Chapter III FUNCTIONS AND POWERS OF THE AUTHORITY

(1) Subject to the provisions of this Act, rules and regulations made thereunder the functions of the Authority shall be the following, -

(a) Planning: (i) to prepare and revise perspective plan, master plan, development plans and area development plans inclusive of infrastructure plans in the capital region and more specifically capital city area by carrying out needed surveys for achieving spatio-economic development and social justice; (ii) to formulate zoning regulations, building and energy codes, and any other development control norms for the capital region and more specifically for capital city area so as to ensure compact, transit-oriented, and environmentally sustainable development; (ii) to review, revise and approve development control norms and rules or standing order and all other related and similar norms governing the building and development in the capital region;

(b) Development: (i) to formulate development schemes for implementing the plans approved by the Authority using funds of the Authority either in whole or part; (ii) to implement development schemes and to cause implementation of such works under the development schemes or development projects or plans either by itself or jointly with a developer entity or through any agency or nay local body; (iii) to approve, co-ordinate and execute all transportation related interventions in the capital region so as to promote planned development of traffic and transportation system and transit-oriented development; (iv) to formulate, monitor and implement affordable housing policies for economically weaker sections and migrants; (v) to formulate and implement economic development plans for the overall economic growth of the capital region and to create new livelihood opportunities; (vi) to prepare or execute or prepare and execute proposals, plans and projects for, the clearance, development and redevelopment of such land as the Authority may think fir for the purpose of resettling persons displaced by operations of the Authority and other resettlement projects or for any other purpose; the erection, conversion, improvement and extension of any building for sale, lease, rental or other purpose; and the provision and improvement of services and facilities for the promotion of public safety, recreation and welfare, and parking places; (vii) to raise finance for any development project or scheme and to extend assistance to the local bodies for the execution of such project or scheme; (viii) to entrust to any local body the work of execution of any development plan or scheme.

(c) Regulation: (i) to regulate development activities in accordance with the development plans and regulations, and to bring aesthetics, efficiency and economy in the process of development; (ii) to approve plans, and manage and control the development of land in the capital region; (iii) to regulate the development of the periphery area;

(d) Capital city area: (i) to permit or associate with developer entities to undertake development schemes or projects, and monitor project execution and approve financial resources of such schemes and projects; (ii) to undertake the creation of city wide common infrastructure, construction and maintenance of buildings for the capital city area and for other public purposes; (iii) to undertake and manage the urban amenities in the capital city area to make it an environment friendly smart city either directly or through outsourced entities by delegating powers to collect user charges; (iv) to formulate and implement policies for making sustainable arrangements for providing and maintaining highest standards in urban civic and utility services in the capital city area particularly for cleanliness, aesthetics, health and hygiene; (v) to provide affordable and efficient urban services using technology.

(e) General: (i) to promote environmentally friendly investments in the capital region; (ii) to conduct, promote and encourage research in matters connected with one or more of the Authority’s purposes and functions; (iii) to promote creativity among the residents of the capital region; (iv) to secure and promote publicity in any form in capital region or elsewhere of the functions and activities of the Authority; (v) to collect, compile and analyse information of a statistical nature relating to land, building, construction, land use, recreation or such other subject-matter necessary for the performance of the functions imposed upon the Authority by or under this Act or any other written law, and to publish and disseminate the results of any such compilation and analysis or abstracts of those results; (vi) to provide advisory and information services including on matters relating to land planning and the development of land in the capital region to Government; (vii) to do such other acts and things as may be entrusted by the Government or as may be necessary for, or incidental or conducive to, and matters which are necessary for furtherance of the objects for which the Authority is constituted; (viii) to fast track and address issues such as project delays, issues related to development fund and inter-departmental coordination; (ix) to make recommendations or submit proposals to the Government or any person or statutory body for the preservation and protection of any monument and land of historic, traditional, archaeological, architectural or aesthetic interest; (x) to provide information and advice to and act as agent and consultant for such Government department, person, company and corporation carrying on or intending to carry on a building project or scheme or urban redevelopment in capital region or elsewhere as the Authority may think fit; (xi) to co-ordinate and give directions to the Andhra Pradesh Transmission Corporation, the Southern Power Distribution Company Limited, the Andhra Pradesh Industrial Infrastructure Corporation, the Andhra Pradesh State Road Transport Corporation, Roads & Buildings department, Housing Corporation, Housing Board, Infrastructure Corporation of Andhra Pradesh Limited and such other bodies/departments of the Government to facilitate infrastructure development in the capital region; (xii) to acquire, sell, transfer, lease or grant licences or in any way alienate to use or occupy such land belonging to the Authority for the purposes of the development and redevelopment of the land as the Authority may think fit; (xiii) to acquire, sell, transfer, lease or grant licenses to use or occupy land or other property as agent for the Government or any statutory authority when appointed to do so, for the purposes of the development and redevelopment of the land or property or for such other purpose as the Government or statutory authority may specify; and (xiv) to own and manage such lands, buildings or other property as the Authority may think fit. The auditor may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor considers necessary for the purposes of his functions under this Act.

(1) Subject to the provisions of this Act the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions under this Act and, in particular, the Authority may exercise one or more of the powers specified in the Second Schedule.

(2) The Authority may, in addition to the powers vested in it by sub-section (1), exercise such other powers as the Government may authorise it in writing.

(3) The Authority shall, when it is exercising powers authorised by the Government under sub-section (2), be deemed to be exercising powers vested in it by sub-section (1).

(4) This section shall not be construed as limiting any power of the Authority conferred by or under any other law. Any person who fails without any reasonable cause to comply with any requirement of the auditor under paragraph 10 or who otherwise hinders, obstructs or delays the auditor in the performance of his functions under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Rs. 10,000 and, in the case of a continuing offence, to a further fine not exceeding Rs. 1,000 for every day during which the offence continues after conviction.

Subject to overall superintendence and control of the Authority, the Executive Committee and Commissioner may exercise one or more of the powers specified in the Second Schedule. As soon as the accounts of the Authority and the financial statements have been audited in accordance with the provisions of this Act but not later than 30th September in each year, a copy of the audited financial statements signed by the Commissioner and certified by the auditor, together with a copy of any report made by the auditor, shall be submitted to the Government.

Nil (1) The Authority may, form or participate in the formation of a company or create Special Purpose Vehicles (SPVs) with powers to raise money through equity, for various purposes, including but not limited to, design and construction of buildings related to capital city area, large infrastructure projects, provision of utility services, provision of urban services, design and execution of social infrastructure projects, and land acquisition and augmentation of financial resources. The Authority could participate in such SPVs as an equity or debt holder, and also have specified members of the Authority as members of the Board of such SPVs.

(2) The Authority shall have the power to constitute area level offices as it deems fit and assign responsibilities and functions to such offices. Where the Accountant-General is not the auditor of the Authority, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Accountant-General at the same time they are submitted to the Authority.

The Authority may accept gifts, legacies or donations and apply them for one or more of its functions. The Government shall as soon as practicable cause a copy of the audited financial statements and of the report of the auditor to be presented to State Legislature.

Ex-gratia payments The Authority may, make an ex-gratia payment to a person sustaining damage by reason of the exercise of one or more of the powers vested in the Authority or its employees under and by virtue of this Act and maintain records in such manner as may be prescribed.

Powers of Government in relation to Authority (1) The Government may, after consultation with the Authority or otherwise, give to the Authority such directions, not inconsistent with the provisions of this Act, as it thinks fit, as to the exercise of the functions of the Authority under this Act, and the Authority shall give effect to all such directions. (2) The Authority shall furnish the Government with such information or facilities for obtaining information with respect to its property and the exercise of its functions in such manner and at such times as the Government may reasonably require.

Powers of delegation (1) Subject to the provision of subsection(2) the Authority may by resolution direct that any power exercisable by it under the Act or rules or standing orders made thereunder may also be exercised by the Executive Committee or the Commissioner or Local body or officer of the Government, 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 the Authority under the Act, except the power to make rules or standing orders, may be exercised by the Executive Committee or the Commissioner or any Local body or officer of the Government, in such cases and subject to such conditions, if any, as may be specified therein.

(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: Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section: Provided further that the Government shall take into consideration of 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 powers, such rules may provide for all or any of the following matters, namely,- (a) the control and management of lands and buildings acquired by, vested in or belonging to, the Authority; (b) the use and enjoyment of those lands, buildings and other property; (c) the prevention of trespass upon or on any of those lands and buildings and the removal of trespassers or other persons causing annoyance or inconvenience upon or in those lands and buildings; (d) the procedure to be followed in connection with the preparation, publication, submission and approval of the plans prepared under the Act, and the manner of the publication of the notice inviting objections and suggestions relating to any such plan; (e) the form, manner and procedure for modifications to the plans prepared under the Act, the payment of fees and rates of conversion charges for such modifications; (f) the procedure for permitting or undertaking Land Pooling Scheme, Town Planning Scheme, Layout developments and their requirements, and development specifications and conditions; (g) the form and manner of Transferable Development Rights the Authority may take up with owners; (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; (i) the terms of office of members and staff, their allowances and other conditions of service, summoning and holding of meetings, the conduct of business, powers and functions of the Chairman, Vice-Chairman and Commissioner; (j) the functioning and conduct of meetings and any other matters relating to the powers and functions of the Authority and Executive Committee; and (k) any other matter which has to be or may be made by rules. (3) The Government may, in making any rules under this section, provide that a contravention of or failure to comply with the rules shall be an offence and penalize in respect of such offence a fine not exceeding the sum of Rs. 1,00,000 or imprisonment for a term not exceeding three months or both and, in the case of a continuing offence, a further fine not exceeding Rs. 2,500 for every day or part thereof during which such offence continues after conviction in the court of Judicial First Class Magistrate. (4) Every rule made under the Act shall immediately after it is made, be laid before 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 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, the Legislature agree in making any modifications in the rule or in the annulment of the rule, the rule shall, with effect from the date of notification of such modification of annulment in the Andhra Pradesh Gazette is notified 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.

(1) The Authority may by notification, make regulations, and also issue standing orders consistent with this Act and Rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the power conferred in subsection (1) such regulations, with the approval of Government, may provide for all or any of the following: (a) the procedure to be followed for mobilizing resources such as borrowing, loans, debentures and bonds and their repayment; and (b) any other matter which is required to be provided by regulations. (3) Further, in particular and without prejudice to the generality of the power conferred in sub-section (1) such standing orders may provide for all or any of the following:- (a) the plan programs of the Authority, stages of implementation of the development plans; (b) form and manner for taking over lands by the Authority under negotiated settlement; (c) the form, manner and procedure for the application for development permission, the payment of fees, rates of user charges, form of ownership clearance and fees payable, and conditions to be complied with by the applicant and the Local body while considering the building permissions based on the development permission given by the Authority; (d) the form and manner of sanctioning of the building permissions by the Local body and conditions to be adhered to, and responsibilities of Local body there to; (e) the form and manner of conditionality of undertaking road development schemes by the Authority or Local body or State Government agency concerned; the method of entering into contracts by or on behalf of the Authority; (f) the delegation of powers to officers of the Authority; (g) the opening, keeping, closing and internal audit of accounts of the Authority; (h) loans and allowances to officers of the Authority; (i) housing accommodation for officers of the Authority; (j) the professional and technical training of officers of the Authority; (k) the job charts, duties and responsibilities of various positions in the Authority along with skills, experience and qualifications required to hold them; (l) the method of entering into contract while hiring staff from the market or deputing staff from any government or any government organisations, (m) terms of entry, conditions of service salaries and allowances, termination, powers and functions of the members, officers and staff; (n) the form and conditions of licensing the developer entity, builder, architect, surveyor, town planner, structural engineer, engineer and other technical personnel; (o) the form and content of mortgage deed and other conditions of surety to be complied by licensed developer and licensed technical personnel; (p) the form and manner of preparation of Annual Plans and Budget, and Annual reports of the Authority; and (q) any other matter which is required to be provided by standing orders.

Power of entry and power to demarcate and survey The Commissioner may authorize any person to enter into or upon any land or building with or without the assistance of workmen for the purpose of;— (1) making any enquiry, inspection, measurement or survey or taking levels of such land or building; (2) examining works under construction and ascertaining the course of public utilities and drains or any aspect of public safety; (3) digging or boring into the sub-soil; (4) setting out boundaries and demarcation of intended alignment of roads, public utilities and other works; (5) making such levels, boundaries, demarcations and lines by placing marks and cutting trenches; (6) ascertaining whether any land or property is being affected in any development plan or development scheme or road or public utility alignment; (7) grounding of new alignment of roads or road widening or alignment of existing or new communication network / electric lines; (8) ascertaining whether any land or property is being or has been developed in accordance with the development permission or in contravention of the provisions of the Act, or conditions subject to which the development permission has been issued are being or have been complied with or not; (9) doing any other thing necessary for the implementation of any development plan or development scheme or other provisions for the efficient implementation of the Act: Provided that, (a) no such entry shall be made except between the hours of 6 A.M. and 6 P.M.; (b) the development rights of the owner of the land would not be affected by such actions or by grounding of the said network; (c) due regard shall always be had so far as may be possible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building or property entered or surveyed or demarcated; (d) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building or property.