LexThe Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016
Andhra Pradesh · state statute
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THE ANDHRA PRADESH METROPOLITAN REGION AND URBAN
DEVELOPMENT AUTHORITIES ACT, 2016
ARRANGEMENT OF SECTIONS
(ACT No.5 of 2016)
(19th January, 2016)
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
DECLARATION OF DEVELOPMENT AREA AND CONSTITUTION OF
THE AUTHORITY
3. Declaration of Development Area
4. Constitution of the Development Authority
5. Powers and functions of the Authority
6. Powers and Functions of the Executive Committee
7. Powers and Functions of the Metropolitan Commissioner / Vice-
Chairperson
8. Officers & staff and Constitution of the ‘Andhra Pradesh
Metropolitan Region and Urban Development Authorities Service’
CHAPTER III
UNIFIED TRANSPORT AUTHORITY
9. Constitution of Unified Transport Authority
10. Powers and functions of the Transport Authority
CHAPTER IV
DEVELOPMENT PLANS
11. Preparation and Content of Development Plans
12. Submission of plans to the Government for sanction
13. Sanction of plans by the Government
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14. Power to undertake preparation of area development plan or action
plan or Zonal Development plan.
15. Modification to the sanctioned plans
16. Enforcement of the sanctioned plans
CHAPTER V
DEVELOPMENT SCHEMES
(i) Types and details of Development Schemes
17. Development Schemes
(4) Types of Development Schemes
(5) Power of the Government to require the authority to make a
development scheme
18. Provisions of the development scheme
19. Contents of the development scheme
20. Infrastructure and amenities to be provided
21. Cost of the development scheme
22. Reconstitution of plots
23. Restrictions on the use and development of land after publication
of draft development scheme
24. Disputed ownership
25. Registration of document, plan or map in connection with
development scheme not required.
(ii) Land Pooling Scheme
26. Land Pooling Scheme
27. Reservation and allotment of land for various purposes in land
pooling scheme
28. Role of developer entity
29. Declaration to take up the land pooling scheme and Suggestions
and objections to the notification of intention
30. Preparation and notification of Draft Land Pooling Scheme
31. Publication of final Land pooling scheme and issue of the LPOC
32. Implementation of Final Land Pooling Scheme
33. Completion of final land pooling scheme
34. Maintenance of the common infrastructure & facilities after issue
of completion certificate
(iii) Town Planning Scheme
35. Town Planning Scheme
36. Declaration of intention to make a Town Planning Scheme
37. Making and publication of draft Town Planning Scheme
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38. Objections to draft Town Planning Scheme to be considered
39. Power of Government to sanction draft Town Planning Scheme
40. Vesting of land in the Authority
41. Appointment of Planning Officer
42. Duties of Planning Officer
43. Contents of preliminary and final scheme
44. Certain decisions of Planning Officers to be final
45. Appeal
46. Constitution of Board of Appeal
47. Planning Officer to assist Board in advisory capacity
48. Place where Board may sit
49. Decision of questions of law and other questions
50. Powers of Board to decide matter finally
51. Board not to be a court
52. Remuneration of assessors and payment of incidental expenses of
Board to be added to costs of scheme
53. Decision of Planning Officer to be final in certain matters and
variation of scheme in view of decision in Appeal
54. Power to split up sanctioned draft scheme into separate sections
55. Submission of preliminary scheme and final scheme to Government
56. Power of Government to sanction or refuse to sanction the scheme
and effect of sanction
57. Withdrawal of scheme
58. Effect of preliminary scheme
59. Power of authority to evict summarily
60. Power to enforce the scheme
61. Power to vary scheme on ground of error, irregularity or informality
62. Variation of Town Planning Scheme for land allotted for pu blic
purpose
63. Variation of Town Planning Scheme by another scheme
64. Amendment of regulations
65. Compensation when scheme is varied
66. Appointment of costs of scheme with drawn not sanctioned
67. Right to appear by recognized Agent
68. Powers of civil courts in respect of certain matters
69. Costs of Town Planning Scheme
70. Calculation of increment
71. Contribution towards costs of scheme
72. Certain amounts to be added to or deducted from contribution to
be levied from person
73. Transfer of right from original to final plot or extinction of such
right
74. Compensation in respect of property or right injuriously affected by
scheme
75. Exclusion of compensation in certain cases
76. Provision for cases in which amount payable to owners exceeds
amount due from him
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77. Provision for cases in which value of developed plots is less than
amount payable by owners
78. Payment of adjustment of account
79. Payment of net amount due to the authority
80. Power of authority to make agreement
81. Recovery of arrears
CHAPTER VI
DEVELOPMENT PROMOTION
82. Development permission mandatory
83. Use and development of land and buildings to be in conformity
with plans of the authority
84. Application for development permission
85. Lapse of development permission
86. Deviations during development
87. Revoking of Development Permission
88. Penalty for unauthorized development or for use otherwise than in
conformity with sanctioned plans
89. Power to require removal of unauthorized development
90. Power to stop unauthorized development
91. Recovery of expenses incurred
92. Constitution of Building Tribunal
CHAPTER VII
ACQUISITION, ASSEMBLY AND DISPOSAL OF LANDS
93. Acquisition of Property by the Authority
94. Acquisition of Land by Negotiated Settlement
95. Power to Acquire Land under Act No.30 of 2013
96. Creation and Management of Land Development Bank
97. Transfer of Government Land to the Authority
98. Acquisition of Land by Transferable Development Rights
99. Disposal of Land and Other Property by the Authority
CHAPTER VIII
DEVELOPMENT FEE AND CHARGES
100. Levy of Development Charges
101. Assessment and Recovery of Development Charges
102. Levy of user charges
103. To levy specific cess for capital infrastructure projects
104. To levy betterment charge or impact fee to capture value
105. Recovery of Arrears
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CHAPTER IX
FINANCE, ACCOUNTS, BUDGET AND AUDIT
106. Development Fund
(3) Revolving Fund
107. Development Fund and its application
108. Budget of the Authority
(3) Audit
109. Annual Plan and Report
110. Power of investment
111. Pension and Provident Fund
CHAPTER X
MISCELLANEOUS
112. Power of entry and power to demarcate and survey
113. Certain plans already prepared and sanctioned are deemed to
have been prepared and sanctioned under the Act
114. Effect of other laws
115. Power to delegate
116. Power to make Rules
117. Power to make regulations
118. Power of Government to issue directions
119. Returns and Information
120. Service of Notice
121. Notices to fix reasonable time
122. Public Notice how to be made known
123. Obstructing officers of the Authority
124. Prosecution, Magistrate’s power etc
125. Exclusion of liability for errors or omissions in information
supplied
126. Offence by body corporate
127. Powers and duties of Police Officers
128. Fines to be paid to the Authority
129. Compounding offences
130. Exemption
131. Confidentiality and intellectual property rights
132. Interpretation of the Act
133. Bar of Legal proceedings
134. Members, Officers and Servants of the Authority and Tribunal to
be public servants
135. Ex-gratia payments
136. Gifts
137. Boundary to be out of jurisdiction and cessation of powers of local
authorities in the development area
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138. Periphery area of the development area
139. Dissolution of the authority by the Government
140. Dissolution of existing Authority
(2) Transfer of assets and liabilities
(3) Existing Agreements etc
(4) Pending legal proceedings
(5) Nil
(6) Pending Proposals, Plans and Projects
(7) Continuation of contracts, documents etc
(8) Nil
(9) Nil
(10) Transfer of employees of former Authority
(c) Conditions of service
(d) Nil
(e) Pension benefits
(f) Nil
(g) Continuation and completion of disciplinary
proceedings
(h) Nil
(i) Nil
(j) Misconduct or neglect of duty by employee before
transfer
141. Proceedings of the Authority, acting Chair person or Metropolitan
Commissioner / Vice-Chairperson
(2) Vacation of office of member
(3) Disqualification from membership
(4) (a) Member’s interest to be made known
(5) (a) Meetings of the Authority
(6) Validity of acts of members
142. Repealing of Andhra Pradesh Urban Areas (Development) Act,
1975 (Act No.1 of 1975) and Savings
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THE ANDHRA PRADESH METROPOLITAN REGION AND URBAN
DEVELOPMENT AUTHORITIES ACT, 2016
(ACT No.5 of 2016)
(21st January, 2016)
AN ACT TO REVISE THE LAW RELATING TO THE REGULATION OF RENT
AND TO BALANCE THE RIGHTS AND DUTIES O F LANDLORDS AND
TENANTS TO RESIDENTIAL AND NON - RESIDENTIAL PREMISES IN THE
URBAN AND OTHER AREAS AND TO PROVIDE FOR QUICK RESOLUTION OF
DISPUTES AND MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Sixty-eighth 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 Metropolitan Region and
Urban Development Authorities Act, 2016.
(2) It extends to the whole of the State of Andhra Pradesh.
(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 farming, raising of crops, fruits, vegetables,
flowers, grass, trees, horticulture, floriculture, poultry, fishing, livestock
breeding, bee keeping, upkeep of an orchard and the use of land ancillary
and accessory to cultivation or any agriculture purpose; but does not
include the use of any land as a garden which is an appendage to a building
and the expression ‘Agricultural’ shall be construed accordingly;
(2) ‘amenity’ includes roads , streets, open spaces, parks, landscaping,
playgrounds, recreational grounds, tourist spots, water and electric supply,
street lighting, sewerage, drainage, public works and other utility services
and conveniences as the Government may specify by notifica tion to be an
amenity for the purposes of the Act;
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(3) ‘area development plans’ means the plans prepared under the
provisions of this Act;
(4) ‘authority’ means the Development Authority constituted under
sub-section (1) of section 4 of this Act;
(5) ‘building’ includes any structure or erection or part of a structure
or erection which is intended to be used for residential, industrial,
commercial or any other purposes, whether in actual use or not;
(6) ‘building operations’, includes,-
(a) erection or re-erection of a building or any part thereof;
(b) roofing or re -roofing of a building or any part of a building or
any open space;
(c) any material or structural alteration or addition of a building as
is likely to affect the alteration of its drain age or sanitary
arrangement or to materially affect its security, or the
construction of a door opening on any street or land not
belonging to the owner;
(7) ‘company’ means a body corporate registered under the Companies
Act, 2013 (Central Act No. 18/2013) and includes a firm or association of
individuals;
(8) ‘development’ with its grammatical variations means the carrying
out of building, engineering, mining or other operations in, on, over, or
under, land or the making of any material change, in any building or land or
both, or in the use of any building or land or any material or structural
change in any heritage building or its precinct, and includes demolition of
any existing building, structure or erection and redevelopment, reclamation
of land, conservation of environment, forming of layouts and sub -division of
any land into plots, and development of amenities and the words “to
develop” shall be construed accordingly;
(9) ‘development area’ means the area or group of areas declared to be
a development area under sub-section (1) section 3 of this Act;
(10) ‘developer entity’ means and includes an individual, company or
association or body of individuals whether incorporated or not, a cooperative
society, a corporate body, o r an agency national or international to whom a
license is given to undertake development works/Scheme within the
framework of a plan or development scheme duly approved under this Act;
(11) ‘development fund’ means a fund created under this Act;
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(12) ‘ development plan’ means a comprehensive plan for the
development or redevelopment or improvement of the area within the
jurisdiction of the Authority covering the whole or part thereof and includes
revision of a development plan and proposals for developme nt of land within
its jurisdiction conceived within the framework of the Perspective
Plan/Master Plan/Infrastructure development plan/area development
plan/zonal development plan/or any other plan or scheme prepared under
the Act by what so ever name known;
(13) ‘development project or project’ refers to the plans conceived
within the framework of a Perspective Plan [PP] or Master Plan [MP] or
Infrastructure Development Plan [IDP] or any other Plans, integrated with
that of the Development Area containing detailed working layouts with all
supporting infrastructure and documents including cost of development,
source of finance and recovery instruments for their execution;
(14) ‘engineering operations’ includes the formation or laying of
streets, roads, drai nage, sewerage, water supply, electricity, gas, cables or
telephone lines, irrigation works, and development of such other amenities;
(15) ‘final plot’ means a plot or land reconstituted from an original plot
or land and allotted in development scheme as a final plot;
(16) ‘former authority’ means the authority or organization
constituted under any other Act or under this Act existing / defunct /
dissolved before the Authority presently constituted under this Act for the
whole or part of the development area;
(17) ‘government’ means the State Government of Andhra Pradesh;
(18) ‘government company’ means a government company or
corporation registered under the Companies Act, 2013 (Central Act No.
18/2013) which has one of its objects shall be the development of an area;
(19)‘heritage building’ means a building/premises or any part thereof
or structure or artifact possessing architectural, aesthetic, historic or
cultural values or ecological or environmental importance and requires
conservation or preserva tion and which is declared as heritage building by
the Authority in whose jurisdiction such building is situated;
(20) ‘heritage precinct’ means an area comprising heritage building or
buildings and precincts thereof or related places as declared by the
Authority;
(21) ‘Infrastructure Development Plan [IDP]’ means the set of plans,
projects and estimates for the development of the infrastructure such as
water supply, storm water drainage, sewerage, streets and roads including
ring/radial/grid roads conne cting all settlements, electricity and street
lighting, parks and playgrounds, solid waste disposal and management
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system, communication network and related facilities such as roads,
railways, metro ways, airports and the like and any other amenity as
decided by the Authority for the Development Area or Zone or Special Area
or part of the Development Area prepared and sanctioned under the
provisions of the Act;
(22) ‘land’ includes benefits arising out of land and things attached to
the earth or permanently fastened to anything attached to the earth;
(23) ‘land use’ means the principal use of land for which a plot of land
or building thereon is used or intended to be used. For the purpose of
classification of a plot according to the land uses, a land use s hall be
deemed to include subsidiary land uses which are contingent upon it;
(24) ‘Land Pooling Scheme’ means a scheme as provided in sub -
section (1) of section 26 of this Act;
(25) ‘Land Pooling Ownership Certificate [LPOC]’in the context of a
Land Pooling Scheme means a certificate issued by the Authority under sub-
section (4) of section 31 of this Act to each land owner participating in the
Land Pooling Scheme certifying the details of the reconstituted plot / land /
final plot allotted to him;
(26) ‘local authority’ means:
(a) a Municipal Corporation constituted under the respective Act; or
(b) a Municipality or a Nagar Panchayat constituted under the
Andhra Pradesh Municipalities Act, 1965; or
(c) a Gram Panchayat constituted under the Andh ra Pradesh
Panchayat Raj Act, 1994; or
(d) any other body or authority constituted under the relevant Act to
govern the urban services;
(27) ‘Master Plan [MP]’ means the set of plans for the promotion and
development of the Development Area or Zone or Special Area or part of the
development area prepared and sanctioned under the provisions of the Act;
(28) ‘metropolitan area’ means an area having a population of a
million or more, comprised in one or more districts and consisting of two or
more Municip alities or Panchayats or other contiguous area or an urban
agglomeration area with a population of million and above as per the Census
of India, specified by public notification to be a metropolitan area;
(29) ‘metropolitan commissioner’ means the Metropo litan
Commissioner appointed by the Government under sub-Clause (d) of clause
(i) of sub-section (3) of section 4;
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(30) ‘metropolitan region’ means the metropolitan area as whole and
its primary commuter areas, typically formed around the metropolitan area
proper with a large concentration of people or a region as notified by the
Government;
(31) ‘notification’ means a notification published in the following
manner and the word ‘notified’ shall be construed accordingly;
(a) (i) in the Andhra Pradesh Gazette or District Gazette;
(ii) in two daily newspapers circulating in the locality of such area
of which one shall be in the regional language;
(iii) in the local language in the Gram Panchayat, Municipality or
Municipal Corporation, as the case may be and in the offices of the
District Collector, the Revenue Divisional Officer, the Tahsildar, the
District Registrar and Sub -Registrar of Stamps & Registration
department;
(iv) uploaded on the website of the Authority;
or
(a) as may be decided by the Authority;
(32) ‘occupier’ includes,-
(a) any person including a firm or other body of individuals
whether incorporated or not, who for the time being is paying
or is liable to pay to the owner the rent of the land or building
in respect of which such rent is paid or is payable;
(b) an owner living in or otherwise using his land or building;
(c) a rent free tenant;
(d) a licensee in occupation of any land or building;
(e) any person who is liable to pay to the owner damages or
compensation for the use and occupation of any land or
building;
(33) ‘operational construction’ means any construction whether
temporary or permanent, which is necessary for the operation, maintena nce,
development, or execution of any of the following services, namely:-
(a) railways;
(b) national highways, state highways, other important roads;
(c) waterways;
(d) ports;
(e) airways and aerodromes;
(f) postal, telecom, wireless, broadcasting and other like forms of
communication;
(g) electricity;
(h) defence;
(i) ONGC, GAIL;
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(j) works undertaken by the Authority or any Local Authority;
(k) any other service which the Government may, if it is of the
opinion that the operation, maintenance, development or
execution of such service is essential to the life of the
community, by notification, declare to be a service for the
purposes of this clause.
Explanation: - For the removal of doubts, it is hereby declared that the
construction of,-
(i) new residential buildings (other than lodges, quarters for limited
essential operational staff and the like), roads and drains in railway
colonies, hotels, clubs, institutes and schools, in the case of railways;
and
(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;
(34) ‘original plot’ in the context of Development Scheme means the
parcel of land extent vesting with the land owner as per revenue records or
in possession as on the day of notification of Declaration of Intention of the
Development Scheme, whichever is less. While undertaking the preparation
and sanction of the Development Scheme, the tenure and encumbrances on
the plot remain unaffected;
(35) ‘owner’ in relation to any property, includes any person who is,
for the time being receiving or entitled to receive, whether on his own
account or on account of or on behalf of, or for the benefit of, any other
person or as an agent, trustee, guardian, manager or receiver for any other
person or for any religious or charitable institution, the rents or profits of
the property; and also includes a mortgagee in possession thereof; and also
includes a person, Company, Trust, Institute, Registered Body, State or
Central Government and its attached subordinate departments,
undertakings and the like, in whose name the property stands registered in
the Revenue Records;
(36) ‘periphery area’ means the outer area of the development area
declared as such under section 13 of this Act;
(37) ‘plan’ includes a map or maps indicating proposals, and/or sets
of documents, and/or statements and policies and development briefs for
securing, promoting and regulating development in the region or for any
area and also includes all the sanctioned development plans prepared and
sanctioned under the provisions of this Act;
(38) ‘prescribed’ means prescribed by rules and regulations made
under the Act;
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(39) ‘reconstituted plot’ means a final plot / land which is in any way
altered by the making of a development scheme;
(40) ‘regulation’ means a regulation made under the Act and zoning
and other regulations made as part of the Plans prepared under the Act;
(41) ‘residence’ includes the use of any land or building or part thereof
for human habitation, and the expression ‘Residential use’ shall be
construed accordingly;
(42) ‘revolving fund’ means the fund required for the purpose of
performing its functions under the Act and for developing amenities and
infrastructure facilities in the development area;
(43) ‘rule’ means a rule made under the Act by the government for
enforcement;
(44) ‘scheme’ means a scheme or policy or directives or guidelines
prepared under the Act; and also includes a scheme prepared under any
other Act prevailing in the State for securing the planned development of
any area or constituent of the Development Area;
(45) ‘Town Planning Scheme [TPS]’ means the scheme prepared under
the Act for achieving the planned development as envisaged in the
sanctioned development plan;
(46) ‘urban area’ means
(a) the area comprised within the Municipal Corporation constituted
under the respective Act or within the Municipality or a Nagar
Panchayat constituted under the Andhra Pradesh Municipalities
Act, 1965 and any such area in the vicinity as the Government
may, having regard to the extent of, and the scope for the
urbanization of that area or other relevant considerations, specify
in this behalf by notification or an area specified as urban as per
the Census of India;
and
(b) such other area as the Government may, by notification, declare
to be an urban area, which in the opinion of the Government, is
likely to be urbanized;
(47) ‘urban r egion’ means the urban area as whole and the
surrounding urban and rural areas and also the primary commuter areas
typically formed around the urban area proper with a large concentration of
people or a region as notified by the Government;
(48) ‘Vice -Chairperson’ means the Vice -Chairperson of the Authority
appointed by the Government under sub - clause (b) of clause (ii) of sub -
section (3) of section 4;
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(49) ‘Zonal Development Plan [ZDP]’ means the set of plans for the
promotion and development of a zone or part of a zone or a local authority of
the development area prepared and sanctioned under the provisions of the
Act;
(50) ‘zone’ means any one of the divisions in which a development area
may be divided for the purpose of securing, promoting and regulating
development and for providing the urban services under the Act, and the
words ‘Zoning Regulations’ shall be construed accordingly;
(51) Words used but not defined in the Act shall have the same
meanings as assigned under the respective Acts.
CHAPTER II
DECLARATION OF DEVELOPMENT AREA AND
CONSTITUTION OF THE AUTHORITY
3. Declaration of Development Area -
(1) As soon as may be, after the commencement of this Act, the State
Government may, by notification in the Andhra Pradesh Gazette declare the
‘Development Area’ consisting of such metropolitan region or urban region as
a ‘development area’ for the purposes of this Act with effect from such date as
may be specified therein.
(2) Every such notification shall define the limits of the development
area to which it relates.
(3) The State Government may, by notification, in the Andhra Pr adesh
Gazette and in accordance with such rules as may be made in this behalf,--
(a) exclude from the development area any area comprised
therein; or
(b) include in the development area any other area.
(4) The existing Gram Panchayats, Municipalities and Corporations
within the Development Area shall remain functional within their respective
jurisdictions based on the prevailing rules, made under the respective laws.
4. Constitution of the ‘Development Authority’ -
(1) As soon as may be, after the date of commencement of this Act, the
State Government may, by notification, in the Andhra Pradesh Gazette,
constitute the ‘Metropolitan Region Development Authority’ [MRDA] for any
metropolitan region or ‘U rban Development Authority’ [UDA] for any urban
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region, herein after called as the ‘Authority’ for the development area notified
under section 3.
(2) The Authority constituted under sub -section (1) shall be a body
corporate by the name of the developme nt area for which it is constituted
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.
(3) (i) The Metropolitan Region Devel opment Authority shall have the
following members, namely,—
(a) the Chairperson to be appointed by the Government;
(b) Principal Secretary to Government, Municipal Administration
& Urban Development Department – Deputy Chairperson;
(c) Principal Secretary to Governm ent, Finance Department -
Member;
(d) ‘Metropolitan Commissioner’ who is a government officer to be
appointed by the Government, shall be the whole time Chief
Executive Officer of the Authority and shall be the Member -
Convener;
(e) Officers not more than six, dealing with Transportation,
Roads & Buildings, Energy, Environment or such other
departments as may be deemed necessary by the Government
- Members;
(f) District Collectors of the development area - Members;
(g) Director of Town & Country Planning – Member; and
(h) Three experts of national or international repute who possess
knowledge in urban governance, urban planning,
conservation, environment and transportation to be appointed
by the Government – Members.
(ii) The Urban Development Authority shall have the follo wing
members, namely,—
(a) the Chairperson to be appointed by the Government;
(b) the ‘Vice -Chairperson’ who is a government officer to be
appointed by the Government, shall be the whole time
Chief Executive Officer of the Authority and shall be the
Member-Convener;
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(c) Joint Secretary to Government, Municipal Administration
& Urban Development Department or his nominee who
shall be not less than Deputy Secretary in cadre or as
deemed necessary by the Government - Member;
(d) Joint Secretary to Government, Finance Depart ment or
his nominee who shall not be less than Deputy Secretary
in cadre or as deemed necessary by the Government -
Member;
(e) Officers not more than four, dealing with Transportation,
Roads & Buildings, Energy, Environment or such other
departments as may be deemed necessary by the
Government - Members;
(f) District Collectors of the development area - Members;
(g) Director of Town & Country Planning or his nominee –
Member; and
(h) Three experts of national or international repute who
possess knowledge in urban governance, urban planning,
conservation, environment and transportation to be
appointed by the Government – Members.
(4) Any other officer or expert whom the Government thinks
necessary may be invited to the meetings of the authority as special invitee.
(5) There shall be an Executive Committee of the Authority consisting
of the following members, namely,-
(a) (i) In case of Metropolitan Region Development Authority, the
Principal Secretary to Government, Municipal Administration
& Urban Development Dep artment shall be Chairperson of
the Executive Committee, and the Metropolitan Commissioner
shall be a member-convener of the Executive Committee.
(ii) In case of Urban Development Authority, the Vice -
Chairperson of Urban Development Authority shall be the
Chairperson of the Executive Committee;
(b) Joint Secretary to Government, Finance Department or his
nominee as deemed necessary by the Government - Member;
(c) Joint Secretary to Government Municipal Administration &
Urban Development Department or his nomine e as deemed
necessary by the Government - Member;
(d) Officers or Heads of Government Departments or the
Authority not exceeding five in number - Members;
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(e) Secretary of the Authority to be the Member -Convener of the
Executive Committee of Urban Development Authority;
(f) Any other officer or expert as appointed by the Government.
(6) The Chairperson of the Executive Committee may invite any of the
heads of the departments of Government or the Authority or experts as
special invitees to the meetings of the Executive Committee.
(7) The members nominated by the Government to the Authority and
Executive Committee shall hold office as may be prescribed by the
Government and shall be eligible for re -appointment on such conditions as
may be prescribed.
(8) Th e Government may, by notification, omit any member of the
Authority or Executive Committee.
(9) Subject to the general superintendence and control of the Authority,
the management and administration of the affairs of the Authority shall vest
in the Executive Committee.
(10) The Government shall frame rules with regard to the functioning
and conducting of meetings and any other matters relating to the powers and
functions of the Authority and the Executive Committee.
(11) The term of office and condi tions of service of the staff of the
Authority, the procedure to be followed by the Executive Committee and all
such other matters relating to the Executive Committee shall be as may be
prescribed by rules.
(12) The Authority may,--
(a) from time to time appoint one or more Functional Committees
for the discharge of its functions. The functional committees
shall report and discharge their responsibilities under the
instructions and directions of the Authority.
(b)every Committee appointed under clause (a) of sub -section
(12) shall conform to any instructions that may, from time to
time, be given to it by the Authority and the Authority may at
any time alter the constitution of any Committee so appointed
or rescind any such appointment. The Authority sh all
nominate one of the members as the Chairman of every such
Committee.
(c) consult or associate with such persons or organizations whose
assistance or advice it may desire. Such advisor or
consultant shall be paid such fees as may be determined by
the Authority.
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(d) constitute as many area level functional units or sub -
regional units or offices as it deems fit and assign
responsibilities and functions to such units.
(e) create Special Purpose Vehicles (SPVs) with the approval of
the Government for vari ous purposes, including but not
limited to, design and construction of buildings related to
large infrastructure projects, provision of utility services,
provision of urban services, design and execution of social
infrastructure projects, and land acquisit ion and
augmentation of financial resources. The Authority, as a
representative of the Government could participate in such
SPVs as an equity or debt holder, and also have specified
members of the Authority as members of the Board of such
SPVs.
(f) The Authority may delegate any of its powers or functions to
the Executive Committee or the Metropolitan Commissioner
/ Vice -Chairperson subject to its revision and to such
conditions and limitations if any, as it may think fit to
impose.
5. Powers and functions of the Authority -
Subject to the provisions of the Act, the functions of the Authority shall
be;-
(1) Administration:-
(a) to monitor, supervise or ensure adequate supervision over the
execution of any development plan or project or scheme, the
expenses of which in whole or in part are to be met from the
Development Fund;
(b) to co-ordinate with the Andhra Pradesh Transmission
Corporation, the Southern Power Distribution Company Ltd,
the Andhra Pradesh Industrial Infrastructure Corporation, the
Andhra Pradesh State Road Transport Corporation, Roads &
Buildings department, Housing Corporation, Housing Board,
Infrastructure Corporation of Andhra Pradesh Ltd and such
other bodies / departments of the Government to facilitate
infrastructure development in the development area;
(c) to delegate the powers of the Authority to the Executive
Committee or specific members of the Executive Committee or
the Metropolitan Commissioner / Vice -Chairperson with the
responsibility for execution of specific projects of the
Authority.
(d) to fast track and facilitate issues such as project delays,
issues re lated to Development Fund, inter -departmental
coordination as raised by the Executive Committee;
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(e) to enter into contracts, agreements or arrangements with any
person, body or organization as the Authority may deem
necessary for the performance of its functions;
(f) to perform any other function or exercise powers as are
supplemental, incidental or consequential to any of the
foregoing duties and powers, and/or take up such matters as
the Government may direct in this regard;
(g) to sanction and recruit officers and staff required for the
Authority to perform functions of the Authority with the
approval of the Government.
(h) to meet at least once in three months and at such intervals,
at such place and such time as the Chairperson may
decide.
(i) in case of Metropolitan Region Development Authority,
(i) to review, revise and approve proposed projects above
Rs. 10.00 crores and up to Rs. 100.00 crores in total
contract value and approval of the Government shall be
obtained in respect of projects worth more than Rs.
100.00 crores;
(ii) to review, revise and approve all funding, financing and
investment plans above Rs. 10.00 crores and up to Rs.
100.00 crores in total contract value and approval of
the Government shall be obtained in respect of funding,
financing and inves tment plans worth more than Rs.
100.00 crores;
(iii) to accord approval for all tenders / e -procurement for
the projects exceeding Rs. 10.00 crores and up to
Rs. 100.00 crores in total contract value and approval
of the Government shall be obtained i n respect of
tenders / e -procurement for the projects exceeding Rs.
100.00 crores;
(j) in case of Urban Development Authority,
(i) to review, revise and approve proposed projects above
Rs. 5.00 crores and up to Rs. 50.00 crores in total
contract value and approval of the Government shall be
obtained in respect of projects worth more than Rs.
50.00 crores;
(ii) to review, revise and approve all funding, financing and
investment plans above Rs. 5.00 crores and up to Rs.
50.00 crores in total contract value and approval of the
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Government shall be obtained in respect of funding,
financing and investment plans worth more than Rs.
50.00 crores;
(iii) to accord approval for all tenders / e -procurement for
the projects exceeding Rs. 5.00 crores and up to Rs.
50.00 crores in total contract value and approval of the
Government shall be obtained in respect of tenders / e -
procurement for the projects exceeding Rs. 50.00 crores
in total contract value;
(2) Development and Regulation:
(a) to undertake execution of the projects and schemes as per
the sanctioned Plans and/or through Development Plans,
Action Plans for any Sector or Zone or Development Area;
(b) to undertake by itself or jointly with a developer entity or
through any agency or any local authority, the
implementation of th e area level plans, execution of works
relating to infrastructure development, public amenities,
conservation of the environment;
(c) to promote the development activities in accordance with the
sanctioned development plans and to bring aesthetics,
efficiency, and economy in the process of development;
(d) to approve, co -ordinate and execute all transportation
related interventions in the development area so as to
promote planned development of traffic and transportation
system and transit-oriented development;
(e) to undertake and approve action plans of various
departments and agencies and ensure implementation of the
traffic and transportation plans for the development of
modern, integrated and effective public transport systems
such as BRTS, MMTS, MRTS and to introduce Intelligent
Transport Systems for traffic management to make the
development area most liveable in the world;
(f) to formulate and monitor the implementation of affordable
housing policies;
(g) to formulate and implement economic dev elopment plans for
the overall economic growth of the development area and to
create new livelihood opportunities.
(h) to regulate the development of the periphery area of the
development area;
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(i) to undertake, manage and supervise the urban amenities
and t o make environment friendly, modern and SMART
metropolitan / urban region either directly or through
outsourced entities by delegating powers to collect user
charges;
(j) to raise finance for any development project or scheme and
to extend assistance to the local authorities for the execution
of such project or scheme;
(k) to entrust to any local authority the work of execution of any
development plan or scheme.
(l) to make recommendations or submit proposals to the
Government or any person or statutory b ody for the
preservation and protection of any monument and land of
historic, traditional, archaeological, architectural or
aesthetic interest;
(3) Finance:
(a) to promote environmental friendly investments in the
development area;
(b) to review, revise and approve annual financial budget for the
Authority and for carrying out the provisions of the Act;
(c) to levy and collect such fees for the execution of works as
referred above and for provision of other services and
amenities as may be prescribed by regulations;
(d) to levy and collect such scrutiny fees for scrutiny of
documents submitted to the Authority for permission for
development as may be prescribed by regulations;
(e) to levy and collect the development charges as may be
prescribed by regulations;
(f) to levy and collect the user charges for various services
delivered in the development area as may be prescribed by
regulations;
(g) to levy and collect the Impact Fee, Urban Infrastructure Fee,
Cess, or any other fee as may be prescribed by regulations;
(h) to maintain and manage the Development Fund and allocate
finances based on the plans and programmes of the
functional departments or line agencies for undertaking
development of amenities and infrastructure facilities and to
monitor and exercise financial control over the budgetary
allocations concerning development works made through it
to the various public agencies, line agencies and other
agencies;
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(4) Land development:
(a) to acquire any immovable property through the Righ t to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Act No. 30 of
2013)or purchase, exchange, gift, lease, mortgage, negotiated
settlement, or by any other means permissible under any
other law;
(b) to approve the land development schemes or proposals of the
functional departments, other departments and functional
agencies in the development area;
(c) to undertake Land Pooling Schemes and other Town Planning
Schemes;
(d) to prepare and undertake implementation of schemes for
providing alternative areas for rehabilitation of persons
displaced by projects and schemes which provide for such
requirements;
(e) to create and manage the Land Development Bank and take
up land acquisition as may be nece ssary for various public
uses, civic center, office complexes, township development,
infrastructure development, etc.; allocation of lands to
functional departments and various agencies upon such
terms and conditions for undert aking development of
amenities and infrastructure facilities.
(5) Planning:
(a) to prepare and revise the Perspective Plan [PP], Master Plan
[MP], Infrastructure Development Plan [IDP] or Area
Development Plan or Zonal Development Plan duly carrying
out surveys in order to ach ieve ecological balance for
sustainable development and for providing other facilities for
liveable environment;
(b) to formulate zoning regulations, building and energy codes,
and any other development control norms for the development
area so as to en sure the compact, transit -oriented, and
environmentally sustainable development;
(c) to prepare, review and revise the development control norms
and rules or regulations, and all other related and similar
norms governing the building and development in the
development area and submit to the Government for approval;
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6. Powers and Functions of the Executive Committee -
Subject to the provisions of the Act, Rules and Regulations, the
functions of the Executive Committee shall be as follows:
(1) Administration:
(a) to approve appointment/re -appointment of experts, including
experts in the matters relating to urban planning, urban
management, urban infrastructure and urban transportation,
subject to such conditions as may be prescribed;
(b) to review pe rformance of special functional units (such as
Special Purpose Vehicles, Area Level Committees) for carrying
out specific functions including execution of projects;
(c) to consult or associate with such persons or organizations,
public or private, whose assis tance or advice it may require.
Such advisor or consultant shall be paid such fees as may be
determined by the Executive Committee;
(d) to recruit professionExcerpt shown. Open the full act in Lexace.