10,000/- to all the categories of Government employees including All India Service Officers payable to the nearest relative of Government employees or the person lawfully in possession of the body of the deceased Government employees.

2. In the U.O. 2nd read above, the Finance (HRM.IV) Department has requested this Department to take necessary action for enhancement of Funeral Charges to the deceased Government Employees, as per the recommendations made by the 10th Pay Revision Commission to increase the amount of funeral charges to Rs. 20,000/-.

3. The Government after careful examination, hereby enhance the obsequies charges from Rs.10,000/- to Rs.20,000/- (Rupees Twenty Thousand only) to all categories of Government Employees to meet the expenses on obsequies ceremony, in case of death while in service.

4. The enhanced amount in para (3) above shall be debited to sub detailed Head of Account “310-Grants-in-aid”, “312-Other Grant-in-aid” under respective Major, Minor and Sub-Head of Account of the Department concerned and exempted from the Treasury Control and Quarterly Control orders. All Departments of Secretariat and Heads of Departments shall obtain supplementary grant for such expenditure incurred at the appropriate time during the same Financial Year.

5. This order issues with the concurrence of the Finance (EBS.I) Department vide their U.O. No.11609/442/A1/EBS.I/2015, Dated: 09.10.2015 and U.O.Note.No.4776/
161/EBS.I/A1/16, Dated: 07.04.2016



AMENDMENT TO HEADS

Govt Of Tealngana-GAD GO.Ms.No.240 Dated:16-07-2016-Services Welfare - Sanction of expenditure on obsequies of deceased Government Employees - Amendment - Orders - Issued.

Reference:
1. G.O.Ms.No.122, GA(SW) Department, Dt: 11.04.2016.
2. From the Finance Department,U.O.Note.169/A2/BG/2016 dt:04.06.2016.

ORDER:
In the G.O. 1st read above, the Government have enhanced the obsequies charges from Rs.10,000/- to Rs.20,000/- (Rupees Twenty Thousand only) to all categories of Government Employees to meet the expenses on obsequies ceremony, in case of death while in service.

2. In the U.O. 2nd read above, the Finance (BG) Department have requested to amend the detailed head of account as “310-Grants-in-Aid. 318 – Obsequies charges” instead of “310-Grants-in-Aid. 312 - Other Grants-in-Aid” under respective Major, Minor and Sub-Head of account of the departments concerned, issued in the 1st read above. Accordingly, Government hereby issue the following amendment to the G.O. 1st read above.

AMENDMENT
FOR :: 310- Grants-in-Aid :: 312 -Other Grants-in-Aid
READ :: 310- Grants-in -Aid :: 318- Obsequies charges













PROCEEDINGS OF THE  JUNIOR CIVIL JUDGE, ________


Present : ______________.,


DIS. No :                                                                            

Dt : 9-10-2019











Sub : COURTS- Sanction of Obsequies charges to ______________________ Who expired on 09-10-2019 – Orders issued – Reg.











Ref : 1) GO.MS.No.122,Dated 11/04/2016: Finance (Pension-I) Dept.







2) Message received from 




*****





It has been brought to the notice of the department vide reference 2nd cited that, Sri. _______________ Expired on 31-8-2012.


2. In pursuance of the orders issued in the reference 1st read above, sanction is hereby accorded for payment of Rs.20,000/- (Rupees Twenty thousand only) towards obsequies to ____________ who was Expired on 01-10-2019 while in service.


3. The amount is payable to the party through cheque / DD and the expenditure is debitable from Head of Account "2014 – Administration of Justice - 105- Admn of Justice - 001- _____ 310 – Grants-in-Aid – 318 – Other Grants – in Aid"











Copy to

Junior Civil Judge


The individual,




Bill







DTO,