GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

SERP - APDPIP/APRPRP- Approval of Budget for the year 2006-07 - Comprehensive Guidelines on Land Component in Tribal Areas- Orders - Issued.

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PANCHAYATI RAJ AND RURAL DEVELOPMENT (RD.IV) DEPARTMENT

 

G.O.Ms.No.313                                                Dated:07.08.2006

     Read the following:

 

          1. G.O.Ms.No.283, PR& RD (RD.IV) Department, Dt:18.07.2006.

        2. G.O.Ms.No.319, PR& RD (RD.II) Department, Dt:08.09.2005.

                       

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ORDER

 

The Government have issued orders vide reference 1st read above allocating budgets for the year 2006-07 for APDPIP and APRPRP component-wise and budget line wise.  

 

2.                Apart from its Land Purchase programme, Indira Kranthi Patham has been working on the land issues of the tribals in the ITDA areas of Utnoor (Adilabad), Eturunagaram (Warangal), Bhadrachalam (Khammam) and Kota Ramachandrapuram (West Godavari). Since these pilot initiatives under IKP have proved to be necessary for supporting the tribals in getting secured access to their lands, Government has decided to implement these activities in all the ITDA areas from 2006-07 onwards under the leadership of the Project Officers, ITDA. Following are the guidelines issued for implementation of Land Component of IKP in ITDA areas.

 

3.      Land Purchase

3.1.  A budget of Rs.20 crore is allocated for purchasing lands during the current financial year district wise as given in Annexure I. These funds are placed with the DPMUs of the concerned districts. Whenever Project Officers, ITDA propose to purchase lands for tribals, the Project Directors, DRDA will place required funds at their disposal on request.

3.2.   The Land Purchase strategy as enunciated in the G.O 2nd read above i.e. purchase of lands under assured sources of irrigation, shall continue to be pursued.

3.3.  Apart from the individual purchase of good quality lands under assured source of irrigation, the Village Organizations also can purchase land to raise fodder plots and for providing support to the community nutrition centers.

3.4.  The loan amount recovered shall be utilized for purchasing more lands and shall not be diverted for any other purpose. 

3.5.  Every beneficiary assisted under the scheme shall be facilitated to secure crop loans from the Banks.  

 

4.    Legal Assistance Programme

4.1. It has been the experience of IKP that the tribals, in spite of the stringent Land Transfer Regulations, continue to lose lands due to lack of awareness, access to information and lack of legal support. They require a sensitive support mechanism to help them in accessing information, knowledge, records, justice etc. There is a need for a system which provides a platform to them and facilitators who support them in dealing with their land issues. In view of the above, it is decided to set up a support mechanism in the ITDA areas.

4.2. The activity will be implemented in 65 Mandals of the 8 Tribal areas of Seethampet, Parvatipuram, Paderu, Rampachodavaram, K.R. Puram, Bhadrachalam, Eturunagaram and Utnoor.

4.3.   Land Rights and Legal Assistance Centers in ITDAs:

      The ITDAs will set up Land Rights and Legal Assistance Centers to function as sensitive support organization for the poor. The Center will handle all the activities relating to ensuring secured land access to the tribals like creating awareness, providing access to information and land records, facilitating resolution of survey related issues, providing legal assistance in the LTR or Settlement cases etc., apart from liaisoning with the revenue machinery. The activities of the Center will be coordinated by a Land Manager, a retired revenue officer. For handling the above activities the Center will position the following systems/personnel.

a.    Paralegals:  In each activity mandal, rural tribal youth/women from the community will be identified, trained in land and legal matters and positioned as paralegals. There will be three paralegals per mandal. The Project Officers, ITDA will facilitate the Mandal Samakhyas to select paralegals, preferably with a qualification of graduation. They identify the land issues of the tribals in their area and facilitate them to resolve these issues. All the paralegals must necessarily be tribals.

b.    Legal Coordinator:  A Coordinator with law background will provide functional support to the paralegals. His/her services will be contracted by the Zilla Samakhya of the district.

c.     Land Managers: Retired Deputy Collectors or Tahsildars from the Revenue Department with a pro-tribal attitude will be positioned as Land Managers of Land Rights and Legal Assistance Centers. They will assist the Legal Coordinators in their liaison with Revenue Machinery, coordinate the community surveyors and take care of all the necessary matters and ensure that the programme runs smoothly without any administrative delays or hindrances.

d.    Lawyers Panel: For fighting out the land cases pertaining to the poor pending in both Revenue and Civil Courts, the Zilla Samakhya will empanel a group of 5 pro-tribal lawyers. Law students and paralegals will assist these panels.

e.    MoUs with Law Colleges: The support of Law Colleges will be enlisted for utilizing the services of the law students in identifying land cases of the tribals and also in doing preparatory work for filing of appeals as a part of their Legal Aid Clinical Course. The ITDAs will enter into MoUs with the Law Colleges.

f.      Orientation to Revenue Machinery: The Revenue Machinery from all the activity mandals will be trained on the Land enactments in the agency areas and also on the Legal Assistance Programme. Their support will be solicited such as giving access to land records, files etc. and also in restoring the lands to tribals. NALSAR University of Law, supported by the Legal Coordinators and Land Managers, will organize these sessions.

g.    Community Surveyors: A group of about 25 rural youth from each district will be trained in survey by the AP Survey Training Academy to evolve them into community surveyors. After training, these will be under apprenticeship with the regular Mandal Surveyors. The Zilla Samakhya will contract them and use their services to settle the survey related issues of the poor. The POs, ITDA shall see that tribal youth with required qualifications are selected to undergo this training.

 

5.   Working Model

 

5.1           Physical verification of all lands in the activity Mandals.

5.2           Scrutiny of the files of LTR cases disposed by or pending before the Agency Courts.

5.3    Preferring appeals in the cases that have gone against the tribals through a panel of advocates.

5.4           Facilitating restoration of lands to the tribals.

5.5           Establishing Land Rights and Legal Assistance Centers.

5.6           Creating legal Awareness.

5.7           Support to LTR authorities.

 

6.      Support from the Centre for Land for the Poor, AMR-APARD

 

The Centre in AMR-APARD acting as a resource center for capacity building will provide the following support.

a.          Initial training of Paralegals in land matters.

b.          Training of Legal Coordinators in pro-poor perspective.

c.           Selection and training of Land Managers.

d.          Development of training modules for all the above.

e.          Production of awareness films.

f.            Provision of infrastructure to the ITDA Land Rights and Legal Assistance Centers.

 

7.  Support by NALSAR University of Law

  SERP has entered into MoU with the NALSAR University of Law to provide support in

a.    Establishing a Land Rights Center in the University exclusively meant for tribal areas.

b.    Running a paralegal certification course.

c.     Selection and training of legal coordinators.

d.    Orientation to the Revenue machinery in tribal areas.

e.    Orientation to the Lawyers Panels.

f.      LTR case law compilation.

g.    Organizing Lok Adalats. 

8.     Fund Flow

8.1. The Land Purchase budget will be kept with the DPMU and will be released to the TPMU as per the requirement of the POs, ITDA.

8.2. The budgets pertaining to the remuneration @ Rs.1500 and traveling allowance @ Rs.1000 per month for the paralegals will be released to the Mandal Samakhyas who will pay the Paralegals after reviewing their work. If the traveling allowance claimed is more than Rs.1000 in a month, the Mandal Samakhya will then send the claim to the PO, ITDA for review and approval.

8.3. The budgets pertaining to the training of paralegals by APARD and NALSAR, training of legal coordinators, land managers, training of community surveyors, legal empowerment and legal literacy, land related communication etc. will be retained with the SPMU.

8.4. The budgets pertaining to the maintenance of Land Rights and Legal Assistance Centers, Lawyers Panels, MoUs with Law Colleges, Obtaining Land Records, conducting Physical Inventory will be placed with the Project Officers, ITDAs.

8.5. The funds flow along with the unit description and the unit costs are explained in detail in Annexure III.  

 

9.   The Project Officers, ITDA will be responsible for every activity as explained above.

 

10.    A copy of this order is available on the Internet and can be accessed at the address: http://www.rd.ap.gov.in

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

             K. RAJU,

PRINCIPAL SECRETARY TO GOVERNMENT.

 

To

The Chief Executive Officer, Society for Elimination of Rural Poverty, Hyderabad.

The Commissioner, AMR-AP Academy of Rural Development, Hyderabad.

All the Collectors and District Magistrates in the State.

All the Joint Collectors and Additional District Magistrates in the State.

All the Project Officers, ITDAs in the State.

All the Project Directors, District Rural Development Agencies.

All the Assistant Project Directors, Land, District Rural Development Agencies.

Copy to

The Special Chief Secretary to Government, Revenue Department.

The Chief Commissioner of Land Administration, Govt. of AP, Hyderabad.

The Secretary, Tribal Welfare, AP., Hyderabad.

The Director, Tribal Welfare, AP., Hyderabad.

The P.S. to Prl. Secy. to Govt. (RD), PR&RD Dept.

The P.A. to Dy. Secy. to Govt. (RD), PR&RD Dept.

The PR &RD (General) Department

SF/SC

 

// FORWARDED :: BY ORDER //

 

 

SECTION OFFICER.