andhra pradesh districts (formation) act, 1974

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Act Description : ANDHRA PRADESH DISTRICTS (FORMATION) ACT, 1974
Act Details :
ANDHRA PRADESH DISTRICTS (FORMATION) ACT,
1974
7 of 1974
19th March, 1985
An Act to provide for the formation of districts in the State of Andhra
Pradesh and for alteration of areas or boundaries of the districts in the
interests of better administration and development of the areas
comprised therein and for matters connected therewith. Be it enacted
by the Legislature of the State of Andhra Pradesh in the Twentyfifth
Year of the Republic of India as follows:
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Districts (Formation)
Act, 1974.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification in the Andhra Pradesh Gazette, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires,- *
[(a) "Commissioner of Land Revenue" means the Commissioner of
Land Revenue for Andhra Pradesh];
(b) "Government" means the State Government;
(c) "notification" means a notification published in the Andhra Pradesh
Gazette and the expressions notify or notified shall be construed
accordingly;
(d) "Prescribed" means prescribed by rules made under this Act;
(e) "revenue division, *[Mandal] and village" means respectively any
area which is notified as a revenue division, *[mandal] or village under
this Act.
Section 3 Division of State into districts, formation of new
districts and alteration of areas, boundaries or names of
existing districts
(1) The Government may, by notification, from time to time, for the
purposes of revenue administration, divide the State into such districts
with such limits as may be specified therein; and each district shall
consist of such revenue divisions *[and each revenue division shall
consist of such mandals and each mandal shall consist of such
villages] as the Government may, by notification from time to time,
specify in this behalf.
(3) The areas, boundaries and names, of the districts, revenue
divisions, taluks, firkas and villages in the State existing at the
commencement of this Act shall be deemed to have been notified
under subsection (1) and shall continue until they are altered by the
Government or the *[Commissioner of Land Revenue], as the case
may be.
(4) The *[Commissioner of Land Revenue] may, in the interests of
better administration and development of the areas and subject to
such rules as may be prescribed, by notification, group or amalgamate
any two or more revenue villages or portions thereof so as to form a
single new revenue village or divide any revenue village into two or
more revenue villages, or increase or diminish the area of any revenue
village, or alter the boundaries or name of any revenue village.
(5) Before issuing any notification under this section, the Government
or the *[Commissioner of Land Revenue], as the case may be, shall
publish in such manner as may be prescribed, the proposals inviting
objections or suggestions thereon from the persons residing within the
district, revenue division, taluk, firka or village who are likely to be
affected thereby within such period as may be specified therein, and
shall take into consideration the objections or suggestions, if any,
received.
(6) Any notification under this section may contain such supplemental,
incidental and consquential provisions (including provisions as to
adaptation and construction of laws) as the Government or the
*[Commissioner of and Revenue] as the case may be, may deem
necessary.
Section 4 Power to make rules and
notifications before the State Legislature
the
laying
of
(1) The Government may, by notification, make rules for carrying out
all or any of the purposes of this Act.
(2) Every notification made under this section shall, immediately after
it is made, be laid before each House of the State Legislature if it is in
session and if it is not in session, in the session immediately following,
for a total period of fourteen days, which may be comprised in one
session or in two successive sessions, and if, before the expiration of
the session in which it is so laid or the session immediately following,
both Houses agree in making any modification in the notification or in
the annulment of the notification, the notification shall, from the date
on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be; so
however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
notification.
Section 5 Repeal Act 1 of 1865, Act VIII of 1317 F
The Andhra Pradesh (Andhra Area) District Limits Act, 1865 and
Section 5 of the Andhra Pradesh (Telangana Area) Land Revenue Act,
1317F. are hereby repealed.
RULE:
ANDHRA PRADESH DISTRICTS (FORMATION) RULES,
1974
In exercise of the powers conferred by subsection (1) of Section 4 of
the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974 )
and in supersession of the Andhra Pradesh Districts (Formation) Rules,
1974 issued with G.O.Ms.No.529, Revenue, dated the 22nd April, 1975
and published at Pages 17 of the Rules supplement to PartI,
Extraordinary of the Andhra Pradesh hereby makes the following rules,
namely
Rule 1 Short title
These rules may be called the Andhra Pradesh Districts (Formation)
Rules, 1984.
Rule 2 Definitions
In these rules:
(i) "Act" means the Andhra Pradesh District (Formation) Act, 1974.
(ii) "Collector" means the Collector in charge of a revenue district.
(iii) "Form" means form appended to these rules.
(iv) "Mandal" means a part of the district, within a revenue division
under the charge of a Tahsildar or Deputy Tahsildar.
(v) "revenue division" means a part of the district comprising of one or
more mandals under the charge of Revenue Divisional Officers Sub
collector Assistant Collector or any other officer placed in charge of a
division.
(vi) "Village" means a settlement or locality or area consisting of
cluster of habitations and the land belonging to their proprietary
inhabitants and includes, a town or city and a hamlet (Mazra).
Rule 3 Matters of consideration in formation of districts
etc
(3) In matters concerning subsection (1) or subsection (2) of Section 3
of the Act the Collector concerned shall forward to the Government his
report with his views together with the record of enquiry if any for the
consideration of the Government. If after such consideration the
Governments so decides, a preliminary notification under subsection
(5) of Section 3 of the Act inviting objections or suggestions to the
proposals from the persons residing in the areaareas which are likely
to be affected thereby, shall be issued.
Rule 4 Publication of preliminary notification
(1) The preliminary notification referred to in subrule (3) or (4) of Rule
3 inviting objections or suggestions thereon shall be in Form I and
shall be published in the Andhra Pradesh Gazette and District Gazettes
of the districtor districts affected by the proposal and shall also be
displayed at the village chavidi, offices of Gram Panchayat, Panchayat
Samithi and on the notice boards of the Offices of the Revenue
Divisional Officer Sub Collector Assistant Collector Collectorate and Zill
Parishad.
(2) Any person affected by the proposal may within 1[thirty] days
from the date of publication of the notification referred to in subrule
(1) above communicate the objections or suggestions thereto to the
Secretary to the Government in the Revenue Department or to the
Commissioner of Land Revenue, as the case may be, through the
Collector of the district concerned, who shall forward the same with his
remarks to the Government or the Commissioner of Land Revenue as
the case may be.
Rule 5
Publication of final notification:- The Government or the Commissioner
of Land Revenue, as the case may be, having regard to the
suggestions or objections referred to under Rule 4 either confirm the
preliminary notification or issue it with such modification modifications
as may be necessary and publish it in Forms II or III, as the case may
be, under subsections (1), (2) or (4) of Section 3 of the Act in Andhra
Pradesh Gazette and in the District Gazette concerned.
APPENDIX 1 FORM
FORM
FORM 1
(See Rule 3)
Under subsection (5) of Section 3 of the Andhra Pradesh (Districts)
(Formation) Act, 1974 (Act No.7 of 1974) notice is hereby given to all
concerned that the Government in the interest of better administration
and development of the area concerned propose to form new district
revenue division mandal as set out in the schedule hereto appended to
increase the are as diminish the areas of alter the boundaries of alter
the name of district revenue division mandal as detailed in the
schedule hereto appended.
[****]
OR
The Commissioner of Land Revenue in the interests of better
administration and development of the areas concerned proposes to
group or amalgamate certain revenue village sportions of certain
revenue village to form a new revenue village divide a revenue village
increase the area of diminish the area of certain revenue village salter
the boundaries of certain revenue village salter the names of certain
villages as set out in detail in the schedule appended hereto
Objections or suggestions are invited on the above proposal from all
persons residing within the district revenue division mandal or village
who are likely to be effected thereby for being taken into consideration
by the Government Commissioner of Land Revenue.
All objections and suggestions should be in writing in English or Telugu
and should be addressed to the Collector (by designation) within
whose jurisdiction the area lies so as to reach the office of the
Collector on or before expiry of [30] days from the date of this
notification.
(By order and in the name of the Governor of Andhra Pradesh)
Secretary to Government of A.P.
Revenue Department
Secretary to the Commissioner of
Land Revenue.
(See Rule 3)
APPENDIX 2 FORM
FORM 2
(See Rule 5)
(Final Notification by Government)
In exercise of the powers conferred by subsection (1) of Section 3,
subsection (2) of Section 3 of the Andhra Pradesh Districts (Formation)
Act, 1974 (Act No.7 of 1974) read with subsection (6) of the said
section, the Governor of Andhra Pradesh, in the interests of better
administration and development of the area concerned, after having
published proposals in that regard as required under subsection (5) of
Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act
No.7 of 1974), and having taken into consideration the objections and
suggestions received thereon from all persons in the areas concerned
and likely to be affected thereby, do hereby notify that,
With effect on and from (date) the State District Revenue Division
Mandal shall consist of the districts Revenue Divisions Mandals Villages
specified in the schedule I hereto appended.
OR
there shall be formed a new district revenue division mandal as
specified in the schedule 1 hereto appended.
OR
the area comprising the district revenue division mandal shall be
increased diminished as specified in the schedule I hereto appended
the boundaries of the district revenue division mandal shall be altered
as specified in the schedule I hereto appended.
OR
the name of the district revenue division mandal shall be altered as
specified in the schedule I hereto appended.
And it is further ordered that the supplemental, incidental, and
consequential provisions specified in schedule II hereto appended shall
come into force with effect on and from (date) in relation to the district
revenue division/mandal/village specified in Schedule-I.
SCHEDULE-I
SCHEDULE-II
Secretary to Government of A.P.
Revenue Department.
APPENDIX 3 FORM
FORM - 3
(See Rule 5)
(Final notification by the Commissioner of Land Revenue)
In exercise of the powers conferred by subsection (4) of Section 3 of
the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) the
Commissioner of Land Revenue in the interests of better
administration and development of the areas concerned after having
published proposals in that regard as required under subsection (5) of
Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act
No. 7 of 1974), and having taken into consideration the objections and
suggestions received thereon from all persons in the areas concerned
and likely to be affected thereby do hereby notify that with effect from
the date of publication of this notification in the Andhra Pradesh
Gazette,
the revenue villagespart of revenue villages specified in the schedule I,
appended hereto shall be grouped, amalgamated orand formed into a
single new revenue village as specified in the said schedule I the
revenue village of .. in .. mandal in .. District shall be divided to form
new revenue village as specified in the schedule I hereto appended.
OR
the (area) or (boundaries) of the revenue village .. Mandal in .. District
shall be (increaseddiminished ) or (altered) as specified in the
schedule I hereto appended.
OR
the name of revenue village in more mandal District shall be altered as
specified in the Schedule hereto appended.
And it is further ordered that the supplemental, incidental and
consequential provision specified in the schedule II hereto appended
shall apply in relation to the specified in Schedule I.
SCHEDULE-I
SCHEDULE-II
(By order and in the name of the Governor of Andhra Pradesh)
Secretary, for and on behalf of the
Commissioner of Land Revenue,
Andhra Pradesh(See Rule 5)
Act Type : Andhra Pradesh State Acts
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