LexThe Telangana State Building Permission Approval and Self Certification System (TS-bPASS) Act, 2020.
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THE TELANGANA STATE BUILDING PERMISSION APPROVAL
AND SELF CERTIFICATION SYSTEM (TS-bPASS) ACT, 2020.
(ACT No. 12 OF 2020)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
CONSTITUTION, POWERS AND FUNCTIONS OF THE
DISTRICT COMMITTEES, STATE COMMITTEE AND
NODAL AGENCIES
3. Constitution, powers and functions of District
Committee.
4. Constitution, powers and functions of State Committee.
5. Constitution, powers and functions of Nodal Agency.
CHAPTER - III
DEVELOPMENT OF LAND AND CONSTRUCTION OF
BUILDING
6. Development of Land and making of Layout.
7. Approval of Building permissions.
8. Occupancy Certificate.
9. Penalty for misrepresentation of the facts.
10. Enforcement.
2 [Act No.12 of 2020]
CHAPTER - IV
MISCELLANEOUS
11. Combined Application Form (CAF).
12. Filing of Application Forms.
13. Power to call additional information.
14. Self-Certification.
15. Time Limits for processing of applications.
16. List of Deemed Approvals.
17. Acknowledgement and information of rejection of
application.
18. Review of District level cases.
19. Review of State Level cases.
20. Exemption.
21. Penalty.
22. Right to clearances under TS-bPASS.
23. Offences by Companies, etc.,
24. Act to override other Laws.
25. Powers to remove doubts or difficulties.
26. Powers to give directions.
27. Savings.
28. Power to make rules.
THE TELANGANA STATE BUILDING PERMISSION
APPROVAL AND SELF CERTIFICATION SYSTEM
(TS-bPASS) ACT, 2020.
ACT No. 12 OF 2020.
[19th September, 2020]
AN ACT TO PROVIDE SPEEDY APPROVAL OF LAYOUTS /
BUILDING PERMISSIONS IN A TRANSPARENT AND
TIME BOUND MANNER AND STRICT ENFORCEMENT
AGAINST UNAUTHORISED DEVELOPMENTS,
CONSTRUCTIONS IN THE STATE OF TELANGANA
AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislature of the Sta te of
Telangana in the Seventy -first Year of the Republic of India
as follows:-
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the “TELANGANA STATE
BUILDING PERMISSION APPROVAL AND SELF
CERTIFICATION SYSTEM (TS-bPASS) ACT, 2020”.
(2) It extends to the whole of the State of Telangana.
(3) It shall come into force on such date as the State
Government may by notification in the Telangana State
Gazette, appoint.
Received the assent of the Governor on the 19th September, 2020.
Short title, extent
and
commencement.
2 [Act No.12 of 2020]
2. In this Act, unless the context otherwise requires,-
(1) “Acknowledgement” means the acknowledgement
issued under section 17 of this Act;
(2) “Application Form” means the online form for
submission of application for Certificate of Registration /
Instant Building Approval / Building Permission / approval,
as may be prescribed;
(3) “Authorized Representative of the Nodal Agency”
means Additional Collectors (Loca l Bodies) / Additional
Collector of District / any other officer as notified for all
Municipalities / Municipal Corporations vested in concerned
District;
(4) “Check List” means the list as may be prescribed in
the application under this Act;
(5) “Clearances” means grant or issue of no -objection
certificate, allotments, consents, approvals, permissions,
registrations, enrollments, licenses and the like, by any
competent authority or authorities, un der the provisions of
this Act;
(6) “Commissioner” means the Commissioner of the
Municipality or of the Municipal Corporation;
(7) “Company” means a company as defined in the
Companies Act, 2013, and includes any foreign company;
(8) “Competent Authority” means the Commissioner of
the concerned Municipality / Municipal Corporation as the
case may be;
(9) “Development” means the carrying out of any activity
of construction or building, or other operations in, or over, or
Definitions.
Central Act No.18 of
2013.
[Act No.12 of 2020] 3
under land or water, or the making of any material changes
or otherwise, in any building or land or any part thereof, or
in the use of any building or land, and includes any repairs
or redevelopment and layout and sub -division of any land
and the words “to develop” shall be construed accordingly;
(10) “District Collector” means the District Collector
incharge of a District;
(11) “District Committee” means the “District TS -bPASS
Committee” constituted under section 3 of this Act;
(12) “District Level TS -bPASS Committee” is the District
Level Committee (Single Window Committee) constituted by
the Government under section 3 of this Act;
(13) “Fee Receipts” means online payment receipt or
the original challan receipts issued by the Government
Treasury as a proof of paymen t or demand drafts issued by
a Scheduled Commercial Bank;
(14) “Form for informing deemed approval” means the
format (including online) in which the deemed approval is
issued;
(15) “Government” means the Government of
Telangana;
(16) “High-rise build ing” means and includes all
buildings with 18 meters or more in height measured from
the average level of the central line of street on which the
site abuts, staircase rooms, lift rooms, chimneys, elevated
tanks above the topmost floor and architectural fe atures are
excluded from the height of such building;
(17) “Land” includes land which is being built upon or is
built upon or covered with water, benefits to arise out of
4 [Act No.12 of 2020]
land, things attached to the earth or permanently fastened
to anything attached to the earth and rights created by
legislation over any street;
(18) “Licensed Technical Personnel” is a Licensed
Architect or Engineer or Town Planner or Structural
Engineer or Surveyor or any other technical person as
prescribed to plan, design and superv ise for carrying out
layout and building developmental activities, and also to
issue certificate of supervision of such a development of
land and building in municipal areas;
(19) “Master Plan” means a comprehensive plan
showing therein the existing and proposed locations and
general layout of (a) arterial streets and transportation lines,
(b) residential areas, (c) commercial areas, (d) industrial
areas, (e) educational institutions, (f) public parks,
playgrounds and other recreational places, (g) public and
semi-public buildings, and (h) any other places put to any
specified use or earmarked and proposed to be used for
any of the purposes as mentioned in this definition and as
provided under this Act;
(20) “Nodal Agency” means the agency notified at the
State level or at the District level under section 5 of this Act;
(21) “Notification” means a notification published in the
Telangana Gazette and the word ‘notified’ should be
construed accordingly;
(22) “Owner” means and includes,-
(i) the person for the time being receiving or entitled
to receive, whether on his own account or as agent, trustee,
guardian, manager or receiver for another person or estate
for any religious or charitable purposes, the rent or profits of
the property in connection with which the word is used;
[Act No.12 of 2020] 5
(ii) the person for the time being in charge of the
animal or vehicle in connection with which the word is used;
(23) “Prescribed” means prescribed by the rules made
under this Act;
(24) “Register of Applications” means the Register
prescribed in which the details of the applications are
entered;
(25) “Right to clearances under TS -bPASS” means a
system bestowed for clearances, same as in the lines of
Right to Information Act, which enables imposing of penal
action on officers responsible for delay;
(26) “Self-Certification” means an official statement that
a person make about himself, e specially while applying for
municipal services;
(27) “Self-Declaration” means the act of declaring
something that is stated or made known in an official or
public way by the individual;
(28) “Single Window System” is a facility to process the
applications for permission through online by streamlining
the different processes and approvals, in order to act as a
single point of contact for requesting various services,
submission of documents and payment of fees as
prescribed;
(29) “State Committee” means the “State TS -bPASS
Committee” constituted under section 4 of this Act;
(30) “Time Limit” means the number of working days
within which a decision has to be taken by the concerned
Municipality/Municipal Corporation or any line Department
Central Act No.22 of
2005.
6 [Act No.12 of 2020]
involved in granting NOCs/clearances, from the date of
receipt of application;
(31) “Telangana State Building Permission Approval and
Self-Certification System (TS -bPASS)” means a body
constituted under this Act meant for according clearances
and approval for manufacturing proposals;
(32) The words and expressions used in this Act, but not
defined shall have the meanings assigned to them in the
relevant Acts.
CHAPTER - II
CONSTITUTION, POWERS AND FUNCTIONS OF THE
DISTRICT COMMITTEES, STATE COMMITTEE AND NODAL
AGENCIES
3. (1) The State Government may, by notifications,
constitute a “District Level TS -bPASS Committee” for each
district / GHMC, which shall consist of the District Collector
as the Chairman and Commissioner GHMC as Chairman in
case of GHMC, Additional Collector as Member -Convener
and District Level / Regional Level officials of relevant
departments as members for such term as may be specified
in the notification.
(2) The District Level Committee shall be the Competent
Authority at the district level and exercise the following
powers and perform the following functions namely:-
(i) to meet at such times and places as the Chairman
of the Committee may decide and shall transact business as
per the procedure as may prescribed;
(ii) to review and monitor the processing of
applications by the competent authorities;
Constitution,
powers and
functions of
District
Committee.
[Act No.12 of 2020] 7
(iii) to forward cases with remarks and relevant
documents to the State Committee for decision;
(iv) to invite competent authorities or experts, who are
not members of the Committee, as special invitees for any
meeting of the District Committee as desired by the
Chairman of the Committee;
(v) the Member of the District Committee shall attend
the meeting convened under clause (i) personally and in
case he is unable to attend the meeting, he may depute a
senior level officer with a written authorization to take
appropriate decision in the meeting;
(vi) such other powers and functions as may be
prescribed;
(vii) monitoring and reviewing in District performance
with respect to clearances and permissions in all ULBs
within the District;
(viii) monitoring the disposal of all applications
received under TS-bPASS strictly within the prescribed time
line;
(ix) keeping record of dashboard and MIS reports
pertaining to all applications received under TS-bPASS;
(x) review of rejected cases/reasons for delay in
approvals and ensuring disposals of applications in
stipulated time period as per the provisions of this Act,
building rules and prescribed procedures;
(xi) reporting to Government with respect to status/
pendency of applications received under TS-bPASS;
8 [Act No.12 of 2020]
(xii) constituting the post verification teams drawing
the officials from the following Departm ents, Roads and
Buildings Department, Panchayat Raj Department, Irrigation
Department to conduct post verification of site conditions;
title aspects, technical aspects and violations if any, with
reference to the information furnished by the applicant at the
time of obtaining building permission through online. In
case of GHMC, the special task force headed by the Zonal
Commissioner shall constitute post verification teams as
prescribed;
(xiii) managing the activities of post verification
teams;
(xiv) constituting required number of enforcement
squads (demolition squads) duly evaluating the requirement
depending on the quantum of construction activity in the
Municipalities/ Municipal Corporations in the District;
(xv) monitor the complaints received from the citizens
and their redressal by all the line Departments / Agencies
involved in issuing Building/Layout permissions or
clearances;
(xvi) the District level TS -bPASS Committee shall
meet twice in a month preferably first and third week or
alternatively second and fourth week of every month as
decided by the Chairman of the Committee;
(xvii) the District Level TS -bPASS Committee will act
as a District Task Force (DTF) at District level to detect and
monitor the unauthorized constructions, unau thorized
layouts and take timely enforcement action. In respect of
GHMC, there will be a special task force constituted for each
zone headed by Zonal Commissioner.
[Act No.12 of 2020] 9
4. (1) The Government may, by notification, constitute a
State Committee known as the “State TS -bPASS
Committee”, which shall consist of Principal Secretary /
Secretary MA&UD as the Chairman and the Commissioner
and Director of Municipal Administration as the Member -
Convener with HODs of the relevant departments as other
members for such term as may be specified in the
notification.
(2) The State Committee shall be the Competent
Authority at the State Level and exercise the following
powers and perform the following functions namely:-
(i) to meet at such times and places as the Chairman
of the Committee may decide and shall transact business as
per the procedure as may be prescribed;
(ii) to review and monitor the processing of
applications by the Competent authorities and Distri ct
Committees and to forward the orders of the competent
authority to the applicant;
(iii) to forward specific cases with remarks and
relevant documents to the State Government for decision;
(iv) to invite competent authorities or experts, who are
not members of the Committee, as special invitees for any
meeting as desired by the Chairman of the State
Committee;
(v) the Member of the State Committee shall attend
the meeting convened under clause (i) personally and in
case he is unable to attend the meeting, he may depute a
senior level officer with a written authorization to take
appropriate decision in the meeting;
Constitution,
powers and
functions of State
Committee.
10 [Act No.12 of 2020]
(vi) such other powers and functions as may be
prescribed from time to time;
(vii) monitoring and reviewing the Departmental (lin e
departments) performance with respect to clearances /
permissions and issue necessary instructions to the District
Level TS -bPASS Committee/ULBs line Department to
expedite the approvals under TS-bPASS;
(viii) review the functioning of District Level TS-bPASS
Committees, District Task Force (DTF), PMU and Chasing
Cell and issue necessary instructions as may be required for
implementation of TS-bPASS.
5. The State Government may, by notification, appoint a
Nodal Agency at the State level for implementation of
TS-bPASS and to coordinate with District Collectors,
Members of TS -bPASS Committee and to provide
necessary logistic support/secretarial support/
administrative clearances for implementation of TS -bPASS
in the State.
CHAPTER - III
DEVELOPMENT OF LAND AND CONSTRUCTION OF
BUILDING
6. (1) The applications for Layouts will be processed
through the Self-Certification System in accordance with the
Layout rules, and as notified in the Master Plan or Detailed
Planning Scheme or Local Area Plan, in the manner as may
be prescribed. Once all requisite documents are submitted
and required fee is paid throug h a web -based online
system, the tentative Layout Plan shall be approved within a
period of 21 days and will be communicated online in order
to carry out the infrastructure activities and provision of
amenities in the defined time frame.
Constitution,
powers and
functions of Nodal
Agency.
Development of
Land and making
of Layout.
[Act No.12 of 2020] 11
(2) There shall be a District Level Committee which will
verify, in the manner as may be prescribed, the actual
development and implementation of the layout and whether
it is in conformity with the tentative layout approval as given
in sub-section (1).
(3) The Government may constitute a Layout Approval
Committee for every district under the Chairmanship of
District Collector with Superintendent Engineers or
Executive Engineers of Roads and Buildings Department,
Panchayat Raj Department and Irrigation Department to
process the application for Approved Layout Plan, in the
manner as may be prescribed. In case of GHMC, the
committee will be headed by the Commissioner, GHMC.
(4) Upon completion of the Layout, the owner or
developer, shall submit online application along with the self
certification duly attested by Licensed Technical Personnel,
in the manner as prescribed declaring that the development
in the layout is as per norms. The developer shall also
register all the roads and open spaces in the Layout in favo r
of Municipality. This is a pre -condition to be eligible to get
the final layout approval. Based on the self certification of
completion and upon registering the open spaces including
roads in favor of the municipality, the approved layout plan
shall be p rocessed and approved by the layout approval
committee constituted under sub -section (3) and shall be
issued online to the developer.
(5) In case, the layout was obtained by making a false
statement or misrepresentation of any material facts, the
same sh all be revoked as per the procedure, as may be
prescribed.
(6) Government may constitute special task force at the
District level / GHMC level to take action against
unauthorized layouts in the manner as prescribed. The
12 [Act No.12 of 2020]
special task force at District lev el / GHMC shall inspect the
unauthorized layouts and take action against all such
unauthorized layouts.
7. (1) No piece of land shall be used as a site for the
construction of a building, and no building shall be
constructed or reconstructed, and no addition or alteration
shall be made to an existing building without the self
certification based declarations or the required approval in
the manner prescribed, relating to the use of building sites
or the construction or reconstruction of buildings:
Provided that the Government may exempt certain
buildings from taking building permission under this section,
in the manner prescribed.
(2) For plot size upto 75 square yards (63 square
meters), and the construction of ground or ground plus one
floor, will not require any permission. The applicant however
need to register online with a token amount of Rs.1 and duly
self certifying his title, the size of the plot and floors, it shall
also not require a completion certific ate or occupancy
certificate. Any plot bigger than 75 sq yards cannot be split
for this purpose or this provision cannot be misused for
taking up constructions in government or prohibited or
disputed land and action as prescribed shall be initiated for
violations noticed.
(3) Plot size upto 500 square meters and height upto 10
meters: The permission applications for all the individual
residential buildings having plot area of 500 square meters
and less and building height of 10 meters as specified, shall
be processed through an online based Self -Certification
System in accordance with the Master Plan or Detailed
Planning Scheme or Local Area Plan and the building rules
and in the manner prescribed, and upon furnishing all
required information details shall get instant online approval.
Approval of
Building
permissions.
[Act No.12 of 2020] 13
(4) The onus to ensure authenticity of self -certification
and compliance with the self -certification lies with the
applicant, who shall be held personally accountable and
liable in case of false declaration and action shall be initiated
against the said person, as prescribed.
(5) The owner or developer shall along with the building
application form, submit an undertaking that in case of any
actual construction made by him or her in violation of
sanctioned plan, the Governmen t or the Commissioner or
the Agency authorized by him or her shall take -up the
demolition without issuance of any notice. Further, the
District level committee may verify the documents so
submitted, and in case of any misrepresentation or false
statement, the action shall be taken as prescribed.
(6) Citizens shall be encouraged to bring to the notice of
Municipality and District Collector cases where unauthorized
construction or construction in violation of or in excess of
permissions, in the manner prescribed. The identity of such
informers shall be kept confidential. All such cases shall be
examined within a week from such information and
appropriate action initiated. The informant shall be
incentivized in all such cases where the information
furnished by him is found to be correct.
(7) Plot size above 500 square meters and height above
10 meters: There shall be a single window system in case of
applications for building permission in plots of area above
500 square meters and height above 10 meters and all
Commercial Buildings, High Rise Buildings, Group
Development Schemes, Group Housing, Apartment
Complexes, Multiplexes, Non Residential Buildings and
other such constructions, which require multiple NOCs, one
common application form shall be submit ted through web
based online system as prescribed.
14 [Act No.12 of 2020]
(8) The online application has to be submitted with all
requisite documents as may be prescribed. The online
system shall not accept the application unless all such
documents are submitted. Such document s upon
submission shall be examined by the single window
committee set up for this purpose and shortfalls or
incompleteness or cases where further information or
clarification is needed shall be communicated to the
applicant within 10 days from the date of applying, in such
manner, as may be prescribed.
(9) In all other cases, the applications for building
permissions accompanied by all valid and required
documents, as required and prescribed, shall be sanctioned
within 21 days and in such manner, as may be prescribed.
(10) If no order is issued on the building application
within the time prescribed, then the approval will be deemed
to have been issued, as may be prescribed. The official
concerned shall be liable for disciplinary action, if there has
been a delay in arriving at a decision within the time period.
(11) The permission issued under deemed clause can
be revoked by the commissioner within 21 days from the
date of deemed approval if it is found that deemed approval
has been obtained by mis -representation of the facts or
false statements, and/or against the building rules,
regulations and Master Plan land use provisions.
8. (1) In case of non -high rise buildings constructed in
plots above 200 square meters and less than 500 square
meters, the Occupancy Certificate will be issued through
online based on the Self Certification submitted by the
Owner or Builder in the prescribed proforma duly attested
by the Licensed Technical Personnel, stating that the
building has be en constructed as per the sanctioned plan
and as per rules and regulations in force.
Occupancy
Certificate.
[Act No.12 of 2020] 15
(2) The onus to ensure authenticity of self -declaration
and compliance with the Self-Certification lies on the Owner,
Applicant and Licensed Technical Personnel, who shal l all
be held personally responsible and accountable in case of
false declaration, and the Owner, Applicant and the
Licensed Technical Personnel, will be liable for punishment
as provided in section 9.
(3) In case of High rise Buildings and Buildings
constructed in plots 500 square meters and above, the
applicant shall submit online Self Certification in the
prescribed proforma duly attested by the Licensed
Technical Personnel, that the building has been constructed
as per the sanctioned plan and as per r ules and regulations
in force and based on the Self Certification, Occupancy
Certificate and mortgage shall be issued within 15 days from
the date of receipt of application.
9. The onus to ensure authenticity of self -declaration and
compliance with the Self -Certification lies with the Owner,
Applicant and Licensed Technical Personnel. He/she will be
held personally responsible and accountable in case of false
declaration, the Applicant and the Licensed Technic al
Personnel will be liable for punishment which includes
imprisonment upto three years, levy of penalty, demolition
or taking over or sealing of the property without any notice
besides cancelling the Licenses of License Technical
Personnel (LTP) and forfe iting the mortgaged plots in case
of layout or mortgaged built up area flats in case of
buildings.
10. (1) Government may constitute a special task force at
the District level / GHMC level to detect and monitor the
unauthorized constructions and take timely enforcement
action in the manner as prescribed.
Penalty for
misrepresentation
of the facts.
Enforcement.
16 [Act No.12 of 2020]
(2) Upon detection of construction or reconstruction of
any building which has been commenced without obtaining
the permission of Commissioner or carried out or completed
otherwise than in accordance with the sanctioned Master
Plan or Detailed Town Planning Scheme or Local Area Plan
or in breach of any of the provisions of this Act, or any rule
or regulation or bye -laws made under this act, the
Commissioner or the Agency authori zed by him shall take
up the demolition of the unlawfully executed work and
recover the cost incurred for doing so, from the owner.
(3) The Registration Authority shall not register any
Building or Structure or part of the Building without the
production of sanctioned plan approved by the Municipality.
(4) The electricity and water supply connection shall be
given to buildings which have obtained necessary
authorization in the manner as prescribed.
(5) During the construction of the Building the owner or
Builder shall upload the photographs at different stages of
the construction as prescribed.
(6) Whenever a complaint or case is brought by any
Citizen regarding the unauthorized construction or
constructions in deviation to the sanctioned plan, it sh all be
examined within a week from its receipt and necessary
action initiated.
CHAPTER - IV
MISCELLANEOUS
11. (1) It shall be competent for the Government to
prescribe combined application forms which may consist
of,-
Combined
Application Form
(CAF).
[Act No.12 of 2020] 17
(a) forms under Central enactments without any
change; and
(b) existing forms or new forms in lieu of the existing
forms under State enactments.
(2) All Departments or Authorities concerned shall
accept such application forms for processing a nd issue of
required clearances.
12. All applications for clearances shall be submitted with
the required fees in the prescribed manner to the competent
authority.
13. On receipt of application, the competent authority shall
have power to obtain further additional information from the
applicant as required by him, while furnishing a copy of the
same to the Nodal Agency.
14. (1) Every applicant shall furnish a ‘Self-Certification’ at
the time of submitting application form to the Competent
Authority, undertaking in such form and manner as may be
prescribed, that he shall comply with the applicable
provisions of the relevant Acts and the rules made there
under.
(2) The self -certification furnished by the applicant shall
be accepted by the concerned Departments and Authorities
for the purpose of issue and granting clearance/
permissions.
15. Notwithstanding anything contained in any State law for
the time being in force,-
(1) The Government may lay down the procedure for
processing and disposal of applications.
Filing of
Application
Forms.
Power to call
additional
information.
Self-Certification.
Time Limits for
processing of
applications.
18 [Act No.12 of 2020]
(2) The Competent Authority may ask for additional
information at any time before the expiry of the period
stipulated for the disposal of such clearance:
Provided that such request for additional information
should be made only once by the competent authority. After
receipt of the additional information, the Competent
Authority shall pass orders on the application before the
expiry of the stipulated time from the date of receipt of such
additional information.
16. (1) While prescribing time limits, the State Government
may notify the clearances in respect of which failure of the
competent authority to pass final orders on the application
within the stipulated time shall result in deemed approval.
(2) The applicant may proceed to execute the work or
take other action following the provisional or deemed
approval given at by the Competent Authority, but not so as
to contravene any of the provisions of the Acts or rules or
bye-laws applicable to such clearances.
17. The appropriate Competent Authorities shall
acknowledge the receipt of application, the date on which
the application was received by the Competent Authority
and inform the applicant within the time, in the case of
rejection of application.
18. Notwithstanding anything contained in any State law, for
the time being in force,-
(1) The District Committee may, either suo -motu or on
an application, examine any order passed by any
competent authority, rejecting any clearance or approving it
with modification, and i f the District Committee considers
that there are valid grounds for a change in such decision, it
List of Deemed
Approvals.
Acknowledge-
ment and
information of
rejection of
application.
Review of District
level cases.
[Act No.12 of 2020] 19
shall forward such case to the State Committee with
remarks and relevant documents for a decision;
(2) The State Committee shall examine all cases
referred to it by the District Committee and pass appropriate
orders;
(3) The decision taken by the State Committee shall be
binding on the District Committee and the respective
Competent Authorities.
19. Notwithstanding anything contained in any State law, for
the time being in force, the State Committee may, either
suo-motu or on an application, examine any order passed
by any competent authority, rejecting any clearance or
approving it with modification, and if the State Committ ee
considers that there are valid grounds for a change in such
decision, it shall forward such case to the Government with
remarks and relevant documents for a decision.
20. The State Government may, by notification, exempt any
clearances from any of the provisions of the Act.
21. Any applicant who fails to comply with the conditions or
undertaking in self-certification given to the Nodal Agency or
other department or authorities shall be punishable with fine
as prescribed by gov ernment from time to time as well as
rectification of the defect.
22. (1) Provision of “Right to Clearances under TS -bPASS”
system to the applicant to know the reasons for delay and to
cause the imposition of penalties to the designated officers
of the competent authority.
(2) The State Government may, by notification, create a
“Grievance Redressal Mechanism” to effectively deal with
Review of State
Level cases.
Exemption.
Penalty.
Right to
clearances under
TS-bPASS.
20 [Act No.12 of 2020]
the grievances that may be filed by applicants under the TS -
bPASS process.
23. (1) Where an offence under this Act is committed by a
Company, the company as well as every person in charge
of and responsible to the company for the conduct of its
business at the time of commission of the offence, sha ll be
deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub -section shall
render any such person liable to any punishment if he
proves that the offence was com mitted without his
knowledge or that he exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub -section
(1), where an offence under this Act has been committed
with the consent or connivance of, or that commission of the
offence is attributable to any neglect on the part of any
Director, Manager, Secretary or other Officer, such Director,
Manager, Secretary or other Officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation: For the purpose of this section-
(a) “Company” means a company as defined in the
Companies Act, 2013, and includes any foreign company;
(b) “Director” in relation to a firm means a partner in
the firm.
24. (1) Save as otherwise provided in this Act, the
provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other State
Offences by
Companies, etc.,
Central Act No.18 of
2013.
Act to override
other Laws.
[Act No.12 of 2020] 21
law for the time being in force or any custom or usage or
any instrument having effect by virtue of any such law.
(2) The provisions of this Act will supersede the relevant
provisions of Greater Hyderabad Municipal Corporation Act
and Hyderabad Metropolitan Development Authority Act
relating to building permissions and enforcement.
25. If any doubt or difficulty arises in giving effect to the
provisions of this Act, the Government may, by order, make
provisions or give such directions, not inconsistent with the
provisions of this Act, as may appear to it to be necessary or
expedient for the removal of the doubt or difficulty.
26. The State G overnment may, from time to time, issue to
the State Committee or the District Committees such
general or special directions of policy as they may deem
necessary or expedient for the purpose of carrying out the
objects of this Act and the said State Commit tee or the
District Committees, as the case may be, shall be bound to
follow and act upon such directions.
27. The provisions of this Act shall not apply to any
clearances required under Central enactments.
28. (1) The Government may by notification make rules for
carrying out all or any of the purposes of this Act;
(2) Every rule made under this Act, shall immediately
after it is made be laid before the Legislature of the State, if it
is in session and if it is not i n session in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions and if before the expiry of session in
which it is so laid or the session immediately following, the
Legislature agrees in making any modification in the rule or
in the annulment of the rule, the rule shall, from the date on
Powers to give
directions.
Act No.II of 1956.
Act No.8 of 2008.
Powers to remove
doubts or
difficulties.
Savings.
Power to make
rules.
22 [Act No.12 of 2020]
which the modification or annulment is notified, have effect
only in such modified form or shall stand annulled, as the
case may be, so however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that rule.
* * *