The Andhra Pradesh Capital Region Development Authority Act, 2014.
**THE ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY**

**ACT, 2014**

**ARRANGEMETN OF SECTIONS**

**Chapter I**

**Preliminary**

**Sections**

1. Short title, extent and commencement
2. Definitions

**Chapter II**

**DECLARATION OF CAPITAL REGION, CAPITAL CITY AREA AND**

**CONSTITUTION OF THE AUTHORITY**

3. Declaration of Capital Region and capital city area
4. Constitution of the capital region development authority
5. Nil
6. Executive committee
7. Nil
8. Appointment of other committees
9. Common seal and execution of documents

**Chapter III**

**FUNCTION AND POWERS OF THE AUTHORITY**

10. Function of the authority

11. Powers of the authority

12. Powers of the Executive Committee and Commissioner

13. Nil

14. Gifts

15. Ex-gratia payments

16. Powers of Government in relation to Authority

17. Powers of delegation

18. Power to make rules

19. Power to make regulations / standing orders

20. Power of entry and power to demarcate and survey


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**Chapter IV**

**PROVISIONS RELATING TO STAFF**

21. Chief Executive of the Authority

22. Appointment of staff

23. Protection of Acts done in good faith

24. Members, Officers and Servants of the Authority and Tribunal

to
Public servants. Central Act XLV of 1860

**Chapter V**

**FINANCIAL PROVISIONS**

25. Development fund and revolving fund

26. Powers of taxation

27. Selling powers

28. Mobilising financial resources

29. Issue of Securities, etc

30. Annual estimates

31. Annual plan report

32. Power of investment

33. Application of revenues of Authority

34. Pension and Provident Fund.

35. Other financial provisions.

**Chapter VI**

**UNIFIED TRANSPORT AUTHORITY**

36. Constitution of Unified Transport Authority
37. Powers and functions of the unified transport authority

**Chapter VII**

**PLANNING PROCESS**

38. Preparation of development plans for the capital region
39. Process of approval of plans
40. Power to undertake preparation of area development Plans
41. Modification to the sanctioned development plans
42. Enforcement of the sanctioned plans


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**Chapter VIII**

**DEVELOPMENT SCHEMES**

43. Development scheme
44. Provisions of the development scheme
45. Content of the development scheme
46. Infrastructure and amenities to be provided
47. Cost of the scheme
48. Reconstitution of plots
49. Restrictions on the use and development of land after publication
of draft development scheme
50. Disputed ownership
51. Registration not required. Act No.XVI of 1908.

**Chapter IX**

**LAND POLLING SCHEME**

52. Land pooling scheme
53. Reservation and allotment
54. Role of developer entity
55. Declaration of intention
56. Draft notification of land pooling scheme
57. Final notification of land polling scheme
58. Implementation of final land polling scheme
59. Completion of final land pooling scheme
60. Infrastructure maintenance

**Chapter X**

**TOWN PLANNING SCHEMES**

61. Town planning scheme
62. Declaration of intention to make a scheme
63. Making and publication of draft town planning scheme
64. Objections to draft scheme to be considered
65. Power of Government to sanction draft town planning scheme
66. Vesting of land in the authority
67. Appointment of Planning Officer
68. Duties of Planning Officer
69. Contents of preliminary and final scheme
70. Certain decisions of Planning Officer to be final
71. Appeal
72. Constitution of Board of Appeal
73. Planning Officer to assist Board in advisory capacity
74. Place where Board may sit


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75. Decision of questions of law and other questions
76. Power of Board to decide matter finally
77. Board not to be a court
78. Remuneration of assessors and payment of incidental expenses of
Board to be added to costs of scheme.
79. Decision of Planning Officer to be final in certain matters and
variation of scheme in view of decision in Appeal.
80. Power to split up sanctioned draft scheme into separate sections.
81. Submission of preliminary scheme and final scheme to the
Government.
82. Power of the Government to sanction or refuse to sanction the
scheme and effect of sanction.
83. Withdrawal of scheme.
84. Effect of preliminary scheme.
85. Power of authority to evict summarily.
86. Power to enforce the scheme.
87. Power to vary scheme on ground of error, irregularity or
informality.
88. Variation of Town Planning Scheme for land allotted for public
purpose.
89. Variation of Town Planning Scheme by another scheme.
90. Amendment of regulations.
91. Compensation when scheme is varied.
92. Apportionment of costs of scheme withdrawn not sanctioned.
93. Right to appear by recognized Agent.
94. Powers of civil courts in respect of certain matters. Act No.XVI of
1908.
95. Costs of Town Planning Scheme.
96. Calculation of increment.
97. Contribution towards costs of scheme.
98. Certain amounts to be added to, or deducted from, contribution

to

be levied from person.
99. Transfer of right from original to reconstituted plot or extinction of
such right.
100. Compensation in respect of property or right injuriously affected
by scheme.
101. Exclusion of compensation in certain cases.
102. Provision for cases in which amount payable to owners exceeds
amount due from hm.
103. Provision for case in which value of developed plots is less than
amount payable be owners.


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104. Payment of adjustment of account.
105. Payment of net amount due to the authority.
106. Power of authority to make agreement.
107. Recovery of arrears.

**Chapter XI**

**PROMOTION OF DEVELOPMENT AND USE OF LANDS**

108. Development permission mandatory.
109. Use and development of land and buildings to be in conformity
with plans of the authority.
110. Application for development permission.
111. Lapse of development permission
112. Deviations during development.
113. Revoking of Development Permission.
114. Penalty for unauthorized development or for use otherwise than
in conformity with sanctioned plans.
115. Power to require removal of unauthorized development.
116. Power to stop unauthorized development.
117. Recovery of expenses incurred.
118. Constitution of building tribunal.

**Chapter XII**

**PROVISIONS RELATING TO LEVY, ASSESSMENT AND RECOVERY**

**OF FEE AND CHARGES**

119. Levy of development charges.
120. Assessment and recovery of development charges.
121. Levy of user charges.
122. To levy specific cess for capital infrastructure projects.
123. To levy betterment charge or impact fee etc, to capture value.

**Chapter XIII**

**LAND AND PROPERTY RELATED PROVISIONS**

124. Acquisition of Property by the Authority.
125. Acquisition of Land by Negotiated Settlement.
126. Power to Acquire Land under Act No.30 of 2013.
127. Creation and Management of Land Development Bank.
128. Transfer of Government Land to the Authority.
129. Acquisition of Land by Transferable Development Rights.
130. Disposal Land and Other Property by the Authority.


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**Chapter XIV**

**MISCELLANEOUS**

131. Authority’s Symbol.
132. Furnishing of information.
133. Service of notice.
134. Powers and duties of police officers.
135. Effect of other laws.
136. Public Notice how to be made known.
137. Notices, etc to fix reasonable time.
138. Obstructing officers of Authority.
139. Prosecution, Magistrate’s power etc.
140. Exclusion of liability for errors or omissions in information
supplied.
141. Offence by body corporate.
142. Fines to be paid to Authority.
143. Compounding of offences.
144. Exemption.
145. Interpretation of the Act.
146. Bar of Legal proceeding.
147. Boundary to be out of jurisdiction and cessation powers of local
bodies in the capital region.
148. Periphery area of the capital region.
149. Dissolution of the authority by the government.
150. Confidentiality and intellectual property rights.
151. Delegation of powers by Government.
152. Transitional provisions.

**First Schedule**
**(see Section 5)**

**Proceedings of the Authority**

1. Temporary Chairman or vice-Chairman.
2. Vacation of office of member.
3. Disqualification from membership.
4. Member’s interest to be made known.
5. Meeting of Authority.
6. Validity of acts of members.


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**Second Schedule**

**(see Section 11 and Section 12)**

**Powers of the Authority**

1. Powers of the Authority.
2. Powers of the Executive Committee.
**3.** Powers of commissioner.

**Third Schedule**

**(see Section 35)**

**Financial Provisions**

Nil

**Fourth Schedule**

**(see Section 152)**

**Transfer of Assets, Liabilities, Functions and Employees**

1. Dissolution of former Authority.
2. Transfer of assets and liabilities.
3. Existing agreements, etc.
4. Pending legal proceedings.
5. Transfer of employees.
6. Conditions of service.
7. Pension benefits.
8. Continuation and completion of disciplinary proceedings.
9. Misconduct or neglect of duty by employee before transfer.

**Fifth Schedule**

**(see Section 152)**

**Transitional and savings Provisions**

1. First chief executive.
2. Projects of former Authority.
3. Annual report.
4. Contracts, documents, etc.
5. Certain plans already prepared and sanctioned are deemed to

have been prepared and sanctioned under the act.


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**THE ANDHRA PRADESH CAPITAL REGION DEELOPMENT AUTHORITY**

**ACT, 2014**

**(ACT No.11 of 2014)**

[30[th ]December,2014]

**AN ACT TO PROVIDE FOR THE DECLARATION OF THE NEW**

**APITAL AREA FOR THE STATE OF THE ANDHRA PRADESH AND**
**ESTABLISHMENT OF THE ANDHRA PRADESH CAPITAL REGION**
**DEELOPMENT AUTHORITY FOR THE PURPOSES OF PLANNING,**
**COORDINATION, EXECUTION, SUPERVISION, FINANCING, FUNDING**
**AND FOR PROMOTING AND SECURING THE PLANNED DEVELOPMENT**
**OF THE CAPITAL REGION DEVELOPMENT AREA, UNDERTAKING THE**
**CONSTRUCTION OF THE NEW CAPITAL REGION DEVELOPMENT AREA,**
**UNDERTAKING THE CONSTRUCTION OF THE NEW CAPITAL FOR THE**
**STATE OF ANDHRA PRADESH AND FOR MANAGING AND SUPERVISING**
**URBAN SERVICES IN THE NEW CAPITAL AREA AND FOR MATTERS**
**ANCILLARY THERETO:**

Whereas, the Andhra Pradesh Re-organization Act, 2014 has been

enacted by the Parliament providing for the Re-organization of the State of
Andhra Pradesh;

And whereas, as per the provision of the section 4 of said Act, on and

from the appointed day, the State of Andhra Pradesh shall comprise the
territories of the existing State of Andhra Pradesh other than those specified
in section 3 of the said Act;

And whereas, sub-section(2) of section 5 of the said Act specified that

there shall be a new capital for the State of Andhra Pradesh after the expiry
of the period referred to in sub-section(1);

And whereas, section 6 of the said Act contemplates that Central

Government shall various alternatives regarding the new capital for
successor State of Andhra Pradesh and make appropriate recommendations
in a period not exceeding six on the from the date of enactment of the said
Act for setting up of a capital for the State;


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And whereas, in the meanwhile, it has been felt necessary to

undertake legislation to provide for the overall development and setting up
to capital region area and to constitute an authority for the purpose;

Be it enacted by the Legislature of the State of Andhra Pradesh in the

Sixty fifth year of the Republic of India as follows:
**CHAPTER I**

**PRELIMINARY**

**1.  Short title, extent and commencement – (1) This Act may be called**
the Andhra Pradesh Capital Region Development Authority Act, 2014.

(2) It extends to the Andhra Pradesh Capital Region as declared

under sub-section(1) of section 3 of this Act.

(3) It shall come into force on such date as the State

Government may, by notification in the Andhra Pradesh Gazette, appoint.

**2. Definitions - In this Act, unless the context otherwise requires,____**

(1) ‘agriculture’ includes horticulture, farming, raising of crops, fruits,

vegetables, grass, fodder, trees and keeping of kind of cultivation, breeding
and keeping of live-stock, including horses, donkeys, mules, pigs, fish
poultry and bees; and the use of land for any purpose which is ancillary to
the framing of land or any other agricultural purposes, but does not include
the use of any land attached to a building and the expression agricultural
shall be construed accordingly;

(2) ‘amenity’ means roads, streets, open spaces, parks, landscaping,

playgrounds, recreational grounds, tourist spots, water and electric supply,
street lighting, sewerage, drainage, public works, communication network,
and other utility services and conveniences as the Government may specify
by notification to be an amenity for the purposes of this Act;

(3) ‘area development plan’ means a five year plan of socio-economic

and spatial development for an area within the capital region providing all
details of residential, commercial, transportation, green/open, mixed use,
utilities, social infrastructure, industrial areas and soon conceived within
the framework of its approved perspective plan and master plan;


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(4) ‘authority’ means the Andhra Pradesh Capital Region Development

authority constituted under section 4 (1) of this Act and includes
Commissioner or Competent Authority not below the rank of Deputy
Collector appointed by Government  to discharge certain functions under
this Act or rules or standing orders made there under;

(5) (a) ‘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;

(b) ‘building operation’, include:
(i) erection or re-erection of a building or any part

thereof;

(ii)  roofing or re-roofing of a building or any part of

a building or any open space; and

(iii) any material alteration of a building or such

alteration as is likely to affect the alteration of its
drainage or sanitary arrangements or materially
affect its security, or the construction of a door or
opening on any street or land not belonging to the
owner;

(6) ‘capital city area’ means are within capital region identified and

notified by the Government of Andhra Pradesh as the capital city area for
the State of Andhra Pradesh under section 3(3) of this Act;

(7) ‘capital region’ means the area notified for the purpose of

development by the Government of Andhra Pradesh as the capital region for
the State Andhra Pradesh under section 3(1) of this Act;

(8) ‘company’ means a body corporate registered under the Companies

Act, 2013 (Act 30 of 2013) and includes a firm or association of individuals;

(9) ‘commissioner’ means the commissioner of the capital region

development authority;

(10) ‘developer entity’ 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 licence is
given to undertake development works within the framework of a plan or
development scheme duly approved under this Act;


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(11) ‘development’ with its grammatical variation means the carrying

out of building, engineering, mining or other operations in, on, over, or
under, and 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, for mining of layouts and sub-division
or any land into plots, and development of amenities; and ‘to develop’ shall
be construed accordingly;

(12) ‘development fund’ means a fund created under section 25 of this

Act;

(13) ‘development plan’ means a comprehensive plan for the

development or redevelopment or improvement of a local area within the
jurisdiction of the Authority covering the whole or part thereof, conceived
within the framework of the perspective plan providing medium-term(five
years) policies programmes and detailed proposals for socio-economic and
spatial development of such area indicating the manner in which the use of
land and development therein shall be carried out and includes a capital
region development plan, capital city development plan, area development
plan, town development plan, zonal development plan, village development
plan, or any other plan or scheme prepared under the Act by whatsoever
name known;

(14) ‘development project or project’ means plans conceived, within

the framework of approved development plan, containing detailed working
layouts with al supporting infrastructure and documents including cost of
development, source of finance and recovery instruments for their execution;

(15) ‘development scheme’ means the method of securing land

required for a development plan by means of land acquisition or land
pooling or any other means, and the details of implementation of the plan in
the secured land. All these details are incorporated in a document
conferring rights on land by specifying how this land may be used and
developed, and outlines the processes to be followed before development
occurs;

(16) ‘floor space index or floor area ratio’ means the quotient or the

ratio of the total covered area of all floors to the total area of the plot,
multiplied by hundred;


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(17) ‘former authority’ means the Vijayawada-Guntur-Tenali
Mangalagiri Urban Development Authority;

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

(19) ‘heritage building’ means and includes any building comprising of

one or more premises or any part thereof or structure or artifact which
requires conservation or preservation for historical or architectural or
artistic or artisanry or aesthetic or cultural or environmental or ecological
purposes and includes such portion of land joining such building or part
thereof as may be required for fencing or covering or in any manner
preserving the historical or architectural or aesthetic or cultural or
environmental value of such a building;

(20) ‘infrastructure plan’ means a plan showing existing and

proposed major infrastructure facilities like circulations network including
ring/radial/grid road connecting all the settlements, transport power, water
supply natural drainage sewerage system, solid waste disposal and network
and related facilities like power plants, roads, highways, railways, metro
ways, airports, and the like;

(21) ‘land’ means land and includes benefits arising out of land and

things attached to the earth or permanently fastened to anything attached
to the earth;

(22) ‘land pooling scheme’ means assembly of small land parcels

under different ownerships voluntarily into a large land parcel, provide it
with infrastructure in a planned manner and return the reconstituted land
to the owners, after deducting the land required for public open spaces such
as parks and play grounds, social housing for economically weaker sections,
social amenities such as school, dispensary and other civic amenities, road
network, and other infrastructure as specified under the act as well as such
extent of land 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;

(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;

(24) ‘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 (Act NO.6 of 1965); or a Gram


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Panchayat constituted under the Andhra Pradesh Panchayat Raj Act, 1994
(Act No.13 of 1994) or any other body constituted under the relevant Act to
govern the municipal services;

(25) ‘master plan’ means a land use, infrastructure and

transportation plan, indicating the location of residential, commercial,
transportation, green/open, mixed use, utilities, social infrastructure,
industrial, agricultural areas and ecologically fragile areas, prepared for the
whole of the capital region or part thereof and could be at the concept level
for a twenty year period reviewed every five years having a low level of detail
or at a detailed level for up to ten year period;

(26) ‘notification’ means a notification published in the following

manner and the word ‘notified’ shall be construed accordingly;

(a) in the Andhra Pradesh Gazette or District Gazette;

(b) in two daily news papers circulating in the capital
region of which one shall be in Telugu language;

(c) In Telugu language in the Gram Panchayat
Municipality or Municipal Corporation, as the case
may be and in the offices o the District Collector, the
Revenue Divisional Officer, the Tehsildar, the District
Registrar and Sub-Registrar;

(d) uploaded on the website of the Authority; or

(e) in the manner as may be decided by the
Authority;

(27) ‘occupier’ includes:
(a) a tenant,

(b) an owner in occupation of, or otherwise using
his land,

(c) a rent-free tenant of any land,

(d) a licensee in occupation, any land, and

(e) any person who is liable to pay to the owner
charges for the use and occupation of any land;

(28) ‘operational construction’ means any construction whether

temporary or permanent, which is necessary for the operation, maintenance,
development, or execution of any of the services such as railways; national


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highways, state highways, other important roads; waterways; ports; airways
and aerodromes; postal, telecom services of Bharat Sanchar Nigam Limited;
electricity, defence; Oil and Natural Gas Commission/Gas Authority of India
Limited; works undertaken by the Authority or any local body; or 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 service for the purposes
of this clause.

**Explanation: -** For the removal of doubts, it is hereby declared that the
construction of,
(i) new residential buildings (other that gate 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

(ii) a new building, new structure or new installation or

any extension thereof, in the case of any other service,
shall not be deemed to be construction within the
meaning of this clause;

(29) ‘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, and while undertaking the
preparation and sanction of the development scheme, the tenure and
encumbrances on the plot remain unaffected;

(30) ‘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 right are vested;

(31) ‘periphery area’ means area adjoining the boundary of the capital

region declared as such under section 148 of this Act;

(32) ‘perspective plan’ means a long-term (100 years) strategic plan

providing the goals, policies, strategies and general programmes of


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spatio-economic development of the capital region in line with the policies of
government, and includes plans for land use, infrastructure, transportation
and socio-economic development prepared for the whole of the capital region
that guide development and is revised every ten years. The plan shall
indicated land use zones such as agricultural zone, industrial zone, green
zone, capital city zone along with other infrastructure proposals like
expressways, highways, rail and metro corridors water, power generation
and distribution centres, sewerage plans, ecologically fragile and forest
zones, and so on;

(33) ‘plan’ means the statement of proposals, policies and

development briefs for securing, promoting and regulating development in a
planning area, and includes a map or maps or sets of documents or all of
them; and includes a perspective plan, a development plan of the capital
region, capital city, local body or a local area, as the case may be, prepared
under this Act;

(34) ‘prescribed’ means prescribed by rules, regulations and /or

standing orders made under this Act;

(35) ‘reconstituted plot’ means a final plot or land which is in any way

altered by a development scheme;

(36) ‘ regulation’ means regulations that made from time to time by

the Authority to carry out the objects of this Act;

(37) ‘residence’ includes the use of any land or building or part

thereof for human habitation, and the expression ‘residential use’ shall be
construed accordingly.

(38)  ‘rule’ means a rule made under this Act by government and laid

before the State Legislature;

(39) ‘sector’ means a part of capital city area taken up for detailed

planning and implementation;

(40) ‘standing order’ means a standing order made under this Act and

includes zoning regulations and other regulations made as part of the plans
prepared under this Act;

(41) ‘transferable development right’ means a development right to

transfer the potential of a plot designated for a public purpose in a plan,
expressed in terms of total permissible built space calculated on the basis of
floor space index or floor area ratio allowable for that plot, for utilization by
the owner himself or by way of transfer by him to someone else from the


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present location to a specified area in the plan, as additional built space
over and above the permissible limit in lieu of compensation for the
surrender of the concerned plot free form all encumbrances to the Authority;
and

(42) ‘zone’ means a part of capital region or capital city area

indentified with a specific dominant land use or urban function for the
purpose of securing, promoting and regulating development and for
providing the urban services under this Act, and the expression ‘zoning
regulation’ shall be construed accordingly.

**CHAPTER II**

**DECLARATION OF CAPITAL REGION,**

**CAPITAL CITY AREA AND**

**CONSTITUTION OF THE AUTHORITY**

**3. Declaration of capital region and capital city area. –** (1) As soon as,
after commencement of this Act, the State Government may, by notification
in the Andhra Pradesh Gazette declare the ‘Andhra Pradesh Capital Region
Development Area’ as ‘capital region’ consisting of such urban or rural areas
for the purposes of this Act with effect from such date as may be specified
therein.

(2) The notification shall define the limits of the ‘capital region’ to

which it relates and further as may be required in this behalf may exclude
or include any area from such notification issued as may be necessary.

(3) As soon as, after the commencement of this Act, the State

Government may, by notification in the Andhra Pradesh Gazette declare the
‘Andhra Pradesh Capital City Area’ as ‘capital city area’ within the capital
region, consisting of such urban or rural areas for the purposes of this Act
with effect from such date as may be specified therein.

(4) The notification shall define the limits of the ‘capital city area’ to

which it relates and further as may be required in this behalf may excluded
or include any area from such notification issued as may be necessary;

(5) The existing Gram Panchayats, Municipalities and Municipal

Corporations within the capital region shall remain functional within their
respective jurisdictions based on the prevailing rules, made under the
respective laws to the extent not consistent with the provisions of this Act;


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(6) All the line departments of Government within the capital city area

such as revenue, police, electricity, transport, housing, industries,
education, fire, medical and health, welfare, civil supplies, environment,
roads and buildings, registration and stamps, excise, tourism and culture,
youth affairs, sports, etc. shall report to the Commissioner.

(7) The Government may by notification transfer any function

performed by any department of Government to the Authority.

**4. Constitution of the capital region development authority, -** (1) In
accordance with the provisions of this Act, the State Government shall
constitute a body to be called the ‘Andhra Pradesh Capital Region
Development Authority’, for the capital region notified under section 3,
which shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power to acquire, hold and dispose of
property, both movable and immovable and to contract and by the said
name sue and be sued.

(2) The Authority shall consist of _____

(a) Chief Minister, Government of Andhra Pradesh,

who shall be the Chairman;

(b) Minister dealing with the department of

Municipal Administration and Urban Affairs,
who will be the Vice-Chairman;

(c) Minister dealing with the department of Finance

Member;

(d) Chief Secretary to government – Member;

(e) Secretary to government dealing with Municipal

Administration and Urban Affairs department –
Member;

(f) Secretary to government dealing with Finance

department  Member;

(g) Four secretaries to government dealing with

departments of transport roads and buildings,
energy or such other department as may be
deemed necessary by government as members;

(h) Commissioner of the Authority, who shall be

Member – Convener;


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(i) Four experts, national or international, who

possess knowledge in urban governance, urban
planning, conservation, environment and

transport to be appointed by the State
Government; and

(j) Any other officer or expert whom Government

thinks necessary as special invitee.

**5.** The composition and reconstitution of Authority resulting due to
vacancies/ absence of its members and proceedings shall be as per First
Schedule of this Act.

**6. Executive Committee, - (1) There shall be an executive committee of the**
Authority consisting of –

(a) Secretary to Government in charge of Municipal

Administration and Urban Affairs department
as Chairman;

(b) Secretary to Government in charge of Finance

Department of Finance Department as

Member;

(c) Commissioner as Member – Convenor; and

(d) Secretaries to Government or heads of

Government Departments as nominated by
Government not exceeding six in number.

(2) The executive committee may invite any heads of departments of

Government of experts as special invitees.

(3) Subject to the general superintendence and control of the

Authority shall vest in the executive committee.

(4) The Authority shall make regulations to achieve the object of this

Act and standing orders to regulate the procedure to be followed by the
executive committee, 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 and
the custody, production and inspection of such minutes.

**7.** Subject to the direction and delegation of the powers by the Authority,
Executive Committee or Commissioner may exercise any power or do any at
or thing which may be exercised or done by the Authority.


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**8. Appointment of other committees, - (1) The Authority may from time**
to time appoint committees consisting of such members as it thinks fit and
associate with such committee in such manner and for such period as may
be prescribed, any person or persons whose assistance or advice it may
desire and refer to such committees for inquiry and report any subject
relating to the purposes of this Act.

(2) Every committee appointed under sub-section(1)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.

(3) The procedure to be followed by the committees and all other

matters relating to the committees shall be such as may be prescribed in the
standing orders.

**9. Common seal and execution of documents, - (1) The Authority shall**
have a common seal and such seal may from time to time be changed and
altered as the Authority thinks fit.

(2) All deeds, documents and other instruments requiring the seal of

the Authority shall be affixed with the common seal of the Authority and
every instrument to which the common seal is affixed shall be signed by an
officer of the Authority and shall be countersigned by a member of the
Authority or by some other person duly authorized by the Authority for that
purpose, and such signing shall be sufficient evidence that such seal was
duly and properly affixed.

(3) The Authority may by resolution or otherwise in writing appoint an

officer of the Authority either in general or in a particular case to execute or
sign on behalf of the Authority an agreement or other instrument in relation
to any matter concerned to the Authority.

**CHAPTER III**

**FUNCTIONS AND POWERS OF THE**

**AUTHORITY**

**10. Functions of the authority, - (1) Subject to the provisions of this Act,**
rules and regulations made thereunder the functions of the Authority shall
be the following, 
**(a) Planning:**


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(i) to prepare and revise perspective plan, master plan,
development plans and area development plans
inclusive of infrastructure plans in the capital region
and more specifically capital city area by carrying out
needed surveys for achieving spatio-economic

development and social justice;

(ii) to formulate zoning regulations, building and
energy codes, and any other development control
norms for the capital region and more specifically for
capital city area so as to ensure compact, transitoriented, and environmentally sustainable

development;

(ii) to review, revise and approve development control
norms and rules or standing order and all other
related and similar norms governing the building and
development in the capital region;

**(b) Development:**

(i) to formulate development schemes for implementing
the plans approved by the Authority using funds of the
Authority either in whole or part;

(ii) to implement development schemes and to cause
implementation of such works under the development
schemes or development projects or plans either by
itself or jointly with a developer entity or through any
agency or nay local body;

(iii) to approve, co-ordinate and execute all

transportation related interventions in the capital
region so as to promote planned development of traffic
and transportation system and transit-oriented

development;

(iv) to formulate, monitor and implement affordable
housing policies for economically weaker sections and
migrants;

(v) to formulate and implement economic development
plans for the overall economic growth of the capital
region and to create new livelihood opportunities;


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(vi) to prepare or execute or prepare and execute
proposals, plans and projects for, the clearance,
development and redevelopment of such land as the
Authority may think fir for the purpose of resettling
persons displaced by operations of the Authority and
other resettlement projects or for any other purpose;
the erection, conversion, improvement and extension of
any building for sale, lease, rental or other purpose;
and the provision and improvement of services and
facilities for the promotion of public safety, recreation
and welfare, and parking places;

(vii) to raise finance for any development project or
scheme and to extend assistance to the local bodies for
the execution of such project or scheme;

(viii) to entrust to any local body the work of execution
of any development plan or scheme.

**(c) Regulation:**

(i) to regulate development activities in accordance
with the development plans and regulations, and to
bring aesthetics, efficiency and economy in the process
of development;
(ii) to approve plans, and manage and control the
development of land in the capital region;

(iii) to regulate the development of the periphery area;

**(d) Capital city area:**

(i) to permit or associate with developer entities to
undertake development schemes or projects, and
monitor project execution and approve financial
resources of such schemes and projects;

(ii) to undertake the creation of city wide common
infrastructure, construction and maintenance of

buildings for the capital city area and for other public
purposes;

(iii) to undertake and manage the urban amenities in
the capital city area to make it an environment friendly
smart city either directly or through outsourced
entities by delegating powers to collect user charges;


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(iv) to formulate and implement policies for making
sustainable arrangements for providing and

maintaining highest standards in urban civic and
utility services in the capital city area particularly for
cleanliness, aesthetics, health and hygiene;

(v) to provide affordable and efficient urban services
using technology.

**(e) General:**

(i) to promote environmentally friendly investments in
the capital region;

(ii) to conduct, promote and encourage research in
matters connected with one or more of the Authority’s
purposes and functions;

(iii) to promote creativity among the residents of the
capital region;

(iv) to secure and promote publicity in any form in
capital region or elsewhere of the functions and
activities of the Authority;

(v) to collect, compile and analyse information of a
statistical nature relating to land, building,

construction, land use, recreation or such other
subject-matter necessary for the performance of the
functions imposed upon the Authority by or under this
Act or any other written law, and to publish and
disseminate the results of any such compilation and
analysis or abstracts of those results;

(vi) to provide advisory and information services
including on matters relating to land planning and the
development of land in the capital region to

Government;

(vii) to do such other acts and things as may be
entrusted by the Government or as may be necessary
for, or incidental or conducive to, and matters which
are necessary for furtherance of the objects for which
the Authority is constituted;


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(viii) to fast track and address issues such as project
delays, issues related to development fund and interdepartmental coordination;

(ix) 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;

(x) to provide information and advice to and act as
agent and consultant for such Government

department, person, company and corporation

carrying on or intending to carry on a building project
or scheme or urban redevelopment in capital region or
elsewhere as the Authority may think fit;

(xi) to co-ordinate and give directions to the Andhra
Pradesh Transmission Corporation, the Southern
Power Distribution Company Limited, 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 Limited and such other bodies/departments
of the Government to facilitate infrastructure

development in the capital region;

(xii) to acquire, sell, transfer, lease or grant licences or
in any way alienate to use or occupy such land
belonging to the Authority for the purposes of the
development and redevelopment of the land as the
Authority may think fit;

(xiii) to acquire, sell, transfer, lease or grant licenses to
use or occupy land or other property as agent for the
Government or any statutory authority when

appointed to do so, for the purposes of the

development and redevelopment of the land or property
or for such other purpose as the Government or
statutory authority may specify; and

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


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**11. Powers of the Authority, - (1) Subject to the provisions of this Act the**
Authority may carry on such activities as appear to the Authority to be
advantageous, necessary or convenient for it to carry on for or in
connection with the discharge of its functions under this Act and, in
particular, the Authority may exercise one or more of the powers specified in
the Second Schedule.

(2) The Authority may, in addition to the powers vested in it by sub
section (1), exercise such other powers as the Government may authorise it
in writing.

(3) The Authority shall, when it is exercising powers authorised by the

Government under sub-section (2), be deemed to be exercising powers
vested in it by sub-section (1).

(4) This section shall not be construed as limiting any power of the

Authority conferred by or under any other law.

**12. Powers of the Executive Committee and Commissioner, -**

Subject to overall superintendence and control of the Authority, the

Executive Committee and Commissioner may exercise one or more of the
powers specified in the Second Schedule.

**13. (1) The Authority may, form or participate in the formation of a company**
or create Special Purpose Vehicles (SPVs) with powers to raise money
through equity, for various purposes, including but not limited to, design
and construction of buildings related to capital city area, 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 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.

(2) The Authority shall have the power to constitute area level offices

as it deems fit and assign responsibilities and functions to such offices.

**14. Gifts, - The Authority may accept gifts, legacies or donations and apply**
them for one or more of its functions.

**15. Ex-gratia payments, -** The Authority may, make an ex-gratia payment
to a person sustaining damage by reason of the exercise of one or more of
the powers vested in the Authority or its employees under and by virtue of
this Act and maintain records in such manner as may be prescribed.


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**16. Powers of Government in relation to Authority, -** (1) The
Government may, after consultation with the Authority or otherwise, give to
the Authority such directions, not inconsistent with the provisions of this
Act, as it thinks fit, as to the exercise of the functions of the Authority under
this Act, and the Authority shall give effect to all such directions.

(2) The Authority shall furnish the Government with such information

or facilities for obtaining information with respect to its property and the
exercise of its functions in such manner and at such times as the
Government may reasonably require.

**17. Powers of delegation, - .** (1) Subject to the provision of subsection(2)
the Authority may by resolution direct that any power exercisable by it
under the Act or rules or standing orders made thereunder may also be
exercised by the Executive Committee or the Commissioner or Local body or
officer of the Government, in such cases and subject to such conditions, if
any, as may be specified therein.

(2) The Government may by notification, direct that any power

exercisable by the Authority under the Act, except the power to make rules
or standing orders, may be exercised by the Executive Committee or the
Commissioner or any Local body or officer of the Government, in such cases
and subject to such conditions, if any, as may be specified therein.

**18. Power to make rules,- . (1) The Government, after consultation with the**
Authority, may by notification make rules to carry out the functions of the
Authority and to carry out the purposes of the Act:

Provided that consultation with the Authority shall not be necessary

on the first occasion of the making of rules under this section:

Provided further that the Government shall take into consideration of

any suggestions which the Authority may make in relation to the
amendment of such rules after they are made.

(2) In particular and without prejudice to the generality of the

foregoing powers, such rules may provide for all or any of the following
matters, namely,
(a) the control and management of lands and buildings
acquired by, vested in or belonging to, the Authority;


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

(c) the prevention of trespass upon or on any of those
lands and buildings and the removal of trespassers or
other persons causing annoyance or inconvenience
upon or in those lands and buildings;

(d) 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;

(e) 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;

(f) the procedure for permitting or undertaking Land
Pooling Scheme, Town Planning Scheme, Layout
developments and their requirements, and

development specifications and conditions;

(g) the form and manner of Transferable Development
Rights the Authority may take up with owners;

(h) 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;

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

(j) the functioning and conduct of meetings and any
other matters relating to the powers and functions of
the Authority and Executive Committee; and

(k) any other matter which has to be or may be made
by rules.

(3) The Government may, in making any rules under this section,

provide that a contravention of or failure to comply with the rules shall be


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an offence and penalize in respect of such offence a fine not exceeding the
sum of rupees one lakh or imprisonment for a term not exceeding three
months or both and, in the case of a continuing offence, a further fine not
exceeding rupees two thousand and five hundred for every day or part
thereof during which such offence continues after conviction in the court of
Judicial First Class Magistrate.

(4) Every rule made under the Act shall immediately after it is made,

be laid before the State Legislature if it is in session, and if it is not in
session, in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions,
and if, before the expiration of the session in which it is so laid or the
session immediately following, the Legislature agree in making any
modifications in the rule or in the annulment of the rule, the rule shall, with
effect from the date of notification of such modification of annulment in the
Andhra Pradesh Gazette is notified have effect only in such modified form or
shall stand annulled, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

**19. Power to make regulations/standing orders,-** (1) The Authority may
by notification, make regulations, and also issue standing orders consistent
with this Act and Rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the power

conferred in subsection (1) such regulations, with the approval of
Government, may provide for all or any of the following:

(a) the procedure to be followed for mobilizing
resources such as borrowing, loans, debentures and
bonds and their repayment; and

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

(3) Further, in particular and without prejudice to the generality of the

power conferred in sub-section (1) such standing orders may provide for all
or any of the following:
(a) the plan programs of the Authority, stages of
implementation of the development plans;

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


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(c) 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 body while considering the
building permissions based on the development

permission given by the Authority;

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

(e) the form and manner of conditionality of

undertaking road development schemes by the

Authority or Local body or State Government agency
concerned; the method of entering into contracts by or
on behalf of the Authority;

(f) the delegation of powers to officers of the Authority;
(g) the opening, keeping, closing and internal audit of
accounts of the Authority;

(h) loans and allowances to officers of the Authority;

(i) housing accommodation for officers of the Authority;

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

(k) the job charts, duties and responsibilities of various
positions in the Authority along with skills, experience
and qualifications required to hold them;

(l) the method of entering into contract while hiring
staff from the market or deputing staff from any
government or any government organisations,

(m) terms of entry, conditions of service salaries and
allowances, termination, powers and functions of the
members, officers and staff;

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


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(o) the form and content of mortgage deed and other
conditions of surety to be complied by licensed
developer and licensed technical personnel;

(p) the form and manner of preparation of Annual Plans
and Budget, and Annual reports of the Authority; and

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

**20.** **Power of entry and power to demarcate and survey, -** The
Commissioner may authorize any person to enter into or upon any land or
building with or without the assistance of workmen for the purpose of;—

(1) making any enquiry, inspection, measurement or survey or taking

levels of such land or building;

(2) examining works under construction and ascertaining the course

of public utilities and drains or any aspect of public safety;

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

(4) setting out boundaries and demarcation of intended alignment of

roads, public utilities and other works;

(5) making such levels, boundaries, demarcations and lines by placing

marks and cutting trenches;

(6) ascertaining whether any land or property is being affected in any

development plan or development scheme or road or public utility
alignment;

(7) grounding of new alignment of roads or road widening or alignment

of existing or new communication network / electric lines;

(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;

(9) doing any other thing necessary for the implementation of any

development plan or development scheme or other provisions for the
efficient implementation of the Act:

Provided that, ____


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

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

(c) due regard shall always be had so far as may be
possible 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;

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

**CHAPTER IV**

**PROVISIONS RELATING TO STAFF**

**21. Chief Executive of the Authority, -** **[1][“(1). The Government shall**
appoint a Commissioner as the Chief Executive of the Authority who
possesses qualifications and eligibility to be posted as District Collector in
the State.”.]

(2) The Commissioner shall be responsible to the Authority for the

proper administration and management of the functions and affairs of the
Authority in accordance with the policy laid down by the Authority.

**22. Appointment of Staff, - (1) The Authority may, -**

(a) sanction and appoint heads for the departments
such as Planning, Transportation and Engineering,
Finance and Accounts, Housing and Environment,
Economic Development and Investment Promotion,
Administration and Human Resources, Vigilance,
Revenue, Public Health or such other heads known by
whatever name as are necessary to work under the
overall control and direction of the Commissioner. The
Commissioner and heads shall be entitled to receive
from the funds of the Authority such remuneration

1 Subs. by Act 1 of 2018, s.2 ( w.e.f 27-7-2016)


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and shall be governed by such conditions of service, as
may be determined by standing orders made in this
behalf.

(b) sanction and recruit such number of personnel on
such terms as to remuneration or otherwise as the
Authority may determine; and

(c) engage and remunerate for their services such
persons or agents as the Authority considers necessary
for carrying out its functions.

**Explanation:- For the removal of doubts, it is hereby declared that the**
Authority,
(i) may engage such heads or other officers and
employees including the professional service providers
and team of experts as may be necessary for the
efficient performance of its functions and guide the
Authority in implementation of the Act and may
determine their designations, grades, scales of pay and
allowances;

(ii) may utilize the services of the employees in the
Government Services for various cadres in the
Authority;

(iii) shall have the power to engage officials of various
cadres on deputation from the State and Central
Government departments or Public Sector units;

(iv) may engage external consultants, advisors, and
experts as considered necessary, at such rates and
with such works to be assigned and determined by the
Authority;

(v) shall have the power to hire the services of private
agencies and engage people with expertise so as to
meet any deficiencies in professional expertise required
for the execution of its responsibilities;


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(vi) may identify, engage, surrender, remove, re-appoint
and appraise the performance of heads of

departments, officers and other employees as provided
by standing orders.

(2) The appointment, promotion, termination of appointment,

dismissal and disciplinary control of the persons employed by the Authority
shall be vested in the Commissioner and standing orders in this regard
along with terms and conditions of service shall be made by the Authority.

**23. Protection of Acts done in good faith, - No matter or thing done and**
no contract of any kind entered into by the Authority and no matter or thing
done by a member or employee of the Authority or by any other person
whomsoever acting under the direction of the Authority shall, if the matter
or thing was done or the contract was entered into bona-fide for the purpose
of executing the provisions of this Act, subject such member, employee or
person acting under the direction of the Authority personally to any action,
liability, claim or demand whatsoever in respect thereof.

**24.** **Members, Officers and Servants of the Authority and Tribunal to be**
**public servants, - All members of the Authority, officers and servants of the**
Authority, the Tribunal and all other persons entrusted with the execution
of any function under the Act, shall be deemed when acting or purporting to
act in pursuance of any of the provisions of the Act or the rules or standing
orders made thereunder, to be public servants within the meaning of section
21 of the Indian Penal Code, 1860. (Central Act XLV of 1986).

**CHAPTER V**

**FINANCIAL PROVISIONS**

**25.** **Development fund and revolving fund, -** (1) For the purpose of
enabling the Authority to carry out its objects within the capital region and
to defray expenditure, including defraying initial expenses, and for the
provision of working capital, a fund by the name ‘development fund’ with a
seed capital of Rs.1000 crore( Rupees One Thousand Crores) shall be
created for the purpose of administering the Act.

[1][“(1A) A separate Capital City Infrastructure Development Fund shall
be created within the Development Fund to enable implementation under
section 53 (f) of this Act”]

1 Ins. by Act 1 of 2018, s.3, (w.e.f. 1-7-2016)


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(2) The Authority shall have the power 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;

(3) The Authority shall manage and operate the development fund to

which shall be credited:

(a) all moneys received from the Central Government
and the State Government by way of revolving fund,
grants, loans, advances or otherwise;

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

(c) all moneys received by the Authority from the
disposal of lands, buildings and other properties,
movable and immovable;

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

(e) all moneys earned from remunerative projects and
schemes by way of rent or otherwise, and disposal of
its assets;

(f) sum of money received by way of user charges;

(g) all development charges or other charges, fees
received under the Act or rules or standing orders
made there under;

(h) all monies received from financial institution or
other agencies in the form of equity; and

(i) any other sum of money received by the
Authority from any other sources, including
constituent local bodies, for performing its
functions.

[1][“(3A). All the funds mentioned under sub-section (3) pertaining to

implement under section 53 (f) of this Act, shall be accounted for under

1 Ins. by Act 1 of 2018, s.3, (w.e.f. 1-7-2016)


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Capital City Infrastructure Development fund and shall be managed and
operated by the Authority;

(3B). All properties, funds and dues which are vested in or realizable

by the Authority pertaining to Capital Region (for the purposes of the Act)
shall vest in or be realizable by the State Government and by the Authority
on behalf of State Government;

(3C). All liabilities which are enforceable against Capital Region

Development Authority in the Capital Region shall be enforceable against
the State Government and against the Authority representing the State
Government.”.]

(4) The Authority may accept grants, subventions, donations, and gifts

from the Central or State Government or local body or any individual or
body whether incorporated or not, for all or any of the purposes of the Act
on such terms and conditions as mutually agreed upon.

(5) The Development Fund shall be applied towards meeting,
(a) the expenditure incurred in the administration of
the Act;

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

(c) expenditure for any development of land for
ensuring planned development in the capital region;

(d) any expenses incurred by the Authority in
connection with preparation of perspective plan,
master plans, area development plans, and

infrastructure plan or any other plans, undertaking
surveys, studies, and execution of projects and
schemes;

(e) the maintenance of sinking fund and other separate
accounts required under the Act;

(f) the construction of buildings, development of
infrastructure and provision of amenities and such
other public purposes as required for the capital city
area development.

(6) The development fund shall be ringfenced to ensure that it can

only be used for the purposes specified under the Act and also for the
purposes of infrastructure in the capital region. Utilization of funds for any


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other purposes other than the specified under the Act shall be exercised
only after placing the proposals before the Authority by the Commissioner
and after approval by the Authority.

(7) The development fund shall be governed by the following

principles, namely,
(a) Head of Finance of the Authority shall be
responsible for administering the development fund
and should be responsible for its administration,
management and monitoring;

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

(c) The development fund shall be managed using
professional fund management practices including
treasury, cash management and investment portfolio
management;

(d) All returns generated via investments made using
development fund shall accrue back to the

development fund;

(e) The Head of Finance shall prepare and submit
annual investment plans (along with the budget)
outlining investment and funding strategy for the year.

(8) In accordance with the provisions of this Act a Revolving Fund

shall be created for the Authority with a fund of Rs.250 crores (Rupees Two
Hundred and Fifty Crores) for the purpose of performing its functions under
the Act and for undertaking development of amenities and infrastructure
facilities in the capital region.

**26.** **Powers of taxation, - (1) The Authority shall have the power to collect**
such fees, charges, user charges, cesses, arrears or such other revenues as
prescribed.

**Explanation:- For removal of doubts, it is hereby declared that the**
Authority may,
(a) levy and collect such fees for the execution of works
arising out of the development plans and for provision
of other services and amenities;


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

(c) to levy and collect the development charges; (d) to
levy and collect the user charges for various services
delivered in the development area; and

(e) to levy and collect impact fee, urban infrastructure
fee, cess or any other fee incidental to mobilise funds
and other incidental expenses.

**27.** **Selling powers, -** The Authority may, sell any developed land or part
thereof.

**28.** **Mobilizing Financial resources, - (1) The Authority may, from time to**
time, for the purposes of this Act, raise loans from the Government or,
mobilise resources from any other source, either by creation and issue of
debentures, bonds, or otherwise.

(2) The Authority shall pay interest on such loans at such rates and at

such times, and shall make such provision for the mode and time or times
of repayment of principal.

(3) The Authority may, from time to time borrow by way of a temporary

loan or overdraft from a bank or otherwise, any sum which it may
temporarily require,—

(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

(b) for the purpose of defraying, pending the receipt of
money due in respect of a loan authorised to be raised
under sub-section (1), expenses intended to be
defrayed by such loan.

(4) Loans, debentures and bonds issued under this section may be

guaranteed by the Government as to the repayment of the principal and the
payment of interest at such rate as may be agreed upon.

**Explanation:- For removal of doubts, it is hereby declared that the**
Authority may raise finance for any project or scheme for the development of
the capital region and extend assistance to the local bodies in the region for
the execution of such project or scheme;


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(5) All loans raised by the Authority under this section, together with

all interest and other sums payable in respect thereof, shall be charged
indifferently upon all the revenues of the Authority and shall rank equally
with one another, with priority over any other charge on the revenues of the
Authority.

(6) The Authority shall maintain a sinking fund for the repayment of

loans and moneys borrowed and shall pay every year into the sinking fund
such sum as may be required under the borrowing contract and sufficient
for repayment within the period fixed for all moneys so borrowed.

**29.** **Issues of Securities etc, -** As a consequence of the vesting of any
property, rights or liabilities of the Government in the Authority under this
Act, or of any capital injection or other investment by the Government in the
Authority in accordance with any written law, the Authority may issue such
securities or other securities to the Government as mutually agreed.

**30.** **Annual estimates, -** (1) The Authority shall every year cause to be
prepared and shall adopt annual estimates of income and expenditure of the
Authority for the ensuing year.

(2) Supplementary estimates may be adopted by the Authority at any

of its meetings.

(3) A copy of all annual and supplementary estimates shall, upon their

adoption by the Authority, be sent forthwith to the Government.

(4) The Authority may transfer all moneys or part thereof assigned to

one item of expenditure to another under the same head of expenditure in
supplementary estimates.

(5) A summary of the annual estimates and supplementary estimates

adopted by the Authority shall be published in the official Gazette.

**31.** **Annual and report, - (1) The Authority shall prepare for every year, and**
annual plan, and further shall as soon as practicable after the end of each
financial year but not later than 30th September in each year furnish to the
Government a report of its functions during the preceding year.

(2)The Government shall cause a copy of every such report to be

presented to State Legislature.


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**32.** **Power of investment, -** The Authority may invest its funds in
accordance with the standard investment power of statutory bodies as
defined under law.

**33.** **Application of revenues of Authority, -** The Government may, after
consultation with the Authority, give directions to the Authority as to the
manner in which its revenues shall be applied.

**34.** **Pension and Provident Fund, -** (1) The Authority shall constitute for
the benefit of its whole time paid members, officers and other employees in
such manner and subject to such conditions, as may be prescribed, such
contributory pension and provident fund as it may deem fit.

(2) Where any such contributory pension or provident fund has been

constituted, the Government may declare that the provisions of the
Provident Fund Act, 1925 (Central Act, 19 of 1925), shall apply to such fund
as if it were a Government Provident Fund.

**35. Other Financial Provisions, -** (1) The Commissioner shall have power
to administratively sanction works and investment plans including tender
approvals costing up to rupees ten crore, the executive committee up to
rupees hundred crores and Authority for works beyond rupees hundred
crores. Such limits may be modified by the Authority at any time through
standing orders.

(2) The financial provisions set out in the Third Schedule shall have

effect with respect to the Authority.

**CHAPTER VI**

**UNIFIED TRANSPORT AUTHORITY**

**36. Constitution of Unified Transport Authority, - (1) In accordance with**
the of this Act, a body to be called the ‘Andhra Pradesh Capital Region
Unified Transport Authority’ shall be constituted, herein after called as the
‘unified transport authority’ for the capital region notified under section 3,
which shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal.

(2) The unified transport authority for the ‘capital region’ shall consist

of,
a) Chief Secretary to Government – Chairman;


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

(c) Commissioner - Member Convenor; and

(d) 10 members of whom at least half are heads of
departments of Government or secretaries to

Government connected with transportation and the
remaining are experts.

(3) The term of the members nominated under clause(d) of sub
section(2) shall hold office as may be prescribed by the Government.

(4) The Government may, by notification, omit any member of the

Unified Transport Authority.

(5) The Unified Transport Authority constituted under sub-section (1)

shall ensure effective implementation and coordination of the various traffic
and transportation measures under taken by the functional departments
and public agencies in the capital region and more specifically capital city
area.

(6) The Unified Transport Authority may co-opt any expert for dealing

with specific traffic and transportation issues;

(7) The Unified Transport Authority may constitute sub-groups for

specific traffic and transportation issues of the capital region.

**37.** **Powers and functions of the unified transport authority, -** (1) The
powers and functions of the Unified Transport Authority shall be,
(a) to assist the Authority with co-ordination and
support so as to ensure the effective implementation of
its transportation plans, proposals, projects and
policies that seek to enforce the Transportation Plan of
the capital region;

(b) to oversee implementation of various traffic and
transportation measures undertaken by various

agencies in the capital region;

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


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(d) to ensure effective co-ordination and

implementation of the various traffic and

transportation measures undertaken by various

departments;

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

(f) to recommend effective transportation strategies for
the capital region;

(g) to integrate and consolidate all the action plans of
various departments and agencies and ensure

implementation of the coordinated and integrated
traffic and transportation plans for the capital region;

(h) 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;

(i) integrating various routes of public transport and
issues of combined ticketing, feeder services, etc; as
suggested by the Authority;

(j) to expedite financial proposals pending with the
Government related to transportation projects in the
Capital region;

(k) 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 capital
region.

(2) The recommendations or instructions of the Unified Transport

Authority shall be binding on all the concerned departments.

(3) The Unified Transport Authority shall hold the meetings at least

once in each quarter of a financial year.

(4) The technical support staff and secretarial assistance to the

Unified Transport Authority shall be provided by the Authority.


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(5) The Unified Transport Authority shall build a detailed data base

and carry out necessary traffic and transportation surveys to update its data
base and also make it available for various studies and to the public.

**Explanation: The data base would help in monitoring and understanding**
the various traffic and transportation needs in the capital region.

(6) The Unified Transport Authority shall act as a centre for technology

transfer and also guide the other agencies for all their technical inputs or
plans in the field of traffic and transportation.

(7) An escrow account shall be maintained in the Unified Transport

Authority in which two percent of estimated cost of all projects of traffic and
transportation undertaken by various departments or functional agencies
shall be deposited. This amount shall be utilized for research, studies and
capacity building in the field of traffic and transportation apart from meeting
the administrative expenses of the Unified Transport Authority.

(8) The Unified Transport Authority shall be governed by such rules

and regulations as shall be made in this regard.

**CHAPTER VII**

**PLANNING PROCESS**

**38.** **Preparation of development plans for the capital region:** Subject

to the provisions of the Act, the Authority shall,
(1) Within one year of its constitution or within such time as the

Authority may extend, prepare a perspective plan for the capital region and
more specifically capital city area incorporating the infrastructure plan in
the manner prescribed by standing orders.

(2) Within two years of its constitution or within such time as the

Authority may extend, prepare a concept master plan for the capital region,
and detailed master plans for the capital city area and such other areas as
are deemed necessary along with the infrastructure plans in the manner
prescribed by standing orders. In particular, the plans shall provide
proposals and policies, so far as may be necessary, for all or any of the
following matters, namely,
(a) for designating the use of the land for residential,
industrial, commercial, agricultural and

recreational purposes;


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(b) for the reservation of land for public purpose,
such as schools, colleges, and other educational
institutions, medical and public health institutions,
markets, social welfare and cultural institutions,
theatres and places for public entertainment, public
assembly, museums, art galleries, religious buildings,
play-grounds, stadium, open spaces, dairies and for
such other purposes as may, from time to time, be
specified by the Authority;

(c) for designation of areas for zoological gardens, green
belts, natural reserves and sanctuaries;

(d)for transport and communications, showing

ring/radial/grid roadsconnecting all settlements,

metro/mono rail, bus rapid, transit routes, highways,
parkways, railways, waterways, canals and airport,
including their extension and development, traffic and
transportation, transit oriented development, and
mass transportation facilities;

(e) for water supply, storm water drainage, sewage
disposal, other public utility amenities and services
including supply or electricity and gas;

(f) for reservation of land for community facilities and
services;

(g)for designation of sites for service industries,
industrial estates and any other industrial

development on an extensive scale;

(h for preservation, conservation and development of
areas of natural scenery and landscape enhancing
greenery, urban landscape implementation in capital
region and individual plots, riverfront development
and/or lake or water front development;

(i) for water conservation, watershed management,
water  harvesting, recharge of ground water, flood
control, and prevention of air, water and river
pollution;


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(j for preservation of features, structures or places of
historical, natural, architectural or scientific interest
and of educational value;

(k)proposals and policies for promoting housing and
community facilities for all sections of society;

(l) for promoting urban design and built form with
aesthetics and architectural control for over all
development and individual plots;

(m) for the reservation of land for the purpose of Union,
any State, local body or any other authority or body
established by or under any law for the time being in
force;

(n) for the filling up or reclamation of low lying,
swampy or unhealthy areas or levelling up of land;

(o) provision for controlling and regulating the use and
development of land within the development area,
including imposition of conditions and restrictions in
regard to the open space to be maintained for
buildings, the percentage of building area for a plot,
maximum floor space index, the locations, number,
size, height, number of stories and character of
buildings and density of built up area allowed in
specified area, the use and purposes to which a
building or specified areas of land may or may not be
appropriated, the sub-divisions of plots, the

discontinuance of objectionable uses of land in any
area in any specified periods, parking spaces, loading
and unloading space for any building and the sizes of
projections and advertisement signs and hoardings
and other matters as may be considered necessary for
carrying out the objects of this Act;

(p) provisions for preventing or removing pollution of
water or air caused by the discharge of waste or other
means as a result of the use of land;

(q) such other proposals for public or other purposes
as may from time to time be approved by the Authority
or as may be directed by the State Government in this
behalf.


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(3) Undertake detailed area development plans for the capital city

area as well as for the rest of the capital region covering all the matters at
sub-section (2), and enforce development regulations in those areas for the
purpose of securing planned development.

(4)  Undertake surveys and studies in the capital region, create and

maintain the data base and information system required for collection
and/or use of such information, and prepare reports, projects, plans and
maps; and associate advisors, consultants as may be necessary for such
purposes.

(5)  Review and revise the perspective plan, the master plans, area

development plans, or any other plans.

(6)  After the coming into operation of an area development plari, the

approved perspective plan of the same area shall stand modified or altered
to the extent the proposals in the development plan are at variance with the
perspective plan.

**39.** **Process of approval of plans: (1) After preparing a plan under section**
38, the Authority shall notify the same in such form and manner as may be
prescribed along with a notice in the prescribed manner, inviting objections
or suggestions from any person or body giving a time period of thirty days.

(2)  A development plan shall show in distinguishing prescribed

colours the area or sites and the uses to which they are proposed to be put,
and cover the following details, namely,
(a) a statement indicating broadly the uses to which

lands in the area covered by the plan are proposed to
be put and any survey carried out for the preparation
of the draft development plan;

(b)maps, charts and statements explaining the

provisions of the draft development plan;

(c) the draft regulations for enforcing the provisions of

the draft development plan;

(d)procedure explaining the manner in which

permission for    developing any land may be
obtained from the Authority; and

(e) a statement of the stage of development by which it

is proposed to meet any obligation imposed on the
Authority by the draft development plan:


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Provided that any of the aforementioned items may be modified by the
Authority.

(3)   After considering all objections, suggestions and representations

that may have been received in writing or through electronic mail, the
Authority may make modifications or revision to the plans in such manner
as it thinks fit, and sanction with draft policies, development promotion
regulations and reports.

(4)  When the modifications in the draft plan are of an extensive or of

a substantial nature, the said Authority shall publish the modifications in
the Official Gazette along with a notice in the prescribed manner inviting
suggestions or objections from any person with respect to the proposed
modifications within a period of thirty days from the date of publication of
such notice and thereupon, the provisions of sub-section 91) shall apply in
relation to such suggestions or objections.

(5)  The Authority shall within thirty days sanction the said plans

with or without modifications.

(6)  The sanction accorded by the Authority shall be notified in the

official Gazette and the plans shall come into force from the date of
publication.

**40.  Power to undertake preparation of area development Plans:**

(1)  Subject to overall conformity with the perspective plan, master

plan, and infrastructure plan, the Authority or the respective Local bodies
under the guidance of the Authority, may undertake the preparation of area
development plans for any of the provisions as stated at sub-section (2)of
section 38 with a time span of five to ten years.

(2)  The Local body shall submit the said area development plans

prepared for its jurisdiction, after calling for objections, suggestions and
representations, along with the resolution of the local body to the Authority
for approval.

(3)  The sanction accorded by the Authority shall be notified in the

Official Gazette and the plans shall come into force from the date of
publication.

**41.  Modification to the sanctioned development plans: (1) The**
Authority may, on a reference from the Local body concerned, make such
modifications to the sanctioned perspective plan, master plan and


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infrastructure plan, or area development plan as it thinks fit and which in
its opinion are necessary.

(2)  The Commissioner or the Chief Executive of the Local body, as

the case may be, shall prepare a report together with the plan and full
particulars of any such modification.

(3) Before making any modifications to the development plans, the

Authority, shall publish a notice inviting objections or suggestions from the
public giving a time period of fifteen days from the date of publication of the
notice and shall hear all objections and suggestions.

(4) After due consideration of the objections and suggestions

received, the final modification made under the provisions of this section
shall be published in the Andhra Pradesh Gazette, and the final
modifications shall come into operation from the date of publication of such
notification.

(5) The Authority shall levy such fees and charges including

development charges and conversion charges as applicable and as may be
prescribed in any such modification effected to the sanctioned development
plan from the land owners at whose instance the modifications are effected
or who will have the advantage due to such modifications. These charges
shall take into account the benefits that would accrue to the land owners
from the change and shall seek to capture some share of the increased land
value.

**42.** **Enforcement of the sanctioned plans:** (1) The plans sanctioned

under section 38, shall be binding on all the local bodies, all organizations
and the residents in the capital region.

(2) The guidelines, polices, specifications and targets regarding

affordable housing as proposed in the said sanctioned plans shall be
implemented by the local bodies within the capital region.

(3) The Local bodies shall be responsible for the implementation of

the sanctioned plans in the development area under the overall control of
the Commissioner.

**CHAPTER VIII**

**DEVELOPMENT SCHEMES**

**43. Development Schemes: (1) Subject to the provisions of this Act or any**
other law for the time being in force, the Authority may, within its
jurisdiction, or any part thereof, for the purpose of achieving planned


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development and for providing better infrastructural facilities by

implementing the proposals as envisaged in the plans sanctioned under
section 38 on its own or authorize any other body or any developer entity to
prepare and implement one or more development schemes in conformity
with such plans:

Provided that the scheme is contiguous and approachable by a public road.

(2) Land uses earmarked in the plans sanctioned under section 38 as

peri-urban use, conservation use, agricultural use, or any other nonconflicting uses as may decided by the Authority shall automatically stand
converted to uses proposed under the development scheme:

Provided that land uses earmarked as bio-conservation use, water bodies,
buffer zone, forest use and all other such prohibited uses as may be decided
by the Authority including roads and utilities sanctioned in plans under
section 38 are prohibited from automatic change of land use or modification:

Provided further that, the marginal realignment of road network proposed in
the sanctioned plans under section 38 may be considered by the Authority,
if the said realignment is within the scheme area and is essential in the
overall interest of the development of the area and does not in any manner
contradict the development plans.

(3) The Authority/Commissioner, as and when required, may by

notification invite applications from any developer entity to undertake a
development scheme independently or jointly with the Authority as specified
in accordance with the provisions of this Act, as per the terms and
conditions specified in the notification and as per the conditions stipulated
by the Authority while according sanction for the development scheme.

(4) The types of development schemes shall be,
(a)   Land Pooling Scheme;

(b)   Town Planning Scheme; and

(c) Any other special development scheme as

prescribed.

(5) Notwithstanding anything contained under this Act, the

Government may, after making such inquiry as it deems necessary, by
notification, require the Authority to make development scheme in respect of
any area within the capital region which conforms to the provisions of this
Act.


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(6) For the purposes of the provisions of the Act, the requisition made

by the Government through a notification shall be deemed to be the
declaration of intention to make a scheme.

**44.** **Provisions of the development scheme: The development scheme**

may make provisions for any of the following matters, namely,—

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

upon;

(2) lands likely to be used for construction of buildings for residential

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

(3) layout of new streets or roads, construction, diversion, extension,

alternation, improvement of streets and communication network;

(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;

(5) drainage inclusive of sewerage, surface or sub-soil drainage and

sewage disposal;

(6) lighting;

(7) water supply;

(8) trunk and other infrastructure required to service the

infrastructure within the development area;

(9)preservation, conservation and protection of all heritage related

objects and also water bodies;

(10) The preservation of objects of historical or national interest or

natural beauty; and

(11) Such other provisions as prescribed by the Authority.

**45.** **Content of the development scheme: (1) The development scheme**

shall contain the following particulars, namely,
(a) survey numbers as in diglot or re-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;


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(b) details of ownership of all parcels of land;

(c) preparation of the scheme incorporating details
such as roads, amenity areas, land use and such
other items in accordance with the sanctioned
plans under section 38;

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

(e) the re-constituted plots which would be reallotted to the    land owners;

(f) method of re-allotment or registration;

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

(h) the plots / 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;

(i) the plots / 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;

(j) type of the development entitled for each of the
plot / land based on the use of the development
including the sectors of capital city area in
accordance with;

(k) line estimates for development of the scheme

[Level and cost of infrastructure shall be as per the
prescribed standards];

(l) the area proposed for various purposes as
prescribed;

(m) any other particulars as may be prescribed.

**46.** **Infrastructure and amenities to be provided: (1) The Authority or**

the developer entity whoever undertakes the development scheme shall
provide the following infrastructure and amenities in the area of
development scheme:

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(a) road development;

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

(c) water supply;

(d) sewerage works – distribution network and
sewerage  treatment facility;

(e)  storm water drainage network;

(f)  rain water harvesting;

(g) telecommunication lines located in exclusive
strips of land over ground or in ducts under the
surface; and

(h) development of open spaces for parks, play
grounds and avenue plantation without

obstructing pedestrian ways or roads;

(2) The responsibility of providing infrastructure within the

reconstituted plots shall lie with the owner.

**47.** **Cost of the scheme: (1) all sums payable to the Authority under the**

provisions of this Act;

(2) all sums spent or estimated to be spent to undertake the scheme

including proportionate external and full internal infrastructure cost or
betterment charges;
(a) in the making of the scheme;

(b) in the execution of the scheme;

sss
(c) in the execution of such part of the peripheral
and bulk services as may be considered
necessary.

(3) all sums payable to any other agency or Government under the

provisions of any other relevant Acts;

(4) administrative and legal expenses including risk reserves based on

the future litigations;

(5) the cost of publication charges in the newspapers pertaining to the

scheme;


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(6) registration charges, if any.

**48. Reconstitution of plots: (1) The title of the land owners covered under**
the development scheme shall be verified with reference to the revenue
records, registration documents and other relevant records of ownership of
land by the Competent Authority and an order issued under his seal and
signature confirming the acceptance or otherwise of the land for the
development scheme.

(2) In the development scheme, the size and shape of every plot shall

be determined, so far as may be, to render it suitable for development and
complying with the provisions of the scheme.

(3) The development scheme may be prepared in sectors with details

of the name, number of the plots, roads and the reconstituted plots with
numbering which shall be allotted in the area of the development scheme to
the owners in accordance with the eligibility as prescribed.

(4) The Authority may earmark the land allotted to it in a single

separate sector or in a group of sectors for specific purposes, and the
reconstituted plot / land may be allotted to the land owners in a single
separate sector or group of sectors for the purposes specified in the
development scheme.

(5) The development scheme may contain proposals:
(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;

(b) for location of the reconstituted plot / land
anywhere in the identified area of the development
scheme;

(c)  for allotment of reconstituted plot / land by
draw of lots;

[
(d) to provide with the consent of the owners the
allotment of reconstituted plot /land jointly as
common reconstituted plot; and

(e) for allotment of a reconstituted plot / land to
any owner dispossessed of land in furtherance of
the scheme.


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(6) The proportion and extent of eligibility for each land owner shall be

determined before publishing the draft development scheme.

**49.** **Restrictions on the use and development of land after publication**
**of draft development scheme:** (1) On or after the date on which a draft
development scheme is published, no person shall, within the area included
in the scheme, carry out any development unless such person has applied
for and obtained the necessary permission for doing so from the
Commissioner in prescribed form and on payment of such scrutiny fees and
charges as may be prescribed by regulations.

(2) Where an application for permission is received by the

Commissioner, he shall, send to the applicant a written acknowledgement of
its receipt and after making such inquiry as, it deems fit, may either grant
or refuse such permission or grant it subject to such conditions as he may
think fit to impose.

(3) If any person contravenes the above provisions or of any condition

imposed, the Commissioner may direct such person by notice in writing to
stop any development in progress, and after making an inquiry in the
prescribed manner remove, pull down, or alter any building or other
development or restore the land or building in respect of which such
contravention is made to its original condition.

**50. Disputed ownership:** (1) Where there is a disputed claim to the
ownership of any piece of land included in the area under the development
scheme in respect of which a declaration of intention has been made and
any entry in the record of rights or mutation relevant to such disputed claim
is inaccurate or inconclusive, an enquiry may be held by Competent
Authority in case of any development scheme at any time before the final
allotment of the reconstituted plot /land for the purposes of deciding as to
who shall be deemed to be the owner for the purposes of this Act and pass
orders under his seal and signature.

(2) Such decision shall not be subject to appeal but it shall not

operate as a bar to a regular suit in a Court of competent jurisdiction.

**51.** **Registration not required. Act No.XVI of 1908: (1) Nothing in the**

Registration Act, 1908 shall be deemed to require the registration of any
document, plan or map prepared, made or sanctioned in connection with a
development scheme implemented by the Authority which has come into
force.


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(2) All such documents, plans and maps shall, for the purposes of

Section 48 and 49 of the Registration Act, 1908 be deemed to have been
registered in accordance with the provisions of that Act:

Provided that the documents, plans and maps relating to the sanctioned
scheme shall be accessible to the public in the manner prescribed.

**CHAPTER IX**

**LAND POOLING SCHEME**

**52.** **Land pooling scheme: The land pooling scheme is intended for land**

owners volunteering to surrender their land against a guaranteed return of a
developed and reconstituted plot/land.

**53. Reservation and allotment: (1) The reservation and allotment of land**
for various purposes in the land pooling scheme may be as specified below:
(a) ten percent of total area of the scheme for

parks, playgrounds, gardens and open spaces;

(b) thirty percent of total area of the scheme for

roads and  utility services;

(c) five percent of total area of the scheme for social

amenities such as school, dispensary and other
community facilities;

(d) at least five percent of total area of the

scheme for providing affordable housing for the
poor;

(e) a share of total area of the scheme specified

by the Authority for reconstituted plots / land for
re-allotment to land owners;

(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, amenities,
trunk infrastructure and other costs and expenses
to be incurred for the scheme. The Authority may
use this land for development of capital city area or
for residential or commercial or public or

semipublic or any other purposes as may be
approved by the Authority:

Provided that the percentage of the allotment of
land as specified in Clauses from (b) to (d) may be


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altered by the Authority while preparing the land
pooling scheme depending upon the nature of
existing and proposed development as per

sanctioned development plans under section 38
and for the reasons to be recorded in writing.

(2) The area of the land pooling scheme shall be as notified by the

Authority under section 55 of this Act.

**54.** **Role of developer entity:** The developer entity intending to

undertake a land pooling scheme shall obtain a license from the
Commissioner to formulate and implement a land pooling scheme containing
such particulars and details as may be prescribed:

**Provided that,-**

(1) the developer entity shall submit the application to formulate

and implement a land pooling scheme only after a notification is issued by
the Authority as stated at sub-section (3) of section 43 under the Act;

(2) the requirements of the Scheme as prescribed under this Act

shall be complied with;

(3) the costs for development of the development scheme shall

factored into the project before the developer undertakes the development
work;

(4) the developer entity shall obtain all necessary permissions from

the Commissioner as required under the Act duly paying the prescribed fees
and charges to undertake the scheme;

(5) The developer entity shall mortgage a part of the scheme area as

prescribed in favour of the Authority in order to comply with the conditions of
the development scheme and the same shall be re-conveyed by the
Commissioner while issuing the completion certificate of the scheme.

**55.** **Declaration of intention: (1) Competent Authority for Land Pooling**

shall be the Commissioner and includes such other officers along with staff,
appointed by Government for the purpose.

(2) The area for the land pooling scheme may be identified by the

Commissioner either on his own or based on the applications received from
the land owners or developer entity.


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(3) The Commissioner shall obtain the approval of the Authority and

initiate land pooling scheme for the identified area:

Provided that no such approval shall be necessary in case of any area

notified by the Government under sub-sections (5) and (6) of section 43.

(4)The Competent Authority for Land Pooling shall issue notification

declaring its intention (hereinafter referred to as the ‘declaration of intention’)
to make the land pooling scheme in respect of such an area in the prescribed
manner within prescribed time period, calling for objections or suggestions as
well as consent, from owners or interested parties whose lands are included
in the land pooling scheme within a period of 30 days from the date of
publication of such notification.

(5) The Authority shall hear all such objections and suggestions

within prescribed time period and approve the area with or without
modifications within prescribed time period.

(6) The Competent Authority for Land Pooling within prescribed

time period shall notify the modified area of the land pooling scheme for the
preparation of draft land pooling scheme.

(7) Verification of the title and extent of consenting land owners

shall be done under sub-section (1) of section 48.

(8) Disputed ownership shall be resolved under section 50.

**56.** **Draft notification of land pooling scheme:** (1) The Competent

Authority for Land Pooling shall make a draft land pooling scheme of the
area in accordance with sanctioned development plans in consultation with
land owners within the prescribed time period. Such consultations shall be
related to the provisions made under section 44 of this Act and each such
consultation has to be recorded in writing and has to be signed by the
Competent Authority for Land Pooling on behalf of the Authority.

(2) The Authority shall approve and publish the notification of draft

land pooling scheme within prescribed time period along with the conditions
if any for carrying out the provisions of the scheme, calling for objections or
suggestions from the land owners whose lands are included in the land
pooling scheme giving a time period of thirty days from the date of
publication of the notification.


-----

**57.** **Final notification of land pooling scheme: (1) If any person affected**

by such scheme communicates in writing to the Authority, any objections
relating to such scheme, the Authority shall consider such objections and
may at any time before approving the final land pooling scheme modify such
scheme as it thinks fit.

1[“(2). The notified area under the final land pooling scheme shall vest

absolutely with the State Government and Authority acting on behalf of
Government, free from all encumbrances, for reconstituting and

implementing the land pooling scheme.  The lands shall be managed by the
Authority for the purposes of this Act.”.]

(3) After publication of the final land pooling scheme within the

prescribed time period, the Competent Authority for Land Pooling shall issue
a land pooling ownership certificate.

(4) The land pooling ownership certificate shall contain details of

the land owner’s original land and that of the reconstituted plot/land,
including its original ownership details, along with a sketch of reconstituted
plots, and such certificate shall be the conclusive evidence of the title of the
property in respect of the reconstituted plot/land and shall be eligible for
transfer of rights of the property in accordance with the provisions of the
Registration Act, 1908. (Central Act XVI of 1908).

(5) After notification of the final land pooling scheme, the same

shall be incorporated in the notified plans under section 38 as the case may
be.

(6) All lands reserved for the parks, play grounds and open spaces,

and all lands allotted for roads, social amenities and affordable housing
shall be deemed to be handed over to the Authority upon notification of the
final land pooling scheme.

(7) All lands allotted for the Authority or the developer entity, as the

case may be, shall also be deemed to be handed over to the Authority or the
developer entity, as the case may be.

(8) The notified final land pooling scheme shall be a deemed layout

development permission by the Authority.

(9) The owner of the reconstituted plot will be responsible for the

following, namely,
1 Subs. by Act 1 of 2018, s.4, (w.e.f. 1-7-2016)


-----

(a) for providing all the required infrastructure

within the  reconstituted plot and for obtaining

development permissions as per applicable

regulations;

(b) to obtain all permissions and requisite ‘No

Objection Certificates’ required for the

development of the reconstituted plot; and

(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.

**58.** **Implementation of final land pooling scheme:** (1) The permission

for the final land pooling scheme shall remain valid for a period as may be
prescribed.

(2) The physical demarcation of roads and plots of the final land

pooling scheme shall be commenced immediately on final sanction and shall
be completed within the prescribed time period.

(3) The Competent Authority for Land Pooling shall hand over the

reconstituted plots to the land owners after formation of the roads as per the
final land pooling scheme within a period as may be prescribed.

(4) The remaining infrastructure shall be developed in a phased

manner in a period as may be prescribed.

(5) If the works are not completed within the prescribed period, the

final sanction and permission shall be revalidated by the Authority for a
maximum period as may be prescribed.

**59.** **Completion of final land pooling scheme: (1) The Commissioner**

shall, duly furnishing the details of completion of the works along with the
necessary infrastructure plans, publish a notice of completion of the final
land pooling scheme within the period as may be prescribed.

(2) The Commissioner shall also publish the details of re-allotment

of reconstituted plots / lands along with land mutation records and land
pooling ownership certificates.

(3) On verification of the details in sub-section (1) and sub-section

(2), the Commissioner shall issue the Completion Certificate along with
layout of final land pooling scheme.


-----

**60.** **Infrastructure maintenance:** (1) Reconstituted plot/land owners

shall have to pay for the usage, consumption and maintenance charges
levied by the local bodies or agencies responsible for the common
infrastructure and respective services including roads, street lighting, solid
waste management, sewerage treatment facility, water supply, parks and
play grounds and other amenities.

(2) The Authority may maintain the common infrastructure and

facilities either on its own or authorize a Local body or an elected resident
welfare association duly collecting the necessary charges for such
maintenance.

**CHAPTER X**

**TOWN PLANNING SCHEMES**

**61.** **Town planning scheme: (1) Subject to the provision of this Act or any**

other law for the time being in force, the Authority may make one or more
town planning schemes for the capital region or any part thereof, regard
being had to the proposals in the sanctioned development plans under 38, if
any.

(2) Town planning scheme may be in accordance with the

provisions of this Act in respect of any land which is:
(a) in the course of development;

(b) likely to be used for residential or commercial

or industrial or for building purposes; or

(c) already built upon.

**Explanation:**

For the purpose of this sub-section, the expression “land likely to be

used for building purposes” shall include any land likely to be used as, or
for the purpose of providing, open spaces, roads, streets, parks, pleasure or
recreation grounds parking spaces or for the purpose of executing any work
upon or under the land incidental to a Town Planning Scheme, whether in
the nature of a building work or not.

(3) The reservation and allotment of land for various purposes in

the Town Planning Scheme shall be in accordance with sanctioned
development plans and as specified in section 53 (1).

**62.** **Declaration of intention to make a scheme: (1) Before making any**

town planning scheme under the provisions of the Act in respect of any


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area, the Authority may, by resolution, declare its intention to make such a
scheme in respect of such area.

(2) Within **Fifteen days** from the date of such declaration

(hereinafter referred to as the declaration of intention to make a scheme),
the Authority shall publish it in the prescribed manner.

(3) A copy of the plan shall be kept open at the office of the

Authority during the office hours for the inspection of the public.

(4) The town planning scheme shall be mandatory and all the land

owners shall invariably participate in such town planning scheme on
declaration of intention to make the scheme by the Authority.

**63.** **Making and publication of draft town planning scheme: Within six**

months from the date of the declaration of intention to make a scheme
under section 62, the Authority shall make a draft town planning scheme of
the area in respect of which, the said declaration has been made and
publish the notification, along with the draft regulations for carrying out the
provisions of the scheme calling for objections or suggestions from the land
owners whose lands are included in the draft town planning scheme within
thirty days from the date of the publication of the draft town planning
scheme.

**64.** **Objections to draft scheme to be considered: If any person affected**

by such scheme communicates in writing to the Authority, any objections
relating to such scheme, the Authority shall consider such objections and
may at any time before submitting the draft town planning scheme to the
Government as hereinafter provided modify such scheme as it thinks fit.

**65.** **Power of Government to sanction draft town planning scheme:**

(1) The Authority shall, within **Sixty days from the date of the**

publication of the draft town planning scheme in the manner as prescribed,
submit the draft town planning scheme with any modifications that may
have been made therein under section 64 together with the objections which
may have been communicated to it, to the Government for sanction.

(2) After receiving the draft town planning scheme, the Government

may, within thirty days from the date of its receipt by notification, sanction
such scheme with or without modifications or subject to such conditions as
it may think fit to impose or refuse to sanction it.

(3) If the Government sanctions such scheme, it shall in such

notification state at what place and time the draft scheme be open for the
inspection of the public.


-----

**66.** **Vesting of land in the authority:** (1) Where a draft town planning

scheme has been sanctioned by the Government under sub-section (2) of
section 65, (hereinafter in this section, referred to as ‘sanctioned draft
scheme’), all lands required by the Authority for the purposes in clauses (3),
(5), (6), (7) and (8) of section 44 shall vest absolutely in the Authority free
from all encumbrances.

(2) Nothing in sub-section (1) shall affect any right of the owner of

the land vesting in the Authority under that sub-section.

(3) The provisions of sections 85 and 86 shall mutatis-mutandis

apply to the ‘sanctioned draft scheme’ as if; ‘sanctioned draft scheme’ was a
preliminary scheme.

**67.** **Appointment of Planning Officer: (1)** With thirty days from the

date on which the sanction of the Government to a draft scheme is notified,
the Government shall appoint a Planning Officer possessing such
qualification as may be prescribed, for the purpose of such scheme and
provide him with such number of officers and staff as may be considered
necessary and his duties shall be as hereinafter provided:

Provided that the Government may, on the request made by the Authority,
appoint a Planning Officer within thirty days from the date of the publication
of the draft town planning scheme under section 63.

(2) The Government may, if it thinks fit, at any time, remove, on the

ground of incompetence or misconduct or any other good and sufficient
reason, a Planning Officer appointed under this section and shall forth with
appoint another person in his place and any proceeding pending before
Planning Officer immediately before the date of his removal shall be
continued and disposed of by the new Planning Officer appointed in his
place:

Provided that no Planning Officer shall be removed under this sub-section
expect after an inquiry in which he has been informed of the charges against
him and a reasonable opportunity of being heard in respect of those charges
has been given to him.

(3) Subject to the provisions of sub-section (2), a Planning Officer

appointed under sub-section (1) for the purpose of any scheme shall cease
to hold office with effect from the date on which the final town planning
scheme is sanctioned is sanctioned under section 82.

**68.** **Duties of Planning Officer:** Within a period of six months from the

date of his appointment, the Planning Officer shall, after following the


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prescribed procedure, sub divide the ‘sanctioned draft scheme’ into a
preliminary scheme and a final scheme:

Provided that the Government may, from time to time, by order in writing,
extend the said period by such further period or periods as may be specified
in the order and any such order extending the period may be made so as to
have retrospective effect.

**69.** **Contents of preliminary and final scheme:** (1) In a preliminary

scheme, the Planning Officer shall,
(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

reconstituted plot/land;
(b) after giving notice as aforesaid, determine in a

case in which a reconstituted plot/land is to be
allotted to persons in ownership in common, the
shares of such persons;
(c) provide for the total or partial transfer of any

right in an original plot to a reconstituted plot or
provide for the transfer of any right in an Original
Plot in accordance with the provisions of the Act;
(d) determine the period within which the works

provided in the scheme shall be completed by the
Authority.

(2) The Planning Officer shall submit the preliminary scheme so

prepared to the government for sanction and shall thereafter prepare and
submit to the government the final scheme in accordance with the
provisions of sub-section (3).

(3) In the final Scheme, the Planning Officer shall,
(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
95;

(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;


-----

(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;

(d) calculate the contribution to be levied under

sub-section (1) of section 97, 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;

(e) estimate the increment to accrue in respect of

each plot included in the scheme in accordance with
the provisions of section 96;

(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 97;

(g) calculate the contribution to be levied on each

plot included in the final scheme;

(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 97;

(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 100;

(j) draw in the prescribed from the preliminary and

the final scheme in accordance with the draft
scheme:


-----

Provided that the Planning Officer may make

variation from the ‘sanctioned draft scheme’, but no
such variation, if it is of a substantial nature, shall
be made except with the previous sanction of the
Government, and except after hearing the Authority
and any owners who may raise objections.

**Explanation:-**

(i) For the purpose of this proviso “variation of a substantial
nature” means a variation which is estimated by the Planning
Officer to involve an increase of ten percent in the costs of the
scheme as stated in section 95, on account of the provisions of new
works or the allotment of additional sites for public purposes
included in the preliminary scheme drawn up by the Planning
Officer.

(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.

**70.** **Certain decisions of Planning Officer to be final: Expect in matters**

arising out of clauses (c), (d), (e), (f), (g) and (i) of sub-section (3) of section
69, every decision of the Planning Officer shall be final and binding on all
persons.

**71.** **Appeal: Any decision of the Planning Officer under clauses (c), (d), (e),**

(f), (g) and (i) of sub-section (3) of section 69 shall forthwith communicated
to the party concerned in the prescribed from and any person aggrieved by
such decision may within **fifteen days from the date of communication of**
decision, present an appeal to the Board of Appeal constituted under section
72.

**72.** **Constitution of Board of Appeal:** (1) The Government shall, from

time to time by an order published in the Andhra Pradesh Gazette,
constitute a Board of Appeal for hearing and deciding appeals under section
71.

(2) The Board of Appeal shall consist of three members, one of

whom shall be its President and two persons, possessing such qualifications
and experience as may be prescribed, as assessors.


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(3) The President shall be a person who is or has been a District

Judge or a Judge of the City Civil Court.

(4) The terms of appointment of the President of the Board of

Appeal and conditions of service shall be such as may be prescribed.

(5) The Board of Appeal constituted under sub-section (1) shall

stand dissolved as soon as a copy of its decision in appeal is sent to the
Planning Officer under sub-section (2) of section 79.

(6) The Government may, if it thinks fit, remove for incompetence

or misconduct or for any other good or sufficient reason any assessor
appointed under sub-section (1).

(7) If any assessor is removed or dies or refuses or neglects to act or

becomes incapable of the acting, the authority who appointed such assessor
shall appoint forthwith a fit and proper person in his place.

**73.** **Planning Officer to assist Board in advisory capacity:**

(1) The Planning Officer shall be present at the proceedings before the

Board of Appeal.

(2) The Planning Officer shall not be required to give evidence in

such proceedings but the President may require him to assist the Board in
an advisory capacity.

**74.** **Place where Board may sit:** The Board of Appeal may sit either at

the headquarters of the President or at any other place within the local
limits of his jurisdiction which he may deem convenient for the
consideration and decision of any matter before such Board.

**75.** **Decision of questions of law and other questions: All questions of**

law and procedure shall be decided by the President and all other questions
shall be decided by the President and the two assessors or by a majority of
them.

**76.** **Power of Board to decide matter finally:** (1) After making such

inquiry as it may think fit, the Board of Appeal may either direct the
Planning Officer to reconsider its proposals, or accept, modify, vary or reject
the proposals of the Planning Officer.

(2) Every decision of the Board of Appeal shall be final and binding

on all persons.

**77.** **Board not to be a court:** Nothing contained in this Act shall be

deemed to constitute the Board of Appeal to be a court.


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**78.** **Remuneration of assessors and payment of incidental expenses of**

**Board to be added to costs of scheme:**

(1) The assessors shall, save where they are salaried Government

Officers, be entitled to such remuneration either by way of monthly salary or
by way of fees or partly by way of salary and partly by way of fees, as the
Government may, from time to time, determine.

(2) The salary of the President of the Board of Appeal or an

Assessor who is a salaried Government Officer and any remuneration
payable under sub-section (1) and all expenses incidental to the working of
the Board of Appeal shall, unless the Government otherwise determines, be
defrayed out of the funds of the Authority and shall be added to the costs of
the scheme.

**79.** **Decision of Planning Officer to be final in certain matters and**

**variation of scheme in view of decision in Appeal:**

(1) Where no appeal has been presented under section 71, in

respect of a matter arising out of clause (c), 9d), (e), (f), (g0 and (i) of subsection (3) of section 69, the decision of the Planning Officer shall be final
and binding on all the parties.

(2) The Board of Appeal shall send a copy of its decision in appeal

to the Planning Officer who shall, if necessary, make any variation in the
scheme in accordance with such decision and shall forward the Final
Scheme together with a copy of his decision under section 70 and a copy of
the decision of the Board of Appeal in appeal to the Government for the
sanction of the Final Scheme.

**80.** **Power to split up sanctioned draft scheme into separate section:**

(1) After a Planning Officer has been appointed under section 67,

the Authority may apply to him to split up the ‘sanctioned draft scheme’ into
different sections and to deal with each section separately as if such action
were a separate sanctioned draft scheme.

(2) On receipt of an application under sub-section (1), the Planning

Officer may, after making such inquiry as thinks fit, split up the ‘sanctioned
draft scheme’ into sections.

(3) The provisions of the Act and the rules made there under shall,

so far as may be, apply to each of such sections as if it were a separate
‘sanctioned draft scheme’


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**81.** **Submission of preliminary scheme and final scheme to the**

**Government:**

(1) The Planning Officer shall submit to the Government for

sanction the preliminary scheme also before the final scheme is submitted
to the Government under sub-section (2) of section 69, together with copy of
his decision under section 70.

**82.** **Power of the Government to sanction or refuse to sanction the**

**scheme and effect of sanction:**

(1) On receipt of the Preliminary Scheme or as the case may be, the

Final Scheme, the Government may,
(a) in the case of Preliminary Scheme, within a period of

thirty days from the date of its receipt, and

(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.

(2) Where the Government sanctions the preliminary scheme or the

final scheme, it shall state in the notification.
(a) the place at which the scheme shall be kept open for

inspection by the public, and

(b) a date on which all the liabilities created by the

scheme shall come into force:

Provided that the Government may, from time to
time, extend such date by notification, by such
period, not exceeding thirty days at a time, as it
thinks fit.

(3) On and after the date fixed in such notification, the Final

Scheme shall have effect as if it were enacted in this Act.

**83.** **Withdrawal of scheme:**


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(1) If at any time before the Preliminary Scheme is forwarded by the

Planning Officer to the Government, a representation is made to the
Planning Officer by the Authority and if the owners of the majority of the
land extent in the scheme area represent that the Scheme should be
withdrawn, the Planning Officer shall, after inviting from all persons
interested in the scheme objections to such representation, forward such
representation together with the objections, if any, to the Government.

(2) The Government after making such inquiry as it may deem fit,

may, if it is of opinion that it is necessary or expedient so to do, by
notification, direct that the scheme shall be withdrawn and upon such
withdrawal no further proceedings shall be taken in regard to such scheme.

**84.** **Effect of preliminary scheme: On the day on which the Preliminary**

Scheme comes into force,
1[“(1). all lands required by the Authority shall unless it is otherwise

determined in Town Planning Scheme/any Special Development Scheme,
vest absolutely in the State Government and Authority acting on behalf of
the Government free from all encumbrances;”.]

(2) all rights in the original plots which have been re-constituted

into re-constituted plots / land shall be determined and the re-constituted
plots / land shall become subject to the rights settled by the Planning
Officer.

**85.** **Power of authority to evict summarily:** On and after the date on

which a Preliminary Scheme comes into force, any person continuing to
occupy any land which he is not entitled to occupy under the Preliminary
Scheme shall, in accordance with the prescribed procedure, be summarily
evicted by the Authority.

**86.** **Power to enforce the scheme:** (1) On and after the date on

which Preliminary Scheme comes into force, the Authority shall, after giving
the prescribed notice and in accordance with the provisions of the scheme,
(a) remove, pull down, or alter any buildings 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;

1 Subs. by Act 1 of 2018, s. 5, (w.e.f. 1-7-2016)


-----

(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.

(2) Any expenses incurred by the Authority under this section shall

be recovered from the person in default or from the owner of the plot in the
manner provided for the recovery of sums due to the Authority under the
provisions of the Act.

(3) If any question arises as to whether any building or work

contravenes a town planning scheme or whether any provision of a town
planning scheme is not complied with in the erection or carrying out of any
such building or work, it shall be referred to the Government and the
decision of the Government shall be final and binding on all persons.

(4) No person shall be entitled to compensation in respect of any

damage, loss or injury resulting from all action taken by the Authority under
the provisions of this section expect in respect of the building or work begun
before the date referred to in sub-section (1) and only in so far as such
building or work has proceeded until that date:

Provided that any claim to compensation, which is not barred

by this sub-section shall be subject to the condition of any
agreement entered into between the claimant and the Authority.

(5) The provisions of this section shall not apply to any operational

construction undertaken by the Central Government or a State Government.

**87.** **Power to vary scheme on ground of error, irregularity or**

**informality:** (1) If after the preliminary scheme or the final scheme

has come into force, the Authority considers that the scheme is defective on
account of an error, irregularity or informality, the Authority may apply in
writing to the Government for the variation of the scheme.

(2) If on receiving such application or otherwise, the Government is

satisfied that the variation required is not substantial, the Government shall
publish a draft of such variation in the prescribed manner so that any
person affected thereby may communicate in writing his objections to such
variation to the Government through the Authority within thirty days of the
date of publication of the draft variation.

(3) The draft variation published under sub-section (2) shall state

every variation proposed to be made in the scheme and if any such variation


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relates to a manner specified in any of the sub-sections (1) to (8) of section
44, the draft variation shall also contain such other particulars as may be
prescribed.

(4) The draft variation shall be open to the inspection of the public

at such officers as published under sub-section (2).

(5) After receiving the objections, the Government may, after

consulting the Authority and after making such inquiry as it may think fit,
by notification
(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, or

(b) make the variation with or without

modification, or

(c) refuse to make the variation.

(6) From the date of the notification making the variation, with or

without modification, such variation shall take effect as if it were
incorporated in the scheme.

**88.** **Variation of Town Planning Scheme for land allotted for**

**Public purpose:** If at any time after the final town planning scheme

comes into force, the Authority is of the opinion that the purpose for which
any land is allotted in such scheme under any of the clause (a) and (c) of
section 61 requires to be changed to any other purpose specified in any of
the said clauses, the Authority may make such change after following the
procedure relating to amendment of regulations, specified in section 90 as if
such change were an amendment of regulations.

**89.** **Variation of Town Planning Scheme by another scheme:**

Notwithstanding anything contained in section 87, a Town
Planning Scheme at any time be varied by a subsequent scheme
made, published and sanctioned in accordance with the
provisions of the Act.

**90. Amendment of regulations:** (1) If at any time after the Final

Town Planning Scheme comes into force, the Authority is of the opinion that
the regulations relating to a town planning scheme require to be amended, it
may publish the requisite draft amendment in the prescribed manner and


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invite suggestions or objections thereto from any person to submit within
thirty days from the date of publication of the draft amendment;

(2) if any suggestions or objections relating to such amendment are

received, the Authority shall consider such suggestions or objections and
may, at any time before submitting the draft, amendment to the
Government as hereinafter provided, modify such amendment as it thinks
fit;

(3) the Authority shall within a period of sixty days from the date of

its publication, submit the draft amendment along with the suggestions or
objections to the Government and shall at the same time apply for its
sanction;

(4) after receiving such application and after making such inquiry

as it may think fit, the Government may sanction the amendment submitted
with or without modifications as it deems necessary or refuse to sanction
the amendment;

(5) if the amendment is sanctioned by the Government, the Final

Town Planning Scheme shall be deemed to have been varied in accordance
with the amendment.

**91.** **Compensation when scheme is varied: If at any time after the date**

on which the scheme has come into force, such scheme is varied, and any
person who has incurred any expenditure for the purpose of complying with
such scheme shall be entitled to be compensated by the Authority for the
expenditure, if such expenditure is rendered abortive by reason of the
variation of such scheme.

**92.** **Apportionment of costs of scheme withdrawn not sanctioned:**

In the event of a town planning scheme being withdrawn, the

Government may direct that the costs of the scheme shall be borne by the
Authority or be paid to the Authority by the owners concerned in such
proportion as the Government may in each case determine.

**93.** **Right to appear by recognized Agent:**

Every party to any proceedings before the Planning Officer or before

the Board of Appeal shall be entitled to appear either in person or by his
recognized agent.

**94.** **Powers of civil court in respect of certain matters:**

For the purpose of the Act, the authority under sub-section (1) of

section 50 or the Planning Officer or the Board of Appeal shall have the


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same powers of a Civil Court while trying a suit under the Code of Civil
Procedure, 1908 (Act No.XVI of 1908) in respect of the following matters,
namely,
(a) summoning and enforcing the attendance of any
person and examining him on oath;

(b) requiring the discovery and production of any
document;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of
witness or documents.

**95.** **Costs of Town Planning Scheme:** (1) In addition to the

requirements as stated in section 47 of the Act, the costs of a town planning
scheme shall include the following, namely,
(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;

(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;

(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.

(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.

(2) If in any case the total amount of the values of the plots

included in the final scheme exceeds the total amount of the values of the
original plots, each of such plots being estimated in the manner provided in
clause (c) of sub-section (1), then the amount of such excess shall be
deducted in arriving at the costs of the scheme as defined in sub-section (1).

**96.** **Calculation of increment:**

For the purpose of the Act, the increments shall be deemed to be the

amount by which at the date of the declaration of intention to make a
scheme the market value of the plot included in the final scheme estimated
on the assumption that the scheme has been completed would exceed at the
same date the market value of the same plot estimated without reference to
improvements contemplated in the scheme:

Provided that in estimating such value, the value of

buildings or other works erected or in the course of erection
on such plot shall not be taken into consideration.

**97.** **Contribution towards costs of scheme:** (1) The costs of the

scheme shall be met wholly or in part by a contribution to be levied by the
Authority on each plot included in the final scheme calculated in proportion
to the increment which is estimated to accrue in respect of such plot by the
Planning Officer:

Provided that,
(a) where the cost of the scheme,
(i) does not exceed half of the increment, the cost

shall be met wholly by a contribution, and

(ii) exceeds half of the increment, to the extent of

half of the increment it shall be met by a

contribution and the excess shall be borne by

the Authority;

(b) where a plot is subject to a mortgage with possession

or to a lease, the Planning Officer shall determine in


-----

what proportion the mortgage or lessee on the one

hand and the mortgagor or lessor on the other hand

shall pay such contribution;

(c) no such contribution shall be levied on a plot used,

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

(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.

(2) The owner of each plot included in the final scheme shall be

primarily liable for the payment of the contribution to be levied in respect of
such plot.

**98.** **Certain amounts to be added to, or deducted from, contribution**

**to be levied from person:**

The amount by which the total value of the plots included in the final

scheme with all the buildings and works thereon allotted to a person falls
short of or exceeds the total value of the original plots with all the buildings
and works thereon of such person shall be deducted from, or, as the case
may be, added to, the contribution to be levied from such person, each of
such plots being estimated at its market value at the date of declaration of
intention to make a scheme or the date of the notification issued by the
Government under sub-section (5) of section 43 and without reference to
improvements contemplated in the scheme other than improvements due to
the alteration of its boundaries.

**99.** **Transfer of right from original to reconstituted plot or extinction**

**of such right:**

Any right in an original plot which in the opinion of the Planning

Officer is capable of being transferred wholly or in part, without prejudice to
the making of a Town Planning Scheme, to a reconstituted plot shall be so
transferred and any right in an original plot which in the opinion of the
Planning Officer is not capable of being so transferred shall be extinguished:


-----

Provided that an agricultural lease shall not be transferred

from an original plot to a reconstituted plot without the

consent of all the parties to such lease.

**100. Compensation in respect of property or right injuriously affected**
**by scheme:**

The owner of any property or right which is injuriously affected by the

making of a Town Planning Scheme shall, if he makes a claim before the
Planning Officer within the prescribed time, be entitled to be compensated in
respect thereof by the Authority or by any person benefited or partly by the
Authority and partly by such person as the Planning Officer may in each
case determine:

Provided that the value of such property or rights shall be

deemed to be its market value at the date of the declaration of
intention to make a scheme or the date of the notification issued
by the Government under sub-section (5) of section 43 without
reference to improvements contemplated in the scheme, as the
case may be.

**101. Exclusion of compensation in certain cases:**

(1) No compensation shall be payable in respect of any property or

private right which is alleged to be injuriously affected by reason of any
provision contained in the Town Planning Scheme, if under any other law for
the time being in force applicable to the area for which such scheme is made
no compensation is payable for such injurious affection.

(2) Any property or private right shall not be deemed to be

injuriously affected by reason of any provision inserted in a town planning
scheme which imposes any conditions and restrictions in regard to any of
the matters related to the construction of buildings such as development
control/promotion regulations, zoning regulations or building rules / byelaws.

**102. Provision for cases in which amount payable to owners exceeds**
**amount due from him:**

If the owner of an original plot is not provided with a plot in the

preliminary scheme or if the contribution to be levied from him under


-----

section 97 is less than the total amount to be deducted there from under
any of the provisions of the Act, the net amount of his loss shall be payable
to him by the Authority in cash or in such other manner as may be agreed
upon by the parties.

**103. Provision for case in which value of developed plots is less than**
**amount payable by owners:** (1)If from any cause the total amount which
would be due to the Authority under the provisions of the Act from the
owner of a plot to be included in the final scheme exceeds the value of such
plot estimated on the assumption that the scheme has been completed, the
Planning Officer shall at the request of the Authority direct the owner of
such plot to make payment to the Authority of the amount of such excess.

(2) If such owner fails to make such payment within the prescribed

period, the Planning Officer shall, if the Authority so requests, acquire the
original plot of such defaulter and apportion the compensation among the
owner and other persons interested in the plot on payment by the Authority
of the value of such plot estimated at its market value at the date of the
declaration of intention to make a scheme or the date of a notification under
sub-section (5) of section 43 and without reference to improvements
contemplated in the scheme; and thereupon the plot included in the final
scheme shall vest absolutely in the Authority free from all encumbrances
but subject to the provisions of the Act:

Provided that the payment made by the Authority on

account of the value of the original plot shall not be
included in the costs of the scheme.

**104. Payment of adjustment of account:**

All payments due to be made to any person by the Authority under

the Act shall, as far as possible, be made by adjustment in such account
with the Authority in respect of the plot concerned or of any other plot in
which he has an interest and failing such adjustment, shall be paid in cash
or in such other manner as may be agreed upon by the parties.

**105. Payment of net amount due to the authority: (1) The net amount**
payable under the provisions of the Act by the owner of a plot included in
the final scheme may at the option of the contributor be paid in lump-sum
or in annual installments not exceeding ten.

(2) If the owner elects to pay the amount by installments, interest

at such rate as is arrived at by adding two percent to the bank rate
published under section 50 of the Reserve Bank of India Act, 1934 from time
to time, shall be charged per annum on the net amount payable.


-----

(3) If the owner of a plot fails to exercise the option on or before the

date specified in a notice issued to him in that behalf by the Authority, he
shall be deemed to have exercised the option of paying contribution in
instalments and the interest on the contribution shall be calculated from the
date specified in the notice, being the date before which he was required to
exercise the option.

(4) Where two or more plots included in the final scheme are of the

same ownership the net amount payable by such owner under the
provisions of the Act shall be distributed over his several plots in proportion
to the increments which is estimated to accrue in respect of each plot unless
the owner and the Authority agree to a different method of distribution.

**106. Power of authority to make agreement:** (1) The Authority shall be
competent to make any agreement with any person in respect of any matter
which is to be provided for in a Town Planning Scheme, subject to the power
of the Government to modify or disallow such agreement and unless it is
otherwise expressly provided therein, such agreement shall take effect on
and after the day on which the Town Planning Scheme comes into force.

(2) Such agreement shall not in any way affect the duties of the

Planning Officer as described under section 68 or the rights of third parties
but it shall be binding on the parties to the agreement notwithstanding any
decision that may be passed by the Planning Officer:

Provided that if the agreement is modified by the Government,

either party shall have the option of avoiding it, if it so elects.

**107. Recovery of arrears:** (1) Any sum due to the Authority under the

Act or any regulation made there under shall be a first charge on the plot on
which it is due, subject to the prior payment of land revenue, if any, due to
the Government thereon.

(2) Any sum due to the Authority under the Act or any regulation

made there under which is not paid on demand on the day on which it
becomes due or on the day fixed by the authority shall be recoverable by the
Authority by distress and sale of the goods and chattel of the defaulter as if
the amount thereof were a property tax due by the said defaulter.

(3) In lieu of the recovery of the dues of the Authority in the

manner provided in sub-section (2), any sum due or the balance of any sum
due, as the case may be, by such defaulter may be recovered from him by a
suit in any court of competent jurisdiction.


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**CHAPTER XI**

**PROMOTION OF DEVELOPMENT AND USE OF LANDS**

**108. Development permission mandatory: (1) After the commencement of**
the Act, and subject to the provisions of the Act, no development 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 shall be undertaken or carried
out in the development area without,
(a) obtaining a De4velopment permission Order from

the Commissioner, which shall be subject to the
development conditions that are applicable and required
to be complied with;

(b) payment of the development charges and other fees

and charges to the Authority to be levied under the Act.

(2) No Local body or government department or agency shall grant

any permission for any development work or sanction any development of
land or building or any institution of change of use land or building or
change of use of any land or building unless the Commissioner has granted
the permission for the same.

(3) No such permission shall be necessary for the following

activities but the concerned person shall intimate in writing and file the
necessary detailed plans, site plans, layout plans and building plans for
information and record of the Authority,
(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;

(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 purpose;

(c) In case of any operational construction.


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**1[108-A** **“Regulation** **and** **Penalization** **of** **buildings** **constructed**

**unauthorizedly or in deviation of sanctioned plan**

Notwithstanding anything contained in the Act, in the case of Gram

Panchayats falling in the ‘Capital Region’ except those included in the

‘Capital City Area’, the Commissioner and in case of Municipal Corporation,

Municipality or Nagar Panchayat constituted under relevant Acts, the

respective Municipal Commissioner may regulate and penalize buildings

constructed by the owner, or by an individual as the case may be,

unauthorizedly or in deviation of the sanctioned plan as on [2][“as on 31st day

of August 2018”] as a onetime measure as per the procedure and by levying

such penal amount as may be prescribed and upon payment of such

amount, all pending or contemplated proceedings and action of enforcement

shall be deemed to have been withdrawn and the competent authority shall

issue necessary occupancy Certificate to the owner or the individual as the

case may be.”.]

**109. Use and development of land and buildings to be in conformity**
**with plans of the authority:**

After the coming into operation of the perspective plan or master plan

or infrastructure plan or land pooling scheme or town planning scheme or
any area development plan in an area, formulated under the provisions of
the Act, no person or body shall use or permitted to use any land or carry
out any development in that area unless the development is in conformity
with such plans.

**110. Application for development permission: (1) Any person or body**
intending to carry out any development of land for the purpose of layout or
for sub-division into plots or for construction, reconstruction, addition or
alteration of any building shall apply in writing to the Commissioner for
development permission in such form and containing such particulars and
accompanied by such plans, documents, ownership documents for the land
or plot and on payment of fees and charges as may be prescribed by the
rules and regulations of the Act in addition to statutory provisions made
under the respective Acts of the Local bodies;

1 Ins. by Act 6 of 2015, s.4 (w.e.f.18-4-2015)
2 Subs. by Act 34 of 2018, s.4 (w.e.f. 19-11-2018)


-----

(2) On receipt of the application for Development Permission under

sub-section (1), the Commissioner, after making such enquiry as consider it
necessary in relation to any matter concerning the master plan,
infrastructure plan, development plan and regulations, area development
plan, notified development scheme, layout regulations, development
promotion regulations, aesthetics, architectural and urban design control
briefs, landscaping stipulations or in relation to any other matter, may issue
a development permission order either,
(a) granting permission unconditionally, or

(b) granting permission subject to such conditions
and as it may consider necessary, or

(c) refuse permission citing the grounds of such
refusal which shall be recorded in writing in the
order.

(3) No compensation shall be payable for the refusal of a

permission or for the imposition of modifications or conditions in granting
permission.

(4) If within sixty days after the receipt of such application made

under this section for development permission for layout or such similar
land development scheme or construction of building or of any information
or further information required, the Commissioner has neither granted or
refused permission, such permission shall be deemed to have been granted
and the applicant after intimating the Commissioner in writing, may proceed
to carry out the development but not so as to contravene any of the
provisions of the Act or plans or schemes or any rules or regulations made
under the Act.

(5) If any person carries on any development work or retains the

use of any building or work or continues the use of land in contravention of
the provisions under the Act, or of any development permission granted
under the Act, the Commissioner may direct such person, by notice in
writing, to stop further progress of such work or to discontinue any use and
may, after making an inquiry in the prescribed manner, remove or pull
down any building or work carried out and restore the land to its original
condition or as the case may be, take any measure to stop such use.

(6) Any expenses incurred by the Commissioner under sub-section

(5) shall be a sum due to the Authority under the act from the person in
default.


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(7) The development permission order may among other conditions

contain the implementation of master plan and infrastructure plan and
regulations, area development plan, notified development scheme, layout
regulations, development promotion regulations layout regulations,

development promotion regulations, road network and other communication
network system and the area of land affected and to be surrendered free of
cost to the Authority for development in accordance with such sanctioned
Plan or regulations.

(8) In such layouts and such other similar site development,
(a) such development permission shall be considered
only if the same is undertaken through a licensed
developer;

(b) the licensed developer shall be required to
mortgage fifteen percent of the plotted saleable land
to the Authority 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 Commissioner shall be
empowered to sell away the mortgaged plots and
utilize the amount so realized for completion of the
development works.

**111. Lapse of development permission: (1)Every Department Permission**
granted under the Act shall remain valid for three years during which time
the development works or layout works or construction and civil works shall
be completed, and if not completed, such permission shall be got revalidated
for another two years only on submitting an application and on payment of
the additional fees and charges as may be prescribed.

(2) After obtaining the Development Permission under the Act, if

the works are not commenced within one year from the date of such
sanction, the Development Permission stands lapsed:

Provided that such lapse shall not bar any subsequent

application for fresh Development Permission under the

Act, however, such application shall be subject to the rules

/ regulations and payment of fees and charges which are in

force as on that date of fresh application.

**112. Deviations during development:**


-----

If during the execution of any development works or layout works or

construction and civil works, any deviation is made from the Development
Permission granted and the same are in accordance within the provisions of
the Act or Plans or Schemes or any rules or regulations made under the Act,
the revised Development Permission shall be obtained under the Act.

**113. Revoking of Development Permission:**

The Commissioner or the Authority or the Government, may revoke

any Development Permission issued under this Act, whenever it is found
that there has been any false statement or wrong permission is issued or
any misinterpretation of any material fact or rule on which the permission
was granted, after giving the person concerned an opportunity of being
heard against such revocation.

**114. Penalty for unauthorized development or for use otherwise than**
**in conformity with sanctioned plans:**

(1) Any person who, whether at his own instance or at the instance

of any other person or anybody including a department of Government
commences, undertakes or carries out development of any land or building
or institutes or changes the use of any land or building in contravention of
the master plan or infrastructure plan or area development plan or notified
development scheme or any plan sanctioned under the Act,
(a) without permission as required under the Act; or

(b)which is not in accordance with any permission
granted or in-contravention of any condition subject
to which such permission has been granted; or

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

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

Shall be punishable with imprisonment for term which may

extend to three years or with a fine equivalent to twenty
percent of the value of the land as fixed by the Registration
Department at the time of undertaking the development of
the land or building or both, and in the case of a
continuing offence with a further daily fine which may
extend to fine equivalent to one percent of the value of the
land as fixed by the Registration Department for everyday


-----

during which such offence continues after conviction for
the first commission of the offence.

(2) Any person who deals with the development of land or building

by way of sale or otherwise in contravention or without compliance of the
provisions of the Act or rules or regulations made therein shall be
punishable with imprisonment for a term which may extend to three years
or with a fine equivalent to twenty percent of the value of the land in
question as fixed by the Registration Department at the time of undertaking
development of any land or both and in the case of continuing the offence
with a further daily fine which may extend to fine equivalent to one percent
of the value of land in question as fixed by the Registration Department at
the time of undertaking development of any land for every day during which
such offence continues after conviction for the first commission of the
offence;

(3) Any person who continues to use or allows the use of any land

or building in-contravention of the provisions of the master plan or any such
plans sanctioned under the Act without being allowed to do so under the
provisions of the Act, or where the continuance of such use has been
allowed under the Act continues such use after the period for which the use
has been allowed or without complying with the terms and conditions under
which the continuance of such use is allowed, shall be punished with a fine
equivalent to ten percent of the value of the land as fixed by the Registration
Department at the time of undertaking the development of the land or
building; and in the case of a continuing offence, with a further daily fine
which may extend to fine equivalent to one percent of the value of the land
as fixed by the Registration Department for every day during which such
offence continues after conviction for the first commission of the offence.

(4) Any person, who obstructs the entry of a person authorized

under the provisions of the Act, to enter into or upon any land or building or
molests such persons after such entry, shall be punished with

imprisonment for a term which may extend to six months or with fine which
may extend to ten thousand rupees, or with both.

**115. Power to require removal of unauthorized development:**

(1) Where any development of land or construction of building has

been commenced or is being carried on or has been completed as indicated
in sub-section (1) of section 114, the Commissioner, may, subject to the
provisions of this section, serve on the owner a provisional order requiring
the person to demolish such unauthorized construction or re-construction
or work or development within a period specified to bring such construction


-----

or re-construction of the building or work in conformity with the provisions
of the Act or as per sanctioned development permission or Rules or Bye-laws
made there under and may also direct that until the said order is complied
with, the concerned person shall refrain from proceeding with such
development or construction or re-construction of the building or work:

Provided that, where the order requires the discontinuance
of any use of land, the Commissioner shall serve the order
on the occupier also.

(2) The Commissioner shall serve copy of the provisional order

made under sub-section (1) on such person mentioned in sub-section (1)
with an order requiring him to show cause within a reasonable time to be
specified in such order as to why the order should not be confirmed.

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

the satisfaction of the Commissioner, the Commissioner may confirm the
order with such modification as he thinks fit and serve the Confirmation
Order on such person and such order shall be binding on such person; and
such person shall be liable for carrying out the orders of the Commissioner
within the period specified in such confirmation order.

(4) If within the period specified in such confirmation order, the

orders contained therein are not carried out by such person, the
Commissioner may demolish such unauthorized construction or

reconstruction or work and the expenses thereof shall be recoverable from
the said person.

(5) No compensation shall be claimed by any person for any

damage which he may sustain in consequence of the removal of any
development or the discontinuance of the development.

(6) The provisions of this section shall be in addition to and not in

derogation of any other provision relating to stoppage of building operation
contained in any other law for the time being in force.

(7) Any person aggrieved by an order of the Commissioner made

under sub-section (3) may, within fifteen days from the date of receipt of the
order, prefer an appeal against the order to the Tribunal appointed under
section 118 of the Act.

(8) Where an appeal is preferred under sub-section (7) against an

order made under sub-section (3), the Tribunal may stay the enforcement of
the order on such terms, and for such period, as it may think fit;


-----

Provided that where the construction or re-construction of

the building or the execution of the work has not been
completed at the time of the order made under sub-section
(3), no order staying the enforcement of the order made
under that sub-section shall be made by the Tribunal
unless a surety, sufficient in the opinion of the said
Tribunal, has been given by the appellant for not
proceeding with such construction or re-construction or
work pending the disposal of the appeal.

(9) Save as provided in this section, no court shall entertain any

suit, appeal, application or other proceeding for injunction or other relief
against the Commissioner to restrain him from taking any action or making
any order in pursuance of the provisions of this section.

(10) Every order made by the Tribunal on appeal and, subject to

such order, the order made by the Commissioner under sub-section (3) shall
be final and conclusive.

(11) Where no appeal has been preferred against an order made by

the Commissioner under sub-section (3) or where an order under that subsection has been confirmed on appeal, whether with or without modification,
the person against whom the order has been made shall comply with the
order within the period specified therein, or as the case may be, within the
period, if any, fixed by the Tribunal on appeal, and on the failure of such
person to comply with the order within such period, the Commissioner may
himself cause the building or the work to which the order relates to be
demolished and the expenses of such demolition shall be recoverable from
such person as an arrear of property tax under the Act.

**116. Power to stop unauthorized development:** (1) Where any
development of land or construction of building as stated in sub-section (1)
of section 114 is being carried out but has not been completed, the
Commissioner may serve on the owner and the person carrying out the
development, an order requiring the development of land to be discontinued
from the time of the service of the order; and thereupon, the provisions of
sub-sections (1) to (4) of section 115 shall so far as may be applicable apply
in relation to such order, as they apply in relation to the order under section
115.

(2) Any person, who continues to carry out the development of

land, whether for himself or on behalf of the owner or any other person,
after such order has been served shall, be punished with a fine equivalent to
twenty percent of the value of the land as fixed by the Registration


-----

Department at the time of undertaking the development of the land or
building, and in the case of a continuing offence with a further daily fine
which may extend to fine equivalent to one percent of the value of the land
as fixed by the Registration Department for every day after the date of the
service of the order during which the non-compliance has continued or
continues.

(3) Where such developments are not discontinued in pursuance of

the order under sub-section (1), the Commissioner or the officer of the
authority or the competent authority as the case may require any police
officer to remove the person by whom the development has been commenced
and all his assistants and workmen from the place of development within
such time as may be specified in the requisition and such police officer shall
comply with the requisition accordingly.

(4) It shall be lawful for the Authority or the Commissioner, as the

case may be, at any time, before or after making an order for the removal or
discontinuance of any unauthorized development or construction under the
provisions of the Act, to make an order directing the sealing of such
development or property or taking the assistance of the police, for the
purpose of carrying out the provisions of the Act.

(5) Where any development or property has been sealed, the

Authority or the Commissioner, as the case may be, may, for the purpose of
removing or discontinuing such development or property, order such seal to
be removed.

(6) Any person aggrieved by an order an order of the Commissioner

made under sub-section (4) may, within seven days from the date of the
order, prefer an appeal against the order to the Tribunal appointed under
section 118.

(7) Where an appeal is preferred under sub-section (6) against an

order made under sub-section (4), the Tribunal may stay the enforcement of
the order on such terms, and for such period, as it may think fit.

(8) Save as provided in this section, no court shall entertain any

suit, appeal, application or other proceeding for injunction or other relief
against the Commissioner to restrain him from taking any action or making
any order in pursuance of the provisions of this section.

(9) Every order made by the Tribunal on appeal and, subject to

such order, the order made by the Commissioner under sub-section (4) shall
be final and conclusive.


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(10) Where no appeal has been preferred against an order made by

the Commissioner under sub-section (4) or where an order under that subsection has been confirmed on appeal, whether with or without modification,
the Commissioner shall take action to implement the order made under subsection (4).

(11) No person shall remove such seal except under an order made

by the Authority or the Commissioner.

**117. Recovery expenses incurred:**

Any expenses incurred by the Commissioner under sections 115 and

116 of the Act shall be a sum due to the Authority under the Act from the
person in default or the owner of the plot.

**118. Constitution of building tribunal:** (1) The Government shall

appoint a Building Tribunal or Tribunals (hereinafter referred to as ‘the
Tribunal’) to hear and decide appeals arising out of matters referred to in
sections 114, 115, and 116 and to adjudicate the offences relating to
contravention of provisions of the Act in accordance with such procedure,
and to realize such fees as fines in connection with such appeals as may be
prescribed.

(2) The Tribunal shall consist of a Chairman and such number of

other members, not exceeding six as the government may determine. The
members shall consist of judicial and technical members.

(3) The Chairman may constitute one or more benches, each bench

comprising of at least two members, one of whom shall be a judicial member
and another technical member.

(4) The Chairman or the judicial member shall be a person who is

or has been a member of the Andhra Pradesh State Judicial Service, having
such experience as may be prescribed.

(5) A technical member shall be a person who is working or retired

in the cadre of Director of Town and Country Planning in Andhra Pradesh
Town Planning Service.

(6) The Chairman and other members of the Tribunal shall be

appointed by the government for such period and on such terms and
conditions, as the government may determine and shall be paid from the
Development Fund.

(7) The government may, if it thinks fit, remove for reasons of

incompetence or misconduct or for any other compelling or sufficient reason
the Chairman or any other member of the Tribunal.


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(8) The Tribunal shall have an establishment consisting of such

officers and employees, appointed on such terms and conditions, as may be
prescribed, and the expenses of the Tribunal shall be paid out of the
development fund.

(9) The provisions of Part II and III of the Limitation Act 1963

(Central Act No.36 of 1963.) relating to appeal shall apply to every appeal
preferred under this section.

(10) No court shall have jurisdiction in any matter for which

provision is made in this Chapter for appeal to the Tribunal.

**CHAPTER XII**

**PROVISIONS RELATING TO LEVY,**

**ASSESSMENT AND RECOVERY OF FEE**

**AND CHARGES**

**119. Levy of development charges, -** (1) Subject to the provisions of the
Act and rules made there under, the Authority shall levy a charge,
hereinafter called development charge on, 
(a) the change of use of land or building or both;

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

(2) The rates of development charges, their manner of assessment and

recovery shall be such as may be prescribed.

(3) Notwithstanding anything contained in sub-section(1) no

development charges shall be levied, in case of operational construction
undertaken by the Central Government Departments and the State
Government Departments.

**120. Assessment and recovery of development charges, - (1) Any person**
who intends to carry out any development or institution of any use or charge
of use of any land or building for which permission is required under the
Act, whether he has applied for such permission or not, and any person who
commenced or carrying out such development or instituted or changed any
such use shall apply to the Commissioner, within such time and in such
manner as may be prescribed, for the assessment of development charges
payable in respect thereof.

(2) The Commissioner shall after receipt of any application for

Development permission or I no such application is made, serve a notice on
the person liable to such payment, intimate in writing the development
charges to be levied and fix a date by which such payment shall be made.


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(3) The development charges payable in respect of any land and / or

building b any person shall be a first charge on such land and /or building,
subject to the condition that there s no change in use or activity or additions
or extensions in which case fresh development charges are applicable.

(4) The Commissioner may allow the development charges to be

remitted in phase-wise manner in case of phase-wise development, subject
to the payment of the development charges as per the prevailing rates as on
the date of release of phase-wise permission.

(5) The development charges including the penal interest for the

delayed payment up to the date of realization shall be collected from such
person or his successor-in-interest in such land and/or building as arrears
of land revenue. For calculating the panel interest, such interest rates as
being levied by the State Bank of India shall be adopted.

**121. Levy of user charges, -** (1) In order to recover fully or partly, the
capital and operational and maintenance expenditures incurred or likely to
be incurred for the provision of utilizes, amenities, services or facilities,
including external trunk and other infrastructure provided by the Authority,
the Authority may levy and collect a charge from the users, hereinafter
called the user charges.

**122. To levy specific cess for capital infrastructure project, -** The
Authority may levy specific cess for the implementation of specific capital
infrastructure projects and upon such terms and conditions as may be
prescribed.

**123. To levy betterment charge or impact fee etc., to capture value, -**
(1) The Authority may levy a betterment charge or impact fee or Urban
Infrastructure Fee as prescribed to capture some share of the increase in
valuation that is likely to accrue to land owners due to a new development
proposed or implemented by the Authority or Government or a third party.

(2) The Authority may also levy the special impact fee in addition to

the other fee and charges on the developments within the vicinity areas of
the Land Pooling Scheme or Town Planning Scheme or new road formation
or any other development proposed or implemented.

**CHAPTER XIII**

**LAND AND PROPERTY RELATED PROVISIONS**

**124.Acquisition of Property by the Authority, -** The Authority may
acquire any movable or immovable property by purchase, exchange, gift,


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lease, mortgage, negotiated settlement, or by any other means permissible
under any law.

**125. Acquisition of Land by Negotiated Settlement, - The Authority may**
acquire land by mutual agreement by paying such amount and also on such
other terms and conditions as may be agreed upon through negotiated
settlement in such manner as may be prescribed.

**126. Power to Acquire Land under Act No.30 of 2013, -** Any land
required, reserved or designated in any development plan shall be deemed to
be the land needed for public purpose within the meaning of the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 and may be acquired by the Government on the
request by the Authority or other authority or functional unit.

**127. Creation and Management of Land Development Bank, -** The
Authority shall create and maintain Capital Region Land Development Bank
in which all lands acquired, allotted, purchased or obtained through any
mode shall be maintained, protected and used for the furtherance of the
objectives of the Act.

**128. Transfer of Government Land to the Authority, - (1) The Authority**
shall have the first right of alienation of Government lands within the capital
region and such land which may be required by the Authority shall be
transferred to the Capital Region Land Development Bankj.

(2) The Government by specific order and on such terms and

conditions as may be agreed upon between the Government and the
Authority, place at the disposal of the Authority any developed and
undeveloped Government lands situated within the capital region for the
purpose of development.

(3) Any lands assigned by Government may be taken over by the

Authority as per prescribed procedure for undertaking development schemes
or for development public utilities, amenities and facilities upon payment of
compensation decided by the District Collector.

**129. Acquisition of Land by Transferable Development Rights, -** The
Authority may, with the consent of the owner, acquire land for public
purposes, for providing infrastructure, amenities and facilities by way of
according Transferable Development Rights through issue of Development
Right Certificate in lieu of payment towards cost of land in such of manner
as may be prescribed.

Provided that the Transferable Development Tights may be arrived at on the
basis of relative land values and equivalent amount of both export and
import areas as per the Registration Department records. Such
Transferable Development Right may be utilized as additional built space by
the owner who can use this either by himself or transfer it to any other
person in full or in part for use in a less developed area as prescribed, or


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offset the money against the fees and charges payable for development
permission all other rules and standing orders governed for construction of
buildings.

**130. Disposal of Land and Other property by the Authority,-** Any land
acquired by the Government and transferred to the Authority or any
Government land alienated to the Authority, with or without development
thereon, or any other immovable property belonging to the Authority, may
be disposed of by the Authority in accordance with standing orders made for
the purpose in this behalf.

**CHAPTER XIV**

**MISCELANEOUS**

**131. Authority’s Symbol, - (1) The Authority shall have the exclusive right**
to the use of such symbol or representation as it may select symbol or
representation as it may select or devise (referred to in this section as the
Authority’s symbol) and thereafter display or exhibit in connection with its
activities or affairs.

(2) A person who without the permission of the Authority uses a

symbol or representation identical with that of the Authority’s symbol, or
which so resembles the Authority’s symbol as to or be likely to deceived or
cause confusion shall be guilty of an offence and shall be liable on
conviction to a find not exceeding Rs.10,000 or to imprisonment for a term
not exceeding 6 months or to both.

**132. Furnishing of information, -** (1) The Authority or any employees
thereafter authorized by the Authority in that behalf may, for the purpose of
obtaining statistical information, by notice, in the manner given in section
133, require any person to furnish to the Authority or the employee so
authorized, within such period as shall be specified in the notice, all such
particulars or information relating to all such matters as may be required by
the Authority and as are within knowledge of that person or in his custody
or under his control.

(2) Any person who on being required by notice under this section to

furnish may particulars or information, 
(a) willfully 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

(b) willfully 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 Rs.10, 000 or imprisonment for a term
not exceeding 6 months or to both.

(c) Noting in this section authorizes the Authority, or
any employee thereof authorized by the Authority
in that behalf, to require the any Government
Department to furnish to the Authority or the
employee so authorized any particulars or

information in the possession of the department
obtained in the performance of any of its functions.

**133. Service of notice, -** (1) Subject to sub-section (5), a notice may be
served in the following manner;

(a) in the case of an individual,
(i) by delivering it to the individual personally, 
(ii) by leaving it with an adult person apparently
resident 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;

(iii) by leaving it with an adult person apparently
employed at, or by sending it by pre paid registered
post to, the usual or last known address of the place
of business of the individual;

(iv) by affixing a copy of the notice in the conspicuous
place at the usual or last known address of the place
of residence or place of business of the individual; or

(v) 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;

(b) in the case of a partnership other than a limited liability

partnership,
(i) by delivering it to any one of the partners or the
secretary or other like officer of the partnership;

(ii) by leaving it at, or by sending it by pre paid
registered post to, the principal or last known place
of business o the partnership of India;

(iii) by sending it by facsimile transmission to the fax
transmission number operated at the principal or


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last known place of business of the partnership in
India;

(iv) by electronic communication, 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

(c) in the case of any limited liability partnership or nay other

body corporate, 
(i) by delivering it to the secretary or other like office
of the body corporate or, in the case of a limited
liability partnership, the manner 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 or which the notice
relates;

(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;

(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

(iv) by electric communication, 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.

(2) If the person on whom service is to be effected has an agent within

India, the notice may be delivered to the agent.

(3) Any notice which is to be served on the occupier of any premises,
(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 by
delivered, by affixing the notice to te conspicuous
part of the premises; and


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(b) shall be deemed to be property address if
addressed by the description of the occupier of the
premises without further name or description.

(4) Where any notice is required to be served on any person is,
(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 property addressed, stamped and posted
by registered post;

(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;

(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 address on
the day of transmission, subject to receipt on the
sending facsimile machine of a notification 9by
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

(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.

(5) Service of any notice under this section on a person by electronic

communication may be effected only if the person gives part of his or its
address for service an email address.

**134.** **Powers and duties of police officers, -** (1) The Commissioners of
Police or Superintendents of Police in the capital region shall provide
necessary aid to the Commissioner for carrying into effect and enforcing the
provisions of this Act and for the maintenance of good public order.


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(2) On receipt of complaint for the Authority any police office, any

arrest any person who commits in his view any offence against this Act or
against any rule, regulation or standing order made thereunder.

(3) No person so arrested shall be detained in custody without the

order of the nearest Magistrate for a period longer than twenty four hours
from the time of arrest exclusive of the time necessary for the journey from
the place of arrest tot eh court of such Magistrate.

(4) It shall be the duty of all police officers, to give immediate

information to the Commissioner of the commission of, or the attempt to
commit any offence against the Act or any rule, regulation or standing order
made thereunder and to assist all employees of the Authority in the exercise
of their lawful authority.

**135. Effect of other laws, - (1) Notwithstanding anything contained in the**
Andhra Pradesh Town Planning Act, 1920 or Greater Hyderabad Municipal
Corporation Act, 1955 or the Andhra Pradesh Municipalities Act, 1965, or
the Andhra Pradesh Urban Areas (Development) Act, 1975 or Vijayawada
Municipal Corporation Act, 1981 or Andhra Pradesh Municipal

Corporations Act, 1994 or any other law, the provisions of this Act shall
have an over-ridding effect over all such laws. This Act is in addition, but
not derogatory to other laws.

(2) Development permission, No Objection Certificate or other

clearances given under the Act shall be construed to be for the purpose of
planned development and shall in no way either confer ownership rights
under the relevant laws or affect ownership under the land revenue laws.
The Authority shall sand absolved of any ownership disputes or
discrepancies.

(3) Once development permission is given, the right to develop the

land in that way can be exercised by anyone acquiring and occupying the
land and is not restricted to the person making the application unless a
specific condition is incorporated in the grant of the development
permission.

(4) Notwithstanding anything contained in any other law,
(a) When permission for development in respect of
any land (for layout or sub-division of plot or
construction) or building or institution or change of
use any land Act, such development shall not be
deemed to be unlawfully undertaking 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.

(b) When permission for development in respect of
any land (for layout or sub-division of plot or
construction) or building or institution or change of


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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.

**136. Public Notice how to be made known, -** Every public notice given
under the Act or rules or standing orders made there under shall be in
writing and shall be widely made known in the locality to be affected hereby
affixing copies thereof to conspicuous public places within the said locality
by publishing it in the official web portal of the Authority, and by
advertisement in one or more local newspapers.

**137. notices, etc to file reasonable time, -** Where any notice, order or
other document issued or made under the Act or any rule or standing order
made thereunder require anything to be done for the doing of which no time
is fixed in this Act or rule or standing order made thereunder, the notice,
order or other document shall specify a reasonable time for doing the same.

**138. Obstructing officers of Authority, -** Any person who obstructs or
molests or hinders an officer or agent of the Authority acting in the
discharge of his duty under this Act or any regulations made thereunder
shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding Rs.10,000/- or to imprisonment for a term not exceeding 3
months or to both.

**139. Prosecution Magistrate’s Power etc., -** (1) No prosecution for any
offence punishable under this Act shall be instituted except with the
previous sanction of the Commissioner.

(2) No Court inferior to that of a Magistrate of the first class shall try

an offence punishable under this Act. Any proceedings in respect of an
offence under this Act or any regulations made thereunder shall be tried
summarily.

(3) Notwithstanding anything contained in section 32 of the Code of

Criminal Procedure, 1973 (Act No.11 of 1974), it shall be lawful for any
court of a Magistrate of the first class to pass any sentence authorized by
this Act in excess of its power under the said section.

**140. Exclusion of liability for errors or omissions in information**
**supplied, -** Where the Authority provides a service to the public whereby
information is supplied to the public on payment of a prescribed fee, neither
the Authority nor any of its employees involved in the supply of such
information shall be liable for any loss or damage suffered by members of
the public by reason of any error or omission of whatever nature appearing
therein or however caused if made in good faith and in the ordinary course
of the discharge of the duties of such employees.


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**141. Offence by body corporate, - Where an offence under this Act or any**
regulations made there under is committed by a body corporate and it is
proved to have been committed with the consent or connivance of or to be
attributable to an act or default on the part of a director, manager, secretary
or other similar officer of by body corporate, or a person who was purporting
to act in any such capacity, he, as well as the body corporate, shall be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.

**142. Fines to be paid to Authority, -** All fines imposed for an offence
under this Act or any regulations made there under shall be paid into the
development fund of the Authority.

**143. Compounding of offences, -** (1) The Authority may, in its direction,
compound any offence under this Act or any regulations made there under
which is prescribed as a compoundable offence by collecting from a person
reasonably suspected of having committed the offence a sum not exceeding
Rs.5,000.

(2) On payment of such sum of money, no further proceedings shall be

taken against that person in respect of the offence.

(3) The Authority may, with the approval of the Government, make

regulations to prescribe the offences which may be compounded.

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

**144. Exemption, -** (1) Notwithstanding the provisions of this Act, the
Government may by order exempt any person or class of persons from all or
any of the provisions of this Act.

(2) Any order made under this section shall be presented to State

Legislature as soon as possible after publication in the official Gazette.

**145. Interpretation of the Act, - When any difference of opinion arises in**
regard to any interpretation of the provisions of the Act or the rules or
standing orders made thereunder or any other law and the interpretation
and the decision of the Government thereon shall be final.

**146. Bar of Legal Proceeding, -** No suit, prosecution or the proceeding
shall lie against the Government or Authority or officer or person for any act
done or purporting to be done under or in pursuance of the Act or the rules
or standing orders made there under.

**147. Boundary to be out of jurisdiction and cessation of powers of local**
**bodies in the capital region, -** On the constitution of the Authority
administration to the extent relating to the provisions made in the Act shall
cease to be under the control and jurisdiction of a Local body.

**148. Periphery area of the capital region, -** (1) The Government may, by
Notification, in the manner as prescribed, declare such of the outer area
adjacent to the capital region, consisting of such villages or at a distance


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specified along the boundary of the capital region, to be the periphery area
of the Authority as it deems fit.

(2) On declaration of an area under sub-section1) as a periphery

area,
(a) The Capital Region Development Authority

constituted under the Act shall also be Authority for
the periphery area; and

(b) The powers and functions of the Authority, the
Executive Committee and the Commissioner shall
extend to the periphery area.

**149. Dissolution of the authority by the government, -** (1) Where the
Government are satisfied that the purpose for which an Authority is
constituted under the Act, has been substantially achieved so as to render
the continued existence of the Authority in the opinion of the Government
unnecessary, the Government may by Notification, declare that the said
Authority shall be date as may be specified in the notification; and the
Authority shall be deemed to be dissolved accordingly.

(2) From the said date, 
(a) all properties, funds and dues which are vested
in or realizable by the Authority shall vest in, or be
realizable by the Government;

(b) all Government vacant lands placed at the
disposal of the Authority shall revert to the
Government;

(c) all liabilities which are enforceable against the
Authority shall be enforceable against the

Government; and

(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.

**150. Confidentially and intellectual property rights, - The confidentiality**
in respect of designs for execution of the project are confidential and the
Authority under this Act shall have exclusive Intellectual Property Rights
thereon.

**151. Delegation of powers by Government, -** The Government may, by
notification delegate one or more of its functions and powers specified in
sections starting from sections 61 to section 107 to the Authority.


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**152. Transitional provisions, -** The provisions set out in the Fourth

Schedule with respect to the transfer of assets, liabilities, functions and
employees of the former Authority, and transitional and savings provisions
in the Fifth Schedule shall have effect.


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**FIRST SCHEDULE**

**(see Section 5)**

**PROCEEDINGS OF THE AUTHORITY**

**1. Temporary Chairman or Vice-Chairman,-**

The Chairman may appoint Vice-Chairman to be temporary

Chairman or any member to be temporary Vice-Chairman during the
temporary incapacity from illness or otherwise, or during the temporary
absence from India of the Chairman or the Vice-Chairman, as the case may
be.
**2. Vacation of office of member, -**

The office of a member shall be vacated if the member becomes in any

manner disqualified for membership of the Authority.

**3. Disqualification from membership, -**

No person shall be appointed or shall continue to hold office as a

member if he,
(a) is mentally disordered and incapable of managing
himself or his affairs; or
(b) is an undischarged bankrupt or has made any
arrangement or composition with his creditors; or
(c) is convicted of an offence.

**4. Member’s interest to be made known,-**

(1) A member who is in any way, directly or indirectly, interest in

transaction or project of the Authority shall disclose the nature of his
interest at the first meeting of the Authority at which he is present after the
relevant facts have come to his knowledge.

(2) A disclosure under sub-section(1) shall be recorded in the minutes

of the meeting or the Authority and, after the disclosure, that member, 
(a) shall not take part in any deliberation or decision of
the Authority with respect to that transaction or
project; and
(b) shall be disregarded for the purpose of constituting
a quorum of the Authority for such deliberation or
decision.


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(3) No act or proceedings of the Authority shall be questioned on the

ground that a member has contravened this section.

**5. Meetings of Authority, -**

(1) The Chairman shall summon meetings as often as may be required

but not less than once in 3 months at such place within the jurisdiction of
the Authority and at such time as the Chairman may decide.

(2) The quorum at every meeting of the Authority shall be one-third of

the total number of members or 3 members, whichever is the higher.

(3) 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
an equality of votes, the Chairman or in his absence the Vice-Chairman
shall have a casting vote.

(4) The Chairman or in his absence the Vice-Chairman shall preside at

meetings of the Authority.

(5) The Authority may act notwithstanding any vacancy in its

membership.

(6) Subject to the provisions of this Act, the Authority 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.

**6. validity of acts of members, -**

The acts of a member shall be valid notwithstanding any defect that

may afterwards be discovered in his appointment or qualifications.

**SECOND SCHEDULE**

**(see Section 11 and Section 12)**

**POWERS OF THE AUTHORITY**

**1. Powers of the Authority, -**


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(a) To carry out or assist in carrying out any project in
connection with development of capital city and urban
development in capital region.

(b) To grant loans or advances to a company or
corporation carrying on or intending to carry on urban
development in capital region or having one or more of
its objects connected with or related to one or more of
the functions imposed on the Authority under this Act.

(c) To manage, control or supervise such company or
corporation by nominating directors or advisers or
otherwise collaborating with them or entering into
partnerships or any other arrangement for jointly
working with them.

(d) To approve plans.

(e) To enter into any joint venture or arrangement with
the Government for the sharing of revenues or
otherwise for the purposes of this Act.

(f) To subscribe to stocks, shares bonds or debentures
of a company or corporation,

(g) To acquire, hire, procure, construct, erect,

manufacture, provide, operate, maintain or repair
anything, whether movable or immovable, required by
the Authority for the purposes of this Act.

(h) To enter into contracts, covenants, bonds, deeds or
agreements or prepare documents of every kind for the
purposes of this Act.

(i) Subject to rule which may be made by the
Government under this Act, to impose such charges or
fees as the Authority may determine for the provision
of accommodation, services or works, or the use of
buildings, recreational grounds, equipment, amenities
or facilities provided, maintained, controlled or

operated by the Authority.


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(j) To do anything for the purpose of advancing the skill
of persons employed by the Authority, or of the
efficiency of the equipment of the Authority, or of the
manner in which that equipment is operated, including
the provision by the Authority and the assistance of
the provision by orders or facilities for training,
education and research.

(k) To provide house, hostels and other like

accommodation, including convalescent or holiday
house, club houses and playing fields, for persons
employed by the Authority.

(l) To make or guarantee loans to any person employed
by the Authority for the purpose of purchasing a
vehicle, building a house, purchasing a plot of land on
which to build a house or purchasing a house for the
use of that person or for the residential use of his
family.

(m) To award scholarships or to give loans to any
employee of the Authority or any member of his family
for purposes specifically approved by the Authority.

(n) To approve the schedule of taxes of various
categories by whatsoever name known as well as the
annual budget for capital region.

(o) Any other decision or acts which are in consonance
with the purposes of this Act.

**2. Powers of the Executive Committee, -**

(a) to vet the schedule of taxes of various categories by
whatsoever name known and the annual budget.

(b) to study and approve all matters relating to
development fund, resource mobilization proposals,
financial structures, investment plans, and such other
matters before being placed before the Authority.


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(c) to associate with experts or organizations, public or
private, for assurance or advice on payment of less as
decided.

(d) to review performance of companies, SPVs or such
other joint venture entities formed under this Act.

(e) to scrutinize plans, development schemes, land
acquisition proposals and development regulations
before approval.

**3. Powers of commissioner, -**

(a) to execute all projects approved by Authority or
Executive Committee and take all day to day decisions
necessary for execution of projects;
(b) to prepare the agenda for the meetings of Executive
Committee and Authority;

(c) to setup Commissioner’s office with appropriate
number of persons;

(d) to prepare and scrutinize projects and investment
plans for any value and submit them for approval in
accordance with the provisions of this Act;

(e) to engage professional service providers and experts
in accordance with the provisions of this Act to help
implement the activities of the Authority;

(f) to review the operational progress of various
departments against project deliverables and initiatives
taken periodically.

(g) to arrange for delegation of the powers of the
Authority vested under this Act to the respective local
bodies and the staff working in the Authority duly
obtaining the approval of the Authority or Executive
Committee;


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h) to prepare annual budget for the Authority and
schedule of taxes of various categories by whatsoever
name known.

(i) to prepare the plans, land acquisition proposals or
development schemes and implement them after
approval.

(j) to conceptualise and prepare plans, procure
contractors, manage contracts and raise financial
resources for the development projects of the capital
city area;

(k) to ensure compliance of approved plans, schemes
and projects by the local bodies

(l) to issue directions to a body or department or
functional agency or person or special purpose vehicle
with regard to the implementation of any development
project or scheme financed under this Act, or
development regulations, or undertaking survey,

demarcation and development of roads, right-of-way
for facilities, protection of open spaces or amenities as
deemed fit, and any such Authority or person shall be
bound to comply with such directions;

(m) 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.

Provided if such person falls to carry out his
directions, it shall be competent for the Commissioner
to take necessary action to carry out the directions
issued under sub-section(2) and recover expenses, if
any incurred from the person/body concerned;

(n) to supervise and manage the urban civic and utility
services in the capital city area.

(o) to administer development fund in accordance with
the provisions of the Act, and


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(p) to undertake any other activity incidental or
necessary to further the interests of the authority, duly
recording the reasons thereto.


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**THIRD SCHEDULE**

**(See Section 35)**

**FINANCIAL PROVISIONS**

**1. The financial year of the Authority shall begin on 1st April of each year**
and end on 31st March of the succeeding year, except that the first financial
year of the Authority shall begin on the date of enactment and shall end on
31st March 2015.

**2. The Authority shall keep proper accounts and records of its transactions**
and affairs and shall do all things necessary to ensure that all payments out
of its moneys are correctly made and properly authorised and that adequate
control is maintained over the assets of, or in the custody of, the Authority
and over the expenditure incurred by the Authority.

**3. (1) The accounts of the Authority shall be audited by the Accountant-**
General or such other auditor as may be appointed annually by the
Government in consultation with the Accountant-General.

(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 (Act No.30 of 2013).

**4. The remuneration of the auditor shall be paid out of the funds of the**
Authority.

**5. The Authority shall, as soon as practicable but not later than 31[st] July in**
every year, prepare and submit the financial statements in respect of the
preceding financial year to the auditor who shall audit and report on them.

**6.  (1) The auditor shall his report state,-**

(a) whether the financial statements show fairly the
financial transactions and the state of affairs of the
Authority;

(b) whether proper accounting and other records have
been kept, including records of all assets of the
Authority whether purchased, donated or otherwise;

(c) whether the financial statements are prepared on a
basis similar to that adopted for the preceding year;


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(d) whether the financial statements are in agreement
with the accounting and other records;

(e) whether the receipts, expenditure, investment of
moneys, and the acquisition and disposal of assets by
the Authority during the financial year have been in
accordance with this Act; and

(f) such other matters arising from the audit as he
considers should be reported.

(2) The auditor shall send an annual report of his audit to the

Authority not later than 30[th] September in each year.

**7. The auditor may at any other time report to the Government through the**
Authority upon any matter arising out of the performance of his audit.

**8. 8. The Accountant-General or any person as may be appointed by him in**
connection with the audit of accounts of the Authority shall have the same
rights, privileges and authority in connection with such audit as the
Accountant-General has in connection with the State Government accounts
and in particular shall have the right to, at all reasonable times, full and free
access to all accounting and other records relating, directly or indirectly, to
the financial transactions of the Authority.

**9. The auditor or a person authorised by him may make copies of or extracts**
from any such accounting and other records.

**10. The auditor may require any person to furnish him with such**
information in the possession of that person or to which that person has
access as the auditor considers necessary for the purposes of his functions
under this Act.

**11. Any person who fails without any reasonable cause to comply with any**
requirement of the auditor under paragraph 10 or who otherwise hinders,
obstructs or delays the auditor in the performance of his functions under
this Act shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding Rs.10,000 and, in the case of a continuing offence, to a
further fine not exceeding Rs.1000 for every day during which the offence
continues after conviction.


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**12. As soon as the accounts of the Authority and the financial statements**
have been audited in accordance with the provisions of this Act but not later
than 30th September in each year, a copy of the audited financial
statements signed by the Commissioner and certified by the auditor,
together with a copy of any report made by the auditor, shall be submitted
to the Government.

**13. Where the Accountant-General is not the auditor of the Authority, a**
copy of the audited financial statements and any report made by the auditor
shall be forwarded to the Accountant-General at the same time they are
submitted to the Authority.

**14. The Government shall as soon as practicable cause a copy of the**
audited financial statements and of the report of the auditor to be presented
to State Legislature.

**FOURTH SCHEDULE**

**(See Section 152)**

**TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS AND EMPLOYEES**

**1.** **Dissolution of former Authority.**

As from the date of enactment of the Act, the former Authority shall

cease to exist.

**2.** **Transfer of assets and liabilities.**

As from the date of enactment of the Act all the lands, buildings and

other property movable and immovable, vested in the former Authority
immediately before that date and all assets, rights and interests vested in,
and all outstanding debts, liabilities and obligations incurred by, the former
Authority in connection therewith, shall be transferred to and shall vest in
the Authority without further assurance.

**3.** **Existing agreements, etc.**

All deeds, bonds, agreements, instruments and working

arrangements, subsisting immediately before the date of enactment of the
Act, affecting any of the property, rights, interests, liabilities and obligations
transferred to or vested in the Authority under this Act shall continue in
force on and after that date and shall be enforceable by or against the
Authority as if, instead of the former Authority or a person acting on behalf


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of the former Authority, the Authority had been named therein or had been
a party thereto.

**4. Pending legal proceedings.**

(1) Any proceedings or cause of action pending or existing immediately

before the date of enactment of the Act by or against the former Authority or
any person acting on its behalf, may be continued and shall be enforced by
or against the Authority.

(2) Sub-para (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
former Authority.

**5. Transfer of employees.**

(1) As from date of enactment of the Act, every person who

immediately before that date is employed by the former Authority, may be
transferred to the Authority subject to the satisfaction of the Authority of
such persons possessing the required skills and experience.

(2) Notwithstanding any thing contained in sub-para (1), 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.

**6. Conditions of service, -** (1) Until such time as terms and conditions of
services 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.

(2) 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 terms or condition relating to the length of service
with the Authority shall provide for the recognition of service under the
former Authority by the person so transferred to be service by them under
the Authority.


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**7. Pension benefits, - (1) 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.

(2) 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.

**8. Continuation and completion of disciplinary proceedings, - (1) Where**
on the date of enactment of 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.

(2) For the purposes of completing a hearing or investigation before it,

or making an order or rendering a decision on a matter heard orinvestigated 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.

(3) Any order, rule or direction made or given by the former Authority

pursuant to this schedule shall be treated as an order or direction of the
Authority and have the same force of effect as if it had been made or given
by the Authority pursuant to the authority vested in the Authority under
this Act.


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**9. Misconduct or neglect of duty by employee before transfer, -** The
Authority may reprimand, reduce in rank, retire, dismiss or punish in some
other manner a person who had, whilst 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.

**FIFTH SCHEDULE**

**(See Section 152)**

**TRANSITIONAL AND SAVINGS PROVISIONS**

**1. First chief executive. The first chief executive of the Authority shall be**
the person who, immediately before the date of enactment of the Act, is
appointed to perform the duties of the Special Commissioner of the capital
city.

**2. Projects of former Authority. Every proposal, plan and project**
submitted by the former Authority before the date of enactment of the Act
and which have neither been approved nor rejected by the Government
under the relevant Act shall be deemed to have been lapsed.

**3. Annual report. (1) Notwithstanding the provisions of this Act, the former**
Authority shall, for the purposes of preparing and furnishing to the
Government a report of its functions under the relevant Act (referred to in
this paragraph as the annual report), continue in existence until it has
furnished that report.

(2) The former Authority shall, as soon as practicable after the date of

enactment of the Act, prepare and furnish to the Government an annual
report for the period that commenced on 1st April 2014 and ending
immediately before date of enactment of the Act.

(3) The Government shall cause a copy of the annual report to be

presented to State Legislature as soon as practicable after receipt of the
annual report.

(4) The Authority shall provide the former Authority with such clerical

and other assistance as is reasonably required for the preparation of the
annual report.


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**4. Contracts, documents, etc. (1) Any scheme, contract, document,**
licence, consent or resolution prepared, made, granted, approved or issued
by or on behalf of the former Authority under any provision of the relevant
Act, shall, except as otherwise expressly provided in this Act or any other
written law, continue and be deemed to have been prepared, made, granted
or approved by the Authority.

(2) Where anything has been commenced by or on behalf of the former

Authority, before the date of enactment of the Act, such thing may be
carried on and completed by or under the authority of the Authority.

(3) In any written law and in any document, unless the context

otherwise requires, any reference to the former Authority shall be construed
as a reference to the Authority.

**5. Certain plans already prepared and sanctioned are deemed to have**
**been prepared and sanctioned under the Act.** (1) Any General Town
Planning Scheme prepared under the Andhra Pradesh Town Planning Act,
1920, or any other Statutory Development Plan or Master Plan prepared
under the Andhra Pradesh Urban Areas (Development) Act, 1975 or Andhra
Pradesh Municipalities Act, 1965 for the capital region and published by the
Local body or Urban Development Authority concerned and sanctioned by
the Government before commencement of the Act, shall continue to be in
force unless prepared afresh and superseded or revised under this Act.

(2) Any Detailed Town Planning Scheme prepared under the Andhra

Pradesh Town Planning Act, 1920, or any other Statutory Area Development
Plan or Zonal Development Plan prepared under the Andhra Pradesh Urban
Areas (Development) Act, 1975 or Andhra Pradesh Municipalities Act, 1965
for the total or part of the capital region and published by the Local body or
Urban Development Authority concerned and sanctioned by the Government
before commencement of the Act, shall continue to be in force unless
prepared afresh and superseded or revised under the Act.


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