Chapter II DECLARATION OF CAPITAL REGION, CAPITAL CITY AREA AND CONSTITUTION OF THE AUTHORITY

Declaration of Capital Region and capital city area (1) As soon as, after commencement of this Act, the State Government may, by notification in the Andhra Pradesh Gazette declare the ‘Andhra Pradesh Capital Region Development Area’ as ‘capital region’ consisting of such urban or rural areas for the purposes of this Act with effect from such date as may be specified therein.

(2) The notification shall define the limits of the ‘capital region’ to which it relates and further as may be required in this behalf may exclude or include any area from such notification issued as may be necessary.

(3) As soon as, after the commencement of this Act, the State Government may, by notification in the Andhra Pradesh Gazette declare the ‘Andhra Pradesh Capital City Area’ as ‘capital city area’ within the capital region, consisting of such urban or rural areas for the purposes of this Act with effect from such date as may be specified therein.

(4) The notification shall define the limits of the ‘capital city area’ to which it relates and further as may be required in this behalf may excluded or include any area from such notification issued as may be necessary;

(5) The existing Gram Panchayats, Municipalities and Municipal Corporations within the capital region shall remain functional within their respective jurisdictions based on the prevailing rules, made under the respective laws to the extent not consistent with the provisions of this Act;

(6) All the line departments of Government within the capital city area such as revenue, police, electricity, transport, housing, industries, education, fire, medical and health, welfare, civil supplies, environment, roads and buildings, registration and stamps, excise, tourism and culture, youth affairs, sports, etc. shall report to the Commissioner.

(7) The Government may by notification transfer any function performed by any department of Government to the Authority.

(1) In accordance with the provisions of this Act, the State Government shall constitute a body to be called the ‘Andhra Pradesh Capital Region Development Authority’, for the capital region notified under section 3, which shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract and by the said name sue and be sued.

(2) The Authority shall consist of -----

(a) Chief Minister, Government of Andhra Pradesh, who shall be the Chairman;

(b) Minister dealing with the department of Municipal Administration and Urban Affairs, who will be the Vice-Chairman;

(c) Minister dealing with the department of Finance Member;

(d) Chief Secretary to government – Member;

(e) Secretary to government dealing with Municipal Administration and Urban Affairs department – Member;

(f) Secretary to government dealing with Finance department Member;

(g) Four secretaries to government dealing with departments of transport roads and buildings, energy or such other department as may be deemed necessary by government as members;

(h) Commissioner of the Authority, who shall be Member – Convener;

(i) Four experts, national or international, who possess knowledge in urban governance, urban planning, conservation, environment and transport to be appointed by the State Government; and

(j) Any other officer or expert whom Government thinks necessary as special invitee. (1) Any scheme, contract, document, licence, consent or resolution prepared, made, granted, approved or issued by or on behalf of the former Authority under any provision of the relevant Act, shall, except as otherwise expressly provided in this Act or any other written law, continue and be deemed to have been prepared, made, granted or approved by the Authority. (2) Where anything has been commenced by or on behalf of the former Authority, before the date of enactment of the Act, such thing may be carried on and completed by or under the authority of the Authority. (3) In any written law and in any document, unless the context otherwise requires, any reference to the former Authority shall be construed as a reference to the Authority.

Nil The composition and reconstitution of Authority resulting due to vacancies/ absence of its members and proceedings shall be as per First Schedule of this Act. (1) Any General Town Planning Scheme prepared under the Andhra Pradesh Town Planning Act, 1920, or any other Statutory Development Plan or Master Plan prepared under the Andhra Pradesh Urban Areas (Development) Act, 1975 or Andhra Pradesh Municipalities Act, 1965 for the capital region and published by the Local body or Urban Development Authority concerned and sanctioned by the Government before commencement of the Act, shall continue to be in force unless prepared afresh and superseded or revised under this Act. (2) Any Detailed Town Planning Scheme prepared under the Andhra Pradesh Town Planning Act, 1920, or any other Statutory Area Development Plan or Zonal Development Plan prepared under the Andhra Pradesh Urban Areas (Development) Act, 1975 or Andhra Pradesh Municipalities Act, 1965 for the total or part of the capital region and published by the Local body or Urban Development Authority concerned and sanctioned by the Government before commencement of the Act, shall continue to be in force unless prepared afresh and superseded or revised under the Act.

(1) There shall be an executive committee of the Authority consisting of –

(a) Secretary to Government in charge of Municipal Administration and Urban Affairs department as Chairman; (b) Secretary to Government in charge of Finance Department of Finance Department as Member; (c) Commissioner as Member – Convenor; and (d) Secretaries to Government or heads of Government Departments as nominated by Government not exceeding six in number.

(2) The executive committee may invite any heads of departments of Government of experts as special invitees.

(3) Subject to the general superintendence and control of the Authority shall vest in the executive committee.

(4) The Authority shall make regulations to achieve the object of this Act and standing orders to regulate the procedure to be followed by the executive committee, and in particular, the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes and the custody, production and inspection of such minutes. (d) whether the financial statements are in agreement with the accounting and other records; (e) whether the receipts, expenditure, investment of moneys, and the acquisition and disposal of assets by the Authority during the financial year have been in accordance with this Act; and (f) such other matters arising from the audit as he considers should be reported. (2) The auditor shall send an annual report of his audit to the Authority not later than 30th September in each year.

Nil Subject to the direction and delegation of the powers by the Authority, Executive Committee or Commissioner may exercise any power or do any at or thing which may be exercised or done by the Authority. The auditor may at any other time report to the Government through the Authority upon any matter arising out of the performance of his audit.

Appointment of other committees (1) The Authority may from time to time appoint committees consisting of such members as it thinks fit and associate with such committee in such manner and for such period as may be prescribed, any person or persons whose assistance or advice it may desire and refer to such committees for inquiry and report any subject relating to the purposes of this Act.

(2) Every committee appointed under sub-section(1)shall conform to any instructions that may, from time to time, be given to it by the Authority and the Authority may at any time alter the constitution of any committee so appointed or rescind any such appointment. The Authority shall nominate one of the members as the Chairman of every such committee.

(3) The procedure to be followed by the committees and all other matters relating to the committees shall be such as may be prescribed in the standing orders. The Accountant-General or any person as may be appointed by him in connection with the audit of accounts of the Authority shall have the same rights, privileges and authority in connection with such audit as the Accountant-General has in connection with the State Government accounts and in particular shall have the right to, at all reasonable times, full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Authority.

(1) The Authority shall have a common seal and such seal may from time to time be changed and altered as the Authority thinks fit.

(2) All deeds, documents and other instruments requiring the seal of the Authority shall be affixed with the common seal of the Authority and every instrument to which the common seal is affixed shall be signed by an officer of the Authority and shall be countersigned by a member of the Authority or by some other person duly authorized by the Authority for that purpose, and such signing shall be sufficient evidence that such seal was duly and properly affixed.

(3) The Authority may by resolution or otherwise in writing appoint an officer of the Authority either in general or in a particular case to execute or sign on behalf of the Authority an agreement or other instrument in relation to any matter concerned to the Authority. The auditor or a person authorised by him may make copies of or extracts from any such accounting and other records.