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Rules relating to the Acquisition of Immovable property By the Zilla Grandhalaya Samsthas
(G O Ms. No 313,  Education (E),   25th February, 1969 — Published  at pages 169-174 of R  S to Part I  of Andhra Pradesh Gazette, dated   15-5-1960.)
In exercise of power conferred by sub-section (1) of section 25, read with clause (e) of sub-section (1) of section 13 and section 17 of the Andhra Pradesh Public Libraries Act 1060 (Andhra Pradesh Act VIII of 1960), the Governor of Andhra Pradesh hereby makes the following rules regulating the acquisition of immovable property by the Zilla Grandhalaya Samsthas.
RULES
Acquisition of immovable Properly:-

1. Every Zilla Grandhalaya Samstha shall before acquiring any immovable property, comply with the following conditions, namely. that the property is approved by the Municipal Health Officer or the District Health Officer,  as suitable from a sanitary point of view for the purpose of housing a  Public Library ; that the property, if   intended for the construction or extension of buildings for public  libraries the  estimated  cost whereof exceeds five thousand rupees, is approved by an officer of the  Public Works Department not below the rank of an Executive Engineer as suitable for the purpose ;

(c) that whether property is proposed to be acquired by the Zilla Grandhalaya Samstha otherwise than under the Land acquisition Act, 1894 the previous approval of the Government shall be obtained therefor;
(i) Provided that In case of land, its valuation shall be obtained from the Revenue Department and that no amount in excess of such valuation shall be paid without the previous consent of the Government:
(ii) in the case of buildings, its valuation and a certificate regarding structural stability shall be obtained from the Executive Engineer of the Division, on payment of necessary charges, and that no amount in excess of such valu­ation shall be paid without the previous consent of the Government;
(iii)   in every case, an encumbrance certificate shall be obtained from the Sub-registrar’s office In respect of the property and examined as to Its title by

an advocate approved by the Zilla Grandhalaya Samstha in this behalf, unless the nature of the transaction is such as will, by law, pass the property free from all encumbrances.

  1. The deed transfer of the immovable property to the Zilla Grandhalaya Samstha by sales or by gift shall be in Form I or Form II, as the case may be appended to these rules, with such variations as circumstances may require. All immovable property acquired or held by the Zilla Grandhalaya Samstha shall be registered in the name of the Zilla Grandhalaya Samstha after meet­ing the expenditure on stamp duty, if any.

FORM I
Transfer by Sale


This deed of sale made the........................................ day of        19       between ............................................................ son of......................................................... residing at ............................................................. (hereinafter called the "vendor" which  expression
shall where the context so admits  include  his  heirs, executors administrators and legal representatives) of the one part and Zilla Grandhalaya Samstha..................... ............................................................................... of.............................   constituted under the
Andhra Pradesh Public Libraries Act, 1960 (Andhra Pradesh Act No. VIII of 1960) (hereinafter called the "purchaser" which expression shall where the context so admit include its successors and assigns) or the other part;
Whereas the vendor is well and sufficiently entitled to the land and premises described in the schedule hereto;
And whereas the purchaser in exercise of its powers has agreed with the vendor to purchase the said land and premises intended to be hereby granted conveyed and assigned, free from encumbrance at the price of rupees.......................... Now this Deed Witnesses that in pursuance of the said agreement and in consideration of the sum of rupees……………………………….to the vendor paid by the purchase on or before the execution of these presents (the receipt there of the vendor hereby acknowledges) he, the vendor do hereby grant, conveys and assigns to the purchaser all that piece or parcel of land situated in………………….. and more particularly described in the schedule hereunder written and which together with the messuage or tenement erected thereon is commonly called or known as................................ Together with all buildings, godowns, trees, com­mons, hedges, ditches, fences, ways, waters, water-courses, liberties, privi­leges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land messuages and premises or any of them in any of them in any wise appertaining or heretofore occupied or enjoyed therewith and all the
estate, right, title, interest, property, claim and demand whatsoever of the vendor into and upon the same premises to have and to hold the said piece or parcel of tend, messuage and premises hereby granted conveyed and assigned

to the purchaser forever and the vendor do hereby covenant with the purchaser that he, the vendor, now has good right to grant, convey and assign the premises hereby granted, conveyed and assigned to the purchaser in manner aforesaid that the purchaser shall and may at all times hereafter peacefully and quietly possess and enjoy the said premises free from all encumbrances whatsoever and receive the rents and profits thereof without any lawful eviction, interruption claim or demand whatsoever from or by the vendor or any other person or persons and further that he the vendor, and all persons having lawfully or equitably claiming any estate or interest in the said premises or any of them or any part thereof from, under, or in trust for the vendor from or under any of his ancestors shall and will from time to time and at all times hereafter at the request and cost of the purchaser do execute and register or cause to be done, exe­cuted and registered all such acts deeds and things whatsoever for further more perfectly assuring the said premises and every part thereof to the purcha­ser in manner aforesaid as shall or may be reasonably required.
In witness whereof the vendor has hereto set his hand and seal on the day and year first above written.


THE SCHEDULE


All the piece or parcel of land and premises situated in the village of........................ ………..          in the legislation sub-district of ………………….. in the registration district of …… bounded on  the north by ………………………….            on the south by …………….    on the east by            ……………………………. …and on the west by  ………………………………………….        bearing resurvey number …………..  and old survey No........................ and containing on the whole by admeasurements ................................. (be the same, mote or less).
signed, sealed and delivered by the above named in the presence of-
 1.
 2.


FORM II
Transfer by gift


This Deed of gift made the day............................................. one  thousand  and nine hundred and................................................. Between.......................................... son of......................................... residing at........................................... ( hereinafter
called "the donor" which expression shall where the contest so admits include his heirs, executors, administrators and legal representatives) of the one part and the Zilla Grandhalaya Samstha of.............................................. constituted under the Andhra Pradesh Public Libraries Act, 1960 (Andhra Pradesh Act No. VIII of 1960) hereinafter called 'the donee" which expression shall where the context admits include his successor and assigns) of the other part.
Whereas the donor is well and sufficiently entitled free from encumbrances

to the piece or parcel of land and premises hereinafter described and intended to be hereby granted, conveyed and assigned;
And whereas the donor has agreed to transfer the said piece 01 parcel of land and premises to the donee as a gift subject to the payment by the donee of all existing and future taxes, charges, assessments and ground rent in respect of the same and the donee has agreed to accept the same subject to such conditions;
And whereas the Government of Andhra Pradesh have by an order No.
............... .............. dated the day of................................ …………sanctioned  the acceptance of the property.            And whereas the said piece or parcel of land premises is of the value of Rs............ for the purpose of stamp duty;
Now this Deed witnesses that the donor do hereby give, grant, convey and assign to the donee, who hereby accepts the same. All that piece or parcel of land bearing survey No.......................... situated in the village of............................... in the registration sub-district of…………… in the registration district of more particularly described in the Schedule hereunder written together with all buildings, trees, commons, liberties, privileges, easements, advantages and appurtenances whatsoever to the said piece or parcel of land, buildings and premises or any of them in any wise apportioning or heretofore occupied or enjoyed therewith and all the estate, right, title, interest, property, claim and demand whatsoever of the donor into and upon the same premises to have and to hold the said piece or parcel of land and premises hereby granted and assigned to the donee forever and the donor do hereby covenant with the donee that the donor now has good right to grant, convey and assign the premises hereby granted, conveyed, and assigned to the donee in manner aforesaid and that the donee shall and may at all times hereafter peacefully and quietly, free from all encumbrances, whatsoever, or by the donor, any person claiming under or in trust for him and further that the donor and all persons having lawfully or equitably claiming any estate or interest in the said premises or any part thereof from, under or in trust for the donor or from or under any of his ancestors shall and will from time to time and at all times hereafter at the request and cost of the donee to execute and register or cause to be done, executed and registered all such acts, deeds and things whatsoever for further and more perfectly assuring the said premises every part thereof to the donee in manner aforesaid or as shall or may be reasonably required.
In witness whereof the donor has hereunto set his hand and seal and the common seal of the Zilla Grandhalaya Samstha the donee was hereto affixedthe day and year first above written.

THE SCHEDULE


All that piece or parcel of land and premises situated in the village of.................... .......................... in the registration sub-district f.............................................. in the registration district of...................................... and bounden on the north by ....................................... on the south by.......................................... on the east by ..................................... and on the west by............................... bearing Re- survey No..................... and old survey No................................ and containing on the whole by admeasurements    (be the same less or more). Signed sealed and delivered by the above named in the presence of................................... Signed, by the Secretary, Zilla Grandhalaya of............... ...................... in the presence of..................................................................... ........ The common seal of the Zilla Grandhalaya Samstha of................................ was hereto affixed in the presence of ...........................

 

 

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