The Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017.
**THE ANDHRA PRADESH TOURISM, CULTURE AND HERITAGE BOARD**

**ACT, 2017**

**ARRANGEMENT OF SECTIONS**

**SECTIONS**

**PART-I**

**PRELIMINARY**

1. Short title and Commencement
2. Definitions

**PART-II**

**CONSTITUTION OF BOARD, EXECUTIVE COMMITTEE, AUTHORITIES,**

**COMMISSIONS AND LOCAL COUNCILS**

3. Constitution of the Andhra Pradesh Tourism, Culture and
Heritage Board
4. Constitution of the Andhra Pradesh Tourism, Culture and
Heritage Executive Committee.
5. Appointment of other committees.
6. Constitution of Authority/Commission.
7. Appointment of other committees by the authority or Commission.
8. Constitution of Local Councils.
9. Common seal and execution of documents.

**PART-III**

**FUNCTIONS OF THE BOARD, AUTHORITIES AND COMMISSIONS**

10. Functions of the Board.
11. Functions of the Authorities or Commissions.

**PART IV**

**POWERS OF THE BOARD, AUTHORITIES, AND COMMISSIONS**

12. Powers of the Board.
13. Powers of Authority or Commission.
14. Powers of Government in relation to the Board.
15. Powers of delegation.

**PART V**

**STAFF PROVISIONS**

16. Director General of the Board.
17. Chief Executive of Authority.
18. Appointment of staff.


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**PART-VI**

**FINANCIAL PROVISIONS**

19. Payments to the Authorities or Commissions.
20. Establishment and administration of Fund.
21. Purposes of Fund.
22. Annual estimates.
23. Payments to the Authority or Commission.
24. Annual plan and report.
25. Pension and Provident Fund.
26. Expenditure Sanction
27. Other financial provisions.

**PART VII**

**MISCELLANEOUS**

28. Authority or Commission symbol.
29. Compounding of offences.
30. Recovery of financial penalties.
31. Service of notice.
32. Public Notice how to be made known.
33. Notices etc, to fix reasonable time.
34. Obstructing officers of Board, Authority or Commission.
35. Prosecution, Magistrate’s power etc.
36. Exclusion of liability for errors or omissions in information

supplied.

37. Offence by body corporate.
38. Bar of Legal proceeding.
39. Protection of acts done in good faith.
40. Members, Officers and Employees of the Authority or Commission

to be public servants.

41. Power to make regulations.
42. Power to make rules.
43. Exemption.
44. Interpretation of the Act.
45. Dissolution of the Board, Authority or Commission by the

Government.

46. Dissolution of erstwhile department.
47. Transitional provisions.
48. Repeal of Ordinance No. 6 of 2016.

**FIRST SCHEDULE**

**(see Section 3)**

**PROCEEDINGS**

1. Temporary Chairman or Vice Chairman
2. Vacation of office of member
3. Disqualification from membership


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4. Member’s interest to be made known
5. Meetings of Board
6. Validity of acts of members

**SECOND SCHEDULE**

**(See Section 27)**

**FINANCIAL PROVISIONS**

Nil

**THIRD SCHEDULE**

**(See Section 47)**

**TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS AND EMPLOYEES**

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

**THE ANDHRA PRADESH TOURISM, CULTURE AND HERITAGE BOARD**

**ACT, 2017**

**ACT No.4 of 2017**

(26[th] April, 2017)

**AN ACT TO PROVIDE FOR THE DEVELOPMENT AND PROMOTION OF**
**TOURISM, DEVELOPMENT OF ART AND CULTURE, AND CONSERVATION**
**AND PROMOTION OF HERITAGE IN THE STATE OF ANDHRA PRADESH,**
**AND TO ESTABLISH AN AUTONOMOUS BOARD AND AUTHORITIES TO**
**ACHIEVE THE ABOVE OBJECTIVES AND MATTERS CONNECTED**
**THEREWITH OR INCIDENTAL THERETO**

Be it enacted by Legislature of the State of Andhra Pradesh in the Sixty
eighth Year of the Republic of India as follows:

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**PART I**

**PRELIMINARY**

**1. Short title and commencement- (1) This Act may be called the Andhra**
Pradesh Tourism, Culture and Heritage Board Act, 2017.

(2) It shall be deemed to have come into force with effect on and from

the 31[st] October, 2016.

**2. Definitions- In this Act, unless the context otherwise requires, —**
(1) “Authority” means an Authority constituted under section 6;
(2) “Board” means the Andhra Pradesh Tourism, Culture and Heritage

Board constituted under section 3;

(3) “Chief Executive” means the Chief Executive of the Authority or

Commission appointed under section 17 and includes any acting Chief
Executive;

(4) “Commission” means the Commission constituted under section 6;

(5) “Company” means a body corporate registered under the Companies

Act, 2013(Act No. 30 of 2013) and includes a firm or association of individuals;

(6) “Constituent body” means any entity formed under sections 4 to 8;

(7) “Director - General” means the Director - General of the Board

referred to under section 16;

(8) “Erstwhile departments” means the department of Tourism, the

department of Culture, the department of Archaeology and such other
departments as may be notified from time to time, except the Administrative
departments in the Andhra Pradesh Secretariat;

(9) “Financial year” means a period of twelve months beginning on 1st

day of April and ending on the last day of the March of the succeeding year;

(10) “Fund” means a Fund established under section 20;

(11) “Government” means the State Government of Andhra Pradesh;

(12) “Local Body” means a Municipal Corporation constituted under the

respective Act, or a Municipality or a Nagar Panchayat constituted under the
Andhra Pradesh Municipalities Act, 1965 or a Gram Panchayat constituted
under the Andhra Pradesh Panchayat Raj Act, 1994 or any other body
constituted under the relevant Act to govern the urban services;

(13) “Notification” means a notification published in the Andhra Pradesh

Gazette and the word “notified” shall be construed accordingly;

(14) “Prescribed” means prescribed by rules made by the Government

under this Act;


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(15) “Regulations” means regulations made under section 41 of this Act;

(16) “Rules” means rules made under section 42 of this Act;

(17) “State” means the State of Andhra Pradesh;

(18) “Successor Authority” means an Authority constituted under this

Act in the place of an erstwhile department to perform its functions.

**PART-II**

**CONSTITUTION OF BOARD, EXCUTIVE COMMITTEE, AUTHORITIES,**

**COMMISSIONS AND LOCAL COUNCILS**

**3. Constitution of the Andhra Pradesh Tourism, Culture and Heritage**
**Board- (1) The State Government may by notification, constitute a body to be**
called the ‘Andhra Pradesh Tourism, Culture and Heritage Board’, for the
State.

(2) The Board shall consist of, —

(a) The Chief Minister - Chairman;

(b) Minister(s) for Tourism, Culture, and Heritage – Vice Chairmen;

(c) The Minister for Finance- Member;

(d) The Chief Secretary to Government - Member;

(e) The Director - General and Secretary to Government in charge of

Tourism and Culture – Member - Convener;

(f) The Secretary to Government, Finance department- Member;

(g) Two Secretaries to Government nominated by the Government 
Members;

(h) Chief Executive Officers of all the Authorities/Commissions created

under this Act - Members

(i) Four experts, who possess knowledge in tourism, culture and heritage

to be appointed by the State Government-Members; and

(j) Any other officer or expert whom the Board thinks necessary as

special invitee.

(3) The composition and reconstitution of Board resulting due to

vacancies/absence of its members and proceedings shall be as per the First
Schedule of this Act.


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(4) Subject to the general superintendence and control of the Board, the

management of the affairs of the Board shall vest in the Executive Committee;
and in the absence of an Executive Committee, the Director-General shall
perform the functions and exercise the powers of the Executive Committee.

**4.** **Constitution of the Andhra Pradesh Tourism, Culture and Heritage**
**Executive Committee-**

(1) The State Government may, Constitute an Executive Committee to be

called the ‘Andhra Pradesh Tourism, Culture and Heritage Executive
Committee’ in such manner as may be prescribed.

(2)  The Executive Committee shall consist of the following members:
(a) Director - General – Chairman

(b) Chief Executive Officer of Tourism Authority – MemberConvener

(c) All Chief Executive Officers of Authorities/Commissions –
Members

(d) Nominee of department of Finance – Member

(e) Three experts one each from the fields of Tourism, Culture

and Heritage nominated by the Board/Government –
Members.

(3) The functions, powers and other term of the Committee shall be as

such may be prescribed.


**5. Appointment of other committees-**


(1) The Board may from time to time appoint committees consisting of

such members as it thinks fit and associate with such committees 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 Board and
the Board may at any time alter the constitution of any committee so
appointed or rescind any such appointment. The Board shall nominate one of
the members as the Chairman of every such committee.

(3) The ‘Andhra Pradesh Tourism, Culture and Heritage Committee’,

headed by the Chief Secretary, with the prescribed functions and powers
including powers of delegation, may be constituted for coordinated
implementation of plans/ programs at the Government level with the following
members,

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(i)  Chief Secretary – Chairman;

(ii) Secretary to Government in charge of Tourism and Director-General

–  member;

(iii) Secretary to Government in charge of Finance Department – Member;

(iv)  Up to four Secretaries nominated by Chief Secretary – Members;

(v)  Chief Executive Officer, Tourism Authority – member-convener.

(4) An Executive Committee headed by the Director-General, with the

prescribed functions and powers including powers of delegation, may be
constituted.

**6. Constitution of Authority/Commission- (1) The State Government may**
constitute as many Authorities/Commissions as it may deem necessary
(hereinafter called as the ‘Authority’ or ‘Commission’ as the case may be), for
the purpose of carrying out the functions of the Board and delegate powers to
such Authorities or Commissions as may be prescribed.

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

powers, the State Government may constitute Authorities or Commissions for
performance of all or any of the functions of the Board including following
matters, namely,
(a) Tourism;

(b) Creativity and Culture;

(c) Heritage; and

(d) any other matter for which an Authority or Commission has

to be constituted.

(3) An Authority or Commission shall have a maximum of six members,

including a chairman, two official members, not more than two experts in the
related field, and a Chief Executive Officer who shall act as the MemberSecretary. The Director - General or Chief Executive Officer, as specified, shall
act as the Chairman of Authority or Commission, constituted for dealing with
matters at (a), (b) and (c) in sub section (2) under this section.

(4) The composition and reconstitution of the Authority or Commission

resulting due to vacancies/absence of its members and proceedings shall be as
per First Schedule of this Act.

(5) The Authority or Commission shall be a body corporate by the name

of the Authority or Commission, 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.


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**7.** **Appointment of other committees by the authority or Commission-**

(1) The Authority or Commission may from time to time appoint

committees consisting of such members as it thinks fit and associate with
such committees 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 or
Commission and the Authority or Commission may at any time alter the
constitution of any committee so appointed or rescind any such appointment.
The Authority or Commission shall nominate one of the members as the
Chairman of every such committee.

**8. Constitution of Local Councils- (1) The Government may constitute one**
or more local councils, (hereinafter called as the ‘council’), for a district or a
city or a region, for the purpose of carrying out the functions of the Board
and delegate the powers to such local councils as may be prescribed

(2) There shall be a District Tourism and Culture Council for each

district consisting of—

(a) District Collector- Chairperson;

(b)Four officials of whom one shall be a member-convener; and

(c) Not more than four experts nominated by the District

Collector;

(3) There shall be a City Tourism and Culture Council for

Visakhapatnam, Vijayawada, Tirupathi, Amaravati and such other cities
notified by Government, consisting of—

(a) Municipal Commissioner/Commissioner, Amaravati Capital

City Area- Chairperson;

(b) Four officials of whom one shall be a member-convener; and

(c) Not more than four experts nominated by the Municipal

Council;

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

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

Authority or Commission shall be affixed with the common seal of the
Authority or Commission, as the case may be, and every instrument to which
the common seal is affixed shall be signed by an officer of the Authority or


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Commission and shall be countersigned by a member of the Authority or
Commission or by some other person duly authorised by the Authority or
Commission for that purpose, and such signing shall be sufficient evidence
that such seal was duly and properly affixed.

(3) The Authority or Commission may by resolution or otherwise in

writing appoint an officer of the Authority or Commission, as the case may be,
either in general or in a particular case to execute or sign on behalf of the
Authority or Commission an agreement or other instrument in relation to any
matter concerned to the Authority or Commission.

**PART-III**

**FUNCTIONS OF THE BOARD, AUTHORITIES AND COMMISSIONS**

**10.** **Functions of the Board-**

(1) The functions of the Board shall be as may be prescribed in regard to

the following matters —

(a) tourism matters including planning, development, regulation,

notification/regulation/development control in special tourism
zones, tourism promotion, investment promotion and so on;

(b) creativity and culture matters including protection,

preservation, development, promotion, creating awareness and
enabling enjoyment of culture, art and creativity of Telugu
people;

(c) Heritage matters including protection, preservation,

conservation, promotion of understanding and enjoyment of
tangible and intangible heritage;

(d) Coordination between departments of Government such as-,

(i) facilitation of integrated planning with other departments;

(ii) resolving inter-departmental issues;

(iii) coordination and facilitation of infrastructure development

such as roads, water supply, electricity and so on relating to
other departments;

(iv) monitoring the implementation of infrastructure projects,

incentives and concessions; and


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(v) resolution of issues relating to pending clearances of other

departments of Government; and

(e) Any other function assigned to the Board by the Government

from time to time.

(2) Nothing in this section shall be construed as imposing on the Board,

directly or indirectly, any form of duty or liability enforceable by proceedings
before any court.

**11. Functions of the Authorities or Commissions-** (1) The Authorities or
Commissions constituted under this Act shall undertake the functions
specified under sub-section (1) of section 10, on behalf of the Board.

(2) In addition to the functions of the Board under sub-section (1), an

Authority or Commission may undertake such other functions as the
Government may assign and in so doing the Authority or Commission shall be
deemed to be fulfilling the purposes of this Act, and the provisions of this Act
shall apply to the Board and the Authority or Commission in respect of such
functions.

(3) The Board, Authorities or Commissions in performing their functions

shall represent the State.

**PART IV**

**POWERS OF THE BOARD, AUTHORITIES, AND COMMISSIONS**

**12. Powers of the Board- (1) Subject to the provisions of this Act, the Board**
may carry on such activities as appear to the Board 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 Board may
exercise one or more of the powers in regard to the following matters,
(a) tourism matters including planning and development,

notification of special tourism zones, development regulation in
special tourism zones, infrastructure development, registration
and classification of tourism enterprises/hotels/tour operators/
travel agencies, tourism promotion, tourist police for safety and
security of tourists, investment promotion, formulation and
implementation of incentive policy, research etc;

(b) creativity and culture matters including protection,

preservation, development, promotion, creating awareness and
enabling enjoyment of culture, art and creativity of Telugu
people;

(c) Heritage matters including protection, preservation,

conservation, regulation, of tangible or intangible heritage; and

(d) such other powers as may be prescribed.


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

powers, the Board may,

(a) supervise and issue directions to the Authorities or

Commissions formed under this Act;

(b) direct an authority/commission to produce any extract from

any of its proceedings or any other committee constituted
under this Act, record, correspondence or other document; or
to furnish any return, plan, estimate, statement, account or
statistics or to furnish or to obtain any report.

(c) approve the policy, financial, staffing and such other proposals

of the Authorities or Commissions;

(d) review performance of authorities, companies, special purpose

vehicles or such other entities formed under this Act;

(e) coordinate the activities and programs of all the authorities and

constituent bodies formed under this Act;

(f) fix annual performance targets and review performance of

authorities, companies, special purpose vehicles or such other
joint venture entities formed under this Act or otherwise;

(g) approve the annual budgets of the Authorities or Commissions;

(h)to accord sanction of expenditure to the

Authorities/Commissions constituted under this Act as per
annual budget approved;

(i) permit formation of companies, special purpose vehicles, joint

ventures, trusts and societies for meeting the objectives of this
Act;

(j) approve the annual budgets of the Authorities/ Commissions

constituted under this Act;

(k) associate with experts or organizations, public or private,

national or international, for assistance or advice upon
payment of fees as decided;

(l) send any officer or employee of the Board or Authority or

Commission to another state or country for capacity building or
collaboration or promotional activities;

(m) for purposes of functioning of the board, direct any Authority

or Commission: to make remuneration/ payments to the
members of the Board, to hire and provide required staff, to
provide office space, and to provide incidental office
expenditure/ material supplies/ office support;


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(n) accord permission for hiring skilled personnel at competitive

market rates;

(o) approve policies/ guidelines/ standards cutting across different

authorities;

(p) issue directions to the authorities or the constituent bodies or

persons with regard to the implementation of any development
project or scheme financed under this Act, and any such
authority or constituent body or person shall be bound to
comply with such directions;

(q) ratify the action taken by the officers and constituent bodies to

facilitate timely decision making;

(r) notwithstanding anything contained in any other law for the

time being in force, every such direction shall be complied with
by the person to whom it is issued:

Provided that if such person fails to carry out his directions, it
shall be competent for the Director General to take necessary
action to carry out the directions issued and recover expenses,
if any incurred from the person/body concerned;

(s) to undertake any other activity incidental or necessary to

further the interests of the Board, duly recording the reasons
thereto;

(t) sanction incentives for tourism projects;

(u) in the case of Public-Private-Partnership projects, it shall have

powers,
(1) to direct an Authority or Commission to conceptualise
projects, conduct feasibility studies, prepare detailed plans and
designs, authorise invitation of tenders, select successful
bidder, and appoint selected bidder; and

(2) to undertake Public-Private-Partnership projects without
reference to any authority established under any other Act for
the time being in force or any non-statutory body;

(v) allocate any land transferred to an Authority/ Commission on

sale or lease basis either for government or private or publicprivate-partnership tourism projects; and

(w) take any other decision or acts which are in consonance with

the purposes of this Act.

(3) The Board 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.


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(4) The Board 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).

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


Board conferred by or under any other law.


**13. Powers of Authority or Commission- (1) Subject to the provisions of this**
Act, an Authority or Commission may carry on such activities as appear to it
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, an Authority or Commission may exercise one or more of the
powers in regard to the following matters,

(a) Financial/ property related,

(i) to acquire, take on lease, hire, hold and enjoy movable

and immovable property and to convey, assign, surrender,
charge, mortgage, demise, transfer or otherwise dispose of,
or deal with, any movable or immovable property belonging
to the Authority or Commission upon such terms as the
Authority or Commission considers fit;

(ii) to sanction and execute infrastructure and other

works;

(iii) to conceptualise plans/ schemes and programs;

(iv) to enter into any contract or agreement for carrying

out the purposes of this Act;

(v) to receive, in consideration of the services rendered by

the Authority or Commission, such commission or payment
as may be agreed upon;

(vi) with the approval of the Government, to subscribe for

or  acquire any stock, share, bond, debenture or other
financial instrument in any company;

(vii) with the approval of the Board or Government —

[A] to enter into any joint venture with any person; or

[B] to form or participate in the formation of any company,

whether in India or elsewhere, for the purpose of carrying
out all or any of the functions of the Board;


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(viii) with the approval of the Government, to borrow money for
such of the purposes of the Authority or Commission as the
Authority or Commission may from time to time deem fit;

(ix) to dispose of capital assets and to use the proceeds from
such disposal as the Authority or Commission deems fit;

(x) to impose fees or any other charges it deems fit for carrying
out any of its functions;

(xi) to accept gifts, legacies or donations and apply them for one
or more of its functions; and

(xii) to exercise all powers and perform all duties which, under
any other written law, are or may be or become vested in or
delegated to the Authority or Commission;

(b) General matters:

(i) to undertake surveys, studies, research and training in

fields relating to its functions;

(ii) to enter into such negotiations and arrangements as the

Authority or Commission considers necessary for the
performance of its functions;

(iii) with the approval of the Government, to make regulations

for the establishment of any scheme for the payment of
superannuation benefits to such employees or classes of
employees as the Authority or Commission may determine,
on their death or retirement from the service of the
Authority or Commission or on their otherwise leaving the
service of the Authority or Commission;

(iv) to exercise all powers and perform all duties which, under

or by virtue of any other written law, may be vested or
delegated to it; and

(v) generally to do all such matters and things as may be

incidental to or consequential upon the exercise of the
Authority’s or Commissions powers or the discharge of its
duties under this Act.

(2) The Authority or Commission may, in addition to the powers vested

in it by sub-section (1), exercise such other powers as may be prescribed by
rules.


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(3) The Authority or Commission shall, when it is exercising powers

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

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


Authority or Commission conferred by or under any other law


**14.** **Powers of Government in relation to the Board- (1) The Government**
may give to the Board or its constituent bodies such directions, not
inconsistent with the provisions of this Act, as it thinks fit, as to the
performance of the functions of the Board under this Act, and the Board and
its constituent bodies shall give effect to all such directions.

(2) The Board and its constituent bodies shall furnish the Government

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

**15.** **Powers of delegation- The Board, Director-General, Authority,**
Commission, Chief Executive Officer and Council may delegate its powers and
direct that any power exercisable by it may also be exercised by any of the
following, in such cases and subject to such conditions, if any, as may be
specified therein.

(a) any authority subordinate to it;

(b) any of the officers or employees of the Board or its constituent

bodies;

(c) any of the officers or employees of a Local Body; and

(d) any special purpose vehicle or company of any Authority or

Commission.

**PART V**

**STAFF PROVISIONS**

**16.** **Director General of the Board- The Secretary to Government in charge**
of department of Tourism, Culture and Archaeology, shall be the DirectorGeneral of the Board

**17. Chief Executive of Authority-** (1) The Chief Executive Officer of an
Authority or Commission shall be appointed by the Government.

(2) The Chief Executive Officer shall receive such salary and other

allowances from the Fund as the Government may determine from time to
time.

(3) The Director- General, may grant from time to time leave of absence

and permission to travel within or outside the country, to the Chief Executive
Officer.


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(4) The Chief Executive Officer shall be responsible to the Authority or

Commission, as the case may be, for the proper administration and
management of the functions and affairs of the Authority or Commission in
accordance with the policy laid down by the Authority or Commission.

**18. Appointment of staff- (1) The Authority or Commission shall upon the**
recommendation of the Chief Executive Officer, from time to time-,

(a) create functional services departments and corporate services

departments with such names as it may determine within the
Authority or Commission with the approval of the Board;

(b) create such positions with such designations in the

departments as it may determine with the approval of the
Board;

(c) appoint such number of persons on such terms as to

remuneration, duration, designation or otherwise against the
positions created, as it may determine for effective performance
and discharge of its functions notwithstanding any prohibition
in any other Act with the approval of the Board; and

(d) initiate disciplinary action or terminate appointment or dismiss

the persons appointed and an appeal agaisnt such decision
shall lie to the Board.

(2) The Authority or Commission may make regulations, not

inconsistent with the provisions of this Act or of any other law, for the
appointment, promotion, dismissal, termination of service, disciplinary
control and terms and conditions of service of all persons appointed by
the Authority or Commission.

(3) The appointed staff shall work under the overall supervision

and control of the Chief Executive Officer.

(4) The staff shall be entitled to receive from the funds of the

Authority or Commission such remuneration and shall be governed by
such conditions of service, as may be determined by regulations made in
this behalf.

(5) The Director General may permit the Chief Executive Officer to

hire skilled persons and experts for periods not exceeding five years as
may be considered necessary, at competitive market rates, and permit
delegation of such functions and powers as determined by the
Authority/ Commission.

**PART-VI**

**FINANCIAL PROVISIONS**

**19. Payments to the Authorities or Commissions-**


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For the purpose of enabling the Authorities or Commissions to carry out

functions under this Act and any regulations made thereunder, the
Government may, from time to time, authorise the payment to the Authorities
or Commissions of such sums as it may determine.

**20. Establishment and administration of Fund-**

(1) There shall be established a fund for each Authority or Commission,

to be called by the prescribed name, which shall, subject to the directions of
the Government, be controlled and administered by the Authority or
Commission, as the case may be.

2) All moneys collected under this Act or any regulations made

thereunder and all moneys received by an Authority or Commission from any
source whatsoever shall be paid into the Fund.

(3) An officer of the Authority or Commission, authorized in this regard,

shall be responsible for day to day administration of the Fund on behalf of the
Authority or Commission, as the case may be.

**21. Purposes of Fund- The Fund shall be devoted to the following purposes:**

(a) the payment of the expenses of, or connected with, the

administration of the Authority or Commission; and

(b) the payment of all expenses necessary for carrying out the purposes

of this Act and any regulations made thereunder.

**22. Annual estimates. (1) The Authority or Commission shall every year**
cause to be prepared and shall adopt annual estimates of income and
expenditure of the Authority or Commission, as the case may be, for the
ensuing year.

(2) Supplementary estimates may be adopted by the Authority or


Commission at any of its meetings.


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

adoption by the Authority or Commission, as the case may be, be sent
forthwith to the Government under intimation to the Board.

(4) The Authority or Commission 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 or Commission shall be published in the Andhra
Pradesh Gazette.

**23.** **Payments to the Authority or Commission- (1) The Authority or**
Commission shall prepare its annual budget and submit the same to the
Government for inclusion in the state budget.


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(2) For the purpose of enabling the Authority or Commission to carry out

its functions under this Act and any regulations made thereunder, the
Government shall every year, authorise the payment to the Authority or
Commission of a lump sum grant and/or advance as it may agree to be
required by the Authority or Commission for carrying out any of its functions
under this Act, and may make such advances on such terms and conditions
as it may, after consultation, deem appropriate. Any such grant may be made
by the Government out of the Consolidated Fund of the State, and without
further appropriation other than this Act, by a government order.

**24. Annual plan and report- (1) The Authority or Commission 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 30 [th] September in each year
furnish to the Government and the Board 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.

**25. Pension and Provident Fund-**

The Authority or Commission shall direct its whole- time paid

members, officers and other employees to subscribe to a pension scheme
such as National Pension System regulated by the Pension Fund Regulatory
and Development Commission Act, 2013, (Central Act 23 of 2013) and such
provident fund as it may determine.

**26. Expenditure Sanction- (1) The powers of administrative sanction of**
expenditure shall be as follows subject to revision by the Board from time to
time.

(a) The Chief Executive Officer, Director General and Executive

Committee shall have power to sanction expenditure as may
be specified.

(b) Council shall have powers to sanction expenditure within the

budgetary amount allocated to it for the financial year by the
Authority or Commission or Government.

(2) The powers of technical sanctions for all works at sub-section (1)


shall be as follows.


(a) All works executed by the Authority or Commission shall be

technically sanctioned by an engineer of the Authority/
Commission designated in this regard by the Authority/
Commission or an independent engineer engaged for the
purpose, irrespective of the estimated amount.

(b) All works executed by a Council may be technically

sanctioned by any engineer as decided by the council
irrespective of the amount.


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(3) Appropriate tender committees may be formed by the Director

General or Chief Executive Officer or the Council, as the case may be, for
overseeing procurements at sub-section (1) and concluding the agreements.

**27.** **Other financial provisions- (1) The financial provisions set out in the**
Second Schedule shall have effect with respect to an Authority or Commission.

(2) A council shall be authorised to maintain an independent account,

for receipt and expenditure of moneys from the Fund, conforming to the
provisions of this Act.

**PART  VII**

**MISCELLANEOUS**

**28. Authority or Commission symbol- (1) Every Authority or Commission**
shall have the exclusive right to the use of such symbol or representation as it
may select or devise and thereafter display or exhibit in connection with its
activities or affairs.

(2) A person who without the permission of the Authority or Commission

uses a symbol or representation identical with that of the Authority or
Commission symbol, or which so resembles the Authority or Commission
symbol as to or be likely to deceive or cause confusion shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding ten thousand
rupees or to imprisonment for a term not exceeding six months or to both.

**29. Compounding of offences- (1) The Chief Executive Officer or any officer**
of the Authority or Commission authorised by him may, at his discretion,
compound any offence under this Act or any regulations made thereunder
which is prescribed as a compoundable offence by collecting from a person
reasonably suspected of having committed the offence a sum not exceeding the
lower of the following:

(a) one half of the amount of the maximum fine that is prescribed


for the offence;


(b) twenty thousand rupees.


(2) On payment of such sum of money, no further proceedings shall be


taken against that person in respect of the offence.


(3) All sums collected under this section shall be paid into the


Consolidated Fund of the State.


**30. Recovery of financial penalties- (1) Any person who fails to pay a**
financial penalty by the date he is required to do so under this Act shall be
liable to pay, after that date, interest on the amount unpaid at the same rate
as for a judgment debt.

(2) Any financial penalty and any interest thereon payable by any

person under this Act shall be paid to the Authority or Commission and shall


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be recoverable by the Authority or Commission as a debt due to the Authority
from that person.

(3) The Authority or Commission may, in any case it thinks fit, waive,

remit or refund, wholly or in part, any financial penalty or any interest thereon
payable under this Act.

(4) The Authority or Commission shall pay into the Consolidated Fund

of the State all financial penalties and interest thereon collected by the
Authority or Commission under this Act.

**31. 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 prepaid 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 prepaid 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 a 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 Board 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 prepaid registered post

to, the principal or last known place of business of the
partnership in India;

(iii) by sending it by facsimile transmission to the fax

transmission number operated at the principal or last
known place of business of the partnership in India; or

(iv) by electronic communication, by sending an electronic

communication of the notice to the last email address given
to the Board by the partnership as the email address for
the service of documents on the partnership; and


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(c) in the case of any limited liability partnership or any other
body corporate —

(i) by delivering it to the secretary or other like officer of the

body corporate or, in the case of a limited liability
partnership, the manager thereof, or to any person having,
on behalf of the limited liability partnership or other body
corporate, powers of control or management over the
business, occupation, work or matter to which the notice
relates;

(ii) by leaving it at, or by sending it by prepaid registered post

to the registered office or principal place of business of the
limited liability partnership or other body corporate in
India;

(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 electronic communication, by sending an electronic

communication of the notice to the last email address given
to the Board by the limited liability partnership or other
body corporate as the email address for the service of
documents on the limited liability partnership or body
corporate.

(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 be delivered, by affixing
the notice to a conspicuous part of the premises; and

(b) shall be deemed to be properly addressed 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 properly addressed, stamped and posted by
registered post;


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(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 addressed on the day of transmission, subject to receipt
on the sending facsimile machine of a notification (by
electronic or other means) of a successful transmission to
the place of residence or business or registered office or
principal place of business, as the case may be; and

(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 as part of his or its
address for service an email address.

(6) Any person who on being required by notice under this section to

furnish any particulars or information—

(a) wilfully refuses or without lawful excuse (the proof of which

lies on him) neglects to furnish the particulars or
information within the time specified in the notice; or

(b) wilfully furnishes or causes to be furnished any false

particulars or information in respect of any matter specified
in the notice requiring particulars or information to be
furnished, shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding rupees ten thousand or to
imprisonment for a term not exceeding six months or to
both.

(7) Nothing in this section authorises the Board, or any employee thereof

authorised by the Board in that behalf, to require the any Government
department to furnish to the Board or the employee so authorised any
particulars or information in the possession of the department obtained in the
performance of any of its functions;

**32. Public Notice how to be made known- Every public notice given under**
this 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 thereby affixing
copies thereof in conspicuous public places within the said locality, by
publishing it in the official web portal of the Authority or Commission, and by
advertisement in one or more local newspapers.


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**33. Notices etc, to fix reasonable time-** Where any notice, order or other
document issued or made under this Act or any rule or regulations made
thereunder requires anything to be done for the doing of which no time is fixed
in this Act or rule or regulations made thereunder, the notice, order or other
document shall specify a reasonable time for doing the same.

**34. Obstructing officers of Board, Authority or Commission-** Any person
who obstructs or molests or hinders an officer or agent of the Board, an
Authority or Commission 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 ten thousand rupees or to
imprisonment for a term not exceeding three months or to both.

**35. 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 Chief Executive Officer.

(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 Code of Criminal

Procedure, 1973, it shall be lawful for any court of a magistrate of the first
class to pass any sentence authorised by this Act, in excess of its power under
the said section.

**36. Exclusion of liability for errors or omissions in information supplied-**

Where the Board provides a service to the public whereby information is

supplied to the public on payment of a prescribed fee, neither an Authority/
Commission 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.

**37.** **Offence by body corporate-**

Where an offence under this Act or any regulations made thereunder 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 the 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.


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**38. Bar of Legal proceeding-**

No suit, prosecution or the proceeding shall lie against the Government

or Board or Authority or Commission or officer or person for any act done or
purporting to be done under or in pursuance of this Act or the rules or
regulations made there under.


**39. Protection of acts done in good faith-**


No matter or thing done and no contract of any kind entered into by an
Authority or Commission and no matter or thing done by a member or officer
or employee of the Board, Authority or Commission or by any other person
whomsoever acting under the direction of Board, Authority or Commission
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, officer, employee or person acting under the direction of the Board,
Authority or Commission personally to any action, liability, claim or demand
whatsoever in respect thereof.
**40. Members, Officers and Employees of the Authority or Commission**
**to be public servants-**
All members of the Board, Authority or Commission, officers and

employees of the Board, Authority or Commission and all other persons
entrusted with the execution of any function under this Act, shall be deemed
when acting or purporting to act in pursuance of any of the provisions of
this Act or the rules or regulations made thereunder, to be public servants
within the meaning of section 21 of the Indian Penal Code, 1860. (Central
Act XLV of 1860).

**41. Power to make regulations-**

(1) The Board, and an Authority or Commission with the approval of the

Board/Government, may make regulations, consistent with this Act and Rules
made there under to carry out the provisions of this Act.

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

conferred in sub-section (1) such regulations may provide for all or any of the
following:

(a) the manner of preparation of annual budget and its approval

by Government;

(b) the delegation of powers to officers and employees of the

Authority or Commission;

(c) the opening, keeping, closing of and internal audit of accounts

of the Authority or Commission;

(d) allowances to the staff of the Authority or Commission;


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(e) the professional and technical training of staff of the Authority

or Commission;

(f) the job charts, duties, and responsibilities of various positions

in the Authority or Commission along with skills, experience
and qualifications required to hold them;

(g) the method of entering into contract while hiring staff from the

market or deputing staff from any Government organization;

(h) the form and manner of preparation of annual reports of the

Authority or Commission; and

(i) any other matter which is required to be provided by the

regulations.

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

Provided that consultation with the Board, an Authority or Commission

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 Board, an Authority or Commission 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 procedure of compounding offences;

(b) the powers of inspection, and powers to examine and secure

attendance;

(c) the terms of office of members, their allowances and other

conditions of service;

(d) the functioning and conduct of meetings ;

(e) the functions and powers of the Authority or Commission; and

(f) 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 an
offence and penalize in respect of such offence a fine not exceeding the sum of
one lakh rupees or imprisonment for a term not exceeding three months or
both and, in the case of a continuing offence, a further fine not exceeding two


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thousand five hundred rupees 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 this 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.

**43. 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 Andhra Pradesh
Gazette.

**44. Interpretation of the Act-**

When any difference of opinion arises in regard to any interpretation of

the provisions of this Act or the rules or regulations made thereunder or any
other law, the interpretation and the decision of the Government thereon shall
be final.

**45. Dissolution of the Board, Authority or Commission by the**
**Government-** (1) Where the Government are satisfied that the purposes for
which the Board, Authority or Commission is constituted under this Act, has
been substantially achieved so as to render the continued existence of the
Board, Authority or Commission in the opinion of the Government
unnecessary, the Government may by Notification, declare that the said Board,
Authority or Commission shall be dissolved with effect on and from such date
as may be specified in the notification; and the Board, Authority or
Commission shall be deemed to be dissolved accordingly.


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(2) From the said date –

(a) All properties, funds and dues which are vested in or realizable

by any Authority or Commission shall vest in, or be realizable
by the Government;

(b) All Government vacant lands placed at the disposal of the

Authority or Commission shall revert to the Government;

(c) All liabilities which are enforceable against an Authority or

Commission shall be enforceable against the Government; and

(d) For the purposes of carrying out any development which has

not been fully carried out by an Authority or Commission and
for the purposes of realizing properties, funds and dues
referred to in clause (a) the functions of the Board shall be
discharged by the Government.


**46. Dissolution of erstwhile department-**


On and from the date of constitution of Authority or Commission under

this Act, the erstwhile departments shall cease to exist. Upon issue of a
notification under clause (8) of section 2 and constitution of an Authority /
Commission under section 6 that department shall stand dissolved.

**47. Transitional provisions-**

(1)  Any scheme, contract, document, licence, consent or resolution

prepared, made, granted, approved or issued by or on behalf of an erstwhile
department, 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 successor Authority.

(2) Where anything has been commenced by or on behalf of an erstwhile

department, before the date of commencement of this Act, such thing may be
carried on and completed by or under the authority of a successor Authority.

(3) In any written law and in any document, unless the context

otherwise requires, any reference to an erstwhile department shall be
construed as a reference to the successor Authority.

(4) The provisions set out in the Third Schedule with respect to the

transfer of assets, liabilities, functions and employees of an erstwhile
department shall have effect.

**48. Repeal of Ordinance No. 6 of 2016-**

The Andhra Pradesh Tourism, Culture and Heritage Board Ordinance,

2016 is here by repealed.


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**FIRST SCHEDULE**

**(see Section 3)**

**PROCEEDINGS**

**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 Board;


**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;

(b) is an un-discharged 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, interested in a transaction or project of the Board shall
disclose the nature of his interest at the first meeting of the Board 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 of the Board and, after the disclosure, that member —

(a) shall not take part in any deliberation or decision of the Board
with respect to that transaction or project; and

(b) shall be disregarded for the purpose of constituting a quorum
of the Board for such deliberation or decision.

(3) No act or proceedings of the Board shall be questioned on the ground that a
member has contravened this section.

**5. Meetings of Board.—(1)The Chairman shall summon meetings as often as**
may be required but not less than once in 6 months in case of the Board and 3
months in case of the Executive Committee/ Authority/ Commission at such
place within the jurisdiction of the Board and at such time as the Chairman
may decide.

(2) The quorum at every meeting shall be one-third of the total number


of members or 3 members, whichever is higher.


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(3) Decisions at meetings shall be adopted by a simple majority of the

votes of the members present and voting; and in the case of an equality of
votes, the Chairman or in his absence the Vice Chairman shall have a casting
vote.

(4) The Chairman or in his absence the Vice Chairman shall preside at


meetings.


(5) The Board may act notwithstanding any vacancy in its membership.


(6) The notice period for convening the Board shall not be less than 7


days and in case of short notice meetings not less than 2 days.


(7) The agenda shall be approved by the Member-Secretary.


(8) Subject to the provisions of this Act, the Board or Director General

may make standing orders to regulate its own procedure, and, in particular,
the holding of meetings, the notice to be given of such meetings, the
proceedings thereat, the keeping of minutes and the custody, production and
inspection of such minutes.

(9) Where the Member – Secretary consider it necessary a d ecision on

any important or urgent matter that should be taken in circulation to all the
Members including the Chairman, the action shall be taken as per the decision
of majority of the Members.

**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 27)**

**FINANCIAL PROVISIONS**

1. The financial year of the Authority or Commission 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 or Commission shall begin on the date of
commencement of this Act and shall end on 31st March 2017.

2. The Authority or Commission 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 or Commission and over the expenditure incurred by the Authority
or Commission.

3. (1) The accounts of the Authority or Commission 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.


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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

4. The remuneration of the auditor shall be paid out of the funds of the


Authority or Commission.


5. The Authority or Commission shall, as soon as practicable but not later

than 31st 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 in his report state —


(a) whether the financial statements show fairly the financial
transactions and the state of affairs of the Authority or Commission;

(b) whether proper accounting and other records have been kept,
including records of all assets of the Authority or Commission whether
purchased, donated or otherwise;

(c) whether the financial statements are prepared on a basis similar to
that adopted for the preceding year;

(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 or Commission
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 or
Commission and Board not later than 30th September in each year.

7. The auditor may at any other time report to the Government through the
Board upon any matter arising out of the performance of his audit.

8. The Accountant General or any person as may be appointed by him in
connection with the audit of accounts of the Authority or Commission 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 or Commission.

9. The auditor or a person authorised by him may make copies of or extracts
from any such accounting and other records.


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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 rupees ten thousand and, in the case of a continuing offence, to a
further fine not exceeding rupees one thousand for every day during which the
offence continues after conviction.

12. As soon as the accounts of the Authority or Commission and the financial
statements have been audited in accordance with the provisions of this Act but
not later than 30[th] September in each year, a copy of the audited financial
statements signed by the Director 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 or
Commission, 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 or Commission.

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.

**THIRD SCHEDULE**

**(See Section 47)**

**TRANSFER OF ASSETS, LIABILITIES, FUNCTIONS AND EMPLOYEES**

**1. Transfer of assets and liabilities —As from the date of commencement of**
this Act all the lands, buildings and other property movable and immovable,
vested in the erstwhile department immediately before that date and all assets,
rights and interests vested in, and all outstanding debts, liabilities and
obligations incurred by, the erstwhile department in connection therewith,
shall be transferred to and shall vest in the Authority or Commission without
further assurance.

**2. Existing agreements, etc. All deeds, bonds, agreements, instruments and**
working arrangements, subsisting immediately before the date of
commencement of this Act, affecting any of the property, rights, interests,
liabilities and obligations transferred to or vested in the Authority or
Commission under this Act shall continue in force on and after that date and
shall be enforceable by or against the Authority or Commission as if, instead of
the erstwhile department or a person acting on behalf of the erstwhile
department, the Authority or Commission had been named therein or had
been a party thereto.


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**3. Pending legal proceedings—(1) Any proceedings or cause of action pending**
or existing immediately before the date of commencement of this Act by or
against the erstwhile department or any person acting on its behalf, may be
continued and shall be enforced by or against the Authority or Commission.

(2) Sub-section (1) shall not apply to any proceedings or cause or action

relating to any sums of money paid, or payable by way of instalments, to the
erstwhile department.

**4. Transfer of employees--(1) As from date of commencement of this Act,**
every person who immediately before that date is employed by the erstwhile
department, may be transferred to the Authority or Commission as the case
may be.

(2) Notwithstanding subsection (1), Government shall have right to

redeploy persons under the employment of the erstwhile department to any
other government department or agency.


**5. Conditions of service**


The terms and conditions of service of the erstwhile department shall

continue to apply to every person transferred to the service of the Authority or
Commission under this Act as if he were still in the service of erstwhile
department.


**6. Pension benefits**


(1) Nothing in the terms and conditions to be drawn up by the Authority

or Commission shall adversely affect the conditions that would have been
applicable to persons transferred to the service of the Authority or Commission
as regards any pension, gratuity or allowance payable to them.

(2) Where any person in the service of the Authority or Commission

whose case does not come within the scope and effect of any pension or other
schemes referred to under this section, retires or dies in the service of the
Authority or Commission or is discharged from such service, the Authority or
Commission may grant to him or to such other person or persons wholly or
partly dependent on him, as the Authority or Commission may think fit, such
allowance or gratuity as the Authority or Commission may determine.


**7. Continuation and completion of disciplinary proceedings**


(1)Where on the date of commencement of this Act any disciplinary

proceedings were pending against any employee of the erstwhile department
who has been transferred to the service of the Authority or Commission under
this Act, the proceedings shall be carried on and completed by the Authority or
Commission under and in conformity 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 erstwhile department and no order or
decision had been rendered thereon, the erstwhile department shall continue


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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 or investigated
before the date of commencement of this Act, the erstwhile department shall
complete the hearing or investigation in accordance with the authority vested
in it immediately before that date and make such order or direction as the
erstwhile department could have made under the authority vested it
immediately before that date.

(3)  Any order, rule or direction made or given by the erstwhile

department pursuant to this section shall be treated as an order or direction of
the Authority or Commission and have the same force or effect as if it had
been made or given by the Authority or Commission pursuant to the authority
vested in the Authority or Commission under this Act.

**8. Misconduct or neglect of duty by employee before transfer- The**
Authority or Commission 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 erstwhile department, 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
erstwhile department or any other person acting under its authority or
direction or otherwise, as if this Act had not been enacted.


**M. SRIHARI BABU,**


Secretary to Government (I/c)


Law Department.


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