comprehensive training manual 2019

Directorate of Town and Country Planning (DT&CP)

Municipal Administration and Urban Development (MA&UD)

Government of Andhra Pradesh

Comprehensive Training Manual 2019

Botsa Satyanarayana Minister of Municipal Administration

Urban Development

I am happy to announce

with “Comprehensive Training Module” to the newly recruited Ward Planning and Regulation

Secretary.

After bifurcation Andhra

public and one major aspect among

issues Directorate of Town and Country Planning has come up with various schemes like

APDPMS, BPS and GIS based Master Plans

and under progress.

In order to regulate rapid

Chief Minister, Government of

Planning and Regulation Secretary their duties and responsibilities were clearly mentioned in

the manual and all the basic information

taken up by town planning department

I wish all the ward planning

presence would be marked as milestone

history.

Administration &

Message

that the Directorate of Town & Country Planning


Andhra Pradesh has faced many difficulties in addressing

among was land and its fiscal matters. In order


APDPMS, BPS and GIS based Master Plans preparation which were successfully implemented

rapid urbanization Sri. Y.S.Jaganmohan Reddy Garu,

of Andhra Pradesh has sanctioned 3770 positions for Ward

tion Secretary their duties and responsibilities were clearly mentioned in

information pertaining to statutory provisions, details

department has been clearly described in the manual.

planning and regulation secretaries a great success

milestone in department and Andhra Pradesh State

Botsa Satyanarayana

Planning have come up


addressing needs of

to address such


preparation which were successfully implemented

Garu, The Hon’ble

Andhra Pradesh has sanctioned 3770 positions for Ward

tion Secretary their duties and responsibilities were clearly mentioned in

details of scheme

manual.

success and wish their

State Government

Botsa Satyanarayana

J.Syamala Rao, IAS

J.Syamala Rao, IAS Secretary to Government Municipal Administration & Urban Development.

Message

I am glad to announce that the Directorate of Town & Country Planning have come up


Secretary Position in the department.

Rapid urbanization has been witnessed in the state of Andhra Pradesh during the last

five years, growing population has increased the needs of public. To cater the needs the

department of Municipal Administration & Urban Developments and its line departments have

been working at the core and maximum technology has been adopted in system functioning.

One of the biggest achievement and asset of the department was APDPMS (Online building

permission) which was implemented by Directorate of Town and Country Planning. The step by

step process of APDPMS and various other relevant topics have been incorporated in the

training manual for the ward planning and regulation secretary to function his role and

responsibilities.

I convey my best wishes to Ward Planning and Regulation secretaries and the Town

Planning Officials.

V. Ramudu

V. Ramudu

Director of Town and Country Planning Municipal Administration &Urban Development.

Message

I am extremely happy to announce that the Directorate of Town & Country Planning has completed 58 years and has occupied renowned position in dealing with planning aspects and its components. Since its inception, Department has extended its branches in the field of Engineering, Architecture & Planning, Development Control &Regulation and successfully implemented APDPMS and BPS. This department has also taken up GIS based Master plan preparation for all 110 ULBs.

I am glad that this department has successfully brought out the “Comprehensive Training Module” to the newly recruited Ward Planning and Regulation Secretary and Town Planning staff. The training manual helps to understand the functioning of the department, importance and involvement in dealing with various types of works assigned to them.

The department wishes the ward planning and regulation secretaries for their success and wish that they work hard to regulate the development activities at ward level and monitor at regular intervals for sustainable growth and development of the ward which directly impacts the growth of the Urban Local Body(ULB), District and State.

I take this opportunity to thank Hon’ble Chief Minister, Hon’ble Minister for MAUD, Secretary, MA&UD for sanctioning required staff and supporting this department.

Further I take this opportunity to thank all the former Directors for their immense contributions to this department and state of Andhra Pradesh.

Contents

1 Departments in Municipal Administration & Urban Development (MA&UD) and Functions _ 5

Commissioner and Director of Municipal Administration (C&DMA) 5

Engineer in Chief (Public Health & Municipal Engineering Department) 6

Directorate of Town and Country Planning 6

APUFIDC (Andhra Pradesh Urban Finance and Infrastructure Development Corporation) __ 7

Urban Development Authorities and area Development Authority in the State 7

Municipal Corporations at Visakhapatnam and Vijayawada 9

The Mission for Elimination of Poverty in Municipal Areas MEPMA 10

AP Swachh Corporation (APSC) 10

AP Urban Greening & Beautification Corporation (APUGBC) _ 11

Andhra Pradesh Capital Region Development Authority (APCRDA) _ 11

Andhra Pradesh Urban Infrastructure Asset Management Limited (APUIAML) 11

Andhra Pradesh Township and Infrastructure Development Corporation(APTIDCO) _ 12

Andhra Pradesh Real Estate Regulatory Authority (APRERA) 12

Town and Country Planning (DTCP) Department 12

Job chart of Ward Planning & Regulation Secretary, Grade-II 17

2 Provision of Various Acts supporting functioning of Planning and Regulation 22

Relevant Act 22

Relevant Rules 22

ACTs 22

3 Delegation of powers _ 134

4 Approval of Building Plans 141

Building – statutory requirement obtaining Building permission. 141

AP Building Rules _ 143

Master Planning Zoning Regulations 143

Fire Protection And Fire Safety Requirements 143

Andhra Pradesh Town and Country Planning Training Manual

2

CRZ Regulations 143

Procedure for obtaining Building Permission 144

Building Permit Fees and other Charges 144

Post Verification of Building Permissions 145

Deemed Post Approval Verification 145

Occupancy Certificate _ 145

5 Layout 149

Merits of having layout 149

AP Layout Rules 2017 149

6 Master plan 174

Need for Planning 174

Surveying: 178

Preparation of general Town Planning scheme and detailed Town Planning scheme under A.P.T.P act 1920 181

Master plan and zonal development plan prepared under AP Metropolitan Urban & Regional Development Act, 2016 187

Importance of GIS based Master Plans 192

Status of GIS based Master Plans in Andhra Pradesh. 192

Master Plan Zoning Regulations: 193

Procedure for the change of land use 195

7 Building Penalization Scheme _ 199

Why B.P.S is adopted 199

Stage wise procedure adopted 199

8 Fees and Charges 203

Legal Provision 203

Government Orders _ 206

9 Layout Regularization Scheme 211

Applicability of the scheme: _ 211

10 New Telecommunication Infrastructure Towers 216

11 Street Vending 226


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12 Enforcement Actions _ 254

Unauthorised Constructions: _ 254

13 Road Widening 257

Preparation of Road Development Plans/ Circulation network plans 257

Identification of Properties affected in Road widening: 257

Negotiations with property owners and obtaining consents / Obtaining Registered Gift Deeds / Issue of TDR: 257

14 Transferable Development Rights (TDR) _ 259

Importance of TDR 259

Grant of TDR 259

Eligibility for TDR 261

Utilisation of TDR 266

Areas Restricted from Utilisation of TDR 268

15 Rain Water Harvesting _ 277

CONCEPT OF RAINWATER HARVESTING STRUCTURE AND IMPORTANCE 277

MANDATORY PROVISION IN BUILDING APPROVAL 277

NEED to CREATE AWARENCESS 277

16 Dilapidated Buildings 283

A. Identification / Certification from engineering wing / Issue of Notices/ Enforcement Actions 283

17 Record Maintenance 285

Maintenance of Registers: _ 285

18 Court Cases 287

High Court and Local Court Cases : _ 287

19 Right to Information Act, 2005 289

Bringing Information to the Citizens _ 289

Objective of the Right to Information Act 289

What is a Public Authority 290

Central Assistant Public Information Officer (CAPIO) 290

20 Service Rules 297


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21 Professional Ethics, Morals, Behavior 300

Annexure 304

Chapter 1

Introduction


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1 Departments in Municipal Administration & Urban Development (MA&UD) and Functions

In Andhra Pradesh, the urban civic governance comes under Municipal Administration and Urban Development Department (MA&UD). The Department of Municipal Administration and Urban Development is the governing body comprising of following departments/Head of the Departments (HODs).

1. Commissioner and Director of Municipal Administration (C&DMA) 2. Engineer in Chief - Public Health Engineering Department (PHED) 3. Director of Town and Country Planning (DT&CP) 4. Andhra Pradesh Urban Finance & Infrastructure Development Corporation (APUFIDC) 5. Urban Development Authorities (UDA) 6. Mission for Elimination of Poverty in Municipal Areas (MEPMA) 7. AP Swacha Corporation 8. AP Cleaning & Greening Corporation 9. Andhra Pradesh Capital Region Development Authority (APCRDA) 10. Andhra Pradesh Urban Infrastructure Asset Management Limited (APURBAN) 11. Andhra Pradesh Township and Infrastructure Development Corporation(APTIDCO) 12. Andhra Pradesh Real Estate Regulatory Authority(APRERA)

Functions of HODs

Commissioner and Director of Municipal Administration (C&DMA)

The Commissioner & Directorate of Municipal Administration (C&DMA) is the apex organization of Municipal Administration and Urban Development Department of Government of Andhra Pradesh (GoAP), which provides guidance to Municipal Corporations and Municipalities in performing their day to day activities in adherence to the policies, procedures and guidelines provided by MA & UD Department to achieve effective civic administration. The Directorate is headed by the Commissioner and Director of Municipal Administration (C&DMA).


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C&DMA administers through the Office of Directorate of Municipal Administration (DMA), Regional Offices (RDMA) and Urban Local Bodies (ULBs) spread across the State. DMA, in its supervisory role, monitors the functioning of the ULBs against key parameters such as the tax collections, project and civic works executed, the implementation of the schemes of the Government etc. It also includes the supervision of the regulatory and developmental functions of the ULBs. DMA interacts with several other departments such as Public Health Engineering Department, Town and Country planning department, State Audit Department, Urban Developmental Authorities, Municipal Corporations, and Water boards etc to enable seamless delivery of urban civic services to the citizen.

Engineer in Chief (Public Health & Municipal Engineering Department)

The Public Health & Municipal Engineering Department is under administrative control of Municipal Administration and Urban Development Department at the Secretariat level. The Department is in charge of Formulation, Designs, and Execution of Water Supply and Sewerage Schemes in all the 110 Municipalities (including 97 Municipalities, 12 Municipal Corporations and 1 Greater Municipal Corporation) besides the Technical Control over all the Engineering works in these Municipal Towns and Corporations. After completion, the Water Supply and Sewerage Schemes are being handed over to the concerned Municipal Corporations and Municipalities for operation and maintenance.

The PH & ME Department offers the following services to the ULBs (Urban Local bodies i.e, Municipal Corporations and Municipalities)

i. Approval of designs of Municipal works. ii. Technical sanction to estimates. iii. Technical opinion to the Municipalities in finalization of tenders. iv. Check measurement of works executed by the Municipal Engineers grade II & III. v. Periodical inspection of water supply and sewerage schemes maintained by

Municipalities. vi. Approval of Bye-laws for water supply in Urban Local Bodies.

Directorate of Town and Country Planning

a. The Director of Town & Country Planning is head of the organization. The department is in charge of planning and development in urban and rural areas. The development is achieved through Master Plans prepared for the urban centers and rural areas by way of General Town Planning Schemes (Master Plans) and Indicative Land Use Plans (ILUPs). Development plans for mandal headquarters are prepared by the department. The planned development is achieved through approval of layouts and by regulating the developments through building rules and zoning regulations and approval of industrial installations.


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b. The Directorate of Town and Country Planning has two distinct functions, one under urban front and the other on the rural front. In respect of urban area particularly the Municipal towns are planned and regulated under the provisions of APTP Act,1920 and under the provisions of local body acts, viz., Municipal Corporation Act, Andhra Pradesh Municipalities Act and A.P Urban Areas (Development) Act and A.P. Cinematography Act. In respect of rural Areas, the developments are regulated under the provisions of Andhra Pradesh Panchayat Raj Act, 1992 in respect of approval of layouts and granting permissions for industries and installations.

c. The department assists the Government in all Town and Country Planning matters as well as in coordinating with various departments involved in area development like A.P. Housing Board, A.P. State Housing Corporation. A.P. Industrial and Infrastructure Development Corporation and Industries Department etc.

d. Various schemes involving area planning and development of Environmental Improvement schemes are formulated and monitored by the department. The department provides technical assistance to various departments involved in planning and development of urban areas.

e. The department offers technical remarks to the Government in the matters like modification to the Master Plans (change of land use, deletion / alignment of master plan roads in the notified master plans), alienation of lands and in the matters related to formulation and relaxation of any building rules and regulations.

f. The department is able to achieve a fairly reasonable level of developments in most of the urban centers by way of suggesting and implementing layouts and regulating the industries and other buildings as per the norms. Apart from the above, the department is also suggesting and getting implemented various Environmental Improvement Schemes, remunerative schemes and road widening schemes at various levels.

APUFIDC (Andhra Pradesh Urban Finance and Infrastructure Development Corporation)

The Andhra Pradesh Urban Finance and Infrastructure Development Corporation Limited have been constituted during 1993 with an objective to channelize the funds from the financial institutions, government of Andhra Pradesh, Government of India to Urban Local Bodies.

Urban Development Authorities and area Development Authority in the State

There are 16 UDAs in the State and Special Area Development Authority

1. AP Capital Regional Development Authority (APCRDA) (Erstwhile VGTM UDA)


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2. Visakhapatnam Metropolitan Region Development Authority (VMRDA)(Erstwhile VUDA)

3. Tirupati Urban Development Authority (TUDA) 4. Puttaparthy Urban Development Authority (PUDA) 5. Visakhapatnam Kakinada Petroleum, Chemical & Petro –Chemical Investment

Region Special Development Authority(VKPCPIR-SDA) 6. Machilipatnam Urban Development Authority (MUDA) 7. Godavari Urban Development Authority (GUDA) 8. Nellore Urban Development Authority (NUDA) 9. Kurnool Urban Development Authority (KUDA) 10. Anantapuramu-Hindupur Urban Development Authority (AHUDA) 11. Eluru Urban Development Authority (ELUDA) 12. Ongole Urban Development Authority (ONUDA) 13. Annamayya Urban Development Authority (ANUDA) 14. Srikakulam Urban Development Authority (SUDA) 15. Bobbili Urban Development Authority (BUDA) 16. Chittoor Urban Development Authority (CHUDA) 17. Palamaneru Kuppam Madanapalle Urban Development Authority (PKM-UDA)

1. Objectives

i. Preparation of Master Plan and ensuring development as envisaged in the same.

ii. Co ordination of development activities with various agencies and providing infrastructure facilities.

iii. Formulation of projects in sectors and their implementation. iv. To regulate and control the development through statutory plans and other

measures.

2. Functions i. To prepare the Master Plan, Zoning Development Plans (ZDP) for the entire

Development Area of their respective jurisdiction ii. To undertake land acquisition and development. iii. To achieve planned development by undertaking satellite townships and sites

and services. iv. To undertake housing projects for various income group under the Public

Housing Groups with the financial assistance of HUDCO. v. Road widening schemes / new road development projects. vi. Development of commercial complexes, shopping / office complexes.

Providing infrastructure in the township areas, colonies and layouts undertaken by UDAs.

vii. Allotment of houses and plots to various income groups.


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viii. Development of recreational facilities. ix. Urban forestry.

3. Funds and Finance

UDA's funds include their own revenue i.e. development charges, sale receipts on disposal of developed plots and built up houses / plots, rents etc, besides the annual grants and special grants for specific purposes from the State and Central Governments, loans, debentures etc.

Municipal Corporations at Visakhapatnam and Vijayawada

Greater Visakhapatnam Municipal Corporation:

The Vizag (Visakhapatnam) Municipality Was Set up as early as in 1858.The Vizag (Visakhapatnam) Municipality Was Formed in order to full fill the basic infrastructural needs of the people of the city and was converted in to Municipal Corporation in 1979. Visakhapatnam is one of the earliest municipalities along with Nellore, Kurnool, Vizianagaram and Bhimilipatnam. Voluntary Municipal Association was set up in Visakhapatnam in the year 1858 under All India Act XXVI of 1850 with the advent of Town Improvement Act of Madras (Act. 10 of 1865). Subsequently vide Madras District Municipalities Act 1884 the Commission was designated as Council. Since then the Vizag Municipality has grown in its Municipal limits due to incorporation of new areas and thus the need for conversion to Municipal Corporation occurred in the year 1979.

Visakhapatnam is growing steadily, with a current population of 17.30 lakhs in 2011and

projected to rise to around 20.99 lakhs by 2021. The population growth rate in the city is inflated due to the high in-migration, owing to the multitude of economic opportunities that it offers. The city spreads over 544 Sq.Km. It is the largest city of Andhra Pradesh. Located favourably mid way between Kolkata and Chennai, along the planned PCPIR.

GVMC came into existence after the Government of Andhra Pradesh released the

Government Order (GO) on November 21, 2005. With the inclusion of the Gajuwaka Municipality, Greater Visakhapatnam will have a large industrial base. Major industries such as the Visakhapatnam Steel Plant, the Bharat Heavy Plate and Vessels and the Hindustan Zinc, now a part of the Sterlite group will come under the limits of Greater Visakhapatnam. Vijayawada Municipal Corporation:

The Municipality of Vijayawada (Bezawada) was constituted on 1st April, 1888 and was upgraded as a selection grade municipality in the year 1960. The municipality was upgraded to a corporation in 1981. With the merger of Gunadala, Patamata and Bhavanipuram village


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panchayats and two villages Payakapuram and Kundavari Kandrika in the corporation in 1985. The total area of the corporation is 61.88 sq.kms. The city is divided into 59 political wards. An elected body headed by the Mayor performs the Administration of the Corporation. The Commissioner acts as the executive head, and oversees the day to day functioning of the local body. The staff strength of the corporation is just over 5000.

The Mission for Elimination of Poverty in Municipal Areas MEPMA

Govt has issued G.O Ms No 414 dated 4.6.2007 , establishing a Mission called MEPMA , for formulating strategies to implement poverty reduction programmes in urban areas.

Mission Goal

All the 30 lakh poor families will have improved quality of life by accessing services from all organizations through their own strong self reliant and self managed institutions.

The Mission for Elimination of Poverty in Municipal Areas (MEPMA) is a Government of AP Society forming part of Department of Municipal Administration & Urban Development.

It was launched on 1st September, 2007 by the then UPA Chairperson. Sri. N. Chandra Babu Naidu, Hon’ble Chief Minister of Andhra Pradesh is the Chairman of Governing body whereas Sri P.Narayana, Hon’ble Minister for Municipal Administration & Urban Development Department is the Vice Chairman.

The Principal Secretary, Municipal Administration, is the chairman of MEPMA’s Executive Committee. Mission Director, MEPMA, and her team implement the urban poverty alleviation schemes.

The district units are headed by Projects Directors.

AP Swachh Corporation (APSC)

The State government has decided to set up an exclusive corporation to manage the activities under the Swachh Andhra Pradesh programme. The corporation, Swachh Andhra Pradesh Corporation has been launched in line with the Swachh Bharat mission launched at the national level to make cities totally sanitised, healthy and liveable by deriving public health and environmental outcomes for all citizens with focus on hygiene and affordable sanitation for urban poor and women. The primary objective of the mission is elimination of open defecation, achieving 100 per cent collection and scientific processing, disposal, re-use and recycling of municipal solid waste.

Creating an enabling environment for private sector participation in capital and

operation & maintenance expenditure and public awareness are among other objectives of the


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mission, the government felt it necessary to establish Swachh Andhra Pradesh Corporation for effective implementation of the components of Swachh Bharat mission in urban local bodies including activities like individual sanitary latrine scheme and solid waste management. The government had sanctioned Rs.150 crore as seed capital to the corporation from the consolidated fund of the State for carrying out the activities.

AP Urban Greening & Beautification Corporation (APUGBC)

Government of Andhra Pradesh has observed that the urban vacant land is underexploited which can be put to economically viable and environmentally sustainable uses. These lands can be potentially utilized for different purposes such as transportation, recreation, commercial, environmental and welfare activities. Government felt that to realize the objective of greening and beautification of urban areas, a separate organization is required for protecting and planning of all urban vacant lands, municipal lands, parks, green zones etc. and to manage them effectively by establishing parks, urban forestry and herbal plantations, play grounds etc. within urban areas. Accordingly an organisation by name A.P Urban Greening and Beautification Corporation (APUGBC) has been established vide G.O. M.S. no.25 of MA & UD department dated 11.2.2015.

Andhra Pradesh Capital Region Development Authority (APCRDA)

The Andhra Pradesh Reorganisation Act of 2014 split the state of Andhra Pradesh into two parts, Andhra Pradesh and Telangana. Since Hyderabad is the capital of the state, before reorganization, is geographically located in Telangana, it was decided that a new capital would be selected for the post-bifurcation Andhra Pradesh though Hyderabad would continue to serve as the joint capital of the two new states up to 10 years.The Government of AP have enacted APCRDA Act 2014 for the declaration of new capital area for the state and establishment of the APCRDA for the purpose of Planning, Coordination, Execution, Supervision, Financing, Funding and for promoting and securing the planned Development of the CRDA.The New capital city comprises 24 villages & part of Tadepalli Mplty. and hamlets in three mandals namely, Mangalagiri, Thullur and Tadepalle mandals. It is to be built in an area of 217 square kilometres in Guntur district, on the banks of Krishna River and situated at a distance of 12 km on north-west of Vijayawada city and 20 km on north-east of Guntur City.

The entire region under the administration of Capital Region Development Authority (CRDA) has an extent of 8603 square kilometres and covers 58 mandals, of which 29 are in Krishna district and 29 in Guntur district. The capital city covers 18 fully and 11 mandals partially in Guntur district and in Krishna district it covers 15 mandals fully and 14 mandals partially that are administered under APCRDA.

Andhra Pradesh Urban Infrastructure Asset Management Limited (APUIAML)


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APUIAML is a joint venture between Government of Andhra Pradesh and IL&FS Group.GoAP holds 49% stake in the venture and IL&FS Investment Managers Ltd (“IIML”), a 100% subsidiary of IL&FS Group holds 51% stake.APUIAML will perform the roles of Project Development, Fund Management and Project Management as well as Capacity Building of the Project Companies, an end to end proposition to deliver value for both the State and the Investors.The value creation is being targeted using following channels:

1. For each Investment, a Comprehensive Asset Management Program will be put in place. 2. Introduce at SPV/ULB level-operational efficiencies, Strengthened Internal controls,

bring in best practices, Optimize Financing. 3. Structure projects to be bank able, reduce operating losses and contribution by

Government/ULB and leverage Government Grants. 4. Manage projects on an arm's length basis with strong Conflict Management Processes.

Andhra Pradesh Township and Infrastructure Development Corporation(APTIDCO)

Andhra Pradesh Township and Infrastructure Development Corporation Limited was established as a government syndicate to take up the task of integrated township and Infrastructure development across the state of Andhra Pradesh. It is the state level nodal agency for Pradhan Mantri Awas Yojana (PMAY) with capabilities of holistic planning, development, financing and implementation of affordable housing in the state, under Municipal Administration and Urban Development Department so as to ensure effective coordination of functioning among the key institutional stakeholders – viz., ULBs & Development Authorities, a nd achieving desired Mission outcomes including mandatory reforms, all of which fall under the domain of the Municipal Administration Department. It shall look upon to carry out the housing development integrated with the city development plan and not just as standalone construction activity.

Andhra Pradesh Real Estate Regulatory Authority (APRERA)

APRERA will guide the stakeholders of real estate activity to streamline the procedures required for construction of a new project with a view to encourage construction industry.

Town and Country Planning (DTCP) Department

The Directorate of Town and Country Planning has been established as an apex body in the planning matters for the state of Andhra Pradesh functioning under APTP Act 1920, Municipal Corporations Act 1955, AP Municipalities Act 1965, AP Gram Panchayats Act 1994, AP Metropolitan Region & Urban Development Authorities Act 2016, AP CRDA Act 2014 and AP PERA Act.

The Department is functioning with four regional Offices (Office of RDDTPS, 13 District Offices (O/o. DTCPOs), UDAs, 14 Municipal Corporations, 72 Municipalities 24 Nagar Panchayats.

Organisation Structure

(i) Head Office:-DT&CP located at State Head Quarters Present Guntur headed by Director of Town and Country Planning with supporting officers and staff.The DTCP Oversees the overall administration andULBs, UDAs, Regional offices

(ii) Regional Offices:- RegionalRegional Deputy Director of Town Planning activities in ULBs,prepare ILUPs for Rural Areas, conduct Annual Inspection of Gram Panchayats (ManHeadquarters) in TP mattress,delegations and any other duties


DT&CP located at State Head Quarters Present Guntur headed by Director of Town and Country Planning with supporting officers and staff.The DTCP Oversees

and functioning of all Town Planning Staff workingoffices and District offices in the state.

Regional offices were established in the regions in the Town and Country Planning. They will monitor

ULBs, conduct Annual Inspection of ULBs relatedprepare ILUPs for Rural Areas, conduct Annual Inspection of Gram Panchayats (Man

mattress, Technical approval for layouts and Industrialduties entrusted by DTCP.


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DT&CP located at State Head Quarters Present Guntur headed by Director of Town and Country Planning with supporting officers and staff.The DTCP Oversees

working in VMRDAS,

the state headed by monitor the functions of

related to TP activities, prepare ILUPs for Rural Areas, conduct Annual Inspection of Gram Panchayats (Mandal

Industrial Building as per

(iii) District Offices:- District Officewas established in the state to monitor the TP Activities for Gram panchayats, Annual Inspections of Gram Panchayats, to issue Technical approval in Gram Panchayats as per delegations and any other duty


Office for each District headed by District Towntablished in the state to monitor the TP Activities for Gram panchayats, Annual

Inspections of Gram Panchayats, to issue Technical approval in Gram Panchayats as per duty as entrusted by DTCP and RDDTP.


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Town Country Planning tablished in the state to monitor the TP Activities for Gram panchayats, Annual

Inspections of Gram Panchayats, to issue Technical approval in Gram Panchayats as per


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(iv) Urban Local Bodies:-

Municipal Corporations:- The Town Planning Section in Municipal Corporation is headed by Chief City Planner/City Planner/Deputy City Planner/Assistant City Planner.

Selection Grade/Special Grade:- The Town Planning Section is headed by Assistant City Planner.

1st Grade/2nd Grade/ III Grade Municipality & Nagar Panchayat:-The Town Planning Section is headed by Town Planning Officer.

Hierarchy of Town Planning Department(ULB/UDA):- Ward Planning & Regulation Secretary → → → →TPBO TPS TPO AD/ACP → DD/DCP → JD/CP → Addl. Director → CCP/DTCP.

Functions

Processing of online DPMS Building Permissions Processing of online layout permissions Processing of online CDCC cases (Installations cases) Processing of occupation certificate Identification and Regulation of Unauthorized Constructions Identification of deviation to the approved plans and violation of parking places. Removal of objectionable encroachments Identification dilapidated building and action taken as per the acts provisions Regulation of Advertisement hoardings. Identification of removal of unauthorized layouts. Issue notices to the unauthorized constructions and deviation to the approved plan

and violation of parking places and action taken as per the provisions of the act. Preparation of Road Development Plans. Road widening Preparation of Junction Development Plans and implementation Preparation of Type Designs Preparation of Circulation pattern Assistant for preparation of Master Plan Preparation of locality Maps Preparation of Master Data duly showing the in the plans for on line DPMS building

permissions Protection of layout open spaces paces


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Attended Court Cases OS in local courts and WPs in High Courts. Filing of charge sheet in the Hon’ble Court regarding unauthorized developments. To attend Election Work i.e. delimitation of wards, reservation of wards,

Preparation of Polling booth plans, route maps and other election work. To attend Census work.

Urban Development Authorities: The following 17 UDAs are functioning in the state for planned growth of Urban Areas:

Sl.

No.

Name of the UDA

Constituted

(Month-Year)

Area

(sq.km)

Population (In Lakhs)

1 AP Capital Regional Development Authority (APCRDA) (Erstwhile VGTM UDA)

Dec-14 8,603.00 58.73

2

Visakhapatnam Metropolitan Region Development Authority (VMRDA)(Erstwhile VUDA)

Sep-18

6,501.65

53.4

3 Tirupati Urban Development Authority (TUDA)

Nov-81 1,211.51 8.87

4 Puttaparthy Urban Development Authority (PUDA)

Feb-92 86.56 0.35

5

Visakhapatnam Kakinada Petroleum, Chemical & Petro –Chemical Investment Region Special Development Authority(VKPCPIR-SDA)

May-08

640.00

3.28

6 Machilipatnam Urban Development Authority (MUDA)

Mar-17 426.16 2.41

7 Godavari Urban Development Authority (GUDA)

Mar-17 2,215.50 25.8

8 Nellore Urban Development Authority (NUDA)

Mar-17 1,644.17 13.01

9 Kurnool Urban Development Authority (KUDA)

Mar-17 2,599.50 11.44

10 Anantapuramu-Hindupur Urban Development Authority (AHUDA)

Mar-17 5,020.49 13.89

11 Eluru Urban Development Authority (ELUDA)

Jan-19 3,328.00 27.6


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12 Ongole Urban Development Authority (ONUDA)

Jan-19 4,864.35 18.24

13 Annamayya Urban Development Authority (ANUDA)

Jan-19 5,392.26 18.39

14 Srikakulam Urban Development Authority (SUDA)

Feb-19 2,542.53 12.57

15 Bobbili Urban Development Authority (BUDA) Feb-19 2,247.67 7.52

16 Chittoor Urban Development Authority (CHUDA)

Feb-19 3,501.14 12.05

17 Palamaneru Kuppam Madanapalle Urban Development Authority (PKM-UDA)

Feb-19 2,435.50 10.17

Citizen Charter

S.No Service Duration

1 Permission for construction of Individual Residential Buildings in below 300 Sq.M site area 2 Days

2 Permission for construction of Apartments/ Commercial building above 300 sq.M. Residential building 15 Days

3 Industrial Building permission 7 Days

4 Provisional layouts approval. 30 Days

5 Final Layout approval 15 Days

6 Issue of Occupancy Certificate 15 Days

7 Issue of Land use Certificates 2 Days

8 Issue of Master Plan Copies 1 Day

9 Issue of ZDP Copies & Layout Copies 1 Day

10 Issue of License to Technical Person 30 Days

Job chart of Ward Planning & Regulation Secretary, Grade-II

Immediate Reporting Officer : Town Planning Building Inspector Work in coordination with Depts : MA & UD, Environment & Forest Functions : Urban & Town Planning, Land use,

Urban Housing, Fire, Urban Forestry, Water Conservation etc.,


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Roles:

1. Planning and Regulation Secretary plays key role in service delivery in Town Planning, land use, urban housing

2. Liaison with respective departments to facilitate citizens requirements, fire, urban forestry, water conservation etc. for the residents of area allotted to him.

3. Accountable in activities to deliver the services in transparent way and establish strong, effective, vibrant service delivery system

Responsibilities:

1. He shall undertake outdoor inspection daily a period of 5 hours from 7 A.M to 12.00 AM in the forenoon to attend to the responsibilities entrusted to him.

2. Perform Routine office tasks, including data entry, file management, copying and answering telephone.

3. Attend public meetings; assist other planning staff as appropriate 4. Attend EoD(End of the Day)/EoW (End of the Week) meetings. 5. Develop communication plan. 6. Organize stakeholders meetings. 7. To submit monthly appraisals to the Higher Authority without fail. 8. To assist Higher Authorities in site inspections. 9. Prompt detection of and taking action against all unauthorized constructions and

violations to sanctioned plans. 10. Survey, data collection and drafting of plans for preparation and implementation of

G.T.P Scheme and other schemes related to town planning wherever such schemes are planned.

11. Detection of and taking action against unauthorized hoardings and advertisements. 12.Identification of dangerous and dilapidated Buildings and report to higher authorities. 13.Detection and removal of objectionable encroachments. 14. To enforce Zoning Regulations, Development Control Regulations, Building and energy

Codes and any other development control norms. 15. Site Inspection & Scrutiny of Development Permit applications & Building Plans to

ensure compliance with the rules as per the delegation given by the Authority. 16. Identification of encroachments in Government lands, Layout open spaces, Municipal

lands, any Public places and report 17. Identification of encroachments on roads, informing to the higher authorities for

further instructions 18. Identification and reporting of Construction/encroachments in water

bodies/rivers/lakes/canals /bunds/ buffer zones 19. Identification of buildings without fire safety measures. 20. Reporting on violation of Parking places in buildings 21. Maintenance of registers as specified under the Acts, Rules and Government orders

pertaining to town planning.


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22. He/She is responsible for monitoring the Mortgage Register. 23. He/She has to ensure that entries are made in the Property Watch Register of the

Registration Department and obtain an acknowledgment from the Sub-Registrar in the duplicate register maintained by the ULB.

24. After issuing notices to the occupiers of dilapidated structures and after obtaining the necessary orders, the matter be referred to Engineering Section for demolition.

25. Handholding support Building Plan for Permission/Layout permissions/ BPS/ OC/ Fire/ AAI/Environmental clearance.

26. To create awareness to the citizens towards advantages of Planned and Authorized Development.

27. Creation of awareness on the new topics like TDR, GIS based Master plan preparation, stakeholder consultations for implementation of plans.

28. To create awareness among citizens regarding the Building Penalisation Scheme/Any scheme pertaining to Town Planning in the respective wards.

29. To create awareness about fire safety measures. 30. To integrate with other line departments for effective service delivery to the Citizens 31. To integrate and coordinate with other Ward Secretaries of the Ward Secretariat for

citizen service delivery. 32. To assist the department in

a) Preparation of Master Plans, b) Preparation Area Development Plans c) Preparation of Road Development Plans d) Preparation of Junction Improvement Plans e) Preparation of Circulation Network Plans of the Ward f) Preparation of Beautification Plans of the Ward g) Preparation of locality Maps (Door Numbering Maps) h) Election and Census Work

33. Attending Public grievances/complaints related to Town Planning 34. Attending the files pertaining to the Court case/ legal matters including preparation of

Para wise Remarks, Draft Counters and RTI related issues. 35. Maintaining the temporary encroachment register 36.Maintaining Register of hoardings and erected on public sites 37.Maintaining record of approved building plans 38.Maintaining record of approved layouts 39. Maintaining record of Master Plan extract/area development plan of the Ward 40. Maintaining the record of Road Development Plans, Junction Improvement Plans,

Proposed Circulation Network Plans. 41. Maintaining the Temporary Encroachment Register 42. Maintaining Suit Register 43. Maintaining Unauthorised Construction and Deviation Register 44. Maintaining Prosecution Register 45.Maintaining T.D.R.Register 46.Maintaining RTI Cases Register


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47. Maintaining Road Development Plans and Junction Development Plan Register, traffic

island. 48. Reporting the ambition of public regarding development/creation of lung spaces, link

roads, parking areas. 49. Identification and reporting of requirement of street direction Board 50. Identification and reporting of requirement of junction improvement. 51. Study and Identification of requirement of widening of roads ensuring traffic flow

pattern 52. Urban forestry and urban lung spaces, protection of environment and promotion of

ecological aspects. 53. Maintenance of parks, Open spaces, and Play Grounds. 54. Lake and water front development. 55.Demarcation of MP/ADP on ground. 56.To carry out Road Widening. 57. Identification of requirement of Burrial grounds and improvement of existing Burrial

grounds. 58. Identification of requirement of public parking places, explore the possibility of

providing public parking Places. 59. Identification of suitable land for urban housing in the Ward and initiation for approval. 60. Identification of buildings with Rain Water Harvesting Structures and further

improvement needed. 61. Encouraging the Rain Water Harvesting Structures wherever not provided. 62. Identification of places for Community Rain Water Harvesting Structures and reporting

to higher authorities for necessary action. 63. Identification of buildings with solar power 64. Identification of buildings with STPs within the building and its maintenance issues and

to encourage STPs 65. Identification of green buildings-preparation of list of green buildings and to encourage

the green buildings concept. 66. To promote recycling and reuse of water 67. Any other duties entrusted by the higher authorities from time to time. 68. To support in the work related to Town Survey /Cadastral survey work as per Survey &

Land records of Revenue Departments after receiving training by Survey & Land Record Department.

69. Periodical inspection of all approved layouts and approved buildings indicating the stage of work with reference to the sanctioned plan. In case of any deviation from the sanctioned plan, necessary enforcement action shall be taken as per rule in collaboration with the Local Bodies.

70. Preparation of Statutory notices and verification of property owners. 71. To carry out Survey, Data collection and drafting of plans for revision/Preparation of

Development Schemes, Road Development Plans, traffic islands.


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Chapter 2:

Provision of Various Acts supporting functioning of Planning and

Regulation


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2 Provision of Various Acts supporting functioning of Planning and Regulation Development control is a process by which the planned development is achieved. For

effective development control scrutiny and disposal of building applications and prompt action against the unauthorized constructions and deviations from approved plans in violation of Rules and Regulations is very essential. This will further avoid legal complications.

Any person who intends to construct or reconstruct a building shall obtain permission under the provision of relevant Act/Rules in the ULBs as per the approved Master Plan. This will enable Cities and Towns to have Development Planning and control of building activity, with which every town planning staff be aware and conversant to discharge his/her duty effectively. Various Acts are prepared from time to time by the DTCP taking into consideration of various needs for socio-economic development of the people and to have inclusive and equitable development.

Relevant Act

I. AP Town and Country Planning Act -1920 II. AP Municipal Corporations Act- 1955 III. AP Municipalities Act – 1965 IV. Andhra Pradesh Urban Areas (Development Act 1975) V. 74th Constitutional Amendment Act, 1992

VI. AP Capital Region Development Authority (CRDA) Act -2014 VII. AP Metropolitan and Regional development Authorities Act- 2016 VIII. AP Cinemas (Regulation) Act, 1955

IX. AP Fire Service Act, 1999 X. AP Water, Land, Trees Act, 2002 XI. AP Agricultural Land (Conversion from Non Agricultural Purposes) Act -2006

Relevant Rules

Andhra Pradesh Building Rules, 2017 (G.O. 119 with Amendments of GO.401 & GO.223) Andhra Pradesh Land Development (Layout and Sub-Division) Rules, 2017 (G.O.Ms.No.275,Dt.18-07-2017)

ACTs

Andhra Pradesh Town Planning Act 1920

APTP ACT 1920 is An Act exclusively dealing with Town Planning in A.P, upto

1975. In 1975, APUA (Dev.) Act 1975, was enacted for constitution of Urban Development Authorities in A.P. The Act, 1920 envisages preparation of Master Plans for all the local bodies within 4 years form their constitution as Municipalities. The DT&CP, is appointed by the Government, under this Act. Since the local bodies do


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not have technical expertise and manpower for preparation of M.Ps. (General Town Planning Schemes) DT&CP has taken up the responsibility of preparation or M.P. under this Act. The Master Plan consists of land uses i.e Residential, Commercial, Industrial, Public and Semi-public roads etc., and they are prepared in scientific manner taking into consideration of physical & socio-economic development of the settlement.

Procedures followed for preparation of Master Plans

a. The Base map of the Town and vicinity area is prepared by conducting physical survey or using the areal photography/Satellite imageries.

b. The existing land use structural conditions, details of public and semi-public building etc., are marked in the plans by conducting survey.

c. Demographic, Socio-economic, infrastructure data will be collected from primary and secondary sources.

d. The data will be analyzed and necessary projections and requirements for future planning period of 20 years are made to provide facilities, infrastructure for the plan period.

e. The proposed land use plan and report are prepared and submitted to Government for formal approval of the proposals.

f. The draft Master Plan proposals are sent to Municipal Council for notification calling for objections and suggestions from the public.

g. The objections and suggestions received from public are enumerated and examined and necessary changes. If required, will be carried out in the proposals. The final proposals are adopted Municipal Council will be submitted to the Government for final sanction.

h. Sanction of Master plan will be notified for the information of the public in A.P Gazette and news papers.

i. The Master plan consisting of zoning regulations, which prescribe the minimum requirements for the construction of building development of lands. It should be implemented by the executive Authorities from the date of sanction of Master plan.

Andhra Pradesh Municipal Corporation Act 1955 (APMC Act, 1955)

S.No Section No - Rules 1 Section 2 - Definitions

(1) 'Andhra Area' means the area in the State of Andhra Pradesh other than Telangana area;

(2) 'appointment', 'appoint', includes temporary


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appointment and officiating appointment or to appoint temporarily or in an officiating capacity;

(2-a) 'Backward Classes' means any socially and educationally backward classes of citizens recognised by the Government for purposes of Clause (4) of Article 15 of the Constitution of India.

(3) 'building' means any structure constructed of any materials for any purpose, and includes a house, out- house, shop, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding two metres in height), or any part of such building;

(4) 'building line' means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend;

(5) 'carriage' means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).

(6) 'cart' includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).

(7) 'casual vacancy' means a vacancy occurring otherwise than by efflux of time and casual election' means an election held to fill a casual vacancy:

(7-a) 'ceiling limit' means the ceiling limit as specified in Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976.

(8) Chairperson' means the Chairperson of the Council;

(8-a) 'Commissioner' means the person appointed as Commissioner under Sub-section (1) of Section 29

(9) 'Company' means a company as defined in the Companies Act, 1956; (Central Act 1 of 1956), and includes any foreign company within the meaning of Section 591 of that Act:

(10) 'conservancy worker' means a person employed in collecting or removing filth, in cleaning drains or slaughter


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houses or in driving cars used for the removal of filth;

(11) 'Council' means a municipal council constituted under this Act;

(12) 'election authority' means such officer or authority as may be appointed by the State Election Commission to exercise such powers and to perform such functions in connection with the conduct of elections to the Municipalities;

(13) ............

(14) 'factory' means any premises including the precincts thereof,--

(i) Where in any industrial or manufacturing process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency; or

(ii) Whereon twenty or more workers are working or were working and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on; but does not include a mine subject to the operation of the Mines Act, 1952 (Central Act 35 of 1952) or a railway running shed;

(15) 'filth' means--

(a) nightsoil and other contents of latrines, cess-pools and drains;

(b) dung and the refuses or useless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and

(c) putrid and putrefying substances;

(15-a)'Finance Commission' means the Finance Commission constituted by the Governor under Article 243-I of the Constitution of India;

(16) 'government' means the State Government.

(17) 'house' means a building or hut fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way, and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus-


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stand;

(18) 'hut' means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the council may declare to be a hut for the purposes of this Act;

(19) 'latrine' includes privy, water-closet and urinal;

(20) 'local area' includes any town, village, hamlet, bazar, station or other area or any group of the same in the immediate neighbourhood of one another but does not include a cantonment governed by the Cantonments Act, 1924; (Central Act 2 of 1924).

(21) 'municipal officer' means the principal office of any council;

(22) 'municipality' means a municipality of such grade as may be declared by the Government, from time to time, by notification in the Andhra Pradesh Gazette on the basis of its income and such other criteria as may be prescribed;

(22-a) 'Nagar Panchayat' means a body deemed to have been constituted under Section 2-A, for a transitional area specified by the Governor under clause (42-a);

(23) 'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property of the public or the people in general who dwell or occupy in the vicinity or persons who may have occasion to use any public right;

(24) 'occupier' includes--

(a) any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used;

(b) a rent-free occupant;

(25)'ordinary vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an election


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held to fill an ordinary vacancy;

(26)'owner' includes--

(a) the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used;

(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;

(27) 'palanquin' includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick people;

(27-a) 'population' or population at the last census' with all its grammatical variations and cognate expressions, means the population as ascertained at the last census of which all the relevant and necessary figures have been published;

(28) 'prescribed' means prescribed by the Government by rules made under this Act;

(29) 'private street' means any street, road, square, court, alley, passage or riding path, which is not a public street but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of, such premises;

(30) 'public place' includes any path, garden or ground or any other place to which public have or are permitted to have access;

(31) 'public street' means any street, road, square, court, alley, passage or riding path over which the public have a right of way whether a thoroughfare or not, and includes—

(a) the roadway over any public bridge or causeway;

(b) the footway attached to any street public bridge or causeway; and

(c) the drains attached to any such street, public bridge or cause way and the land, whether covered or not by any


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pavement, verandah, or other structure which lies on either side of the roadway upto the boundaries of the adjacent property whether that property is private property or property belonging to the Government;

(32) 'public water-course, springs, wells and tanks' include those used by the public to such an extent as to give a prescriptive right to such use,

(32-a) 'qualifying date' in relation to the preparation and publication of every electoral roll under this Act means the first day of January of the year in which it is so prepared and published;

(33) 'reconstruction' of a building includes--

(a) the re-erection, wholly or partially, of a building after more than one-half of its cubical contents have been taken down or burnt down or has fallen down whether at one time or not;

(b) the re-erection, wholly or partially, of any building of which an outer wall has been taken down or burnt down or has fallen down to or within ten feet of the ground, adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down, so as to leave only the frame work of the lowest storey;

(c) the conversion into a dwelling house or a place of public worship of any building not originally constructed for human habitation or for public worship as the case may be, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only or the conversion of a dwelling house into a factory, shop, office or warehouse;

(d) the re-conversion into a dwelling house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling house or a place of public worship or a factory, as the case may be.

(34) 'Regional Director' means the Regional Director of Municipal Administration having jurisdiction over the Municipality concerned;

(35) 'residence'-- 'reside'-- a person is deemed to have his residence' or to reside' in any house, if he sometimes


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uses any portion thereof as a sleeping apartment; and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;

(36) 'rubbish' means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not filth';

(37) 'salary' means pay and acting pay or payment by way of commission and includes exchange, compensation allowances but not allowances for house-rent, conveyance or travelling expenses;

(38) 'scheduled castes' means such castes, races or tribes or parts of or, groups within, such castes, races or tribes as are notified to be Scheduled Castes under Article 341 of the Constitution of India in relation to the State of Andhra Pradesh;

(39) 'scheduled tribes' means such tribes, or tribal communities or parts of, or groups within, such tribes or tribal communities as are notified to be Scheduled Tribes under Article 342 of the Constitution of India in relation to the State of Andhra Pradesh;

(40) 'State Election Commission' means the State Election Commission constituted in pursuance of Article 243-K of the Constitution of India;

(41) 'street alignment' means a line dividing the lands comprised in and forming part of a street from the adjoining land;

(42) 'Telangana area' means the territories specified in Sub-section (1) of Section 3 of the States Reorganisation Act, 1956; (Central Act 37 of 1956);

(42-a) 'transitional area' or a smaller urban area' means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Act, subject to such rules as may be made in this behalf;


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(42-b)'Wards Committee' means a Wards Committee constituted under Section 5-B;

(43) 'watercourse' includes any river, stream or channel whether natural or artificial,

(44) 'year' means the financial year.

2 Section 421 - Regulation and control of advertisements . (1) No person shall, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement whether now existing or not, upon any land, building, wall, hoarding or structure: Provided always that such permission shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which — (a) is exhibited within the window of any building; (b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same; or to the trade or business Regulation and control of advertisements. 294 [Act No. II of 1956] carried on by the owner of any vehicle upon which such advertisement is exhibited; (c) relates to the business of any railway administration; (d) is exhibited within any railway station or upon any wall or other property of a railway administration except any portion of the surface of such wall or property fronting any street. (2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section upon any land, building, wall, hoarding or structure save and except as permitted or exempted from permission as hereinbefore provided, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provisions of this section unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance . (3) If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of this section after


31

the written permission for the erection, exhibition, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by notice in writing, require the owner or occupier of the land, building wall, hoarding or structure upon which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement. (4) (a) The word ―structure‖ in this section shall include a tramcar, omnibus and any other vehicle and any movable [Act No. II of 1956] 295 board used primarily as an advertisement or an advertising medium; and (b) the expression ―illuminated advertisement‖ in this section shall not include an illuminated display of goods, if such display — (i) is of goods merely bearing labels showing the name of the article or of its manufacturer or of both, and (ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night. .

3 Section 422 - Commissioner to take proceedings for repairing or enclosing dangerous places . (1) If any place is, in the opinion of the Commissioner for want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons who have lawful access thereto or to the neighbourhood thereof if any such work, in the opinion of the Commissioner, affects the safety or convenience of such persons, he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Commissioner necessary, in order to prevent danger therefrom or to ensure the safety or convenience of such persons. (2) The Commissioner may, before giving any such notice or before period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place or to ensure public safety or convenience at such work, and any expense incurred by the Commissioner in taking such temporary measures shall be paid by the owner or occupier of the place to which the said notice refers.


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4 Section 423 - Protective measures during demolition works (1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing, in addition to such hoard or fence which he may be required to provide under section 417 screens extending to the full height of such building on all sides thereof so as to prevent pollution of the surrounding air with dust or injury or damage caused by the falling of any debris, bricks, wood or other material. (2) If any such work is commenced in contravention of sub-section (1) the Commissioner may cause it to be stopped forthwith and any person carrying it out to be removed from the premises by a police officer.

5 Section 428 - Notices to be given to Commissioner of intension to erect a building. (1) Every person who intends to erect a building shall give to the Commissioner notice of his said intention in a form, obtained for this purpose under section 435, specifying the position of the building intended to be erected, the description of building, the purpose for which it is intended, its dimensions and the name of the person whom he intends to employ to supervise its erection. (2) In this Chapter and wherever occurring in this Act ‗to erect or re-erect a building‘ means — (i) any material alteration or enlargement of any building; (ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation; (iii) the conversion of one or more places of human habitation into a greater number of such places; (iv) the conversion of two or more places of human habitation into a lesser number of such places; (v) such alteration of a building as would effect a change in its drainage or sanitary arrangements or materially effect its security; Notice to be given to Commissioner of intention to erect a building. [Act No. II of 1956] 299 (vi) the addition of any rooms, buildings, out houses or other structures to any building; (vii) conversion by any structural alteration into a place of religious worship or into a sacred building, any place or building not originally meant or constructed for such purpose;


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(viii) to roof or cover an open space between walls or buildings as regards the structure which is formed by roofing or covering such space; (ix) to convert into a stall, shop, ware house or godown any building not originally constructed for use as such or vice versa; (x) to construct on a wall adjoining any street or land not vested in the owner of the wall, a door opening on such street or land

6 Section 429 - Commissioner may require plans and other documents to be furnished (1) At any time within thirty days after receipt of any notice under section 428, the Commissioner may, by written notice, require the person who has given the notice first hereinbefore in this section mentioned, to furnish to the Commissioner all or any of the following documents, namely:— (a) correct plans and sections of every floor of the building intended to be erected or re-erected which shall be drawn to a scale of not less than one inch to every eight feet and shall show the position, form, dimensions and means of ventilation and of access to the several parts of such building and its appurtenances and the particular part or parts thereof which are, and those which are not, intended to be used for human habitation and in the case of a building intended to be used as a dwelling house for two or more families or for carrying on any trade or business in Commissioner may require plans and other documents to be furnished. 300 [Act No. II of 1956] which number of people exceeding twenty may be employed or as a place of public resort, the means of ingress and egress. Such plans and sections shall also show the depth and nature of the foundation and the proposed dimensions of all the walls, posts, columns, beams, joints and all girders and scantlings to be used in the walls, stair cases, floors and roofs of such building; 313[(aa) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate or as the case may be an affidavit referred to in section 388.] (b) a specification of each description of work proposed to be executed and of the materials to be employed. Such specification shall include a description of the proposed


34

method of drainage of the buildings intended to be erected or re-erected and of the sanitary fittings to be used and also of the means of water supply and shall if required by the Commissioner be supplemented by detailed calculations showing the sufficiency of the strength of any part of such building; (c) a block plan of such building which shall be drawn to the scale of the largest revenue survey map at the time being in existence for the locality in which the building is, or is to be situated and shall show the position and appurtenances of the properties, if any, immediately adjoining, the width and level of the street, if any, in front and of the street, if any, at the rear of such building, the levels of the foundations and of the lowest floor of such building and of any yard or ground belonging thereto and the means of access to such building; (d) a plan showing the intended line of drainage of such building, and the intended size, depth and inclination 313. Inserted by Act No.7 of 1992. [Act No. II of 1956] 301 of each drain, and the details of the arrangement proposed for the ventilation of the drains. (2) At any time within the said period the Commissioner may also by written notice require the said person to open for inspection any portion or portions of the foundations or walls of the existing building.

7 Section 430 - Commissioner may require plan etc., submitted under last preceding section to be prepared by a licensed surveyor. The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of the last preceding section, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.

8 Section 431 - Additional information and the attendance of the person who gave the notice may be required. If the notice given under section 428 and the documents, if any, furnished under section 429 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, the Commissioner may, at any time within thirty days after receipt of the said documents, by written notice, require the production of such further particulars and details as


35

he deems necessary. 9 Section 432 - Effect of non-compliance with requisition made under Sec

429 or Sec 430. If any requisition made under section 429 or 431 is not complied with, the notice given under section 428 shall be deemed not to have been given

10 Section 433 - Notice regarding execution of works amounting to the erection of a building – Notice to be given to the Commissioner of intension to make additions etc. Every person who shall intend— (a) to make any addition to a building; or Commissioner may require plan, etc., submitted under last preceding section to be prepared by a licensed Surveyor. Additional information and the attendance of the person who gave the notice may be required. Effect of noncompliance with requisition made under section 429 or section 431. Notice to be given to the Commissioner of intention to make additions, etc., to buildings. 302 [Act No. II of 1956] (b) to make any alteration or repairs to a building; not being a frame-building, involving the removal or re- erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet; or (c) to make any alteration or repairs to a framebuilding, involving the removal or re-erection of more than one- half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet; or (d) to make any alteration in a building involving:— (i) the sub-division of any room in such building so as to convert the same into two or more separate rooms; (ii) the conversion of any passage or space in such building into a room or rooms; or (e) to remove or reconstruct any portion of a building abutting on a street which stands within the regular line of such street; Shall give to the Commissioner in a form obtained for the purpose under section 435 notice of his intention, specifying the portion of the building in which such work is to be executed, the nature and extent of the intended work, the particular part or parts, if any, of such work


36

which is or are intended to be used for human habitation and the name of the person whom he intends to employ to supervise its execution.

11 Section 434 - Plans and additional information may be called for. (1) If any notice given under the last preceding section does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, he may at any time within thirty days after receipt of the said notice, by written notice, require the person who gave the notice first hereinbefore in this section mentioned to furnish plans and sections of the building and of the intended new work or of any specified portion thereof and the provisions of sections 429, 430, 431 and 432 shall apply to the intended new work so far as the Commissioner may consider them to be applicable. (2) The Commissioner may also, at any time within the said period by written notice require the said person to open for inspection any portion or portions of the foundations or walls of the existing building.

12 Section 435 - Forms of notices – Printed forms of notices to be supplied to the public. . (1) The Commissioner shall cause printed forms of notices for the purposes of section 428 or 433 to be delivered to any person requiring the same, on payment of such fee not exceeding eight annas for each form as shall from time to time be determined in this behalf by the Commissioner, with the approval of the Standing Committee. (2) There shall be printed on the reverse of every such form of notice, or on a separate paper supplied without extra charge therewith, a copy of sections 428, 429, 430, 431, 432, 433, 434, 436, 437, 438, 440, 444, 445, 446, 447, 448 and 449 and of all bye-laws made under sub- sections (9), (12) and (13) of section 586 at the time in force.

13 Section 436 - Supervision of buildings and works . Every person who intends to newly erect a building or execute any such work as is described in section 433, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restrictions as may be regulated by the bye-laws.


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14 Section 437 - When Building or work may be proceeded with . If within thirty days after receipt of any notice under section 428 or 433, or of the plan, section, description or further information, if any, called for under sections 429,431 or 434 as the case may be, the Commissioner fails to intimate in writing, to the person who has given the said notice, his disapproval of the building which the said person proposes to erect or of the work which he proposes to execute, or, if, within the said period the Commissioner signifies in writing to the said person his approval of the said building or work, the said person may, at any time within one year from the date of the delivery of the notice to the Commissioner, proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any bye-law made thereunder.

15 Section 438 - Building or work which is disapproved by the Commissioner may be proceeded with, subject to terms (1) If the Commissioner disapproves of any building or work of which notice has been given as aforesaid or of any portion or detail thereof, by reason that the same will contravene some provision of this Act or some bye-law made thereunder or will be unsafe, he may, at any time within thirty days of the receipt of the notice or of the plan, section, description or further information if any, called for under section 429, 431 or 434 as the case may be, by a written notice intimate to the person who gave the notice first hereinbefore in this section mentioned his said disapproval and the reason for the same, and specified Supervision of buildings and works. When building or work may be proceeded with. Building or work which is disapproved by the Commissioner may be proceeded with, subject to terms. [Act No. II of 1956] 305 terms subject to which the building or work may be deemed to be approved by him. (2) The person who gave the notice concerning any such building or work may proceed with the same, subject to the terms specified as aforesaid but not otherwise, at any time within one year from the date of receipt by him under sub-section (1) of the written notice in this behalf, but not so as to contravene any of the provisions of this Act or any byelaw made thereunder.


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16 Section 439 - Power to the Commissioner to with hold disposal of plans in certain circumstances (1) Notwithstanding anything contained in sections 437 and 438, if in any case it appears to the Commissioner that public improvements, which may render necessary the acquisition of the site of any building or work or any part of such site, are desirable and expedient, he may by order in writing direct that no further action shall be taken in pursuance of a notice given under section 428 or section 433 for a period not exceeding three months from the date of such notice. (2) The Commissioner may issue a like order if in any case it appears to him that any site as aforesaid is likely to be affected by any one of the following, namely :— (a) determining a regular line of a public street; (b) determining a fresh line in substitution for the existing regular line of a public street; (c) extending or altering a public street; (d) any scheme for widening or modifying a private street. (3) If within the said period of three months the public improvements referred to in sub-section (1) or any of the Power to the Commissioner to withhold disposal of plans in certain circumstances. 306 [Act No. II of 1956] matters referred to in sub-section (2) have been given final effect so as to have the result referred to in sub-section (1) or sub-section (2), the notice given under section 428 or section 433 shall be deemed to have lapsed. (4) If any case is not covered by sub-section (3) the notice given under section 428 or section 433 shall be deemed to have been renewed as on the date on which the period of three months mentioned in sub-section (1) expired.

17 Section 440 - when work may be commenced (1) No person shall commence to erect or re-erect any building or to execute any such work as is described in section 428— (a) until he has given notice of his intention as hereinbefore required to erect or re-erect such building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period specified in this behalf in section 437 or 438; (b) until he has given notice to the City Engineer of the proposed date of commencement. Where the


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commencement does not take place within seven clear days of the date so notified, the notice shall be deemed not to have been given; (c) after the expiry of the period of one year specified in sections 437 and 438 respectively, for proceeding with the same. (2) If a person, who is entitled under sections 437 and 438 to proceed with any building or work, fails so to do within the period of one year specified in the said sections, respectively for proceeding with the same he may at any subsequent time give a fresh notice of his intention to erect When work may be commenced. [Act No. II of 1956] 307 or re-erect such building or execute such work, and thereupon the provisions hereinbefore contained shall apply as if such fresh notice were a first notice of such person‘s intention.

18 Section 441 - Building not be converted to other purposes without the permission of the Commissioner. . No person shall, without the written permission of the Commissioner,— (a) use or permit to be used for human habitation any part of a building not originally constructed or authorised to be used for that purpose, or (b) convert into, or use, or permit to be used, as a chawl or building intended to form a range or separate rooms for lodgers, a building not originally designed or authorised to be so used.

19 Section 442 - Buildings of human habitation not to be used as Godown etc No person shall without written permission of the Commissioner or otherwise than in conformity with the terms of such permission use or permit to be used any building or any part of a building originally constructed, or authorised to be used for human habitation as a godown, warehouse, workshop, workplace, factory, stable or a motor garage.

20 Section 443 - No alterations to be made in buildings for human habitation without written permission of Commissioner No person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human


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habitation for the purpose of using it or causing it to be used as a godown, warehouse, workshop, workplace, fctory, stable or motor garage. .

21 Section 444 - Provisions as to buildings which are to be newly erected. With respect to buildings which are to be newly erected the following provisions shall have effect, namely (a) The erection of any such building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner 314[and the drainage betterment charges as fixed by the Commissioner, from time to time, have been paid.] in which the position and direction of the streets likely to be required in the future, have not yet been laid down or determined shall, with the assent of the Standing Committee, be disapproved by the Commissioner, unless the site proposed for such building is in the opinion of the Commissioner, such as, with reference to the positions occupied by the buildings, if any, already existing in the neighbourhood, will admit of the construction in the future of one or more new streets convenient for the occupiers of all the buildings in the neighbourhood and for the purposes of drainage, water supply and ventilation: Provided that any person whose building is so disapproved may, by written notice to the Commissioner, require that the position and direction of the future streets in the vicinity of his intended building be forthwith laid down and determined, and if such requisition be not complied with within six months from the date thereof, may, subject to all other provisions of this Act applicable thereto, proceed with the erection of his building. (c) The foundation of any such building shall not be constructed on any site which has been filled up with, or has been used as a place for depositing, excrementitious matter or the carcases of dead animals or other filthy or offensive matter, until such matter shall have been properly removed to the satisfaction of the Commissioner. (d) Every such building intended to be used as dwelling


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shall be built with a plinth at least two feet above the centre of the nearest street and not below such standard level as may be fixed by the Commissioner in this behalf. bye-law made under this Act every such building intended to be used as a dwelling shall be so constructed that the whole of at least one side of every room thereof shall either be an external wall or abut on an interior open space. Such external wall, except where it faces a street of not less than fifteen feet in width, shall have between it and the boundary line of the owner‘s premises an open space, extending throughout the entire length of such wall, at least two feet wide or, in the case of a chawl or building intended to form a range of separate rooms for lodgers at least five feet wide. Such interior open space shall have an area equal to not less than one tenth of the aggregate floor-area of all the rooms abutting thereon and shall not be in any direction less than six feet across. And every open space, whether exterior or interior required by this clause, shall be and be kept free from any structure thereon and open to the sky, and shall be and kept open to access from each end thereof. (f) Every room intended to be inhabited in any such building, except a room in the roof thereof, shall be in every part at least ten feet in height from the floor to the ceiling. (g) Every such room in the roof of any such building shall have an average height of at least eight feet from the floor to the ceiling and a minimum height of not less than four feet. (h) Every such room shall have a clear superficial area of not less than one hundred square feet. (i) In addition to any means of ventilation required by any bye-law made under this Act every such room shall be ventilated by means of doors or windows which open directly into the external air and have an aggregate opening equal to not less than one-fourth of the superficial area of the side of the room which faces an open space. (j) Huts or sheds or ranges or blocks of huts or sheds, whether the same are to be used as dwellings or stables or for any other purpose, shall be built, if the Commissioner thinks fit so to require — (i) so that they may stand in regular lines, with a free


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passage or way in front of and between every two lines of such width as the Commissioner thinks proper for ventilation and for facilitating, scavenging; and (ii) with such and so many privies, latrines or urinals and such means of drainage as the Commissioner deems necessary; and (iii) at such a level as will suffice for the means of drainage required by the Commissioner.

22 Section 445 - Roofs and external walls of buildings not to be of inflammable materials. 445. (1) No external wall and no covering of a roof built or renewed since the coming into force of this Act shall, except with the written permission of the Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other inflammable material. (2) If any external wall or covering of a roof is or has been, since the coming into force of this Act, constructed of any such material, the Commissioner may, by written notice, require the owner or occupier of the building to which such wall or roof appertains to remove such wall or covering.

23 Section 446 - Maximum height of the buildings (1) Except with the written permission of the Commissioner, no building shall be erected or raised to a greater height than seventy feet as measured from the level of the centre of the street in front — (a) in the case of a pitched roof, up to the tie-beam of the roof, and (b) in the case of a flat roof up to the surface of the roof. (2) In the case of a pitched roof, the roof above that height shall rise at an angle of not more than forty-five degrees. (3) In the case of a flat roof, a parapet of not more than three feet in height may be constructed above the maximum height specified in sub-section (1).

24 Section 447 - Height of Buildings with reference to the width of the streets. Subject to the maximum fixed by section 446, the height to which a building may be erected or raised shall be regulated by the width of the street on which it abuts, in accordance with the following provisions, namely:- (1) if the width of the street does not exceed twenty-six


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feet, the building shall not be erected or raised to a height greater than one and one-half times the width of the street; (2) if the width of the street exceeds twenty- six feet but does not exceed forty feet, the building shall not be erected or raised to a height greater than forty feet; and Maximum height of buildings. Height of buildings with reference to width of streets. 312 [Act No. II of 1956] (3) if the width of the street exceeds forty feet, the building shall not be erected or raised to a height greater than the width of such street; (4) where the building abuts upon more than one street its height shall be regulated by the wider of such streets so far as it abuts upon such wider street and also, to a distance of eighty feet from such wider street, so far as it abuts upon the narrower of such streets: Provided that, if the face of the building is set-back from the street at any height not exceeding the height specified in sub-section (1), sub-section (2), or sub-section (3), as the case may be, such building may be erected or raised to a height greater than that so specified but not so that any portion of the building shall intersect any of the series of imaginary straight lines drawn from the line of setback, in the direction of the portion set-back, at an angle of forty-five degrees with the horizontal.

25 Section 448 - Framed buildings . After the commencement of this Act no building, the external walls of which are of timber-framed construction, shall be erected or re-erected so as to consist of more than one ground floor and one upper storey: Provided that the Commissioner may by special order grant permission for the erection or re-erection of such a building of more than two storeys or for the construction of one or more additional storeys if satisfied that such building will be or is of thoroughly sound material and construction and can safely support the same.

26 Section 449 - Provision of Sufficient means of egress. Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of a safe exit in the event of fire, he may, with the approval of the Standing Committee, by written notice require the owner or occupier of the building to alter or reconstruct any


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existing Frame buildings. Provision of sufficient means of egress. [Act No. II of 1956] 313 staircase in such manner or to provide such additional or emergency staircases, as he may determine.

27 Section 450 - Power of Commissioner to cancel permission on the ground of material mis-representation by applicant . If at any time after permission to proceed with any building or work has been given, the Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section 428 or 433 or in the further information if any, furnished, he may cancel such permission and any work done thereunder shall be deemed to have been done without his permission.

28 Section 451 - Inspection of buildings in course of erection , alteration etc The Commissioner may at any time during the erection or re-erection of a building or the execution of any such work as is described in section 433 make an inspection thereof without giving previous notice of his intention so to do

29 Section 452 - Proceedings to be taken in respect of building or work commenced contrary to Act or bye-laws. (1) If the Commissioner is satisfied that the construction or re-construction of any building or execution of any work as described in section 433 is commenced or carried out contrary to the provisions of the Act or building rules or bye-laws made thereunder, he shall make a provisional order requiring the person who is constructing or re- constructing such building or executing such work or has constructed or re-constructed such building or executed such work to demolish such unauthorized construction or re-construction or work within a period specified to bring such construction or re-construction of the building or work in conformity with the provisions of the Act or building rules or Bye-laws made thereunder and may also direct that until the said order is complied with, the concerned person shall 315. Substituted by Act No.11 of 2017. Power of Commissioner to cancel permission on the ground of material misrepresentation by applicant. Inspection of buildings in course of erection, alteration, etc. Demolition or alteration of the building work


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unlawfully commenced, carried on or completed and appeal thereon. 314 [Act No. II of 1956] refrain from proceeding with, such construction or reconstruction of the building or work. (2) The Commissioner shall serve a copy of the provisional order made under sub-section (1) on such person mentioned in sub-section (1) with a notice requiring him to show cause within a reasonable time to be specified in such notice as to why the order should not be confirmed. (3) If the person mentioned in sub-section (1) fails to show couse to the satisfaction of the Commissioner, he may confirm the order with such modification as he thinks fit and serve the confirmation order on such person and such order shall be binding on such person; and such person shall be liable for carrying out the requisitions of the Commissioner within the period specified in such confirmation order. (4) If within the period specified in such confirmation order, the requisitions contained therein are not carried out by such person the Commissioner may demolish such unauthorized construction or reconstruction or work and the expenses thereof shall be recoverable from the said person. (5) Ay person aggrieved by an order of the Commissioner made under sub-section (3) may, within fifteen days from the date of receipt of the order prefer an appeal against the order to the Municipal Building Tribunal appointed under section 462-A. (6) Where an appeal is preferred under sub-section (5) against an order made under sub-section (3), the Municipal Building Tribunal may stay the enforcement of the order on such terms, and for such period, as it may think fit: Provided that where the construction or reconstruction of the building or the execution of the work has not been completed at the time of the order made under sub-section [Act No. II of 1956] 315 (3), no order staying the enforcement of the order made under that sub-section shall be made by the Municipal Building Tribunal unless a surety, sufficient in the opinion of the said Tribunal, has been given by the appellant for not proceeding with such construction or re-construction or work pending the disposal of the appeal. (7) Save as provided in this section, no court shall


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entertain any suit, appeal, application or other proceeding for injunction or other relief against the Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section. (8) Every order made by the Municipal Building Tribunal on appeal and, subject to such order, the order made by the Commissioner under sub-section (3) shall be final and conclusive. (9) Where no appeal has been preferred against an order made by the Commissioner under sub-section (3) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therin, or as the case may be, within the period, if any, fixed by the Municipal Building Tribunal on appeal, and on the failure of such person to comply with the order within such period, the Commissioner may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as arrears of property tax under this Act.]

30 Section 452 A

- Regularisation of violation of floor area of Non- High rise buildings Any contravention of section 452 in respect of Non-High Rise Buildings may be regularised by the Commissioner or any officer authorised by the Commissioner in this behalf to the extent of violated floor 316. Section 452-A inserted by Act No.9 of 2008. Regularisation of violation of floor area of Non-High Rise Buildings. 316 [Act No. II of 1956] area made to the setbacks on each side of each floor except building line upto ten percent of the permissible setbacks, on payment of fine equivalent to one hundred percent of the value of the land as fixed by the Registration Department applicable at the time of regularisation in respect of violated floor area subject to the condition that sanctioned plan has already been obtained in each case.]

31 Section 453 - Buildings or works commenced contrary to Act may be cut into and laid open for purpose of inspection (1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of


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any such work as is referred to in section 452 anything has been done contrary to any provision of this Act or of any rule or bye-law made thereunder or that anything required by any such provision, rule, bye-law to be done has been omitted to be done; and if, on inspecting such building or work, it is found that the same has been completed or is too far advanced to permit of any such fact being ascertained; the Commissioner may, with the approval of the Standing Committee, by a written notice, require the person who has erected or re-erected such building or executed such work to cause so much of the building as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained. (2) If it shall thereupon be found that in the erection or re-erection of such building or the execution of such work nothing has been done contrary to any provision of this Act or of any rule or bye-law made there-under, and that nothing required by any such provision, rule or bye-law to be done has been omitted to be done compensation shall be paid by the Commissioner to the person aforesaid for the damage and loss incurred by cutting into, laying open or pulling down the building or work.

32 Section 454 - Enforcement of provisions concerning buildings and works. The Commissioner may, at any time, during the erection of a building or the execution of any such work as aforesaid, or at any time within three months after the completion thereof, by written notice specify any matter in respect of which the erection or re-erection of such building or the execution of such work may be in contravention of any provision of this Act or of any rule, or bye-law made thereunder, and require the person erecting or re-erecting or executing or who has erected or re-erected or executed such building or work is not at the time of the notice the owner thereof, the owner of such building or work to cause anything done contrary to any such provision, rule or byelaw to be amended or to do anything which by any such provision, rule, or bye-law may be required to be done but which has been omitted to be done.

33 Section 455 - Completion of certificates, permission to occupy or use. (1) Every person shall, within one month after the


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completion of the erection or re-erection of a building or the execution of any such work as is described in section 343 deliver or send or cause to be delivered or sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form specified in the bye-laws signed and subscribed in the manner so specified, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building. (2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any work, until:— (a) permission has been received from the Commissioner in this behalf, or Enforcement of provisions concerning buildings and works. Completion of certificates, permission to occupy or use. 318 [Act No. II of 1956] (b) the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate his refusal of the said permission.

34 Section 455A - Regularisation of buildings constructed without sanctioned plan The Commissioner may regularise constructions made without obtaining sanctioned plan, subject to fulfilling the following conditions:- (a) submission of building plans to the competent authority duly paying all categories of fee and charges; (b) the construction shall be subject to the condition that all parameters laid down in relevant statutes, Master Plan, Zonal Development Plan, Building Bye-laws, Building Rules and other relevant Government Orders including 318Telangana Fire Service Act, 1999 and the National Building Code are satisfied; (c) payment of penalty equivalent to thirty three percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable.

35 Section 455AA

- Regularisation and penalisation of construction of buildings in deviation of sanctioned plan. Notwithstanding anything in the Act, the Municipal Commissioner may regulate and penalise the constructions of buildings, made by the owner, or by an individual as the case may be, unauthorisedly or in


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deviation of the sanctioned plan 319[as on 28/10/2015] as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount all pending or contemplated proceedings and action of enforcement shall be deemed to have been withdrawn and the competent authority shall issue. necessary Occupancy Certificate to the owner or the individual as the case may be.]

36 Section 456 - Removal of structures, trees etc., which are in ruins or likely to fall (1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building, wall, parapet, pavement, floor, steps, railings, door or window frames or shutters or roof, or other structure and anything affixed to or projecting from or resting on, any building, wall, parapet or other structure is in ruinous condition or likely to fall, or is in any way dangerous to any person occupying, resorting to or passing by, such structure or any other structure or place in the neighbourhood thereof, the Commissioner may, by written notice, require the owner or occupier of such structure to do one or more of the following things, namely:— (i) to pull down, (ii) to secure, (iii) to remove, or (iv) to repair such structure or thing, and to prevent all cause of danger therefrom. (2) The Commissioner may also, if he thinks fit, require the said owner or occupier by the said notice, either forthwith or before proceeding to pull down, secure, remove or repair the said structure or things, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail, if there be room enough for the same the Commissioner shall think the same desirable, to serve as footway for passengers outside of such hoard or fence. Removal of structures, trees, etc., which are in ruins or likely to fall. 320 [Act No. II of 1956] (3) If it appears to the Commissioner that the danger from a structure which is ruinous or about to fall is imminent, he may, before giving notice as aforesaid or


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before the period of notice expires, fence off, take down, secure or repair the said structure or take such steps or cause such work to be executed as may be required to arrest the danger. (4) Any expenses incurred by the Commissioner under sub-section (3) shall be paid by the owner or occupier of the structure. (5) (a) Where the Commissioner is of opinion whether on receipt of an application or otherwise that the only or the most convenient means by which the owner or occupier of structure such as is referred to in sub-section (1) can pull down, secure, remove or repair such structure, is by entering any of the adjoining premises belonging to some other person the Commissioner after giving such person a reasonable opportunity of stating any objection may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to enter such adjoining premises. (b) Every such order bearing the signature of the Commissioner shall be a sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistants and workmen, at any time between sunrise and sun set, and to execute the necessary work. (c) In executing any work under this section as little damage as possible shall be done to the adjoining owner‘s [Act No. II of 1956] 321 property, and the owner or occupier of premises for the benefit of which the work is done, shall — (i) cause the work to be executed with the least practicable delay; (ii) pay compensation to any person who sustains damage by the execution of the said work.

37 Section 459 - Opportunity for stating objections The Commissioner shall issue a notice under subsections (1) and (2) of section 456, sub-section (1) of 457 or sub- section (1) of section 458, after giving the owner or occupier, as the case may be, a reasonable opportunity of stating any objection and adducing evidence, if any, and after being satisfied that the objection which is raised is invalid or insufficient.


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38 Section 460 - Periodic inspection of buildings . (1) It shall be incumbent on the owner of every building to maintain every part thereof and everything appurtenant thereto in such repair as to prevent its becoming dangerous. (2) The Commissioner may by written notice require the owner of any building to get the building inspected at such intervals and in such manner as may be specified in the bye-laws. (3) The owner shall within two months of an inspection under sub-section (2) undertake such repairs as the inspection shall show to be necessary for the purpose of securing the stability of the structure within the meaning of section 456 after complying with all the provisions of this Act and the rules and bye-laws in regard to such repairs and shall, on completion of such repairs, submit to the Commissioner a certificate signed by the person who made the inspection, of his having carried out the repairs satisfactorily. (4) A report of every inspection made, under subsection (2) shall forthwith be submitted to the Commissioner by the person who carried it out and the Commissioner may take such action in respect of such building as he deems fit under this section or under any other provision of this Act if Opportunity for stating objections. Periodic inspection of buildings. [Act No. II of 1956] 323 the owner fails to comply with the requirements of subsection (3). (5) The expenses incurred by the Commissioner under sub-section (4) shall be paid by the owner.

39 Section 461 - Powers of Commissioner to direct removal of person directing unlawful work (1) It shall be lawful for the Commissioner, at any time, before or after making an order for the removal or discontinuance of any unauthorized development or construction under section 461, to make an order directing the sealing of such development or property or taking the assistance of police, for the purpose of carrying out the provisions of the Act. (2) Any person aggrieved by an order of the Commissioner made under sub-section (1) may, within seven days from the date of the order, prefer an appeal against the order to the Municipal Buildinng Tribunal appointed under section 462-A. (3) Where an appeal is preferred under sub-section (2)


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against an order made under sub-section (1), the Municipal Building Tribunal may stay the enforcement of the order on such terms, and for such period, as it may think fit. (4) Save as provided in this section, no court shall entertain any suit, appeal, application or other proceeding for injunction or other relief aganist the Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section. (5) Every order made by the Municipal Building Tribunal on appeal and, subject to such order, the order made by the Commissioner under sub-section (1) shall be final and conclusive.. Powers to seal unauthorised construction/ development of premises. [Act No. II of 1956] 325 (6) Where no appeal has been preferred against an order made by the Commissioner under sub-section (1) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the Commissioner shall take action to implement the order made under sub-section (1). (7) No person shall remove such seal except,- (a) under an order made by the Commissioner, or (b) under an order of the Municipal Building Tribunal on the appeal made in this behalf.]

40 Section 461A - Powers to seal unauthorized construction / development of premises

41 Section 462 - Power of Commissioner to cause any building to be vacated in certain circumstances (1) Notwithstanding the provisions of any other law to the contrary the Commissioner may, by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice — (a) if such building or portion thereof has been unlawfully occupied in contravention of section 455; (b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage, or landing and the works specified in such notice have not yet been commenced or completed; (c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 456.


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(2) In every such notice the Commissioner shall clearly specify the reasons for requiring such building or portion thereof to be vacated. Power of Commissioner to cause any building to be vacated in certain circumstances. 326 [Act No. II of 1956] (3) The affixing of such written notice on any part of such premises shall be deemed a sufficient notice to the occupiers of such building or portion thereof. (4) On the issue of a notice under sub-section (1) every person in occupation of the building or portion thereof to which the notice relates shall vacate such building or portion as directed in the notice and no person shall, so long as the notice is not withdrawn, enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out. (5) The Commissioner may direct that any person who acts in contravention of sub-section (4) shall be removed from such building or part thereof by any police officer. (6) The Commissioner shall, on the application of any person who has vacated any premises in pursuance of a notice under sub-section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alterations or demolition. (7) The Commissioner may direct the removal from the said premises by any police officer of any person who obstructs him in any action taken under sub-section (6) and may also use such force as is reasonable and necessary to effect entry in the said premises.

42 Section 463 - Power to regulate future construction of certain classes of buildings in particular streets or localities (1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months — (a) that in any street or portions of street specified in such notice that elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality; (b) that in any localities specified in the notice there shall be allowed the construction of only detached or


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semidetached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice; (c) that the minimum size of building plots in particular localities shall be of a specified area; (d) that in any localities specified in the notice the construction of more than a specified number of houses on each acre of land shall not be allowed; or (e) that in any streets, portions of streets or localities specified in such notice the construction of shops, Power to regulate future construction of certain classes of buildings in particular streets or localities. [Act No. II of 1956] 329 warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulations framed by the Standing Committee in this behalf and subject to the terms of such permission only. (2) The Standing Committee shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and of its opinion thereon to the Corporation. (3) No objection received after the said period of three months shall be considered. (4) Within a period of two months after the receipt of the same the Corporation shall submit all the documents referred to in sub-section (2) with a statement of its opinion thereon to Government. (5) Government may pass such orders with respect to such declaration as it may think fit: Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (1). (6) The declaration as confirmed or modified by Government shall be published in the *Telangana Gazette and shall take effect from the date of such publication. (7) No person shall erect or re-erect any building in contravention of such declaration.

43 Section 463A - Powers of corporation to levy external betterment charges .(1) It shall be lawful for the Corporation to levy and collect external betterment charges at the time of


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according approval to the layouts or sub-divisions of a plot or issue of building permit for the purpose of providing or maintaining major arterial roads, lung spaces and other major civic infrastructure: Provided that such charges shall not be levied in case of the lay-outs which were finally released as on the 10th March 1986 and also for residential buildings whose plot area does not exceed 200 sq.mts: Provided further that no such charges shall be levied and collected in respect of lay-outs or buildings taken up in notified slums. Such charges shall however, be collected once the slum is denotified. 2)The external betterment charges shall not exceed thirty percent of betterment charges being collected by the Corporation as per the Municipal Corporation of Hyderabad (lay-out) Rules.1965. Explanation:- For the purposes of this sub-section betterment charges shall include the charges fixed by Corporation on various types of buildings area-wise from time to time. (3) The Corporation shall issue detailed guidelines for levy and collection of external betterment charges and for utilisation of amounts so collected.]

44 Section 516 - Factory etc. newly establish without permission of Commissioner Subject to the provisions of Factories Act, 1948, (63 of 1948), no person shall — Prohibition of corruption of water by steeping therein animal or other matter, etc. Factory etc., not to be newly established without permission of Commissioner. 354 [Act No. II of 1956] (i) newly establish in any premises, (ii) remove from one place to another, (iii) reopen or renew after discontinuance for a period of not less than three years, or (iv) enlarge or extend the area or dimensions of – any factory, workshop or workplace in which it is intended to employ steam, water, electrical or other mechanical power or any bakery except with the previous written permission of the Commissioner nor shall any person work or allow to be worked any such factory, workshop, work place or bakery without such permission: Provided that for the purpose of clause (iii) no such permission shall be required if during the period of discontinuance the machinery has not been removed


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from the place where the factory, workshop or bakery was originally established.

45 Section 517 - Application of New factories . (1) Every application for permission under section 516 shall be in writing and shall give such information and be accompanied by such plans as may be required under the bye-laws made in this behalf. (2) The Commissioner may, as soon as may be after the receipt of the application — (a) grant the permission applied for either absolutely or subject to such conditions as he thinks fit to impose, provided the location of such factory, workshop, workplace or bakery is not contrary to any requirement of this Act, byelaw, or standing order; or Application for new factories. [Act No. II of 1956] 355 (b) refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop workplace or bakery in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be for any reason a nuisance to the inhabitants of the neighbourhood. (3) If any written permission for the establishment of a factory, workshop, workplace or bakery granted under subsection (2) be revoked by the Commissioner in the exercise of his power under sub-section (3) of section 622 no person shall continue to resume the working or use of such factory, workshop, workplace or bakery until such written permission is renewed or a fresh written permission is granted by the Commissioner.

46 Section 585 - Power to make rules (1) The Government may, by notification in the *Telangana Gazette, make rules for carrying out all or any of the purposes of this Act. (2) In making any such rule, the Government may direct that a breach thereof shall be punishable with a fine which may extend to rupees five hundred and if the breach is a continuing one a further fine which may extend to rupees twenty for every day after the first day during which the breach has been made. (3) Every rule made under this Act shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of


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fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified in the *Telangana Gazette, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

47 Section 586 - Bylaws for what purposes to be made. The Corporation may from time to time make bye-laws not inconsistent with this Act with respect to the following:- (1) any matter relating to the proceedings of the Corporation, a committee or a sub-committee, the holding and regulation of meetings, the conduct of debate, the inspection of minute-books and the supply of copies of minutes to councillors or other persons on payment of fees or otherwise; (2) regulating in any particular not specifically provided for in this Act the construction, maintenance, protecting flushing, cleansing and control of drains, ventilation shafts or pipes, 338[XXX], water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to or vesting in the Corporation or other persons, 338 [XXX], private streets and public streets; (3) regulating all matters and things connected with the supply and use of water; (4) furnishing information and documents to be in connection with the layout of lands for building and private streets; 339[ (5) earmarking, regulating, supervision and use of parking places, public landing places, halting places for all vehicles of any description including motor vehicles, public and private cart stands and the levy of fees for the use of such of them as belong to the corporation;] (6) specifying the forms of notice under sections 428 and 433 the information, documents and plans to be furnished therewith in respect of different classes of structures or works, the manner in which and the persons


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by whom notices shall be signed and the manner in which plans, descriptions, structural drawing or structural calculations shall be drawn, prepared and signed; (7) regulating the manner in which, the supervision under which, the agency through which and the conditions and restrictions under which the work of erecting or reerecting buildings of particular classes and any work such as is described in section 433 shall be carried out; (8) the structure of walls, foundations, roofs and chimneys, the number, width and position of staircases, the width of corridors and passages, the material dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns of buildings, for securing stability and the prevention of fires and the safety of the inmates in the event of fire and for purposes of health either generally or with reference to the type of the structure and the use to which it is intended to be put; (9) the construction of scaffolding for building operations to secure the safety of the operatives and of the general public; (10) the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings; (11) the provision and maintenance of suitable means of access to buildings and preventing encroachment thereon; (12) the provision and maintenance of house- gullies and service passages; (13) regulating the conditions on which frame buildings may be constructed; (14) regulating the use of land as building sites and prescribing the minimum size of such sites either generally or for specified areas and prescribed set-backs from the street margin for all or particular classes of buildings on specified streets or classes or streets or in specified localities; (15) regulating the height of structures generally or with reference to the materials of which they are constructed or the width of the streets on which they front or the areas in which they are situated or the purposes for which they are intended to be used; (16) regulating the number and height above the ground


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or above the next lower storey of the storeys of which a building may consist; (17) specifying the form of the completion certificate required under section 455 and the manner in which and the person by whom it shall be signed and subscribed; (18) regulating the intervals at which, the manner in which and the persons by whom buildings shall be periodically inspected under section 460; (19) regulating the management, maintenance, control and use of dwellings intended for the poorer sections of the community vesting in the Corporation; (20) specifying the qualifications and experience of licensed surveyors, architects, engineers, structural designers and plumbers; (21) regulating in any particular not specifically provided for in this Act conservancy and sanitation, the destruction of rodents and other vermin, preventive and remedial measures against mosquitoes, flies and other insect and pests; (22) the control and supervision of all premises used for any of the purposes mentioned in section 521 and of all trades and manufactures carried on therein and the regulating of the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of any such premises; (23) the inspection of milch-cattle, and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of cattle sheds and dairies; (24) securing the cleanliness of milk-stores, milk-shops and milk-vessels used by dairymen or milk sellers for containing milk; (25) regulating the sale of milk in the City; the protection of milk against contamination and the prevention of the sale of contaminated milk; (26) requiring notice to be given whenever any milch animal is affected with any contagious disease and determining the precautionary measure to be taken for protecting milch-cattle and milk against infection or contamination; (27) regulating the measures to be taken in the event of the outbreak of any disease among animals which is communicable to man and the supply of information to facilitate the taking of such measures;


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(28) securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold; (29) the control and supervision of butchers carrying on business within the city or at a municipal slaughter-house without the city; (30) regulating the use of any municipal market building, market place or slaughter-house or any part thereof; (31) controlling and regulating the sanitary condition of markets and slaughter-houses and preventing the commission of cruelty to animals therein; (32) the licensing of hand-carts, other than those exempted from taxation under section 240 and the seizure and detention of any such hand-carts that have not been duly licensed; (33) requiring notice to be given of the occurrence of cases of any infectious, epidemic or endemic disease, not being a dangerous disease, and determining the precautionary measures to be taken by persons suffering from or exposed to infection from, any such disease; (34) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the several classes of the community; (35) regulating the use of any place for the skinning and cutting up of the carcasses of animals; (36) facilitating and securing complete and accurate registration of births and deaths; (37) securing the protection of public parks, gardens, public parking places and open spaces vested in or under the control of the Corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them; (38) regulating the use of barbed wire or other material for the fencing of land or premises abutting on any street, pathway or place which the public are entitled to use or frequent; (39) regulating trade in rags, bones, or secondhand clothing, bedding or other similar articles, including measures for disinfecting on import or before removal, sale or exposure for sale or use in any manufacturing


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process of any such article; (40) regulating the holding of fairs and industrial exhibitions in the city; (41) regulating and prohibiting the stocking of inflammable materials and the lighting of fires in any specified portion of the City; (42) regulating the charges for services rendered by any municipal authority; (43) regulating admission to, and use by members of the public of municipal hospitals, dispensaries, infirmaries, homes and similar institutions and the levy of fees therein; (44) the protection of the property of the Corporation; (45) regulating the inspection by members of the public of municipal records and the fees to be charged before such inspection is allowed; (46) regulating the grant of certified copies or extracts from municipal records, and the fees chargeable for such copies or extracts; (47) regulating the appointment by owners of buildings or lands in the City who are not resident therein, of agents residing in, or near the City to act for such owners for all or any of the purposes of this Act or the rules, or bye-laws made thereunder, and (48) carrying out generally the provisions and intentions of this Act.

48 Section 587 - Commissioner to lay draft bye- laws before the corporation for its consideration. . It shall be the duty of the Commissioner either suo motu or at the instance of the Standing Committee from time to time to lay before the Corporation for its consideration a draft of any bye-law which he shall think necessary or desirable to be made for the furtherance of any purpose of this Act.

49 Section 588 - Hearing by Corporation of objections to proposed bye- laws. . (1) No bye-law shall be finally approved by the Corporation, unless notice of the intention of the Corporation to take the same into their consideration has been given by advertisement in the *Telangana Gazette and in the local newspapers six weeks at least before the day of the meeting at which the Corporation finally consider such bye-law. (2) The Corporation shall, before approving any byelaw, receive and consider any objection


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or suggestion which may be made in writing by any person with respect thereto before the day of the said meeting; and any person desiring to object to a bye-law, on giving written notice to the Commissioner, not less than ten days before the day of the said meeting, of the nature of his said objection may, by himself or his counsel, attorney or agent, be heard by the Corporation thereon at the said meeting.

50 Section 589 - Bye laws to be confirmed by Government. No bye-law made under section 586 shall have the force of law unless and until sanctioned by the Government and published in the *Telangana Gazette.

51 Section 590 - Printed copies of bye-laws to be kept on sale. (1) The Commissioner shall cause all bye-laws from time to time in force to be printed, and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of a fee fixed with the approval of the Standing Committee. (2) Notice of the fact of copies of the bye-laws being obtainable at the said price, and of the place where and the person from whom the same are obtainable, shall be given by the Commissioner from time to time by advertisement in the local newspapers. (3) Boards, with the bye-laws printed thereon or with printed copies of the bye-laws affixed thereto, shall be hung or affixed in some conspicuous part of every municipal office and in such places of public resort, markets, slaughter-houses and other works or places affected thereby, as the Commissioner thinks fit, and the said boards shall from time to time be renewed by the Commissioner.

52 Section 591 - Boards for exhibiting Bye-laws to be open to inspection and not to be injured. (1) No municipal officer or servant shall at any reasonable time prevent the inspection of any board provided by the Commissioner, under the last preceding section by any person desiring to inspect the same. (2) No person shall, without lawful authority, destroy, pull down, injure or deface any such board.

53 Section 592 - Government may modify or repeal bye laws . (1) If it shall at any time appear to the Government that any bye-law should be modified or repealed either wholly


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or in part, it shall cause reasons for such opinion to be communicated to the Corporation and specify a reasonable period within which the Corporation may make any representation with regard thereto which it shall think fit. (2) After receipt and consideration of any such representation or, if in the meantime no such representation Printed copies of bye-laws to be kept on sale. Boards for exhibiting byelaws to be open to inspection and not to be injured. Government may modify or repeal bye-laws. 400 [Act No. II of 1956] is received, after the expiry of the specified period, the Government may at any time by notification in the *Telangana Gazette, modify or repeal such bye-law either wholly or in part. (3) The modification or repeal of a bye-law under subsection (2) shall take effect from such date as the Government shall in the said notification direct or, if no such date is specified, from the date of the publication of the said notification in the *Telangana Gazette, except as to anything done or suffered or omitted to be done before such date. (4) The said notification shall also be published in the local newspapers.

54 Section 593 - Making of Standing Orders by Commissioner (1) The Commissioner may make standing orders consistent with the provisions of this Act and the rules and bye-laws made thereunder in respect of the following matters namely – (A) (a) fixing nakas for the collection of octroi 340[XXX]; (b) regulating the mode and manner in which octroi 340[XXX] shall be collected; (c) determining how octroi shall be calculated when no reliable evidence is available of the value of the goods imported; (d) regulating the stamping, sealing or otherwise marking of imported goods; claimed or made and the conditions under which (e) specifying the manner in which refunds of octroi shall be agents shall be recognised for obtaining refunds of octroi; 340. Omitted (and tolls) by Act No.XXXVIII of 1961. Making of standing orders by Commissioner. [Act No. II of 1956] 401 (f) determining the supervision under which, the routes by which and the time within which goods


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intended for immediate exportation shall be conveyed out of the City and the fees payable by persons so conveying the goods; (g) any other matter relating to the collection of octroi which is not provided for in this Act; (B) determining the manner in which sales of movable property attached for the non-payment of municipal dues shall be held; (C) (a) preventing nuisance or obstruction in any market building, market place, slaughter-house or stockyard or in the approaches thereto; (b) fixing the days and the hours on and during which any market, slaughter-house or stock-yard may be held or kept open for use and prohibiting the owner of any private market from keeping it closed without lawful excuse on such days or during such hours; (c) prohibiting every vendor in a market from closing his shop, stall or standing to the public without lawful excuse or from withholding from sale any articles in which he normally deals; (d) keeping every market-building, market place, slaughter-house or stock-yard in a cleanly and proper state, and removing filth and refuse there from; (e) requiring that any market-building, market-place, slaughter-house or stock-yard be properly ventilated and be provided with a sufficient supply of water; 402 [Act No. II of 1956] (f) requiring that in market-buildings and marketplaces passages be provided between the stalls of sufficient width for the convenient use of the public; (g) the marking or branding for purposes of identification of animals rejected for slaughter as discarded or unwholesome; (h) regulating the method of slaughter at slaughterhouses; (i) requiring the allotment in markets of separate areas for different classes of articles ; (j) generally regulating the orderly management and control of markets, slaughter-houses and stockyards. (2) No order made by the Commissioner under clause (A) of sub-section (1) shall be valid unless it is approved by the Corporation and confirmed by the Government, and no order made by the Commissioner under clause (B) or


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paragraph (e) of clause (C) of sub-section (1) shall be valid unless approved by the Corporation.

55 Section 594 - Posting of Standing orders by Commissioners A printed copy of the standing orders shall be affixed in a conspicuous place in the Chief Municipal Office and a printed copy of the table of stallages, rents and fees, if any, in force in any market, slaughter-house or stock-yard under sections 534 and 535 shall be affixed in some conspicuous spot in the market-building, market place, slaughter-house or stock-yard.

56 Section 595 - Penalty for breach of Bye-laws, or Standing Orders . In making bye-laws or standing orders, the Corporation, or the Commissioner as the case may be, may provide that for any breach thereof the offender shall on conviction (a) be punished with fine which may extend to rupees one hundred, and in the case of a continuing breach with fine which may extend to rupees ten for every day during which the breach continues, after conviction for the first breach; (b) be punished with fine which may extend to rupees ten for every day during which the breach continues, after receipt of written notice from the Commissioner or any municipal officer duly authorised in that behalf to discontinue the breach; (c) in addition to the imposition of such fine, be required to remedy the mischief so far as lies in his power.

57 Section 596 - Certain offences punishable with fine. Whoever- (a) contravenes any provision of any of the sections, sub- sections or clauses mentioned in the first column of the table in Schedule U or (b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the third column of the said table: 341[Provided that the fine imposed shall, in no case be less than fifty percent of the said amount.] Explanation.— The entries in second column of the said table headed ―Subject‖ are not intended as definitions of the offences described in the sections, sub-sections and clauses mentioned in the first column, or even as


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abstracts of those sections, sub-sections and clauses, but are inserted merely as references to the subjects of the sections, sub-sections and clauses, the numbers of which are given in the first column.

58 Section 597 - Continuing Offences. Whoever, after having been convicted of- (a) contravening any provision of any of the sections, sub- sections or clauses mentioned in the first column of the table in Schedule V, (b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to contravene the said provision or to neglect to comply with the said requisition, or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the third column of the said table: 342[Provided that the fine imposed shall in no case be less than fifty percent of the ssaid amount.] Explanation:— The entries in the second column of the said table headed ―Subject‖ are not intended as definitions of the offences described in the sections, sub- sections and clauses mentioned in the first column, or even as abstracts of those sections, sub-sections and clauses, but are inserted merely as references to the subject of the sections, sub-sections and clauses, the numbers of which are given in the first column

59 Section 598 - Offences punishable under the Indian Penal Code. Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act herein-below in this section mentioned and whoever fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the section of the Indian Penal Code herein below in this section respectively specified as the section of the said Code under which such person shall be punishable, namely :— Sections of this Act. Sections of the Indian Penal

Code under which offenders are Punishable


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3[Section 12, subsection 6] .......... 176 or 177, as the case may be.

Section 213, subsections (1) and (2) and section 243 .......... 176 or 177, as the case may

be. Section 216, subsection (3) ........ 177. Section 514, clauses (a), (b), (c) and (d) and section 515 ..........207 Section 565, subsection (1) ........ 188

60 Section 636 - Work or thing done without written permission of the Commissioner to be deemed Unauthorised. (1) If any work or thing requiring the written permission of the Commissioner under any provision of this Act or any rule, regulation or bye-law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the Commissioner, such work or thing shall be deemed to be unauthorised and subject to any other provision of this Act the Commissioner may at any time, by written notice, require that the same shall be removed, pulled down or undone as the case may be, by the person so carrying out or doing if the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisitions of the Commissioner. (2) If within the period specified in such written notice the requisitions contained therein are not carried out by the person or owner, as the case may be, the Commissioner may remove or alter such work or undo such thing and the expenses thereof shall be paid by such person or owner as the case may be.

61 Section 637 - Commissioner, etc. may enter any premises for purposes of inspection, survey or execution of necessary work The Commissioner or any other officer authorised by him in this behalf may enter into or upon any building or land, with or without assistants or workmen in order to make inspection or survey or to execute any work which is authorised by this Act or by any regulation or bye-law framed under this Act to be made or executed, or which it is necessary for any of the purposes, or in pursuance of any of the provisions of this Act or of any such regulation


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or byelaw, to make or execute: Work or thing done without written permission of the Commissioner to be deemed unauthorised. Commissioner, etc., may enter any premises for purposes of inspection, survey or execution of necessary work. [Act No. II of 1956] 431 Provided that— (a) except when it is in this Act otherwise expressly provided no such entry shall be made between sunset and sunrise; (b) except when it is in this Act otherwise expressly provided, no building which is used as a human dwelling shall be so entered unless with the consent of the occupier thereof, without giving the said occupier not less than twenty-four hours previous written notice of the intention to make such entry, and unless for any sufficient reason it shall be deemed inexpedient to furnish such information of the purpose thereof; (c) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed; (d) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

62 Section 638 - Power to summon witnesses The Commissioner shall have the power of a Civil Court for the purpose of enforcing the attendance of witnesses and compelling the production of documents and every person required by the Commissioner to furnish any information shall be legally bound to do so within the meaning of section 176 of the Indian Penal Code, 1860.

63 Section 639 - Works etc. which any person is required to execute may in certain cases to executed by the Commissioner at such person’s cost (1) When any requisition or order is made, by written notice, by the Commissioner or by any municipal officer, empowered under section 119 in his behalf, under any section, sub-section or clause of this Act, mentioned in subsection (2), a reasonable period shall be specified in such notice for carrying such requisition or order into effect, and if, within the period so specified, such


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requisition or order or any portion of such requisition or order is not complied with, Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion, be necessary for giving due effect to the requisition or order so made; and, unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addressed. (2) The sections, sub-sections and clauses of this Act referred to in sub-section (1) are the following, namely The Commissioner may take any measure, execute any work or cause anything to be done under this section, whether or not the person who has failed to comply with the requisition or order is liable to punishment or has been prosecuted or sentenced to any punishment for such failure.

64 Section 640 - Recovery of expenses by removals by the Commissioner under Sections 405, 413, 456 and 504 (1) The expenses incurred by the Commissioner in effecting any removal under section 405 or sub-section (3) of section 413 or in the event of a written notice issued under section 406 or section 456 or 504 not being complied with under section 639, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials. (2) But if the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or other-wise disposed of, and on his paying all other expenses, if any, incurred by the Commissioner in respect thereof or in respect of the intended sale or disposal thereof. (3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Commissioner thinks fit if perishable, forthwith and if other than perishable, as soon as conveniently may be after one month from the date of their removal whether the Recovery of expenses by removals by the Commissioner under sections 405, 413, 456 and 504. [Act No. II of 1956] 435 expenses of the removal have in the


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mean time been paid or not and the proceeds, if any, of the sale or other disposal, shall, after defraying therefrom the costs of the sale or other disposal, and if necessary of the removal, be paid to the credit of the Municipal fund, and shall be the property of the Corporation.

65 Section 648 - Compensation for damages may be paid by the Commissioner In any case not otherwise expressly provided for in this Act, the Commissioner may, with the previous approval of the Standing Committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act in the Commissioner or in any municipal officer or servant.

66 Section 649 - Compensation to be paid by offenders against this Act for any damage caused by them (1) If, on account of any act or ommission any person has been convicted of an offence against any rule or byelaw made thereunder, and, by reason of the same act or ommission of the said person, damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.

A.P. Municipalities Act 1965

a) Government of Andhra Pradesh has adopted the Madras District Municipalities Act 1920 till 1st April 1965, and the Act was repealed by A.P. Municipalities Act 1965, which has come into force with effect from 2nd April 1965. This Act consists of various provisions for granting of permissions for buildings, factories, control of unauthorized constructions, encroachments and prevention of developments which are objectionable for public health and safety and also penalty for unlawful buildings etc,. The following are the sections related of Town Planning in the Act, which are relevant for controlling the developments

S.No Section No

- Rule

1 Section 2 - Definitions (1) 'Andhra Area' means the area in the State of Andhra Pradesh other than Telangana area;

(2) 'appointment', 'appoint', includes temporary appointment and officiating appointment or to appoint


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temporarily or in an officiating capacity;

(2-a) 'Backward Classes' means any socially and educationally backward classes of citizens recognised by the Government for purposes of Clause (4) of Article 15 of the Constitution of India.

(3) 'building' means any structure constructed of any materials for any purpose, and includes a house, out-house, shop, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding two metres in height), or any part of such building;

(4) 'building line' means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend;

(5) 'carriage' means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).

(6) 'cart' includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).

(7) 'casual vacancy' means a vacancy occurring otherwise than by efflux of time and casual election' means an election held to fill a casual vacancy:

(7-a) 'ceiling limit' means the ceiling limit as specified in Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976.

(8) Chairperson' means the Chairperson of the Council;

(8-a) 'Commissioner' means the person appointed as Commissioner under Sub-section (1) of Section 29

(9) 'Company' means a company as defined in the Companies Act, 1956; (Central Act 1 of 1956), and includes any foreign company within the meaning of Section 591 of that Act:

(10) 'conservancy worker' means a person employed in collecting or removing filth, in cleaning drains or slaughter houses or in driving cars used for the removal of filth;

(11) 'Council' means a municipal council constituted under


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this Act;

(12)'election authority' means such officer or authority as may be appointed by the State Election Commission to exercise such powers and to perform such functions in connection with the conduct of elections to the Municipalities;

(13) ............

(14) 'factory' means any premises including the precincts thereof,--

(i) Where in any industrial or manufacturing process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency; or

(ii) Whereon twenty or more workers are working or were working and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on; but does not include a mine subject to the operation of the Mines Act, 1952 (Central Act 35 of 1952) or a railway running shed;

(15) 'filth' means--

(a) nightsoil and other contents of latrines, cess-pools and drains;

(b) dung and the refuses or useless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and

(c) putrid and putrefying substances;

(15-a)'Finance Commission' means the Finance Commission constituted by the Governor under Article 243-I of the Constitution of India;

(16) 'government' means the State Government.

(17) 'house' means a building or hut fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way, and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus-stand;

(18) 'hut' means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of


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whatever material made, which the council may declare to be a hut for the purposes of this Act;

(19) 'latrine' includes privy, water-closet and urinal;

(20) 'local area' includes any town, village, hamlet, bazar, station or other area or any group of the same in the immediate neighbourhood of one another but does not include a cantonment governed by the Cantonments Act, 1924; (Central Act 2 of 1924).

(21) 'municipal officer' means the principal office of any council;

(22) 'municipality' means a municipality of such grade as may be declared by the Government, from time to time, by notification in the Andhra Pradesh Gazette on the basis of its income and such other criteria as may be prescribed;

(22-a) 'Nagar Panchayat' means a body deemed to have been constituted under Section 2-A, for a transitional area specified by the Governor under clause (42-a);

(23) 'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property of the public or the people in general who dwell or occupy in the vicinity or persons who may have occasion to use any public right;

(24) 'occupier' includes--

(a) any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used;

(b) a rent-free occupant;

(25) 'ordinary vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an election held to fill an ordinary vacancy;

(26) 'owner' includes--

(a) the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate for any religious or charitable purposes, the rent or profits of


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the property in connection with which the word is used;

(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;

(27) 'palanquin' includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick people;

(27-a) 'population' or population at the last census' with all its grammatical variations and cognate expressions, means the population as ascertained at the last census of which all the relevant and necessary figures have been published;

(28) 'prescribed' means prescribed by the Government by rules made under this Act;

(29) 'private street' means any street, road, square, court, alley, passage or riding path, which is not a public street but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of, such premises;

(30) 'public place' includes any path, garden or ground or any other place to which public have or are permitted to have access;

(31) 'public street' means any street, road, square, court, alley, passage or riding path over which the public have a right of way whether a thoroughfare or not, and includes—

(a) the roadway over any public bridge or causeway;

(b) the footway attached to any street public bridge or causeway; and

(c) the drains attached to any such street, public bridge or cause way and the land, whether covered or not by any pavement, verandah, or other structure which lies on either side of the roadway upto the boundaries of the adjacent property whether that property is private property or property belonging to the Government;

(32) 'public water-course, springs, wells and tanks' include those used by the public to such an extent as to give a prescriptive right to such use,

(32-a) 'qualifying date' in relation to the preparation and publication of every electoral roll under this Act means the first day of January of the year in which it is so prepared and


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published;

(33)'reconstruction' of a building includes--

(a) the re-erection, wholly or partially, of a building after more than one-half of its cubical contents have been taken down or burnt down or has fallen down whether at one time or not;

(b) the re-erection, wholly or partially, of any building of which an outer wall has been taken down or burnt down or has fallen down to or within ten feet of the ground, adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down, so as to leave only the frame work of the lowest storey;

(c) the conversion into a dwelling house or a place of public worship of any building not originally constructed for human habitation or for public worship as the case may be, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only or the conversion of a dwelling house into a factory, shop, office or warehouse;

(d) the re-conversion into a dwelling house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling house or a place of public worship or a factory, as the case may be.

(34) 'Regional Director' means the Regional Director of Municipal Administration having jurisdiction over the Municipality concerned;

(35) 'residence'-- 'reside'-- a person is deemed to have his residence' or to reside' in any house, if he sometimes uses any portion thereof as a sleeping apartment; and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;

(36) 'rubbish' means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not filth';

(37) 'salary' means pay and acting pay or payment by way of commission and includes exchange, compensation


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allowances but not allowances for house-rent, conveyance or travelling expenses;

(38) 'scheduled castes' means such castes, races or tribes or parts of or, groups within, such castes, races or tribes as are notified to be Scheduled Castes under Article 341 of the Constitution of India in relation to the State of Andhra Pradesh;

(39) 'scheduled tribes' means such tribes, or tribal communities or parts of, or groups within, such tribes or tribal communities as are notified to be Scheduled Tribes under Article 342 of the Constitution of India in relation to the State of Andhra Pradesh;

(40) 'State Election Commission' means the State Election Commission constituted in pursuance of Article 243-K of the Constitution of India;

(41) 'street alignment' means a line dividing the lands comprised in and forming part of a street from the adjoining land;

(42) 'Telangana area' means the territories specified in Sub- section (1) of Section 3 of the States Reorganisation Act, 1956; (Central Act 37 of 1956);

(42-a) 'transitional area' or a smaller urban area' means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Act, subject to such rules as may be made in this behalf;

(42-b)'Wards Committee' means a Wards Committee constituted under Section 5-B;

(43) 'watercourse' includes any river, stream or channel whether natural or artificial,

(44) 'year' means the financial year.

2 Section 137 - Prohibition of buildings on water mains (1) Without the permission of the council, no building, wall or other structure shall be newly erected and no street or railway shall be constructed over any municipal water mains.


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(2) If any building, wall or other structure be so erected or any street or railway be so constructed, the council may cause the same to be removed or otherwise dealt with as shall appear to it fit, and the expenses thereby incurred shall be paid by the persons offending.

3 Section 148 - Owners of buildings, to pay for clearance of salt age water from their buildings, by connecting their house drains with public drains (1) For the discharge of drainage from private premises by connecting house-drains with municipal drains, payment shall be made under any one of the basis mentioned in sub- section (2) which the council may, by resolution, specify, at such times, and on such conditioins as may be laid down in the bye laws made by the council and shall be recoverable in the same manner as the property tax.

(2) The basis referred to in sub-section (1) shall be the following:

(a) a monthly rent at such rate for each building as may be laid down in the bye-laws;

(b) such percentage of the capital value of the building as may be laid down in the bye-laws;

(c) the number of taps allowed, irrespective of the quantity of water consumed.

4 Section 174 - Acquisition of land and buildings. For improvement of streets. (1) The council may acquire-

(a) any land required for the purpose of turning, diverting, opening, widening, extending, or otherwise improving any public street, or of making any new public street, and the buildings, if any, standing upon such land; and

(b) any land outside the proposed street alignment, with the buildings, if any, standing thereupon:

Provided that in any case in which it is decided to acquire any land under clause (b) of this sub-section, the owner of such land may retain it by paying to the council an annual sum to be fixed by the council in that behalf, or a lumpsum to be fixed by the council, not being less than twenty-five times such annual sum and subject to such conditions as the council thinks fit as to the removal of the existing building, if


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any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters.

(2) If any sum payable in pursuance of the proviso to sub- section (1) in respect of any land be not duly paid, it shall be recoverable in the manner provided by this Act for the collection of taxes, and, if not so recovered, the Commissioner may enter upon the land, and sell it, with any erections standing thereon, by public auction subject to the conditions, if any, imposed under sub-section (1) above and may deduct the said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance, if any, to the defaulter. (3) Any sum paid in pursuance of the proviso to sub-section (1) or recovered under sub-section (2) in respect of any land shall be left out of account in determining the capital value or the annual rental value of such land for the purpose of assessing it to the property tax.

(4) Any land or building acquired under clause (b) of sub- section (1) may be sold, leased or otherwise disposed of after public advertisements, and any conveyance made for that purpose may comprise such conditions as the council think fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters.

(5) The council may require any person to whom any land or building is transferred under sub-section (4) to comply with any conditions comprised in the said conveyance before it places him in possession of the land or building.

5 Section 175 - Power to specify buildings. Line and street alignment

(1) The council may -

(a) specify for any public street a building line or a street alignment or both;

(b) from time to time, define a fresh line in substitution for any line so defined or for any part thereof:

Provided that in either case--

(i) at least one month before the meeting of the council at


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which the matter is decided, public notice of the proposal has been given and special notice thereof has also been put up in the street or part of the street for which such line is proposed to be defined, and

(ii) the council has considered all objections to the said proposal made in writing and delivered at the municipal office not less than three clear days before the day of such meeting.

(2) A register with plans attached shall be kept by the Commissioner showing all publicities in respect of which a building, lane or street alignment or both have been specified and such register shall contain such particulars as may appear to the Commissioner to be necessary and shall, at all reasonable times, be open for public inspection.

6 Section 176 - Buildings not to be constructed within street alignment of building Line. (1) No person shall construct any portion of any building within a street alignment defined under Section 175.

(2) No person shall erect or add to any building between street alignment and a building line defined under Section 175 except with the permission of the Commissioner who may, when granting the permission, impose such conditions as the council may lay down for such cases.

7 Section 177 - Setting back, projecting buildings or walls (1) When any building or part thereof abutting on a public street is within a street alignment defined under Section 175, the Commissioner may, whenever it is proposed--

(a) to rebuild such buildings or take it down to an extent exceeding one half thereof above the ground level, such half to be measured in cubic centimetres, or

(b) to remove, reconstruct or make any addition, to any portion of such building which is within the street alignment, by an order require such building, addition or alteration to be set back to the street alignment;

Provided that such setting back shall not be required in respect of such building or a portion thereof which has not been demolished and rebuilt.

(2) When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Commissioner or otherwise, taken down, or


80

when any private land without any building thereon lies within the street alignment, the Commissioner may forthwith take possession on behalf of the council of the portion of land within the street alignment, and if necessary, clear it.

(3) Land acquired under this section shall be deemed to be a part of the public street and shall vest in the council.

(4) When any building is set back in pursuance of any requisition made under sub-section (1), or when the Commissioner takes possession of any land under sub- section (2), the council shall, within ninety days from the date of such setting backing or taking possession, make full compensation to the owner for any direct damage which he may sustain thereby.

Explanation:- The expression direct damage', as used in sub- section (4) with reference to land, means the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of the site.

8 Section 178 - Settings building. Forward to improve line or streets. The council may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, by notice, require any building to be so set forward in the case of re-construction thereof or of a new construction.

Explanation: - For the purpose of this section, a wall separating a premises from a public street shall be deemed to be a building; and shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment, if a wall of such material and dimensions as are approved by the Commissioner is erected along the side line.

9 Section 181 - Temporary closure of streets Commissioner may by an order in writing temporarily close any street to traffic for repair, or in order to carry out any work connected with drainage, water-supply or lighting or any of the purposes of this Act;


81

Provided that such work shall be completed and such street re-opened to traffic with all reasonable speed.

10 Section 189 - Prohibition of obstruction in or over streets No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any street except as hereinafter provided.

11 Section 198 - License for work on buildings likely to cause obstructions. any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street or foot-way is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the Commissioner in that behalf and shall also--

(a) cause the said building to be fenced and guarded;

(b) sufficiently light it during the night; and

(c) take proper precautions against accidents during such time as the public safety or convenience requires.

12 Section 199 - Clearing of debris of fallen house etc., by occupier. If any obstruction is caused in any street by the fall of trees, structures or fences, the owner or occupier of the premises concerned shall, within twelve hours of the occurrence of such fall, or within such further period as the Commissioner may by notice allow, clear the street of such obstruction.

13 Section 202 - Construction of buildings. For public worship No site shall be used for the construction of a building intended for public worship if the construction of a building thereon will wound the religious feelings of any class of persons.

14 Section 203 - Permission for construction new buildings. Not to be granted on certain sites.

No permission shall be granted for the construction of new building on any site which has been filled up with faceal or offensive vegetable or animal matter or upon which any such matter has been deposited unless the Municipal Health Officer certifies that such matter has been properly removed by excavation or otherwise or has become or been rendered innocuous.


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15 Section 204 - Buildings Site and construction of buildings. No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this part and of any rules or bye-laws made under this Act, relating to the use of building sites or the construction or reconstruction of buildings;

Provided that the Government may, in respect of all municipalities or with the consent of the council, in respect of any particular municipality or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this chapter or the said rules.

16 Section 205 - Power of council to regulate future construction of certain classes of buildings in particular street or localities.

(1) The council may give public notice of its intention to declare--

(a) that in any streets or portions of streets specified in the notice--

(i) continuous building will be allowed;

(ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall, in respect of their architectural features, be such as the council may consider suitable to the locality; or

(b) that in any localities specified in the notice, the construction of only detached buildings will be allowed; or

(c) that in any streets, portions of streets or localities specified in the notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character, or buildings destined for particular uses, will not be allowed without the special permission of the council.

(2) No objections to any such declaration shall be received after a period of three months from the publication of such notice.

(3) The council shall consider all objections received within the said period and may then confirm the declaration, and before doing so, may modify it but not so as to extend its effect.


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(4) The Commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication.

(5) No person shall, after the date of publication of such declaration, construct or reconstruct any building in contravention of any such declaration.

17 Section 206 - Building at corner of street. (1) The Council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent otherwise as it may determine and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity and for any land so acquired the council shall pay compensation.

(2) In determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

18 Section 207 - Prohibition of use of inflammable materials buildings without permission.

No external roof, varandah, pendal or wall of a building shall be constructed or reconstructed of grass, leaves, mats or other inflammable materials, except with the permission of the Commissioner.

19 Section 211 to 218 Section 211

- Provision of buildings other than Huts

-Prohibition against commencement of work without permission

The construction or reconstruction of a building shall not be begun unless and until the Commissioner has granted permission for the execution of the work.

Section 212 Period within which Commissioner is to signify approval or disapproval

Within sixty days after the receipt of any application made under Section 209 for approval of a site or of any information or further information required under rules or bye-laws, the Commissioner shall, by written order, either approve the site or refuse on one or more of the grounds mentioned in Section 215 to approve the site.


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Section 213

Section 214

Section 215

Period within which Commissioner is to grant or refuse to grant permission to execute work

Within sixty days after the receipt of any application made under Section 209 for permission to execute any work or of any information or of documents or further information or documents required under rules or bye-laws, the Commissioner shall by written order either grant such permission or refuse on one or more of the grounds mentioned in Section 215 to grant it;

Provided that the said period of sixty days shall not begin to run until the site has been approved under Section 212.

Effect of delay in grant or refusal of approval or permission

If within the period prescribed by Section 212 or Section 213, as the case may be, the Commissioner has neither given nor refused its approval of a building site, or its permission to execute any work, as the case may be, such approval or permission shall be deemed to have been given; and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

Grounds on which approval of sites for or licence to construct or reconstruct building may be refused

The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely:-

(1) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan elevations, sections or specifications would contravene some specified provision of any law or some specified order, rule, declaration or bye-laws made under any law.

(2) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;

(3) that any of the documents referred to in Section 209 have not been signed as required under rules or bye-laws;

(4) that any information or a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, or


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Section 216

Section 217

as the case may be, an affidavit referred to in Section 184 are not furnished or documents required by the Commissioner under rules or bye-laws have or have not been duly furnished.

(5) that streets or roads have not been made as required by Section 184.

(6) that the proposed building would be an encroachment upon Government or municipal land.

Whenever the Commissioner refuses to approve a building site for a building or to grant permission to construct or reconstruct a building, the reasons for such refusal shall be specifically stated in the order.

Lapse of permission

If the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.

Power to require alteration of work

(1) If the Commissioner finds that the work--

(a) is otherwise than in accordance with the plans or specifications which have been approved; or

(b) contravenes any of the provisions of this Act or any bye- law, rule, order of declaration made thereunder he may, by notice, require the owner of the building within a period stated either--

(i) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans or provisions; or

(ii) to show cause why alteration should not be made.

(2) If the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice.

(3) If the owner shows cause as aforesaid, the Commissioner shall by an order cancel the notice issued under sub-section (1), or confirm the same subject to such modifications as it may think fit.

Section 218 Stoppage of work endangering human life

Notwithstanding anything in any of the preceding sections


86

the Town Planning Officer may, at any time, stop the construction or reconstruction of any building if in his opinion the work in progress endangers human life and shall report the fact to the Commissioner who shall have powers to pass such orders as he thinks fit for reasons to be recorded in writing.

20 Section 219 - Application of certain section to wells The provisions of Section 209, Section 210, Section 211, Section 216, Section 217 and Section 221 shall, so far as may be, apply to a well.


- Provisions for Huts.

- Application to construct or reconstruct huts (1) Every person who intends to construct or reconstruct hut

shall send to the Commissioner. (a) an application for permission to execute the work; and (b) a site plan of the land. (2) Every such application and plan shall contain the

particulars and be prepared in the manner required by rules or bye-laws.

Section 221 - Prohibition against commencement of work without permission

The construction or reconstruction of a hut shall not be begun, unless and until the Commissioner has granted permission for the execution of the work on an application sent to him under Section 220

- Period within which Commissioner is to grant or refuse to grant permission to execute the work

Within fourteen days after the receipt of any application made under Section 220 for permission to construct or reconstruct a hut or of any information or plan or further information or fresh plan required under rules or bye-laws, the Commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in Section 224 to grant it.

Section 223 -Effect of delay in grant or refusal of permission If within the period prescribed by Section 222, the

Commissioner has neither granted nor refused to grant


87

permission to construct or reconstruct a hut such permission, shall be deemed to have been granted and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

Section 224 - on which permission to construct or reconstruct hut may be refused

The only grounds on which permission to construct or reconstruct a hut may be refused are the following, namely:-

(1) that the work or use of the site for work would contravene some specified provisons of any law or some specified order, rule, bye-law or declaration made under any law.

(2) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;

(3) that any information or plan required by the Commissioner under rules or bye-laws has not been duly furnished;

(4) that streets or roads have not been made as required by Section 184; or

(5) that the proposed building would be an encroachment upon Government or municipal land.

Whenever the Commissioner refuses to grant permission to construct or reconstruct a hut, the reasons for such refusal shall be specifically stated in the order.

Section 225 - Lapse of permission If the construction or reconstruction of any hut is not

completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.

Section 226 Maintenance of external walls in repair The owner or occupier of any building adjoining a public

street shall keep the external part thereof in proper repair with lime plaster or other material to the satisfaction of Commissioner.

Section 227 - Application of provisions to alterations and additions (1) The provisions of this chapter and of any rules or bye-


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Section 228

laws made under this Act relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto.

Provided that works of necessary repair which do not affect the position or dimension of a building or any room therein shall not be deemed as an alteration or addition for the purposes of this section.

- Demolition or alteration of building work unlawfully commenced, carried on or completed

(1) If the Commissioner is satisfied--

(i) that the construction or reconstruction of any building or well--

(a) has been commenced without obtaining the permission of the Commissioner or the Chairperson as the case may be, or where an appeal has been made to the council, in contravention of any order passed by the council; or

(b) is being carried on, or has been completed, otherwise than in accordance with the plans or particualrs on which such permission or order was based; or

(c) is being carried on, or has been completed, in breach of any of the provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye laws; or

(ii) that any alterations required by any notice issued under Section 217 have not been duly made;or

(iii) that any alteration of or addition to any building or any other work made or done for any purpose into or upon, any building, has been commenced or is being carried on or has been completed in breach of Section 227.

(2) The said officer shall serve a copy of the provisional order made under sub-section (1) on the owner of the building or well, together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed.

(3) If the owner fails to show cause to the satisfaction of the said officer, he may confirm the order with such modification as he thinks fit to make, and such order shall


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then be binding on the owner.

22 Section 229 - Exemptions for certain buildings (1) Any building constructed and used or intended to be constructed and used, exclusively for the purpose of a plant- house, summer-house, not being a dwelling, house, poultry house or aviary, shall be exempted from the provisions of this chapter other than Section 208 provided the building be wholly detached from, and situated at a distance of at least three meters from the nearest adjacent building.

(2) The Commissioner may grant permission at his discretion on such terms as he may decide in each case to erect for a specified period temporary huts or sheds for stabling, for watching crops, for storing tools or materials, or for other similar purposes. On expiry of the period specified, the Commissioner may, by notice, require the owner of such hut or shed to demolish it.

23 Section 230 - Application of schedule III, i.e, Building rule The rules embodied in Schedule III shall be read as part of this chapter.


- Dangerous obstructions, streets and places

- Precautions in case of dangerous structures

(1) If any structure appears to the Commissioner to be in a ruinous state and dangerous to the passersby or to the occupiers of neighbouring structures, he may by notice require the owner or occupier to fence off, take down, secure or repair such structures so as to prevent any danger therefrom.

(2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in Section 364.

(3) If in the opinion of the Commissioner the said structure is imminently dangerous to the inmates thereof, he shall order the immediate evacuation thereof, and any person


90

disobeying may be got removed with the help of any police officer.

Section 232 - Precautions in case of dangerous trees (1) If any tree or any branch of a tree or the fruit of any tree

appears to the Commissioner to be likely to fall and thereby endanger any person or any structure, he may by notice require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom.

(2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree or remove the fruits thereof or fence off a part of any tree or take such other temporary measures as he thinks fit to prevent danger and the cost of so doing shall be recoverable from the owner of the tree in the manner provided in Section 364.

Section 233 - Precautions in case of dangerous tanks, wells, holes, etc. (1) If any tank, pond, well, hole, stream, dam, bank or other

place appears to the Commissioner to be, for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighborhoods, he may, by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger there from.

(2) If immediate action is necessary, he shall, before giving such notice or before the period of notice expires, himself take such temporary measures a she thinks fit to prevent danger and the cost of doing so, shall be recoverable from the owner in the manner provided in Section 364.

Section 234 - Power to stop dangerous quarrying If, in the opinion of the Commissioner the working of any

quarry, or the removal of stone, earth or other material, from any place is dangerous to persons residing in, or having legal access to, the neighborhood thereof or creates or is likely to create a nuisance, he may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating


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Section 235

the nuisance arising or likely to arise there from

Precaution against fire

(1) The Commissioner may by notice, require the owner of any structure, booth or tent partly or entirely composed of, or having any external roof, verandah, pandal or wall partly or entirely composed of cloth, grass, leaves mats, or other inflammable materials to remove or alter such tent, booth, structure, roof, verandah, pandal or wall or may grant him permission to retain the same on such conditions as he may think necessary to prevent danger from fire.

(2) The Commissioner may, by notice, require any person using any place for the storage for private use, of timber, firewood, other inflammable or combustible things to take special steps to guard against danger from fire.

(3) Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, he may, with the sanction of the council, by notice, require the owner or occupier of the building to alter or reconstruct any staircase in such manner or to provide such additional or emergency stair-cases as he may direct; and when any building, booth or tent is used for purposes of public entertainment, he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exists so placed and maintained, as readily to afford the audience ample means of safe egress, that the seating be so arranged as not to interfere with free access to the exits and that gangways, passages and staircases leading to the exists shall, during the presence of the public, be kept clear of obstructions.

25 Section 264 - Application of construction, establishment or installation of factory, workshop of work place.

(1) Every person intending--

(a) to construct or establish any factory, workshop or workplace in which it is proposed to employ steam-power, water- power or other mechanical power or Electrical power; or

(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid (not being machinery or manufacturing plant exempted by rules), shall, before beginning such


92

construction, establishment or installation make an application in writing to the council for permission to undertake the intended work.

(2) The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or premises and shall be accompanied by--

(i) a plan of the factory, work-shop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Government; and

(ii) such particulars as to the power, machinery, plant or premises as the council may require by bye-laws made in this behalf.

(3) The council shall, within sixty days after obtaining approval under sub-section (4)--

(a) grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose; or

(b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.

(4)

(a) Before granting permission under sub-section (3) the council shall obtain the approval of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948), having jurisdiction in the area of the municipality, or if there is more than one such inspector, of the inspector designated by the Government in this behalf by general or special order, as regards the plan of the factory, workshop, work-place or premises with reference to--

(i) the adequacy of the provision for ventilation and light;

(ii) the sufficiency of the height and dimensions of the rooms and doors;

(iii) the suitability of the exists to be used in case of fire; and

(iv) such other matters as may be prescribed by rules made by the Government.

(b) Before granting permission under sub-section (3), the


93

council shall consult and have due regard to the opinion of the Municipal Health Officer or where there is no such officer, of the District Medical and Health Officer, as regards the suitability of the site of the factory, work-shop, workplace or premises for the purpose specified in the application.

(5) No worker shall be employed on any day in any factory, workshop, work-place, or premises, unless the permission granted in respect thereof under sub-section (3) authorises such employment, or unless fresh permission authorising such employment has been obtained from the council. Before granting such fresh permission, the council shall obtain the approval of the Inspector of Factories referred to in sub-section (4) as regards the plan of the factory, workshop, work-place, or premises, with reference to the matters specified in that clause.

(6) The grant of permission under this section--

(a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be subject to such restrictions and control as may be prescribed; and

(b) shall not be deemed to dispense with the necessity for compliance with the provisions of Sections 209 and 211 or Sections 220 and 221, as the case may be.

Explanation:-The word 'worker' in sub-sections (2) and (5) shall, in relation to any factory, workshop, work-place or premises have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948).

26 Section 268 - Notification of I.C.R Areas (1) Every council shall, as soon as may be after commencement of this Act, and after consultation with the Director of Public Health and of the Director of Town- Planning, and with the previous approval of the Government, notify in the prescribed manner the localities, divisions, wards, streets or portions of streets, in its local limits which shall be reserved for residential, industrial, commercial or agricultural purposes.

(2) The council may, at any time subsequent to the issue of a notification under sub-section (1), in like manner and subject to the like consultation and approval, notify any additional


94

localities, divisions, wards, streets or portions of streets as areas which shall be reserved for any of the purposes specified in sub-section (1).

(3) (a) A notification issued under sub-section (1) or Sub- section (2) may declare that a land in an area reserved for a particular purpose shall not be used for any other purpose and that the use of a land in any reserved area shall be confined only for the purpose for which the area is reserved or that the land may be used for any other purpose subject to such restrictions, limitations and conditions as are specified in that notification.

(b) The notification shall contain also such general information as to the situation and limits of the areas proposed to be reserved for different purposes specified in sub-section (1) and the restrictions, limitations and conditions, if any, proposed to be imposed in regard to the use of land in each such reserved area.

(4) Any person aggrieved by the issue of a notification under sub-section (1) may appeal to the Government whose decision shall be final.

27 Section 340 - Penalty for unlawful building If the construction or reconstruction of any building or well--

(a) is commenced without the permission of the Commissioner, or

(b) is carried on or completed otherwise than in accordance with the particulars on which such permission was based, or

(c) is carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or made, or

if any alterations or additions required by any notice issued under Section 217 or Section 228 are not duly made, or if any person to whom a direction is given under Section 228 to alter or demolish a building or well fails to obey such direction, the owner of the building or well or the said person, as the case may be, shall be liable on conviction to a fine which may extend in the case of a building to five hundred rupees subject to a minimum of fifty rupees and in the case of a well or hut to fifty rupees, subject to a minimum of ten rupees and to a further fine which may


95

extend in the case of a building to one hundred rupees subject to a minimum of ten rupees and in the case of a well or hut to ten rupees subject to a minimum of two rupees, for each day during which the offence is proved to have continued after the first day.

28 Section 340 (1)

- Penalty for unlawful building: Notwithstanding anything contained in the Act, any person who, whether at his own instance or at the instance of any other person or anybody including a department of the Government, undertakes or carries out construction or development of any land in contravention of the statutory master plan or without permission, approval or sanction or in contravention of any condition subject to which such permission, approval or sanction has been granted shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten percent of the value of land or building including land in question as fixed by the Registration Department at the time of using the land or building. Provided that the fine imposed shall, in no case be less than fifty percent of the said amount.

29 Section 342 - Wrongful restraint of Municipal Authority of officer or his delegates from entering into land and building

Every person, who prevents the municipal authority or officer or any person to whom the said authority or officer has lawfully delegated its or his powers of entering into or on any land or building, from exercising its or his lawful power of entering thereinto or thereon shall be deemed to have committed an offence under Section 341 of the Indian Penal Code

30 Section 344 - General Provisions regarding licenses and permission (sub- section (6) Revocation of licenses or permissions). (1) Every licence and permission granted under this Act or any rule or bye-law made under this Act shall specify the period if any for which, and the restrictions, limitations and conditions subject to which, the same is granted, and shall be signed by the Commissioner.

(2) Save as otherwise expressly provided in or prescribed under this Act, for every such licence or permission, fees be charged on such units and at such rates as may be fixed by the council.


96

(3) The council may--

(a) place the collection of such fees under the management of such persons as may appear to it proper;

(b) farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.

(4) Every order of a municipal authority granting or refusing a licence or permission shall be communicated to the person concerned.

(5) Every order of a municipal authority refusing, suspending, cancelling or modifying, a licence or permission shall be in writing and shall state the grounds on which it proceeds.

(6) Subject to the special provisions in Chapters IV and VI of Part V regarding buildings and private markets and subject to such sanction as may by required for the refusal of a licence or permission, any licence or permission, granted under this Act or any rule or bye-law made under it, may at any time be suspended or revoked by the Commissioner in consultation with the person or authority granting the licence or permission if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-law or regulation made under it in any matter to which such license or permission relates, or if the grantee has obtained the same by misrepresentation or fraud;

Provided that the grantee shall be given an opportunity to show cause against such suspension or revocation.

(7) It shall be the duty of the Commissioner to inspect places in respect of which a license or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise, if it is open to the public or any industry is being carried on in it at the time; and if he has reason to believe that anything is being done in any place without a license or permission where the same is required by or under this Act or otherwise than in conformity with the same, he may at any time by day or night, without notice, enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-


97

laws or regulations, any condition of a license or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the Commissioner or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting any entrance under this sub-section. (8) when any license or permission is suspended or revoked or when the period for which it was granted or within which application for renewal should be made, has expired, whichever expires later, the grantee shall, for all purposes of this Act or any rule or bye-law made under this Act, be deemed to be without a license or permission until the order suspending or revoking the license or permission is cancelled or, subject to sub-section (13), until the license or permission is renewed as the case may be.

(9) Every grantee of any licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same at the request of the Commissioner or any person authorised by him in this behalf.

(10) Whenever any person is convicted of an offence in respect of the failure to obtain a license or permission or to make a registration required by the provisions of this Act or any rule or bye-law made under this Act, the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the council amount of the fee chargeable for the license or permission or for registration, and may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix as the costs of the prosecution.

(11) Save as otherwise expressly provided in or prescribed under this Act, every application for a license or permission or for registration or the renewal of a license or permission or registration, shall be made not less than thirty days and not more than ninety days before the commencement of the year or of such less period as is mentioned in the application.

(12) Such recovery of the fee under sub-section (10) shall not entitle the person convicted to a license or permission or to registration as aforesaid.

(13) The acceptance by council of the pre-payment of the fee


98

for a licence or permission or for registration shall not entitle the person making such pre-payment to the licence or permission or to registration as the case may be, but only to refund of the fee, in the case of refusal of the licence or permission or registration; but an applicant for the renewal of a licence or permission or registration shall, until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed; and save as otherwise specially provided in this Act, if orders on an application for or renewal of licence or permission, or registration are not communicated to the applicant within ninety days in the case of the grant of a licence, permission or registration and thirty days in the case of the renewal of a licence, permission or registration, after the receipt of the application by the Commissioner the application shall be deemed to have been allowed for the year or for such shorter period as is mentioned in the application subject to the conditions imposed by or under this Act. Appeals

31 Section 353 - Method of serving documents/notice. (1) When any notice, or other documents is required by this Act or by any rule, bye-law, regulation or order made under it, is to be served on or sent to any person, the service or sending thereof may be effected--

(a) by giving or tendering the said document to such person; or

(b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or

(c) if such person does not reside in the municipality and his address elsewhere is known to the Commissioner by sending the same to him by post registered; or

(d) if none of the means aforesaid be available, by fixing the same in some conspicuous part of such place of abode or business.

(2) Where the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice or document, and in the case of joint owners and occupiers it shall be sufficient to serve it on, or


99

send it to , one of such owners or occupiers.

(3) Whenever in any bill, notice, form or other document, served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided, such period shall save as otherwise provided in this Act, be calculated from the date of such service or sending. Relations of occupier to owner.

32 Section 357 - Power to entry to inspect, survey or execute the work The Chairperson or Commissioner or any person authorised by him in this behalf may enter into or on any building or land with or without assistants or workmen in order to make any enquiry, inspection, test, examination, survey, measurement, or valuation or for the purpose of lawfully placing or removing pipes or meters, or to execute any other work which is authorised by the provisions of this Act or of any rule, bye-law, regulation or order made under it, or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute:

Provided that--

(a) except when it is in this Act otherwise expressly provided, no such entry shall be made after sunset and before sunrise;

(b) except when it is in this Act otherwise expressly provided, no dwelling house, and no part of a public building, used as a dwelling place, shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least two hours' previous notice of the intention to make such entry; and

(c) sufficient notice shall be given in every case even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove to some part of the premises where their privacy may be preserved;

(d) due regard shall be had, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usages of the occupants of the premises.

33 Section 359 to 360

- Power to enforce licensing provisions If, under this Act or any rule, bye-law or regulation made under it, the license or permission of the council Chairperson, Commissioner or other officer of the


100

municipality or registration in the municipal office is necessary for the doing of any act, and if such act is done without such license or permission or registration, or in a manner not consistent with the terms of any such license or permission, then--

(a) the Chairperson, Commissioner or other officer may, by notice, require the person so doing such act to alter, remove or, as far as practicable, restore to its original state the whole or any part of any property moveable or immovable, public or private affected thereby, within a time to be specified in the notice; and further.

(b) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be liable, on conviction before a magistrate, to a fine not exceeding fifty rupees for every such offence.

34 Section 373 - Indemnity to the Municipal Authority, Officer or Employee No suit shall be maintainable against the Government, the District Collector, the Revenue Divisional Officer or any Chairperson, Municipal Authority, officer or employee or any person acting under the direction of any Chairperson, municipal authority, officer or employee, or of a magistrate, in respect of anything done in good faith under this Act or any rule, bye-law, regulation or order made under it.

35 Section 378 - Duties of police Officers (1) It shall be the duty of every police officer

(a) to communicate without delay to the proper municipal officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made under it, and

(b) to assist the Chairperson, the Commissioner or any municipal officer or employee reasonably demanding his aid for the lawful exercise of any power vesting in the Chairperson or the Commissioner or in such municipal officer or employee under this Act, or any such rule, bye-law or regulation.

(2) Any police officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under the law governing the police force for the time being in force.


11

AP Capital Region Development Authority Act, 2014 (APCRDA Act, 2014)

S.No Section No - Rules 1 Section 2 - Definitions 2 Section 3 &

4 - Declaration, Constitution of Capital Region and Capital City Area

3 Section 6 & 8

- Executive Committee & Appointment of Committee

4 Section 10, 10(a),(b), (c), (d)

- Functions of the Authority, Planning ,Development and Regulation, Capital City Area

5 Section 11, 12

- Powers of the Authority, Executive Committee, Commissioner

6 Section 16 - Powers of the Government in relation to Authority 7 Section 17,

18 - Powers of delegation, rules, regulations/standing orders

8 Section 22 - Appointment of staff 9 Section 25 - Development Fund and Revolving fund 10 Section 26 - Powers of Taxation 11 Section 27 - Selling Powers 12 Section 31

& 32 - Annual Plan and report, Power of Investment

13 Section 36, 37

- Constitution, Powers Functions of Unified Transport Authority

14 Section 38 - Preparation of Development Plan for the Capital Region 15 Section 39 - Process of Approval Plans 16 Section 40 - Powers to Undertake Preparation of Area Development Plans 17 Section 41 - Modifications to the sanctioned development plans 18 Section 42 - Enforcement of the Plans 19 Section 43,

44, 45, 46, 47, 48

- Development Scheme, Provisions, Content, Infrastructure & Amenities, Cost, Reconstitution of Plots,

20 Section 49 - Restrictions on the use and Development of Land After Publication of Draft Scheme

21 Section 50 - Disputed Ownership 22 Section 51 - Registration not Required 23 Section 52,

53 - Land Pooling Scheme, Reservation and Allotment

24 Section 54, 55

- Role of Developer Entity, Declaration of Intention

25 Section 56, - Draft & Final Notification of Land Pooling Scheme


12

57

26 Section 58, 59

- Implementation & Completion of Final Land Pooling Scheme

27 Section 60 - Infrastructure Maintenance 28 Section 61,

62 - Town Planning Scheme, Declaration of intension

29 Section 63 - Making and Publication of Draft Town Planning Scheme 30 Section 65 - Powers of Government to sanction draft Town Planning Scheme 31 Section 66 - Vesting of Land in the Authority 32 Section 67,

68 - Appointment, Duties of Planning Officer

33 Section 69 - Contents of Preliminary and Final Scheme 34 Section 70 - Certain Decisions of Planning Officer to be Final 35 Section 71,

72 - Appeal & Constitution of Board of Appeal

36 Section 78 - Remuneration of Assessors and Payment of Incidental Expenses of Board to be Added to Cost of Scheme

37 Section 81 - Submission of Preliminary Scheme and Final Scheme to the Government

38 Section 82 - Powers of the Government to sanction or refuse to sanction the Scheme and effect of Sanction

39 Section 83 - Withdrawal of Scheme 40 Section 84 - Effect of Preliminary Scheme 41 Section 86 - Power to Enforce the Scheme 42 Section 95 - Cost of Town Planning Scheme 43 Section 97 - Contribution toward costs of Scheme 44 Section 99 - Transfer of Right from Original to Reconstituted plot or Extinction

of Such Right 45 Section 100 - Compensation in respect of Property of Right Injuriously Affected

by Scheme 46 Section 101 - Exclusion of Compensation in cases 47 Section 103 - Provision for Case in which Value of Development Plots is less than

Amount Payable by Owners 48 Section 106 - Power of Authority to make Agreement 49 Section 107 - Recovery of Arrears 50 Section 108 - Development Permission Mandatory 51 Section 109 - Use and Development of Land and Buildings to be in Conformity

with Plans of the Authority 52 Section 110 - Application for Development Permission 53 Section 111 - Lapse of Development Permission 54 Section 112 - Deviations during Development 55 Section 113 - Revoking of Development Permission


13

56 Section 114 - Penalty for Unauthorized Development or for use otherwise than in conformity with Sanctioned Plans

57 Section 115 - Power to Require Removal of Unauthorized Development 58 Section 116 - Power to Stop Unauthorized Development 59 Section 118 - Constitution of Building Tribunal 60 Section 119 - Levy of development Charges 61 Section 120 - Assessment and Recovery of Development Charges 62 Section 121 - Levy of User Charges 63 Section 122 - To Levy Specific Cess for Capital Infrastructure Projects 64 Section 123 - To Levy Betterment Charge or Impact Fee etc., to Capture Value 65 Section 124 - Acquisition of Property by the Authority 66 Section 126 - Power to Acquire Land under Act No.30 of 2013 67 Section 127 - Creation and Management of Land Development Bank 68 Section 128 - Transfer or Government Land to the Authority 69 Section 129 - Acquisition of Land by Transferable development Rights 70 Section 130 - Disposal of Land and other property by the Authority 71 Section 134 - Powers and Duties of Police Officers 72 Section 137 - Notices, etc to fix reasonable time 73 Section 142 - Fines to be Paid to Authority 74 Section 144 - Exemption 75 Section 148 - Periphery Area of the Capital region 76 Section 149 - Dissolution of the Authority Government 77 Section 150 - Confidentiality and Intellectual Property Rights 78 Section 151 - Delegation of Powers by Government

AP Metropolitan Region and Urban Development Act, 2016 (APMR&UDA Act, 2016)

To provide for the establishment of the Urban and Metropolitan Region Development Authority for the purposes of planning, coordination, execution, supervision, financing, funding and for promoting and securing the planned and sustainable development of the development area and for matters ancillary thereto.

S.N o

Section No - Rules

1 Section 2 - Definitions 2 Section 3 - Declaration of Development Area 3 Section 4 Constitution of Development Authority 4 Section 5 - Powers and Functions of the Authority 5 Section 8 - Appointment of Officers and Staff under APMR&UDA

service 6 Section 9 & 10 - Constitution & Powers of Unified Transport Authority


14

7 Section 11,12,13

- Preparation and Content of Development Plan & submission of Plan to Government for sanction.

8 Section 14 - Power for preparation of Area Development Plan, Action Plan, ZDP

9 Section 15, 16 - Modification & Enforcement of Sanctioned Plan 10 Section 17, 18,

19,20, 21, 22,23, 24

- Preparation, Provision, Contents, Infrastructure & Amenities, Cost, Reconstitution of Plot requirement, Dispute, Draft publication of the Development Schemes

11 Section 26, 27,28,29

- Definition, reservation, allotment of land under Land Pooling Scheme, Role of Developer entity, declaration, suggestion and Objections to the notification of intention.

12 Section 30,31,32,33

- Preparation and Notification, publication, implementation, completion of Draft land pooling scheme

13 Section 35, 36, 37,38

- Town Planning Scheme – Definition, Declaration, Publication, Objection

14 Section 39,40 - Power of Government to sanction draft Town Planning Scheme, vesting of land with authority

15 Section 41, 42, 44, 47

- Appointment, Duties and Decision of Planning Officer

16 Section 45, 46, 48, 49, 50

- Appeal, Constitution of Board of Appeal, placing of Board, Decision, Powers, Remuneration,

17 Section 56,57 - Powers of Government to sanction or refuse to sanction the scheme and effect of sanction, withdrawal of scheme

18 Section 60 - Power to enforce scheme 19 Section 64 - Amendment of regulation 20 Section 65 - Compensation of scheme 21 Section 68 - Powers of civil courts in respect of certain matters 22 Section 69 - Cost of Town Planning Scheme (TPS), Contribution

towards Costs 23 Section 73 - Transfer of rights from original plot to final plot 24 Section 74 - Compensation in respect of property injuriously

affected. 25 Section 82,84 - Development Permission (DP), Application method for

DP 26 Section 86 - Deviations during development 27 Section 87, 88 - Revoking and Penalty for unauthorized development 28 Section 89 - Power for removal of unauthorized constructions 29 Section 90 - Power to stop unauthorized constructions 30 Section 92 - Constitution of Building Tribunal 31 Section 93, 95, - Acquition, Power of Acquition, Creation and


15

The

cons tituti

on (sev enty

- fourt

h ame ndm ent) Act, 1992

In many States local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged super sessions and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government. Having regard to these inadequacies, it is considered necessary that provisions relating to Urban Local Bodies are incorporated in the Constitution particularly for- Putting on a firmer footing the relationship between the State Government and the Urban Local Bodies with respect to-

a. The functions and taxation powers; and b. Arrangements for revenue sharing; c. Ensuring regular conduct of elections; d. Ensuring timely elections in the case of supersession; and e. Providing adequate representation for the weaker sections like Scheduled Castes,

96,97 management of land bank, Transfer of Government land to authority

32 Section 98,99 - Acquition of land through Transferable Development Rights (TDR), Disposal of land to the authority

33 Section 100, 101

- Levy, Assessment & Recovery of Development charges

34 Section 102, 103

- Levy of user charges, levy specific cess for capital infrastructure projects

35 Section 104, 105

- Levy betterment charge or impact fee to capture value, recovery of arrears.

36 Section 106, 107

- Development fund and its applications

37 Section 108 - Budget 38 Section 109 - Annual Plan and Report 39 Section 112 - Power of entry and power to demarcate and survey 40 Section 116,

117 - Power to make rules and regulations

41 Section 118: - Power of Government to issue directions

42 Section 127 - Powers and Duties of Police officers 43 Section 128,

129, 130 - Fines to be paid to the authority, compounding

offences, exemptions 44 Section 131 - Confidentiality and Intellectual Property Rights

45 Section 139, 140

- Dissolution of the authority by the Government


16

Scheduled Tribes and women. Accordingly, it is proposed to add a new part relating to the Urban Local Bodies in the Constitution to provide for-

Constitution of three types of Municipalities:

i. Nagar Panchayats for areas in transition from a rural area tourban area; ii. Municipal Councils for smaller urban areas; iii. Municipal Corporations for larger urban areas. The broad criteria for specifying the said

areas is being provided in the proposed article 243-0; C omposition of Municipalities, which will be decided by the Legislature of a State, having the following features:

a. persons to be chosen by direct election; b. representation of Chairpersons of Committees, if any, at ward or other levels in the

Municipalities; c. representation of persons having special knowledge or experience of Municipal

Administration in Municipalities (without voting rights); i. Election of Chairpersons of a Municipality in the manner specified in the State

law; ii. Constitution of Committees at ward level or other level or levels within the

territorial area of a Municipality as may be provided in the State law; iii. Reservation of seats in every Municipality- iv. for Scheduled Castes and Scheduled Tribes in proportion to their population of

which not less than one-third shall be for women; v. for women which shall not less than one-third of the total number of seats; vi. in favour of backward class of citizens if so provided by the Legislature of the

State; vii. for Scheduled Castes, Scheduled Tribes and women in the office of Chairpersons

as may be specified in the State law; viii. Fixed tenure of 5 years for the Municipality and re-election within six months of

end of tenure. If a Municipality is dissolved before expiration of its duration, elections to be held within a period of six months of its dissolution;

ix. Devolution by the State Legislature of powers and responsibilities upon the Municipalities with respect to preparation of plans for economic development and social justice, and for the implementation of development schemes as may be required to enable them to function as institutions of self-government;

x. Levy of taxes and duties by Municipalities, assigning of such taxes and duties to Municipalities by State Governments and for making grants-in-aid by the State to the Municipalities as may be provided in the State law;

xi. a Finance Commission to review the finances of the Municipalities and to


17

recommend principles for- a. determining the taxes which may be assigned to the Municipalities; b. Sharing of taxes between the State and Municipalities; c. grants-in-aid to the Municipalities from the Consolidated Fund of the

State; 1) Audit of accounts of the Municipal Corporations by the Comptroller and Auditor-

General of India and laying of reports before the Legislature of the State and the Municipal Corporation concerned;

2) Making of law by a State Legislature with respect to elections to the Municipalities to be conducted under the superintendence, direction and control of the chief electoral officer of the State;

3) Application of the provisions of the Bill to any Union territory or part thereof with such modifications as may be specified by the President;

4) Exempting Scheduled areas referred to in clause (1), and tribal areas referred to in clause (2), of article 244, from the application of the provisions of the Bill. Extension of provisions of the Bill to such areas may be done by Parliament by law;

5) Disqualifications for membership of a Municipality; 6) Bar of jurisdiction of Courts in matters relating to elections to the Municipalities. 7) Under the provisions of this Act, the Legislature of a State may, by law, provide- 8) For the representation in a Municipality of- 9) Persons having special knowledge or experience in Municipal administration; 10) The members of the House of the People and the members of the Legislative Assembly

of the State representing constituencies which comprise wholly or partly the Municipal area;

11) The members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;

12) The Chairpersons of the Committees constituted under clause (5) of article 243S: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;

13) The manner of election of the Chairperson of a Municipality. 243S. Constitution and composition of Wards Committees, etc

1. There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more.

2. The Legislature of a State may, by law, make provision with respect to- a. The composition and the territorial area of a Wards Committee; b. The manner in which the seats in a Wards Committee shall be filled.


18

3. A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.

4. Where a Wards Committee consists of- a. One ward, the member representing that ward in the Municipality; or b. Two or more wards, one of the members representing such wards in the

Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee.

5. Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.

243W. Powers, authority and responsibilities of Municipalities, etc

Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow- 1. The Municipalities with such powers and authority as may be necessary to enable

them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to- a. the preparation of plans for economic development and socialjustice; b. the performance of functions and the implementation of schemes as may be

entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

2. The Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

243X. Power to impose taxes by, and Funds of, the Municipalities

The Legislature of a State may, by law,- 1. Authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and

fees in accordance with such procedure and subject to such limits; 2. Assign to a Municipality such taxes, duties, tolls and fees levied and collected by the

State Government for such purposes and subject to such conditions and limits; 3. Provide for making such grants-in-aid to the Municipalities from the Consolidated

Fund of the State; and 4. Provide for constitution of such Funds for crediting all moneys received, respectively,

by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom. as may be specified in the law.

243Y. Finance Commission


19

1. The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to- a. The principles which should govern-

i. The distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;

ii. The determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;

iii. The grants-in-aid to the Municipalities from the Consolidated Fund of the State;

b. The measures needed to improve the financial position of the Municipalities; c. Any other matter referred to the Finance Commission by the Governor in the

interests of sound finance of the Municipalities. 2. The Governor shall cause every recommendation made by the Commission under this

article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.

243ZD. Committee for District Planning

1. There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.

2. The Legislature of a State may, by law, make provision with respect to- a. the composition of the District Planning Committees; b. the manner in which the seats in such Committees shall be filled:

3. Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;

a. The functions relating to district planning which may be assigned to such Committees;

b. The manner in which the Chairpersons of such Committees shall be chosen. 4. Every District Planning Committee shall, in preparing the draft development plan,

have regard to-


110

a. matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

b. the extent and type of available resources whether financial or otherwise; c. Consult such institutions and organisations as the Governor may, by order,

specify. 5. The Chairperson of every District Planning Committee shall forward the development

plan, as recommended by such Committee, to the Government of the State.

243ZE. Committee for Metropolitan Planning

1. There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.

2. The Legislature of a State may, by law, make provision with respect to- a. The composition of the Metropolitan Planning Committees; b. The manner in which the seats in such Committees shall be filled: c. Provided that not less than two-thirds of the members of such Committee shall

be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;

d. The representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;

e. the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;

f. The manner in which the Chairpersons of such Committees shall be chosen. 3. Every Metropolitan Planning Committee shall, in preparing the draft development

plan,-have regard to- i. The plans prepared by the Municipalities and the Panchayats in the

Metropolitan area; ii. Matters of common interest between the Municipalities and the Panchayats,

including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

iii. the overall objectives and priorities set by the Government of India and the Government of the State;


111

iv. the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;

v. consult such institutions and organizations as the Governor may, by order, specify.

4. The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

243ZF. Continuance of existing laws and Municipalities

Not withstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of THE CONSTITUTION (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.

243ZG. Bar to interference by courts in electoral matters

Notwithstanding anything in this Constitution,- 1. the validity of any law relating to the delimitation of constituencies or the allotment of

seats to such constituencies, made or purporting to be made under article 243ZA shall not be called in question in any court;

2. no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.'.

3. Amendment of article 280.- In clause (3) of article 280 of the Constitution, sub-clause (c) shall be relettered as sub-clause (d) and before sub-clause (d) as so relettered, the following sub-clause shall be inserted, namely:-

4. The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;".

5. Addition of Twelfth Schedule.-After the Eleventh Schedule to the Constitution, the following Schedule shall be added, namely:-


112

“ TWELFTH SCHEDULE”

( Article 243W)

1. Urban planning including town planning. 2. Regulation of land-use and construction of buildings. 3. Planning for economic and social development. 4. Roads and bridges. 5. Water supply for domestic, industrial and commercial purposes. 6. Public health, sanitation conservancy and solid waste management. 7. Fire services. 8. Urban forestry, protection of the environment and promotion of ecological aspects. 9. Safeguarding the interests of weaker sections of society, including the handicapped and

mentally retarded. 10. Slum improvement and upgradation. 11. Urban poverty alleviation. 12. Provision of urban amenities and facilities such as parks, gardens, playgrounds. 13. Promotion of cultural, educational and aesthetic aspects. 14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums. 15. Cattle pounds; prevention of cruelty to animals. 16. Vital statistics including registration of births and deaths. 17. Public amenities including street lighting, parking lots, bus stops and public

conveniences. 18. Regulation of slaughter houses and tanneries.

Andhra pradesh cinemas (regulation) act, 1955

Section Description 1 Short title, extent and commencement 2 Definitions 3 Cinematograph exhibitions to be licensed 4 Licensing authority 5 Restrictions of powers of licensing authority 6 Special provisions for buildings constructed or reconstructed solely for

cinematograph exhibitions 7 Appeal 8 Power of Government or District Collector to suspend exhibition of films in

certain cases 9 Penalties 9A Penalty for black-marketing in the sale of tickets for admission to

cinematograph exhibition 10 Power to revoke * [ or suspend] license 11 Power to make rules


113

12 Power to exempt

13 Repeal

Statutory requirement to comply with fire protection & safety measures in residential buildings

Andhra pradesh fire service act, 1999

a. Section (13):

"Any person proposing to construct a building of more than 15 Meters height for Commercial/ Business purpose, 18 Meters and above height for Residential purpose, and buildings of public congregation like schools, cinema halls, function halls, religious places, which are more than 500 Sq. Meters in plot area or 6 Meters and above in height shall apply to the Director General or any member of the service duly authorized by him in this behalf, before submission of such building plans to the authority or officer competent to approve the same under the relevant law, for the time being in force, for a no objection certificate along with such fee as may be prescribed".

b. Section 13 (2):

The Director General or any member of the service duly authorized by him in this behalf, shall within sixty-days of receipt of such application, on being satisfied about the provision of fire prevention and safety measure as stipulated in the National Building Code of India, or any other law for the time being in force regulating such purpose or activity, shall issue a no objection certificate with such conditions may be considered necessary and if not so satisfied, reject the same for reasons to be recorded in writing.

General fire safety measures suggested

The following general Fire Safety measures are suggested to ensure the Fire & Life safety of the inmates.

i. Stilt Floor and Basement shall be used for exclusively for parking purpose and no other construction and activity shall be permitted.

ii. Under no circumstances conversion of Residential Buildings for other purposes i.e., Shops, Storages, etc., shall be permitted.

iii. Certification of Electrical Wiring & Installations by qualified Electrical Engineer once in every 5 years.

iv. Preparation of Fire Safety Plan as per Annexure 'E', Part 4 of NBC of India.


114

v. Training of all the Security staff/Watchman/Employees in First Aid Fire Fighting at A. P. Fire Services and Home Guards Training Institute, Vattinagulapally, Ranga Reddy District.

vi. Provision of Ventilation at every landing of the Staircase in all Floors.

vii. Keeping .the Corridors and Staircases free of obstructions.

viii. Periodical checking of LPG Stoves/Pipes/Cylinders by the authorized Mechanic of Gas distributor.

ix. Keeping the Terrace door unlocked.

x. Good Housekeeping should be ensured.

Institutional occupancy: hospital / nursing homes

M inimum requirements for fire fighting Installations for Hospital (Table 23 - part – 4 N.B.C of I ndia 2005)

I. Below 15 Meters of Height and Plot area up to 1,000 Sq. Meters A) Hospital up to Ground + One stories with Beds. Sl. No Particulars of fire fighting installations Required 1. Fire Extinguishers

(ABC Powder 5 KG capacity 2.Nos for every 600 Sq.Meter built up area with minimum 4.Nos per floor.)

Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Down Comer (1.Nos for ever 1000 Sq.Meter built up area) Required 4. Automatic Sprinkler System in basement Required 5. Manually operated electrical alarm system Required 6. Terrace Tank 5,000 Liters(10000 liters if there is basement) Required 7. One Booster pump of 450m LPM(900 Lpm if there is basement) Required 8. Fire Doors for lift and staircase lobbies in cellar and also at

appropriate Places in the escape route. Required

9 Smoke Barriers /vents Required 10 Location of Transformer to be indicated in plan and fire protection to

be provided Required

11 MCB Circuit breakers and Electrical Safety Required 12 Emergency Lighting with 2 Hours Battery Backup & Auto Glow exit

signs Required

13 The staff shall be trained in evacuation/ handling Fire Equipment Required


115

14 Provision of openable windows in staircase landing Required B) Hospital up to Ground + 2 or more stories More Floors with Beds. 1. Fire Extinguishers.(ABC Powder 5 KG capacity 2.Nos for every 600

Sq.Meter built up area with minimum 4.Nos per floor.) Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet Riser (1.Nos for ever 1000 Sq.Meter built up area) Required 4. Automatic Sprinkler System in basement. Required 5. Manually operated electrical alarm system. Required 6. Automatic Detection Alarm System. Required 7. Under Ground water tank 50,000 Liters Required 8. Terrace Tank 5,000 Liters (10,00 if there is basement ) Required 9. F ire Pumps:

1) One Electrical 1620 LPM One Diesel 1620 LPM 2) Jockey 180 LPM

Required

10 Smoke Barriers /vents Required 11 Location of Transformer to be indicated and fire protection to be

provided Required

12 MCB Circuit breakers and Electrical Safety Required 13 Emergency Lighting with 2 Hours Battery Backup &Auto Glow exit

sings Required

14 The staff shall be trained in evacuation/ handling Fire Equipment Required 15 Provision of openable windows in staircase landing Required

II) Less than 15 Meters in height and plot area More than 1,000 Sq. Meters. 1. Fire Extinguishers


Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet Riser (1.Nos for ever 1000 Sq.Meter built up area) Required 4. Yard Hydrant System Required 5. Automatic Sprinkler System in Basement Required 6. Automatic detection & alarm system Required 7. Manually operated electrical alarm system Required 8. Under Ground water Tank 1,00,000 Liters. Required 9. Terrace Tank 10,000 Liters Required 10. Fire Pumps at ground Level Water Tank

One Electrical 1620 Lpm One Diesel Pump 1620 Lpm Required


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One Jockey Pump 180 Lpm

11. Fire Doors for lift and staircase lobbies in cellar and also at appropriate Places in the escape route.

Required

12. Compartamation (Any Area Exceeding 500M2 shall be divided in to compartments by Fire Resistant walls)

Required

13. Smoke Barriers/ Vents. Required 14. Location of Transformer to be indicated in plan and fire protection to

be provided Required

15. Location of Diesel Generator Required 16. MCB Circuit breakers and Electrical Safety Required 17. Emergency Lighting with 2 Hours Battery Backup & Auto Glow Ext

Signs Required

18. The staff shall be trained in evacuation/ handling Fire Equipment Required 19. Provision of openable windows in staircase landing Required * Provision of evacuation chairs / Aluminum ladder 35 Fetes. Required * Mist-Equipment (9 Liters Mist Extinguishers Minimum 2.Nos) Required

(* Mark indicates additional equipment advised in view of High Fire Hazard)

M ERCANTILE BUILDING (NON-MSB)

[ Shops, Stores, Markets for display and sale of Merchandise either Wholesale or Retail]

M inimum requirements for fire fighting installations for Mercantile (Table 23 part – 4N.B.C of I ndia 2005)

I. Below 15 Meters of Height and Plot area up to 500 Sq. Meters A) Mercantile up to Ground + First Floor covered area not exceeding 500 Sq. Meters Sl. No Particulars of fire fighting installations Required 1. Fire Extinguishers

(ABC Powder 5 KG capacity 2.Nos for every 600 Sq. Meter built up area with minimum 4.Nos per floor.)

Required

2. Hose Reel (1.Nos for ever 1000 Sq. Meter built up area) Required 3. Down Comer (1.Nos for every 1000 Sq. Meter built up area.) Required 4. Automatic Sprinkler System in basement if basement area exceed 200 Sq.

Meters Required

5. Terrace Tank5000lit( 10,000 Liters if basement is provided) Required 6. One Booster pump of 450m LPM (900 LPM if basement is provided) Required 7. Fire Doors for lift and staircase lobbies in cellar and also at appropriate Required


117

Places in the escape route.

8. Smoke Barriers /vents Required 9 Location of Transformer to be indicated in plan and fire protection to be

provided Required

10 MCB Circuit breakers and Electrical Safety Required 11 Emergency Lighting with 2 Hours Battery Backup & Auto Glow Exit Signs. Required 12 The staff shall be trained in evacuation/ handling Fire Equipment Required 13 Provision of openable windows in staircase landing Required B) Mercantile Ground + 1 Storey and covered area exceeding 500 Sq. Meters. 1. Fire Extinguishers. (ABC Powder 5 KG capacity 2.Nos for every 600 Sq.

Meter built up area with minimum 4.Nos per floor.) Required

2. Hose Reel. (1.Nos for ever 1000 Sq. Meter built up area) Required 3. Down Comer (1.Nos for ever 1000 Sq. Meter built up area). Required 4. Automatic Sprinkler System in basement if basement area exceed 200 Sq.

Meters Required

5. Manually operated electrical alarm system. Required 6. One Booster pump of 900m LPM Required 7. Terrace Tank 5,000 Liters (10,000 if the Basement exceeds 200 Sq.

Meters) Required


Required

9. Smoke Barriers /vents Required 10 Location of Transformer to be indicated in plan and fire protection to be

provided Required

11 MCB Circuit breakers and Electrical Safety Required 12 Emergency Lighting with 2 Hours Backup& Autoglow Exit signs Required 13 The staff shall be trained in evacuation/ handling Fire Equipment Required 14 Provision of openable windows in staircase landing Required II) Below 15 Meters and More than Ground Plus One Storey

1. Fire Extinguishers (ABC Powder 5 KG capacity 2.Nos for every 600 Sq.Meter built up area with minimum 4.Nos per floor.)

Required

2. Hose Reel (1.Nos for every 1000 Sq.Meter built up area) Required 3. Dry Riser (1.Nos for every 1000 Sq.Meter built up area) Required 4. Down Comer (1.Nos for every 1000 Sq.Meter built up area) Required 5. Automatic Sprinkler System in basement 200 Sq. Meters. Required 6. Manually operated electrical alarm system Required


118

7. Terrace Tank 5,000 Liters (10,000 if the basement exceed 200 Sq.Meteres)

Required

8. One Booster pump of 900m LPM Required 9. Fire Doors for lift and staircase lobbies in cellar and also at appropriate

Places in the escape route. Required

10 Smoke Barriers /vents Required 11 Location of Transformer to be indicated in plan and fire protection to be

provided Required

12 MCB Circuit breakers and Electrical Safety Required 13 Emergency Lighting with 2 Hours Battery Backup& Autoglow Exit signs Required 14 The staff shall be trained in evacuation/ handling Fire Equipment Required 15 Provision of openable windows in staircase landing Required

M inimum requirements for fire fighting installations for Office (Table 23 part – 4N.B.C Of India 2005

.I. Below 15 Metres Business(OFFICE) buildings A) Business Building less than 10 metres Height Sl. No Particulars of fire fighting installations Required 1. Fire Extinguishers(ABC Powder 5 KG capacity 2.Nos for every 600


2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Down Comer (1.Nos for ever 1000 Sq.Meter built up area) Required 4. Automatic Sprinkler System in basement if area exceeds 200 Sq. Mtrs Required 5. Manually Operated Electrical Alarm System Required 6. Terrace Tank 10,000 Ltrs (15000 lit if basement is provided) Required 7. One Booster pump of 450m LPM (900 LPM if Basement is provided) Required 8. Fire Doors for lift and staircase lobbies in cellar and also at appropriate

Places in the escape route. Required

9. Smoke Barriers /vents Required 10. Location of Transformer to be indicated in plan and fire protection to be

provided Required

11. MCB Circuit breakers and Electrical Safety Required 12. Emergency Lighting with 2 Hours Battery Backup& Auto Glow Exit signs Required 13. Provision of openable windows in staircase landing Required

B) Business Building above 10 Metres but not exceeding 15 Metres Height


119

1. Fire Extinguishers. (ABC Powder 5 KG capacity 2.Nos for every 600 Sq.Meter built up area with minimum 4.Nos per floor.)

Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet riser (1.Nos for ever 1000 Sq.Meter built up area). Required 4. Automatic Sprinkler System in basement if area exceed 200 Sq. Meters Required 5. Manually operated electrical alarm system. Required 6. Automatic Detection and Alarm System Required 7. Underground sump of 50,000litres Required 8. Terrace Tank of 5,000 Liters (10000litres If basement area Exceed 200

Sq.Meters). Required

9. One Electrical and One Diesel pump of 2280 Lpm and one jockey pump of 180 Lpm at ground level and One Booster pump of 450 LPM (900 LPM if Basement area exceed 200. Sq.Meters) at terrace level

Required

10 Fire Doors for lift and staircase lobbies in cellar and also at appropriate Places in the escape route.

Required

11 Smoke Barriers /vents Required 12 Location of Transformer to be indicated in plan and fire protection to be

provided Required

13 MCB Circuit breakers and Electrical Safety Required 14 Emergency Lighting with 2 Hours Battery Backup& Auto Glow Exit signs Required 15 Whether the staff trained in evacuation/ handling Fire Equipment. Required 16 Provision of operable windows in staircase landing Required

Minimum requirements for fire fighting installations Lodging & Rooming (Table 23 part 4N.B.C Of India 2005.

I. Less than 15 Meters in Height and up to 15 Meters. I) Lodging & Rooming Houses Sl. No Particulars of fire fighting installations Required 1. Fire Extinguishers(ABC Powder 5 KG capacity 2.Nos for every 600


2. Automatic Sprinkler System in basement if area exceeds 200 Sq. Mtrs Required 3. Terrace Tank 5,000 Liters (If basement area exceeds 200 Sq.Meters) Required 4. Booster pump of 900m LPM (If basement area exceeds 200 Sq.Meters) Required 5. Fire Doors for lift and staircase lobbies in cellar and also at appropriate Required


120

Places in the escape route.


provided. Required

8. MCB Circuit breakers and Electrical Safety Required 9. Emergency Lighting with 2 Hours Battery Backup & Auto Glow Exit signs Required 10. Provision of openable windows in staircase landing Required

II) More than 15 and up to 30 Rooms 1. Fire Extinguishers.


Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Automatic Sprinkler System in basement (if Basement area exceed 200

Sq. Meters) Required

4. Terrace Tank of 5000 Liters ( 10,000 Liters is Basement area exceed 200 Sq.Meters)

Required

5. Booster Pump of 450 LPM (900 LPM if basement area exceeds 200 Sq.Mtrs)

Required


Required


provided Required

9. MCB Circuit breakers and Electrical Safety Required 10 Emergency Lighting with 2 Hours Backup& Auto Glow signs Required 11 Whether the staff trained in evacuation/ handling Fire Equipment. Required 12 Provision of openable windows in staircase landing Required

III) More than 30 Rooms 1. Fire Extinguishers.


Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Automatic Sprinkler System in basement (if Basement area exceed 200

Sq. Meters) Required

4. Manually Operated Electrical Fire Alarm System ( Required to be Required


121

provided for building with more than Two Strories)

5. Terrace Tank of 5000 Liters ( 10,000 Liters is Basement area exceed 200 Sq.Meters)

Required

6. Booster Pump of 450 LPM (900 LPM if Basement area exceed 200.Sq.Meters)

Required


Required


provided Required

10 MCB Circuit breakers and Electrical Safety Required 11 Emergency Lighting with 2 Hours Battery Backup& Auto Glow Exit signs Required 12 Whether the staff trained in evacuation/ handling Fire Equipment. Required 13 Provision of openable windows in staircase landing Required

M inimum requirements for fire fighting installations for Schools (Table 23 Part – 4N.B.C Of I ndia 2005

I) Ground plus One floor (Height less than 06 Mtrs) Schools & Educational Institution Sl. No Particulars of fire fighting installations Required 1. Fire Extinguishers(ABC Powder 5 KG capacity 2.Nos for every 600


2 Emergency Lighting with 2 Hours Battery Backup & Auto Glow Exit Signs. Required 3. Minimum Two Staircases shall be provided if Occupant load of First Floor

exceed 75 students. N OTE: (As per the clause 4 table 21 of part 4 NBC of India for every 50 students in a floor, 1.0 meter wide staircase is required to be provided.)

Required

II) Ground plus 2 or more stories (Height below 15 Mtrs) 1 Fire Extinguishers


Required

2 Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Minimum Two Staircases of Occupant load of First Floor exceed 75

students. Required


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N OTE: (As per the clause 4 table 21 of part 4 NBC of India for every 50 students in a floor, 1.0 meter wide staircase is required to be provided.)

4 Automatic Sprinkler System in basement (if Basement area exceed 200 Sq. Meters)

Required

5 Terrace Tank of 10,000 Liters ( 15,000 Liters is Basement area exceed 200 Sq.Meters)

Required

6 Booster Pump of 450 LPM (900 LPM if Basement area exceed 200.Sq.Meters).

Required

7. Yard Hydrant on the side not having minimum 6 Mtrs open space/Abutting Road of the built area in each floor exceeds 500 M2.

Required

M inimum requirements for fire fighting installations for Hotels (Table 23 part– 4N.B.C Of I ndia 2005.

Hotel (Less than 15 Meters Height) 1) Covered area not exceeding 300 Sq.Meters on each floor. Sl. No Particulars of fire fighting installations


Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Automatic Sprinkler System in cellar (If the Cellar area exceeds 200

Sq.Meters) Required

4. Manually Operated Electrical Alarm System. Required 5 Over Head Tank 5,000 Ltrs Required 6 Booster Pump of 450 LPM (900 LPM if Basement area exceed

200.Sq.Meters). Required

7 Location of Transformer to be indicated in plan and fire protection to be Provided

Required

8 MCB Circuit breakers and Electrical Safety Required 9 Emergency Lighting with 2 Hours Backup& Auto Glow signs Required 10 Whether the staff trained in evacuation/ handling Fire Equipment. Required 11 Provision of openable windows in staircase landing Required

2) Covered area exceeding 300 M2 nut not more than 1000 Sq.Meters on each floor 1. Fire Extinguishers Required


123


2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet riser (1.Nos for ever 1000 Sq.Meter built up area). Required 4 Automatic Sprinkler System in cellar (If the Cellar area exceeds 200 Required

Sq.Meters)

5. Manually operated Electrical Alarm System Required

6 Under Ground Sump of 10,000 Liters for every 500 Sq.Meters covered area subject to minimum 50,000 Liters for building with more than Two Stories i.e more than Ground + First Floor

Required

7 F ire Pump near underground Sump – One Jockey Pump of 180 LPM One Electrical Pump & One Diesel Pump of 1620 LPM for Building with more than two stories i.e more than Ground + First Floor.

Required

8 Overhead Tank of 10,000 Liters Required 9 Booster Pump of 900 LPM. Required 10 Location of Transformer to be indicated in plan and fire protection to be

provided Required

11 MCB Circuit breakers and Electrical Safety Required 12 Emergency Lighting with 2 Hours Backup& Auto Glow signs Required 13 Whether the staff trained in evacuation/ handling Fire Equipment. Required 14 Provision of openable windows in staircase landing Required 3) Covered area Exceeding 1000 Sq.Meters on each Floor 1. Fire Extinguishers(ABC Powder 5 KG capacity 2.Nos for every 600 Sq.Meter

built up area with minimum 4.Nos per floor.) Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet riser (1.Nos for ever 1000 Sq.Meter built up area). Required 4. Yard Hydrant System Required 5 Automatic Detection and Alarm System Required 6 Manually Operated Electrical Alarm System and Automatic Detection and Required

Alarm System

7 Under Ground Water Sump of 1,00,000 Liters (required for building with more than one stories).

Required

8 Over Head Tank of 10,000 Liters. Required 9 F ire Pump

One Jockey Pump of 180 LPM, One Electrical & One Diesel Pump of 1620 LPM (Requires for building with more than one storey).

Required


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10 Booster Pump of 900 LPM Required 11 Location of Transformer to be indicated in plan and fire protection to be

provided Required


M inimum requirements for fire fighting installations for Bar & Restaurant and Function Hall ( Table 23 part – 4N.B.C Of India 2005.

Bar & Restaurant and Function Halls (Less than 15 Meters Hiehght) 1) Less than 10 Meters in height & up to 300 Person capacity. Sl. No Particulars of fire fighting installations


Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Down Comer (1.Nos for ever 1000 Sq.Meter built up area) Required 4 Automatic Sprinkler System in cellar (If the Cellar area exceeds 200 Required

Sq.Meters)

5. Manually Operated Electrical Alarm System

6 Over Head Tank 10,000 Liters if there is no cellars area exceeds 200 Sq.Meters & 15,000 Liters if the cellar area exceeds 200 Sq.Meters.

Required

7 Booster Pump of 450 LPM if there is no cellar or cellar area is less than 200 Sq.Meters (900 LPM if Basement area exceed 200.Sq.Meters).

Required

8 Location of Transformer to be indicated in plan and fire protection to be Provided

Required

9 MCB Circuit breakers and Electrical Safety Required 10 Emergency Lighting with 2 Hours Backup& Auto Glow signs Required 11 Whether the staff trained in evacuation/ handling Fire Equipment. Required 12 Provision of openable windows in staircase landing Required 2) Less than 10 Meters and More than 300 Persons capacity. 1. Fire Extinguishers


Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required


125

3. Down Comer (1.Nos for ever 1000 Sq.Meter built up area) Required 4. Automatic Sprinkler System in cellar (If the Cellar area exceeds 200

Sq.Meters) Required

5. Manually Operated Electrical Alarm System Required 6 Over Head Tank 15,000 Liters if there is no cellar or cellar area less than

200 Sq.Meters ( 20,000 Liters if the cellar area exceeds 200 Sq.Meters.) Required

7 Booster Pump of 900 LPM at terrace level. Required 8 Location of Transformer to be indicated in plan and fire protection to be

provided Required

9 MCB Circuit breakers and Electrical Safety Required 10 Emergency Lighting with 2 Hours Backup& Auto Glow signs Required 11 Whether the staff trained in evacuation/ handling Fire Equipment. Required 12 Provision of openable windows in staircase landing Required 3) Above 10 Meters nut not exceeding 15 Meters height. 1. Fire Extinguishers


Required

2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet riser (1.Nos for ever 1000 Sq.Meter built up area). Required 4. Automatic Sprinkler System in cellar (If the Cellar area exceeds 200

Sq.Meters) Required

5 Automatic Detection and Alarm System Required 6. Manually Operated electrical Alarm System Required 7 Under Ground Water Sump of 50,000 Liters. Required 8 Terrace Tank of 5,000 Liters of there is no cellar or cellar area is less than

200 Sq.Meter and 10,000 Liters if the cellar area exceeds 200 Sq.meters. Required

9 F ire Pump One Electrical & One Diesel Pump of 2280 LPM & One Jockey Pump of 180 LPM near underground sump.&Booster pump of 450LPM(900LPM if cellar area exceeds 200 SQm)

Required

10 Location of Transformer to be indicated in plan and fire protection to be provided

Required


S TORAGE BUILDING (NON-MSB)


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[ Warehouse, Cold Storage, Freight Depots, Transit, Sheds, Storehouses, Garages etc ]

M inimum requirements for fire fighting installations for Storage Building (Table 23 part – 4 N.B.C of India 2005)

1) Below 15 Meters in height and covered area less than 250 M2. Sl. No Particulars of fire fighting installations Required 1. Fire Extinguishers (ABC Powder 5 KG capacity 2.Nos for every 600 Sq.Meter


2. Hose Reel (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Automatic Sprinkler System in basement if basement area exceed 200 Sq.

Meters Required

4. Underground Sump of 25,000 liters. Required 5. Terrace Tank of 5,000 Liters. Required 6. Fire Pumps

One Electrical and One Diesel Pump of 1620 LPM and One Jockey Pump of 180 LPM at ground level and One Booster pump of 450 LPM at terrace Level.

Required

7. Location of Transformer to be indicated in plan and fire protection to be provided

Required

8. MCB Circuit breakers and Electrical Safety Required 9 Emergency Lighting with 2 Hours Battery Backup & Auto Glow Exit Signs. Required 10 The staff shall be trained in evacuation/ handling Fire Equipment Required 11 Provision of openable windows in staircase landing Required

2) Below 15 Meters in height and covered area more than 250 M2. a) Ground Floor Only 1. Fire Extinguishers.


Required

2. Hose Reel. (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet Riser (1.Nos for ever 1000 Sq.Meter built up area). Required 4. Yard Hydrant System

5. Automatic Sprinkler System in basement (if basement area exceed 200 Sq. Meters)

Required

6. Automatic Detection and Alarm System. Required 7. Underground Sump of 50,000 Liters. Required 8. Terrace Tank 5,000 Liters (10,000 if the Basement exceeds 200 Sq. Meters) Required


127

9. Fire Pump: One Electrical and One Diesel pump of 2280 LPM and One Jockey Pump of 180 LPM at Ground level and one Booster Pump of 450 LPM at terrace level.

Required


Required

11 MCB Circuit breakers and Electrical Safety Required 12 Emergency Lighting with 2 Hours Backup& Auto glow Exit signs Required 13 The staff shall be trained in evacuation/ handling Fire Equipment Required 14 Provision of openable windows in staircase landing Required b) Ground Plus One Floor 1. Fire Extinguishers (ABC Powder 5 KG capacity 2.Nos for every 600 Sq.Meter


2. Hose Reel. (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet Riser (1.Nos for ever 1000 Sq.Meter built up area). Required 4. Yard Hydrant System

5. Automatic Sprinkler System in basement (if basement area exceed 200 Sq. Meters)

Required

6. Automatic Detection and Alarm System.

7. Underground Sump of 75,000 Liters.

8. Terrace Tank 5,000 Liters (10,000 if the Basement exceeds 200 Sq. Meters) Required 9. Fire Pump:

One Electrical and One Diesel pump of 2280 LPM and One Jockey Pump of 180 LPM at Ground level and one Booster Pump of 450 LPM at terrace level.

Required


Required

11 MCB Circuit breakers and Electrical Safety Required 12 Emergency Lighting with 2 Hours Battery Backup & Auto Glow Exit Signs. Required 13 The staff shall be trained in evacuation/ handling Fire Equipment Required 14 Provision of openable windows in staircase landing Required C) More than Ground plus one Floor 1. Fire Extinguishers.


Required

2. Hose Reel. (1.Nos for ever 1000 Sq.Meter built up area) Required 3. Wet Riser (1.Nos for ever 1000 Sq.Meter built up area). Required


128

4. Yard Hydrant System Required 5. Automatic Sprinkler System in basement (if basement area exceed 200 Sq.

Meters) Required

6. Automatic Detection and Alarm System. Required 7. Underground Sump of 1,00,000 Ltrs Required 8 Terrace Tank 5,000 Liters (10,000 if the Basement exceeds 200 Sq. Meters) Required 9 Fire Pump:

One Electrical and One Diesel pump of 2280 LPM and One Jockey Pump of 180 LPM at Ground level and one Booster Pump of 450 LPM at terrace level.

Required


Required

11 MCB Circuit breakers and Electrical Safety Required 12 Emergency Lighting with 2 Hours Battery Backup & Auto Glow Exit Signs. Required 13 The staff shall be trained in evacuation/ handling Fire Equipment Required 14 Provision of openable windows in staircase landing Required

Salient features of the Andhra Pradesh water, land and trees act-2002

Andhra Pradesh is known as a River State, but recurring drought and expanding demands have resulted in a very disturbing water scenario. Inefficient use of surface water in canal commands is resulting in wastage of water, water logging and soil Stalinization of productive and barren lands. Indiscriminate use of ground water on the other hand is causing water stress in non-canal commands.

The Government of AP promulgated the Andhra Pradesh Water, Land and Trees Act- 2002 to promote water conservation, Tree cover and regulate the exploitation and use of ground and surface water for protection and conservation of water sources, land and environment in the entire state. The Act came into force with effect from 19-04-2002.

APWALTA - Authority was constituted vide GO.Ms No. 240, PR & RD Dept., dated 25-06- 2002.

For effectively implementing the Act, provision was made in GOMs No. 244, PR & RD Dept., dated 26-06-2002for the constitution of subsidiary Authorities at District and Mandal levels. For effective implementation of APWALTA-2002, the government, through GOMs No. 47, PR & RD Dept., dated 03-03-2003, took some important decisions and designated the following departments as implementing agencies.


129

Department Subject

Ground Water Department water

- Registration of Rigs, Sand Mining, Classification of ground basins etc.,

MA & UD Department planting, of new buildings etc.,

- Construction of Rain-water harvesting structures, tree tree planting, permission for construction

Pollution Control Board on water

- Prohibition of water contamination, Regulation on Ceiling use in any industry or commercial unit.

Mines and Geology Dept., - Monitoring Sand Mining in Water Bodies

Forest Department - Granting permission for felling trees.

GW, Forest, Pollution Control - Officers of these departments at State,

Board,RD, MA, Mines & Geology- District and Mandal levels are designated

PR (Engg), Agriculture and - for implementing and detection of offences

APTRANSCO. - regarding violation of the Act.

Municipal Commissioners and - for registration of all existing wells and Designated Village assistants. water bodies in the Municipalities

and villages respectively MRO and Municipal Commissioner - Designated for issuing permission for digging new wells.

District Collector - Ex-officio Chairman for the District Authority

PD DPAP / DWMA - Ex-officio member Secretary for the District Authority

RDO / Sub-Collector - Ex-officio Chairman for the Divisional Authority

EE, RWS - Ex-officio Member Convener for the Divisional Authority

Mandal Revenue Officer - Ex-officio Chairman for the Mandal Authority

Assistant Executive Engineer, RWS - Ex-officio Member Secretary for the Mandal Authority


130

Fee for registering a Rig for 2 years is Rs. 1,000/- Fee for granting permission for digging a new well is Rs. 100/- Fee for felling a tree in urban residential and industrial areas is Rs. 50/- Fee for felling a tree in urban commercial areas is Rs. 100/-

In view of the indiscriminate drilling for bore wells, the ground water is fast depleting. Added to it, unscientific and reckless drilling has resulted in failure of bores leading to farmers incurring heavy losses. Keeping this in view, the government of AP have suitably amended the APWALTA Act and consequently, through GOMs No. 339, PR & RD Dept. dated 06-11-2004, comprehensive Rules-2004 are brought out for effective implementation of the Act.

The most important features of the recent amendment are the introduction of Single- Window Approach for speedy clearance of the applications for new bore wells and insuring all new bore wells to assist the farmers wherever bore wells fail.

Single-Window Approach: The farmers desiring to drill a bore well apply to the Village Secretary / MRO. The Mandal Authority (Tahsildar) takes the feasibility of electricity from the APTRANSCO and feasibility of water from the Ground Water Department. When both are feasible, the MRO accords permission for drilling of new agriculture bore/tube well.

Failed Bore well Compensation Scheme:: All farmers who obtain permission for drilling of new agriculture bore wells from the concerned WALTA authority are covered under this “Failed Bore well Compensation Scheme”. If any bore well drilled after securing necessary permission from the concerned authority is failed, the farmer will be eligible to get compensation up to Rs.10,000/-. All the cases will be settled by the Project Director of DWMA (Dist. Water Management Agency).

Government has notified 4190 villages under APWALTA, banning further exploitation of ground water According to the Act, the following are some of he important measures for protecting of ground and surface water and tree cover.

All the existing wells must be registered with the Village Assistant on free of cost.

The Urban and Local Bodies shall monitor the construction of water harvesting structures in all existing and new residential, commercial, public and open areas.

Every Rig Owner, who desires to operate in the state, should register the Rig with the Authority by paying Rs. 1,000/- for every two years.

The Authority may take-over any well for drinking water to local people whenever water scarcity arises.


131

The Authority may prohibit / issue orders for shifting / closure of any industry on

consumption of water or discharging effluents.

No brick manufacturing should take place in areas where soil is prone to erosion and depletion.

Sand Mining is prohibited in areas where it affects ground water. Sand mining is permitted in Godavari, Krishna and Penna rivers.

Every house-hold should plant trees compulsorily.

Industrial areas should plant trees as per AP Pollution Control Board.

Tree felling is prohibited, but with permission from the Designated Authority for a charge.

Tree plantation and protection in urban areas, road margins, canal banks, tank foreshores and water bodies. At least 5% tree coverage in agricultural lands.

Advise the Government on the legislative and administrative measures to be taken from time to time for the conservation of natural resources.

Advise on economic measures to be taken by the government as initiatives or disincentives relating to taxes, levies, and fees or other charges to promote conservation of natural resources.

Advise on strengthening public participation in conservation of natural resources from time to time

Penalties, Seizures and Appeals

Any violation of the provisions of the Act is to be booked as an offence.

The Designated Authority, such as MRO, may seize any instrument, machinery or any other movable property involved in committing offence. Machinery includes rigs, excavators, implements used / involved in the offence.

A fine, not less than Rs. 1,000/- but may extend to Rs. 5,000/- may be imposed for contravention of this Act. The offence can be compounded with a sum of money not less than Rs. 1, 00,000/-.

The Designated Authority which seizes machinery, serves fine or compounds the offence, reports in Form 7 to nearest magistrate and in Form 10 to the offender and District Authority.

The fee / fine so collected is deposited in the APWALTA Fund.


132

Appeals against the order of the Mandal Authority are made to the District Authority

with in 30 days of the date of the receipt of such order. Appeals against the orders of the District are made to the State Authority with in 30 days from the date of receipt of orders from the District Authority. The decision of the State Authority is final and binding.

Andhra Pradesh agricultural and (conversion for non-agricultural purposes) Act- 2006

Section Description

1 Short title, extent and commencement

2 Definitions

3 Land use Conversion

4 Power to levy and collect conversion fee

5 Authority competent to convert agricultural land for non-agricultural

purpose

6 Penalty

7 Act not to apply to certain lands

8 Appeal

9 Act to Override other Laws

10 Power to give directions

11 Bar of Jurisdiction

12 Protection of action taken in good faith

13 Power to remove difficulties

14 Power to make rules

15 Repeal of Act 14 of 1963


133

Chapter 3

Delegation of Powers


134

PROCEEDINGS OF THE DIRECTOR OF TOWN AND COUNTRY PLANNING, ANDHRA

PRADESH:: HYDERABAD * * * *

Present: Sri V.R.Satishchandra

P rocgs.Rc.No.7284/07/P3 D ate:08.08.2007

Sub:- O/o DT&CP.,A.P., Hyderabad – Delegation of powers – Revised – Orders & Instructions – Issued.

Read:- 1. T/o Lr.Rc.No.637/02/M1,Dt.1.1.2005. 2. T/o Procgs.No.637/2002/M1-1, Dt.6.12.2005.

* * * * O RDER:

In modification to the delegation of powers issued vide reference read above, the following revised delegation of powers to the District Town and Country Planning officers are issued:

I. TECHNICAL MATTERS:-

1. The District Town and Country Planning officers shall prepare Indicative Land Use

Plan for villages less than 10,000 population (except Mandal Headquarters) and submit to Head Office for approval.

2. Variation to Indicate Land Use Plan required except change of road pattern shall submit to Head Office.

3. Technical clearance of layouts up to 1.00 hectare in GramPanchayat limits only. (not covered GTP scheme)

4. Shall submit feasibility report on demarcation of draft technical layout patterns (DTLP) referred by the Regional office concerned/Head Office.

5. Technical clearance of sub-division proposals in approved layouts of Gram Panchayats.

6. Technical clearance of EWS layouts in Gram Panchayats as referred by District Authorities.

7. Technical clearance of Building permissions more than 3 floors or 9 mts. Height in an extent not exceeding 450 Sq.Mts. in Gram Pancyhayats only.

8. Technical clearance of Industrial applications upto 50 HPEM in conformity with land use as per Indicative Land Use Plan.

Further the District Town and Country Planning officers shall submit progress reports in the prescribed format I to X proformas every month to Head Office under intimation to the concerned Regional Office.

The District Town and Country Planning officers shall exclusively function for

Gram Panchayat proposals only.


135

Further the District Town and Country Planning officers shall take up the following works and submit to the Head Office through the concerned Regional Office.

I. ANNUAL INSPECTION of Gram Panchayats two per month except Mandal Headquarters.

II. PREPARATION OF INDICATIVE LAND USE PLANS of Gram Panchayats one per every three months. (a) physical survey & Data collection of existing land use plan with draft proposed

land use plan (1st month) (b) preparation of draft proposal for Indicative Land Use Plan along with report &

submission for approval ( 2nd month) (c) submission of proposed Indicate Land Use Plan along with final report along

with booklet. III. INSPECTIONS:-

(a) Surprise inspection of Gram Panchayat on T.P. activities 2 per month (b) Routine inspections 4 Gram Panchayats per month.

IV. WORK SHOPS:

Conducting of awareness programmes with Sarpanch / Panchayat Secretaries at Mandal level 1 per month relating to G.O.Ms.No.67 PR& RD, Dt.26.2.2002.

The District Town and Country Planning Officers Shall take up preparation of District Map duly showing the National highways, State Highways, Zilla Parishads & Panchayat Raj Roads, Heritage buildings etc. Environmental areas like water bodies & Reserved forest, Major industries and other important places and furnish the same to Head Office under intimation to concerned Regional Office.

The District Town and Country Planning Officers shall function in the areas covered by G.O.Ms.NO.67 P.R.&RD., Dt.26.2.2002.

Sd/-V.R.Satishchandra, Director of Town and Country Planning

To All District Town and Country Planning Officers in the state. Copy to: All Regional Deputy Directors of Town Planning. Copy to: All Officers of the department Copy to: Establishment Section. Copy to: SO./Supdt. (Accounts) Copy to: JDTP (RE/MP) Copy to: DT&CP Peshi

//t.c.f.b.o.//


136

Grams : “Stapathi” Phone: 23323176

PROCEEDINGS OF THE DIRECTOR OF TOWN AND COUNTRY PLANNING GOVT. OF ANDHRA PRADESH: HYDERABAD

* * * * PRESENT: SRI V.R.SATISH CHANDRA, B.Arch., FIIA, Dip.T & C P., AITPI

Procgs.Roc.No.11318/2007/P3 D ated: 02-11-2007

Sub: Establishment-O/o Director of Town and country Planning- Delegation of powers to Regional Officers- Certain modification – orders issued – Reg.

Ref: 1. G.O.Ms.No. 675, dt 20-12-1986.

2. This office Procgs.Roc.No. 6341/92/R1, dt. 27-11-92. 3. Govt. Memo.No. 13085/B2/2001-2 M.A.,dt 6-10-01. 4. This office Procgs.Roc.No. 8821/2001/P3, dt.27-10-2001. 5. This office Procgs.Roc.No. 8821/2001/P3, dt.20-7-2002. 6. G. O.Ms.No. 669 MA, dt.6-9-2007. 7. G.O.Ms.No. 670 MA, dt. 6-9-2007.

@@@

In the light of orders issued in reference 6th and 7th cited above the work load in head office will naturally increase. Therefore in partial modification delegation of powers to the Regional Officers issued vide reference 5th cited, in respect of buildings in the place of (A)7 the following is to be substituted.

“Technical approvals for all building plans up to 1000 Sq.Mts.of extent of site and Stilt + Ground

+ 4 Floors as per G.O.Ms.No. 422 M.A. dt. 31-07-1998 except cases where approvals of competent authority as per the Zoning Regulations is required on appeal”

This is only to speed up the process of Building Applications disposal and decentralizing the

issue of Building Applications for smooth administration in the in interest of the public. Further the Commissioner of Mpl. Corporation, under whom City Planners not below the cadre

of Deputy Director are working, are requested to accord the sanctions in the subject matter at their level as per rules issued in G.O.Ms.No. 423 MA dt. 31-7-98.

These orders will be come into force w.e.f. 01-11-2007.

Sd/-V.R.Satish Chandra,

Director of Town and Country Planning.

Copy to Joint Director (RE)/(MP) Copy to All Regional Deputy Directors of Town Planning. Copy to all Officers concerned Copy to all Section Heads. Copy to all Municipal Commissioners through concerned R.D.D.T.Ps. Copy to Regional Directors of Municipal Administration. Copy to the Commissioner and Director of Municipal Administration. Copy to Eng-in-Chief (Public Health). Copy submitted to the Principal Secretary to Govt., Municipal Admn. And Urban Development Deptt., Govt. of A.P., for information. Copy to P.A. to DT&CP.

//t.c.f.b.o.//

GOVERNMENT OF ANDHRA PRADESH


137

ABSTRACT

Municipal Administration & Urban Development Department – Internal delegation of powers within the Municipalities, Municipal Corporations and Urban Development Authorities –Notification –Issued. ====================================================

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M) DEPARTMENT

G.O.MS.No. 49 Dated: 01-02-2018 Read the following:-

1. G.O.Ms.No.579, MA&UD (H) Department, dated:07.09.2015. 2. G.O.Ms.No.599, MA&UD (H) Department, dated:05.10.2016. 3. Govt Memo No. 800211/H2/2017, dated 12.10.2017. 4. G.O.Ms. No. 443, MA&UD (M) Dept., dated 18.12.2017

5. From the Director of Town and Country Planning, A.P., Guntur, Lr. No. 9464/2012/P, dated 18.01.2018.

***

O R D E R:-

In order to streamline the online Building Permissions in Urban areas all over the State, Government have implemented the Information and Communication Technology (ICT) enabled Integrated Online Building Permission Management System and adopted AP Development Permission Management System (APDPMS). The said system has been extended to all the UDAs in the State vide G.O 2nd read above.

2. Further, in order to curtail the abnormal delay in conforming approved plans and issuing Occupancy Certificates Govt vide Memo 3rd read above, issued orders that the post approval inspection by the Town Planners concerned has to be completed within 10 days and the site inspection report has to be made available online for the applicant to have a look. If the post approval inspection is not carried out within 10 days, then the inspection deemed to have been taken place. Regarding the issue of Occupancy Certificate, instructions have been issued to make necessary inspections and issue Occupancy Certificate within a period of 8 days from the date of application. If the Occupancy Certificate is not issued within 8 days, on the 9th day applicant shall be able to down load the Occupancy Certificate online provided the construction is in conformity with the approved plans.

3. Further, in order to speedy disposal of verification of Online Building permissions to give better service to citizens as per Citizen Charter and to ensure effective action on Unauthorised constructions, Government have decided to issue certain internal delegation of powers within the Municipalities, Municipal Corporations and Urban Development Authorities.

4. The following notification shall be published in the Andhra Pradesh Gazette on 02.02.2018.

N O T I F I C A T I O N

In exercise of the powers conferred under section 387 of AP Municipalities Act, 1965, under section 679-E of AP Municipal Corporations Act, 1955 and under sub- section (2) of section 115 of AP MR&UDA Act, 2016 (Andhra Pradesh Act.No.5 of 2016), Government hereby delegate the powers conferred under sections 209,212, 222, 228 (1), (2) & (3) of AP Municipalities Act, 1965, Sections 426, 450, 452, 455 and 636 of AP Municipal Corporations Act, 1955 and Section 80 and 89 of the Andhra


138

Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 to the Municipalities Municipal Corporations and Urban Development Authorities, with the following powers, namely :-

Sl. No.

SECTION POWERS OFFICER TO WHOM POWER DELEGATED

1 209, 212, 222 of APM Act 1965, 428 of APMC Act 1955, 80 of APMR&UDA Act 2016.

Confirmation of post approval of Buildings up to the site area of 100 Sq.Mts

Town Planning Officer

2 Confirmation post approval of Buildings upto the site area above 100 to 200 Sq. Mts.

Assistant City Planner in the Cadre of Assistant Director of Town Planning

3 Confirmation post approval of Buildings upto the site area above 200 to 300 Sq.Mts.

Deputy City Planner in the Cadre of Deputy Director of Town Planning

4 Confirmation post approval of Buildings upto the site area above 300 to 500 Sq.Mts.

City Planner in the Cadre of Joint Director of Town Planning

5 For the sites above 500 to 4000 Sq.Mts. except High raise buildings.

Chief City Planner in the Cadre of Director of Town & Country Planning

6 455 of APMC Act, 1955

Occupancy certificate The officer delegated with the power of conformation of post approval, can issue occupancy certificate

7 228 (1)&(2) of APM Act 1965, 452 of APMC Act 1955, 89 of APMR&UDA Act 2016

Issuing Provisional Orders , Show cause notices for Unauthorised constructions and Constructions made in deviation to approved plans

TPBO/JPO and above cadres.

8 228(3) of APM Act 1965, 636 of APMC Act 1955, 89 of APMR&UDA Act.

Issuing Conformation order, Demolition orders for Unauthorised constructions and Constructions made in deviation to approved plans

ACP and above cadres

9 192 of APM Act and 401 of APMC Act 1955

Issue of encroachment notices TPBO/JPO and above cadres

i. In Municipalities not covered by UDAs, as per Rule 3 (22) (iii) of AP Building Rules, 2017:-

(a) In case of building approvals with plot area of above 300 Sq. Mts, the Regional Deputy Director of Town & Country Planning (RDDTP) concerned shall undertake post verification.

(b) In case of building approvals in the site area above 1000 Sq.Mts, the Director of Town and Country Planning, A.P., Guntur or his representative shall under take post verification.

Contd..3..


139

ii. These delegations are subjected to delegations issued in G.O.Ms. No. 443,

MA, dated 18.12.2017 in the jurisdiction of Urban Development Authorities.

iii. These delegations are for speedy disposal of verifications of online building permissions to give better service citizens as per citizen charter and to ensure effective action on unauthorised constructions. If any delay noticed at lower level, the higher officials can pull up the file and dispose the same.

iv. Wherever the cadre post against the column no. 4 in the said above table is not available, the next higher level officer is the authority delegated to exercise the powers.

v. The officers to whom powers are delegated shall exercise them with true spirit. Any deviation or negligence in exercise of powers will be viewed seriously.

vi. The Commissioners of ULBs shall review the disposal process and Development Control Regulation process including enforcement action and see that the delegated powers are utilised effectively.

5. The above delegation of powers shall be strictly adhered by the Municipalities, Municipal Corporations and Urban Development Authorities in the State.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

R. KARIKAL VALAVEN PRINCIPAL SECRETARY TO GOVERNMENT

To The Commissioner of Printing, Stationery and Stores Purchase, Hyderabad for

Publication in the A.P. Gazette. The Director of Town and Country Planning, A.P., Guntur. The all Municipalities & Municipal Corporations (through DTCP) The Vice Chairman, all the UDAs in the State. The Director of Municipal Administration, AP, Guntur. Copy to :- The OSD to M (MA&UD). SF/SC.

/FORWARDED:: BY ORDER//

SECTION OFFICER


140

Chapter 4

Approval of Building Plans


141

3 Approval of Building Plans

Building – statutory requirement obtaining Building permission.

Building:- A structure constructed with any materials whatsoever for any purpose, whether used for human habitation or not, and includes:- (i) Foundation, plinth, walls, floors, chimneys, plumbing and building services, fixed platforms etc. (ii) Verandahs, balconies, cornices, projections etc. (iii) Parts of a building or anything affixed thereto (iv) Any wall enclosing or intended to enclose any land or space, sign and outdoor display structures etc. (v) Tanks constructed or fixed for storage of chemicals or chemicals in liquid form and for storage of water, effluent, swimming pool, ponds etc. (vi) All types of buildings shall be considered to be "buildings", except tents, shamianas and tarpaulin shelters erected temporarily for temporary purposes and ceremonial occasions.

Floor Plan


142

Building View

Drawing sheet Consists of floor plan, section and elevation

Before Commencement of construction of any Building it requires prior permission fro the sanctioning authority under provisions of section 209 & 210 of APM Act 1965 for Municipalities, U/S 428 & 429 of Municipal Corporation Act 1955 for Municipal Corporations, U/S 19 of APCRDA Act 2015 for APCRDA areas and U/S -82 of APMR & UDA Act 2016 in UDA areas.


143

Further under Rule-3(9)(b) of AP Building Rules 2017, no person shall erect, re-erect or make additions alterations in any building or cause the same to be done without, first obtaining a separate building permission for each such building from the Competent Authority.

AP Building Rules

The Government of A.P. have issued comprehensive “AP Building Rules 2017” in G.O.Ms.No.119 MA dt: 28-3-2017 subsequently amended in G.O.Ms.No.401 MA dt: 15-11-2017 and G.O.Ms.No.223 MA dt: 09-07-2018

These Rules shall apply to the building activities in the areas falling in: (a) Andhra Pradesh Capital Region Development Authority [APCRDA] except in Capital City Area, (b) All Metropolitan Region Development Authorities, (c) All Urban Development Authorities, (d) All Municipal Corporations, (e) All Municipalities, (f) All Nagar Panchayats, (g) Gram Panchayat areas covered in Master Plans/General Town Planning Schemes notified under Andhra Pradesh Town Planning Act,1920 and (h) Industrial Area Local Authority (IALA)/Special Economic Zone (SEZ) notified by Government.

Master Planning Zoning Regulations

For every urban area, a Master Plan along with set of regulations called Zoning Regulations will be got prepared and approved by the Government of A.P., for comprehensive planned growth/development of the Urban Area.

The Zoning regulations along with AP Building Rules will act as a tool in implementation of Master Plan proposals.

Fire Protection And Fire Safety Requirements

As per the provisions of the Andhra Pradesh Fire Service Act, 1999, Residential buildings of height more than 18m, Commercial buildings of height 15m and above and buildings of public congregation like Educational Buildings, Cinema Theatres, Function Halls and other Assembly Buildings on plot area of 500Sq.m. and above or of height above 6m are required to obtain prior clearance from Andhra Pradesh State Disaster Response & Fire Services Department from fire safety point of view.

CRZ Regulations

In the Notification G.S.R. 37(E) dt: 18-01-2019, the Central Government, with a view to conserve and protect the unique environment of coastal stretches and marine areas, besides livelihood security to the fisher communities and other local communities in the coastal areas and to promote sustainable development based on scientific principles taking into account the dangers of natural hazards, sea level rise due to global warming, do hereby, declares the coastal stretches of the country and the water area up to its territorial water limit, excluding


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the islands of Andaman and Nicobar and Lakshadweep and the marine areas surrounding these islands, as Coastal Regulation Zone as under:- (i) The land area from High Tide Line (hereinafter referred to as the HTL) to 500 meters on the landward side along the sea front. Explanation. - For the purposes of this notification, the HTL means the line on the land upto which the highest water line reaches during the spring tide, as demarcated by the National Centre for Sustainable Coastal Management (NCSCM) in accordance with the laid down procedures and made available to various coastal States and Union territories.

Classification of CRZ

For the purpose of conserving and protecting the coastal areas and marine waters, the CRZ area shall be classified as follows, namely: -

CRZ-I areas are environmentally most critical

CRZ-II: CRZ-II shall constitute the developed land areas up to or close to the shoreline, within the existing municipal limits or in other existing legally designated urban areas, which are substantially built-up with a ratio of built-up plots to that of total plots being more than 50 per cent and have been provided with drainage and approach roads and other infrastructural facilities, such as water supply, sewerage mains, etc.

CRZ-III: Land areas that are relatively undisturbed (viz. rural areas, etc.) and those which do not fall under CRZ-II, shall constitute CRZ–III.

Any development within CRZ area shall be governed by CRZ notification.

Procedure for obtaining Building Permission

Every person who intends to erect, re-erect or make alteration in any place in a building or demolish any building shall submit an Application for Building Permission through On-line in the website apdpms.gov.in through the login of LTPs as prescribed to the concerned Authority of his intention in the prescribed Form.

As a part of the system, once the plan is uploaded in Autocad and if the plan is as per building rules and zoning regulations, the applicant get an advise for payment of fee and charges for approval of the plan.

Payment has to be made through online only and once payment is confirmed, then the plan approval is issued instantly and it can be down loaded.

Building Permit Fees and other Charges

No building application shall be deemed valid unless and until the owner submitting the application has paid the Building Permit Fees and other charges as notified by the concerned Authority from time to time as per the procedure prescribed. (b) The initial fee of the Building


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Permit Fee of the proposed building to be paid along with the Application for Building Permission is as follows:

Plot area (Sq.M) Initial fee to be paid (Rs.)

Up to 200 3000

Above 200 10000

The balance Building Permit/License Fees together with other fees and Charges shall be paid before the issue of permission / sanction on intimation.

In case of rejection of building application, the above initial fees paid would be forfeited.

No fees and charges would be levied for parking spaces provided in any floor.

Post Verification of Building Permissions

After sanction of the Building Permissions through the Online Building Permission Management System, the respective Local Authorities, Competent Authority and Sanctioning Authority who shall examine and scrutinize the Building Permissions as per the categories given below in detail and verify the compliance of the provisions of the land uses as per the Master Plans/General Town Planning Schemes, layouts, the relevant rules and regulations as applicable and wherever there has been any false statement, misrepresentation of material facts in the application on which the building permission was sanctioned is invalid and shall be deemed to be cancelled. The concerned authority shall be entitled to take appropriate action against such Licensed Technical Personnel any person whoever is responsible and also against such construction. Till such time any application filed by concerned LTP/Applicant shall not be accepted without specific approval from Competent Authority.

Deemed Post Approval Verification

Government in their Memo No.800211/H2/2017 MA&UD Dept. Dt: 12-10-2017 have issued instructions that if the post approval inspection is not carried out within 10 days, then the inspection deemed to have been taken place. The Department in consultation with government have implemented the deemed provision for the online approval confirmation which were not verified for more than 15 days and action will be initiated on concerned who ever fails to carryout post verification within stipulated time.

Occupancy Certificate

(1) Occupancy Certificate shall be mandatory for all buildings. No person shall occupy or allow any other person to occupy any building or part of a building for any purpose unless such building has been granted an Occupancy Certificate by the Sanctioning Authority.


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(2) The Sanctioning Authority or the person authorized, on receipt of notice of completion shall undertake inspection to verify the following aspects:

(i) No. of Floors. (ii) External setbacks. (iii) Usage of the building. (iv) Parking space provision. (v) Abutting road width. (vi) Rain Water Harvesting Structures, as applicable. (vii) Solar Energy Structures in Buildings, as applicable. (viii) Recycle of Water Treatment Plants, as applicable.

The T.P staff shall inspect the building and submit remarks within 10 days failing which the online system shall generate occupancy certificate automatically under deemed provision.

(c) In case, if the Occupancy Certificate is refused due to deviation, which cannot be compounded, the completion certificate will be rejected and communicated to the applicant in the prescribed form.

(d) The Sanctioning Authority shall communicate the approval of the Occupancy Certificate in the prescribed Form within 15 days or may issue the same after levying and collecting compounding fee, if any.

(e) If nothing is communicated within this period, it shall be deemed to have been approved by the Authority for occupation provided the fact is immediately brought to the notice of Authority in writing by the person, who had given the completion notice and has not received any intimation from the Authority within 15 days.

(f) If the authority fails to issue the occupancy certificate within the above stipulated period the responsibility shall be fixed with the concerned officer who fails to process the file.

(g) The Sanctioning Authority is empowered to compound the offence in relation to setbacks violations (other than the front setback) in respect of non-high rise buildings only up to 10%, duly recording thereon the violations in writing. The rate of Compounding fee shall be equivalent to one hundred percent of the value of the land as fixed by the Registration Department at the time of compounding for the violated portion and the Government may revise this rate from time to time. Compounding of such violation shall not be considered for buildings constructed without obtaining any sanctioned plan.

(h) For all high rise buildings, the work shall be subject to inspection by the Andhra Pradesh State Disasters Response & Fire Services Department and the Occupancy Certificate shall be issued only after clearance from the Andhra Pradesh State Disasters Response & Fire Services Department with regard to Fire Safety and Protection requirements.


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(i) The sanctioning authority shall ensure that all public and semipublic buildings are constructed disable friendly and provide facilities for Differently abled persons, Elderly and Children as per the Rules there under and also as per the latest version of National Building Code of India while issuing occupancy certificate.

(j) The functional/line agencies dealing with electric power, water supply, drainage and sewerage shall not give regular connections to the building unless such Occupancy Certificate is produced, or alternatively may charge 3 times the tariff till such time Occupancy Certificate is produced. This condition shall also be applicable to all unauthorized constructions and buildings constructed without sanctioned building plan. In addition to the above, the Local Body shall collect every year two times the property tax as penalty from the owner / occupier.

(k) The Registration Authority shall register only the permitted built up area as per the sanctioned building plan and only upon producing and filing a copy of such sanctioned building plan. On the Registration Document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan in respect of setbacks and number of floors.

(l) The financial agencies / institutions shall extend loan facilities only to the permitted built up area as per the sanctioned building plan.


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Chapter 5:

Approval of Layout Plans


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4 Layout Layout means the laying out a parcel of land or lands into building plots with

laying of road/ streets with formation, leveling, Metalling or black topping or paving of the roads and footpaths etc., and laying of the services such as water supply, drainage, street lighting, open spaces, avenue plantation etc.

Merits of having layout

a. To achieve planned Development in Physical aspect b. Layout will help to have better linkage within area and helps to maintain

continuity of roads and open spaces. c. Layout helps to provide standard section of roads d. Better environment by providing better type of roads, avenue plantation,

drainage, water supply etc. e. It helps in providing other facilities like open space, school, community hall

etc. Statutory requirements for obtaining Layout permission

a. Section 185 of APM Act -1965 b. Section 388,389,391 & 392 of AP Municipal Corporation Act-1955 (adapted

HMC Act -1955) c. Section 110 of APCRDA Act -2014 d. Section 82 of APMU&DA Act -2016

AP Layout Rules 2017

1. The AP Land Development (Land and Sub Division) Rules 2017 were issued vide G.O.Ms.No.275 MA&UD Dept., Dt:18-07-2017

These rules are applicable to APCRDA, VMRDA, all UDAs, all ULBs and Gram Panchayats covered in Master Plans& IALAs/SEZ.

Along with Layout application the following particulars are to be submitted.

i. Location Plan ii. Site Plan iii. Layout Plan iv. Service Plan v. Other Documents vi. NOC from other departments as per requirement

2. Essential requirements for Land /Layout Development permission

a. Restrictions on the layout Development

i. Vicinity of air port ii. Defense establishment iii. Electrical line iv. Environmental Impact assessment Authority (SEIAA) permission


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v. Vicinity of Heritage Structures vi. Oil/Gas pipelines vii. Railways viii. Religious Structures ix. Water Bodies

b. Land use as per master Plan: The permission for layout development shall be considered in accordance with the provisions of Master Plan/ Zonal Development Plan/ any other sanctioned plan notified under respective Acts. The land use as permissible under the respective zoning regulations shall be complied with. The layout permission shall be in accordance with the circulation pattern and road widths as proposed in the Master Plan.

c.Approach Road: The site proposed for layout development shall have access from an established public approach road. In case the public road is less than 12 m in width and not specified in any Master Plan, the applicant shall make it to 12 m by leaving required area within his site.

d. Internal roads:

S. No.

Length of the Road (m) Minimum Road Width (m) Splay required (m)

A B C D

1 Up to 250 12 3

2 Above 250 up to 500

18 5

3 Above500 up to1000

24 5

4

Above 1000

30 or more width as decided by the Competent

Authority

6

e. Minimum size of plots:

i. Residential Plots:

1. 100 Sq.mts if the plot is getting access from 12 m wide road

2. 150 Sq.mts if the plot is getting access from more than 12 m wide road ii. Commercial plots : 150 Sq.mts with frontage of the plot as minimum 10 m

iii. Industrial plots:

1. 300 Sq.mts with frontage of the plot as minimum 15 m

2. 50 sq.mts in case of small enterprises like workshops, garages etc.,

f. Reservation of land for various purposes in the layout:

1. Public open space: 10% of the layout area


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2. Utilities:

i. 0.5 % of the layout area in layouts 5 Hectare and below

ii. 1% of the layout area in layouts above 5 hectares.

3. Amenities:

i. 2 % of the layout area in layouts 5 Hectare and below

ii. 3% of the layout area in layouts above 5 hectares.

4. Roads: 30 % of the layout area for the roads. In case of roads arrived below 30%, the public space shall be increased proportionately

5. General Parking space: In case of Commercial/ Industrial layout having an area above 3 hectares, 5% of the total area shall be reserved for general parking space.

g. Mortgage of plotted area for ensuring the development of “Internal Development works”

The owner/applicant shall mortgage 15 % of the plotted area in favour of Local body for ensuring the development of Internal Development works in the layout area within prescribed time.

h. Fee and charges for obtaining layout approval

1. Along with application the applicant has to pay Land development permit fee and other charges as notified by the concerned local authority from time to time

2. Initial layout permit fee to be paid along with layout application

Land Area (Hectares)

Initial Permit Fee to be paid (Rs.) GVMC VMC

GMC Other Municipal Corporations, Selection Grade &Special Grade

Municipalities

Other Municipalities, Nagar Panchayats, and Gram Panchayats falling Development Authorities and Master Plan areas

Up to2 10000 7500 5000 Above 2

and up to10

15000

12500

10000

Above 10

20000 17500 15000

v. Procedure for obtaining online layout approvals under DPMS:

a) P re approval workflow


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Online submissionof Application– Tentative Layoutplan(TLP)

1. In the left side menu options Go to application submission > Draft applications select “Create New” button at Top Right Corner Select “Open Layout”

2. Directs to the application


application – Proposal Info page


153


154

Application having multiplevillages o select “Yes” if plot is falling under multiple villages/mandals/ Gram pachayats o Select “No” if plot is falling under single village/mandal/Grampanchayat

Land use : enter correct landuse Proposedlanduse : select thecorrectlanduseasthe drawingisprocessedbasedonthis input Surveynumbers– entercorrectsurveynumbers.Thesesurveynumberswillbedisplayed in

proceedings Enter all other fields - village, Mandal, Gram panchayat etc Click on “Save & Continue”, a temporary BA number will generate. Once the Proposal Info got saved then other tabs are enabled

3. Enter Site details and Click on Save button

o Proposed Site Area - Enter total site area proposed for layout permissions o Totalareaasperdocuments – Enterareaasmentionedintheownershipdocument o Total area as on ground (sqmt)- Enter area as per the ground o Enter layout details-

Whether site abuts any existing road Status of road – public /private/layout road Nature of Road Widthof approach Road – entercorrect data asplanned asprocessedbased the

input provided Whether the site belongs to any govt land/surplus land/water body/any oth


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4. Fill Site Extract detailsby selecting add option document wise and click on Save button

Document Type- sale deed/ title deed Doc no & Date - as mentioned in the selected document type Vender & Vendee details Survey no – survey numbers , Full/Pasrt Doc Extent & Proposed Extent – site extent ECprocno. Date& Area LCProcno.Date&Area

5. Fill Applicant info Details and click on Save button


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LTP Information – these details are fetched from the system and displayed Applicant information

o Firm/developer Name o License number o Owner/applicant Name o Address – Door No, Street , City and district details o Aadhar number

6. Attach layout drawing in Drawing Tab

7. Fill Application checklist and click on save and continue


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Ensurecorrectdetailsare providedas application is processed basedontheinputs provided by theUser.

Document checklist is generated based on values selected in the checklist

Note: Application can be revoked if wrong data is entered

8. Attach Primary and additional documents from Documents Tab

Note: please ensure valid and complete documents are uploaded in the system

9. Enter mortgage details in others tab and click “Save and Continue” button

Notarized Affidavit no Notarized Affidavit Date Plot count – Number Area- Total Mortgage Mortgage Plot Nos –

10. Geo location tab Add Geo Location directly from

lengths and then click on save

11. Payments tab System will generate the Challan for Initial fee which can be viewed in payment tab


no- As mentioned in the mortgage document Date - Date specified in the mortgage document

Number of plots mortgaged Mortgage area as specified in the layout plan

– provide the plot numbers that are mortgaged

from Google page or you can add through “Add Geo”lengths and then click on save

generate the Challan for Initial fee which can be viewed in payment tab

wn and Country Planning Training Manual

158

document

mortgaged

Geo” option with

generate the Challan for Initial fee which can be viewed in payment tab


159

Click on “Pay now” button to make the payment Page directs to online payment gateway

12. Online payments

User can make payment through ICICI or CFMS gateway

Net banking Debit/credit card NEFT/RTGS

13. Submit application

Click on send for scrutiny. TLP Number will be generated as below format “1106/0002/LP/KUDA/2018”. This

number is used for future communication purposes File will be displayed under “Submitted Applications” menu option of LTP console.


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Drawing Scrutiny

After scrutiny is completed, LTP and Applicant will receive an SMS Alerts to the registered mobile number Drawing Failed

Applicant is displayed under Objected Files says that “Drawings has failed in rules”

Click scrutiny report to verify the details Correct the drawing and resubmit the application Drawing Passed

When drawing is passed in rules, system generates drawing pdf and scrutiny report View /download scrutiny report and Layout plan Upload pending documents (if any) and submit application for final payment


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Payments

Layout fee is generated which is displayed in payment tab Separatechallansaregeneratedforseparate department

Pay fee online – Refer Page #11 , point no 12 for online payment options

Generate TLPProceedings

After payment of total fee, TLP Proceedings will be generated automatically and fileis forwarded to the concerned Town planning staff

In TP staff dashboard/console the application is displayed under left side menu option “Received/Proceeding Issued”

In LTP console file is displayed under left side menu option - “Proceeding issued”.


162

VI. FEE AND CHARGES FOR OBTAINING LAYOUT APPPROVAL : a) Processing fee

Create additional budget head “processing fee” for VUDA and NUDA as per their rates R ate :

Gram Panchayats - For residential @Rs.3/-per 1Sq.mt, and Non residential @ Rs.4/- per 1sqmt municipalities and Nagarpanchayats.- for residential @Rs.4/-per 1Sq.mt in and Non residential @Rs.5/-per 1

Sq.mt in Municipal corporations - For residential : @Rs.5/per 1 Sq.mt and Non residential Rs.6/- per 1Sq.mt in

Dep

t Description Type Calculation

logic Gram Panc haya

t, Rate

Nagar Panchayat & Grade3 Municipalit ies Rate

Grade 1 and Grade 2 Municip alities

Spl and Select ion grade

Other Corpo ration s

GVM C/

VMC/ GMC Rate

1. UD Layout Permit fee Any Upto 2 5000 5000 5000 7500 7500 10000 a A (initial fee) Initial Fee hectares

/UL (table 1 of g.o# 275) >2 and <=10 1000 10000 10000 12500 12500 15000 B F or GPs– deposited hectares 0

in UDA account >10 1500 15000 15000 17500 17500 20000

F or ULBs (UDA and N on UDA areas) – Deposited in Single pool Account

hectares 0

1. b

UD A/U LB

Balance fee (after deducting

Per hectare or part there of

1000 0

10000 15000 20000 25000 25000

Initial fee)

Commercial All rates per 15 25 25 25 25 50 (In Case of sqm

Mixed Res

Comm Buildings

commercial rate

is applied on

Total)

Industrial All rates per 15 20 20 20 20 30 sqm

Miscellaneous All rates per 10 20 20 20 20 30 sqm

P rocessing fee

R esidential p er 1Sq.mt R s.3/ -

R s.4/- R s.4/- R s 4/- R s.5/- N A

Non r esidential

per 1Sq.mt R s.4/ -

R s.5/- R s.5/- R s.5/- R s.6/- R s.6/-

b) DTCP u ser charges for all applications of all UDAs and Ulbs : Rs.10000/- per each application Revision cases – applicable Revalidation cases – Applicable Shortfall / Resubmission cases– Not applicable

VII. POST APPROVAL VERIFICATION OF ONLINE

P ost approval workflow – TLP

Application verification by TP Staff

After proceeding is generated,Town Planning Staff as per

The application is viewed The TPBO/TPShastoverifythe

Documents and Site Inspection Drawing verification

Select Drawings tab, verify


POST APPROVAL VERIFICATION OF ONLINE PERMISSION

Application verification by TP Staff

generated, application is automatically forwarded to theper the mapped location.

viewed undertheleft side menu “Received/ProceedingTPBO/TPShastoverifythe dataandproviderecommendationfor Drawings,

Documents and Site Inspection - ‘Approve’, ‘Revoke’ or ‘Shortfall’.

verify the drawingand cangive remarks andrecommendation,


163

the concerned

“Received/Proceeding Issued” Drawings,

recommendation, and has

to click on “Save Decision”

Document verification

Select ‘Documentstab

Verify both ‘Primary’ and Add observations and click


to click on “Save Decision”

and ‘Additional’ documents and select the Decision.click “Save Decision”


164

Decision.

Site Inspection

“Site Inspection” tab, the TPstaffObservations.

Fill the checklist during Attach photographs frommobile Select ‘Save decision ’ button

inspectionreport

TPstaffcanselect“Sign& Submit”edited after digital signature.


TPstaff hasto visit the Site andshouldgivetheirremarksand

during the site inspection and enter his observationsfrommobile

button If he needs to cross verify the data before generating

Submit” afteraddinghisrecommendations.Thedatacannotsignature.


165

andshouldgivetheirremarksand

observations

generating the site

afteraddinghisrecommendations.Thedatacannot be

They can view the reportNote sheetpreparation

Select ‘Note sheet’ tab.

Enter recommendation/ remarks Select ‘Publish’ the note sheet, Attachment – can add any relevantdocuments


report by clicking on “Inspection Report”

remarks and select ‘Save’ sheet, so that it is visible to everyone who involves

relevantdocuments


166

in the file.


167

Click on ‘View Enlarge’ to view the Note sheet in full screen Select ‘Send’ button so that the file is moved to higher officials as per the workflow and

hierarchy.

Approval by the MunicipalCommissioner/Vice Chairman/Metropolitan Commissioner

After recommendations from officers, the file is forwarded to the commissioner

Select “Review Proceeding” from left menu option. Displays the list of files pending for approval Select the file from the list


168

Verify the recommendations/remarks given by his officers and selects o ‘Approve – proceedings are verified o ‘Revoke – to reject the TLP proceedings o Showcause - generates show cause letter before revoking the permission o ‘Shortfall’ – generates shortfall letter if any shortfalls identified in application

Approve

Verify the recommendations of the officers and select “Approve” button


169


170

System will generate the letter for Mortgage registration of plots

Application is forwarded to LTP console and is displayed on left side menu - “TLP verified”

Application is forwardedto LTP consoleand is displayed under Approvedfiles menu

Reject

Shortfall

a) F LP work flow This flow is initiated after TLP is confirmed


confirmed by the VC and Mortgage submission letter is generated


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generated and sent t the applicant


As per new delegations, Post verification should be carried out at UDAS for all ULBs that come under UDA region. Which means, once proceeding is generated, application is forwarded to concerned UDAs without routing through ULBs.

b) ULBs within UDA region

#

Application Types

Application submission

Fee

deposited

Proceeding generated

Post verification

Approval/ Competent Authority

Mortg age

registr ation

1 All applications (residential, commercial etc.) and Site Area <=10 hectares

ULB- Municipalities/ Nagar Panchayat/ Corporations

CDMA single pool account

VC, UDA

Competent authority - - UDA

On UDA name UDA - post

verification and approval UDA to ULB – Forward file to ULB commissioner for view purpose only.

2 All applications (residential, commercial etc.) and Site Area >10 hectares

ULB- Municipalities/ Nagar Panchayat/ Corporations

CDMA single pool account

Commissio ner, ULB

Competent authority - - UDA and DTCP

On UDA name UDA post verification

and approval DTCP – final clearance DTCP to UDA – to be finalized UDA to ULB – Forward file to ULB commissioner for view purpose only.

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N ote: FLP is a continuation to TLP. Hence complete file ( with note sheet ) will be shown in FLP.

LP No is separate number to identify the layout. This number is different from FLP File number/ FLP proceeding number

4) Mortgage screen – a) Applicant will enter the below details and attach necessary documents and forward to Initial offcer at UDA M ortgage Registration details UI Registered Mortgage deed no : Prohibitory Watch register no: Plots handed over: Mortgage extent:

Registered date: Deed expiry date: Documents to be attached:

a) Registered mortgage deed b) Latest EC after Mortgage registration c) Site photos

b) Initial officer will verify the above details and forward to next officer or return to the LTP incase of any clarifications

5) After VC is confirmed, the FLP should be generated with LP no and the same LP number should be printed on the plan also. The applicant should be able to download the plan from website .

Andhra Pradesh Town & Country Planning Training Manual

173

Chapter 6

Master Plan/General Town Planning Scheme/Zonal

Development Plan

5 Master plan

Need for Planning

Planning serves as a blueprint for the future expansion Village/Area/City/Town/Region/District/State. It will identify economic and other factors such as utility infrastructure, Housing,development.

a. Planning of cities is as ancient as the histbasics needs for planningi. For planned developmentii. Health and Sanitationiii. Socio Economiciv. Good quality of

b. Today planning has become a specialized subject and thespecialties exist; i. Urban Planningii. Regional Planningiii. Transportation iv. Environmental v. Housing vi. Rural Planning

c. The History of Planning of Human Settlements in the Indiancan be seen the examples of the followingi. Mohenjodaro &ii. Jaipur in the medievaliii. Chandigarh iniv. Bhubaneswar, Gandhinagar,

times d. Images of planned cities in the Indian

Mohenjodaro

Mohenjodaro

Andhra Pradesh Town & Country Planning Training

174

Planning serves as a blueprint for the future expansion Village/Area/City/Town/Region/District/State. It will identify economic and other factors such

Housing, acquisition for development which will drive

Planning of cities is as ancient as the history of human settlements itself.basics needs for planning were:

development Sanitation

Socio Economic needs Good quality of life

Today planning has become a specialized subject and the following

Planning Planning

Planning Planning

Planning The History of Planning of Human Settlements in the Indian context can be seen the examples of the following cities:

& Harappa in Ancient times medieval times in the post independence time

Gandhinagar, Navi Mumbai and Kerala (DDP) in

Images of planned cities in the Indian context Harappa Harappa

Mohenjodaro Harappa


Planning serves as a blueprint for the future expansion of any Village/Area/City/Town/Region/District/State. It will identify economic and other factors such

drive to sustainable

ory of human settlements itself. The

following

context

in the recent

Harappa

The Village, the City, and the Ecosystem reconsiders the monotonous past developments of thea rapid transformation ofconsideration of the existing

e. Images of planned ci

Chandigarh

Navi

f. The images of planned urban development in the otherCalifornia


175

The Village, the City, and the reconsiders the monotonous

the region that led to of the area with little

existing landscape.

Integrated District Development Plan, Kollam – Kerala which helps to preserve and update all information’sand for effective planning and project implementation.

Images of planned cities in the Indian context of Post Independence

Chandigarh Bhubaneswar

Navi Mumbai Kollam,Kerala

The images of planned urban development in the other countries California Barcelona


Integrated District Development Plan, Kerala which helps to preserve

information’s at micro level and for effective planning and project

Independence

g. Typical images of Indian Urban situation today highlighting and organic growth

h. Theories of Planning

Ebenezer Howard’s Garden


176

Typical images of Indian Urban situation today highlighting the congestion growth

Planning

Garden City Walter Christaller’s Central Place


congestion

Place

Various planning interventionsthe practices are highlighted

At Planning Level i. Master Plan guidelinesii. Development Control/Promotion

j. At Projects/Action Leveli. Road Widening,

ii. Lakes Conservation ( for e.g. in Hyderabad

Conservation Projectproject)

iii. Urban Greening

iv. PPP Initiatives especiallydevelopment, funding

k. Lake Preservation and


177

interventions are possible to make urban living better. Somehighlighted below

Master Plan guidelines for Control/Promotion

At Projects/Action Level Road Widening, RDPs

Lakes Conservation ( for e.g. in Hyderabad-Hussain sagar Lake Project assisted by JICA & 87 urban Lakes conservation

Greening

especially in Solid Waste management, township funding of city infrastructure

Lake Preservation and Development


Some of

Hussain sagar Lake conservation

township

Surveying:

Surveying is the science and art ofposition of points or physical andand to depict them in a usable form,planning department surveyingactivities like for identification of

P rinciples of Surveying:

The fundamental principle uponbe stated under the following two

1. Location of a point by measurement2. Working from whole to

M ethod of Surveying in Civil Engineering:

Primary types of Surveying are:

Plane surveying: The type of surveyinga plane, or in which its spheroidaldirections. Plane surveying is done

Geodetic surveying: The type ofThese surveys are of high precisionexceeds over 250 km2.


178

of making all essential measurements to determineand cultural details above, on, or beneath the surface

form, or to establish the position of points or details.surveying is essential tool and plays crucial role for all the

of any location, for base map preparation etc.,

upon which the various methods of plane surveying aretwo aspects.

measurement from two points of reference to part

ethod of Surveying in Civil Engineering:

surveying in which the mean surface of the earth isspheroidal shape is neglected, with regard to horizontal

done of the area of survey is less than 250 km2

of surveying that takes into account the true shapeprecision and extend over large areas. It is carried out


mine the relative surface of the Earth,

details. In town the development etc.,

are based can

is considered as horizontal distances and

2.

shape of the earth. out if the area


179

C lassification of Surveying:

Based on the purpose (for which surveying is being conducted), Surveying has been classified into:

Control surveying: To establish horizontal and vertical positions of control points.

Cadastral surveying: To determine the boundaries and areas of parcels of land, also known as property survey, boundary survey or Land survey.

Topographic survey: To prepare a plan/ map of a region which includes natural as well as and man-made features including elevation.

Engineering survey: To collect requisite data for planning, design and execution of engineering projects. Three broad steps are

1) Reconnaissance survey : To explore site conditions and availability of infrastructures.

2) Preliminary survey : To collect adequate data to prepare plan / map of area to be used for planning and design.

3) Location survey : To set out work on the ground for actual construction / execution of the project.

F undamental Techniques of Surveying:

Triangulation – This technique uses a series of fixed points or stations in the area to be measured. These stations are connected as triangles, joining and overlapping each other. From these points, angles are measured.

Trilateration – Using the same principles as described in the triangulation method of land surveying techniques, trilateration adds electronic distance measuring equipment. This allows for faster and easier mapping of uneven and rough terrain.

Leveling – This technique is used to determine land elevations. Each one of these points provides part of the calculation, which is determined using trigonometry methods.

Traverse – The method in which a series of lines with predetermined and measured distances and lengths are used to connect together at various points in determined location. These traverse lines can be open or closed and can be easily moved around uneven terrain or obstacles that are in the way. This technique is most often used in the surveying for new roads, railroads and other such linear projects.

Radiation – Most commonly used along with a plane table, this land surveying technique is often used in conjunction with triangulation and traverse methods of measurement. This


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method takes a fixed position above a ground location in which various points are taken along the boundary line then drawn out on paper. Once drawn out, the distance is measured and converted to the necessary scale on the survey sheets.

M odern Techniques:

LiDAR – Light Detection and Ranging is a method of detecting distant objects and determining their position or other characteristics by analysis of pulsed laser light reflecting from their surfaces. The scanner can also accurately measure angles.

Airborne LiDAR is a highly cost effective means of collecting detailed topographic survey information, and offers significant advantages over traditional forms of topographical survey in terms of speed, access, resolution, accuracy and canopy penetration, for a variety of applications.

3D laser scanners are used to understand and interpret the shape of things such as buildings or land by collecting clouds of points to create digital 3-D models. These instruments are used by surveyors to provide data to architects to accurately visualise the land they are going to build or design on. 3D image created by a Laser Scanner.

B ASE MAP PREPARATION:

A digital base map is a primary element for developing a Geographic Information System for organized urban development. Base map forms the framework for overlaying other relevant details related to infrastructure, land base, utility networks, property details etc. to create any intelligent GIS map. An accurate base map can lay the foundation for efficient infrastructure planning, monitoring and management. Our systematic approach for base map preparation ensures accuracy and effectiveness.

DATA SOURCES

Multiple data sources for the preparation of geo-referenced vectorized base maps are utilized. These sources include the following:

Existing hard copy maps (administrative maps, cadastral sheets etc.) High-resolution satellite imagery and aerial images Field survey mainly to validate the existing data and to collect landmarks In addition to spatial information, attribute information is collected to make the base

map more reliable and useful.

APPROACH

A series of steps are followed for development are as follows 1) Fixation of area of interest including demarcation of administrative boundaries


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Scanning and mosaicking of the existing hardcopy maps GCP collection to geo-reference the administrative maps and satellite imagery Superimposition of scanned maps over Satellite Imagery Field validation of the same mainly using DGPS to ensure accuracy

2) Digitization of relevant layers from geo-referenced scanned maps including administrative layers like corporation/ municipality boundaries, ward boundaries etc.

3) Extraction of spatial layers from the satellite imagery including roads, railways, water bodies and other relevant features. 4) Ground-truthing to validate the prepared map via attribute data collection

5) DGPS/ GPS survey to collect points of interest

6) This is followed by integration of the field output for further enhancement of the base map.

Preparation of general Town Planning scheme and detailed Town Planning scheme under A.P.T.P act 1920

1. Introduction:

i. A Master plan or a Development plan or G.T.P scheme may be defined as a general plan for the future layout of a city showing both, the existing and proposed streets or roads, open spaces, public buildings, residential, commercial areas etc. Thus the G.T.P scheme aims at controlling the future growth of a Town or urban area along pre conceived and predetermined paths. Generally the perspective period for the G.T.P scheme or Master plan is two decades in order to meet the future requirements considering its role, the potential and problems.

ii. In India, the idea of preparation of development plan is understood to have been flourished after 1915 when the Bombay Town Planning Act was passed and was soon followed by the Madras Town Planning Act in 1920. The first comprehensive Act requiring the preparation of development plans and authorizing its enforcement is the Bombay Town and Country Planning Act, 1954 which actually came into force in 1957. This Act required the preparation of development plans by the concerned local bodies within a specific period.

iii. A G.T.P scheme or Master is an ideal plan showing the full development of a Town or urban area at some future date. At the same time it should be sufficiently elastic. It is therefore, not a fixed plan, but it is possible to amend it from time to time to keep it in pace with any to accommodate the new Development of any revised estimate of the future growth and requirements of the Town.


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iv. A Detailed Town planning scheme is covered by a part of the Town or a part of General Town planning scheme. The GTP scheme covers all the Land uses with proper infrastructure are achieved through the proper implementation of schemes.

2. Objectives of G.T.P Scheme Following are the main objectives of preparing a Master plan for the town:

i. It aims at intelligent and economic spending of the public funds for achieving welfare of the inhabitants in respect of amenity, convenience and health.

ii. It arranges the pattern of a town in such way so as to satisfy the present requirements by the coming generation.

iii. It helps in restricting the haphazard and unplanned growth iv. It places various functions which a town has to perform in physical

relationship of each other so as to avoid the chances of mutual conflict v. It removes the defects of uncoordinated physical growth of the various

components of town due to the fact that it considers the entire city area or town as planning and development entity.

3. Preparation of G.T.P Scheme The GTP Scheme is statutory document and they should be prepared duly following the provisions and procedures of APTP Act 1920 and rules made there under.

Section - 4(1): A Detailed Town Planning Scheme may provide for all Land uses or part of Land use.

Section - 7(1): Appointment of Director of Town Planning.

Section - 9(1): Declaration of intention to make or adopt GTP/DTP scheme by the Municipal council by a resolution and shall be published by notification in the prescribed manner.

Section – 10: Resolution to make or adopt GTP/DTP schemes

Section - 11

a. A copy of every draft scheme with all its enclosures and the maps prepared in connection therewith shall be sent by the executive authority of the municipality, to the Director

b. Municipal council shall be published under section 11 on the notice board of the municipal office by a notification which shall be called

Notification No.2 and shall be in Form No. 12


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Section - 12

a. Any notification of the Government under section 12, published in the Official Gazette, shall be republished by notice in Form No. 16-

i. On the notice board of the office of the municipal council;

ii. on the notice board of the office of every local authority within whose limits any portion of the area included in the scheme is situated; and

iii. In one or more newspapers circulating in the district in which such area is situated.

b. The rules contained in Part S, except rules 32 to 34, shall as far as may be, apply to schemes required to be prepared under section 12.

Section - 13

a. A Notice in Form No. 13 shall also be published-

i. On the notice board of the office of every local authority within a whose limits any portion of the area proposed to be included in the scheme is situated.

ii. In the district gazette concerned in case the whole or any portion of such area is situated in any district; and

iii. In one or more newspapers circulating in the districts in which II such area is situated.

A copy of such notice shall also be pasted up in one or more conspicuous places in or near such area.

4. The Contents of Draft Scheme.

Map No. l indicating present Land use with an explanatory note giving all details ofland use and the areas included in the Map.

Map No. ll showing proposed Land use map, after receipt of the map no l, from theGovt.

Under Rule – 17: Submission of progress reports

Under Rule – 23: Preparation of GTP under Section 8 shall be under taken in consultation with the Director

Under Rule – 24: The Map No l along with other details is to be submitted to the Govt. for formal approval.

Under Rule - 25


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The Govt. after careful examination approves the plan (Map No ll) with modifications If necessary either in a separate map no or by alternate in Map No ll. Such Separate map or modified map shall be called map no.lll and it will be sent to Municipal Council for further action.

Under Rule - 27

The draft GTP scheme plan shall be published in form no 1 in notice board Municipal office.

Under Rule - 28

Publish the draft GTP scheme plan in form no.2 calling for objections and suggestions (Placing in notice boards, Publication in Gazettes, & daily news papers etc).

The GTP Scheme, existing land use map etc should be kept for public examination in the Municipal office, for 60 days and Technical staff members should explain the details of the plan to the public during office hours so that they can understand it and submit objections and suggestions if any.

Under Rule - 29

The draft GTP Scheme, finally prepared by the Municipal Council shall be submitted in duplicate to the Govt. through the Director of Town Planning.

The Objections & suggestions of the Public should be recorded in writing and placed before the Municipal Council with a note on each and every Objection & Suggestion should be recorded.

The Objections & Suggestions with the recommendation of the Municipal Council should be submitted to the govt. through Director of Town Planning in form no 14 incorporating the objections & Suggestions recommended by the council in the plan

(Map No.lll).

A notice about the submission of draft scheme to the Govt. should be published in the notice board of Municipal Office and in District Gazette in form no 15 .

Section - 14

The Govt. after careful examination of the recommendations of the council and DT&CP Sanction the GTP scheme.

Section - 15


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A GTP Scheme sanctioned under section 14 may at any time be varied or revoked by a subsequent scheme published and sanctioned in accordance with TP Act by state Govt.

If the Govt. orders any modifications in the GTP scheme Map No.lll a fresh map Map No.iv shall be prepared incorporating such modifications otherwise Map No.lllas corrected with reference to the modifications shall also be called Map No iv is communicated to the Municipal Council for adoption.

The GTP scheme so sanctioned Map No.iv shall be published in official Gazette indicating the place and time required for inspection of the public.

The notification under Section 14(5) shall be concluded proof for sanction and the execution of scheme shall commence and publication of GTP scheme in official Gazette.

The sanctioned GTP scheme Map No.iv should be prominently kept in Municipal office for public examination for at least 6 months so as to get them acquainted with the proposals wide publicity is to be given about the sanctioned GTP scheme.

5. Forms prescribed under the A.P.T.P rules

Form No - 1

Notification under section 8. Under rule 27

The GTP scheme prepared by the local authority for the area described in the schedule a copy is attached. Any person interested in the scheme may communicate in writing to the Commissioner any objections.

Form No - 2

Notice under rule 28. -As published under rule 27 The scheme in full shape and the Map No. lll may be inspected and communicated any objection or suggestion to the commissioner for further action

Form No - 3

Progress report of preparation of GTP scheme-under section 8. -Under rule 51(1)

Form No - 4

Notification no 1 under section 10-Under rule 33(a) The local authority passed resolution to prepare the scheme in respect of the area specified. A copy of the plan of the area included in the scheme Map No. l will be kept for inspection in Municipal office


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Form No - 5

Notice of publication of notification no 1 under rule 34(A) Under section 17 no. person may erect or proceed with any building or work without applying for and obtaining permission from Municipal council. Under section 23 betterment contribution and recovery under rule 66

Form No - 6

Statement showing Reconstitution of Plots and Redistribution of Boundaries (Under rule 37 of the Andhra Pradesh (Andhra Area) Town-Planning Rules) (Please REFER Andhra Pradesh Town Planning Act)

Form No - 7

Ownership and extent of lands included in the scheme under rule 38(1.

Form No - 8

List of new streets and widening of existing streets under rule 38(ll)

Form No - 9

Lands proposed to be acquired for the scheme under rule 38(lll)

Form No - 10

Lands to be proposed to be reserved under section 4(k) under rule 38(iv)

Form No - 11

Estimate of cost of the scheme under rule 39

Form No - 12

Notification no.2 under rule 41 Draft scheme which has been prepared is here by published (Map No ll)

Form No - 13

Notice of publication of draft scheme under rule 43

The Scheme in full shape with enclosures and Map may be inspected.

Form No - 14

List of objections and suggestions as regards draft scheme under rule-44

Form No - 15

Notice of submission of draft scheme under section 14(2) under rule 46

Form No - 16

No. of publication notified under section 12n


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Form No – 17 & 18

Progress reports on GTP Scheme 7 DTP scheme one to be subject

6. Enforcement of the Plan

Section - 17

Permission to be taken for construction etc after publication of the draft scheme.

Section - 18

Obligation of owners to comply with scheme after sanction

Section - 19

Power of responsible authority to enforce scheme duly taking action on the Unauthorized Constructions and recover the cost incurred.

Section - 2 (A)

Application for sanction for with drawl or modification of scheme.

Section - 34

Notification under section 14 to have effect as declaration under section 6 of land acquisition act 1894.

Master plan and zonal development plan prepared under AP Metropolitan Urban & Regional Development Act, 2016

1. Introduction

a. A development plan or a master plan may be defined as a general plan for the future layout of a city showing both the existing and proposed streets or roads, open spaces, public buildings, etc. A development plan is prepared either for improvement of an old city or for a new town to be developed on virgin soil. Thus, a development plan aims at controlling the future growth or a town along preconceived and predetermined paths.

b. The concept of development plan was taken up to provide an instrument for preparing a framework incorporating various town improvement schemes and programmes. The classical development plan aims at comprehensive development. It is rightly said that the effective functional jurisdiction of the city or town extends far beyond its physical boundary. Thus, a well conceived development plan also takes care of the meaning planning and development of the surrounding area.


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c. A development plan is an ideal plan showing the full development of the town at some future date. At the same time, it should be sufficiently elastic. It is, therefore, not a fixed plan. But it is possible to amend it from time to time to keep it in pace with and to accommodate the new developments of any revised estimate of the future growth and requirements of the city.

d. Master plan is a statutory document prepared under the provisions and procedures prescribed under AP Urban Areas (Development) Act, 1975.

2. Civic Survey and Master Plan for Development Area:

a. The Authority shall, as soon as may be, carry out a civic survey of and prepare a Master Plan for the development area concerned.

b. The Master Plan shall…………………………………………..

i. Define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (either after carrying out development thereon or otherwise) and the stages by which any such development shall be carried out; and

ii. Serve as a basic pattern of frame work within which the Zonal development plan of the various zones may be prepared.

c. The Master Plan may provide form any other matter which is necessary for the proper development of the development area.

3. Zonal Development Plans:

a. Simultaneously with the preparation of Master Plan or as soon as may be there after the Authority shall proceed with the preparation of Zonal development Plan each of the zones into which the development area may be divided.

b. A Zonal Development plan may:

Contain a site plan and land use plan for the development of the zone and show the approximate locations and extends of land used proposed in the zones for such purposes as roads, Housing, Schools, recreation, hospitals, industry, business, markets, public works and utilities, public buildings, public and private open spaces and other categories of public and private uses.

ii. Specify the standards of population density and building density and building density.


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iii. Show every area in the zone which may, in the opinion of the Authority, be required or declared for development or re-development, and.

iv. In particular, contain provisions regarding all or any of the following matters, namely …………………

1) The division of any site into plots for the erection of buildings.

2) The allotment or reservation or lands for roads, open spaces, gardens recreation, grounds, schools, markets and other public purposes.

3) The development of any area, into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out.

4) The erection of buildings of any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings.

5) The alignment of buildings on any site.

6) The architectural features of the elevation or frontage of any building to be erected on any site.

7) The number of residential buildings which may be erected on any plot or site,

8) The amenities to be provided in relation to any site or buildings on such site whether before or after the erection buildings and the person or authority by whom or at whose expense such amenities are to be provided.

9) The prohibition or restrictions regarding erection of shops workshops, warehouses or factories or buildings of a specified architectural feature or building designed for particular purposes in the locality;

10) The maintenance of wall, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained.

11) The restrictions regarding the use of any site for purposes other than erection of buildings, and.

12) Any other matter which is necessary for the proper development of the zone or any other area the of according to plan and for preventing buildings being erected haphazardly in such zone or area;


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4. Procedure to be followed in Preparation and Approval of Plans: a. In this section and in Sections 9, 10, 12 and 15 the work plan means the

Master Plan or the Development Plan for a zone or both, as the case may be. b. Before finally submitting any plan to the Government of approval, the

Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection publishing a notice in such form and manner as may be prescribed, inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice. The Authority shall also give reasonable opportunity to every local authority within whose local limits any land included in the plan is situated to make any representation with respect to the plan.

d. After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it the Government for their approval.

e. The form and content of a plan and the procedure to be followed and all other matters connected with the preparation, submission and approval of such plan shall be governed by such provisions, if any, as may be, prescribed in the behalf.

5. Submission of plans to Government for approval:

a. Every Plan shall, as soon as may be after its preparation, be submitted by the Authority to the Government for approval and the Government may either approve the plan without modifications or with such modifications as they may consider necessary of reject the plan with directions to the Authority to prepare a fresh plan according to such directions.

b. The Government may direct the Authority to furnish such information as they may require for the purpose of approving any plan submitted to them under this section.

6. Date of operation of Plan:

a. Immediately after a plan has been approved by the Government, the authority shall publish in such— manner as may be determined by regulations, a notice stating that a plan has been approve and naming a plane where a copy of the plan may be inspected during the specified hours and upon the date of the first publication of the aforesaid notice, the plan shall come into separation.

7. Certain Plans already prepared and sanctioned deemed to have been prepared and sanctioned under this Act

a. Any General Town Planning scheme under the Andhra Pradesh (Andhra Area), Town Planning Act, 1920, any development Plan under the Hyderabad municipal corporations Act, 1955 or any Master Plan under the A.P.


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Municipalities Act, Corporations Act, 1965, already prepared and published by the Local authority concerned and sanctioned by the Government before the commencement of this Act, with respect to any area now forming part or whole of a development area under this act, shall be deemed to be a Master Plan so prepared and published by the Authority and sanctioned by the Government subject to such alterations and modifications as may be considered necessary, under this Act.

b. Any detailed town planning scheme under the Andhra Pradesh (Andhra Area) Town Planning Act, 1920, any improvement Scheme under the Hyderabad Municipal Corporation Act, 1955, or any town development plan under the Andhra Pradesh Municipalities Act, 1965 already prepared and published by the local authority concerned and sanctioned by the Government before the commencement of this Act, with respect to any area now forming part of a development area under this act, shall be deemed to be a development plan, so prepared and published by the authority and sanctioned by the Government, subject to such alterations and modifications as may be considered necessary under this Act.

c. In respect of plans of the nature specified in sub section (1) or sub-section (2) which are at different stages or preparation or publication or pending sanction of the Government at the commencement of this Act, such plans shall be deemed to have been prepared, or published or submitted to Government as the case may be, under this Act, subject to such alterations as may be considered necessary under this Act.

8. Modifications to Plan: a. The Authority may make such modifications to the plan as it thinks fit being

Modifications which, in its opinion, do not effect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of populations density.

b. The Government may suo mout or on a reference from the Authority make any modification to the plan, whether such modifications are of the nature specified in sub section (1) or otherwise.

c. Before making any modifications to the plan, the Authority or, as the case may be, the Government shall publish a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all consider all objections and suggestions that may be received by the Authority or the Government.

d. Every modification made under the provisions of this section shall be published in such manner as the Authority or the Government, as the case may be may specify and the modifications shall come operation either on the date of the publication or on such other date as the Authority or the Government may fix.


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e. When the Authority makes any modification to the plan under sub section it is shall report to the Government the full particulars of such

modification within thirty days of the date on which such modification some into operations.

f. If any questions arises whether the modifications proposed to be made by

the authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land uses or the standards of population density it shall be referred to the Government, whose decision thereon shall be final.

g. Any reference in any other chapter, except this chapter, to the Master Plan or the Development Plan shall be construed as a reference to the Master Plan or the Development plan as modified under the provisions of this section.

Importance of GIS based Master Plans

Any plan starts with base map preparation, existing land use surveys and collection of socio-economic data necessary for reviewing the existing situation and proposing the future land use plan. With the advances in remote sensing and Geographic information system, the plan making process can be expedited with integration of both spatial and attribute data, which enables detailed assessment of spatial growth of towns/cities, land use status, physical infrastructure facilities, etc. in anticipation of the projected population growth. which in turns helps to create cities with healthy environment and sustainable livelihoods.

Advantages of GIS :

Only desktop system with internet facility can enable GIS database creation, updating and GIS based Master Plan preparation at ULB.

Avoid the database redundancy, duplicate work in different divisions of State and Central government departments.

Data can be shared with line departments; which would enable updating of database in near real time.

Enable the investment protection and facilitate cost & time effective revision of Master plans periodically

Status of GIS based Master Plans in Andhra Pradesh.

Out of 110 ULBS, DTCP has taken up GIS based Master Plan preparation for 67 ULBs in two phases and for the rest 43 ULBs falling under various UDAs the concerned authorities have taken up Master Plan preparation in GIS platform which is monitored by DTCP. Currently all the Masters are at various stages and status is as follow:

• GIS BASED MASTER PLANS INITIATED - 110 ULBs

• GIS BASED MASTER PLANS – 3 ULBs


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• GIS BASED DRAFT MASTER PLANS – 8 ULBs

• GIS BASED PERSPECTIVE MASTER PLANS – 20 ULBs

• GIS BASED DRAFT MASTER PLANS(UNDER PROGRESS) - 79 ULBs

Master Plan Zoning Regulations:

a. The Zoning Regulations are issued along with the Master Plan (General Town Planning Schemes) sanctioned by the government as per the APTP Act 1920.

b. The Zoning Regulations are intended to control the bulk of building, use of building and provision of parking space etc., which are not mandatory under building rules and layout conditions. i.e, some of the provisions missing in building rules and Layout rules are incorporated in Zoning Regulations.

c. The Zoning Regulation consists of the Regulation for land use control as per Master Plan (General Town Planning Schemes) and Regulations for building control.

d. L and-Use-Control: 1 Residential Use a) Low density

b) Medium density

c) High density

d) Intensive density

2 Commercial Use a) Local Commercial

b) General Commercial

c) General Commercial

3 Industrial Use a) Light Industrial

b) Heavy Industrial

c) Special Industrial

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4 Public and Semi-Public use zone -

5 Agricultural Use Zone Apart from this three is circulation pattern i.e, hierarchy of roads which consists of widening of the existing roads and new road which should be taken into consideration while allowing the developments.

Presently, the land use classification is done in a simpler format; i.e. Residential, Commercial, Industrial etc without further sub-classification.

e. Zoning Regulation – 2: The definitions and general information given inthis regulation are very important and should be noted carefully.

f. Zoning Regulation – 3: Uses permissible in various land use zones aregiven.

In each landuse zone the uses permitted are divided into three parts.They are- In Part 1 : Uses permissible by local authority are given.

In Part 2 : Uses permissible on appeal to the competent authority

i.e, DT&CP / UDA are given.

In Part 3 : The uses prohibited are given.

g. Zoning Regulation – 3 (a): Provides Special Regulations for detached andSemi Detached building which consists of plot size, frontage of plots, no. of floors, plot coverage, set-back lines.

h. Zoning Regulation – 3 (b): Provides special regulations from tenamentaland

storied flats i.e., plot size, no. of floors, maximum floor coverage (FAR, FSI) lifts, parking and garbage.

i. Similarly special regulations are provided from light industry, Heavy industry,

Special industry, public and semi-public uses.

j. The Annexure give the list of services industries, light industries, heavy industries, Special industries, Noxious industries and also the list of industries exempted for taking permission. Only the industries listed in the annexure are allowable in the light, heavy, special industries use zones in usual courses.

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k. The roads proposed in the Master Plan should be verified correctly and the site effected for road widening and new roads should be taken over through registered gift deeds before releasing building permissions. No construction should be allowed in the road widening portions.

Procedure for the change of land use

In the sanctioned general town planning scheme (master plan) and areas which are covered by sanctioned gtp scheme proposals (master plan) and falls outside the UDA/ULB limits

Introduction:

A Master plan or a Development plan or G.T.P scheme may be defined as a general plan

for the future layout of a city showing both, the existing and proposed streets or roads,

open spaces, public buildings, land uses such as residential, commercial areas etc.

STATUTORY PROVISIONS:

(i) Preparation of G.T.P Scheme The GTP Scheme is a statutory document which is prepared duly following the

provisions and procedures of APTP Act 1920 and rules made there under.

(ii) Section - 4(1) A Detailed Town Planning Scheme may provide for all Land uses or part of Land

use.

(iii) Section - 9(1) Declaration of intention to make or adopt GTP/DTP scheme by the Municipal

Council by a resolution and shall be published by notification in the prescribed

manner.

(iv) Section - 10 Resolution to make or adopt GTP/DTP schemes

(v) Section - 11

(a) A copy of every draft scheme with all its enclosures and the maps

prepared in connection therewith shall be sent by the Executive

Authority of the Municipality, to the Director

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(b) The same shall be publish under section 11 on the notice board of the

municipal office by a notification which shall be called Notification No.2

and shall be in Form No. 12

(vi) Section - 12 (a) Any notification of the Government under Section 12, published in the

Official Gazette, shall be republished by notice in Form No.16

(i) On the notice board of the office of the municipal council;

GOVT. MEMO (AGREED IN PRINCIPLE)

DT&CP

PUBLIC NOTIFICATION

(OBJECTIONS &

CONFIRMATION

MUNICIPAL COMMISIONER

MUNICIPAL COUNCIL FOR C.R.

State

F LOW CHART FOR THE APPRO

DRAFT NOTIFICATION Scheduled of

Boundaries Details of D.C Paid

DT&CP

Official Gazette

GOVT.

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APPLICANT FOR PAYMENT D.C.

M. C.

GOVT. MEMO (AGREED IN PRINCIPLE)

GOVERNMENT

With specific Technicalwith required particulars

PUBLIC NOTIFICATION

APPLICANT

MUNICIPAL COMMISIONER

DT&CP

MUNICIPAL COUNCIL FOR C.R. Municipal Council for Council Resolution for acceptancePass resolutions

LOW CHART FOR THE APPROVAL OF CHANGE OF LAND

APPLICATION

FOR COLLECTION OF D.C.

DETAILS OF D.C. PAID AND SCHEDULE OF BOUNDARIES

APPLICANT

M. C.

Town Planning SectionRemarks

Attested copies of Ownership

document Site Plan, Topo EC, Extract

M. C.


APPLICANT FOR PAYMENT D.C.

Technical Opinion along particulars

Municipal Council for Council acceptance and ns with 30 days

VAL OF CHANGE OF LAND USE

FOR COLLECTION OF D.C.

APPLICANT

Section of Technical

Attested copies of

Document and link

Topo Plan, FMB Sketch of M.P./ Base Map

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Chapter 7

Building Penalisation Scheme

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6 Building Penalization Scheme

Due to formation of new State of Andhra Pradesh, the state has experienced rapid

growth of Urbanization during last 4 years. Consequently the migration to urban areas from villages has been increased. The construction activity has been increased to meet the demand due to general economic development and migration from rural areas. In this process of development it is noticed that, large number of unauthorized buildings and Layouts have cropped up in all urban and Rural areas.

Why B.P.S is adopted

1. To reduce the litigation in courts

2. To provide opportunity to the owners of the buildings to regulate and penalise their unauthorised constructions and deviations made to the sanctioned plan.

3. To enable newly constituted ULBs and UDAs to avail the benefit of BPS.

4. Restoration of parking space in commercial buildings before regularisation of buildings.

5. To Penalize each and every building constructed unauthorisdly or in deviation of the sanctioned plan so as to create deterrence against any such practice.

6. To bring all the unauthorised constructions in to planning code and to regulate the development in urban areas.

7. To provide relief to several persons who have purchased buildings without any knowledge about the building regulations.

Stage wise procedure adopted

Earlier the Government with a view to regulate the unauthorized constructions has

come up with Penalization of unauthorized constructions and deviation to the sanctioned plans

in order to help the people to bring unauthorized constructions into planning fold. To give

effect to the above policy, relevant Municipal Laws have been amended by Act No.6 of 2003,

Act No.9 of 2008 & Act No.6 of 2015 and Statutory Rules have been issued for implementation

of Scheme for penalization and regulation of unauthorizedly constructed buildings and

buildings constructed in deviation to the sanctioned plans as one time measure vide

G.O.Ms.No.419, M.A, Dt:30-07-1998, G.O Ms.No.901, M.A, Dt:31-12-2007 and G.O Ms.No.128,

, Dt:22-05-2015. Under this scheme some of the building owners have utilized

the schemes and some of them have not utilized even though the buildings are

eligible as the schemes are voluntary schemes. In some cases all required particulars

were submitted and Penal amount


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paid but could not be regularized for want of NOC from Andhra Pradesh Disaster Response and

Fire service Department. In some cases the owners have applied for regularization by paying

initial amount but not come forward for submission all required particulars and payment of

Penal amount.

In the latest scheme issued vide G.O.Ms.No.128, M.A, Dt:22-05-2015, 74,748

applications have been filed from 27-05-2015 to 31-01-2016 for regulation and penalization of

unauthorized constructions and deviations to the sanctioned plans and the details of

applications received, Disposed and amount collected are as follows.

Sl. No.

Name of the

Region

No. of Applications Total penal amount Collected

(Rs in crores)

Received

Disposed

Pending

1 Visakhapatnam 15,837 14407 1430 143.05

2 Rajahmundry 20,485 19159 1326 209.10

3 Guntur 20,664 18651 2013 183.04

4 Ananthapur 10,342 8369 1973 109.64

5 UDAs 996 723 273 12.12

6 APCRDA 6,424 5870 554 64.63

Grand Total 74,748 67,179 7,569 721.61

The last date for disposal of pending balance applications was extended up to

30-09-2018.

The penal amount collected was transferred to ULBs for taking up

Developmental works as per Government Instructions.

The Government vide G.O Ms.No.168, M.A, dt: 07-04-2012 issued common Building Rules with a mortgage provision of 10% built-up area to control deviations and unauthorized floors and the same rule position has been continued in revised Building Rules -2017 issued in G.O Ms.No.119, M.A, Dt:28-03-2017. As per this Rule the building owners are required to handover 10% of built-up area to the sanctioning authority by way of notarized affidavit and this mortgage shall be released only after completion of the building as per the approved plans. But individual buildings in plots up to 200 Sq.mts with height 10 m in Municipal corporations and 300 Sq.mts with height 10 m in Municipality’s/Nagar Panchayats are exempted from this


21

mortgage clause. Since the plots less than 300 sq.mts are exempted from mortgage clause, the buildings are constructing totally in violation of building Rules. It is further submitted that, in a pilot study taken up in Vijayawada Municipal Corporation in the month of March, 2018 to assess the construction scenario in the last two years, it is noticed that 90% of the buildings are under the category of individual residential buildings in plot areas less than 300 sq.mts. The owners of these small plots are constructing buildings without leaving any setbacks and in many of the cases additional floors are also constructing. If mortgage clause is applicable to these plots also, deviations will be arrested.

The Government have issued various orders for regularization of unobjectionable encroachments in Government lands by way of dwelling units for both BPL and APL families in entire state up to 500 Sq.yards on payment of regularization cost. So far 58,401 sites were regularized by the Revenue Department. Though title has been conferred to the occupiers, the buildings are unauthorized and banks are not coming forward for issuing loans.

As part of enforcement action the ULBs have taken up demolition of unauthorized constructions regularly and so far about 11,024 constructions have been demolished from 01- 01-2016 to till date.

In spite of the enforcement measures taken up it is noticed that large number of unauthorized constructions / deviations to the approved plans have come up in the jurisdiction of 110 ULBs, APCRDA & UDAs during the period from 01-01-2015 to till date and several building owners constructed prior to cut off date i.e.31-12-2014 have also not applied for regularization under BPS- 2015.

It is also observed that several buildings have come up in unauthorized layouts without

valid permission. It is not possible to demolish such large no of unauthorized constructions. At

the same time it is not desirable to continue such structures without Penalizing.

As per Municipal Corporation Act and AP Municipalities Act-1965, Penalties shall be

imposed for the contrivances of any provision of any of the sections. The details of fine which

may be imposed are exorbitant and such penalties cannot be levied directly and it requires to

be filed before Court of Law. Filing of charge sheets for huge no of unauthorized constructions

is gigantic task.

It is further submitted that, unless relevant Municipal Acts are amended, these

unauthorized constructions shall not be regularized. Accordingly the Government have

amended the relevant Municipal Laws by Act No.34 of 2018 and in supersession of the A.P

Regulation and Penalization of buildings constructed unauthoerizedly and in deviation of the


22

sanction plan Rules 2015 issued in G.O Ms.No.128 MA&UD, Dt:22-05-2015 have issued “The

Andhra Pradesh Regulation and Penalization of Buildings constructed unauthoerizedly and in

Deviation to the Sanctioned Plan Rules, 2019” vide G.O.Ms.No.14, MA Dt.04.01.2019. These

Rules are applicable to the existing buildings constructed after 01-01-1985 and before 31-08-

2018 in jurisdiction of all, Municipal Corporations, Municipalities, Nagar Panchayats, Gram

Panchayats falling in the Capital Region Development Authority except those included in the

‘Capital City Area’ of A.P Capital Region Development Authority(APCRDA), Gram Panchayats

falling in Urban Development Authorities & Visakhapatnam Kakinada Petroleum, Chemical &

Petro-Chemical Investment Region Special Development Authority (VK-PCPIR SDA), Gram

Panchayats falling in Metropolitan Region Development Authority and Industrial Area Local

Authority (IALA) in Andhra Pradesh.

The Government have initially given ninety (90) days time for filing of applications from

the date of notification of these Rules. Afterwards the Government vide G.O Rt.No.334,

MA&UD Dept., dt:02-05-2019 have extended the time limit for filing of BPS application upto 31-

08-2019. So far 41462 BPS applications are filed out of which 6692 cases were approved and

remaining are in process. So far an amount of Rs.118.36 Cr. has been collected under this

scheme.


23

Chapter 8

Fees and Charges

7 Fees and Charges Legal Provision

According to Section 622 (2) APMC Act, it states that “Fees to be chargeable:- For every such

license or written permission a fee may be charged at such rate as shall from time to time be

fixed by commissioner, with the sanction of the Corporation”

According to Section 344 of AP Municipal Act, it states that

(1) Every license and building permission granted under this Act or any rule or bye-law

made under this Act shall specify the period of any for which, and the restrictions,


24

limitations and condition subject to which, the same is granted, and shall be signed by

the commissioner.

(2) Save as otherwise expressly provided in or prescribed under this Act, for every such

license or permission, fees are charged on such units and at such rates as may be fixed

by the council.

As per APMR&UDA Act, Chapter-II 6(2)(b) mentions to prepare the schedule of various

categories of fees and development charges and submit them to the Authority for approval;

Chapter VIII - 100 (1) Subject to the provisions of the Act and rules made there under, the

Authority shall levy a charge, hereinafter called development charge on:-

Chapter V – 21 (5) the cost of publication charges in the newspapers pertaining to the scheme;

Chapter II – 6(2) (b) to prepare the schedule of various categories of fees and development

charges and submit them to the Authority for approval;

As per APCRDA Act 2014, Chapter XII – 123 (1) The Authority may levy a betterment charge or

impact fee or Urban Infrastructure Fee as prescribed to capture some share of the increase in

valuation that is likely to accrue to land owners due to a new development proposed or

implemented by the Authority or Government or a third party.

Chapter III -18 (2) (h) the procedure for assessment, levy and collection of impact fee, cess,

development charges, urban infrastructure fee and calculation and assessment for the land and

buildings;

Chapter XI – 108 (1) (b) payment of the development charges and other fees and charges to the

Authority to be levied under the Act.

Building Permit Fee and Other Charges

Under Provisions of Rule 3(17) of AP Building Rules 2017,

“ No Building application shall be deemed valid unless and until the owner submitting the

application has paid the Building Permit Fee and other charges as notified by the concerned

Authority from time to time as per the procedure prescribed”


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Development Charges

I n ULBs not covered by UDAs: Government have specified rates of Development

Charges to be collected in Municipalities. In Go Ms no. 158 MA dt: 22-03-1996 under section -

44(1)&(2)of the APTP Act 1920.

I n ULBs covered by UDAs: Under section 100&118 R/w section 5(3)(e) of APMR & UDA

Act, the UDAs can collect Development Charges and the Government in their orders Go Ms. No

87 MA dt : 28-02-2018 have specified rate of Development Charges to be collected in the areas

covered by UDAs.

City level Impact Fee: Under provisions of Rule 109 of AP Building Rules 2017,in addition to

Building permit fee and other charges payable, City/Area level Impact Fee shall be payable for

height of floors above 15 meters where the height of the Building or Block is more than 15

meters at the rates specified therein.

Betterment charge or Impact fee or Urban Infrastructure Fee:

As per APMR&UDA Act 2016, Section 104. (1) The Authority may levy a betterment charge or

impact fee or Urban Infrastructure Fee as prescribed to capture some share of the increase in

valuation that is likely to accrue to land owners due to a new development proposed or

implemented by the Authority or Government or a third party.

Drainage Betterment Charge

As per AP Municipal Corporation Act 1955, section 444(a), The erection of any such building on

either side of a new street may be disapproved by the commissioner, unless and until such new

street has been levelled, metalled or paved, sewered and drained to the satisfaction of

commissioner [and drainage betterment charges as fixed by the commissioner, from time to

time, have been paid] {amended by Act 6 of 1984}

External Betterment Charges


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As per AP Municipal Corporation Act 1955, Section 463(a), that in any street or portion of street

specified in such notice the elevation and construction or the frontage or all buildings or any

classes of buildings thereafter erected or re erected shall in respect of their architectural

features be such as the Corporation may consider suitable to the locality:

Subdivision Charges

As Per AP Municipal Corporation Act 1955, Section 388, Notice to be given to commissioner of

intention to layout lands for building and private streets

Shelter Fee:- Under Provisions of Rule 178 of AP Building Rules 2017, in case of all Residential

Group Housing/ Group Development schemes whose land extent is more than 4000 sqm and

up to Ac 5.00 cents, Shelter fee shall be collected at the rates specified.

Green Fee:- Govt vide G.O. Ms no 112(Industries & Commerce )(Mines-II) Department dt:30-

08-2017 have issued orders for collection of Green Fee @ Rs 3/- per sqft for the Building

exceeding 5000 sqft Built-up area.

Labour Fee:-The Govt of AP in G.O. Ms No. 112 Labour Employment training and factories

department dt:-15-12-2009 have issued orders to collect 1% cess on the Estimated cost of

construction under “Building and other construction workers (Regulation of Employment and

conditions of service) Act 1996.

Government Orders

Andhra Pradesh Municipal Act 1965

Under Section 326 Power of Government to make rules:

1) The Government may by notification in Andhra Pradesh Gazette make rules for carrying

out all or any of the purposes of this act.

Under Section 326-2(a), (s), (3) Power of Government to make rules

1) With reference to all matters expressly required or allowed by this act to be prescribed.


27

2) In making any rule, the Government may provide that a breach thereof shall be

punishable with a fine which may extend to one hundred rupees.

Under Section 330 - 12(a),(b),(c) Power of council to make bye-laws

(a) for the regulation of the building;

(b) for determining the information and plans to be submitted with applications to build;

Under Section 330 –A Power of Government to make rules in lieu of bye-laws

If, in respect of any matters specified in section 330 the council has failed to make any bye-laws

or if the bye-laws made by it are not, in the opinion of the Government, adequate, the

Government may make rules providing for such matters as they may think fit.

Andhra Pradesh Municipal Corporation Act 1955

Under Section 585 Power to make Rules:-

1) The Government may, by notification in Andhra Pradesh Gazette, make rules for

carrying out all or any of the purposes of this act.

2) In making such rule, the Government may direct that a breach thereof shall be

punishable with fine which may extend to rupees five hundred and if the breach is a

continuing one a further fine which may extend to rupees twenty for every day after the

first day during which the breach has been made.

8.2.3. AP CRDA Act 2014

Under section 18(1) of the Act,

The Government after consultation with the authority may by notification make rules to carry

out the functions of the authority and to carry out the purposes of the act:

Provided that consultations with the Authority shall not be necessary on the first occasion of

the making of Rules under this section.


28

APMR&UDA Act 2016

Under Section 116(1) of the Act read with 117(6):

1) The Government after consultation with the authority may by notification make rules to

carry out the functions of the Authority and to carry out the purposes of the Act.

2) Provided that consultations with the Authority shall not be necessary on the first

occasion of the making of rules under the section.

The various Fee heads collected for Building Permission at present. As on date, 60 fees are collected from 110 urban local bodies.

S.No. Budget Head S.No. Budget Head

1 Application Fee 31 Paper Notification / Publication Charges

2 Application fee(Penalty) 32 Penal amount

3 Additional Building license fee 33 Postal Charges

4 Building Application Fee 34 Postage (Advt Charges)

5 Building permit fee-UDA 35 Penalization charges

6 Building License Fee-ULBs 36 Previous Application pending amount

7 Building material charges 37 Paper Publication Charges

8 BT Road charges 38 Processing fee

9 Bathroom Charges 39 Rain water harvesting charges

10 Betterment charges 40 Rolling shutter

11 Citizen Charter Charges 41 Scrutiny Fee

12 Compound Wall Charges 42 Scrutiny Deposit

13 Compounding Fee 43 Special Development Charges(IRR)

14 Conversion Fees 44 Shelter fee

15 Corpus Fund 45 Stair Case Charges

29


16 City level infrastructure fee 46 Site approval fee

17 Doors Windows and Ventilators charges (DWV)

47 Septic Tank Charges

18 Debris Charges 48 Sub division charges

19 Drainage charges 49 Technical Scrutiny Fee

20 Development charges (Built up area) 50 Technical Scrutiny Fee (DTCP)

21 Development charges (Vacant land) 51 Toilet Charges

22 Development charges (IRR) 52 Tree Guard Charges

23 External Betterment charges 53 ULB Development Charges

24 Gate Charges 54 Water Closet

25 Green fee charges 55 Water Resource Charges(Rain Water Harvesting Structures

26 Impact fee 56 Water Tank charges

27 Material encroachment fee 57 1% Labor cess

28 Material storage charges 58 14% open space charges

29 Open space charges 59 33% Penalization charges

30 Open space contribution charges 60 33% of compounding fee on penal amount


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Chapter 9

Layout Regularization Scheme


211

8 Layout Regularization Scheme

Andhra Pradesh Layout Regularization Scheme of Unapproved and illegal layout which are in violation to Statuary Development plan/Master Plan and Layout Rules. (G.O.Ms.No.902, Dated: 31.12.2007 )

1. In exercise of the powers conferred by:

i. Section 58 the AP Urban Areas (Development) Act, 1975 ii. Section 44(2) (V) of the AP Town Planning Act,1920 iii. Section 326(1) of the AP Municipalities Act, 1965, the Government

hereby makes the following Rules, viz., 2. The Rules which are applied:

i. 1.G.O. Ms.No.902, MA & UD, Dt. 31.12.2007. ii. 2.G.O. Ms.No.113, MA & UD, Dt. 31.01.2008.

Section 58 the AP Urban Areas (Development) Act, 1975: The stages by which the development of any particular features of a zone may be carried out Section 44(2) (V) of the AP Town Planning Act,1920: Matters other than those referred to in the foregoing clauses which are expressly required or allowed by this Act to be prescribed. Section 326(1) of the AP Municipalities Act, 1965: D efinitions: “Unapproved/Illegal layout” means sub-division of land into plots with or without developed roads, open spaces ,Amenities and without the approval of the competent authority. O bjectives:

1. To bring all unauthorized Layouts/subdivisions in to planning frame work and regulate the development.

2. To facilitate the implementation of Master Plan. 3. To improve the circulation pattern of roads. 4. To provide relief to the several persons who have purchased plots without awareness

about layout regulations/layout permissions. Applicability of the scheme:

The Scheme is applicable in the following cases


212

I. It is applicable to the plots in unapproved layouts which are located within Urban Development Authority Area, Municipal Corporations, Municipalities and Gram Panchayats falling in Master Plan limits of respective Municipalities in Andhra Pradesh.

II. It is applicable to the plots in unapproved layouts which are registered prior to date of notification of the Rules in A.P Gazette.

L RS is not applicable in the following cases. I. Encroachment on Government Lands.

II. Surplus land declared under Urban Land Ceiling Regulation Act /Agricultural Land Ceiling Act / Lands resumed under A.P. assigned lands (POT) Act.

III. Tank beds and Sikham lands. IV. Areas covered under G.O. Ms. No. 111 MA dt. 8.3.1996 (protection of catchment

area of Osman Sagar and Himayath Sagar Lakes ). V. Prohibited area under the Costal Regulation Zone and such other

environmentally restricted zones as prescribed. VI. Industrial /Recreational/Water Body land uses earmarked in the sanctioned Master

Plans/Zonal Development Plans. VII. Bed of water bodies like river, nala, pond, cheruvu, kunta/shikam lands and in Full Tank

Level (FTL) of any lake viii.

a) 30 Mts. From the boundary of river course/Lakes of area 10 Ha and above b) 9 Mts. from the boundary of Lakes/ Kuntas /Shikam lands of area less than 10 Ha c) 9 Mts. from the boundary of Canal, Vagu etc. d) 2 Mts. from the defined boundary of nala e) The space to be left in and around the Canal/Vagu (including the actual bed width and

alignment) shall be minimum 15 Mts. This may be developed as green buffer / recreational and/or utilized for road of minimum 9 Mts. width, wherever feasible.

f) In case of (viii)(a) above in addition to development of recreational/green belt along the foreshores, a ring road or promenade of minimum 12 Mts. may be developed wherever feasible.

g) In case of sites in the vicinity of Oil / Gas pipelines, clear distance and other stipulations of the respective authorities shall be complied with.

h) Open spaces earmarked in any approved layout. i) Sites under litigation / legal disputes regarding ownership.

W ho can apply under LRS:

i. Individual plot owners in unapproved layouts having registered sale deed executed prior to notification of the rules.

ii. Associations / Societies / Welfare Society / Colony Developer representing the unapproved layout plot owners having registered sale deed executed prior to notification of these rules. In these cases 3 Members selected by the Associations / Societies / Welfare Society of the unapproved layouts will act as resource persons who can represent the case before the Competent Authority.

S eparate applications for Regulation of Unapproved Layout and Unauthorizedly Constructed b uilding


213

In respect of cases where a building is constructed unauthorizedly in a plot of unapproved layout, the owner has to submit two separate applications as shown here under

1. Application for regulation of Unapproved Layout / Plot. 2. Application for penalization and regulation of unauthorizedly Constructed building.

In these cases, Application for penalization and regulation of unauthorizedly constructed building will be considered only after regulation of the unapproved layout / plot. P rior clearances in certain cases Prior clearance is required in the following cases:

i. Clearance from the Competent Authority under Urban Land Ceiling and Regulation act 1976, A.P.Land Reforms (Ceilings on Agricultural Holdings) Act 1973 wherever required.

ii. Clearance from Air Port Authority for the areas in the restricted zone. iii. Clearance from the Defence authority for the areas in the restricted zone or with in 500

mts from the boundary of the Defence Areas / Military establishments. iv. Clearance from the Dist. Collector in respect of assigned lands.

P ayment of Penalisation charges The applicant shall pay the penalisation charges as shown hereunder

1. Penalisation charges on the total plotted area/plot area as per the rates detailed in Table-I which includes Betterment charges,External Betterment charges, Development charges and other charges.

2. Proportionate Open space contribution charges towards shortfall of open space, if any as detailed in Table-II.

3. Change of Land use charges as per G.O.Ms.No.439 dt.13.06.2007 and G.O.Ms.No.158 dt. 05.02.1996 (G.Os enclosed as Annexures) in case of plots earmarked for other than residential use in notified Master Plans/Zonal Development Plans as per the rates detailed in Table-III.

Note: In case the Applicant is not in a position to calculate the charges payable under Items -2 and 3 above, he may submit the application duly paying penalisation charges mentioned in Item-1. In such cases, the Competent Authority will scrutinise the application and inform the applicant to pay the said charges and if the applicant fails to pay the said charges within 30 days the application will be rejected. I ndividual Plot Regulation: Where an individual owner applies for regulation of a single plot, the Competent Authority may consider the same as per Rule -11 of the Rules.

S.No

Location of Site in

Pro rata Charge at Rs.Per sq. metre (of individual plot/ layout plotted area)

1 2 3

a

Greater Visakhapatnam Municipal Corporation, Vijayawada Municipal Corporation limits.

600

b Other Municipal Corporations 400

c Panchayats falling in UDA area 250

214


d

Municipalities and Gram panchayats falling in Master plan limits (other than UDA areas)

200

C onsequences in case of failure to apply under the scheme: Where an application for regulating unapproved layout /plot has not been filed, the following consequences have to be faced

i. Such layouts/plots would be treated as continuing offence and penalty as per amended Municipal laws will be levied.

ii. No regular water supply connection and services like drainage and sewerage would be provided.

iii. Such sites would be recorded in the prohibitory register of the Registration Department to prevent sale / disposal or transaction of such sites.

iv. No building permission will be granted in unapproved layouts. v. Penal action will be taken against the buildings constructed in such unapproved layouts

including demolition of the building as per Rules P ayment of Penalisation charges

I. The applicant shall pay the fees and charges as detailed below: a) Pro-rata charges which are inclusive of betterment charges, development charges and

layout scrutiny charges, penalty and other charges ,at the following rates: b) Pro-rata open space charges as prescribed in Rule 9 (b) of the Rules. c) Conversion charges as prescribed in Rule 7 of the Rules.

II. The above fees, charges shall be remitted in full by way of Demand Draft in favour of the Competent Authority.

J ustification for 14% Open Space Charges So for regulation of any plot under LRS Rules the said plot should have registered as a

plot before 31-7-2007. As per rule 10(b) of LRS Rules 14% of land cost to be collected as per value of land as per

Registration Department as n the date of registration (G.O.Ms.No.301, Dt.11-04-2008) Generally in an approved layout the extent of roads will be 30% of total land and 10% of

land will be reserved for open space for public purpose (as per rule), remaining 60% will be available for plots.

In the unauthorised layout there will be no open space, the plotted area will be 70% the proportionate open space chanrges to be calculated on the 70% of plotted area. The % of proportionate open space charges on a unit plotted area will be 10/70 X 100 = 14.28 say 14%

The Govt. orders issued in G.O.Ms.No.902 M.A.&U.D (M1) Department Dt.31-12-07 and G.O.Ms.No.113 M.A.&U.D (M1) Department Dt.31-01-2008.

Region wise Layout Regulation Scheme (LRS) details up to 30.11.2013 are as under: The scheme was closed on 31-12-2012.

Sl. No Name of the

Region

1 Visakhapatnam

2 Rajahmundry

3 Guntur

4 Ananthapur

TOTAL

The Govt. orders issued in G.O.Ms.No.902 M.A.&U.D (M1) Department Dt.31

G.O.Ms.No.113 M.A.&U.D (M1) Departme

UDA wise Layout Regulation Scheme

was closed on 31-12-2012.

Sl. No Name of the UDA

1 VUDA

2 VGTMUDA

3 TUDA

Grand Total

215


No. of applications

Received Disposed

Amount collected Rs. in lakhs

hapatnam 522 496 91.99

4920 4050 3342.70

6189 3160 2497.25

4436 3800 1949.26 16067 11506 7881.2

The Govt. orders issued in G.O.Ms.No.902 M.A.&U.D (M1) Department Dt.31

G.O.Ms.No.113 M.A.&U.D (M1) Department Dt.31-01-2008.

Scheme (LRS) details up to 30.11.2013 are as under:

No. of applications

UDA Received Disposed

Amount collectedRs. in lakhs

20391 8746 11253.03

16570 10351 7988.07

7432 7370 3950.40

44393 26467 23191.5


Amount collected

The Govt. orders issued in G.O.Ms.No.902 M.A.&U.D (M1) Department Dt.31-12-07 and

under: The scheme

Amount collected Rs. in lakhs

216


Chapter 10

New Telecommunication Infrastructure Towers

9 New Telecommunication Infrastructure Towers

Comprehensive Guidelines for issue of clearance for installation of new Telecommunication Infrastructure Towers a G.O.Ms.No.146.M.A dated 19-06-2015 was issued.

217


In the G.O 1st read above, Government have issued Comprehensive Guidelines for issue of clearances for Installation of New Telecommunication Infrastructure Towers. 2. The Government, in the G.O 2nd read above have issued amendments to Rules C (vi), C (xvi) & F (ix) of the G.O 1st read above. 3. In the reference 3rd read above, the Department of Telecommunications (DoT) have issued Advisory Guidelines for the State Government for issue of clearance for Installation of Mobile Towers, Effective from 01-08-2013 onwards. 4. Keeping in view of the guidelines in the reference 3rd read above, the Government further decided to facilitate 4G Services and Telecomm Infrastructure Services across the State to the Public under e-Governance for installation 4G services and New Telecommunication Infrastructure Towers. 5. Accordingly, keeping in view the remarks of the Director of Town & Country Planning, A.P. Hyderabad, guidelines issued by Telecommunication Department, Government of India, Government hereby issues the following Revised Comprehensive Guide lines for Issue of Clearance for Installation 4G Services and New Telecommunication Infrastructure Towers in the State of Andhra Pradesh.

A. Definition: Telecommunication Infrastructure Tower (TIT) - shall include ground based tower (GBT)/ roof top tower (RTT) / roof top poles (RTP) / cell phone tower (CPT), antenna fixtures, fabricated antenna, tower to install the telephone lines and transmission towers. This will not include the Antennas installed for domestic purpose, namely Television Antennas or Dish Antennas.

B. Essentiality of Permit:

No person shall erect or re-erect any non-Governmental telecommunication tower or telecommunication pole structures or accessory rooms or make alteration or cause

218


the same to be done without first obtaining a separate permission for each such tower or telecommunication pole structures from the Sanctioning Authority. (The Sanctioning Authority is as defined in A.P Building Rules, 2012)

C. Submission of application for Permit:

Application for Permit shall be submitted to the Sanctioning Authority in the form in Appendix-A along with following Plans and Documents:

(i) Location Plan, Site Plan, Section & Elevation Plan – (scale 1:1000, 1:100) Three copies

The Locational Plan, Site Plan, Section Plan showing the Cross Section of the structure & Elevation Plan including antenna shall show the site with reference to the surrounding existing developments, to the site extent and dimension, access street width and Elevation Plan showing the structure of the Existing/ Proposed building over which the tower/room proposed.

(ii) Structural Stability Certificate – one copy (original) Structural Stability Certificate shall be submitted in respect of the Telecommunication Infrastructure Tower and room and also the building over which it will be erected.

a) The Structural Stability Certificate shall be obtained from a certified Structural Engineer, or from recognized institute like IITs, NITs and CBRI Roorkee or from the Engineering colleges recognized by AICTE or a Structural Engineer registered or employed in Central or State Government Service or Quasi-Government Organization.

(iii) Installation Telecommunication Infrastructure Tower (TIT) can be permitted on all buildings which are assessed for property tax except the buildings and sites mentioned at Rule-E.

(iv) Lease Agreement Deed / Consent Agreement deed - One copy (attested) signed by the applicant and the owner of the site / building along with Ownership Document - One copy (attested) to prove the ownership of the building / site.

(v) Agreement - [One copy (attested)] Executed with Department of Telecommunications or License or Permit issued by an Authority approved by Government of India from time to time along with the capacity of Tower or antenna in Megawatt.

(vi) In case the tower is in the vicinity or adjoining to high or low tension line then its distance from the same shall be clearly indicated in the drawings.

(vii) Indemnity Bond (original) to take care of any loss or injury due to accident caused by the tower (including a declaration to the effect that the applicant shall take special precaution for fire safety and lightning and he shall be solely responsible for paying all kinds of compensation and damages andwould be responsible for any civil or criminal case arising. there from).

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(viii) No objection Certificate (if required) issued by

(a) The Andhra Pradesh State Disasters Response & Fire Services Department,

(b) The Andhra Pradesh State Environment and Forest Department.

(c) Copy of SACFA clearance or copy of SACFA application for the said location submitted to WPC wing of DoT with registration number as WPC acknowledgement along with undertaking that in case of any objection/ rejection, TSPs/IPs will take corrective actions/ remove the tower.

(d) Copy of Access Service License/ IP Registration certificate from Department of Telecommunications.

(ix) Permit Fee and charges as fixed by the Government from time to time (Appendix-D) and for Installation of Telecom Infrastructure Towers which are covered by interim orders of Hon’ble High Court, it would be subject to final outcome of Writ Petitions.

(x) Copy of certificate issued by Automotive Research Association of India(ARAI) to the manufacturers of the DG sets [The DG sets used shall be as per the provisions under Environment (protection) Act 1986 & noise pollution (Regulation & Control) Rule 2000 as amended from time to time.] is to be submitted by the Telecom Service Providers/ Infrastructure Providers.

(xi) Acknowledgement receipt issued by TERM Cells (DoT) of the self certificate submitted by Telecom Service Provider/Infrastructure Provider in respect of mobile tower/BTS (ground based/rooftop/Pole/wall mounted) in the format as prescribed by TEC, DoT, establishing / certifying that all General Public areas around the tower will be within safe EMR exposure limit as per peak traffic measurement after the antennae starts radiating.

D. Scrutiny and Disposal of Application: (i) The Sanctioning Authority shall issue or refuse the permit, not later than 30 days from the date of receipt of application along with the plans and documents as at rule C. In case of refusal, the reasons for the same shall be clearly mentioned. And if no permission or refusal is accorded within 30 days, the permit is deemed to have been accorded, provided that, the said installation shall comply all of these guidelines, including providing of completion certificate.

(ii) The permit issued shall be a work permit and the construction or erection of telecommunication tower or telecommunication pole structures or accessory rooms essential for the use of such tower or pole structures shall be completed within one year from the date of issue of such permit.

(iii) The period of the permit shall be extended for a further period of one year if an application for the same is submitted to the Sanctioning Authority, within the valid period of the permit duly paying 25% of the prescribed fee and charges and in the prescribed form as at Annexure B duly attaching the original permit.


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E. Restriction to erect Telecommunication Infrastructure Towers: (i) Water Bodies (1) No building or TIT shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/ shikam lands. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake / Kunta shall be reckoned as measured and as certified by the Irrigation Department and Revenue Department. (2) No building or TIT shall be carried out within: (a) 100m from the boundary of the River outside the Municipal Corporation / Municipality / Nagara Panchayat limits and 50m with in the Municipal Corporation / Municipality / Nagara Panchayat limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department. (b) 30m from the FTL boundary of Lakes / Tanks / Kuntas of area 10Ha and above. (c) 9m from the FTL boundary of Lakes / Tanks / Kuntas of area less than 10Ha / shikam lands; (d) 9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m. (e) 2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10m. (f) In all Parks, Playgrounds and Public Open Spaces.

(ii) Railways

The distance between the Railway Property Boundary and the TIT shall be 30m as per Indian Railways Works Manual or as per no objection certificate (NOC) given by the Railway Authorities.

(iii) Electrical Lines

The distance of tower from electric line or pole or tower thereof shall not be less than height of tower plus requisite safety distance from respective high tension or low tension line i.e. a minimum safety distance (both vertical and horizontal) of 3m shall be maintained between the building/TIT and the High Tension Electricity Lines and 1.5m shall be maintained between the building/TIT and the Low Tension Electricity Lines.

(iv) Airport (a) Within the Restricted Zone / Air Funnel Zone near the airport, necessary clearance from the concerned Air Traffic Controller, Airport Authority shall be obtained. (b) The building / TIT heights and other parameters shall be regulated as per the stipulations of the Airport Authority of India as notified in Gazette of India Extraordinary (S.O.1589) dated 30-06-2008 and as amended from time to time by Ministry of Civil Aviation, Government of India. (c) Irrespective of their distance from the aerodrome, even beyond 22km limit from the Aerodrome Reference Point, no radio masts or similar installation exceeding 152m in height shall be erected except with the prior clearance from Civil Aviation


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Authorities. In respect of any land located within 1000m from the boundary of Military Airport no building/TIT is allowed except with prior clearance from the concerned Air Traffic Controller, Airport Authority with regard to building height permissible and safe distance to be maintained between the building/TIT and boundary of the aerodrome.

(v) Defense Establishments (a) In case of Sites within 500m distance from the boundary of Defense Areas / Military Establishments prior clearance of Defense Authority shall be obtained.

(b) In case of Naval Science and Technological Laboratory (NSTL),Visakhapatnam, no building/ TIT shall be allowed with in a distance of 20m from the boundary wall of NSTL, Visakhapatnam.

(vi) Oil / Gas Pipelines In case of Sites in the vicinity of Oil / Gas pipelines, clearance distance and other stipulations of the Respective Authority shall be complied with. The Oil / Gas Authorities shall also specify the clearances required stretch wise to Local Body.

(vii) Heritage Structures

In case of Sites located within the distance up to 100m from protected monuments as notified under Archeological Monuments and Ancient Sites and Remains Act 1955 and as amended no building / TIT is allowed only after obtaining prior clearance from the Archaeology Department. (viii) Base station Antennas should be avoided in narrow lanes (less than or equal to 5 meters). (ix) In respect of rooftop towers with multiple antennas, the roof top usage should be discouraged for longer duration. (x) In case of Wall Mounted/ Pole mounted Antenna, the antenna should be mounted at least 5 meters above ground level/ road level on flyovers.

F. Basic requirements to erect Telecommunication Infrastructure Towers:

(i) Setback for ground based Tower/Room:

(a) The minimum setback for the accessory room/ground based tower shall be as required under the Andhra Pradesh Building Rules, 2012 subject to condition that it shall be a minimum of 3m all-round, after leaving the road widening portion as per Master Plan / Zonal Development Plan / Town Planning Scheme / Road Development Plan or any other scheme. (b) In respect of roof tower the towers shall be erected after leaving road widening portion if any as per Master Plan / Zonal Development Plan / Town Planning Scheme / Road Development Plan or any other scheme. (ii) Sharing of Sites: The Telecom Operators may share the towers for fixing their respective antennas. The same are however, required to adhere to the prescribed technical requirements, so as to curtail multiplicity of towers as well as to optimize the use of the existing ones. (iii) Installations:


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(a) In order to avoid any eventuality due to thunder storm, lightning conductors shall be installed. (b) Generator set installed at the tower site to cater to the power requirements of the antenna shall conform to the noise and emission norms prescribed by the Andhra Pradesh Pollution Control Board.

(iv) Protection from lightening: Every Telecommunication Infrastructure Tower shall be provided with protective wall, protection from lighting, warning lights and colour specifications conforming to I.S. 2309-1989-Code of Practice (Appendix-E) and as per the DoT Guidelines.

(v) Damage and liability: The applicant/owner shall be responsible for the structural stability of the telecommunication Infrastructure tower and the building in which it is erected and for any damage caused due to inadequate safety measures.

(vi) Completion Certificate: (a) After completion of the work of the telecommunication tower or pole structure and accessory rooms as per permit, the applicant and the engineer shall submit to the Sanctioning Authority completion certificate as in Appendix-B along with a certificate of structural safety/stability of the tower and the building, if the tower or pole is constructed over a building. (b) The Sanctioning Authority shall, if satisfied that the work has been completed as per permit, issue use certificate as in Appendix-C within 15 days allotting a number, on the basis of which the authorities concerned shall allow power connection, etc. for use of the service. (c) If the Sanctioning Authority does not communicate the Use Certificate within 15 days, then the certificate deemed to have been issued.

(vii) Unauthorized Telecom Infrastructure Towers: The Commissioner/Vice Chairman of CRDA/ULB/UDA shall take necessary action on unauthorized Telecom Infrastructure Towers erected without valid permissions/ Completion Certificate, as per the Act provisions duly following the procedure.

5. Further, The Radiation norms given by DeITY have to be strictly followed by all Tower Infrastructure Service Providers and limit the Power Emissions/Radiations. All the complaints regarding radiation and radiation related technical details are being dealt by TERM cell of DOT and any citizen can approach the concerned TERM Cell of DOT with regard to grievance on any issues relating to radiation.

6. All the Commissioners of Municipal Corporations, Municipalities and Nagara Panchayats, the Commissioner, Capital Region Development Authority, and Vice- Chairmen of Urban Development Authorities, shall accord permission for clearance of installation of new Tele Communication Infrastructure Towers (TIT) which includes Ground Based Tower (GBT) / Roof Top Tower (RTT) / Roof Top Poles (RTP) / Cell Phone Tower (CPT), antenna fixtures, fabricated antenna, tower to install the telephone lines and transmission towers, by following the above said guidelines and other guidelines issued by Government of India from time to time.

7. A copy of this order is available in the Internet and can be accessed at the


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address http://goir.ap.gov.in/

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) GIRIDHAR ARAMANE

PRINCIPAL SECRETARY TO GOVERNMENT To The Commissioner, Printing, Stationery & Stores Purchase Department, Hyderabad (for Publication of the GO in Gazette and furnish 20 copies to Government and 200 copies to Director of Town & Country Planning, A.P. Hyderabad ). The Commissioner & Director of Municipal Administration, A.P, Hyderabad,. The Director of Town & Country Planning, A.P. Hyderabad, The Commissioner, Capital Region Development Authority, Vijayawada. All Vice Chairmen of Urban Development Authorities in the State through Director of Town & Country Planning, A.P. Hyderabad All Municipal Commissioners in the State through Commissioner & Director of Municipal Administration, A.P, Hyderabad The Chairman & Managing Director, APTRANSCO, A.P. Hyderabad, The Commissioner & Inspector General of Registration & Stamps, A.P Hyderabad. The Airport Authority of India, Begumpet, Hyderabad. The Director General of State Disaster Response & Fire Services, A.P., The Engineer-in-Chief (Public Health), A.P., Hyderabad The General Manager, South Central Railway, Secunderabad. The Member Secretary, A.P. Pollution Control Board, Hyderabad. The Managing Director, AP Housing Board, Hyderabad The Commissioner of Panchayatraj, A.P. Hyderabad. The Vice Chairman & Managing Director, Andhra Pradesh Industrial Infrastructure Corporation Limited (APIICL), Hyderabad All District Collectors in the State through Commissioner & Director of Municipal Administration, A.P, Hyderabad. Copy to: The IT&C Department, A.P Secretariat, Hyderabad. The Home (Fire Services) Department, A.P Secretariat, Hyderabad. The Irrigation Department, A.P Secretariat, Hyderabad. The Revenue Department, A.P Secretariat, Hyderabad. The PS to Secretary to CM / The P.S. to M (M.A). The P.S. to Principal Secretary to Government, MA & UD Dept. The Law (A) Department SF/SC

// FORWARDED :: BY ORDER // SECTION OFFICER


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Chapter 11

Street Vending


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10 Street Vending

There are 10 million street vendors in India, to regulate street vendors in public areas and to protect their rights, Parliament of India has enacted Street Vendors(Protection of livelihood and regulation of street vending)act, 2014 and state government has prepared framed rules and G.O. Ms. No. 137 was issued on 31-03-2017.


A B S T R A C T

MA & UD Department – The Andhra Pradesh Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 – Notification – Orders – Issued.

................................................................................................................................

MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (UBS) DEPARTMENT

G.O.Ms.No.137 Dated:31.03.2017

Read:

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Central Act No.7 of 2014).

* * *

O RDER:

The following Notification will be published in an Extra-ordinary Issue of

the Andhra Pradesh Gazette dated: 31.03. 2017.

N OTIFICATION

In exercise of the powers conferred by section 36 read with clause (a) of section 2 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act,2014 (Central Act No.7 of 2014), the Government of Andhra Pradesh hereby make the following Rules.

R ULES

1. Short title and Commencement

(i) These Rules may be called the Andhra Pradesh Street Vendors (Protection of


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Livelihood and Regulation of Street Vending) Rules – 2017.

(ii) It shall come into force from the date of publication of the Notification in

the Official Gazette.

2. Definitions – (1) In these rules, unless the context otherwise requires:-

(a) “Act” means the Street Vendors (Protection of Livelihood and Regulation of

Street Vending) Act,2014 (Central Act 7 of 2014); (b) “Appropriate Government” of Andhra Pradesh;

(c) ”Bye-laws” means the bye-laws made under section 37 of the Act.

(d) “Chief Executive Officer” means officer in charge of concerned Municipality or

Nagar Panchayat or Cantonment Board in the State as case may be;

(e) “festive market” means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services during festival season of the city or town and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(f) “Grievance Redressal Committee” means a committee constituted by the State

Government under sub-section (1) of section 20 of the Act;

(g) “Heritage Market” means a market which has completed more than fifty years in one place where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(h) “holding capacity” means the maximum number of street vendors who can be accommodated in any vending zone and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(i) “local authority” means a Municipal Corporation or a Municipal Council or a Nagar Panchayat, [or the Cantonment Board a civil area committee appointed under section 47 of the Cantonment Act, 2006] as the case may be or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending in that city or town;

(j) “mobile vendors” means street vendors who carry out vending Activities in designated area by moving from one place to another place vending their goods and services;


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(k) “Municipal Commissioner” means the commissioner of the Municipal Corporation or

of a Municipal council of a Nagara Panchayath of a City / Municipality in the State;

(l) “Municipal Committee” means a committee as prescribed under this rule – 6(i) to

decide an appeal of a street vendor as per section 11 and section 20 of the Act;

(m) “natural market” means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(n) “niche market” means a market where sellers and buyers have traditionally congregated for the sale and purchase of niche products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(o) “night bazaar” means a bazaar where sellers and buyers have traditionally congregated for the sale and purchase of products or services after evening i.e. during night and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(p) “notification” means a notification published in the Official Gazette and the term

“notify” shall be construed accordingly;

(q) “Plan” means the Plan made under First Schedule of section 21 of the Act;

(r) “planning authority” means an Urban Development Authority or any other authority in any city or town designated by the appropriate Government as responsible for regulating the land use by defining the precise extent of areas for any particular activity in the master plan or development plan or zonal plan or layout plan or any other spatial plan which is legally enforceable under the applicable Town and Country Planning Act or the Urban Development Act or the Municipal Act, as the case may be;

(s) “public purpose” includes in the context of the Act (i) widening of roads, streets, lanes; (ii) shifting the alignment of roads, streets, lanes; (iii) erecting of flyovers with or without clover leaves and slip down roads; (iv) erecting underpasses; (v) development of land owned by public authorities for some public projects; (vi) laying of water, storm water or sewer lines; (vii) erecting intermediate pumping stations for the services; (viii) any project related with public transport like BRTS, Metro, etc; (ix) erection of Economically Weaker Section (EWS) Housing; (x) Creation of Parks, Gardens and Recreational Area; (xi) Conservation of any eco


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system resource in that area and (xii) Any other developmental work taken by the local authority, the beneficiary of which will be the community at large.

(t) “Scheme” means the Scheme made under Second Schedule of section 38 of

the Act;

(u) “seasonal market” means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services during specific seasons and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(v) “Section” means section of the Act;

(w) “stationary vendors” means street vendors who carry out vending Activities on

regular basis at a specific location;

“street vendor” means a person engaged in vending of articles, goods, wares, food

items or merchandise of everyday use or offering services to the general public, in a

street, lane, side walk, footpath, pavement, public park or any other public place or

private area, from a temporary built up structure or by moving from place to place and

includes hawker, peddler, squatter and all other synonymous terms which may be

local or region specific; and the words “street vending” with their grammatical

variations and cognate expressions, shall be construed accordingly;

(y) “Town Vending Committee” means the body constituted by the appropriate

Government under section 22 of the Act;

(z) “vending zone” means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific use by street vendors for street vending and includes footpath, side walk, pavement, embankment, portions of a street, waiting area for public or any such place considered suitable for vending Activities and providing services to the general public.

(aa) “weekly market” means a market where sellers and buyers have weekly congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee;

(2) Words and expressions defined in the Act and used in these Rules shall have

the same meanings as respectively assigned to them in the Act.


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3. REGULATION OF STREET VENDOR

(1) The minimum age for street vendor for street vending –

Minimum age for street vendor shall be 18 years. It is preferable to have the main person conducting the street vending to be minimum 18 years of age, as it is appropriate as per Indian Contract Act. The regulation of street vendor is to be planned by identifying them properly through survey, online updating of data, issuing of identity card & vending certificate and issuing them by entering all primary details in a register and obtaining acknowledgement of the receipt of identity card and vending certificate. Before issuing of the same, the Municipal Commissioner should ensure the collection of registration fees and allotment of vending zone; which are essential.

(2). The Identity card and vending certificate are to be issued separately for residents and non-residents. For ascertaining residence, furnishing of Ration card or Voter card or Aadhar card is mandatory and the same is to be uploaded in the online software provided for the purpose. For consideration of non-residents their documents like Ration card or Voter card or Aadhar card are to be collected and furnished the same in the online software. Residential street vendors are to be considered for all schemes under financial, skill and social inclusion.

(3). Street Vendor Charter (sec.26.):

Every Town Vending Committee shall publish the street vendor’s charter specifying the time within which the certificate of vending shall be issued to a street vendor and the time within which such certificate of vending shall be renewed and other activities to be performed within the time limit specified therein as per section 26 of the Act.

(4). Prevention of harassment of Street Vendors ( Section 27)

Notwithstanding anything contained in any other law for the time being in force, no street vendor who carries on the street vending activities in accordance with the terms and conditions of his certificate of vending shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in force as per section 27 of the Act 2014.

(5). Penal Provisions ( Section 28)

If any street vendor, who indulges in vending activities without a certificate of vending; who contravenes the terms of certificate of vending; or who contravenes any other terms and conditions specified for the purpose of regulating street vending under this

Act or any rules or schemes made thereunder, he shall be liable to a penalty for each such offence which shall extend up to rupees two thousand only.

(6). Not to be construed ownership ( Section 29)

Nothing contained in this Act shall be construed as conferring upon a street vendor any temporary, permanent or perpetual right of carrying out vending activities in the


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vending zones allotted to him or in respect of any place on which he carries on such vending activity as per section 29 of the Act.

(7). Manner of relocating street vendor:

There is a need for regulation of street vending by way of designated ‘Restriction-free Vending’, ‘Restricted Vending’ and ‘No Vending’ Zones based on certain objective principles. Such regulation is consistent with the imperative to ensure free flow of traffic, smooth movement of pedestrians and maintenance of cleanliness and public hygiene while facilitating vendors / hawkers to sell goods / services at convenient locations frequented by the public. During the process some times, relocation of street vendor is essential but by following the systematic procedure such as issue of notice, hearing to street vendor and relocating him in the same area like adjacent streets or wherever the street vendor can be conveniently relocated.

(8). Principles of relocation subject to the following:

(i) relocation should be avoided as far as possible, unless there is clear and

urgent need for the land in question;

(ii) relocation can be taken up by ULB in road widening, traffic improvements

and in providing public amenities. Relocation can also be done at the times of public inconvenience and in the event of creation or improvement of infrastructure.

(iii) affected vendors or their representatives shall be involved in planning and

implementation of the rehabilitation project;

(iv) affected vendors shall be relocated so as to improve their livelihoods and

standards of living or at least to restore them, in real terms to pre-evicted levels. The TVC upon discussion with the representatives of the markets, accordingly take the decision on relocation. Mutually agreed place for relocation should be considered under the implementation of the rehabilitation program.

(v) livelihood opportunities created by new infrastructure development projects

shall accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure; The street vendors should be provided with space in the areas where there are malls, metros and buildings being constructed.

(vi) loss of assets shall be avoided and in case of any loss, it shall be

compensated;


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(vii) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act;

(viii) state machinery shall take comprehensive measures to check and control

the practice of forced evictions;

(ix) natural markets where street vendors have conducted business for over fifty

years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated. The municipal body shall prepare a list of such markets and declare them as “Heritage Markets”. The Municipal bodies in collaboration with the tourism department shall promote such markets as tourist markets.

(9). Manner of evicting a street vendor:

(1) The local authority may, on the recommendations of the Town Vending Committee, declare a zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors vending in that area, duly following 30 days notice, hearing to street vendor to be relocated and showing him a alternative place, where his / her livelihood will get protected.

(2) The local authority shall evict such street vendor whose certificate of vending has been cancelled under section 10 of the Act or who does not have a certificate of vending and vends without such certificate, after hearing to street vendor and vendor is without vending certificate, is to be done necessary registration is to be done duly following the procedure and collection of registration charges. (3) (3) (3) No street vendor shall be relocated or evicted by the local authority from the place specified in the certificate of vending unless he has been given thirty days’ notice for the same.

(4) A street vendor shall be relocated or evicted by the local authority physically, only after he had failed to vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice. However the relocation is to be done, where the livelihood of vendor shall not effect.

(5) Every street vendor who fails to relocate or vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice, shall be liable to pay for every day of such default, a penalty which may extend up to two hundred and fifty rupees, as may be determined by the local authority, but shall not be more than the value of goods seized.


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(10). Manner of giving notice for eviction:

30 days Notice is to be served to street vendor for relocation or eviction either at his / her vending place or at his / her residence mentioned in the certificate Format for issuing notice is in annexure.’

(11). Manner of evicting a street vendor physically on failure to evict:

The Town Vending Committee shall follow due procedure, while making eviction after serving 30 days notice and hearing. Any eviction is to be done by appointing a eviction officer and intimating the same to the nearest police station before eviction is made.

(12). Manner of seizure of goods:

If the street vendor fails to vacate the place specified in the certificate of vending , after the lapse of the period specified in the notice given under sub-section (3) of section 18 of the Act, the local authority, in addition to evicting the street vendor under section 18 of the Act, may, if it deems necessary, seize the goods of such street vendor duly appointing a officer for the purpose. The officer so appointed has to inform the police about the seizure and to seek the assistance of police if required.

Provided that where any such seizure is carried out, a list of goods seized shall be prepared and a copy thereof, duly signed by the person authorised to seize the goods, shall be issued to the street vendor.

(13). Manner of reclaiming seized goods:

The street vendor whose goods have been seized under Act, shall reclaim his goods in such manner, and after paying such fees of Rs. 500 but not more than the worth of goods seized.

Provided that in case of non-perishable goods, the local authority shall release the goods within two working days of the claim being made by the street vendor, and in case of perishable goods the local authority shall release the goods on the same day of the claim being made by the street vendor.

4. TOWN VENDING COMMITTEE

(1). Constitution of Town Vending Committee-

(i) In each local authority, the appropriate Government will constitute Town

Vending committee with following members:

All Municipalities except Municipal Corporations and Mission Cities : ( One

Chairman 10 members)

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S.No. Title Status Number Permanent /

Rotation

1 2 3 4 5

1 Municipal Commissioner Chairman 1 Permanent

2 Medical officer/Planning officer Member 1 Permanent

3 Town Project Officer/ Town

Mission Coordinator

Convenor 1 Permanent

4 Police Officer (Traffic) Member 1 Permanent

5 Banker/ Insurance Agency Member 1 Permanent

6 Street Vendors of different

businesses

Members 4 Rotation

7

Elected member of the local

authority

Member 1 Rotation

8 Representative of Non- Government Organization /

Community Based

Organization

Members 1 Rotation


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Municipal Corporations: (One Chairman 15 members)


Rotation

1 2 3 4 5


2 Medical officer/Planning officer Member 1 Permanent


Mission Coordinator



5 Banker Member 1 Permanent

6 Representative of Insurance

Agency

Member 1 Permanent

7 Street Vendors of different Members 6 Rotation

businesses

8 Elected member of the local

authority

Member 2 Rotation

9 Representative of Non-

Government Organization

Member 1 Rotation

10 Representative of Community

Based Organization

Member 1 Rotation

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Mission Cities: (One Chairman 15 members)


Rotation

1 2 3 4 5


2 Medical Officer Member 1 Permanent

3 Planning Officer Member 1 Permanent


Mission Coordinator



6 Banker Member 1 Permanent

7 Advocate Member 1 Permanent

8 Representative of Insurance

Agency

Member 1 Permanent

9 Street Vendors of different

businesses

Members 7 Rotation

10 Elected member of the local

authority

Member 2 Rotation

11 Representative of Non-

Government Organization

Member 1 Rotation

12 Representative of Community

Based Organization

Member 1 Rotation

(ii) The official members of Town Vending Committees shall be nominated by the

appropriate Government by designation.

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(iii) Non official members shall be elected / selected as per the procedure shown in

rule 4(2) and subsequently they shall be nominated by the appropriate Government.

(iv) Only in Mission Cities, if need be, more zonal vending committee can be

constituted by the local authority with the approval of the appropriate Government. In such case Deputy / Joint / Additional Municipal Commissioner of that area shall be a chairperson of the Town Vending Committee and all other members shown above shall be from that area only

(2). Mode of electing / selecting Non Official members –

(1) Elected members of the local authority will be decided by the latter in its general

Council.

(2) The local authority by resolution may decide, with the approval of appropriate

Government, for the mode of selecting/nominating the members from the Street Vender Associations, Market and Trade Associations, NGO, CBO, RWA etc. by following one of the two procedures:

(a). Full-fledged ballot based election

In case it is decided to go for a ballot based election for the non-official members of the Town Vending Committee, the institution wise election shall be conducted by the collector or his representatives. Following the steps usually adopted for the election of the local authority representatives.

(b). Selection by lot following a transparent procedure.

(i). The local authority shall publish a notice calling for applications for membership of Town Vending Committee, on its website and in any three prominent local newspapers published in the local language of the area. A copy of the notice shall also be put up in any conspicuous place in the local market or markets under the jurisdiction of the local authority.

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(ii). The aforesaid notice shall contain, amongst other things, the date of

publication of notice, prescribed form for the application, the last date for submission and the manner of submission of the application.

(iii). The aforesaid notice shall be published thirty days prior to the last date for the

submission of applications for membership of Town Vending Committee.

(iv) Any person, being a member of any association of street vendors, the market association, the traders association, non-governmental organization and community based organization and resident welfare organization may apply for membership of Town Vending Committee.

(v) The local authority shall seek information, with respect to, particulars of the

applicant and details of work experience, particularly in the area of informal market or markets and street vending within the jurisdiction of the local authority and such other information as it may deems fit.

(vi) On submission of the application form, the local authority shall allot each a

unique application number and communicate to all the applicants.

(vii) If application received for a particular category is more than the required numbers, the local authority shall select the member on the basis of lottery. Such lottery should be held in the presence of the interested parties.

( c ) The lead bank concerned shall nominate a suitable member for the Town

Vending Committee.

( d ) The local authority shall publish the aforesaid information and also the list of nominated members of Town Vending Committees on its website, within thirty days from the last date for submission of application forms for members of Town Vending Committees.

( e ) The formation of the Town Vending Committee including the elected members

should be published in the government gazette by the appropriate government.

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(3) Duration of Town Vending Committee:-

Term of a Town Vending Committee constituted under section 22 of the Act shall be for (three) years from the date of its constitution provided it is not dissolved by the appropriate Government as per rule 4(4). However, the process of constituting a Town Vending Committee shall be completed either before the expiry of its term or before the expiry of a period of six months from the date of dissolution.

(4) Dissolution of Town Vending Committee:-

If in the opinion of the appropriate Government, a Town Vending Committee persistently makes defaults in the performance of its imposed on it under the Act and these rules or exceeds or abuses its powers, the appropriate Government may, by order, dissolve such Town Vending Committee and constitute a fresh Town Vending Committee.

(5) Method of filling vacant post:-

Method of filling in vacant seat due to resignation, death, removal or any other

reason by following the procedure laid out in the rule 4(2) shall be followed.

Explanation – There is no bar to re-election Change of the seating member after two consecutive periods will be desirable, however he can be continued if there is no response to the fresh advertisement and further the seating candidate has no objection to continue. In case of no response from any fresh candidate and unwillingness of the existing member to continue, the government can nominate a suitable candidate of the group represented by the existing incumbent.

(6) Office procedure for Town Vending Committee :-

(a) In the first meeting, Town Vending Committee shall decide various procedural points relating to the conduct of its business, the details of which are listed hereafter.


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(i) Time and Venue of the meeting shall be decided by the Chairperson.

(ii) Member Convenor shall issue the notice before Seven days of

scheduled meeting.

Explanation – agenda of items may be circulated to the members and put up on official designated website. Each agenda item should be accompanied by a detailed note bringing out the issues involved with clear recommendation by the administration. The agenda papers including the notes should be in the local language.

(iii) Quorum shall be Minimum (2/3rd

) member of total strength of the Town Vending Committee.

Explanation – The rationale for suggesting quorum consisting of 2/3rd

of the membership is to ensure that no decision is taken with a comparatively lower number of members. The organization of street vending activity under the statute is first of its kind and there is an imperative need to secure the concurrence of the maximum number of members of the Town Vending Committees.

(iv). Decision will be based on the majority of present members.

(v). No meeting will be carried on in the absence of the quorum ( ie., 50% +

One members) and meeting will be adjourned if quorum is not satisfied.

(vi). Minutes of the meeting will be signed by the chairperson and would be put up in the subsequent meeting of the Town Vending Committee for confirmation.

(vii). Minutes of the meeting should be placed on the local body website or

Town Vending Committee may decide to have its own website.

(viii). Meeting of the committee should be held at least once in a month.


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(ix). Requisition meeting can be called by only chairperson on a specific issue rd

on the request of minimum (1/3 ) of the total members of Town Vending Committee. It has to be called within (72) hours after receiving the request for the same from the required number of members.

(x). The first meeting of the Town Vending Committee will be fixed within 15

days of the publication of the gazette notification.

(7). Leave of absence and disqualification of members :-

Leave of absence and disqualification of the members shall be decided by

Town Vending Committee in following manner –

(a). Member can remain absent in case of urgency with the approval of the

chairperson.

(b). When a member remains absent for three consecutive meetings without permission, Chairperson shall issue a show cause notice to the member asking him / her to explain the reasons for his / her absence within 2 weeks. If the member submits satisfactory reasons for absence he will be continued with warning but if fails to give any satisfactory reason or doesn’t reply to the show cause notice then his / her membership will be terminated from the committee.

(c). Any member convicted in any criminal case or makes persistent default in

his / her duties shall loose the membership of the Town Vending Committee.

(d). Any member found guilty of violating any provision of the Act shall loose

the member of the Town Vending Committee.

(e). Concern member can appeal to the appropriate Government against

Town Vending Committee decision and the decision of the appropriate

Government will be final after giving proper hearing to both the parties.

(8). Status paper and vending scenario shall be put up by the local authority:-

After the procedural details are finalized by the Town Vending Committee, and before it takes up the regular business, the local authority concerned should circulate a status paper of the street vending scenario in the city or town amongst


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the members of the Town Vending Committee concerned containing the following details:-

(i). Areas of street vending in the city / town indicated in the maps.

(ii). The number of street vendors in the city / town in case a survey has already been conducted, otherwise indication can be given about the approximate numbers.

(iii). Information should be given about the high footfall areas, learn

footfall areas and mid-range areas from the street vending angle.

(iv). Areas of seasonal vending, areas of niche market, areas of night bazaars, the likely high footfall places in the areas under development.

(v). Broad categories of articles sold.

(vi). Problem areas from the traffic angle.

(vii). Enumeration of the relevant provisions of the food adulteration Act.

(viii). Enumerations of health and hygiene aspects need to be taken care of by the street vendors.

Explanation – Caution should be taken to ensure that the data presented are authentic to the extent possible and up to date. This will virtually form the base level data facilitate the Town Vending Committee taking informed decisions. These databases can be presented in the digital form if so desired by the Town Vending Committee.

(9). Functions of Town Vending Committee:-

Without prejudice to any other provisions of the Act, a Town Vending Committee shall performed following functions:-

(i). To conduct surveys for street vending and final decision about vending

zones along with their holding capacity as worked out by the local authority as per the scheme framed under section 38 of the Act.


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Explanation – For deciding the vending zones, the Town Vending Committee will have the base materials / data from the local authority. The Bye-Laws (Regulations) and the planning will identify the vending zones.

(ii). In case the Town Vending Committee has got any points to be made about the zoning or about the area to be allotted to each individual vendor it may draw the attention of the planning and local authority to suitably modify the plan. After obtaining the opinion of the authority, the Town Vending Committee shall take an appropriate decision.

(iii). While making recommendations and suggesting changes about the vending zones the Town Vending Committee will have to take into consideration the road width, traffic flow and the pedestrian movement in the area concerned.

(iv). Issuing, withholding, suspending and cancelling of the vending certificate.

(v). Getting the social audit initiated on the implementation of Act.

(vi). On the recommendation of the local authority, Town Vending Committee will declare the Natural market, Weekly market, Heritage market, Festive market, Seasonal market, Night bazaar and Niche market with their exact location and specific period in case of Seasonal market or Festive market. In case, new such markets are evolving, the Town Vending Committee should get the necessary survey carried on of the area and such other aspects as it deems necessary and declare he place a market, of any of the earlier mentioned category, depending on the situation.

(vii). To furnish from time to time to the appropriate Government such

returns as may be prescribed under the Act and these Rules.

(viii). To provide comments to the appropriate Government for undertaking promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors.

(ix). To raise awareness people of role of street vendors in the economy.

(10). Smaller committees for specific issue:-

The Town Vending Committee can decide to form a smaller committees consisting of its members to examine and come up with suggestion on any specific issue which might crop up in this context from time to time.

(11). The allowances to chairperson and members :-


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No sitting fee is required to be paid to Chairman and other public representatives, Government officials etc.,. However, members of Street Vendors / Associations / Members of NGOs / CBOs will be paid sitting fee of Rs. 100/- and this expenditure shall be met from the general funds of ULB.

(12). The manner and the purpose for which a person may be associated :-

Town Vending Committee can associate any known expert in the field of informal economy including street vending / spatial planning issues for taking a view on matters relating to street vending. Such an expert will have the right to take part in the discussions but cannot take part in the voting. He will be paid the honorarium as decided by the Chairperson.

(13). The other employees of Town Vending Committee :-

Town Vending Committee should have its permanent office in the space allotted by the local authority. Local authority will provide adequate staff as requested by the Town Vending Committee but no permanent burden should be created by the Town Vending Committee on account of the establishment cost.

5. DISPUTE REDRESSAL SYSTEM

(1). Constitution Dispute Redressal System:-

There shall be a Grievance Redressal Committees (GRCs) in the State for each

local authority in the following manner:-

(i) States having defined regions / divisions, the regional / divisional headquarters shall be the seat of Grievance Redressal Committees, elsewhere the State Government shall decide the seating place of Grievance Redressal Committees clubbing three or four nearby districts and selecting such site having the best connectivity.

(ii) The aggrieved street vendor has to file his/her grievance in that Grievance Redressal Committee in which his/her local authority area falls.

(iii) Government shall appoint a retired civil judge or a retired judicial magistrate as a chairperson of a Grievance Redressal Committee. A retired Deputy Municipal Commissioner of a Municipal Corporation or retired Chief Executive Officer of Municipality in the region may be appointed as second member of the committee whereas a prominent social worker, preferably having experience in the field of informal economy including street vending in the same region may be appointed as the other member of the committee by the appropriate government.


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(iv) The tenure of Grievance Redressal Committee will be for a period of (three) year or till such time as government appoints a new committee.

(v) Every street vendor who has a grievance or dispute shall make an application in writing to the committee constituted to such form annexed and submit the same along with non judicial stamps worth of Rs.50.

(vi) On receipt of grievance or dispute, the Grievance Redressal Committee shall, after verification and enquiry in such manner within (10) days from the date of application, take steps for redressal of such grievance or resolution of such dispute.

(vii) Any person who is aggrieved by the decision of the committee may prefer an appeal to the local authority in such form annexed, within 15 days from the date decision along affixing with Rs.100 non-judicial stamps.

(viii) The local authority shall dispose of the appeal received within (15) days from the date of receipt of appeal by conducting due verification and enquiry. Provided that the local authority shall, before disposing of the appeal, give an opportunity of being heard to the aggrieved person.

(2) The form and the manner of making application :-

(i) Every Street Vendor who has a grievance under the Act, except specified in section 11, may file an application in writing in Form - A, himself or through his affiliated Union, specifying his/her name, place of residence and details of the grievance.

(ii) Application shall have to be filed by a street vendor within 30 days

from the date of occurrence of any incident causing the grievance.

(3) The manner of verification and enquiry on receipt of grievance or dispute, the

time within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken.

(i) The street vendor may pray for interim relief during the pendency of the application. On receipt of an application, the Committee shall hold a preliminary hearing with the applicant to determine whether there is a prima facie case.

(ii) The result of the preliminary hearing shall be pronounced at the conclusion of the hearing and recorded in writing. the Committee may grant or refuse the interim relief, if any, prayed by the street vendor, with reasons recorded in writing.


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(iii) the aforesaid order shall be communicated to the street vendor and where it is held that there is a prime facie case, a notice shall also be issued to the appropriate authority containing the details of the grievance.

(iv) the appropriate authority shall file a written reply within four weeks from the date of receipt of the notice. A copy of the reply shall also be furnished to the street vendor, free of cost.

(v) the street vendor may file a reply to the aforesaid written reply within a period of two weeks from the date of receipt of the written reply.

(vi) The Committee will give personal hearing to both parties and shall pass an order in writing, with reasons for taking the decision within one month.

6. APPEALS (1) Municipal Committee to hear appeal :-

Municipal Committee of three member presided by the Mayor / President shall be constituted by the local authority in the general board meeting to work as appellate authority to resolve the appeal of the street vendor under section 11 and 20 of the Act.

(2) Appeals against Town Vending Committee :- An applicant, who is aggrieved by any decision of the Town Vending Committee with respect to issue of certificate of vending or cancellation or suspension of certificate, may appeal to the Municipal Committee constituted by the local authority concerned within (1) month of the decision of the Town Vending Committee in the prescribed Form – B. The Municipal Committee shall have to dispose his/her appeal within

(1) month from the application date either by rejecting or accepting it with a speaking order on applicant’s representation after giving him a personal hearing.

(3) Appeals against Grievance Redressal Committee :- (i) Any person aggrieved by the aforesaid order, may file an appeal

in writing to the Municipal Committee of the local authority concerned. Such appeal shall contain the name, age and address

of the aggrieved person, details of the order issued by 18

the Committee and grounds for appeal in Form-C. The appeal shall be accompanied by the a copy of the order and a copy of the vending certificate of the street vendor, if issued.

(ii) No appeal shall be filed later than (30) days from the date of

the order of the Grievance Redressal Committee.


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(iii) On receipt of the appeal, the Municipal Committee of the local authority shall issue a notice to the parties concerned intimating the date and time of hearing.

(iv) The parties shall appear before the Municipal Committee on the date appointed for hearing, which shall not be later than (30) days from the date of filing of appeal.

(v) the Municipal Committee shall pronounce its order after giving

both parties an opportunity of being heard within (30) days.

7. MISCELLANEOUS (1) The manner of maintaining up to date record of all street vendors

under :-

(i) Paper Records of the Town Vending Committee shall be

maintained by its secretariat in the place allotted by the local body and the soft copy should also be suitably maintained. All decision taken by the Town Vending Committee shall be placed on designated website.

(ii) The records relating to the allotment of the space to the street vendors shall be kept for (10) years. Other records may be preserved for a period of (5) years unless those are needed for any legal proceedings.

(iii) The street / road plan with the existing site of the street vending

shall be permanent record with the Town Vending Committee.

(2) The manner of publishing summary of scheme :-

The section 38 of the Act envisages formation of various schemes to facilitate street vendors and street vending. The Town Vending Committee shall have to got it prepared such schemes by the local authority and ensure to publish the summary of those schemes in the three local newspapers and shall also be uploaded on official website of Town Vending Committee after the State Government publishes the notification specifying the schemes. Publications of the Schemes have to be made within seven days from the date of its notification by the State Government.


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(3) To furnish the returns to appropriate Government -

Every Town Vending Committee will furnish the require details as prescribed

in Form – D to the appropriate Government as returns periodically.

(4) The annual Report –

Annual report shall be prepared within 3 months after the completion of the

financial year and should be uploaded on the designated website.


R.KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

To

The Commissioner, Government Printing Press, Muthyalampadu, Vijayawada.

The Director of Municipal Administration, Guntur.

The Mission Director, MEPMA, Guntur.

Copy to:

The OSD to Hon’ble M(MA)

The P.S. to Chief Secretary to Government.

The P.S. to Principal Secretary to Government, MA & UD Department.

Sc/Sf

//FORWARDED BY ORDER//

ASSISTANT DIRECTOR


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FORM – A

(See rule 5(2)

APPLICATION TO THE GRIEVANCE REDRESSAL COMMITTEE BY

THE AGGRIVED STREET VENDOR

1. Name of applicant :

2. Address for correspondence :

3. ID number given by local authority (if issued) :

4. Date of issue of certificate for vending :

5. Place / location of vending :

6. Zone / Ward of vending :

7. Nature of vending :

i. Mobile :

ii. Stationary:

iii. Any other (Please specify)

8. Grievance against which authority :

9. Details of Grievance (Give full details) :

10. Documents supporting Grievance :

I, , the applicant, do hereby solemnly declare

that what is stated above is true to the best of my information and knowledge.

Place:

Date :

Signature of applicant

Note: Please attach all the relevant documents with the application.

If required, to give full details of grievance, separate pages may be attached.


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FORM – B

( See rule 6(2)

APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE

TOWN VENDING COMMITTEE BY THE AGGRIVED STREET VENDOR

1. Name of applicant : 2. Address for correspondence : 3. ID number given by local authority ( if issued ) : 4. Date of issue of certificate for vending : 5. Place / location of vending : 6. Zone / Ward of vending : 7. Nature of vending : 8. Mobile : 9. Stationary : 10. Any other (Please specify) : 11. Order of Town Vending Committee against which this appeal : 12.Rejection of Vending certificate : 13. Cancellation of Vending certificate : 14. Suspension of Vending certificate : 15. Details and ground of Appeal (Give full details ) : 16. Documents supporting Appeal :

17. 17.

18. I, , the applicant, do hereby solemnly declare that what is stated above is true to the best of my information and knowledge. Place:

Date: Signature of applicant

Note: Please attach all the relevant documents including order of Town Vending Committee with the application. If required, to give full reasoning of appeal, separate pages may be attached.


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FORM – C

( See rule 6 (3)

APPEAL TO THE LOCAL AUTHORITY AGAINST THE DECISION OF THE

GRIEVANCE REDRESSAL COMMITTEE BY THE AGGRIVED STREET VENDOR

1. Name of applicant : 2. Address for correspondence : 3. ID number given by local authority (if issued ) : 4. Date of issue of certificate for vending : 5. Place / location of vending : 6. Zone / Ward of vending : 7. Nature of vending : i. Mobile : ii. Stationary : iii. Any other (Please specify) : 8. Decision of Grievance Redressal Committee against which appeal is filed: 9. Details and ground of Appeal (Give full details) : 10.Documents supporting Appeal :

I, , the applicant, do hereby

solemnly declare that what is stated above is true to the best of my

information and knowledge.

Place:

Date: Signature of applicant

Note: Please attach all the relevant documents including order of

Grievance Redressal Committee with the application.

If required, to give full reasoning of appeal, separate pages may be attached


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FORM – D

( See rule 7 (3)

PERIODICAL DETAILS TO BE FURNISHED TO THE GOVERNMENT

(Municipal Corporation / Municipality / Nagar Panchayat /

Cantonment Board) hereby submit following details as per the rule 25 of the Act for

quarter ending (March / June / September / December), 20 .

A. Details of certificates issued, rejected, cancelled and suspended

Details Applications Accepted/Issued Rejected Cancelled Suspended

Pending at the

beginning

Newly received

Total

Cleared during

this quarter

Pending at the

end of quarter

Mission Director

MEPMA.


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Chapter 12

Enforcement Actions


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11 Enforcement Actions 12.1 Unauthorised Constructions:

Unauthorised constructions means the construction or reconstruction, addition or alternations which is not approved or sanctioned by the concerned authority. i. I dentification of U.C’s:

The Ward Planning and Regulation Secretary shall make necessary daily rounds / inspections in their respective Ward Jurisdiction and identify the unauthorized constructions/deviations to sanction plans.

ii. I ssue of Notices / Demolition: U nder A.P Municipal Corporation Act 1955. a. Show Cause Notices should be issued under section452 of Municipal Corporations Act 1955 for unauthorized constructions. b. Final Notice under section 636 of Municipal Corporation Act 1955 should be issued and take further action for demolition if the party doesn’t give reply / failed to show sufficient cause. c. Sealing of Premises under section 461-A of Municipal Corporation Act 1955.

U nder A.P Municipalities Act, 1965.

a. Show Cause Notice (Provisional Order Notice) under section 228 -1 & 2 of APM Act, 1965 for unauthorized constructions. b. Final Notice (Confirmation Notice) under section228(3) of APM Act, 1965 and take further action and demolition if the applicant fails to give reply / show sufficient cause. c. Sealing of Premises under section 340-A(1) of APM act, 1965.

U nder Andhra Pradesh Capital Region Development Authority (APCRDA Act, 2014):

a. Show Cause Notice under Section 115(1) of AP CRDA Act, 2014. b. Final Notice (Confirmation Notice) under Section 115(3) of AP CRDA Act, 2014. c. Sealing of Premises under Section 116(14) of AP CRDA Act, 2014.

U nder Andhra Pradesh Metropolitan Region and urban Development Authorities(APMR&UDA A ct, 2016):

a. Show Cause Notice (Provisional Order) under Section 89(1) of APMR&UDA Act, 2016. b. Final Notice (Confirmation Order) under Section 89(3) of APMR&UDA Act, 2016. c. Sealing of Premises under Section 90(4) of APMR&UD Act, 2016. iii. L egal Action:

U nder A P Municipal Corporation Act, 1955:

Under Section 595 and 596 of APMC Act, 1955.

U nder Andhra Pradesh Municipalities Act, 1965:


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Under Section 340 of APM Act, 1965 (Penalty for Unlawful Building).

Under Andhra Pradesh Metropolitan Region and urban Development A uthorities(APMR&UDA Act, 2016):

Under Section 88 of APMR&UDA Act, 2016.

A. E ncroachments – Identification and Removal: The Ward Planning and Regulation Secretary shall identify the encroachments in the road margins / municipal lands / open spaces / parks / playground. The Municipal Commissioner has got powers to remove the encroachments under Section192 and 194 of APM Act, 1965 without giving any notice to the encroacher. B. P rotection of Public Properties: i. L ayout Open Spaces:

The Ward Planning and Regulation Secretary shall list out the all approved layouts and identify the open spaces earmarked in the approved layouts. They should take necessary action for protection from any sort of encroachment by providing sign boards(This Property belongs to Municipality/Corporation tress passers will be prosecuted).

ii. M unicipal Properties:

The Ward Planning and Regulation Secretary should identify all municipal properties like ward offices buildings / library buildings / municipal community halls / property tax collection centers / municipal anganavadi buildings / municipal vacant lands etc., and they should maintain immovable property register.

iii. G overnment Lands:

The Ward Planning and Regulation Secretary should obtain the list of all Government lands from the Thasildhar of the respective mandal and see that Government lands are protected from the encroachments with the help of Revenue Department.

iv. W ater Bodies:

The Ward Planning and Regulation Secretary should obtain list of all water bodies / kuntas / cheruvu / canals / vagu from the concerned Revenue / Irrigation Department and they should be protected from encroachments.

v. H eritage Structures: The Ward Planning and Regulations Secretary should obtain list of all Heritage Structures in their respective Ward Jurisdictions.


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Chapter 13

Road Widening


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12 Road Widening Preparation of Road Development Plans/ Circulation network plans

The Ward Planning and Regulation Secretary should identify all Master Plan Roads and important roads in their respective ward jurisdiction and initiate action for preparation of Road Development Plans / Circulation network plans if already not done by the ULB.

Identification of Properties affected in Road widening:

The Ward Planning and Regulation Secretary should identify the properties affected in the road widening as per the approved Road Development Plan and list out ownership details / road affected portion etc., as per the prescribed proforma.

Negotiations with property owners and obtaining consents / Obtaining Registered Gift Deeds / Issue of TDR:

The Ward Planning and Regulation Secretary should start negotiations with the property owners by explaining TDR policy and concessions given by the Government in lieu of surrendering the property free of cost to ULB and obtain written consent / Gift Deed from the property owners for each road.


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Chapter 14

Transferable Development Rights (TDR)


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13 Transferable Development Rights (TDR)

Transferable Development Rights (TDR) is compensation in the form of development rights or awarding additional built up area which shall entitle the owner of the site or plot to sell or dispose or utilise elsewhere, whose site or plot is required to be set apart or affected for a community amenity or development for public purpose in the master plan or in road widening or covered in recreational use zone etc. This award shall be issued in the form of a TDR certificate by the Competent Authority.

Importance of TDR

It is observed that at present the implementation of Master Plans are not up to the mark. The TDR policy will act as catalyst in implementation of Master Plan Preparation.

Grant of TDR

(1) Transferable Development Rights” (TDR) can be awarded only when such lands are transferred to the local body/Development Authority as the case may be by way of registered gift deed. The award would be in the form of a TDR Certificate issued by the Competent’ Authority.

In case of Nagar Panchayats and Municipalities, the Competent Authority shall consult the Regional Deputy Director of Town Planning Concerned before issuing of TDR.

(2) Grant of TDR can be considered by the Competent Authority for the following areas, as per the following norms: TDR Permissible: Four times land surrendered.

(a) For the Master Plan Road / Road Development Plan undertaken and developed / Circulation network/any development for public purpose in Master Plan/peripheral road in group development schemes equivalent to 400% of such area surrendered.

(b) if a Site is abutting to a road which is less than 9m in width, a building may be permitted with a maximum height of 10m in such sites by insisting widening of road to 9m or lesser width as per the circulation network approved by the Competent authority. The site affected in such cases shall be handed over to the Local Body/UDA/APCRDA through registered gift deed for which relaxations can be considered in situ as prescribed in these Rules. TDR generated in such sites will not be allowed to utilize for construction of additional built-up area in congested areas. Buildings upto 18m height may be permitted in the sites of Category–A if the site is having access through the existing 12m wide road.

(c) In case of Electricity Tower lines, the land all along below the tower line shall be developed as green belt to an extent of the width of tower base and on either side of green belt there shall be a minimum of 10m wide roads or as defined in the Master Plan. Wherever the road is not feasible on either side of Tower lines, green belt can be provided


260

and this will be in addition to 10% open space to be provided as per the rules and such cases, TDRs as applicable to road widening cases shall be given.

However, in following cases:

(d) For conservation and development of lakes / water bodies / nalas foreshores & Recreational buffer development with greenery/ Roads on either side of Electrical Tower lines and clearance distance left for oil/gas pipelines: equivalent to 200% of such area surrendered.

(e) For Heritage buildings and heritage precincts maintained with adaptive reuse: equivalent to 100% of built up area of such site area.

(f) An Additional Transferable Development Rights (TDR) of 15%, 10% and 5% of the surrendered land area for parks and recreational open spaces shall be allowed to the land owners as an incentive who submits the proposal for grant of Transferable Development Rights (TDR) within 1 year, 2 years and 3 years respectively from the date of approval of Master plan. This will enable for speedy implementation of master plan for improving lung spaces and public amenities.

(g) If any contiguous land of the same owner/developer, in addition to the land under surrender for which Transferable Development Rights (TDR) is to be granted, remains unbuildable, the Competent Authority may grant Transferable Development Rights (TDR) for such remaining unbuildable land also if the owner/ developer hands it over free of cost and free from all encumbrance and encroachment. If such land is from the proposed roads then such land shall be utilised for road side parking, garden, open space or road side amenities including bus bays, public toilets or any compatible user as the Competent Authority may decide and if the such land is from the proposed reservation then same shall be included in such proposed reservation and shall be developed for the same purpose. The Competent Authority shall quarterly report such cases to Director of Town and Country Planning.

(h) In the layout, if the site earmarked for roads, Open space and site required for utilities is more than 50% due to Master Plan land uses and roads of 18.0 m and above, the applicant is entitled to receive Transferable Development Rights (TDR) for such excess area at 1:2 ratio.

(3) The TDR may be arrived at on the basis of relative land value and equivalent amount in both export and Import areas, as per the Registration Department records at the time of utilization. The Competent Authority shall have the discretion in the matter of applicability of TDR shall be considered only after the land is vested with the Local Authority/Development Authority. The TDR certificate issued can be permitted to utilize/ dispose for construction of additional built-up area in any ULB/Development Authority


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(DA) (except capital city) as per guidelines and conditions prescribed by the Appellate Authority.

(4) If the applicant is aggrieved by the decision of the competent authority regarding grant or utilisation of TDR, an appeal can be preferred to the appellate authority and decision of appellate authority shall be final.

Eligibility for TDR

CASES ELIGIBLE FOR TRANSFERABLE DEVELOPMENT RIGHTS (TDR)

Compensation in terms of Transferable Development Rights TDR) shall be permissible for

(i) Lands under various reservations for public purposes, new roads, road widening etc. which are subjected to acquisition, proposed in Draft or approved Master Plan(GTP Scheme), prepared under the provisions of the APTP Act, or APMRUDA Act or APCRDA Act.

(ii) Lands under any deemed reservations according to any rules prepared as per the provisions of APTP Act, or APMRUDA Act or APCRDA Act.

(iii) Lands under any new road or road widening proposed under the provisions of the relevant Acts.

(iv) Development or construction of the amenity on the reserved land; (v) The purposes as may be notified by the Government from time to time, by way of,

modification to, new addition of, any of the provisions of sanctioned Development Control Rules.

(vi) unutilized Built up area of any structure or precinct which is declared as Heritage structure or Precinct under the provisions of Development Control Rules, due to restrictions imposed in that regulation;

(vii) in lieu of constructing housing for slum-dwellers according to rules.

CASES NOT ELIGIBLE FOR TRANSFERABLE DEVELOPMENT RIGHTS (TDR)

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances:-

(i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means;

(ii) Where award of land has already been declared and which is valid under the land Acquisition Act, 1894 or the Right to Fair Compensation & Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

(iii) In cases, where layout has already been sanctioned and layout roads prior to these rules.


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(iv) In cases where layout s submitted along with proposed development plan road, in such cases

TDR shall not be permissible for the width of road that would be necessary according to the length as per Development Control Rules;

(v) If the compensation in the form of BUILT UP AREA/or by any means has already been granted to the owner.

(vi) Where lawful possession including by mutual agreement /or contract has been taken. (vii) For an existing user or retention user or any required compulsory open space or recreational

open space or recreational ground, in any layout. (viii) For any designation, allocation of the use or zone which is not subjected to acquisition.

However, such cases may be considered with prior approval of the appellate authority. (ix) For grant of TDR, the date of execution of Registered Gift Deed or date of vesting of land with

the authority whichever is earlier shall be taken into consideration and TDR shall be considered as per the rules prevailed as on the such date.

(x) Sites already surrendered for road widening under LRS:- Laying or purchasing site in unauthorised layout is an offence and violation of Act provisions. The Government taking a lenient view, granted approval of Regularisation of site under layout Regularisation Scheme (LRS) and the site taken over in lieu of site approval under LRS is with mutual agreement. Hence, in such cases, grant of TDR shall not be considered.

(xi) Site already surrendered while obtaining CLU approval:- variation of land use to the sanctioned land use in Master Plan is violation of Zoning Rules and Act provisions. Government on various grounds considering change of land use proposals and any site surrendered in lieu of change of land use approval is with mutual agreement and as such the grant of TDR shall not be considered.

(xii) Site already surrendered prior to TDR concept:- The TDR concept has came into force with prospective effect only and the sites if any surrendered for public purpose prior to TDR concept might be depending on the conditions prevailed on that day and surrendered wilfully, without any condition, grant of TDR for the sites surrendered prior to TDR Policy shall not be considered. However, in such cases, If owner applies for TDR, same may be considered with prior approval of Government for grant of TDR equivalent to the area surrendered based on the merits.

Yearly Action Plan

TDR is treated as High Risk considering its value and number of properties. As such the following procedure shall be followed;

The Component Authority shall identify the component wise details proposed for procurement by issue of TDR or land Acquition for implementation of Master Plan in consultation with RDDTP concerned and shall submit to DTCP along with cost of implementation at the beginning of every calendar year. The DTCP shall examine the same yearly action plans with


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reference to Master Plan or Statutory Plan and prioritize the components may modify or add ay component to ensure effective implementation of Master Plan in true spirit. TDR shall be considered only for such components covered in the Action Plan approved by DTCP. However, if it is necessary to acquire any property by issue of TDR other than covered in the action plan, the same shall be get approved by the DTCP before processing for TDR. Further, for surrendering of site for Road Widening/any Public purpose during the course of Building approval, TDR may be considered without reference to yearly Action Plan.

Compliance report of the said action plan shall be submitted to DTCP at the year end/Quarterly for assessment.

a) List of new roads with road names, length of the roads, width of the road etc. b) List of road proposed for road widening to be taken up as per Master Plan or any other

statutory plan with details of length of road, existing width, proposed width, number of properties affected, approximate extent of land required for road widening.

c) List of sites proposed for procurement as per Master Plan with details of s.no., extent, location etc.

Role of Director of Town and Country Planning (DTCP)

a) To monitor the implementation of the policy in all ULBs and DAs b) To issue necessary guidelines and clarifications time to time. c) To approve yearly Action Plans and monitor its implementation d) To identify and suggest implementation of any Master Plan Proposals by utilising TDRs e) To dispose appeals in matters of TDR.

Submission of Requisite Documents

Documents to be submitted along with Application for Grant of Transferrable Development Rights Certificate:

Application to be made by owner in the prescribed format giving the following details:

1) Name of the owner with clear address, contact phone number & email etc.

2) Copy of the ownership documents along with clear site plan and location plan.

3) Site Plan showing the land surrendered, its extent, location with dimensions.

4) Building permission Plan for the site by the urban local body. If available.

5) Details of Building permission granted / applied for like use or purpose of building, number of floors permitted, all-round setbacks, floor area permitted and utilized, parking area permitted; etc.


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6) Whether already benefit of relaxations been utilized for the site?

7) Whether any Court case is pending against Urban Local Body?

8) Land value of the site where TDR is to be availed (latest copy from concerned Sub - Registrar to be enclosed)

9) TDR admissible in terms of sq.m and equivalent land value.

P rocedure for Application and Issue of TDR:

C ase 1: Voluntary Surrendering by the owner for the public purpose intended in the Master Plan.

S tep 1: The applicant shall sub it application in writing in the prescribed performa along with requisite enclosures as noted therein. S tep 2: The application shall be got verified in respect of title and certification regarding the non-involvement of Government land/Public land and exact identification of location with reference to the survey number. S tep 3:The Town Planning officials shall scrutiny the application with reference to the master plan and yearly action plan approved by DTCP regarding its requirement and extent proposed for surrender and relaxation if any already and submit specific recommendations to the Competent Authority concerned. S tep 4: The Competent Authority shall approve for issue of TDR Certificate as per the eligibility as per the prevailing rules subject to handing over of the site affected for Public purpose or road widening to the Competent Authority through registered gift deed. The applicant shall be informed to surrender the said land through registered gift deed in original to the Competent Authority. Upon receipt of the registered gift deed in original with other documents to the Competent Authority. S tep 5: However, in case of Nagar Panchayats and Municipalities the proposal shall be referred to Regional Deputy Director Town Planning (RDDTP) concerned for technical opinion and after getting technical opinion the Competent Authority shall approve for issue of TDR Certificate. S tep 6: The TDR Certificate will be generated duly entering in Master Register.

C ase 2: Surrendering of road widening portion/any public purpose during the course of building approval.

S tep 1: Where any part of the land or site or premises applied for building permission is affected in the Statutory Plan/Master Plan Road /Circulation network / a road required to be widened as per Road Development Plan / any other public purpose required by


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Competent Authority, such area so required shall be surrendered free of cost to the Sanctioning Authority by the owner of land through registered gift deed. No development permission shall be given in the remaining site unless this condition is complied with. S tep 2:Upon Surrendering of land, the applicant shall submit an application for grant of TDR duly enclosing the registered gift deed in original and other documents addressing to the Competent Authority. S tep 3: The application shall be referred to the Town Surveyor for verification and certification regarding the non-involvement of Government land/Public land and exact identification of location with reference to the survey number. S tep 4:The Town Planning officials shall scrutiny the application with reference to the master plan regarding its requirement and extent proposed for surrender and relaxation if any already and submit specific recommendations to the Competent Authority concerned. S tep 5: The Competent Authority shall approve for issue of TDR Certificate as per the eligibility as per the prevailing rules. S tep 6: However, in case of Nagar Panchayats and Municipalities the proposal shall be referred to Regional Deputy Director Town Planning (RDDTP) concerned for technical opinion and after getting technical opinion the Competent Authority shall approve for issue of TDR Certificate. S tep 7: The TDR Certificate will be generated duly entering in Master Register.

C ase 3: When Requisition by the Local Authority/Competent Authority

S tep 1: Whenever an site is required for formation of new road/widening of road for any public purpose as per the Master Plan and yearly action plan approved by DTCP. The Competent Authority shall prepare as Road Development Plan as per Master Plan and get it surveyed with reference to original records and ascertain the details of Ownership, the total extent Owned by the Individuals and the site affected in road widening individual wise and prepare individual site plans. S tep 2: As per the above list, all the individual site owners shall be requested through a notice duly enclosing the individual site plan requesting them to surrender the site requested for Public Purpose duly offering the extent of TDR to be given to them as per rules. S tep 3:Upon Surrendering of land, the applicant shall submit an application for grant of TDR duly enclosing the registered gift deed in original and other documents addressing to the Competent Authority. S tep 4: The application shall be referred to the Town Surveyor for verification and certification regarding the non-involvement of Government land/Public land and exact identification of location with reference to the survey number.


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S tep 5:The Town Planning officials shall scrutiny the application with reference to the master plan regarding its requirement and extent proposed for surrender and relaxation if any already and submit specific recommendations to the Competent Authority concerned. S tep 6: The Competent Authority shall approve for issue of TDR Certificate as per the eligibility as per the prevailing rules. S tep 7: However, in case of Nagar Panchayats and Municipalities the proposal shall be referred to Regional Deputy Director Town Planning (RDDTP) concerned for technical opinion and after getting technical opinion the Competent Authority shall approve for issue of TDR Certificate. S tep 8: The TDR Certificate will be generated duly entering in Master Register.

Two types of Applications

1. Road Widening 2. Building Amenities

Utilisation of TDR

The TDR so issued can be utilised as follows:

(i) The owner is allowed to construct two extra floors subject to mandated fire safety and parking requirements without insisting additional setbacks. However, upto 1000 sq.m of site area, for residential category buildings, deemed parking satisfied provision is allowed.

OR

(ii) Shall be allowed to avail concessions in setbacks including the front set-back (subject to ensuring a building line of 6.0m in respect of roads above 30.0 m; 3.0 m in respect of roads 18.0 m and up to 30.0 m; and 2.0 m in respect of roads less than 18.0 m subject to ensuring minimum side and rear setback of 2m in case of building of height up to 12m and 2.5m in case of buildings of height above 12m and up to 15m and 3m for buildings of height above 15 and up to 18m). In case of High Rise Buildings the concessions in setbacks, would be considered subject to maintaining minimum clear setback of 7.0 m all round the building in case of building up to the height of 70.0 m, 9.0 m in case of building of height 70.0m to 90.0m 12.0m for the buildings of height 90.0m to 120.0 m and 16.0 m for the buildings of height above 120.0 m and such minimum setback area shall be clear without any obstructions to facilitate movement or fire fighting vehicles and effective fire fighting operation.

OR


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iii) Adjustment of Transferrable Development Rights (TDR) Value towards building permit

fee and charges, compounding fee towards regularization of 10% setback violations (other than the front set back), any penal amount, open space charges, city level infrastructure impact fee and shelter fees within the respective Limits of Urban Local Body/ Development Authority only i.e. TDR issued by the ULBs can be utilised in same ULB and TDR issued in Development Authorities can be utilised in the same Development Authority excluding ULBs covered in DAs towards adjustment of fees and charges.

However, the adjustment of TDR value towards various types of fee and charges shall be limited to maximum 50% of total fee and charges and the remaining fee have to be paid by the applicants. Further, the applicants have to surrender 200% of the quantity of TDR towards adjustment of fee.

iv) All the above individual items or Combination of i), ii) and iii) only.

v) For utilisation of TDR in the same site for setback relaxations or Additional floors, the extent of TDR eligible may be generated at the first instance as per rules in force, and it can be utilised for extra floors and set back relaxations as above.

(vi) TDR utilisation shall not be allowed in roads of width less than 9.00 mtr wide existing roads.

(vii) To ensure proper utilisation of site surrendered for Road widening while granting of building permission for Residential Apartment building, Group Development Schemes, Commercial Complexes, High rise Buildings, the Developer/Owner shall construct compound wall leaving the site surrendered and the said site shall be developed as Road or the use for which it is surrendered at their own cost.

(viii) In case of plots less than 750sq.m in addition to concessions in setbacks and height, the cellar floor may be allowed in site areas above 500sq. m keeping in view of its feasibility.

(ix) If the plot is situated on internal road of minimum 9m having dead end within 50 mt. from the main road, then such plot can be treated as fronting on main road for the purpose of utilisation of TDR.

(x) The utilisation of Transferable Development Rights (TDR) shall be permissible by considering Gross Plot Area excluding area affected by reservations or deemed reservation, if any. This principle shall also be applicable to the reservations to be developed under the provisions of Accommodation Reservation, by considering the total area of such reservation before surrender.


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Areas Restricted from Utilisation of TDR

Utilisation of Transferable Development Rights (TDR) shall not be permitted in following areas:-

(a) Agricultural/no development/Green zone/Bio-Diversity area Park reservation in the Development Plan.

(b) Area within the flood control line i.e. blue line (prohibitive zone) as specified by Irrigation Department.

(c) Coastal regulation zone (d) Area having developmental prohibition or restrictions imposed by any notification issued

under the provisions of any Central/State Act (like CRZ regulations, Defense restriction areas, etc.) or under these rules.

Procedure for Maintenance of TDR register and Transfers

In order to adopt uniform guidelines throughout the State the following conditions and guidelines are prescribed.

1) A composite Transferable Development Rights (TDR) Register shall be maintained by the competent authority as per the performa given below on the award of TDR and its sale / disposal and utilization. A responsible officer shall be the custodian of the Register.

2) At the time of sale/disposal/utilization of a particular TDR, the utilization details of the sale / disposal need to be entered at relevant columns in the register and that therefore the relevant file need to be referred to the custodian of the Register for making necessary entries in the register. The custodian is held responsible to enter relevant details in the register and also to enter utilization details in the TDR. When TDR Certificate is sold / utilized totally, the same shall be surrendered by the owners and the custodian shall take possession of the Certificate and make necessary entries in the register. As per Government Orders, TDR award is to be arrived on the basis of relevant land value at both export and import areas as per prevailing Registration value.

3) In case of death of holder of TDR, the TDR shall be transferred to legal heir only on production of the documents as may be prescribed, after due verification and satisfaction regarding title and legal successor.

4) If a holder of TDR intends to transfer it to any other person, he shall submit the original TDR to the competent authority with an application along with relevant documents as may be prescribed by the competent authority and a registered agreement which is duly signed by Transferor and Transferee, for seeking endorsement of the new holders name, i.e., the transferee, on the said certificate. The transfer shall not be valid without endorsement by the competent authority and in such circumstances the Certificate shall be available for use only to the holder/transferor.


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5) The utilisation of TDR certificate under transfer procedure shall not be permissible

until transfer procedure is completed.

6) The Competent authority may refrain the TDR holder from utilizing the TDR in the following circumstances:-

(i) Under direction from a competent Court.

(ii) Where the Competent authority has reason to believe that the TDR is obtained (a) by producing fraudulent documents (b) by misrepresentation

8) Any TDR may be utilised on one or more plots or lands whether vacant, or already developed fully or partly by erection of additional storeys, or in any other manner consistent with the prevailing Development Control Rules,

9) TDR may be used on plots/land having Development Plan reservations of buildable nature, whether vacant or already developed for the same purpose, or on the lands under deemed reservations, if any, as per prevailing Rules.

10) TDR may be used on plots/land available with the owner after surrendering the

required land and construction to the local Authority under the provisions of Accommodation Reservation. In such circumstances, for the purpose of deciding Transferable Development Rights (TDR) receiving potential, the total area of the reservation before surrender, shall be considered.

11) Application Maintenance Charges:- The utilizer shall pay to the DTCP an application maintenance charges at the rate of Rs.5000 for each transaction for a proposed quantum of TDR utilised. DTCP shall open a separate account for this purpose and shall maintain the software application with this funds.

12) Since the TDR can be treated as High Risk, considering its utilisation value, following security measures shall be taken up.

a) Both generation and utilisation of TDRs shall be done through online by developing an online Real Time TDR module on single platform by the DTCP for entire state.

b) In case of Transfer of TDR from one person to another person, the agreement as prescribed shall be got Registered in Sub Registrar office.

c) Registration Department Data shall be integrated to online TDR module and APDPMS as well.

d) If any question or dispute arises with regard to interpretation of any of these regulation the matter shall be referred to the State Government which, after considering the matter and, if necessary, after giving hearing to the parties, shall give a decision on the interpretation of the provisions of these regulations. The


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decision of the government on the interpretation of these regulations shall be final and binding on the concerned party or parties.

e) Conflicts between Provisions: If thereisany overlapping of provisions or any conflicts the provisions in these regulations, the matter shall be referred to the Director of Town and Country Planning, Andhra Pradesh whose decision on the matter shall be final.

13) The Director of Town and Country Planning shall issue necessary guidelines as and when required from time to time.

Vesting of Land

The competent authority, before issuing TDR, shall verify and satisfy himself that the ownership and title of the land proposed for surrender is with the applicant, and get the Record of Right to be corrected in the name of local Authority.

Effect of this regulation

Provision of Generation of TDR from these rules shall not be applicable where TDR has been issued prior to publication of these rules. However Utilization of such TDR shall be allowed as per these rules only.


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Award of Transferable Development Right

MUNICIPAL CORPORATION/MUNICIPALITY/NAGAR

PANCHAYAT/DEVELOPMENT AUTHORITY

TDR No.

Rc. No. ------------------- Dt. DD -MM -YYYY

In connection with the widening of ...................................................................................................... road

from..........................mts to........................mts as per Master Plan sanctioned vide G.O.Ms.No.................

MA dated: DD.MM.YYYY, the site measuring an extent of............ Sq.mts. in S.No............. of ................... (v),

at D.No................. owned by Sri / Smt ..........................S/o / W/o / D/o ............................. was affected and

accordingly surrendered to Municipal Corporation / Municipality / Nagar Panchayat / Development

Authority vide Regd. Gift Deed No............ dated:...........

In lieu of the above of extent …................. Sq.mts. surrendered for the road widening, the

Municipal Corporation / Municipality / Nagar Panchayat / Development Authority hereby award TDR of

............ Sq.mts. of built up area as per AP Building Rules 2017 (issued in G.O.Ms.No.119, MA&UD Dept.,

Dated: 28.03.2017 as amended)

Commissioner/Vice Chairman

.............. Municipal Corporation/Municipality/

Nagar Panchayat/ Development Authority


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TDR No.

Rc. No. ------------------- Dt. DD -MM -YYYY

In connection with the widening of ....................................................................................................... road

from..........................mts to........................mts as per approved Circulation plan, the site measuring an

extent of............ Sq.mts. in S.No............. of................ (v), at D.No................. owned by Sri / Smt

..........................S/o / W/o / D/o ....................... was affected and accordingly surrendered to Municipal

Corporation / Municipality / Nagar Panchayat / Development Authority vide Regd. Gift Deed No............

dated:...........

In lieu of the above of extent .................... Sq.mts. surrendered for the road widening, the Municipal

Corporation / Municipality / Nagar Panchayat / Development Authority hereby award TDR of ............

Sq.mts. of built up area as per AP Building Rules 2017 (issued in G.O.Ms.No.119, MA&UD Dept., Dated:

28.03.2017 as amended)





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TDR No.

Rc. No. ------------------- Dt. DD -MM -YYYY

In connection with the widening of ...................................................................................................... road

from..........................mts to ............................. mts as per approved Road Development Plan vide Proceeding

Roc.No................. dated: DD.MM.YYYY, the site measuring an extent of............ Sq.mts. in S.No.............

of................ (v), at D.No................. owned by Sri / Smt ..........................S/o / W/o / D/o ............................. was

affected and accordingly surrendered to Municipal Corporation / Municipality / Nagar Panchayat /

Development Authority vide Regd. Gift Deed No............ dated:...........

In lieu of the above of extent.................... Sq.mts. surrendered for the road widening, the Municipal

Corporation / Municipality / Nagar Panchayat / Development Authority hereby award TDR of ............

Sq.mts. of built up area as per AP Building Rules 2017 (issued in G.O.Ms.No.119, MA&UD Dept., Dated:

28.03.2017 as amended)





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TDR No.

Rc. No. ------------------- Dt. DD -MM -YYYY

In connection with the usage of land for public purpose for development of ..................................

as per Master Plan sanctioned vide G.O.Ms.No ................... MA dated: DD.MM.YYYY, the site measuring an

extent of............ Sq.mts. in S.No............. of................ (v), at D.No.................owned by Sri/Smt

........................ S/o/W/o/D/o ....................... is affected and accordingly the same has been surrendered to

Municipal Corporation / Municipality / Nagar Panchayat / Development Authority vide Regd. Gift Deed

No............ dated:...........

In lieu of the above of extent ................. Sq.mts. area surrendered for the public purpose, the

Municipal Corporation / Municipality / Nagar Panchayat / Development Authority hereby award TDR of

............ Sq.mts. of built up area as per AP Building Rules 2017 (issued in G.O.Ms.No.119, MA&UD Dept.,






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MUNICIPAL CORPORATION/MUNICIPALITY/NAGAR PANCHAYAT/DEVELOPMENT AUTHORITY

TDR No.

Rc. No. ------------------- Dt. DD -MM -YYYY

In connection with the usage of land for public purpose for protection of heritage buildings in

B.A.No ................................... as per required under rule 54(5)a&b of AP Building Rules 2017 as amended, the

site measuring an extent of............ Sq.mts. in S.No............. of................ (v), at D.No ................... owned by

Sri/Smt ........................ S/o/W/o/D/o ....................... is affected and accordingly the same has been

surrendered to Municipal Corporation / Municipality / Nagar Panchayat / Development Authority vide

Regd. Gift Deed No............ dated:...........

In lieu of the above of extent .................Sq.mts. area surrendered for the peripheral road, the

Municipal Corporation / Municipality / Nagar Panchayat / Development Authority hereby award TDR

of ............. Sq.mts. of built up area as per AP Building Rules 2017 (issued in G.O.Ms.No.119, MA&UD Dept.,






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Chapter 15

Rain Water Harvesting Structures


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14 Rain Water Harvesting CONCEPT OF RAINWATER HARVESTING STRUCTURE AND IMPORTANCE

(1) Rain water harvesting is the technique of collection and storage of rain water at surface or in sub-surface aquifers, before it is lost as surface run-off. The augmented resource can be harvested in the time of need. (2) Artificial recharge to ground water is a process by which the ground water reservoir is augmented at rate exceeding that under natural conditions of replenishment. IMPORTANCE (1) Cost of recharge to sub-surface reservoir is lower than surface reservoirs. (2) The aquifer serves as distribution system also. (3) No land is wasted for storage purpose and no population displacement is involved. (4) Ground water is not directly exposed to evaporation and pollution. (5) Storing water underground is environment friendly. (6) It increases the productivity of aquifer. (7) It reduces flood hazards. (8) Effects rise in ground water levels. (9) Mitigates the effects of drought. (10) Reduces soil erosion.

MANDATORY PROVISION IN BUILDING APPROVAL

As per section 152 Sub Rule (1) of AP Building Rules, 2017 it is mandatory to construct Rain Water Harvesting Structures in all commercial, public buildings and new buildings on plots of 200sq.m and above. Clearance of plan for the construction of new buildings of the aforesaid categories shall only be given if they have a provision in the building design itself for Rain Water Harvesting Structures. NEED to CREATE AWARENCESS

(1) To overcome the inadequacy of water to meet our demands. (2) To arrest decline in ground water levels. (3) To enhance availability of ground water at specific place and time and utilize rain water for sustainable development. (4) To increase infiltration of rain water in the subsoil which has decreased drastically in urban areas due to paving of open area. (5) To improve ground water quality by dilution. (6) To increase agriculture production. (7) To improve ecology of the area by increase in vegetation cover, etc.


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METHODS: The methods of ground water recharge mainly are: (1) Urban Areas - Roof Top Rain Water /Storm runoff harvesting through (a) Recharge Pit (b) Recharge Trench (c) Tube well (d) Recharge Well (2) Rural Areas - Rain Water Harvesting through (a) Gully Plug (b) Contour Bund (c) Gabion Structure (d) Percolation tank (e) Check Dam/ Cement Plug/ Nala Bund (f) Recharge shaft (g) Dug well Recharge (h) Ground Water Dams/Subsurface Dyke

Some Facts about Water

Only 2.5% of the world’s water is freshwater and most of this are in the form of polar ice- caps

Water use has increased by 70% since 1970 Recent reports said that by 2025, 18 countries will experience water demand beyond

supply capabilities It takes up to 5000 lt of water to produce 1 kg of rice Every square mile of developed land cause 16 million gallons(~61crore litres) of rain

water to directly enter the rivers on rainy day Each person uses about 150 litres of water every day. About 60 litres of this is for toilet

flushing Toilet flushing is the single largest user of household water, 30 – 40%, up to 90% for

offices Major part of our country have been facing continuous failure of monsoon and consequent deficit of rainfall.


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ABSTRACT

Conservation and Harvesting of Rain water Structures in construction of buildings in all Municipal Corporations/Urban Development Authorities / Municipalities - Orders - Issued. ------------------------------------------------------------------------------------------------------- MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT

G.O.Ms.No.350 M.A., Dated:9th June,2000

Read the following:-

ORDER:-

1. G.O.Ms.No.422 M.A., dt.31.07.1998. 2. G.O.Ms.No.423 M.A., dt.31.07.1998 3. G.O.Ms.No.611 M.A., dt.26.10.1999

* * *

The ever increasing population and its increasing trend concentration in urban areas has a direct affect on the availability of water. The excess tapping of ground water and absence of its recharge has lead to depletion of ground water table to greater extent. This is evident from the increasing number of dry bore wells and digging of bore wells to a greater depth of every new bore well that is taken up. Most of the urban area is in their paved or covered by buildings leaving little scope for charging the ground water during the monsoons.

Keeping in view the above, provisions have already been made in G.O.s 1st to 3rd read above that it

is mandatory to provide required facilities land infrastructure for conservation and harvesting of rain water in all Group Housing and commercial

Further there have been number of representations and provisions from environmentalists to make it mandatory the provisions of such rain water harvesting structure of all types or buildings including residential buildings as large parts of the towns are covered by residential layouts.

Government after careful examination of the matter decided to make the provisions for rain water harvesting contained in the third read above as mandatory for all categories of proposed buildings including residential buildings on the interest of rural public. Accordingly the following orders issued.

1. The Competent Authorities i.e., Director of Town and Country Planning, Vice Chairman of

Urban Development Authorities, Commissioners of Municipal Corporations/Municipalities shall insist for facilities and infrastructure for conservation and harvesting rain water in all layouts and sub division for sanctioning the same.

2. Every building proposed for constructing plots having extent of 300 Sq. Mtrs. and above shall be provided with required facilities and infrastructure for conservation and harvesting of rain water viz. Part-A is compulsory and part-B & C or D is optional.

3. All existing buildings in Municipalities / Municipal Corporations shall construct rainwater harvesting the structure within a period of one year from the issue of this G.O.

Percolation pits or Trenches

The paved surface around the building shall have percolation pits or Trenches or combination of pits & Trenches in such a way that total volume of such structure shall not less than 6 cum for each 100 Sq.Metres of roof top area and multiples there on. Depending on the geo-morphological and topographical condition, the pits can of size 1.2m wide x 1.2 m long x depth of 2 to 2.5 m. The trenches can of width of

x length of 2 to 6m x depth of 1.5 to 2.0 meters terrace water shall be channeled, to pits and or trenches. The pits shall be back filled with filter media comprising of the following materials.


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i) 40 mm Road metals the bottom layer upto 50% of the depth. ii) 20 mm road metal as the lower middle layer upto 20% of the depth. iii) Course sand as the upper middle layer upto 20% of the depth. iv) v) Top 10% of the Pits/Trenches will be empty and a splash pad is to be provided in such a

way that roof top water falls on the splash pad. vi) Brick masonry wall is to be constructed and cement mortar plastered on the exposed

surface. The depth of wall below the ground shall be in such a way that the wall prevents loose soil going into pits/Trenches. The projection of the all above ground could be minimum of 15 cm.

vii) Perforated concrete slabs shall be provided on the pits and trenches.

Terrace water collection

The terrace shall be connected to a sump or the wall through a filtering tank by PVC pipe. A value system shall be incorporated to enable the first part of the rain water collected to discharge out to the ground, if it is dirty. A filtering tank measuring 1mx1mx1m meter can be constructed near sump. The tank can divided by a potion slab and the one part shall be filled by fine sand and by course sand. The bottom portion of the tank should have a slope to avoid stagnation of water.

Open ground;-

Whenever there is a open ground, the top soil shall be removed over a portion of the ground and

back filled with course sand to allow percolation of rain water.

(or) Any other methods proved to be effective in conservation and harvesting of rainwater may be adopted each and every construction taken up.

The Commissioners of all Urban local bodies shall open a "rain water harvesting cell" to motivate existing building owners to implement the scheme before the arrival of monsoons and take up area wise interactive programme at regular intervals to educate the people on the importance of Ground water recharging and Rain water Harvesting / Water Conservation.

Failure to follow the above orders by the concerned and for penal action u/s 41 of A.P. Urban

Development Authority Act,1975 or U/s 596 & 597 of Hyderabad Municipal Corporation Act, 1955 or U/s 340 of A.P. Municipalities Act, 1965 as the case may be.

A copy of this order is available on the interest and to be accessed of the address h

ttp://apts.gov.in/apgos.


To All the Commissioners of Municipal Corporations. All vice Chairman of Urban Development Authorities

N.S.HARIHARAN PRINCIPAL SECRETARY TO GOVERNMENT

All Commissioners of Municipalities through Commissioner & Director of Municipal Administration , Hyderabad. The Commissioner & Director of Municipal Administration, Hyderabad The Director of Town and Country Planning


282

Chapter 16

Dilapidated Buildings


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15 Dilapidated Buildings 16.1 A. Identification / Certification from engineering wing / Issue of Notices/ Enforcement

Actions

The Ward Planning and Regulation Secretary should identify all dilapidated buildings / dangerous structures in their respective jurisdiction of ward and send the list to the Head of the Engineering the and obtain their opinion. If the Engineering wing opined that the building is unsafe, the owner of the building should be issued notice under Section 456 and 459 of Municipal Corporation Act, 1955 for removal / to repair such structure or thing, and to prevent all cause of danger therefrom.

In case of Municipalities under Section 231 of APM Act, 1965 can issue notice and take further action.


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Chapter 17

Record Maintenance


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16 Record Maintenance

17.1 Maintenance of Registers:

i. L ayout / B.A Register:

The Ward Planning and Regulation Secretary should maintain Layout Register and Building Application Register as per the prescribed proforma whenever layout / building permission is issued.

ii. U .C./ Unauthorized Layout Register: The Ward Planning and Regulation Secretary should maintain Unauthorized

Construction and Unauthorized Layout Register as per the prescribed proforma.


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Chapter 18

Court Cases


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17 Court Cases

18.1 High Court and Local Court Cases :

Whenever The Ward Planning and Regulation Secretary receive notice from the Court, they should immediately contact their Municipal Standing Council (MSC) and handover vakalath to the MSC to represent the case on behalf of the ULB and send Para wise Remarks and also to file counter in the case. They should follow the any interim orders (Status Quo or Not to interfere i.e., injunction order) passed by the Court and see that interim orders are vacated by filling separate affidavit etc. Register should maintain as per the proforma prescribed.

It is observed that petitioner affidavit is not received from the High Court and only notice /

order received from the High Court. Immediately after receiving notice / order they should contact Municipal Standing Council (MSC) and obtain petitioner affidavit and prepare Parawise remarks and counter is filed in the Court.

Further, if the Court gives any time bound order, the same should be implemented in time

to avoid filling of contempt cases.


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Chapter 19

Right to Information Act, 2005


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18 Right to Information Act, 2005

Bringing Information to the Citizens

Right to Information Act 2005 mandates timely response to citizen requests for government

information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel,

Public Grievances and Pensions to provide a RTI Portal Gateway to the citizens for quick search of

information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI

related information / disclosures published on the web by various Public Authorities under the

government of India as well as the State Governments

Objective of the Right to Information Act

The Government of India has enacted ‘the Right to Information Act 2005’ to provide for setting

out the practical regime of right to information for citizens to secure access to information under the

control of Public Authorities. The basic objective of the Right to Information Act is to empower the

citizens, promote transparency and accountability in the working of the Public Authorities, contain

corruption, and make our democracy work for the people in real sense. It goes without saying that an

informed citizen is better equipped to keep necessary vigil on the instruments of governance and make

the government more accountable to the governed. The Act is a big step towards making the citizens

informed about the activities of the Government.

What is Information

Information is any material in any form. It includes records, documents, memos, e-mails, opinions,

advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data

material held in any electronic form. It also includes information relating to any private body which can be

accessed by the public authority under any law for the time being in force.

What is Right to Information

The right to information includes an access to the information which is held by or under the control of any

public authority and includes the right to inspect the work, document, records, taking notes, extracts or

certified copies of documents / records and certified samples of the materials and obtaining information

which is also stored in electronic form.


290

Who can Seek information

Section 3 of the Right to Information Act provides as under:

“Subject to the provisions of this Act, all citizens shall have the right to information.”

- Normally, an applicant is not required to submit any proof of citizenship. However, if the CPIO has any

doubt about the identity of the applicant he can seek for his proof of identification.

The Act gives the right to information only to the citizens of India. It does not make provision for giving

information to Corporations, Associations, and Companies etc. which are legal entities / persons but not

citizens. However, if an application is made by an employee or office bearer of any Corporation,

Association, Company, NGO etc. indicating his name and such employee or office bearer is a citizen of

India, information may be supplied to him / her. In such cases, it would be presumed that a citizen has

sought information at the address of the Corporation.

What is a Public Authority

A “public authority” is any authority or body or institution of self government established or

constituted by or under the Constitution; or by any other law made by the Parliament or a State

Legislature; or by notification issued or order made by the Central Government or a State

Government. The bodies owned, controlled or substantially financed by the Central Government

or a State Government and non-Government organizations substantially financed by the Central

Government or a State Government also fall within the definition of public authority. State Bank

of India is a Public Authority.

Central Assistant Public Information Officer (CAPIO)

The Bank has designated all Branch Managers except Scale – IV & V branches as Central Assistant

Public Information Officer (CAPIO) in the Bank. In case of Scale – IV and above branches, the

Branch Managers are designated as CPIOs and are directly responsible for furnishing information

under RTI Act. The next senior most officer in Scale – IV & V branches is designated as CAPIO of

their respective branches. The bank has designated Law officer as CAPIO at Head office. The

CAPIOs send the application or appeal to the Central Public Information Officer or the concerned


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Appellate Authority for disposal. A Central Assistant Public Information Officer is not responsible

for supply of the information.

Central Public Information Officer (CPIO)

Central Public Information Officers are responsible for giving information to a person who seeks

information under the RTI Act. The Bank has designated all Regional Managers of respective

regions for branches under their control as Central Public Information Officer (CPIO) in the Bank

and Chief Manager (I & A) is designated as CPIO at Head office.

Appellate Authority (A A)

If an applicant is not supplied information within the prescribed time of thirty days or 48 hours,

as the case may be, or is not satisfied with the information furnished to him, he may prefer an

appeal to the First Appellate Authority. The Bank has designated GM(OP) as Appellate Authority

in Bank.

DETAILS OF APPELLATE AUTHORITY / CPIOs / CAPIOs IN APGVB ARE PLACED AS ANNEXURE. Format of Application

There is no prescribed format of application for seeking information. The application can be made

on plain paper. The application should, however, have the name and complete postal address of

the applicant. Even in cases where the information is sought electronically, the application should

contain the name and postal address of the applicant. The application should be made in English

or Hindi or in the official language of the area in which the application is being made,

accompanied by the prescribed fee and specifying the particulars of the information sought.

Payment of RTI Fee & Cost of Information

The RTI fee and the cost of information, where applicable, is to be paid by Demand Draft or

Bankers Cheque or IPO in the name of ‘APGVB’ and payable at the centre where CPIO is located.

Alternatively, applicant may deposit the prescribed fee in the ‘P & T Charges Recovered Account’

at any branch of the APGVB and will attach counterfoil thereof in original with the application /

request while forwarding it to the CPIO / CAPIO.


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Prescribed fee and additional cost of information: Application Fee

Application fees ..................................................... Rs. 10/-.

Additional fee - as cost of information

a Rupees two for each page (in A-4 or A-3 size paper) created or copied.

b Actual charge or cost price of a copy in large size paper

c Actual cost or price for samples or models

d Information provided in diskette or floppy rupees fifty per diskette or

floppy

e Information provided in printed form at the price fixed for such

publication or

What information can be sought

A citizen has a right to seek such information from a public authority which is held by the public

authority or which is held under its control. This right includes inspection of work, documents and

records; taking notes, extracts or certified copies of documents or records; and taking certified

samples of material held by the public authority or held under the control of the public authority.

It is important to note that only such information can be supplied under the Act which already

exists and is held by the public authority or held under the control of the public authority. The

Central Public Information Officer is not supposed to create information; or to interpret

information; or to solve the problems raised by the applicants; or to furnish replies to

hypothetical questions.

A citizen has a right to obtain information from a public authority in the form of diskettes,

floppies, tapes, video cassettes or in any other electronic mode or through print-outs provided

such information is already stored in a computer or in any other device from which the

information may be e-mailed or transferred to diskettes etc.

The information to the applicant should ordinarily be provided in the form in which it is sought.

However, if the supply of information sought in a particular form would disproportionately divert


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the resources of the public authority or may cause harm to the safety or preservation of the

records, supply of information in that form may be denied.

In some cases, the applicants expect the Central Public Information Officer to give information in

some particular proforma devised by them on the plea that they have a right to get information

in the form in which it is sought. It need be noted that the provision in the Act simply means that

if the information is sought in the form of photocopy, it shall be provided in the form of

photocopy, or if it is sought in the form of a floppy, it shall be provided in that form subject to the

conditions given in the Act. It does not mean that the CPIO shall re-shape the information. This is

substantiated by the definition of the term ‘right to information’ as given in the Act, according to

which, it includes right to obtaining information in the form of diskettes, floppies, tapes, video

cassettes or in any other electronic mode or through print-outs provided such information is

already stored in a computer or in any other device. Everywhere in the Act, the word ‘form’ has

been used to represent this meaning.

A citizen has a right to get ‘material’ from a public authority which is held by or under the control

of that public authority. The Act, however, does not require the Public Information Officer to

deduce some conclusion from the ‘material’ and supply the ‘conclusion’ so deduced to the

applicant. It means that the Public Information Officer is required to supply the ‘material’ in the

form as held by the public authority, but not to do research on behalf of the citizen to deduce

anything from the material and then supply it to him.

Information which is exempt from Disclosure

The Act provides under Sections 8 and 9, certain categories of information that are exempt from

disclosure to the citizens. The following categories of information are exempt from disclosure

under Section 8(1)

a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.

b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;


294

d) information including commercial confidence, trade secrets or intellectual property, the

disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

f) information received in confidence from foreign Government; g) information, the disclosure of which would endanger the life or physical safety of any person or

identify the source of information or assistance given in confidence for law enforcement or security purposes;

h) information which would impede the process of investigation or apprehension or prosecution of offenders;

i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;

j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual; Time Norms for disposal of Requests and Appeals Requests: Sr. No.

Situation Time limit for disposing off applications

1. Supply of information in normal course 30 days 2. Supply of information if it concerns the

life or liberty of a person 48 hours

3. Supply of information if the application is received through CAPIO

05 days shall be added to the time period indicated at Sr. NO.1 and 2.

4. Supply of information if application / request is received after transfer from another public authority: (a) In normal course

(a) Within 30 days of the receipt of the application by the concerned public Authority.

(b) In case the information concerns the life or liberty of a person.

(b) Within 48 hours of receipt of the application by the concerned public authority

5. Supply of information if it relates to third party and the third party has treated it as confidential.

Should be provided after following the procedure given in Section 11 of the RTI Act.

6. Supply of information where the applicant is asked to pay additional fee.

The period intervening between informing the applicant about additional fee and the payment of fee by the applicant shall be excluded for calculating the period of reply.

If a public authority fails to comply with the specified time limit, the information to the concerned applicant would have to be provided free of charge.


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Appeals : - The appeal should be disposed off within 30 days of receipt of the appeal. - In exceptional cases, the Appellate Authority may take 45 days for its disposal for which reasons are recorded.


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Chapter 20

Service Rules


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19 Service Rules

(1) Andhra Pradesh State and Subordinate Service Rules, 1996

The Andhra Pradesh State and Subordinate Service Rules were issued by the Government

of Andhra Pradesh vide G.O.Ms.No.436 General Administration (Services D) Department,

Dated.15-10-1996. These rules are known as General Rules. They govern the Gazetted and Non-

gazetted posts under the State Government constituted into State and Subordinate Service Rules

or adhoc rules issued by the Government with regard to each category or class of service whether

temporary or permanent.

In any one of the provisions contrary to any provisions in the special rules applicable to

any service concerning any specific matter then the provision in the Special rules will prevail over

these rules.

(2) Andhra Pradesh Civil Service (Conduct) Rules, 1964

The Andhra Pradesh State and Subordinate Service Rules were issued by the Government

of Andhra Pradesh vide G.O.Ms.No.468 General Administration Department, Dated.17-04-1964.

They shall apply to every person who is a member of a civil service of the State or holds any civil

post under the State or in connection with the affairs of the State :

"Government employee" means any person who is a member of a civil service of the State of

Andhra Pradesh or holds any civil post under the State or in connection with the affairs of the

State, whether he is on duty or under suspension or on leave or on foreign service, either within

or outside the State;

General:- (1) Every Government employee shall be devoted to his duty and shall maintain absolute integrity, discipline, impartiality and a sense of propriety. (2) No Government employee shall behave in a manner which is unbecoming of such employee or derogatory to the prestige of Government. (3) No Government employee shall act in a manner which will place his official position under any kind of embarrassment. (4) No Government employee shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior, and shall, where he is acting under such direction,


298

obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, shall obtain written confirmation of the direction as soon thereafter as possible. It shall be incumbent on such official superior to confirm in writing the oral directions given by him, and in any event, he shall not refuse such written confirmation where a request is made by the Government employee to whom such direction was given.

Explanation :- Nothing in sub-rule (4) shall be construed as empowering a Government employee to evade his responsibilities by seeking instructions from, or approval of, an official superior where such instructions are not necessary under the scheme of distribution of powers and responsibilities.

[(5) Every Government servant holding a superior post shall take all possible steps to ensure the integrity and devotion to duty of all government servants for the time being under his control and authority. Explanation: - A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty.] [(6) Prohibition regarding employment of children below 14 years of age : -No member of the service shall employ to work any child below the age of 14 years.] (2) Andhra Pradesh (Classification, Control and Appeal) Service Rules, 1991

The Andhra Pradesh (Classification, Control and Appeal) Service Rules, 1991 were issued

by the Government of Andhra Pradesh vide G.O.Ms.No.487 General Administration Department,

Dated.14-09-1992.

Government Servant means a person who (i) is a member of a Civil Service of the State or holds a Civil post in connection with the affairs of the State, whether temporary or permanent, appointed, thereto before, on or after the date specified in rule 1 an includes such Government servant whose services are temporarily placed at the disposal of the Government of India, the Government of another State, or a company, corporation organization owned or controlled by the Government, or a local or other authority, notwithstanding that his salary is drawn from sources other than the consolidated fund of the State (ii) is a member of civil service of or holds the Government post under Government of India or

the Government of another State and whose services are temporarily placed under the disposal

of the Government

(iii) is in the service of local or another authority and whose services are temporarily placed under

the disposal of the Government.


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Chapter 21

Professional Ethics, Moral and Behavior


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20 Professional Ethics, Morals, Behavior

21.1 Objectives

The objectives of ‘Professional Ethics and Human Values’ are: (a) to understand the moral values that ought to guide the Town Planning profession, (b) resolve the moral issues in the profession, and (c) justify the moral judgment concerning the profession. It is intended to develop a set of beliefs, attitudes, and habits that Town Planners should display concerning morality.

The prime objective is to increase one’s ability to deal effectively with moral complexity in Town Planning practice.

Alternatively, the objectives of the Professional Ethics may be listed as:

(A) Improvement of the cognitive skills (skills of the intellect in thinking clearly)

1. Moral awareness (proficiency in recognizing moral problems) 2. Cogent moral reasoning (comprehending, assessing different views) 3. Moral coherence (forming consistent viewpoints based on facts) 4. Moral imagination (searching beyond obvious the alternative responses to issues and

being receptive to creative solutions) 5. Moral communication, to express and support one’s views to others.

(B) To act in morally desirable ways, towards moral commitment and responsible conduct

1. Moral reasonableness i.e., willing and able to be morally responsible. 2. Respect for persons, which means showing concern for the well-being of others,

besides oneself. 3. Tolerance of diversity i.e., respect for ethnic and religious differences, and acceptance

of reasonable differences in moral perspectives. 4. Moral hope i.e., believe in using rational dialogue for resolving moral conflicts. 5. Integrity, which means moral integrity, and integrating one’s professional life and

personal convictions

M ORALS

Morals are the welfare principles enunciated by the wise people, based on their experience and wisdom. They were edited, changed or modified or evolved to suit the geography of the region, rulers (dynasty), and in accordance with development of knowledge in science and technology and with time.


31

Morality is concerned with principles and practices of morals such as: (a) What ought or ought not to be done in a given situation? (b) What is right or wrong about the handling of a situation? And(c) What is good or bad about the people, policies, and ideals involved?

Morality is different from Ethics in the following ways:

Morality Ethics

. More general and prescriptive based on customs and traditions.

Specific and descriptive. It is a critical reflection on morals.

More concerned with the results of wrong action, when done.

. More concerned with the results of a right action, when not done.

Thrust is on judgment and punishment, in the name of God or by laws.

Thrust is on influence, education, training through codes, guidelines, and correction.

In case of conflict between the two, morality is given top priority, because the damage is more. It is more common and basic.

Less serious, hence second priority only. Less common. But relevant today, because of complex interactions in the modern society.

Example: Character flaw, corruption, extortion, and crime.

Example: Notions or beliefs about manners, tastes, customs, and towards laws

As against morals and ethics, laws are norms, formally approved by State, National or International political bodies. Breaking the norms is called crime, and invite specific punishment.

V ALUES

Humans have the unique ability to define their identity, choose their values and establish their beliefs. All three of these directly influence a person’s behavior. People have gone to great lengths to demonstrate the validity of their beliefs, including war and sacrificing their own life! Conversely, people are not motivated to support or validate the beliefs of another, when those beliefs are contrary to their own.

A person’s beliefs, values and identity are usually acquired unconsciously based on his personal experience or observations of others’ experiences as to what produces desirable or undesirable results in the environment. A baby’s learning to walk and talk is a clear example of identifying with human adults, valuing the act of being able to have the mobility and communication ability


32

of an adult and the belief, based on unconscious observation, that humans can do walk and do talk with each other.

E THICS:

Ethics is the word that refers to morals, values, and beliefs of the individuals, family or the

society. The word has several meanings. Basically it is an activity and process of inquiry. Secondly,

it is different from non-moral problems, when dealing with issues and controversies. Thirdly,

ethics refers to a particular set of beliefs, attitudes, and habits of individuals or family or groups

concerned with morals. Fourth, it is used to mean ‘morally correct’. The study on ethics helps to

know the people’s beliefs, values, and morals, learn the good and bad of them, and practice them

to maximize their well-being and happiness. It involves the inquiry on the existing situations, form

judgments and resolve the issues. In addition, ethics tells us how to live, to respond to issues,

through the duties, rights, responsibilities, and obligations.


33

Annexure


34

Annexure N otice Formats

ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY

……………………… Zone,

CRDA, Vijayawada.

N OTICE UNDER SECTION 115(1) of APCRDA ACT, 2014

Notice No:………………………………………. Date : ……………….

Sub:- APCRDA – Zone Name:- ……………………… – DC –Deviation to the sanctioned plan / unauthorized construction at ................................... Situated at…………………………………….. – Notice under Section115(1) of APCRDA Act – Issued – Regarding

Ref:-This Office Permit No…………………. dt:…….…..

*** *** ***

Whereas, it has come to the notice of the undersigned that you have

made following deviations to the sanctioned plan / constructing the building

unauthorisedly in Pr.No………………………situated at

…………………………………… …………

…… ………contrary to the provisions of APCRDA Act and Bye-Laws made there

under as given below .

Details of the deviations / unauthorized constructions.

1. ………………………………………………………….

2. ………………………………………………………….

3. …………………………………………………………. 4. ………………………………………………………….

Therefore, you are hereby directed to show sufficient cause by a statement

in writing or by an agent duly authorized by you in this behalf why the above


35

deviated portion / unauthorized construction shall not be removed, altered or

pull down. Further you hereby directed to stop the work forthwith. Please appear

before the Assistant Director on ……………. at………..or submit a reply within

(7) days from the date of receipt of this notice failing which further action will

be taken to remove, alter or pull down the deviated portion / unauthorized

construction and expenses thereof will be recovered from you / further action will

be taken as per section 596 / section 115(3), 115(4), 116(2) & 116(4) of

APCRDA Act 2014.

Zonal Assistant Director

……………..Zone, APCRDA.

TO

…………………………………..


……………………… Zone,

CRDA, Vijayawada.


36

N OTICE UNDER SECTION 115(3) of APCRDA ACT 2014

Notice No:………………………………………. Date : ……………….

Sub:-APCRDA …………………… ZONE – DC –Deviation to the sanctioned plan / unauthorized construction at ................................................. Situated at …………………………………………….. – Notice under Section 1 1 5 ( 3 ) of APCRDA ACT – Issued – Regarding

Ref:- 1. This Office permit No……………………………………. dt:…….…..

2. This Office Show-Cause Notice No……………………….dt:………..

3. Your reply dated ……………………

4. This Office order No. dated :

nd

Whereas, in the reference 2

*** *** *** cited a show cause notice under Section 115 ( 1 ) of

APCRDA Act was issued to you to show cause why the portion of construction made by you in contrary to the sanctioned plan / unauthorizedly in Pr.No……………………… situated at ............................................................................... should not be removed , altered or pulled down.

Whereas, in the reference 3rd cited you have submitted reply to the above said

show-cause notice stating that…………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………….………………….

(****).

Therefore vide reference 4th cited the request made by you has been rejected / you have not submitted reply to the above said show-cause notice. Therefore, under the provisions of Section 115(3) of APCRDA Act you are hereby directed to remove the following unauthorized construction / deviated portion within 24 hours failing which same will be removed by the APCRDA and the expenses thereof will be recovered from you.

Details of the deviated portion / unauthorized constructions to be removed.

1. ………………………………………………………….


37

2. ………………………………………………………….

3. ………………………………………………………….

Therefore the request made by Sri ............................................... is hereby rejected / Sri/Smt………………………………………. has not submitted reply to the above said show-cause notice . Therefore, further action will be taken as per Section 115(4), 116(2), 116(4) of APCRDA Act.

Zonal Assistant Director

………..…………….. Zone.

To Sri/Smt. ……………………………………….

…………………………………………………..

…………………………………………………..

2. Building Inspector, ............................ Zone, APCRDA

(**** give the gist of the reply , examine the reply in the context of nature of deviations and hardship cause to public in general and neighbor in particular and a write paragraph with reasons to reject the averments given in


O RDERS UNDER SECTION 116(4) of APCRDA ACT 2014

Order No:………………………………………. Date : ……………….

Sub:-APCRDA – ………………..….. Zone – TPS –Deviation to the sanctioned plan / unauthorized construction at ………………………………. Situated at ...................................................................... Order for sealing of unauthorized construction / construction made in deviation to the sanctioned plan – Issued – Regarding

Ref:- 1. This Office permit No……………………………………. dt:…….…..

2. This Office Show-Cause Notice No……………………….dt:………..

3. Reply dated ……………………submitted by Sri………….

*** *** ***


38

O RDER :-

Whereas, it has come to the notice of the undersigned that one

Sri/Smt………………………….……………………. has made the following

deviations to the sanctioned plan / constructing the building unauthorisedly in

Pr.No……………………… situated at ……………………………………

……………… ………contrary to the provisions of APCRDA Act and Bye-Laws

made there under as detailed below.

1. ………………………………………………………….

2. ………………………………………………………….

3. ………………………………………………………….

4. ………………………………………………………….

5. ………………………………………………………….

6. ………………………………………………………….

Whereas, in the reference 2nd cited a show cause notice under section

115( 3) of APCRDA Act was issued to him / her to show cause why the portion

of construction made by him / her in contrary to the sanctioned plan /

unauthorizedly in Pr.No………………… situated at

…………………………………… ………………… should not be removed , altered

or pulled down.

Whereas, in the reference 3rd cited

Sri/Smt………………………………………. have submitted reply to the

above said show-cause notice stating that

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

Therefore vide reference 4th cited the request made by

Sri……………………………………………………………..…. has been rejected /

Sri/Smt………………………………………. has not submitted reply to the above

said show-cause notice.


39

Therefore, under the provisions of Section 116(4) of APCRDA Act, it is hereby ordered that the ZAD, ZONE ……………….……, A P C R D A shall seal the building immediately on………..

Zonal Deputy Director

…… Zone

To …………..

In the Court of Judicial Magistrate, Vijayawada.

C.No. of 2016

Andhra Pradesh Capital Region Development Authority

Rep. by the Commissioner,

Vijayawada. … Complainant

Vs

Sri

S/o. _

Door.No. _,

_,

,

Krishna District. … Accused

C OMPLAINT FILED BY ON BEHALF OF THE COMPLAINANT U/S 200 OF

C RIMINAL PROCEDURE CODE AND SECTION 114(1), (2) & 116(2)of APCRDA,

A ct 2014

1) The Complainant submits that the Andhra Pradesh Capital Region

Development Authority (APCRDA) Act, 2014 has come into force with effect from

30th day of December, 2014, by virtue of notification published in Extra-ordinary


310

issue of A.P Gazette, dated:30.12.2014 and APCRDA has been created for the

purpose of Planning, Coordination, Execution, Supervision, Financing, Funding and

for Promoting and Securing the Planned development of the Capital Region. One of

the main function of the Authority is to regulate development activities in accordance

with the development plans and regulations, and to bring aesthetics, effiency and

economy in the process of development and to approve plans, mange and control the

development of land in the Capital region and also to regulate the development of

the periphery area. Further it is submitted that for any land for layout or subdivision

of plot or construction or building or institution of use or change of use of any land or

building shall be undertaken or carried out in the development area with obtaining

development permission order from the Commissioner, APCRDA is mandatory as per

the section 108 & 110 of the APCRDA Act, 2014

2) The Complainant submits that the accused being the owner of the property

bearing No. has obtained permission from the

Grampanchyat for construction of residential building in

upper floors vide B.A.No. , Dated ---------

3) The Complainant submits that after taking approval from the

Grampanchyat the accused commenced the construction work and

carrying ahead with the residential building. During the outdoor inspection

concerned staff it is found that the accused while carrying on the construction works

deviating the approved plan and constructed unauthorizedly floors without

obtaining permission from APCRDA and in violation of APCRDA Act, 2014 building

rules, ZDP Regulations/ Layout conditions in the locality in the above address. Then

complainant instructed the accused to stop further construction as it is not

accordance with the approved plan. Notices were also served under sections 115 (1)

& (2) & 116(1) and 115(3) of APCRDA Act, 2014 to the accused. The said notices

have been received by the accused, but did not comply with notice or stopped the

work.

4) The complaint submits that as per section 114(1),(2) & 116(2) of APCRDA,

Act,2014 reads, “Any person (accused), who continues to carry out the development

of land, whether for himself or on behalf of the owner or any other person, after such


311

order has been served shall, be punished with a fine equivalent to twenty percent of

the value of the land as fixed by the Registration Department at the time of

undertaking the development of the land or building, and in the case of a continuing

offence with a further daily fine which may extend to fine equivalent to one percent

of the value of the land as fixed by the Registration Department for every day after

the date of the service of the order during which the non-compliance has continued

or continues.” In view of the above provision the accused is liable to be punished.

5) The complaint submit the accused taken approval for construction of

Residential building for sqmts. But the accused violated the approved plan

and constructed sqmts. Hence the accused constructed by deviating

approved plan and additional constructed area is sqmts is equal ant to

sqyards. The facts as detail in the schedule. Hence he is liable to punish as

per section 114(1),(2) & 116(2) of APCRDA, Act 2014.

6) The complainant submits that APCRDA comes under APCRDA act, 2014

hence the complainant is filing this private complaint.

7) It is therefore prayed that this Hon’ble court may be pleased to take

cognizance of the case against the accused for the offence u/s 114(1),(2) & 116(2) of

the APCRDA, Act, 2014 and enquire into the matter issuing non bailable warrants

against the accused and punish the accused according to law and pass such other

orders as Hon’ble Court may deem fit and proper in the circumstances of the case.

I, the complainant herein do hereby declare that the above stated facts are all

true and correct to the best of my knowledge, belief and information and after

understanding the above contents I signed the verification at Vijayawada.

Complainant


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S CHEDULE OF THE PROPERTY

Krishna District, Registration District, (M), Ward no. , Door

No. , _ , GramPanchyat extent of sqyds of land in

Sy.No. and 5 storied building in the name of Sri _

S/o. , bounded by:

East:- Existing building bearing Door No.

West:- Existing building bearing Door No.

North:- Existing building bearing Door No.

South:- Road

T he details of construction as follows:

Item

Setbacks/Area is

to be Left as per

approved

As on ground

constructed

Deviation portion

/Additional

construction

No. of floors Stilt +3 upper

floors

Stilt +5 upper

floors

2 upper floors

S et Backs:

Front

Rear

Side – I

Side – II

Total

P LINTH AREAS


313

Item

As per approved

As on ground /constructed

Deviation portion /Additional construction

Stilt floor

first floor

second floor

Third floor

Fourth floor

Fifth floor

Total

Advocate for the Complainant Complainant

List of Witness:

1) Sri Panchayat Secretary, G.P,

_(M), APCRDA, Vijayawada

2) Sri. APCRDA, Vijayawada

List of Documents filed on behalf of the Complainant :

1. Copy of approved plan 2. Served copy of notice dated under section 115(1) &(2) and 116(1)

of APCRDA, act 2014. 3. Served copy of notice dated as per directions of the Hon’ble High

court of A.P., Hyderabad. 4. Served copy of notice dated under section 115(3) of APCRDA, Act 2014. 5. Photograph of the building constructed by accused.

Advocate for the Complainant Complainant


314

R OAD WIDENING UNDERTAKING

[Notarized undertaking to be executed on Rs.100/- Non-Judicial Stamp Paper]

This undertaking is executed on this the….…………day of .......................2015 by………………….…………………S/W/o…………………..…………………………………………….. …………………………………R/o………………………………………………………………………… ………………………………situated at …………………………………………………………….. herein after called the First Party which term shall include their legal heirs, successors, assignees and tenants in favour of the Commissioner/Vice-Chairman, ………………………………………….………… Nagar Panchayat/Municipality/Municipal Corporation/Urban Development Authority/Andhra Pradesh Capital Region Development Authority, herein after called the Second Party which term shall include its representatives, agents, officials and staff.

WHEREAS, the First Party has applied to the Second Party for regulating and\ penalizing the

building constructed unauthorizedly / in deviation to sanctioned plan in the premises situated as given below.

Schedule: Building location:

Name of the Party:

T. S. No. Street

Door No. Locality

Plot No. City/Town/

Village

Layout / Plot Area

Sub.Divn .

[in sq.m /

No. sq.yd]

WHEREAS, the Second Party has stipulated a condition that:

The land and the existing structures which are/is getting affected due to the proposed road widening throughout the frontage of the plot as per Master Plan/Zonal Development Plan/Road Development Plan from the existing width of ……………………..(mts.)[or]……………(ft) to the proposed width of …………..(m) [or]……………….(ft) admeasuring …………………..(sq.m) [or] ………………..(sq. ft) [or] ..................... (sq.yd) located in the premises as given in the Schedule


315

above will be surrendered to the Second Party for road widening as and when required for future road widening free of cost without claiming any compensation towards the land and the structures existing on the road widening site.

The First Party in token of accepting the above conditions hereby undertake that the physical possession of the strip of land and structures there on will be handed over to the Second Party as and when required free of cost without claiming any compensation towards the said land and structures.

The above undertaking is executed by me with free will and due consciousness.

Signature of the First Party

Name of the First Party

W ITNESSES:

A: Signature:

Name and address:

B: Signature:

Name and address:

Sworn and signed before me on this ------------ day of ----------- 2015 in the presence of above witnesses.


316

PUBLIC NOTARY

Certificate to be signed by the Structural Engineer:

I hereby certify that the building is structurally safe and the construction is in accordance with the specified designs and that I will be held responsible if the same are not in order at a later stage.

Name Signature

License Stamp

No.

Address

Phone Mobile

Land line

Signature of the Applicant

Name of the Applicant

Date Place

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CHARGE SHEET

IN THE COURT OF THE SPECIAL JUDICIAL II CLASS MAGISTRATE

…………………..

1) Complainant :

2) No & Date of Charge Sheet :

3) Name & Address of the Accursed :

4) Father’s / Husband’s Name :

5) Age About (in years)

6) The accused named above has commenced and constructed

………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………

……………………………………………

Without applying or obtaining prior permission from the executive authority as required under

sections 209 & 211 of A.P.M.Act.1965 The extent of plinth area of the construction commenced is

…………………. Sq.mts. The nature of roof is said by the accused is terraced M.tiled/sheet roof/Thatced

roof in violation of building rules & Zoning Regulation.

For the unauthorized construction made by the accused, P.O. & C.O. notices were served on the

accused on dated ........................... respectively as required under section 228(i) (ii) & (iii) of A.P.M.Act

1965 the accused has not complied with the lawful direction given by the Municipality.

In addition the accused has also not paid any license fees etc. required under section 209 & 211

A.P.M.Act 1965, which will be a financial loss to the Municipality

Hence the accused is liable for punishment under section 211 read with 349 of A.PM. Act. 1965

and recovery of following building licenses fee and other charges as required under section 344 (10)

A.P.M. Act 1965 and to penalize the accused for violation made as required under section 176 and 177

read with section 336.

1) Building license fee 2) Building material Charges 3) Site approval fee 7) Section of the By-law or under Which the accused is charged on penal Under section 211,217 & 228

sections. Read with 340, 176, 177 read with 336 of the

A.P.M. Act 1965 and under section 344 (10) of A.P.M. Act 1965

8) Name of the witness

1)

2)

3)

9) Date of institution of the charge

:

MUNICIPAL OFFICE

…………………………. Commissioner,

Dt ........................................................................................................................ Municipality.

Encl : Served 1) P.O. 2) C.O.Notices

U.C.No. / 200 -B.O.- Date : ……………….

U nauthorized Construction Report by the Building Overseer

During my outdoor rounds to day, I found that the following construction was commenced by

deviating the approved plan of B.A. No. ……………… Date …………. Unauthorized in ..................... Street of

Door No…………. T.S.No………………… Ward No. ………. And the construction details are furnished

hereunder.

1. Name & Address of the Owner or occupier :

of the Building & father’s name

2. Age (approximately) :

3. (a) Nature of unauthorized construction of :

Building.

(b) Particulars of the Violations if any :

4. Progress so far done :

5. Masons engaged with their names :

6. Other particulars if any :

Building Overseas

……………..Municipality.

Rough Sketch showing the unauthorized construction with the measurement.

The owner of the building has not taken the prior permission from the municipality as required

U/s 209 of APM Act 1965 and commenced the construction illegally in contrivance to the section 211 of

the Act.

Hence provisional Order notices under Section 217 (1) & (2) may be issued to the owner of the

building and draft notice submitted for approval.

Building Overseer Town Planning Officer Commissioner,

…………… Municipality.

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