The following Act of the Andhra Pradesh Legislature which was reserved by the Governor on the 21st September, 1974 for the consideration and assent of the President, received the assent of the President on the 20th January, 1975, and the said assent is hereby first published on the 27th January, 1975 in the Andhra Pradesh Gazette, for general information: An Act to provide for the development of urban areas in the State of Andhra Pradesh according to plan and for matters ancillary thereto. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-fifth Year of the Republic of India as follows:-

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S.1 Short title, extent and commencement

Short title, extent and commencement :- (1) This Act may be called the Andhra Pradesh Urban Areas (Development) Act, 1975.

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

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

S.2 Definitions

Definitions :- In this Act, unless the context otherwise requires--

(a) 'amenity' includes road, water supply, street lighting, drainage, sewerage, public works, tourists spots, open spaces, parks and play fields, and such other convenience as the Government may, by notification, specify to be an amenity for the purposes of this Act;

* [(b) 'Authority' means an Urban Development Authority constituted under sub-section (1) of Section 3 or a Special Area Development Authority constituted under sub-section (1) of Section 3-A for a development area under this Act;]

(c) 'building' includes--

S.3 Constitution of Urban Development Authority

Constitution of Urban Development Authority :- (1) As soon as may be after an urban area or a group of urban areas is declared to be a development area under sub-section (1) of Section 13, the Government shall, by notification, constitute for the said development area, an Urban Development Authority with effect from such date as may be specified therein.

(2) Every Authority so constituted shall be a body corporate by the name of the development area for which it is constituted having perpetual succession and a common seal with power to acquire, hold and dispose of property, both moveable, immoveable and to contract; and shall by the said name sue and be sued.

(3) The authority shall consist of the following membe

S.3-A Constitution of a Special Area Development Authority

* [Constitution of a Special Area Development Authority :-(1) The Government may constitute a Special Area Development Authority for any area in the State of Andhra Pradesh as a special case whether such an area is classified as an urban area or otherwise, in the interest of specific development objectives that may be conducive to the overall planned development of the State.

(2) Save as otherwise specified under this Act, the area comprised within the jurisdiction of a Special Area Development Authority shall be deemed to be a Development Area notified under Section 13 of this Act.

(3) The Government may, by notification, constitute a Special A

S.4 Appointment of Secretary, Chief Accounts Officer, Town Planner and Engineer

Appointment of Secretary, Chief Accounts Officer, Town Planner and Engineer:- (1) For any authority, the Government may sanction a post of Secretary, a post of Chief Accounts Officer, a post of Town Planner and a post of Engineer who shall exercise such powers and perform such functions as may be prescribed or as may be determined by regulations made by the authority in this behalf or delegated to them by the authority or the Chairman.

(2) Before sanctioning any post under sub-section (1), the Government shall consult the authority concerned.

(3) All the appointment to posts sanctioned under sub-section (1) shall be made by the Government.

(4) Al

S.4-A Governments power to regulate the methods of recruitment, conditions of service etc. of Officers appointed under Sec. 4

Government's power to regulate the methods of recruitment, conditions of service etc. of Officers appointed under Sec. 4 :- (1) The Government shall have power--

(a) to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officer appointed under Section 4.

(b) to recover from the authority concerned the whole of the salary and allowances paid to any such officer and such contribution towards his leave allowances, pension or provident-cum-pension fund of such officer paid by the Government under sub-section (5) of Section 4.

(2) The Government may at any time withdr

S.4-B Constitution of Urban Development Authorities Service for the State for any class or officers and employees of the Authorities

Constitution of Urban Development Authorities Service for the State for any class or officers and employees of the Authorities :- (1) Notwithstanding anything in this Act, or the rules made thereunder, the Government may, after consulting all the authorities by notification constitute any class of officers or employees of the Authorities into a Urban Development Authorities Service for the 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 allowances and discipline, and conduct of the officers and employees of the Urban Development Authorities, service thereby const

S.5 Object and powers of the Authority

Object and powers of the Authority :- (1) The objects of the Authority shall be to promote and secure the development of all or any of the areas comprised in the development area concerned according to plan and for that purpose, the authority shall have the power to acquire, by way of purchase or otherwise, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by or on its behalf building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewerage and control of pollution, other services and amenities and generally to do any thing necessary or expedient for purposes incidental thereof.

(2) The Au

S.6 Civic survey of, and Master Plan for development area :-

Civic survey of, and Master Plan for development area :- (1) The Authority shall, as soon as may be, carry out a civic survey of and prepare a Master Plan for the development area concerned.

(2) The Master Plan shall--

(a) 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

(b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared.

S.7 Zonal development plans

Zonal development plans:- (1) Simultaneously with the preparation of Master Plan or as soon as may be thereafter the Authority shall proceed with the preparation of zonal development plan for each of the zones into which the development area may be divided.

(2) A zonal development plan may,-

(a) contain a site plan and land use plan for the development of the zone and show the approximate locations and extents of land uses 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;

S.8 Procedure to be followed in preparation and approval of plans:-

Procedure to be followed in preparation and approval of plans:- (1) In this section and in Sections 9, 10, 12 and 15 the word 'plan' means the Master Plan or the Zonal Development Plan for a zone or both, as the case may be.

(2) Before finally submitting any plan to the Government for approval, the Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and 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.

* [(3) (a) The Authority shall consult every l

S.9 Submission of plans to Government for approval

Submission of plans to Government for approval :- (1) 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 or reject the plan with directions to the Authority to prepare a fresh plan according to such directions.

(2) 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.

S.10 Date of operation of plan

Date of operation of plan :- 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 approved and naming a place 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 operation.

S.11 Certain plans already prepared and sanctioned deemed to have been prepared and sanctioned under this Act :

Certain plans already prepared and sanctioned deemed to have been prepared and sanctioned under this Act :- (1) 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. 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 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, un

S.12 Modifications to plan

Modifications to plan:- (1) 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 population density.

(2) The Government may suo motu or on a reference from the Authority make any modifications to the plan, whether such modifications are of the nature specified in sub-section (1) or otherwise.

(3) 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

S.13 Declaration of development areas and development of land in those and other areas

Declaration of development areas and development of land in those and other areas:- (1) As soon as may be after the commencement of this Act, where Government consider it necessary to do so for purposes of proper development of any urban area or group of urban areas in this State they may, by notification, declare such urban area or group of urban areas to be a development area for the purposes of this Act.

(2) The Government may, by notification and in accordance with such rules as may be made in this behalf--

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

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

S.14 Application for permission

Application for permission:- (1) Every person or body including a Department of the Government desiring to obtain the permission referred to in Section 13 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be determined by regulations.

(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed:

Provided that no such fee shall be necessary in the case of an application made by a Department of the Government, or any local authority.

(3) On receipt of an applicat

S.15 User of the land and buildings in contravention of plans

User of the land and buildings in contravention of plans:- After the coming into operation of any of the plans in a zone, no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan:

Provided that it shall be lawful to continue to use upon such terms and conditions as may be determined by regulations made in this behalf, any land or building for the purpose for which, and to the extent to which, it is being used on the date on which such plan comes into force.

S.16 Act not to apply for certain development works

Act not to apply for certain development works:- Nothing in this Act shall apply to--

(a) the carrying out of works for the maintenance, improvement or other alterations of any building being works which affect only the interior of the building or which do not materially affect the external appearance of the building;

(b) the carrying out by any local authority or by any department of the Government, of any works for the purposes of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;

(c) the excavations (including wells) made in the ordina

S.17 Plans to stand modified in certain cases

Plans to stand modified in certain cases:- (1) Where any land situated in any development area is required by the Master Plan or Zonal Development Plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, if at the expiration of ten years from the date of operation of the plan under Section 10, or where such land has been so required or designated by any amendment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired, the owner of the land may serve on the Government a notice requiring his interest in the land to be so acquired.

(2) If the Government fail to acquire the land within a period of six months from the date of receipt of the notice, the Mast

S.18 Compulsory acquisition of land

Compulsory acquisition of land :- (1) If, in the opinion of the Government, any land is required for the purpose of development or for any other purpose under this Act, the Government may acquire such land under the provisions of the Land Acquisition Act, 1894.

(2) Where any land has been acquired by the Government they may, after they have taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the Government in connection with the acquisition.

S.18-A Acquisition of land by private negotiations

Acquisition of land by private negotiations :- Where the authority proposes to acquire any land otherwise than under the provisions of the Land Acquisition Act, 1894, it shall obtain the previous approval of the District Collector, therefor. 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 to the previous sanction of the Government as may be prescribed.

S.19 Disposal of land by the Authority or the local authority concerned:-

Disposal of land by the Authority or the local authority concerned:- (1) Subject to any directions given by the Government under this Act, the authority or, as the case may be, the local authority concerned may dispose of--

(a) any land acquired by the Government and transferred to it, without undertaking or carrying out any development thereon; or

(b) any such land after under taking or carrying out such development as it thinks fit; to such persons in such manner and subject to such terms and conditions as it considers expedient for securing the development of the development area concerned according to plan.

(2) The powers of the Authority, or

S.20 Government vacant land

Government vacant land :- (1) The Government, may by notification and upon such terms and conditions as may be agreed upon between the Government and the Authority, place at the disposal of the Authority all or any vacant lands belonging to or under the control of the Government situated in the development area (hereinafter referred to as "Government vacant land") for the purpose of development in accordance with the provisions of this Act.

(2) No development of any Government vacant land shall be undertaken or carried out except by, or under the control and supervision of, the Authority after such land has been placed at the disposal of the Authority under sub-section (1).

(3) Af

S.20-A Sale of Government lands by public auction and their administration

Sale of Government lands by public auction and their administration :- (1) Notwithstanding anything in Section 20, the Government may effect the sale of their vacant lands by public auction on such terms and conditions as may be prescribed.

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

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

(a) form into a Co-operative Society; and

(b) submit a declaration to the Authority in such form and in such manner and containing such particulars as may be prescribed.

(3) The admi

S.21 Powers of Authority to develop land in non-development area

Powers of Authority to develop land in non-development area :- Notwithstanding anything in sub-section (3) of Section 13, the Authority or, as the case may be, the local authority may, if it is of opinion that it is expedient to do so, undertake or carry out any development of any land which has been transferred to it or placed at its disposal under Section 18 or Section 20 even if such land is situated in any area which is not a development area.

S.22 Fund of the Authority

Fund of the Authority :- (1) The Authority shall have and maintain its own fund to which shall be credited--

(a) all money received by the Authority from the state and Central Governments, by way of grants, loans, advances or otherwise;

(b) all moneys borrowed by the Authority from sources, other than Government, by way of loan or debentures;

(c) all fees and charges received by the Authority under this Act;

(d) all moneys received by the Authority from the disposal of lands, buildings and other properties, moveable, and immoveable; and

(e) all moneys received by the Authority by way

S.23 Budget of the Authority

Budget of the Authority :- The Authority shall prepare in such form and at such time every year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and shall forward to the Government such number of copies thereof as may be prescribed.

S.24 Accounts and audit

Accounts and audit:- (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed.

(2) The accounts of the Authority shall be subject to audit annually by such person as may be appointed by the Government and any expenditure incurred by that person in connection with such audit shall be payable by the Authority to the Government.

(3) The person so appointed and any other person authorised by him in connection with the audit of accounts of the Authority shall have the same right, privilege and authority in connection which such audit as the Accountant-General has in c

S.25 Annual Report

Annual Report :- The Authority shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date as may be prescribed and the Government shall cause a copy of the report to be laid before both Houses of the State Legislature.

S.26 Pension and Provident Funds

Pension and Provident Funds :- (1) The Authority shall constitute for the benefit of its whole time paid members and of its Officers and other employees in such manner and subject to such conditions, as may be prescribed, such pension and provident fund as it may deem fit.

(2) Where any such pension or provident fund has been constituted, the Government may declare that the provisions of the Provident Fund Act, 1925, shall apply to such funds as if it were a Government Provident Fund.

S.27 Levy of the development charges

Levy of the development charges :- (1) Subject to the provisions of this Act and the rules made thereunder, the Authority shall levy charges (hereinafter called the development charges) on the institutions of use or change of use of land or building or development of any land or building for which permission is required under this Act in the whole area or any part of the development area within the maximum rates specified in Section 28:

Provided that the rates of development charges may be different for different parts of the development area and for different uses;

Provided further that the previous sanction of the Government has been obtained for the rates of levy.

Rates of development charges :- (1) (a) For the purposes of assessing the development charges, the use of land and building shall be classified under the following categories:

(i) Industrial;

(ii) Commercial;

(iii) Residential;

(iv) Agricultural; and

(v) Miscellaneous.

(b) In classifying the use of land and building under any of the categories mentioned in Clause (a), the predominant purpose for which such land and building are used shall be the main basis for such classification.

(2) The rates of development ch

S.29 Assessment and recovery of development charges

Assessment and recovery of development charges :- (1) Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, or who has commenced carrying out any such development or has carried out such development or instituted or changed any such use shall apply to the Authority within such time and in such manner as may be prescribed, for the assessment of development charges payable in respect thereof.

(2) The Authority shall on such application being made or if no such application is made, after serving a notice in writing on the person liable to such payment and after calling f

S.30 Constitution of tribunal and officers and servants of the tribunal

Constitution of tribunal and officers and servants of the tribunal :- (1) The Government may constitute as many Tribunals as may be necessary for deciding disputes relating to levy or assessment of development charges.

(2) The Tribunal shall consist of one person only who shall be a judicial officer not below the rank of Subordinate Judge.

(3) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908).

(4) Each Tribunal shall have jurisdiction over such area as the Government may, by notification, from time to time determine.

(5) The Tribu

S.31 Appeal and revision

Appeal and revision :- (1) Any person objecting, to an order passed by the Authority under Section 29 may, within a period of two months from the date on which the order was communicated to him in the manner prescribed, appeal against such order to the Tribunal:

Provided that the Tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.

(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by such fee not exceeding two hundred and fifty rupees as may be prescribed.

S.32 Powers of the Authority in cases of default

CHAPTER - VIII
Relations between the Government, the Authority and the Local Authorities etc.

Powers of the Authority in cases of default :- (1) If the Authority, after holding a local enquiry or upon report from any of its officers on other information in its possession, is satisfied that any amenity in relation to any land in a development area has not been provided in relation to that land which in the opinion of the authority is to be provided, or that any development of the land for which permission, approval or sanction has been obtained under this Act has not been carried out, it may, after affording a reasonable opportunity to show-cause, serve upon the owner of the land or upon the person providing, or responsible for providing, the am

S.33 Powers of the Authority to require local authority to assume responsibility for amenities in certain cases

Powers of the Authority to require local authority to assume responsibility for amenities in certain cases :- Where any area has been developed by the authority, the Authority may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority; and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the Government in consultation with the local authority

S.34 Control by Government

Control by Government:- (1) The Authority shall carry out such directions as may be issued to it, from time to time, by the Government for the efficient administration of this Act.

(2) If, in, or in connection with, the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority and the Government, the decision of the Government thereon shall be final.

(3) The Government may, at any time either on its own motion or on application made to them in this behalf, call for the records of any case disposed of, or order passed by the Authority for the purpose of satisfying themselves as to the legality or propriety or cor

S.35 Returns and information

Returns and information:- (1) The Authority shall furnish to the Government such reports, returns, records and other information as the Government may, from time to time, require.

(2) Without prejudice to the provisions of sub-section (1), the Government or any officer authorised by the Government in this behalf, may call for reports, returns, records and other information from the Authority or local authority in regard to the implementation of the Master Plan.

(3) Any person authorised by the Government or the officer referred to in sub-section (2) may enter into or upon any land with or without assistants or workmen for ascertaining whether provisions of the Master Plan or Zonal D

S.36 Power of Government to transfer the Powers of the Councils, Panchayats, Zilla Parishads, etc. to the Authority

Power of Government to transfer the Powers of the Councils, Panchayats, Zilla Parishads, etc. to the Authority :- (1) Notwithstanding anything in any other law or regulation in force, where the Government consider expedient for the effective functioning of the Authority, they may, by notification, suspend any of the powers of local authority relating to the control on development and use of land and buildings under the Hyderabad Municipal Corporations Act, 1955; the Andhra Pradesh Municipalities Act, 1965, the Andhra Pradesh Gram Panchayats Act, 1964, the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 and transfer such powers to the Authority.

(2) Where such powers are transferred to the Authority, th

S.37 Replacement of members of the Authority in certain cases

Replacement of members of the Authority in certain cases :- If, in the opinion of the Government, the Chairman or Vice-Chairman of the Authority wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position, or the powers vested in him, or any member including the Chairman is found guilty of any misconduct in exercising or purporting to exercise the right conferred or performing or purporting to perform the functions imposed by or under this Act, the Government may by notification, and with effect from a date to be specified therein replace such Chairman, Vice-Chairman or any other member: and accordingly with effect from the said date the Cha

S.38 Power of Government to appoint a Special Officer

Power of Government to appoint a Special Officer :- * [(1) Notwithstanding anything contained in this Act, where, for any reason, there is delay in the constitution or re-constitution of the Authority in accordance with the provisions of this Act, the Government may, by notification appoint a Special Officer to manage the affairs of the Authority under the Act, for a period which shall not exceed one year from the date of such appointment:

Provided that the Government may, from time to time, by notification in the Andhra Pradesh Gazette and for reasons specified therein extend the said period of appointment of Special Officer beyond one year, for a further period or periods, so h

S.39 Constitution of Art Commission for the State

Constitution of Art Commission for the State :- (1) The Government may, by notification, constitute an Art Commission for the State, to be called "the Andhra Pradesh Urban Art Commission" which shall consist of a Chairman and such other members, representing among others, visual arts or architecture, Indian History or Archaeology and the environmental sciences, as they may appoint.

(2) It shall be the duty of the Art Commission to make recommendations to the Government as to--

(i) the restoration and conservation of urban design and of the environment in the development areas;

(ii) the planning and development of future urban design and of the enviro

S.40 Power of entry

Power of entry:- The authority may authorise any person to enter into or upon any land or building with or without assistance or workmen for the purpose of--

(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;

(b) examining works under construction and ascertaining the course of sewers and drains;

(c) digging or boring into the sub-soil;

(d) setting out boundaries and intended lines of work;

(e) making such levels, boundaries and lines by placing marks and cutting trenches;

(f) ascertaining whether any

S.41 Penalties

Penalties:- (1) Any person who, whether at his own instance or at the instance of any other person or any body including a department of the Government, undertakes, or carries out development of any land in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 13 or in contravention of any condition subject to which such permission, approval or sanction has been granted shall be punishable with fine which may extend to ten thousand rupees, and in the case of a continuing offence, with further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

(2) Any person who uses any lan

S.42 Order of demolition of building

Order of demolition of building :- (1) Where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in Section 13 in contravention of any condition subject to which such permission, approval or sanction has been granted--

(i) in relation to a development area, any officer of the Authority empowered by it in this behalf;

(ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may in addition to any prosecution that may be instituted under this Act, make an order directing that such de

S.43 Power to stop unauthorised development

Power to stop unauthorised development :- (1) Where any development in any area has been commenced in contravention of the provisions of Section 13 or without the permission, approval or sanction referred to in that section or in contravention of any condition subject to which such permission, approval or sanction has been granted--

(i) in relation to development area, the Authority or any officer of the authority empowered by it in this behalf;

(ii) in relation to any other area specified in sub-section (7) of Section 13 within the local limits of a local authority, the competent authority thereof;

may in addition to any prosecution that may be instituted under this Act, make an order requi

S.44 Offences by companies

Offences by companies :- (1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything in sub-section (1), where an offenc

S.45 Fines when realised to be paid to Authority or local authority concerned

Fines when realised to be paid to Authority or local authority concerned :- All fines realised in connection with prosecution under this Act shall be paid to the Authority or, as the case may be, the local authority concerned.

S.46 Composition of offences

Composition of offences :- (1) Subject to such rules as may be prescribed, any offence made punishable by or under this Act may, either before or after the institution of proceedings be compounded:-

(i) in the case of an offence referred to in sub-section (2) of Section 41, by the Director of Town Planning or any officer authorised by him in this behalf by a general or special order; and

(ii) in any other case, by the Authority, or as the case may be, the local authority concerned or any person authorised by the authority or such local authority by general or special order in this behalf.

(2) Where an offence has been compounded, the offender, if

S.47 Members and officers to be public servants

Members and officers to be public servants :- Every member and every officer and other employee of the Authority shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

S.48 Jurisdiction of Courts

Jurisdiction of Courts :- No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.

S.49 Sanction of prosecution

Sanction of prosecution :- (1) No prosecution for any offence punishable under this Act other than an offence referred to in sub-section (2) shall be instituted except with the previous sanction of the Authority or any officer authorised by the Authority.

(2) No prosecution for any offence for failure to comply with the order of the officer referred to in sub-section (3) of Section 43 and punishable under sub-section (5) of that section shall be instituted except with the previous sanction of the Director of Town Planning or any officer authorised by him in this behalf.

S.50 Magistrates power to impose enhanced penalties

Magistrate's power to impose enhanced penalties :- Notwithstanding anything in Section 29 of the Code of Criminal Procedure, 1973, it shall be lawful for any Court of Magistrate of the first class to pass any sentence authorised by this Act in excess of its powers under the said section.

S.51 Service of notices etc

Service of notices etc:- (1) All notices, all orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served--

(a) where the person to be served is a company, if the document is addressed to the Secretary of the said company at its registered office or at its principal office or place of business and is either--

(i) sent by registered post; or

(ii) delivered at the registered office or at the principal office or place of business of the said company;

(b) where

S.52 Public notice how to be made known

Public notice how to be made known:- Every public notice given under this Act, shall be in writing over the signature of the Secretary to the Authority or any other officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby affixing copies thereof inconspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the Secretary may think fit.

S.53 Notices, etc. to fix reasonable time :-

Notices, etc. to fix reasonable time :- Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.

S.54 Authentication of orders and documents of the Authority

Authentication of orders and documents of the Authority :- All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the Secretary to the Authority or any other officer authorised by the Authority, in this behalf.

S.55 Protection of action taken in good faith

Protection of action taken in good faith :- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.

S.56 Power to delegate

Power to delegate :- (1) the Authority may, by notification, direct that any power exercisable by it under this Act except the power to make regulations may also be exercised by such officers or local authority as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(2) The Government may by notification, direct that any power exercisable by them under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(3) The Director of Town-Planning may, by notification, direct that any power exercisabl

S.57 Effect of other laws

Effect of other laws :- (1) Nothing in this Act shall affect the operation of the Andhra Pradesh Slum Improvement (Acquisition of Land) Act, 1956.

(2) Save as otherwise provided in sub-section (6) of Section 42 or sub-section (7) of Section 43 or sub-section (1) of this section, the provisions of this Act and the rules and regulations made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law.

(3) Notwithstanding anything in any other law--

(a) when permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or

S.58 Power to make rules

Power to make rules :- (1) The Government, after consultation with the Authority, may by notification, make rules to carry out the purposes of this Act:

Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section, but the Government shall take into consideration any suggestions which the Authority may make in relation to the amendment of such rules after they are made.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the powers and functions of the Chairman and the Vice-

S.59 Powers to make regulations

Powers to make regulations :- The Authority may, with the previous approval of the Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act and without prejudice to the generality of this power, such regulations may provide for--

(a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;

(b) the summoning and holding of meeting of a committee constituted under sub-section (2) of Section 5, the time and place where such meetings are to be held, the conduct of bus

S.60 Dissolution of the Authority

Dissolution of the Authority:- Where the Government are satisfied that the purposes for which an Authority is constituted under this Act, has been substantially achieved so as to render the continued existence of the Authority in the opinion of the Government unnecessary, the Government may by notification, declare that the said Authority shall be dissolved with effect on and from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.

(2) From the said date--

(a) all properties, funds and dues which are vested in or realisable by the Authority shall vest in, or be realisable by the Government;

Repeal and Savings :- As from the date of the constitution of the Authority for the urban area comprised in the Municipal Corporation of Hyderabad--