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The Andhra Pradesh Urban Areas (Development Amendment) Act, 1986

Act 27 of 1986

Keyword(s): Capital Construction, Competent Authority, Development of Industries, Displaced Person, Land Amendments appended: 13 of 1988, 7 of 1994, 12 of 1996, 13 of 1996, 3 of 1997, 12 of 2000, 9 of 2001, 15 of 2003 , 31 of 2006

THE ANDBRA PUDESH URBAN AREAS (DEVELOPMENT) AMENDMENT ACT, 1986.

ACT No. 27 OF 1986 * . - [ 18th Azigtrsf, 198q.

- ,

An Act further to amend the Andhra Pradesh Urban Areas f Developmmt) Act, 1975.

Be it enacted by the Legislative Assembly of the State of Andhra P~adesh in the Thirty-seventh Year of ~ h c Republic of India as follows :--

1 . (I) This Act nlay be called the AndhraPl-adesh Urban Areas (Development) Amendme~lt Act, 1986. short tm

rind corn- menGmaP~ . .

. . . . . ... ... .

(2) It shall come into force on such date as the . . . . . . -

. . ..- . .

Stale Government may, by notification, in the Andhrn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-.

PrndesI~ Gazette, appoint. . - - - .

2. In the ~udhxa' Pradcsh Urbau Areas (Deve- lopmenr) Aci, 1975 (hereinafter referred i o as the Substitation principal Aci), for seciion 4 the following sections ziym, shall be substituted, miuely : - &on 4,

m1Of

4. ( 1 ) For any authority, the Government m y , 19"* sanction a post of &cre&cy, a post of

1 " A p p o ~ ~ c n t uf Chief Accounts OEcer, a post of Town S c c r c t a ~ , chief Planner and a post of Engineer who A m u b O w , shall exercise such powcrs rtad pfiform Town PIanncr and Engin~r. such functions as .may bt: prescribzd or

as ma1 be dekrmincd bj ~cgulatians . made by tbc authority in thisbehalf or deltpabd tq themby thr: Auchorityor the Chairman. ,

(2) Bofore sanctioning any post under sub- section ( I ) , the Goven~mcnt shall consult the autho: -

rity conm:~-ned, .

(3) All thc appointments to posts sanctioned uuder sub-section ( I ) shall be made by the Govern- ment.

- *Rcqivcd fht assent of thc Govornor on the 16th August, 1986. .

For Statement of Objects and Reasons, pIeaso see the Andhra -

, Pradesh Geette , Part ZV-A,+ Extraordinay, dated the 26th July, 1986, at pagci4.

- .

(4) All the officers appointed under sub-sec- tion (3) shall, save as otlle~vise providzd in the lules relating to the discipline and conducts of those oEcers be deemed, fo,r all purposes, as oEcers of the Autho- 7

rity and shall, in the exercise of the powers and discha~gc of the duties under this Act, be subject to i such control and direction of the Vim-Chairman as may be prescribed.

(5 ) ,Thq Government &a!: pay out of the Con- solidated Fui~d of the State, the sabri~s,, allowances,

.,leave allow nces, pension and wir tribu tron, if ;I ny, towards the pr~videot fund or pznsion-cum-p1,ovidcnt fund of every officer ,appointed by the Government under sub-section (3). , -

i

Gwcrnmcnts powcr to . rcgnlatc the met hods of rcauitmmt, conditions of service, etc, of oficcrs appointed under section 4.

4-A. (I) The Govemmment. shall have power-

(a) to make nrles to regulate the classification, methods of recnrittment, conditions of service, pay and allowances and disdipfinary conduct of the officer

appointed under seciion 4-

(b) to recover from the Authority concerned the , whole or the salaly and allowances paid to any such officer and such contribution towards such officer paid by the Government under sub-section (5) of section 4.

(2) The Government may al any time withdraw I any officer appointed under section 4 and appoint another in his place. .

Gnstitution of a urbnp Develop-

* mtntautho- rities d m for the Stah for any class ot

- o m a n d mploveC3 d t h c . ~m0ritie.S.

4-B (I) Notwithstanding anything in this Act, or the rules made thereunder, the Government may, after consulting dl the authorities by Notification consti- Stilute any cIass of officers or employees of the Authorities into a Urban dew- Iopment Authorities Service for this State.

(2) Upon the issue of a notification under sub- ,

section (1) of the Act, Government shall have power to make rules to regulate the classification, methods of

': recruitment, conditions of service, pay and allowanecs and discipline, and conduct of the ofhers and emplo- - yees of the Urban Development Authorities, service thereby constituted and such rules may vest jurisdic- tion in relation to such service in the Government or in. such other Authority or Authorities as may be prescribed therein

3. In section 59 of the principal Act, in sub- d-s. . ,

section (I), clause (d) shall be,omilted . . , . . . , . . - , . .

THE AllDU3.A PRADESH URBRN AREAS (DEVELOP- AEDT ) (hE1EHDMENT) ACT, 1.9 = .

ACT 80. 13 0i7 1988*-

[ZUth A p r i l , 198g.1

A n A c t furbile..: tc. amend t h e Andhra Pra- desh U r b ~ n 8,rezs I Development 1 A c t , 1975.

B-c it e n a c t e d by the Legislative Assembly o f the S t a t e of Andhra Pradcsh in the 7 h i r t . y - n i n t h Year of the Republic of I n l l S a s Eo?.l.ows : -

I.. 'Chis F - c t luay hs called the Andhrz s h , ~ , . ~ t 4 t l r P.cndcsh Urb?:~? -Areas ( Development ) (Amend- ;r,er.-L) Act, 19E8.

-RcccIycd r h o asscnt of t h c Govcrnpr ~ r , i h c 1 9 t h hprli. '19CB. Far S t ~ t e ? . e n t o i O b J c c t s and RcaLons,. plcascl scc i k c A n d h r a P r s d c s i i G z z e t t r , P a r t I V - A , Extraordln~i-y. d a t c d t h e 2 8 t h Harctt. 19OF,at pagc 4 -

i n n

lorerrionof 2. In the Andhra Pradesh Urban Areas (Develop- IICW m i l o n !$-A, A~L- I ment) Act, 1975 (hereinafter referred to as the or ig75- principal Act), after section 18 , the following section 9

shall be inserted, namely:- 18A. . . Wherc the authority proposes to acquire any

"Acquisi~ion land o h e m than under the pro-

of land by - V ~ ~ O I ~ S of the Land Acquisition Act, Cc;tmlAct 1 privalc ncso- 1894, it shau obtain the previous

' OI 1894, 'riations. approval of the Distnct Collect or,

cherelor. While according his approval, the 'District Collector shall determine the value at which the land is to be acquired and every such acquisition shall be subject lo the previous sanction of the Government as may be prescribed".

Inserrion 3. Mter section 20 of the piinci@al Act, the n a w m h o n followmg section shall lx i n se ra , namely:- M A .

ZOA. [ I ) Notwithstanding anything in section 20, " Salt of - Gove;nmcnt

tbe Government may effect the sale of ~mds by their vacant lands by public auction on publiu auction and

such terms and conditions as may be their admi- prescribed: nistmtiop.

Provided that no such land shall be sold to or ' purchased by or on behalf of a -operative society. .

(2) The owners of the land purchased under subsection (1) shall-

(a) -form - into a co-operative society; and (b) submit a declaration to the Authority in

such form , a d in such manner and c w W g such particulars as may be prmrikl .

( 3 ) The administration of every property of the owners of land speci6ed in subsection (1) shall be 'governed by such directions as may k given by the Gavernment br the- Authority from time to time and by the bye-lavs framed by the . co-operative smiety and as amended from time to time and a true copy of !he byelaws ,and' the ame~.dments thereto, if any .

101

shd$ p soon as they arc made k filed with the Authority and be annexed to the declarations mads under sub-section ( 2 ) :

Providd that no such byelau~s or mendments thereto shall take etiect until copies thereof are duly filed by with the Authority.

(4) The bye-laws shaU conform to the direc- tions given by the Authority from time to Lime and may provide for the following matkrs, namely:-

(a) the manner in which the association of the owners of vacant lancl is to be formed,,,the election of a Board of Managers from among thd owners, tlie . n ~ m b e r of persons constituting the board, the number of menbers ol such board to retire annually, the powers and dutics of the board, the. honorarium, if any, of ihe members af the board, the method of removal from the office of members of Ihe board, the powers of the board to engage the services of a manager and delegation of powers and duties to such manager.

., (b) mamcr of calling meetings of theowners of vacjnt lands and the quorum for such meetings,

(c) election of a Eaident and for prwiding over the meetings ,of' the Board and of the association iu the absence of the President;

(C-) electicns 01 a Secretary who shall keep minutes book wherein resolutions s h d be recorded;

(el- election of a treasurer who-sha!l kcep ti:^ ii~nncial :.,r:cords md books of accouns,.,;

<," . ~ : ~ . i ! l . l ~ : ~ ~ ~ . : ~ ~ < ~ . repajr sx(,' . ' %+c . I - b, ! a : - calm-!! ,I.. j-;; 2 7 '? - '

- ... . ,:,:.ties 2 1 ~ :-,:i:,l,i,2!, , , : . , i=; I:, .,:.:, ,, .; ,:acxti:lg i-,.j:j> ihv- Lm8:cc~x L : ; + . ,

share of the cmiiinG1.. :. ::.:!~scs;;: l-!L.,.:i (h) any other Iuzr~s, :~:lsi&i~.C:r to h: ~ C C , _ L L , ,

iur the ac 'dstral ion of l-hz property.

' THE ANDHRX ' P W E S H UREA33 ARE!& (DEVELOP- ' MENT) ( A M E N D ~ ~ N T ) ACT, 1994.

ACT No, 7 OF 1.994.

' AN ACT FURTHER TO AMEND TBEANDHRA PRADESE LTTBAN AREAS (DEVELOPMENT) ACT, 1975.

Be it enacted by the kg l s la t ive kssem- hly of the State of Andhra Prxdesh :n the

1 Forty-fourth Year of the Elepub.l.ic of India as follows:-

1. (1) Thfs Act mayf be called theshort t f t l e Andhra Pradesh Urban Areas (Development ) and (Amendment) Act, 1994. C ~ m m e n cemen t

(2) 1t' shall be deemed to have come Into force' on and from the 19th August, 1992.

2. In the Andhra Pradesh Urban. Area.s Act , ' (Development) - Act , 1975, in sect ion 38, , 9 7 5 .

f o r sub-aection ( 1 1, the following sub- sect ion sha l l be subst i tuted, namely:-

; *Recelued the assent ,o f the Governor on the 25th January, 1994. For Statement o f o b j e c t s and .Reasons, P l e a s e see Andhra ~ i a d e s h Gazette, Part I V - A , Extra- ordinary; dated t h e 27th Oecembcr, 1993 a t Page 3.

V (1 )- Xotuithstanr ing ariy t h i n g conta ine t in this A c t , where, for any reason, there

%a delay in the consti:ution or re-con- s t i t u t i o n of thn ~ u t h m i t y in. accordance. w i t h the prpvisions . of , , t h i s A c t , - the Government may, by notification agpoint a Spec ia l O f f ioer to manage t h e ' affa irs ' o f the A u t h o r i t y u n d e r the Act, for a ~eriod-" which shall not exceed o n e year f f o m the date of,such appointment:

Provided that the Government may, f m n time to>.time, by notification in the,, Andhka Pradesh .Gazette and Eor' reasons s p e c i f i e d therein extend t h e s a i d period of appointment of special O f f i c e r beyond 'one year, . for a further per-iod OK periods, 50 however thk period of appointment of the Special - off icez . shall- ' not, . in the aggregate exceed tua y e a r s . "

vu&tioal 3 , - Notwithstanding any th ing contained i n : t h e principal A c t , the 'conFinuance o f the Special ' O f f i c e r .appointed in ' G . 0 .Ms, no. 109, Municipal ~ & n i n i s t r a t i a n -DepartL

. - r. ~t d & t e 3 the 19th February, 1992 beyqnd ' a k e r i a d of - s i x - months shall not be deemed to, be : invalid or ever to , have become invalid ,and accordinglyr -

(i I anything done o r any action' &ken -.. by s u c l ~ . Speciai -0fficgr after t h e expiry of the S a i d period of'six m~nths shall be

. . deemed ,to, have heen validly done o r taken ' a s if 'such Special .Officer h a w n o t ceased to 'hold affice; and . .. -:

. (ii ) .the-.Sp.eeial ~ffick;. . appointeii ir , . the said Government order s@all,.ccntinul

to hold p24ice - fo r n . pcriod '.qf one yea, , ,.

with- etfe~t' from the' 19fh Febsuary,! ,199 " ''as -i;f hs'; has been ',appoinfed,"fet a perio .

- bf ,.:on& ' year - unbbr': - sub-s,ectim(l) o s ec t i on 38 of the principal/ A c t as smende by t h i s ~ c t .

K- SAFYANkRAPANA M f R W r Secretary to Government,

L e g i s l a t i v e Affairs, Law Department.

THE ANDKRA PRAnESH URBAN AREAS (DEVELOPMENT) (.AMENlMENT) ACT, 1996.

ACT No. 12 OF 1996.

w [26th August, 1996.1

AN ACT FURTHER TO AMl?,ND THE ANI)HRA P M E S H URBAN AREAS (DEVELOPMENT) ACT, 1975.

1 ,

Be . it enacted by the Leg i s la t ive Assembly of the S t a t e of Andhra Pradesh in the Forty-seventh Year of the Republic of Indfa as follows:-

1. (1) This Ac , t may be c a l l e d the short ti t l

Andhra Pradesh Urban Areas f Development )' and (Amendment) k t , 1996. commencemc

*Received the assent o f the Governor on the 26th August, 1996. For Statement o f o b j e c t s and Reasons. P l e a s e see Andhra Pradesh Gazet te , Part I V - A , Extra- ordjnary, dated the 2 1 s t March, 1996 a t Page 3 .

(2) It shall be deemed to have come into force with effect from t h e 13th November,. 1995.

.'

Amendnent of 2. In the Andhra. Pradesh Urban Areas, sect ion3, (Developmen-t:) Act, 1975 -(hereinafter

. Act l of 197% referred to as the Principal A c t ) ,in sect ion 3 , fo r - sub-section (51 , the fo l lowing s h a l l be substituted, namely:-

" ( 5 ) The Chairman and every member j of the.Authority, other than ex-officio I

member, shall hold office dur'ing t h e pleasure of t h e Goverment~' . I

Cessation of office of Chairman and rlembers, etc

3 . (1) Notwithstanding - anything contained in the p r i n c i p a l , A c t and t h e rules, order-, : bye-laws or regulations : . made thereunder, the Chairman and every ; member of t h e Authority. other than j ex-officio members holding office 7!

'before the commencemen-t: of this A c t / shall cease to hold such o f f i c e ! forthwith.

(2) O n such cessation, . it s h a l l be competent for the Government to reconstitute t h e . Auth0rity.h accordance with the provis ions of the principal A c t .

Act to over 4 . The, provisions of this A c t shall o a r have- .&f gfrct. notwithstanding any thiny

l a w 6 and bar contained ,in any other law for the time of jmsac- be ing in force and accordingly,-- t ion.. of C i v i l Cour ts (a) no suit or other - ~roceediftg

shall be i n s t i t u t e d , maintained or continued in any court for the cont inu- ance 05 any non-of f ic ia l Chairman, or as

- t h e case may be, a non-official member who ceased 'to' hold. office under this Act;

ib) no court s h a l l enforce any decree or order directing the continuance of such Chairman or t h e members; and

(1

ic) a11 proceedings pending in any . cou r t claiming such , continuance shall. abate.

, , . 1. 3, (11 If any d i f f i c u l t y arises in Power to

giving .effect to the provisions of this remove Act , the Government may make such orders difficul- n o t inconsistent with the provisions of ties, this A c t a s appear to them to be necessary pr e x p e d i e n t f o r t h e purpose of renio-ving the' difficulty. !

. ( 2 ) Every order made under this section shall be laid before the- Legis- l a t i v e Assembly of t h e State, as soon a s may be; but ,in any case during. the n e x t session ' of the Legislative Assembly followin'g -the date 'of making such ,order.

6. The Aridhra Pradesh urban Areas &peal of (Development,) (Amendment) .Ordinance, 1995 and the Andhxa . Pradesh Urban Areas 16 of 1995, (Development) t Third Amendment) Ordinance (hd- 1996 are hereby repealed. nance I1

of 1996-

G , BHAVAHI PRASAD, secretary t o Governmentr

Legislative Affairs & Justice, Law Department.

THE AND^ PRADESH URBAN DEVELOPMENT - {SECOND AHENDME~T) ACT, 1996.

ACT NO: , I3 OF 1996.

[26th August, '1996.1

AN ACT FURTHER TO AMEND TI& ANDHRA PWESH . URB~N AREAS (DEVEMPMENT) ACT, 1975.

' . .

B e ,it enacted by the Legislative. Assembly of the State o f hdhra Pradesh in

- the .Forty-seventh 4ear of the Republic of .

India as follow&:-

1. (1) This Act may be ~ i l l e d theshort t j t l e Andhr,a Pradesh Urban . Areas (Development) and -

(Second Amendment) Act, 2996. commencement. t

. * ~ e c e j v e d the assent of the Governor on t h e - 2 6 t h , A u g u s t , 1996. F o r statement o f objec ts and Reasons, Please see Andhra Pradesh Gazette,-Part IV-A, Extra- ord$nary, - dated t h e 21st March, 1 9 9 6 a t Page 3 . . .

L

81 ' 1

( 2 ) fk s h a l l be de&:ei to r,c ::- I'I : '

into f brce on and from ' the 3;-d ?c'cL~~ai'j,, 1996.

Amendment. 2. In the ~ n d h r a Pradesh U r h n Areas oe set- (DeveLopment) A c t , 1975, in section 28,

28v in sub-section (21, for, the first proviso, A+& 1 of 1975. the following proviso shall be subst i tu-

ted, namely :-

"Provided t h a t , the development . charyes may be levied at different rates for di f ferent i n s t i t u t i o n s ,of use as may be prkscribed from time to time to which - the land, or a s ?he case may be the building, is used.".

' ' ~ e p e d o f 3. The Andhra Pradesh Urban Areas - - - - .; Ordinan= ( Development ) I Sec om? kendmenk ) 1U of 1gg6* Ordinance, 1996 is hereby repealed.

G. BEAVANI Pnasrn, Secretary to Government,

LegiSlative Affairs & J u s t i c e , Law Department..

THE ANDHRA PRADESB URBAN AREAS (DEDLOP- MENT) (AMENDMENT) ACT, 1.997.

a. ACT NO. 3 OF 1997.~

[26th March, 1 9 9 4 I

AN ACT FURTHER TO AMEND. THE AND- PRADESH URBAN AREAS (DEVELOPMENT) ACT, 1975.

C

Be it enact,ed by the Legislative Assembly of the State of Andhra Pradesh in the ~ o r t y - e i , g h t h Year of the Republic of India as follows:-

1. (1.) This A c t may be called t h e s h o r t t i t l e Andhra Pradesh Urban Ateas (~evelopment ) and corn- (~mendment) A c t , 1997. men cement,

.. * ~ e c e 3 v e . d t h e assent of t h e Gbvernor on 2 5 t h Harch, 1997. For Statement of objects and Reasons, please see the A. P . Gazette Part IV-A Extrdordinary dater! 2 4 t h february, 1997 at r-3.

( 2 1 It shall, be deemed to have come . , in30 force on and from the lg thFebruary , , ' I

1 9 9 4 . . Amenhenl 2, In the Andhra Pradesh Urban Areas o f ' (Development) A c t , 1975 in section 38 , .

section '38. i n , sub-section I1 1, in t h e proviso for ~ c t 1 o f the words "in the aggregate exceed ..

1975 - two years", the words "in the aggregate exceed s i x years" shall be substituted. . .

validation. 3 . Notwithstanding any t h i n g contained in the p r i n c i p a l - Ace, the cont inuance -

of the Spec ia l Officer, Puttaparthi Urban Development Authori ty appointed in-

- G. 0 .Ms ,No. 109, Municipal Administration Department, dated the 19th February; 1992 beyond a period of t w o years shall. not be deemed .to be . in.valid or ever to1 have become i n v a l i d and accordingly j-

(i) anything done or any action taken by such Special Officer after the . expiry of t h e said period of two years- shall be deemed to- have- been validly done or taken as if such Special Officer has not ceased to hold office; and

( 5 i ) t h e Special Officer appointed in t h e said Government ' order shall , c o n t i n u e to hold office f o r a .period of four years with effect from the 19th February,-1994 as if his appointmenthas been extended for a period of four A

years from that date.

G . - ~rn~h-1 p k b , Secretary to Government,

Legislative A f f a i r s and Justice, Law ~ e p a r t m e n t .

ANDHRA PRADESH ACTS, ORDINANCES AND -REGULATIONS Etc..

The fo l lowing kct of the Andhra Pradesh Legis1,ative Assembly received the assent o f ' the Governor on t h e 27th April, 2000 and the said assent is hereby -first published on t h e 28th Apri1;2000 in me Rndhra Pradesh,Gazette forgeneralinfor- mation.

ACT NO. 12 OF 2000

AH ACT FOATEER TD &END TEE ANDBRA PRADEB WAfJ AReAs ( DmP-1 Aff , 1975.

Re .it enac ted by the ~ e g i s l a t i v e Lssembly of t h e State of Andhra Pradesh in the Fifty-Eirst Year of the Republic of I n d i a as follows:-

169 ]

sbgrt title 1 . (1 1 his bet Jay b , ~ ' c a l l & , yhc ad , Andhra Pradesh -Urhzn: areas ( ~ e v e l o ~ c & t I .-mt- (Zmendnent) ~ = t , 2000.

( 2 1 It. s h a l l be deened ' to have cone i n t o f a r c on and fro13 the 919th February, 1998.

a h t 2. In the, P-ndhra Fradesh Urban Arcas ?f section (Developrent) ~ c t , 1 9 7 5 , in section 39,

Act f in sub-szction (1 ) , in t h e . proviso for t h e words "in the amregate exceed six yezrs" the cords' "in' the eggreqote exceed trro years", s h a l l be substituted.

v&da- 3 . i?ot\rithstanding snything don- in~d t ion . . in the principal ' . ~ c t , the cont inuet ion

of the Special- Of fieer , Puttaparthi U r a n i i Devalopnent Authority a p p o i n t 4 in G -0 .I.i.s .l!o.. 109, ;!unici?al Ldministr~tion- D e l a r t a e n t , - Bated t h e lD th ~eSruary, 1992 Eurins the period fron19thFebruary, 1998 to the 4th Aprilr 1990 shal l not be deened to be invalid ar ever to have bccone invalid and accordin51yr -

i a n y t h i n s done or any action taken by such S2eeial G f f i c e r during the said period s h a l l be Cczned to have been validly done or taken as if such S p e c i t l OfZicey has not cezsed to h o i d office; and

, (iil the special Officer sppointee in the said Gdvernnent Order shall eon- t i n u e to hole off ice r ~ i t h effect .Pro:.\ . the 19th February,. 1,992 as if h i s appoint- ment has been extenriec' upto 4th April, 1993, the Bztc on . which the Sri Sztyz . S a i Urban Develo2rLeirt Author i ty \?as con- s t i t u t e d in G - O . r ' s ' . l ! o . l 3 9 , 1 M.A, t U.D.

- Department, dated ,4-4-1996 in superse- ssion of the orders issued in G . O . I l s . l?o.l09, H . A . , S a t e d 19-2-1992.,

- ' G : '- B ~ V A P J I PRASAD , . Secretary to Government,

Ley i s la t ive Affairs e J u s t i c e , , Law Department.

According to subsection (1) OF section 38 of the Andhra Pradesh Urban Arcas [ D e v e l o p m t ) Act, 1975 (Ad W.1 of 1975) where Eor any reason. t h e r e i s delay in the' cxmsti- . tution or reconstitution of the Urban Developmznt A u t b o n t y , the Government may a@nt a Special O f f i c e r to -qe the affairs of the Authority for a perid which shall mt exceed one year from the date of such a p o i n e n t . The prwiso to sub-section(1) of section 38 of the &d A a provides that: the said period may extcnd w a n d me year. Tfierefyre, the period OE Specia l O f f i c e r in Sri Satya Sai Urban % c l o p n b Authority, puttapartbi w a s exmded f m t ime to time upto 6 years due to administrative r e a s a s , It is felt that the term oE s i x years is too long and it is decided to reduce the rruaximum period to 2 y e a r s - Bence. the Goves-t have decided to amend the eroviso to &seckicm(l) ofsectia13.8 of the Andhra Pradesh Urban meas ( m v e l p n t ) &, 1975 suitably.

Whereas, the Andhra FTadesh Urban Areas (Dzvelo-t) (Amendment) B i l l , 1999 has been introduced inthelegislakive Rs7embly of the State cn the 27th mch, 1999 as W l a t i v e Assembly B i l l No. 10 of 1999, the sa~W has lapsed Ute to disolution of the Tenth I&gislative A s s d l y .

T h e Bill seeks to give affect to tbe'ahme decisirm.

w- a. Fhm=, ninistcr for Mmicirr;rl m- 'stratimn and urban Devel-t.

The followi~g A c t . of, t h e Andhra Pradesh Legisjative Assembly r e c e i v e d t h e assent of the Governor on t h e 7th A s r i l , 2001 an2 t h e s a i d assent is hereby f irst y b l i s h e d on the lOth,April, 2001 in the Bndhra Pradesh Gazettc fo r gene ra l inforna"' uon.

ACT' Ho. 9 of 2001.

AN ACT FVRTHES TO AYEKD THE MDHRB PRADESH URBAN AREAS (DEVELOPMENT) ACT, 1975.

Be it enacted by t h e ~ e g i ' s l a t i v e Assembly of the ' State of Andhra Pradesh in the Fifty-second year of t he Republ- ic of India, as Eo1lows:-

1. (1) This A c t may be called 4 t h e FihrtlilleMen Andhra Prades h Urban Areas ( ~eveloprnent ) ~ ' - ' ~ m m e m (Amendment) A c t , 2001.

I , .

( 2 1 I t extends to the vhoLe 1.d the Sta te of Andhra Pradesh.

( 3 1 It shall be deemed to haere? come into force w i t h e f f e c t from the 2 .1~1 November, 2000.

2. In t h e Andhra Pradesh Urban U c a e . A- (Development) R C ~ , 1975, ( herlrinaftul' refer+ed to as t h e P r i n c i p a l A c t ) i!; sec t ion 2,-

(i) for elause(b), the following clause shall be substituted, namely:-

- "(bl ' a u t h o r i t y ' means an Urban Developmenf ~uthority c o n s t i t u t e d under. sub-sectionll).of section 3 or a Special Area .Development. - Authority c o n s t i t u t e d under sub-section(l1 of section- 3-A for a develprnent area under t h i s A c t , ;

(ii) f o r clause(rn1, the following clause s h a l l be s u b s t i t u t e d , namely:-

"Im) ' r e g u l a t i o n ' means a r e g u l a t i o n !

made under this A c t by an Urban Develop- ment .Authority c o n s t i t u t e d . under sub- section(l1 of section 3 or by a special Area Development Authority c o n s t i t u t e d under sub-section(1) of section 3-A for ' the concerned development area; " .

4 k?':, 3. A f t e r seci. icn 3 of the principal A c t , t h e ko2 ?.o-J~ing s e c t i o n she1 1 be i n s e r t e d , nameiy : -

3-A ( 1). The ~overnment ,nay ,

constitute a Special Area Development Authur i t y for .

Development any area in the State of Authoriky. .Andhra P ~ a d e s h as a Special

such. an area i6 c l a s s i f i e d c

as an urban area or otherwise, in t h e interest of specific .development objec- tives t h a t may be conducive to +he overall planned development of the S t a t e . >

(2) Save as o t h e ~ i s e spcc i i ied under t h i s A c t , the area comprised wFik.3-n the jurisdiction of a Special Area . Development - A u t h o r i t y s h a l l be deemed to be a Development Area n o t i f i r i un&dr section 13 of this A c t .

13 1. The Government may, by, notif ica- tion constitute a Spec ia l Area Develop- ment Authority for any p a r t o f a Develop- ment. Area for which an :Uzban Development: ~uthority 'was already constituted provided that the area so comprised with in t h e jurisdiction of the Special Area Development. Authority sha1.l be deemed to have bsen exc.luded from t h e .jurisdiction of the sa id Urban Develop-

, . ment Authority under section 13(2)(a) o f , i -this A C ~ . ! ( 41 Bokwithstanding anything conta- 1 ined in this A c t , or. i n any law for the ! time being in .force,' where any. c-arpora-

t i o n or company is formed - by the Government for the developnlent of any- partleular area; the Government may, by, notification declare such company ar corporakion 'tq be a l s o a Special Area Development Authority and the said area as a Development Area under this Act. " . , 4. The Andhra. Pradesh Urban Areas :$:$ ( Development 1' (Amendment) Ordinance, tzdm, 2000 is hereby repealed.

. , G BEAVMf PILASAD,

Secretary to Government) Legislative Affairs % Just ice,

Law Department.

~ h t . ~ b v c r n m c n t have cnns'cikuted Urban Develop- ' ment Authorities f o r rna;a= towns - and cities of the S t a t e . In recent t imes it. is felt that t h c prov, i s ions of the Andhra Pradesh Urban Areas ( D e v l o p m e ~ t ) Ac t , 1975, name1y;the r~quirement of preparing Master Plan, enforcing z o n i n g r e g u l a t i o n and integrated planning 2nd c o n t r o l encompassing > conservation of nakure, n a t u r a l resources and r.au made heritage must be e x t e n d e d to many o the r areas of the s t a t e . even though all such areas may .not have a large urban population or may n o t be i n the I

vicinity of-large c i t ies . 1

2. It is, therefore , proposed to create S p e c i a l Urban Developnent ~Litilofities wbFch will he lp in achieving special objectives of orderly growth and environmental up-qradakion ,in priority areas. This will also be u s e f u l in c a r v i n g out selected areas out of t h e j u r i s d i c t i o n of e x i s t i n g Urban Develcpment Authorities, wbich need spec ia l p l ann ing con t ro l s and a :ligh, level of inf rastruc- t u r a l and manager ia l i n p u t , Such areas a l s ~ can be n 9 t i f i e d as S p e c i a l Area Dzvelopment A u t h o r i t i e s to m a k e t h e m either specj.al investment zones, special tourist axeas or an exclusive enclave with interna- tional norms. Such ,high standards-of development may not be achievable for t h e whole of the metropolitan or urban areas for the present but c rea t i on of such enclaves and t h e i r successful opera t ion w i l l ca tch the i m a g i h a t i o n of people and w i l l _eventually . help in extending similar- d i s c i p l i n e , e f f i c i e n c y and managerial excel len'ce to the entire c i t i e s . 1

3 . To achieve the above objects, Government have d e c i d e d to amend t h e Andhra Pradesh Urban Areas ( ~ e v e l . o p m e ~ t ) , A c t t 1975 s u i t a b l y .

ANDHRA PRADESH ACTS, 0IU)ZNANCES AND

REGULATlONS Etc.

The following A c t of the Andhra Pradesh ~egislative Assembly received the assent of the Governor on the 22nd October, 2003 and t h e s a i d assent is h e r e b y first publ ished on the 24th October, 2003 in the Andhra Pradesh Gaze t te f o r general information : -

ACT No. 15 OF 2003 ,

AN ACT FURTHER TO AMEND THE ANDHRA PRADESH URBAN AREAS (DEVELOPMENT) ACT, 1975.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in h e Fifty-fourth Year of the Republic of India as followvs:

, Short l . ( l ) T h i s A c t r n y k d f e d t b e A n d h n ~ U h : and Areas'(Development) (Amndmmt) Act, 2003. 1 -

cemcnt.

(2) It shall be d e m d to have mn-e into force with e m from thc 5th February, 19%.

Amend- ment of section 2B. Act l of 1975.

2. In thc Andhra Radesb Urbm k w s (Dwebpment) Act, 1975 in ~~~.tion2&in&don(2),forthe fksiproviso, the following proviso shaU k sllbstiw namely-

"Pmvided that sucb rates of dm-elopment c-es shall notexceedru@onehundredarad~fiveper.squarc~ - in the me of dmk1opment of land and nrpees forty per meter in the case ofckve1~ofbuildinggn.

3. N o t w i ~ g a n y d m g o o ~ inany- decree orordaofany~Tnlbrmal mothmauthorityto the c o n m , b e notification issued in G.O.Ms.No. 5 1 MA. & U.D. Department, dated the 5th Februrary, 19% unda sub- section (1) of sectiou 58 of the Aadbra fradesh U h Areas (Development) Act, I975 amending the Urban Development Authority (Hydmbd) Rdeq 1975 as it s tod immediately kfore t f a c V o f t h e A n d h r a l h k & Urban Areas (DeveIoprnwt) (Amendment) Act, 2003 iixing. n n d d l o c t i n g o E r b e d e v e 1 ~ ~ ~ b E d W b e deemeddways t o h a v e b e e n , ~ i s s u e d l m d e r t b e p ~ ofthe p r i n c i p a l ~ c t a s a m e h d e d b y k ~ n d h r a ~ ~ r b a n Areas (I)evelopment) (Amendment) Act, 2003 and mrdingly-

( a ) d acts, p m d h g o r t f r i n e s d o n e o r ~ by the S t m G o v m m n t orbyanyo&aofbStateGowmmmtor by anyotkm&ority i n c a d o n with& Ievy and d d m ofsuch development d q t s shall for all plrrpases be M to be, and to have always been; done or taken in accordance with Iaw Gc P- \7

(b) no suit OT olher pmccedings shall be institbted maintained or mnlinued in my Courl, Tribunal or before aay awbority for the r e h d of any such development chargcs; and ' {c) noCourtshal1 enforce any dccm or order directing Lherefimdofany such development chars=.

4. The Andhra Pmdesh Uhm Areas @evelopmcnl) ~ ~ ~ , l , r (Ammdm~t) Ordinance, 2003 is hcreby repealed. ordk

lmnce 6 o f 2003.

ICG.SHANKAR, . Secrelary to Government,

Legislative Affairs &Justice PAC), Low&paiment.,

STATEMENT OF ORIECTS AND MASOPIS

According [o first ~roviso to Sub-mion (2)of Section 28 orrhc Andhra Pmdcsh Urban Arcas (Dcvclopmcnt) Act, 1975, x arncndcd by Act 13 of 1996 the dcvcloprncnt chaqcs may bc levicd at different rat= for diffemnr institu~ions ofuse as may be pmcribcd rrom lime to timc to which h e \and, or as the casc may bc !he building is used. In pursumcc of the a fowid provision Government havc fmmcd rula in G.O.PAsNo. 5 I, M.A. & U.D. (M.A.) dated 05-02-1996 przscribing dcvelopmcnt charges.

The said amendmen[ and the rules issued lhcreundcr has bccn challenged by ihc Siddhartha Academy of General and TcchnicaI Education, Vijayawvada in High Court in W.P.No. 344SR7 and the High t3iu-t of Andhra Pradesh rclying on the jndgrncnr of the Supremc Court in Corporation of Calcutla Vs. LibertyCinema(A1R 1965 SC I 107) has m c k down the said provision as void and Utm H m on hc ground diat d o n 28 of the said Act has been a m c n d ~ ~ w 3 h o u t f i n g any maxinlunl limit in r he said scclion. .

1% over come Ihc aforesaid difficulty, Govemmmr h v z decided rrr amend scclion 28 ofthe said Act suitably and also to validste tlie levy a i ~ d collec~ion of the developmenr c b q ~ m d e in accordance wih the des issued in G.O.Ms.No. 51. M.A. &U.D. (MA-)Dated 0542-1996.

As h e '~egislativc Assembly was not them in session havin~ h prorogued and lo give effect to iht above decision the Andhm hdesh Urban AWIS (Development) (Arncndmerb) Ordirrance2003 (Iladua Pradesll Ordinance 6 of 2003) has k e n pmrnul@d by ihc G o m o r on the 7th Augus~, 2003.

T h i s Bill seeks to replace the said Ordinance.

B.V. MOHlUU FtEDY, Minisferfor Municipal Adminir~ra;im

=nd Urban Dcvelopmm.

ACT No. 31 OF 2006

AN ACT TO AMEND THE ANDHRA PRADESH URBANAREAS (DEVELOPMENT) ACT 1975.

Be it enacted by the Legislative Assembly of the State

of Andhra Pradesh in the Fifty-seventh Year of the Republicof India as follows:

[1]B. 195-1

1. (1) This Act may be called the Andhra PradeshUrban Areas (Development) (Amendment) Act, 2006.

(2) It shall come into force on such date as theState Government may, by notification, appoint.

2. In the Andhra Pradesh Urban Areas (Development)Act, 1975 in section 28, in sub-section (2), for the firstproviso, the following proviso shall be substituted, namely:-

“Provided that such rates of development chargesshall not exceed rupees three hundred per square meterin the case of development of land and rupees one hundredand twenty five per square meter in the case of developmentof building”.

Shorttitleandcommen-cement.

Amend-ment ofsection28,Act 1 of1975.

T. MADAN MOHAN REDDY,Secretary to Government,

Legislative Affairs & Justice,Law Department.

The following Act of the Andhra Pradesh LegislativeAssembly received the assent of the Governor on the 17thSeptember, 2006 and the said assent is hereby firstpublished on the 19th September, 2006 in the AndhraPradesh Gazette for general information:-

Registered No. HSE/49 [Price : Rs. 0-30 Paise.

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PART IV-B EXTRAORDINARY

PUBLISHED BY AUTHORITY

ANDHRA PRADESH ACTS, ORDINANCESAND REGULATIONS Etc.,

No. 42 ] HYDERABAD, TUESDAY SEPTEMBER 19, 2006

PRINTED AND PUBLISHED BY THE COMMISSIONER OF PRINTINGAT LEGISLATIVE ASSEMBLY PRESS, HYDERABAD.

2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part IV-B