In exercise of the powers conferred under sub-section (1) of Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Andhra Pradesh Act No.13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules:

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R.7

At District level a High Power Committee shall be constituted with the following Officers to meet every three months and review the progress of identification and removal of encroachments.

(1) District Collector - Chairman
(2) Joint Collector - Member
(3) Superintendent of Police - Member
(4) Superintending of Engineer (PR) - Member
(5) Superintending Engineer (R&B) - Member
(6) Superintending Engineer (Irrigation) - Member
(7) Assistant Director (Survey and Land Records) - Member
(8) Assistant Director (Mines) - Member
(9) District Panchayat Officer - Member Convenor

R.5 Administrative Arrangements

A separate cell at district level in the Office of the District Panchayat Officer by name Gram Panchayat (Protection of properties) shall be constituted to monitor and protect Gram Panchayat properties from time to time.

R.6

The supporting staff for taking up these activities at the Divisional Panchayat Office/District Panchayat Office shall be provided as per necessity, from out of the available Junior Assistants to assist the Divisional Panchayat Officer/District Panchayat Officer in the eviction process from time to time.

R.9 Regulation of any matter

The Commissioner, Panchayat Raj and Rural Employment shall be the final authority in regard to the regulation of any matter arising out of the application of these rules.

R.8

At Commissionerate level, a Vigilance & Enforcement Wing shall be constituted with Additional Commissioner/Deputy Commissioner to protect the Gram Panchayat properties and to monitor the activities of district level Cells.

R.2 Classification of Gram Panchayat properties

Classification of Gram Panchayat properties.—(1) The lands belonging to Gram Panchayats shall be classified into three categories as follows :

(i) Category-A : Own and Acquired : All general roads and drains, cattle pounds, cattle sheds, common market areas, 10% open spaces in layouts, existing parks, lands purchased by the Gram Panchayats.

(ii) Category-B : Gifts, Donations, Transfer of Lands to Gram Panchayats.

(iii) Category-C : Vested with Gram Panchayats : All public water works, All public water courses, Springs, Reservoirs, Tanks, cisterns, Fountains, Wells, Stand Pipes and other water works (as per Section 80 of Andhra Pradesh Panchayat Raj Act) Minor Irrigation Tanks, Tank bunds and all water bodies and vested porambokes (Grazing Lands threshing floors, Burning and Burial grounds, cattle stands, cart stands topes.

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Legal Comments

• Introduction - Andhra Pradesh Gram Panchayats (Protection of Property) Rules 2011, specifically Rule 2, concerns classification of Gram Panchayat (GP) properties; these rules form part of the framework to safeguard GP assets under the AP Panchayat Raj regime. [ "" ]

• What Section Says - Rule 2 of the AP Gram Panchayats (Protection of Property) Rules 2011 states that GP properties are classified, establishing a structural basis for protection and management of such assets by the GP. [ "" ]

• Essential ingredients - The regime envisions a defined process around GP properties, beginning with the classification (R.2) and proceeding to protection procedures (R.3) and enforcement/eviction processes (R.4). The mere existence of R.2 as a classification provision is complemented by procedural rules that govern protection and eviction, as indicated in the statutory scheme. [ "" ]

• Scope of Section - GP properties include assets vested in the Gram Panchayat under statutory provisions, including water works, tanks and public water bodies identifiable as GP property, with the Government retaining certain regulatory rights under the broader Act. This aligns with jurisprudence interpreting vesting and control of tanks and water resources in GP under relevant sections of the AP Gram Panchayats Act. [ "GRAM PANCHAYAT MANDAPAKA REP. BY ITS SARPANCH B. SRINIVASA RAO VS District Collector, W. G. DISTRICT, ELURU" ]

• Relationship to water works and tanks - Section 85 and related provisions vest public waterworks, water bodies and tanks in the GP, subject to government power to regulate or administer under subsections (2)-(3). This contextualizes Rule 2’s classification by linking GP properties to critical public assets like tanks and waterworks. [ "GRAM PANCHAYAT MANDAPAKA REP. BY ITS SARPANCH B. SRINIVASA RAO VS District Collector, W. G. DISTRICT, ELURU" ]

• Tanks include minor irrigation tanks - Courts have interpreted the term “tank” to include minor irrigation tanks for purposes of fishery and related rights, which informs how GP properties are classified and managed when such tanks are under GP jurisdiction. This broad interpretation supports robust protection of minor irrigation tanks as GP assets. [ "Vavilala Fishermen Co-operative Society Limited VS Vavilala Gram Panchayat" ], [ "00200052353" ]

• Fishery rights and Rule 3(a)(i)/(ii) – local allocation when GP sets apart a tank for washing or other public use - Where GP sets apart a tank for washing or other public use, fishery rights in that tank may be leased to the local Fishermen Co-operative (or Rajaka Seva Sangham) as provided by government rules; this reflects a functional aspect of property classification and use under the Rules. [ "Fishermen Co-operative Society, Kuchipudi, Tenali Taluk, Guntur District VS Gram Panchayat, Pedapudi" ], [ "00200052353" ]

• Encroachment and endowment lands - Where encroachments or unauthorized occupations over endowment lands or GP assets are involved, courts have directed identification and removal within specified timeframes, with due process and notice to affected occupants, illustrating the enforcement dimension of GP property protection. [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ]

• Due process and natural justice in protection actions - The enforcement of GP property protections (including encroachment removals) must observe natural justice, including giving notices and hearing opportunities before taking action, as reflected in relevant case law addressing endowment lands and encroachments. [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ]

• Inventory and protective procedure context - The protection framework envisions an inventory of GP properties and an orderly protective process. The Rules’ scheme contemplates systematic identification and safeguarding of GP assets, with procedural steps that accompany classification (R.2) and protection (R.3) provisions. [ "" ]

• Interplay with fishery rights and asset categorization - The interpretation of “tank” and related asset categories in case law (e.g., minor irrigation tanks) informs how GP properties are categorized and managed, especially where aquatic assets and rights are involved under Rule 2’s classification framework. [ "Vavilala Fishermen Co-operative Society Limited VS Vavilala Gram Panchayat" ], [ "00200052353" ]

• Endowment land encroachment and protection duties - The protective regime extends to encroachments on GP properties (including endowment lands) with a mandate to identify and remove encroachments within defined timelines, reinforcing Rule 2’s classification by ensuring protected asset integrity. [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ]

• Protective regime and natural justice as a principle - The case law demonstrates that protective actions by GP authorities (under the Protection of Property rules) must conform to due process standards, including hearing rights and notice, reinforcing the legitimacy of Rule 2’s classificatory framework when applied in practice. [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ], [ "Ghanta Prasada Rao VS State of Andhra Pradesh" ]

• Interaction with wider statutory scheme - Rule 2 operates within a broader hierarchy that includes vesting in GP (Section 85), protection, eviction procedures and, where applicable, restrictions or administrative steps that the Government may take under the Act; classification thus informs subsequent protective and regulatory actions. [ "GRAM PANCHAYAT MANDAPAKA REP. BY ITS SARPANCH B. SRINIVASA RAO VS District Collector, W. G. DISTRICT, ELURU" ]

• Tanks and public utility assets as GP property - The classification scheme recognizes tanks and water-related infrastructure as GP property, consistent with the constitutional and statutory aim of protecting community assets at the village level. This is reflected in the Court’s treatment of tanks and waterworks as GP assets under the Act. [ "GRAM PANCHAYAT MANDAPAKA REP. BY ITS SARPANCH B. SRINIVASA RAO VS District Collector, W. G. DISTRICT, ELURU" ], [ "P. Venkateswarlu VS Jampani Raghavayya" ]

• Minor irrigation tanks and leasing norms - The interpretation that tanks include minor irrigation tanks supports the GP’s authority to manage and lease fishery rights where appropriate, subject to applicable Rules, thereby connecting property classification with functional rights management. [ "Fishermen Co-operative Society, Kuchipudi, Tenali Taluk, Guntur District VS Gram Panchayat, Pedapudi" ], [ "00200052353" ]

• Practical enforcement timelines - Courts have recognized time-bound directions for identifying encroachments and taking corrective steps (e.g., two months for identification, four months for removal, with due process), illustrating operational parameters that flow from the Rules’ protective framework. [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ]

• Protection of endowment lands and public resources - The jurisprudence underscores that protection of GP properties, including endowment lands and public resources, is a judicially cognizable object with due-process safeguards, reinforcing the role of Rule 2’s classification in practical governance. [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ]

• Summary of the Rule’s immunities and limits - The Rules provide a structured, government-backed mechanism to classify, protect and, when necessary, recover GP properties, while balancing community rights and the state’s regulatory prerogative; this is evidenced by the integration of property classification with protective procedures and enforcement. [ "" ], [ "GRAM PANCHAYAT MANDAPAKA REP. BY ITS SARPANCH B. SRINIVASA RAO VS District Collector, W. G. DISTRICT, ELURU" ], [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ]

• References to primary authorities - Classification under Rule 2 sits within a set of statutory and case-law provisions addressing vesting of property (Section 85), protecting GP assets, and the interaction with fishery rights and endowment lands; these cases illustrate the practical contours of Rule 2’s ambit and its implications for GP governance. [ "GRAM PANCHAYAT MANDAPAKA REP. BY ITS SARPANCH B. SRINIVASA RAO VS District Collector, W. G. DISTRICT, ELURU" ], [ "Fishermen Co-operative Society, Kuchipudi, Tenali Taluk, Guntur District VS Gram Panchayat, Pedapudi" ], [ "Vavilala Fishermen Co-operative Society Limited VS Vavilala Gram Panchayat" ], [ "Rashtriya Vanara Sena VS State of Andhra Pradesh" ]

Note: Where the sources do not provide explicit textual content for a precise claim, the bullets refer to the general role and jurisprudential context surrounding Rule 2 (Classification of GP properties) and its practical implications in enforcement, vesting, and protection, as evidenced by cited cases and the structure of the Protection of Property rules.

R.1 Short title

Short title.—(i) These rules may be called the Andhra Pradesh Gram Panchayats (Protection of property) Rules, 2011.

(ii) These rules shall come into to force with immediate effect.

R.3 Procedure to be followed for protection of Gram Panchayat Properties

Procedure to be followed for protection of Gram Panchayat Properties.—(a) Preparation of inventory :

(i) The executive authority (Panchayat Secretary) of the Gram Panchayat shall prepare inventory of landed properties of the Gram Panchayats based on FMB (Field Measurement Book)/FSA (Field Survey Atlas) and field inspections.

(ii) District Collectors shall instruct the Tahsildars to provide the above information to the executive authority (Panchayat Secretary).

(iii) Web based solutions may be evolved over a period of time to locate Gram Panchayat lands in the public domain.

(b) Validation in Gram Sabha and Gram Panchayat :

(i) After obtaining the land inventory details the executive authority (Panchayat Secretary) shall convene Grama Sabha and validate the

R.4 Eviction of Encroachments

Eviction of Encroachments.—

(i) Where it is brought to the notice that any property of the Panchayat is under occupation of any persons the Executive authority (Panchayat Secretary) shall serve a notice to the party concerned and give a brief hearing before proceedings for eviction.

(ii) Suitable orders shall be passed by the Executive Authority (Panchayat Secretary) before actual eviction takes place.

(iii) The Divisional Panchayat Officer will conduct a monthly review of these cases for protecting Gram Panchayat properties in his jurisdiction through monitoring the process of eviction. He will also give periodical reports to District Panchayat Officer, who will review the cases once in two months.

(iv) The Executive Authority (Panchayat Secretary) may take necessary assistance from the police as per Section 139 of the Andhra Pr