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Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017
Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017
Sections
1. Short title and commencement.
Section 12. Definitions.
Section 23. Constitution of the Andhra Pradesh Tourism, Culture and Heritage Board.
Section 34. Constitution of the Andhra Pradesh Tourism, Culture and Heritage Executive Committee.
Section 45. Appointment of other committees.
Section 56. Constitution of Authority/Commission.
Section 67. Appointment of other committees by the authority or Commission.
Section 78. Constitution of Local Councils.
Section 89. Common seal and execution of documents.
Section 910. Functions of the Board.
Section 1011. Functions of the Authorities or Commissions.
Section 1112. Powers of the Board.
Section 1213. Powers of Authority or Commission.
Section 1314. Powers of Government in relation to the Board.
Section 1415. Powers of delegation.
Section 1516. Director General of the Board.
Section 1617. Chief Executive of Authority.
Section 1718. Appointment of staff.
Section 1819. Payments to the Authorities or Commissions.
Section 1920. Establishment and administration of Fund.
Section 2021. Purposes of Fund.
Section 2122. Annual estimates.
Section 2223. Payments to the Authority or Commission.
Section 2324. Annual plan and report.
Section 2425. Pension and Provident Fund.
Section 2526. Expenditure Sanction.
Section 2627. Other financial provisions.
Section 2728. Authority or Commission symbol.
Section 2829. Compounding of offences.
Section 2930. Recovery of financial penalties.
Section 3031. Service of notice.
Section 3132. Public Notice how to be made known.
Section 3233. Notices etc, to fix reasonable time.
Section 3334. Obstructing officers of Board, Authority or Commission.
Section 3435. Prosecution, Magistrate's power etc.
Section 3536. Exclusion of liability for errors or omissions in information supplied.
Section 3637. Offence by body corporate.
Section 3738. Bar of Legal proceeding.
Section 3839. Protection of acts done in good faith.
Section 3940. Members, Officers and Employees of the Authority or Commission to be public servants.
Section 4041. Power to make regulations.
Section 4142. Power to make rules.
Section 4243. Exemption.
Section 4344. Interpretation of the Act.
Section 4445. Dissolution of the Board, Authority or Commission by the Government.
Section 4546. Dissolution of erstwhile department.
Section 4647. Transitional provisions.
Section 4748. Repeal of Ordinance No. 6 of 2016.
Section 481. Temporary Chairman or Vice Chairman.
Section 12. Vacation of office of member.
Section 23. Disqualification from membership.
Section 34. Member's interest to be made known.
Section 45. Meetings of Board.
Section 56. Validity of acts of members.
Section 61. Transfer of assets and liabilities.
Section 12. Existing agreements, etc.
Section 23. Pending legal proceedings.
Section 34. Transfer of employees.
Section 45. Conditions of service.
Section 56. Pension benefits.
Section 67. Continuation and completion of disciplinary proceedings.
Section 78. Misconduct or neglect of duty by employee before transfer.
Section 8
andhra-pradesh-tourism-culture-and-heritage-board-act-2017.json
•
62 Sections
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Andhra Pradesh
{
"id": 14830,
"slug": "andhra-pradesh-tourism-culture-and-heritage-board-act-2017",
"title": "Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017",
"short_title": "Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017",
"act_number": "(Act No. 4 of 2017)",
"act_year": 2017,
"act_type": "STATE",
"location": "Andhra Pradesh",
"law_status": "unknown",
"enactment_date": null,
"description": "Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(1) \"Authority\" means an Authority constituted under section 6;\n(2) \"Board\" means the Andhra Pradesh Tourism, Culture and Heritage Board constituted under section 3;\n(3) \"Chief Executive\" means the Chief Executive of the Authority or Commission appointed under section 17 and includes any acting Chief Executive;\n(4) \"Commission\" means the Commission constituted under section 6;\n(5) \"Company\" means a body corporate registered under the Companies Act, 2013(Act No. 30 of 2013) and includes a firm or association of individuals;\n(6) \"Constituent body\" means any entity formed under sections 4 to 8;\n(7) \"Director-General\" means the Director - General of the Board referred to under section 16;\n(8) \"Erstwhile departments\" means the department of Tourism, the department of Culture, the department of Archaeology and such other departments as may be notified from time to time, except the Administrative departments in the Andhra Pradesh Secretariat;\n(9) \"Financial year\" means a period of twelve months beginning on 1st day of April and ending on the last day of the March of the succeeding year;\n(10) \"Fund\" means a Fund established under section 20;\n(11) \"Government\" means the State Government of Andhra Pradesh;\n(12) \"Local Body\" means a Municipal Corporation constituted under the respective Act, or a Municipality or a Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965 or a Gram Panchayat constituted under the Andhra Pradesh Panchayat Raj Act, 1994 or any other body constituted under the relevant Act to govern the urban services;\n(13) \"Notification\" means a notification published in the Andhra Pradesh Gazette and the word \"notified\" shall be construed accordingly;\n(14) \"Prescribed\" means prescribed by rules made by the Government under this Act;\n(15) \"Regulations\" means regulations made under section 41 of this Act;\n(16) \"Rules\" means rules made under section 42 of this Act;\n(17) \"State\" means the State of Andhra Pradesh;\n(18) \"Successor Authority\" means an Authority constituted under this Act in the place of an erstwhile department to perform its functions.\nPart-II\nConstitution of Board, Executive Committee, Authorities, Commissions and Local Councils",
"footnote": "",
"is_definition": true,
"sort_order": 1
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{
"number": "3",
"title": "3. Constitution of the Andhra Pradesh Tourism, Culture and Heritage Board.",
"chapter": null,
"content": "(a) The Chief Minister - Chairman;\n(b) Minister(s) for Tourism, Culture, and Heritage - Vice Chairmen;\n(c) The Minister for Finance- Member;\n(d) The Chief Secretary to Government - Member;\n(e) The Director - General and Secretary to Government in charge of Tourism and Culture - Member - Convener;\n(f) The Secretary to Government, Finance department- Member;\n(g) Two Secretaries to Government nominated by the Government - Members;\n(h) Chief Executive Officers of all the Authorities/Commissions created under this Act - Members\n(i) Four experts, who possess knowledge in tourism, culture and heritage to be appointed by the State Government-Members; and\n(j) Any other officer or expert whom the Board thinks necessary as special invitee.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Constitution of the Andhra Pradesh Tourism, Culture and Heritage Executive Committee.",
"chapter": null,
"content": "(a) Director - General - Chairman\n(b) Chief Executive Officer of Tourism Authority - Member- Convener\n(c) All Chief Executive Officers of Authorities/Commissions - Members\n(d) Nominee of department of Finance - Member\n(e) Three experts one each from the fields of Tourism, Culture and Heritage nominated by the Board/Government - Members.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Appointment of other committees.",
"chapter": null,
"content": "(i) Chief Secretary - Chairman;\n(ii) Secretary to Government in charge of Tourism and Director-General - member;\n(iii) Secretary to Government in charge of Finance Department - Member;\n(iv) Up to four Secretaries nominated by Chief Secretary - Members;\n(v) Chief Executive Officer, Tourism Authority - member-convener.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Constitution of Authority/Commission.",
"chapter": null,
"content": "(a) Tourism;\n(b) Creativity and Culture;\n(c) Heritage; and\n(d) any other matter for which an Authority or Commission has to be constituted.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Appointment of other committees by the authority or Commission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Constitution of Local Councils.",
"chapter": null,
"content": "(a) District Collector- Chairperson;\n(b) Four officials of whom one shall be a member-convener; and\n(c) Not more than four experts nominated by the District Collector;\n(a) Municipal Commissioner/Commissioner, Amaravati Capital City Area- Chairperson;\n(b) Four officials of whom one shall be a member-convener; and\n(c) Not more than four experts nominated by the Municipal Council;",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Common seal and execution of documents.",
"chapter": null,
"content": "Part-III\nFunctions of the Board, Authorities and Commissions",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Functions of the Board.",
"chapter": null,
"content": "(a) tourism matters including planning, development, regulation, notification/regulation/development control in special tourism zones, tourism promotion, investment promotion and so on;\n(b) creativity and culture matters including protection, preservation, development, promotion, creating awareness and enabling enjoyment of culture, art and creativity of Telugu people;\n(c) Heritage matters including protection, preservation, conservation, promotion of understanding and enjoyment of tangible and intangible heritage;\n(d) Coordination between departments of Government such as-,\n(i) facilitation of integrated planning with other departments;\n(ii) resolving inter-departmental issues;\n(iii) coordination and facilitation of infrastructure development such as roads, water supply, electricity and so on relating to other departments;\n(iv) monitoring the implementation of infrastructure projects, incentives and concessions; and\n(v) resolution of issues relating to pending clearances of other departments of Government; and\n(e) Any other function assigned to the Board by the Government from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Functions of the Authorities or Commissions.",
"chapter": null,
"content": "Part IV\nPowers of the Board, Authorities, and Commissions",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Powers of the Board.",
"chapter": null,
"content": "(a) tourism matters including planning and development, notification of special tourism zones, development regulation in special tourism zones, infrastructure development, registration and classification of tourism enterprises/hotels/tour operators/ travel agencies, tourism promotion, tourist police for safety and security of tourists, investment promotion, formulation and implementation of incentive policy, research etc;\n(b) creativity and culture matters including protection, preservation, development, promotion, creating awareness and enabling enjoyment of culture, art and creativity of Telugu people;\n(c) Heritage matters including protection, preservation, conservation, regulation, of tangible or intangible heritage; and\n(d) such other powers as may be prescribed.\n(a) supervise and issue directions to the Authorities or Commissions formed under this Act;\n(b) direct an authority/commission to produce any extract from any of its proceedings or any other committee constituted under this Act, record, correspondence or other document; or to furnish any return, plan, estimate, statement, account or statistics or to furnish or to obtain any report.\n(c) approve the policy, financial, staffing and such other proposals of the Authorities or Commissions;\n(d) review performance of authorities, companies, special purpose vehicles or such other entities formed under this Act;\n(e) coordinate the activities and programs of all the authorities and constituent bodies formed under this Act;\n(f) fix annual performance targets and review performance of authorities, companies, special purpose vehicles or such other joint venture entities formed under this Act or otherwise;\n(g) approve the annual budgets of the Authorities or Commissions;\n(h) to accord sanction of expenditure to the Authorities/Commissions constituted under this Act as per annual budget approved;\n(i) permit formation of companies, special purpose vehicles, joint ventures, trusts and societies for meeting the objectives of this Act;\n(j) approve the annual budgets of the Authorities/ Commissions constituted under this Act;\n(k) associate with experts or organizations, public or private, national or international, for assistance or advice upon payment of fees as decided;\n(l) send any officer or employee of the Board or Authority or Commission to another state or country for capacity building or collaboration or promotional activities;\n(m) for purposes of functioning of the board, direct any Authority or Commission: to make remuneration/ payments to the members of the Board, to hire and provide required staff, to provide office space, and to provide incidental office expenditure/ material supplies/ office support;\n(n) accord permission for hiring skilled personnel at competitive market rates;\n(o) approve policies/ guidelines/ standards cutting across different authorities;\n(p) issue directions to the authorities or the constituent bodies or persons with regard to the implementation of any development project or scheme financed under this Act, and any such authority or constituent body or person shall be bound to comply with such directions;\n(q) ratify the action taken by the officers and constituent bodies to facilitate timely decision making;\n(r) notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with by the person to whom it is issued:\n(s) to undertake any other activity incidental or necessary to further the interests of the Board, duly recording the reasons thereto;\n(t) sanction incentives for tourism projects;\n(u) in the case of Public-Private-Partnership projects, it shall have powers,-\n(1) to direct an Authority or Commission to conceptualise projects, conduct feasibility studies, prepare detailed plans and designs, authorise invitation of tenders, select successful bidder, and appoint selected bidder; and\n(2) to undertake Public-Private-Partnership projects without reference to any authority established under any other Act for the time being in force or any non-statutory body;\n(v) allocate any land transferred to an Authority/ Commission on sale or lease basis either for government or private or public-private-partnership tourism projects; and\n(w) take any other decision or acts which are in consonance with the purposes of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Powers of Authority or Commission.",
"chapter": null,
"content": "(a) Financial/ property related,-\n(i) to acquire, take on lease, hire, hold and enjoy movable and immovable property and to convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property belonging to the Authority or Commission upon such terms as the Authority or Commission considers fit;\n(ii) to sanction and execute infrastructure and other works;\n(iii) to conceptualise plans/ schemes and programs;\n(iv) to enter into any contract or agreement for carrying out the purposes of this Act;\n(v) to receive, in consideration of the services rendered by the Authority or Commission, such commission or payment as may be agreed upon;\n(vi) with the approval of the Government, to subscribe for or acquire any stock, share, bond, debenture or other financial instrument in any company;\n(vii) with the approval of the Board or Government -\n[A] to enter into any joint venture with any person; or\n[B] to form or participate in the formation of any company, whether in India or elsewhere, for the purpose of carrying out all or any of the functions of the Board;\n(viii) with the approval of the Government, to borrow money for such of the purposes of the Authority or Commission as the Authority or Commission may from time to time deem fit;\n(ix) to dispose of capital assets and to use the proceeds from such disposal as the Authority or Commission deems fit;\n(x) to impose fees or any other charges it deems fit for carrying out any of its functions;\n(xi) to accept gifts, legacies or donations and apply them for one or more of its functions; and\n(xii) to exercise all powers and perform all duties which, under any other written law, are or may be or become vested in or delegated to the Authority or Commission;\n(b) General matters:\n(i) to undertake surveys, studies, research and training in fields relating to its functions;\n(ii) to enter into such negotiations and arrangements as the Authority or Commission considers necessary for the performance of its functions;\n(iii) with the approval of the Government, to make regulations for the establishment of any scheme for the payment of superannuation benefits to such employees or classes of employees as the Authority or Commission may determine, on their death or retirement from the service of the Authority or Commission or on their otherwise leaving the service of the Authority or Commission;\n(iv) to exercise all powers and perform all duties which, under or by virtue of any other written law, may be vested or delegated to it; and\n(v) generally to do all such matters and things as may be incidental to or consequential upon the exercise of the Authority's or Commissions powers or the discharge of its duties under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Powers of Government in relation to the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Powers of delegation.",
"chapter": null,
"content": "(a) any authority subordinate to it;\n(b) any of the officers or employees of the Board or its constituent bodies;\n(c) any of the officers or employees of a Local Body; and\n(d) any special purpose vehicle or company of any Authority or Commission.\nPart V\nStaff Provisions",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Director General of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Chief Executive of Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Appointment of staff.",
"chapter": null,
"content": "(a) create functional services departments and corporate services departments with such names as it may determine within the Authority or Commission with the approval of the Board;\n(b) create such positions with such designations in the departments as it may determine with the approval of the Board;\n(c) appoint such number of persons on such terms as to remuneration, duration, designation or otherwise against the positions created, as it may determine for effective performance and discharge of its functions notwithstanding any prohibition in any other Act with the approval of the Board; and\n(d) initiate disciplinary action or terminate appointment or dismiss the persons appointed and an appeal against such decision shall lie to the Board.\nPart-VI\nFinancial Provisions",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Payments to the Authorities or Commissions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Establishment and administration of Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Purposes of Fund.",
"chapter": null,
"content": "(a) the payment of the expenses of, or connected with, the administration of the Authority or Commission; and\n(b) the payment of all expenses necessary for carrying out the purposes of this Act and any regulations made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Annual estimates.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Payments to the Authority or Commission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Annual plan and report.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Pension and Provident Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Expenditure Sanction.",
"chapter": null,
"content": "(a) The Chief Executive Officer, Director General and Executive Committee shall have power to sanction expenditure as may be specified.\n(b) Council shall have powers to sanction expenditure within the budgetary amount allocated to it for the financial year by the Authority or Commission or Government.\n(a) All works executed by the Authority or Commission shall be technically sanctioned by an engineer of the Authority/ Commission designated in this regard by the Authority/ Commission or an independent engineer engaged for the purpose, irrespective of the estimated amount.\n(b) All works executed by a Council may be technically sanctioned by any engineer as decided by the council irrespective of the amount.",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Other financial provisions.",
"chapter": null,
"content": "Part VII\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Authority or Commission symbol.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Compounding of offences.",
"chapter": null,
"content": "(a) one half of the amount of the maximum fine that is prescribed for the offence;\n(b) twenty thousand rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Recovery of financial penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. 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 at, or by sending it by prepaid registered post to, the usual or last known address of the place of residence of the individual;\n(iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the place of business of the individual;\n(iv) 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(v) by electronic communication, by sending an electronic communication of the notice to the last email address given to the Board 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 prepaid 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 electronic communication, by sending an electronic communication of the notice to the last email address given to the Board 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 prepaid 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 electronic communication, by sending an electronic communication of the notice to the last email address given to the Board 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.\n(a) wilfully refuses or without lawful excuse (the proof of which lies on him) neglects to furnish the particulars or information within the time specified in the notice; or\n(b) wilfully furnishes or causes to be furnished any false particulars or information in respect of any matter specified in the notice requiring particulars or information to be furnished, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding rupees ten thousand or to imprisonment for a term not exceeding six months or to both.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Public Notice how to be made known.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "33",
"title": "33. Notices etc, to fix reasonable time.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "34",
"title": "34. Obstructing officers of Board, Authority or Commission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "35",
"title": "35. Prosecution, Magistrate's power etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "36. Exclusion of liability for errors or omissions in information supplied.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "37. Offence by body corporate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "38. Bar of Legal proceeding.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "39. Protection of acts done in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "40. Members, Officers and Employees of the Authority or Commission to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41",
"title": "41. Power to make regulations.",
"chapter": null,
"content": "(a) the manner of preparation of annual budget and its approval by Government;\n(b) the delegation of powers to officers and employees of the Authority or Commission;\n(c) the opening, keeping, closing of and internal audit of accounts of the Authority or Commission;\n(d) allowances to the staff of the Authority or Commission;\n(e) the professional and technical training of staff of the Authority or Commission;\n(f) the job charts, duties, and responsibilities of various positions in the Authority or Commission along with skills, experience and qualifications required to hold them;\n(g) the method of entering into contract while hiring staff from the market or deputing staff from any Government organization;\n(h) the form and manner of preparation of annual reports of the Authority or Commission; and\n(i) any other matter which is required to be provided by the regulations.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "42",
"title": "42. Power to make rules.",
"chapter": null,
"content": "(a) the procedure of compounding offences;\n(b) the powers of inspection, and powers to examine and secure attendance;\n(c) the terms of office of members, their allowances and other conditions of service;\n(d) the functioning and conduct of meetings ;\n(e) the functions and powers of the Authority or Commission; and\n(f) any other matter which has to be or may be made by rules.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "43",
"title": "43. Exemption.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "44",
"title": "44. Interpretation of the Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": true,
"sort_order": 43
},
{
"number": "45",
"title": "45. Dissolution of the Board, Authority or Commission by the Government.",
"chapter": null,
"content": "(a) All properties, funds and dues which are vested in or realizable by any Authority or Commission shall vest in, or be realizable by the Government;\n(b) All Government vacant lands placed at the disposal of the Authority or Commission shall revert to the Government;\n(c) All liabilities which are enforceable against an Authority or Commission 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 an Authority or Commission and for the purposes of realizing properties, funds and dues referred to in clause (a) the functions of the Board shall be discharged by the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "46",
"title": "46. Dissolution of erstwhile department.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "47. Transitional provisions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "48",
"title": "48. Repeal of Ordinance No. 6 of 2016.",
"chapter": null,
"content": "First Schedule\n( see Section 3)\nProceedings\nProceedings",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "1",
"title": "1. Temporary Chairman or Vice Chairman.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "2",
"title": "2. Vacation of office of member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "3",
"title": "3. Disqualification from membership.",
"chapter": null,
"content": "(a) is mentally disordered and incapable of managing himself or his affairs;\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.",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "4",
"title": "4. Member's interest to be made known.",
"chapter": null,
"content": "(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Board and, after the disclosure, that member -\n(a) shall not take part in any deliberation or decision of the Board with respect to that transaction or project; and\n(b) shall be disregarded for the purpose of constituting a quorum of the Board for such deliberation or decision.\n(3) No act or proceedings of the Board shall be questioned on the ground that a member has contravened this section.",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "5",
"title": "5. Meetings of Board.",
"chapter": null,
"content": "(2) The quorum at every meeting shall be one-third of the total number of members or 3 members, whichever is higher.\n(3) Decisions at meetings shall be adopted by a simple majority of the votes of the members present and voting; and in the case of an equality of votes, the Chairman or in his absence the Vice Chairman shall have a casting vote.\n(4) The Chairman or in his absence the Vice Chairman shall preside at meetings.\n(5) The Board may act notwithstanding any vacancy in its membership.\n(6) The notice period for convening the Board shall not be less than 7 days and in case of short notice meetings not less than 2 days.\n(7) The agenda shall be approved by the Member-Secretary.\n(8) Subject to the provisions of this Act, the Board or Director General may make standing orders 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 minutes.\n(9) Where the Member - Secretary consider it necessary a decision on any important or urgent matter that should be taken in circulation to all the Members including the Chairman, the action shall be taken as per the decision of majority of the Members.",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "6",
"title": "6. Validity of acts of members.",
"chapter": null,
"content": "Second Schedule\n( See Section 27)\nFinancial Provisions\nFinancial Provisions\n(2) A person shall not be qualified for appointment as an auditor under sub-paragraph (1) unless he is an approved company auditor under the Companies Act, 2013\n(a) whether the financial statements show fairly the financial transactions and the state of affairs of the Authority or Commission;\n(b) whether proper accounting and other records have been kept, including records of all assets of the Authority or Commission whether purchased, donated or otherwise;\n(c) whether the financial statements are prepared on a basis similar to that adopted for the preceding year;\n(d) whether the financial statements are in agreement with the accounting and other records;\n(e)whether the receipts, expenditure, investment of moneys, and the acquisition and disposal of assets by the Authority or Commission during the financial year have been in accordance with this Act; and\n(f) such other matters arising from the audit as he considers should be reported.\n(2) The auditor shall send an annual report of his audit to the Authority or Commission and Board not later than 30th September in each year.\nThird Schedule\n( See Section 47)\nTransfer of Assets, Liabilities, Functions and Employees\nTransfer of Assets, Liabilities, Functions and Employees",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "1",
"title": "1. Transfer of assets and liabilities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "2",
"title": "2. Existing agreements, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "3",
"title": "3. Pending legal proceedings.",
"chapter": null,
"content": "(2) Sub-section (1) shall not apply to any proceedings or cause or action relating to any sums of money paid, or payable by way of instalments, to the erstwhile department.",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "4",
"title": "4. Transfer of employees.",
"chapter": null,
"content": "(2) Notwithstanding subsection (1), Government shall have right to redeploy persons under the employment of the erstwhile department to any other government department or agency.",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "5",
"title": "5. Conditions of service.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "6",
"title": "6. Pension benefits.",
"chapter": null,
"content": "(2) Where any person in the service of the Authority or Commission 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 Commission or is discharged from such service, the Authority or Commission may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority or Commission may think fit, such allowance or gratuity as the Authority or Commission may determine.",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "7",
"title": "7. Continuation and completion of disciplinary proceedings.",
"chapter": null,
"content": "(2) 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 commencement of this Act, the erstwhile department shall complete the hearing or investigation in accordance with the authority vested in it immediately before that date and make such order or direction as the erstwhile department could have made under the authority vested it immediately before that date.\n(3) Any order, rule or direction made or given by the erstwhile department pursuant to this section shall be treated as an order or direction of the Authority or Commission and have the same force or effect as if it had been made or given by the Authority or Commission pursuant to the authority vested in the Authority or Commission under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "8",
"title": "8. Misconduct or neglect of duty by employee before transfer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
}
],
"metadata": {
"Act ID": "Last Updated 31st July, 2019 [ap307]",
"Act Number": "(Act No. 4 of 2017)",
"Enactment Date": "",
"Act Year": "2017",
"Short Title": "Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017",
"Type": "STATE",
"Location": "Andhra Pradesh"
},
"updated_at": "2026-09-29 21:55:18"
}