LexThe Andhra Pradesh Tourism, Culture and Heritage Board Act, 2017.
Andhra Pradesh · state statute
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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
(26th 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 31st 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 – Member-
Convener
(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 unde r 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 Member-
Secretary. 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 unde r 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 public-
private-partnership tourism projects; and
(w) take a ny 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 Director-
General 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 Excerpt shown. Open the full act in Lexace.