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Procuring BBMP approval to make renovations in house

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Additions / alterations to your house can be carried out provided that you do not attract conditions stipulated in section 320 of THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.

Application of provisions to alterations and additions.-

(1) The provisions of this Chapter and of any rules or bye-laws made under this Act relating to construction and re-construction of the buildings or huts shall also be applicable to any alteration thereof or addition thereto: Provided that works of necessary repair which do not affect the position or dimensions of a building or hut or any room in a building therein shall not be deemed an alteration or addition for the purpose of this section.

(2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimensions of a building or hut or room in a building therein, such question shall be referred to the standing committee, whose decision shall be final.


How to Pay Service Tax

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Service Tax is an indirect tax that is payable by the service provider to the government. This is charged on the services provided by the provider to the service recipients.

Every service provider is required to apply for service tax registration if the value of services provided by him during a Financial Year exceeds Rs. 9 lakhs but the tax should be paid only if the value of the services exceeds Rs. 10 lack per annum. Note: service providers from Jammu and Kashmir are excluded from this service.

Process Flow for the payment:

  • Form: G.A.R.7 (previously known as TR6 Challan) should be used to make service tax payments. Service Tax can also be paid electronically, using e-payment facility.
  • Mode of Payment: To be made at the specified branches of the designated banks and by cheque. The details of such Banks and branches may be obtained from the nearest Central Excise Office/Service Tax Office.
  • Procedure to be followed in the absence of full details: Under these circumstances, provisional assessment is resorted to. If an assessee is unable to correctly calulate the actual amount of Service Tax payable for any particular month or quarter, as the case may be, he can make a request in writing to the Asstt. / Dy.Commissioner of Central Exciseas provided under sub –rule (4) of Rule 6 of the Service Tax Rules, 1994,giving reasons for seeking payment of Service Tax on provisional assessmentbasis. On receipt of such request for provisional assessment, the Asstt. / Dy.Commissioner of Central Excise may allow for the payment of Service Tax onprovisional basis on such value of taxable service as may be specified by him in a speaking order issued to that effect.Provisional assessment is finalized after furnishing the returns in Form ST-3A along with Form ST-3
  • Service Tax to be paid on: This is to be paid on the invoice amount or the billed amount.Service Tax is to be paid on the gross value of taxable service which is charged by a Service Tax assessee for providing a taxable service. Income tax deducted at source is includible in the charged amount. Therefore, service Tax is payable on the gross amount including the amount of Income Tax deducted at source also.
  • Penalty on non-payment of service tax: If a person who is liable to pay Service Tax fails to ay service tax, he shall pay in addition to such tax and interest, a penalty which shall not be less than Rs.100/- for every day during which such failure continues or @1% of such tax per month, whichever is higher. However, the penalty amount payable shall not exceed the amount of Service Tax payable.

Completion plan for Occupancy certificate on residential plot other than group housing in Noida

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How to get an Occupancy Certificate

1. The Building Completion plan prepared and signed by the Architect, registered with COA, when submitted shall be deemed as Occupancy Certificate. At the time of submission following documents need to be submitted-

(i) Declaration on Rs 10/- stamp paper duly signed by the Architect and allottee stating that the Building constructed by the allottee is constructed under the supervision of a Architect and is in accordance with a Zonal Plan and Building Regulations/ Directions applicable from time to time of Greater Noida Industrial Development Authority.

(ii) Two post card size photographs of building constructed (one front and one backside) duly attested by the Architect with date and plot number.

(iii) All the documents listed as per checklist A of Appendix-9 in Building Regulations-2002 and drawings with declaration stamped and signed.

2. On submission of the aforesaid papers the Authority shall give a receipt and receipt shall be deemed as occupancy/ completion certificate.

3. If at the time of scrutiny by the Authority (within one month of submission of drawings) any deviation from the drawings or Zonal Plan, Building Regulations/ Direction as applicable from time to time is found, architect signing the drawings shall be held responsible for the same.

4 If at the time of scrutiny by the Authority (within one month of submission of drawings) any mistake is found, architect signing the drawings shall be held responsible for the same.

5. Indemnity bond on Rs. 100/- stamp paper duly notarized indemnitying that construction shall be as per GNIDA Regulations,, Directions all as amended upto date and all other stipulation and requirements by the Authority from time to time by Architect & applicant.

6. Checklist for Completion duly filled.

General Information

1. The cases in which sanction/ completion have been received will be scrutinized by the Authority.

2. In case mistake is found in drawing for sanction and date for completion action shall be taken against the Architect as per Greater Noida Industrial Development Area Building Regulation 2002.

3. If a Sanction/ Completion submitted with Authority is found against the Building Regulations, Planning and Development Directions and Zonal Plan, the Authority can cancel such plan. On cancellation of such plan lease holder or Architect shall not claim any damages against the Authority.

4. All Architects, registered with Council of Architecture, shall be issued a Record Book.

4.1 This Record book shall be issued on producing of following documents at Customer Relation Cell by Architect/ representative:-

a) Original COA Certificate.

b) Any one of the original identity proof.

i) Voter I. Card.

ii) PAN Card.

iii) Driving License.

Further Architect will also submit duly self attested copy of aforesaid documents and signature & address of Architect Attested by Bank Manager.

c) Application form duly filled.

Note :- The aforesaid orders are being issued with the approval of Chief Executive Officer and shall be implemented with immediate effect.

DownloadApplication Form for Registration of Architect

DownloadDocument for Deemed Sanction

DownloadDocument for Deemed Completion

How to get Approval of Building Plan in NOIDA

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Instructions for Sanction and Approval of Building Plans

Greater Noida Industrial Development Authority has empowered the Architects registered with the Council of Architecture (COA) for Sanction/ Approval of Building Plans/ Occupancy Certificate on individual residential plots allotted by Greater Noida Industrial Development Authority on the following terms and conditions:

For Building Plan Approval on residential plot other than group housing:

1. The Building Plan prepared and signed by the Architect, registered with COA, when submitted shall be deemed as sanctioned. At the time of submission of building plan following documents need to be submitted.

(i) Declaration on Rs.10/- stamp paper duly signed by the Architect stating that the Building Plan submitted by him/ her is in accordance with the Zonal Plan and building Regulations/ Directions applicable from time to time of the Greater Noida Industrial Development Authority.

(ii) Documents as listed in checklist A of Appendix-1 in Building Regulation 2002 with drawings, with declaration and signed.

2. In case of revision of building plan in addition to all above mentioned documents revision fees and original plan to be also submitted.

3. On submission of the aforesaid papers at the Customer Relation Cell a receipt shall be given. The receipt shall be deemed as sanction letter.

4. If at the time of scrutiny by the Authority (within one month of submission of drawings) any mistake is found, architect signing the drawings shall be held responsible for the same.

5. Indemnity bond on Rs. 100/- stamp paper duly notarised indemnitying that construction shall be as per GNIDA bylaws, Directions all as amended upto date and all other stipulation and requirements by the Authority from time to time by Architect & applicant.

6. Checklist for approval duly filled.

How to Register NGO or Society

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How to Register NGO or SOCIETY

There are Two types of Society and NGO's in India - State label and All India label. Before registering the NGO or Society you should know about the difference between both of them

STATE LABEL

To register the Society or NGO at State Label. You will have to provide the ID proof of Seven Member's (DL | Copy of Passport | Voter ID). You will have to provide Two Members (President - Treasurar or Secretary - Treasurar) form Delhi and another Five Member's can be from any states. Two set of MOA of NGO or Society.

ALL INDIA LABEL

To register the Society or NGO at all India Label. You will have to provide the ID proof of Nine Member's (DL | Copy of Passport | Voter ID). You will have to provide Two Members (President - Treasurar or Secretary - Treasurar) form Delhi and another Seven Member's from Seven different states. Two set of MOA of NGO or Society.

How to do Property Tax Assessment in Chennai

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METHOD OF PROPERTY TAX ASSESSMENT

As per section 100 of Chennai City Municipal Corporation Act 1919, concept of reasonable letting value (R.L.V.) has been adopted for arriving at annual rental value and Half yearly tax for any property in Chennai City limits. The monthly rental value (R.L.V.) is fixed with reference to Basic Rate per Sq.feet for Residential and Non-Residential properties separately. Location wise Basic Rate are furnished in the annexure:

Method of fixing Annual Value of any Property:

Example

Plinth Area X Basec Rate per Sq.ft e.g. 100 Sq.ft. x Rs.1.00

Monthly rental value (i.e) 100 P.M.

Annual rental value Rs.(100 x 12months) - 10% for land Annual Value for Building only

Rs. 1200/- - Rs.120/- = Rs.1080/- Rs.1080/

Less 10% depriciation for the building for Repairs / Maintenance=Rs. 108/-

Depriciated value of the building

Rs. 1080 - 108 = Rs.972/-

Add 10% of the land=Rs. 120/-

Annual Value for land and Buildings:972 + 120 = Rs. 1092/-

Simply stated, 10.92 is the common factor for calculating annual value for all buildings. To arrive at Annual value of any building, multiply monthly rental value with 10.92. Method of fixing Annual Value for Land : (taken on lease or rent) Monthly rental value ( as per agreement between lessor and leesee) x 12 = Annual Value No depreciation is allowed for land For Vacant Land: Rent per 2400 Sq.feet (One Ground) = Rs. 8.00 P.M. Annual Value (Rs.8.00 x 12) = Rs. 96.00 P.M. Method of fixing Annual value for Super Structure only: (Landowner being separate) Annual rental value - 10% x (MRV x 12) Half yearly Property Tax for any property is calculated as percentage of annual rental value as per table given below.

GRADE ANNUAL VALUE HALF YEAR TAX(as % of A.V)
Gen.Tax Edu.Tax Total Lib.(Less) Total
I Rs.1.00 to 500.00 3.75% 2.50% 6.25% 0.37% 6.62%
II Rs.501.00 to 1000.00 6.75% 2.50% 9.25% 0.67% 9.92%
III Rs.1001.00 to 5000.00 7.75% 2.50% 10.25% 0.77% 11.02%
IV Rs.5001.00 & Above 9.00% 2.50% 11.50% 0.90% 12.40%

Note: 10% Library Cess is calculated from General Tax of Property tax. G.O.Ms.No.492, dated 19.5.1992. Council Resolution No.246/2001,dt.22.5.2001. Concession Allowed:

  • 20% rebate over monthly rental value is provided for Semi-permanent Buildings (tiled, Asbestos, Thatched except terraced roofing)
  • 25% rebate over the monthly rental value is allowed to residential and 10% for non-residential buildings for owner occupied buildings / Portions.
  • Depreciation for the age of the building is provided at 1% for each year for the buildings more than 4 years old subject to maximum rebate of 25%

Method of Assessment for Special Type of Buildings:

1. Nursing Home / Hospital

  • For Nursing Home portion in any buildings Annual rental value shall be arrived at 13.5% of the Total income calculated as per the tariff rate per room per year.(Total number of room x tariff rate per day x 365 days.) Annual rental value ¸ 12 is monthly rental value.
  • Rental Value for Other Commercial portions such as Pharmacy and consulting rooms tax shall be calculated like any other Commercial buildings.
  • The monthly rental value for the Nursing Home portion and monthly rental value for other Commercial portions if any put together is total monthly rental value. Monthly rental value X 10.92 = Annual Value.
  • Consequently half yearly tax is calculated as percentage of annual value as per table given above.

2. Star Hotels & Lodging House

As per G.S. MS No.855/0f R.D.L.A. Department. Dt:19.4.1972 Government has suggested assessment of lodging houses in following manner. All lodging houses in city have been classified into following categories. 1) Posh Hotels / Lodges All Star Hotels fall in this category. 2) 'A' Class Hotels/Lodges Non Star Hotels / Lodges situated in Posh localities. 3) All other Hotels/Lodges. Posh Hotels and Lodging Houses All star Hotels in the city will be considered as posh Hotels. Annual Rental Value shall be fixed at 10% of the total room tariff per year (Total rooms x tariff per room per day x 365 days). Calculation of Half Yearly Property Tax. Step I: ARV for Lodging portion ¸ 12 + MRV for other area used as Commercial portion such as Bar, shops. Restaurant etc. Calculated as for any Commercial building = Total MRV Step II: MRV x 10.92 = Annual Value. Step III: Half yearly tax shall be calculated as percentage of annual rental value as per table give above. "A" Class Hotels and Lodging Houses Annual Rental Value shall be fixed at 20% of the total room tariff per year (Total rooms x tariff per room per day x 365 days). Calculation of Half Yearly Property Tax. Step I: ARV for Lodging portion ¸ 12 + MRV for other area used as Commercial portion such as Bar, shops. Restaurant etc. Calculated as for any Commercial building = Total MRV Step II: MRV x 10.92 = Annual Value. Step III: Half yearly tax shall be calculated as percentage of annual rental value as per table give above. "B" Class Hotels & Lodges Annual Rental Value shall be fixed at 25% of the total room tariff per year (Total rooms x tariff per room per day x 365 days). Annual rental value ¸ 12 is monthly rental value. Calculation of Half Yearly Property Tax. Step I: ARV for Lodging portion ¸ 12 + MRV for other area used as Commercial portion such as Bar, shops. Restaurant etc. Calculated as for any Commercial building = Total MRV Step II: MRV x 10.92 = Annual Value. Step III: Half yearly tax shall be calculated as percentage of annual rental value as per table give above.

3.Cinema Theatre

Cinema Theatres are classified into "A" and "B" Out of Total annual income calculated as per seating capacity of the theatre and tariff rate for each class, 40% shall be set aside towards entertainment tax. Remaining 60% shall be calculated as gross income. Out of total gross income, 53% shall be treated as annual income. For ‘A’ class theatres, 7.5% of the annual income shall be treated as annual rental value. For ‘B’ class theatres, 6.5% of the annual income shall be treated as annual rental value. Calculation of Half Yearly Property Tax. Step I: ARV of theatre portion ¸ 12 + MRV of Commercial portion = Total MRV Step II: MRV x 10.92 ¸ Annual Value Step III: Half yearly tax for the theatre shall be calculated as percentage of annual value as per table given above. Annual Rental value ¸ 12 is monthly Rental Value.

4.Kalyana Mandapam

All Kalyana Mandapams are classified in to A,B, and C categories with reference to their location near Bus Stand, Railway station, Markets etc. For ‘A’ category Kalayana Mandapam total No. of Marriages to be conducted in a year shall be taken as 40. The same shall be 30 for ‘B’ and 20 for ‘C’ category Kalyana Mandapams. ARV Kalyana Mandpam Portion = 50% of Gross charges in the Kalyana Mandapam with vessels and 60% without vessels. Annual rental value ¸ 12 = Monthly rental value Gross Income: Rate charged per marriage x No. of marriages fixed annually as per category. Calculation of Half Yearly Property Tax Step I: =ARV Kalyana Mandapam Portion ¸ 12 + MRV for other Commercial areas calculated like any other commercial building = TOTAL MRV Step II: MRV x 10.92 = Annual Value Step III: Half yearly Property Tax shall be calculated as percentage of Annual rental value as per table given above.

How to get Building Permission in Chennai

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Building Permission

APPLICATIONS ISSUED AND COMPLETED APPLICATIONS ARE RECEIVED Respective Zonal Offices
DOCUMENTS TO BE ENCLOSED

Duly filled Planning Permission And Building Plan Application Form with The Signatures Of land Owner and Licensed Surveyor Registered Document In the Name of Applicant. Parent Document Of the land Prior to 5-8-75 Patta 8 copies of the plan of the proposed constn.with the signature of the owner and licensed Surveyor Encumbrance

Certificate Taken for 15 years (or) from the date of document executed

Other Documents

  • Relating to Title of the Land.
  • Previous Sanctioned Plan if any For building Existing in The proposed Site.
CONTACT OFFICER Zonal Officer or Executive Engineer
DETAILS OF FEES TO BE PAID
  • Plan Application Rs.10/-
  • Building Plan Application Rs.10/-
  • verification Form Rs.2/
  • Registration Fees Rs.225 to Rs.970/- Based on The Building And land
  • Scrutiny charges Rs.75/- To Rs.3,575/- Based on Area of the Building And sub-Division with Respect to No.of plot
  • Demolition charges per sqr.mtr.Rs.55/- to Rs.90/- Depending On the Type of Building
  • Building permission charges for every 10 sq. M tr.Rs.90/- To Rs.945/ Depending On the area Of proposed Construction
  • In case of plots located in extended area and the improvement charges as applicable.
  • Open space reservation charges as applicable.
DURATION FOR ISSUE OF BUILDING PERMISSION AND REMARKS

How to Redress Railway Police related Grievances

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There are mainly two government bodies that address grievance redressal related to Railway Police:

  1. Railway Zonal Complaint Cells
  2. Directorate of Public Grievances

Railway Zonal Complaint Cells:

  • Complaint Cells exist for each Railway Zone.
  • Complaints can be lodged either by contacting helpline number of the site or by sending a mail to the e-mail ID of the cell.

Following are the areas on which complaints could be made:

  • Seat cornering at the platform/in general compartments with the help of 'Hammals'.
  • Presence of unauthorized and illegal hawkers.
  • Picking up passengers out-of-turn by Taxi drivers at the Railway stations.
  • Taxi drivers refusing to transport passengers as per meter charges and
    thereby over-charging them.
  • Recycling of Mineral water bottles.

Complaints against Railway Police Force (RPF) can also be lodged if any of the following conditions exist:

  • If the RPF staff on duty fails to respond to any information provided above
  • If any RPF personnel engaged in extorting money from passengers for queuing up before the general compartments.
  • If any RPF personnel is engaged in monetary negotiations after finding some objectionable material in any passenger's baggage.
  • If any RPF personnel is engaged in monetary negotiations after booking a passengerfor any offence under the RailwayAct.

Directorate of Public Grievances:

  • This is the second appellate authority and hence is required to be approached only after having received no/unsatisfactory response from the concerned authority
  • Details on grievance has to be provided at the complaints page of the website or a written letter addressing the body has to be posted to the address of the body
  • Additional information has to be provided on whether appellate body has been approached
  • On lodging a complaint, a registration number will be provided for future reference.
  • Status of the complaint can be found in the website with the help of the registration number.
  • Download the form

Property Registration Process in India

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Existing manual process is described as follows:

A person who wants to register his/her document brings it to Sub Registrar office.

Functions of a sub registrar:

Sub Registrar manually scrutinizes the document. He /she checks following details

o Date of stamp: This is the date of Stamp paper purchase or date of Franking or date of certificate or embossing.

o Date of execution: This is the date of signing by executants.

Sub Registrar classifies the nature of document based on The Stamp Act and The Registration

Act.

o Consideration amount: This is the price paid or agreed to be paid for the property mentioned in

the document.

o Market Value: Market value is that estimated by the Market Value Committee or consideration shown in document, whichever is higher.

-If parties do not agree to Government’s guidance value, they may appeal to District Registrar.

-In such cases the Sub Registrar will refer to the District for determination of market value under section 45 A of The Karnataka Stamp Act, 1957.

-The stamp duty and registration fee are calculated on consideration or guideline market value, whichever is higher.

o Stamp duty: This is the total amount of stamp duty paid by the party.

-If calculated stamp duty is more than the amount of duty paid the Sub Registrar will demand party to pay the difference.

-Party may pay the difference in form of challan/DD/Pay order.

-If he refuses to pay required amount Sub Registrar will impound the document and send to District Registrar under Section 33 of the Karnataka Stamp Act.

o Support documents attached: These are additional enclosures required for document registration e.g. RTC, Form 60 and 61 PAN, Form No. 1, Form No. 9, Form No. 10, Declaration, Affidavit and NOC.

-Sub Registrar checks whether appropriate support documents are attached and also checks their validity and correctness.

o Presenting person: This is the person who presents the document in front of the Sub Registrar for

registration. He must be executing, claiming party or his representatives.

-Sub Registrar checks whether a presenting person is the right person to present the document.

- If presenting person is power of attorney holder then appropriate proof of the same is verified; if the person is exempted under Section 88 of The Registration Act, Sub Registrar insists for passport-size photograph. If not, passport-size photograph will be insisted.

-Sub Registrar verifies whether all executants are present or not.

-After scrutiny Sub Registrar decides whether the document can be registered immediately or not.

-Sub Registrar records presentation procedure by affixing Stamp number 1 (Presentation Stamp) mentioning the date and time of presentation.

o Payment of Fees: Sub Registrar issues receipt of fees on payment of appropriate fees (Registration fee, Copying fee etc). On payment of all fees Sub Registrar affixes Stamp number 2 (Fees stamp)

-The executing parties sign in front of the Sub Registrar on the document and also put their thumb impressions in front of their signs as a part of admission procedure.

o Photographs and Thumb impressions: Photograph of each executing and claiming parties are required. The photographs, signs and thumb impressions are taken on the backside of the page generally 2nd or 3rd page of the document.

o Admission stamp: When all executants’ admission procedure is completed the Sub Registrar affixes the Stamp number 3 (Admission Stamp) on the document.

-If the executing party is unable to be present in the Sub Registrar office due to unavoidable reasons such as illness, then Sub Registrar may visit the residence of party for completing admission procedure. Such procedure is called as ‘Private attendance’.

-Appropriate fees are collected from party for such process. The details of such visit will be recorded in Minute Book.

-If the document contains payment of consideration amount in front of Sub-Registrar the ‘payment of money’ procedure is followed in front of Sub Registrar. If the party pays specific amount of money to other party (generally seller) by means of cash or DD, the Sub Registrar will make appropriate endorsement on the document regarding the same.

-If admission of execution is not completed, the Sub Registrar keeps the document pending by giving reason as admission is not completed. Sub Registrar then calls the witnesses for completing the procedure of identification.

o Witnesses: Two witnesses are required for each executant or the same 2 witnesses can be witness for all the executants.

-Sub Registrar takes details of each witness such as Name, address, profession etc. and takes signature. This procedure is called as Identification.

-After completion of identification procedure Sub Registrar affixes Stamp number 3 (Identification Stamp).

-If sufficient numbers of witnesses are not present, then Sub Registrar keeps the document pending by giving reason as Identification is not completed.

o Documentation of procedure: After all the above mentioned procedures are followed, Sub Registrar will register the document by assigning final document number and makes a note of the same in appropriate book. He orders registration and record date, page number, volume number with document number <serial number from book> and puts round seal also called as Stamp number 5.

o The registered document is then copied or duplicate copy of the same is kept with office.

o Appropriate support documents are filed. Maps, plans will be filed in Supplementary Register to Book I - part II kept for copy of maps and plans.

o Various index entries are made like Index I (Nominal index) and Index II (Descriptive index) (For wills separate index is prepared as Index III)

o The Daily register of fees is maintained which contains the details about fees and stamp duty, mutation fee, etc. Every document, applications presented are entered in this register.

o Separate cash book is maintained which contains summary of receipts and payments.

o Details of all such books, indexes, registers and other miscellaneous reports are discussed in Reports and letters section (Section 3.1.6.1.3)

o If Sub Registrar keeps a document pending, he assigns pending serial number to the document (Format as PXXXXX/<year>) and concerned receipt contains the pending serial number.

o If there is any deviation in the document registration procedure then such details are written in ‘Minute Book’.

o Various fees charged are mentioned in schedule of ‘Table of Registration Fees’ of the Karnataka Registration Act, Rules 1965.

Procurement of Succession Certificate

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What is a Succession certificate?

A succession certificate is a document that is granted by a civil court to the legal heirs of a deceased person who dies without leaving a will. It is granted by the court to realise the debts and securities of the deceased.

It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts.

It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction.

A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.

Application: A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.

Form: http://arunachalipr.gov.in/Forms/Form%20Succession%20Certificate.pdf

Details: The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.

Process:

o Engage an advocate who is reliable and reasonable in levying lawyer fees for this purpose.

o The Application is to be made in the court, where the properties of your deceased relative are situated or where he / she normally resided. Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as ""pecuniary jurisdiction"" of the court]

o You have to apply to the court with the names of all other heirs of your late relative as the respondents in the matter.

o Normally a newspaper notice is also issued apart from mandatory notice to the respondents.

Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, where after the Certificate is typed by the court staff, duly signed and sealed and delivered

Fees: The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate.

Points to note:

o The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered.

o In addition to the court fee, the lawyer's fee also needs to be taken into account.

o If the petition is not contested, the court usually issues a succession certificate in five to seven months.

Content Source: Economic Times, Sakala

Borewell Registration in Bangalore

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To check further exploitation of groundwater and also to keep a tab on those using groundwater for commercial purposes, the Department of Mines and Geology has made it mandatory for people to take permission from the Bangalore Water Supply and Sewerage Board (BWSSB) to drill new borewells.

This apart, existing borewell users — both domestic and commercial — should register with BWSSB in the prescribed format by paying a fee.

Failure to comply can attract a penalty of up to Rs. 10,000 and/or imprisonment up to three years

http://bwssb.org/wp-content/uploads/2012/12/BoreWell-Details-forms.pdf

Basic Process:

1. Pay Rs. 50 at any Canara Bank in favour of Bangalore Water Supply and Sewerage Board (BWSSB) current account No.0788201052332

2. Download the BWSSB forms pdf document and print out Form 4 and fill it with the relevant details

3. Visit your sub-division's BWSSB office and submit the Form with copies of the bank challan and latest BWSSB bill & payment receipt (if you pay online just tell them and you may not need to show proof of latest bill payment!).

Once you do this, your future monthly BWSSB bills will also include a Rs.50 charge for well/borewell.

Registration of New borewells

o As per Section 11 of Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011, those who desire to drill / dig a well / borewell for any purpose shall apply for grant of permission.

o The Form No 1A for drinking purpose and Form No 1B for commercial / industrial purpose can be downloaded from the www.bwssb.org or are available at all divisions and sub-divisions and Central office of maintenance zone of BWSSB.

o The filled application form shall be submitted to the office of Deputy Chief Engineer, Maintenance Zone along with payment of prescribed fee of Rs.50 for drinking purpose and Rs.500 for commercial / industrial purpose.

o The prescribed fee can be deposited at any branch of Canara Bank, Bangalore to the current account No 0788201052332. All the 160 branches of Canara Bank in Bangalore Metropolitan area are authorised to collect this amount.

o Deputy Chief Engineer, Maintenance zone, BWSSB will issue the registration cert­­ifi­cate with due verification from Senior Geologist, Mines and Geology Department, and after clearance from Ground Water Authority will issue the permission within 60 days from date of application.

Registration of existing borewells

o As per Section 12 of Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011, every existing user of ground water either through borewell / open well shall apply for registration in prescribed Form No. 4.

o The Form No.4 can be downloaded from www.bwssb.org or are available at all divisions and sub-divisions of maintenance zone of BWSSB.

o The filled application form shall be submitted to the respective executive engineers of maintenance zone along with payment of prescribed fee of Rs.50 for drinking purpose and Rs.500 for commercial industrial purpose.

o The registration fee can be deposited at any branch of Canara Bank, Bangalore to the current account No 0788201052332. All the 160 branches of Canara Bank in Bangalore Metropolitan area are authorized to collect this amount.

o The respective executive engineer will issue the registration certificate with due verification within 30 days from date of application.

All the necessary forms required for the process:http://bwssb.org/wp-content/uploads/2012/12/BoreWell-Details-forms.pdf

Content Source: Deccan Herald, The Hindu, BWSSB

To convert agricultural land to non-agricultural land in Maharashtra

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Permission from the district collector is required: Under section 44 of the Maharashtra Land Revenue ode 1966, before carrying out any development on the land, an eligible person has to apply to the collector for:

  • Permission to convert the use of agricultural land for any non-agricultural purpose
  • To change the use of land from one non-agricultural purpose to another non-agricultural purpose

Required Documents:

  1. Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-
  2. Extract of V.F. 7/12 and its 4 zerox copies,
  3. Copies of the all the relevant mutation entries (V.F. 6) pertaining to land in question - one set:

(Note - If record is not available in revenue office, a certificate from the Revenue Officer stating theirin that the same is not available with him. (Talathi or Tahasildar as the case may be)

  1. Extract of village form 8 A - one copy
  2. Certified copies of the land map from the Taluka Inspector, Taluka Land Record Office
  3. 8 copies of site plan and 8 copies of building plan (*if permission is asked for constructing building)
  4. If the land is not abutting to any classified road and right of way over the boundaries of other survey number/Gat number is acquired, then extract of the relevant V.F.7/12 and V.F. 6
  5. If the land in question is abutting EW, NH or SH, copy of the NOC from Highway Authorities or other appropriate authority
  6. NOC from concern Gram Panchayat /Municipal councils
  7. If the N.A. permission is already granted and application is to be made for change of use of land, then copy of the NA order and sanctioned plan is to be attached
  8. If the land is attracting provisions of Bombay Tenancy and Agricultural Lands Act, 1948 then the Sale Permission received under section 43/63
  9. No dues certificate from farmer’s co-op society
  10. Certificate received from the Talathi stating therein that the land in the question is not under acquisition
  11. Any other documents such as NOC and clearance certificate etc, if the land attracts provisions of some other laws
  12. If temporary permission is already granted for layout and application is made for final permission under the circumstances, then please attach the below documents:
  • Copy of temporary NA order permission
  • Plan prepared by survey department after subdivision of land in the plots, roads, open spaces and amenity places etc.
  • 8 copies of the Architect’s plan
  • extract of V.F. 7/12 and its 4 zerox copies and
  • Copy of the mutation entry (V.F. 6) related to the temporary NA permission.

The Collector has to follow the procedure as mentioned below for granting permission to convert the use of agricultural land for any non-agricultural purpose or to change the use of land from one non-agricultural purpose to any other non-agricultural purpose:-

  1. Collector has to send a copy of one application form to the concerned Tahasildar for collecting detailed information of the land in question.
  2. If the area is within the jurisdiction of a Municipal Corporation or Municipal Council, the Collector consults them with reference to acquiring the building permission.
  3. When there is no Municipal Corporation or Municipal Council, the applicant has to submit a “No Objection Certificate” to the Collector, which is to be acquired from the Gram Panchayat of the village, for the change of use of land.
  4. If the land falls within the limit of any Regional Plan prepared under provisions of MRTP Act 1966, the Collector shall grant permission in confirmative to Development Control Regulations prepared by planning authorities and special planning authorities.
  5. In addition to the Development Control Regulations prepared by the planning authorities and special planning authorities (which are the instruments of regulating development), there are other laws, rules & regulations, policies as well which aid the development control efforts

Note - There shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety. The collector is required to consult the authorities dealing with these subjects.

These authorities may give clearance for development under some conditions; these conditions shall be binding on the applicant and such other conditions as the collector may, under the order of the State Government impose.

List of some of the authorities .functioning important role In Development Control are given below.

  1. Town Planning Department:
  2. Health Department
  3. The Mumbai Village Panchayat Act, 1958
  4. Laws Related to Development Along Roads
  5. Mumbai Highways Act, 1955
  6. National Highway Act 1956
  7. Environment (Protection) Act, 1986
  8. Indian Forest Act, 1927
  9. Forest Conservation Act, 1980
  10. Maharashtra Acquisition of Private Forests Act, 1975
  11. Minor Mineral (Extraction) Act, 1955 and Explosives Act, 1984

Few conditions are as follows:

  1. The grant of permission shall be subject to the provisions of the Code and Rules made therein.
  2. The land shall not be used for a purpose other than that for which permission is granted;
  3. The applicant should commence the non-agricultural use within one year from the date of order, made by the Collector. Failure to do so, the permission granted shall be deemed to have lapsed, unless the Collector extends the said period from time to time.
  4. The applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110, or as the case may be, Section 114;

If the permission is for building site, then in addition to the above,

a) The applicant shall level and clear the land sufficiently to render it suitable for the non agricultural purpose for which the permission is granted;

b) The applicant shall not use the land and the building erected thereon for any purpose other than the purpose for which the permission is granted. Under a circumstance, where the applicant wants to use the land for any other purpose, he will have to obtain the permission of the Collector under the provision of the code and the rules made therein.

c) Applicant shall not divide the plot or subplot without prior permission of collector

Plan annex to the application is sanctioned under the conditions given below:

1. Demarcation is to be done as per provisional sanctioned lay out and should get surveyed through Taluka Inspector, Land Record for obtaining final permission. Permission for building shall be granted only after the completion of this procedure.

2. It is responsibility of the applicant to maintain the width of the road as per the sanctioned lay out. Also he shall construct a road along with drainage system, suitable for vehicular traffic

3. Applicant shall attach the sanctioned layout plan while applying for building permission.

d) Applicant shall plant trees on both sides of the road and it will be his responsibility to ensure the sustainability of this plantation.

e) It mandatory for the applicant to provide road entry to the adjacent land’s proposed layout.

f) If the provision for supply of drinking water system does not exist in the area, then it is the responsibility of the applicant to make the necessary arrangement.

g) If the permission is given under ‘Gaothan Extension Scheme’, then the sale of plot is restricted to local people only.

h) It is mandatory for the applicant to not impede the natural ways of water or he will have to provide alternate arrangements.

i) Applicant shall not sell plot prior to obtain final permission.

j) Applicant shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. If the applicant fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.

k) Applicant shall pay fee for survey within one month from the date of NA use. Also he shall fixed compound to outer boundary of the scheme.

l) Applicant shall execute sanad in prescribed form within one month from the date of NA use.

m) Applicant shall erect building within three years from the date of grant of sanad. If applicant fails erect building within stipulated period, the collector may extend the period in his discretion. Also he shall liable for fine.

n) On event of violation of any terms or conditions imposed while granting permission, the permission shall be cancelled. Also applicant shall be liable for fine.

o) The above terms and conditions are binding on both applicant and holder of the plot.

Collector may refuse permission for conversion of land

Depending on the location, the collector may require to consult some of the authorities mentioned above. After receiving opinions from them if collector feels that N.A. permission asked for is in contradictory to the laws, rules, regulations and policies which aided the development control efforts, he may reject the application with stating the reasons in writing.

Collector is required to inform his decision within the ninety days from the date of acknowledgement of the application. If the application is not acknowledged, the permission applied for shall be deemed to have been granted, but subject to N.A. permission asked for is not in contradictory to the laws, rules, regulations and policies which aided the development control efforts.

Date on which NA use started is required to inform the Tahsildar

The person to whom permission is granted or deemed to have been granted under this section shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. The person has to pay N.A. taxes from the date on which NA use begins.

If the person fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.

Grant of Sanad -

Where land is permitted to be used for non-agricultural purpose, a Sanad shall be granted to the holder thereof in the form in Schedule IV if the land is situated outside the jurisdiction of the Planning Authority, and in the form in Schedule V if the land is situated within the jurisdiction of the Planning Authority.

Courtesy: Lands of Maharashtra

Customs Clearance in Chennai

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Passengers returning from countries other than Nepal, Bhutan, Myanmar or China.

An Indian resident or a foreigner residing in India, returning from any country other than Nepal, Bhutan, Myanmar or China, shall be allowed clearance free of duty articles in his bonafide baggage to the extent mentioned below:

Category of Passenger:All passengers of and above 12 years of age and returning after stay abroad of more than three days.

Articles allowed free of duty:

(i)Used personal effects, excluding jewellery,required for satisfying daily necessities of life.

(ii) Articles other thanFire arms,Cartridges of fire arms exceeding 50,Cigarettes exceeding 200 or cigars exceeding 50 or tobacco exceeding 250 gms,Alcoholic liquor and wines in excess of one litre each;Gold or silver, in any form, other than ornamentsupto a value of Rs. 12,000 if these are carried on the person or in the accompanied baggage of the passenger.

Category of Passenger:All passengers of and above 12 years of age and returning after stay abroad of three days or less.

Articles allowed free of duty:

(i)Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii)Articles other thanFire arms,Cartridges of fire arms exceeding 50,Cigarettes exceeding 200 or cigars exceeding 50 or tobacco exceeding 250 gms,Alcoholic liquor and wines in excess of one litre each;Gold or silver, in any form, other than ornamentsupto a value of Rs. 6,000 if these are carried on the person or in the accompanied baggage of the passenger.

Passengers returning from Nepal, Bhutan, Myanmar or China.

An Indian resident or a foreigner residing in India, returning from Nepal, Bhutan, Myanmar or China, other than by land route, shall be allowed clearance free of duty articles in his bonafide baggage to the extent mentioned below:

Category of Passenger:Passengers of and above 12 years of ageand returning after stay abroad of more thanthree days.

Articles allowed free of duty:

(i)Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii)Articles other thanFire arms,Cartridges of fire arms exceeding 50,Cigarettes exceeding 200 or cigars exceeding 50 or tobacco exceeding 250 gms,Alcoholic liquor and wines in excess of one litre each;Gold or silver, in any form, other than ornamentsupto a value of Rs. 3,000 if these are carried on the person or in the accompanied baggage of the passenger.

Category of Passenger:Passengers upto 12 years of age andreturning after stay abroad of more thanthree days.

Articles allowed free of duty:

(i)Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii) Articles other thanFire arms,Cartridges of fire arms exceeding 50,Cigarettes exceeding 200 or cigars exceeding 50 or tobacco exceeding 250 gms,Alcoholic liquor and wines in excess of one litre each;Gold or silver, in any form, other than ornamentsupto a value of Rs. 750 if these arecarried on the person or in the accompanied baggage of the passenger.

An Indian passenger who was engaged in his profession abroad shall on his return to India be allowed clearance free of duty, in addition to what he is allowed under (1) or, as the case may be, under (2) above, articles in his bonafide baggage to the extent mentioned below:

Category of Passenger:Indian passenger returning after atleast 3 months

Articles allowed free of duty:

(i) Used household articles upto an aggregate value of Rs. 6,000/-.

(ii) Professional equipment upto a value of Rs 10,000/-.

Indian passenger returning after at least 6 months.

(i) Used household articles upto an aggregate value of Rs. 6,000/-.

(ii) Professional equipment upto a value of Rs. 20,000/-.

Indian passenger returning after a stay ofminimum 365 days during the preceding 2years on termination of his work, and who hasnot availed this concession in the preceding three years.

(i) General Free Allowance as applicable

(ii) Bonafide Household articles which were in passenger's possession or use for atleast six months (except those articles inAnnexIorAnnex II)upto an aggregate value of Rs. 30,000/-.

Jewellery:

A passenger returning to India shall be allowed clearance free of duty jewellery inhis bonafide baggage to the extent mentioned below:

Indian passenger who has been residingabroad for over one year.

(i) Jewellery upto an aggregate value of Rs. 10,000/- by a gentleman passenger, or

(ii) Upto an aggregate value of Rs. 20,000/- by a lady passenger.

Tourists:

A tourist arriving in India shall be allowed clearance free of duty articles in his bona fide baggage to the extent mentioned below:

Articles allowed free of duty

Tourists of Indian origin

(i) Used personal effects and travel souvenirs, if-

a.these goods are for personal use of the tourist, and

b. these goods, other than those consumed during the stay in India, are re-exported when the tourist leaves India for a foreign destination.

(ii) articles as allowed to be cleared under (1) or (2) above.

Tourists of foreign origin other than those of Nepalese origin coming from Nepal or of Bhutanese origin coming from Bhutan.

(i) Used personal effects and travel souvenirs, if-

a. these goods are for personal use of thetourist, and

b. these goods, other than those consumed

during the stay in India, are re-exported when

the tourist leaves India for a foreign destination.

(ii) Articles other than those mentioned inAnnex.Iupto a value of Rs. 4,000 for making gifts.

Tourists of Nepalese origin coming from Nepal or of Bhutanese origin coming from Bhutan.

No free allowance.

Foodstuffs, etc., imported by foreigners.

Foodstuffs and provisons (exclusding fruit products, alcohol and tobacco) imported by a person in India, not being a citizen of India are exempt from the whole of the duty of customs and from the whole of additional duty leviable thereon, provided that - (i) aggregate CIF value of such foodstuffs and provisons so imported by any such person in a year shall not exceed Rs.50,000/= and (ii) the imoprter secures the foreign currency required for importing such foodstuffs and provisons from the funds available to him in the foreign country.

Personal and household effects of deceased person.

USEDbonafide personal and household effects belonging to a deceased person are exempt from the whole of the duty of customs and the whole of additional duty leviable theron when imported into India, provided a certificate from the Indian mission concerned about the ownership of the goods by the deceased is produced at the time of clearance of the goods through customs.

Personal effects of Indian Defence Forces on duty abroad, who are dead, missing etc.

The effects of any person who dies or is wounded, or taken prisoner of war while on duty out of India with Indian armed forces, when imported into India for delivery to the next of kin, are exempt from the whole of the duty of customs and from the whole of the additonal duty leviable thereon.

To convert agricultural land to non-agricultural land in Hyderabad

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The state law says: As per the Andhra Pradesh Agriculture Land (Conversion for Non-agriculture Purpose) Act, 2006, any owner converting agricultural land for non-agricultural purposes should pay 10 per cent of the basic value towards conversion fee.

If the land has already been converted for non-agricultural purposes illegally before January, 2006, they would have to pay fifty per cent fee penal amount apart from the conversion fee. The fee is to be paid to the revenue divisional officer of the concerned revenue division.

Note - Director of Town and Country Planning (DTCP) and Hyderabad Urban Development Authority (Huda) shall not to issue permissions for layout without the mandatory land conversion certificate

Process Flow for Land use Conversion: -

  • An application for conversion of the agricultural land for non-agricultural purposes shall be made before the competent authority in the form prescribed along with conversion fee as specified under Section 4 of the concerned act.
  • If the conversion fee so paid as per sub-section (2) is found to be less than the fee prescribed under Section 4, a notice shall be issued by the competent authority to the applicant within 30 days of the receipt of application intimating him the deficit amount.
  • The applicant shall pay the deficit amount indicated in the notice issued under sub-section (3) within 15 days of the receipt of such notice.
  • In case no intimation is received by the applicant within 30 days about the deficit payment of conversion fees, it shall be deemed that the amount paid is sufficient for the purpose.
  • In conversion permission request for shall either be issued, rejected in full or part by the competent authority within sixty days after such request is received on the officer of the competent authority or within 30 days after the receipt of the deficit amount as the case may be, provided that such request are rejected, the reasons for such rejection shall be recorded in writing and communicated to the applicant:

Provided that, if no order is passed on such request, within the time prescribed in sub-section (6), the required permission shall be deemed to have been given.

Power to levy and collect conversion fee:-

(1) With effect on and from the date of commencement of this Act, every owner or occupier of agricultural land shall have to pay a conversion fee for non-agricultural purposes, of the rate of 10% of the basic value of the land in areas as may be notified by the Government from time to time.

(2) For the purpose of this section, the basic value of the land shall be fixed in such manner as may be prescribed.

Authority competent to convert agricultural land for non-agricultural purpose:- The Revenue Divisional Officer or any officer to be notified by the Government in this behalf shall be competent to order, in respect of the lands situated within his territorial jurisdiction, conversion of land use from agricultural purpose to non-agricultural purpose.

Penalty:-

(1) If any agricultural land has been put to non-agricultural purpose without obtaining the permission as required under Section 3, the land shall be deemed to have been converted into non-agricultural purpose.

(2) Upon such deemed conversion, the competent authority shall impose a fine of 50% over and above the conversion fee for the said land specified under Section 4 in such manner as may be prescribed.

(3) The owner or occupier of the land shall pay the fine so imposed under Sub-Section (2) in such manner as may be prescribed.

(4) Any fee or penalty which remains unpaid after the date specified under sub-section (2) for payment, shell be recoverable as per the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.

Act not to apply to certain lands:- Nothing in this Act shall apply to-

(a) Lands owned by the State Government;

(b) Lands owned by a local authority and used for any communal purposes so long as the land is not used for commercial purposes;

(c) Lands used for religious or charitable purposes;

(d) Lands used by owner for household industries involving traditional occupation, not exceeding one acre;

(e) Lands used for such other purposes as may be notified by the Government from time to time;

Appeal: - Any person aggrieved by an order of the Revenue Divisional Officer may file an appeal before the Collector within sixty days of receipt of such order by the applicant.

Other provisions are as follows:

Act to Override other Laws:- The provisions of this Act shall have effect notwithstanding anything in consistent therewith contained in any other law for the time being in force, or any custom or usage having the force of law or contract or judgment decree or order of a court or any other authority

10. Power to give directions: - For the purpose of giving effect to the provisions of this Act it shall be competent for the Government to issue such directions as they may deem fit to any officer, authority or persons subordinate to the Government.

11. Bar of Jurisdiction: - Save as otherwise expressly provided in the Act, no Court shall entertain any suit, or other proceeding to set-aside or modify, or question the validity of deficit fee under Section 3 or fine imposed under Section 6, or order or decision made or passed by any officer or authority under the Act or any rules made thereunder, or in respect of any other matter falling within its scope.

12. Protection of action taken in good faith: - No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules made thereunder.

13. Power to remove difficulties: - If any difficulty arises in giving effect to the provisions of this Act, the Government may by order in the Andhra Pradesh Gazette make such provisions not inconsistent with the purposes or provisions of this Act as appear to them to be necessary or expedient for removing the difficulty.

14. Power to make rules: -

(1) The Government may by notification make rules for carrying out all or any of the purposes of this Act.

(2) Every Rules made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in the 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 the Legislative Assembly agrees 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 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 any thing previously done under that rule.

15. Repeal of Act 14 of 1963:-

(1) The Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 is hereby repealed.

(a) The provisions of Section 8 of the Andhra Pradesh General Clauses Act, 1891 shall apply;

(b) All the outstanding arrears from individuals/institutions under the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 as on the date of commencement of this Act shall be recovered under the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.

To convert agricultural land to non-agricultural land in Andhra Pradesh

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According to the state law: As per the Andhra Pradesh Agriculture Land (Conversion for Non-agriculture Purpose) Act, 2006, any owner converting agricultural land for non-agricultural purposes should pay 10 per cent of the basic value towards conversion fee.

If the land has already been converted for non-agricultural purposes illegally before January, 2006, they would have to pay fifty per cent fee penal amount apart from the conversion fee. The fee is to be paid to the revenue divisional officer of the concerned revenue division.

Note - Director of Town and Country Planning (DTCP) and Hyderabad Urban Development Authority (Huda) shall not to issue permissions for layout without the mandatory land conversion certificate

Land use Conversion: -

  • An application for conversion of the agricultural land for non-agricultural purposes shall be made before the competent authority in the form prescribed along with conversion fee as specified under Section 4 of the concerned act.
  • If the conversion fee so paid as per sub-section (2) is found to be less than the fee prescribed under Section 4, a notice shall be issued by the competent authority to the applicant within 30 days of the receipt of application intimating him the deficit amount.
  • The applicant shall pay the deficit amount indicated in the notice issued under sub-section (3) within 15 days of the receipt of such notice.
  • In case no intimation is received by the applicant within 30 days about the deficit payment of conversion fees, it shall be deemed that the amount paid is sufficient for the purpose.
  • In conversion permission request for shall either be issued, rejected in full or part by the competent authority within sixty days after such request is received on the officer of the competent authority or within 30 days after the receipt of the deficit amount as the case may be, provided that such request are rejected, the reasons for such rejection shall be recorded in writing and communicated to the applicant:

Provided that, if no order is passed on such request, within the time prescribed in sub-section (6), the required permission shall be deemed to have been given.

Power to levy and collect conversion fee:-

(1) With effect on and from the date of commencement of this Act, every owner or occupier of agricultural land shall have to pay a conversion fee for non-agricultural purposes, of the rate of 10% of the basic value of the land in areas as may be notified by the Government from time to time.

(2) For the purpose of this section, the basic value of the land shall be fixed in such manner as may be prescribed.

Authority competent to convert agricultural land for non-agricultural purpose:- The Revenue Divisional Officer or any officer to be notified by the Government in this behalf shall be competent to order, in respect of the lands situated within his territorial jurisdiction, conversion of land use from agricultural purpose to non-agricultural purpose.

Penalty:-

(1) If any agricultural land has been put to non-agricultural purpose without obtaining the permission as required under Section 3, the land shall be deemed to have been converted into non-agricultural purpose.

(2) Upon such deemed conversion, the competent authority shall impose a fine of 50% over and above the conversion fee for the said land specified under Section 4 in such manner as may be prescribed.

(3) The owner or occupier of the land shall pay the fine so imposed under Sub-Section (2) in such manner as may be prescribed.

(4) Any fee or penalty which remains unpaid after the date specified under sub-section (2) for payment, shell be recoverable as per the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.

Act not to apply to certain lands:- Nothing in this Act shall apply to-

(a) Lands owned by the State Government;

(b) Lands owned by a local authority and used for any communal purposes so long as the land is not used for commercial purposes;

(c) Lands used for religious or charitable purposes;

(d) Lands used by owner for household industries involving traditional occupation, not exceeding one acre;

(e) Lands used for such other purposes as may be notified by the Government from time to time;

Appeal: - Any person aggrieved by an order of the Revenue Divisional Officer may file an appeal before the Collector within sixty days of receipt of such order by the applicant.

Other provisions are as follows:

Act to Override other Laws:- The provisions of this Act shall have effect notwithstanding anything in consistent therewith contained in any other law for the time being in force, or any custom or usage having the force of law or contract or judgment decree or order of a court or any other authority

Power to give directions: - For the purpose of giving effect to the provisions of this Act it shall be competent for the Government to issue such directions as they may deem fit to any officer, authority or persons subordinate to the Government.

Bar of Jurisdiction: - Save as otherwise expressly provided in the Act, no Court shall entertain any suit, or other proceeding to set-aside or modify, or question the validity of deficit fee under Section 3 or fine imposed under Section 6, or order or decision made or passed by any officer or authority under the Act or any rules made thereunder, or in respect of any other matter falling within its scope.

Protection of action taken in good faith: - No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules made thereunder.

Power to remove difficulties: - If any difficulty arises in giving effect to the provisions of this Act, the Government may by order in the Andhra Pradesh Gazette make such provisions not inconsistent with the purposes or provisions of this Act as appear to them to be necessary or expedient for removing the difficulty.

Power to make rules: -
(1) The Government may by notification make rules for carrying out all or any of the purposes of this Act.

(2) Every Rules made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in the 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 the Legislative Assembly agrees 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 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 any thing previously done under that rule.

Courtesy: Property Mixer


To convert agricultural land to non-agricultural land in Karnataka

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The process mainly involves getting a Non-objection certificate for the land conversion.

Concerned law: U/s 95 of the Karnataka Land Revenue Act. 1964

Process Flow:

The owner or the legal entity of the land has to make an application, to the competent Revenue Authority (Tahsildar or the Assistant Commissioner or the Deputy Commissioner, as the case may be, depending on the area to be converted). The revenue authority request the Department of Town and Country Planning for issue of No Objection Certificate or opinion for conversion of land for various uses (Residential / Commercial / Industrial / Others)

Required documents are:

(i)Record of Rights and Tenancy Certificate (R.T.C) in original issued by the Revenue Authorities of the Taluk

(ii)Photocopy of the Atlas of the land (survey number), duly signed by the competent authority of the Department of Survey Settlement and Land Records, showing the dimensions in meters with scale and boundary of the land proposed for conversion.

(iii)Photo copy of the Revenue Survey Map of the village showing location of the land proposed for conversion.

(iv)Where proposed conversion is for formation of sites: Site Plan drawn at scale not smaller than 1:1000, showing the details of existing surrounding developments, cadastral boundaries of surrounding survey numbers and hissas, contours, spot heights, the developments in the adjoining areas of the proposed land including approach road with width, power transmission line, telephone line, railway line, nearby water reservoirs, nalas, etc. if any.

(v) Any other information required by the authority. The concerned Revenue Authority, after verifying the documents, will forward the application and the documents to the concerned authority

The concerned authority will examine the application based on the proposals and furnish the opinion to the concerned Revenue Authority.

Jurisdiction

1. Bangalore Metropolitan Region Development Authority, excluding the limits of Bangalore Development Authority (BDA), Urban Development Authority (UDA) including BDA, Planning Authority or Municipal Planning Authority, if the land is located within the jurisdiction of any such authority responsible for regulating the planned development.

2. If the land is not situated within the jurisdiction of any of the aforementioned planning agency, the Assistant Director of Town Planning of the Department of Town Planning. The Assistant Director of Town Planning of the respective districts is delegated with the power of giving technical opinion up to 1.5 hectares, Joint Director of Town Planning is delegated with the power of giving technical opinion up to 4.0 hectares Additional Director, Dharwad is delegated with power of giving technical openion upto 10 hectare in Gulbarga and Belgaum Division and Director of Town and Country Planning with full power.

Courtesy: Directorate of Town & Country Planning of Karnataka

Right to Education Act- Process of Admission

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What is Right to Education?

All children between the age group of 6 & 14 are entitled to free and compulsory education with a provision of 25% reservation in private unaided schools.

Salient Features of RTE

· Makes Elementary Education Free

· the definition of ‘free’ that goes beyond tuition fees

· the ‘compulsion’ being on the governments rather than on parents

· the stress on ending discrimination, and on inclusion

· prescribing quality principles for the teaching-learning process

· an external constitutional body for monitors the Act

· minimum norms and standards are defined for the school

· focusses on addressal of emotional, stress and anxiety issues of children

· The Act prohibits the use of any screening procedures for admission for all schools

· Mandates education of children along their peer age group (“age-appropriate”); provides for “special training” to facilitate age appropriate education

· Sets quality norms for all schools

· Sets qualification and working norms for Teachers in all schools

Process of Admission

Parent: Parents to register their child for the Admission Process by submitting the completed Registration Form at the School Office to the Admission Coordinator along with all the required documents.

o Scrutiny of Applications: The applications received will be scrutinized and list of eligible applicants will be compiled.

o Admission Processing: In case applications are in excess of the available seats, lots will be drawn in the presence of the representative from State Education Department. The list of selected applicants will be put up on the school notice board and website along with a waiting list.

o Admission Confirmation: The admission will be confirmed after the completed Admission Form is submitted along with required documents in original.

Documents Required:

· Birth certificate or written submissions by parents on the age of the child may be accepted as age-proof at the time of admission.

· Income certificate

Eligibility: A Child must be 5 years old as on 31st March in the academic year in which admission is sought for Class I.

School: Mandatory 25% reservation for students belonging to disadvantaged and weaker sections

· Number of students can be extended if the admissions are not filled up within the customary 1km radius.

· The Act says ‘at least 25%’ instead of ‘at least and no more’, which implies that a school could offer to take more than 25% children.

· Each school has to notify the block education officer (BEO) so as to calculate the availability of seats under the quota, school -wise, and notify it to the parent teacher associations and community through public display.

· No Child can be failed or expelled.

Reimbursement of fees: The total expenditure per child will be determined by the school and submitted to the BEO along with evidence to support the expenditure.

· The managements have been asked to divide the total annual expenditure by the total number of students, both free and payment quota, to arrive at per child expenditure.

· The government has stated that the reimbursement will be made on the basis of the allocation made per child towards the education or the fee collected from a student, whichever is less.

Additional Information:

Curriculum and evaluation systems: Specified to academic institutions by the state. These could be SCERTs or other academic institutions of the state. The state curriculums must however be prepared according to certain common principles of content and process described in Section 29(2).

Age Proof Document: No admission can be denied for lack of any documentation, including proof of age.

Deadline for application: A child should be admitted at the start of the academic year, but no child can be denied admission at any later date either.

Websites for Further reference: http://rtemonitoringcell.info/rte-primer-responsibilities-of-schools/

Model Rules for Right to Education Act

http://wbxpress.com/admission-procedure-in-schools-as-per-rte-act/

Procurement of a new Arms/Pistol License

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Process:Submitform 'A'application with Rs. 5/- Court fees stamp to nearest police station

o The application form is available in the District Police office or can be downloaded from this site.

o Submit it with relevant documents to the concerned Police station.

o The Police station makes an enquiry and submits the report to the Zonal DCP in Commissionerates and SPs in districts.

o The applicants are then interviewed by the DCP or DM (as the case may be).

o Once convinced, the licensing authority (CP or DM)issues the license.

Time required: About 2 months after the application is submitted (provided all the documents are in order)


Documents Required:

o Copy of Ration card

o Election card

o Last 3 year's I.T. Returns /chalan copy/assessment orders

o Two character certificates from the responsible citizens from your locality

o Physical fitness certificate

o Proof of Educational Qualifications (self-attested copies of certificates. Original should not be submitted along with application).

o Proof of age (Birth Certificate/school leaving certificate)

o supporting documents to justify the need for holding the arm for security or for sports etc.

Further reference: http://mahapolice.gov.in/mahapolice/jsp/temp/armsfaq.jsp

Obtaining a Mutation Certificate

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Mutation Certificate Decoded: Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State.

The mutation in the municipal records is for the purpose of payment of property tax and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records.

Method to apply for this: An application to the tahsildar on a plain paper, along with a non-judicial stamp of relevant value, has to be made.

Details to be furnished with this:

>> Area in which the right has been acquired

>> Description of the right acquired

>> Name, parent's name, and address of the person from whom the right has been acquired

>> Manner in which the right has been acquired

>> Name, parent's name, and address of the person who has acquired the right

>> Date on which the right was acquired

>> Copy of document on the basis of which the mutation is sought - sale deed, Will etc

A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned.

Any party aggrieved by an order of mutation can file an appeal before the Additional Collector (or the Deputy Commissioner) concerned within 30 days of the order.

Documents required for mutation:

In case of sale:

>> Copy of sale deed

>> Application for mutation with court fee stamp affixed on it

>> Indemnity bond on stamp paper of requisite value

>> Affidavit on stamp paper of requisite value

>> Receipt of up-to-date property tax payment

In case of Will:

>> Death certificate

>> Copy of Will or Succession Certificate

>> Indemnity bond on stamp paper of requisite value

>> Affidavit on stamp paper of requisite value attested my a Notary

>> Receipt of up-to-date property tax payment In case of Power of Attorney:

>> Copy of Power of Attorney.

>> Copy of Will

>> Receipt for payment registered with a sub-registrar

>> Application for mutation with court fee stamp affixed on it

>> Indemnity bond on stamp paper of requisite value

>> Affidavit on stamp paper of requisite value

>> Receipt of up-to-date property tax payment

Note - Sometimes, an indemnity bond giving an undertaking that the executant indemnifies the municipal corporation in the event of a dispute arising from the mutation made upon his application is sought. A rough site plan showing the different portions of the building, with details of those occupying these portions, may also need to be furnished.

The prevalent rate of transfer duty on the consideration amount and the mutation fee should be paid. If an entire building or plot has been sold, the mutation may be allowed on payment of up-to-date dues. In case of sale through an agreement to sell, it is done on payment of transfer duty on the prevalent rates.

How to Register a Sale Deed

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· You have to get the sale deed drafted by an experienced document writer, incorporating all the details and present it to the Sub-Registrar.

· The seller has to be physically present art the Sub-Registrar's office at the time of sale deed. The buyer may be present personally or can be represented by someone else.

· The Sub-Registrar may inspect the property personally to verify if the sale price represents true value of the property or if there is undervaluation to evade stamp duty.

· For most areas government has fixed the value of the land and there are Basic Valuation Registers (BVR) available with the Sub-Registrar. Even if the property is undervalued, the Sub-Register will charge the stamp duty on the basis of the government valuation rates in the BVR. The stamp duty will have to be paid on BVR rate or actual sale price in the sale deed, whichever is higher.

· The sale consideration or the amount due to the seller must be handed over to the seller in the presence of the Sub-Registrar. Only after the seller acknowledges the receipt of the sale price will the document be registered.

· Simultaneously with the registration of the sale deed, the property will be handed over to the purchaser. Usually this handing over of property is by transfer of documents and acknowledgement of handing over and taking over in writing.

· The stamp duty is levied as follows:

o In Municipal Corporation areas and selection grade municipalities : 13% of the value
o In other municipalities : 12% of the value
o In panchayat areas : 11% of the value

· The following additional fees must be paid to the Sub-Register at the time of registration.
o Upto Rs. 50,000 valuation : Rs. 10 per Rs. 1.00
o Above Rs. 50,000 valuation :Rs. 5 per Rs. 1,000
(for the amount exceeding Rs. 50,000/-)
o Copying fee : Rs. 2 per 800 words

· The cost of registration is borne by the purchaser. The purchaser has to buy non-judicial stamp paper (available with the licensed vendors) of value equivalent to the stamp duty and get the sale deed written on this stamp paper.

· The original document will be given to the purchaser after the document is copied in the Sub-Registrar's office. This concludes the sale.

· Some times, before executing the sale deed, a sale agreement is entered into between the two parties. The sale agreement can also be registered, the stamp duty for which is Rs.50 per every Rs. 1,000 valuation. However, this amount will be exempt from the stamp duty at time of sale deed registration.

· In some cases, the property may be handed over to the purchaser at the time of sale agreement, upon receiving partial or full payment.

Unregistered or undervalued documents

· If at any time a document of sale is not registered, or if a document is registered with under valuation of the property, then such a document can be impounded by the Sub-Registrar when it comes to his notice.

· The impounded document is sent to the Collector or RDO or Sub-Collector for fixing proper value and imposing a penalty. The RDO will then enquire into the case, and fix a proper value as on the day of sale, and impose a penalty as per law.

· The sale deed is then registered on collecting the prescribed stamp duty and the penalty.

· If you have any doubt about the valuation, please ask for the Basic Valuation Register and verify the values given. All the records of the Sub-Registrar's offices are being computerized. Whenever this has been completed, you can ask for, and get the details of valuation and stamp duty payable through computer printouts.

· If there is any difficulty experienced in registering a document, please approach the District Registrar.

Courtesy: Loksatta

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