The Andhra Pradesh Abolition of Posts of Part-time Village Officers Act, 1985

THE ANDHRA PRADESH ABOLITION OF POSTS OF PART-TIME VILLAGE
OFFICERS ACT, 1985
ACT No. 8 OF 1985
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Definitions
3. Abolition of the posts of part-time Village Officers and persons
holding such posts to cease to hold office
4.  Appointment of Village Assistants
5.  Amount to be paid on abolition of posts of part-time Village
Officers
6.  Revision
7.  Act to override other laws
8.  Construction of references to Village Officers
9.  Power to remove difficulties
10. Certain pending proceedings to abate
11. Power to make rules
12. Penalty for not handing over of records and other properties of
village administration
THE ANDHRA PRADESH ABOLITION OF POSTS OF PART-TIME VILLAGE
OFFICERS ACT, 1985
ACT 8 OF 1985
[8th April, 1985]
AN ACT TO ABOLISH THE POSTS OF PAT-TIME VILLAGE OFFICERS IN
THE STATE OF ANDHRA PRADESH
Whereas the State Government are of the opinion that the system of
part-time Village Officers is outmoded and does not fit in with the modern
needs of Village administration;
And whereas the State Government have, after careful consideration,
taken a policy decision to abolish all the posts of part-time Village Officers on
grounds of administrative necessary and to introduce a system of whole-time
officers to be in-charge of village administration.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Thirty-sixth Year of the Republic of India as follows:-
1. Short title and commencement –(1) This Act may be called the Andhra
Pradesh Abolition of Posts of Part-time Village Officers Act, 1985.
(2) It shall be deemed to have come into force on the 6th January, 1984.
2. Definitions –In this Act, unless the context otherwise requires:-
(a) “Competent authority” means the Revenue Divisional officer
having jurisdiction over the revenue village within his division;
(b) “Government” means the State Government of Andhra Pradesh;
(c) “law” includes any rule, by-law, regulation notification, scheme,
form or order;
(d) “Part-time Village Officer” means any person who holds any of
the village office of headman, munisiff, reddy, monigar,
peddakapu, patel, karnam or patwari or triune officer or holder of
any such village office by whatever designation it may be locally
known including their assistants appointed under:-
(i) the Andhra Pradesh (Andhra Area) Village Officers
Services Rules, 1969;
(ii) the Andhra Pradesh (Telangana Area) Village Offices
Service Rules, 1978; or
(iii) any other law;
(e) “Prescribed” means prescribed by rules made under this Act;
(f) “revenue village” means any area which is notified as revenue
village under the provisions of the Andhra Pradesh District
(Formation) act, 1974;
(g) “Village Assistant” means an officer appointed under sub-
section (1) of section 4.
3. Abolition of the posts of part-time Village Officers and persons holding
such posts to cease to hold office –The posts of part-time Village Officers in
the State of Andhra Pradesh are hereby abolished with effect on and from the
date of the commencement  of this Act, and every person who holds the post of
part-time Village Officer in any part of the State of Andhra Pradesh shall, with
effect on and from such date, cease to hold such post.
4. Appointment of Village Assistants –(1) Subject to the provisions of sub-
section (2) and the rules made under the proviso to article 309 of Constitution,
the District Collector may appoint a person as Village Assistant for one or more
revenue villages.
(2) No person shall be eligible for appointment to the post of Village
Assistant unless he possess the Minimum General Educational Qualification
referred to in rule12 (a) (i) of Part-II of the Andhra Pradesh State and
Subordinate Services Rules and prescribed in the Schedule to the said Part-II.
(3) The Village Assistant shall be whole-time Government servant.
(4) The Village Assistant shall perform the duties relating to the collection
of land revenue, taxes, cesses and other sums due to the Government,
maintenance of the village records and such other duties (including the
implementation at the village level of the schemes of the Government as may be
assigned to him by the Government) or Commissioner of Land Revenue or the
Collector or any other authority or officer authorized in this behalf.
(5) The Government or any officer or authority authorised by them in this
behalf may sanction, from time to time, the creation of such number of posts of
Village Assistants as may be necessary for the purpose of this Act.
5. Amount to be paid on abolition of posts of part-time Village Officers –
(1) Every person who ceases to hold the post of part-time Village Officer by
reason of section 3, shall be paid an amount for the total service put in by him
as part-time Village Officer and such amount shall be determined in
accordance with the provisions of sub-section(2).
(2) The amount referred to in sub-section (1) shall be calculated at the
rate of one-half of the monthly emoluments for every year of total service put in
by the person referred to in sub-section (1).
Explanation:- For the purpose of this section,-
(a) where the total service,-
(i) includes a period which is a portion of a year; or
(ii) is a period less than a year;
the amount payable for the period referred to in sub-clause (i) or sub-clause(ii),
as the case may be, shall be an amount bearing to the amount payable  for one
year of total service, the same proportion as the said period bears to the period
of one year of total service.
(b) “monthly emoluments” shall mean,-
(i) honorarium, which was payable to the part-time Village
Officer for the whole of the calendar month immediately
preceding the date of the commencement of this Act;
(ii) an amount equal to one-twelth of the consolidated annual
travelling allowance for the year ending with the 31st
December,1983:
Provided that where the part-time Village Officer was on
leave other than casual leave or was absent without authorisation
or was under suspension, during the whole or part of the month
immediately preceding the date of commencement of this Act, the
monthly emoluments shall mean,-
(i) honorarium, which would have been payable to him for the
whole of the said month but for such leave, absence or
suspension, and
(ii) an amount equal to one-twelfth of the consolidated annual
travelling allowance for the year ending with the 31st
December, 1983;
(c) “total service” shall not include any period during which a part-
time Village  Officer was-
(i) on leave other than casual leave; or
(ii) absent without authorization; or
(iii) under suspension.
(3) (a) The competent authority shall,, either  suo motu or on an
application made, determine by an order in writing the amount to be paid
under sub-section(1) and such order shall, subject to the provisions of sub-
section (6) and section 6, be final.
(b) The application referred to in clause (a) shall be made by the
persons referred to in sub-section (1), or in the event of the death
of such person, by his legal heir or heirs, within such time and in
such form and in such manner as may be prescribed:
Provided that before passing an order under this sub-
section, the competent authority shall give a reasonable
opportunity of being heard to the person or persons concerned.
(4) The amount payable under sub-section (1) shall be paid within a
period of one year,-
(a) in case where there is no appeal, from the date of the order of
the competent authority under sub-section (3);
(b) in case where there is an appeal, from the date of the order of
the District collector under sub-section (6);
(c) in case where an application for appointment as Village
Assistant is filed, from the date on which such application is
rejected.
(5) In the event of the death of the person concerned before payment of
the amount under sub-section (1), the amount remaining so unpaid on his
death shall be paid to his legal heir or heirs.
(6) Any person aggrieved  by an order of the competent authority under
sub-section (3) may prefer an appeal to the District Collector within the
prescribed period and the District Collector may pass an order on the appeal as
he deems fit:
Provided that the District Collector may entertain the appeal after the
expiry of the prescribed period if he is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal in time:
Provided further that the District Collector shall, before passing the order
on the appeal preferred to him under this sub-section, give a reasonable
opportunity of being heard to the appellant.
(7) The order passed by the District Collector under sub-section (6) shall,
subject to the provisions of section 6, be final.
6. Revision - (1) The Commissioner of Land Revenue may of his own motion
or on application made to him, call for and examine the record of the appellate
authority and the Government may, of their own motion or on application
made to them, call for and examine the record of the Commissioner of Land
Revenue, in respect of any proceeding to satisfy himself or themselves as to the
regularity of such proceeding or the correctness, legality or propriety of any
decision passed or order made therein; and if, in any case it appears to the
Commissioner of Land Revenue or the Government, that any such decision or
order should be modified, annulled,, reserved or remitted for reconsideration he
or they may pass orders accordingly.
Provided that every application to the Commissioner of Land Revenue or
the Government for the exercise of the powers under this section shall be
preferred within ninety days from the date on which the proceeding, decision or
order to which the application relates was communicated to the applicant.
(2) No order adversely affecting any party shall be passed under sub-
section (1) unless he has been given an opportunity of making his
representation.
(3) The commissioner of Land Revenue or the Government, as the case
may be, may suspend the decision or order pending exercise of his or their
power under sub-section (1) in respect thereof.
(4) The decision passed or the order made by the Commissioner of Land
Revenue or the Government under sub-section (1) shall be final.
7. Act to override other laws -The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for
the time being in force.
8. Construction of reference to Village Officers -In the application of any
law, reference to the Village Offices of headman, munsiff, reddy, monigar,
peddakapu, patel, karnam or patwari or triune officer or village officer shall,
unless the context otherwise requires, be deemed to be a reference to the
Village Assistant appointed in respect of one or more revenue villages under
sub-section (1) of section 4 or a person appointed under section 13.
9. Power to remove difficulties –(1) If any difficulty arises in giving effect to
the provisions of this Act, the Government may make such order not
inconsistent with the provisions of this Act as may appear to them to be
necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two
years from the date of commencement of this Act.
(2) Every order made under this section shall as soon as may be after it
is made, be laid before each House of the State Legislature.
10. Certain pending proceedings to abate -(1) Subject to the provisions of
sub-section (2) and notwithstanding anything contained in anyother law for the
time being in force,-
(a) all proceedings including appeals and revisions relating to the
appointment of part-time Village Officers; and
(b) all departmental disciplinary proceedings including appeals and
revisions against part-time Village Officers;
Pending before any authority or Government on the date of the
commencement of this act shall abate.
(2) Nothing contained in sub-section (1) shall affect:-
(a) any criminal proceedings (including investigation, trial, appeal
or revision) against part-time Village Officers in respect of any
offence falling under the Indian Penal Code or under any other
criminal law, and accordingly all such criminal proceedings shall
be instituted or continued;
(b) any other proceedings (including any proceedings relating to the
recovery of any amount due to the Government from a part-time
Village Officer) before any Civil, Revenue or any other Court; and
accordingly all such proceedings shall be continued or instituted.
11. Power to make rules –(1) The government may, by notification in the
Andhra Pradesh Gazette make rules to carry out all or any of the purposes of
this Act.
(2) Every rule made under this Act shall, immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it is not
in session, in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if, before the expiration of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the
rule or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified in the Andhra Pradesh Gazette have
effect only in such modified form or shall stand annulled, as the case may be,
so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done other law:-
12. Penalty for not handing over of records and other properties of village
administration –Notwithstanding anything contained in any other law,-
(a) any part-time Village Officer who ceases to be such part-time
village Officer under section 3, shall, on demand, hand over
immediately any records any properties of the Village
Administration, which are in, or have come into his possession or
control,, to the officer appointed under section 13;
(b) if any such part-time Village Officer fails to comply with the
provisions of clause (a),-
(i) it shall be lawful for any officer of the Revenue Department
not below the rank of a Deputy Tahsildar authorized by the
competent authority to enter any building or place where
such officer has reason to believe that the part-time Village
Officer keeps or is for the time being keeping and records and
properties of the village administration and search and seize
any such records and properties in accordance with the
provisions of the Code of Criminal Procedure, 1973; and the
power to search and seize shall include the power to break
open any box or reeptacle in which such records and
properties may be kept or to break open the door of any
premises where the records and properties may be kept.
(ii) without prejudice to any action being taken under sub-
clause (i), such part-time Village Officer shall be liable for
prosecution and on conviction by a Metropolitan Magistrate
or a Judicial Magistrate of the first class, be punishable with
imprisonment for  a term which may extend to three years, or
with fine which may extend to five thousand rupees, or with
both.
13. Interim arrangements – Notwithstanding anything contained in
sub-section (1) of section 4, until the Village Assistants are appointed in
respect of one or more revenue villages under sub-section (1) of section 4, the
competent authority, may as an interim arrangement, appoint any officer of the
State Government not below the rank of a junior Assistant to discharge the
functions of the Village Assistant under this Act for one or more revenue
villages.
14. Bar of jurisdiction to civil courts –No civil court shall have jurisdiction
in respect of any order passed by any officer or authority under this Act and no
stay or injunction shall be granted by a court in respect of any action taken or
to be taken by such officer or authority under this Act in pursuance of any
power conferred by or under this Act.
15. Repeal of Ordinance 21 of 1994 –The Andhra Pradesh Abolition of Posts
of part-time Village Officers Fifth Ordinance, 1984, is hereby repealed.

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