{ "id": 14579, "slug": "andhra-pradesh-metropolitan-region-and-urban-development-authorities-act-2016-2016", "title": "Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016", "short_title": "Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016", "act_number": "(Act No. 5 of 2016)", "act_year": 2016, "act_type": "STATE", "location": "Andhra Pradesh", "law_status": "unknown", "enactment_date": null, "description": "Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "CHAPTER I", "chapter": "CHAPTER I", "content": "Preliminary", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "1. Short title, extent and Commencement.", "chapter": null, "content": "Object & Reasons 6\nStatement of Objects and Reasons - (Act no. 34 of 2018).\n(i) Several owners who have constructed buildings unauthorizedly or made deviation to sanctioned plans could not get their buildings regulated and penalized due to lack of awareness about earlier Building Penalization Schemes.\n(ii) Previous Building Penalization Schemes enabled several owners to make their buildings comply with fire safety norms and the building owners who could not avail this opportunity and buildings constructed after 1.1.2015 may be permitted to make their buildings comply with fire safety norms.\n(iii) To ensure planned development of the ULBs leading to improvement in the quality of life of citizens in urban areas.\n(iv) Restoration of parking space in commercial buildings before regulation and penalization of such buildings.\n(v) To enable newly constituted Municipalities and Urban Development Authorities to avail the benefit of Building Penalization Scheme.\n(vi) To reduce the litigation in several Courts.\n(vii) To motivate the owners to construct buildings as per Rules and to avoid recurring penalty on unauthorized constructions which is burdensome.\n(i) To penalize each and every building constructed unauthorizedly or in deviation of the sanctioned plan so as to create deterrence against any such practice.\n(ii) To bring all the unauthorized constructions into planning fold and to regulate the development areas.\n(iii) To provide an opportunity to the owners of the buildings to regulate and penalize their unauthorized constructions and deviations made to the sanctioned plan.\n(iv) To provide relief to several persons who have purchased buildings without any knowledge about the building regulations.", "footnote": "", "is_definition": false, "sort_order": 1 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(1) 'agriculture' includes farming, raising of crops, fruits, vegetables, flowers, grass, trees, horticulture, floriculture, poultry' fishing, livestock breeding, bee keeping, upkeep of an orchard and the use of land ancillary and accessory to cultivation or any agriculture purpose; but does not include the use of any land as a garden which is an appendage to a building and the expression Agricultural' shall be construed accordingly;\n(2) 'amenity' includes roads, streets, open spaces, parks, landscaping, playgrounds, recreational grounds, tourist spots, water and electric supply, street lighting, sewerage, drainage' public works and other utility services and conveniences as the Government may specify by notification to be an amenity for the purposes of the Act;\n(3) 'area development plans' means the plans prepared under the provisions of this Act:\n(4)'authority' means the Development Authority constituted under sub-section (1) of section 4 of this Act;\n(5) 'building' includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or any other purposes' whether in actual use or not;\n(6) 'building operations', includes,-\n(a) erection or re-erection of a building or any part thereof;\n(b) roofing or re-roofing of a building or any part of a building or any open space;\n(c) any material or structural alteration or addition of a building as is likely to affect the alteration of its drainage or sanitary arrangement or to materially affect its security, or the construction of a door opening on any street or land not belonging to the owner;\n(7) 'company' means a body corporate registered under the Companies Act, 2013 (Central Act No. 18/2013) and includes a firm or association of individuals;\n(8) 'development' with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over, or under, land or the making of any material change, in any building or land or both, or in the use of any building or land or any material or structural change in any heritage building or its precinct, and includes demolition of any existing building, structure or erection and redevelopment, reclamation of land, conservation of environment, forming of layouts and sub-division of any land into plots, and development of amenities and the words \"to develop\" shall be construed accordingly;\n(9) 'development area' means the area or group of areas declared to be a development area under sub-section (l) of section 3 of this Act;\n(10) 'developer entity' means and includes an individual, company or association or body of individuals whether incorporated or not, a cooperative society, a corporate body, or an agency national or international to whom a license is given to undertake development works/ Scheme within the framework of a plan or development scheme duly approved under this Act;\n(11) 'development fund' means a fund created under this Act;\n(12) 'development plan' means a comprehensive plan for the development or redevelopment or improvement of the area within the jurisdiction of the Authority covering the whole or part thereof and includes revision of a development plan and proposals for development of land within its jurisdiction conceived within the framework of the Perspective Plan/ Master Plan/Infrastructure development plan/area development plan/zonal development plan/or any other plan or scheme prepared under the Act by what so ever name known;\n(13) 'development project or project' refers to the plans conceived within the framework of a Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or any other Plans, integrated with that of the Development Area containing detailed working layouts with all supporting infrastructure and documents including cost of development, source of finance and recovery instruments for their execution;\n(14) 'engineering operations' includes the formation or laying of streets, roads, drainage, sewerage, water supply, electricity, gas, cables or telephone lines, irrigation works, and development of such other amenities;\n(15) 'final plot' means a plot or land reconstituted from an original plot or land and allotted in development scheme as a final plot;\n(16) 'former authority' means the authority or organization constituted under any other Act or under this Act existing / defunct/ dissolved before the Authority presently constituted under this Act for the whole or part of the development area;\n(17) 'government' means the State Government of Andhra Pradesh;\n(18) 'government company' means a government company or corporation registered under the Companies Act, 2013 (central Act no.18/2013) which has one of its objects shall be the development of an area;\n(19) 'heritage building' means a building/premises or any part thereof or structure or artifact possessing architectural, aesthetic, historic or cultural values or ecological or environmental importance and requires conservation or preservation and which is declared as heritage building by the Authority in whose jurisdiction such building is situated;\n(20) 'heritage precinct' means an area comprising heritage building or buildings and precincts thereof or related places as declared by the Authority;\n(21) 'Infrastructure Development Plan [IDP]' means the set of plans, projects and estimates for the development of the infrastructure such as water supply, storm water drainage, sewerage, streets and roads including ring/radial/grid roads connecting all settlements, electricity and street lighting, parks and playgrounds, solid waste disposal and management system, communication network and related facilities such as roads, railways, metro ways, airports and the like and any other amenity as decided by the Authority for the Development Area or Zone or Special Area or part of the Development Area prepared and sanctioned under the provisions of the Act;\n(22) 'land' includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;\n(23) 'land use' means the principal use of land for which a plot of land or building thereon is used or intended to be used. For the purpose of classification of a plot according to the land uses, a land use shall be deemed to include subsidiary land uses which are contingent upon it;\n(24) 'Land Pooling Scheme' means a scheme as provided in sub-section (1) of section 26 of this Act;\n(25) 'Land Pooling Ownership Certificate [LPOCl in the context of a Land Pooling Scheme means a certificate issued by the Authority under sub-section (4) of section 31 of this Act to each land owner participating in the Land Pooling Scheme certifying the details of the reconstituted plot / land / final plot allotted to him;\n(26) 'local authority' means:\n(a) a Municipal Corporation constituted under the respective Act; or\n(b) a Municipality or a Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965 (Act no. 6 of 1965); or\n(c) a Gram Panchayat constituted under the Andhra Pradesh Panchayat Raj Act, 1994; (Act no. 13 of 1994) or\n(d) any other body or authority constituted under the relevant Act to govern the urban services;\n(27) 'Master Plan [MP]' means the set of plans for the promotion and development of the Development Area or Zone or Special Area or part of the development area prepared and sanctioned under the provisions of the Act;\n(28) 'metropolitan area' means an area having a population of a million or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous area or an urban agglomeration area with a population of million and above as per the Census of India, specified by public notification to be a metropolitan area;\n(29) 'metropolitan commissioner' means the Metropolitan Commissioner appointed by Government under sub-clause (d) of clause (i) of sub-section (3) of section 4;\n(30) 'metropolitan region' means the metropolitan area as whole and its primary commuter areas, typically formed around the metropolitan area proper with a large concentration of people or a region as notified by the Government;\n(31) 'notification' means a notification published in the following manner and the word 'notified' shall be construed accordingly;\n(a) (i) in the Andhra Pradesh Gazette or District Gazette;\n(ii) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;\n(iii) in the local language in the Gram Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Revenue Divisional Officer, the Tahsildar, the District Registrar and SubRegistrar of Stamps & Registration department;\n(iv) uploaded on the website of the Authority;\nor\n(b) as may be decided by the Authority;\n(32) 'occupier' includes,-\n(a) any person including a firm or other body of individuals whether incorporated or not, who for the time being is paying or is liable to pay to the owner the rent of the land or building in respect of which such rent is paid or is payable;\n(b) an owner living in or otherwise using his land or building;\n(c) a rent free tenant;\n(d) a licensee in occupation of any land or building;\n(e) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building;\n(33) 'operational construction' means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development, or execution of any of the following services, namely:-\n(a) railways;\n(b) national highways, state highways, other important roads;\n(c) waterways;\n(d) ports;\n(e) airways and aerodromes;\n(f) postal, telecom, wireless, broadcasting and other like forms of communication;\n(g) electricity;\n(h) defence;\n(i) ONGC, GAIL;\n(j) works undertaken by the Authority or any Local Authority;\n(k) any other service which the Government may, if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause.\n(i) new residential buildings (other than lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and\n(ii) a new building, new structure or new installation or any extension thereof, in the case of any other service,\n(34) 'original plot' in the context of Development Scheme means the parcel of land extent vesting with the land owner as per revenue records or in possession as on the day of notification of Declaration of Intention of the Development Scheme, whichever is less. While undertaking the preparation and sanction of the Development Scheme, the tenure and encumbrances on the plot remain unaffected;\n(35) 'owner' in relation to any property, includes any person who is, for the time being receiving or entitled to receive, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof; and also includes a person, Company, Trust, Institute, Registered Body, State or Central Government and its attached subordinate departments, undertakings and the like, in whose name the property stands registered in the Revenue Records;\n(36) 'periphery area' means the outer area of the development area declared as such under section 138 of this Act;\n(37) 'plan' includes a map or maps indicating proposals, and/ or sets of documents, and/or statements and policies and development briefs for securing, promoting and regulating development in the region or for any area and also includes all the sanctioned development plans prepared and sanctioned under the provisions of this Act;\n(38) 'prescribed' means prescribed by rules and regulations made under the Act;\n(39) 'reconstituted plot' means a final plot / land which is in any way altered by the making of a development scheme;\n(40) 'regulation' means a regulation made under the Act and zoning and other regulations made as part of the Plans prepared under the Act;\n(41) 'residence' includes the use of any land or building or part thereof for human habitation, and the expression 'Residential use' shall be construed accordingly;\n(42) 'revolving fund' means the fund required for the purpose of performing its functions under the Act and for developing amenities and infrastructure facilities in the development area;\n(43) 'rule' means a rule made under the Act by the government for enforcement;\n(44) 'scheme' means a scheme or policy or directives or guidelines prepared under the Act; and also includes a scheme prepared under any other Act prevailing in the State for securing the planned development of any area or constituent of the Development Area;\n(45) Town Planning Scheme [TPS]' means the scheme prepared under the Act for achieving the planned development as envisaged in the sanctioned development plan;\n(46) 'urban area' means, -\n(a) the area comprised within the Municipal Corporation constituted under the respective Acts or within the Municipality or a Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965 and any such area in the vicinity as the Government may, having regard to the extent of, and the scope for the urbanization of that area or other relevant considerations, specify in this behalf by notification or an area specified as urban as per the Census of India;\nand\n(b) such other area as the Government may, by notification, declare to be an urban area, which in the opinion of the Government, is likely to be urbanized;\n(47) 'urban region' means the urban area as whole and the surrounding urban and rural areas and also the primary commuter areas typically formed around the urban area proper with a large concentration of people or a region as notified by the Government;\n(48) 'Vice-Chairperson' means the Vice-Chairperson of the Authority appointed by the Government under sub-clause (b) of clause (ii) of sub-section (3) of section 4;\n(49) 'Zonal Development Plan [ZDP]' means the set of plans for the promotion and development of a zone or part of a zone or a local authority of the development area prepared and sanctioned under the provisions of the Act;\n(50) 'zone' means any one of the divisions in which a development area may be divided for the purpose of securing, promoting and regulating development and for providing the urban services under the Act, and the words 'Zoning Regulations' shall be construed accordingly;\n(51) Words used but not defined in the Act shall have the same meanings as assigned under the respective Acts.\nChapter II\nDeclaration of Development Area and Constitution of the Authority", "footnote": "", "is_definition": true, "sort_order": 2 }, { "number": "3", "title": "3. Declaration of Development Area.", "chapter": null, "content": "(a) exclude from the development area any area comprised therein; or\n(b) include in the development area any other area.", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "4", "title": "4. Constitution of the Development Authority.", "chapter": null, "content": "(a) the Chairperson to be appointed by the Government;\n(b) Principal Secretary to Government, Municipal Administration & Urban Development Department - Deputy Chairperson;\n(c) Principal Secretary to Government, Finance Department - Member;\n(d) 'Metropolitan Commissioner' who is a government officer to be appointed by the Government, shall be the whole time Chief Executive Officer of the Authority and shall be the Member-Convener;\n(e) Officers not more than six, dealing with Transportation, Roads & Buildings, Energy, Environment or such other departments as may be deemed necessary by the Government - Members;\n(f) District Collectors of the development area - Members;\n(g) Director of Town & Country Planning - Member; and\n(h) Three experts of national or international repute who possess knowledge in urban governance, urban planning, conservation, environment and transportation to be appointed by the Government -Members.\n(ii) The Urban Development Authority shall have the following members, namely,-\n(a) the Chairperson to be appointed by the Government;\n(b) the 'Vice-Chairperson' who is a government officer to be appointed by the Government, shall be the whole time Chief Executive Officer of the Authority and shall be the Member-Convener;\n(c) Joint Secretary to Government, Municipal Administration & Urban Development Department or his nominee who shall be not less than Deputy Secretary in cadre or as deemed necessary by the Government -Member;\n(d) Joint Secretary to Government, Finance Department or his nominee who shall not be less than Deputy Secretary in cadre or as deemed necessary by the Government -Member;\n(e) Officers not more than four, dealing with Transportation, Roads & Buildings, Energy, Environment or such other departments as may be deemed necessary by the Government-Members;\n(f) District Collectors of the development area - Members;\n(g) Director of Town & Country Planning or his nominee -Member; and\n(h) Three experts of national or international repute who possess knowledge in urban governance, urban planning, conservation, environment and transportation to be appointed by the Government - Members.\n(a) (i) In case of Metropolitan Region Development Authority, the Principal Secretary to Government, Municipal Administration & Urban Development Department shall be Chairperson of the Executive Committee, and the Metropolitan Commissioner shall be a member-convener of the Executive Committee.\n(ii) In case of Urban Development Authority, the Vice-Chairperson of Urban Development Authority shall be the Chairperson of the Executive Committee;\n(b) Joint Secretary to Government, Finance Department or his nominee as deemed necessary by the Government-Member;\n(c) Joint Secretary to Government Municipal Administration & Urban Development Department or his nominee as deemed necessary by the Government -Member;\n(d) Officers or Heads of Government Departments or the Authority not exceeding five in number - Members;\n(e) Secretary of the Authority to be the Member-Convener of the Executive Committee of Urban Development Authority;\n(f) Any other officer or expert as appointed by the Government.\n(a) from time to time appoint one or more Functional Committees for the discharge of its functions. The functional committees shall report and discharge their responsibilities under the instructions and directions of the Authority.\n(b) every Committee appointed under clause (a) of sub-section (12) shall conform to any instructions that may, from time to time, be given to it by the Authority and the Authority may at any time alter the constitution of any Committee so appointed or rescind any such appointment. The Authority shall nominate one of the members as the Chairman of every such Committee.\n(c) consult or associate with such persons or organizations whose assistance or advice it may desire. Such advisor or consultant shall be paid such fees as may be determined by the Authority.\n(d) constitute as many area level functional units or sub-regional units or offices as it deems fit and assign responsibilities and functions to such units.\n(e) create Special Purpose Vehicles (SPVs) with the approval of the Government for various purposes, including but not limited to, design and construction of buildings related to large infrastructure projects, provision of utility services, provision of urban services, design and execution of social infrastructure projects, and land acquisition and augmentation of financial resources. The Authority, as a representative of the Government could participate in such SPVs as an equity or debt holder, and also have specified members of the Authority as members of the Board of such SPVs.\n(f) The Authority may delegate any of its powers or functions to the Executive Committee or the Metropolitan Commissioner / Vice-Chairperson subject to its revision and to such conditions and limitations if any, as it may think fit to impose.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "5", "title": "5. Powers and functions of the Authority.", "chapter": null, "content": "(1) Administration: -\n(a) to monitor, supervise or ensure adequate supervision over the execution of any development plan or project or scheme, the expenses of which in whole or in part are to be met from the Development Fund;\n(b) to co-ordinate with the Andhra Pradesh Transmission Corporation, the Southern Power Distribution Company Ltd, the Andhra Pradesh Industrial Infrastructure Corporation, the Andhra Pradesh State Road Transport Corporation, Roads & Buildings department, Housing Corporation, Housing Board, Infrastructure Corporation of Andhra Pradesh Ltd and such other bodies / departments of the Government to facilitate infrastructure development in the development area;\n(c) to delegate the powers of the Authority to the Executive Committee or specific members of the Executive Committee or the Metropolitan Commissioner / Vice-Chairperson with the responsibility for execution of specific projects of the Authority.\n(d) to fast track and facilitate issues such as project delays, issues related to Development Fund, inter-departmental coordination as raised by the Executive Committee;\n(e) to enter into contracts, agreements or arrangements with any person, body or organization as the Authority may deem necessary for the performance of its functions;\n(f) to perform any other function or exercise powers as are supplemental, incidental or consequential to any of the foregoing duties and powers, and/or take up such matters as the Government may direct in this regard;\n(g) to sanction and recruit officers and staff required for the Authority to perform functions of the Authority with the approval of the Government.\n(h) to meet at least once in three months and at such intervals, at such place and such time as the Chairperson may decide.\n(i) in case of Metropolitan Region Development Authority,-\n(i) to review, revise and approve proposed projects above Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value and approval of the Government shall be obtained in respect of projects worth more than Rs. 100.00 croresT\n(ii) to review, revise and approve all funding, financing and investment plans above Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value and approval of the Government shall be obtained in respect of funding, financing and investment plans worth more than Rs. 100.00 crores;\n(iii) to accord approval for all tenders / e-procurement for the projects exceeding Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value and approval of the Government shall be obtained in respect of tenders / e-procurement for the projects exceeding Rs. 100.00 crores;\n(j) in case of Urban Development Authority, -\n(i) to review, revise and approve proposed projects above Rs. 5.00 crores and up to Rs. 50.00 crores in total contract value and approval of the Government shall be obtained in respect of projects worth more than Rs. 50.00 crores;\n(ii) to review, revise and approve all funding, financing and investment plans above Rs. 5.00 crores and up to Rs. 50.00 crores in total contract value and approval of the Government shall be obtained in respect of funding, financing and investment plans worth more than Rs. 50.00 crores;\n(iii) to accord approval for all tenders / e-procurement for the projects exceeding Rs. 5.00 crores and up to Rs. 50.00 crores in total contract value and approval of the Government shall be obtained in respect of tenders / e-procurement for the projects exceeding Rs. 50.00 crores in total contract value;\n(2) Development and Regulation:\n(a) to undertake execution of the projects and schemes as per the sanctioned Plans and/or through Development Plans, Action Plans for any Sector or Zone or Development Area;\n(b) to undertake by itself or jointly with a developer entity or through any agency or any local authority, the implementation of the area level plans, execution of works relating to infrastructure development, public amenities, conservation of the environment;\n(c) to promote the development activities in accordance with the sanctioned development plans and to bring aesthetics, efficiency, and economy in the process of development;\n(d) to approve, co-ordinate and execute all transportation related interventions in the development area so as to promote planned development of traffic and transportation system and transit-oriented development;\n(e) to undertake and approve action plans of various departments and agencies and ensure implementation of the traffic and transportation plans for the development of modem, integrated and effective public transport systems such as BRTS, MMTS, MRTS and to introduce Intelligent Transport Systems for traffic management to make the development area most live able in the world;\n(f) to formulate and monitor the implementation of affordable housing policies;\n(g) to formulate and implement economic development plans for the overall economic growth of the development area and to create new livelihood opportunities.\n(h) to regulate the development of the periphery area of the development area;\n(i) to undertake, manage and supervise the urban amenities and to make environment friendly, modem and SMART metropolitan/ urban region either directly or through outsourced entities by delegating powers to collect user charges;\n(j) to raise finance for any development project or scheme and to extend assistance to the local authorities for the execution of such project or scheme;\n(k) to entrust to any local authority the work of execution of any development plan or scheme;\n(l) to make recommendations or submit proposals to the Government or any person or statutory body for the preservation and protection of any monument and land of historic, traditional, archaeological, architectural or aesthetic interest;\n(3) Finance:\n(a) to promote environmental friendly investments in the development area;\n(b) to review, revise and approve annual financial budget for the Authority and for carrying out the provisions of the Act;\n(c) to levy and collect such fees for the execution of works as referred above and for provision of other services and amenities as may be prescribed by regulations;\n(d) to levy and collect such scrutiny fees for scrutiny of documents submitted to the Authority for permission for development as may be prescribed by regulations;\n(e) to levy and collect the development charges as may be prescribed by regulations;\n(f) to levy and collect the user charges for various sendees delivered in the development area as may be prescribed by regulations;\n(g) to levy and collect the Impact Fee, Urban Infrastructure Fee, Cess, or any other fee as may be prescribed by regulations;\n(h) to maintain and manage the Development Fund and allocate finances based on the plans and programmes of the functional departments or line agencies for undertaking development of amenities and infrastructure facilities and to monitor and exercise financial control over the budgetary allocations concerning development works made through it to the various public agencies, line agencies and other agencies;\n(4) Land development:\n(a) to acquire any immovable property through the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013) or purchase, exchange, gift, lease, mortgage, negotiated settlement, or by any other means permissible under any other law;\n(b) to approve the land development schemes or proposals of the functional departments, other departments and functional agencies in the development area;\n(c) to undertake Land Pooling Schemes and other Town Planning Schemes;\n(d) to prepare and undertake implementation of schemes for providing alternative areas for rehabilitation of persons displaced by projects and schemes which provide for such requirements;\n(e) to create and manage the Land Development Bank and take up land acquisition as may be necessary for various public uses, civic center, office complexes, township development, infrastructure development, etc.; allocation of lands to functional departments and various agencies upon such terms and conditions for undertaking development of amenities and infrastructure facilities.\n(5) Planning:\n(a) to prepare and revise the Perspective Plan [PP], Master Plan [MP], Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan duly carrying out surveys in order to achieve ecological balance for sustainable development and for providing other facilities for live able environment;\n(b) to formulate zoning regulations, building and energy codes, and any other development control norms for the development area so as to ensure the compact, transit-oriented, and environmentally sustainable development;\n(c) to prepare, review and revise the development control norms and rules or regulations, and all other related and similar norms governing the building and development in the development area and submit to the Government for approval;", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "6", "title": "6. Powers and functions of the Executive Committee.", "chapter": null, "content": "(1) Administration:\n(a) to approve appointment/re-appointment of experts, including experts in the matters relating to urban planning, urban management, urban infrastructure and urban transportation, subject to such conditions as may be prescribed;\n(b) to review performance of special functional units (such as Special Purpose Vehicles, Area Level Committees) for carrying out specific functions including execution of projects;\n(c) to consult or associate with such persons or organizations, public or private, whose assistance or advice it may require. Such advisor or consultant shall be paid such fees as may be determined by the Executive Committee;\n(d) to recruit professional service providers and competent experts in accordance with the provisions of the Act to implement the activities of the Authority as may be prescribed;\n(e) to meet at least once in two months or as often as decided by the Chairperson of the Executive Committee.\n(f) In case of Metropolitan Region Development Authority,-\n(i) to scrutinize, revise and approve proposed projects above Rs. One crore and up to Rs. 10.00 crores;\n(ii) to review, revise and approve all funding, financing and investment plans above Rs. One crore and up to Rs. 10.00 crores;\n(iii) to scrutinize and accord approval for all tenders/ e-procurement for execution of various categories of works with a value above Rs. One crore and up to Rs. 10.00 crores;\n(g) in case of Urban Development Authority,-\n(i) to scrutinize, revise and approve proposed projects above Rs. 0.50 crore and up to Rs. 5.00 crores;\n(ii) to review, revise and approve all funding, financing and investment plans above Rs. 0.50 crore and up to Rs. 5.00 crores;\n(iii) to scrutinize and accord approval for all tenders/ e-procurement for execution of various categories of works with a value above Rs. 0.50 crore and up to Rs. 5.00 crores;\n(2) Finance:\n(a) to prepare the Annual Budget and place the same before the Authority for approval;\n(b) to prepare the schedule of various categories of fees and development charges and submit them to the Authority for approval;\n(c) to study and approve the matters such as related to Development Fund but not limited to special financial structures, investment plans to be met from the Development Fund, and loan repayment schedules.\n(3) Land development:\n(a) to undertake the scrutiny of the Land Pooling Scheme or Town Planning Scheme or any other Development Scheme proposals and submit the same to the Authority for approval;\n(b) to undertake the scrutiny of the land acquisition proposals and submit the same to the Authority for approval.\n(4) Planning;\n(a) to undertake the preparation of the Perspective Plan [PP], Master Plan [MP] and Infrastructure Development Plan [IDP] or Area Development Plan or Zoned Development Plan under the Act and the revision of the said Plans as and when required and submit the same to the Government through the Authority for sanction;\n(b) to undertake the preparation of zoning regulations, development promotion norms and rules, including setbacks, open spaces and all other related and similar norms governing building and development in the Development Area and submit the same to the Authority and the Government for approval.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "7", "title": "7. Powers and Function of the Metropolitan Commissioner/Vice-Chairperson.", "chapter": null, "content": "(1) Administration,- Chairperson.\n(a) to act as whole-time Chief Executive Officer of the Authority and shall be the Chairperson of the Executive Committee;\n(b) to execute all projects approved by Authority or Executive Committee and take all day to day decisions necessary for execution of projects;\n(c) to prepare the agenda for the meetings of Executive Committee and Authority;\n(d) to prepare and scrutinize projects and investment plans for any value and submit them for approval in accordance with the provisions of the Act;\n(e) to conduct periodic review meetings of the activities of the Authority;\n(f) to review the operational progress of various departments against project deliverables and initiatives taken periodically;\n(g) to arrange for delegation of the powers of the Authority or Executive Committee as vested under the Act to the respective Local Authorities and the officers working in the Authority duly obtaining the approval of the Authority or Executive Committee;\n(h) be competent to delegate the powers as vested in him under the Act to the local authority or any of the officers working in the Local Authority or in the Authority;\n(i) be competent to give directions to a body or department or functional agency or person with regard to the implementation of any development project or scheme financed under the Act, or land development conditions approved under the Act, or under taking survey, demarcation and development of roads, right-of-way for facilities, protection of open spaces or amenities, as he deems fit, and any such Authority or person shall be bound to comply with such directions;\n(j) notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with by the body or department or functional agency or person to whom it is issued:\n(k) In the case of Metropolitan Region Development Authority, the Metropolitan Commissioner may,-\n(i) prepare, scrutinize, approve, revise and execute the projects up to Rs. One crore;\n(ii) prepare, scrutinize, revise and submit the proposed projects above Rs. One crore and up to Rs. 10.00 crores in total contract value to the Executive Committee for approval and above Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value to the Authority through the Executive Committee for approval;\n(iii) prepare, scrutinize, approve, revise and sanction all funding, financing and investment plans up to Rs. One Crore;\n(iv) prepare, scrutinize, revise and submit all funding, financing and investment plans above Rs. One crore and up to Rs. 10.00 crores in total contract value to the Executive Committee for approval and above Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value to the Authority through the Executive Committee for approval;\n(v) prepare, scrutinize, approve, revise and sanction all tenders / e-procurement for execution of various categories of works with a value up to Rs. One crore;\n(vi) scrutinize and submit all tenders / e-procurement for execution of various categories of works with a value above Rs. One crore and up to Rs. 10.00 crores in total contract value to the Executive Committee for approval and above Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value to the Authority through the Executive Committee for approval;\n(l) In the case of Urban Development Authority, the ViceChairperson may,-\n(i) prepare, scrutinize, approve, revise and execute the projects up to Rs. 0.50 crore ;\n(ii) prepare, scrutinize, revise and submit the proposed projects above Rs. 0.50 crore and up to Rs. 5.00 crores in total contract value to the Executive Committee for approval and above Rs. 5.00 crores and up to Rs. 50.00 crores in total contract value to the Authority through the Executive Committee for approval;\n(iii) prepare, scrutinize, approve, revise and sanction all funding, financing and investment plans up to Rs. 0.50 crore;\n(iv) prepare, scrutinize, revise and submit all funding, financing and investment plans with a value above Rs. 0.50 crore and up to Rs.5.00 crores in total contract value to the Executive Committee for approval and above Rs.5.00 crores and up to Rs. 50.00 crores in total contract value to the Authority through the Executive Committee for approval;\n(v) prepare, scrutinize, approve, revise and sanction all tenders / e-procurement for execution of various categories of works with a value up to Rs.0.50 crore;\n(vi) scrutinize and submit all tenders / e-procurement for execution of various categories of works with a value above Rs. 0.50 crore and up to Rs.5.00 crores in total contract value to the Executive Committee for approval and above Pis.5.00 crores and up to Rs.50.00 crores in total contract value to the Authority through the Executive Committee for approval;\n(2) Finance:\n(a) to arrange for the preparation of the annual budget for the Authority and for placing the same before the Executive committee for further action;\n(b) to arrange for the preparation of the schedule of development charges and various categories of fee and place it before the Executive Committee for further action;\n(c) to administer Development Fund in accordance with the provisions of the Act.\n(3) Land development: to arrange for preparation of the Land Acquisition proposals or Land Pooling Scheme or Town Planning Scheme and arrange for implementation of the same after approval.\n(4) Planning:\n(a) to arrange for preparation of the Perspective Plan [PP], Master Plan [MP] and a separate Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan and to arrange for implementation and supervision of the same after sanction;\n(b) to review and ensure compliance of local authorities within the Development Area regarding the sanctioned development plans and also development promotion and control with regard to land use or Land Pooling Scheme or Town Planning Scheme.", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "8", "title": "8. Officer & Staff and constitution of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Service.", "chapter": null, "content": "Chapter III\nUnified Transport Authority", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "9", "title": "9. Constitution of Unified Transport Authority.", "chapter": null, "content": "(a) Metropolitan Commissioner/Vice-Chairperson of the Authority or any other person to be the Chairperson of the Transport Authority as may be nominated by the Government.\n(b) Six members of heads of the departments of Government or officers connected with traffic and transportation as nominated by the Government.\n(c) District Collectors of the development area;\n(d) Commissioners of the Local Authorities of the development area;\n(e) Officers from Police, Transco, Roads & Buildings, MRTS, BRTS, Railways, Municipal Administration &Urban Development Department and Road Transport Corporation in the development area as nominated by the Government;\n(f) Three experts in the field of traffic and transportation.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "10", "title": "10. Power and functions of the Transport Authority.", "chapter": null, "content": "(a) to assist the Authority with co-ordination and support so as to ensure the effective implementation of its transportation projects and policies that seek to enforce the Transportation Plan of the Development Area;\n(b) to oversee and ensure effective coordination and implementation of various traffic and transportation measures undertaken by various agencies in the development area;\n(c) to ensure that effective public transport systems are in place for the development area;\n(d) to promote and monitor key or major traffic and transportation projects;\n(e) to deliberate and recommend effective transportation strategies for the development area;\n(f) to integrate and consolidate all the action plans of various departments and agencies and ensure implementation of the traffic and transportation plans for the development area;\n(g) to give directions to different agencies involved in the implementation of traffic and transportation policies and measures, including shifting of utilities and services or amenities;\n(h) to integrate various routes of public transport and issues of combined ticketing, feeder services, etc as suggested by the Authority;\n(i) to expedite financial proposals pending with the Government related to transportation projects in the Development Area;\n(j) to direct the appropriation or subvention of funds from various departments and agencies of the Government for ensuring implementation of the traffic and transportation plans and measures in the development area.\nChapter IV\nDevelopment Plans", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "11", "title": "11. Preparation and Content of Development Plants.", "chapter": null, "content": "(1) Within two years of its constitution or within such time as the Government may extend, prepare a Perspective Plan [PP] with a long term time frame preferably not less than thirty years, for the comprehensive physical, economic and social development of the Development Area, having due regard to, -\n(a) vision for the development area and provide policy framework and directions of growth and identification of thrust areas for development;\n(b) target population, employment pattern and GDP;\n(c) strategic land use plans, including green field developments and regeneration;\n(d) strategic transportation and mobility requirements;\n(e) environmental sustainability.\n(2) Within three years of its constitution or within such time as the Government may extend, prepare a Master Plan (MP) for the Development Area or Zone or Special Area with a medium term time frame, preferably not less than ten years and it shall be in conformity with the Perspective Plan, having due regard to, -\n(a) proposals and policies for promoting growth, securing planned development in the development area;\n(b) proposals for conservation, optimum utilization and development of resources in the development area;\n(c) Land Use Plan indicating the broad areas of development and general location of residential, commercial, industrial, agricultural areas and areas for conservation and protection of ecologically fragile areas, including:-\n(i) Proposals for the allotment of land for public purposes and policies for improvement and development of public amenities and services such as water supply, electricity, gas, storm water drainage, sewerage, waste disposal, educational facilities such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres, auditoriums and places for public entertainment, public assembly, museums, art galleries, religious buildings, play grounds, stadia, parks, open spaces, dairies, zoo parks and for such purposes as may, from time to time, be specified by the State Government;\n(ii) Infrastructure network plan showing existing and proposals of major infrastructure facilities like circulation network including ring roads, radial and grid roads connecting all the settlements, transport, power, water supply, natural drainage, sewerage system, solid waste disposal and management system, communications network and related facilities like power plants, roads, highways, railways, metro ways, airports, and the like;\n(iii) Proposals and policies for preservation, conservation and development of areas of natural beauty and scenic spots, and areas of historic and archaeological interest and tourism areas and heritage buildings and heritage precincts;\n(iv) Proposals and policies for watershed management, water supply, water harvesting, recharge of ground water, flood control, and prevention of air and water pollution;\n(v) Proposals and policies for riverfront development and/or lake or water front development;\n(vi) Proposals and policies for enhancing greenery and urban landscape implementation in the development area and individual plots;\n(vii) Proposals and policies for promoting urban design and built form with aesthetics and architectural control for overall development and individual plots;\n(viii) Proposals and policies for promoting housing and community facilities for all sections of society;\n(ix) Proposals and policies for traffic and transportation, transit oriented developments (TOD) and promoting mass transportation facilities;\n(x) Proposals and policies for industrial development;\n(xi) Proposals and policies for major development projects;\n(xii) Proposals for the reservation of the land for the purpose of Union, State, Local Authority or any other authority or body established by or under any law for the time being in force;\n(xiii) Strategies and priorities for implementation of the various proposals with time frame and programmes;\n(xiv) Proposals and policies for promoting development and regulating uses and activities through Zoning and other Development Promotion Regulations, conservation and preservation of heritage buildings and areas;\n(xv) Any other matter which may be necessary for the development area.", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "12", "title": "12. Submission of plans to the Government for sanction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "13", "title": "13. Sanction of plants by the Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "14", "title": "14. Power to undertake preparation of area development plan or action plan or Zonal Development plan.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "15", "title": "15. Modification to the sanctioned plans.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "16", "title": "16. Enforcement of the sanctioned plans.", "chapter": null, "content": "Chapter V\nDevelopment Schemes\n(i) Types and details of Development Schemes", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "17", "title": "17. Development Schemes.", "chapter": null, "content": "(a) Land Pooling Scheme [LPS],\n(b) Town Planning Scheme [TPS],\n(c) Any other special development scheme as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "18", "title": "18. Provisions of the development scheme.", "chapter": null, "content": "(1) the laying out or relaying out of land, either vacant or already built upon;\n(2) for the lands likely to be used for construction of buildings for residential or commercial or industrial or for any other purposes as decided by the Authority;\n(3) layout of new streets or roads, construction, diversion, extension, alternation, improvement of streets and communication network;\n(4) the allotment of land for roads, spaces for public purposes like open spaces, gardens, recreation grounds, schools, markets, green belt, transport facilities, utilities and amenities of all kinds;\n(5) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal;\n(6) lighting;\n(7) water supply;\n(8) trunk and other infrastructure required to service the infrastructure within the development area;\n(9) preservation, conservation and protection of all heritage related objects and also water bodies;\n(10) the preservation of objects of historical or national interest or natural beauty;\n(11) any other provisions as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "19", "title": "19. Contents of the development scheme.", "chapter": null, "content": "(a) survey numbers as in diglot or res-survey register or fair adangal, survey numbers as in record of rights and adangal, sub-division sketch from field measurement book of the original survey number as well as sub-divided survey number, revenue village, extent of land;\n(b) Details of ownership of all parcels of land;\n(c) Preparation of the scheme incorporating roads, amenity areas, land use etc in accordance with the sanctioned plans;\n(d) the land use break-up of the scheme;\n(e) the re-constituted plots [Final Plot / Land] which would be re-allotted to the land owners;\n(f) method of re-allotment or registration;\n(g) original location of the land and location of the developed land;\n(h) the plots or lands to be allotted to the Authority or 'developer entity' in lieu of the cost of development towards the preparation, sanction, provision of infrastructure and amenities and implementation of the Scheme;\n(i) the plots or land to be allotted to the Authority in lieu of the cost of development towards provision of infrastructure and amenities and other costs and expenses to be incurred for the scheme and external trunk infrastructure;\n(j) type of the development entitled for each of the plot / land based on the use of the development;\n(k) line estimates for development of the scheme, [level and cost of infrastructure shall be as per the prescribed standards];\n(l) the scheme shall also indicate the area proposed for the various purposes as may be prescribed;\n(m) any other particulars as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "20", "title": "20. Infrastructure and amenities to be provided.", "chapter": null, "content": "(a) road development;\n(b) electricity lines and street lighting;\n(c) water supply;\n(d) sewerage works - distribution network and sewerage treatment plant;\n(e) storm water drains network;\n(f) rain water harvesting system;\n(g) telecommunication lines located in exclusive strips of land over ground or in ducts under the surface;\n(h) development of open spaces for parks & play grounds and avenue plantation without obstructing pedestrian ways or roads;\n(i) any other amenity as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "21", "title": "21. Cost of the development scheme.", "chapter": null, "content": "(1) all sums payable to the Authority under the provisions of the Act;\n(2) all sums spent or estimated to be spent to undertake the scheme including proportionate external and full internal infrastructure cost or betterment charges;-\n(a) in the making of the Scheme;\n(b) in the execution of the Scheme;\n(c) in the execution of such part of the peripheral and bulk services as may be considered necessary.\n(3) all sums payable to any other Agency or Government under the provisions of any other relevant Acts;\n(4) administrative and legal expenses including risk reserves based on the future litigation's;\n(5) the cost of publication charges in the newspapers pertaining to the scheme;\n(6) registration charges, if any;\n(7) any other sum payable as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "22", "title": "22. Reconstitution of plot.", "chapter": null, "content": "(a) to form reconstituted plot / land by the reconstitution of the original lands by the alteration of its boundaries and by the transfer of any adjoining lands if necessary.\n(b) for location of the reconstituted plot / land anywhere in the identified area of the development scheme.\n(c) for allotment of reconstituted plot / land shall be by draw of lots.\n(d) to provide with the consent of the owners that the reconstituted plot / land may be allotted jointly as common reconstituted plot.\n(e) for allotment of a reconstituted plot / land to any owner dispossessed of land in furtherance of the scheme.", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "23", "title": "23. Restrictions on the use and development of land after publication of draft development scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "24", "title": "24. Disputed ownership.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "25", "title": "25. Registration of development Scheme connection with Development Scheme not required.", "chapter": null, "content": "(ii) Land Pooling Scheme", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "26", "title": "26. Land Polling Scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "27", "title": "27. Reservation and allotment of land for various purposes in land pooling scheme.", "chapter": null, "content": "(a) reservation of land to an extent of ten percent of total scheme area for parks, playgrounds, gardens and open spaces; for\n(b) allotment of land for roads and utility services to an extent of thirty percent of total scheme area;\n(c) allotment of land to an extent of five percent of total scheme area for social amenities such as school, dispensary and other community facilities;\n(d) allotment of land to an extent of five percent of total scheme area for providing affordable housing for the poor;\n(e) a share of total area of the scheme specified by the Authority for reconstituted plots [Final Plot), for re-allotment to the Land Owners;\n(f) a share of total area of the scheme specified by the Authority in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the Scheme and external trunk infrastructure for re-allotment to the Authority. The Authority may use this allotted land for residential or commercial or public or semi public or any other purposes as may be approved by the Authority:", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "28", "title": "28. Role of developer entity.", "chapter": null, "content": "(1) The developer entity shall submit the application to formulate and implement a Land Pooling Scheme only after the notification issued as stated at sub-section (3) of section 17 under the Act;\n(2) The developer entity shall be responsible for the pooling of the land under land pooling scheme and all the requirements of the scheme as may be prescribed under the Act shall be complied with;\n(3) The costs for development of the development scheme shall be factored into the project before the developer undertakes the development work;\n(4) The developer entity shall obtain all necessary permissions from the Metropolitan Commissioner / Vice-Chairperson as required under the Act duly paying the prescribed fees and charges to undertake the Scheme;\n(5) The developer entity shall mortgage a part of the Scheme area as may be prescribed in favour of the Authority in order to comply with the conditions of the development scheme. The same shall be re-conveyed by the Metropolitan Commissioner / Vice-Chairperson while issuing the completion certificate of the scheme.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "29", "title": "29. Declaration to take up the land pooling scheme and Suggestions and objections to the notification of intention.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "30", "title": "30. Preparation and notification of Draft Land Pooling Scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "31", "title": "31. Publication of final Land pooling scheme and issue of the LPOC.", "chapter": null, "content": "(a) for providing all the required infrastructure within the reconstituted plot or land and for obtaining development permissions as per applicable regulations;\n(b) to obtain all permissions and requisite 'No Objection Certificates' required for the development of the reconstituted plot; and\n(c) to pay necessary fees and charges as per the rules for the sanction of development permission before commencing any construction activity on reconstituted plots.", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "32", "title": "32. Implementation of final land polling Scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "33", "title": "33. Completion of final land pooling scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "34", "title": "34. Maintenance of the common infrastructure & facilities after issue of completion certificate.", "chapter": null, "content": "(iii) Town Planning Scheme", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "35", "title": "35. Town Planning Scheme.", "chapter": null, "content": "(a) in the course of development;\n(b) likely to be used for residential or commercial or industrial or for building purposes; or\n(c) already built upon.", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "36", "title": "36. Declaration of intention to make a Town Planning Scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "37", "title": "37. Making and publication of draft Town Planning Scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "38", "title": "38. Objections to draft Town Planning Scheme to be considered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "39", "title": "39. Power of Government to sanction draft Town Planning Scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "40", "title": "40. Vesting of land in the Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "41", "title": "41. Appointment of Planning officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "42", "title": "42. Duties of Planning Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "43", "title": "43. Contents of preliminary and final scheme.", "chapter": null, "content": "(a) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for the purpose of the Authority and the final plot / land;\n(b) after giving notice as aforesaid, determine in a case in which a final plot / land is to be allotted to persons in ownership in common, the shares of such persons ;\n(c) provide for the total or partial transfer of any right in an Original Plot to a final plot or provide for the transfer of any right in an Original Plot in accordance with provisions of the Act;\n(d) determine the period within which the works provided in the scheme shall be completed by the Authority.\n(a) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the provisions of clause (c) of sub-section (1) of section 69;\n(b) determine whether the areas used, allotted or reserved for a public purpose or purposes of the Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;\n(c) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;\n(d) calculate the contribution to be levied under sub-section (1) of section 71, on each plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;\n(e) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section 70;\n(f) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of section 71;\n(g) calculate the contribution to be levied on each plot included in the final scheme;\n(h) determine the amount to be deducted from, or added to, as the case may be, the contribution to be levied from a person in accordance with the provisions of section 71;\n(i) estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously affected by the making of the Town Planning Scheme in accordance with the provisions of section 74;\n(j) draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme:\n(ii) If there is any difference of opinion between the Planning Officer and the Authority as to whether a variation made by the Planning Officer is of substantial nature or not, the matter shall be referred by the Authority to the Government whose decision shall be final.", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "44", "title": "44. Certain decisions of Planning officers to be final.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "45", "title": "45. Appeal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "46", "title": "46. Constitution of Board of Appeal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "47", "title": "47. Planning officer to assist Board in advisory capacity.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "48", "title": "48. Place where Board may sit.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "49", "title": "49. Decision of questions of law and other questions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "50", "title": "50. Powers of Board to decide matter finally.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "51", "title": "51. Board not to be a court.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "52", "title": "52. Remuneration of assessors and payment of incidental expenses of Board to be added to costs of scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "53", "title": "53. Decisions of planning officer to be final in certain matters and variation of scheme in view of decision in Appeal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "54", "title": "54. Power to split up sanctioned draft scheme into separate sections.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "55", "title": "55. Submission of preliminary scheme and final scheme to Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "56", "title": "56. Power of Government to sanction or refuse to sanction the scheme and effect of sanction.", "chapter": null, "content": "(a) in the case of Preliminary Scheme, within a period of thirty days from the date of its receipt, and\n(b) in the case of final scheme, within a period of sixty days from the date of its receipt, by notification, sanction the Preliminary Scheme or the Final Scheme or refuse to give sanction, provided that in sanctioning any such scheme, the Government may make such modifications as may, in its opinion, be necessary for the purpose of correcting an error, irregularity or informality.\n(a) the place at which the scheme shall be kept open for inspection by the public, and\n(b) a date on which all the liabilities created by the scheme shall come into force:", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "57", "title": "57. Withdrawal of scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "58", "title": "58. Effect of preliminary scheme.", "chapter": null, "content": "(1) all lands required by the Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Authority free from all encumbrances;\n(2) all rights in the original plots which have been reconstituted into reconstituted plots / land shall be determined and the final plots / land shall become subject to the rights settled by the Planning Officer.", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "59", "title": "59. Power of authority to evict summarily.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "60", "title": "60. Power to enforce the scheme.", "chapter": null, "content": "(a) remove, pull down, or alter any building or other work in the area included in the scheme which is such as contravenes the scheme or in the erection or carrying out of which any provision of the scheme has not been complied with;\n(b) execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "61", "title": "61. Power to vary scheme on ground of error irregularity or informality.", "chapter": null, "content": "(a) appoint a Planning Officer and thereupon the provisions of this Chapter shall so far as may be, apply to such draft variation as if it were a draft scheme sanctioned by the Government\nor\n(b) make the variation with or without modification\nor\n(c) refuse to make the variation.", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "62", "title": "62. Variation of Town Planning Scheme for land allotted for public purpose.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "63", "title": "63. Variation of Town Planning Scheme by another scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "64", "title": "64. Amendment of regulations.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "65", "title": "65. Compensation when scheme is varied.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "66", "title": "66. Apportionment of costs of scheme with drawn not sanctioned.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "67", "title": "67. Right to appear by recognized agent.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "68", "title": "68. Powers of civil courts in respect of certain matters.", "chapter": null, "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of any document;\n(c) receiving evidence on affidavits;\n(d) issuing commissions for the examination of witness or documents.", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "69", "title": "69. Costs of Town Planning Scheme.", "chapter": null, "content": "(a) all sums payable as compensation for land reserved or designated for any public purpose or for the purposes of the Authority which is solely beneficial to the owners of land or residents within the area of the scheme;\n(b) such portion of the sums payable as compensation for land reserved or designated for any public purpose or for the purpose of the Authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public, as is attributable to the benefit accruing to the owners of land or residents within the area of the scheme from such reservation or designation;\n(c) any amount by which the total amount of the values of the original plots exceeds the total amount of the values of the plots included in the final scheme, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme, with all the buildings and works thereon at the said date and without reference to improvements contemplated in the scheme other than improvements due to alteration of its boundaries.\n(d) twenty percent of the amount of the cost of infrastructure provided in the area adjacent to the area of the scheme as is necessary for the purpose of and incidental to the scheme.", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "70", "title": "70. Calculation of increment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "71", "title": "71. Contribution towards costs of scheme.", "chapter": null, "content": "(a) where the cost of the scheme-\n(i) does not exceed half the increment, the cost shall be met wholly by a contribution,\nand\n(ii) exceeds half the increment, to the extent of half the increment It shall be met by a contribution and the excess shall be borne by the Authority;\n(b) where a plot is subject to a mortgage with possession or to a lease, the Planning Officer shall determine in what proportion the mortgagee or lessee on the one hand and the mortgagor or lessor on the other hand shall pay such contribution;\n(c) no such contribution shall be levied on a plot, uses, allotted or reserved for a public purpose or for the purpose of the Authority which is solely beneficial to the owners of land or residents within the area of the scheme; and\n(d) the contribution levied on a plot used, allotted or reserved for a public purpose or for the purpose of the Authority which is beneficial partly to the owners of land or residents within the area of the scheme and partly to the general public shall be calculated in proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation.", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "72", "title": "72. Certain amounts to be added to, or deducted from, contribution to be levied from person.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "73", "title": "73. Transfer of right from original to final plot or extinction of such right.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "74", "title": "74. Compensation in respect of property or right injuriously affected by scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "75", "title": "75. Exclusion of compensation certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "76", "title": "76. Provision for cases in which amount payable to owners exceeds amount due from him.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "77", "title": "77. Provision for cases in which value of developed plots is less than amount payable by owners.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "78", "title": "78. Payment of adjustment of account.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "79", "title": "79. Payment of net amount due to the authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "80", "title": "80. Power of authority to make agreement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "81", "title": "81. Recovery of arrears.", "chapter": null, "content": "Chapter VI\nDevelopment Promotion", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "82", "title": "82. Development permission mandatory.", "chapter": null, "content": "(a) obtaining a Development Permission Order from the Metropolitan Commissioner / Vice-Chairperson, which shall be subject to the development conditions that are applicable and required to be complied with;\nand\n(b) payment of the development charges and other fees and charges to the Authority to be levied under the Act.\n(a) for carrying out such works for the maintenance of a building or land that do not materially alter or affect the building or land;\n(b) for agriculture purpose and for the excavation (including wells, bore wells) made in the ordinary course of agricultural operations and for the construction of un-metalled roads intended to give access to land solely for agricultural purposes;\n(c) In case of any operational construction.", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "83", "title": "83. Use and development of land and buildings to be in conformity with plans of the authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "84", "title": "84. Application for development permission.", "chapter": null, "content": "(a) granting permission unconditionally\nor\n(b) granting permission subject to such conditions as it may consider necessary\nor\n(c) refuse permission citing the grounds of such refusal which shall be recorded in writing in the order.\n(a) such development permission shall be considered only if the same is undertaken through a licensed developer;\n(b) the licensed developer shall be required to mortgage fifteen percent of the plotted saleable land to the Authority or any other condition as may be prescribed as surety for carrying out the developments and complying with other conditions as per specifications and in the given time period, in the failure of which, the Metropolitan Commissioner / Vice-Chairperson shall be empowered to sell away the mortgaged plots and utilize the amount so realized for completion of the development works.", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "85", "title": "85. Lapse of development permission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "86", "title": "86. Deviations during development.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "87", "title": "87. Revoking of development Permission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "88", "title": "88. Penalty for unauthorized development or for use otherwise than in conformity with sanctioned plans.", "chapter": null, "content": "(a) Without permission as required under the Act; or\n(b) Which is not in accordance with any permission granted or in-contravention of any condition subject to which such permission has been granted;\n(c) After the permission for development has been duly revoked; or\n(d) In-contravention of any permission which has been duly modified;", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "89", "title": "89. Power to require removal of unauthorized development.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "90", "title": "90. Power to stop unauthorized development.", "chapter": null, "content": "[90A. Regulation and Penalization of buildings constructed without sanctioned plan.\n(a) Submission of building plans to the competent authority duly paying all categories of fees and charges.\n(b) The construction shall be subject to die condition that all parameters laid down in relevant statutes, Master plan, Zonal Development Plan, Building Bye-Laws, Building Rules and other relevant Government Orders including Andhra Pradesh Fire Services Act, 1999 and the National Building Code are satisfied.\n(c) Payment of penalty equivalent to Thirty Three Percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable.", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "91", "title": "91. Recovery of expenses incurred.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "92", "title": "92. Constitution of Building Tribunal.", "chapter": null, "content": "Chapter VII\nAcquisition, Assembly and Disposal of Lands", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "93", "title": "93. Acquisition of Property by the Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "94", "title": "94. Acquisition of Land by Negotiated Settlement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "95", "title": "95. Power to Acquire Land under.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "96", "title": "96. Creation and Management of Land Development Bank.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "97", "title": "97. Transfer of Government Land to the Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "98", "title": "98. Acquisition of Land by Transferable Development Rights.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "99", "title": "99. Disposal of Land and Other Property by the Authority.", "chapter": null, "content": "Chapter VIII\nDevelopment fee and Charges", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "100", "title": "100. Levy of Development Charges.", "chapter": null, "content": "(a) the change of use of land or building or both;\n(b) the carrying out of development of any land or building or both.", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "101", "title": "101. Assessment and Recovery of Development Charges.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "102", "title": "102. Levy of user charges.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "103", "title": "103. To levy specific cess for capital infrastructure projects.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "104", "title": "104. To levy betterment charge or impact fee to capture value.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "105", "title": "105. Recovery of Arrears.", "chapter": null, "content": "Chapter IX\nFinance, Accounts, Budget and Audit", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "106", "title": "106. Development Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "107", "title": "107. Development Fund and its Application.", "chapter": null, "content": "(a) all moneys received from the Central Government and the State Government by way of revolving fund, grants, loans, advances or otherwise;\n(b) all moneys borrowed by the Authority by way of loans or debentures;\n(c) all moneys received by the Authority from the disposal of lands, buildings and other properties, movable and immovable;\n(d) sum of money received from projects implemented under Development Schemes;\n(e) all moneys earned from remunerative projects and schemes by way of rent or otherwise, and disposal of its assets;\n(f) sum of money received by way of user charges;\n(g) all development charges or other charges, fees received under the Act or rules or regulations made there under;\n(h) all moneys received from financial institution or other agencies in the form of equity; and\n(i) any other sum of money received by the Authority from any other sources, including constituent Local Authorities, for performing its functions.\n(a) the expenditure incurred in the administration of the Act;\n(b) the cost of acquisition of land for the purposes of the Act;\n(c) expenditure for any development of land for ensuring planned development in the development area;\n(d) any expenses incurred by the Authority in connection with preparation of Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan or Land Pooling Scheme [LPS] or Town Planning Scheme [TPS] or a Development Scheme or any other plans, undertaking surveys, studies, and execution of projects and schemes;\n(e) the maintenance of sinking fund and other separate accounts required under the Act;\n(f) the construction of buildings, development of infrastructure and provision of amenities and such other public purposes as required.\n(a) for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or\n(b) for the purpose of defraying, pending the receipt of money due in respect of a loan authorized to be raised under sub-section (4), expenses intended to be defrayed by such loan.\n(a) The Head of the Finance Section of the Authority shall be responsible for administering the Development Fund and should be responsible for its administration, management and monitoring;\n(b) The Development Fund shall be audited annually by reputed professional audit firms;\n(c) The Development Fund shall be managed using professional fund management practices including treasury, cash management and investment portfolio management;\n(d) All returns generated via investments made using Development Fund to accrue back to the Development Fund only;\n(e) The Head of the Finance Section shall prepare and submit annual investment plans (along with the budget) outlining investment and funding strategy for the year.", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "108", "title": "108. Budget of the Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "109", "title": "109. Annual Plan and Report.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "110", "title": "110. Power of investment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "111", "title": "111. Pension and Provident Fund.", "chapter": null, "content": "Chapter X\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "112", "title": "112. Power of entry and power to demarcate and survey.", "chapter": null, "content": "(1) making any enquiry, inspection, measurement or survey or taking levels of such land or building;\n(2) examining works under construction and ascertaining the course of public utilities and drains, etc;\n(3) digging or boring into the sub-soil;\n(4) setting out boundaries and demarcation of intended alignment of roads, public utilities and other works;\n(5) making such levels, boundaries, demarcations and lines by placing marks and cutting trenches;\n(6) ascertaining whether any land or property is being affected in the Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan or Development Scheme or Land Pooling Scheme or Town Planning Scheme, road or public utility alignments, etc.;\n(7) grounding of new alignment of roads or road widening or alignment of new communication network in any land;\n(8) ascertaining whether any land or property is being or has been developed in accordance with the Development Permission or in contravention of the provisions of the Act, or conditions subject to which the Development Permission has been issued are being or have been complied with or not;\n(9) doing any other thing necessary for the implementation of the Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan or Development Scheme or Land Pooling Scheme or Town Planning Scheme or other provisions for the efficient administration of the Act:\n(a) no such entry shall be made except between the hours of 6 A.M. and 6 P.M.;\n(b) the development rights of the owner of the land would not be affected by such actions or by grounding of the said network;\n(c) due regard shall always be had so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building or property entered or surveyed or demarcated;\n(d) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building or property.", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "113", "title": "113. Certain plans already prepared and sanctioned are deemed to have been prepared and sanctioned under the Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "114", "title": "114. Effect of other laws.", "chapter": null, "content": "(a) When permission for development in respect of any land [for layout or sub-division of plot or construction] or building or institution of use or change of use of any land or building has been obtained under the Act, such development shall not be deemed to be unlawfully undertaken or carried out by reasons only of the fact that permission, approval or sanction required under such other law for such development has not been obtained.\n(b) When permission for development in respect of any land [for layout or sub-division of plot or construction] or building or institution of use or change of use of any land or building has not been obtained under the Act, such development shall not be deemed to be lawfully undertaken or carried out by reasons only of the fact that permission, approval or sanction required under such other law for such development has been obtained.", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "115", "title": "115. Power to delegate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "116", "title": "116. Power to make Rules.", "chapter": null, "content": "(a) the terms of office of members and staff, their allowances and other conditions of service, summoning and holding of meetings and the conduct of business of the authority and executive committee, powers and functions of the Chairperson, the Metropolitan Commissioner / Vice-Chairperson and any other member;\n(b) the conditions of service, salaries and allowances of the members, officers and staff;\n(c) the procedure to be followed in connection with the preparation, publication, submission and approval of the Plans prepared under the Act, and the manner of the publication of the notice inviting objections and suggestions relating to any such Plan;\n(d) the form, manner and procedure for modifications to the Plans prepared under the Act, the payment of fees and rates of conversion charges for such modifications;\n(e) the procedure for permitting or undertaking Land Pooling Scheme, Town Planning Scheme, Layout developments and their requirements, development specifications and conditions;\n(f) the form and manner of Transferable Development Rights the Authority may take up with owners;\n(g) the procedure for assessment, levy and collection of impact fee, cess, development charges, urban infrastructure fee and calculation and assessment for the land and buildings;\n(h) the functioning and conduct of meetings and any other matters relating to the powers and functions of the Authority and Executive Committee;\n(i) the control and management of lands and buildings acquired by, vested in or belonging to, the Authority;\n(j) any other matter which has to be or may be made by rules.", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "117", "title": "117. Power to make regulations.", "chapter": null, "content": "(1) the conditions of service of other employees appointed on contract or otherwise, by the Authority, their duties and responsibilities and the control and restrictions in relation of such appointments;\n(2) the plan programs of the Authority, stages of implementation of the Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan;\n(3) the issues related to traffic and transportation in the development area.\n(4) the form, manner and procedure for the application for Development Permission, the payment of fees, rates of user charges, form of ownership clearance and fees payable, and conditions to be complied with by the applicant and the Local Authority while considering the building permissions based on the Development Permission given by the Authority;\n(5) the form and manner of sanctioning of the building permissions by the Local Authority and conditions to be adhered to, and responsibilities of Local Authority there to;\n(6) the form and conditions of licensing the real estate company, developer, builder, architect, surveyor, town planner, structural engineer, engineer and other technical personnel;\n(7) the form and content of mortgage deed and other conditions of surety to be complied by licensed developer and licensed technical personnel;\n(8) the form and manner of conditionality of undertaking road development schemes by the Authority or Local Authority or State Government agency concerned;\n(9) the details and rates in respect of levy of user charges under the provisions of the Act;\n(10) the form and manner of preparation of Annual Plans and Budget, and Annual reports of the Authority;\n(11) the procedure to be followed for borrowing money or raising money through loans, debentures and bonds and their repayment;\n(12) form and manner for taking over lands by the Authority under negotiated settlement;\n(13) the opening, keeping, closing and internal audit of accounts of the Authority;\n(14) loans and allowances to officers and staff of the Authority;\n(15) the professional and technical training of officers and staff of the Authority;\n(16) the terms of entry, conditions of service, termination, job charts, duties and responsibilities of officers / staff of the Authority along with skills, experience and qualifications required to hold them;\n(17) the method of entering into contract while hiring staff from the market or deputing staff from any government or any government organizations;\n(18) any other matter which is required to be provided by regulations.", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "118", "title": "118. Power of Government to issue directions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "119", "title": "119. Returns and Information.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "120", "title": "120. Service of Notice.", "chapter": null, "content": "(a) in the case of an individual,-\n(i) by delivering it to the individual personally,\n(ii) by leaving it with an adult person apparently resident or employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual:\n(iii) If the aforesaid methods are not possible, by affixing a copy of the notice in a conspicuous place at the usual or last known address of the place of residence or place of business of the individual; or\n(iv) by electronic communication, by sending an electronic communication of the notice to the last email address given to the Authority by the individual as the email address for the service of documents on the individual;\n(b) in the case of a partnership other than a limited liability partnership, -\n(i) by delivering it to any one of the partners or the secretary or other like officer of the partnership;\n(ii) by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in India;\n(iii) by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in India; or\n(iv) by sending an electronic communication of the notice to the last email address given to the Authority by the partnership as the email address for the service of documents on the partnership; and\n(c) in the case of any limited liability partnership or any other body corporate,-\n(i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof, or to any person having, on behalf of the limited liability partnership or other body corporate, powers of control or management over the business, occupation, work or matter to which the notice relates;\n(ii) by leaving it at, or by sending it by pre-paid registered post to the registered office or principal place of business of the limited liability partnership or other body corporate in India;\n(iii) by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal place of business of the limited liability partnership or other body corporate in India or elsewhere: or\n(iv) by sending an electronic communication of the notice to the last email address given to the Authority by the limited liability partnership or other body corporate as the email address for the service of documents on the limited liability partnership or body corporate.\n(a) may be served by delivering it to an adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice to a conspicuous part of the premises; and\n(b) shall be deemed to be properly addressed if addressed by the description of the occupier of the premises without further name or description.\n(a) sent by registered post to any person, it shall be deemed to be duly served on the person at the time when it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post;\n(b) sent by ordinary post to any person, it shall be deemed to be duly served on the person to whom it is addressed on the day succeeding the day on which it would, in the ordinary course of post, be delivered;\n(c) sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal place of business, it shall be deemed to be duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal place of business, as the case may be; and\n(d) sent by electronic communication to an email address, it shall be deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "121", "title": "121. Notice to fix reasonable time.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "122", "title": "122. Public Notice how to be made known.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "123", "title": "123. Obstructing officers of the Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "124", "title": "124. Prosecution, Magistrate's power etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "125", "title": "125. Exclusion of liability for errors or omissions in information supplied.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "126", "title": "126. Offence by body corporate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "127", "title": "127. Powers and duties of Police Officers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "128", "title": "128. Fines to be paid to the Authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "129", "title": "129. Compounding offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "130", "title": "130. Exemption.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "131", "title": "131. Confidentiality and intellectual property rights.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "132", "title": "132. Interpretation of the Act.", "chapter": null, "content": "", "footnote": "", "is_definition": true, "sort_order": 132 }, { "number": "133", "title": "133. Bar of Legal proceedings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "134", "title": "134. Members, Officers and Servants of the Authority and Tribunal to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 134 }, { "number": "135", "title": "135. Ex-gratia payments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 135 }, { "number": "136", "title": "136. Gifts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 136 }, { "number": "137", "title": "137. Boundary to be out of jurisdiction and cessation of powers of local authorities in the development area.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 137 }, { "number": "138", "title": "138. Periphery area of the development area.", "chapter": null, "content": "(a) The Authority constituted under the Act shall also be Authority for the periphery area;\nand\n(b) The powers and functions of the Authority, the Executive Committee and the Metropolitan Commissioner / Vice-Chairperson shall extend to the periphery area.", "footnote": "", "is_definition": false, "sort_order": 138 }, { "number": "139", "title": "139. Dissolution of the authority by the Government.", "chapter": null, "content": "(a) All properties, funds and dues which are vested in or realizable by the Authority shall vest in, or be realizable by the Government;\n(b) All Government vacant lands placed at the disposal of the Authority shall revert to the Government;\n(c) All liabilities which are enforceable against the Authority shall be enforceable against the Government; and\n(d) For the purposes of carrying out any development which has not been fully carried out by the Authority and for the purposes of realizing properties, funds and dues referred to in clause (a) the functions of the Authority shall be discharged by the Government.", "footnote": "", "is_definition": false, "sort_order": 139 }, { "number": "140", "title": "140. Dissolution of existing Authority.", "chapter": null, "content": "(b) notwithstanding anything contained in clause (a), Government shall have right to redeploy persons under the employment of the former Authority to other similar Authorities or to other local bodies in the State or to any other government department or agency.\n(c) until such time as terms and conditions of service are drawn up by the Authority, the schemes and terms and conditions of service of the former Authority shall continue to apply to every person transferred to the service of the Authority under this Act as if he were still in the service of the former Authority.\n(d) the terms and conditions to be drawn up by the Authority shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under this Act while in the employment of the former Authority and any such term or condition relating to the length of service with the Authority shall provide for the recognition of service under the former Authority by the persons transferred to be service by them under the Authority.\n(e) nothing in the terms and conditions to be drawn up by the Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable to them.\n(f) where any person in the service of the Authority whose case does not come within the scope and effect of any pension or other schemes referred to under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority may think fit, such allowance or gratuity as the Authority may determine.\n(g) where on the date of constitution of an Authority under this Act any disciplinary proceedings were pending against any employee of the former Authority who has been transferred to the service of the Authority under this Act, the proceedings shall be carried on and completed by the Authority under and inconformity with this Act as far as practicable; but where on that date any matter was in the course of being heard or investigated or had been heard or investigated by the former Authority and no order or decision had been rendered thereon, the former Authority shall continue to exist, notwithstanding this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision, as the case may be.\n(h) for the purposes of completing a hearing or investigation before it, or making an order or rendering a decision on a matter heard or investigated before the date of enactment of the Act, the former Authority shall complete the hearing or investigation in accordance with the authority vested in the former Authority or committee immediately before that date and make such order or direction as the former Authority could have made under the authority vested it immediately before that date.\n(i) any order, rule or direction made or given by the former Authority shall be treated as an order or direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.\n(j) the Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while he was in the employment of the former Authority, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by the former Authority or any other person acting under its authority or direction or otherwise, as if this Act had not been enacted.", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "141", "title": "141. Proceedings of the Authority, acting Chair person on Metropolitan Commissioner/Vice-Chairperson.", "chapter": null, "content": "(a) is mentally disordered and incapable of managing himself or his affairs; or\n(b) is an un-discharged bankrupt or has made any arrangement or composition with his creditors; or\n(c) is convicted of an offence.\n(b) A disclosure under clause (a) shall be recorded in the minutes of the meeting of the Authority and, after the disclosure, that member,-\n(i) shall not take part in any deliberation or decision of the Authority with respect to that transaction or project; and\n(ii) shall be disregarded for the purpose of constituting a quorum of the Authority for such deliberation or decision.\n(c) No act or proceedings of the Authority shall be questioned on the ground that a member has contravened this section.\n(b) The quorum at every meeting of the Authority shall be one-third of the total number of members or six members, whichever is the higher.\n(c) Decisions at meetings of the Authority shall be adopted by a simple majority of the votes of the members present and voting; and in the case of equality of votes, the Chairperson or in his absence the Deputy Chairperson in case of Metropolitan Region Development Authority / Vice-Chairperson in case of Urban Development Authority shall have a casting vote.\n(d) The Chairperson or in his absence the Deputy Chairperson in case of Metropolitan Region Development Authority / Vice-Chairperson in case of Urban Development Authority shall preside at meetings of the Authority.\n(e) The Authority may act notwithstanding any vacancy in its membership.\n(f) Subject to the provisions of this Act, the Authority may make guidelines to regulate its own procedure, and, in particular, the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minuted.", "footnote": "", "is_definition": false, "sort_order": 141 }, { "number": "142", "title": "142. Repealing of Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) and Savings.", "chapter": null, "content": "(b) Anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, bye-law, regulation or form made or granted or issued) under any provision of the aforesaid Act, shall so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions.", "footnote": "", "is_definition": false, "sort_order": 142 } ], "metadata": { "Act ID": "Last Updated 19th March, 2020 [ap274]", "Act Number": "(Act No. 5 of 2016)", "Enactment Date": "", "Act Year": "2016", "Short Title": "Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016", "Type": "STATE", "Location": "Andhra Pradesh" }, "updated_at": "2026-09-29 21:55:18" }