registered no. hse/49 [price: rs.13.50 paise · government of andhra pradesh; (19) ‘heritage...

ACT NO.11 OF 2014.AN ACT TO PROVIDE FOR THE DECLARATION OF THE NEWCAPITAL AREA FOR STATE OF THE ANDHRA PRADESH ANDESTABLISHMENT OF THE ANDHRA PRADESH CAPITAL REGIONDEVELOPMENT AUTHORITY FOR THE PURPOSES OF PLANNING,COORDINATION, EXECUTION, SUPERVISION, FINANCING,FUNDING AND FOR PROMOTING AND SECURING THE PLANNEDDEVELOP-MENT OF THE CAPITAL REGION DEVELOPMENT AREA,UNDERTAKING THE CONSTRUCTION OF THE NEW CAPITALREGION DEVELOPMENT AREA, UNDERTAKING THECONSTRUCTION OF THE NEW CAPITAL FOR THE STATE OFANDHRA PRADESH AND FOR MANAGING AND SUPERVISINGURBAN SERVICES IN THE NEW CAPITAL AREA AND FOR MATTERSANCILLARY THERETO:

[1]

ANDHRA PRADESH ACTS, ORDINANCESAND REGULATIONS Etc.,

The following Act of the Andhra Pradesh Legislature received the assentof the Governor on the 29th December, 2014 and the said assent is herebyfirst published on the 30th December, 2014 in the Andhra Pradesh Gazettefor general information:-

THE ANDHRA PRADESH GAZETTEPART IV-B EXTRAORDINARY

PUBLISHED BY AUTHORITYNo. 11] HYDERABAD, TUESDAY, DECEMBER 30, 2014.

Registered No. HSE/49 [Price: Rs.13.50 Paise

2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-BWhereas, the Andhra Pradesh Re-

organization Act, 2014 has been enacted bythe Parliament providing for the Re-organization of the State of Andhra Pradesh;

And whereas, as per the provision of thesection 4 of said Act, on and from theappointed day, the State of Andhra Pradeshshall comprise the territories of the existingState of Andhra Pradesh other than thosespecified in in section 3 of the said Act;

And whereas, sub-section (2) of section5 of the said Act specified that there shall bea new capital for the State of Andhra Pradeshafter the expiry of the period referred to insub-section (1);

And whereas, section 6 of the said Actcontemplates that Central Governmnet shallconstitute an expert committee to studyvarious alternatives regarding the new capitalfor successor State of Andhra Pradesh andmake appropriate recommendations in aperiod not exceeding six months from thedate of enactment of the said Act for settingup of a capital for the State;

And whereas, in the meanwhile, it hasbeen felt necessary to undertake legislationto provide for the overall development andsetting up to capital region area and toconstitute an authority for the purpose;

Be it enacted by the Legislature of theState of Andhra Pradesh in the Sixty fifthyear of the Republic of India as follows:-

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 3

Short title,extent andcommence-

ment.

Definitions.

CHAPTER IPRELIMINARY

1. (1) This Act may be called the AndhraPradesh Capital Region DevelopmentAuthority Act, 2014.

(2) It extends to the Andhra PradeshCapital Region as declared under sub-section(1) of section 3 of this Act.

(3) It shall come into force on suchdate as the State Government may, bynotification in the Andhra Pradesh Gazette,appoint.

2. In this Act, unless the contextotherwise requires, —

(1) ‘agriculture’ includeshorticulture, farming, raising of crops, fruits,vegetables, grass, fodder, trees or any otherkind of cultivation, breeding and keeping oflive-stock, including horses, donkeys, mules,pigs, fish, poultry and bees; and the use ofland for any purpose which is ancillary tothe farming of land or any other agriculturalpurposes, but does not include the use ofany land attached to a building for thepurpose of a garden to be used along withsuch building and the expression‘agricultural’ shall be construed accordingly;

(2) ‘amenity’ means roads, streets,open spaces, parks, landscaping,playgrounds, recreational grounds, touristspots, water and electric supply, streetlighting, sewerage, drainage, public works,communication network, and other utility

4 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bservices and conveniences as the Governmentmay specify by notification to be an amenityfor the purposes of this Act;

(3) ‘area development plan’ meansa five year plan of socio-economic and spatialdevelopment for an area within the capitalregion providing all details of residential,commercial, transportation, green/open,mixed use, utilities, social infrastructure,industrial areas and so on conceived withinthe framework of its approved perspectiveplan and master plan;

(4) ‘authority’ means the AndhraPradesh capital region development authorityconstituted under section 4 (1) of this Actand includes Commissioner or CompetentAuthority not below the rank of DeputyCollector appointed by Government todischarge certain functions under this Actor rules or standing orders made there under;

(5) (a) ‘building’ includes any structureor erection or part of a structure or erectionwhich is intended to be used for residential,industrial, commercial or any other purposes,whether in actual use or not;

(b) ‘building operations’, include:-(i) erection or re-erection of

a building or any part thereof;

(ii) roofing or re-roofing of abuilding or any part of abuilding or any openspace; and

(iii) any material alteration ofa building or such

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 5alteration as is likely toaffect the alteration of itsdrainage or sanitaryarrangements or materi-ally affect its security, orthe construction of a dooror opening on any streetor land not belonging tothe owner;

(6) ‘capital city area’ means areawithin capital region identified and notifiedby the Government of Andhra Pradesh as thecapital city area for the State of AndhraPradesh under section 3 (3) of this Act;

(7) ‘capital region’ means the areanotified for the purpose of development bythe Government of Andhra Pradesh as thecapital region for the State of Andhra Pradeshunder section 3 (1) of this Act;

(8) ‘company’ means a body corporateregistered under the Companies Act, 2013and includes a firm or association ofindividuals;

(9) ‘commissioner’ means thecommissioner of the capital regiondevelopment authority;

(10) ‘developer entity’ includes anindividual, company or association or bodyof individuals whether incorporated or not, acooperative society, a corporate body, or anagency national or international to whom alicence is given to undertake developmentworks within the framework of a plan ordevelopment scheme duly approved underthis Act;(11) ‘development’ with its grammaticalvariations means the carrying out of building,

Act 30 of 2013.

6 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bengineering, mining or other operations in,on, over, or under, land or the making of anymaterial change, in any building or land orboth, or in the use of any building or land orany material or structural change in anyheritage building or its precinct, and includesdemolition of any existing building, structureor erection and redevelopment, reclamationof land, conservation of environment, formingof layouts and sub-division of any land intoplots, and development of amenities; and ‘todevelop’ shall be construed accordingly;

(12) ‘development fund’ means a fundcreated under section 25 of this Act; (13) ‘development plan’ means a

comprehensive plan for the development orredevelopment or improvement of a local areawithin the jurisdiction of the Authoritycovering the whole or part thereof, conceivedwithin the framework of the perspective planproviding medium-term (five years) policies,programmes and detailed proposals for socio-economic and spatial development of sucharea indicating the manner in which the useof land and development therein shall becarried out and includes a capital regiondevelopment plan, capital city developmentplan, area development plan, towndevelopment plan, zonal development plan,village development plan, or any other planor scheme prepared under the Act bywhatsoever name known;(14) ‘development project or project’ meansplans conceived within the framework ofapproved development plan, containingdetailed working layouts with all supporting

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 7infrastructure and documents including costof development, source of finance andrecovery instruments for their execution;

(15) ‘development scheme’ means themethod of securing land required for adevelopment plan by means of landacquisition or land pooling or any othermeans, and the details of implementation ofthe plan in the secured land. All these detailsare incorporated in a document conferringrights on land by specifying how this landmay be used and developed, and outlines theprocesses to be followed before developmentoccurs;

(16) ‘floor space index or floor arearatio’ means the quotient or the ratio of thetotal covered area of all floors to the total areaof the plot, multiplied by hundred;

(17) ‘former authority’ means theVijayawada-Guntur-Tenali-MangalagiriUrban Development Authority;

(18) ‘government’ means the StateGovernment of Andhra Pradesh;

(19) ‘heritage building’ means andincludes any building comprising of one ormore premises or any part thereof orstructure or artefact which requiresconservation or preservation for historical orarchitectural or artistic or artisanry oraesthetic or cultural or environmental orecological purposes and includes suchportion of land joining such building or partthereof as may be required for fencing orcovering or in any manner preserving thehistorical or architectural or aesthetic orcultural or environmental value of such abuilding;

8 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B

(20) 'infrastructure plan' means a planshowing existing and proposed majorinfrastructure facilities like circulationnetwork including ring/radial/grid roadsconnecting all the settlements, transport,power, water supply, natural drainage,sewerage system, solid waste disposal andmanagement system, communicationsnetwork and related facilities like powerplants, roads, highways, railways, metro ways,airports, and the like; (21) ‘land’ means land and includesbenefits arising out of land and thingsattached to the earth or permanentlyfastened to anything attached to the earth;

(22) ‘land pooling scheme’ meansassembly of small land parcels under differentownerships voluntarily into a large landparcel, provide it with infrastructure in aplanned manner and return thereconstituted land to the owners, afterdeducting the land required for public openspaces such as parks and play grounds, socialhousing for economically weaker sections,social amenities such as school, dispensaryand other civic amenities, road network, andother infrastructure as specified under theAct as well as such extent of land in lieu ofthe cost of development towards the provisionof infrastructure and amenities and othercosts and expenses to be incurred for thescheme and external trunk infrastructure;

(23) ‘land use’ means the principal useof land for which a plot of land or building


Act No.13 of1994

Act No.6 of1965,

thereon is used or intended to be used. Forthe purpose of classification of a plotaccording to the land uses, a land use shallbe deemed to include subsidiary land useswhich are contingent upon it;

(24) ‘local body’ means a MunicipalCorporation constituted under the respectiveAct; or a Municipality or a Nagar Panchayatconstituted under the Andhra PradeshMunicipalities Act, 1965; or a GramPanchayat constituted under the AndhraPradesh Panchayat Raj Act,1994 or any otherbody constituted under the relevant Act togovern the municipal services;

(25) ‘master plan’ means a land use,infrastructure and transportation plan,indicating the location of residential,commercial, transportation, green/open,mixed use, utilities, social infrastructure,industrial, agricultural areas and ecologicallyfragile areas, prepared for the whole of thecapital region or part thereof and could be atthe concept level for a twenty year periodreviewed every five years having a low level ofdetail or at a detailed level for up to ten yearperiod;

(26) ‘notification’ means a notificationpublished in the following manner and theword ‘notified’ shall be construed accordingly;

(a) in the Andhra Pradesh Gazetteor District Gazette;


(b) in two daily newspaperscirculating in the capitalregion of which one shallbe in Telugu language;

(c) in Telugu language in theGram Panchayat,Municipality or MunicipalCorporation, as the casemay be and in the officesof the District Collector,the Revenue DivisionalOfficer, the Tehsildar, theDistrict Registrar and Sub-Registrar;

(d) uploaded on the websiteof the Authority; or

(e) in the manner as may bedecided by the Authority;

(27) ‘occupier’ includes:-

(a) a tenant,(b) an owner in occupation of,

or otherwise using his land,(c) a rent-free tenant of any

land,(d) a licensee in occupation of

any land, and


(e) any person who is liableto pay to the ownercharges for the use andoccupation of any land;

(28) ‘operational construction’ meansany construction whether temporary orpermanent, which is necessary for theoperation, maintenance, development, orexecution of any of the services such asrailways; national highways, state highways,other important roads; waterways; ports;airways and aerodromes; postal, telecomservices of Bharat Sanchar Nigam Limited;electricity; defence; Oil and Natural GasCommission/Gas Authority of India Limited;works undertaken by the Authority or anyLocal body; or any other service which theGovernment may, if it is of the opinion thatthe operation, maintenance, development orexecution of such service is essential to thelife of the community, by notification, declareto be a service for the purposes of this clause.

Explanation: - For the removal of doubts, itis hereby declared that the construction of,-

(i) new residential buildings (otherthan gate lodges, quarters forlimited essential operationalstaff and the like), roads and


drains in railway colonies,hotels, clubs, institutes andschools, in the case of railways;and

(ii) a new building, new structure ornew installation or anyextension thereof, in the case ofany other service, shall not bedeemed to be constructionwithin the meaning of thisclause;

(29) ‘original plot’ in the context ofdevelopment scheme means the parcel of landextent vesting with the land owner as perrevenue records or in possession as on theday of notification of declaration of intentionof the development scheme, whichever is less,and while undertaking the preparation andsanction of the development scheme, thetenure and encumbrances on the plot remainunaffected;

(30) ‘owner’ in relation to any property,includes any person who is, for the time beingreceiving or entitled to receive, whether onhis own account or on account of or on behalfof, or for the benefit of, any other person oras an agent, trustee, guardian, manager orreceiver for any other person or for anyreligious or charitable institution, the rents


or profits of the property; and also includesa mortgagee in possession thereof; and alsoincludes a person, company, trust, institute,registered body, state or central governmentand its attached subordinate departments,undertakings and the like, in whose namethe property rights are vested;

(31) ‘periphery area’ means areaadjoining the boundary of the capital regiondeclared as such under section 148 of thisAct;

(32) ‘perspective plan’ means a long-term(100 years) strategic plan providing the goals,policies, strategies and general programmesof spatio-economic development of the capitalregion in line with the policies of government,and includes plans for land use,infrastructure, transportation and socio-economic development prepared for thewhole of the capital region that guidedevelopment and is revised every ten years.The plan shall indicate land use zones suchas agricultural zone, industrial zone, greenzone, capital city zone along with otherinfrastructure proposals like expressways,highways, rail and metro corridors, water,power generation and distribution centres,sewerage plans, ecologically fragile and forestzones, and so on;


(33) ‘plan’ means the statement ofproposals, policies and development briefs forsecuring, promoting and regulatingdevelopment in a planning area, and includesa map or maps or sets of documents or all ofthem; and includes a perspective plan, adevelopment plan of the capital region, capitalcity, local body or a local area, as the casemay be, prepared under this Act;

(34) ‘prescribed’ means prescribed byrules, regulations and/or standing ordersmade under this Act;

(35) ‘reconstituted plot’ means a finalplot or land which is in any way altered by adevelopment scheme;

(36) ‘regulation’ means regulations thatare made from time to time by the Authorityto carry out the objects of this Act;

(37) ‘residence’ includes the use of anyland or building or part thereof for humanhabitation, and the expression ‘residentialuse’ shall be construed accordingly;

(38) ‘rule’ means a rule made under thisAct by government and laid before the StateLegislature;


(39) ‘sector’ means a part of capital cityarea taken up for detailed planning andimplementation; (40) ‘standing order’ means a standingorder made under this Act and includeszoning regulations and other regulationsmade as part of the plans prepared underthis Act; (41) ‘transferable development right’means a development right to transfer thepotential of a plot designated for a publicpurpose in a plan, expressed in terms of totalpermissible built space calculated on thebasis of floor space index or floor area ratioallowable for that plot, for utilization by theowner himself or by way of transfer by himto someone else from the present location toa specified area in the plan, as additionalbuilt space over and above the permissiblelimit in lieu of compensation for thesurrender of the concerned plot free form allencumbrances to the Authority; and

(42) ‘zone’ means a part of capital regionor capital city area identified with a specificdominant land use or urban function for thepurpose of securing, promoting andregulating development and for providing theurban services under this Act, and theexpression ‘zoning regulation’ shall beconstrued accordingly.


CHAPTER II

DECLARATION OF CAPITAL REGION,CAPITAL CITY AREA AND

CONSTITUTION OF THE AUTHORITY

3. (1) As soon as, after thecommencement of this Act, the StateGovernment may, by notification in theAndhra Pradesh Gazette declare the ‘AndhraPradesh Capital Region Development Area’as ‘capital region’ consisting of such urbanor rural areas for the purposes of this Actwith effect from such date as may be specifiedtherein.

(2) The notification shall define thelimits of the ‘capital region’ to which it relatesand further as may be required in this behalfmay exclude or include any area from suchnotification issued as may be necessary.

(3) As soon as, after thecommencement of this Act, the StateGovernment may, by notification in theAndhra Pradesh Gazette declare the ‘AndhraPradesh Capital City Area’ as ‘capital city area’within the capital region, consisting of suchurban or rural areas for the purposes of thisAct with effect from such date as may bespecified therein.

(4) The notification shall define thelimits of the ‘capital city area’ to which itrelates and further as may be required inthis behalf may exclude or include any areafrom such notification issued as may benecessary.

Declarationof capital

region andcapital city

area.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 17(5) The existing Gram Panchayats,

Municipalities and Municipal Corporationswithin the capital region shall remainfunctional within their respective jurisdictionsbased on the prevailing rules, made underthe respective laws to the extent notinconsistent with the provisions of this Act,

(6) All the line departments ofGovernment within the capital city area suchas revenue, police, electricity, transport,housing, industries, education, fire, medicaland health, welfare, civil supplies,environment, roads and buildings,registration and stamps, excise, tourism andculture, youth affairs, sports, etc. shall reportto the Commissioner.

(7) The Government may by notificationtransfer any function performed by anydepartment of Government to the Authority.

4. (1) In accordance with the provisions ofthis Act, the State Government shallconstitute a body to be called the ‘AndhraPradesh Capital Region DevelopmentAuthority’, hereinafter called as the‘Authority’ for the capital region notifiedunder section 3, which shall be a bodycorporate by the name aforesaid, havingperpetual succession and a common seal,with power to acquire, hold and dispose ofproperty, both movable and immovable andto contract and by the said name sue and besued.

Constitutionof thecapitalregion

developmentauthority.


(2) The Authority shall consist of —

(a) Chief Minister, Government ofAndhra Pradesh, who shall bethe Chairman;

(b) Minister dealing with thedepartment of MunicipalAdministration and UrbanAffairs, who will be the Vice-Chairman;

(c) Minister dealing with thedepartment of Finance -Member;

(d) Chief Secretary to government- Member;

(e) Secretary to governmentdealing with MunicipalAdministration and UrbanAffairs department - Member;

(f) Secretary to government dealingwith Finance department -Member;

(g) Four secretaries to governmentdealing with departments oftransport, roads and buildings,energy or such otherdepartment as may be deemednecessary by government asmembers;

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 19(h) Commissioner of the Authority,

who shall be Member-Convener;

(i) Four experts, national orinternational, who possessknowledge in urbangovernance, urban planning,conservation, environment andtransport to be appointed bythe State Government; and.

(j) Any other officer or expertwhom Government thinksnecessary as special invitee.

5. The composition and reconstitution ofAuthority resulting due to vacancies/absenceof its members and proceedings shall be asper First Schedule of this Act.

6. (1) There shall be an executive committeeof the Authority consisting of –

(a) Secretary to Government incharge of Municipal Adminis-tration and Urban Affairsdepartment as Chairman;

(b) Secretary to Government incharge of Finance Depart-ment as Member;

(c) Commissioner as Member-Convenor; and

(d) Secretaries to Government orheads of Government Depart-ments as nominated byGovernment not exceeding sixin number.

Executivecommittee.

20 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(2) The executive committee may invite

any heads of departments of Government orexperts as special invitees.

(3) Subject to the generalsuperintendence and control of the Authoritythe management of the affairs of theAuthority shall vest in the executivecommittee.

(4) The Authority shall make regulationsto achieve the object of this Act and standingorders to regulate the procedure to befollowed by the executive committee, and inparticular, the holding of meetings, the noticeto be given of such meetings, the proceedingsthereat, the keeping of minutes and thecustody, production and inspection of suchminutes.

7. Subject to the direction and delegationof the powers by the Authority, ExecutiveCommittee or Commissioner may exerciseany power or do any act or thing which maybe exercised or done by the Authority.

8. (1) The Authority may from time to timeappoint committees consisting of suchmembers as it thinks fit and associate withsuch committee in such manner and for suchperiod as may be prescribed, any person orpersons whose assistance or advice it maydesire and refer to such committees forinquiry and report any subject relating tothe purposes of this Act.

Appointmentof other

committees.


(2) Every committee appointed undersub-section (1) shall conform to anyinstructions that may, from time to time, begiven to it by the Authority and the Authoritymay at any time alter the constitution of anycommittee so appointed or rescind any suchappointment. The Authority shall nominateone of the members as the Chairman of everysuch committee.

(3) The procedure to be followed by thecommittees and all other matters relating tothe committees shall be such as may beprescribed in the standing orders.

9. (1) The Authority shall have a commonseal and such seal may from time to time bechanged and altered as the Authority thinksfit.

(2) All deeds, documents and otherinstruments requiring the seal of theAuthority shall be affixed with the commonseal of the Authority and every instrumentto which the common seal is affixed shall besigned by an officer of the Authority and shallbe countersigned by a member of theAuthority or by some other person dulyauthorised by the Authority for that purpose,and such signing shall be sufficient evidencethat such seal was duly and properly affixed.

(3) The Authority may by resolutionor otherwise in writing appoint an officer ofthe Authority either in general or in a

Commonseal and

executionof

documents.


particular case to execute or sign on behalfof the Authority an agreement or otherinstrument in relation to any matterconcerned to the Authority.

CHAPTER III

FUNCTIONS AND POWERS OF THEAUTHORITY

10. (1) Subject to the provisions of this Act,rules and regulations made thereunder thefunctions of the Authority shall be thefollowing,-(a) Planning:(i) to prepare and revise perspective plan,master plan, development plans and areadevelopment plans inclusive of infrastructureplans in the capital region and morespecifically capital city area by carrying outneeded surveys for achieving spatio-economicdevelopment and social justice;

(ii) to formulate zoning regulations, buildingand energy codes, and any otherdevelopment control norms for the capitalregion and more specifically for capital cityarea so as to ensure compact, transit-oriented, and environmentally sustainabledevelopment;

(iii) to review, revise and approve developmentcontrol norms and rules or standing orders,and all other related and similar normsgoverning the building and development inthe capital region;

Functions ofthe

authority.


(b) Development:(i) to formulate development schemes forimplementing the plans approved by theauthority using funds of the Authority eitherin whole or part;

(ii) to implement development schemes andto cause implementation of such works underthe development schemes or developmentprojects or plans either by itself or jointlywith a developer entity or through any agencyor any local body;

(iii) to approve, co-ordinate and execute alltransportation related interventions in thecapital region so as to promote planneddevelopment of traffic and transportationsystem and transit-oriented development;

(iv) to formulate, monitor and implementaffordable housing policies for economicallyweaker sections and migrants;

(v) to formulate and implement economicdevelopment plans for the overall economicgrowth of the capital region and to create newlivelihood opportunities;

(vi) to prepare or execute or prepare andexecute proposals, plans and projects for,the clearance, development andredevelopment of such land as the Authoritymay think fit for the purpose of resettlingpersons displaced by operations of theAuthority and other resettlement projects orfor any other purpose; the erection,conversion, improvement and extension of


any building for sale, lease, rental or otherpurpose; and the provision and improvementof services and facilities for the promotion ofpublic safety, recreation and welfare, andparking places;

(vii) to raise finance for any developmentproject or scheme and to extend assistanceto the local bodies for the execution of suchproject or scheme;

(viii) to entrust to any local body the work ofexecution of any development plan orscheme.

(c) Regulation:(i) to regulate development activities inaccordance with the development plans andregulations, and to bring aesthetics,efficiency and economy in the process ofdevelopment;

(ii) to approve plans, and manage and controlthe development of land in the capital region;

(iii) to regulate the development of theperiphery area;

(d) Capital city area:(i) to permit or associate with developerentities to undertake development schemesor projects, and monitor project execution andapprove financial resources of such schemesand projects;

(ii) to undertake the creation of city widecommon infrastructure, construction and


maintenance of buildings for the capital cityarea and for other public purposes;

(iii) to undertake and manage the urbanamenities in the capital city area to make itan environment friendly smart city eitherdirectly or through outsourced entities bydelegating powers to collect user charges;

(iv) to formulate and implement policies formaking sustainable arrangements forproviding and maintaining highest standardsin urban civic and utility services in the capitalcity area particularly for cleanliness,aesthetics, health and hygiene;

(v) to provide affordable and efficient urbanservices using technology.

(e) General:

(i) to promote environmentally friendlyinvestments in the capital region;

(ii) to conduct, promote and encourageresearch in matters connected with one ormore of the Authority’s purposes andfunctions;

(iii) to promote creativity among the residentsof the capital region;

(iv) to secure and promote publicity in anyform in capital region or elsewhere of thefunctions and activities of the Authority;

(v) to collect, compile and analyse informationof a statistical nature relating to land,building, construction, land use, recreation

26 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bor such other subject-matter necessary forthe performance of the functions imposedupon the Authority by or under this Act orany other written law, and to publish anddisseminate the results of any suchcompilation and analysis or abstracts of thoseresults;

(vi) to provide advisory and informationservices including on matters relating to landplanning and the development of land in thecapital region to Government;

(vii) to do such other acts and things as maybe entrusted by the Government or as maybe necessary for, or incidental or conduciveto, and matters which are necessary forfurtherance of the objects for which theAuthority is constituted;

(viii) to fast track and address issues such asproject delays, issues related to developmentfund and inter-departmental coordination;

(ix) to make recommendations or submitproposals to the Government or any personor statutory body for the preservation andprotection of any monument and land ofhistoric, traditional, archaeological,architectural or aesthetic interest;

(x) to provide information and advice to andact as agent and consultant for suchGovernment department, person, companyand corporation carrying on or intending tocarry on a building project or scheme orurban redevelopment in capital region orelsewhere as the Authority may think fit;

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 27(xi) to co-ordinate and give directions to theAndhra Pradesh Transmission Corporation,the Southern Power Distribution CompanyLimited, the Andhra Pradesh IndustrialInfrastructure Corporation, the AndhraPradesh State Road Transport Corporation,Roads & Buildings department, HousingCorporation, Housing Board, InfrastructureCorporation of Andhra Pradesh Limited andsuch other bodies/departments of theGovernment to facilitate infrastructuredevelopment in the capital region;

(xii) to acquire, sell, transfer, lease or grantlicences or in any way alienate to use oroccupy such land belonging to the Authorityfor the purposes of the development andredevelopment of the land as the Authoritymay think fit;

(xiii) to acquire, sell, transfer, lease or grantlicenses to use or occupy land or otherproperty as agent for the Government or anystatutory authority when appointed to do so,for the purposes of the development andredevelopment of the land or property or forsuch other purpose as the Government orstatutory authority may specify; and

(xiv) to own and manage such lands,buildings or other property as the Authoritymay think fit.

11. (1) Subject to the provisions of this Actthe Authority may carry on such activities asappear to the Authority to be advantageous,necessary or convenient for it to carry on for

Powers ofthe

authority.


or in connection with the discharge of itsfunctions under this Act and, in particular,the Authority may exercise one or more ofthe powers specified in the Second Schedule.

(2) The Authority may, in addition to thepowers vested in it by sub-section (1), exercisesuch other powers as the Government mayauthorise it in writing.

(3) The Authority shall, when it is exercisingpowers authorised by the Government undersub-section (2), be deemed to be exercisingpowers vested in it by sub-section (1).

(4) This section shall not be construed aslimiting any power of the Authority conferredby or under any other law.

12. Subject to overall superintendence andcontrol of the Authority, the ExecutiveCommittee and Commissioner mayexercise one or more of the powersspecified in the Second Schedule.

13. (1) The Authority may, form or participatein the formation of a company or createSpecial Purpose Vehicles (SPVs) with powersto raise money through equity, for variouspurposes, including but not limited to,design and construction of buildings relatedto capital city area, large infrastructureprojects, provision of utility services, provisionof urban services, design and execution ofsocial infrastructure projects, and landacquisition and augmentation of financial

Powers of theExecutiveCommittee

andCommissioner.


resources. The Authority could participatein such SPVs as an equity or debt holder,and also have specified members of theAuthority as members of the Board of suchSPVs.

(2) The Authority shall have the power toconstitute area level offices as it deems fitand assign responsibilities and functions tosuch offices.

14. The Authority may accept gifts, legaciesor donations and apply them for one or moreof its functions.

15. The Authority may, make an ex-gratiapayment to a person sustaining damage byreason of the exercise of one or more of thepowers vested in the Authority or itsemployees under and by virtue of this Actand maintain records in such manner as maybe prescribed.

16. (1) The Government may, afterconsultation with the Authority or otherwise,give to the Authority such directions, notinconsistent with the provisions of this Act,as it thinks fit, as to the exercise of thefunctions of the Authority under this Act, andthe Authority shall give effect to all suchdirections.

(2) The Authority shall furnish theGovernment with such information orfacilities for obtaining information withrespect to its property and the exercise of its

Gifts.

Ex-gratiapayments.

Powers ofGovernmentin relation to

Authority.

30 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bfunctions in such manner and at such timesas the Government may reasonably require.

17. (1) Subject to the provision of sub-section(2) the Authority may by resolutiondirect that any power exercisable by it underthe Act or rules or standing orders madethereunder may also be exercised by theExecutive Committee or the Commissioneror Local body or officer of the Government,in such cases and subject to such conditions,if any, as may be specified therein.

(2) The Government may bynotification, direct that any powerexercisable by the Authority under the Act,except the power to make rules or standingorders, may be exercised by the ExecutiveCommittee or the Commissioner or any Localbody or officer of the Government, in suchcases and subject to such conditions, if any,as may be specified therein.

18. (1) The Government, after consultationwith the Authority, may by notification makerules to carry out the functions of theAuthority and to carry out the purposes ofthe Act:

Provided that consultation with theAuthority shall not be necessary on the firstoccasion of the making of rules under thissection:

Provided further that the Governmentshall take into consideration of anysuggestions which the Authority may make

Powers ofdelegation.

Power tomake rules.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 31in relation to the amendment of such rulesafter they are made.

(2) In particular and without prejudice to thegenerality of the foregoing powers, such rulesmay provide for all or any of the followingmatters, namely,-

(a) the control and management of landsand buildings acquired by, vested in orbelonging to, the Authority;

(b) the use and enjoyment of those lands,buildings and other property;

(c) the prevention of trespass upon or onany of those lands and buildings and theremoval of trespassers or other personscausing annoyance or inconvenience uponor in those lands and buildings;

(d) the procedure to be followed inconnection with the preparation, publication,submission and approval of the plansprepared under the Act, and the manner ofthe publication of the notice invitingobjections and suggestions relating to anysuch plan;(e) the form, manner and procedure formodifications to the plans prepared underthe Act, the payment of fees and rates ofconversion charges for such modifications;

(f) the procedure for permitting orundertaking Land Pooling Scheme, TownPlanning Scheme, Layout developments andtheir requirements, and developmentspecifications and conditions;

32 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(g) the form and manner of TransferableDevelopment Rights the Authority may takeup with owners;

(h) the procedure for assessment, levy andcollection of impact fee, cess, developmentcharges, urban infrastructure fee andcalculation and assessment for the land andbuildings;

(i) the terms of office of members and staff,their allowances and other conditions ofservice, summoning and holding of meetings,the conduct of business, powers andfunctions of the Chairman, Vice-Chairmanand Commissioner;

(j) the functioning and conduct of meetingsand any other matters relating to the powersand functions of the Authority and ExecutiveCommittee; and(k) any other matter which has to be or maybe made by rules.

(3) The Government may, in making anyrules under this section, provide that acontravention of or failure to comply with therules shall be an offence and penalize inrespect of such offence a fine not exceedingthe sum of rupees one lakh or imprisonmentfor a term not exceeding three months orboth and, in the case of a continuing offence,a further fine not exceeding rupees twothousand and five hundred for every day orpart thereof during which such offence


continues after conviction in the court ofJudicial First Class Magistrate.

(4) Every rule made under the Act shallimmediately after it is made, be laid beforethe State Legislature if it is in session, and ifit is not in session, in the sessionimmediately following for a total period offourteen days which may be comprised inone session or in two successive sessions,and if, before the expiration of the sessionin which it is so laid or the sessionimmediately following, the Legislature agreein making any modifications in the rule orin the annulment of the rule, the rule shall,with effect from the date of notification ofsuch modification of annulment in theAndhra Pradesh Gazette is notified have effectonly in such modified form or shall standannulled, as the case may be, so however,that any such modification or annulmentshall be without prejudice to the validity ofanything previously done under that rule.

19. (1) The Authority may by notification,make regulations, and also issue standingorders consistent with this Act and Rules tocarry out the provisions of this Act.

(2) In particular and without prejudice to thegenerality of the power conferred in sub-section (1) such regulations, with the approval

Power tomake

regulations/standingorders.

34 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bof Government, may provide for all or any ofthe following:

(a) the procedure to be followed formobilizing resources such as borrowing,loans, debentures and bonds and theirrepayment; and

(b) any other matter which is required tobe provided by regulations.

(3) Further, in particular and withoutprejudice to the generality of the powerconferred in sub-section (1) such standingorders may provide for all or any of thefollowing:-

(a) the plan programs of the Authority,stages of implementation of the developmentplans;

(b) form and manner for taking over landsby the Authority under negotiated settlement;

(c) the form, manner and procedure for theapplication for development permission, thepayment of fees, rates of user charges, formof ownership clearance and fees payable, andconditions to be complied with by theapplicant and the Local body whileconsidering the building permissions basedon the development permission given by theAuthority;

(d) the form and manner of sanctioning ofthe building permissions by the Local bodyand conditions to be adhered to, andresponsibilities of Local body there to;


(e) the form and manner of conditionalityof undertaking road development schemes bythe Authority or Local body or StateGovernment agency concerned; the methodof entering into contracts by or on behalf ofthe Authority;

(f) the delegation of powers to officers of theAuthority;

(g) the opening, keeping, closing andinternal audit of accounts of the Authority;

(h) loans and allowances to officers of theAuthority;

(i) housing accommodation for officers ofthe Authority;

(j) the professional and technical trainingof officers of the Authority;

(k) the job charts, duties and responsibilitiesof various positions in the Authority alongwith skills, experience and qualificationsrequired to hold them;

(l) the method of entering into contractwhile hiring staff from the market or deputingstaff from any government or any governmentorganisations,

(m) terms of entry, conditions of service,salaries and allowances, termination, powers


and functions of the members, officers andstaff;

(n) the form and conditions of licensing thedeveloper entity, builder, architect, surveyor,town planner, structural engineer, engineerand other technical personnel;

(o) the form and content of mortgage deedand other conditions of surety to be compliedby licensed developer and licensed technicalpersonnel;

(p) the form and manner of preparation ofAnnual Plans and Budget, and Annualreports of the Authority; and

(q) any other matter which is required tobe provided by standing orders.

20. The Commissioner may authorize anyperson to enter into or upon any land orbuilding with or without the assistance ofworkmen for the purpose of;—

(1) making any enquiry, inspection,measurement or survey or taking levels ofsuch land or building;

(2) examining works under constructionand ascertaining the course of public utilitiesand drains or any aspect of public safety;

(3) digging or boring into the sub-soil;

(4) setting out boundaries and demarcationof intended alignment of roads, publicutilities and other works;

Power ofentry andpower to

demarcateand survey.


(5) making such levels, boundaries,demarcations and lines by placing marks andcutting trenches;

(6) ascertaining whether any land orproperty is being affected in any developmentplan or development scheme or road or publicutility alignment;

(7) grounding of new alignment of roads orroad widening or alignment of existing or newcommunication network / electric lines;

(8) ascertaining whether any land orproperty is being or has been developed inaccordance with the development permissionor in contravention of the provisions of theAct, or conditions subject to which thedevelopment permission has been issued arebeing or have been complied with or not;

(9) doing any other thing necessary for theimplementation of any development plan ordevelopment scheme or other provisions forthe efficient implementation of the Act:

Provided that,—

(a) no such entry shall be made exceptbetween the hours of 6 A.M. and 6 P.M.;

(b) the development rights of the owner ofthe land would not be affected by such actionsor by grounding of the said network;

(c) due regard shall always be had so far asmay be possible with the exigencies of thepurpose for which the entry is made, to thesocial and religious usages of the occupants

38 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bof the land or building or property enteredor surveyed or demarcated;

(d) sufficient opportunity shall in everyinstance be given to enable women, if any,to withdraw from such land or building orproperty.

CHAPTER IV

PROVISIONS RELATING TO STAFF

21. (1) The government shall appoint aCommissioner as the Chief Executive of theAuthority who has had the experience ofworking as a District Collector in the State.(2) The Commissioner shall be responsibleto the Authority for the properadministration and management of thefunctions and affairs of the Authority inaccordance with the policy laid down bythe Authority.

22. (1) The Authority may,-

(a) sanction and appoint heads for thedepartments such as Planning,Transportation and Engineering, Financeand Accounts, Housing and Environment,Economic Development and InvestmentPromotion, Administration and HumanResources, Vigilance, Revenue, PublicHealth or such other heads known bywhatever name as are necessary to workunder the overall control and direction of theCommissioner. The Commissioner and

ChiefExecutive of

theAuthority.

Appointmentof staff.


heads shall be entitled to receive from thefunds of the Authority such remunerationand shall be governed by such conditions ofservice, as may be determined by standingorders made in this behalf.

(b) sanction and recruit such number ofpersonnel on such terms as to remunerationor otherwise as the Authority may determine;and

(c) engage and remunerate for their servicessuch persons or agents as the Authorityconsiders necessary for carrying out itsfunctions.

Explanation:- For the removal of doubts, itis hereby declared that the Authority,-

(i) may engage such heads or other officersand employees including the professionalservice providers and team of experts as maybe necessary for the efficient performance ofits functions and guide the Authority inimplementation of the Act and maydetermine their designations, grades, scalesof pay and allowances;

(ii) may utilize the services of the employeesin the Government Services for various cadresin the Authority;

(iii) shall have the power to engage officialsof various cadres on deputation from the State


and Central Government departments orPublic Sector units;

(iv) may engage external consultants,advisors, and experts as considerednecessary, at such rates and with such worksto be assigned and determined by theAuthority;

(v) shall have the power to hire the servicesof private agencies and engage people withexpertise so as to meet any deficiencies inprofessional expertise required for theexecution of its responsibilities;

(vi) may identify, engage, surrender, remove,re-appoint and appraise the performance ofheads of departments, officers and otheremployees as provided by standing orders.

(2) The appointment, promotion, terminationof appointment, dismissal and disciplinarycontrol of the persons employed by theAuthority shall be vested in theCommissioner and standing orders in thisregard along with terms and conditions ofservice shall be made by the Authority.

23. No matter or thing done and no contractof any kind entered into by the Authorityand no matter or thing done by a member oremployee of the Authority or by any otherperson whomsoever acting under the

Protection ofActs done ingood faith.


direction of the Authority shall, if the matteror thing was done or the contract was enteredinto bona-fide for the purpose of executingthe provisions of this Act, subject suchmember, employee or person acting underthe direction of the Authority personally toany action, liability, claim or demandwhatsoever in respect thereof.

24. All members of the Authority, officersand servants of the Authority, the Tribunaland all other persons entrusted with theexecution of any function under the Act,shall be deemed when acting or purportingto act in pursuance of any of the provisionsof the Act or the rules or standing ordersmade thereunder, to be public servantswithin the meaning of section 21 of the IndianPenal Code, 1860.

CHAPTER V

FINANCIAL PROVISIONS

25. (1) For the purpose of enabling theAuthority to carry out its objects within thecapital region and to defray expenditure,including defraying initial expenses, and forthe provision of working capital, a fund bythe name ‘development fund’ with a seedcapital of Rs.1000 crore( Rupees OneThousand Crores) shall be created for thepurpose of administering the Act.

Members,Officers andServants of

the Authorityand Tribunalto be publicservants.

Central ActXLV of 1860.

Developmentfund andrevolving

fund.


(2) The Authority shall have the power tomaintain and manage the Development Fundand allocate finances based on the plans andprogrammes of the functional departmentsor line agencies for undertaking developmentof amenities and infrastructure facilities andto monitor and exercise financial control overthe budgetary allocations concerningdevelopment works made through it to thevarious public agencies, line agencies andother agencies;

3) The Authority shall manage and operatethe development fund to which shall becredited:

(a) all moneys received from the CentralGovernment and the State Government byway of revolving fund, grants, loans, advancesor otherwise;

(b) all moneys borrowed by the Authority byway of loans or debentures;

(c) all moneys received by the Authority fromthe disposal of lands, buildings and otherproperties, movable and immovable;

(d) sum of money received from projectsimplemented under development schemes;

(e) all moneys earned from remunerativeprojects and schemes by way of rent orotherwise, and disposal of its assets;

(f) sum of money received by way of usercharges;

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 43(g) all development charges or other charges,fees received under the Act or rules orstanding orders made there under;

(h) all monies received from financialinstitution or other agencies in the form ofequity; and

(i) any other sum of money received by theAuthority from any other sources, includingconstituent local bodies, for performing itsfunctions.

(4) The Authority may accept grants,subventions, donations, and gifts from theCentral or State Government or local bodyor any individual or body whetherincorporated or not, for all or any of thepurposes of the Act on such terms andconditions as mutually agreed upon.

(5) The Development Fund shall be appliedtowards meeting,-

(a) the expenditure incurred in theadministration of the Act;

(b) the cost of acquisition of land for thepurposes of the Act;

(c) expenditure for any development of landfor ensuring planned development in thecapital region;

(d) any expenses incurred by the Authorityin connection with preparation of perspectiveplan, master plans, area development plans,and infrastructure plan or any other plans,

44 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bundertaking surveys, studies, and executionof projects and schemes;

(e) the maintenance of sinking fund andother separate accounts required under theAct;

(f) the construction of buildings, developmentof infrastructure and provision of amenitiesand such other public purposes as requiredfor the capital city area development.

(6) The development fund shall be ring-fenced to ensure that it can only be used forthe purposes specified under the Act and alsofor the purposes of infrastructure in thecapital region. Utilization of funds for anyother purposes other than the specifiedunder the Act shall be exercised only afterplacing the proposals before the Authorityby the Commissioner and after approval bythe Authority.

(7) The development fund shall be governedby the following principles, namely,-

(a) Head of Finance of the Authority shall beresponsible for administering thedevelopment fund and should be responsiblefor its administration, management andmonitoring;

(b) The development fund shall be auditedannually by reputed professional audit firms;

(c) The development fund shall be managedusing professional fund managementpractices including treasury, cash


management and investment portfoliomanagement;

(d) All returns generated via investmentsmade using development fund shall accrueback to the development fund;

(e) The Head of Finance shall prepare andsubmit annual investment plans (along withthe budget) outlining investment andfunding strategy for the year.

(8) In accordance with the provisions of thisAct a Revolving Fund shall be created for theAuthority with a fund of Rs.250 crores(Rupees Two Hundred and Fifty Crores) forthe purpose of performing its functions underthe Act and for undertaking development ofamenities and infrastructure facilities in thecapital region.

26. (1) The Authority shall have the powerto collect such fees, charges, user charges,cesses, arrears or such other revenues asprescribed.

Explanation:- For removal of doubts, it ishereby declared that the Authority may,-

(a) levy and collect such fees for the executionof works arising out of the development plansand for provision of other services andamenities;

(b) to levy and collect such scrutiny fees forscrutiny of documents submitted to theAuthority for permission for development;

Powers oftaxation.


(c) to levy and collect the developmentcharges;

(d) to levy and collect the user charges forvarious services delivered in the developmentarea; and

(e) to levy and collect impact fee, urbaninfrastructure fee, cess or any other feeincidental to mobilise funds and otherincidental expenses.

27. The Authority may, sell any developedland or part thereof.

28. (1) The Authority may, from time to time,for the purposes of this Act, raise loans fromthe Government or, mobilise resources fromany other source, either by creation andissue of debentures, bonds, or otherwise.

(2) The Authority shall pay interest on suchloans at such rates and at such times, andshall make such provision for the mode andtime or times of repayment of principal.

(3) The Authority may, from time to timeborrow by way of a temporary loan oroverdraft from a bank or otherwise, any sumwhich it may temporarily require,—

(a) for the purpose of defraying expensespending the receipt of revenues receivableby it in respect of the period of account inwhich those expenses are chargeable; or

(b) for the purpose of defraying, pending thereceipt of money due in respect of a loan

Mobilisingfinancialresources.

Sellingpowers.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 47authorised to be raised under sub-section(1), expenses intended to be defrayed bysuch loan.(4) Loans, debentures and bonds issuedunder this section may be guaranteed by theGovernment as to the repayment of theprincipal and the payment of interest at suchrate as may be agreed upon.

Explanation:- For removal of doubts, it ishereby declared that the Authority may raisefinance for any project or scheme for thedevelopment of the capital region and extendassistance to the local bodies in the regionfor the execution of such project or scheme;

(5) All loans raised by the Authority underthis section, together with all interest andother sums payable in respect thereof, shallbe charged indifferently upon all therevenues of the Authority and shall rankequally with one another, with priority overany other charge on the revenues of theAuthority.

(6) The Authority shall maintain a sinkingfund for the repayment of loans and moneysborrowed and shall pay every year into thesinking fund such sum as may be requiredunder the borrowing contract and sufficientfor repayment within the period fixed for allmoneys so borrowed.

48 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B29. As a consequence of the vesting of anyproperty, rights or liabilities of theGovernment in the Authority under this Act,or of any capital injection or other investmentby the Government in the Authority inaccordance with any written law, theAuthority may issue such securities or othersecurities to the Government as mutuallyagreed.

30. (1) The Authority shall every year causeto be prepared and shall adopt annualestimates of income and expenditure of theAuthority for the ensuing year.

(2) Supplementary estimates may be adoptedby the Authority at any of its meetings.

(3) A copy of all annual and supplementaryestimates shall, upon their adoption by theAuthority, be sent forthwith to theGovernment.

(4) The Authority may transfer all moneys orpart thereof assigned to one item ofexpenditure to another under the same headof expenditure in supplementary estimates.

(5) A summary of the annual estimates andsupplementary estimates adopted by theAuthority shall be published in the officialGazette.

Issue ofSecurities,

etc.

Annualestimates.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 4931. (1) The Authority shall prepare for everyyear, and annual plan, and further shall assoon as practicable after the end of eachfinancial year but not later than 30 th

September in each year furnish to theGovernment a report of its functions duringthe preceding year.(2)The Government shall cause a copy ofevery such report to be presented to StateLegislature.

32. The Authority may invest its funds inaccordance with the standard investmentpower of statutory bodies as defined underlaw.

33. The Government may, after consultationwith the Authority, give directions to theAuthority as to the manner in which itsrevenues shall be applied.

34. (1) The Authority shall constitute for thebenefit of its whole time paid members,officers and other employees in such mannerand subject to such conditions, as may beprescribed, such contributory pension andprovident fund as it may deem fit.

(2) Where any such contributory pension orprovident fund has been constituted, theGovernment may declare that the provisionsof the Provident Fund Act, 1925, shall applyto such fund as if it were a GovernmentProvident Fund.

Annual planand report.

Power ofinvestment.

Applicationof revenuesof Authority.

Pension andProvident

Fund.

Central ActNo. 19 of

1925

50 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B35. (1) The Commissioner shall have powerto administratively sanction works andinvestment plans including tender approvalscosting up to rupees ten crore, the executivecommittee up to rupees hundred crores andAuthority for works beyond rupees hundredcrores. Such limits may be modified by theAuthority at any time through standingorders.

(2) The financial provisions set out in theThird Schedule shall have effect with respectto the Authority.

CHAPTER VIUNIFIED TRANSPORT AUTHORITY

36. (1) In accordance with the provisions ofthis Act, a body to be called the ‘AndhraPradesh Capital Region Unified TransportAuthority’ shall be constituted, herein aftercalled as the ‘unified transport authority’ forthe capital region notified under section 3,which shall be a body corporate by the nameaforesaid, having perpetual succession anda common seal.(2) The unified transport authority for the‘capital region’ shall consist of,-(a) Chief Secretary to Government –Chairman;

(b) Secretaries to Government incharge ofMunicipal Administration and Urban Affairs,and Finance as Members;

(c) Commissioner - Member Convenor; and

Otherfinancial

provisions.

Constitutionof UnifiedTransportAuthority.


(d) 10 members of whom at least half areheads of departments of Government orsecretaries to Government connected withtransportation and the remaining are experts.

(3) The term of the members nominatedunder clause (d) of sub-section (2) shall holdoffice as may be prescribed by theGovernment.

(4) The Government may, by notification, omitany member of the Unified TransportAuthority.

(5) The Unified Transport Authorityconstituted under sub-section (1) shallensure effective implementation and co-ordination of the various traffic andtransportation measures under taken by thefunctional departments and public agenciesin the capital region and more specificallycapital city area.

(6) The Unified Transport Authority may co-opt any expert for dealing with specific trafficand transportation issues;

(7) The Unified Transport Authority mayconstitute sub-groups for specific traffic andtransportation issues of the capital region.

37. (1) The powers and functions of theUnified Transport Authority shall be,-

(a) to assist the Authority with co-ordinationand support so as to ensure the effective

Powers andfunctions ofthe unifiedtransportauthority.

52 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bimplementation of its transportation plans,proposals, projects and policies that seek toenforce the Transportation Plan of the capitalregion;

(b) to oversee implementation of various trafficand transportation measures undertaken byvarious agencies in the capital region;

(c) to ensure that effective public transportsystems are in place for the capital region;

(d) to ensure effective co-ordination andimplementation of the various traffic andtransportation measures undertaken byvarious departments;

(e) to promote and monitor key or major trafficand transportation projects;

(f) to recommend effective transportationstrategies for the capital region;

(g) to integrate and consolidate all the actionplans of various departments and agenciesand ensure implementation of the co-ordinated and integrated traffic andtransportation plans for the capital region;

(h) to give directions to different agenciesinvolved in the implementation of traffic andtransportation policies and measures,including shifting of utilities and services oramenities;

(i) integrating various routes of publictransport and issues of combined ticketing,feeder services, etc; as suggested by theAuthority;

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 53(j) to expedite financial proposals pendingwith the Government related totransportation projects in the Capital region;

(k) to direct the appropriation or subventionof funds from various departments andagencies of the Government for ensuringimplementation of the traffic andtransportation plans and measures in thecapital region.

(2) The recommendations or instructions ofthe Unified Transport Authority shall bebinding on all the concerned departments.

(3) The Unified Transport Authority shall holdthe meetings at least once in each quarter ofa financial year.

(4) The technical support staff and secretarialassistance to the Unified Transport Authorityshall be provided by the Authority.

(5) The Unified Transport Authority shallbuild a detailed data base and carry outnecessary traffic and transportation surveysto update its data base and also make itavailable for various studies and to thepublic.

Explanation: The data base would help inmonitoring and understanding the varioustraffic and transportation needs in the capitalregion.

(6) The Unified Transport Authority shall actas a centre for technology transfer and also

54 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bguide the other agencies for all theirtechnical inputs or plans in the field of trafficand transportation.

(7) An escrow account shall be maintainedin the Unified Transport Authority in whichtwo percent of estimated cost of all projectsof traffic and transportation undertaken byvarious departments or functional agenciesshall be deposited. This amount shall beutilized for research, studies and capacitybuilding in the field of traffic andtransportation apart from meeting theadministrative expenses of the UnifiedTransport Authority.

(8) The Unified Transport Authority shall begoverned by such rules and regulations asshall be made in this regard.

CHAPTER VII

PLANNING PROCESS

38. Subject to the provisions of the Act,the Authority shall,-

(1) Within one year of its constitution orwithin such time as the Authority mayextend, prepare a perspective plan for thecapital region and more specifically capitalcity area incorporating the infrastructureplan in the manner prescribed by standingorders.

Preparationof

developmentplans for the

capitalregion.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 55(2) Within two years of its constitution orwithin such time as the Authority mayextend, prepare a concept master plan forthe capital region, and detailed master plansfor the capital city area and such other areasas are deemed necessary along with theinfrastructure plans in the manner prescribedby standing orders. In particular, the plansshall provide proposals and policies, so far asmay be necessary, for all or any of thefollowing matters, namely,-

(a) for designating the use of the land forresidential, industrial, commercial,agricultural and recreational purposes;

(b) for the reservation of land for publicpurposes, such as schools, colleges, and othereducational institutions, medical and publichealth institutions, markets, social welfareand cultural institutions, theatres and placesfor public entertainment, public assembly,museums, art galleries, religious buildings,play-grounds, stadium, open spaces, dairiesand for such other purposes as may, fromtime to time, be specified by the Authority;

(c) for designation of areas for zoologicalgardens, green belts, natural reserves andsanctuaries;

(d) for transport and communications,showing ring/radial/grid roads connecting all


settlements, metro/mono rail, bus rapidtransit routes, highways, parkways, railways,waterways, canals and airport, includingtheir extension and development, traffic andtransportation, transit orienteddevelopments, and mass transportationfacilities;

(e) for water supply, storm water drainage,sewage disposal, other public utilityamenities and services including supply ofelectricity and gas;

(f) for reservation of land for communityfacilities and services;

(g) for designation of sites for serviceindustries, industrial estates and any otherindustrial development on an extensive scale;

(h) for preservation, conservation anddevelopment of areas of natural scenery andlandscape enhancing greenery, urbanlandscape implementation in capital regionand individual plots, riverfront developmentand/or lake or water front development;

(i) for water conservation, watershedmanagement, water harvesting, recharge ofground water, flood control, and preventionof air, water and river pollution;


(j) for preservation of features, structuresor places of historical, natural, architecturalor scientific interest and of educational value;

(k) proposals and policies for promotinghousing and community facilities for allsections of society;

(l) for promoting urban design and built formwith aesthetics and architectural control forover all development and individual plots;

(m) for the reservation of land for the purposeof Union, any State, local body or any otherauthority or body established by or underany law for the time being in force;

(n) for the filling up or reclamation of lowlying, swampy or unhealthy areas or levellingup of land;

(o) provision for controlling and regulatingthe use and development of land within thedevelopment area, including imposition ofconditions and restrictions in regard to theopen space to be maintained for buildings,the percentage of building area for a plot,maximum floor space index, the locations,number, size, height, number of stories andcharacter of buildings and density of builtup area allowed in specified area, the useand purposes to which a building or specified


areas of land may or may not beappropriated, the sub-divisions of plots, thediscontinuance of objectionable uses of landin any area in any specified periods, parkingspaces, loading and unloading space for anybuilding and the sizes of projections andadvertisement signs and hoardings andother matters as may be considerednecessary for carrying out the objects of thisAct;

(p) provisions for preventing or removingpollution of water or air caused by thedischarge of waste or other means as a resultof the use of land;

(q) such other proposals for public or otherpurposes as may from time to time beapproved by the Authority or as may bedirected by the State Government in thisbehalf.

(3) Undertake detailed area developmentplans for the capital city area as well as forthe rest of the capital region covering all thematters at sub-section (2), and enforcedevelopment regulations in those areas forthe purpose of securing planneddevelopment.

(4) Undertake surveys and studies in thecapital region, create and maintain the database and information system required for


collection and/or use of such information,and prepare reports, projects, plans andmaps; and associate advisors, consultants asmay be necessary for such purposes.

(5) Review and revise the perspective plan,the master plans, area development plans,or any other plans.

(6) After the coming into operation of an areadevelopment plan, the approved perspectiveplan of the same area shall stand modifiedor altered to the extent the proposals in thedevelopment plan are at variance with theperspective plan.

39. (1) After preparing a plan under section38, the Authority shall notify the same insuch form and manner as may be prescribedalong with a notice in the prescribed manner,inviting objections or suggestions from anyperson or body giving a time period of thirtydays.

(2) A development plan shall show indistinguishing prescribed colours the areaor sites and the uses to which they areproposed to be put, and cover the followingdetails, namely,-

(a) a statement indicating broadly the usesto which lands in the area covered by theplan are proposed to be put and any surveycarried out for the preparation of the draftdevelopment plan;

Process ofapproval of

plans.


(b) maps, charts and statements explainingthe provisions of the draft development plan;

(c) the draft regulations for enforcing theprovisions of the draft development plan;

(d) procedure explaining the manner inwhich permission for developing any landmay be obtained from the Authority; and

(e) a statement of the stage of developmentby which it is proposed to meet any obligationimposed on the Authority by the draftdevelopment plan:

Provided that any of the aforementioneditems may be modified by the Authority.

(3) After considering all objections,suggestions and representations that mayhave been received in writing or throughelectronic mail, the Authority may makemodifications or revision to the plans in suchmanner as it thinks fit, and sanction withdraft policies, development promotionregulations and reports.

(4) When the modifications in the draft planare of an extensive or of a substantial nature,the said Authority shall publish themodifications in the Official Gazette alongwith a notice in the prescribed mannerinviting suggestions or objections from anyperson with respect to the proposedmodifications within a period of thirty days

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 61from the date of publication of such noticeand thereupon, the provisions of sub-section(1) shall apply in relation to such suggestionsor objections.

(5) The Authority shall within thirty dayssanction the said plans with or withoutmodifications.

(6) The sanction accorded by the Authorityshall be notified in the official Gazette andthe plans shall come into force from the dateof publication.

40. (1) Subject to overall conformity with theperspective plan, master plan, andinfrastructure plan, the Authority or therespective Local bodies under the guidanceof the Authority, may undertake thepreparation of area development plans for anyof the provisions as stated at sub-section (2)of section 38 with a time span of five to tenyears.

(2) The Local body shall submit the said areadevelopment plans prepared for itsjurisdiction, after calling for objections,suggestions and representations, along withthe resolution of the local body to theAuthority for approval.

(3) The sanction accorded by the Authorityshall be notified in the Official Gazette andthe plans shall come into force from the dateof publication.

Power toundertakepreparation

of areadevelopment

Plans.

62 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B41. (1) The Authority may, on a referencefrom the Local body concerned, make suchmodifications to the sanctioned perspectiveplan, master plan and infrastructure plan,or area development plan as it thinks fit andwhich in its opinion are necessary.

(2) The Commissioner or the Chief Executiveof the Local body, as the case may be, shallprepare a report together with the plan andfull particulars of any such modification.

(3) Before making any modifications to thedevelopment plans, the Authority, shallpublish a notice inviting objections orsuggestions from the public giving a timeperiod of fifteen days from the date ofpublication of the notice and shall hear allobjections and suggestions.

(4) After due consideration of the objectionsand suggestions received, the finalmodification made under the provisions ofthis section shall be published in the AndhraPradesh Gazette, and the final modificationsshall come into operation from the date ofpublication of such notification.

(5) The Authority shall levy such fees andcharges including development charges andconversion charges as applicable and as maybe prescribed in any such modificationeffected to the sanctioned development planfrom the land owners at whose instance themodifications are effected or who will havethe advantage due to such modifications.These charges shall take into account the

Modificationto the

sanctioneddevelopment

plans.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 63benefits that would accrue to the land ownersfrom the change and shall seek to capturesome share of the increased land value.

42. (1) The plans sanctioned under section38, shall be binding on all the local bodies,all organizations and the residents in thecapital region.

(2) The guidelines, policies, specifications andtargets regarding affordable housing asproposed in the said sanctioned plans shallbe implemented by the local bodies withinthe capital region.

(3) The Local bodies shall be responsible forthe implementation of the sanctioned plansin the development area under the overallcontrol of the Commissioner.

CHAPTER VIII

DEVELOPMENT SCHEMES

43. (1) Subject to the provisions of this Actor any other law for the time being in force,the Authority may, within its jurisdiction, orany part thereof, for the purpose of achievingplanned development and for providingbetter infrastructural facilities byimplementing the proposals as envisaged inthe plans sanctioned under section 38 onits own or authorize any other body or anydeveloper entity to prepare and implement

Enforcementof the

sanctionedplans.

Developmentscheme.

64 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bone or more development schemes inconformity with such plans:Provided that the scheme is contiguous andapproachable by a public road.

(2) Land uses earmarked in the planssanctioned under section 38 as peri-urbanuse, conservation use, agricultural use, orany other non-conflicting uses as maydecided by the Authority shall automaticallystand converted to uses proposed under thedevelopment scheme:

Provided that land uses earmarked as bio-conservation use, water bodies, buffer zone,forest use and all other such prohibited usesas may be decided by the Authority includingroads and utilities sanctioned in plans undersection 38 are prohibited from automaticchange of land use or modification:

Provided further that, the marginalrealignment of road network proposed in thesanctioned plans under section 38 may beconsidered by the Authority, if the saidrealignment is within the scheme area andis essential in the overall interest of thedevelopment of the area and does not in anymanner contradict the development plans.

(3) The Authority/Commissioner, as andwhen required, may by notification inviteapplications from any developer entity toundertake a development schemeindependently or jointly with the Authority

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 65as specified in accordance with the provisionsof this Act, as per the terms and conditionsspecified in the notification and as per theconditions stipulated by the Authority whileaccording sanction for the developmentscheme.

(4) The types of development schemes shallbe,-(a) Land Pooling Scheme;(b) Town Planning Scheme; and(c) Any other special development scheme asprescribed.

(5) Notwithstanding anything containedunder this Act, the Government may, aftermaking such inquiry as it deems necessary,by notification, require the Authority to makedevelopment scheme in respect of any areawithin the capital region which conforms tothe provisions of this Act.

(6) For the purposes of the provisions of theAct, the requisition made by the Governmentthrough a notification shall be deemed to bethe declaration of intention to make a scheme.

44. The development scheme may makeprovisions for any of the following matters,namely,—

(1) the laying out or relaying out of land,either vacant or already built upon;

(2) lands likely to be used for construction ofbuildings for residential or commercial or

Provisions ofthe

developmentscheme.


industrial or for other purposes including forthe sectors of capital city area;

(3) layout of new streets or roads,construction, diversion, extension,alternation, improvement of streets andcommunication network;

(4) the allotment of land for roads, spaces forpublic purposes like open spaces, gardens,recreation grounds, schools, markets, greenbelt, transport facilities, utilities andamenities of all kinds;

(5) drainage inclusive of sewerage, surface orsub-soil drainage and sewage disposal;

(6) lighting;

(7) water supply;

(8) trunk and other infrastructure requiredto service the infrastructure within thedevelopment area;

(9) preservation, conservation and protectionof all heritage related objects and also waterbodies;

(10) The preservation of objects of historicalor national interest or natural beauty; and

(11) Such other provisions as prescribed bythe Authority.

45. (1) The development scheme shallcontain the following particulars, namely,-

(a) survey numbers as in diglot or re-surveyregister or fair adangal, survey numbers as

Content ofthe

developmentscheme.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 67in record of rights and adangal, sub-divisionsketch from field measurement book of theoriginal survey number as well as sub-dividedsurvey number, revenue village, extent ofland;

(b) details of ownership of all parcels ofland;

(c) preparation of the scheme incorporatingdetails such as roads, amenity areas, landuse and such other items in accordance withthe sanctioned plans under section 38;

(d) the land use break-up of the scheme;

(e) the re-constituted plots which would bere-allotted to the land owners;

(f) method of re-allotment or registration;

(g) original location of the land and locationof the developed land;

(h) the plots / lands to be allotted to theAuthority or developer entity in lieu of thecost of development towards the preparation,sanction, provision of infrastructure andamenities and implementation of thescheme;

(i) the plots / land to be allotted to theAuthority in lieu of the cost of developmenttowards provision of infrastructure andamenities and other costs and expenses tobe incurred for the scheme and externaltrunk infrastructure;

(j) type of the development entitled for eachof the plot / land based on the use of the

68 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bdevelopment including the sectors of capitalcity area in accordance with ;

(k) line estimates for development of thescheme [Level and cost of infrastructure shallbe as per the prescribed standards];

(l) the area proposed for various purposesas prescribed;

(m) any other particulars as may beprescribed.

46. (1) The Authority or the developer entitywhoever undertakes the development schemeshall provide the following infrastructure andamenities in the area of developmentscheme:-

(a) road development;

(b) electric lines and street lighting locatedin exclusive strips of land;

(c) water supply;

(d) sewerage works – distribution networkand sewerage treatment facility;

(e) storm water drainage network;

(f) rain water harvesting;

(g) telecommunication lines located inexclusive strips of land over ground or inducts under the surface; and

(h) development of open spaces for parks,play grounds and avenue plantation withoutobstructing pedestrian ways or roads;

Infrastructureand

amenities tobe provided.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 69(2) The responsibility of providinginfrastructure within the reconstituted plotsshall lie with the owner.

47. The cost of the scheme shall include,-

(1) all sums payable to the Authority underthe provisions of this Act;

(2) all sums spent or estimated to be spentto undertake the scheme includingproportionate external and full internalinfrastructure cost or betterment charges;-

(a) in the making of the scheme;

(b) in the execution of the scheme;

(c) in the execution of such part of theperipheral and bulk services as may beconsidered necessary.

(3) all sums payable to any other agency orGovernment under the provisions of any otherrelevant Acts;

(4) administrative and legal expensesincluding risk reserves based on the futurelitigations;

(5) the cost of publication charges in thenewspapers pertaining to the scheme;

(6) registration charges, if any.

48. (1) The title of the land owners coveredunder the development scheme shall beverified with reference to the revenue records,registration documents and other relevant

Cost of thescheme.

Reconstitutionof plots.

70 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Brecords of ownership of land by theCompetent Authority and an order issuedunder his seal and signature confirming theacceptance or otherwise of the land for thedevelopment scheme.

(2) In the development scheme, the size andshape of every plot shall be determined, sofar as may be, to render it suitable fordevelopment and complying with theprovisions of the scheme.

(3) The development scheme may be preparedin sectors with details of the name, numberof the plots, roads and the reconstituted plotswith numbering which shall be allotted inthe area of the development scheme to theowners in accordance with the eligibility asprescribed.

(4) The Authority may earmark the landallotted to it in a single separate sector or ina group of sectors for specific purposes, andthe reconstituted plot / land may be allottedto the land owners in a single separate sectoror group of sectors for the purposes specifiedin the development scheme.

(5) The development scheme may containproposals:—(a) to form reconstituted plot / land by thereconstitution of the original lands by thealteration of its boundaries and by thetransfer of any adjoining lands if necessary;(b) for location of the reconstituted plot /land anywhere in the identified area of thedevelopment scheme;

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 71(c) for allotment of reconstituted plot / landby draw of lots;(d) to provide with the consent of the ownersthe allotment of reconstituted plot / landjointly as common reconstituted plot; and(e) for allotment of a reconstituted plot /land to any owner dispossessed of land infurtherance of the scheme.

(6) The proportion and extent of eligibilityfor each land owner shall be determinedbefore publishing the draft developmentscheme.

49. (1) On or after the date on which a draftdevelopment scheme is published, no personshall, within the area included in the scheme,carry out any development unless suchperson has applied for and obtained thenecessary permission for doing so from theCommissioner in prescribed form and onpayment of such scrutiny fees and chargesas may be prescribed by regulations.

(2) Where an application for permission isreceived by the Commissioner, he shall, sendto the applicant a written acknowledgementof its receipt and after making such inquiryas it deems fit, may either grant or refusesuch permission or grant it subject to suchconditions as he may think fit to impose.

(3) If any person contravenes the aboveprovisions or of any condition imposed, theCommissioner may direct such person by

Restrictionson the use

anddevelopmentof land afterpublication

of draftdevelopment

scheme.

72 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bnotice in writing to stop any development inprogress, and after making an inquiry in theprescribed manner remove, pull down, oralter any building or other development orrestore the land or building in respect ofwhich such contravention is made to itsoriginal condition.

50. (1) Where there is a disputed claim tothe ownership of any piece of land includedin the area under the development schemein respect of which a declaration of intentionhas been made and any entry in the recordof rights or mutation relevant to suchdisputed claim is inaccurate or inconclusive,an enquiry may be held by CompetentAuthority in case of any development schemeat any time before the final allotment of thereconstituted plot / land for the purposes ofdeciding as to who shall be deemed to bethe owner for the purposes of this Act andpass orders under his seal and signature.

(2) Such decision shall not be subject toappeal but it shall not operate as a bar to aregular suit in a Court of competentjurisdiction.

51. (1) Nothing in the Registration Act, 1908shall be deemed to require the registrationof any document, plan or map prepared,made or sanctioned in connection with adevelopment scheme implemented by theAuthority which has come into force.

Disputedownership.

Registrationnot required.

Act No. XVI of1908.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 73(2) All such documents, plans and mapsshall, for the purposes of Section 48 and 49of the Registration Act, 1908 be deemed tohave been registered in accordance with theprovisions of that Act:Provided that the documents, plans and mapsrelating to the sanctioned scheme shall beaccessible to the public in the mannerprescribed.

CHAPTER IX

LAND POOLING SCHEME

52. The land pooling scheme is intendedfor land owners volunteering to surrendertheir land against a guaranteed return of adeveloped and reconstituted plot/land.

53. (1) The reservation and allotment of landfor various purposes in the land poolingscheme may be as specified below:—

(a) ten percent of total area of the scheme forparks, playgrounds, gardens and openspaces;

(b) thirty percent of total area of the schemefor roads and utility services;

(c) five percent of total area of the scheme forsocial amenities such as school, dispensaryand other community facilities;

(d) at least five percent of total area of thescheme for providing affordable housing forthe poor;

Land poolingscheme.

Reservationand

allotment.

74 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(e) a share of total area of the schemespecified by the Authority for reconstitutedplots / land for re-allotment to land owners;

(f) a share of total area of the scheme specifiedby the Authority in lieu of the cost ofdevelopment towards the provision ofinfrastructure, amenities, trunkinfrastructure and other costs and expensesto be incurred for the scheme. The Authoritymay use this land for development of capitalcity area or for residential or commercial orpublic or semipublic or any other purposesas may be approved by the Authority:

Provided that the percentage of the allotmentof land as specified in Clauses from (b) to (d)may be altered by the Authority whilepreparing the land pooling schemedepending upon the nature of existing andproposed development as per sanctioneddevelopment plans under section 38 and forthe reasons to be recorded in writing.

(2) The area of the land pooling scheme shallbe as notified by the Authority under section55 of this Act.

54. The developer entity intending toundertake a land pooling scheme shall obtaina license from the Commissioner to formulateand implement a land pooling schemecontaining such particulars and details asmay be prescribed:

Provided that,-

Role ofdeveloper

entity.


(1) the developer entity shall submit theapplication to formulate and implement aland pooling scheme only after a notificationis issued by the Authority as stated at sub-section (3) of section 43 under the Act;

(2) the requirements of the Scheme asprescribed under this Act shall be compliedwith;

(3) the costs for development of thedevelopment scheme shall be factored intothe project before the developer undertakesthe development work;

(4) the developer entity shall obtain allnecessary permissions from theCommissioner as required under the Act dulypaying the prescribed fees and charges toundertake the scheme;

(5) The developer entity shall mortgage a partof the scheme area as prescribed in favour ofthe Authority in order to comply with theconditions of the development scheme andthe same shall be re-conveyed by theCommissioner while issuing the completioncertificate of the scheme.

55. (1) Competent Authority for LandPooling shall be the Commissioner andincludes such other officers along with staff,appointed by Government for the purpose.

(2) The area for the land pooling scheme maybe identified by the Commissioner either onhis own or based on the applications receivedfrom the land owners or developer entity.

Declarationof intention.

76 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(3) The Commissioner shall obtain theapproval of the Authority and initiate landpooling scheme for the identified area:

Provided that no such approval shall benecessary in case of any area notified by theGovernment under sub-sections (5) and (6)of section 43.

(4) The Competent Authority for LandPooling shall issue notification declaring itsintention (hereinafter referred to as the‘declaration of intention’) to make the landpooling scheme in respect of such an areain the prescribed manner within prescribedtime period, calling for objections orsuggestions as well as consent, from ownersor interested parties whose lands areincluded in the land pooling scheme withina period of 30 days from the date ofpublication of such notification.

(5) The Authority shall hear all suchobjections and suggestions within prescribedtime period and approve the area with orwithout modifications within prescribed timeperiod.

(6) The Competent Authority for LandPooling within prescribed time period shallnotify the modified area of the land poolingscheme for the preparation of draft landpooling scheme.


(7) Verification of the title and extent ofconsenting land owners shall be done undersub-section (1) of section 48.

(8) Disputed ownership shall be resolvedunder section 50.

56. (1) The Competent Authority for LandPooling shall make a draft land poolingscheme of the area in accordance withsanctioned development plans in consultationwith land owners within the prescribed timeperiod. Such consultations shall be relatedto the provisions made under section 44 ofthis Act and each such consultation has tobe recorded in writing and has to be signedby the Competent Authority for Land Poolingon behalf of the Authority.

(2) The Authority shall approve and publishthe notification of draft land pooling schemewithin prescribed time period along with theconditions if any for carrying out theprovisions of the scheme, calling forobjections or suggestions from the landowners whose lands are included in the landpooling scheme giving a time period of thirtydays from the date of publication of thenotification.

57. (1) If any person affected by such schemecommunicates in writing to the Authority, anyobjections relating to such scheme, theAuthority shall consider such objections andmay at any time before approving the final

Draftnotification

of landpoolingscheme.

Finalnotification

of landpoolingscheme.

78 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bland pooling scheme modify such scheme asit thinks fit.

(2) The notified area under the final landpooling scheme shall vest absolutely with theAuthority or the developer entity, as the casemay be, free from all encumbrances, forreconstituting and implementing the landpooling scheme.

(3) After publication of the final land poolingscheme within the prescribed time period,the Competent Authority for Land Poolingshall issue a land pooling ownershipcertificate.

(4) The land pooling ownership certificateshall contain details of the land owner’soriginal land and that of the reconstitutedplot/land, including its original ownershipdetails, along with a sketch of reconstitutedplots, and such certificate shall be theconclusive evidence of the title of the propertyin respect of the reconstituted plot/land andshall be eligible for transfer of rights of theproperty in accordance with the provisionsof the Registration Act, 1908.

(5) After notification of the final land poolingscheme, the same shall be incorporated inthe notified plans under section 38 as thecase may be.

(6) All lands reserved for the parks, playgrounds and open spaces, and all landsallotted for roads, social amenities andaffordable housing shall be deemed to be

Central ActXVI of 1908.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 79handed over to the Authority uponnotification of the final land pooling scheme.

(7) All lands allotted for the Authority or thedeveloper entity, as the case may be, shallalso be deemed to be handed over to theAuthority or the developer entity, as the casemay be.

(8) The notified final land pooling schemeshall be a deemed layout developmentpermission by the Authority.

(9) The owner of the reconstituted plot willbe responsible for the following, namely,—(a) for providing all the requiredinfrastructure within the reconstituted plotand for obtaining development permissionsas per applicable regulations;

(b) to obtain all permissions and requisite‘No Objection Certificates’ required for thedevelopment of the reconstituted plot; and

(c) to pay necessary fees and charges as perthe rules for the sanction of developmentpermission before commencing anyconstruction activity on reconstituted plots.

58. (1) The permission for the final landpooling scheme shall remain valid for a periodas may be prescribed.

(2) The physical demarcation of roads andplots of the final land pooling scheme shallbe commenced immediately on final sanction

Implementationof final land

poolingscheme.

80 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Band shall be completed within the prescribedtime period .

(3) The Competent Authority for Land Poolingshall hand over the reconstituted plots to theland owners after formation of the roads asper the final land pooling scheme within aperiod as may be prescribed.

(4) The remaining infrastructure shall bedeveloped in a phased manner in a period asmay be prescribed.

(5) If the works are not completed within theprescribed period, the final sanction andpermission shall be revalidated by theAuthority for a maximum period as may beprescribed.

59. (1) The Commissioner shall, dulyfurnishing the details of completion of theworks along with the necessary infrastructureplans, publish a notice of completion of thefinal land pooling scheme within the periodas may be prescribed.

(2) The Commissioner shall also publish thedetails of re-allotment of reconstituted plots/ lands along with land mutation records andland pooling ownership certificates.

(3) On verification of the details in sub-section(1) and sub-section (2), the Commissionershall issue the Completion Certificate alongwith layout of final land pooling scheme.

Completionof final land

poolingscheme.


60. (1) Reconstituted plot/land owners shallhave to pay for the usage, consumption andmaintenance charges levied by the localbodies or agencies responsible for thecommon infrastructure and respectiveservices including roads, street lighting, solidwaste management, sewerage treatmentfacility, water supply, parks and play groundsand other amenities.

(2) The Authority may maintain thecommon infrastructure and facilities eitheron its own or authorize a Local body or anelected resident welfare association dulycollecting the necessary charges for suchmaintenance.

CHAPTER X

TOWN PLANNING SCHEMES

61. (1) Subject to the provision of this Act orany other law for the time being in force, theAuthority may make one or more townplanning schemes for the capital region orany part thereof, regard being had to theproposals in the sanctioned developmentplans under section 38, if any.

(2) Town planning scheme may be inaccordance with the provisions of this Act inrespect of any land which is:-

(a) in the course of development ;

Infrastructuremaintenance.

Townplanningscheme.

82 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(b) likely to be used for residential orcommercial or industrial or for buildingpurposes; or

(c) already built upon.

Explanation:

For the purpose of this sub-section, theexpression “land likely to be used for buildingpurposes” shall include any land likely to beused as, or for the purpose of providing, openspaces, roads, streets, parks, pleasure orrecreation grounds parking spaces or for thepurpose of executing any work upon or underthe land incidental to a Town PlanningScheme, whether in the nature of a buildingwork or not.

(3) The reservation and allotment of landfor various purposes in the Town PlanningScheme shall be in accordance withsanctioned development plans and asspecified in section 53 (1).

62. (1) Before making any town planningscheme under the provisions of the Act inrespect of any area, the Authority may, byresolution, declare its intention to make sucha scheme in respect of such area.

(2) Within Fifteen days from the date ofsuch declaration (hereinafter referred to asthe declaration of intention to make ascheme), the Authority shall publish it in theprescribed manner.

Declarationof intentionto make ascheme.


(3) A copy of the plan shall be kept openat the office of the Authority during the officehours for the inspection of the public.

(4) The town planning scheme shall bemandatory and all the land owners shallinvariably participate in such town planningscheme on declaration of intention to makethe scheme by the Authority.

63. Within six months from the date of thedeclaration of intention to make a schemeunder section 62, the Authority shall makea draft town planning scheme of the area inrespect of which, the said declaration hasbeen made and publish the notification,along with the draft regulations for carryingout the provisions of the scheme calling forobjections or suggestions from the landowners whose lands are included in the drafttown planning scheme within thirty daysfrom the date of the publication of the drafttown planning scheme.

64. If any person affected by such schemecommunicates in writing to the Authority,any objections relating to such scheme, theAuthority shall consider such objections andmay at any time before submitting the drafttown planning scheme to the Governmentas hereinafter provided modify such schemeas it thinks fit.

Making andpublication

of draft townplanningscheme.

Objections todraft scheme

to beconsidered.


65. (1) The Authority shall, within sixty daysfrom the date of the publication of the drafttown planning scheme in the manner asprescribed, submit the draft town planningscheme with any modifications that may havebeen made therein under section 64 togetherwith the objections which may have beencommunicated to it, to the Government forsanction.

(2) After receiving the draft townplanning scheme, the Government may,within thirty days from the date of its receipt,by notification, sanction such scheme withor without modifications or subject to suchconditions as it may think fit to impose orrefuse to sanction it.

(3) If the Government sanctions suchscheme, it shall in such notification state atwhat place and time the draft scheme beopen for the inspection of the public.

66. (1) Where a draft town planning schemehas been sanctioned by the Governmentunder sub-section (2) of section 65,(hereinafter in this section, referred to as‘sanctioned draft scheme’), all lands requiredby the Authority for the purposes in clauses(3), (5), (6), (7) and (8) of section 44 shall vestabsolutely in the Authority free from allencumbrances.

(2) Nothing in sub-section (1) shallaffect any right of the owner of the landvesting in the Authority under that sub-section.

Power ofGovernmentto sanctiondraft townplanningscheme.

Vesting ofland in theauthority.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 85(3) The provisions of sections 85 and

86 shall mutatis-mutandis apply to the‘sanctioned draft scheme’ as if; ‘sanctioneddraft scheme’ was a preliminary scheme.

67. (1) Within thirty days from the date onwhich the sanction of the Government to adraft scheme is notified, the Governmentshall appoint a Planning Officer possessingsuch qualification as may be prescribed, forthe purpose of such scheme and provide himwith such number of officers and staff as maybe considered necessary and his duties shallbe as hereinafter provided:

Provided that the Government may, on therequest made by the Authority, appoint aPlanning Officer within thirty days from thedate of the publication of the draft townplanning scheme under section 63.

(2) The Government may, if it thinks fit, atany time, remove, on the ground ofincompetence or misconduct or any othergood and sufficient reason, a Planning Officerappointed under this section and shallforthwith appoint another person in his placeand any proceeding pending before PlanningOfficer immediately before the date of hisremoval shall be continued and disposed ofby the new Planning Officer appointed in hisplace:

Provided that no Planning Officer shall beremoved under this sub-section except afteran inquiry in which he has been informed of

Appointmentof Planning

Officer.

86 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bthe charges against him and a reasonableopportunity of being heard in respect of thosecharges has been given to him.

(3) Subject to the provisions of sub-section (2), a Planning Officer appointedunder sub-section (1) for the purpose of anyscheme shall cease to hold office with effectfrom the date on which the final townplanning scheme is sanctioned under section82.

68. Within a period of six months from thedate of his appointment, the Planning Officershall, after following the prescribedprocedure, sub divide the ‘sanctioned draftscheme’ into a preliminary scheme and afinal scheme:

Provided that the Government may, fromtime to time, by order in writing, extend thesaid period by such further period or periodsas may be specified in the order and any suchorder extending the period may be made soas to have retrospective effect.

69. (1) In a preliminary scheme, the PlanningOfficer shall,-

(a) after giving notice in the prescribedmanner and in the prescribed form to thepersons affected by the scheme, define anddemarcate the areas allotted to, or reservedfor, any public purpose, or for the purposeof the Authority and the reconstituted plot /land;

Duties ofPlanningOfficer.

Contents ofpreliminary

and finalscheme.


(b) after giving notice as aforesaid,determine in a case in which a reconstitutedplot / land is to be allotted to persons inownership in common, the shares of suchpersons;

(c) provide for the total or partial transfer ofany right in an original plot to a reconstitutedplot or provide for the transfer of any right inan Original Plot in accordance with theprovisions of the Act;

(d) determine the period within which theworks provided in the scheme shall becompleted by the Authority.

(2) The Planning Officer shall submit thepreliminary scheme so prepared to thegovernment for sanction and shall thereafterprepare and submit to the government thefinal scheme in accordance with theprovisions of sub-section (3).

(3) In the final Scheme, the Planning Officershall,-

(a) fix the difference between the total ofthe values of the original plots and the totalof the values of the plots included in thescheme in accordance with the provisions ofclause (c) of sub-section (1) of section 95;

(b) determine whether the areas used,allotted or reserved for a public purpose orpurposes of the Authority are beneficialwholly or partly to the owners or residentswithin the area of the scheme;

88 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(c) estimate the portion of the sums payableas compensation on each plot used, allottedor reserved for a public purpose or for thepurpose of the Authority which is beneficialpartly to the owners or residents within thearea of the scheme and partly to the generalpublic, which shall be included in the costsof the scheme;

(d) calculate the contribution to be leviedunder sub-section (1) of section 97, on eachplot used, allotted or reserved for a publicpurpose or for the purpose of the Authoritywhich is beneficial partly to the owners orresidents within the area of the scheme andpartly to the general public;

(e) estimate the increment to accrue inrespect of each plot included in the schemein accordance with the provisions of section96;

(f) calculate the proportion of thecontribution to be levied on each plot in thefinal scheme to the increment estimated toaccrue in respect of such plot under sub-section (1) of section 97;

(g) calculate the contribution to be leviedon each plot included in the final scheme;

(h) determine the amount to be deductedfrom, or added to, as the case may be, thecontribution to be levied from a person inaccordance with the provisions of section 97;

(i) estimate with reference to claims madebefore him, after notice has been given by

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 89him in the prescribed manner and in theprescribed form, the compensation to be paidto the owner of any property or rightinjuriously affected by the making of theTown Planning Scheme in accordance withthe provisions of section 100;

(j) draw in the prescribed form thepreliminary and the final scheme inaccordance with the draft scheme:

Provided that the Planning Officer may makevariation from the ‘sanctioned draft scheme’,but no such variation, if it is of a substantialnature, shall be made except with theprevious sanction of the Government, andexcept after hearing the Authority and anyowners who may raise objections.Explanation:-(i) For the purpose of this proviso “variationof a substantial nature” means a variationwhich is estimated by the Planning Officerto involve an increase of ten percent in thecosts of the scheme as stated in section 95,on account of the provisions of new works orthe allotment of additional sites for publicpurposes included in the preliminary schemedrawn up by the Planning Officer.

(ii) If there is any difference of opinionbetween the Planning Officer and theAuthority as to whether a variation made bythe Planning Officer is of substantial natureor not, the matter shall be referred by theAuthority to the Government whose decisionshall be final.

90 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B70. Except in matters arising out of clauses(c), (d), (e), (f), (g) and (i) of sub-section (3) ofsection 69, every decision of the PlanningOfficer shall be final and binding on allpersons.

71. Any decision of the Planning Officerunder clauses (c), (d), (e), (f), (g) and (i) ofsub-section (3) of section 69 shall forthwithbe communicated to the party concerned inthe prescribed form and any person aggrievedby such decision may within fifteen daysfrom the date of communication of decision,present an appeal to the Board of Appealconstituted under section 72.

72. (1) The Government shall, from timeto time by an order published in the AndhraPradesh Gazette, constitute a Board of Appealfor hearing and deciding appeals undersection 71.

(2) The Board of Appeal shall consist of threemembers, one of whom shall be its Presidentand two persons, possessing suchqualifications and experience as may beprescribed, as assessors.

(3) The President shall be a person who is orhas been a District Judge or a Judge of theCity Civil Court.

(4) The terms of appointment of the Presidentof the Board of Appeal and conditions ofservice shall be such as may be prescribed.

Certaindecisions of

PlanningOfficer to be

final.

Appeal.

Constitutionof Board of

Appeal.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 91(5) The Board of Appeal constituted undersub-section (1) shall stand dissolved as soonas a copy of its decision in appeal is sent tothe Planning Officer under sub-section (2) ofsection 79.

(6) The Government may, if it thinks fit,remove for incompetence or misconduct orfor any other good or sufficient reason anyassessor appointed under sub-section (1).

(7) If any assessor is removed or dies or refusesor neglects to act or becomes incapable ofthe acting, the authority who appointed suchassessor shall appoint forthwith a fit andproper person in his place.

73. (1) The Planning Officer shall be presentat the proceedings before the Board of Appeal.

(2) The Planning Officer shall not berequired to give evidence in such proceedingsbut the President may require him to assistthe Board in an advisory capacity.

74. The Board of Appeal may sit either atthe headquarters of the President or at anyother place within the local limits of hisjurisdiction which he may deem convenientfor the consideration and decision of anymatter before such Board.

75. All questions of law and procedureshall be decided by the President and allother questions shall be decided by thePresident and the two assessors or by amajority of them.

PlanningOfficer to

assist Boardin advisorycapacity.

Place whereBoard may

sit.

Decision ofquestions of

law and otherquestions.

92 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B76. (1) After making such inquiry as itmay think fit, the Board of Appeal may eitherdirect the Planning Officer to reconsider itsproposals, or accept, modify, vary or rejectthe proposals of the Planning Officer.

(2) Every decision of the Board ofAppeal shall be final and binding on allpersons.

77. Nothing contained in this Act shall bedeemed to constitute the Board of Appeal tobe a court.

78. (1) The assessors shall, save wherethey are salaried Government Officers, beentitled to such remuneration either by wayof monthly salary or by way of fees or partlyby way of salary and partly by way of fees, asthe Government may, from time to time,determine.

(2) The salary of the President of theBoard of Appeal or an Assessor who is asalaried Government Officer and anyremuneration payable under sub-section (1)and all expenses incidental to the workingof the Board of Appeal shall, unless theGovernment otherwise determines, bedefrayed out of the funds of the Authorityand shall be added to the costs of the scheme.

Powers ofBoard todecidematterfinally.

Board not tobe a court.

Remunerationof assessorsand paymentof incidentalexpenses ofBoard to be

added tocosts ofscheme.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 93Decision ofPlanning

Officer to befinal incertain

matters andvariation ofscheme in

view ofdecision in

Appeal.

Power tosplit up

sanctioneddraft

scheme intoseparatesections.

79. (1) Where no appeal has been presentedunder section 71, in respect of a matterarising out of clauses (c), (d), (e), (f), (g) and(i) of sub-section (3) of section 69, the decisionof the Planning Officer shall be final andbinding on all the parties.

(2) The Board of Appeal shall send acopy of its decision in appeal to the PlanningOfficer who shall, if necessary, make anyvariation in the scheme in accordance withsuch decision and shall forward the FinalScheme together with a copy of his decisionunder section 70 and a copy of the decisionof the Board of Appeal in appeal to theGovernment for the sanction of the FinalScheme.

80. (1) After a Planning Officer has beenappointed under section 67, the Authoritymay apply to him to split up the ‘sanctioneddraft scheme’ into different sections and todeal with each section separately as if suchsection were a separate sanctioned draftscheme.

(2) On receipt of an application undersub-section (1), the Planning Officer may,after making such inquiry as he thinks fit,split up the ‘sanctioned draft scheme’ intosections.

(3) The provisions of the Act and therules made there under shall, so far as maybe, apply to each of such sections as if it werea separate ‘sanctioned draft scheme’.

94 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B81. The Planning Officer shall submit tothe Government for sanction the preliminaryscheme also before the final scheme issubmitted to the Government under sub-section (2) of section 69, together with copyof his decision under section 70.

82. (1) On receipt of the PreliminaryScheme or as the case may be, the FinalScheme, the Government may,—

(a) in the case of Preliminary Scheme, withina period of thirty days from the date of itsreceipt, and

(b) in the case of final scheme, within aperiod of sixty days from the date of itsreceipt,

by notification, sanction the preliminaryscheme or the final scheme or refuse to givesanction, provided that in sanctioning anysuch scheme, the Government may makesuch modifications as may, in its opinion, benecessary for the purpose of correcting anerror, irregularity or informality.

(2) Where the Government sanctions thepreliminary scheme or the final scheme, itshall state in the notification,—(a) the place at which the scheme shall bekept open for inspection by the public, and

(b) a date on which all the liabilities createdby the scheme shall come into force:

Submissionof

preliminaryscheme andfinal scheme

to theGovernment.

Power of theGovernmentto sanctionor refuse tosanction thescheme and

effect ofsanction.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 95Provided that the Government may, from timeto time, extend such date by notification, bysuch period, not exceeding thirty days at atime, as it thinks fit.

(3) On and after the date fixed in suchnotification, the Final Scheme shall haveeffect as if it were enacted in this Act.

83. (1) If at any time before the PreliminaryScheme is forwarded by the Planning Officerto the Government, a representation is madeto the Planning Officer by the Authority andif the owners of the majority of the landextent in the scheme area represent that theScheme should be withdrawn, the PlanningOfficer shall, after inviting from all personsinterested in the scheme objections to suchrepresentation, forward such representationtogether with the objections, if any, to theGovernment.

(2) The Government after making suchinquiry as it may deem fit, may, if it is ofopinion that it is necessary or expedient soto do, by notification, direct that the schemeshall be withdrawn and upon suchwithdrawal no further proceedings shall betaken in regard to such scheme.

84. On the day on which the PreliminaryScheme comes into force,—

(1) all lands required by the Authority shallunless it is otherwise determined in such

Withdrawalof scheme.

Effect ofpreliminary

scheme.

96 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bscheme, vest absolutely in the Authority freefrom all encumbrances;

(2) all rights in the original plots which havebeen re-constituted into re-constituted plots/ land shall be determined and the re-constituted plots / land shall become subjectto the rights settled by the Planning Officer.

85. On and after the date on which aPreliminary Scheme comes into force, anyperson continuing to occupy any land whichhe is not entitled to occupy under thePreliminary Scheme shall, in accordance withthe prescribed procedure, be summarilyevicted by the Authority.

86. (1) On and after the date on whichthe Preliminary Scheme comes into force, theAuthority shall, after giving the prescribednotice and in accordance with the provisionsof the scheme,—

(a) remove, pull down, or alter anybuilding or other work in the area includedin the scheme which is such as contravenesthe scheme or in the erection or carrying outof which any provision of the scheme has notbeen complied with;

(b) execute any work which it is theduty of any person to execute under thescheme in any case where it appears to theAuthority that delay in the execution of thework would prejudice the efficient operationof the scheme.

Power ofauthority to

evictsummarily.

Power toenforce the

scheme.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 97(2) Any expenses incurred by the

Authority under this section shall berecovered from the person in default or fromthe owner of the plot in the manner providedfor the recovery of sums due to the Authorityunder the provisions of the Act.

(3) If any question arises as to whetherany building or work contravenes a townplanning scheme or whether any provisionof a town planning scheme is not compliedwith in the erection or carrying out of anysuch building or work, it shall be referred tothe Government and the decision of theGovernment shall be final and binding on allpersons.

(4) No person shall be entitled tocompensation in respect of any damage, lossor injury resulting from all action taken bythe Authority under the provisions of thissection except in respect of the building orwork begun before the date referred to in sub-section (1) and only in so far as such buildingor work has proceeded until that date:

Provided that any claim to compensation,which is not barred by this sub-section shallbe subject to the condition of any agreemententered into between the claimant and theAuthority.

(5) The provisions of this section shallnot apply to any operational construction

98 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bundertaken by the Central Government or aState Government.

87. (1) If after the preliminary scheme orthe final scheme has come into force, theAuthority considers that the scheme isdefective on account of an error, irregularityor informality, the Authority may apply inwriting to the Government for the variationof the scheme.

(2) If on receiving such application orotherwise, the Government is satisfied thatthe variation required is not substantial, theGovernment shall publish a draft of suchvariation in the prescribed manner so thatany person affected thereby maycommunicate in writing his objections to suchvariation to the Government through theAuthority within thirty days of the date ofpublication of the draft variation.

(3) The draft variation published undersub-section (2) shall state every variationproposed to be made in the scheme and ifany such variation relates to a matterspecified in any of the sub-sections (1) to (8)of section 44, the draft variation shall alsocontain such other particulars as may beprescribed.

(4) The draft variation shall be open tothe inspection of the public at such officesas published under sub-section (2).

Power tovary schemeon ground of

error,irregularity

orinformality.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 99(5) After receiving the objections, the

Government may, after consulting theAuthority and after making such inquiry asit may think fit, by notification-

(a) appoint a Planning Officer andthereupon the provisions of this Chaptershall so far as may be, apply to such draftvariation as if it were a draft schemesanctioned by the Government, or

(b) make the variation with orwithout modification, or

(c) refuse to make the variation.(6) From the date of the notification

making the variation, with or withoutmodification, such variation shall take effectas if it were incorporated in the scheme.88. If at any time after the final townplanning scheme comes into force, theAuthority is of the opinion that the purposefor which any land is allotted in such schemeunder any of the clause (a) and (c) of section61 requires to be changed to any otherpurpose specified in any of the said clauses,the Authority may make such change afterfollowing the procedure relating toamendment of regulations, specified insection 90 as if such change were anamendment of regulations.89. Notwithstanding anything contained insection 87, a Town Planning Scheme at anytime be varied by a subsequent scheme made,published and sanctioned in accordance withthe provisions of the Act.

Variation ofTown

PlanningScheme for

land allottedfor publicpurpose.

Variation ofTown

PlanningScheme by

anotherscheme.

100 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B90. (1) If at any time after the Final TownPlanning Scheme comes into force, theAuthority is of the opinion that theregulations relating to a town planningscheme require to be amended, it maypublish the requisite draft amendment in theprescribed manner and invite suggestions orobjections thereto from any person to submitwithin thirty days from the date of publicationof the draft amendment;

(2) if any suggestions or objectionsrelating to such amendment are received, theAuthority shall consider such suggestions orobjections and may, at any time beforesubmitting the draft amendment to theGovernment as hereinafter provided, modifysuch amendment as it thinks fit;

(3) the Authority shall within a periodof sixty days from the date of its publication,submit the draft amendment along with thesuggestions or objections to the Governmentand shall at the same time apply for itssanction;

(4) after receiving such application andafter making such inquiry as it may thinkfit, the Government may sanction theamendment submitted with or withoutmodifications as it deems necessary or refuseto sanction the amendment;

(5) if the amendment is sanctioned bythe Government, the Final Town PlanningScheme shall be deemed to have been variedin accordance with the amendment.

Amendmentof

regulations.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 10191. If at any time after the date on whichthe scheme has come into force, such schemeis varied, and any person who has incurredany expenditure for the purpose of complyingwith such scheme shall be entitled to becompensated by the Authority for theexpenditure, if such expenditure is renderedabortive by reason of the variation of suchscheme.

92. In the event of a town planningscheme being withdrawn, the Governmentmay direct that the costs of the scheme shallbe borne by the Authority or be paid to theAuthority by the owners concerned in suchproportion as the Government may in eachcase determine.

93. Every party to any proceedings beforethe Planning Officer or before the Board ofAppeal shall be entitled to appear either inperson or by his recognized agent.

94. For the purpose of the Act, the authorityunder sub-section (1) of section 50 or thePlanning Officer or the Board of Appeal shallhave the same powers of a Civil Court whiletrying a suit under the Code of CivilProcedure, 1908 in respect of the followingmatters, namely,-

(a) summoning and enforcing theattendance of any person and examining himon oath;(b) requiring the discovery and productionof any document;

Compensationwhen scheme

is varied.

Apportionmentof costs ofscheme

withdrawnnot

sanctioned.

Right toappear byrecognized

Agent.

Powers ofcivil courts

in respect of

certainmatters.

Act.No. XVI of 1908

102 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(c) receiving evidence on affidavits;(d) issuing commissions for theexamination of witness or documents.95. (1) In addition to the requirements asstated in section 47 of the Act, the costs ofa town planning scheme shall include thefollowing, namely,-

(a) all sums payable ascompensation for land reserved or designatedfor any public purpose or for the purposes ofthe Authority which is solely beneficial tothe owners of land or residents within thearea of the scheme;

(b) such portion of the sumspayable as compensation for land reservedor designated for any public purpose or forthe purpose of the Authority which isbeneficial partly to the owners of land orresidents within the area of the scheme andpartly to the general public, as is attributableto the benefit accruing to the owners of landor residents within the area of the schemefrom such reservation or designation;

(c) any amount by which the totalamount of the values of the original plotsexceeds the total amount of the values of theplots included in the final scheme, each ofsuch plots being estimated at its market valueat the date of the declaration of intention tomake a scheme, with all the buildings andworks thereon at the said date and withoutreference to improvements contemplated in

Costs of TownPlanningScheme.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 103the scheme other than improvements due toalteration of its boundaries.

(d) twenty percent of the amount of thecost of infrastructure provided in the areaadjacent to the area of the scheme as isnecessary for the purpose of and incidentalto the scheme.

(2) If in any case the total amount of thevalues of the plots included in the finalscheme exceeds the total amount of the valuesof the original plots, each of such plots beingestimated in the manner provided in clause(c) of sub-section (1), then the amount of suchexcess shall be deducted in arriving at thecosts of the scheme as defined in sub-section(1).

96. For the purpose of the Act, theincrements shall be deemed to be the amountby which at the date of the declaration ofintention to make a scheme the market valueof the plot included in the final schemeestimated on the assumption that the schemehas been completed would exceed at the samedate the market value of the same plotestimated without reference to improvementscontemplated in the scheme:Provided that in estimating such value, thevalue of buildings or other works erected orin the course of erection on such plot shallnot be taken into consideration.

97. (1) The costs of the scheme shall be metwholly or in part by a contribution to be leviedby the Authority on each plot included in

Calculation of

increment.

Contributiontowards costs

of scheme.

104 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bthe final scheme calculated in proportion tothe increment which is estimated to accruein respect of such plot by the Planning Officer:

Provided that,-

(a) where the cost of the scheme,-

(i) does not exceed half of the increment,the cost shall be met wholly by acontribution, and

(ii) exceeds half of the increment, to theextent of half of the increment it shall bemet by a contribution and the excess shallbe borne by the Authority;

(b) where a plot is subject to a mortgage withpossession or to a lease, the Planning Officershall determine in what proportion themortgagee or lessee on the one hand andthe mortgagor or lessor on the other handshall pay such contribution;

(c) no such contribution shall be levied on aplot used, allotted or reserved for a publicpurpose or for the purpose of the Authoritywhich is solely beneficial to the owners ofland or residents within the area of thescheme; and

(d) the contribution levied on a plot used,allotted or reserved for a public purpose orfor the purpose of the Authority which isbeneficial partly to the owners of land orresidents within the area of the scheme andpartly to the general public shall becalculated in proportion to the benefit

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 105estimated to accrue to the general public fromsuch use, allotment or reservation.

(2) The owner of each plot included inthe final scheme shall be primarily liable forthe payment of the contribution to be leviedin respect of such plot.

98. The amount by which the total value ofthe plots included in the final scheme withall the buildings and works thereon allottedto a person falls short of or exceeds the totalvalue of the original plots with all thebuildings and works thereon of such personshall be deducted from, or, as the case maybe, added to, the contribution to be leviedfrom such person, each of such plots beingestimated at its market value at the date ofdeclaration of intention to make a schemeor the date of the notification issued by theGovernment under sub-section (5) of section43 and without reference to improvementscontemplated in the scheme other thanimprovements due to the alteration of itsboundaries.

99. Any right in an original plot which inthe opinion of the Planning Officer is capableof being transferred wholly or in part, withoutprejudice to the making of a Town PlanningScheme, to a reconstituted plot shall be sotransferred and any right in an original plotwhich in the opinion of the Planning Officeris not capable of being so transferred shallbe extinguished:

Certainamounts tobe added to,or deducted

from,contributionto be leviedfrom person.

Transfer ofright fromoriginal to

reconstitutedplot or

extinction ofsuch right.

106 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-BProvided that an agricultural lease shall notbe transferred from an original plot to areconstituted plot without the consent of allthe parties to such lease.

100. The owner of any property or rightwhich is injuriously affected by the makingof a Town Planning Scheme shall, if he makesa claim before the Planning Officer withinthe prescribed time, be entitled to becompensated in respect thereof by theAuthority or by any person benefited orpartly by the Authority and partly by suchperson as the Planning Officer may in eachcase determine:

Provided that the value of such property orrights shall be deemed to be its market valueat the date of the declaration of intention tomake a scheme or the date of the notificationissued by the Government under sub-section(5) of section 43 without reference toimprovements contemplated in the scheme,as the case may be.

101. (1) No compensation shall be payablein respect of any property or private rightwhich is alleged to be injuriously affectedby reason of any provision contained in theTown Planning Scheme, if under any otherlaw for the time being in force applicable tothe area for which such scheme is made nocompensation is payable for such injuriousaffection.

Compensationin respect ofproperty or

rightinjuriouslyaffected by

scheme.

Exclusion ofcompensation

in certaincases.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 107(2) Any property or private right shall

not be deemed to be injuriously affected byreason of any provision inserted in a townplanning scheme which imposes anyconditions and restrictions in regard to anyof the matters related to the construction ofbuildings such as development control/promotion regulations, zoning regulations orbuilding rules / bye-laws.

102. If the owner of an original plot is notprovided with a plot in the preliminaryscheme or if the contribution to be levied fromhim under section 97 is less than the totalamount to be deducted there from under anyof the provisions of the Act, the net amountof his loss shall be payable to him by theAuthority in cash or in such other manneras may be agreed upon by the parties.

103. (1) If from any cause the total amountwhich would be due to the Authority underthe provisions of the Act from the owner of aplot to be included in the final schemeexceeds the value of such plot estimated onthe assumption that the scheme has beencompleted, the Planning Officer shall at therequest of the Authority direct the owner ofsuch plot to make payment to the Authorityof the amount of such excess.

(2) If such owner fails to make suchpayment within the prescribed period, thePlanning Officer shall, if the Authority sorequests, acquire the original plot of such

Provision forcases inwhich

amountpayable to

ownersexceeds

amount duefrom him.

Provision forcase in which

value ofdeveloped

plots is lessthan amountpayable by

owners.

108 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bdefaulter and apportion the compensationamong the owner and other personsinterested in the plot on payment by theAuthority of the value of such plot estimatedat its market value at the date of thedeclaration of intention to make a scheme orthe date of a notification under sub-section(5) of section 43 and without reference toimprovements contemplated in the scheme;and thereupon the plot included in the finalscheme shall vest absolutely in the Authorityfree from all encumbrances but subject tothe provisions of the Act:

Provided that the payment made by theAuthority on account of the value of theoriginal plot shall not be included in the costsof the scheme.

104. All payments due to be made to anyperson by the Authority under the Act shall,as far as possible, be made by adjustment insuch account with the Authority in respectof the plot concerned or of any other plot inwhich he has an interest and failing suchadjustment, shall be paid in cash or in suchother manner as may be agreed upon by theparties.

105. (1) The net amount payable under theprovisions of the Act by the owner of a plotincluded in the final scheme may at theoption of the contributor be paid in lump-sum or in annual installments not exceedingten.

Payment ofadjustmentof account.

Payment ofnet amountdue to theauthority.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 109(2) If the owner elects to pay the amount

by installments, interest at such rate as isarrived at by adding two percent to the bankrate published under section 50 of theReserve Bank of India Act, 1934 from timeto time, shall be charged per annum on thenet amount payable.

(3) If the owner of a plot fails to exercisethe option on or before the date specified ina notice issued to him in that behalf by theAuthority, he shall be deemed to haveexercised the option of paying contributionin installments and the interest on thecontribution shall be calculated from the datespecified in the notice, being the date beforewhich he was required to exercise the option.

(4) Where two or more plots includedin the final scheme are of the same ownershipthe net amount payable by such owner underthe provisions of the Act shall be distributedover his several plots in proportion to theincrements which is estimated to accrue inrespect of each plot unless the owner andthe Authority agree to a different method ofdistribution.

106. (1) The Authority shall be competentto make any agreement with any person inrespect of any matter which is to be providedfor in a Town Planning Scheme, subject tothe power of the Government to modify ordisallow such agreement and unless it isotherwise expressly provided therein, suchagreement shall take effect on and after the

Act No.2 of1934.

Power ofauthority to

makeagreement.

110 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bday on which the Town Planning Schemecomes into force.

(2) Such agreement shall not in anyway affect the duties of the Planning Officeras described under section 68 or the rightsof third parties but it shall be binding on theparties to the agreement notwithstanding anydecision that may be passed by the PlanningOfficer:

Provided that if the agreement ismodified by the Government, either partyshall have the option of avoiding it, if it soelects.

107. (1) Any sum due to the Authorityunder the Act or any regulation made thereunder shall be a first charge on the plot onwhich it is due, subject to the prior paymentof land revenue, if any, due to theGovernment thereon.

(2) Any sum due to the Authority underthe Act or any regulation made there underwhich is not paid on demand on the day onwhich it becomes due or on the day fixed bythe authority shall be recoverable by theAuthority by distress and sale of the goodsand chattel of the defaulter as if the amountthereof were a property tax due by the saiddefaulter.

(3) In lieu of the recovery of the dues ofthe Authority in the manner provided in sub-section (2), any sum due or the balance of

Recovery ofarrears.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 111any sum due, as the case may be, by suchdefaulter may be recovered from him by asuit in any court of competent jurisdiction.

CHAPTER XI

PROMOTION OF DEVELOPMENT ANDUSE OF LANDS

108. (1) After the commencement of theAct, and subject to the provisions of the Act,no development of any land for layout or sub-division of plot or construction or building orinstitution of use or change of use of anyland or building shall be undertaken orcarried out in the development area without,-

(a) obtaining a DevelopmentPermission Order from the Commissioner,which shall be subject to the developmentconditions that are applicable and requiredto be complied with;

(b) payment of the developmentcharges and other fees and charges to theAuthority to be levied under the Act.

(2) No Local body or governmentdepartment or agency shall grant anypermission for any development work orsanction any development of land or buildingor any institution of change of use land orbuilding or change of use of any land orbuilding unless the Commissioner hasgranted the permission for the same.

Developmentpermissionmandatory.

112 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(3) No such permission shall be

necessary for the following activities but theconcerned person shall intimate in writingand file the necessary detailed plans, siteplans, layout plans and building plans forinformation and record of the Authority,—

(a) for carrying out such works for themaintenance of a building or land that donot materially alter or affect the building orland;

(b) for agriculture purpose and for theexcavation (including wells, bore wells) madein the ordinary course of agriculturaloperations and for the construction of un-metalled roads intended to give access to landsolely for agricultural purposes;

(c) In case of any operationalconstruction.

109. After the coming into operation of theperspective plan or master plan orinfrastructure plan or land pooling schemeor town planning scheme or any areadevelopment plan in an area, formulatedunder the provisions of the Act, no personor body shall use or permitted to use anyland or carry out any development in thatarea unless the development is in conformitywith such plans.

110. (1) Any person or body intending tocarry out any development of land for thepurpose of layout or for sub-division into plotsor for construction, reconstruction, addition

Use anddevelopmentof land andbuildings to

be inconformity

with plans ofthe authority.

Applicationfor

developmentpermission.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 113or alteration of any building shall apply inwriting to the Commissioner for developmentpermission in such form and containing suchparticulars and accompanied by such plans,documents, ownership documents for theland or plot and on payment of fees andcharges as may be prescribed by the rulesand regulations of the Act in addition tostatutory provisions made under therespective Acts of the Local bodies;

(2) On receipt of the application forDevelopment Permission under sub-section(1), the Commissioner, after making suchenquiry as consider it necessary in relationto any matter concerning the master plan,infrastructure plan, development plan andregulations, area development plan, notifieddevelopment scheme, layout regulations,development promotion regulations,aesthetics, architectural and urban designcontrol briefs, landscaping stipulations or inrelation to any other matter, may issue adevelopment permission order either,-

(a) granting permission unconditionally,or

(b) granting permission subject to suchconditions as it may consider necessary, or

(c) refuse permission citing the groundsof such refusal which shall be recorded inwriting in the order.

(3) No compensation shall be payablefor the refusal of a permission or for the

114 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bimposition of modifications or conditions ingranting permission.

(4) If within sixty days after the receiptof such application made under this sectionfor development permission for layout or suchsimilar land development scheme orconstruction of building or of any informationor further information required, theCommissioner has neither granted or refusedpermission, such permission shall bedeemed to have been granted and theapplicant after intimating the Commissionerin writing, may proceed to carry out thedevelopment but not so as to contravene anyof the provisions of the Act or plans orschemes or any rules or regulations madeunder the Act.

(5) If any person carries on anydevelopment work or retains the use of anybuilding or work or continues the use of landin contravention of the provisions under theAct, or of any development permissiongranted under the Act, the Commissionermay direct such person, by notice in writing,to stop further progress of such work or todiscontinue any use and may, after makingan inquiry in the prescribed manner, removeor pull down any building or work carriedout and restore the land to its originalcondition or as the case may be, take anymeasures to stop such use.

(6) Any expenses incurred by theCommissioner under sub-section (5) shall

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 115be a sum due to the Authority under the Actfrom the person in default.

(7) The development permission ordermay among other conditions contain theimplementation of master plan andinfrastructure plan and regulations, areadevelopment plan, notified developmentscheme, layout regulations, developmentpromotion regulations layout regulations,development promotion regulations, roadnetwork and other communication networksystem and the area of land affected and tobe surrendered free of cost to the Authorityfor development in accordance with suchsanctioned Plan or regulations.

(8) In such layouts and such other similarsite development,-

(a) such development permission shallbe considered only if the same is undertakenthrough a licensed developer;

(b) the licensed developer shall berequired to mortgage fifteen percent of theplotted saleable land to the Authority assurety for carrying out the developments andcomplying with other conditions as perspecifications and in the given time period,in the failure of which, the Commissionershall be empowered to sell away themortgaged plots and utilize the amount sorealized for completion of the developmentworks.

116 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B111. (1) Every Development Permissiongranted under the Act shall remain valid forthree years during which time thedevelopment works or layout works orconstruction and civil works shall becompleted, and if not completed, suchpermission shall be got revalidated foranother two years only on submitting anapplication and on payment of the additionalfees and charges as may be prescribed.

(2) After obtaining the DevelopmentPermission under the Act, if the works arenot commenced within one year from thedate of such sanction, the DevelopmentPermission stands lapsed:

Provided that such lapse shall not bar anysubsequent application for fresh DevelopmentPermission under the Act, however, suchapplication shall be subject to the rules /regulations and payment of fees and chargeswhich are in force as on that date of freshapplication.

112. If during the execution of anydevelopment works or layout works orconstruction and civil works, any deviationis made from the Development Permissiongranted and the same are in accordancewithin the provisions of the Act or Plans orSchemes or any rules or regulations madeunder the Act, the revised DevelopmentPermission shall be obtained under the Act.

Lapse ofdevelopmentpermission

Deviationsduring

development.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 117113. The Commissioner or the Authorityor the Government, may revoke anyDevelopment Permission issued under thisAct, whenever it is found that there has beenany false statement or wrong permission isissued or any misinterpretation of anymaterial fact or rule on which the permissionwas granted, after giving the personconcerned an opportunity of being heardagainst such revocation.

114. (1) Any person who, whether at hisown instance or at the instance of any otherperson or anybody including a departmentof Government commences, undertakes orcarries out development of any land orbuilding or institutes or changes the use ofany land or building in contravention of themaster plan or infrastructure plan or areadevelopment plan or notified developmentscheme or any plan sanctioned under theAct,-

(a) without permission as required underthe Act; or

(b) which is not in accordance with anypermission granted or in-contravention of anycondition subject to which such permissionhas been granted; or

(c) after the permission for developmenthas been duly revoked; or

(d) in-contravention of any permissionwhich has been duly modified;

Revoking ofDevelopmentPermission

Penalty forunauthorizeddevelopment

or for useotherwisethan in

conformitywith

sanctionedplans.

118 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bshall be punishable with imprisonment fora term which may extend to three years orwith a fine equivalent to twenty percent ofthe value of the land as fixed by theRegistration Department at the time ofundertaking the development of the land orbuilding or both, and in the case of acontinuing offence with a further daily finewhich may extend to fine equivalent to onepercent of the value of the land as fixed bythe Registration Department for everydayduring which such offence continues afterconviction for the first commission of theoffence.

(2) Any person who deals with thedevelopment of land or building by way ofsale or otherwise in contravention or withoutcompliance of the provisions of the Act orrules or regulations made therein shall bepunishable with imprisonment for a termwhich may extend to three years or with afine equivalent to twenty percent of the valueof the land in question as fixed by theRegistration Department at the time ofundertaking development of any land or bothand in the case of continuing the offencewith a further daily fine which may extendto fine equivalent to one percent of the valueof the land in question as fixed by theRegistration Department at the time ofundertaking development of any land forevery day during which such offencecontinues after conviction for the firstcommission of the offence;

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 119(3) Any person who continues to use or

allows the use of any land or building in-contravention of the provisions of the masterplan or any such plans sanctioned under theAct without being allowed to do so under theprovisions of the Act, or where thecontinuance of such use has been allowedunder the Act continues such use after theperiod for which the use has been allowedor without complying with the terms andconditions under which the continuance ofsuch use is allowed, shall be punished witha fine equivalent to ten percent of the valueof the land as fixed by the RegistrationDepartment at the time of undertaking thedevelopment of the land or building; and inthe case of a continuing offence, with afurther daily fine which may extend to fineequivalent to one percent of the value of theland as fixed by the Registration Departmentfor every day during which such offencecontinues after conviction for the firstcommission of the offence.

(4) Any person, who obstructs the entryof a person authorized under the provisionsof the Act, to enter into or upon any land orbuilding or molests such persons after suchentry, shall be punished with imprisonmentfor a term which may extend to six monthsor with fine which may extend to tenthousand rupees, or with both.

120 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B115. (1) Where any development of land orconstruction of building has beencommenced or is being carried on or hasbeen completed as indicated in sub-section(1) of section 114, the Commissioner, may,subject to the provisions of this section, serveon the owner a provisional order requiringthe person to demolish such unauthorizedconstruction or re-construction or work ordevelopment within a period specified tobring such construction or re-constructionof the building or work in conformity withthe provisions of the Act or as per sanctioneddevelopment permission or Rules or Bye-lawsmade there under and may also direct thatuntil the said order is complied with, theconcerned person shall refrain fromproceeding with such development orconstruction or re-construction of thebuilding or work:

Provided that, where the order requires thediscontinuance of any use of land, theCommissioner shall serve the order on theoccupier also.

(2) The Commissioner shall serve copyof the provisional order made under sub-section (1) on such person mentioned in sub-section (1) with an order requiring him toshow cause within a reasonable time to bespecified in such order as to why the ordershould not be confirmed.

(3) If the person mentioned in sub-section (1) fails to show cause to the

Power torequire

removal ofunauthorizeddevelopment.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 121satisfaction of the Commissioner, theCommissioner may confirm the order withsuch modification as he thinks fit and servethe Confirmation Order on such person andsuch order shall be binding on such person;and such person shall be liable for carryingout the orders of the Commissioner withinthe period specified in such confirmationorder.

(4) If within the period specified insuch confirmation order, the orderscontained therein are not carried out bysuch person, the Commissioner maydemolish such unauthorized construction orreconstruction or work and the expensesthereof shall be recoverable from the saidperson.

(5) No compensation shall be claimedby any person for any damage which he maysustain in consequence of the removal of anydevelopment or the discontinuance of thedevelopment.

(6) The provisions of this section shallbe in addition to and not in derogation ofany other provision relating to stoppage ofbuilding operation contained in any otherlaw for the time being in force.

(7) Any person aggrieved by an orderof the Commissioner made under sub-section(3) may, within fifteen days from the date ofreceipt of the order, prefer an appeal againstthe order to the Tribunal appointed undersection 118 of the Act.

122 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(8) Where an appeal is preferred under

sub-section (7) against an order made undersub-section (3), the Tribunal may stay theenforcement of the order on such terms, andfor such period, as it may think fit:

Provided that where the construction or re-construction of the building or the executionof the work has not been completed at thetime of the order made under sub-section(3), no order staying the enforcement of theorder made under that sub-section shall bemade by the Tribunal unless a surety,sufficient in the opinion of the said Tribunal,has been given by the appellant for notproceeding with such construction or re-construction or work pending the disposalof the appeal.

(9) Save as provided in this section, nocourt shall entertain any suit, appeal,application or other proceeding for injunctionor other relief against the Commissioner torestrain him from taking any action ormaking any order in pursuance of theprovisions of this section.

(10) Every order made by the Tribunalon appeal and, subject to such order, theorder made by the Commissioner under sub-section (3) shall be final and conclusive.

(11) Where no appeal has beenpreferred against an order made by theCommissioner under sub-section (3) or wherean order under that sub-section has beenconfirmed on appeal, whether with or

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 123without modification, the person againstwhom the order has been made shall complywith the order within the period specifiedtherein, or as the case may be, within theperiod, if any, fixed by the Tribunal on appeal,and on the failure of such person to complywith the order within such period, theCommissioner may himself cause the buildingor the work to which the order relates to bedemolished and the expenses of suchdemolition shall be recoverable from suchperson as an arrear of property tax under theAct.

116. (1) Where any development of land orconstruction of building as stated in sub-section (1) of section 114 is being carried outbut has not been completed, theCommissioner may serve on the owner andthe person carrying out the development, anorder requiring the development of land tobe discontinued from the time of the serviceof the order; and thereupon, the provisionsof sub-sections (1) to (4) of section 115 shallso far as may be applicable apply in relationto such order, as they apply in relation to theorder under section 115.

(2) Any person, who continues to carryout the development of land, whether forhimself or on behalf of the owner or any otherperson, after such order has been servedshall, be punished with a fine equivalent totwenty percent of the value of the land asfixed by the Registration Department at thetime of undertaking the development of the

Power tostop

unauthorizeddevelopment.

124 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bland or building, and in the case of acontinuing offence with a further daily finewhich may extend to fine equivalent to onepercent of the value of the land as fixed bythe Registration Department for every dayafter the date of the service of the orderduring which the non-compliance hascontinued or continues.

(3) Where such developments are notdiscontinued in pursuance of the orderunder sub-section (1), the Commissioner orthe officer of the authority or the competentauthority as the case may require any policeofficer to remove the person by whom thedevelopment has been commenced and allhis assistants and workmen from the placeof development within such time as may bespecified in the requisition and such policeofficer shall comply with the requisitionaccordingly.

(4) It shall be lawful for the Authorityor the Commissioner, as the case may be, atany time, before or after making an order forthe removal or discontinuance of anyunauthorized development or constructionunder the provisions of the Act, to make anorder directing the sealing of suchdevelopment or property or taking theassistance of the police, for the purpose ofcarrying out the provisions of the Act.

(5) Where any development or propertyhas been sealed, the Authority or theCommissioner, as the case may be, may, forthe purpose of removing or discontinuing

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 125such development or property, order suchseal to be removed.

(6) Any person aggrieved by an order ofthe Commissioner made under sub-section(4) may, within seven days from the date ofthe order, prefer an appeal against the orderto the Tribunal appointed under section 118.

(7) Where an appeal is preferred undersub-section (6) against an order made undersub-section (4), the Tribunal may stay theenforcement of the order on such terms, andfor such period, as it may think fit.

(8) Save as provided in this section, nocourt shall entertain any suit, appeal,application or other proceeding for injunctionor other relief against the Commissioner torestrain him from taking any action ormaking any order in pursuance of theprovisions of this section.

(9) Every order made by the Tribunal onappeal and, subject to such order, the ordermade by the Commissioner under sub-section (4) shall be final and conclusive.

(10) Where no appeal has been preferredagainst an order made by the Commissionerunder sub-section (4) or where an orderunder that sub-section has been confirmedon appeal, whether with or withoutmodification, the Commissioner shall takeaction to implement the order made undersub-section (4).

126 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(11) No person shall remove such seal

except under an order made by the Authorityor the Commissioner.117. Any expenses incurred by theCommissioner under sections 115 and 116of the Act shall be a sum due to the Authorityunder the Act from the person in default orthe owner of the plot.118. (1) The Government shall appoint aBuilding Tribunal or Tribunals (hereinafterreferred to as ‘the Tribunal’) to hear anddecide appeals arising out of matters referredto in sections 114, 115, and 116 and toadjudicate the offences relating tocontravention of provisions of the Act inaccordance with such procedure, and torealize such fees or fines in connection withsuch appeals as may be prescribed.

(2) The Tribunal shall consist of aChairman and such number of othermembers, not exceeding six as thegovernment may determine. The membersshall consist of judicial and technicalmembers.

(3) The Chairman may constitute oneor more benches, each bench comprising ofat least two members, one of whom shall bea judicial member and another technicalmember.

(4) The Chairman or the judicialmember shall be a person who is or has beena member of the Andhra Pradesh StateJudicial Service, having such experience asmay be prescribed.

Recovery ofexpensesincurred.

Constitutionof buildingtribunal.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 127(5) A technical member shall be a

person who is working or retired in the cadreof Director of Town and Country Planning inAndhra Pradesh Town Planning Service.

(6) The Chairman and other membersof the Tribunal shall be appointed by thegovernment for such period and on suchterms and conditions, as the governmentmay determine and shall be paid from theDevelopment Fund.

(7) The government may, if it thinksfit, remove for reasons of incompetence ormisconduct or for any other compelling orsufficient reason the Chairman or any othermember of the Tribunal.

(8) The Tribunal shall have anestablishment consisting of such officers andemployees, appointed on such terms andconditions, as may be prescribed, and theexpenses of the Tribunal shall be paid out ofthe development fund.

(9) The provisions of Part II and III ofthe Limitation Act 1963 relating to appealshall apply to every appeal preferred underthis section.

(10) No court shall have jurisdiction inany matter for which provision is made inthis Chapter for appeal to the Tribunal.

Central ActNo.36 of1963.


CHAPTER XII

PROVISIONS RELATING TO LEVY,ASSESSMENT AND RECOVERY OF FEE

AND CHARGES

119. (1) Subject to the provisions of the Actand rules made there under, the Authorityshall levy a charge, hereinafter calleddevelopment charge on,-

(a) the change of use of land or buildingor both;

(b) the carrying out of development ofany land or building or both;

(2) The rates of development charges,their manner of assessment and recoveryshall be such as may be prescribed.

(3) Notwithstanding anything containedin sub-section (1) no development chargesshall be levied, in case of operationalconstruction undertaken by the CentralGovernment Departments and the StateGovernment Departments.

120. (1) Any person who intends to carryout any development or institution of any useor change of use of any land or building forwhich permission is required under the Act,whether he has applied for such permissionor not, and any person who commenced orcarrying out such development or instituted

Levy ofdevelopment

charges.

Assessmentand recovery

ofdevelopment

charges.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 129or changed any such use shall apply to theCommissioner, within such time and in suchmanner as may be prescribed, for theassessment of development charges payablein respect thereof.

(2) The Commissioner shall afterreceipt of any application for DevelopmentPermission or if no such application is made,serve a notice on the person liable to suchpayment, intimate in writing thedevelopment charges to be levied and fix adate by which such payment shall be made.

(3) The development charges payablein respect of any land and/or building byany person shall be a first charge on suchland and/or building, subject to thecondition that there is no change in use oractivity or additions or extensions in whichcase fresh development charges areapplicable.

(4) The Commissioner may allow thedevelopment charges to be remitted in phase-wise manner in case of phase-wisedevelopment, subject to the payment of thedevelopment charges as per the prevailingrates as on the date of release of phase wisepermission.

(5) The development charges includingthe penal interest for the delayed paymentup to the date of realization shall be collectedfrom such person or his successor-in-interestin such land and/or building as arrears ofland revenue. For calculating the penal

130 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Binterest, such interest rates as being leviedby the State Bank of India shall be adopted.

121. (1) In order to recover fully or partly,the capital and operation and maintenanceexpenditures incurred or likely to beincurred for the provision of utilities,amenities, services or facilities, includingexternal trunk and other infrastructureprovided by the Authority, the Authority maylevy and collect a charge from the users,hereinafter called the user charges.

(2) The amount of user charges to belevied and its manner of assessment shallbe as may be prescribed.

(3) The Authority may assign, on suchterms and conditions, as may be agreedupon, the task of providing and maintainingany utility, amenity, service or facility, withinthe area of its jurisdiction, to any person orlicensed developer or agency including anassociation or body of individuals, whethercorporate or not and permit them to collectsuch user charges from such beneficiariesand subject to such terms and conditions asmay be prescribed.

(4) The provisions of section 120relating to assessment and recovery ofdevelopment charges above shall mutatismutandis apply to this section.

122. The Authority may levy specific cessfor the implementation of specific capitalinfrastructure projects and upon suchterms and conditions as may be prescribed.

Levy of usercharges.

To levyspecific cessfor capital

infrastructureprojects.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 131123. (1) The Authority may levy abetterment charge or impact fee or UrbanInfrastructure Fee as prescribed to capturesome share of the increase in valuation thatis likely to accrue to land owners due to anew development proposed or implementedby the Authority or Government or a thirdparty.

(2) The Authority may also levy thespecial impact fee in addition to the otherfee and charges on the developments withinthe vicinity areas of the Land Pooling Schemeor Town Planning Scheme or new roadformation or any other development proposedor implemented.

CHAPTER XIII

LAND AND PROPERTY RELATEDPROVISIONS

124. The Authority may acquire anymovable or immovable property by purchase,exchange, gift, lease, mortgage, negotiatedsettlement, or by any other meanspermissible under any law.

125. The Authority may acquire land bymutual agreement by paying such amountand also on such other terms and conditionsas may be agreed upon through negotiatedsettlement in such manner as may beprescribed.

To levybettermentcharge orimpact fee

etc, tocapturevalue.

Acquisitionof Property

by theAuthority.

Acquisitionof Land byNegotiatedSettlement.

132 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B126. Any land required, reserved ordesignated in any development plan shall bedeemed to be the land needed for publicpurpose within the meaning of the Right toFair Compensation and Transparency inLand Acquisition, Rehabilitation andResettlement Act, 2013 and may be acquiredby the Government on the request by theAuthority or other authority or functionalunit.

127. The Authority shall create andmaintain a Capital Region Land DevelopmentBank in which all lands acquired, allotted,purchased or obtained through any modeshall be maintained, protected and used forthe furtherance of the objectives of the Act.

128. (1) The Authority shall have the firstright of alienation of Government landswithin the capital region and such land whichmay be required by the Authority shall betransferred to the Capital Region LandDevelopment Bank.

(2) The Government by specific ordersand on such terms and conditions as maybe agreed upon between the Government andthe Authority, place at the disposal of theAuthority any developed and undevelopedGovernment lands situated within the capitalregion for the purpose of development.

(3) Any lands assigned by Governmentmay be taken over by the Authority as perprescribed procedure for undertaking

Power toAcquire Landunder Act No.30 of 2013.

Creation andManagement

of LandDevelopment

Bank.

Transfer ofGovernmentLand to theAuthority.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 133development schemes or for development ofpublic utilities, amenities and facilities uponpayment of compensation decided by theDistrict Collector.

129. The Authority may, with the consentof the owner, acquire land for publicpurposes, for providing infrastructure,amenities and facilities by way of accordingTransferable Development Rights throughissue of Development Right Certificate in lieuof payment towards cost of land in suchmanner as may be prescribed:Provided that the Transferable DevelopmentRights may be arrived at on the basis ofrelative land values and equivalent amountof both export and import areas as per theRegistration Department records. SuchTransferable Development Right may beutilized as additional built space by the ownerwho can use this either by himself or transferit to any other person in full or in part foruse in a less developed area as prescribed,or offset the money against the fees andcharges payable for development permissionor building sanction subject to fulfillment ofall other rules and standing orders governedfor construction of buildings.

130. Any land acquired by the Governmentand transferred to the Authority or anyGovernment land alienated to the Authority,with or without development thereon, or anyother immovable property belonging to theAuthority, may be disposed of by the

Acquisitionof Land by

TransferableDevelopment

Rights.

Disposal ofLand and

OtherProperty by

theAuthority.

134 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-BAuthority in accordance with standing ordersmade for the purpose in this behalf.

CHAPTER XIV

MISCELLANEOUS

131. (1) The Authority shall have theexclusive right to the use of such symbol orrepresentation as it may select or devise(referred to in this section as the Authority’ssymbol) and thereafter display or exhibit inconnection with its activities or affairs.

(2) A person who without thepermission of the Authority uses a symbolor representation identical with that of theAuthority’s symbol, or which so resemblesthe Authority’s symbol as to or be likely todeceive or cause confusion shall be guilty ofan offence and shall be liable on convictionto a fine not exceeding Rs.10,000 or toimprisonment for a term not exceeding 6months or to both.

132. (1) The Authority or any employeethereof authorised by the Authority in thatbehalf may, for the purpose of obtainingstatistical information, by notice, in themanner given in section 133, require anyperson to furnish to the Authority or theemployee so authorised, within such periodas shall be specified in the notice, all suchparticulars or information relating to all suchmatters as may be required by the Authority

Authority’sSymbol.

Furnishing ofinformation.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 135and as are within knowledge of that personor in his custody or under his control.

(2) Any person who on being requiredby notice under this section to furnish anyparticulars or information,-

(a) wilfully refuses or without lawful excuse(the proof of which lies on him) neglects tofurnish the particulars or information withinthe time specified in the notice; or(b) wilfully furnishes or causes to befurnished any false particulars or informationin respect of any matter specified in thenotice requiring particulars or information tobe furnished, shall be guilty of an offenceand shall be liable on conviction to a fine notexceeding Rs.10,000 or to imprisonment fora term not exceeding 6 months or to both.

(3) Nothing in this section authorises theAuthority, or any employee thereofauthorised by the Authority in that behalf,to require the any Government departmentto furnish to the Authority or the employeeso authorised any particulars or informationin the possession of the department obtainedin the performance of any of its functions.

133. (1) Subject to sub-section (5), a noticemay be served in the following manner:

(a) in the case of an individual,-

(i) by delivering it to the individualpersonally,-

Service ofnotice.


(ii) by leaving it with an adult personapparently resident at, or by sending it bypre paid registered post to, the usual or lastknown address of the place of residence ofthe individual;

(iii) by leaving it with an adult personapparently employed at, or by sending it bypre paid registered post to, the usual or lastknown address of the place of business ofthe individual;

(iv) by affixing a copy of the notice in aconspicuous place at the usual or last knownaddress of the place of residence or place ofbusiness of the individual; or

(v) by electronic communication, bysending an electronic communication of thenotice to the last email address given to theAuthority by the individual as the emailaddress for the service of documents on theindividual;

(b) in the case of a partnership otherthan a limited liability partnership,-

(i) by delivering it to any one of thepartners or the secretary or other like officerof the partnership;

(ii) by leaving it at, or by sending it bypre paid registered post to, the principal or


last known place of business of thepartnership in India;

(iii) by sending it by facsimiletransmission to the fax transmission numberoperated at the principal or last known placeof business of the partnership in India; or

(iv) by electronic communication, bysending an electronic communication of thenotice to the last email address given to theAuthority by the partnership as the emailaddress for the service of documents on thepartnership; and

(c) in the case of any limited liabilitypartnership or any other body corporate,-

(i) by delivering it to the secretary orother like officer of the body corporate or, inthe case of a limited liability partnership, themanager thereof, or to any person having,on behalf of the limited liability partnershipor other body corporate, powers of control ormanagement over the business, occupation,work or matter to which the notice relates;

(ii) by leaving it at, or by sending it bypre paid registered post to, the registeredoffice or principal place of business of thelimited liability partnership or other bodycorporate in India;


(iii) by sending it by facsimiletransmission to the fax transmission numberoperated at the registered office or principalplace of business of the limited liabilitypartnership or other body corporate in Indiaor elsewhere; or

(iv) by electronic communication, bysending an electronic communication of thenotice to the last email address given to theAuthority by the limited liability partnershipor other body corporate as the email addressfor the service of documents on the limitedliability partnership or body corporate.

(2) If the person on whom service is tobe effected has an agent within India, thenotice may be delivered to the agent.

(3) Any notice which is to be served onthe occupier of any premises,-

(a)may be served by delivering it to anadult person on the premises or, if there isno such person on the premises to whom itcan with reasonable diligence be delivered,by affixing the notice to a conspicuous partof the premises; and

(b)shall be deemed to be properlyaddressed if addressed by the description ofthe occupier of the premises without furthername or description.


(4) Where any notice is required to beserved on any person is,-

(a) sent by registered post to any person,it shall be deemed to be duly served on theperson at the time when it would, in theordinary course of post, be delivered, whetheror not it is returned undelivered, and inproving service of the notice, it shall besufficient to prove that the envelopecontaining the same was properly addressed,stamped and posted by registered post;

(b) sent by ordinary post to any person,it shall be deemed to be duly served on theperson to whom it is addressed on the daysucceeding the day on which it would, in theordinary course of post, be delivered;

(c) sent by a facsimile transmission tothe fax transmission number operated at thelast known place of residence or business orregistered office or principal place ofbusiness, it shall be deemed to be duly servedon the person to whom it is addressed onthe day of transmission, subject to receipton the sending facsimile machine of anotification (by electronic or other means) ofa successful transmission to the place ofresidence or business or registered office orprincipal place of business, as the case maybe; and


(d) sent by electronic communication toan email address, it shall be deemed to beduly served on the person to whom it isaddressed at the time of entering theinformation system addressed to the emailaddress.

(5) Service of any notice under thissection on a person by electroniccommunication may be effected only if theperson gives as part of his or its address forservice an email address.134. (1) The Commissioners of Police orSuperintendents of police in the capitalregion shall provide necessary aid to theCommissioner for carrying into effect andenforcing the provisions of this Act and forthe maintenance of good public order.

(2) On receipt of complaint from theAuthority any police officer, may arrest anyperson who commits in his view any offenceagainst this Act or against any rule,regulation or standing order madethereunder.

(3) No person so arrested shall bedetained in custody without the order of thenearest Magistrate for a period longer thantwenty four hours from the time of arrestexclusive of the time necessary for thejourney from the place of arrest to the courtof such Magistrate.

(4) It shall be the duty of all policeofficers, to give immediate information to the

Powers andduties of

policeofficers.


Commissioner of the commission of, or theattempt to commit any offence against thisAct or any rule, regulation or standing ordermade thereunder and to assist all employeesof the Authority in the exercise of their lawfulauthority.

135. (1) Notwithstanding anythingcontained in the Andhra Pradesh TownPlanning Act, 1920 or Greater HyderabadMunicipal Corporation Act, 1955 or theAndhra Pradesh Municipalities Act, 1965,or the Andhra Pradesh Urban Areas(Development) Act, 1975 or VijayawadaMunicipal Corporation Act, 1981 or AndhraPradesh Municipal Corporations Act, 1994;the Andhra Pradesh Panchayat Raj Act, 1994or any other law, the provisions of this Actshall have an over-riding effect over all suchlaws. This Act is in addition, but notderogatory to other laws.

(2) Development permission, NoObjection Certificate or other clearancesgiven under the Act shall be construed tobe for the purposes of planned developmentand shall in no way either confer ownershiprights under the relevant laws or affectownership under the land revenue laws. TheAuthority shall stand absolved of anyownership disputes or discrepancies.

(3) Once development permission isgiven, the right to develop the land in thatway can be exercised by anyone acquiring

Effect ofother laws.

142 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Band occupying the land and is not restrictedto the person making the application unlessa specific condition is incorporated in thegrant of the development permission.

(4) Notwithstanding anythingcontained in any other law,—

(a) When permission for developmentin respect of any land [for layout or sub-division of plot or construction] or buildingor institution or change of use of any land orbuilding has been obtained under the Act,such development shall not be deemed tobe unlawfully undertaken or carried out byreasons only of the fact that permission,approval or sanction required under suchother law for such development has not beenobtained.

(b) When permission for development inrespect of any land [for layout or sub-divisionof plot or construction] or building orinstitution or change of use of any land orbuilding has not been obtained under theAct, such development shall not be deemedto be lawfully undertaken or carried out byreasons only of the fact that permission,approval or sanction required under suchother law for such development has beenobtained.

136. Every public notice given under theAct or rules or standing orders made thereunder shall be in writing and shall be widelymade known in the locality to be affected

Public Noticehow to be

made known.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 143thereby affixing copies thereof in conspicuouspublic places within the said locality, bypublishing it in the official web portal of theAuthority, and by advertisement in one ormore local newspapers.

137. Where any notice, order or otherdocument issued or made under the Act orany rule or standing order made thereunderrequires anything to be done for the doing ofwhich no time is fixed in this Act or rule orstanding order made thereunder, the notice,order or other document shall specify areasonable time for doing the same.

138. Any person who obstructs or molestsor hinders an officer or agent of the Authorityacting in the discharge of his duty under thisAct or any regulations made thereunder shallbe guilty of an offence and shall be liable onconviction to a fine not exceeding Rs.10,000or to imprisonment for a term not exceeding3 months or to both.

139. (1) No prosecution for any offencepunishable under this Act shall be institutedexcept with the previous sanction of theCommissioner.

(2) No Court inferior to that of aMagistrate of the first class shall try anoffence punishable under this Act. Anyproceedings in respect of an offence underthis Act or any regulations made thereundershall be tried summarily.

Notices, etcto fix

reasonabletime.

Obstructingofficers ofAuthority.

Prosecution,Magistrate’spower etc.

144 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(3) Notwithstanding anything

contained in section 32 of the Code ofCriminal Procedure, 1973, it shall be lawfulfor any court of a Magistrate of the first classto pass any sentence authorised by this Actin excess of its power under the said section.

140. Where the Authority provides a serviceto the public whereby information is suppliedto the public on payment of a prescribed fee,neither the Authority nor any of itsemployees involved in the supply of suchinformation shall be liable for any loss ordamage suffered by members of the publicby reason of any error or omission of whatevernature appearing therein or however causedif made in good faith and in the ordinarycourse of the discharge of the duties of suchemployees.

141. Where an offence under this Act orany regulations made there under iscommitted by a body corporate and it isproved to have been committed with theconsent or connivance of or to be attributableto an act or default on the part of a director,manager, secretary or other similar officer ofthe body corporate, or a person who waspurporting to act in any such capacity, he,as well as the body corporate, shall be guiltyof that offence and shall be liable to beproceeded against and punished accordingly.

142. All fines imposed for an offence underthis Act or any regulations made there under

Act No. IIof 1974.

Exclusion ofliability for

errors oromissions ininformation

supplied.

Offence bybody

corporate.

Fines to bepaid to

Authority.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 145shall be paid into the development fund ofthe Authority.

143. (1) The Authority may, in its discretion,compound any offence under this Act or anyregulations made there under which isprescribed as a compoundable offence bycollecting from a person reasonablysuspected of having committed the offence asum not exceeding Rs.5,000.

(2) On payment of such sum of money,no further proceedings shall be taken againstthat person in respect of the offence.

(3) The Authority may, with theapproval of the Government, makeregulations to prescribe the offences whichmay be compounded.

(4) All sums collected under thissection shall be paid to the Authority.

144. (1) Notwithstanding the provisions ofthis Act, the Government may by orderexempt any person or class of persons fromall or any of the provisions of this Act.

(2) Any order made under this sectionshall be presented to State Legislature assoon as possible after publication in theofficial Gazette.

145. When any difference of opinion arisesin regard to any interpretation of theprovisions of the Act or the rules or standingorders made thereunder or any other law and

Compoundingof offences.

Exemption.

Interpretationof the Act.

146 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-Bthe interpretation and the decision of theGovernment thereon shall be final.

146. No suit, prosecution or the proceedingshall lie against the Government orAuthority or officer or person for any act doneor purporting to be done under or inpursuance of the Act or the rules or standingorders made there under.

147. On the constitution of the Authority,administration to the extent relating to theprovisions made in the Act shall cease to beunder the control and jurisdiction of a Localbody.

148. (1) The Government may, byNotification, in the manner as prescribed,declare such of the outer area adjacent tothe capital region, consisting of such villagesor at a distance specified along the boundaryof the capital region, to be the periphery areaof the Authority as it deems fit.

(2) On declaration of an area undersub-section (1) as a periphery area,-

(a) The Capital Region DevelopmentAuthority constituted under the Act shallalso be Authority for the periphery area; and

(b) The powers and functions of theAuthority, the Executive Committee and theCommissioner shall extend to the peripheryarea.

Bar of Legalproceeding.

Boundary tobe out of

jurisdictionand

cessation ofpowers of

local bodiesin the capital

region.

Peripheryarea of the

capitalregion.

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 147(3) In order to regulate the developments inthe periphery area, the Authority mayprepare separate development plans for theperiphery area in accordance with theprovisions of the Act.

149. (1) Where the Government are satisfiedthat the purposes for which an Authority isconstituted under the Act, has beensubstantially achieved so as to render thecontinued existence of the Authority in theopinion of the Government unnecessary, theGovernment may by Notification, declare thatthe said Authority shall be dissolved witheffect on and from such date as may bespecified in the notification; and the Authorityshall be deemed to be dissolved accordingly.

(2) From the said date,-(a) all properties, funds and dues which

are vested in or realizable by the Authorityshall vest in, or be realizable by theGovernment;

(b) all Government vacant lands placedat the disposal of the Authority shall revertto the Government;

(c) all liabilities which are enforceableagainst the Authority shall be enforceableagainst the Government; and

(d) For the purposes of carrying out anydevelopment which has not been fully carriedout by the Authority and for the purposes ofrealizing properties, funds and dues referredto in clause (a) the functions of the Authorityshall be discharged by the Government.

Dissolutionof the

authority bythe

government.

148 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B150. The confidentiality in respect of designsfor execution of the project are confidentialand the Authority under this Act shall haveexclusive Intellectual Property Rightsthereon.

151. The Government may, by notificationdelegate one or more of its functions andpowers specified in sections starting fromsections 61 to section 107 to the Authority.

152. The provisions set out in the FourthSchedule with respect to the transfer ofassets, liabilities, functions and employeesof the former Authority, and transitional andsavings provisions in the Fifth Schedule shallhave effect.

Confidentialityand

intellectualpropertyrights.

Delegation ofpowers by

Government.

Transitionalprovisions.


FIRST SCHEDULE(see Section 5)

PROCEEDINGS OF THE AUTHORITY

1. Temporary Chairman or Vice-Chairman.The Chairman may appoint Vice-Chairmanto be temporary Chairman or any memberto be temporary Vice-Chairman during thetemporary incapacity from illness orotherwise, or during the temporary absencefrom India of the Chairman or the Vice-Chairman, as the case may be.

2. Vacation of office of member.The office of a member shall be vacated if themember becomes in any manner disqualifiedfor membership of the Authority.

3. Disqualification from membership.No person shall be appointed or shallcontinue to hold office as a member if he,-

(a) is mentally disordered and incapable ofmanaging himself or his affairs; or

(b) is an undischarged bankrupt or has madeany arrangement or composition with hiscreditors; or

(c) is convicted of an offence.

4. Member’s interest to be made known,-(1) A member who is in any way, directly orindirectly, interested in a transaction or


project of the Authority shall disclose thenature of his interest at the first meeting ofthe Authority at which he is present afterthe relevant facts have come to his knowledge.

(2) A disclosure under sub-section (1) shallbe recorded in the minutes of the meeting ofthe Authority and, after the disclosure, thatmember,-

(a) shall not take part in any deliberation ordecision of the Authority with respect to thattransaction or project; and

(b) shall be disregarded for the purpose ofconstituting a quorum of the Authority forsuch deliberation or decision.

(3) No act or proceedings of the Authorityshall be questioned on the ground that amember has contravened this section.

5. Meetings of Authority .—(1) TheChairman shall summon meetings as oftenas may be required but not less than once in3 months at such place within thejurisdiction of the Authority and at such timeas the Chairman may decide.

(2) The quorum at every meeting of theAuthority shall be one-third of the totalnumber of members or 3 members,whichever is the higher.


(3) Decisions at meetings of the Authorityshall be adopted by a simple majority of thevotes of the members present and voting; andin the case of an equality of votes, theChairman or in his absence the Vice-Chairman shall have a casting vote.

(4) The Chairman or in his absence the Vice-Chairman shall preside at meetings of theAuthority.

(5) The Authority may act notwithstandingany vacancy in its membership.

(6) Subject to the provisions of this Act, theAuthority may make standing orders toregulate its own procedure, and, inparticular, the holding of meetings, thenotice to be given of such meetings, theproceedings thereat, the keeping of minutesand the custody, production and inspectionof such minutes.

6. Validity of acts of members. The acts ofa member shall be valid notwithstanding anydefect that may afterwards be discovered inhis appointment or qualifications.


SECOND SCHEDULE(see Section 11 and Section 12)POWERS OF THE AUTHORITY

1. Powers of the Authority:

(a) To carry out or assist in carrying out anyproject in connection with development ofcapital city and urban development in capitalregion.

(b) To grant loans or advances to a companyor corporation carrying on or intending tocarry on urban development in capital regionor having one or more of its objects connectedwith or related to one or more of the functionsimposed on the Authority under this Act.

(c) To manage, control or supervise suchcompany or corporation by nominatingdirectors or advisers or otherwisecollaborating with them or entering intopartnerships or any other arrangement forjointly working with them.

(d) To approve plans.

(e) To enter into any joint venture orarrangement with the Government for thesharing of revenues or otherwise for thepurposes of this Act.

(f) To subscribe to stocks, shares, bonds ordebentures of a company or corporation.


(g) To acquire, hire, procure, construct, erect,manufacture, provide, operate, maintain orrepair anything, whether movable orimmovable, required by the Authority for thepurposes of this Act.

(h) To enter into contracts, covenants, bonds,deeds or agreements or prepare documentsof every kind for the purposes of this Act.

(i) Subject to rules which may be made bythe Government under this Act, to imposesuch charges or fees as the Authority maydetermine for the provision ofaccommodation, services or works, or the useof buildings, recreational grounds,equipment, amenities or facilities provided,maintained, controlled or operated by theAuthority.

(j) To do anything for the purpose ofadvancing the skill of persons employed bythe Authority, or of the efficiency of theequipment of the Authority, or of the mannerin which that equipment is operated,including the provision by the Authority andthe assistance of the provision by orders orfacilities for training, education and research.

(k) To provide houses, hostels and other likeaccommodation, including convalescent orholiday houses, club houses and playingfields, for persons employed by the Authority.

154 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B(l) To make or guarantee loans to any personemployed by the Authority for the purposeof purchasing a vehicle, building a house,purchasing a plot of land on which to build ahouse or purchasing a house for the use ofthat person or for the residential use of hisfamily.

(m) To award scholarships or to give loans toany employee of the Authority or any memberof his family for purposes specifically approvedby the Authority.

(n) To approve the schedule of taxes of variouscategories by whatsoever name known as wellas the annual budget for capital region.

(o) Any other decision or acts which are inconsonance with the purposes of this Act.

2. Powers of the Executive Committee.(a) to vet the schedule of taxes of variouscategories by whatsoever name known andthe annual budget.

(b) to study and approve all mattersrelating to development fund, resourcemobilisation proposals, financialstructures, investment plans, and suchother matters before being placed beforethe Authority.

(c) to associate with experts ororganizations, public or private, for

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 155assistance or advice on payment of feesas decided.

(d) to review performance of companies,SPVs or such other joint venture entitiesformed under this Act.

(e) to scrutinize plans, developmentschemes, land acquisition proposals anddevelopment regulations before approval.

3. Powers of commissioner:

(a) to execute all projects approved byAuthority or Executive Committee andtake all day to day decisions necessaryfor execution of projects;

(b) to prepare the agenda for the meetingsof Executive Committee and Authority;

(c) to setup Commissioner’s office withappropriate number of persons;

(d) to prepare and scrutinize projects andinvestment plans for any value and submitthem for approval in accordance with theprovisions of this Act;

(e) to engage professional service providersand experts in accordance with theprovisions of this Act to help implementthe activities of the Authority;

(f) to review the operational progress ofvarious departments against projectdeliverables and initiatives takenperiodically;


(g) to arrange for delegation of the powersof the Authority vested under this Act tothe respective local bodies and the staffworking in the Authority duly obtainingthe approval of the Authority or ExecutiveCommittee;

(h) to prepare annual budget for theAuthority and schedule of taxes of variouscategories by whatsoever name known.

(i) to prepare the plans, land acquisitionproposals or development schemes andimplement them after approval.

(j) to conceptualise and prepare plans,procure contractors, manage contractsand raise financial resources for thedevelopment projects of the capital cityarea;

(k) to ensure compliance of approvedplans, schemes and projects by the localbodies

(l) to issue directions to a body ordepartment or functional agency or personor special purpose vehicle with regard tothe implementation of any developmentproject or scheme financed under this Act,or development regulations, orundertaking survey, demarcation anddevelopment of roads, right-of-way forfacilities, protection of open spaces oramenities as deemed fit, and any suchAuthority or person shall be bound tocomply with such directions;

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 157(m) notwithstanding anything containedin any other law for the time being inforce, every such direction shall becomplied with by the body or departmentor functional agency or person to whomit is issued:

Provided if such person fails to carry out hisdirections, it shall be competent for theCommissioner to take necessary action tocarry out the directions issued under sub-section (2) and recover expenses, if anyincurred from the person/body concerned;

(n) to supervise and manage the urban civicand utility services in the capital city area;

(o) to administer development fund inaccordance with the provisions of the Act;and

(p) to undertake any other activity incidentalor necessary to further the interests of theauthority, duly recording the reasonsthereto.


THIRD SCHEDULE(See Section 35)

FINANCIAL PROVISIONS

1. The financial year of the Authority shallbegin on 1st April of each year and end on31st March of the succeeding year, exceptthat the first financial year of the Authorityshall begin on the date of enactment and shallend on 31st March 2015.

2. The Authority shall keep proper accountsand records of its transactions and affairs andshall do all things necessary to ensure thatall payments out of its moneys are correctlymade and properly authorised and thatadequate control is maintained over theassets of, or in the custody of, the Authorityand over the expenditure incurred by theAuthority.

3. (1) The accounts of the Authority shall beaudited by the Accountant-General or suchother auditor as may be appointed annuallyby the Government in consultation with theAccountant-General.(2) A person shall not be qualified forappointment as an auditor under sub-paragraph (1) unless he is an approvedcompany auditor under the Companies Act,2013.

Act No. 30 of2013.


4. The remuneration of the auditor shall bepaid out of the funds of the Authority.

5.The Authority shall, as soon as practicablebut not later than 31st July in every year,prepare and submit the financial statementsin respect of the preceding financial year tothe auditor who shall audit and report onthem.

6. (1) The auditor shall in his report state,-

(a) whether the financial statements showfairly the financial transactions and the stateof affairs of the Authority;(b) whether proper accounting and otherrecords have been kept, including records ofall assets of the Authority whetherpurchased, donated or otherwise;(c) whether the financial statements areprepared on a basis similar to that adoptedfor the preceding year;(d) whether the financial statements are inagreement with the accounting and otherrecords;(e) whether the receipts, expenditure,investment of moneys, and the acquisitionand disposal of assets by the Authorityduring the financial year have been inaccordance with this Act; and(f) such other matters arising from the auditas he considers should be reported.


(2) The auditor shall send an annual reportof his audit to the Authority not later than30th September in each year.

7. The auditor may at any other time reportto the Government through the Authorityupon any matter arising out of theperformance of his audit.

8. The Accountant-General or any person asmay be appointed by him in connection withthe audit of accounts of the Authority shallhave the same rights, privileges and authorityin connection with such audit as theAccountant-General has in connection withthe State Government accounts and inparticular shall have the right to, at allreasonable times, full and free access to allaccounting and other records relating, directlyor indirectly, to the financial transactions ofthe Authority.

9. The auditor or a person authorised byhim may make copies of or extracts from anysuch accounting and other records.

10. The auditor may require any person tofurnish him with such information in thepossession of that person or to which thatperson has access as the auditor considersnecessary for the purposes of his functionsunder this Act.


11. Any person who fails without anyreasonable cause to comply with anyrequirement of the auditor under paragraph10 or who otherwise hinders, obstructs ordelays the auditor in the performance of hisfunctions under this Act shall be guilty of anoffence and shall be liable on conviction to afine not exceeding Rs.10,000 and, in the caseof a continuing offence, to a further fine notexceeding Rs.1000 for every day duringwhich the offence continues after conviction.

12. As soon as the accounts of the Authorityand the financial statements have beenaudited in accordance with the provisions ofthis Act but not later than 30th September ineach year, a copy of the audited financialstatements signed by the Commissioner andcertified by the auditor, together with a copyof any report made by the auditor, shall besubmitted to the Government.

13. Where the Accountant-General is notthe auditor of the Authority, a copy of theaudited financial statements and any reportmade by the auditor shall be forwarded tothe Accountant-General at the same timethey are submitted to the Authority.

14. The Government shall as soon aspracticable cause a copy of the auditedfinancial statements and of the report of theauditor to be presented to State Legislature.


FOURTH SCHEDULE(See Section 152)

TRANSFER OF ASSETS, LIABILITIES,FUNCTIONS AND EMPLOYEES

1. Dissolution of former Authority.As fromthe date of enactment of the Act, the formerAuthority shall cease to exist.

2. Transfer of assets and liabilities. As fromthe date of enactment of the Act all the lands,buildings and other property movable andimmovable, vested in the former Authorityimmediately before that date and all assets,rights and interests vested in, and alloutstanding debts, liabilities and obligationsincurred by, the former Authority inconnection therewith, shall be transferred toand shall vest in the Authority withoutfurther assurance.

3. Existing agreements, etc. All deeds,bonds, agreements, instruments and workingarrangements, subsisting immediately beforethe date of enactment of the Act, affectingany of the property, rights, interests,liabilities and obligations transferred to orvested in the Authority under this Act shallcontinue in force on and after that date andshall be enforceable by or against theAuthority as if, instead of the former

December 30, 2014] ANDHRA PRADESH GAZETTE EXTRAORDINARY 163Authority or a person acting on behalf of theformer Authority, the Authority had beennamed therein or had been a party thereto.

4. Pending legal proceedings. (1) Anyproceedings or cause of action pending orexisting immediately before the date ofenactment of the Act by or against the formerAuthority or any person acting on its behalf,may be continued and shall be enforced byor against the Authority.

(2) Sub-para (1) shall not apply to anyproceedings or cause or action relating to anysums of money paid, or payable by way ofinstalments, to the former Authority.

5. Transfer of employees. (1) As from dateof enactment of the Act, every person whoimmediately before that date is employed bythe former Authority, may be transferred tothe Authority subject to the satisfaction ofthe Authority of such persons possessing therequired skills and experience.

(2) Notwithstanding any thing contained insub-para (1), Government shall have right toredeploy persons under the employment ofthe former Authority to other similarAuthorities or to other local bodies in theState or to any other government departmentor agency.


6. Conditions of service. (1) Until such timeas terms and conditions of service are drawnup by the Authority, the schemes and termsand conditions of service of the formerAuthority shall continue to apply to everyperson transferred to the service of theAuthority under this Act as if he were still inthe service of the former Authority.

(2) The terms and conditions to be drawnup by the Authority shall take into accountthe salaries and terms and conditions ofservice, including any accrued rights to leave,enjoyed by the persons transferred to theservice of the Authority under this Act whilein the employment of the former Authorityand any such term or condition relating tothe length of service with the Authority shallprovide for the recognition of service underthe former Authority by the person sotransferred to be service by them under theAuthority.

7. Pension benefits. (1) Nothing in the termsand conditions to be drawn up by theAuthority shall adversely affect theconditions that would have been applicableto persons transferred to the service of theAuthority as regards any pension, gratuityor allowance payable to them.


(2) Where any person in the service of theAuthority whose case does not come withinthe scope and effect of any pension or otherschemes referred to under this section,retires or dies in the service of the Authorityor is discharged from such service, theAuthority may grant to him or to such otherperson or persons wholly or partly dependenton him, as the Authority may think fit, suchallowance or gratuity as the Authority maydetermine.

8. Continuation and completion ofdisciplinary proceedings. (1) Where on thedate of enactment of this Act any disciplinaryproceedings were pending against anyemployee of the former Authority who hasbeen transferred to the service of theAuthority under this Act, the proceedingsshall be carried on and completed by theAuthority under and in conformity with thisAct as far as practicable; but where on thatdate any matter was in the course of beingheard or investigated or had been heard orinvestigated by the former Authority and noorder or decision had been renderedthereon, the former Authority shall continueto exist, notwithstanding this Act, for thepurpose of completing the hearing orinvestigation and the making of an order orrendering a decision, as the case may be.


(2) For the purposes of completing ahearing or investigation before it, or makingan order or rendering a decision on a matterheard or investigated before the date ofenactment of the Act, the former Authorityshall complete the hearing or investigationin accordance with the authority vested inthe former Authority or committeeimmediately before that date and make suchorder or direction as the former Authoritycould have made under the authority vestedit immediately before that date.

(3) Any order, rule or direction made orgiven by the former Authority pursuant tothis schedule shall be treated as an order ordirection of the Authority and have the sameforce or effect as if it had been made or givenby the Authority pursuant to the authorityvested in the Authority under this Act.

9. Misconduct or neglect of duty byemployee before transfer. The Authority mayreprimand, reduce in rank, retire, dismissor punish in some other manner a personwho had, whilst he was in the employmentof the former Authority, been guilty of anymisconduct or neglect of duty which wouldhave rendered him liable to be reprimanded,reduced in rank, retired, dismissed or


punished in some other manner by theformer Authority or any other person actingunder its authority or direction or otherwise,as if this Act had not been enacted.


FIFTH SCHEDULE(See Section 152)

TRANSITIONAL AND SAVINGSPROVISIONS

1. First chief executive. The first chiefexecutive of the Authority shall be the personwho, immediately before the date ofenactment of the Act, is appointed to performthe duties of the Special Commissioner ofthe capital city.

2. Projects of former Authority. Everyproposal, plan and project submitted by theformer Authority before the date of enactmentof the Act and which have neither beenapproved nor rejected by the Governmentunder the relevant Act shall be deemed tohave been lapsed.3. Annual report. (1) Notwithstanding theprovisions of this Act, the former Authorityshall, for the purposes of preparing andfurnishing to the Government a report of itsfunctions under the relevant Act (referred toin this paragraph as the annual report),continue in existence until it has furnishedthat report.

(2) The former Authority shall, as soonas practicable after the date of enactment ofthe Act, prepare and furnish to theGovernment an annual report for the period


that commenced on 1st April 2014 andending immediately before date of enactmentof the Act.

(3) The Government shall cause a copyof the annual report to be presented to StateLegislature as soon as practicable after receiptof the annual report.

(4) The Authority shall provide theformer Authority with such clerical and otherassistance as is reasonably required for thepreparation of the annual report.4. Contracts, documents, etc. (1) Anyscheme, contract, document, licence,consent or resolution prepared, made,granted, approved or issued by or on behalfof the former Authority under any provisionof the relevant Act, shall, except as otherwiseexpressly provided in this Act or any otherwritten law, continue and be deemed to havebeen prepared, made, granted or approvedby the Authority.

(2) Where anything has beencommenced by or on behalf of the formerAuthority, before the date of enactment ofthe Act, such thing may be carried on andcompleted by or under the authority of theAuthority.

(3) In any written law and in anydocument, unless the context otherwiserequires, any reference to the formerAuthority shall be construed as a referenceto the Authority.

170 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B5. Certain plans already prepared andsanctioned are deemed to have beenprepared and sanctioned under the Act. (1)Any General Town Planning Schemeprepared under the Andhra Pradesh TownPlanning Act, 1920, or any other StatutoryDevelopment Plan or Master Plan preparedunder the Andhra Pradesh Urban Areas(Development) Act, 1975 or Andhra PradeshMunicipalities Act, 1965 for the capital regionand published by the Local body or UrbanDevelopment Authority concerned andsanctioned by the Government beforecommencement of the Act, shall continue tobe in force unless prepared afresh andsuperseded or revised under this Act.

(2) Any Detailed Town Planning Schemeprepared under the Andhra Pradesh TownPlanning Act, 1920, or any other StatutoryArea Development Plan or Zonal DevelopmentPlan prepared under the Andhra PradeshUrban Areas (Development) Act, 1975 orAndhra Pradesh Municipalities Act, 1965 forthe total or part of the capital region andpublished by the Local body or UrbanDevelopment Authority concerned andsanctioned by the Government beforecommencement of the Act, shall continue tobe in force unless prepared afresh andsuperseded or revised under the Act.

T. NARAYANA REDDYSecretary to Government (F.A.C),

Law Department.

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