Chapter XIV MISCELLANEOUS

(1) The Authority shall have the exclusive right to the use of such symbol or representation as it may select symbol or representation as it may select or devise (referred to in this section as the Authority’s symbol) and thereafter display or exhibit in connection with its activities or affairs. (2) A person who without the permission of the Authority uses a symbol or representation identical with that of the Authority’s symbol, or which so resembles the Authority’s symbol as to or be likely to deceived or cause confusion shall be guilty of an offence and shall be liable on conviction to a find not exceeding Rs. 10,000 or to imprisonment for a term not exceeding 6 months or to both.

(1) The Authority or any employees thereafter authorized by the Authority in that behalf may, for the purpose of obtaining statistical information, by notice, in the manner given in section 133, require any person to furnish to the Authority or the employee so authorized, within such period as shall be specified in the notice, all such particulars or information relating to all such matters as may be required by the Authority and as are within knowledge of that person or in his custody or under his control. (2) Any person who on being required by notice under this section to furnish may particulars or information, - (a) willfully refuses or without lawful excuse (the proof of which lies on him) neglects to furnish the particulars or information within the time specified in the notice; or (b) willfully furnishes or causes to be furnished any false particulars or information in respect of any matter specified in the notice requiring particulars or information to be furnished, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Rs. 10,000 or imprisonment for a term not exceeding 6 months or to both. (c) Noting in this section authorizes the Authority, or any employee thereof authorized by the Authority in that behalf, to require the any Government Department to furnish to the Authority or the employee so authorized any particulars or information in the possession of the department obtained in the performance of any of its functions.

(1) The Commissioners of Police or Superintendents of Police in the capital region shall provide necessary aid to the Commissioner for carrying into effect and enforcing the provisions of this Act and for the maintenance of good public order. (2) On receipt of complaint for the Authority any police office, any arrest any person who commits in his view any offence against this Act or against any rule, regulation or standing order made thereunder.

(3) No person so arrested shall be detained in custody without the order of the nearest Magistrate for a period longer than twenty four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest tot eh court of such Magistrate.

(4) It shall be the duty of all police officers, to give immediate information to the Commissioner of the commission of, or the attempt to commit any offence against the Act or any rule, regulation or standing order made thereunder and to assist all employees of the Authority in the exercise of their lawful authority.

(1) Notwithstanding anything contained in the Andhra Pradesh Town Planning Act, 1920 or Greater Hyderabad Municipal Corporation Act, 1955 or the Andhra Pradesh Municipalities Act, 1965, or the Andhra Pradesh Urban Areas (Development) Act, 1975 or Vijayawada Municipal Corporation Act, 1981 or Andhra Pradesh Municipal Corporations Act, 1994 or any other law, the provisions of this Act shall have an over-ridding effect over all such laws. This Act is in addition, but not derogatory to other laws.

(2) Development permission, No Objection Certificate or other clearances given under the Act shall be construed to be for the purpose of planned development and shall in no way either confer ownership rights under the relevant laws or affect ownership under the land revenue laws. The Authority shall sand absolved of any ownership disputes or discrepancies.

(3) Once development permission is given, the right to develop the land in that way can be exercised by anyone acquiring and occupying the land and is not restricted to the person making the application unless a specific condition is incorporated in the grant of the development permission.

(4) Notwithstanding anything contained in any other law,- (a) When permission for development in respect of any land (for layout or sub-division of plot or construction) or building or institution or change of use any land Act, such development shall not be deemed to be unlawfully undertaking or carried out by reasons only of the fact that permission, approval or sanction required under such other law for such development has not been obtained. (b) When permission for development in respect of any land (for layout or sub-division of plot or construction) or building or institution or change of use of any land or building has not been obtained under the Act, such development shall not be deemed to be lawfully undertaken or carried out by reasons only of the fact that permission approval or sanction required under such other law for such development has been obtained.

Every public notice given under the Act or rules or standing orders made there under shall be in writing and shall be widely made known in the locality to be affected hereby affixing copies thereof to conspicuous public places within the said locality by publishing it in the official web portal of the Authority, and by advertisement in one or more local newspapers.

Where any notice, order or other document issued or made under the Act or any rule or standing order made thereunder require anything to be done for the doing of which no time is fixed in this Act or rule or standing order made thereunder, the notice, order or other document shall specify a reasonable time for doing the same.

Any person who obstructs or molests or hinders an officer or agent of the Authority acting in the discharge of his duty under this Act or any regulations made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding Rs. 10,000/- or to imprisonment for a term not exceeding 3 months or to both.

(1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Commissioner.

(2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act. Any proceedings in respect of an offence under this Act or any regulations made thereunder shall be tried summarily.

(3) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1973 (Act No.11 of 1974), it shall be lawful for any court of a Magistrate of the first class to pass any sentence authorized by this Act in excess of its power under the said section.

Where the Authority provides a service to the public whereby information is supplied to the public on payment of a prescribed fee, neither the Authority nor any of its employees involved in the supply of such information shall be liable for any loss or damage suffered by members of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.

Where an offence under this Act or any regulations made there under is committed by a body corporate and it is proved to have been committed with the consent or connivance of or to be attributable to an act or default on the part of a director, manager, secretary or other similar officer of by body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

All fines imposed for an offence under this Act or any regulations made there under shall be paid into the development fund of the Authority.

(1) The Authority may, in its direction, compound any offence under this Act or any regulations made there under which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding Rs. 5,000.

(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.

(3) The Authority may, with the approval of the Government, make regulations to prescribe the offences which may be compounded.

(4) All sums collected under this section shall be paid to the Authority.

(1) Notwithstanding the provisions of this Act, the Government may by order exempt any person or class of persons from all or any of the provisions of this Act.

(2) Any order made under this section shall be presented to State Legislature as soon as possible after publication in the official Gazette.

When any difference of opinion arises in regard to any interpretation of the provisions of the Act or the rules or standing orders made thereunder or any other law and the interpretation and the decision of the Government thereon shall be final.

No suit, prosecution or the proceeding shall lie against the Government or Authority or officer or person for any act done or purporting to be done under or in pursuance of the Act or the rules or standing orders made there under.

On the constitution of the Authority administration to the extent relating to the provisions made in the Act shall cease to be under the control and jurisdiction of a Local body.

(1) The Government may, by Notification, in the manner as prescribed, declare such of the outer area adjacent to the capital region, consisting of such villages or at a distance specified along the boundary of the capital region, to be the periphery area of the Authority as it deems fit.

(2) On declaration of an area under sub-section(1) as a periphery area,- (a) The Capital Region Development Authority constituted under the Act shall also be Authority for the periphery area; and (b) The powers and functions of the Authority, the Executive Committee and the Commissioner shall extend to the periphery area.

(1) Where the Government are satisfied that the purpose for which an Authority is constituted under the 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 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 realizable by the Authority shall vest in, or be realizable by the Government; (b) all Government vacant lands placed at the disposal of the Authority shall revert to the Government; (c) all liabilities which are enforceable against the Authority shall be enforceable against the Government; and (d) For the purposes of carrying out any development which has not been fully carried out by the Authority and for the purposes of realizing properties, funds and dues referred to in clause(a) the functions of the Authority shall be discharged by the Government.

The confidentiality in respect of designs for execution of the project are confidential and the Authority under this Act shall have exclusive Intellectual Property Rights thereon.

The Government may, by notification delegate one or more of its functions and powers specified in sections starting from sections 61 to section 107 to the Authority.

The provisions set out in the Fourth Schedule with respect to the transfer of assets, liabilities, functions and employees of the former Authority, and transitional and savings provisions in the Fifth Schedule shall have effect.