Andhra Pradesh Metropolitan Region… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Long title	AN ACT TO REVISE THE LAW RELATING TO THE REGULATION OF RENT AND TO BALANCE THE RIGHTS AND DUTIES OF LANDLORDS AND TENANTS TO RESIDENTIAL AND NON- RESIDENTIAL PREMISES IN THE URBAN AND OTHER AREAS AND TO PROVIDE FOR QUICK RESOLUTION OF DISPUTES AND MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Type	Act
Citation	Act 5 of 2016
Year	2016
Jurisdiction	State of Andhra Pradesh
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	local

1 THE ANDHRA PRADESH METROPOLITAN REGION AND URBAN DEVELOPMENT AUTHORITIES ACT, 2016 ARRANGEMENT OF SECTIONS (ACT No.5 of 2016) (19th January, 2016) SECTIONS

CHAPTER I PRELIMINARY

1. Short title, extent and commencement

2. Definitions

CHAPTER II DECLARATION OF DEVELOPMENT AREA AND CONSTITUTION OF THE AUTHORITY

3. Declaration of Development Area

4. Constitution of the Development Authority

5. Powers and functions of the Authority

6. Powers and Functions of the Executive Committee

7. Powers and Functions of the Metropolitan Commissioner / Vice- Chairperson

8. Officers & staff and Constitution of the ‘Andhra Pradesh Metropolitan Region and Urban Development Authorities Service’

CHAPTER III UNIFIED TRANSPORT AUTHORITY

9. Constitution of Unified Transport Authority

10. Powers and functions of the Transport Authority

CHAPTER IV DEVELOPMENT PLANS

11. Preparation and Content of Development Plans

12. Submission of plans to the Government for sanction

13. Sanction of plans by the Government 2

14. Power to undertake preparation of area development plan or action plan or Zonal Development plan.

15. Modification to the sanctioned plans

16. Enforcement of the sanctioned plans

CHAPTER V DEVELOPMENT SCHEMES

(i) Types and details of Development Schemes

17. Development Schemes

(4) Types of Development Schemes

(5) Power of the Government to require the authority to make a development scheme

18. Provisions of the development scheme

19. Contents of the development scheme

20. Infrastructure and amenities to be provided

21. Cost of the development scheme

22. Reconstitution of plots

23. Restrictions on the use and development of land after publication of draft development scheme

24. Disputed ownership

25. Registration of document, plan or map in connection with development scheme not required.

(ii) Land Pooling Scheme

26. Land Pooling Scheme

27. Reservation and allotment of land for various purposes in land pooling scheme

28. Role of developer entity

29. Declaration to take up the land pooling scheme and Suggestions and objections to the notification of intention

30. Preparation and notification of Draft Land Pooling Scheme

31. Publication of final Land pooling scheme and issue of the LPOC

32. Implementation of Final Land Pooling Scheme

33. Completion of final land pooling scheme

34. Maintenance of the common infrastructure & facilities after issue of completion certificate

(iii) Town Planning Scheme

35. Town Planning Scheme

36. Declaration of intention to make a Town Planning Scheme

37. Making and publication of draft Town Planning Scheme 3

38. Objections to draft Town Planning Scheme to be considered

39. Power of Government to sanction draft Town Planning Scheme

40. Vesting of land in the Authority

41. Appointment of Planning Officer

42. Duties of Planning Officer

43. Contents of preliminary and final scheme

44. Certain decisions of Planning Officers to be final

45. Appeal

46. Constitution of Board of Appeal

47. Planning Officer to assist Board in advisory capacity

48. Place where Board may sit

49. Decision of questions of law and other questions

50. Powers of Board to decide matter finally

51. Board not to be a court

52. Remuneration of assessors and payment of incidental expenses of Board to be added to costs of scheme

53. Decision of Planning Officer to be final in certain matters and variation of scheme in view of decision in Appeal

54. Power to split up sanctioned draft scheme into separate sections

55. Submission of preliminary scheme and final scheme to Government

56. Power of Government to sanction or refuse to sanction the scheme and effect of sanction

57. Withdrawal of scheme

58. Effect of preliminary scheme

59. Power of authority to evict summarily

60. Power to enforce the scheme

61. Power to vary scheme on ground of error, irregularity or informality

62. Variation of Town Planning Scheme for land allotted for public purpose

63. Variation of Town Planning Scheme by another scheme

64. Amendment of regulations

65. Compensation when scheme is varied

66. Appointment of costs of scheme with drawn not sanctioned

67. Right to appear by recognized Agent

68. Powers of civil courts in respect of certain matters

69. Costs of Town Planning Scheme

70. Calculation of increment

71. Contribution towards costs of scheme

72. Certain amounts to be added to or deducted from contribution to be levied from person

73. Transfer of right from original to final plot or extinction of such right

74. Compensation in respect of property or right injuriously affected by scheme

75. Exclusion of compensation in certain cases

76. Provision for cases in which amount payable to owners exceeds amount due from him 4

77. Provision for cases in which value of developed plots is less than amount payable by owners

78. Payment of adjustment of account

79. Payment of net amount due to the authority

80. Power of authority to make agreement

81. Recovery of arrears

CHAPTER VI DEVELOPMENT PROMOTION

82. Development permission mandatory

83. Use and development of land and buildings to be in conformity with plans of the authority

84. Application for development permission

85. Lapse of development permission

86. Deviations during development

87. Revoking of Development Permission

88. Penalty for unauthorized development or for use otherwise than in conformity with sanctioned plans

89. Power to require removal of unauthorized development

90. Power to stop unauthorized development

91. Recovery of expenses incurred

92. Constitution of Building Tribunal

CHAPTER VII ACQUISITION, ASSEMBLY AND DISPOSAL OF LANDS

93. Acquisition of Property by the Authority

94. Acquisition of Land by Negotiated Settlement

95. Power to Acquire Land under Act No.30 of 2013

96. Creation and Management of Land Development Bank

97. Transfer of Government Land to the Authority

98. Acquisition of Land by Transferable Development Rights

99. Disposal of Land and Other Property by the Authority

CHAPTER VIII DEVELOPMENT FEE AND CHARGES

100. Levy of Development Charges

101. Assessment and Recovery of Development Charges

102. Levy of user charges

103. To levy specific cess for capital infrastructure projects

104. To levy betterment charge or impact fee to capture value

105. Recovery of Arrears 5

CHAPTER IX FINANCE, ACCOUNTS, BUDGET AND AUDIT

106. Development Fund

(3) Revolving Fund

107. Development Fund and its application

108. Budget of the Authority

(3) Audit

109. Annual Plan and Report

110. Power of investment

111. Pension and Provident Fund

CHAPTER X MISCELLANEOUS

112. Power of entry and power to demarcate and survey

113. Certain plans already prepared and sanctioned are deemed to have been prepared and sanctioned under the Act

114. Effect of other laws

115. Power to delegate

116. Power to make Rules

117. Power to make regulations

118. Power of Government to issue directions

119. Returns and Information

120. Service of Notice

121. Notices to fix reasonable time

122. Public Notice how to be made known

123. Obstructing officers of the Authority

124. Prosecution, Magistrate’s power etc

125. Exclusion of liability for errors or omissions in information supplied

126. Offence by body corporate

127. Powers and duties of Police Officers

128. Fines to be paid to the Authority

129. Compounding offences

130. Exemption

131. Confidentiality and intellectual property rights

132. Interpretation of the Act

133. Bar of Legal proceedings

134. Members, Officers and Servants of the Authority and Tribunal to be public servants

135. Ex-gratia payments

136. Gifts

137. Boundary to be out of jurisdiction and cessation of powers of local authorities in the development area 6

138. Periphery area of the development area

139. Dissolution of the authority by the Government

140. Dissolution of existing Authority

(2) Transfer of assets and liabilities

(3) Existing Agreements etc

(4) Pending legal proceedings

(5) Nil

(6) Pending Proposals, Plans and Projects

(7) Continuation of contracts, documents etc

(8) Nil

(9) Nil

(10) Transfer of employees of former Authority

(d) Nil

(e) Pension benefits

(f) Nil

(g) Continuation and completion of disciplinary proceedings

(h) Nil

(i) Nil

(j) Misconduct or neglect of duty by employee before transfer

141. Proceedings of the Authority, acting Chair person or Metropolitan Commissioner / Vice-Chairperson

(2) Vacation of office of member

(3) Disqualification from membership

(4) (a) Member’s interest to be made known

(5) (a) Meetings of the Authority

(6) Validity of acts of members

142. Repealing of Andhra Pradesh Urban Areas (Development) Act, 1975 (Act No.1 of 1975) and Savings 7 THE ANDHRA PRADESH METROPOLITAN REGION AND URBAN DEVELOPMENT AUTHORITIES ACT, 2016 (ACT No.5 of 2016) (21st January, 2016) AN ACT TO REVISE THE LAW RELATING TO THE REGULATION OF RENT AND TO BALANCE THE RIGHTS AND DUTIES OF LANDLORDS AND TENANTS TO RESIDENTIAL AND NON- RESIDENTIAL PREMISES IN THE URBAN AND OTHER AREAS AND TO PROVIDE FOR QUICK RESOLUTION OF DISPUTES AND MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-eighth Year of the Republic of India as follows:

CHAPTER I PRELIMINARY

1. Short title, extent and commencement -

(1) This Act may be called the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette appoint.

2. Definitions – In this Act, unless the context otherwise requires,-

(1) ‘agriculture’ includes farming, raising of crops, fruits, vegetables, flowers, grass, trees, horticulture, floriculture, poultry, fishing, livestock breeding, bee keeping, upkeep of an orchard and the use of land ancillary and accessory to cultivation or any agriculture purpose; but does not include the use of any land as a garden which is an appendage to a building and the expression ‘Agricultural’ shall be construed accordingly;

(2) ‘amenity’ includes roads, streets, open spaces, parks, landscaping, playgrounds, recreational grounds, tourist spots, water and electric supply, street lighting, sewerage, drainage, public works and other utility services and conveniences as the Government may specify by notification to be an amenity for the purposes of the Act;

(3) ‘area development plans’ means the plans prepared under the provisions of this Act;

(4) ‘authority’ means the Development Authority constituted under sub-section (1) of section 4 of this Act;

(5) ‘building’ includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or any other purposes, whether in actual use or not;

(6) ‘building operations’, includes,-

(a) erection or re-erection of a building or any part thereof;

(b) roofing or re-roofing of a building or any part of a building or any open space;

(c) any material or structural alteration or addition of a building as is likely to affect the alteration of its drainage or sanitary arrangement or to materially affect its security, or the construction of a door opening on any street or land not belonging to the owner;

(7) ‘company’ means a body corporate registered under the Companies Act, 2013 (Central Act No. 18/2013) and includes a firm or association of individuals;

(8) ‘development’ with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over, or under, land or the making of any material change, in any building or land or both, or in the use of any building or land or any material or structural change in any heritage building or its precinct, and includes demolition of any existing building, structure or erection and redevelopment, reclamation of land, conservation of environment, forming of layouts and sub-division of any land into plots, and development of amenities and the words “to develop” shall be construed accordingly;

(9) ‘development area’ means the area or group of areas declared to be a development area under sub-section (1) section 3 of this Act;

(10) ‘developer entity’ means and includes an individual, company or association or body of individuals whether incorporated or not, a cooperative society, a corporate body, or an agency national or international to whom a license is given to undertake development works/Scheme within the framework of a plan or development scheme duly approved under this Act;

(11) ‘development fund’ means a fund created under this Act;

(12) ‘development plan’ means a comprehensive plan for the development or redevelopment or improvement of the area within the jurisdiction of the Authority covering the whole or part thereof and includes revision of a development plan and proposals for development of land within its jurisdiction conceived within the framework of the Perspective Plan/Master Plan/Infrastructure development plan/area development plan/zonal development plan/or any other plan or scheme prepared under the Act by what so ever name known;

(13) ‘development project or project’ refers to the plans conceived within the framework of a Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or any other Plans, integrated with that of the Development Area containing detailed working layouts with all supporting infrastructure and documents including cost of development, source of finance and recovery instruments for their execution;

(14) ‘engineering operations’ includes the formation or laying of streets, roads, drainage, sewerage, water supply, electricity, gas, cables or telephone lines, irrigation works, and development of such other amenities;

(15) ‘final plot’ means a plot or land reconstituted from an original plot or land and allotted in development scheme as a final plot;

(16) ‘former authority’ means the authority or organization constituted under any other Act or under this Act existing / defunct / dissolved before the Authority presently constituted under this Act for the whole or part of the development area;

(17) ‘government’ means the State Government of Andhra Pradesh;

(18) ‘government company’ means a government company or corporation registered under the Companies Act, 2013 (Central Act No.

18/2013) which has one of its objects shall be the development of an area;

(19)‘heritage building’ means a building/premises or any part thereof or structure or artifact possessing architectural, aesthetic, historic or cultural values or ecological or environmental importance and requires conservation or preservation and which is declared as heritage building by the Authority in whose jurisdiction such building is situated;

(20) ‘heritage precinct’ means an area comprising heritage building or buildings and precincts thereof or related places as declared by the Authority;

(21) ‘Infrastructure Development Plan [IDP]’ means the set of plans, projects and estimates for the development of the infrastructure such as water supply, storm water drainage, sewerage, streets and roads including ring/radial/grid roads connecting all settlements, electricity and street lighting, parks and playgrounds, solid waste disposal and management 10 system, communication network and related facilities such as roads, railways, metro ways, airports and the like and any other amenity as decided by the Authority for the Development Area or Zone or Special Area or part of the Development Area prepared and sanctioned under the provisions of the Act;

(22) ‘land’ includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(23) ‘land use’ means the principal use of land for which a plot of land or building thereon is used or intended to be used. For the purpose of classification of a plot according to the land uses, a land use shall be deemed to include subsidiary land uses which are contingent upon it;

(24) ‘Land Pooling Scheme’ means a scheme as provided in subsection (1) of section 26 of this Act;

(25) ‘Land Pooling Ownership Certificate [LPOC]’in the context of a Land Pooling Scheme means a certificate issued by the Authority under subsection (4) of section 31 of this Act to each land owner participating in the Land Pooling Scheme certifying the details of the reconstituted plot / land / final plot allotted to him;

(26) ‘local authority’ means:

(a) a Municipal Corporation constituted under the respective Act; or

(b) a Municipality or a Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965; or

(d) any other body or authority constituted under the relevant Act to govern the urban services;

(27) ‘Master Plan [MP]’ means the set of plans for the promotion and development of the Development Area or Zone or Special Area or part of the development area prepared and sanctioned under the provisions of the Act;

(28) ‘metropolitan area’ means an area having a population of a million or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous area or an urban agglomeration area with a population of million and above as per the Census of India, specified by public notification to be a metropolitan area;

(29) ‘metropolitan commissioner’ means the Metropolitan Commissioner appointed by the Government under sub-Clause (d) of clause

(i) of sub-section (3) of section 4;

(30) ‘metropolitan region’ means the metropolitan area as whole and its primary commuter areas, typically formed around the metropolitan area proper with a large concentration of people or a region as notified by the Government;

(31) ‘notification’ means a notification published in the following manner and the word ‘notified’ shall be construed accordingly;

(a) (i) in the Andhra Pradesh Gazette or District Gazette;

(ii) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;

(iii) in the local language in the Gram Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Revenue Divisional Officer, the Tahsildar, the District Registrar and Sub-Registrar of Stamps & Registration department;

(iv) uploaded on the website of the Authority;

(a) as may be decided by the Authority;

(32) ‘occupier’ includes,-

(a) any person including a firm or other body of individuals whether incorporated or not, who for the time being is paying or is liable to pay to the owner the rent of the land or building in respect of which such rent is paid or is payable;

(b) an owner living in or otherwise using his land or building;

(d) a licensee in occupation of any land or building;

(e) any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building;

(33) ‘operational construction’ means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development, or execution of any of the following services, namely:-

(a) railways;

(b) national highways, state highways, other important roads;

(d) ports;

(e) airways and aerodromes;

(f) postal, telecom, wireless, broadcasting and other like forms of communication;

(g) electricity;

(h) defence;

(i) ONGC, GAIL;

(j) works undertaken by the Authority or any Local Authority;

(k) any other service which the Government may, if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause.

Explanation: - For the removal of doubts, it is hereby declared that the construction of,-

(i) new residential buildings (other than lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways;

and

(ii) a new building, new structure or new installation or any extension thereof, in the case of any other service, shall not be deemed to be construction within the meaning of this clause;

(34) ‘original plot’ in the context of Development Scheme means the parcel of land extent vesting with the land owner as per revenue records or in possession as on the day of notification of Declaration of Intention of the Development Scheme, whichever is less. While undertaking the preparation and sanction of the Development Scheme, the tenure and encumbrances on the plot remain unaffected;

(35) ‘owner’ in relation to any property, includes any person who is, for the time being receiving or entitled to receive, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as an agent, trustee, guardian, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof; and also includes a person, Company, Trust, Institute, Registered Body, State or Central Government and its attached subordinate departments, undertakings and the like, in whose name the property stands registered in the Revenue Records;

(36) ‘periphery area’ means the outer area of the development area declared as such under section 13 of this Act;

(37) ‘plan’ includes a map or maps indicating proposals, and/or sets of documents, and/or statements and policies and development briefs for securing, promoting and regulating development in the region or for any area and also includes all the sanctioned development plans prepared and sanctioned under the provisions of this Act;

(38) ‘prescribed’ means prescribed by rules and regulations made under the Act;

(39) ‘reconstituted plot’ means a final plot / land which is in any way altered by the making of a development scheme;

(40) ‘regulation’ means a regulation made under the Act and zoning and other regulations made as part of the Plans prepared under the Act;

(41) ‘residence’ includes the use of any land or building or part thereof for human habitation, and the expression ‘Residential use’ shall be construed accordingly;

(42) ‘revolving fund’ means the fund required for the purpose of performing its functions under the Act and for developing amenities and infrastructure facilities in the development area;

(43) ‘rule’ means a rule made under the Act by the government for enforcement;

(44) ‘scheme’ means a scheme or policy or directives or guidelines prepared under the Act; and also includes a scheme prepared under any other Act prevailing in the State for securing the planned development of any area or constituent of the Development Area;

(45) ‘Town Planning Scheme [TPS]’ means the scheme prepared under the Act for achieving the planned development as envisaged in the sanctioned development plan;

(46) ‘urban area’ means

(a) the area comprised within the Municipal Corporation constituted under the respective Act or within the Municipality or a Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965 and any such area in the vicinity as the Government may, having regard to the extent of, and the scope for the urbanization of that area or other relevant considerations, specify in this behalf by notification or an area specified as urban as per the Census of India;

and

(b) such other area as the Government may, by notification, declare to be an urban area, which in the opinion of the Government, is likely to be urbanized;

(47) ‘urban region’ means the urban area as whole and the surrounding urban and rural areas and also the primary commuter areas typically formed around the urban area proper with a large concentration of people or a region as notified by the Government;

(48) ‘Vice-Chairperson’ means the Vice-Chairperson of the Authority appointed by the Government under sub- clause (b) of clause (ii) of subsection (3) of section 4;

(49) ‘Zonal Development Plan [ZDP]’ means the set of plans for the promotion and development of a zone or part of a zone or a local authority of the development area prepared and sanctioned under the provisions of the Act;

(50) ‘zone’ means any one of the divisions in which a development area may be divided for the purpose of securing, promoting and regulating development and for providing the urban services under the Act, and the words ‘Zoning Regulations’ shall be construed accordingly;

(51) Words used but not defined in the Act shall have the same meanings as assigned under the respective Acts.

CHAPTER II DECLARATION OF DEVELOPMENT AREA AND CONSTITUTION OF THE AUTHORITY

3. Declaration of Development Area -

(1) As soon as may be, after the commencement of this Act, the State Government may, by notification in the Andhra Pradesh Gazette declare the ‘Development Area’ consisting of such metropolitan region or urban region as a ‘development area’ for the purposes of this Act with effect from such date as may be specified therein.

(2) Every such notification shall define the limits of the development area to which it relates.

(3) The State Government may, by notification, in the Andhra Pradesh Gazette and in accordance with such rules as may be made in this behalf,--

(a) exclude from the development area any area comprised therein; or

(b) include in the development area any other area.

(4) The existing Gram Panchayats, Municipalities and Corporations within the Development Area shall remain functional within their respective jurisdictions based on the prevailing rules, made under the respective laws.

4. Constitution of the ‘Development Authority’ -

(1) As soon as may be, after the date of commencement of this Act, the State Government may, by notification, in the Andhra Pradesh Gazette, constitute the ‘Metropolitan Region Development Authority’ [MRDA] for any metropolitan region or ‘Urban Development Authority’ [UDA] for any urban 15 region, herein after called as the ‘Authority’ for the development area notified under section 3.

(2) The Authority constituted under sub-section (1) shall be a body corporate by the name of the development area for which it is constituted having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and by the said name sue and be sued.

(3) (i) The Metropolitan Region Development Authority shall have the following members, namely,—

(a) the Chairperson to be appointed by the Government;

(b) Principal Secretary to Government, Municipal Administration & Urban Development Department – Deputy Chairperson;

(d) ‘Metropolitan Commissioner’ who is a government officer to be appointed by the Government, shall be the whole time Chief Executive Officer of the Authority and shall be the Member- Convener;

(e) Officers not more than six, dealing with Transportation, Roads & Buildings, Energy, Environment or such other departments as may be deemed necessary by the Government - Members;

(f) District Collectors of the development area - Members;

(g) Director of Town & Country Planning – Member; and

(h) Three experts of national or international repute who possess knowledge in urban governance, urban planning, conservation, environment and transportation to be appointed by the Government – Members.

(ii) The Urban Development Authority shall have the following members, namely,—

(a) the Chairperson to be appointed by the Government;

(b) the ‘Vice-Chairperson’ who is a government officer to be appointed by the Government, shall be the whole time Chief Executive Officer of the Authority and shall be the Member-Convener;

(c) Joint Secretary to Government, Municipal Administration & Urban Development Department or his nominee who shall be not less than Deputy Secretary in cadre or as deemed necessary by the Government - Member;

(d) Joint Secretary to Government, Finance Department or his nominee who shall not be less than Deputy Secretary in cadre or as deemed necessary by the Government - Member;

(e) Officers not more than four, dealing with Transportation, Roads & Buildings, Energy, Environment or such other departments as may be deemed necessary by the Government - Members;

(f) District Collectors of the development area - Members;

(g) Director of Town & Country Planning or his nominee – Member; and

(4) Any other officer or expert whom the Government thinks necessary may be invited to the meetings of the authority as special invitee.

(5) There shall be an Executive Committee of the Authority consisting of the following members, namely,-

(a) (i) In case of Metropolitan Region Development Authority, the Principal Secretary to Government, Municipal Administration & Urban Development Department shall be Chairperson of the Executive Committee, and the Metropolitan Commissioner shall be a member-convener of the Executive Committee.

(ii) In case of Urban Development Authority, the Vice- Chairperson of Urban Development Authority shall be the Chairperson of the Executive Committee;

(b) Joint Secretary to Government, Finance Department or his nominee as deemed necessary by the Government - Member;

(c) Joint Secretary to Government Municipal Administration & Urban Development Department or his nominee as deemed necessary by the Government - Member;

(d) Officers or Heads of Government Departments or the Authority not exceeding five in number - Members;

(e) Secretary of the Authority to be the Member-Convener of the Executive Committee of Urban Development Authority;

(f) Any other officer or expert as appointed by the Government.

(6) The Chairperson of the Executive Committee may invite any of the heads of the departments of Government or the Authority or experts as special invitees to the meetings of the Executive Committee.

(7) The members nominated by the Government to the Authority and Executive Committee shall hold office as may be prescribed by the Government and shall be eligible for re-appointment on such conditions as may be prescribed.

(8) The Government may, by notification, omit any member of the Authority or Executive Committee.

(9) Subject to the general superintendence and control of the Authority, the management and administration of the affairs of the Authority shall vest in the Executive Committee.

(10) The Government shall frame rules with regard to the functioning and conducting of meetings and any other matters relating to the powers and functions of the Authority and the Executive Committee.

(11) The term of office and conditions of service of the staff of the Authority, the procedure to be followed by the Executive Committee and all such other matters relating to the Executive Committee shall be as may be prescribed by rules.

(12) The Authority may,--

(a) from time to time appoint one or more Functional Committees for the discharge of its functions. The functional committees shall report and discharge their responsibilities under the instructions and directions of the Authority.

(b)every Committee appointed under clause (a) of sub-section

(12) shall conform to any instructions that may, from time to time, be given to it by the Authority and the Authority may at any time alter the constitution of any Committee so appointed or rescind any such appointment. The Authority shall nominate one of the members as the Chairman of every such Committee.

(c) consult or associate with such persons or organizations whose assistance or advice it may desire. Such advisor or consultant shall be paid such fees as may be determined by the Authority.

(d) constitute as many area level functional units or subregional units or offices as it deems fit and assign responsibilities and functions to such units.

(e) create Special Purpose Vehicles (SPVs) with the approval of the Government for various purposes, including but not limited to, design and construction of buildings related to large infrastructure projects, provision of utility services, provision of urban services, design and execution of social infrastructure projects, and land acquisition and augmentation of financial resources. The Authority, as a representative of the Government could participate in such SPVs as an equity or debt holder, and also have specified members of the Authority as members of the Board of such SPVs.

(f) The Authority may delegate any of its powers or functions to the Executive Committee or the Metropolitan Commissioner / Vice-Chairperson subject to its revision and to such conditions and limitations if any, as it may think fit to impose.

5. Powers and functions of the Authority - Subject to the provisions of the Act, the functions of the Authority shall be;-

(1) Administration:-

(a) to monitor, supervise or ensure adequate supervision over the execution of any development plan or project or scheme, the expenses of which in whole or in part are to be met from the Development Fund;

(b) to co-ordinate with the Andhra Pradesh Transmission Corporation, the Southern Power Distribution Company Ltd, the Andhra Pradesh Industrial Infrastructure Corporation, the Andhra Pradesh State Road Transport Corporation, Roads & Buildings department, Housing Corporation, Housing Board, Infrastructure Corporation of Andhra Pradesh Ltd and such other bodies / departments of the Government to facilitate infrastructure development in the development area;

(c) to delegate the powers of the Authority to the Executive Committee or specific members of the Executive Committee or the Metropolitan Commissioner / Vice-Chairperson with the responsibility for execution of specific projects of the Authority.

(d) to fast track and facilitate issues such as project delays, issues related to Development Fund, inter-departmental coordination as raised by the Executive Committee;

(e) to enter into contracts, agreements or arrangements with any person, body or organization as the Authority may deem necessary for the performance of its functions;

(f) to perform any other function or exercise powers as are supplemental, incidental or consequential to any of the foregoing duties and powers, and/or take up such matters as the Government may direct in this regard;

(g) to sanction and recruit officers and staff required for the Authority to perform functions of the Authority with the approval of the Government.

(h) to meet at least once in three months and at such intervals, at such place and such time as the Chairperson may decide.

(i) in case of Metropolitan Region Development Authority,

(i) to review, revise and approve proposed projects above Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value and approval of the Government shall be obtained in respect of projects worth more than Rs.

100.00 crores;

(ii) to review, revise and approve all funding, financing and investment plans above Rs. 10.00 crores and up to Rs.

100.00 crores in total contract value and approval of the Government shall be obtained in respect of funding, financing and investment plans worth more than Rs.

100.00 crores;

(iii) to accord approval for all tenders / e-procurement for the projects exceeding Rs. 10.00 crores and up to Rs. 100.00 crores in total contract value and approval of the Government shall be obtained in respect of tenders / e-procurement for the projects exceeding Rs.

100.00 crores;

(j) in case of Urban Development Authority,

(i) to review, revise and approve proposed projects above Rs. 5.00 crores and up to Rs. 50.00 crores in total contract value and approval of the Government shall be obtained in respect of projects worth more than Rs.

50.00 crores;

(ii) to review, revise and approve all funding, financing and investment plans above Rs. 5.00 crores and up to Rs.

50.00 crores in total contract value and approval of the 20 Government shall be obtained in respect of funding, financing and investment plans worth more than Rs.

50.00 crores;

(iii) to accord approval for all tenders / e-procurement for the projects exceeding Rs. 5.00 crores and up to Rs.

50.00 crores in total contract value and approval of the Government shall be obtained in respect of tenders / eprocurement for the projects exceeding Rs. 50.00 crores in total contract value;

(2) Development and Regulation:

(a) to undertake execution of the projects and schemes as per the sanctioned Plans and/or through Development Plans, Action Plans for any Sector or Zone or Development Area;

(b) to undertake by itself or jointly with a developer entity or through any agency or any local authority, the implementation of the area level plans, execution of works relating to infrastructure development, public amenities, conservation of the environment;

(c) to promote the development activities in accordance with the sanctioned development plans and to bring aesthetics, efficiency, and economy in the process of development;

(d) to approve, co-ordinate and execute all transportation related interventions in the development area so as to promote planned development of traffic and transportation system and transit-oriented development;

(e) to undertake and approve action plans of various departments and agencies and ensure implementation of the traffic and transportation plans for the development of modern, integrated and effective public transport systems such as BRTS, MMTS, MRTS and to introduce Intelligent Transport Systems for traffic management to make the development area most liveable in the world;

(f) to formulate and monitor the implementation of affordable housing policies;

(g) to formulate and implement economic development plans for the overall economic growth of the development area and to create new livelihood opportunities.

(h) to regulate the development of the periphery area of the development area;

(i) to undertake, manage and supervise the urban amenities and to make environment friendly, modern and SMART metropolitan / urban region either directly or through outsourced entities by delegating powers to collect user charges;

(j) to raise finance for any development project or scheme and to extend assistance to the local authorities for the execution of such project or scheme;

(k) to entrust to any local authority the work of execution of any development plan or scheme.

(l) to make recommendations or submit proposals to the Government or any person or statutory body for the preservation and protection of any monument and land of historic, traditional, archaeological, architectural or aesthetic interest;

(3) Finance:

(a) to promote environmental friendly investments in the development area;

(b) to review, revise and approve annual financial budget for the Authority and for carrying out the provisions of the Act;

(c) to levy and collect such fees for the execution of works as referred above and for provision of other services and amenities as may be prescribed by regulations;

(d) to levy and collect such scrutiny fees for scrutiny of documents submitted to the Authority for permission for development as may be prescribed by regulations;

(e) to levy and collect the development charges as may be prescribed by regulations;

(f) to levy and collect the user charges for various services delivered in the development area as may be prescribed by regulations;

(g) to levy and collect the Impact Fee, Urban Infrastructure Fee, Cess, or any other fee as may be prescribed by regulations;

(h) to maintain and manage the Development Fund and allocate finances based on the plans and programmes of the functional departments or line agencies for undertaking development of amenities and infrastructure facilities and to monitor and exercise financial control over the budgetary allocations concerning development works made through it to the various public agencies, line agencies and other agencies;

(4) Land development:

(a) to acquire any immovable property through the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013)or purchase, exchange, gift, lease, mortgage, negotiated settlement, or by any other means permissible under any other law;

(b) to approve the land development schemes or proposals of the functional departments, other departments and functional agencies in the development area;

(d) to prepare and undertake implementation of schemes for providing alternative areas for rehabilitation of persons displaced by projects and schemes which provide for such requirements;

(e) to create and manage the Land Development Bank and take up land acquisition as may be necessary for various public uses, civic center, office complexes, township development, infrastructure development, etc.; allocation of lands to functional departments and various agencies upon such terms and conditions for undertaking development of amenities and infrastructure facilities.

(5) Planning:

(a) to prepare and revise the Perspective Plan [PP], Master Plan [MP], Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan duly carrying out surveys in order to achieve ecological balance for sustainable development and for providing other facilities for liveable environment;

(b) to formulate zoning regulations, building and energy codes, and any other development control norms for the development area so as to ensure the compact, transit-oriented, and environmentally sustainable development;

(c) to prepare, review and revise the development control norms and rules or regulations, and all other related and similar norms governing the building and development in the development area and submit to the Government for approval;

6. Powers and Functions of the Executive Committee - Subject to the provisions of the Act, Rules and Regulations, the functions of the Executive Committee shall be as follows:

(1) Administration:

(a) to approve appointment/re-appointment of experts, including experts in the matters relating to urban planning, urban management, urban infrastructure and urban transportation, subject to such conditions as may be prescribed;

(b) to review performance of special functional units (such as Special Purpose Vehicles, Area Level Committees) for carrying out specific functions including execution of projects;

(c) to consult or associate with such persons or organizations, public or private, whose assistance or advice it may require.

Such advisor or consultant shall be paid such fees as may be determined by the Executive Committee;

(d) to recruit professional service providers and competent experts in accordance with the provisions of the Act to implement the activities of the Authority as may be prescribed;

(e) to meet at least once in two months or as often as decided by the Chairperson of the Executive Committee.

(f) In case of Metropolitan Region Development Authority,

(i) to scrutinize, revise and approve proposed projects above Rs. One crore and up to Rs.10.00 crores;

(ii) to review, revise and approve all funding, financing and investment plans above Rs. One crore and up to Rs.10.00 crores;

(iii) to scrutinize and accord approval for all tenders / eprocurement for execution of various categories of works with a value above Rs. One crore and up to Rs.10.00 crores;

(g) in case of Urban Development Authority,

(i) to scrutinize, revise and approve proposed projects above Rs. 0.50 crore and up to Rs. 5.00 crores;

(ii) to review, revise and approve all funding, financing and investment plans above Rs. 0.50 crore and up to Rs. 5.00 crores;

(iii) to scrutinize and accord approval for all tenders / eprocurement for execution of various categories of works with a value above Rs. 0.50 crore and up to Rs.

5.00 crores;

(2) Finance:

(a) to prepare the Annual Budget and place the same before the Authority for approval;

(b) to prepare the schedule of various categories of fees and development charges and submit them to the Authority for approval;

(c) to study and approve the matters such as related to Development Fund but not limited to special financial structures, investment plans to be met from the Development Fund, and loan repayment schedules.

(3) Land development:

(a) to undertake the scrutiny of the Land Pooling Scheme or Town Planning Scheme or any other Development Scheme proposals and submit the same to the Authority for approval;

(b) to undertake the scrutiny of the land acquisition proposals and submit the same to the Authority for approval.

(4) Planning:

(a) to undertake the preparation of the Perspective Plan [PP], Master Plan [MP] and Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan under the Act and the revision of the said Plans as and when required and submit the same to the Government through the Authority for sanction;

(b) to undertake the preparation of zoning regulations, development promotion norms and rules, including setbacks, open spaces and all other related and similar norms governing building and development in the Development Area and submit the same to the Authority and the Government for approval.

7. Powers and Functions of the Metropolitan Commissioner / Vice- Chairperson - Subject to the provisions of the Act, the functions of the Metropolitan Commissioner / Vice-Chairperson who is a government officer to be appointed by the Government shall be as follows:-

(1) Administration,-

(a) to act as whole-time Chief Executive Officer of the Authority and shall be the Chairperson of the Executive Committee;

(b) to execute all projects approved by Authority or Executive Committee and take all day to day decisions necessary for execution of projects;

(d) to prepare and scrutinize projects and investment plans for any value and submit them for approval in accordance with the provisions of the Act;

(e) to conduct periodic review meetings of the activities of the Authority;

(f) to review the operational progress of various departments against project deliverables and initiatives taken periodically;

(g) to arrange for delegation of the powers of the Authority or Executive Committee as vested under the Act to the respective Local Authorities and the officers working in the Authority duly obtaining the approval of the Authority or Executive Committee;

(h) be competent to delegate the powers as vested in him under the Act to the local authority or any of the officers working in the Local Authority or in the Authority;

(i) be competent to give directions to a body or department or functional agency or person with regard to the implementation of any development project or scheme financed under the Act, or land development conditions approved under the Act, or under taking survey, demarcation and development of roads, right-ofway for facilities, protection of open spaces or amenities, as he deems fit, and any such Authority or person shall be bound to comply with such directions;

(j) notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with 26 by the body or department or functional agency or person to whom it is issued:

Provided if such body or department or functional agency or person fails to carry out the directions, it shall be competent to take necessary action to carry out the directions issued and recover expenses, if any, incurred therefore from the body concerned;

(k) In case of Metropolitan Region Development Authority, the Metropolitan Commissioner may,-

(i) prepare, scrutinize, approve, revise and execute the projects up to Rs. One crore;

(ii) prepare, scrutinize, revise and submit the proposed projects above Rs. One crore and up to Rs.10.00 crores in total contract value to the Executive Committee for approval and above Rs.10.00 crores and up to Rs.100.00 crores in total contract value to the Authority through the Executive Committee for approval;

(iii) prepare, scrutinize, approve, revise and sanction all funding, financing and investment plans up to Rs. One Crore;

(iv) prepare, scrutinize, revise and submit all funding, financing and investment plans above Rs. One crore and up to Rs.10.00 crores in total contract value to the Executive Committee for approval and above Rs.10.00 crores and up to Rs.100.00 crores in total contract value to the Authority through the Executive Committee for approval;

(v) prepare, scrutinize, approve, revise and sanction all tenders / e-procurement for execution of various categories of works with a value up to Rs. One crore;

(vi) scrutinize and submit all tenders / e-procurement for execution of various categories of works with a value above Rs. One crore and up to Rs.10.00 crores in total contract value to the Executive Committee for approval and above Rs.10.00 crores and up to Rs.100.00 crores in total contract value to the Authority through the Executive Committee for approval;

(l) In case of Urban Development Authority, the Vice-Chairperson may,- 27

(i) prepare, scrutinize, approve, revise and execute the projects up to Rs. 0.50 crore ;

(ii) prepare, scrutinize, revise and submit the proposed projects above Rs. 0.50 crore and up to Rs. 5.00 crores in total contract value to the Executive Committee for approval and above Rs. 5.00 crores and up to Rs. 50.00 crores in total contract value to the Authority through the Executive Committee for approval;

(iii) prepare, scrutinize, approve, revise and sanction all funding, financing and investment plans up to Rs. 0.50 crore;

(iv) prepare, scrutinize, revise and submit all funding, financing and investment plans with a value above Rs.

0.50 crore and up to Rs.5.00 crores in total contract value to the Executive Committee for approval and above Rs.5.00 crores and up to Rs. 50.00 crores in total contract value to the Authority through the Executive Committee for approval;

(v) prepare, scrutinize, approve, revise and sanction all tenders / e-procurement for execution of various categories of works with a value up to Rs.0.50 crore;

(vi) scrutinize and submit all tenders / e-procurement for execution of various categories of works with a value above Rs. 0.50 crore and up to Rs.5.00 crores in total contract value to the Executive Committee for approval and above Rs.5.00 crores and up to Rs.50.00 crores in total contract value to the Authority through the Executive Committee for approval;

(2) Finance:

(a) to arrange for the preparation of the annual budget for the Authority and for placing the same before the Executive committee for further action;

(b) to arrange for the preparation of the schedule of development charges and various categories of fee and place it before the Executive Committee for further action;

(3) Land development:

28 to arrange for preparation of the Land Acquisition proposals or Land Pooling Scheme or Town Planning Scheme and arrange for implementation of the same after approval.

(4) Planning:

(a) to arrange for preparation of the Perspective Plan [PP], Master Plan [MP] and a separate Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan and to arrange for implementation and supervision of the same after sanction;

(b) to review and ensure compliance of local authorities within the Development Area regarding the sanctioned development plans and also development promotion and control with regard to land use or Land Pooling Scheme or Town Planning Scheme.

8. Officers & staff and constitution of the ‘Andhra Pradesh Metropolitan Region and Urban Development Authorities Service’ –

(1) Notwithstanding anything in this Act or the rules made there under, the Government may after consulting all the Authorities constituted under this Act, by notification constitute any class of officers or employees of the said Authorities into the ‘Andhra Pradesh Metropolitan Region and Urban Development Authorities Service’ for the State.

(2) Upon the issue of the notification under sub-section (1), the Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances, discipline, and conduct of the officers and employees of the Development Authorities Service thereby constituted and such rules may vest jurisdiction in relation to such service in the Government or in such other Authority or Authorities as may be prescribed therein.

(3) The Metropolitan Commissioner / Vice-Chairperson shall assess and prepare the staffing pattern required for the Authority and place the same before the Authority for approval. After obtaining the approval of the Authority, the same shall be submitted to the Government to obtain prior sanction.

(4) The Authority may, subject to approval of the Government, appoint suitable persons as heads of various departments of the Authority and they shall work under the overall control of the Metropolitan Commissioner / Vice-Chairperson. They shall be entitled to receive from the funds of the Authority such salaries and such allowances and shall be 29 governed by such conditions of services, as may be determined by rules made in this behalf.

(5) Subject to such control and restrictions as may be prescribed, the Authority may appoint such members or other officers and employees including the professional service providers and competent team of experts as may be necessary for the efficient performance of its functions and guide the Authority in implementation of the Act and may determine their designations, grades, scales of pay and allowances.

(6) The technical cadre of Town Planning wing and Engineering / Development wing of the Authority shall be filled up on deputation from the respective government departments. The services of the existing staff of the former Authorities shall be properly safeguarded.

(7) The Authority may utilize the services of the departmental staff in the State, Central Government Services and Public Sector undertakings for various cadres other than those mentioned in sub-section (6).

(8) The Authority may appoint external consultants, advisors and experts as per the need, may be at such rates and such works to be assigned and determined as may be prescribed.

(9) The Authority shall have the power to hire the services of private agencies and recruit people with expertise so as to meet any deficiencies in professional expertise required for the execution of its responsibilities as may be prescribed.

(10) The Authority may identify, recruit, surrender, remove, reappoint and appraise the performance of Heads of Departments, officers and other employees as may be prescribed.

CHAPTER III UNIFIED TRANSPORT AUTHORITY

9. Constitution of Unified Transport Authority –

(1) As soon as may be, the Government may constitute ‘Unified Metropolitan Transport Authority [UMTA]’ for the development area of Metropolitan Region Development Authority or ‘Unified Transport Authority [UTA]’ for the development area of Urban Development Authority, herein after called as “Transport Authority” with the following members, namely—

(a) Metropolitan Commissioner / Vice-Chairperson of the Authority or any other person to be the Chairperson of the Transport Authority as nominated by the Government.

In case the Chairperson is other than the Metropolitan Commissioner / Vice-Chairperson of the Authority, the Metropolitan Commissioner / Vice-Chairperson shall be the member-convener.

(b) Six members of heads of the departments of Government or officers connected with traffic and transportation as nominated by the Government.

(d) Commissioners of the Local Authorities of the development area;

(e) Officers from Police, Transco, Roads & Buildings, MRTS, BRTS, Railways, Municipal Administration & Urban Development Department and Road Transport Corporation in the development area as nominated by the Government;

(f) Three experts in the field of traffic and transportation.

(2) The term of the members nominated under clause (e) and (f) of subsection (1) shall hold office as may be prescribed by the Government.

(3) The Government may, by notification, omit any member of the Transport Authority.

(4) The Transport Authority constituted under sub section (1) shall ensure effective implementation and coordination of the various traffic and 31 transportation measures under taken by the functional departments and public agencies in the development area.

(5) The Transport Authority may co-opt any expert for dealing with specific traffic and transportation issues;

(6) The Transport Authority may constitute sub-groups for specific traffic and transportation issues of the development area.

10. Powers and functions of the Transport Authority -

(1) The powers and functions of the Transport Authority shall be:-

(a) to assist the Authority with co-ordination and support so as to ensure the effective implementation of its transportation projects and policies that seek to enforce the Transportation Plan of the Development Area;

(b) to oversee and ensure effective coordination and implementation of various traffic and transportation measures undertaken by various agencies in the development area;

(d) to promote and monitor key or major traffic and transportation projects;

(e) to deliberate and recommend effective transportation strategies for the development area;

(f) to integrate and consolidate all the action plans of various departments and agencies and ensure implementation of the traffic and transportation plans for the development area;

(g) to give directions to different agencies involved in the implementation of traffic and transportation policies and measures, including shifting of utilities and services or amenities;

(h) to integrate various routes of public transport and issues of combined ticketing, feeder services, etc as suggested by the Authority;

(i) to expedite financial proposals pending with the Government related to transportation projects in the Development Area;

(j) to direct the appropriation or subvention of funds from various departments and agencies of the Government for ensuring implementation of the traffic and transportation plans and measures in the development area.

(2) The recommendations or instructions of the Transport Authority shall be binding on all the concerned departments.

(3) The Transport Authority shall hold the meetings at least once in a quarter.

(4) The technical support staff and secretarial assistance to the Transport Authority shall be provided by the Authority.

(5) The Transport 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 the public.

Explanation: The data base would help in monitoring and understanding the various traffic and transportation needs in the development area.

(6) The Transport Authority should act as a Centre for technology transfer and also guide the other agencies for all their technical inputs or plans in the field of traffic and transportation.

(7) An escrow account shall be maintained in the Transport Authority in which 2% of estimated cost of all projects of traffic and transportation undertaken by various departments or functional agencies shall be deposited in this account. This amount shall be utilized for research, studies and capacity building in the field of traffic and transportation apart from meeting the administrative expenses of the Transport Authority.

(8) The Transport Authority shall be governed by such rules and regulations as shall be made in this regard.

CHAPTER IV DEVELOPMENT PLANS

11. Preparation and Content of Development Plans - Subject to the provisions of the Act, the Authority shall,-

(1) Within two years of its constitution or within such time as the Government may extend, prepare a Perspective Plan [PP] with a long term time frame preferably not less than thirty years, for the comprehensive physical, economic and social development of the Development Area, having due regard to, -

(a) vision for the development area and provide policy framework and directions of growth and identification of thrust areas for development;

(b) target population, employment pattern and GDP;

(d) strategic transportation and mobility requirements;

(e) environmental sustainability.

(2) Within three years of its constitution or within such time as the Government may extend, prepare a Master Plan [MP] for the Development Area or Zone or Special Area with a medium term time frame, preferably not less than ten years and it shall be in conformity with the Perspective Plan, having due regard to, –

(a) proposals and policies for promoting growth, securing planned development in the development area;

(b) proposals for conservation, optimum utilization and development of resources in the development area;

(c) Land Use Plan indicating the broad areas of development and general location of residential, commercial, industrial, agricultural areas and areas for conservation and protection of ecologically fragile areas, including:--

(i) Proposals for the allotment of land for public purposes and policies for improvement and development of public amenities and services such as water supply, electricity, gas, storm water drainage, sewerage, waste disposal, educational facilities such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres, auditoriums and places for public entertainment, public assembly, museums, art galleries, religious buildings, play grounds, stadia, parks, open spaces, dairies, zoo parks and for such purposes as may, from time to time, be specified by the State Government;

(ii) Infrastructure network plan showing existing and proposals of major infrastructure facilities like circulation network including ring roads, radial and grid roads connecting all the settlements, transport, power, water supply, natural drainage, sewerage system, solid waste disposal and management system, communications network and related facilities like power plants, roads, highways, railways, metro ways, airports, and the like;

(iii) Proposals and policies for preservation, conservation and development of areas of natural beauty and scenic spots, and areas of historic and archaeological interest and tourism areas and heritage buildings and heritage precincts;

(iv) Proposals and policies for watershed management, water supply, water harvesting, recharge of ground water, flood control, and prevention of air and water pollution;

(v) Proposals and policies for riverfront development and/or lake or water front development;

(vi) Proposals and policies for enhancing greenery and urban landscape implementation in the development area and individual plots;

(vii) Proposals and policies for promoting urban design and built form with aesthetics and architectural control for overall development and individual plots;

(viii) Proposals and policies for promoting housing and community facilities for all sections of society;

(ix) Proposals and policies for traffic and transportation, transit oriented developments (TOD) and promoting mass transportation facilities;

(x) Proposals and policies for industrial development;

(xi) Proposals and policies for major development projects;

(xii) Proposals for the reservation of the land for the purpose of Union, State, Local Authority or any other authority or body established by or under any law for the time being in force;

(xiii) Strategies and priorities for implementation of the various proposals with time frame and programmes;

(xiv) Proposals and policies for promoting development and regulating uses and activities through Zoning and other Development Promotion Regulations, conservation and preservation of heritage buildings and areas;

(xv) Any other matter which may be necessary for the development area.

(3) The Authority shall prepare and approve a separate Infrastructure Development Plan [IDP] for the Development Area or Zone or Special Area within the framework of the sanctioned Perspective Plan or Master Plan or Area Development Plan or Zonal Development Plan as and when required.

(4) The Authority shall undertake surveys and studies, and the creation and maintenance of the data base and information system, and collection of such information and preparation of reports and maps for the development area; and associate advisors, consultants as may be necessary for the preparation of the Projects or Plans mentioned above for the development area.

(5) The Authority shall undertake detailed area level plans for specific areas, plan programming and phasing of development and enforce special development regulations for the purpose of securing planned development.

(6) The Authority shall review and revise the Perspective Plan [PP], Master Plan [MP] and Infrastructure Development Plan [IDP] and other 35 statutory plans either at the end of the time period of the Plan or at fixed intervals as decided by the Authority or as directed by the Government.

12. Submission of plans to the Government for sanction -

(1) After preparing Perspective Plan or Master Plan or Area Development Plan or Zonal Development Plan in accordance with section 11, the Authority shall notify the same in such form and manner as may be prescribed along with a notice in the prescribed manner, inviting objections or suggestions from any person or body giving the time period of minimum thirty days or within such time as the Government may extend, for filing objections or suggestions.

(2) After considering all objections, suggestions and representations that may have been received, the Authority may make modifications or revision to the Plans in such manner as it thinks fit, and submit to the Government for the sanction of the Perspective Plan [PP], Master Plan [MP] or Area Development Plan or Zonal Development Plan with draft policies, development promotion regulations and reports along with remarks on the objections and suggestions, if any, received.

13. Sanction of plans by the Government –

(1) On receipt of the Plans under section 12, the Government shall within sixty days examine and sanction the said Perspective Plan [PP] or Master Plan [MP] or Area Development Plan or Zonal Development Plan with or without modifications or reject the plans with directions to modify or prepare revised plans.

(2) The sanction accorded by the Government shall be notified by the Government in the Andhra Pradesh Gazette and the Perspective Plan [PP] or Master Plan [MP] or Area Development Plan or Zonal Development Plan shall come into force from the date of its publication in the Gazette.

14. Power to undertake preparation of area development plan or action plan or Zonal Development plan –

(1) Subject to overall conformity with the Perspective Plan [PP] or Master Plan [MP], the Authority or the respective Local Authority under the guidance of the Authority, may undertake the preparation of Area Development Plan or Zonal Development Plan as deemed necessary for any of the provisions as stated at clause (c) of subsection (2) of section 11, and also for development promotion, execution of projects and schemes for any Sector or Area or Zone and / or for effective urban services and municipal functions of their respective jurisdiction in the development area with a time span of ten years or as prescribed by the Government.

(2) The Local Authority shall submit the said Plans prepared for its jurisdiction along with the resolution to the Authority for approval and thereafter shall follow the procedure as stated under sections 12 and 13.

15. Modification to the sanctioned plans –

(1) The Authority or the Government may, on a reference from the Authority or the Local Authority concerned or on an application made by a land owner to the Authority or Local Authority concerned, as the case may be, make such modifications to the sanctioned Perspective Plan [PP] or Master Plan [MP] or Area Development Plan or Zonal Development Plan, as it thinks fit and which in its opinion are necessary.

(2) The Metropolitan Commissioner / Vice-Chairperson shall prepare a report together with necessary plans, full particulars of any such modification and submit to the Government for approval.

(3) Before making any modifications to the Perspective Plan [PP] or Master Plan [MP] or Area Development Plan or Zonal Development Plan, the Authority, or as the case may be, the Government shall publish a notification inviting objections or suggestions from the public so as to reach within a period of fifteen days and shall consider all objections and suggestions that may be received by the Authority or Government.

(4) After due consideration of the objections and suggestions received, the final modification made under the provisions of this section shall be notified by the Government in the Andhra Pradesh Gazette and the final modifications shall come into operation from the date of publication of such notification.

(5) The Authority shall levy such fees and charges including development charges and conversion charges as applicable and as may be prescribed in any such modification effected to the sanctioned Perspective Plan [PP] or Master Plan [MP] or Area Development Plan or Zonal Development Plan from the land owners at whose instance the modifications are effected and also form the others who will have the advantage due to such modifications. These charges shall take into account the benefits that would accrue to the land owners from the change and shall seek to capture some share of the increased land value.

16. Enforcement of the sanctioned plans -

(1) The Perspective Plan [PP] or Master Plan [MP] or Area Development Plan or Zonal Development Plan after the approval of the Authority, shall be binding on all the local authorities, all other organizations and the citizens in the development area.

(2) The guidelines, policies, specifications and targets regarding the affordable housing and various other components as proposed in the said 37 sanctioned plans shall be implemented by the Authority / local authorities within the development area.

(3) The Local Authorities shall be responsible for the implementation of the sanctioned plans in the development area under the overall control of the Metropolitan Commissioner / Vice-Chairperson.

CHAPTER V DEVELOPMENT SCHEMES

(i) Types and details of Development Schemes

17. Development Schemes -

(1) Subject to the provisions of the Act or any other law for the time being in force, the Authority may, within its jurisdiction, or any part thereof, for the purpose of achieving planned development and for providing better infrastructural facilities by implementing the proposals as envisaged in the sanctioned development plans on its own or authorize any other body or any Licensed Developer to prepare and implement one or more Development Schemes in conformity with such plans:

Provided that the scheme is contiguous and approachable by a public road.

(2) Land uses earmarked in the sanctioned development plans for ‘Periurban use, conservation use, agricultural use or any other non-conflicting use as may be decided by the Authority, shall automatically stand converted to uses proposed under the development scheme.

Provided that land uses earmarked as ‘bio-conservation use, water bodies, buffer zone, forest use and all other prohibited uses as may be decided by the Authority including roads and utilities in the sanctioned development plans are prohibited for automatic change of land use or modification.

Provided further that the marginal realignment of road network proposed in the sanctioned development plans may be considered by the Authority, if the said realignment is within the Scheme area only and is essential in the overall interest of the development of the area.

(3) The Authority or the Metropolitan Commissioner / Vice- Chairperson, as and when required, may by notification invite applications from any ‘Developer Entity’ to undertake a Development Scheme independently or jointly with the Authority as specified in accordance with the provisions of this Act, as per the terms and conditions specified in the notification and as per the conditions stipulated by the Authority while according sanction for the Development Scheme.

(4) Types of Development Schemes - The types of development schemes shall be,-

(a) Land Pooling Scheme [LPS],

(b) Town Planning Scheme[TPS],

Power of the Government to require the authority to make a development scheme -

(5) Notwithstanding anything contained under the Act, the Government may, after making such inquiry as it deems necessary, by notification, require the Authority to make Development Scheme in respect of any area within the development area which conforms to the provisions of the Act.

(6) For the purposes of the provisions of the Act, the requisition made by the Government through the notification shall be deemed to be the declaration of intention to make a scheme.

18. Provisions of the development scheme- The development scheme may make provisions for any of the following matters, namely,--

(1) the laying out or relaying out of land, either vacant or already built upon;

(2) for the lands likely to be used for construction of buildings for residential or commercial or industrial or for any other purposes as decided by the Authority;

(3) layout of new streets or roads, construction, diversion, extension, alternation, improvement of streets and communication network;

(4) the allotment of land for roads, spaces for public purposes like open spaces, gardens, recreation grounds, schools, markets, green belt, transport facilities, utilities and amenities of all kinds;

(5) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal;

(6) lighting;

(7) water supply;

(8) trunk and other infrastructure required to service the infrastructure within the development area;

(9) preservation, conservation and protection of all heritage related objects and also water bodies;

(10) the preservation of objects of historical or national interest or natural beauty;

(11) any other provisions as may be prescribed.

19. Content of the development scheme -

(1) The Development Scheme shall contain the following particulars, namely,-

(a) survey numbers as in diglot or res-survey register or fair adangal, survey numbers as in record of rights and adangal, sub-division sketch from field measurement book of the original survey number as well as sub-divided survey number, revenue village, extent of land;

(b) Details of ownership of all parcels of land;

(d) the land use break-up of the scheme;

(e) the re-constituted plots [Final Plot / Land] which would be reallotted to the land owners;

(f) method of re-allotment or registration;

(g) original location of the land and location of the developed land;

(h) the plots or lands to be allotted to the Authority or ‘developer entity’ in lieu of the cost of development towards the preparation, sanction, provision of infrastructure and amenities and implementation of the Scheme;

(i) the plots or land to be allotted to the Authority in lieu of the cost of development towards provision of infrastructure and amenities and other costs and expenses to be incurred for the scheme and external trunk infrastructure;

(j) type of the development entitled for each of the plot / land based on the use of the development;

(k) line estimates for development of the scheme. [level and cost of infrastructure shall be as per the prescribed standards];

(l) the scheme shall also indicate the area proposed for the various purposes as may be prescribed;

(m) any other particulars as may be prescribed.

(2) It shall also contain any specific development promotion regulations to control the developments in the scheme area.

20. Infrastructure and amenities to be provided –

(1) The Authority or the developer entity whoever undertakes the development scheme shall provide the following infrastructure and amenities in the development scheme area:-

(a) road development;

(b) electricity lines and street lighting;

(d) sewerage works – distribution network and sewerage treatment plant;

(e) storm water drains network;

(f) rain water harvesting system;

(g) telecommunication lines located in exclusive strips of land over ground or in ducts under the surface;

(h) development of open spaces for parks & play grounds and avenue plantation without obstructing pedestrian ways or roads;

(i) any other amenity as may be prescribed.

(2) The responsibility of providing infrastructure within the reconstituted plot shall lie with the plot owner.

21. Cost of the development scheme – The cost of the development scheme shall include,-

(1) all sums payable to the Authority under the provisions of the Act;

(2) all sums spent or estimated to be spent to undertake the scheme including proportionate external and full internal infrastructure cost or betterment charges;-

(a) in the making of the Scheme;

(b) in the execution of the Scheme;

(3) all sums payable to any other Agency or Government under the provisions of any other relevant Acts;

(4) administrative and legal expenses including risk reserves based on the future litigations;

(5) the cost of publication charges in the newspapers pertaining to the scheme;

(6) registration charges, if any;

(7) any other sum payable as may be prescribed.

22. Reconstitution of plots –

(1) The title of the land owners covered under the development scheme shall be verified with reference to the revenue records and registration documents and other relevant records of ownership of land by the officer authorized by the Authority and an order issued under his seal and signature 41 confirming the acceptance or otherwise of the land for the development scheme.

(2) In the development scheme, the size and shape of every plot shall be determined, so far as may be, to render it suitable for development and complying with the provisions of the scheme.

(3) The development scheme may be prepared in sectors with the name and number of the plots, roads and the developed final plots which shall be allotted in the development scheme area to the owners in accordance with the eligibility as may be prescribed.

(4) The Authority may earmark the land allotted to it as a separate sector or in a group of sectors for specific purposes and the reconstituted plot / land to the land owners in separate sector or group of sectors for the purposes specified in the development scheme.

(5) The development scheme may contain proposals:--

(a) to form reconstituted plot / land by the reconstitution of the original lands by the alteration of its boundaries and by the transfer of any adjoining lands if necessary.

(b) for location of the reconstituted plot / land anywhere in the identified area of the development scheme.

(d) to provide with the consent of the owners that the reconstituted plot / land may be allotted jointly as common reconstituted plot.

(e) for allotment of a reconstituted plot / land to any owner dispossessed of land in furtherance of the scheme.

(6) The proportion and extent of eligibility for each land owner shall be determined before publishing the draft development scheme.

23. Restrictions on the use and development of land after publication of draft development scheme -

(1) On or after the date on which a draft development scheme is published, no person shall, within the area included in the scheme, carry out any development unless such person has applied for and obtained the necessary permission for doing so from the Metropolitan Commissioner / Vice-Chairperson in prescribed form and on payment of such scrutiny fees and charges as may be prescribed by regulations.

(2) Where an application for permission is received by the Metropolitan Commissioner / Vice-Chairperson, he shall, send to the applicant a written acknowledgement of its receipt and after making such inquiry as it deems fit 42 and in consultation with the officer authorized by the Metropolitan Commissioner / Vice-Chairperson, may either grant or refuse such permission or grant it subject to such conditions as he may think fit to impose.

(3) If any person contravenes the above provisions or of any conditions imposed, the Metropolitan Commissioner / Vice-Chairperson may direct such person by notice in writing to stop any development in progress, and after making an inquiry in the prescribed manner remove, pull down, or alter any building or other development or restore the land or building in respect of which such contravention is made to its original condition.

24. Disputed ownership -

(1) Where there is a disputed claim to the ownership of any piece of land included in the development scheme area in respect of which a declaration of intention to make a development scheme has been made and any entry in the record of rights or mutation relevant to such disputed claim is inaccurate or inconclusive, an enquiry may be held by an Officer appointed by the Government in case of any development scheme in the manner as prescribed or the Planning Officer in case of a Town Planning Scheme, at any time before the final allotment of the reconstituted plot / land for the purposes of deciding as to who shall be deemed to be the owner for the purposes of the Act and pass orders under his seal and signature.

(2) Such decision shall not be subject to appeal but it shall not operate as a bar to a regular suit in a Court of competent jurisdiction.

25. Registration of document, plan or map in connection with development scheme not required -

(1) Nothing in the Registration Act, 1908 (Act No.16 of 1908) shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a Development Scheme implemented by the Authority which has come into force.

(2) All such documents, plans and maps shall, for the purposes of Section 48 and 49 of the Registration Act, 1908 be deemed to have been registered in accordance with the provisions of that Act:

Provided that the documents, plans and maps relating to the sanctioned scheme shall be accessible to the public in the manner prescribed.

(ii) Land Pooling Scheme

26. Land Pooling Scheme - (1) “Land Pooling Scheme” means the pooling together of all the lands in an identified area, under different ownerships voluntarily and redistributing it in a properly reconstituted form after development and re-allotment of the pre-defined extent of the land to the Land Owners, after deducting the land required for public open spaces for parks and play grounds, social housing for economically weaker sections, 43 social amenities such as school, dispensary, other civic amenities etc, road network and other infrastructure as specified under the Act and duly retaining a part of the land by the Authority in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the Scheme and external trunk infrastructure.

(2) The land pooling scheme is intended for land owners volunteering to surrender their land against a guaranteed return of a developed and reconstituted plot / land.

27. Reservation and allotment of land for various purposes in land pooling scheme -

(1) The reservation and allotment of land for various purposes in the Land Pooling Scheme may be as specified below:--

(a) reservation of land to an extent of ten percent of total scheme area for parks, playgrounds, gardens and open spaces;

(b) allotment of land for roads and utility services to an extent of thirty percent of total scheme area;

(c) allotment of land to an extent of five percent of total scheme area for social amenities such as school, dispensary and other community facilities;

(d) allotment of land to an extent of five percent of total scheme area for providing affordable housing for the poor;

(e) a share of total area of the scheme specified by the Authority for reconstituted plots [Final Plot], for re-allotment to the Land Owners;

(f) a share of total area of the scheme specified by the Authority in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the Scheme and external trunk infrastructure for re-allotment to the Authority. The Authority may use this allotted land for residential or commercial or public or semipublic or any other purposes as may be approved by the Authority:

Provided that the percentage of the allotment of land as specified in Clauses from (b) to (d) may be altered by the Authority while preparing the Land Pooling Scheme depending upon the nature of existing and proposed development, sanctioned development plans and for the reasons to be recorded in writing.

(2) The area of the Land Pooling Scheme shall be as notified by the Authority under section 29 of the Act.

28. Role of developer entity - The developer entity intending to undertake Land Pooling Scheme shall obtain a license from the Metropolitan Commissioner / Vice-Chairperson to formulate and implement a Land Pooling Scheme containing such particulars and details as may be prescribed:

Provided that,-

(1) The developer entity shall submit the application to formulate and implement a Land Pooling Scheme only after the notification issued as stated at sub-section (3) of section 17 under the Act;

(2) The developer entity shall be responsible for the pooling of the land under land pooling scheme and all the requirements of the scheme as may be prescribed under the Act shall be complied with;

(3) The costs for development of the development scheme shall be factored into the project before the developer undertakes the development work;

(4) The developer entity shall obtain all necessary permissions from the Metropolitan Commissioner / Vice-Chairperson as required under the Act duly paying the prescribed fees and charges to undertake the Scheme;

(5) The developer entity shall mortgage a part of the Scheme area as prescribed in favour of the Authority in order to comply with the conditions of the development scheme. The same shall be reconveyed by the Metropolitan Commissioner / Vice-Chairperson while issuing the completion certificate of the scheme.

29. Declaration to take up the land pooling scheme and Suggestions and objections to the notification of intention -

(1) The Competent Authority for land pooling scheme shall be the Metropolitan Commissioner / Vice-Chairperson or an officer appointed by the Government and also includes such other officers along with staff, appointed by Government for the purpose.

(2) The area for the land pooling scheme may be identified by the Competent Authority either on his own or based on the applications received from the land owners or developer entity.

(3) The Competent Authority shall obtain the approval of the Authority and initiate Land Pooling Scheme for the identified area:

Provided that no such approval shall be necessary in case of any area notified by the Government under sub-sections (5) and (6) of section 17.

(4) The Competent Authority for land pooling scheme shall issue a notification declaring its intention (hereafter referred to as the ‘declaration of intention’) to make the land pooling scheme in respect of such an area in the 45 prescribed manner within prescribed time period, calling for objections or suggestions as well as consent from the Land Owners or interested parties whose lands are included in the land pooling scheme so as to reach within thirty days from the date of publication of such notification.

(5) The Competent Authority shall consider and dispose of all such objections and suggestions within the prescribed time limit and approve the Land Pooling Scheme area with or without modifications within the prescribed time period.

(6) The Competent Authority for land pooling scheme within the prescribed time period shall notify the modified area of the land pooling scheme for the preparation of draft land pooling scheme.

(7) Verification of the title and extent of consenting land owners shall be done under sub-section (1) of section 22.

(8) Disputed ownership shall be resolved under section 24.

30. Preparation and notification of Draft Land Pooling Scheme -

(1) The Competent Authority for land pooling scheme shall make a draft land pooling scheme of the area in accordance with the sanctioned development plans in consultation with land owners within the time period.

Such consultations shall be related to the provisions made under section 18 of the Act and each such consultation has to be recorded in writing and has to be signed by the Competent Authority for land pooling or any other authorized officer on behalf of the Authority.

(2) The Competent Authority shall approve and publish the notification of draft land pooling scheme within prescribed time period along with the conditions if any for carrying out the provisions of the scheme, calling for objections or suggestions from the land owners whose lands are included in the land pooling scheme giving a time period of thirty days from the date of publication of the notification.

31. Publication of final Land Pooling scheme and issue of the LPOC –

(1) If any person affected by such scheme communicates in writing, the Competent Authority shall consider such objections relating to such scheme and at any time before approving the final land pooling scheme, modify such scheme as it thinks fit.

(2) The Competent Authority after considering the modifications shall approve the final land pooling scheme and publish the notification of the final land pooling scheme.

(3) The notified area under the final land pooling scheme shall vest absolutely with the Authority or the developer entity, as the case may be, free from all encumbrances, for reconstituting and implementing the land pooling scheme.

(4) After publication of the Final Land Pooling Scheme, within a prescribed period of time, the Competent Authority shall issue a Land Pooling Ownership Certificate [LPOC] to each land owner which shall contain details of the land owner’s original land and that of the reconstituted Plot / Land, including its original ownership details, along with a sketch of reconstituted plots and such Certificate shall be the conclusive evidence of the title of the property in respect of the reconstituted Plots / Lands and shall be eligible for transfer of rights of the property in accordance with the provisions of the Registration Act, 1908 (Act No.16 of 1908).

(5) After notification of the final land pooling scheme, the same shall be incorporated in the notified sanctioned development plans as the case may be.

(6) All lands reserved for the parks, play grounds and open spaces, and all lands allotted for roads, social amenities and affordable housing shall be deemed to be handed over to the Authority upon the notification of the final land pooling scheme.

(7) All lands allotted for the Authority or the developer entity, as the case may be, shall also be deemed to be handed over to the Authority or the developer entity, as the case may be.

(8) The notified final land pooling scheme shall be a deemed layout development permission by the Authority.

(9) The owner of the reconstituted plot will be responsible for the following, namely,--

(a) for providing all the required infrastructure within the reconstituted plot or land and for obtaining development permissions as per applicable regulations;

(b) to obtain all permissions and requisite ‘No Objection Certificates’ required for the development of the reconstituted plot; and

(c) to pay necessary fees and charges as per the rules for the sanction of development permission before commencing any construction activity on reconstituted plots.

32. Implementation of Final Land Pooling Scheme –

(1) The permission for the final land pooling scheme shall remain valid for a period as may be prescribed.

(2) The physical demarcation of roads and plots of the final land pooling scheme shall be commenced immediately on final sanction and shall be completed within a period as may be prescribed.

(3) The Competent Authority for land pooling scheme shall hand over the reconstituted plots to the land owners after formation of the roads as per the final land pooling scheme within a period as may be prescribed.

(4) The remaining infrastructure shall be developed in a phased manner in a period as may be prescribed.

(5) If the works are not completed within a prescribed period, the final sanction and permission shall be revalidated by the Authority for a maximum period as may be prescribed.

33. Completion of final land pooling scheme-

(1) The Competent Authority shall, duly furnishing the details of completion of the works along with the necessary infrastructure plans, publish a notice of completion of the final land pooling scheme within the period as may be prescribed.

(2) The Competent Authority shall also publish the details of reallotment of reconstituted plots / lands along with land mutation records or land pooling ownership certificates.

(3) On verification of the details in sub-sections (1) and (2), the Competent Authority shall issue the Completion Certificate along with layout of final land pooling scheme.

34. Maintenance of the common infrastructure & facilities after issue of completion certificate -

(1) The reconstituted plot / land owners shall have to pay for the usage, consumption and maintenance charges levied by the agencies responsible for the common infrastructure and respective services including roads, street lighting, solid waste management, sewerage treatment plant, water supply, parks and play grounds and other amenities.

(2) The Authority may maintain the common infrastructure and facilities either on its own or authorize a Local Authority or a resident welfare association duly collecting the necessary charges for such maintenance.

(iii) Town Planning Scheme

35. Town Planning Scheme - (1) Subject to the provision of this Act or any other law for the time being in force, the Authority may make

The Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016

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