LexThe Andhra Pradesh Capital Region Development Authority Act, 2014.
Andhra Pradesh · state statute
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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)
[30th 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, FUN DING
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 th an 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 tha t 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, c ommunication 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 d ischarge 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, recl amation
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, co nceived
within the framework of the perspectiv e 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 projec t 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 cul tural 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 p ower, 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 a nd 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 lan d 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 Municipa lities 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 l and 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 publish ed 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 re cords 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, truste e, 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, registe red 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 zo nes 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 frag ile 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 i ncludes 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
16
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 a foresaid, 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 he ads 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 o f 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 mi nutes 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 app oint committees consisting of such members as it thin ks 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 a nd 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 const itution 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 d eeds, 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 countersig ned 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 wr iting 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, transit -
oriented, and environmentally sustainabl e
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 pl ans 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 t ransportation 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 economi c 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, leas e, 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 financi al
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 ame nities 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 Aut hority’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 th e 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 inter -
departmental 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 & B uildings 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, tran sfer, 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 u nder 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 capita l 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 c onsultation 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 AuthoritExcerpt shown. Open the full act in Lexace.