1 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No.2287/D2/97 Dt. 12-1-99. Sub:- Transport Department - Continuing irregularity by Transport Department of A.P.,Collection of tax in respect of contract carriages of other states plying in A.P. on T.Ps – certain instructions issued – Reg. Ref:- 1. This office Circular Memo No.8/2287/D2/98, dt. 23-11-98. 2. Circular No.123/11170/D1/98, dt. 21-12-98 of T.C, Chepauk, Chennai. **** In the reference 1st cited instructions were issued to the District Officers as not to collect tax in respect of Contract Carriages / Maxi cabs of Tamilnadu plying in Andhra Pradesh on the strength of Temporary Permits issued U/S 88 (8) of Motor Vehicles Act. In the reference 2nd cited Transport Commissioner, Chennai has issued similar instructions to the District Officers of their State as not to collect tax in respect of Contract Carriages / Maxi Cabs of A.P. State plying on Temporary permits U/s 88(8) of M.V.Act in Tamilnadu since there is reciprocal agreement between the two States. Copy of the circular Memo of Transport Commissioner, Chennai is communicated herewith for information and necessary action. Sd/- V.MALYADRI ADDL. TRANSPORT COMMISSIONER 2 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.6975/D1/92. Dated: 2-2-1999. Sub:-Motor Vehicles – Stage Carriages – Opening of Town Service Routes and grant of permits to private operators – Certain clarification – Issued – Reg. Ref:-1.Cir.Memo No.34446/E4/91, dt.16.11.91. 2.Order of Supreme Court of India in SLP.No.21474/97, dt.11.8.98. *** Hitherto the procedure followed to obtain permission from the Transport Commissioner under rule 258(2)(ii) of A.P. Motor Vehicles Rules, 1989, is that the subject of grant of permission for a town service route is first placed before the Regional Transport Authority for grant and referred to the Transport Commissioner if the distance of town service route is more than 8 Kms., from the municipal limits. However, in Special Order, the Hon’ble Supreme Court of India in SLP.No.21474/97 has directed, among other things, when the permission of the Transport Commissioner is congenialated in rule 258(2) of A.P.M.V.Rules should be preceded the grant of the permit by the Regional Transport Authority. Keeping the above direction in view, the following guidelines are issued in processing the applications filed for grant of town service routes. 1. All the applications should be received by the Secretary, RTA concerned. 2. After verification, the application should be referred to the concerned Motor Vehicles Inspector for a detailed survey report covering the following aspects:(i) Total distance of the route. (ii) Length of the portion of the route that is served and unserved. (iii) Villages covered by the route on the unserved portion and their population. (iv) Distance of overlapping portion on the notified routes of APSRTC. (v) Length of the route within the municipal limits and outside municipal limits. (vi) Whether both the terminus of the route applied for are at points where the traffic is generated. 3. After the receipt of the report from the Motor Vehicles Inspector, the application should be processed and referred to the Transport Commissioner with detailed particulars on the lines mentioned above along with a rough sketch clearly showing the portions of overlapping distance on notified routes of APSRTC, distance within municipal/town limits and distance outside municipal/town limits in different colours for permission under rule 258(2)(ii) of A.P.M.V.Rules, 1989 if the length of the route is more than 8 Kms from the municipal limits and if the overlapping portion on the notified routes is within the permissible limits of the schemes. The applications for which permission is granted by the Transport Commissioner can then, be placed before the Regional Transport Authority, for disposal. 4. Action on the other applications which do not require the permission of the Transport Commissioner should be processed as per the existing rules and placed before the Regional Transport Authority for consideration. In this connection, the attention of all the Secretaries of Regional Transport Authorities is drawn to the Rule 258(2) of A.P.M.V.Rules, 1989 which stipulates that it is the Regional Transport Authority which should be determine as to which are the town service routes. The above guidelines should be followed scrupulously and the receipt of this circular memo should be acknowledged by return of post. Sd/-P.Dayachari, Transport Commissioner. 3 OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD Circular Memo No.21253/E3/98 Dated 9-2-1999 Sub:- Suits – W.P.No.3313/96 and batch – Certain instructions – Issued – Regarding. *** The Hon’ble High Court of Andhra Pradesh in W.P.No.3313/1996 and batch dealing with the grant of two service permits in one district has observed that certain irregularities have crept into the system. These malpractice and fraudulent methods found were as follows: i) Large number of applications for grant of pucca and temporary permits are kept pending for years. ii) Applications of persons who obtain orders from the court for disposal of their cases alone are considered by the Secretary, Regional Transport Authority. iii) When court gave directions to Secretary, Regional Transport Authority, only to “consider” the application for grant of temporary permits, temporary permits were “granted”. iv) When Court directed Secretary, Regional Transport Authority to consider the application for grant of temporary permit, pending consideration of their applications for grant of pucca permits, TPs were continued to be issued even after the applications for pucca permit were considered and rejected by Regional Transport Authority. v) The Regional Transport Authorities orders are communicated to the applicants by registered post only and not by registered post with acknowledgement due. vi) Temporary permits are granted on town service routes 8Kms., without obtaining the permission of the Transport Commissioner and in some cases even after rejection of request for permission U/R.288(2) (ii) of Andhra Pradesh Motor Vehicles Rules, 1989. vii) W.Ps are being filed in High Court and obtaining orders directing the Secretary, Regional Transport Authority to consider their application even without filling an application for grant of temporary permit at the office or filing only on the same day when WP is filed. viii) Applicants are suppressing and/or misrepresenting the facts and misleading the Court and obtaining orders. ix) Full information called for by the High Court is not submitted by the Secretary, Regional Transport Authority leading to difficulty in dispensing Justice. In view of the above malpractices found in the functioning of our offices as pointed out by the Hon’ble High Court of Andhra Pradesh, the following instructions are issued to all Secretaries of Regional Transport Authorities: 1. Any application received for stage carriage permit should be referred to the Motor Vehicles Inspector for his report in 3 days time and the report should be obtained within 15 days of such referral as indicated in Circular No.6975/D1/92 dt.2-2-99 2. After receiving the Motor Vehicles Inspectors report, the application must the processed and placed in the next Regional Transport Authority meeting along with other applications chronologically, without delay. 3. If any order or affidavit is received from any Court, it should be immediately linked to the connected file pending in the office and parawar remarks be sent clearly rebutting any 4 4. 5. 6. 7. 8. claims and submissions made, which are contrary to the facts in the file. Any misrepresentation must be promptly brought to the notice of the Court. Applications for temporary permits be generally discouraged in view of the prompt action contemplated with regard to application for pucca permit. In case, any applicant should be clubbed to the concerned file without fail. Any order of Regional Transport Authority to the applicant should be sent by RPAD and the acknowledgement received should be clubbed to the concerned file without fail. In case of application for town service permit where the distance beyond the municipal limits is more than 8Kms., permission of T.C. u/r 258 (2) (ii) of APMV rules, 1989 is mandatory, whether it is pucca permit or temporary permit based on orders of the Court. Further, the permission of TC should be obtained before the grant of town service permit as per the SC Judgement in cited in Circular Memo.No. dt: Whenever the court directs the Authorities to “consider” the case, it must not be construed as “grant”. When such a direction is received, the application must be only considered as per the existing law, duly following the procedure for disposal. Any ‘grant’ can be made only if it is legally permitted and not based on the direction of the court to “consider”. Whenever any court/Tribunal asks for certain information, this should be gathered based on the facts available in the connected file. All the information sought for by the court must be submitted fully, legibly and promptly. All the Secretaries of Regional Transport Authorities are requested to ensure that the defects and malpractices pointed out by the Honorable High Court are not repeated in their offices and follow the instructions mentioned above scrupulously. Any lapse in these matters would be viewed with extreme severity. The receipt of the circular should be acknowledged by return of post. Sd/- P.DAYACHARI, Transport Commissioner. 5 OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD Circular memo.No.9/20556/P2/98 Dated : 9-2-1999. Sub:- Transport Department – Pollution Testing Station – Permission to use the Machine of Pollution Testing Station (Mobile) from one place to another place – Instructions – Issued – Regarding. Ref:- Discussion held in the D.T.Cs/R.T.Os conference held on 11/12-1-1999. *** In the recent Deputy Transport Commissioners conference held on 11/12-1-1999, some Officers have expressed that there are no adequate number of Pollution Testing Centers in their district, as a result of which they are not in a position to test more vehicles for smoke emission. To get over this type of situation, they sought instructions as to whether the existing licences holders can be permitted more areas within the district to test more and more vehicles. According to the sub rule 9 (f) of Rule 486 of A.P.M.V. Rules, 1989, the holders of a licence granted under rule “(5) of Rule 486 should not shift the testing station from the premises mentioned in the licence, without the prior approval in writing of the Licensing Authority which granted the licence. Keeping in view the priority given to reducing vehicular pollution under the ‘ Clean and Green Andhra Pradesh’ Programme, the District Officers are permitted to allow the existing licence holders to test vehicles in other areas in the same district by shifting the equipment by intimating the Joint Transport Commissioner, Deputy Transport Commissioner/ Regional Transport Officer concerned under intimation to the Motor Vehicle Inspector concerned well in advance, to ensure close supervision. The receipt of circular may be acknowledged. Sd/- P.DAYACHARI, Transport Commissioner. 6 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH::HYDERABAD Circular Memo No.10/14367/X2/98 Dated: 10-2-99. Sub:- Establishment – Transport Department – Issue of instructions to all unit offices on attending the programme of Minister – Issue of – Reg. Ref:- Lr.No.651/M(T) P.S/98 dt:7-9-98 from the P.S. to Minister for Transport. **** In the reference cited P.S to Minister for (Transport) informed that whenever the Hon’ble Minister for Transport visits the Districts, and though the Programme is communicated well in advance, neither the Regional Transport Officer nor of his representatives are attending the Programmes of the Minister and the Minister desired that as and when there is Programme of Ministers to the Districts, the Regional Transport Officer and Deputy Transport Commissioner should invariably follow the Minister and requested to issue instructions. All the Regional Transport Officers, Deputy Transport Commissioners and Secretary, Regional Transport Authorities, Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad, are therefore, instructed as and when there is Programme of the Ministers to the Districts, the Regional Transport Officer and Deputy Transport Commissioner concerned should invariably follow the Minister without fail. The receipt of circular Memo should be acknowledged at an early date. Sd/- V.MALYADRI, FOR TRANSPORT COMMISSIONER. 7 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.11/2608/V1/99 Dated : 11-2-1999 Sub:- Motor Vehicles – Contract Carriages – Grant of Temporary Permits – Certain instructions – Issued. *** In supercession of the instructions issued earlier on issue of temporary permits under Section 88(8) of the Motor Vehicles Act 1988 and on maintenance of connected records like Temporary Permit register, Prorata Tax Register and Demand Collection Balance in respect of contract carriages covered by basic permits and idle buses, the following consolidated instructions are issued for strict compliance. a. Since the vehicles will be booked by the parties well in advance to perform the journey, registered owners may similarly be advised to apply for Temporary Permits well in advance of the date of commencement of the journey, preferably by displaying this message prominently in the notice board. This will help in scrutiny of applications carefully and avoid inconvenience to operators and tourist parties. b. On filling the applications, they should be thoroughly scrutinized from the point of view of valid records like registration certificate, fitness certificate, insurance certificate and adequacy of payment of tax with all relevant details in the prescribed application from duly signed by the registered owner. c. The duration of the special permit applied for should be need-based taking into consideration the number of days required to cover the distances and places mentioned in the application. d. Dates of validity of temporary permit duly maintaining the number of days in words for which temporary permit is issued should be noted clearly so that no scoffer interpolation of figures is given to the registered owner with any fraudulent motive. e. A register for noting amounts of taxes paid on prorata basis for every vehicle should be maintained along with temporary permit register in the following proforma:- Sl.No. 1 T.P.No. 2 Duration From To No. of days Amount of Remarks for which tax paid T.P. issued. 3 4 5 6 7 Entries in this register should simultaneously be made and circulated to the officer along with the Temporary Permits for signature. 8 f. At the end of the quarter an abstract of number of days for which temporary permit obtained and amount of tax paid should be struck for each vehicle and postings made in the regular Demand Collection Balance showing the amount of tax paid as both demand and collection. g. The Regional Transport Officer / Deputy Transport Commissioner should keep a specific watch on the vehicles obtaining Temporary Permits for a few days in a given quarter about their plying without permit and payment of tax during the period when they are not covered by temporary permit and also keep a watch on every vehicle about their plying or otherwise during the idle period by allotting vehicles to Motor Vehicle Inspector/ Assistant Motor Vehicle Inspector in the district. He should personally verify stoppage of a few vehicles at random on a regular basis to make sure that control of Motor Vehicle Inspectors and Assistant Motor Vehicles Inspectors on such vehicles is on expected lines. To facilitate this, the places of registered buses will be parked during idle period and the same noted in prorata tax register. h. While processing the application for temporary permit history sheet of the registered owner from the point of view of his misuse of the vehicle as a stage carriage during the currency of temporary permits issued previously and check reports made by the executive staff should be taken into consideration. In case of any such background, the genuineness of the journey may be verified through field staff before the temporary permit is issued. i. The issue of temporary permits for the carriage of factory employees should not be resorted to as a matter of routine instead by ascertaining the needs of the factories placing the subject before the Regional Transport Authorities where ever necessary. j. When once tax on prorata basis is accepted and a temporary permit issued specifying the dates/ periods, there is no provision either to refund the tax or to adjust the tax for future periods. However during the periods for which tax is paid, any number of temporary permits can be granted on surrender of previous permit. The receipt of the circular instructions should be acknowledged by return of post. Sd/- P.DAYACHARI, Transport Commissioner. 9 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No.14549/C3/98 Dated: 15-2-1999 Sub:-Establishment – Transport Department – Rotation of AMVIs/MVIs at checkposts on deputation basis – Further Instructions - Issued. Ref:-This office Circular Memo No.6/14549/C3/98, dt.21-9-98. *** The attention of the Joint Transport Commissioner and Secretary, RTA Hyderabad and all the Deputy Transport Commissioners is invited to the reference cited wherein instructions were issued to rotate the AMVIs/MVIs at checkposts once in a quarter on depuration on the basis of counseling by the competent authority. Accordingly, the Joint Transport Commissioner and Secretary, RTA, Hyderabad and all the Deputy Transport Commissioners concerned have taken action in the matter. The matter has been reviewed and it is loaded to external the term upto 31-3-1999 in case it ends before 31-3-99 to avoid dislocation of work and to have continuity luring the financial year 1998-99. All the competent authorities in their respective zones are requested to take action on the above lines. Sd/- V. MALYADRI Addl. Transport Commissioner. 10 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular memo No. 10/2597/P2/99 Dated : 20-2-1999 Sub:- Control of Pollution of Motor Vehicles – Stepping up of Pollution Check of vehicles in Municipal areas to contain Pollution – Further instructions – Issued. Ref:- This Office memo No.10507/P2/98, dated : 2-11-1998 and 9-11-1998. *** In continuation of the instructions already issued on the subject, the following instructions are issued for strict compliance. 1. a) Checking of vehicles for Pollution should concerned more and more in cities and towns. b) Emphasis should be laid on checking Transport vehicles and old vehicles c) Over emphasis need not be laid on checking of Cars and Motor Cycles, which are not very old, unless they are found visibly emitting excess smoke. Latest Cars need not be checked. d) A meeting with local T.V.Channel may be held and visual publicity be given on Television to educate the public on the ill effect of vehicle pollution and with a request to maintain their vehicles pollution free. e) All two wheelers with two-stroke engine shall be checked over a period of time compulsorily. Pollution Under Control Certificate should be insisted upon at the time of entertaining any transaction either in the Office or by the Motor Vehicle Inspectors. In further, a monthly periodical should be sent to this office before 10 th of the succeeding month in the following proforma:No of No of machines Pollution Testing Centers Petrol Diesel Licensed No. of PUC Certificates issued Heavy Four/three wheeler Two wheeler 1 4 5 6 2 3 No of VCRs prepared for productio n of PUC Certificate 7 Amount on Collected 8 The receipt of the circular memo should be acknowledged by return of post. Sd/- Dr.P.DAYACHARI, Transport Commissioner 11 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.13/2695/D1/99 Dated: 26-2-1999 Sub:- Harassment of Agriculturists owning Tractor Trailers – Certain Instructions issued – Regarding. Ref:- Circular Memo No. 1135/D1/92, dt.24-7-92. *** It has been brought to the notice of Transport Commissioner during his tours to various districts like Guntur, Krishna, East-Godavari, Visakhapatnam, etc., that agriculture tractor trailer combination being checked and the owners are put to harassment by the Executive Officers of this Department and heavy penalties and compounding fees are leaves on them. It is hereby clarified that Tractor Trailers used for Agricultural operations have to be treated differently since they have been granted tax concession under Section 9(1) of A.P.M.V.T. Act 1963. The Agricultural Tractor-Trailers are since classified as non-Transport Vehicles and hence permit and fitness Certificate are exempted. A concessional rate of tax of Rs.300/-is fixed per quarter irrespective of laden weight. In case this tax of Rs. 300/- is not paid intime keeping in view of the interest of the Agriculturists, a minimum penalty of Rs.5/- , Rs.10/- and Rs.15/- are fixed for the first, second, third month of the quarter in the case of detection or voluntary tax payment. All the District Officers are requested to appreciate the spirit of above instructions and to help Agriculturists and avoid possible harassment to them. The Enforcement Officers should not be given any scope for complaint from the Agriculturists and avoid possible harassment to them. However tax evasion in respect of the tractor-trailers used for commercial purposes shall be dealt with firmly. The receipt of the circular memo should be acknowledged by the return of post. Sd/- P.DAYACHARI, Transport Commissioner. 12 OFFICE OF THE TRANSPORT COMMISSIONER, A.P. HYDERABAD. Circular Memo No.16/675/D1/99 Dated: 11-3-99. Sub:- Motor Vehicles – Registration of new vehicles – According of permission. Ref:- This Office Circular Memos No.5878/D1/95, dated 2-3-95 and 15-11-95. *** Hitherto permission was accorded by the Transport Commissioner to register the motor vehicles (both transport and non-transport) at a place other than those mentioned in the invoice. In the D.T.C.s., conference held on 11,12/1/99 it was resolved to delegate the powers to the concerned Deputy Transport Commissioner and Secretary, R.T.A., or the Supervisory Deputy Transport Commissioner wherever applicable. As such, all the district officers are requested to take action accordingly. The receipt of the Circular Memo should be acknowledged by return of post. Sd/- C.L.N.GANDHI, FOR TRANSPORT COMMISSIONER. 13 OFFICE OF THE TRANSPORT COMMISSIONER: A.P. HYDERABAD. Circular Memo.4/49453/D1/93 Dated: 24-3-99. Sub:- Motor Vehicles – Transport Department – Reservation of Registration numbers – Certain instructions issued – Reg. *** Instances have come to notice that while allotting registration numbers through auction to the new vehicles, the registering authorities are not taking care that fair opportunity is afforded to all the prospective bidders. Instances have also come to light that certain unscrupulous elements are forming into a ‘wing’ and knocking away the fancy numbers with a minimum amount, thus adversely affecting the Government revenue. All steps may be taken to ensure that the allotment of fancy numbers is made in a more objective, rational and transparent manner so that equal opportunity is given to all the participants competing for the number. The sealed tenders system be made foolproof to put a stop to the unfair tactics of ring formation. The registering authorities are informed that if they are not satisfied with the bid amount offered in the bid, they may also go for open tender bidding and may take the highest amount. Still if they are not convinced about the fairness of the auction process they may postpone the auction and call for fresh applications giving opportunity to the earlier applicants and decide the case by following the above procedure. Since, Government revenues are involved, the registering authorities should be more careful and objective in the matter. The receipt of the circular memo shall be acknowledged by return of post. Sd/- P.Dayachari, Transport Commissioner. 14 OFFICE OF THE TRANSPORT AUTHORITY : ANDHRA PRADESH : HYDERABAD Circular Memo No.3/218/D1/99 Dated : 3-4-99 Sub:- Motor Vehicles – Vikram 3 Wheelers Diesel and Petrol Vehicles – Fixation of fare meters – Regarding. Ref:- 1. This Office Memo No.40632/D1/95, dt.18-4-1996. 2. Representation of M/s Scooters India Limited, Hyderabad. *** In the reference 2nd cited, the Asst. Manager, Scooter India Limited has requested for permission for registration of 7 seater Vikram 3 Wheelers diesel and petrol Vehicles without insisting on fare meter. The Vehicle in question is 6+1 Vikram 3 Wheelers is diesel Motor Cab. The fixation of fare meter or otherwise is to be decided by the Regional Transport Authority, Therefore, the Joint Transport Commissioner and Secretary RTA, Hyderabad and the Deputy Transport Commissioner and Secretary, Regional Transport Authorities and Regional Transport Officers are requested to take a decision by placing the matter before the Regional Transport Authorities concerned if necessary. Sd/- Dr. P.DAYACHARI, Transport Commissioner. 15 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.17/5940/C3/99 Dated : 9-4-1999 Sub:-Transport Department – Misuse of vehicles attracting higher rate of tax – Fixing of responsibility on MVIs having territorial jurisdiction – Certain instructions – Issued – Regarding. *** It is observed that leakage of revenue in the shape of tax to Government is on the increase by way of misuse of different categories of personal Vehicles / Public Service Vehicles. Such leakage is by paying lesser rate of tax and using for the purpose attracting higher rate of tax. These Vehicles include Omini buses like Tata Sumos, Commander Jeeps used as Stage Carriages and Contract Carriages, three and four wheeler motor cabs used as Stage Carriages covered by route permits and plying on unauthorised routes etc., attracting higher rate of tax under the provisions of A.P.M.V Taxation Act. Instructions were given from time to time to book cases and curb such unauthorised operations. Not much improvement is seen. Evidently, no concerted efforts have been made by Officers to curb such unauthorised operators. This is repeatedly being pointed out also by several legislature committees. In order to curb such operations and to plug leakages in the revenue and keeping in view the high revenue target fixed for the year 1999-2000 the following instructions are issued to come into force with immediate effect, fixing responsibility essentially on the Motor Vehicles having territorial jurisdiction over the area. a) Details of Vehicles which are paying less tax and used for the purpose attracting higher rate of tax should be listed MVI/AMVI jurisdiction wise in all the Districts with details like Sl. No. Registration No. of the Vehicle, Class of Vehicle, Seating Capacity, permit particulars (if any) present rate of tax and amount, route on which normally operated and lying in which MVI/AMVIs jurisdiction, rate of tax and amount because of misuse difference of tax that is likely to accrue per quarter, collection particulars etc. b) A separate DCB should be maintained by the MVI/AMVI concerned for each of these Vehicles indicating tax already paid, difference of tax collected with particulars of VCR No., date, name of checking officer, particulars of demand draft, reasons for non-collection of difference of tax etc. c) Prepare an abstract of Vehicles for which difference of tax could not be collected and MVI/AMVI responsible for such non-collection. The whole exercise is aimed at ensuring that every such Vehicle suffers tax at the higher rate atleast once in a quarter so that the Government does not loose revenue by way of such misuse. In case the MVI/AMVI having territorial in enforcing relevant provisions under both M.V. Act and A.P. Motor Vehicles Taxation Act, he should bring forth the reasons in the shape of a detailed report to the officer concerned who should in turn Contract-ordinate enforcement relating to these Vehicles at district level and if necessary at the level of supervisory Deputy Transport Commissioner of Joint Transport Commissioner (Vigilance). Any negligence in this regard either on the part of the Motor Vehicles Inspector/ Assistant Motor Vehicle Inspector having territorial jurisdiction over the area and the divisional level Regional Transport Officer and district level Officer will be viewed every seriously. Similarly, supervisory Deputy Transport Commissioner should also ensure that each Vehicle suffers tax atleast once in a quarter buy reviewing this item of work on top priority. Sd/- P.DAYACHARI, Transport Commissioner. 16 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH : HYDERABAD Memo No.14549/C3/98 Dated: 14-5-1999 Sub:-Establishment – Transport Department – Rotation of Assistant Motor Vehicle Inspectors and Motor Vehicle Inspectors at checkpost on deputation basis – Certain Instructions - Issued. Ref:- 1. This office Circular Memo No.6/14549/C3/98, dt.21-9-98. 2. This office Memo No.14549/C3/98, dt.15-2-98. *** Attention is invited to the reference first cited wherein instructions were issued to rotate the executive staff at Checkposts once in a quarter on deputation on the basis of counseling by the competent authority. Accordingly action was taken by the competent authority in the matter. In the reference second cited, instructions were issued to extend the term upto 31-3-99. All the controlling Officers are requested not to effect the rotation of staff without obtaining prior sanction of the Transport Commissioner. Sd/- Dr. P.DAYACHARI, Transport Commissioner. 17 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No.3508/N1/99 Dated : 15-6-1999 Sub:- Motor Vehicles – Goods Vehicles – Under National Permits issued by other State – Collection of composite tax of Rs.3,000/- respectively in full in advance – Regarding. Ref:- Lr.No. STA 10/NPPR 52/98-99, dt.26-2-99 from the Commissioner of Transport, Karnataka at Banglore. *** A copy of letter cited is enclosed. The J.T.C. and Secretary, RTA., Hyderabad All Deputy Transport Commissioners and Secretary, RTA as All Regional Transport Officers are requested to take necessary action for collection of composite tax in the rate of Rs.3,000/- per annam in one lumpsum in respect of Goods Vehicles covered by National Permits authorised to ply in Karnataka State for a period of one year reckoned form the date of issue of such authorisation. Sd/- P.S.N. MURTHY, For Transport Commissioner. CONTINUED ON THE NEXT PAGE…… 18 D.O.Letter No.STA 10/NPPR 52/98-99 Dated: 26-2-1999 Sub:-Motor Vehicles – Goods Vehicles under National Permits issued by other State Collection of composite tax of Rs.3,000/- respectively in full in advance – Regarding. Ref:-1. This Office letter of even No. Dt.12-6-97. 2. Govt. Notification No. HTD 25/TMT/97, Dated: 6-6-97 issued by the Government of Karnataka. 3. National Permits statements received from RTO Andhra Pradesh. 4. This Office letter No. STA 10/NPPR/52-92,93 dated 5-5-98. *** Please refer the above. The Government of Karnataka vide Notification cited under reference (2) above have ordered for collection of composite tax at the rate of Rs.3,000/- per annum in one limpsum inrespect of Goods Vehicles of your state to ply in Karnataka. The same has already been communicated directly and also through the concerned Regional Transport Officer vide reference cited at (1) above. But is has been observed from the Statements of National Permits issuing Authorities of Andhra Pradesh that they are collecting the composite tax for financial year instead of collecting composite tax of Rs.3,000/- from the date of issue in one lumpsum. In view of the amendment to sub-rule (3) of Rules 83 of CMV Rules 1989 deleting the words “ and shall expire on the 31 st of March of the year” the permit holders should pay the composite tax in advance in one lumpsum for a period of one year reckoned from the date of validity of National Permit or authorisation the same has already been communicated directly to you vide reference cited at (3) above. Even the Ministry of Surface Transport vide letter No. RT/16011/O/97-T, dated 13-11-1998 have reiterated that “the period for the permit should be reckoned on day to day basis”. The period of one year should be reckoned from the day permit is granted to operator. Hence, I request you to issue instructions to all National Permit issuing Authorities of Andhra Pradesh to collection Rs.3,000/- composite tax from National Permits holders opted to ply their Vehicles in Karnataka in one lumpsum for a period of one year reckoned from the date of issue of National Permit or authorisation. Sd/- B. Parthasarathy, Transport Commissioner of Karnataka. 19 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.20/13257/C1/9 dated : 19-06-1999 Sub : Establishment-Transport Department – Destruction of records/Registers consolidated list – Orders issued – Reg. * ** In supercession of the instructions issued earlier, the following instructions are issued on destruction of records in the offices of Transport Department. Sl.No. Description of file/Register Date of the records and Registers 1. Tour programmes 2. LLRs 6 months 1 year or till audit by A.G.Party/Annual Inspection of the offices by Joint.Transport Commssioner/Deputy Transport Commissioner whichever is later. 3. Driving Licences -do4. Conductor Certificate -do5. Renewal files of conductor certificate And Driving Licences. -do6. Fresh Registration -do7. Registration transactions like change of address Transfers of ownership, H.P.A, Alterations, etc. -do8. Grant of Temporary Permits -do9. Permits, B-Registers and other similar registers Which have been condemned after rewriting -do10. Counter Registers -do11. R.T.C.Stage Carriage Permit files -do12. Temporary Registration -do13. T.A.Bills/T.T.A.Bills -do14. L.T.C/Surrender leave files -do15. Stamp Account Register -do16. Indents for stamps and stationery forms -do17. Contingent Registers -do18. Festival Advance Registers -do19. Cash Receipt Books -do20. Increment watch registers -do21. Casual leave registers -do22. Turn duty Registers -do23. Gazettes -do24. Pdl.Registers and consolidated Pdl.Registers -do25. Attendance Registers -do26. Fair Copy Registers -do27. Record issue registers -do28. Record key registers -do29. VCRs/Books -do30. Accident Registers -do31. Files relating to goods carriages, taxi cabs Permits including renewals 1 year 32. Distribution registers 2 years 20 33. Diaries 1 year 34. Stoppage report register 2 years 35. Register of temporary permits 1 year 36. Permanent advance register 3 years 37. U.D.Pay register 3 years 38. Register for local purchase of stationery & other articles 3 years 39. Budget estimates 3 years 40. Treasury Chitta together with triplicate challans 3 years 41. Other enquiry files 3 years 42. Call books 3 years 43. Despatch Registers 3 years 44. Local delivery register 3 years 45. Seized vehicles register/VCR Register(Special) 2 years 46. Property/Permission files 3 years 47. Register of refund bills 5 years 48. Acquittance registers 5 years 49. Office order books 5 years 50. D.D.Register 5 years 51. Personal registers and run-on-note 5 years 52. Challan Registers 5 years 53. D.C.B.Registers 5 years 54. Grant of C.C.permits including variations & renewals 5 years 55. Grant of private pucca stage carriage permits including variations and renewals 10 years 56. Enquiries under CCA rules 10 years 57. Charge list 10 years 58. RTA resolutions Permanent on part with Pay bills Registers 59. Cash Books To be retained permanently. 60. Pay bill registers -do61. Treasury bills books -do62. Appointment files -do63. ACRs Till retirement. 64. Property statements -do65. Service Registers R.Dis. 66. Transfers/promotions/seniority files R.Dis. 67. Retirement and pension cases R.Dis 68. Advances/Loan files Till the loan is recovered Sd/-P.Dayachari, Transport Commissioner. 21 OFFICE OF THE TRANSPORT COMMISSIONER:: A.P::HYDERABAD Memo No.10433/D2/99 Dated: 2-8-99. Sub:- Use of LPG as fuel in the vehicles – Curbing of its use till legally permitted – Reg. Ref:- D.O.Lr.No.P-17011/69/93, MKT, dt:19-07-1999 of Addl. Secretary to Government Ministry of Petroleum & Natural Gas communicated through Government D.O.Lr. No.3760/Tr.II(1)/99-9, dated : 20-07-1999. *** Copy of the D.O. letter received from Additional Secretary to Government, Ministry of Petroleum & Natural Gas, Delhi is communicated herewith. The Jt. Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad, All Dy.Transport Commissioners and Secretary/Regional Transport Authorities and All Regional Transport Officers in the State are requested to watch the illegal use of LPG as fuel in Motor Vehicles and see that such practices are curbed immediately until it is legally permitted. The receipt of this memo may be acknowledged by return of post. Sd/- V.MALYADRI, FOR TRANSPORT COMMISSIONER. 22 STATEMENT SHOWING THE LIST OF FIRMS FOR SUPPLY OF FURNISHED ITEMS S.NO 1 Name of Firm M/s Poluar Supplying Co. 2 M/s Mumtax Supplying Co. 3 M/s Yousuf Supplying Co. 4 M/s A to Z Supplying Co. 5 M/s Fazal Supplying Co. 6 M/s Namdhari Tent House Address Sikh Village , Secendrabad Phone No.7814768 Mazamjai Market, Hyderabad Phone No.4602811 Mozzajahi Market, Hyderabad Phone No. 4610277 Jawaharlal Nehru Road, Abids, Hyderabad Phone No.4743818 James Street, Secunderabad Phone No. 7714208 Banjara Hills, Hyderabad Phone No. 3351990 // True copy // Sd/- Section Officer. OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD R.No. 12530/C1/2000 Dated : 26-8-2000 COMMUNICATED FOR INFORMATION AND NECESSARY ACTION Sd/- Ch. Satyanarayana For Transport Commissioner 23 OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD Memo No.9804/D2/99 Dated 2-8-1999 Sub:-M.V- Goods Vehicles – AP5/T-6779 – Certain irregularities – Vehicle seized – Instructions issued – Regarding. Ref:- Lr.No.3852/B3/99, dt.16-4-1999 of RTO., Vizianagaram. @@@ In the reference cited the Regional Transport Officer, Vizianagaram sought for clarification regarding collection of composite tax due to other States since the validity of authorisation expired on 30-9-1997 in respect AP5/T-6779 covered by National Permit. The Regional Transport Officer, Vizianagaram is informed that the authorisation is valid for one year. The permit holder has paid the composite tax for the 1 st half year ending i.e. upto 30-9-1997. Though the authorisation was not renewed the liability of composite tax arises for the 2nd half year, i.e. from 1-1-1997 to 31-3-1998. He is therefore requested to collect the composite tax due to other States with penalty upto 31-3-1998. Sd/- T.KRISHNA REDDY, For Transport Commissioner 24 OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD Circular Memo.No.23/9975/D2/99. Dated: 13-8-1999. Sub:- Motor Vehicles – Maxi cabs – Taxation – W.Ps filed by Contract Carriages operators for non acceptance of tax at Rs.1000/- per seat per quarter as per G.O.Ms.No.216, dt.4-12-1997- W.Ps 8456/99 and batch allowed by the High Court of Andhra Pradesh – Instructions issued – Regarding. Ref:- Judgement in W.P.No.8456/99 and batch, dt.22-6-99 communicated through Govt.Memo.No.5589/Tr.II(1)/99-2,dated : 9-7-1999. *** In the reference cited, the Hon’ble High Court of Andhra Pradesh has allowed the Writ Petition Nos.8456/99 and batch filed by Maxi Cab operators against non acceptance of tax of Rs.1,000/- per seat per quarter in respect of Maxi Cabs as per G.O.Ms.No.216, Transport, Roads & Buildings Department, dated : 4-12-1997 and issued directions to the respondents to collect tax at the rate of Rs.1,000/- per seat per quarter in respect of Maxi Cab Vehicles. A copy of the Judgement is enclosed for information. The Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad, all Deputy Transport Commissioners and Secretary, Regional Transport Authorities, all Regional Transport Officers in the State, are therefore requested to collect tax at the rate of Rs.1,000/- per seat per quarter in respect of maxi cabs. The receipt of the Circular Memo should be acknowledged by return of post. Sd/- V.MALYADRI, Transport Commissioner (FAC). IN THE HIGH COURT OF JUDICATURE : ANDHRA PRADESH AT HYDERABAD ( SPECIAL ORIGINAL JURISDICTION ) THESDAY THE TWENTY SECOND DAYOF JUNE ONE THOUSAND NINE HUNDRED AND NINETY NINE. : PRESENT : THE HOURABLE MR. JUSTICE : P.VENKATA RAMA REDDY, AND THE HOURABLE MR. JUSTICE : T.CH.SURYA RAO WRI PETITION NOS : 8456, 5295,4395,10855 OF 1999. W.P.8456 OF 1999 : Between : 1) A.Ansar Ali Khan. 2) L.Nasar Khan. 3) M.Naseeb Yavar Ali Khan. 4) S.Mohammed Yousuf. 5) P.Anjaneyulu. …. Petitioners. 25 AND 1. The Secretary, State Transport Authority, Andhra Pradesh, Hyderabad. 2. The Secretary, Regional Transport Authority, Cuddapah. 3. The Secretary, Regional Transport Authority, Chittoor. …. Respondents. Petition under article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents herein in not accepting the tax as per the Notification G.O.Ms.No.216, Transport Roads & Buildings (Tr.II) Department, dated: 4-12-1997 in respect of the Maxi Cab permits, pursuant to the orders of the State Transport Appellate Tribunal, A.P., Hyderabad in A.P.Nos.290/98, 291/98, 295/98, dt: 20-7-1998 as illegal and without jurisdiction and consequently direct the Respondents herein to accept the tax from the petitioner for issuing the Maxi Cab permits as per the Notification G.O.Ms.No.216, dt. 4-12-1997 published in the Andhra Pradesh Gazette, Part-I extraordinary dt: 12-12-1997. For the Petitioners: Mr.B.Chandra Sekhar, Advocate. For the Respondents: The Spl.G.P. for taxes. W.P.No.5295 of 1999:Between: 1. 2. 3. 4. 5. 6. Smt.P.Munni. J.Ravi Kumar. J.Krisahna . J.Appanna. J.Lakshminarayana. Smt.D.Dhanalakshmi. …. Petitioners. AND 1. Government of Andhra Pradesh Rep. By its Secretary, Transport Roads & Buildings (Tr.II) Department, Secretariat, Hyderabad. 2. Secretary, State Transport Authority, Andhra Pradesh, Hyderabad. 3. Secretary, Regional Transport Authority, Srikakulam, Srikakulam District. …. Respondents. Petition under Article 226 of the Constitution of the India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an appropriate writ, order direction, preferably one in the nature of writ of Mandamus, directing the 3rd respondent herein to accept the tax at the rate of rs.1,000/- per seat per quarter in respect of the petitioner Maxi Cab Vehicles bearing registration Nos.AP30/T-4167,AP30/T-1969,AP30/T-2637 AP30/T-576 AND AP30/T-2889, respectively as per G.O.Ms.No.216, Transport Roads & Buildings (Transport.II) Department, dated 4-12-1997 and issue tax tokens by declaring the action of the 3rd respondent in insisting upon payment of tax as per G.O.Ms.No.220, Transport Roads & Buildings (Transport.II) Department, dated 7-11-1996 as illegal, arbitrary and without jurisdiction. 26 FOR THE Petitioners: Mr.V.Narasimha Reddy, advocate. FOR THE Respondents: the Spl. G.P. for Taxes. W.P.No.4395 of 1999 : Between:1. S.Murthi Prasad. 2. S.Aruna. 3. S.Palakonda Reddy. ….. Petitioners. AND 1. Secretary, State Transport Authority, Andhra Pradesh, Hyderabad. 2. Deputy Transport Commissioner and Secretary, Regional Transport Authority, Cuddapah. ….. Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents herein in not accepting the tax as per the Notification G.O.Ms.No.216, Transport Roads & Buildings (Transport.II) Department, dated : 4-12-1997 in respect of the Maxi Cab permits, pursuant to the orders of the State Transport Appellate Tribunal, Andhra Pradesh, Hyderabad, in A.P.Nos.188/98,189/98 and 242/98, dated 20-7-1998 as illegal and without jurisdiction and consequently direct the respondents herein to accept the tax from the Petitioners for issuing the Maxi Cab Permits as per the Notification G.O.Ms.No.216, dated : 4-12-1997, published in the Andhra Pradesh Gazette, Part –I Extra-Ordinary dated 12-12-1997. For the Petitioners: Mr.Noushad Ali, Advocate. For the Respondents: The Spl.G.P. for Taxes. W.P.No.10855 of 1999: Between : 1. S.Hayath Basha, 2. S.Khader Basha. …. Petitioners. AND 1. Government of Andhra Pradesh , Rep. By its Secretary, Transport, Roads & Buildings (T.r.II) Department, Secretariat, Hyderabad. 2. Secretary, State Transport Authority, Andhra Pradesh, Hyderabad. 3. Secretary, Regional Transport Authority, Chittoor, Chittoor District. ….. Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction, preferable one in the nature of writ of Mandamus directing the 3 rd respondent 27 herein to accept the tax at the rate of rs.3,000/- per seat per quarter in respect of the petitioners Maxi Cab Vehicles operating under statewide Maxi Cab Permits, as per G.O.Ms.No.216, Transport, Roads & Buildings (Tr.II) Department, dated : 4-12-1997 and issue tax tokens by declaring the action of the 3rd respondent in insisting upon Roads & Buildings (Tr.II) Department, dated 7-11-1996 as illegal, arbitrary and without jurisdiction. For the Petitioners: Mr.V.Narasimha Reddy, Advocate. For the Respondents; the Spl. G.D. for taxes. The Court made the Common Order:PVR & TCSR JJ W..P.NoS 8456,4395 and 10855 of 1999 Oral Common Order ( per Hon’ble Justice P.Venkatarama Reddy ). The Petitioners question the action of the respondents concerned in demanding tax at the rate of Rs.2,500/- per seat per quarter as a pre-contention of the petitioners that as per the notification issued in G.O.Ms.No.216, Transport, Roads & Buildings, (Tr.-II) Department, dated : 4-12-1997, amending the First Schedule to the Andhra Pradesh Motor Vehicles Taxation Act, the correct tax payable for the maxi cab vehicles permitted to carry more than twelve passengers is Rs.1,000/- per seat per quarter. In view of the amendment of the First Schedule, the contention of the petitioners cannot be and has not been disputed by the learned Government Pleader. Obviously, the Transport Authorities have demanded tax based on the earlier notification issued under Section.3 of the Act, whereunder the rate of quarterly tax for contract carriages covered by all India Tourist Permits permitted to carry more than six passengers was prescribed at Rs.2,500/per seat per quarter and for the contract carriages plying within the home district the rate was prescribed at Rs.1,150/- per seat. With the amendment of the schedule, forming part of the Act, the said notification issued under Section.3 does not hold the field. Hence, the writ petitions are allowed and the respondents are directed to collect tax as per the amendment made to the first schedule under G.O.Ms.No.216. Transport, Roads & Buildings ( Tr.III) Department, dated : 0412-1997. No Costs. Thus Rule Nisi has been made absolute in W.P.No.s.8456 and 4395/99, 5295 and 10855/99 as above. Witness the Hon’ble Mr.M.S.Liberhan, Chief Justice on this Twenty second day of June one thousand nine hundred and ninety nine. For Asst. Registrar. 28 OFICE OF THE TRANSPORT COMMISSIONER : ANDHRAPRADESH : HYDERABAD Circular Memo No.19862/N1/98 Dated : 31-8-99 Sub:-Motor Vehicles – Goods Vehicles covered by National Permits – Collection of composite tax and Authorisation fee from National Permits holders – Regarding. Ref:- G.O.Ms.No.173, Tr. R & B (Tr.II) Department, dt.7-8-99. *** A copy of G.O. cited is communicated to all the subordinate offices. In the G.O essential difference brought about is to collect composite tax in one lumpsum for one year for which authorisation is issued instead of Transport Roads & Buildings (Tr.II) Department, dt.26-101993. (First Cited) from Registered owners of Goods Carriages covered by National Permits issued by other State authorised to ply in Andhra Pradesh. All the officers are therefore requested to communicate the G.O, to the executive staff and check posts under their control immediately with a request to collect difference of composite tax where ever due from the Vehicles entering into plying in Andhra Pradesh. The demand drafts so collected may please be sent in favour of Secretary, STA Hyderabad every month before 5 th of succeeding month till the difference of composite tax due is collected from all the National Permit covered Vehicles. A penalty of Rs.100/- per calendar month or part thereof as provided for in the G.O. may be collected if the owner fails to pay the amount before 30-9-99. A copy of the G.O. has also been communicated to all Transport Commissioners of other States to take similar action at this end. Sd/- P. DAYACHARI For Transport Commissioner. 29 OFFICE OF THE STATE TRANSPORT AUTHORITY : ANDHRA PRADESH : HYDERABAD Circular Memo No.13283/N3/99 Dated : 5-10-1999 Sub:- Motor Vehicles – Public Service Vehicles – Exemption U/s 88(8) of M.V. Act 1988 – Notification – Issued – Regarding. Ref:- Notification issued by Government of Pondicherry vide G.O.Ms.No.23/83, dt.2110-1983. *** It is brought to the notice that some of the checking Officers are seizing the Contract Carriages of Pondicherry which are covered by special Permits issued U/s 88 (8) of Motor Vehicle Act, on the ground that they are not paying the tax to Andhra Pradesh State. As per G.O.Ms.No.142/Transport, R&B (Tr.II) Department, dt.22-8-98, no tax need be paid to this State in respect of Contract Carriages Vehicles belonging to other States which have granted tax exemption to the vehicles of Andhra Pradesh State for plying in their State on Temporary Permits issued by the State under Sub-Section (8) of Section 88 of Motor Vehicle Act, 1988, where they enter this State for which Permits issued by those stated under Sub-Section (8) of Section 88 of Motor Vehicle Act. The Transport Commissioner, Pondicherry informed that their State has already issued Notification exempting the put service Vehicles of other States having Special Permits granted U/s 88(8) of Motor Vehicles Act from paying the Taxes (Copy of Notification is enclosed). The Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad, All Deputy Transport Commissioners and All Regional Transport Officers, are requested not to collect tax to Andhra Pradesh State in respect of Contract Carriages covered by Special Permits U/s 88 (8) of Motor Vehicle Act., pertaining to the vehicles of Pondicherry State. The receipt of this circular should be acknowledged by return of post. Sd/- P.S.N.MURTHY Secretary. Copy of :GOVERNMENT OF PONDICHERRY HOME (TRANSPORT) DEPARTMENT. (G.O.Ms.No.23/83, dt.21st October, 1983) NOTIFICATION In exercise of the powers conferred by Sub-Section (1) of Section 13 of the Pondicherry Motor Vehicles Taxation Act, 1967 (Act No.5 of 1967) the Lieutenant – Governor, Pondicherry hereby exempts the Public Service Vehicles of other states having special permits granted under Section 63 (6) of the Motor Vehicle Act, 1939 (Central Act IV of 1939) from the tax payable under the said Act, subject to the condition that such other States and Union Territories continue to give reciprocal exemption of tax in respect of Public Service Vehicles registered in the Union Territory of Pondicherry having special Permits granted under Section 63 (6) of the Motor Vehicles Act, 1939 (Central Act IV of 1939), to operate in such other States and Union Territories. This order issued with the concurrence of the Finance Department Vide U.O.No.30067/83/F2, dated : 19-09-1983. (BY ORDER OF THI LIEUTENANT – GOVERNOR) Sd/- XXXXXX R.BADRINATH Chief Secretary to Government 30 PROCEEDINGS OF THE TRANSPORT COMMISSIONER (I/C) ANDHRA PRADESH: HYDERABAD R.No.21028/C4/96 Dated: 18-3-2000 Sub:-Establishment – Transport Department – Re-Organisation of the post of Deputy Transport Commissioner. Vizianagaram as Deputy Transport Commissioner and Secretary, R.T.A., Srikakulam – Re-deployment of staff – Orders Issued. Ref:- 1. G.O.Ms.No.1, Tr. R&B (Tr.I) Department, dt.3-1-2000. 2. This office Memo No.21028/C4/96, dt.29-1-2000. 3. Lr.No.2292/A2/2000, dt.28-2-2000 of D.T.C., & Secretary, RTA, Srikakulam (FAC). *** ORDER: Consequent on re-organisation of the office of the Deputy Transport Commissioner, Vizianagaram as Deputy Transport Commissioner and Secretary, RTA, Srikakulam, the staff of the Office of the Deputy Transport Commissioner, Vizianagaram is re-deployed as indicated below. All the local cadre posts are retained in Regional Transport Officer’s office, Vizianagaram Head Quarters and some posts are ordered to be utilised on O.D in other districts of the zone for administration convenience as per need and work load as indicated below. Existing staff Vizianagaram pattern 1) M.V.I. FS (1) 2) A.M.V.I FS (4) 3) Superintendents (1) 4) Sr. Assistants (2) 5) Jr. Assistants (1) 6) L.D. Steno (1) 7) Typists (1) 8) Drivers (2) 9) Transport Constables (4) 10) Attenders (3) of DTC office No. of posts shifted from Vizianagaram to R.T.O. Office DTC Vizianagaram Office Srikakulam --------------1 Post 1 Post --May be 1 Post utilised on O.D 1 Post May be utilised on O.D 2 Posts 1 Post of O.D 4 Posts --3 Posts --- DTC office DTC Office Visakhapatna m 1Post 4 Posts 1 Post 1 Post ------- 1 Post on O.D 4 Posts --- Sd/- V.MALYADRI, Transport Commissioner . 31 OFFICE OF THE TRANSPORT COMMISSIONER:ANDHRA PRADESH:HYDERABAD Memo No.19862/N1/98 Dated:26-5-2000 Sub: M.Vs – G.Vs- Covered by National Permits-collection of composite tax and authorisation fee from National Permit Holders-regarding. Ref: Lr No RT/16011/6.97 dt 15-11-1998 received from Govt. Of India, Ministry of SurfaceTransport (Transport Wing) New Delhi. *** A copy of the letter received vide reference cited is enclosed. All the Transport Officers are requested to implement the same. The receipt of the same should be acknowledged at an early date. Encl: Sd/-NV Subba Rao, JTC&SSTA GOVERNMENT OF INDIA MINISTRY OF SURFACE TRANSPORT (TRANSPORT WING) No.RT-16011/6/97-T New Delhi, the 15th November, 1998 To: The Transport Secretary/Commissioner of All State/Union Territory Sir, Sub: Collection of Composite fee and Authorisation from National Permit-Holder-Regional. For quite some time past it was being brought to the notice of the Ministry that different State Governments are collecting Composite fee from the National Permit Holders and issuing Authorisation in a different manner. Besides, there was a general complaint of loss of Bank drafts submitted by National Permit Holders, in transit or non-receipt of Bank drafts in time. 2. 3. With a view to bring uniformity throughout the country the above issues were discussed in the 28 th meeting of the Transport Development Council (TDC), held on 10-1098 and it was unanimously decided that: a) the composite fee should be paid by the transport operators on annual basis in one lumpsum at the time of applying for National Permit. b) The period for the permit should be reckoned on day the permit is granted to operators. c) The State Governments may open their accounts at each RTO from where the permits are issued so that the composite fee in favour of state concerned could be deposited in their account. This would minimise the delay and the risk of non-realisation of the money due to them. d) The forms to be used for the purpose should be on a uniform pattern as per CMV Rules, 1989. e) In case there is a difference in the rates of composite fee paid by the operator and actually payable for any particular state, no fine should levied on the operator since he has paid the amount according to the demand raised on him. It is requested that the above decision taken by the TDC may be strictly implemented. Yours faithfully, (SP Gupta) Under Secretary to Govt. of India. 32 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.10415/D2/2000, Dt.17-6-2000 Sub:- Transport Department – Compounding of offences U/S.200 of MV ActInstructions issued not to collect compounding fee in cash on road – Regarding. *** At present, all the executive officers are compounding the offences under section 200 of M.V.Act in respect of offences committed by drivers under different sections of M.V.Act. Several complaints are received alleging that the executive staff are misusing these powers on the road. Keeping the above type of complaints in view, the practice of compounding of offences and collection of cash by the executive staff has been reviewed and it is decided to dispense with this practice. (a) Henceforth, the offences should be compounded either u/s.200 or u/s/86 of M.V.Act in the office of JTC, Hyderabad, DTCs and RTOs only. (b) A separate cell should be opened for this purpose duly maintaining a separate register. The impounded documents and the original VCR must be kept in the office for (7) days to facilitate the driver/owner to pay the compounding fee and then sent to the Secretary, RTA concerned. (c) To facilitate the driver/owner of the vehicle to pay the compounding fee under section 200/86 of M.V.Act, a legible duplicate copy of the VCR should be given to the driver on the spot indicating the probable amount of compounding fee and name of the office where the compounding fee has to be paid. (d) The original VCR should be sent to the office immediately by the checking officer under proper acknowledgement along with the documents impounded, if any. (e) The details of compounding amount collected in the office should be noted by the checking officer in the office copy of the VCR and make them available at the time of quarterly inspection. (f) The JTC, Hyderabad, all DTCs and RTOs should ensure that the original VCRs received in the respective officers in respect of vehicles of other districts are despatched under RPAD promptly for further action (g) In respect of vehicles belonging to other States, the original copy of VCR and impounded documents should be immediately sent to the office. (h) These instructions of not collecting compounding fee in cash by the executive staff also apply to the executive staff working in the check posts. They should not accept hereafter any cash towards tax for STLs. They should accept only DDs. However, they can accept fee in cash towards temporary permits. These instructions will come into effect from 1-7-2000 The receipt of this circular memo should be acknowledged by return of post Sd/- V.MALYADRI Transport Commissioner. 33 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No. /D2/2000 Dated 23-6-2000 Sub:-Rates of Tax to be levied on idle vehicles misused as stage carriages- Clarification sought for – Instructions issued – Regarding. *** During the recent DTCs conference, a clarification was sought about rate of tax to be made applicable in respect of idle vehicles misused as stage carriages during the currency of temporary permits and tax at stage carriage rate is already collected for such use. The matter has been examined. The following clarification and instructions are given to come into force with immediate effect. (a) Occasions to collect quarterly tax either as a stage carriage or as a contract carriage on idle vehicles arise when the vehicle is already covered by a temporary permit duly paying prorata tax and misused as stage carriage during the currency of temporary permit/ Such occasion may also arise when the vehicle is not covered by any temporary permit and no payment of tax, and misused either as a stage carriage or as a contract carriage without permit. (b) In both scenarios, tax for the entire quarter at the rate applicable for ordinary or express stage carriage or tax as a contract carriage at the rates applicable to home district and any one contiguous district or tax at Rs.2,500/- applicable to other types of contract carriages namely home district and more than one contiguous district, state wide permit or All India Tourist permit is attracted. (c) It is possible that after misuse of the nature mentioned above, the registered owner will approach the office for grant of temporary permits requiring payment prorata tax. (d) In such cases, the licensing officers should collect prorata tax due at the time of applying for every temporary permit notwithstanding the fact that he has already paid tax for the entire quarter on direction at the rates mentioned against item (a) and (b). (e) At the end of the quarter, the total tax paid both by way of detection and by way of payment of tax on prorata basis should not exceed Rs.2, 500/- also. In this scenario, the tax content will be the quarterly tax already paid because of detection plus the amount of prorata tax paid at the time of issuing temporary permits during the quarter subsequent to detection (f) A copy of the Judgement of Hon’ble High Court of A.P. in W.P.No.15721/99 Dt.29.12.99 is enclosed for information. The receipt of the circular memo should be acknowledged by return of post. Sd/- V.MALYADRI Transport Commissioner. 34 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.9/10250/D1/2000 Dated : 23-6-2000 Sub:- Motor Vehicles – Three Wheeled Auto Rickshaws having seating capacity of Seven in all – Certain Structural Changes – Orders – Regarding. *** I t is observed that three wheeled motor cabs having a seating capacity of 7 in all are increasingly seen on the roads of the State. These vehicles are mostly misused as from booking cases of their misuse as Stage Carriages, it is felt that there is need to insist upon certain modifications in the body of these vehicles. There are: (a) Closing the Space available on the left side of the driver with a fixed grill on both sides. This is necessary keeping inview the fact that drivers are using this space to carry three to four persons fixing a box stating that it is meant to keep the tool kit. Very often, a cushion is also arranged on top of this so-called toolbox. (b) The right side part of the passengers’ cabin where an entrance is provided should also be closed with a permanent grill totally preventing any passenger to enter into the passengers’ cabin from the right side of the vehicle. (c) A door with a lever and windows should also be fixed on the left side of the passengers’ cabin with sliding glasses or a grill to prevent passengers from falling down. All the officers are therefore requested to ensure that these vehicles comply with the above mentioned modifications at the time of new registration. Action also should be taken to issue instructions to the field executives to ensure that such modifications are made when they are produced for renewal of fitness certificates. They should also ensure that the above instructions are made applicable by field staff in respect of vehicles plying on the road. The receipt of the circular memo should be acknowledged by return of post. Sd/- V.MALYADRI Transport Commissioner (FAC) 35 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD. Circular Memo No. 10415/D1/2000 Dated : 27-6-2000 Sub:- Transport Department – Compounding of offences under Section 200 of Motor Vehicles Act – Instructions issued not to collect compounding fee on roads – Certain modifications – Regarding. Ref:- Circular Memo No. 10415/D2/2000, dt.17-6-2000 to all the Subordinate officers. *** The attention of all the district officers is invited to the circular memo cited, wherein instructions were issued to collect compounding fee under Section 200 of Motor Vehicles Act, only at Regional Transport Officers and Deputy Transport Commissioners offices. Several representations are received stating that such arrangements would cause lot of inconvenience to the drivers and owners of the vehicles in going to far off places from the places from the place of check to pay the compounding fee. The matter has been examined. Since the intention of changing the system of collection of compounding fee is to bring about transparency by not collecting the same at the places of check on road, the circular is modified to the extent of permitting collection of compounding fee in all the units of functioning of the Department, namely, all Unit Offices,. All Motor Vehicle Inspectors offices and all Checkposts also in addition to Regional Transport Officers and Deputy Transport Commissioners Offices. This modification to the circular instructions may please be noted for compliance. Sd/- V.MALYADRI. Transport Commissioner (FAC) 36 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.5424/D1/2000 Dated : 4-7-2000 Sub:- Motor Vehicles – Violation of permit conditions – Seizure – Release of vehicle Instructions – Issued. Ref:- Judgement in W.P.No.26065 and batch dated : 28-1-2000 of the High Court of Andhra Pradesh, Hyderabad. *** It has been brought to the notice that vehicles seized under Section.207 of the Motor Vehicles Act, 1988, like contract carriage plying as Stage Carriages, are not being released promptly even after receiving court orders in some cases. The Hon’ble High Court of Andhra Pradesh in its Judgement issued in W.Ps 26065 and batch, dated: 28-1-2000, has expressed its views on detention and release of vehicles allegedly indulged in unauthorized plying (copy of the operative part of the Judgement enclosed). In the light of the views expressed by the Hon’ble High Court of Andhra Pradesh, following instructions are issued on release of vehicles detained for unauthorized plying for strict compliance. 1. Vehicles plying in violation of the conditions of permit can be seized under Section 207 of the Motor Vehicles Act, 1988. Provisions of Section 8 of the Andhra Pradesh Motor Vehicle Taxation Act, 1963 shall be invoked only for the vehicle plying without payment of any tax for seizure. 2. The vehicles so seized cannot be detained until the completion of enquiry and payment of tax demanded. 3. The vehicles seized under Section 207 of Motor Vehicles Act shall not be detained for unduly long period and released stipulating the conditions indicated by the Hon’ble High Court of Andhra Pradesh. 4. Demand for estimated tax and furnishing security should not be made conditions for release of the vehicles detained. 5. In exceptional cases, when there is apprehension that the vehicle will not be available for taking further action, the competent authority can withhold release of the vehicle or impose conditions for release other than the payment of tax demanded in writing. The Joint Transport Commissioner, Hyderabad, all Deputy Transport Commissioners and all Regional Transport Officers are requested to keep the above instructions in mind while taking action for release of vehicles detained. Sd/-V.MALYADRI Transport Commissioner (FAC). 37 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No.11993/D2/99 Dated : 17-8-2000 Sub:- Motor Vehicle Taxation Act – Concessional rate of tax extended to other State AIT vehicles in G.O.Ms.No.106, dt.1-7-95- Withdrawn in G.O.Ms.No.83, dt.5-62000 – WP Nos,10228/2000 & batch dismissed in the H.C of A.P- Restoration of G.O.Ms.No. 83, dt.5-6-2000 – Intimation – Regarding. Ref:-1. G.O.Ms.No.106/Tr.R & B (Tr.II) Dept, dt.1-7-95. 2. G.O.Ms.No.83/Tr. R & B (Tr.II) Dept, dt 5-6-2000. 3. This office telegram dt.30-6-2000. 4. Lr.No.WP.No.10228/2000/MR/Taxes dt.3-8-2000, From G.P for Taxes, H.C of A.P. *** In the reference 1st cited, Government have issued orders extending concessional rate of tax of Rs.12,000/- in respect of other State Contract Carriages to ply in A.P under the scheme of AIT permits for Tourist Transport Operators Rules 1993. Subsequently when it was found that the scheme was being misused, Government of A.P. in the reference 2nd cited have withdrawn the concessional rate of tax extended to the other State AIT Transport Operators. Aggrieved by this order, several AIT operators filed Writ Petitions in the High Court of Andhra Pradesh questioning the legality of the said G.O. The Hon’ble High Court of Andhra Pradesh granted stay orders against implementation of the G.O.Ms.No.82/Tr.R & B (Tr.II) Department, dt.5-6-2000 in which, the concessional rate of tax was withdrawn. Hence in the reference 3rd cited telegraphic instructions were issued to all the officers to allow the AIT Transport Operators to ply in A.P provided they have paid tax as per G.O.Ms.No.106, dt.1-7-95 until further orders. In the reference 4th cited, the Government Pleader for taxes intimated that the W.P.No.10228/2000 & batch questioning the legality of the G.O.Ms.No.83, dt.5-6-2000 were dismissed and the said G.O will come into force w.e.f 1-7-2000. Therefore, the Tourist Transport Operators are liable for payment of full quarterly tax as such the petitioners have to pay the balance of tax payable for the Q.E.30-9-2000. The attention of Joint Transport Commissioner, Hyderabad, all the Deputy Transport Commissioners, all the Regional Transport Officers in the State is drawn to the Judgement rendered by the Hon’ble High Court in the matter and requested to implement the same and issue instructions to the executive staff in their jurisdiction to collect the balance amount payable for the Q.E.30-9-2000. The receipt of this memo should be acknowledged by return of post. Sd/- V.MALYADRI. Transport Commissioner. 38 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Memo No. 12655/V3/2000 Dated : 18-8-2000 Sub:- Commercial Tax Department – Need for better co-ordination between Commercial Taxes Department and Transport Department – Regarding. Ref:- Lr. No. J.D(CT) (Enf), Rc.No. B3/1204/2000 Dated : 8-8-2000. During the meeting held on 8-8-2000 at 3.00 P.M. in the Office of the Commissioner, Commercial Tax Office, Hyderabad to discuss the areas of co-operation between the Commercial Taxes Department and Transport Department, it has been decided to organize combined checks on the Contract Carriage Buses carrying goods and on Transport companies to verify the goods with reference to bills. Therefore the Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad all the Deputy Transport Commissioner and Secretary, Regional Transport Authorities and Regional Transport Officers are requested to co-operate with the Commercial Tax staff in this regard. Sd/- T.KRISHNA REDDY For Transport Commissioner 39 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Memo No. 9171/K1/2000 Dated : 26-8-2000 Sub:-Road Accidents - Private Service Bus TMV 3459 fallen in to Nagarjuna Sagar left canal near Gollagudem (V) Khammam Dist. On 20-5-96 – Death of 9 persons and several injured magisterial inquiries conducted - Certain steps to be taken to avert accidents – Instructions issued – Regarding. Ref:- Govt. Memo No.1820/Tr.II (1)/2000-1. Dated 3-3-2000. *** The attention of the Joint Transport Commissioner, Hyderabad, all Deputy Transport Commissioners and all Regional Transport Officers is invited to the reference cited (copy enclosed) wherein Government have issued certain guide-lines to be followed to avert accidents. These instructions are issued keeping in view the accident caused to a private bus Reg.No.TMV 4359 on 20-5-96 which had fallen into Nagarjuna Sagar left canal near Gollagudem, Khammam Dist., resulting in the death of 9 persons and injuries to several others. Therefore, all the offices are requested to follow the instructions. The receipt of the memo is to be acknowledged by return of post. ------- Sd/- V.MALYADRI Transport Commissioner. ---------------------GOVERNMENT OF ANDHRA PRADESH TRANSPORT ROADS & BUILDINGS (TR.II) DEPARTMENT Memo No. 1820/Tr.II(1)/2000-1 Dated : 3-3-2000 Sub:-Road Accidents – Private Service Bus TMV 3459 fallen into NS left Canal near Gollagudem (V) Khammam Dist. On 20-5-96 – Death of 9 persons and several injured – Magisterial Inquiry conducted - Certain Steps to be taken to avert accidents- Instructions – Issued. Ref:- U.O. Note No.54613/L&O.I/98-3.G.A.(L&O-I) Department , dt. 22-1-2000. *** It is brought to the notice of Government that the Private Service Bus TMV 3459 fallen into NS left Canal near Gollagudem (V) Khammam Dist. Causing the death of 9 persons and injure has to several passengers. It has been observed from the Magisterial Inquiry Report over the incident that negligent and rash driving is the cause of the mishap. There was no mechanical failure in the incident. The Bus was over crowded with 100 passengers. The Bus was also plying on unauthorized route. 2. In order to arrest such accidents in future, the following measures are suggested:1. Conduct daily checks, surprise checks on the vehicles currying passengers illegally and book cases for the lapses caused by imposing penalties. 2. Introduce speed lock system for each and every private vehicle by the RTA concerned as in the case of RTC buses (one cannot control the speed of vehicle) : and 3. Check the vehicle daily to curb over loading and speed and impose major penalties. The Transport Commissioner, Andhra Pradesh, Hyderabad is therefore requested to take necessary action to instruct the concerned to comply strictly with the above suggestions and send compliance report. JANAKI R KONDAPI SECRETARY TO GOVERNMENT. 40 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.13146/E1/2000 Dated : 28-8-2000 Sub:- Meetings – RTA Meetings – Avoidance of delay in communication of RTA resolutions - Implementation of provisions of sub-rule(2) and sub-rule(4) of Rule192 of A.P.M.V.Rules, 1989 – Instructions – Issued. Ref:- Letter No.NIL dt.17-8-2000 received from the Government Pleader for Transport , High Court of A.P., Hyderabad . *** In the reference cited, the Government Pleader for Transport, High Court of Andhra Pradesh has brought to the notice of Transport Commissioner that there are delays in communication of the resolutions passed by the Regional Transport Authorities to the parties concerned. He also observed inaction on the part of the authorities even for obtaining the signatures of the members of Regional Transport Authorities, which will have adverse effect against the Department. In view of the observation made by the Government Pleader, all the Secretaries, Regional Transport Authority are requested to follow the following instructions to ensure that the resolutions of the Regional Transport Authorities are communicated promptly to the concerned and for the implementation of provisions of Sub-rule (2) and (4) of Rule 192 of A.P Motor Vehicle Rules, 1989. 1. The Regional Transport Authority resolutions should be got approved by the members on the same day of the meeting or at the most the next day. 2. The resolutions approved by the members’ should be communicated to the concerned with in (3) days under acknowledgement. 3. The Secretary, Regional Transport Authority should issue permits consequent to the grant immediately on production of valid records relating to the vehicle as laid down under sub-rule (1) of Rules 192. 4. If the grantee is unable to produce valid records immediately and produce records within the (4) months time granted under sub-rule (2) of Rule 192, permit should be issued without any delay. Where the grantee has neither produced valid records within (4) months nor applied for extension of time, action should be taken for revocation of the grant under sub-rule (4) of Rule 192. 5. If any grantee does not produce valid records within (4) months and makes an application within (4) months time for extension of time, action shall be taken under the provisions of sub-rule (2) of Rule 192 to grants further extension of time not exceeding (4) months and issue permit on production of valid records within the extended period without any delay. 6. If any grantee fails to produce records even within the extended period of (4) months as per provision to sub-rule (2) of Rule 192, action should be taken to revoke the grant under sub-rule (4) of Rule 192. All the Secretaries, Regional Transport Authority, are requested to follow the above instructions strictly. The receipt of the circular should be acknowledged. Sd/- N.V.Subba Rao, For Transport Commissioner. 41 OFFICE OF THE TRANSPORT COMMISSIONER : A.P : HYDERABAD. Circular Memo.No. 5119/C4/2000 Dated 2-9-2000 Sub:-Establishment – Transport Department – Implementation of orders of A.P.A.T./High Court of A.P., and attending the court cases promptly – Certain instructions – Issued. *** Instances have come to notice that several staff members of the department and other private parties are obtaining directions/orders to consider their cases as directed by the Hon’ble courts. It is observed that such orders are not being implemented by the petitioners, as a result of which the petitioners are forced to approach the court either by filling contempt or by seeking further orders for implementation of the court orders. The Hon’ble High Court felt in a recent case that the petitioners itself is bad. It is also noticed that the officers concerned are not promptly responding to the Government Pleaders’ office whenever certain files or information is called for. Therefore, all the subordinate officers are requested to act immediately whenever any message comes from the Government pleader’s office and ensure that the orders of Andhra Pradesh Administrative Tribunal/ High Court are implemented and result of action communicated to the petitioner. The receipt of the circular memo should be acknowledged by return of post. Sd/- V.MALYADRI, Transport Commissioner . 42 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No. 12413/F3/2000 Dated 4-9-2000 Sub:- Establishment – Transport Department – Purchase of Cash Chest for the Checkposts – Permission Accorded by Government – Orders – Communicated – Reg. Ref:- G.O.Rt.No.639, Transport, Roads & Buildings (Transport .I) Department, dated : 19-8-2000. *** A copy of the G.O. cited is communicated herewith to the marginally noted Officers and they are requested to purchase Cash Chests, if required for the Checkposts under their control from the Budget available under 050/056- Office Expenses under intimation to the Transport Commissioner’s Office. Sd/- V.MALYADRI, Transport Commissioner (FAC). 43 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No. 12797/V1/2000 Dated : 6-9-2000 Sub:- Motor Vehicles – Arrears of Tax due recovery by the auction of vehicles – Further Instructions – Issued – Regarding. Ref:- This office Circular Memo No.36776/V1/88 ï‚· dated : 12-4-90. ** In the reference cited, while prescribing a proforma, all the Unit Officers were requested to send their proposals for confirmation of the Auction by the Transport Commissioner. The matter has been examined afresh. It is observed that in a majority of cases the amount realised by way of auction under the R.R. Act i.e., higher that, what is due to the Government, and sending such cases for approval of the Transport Commissioner, is delaying the process of realization of amount and handing over of the vehicles to the higher bidder. It is therefore, decided to delegate these powers to the Joint Transport Commissioner, Hyderabad and Deputy Transport Commissioners in the districts. Accordingly, the powers are hereby delegated to the Joint Transport Commissioner, Hyderabad and all the Deputy Transport Commissioners concerned for confirmation of the auction sale price of the vehicles auctioned under their jurisdiction. Therefore, all the Unit Officers are requested to send their proposals for confirmation of auction hereafter to the Joint Transport Commissioner, Hyderabad / Deputy Transport Commissioners concerned. The Joint Transport Commissioner, Hyderabad and all the Deputy Transport Commissioners are requested to take necessary action in this regard, as per the existing rules. The receipt of this circular memo should be acknowledged by return of post. Sd/- V.MALYADRI Transport Commissioner (FAC) 44 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.7569/V2/2000 Dated : 20-9-2000 Sub:- Transport Department – All India Tourist Buses plying as Express Stage Carriages -Collection of difference of tax - Certain Instructions – Issued – Regarding. Ref:- 1. G.O.Ms.No.106/Tr.R&B (Tr,II) Department, 1-7-1995. 2. G.O.Ms.No.83/Tr.R&B (Tr.II) Department, dated 5-6-2000. 3.This Office Memo No. 11993/D2/97, dated 17-8-2000. *** The attention of the Joint Transport Commissioner, Hyderabad, all Deputy Transport Commissioners and Regional Transport Officers is invited to the reference 3rd cited. They are informed that the other State Contract Carriages covered by All India Tourist permits have plied in Andhra Pradesh State during the month of July and August, 2000 after paying concessional rate of Tax of Rs. 12,000/- in pursuance of G.O 1st cited. This concessional rate was withdrawn in G.O 2nd cited with effect from 1-7-2000. This was questioned by the operators by filing W.P.No.10223/2000 and batch. The W.P was dismissed by the Hon’ble High Court. Therefore the Tourist Transport Operators are liable to pay full quarterly tax as per Notification. The Joint Transport Commissioner Hyderabad all Deputy Transport Commissioners and Regional Transport Officers are requested to immoderately instruct the Executive Staff under their control and particularly those working at Checkposts to collect the difference of tax in respect of other State vehicles for the Quarter Ending 30-9-2000 and report compliance. Sd/- V.MALYADRI Transport Commissioner (FAC) 45 OFFICE OF THE TRANSPORT COMMISSIONER No.1223/C.P/2000 – 21 CP/2000 : UTTARPRADESH : Dated 15-9-2000 To Transport Commissioner, A.P, Hyderabad. Sub:- Revised provisions for collection of composite fee etc. payable to the State of Uttar Pradesh. *** Sir, Kindly refer to this office Ir.No.173/CP/97, dt.22nd October, 1997 wherein it was requested that all drafts shall be collected at the tax collection centers established at the State Borders. 2. The Government of Utter Pradesh has again reiterated that Bank drafts for composite fee for vehicle covered under authorisation certificate issued by Transport Authorities as well as Bank Drafts for temporary permits of Goods and Passenger vehicles shall be collected only at tax collection centers established at Uttar Pradesh Borders. Government of Uttar Pradesh has also decided to make it compulsory with effect from October 1, 2000 for truck operators/vehicle owners to deposit Bank Drafts regarding composite fee for National Permit/Bank Drafts for temporary permits of goods and passenger vehicles at said entering Tax collection centers. Your subordinate offices may accordingly be directed not to accept demand drafts after 30-9-2000. I request and sincerely hope that you will kindly issue necessary instructions to the concerned authorities of your State that while issuing national permits/temporary permits for the State of Uttar Pradesh, the taxes of this state should be submitted through Bank Drafts drawn preferably on the Bank of Baroda, Lucknow and that Bank Drafts after due endorsement of their amount and number on above mentioned permits/authorisation certificates, should be returned to truck operators/permit holders for depositing the same at said Tax Collection Centers. I also request you to give extensive publicity to these provisions in your State in order to make truck operators/vehicle owners well informed and well aware. They should be informed that such vehicles will not be allowed to enter the State if they fail to deposit the required fees and taxes at the tax collection centers established at the borders of the State. This will be strictly enforced from 1st Oct.2000. Yours faithfully, Sd/- Prem Narayana, TC, Uttar Pradesh. OFFICE OF THE STATE TRANAPORT AUTHORITY: ANDHRA PRADESH: HYDERABAD Endt. No. 16714/B3/2000 Dt.25-9-2000 Communicated for taking necessary action. Sd/- N.V.Subba Rao, Secretary. 46 OFFICE OF THE TRANSPORT COMMISSIONER ANDHRA PRADESH. HYDERABAD Office Order No. /16879/C1/2000 Dated : 27-9-2000. Sub:-Establishment – Transport Department – Office of the Transport Commissioner, Andhra Pradesh, Hyderabad – Formation ‘I’ Section to deal with Information Technology – Office order – Issued *** It is decided to create a separate Section in Transport Commissioner’s Office to look after the work relating to computerization and related activities of ‘F A S T ‘ project with one Superintendent and 6 staff members. The following office order is issued to come into force with immediate effect. The new Section created is ‘I’ Section. Superintendent: Sri. R.jagdeshwar. Staff Members : 1. Sri. L. Ashok Kumar, Senior Assistant 2. Sri. M.S.R.Murthy, Senior Assistant 3. Sri. S.Madhusudhan, D.P.O. 4. Sri. P.Venkateswara Reddy, D.P.O. 5. Smt. B.Sunitha, Junior Assistant 6. Kum. K.Rajani, Junior Assistant : : : : : : ‘I’-1 ‘I’-2 ‘I’-3 ‘I’-4 ‘I’-5 ‘I’-6 The work distribution will be as follows: ‘I’-1 : Assistant: Policy formation and Planning wing work relating to REF, TWINS, DATA collection, Backlog Data Entry Etc. ‘I’-2 : Infrastructure Wing : Work relating to site preparation and infrastructure in pilot sites and 34 FAST sites, net working consumables, Leased lines, SKIMS. ‘I’-3 : Software Wing: All work relating to Software problems, MIS – Reports., SRS. ‘I’-4 : Hardware Wing: Hardware, its requirements, Polaroid equipment. ‘I’-5 : HRD Wing: Work related to Training. ‘I’-6 : Administration Wing: Payments, Customer status reports. File management system and Web. All the files in ‘P’ Section relating to computerization be transferred to the ‘I’ Section. All the ‘I’ Section Files, shall be circulated to Transport Commissioner, through Superintendent, Deputy Transport Commissioner (Information Technology) and Joint Transport Commissioner (Planning). Sd/- T. Krishna Reddy, For Transport Commissioner. 47 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.16680/D2/2000 Dated 30-9-2000 Sub:- Motor Vehicles – Private Service Vehicles – Vehicles belonging to Educational Institutions – Issue of permit – Certain instructions – Regarding. Ref:- Motor Vehicles (Amendment) Act, 2000 in R.No.27 of 2000 Dated : 14-8-2000. *** According to sub Section (3) Clause (h) of Section 66 of Motor Vehicles Act, 1988, any Transport Vehicle owned by and used solely for the purpose of any Educational Institutions which is recognized by the Central or State Government or whose Managing Committee is a Society registered under the Societies Registration Act 1860 (21 of 1860) of under any law corresponding to that Act in force in any part of India are exempted from obtaining of permit. The Government of India in the reference cited, while making certain amendments to the Motor Vehicles Act 1988 have issued amendment to Section 66 and omitted the provision of Sub Section 3 Clause (h) (copy of the reference enclosed). In view of the omission made by the Government of India to the Sub Section 3 Clause (h) of Section 66 Motor Vehicle Act the following instructions are issued. 1. Permit shall be issued to every Transport vehicle owned by and used solely for the purpose of any educational institution; 2. The application for issue of a permit shall be made in format of Form P.T.V.A. after payment of necessary fee prescribed in Andhra Pradesh Motor Vehicles Rules in respect of private service vehicles till such time amendment to Andhra Pradesh Motor Vehicle Rules is brought out. 3. The permit shall be issued in the format of Form P.T.V.A. 4. A trip sheet in the format prescribed under rule 267 of Andhra Pradesh Motor Vehicles Rules,1989 shall be insisted. 5. The general conditions prescribed under Section 84 of Motor Vehicles Act, 1988 shall apply. 6. The conduct and duties of drivers of Educational Institutions vehicles shall be consistent with those of the provisions listed under Rule 31 and 33 of Andhra Pradesh Motor Vehicles Rules 1989, wherever applicable. The Joint Transport Commissioner, Hyderabad, all Deputy Transport Commissioners and Regional Transport Officers are requested to follow the above instructions scrupulously. The receipt of the circular should be acknowledged by return of post. Sd/- V.MALYADRI Transport Commissioner (FAC) 48 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No 16226/D2/2000 Dated : 3-10-2000 Sub:- Motor Vehicles – Andhra Pradesh Motor Vehicles Taxation Act – Collection of tax in respect of All India Tourist Vehicles of Other States – Issue of certain instructions – Regarding. Ref:-1. This Office Circular Memo no. 27/12394/ 96, Dated: 6-7-1996 2. Judgement in W.P.No. 30359/97 and batch dated : 13-2-1998. *** In the reference 1st cited, certain instructions issued regarding collection of tax in respect of contract carriage Motor Vehicles Act issued by other State and not covered by authorization to ply in Andhra Pradesh State intending to tour or transit through Andhra Pradesh State for short periods of seven days or less keeping in view of the terms notified in G.O.Ms.No.142, Transport, Roads & Buildings (Transport .II) Department, dated 22-8-1995. Some of the All India Tourist Operations filed W.Ps in the Hon’ble High Court of Andhra Pradesh against non-acceptance of tax in respect of All India Tourist Vehicles covered by authorisation to ply in Andhra Pradesh State for 7 days as per G.O.Ms.No. 142, Transport R & B (Transport .II) Department, dated 22-8-1995 and the Hon’ble High Court of Andhra Pradesh in its Judgement in W.P.No30359/97 directed to accept tax in terms of G.O.Ms.No. 142/Transport R & B (Tr.II) Department, dated 22-8-95. In view of the directions of the Hon’ble High Court of Andhra Pradesh in its Judgement in W.P.No. 30359/97 and in supercession of the earlier circular memo issued in the reference 1st cited, the following revised instructions are issued. All the Licensing Officers should collect tax in respect of other State Contract Carriages covered by permits issued under Section 88(8) and 88(9) intending to tour or transit through Andhra Pradesh for a period of one week or less whether the vehicles are covered by authorization of that the State rates prescribed in G.O.Ms.No.142 Transport Roads & Buildings (Transport .II) Department, dated : 22-8-95 All the Licensing Officers are requested to follow the above instruction scrupulously. The receipt of the circular shall be acknowledged by return of post. Sd/- V.MALYADRI Transport Commissioner (FAC) 49 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.17152/D1/92 Dated : 18-10-2000 Sub:- Motor Vehicle – Conversion of Taxi Cab into private car – Certain instructions – Regarding. Ref:-1.Cir.Memo No.18277/D1/92, Dt.25-2-1995. 2.Cir.Memo No. 18277/D1/92, Dt2-3-1995. *** Of late, complaints are received about increasing number of cars registered as luxury motor cabs but using them as private cars. In the result, the registered owners are avoiding payment of life tax. The information is that by registering the vehicles as motor cabs, the registered owners are also availing concession in excise duty. The Joint Transport Commissioner, Hyderabad, all Deputy Transport Commissioners and Regional Transport Officers are therefore, requested to initiate immediate action on the following lines to curb such registration:(a) List out all the vehicles registered as motor cabs and using them as private cars evading payment of life tax. (b) Launch special drive and book cases with supporting evidence to prove that they are not plying for hire but using as private cars. (c) Ensure that all such motor cabs are converted as cars immediately. In all such cases, the tax that has already been paid as motor cab till the date of conversion as car may be deducted from the life tax assessed based on the original invoice price and collect difference of tax. This is in line with the circular issued in the reference 1st cited, a copy of which is enclosed for ready reference. In the result circular Memo issued in the reference 2 nd cited stands cancelled. This item of work will be reviewed during visits of Senior Officers to the district offices in details. The receipt of the circular memo should be acknowledged by return of post. Sd/- V.MALYADRI Transport Commissioner (FAC) 50 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.15163/D1/2000 Dated : 3- 10- 2000 Sub:- Implementation of provision of Rule 104 (Fitment of reflectors) of Central Motor Vehicles Rules, 1989 – Regarding. Ref:- Letter No. 11017/15/2000 –MVL, dated 2-8-2000 received from Government of India, Ministry of Surface Transport, New Delhi. *** According to the provision under Sub Rule (1) of Rule 104 of Central Motor Vehicles Rules, 1989, a reflective tape or reflective paints of not less than 20 mm width running across the width of the body shall be affixed at the front and rear side of every goods carriage. In the reference cited, the Ministry of Surface Transport have also observed that large number of Road Accidents are occurring in the country in the absence of proper illumination/reflection of the rear side of the vehicle during night and requested to take necessary action regarding implementation of the provision of Rule in the interest of overall Road safety. The Joint Transport Commissioner, Hyderabad, all Deputy Transport Commissioners and Regional Transport Officers are therefore requested to take necessary action and see that the provisions of Rule 104 of Central Motor Vehicles Rules, 1989 are strictly implemented in the interest of overall road safety. The receipt of the memo shall be acknowledged by return of post. Sd/- V.MALYADRI Transport Commissioner (FAC) 51 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.16888/C4/2000 Dated 18.10.2000 Sub:-Establishment – Transport Department – Representation of Andhra Pradesh Transport Department Gazetted Officers Association – Change of nomenclature in lieu of Assistant Secretary – Regarding. Ref:-Representation dt. of A.P.T.D. Gazetted Officers Association. @@@ The Transport Department Gazetted Officers Association has represented that the Regional Transport Officers are very often designated as Assistant Secretaries in the correspondence, circulars, etc., emanating from T.C’s Office and from other offices. It is represented in this connection that such depiction is not correct since they discharge many other functions under the M.V.Act, and A.P. Motor Vehicle Taxation Act like issue of Driving Licences, Conductor’s Certificate, Registration of Vehicles, collection of taxes etc., in their capacity as Licensing Authority, Registration Authority, etc. Discharging functions as Assistant Secretary, Regional Transport Authority is only one such function and therefore depicting them as Assistant Secretaries does not truly reflect the functioning of the cadre of Regional Transport Officers. Therefore they have represented that in future, they may be depicted as Regional Transport Officers. Representation of the Association is examined in detail. Under the M.V.Act Regional Transport Officers functioning as the Secretary, RTA., or Assistant Secretary, Regional Transport Authority or State Transport Authority issue Permits to different categories of Vehicles and this is only a part of the duties discharging by them. There are many other functions like administration, looking of accounts, inspections etc. apart from the functions discharged by them on the lines mentioned above. Depicting them as Assistant Secretaries does not reflect their total job responsibility as RTOs. Therefore the Additional Transport Commissioner, all Joint Transport Commissioners, all Deputy Transport Commissioners are therefore requested not to use the designation of Regional Transport Officers as Assistant Secretaries but only use their cadre namely, RTOs in the entire future correspondence, circulars, letters, etc. Sd/- V. MALYADRI TRANSPORT COMMISSIONER (FAC) 52 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No. 4161/V2/2000 Dated : 19-10-2000 Sub:- Road Accidents – Private Service Bus TMV – 3459 Fallen in to NS Left Canal Near Gollagudem (V) Khammam Dist on 20-5-96 – Death of 9 persons and several injured –Magisterial Enquiry conducted – Certain steps to be taken to avert accidents – Instructions – Issued – Regarding. Ref:-Govt.Memo.No.1820/Tr.II/(1)/2000-1, dt.3-3-2000 received from Secretary to Govt. Tr. R&B Department . *** In the reference cited Government have issued the following suggestions in order to arrest accidents. 1.Conduct daily checks, surprise checks on the vehicles currying passengers illegally and look cases for the lapses caused by imposing penalties. 2.Introduce speed lock system for every private vehicle as in the case of Road Transport Corporation Buses. 3.Check the vehicle daily to curb over loading and speed and impose major penalties. Therefore, the Joint Transport Commissioner, Hyderabad, all the Deputy Transport Commissioners and Regional Transport Officers are requested to see that the above suggestions are followed scrupulously. The receipt of the same may kindly be acknowledged. Sd./- V.MALYADRI Transport Commissioner (FAC) 53 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No.21028/C4/96 Dated : 29-10-2000 Sub:- Establishment – Transport Department – Reorganization of the posts of Dy. Transport Commissioner – Implementation – Regarding. Ref:- G.O. Ms No.1, Tr. R&B(Tr.I)Department , dated 3-1-2000. *** All the Deputy Transport Commissioners are informed that Government in the G.O cited (Copy enclosed) have accorded permission for adopting the revised pattern of re-organisations of the Department as proposed therein. All the Supervisory Deputy Transport Commissioners, viz., Vizianagaram, Nellore, Kurnool, Warangal, and Telengana are requested to vacate the building in case the office is located in separate building and start functioning as Secretary, Regional Transport Authority, immediately. They are also requested to arrange to shift the telephone of the O/o. the Supervisory Deputy Transport Commissioner to the newly re-organised Office. They are further informed to shift the personnel working in local cadre posts like Jr.Asst, Typist, Transport Constables, and attenders to the local offices to utilise the services o the Deputy Transport Commissioner and Secretary Regional Transport Authority, concerned until further orders. The flying squad of Zone may be deployed to work in the entire jurisdiction of the zone as was existing prior to re-organisations. They are further requested to send the staff pattern of each office so as to enable this office to take necessary action for deployment of staff to the offices as per need. The receipt of the memo may be acknowledged. Sd/- P.DAYACHARI Transport Commissioner, 54 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No. 16742/D1/2000 Dated : 28-11-2000 Sub:- Motor Vehicles – Fitment of sound devices to the vehicles of Officers touring in Government vehicles – Regarding. *** The office bearers of the Andhra Pradesh Transport Department Gazetted Officers’ Association have represented that in conformity with the relevant rule, officers touring in Government Vehicles on official duty may be permitted to fit sound devices to their vehicles as a caution to the operators on the Road and also use it as a facility to stop and check the vehicles. According to Sub Rule (3) of Rule 119 of C.M.V.Rules, 1989, the sound signals may be fitted on vehicles used as ambulance or for the fire fighting or salvage purposes or on vehicles used by police Officers or officers of the Motor Vehicle Department in the course of their duties which are approved by the registering authority in whose jurisdiction such vehicles are kept for use. All the Registering Authorities are requested to invoke provision of Sub-rule (3) of Rule 119 of C.M.V. Rules, 1989, for fitment of sound devices to the Government and other vehicles used by officers of the Transport Department including Motor Vehicle Inspectors on Duty. For this purpose the sound device used by the Police Department may be adopted. The receipt of the circular Memo may be acknowledged by return of post Sd/- V.Malyadri Transport Commissioner (FAC) 55 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.14/207/C2/2000 Dated 3-1-2001 Sub:-Establishment – Transport Department – Posting of Junior Assistant in Unit Office – Regarding. @@@ The Joint Transport Commissioner, Hyderabad all Deputy Transport Commissioners and Regional Transport Officers are informed that, Instructions were issued earlier to post Junior Assistant in the Unit Offices headed by Motor Vehicles Inspectors on rotation basis to assist the Motor Vehicles Inspector in day to day work. These Instructions were given keeping in view the type of work attended to in Unit Office, namely, issue f Driving Licences, Registration of NonTransport Vehicles etc. But inspite of Instructions, instances have come to notice that Senior Assistants are being posted in some Unit Offices in violation of the Instructions already issued. Which is highly irregular. Therefore, the Joint Transport Commissioner, Hyderabad all Deputy Transport Commissioners and Regional Transport Officers are requested to strictly follow the Instructions already issued in posting only Junior Assistants in Unit Offices. If any Senior Assistant is already posted violating the Instructions they may be replaced with Junior Assistants immediately and report compliance. As regards rotation of Junior Assistants, it is suggested that they may be rotated on a monthly basis. The receipt of the circular memo should be acknowledged by return of post. Sd/- V. Malyadri Transport Commissioner 56 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.18/209/C1/2000 Dated 3-1-2001 Sub:-Transport Department – Work distribution among the staff in the offices certain Instructions issued – Regarding. @@@ It is observed that there is no uniformity in distribution of work among the staff in the Subordinate Offices. This apart, such distribution is not on objective consideration keeping in mind the workload and the seniority of the staff working in the offices. Therefore, the following Instructions are issued to come into force with immediate effect. 1. Items of work relating to registration of Transport Vehicles, Permits, DCB, Accounts and Establishment, maintenance of challan registers, adjustment of DDs etc. should be allotted to senior assistants. 2. Items of work relating to different categories of driving licences, registration of non transport vehicles, preparation of list of files for destruction, upkeep of record room and other related items should be allotted to the Junior Assistants. 3. No typist or stenographer should be allotted any regular work. 4. In allotting work to staff, all related items should be with the same staff member. For example, while allotting work of goods carriages to a particular Sr. Assistant, all work relating to these vehicles like transfer of ownership, change of address, maintenance of DCB, issue of permits, their renewal etc., should be together. 5. Rotation of staff within the office should be taken up in the months of April/May of the year to coincide with general transfers, if any. 6. Change in allotment of work otherwise should be an exception and for valid reasons. 7. All this work should from part of the office orders issued and should be pasted in the office orders register. They should not be mixed up with the register containing circular memos. The receipt of the circular memo should be acknowledged by return of post. Sd/- V. Malyadri Transport Commissioner 57 OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Circular Memo No.1/16251/D2/2000 Dated:2-2-2001 Sub:-Transport Department – Collection of compounding fee in the office – Representation by Andhra Pradesh Lorry Owners Association – Certain Instructions issued – Regarding. Ref:-Representation dt. Nil received from Andhra Pradesh Lorry Owners Association, Vijayawada. *** The A.P Lorry Owner’s Association has represented that the compo8unding fee is not being collected on the road at the place of check, they have to approach the checking officer in his office to pay the compounding fee, Very often they do not find the checking officer n his office and as result lot of inconvenience is caused to them. This apart, they are impounding the documents of the vehicle which are notoroperly accounted for either in the office of the checking officer or R.T.O.s offices and because of this they are facing much difficulty particularly in other states. Therefore, they have represented not to impound the documents of such Vehicles. They have volunteeration of VCRs in the O/o the primary permit issuing authority. Their representation has been examined in detail and was also discussed with all the Officers, representatives of MVIs Association and ministerial staff Association. It was agreed that the Association’s representation may be positively considered. Therefore, the following instructions are issued to come into force with immediate effect. 1. In respect of all home state Goods Carriages, therefore is no need to impound any documents hereafter whenever VCR is prepared. It is sufficiently if the GVR is attested by the checking officer and original copy is attached tot he original copy of the VCR. In case the GVR is not maintained, the driver may be instructed to write the same on the spot and copy may be impounded. 2. If the driver comes forward to pay the compounding fee to the checking officer in his office, the same may be collected. 3. All the VCRs should be submitted by the checking officer positively within three days from the date preparation of VCR in the Deputy Transport Commissioners, Regional Transport Officers office under proper acknowledgement with current number assigned to it in the office. In turn, the DTC/RTO should forward the original VCRs in the office by RPAD. 4. On receipt of the original copy of the VCR, it should be circulated to the Secretary, RTA concerned duly indicating the date by which compounding fee has to be paid by the permit holder since the Association has undertaken to pay the compounding fee within 15 days from the date of preparation of VCR. There is no need to issue any notice. In case the permit holder does not pay the compounding fee within the simulated time, a list of all such cases may be communicated to the President/Secretary of the Local Association requesting them to immediately arrange for payment of compounding fee. The same should also be displayed on the notice board. At the same time, a proper account should be kept to collect the compounding fee at the time of payment of tax. Sd/- V.MALYADRI Transport Commissioner 58 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.2/16231/D2/2000 Dated: 22-2-2001 Sub:-Transport Department – Overload in Goods Carriages – Certain Instructions issued – Regarding. *** The Andhra Pradesh Lorry Owners Association has represented to take initiatives to curb the overloading in Goods Carriages keeping in tune with the provisions of the Motor Vehicles Act and Instructions of Government of India from time to time. As a first step, the ‘Association’ has requested to step up checking of Goods Carriages carrying overloads taking into account the places of origin of overloads and points of entry from other States. It is also requested to detain the vehicles booked for overload at State Borders as also advice the drivers of the Home State to pay the compounding fee in the Office of the primary permit issuing authority to enable the checking officer to release the vehicles. The representation of the Association has been examined in detail. This has also been discussed with the Officers of the Department, representatives of Motor Vehicles Inspectors Association and Ministerial Staff Association. It was agreed that the Association’s representation may be positively considered. Therefore, the following Instructions are issued to come into force with immediate effect. 1. All Vehicles entering into Andhra Pradesh through check posts or otherwise from other States with overload should be stopped and cases booked duly compounding the offences under Section 200 of Motor Vehicles Act. They should not be allowed to proceed further unless the excess load is off-loaded at the risk and convenience of the owners/drivers. 2. Keeping in view the circular Instructions already issued in R.No.18/5940/C3/99, dated: 9-499 overload originating points should be identified in each district, extent of overload should be quantified and cases booked. In addition, cases of overload in Goods Carriages should be stepped up. In all such cases, Vehicles should be detained with Instructions to the drover to pay the compounding fee in the office of the primary permit issuing authority and produce the receipt. Then only the vehicle should be released. These instructions will equally apply to Vehicles carrying perishable goods and any representation from the driver in this regard may be referred to the local representatives of the Association. Sd/- V.MALYADRI Transport Commissioner. 59 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Endt. No.950/D1/2001 Dated 24-4-2001 Enhanced rates of fee under Rules 32 and 81 of the Central Motor Vehicles Rules, 1989 notified vide G.S.R.221 (E) dated 28-3-2001 are communicated for immediate action. Sd/- N.V.SUBBA RAO For Transport Commissioner Sl. No 1 1 2 3 4 5 6 7 8 9 10 11 1 2 Purpose 2 FEES UNDER RULE 32 OF CMV RULES In respect of issue or renewal of learner’s licence of each class of vehicle. In respect of issue of a driving licence in Form 6 In respect of issue of a driving licence in Form 7 For test of competence to drive In respect of addition of another class of vehicle to driving in Form 6 In respect of renewal of driving licence in Form 6 In respect of renewal of a driving licence in Form 6 to drive a motor vehicle for which application is made after the grace period. In respect of addition to another class of motor vehicle to the driving licence in Form 7 and renewal of driving licence Form 7. In respect of issue and renewal of licence to a school or establishment imparting instructions in driving In respect of issue of duplicate licence to the school or establishment imparting instructions in driving. In respect of an appeal against the orders of licensing authority referred to in rule 30. FEES UNDER RULE - 81 OF CMV RULES Grant or renewal of trade certificate in respect of each vehicle: (a) Motor cycle (b) Invalid carriage © Others Duplicate trade certificate Motor Cycle Invalid Carriage Others Amount Rule 3 4 Section 5 Thirty rupees 10 8 Forty rupees 14(b) 9 14(b) 9 14(b) 9 Thirty rupees 17(1)(d) 11 Thirty rupees 18(1)(a) 15 Thirty rupees -- 15 One hundred and fifty rupees including cost of computerised chip. 17(1)(d) 18(1)(a) 11 Two thousand and five hundred rupees 24(2) 12 Two thousand and five hundred rupees 26(2) 12 One hundred rupees 30(1) 17 One hundred and fifty rupees including the cost of computerised chip Fifty rupees 34(1) Fifty Rupees Fifty Rupees Two hundred rupees 38(1) Thirty rupees Thirty rupees One hundred rupees 60 1 3 4 2 Appeal under rule 46 Issue, renewal of certificate of registration and assignment of new registration mark Invalid carriage Motor Cycle Light Motor Vehicle (i)Non-Transport (ii)Light Commercial Vehicle Medium Goods vehicle Medium Passenger Motor Vehicle Heavy Goods Vehicle Heavy Passenger Motor Vehicle Imported Motor Vehicle Imported Motor Cycle Any other vehicle not mentioned above 5 6 7 8 9 10 11 12 13 14 15 3 One hundred rupees Issue of duplicate certificate of registration Transfer of ownership 4 46(1) 47(1),52(1) 54(1),76(1) and 78(1) 5 Twenty rupees Sixty rupees Two hundred rupees Three hundred rupees Four hundred rupees Four hundred rupees Six hundred rupees Six hundred rupees Eight hundred rupees Two hundred rupees Three hundred rupees Half the fee mentioned against Serial No.4. Half the fee mentioned against Serial No.4. 53(2) 55(2)(iii), 55(3), 56(2)(a) & 57(1)(a) 59 Change of residence Twenty rupees Recording alteration in the Regn. Certificate Fifty rupees Endorsing hire purchase/ lease/ One hundred rupees 60 hypothecation agreement Cancellation of hire purchase/lease/hypothecation agreement or issue of fresh Regn. One hundred rupees 61(1)&(2) Certificate Conducting test of a vehicle for grant and 62(2) renewal of certificate of fitness: (i)Two/Three-wheeled vehicle One hundred rupees (ii)Light Motor Vehicle Two hundred rupees (iii)Medium Motor Vehicle Three hundred rupees (iv)Heavy Motor Vehicle Four hundred rupees Grant or renewal of F.C for motor vehicle One hundred rupees 62(2) Grant or renewal of letter of authority Five thousand rupees 63(2)(a) Issue of duplicate letter of authority Five thousand rupees 66(2) Appeal under rule 70 Four thousand rupees 71(1) NOTE: For the removal doubts, it is hereby declared that Medium Passenger Motor Vehicle, Heavy Goods Vehicle, Imported Motor Vehicle and any other vehicle not mentioned in Serial No.4 of this Table include both transport and non-transport vehicles. 61 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No.27960/C3/1995 Dated: 6. 9. 2001 Sub:- Transport Department – Closure of Govt. Driving Schools – Certain instructions issued Regarding. Ref:- 1. G.O.Ms.No.107, TR&B (Tr.II) Department, Dated:31/7/2001 2. Endt.No.27960/C3/95, Dt.3.8.2001. --In the reference 2nd cited, copies of G.O closing Govt. Driving Schools was circulated to all concerned. IN continuation of this reference, the following instructions are issued relating to putting to use existing man power of different categories working in Govt. Driving Schools vacation of building shifting of telephones making use / disposal of vehicles furniture, cut models and other implements etc. 1. The services of officers and staff in different categories should be utilised in the respective JTC/DTC offices for regular work like improvement of quality of work, enforcement etc. until further orders. 2. All rented buildings, if any, where Driving Schools are located should be vacated immediately. 3. Telephones, if any, should be shifted to JTC/DTC offices located at the same place. 4. Motor Vehicles, particularly, light motor vehicles should be made use of for enforcement work, if they re road worthy with minor repairs. Other vehicles like HMV and LMVs which are not road worthy may be sold in public auction following due procedure. 5. Furniture, if any also may be auctioned duly fixing upset price after utilising the same in subordinate offices where computerisation is taking place.(Circular Memo No.) 6. Exhibits like cut models of motor vehicles, other implements etc., may be disposed of in public auction duly fixing upset price following due procedure. 7. Other items like TV, VCR, Books etc., may be retained in respective JTC/DTC offices. Sd/- V.Malyadri, Transport Commissioner. 62 OFFICE OF THE TRANSPORT COMMISSIONER :ANDHRA PRADESH: HYDERABAD Circular Memo No.12/12599/V2/2001 Dated: 22-9-2001 Sub:-Transport Department – Stage Carriage work being attended by District Officers – Certain Instructions Issued – Regarding. Ref:- Note of Joint Transport Commissioner (Vigilance & Enforcement), dt.21-7-2001. *** At present the practice in vogue is that where there are two Regional Transport Officer’s Office situated in the same district, entire Stage Carriages work relating to grant of permits is being attended to by the Regional Transport Officer’s Office situated at the Head Quarters and the work relating to the taxation of Stage Carriages is being done in the subordinate office of that district. This is creating anomaly in the administration. The same has also been noticed by the Audit party Committee during the recent meetings held at various places in the State. The matters pertaining to disciplinary action against Stage Carriages for long stoppages, maintenance of Spare buses are being referred to by the subordinate Regional Transport Officers Office to Head Quarters Office situated at the District Head Quarters. But the cases are not being properly scrutinised thereby creating confusion and loss of revenue because of lack of proper action. Therefore the Audit Committee has recommended that it would be better if the entire work relating to grant of that it would be better if the entire work relating to grant of Stage Carriages and collection of taxes may be dealt at the concerned Regional Transport Officers Offices only. In view of the details maintained above, it is decided that the entire work relating to the Stage Carriages be entrusted to the Regional Transport Officer, Deputy Transport Commissioners office with reference to their respective jurisdiction. The Regional Transport Officer, Deputy Transport Commissioner concerned are requested to take immediate action and report compliance. The receipt of the memo should be acknowledged by return of post. Sd/- V. MALYADRI Transport Commissioner 63 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Memo No.6568/P2/2001 Dated 8-11-2001 Sub:- Pollution Under Control Test procedure and Equipment – Regarding. Ref:- AED/067 (VII) Co-ordination (XI) 2001, dt.14-3-2001. @@@ The attention of Joint Transport Commissioner, Hyderabad all Deputy Transport Commissioners and all Regional Transport Officers is invited to the reference cited and they are informed that ARAI has issued certain Instructions and guidelines with regard to Pollution Under Control Test procedure and relevant equipment to be utilised for conducting pollution Under Control Test under the Instructions of Ministry of Surface Transport, Government of India, New Delhi (Copy enclosed). Therefore they are requested to comply with the Instructions. The receipt of the memo may be acknowledged by return of post. Sd/- N.V.SUBBA RAO, For Transport Commissioner ARAI THE AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA (Research Institution of the Automotive Industry with the Ministry of Commerce & Industry Government of India) Regd. Office :.S.No.102 Vetal hill, Off Paud Road, Kothrud Pune 411038 Postal Address : P.B.No.832, Pune 411 004 (INDIA) Tel. 91-20-543819, 543180/2/2/5 Fax 91-20-5434190 E. Mail : director@aralandia.com / arai@vsnl.com, web site Http araiindia.com. AED/067(VII) CO-ORDINATION (XI) 2001 14th March, 2001 To All Test Agencies, Smoke Meter/Co Analyser Manufacturers/suppliers Transport Commissioner CC MOST (for information) CC SIAM (Mr. Rajat Nandi, Executive Director) Dear Sirs, Sub:-PUC Test Procedure and Equipment: Ministry of Surface Transport, (MOST) New Delhi has requested ARAI to issue following Instructions. Kindly made a note and take necessary action immediately 1. The modifications in the test procedure as well as the specifications of the meters used for the PUC checking have been finalised. A copy of the same is enclosed in the Annexure – 1. 2. All meters manufacturer / suppliers are hereby requested to make necessary changes in their instruments and get them tested and approved through the TEST agencies immediately. After the Approval, the same should be incorporated in all the meters available in the field. 3. The Cop of the meters has been introduced since 1997. It has been observed by MOST that many of the equipment are not submitted for Cop within the prescribed limits. Henceforth , the case the meters are not submitted for Cop within the prescribed time schedule, the same will be listed from the approved list of equipment. 64 All manufacturers / suppliers should provide the status of production/ supply of meters at regular intervals to test agencies at least on a six monthly basis 4. It has also been brought to the notice of the Ministry that in some cases, there is a deviation in the meters sold in the field and the type approved machines. Also some of the machines with old design have the same model number as the approved machine and are being used for the PUC check. All meter manufacturers/ suppliers are hereby instructed to rectify the machines in the field excite as per the type-approved machines immediately. In case the deviation is observed henceforth, the names of the meters will be removed from the approved list and the same will be black listed. 5. All manufacturers/ suppliers should offer the Annual maintenance services, which includes calibration of the PUC equipment. With regards, Sd/- XXXXX Mrs. Madhuri Marathe Deputy Director E. Mail ID : madhur imarathe.aed@araiindia.com OR dani.aed@araiindia.com Encl : Annexure –1 as above. ARAI ANNEXURE–1 MODIFICATIONS IN THE TEST PROCEDURE AND SPECIFICATIONS OF THE PUC CHECKING EQUIPMENT (CHANGES IN THE MOST/CMVR/TAP-115/116 DOCUMENT) Reference:Part – I : Details of Standards and Test procedures for Carbon Monoxide emissions at idling for In-service Vehicles fitted with Petrol Engines. Part – II : Details of Standards and Test procedure for smoke levels by Free acceleration for inservice Vehicles fitted with Naturally aspirated Diesel Engines. Part – III : Details of Standards for Testing of smoke meters and Co Analysers. 1. Bandwidth of 0.25 m for free-acceleration smoke measurement. The point No.4.5.1.5 of Part –II is amended as described below:The operation described in paragraph of the point No.4.5.1.4 above shall be repeated not less than six times in order to clear the exhaust system and to allow for any necessary adjustment of the apparatus. Subsequently the maximum opacity values read in each successive acceleration shall be taken until stabilised values are obtained after each acceleration when the engine is idling. The values read shall be regarded as stabilised when four of them consecutively are situated within a bandwidth of 25% of the arithmetic mean (in m-1 units) of these four readings or within a bandwidth of 0.25 k whichever is higher and do not form a decreasing sequence. The absorption coefficient to be recorded shall be the arithmetic mean of these four valid readings. The vehicle should be considered meeting the requirement only if all the four valid reading same less than the prescribed limits. In case the valid readings are not obtained within the 10 free accelerations, the testing is discounting and the vehicle owner is advised to re-submit the vehicle after the same is 65 repaired/maintained. However, the free-acceleration correlation test procedure as defined in para of the point No.2.11.2. of Chapter –I part VII remain unchanged. 2. Span calibration methods of Co Analyser. The following para is added in point No.3.7 of Chapter –2 of Part – VIII If the instrument does not have the facility to check and adjust the span calibration by select onic or electromechanical means, the manufacturer should prove that the span calibration by the means of calibration gas remains stable with time, ambient temperature, barometric pressure, aging of IR Source, aging of IR detector, aging of IR detector, aging of the electronic components and other relevant parameters for two months or the calibration period recommended by the equipment manufacturers, which is higher. The manufacturer should provide the supporting data and documents to prove the stability. 3. Extension pipe for vehicle exhaust. The point no.4.2.1. Chapter-2, Part- VIII is amended as follows:The probe design should be such that it will not slip of the motor vehicle exhaust pipe when in use for analysis. A thermally insulated comfortable handgrip should be provided on the sample probe handle. The probe should be flexible enough to extend into the tailpipe at least 300 mm. Every Co Analyser should also be supplied with an exhaust extension pipe as a standard accessory. The extension pipe connection should be lead proof and should be universally adaptable to the exhaust pipe of all petrol engine vehicles. 4. Calibration interval for Co Analyser The point No.3.2.1. of Part – I is amended as follows:The electronic calibration should be carried out at least once after switching on the instruments and thereafter a maximum time period of four hours. The span calibration using gas bottle should be carried out at least once in two months and whenever instrument is moved to a different place. The total record of calibration should be maintained and if it is observed during calibration that the calibration is shifted more than the accuracy, which is 3% of full scale, the calibration period should be suitably reduced. The calibration should be performed well away from the exhaust of Motor Vehicles whose engines are running. 5. Sampling probe size for smoke meter. The second para of point No.1.1. of Chapter-I part VIII is amended as follows:The smoke meter should have probes of sufficient length (minimum 2 meters) the cillcate easy attachment to the tailpipe of Vehicles. According to the test procedure for free-acceleration test, the ratio of cross sectional area of probe to that of exhaust pipe diameter of 4 inch, the equipment shall be supplied with at least one probe of internal diameter not less than 2.25 Chief Minister with least one probe of internal diameter not less than 2.25 cm. 6. Printer equipment for the smoke meter The point No.1.3 of Chapter – 1, part – VIII is amended as follows:- 66 The instrument should be provided with a printer, it should print all the readings and mean of the valid reading sin English when tested as per the procedure followed for CMVR 115 (2) (C) in case of free acceleration test. The printer should also print the date and time of the test. A software provision should be made so that maximum of two print outs can be taken after each test. A facility to print the reading along with date and time when calibrated using neutral density filler should also be provided. 7. Printer requirement for the Co Analyser A new point 6.0 is added to Chapter – 2 part – VIII as below:The instrument should be provided with a printer. It should print the Co reading in English when tested as per the procedure following for CMVR 115 (2) a and b. The printer should also print the date and time of the test. A software provision should be made so that maximum of two print outs can be taken after each test. A facility to print the Co reading after calibration along with the date and time of celebration should also be provided. 8. Requirement of the documentation. A) The following Sub-Point (j) is added in point 1.2.1 of Chapter part – VIII. (j) The operating manual supplied with every smoke meter should include the description of the test procedure disturbed in Part-II of the document MOST/CMVR/TAP-115.116 (details of Standards and Test procedures of Smoke Level by Free acceleration for In-Service Vehicles fitted with Naturally Aspirated Diesel Engines) The smoke meter should have facility to carry out the test exactly as per above test procedure only and did not permitted to have any other smoke testing procedure. The manual should also specify the recommended calibration interval. B) The Sub-Point (b) in point No.4.1.8 of Chapter-2, Part – VIII is replaced by: 8. Standerdisation of gas calibration part of Co Analyser The following para is added in the para of point 3.7 of Chapter 2 part- VIII The instruments should have a suitable provision for connection to the pressurized 10 X 47 liter gas cylinders by the means ¼” Teflon tube and compression tube fitting. 9. Leak checking facility of Co Analyser The following para is added in point No.3.8 of Chapter – 2 part-VIII The instrument should have provision of testing the leak into the cumulate sample handing system including probe. This can be provided by means of vacuum switch with closing cap on the probe of through the flow indicator with closing cap or any means. The vacuum switch setting or the flow meter range should be designed so that any small leakage, which affects the reading, can be detected. \\TRUE COPY\\ 67 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.15202/K2/2001 Dated 27.11.2001 Sub:-Requesting to trace out the stolen vehicles – Regarding. Ref:-MRO-1/SMT/Theft/MBT/2000-01, dt.3rd September 2001 from the Oriental Insurance Company Ltd., Mumbai and subsequent letters of theft vehicles. @@@ In the reference cited, the Oriental Insurance Company Ltd., Mumbai has communicated the particulars of theft vehicles in Maharastra State and the details of the said Vehicles are furnished hereunder. Sl. No Reg. No. Engine No. 1 MH-04/AA 9125 483 DL 41 LRQ 77 3745 385013 LAQ 927550 TATA Sumo 2 MP-19/E 9945 3 HNCA 003113 ADA836762 AMB 2000 IS2 Class B4 AC Diesel 1 3 MH-04/AS 2546 483 DL 47E22737898 385013 E22 912379 TATA Sumo White 4 MH-01/S 464 PAA 008605 PA 0615127 Premier Padmini 1991 Block 5 MH-02/ JA 8532 483 DL 47E22 737898 385013 E22 912379 TATA Sumo Green 6 MH-04/F 2040 LYH 044530 7 MH-01/CA 1042 F 8B IN 199 2592 8 -------- F8B661674 9 MH-01/K 4110 95E 17E 02624 10 MH-02/JA 8317 483 DL 47C22 727034 Chasis No. MYH 029354 SB 308 IN1415184 SB 308 IN 458200 95E 19F 02196 385013 C22 908620 Model make Ashok Layland, Turbo TT 3516 199 WB Model Maruthi 800 Semi Delux Maruthi 800 Hero Honda Splender’95 TATA Sumo Delux 2000 Colour Green Brown Red Brown Block White All the Registering Authorities are requested to take necessary action and intimate the Insurance Company on fax 2851619 as on when the said Vehicles are reported in their office for any transaction. Sd/- L.S.M. RAMASREE For Transport Commissioner 68 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No. Dated 1-12-2001 Sub:-Transport Department – Increase in taxes on certain categories of Vehicles – Certain Instructions issued – Regarding. Ref:-G.O.Ms.No.152, TR&B (Tr.II) Department, dated 1-12-2001. @@@ In the reference cited, Government have increased taxes on (a) good carriages, (b) 7 seater 3 wheeled cabs, (c) stage carriages, (d) Contract Carriages (All India Tourist Vehicles), (e) idle Contract Carriages and (f) Contract Carriages with a seating capacity of 8 in all to 13 in all effective from 1-12-2001. A copy of the G.O. is separately communicated already for information and further necessary action. In this connection, the following guidelines are issued in implementation of the above G.O. a. In respect of Goods Carriages, 7 seater 3 wheeled cabs and stage carriages difference of tax for December, 2001 may be collected along with quarterly tax for Q.E.31.3.2002. b. In respect of AIT buses, difference of tax should be collected before 15-12-2001. c. In respect of all other categories of vehicles, namely, idle buses and maxi cabs balance of tax may be collected immediately. The receipt of the circular memo should be acknowledged by return of post. TRANSPORT COMMISSIONER 69 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.25/18786/E2/2001 Dated 15.12.2001 Sub:-Transport Department – Delegation of powers to grant Maxi Cab Permits – Regarding. Ref:- 1. G.O.Ms.No.152, Tr. R&B Department, dt.1-12-2001. 2. Resolution No.1, dated 11-12-2001 (by circulation) of STA, AP, Hyderabad. @@@ In the reference 1st cited, Government have fixed a separate rate of tax for Contract Carriages covered by Permits with a seating capacity between 8 in all 13 in all. This was fixed with a view to plug leakage of revenue as several omni buses with seating capacity on the lines mentioned above are plying for hire or reward without permit and adequate payment of tax like Tata Sumos, jeeps etc. Another objective intended to be achieved is to ensure public safety by way of covering them with fitness Certificates. In the reference 2nd cited, the State Transport Authority, Andhra Pradesh has delegated powers under Rule 151 of APME Rules, 1989 to the Secretaries, RTA in the District to function as Ex-Officio Assistant Secretaries, STA to grant permits for State-wide operation for vehicles of the type mentioned above with a view to decentralize the powers and for administrative convenience. Therefore, all the Secretaries, RTA in the State are requested to initiate action on the lines discussed during Video Conference on 10-12-2001 to issue permits to the types of vehicles registered as omni buses with a seating capacity between 8 in all and 13 in all and plying for hire without fitness Certificate, permit and payment of tax. While so doing, vehicles which are already registered should be covered. The fact of delegation of powers by the STA to the Secretaries, RTA may please be brought to the notice of the District Collector, Chairman, RTA for information. They are also requested to furnish particulars to this office in the Format given below by 5th January 2002 for the month of December 2001. Name of the District No. of Omini buses plying for hire or reward No. of Omini buses covered by permits upto 31-12-2001 Amount of fee collected towards F.C/ Permit Amount of tax collected From the month of January 2002 onwards, a monthly periodical in the above Format should be submitted by 5th of succeeding month until further orders. The receipt of the Circular Memo should be acknowledged by return of post. Sd/- V. Malyadri Transport Commissioner AGENDA BY CIRCULATION ITEM NO – I To consider delegation of powers under Rule 151 of A.P.M.V. Rules, 1989 to Secretaries, RTA to grant Contract Carriage Permits to vehicles having seating capacity between 8 in all and 13 in all (Maxi Cabs) for State wide operation in their capacity as Ex. Officio Assistant Secretaries STA. RESOLUTION : It is resolved to delegate the powers as proposed. Smt JANAKI R. KONDAPI PRL. SECRETARY, TR&B DEPARTMENT CHAIRMAN 70 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD T.M.No.19308/R1/2001 Dated 18.12.2001 Complaints are received that Subordinate Offices are insisting upon the confirmation about issue of NOCs by other State Authorities to effect transfer of ownership or change of address or Retired –assignment in respect of Motor Vehicles. In respect of Driving Licences also, similar confirmation is asked. Provisions of MV Act and Rules made thereunder have been examined in detail and found such procedure is against the law. The Joint Transport Commissioner & Secretary, RTA, Hyderabad is instructed honour NOCs issued by other State Authorities and effect transactions. Similar procedure equally applies to Driving Licences. Discrete verification may be made only in respect of suspected cases. Detailed Instructions follows. Sd/- TRANSPORT COMMISSIONER 71 OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Circular Memo No.31/19466/A3/2001 Dated 29.12.2001 Sub:-Transport Department – Inspection of Offices Abnormal Delays noticed – Certain Instructions issued – Regarding. @@@ A view of inspection of offices of JTC, DTC and RTO has revealed that abnormal delays are taking place in completion and sending final compliance. As a result, the very purpose of inspection is getting defeated and quality of administration is suffering. There is need to complete inspections without delay. Therefore, the following Instructions are issued. 1. Quarterly inspection of offices should be completed before completion of the succeeding quarter, namely within three months after the quarter is over. 2. Final compliance report should be submitted within 30 days from the date of receipt of the remarks from the date of receipt of the remarks from the inspecting officer. 3. With regard to annual inspection, it should be completed within three months after the financial year is over i.e. before the end of June. Follow up action should be on the lines mentioned above relating to quarterly inspection. 4. Inspection of Unit Offices, MVIs Offices and AMVIs Offices should from part of the inspection mentioned above. The inspecting officer should ensure that the subordinate officer has inspected all the offices under his control by the time he complete his inspection. For this purpose, every MVI and AMVI has to be treated as a separate entity and inspection completed. The JTC, Hyderabad, all DTCs and RTOs are therefore requested to strictly follow these instructions. Any laxity on their part will be viewed very seriously. The receipt of the circular memo should be acknowledged by return of port. Sd/- V.MALYADRI, Transport Commissioner 72 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Act & Rules – Amendments to Rule 485 of APMV Rules, 1989 in connection with enhancement of fees for testing and issue of PUC Certificates – Draft confirmed – Notification – Issued. ------------------------------------------------------------------------------------------------- ------------------------------- TRANSPORT, ROADS & BUILDINGS (TR-II) DEPARTMENT Dated: 19-1-1999. Read the following:1. G.O.Rt.No.682, TR&B, Department, dt.7-8-98. 2. From the T.C., A.P., Hyd., Lr.No.7713/D1/97, dated 11-9-98. *** The following notification will be published in the Extra-Ordinary issue of the Andhra Pradesh Gazette dated: 25-1-1999. NOTIFICATION In exercise of the powers conferred by section 111 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Motor Vehicles Rules, 1989, issued in G.O.Ms.No.216, Transport, Roads and Buildings (Transport-II) Department, dt. the 7th August, 1989 and published at pages 1-315 of the Rules supplement to Part-I of the Andhra Pradesh Gazette, dated the 25th August, 1989, the same having been previously published as required by sub-section(1) of section 212 of the said Act. AMENDMENT In the said rules, for rule 435, the following shall be substituted, namely:G.O.Rt.No.38 “485 Fees for testing and issue of pollution under control certificate The following fee is payable in respect of Motor Vehicles for testing and for issue of pollution under control certificate: Category Fee 1. Petrol Two Wheelers ….. Rs.15/2. Petrol Three and Four Wheelers ….. Rs.25/3. Diesel any category ... Rs.30/Where the smoke emissions are found to exceed specified limits on testing, the authorised agency shall direct the owner of driver of the vehicle to get the defects rectified, unless they are minor in nature so as to comply with the provisions by issuing a notice in for Pollution Testing Notice. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) Sd/- JANAKI R.KONDPI SECRETARY TO GOVERNMENT. OFFICE OF THE STATE TRANSPORT AUTHROITY A.P: HYDERABAD Endt. No.7713/D1/97 Dated: 23-1-99 Communicated for necessary action. Sd/- C.L.N.GANDHI, FOR TRANSPORT COMMISSIONER. 73 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Motor Vehicles Act and Rules – Andhra Pradesh Motor Vehicles Rules, 1989 – Amendment on Registration of Vehicles. TRANSPORT, ROADS AND BUILDINGS (TR.II) DEPARTMENT G.O.Rt.No.332. Dated : 13-4-1999 Read the following:- From the T.C., Andhra Pradesh, Hyderabad, Lr.No.14344 Dl 95, dated: 15-4-1995. *** O R D E R :The following Notification will be published in the Extra-Ordinary issue of Andhra Pradesh Gazette: 22-4-1999. NOTIFICATION The following draft of an amendment to the Andhra Pradesh Motor Vehicles Rules, 1989, issued in G.O.Ms.No.216, Transport, Roads & Buildings (Transport.II) Department, dated the 7 th August1989 and published which it is proposed to make in exercise of the powers conferred by new Rule 53-A under Andhra Pradesh Motor Vehicles Rules, 1989 is hereby published for the information of persons likely to be affected thereby, as required by Sub-Section (1) of Section 212 of the said Act. Notice is hereby given that the said draft will be taken into consideration after the expiry of thirty days from the date of its publication in the Andhra Pradesh Gazette and objections or suggestions which maybe received from any person with respect there to before the date from any person with respect there to before the date aforesaid, will be considered by the Government of Andhra Pradesh, objections and suggestions should be addressed to the Principal Secretary, to Government, Transport, Roads & Buildings Department, Secretariat, Hyderabad in duplicate. DRAFT AMENDMENT After rule 83 of the said rules, the following rule shall be added; namely:“83-A – Communication of approvals of Motor Vehicles for registration: 1. Every manufacturer should file an application to the Transport Commissioner enclosing the approval obtained under Rule 126 of Central Motor Vehicles Rules, 1989 for communicating the same to all the Registering Authorities in the State for Registration of a new model or its variants; 2. Every application under sub-rule (1) above shall be accompanied by a fee of Rs.2,000-00 of each model or its variant”. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R. KONDAPI Secretary to Government. 74 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Motor Vehicles Act & Rule – Enhancement of fee for various items in the rules – Amendment to Andhra Pradesh Motor Vehicles Rules, 1989 – Final Notification – Published – Errata – Issued. --------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.53 Dated: 22-4-1999. Read the following:- 1. G.O.Ms.No.179, T.R&B (Tr.II) Dept., dt.28-10-1998. 2. From the T.C., A.P., Hyd. Lr.No.6842/D1/92, dt.23-11-1998. *** ORDER: The following Erratum is issued to G.O.Ms.No.179, Transport, Roads & Buildings (Tr.II) Department, dated 28-10-1999 and published in the Extra-Ordinary issue of Andhra Pradesh Gazette dated 12-11-1998. ERRATUM The word “Taxi Cab” occurring at para 1(d) of the table of the said G.O. shall be deleted. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. 75 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Motor Vehicles Act and Rules – Enhancement of fee for issue of P.S.V. Badges – Amendment to Andhra Pradesh Motor Vehicles Rules 1989 – Draft confirmed - Notification – Issued. --------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.54 Dated: 23-4-1999 Read the following:1. From the T.C., A.P., Hyd., Lr.No.21658/D1/97, dated 2-3-98. 2. G.O.Ms.No.200, T.R & B (Tr.II) Dept., dated 8-12-99. *** ORDER: The following Notification will be published in an Extra-ordinary issue of Andhra Pradesh Gazette dated: 30-4-1999. NOTIFICATION In exercise of the powers conferred by section 96 (vii) of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Motor Vehicles Rules, 1989, published at page 1-315 of the Rules supplement to Part-I, extra-ordinary issue of the Andhra Pradesh Gazette, dated the 25th August, 1989 as the same having been previously published as required under sub-section (1) of section 212 of the said Act. AMENDMENT In the said rules, 1. In rule 38, in sub-rule (1) for the words “ten rupees” in two places, the words “fifty rupees” shall be substituted. 2. In rule 68, in sub-rule (1) for the words “ten rupees” in two places, the words “fifty rupees” shall be substituted. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNORMENT. OFFICE OF THE TRANSPORT COMMISSIONER : A.P : HYDERABAD Cr. Dt.No.20010/D1/99 dated : 21-5-1999 Communicated for Necessary Action. Sd/- T.KRISHNA REDDY, For Transport Commissioner. 76 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Andhra Pradesh Motor Vehicles Taxation Act, 1963 – Payment of concessional rates of tax in respect of the Contract Carriages plying on the strength of temporary/ special permits issued under Section 87 or 88 (8) of the Motor Vehicles Act, 1988 – Orders – Issued. TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.100 Dated : 20-5-1999 Read the following :G.O.Ms.No.224, T,R&B (TR.II) Department, dt.7-11-96. *** ORDER: The following Notification will be published in the Extra-Ordinary issue of the Andhra Pradesh Gazette dated 20-5-1999. NOTIFICATION In exercise of the powers conferred by Sub-Section (1) of Section 9 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (Act 5 of 1963) and in supersession of the Notification issued in G.O.Ms.No.224, Transport, Roads & Buildings (Tr.II) Department dated the 7th November 1996 the Governor of Andhra Pradesh hereby directs that the tax in respect of (I) idle contract Carriages; (ii) Contract Carriages covered by basic permits; (iii) Stage Carriages covered by spare bus permits plying on the strength of temporary/special permits issued under Section 87 and sub-Section (8) of Section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) shall be at the following rates subject to the conditions specified below:CLASS OF VEHICLES RATE OF TAX In respect of Contract Carriages plying on Rs.17/- (Rupees seventeen only) per seat per Intra-State or Inter State routes. day. CONDITIONS (i) The tax due shall be paid in advance specifying the dates and the period of the permit sought for. (ii) In case of extension of the period of validity of permit, by an authority outside the State, tax due shall be paid immediately on return of the vehicle to the headquarters and before applying for another permit. (iii) In case, extension of the period of validity of permit is sought for within the State, tax due shall be paid and evidence produced before the Authority in whose jurisdiction the extension is sought for. (iv) No refund of tax paid shall be granted on the ground of non-utilisation of the permit. However, any number of permits subject to a minimum period of one day can be granted within that block period. (v) Under no circumstances, the period of validity of tax can be extended and no change of date will be permitted once the tax is paid. (vi) The Vehicle shall be engaged by a homogenous group having a common purpose. (vii) Violation of any of the conditions specified above will entail in levy of foul quarterly tax applicable to State- wide Contract Carriages. (viii) This concessional rate of tax shape not be admissible in respect of Vehicles plying on long term Contracts exceeding 30 days. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R. KONDAPI Secretary to Government. 77 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES – Caravan/Camping Trailers – Guidelines for registration and other uses – Orders – Issued. ----------------------------------------------------------------------------------------------------------------------------- --TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.118 Dated:29-5-1999. Read the following:- 1. From the Govt. of India, MOST., New Delhi, Letter F.No.11036/21/95/MVL, dated: 02-01-97. 2. G.O.Ms.No.6, YAT & C (Tourism) Dept., dt.18-02-1998. **** ORDER: Recently, a new mode of Trailers (known as Camping Caravans) has been brought into the country which can be towed by a car. Such Camping Caravans have facilities to provide accommodation to a limited number of people. The Government of India have issued guidelines for registering these vehicles under the provisions of the Motor Vehicles Act from time to time. In order to boost tourism industry in the State, the Government of Andhra Pradesh have issued orders in the G.O. second read above, allowing the private section to buy and promote Camping Caravans, and also advised to take appropriate action to implement the orders. 2. The Government therefore, direct the registering authorities in the State to register the Camping Caravans subject to satisfying all parameters prescribed in the Motor Vehicles Act, Central Motor Vehicles Rules, Andhra Pradesh Motor Vehicles Rules and other notifications issued by the Government of India and the Government of Andhra Pradesh. 3. Accordingly, the Government hereby direct the registering authorities to follow the following guidelines as directed by the Government of India: (a) The Caravan/Camping Trailer will be registered as a Non-Transport Vehicle of presented in isolation (i.e., without any prime mover/towing vehicle). (b) The Camping Trailer need not be covered by a permit if the GVW is less than 3000 kg., (c) The Camping Trailer shall be treated as a “Non-Transport Vehicle” if it is towed by a private car. (d) This combination will be treated as the transport vehicle if the Caravan is towed by a transport vehicle (Since the towing vehicle will already be having a permit no separate permit is required for the Caravan). (e) The Caravans, which are used for Commercial purposes, have to be registered, as Transport Vehicles only, even when presented in isolation. (BY ORDER AND IN THE NAME OF THE GOVENROR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. OFFICE OF THE STATE TRANSPORT AUTHORITY::A.P.::HYDERABAD. Endt No.18490/D1/98 Dated:16-06-1999. “Communicated to necessary action”. Sd/- T.KRISHNA REDDY, FOR TRANSPORT COMMISSIONER. 78 GOVERNMENT OF ANDHRA PRADESH ABSTRACT ANDHRA PRADESH MOTOR VEHICLES ACT, 1988 – Amendment to Andhra Pradesh Motor Vehicles Rules, 1989 prescribing appellate Authority under sub-section (2) of section 207 of Motor Vehicles Act, 1988 for release of vehicles, detained under rule 448 and 448(A) of the Andhra Pradesh Motor Vehicles Rules, 1989 - Draft confirmed – Notification – Issued. --------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.123 Dated: 4-6-1999. Read the following;- 1. G.O.Ms.No.53, T.R&B (Tr.II) Dept., dated 31-3-1995. 2. From the T.C., A.P., Hyd., Letter No.37364/D1/93, dated 2-7-1998. **** ORDER: The following notification will be published in an extra-ordinary issue of Andhra Pradesh Gazette dated: 11-6-1999. NOTIFICATION In exercise of powers conferred by the sub-section (2) of section 207 read with section 138 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Motor Vehicles Rules, 1989 issued in G.O.Ms.No.216, T.R&B (Transport.II) Department, dated 7-8-1989 and published at pages 1-315 of the Rules supplement to part-I of the Andhra Pradesh Gazette dated the 25th August, 1989 the same having been previously published as required by sub-section(1) of section 212 of the said Act. AMENDMENT In the said rules, after rule 448-A the following shall be added, namely:“448-B: Release of seized and detained vehicles: (1) An application for release of a vehicle seized and detained under sub-section (1) of section 207 shall be in the form of a memorandum in duplicate with relevant documents duly enclosing a fee of rupees twenty five. (2) The Secretary, Regional Transport Authority’, of the Region shall entertain application for release of vehicles seized and detained by his sub-ordinate officers. 2. Provided that application shall be made to the Deputy Transport Commissioner in the case of check made by the Secretary, Regional Transport Authority in the cadre of Regional Transport Officer and the Transport Commissioner, if the Secretary, Regional Transport Authority is the Cadre of Deputy Transport Commissioner or Joint Transport Commissioner. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. 79 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Special Rules for the Andhra Pradesh Transport Subordinate Service – Notification – Issued. TRANSPORT, ROADS & BUILDINGS (Tr.I) DEPARTMENT Dated : 4-6-1999 Read the following:1) From the OMC (SPF-Sec.) Lr.No./27/OMC/SPF.S.ec.I/87-2, 2) From the T.C.Lr.No.769834/C3/86, dated 11-8-1992. 3) From the Secretary, APPSC Lr.No.562/RR/3/99, dt.1-6-1999. G.O.Ms.No.529 *** ORDER: The following Notification will be published in the Andhra Pradesh Gazette. NOTIFICATION In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and in supersession of the Andhra Pradesh Transport Subordinate Service Rules, 1984 issued in G.O.Ms.No.130, T,R&B Department dated the 4th April 1984 read with G.O.Ms.No.192, T,R&B (Tr.I) Department dated 7-10-1997 and G.O.Ms.No.1, TR&B Department, dated 3rd January, 1985, the Governor of Andhra Pradesh hereby makes the following Special Rules for the Andhra Pradesh Transport Subordinate Services: RULES 1. SHORT TITLE:These rules may be called the Andhra Pradesh Transport Subordinate Service Rules. 2. CONSTITUTION:The service shall consist of the following categories of posts in the Andhra Pradesh Transport Subordinate Service. Category (1) : Assistant Motor Vehicle Inspectors Category (2) : Mechanics Category (3) : Assistant Mechanics Category (4) : Transport Constables 3. METHOD OF APPOINTMENT: Subject to the other provisions in these rules, the method of appointment for the several Categories shall be as follows:Sl. No. 1 Category Method of appointment Assistant Motor Vehicle Inspector 2 Mechanics 3 4 Assistant Mechanics Transport Constables 1. By direct recruitment or 2. By promotion for the Category of Mechanics 1. By direct recruitment or 2. By promotion from the Category of Assistant mechanics By Direct Recruitment By Direct Recruitment 80 4. APPOINTING AUTHORITY The appointing Authorities for the various Categories of posts covered by these rules shall be as follows:- 1. 2. 3. 4. Category Assistant Motor Vehicle Inspector Mechanics Assistant Mechanics Transport Constable Appointing Authority Additional Transport Commissioner Deputy Transport Commissioner Principal, Government Driving School of the District. Joint Transport Commissioner and Secretary, RTA, Hyderabad. RTO/AS,RTA, concerned 5. RESERVATION OF APPOINTMENT: The rule of special representation (General Rule-22) shall apply to appointments by direct recruitment to the post of Assistant Motor Vehicle Inspectors, Mechanics, Assistant Mechanics and Transport Constables. Provided that no appointment shall be reserved for Physically Handicapped persons and women 6. QUALIFICATIONS:No person shall be eligible for appointment to the Categories specified in Column (1) of the Annexure appended to the rules by the method specified in Column (2) unless he possess the qualifications specified in the corresponding entry in Column (3) thereof 7. AGE: No person shall be eligible for appointment by direct recruitment, unless he has completed 21 years must not have completed 28 years of age on the first day of July of the year in which the selection is made. 8. MINIMUM SERVICE: No person shall be eligible for appointment by promotion unless he has put in not less than three years of service in the Category from which promotion is made. 9. PROBATION: A) Every person appointed by direct recruitment to any of the posts shall, from the date on which he joins duty, be on probation for a total period of two years on duty within a continuous period of three years. B) Every person appointed to any of the posts otherwise than by direct recruitment shall, from the date on which he joins duty be on probation for a total period of one year on duty within a continuous period of two years. 10. A candidate for appointment by direct recruitment to the post of Assistant Motor Vehicle Inspector or Transport Constables shall satisfy the following physical requirements:a) Must not be less than 167.6 cms. In height and must not be less than 86.3 cms. Round the chest on full inspiration with a minimum expansion of 5 cms. Provided that in the case of candidates belonging to Scheduled Tribes and aboriginal tribes where the reserved quota cannot be fully utilised for want of sufficient candidates possessing the requisite physical standards, the physical standards shall be as specified below:- 81 b) Must not be less than 164 cms. In height and must not less than 83.80 cms. Round the chest on full inspiration with a minimum expansion of 5.00 cms. Must be certified to possess the visual standards specified below without glasses:I. Right eye Near vision Left eye : Distance vision 6/6 : 0.5 : 6/6 0.5 (shellen) II. Each eye must have a full field of vision. III. Color blindness, squint or any morbid conditions of the eyes or lids of either eye, knock knees pigeon chest, flat foot, vericose vains, hammer toes, fractured limbs, and decayed teeth shall be deemed to be a disqualification. 11.(a) Every person selected and appointed as Assistant Motor Vehicle Inspector or Transport Constable by direct recruitment shall undergo immediately after appointment, a course of training for a period of three months as per the programme prescribed by the Transport Commissioner. (b) Every person appointed by direct recruitment to any of the posts shall, before the commencement of training execute an agreement bond that he shall serve the Department for a minimum period of three years after the completion of training referred to in SubRule (a). A person will be liable to refund to the Government the pay and allowance or any other remuneration received by him in addition to the amount spent by the Government on his training if. i) he fails to serve the Department for a minimum period of three years after the completion of his training for any reason; OR ii) he discontinues the training or is discharged from training course for misconduct or any other reason OR iii) he secures any other employment elsewhere than under the State Government. a) The period of training shall count for purpose of probation, increments, leave and pension. b) A direct recruitment appointed to the service shall be eligible during the period of training for the initial pay with usual allowances admissible at the place of training. 11. TESTS:Every person appointed by direct recruitment to the Category of Assistant Motor Vehicle Inspector shall within the period of probation pass the following tests, namely:i) The Motor Vehicles Act, 1988 (Central Act 59 of 1988) the Andhra Pradesh Motor Vehicle Taxation Act, 1963 and the rules made under the said Acts and the Andhra Pradesh Revenue Recovery Act, 1864. ii) The Code of Criminal Procedure, 1975 (Central Act 2 of 1974) and the Criminal Rules of Practice and the District office Manual. iii) Accounts Test for the Executive Officers, or the Account Test for the Subordinate Officers Part-I and Part-II. Provided that the mechanics promoted to the post of Assistant Motor Vehicle Inspector shall pass the tests in any of the first three examinations held after their promotion. The promotees shall be required to pass the newly prescribed tests within the period of probation or within one year or in one of the first two examinations held after such promotion which ever is earlier. 82 13. UNIT OF APPOINTMENT:For purposes of recruitment, appointment, discharges for want of vacancy, reappointment, seniority, promotion, transfer and posting and appointment as full member to the post specified in column (2) of the table below the unit of appointment shall be as specified:CATEGORY OF POST ZONE UNIT OF APPOINTMENT Category – 1 Assistant Motor Vehicle Inspectors Zone –I Srikakulam. Vizianagaram, and Visakha-patnam Districts. Zone – II East Godavari, West Godavari, Krishna Districts. Zone –III Guntur, Prakasam and Nellore Districts. Zone – IV Chittoor, Cuddapah, Anantapur and Kurnool Districts. Zone-V Adilabad, Karimnagar, Warangal, and Khammam Districts. Zone- VI Hyderabad, Nizamabad, Mahaboobnagar, Medak and R.R. Districts. Category – 2 Mechanics Category –3 Assistant Mechanics Each Revenue Districts Category –4 Transport Constables 12. POSTING AND TRANSFERS:The Authorities competent to effect postings and transfers of the persons covered by these rules shall be the Appointing Authorities specified in column (2) of rule 4. (BY ORDER AND IN THE NAME OF THE GOVERNAR OF ANDHRA PRADESH) JANAKI R. KONDAPI, Secretary to Government. OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Endt. R.No.769834/C3/86 Dated : 15-6-1999 “Communicated” Sd/- N.V.SUBBA RAO, For Transport Commissioner. 83 ANNEXURE METHOD OF CATEGORY APPOINTQUALIFICATIONS MENT I. Assistant Motor By Direct No person shall be eligible for appointment to this post unless Vehicle Inspector Recruitment he possess the following qualifications, namely:1) Must hold a degree in Mechanical Engineering or Automobile Engineering of a University in India established to incorporated by or under a Central Act or a Provincial Act or a State Act or Institutions recognised by the University Grants Commission or any equivalent qualification Or 2) By Promotion 1. 2 2. Mechanics By Direct 1. Recruitment 2. 3.Assistant Mechanics. By direct Recruitment 1. 2. 4.Transport Constable By Direct 1. Recruitment 2. Must hold a Diploma in automobile Engineering granted by the State Board of Technical Education and Training, Andhra Pradesh of Technological Diploma Examination Board, Hyderabad or any other equivalent qualification. Must hold a motor Driving License and have experience in driving Motor Vehicles for a period of not less than three years and possess Heavy Transport Vehicles Endorsement. Provided that where person with three years experience in driving Motor Vehicles are not available persons with two years experience in driving Motor Vehicles may be appointed. Must posses a Diploma in Automobile Engineering issued by the State Board of Technical Education and Training, Andhra Pradesh or any other qualification recognised as equivalent thereto. Must hold a motor driving license and have experience in driving Motor Vehicles for a period of not less than two years and possess Heavy Transport Vehicles endorsement. Must posses an I.T.I Certificate in Craftsmanship in the Motor Mechanism. Must hold a LMV Driving License and have experience in driving Motor Vehicles of not less than one year. Must possess in I.T.I Certificate in Craftsmanship in the motor mechanism. Must hold a LMV Driving License and have experience in driving Motor Vehicles of not less than one year. Must have passed the Matriculation or SSC or its equivalent examination on the dates of Notification of the vacancy. Must hold a Motor Driving license to drive Light Motor Vehicles. JANAKI R. KONDAPI Secretary to Government. 84 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES – Amendment to certain Rules of Andhra Pradesh Motor Vehicles Rules 1989 based on the recommendation of the Committee on Sub-ordinate Legislature in their first report – Notification – Issued. --------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.130 Dated: 9-6-1999. Read the following:- 1. First Report of the Committee on Sub-ordinate Legislature presented to he Assembly on 28.9.1992. 2. From the T.C., A.P., Hyd., Letter No.23236/D1/93, dated 9-2-1994 and 31-3-1999. *** ORDER: The following notification will be published in the Extra-ordinary issue of Andhra Pradesh Gazette, dated 15-6-1999. NOTIFICATION In exercise of the powers conferred under section 28 of the Motor Vehicles Act, 1988 (Act 59 of 1988) the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Motor Vehicles Rules 1989 issued in G.O.Rt.No.216, T.R&B (Tr.II) Department, dated the 7th August, 1989 and published in part-I, extra-ordinary issue of Andhra Pradesh Gazette dated the 25th August, 1989. AMENDMENT 1. In the said rules, for rule 5, the following shall be substituted namely:- “5. Rejection of Authorisation Procedure: If the Licensing Authority intends to reject an application for authorisation, it shall inform the reasons thereof in writing and give the applicant an opportunity to submit his reply within 10 days from the date of receipt of the Memo and then dispose of the application duly returning the driving licence”. 2. In rule 11, for sub-rule (3), the following shall be substituted, namely:- “3. The appellate authority after giving an opportunity to the parties of being heard setting a time limit of (3) months and after such further enquiries, if any, as it may deem necessary, may confirm, modify or set aside the order appealed against and shall make an order accordingly”. 3. To rule 14, the words “within one week” shall be added at the end. 4. In rule 68, to sub-rule (2), the words “within one week” shall be added at the end. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. 85 GOVERNMENT OF ANDRHA PRADESH ABSTRACT Motor Vehicles Act and Rules – Introduction of Sleeper Bus Service – Amendment to the Andhra Pradesh Motor Vehicles Rules, 1989 – Draft confirmed Notification – Issued. ----------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.134 Dated: 14-6-1999 Read the following:- G.O.Rt.No.485, T.R&B (Tr.II) Dept., dated 5-6-1998. *** ORDER: The following notification will be published in the Extra-ordinary issue of the Andhra Pradesh Gazette dated the 25-6-1999. NOTIFICATION In exercise of the powers conferred by section 111 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Motor Vehicles Rules, 1989 issued in G.O.Ms.No.216, Transport, Roads & Buildings (Tr.II) Department dated the 7th August, 1989 and published at pages 1-315 of the Rules supplement to Part-I of the Andhra Pradesh Gazette, dated the 25th August, 1989, the same having been previously published as required by sub-section (1) of section 212 of the said Act. AMENDMENT In the said rules: 1. in sub-rule (1) of rule 2, after clause (1), the following shall be inserted, namely:(1a) “Sleeper Bus” means a stage carriage constructed or adapted to carry more than six passengers (excluding Driver) with facility of comfortable sleep on a berth, for hire or reward at a separate fare paid by or for individual passenger either for whole journey or the stages of the journey. (1b) “Sleeper Coach” means a contract carriage constructed or adapted to carry more than six (6) passengers (excluding driver ) with facility of comfortable sleep on berth for hire or reward and is engaged under a contract whether expressed or implied for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by an owner/organisation whose fleet exceeds 2000, and with a holder of a permit in relation to such vehicle or any person authorised by him them in this behalf on a fixed or an agreed rate of sum, (i) on a time basis whether or not with reference to any route or distance, or (ii) from one point to another and in either case without stopping to pick-up or get down passengers not included in the contract any where during the journey. 2. in sub-rule (1) of rule 331, after clause (iv), following shall be added, namely:- “(v) When the berths are placed across the vehicle and are facing each other, there shall be a clear space excluding padding and upholstery between the surface of any portion of the berth against which the back of the passenger is to rest and the surface of the corresponding portion of the berth facing it of a minimum width of 1.2 mts. and a clear space excluding padding and upholstery between the facing seats of a minimum width of 0.3 mts”. 86 3. in rule 346, after clause (iv), the following shall be inserted, namely:- “(v) In the case of Sleeper bus or coach not less than 1.9 meters and not more than 2.15 meters”. 4. After rule 351, the following shall be inserted namely:“351-A- Special provisions for sleeper bus or coach.:A sleeper bus or coach shall conform to the following specifications, namely:(1) The vehicle shall have a front entrance-cum-exit door on left side operated by driver/attendant equipped with assist rails in front of the front axle. (2) The over-all height of the vehicle shall have a maximum of 3.8 meters including A.C. hood. (3) The interior height of the vehicle shall have maximum of 2.15 meters (need-r com). (4) Roof ceiling shall be provided with soft material or equivalent material like ABS plastic to prevent impact. (5) The maximum height of the each step shall be 250 millimeters. The minimum depth shall be 230 millimeters. All the steps shall be provided with non-slip treads. (6) The total saloon interior length shall not be less than 9.2 meters. (7) Each Saloon or coupe shall accommodate four berths. accommodate, four (4) passengers only. (8) The width of each saloon or coupe shall not be less than 1.54 meters. (9) The width of the Gangway shall not be less than 600 millimeters and it shall be off side of the coupe behind the driver. (10) Mild steel rectangular structural members shall be used for bus body building. (11) The width of the upper berth shall not be less than 560 mm and that of the lower berth shall not be less than 625 mm and the back squads when unfolded shall form a berth. (12) The leg room between seats shall not be less than 350 mm. (13) The width of the partition wall of the coupe shall not be less than 40 mm and the structures are framed with Mild steel rectangular tubes of 40 x 30 x 2 mm with a neat covering. (14) The thickness of each seat shall not be less than 75 mm for sitting and minimum thickness of 150 mm after forming into the berth. (15) The thickness of upper berth shall not be less than 65 mm and should be also covered with neat fabric. (16) The lower berth shall be fixed at a minimum height of 450 mm from the floor. During day travel it shall 87 (17) The clear head room for seating passengers shall not be less than 850 mm. (18) The clear head room for the upper berth shall not be less than 650 mm. (19) Optional chain in the middle or longitudinal guard between the two chains shall be provided for upper berth. (20) The upper berth shall be pivot mounted at the partition and suspended by 2 bright steel chains mounted on hinges on berths. These chains will be fixed rigidly by means of bolting and welding to the roof structural members. The chain shall be located to ensure that the sum total of the overhand position shall not exceed the centre to centre distance of chains measured along the axis of the berths. (21) Individual windows for lower and upper berths shall be provided and the lower windowsill shall be at minimum height of 725 mm from the floor. (22) Ladder steps for upper berth shall be provided and it shall be fixed at a minimum height of minimum 150 mm and the distance between each step shall be 300 mm. (23) The length of each berth shall not be less than 1750 mm. (24) An assist handle shall be provided for comfortable occupation of the upper berth at a convenient height. There shall be shoulder room not less than 350 mm. The shoulder room is measured between the upper berths after unfolding the back squab. (25) (26) The distance between the berths facing each other shall be minimum of 300 mm. (27) No seat shall be permitted to be fitted in the gangway. (28) There shall also be sufficient space underneath the lower berth for keeping the luggage. Wire ropes are to be provided for fastening the luggage. (29) Hayracks inside the saloon shall not be permitted. (30) The vehicle shall have wavelet suspension or combination of both. (31) The vehicle shall be fitted with power steering mechanism. (32) Emergency exit shall be provided at the rear. (33) Reflective tape of canary yellow colour of 50 mm width shall be provided at rear and front side at skirt level on bumper. (34) The vehicle shall have an attendant to take care of passengers in addition to the driver or conductor. Each berth shall be provided with seat fabric covering which shall be capable of being kept in a neat and sanitary condition. (35) 88 (36) One pillow and 2 neat linen shall be provided to each passenger (one for wrapping and another for preading). (37) Fire extinguisher shall be provided. (38) First Aid box with necessary medicines shall be provided and it shall be checked every fortnight for its contents and the validity of medicines. (39) Guard to be provided for lower berth in line with upper berths with chain. (40) Safety guards covered with soft material on either side of the upper berths shall be provided. (41) Magazine pouches shall be provided at convenient location. Bottle holders shall also be provided. (42) Drinking water shall be provided with icebox. (43) Sliding curtains shall be provided for each coupe and windows. (44) Electrically operated calling bell shall be provided for each coupe. (45) Night lamps preferably in blue colour shall be provided in the gangway and also in coupe. (46) Sliding window shall be provided to the driver partition immediately behind the driver. (47) Individual reading light at convenient location for each berth shall be provided. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. 89 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES ACT, 1988 – Fixation of fare in respect of sleeper Coach Bus Services operated by Andhra Pradesh State Road Transport Corporation under Section 67 (1) (d) (I) of the Act – Directions to the State Transport Authority – Orders – Issued. TRANSPORT, ROADS, BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.162. Dated: 15-7-1999. Read the following:- 1. G.O.Ms.No.179, T, R&B (Tr.II) Department, dt.12-9-1997. 2. From the V.C. & M.D., APSRTC, Lr.No.P5/160 (6)/97-OPD (P), dt.25-7-1998. *** ORDER: Fixation of areas in respect of all services of Andhra Pradesh State Road Transport Corporation has been ordered in G.O.Ms.No.179, Transport, Roads & Buildings, (Tr.II) Department, dt.12-9-1997. In his letter 2nd read above, the Vice Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation, Hyderabad has submitted proposals for fixation of fares in respect of sleeper coach buses being introduced by the corporations. After careful consideration, Government have decided to fix the fares in respect of sleeper coach services. The following Notification will be published in Extra-Ordinary issue of Andhra Pradesh Gazette dated: 31-7-1999. NOTIFICATION In exercise of the powers conferred by clause (I) of Sub-Section (1) (a) of Section 67 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Government of Andhra Pradesh hereby issued by the following directions to the State Transport Authorities in the State regarding the fixation of fares for state Carriages registered in the state of Andhra Pradesh. DIRECTION The State Transport Authority, and the Regional Transport Authority in fixing the fares chargeable for journeys performed in the state Carriages operated in the State shall observe the principles mentioned below:Sl. No. Type of Service Fare to be charges per km. 1 A/C Sleeper Coach Rs.1.50 2 Non A/C Sleeper Coach Rs.1.00 (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) Sd/- JANAKI R. KONDAPI SECRETARY TO GOVERNMENT OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Endt No. 9924/D1/99 Dated : 21-08-1999 “Communicated” Sd/- V.MALYADRI, For Transport Commissioner. 90 Copy of : IN THE HIGH COURT OF JUDICATURE : ANDHRA PRADESH : AT HYDERABAD (Special original jurisdiction) THURESDAY THE FIFTEENTH DAY OF JULY ONE THOUSAND NINE HUNDRED AND NINETY NINE PRESENT THE HONOURABLE MR. JUSTICE B.S.A. SWAMY WRIT PETITION NO. 12787 OF 1999 Between : S.M. Haneef Petitioner. And 1. The Transport Commissioner, Government of Andhra Pradesh, Hyderabad. 2. The Secretary, Regional Transport Authority, Khairathabad, Hyderabad. 3. The Asst. Secretary, Regional Transport Authority (South Zone) Behadurpura, Hyderabad. Respondents Petition under article 226 of the Constitution of praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of a way of mandamus, declaring the action of the 2nd respondent is not issuing special permits as per applications, under Section 88 (8) of M.V.A Category as illegal, arbitrary, unjust contract special permits under Section 88 (8) if M.V. Act forthwith to the Vehicles of the petitioner FOR THE PETITIONER: Mr. B.SIVARAMA KRISHNAIAH, ADVOCATE FOR THE RESPONDENTS: G.P. FOR TRANSPORT THE COURT MADE THE FOLLOWING ORDER: (The Hon’ble Sri Justice B.S.A. Swamy) Aggrieved by the action of the respondents in not granting special permit under Section 88 (8) of the Motor Vehicles Act, 1988, for the idle Vehicles owned by the petitioner, from time to time, the present writ petition has been filed. Heard the Government Pleader for Transport. In the counter filed by the respondents it is stated that the Vehicles owned by the petitioner are covered by All India Tourist Permits, which are going to expire in the year 2000. As long as the Vehicles are covered by All India Tourist Permits, the petitioner has to pay tax per Vehicle at 91 the rate of Rs.2,500/- per seat per quarter which comes to Rs.85,000/- per quarter. But, subsequently, the petitioner got concealed the All India Tourist Permit on 5-8-1998 on the ground that there was no tourist business. It is the case of the respondents that to avoid tax, the petitioner adapted this method of plying the Vehicle continuously on the route, Hyderabad to Bombay and vive-vice by obtaining Temporary Permits/ Special Permits, whereby he was paying the tax of Rs.34,000/- per quarter. It is also the case of the respondents that the Vehicles are found plying continuously on the route Hyderabad to Bombay and there is every suspicion that the petitioner is plying the vehicle as a State Carriage than a Contract Carriage. The refused contact respondent counsel further contended that the respondent never referred to grant of special Permits but only directed the Motor Vehicle Inspector to contact the contractor who engaged the vehicle and submit a report. In mean time, the petitioner rushed to this court without waiting for the orders passed by the respondents. As per the version of the respondents, they cannot grant Permits unless they are satisfied about the genuineness of the contracting party and whether the vehicle is likely to carry passengers from one point to another without stopping, without picking up or allowing the commuters to get down, included in the contract entered and the Authorities have to take necessary precautions to prevent pilferage of revenues to the Government. Both the parties agreed that under Section 88 (8) of the Act, the State Transport Authority of a region has to consider the grant of Special Permit, subject to the Rules, made by the Central Government under the Act. But, as no rules have been framed under this Section for grant of Special Permits left to the discretion of the Authorities concerned. Hence the council for the petitioner submits that unless certain guidelines are issued by the High Court, the harassment that is being meted out to the operators cannot be minimised. In the light of the submissions made by both the parties, I am inclined to pass the following order: The Supreme Court in ACHYUT SHIVRAM GOKKALE VS… Regional Transport Officers & Others (1) Held that Contract Carriage Permits and Special Permit are not one and same and a special Permit is ordinarily taken to meet a need that exists for a few days like carrying a marriage party or persons going on a pilgrimage etc. in other words while the Contract Carriages Permits cover for the whole quarter for the tax paid, under a special Permit the owner of an idle vehicle has to pay tax at a concession rate of required by taxation Act. A look at Sub-Section 8 of Section 88 of the Act makes it clear that special Permits can be granted for the convenience of the public transport, any public service vehicles for Carrying passengers for cash or reward, express or implied for the use of the vehicle as a whole. While a Contract Carriage Permit issued by a Regional Transport Authority of any one region is not valid in any other region unless the permit has been countersigned by the Regional Transport Authority of the other region as provided under Section 63 (1) a special Permits issued by one Regional Transport Authority under Section 63 (6) is valid by any other region or State without the countersignature of the Regional Transport Authority of the other region or the other State as the case may be. An idle vehicle has to be engaged by the contractor as a whole under a Contract the same being express or implied by a passenger or passengers and the vehicles so engaged shall not stop to pick up or set down passengers not included in the Contract along the line of route. This court considering a similar situation with regard to Contract Carriages has taken the view that the contractor while applying for a permit shall file a list of passengers before the Authorities along with the application. The counsel for the petitioner contends that permit has to be issued immediately on the basis of the list of passengers filed by the Contract along with the application without verifying its genuinely. I am afraid, I cannot accept the contention raised by the counsel for the petitioner, in the light of the language of Sub-Section 8 of Section 88 of the 92 Act, without going into the merits or demerits of the rival contentions, I am inclined to direct the respondents to consider the applications of the operators for grant of special permits on fulfillment of the following conditions:1. The operator has to file an application seeking special Permit with the Contract entered into between him and the Contractor duly enclosing the list of passengers, at least 24 hours before the commencement of journey, unless special circumstances exist. As and when special circumstances exist, it is always open to the Authorities concerned to relax the time limit for submitting the application. After receipt of the application, the Authorities concerned shall complete the enquiry as expeditiously as possible and see that permission is accorded to the operator atleast three hours before commencement of the journey. 2. The Commuters travelling in the vehicle should belong to one homogeneous group and they should undertake the journey for a common purpose. 3. The driver shall always keep the list of passengers along with the vehicle till the vehicle completes the trip as shown in the special permit. 4. The entire party shall travel point to point. Of course, if any of the passengers wants to get down enroute, it is always open to him to do so, but the operators shall not pick up any passenger in place of the person who got down. With the above directions and guidelines the writ petition is disposed of. Sd/- BH. SADASIVA SARMA Assistant Registrar. OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD L.Dis.Endt.No.11210/L2/99 Dated : 7-9-99 “COMMUNICATED” Superintendent 93 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Motor Vehicles Act 1988 – Andhra Pradesh Motor Vehicles Rules, 1989 – Amendment to rule 132 of Andhra Pradesh Motor Vehicles Rules, 1989 by way of substitution – Draft Notification – Issued. ----------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS AND BUILDINGS (TR.II) DEPARTMENT G.O.Rt.No.715 Dated: 17-7-1999. From the Transport Commissioner, Andhra Pradesh, Hyderabad, Letter No.4633/D1/99, Dated: 9-7-1999. *** ORDER: The following notification will be published in the Extra-ordinary issue of A.P.Gazette dated the 24th July, 1999. NOTIFICATION The following draft of an amendment to the Andhra Pradesh Motor Vehicles Rules, 1989, published with G.O.Ms.No.216, Transport Roads & Buildings (Tr.II) Department, dated the 7 th August, 1989 and published at pages 1-315 of the Rules supplement to Part-I Extra-ordinary issue of the Andhra Pradesh Gazette, dated the 25th August, 1989, which it is proposed to make in exercise of the powers conferred by section 96 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) is hereby published for the information of persons likely to be affected thereby as required by sub-section(1) of section 212 of the said Act. Notice is hereby given that the said draft will be taken into consideration after the expiry of thirty days from the date of its publication in Andhra Pradesh Gazette. Any objections or suggestions which may be received from any person with respect thereto before the expiry of the period specified above will be considered by the Government of Andhra Pradesh. Objections and suggestions should be addressed to the Secretary to Government, Transport, Roads & Buildings Department, Secretariat, Hyderabad-500 022, in duplicate. DRAFT AMENDMENT In the said rules, for rule 132 of the said rules, the following shall be substituted; namely:“The Regional Transport Authority shall meet not less than once in three months on such date and at such time and place as may be determined by the Chairman, and on such other occasions, so determined as may be necessary for the prompt despatch of business”. Provided that the Regional Transport Authority shall meet before the aforesaid stipulated time if the total number of applications are more than fifty (50) for prompt disposal of the business; Provided further that adequate notice of such meetings and of business to be transacted thereat shall be given for information of such persons who being interested in the particular business to be transacted may in the opinion of the Regional Transport Authority or of its Secretary reasonably claim to be permitted to attend for the purpose of making representations. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. 94 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES ACT, 1988 – Andhra Pradesh Motor Vehicles Rules, 1989 – Amendment to Andhra Pradesh Motor Vehicles Rules on Registration of New Model Vehicles – Draft Confirmed – Notification – Issued. --------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.164 Dated: 22-7-1999. Read the following:1. G.O.Rt.No.332, Transport, R&B (Tr.II) Department, dated: 13-04-1999. 2. From the T.C., Andhra Pradesh, Hyderabad, Lr.No.14344/D1/95, dated: 14-06-1999. *** O R D E R: The following notification will be published in the Extra-ordinary issue of Andhra Pradesh Gazette dated 01-08-1999. NOTIFICATION In exercise of the powers conferred by section 65 read with section 39 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Motor Vehicles Rules, 1989 published with the Transport, Roads and Buildings (Tr.II) Department, notification, dated the 7th August, 1989 at pages 1-315 of the rules supplement to part-I of the Andhra Pradesh Gazette, dated the 25th August, 1989 the same having been previously published as required by sub-section (1) of section 212 of the said Act. AMENDMENT In the said rules, after rule 83 the following rule shall be inserted namely:“83-A Communication of certificates of Central Government agencies of Motor Vehicles for Registration : (1) Every manufacturer should file an application to the Transport Commissioner enclosing the certificate obtained from the Central Government agencies under rule 126 of Central Motor Vehicles Rules, 1989 for communicating the same to all the Registering Authorities in the State for registration of a new model or its variants; (2) Every application under sub-rule (1) above shall be accompanied with a fee of Rs.2,000/(Rupees Two Thousand) for each model or its variant. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNEMNT. OFFICE OF THE TRANSPORT COMMISSIONER:: A.P.::HYDERABAD. Endt .No.14344/D1/95 Dated : 26-7-1999. Communicated for information and necessary action. Sd/- T.KRISHNA REDDY, FOR TRANSPORT COMMISSIONER. 95 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES TAXATION – Goods Carriages plying under the National permits – Payment of composite tax per annum in lumpsum – Notification – Issued. --------------------------------------------------------------------------------------------------------------------TRANSPORT ROADS AND BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.173 Dated: 7-8-99. Read the following:1.G.O.Ms.No.214, Tr.R&B (Tr.II) Dept., Dt.26-10-93. 2.From the T.C. Lr.No.19862/N1/98, Dated: 12-02-99. *** ORDER: The following notification shall be published in an Extra-Ordinary issue of Andhra Pradesh Gazette dated the 13th day of August 1999. NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 9 of A.P.M.V. Taxation Act, 1963, (Act 5 of 1963) and in supercession of the notification issued in G.O.Ms.No.214, Transport R&B (Tr.II) Department, dated 26-10-93, the Governor of Andhra Pradesh hereby directs that the composite tax of Rs.3,000/- (Rupees Three Thousand Only) per annum for plying in a State and Rs.1,500/- (Rupees Fifteen Hundred Only) per annum for plying in a Union Territory shall be levied with effect from the date of publication of this notification in the official Gazette irrespective of the laden weight, on every goods carriages which are registered and normally kept for use in any of the other States including the Union Territories of India and covered by a National permit and authorised to ply in Andhra Pradesh State under sub-section (12) of section 88 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) read with sub-rule (3) of rule 87 of the Central Motor Vehicles Rules, 1989. Provided that if any other State or Union Territory levies composite tax more than the said amounts specified in respect of goods carriages registered in the State of A.P. and authorised to ply in any such States or Union Territories of India and covered by National Permits, the goods carriages registered in such State or Union Territory and covered by National Permits and authorised to ply in the State of Andhra Pradesh shall pay composite tax at those rates to A.P. State and the amount shall be remitted to the Secretary, State Transport Authority, Hyderabad by means of crossed Demand Draft. PROVIDED FURTHER THAT 1. The payment of the said annual tax inrespect of vehicle covered by National Permit shall be paid on annual basis in one lumpsum for a period of one year from the date of National Permit/Authorisation issued. 2. The tax leviable inrespect of every such goods carriage under any law for the time being in force shall have been paid in full in accordance with the Home State tax for the relevant period. 3. No refund of tax paid under this notification shall be allowed under any circumstances. 4. The tax on multi axle vehicles shall be 25% less than the rate applicable for conventional two-axle vehicle. This concessional rate of the tax is applicable only to those States which granted similar concessional rate of tax. 5. If the tax is not paid within the period, penalty at the rate of Rs.100/- (Rupees One Hundred Only) per month shall be levied. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. 96 OVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES ACT 1988 – Notification under Rule 9(1) of Central Motor Vehicles Rules, 1989 – Amendment to Notification – Issued. --------------------------------------------------------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Rt.No.375 1. 2. 3. 4. Dated: 20-9-1999. Read the following:- G.O.Rt.No.946, T.R&B (Tr.II) Dept., dt.13-9-1994. G.O.Rt.No.90, T.R&B Dept., dt.7-2-1995. G.O.Rt.No.365, T.R&B Dept., dt.10-5-1995. From the T.C., A.P., Hyd., Lr.No.939/D1/99, dt.21-8-1999. *** ORDER: In the letter 4th read above, the Transport Commissioner, Andhra Pradesh, Hyderabad has requested, the Government to recognise the training schools of Bharat Petroleum Corporation Limited, Chennai situated at Nizamabad, Warangal, Rajahmundry, Kurnool, Cherlapalli and Visakhapatnam for imparting Training to the drivers of goods carriages carrying dangerous and hazardous goods under Rule 9(1) of Central Motor Vehicles Rule, 1989, since they have arranged all the necessary equipment as per the requirements of Central Motor Vehicles Rules in their Driving Schools at the above Centers for the above purpose. In the circumstances, Government agree to their request and issue the following further amendment to the Notification issued in the G.O. 1st read above:NOTIFICATION The following entry shall be added as item (6) after the existing entries in the notification issued in the G.O.Rt.No.946, Transport, Roads & Buildings (Tr.II) Department, dated 13-9-1994, as amended subsequently in G.O.Rt.No.90 and 365, Transport, Roads & Buildings (Tr.II) Department, dated 7-2-1995 and 10-5-1995 respectively. “6. Driving Schools of Bharat Petroleum Corporation Limited, Chennai at Nizamabad, Warangal, Rajahmundry, Kurnool, Cherlapalli, & Visakhapatnam”. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH JANAKI R.KONDAPI, SECRETARY TO GOVERNMENT. ----------------OFFICE OF THE TRANSPORT COMMISSIONER:ANDHRA PRADESH:HYDERABAD Endt.No.13157/D1/99 Dated:6.10.1999. “Communicated: Sd/-M.Ratnamanikyam, For Transport Commissioner. 97 GOVERNMENT OF ANDHRA PRADESH ABSTRACT ESTABLISHMENT – Transport Department – Re-Organisation of the Posts of Deputy Transport Commissioners – Orders – Issued. ----------------- --------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.1 Dated. 03-01-2000 Read the following:- 1.G.O.Ms.No.151, T, R&B(Tr.II) Department, dt. : 9-7-1999. 2.G.O.Ms.No.152, T, R&B (Tr.II) Department, dt : 9-7-1999. 3.From the T.C.A.P., Hyderabad Lr.No.21028/C4/96,d t. 3-9-1999. *** O R D E R :In view of the Circumstances stated by the Transport Commissioner, Andhra Pradesh, Hyderabad, in his letter 3rd cited read above, Government hereby accord permission for adopting the revised pattern of re-organisation of the Department as proposed by him in the reference 3rd cited and mentioned in the annexure with the following modifications:Present supervisory Deputy Transport Commissioner, Kurnool having jurisdiction over Kurnool and Cuddapah and Anantapur Districts shall function as Deputy Transport Commissioner and Secretary, Regional Transport Authority, Kurnool, He shall also supervise Anantapur District. Present Regional Transport Officer, Kurnool shall function from the Office of the Deputy Transport Commissioner, Kurnool. By re-organisation, Deputy Transport Commissioners, Office, Kurnool and Regional Transport Officer’s Office, Kurnool shall be merged into one. Cuddapah district now supervised by Deputy Transport Commissioner, Kurnool, shall be supervised by Dy. Transport Commissioner, Chittoor The Transport Commissioner, Andhra Pradesh, Hyderabad shall take necessary action accordingly. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) Sd/- JANAKI R.KONDAPI. Secretary to Government. 98 ANNEXURE – I Sl. No District 1 2 ZONE – I 1 SRIKAKULAM 2 VIZIANAGARAM RTO b) DTC 3 VISAKHAPATNAM ZONE – II 4 EAST– GODAVARI 5 WEST– GODAVARI 6 KRISHNA ZONE – III 7 GUNTUR 8 PRAKASAM Present Structure Proposed Structure 3 4 *Presently headed by RTO and functioning as Secretary, RTA. *Supervised by DTC, Vizianagaram. The district will be headed by DTC and function as Secretary, RTA. *Present post of RTO is retained and will function as RTO and Asst. Secretary, RTA *Presently headed by RTO * There is no change in and functioning as the setup of RTO Office Secretary RTA *The post of DTC is *Supervised by DTC, shifted to Srikakulam Vizianagaram. *Presently a supervisory * No Post officer for the districts of Srikakulam & Vizianagaram. *Presently headed by DTC * No change in the setup and functioning as Secretary, RTA. Change functions territorial Jurisdiction. 5 in and The DTC will also supervise RTO Office, Vizianagaram Continue to function as Secretary, RTA. Supervised by DTC Srikakulam, The post of which is shifted from Vizianagaram. *Presently headed by DTC * No change in the setup. and functioning as Secretary, RTA. *Presently headed by DTC * No change in the setup and functioning as Secretary, RTA. *Presently headed by DTC * No change in the setup and functioning as Secretary, RTA. *Presently headed by RTO and functioning as Secretary RTA. *Presently headed by RTO and functioning as Secretary RTA. Supervised Nellore. by DTC, * No change in the setup *There is no change in Continues, to the setup of RTO, Office. function as * No change. Secretary, RTA. 99 9 NELLORE a) b) ZONE-IV 10 CHITTOOR 11 CUDDAPAH ZONE – V 12 WARANGAL a) 12 *presently headed by RTO and functioning as Secretary, RTA. Supervised by DTC, Nellore. Presently a Supervisory Officer for the Districts of Nellore & Prakasam. *The District will be headed by DTC and function as Secretary, RTA. * Present post of RTO is retained & will function as RTO and Asst. Secretary RTA. *Post is retained at Nellore as Secretary, RTA. * DTC, Nellore, will also function as Supervisory Officer for the Office of RTO, Prakasam. * Presently headedby DTC * No change in In addition to functioning and functioning as the setup of as Secretary, RTA, Secretary, RTA. office of DTC Chittoor, he would also and Secretary, function as supervisory RTA. officer for RTO, Cuddapah. * Presently headed by * There is no Continuous to function as RTO and functioning as change in the Secretary, RTA. Secretary, RTA. setup of RTO Supervised by DTC., * Supervised by DTC, Office. Chittoor. Kurnool. * The Office will be supervised by DTC, Chittoor. * Presently headed by RTO and functioning as Secretary, RTA. Supervised by DTC, Warangal b) *Presently a supervisory officer for the districts of Warangal, Khammam, Karim-nagar and Adilabad. KHAMMAM *Presently headed by RTO and functioning as Secretary, RTA. *Supervised by DTC, Warangal * The District will be headed by DTC and function as Secretary, RTA. * Presently post of RTO is retained and will function as RTO and Asst. Secretary, RTA. * Post is retained at Warangal to Function as Secretary, RTA. *There is no change in the setup of RTO., Office No change DTC, Warangal will also function as Supervisory officer for the Office of RTO. Khammam. Continues to function as Secretary, RTA. 100 13 KARIMNAGAR 14 ADILABAD ZONE – VI 15 HYDERABAD 16 RANGAREDDY *Presently headed by RTO and functioning as Secretary, RTA. *Supervised by DTC, Warangal. *The district will be headed by DTC, by shifting the post of DTC (Act & Rules) from the office of the T.C. Hyderabad and he will function as Secretary, RTA. Present post of RTO is retained and will function as RTO and Asst. Secretary, RTA. *Presently headed by RTO *There is no change in and functioning as the setup of RTO Secretary, RTA. Office. *Supervised by DTC, *Supervised by the Warangal. DTC, Karimnagar. * Presently headed by JTC and functioning as Secretary, RTA. * He is assisted by a DTC and 6 RTOs *Presently headed by RTO and functioning as Secretary, RTA, Supervised by DTC (Telangana) Hyderabad. 17 MAHABOOBNAGAR *JTC Continues to head the district as Secretary, RTA. * In addition to the existing officers, he will be assisted by one more RTO by shifting the post of Addl. RTO from the office of RTO, RR, Dist., *The District will be headed by DTC, by shifting the post of DTC (Telengana) and will function as Secretary RTA. *Present post of RTO is retained and will function as RTO and Asst. Secretary, RTA. *The post of Addl. RTO., will be shifted to the office of JTC & SRTA., Hyderabad in Central Zone. *There is no change in the setup of RTO, office Presently headed by RTO and functioning as Secretary, RTA. *Supervised by DTC, (Telangana) *Supervised by DTC, R.R. Dist.,. the The DTC will also supervise RTO office, Adilabad. Continuous to function as Secretary, RTA. Remains Same. the The DTC will also supervise RTO offices of Nalgonda & Mahaboobnagar. Continuous to function as Secretary, RTA. 101 18 19 NALGONDA NIZAMABAD *Presently headed by RTO and functioning as Secretary, RTA, *Supervised by DTC, (Telangana). There is no change in Continues to the setup of RTO func-tion as office. Secretary, RTA. *Presently headed by RTO and functioning as Secretary, RTA. The DTC will also supervise RTO Office Medak *Supervised (Telangana). 20 21 MEDAK DTC, TELANGANA by DTC *Presently headed by RTO and functioning as Secretary, RTA. *Supervised by DTC, (Telangana) * Presently, he is stationed at Hyderabad and functions as a Supervisory officer for the Districts of Nizamabad, Medak, Mahaboobnagar, Nalgonda, and R.R. Districts. *Supervised by the DTC, R.R., Dist. The District will be headed by DTC, the post of which is newly created in G.O.Ms.No.152, T,R&B(Tr.II)Dept., dt.:9-7-99 and he will function as Secretary, RTA. *Present post of RTO is retained and will function as RTO and Asst. Secy. RTA. *There is no change in the setup of RTO office *Supervised by the DTC, Nizamabad. This post will be shifted to R.R. Dist., to function as DTC and Secretary, RTA. Continuous to function as Secretary, RTA. 102 GOVERNMENT OF ANDHRA PRADESH ABSTRACT ANDHRA PRADESH MOTOR VEHICLES TAXATION ACT 1963 - Tax on Goods Carriages covered by Countersignature Permits – Collection of Annual Tax on vehicles registered and kept in Tamilnadu, Karnataka and Maharastra States – Orders – Issued ------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.38 Dated : 22-2-2000 Read the following:G.O.Rt.No.317, T.R&B (Tr.II) Department, dt.6-4-1993. G.O.Ms.No.1054, T.R&B (Tr.I) Department, dt.3-9-1990. G.O.Ms.No.383, T.R&B (Tr.II) Department, Dt.3-10-1985. From the F.C., A.P., Hyderabad, Lr.No.4246/d2/99, Dt 9-6-1999. *** O R D E R:The following Notification will be published in the Extraordinary issue of Andhra Pradesh Gazette dated the 29th February, 2000. NOTIFICATION In exercise of the powers conferred By sub-section (1) of section 9 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963, (Act No.5 of 1963), the Governor of Andhra Pradesh in supercession of the Notifications issued in the G.Os read above hereby directs that a tax of Rs.3,000/- (Rupees three thousand only) per annum or per each State be levied under the said act irrespective of the laden weight on every goods carriage which is registered and normally kept in the States of Tamilnadu, Karnataka, and Maharastra and covered by counter signature of permits and operating on routes lying partly in the State of Tamilnadu/Karnataka/Maharastra and is in force for the time being subject to the conditions specified below:This notification shall be deemed to have come into force on the 1st April, 1999. The Goods Carriages covered by countersignature of permit granted earlier and for which bilateral tax for the year ending 31-3-1999 was paid as per G.O. first read above shall also pay the difference of bilateral tax for the balance of the year with in (30) days from the date of publication of this notification in the official Gazette. The bilateral tax of Rs.3,000/- (Rupees three thousand only) shall be paid in advance in lumpsum before the 15th April of every year failing which an additional sum of Rs.100/- (Rupees one hundred only) for each calendar month of default shall be paid as penalty in addition to the aforesaid tax. Where a fresh countersignature is granted after first quarter of the financial year, the tax shall be paid on pro-rata basis for the remaining quarters, including the quarter in which such fresh countersignature is granted. The amount aforesaid shall be paid in favour of the Secretary, State Transport Authority, Andhra Pradesh, Hyderabad, by means of crossed Demand Draft. The tax leviable in respect of every such goods vehicles under any law for the time being in force has been paid in full in the Home State for the relevant period No refund of tax paid under this notification shall be allowed under any circumstances. No separate tax is payable in respect of another vehicle replacing the existing vehicle during the course of the financial year. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R. KONDAPI, Secretary to Government. 103 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES ACT, 1988 - Andhra Pradesh Motor Vehicle Rules, 1989 – Amendment to rule 217 of Andhra Pradesh Motor Vehicles Rules,1989 – Confirmed – Notification – Issued ------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.44 Dated : 29-2-2000 Read the following:- G.O.Rt.No.401, Transport, Road & Buildings (Tr.II) Department., Dated : 04-05-1999 *** O R D E R :The following notification will be published in the Extra-Ordinary issue of the Andhra Pradesh Gazette dated the 9th March, 2000. NOTIFICATION In exercise of the powers conferred by section 96 of the Motor Vehicle Act, 1988 (Act 59 of 1988), the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Motor Vehicles Rules 1989, issued in G.O.Rt.No.216, Transport, Roads and Buildings (Tr.II) Department, dated the 7th August, 1989 the same having been previously published in the Andhra Pradesh Gazette as required under sub-section (1) of Section 212 of the said Act. AMENDMENT In the said rules, in rule 217; in clause © in the table after item (2) Goods Vehicles, the following item shall be inserted, namely:(2A) Tractor -- Trailers :(a) Overloaded for every 100 Kgs : Rs.5/- (b) Carrying excess persons than the number permitted : Rs.15/- per passenger (c) Plying on a route not authorized by the permit : Rs.125/- (d) Plying without payment of tax : (e) Other offenses : Rs.5/- per item of offence Rs.50/- (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRAPRADESH) JANAKI R.KONDAPI, Secretary to Government. 104 GOVERNMENT OF ANDHRA PRADESH ABSTRACT RULES – Special Rules for the post of AMVI in the Andhra Pradesh Transport Subordinate Services Rules 1999 – Amendment to Rules – Orders – Issued. TRANSPORT, ROADS & BUILDINGS (TRANSPORT) DEPARTMENT G.O.Ms.No.45, Dated: 2-3-2000 Read the following :- 1. G.O.Ms.No. 529, TR&B (Tr.I) Department, dt.1-6-1999. 2. From T.C., Lr.No.13969-98-99, dt.6-1-2000. *** ORDER: The following Notification will be published in the A.P. Gazette. NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers here to enabling, the Governor of Andhra Pradesh hereby makes the following amendments to the special rules for Andhra Pradesh Transport Subordinate Service Rules issued in G.O.Ms.No.529, TR&B (Tr.-I) Department, dt.4-61999. AMENDMENT In the said rules, 1. In rule 6 in the Table against Sl.No.1 under the method of appointment in column (3) after item (ii) the following shall be added namely:(iii) for special reasons appointment by transfer from any other Department of Government of Andhra Pradesh. 2. To rule 7, the following provision shall be added, namely:“Provided that the candidates appointed by transfer from other Departments of Government of Andhra Pradesh should not have completed 45 years of age as on the date of application”. 3. In Rule 10 in the options portion for the words “A candidate for appointment by direct recruitment to the post of Assistant Motor Vehicles Inspector, the words “A candidate for appointment by direct recruitment or appointment by transfer from any other Department to the post of AMVI” shall be substituted. 4) In rule II (a) for Sub-rule (a), the following shall be substituted, namely:(a) every person selected and appointed as Assistant Motor Vehicles Inspector either by direct recruitment or by way of appointment by promotion from Mechanics or appointment by way of transfer from other Department (or) Transport Constables 105 selected and appointed by direct recruitment shall undergo immediately after appointment, a course of training for a period of three months as per the programme prescribed by the Transport Commissioner. (b) In Sub-Rule (b), the words by direct recruitment, shall be omitted. 5) In rule 12 for the proviso, the following shall be substituted namely:- Provided that the Mechanics promoted to the post of Assistant Motor Vehicles Inspector and the persons appointed by transfer from other Departments of Government of Andhra Pradesh shall pass the tests prescribed in any of the first three examinations held after their promotion or appointment by transfer from other Department as the case may be. If they fail to pass the tests as specified above the persons appointed by transfer from other Department will be reverted back to their parent Department. 6) In rule 13, in the Table against category –I under Unit of appointment” in column (2) to Zone VI after the words Ranga Reddy District, the words “Nalgonda District” shall be added. 7)In the Annexure against Category – I under the method of appointment in column (2) the method By Direct Recruitment and the method By Promotion” shall be numbered as Items (i) by direct recruitment” and item(ii) by promotion and after the items as so numbered the following shall be added namely:Method of appointment 1. Appointment by i) transfer from any other Department of Government of Andhra Pradesh ii) Qualifications Must possess a Diploma in Automobile Engineering issued by the State Board of Technical Education of Andhra Pradesh any other qualification recognised as equivalent thereto (OR) Must hold a Diploma in Mechanical Engineering issued by the State Board of Technical Education of Andhra Pradesh or any other qualification recognised as equivalent thereto. Must hold a Motor Driving Licence and have experience in Driving in Motor Vehicles for a period of not less than three years and possess a Heavy Transport Vehicles Endorsement. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R. KONDAPI SECRETARY TO GOVERNMENT 106 GOVERNMENT OF ANDHRA PRADESH ABSTRACT PUBLIC SERVICES – Transport Department – Counseling system for transfers and postings of the personnel of the Department based on the performance orientation – Guidelines approved – Orders – Issued. TRANSPORT, ROADS & BUILDINGS (TR.I) DEPARTMENT G.O.Ms.No.67. Dated: 27-4-2000 Read the following: - 1) 2) 3) 4) From the Transport Commissioner, Lr.No.13082/C3/98-I, dt.28-8-98. Govt. Memo No.14375/Tr.I-1/98-1, dt.28-7-98. Govt. D.O.Lr.No.14375/Tr.I-1/98-3, dt.11-6-99. From the Transport Commissioner, Lr.No.7767/C3/99, dt.15-9-99. *** ORDER:Of late, Government have been contemplating upon the need for performance oriented transfers and postings and merit linked promotions. Consequently, it has been decided by the Government to adopt the system of counseling for postings and transfers for better management of the human resources available, basing on proper evaluation of performance and merit. While effecting transfers and postings, merit and performances would be properly valued and quantifiable criteria would be adopted. Based on the above, the issue of proper guidelines for effecting transfers and postings has been examined at length in consultation with the Transport Commissioner and Government hereby approve the following guidelines for effecting transfers in Transport Department duly adhering to the norms prescribed in Annexures I & II to this orders: (1) The Transport Department is essentially a regulatory Department enforcing the provisions of Motor Vehicles Act, Andhra Pradesh Motor Vehicles Taxation Act and rules made there- under, with emphasis on collection of revenue. To enable the Department to function effectively, it is necessary to have the right personnel posted in the right places. Keeping the above objectives in view, counseling for transfers is proposed in respect of Assistant Motor Vehicle Inspectors, Motor Vehicle Inspectors, Regional Transport Officers and Deputy Transport Commissioners. (2) The Board criteria for the two main categories of a) AMVIs and MVIs b) Officers of and above the rank of Regional Transport Officers are enclosed in Annexure – I and II. It is proposed to collect service particulars from the District Officers wherever not available. The transfers will be made taking into account the record of last three years as the recent performance is a better indicator of the employee rather than a much longer period. As regards the authority to transfer the officials, the following authorities are designated for the purpose. a) Assistant Motor Vehicle Inspectors b) Motor Vehicle Inspectors / RTOs c) Deputy Transport Commissioners ---------- Addl. Transport Commissioner. Transport Commissioner. Government 107 3 However, as far as, Assistant Motor Vehicle Inspectors and Motor Vehicle Inspectors are concerned, it is decided to constitute Zonal level Committees with the Senior Deputy Transport Commissioners of the zone as the transferring authority, the Regional Transport Officers/Deputy Transport Commissioners of the zone and the local (Zonal) representatives of the Motor Vehicles Inspectors Association for effecting the transfers on the basis of counseling. The particulars in the proforma prescribed for Deputy Transport Commissioner and Joint Transport Commissioner and Secretary, Regional Transport Authority, Hyderabad shall be furnished to Government within 3 months time to help the Government to take a decision on transfers during the next year, namely, May/June 2000. The Transport Commissioner is requested to adhere to the above guidelines while effecting transfers in the Transport Department. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R. KONDAPI SECRETARY TO GOVERNMENT 108 ANNEXURE – I CRITERIA FOR ASSESSMENT OF WORK BY AMVIs/MVIs CRITERIA 1. Tax & penalty by detection for every Rs.50,000/- achievement Credit percentages 1% 25% 2. Compounding fee u/s 200 of M.V. Act for every Rs.50,000/achievement 1% 25% 3 No. of V.C.Rs prepared on Motor Vehicles plying without permit and fitness Certificate, plying on unauthorised routes, misuse as State Carriages and Contract Carriages, heavy over loads ( above 1% 3 tones in case of Goods Vehicles and more than 25 above passengers in case of Stage Carriages/Contract Carriages) 4 Number of CFX notices issued for every 20 cases detected. 5. Number of pollution cases for every 20 cases detected. 1% 5% 1% 15% 109 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES TAXATION ACT - Concessional rate of tax extended to the vehicles of other State plying in Andhra Pradesh under the scheme of All India Tourist Transport Operators – Withdrawal – Orders – Issued. TRANSPORT, ROADS &BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.83 Dated : 5-6-2000 Read the following:- 1.G.O.Ms.No.106, T.R&B (Tr.II) Department, Dt.1-7-1995. 2.From the T.C (FAC), A.P., Hyderabad., letter No.11993/D2/1999, dt.6-4-2000. *** O R D E R :In the circumstances explained by the Transport Commissioner, Andhra Pradesh, Hyderabad vide his letter 2nd read above, Government have decided to cancel the concessional rate of tax extended to the vehicles of other State plying in Andhra Pradesh under the scheme of All India Tourist Permits for Tourist Transport Operators. Accordingly, the following Notification will be published in an Extra-ordinary issue of Andhra Pradesh Gazette dated 5-6-2000. NOTIFICATION In exercise of the powers conferred by clause (b) of sub-section (1) of section 9 of the Andhra Pradesh Motor Vehicles Taxation Act 1963 (Act 5 of 1963), the Governor of Andhra Pradesh hereby cancel the orders issued in G.O.Ms.No.106, Transport, Roads & Buildings (Tr.II) Department, dated 1-7-1995 directing to pay composite fee (Tax) in respect of the vehicles which are registered and kept in other States and authorised to ply in this State as specified therein with immediate effect. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R. KONDAPI, Prl. Secretary to Government. 110 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES ACT 1988 – Administration of Fixation of Fares in respect of Stage Carriages under Section 67(1) (d) (I) of M.V.Act, 1988 – Directions to the State Transport Authority – Orders – Issued. ------- -----------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TRANSPORT-II) DEPARTMENT G.O.Ms.No.132. Dated : 04-10-2000, Read the following:1.G.O.Ms.No.224 Transport R&B (Tr.II) Department. Dt.10-11-1999. 2.Lr.No.1P5/160(21)/2000 – OPD (P), dated 03-10-2000 from V.C & M.D, A.P.S.R.T.C., Hyderabad. *** O R D E R :The proposal has been received from the Andhra Pradesh State Road Transport Corporation for increase of bus fare in view of increase in the cost of operations due to hike in the cost of diesel oil. The Government have carefully examined the said proposal and have decided fix the fares in respect of the Stage Carriages as shown in the ‘A’ and ‘B’ Tables mentioned State Transport Authority. The following notification will be published in the extraordinary issue of the Andhra Pradesh Gazette dated the 4th October 2000. NOTIFCATION In exercise of the powers conferred by clause (I) of sub-Section (1) of Section 67 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and in supercession of the Notification issued in G.O.Ms.No.224, Transport, Roads & Buildings (Tr.II) Department, Dated: 10-11-1999, the Government of Andhra Pradesh hereby issues the following directions to the State Transport Authority and Regional Transport Authorities in the State regarding fixation of fares for Stage Carriages registered in the State of Andhra Pradesh. DIRECTIONS The State Transport Authority and the Regional Transport Authorities in fixing the fares chargeable for journeys performed in Stage Carriages operated in the State shall observe the principles mentioned in the Table ‘A’ and ‘B’ below, namely:TABLE–A PERMISSIBLE MAX. FARE (IN Rs. Per S.No. TYPE OF SERVICE KM)W.E.F 06- 10-2000 MOFUSSIL SERVICE ROUTE 1 Ordinary/Gramani service 32 Paise 2 Express Service 37 Paise 3 Luxury Service 44 Paise 4 Hi-Tech/Delux Service 52 Paise TIRUPATHI – TIRUMALA Ghat Road Adult Child A Ordinary Service Rs.16-00 Rs.8-00 B Express Service Rs.20-00 Rs.10-00 111 NOTE:The minimum Fare shall be Rs. 3-00 for a distance not exceeding 5 Kms, and Rs.4-00 for and upto 10 Kms in the case of Ordinary Services on the Mofussil Service Routes The minimum fare shall be Rs.5-00 in respect of Express Services, Rs.10-00 in respect of Luxury and Deluxe/Hitech Services. While fixing the fares for those mentioned in item of the Table ’A’ they shall be rounded off to the next higher multiple of 50 Paise. In respect of all other services mentioned at (ii), (iii) and (iv) of the above Table, fare shall be Re.1/-. For Special services operated on Special Occasions or on Fairs and Jathras, upto a maximum of one-and-half referred to therein shall be charged. Gramani Service on mofussil route shall have the same meaning as ordinary stage carriage with 2 Kms fare stage. EXPLANATION:An Express service on mofussil service route shall have the same meaning as an Express stage carriage and defined in Rule 2 (1)(b)(iii) of the Andhra Pradesh Motor Vehicle Rules, 1989. Luxury services on a mofussil route shall mean an Express stage carriage as defined in Rule 2 (1)(b)(iii) of the Andhra Pradesh Motor Vehicles Rules, 1989, having seats superior to the seats in an express Stage Carriage. A Hitech/Deluxe service on a mofussil service route shall mean an Express Stage Carriage as defined in Rule 2(i)(b)(iii) of Andhra Pradesh Motor Vehicles Rules, 1989, and having superior seat and seating arrangements conforming to the specifications under sub-clauses (I) to (IV) Transport, clause (4) of rule 6 of the All India Tourist Vehicles (Andhra Pradesh) Rules, 1977. T A B L E - ‘B’ CITY/TOWN/SUB-URBAN SERVICES:ORDINARY SERVICES:- The revised fares shall be as follows:Stage No. 1 2 3 4 5 6 7 8 9 10 11 Kms. Fare 2 4 6 8 10 12 14 16 18 20 22 Rs.2.50 Rs.3.00 Rs.3.75 Rs.4.00 Rs.4.75 Rs.5.00 Rs.5.75 Rs.6.00 Rs.6.75 Rs.7.00 Rs.7.75 112 12 13 14 15 16 17 18 19 20 24 26 28 30 32 34 36 38 40 Rs.8.00 Rs.8.75 Rs.9.00 Rs.9.75 Rs.10.00 Rs.10.75 Rs.11.00 Rs.11.75 Rs.12.00 (ii). SUB – URBAN SERVICES:- City Ordinary fares upto 8 Kms and District Ordinary fare thereafter. (iii). EXPRESS SERVICES:- 50Ps. more per passenger over the fare applicable to city ordinary services (iv). METRO/CITY EXPRESS SERVICES: - Rs.3.50 Ps. For first stage of 2.Kms. and 50 Ps. For every subsequent stage of 2 Kms. Thereafter. (v) METROLINER/CITYLINER SERVICES:- Rs.5.00 Ps. for first stage of 2 Kms and Rs.1.00 for every subsequent stage of 2 Kms upto 8 stages (16Kms) and Rs.1.00 for every subsequent stage of 4 Kms. EXPLANATION:A town service route shall mean a route as defined under Rule 258(2) of the Andhra Pradesh Motor Vehicles Rules, 1989 and determined as such by Transport Authority. For express services on a town service route shall mean service on a town service route permitting a stage carriage to ply as express service with limited halts as prescribed by the Transport Authority. A sub-urban service shall mean a service operating on a route, the distance of which does not exceed 24 Kms, from the municipal limits with stage fixed at an average distance of 2 Kms, and one of the termini lying within the City/Town limits. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R.KONDAPI. Prl. Secretary to Government. 113 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES – Contract Carriages – Revision of fares of Auto Rickshaws – Direction under Section 67 (1) (d) (i) of the Motor Vehicles Act, 1989 – Orders – Issued. ------------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.144. Dated:1-11-2000 Read the following:- 1.G.O.Ms.No.194, Tr.I & B (Tr.II) Department, DATED 10-10-97. 2.From the Transport Commissioner Andhra Pradesh Hyderabad, No.17050/D1/2000. Dated: 18-10-2000. Letter *** ORDER: The following notification shall be published in the Extra-Ordinary issue of the Andhra Pradesh Gazette, dated : 2-11-2000. NOTIFICATION In exercise of the powers conferred by Clause (d) (i) of Sub Section (1) of Section 67 of the Motor Vehicles Act, 1988 (Central Act, 59 of 1988) and in supercession of the notification issued in G.O.Ms.No.194, Tr. R&B (Tr.II) Department, dated 10-10-97 in so far as it relates to the fixation of fares for auto rickshaws and published in the Extra-ordinary issue of the Andhra Pradesh Gazette dated: 10-10-1997, the Governor of Andhra Pradesh hereby direct the State Transport Authority and the Regional Transport Authorities in the State to fix the following fares for fire of auto rickshaws registered and plying in the State of Andhra Pradesh. 1. Minimum fare 2. For each subsequent kilometer 3. Detention charges for every minute 4. Luggage Luggage should accompany the passenger :Rs. 7-00 : Rs. 3-50 : Rs. 0-10 : Rs.0-25 Paise for every package other than brief case, a hand bag, any attached case or bag less than 60 X 40 Cms. In dimension for the entire journey. Maximum Luggage 100 Kilograms. 5. A fare calculated at one and a half time the normal fare shall be payable for the vehicle engaged between 10-00 P.M and A.M. The meter should be so set that as soon as it is engaged, it records the minimum fare of Rs. 7-00 and on completion of 2 kilometers it moves up at the fare of Rs. 0-35 for every 1/10th kilometer. The Transport Commissioner may grant time for settings the meter to the revised tariff in respect of the existing meters and in the meantime there shall be exhibited in all the Auto rickshaws tariff card indicating the existing and revised fares. (BY ORDER AND IN THENAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI.R.KONDAPI Prl. Secretary to Government. 114 GOVERNMENT OF ANDHRA PRADESH TRANSPORT, ROADS & BUILDINGS (TRANSPORT.I) DEPARTMENT Memo No.17292/Tr.I(1)/2000 Dated: 10-11-2000 Sub:-Transport Department – Streamlining of the system and eliminating corruption in RTA offices - Suggestions – Regarding. *** It has been brought to the notice of the Government that the surprise check reports of Checkposts and Offices of RTA and trap reports on officers of Transport Department consistently report wide spread practice of authorised agents and private persons being engaged as intermediaries for collection of bribes from the public to let vehicles through checkposts, for issue of driving licences, registration of vehicles and such other services. ACB has been reporting free movement of such so called licensed agents or private persons within the office premises through whom transactions are conducted. The unseemly sight of the agents lined up all along the road in front of S/RTA office has become a daily routine. It is becoming next to impossible to transact business without the intermediation of these persons. It has been the experience, when confronted in the course of these checks and in the course of departmental inquiries that the officers deny any link between them and these agents. Prosecution and traps where private persons are involved is also becoming increasingly difficult. There is no doubt that they have become conduits for collection of bribes on behalf of the Officers of the Department and plumb the system through streamlined speed money. In order to build up the image of the Departments, it is essential to give up the system of licensed agents and totally prohibit the entry of private persons inside the offices and in the check posts of the Department. It has also been brought to the notice of Government that the functions now being performed by these agents are legally the functions that should be performed by the Department. Each of the RTA office should have a help desk to assist the public and guide them in filing their applications and providing services for which they have approached the Department. These booths should be manned through out the day and should be able to provide requisite application forms, clarify doubts of the member of public and otherwise assist them in filing a complete application without the need for a revised application being submitted. These bureaus should also pass the acknowledgement for the application delivered. It should also possible for the members of public to collect licences, permits etc., from these very same counters at a specified hour. Department should make available printed leaflets/booklets providing application forms, guidelines on the formalities to be completed checkslips ensures correct application etc. A fullfledged bureau or help desk in the matter indicated above would be a boon to the member of public and would boost the image of the Department. The need for reduction of regulatory control as an effective means of curbing corruption. It is therefore, opined that the Transport Commissioner to delegate the function of permanent registration of private 2 and 4 wheelers to the dealers, who are already authorised to issue temporary registration of new Vehicles at the time of sale. There may be no legal difficulty or practical problem of a serious nature in delegating the function of permanent registration itself to those dealers. Life time tax is collected through those dealers. Lakhs of lower class and middle class owners of 2 wheelers and 4 wheelers would be relieved of having to approach the Transport Department for permanent registration of their vehicles. This would be a major step, which should be widely welcomed and definitely elevate the prestige of Government and establish its earnestness and simplify the procedures. The Transport Commissioner is, therefore, requested to send his detailed remarks on the above issue for taking necessary action. JANAKI R. KONDAPI PRINCIPAL SECRETARY TO GOVERNMENT 115 GOVERNMENT OF ANDHRA PRADESH ABSTRACT ANDHRA PRADESH MOTOR VEHICLES TAXATION ACT, 1963 - Rates of taxes in respect of contract carriages of other State Vehicles plying in the State of Andhra Pradesh on the strength of temporary permits – Revised – Orders – Issued ------ ------------------------------------------------------------TRANSPORT, ROADS & BUILDINGS (TRANSPORT.II) DEPOARTMENT G.O.Ms.No.157 Dated : 16-11-2000 Read the following:- 1.G.O.Ms.No.142, Tr, R & B (Tr.II) Department, DATED: 22-8-1995.2. From the Transport Commissioner, Andhra Pradesh, Hyderabad, Letter No.16226/D2/2000, Dated: 21-9-2000. *** ORDER:The following notification will be published in the Extra-Ordinary issue of the Andhra Pradesh Gazette dated: 25th November, 2000. NOTIFICATION In exercise of the powers conferred by Sub-section (1) of Section 9 of Andhra Pradesh Motor Vehicles Taxation Act, 1963 (Act,5 of 1963) and in supercession of the notification issued in G.O.Ms.No.142, Transport, Roads & Buildings (Tr.II) Department, dated : 22-8-1995, the Governor of Andhra Pradesh hereby directs in respect of contract carriage vehicles of other States displaying a special distinguishing mark in the form and the manner specified by the Central Government on the strength of permits issued under Sub-Section (8) of Section 88 of the Motor Vehicle Act, 1988 (Central Act 59 of 1988) and All India Tourist Vehicles covered by the permits issued under sub-section (9) of section 88 of the said Central Act, whether covered by authorisation or not to ply in the State of Andhra Pradesh and intend to tour or transit through Andhra Pradesh State for a period not exceeding seven (7) days, tax shall be paid at the rates specified below: Period (1) Seven days Or less Type of vehicles Rate of Tax (2) (3) Contract carriages covered by permits issued under Rs.220/- per seat Sub-Section (8) and (9) of Section 88 of the Motor other than driver Vehicles Act, 1988. Provided that no tax need be paid by other State Vehicles covered by permits issued under Sub Section (8) of Section 88 of the Motor Vehicle Act, 1988 if similar exemption is granted by the other States to the vehicles of the State of Andhra Pradesh covered by similar permits and entering those States. Provided further that this exemption shall not be applicable to Maxi cabs. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) Sd/- JANAKI R. KONDAPI Prl. Secretary to Government. 116 GOVERNMENT OF ANDHRA PRADESH TRANSPORT ROADS & BUILDINGS (TR.I) DEPARTMENT Memo No.11099/Tr.1(2) 2000-6 Dated : 20-1-2001 Sub:-Public Services – Transport Department – Publication of provisional seniority lists in the cadre of R.T.O.s – Calling for objection for fixing the inter-Se-seniority – Show Cause Notice – Issued. Ref:- 1. G.O.Ms.No.153, TR&B (Tr.I) Dept., dt.4-8-97. 2. Govt. Memo No.19348/Tr.I (2)/97-4, dt.22-4-98. 3. From the T.C., Hyderabad, Lr. No.6582/C4/2000, dt.26-5-2000. 4. From the T.C., Hyderabad, Lr.No.6582/C4/2000, dt.21-7-2000. 5.From the A.P.A.T., Order dt.28-9-2000 in O.A.No.3917/2000 with VMA No.317/2000 filed by Sri. S.Venkateswara Rao, R.T.O., Srikakulam. *** In the reference 3rd cited, the Transport Commissioner has communicated the common inter-Se-seniority of Regional Transport Officers approved by the Government in the references 1st and 2nd cited to all the concerned Regional Transport Officers for information. In the reference 4th cited the Transport Commissioner has reported that inter-se-seniority list was prepared based on notional dates assigned to promotee Regional Transport Officers in G.O.Ms.No.153, Transport, R & B (Tr.I) Department, dt.4-8-1997, comprising of 41 individuals including Direct recruit Regional Transport Officers was sent to Government on 18-9-97 for approval. Government approved the inter-se-seniority of Regional Transport Officers vide references 1st and 2nd cited. While preparing the seniority, the names of the following two direct recruitee Regional Transport Officers were omitted in the seniority list by oversight. Sl.No . 1 2 Name Zone Sri. M.Praveen Sri. S.Venkateswara Rao Multizone- II Multizone-I Date of regular appointment 27-12-1993 28-01-1994 Therefore, it is necessary to communicate a comprehensive combined seniority list of Regional Transport Officers including the name of above two direct recruit Regional Transport Officers in the seniority list showing their names at appropriate place based on their date of regularisation under rule 34 of A.P.S.S.S. Rules. He has, therefore, requested the Government to approve the list and communicate the same to take further action to fill up the vacancies of post of D.T.C.s. Subsequently, Sri. S.Venkateswara Rao, R.T.O, Srikakulam has filed O.A.No.3917/2000 in Andhra Pradesh Administrative Tribunal to set aside the impugned Memo. 6582/C4/2000, dt.26-5-2000 issued by the 2nd respondent i.e. the Transport Commissioner in so far as placing Sri. K.Ram Das , R.T.O. above him. The APAT in its order dt.28-9-2000 directed as follows: 117 “In the circumstances, the interim orders given on 19-7-2000 are modified and the respondents are directed to consider the case of the applicant and the unofficial respondent to the next higher post, by placing their names in the D.T.C., keeping in view the fact that the applicant was appointed as R.T.O., on 28-1-1994 and the unofficial respondent was appointed as R.T.O. on 3-9-94 and accordingly, the applicant is senior to the unofficial respondent in the Category of R.T.O.” AGGRIEVED BY THE ABOVER ORDERS, Sri.K.Ramdas, R.T.O., filed W.P. No.20049/2000 in the High Court of Andhra Pradesh, Hyderabad. The Hon’ble High Court neither suspended the orders of the Andhra Pradesh Administrative Tribunal nor its operation is stayed. Mere pendency of W.P. will not come in the way for taking further action basing on the directions of Andhra Pradesh Administrative Tribunal subject to the result of the W.P. pending in the High Court. The Government, after careful consideration of the matter have decided to call for the objections from the Regional Transport Officers as approved in the reference 1st and 2nd cited before finalising the inter-se-seniority among them as per the orders of the Andhra Pradesh Administrative Tribunal, dt.28-9-2000 in O.A.No.3917/2000 subject to the result of W.P. No.20049/2000 in the High Court of Andhra Pradesh, Hyderabad. Accordingly, the Regional Transport Officers whose names have been indicated in the annexure to this memo. Are directed to submit their objections if any, to the proposed inter-seseniority list within 10 days from the date of receipt of the notice/ from the date of publication of the notice in the A.P. Gazette. If no objection will be taken as per records/ material available with Government to finalise the inter-se-seniority list of Regional Transport Officers subject to the result of W.P.No. 20049/2000 in the High Court of Andhra Pradesh, Hyderabad. JANAKI R. KONDAPI PRINCIPAL SECRETARY TO GOVERNMENT 118 ANNEXURE Provisional seniority list of Regional Transport Officers as per notional dates assigned in regular panels as approved in G.O.Ms.No.153, Transport Roads & Buildings (Transport.I) Department dated 14-8-1997 and direct recruit Regional Transport Officers approved in Govt. Memo No.19348/Tr.I(2)/97-4 dated 22-4-1998 Sl. No. Name of the individual Date of regular appointment Panel year Notional date assigned S/ Sri 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 M.NARASIMHA REDDY G.V.NARASIMHA SWAMY T.R.MADURAI MUTHU G.C. GOVINDA REDDY M.K.M. SHOWKATH G.N.SETTY K.JOEL RAJU M.RANGAIAH D.SUDHAKAR N.NARASIMHACHARI G.PANDURANGA RAO Y.JAYAKUMAR REDDY SMT. M.RATNAMANIKYAM S.A.V. PRASADA RAO T.RAGHUNATH C.RAMESH B.HANOKU A.MOHAN SMT. G.MERCY(MAMATHA PRASAD) SMT. L.S.M.RAMASREE G.HANUMANTHA RAO S.NARASIMHA S.NARAYANA MURTHY V.SUNDARAMI REDDY K.VENKATA RAO M.SUGADEVAN D.NARASA REDDY N.KRISHNA MURTHY K.V.RAMANA RAO M.RAMACHANDRA RAO S.GOVARDHAN RAO R.JAGADISH M.CHARLES ALEXANDER C.HANUMANTHU V.THAMMA RAO M.S.BAIG A.RANGA RAM M.N.BOSE M.PRAVEEN RAO S.VENKATYESWARA RAO B.VENKATA RAO K.RAMDAS A.RAVI --115-7-91 4-4-88 10-7-91 7-7-86 2-6-84 16-3-92 25-7-92 30-7-90 22-6-89 7-9-90 1-8-90 1-8-90 25-3-91 1-8-90 20-9-90 5-9-90 4-8-90 1987-88 1987-88 1988-89 1988-89 1989-90 1989-90 1989-90 1989-90 -do1989-90 -do-do-do-do-do-do-do-do- 30-6-88 31-8-88 31-3-89 30-6-90 30-6-90 13-6-90 30-6-90 30-6-90 Direct recruit 31-7-90 Direct recruit -do-do-do-do-do-do-do- 19-7-90 -do- -do- 7-12-93 16-3-92 30-6-91 12-3-92 6-9-94 22-2-88 30-6-91 6-6-88 30-6-91 4-8-88 5-9-94 5-9-94 3-9-94 7-9-92 7-3-92 3-9-94 12-3-92 4-1-94 3-7-94 27-12-93 28-1-94 2-9-94 3-9-94 1-10-94 -do1990-91 1990-91 -do-do-do-do-do-do-do-do-do1991-92 1991-92 -do-do1992-93 1992-93 1993-94 -do-do-do-do1993-94 -do30-11-90 23-1-91 23-1-91 23-1-91 30-1-91 30-1-91 15-3-91 15-3-91 15-3-91 15-3-91 15-3-91 31-10-91 31-10-91 31-1-92 26-7-92 26-2-93 26-5-93 7-12-93 Direct recruit -do14-6-94 3-9-94 31-10-94 119 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Motor Vehicles – A.P.M.V.Rules, 1989 – Amendment to Rule 296 of A.P.M.V.Rules, 1989 by incorporating a new rule 296-A – Preliminary notification – Issued. TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Rt.No.482, Dt.17.5.2001. From the Transport Commissioner, A.P, Hyderabad Lr.No.10958/D1/2000, dt.1.11.2000. ORDER: The following notification will be published in an Extra ordinary issue of A.P.Gazette, dt.23rd May, 2001. NOTIFICATION The following amendment to the A.P. Motor Vehicles Rules, 1989 published in G.O.Ms.No.216, Tr.R&B(Tr.II) Department., dt.the 7th August, 1989 and published at page 141 of the Rules supplement to Part-I of Extra-ordinary issue of the A.P.Gazette dt.the 25th August, 1989, which is proposed to be made under the powers conferred by Section 96 (xviii) of the M.V. Act, 1988 (Act 59 of 1988) is hereby published for general information in the A.P.Gazette as required under Sub-Sec(1) of Section 212 of the said Act. Notice is hereby given that the said amendment will be taken into consideration by the Government, on or after the expiry of thirty (30) days from the date of publication of this notification in the A.P.Gazette and any objections or suggestions, which may be received from any person within the aforesaid period thereof may be considered by the Govt. of A.P. Objections and suggestions should be addressed to the Principal Secretary to Government, Tr.R&B (Tr.II) Department, A.P. Secretariat, Hyderabad in duplicate. AMENDMENT In the said rules, after rule 296, the following shall be inserted, namely:“296-A Painting of School Bus: Every educational institution bus shall be painted in canary yellow colour. Provided that an Educational Institution Bus which is not already painted in the manner specified above shall be so painted on or before such date as the Transport Commissioner may notify in that behalf.” Janice R.Kondapi, Principal Secretary to Govt. OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD Endt.No.10958/D1/2000. Dt.7.6.2001. Communicated for information and to furnish objections if any within the prescribed period in this regard. Sd/- Y.Usha, For Transport Commissioner. 120 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Establishment – Transport Department – Closure of Government Driving Schools – Redeployment of the Staff working in the Government Driving Schools in the Transport Department – Orders – Issued. TRANSPORT, ROADS & BUILDINGS (TR.II) DEPARTMENT G.O.Ms.No.107, Dt.31.7.2001. Read the following:1) G.O.Ms.No.267, Tr.R&B (Tr.III) Department, dt.2.8.1985. 2) G.O.Ms.No.127, Tr.R&B (Tr.I) Department, dt.17.12.1986. 3) G.O.Ms.No.621, Tr.R&B (Tr.I) Department, dt.15.10.1987. 4) G.O.Ms.No.1263, Tr.R&B (Tr.I) Department, dt.5.12.1987. 5) G.O.Ms.No.15, Tr.R&B (Tr.I) Department, dt.23.1.1991. 6) G.O.Ms.No.1000, Tr.R&B (Tr.I) Department, dt.1.11.1999. 7) From the Transport Commissioner, Hyderabad letter No.27960/C3/95, dt.25.2.2000. 8) Govt.T.M.No.3343/Tr.(1)/2000-2, dt.30.6.2000. 9) From the Transport Commissioner, Hyderabad letter No.27960/C3/95, dt.3.7.2000. 10) Govt.T.M.No.3343/Tr.(1)/2000-10, dt.26.5.2001. 11) From the Transport Commissioner, Hyderabad letter No.27960/C3/95, dt.28.5.2001. *** ORDER: In the G.Os 1st to 5th read above, Government have sanctioned the posts as shown in Annexure-I for establishment of Government Driving Schools, purchase of fitness certificate and testing equipment and establishment of truck terminals etc. Sanction orders were issued for continuance of the posts from time to time and lasts sanction orders for continuance of the posts were issued in the G.O 6th read above. 2. In the reference 7th read above, the Transport Commissioner has stated that certain temporary posts under Plan and non-plan were continued from time to time permitting the Pay & Accounts Officer and District Treasury Officers to admit the pay bills of all temporary staff working both in plan and non-plan posts. The posts of Government Driving Schools, Kakinada, Chittoor and Karimnagar are existing under Plan Scheme. He has, therefore, requested the Government to take steps to convene the implementation Committee meeting to review proposals for the further continuance of temporary posts under Plan with effect from 1.3.2000. 3. In the meeting of the implementation committee which was held at 3.00 p.m. on 5.7.2000 in the chambers of Principal Secretary to Government, Finance & Planning (W&P) Department, it was considered that there is no need to continue the 8 Government Driving Schools (five under non-plan and three under plant) it was noticed that those Schools are not running properly as there was no provision for repair and fuel charges of vehicles and a lot of private Driving Schools have come up. Therefore, it is decided to discontinue these driving schools under non-plan as well as plan. As far as the staff is concerned, it was decided that the staff available in these schools be adjusted against the existing vacancies of the Department. As far as the issue of certificates to the private Driving Schools is concerned, the Committee has decided that the same may be done by the regular Regional Transport Officers in the Department. 121 4. The subject of continuance of driving schools in Transport Department has been entrusted to the Cabinet-Sub-Committee on Administrative Reforms vide orders issued in G.O.Ms.No.404, General Administration (Cabinet) Department, dated: 1.12.2000. A meeting of the said committee was held in the chambers of M (Major Industries) on 25.1.2001. The CabinetSub-Committee decided to adopt the recommendations of the implementation committee in toto. 5. In the meeting held by the Cabinet Sub Committee with the Joint Action Committee of the Employees, Teachers and Workers on 21.4.2001 and 22.4.2001 it was considered that as the Government Driving Schools are not serving the purpose, they may be closed and the staff (101 in number) shall be redeployed in the Transport Department. The employees for whom there is no possibility of absorbing in the Department due to specific duties shall be continued in supernumerary posts and absorbed in the Department in the near future. This should be reviewed every six months and report to SMPC cell with their bio-data for absorbing in any other Department. 6. In the letter 11th read above, the Transport Commissioner has reported that the total sanctioned posts are 140 as shown in Annexure-I and out of these 40 posts are vacant. 7. The Government after careful examination of the matter have decided to close the 8 (eight) Government Driving Schools, in the Transport Department, and the staff will be redeployed in the Transport Department in the existing vacancies. Accordingly, Government hereby order that the staff as detailed under column 3 of Annexure-II shall be deployed in the existing vacancies in the department and the posts which are vacant as shown under column 4 are abolished forth with. 8. The Transport Commissioner shall take further action in the matter and report to Government the number of posts category wise, which could not be redeployed in the Department for taking further action for creation of supernumerary posts, as the case may be. 9. This order issue with the concurrence of Finance (RM&EC) Department vide their U.O. No.19579/53/RM&EC/2001, dt.23.6.2001. 10. This order is available in the internet at the address http://apts.gov.in/Apgos. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) Sd/- Janaki R.Kondapi, Principal Secretary to Government. OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD Endt.No.27960/D1/2000. Dt.3.8.2001. ‘Communicated’ Sd/- V.Malyadri, Transport Commissioner. 122 ANNEXURE – II S.No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Designation 2 Regional Transport Officer Motor Vehicles Inspector Asst. Motor Vehicles Inspectors Superintendent Mechanics L.D. Steno/Typist Junior Assistant Junior Assistant/Typist Helpers(in the cadre of Attenders) Assistant Mechanics(in the cadre of Transport Constable) Attenders Watchman Drivers(LMV) Drivers(HMV) TOTAL No. of posts filled up and are being continued 3 8 11 12 8 5 5 3 6 - No. of posts vacant and abolished 8 8 13 13 100 3 3 3 140 4 4 8 3 10 6 Sd/- Janaki R.Kondapi, Principal Secretary to Government. ANNEXURE – I Sl. No. 1 1 2 3 1 5 6 7 8 9 10 11 12 13 14 Designation 2 Regional Transport Officer Motor Vehicles Inspector Asst. M.V.Inspectors Superintendent Mechanics L.D.Steno/Typist Junior Assistant Junior Assistant/Typist Helpers(in the cadre of Attenders) Assistant Mechanics (in the cadre of Tr. Constable) Attenders Watchman Drivers(LMV) Drivers(HMV) Total G.O.No.267,dt.2.8.85 & G.O.Rt.No.127, dt.17.2.86 Hyder Kurn Vijaya abad ool wada 3 4 5 1 1 1 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 4 4 G.O.No.621, dt.15.10.87 & 1204, dt.5.12.87 Wara Visakha ngal patnam 6 7 1 1 1 1 2 2 1 1 1 1 1 1 1 1 0 0 2 2 G.O.No.15, dt.23.1.91 Total Kaki nada 8 1 1 2 1 1 0 0 1 0 Karim nagar 9 1 1 2 1 1 0 0 1 0 Chitt oor 10 1 1 2 1 1 0 0 1 0 11 8 11 16 8 8 5 5 6 16 0 0 0 0 0 2 2 2 6 3 1 2 2 22 3 1 2 2 22 3 1 2 2 22 1 1 2 2 16 1 1 2 2 16 0 1 2 2 14 0 1 2 2 14 0 1 2 2 14 11 8 16 16 140 Sd/- Janaki R.Kondapi, Principal Secretary to Government. 123 GOVERNMENT OF ANDHRA PRADESH TRANSPORT, ROADS & BUILDINGS (TRANSPORT-1) DEPARTMENT MEMO.NO.3381/Tr.I(2)/2001-1 dated 17-9-2001 Sub: Transport Department – State and subordinate services – Transfer of employees in relaxation of ban orders – Permission – Accorded. Ref:-From the Transport Commissioner, Hyderabad, letter No.2550/C3/2001, dt: 15.2.2001. *** The attention of the Transport Commissioner Hyderabad is invited to the reference cited wherein he has reported among others, that in the Transport Department transfers could not be effected because of ban orders on transfers and staff who have completed more than 3 years and more than 5 years at a given station are continuing. During the reviews on 5-2-2001, it was observed that the performance of certain districts in revenue collections have been hampered because of ban on transfers as a result of which several staff and officers are working at the same stations for more than 5 years. 2) He has therefore requested the Government to issue relaxation to the orders issued banning general transfers in respect of all staff and officers who have completed more than 3 years of continuous service at a given station to enable him to issue transfer orders whoever competent and to enable him to end necessary proposals to Government separately wherever Government are the competent authority and in case of ministerial staff, necessary instruction will be given to the concerned appointing authorities duly giving suitable guidelines on receipt of relaxation orders from Government. 3) After careful examination of the proposals, Government hereby permit the Transport Commissioner to effect / recommend transfers of personnel who have served at a particular place for more than 3 years, in relaxation of the existing ban order issued in G.O.Ms.No.179, Finance & Planning (FW.W&M) Department, dated 28-11-2000 to increase the growth of revenue atleast by 15%. 4) He is requested to workout suitable criteria for effecting transfers proposed taking into consideration of performance, length of service in the focal posts etc of the individual officers, before effecting the transfers. 5) This order issued with the concurrence of Finance Department vide their U.Ono.5537/PFS/01, dt: 15-9-2001. JANAKI R.KONDAPI PRINCIPAL SECRETARY TO GOVERNMENT 124 GOVERNMENT OF RAJASTHAN Transport Department No.F.24(34)Tr/Acctt/BD/2000/2001 Date 24-09-2001 The Commissioner, Transport Department, ANDHRA PRADESH. HYDERABAD. Sub:- Handing over the Bank Drafts related to composite fee of National Permit to vehicle owners by The Secretary, R.T.A. Sir, It has been noticed that some of the Secretary, R.T.A. of your State are handing over the bank drafts related to composite fee of nation permit for Rajasthan State to vehicle owners to deposit the same at Border Check Post. As the Rajasthan State does not collect the bank drafts of composite fee at tax collection centers. You are therefore requested to kindly instruct all S.T.A’s/R.T.A.’s of your State NOT TO HAND OVER THE BANK DRAFT TO VEHICLE OWNER BUT TO SEND IT TO THE TRANSPORT COMMISSIONER, RAJASTHAN, JAIPUR BY REGISTERED POST or by personal messenger as per convenience within a month period. It is also clarified that if any transport operator produces bank drafts of composite fee to tax collection centers or this office shall not be accepted and the vehicle shall be treated without proper authorization. Yours faithfully, Sr.Accounts Officer. Copy to The Secretary, Regional Transport Authority VISAKHAPATNAM (AP) to comply with the instructions. Sr., Account Officer. 125 GOVERNMENT OF ANDHRA PRADESH ABSTRACT MOTOR VEHICLES ACT, 1988 – Compounding offences under Section 200 of Motor Vehicles Act, 1988 – Amended to G.O.Ms.No.69, Transport, Roads & Buildings (Tr.II) Department, dt.165-2001 – Notification – Issued. TRANSPORT, ROADS & BUILDINGS (TRANSPORT.II) DEPARTMENT G.O.Ms.No.138 Dated 31.10.2001 Read the following :1. G.O.Ms.No.69, Transport, Roads & Buildings (Tr.II) Department, dt.16-5-2001. 2. From the Transport Commissioner, Andhra Pradesh, Hyderabad Lr.No.9755/D1/2001, dt.3-9-2001 & 13-9-2001. @@@ ORDER : The following Notification will be published in an Extra – Ordinary issue of the Andhra Pradesh Gazette, dated 1st November 2001. 2) A copy of this order is available on the Internet and can be accessed at the address http://apts.gov.in./apgos NOTIFICATION In exercise of the powers conferred by Section 200 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) the Governor of Andhra Pradesh hereby makes the following amendment to the Notification issued in G.O.Ms.No.69, Transport, Roads & Buildings (Transport. II) Department, dt.16th May, 2001. AMENDMENT In the said Notification for the schedule, the following shall be substituted namely :- Sl. No. Penal section 1 2 1 177 2 3 4 5 6 178(3) 179 180 181 182(1) Motor Cycles, Motor Cycle-Cabs, Auto Rickshaws, with a seating capacity upto 4 in all, invalid Carriages, Omini Buses, Motor Vehicles other than those Educational Institutions buses, mentioned in column No.3 Private Service Vehicles, Motor Cabs with seating capacity upto (7) in all, Light Motor Vehicles. 3 4 50/- subject to a maximum of 100/- subject to a maximum of Rs.200 Rs.200/50/200/150/250/500/1000/300/500/300/500/- 126 7 8 9 10 11 12 13 14 182(2) 183(1) 183(2) 184 186 189 190 (2) 192 (1) --100/100/200/100/200/200/300/200/200/300/500/300/600/1000/2000/100/100/15 194 (1) per 100 Kgs or part thereof of per 100 Kgs or part thereof of excessive weight excessive weight 16 194 (2) 300/600/17 196 300/600/18 198 100/100/Provided that for Tractor Trailor combinations owned by agriculturists not used for hire or reward, the compounding fee shall be 50% of the rates prescribed in column (4) above. provided further that the compounding fee for an offence shall not exceed the maximum fine prescribed in the relevant penal Section. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) JANAKI R KONDAPI PRINCIPAL SECRETARY TO GOVERNMENT 127 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Motor Vehicles – Andhra Pradesh Motor Vehicles Taxation Act, 1963 – Revised rates of tax on Motor Vehicles – Notification – Issued. TRANSPORT, ROADS & BUILDINGS (TR. II) DEPARTMENT G.O.Ms.No.152 Dated 1-12-2001 1. 2. 3. 4. 5. 6. G.O.Ms.No.75, Transport, Roads & Buildings (Tr.II) Department, dt.27-4-1993. G.O.Ms.No.98, Transport, Roads & Buildings (Tr.II) Department, dt.21-5-1993. G.O.Ms.No.137, Transport, Roads & Buildings (Tr.II) Department, dt.22-8-1995. G.O.Ms.No.220, Transport, Roads & Buildings (Tr.II) Department, dt.7-11-1996. G.O.Ms.No.100, Transport, Roads & Buildings (Tr.II) Department, dt.20-5-1999. From the Transport Commissioner, Andhra Pradesh, Hyderabad letter No.17738/R2/2001, Dated 30-11-2001. O R D E R :- The following Notification will be published in the Extra-ordinary issue of the Andhra Pradesh Gazette dated 1st December 2001. NOTIFICATION In exercise of the powers conferred by Section 3 of the Andhra Pradesh Motor Vehicles Taxation Act, 1963 (Act 5 of 1963), and in supersession of the Notification issued in G.O.Ms.No.98, Transport, Roads & Buildings (Tr.II) Department, dated the 21 st May 1993., G.O.Ms.No.220, Transport, Roads & Buildings (Tr.II) Department, dated the 7th November 1996 and G.O.Ms.No.100, Transport, Roads & Buildings (Tr.II) Department, dated the 20th May 1999. The Governor of Andhra Pradesh hereby makes the following amendments to the Notification issued in G.O.Ms.No.75, Transport, Roads & Buildings (Tr.II) Department, dated the 27 th April 1993 and as amended from time to time. This Notification shall have come into force with effect from the 1st December, 2001. AMENDMENT In the said Notification, in the Schedule :(1) for item 3 and corresponding entries, the following shall be substituted, namely:1 2 3 GOODS VEHICLES a. Vehicles not exceeding 300 Kgs in laden weight b. Vehicles exceeding 300 Kgs but not exceeding 1000 Kgs in laden weight c. Vehicles exceeding 1000 Kgs but not exceeding 1500 Kgs in laden weight d. Vehicles exceeding 1500 Kgs but not exceeding 3000 Kgs in laden weight e. Vehicles exceeding 3000 Kgs but not exceeding 4500 Kgs in laden weight f. Vehicles exceeding 4500 Kgs but not exceeding 5500 Kgs in laden weight g. Vehicles exceeding 5500 Kgs but not exceeding 9000 Kgs in laden weight h. Vehicles exceeding 9000 Kgs but not exceeding 12000 Kgs in laden weight i. Vehicles exceeding 12000 Kgs but not exceeding 15000 Kgs in laden weight 404/504/706/807/909/1212/1854/2321/2826/2826/- plus Rs.66/- for every 250 Kgs or part j. Vehicles exceeding 15000 Kgs in laden weight thereof in excess of 15000 Kgs k. Additional Tax payable in respect of Goods Vehicles used for drawing Trailers (i) for each trailer not exceeding 1000 Kgs in laden weight 504/(ii) for each trailer not exceeding 1000 Kgs but not exceeding 3000 Kgs in laden 757/weight (iii) for each trailer exceeding 3000 Kgs in laden weight 1009/- 128 Providing the two or more Goods Vehicles shall not be chargeable under this clause in respect of the same trailer (2) In item 4 :(a) for entry (ii) and corresponding entries, the following shall be substituted namely :(ii) Three Wheeled Vehicles permitted to carry (7) persons in all for every person other than the driver (b) for items (iv), (v) and (vi) and corresponding entries for the following shall be substituted namely (iv)Vehicles permitted to carry mo9re than 6 passengers and plying as stage Carriages on town service routes (A) In respect of Vehicles permitted to ply as express services, for every passenger other than the driver and conductor which the vehicle is permitted to carry (B) In respect of Vehicles permitted to ply as ordinary service for every passenger (other than driver and conductor) which the vehicle is permitted to carry and where the total distance permitted to be covered by the vehicle in a day (a) Does not exceed 100 Kms (b) Exceeds 100 Kms but does not exceed 16 Kms (c) Exceeds 160 Kms but does not exceed 240 Kms (d) Exceeds 240 Kms (v)Vehicles permitted to carry more than 6 passengers and plying as stage carriage on the routes other than town service routes (A) In respect of Vehicles permitted ply as express services, for every passengers (other than driver and conductor) which the vehicle is permitted to carry and where the total distance permitted to be covered by the vehicle in a day. (i) Does not exceed 320 Kms (ii) Exceeds 320 Kms (B) In respect of Vehicles permitted to ply as ordinary services, for every passenger (other than driver and conductor) which the vehicle is permitted to carry and where the total distance permitted to be covered by the vehicle in a day. (a) Does not exceed 100 Kms : 200/- : 822/- : 330/: 492/: 618/: 660/- : 1092/: 1442/- : 414/- 129 (b) (c) (d) (e) Exceeds 100 Kms but does not exceeds 160 Kms Exceeds 160 Kms but does not exceeds 240 Kms Exceeds 240 Kms but does not exceeds 320 Kms Exceeds 320 Kms : 582/: 744/: 870/: 948/- Provided that in respect of a reserve stage carriage of spare bus (by whatever namely called) of an operator, the tax payable shall be at Rs.216/- for every passenger other than driver and conductor which the vehicle is permitted to carry, if the taxes for the corresponding period in respect of all the regular stage carriages covered by valid permits have been paid irrespective of the stoppage or otherwise of the Vehicles. Explanation – I :The number of persons or passengers which the vehicle is permitted to carry shall :i. ii. In the case of a Motor Vehicle in respect of which a permit is granted under Motor Vehicles Act, 1988, be the number of persons or passengers which the Motor Vehicle is authorised to carry by the permits and In the case of Motor Vehicle plying for hire or reward without permit granted under the Motor Vehicles Act, 1988, be the maximum number of persons or passengers which the vehicle may be permitted to carry, if a permit was granted under the aforesaid Act. Explanation – II :i. ii. iii. For the purpose of item 4 (iv) a “town service” shall mean a route described under rule 258 (2) of the Andhra Pradesh Motor Vehicles Rules and determined as such by the Transport Authority. For the purpose of item 4 (iv) (A) an “express service” shall mean a service on a town service route as described under rule 258 of Andhra Pradesh Motor Vehicles Rules, 1989 and permitted to ply with limited halts as prescribed by the Transport Authority. For the purpose of item 4 (V) (A) an “express service” shall have meaning of express stage carriages defined under Rule 2 (b) of Andhra Pradesh Motor Vehicles Rules, 1989. Explanation – III :The distance permitted to be covered by a vehicle in a day shall :i. ii. In the case of a Motor Vehicle in respect of which a permit s granted under Motor Vehicles Act, 1988 be the distance authorised to be covered according to the permits, and In the case of a Motor Vehicle plying without a permit granted under Motor Vehicles Act, 1988 be reckoned as above 320 Kms. Explanation – IV :Where in pursuance of any agreement between the Government of Andhra Pradesh and the Government of any other State, tax in respect of any stage carriage plying on a route lying partly in the State of Andhra Pradesh and partly in the other 130 States, is payable to the Government of Andhra Pradesh only, the tax in respect of such vehicle shall be calculated on the total distance covered by the stage carriage on such route. Explanation – V :Where a conductor is exempted to be carried in a stage carriage, for the words “other than the Driver and conductor” occurring in item (iv) and (v) shall be construed as other than driver only:- (IV) (A) Vehicles permitted to carry more than six persons and plying as Contract Carriages covered by All India Tourist Permit issued under Section 88 (9) of the Motor Vehicles Act, 1988, for ever passenger (B) (C) (D) (E) other than the Driver and Conductor/ Attneder which the vehicle is permitted to carry Vehicles permitted to carry more than six passengers and plying as Contract Carriages on Intra-State routes for every passenger (other than driver) which the vehicle is permitted to carry Contract Carriages plying within the Nome District and any one contiguous District for every passenger other than driver. Idle Contract Carriages not covered by any permit plying on the strength of temporary/special permits issued under Section 87 or Sub-Section (8) of Section 88 of Motor Vehicles Act. Contract Carriages with a seating capacity of 8 in all to 13 in all covered by IntraState of Inter-State permit for every passenger other than the driver the vehicle is permitted to carry : 3500/- : 2500/- : 1150/- : 1150/- : 600/- Provided that the total tax so computed in respect of any vehicle shall be rounded off to the next higher ten rupees.” “ A copy of the order is available in Internet and can be accessed at the address http://apts.gov.in/apgos JANAKI R. KONDAPI PRINCIPAL SECRETARY TO GOVERNMENT 131 GOVERNMENT OF ANDHRA PRADESH FINANCE AND PLANNING (FIN.WING.ADMN.I) DEPARTMENT Memo No.47710-A/245/A2/Admn.I/98 Dated : 4-1-1999 Sub:-Compensatory Allowance – Payment of House Rent Allowance beyond 4 months during suspension – Clarification – Orders – Issued. Ref:-Lr.No.M3/15919/98, dated 8-10-1998 of Director of Treasures & Accounts. *** The Director of Treasuries & Accounts is informed that a Government Servant under suspension are eligible for House Rent Allowance and other allowances proportionate to the subsistence allowance sanctioned irrespective of time limit. This is with the approval of Finance Secretary (Finance & Planning) Sd/- Dr. M.SRINIVASA RAO, JOINT SECRETARY TO GOVERNMENT. OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD L.Dis.Endt.No.4048/X1/99 Dated : 22-3-99 “COMMUNICATED” Sd/- N.V.SUBBA RAO For Transport Commissioner. 132 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public Services – Payment of Ex-Gratia amount of Rs.1.00 lakh in respect of Government Employees who met with accident deaths while performing the official duties – Amendment – Orders – Issued. FINANCE & PLANNING (FIN.WING.ADMN.II) DEPARTMENT G.O.Ms.No.8 Dated: 07-01-1999. Read the following:- 1. G.O.Ms.No.343, Fin.& Plg.(Admn.II) Dept., dt.27-12-1996. 2. G.O.Ms.No.113, Fin & Plg.(Admn.II) Dept., dt.24-07-1997. ORDER : In the Government Order 1st read above, Government have issued orders for sanctioning an Ex-Gratia amount of Rs.1.00 lakh to the employees who meet accidental death while performing official duties with effect from 18-09-1995 and further guidelines issued in the reference 2nd read above. 2. Government have noticed some difficulties in practice and hereby issue orders to amend the item (d) in the Government Order 113, Finance (Admn.II) Department, dated 24-071997. Item (d) (d) The salary head of account shall be the head of account for sanction of Ex-Gratia amount. Substituted as The amount of Ex-Gratia shall be debited to the respective Major, Sub-Major, Minor and Sub-head under the detailed Head “090-Grants-in-Aid 095 – Ex-Gratia to Government employee who met with accidental deaths (to be opened) and shall be incurred in relaxation of Treasury Control Orders. 3. All the Departments are requested to note the same and take further action. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) VEENA ISH, Additional Secretary to Government. 133 GOVERNMENT OF ANDHRA PRADESH FINANCE AND PLANNING ( W & M ) DEPARTMENT Circular Memo No.3813/644/A2/W&M/98 Dated : 8-1-1999 Sub:-Hiring of Vehicles by all Departments – Certain Instructions – Issued – Regarding. Ref:- G.O.Ms.No.5, Finance & Planning (W & M ) Department, dt.4-1-1994. *** In the G.O. cited, orders were issued banning purchase of vehicles and a provision has been made in the orders for hiring the vehicle, when it is inevitable, from the private organisations duly following the instructions prescribed in the above G.O. Inspite of specific instructions, the Departments are not following these instructions and resorting for hiring the vehicles in deviation to these orders without the prior permission of the Government, especially from Finance Department. Therefore, all the Departments of Secretariat and Heads of Departments etc., are requested to obtain prior permission from the Government in Finance Department before hiring a vehicle. They are also requested to follow the instructions prescribed in G.O.Ms.No.5 Finance & Planning (W & M) Department and hiring charges shall be restricted to Rs.9,000/- P.M. including P.O.L. Driver Batta and maintenance charges wiring a coverage of 2,500/- K.M. in 30 days. By a copy of this Memo, the Director of Treasuries and Accounts and Pay and Accounts Officer, Hyderabad are being advised not to admit bills for hire charges in respect of vehicles whose hiring has not been concurred by the Finance Department. VEENA ISH ADDITIONAL SECRETARY TO GOVERNMENT OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Endt. No.539/K3/99. Dated: 8-3-1999 “Communicated” Sd/- C.L.N. GANDHI, For Transport Commissioner. 134 GOVERNMENT OF ANDHRA PRADESH ABSTRACT ANDHRA PRADESH TRAVELLING ALLOWANCE RULES, 1996 - Amendments to certain Rules – Issued. FINANCE & PLANNING (FIN.TA) DEPARTMENT G.O.Ms.No.43, Dated: 8-1-1999 Read the following: - G.O.Ms.No.226, Finance and Planning (FW-TA) Department, dt.21-9-1996. ORDER:In exercise of the powers conferred by the provision to Article 309 of the Constitution of India read with Rule 44 of the Fundamental Rules, the following Amendments are issued to the Andhra Pradesh Travelling Allowance Rules, 1996. AMENDMENT – I The cause title of the Rules appeared at Rules 1(a) shall be substituted by the following : “Andhra Pradesh Civil Services (Travelling Allowance) Rules, 1996” AMENDMENT – II Delete last sentence in Sub-Rule (1) of Rule 22. AMENDMENT – III Substitute the following of Sub-Rule (6) of Rule,24 (a) When a Government Employee who is entitled to maintain his own conveyance, travel in a hired/borrowed conveyance by meeting the cost of the running of the vehicle, he shall be entitled to the actual charges spent by him limited to the amount of mileage allowance admissible. (b) When two or more Government employees, who are entitled to maintain their own conveyance, travel in a hired/borrowed conveyance by meeting the cost of the running the vehicle, only one of them as arranged between themselves, shall be entitled to the actual charges spent, limited to the amount of mileage allowance admissible and the others are entitled only for daily allowance. AMENDMENT –IV Add the following explanation under Clause (a) of Sub-Rule 27: “Explanation: The pay scales assigned for automatic advancement scheme shall not be taken into account for the purpose of deciding the eligibility to travel by I Class. Only the pay scales attached to the posts shall be taken into account for deciding the eligibility to travel I Class in Train”. 135 AMENDMENT –V “Sub-Rule 2 of Rule 27 shall be changed as Clause (c) under Sub-Rule (1) and the SubRules (3), (4), (5) and (6) shall be renumbered as (2), (3), (4), and (5) respectively”. AMENDMENT –VI Substitute the following for note (2) under Sub-Rule (1) of Rule 2: “(2) Officers eligible to travel by First Class by Train may travel by Air Conditioned Chair Car or Air Conditioned II Tier/III Tier Sleeper Class while on official tour”. AMENDMENT – VII Substitute the word “Continued” for the word “Consigned” occurring in Sub-Rule (3) of Rule 38. AMENDMENT –VIII Substitute the words “if the period of training does not exceed 90 days” for the words “for the first 90 days” occurring in the second sentence of Sub-Rule (1) of Rule 86. AMENDMENT –IX Substitute the words “daily” wherever the word “dearness” occurring in A.P.T.A. Rules, 1996. AMENDMENT – X Substitute the word “Complete” for the word “incomplete” occurring in Sub-Rule (3) of Rule, 93. AMENDMENT – XI Add the following as Note(ix) under Annexure –I. “(ix) The pay scales assigned for automatic advancement scheme in respect of Government Servants/ Non Teaching Staff and the career advancement scheme in respect of teaching staff shall not be taken into account for purpose of determination of the grades indicated in the Table and in notes (ii) and (iii) above. Only the pay scales attached to the posts shall be taken into account for determination of the Grades”. AMENDMENT –XII Add the word “Non-Gazetted” in between the words “Female” and “Government” occurring in note (ii) of para 7 of Annexure –VII. AMENDMENT- XIII Add the following as note (iii) and (iv) under para 7 of Annexure – VII of the Rules. “(iii) The children borne on or after 1-4-1996, will not be treated as family members, if the number of children borne prior to 1-4-1995 were two or more”. “(iv) The parents of Non-Gazetted Government Employees shall not be treated as dependents, if either of them is a pensioner (including family pensioner)”. AMENDMENT – XIV Substitute the figure “18% for the figure “8%” occurring in Clause (I) of para 15 (a) of AnnexureVII. 136 AMENDMENT – XV Substitute the figures “Rs.4.00 and Rs.2.00” for Rs.3.50 and Rs.1.50 “occurred in rule 4(a), 19(a),19(b), 19(c) and Note (ii) under Rule part-II in Annexure-V under Rule, 90 of A.P.T.A. Rules. AMENDMENT – XVI The word “Member of Legislative Council” appeared in Form –II in Annexure-VI applicable to the Non-Official Members under Rule 91 shall be deleted. These orders shall come into force from the date of issue of orders vide G.O. read above. However, the claims already settled need not be reopened. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) A.R.JAYAPRAKASH SECRETARY TO GOVERNMENT (F P) 137 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SERVICES WELFARE) DEPARTMENT Circular Memo No.02092/SW/99-1 Dated : 19-1-1999 Sub:-SERVICES WELFARE – Representations made by Associations – Marking copies of Government Orders/ Instructions to the recognised Service Association – Regarding. Ref:-1. Govt. Circular Memo No.46464/SW/98-31, GAD dt.26-10-1998. 2. Proceedings of APCSJSC, dt.17-12-1998. *** In the meeting of A.P. Civil Services Joint Staff council (State Level) held on 17-12-1998 the representatives of the Service Associations have brought to the notice of the Chief Secretary and Chairman A.P.C.S.J.S.C. that the Departments of Secretariat, Heads of Departments and Subordinate Offices are not making the copies of the orders/instructions issued on the subject having a bearing on service conditions of Employees to the recognised Service Associations, through specific instructions were issued from time to time. The Service Associations have therefore requested to reiterate the instructions to all Heads of Departments and District Offices that the Service Associations must be promptly replied to by them. The Chief Secretary and Chairman of A.P.C.S.J.S.C. has agreed to the same and directed the Departments to issue instructions accordingly. Accordingly, all the Departments of Secretariat, Heads of Departments/ District Collectors & Magistrates and Subordinate Officers are requested to invariably communicate copies of orders/instructions which are non-confidential in nature having a bearing on service matters to all the recognised Service Associations based on their representations made to them. They are requested to follow the above instructions scrupulously without giving scope for recurrence of such complaints. N.V.H.SASTRY SECRETARY TO GOVERNMENT 138 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SER.A) DEPARTMENT G.O.Note No.1695/Ser-A/99-1 Dated: 28-1-99. Sub:- P.S – Subordinate services – Compassionate appointments to the dependents of the Deceased Government employees who die in harness – Instructions – Reiterated. Ref:- 1. G.O.Ms.No.400, G.A. (Ser.A) Dept., dated 12-09-1996. 2. Memo No.14102/Ser.A/96-1, dated 26-11-1996. * *** In the G.O. 1st cited, while reviewing the scheme of compassionate appointments of deceased Government employees who die in harness, the Government have directed that the proposals for providing compassionate appointments to the dependents of decease Government employees which are totally in conformity with the existing Government instructions on the scheme, only should be considered and no cases which are in deviation of the orders/instructions/guidelines issued in the matter should be proposed for any relaxation what-soever. In the said G.O., the Departments of Secretariat/Heads of Departments/ District Collectors, etc., have been requested to adhere to the existing instructions and guidelines issued from time to time on the scheme while considering compassionate appointments to the dependents of the deceased, Government directed not to entertain the requests for compassionate appointments in cases which do not conform to the conditions stipulated in the scheme from time to time as no application for relaxation of any of the conditions stipulated under the scheme is proposed to be entertained by Government, as a matter of general policy. Further in Government Memo second cited it has been clarified that the clarifications/instructions/guidelines and concessions issued from time to time on the scheme are in vogue. Therefore when there is an inbuilt relaxation incorporated in the rules itself, it will not attract the provisions of G.O. first cited. 2. Inspite of these instructions, number of instances have come to the notice of the Government wherein Heads of Departments as well as Departments, of Secretariat are entertaining applications/ representations in case of compassionate appointments for relaxation of existing rules on the subject on some ground or other. The matter was again reviewed by the Government and it is decided to reiterate the instructions issued in the G.O. cited. 3. Accordingly, while reiterating the instructions issued in the G.O. first cited, all Departments of Secretariat are requested not to entertain the applications/representations in case of compassionate appointments for relaxations of existing rules and in future any such proposals referred to Genl. Admn.(Ser.) Department will not be entertained. All the Departments of Secretariat are also requested to issue similar instructions to the Heads of the Departments under their administrative control. A copy of the instructions so issued may be furnished to this department. N.V.H.SASTRY, SECRETARY TO GOVERNMENT. OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD L.Dis.Endt.No.01894/01/99 Dated: 22-2-99. Communicated to: Sd/- N.V.SUBBA RAO, FOR TRANSPORT COMMISSIONER. 139 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SE.A) DEPARTMENT Memo No.4241/Ser.A/99-1 Dated: 28-01-99. Sub:-PUBLIC SERVICES – Subordinate Services – Compassionate appointment of Son/Daughter/spouse of the Government employees who retire on Medical Invalidation – Further Instructions – Reg. Ref:- 1. G.O.Ms.No.214, Genl. Admn, (Ser.A) Dept., dated.09-06-1998. 2. G.O.Ms.No.570, Genl. Admn, (Ser.A) Dept., dated 17-12-1998. **** In the G.Os Second cited, orders have been issued amending the G.O. first cited to the effect that the Deputy Secretary/Joint Secretary/Additional Secretary to Government of General Administration (Services) Department, shall be the Member/Convenor of the State Level Committee of Officers and the proposals in respect of the cases of Government employees of Heads of Departments/Secretariat Departments shall be placed before the State Level Committee of officers through General Administration (Services) Department in Secretariat based on the recommendations of the Medical Board. 2. All the Heads of Departments are therefore requested to send the proposals in respect of their employees relating to retirement of Government employees on Medical Invalidation and consequential proposals for compassionate appointments to their dependents along with their recommendations, in the proforma enclosed, to this Department through their respective administrative departments in Secretariat for placing before the State Level Committee of Officers for their consideration. 3. All the Departments of Secretariat are also requested to send the proposals if any, in respect of the employees of Secretariat Departments in the proforma enclosed for placing before the State Level Committee of Officers for their consideration and recommendations. N.V.H.SASTRY, SECRETARY TO GOVERNMENT (SER.) 140 GOVERNMENT OF ANDHRA PRADESH ABSTRACT LONG TERM GROUP JANATA PERSONAL ACCIDENT POLICY – to all the Government vehicles Drivers of State Government - Introduction of Scheme with M/s New India Assurance Company payment of premium, accounting procedure – Orders – Issued. FINANCE AND PLANNING (FIN.WING,ADMN.II) DEPARTMENT G.O.Ms.No.49 Dated 30-03-1999 Read the following:1. Representation from the President, A.P. Government Vehicle Drivers Central Association, Hyderabad, dated: 15-12-1998. 2. Lr.No.612100/KMR/GJPA/98, dated 3-11-1998 from M/s New India Assurance Company Secunderabad. 3. Representation from the President of the Association, dated: 03.02.1999. *** O R D E R :In the representation first read above, the President, Andhra Pradesh Government Vehicles Drivers Central Association has informed that they have undertaken a MOU with M/s New India Assurance Company, Secunderabad for the scheme of Long Term Group Janata Personal Accident Policy for all the vehicle Drivers in the State and Furnished the MOU to Government with a request to make payment of entire premium of Rs.550/- for each driver as an advance from Government subject to recovery of the premium in 5 equal installments at Rs.110/P. M. In the letter second read above, M/s New India Assurance Company has furnished the details of the Long Term Group Janata Personal Accident policy as : a. the premium of Rs.550/- per head at one time payment b. Insurance coverage will be for 15 years; c. This coverage will be even after the retirement from service of the Government Servant limited to 15 years : d. Insurance will be : i. Death due to accident : Rs.2.50 Lakhs ii. loss of two limbs or two eyes or one limb and one eye due to accident. : Rs. 2.50 Lakhs iii. Loss of one limb or one eye : Rs. 1.25 Lakhs iv. Permanent total disablement due to accident. : Rs. 2.50 Lakhs After careful examination of the proposal, Government hereby agree introduction of Long Term Group Janata Personal Accident policy for all the 10,100 Government Vehicles Drivers as per Government records and also for full payment of premium of rs.55.55 Lakhs to M/s New India assurance Company Secunderabad, @ Rs.550/- per head subject to recovery of Rs.110/- per month in 5 monthly installments form the drivers salary commencing from April, 141 1999 payable on or after Janata Personal Accident Policy towards, A.P. Government Vehicles Drivers which will be covered with effect from 01-04-1999 those who are in service as on 1-41999, as detailed below: APPLICABILITY: All Andhra Pradesh Government Vehicles Drivers under Government of Andhra Pradesh. This scheme will not applicable for the Drivers working in corporations, local bodies public sector undertakings etc. RECOVERY OF PREMIUM: The premium of Rs.550/- from each driver towards Long Term Group Janata Personal Accident policy shall be deducted from the salary bills of April, 1999 payable on 1st May 1999 onwards for five monthly installments @ Rs. 110/- P. M. by the Drawing and Disbursing Officers by intimating to the New India Assurance Company as well as Director of Insurance, Andhra Pradesh, Hyderabad. The Pay & Accounts Officer, Hyderabad and all the Treasury Officers shall ensure the prompt recovery in the pay bills. COVERAGE:- The New India Assurance Company shall commence the risk from the date of receipt of the premium for all the Government Vehicles Drivers for a period of 15 years irrespective of date of retirement and shall issue a policy in the name of “ All Government Vehicles Drivers of Government of Andhra Pradesh “ who are 10.100 as per Government records as on 1-4-1999. CLAIM PROCEDURE : For payment of claim the head of the office where the Driver is working at the time of accidental death / disablement shall issue a certificate stating that the Driver was in Government service as on 1-4-1999. On the basis of which the Insurance Company shall settle the claim in full directly to the nominee as per Government records, after receiving the necessary documents from the nominee. In the case of Driver who died due to accident or loss major parts i.e., limb or eyes, the head of the office where the Driver worked last before his retirement shall issue a certificate confirming that the Driver was in service as on the date of the introduction of this scheme 1-41999. This certificate shall form basis as above and also the Head of the office also shall issued nominee certificate as per the Government records. The requirements/ documents to be submitted at the time of claim: a) Immediate intimation to the Insurance company by the family member of the Driver or by the nominee; b) Claims forms supplied by the company are to be filled by nominee/driver and to be submitted to the Insurance company along with the following documents; i) IN CASE OF DEATH: 1) Attested copies of FIR , panchanama, 2) Death certificate issued by Government Doctor/MRO certifying the cause of death; 3) Nominee certificate issued by Head of the office as per Government records. 4) Certificate confirming that the Driver was in service as on 1-4-1999 issued by the head of office. 142 ii) IN CASE OF ACCIDENTAL DISABLEMENT CLAIMS: 1) Government Doctor’s certificate confirming the extent of disablement; 2) FIR , if any; 3) Certificate confirming that the Driver was in service as on 1-4-1999. Upon receiving the above documents the Insurance company shall settle the claims within 15 days directly to the nominee by sending the claim amount to the nominee’s address by RPAD under intimation to the head of the office of the concerned Government Department. The Director of Insurance is hereby ordered to make payment of Rs. 55.55 Lakhs (Rupees fifty-five lakhs and fifty five thousand only) to M/s New India Insurance company, R.P.Road, Secunderabad on or before 31—3-1999 drawn from the Head of Account. 7610 – Loans to Government Servants.; MH.800 other Advances, SH.(80) (13) Advance for Long Term Group Janata Personal Accident Policy for Government Drivers ( to be opened) and met from the overall savings within the death. The Insurance company shall commence the risk from 1-4-1999 onwards and shall continue up to 31-3-2014 for a period of 15 years for all the 10.100 Government Vehicles Drivers. Government of Andhra Pradesh who are in service as on 1-4-1999 if the number of Drivers is less than 10.100 the premium amount has to be refunded to Government by M/s New India Assurance to the above head of account. The Insurance Company shall be responsible for maintenance of records and for prompt settlement of claims without any deviation from the procedure as stipulated above In the interest of Drivers, the Insurance Company is requested to circulate the policy copy and the guidelines to all the Drivers in the State through the A.P. Government Vehicles Drivers Central Association, Hyderabad and also the Director of Insurance, Hyderabad. The Director of Insurance is requested to observe the recovery of the Premium installments commencing from the salary of April, 1999 payable on 1-5-1999 in consultation with the Director of Treasuries & Accounts, Andhra Pradesh, Hyderabad and report the same to Government. ( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH ) S.K.ARORA PRINCIPAL SECRETARY TO GOVERNMENT OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD. R.No5789/F2/99 Dated 29-4-99 “COMMUNICATED” Sd/- V.MALYADRI For Transport Commissioner. 143 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SERVICE .A) DEPARTMENT Circular Memo.No.16/Ser.A/98-99. Dated: 21-4-1999. Sub:- P.S.- Quota/Rota rule applicable only for the purpose of recruitment and not for the purpose of determining inter-se-seniority of the incumbents – Clarificatory orders issued in G.O.Ms.No.607, G.A.(Ser.A)Dept., dated 8-11-1992 – Challenged before A.P.A.T. in O.A.No.22/93 and batch – Disposed of – Further instructions – Issued. Ref:- 1. Govt. U.No.NoteNo.16/Ser.A/93-6, dt. 30-4-1993. 2. Govt. Memo No. 16/Ser.A/93-16, dt. 6-3-1996. *** The Special Rules and Adhoc rules for certain services provide a ratio or cycle for recruitment by promotion and by transfer and for direct recruitment which are the three accepted methods of recruitment. Experience has shown that, recruitment through various methods is not being done in the prescribed ratio of cycle quota for various reasons. In such situation and in the exigencies of administration, it has become necessary to induct persons from one source in endless litigation regulating in vacancies in promotional posts remaining unfilled. Rule 33 of the Andhra Pradesh State and Subordinate Service Rules regulates the Seniority of the incumbents appointed to a service, class, category etc. the scope and applicability of this rule was discussed by the Supreme Court of India to Sri Dasoola Rama Rao and another Vs. State of Andhra Pradesh, Sri K.Siva Reddy Vs. State of Andhra Pradesh and Sri M.Gangadharan and other Vs. State of Andhra Pradesh etc. A study of several judicial pronouncements in this regard shows that various interpretations have been placed on this quota or quota rule and the preponderance of the view taken is that the quota or rota Rule is meant only for purposes of recruitment to a particular category, but not to determine the inter-se-seniority of the incumbents belonging to a particular category who are appointed to the post included in that category through different methods of recruitment viz., direct recruitment, promotion and appointment by transfer. Government have, therefore decided to issue clarificatory order in this regard. Accordingly as adhoc rule was issued in G.O.Ms.No.607, G.A.(Ser.A) Department, dt.6-11-1992 clarifying that, the quota or rota if any prescribed in the said special rules of adhoc rules shall apply only for determining the number of vacancies earmarked for recruitment by promotion of appointment by transfer and for direct recruitment but not for determining their inter-se-seniority, and that their inter–se-seniority shall be determined in accordance with rule 33 (a) and (b) of the ?State and Subordinate services Rules. Sri P.Ganeswara Rao and other of Panchayat Raj Department have filed O.A.No.22/93 in Andhra Pradesh Administrative Tribunal for fixing up their inter-se-seniority and the adhoc rule issued in G.O.Ms.No.607, G.A.(Ser.A) Department, dt. 6-11-1992 has also been challenged. Similar other O.S have also been filed before the Andhra Pradesh Administrative Tribunal. The Andhra Pradesh Administrative tribunal in their order dated 24-12-1992 in O.A.No.22/93 have passed the following interim orders: “As the impugned Adhoc rule is like to have far reaching effect and the G.O.Ms.NO.607, dt.6.11.1992 does not indicate that the A.P.P.S.C. was consulted or its copy marked for 144 publication in the Gazette and it has not given any retrospective effect. We consider it appropriate to issue a direction that it will not effect any orders already passed or seniority for the period prior to the issue of G.O.Ms.No.607, dt.6.11.1992 and in implementation of any orders passed by the Courts, A.P.A.T. erstwhile tribunal subsequently to be passed by the Authority in respect of period prior to the issue of adhoc Rules”. The Andhra Pradesh Administrative tribunal in their another order dt.4-3-1993 in O.A.1103/93 filed by Sri.V.Naveen Chand and another has directed the Respondents No.1 i.e., Chief Secretary, General Administration Department as follows:“It is expected that the respondent No.1 takes steps to either have the interim order varied or vacates after filing a counter or until so done, intimate all other Departments about the interim orders of the Tribunal which will apply to all services wherever the impugned G.O., is sought to be relied upon for taking action.” Accordingly the above interim order was communicated to all the Departments of Secretariat under reference 1st cited. Subsequently the APAT., in its part Judgement, dated : 27-41995 in O.A.No.22/93 and batch held that the adhoc rule issued in the G.O referred above is invalid and accordingly declared it void and quashed the same. Put the other contentions of the petitioners have not been disposed by the Andhra Pradesh Administration Tribunal. The Government after examining the above orders of Andhra Pradesh Administration Tribunal dt. 27.4.1995, carried the matter in appeal to the Supreme Court of India void SPL.(C.) No.25247-249/95. The apex Court in its interim orders dt: 9-12-1995 stayed the operation of the Judgement of Andhra Pradesh Administrative Tribunal dt. 27-4-1995 after notices and pending further orders. This order of the Supreme Court of India has been communicated to all concerned for further action at their end in Government Memo second cited. Sd/- x x x x 145 GOVERNMENT OF ANDHRA PRADESH FINANCE AND PLANNING (FIN.PLG . PEN.I) DEPARTMENT. Cir.Memo No. 37989 A /494/A2/Pen.I/98. Dated:21-4-1999 Sub:- Pension – Settlement of Pensionary benefits in time - Avoiding payment of penal interest in case of delay – Instructions – Issued. Ref:- Cir. Memo No 18982-A/183/PSC//88-1,2 &3 dt:25-7-1989 of Finance and Planning (Fw.PSC) Department. *** A detailed procedure for processing of pension papers was prescribed and appended to A.P. Revised Pension Rules 1980 as Appendix – I for payment of Retirement Gratuity and Pension in time without any delay. 2.ROLE OF GOVERNMENT EMPLOYEE: According to para 2 (a) of the said appendix, every Government Servant shall submit the necessary pension forms including list of family members descriptive rolls etc., duly filled in, 18 months in advance to the date of his retirement. The forms shall be arranged to be supplied to the Government Servants free of cost. Thus, it is obligatory on the part of the individual to submit pension papers before 18 months of his retirement. 3. ROLE OF THE HEAD OF THE OFFICE/DEPARTMENT: The Head of the Office shall send the prescribed application form for pension to the Government Servant 18 months in advance of the date of retirement with instructions to submit the forms duly filled in within two months. 4. It is the responsibility of the Head of the Office to prepare the pension papers of an employee due to retirement from service. The responsibility of the employee is restricted only to submission of formal application for pension, descriptive rolls, List of family members and any other declaration certificates necessary. 5. According to para 11 (6) of the said Appendix, the pension papers, have to be forwarded to the pension issuing authorities viz., Accountant General, Director of Local Fund Audit, as the case maybe, 6 months in advance to the date of retirement along with the Service Register together with pension papers and No Due Certificates. 6. Immediately after retirement of a Government Servant the Head of the Office in respect of a Non – Gazetted Officer, and Head of the Department in respect of of Gazetted officer, shall send the Last Pay Certificate to Accountant General / Local Fund Authorities as the case may be. No specific sanction for release of Pensionary benefits after issue of pension verification report by Accountant General, is necessary. 7. Instructions have been issued in the reference cited with a view to get every recorded employee pension on the date on which he would have received his salary but for his retirement. 8. If any delay is anticipated in sanctioning final pension due to unavoidable reasons, Anticipatory pension shall have to be paid by the Head of the Office to the retiree @ 4/10 th of the last drawn employment countable for pension, if the Government Employee puts in 33years of qualifying Service, if not proportionately, under rule 51-A of Revised Pension Rules, 1980. Same is the case of gratuity also as 80% of the amount worked out by the Department shall be paid as anticipatory gratuity under rule 51(B) of R.P.Rs.1980. This can be sanctioned even without waiting for the forwarding of pension papers to the Audit Officers. 146 9. Where Departmental or Judicial Proceedings are pending against any Government Servants, he shall be sanctioned provisional pension under Rule, 52 of R.P.Rs.1980 by withholding gratuity. In this cases, the Department will send pension papers to the Accountant General with such mentioned with a request for only indicating the quantum of pension that would be admissible and not to release the same till further orders. Pension sanctioning authorities are competent to sanction provisional pension to the non-Gazetted Officers. It shall be sanctioned by the Government in the case of Gazetted officers. Necessary clarifications are issued in this regard vide Cir.Memo.No.37254/361/A2/Pen.I/.98 dated : 4-7-1998 of Finance and Planning ( FW.Pen.I ) Department. 10. Further interest shall be allowed on delayed payment of retirement gratuty. The rate of interest is 7% p.a. for the period beyond 3 months and upto 1 year and 10% p.a. beyond 1 year after the gratuty becomes due and payable till the end of the month preceding the month in which the payment is actually made. This interest is allowed on the following conditions: a. Should be sanctioned by the administrative Department concerned with the concurrence of finance Department b. Where disciplinary or judicial proceedings are pending, interest is payable from the date of conclusion of the proceedings. c. The delay should be on account of administrative lapse or for reason beyond the control of the Government Servant concerned. 11. Inspite of viability of liberal provisions for the expeditious, settlement of pensions are stated above, the delays are taking place in sanction of pension, anticipatory pension, provisional pension by the pension sanctioning authorities due to not following the procedure prescribed in the rules. The affected parties are approaching the Courts. In many cases, courts are directing concerned authorities to pay interest on the pension, Gratuity and other terminal benefits causing heavy loss to Government. But as stated above interest at the rates specified in rule 46 of Andhra Pradesh Revised Pension Rules 1980 is payable on the delayed payment of Gratuity only. A.P.R.P. Rs.1980 do not provide for payment of interest on pension. 12. In the above circumstances, all the pension sanctioning authorities and Head of the Offices are directed to settle pension cases as per the procedure stated above without giving scope for payment of interest on pension benefit. 13. Instances have come to the notice of the Government that interest was paid on pension following the Court orders evidently due to the fact that Pension Sanctioning Authority has failed to process the pension case as per the guidelines and consequent delay in finalizing the pension on the date of retirement of a Government Servant. The matter has been examined and the Government have decided that in all cases where interest was paid on pension the amount of interest paid shall be recovered from the pension sanctioning authority. All the Departments of Secretariat and Heads of Departments are requested to follow the instructions scrupulously, and settle the pension cases as per the procedure in future. S.R.K. NAIDU PRINCIPAL SECRETARY TO GOVERNMENT OFFICE OF THE TRANSPORT COMMISSIONER: A.P: HYDERABAD. Memo No. 8228/F5/99 Dated: 23-6-1999 Communicated for information and necessary action. Sd/- V.MALYADRI For Transport Commissioner. 147 GOVERNEMNT OF ANDHRA PRADESH ABSTRACT Public Services – Recruitment (Direct) of candidates by various recruiting agencies – Fixing of the time limit to join duty – Orders – Issued. GENERAL ADMINISTRATION (SER.D) DEPARTMENT G.O.Ms.No.193 Dated: 26-4-1999. Read the following:- G.O.Ms.No.436, GA (Ser-D) Department dated 15-10-1996. ORDER : According to rule 11 (a) of the Andhra Pradesh State and Subordinate Service Rules, 1996 issued in the G.O. read above, a candidate selected for appointment by direct recruitment either through the Andhra Pradesh Public Service Commission or though any other agency, shall be required by the appointing authority to join in the post for which he has been selected within a period of 45 (forty five) days taking the date of despatch (by registered post with acknowledgement due) of the appointment order as crucial date for reckoning the time limit. If he does not join the post within the stipulated period of 45 (forty-five) days, the offer of appointment shall be treated as automatically cancelled and the name of the candidate shall be deemed to have been omitted from the list of approved candidates. 2. According to rule 11(b) of the said Rules a person appointed to a post, otherwise than by direct recruitment shall be allowed a joining time of 30 (thirty) days from the date of receipt of the order of appointment sent to the candidate by registered post with acknowledgement due or by any other means. Where a person fails to join the new post to which he is appointed within the said time limit or evades to join the post by proceeding on leave he shall forfeit his right of appointment both for the present and in future for the post. 3. The Government have reviewed the said stipulated time limit and consider to reduce by 15 (fifteen) days in both the cases and allow the direct recruit time to join within 30 (thirty) days and a promotee within 15 (fifteen) days as they felt that it would be unfair to keep a post vacant for a longer period even after issue or despatch of appointment order to fill up the post which causes much inconvenience to the administration. 4. The Government accordingly decided and order to reduce the time limit by 15 (fifteen) days in both the cases and allow the direct recruit to join within 30 (thirty) days and a promotee within 15 (fifteen) days positively. 5. All the Heads of Departments /Departments of Secretariat, District Collectors / District Judges are requested to bring these instructions to the notice of all the appointing authorities to follow them scrupulously. 6. Necessary amendment to rule 11 (a) & (b) of the Andhra Pradesh State & Subordinate Service Rules, 1996 will be issued separately. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) N.V.H.SASTRY, Secretary to Government. 148 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public Services – Passing of the Departmental Test Special Tests – Exemption from passing of Tests prescribed in the Special rules in respect of employees who crossed 45 years of age – Adhoc Rule – Issued. GENERAL ADMINISTRATION (SER.C) DEPARTMENT G.O.Ms.No.225 1. 2. 3. 4. 5. Dated: 18-5-1999 Read the following: - G.O.Ms.No.165, GA(Ser.C) Dept., Dt. 22-4-1997. Cir. Memo.No.49152/Ser.C/97, GA(Ser.C),Department, dated : 28-7-1997. Cir.Memo.No.10922/Ser.C/98, G.A (Ser.C) Department, dated 26-3-1998. U.O.Note No.37275/Ser.C/98, G.A (Ser.C) Department, dated: 22-07-1998. From the Secretary, A.P.P.S.C., Lr.No.1036/RR/2/99, dated: 13- 5- 1999. *** O R D E R :In the reference first read above an Adhoc Rule was issued as follows: “Notwithstanding anything contained in the Andhra Pradesh State Subordinate Service Rules or in the Special Rules or in Adhoc Rules, the Government employees who have crossed 45 years of age shall be exempted from passing the Departmental tests prescribed in the Special Rules/Adhoc Rules for the purpose of promotion to the next higher category (i.e.) promotion/appointment by transfer to a post above the one held by him/her if they could not pass the same” In the references second to fourth read above, clarifications were issued on the applicability of the Adhoc Rules. The policy of the Government enunciated in the Adhoc rule, is to exempt the employees from passing of the Departmental tests/special tests, in respect of those who crossed 45 years of age, for the purpose of promotion/appointment by transfer to the immediate next higher post, above the one held by the employee if the employee could not pass the same. This concession was to consider the employee for only one promotion after initial appointment to public service, taking into consideration the fact that the individual inspite of his or her best efforts to qualify himself or herself, could not pass the same owing to any personal reasons. Certain employees have challenged the Adhoc Rule & the clarifications thereon in the Court of Law. The Andhra Pradesh Administrative Tribunal in its directions in O.A.No.7612.1998 referred to the Judgement of the High Court of Andhra Pradesh and observed as follows. “The petitioners before the High Court in W.P.No.26210/98 also got promotions from the category of LDCs to the category of Superintendents and the High Court directions that their cases should be considered for further promotion to the post of Assistant Registrar/ Assistant Controller/ Administrative Officer. Though the High Court has not specifically considered the legality of the clarification at Sl.No.5 in Memo No.10922/Ser.C/98, dated : 26-03-1998 when it was contended that the petitioners in the Writ Petition are not entitled for exemption from passing Accounts Test as they were promoted earlier as Superintendents even though they did not pass Accounts Test, the High Court observed as follows:“The argument, that petitioners were promoted to posts of Superintendents though they did not pass the Accounts Test and are not entitled to promotion to next stage, is also 149 without merit. The promotion to the post of Superintendent was on basis of proceedings dated: 27-12-1989, which confined promotion only to one stage. The petitioners are seeking benefit now of G.O.Ms.No.165, dated: 22-4-1997. This is independent of proceedings dated: 27-12-1998. The G.O. does not exclude employee who has received benefit of proceedings of 1989. Hence the argument cannot be accepted”. The aforesaid observations show that, even persons who have got promotions earlier in the service are entitled for getting promotion to one higher post in terms of Adhoc Rule issued in G.O.Ms.No.165, GAD., dated : 22-4-1997. Keeping in view of the above observations, it is decided to omit the wording “if they could not pass the same” occurring in the Adhoc Rule and to recast the Adhoc Rule to the clear and specific in depicting the policy of the Government. Accordingly, the following notification is issued. The Adhoc Rule hereby made shall be deemed to have come into force with effect from 22nd April 1997. NOTIFICATION In exercise of the powers conferred by the provision to article 309 of the Constitution of India and of all Other powers hereunto enabling the Governor of Andhra Pradesh hereby makes the following Adhoc – Rule namely: ADHOC RULE Notwithstanding anything contained in the Andhra Pradesh State and Subordinate Service Rules or in the Special Rules or in Adhoc Rules, the Government employees who have crossed 45 (forty five) years of age shall be exempted from passing the Departmental tests prescribed in the special rules or the Adhoc Rules for the purpose of promotion to the next higher category i.e., promotion or appointment by him or her, if they could not get even one promotion after their initial appointment. Provided that the persons who already got a promotion once where no tests are prescribed for the higher post, the exemption is not applicable to him or her and he or she is to be considered for further promotion to next higher category where tests are prescribed. (This Adhoc rule is applicable from the panel yeas 1997-98). Provided further that the exemption is applicable in case of Department tests or special tests only, where they are prescribed as a pre-requisite for promotion and this exemption shall not be applicable where like technical or academic qualifications are prescribed for promotion to the next higher category of posts. Provided also that the exemption shall not be applicable for declaration of probation, where passing of Department tests or special tests is a pre-condition for declaration of probation. (BY ORDER AND IN THE NAME OF THE GOVERNOROF ANDHRA PRADESH) N.V.H.SASTRY Secretary to Government OFFICE OPF THE TRANSPORT COMMISSIONER: A.P.: HYDERABAD Ldis. Endt.No.7849/C1/99. Dated: 28-6-1999 Communicated to. Sd/- N.V.SUBBARAO For Transport Commissioner. 150 GOVERNEMNT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SER.D) DEPARTMENT Memo.No.29114/Ser.D/99-3 Dated: 25-6-1999. Sub:-Public Services – Preparation of list of approved candidates for promotion/appointment by transfer/Review of the panel – Certain clarification – Issued. *** Rule 6 of A.P.State and Subordinate Service Rules, 1996 deals with the procedure for preparation of list of approved candidates, otherwise called as panel, for promotion or appointment by transfer to higher categories. The second proviso to the said rule, provides for review of the list of approved candidates, after a period of six months reckoned from the date of approval of the panel to consider for inclusion of the employees who subsequently passed the prescribed tests or acquired special qualification and found suitable for inclusion in the panel for the year. The departments are seeking clarification whether an employee who appeared for the test during the panel year and passed the test can be considered for inclusion in the panel. 2. It is clarified that employees who appeared for the tests before the 1st September of the year which is the qualifying date for the panel year and whose results were published subsequent to the qualifying date shall be considered as eligible by the Departmental Promotion Committee or Screening Committee for inclusion in the panel and if the meeting of the Departmental Promotion Committee had already taken place such cases must be placed before the review Departmental Promotion Committee or Screening Committee for review as provided in the A.P.State and Subordinate Services Rules, 1996. N.V.H.SASTRY, Secretary to Government. 151 GOVERNMENT OF ANDHRA PRADESH ABSTRACT PENSIONS – Cases of convicted Pensioners – Prompt Intimation – Regarding. FINANCE AND PLANNING (FIN. WING PEN.I) DEPARTMENT. G.O.Ms.No.84 Dated : 12-7-1999 Read the following: - 1. From the Government of India, Ministry of Home Affairs, New Delhi, Lr.No.PAD/293121(22)PN/78/BSF/PF.II, dt.3-6-1998. *** ORDER: According to rule 8 (1) of the Andhra Pradesh Revised Pension Rules, 1980/Article 357 Civil Services Regulations, future conduct shall be an implied condition of every grant of pension and its continuance under the said rules. The Government of India in their letter read above, have stated that cases of pensioners who are found convicted of service crime or found guilty of grave misconduct are not being reported by the prosecuting Officer/Treasury Officer to the Administrative Authority. In order to avoid recurrence of such cases, Government after careful examination, hereby direct that all the Prosecution Officers and Treasury Officers shall intimate promptly about the cases, where pensioners are convicted, to the concerned Administrative Authorities/Pension Sanctioning Authorities of the State Government and Government of India in case of Central Pensioners to take necessary further action. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) S.P.K. NAIDU PRINCIPAL SECRETARY TO GOVERNMENT. OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD Endt.No.11014/F5/99 Dated : 17-8-1999 Communicated for information and necessary action. Sd/- M.R. PURUSHOTHAM For Transport Commissioner 152 GOVERNMENT OF ANDHRA PRADESH FINANCE AND PLANNING ( FIN. WING. F.R.II) DEPARTMENT Circular Memo No.20225/219/FR.II/99 Dated: 23-7-1999 Sub:-Making of additional charge arrangements in respect of the vacancies arising due to placing of Government Servants under suspension - Instructions – Issued – Regarding. Ref:-1. Circular Memo No. 92-7/044/450/FR.II/A2/92 of the Finance and Planning (FW.FR.II) Department dt.28-10-1992. 2. G.O.Ms.No.189 of General Administration (Ser.C) Department, dt.20-4-1999. *** It has been brought to the notice of the Government that whenever any Government employee is placed under suspension in any disciplinary case, the consequential vacancy is being filled up either by promotion or appointment by transfer by an eligible person. It is further noticed that inordinate delay is being caused to dispose of such disciplinary cases. There by the person promoted or appointed by transfer is being continued in such vacancy for a long time. Government after careful examination of the above position hereby decided to issue further instructions to Circular Memo 1st Cited to the effect that Full Additional Charges arrangements shall be made in the vacancies arising due to placing of a Government servants under suspension in any disciplinary case, wherever necessary under F.R. 49 and shall not be filled up by promotion or appointment by transfer. All the Secretariat Departments and Heads of Departments are requested to follow the above instructions scrupulously. S.K. ARORA, PRINCIPAL SECRETARY TO GOVERNMENT OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD L.Dis.Endt. No.11009/X1/99 Dated : 1-9-99 “COMMUNICATED” Sd/- B.HANOKU, For Transport Commissioner. 153 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SER.C) DEPARTMENT Memo No.23537/Ser.C/99-5 Dated: 28-7-1999 Sub:-Public Services – Disciplinary cases against Government employees – Departmental Inquiries – Time schedule to expedite the Inquiries – Orders – Issued. Ref:- Circular Memo No.35676/Ser.C/98, GA (Ser.C) Department, dated : 1-7-98. *** In the reference cited, orders were issued fixing a time limit for completion of departmental enquiries in all simple cases within a period of three months and in complicated cases within a period of five to six months. In all Departmental enquiries ordered it has been decided by the Government that under rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, the following time limit shall be followed: 1 2 3 4 5 6 7 Fixing date of hearing, inspection of listed documents, submission of nomination of a defense assistant (if not already nominated) list of defence documents and, Inspection of documents or submission of list of defense witnesses/ defense documents or examination of relevancy of documents or witness, procuring the additional document and submission of Certificates, confirming inspection of additional documents by accused Officer or defence assistant Issue of summons to witnesses, fixing the date of regular hearing and arrangement for participation of witnesses in the regular hearing. Regular hearing on day to day basis Submission of written briefs by Presenting Officer. Submission of written briefs by Accused Officer/Defence Assistant to Inquiry Officer. Submission of Inquiry report by the Inquiry Officer Within four weeks from the date of appointment of the Enquiry Officer. Three (3) months Three (3) months Three (3) months Fifteen (15) days Fifteen (15) days Thirty (30) days. In all departmental enquiries the general norm of six months should be adhered to, except in rare cases where number of witnesses go up to 30 or 40 in which case the time limit can be longer. It is noticed that one of the causes for delay in Departmental enquiries is due to non production of documents cited by the Charged Officer as a defence document during the course of enquiry. In order to ensure that the Departmental enquiries are completed in time, the document asked for by the charged Officer should be produced by its custodian through Presenting Officer within a time limit fixed by Inquiry Officer failing which adverse note would be taken against the concerned Officer (custodian of the documents) 154 The other cause for the delay in completion Departmental enquiries within time limit is, taking unreasonable time by the Disciplinary Authorities or Appellate Authority in disposing the representation of the charged officer alleging bias against the Inquiry Officer. The disciplinary Authorities or Appellate Authority should, therefore, decide the representation of the Charged Officer within fifteen days after receipt of the representation of the charged Officer failing which an adverse view will be taken against the concerned Authority. Government reiterates that the Secretaries or Principal Secretaries to Government shall review the progress of the enquiries ordered in all disciplinary cases and submit a note on the cases pending beyond the stipulated time to the Chief Secretary to Government and also to the Chief Minister. The Departments of Secretariat/Heads of Departments/ District Collectors are requested to follow the above instructions and also bring to the notice of all concerned for strict compliance. The receipt of the memo should be acknowledged. Sd/- N.V.H.SASTRY Secretary to Government OFFICE OF THE TRANSPORT COMMISSIONER : ANDHRA PRADESH : HYDERABAD L.Dis.Endt.No.10866/X1/99 Dated : 8-9-1999 “COMMUNICATED” Sd/- B.HANOKU For Transport Commissioner. 155 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SER.C) DEPARTMENT Memo No.15737/Ser.C/99 Dated:9-8-1999. Sub:-Departmental Tests – Publication of results in the Udyoga Samacharam of A.P. Public Service Commission – Delay in publication – Reg. Ref:-1.G.O.Ms.No.235, GA (Ser.A) Dept., dated 23.4.93 2.Govt.Memo.No.668/Ser.A/93-2, GA (Ser.A) Dept., dt.8.7.93. 3.From the Secretary, A.P.P.S.C., Lr.No.1796/DTM/99, dt.29.7.99. *** It has come to the notice of Government that due to the delay in publication of results in Udyoga Samacharam, monthly publication of the Andhra Public Service Commission, the results of the departmental tests is not confirmed, owing to which much difficulty is being faced in regard to the service matters of the employee who appeared for the test. To obviate the problem, the A.P. Public Service Commission is following the following procedure. “If any controlling officer of the concerned department under whom the candidate is working, enquiries about the result of any candidate, the results of those candidates are being confirmed officially by A.P. Public Service Commission to that department, pending publication of results in Udyoga Samacharam. Hence, the letters issued by the Commission confirming the result of any candidate enquired by the concerned department may be accepted for all official purposes, subject to confirmation of the results published in Andhra Pradesh Public Service Commission Udyoga Samacharam.” 2. All departments of Secretariat, all Heads of Departments and the District Collectors are requested to keep in view the above procedure and take necessary action. N.V.H.SASTRY, Secretary to Government. 156 GOVERNMENT OF ANDHRA PRADESH ABSTRACT PUBLIC SERVICES – State and Subordinate Service - Transfers of employees – Certain clarification – Orders – Issued. FINANCE AND PLANNING (FIN. WING. W&M) DEPARTMENT G.O.Ms.No.127 Dated : 24-8-1999 Read the following: - 1. G.O.Ms.No.177, Finance and Planning ( FW W&M) Department, dt.16-10-1997. 2. G.O.Ms.No.236, G.A (Ser.C) Department, dt.27-5-196. *** O R D E R :The following Amendment is issued to the G.O.Ms.No.177, Finance and Planning (FW W&M) Department, dt.16-10-1997. Add the following item to para 6 of the above G.O. “Transfers of Government Servants on medical grounds for the disease (either self, or spouse or dependent children) of Cancer, Heart Operation, Neuro Surgery, Bone T.B, Kidney Transplantation to places where such facilities are available as ordered in G.O.Ms.No.236 G.A (Ser.C) Department dt. 27-5-1996”. The Departments of Secretariat are authorised to issue transfer orders on this ground after satisfying themselves with the genuineness of the cases duly verifying the medical Certificates etc., with concurrence of finance Department. OFFICE OF THE TRANSPORT COMMISSIIONER : ANDHRA PRADESH : HYDERABAD L.Dis.Endt. No.12113/C1/99 Dated 14-9-1999 “COMMUNICATED” Sd/- B.HANKOU For Transport Commissioner. 157 UNIFORM ALLOWANCE TO THE EXECUTIVE OFFICERS OF TRANSPORT DEPARTMENT ANNEXURE-I To G.O.Ms.No.139, Fin & Plg.(FW.TA) Dept., dt.30.8.1999. S.No. Category Existing Allowance Revised Allowance ………….. …………. Transport Department 1. Deputy Transport Commissioner 3000 once in 5 years 4500 once in 5 years 2. Asst.Transport Commissioner 1950 once in 5 years 2925 once in 5 years 3. RTO/Secretary to R.T.A 1500 once in 5 years 2250 once in 5 years 4. Motor Vehicles Inspector 1500 once in 5 years 2250 once in 5 years 5. Asst.Motor Vehicles Inspector 1500 once in 5 years 2250 once in 5 years ………… ………… KIT MAINTENANCE (WASHING) ALLOWANCE ANNEXURE To G.O.Ms.No.140, Fin & Plg.(FW.TA) Dept., dt.30.8.1999 S.No. Department & Category Existing Allowance Revised Allowance ………….. …………. Transport Department 1. Motor Vehicles Inspector 15/- p.m. 22.50 p.m. 2. Asst.Motor Vehicles Inspector 15/- p.m. 22.50 p.m. ………… ………… Sd/- S.K.ARORA, Principal Secretary to Government. 158 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SPECIAL.A) DEPARTMENT Circular Memo No.706/Spl.B3/99-3 Sub:- Date: 28-10-99. Instructions on anonymous/pseudonymous petitions/complaints – Regarding. Ref:-(1) Procedural Instructions of A.P. Vigilance Commissioner issued in Lr.No.66/VC.A2/93-3, dt.10-10-1994. (2) From the Central Vigilance Commissioner, Government of India, New Delhi, Circular No.3 (v)/99/2, dated: 29-06-1999. *** The attention of all Departments of Secretariat, all Heads of Departments and all District Collectors is invited to Para 4(b) and (c) of the Procedural Instructions of the A.P., Vigilance Commission issued in the reference first cited, which are extracted bellow:(b) Anonymous and pseudonymous complaints: Normally allegations contained in an anonymous petition ought not to be taken notice of except in cases where the details given are specific and, therefore, verifiable and the authority that receives such complaints may make such preliminary examination as may be necessary. In the case of petitions which are pseudonymous in character and where a specific address has been given in the complaint it shall be open to the authority which received the petition to address a communication to the person purporting to be the sender of the petition for further information. If it transpires that there is no person of the name at the address given, then it may be considered that the petitioner’s name is a pseudonym and the petition dealt with in the same manner as an anonymous petition. (c) A large number of disgruntled and disappointed persons are apt to make serious allegations against public servants out of malice or frustration. Such people generally do not reveal their identity and prefer to file anonymous or pseudonymous complaints even against public servants to known integrity and good repute. Care must, therefore, be exercised in dealing with such petitions. 2. The Central Vigilance Commission, Government of India, New Delhi in its Circular second cited, opined that one of the facts of life in today’s administration is the widespread use of anonymous and pseudonymous petitions by disgruntled elements to blackmail honest officials. As per the orders issued by Department of Personnel & Training Government of India, New Delhi in their letter No.321/4/91-AVD.III dated 29-09-1992, no action should be taken on anonymous and pseudonymous complaints and should be ignored and only filed. However, there is a provision available in this order that in case such complaints contain verifiable details, they may be enquired into, in accordance with existing instructions. It is, however, seen that the exception provided in this order has become a convenient loophole for blackmailing. The public servants who receive the anonymous or pseudonymous complaints, generally follow the path of least resistance order inquiries on these complaints. A peculiar feature of these complaints is that these are resorted to especially when a public servant’s promotion is due or when an executive is likely to be considered for interview. If nothing else, the anonymous or pseudonymous petitions achieve the objective of delaying the promotion if not denying the promotion. These complaints demoralise many honest public servants. 159 3. The Central Vigilance Commission, Government of India, New Delhi has therefore, issued orders in the reference so cited, that no action should at all be taken on any anonymous or pseudonymous complaints. They must just be filed. 4. The State Government has considered the orders issued the Central Vigilance Commission, Government of India, New Delhi in the circular second cited and decided to adopt the instructions of the Central Vigilance Commission, in respect of anonymous and pseudonymous petitions or complaints received against cadre and non-cadre officers of the State Governments. 5. Accordingly, it is hereby ordered that no action should at all be taken on any anonymous or pseudonymous petitions or complaints, received against the cadre and non-cadre officers of the State Government and they must just be filed. V.ANANDARAU, CHIEF SECRETARY TO GOVERNMENT. 160 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SER. A) DEPARTMENT Memo No.68216/Ser.A/99-1 Dated 15-12-1999 Sub:-Public Services – Subordinate Services – Compassionate appointment of Son/Daughter/spouse of the Government Employees who retire on Medical Invalidation – Further Instructions – Regarding. Ref:- 1. G.O.Ms.No.214, G.A. (Ser.A) Department, dt.9-6-98. 2. G.O.Ms.No.570, G.A. (Ser.A) Department, dt.17-12-98. 3. Govt. Memo No.4241/Ser.A/99-1, dt.28-1-99. @@@ In the G.O. 2nd cited orders have been issued amending the G.O. 1st cited to the effect that the Deputy Secretary/ Joint Secretary/Additional Secretary to Government of General Administration (Services) Department, shall be the Member/ Convenor of the State Level Committee of Officers and the proposals in respect of the cases of Government employees of Heads of Departments/Secretariat Departments shall be placed before the State Level Committee of Officers through General Administration (Services) Department, in Secretariat based on the recommendations of the Medical Board. In the Government Memo 3rd cited a proforma has been prescribed to Heads of Departments and Departments of Secretariat for submitting the proposals of retirement on Medical Invalidation as well as consequential proposals of compassionate appointments on medical invalidation in respect of the cases of Heads of Departments and Departments of Secretariat for placing before State Level Committee for their consideration. The proforma prescribed in the Government Memo. 3rd cited has been reviewed and a revised proforma is enclosed. All the Heads of Departments are therefore requested to send the proposals in respect of their employees relating to retirement on Medical Invalidation and consequential proposals for compassionate appointments to their dependents along with their recommendations, in the proforma enclosed, to this Department through their respective administrative Departments in Secretariat for placing before the State Level Committee of Officers for their consideration and recommendations. All the Departments of Secretariat are also requested to send the proposals if any, in respect of the employees of Secretariat Departments n the proforma enclosed for placing before the State Level Committee of Officers for their consideration and recommendations. N.V.H.SASTRY Secretary to Government OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD Ldis. Endt. No.17778/C1/99 Dated 13-1-2000 “COMMUNICATED” Sd/- N.V.SUBBA RAO For Transport Commissioner 161 GOVERNMENT OF ANDHRA PRADESH FINANCE AND PLANNING (FW: W&M) DEPARTMENT Memo.No.164-B/25/A2/W&M/2000 Dated:28.2.2000 Sub:-Ban on purchase of new vehicles – Procedure for condemnation of the vehicles and hiring of the vehicles by all Departments of Secretariat and Heads of Departments – Further instructions – Regarding. Ref:-1.G.O.Ms.No.5, F&P (W&M) Dept., dt.4.1.94. 2.G.O.Ms.No.333, G.A (OP.II) Dept., dt.31.7.97. 3.Cir.Memo.No.3813/644/A2/W&M/98, dt.8.1.99 of Fin&Plng (FW.W&M) Dept. *** While issuing ban orders on purchase of new vehicles the procedure to be followed on hiring the vehicles has been clearly indicated in the G.O 1st cited. 2. In the G.O. 2nd cited, orders issued regarding condemnation of old vehicles. 3. In the Circular Memo 3rd cited, the Departments of Secretariat and Heads of Departments were requested to follow the instructions issued scrupulously and to obtain the prior permission from the Government in Finance department before hiring a vehicle. 4. It is observed that inspite of ban orders in force and very clear guidelines on the procedure for condemnation of vehicles number of proposals are being received in Finance Department, either to relax ban orders for purchase of new vehicles or to accord permission to hire the vehicles without condemnation of the old vehicles. 5. In view of the above while enclosing the copies of the orders first and second cited the following further instructions are also issued and the Department of secretariat and Heads of Departments are requested to follow them scrupulously without any deviation. a) Proposals for relaxation of ban on purchase of new vehicles shall not be entertained. b) Proposals for hiring of vehicles should be accompanied with condemnation certificate issued by the appropriate authority which shall be in strict conformity with the orders issued in G.O.Ms.No.333, GA (OP.II) Department, dt.31.7.1997. c) The driver of the condemned vehicle should be surrendered to Finance and Planning (FW:SMPC) Department. d) The charges required for hiring of vehicles shall be debited to “690 Hiring of Private Vehicles, and shall be met by way of reappropriation from the funds available under the detailed head 450 – Petrol, Oil & Lubricants, 050/057 Maintenance of Motor Vehicles” under the respective Major and Minor and Sub-Head of account of the Departments concerned, as no additional amounts towards hiring of vehicles will be allowed to the Departments. e) The hiring charges including Petrol, Driver Batta and Maintenance charges with a coverage of 2,500 K.M per month shall not exceed to Rs.10,000/- P.M. 6. All the Departments of Secretariat and Heads of Department and all Sections in Finance Department are requested to follow the instructions issued in this regard. S.K.ARORA, Principal Secretary to Government. 162 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (SER.D) DEPARTMENT Memo.No.11305/Ser.D/2000-1 Dated: 3.3.2000. Sub:- Public Services – Andhra Pradesh State & Subordinate Service Rules, 1996 – Operation of approved panel as provided in Rule 6(b) & (c) of the General Rules – Reiterated – Regarding. *** Several enquiries are being made whether annual panels approved in terms of rule 6 of the Andhra Pradesh State & Subordinate Service Rules, 1996, can be operated upto 31st December of the succeeding year. 2. According to rule 6 of the said rules, the validity of the panel is from 1 st September of the year to 31st August of the succeeding year and the vacancies estimated that may arise during that period only are to be considered for promotion of the eligible candidates. However, only for those vacancies which arose during the panel year if there has been delay in issuing orders of appointments/promotions for any administrative reasons, orders of promotion can be issued upto 31st December of the year to the candidates from out of the panel already approved and not for the vacancies that arose after 31st August of the said year. 3. All the Departments of Secretariat, Heads of Departments/Collectors and other appointing authorities may keep this in view at the time of processing such cases. N.V.H.SASTRY, Secretary to Government. 163 GOVERNMENT OF ANDHRA PRADESH EDUCATION (SER.I) DEPARTMENT Memo No.3691/Ser.I-2/2000-1 Dated:14.3.2000 Sub:-P.S – Education (SE) Department – Launching of criminal proceedings on misappropriation cases besides Departmental enquiry – Instructions – Issued . Ref:-Govt.Memo.No.2261/Ser.C1/79-2, dated 23.10.79. *** It has been brought to the notice of the Government that, in several cases of misappropriation, no criminal cases are being launched on the ground that Departmental action has been initiated in all such cases. But in a majority of cases, even departmental action also is not being initiated, which is quite irregular. 2. In all such cases, i.e., wherever a prima facie case of misappropriation of Government funds by the Government servants is established, police complaint should be lodged with the concerned Station House Officers by head of office concerned irrespective of the quantum of the amount that was misappropriated, besides initiating departmental proceedings in accordance with the A.P.C.S (CC&) Rules, 1991. All H.O. Driving Schools working under the control of School Education Department shall therefore ensure that instructions are issued to all heads of offices under their control and action as proposed above, is taken in all misappropriation cases hereafter. M.CHAYA RATAN Secretary to Government. 164 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Medical Attendance – Medical Attendance to Government employees/Retired employees – Reimbursement of treatment etc., incurred – Raising of maximum ceiling from Rs.50,000/- to Rs.75,000/- - Orders – Issued. HEALTH MEDICAL & FAMILY WELFARE (K1) DEPARTMENT Dated: 5.5.2000 Read the following:G.O.Ms.No.170, M&H, dated:14.3.85 G.O.Ms.No.281, HM&FW, dated:1.5.89. G.O.Ms.No.134, HM&FW(K1) Dept, dt.2.4.92. From the A.P.Govt.Retd.Employees Association, dt.19.4.97. From the APNGOs’ Association , Hyderabad, dt.3.5.97. From B.Y.Satyanarayana, D.S. to Govt., F&P(FW.PC.I) Dept, D.O.Lr.No.35681A/542/PC.I/99, dated 31.8.99. G.O.Ms.No.161 1. 2. 3. 4. 5. 6. ORDER: Orders were issued in the Government order third read above, fixing the maximum limit at Rs.50,000/- (Rupees fifty thousand only) to Government employees towards reimbursement of expenses incurred by them on medical treatment, subject to the conditions specified therein. 2. The President, Andhra Pradesh Retired Government Employees Association and Andhra Pradesh Non-Gazetted Officers Association in their representations fourth and fifth read above, have requested the Government enhance the ceiling from Rs.50,000/- to Rs.1,50,000/- since the cost of treatment is invariably exceeding Rs.50,000/-. 3. The Pay Revision Commission, 1999 has recommended to enhance the ceiling limit from Rs.50,000/- to Rs.75,000/- for reimbursement of the medical expenses to State Government employees. 4. Government, after careful examination of the matter have decided that the maximum ceiling of Rs.50,000/- reimbursable to Government employees/Retired employees and their dependents, towards reimbursement of medical expenditure shall be raised from Rs.50,000/- to Rs.75,000/- (Rupees seventy five thousand only) subject to the conditions existing now. Any expenditure in excess of the enhanced Government employees/Retired Employees and their dependents themselves. However, the procedure of requirement of referral letter by NIMS or SVIMS to obtain treatment in recognised private hospitals shall be continued. 5. This order issues with the concurrence of Finance and Planning (Fin.Expr) Department vide their U.O.No.2410/636/A2/EBS/III/2000, dated 1.2.2000. (BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH) MOHD.SHAFIQUZZAMAN, Secretary to Government. 165 GOVERNMENT OF ANDHRA PRADESH FINANCE & PLANNING (FIN.WING-W&M) DEPARTMENT Cir.Memo.No.5423/342/A2/w&M/2000 Dated: 9.8.2000. Sub:-PUBLIC SERVICES – State and Subordinate Services – Transfers of employees – Regarding. Ref:-1.G.O.Ms.No.177, F&P (FW.W&M) Dept., dt.16.10.97. 2.G.O.Ms.No.507, G.A (AR&T.I) Dept., dt.3.12.99. *** Kind attention of all the Departments of Secretariat and Heads of Department are invited to the orders issued in the reference cited. Government have issued instructions vide G.O.Ms.No.177, Fin.&Plg. (FW.W&M) Dept., dt.16.10.1997 imposing ban on transfers of Government employees except the transfers which are invitable on account of disbandment of posts, reversions, retirements, promotions, repatriations, deputations and disciplinary proceedings, Orders have been issued in G.O.Ms.No.507, G.A (AR&T.I) Dept., dt.3.12.1999 to effect the transfers through counseling system in the month of May. These orders have also been made applicable to Public Sector Institutions/Local bodies including Municipal Corporations and all Grants-in-aid institutions. These ban orders are relaxed in some cases without the knowledge of the Finance and Planning (Fin.Wing-W&M) Dept., dt.16.10.1997. 2. It is once again brought to the notice of all the Departments of Secretariat and Heads of Department to follow the instructions scrupulously. 3. All the District Treasury Officers and Assistant Treasury Officers/Sub Treasury Officers and Pay and Accounts Officer, Hyderabad, including Pay and Accounts Officers of Projects Wing are directed not to admit the Salary bill of the employees who are transferred without the concurrence of Finance and Planning (Finance Wing-Ways & Means) Department. S.K.ARORA, Principal Secretary to Government 166 GOVERNMENT OF ANDHRA PRADESH FINANCE AND PLANNING (FW.FR.II) DEPARTMENT Memo No.25778/350/A2/Fr.II/2000 Dated:2.9.2000. Sub:-F.Rs – Admissibility of D.A., H.R.A & C.C.A on Additional Pay sanctioned under FR.49 – Clarification – Reg. Ref:-From the DTA,AP, Hyderabad. Lr.No.A3/2520/96, dt.6.7.2000. *** In the reference cited, the Director of Treasuries and Accounts, A.P, Hyderabad has requested to clarification on the admissibility of D.A., H.R.A. & C.C.Aon Additional Pay sanctioned under F.R.49. 2. It is clarified that orders were issued in G.O.Ms.No.401, Finance & Planning (FW.FR.I) Department, dt.17.11.77 to the effect that the additional pay admissible under FR.49 shall be treated as pay under FR.9(21)(a) and that the Additional Pay sanctioned under FR.49, may be reckoned as pay for the purpose of calculation of Adhoc Dearness Allowance, House Rent Allowance, City Compensatory Allowance and Leave Salary. 3. The Director of Treasuries & Accounts, A.P, Hyderabad is hereby directed to follow the above orders. S.K.ARORA, Principal Secretary to Government 167 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Administrative Reforms – Delegation of Financial Powers to Heads of Departments, Regional Officers and District Officers and Unit Officers in respect of certain Common Items of expenditure – Enhancement of Financial Powers on certain Common Items of Expenditure – Orders – Issued. FIN. & PLG.(FW:ADMN.I.TFR) DEPARTMENT G.O.Ms.No.148 Dated: 21-10-2000. Read the following:1. G.O.(P) No.703, G.A. (AR&T.I) Dept., dt.04-12-1978. 2. G.O.Ms.No.215, F&P (FW.A&L) Dept., dt.14-09-1983. 3. G.O.Ms.No.102, G.A. (AR&T.Desk) Dept., dt.24-02-1986. 4. G.O.Ms.No.490, G.A.(AR&T. Desk) Dept., dt.28-09-1994. 5. G.O.Ms.No.389, G.A. (AR&T.I) Dept., dt.04-09-1996. 6. G.O.Ms.No.100, G.A. (AR&T.I) Dept., dt.18-03-2000. ORDER: Orders were issued in the Government Order 6th read above, Constituting a Committee consisting of Special Chief Secretary & Chief Commissioner, Land Administration as Chairman and Secretary to Government (Coord.), General Administration Department as Convenor, Prl. Secretary to Government, Revenue Dept., Prl. Secretary Finance and Planning (FW) Department and Prl. Secretary to Government, Panchayat Raj & Rural Development (RD) Department as Members, to examine and to suggest further enhancement of delegation of Financial Powers. The said Committee has considered the existing Financial Powers as contained in the Government Orders 1st, 2nd &6th read above in respect of some common items of expenditure to Departments of Secretariat, Heads of Departments, Regional Officers and District Officers and Unit Officers and made certain recommendations. 2. Government after careful consideration of the recommendations of the Committee for enhancement of the existing Financial Powers on certain common items of expenditure, have agreed to the recommendations of the Committee. 3. Government have accordingly, in pursuance of the decision taken in para 2 above and in modification of the orders issued in the Government Orders 1st, 2nd & 5th read above, fix the revised monetary ceiling limits of Financial Powers to be exercised by each authority as detailed in the Annexure to this order, subject to the following conditions. 1. The above delegation of financial powers are subject to availability of Budget provision. 2. Where already higher powers are delegated on certain common items of expenditure, such higher provision will continue. 3. Where higher powers are not delegated on certain common items of expenditure now, the existing powers delegated earlier will continue. 4. The Departments of Secretariat/Heads of Departments and the District Collectors are requested to communicate these orders to the Regional Officers, District/Unit Officers and other sub-ordinate Officers under their administrative control for taking necessary action. 5. No separate concurrence of the Finance & Planning (FW) Department is required to exercise the enhanced financial powers as stated in para (3) above, while issuing Proceedings, this should be invariably mentioned by the concerned authority by quoting this G.O. 6. This order comes into force with immediate effect. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) S.K.ARORA, Principal Secretary to Govt. 168 S.No. 1 1 Ceiling limits for Secretariat/Head of Ceiling limits of Item of Expenditure Depts/Dist. Regional Officers Collectors 2 3 4 Full Powers (Subject Maintenance of Motor to guidelines vide Vehicle: G.O.Ms.No.333, 20,000 Per Vehicle (a)Light Vehicles G.A.(OP.II) Deptt., Dt.31-07-1997) (b) Heavy Vehicles 2 3 4 5 6 7 8 9 10 -do- Purchase of Stationery Full Powers Purchase of Steel & Wooden Furniture:(a)Purchase of Full Powers Furniture (b)Repairs to Furniture Full Powers Full Powers according to plinth area values and rent assessment by R&B Dept. (Subject to following the instrucRent for Office tions issued in Building G.O.Ms.No.35, F&P (FW.EBS.PWD) Dept., dt.27-2-97 read with Memo No. 127/R&B/97, dt.9.6.97 Purchase of Bulbs & Full powers Lamps 300/- at a time not Light refreshments exceeding Rs.2000/p.m Repairs to Typewriters Full powers Ceiling limit for Dist/Unit Officers (other than Collectors) 5 20,000 Vehicle Per Per Full Powers 40,000 Vehicle Full Powers 50,000 10,000 5,000 5,000 Full Powers according to plinth area values and rent assessment by R&B Dept. Full Powers according to plinth area values and rent assessment by R&B Dept. 10,000 -- 200/- per month 200 per month 40,000 Per Vehicle Full powers Full powers subject Full Powers subject to to technical Condemnation of technical scrutiny by Scrutiny by Public Vehicles Public Works Dept. or Works Dept. or Area Transport Officer Area Transport Officer Repairs to Duplicators Full Powers Full Powers Organisation of Sports 50,000 10,000 & Games Full powers Full powers subject to technical Scrutiny by Public Works Dept. or Area Transport Officer Full Powers 10,000 169 1 2 3 22 Electrical Installations (a) For additional improvements & alterations to the existing electrical Full Powers installations for each building and apartments in the compound (b) Improvements, alterations and new 1,00,000 installations to new buildings Printing Locally without referring to Full Powers Govt. Press Rs.5,000/- on each Visits of High Occasion Subject to a Personnel ceiling of Rs.50,000 Purchase of NonGovt. publications relevant to law and Full Powers Administrative Management Crockery, Cutlery & Utensils (initial 5,000 Purchases) Printing and Binding Full Powers Purchase of wall clocks not exceeding one piece of each unit 1,000 office at a cost not exceeding Purchase of Fans Full Powers Write off of various Full Powers kinds Air Coolers Full Powers Drawal of amounts on Abstract Contingent 10,000 bills Photographic Charges --------- 23 Freight charges 11 12 13 14 15 16 17 18 19 20 21 24 25 Full Powers Apparatus, instruments and Full Powers Machinery Purchase of Stores Full Powers 4 5 5,000 5,000 50,000 50,000 Full Powers Full Powers No limit on occa- No limit on occasion not exceeding sion not exceedRs.5,000 p.a. ing Rs.5,000 p.a. 5,000 5,000 1,000 1,000 Full Powers Full Powers 500 500 Full Powers Full Powers Full Powers Full Powers --------- -------- --------- -------- -------- 1,000 Full Powers Full Powers subject subject to to eligibility eligibility Full Powers Full Powers -------- --------- 170 1 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2 Legal Costs Expenditure on Exhibitions Maintenance of Residential and nonresidential buildings of prison Departments Petrol, Oil, Lubricants 3 Full Powers 4 Full Powers 5 Full Powers Full Powers --------- ------------ Full Powers --------- ------------ Full Powers Full Powers Full Powers Full Powers (through Maintenance of (through APTS or APTS or original Computers original Manufacturer) Manufacturer) Maintenance of Xerox Full Powers Full Powers Machine Maintenance of Fax Full Powers Full Powers Machine Purchase of Computer/ Fax Machine Stationary (Printer Full Powers Full Powers Ribbons, Heads, Cartridges, Floppies, CDs & Tapes etc.) Air Coolers Repairs Full Powers Full Powers Supply of Uniform cloth to Class IV Full Powers Full Powers Employees Telephone for ConneFull Powers Full Powers ctivity Purposes Internet Service Full Powers 1,000 Charges Refreshments expenditure on visits of Full Powers 1,000 Official from other States Purchase of Batteries Full Powers Full Powers Pest Control Measures, Fire Alarm Full Powers Full Powers and Fire extinguisher maintenance Electrical & Net working works relating to Computer, Full Powers Full Powers Air Conditioner and UPS equipment Courier Charges Full Powers Full Powers Supply of Uniform cloth for Junior Forest Full Powers ----------Officers Full Powers Full Powers (through APTS or original Manufacturer) Full Powers Full Powers Full Powers --------Full Powers Full Powers 1,000 500 Full Powers Full Powers Full Powers Full Powers ----------- 171 GOVERNMENT OF ANDHRA PRADESH ABSTRACT PUBLIC SERVICES – State and subordinate services – Transfer of employees – Certain clarifications – Orders – Issued. FINANCE & PLANNING (FW:W&M) DEPARTMENT G.O.Ms.No.179 Dated : 28-11-2000. Read the following: - 1. G.O.Ms.No.177, F&P (FW:W&M) Dept., dt.16-10-1997. 2. G.O.Ms.No.127, F&P (FW:W&M) Dept., dt.24-08-1999. 3. 4. 5. 6. Cir.Memo.No.49376-A/736/A2/W&M/98, F&P (FW.W&M) Dept., dt.11-02-1999. G.O.Ms.No.507, Genl. Admn.Dept., dt.03-12-1999. Cir.Memo.No.5423/342/A2/W&M/2000, Fin.&Plg.(FW:W&M) Dept., dt.09-08-2000. G.O.Ms.No.139, F&P (FW:W&M) Dept., dt.29-09-2000. ORDER : In the reference 1st cited orders were issued indicating the position on transfer of Government employees. Accordingly all transfers are banned except those covered under the following cases. 1. Transfers which are inevitable on account of disbandment of posts, reversions, retirements promotions, repatriations, deputations and disciplinary Proceedings (G.O.Ms.No.293, dt.0110-1996). 2. In respect of skilled Doctors in Tubectomy/Vascotomy in A.P.Medical and Health Service. District Collectors are Permitted to effect the transfers of Doctors within their district only (G.O.Rt.No.405, dt.25-03-1997). 3. In respect of transfers proposed within the Adilabad District and for transfers from outside into Adilabad Dist. These orders are restricted only to Adilabad Dist. (G.O.Rt.NO.455, dated: 27-03-1997). 4. Transfers involving posting of married couples in the same place. Only one of the spouses can be shifted following the prescribed procedure. 5. Transfers approved by Govt. following prescribed procedure with specific approval of Finance & Planning (Fin.Wing – Ways & Means-I) Department. 2. Further in the G.O.2nd read above orders were issued effecting:- Transfers of Govt. Servants on medical grounds for the diseases (either self or spouse or dependent children) of Cancer, Heart Operation, Neuro Surgery, Bone T.B., Kidney Transplantation to places where such facilities are available as ordered in G.O.Ms.No.236, G.A.(Ser.A) Dept., dt.27-05-1996. 3. Orders were issued in the reference 3rd cited indicating the procedure to be following on the transfers proposals. 172 4. In the reference 4th read above the orders issued on the transfers are as follows :There shall be counseling relating to transfers in all Departments. All transfers shall be taken up and completed in the month of May every year in all Departments excepting the Irrigation Department. In the Irrigation Department, the transfers shall be taken up and completed in December every year. All the Departments will prepare guidelines for counseling. The Evaluation and allotment of marks to the employees shall be done quarterly. The evaluation results shall be published quarterly to promote healthy competition. 5. Instructions were also issued in the Cir.MemoNo.5423/342/A2/W&M/2000, dt.09-082000 to all the Treasury Officers and P.A.O’s not to admit the Salary bills of the employees who are transferred without the concurrence of Finance & Planning (FW.W&M) Department. 6. In the reference 6th cited orders were issued relaxing the ban orders in respect of Excise Department duly following the guidelines indicated therein. 7. The Departments of Secretariat are referring the files to Finance Department for relaxation of ban orders to effect the transfers. Further in respect of certain cases the Departments of Secretariat are obtaining orders in circulation and referring the files to Finance Department for concurrence. In certain other cases after issue of the transfer orders already issued. With a view to streamline the procedure to effect the transfers by giving more autonomy to the heads of the departments and the Secretariat heads, the following instructions are issued on procedure to effect the transfers. (i) The District Collectors and the Heads of the Departments are authorised to effect the transfers in respect of Class IV employees and Non-Gazetted Officers respectively for all such cases covered under the exemption clauses (I) to (iv) under para (6) of G.O.Ms.No.177, Finance & Planning (FW:W&M) Department, dt.16-10-1997 and under G.O.Ms.No.127, Finance & Planning (FW:W&M) Department dt.24-08-1999 without seeking any concurrence of Finance Department. (ii) Secretaries of the concerned departments are authorised to effect transfers in respect of Gazetted officers for all such cases covered under the exemption clauses (I) to (iv) in para (6) of G.O.Ms.NO.177, Finance & Planning (FW:W&M) Dept., dt.16-10-1997 and under G.O.Ms.No.127, Finance and Planning (FW:W&M) Department dt.24-08-1999 without any concurrence of the Finance Department. (iii) Orders issued under clause 7(I)&(ii) above shall not require the concurrence of Finance Department. However it shall be mandatory for the District Collectors/heads of Departments/Secretaries to certify the specific exemption clause under which the transfer has been ordered in the order of transfer to be signed by the concerned District Collectors/Heads of Departments/Secretaries of the Department, falling which the Treasury Officers/Pay & Accounts Officers Concerned shall not admit T.T.A. bills into audit. (iv) In respect of all other cases (both Gazetted and Non –Gazetted) for which relaxation of ban orders is required, on receipt of transfers proposals from the Heads of Departments the Secretary of the Department of Secretariat shall process the proposals giving due justification for the proposed transfer and shall obtain orders in circulation upto C.M. through the concerned Minister of the Department concerned and the Finance Minister. After obtaining orders in circulation the 173 Department of secretariat shall send the proposal to Finance & Planning (Fin.Wing-W&M) Department for concurrence. 8. All the Departments of Secretariat and Heads of the Departments are requested to note that the instructions issued in the present G.O. does not mean that the general ban on transfers is relaxed. General ban on transfers is still in force including mutual transfers and the transfers without any financial implications. General transfers will be effected only as per the guidelines issued in G.O.Ms.No.507, G.A. (AR&T) Department, dt.03-12-1999 with specific approval of the Government following the procedure prescribe in para 7(iv) above. Instructions issued in the G.O. are to facilitate the departments to effect transfers covered under the exemption clauses where the general ban on transfers does not apply. It also prescribes the procedure to be adopted to effect the transfers for such special cases which are not covered under the exemption clauses stated above and for which specific relaxation of general ban orders is required. 9. All the District Treasury Officers and Pay and Accounts Officer are directed not to honour any transfer orders until and unless the exemption clause under which the transfer is effected, is indicated specifically and the order is signed by the designated authorities as per para 7(iii) above. They are also directed to note that no transfer orders shall be honored until and unless specific concurrence of Finance and Planning (FW:W&M) Department is mentioned for the transfers orders issued vide para 7(iv) above. 10. All the Departments of Secretariat, Heads of Departments and District Collectors are requested to follow the above instructions scrupulously. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) S.K.ARORA, Principal Secretary to Govt. 174 GOVERNMENT OF ANDHRA PRADESH ABSTRACT PUBLIC SERVICES – A.P.State and Subordinate Service Rules, 1996 – Time to join a post on appointment otherwise than by direct recruitment – Fixing of time limit – Orders – Issued. GENERAL ADMN. (SER.D) DEPARTMENT G.O.Ms.No.430 Dated: 19-12-2000. Read the following:1. G.O.Ms.No.436, G.A.(Ser.D) Dept., dt.15-10-1996. 2. G.O.Ms.No.193, G.A. (Ser.D) Deptt., dt.26-04-1999. 3. G.O.Ms.No.340, G.A. (Ser.D) Deptt., dt.23-07-1999. 4. Govt. Lr.No.42310/Ser.D/2000-3, GAD, dt.23-10-2000. 5. From the Secretary, APPSC, Hyderabad, Lr.No.1834/RR/2/2000, dt.30-11-2000. ORDER : According to rule 11(b) of the A.P. State and Subordinate Service Rules 1996 a person appointed to a post, otherwise than by direct recruitment, shall be allowed a joining time of ‘15’ days from the date of receipt of the order of appointment sent to the candidate by registered post with acknowledgement due or by any other means. Where a person fails to join the new post to which he is appointed within the said time limit or evades to join the post by proceeding on leave, he or she shall forfeit his or her right of appointment both for the present and in future for the post. 2. Instances have been brought to the Government now and then indicating some or other reasons for relaxation of rule 11(b) of the said rules for allowing a candidate appointed to a post otherwise than by direct recruitment, to join the said post even after expiry of the prescribed period of 15 (fifteen) days and in some cases some appointing authorities themselves resorting to relax the rules in a routine manner even without justifying the reason for such relaxation. Taking this as an advantage some of the individuals seems to have chosen to take their own time for joining the new post by proceeding on leave or resorting to any other means styling as administrative reasons though many times it is for a suitable posting of choice, it appears there by causing inconvenience for proper operation of the approved list and thereby resorting to relaxation of rules for getting retrospective seniority etc., against the intention of prescribing minimum period to join duty. 3. The Government have reviewed the position and decided to allow the promotee to join duty within 15 (fifteen) days period from the date of receipt of the order of appointment sent to the candidate by registered post with acknowledgement due or by any other means. If he or she does not join the post within the stipulated period of 15 (fifteen) days or evades to join the post by proceeding on leave the offer of appointment shall be treated as automatically cancelled and the name of the candidate shall be deemed to have been omitted from the list of approved candidates, he shall forfeit his right of appointment both for the present and in future for the post. 4. All the Heads of Departments/Departments of Secretariat/District Collectors/ District Judges are requested to bring these instructions to the notice of all the appointing authorities to follow the scrupulously. 5. Necessary amendment to rule 11(b) of the Andhra Pradesh State and Subordinate Service Rules, 1996 will be issued separately. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) G.S.R.C.V.PRASAD RAO, Secretary to Government. 175 GOVERNMENT OF ANDHRA PRADESH HEALTH MEDICAL AND FAMILY WELFARE (K1) DEPARTMENT Memo No.1815/K1/2001-1 Dated: 24-03-2001. Sub:- Medical Attendance – Reimbursement of Expenditure for the treatment at Government Hospitals – Sought for clarification – Regarding. Ref: - From the PAO, Hyderabad Lr.No.PAO/Contract.Ordn./179/2001, dt.11-01-2001. *** The attention of the Pay and Accounts Officer, Hyderabad is invited to the reference cited. 2. In the circumstances stated by the Pay and Accounts Officer, Hyderabad in the reference cited above, it is clarified that for the treatment in Government Hospitals obtained by the Government employees both serving/retired and their dependents, the bills should be scrutinised and counter-signed by the Superintendent of concerned hospital, if he is equal in rank of Additional Director rank, such bills need not be sent again to the Director, Medical Education, Hyderabad for scrutiny as per G.O.Ms.No.373, Health Medical and Family Welfare (K1) Department, dt.20-01-2000. 3. It is further clarified that if the employees and their dependents obtained treatment at their residence or at the High Court Secretariat Dispensaries and if the prescribed medicines are not available in the respective Dispensaries, such bills should be countersigned by Medical Officer of the said Dispensary and should be sent to the Director, Medical Education, Hyderabad for scrutiny purpose, as they are not equal to the rank of Additional Director. 4. In respect of the claims relating to the period prior to the issue of the said G.O. all the original bills should be sent to Director, Medical Education, Hyderabad for scrutiny purpose and then follow the existing procedure for sanction of medical reimbursement claims since the orders issued in G.O.Ms.No.373, Health, Medical and Family Welfare (K1) Department, dt.20-10-2000 shall come into force with effect from the date of issue of the G.O., i.e., w.e.f.20-10-2000. C.ARJUNA RAO, Special Chief Secretary to Govt. 176 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Cheques – Validity period of the Government Cheques – Revised – Orders – Issued. FINANCE & PLANNING (FW.DMN.I-TER) DEPARTMENT G.O.Rt.No.873 Dated: 24-04-2001. Read the following:- Letter No.F1/18485/99, dt.04-09-1999 from the Director of Treasuries and Accounts, Andhra Pradesh, Hyderabad. ORDER : According to SR 45 (b) under TR 16 of the Andhra Pradesh Treasury Code, Vol.I, a Government Cheque shall be payable at any time within three months after the month of issue. Thus a cheque having date at any time in January is payable at any time upto 30th April. 2. The Director of Treasuries and Accounts, Andhra Pradesh, Hyderabad in his letter read above submitted the proposals to reduce the validity period of the cheque. 3. After careful consideration of the above proposal and in order to streamline the cash outflow and Accounting procedure, Government hereby order that a Government Cheque shall be payable at any time within one month from the date of The relevant provisions of the Andhra Pradesh Treasury Code shall be deemed to have been modified to the extent of these orders. Necessary amendment to the rules will be issued separately. 4. The relevant provisions of the Andhra Pradesh Treasury Code shall be deemed to have been modified to the extent of these orders. Necessary amendment to the rule will be issued separately. 5. These orders will come into force with immediate effect. (BY ORDER AND IN THE NAME OF THE GOVENOR OF ANDHRA PRADESH) S.K.ARORA, Principal Secretary to Government. 177 GOVERNMENT OF ANDHRA PRADESH FINANCE (PEN.II) DEPARTMENT Cir.Memo No.226/A1/P2/2001 Dated: 20-06-2001. Sub:- GPF – Furnishing of latest address of the Subscribers to A.G., A.P.,(A&E), Hyderabad, Instructions – Issued. Ref:- From the Deputy A.G., Office of the A.G., (A&E) A.P., Hyderabad , D.O.No.FM/GI.II/ 1-67/01/02/88, dt.17-04-2001. The Deputy Accountant General (Funds) Office of the Account General (A&E) A.P., Hyderabad in their D.O. letter cited have requested the Government to issue instructions to all Heads of Departments/Drawing and Disbursing Officers to furnish details regarding the names, General Provident Fund Account Numbers of all Government Servants who are contributing the General Provident Fund Account Numbers of all Government Servants who are contributing to General Provident Fund and working under their control in duplicate by end of June, 2001 in the proforma enclosed. 2. Therefore all the Head of Departments/Drawing and Disbursing Officers are requested to furnish the details of subscribers of General Provident Fund who are working under their control with the correct account numbers including the departmental suffix in the proforma enclosed, to the Accountant General, A.P., Hyderabad immediately. P.SAIDULU, Officer on Special Duty. PROFORMA DETAILES OF SUBSCRIBER TO GENL. PROVIDENT FUND Sl. No. Name of the Subscriber & designation Account No. with Dept. Suffix Remarks Station last Worked HEAD OF THE OFFICE/DEPARTMENT 178 GOVERNMENT OF ANDHRA PRADESH GENERAL ADMN.(DPC.DESK.I) DEPARTMENT U.O.Note NO.41886/DPC.I/2001-1 Dated: 06-09-2001. Sub:- Estt. – Convening of D.P.Cs for Heads of Departments (N.C) and D.P.Cs for fourth Gazette Gazetted level and above – D.P.C. Meetings – Panel Year 2001-2002 – Proposals – Called for. Ref:- 1. G.O.Ms.No.187, GA (Ser.B) Dept., dt.25-04-1985. 2. U.O.Note No.42455/DPC.I/2000-1, GA(DPC.I) Dept., dt.31-08-2000. 3. G.O.Rt.No.1583, GA (DPC.I) Dept., dt.31-08-2001. In Pursuance of the orders issued in the G.O. first cited, Departmental Promotion Committees were constituted and the same were last reconstituted in the reference third cited. 2. Instructions were issued from time to time each panel year to enable the departments of Secretariat to furnish Departmental Promotion Committee proposals for speedy conducting of Departmental Promotion Committees. The instructions were last issued in the reference second cited. 3. For the convenience and to enable the departments of Secretariat to furnish the Departmental Promotion Committee proposals for a speedy conduct of Departmental Promotion Committees for the panel year 2001-2002, the following may be furnished for placing the same before the Departmental Promotion Committee: A) B) C) D) E) F) G) H) I) J) K) Departmental Promotion Committee Note, as per G.O.Ms.No.187, GA (Ser.B) Dept., dt.25-04-1985. Proforma in which proposals should be submitted to Departmental Promotion Committee in Annexure, as per G.O.Ms.No.187, GA (Ser.B) Department dt. 25-04-1985. Seniority list, as per G.O.Ms.No.187, GA (Ser.B) Department, dt.25-04-1985. Particulars of disciplinary cases, as per U.O.Note No.9/DPC.I/96-1, G.A.(DPC.I) Department, dt.24-02-1996. Charges framed under C.C.A. Rules, as per G.O.Ms.No.424, G.A.(Ser,.C) Department, dt.25-051976 and served as per G.O.Ms.No.66, G.A.(Ser.C) Department, dt.30-01-1991 should be furnished in the particulars of disciplinary cases, indicating the latest stage. Particulars of A.C.Rs., as per U.O.Note NO.9/DPC.I/96-1,G.A.,(DPC.I) Department, dt.24-021996 along with updated A.C.Rs. for atleast five years proceeding 31-03-2001. Qualifying date for the panel year 2001-2002 to be reckoned as on 01-09-2001 as per para 6(b) of Andhra Pradesh State and Subordinate Service Rules. Estimate of vacancies, as per para 6(d) of Andhra Pradesh State and Subordinate Service Rules. Zone of consideration for the officers coming up for consideration for promotion as 1:3, as per para 6(b) of Andhra Pradesh State and Subordinate Service Rules. Orders in circulation to Minister/Chief Minister, invoking Rule 10 of Andhra Pradesh State and Subordinate Service Rules for effecting adhoc promotions, in the absence of regular seniority list and in lieu of the officers having not completed minimum qualifying service in the feeder category, as per Special rules. Copies of Court Orders/G.Os/References in connection with disciplinary cases, criminal cases, punishments, A.C.Rs., indicating the latest stage and the decision taken by the Department thereon. 179 L) M) Copy of Special Service Rules. Departmental Promotion Committee proposals should be in the name of an officer not below the rank of Secretary/ Principal Secretary/ Special Chief Secretary to Government and attested by an officer not below the rank of Deputy Secretary to Government. N) The panel for 2001-2002 commences on 01-09-2001 and shall cease to be inforce on afternoon of the 31-12-2002 or till the next panel, i.e., panel year 2002-2003 is prepares, whichever is earlier, but the number of vacancies in the panel is determined from 01-092001 to 31-08-2002 only, as per para 6(b) of Andhra Pradesh State and Subordinate Service Rules. 4. All the Departments of Secretariat are also requested to adhere to the instructions issued from time to time in the references cited, consult the Heads of Departments, wherever necessary, and furnish the requisite proposals in ten sets, well in advance, for placing them before the Departmental Promotion Committees for preparation of panels for the year 2001-2002. T.JESUDANAM, Secretary to Govt.(Services). 180 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public Services – Andhra Pradesh Civil Services (Classification, Control, & Appeal Rules, 1991 – Format prescribed – Recasting the proforma form –1 to be furnished by the suspended officials under F.R 53 (2) – Orders – Issued. GENERAL ADMINISTRATION (SER.C) DEPARTMENT G.O.Ms.No.398 Dated 25-9-2001 Read the following :- 1. 2. 3. 4. G.O.Ms.No.487, General Administration (Ser.C) Department, dt.14-9-92. G.O.Ms.No.82, General Administration (Ser.C) Department, dt.1-3-96. From the Director General, ACB, Lr.No.26/RPC (C)/2000, dt.28-3-2000. From the Vigilance Commissioner, APVC, Hyderabad, Lr.No.151/VC. A2/2000-3, dt.16-1-2001. @@@ ORDER :The Government after careful examination hereby make the following amendment to the orders issued in G.O.Ms.No.82, GAD, dt.1st March, 1996, in respect of Form-I to be furnished by the suspended official under F.R. 53(2). AMENDMENT In the said G.O. for Form-1 the following shall be Substituted, namely :“FORM-1, ANNEXURE TO G.O.Ms.No.82, GENERAL ADMINISTRATION (Ser.C) Department,dt.1-3-96”. Standard Form of Certificate to be furnished by the suspended Official under F.R 53 (2). I ___________________________________________________ (Name of the Government Servant ) having been placed under suspension by Order No.__________________ dt.________________________ while holding the post of ___________________________do here certify that I have bot been employed in any other employment, business, profession or vocation. SIGNATURE: NAME OF THE GOVERNMENT SERVANT: ADDRESS: The Department of Secretariat, Heads of Departments and District Collectors shall bring this amended format in Form-1 annexed to the G.O. 2nd read above to all concerned to follow scrupulously. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) P. V. RAO CHIEF SECRETARY TO GOVERNMENT OFFICE OF THE TRANSPORT COMMISSIONER: ANDHRA PRADESH: HYDERABAD R.No.17360/C2/2001 Dated 13.11.2001 “COMMUNICATED” Sd/- L. S. M. RAMASREE For Transport Commissioner