(1) Notwithstanding anything in any other law or regulation in force, where the Government consider expedient for the effective functioning of the Authority, they may, by notification, suspend any of the powers of local authority relating to the control on development and use of lands and buildings under the 35[Greater Hyderabad Municipal Corporation] Act, 1955 the 36[Telangana Municipalities Act, 1965], the 37[Andhra Pradesh Gram Panchayats Act, 1964], the 38[Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959] and transfer such powers to the Authority.
(2) Where such powers are transferred to the Authority, the Authority shall be deemed to be the local authority concerned; the Chairman of the Authority shall be deemed to be the Standing Committee of the Municipal Corporation or the Chairman of the Municipality or the Sarpanch of the Gram Panchayat or President of the Panchayat Samithi or Chairman of the Zilla Parishad as the case may be 39[and the Vice-Chairman of the Authority shall be deemed to be the Executive Authority]; and the Authority shall strictly exercise the powers transferred to it under sub-section (1) within the area under the territorial jurisdiction of the local authority concerned.
35. Substituted by Act No.13 of 2008.
36. Adapted by G.O.Ms.No.142, Municipal Administration & Urban Development (F2) Department, dated 29.10.2015.
37. Repealed by Act No.13 of 1994. (See now Act 5 of 2018).
38. Repealed by Act No.31 of 1986. (See now Act 5 of 2018).
39. Substituted by Act No.7 of 1984.
Power of Government to transfer the powers of the Councils, Panchayats, Zilla Parishads, etc., to the Authority.
44 [Act No. 1 of 1975]
(3) Where the jurisdiction of the Authority includes the areas in which the 40[Andhra Pradesh (Andhra Area) Town Planning Act, 1920] is in force, the Authority shall be the Municipal Council or the Town Planning Trust as the case may be to enforce the provisions of the said Act, and the Authority and its Chairman shall be deemed to be the Municipality and its Chairman or the Town Planning Trust and the Chairman of the Town Planning Trust, as the case may be and the provisions of the said Act shall stand modified accordingly.
41[37. If in the opinion of the Government, 42[any member including the Chairman] is found guilty of any misconduct in exercising or purporting to exercise the right conferred or performing or purporting to perform the functions imposed by or under this Act, the Government may by notification, and with effect from a date to be specified therein, replace such member and accordingly with effect from the said date the member shall forthwith be deemed to have vacated his office as such:
Provided that the Government shall, when they propose to take action under this section, give the person concerned an opportunity of making representation on the action proposed and the notification issued shall contain a statement of the reasons for the action taken.]
38. 43[(1) Notwithstanding anything contained in this Act, where, for any reason, there is delay in the constitution or re-constitution of the Authority in accordance with the provisions of this Act, the Government may, by notification appoint a Special Officer to manage the affairs of the
40. Andhra Area Act.
41. Substituted with marginal heading by Act No.8 of 1983.
42. Substituted by Act No.7 of 1984.
43. Sub-section (1) of section 38 substituted by Act No.7 of 1994.
Replacement of members.
Power of Government to appoint a Special Officer.
[Act No.1 of 1975] 45 Authority under the Act, for a period which shall not exceed one year from the date of such appointment:
Provided that the Government may, from time to time, by notification in the 44Telangana Gazette and for reasons specified therein extend the said period of appointment of Special Officer beyond one year, for a further period or periods, so however the period of appointment of the Special Officer shall not, 45[in the aggregate exceed two years].]
(2) Upon the publication of a notification under subsection (1)-
(i) all the powers and functions of the Authority and of its Chairman 46[and Vice-Chairman] shall, during the period specified in the notification under sub-section (1), be exercised and performed by the Special Officer; and
(ii) all property vested in the Authority shall, during the period specified in the notification, vest in the Government.
(3) The Government may reconstitute the Authority in the manner provided in this Act, before the expiry of the period notified under this section, and the Special Officer shall cease to manage the affairs of the Authority on such reconstitution.
44. Substituted by G.O.Ms.No.148, MA&UD (M1) Department, dated
31.10.2015.
45. Substituted by Act No.12 of 2000.
46. The word ―Vice-Chairman‖ inserted by Act No.7 of 1984.
46 [Act No. 1 of 1975]
CHAPTER IX.
ART COMMISSION.