LexThe Hyderabad Metropolitan Development Authority Act, 2008.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE HYDERABAD METROPOLITAN DEVELOPMENT AUTHORITY
ACT, 2008.
(ACT NO. 8 OF 2008)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
THE HYDERABAD METROPOLITAN DEVELOPMENT
AUTHORITY
3. Declaration of Hyderabad Metropolitan region.
4. Constitution of the Hyderabad Metropolitan
Development Authority.
5. Constitution of Executive Committee.
6. Powers & Functions of the Metropolitan Development
Authority.
7. Power of Metropolitan Development Authority to appoint
Committees, engage auditors and consultants and
constitute functional units.
8. Metropolitan Development Authority ordinarily not to
provide for matters falling within obligatory and
discretionary duties of local bodies except for integrated
development of the Development Area.
9. Staff of the Metropolitan Development Authority.
9-A. Appointment of Officers and employees.
9-B. Constitution of Common Municipal Service.
2 [Act No. 8 of 2008]
10. Pension and Provident Fund.
CHAPTER III
METROPOLITAN DEVELOPMENT AND INVESTMENT
PLAN AND AREA DEVELOPMENT PLANS
11. Preparation and contents of Metropolitan Development
Plan and Investment Plan.
12. Power to undertake preparation of Area Development
Plans/Action Plans.
13. Submission of Plan to Government for sanction.
14. Sanction of Plan by Government.
15. Modifications to the Metropolitan Development Plan and
Investment Plan.
CHAPTER IV
UNIFIED METROPOLITAN TRANSPORT AUTHORITY
16. Constitution of the Unified Metropolitan Transport
Authority.
17. Powers and functions of the Unified Metropolitan
Transport Authority.
CHAPTER V
PROMOTION OF DEVELOPMENT AND USE OF
LANDS
18. All development powers of land to vest with
Metropolitan Development Authority.
19. Development permission mandatory for undertaking
development.
20. Application for Land Development Permission.
21. Lapse of Development Permission.
22. Revoking of permission.
[Act No. 8 of 2008] 3
23. Deviations during development/ undertaking of layout
works and unauthorized development/ constructions.
23-A. Regulation and penalization of buildings constructed
unauthorizedly or in deviation of sanctioned plan.
24. Land Pooling Scheme.
25. Private Sector Land Pooling Scheme.
26. Cost of Land Pooling Scheme.
27. Notification and effect of Land Pooling Scheme.
28. Power to undertake development scheme.
29. Preparation of development scheme.
30. Publication of area development plan/development
scheme and approval.
31. Power of the Metropolitan Development Authority in
case of default.
CHAPTER VI
ACQUISITION, ASSEMBLY AND DISPOSAL OF LANDS
32. Power to acquire land under the Land Acquisition Act,
1894.
33. Transfer of Government lands to the Metropolitan
Development Authority.
34. Acquisition of land by way of Negotiated Settlement.
35. Acquisition of land by way of Transferable Development
Right.
36. Acquisition of land and built up space by way of
Accommodation Reservation.
37. Disposal of land and other property by the Metropolitan
Development Authority.
38. Creation and management of Development Land Bank.
4 [Act No. 8 of 2008]
CHAPTER VII
FINANCE, ACCOUNTS, BUDGET AND AUDIT
39. Creation of Metropolitan Development Fund.
40. Metropolitan Development Fund and its application.
41. Contribution by the Urban Local Authority.
42. Power to levy specific cess for capital infrastructure
projects.
43. Budget of the Metropolitan Development Authority.
44. Annual and Plan Report.
CHAPTER VIII
LEVY, ASSESSMENT AND RECOVERY OF
DEVELOPMENT CHARGE & USER CHARGE
45. Levy of Development Charge.
46. Assessment & Recovery of Development Charge.
47. Levy of user charges.
48. Recovery of arrears.
CHAPTER IX
RELATIONS BETWEEN THE GOVERNMENT,
METROPOLITAN DEVELOPMENT AUTHORITY AND
THE LOCAL AUTHORITIES
49. Control by Government.
50. Returns and information.
CHAPTER X
MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS
51. Power of entry and power of Metropolitan Development
Authority to demarcate alignments and reservations as
per Statutory Plan.
52. Power to delegate.
[Act No. 8 of 2008] 5
53. Effect of other laws.
54. Certain Plans already prepared and sanctioned deemed
to have been prepared and sanctioned under this Act.
55. Power to give directions.
56. Power to make rules.
57. Power to make regulations.
58. Dissolution of Hyderabad Urban Development Authority
and vesting in the Hyderabad Metropolitan
Development Authority.
THE HYDERABAD METROPOLITAN DEVELOPMENT
AUTHORITY ACT, 2008.1
ACT No.8 OF 2008.
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Hyderabad Metropolitan
Development Authority Act, 2008.
(2) It shall come into force on such date as the
Government may by notification appoint.
2. 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;
(2) ‗Agriculture Use‘ means any land used for
cultivation of crops, plants, vegetables, growing of trees,
orchard and includes allied activities like animal breeding
and rearing, dairying and poultry;
(3) ‗Amenity‘ includes road, water supply, drainage,
sewerage, street lighting, communication network, irrigation
works and other public works, tourist spots, open spaces,
1. The Hyderabad Metropolitan Development Authority Act, 2008
received the assent of the Governor on the 16 th April, 2008. The said Act
in force in the combined State as on 02.06.2014, has been adapted to
the State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification
issued in G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
Short title and
commencement.
Definitions.
2 [Act No.8 of 2008]
parks, landscaping and play fields and such other
conveniences and utilities as the State Governm ent may
specify by notification to be an amenity for the purposes of
this Act;
(4) ‗Area Development Plans or Action Plans ‘ means
the plans prepared under the provisions of section 11 of this
Act;
(5) ‗Building‘ includes any structure or erection or pa rt
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 rebuilding
operations, structural alterations or additions to buildings
and other operations normally undertaken in connection
with the construction of buildings;
(7) ‗Company‘ means a body corporate registered
under 2the Companies Act, 1956 and includes a firm or an
association of individuals;
(8) ‗Development‘ with its grammatical variation 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, and
includes redevelopment, reclamation of land, co nservation
of environment, forming of layouts and sub -division of any
land into plots and development of amenities;
(9) ‗Engineering Operations ‘ includes the formation or
laying of roads, drainage, water supply, electricity, gas,
irrigation works and development of such other amenities;
2. Now see the Companies Act, 2013 (Act No.18 of 2013).
[Act No.8 of 2008] 3
(10) ‗Government Company ‘ means a Government
Company or corporation registered under the Companies
Act, 1956 which has one of its objects , the development of
an area;
(11) ‗Hyderabad Metropolitan Region ‘ means the area
comprised such areas as the Government may by
notification specify from time to time under section 3;
(12) ‗Land‘ includes benefits to arise out of land, things
attached to the earth or permanently fastened to anything
attached to the earth;
(13) ‗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 shall deemed to
include subsidiary land uses which are contingent upon it;
(14) ‗Local Authority‘ means,-
(a) Municipal Corporation constituted under the
provisions of the 3[Greater Hyderabad Munic ipal
Corporation Act, 1955]; or
(b) Municipality or a Nagar Panchayat constituted or
deemed to be constituted or a Committee appointed for a
Notified Area under the provisions of the 4[Telangana
Municipalities Act, 1965]; or
(c) Gram Panchayat constituted under the provisions
of 5the Telangana Panchayat Raj Act, 1994;
3. Adapted in G.O.Ms.No.134, Municipal Administration & Urban
Development (F2) Department, dated 13.10.2015.
4. Adapted in G.O.Ms.No.142, Municipal Administration & Urban
Development (A2) Department, dated 29.10.2015.
5. Now see the Telangana Panchayat Raj Act, 2018 (Act No.5 of 2018).
4 [Act No.8 of 2008]
(15) ‗Metropolitan Development Authority ‘ means the
Hyderabad Metropolitan Development Authority constituted
under section 4;
(16) ‗Metropolitan Development and Investment Plan ‘
means a set of plans for promoting the development of the
Hyderabad Metropolitan region prepared under section 11
and sanctioned by the State Government under section 13
of this Act;
(17) ‗Notification‘ means a notification published in the
6Telangana Gazette and the word ‗notified‘ shall be
construed accordingly;
(18) ‗Occupier‘ means a person, including a firm or
other body of individuals whether incorporated or not, who
occupies land or building sold, leased or transferred to him/
them in any manne r and includes his/their successors and
assignees;
(19) ‗Owner‘ means a person, group of persons, a
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;
(20) ‗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 metropolitan region or for any
area;
(21) ‗Prescribed‘ means prescribed by rules made
under this Act;
6. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
[Act No.8 of 2008] 5
(22) ‗Regulation‘ means a regulation made under
section 57 of this Act;
(23) ‗Residence‘ includes the use of any land or
building or part thereof for human habitation and the
expression ― Residential use ‖ shall be construed
accordingly;
(24) ‗Scheme‘ means a scheme or policy or
directives/guidelines prepared under this 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 a local area or District;
(25) ‗Sectors of Metropolitan development ‘ means and
includes traffic and transportation facilities, housing, new
townships, circulation network, community facilities, work
centers, open spaces and environment, eco logical
development, leisure, tourism and recreation facilities;
(26) ‗Zone‘ means any one of the divisions in which a
region may be divided for the purposes of securing,
promoting and regulating development under this Act, and
the expression ―Zoning Regulation‖ shall be construed
accordingly.
CHAPTER II
THE HYDERABAD METROPOLITAN DEVELOPMENT
AUTHORITY
3. (1) As soon as may be, after the commencement of the
Act, the Government may, by notification declare the
Hyderabad Metropolitan region consisting of such urban or
rural areas as a development area for the purposes of the
Act.
Declaration of
Hyderabad
Metropolitan
region.
6 [Act No.8 of 2008]
(2) The Government may, by notification and in
accordance with such rules as may be made in this behalf,-
(a) exclude from a development area any area
comprised therein, or
(b) include in development area any other area.
(3) The provisions of sub -sections (3) to (8) of section
13 of the 7Telangana Urban Areas (Development) Act, 1975
shall mutatis mutandis applicable for the purpose of this Act.
4. (1) As soon as may be, after the date of
commencement of this Act, the Government may, by
notification constitute the Hyderabad Metropolitan
Development Authority for the Hyderabad Metropolitan
region notified under section 3.
(2) The Metropolitan Development Authority,-
(i) shall be a body corporate and shall have perpetual
succession and a common seal; and
(ii) subject to such restrictions imposed by or under
this Act, may sue or be sued in its corporate name.
(3) The Metropolitan Development Authority shall
consist of the following members:-
(i) The Chief Minister of 8Telangana, who shall be the
Chairman;
7. Adapted by G.O.Ms.No.148, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
8. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
Constitution of the
Hyderabad
Metropolitan
Development
Authority.
[Act No.8 of 2008] 7
(ii) The Minister of Municipal Administration, who shall
be the Vice-Chairman;
(iii) The Mayor, Greater Hyderabad Municipal
Corporation;
(iv) Chief Secretary to the Government;
(v) Principal Secretary/Secretary, Municipal
Administration & Urban Development Department;
(vi) Principal Secretary/Secretary, Revenue
Department;
(vii) Principal Secretary/Secretary, Industries &
Commerce Department;
(viii) Principal Secretary/Secretary, Transport, Roads
& Buildings Department;
(ix) Principal Secretary/Secretary, F inance
Department;
(x) Principal Secretary/Secretary, Environment &
Forest Department;
(xi) Principal Secretary/Secretary, Panchayat Raj
Department;
(xii) Principal Secretary/Secretary, Home Department;
(xiii) A representative of Metropolitan Planning
Committee constituted under the provisions of the
9Telangana Metropolitan Planning Committee Act, 2007;
9. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
8 [Act No.8 of 2008]
(xiv) Vice -Chairman and Managing Director of the
10Telangana State Transmission Corporation (TSTRANSCO);
(xv) Vice -Chairman and Managing Director of the
10Telangana Industrial Infrastructure Corporation (TSIIC);
(xvi) Vice -Chairman and Managing Director of the
10Telangana State Road Transport Corporation (TSRTC);
(xvii) The Commissioner, Greater Hyderabad
Municipal Corporation;
(xviii) Four Members of the 10Telangana State
Legislative Assembly / Legislative Council representing the
Hyderabad Metropolitan Region nominated by the
Government;
(xix) Four elected members amongst the pers ons
representing the local authorities in the Hyderabad
Metropolitan Region;
(xx)The General Manager, South Central Railway;
(xxi) The Chief General Manager, Bharat Sanchar
Nigam Limited (BSNL);
(xxii) The Metropolitan -Commissioner 10[(in a senior
duty post of Indian Administrative Service)] 11[or Secretary]
Member-Convener;
(xxiii) Any other person nominated by the
Government.
10. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
11. Inserted by Act No.35 of 2008.
[Act No.8 of 2008] 9
(4) The members appointed under items (xviii), (xix)
and (xxiii) of sub -section (3) shall hold office for a period of
three years from the date on which they assume office and
shall be eligible for re -appointment on such conditions as
may be prescribed.
(5) The Government may, by notification , omit any
member of the Metropolitan Development Authority such
notification, shall be laid before the Legislature of the State.
5. (1) There shall be an Executive Committee of the
Metropolitan Development Authority consisting of,-
(i) The Metropolitan -Commissioner, who shall be the
Chairman;
(ii) The Commissioner of Greater Hyderabad
Municipal Corporation;
(iii) The Managing Director of Hyderabad
Metropolitan Water Supply & Sewerage Board (HMWS&SB);
(iv) The Managing Director and Vice -Chairman of the
12Telangana State Industrial Infrastructure Corporation
(TSIIC);
(v) The Vice-Chairman and Housing Commissioner of
the 12Telangana Housing Board (THB);
(vi) The Vice -Chairman and Managing Director of the
12Telangana State Road Transport Corporation (TSRTC);
12. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
Constitution of
Executive
Committee.
10 [Act No.8 of 2008]
(vii) A Member-Urban Planner, qualified and
experienced in urban planning, planning development
schemes and projects, nominated by the Government;
(viii) A Member-Engineer qualified and experienced in
execution of development schemes, projects, housing and
township schemes and infrastructure projects nominated by
the Government;
(ix) A Member -Finance, qualified and experienced in
accounting, budget, financial analysis, economic matters
relating to projects, audit, etc., nominated by the
Government;
(x) A Member -Estates, experienced in land
management, estates management and asset management,
nominated by the Government;
(xi) A Member -Environment qualified and
experienced in environmental aspects, greenery, water
bodies conservation and landscaping no minated by the
Government;
(xii) The Secretary to the Metropolitan Development
Authority who shall be qualified in business administration
and experienced management executive nominated by the
Government;
(xiii) The Collectors of all the Districts co vered by the
Hyderabad Metropolitan Region;
(xiv) Three non -officials, nominated by the
Government, who in the opinion of the Government have
special knowledge and expertise in the matters relating to
urban planning; urban management; infrastructure pla nning
and development respectively; and
[Act No.8 of 2008] 11
(xv) Any other person nominated by the Government.
(2) The members nominated under item s (vii) to (xii),
(xiv) and (xv) of sub-section (1), shall hold office for a period
of three years from the date on which th ey assume office
and shall be eligible for re -appointment on such conditions
as may be prescribed.
(3) The Government may , by notification , omit any
member of the Executive Committee. Such notification shall
be laid before the Legislature of the State.
(4) Subject to the general superintendence and control
of the Metropolitan Development Authority, the management
and administration of the affairs of the Metropolitan
Development Authority shall vest in the Executive
Committee.
(5) Subject to the direct ion and delegation of powers
by the Metropolitan Development Authority, the Metropolitan
Commissioner may exercise any power and do any act or
thing which may be exercised or done by the Metropolitan
Development Authority.
6. Subject to the provisions of this Act, the functions of
the Metropolitan Development Authority shall be,-
(1) to undertake preparation of Metropolitan
Development and Investment Plan, revision of the said Plan
and prioritize the implementation of the said Plan;
(2) to undertake execution of projects and schemes as
per the said Plan and/or through action plans for any sector
or area of the metropolitan region;
(3) an apex body for coordination, execution of the
projects or schemes for the planned development of the
Powers &
Functions of the
Metropolitan
Development
Authority.
12 [Act No.8 of 2008]
development areas and undertake such other measures in
the metropolitan region;
(4) to co -ordinate the development activities of the
Municipal Corporation, Municipalities and other local
authorities, the Hyderabad Metropolitan Water Supply and
Sewerage Board, the 13Telangana State Transmission
Corporation, the 13Telangana State Industrial Infrastructure
Corporation the 13Telangana State Road Transport
Corporation and such other bodies as are connected with
development activities in the Hyderabad Metropolitan
Region;
(5) to monitor, supervise or ensure adequate
supervision over the execution of any project or scheme, the
expenses of which in whole or in part are to be met from the
Metropolitan Development Fund;
(6) 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;
(7) to maintain and manage the Hyderabad
Metropolitan Development Fund and allocate finance based
on the plans and programmes of the local bodies for
undertaking development of amenities and infrastructure
facilities and to monitor and exercise financial control over
the budgetary allocations concerning devel opment works
made through it to the various public agencies, local bodies
and other agencies;
(8) to undertake by itself or through any agency, the
implementation of the area level plans, execution of works
13. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
[Act No.8 of 2008] 13
relating to infrastructure development, public amenities and
conservation of the environment;
(9) to create and manage the Hyderabad Metropolitan
Land Development Bank and take up land acquisition every
year as may be necessary for various public uses, township
development, infrastructure development , etc., allocation of
lands to local bodies and public agencies upon such terms
and conditions for undertaking development of amenities
and infrastructure facilities;
(10) to approve the land acquisition programmes/
proposals of the local authorities, ot her Departments and
functional agencies in the metropolitan region;
(11) to enter into contracts, agreements or
arrangements with any person, body or organization as the
Committee may deem necessary for the performance of its
functions;
(12) to acquire any movable or immovable property by
purchase, exchange, gift, lease, mortgage, negotiated
settlement, or by any other means permissible under any
law;
(13) to perform any other function or exercise powers
as are supplemental, incidental or consequentia l to any of
the foregoing duties and powers and/or take up such
matters as the Government may direct in this regard.
7. For the discharge of its functions, the Metropolitan
Development Authority may from time to time,-
(1) appoint one or more functional committees. The
functional committees shall report and discharge their
responsibilities under the instructions and direc tions of the
Metropolitan Development Authority;
Power of
Metropolitan
Development
Authority to
appoint
Committees,
engage auditors
and consultants
and constitute
functional units.
14 [Act No.8 of 2008]
(2) consult or associate with such persons or
organization whose assistance or advice it may desire. Such
advisor or consultant shall be paid such fees as may be
determined by the Metropolitan Development Authority;
(3) 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. The e xisting
Special Development A uthorities in the metropolitan area
constituted under the provisions of the 14Telangana Urban
Areas (Development) Act, 1975 shall be deemed to be
functional units under this Act.
8. Nothing contained in this Act shall empower the
Metropolitan Development Authority to exercise of day to
day control which includes building approvals and building
enforcement in any development area for any of the matters
which are to be provided for or are to be exercised by the
local authority concerned, except where any such matters
are required to be provided by the Metropolitan
Development Authority for the purpose of integrat ed
development of the metropolitan region.
9. (1) The members in items (vii) to (xii) in sub -section (1)
of section 5 shall head their respective Departments of
planning & projects, engineering, finance and accounts,
estate management, environment and administration
Departments respectively and shall be under the overall
control of the Metropolitan Commissioner.
(2) The Metropolitan Development Authority may have
District level Offices, City level Offices and Special area level
14. Adapted by G.O.Ms.No.1 48, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
Metropolitan
Development
Authority
ordinarily not to
provide for
matters falling
within obligatory
and discretionary
duties of local
bodies except for
integrated
development of
the Development
Area.
Staff of the
Metropolitan
Development
Authority.
[Act No.8 of 2008] 15
offices or any such functional units at area level as may be
required for the efficient performance of its functions.
15[9-A. Notwithstanding anything contained in this Act or any
other law for the time being in force, Government may
appoint, any categories of officers and employees, in the
Greater Hyderabad Municipal Corporation constituted under
the Greater Hyderabad Municipal Corporation Act, 1955,
any Urban Developme nt Authority constituted under the
Telangana Urban Areas (Development) Act, 1975, any
Municipal Corporation constituted under the Telangan a
Municipal Corporation s Act, 199 4, any Municipality and
Nagar Panchayat constituted und er the Telangana
Municipalities Act, 1965, and the Hyderabad Metropolitan
Development Authority constituted under this Act, in the
State, as may be prescribed.
9-B. (1) Notwithstanding anything contained in this Act or
any other law for the time being in force, Government may
after consulting the Greater Hyderabad Municipal
Corporation, Hyderabad Metropolitan Development
Authority, all Urban Development Authorities, Municipal
Corporations, Municipalities and Nagar Panchayats in the
State, by a notification in the Telangana Gazette, constitute
a Common Municipal Service for the State, consisting of any
class of officers or employees of the Greater Hyderabad
Municipal Corporation, Hyderabad Metropolitan
Development Authority, all Urban Development Authorities,
Municipal Corporations, Municipalities and Nagar Panchayat
in the State.
(2) Upon the issuance of notification under sub -section
(1), Government shall have power to make rules to regulate
the classificati on, methods of recruitment, conditions of
service, pay and allowances, discipline and conduct of
15. Inserted by Act No.13 of 2017.
Constitution of
Common
Municipal Service.
Appointment of
Officers and
employees.
Act II of 1956.
Act 1 of 1975.
16 [Act No.8 of 2008]
officers and employees of the Common Municipal Service
thereby constituted and such rules may vest jurisdiction in
relation to such service in the Government or such Authority
or Authorities as may be prescribed therein.]
10. (1) The Metropolitan Development Authority shall
constitute for the benefit of its whole -time paid members,
officers and other employees in such manner and subject to
such conditions, as may be prescribed, such pension and
provident fund as it may deem fit.
(2) Where any such pension or provident fund has
been constituted, the Government may declare that the
provisions of the Provident Fund Act, 1925 shall apply to
such fund as it were a Government Provident Fund.
CHAPTER III
METROPOLITAN DEVELOPMENT AND INVESTMENT PLAN
AND AREA DEVELOPMENT PLANS
11. Subject to the provisions of this Act and rules made in
this behalf, the Metropolitan Development Authority shall,-
(1) within two years of its constitution prepare a
Metropolitan Development Plan & Metropolitan Investment
Plan with time frame of twenty years, having due regard to,-
(i) p roposals and policies for promoting growth and
securing economic development in the Metropolitan area;
(ii) p roposals for conservation, optimum utilization
and development of resources in the Metropolitan area;
(iii) a land use plan indi cating the b road areas of
development and general location of residential, industrial,
agriculture and areas for conservation and protection of
ecologically fragile areas, including,-
Pension and
Provident Fund.
Preparation and
contents of
Metropolitan
Development Plan
and Investment
Plan.
[Act No.8 of 2008] 17
(a) a Infrastructure network Plan showing existing
and proposals of m ajor infrastructure facilities like transport,
power, communications network and related facilities like
power plants, roads, highways, railways, airports and
waterways;
(b) policies for preservation, conservation and
development of areas of natural be auty and scenic spots
and areas of historic and archaeological interest and
tourism areas;
(c) proposals and policies for watershed
management, water supply, water harvesting, recharge of
ground water, flood control and prevention of water
pollution;
(d) proposals and plans for river front development
and/or lake front development;
(e) proposals and policies for improvement and
development of public amenities and services including
water supply, electricity, gas, storm water drainage,
sewerage, waste disposal, educational facilities, health
facilities, social welfare and prevention of air and water
pollution;
(f) policies for promoting development and
regulating uses and activities through zoning and other
development regulations;
(g) policies for promoting housing and community
facilities;
(h) p roposals and policies for traffic and
transportation and promoting mass transportation facilities;
18 [Act No.8 of 2008]
(i) proposals and policies for industrial
development;
(j) siting of major development projects;
(k) s trategies and priorities for implementation of
the various proposals with time frame and programmes;
(l) Development Promotion Regulations for
promoting and regulating development;
(m) a ny other matter which may be necessary for
the orderly development and management of the
metropolitan region.
(2) Undertake surveys, research and studies and the
creation and maintenance of metropolitan region data base
and information system and collection of such information
and preparation of reports and maps and associate
advisors, consultants as may be necessary for the
preparation of the Plans mentioned above.
(3) Undertake detailed area level plans for specific
areas, plan programming and phasing of development and
enforce special dev elopment regulations for the purpose of
securing planned development.
(4) Review and revise the Metropolitan Development
Plan and Investment Plan and other statutory area plans
within the expiry of the plan period.
12. Subject to overall conformity with the Metropolitan
Development and Investment Plan, the Metropolitan
Development Authority may undertake preparation of area
level development plans or action plans as deemed
necessary for execution of projects and schemes for any
sector or area of the metropolitan region.
Power to
undertake
preparation of
Area Development
Plans/Action
Plans.
[Act No.8 of 2008] 19
13. (1) After preparing any o f the said plans in accordance
with section 11, the Metropolitan Development Authority
shall notify the same in such form and manner as may be
prescribed, inviting objections and suggestions from any
person or body giving minimum of one month time for filing
objections and suggestions.
(2) After considering all objections, suggestions and
representations that may have been rece ived, the
Metropolitan Development Authority shall make
modification/revision to the plan in such manner as it may
thinks fit and submit to the Government for the sanction of
the Metropolitan Development Plan and Metropolitan
Investment Plan together with draft policies, development
promotion regulations and reports along with remarks on
the suggestions, if any, received.
14. (1) On receipt of the Plans under section 13, the
Government shall consult the metropolitan planning
committee and immediately sanction the said plans with or
without modifications or reject the plan with directions to
modify or prepare fresh plans.
(2) The sanction accorded by the Government shall be
notified in the 16Telangana Gazette and the plans shall come
into force from the date of its publication in the Gazette.
(3) The Metropolitan -Commissioner shall take
necessary action as may be necessary to ensure that each
development project or scheme is executed in the interest of
overall develo pment of the development area and in
accordance with any plan, project or scheme duly approved
either by the Metropolitan Development Authority or under
any law in force or by the Government.
16. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
Submission of
Plan to
Government for
sanction.
Sanction of Plan
by Government.
20 [Act No.8 of 2008]
15. (1) The Metropolitan Development Authority or the
Government, as the case may be, may make such
modifications to the Metropolitan Development and
Investment Plans as it may think fit and which in its opinion
are necessary.
(2) The M etropolitan Commissioner shall prepare a
report together with necessary plan, any such modification
and submit to the Government for approval.
(3) Before making any modifications to the
Metropolitan Development Plan and Investment Plan, the
Metropolitan Development Authority, or the Government, as
the case may be, shall publish a notice in at least two
popular local newspapers and 17Telangana Gazette inviting
objections and suggestions from the public specifying such
date in the notice and for examining th e proposals and
report and shall consider all objections and suggestions that
may be received by the Metropolitan Development Authority
or Government.
(4) Every modification made under the provisions of
this section shall be published in the 17Telangana Gazette
and newspapers and the modifications shall come into
operation from the date of publication of such notification in
the 17Telangana Gazette and newspapers.
(5) The Metropolitan Development Authority shall levy
such fees and conversion c harges from the owners as
applicable and as may be prescribed in any such
modification effected to the Metropolitan Development Plan
and Investment Plan.
17. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
Modifications to
the Metropolitan
Development Plan
and Investment
Plan.
[Act No.8 of 2008] 21
CHAPTER IV
UNIFIED METROPOLITAN TRANSPORT AUTHORITY
16. (1) As soon as may be, Government may constitute a
Unified Metropolitan Transport Authority for the Hyderabad
Metropolitan Region with the following members:-
(i) Chief Secretary — Chairman;
(ii) Commissioner, Greater Hyderabad Municipal
Corporation-Vice-Chairman;
(iii) Principal Secretary/Secretary, Municipal
Administration & Urban Development Department-Member;
(iv) Principal Secretary/Secretary, Transport, Roads &
Buildings Department-Member.
(v) Vice -Chairman & Managing Director, the
18Telangana State Road Transport Corporation, Member;
(vi) Commissioner of Police, Hyderabad-Member;
(vii) Commissioner of Police, Cyberabad – Member;
(viii) Member-Secretary, 18Telangana Pollution Control
Board-Member;
(ix) General Manager, South Central Railway -
Member;
(x) Transport Commissioner-Member;
18. Substituted by G.O.Ms.No.147, Municipal Administration & Urban
Development (M1) Department, dated 31.10.2015.
Constitution of the
Unified
Metropolitan
Transport
Authority.
22 [Act No.8 of 2008]
(xi) Two experts in the field of urban transportation (to
be nominated by the Government) - Members;
(xii) Metropolitan Commissioner - Member Convenor;
(xiii) Any other person nominated by the Government.
(2) The terms of the members nominated under clause
(xi) and (xiii) of sub -section (1) shall be for a period of two
years.
(3) The Government may , by notification , omit any
member of the Unified Metropolitan Transport Authority.
Such notification shall be laid before the Legislature of the
State.
(4) The Unified Metropolitan Transport Authority
constituted under sub -section (1) shall ensure effective
implementation and coordination of the various traffic and
transportation measures undertaken by functional
Departments and public agencies in the Hyderabad
Metropolitan Region.
(5) The Unified Metropolitan Transport Authority may
co-opt any expert for dealing with s pecific traffic and
transportation issues.
(6) The Unified Metropolitan Transport Authority may
constitute sub -groups for specific traffic and transportation
issues.
17. (1) The powers and functions of the Unified
Metropolitan Transport Authority shall be,-
(i) to oversee implementation of various traffic and
transportation measures undertaken by various agencies in
the Hyderabad Metropolitan region;
Powers and
functions of the
Unified
Metropolitan
Transport
Authority.
[Act No.8 of 2008] 23
(ii) to ensure effective public transport systems are in
place for the Hyderabad Metropolitan region;
(iii) to ensure effective coordination and
implementation of the various traffic and transportation
measures undertaken by various Departments;
(iv) to promote and monitor key/major traffic and
transportation projects;
(v) to deliberate and recommend effective
transportation strategies for Hyderabad Metropolitan region;
(vi) to integrate and consolidate all the action plans of
various Departments and agencies and ensur e
implementation of the traffic and transportation p lans for the
Hyderabad Metropolitan region;
(vii) to give directions to different agencies involved in
the implementation of traffic and transportation policies and
measures, including shifting of util ities and
services/amenities;
(viii) processing of funds f or implementation of
proposals;
(ix) integrating various routes of public transport and
issues of combined ticketing, feeder services, etc.,
(x) approval of all traffic and transportation
proposals/projects from any agency in the metropolitan
region and all new initiatives;
(xi) to direct the appropriation/subvention of funds
from various Departments and agencies of the State
Government for ensuring implementation of the traffic and
24 [Act No.8 of 2008]
transportation plans and measures in the Hyderabad
Metropolitan region.
(2) T he recommendations/instructions of the Unified
Metropolitan Transport Authority shall be binding on all the
concerned Departments.
(3) The Unified Metropolitan Transport Authority shall
hold meetings at least once in a month.
(4) The technical support staff and secretarial
assistance to the Unified Metropolitan Transport Authority
shall be provided by the Hyderabad Metropolitan
Development Authority.
(5) Hyderabad Metropolitan D evelopment Authority
shall build a detailed data base and carry out necessary
traffic and transportation surveys to update its data base
and also make it available for various studies and to public.
The data base would help in monitoring and understanding
the various traffic and transportation needs in the
Hyderabad Metropolitan region. It should act as a center for
technology transfer and also guide the local authorities for
all their technical inputs/plans in the field of traffic and
transportation.
(6) An escrow account shall be maintained in
Hyderabad Metropolitan Development Authority in which
0.25% of estimated cost of all projects of Traffic and
Transportation costs undertaken by various Departments /
functional agencies shall be deposited in this a ccount and
0.25% of development charges collected by Hyderabad
Metropolitan Development Authority and Greater Hyderabad
Municipal Corporation and other urban local bodies shall be
annually credited to this account . This amount shall be
utilized for all res earch, studies and training in the field of
traffic and transportation apart from meeting administrative
[Act No.8 of 2008] 25
expenses of the Hyderabad Unified Metropolitan Transport
Authority.
CHAPTER V
PROMOTION OF DEVELOPMENT AND USE OF LANDS
18. (1) Notwithstanding anything contained in any other
law, all development powers of land shall vest in
Metropolitan Development Authority.
(2) After the coming into operation of the Metropolitan
Development and Investment Plan, or any area
development plan in an area, no person or body shall use or
be permitted to use any land or carry out any development
in that area unless the development is in conformity with the
Metropolitan Development Plan a nd Metropolitan
Investment Plan, area level development plans and notified
schemes.
19. Subject to the provisions of this Act, no development or
institution of use or change of use of any land shall be
undertaken or carried out in the metropolitan region,-
(1) without obtaining a Development Permission Order
from the Metropolitan Development Authority:-
(i) certifying that the proposed development is in
conformity with the metropolitan development plan and
investment plan or area level development plan or where
there is no such plan, such a scheme be integrated with the
surrounding area and rules/regulations;
(ii) subject to developme nt conditions that are
applicable and required to be complied;
Development
permission
mandatory for
undertaking
development.
All development
powers of land to
vest with
Metropolitan
Development
Authority.
26 [Act No.8 of 2008]
(iii) the development charges as leviable under this
Act and other fees and charges leviable have been paid to
the Metropolitan Development Authority.
(2) without obtaining a building perm ission from the
local authority in case of developments involving civil
construction in accordance with the relevant local body Act,
rules, regulations, orders, bye -laws and which shall be in
conformity with sub-section (1) and conditions therein:
Provided that no such permission shall be necessary,-
(i) for carrying out such works for the maintenance of
a building or land that do not materially alter or affect the
building or land;
(ii) for agriculture purpose and for the excavation
(including wells, bore wells) made in the ordinary course of
agricultural operations and for the construction of
unmetalled road intended to give access to land solely for
agricultural purposes;
(iii) In case of the following developments of the
Government whether tem porary or permanent which is
necessary for the operation, maintenance, development or
execution of any of the public utility services, viz.,-
(a) Railways;
(b) National Highways, State Highways & Major
District Roads;
(c) Works undertaken by the Metropolitan Planning
Committee/ District Planning Committee/ Special Area
Planning and Development Committee/ Metropolitan
Development Au thority / Municipal Corporation / Municipal
[Act No.8 of 2008] 27
Council / District Administration/ Zilla Praja Parishad/
Mandal Praja Parishad/ Gram Panchayat;
(d) Waterways;
(e) Airways & Aerodromes;
(f) Defence;
(g) Oil and Natural Gas Commission;
(h) Posts anExcerpt shown. Open the full act in Lexace.