Chapter X MISCELLANEOUS

The Metropolitan Commissioner / Vice-Chairperson 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, etc;

(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 the Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan or Development Scheme or Land Pooling Scheme or Town Planning Scheme, road or public utility alignments, etc.;

(7) grounding of new alignment of roads or road widening or alignment of new communication network in any land;

(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 the Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan or Development Scheme or Land Pooling Scheme or Town Planning Scheme or other provisions for the efficient administration 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 compatible 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.

(1) Any General Town Planning Scheme prepared under the Andhra Pradesh Town Planning Act, 1920, (Act.No.7 of 1920) or any other Statutory Development Plan or Master Plan prepared under the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act. No. 1 of 1975) or Andhra Pradesh Municipalities Act, 1965 (Act. No. 6 of 1965) for the development area and published by the Local Authority 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.

(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 development area and published by the Local Authority 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) Notwithstanding anything contained in the Andhra Pradesh Town Planning Act, 1920 (Act.No.7 of 1920) or the Andhra Pradesh Municipalities Act, 1965, (Act. No. 6 0f 1965) or the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act.No.1 of 1975) or Visakhapatnam Municipal Corporation Act, 1979 (Act. No. 19 of 1979) or Vijayawada Municipal Corporation Act, 1981 (Act. No. 23 of 1981) or Andhra Pradesh Municipal Corporations Act, 1994; (Act. No. 25 of 1994) the Andhra Pradesh Panchayat Raj Act, 1994 (Act. No. 13 of 1994) or any other law, the provisions of the Act shall have an over-riding effect over all such laws.

(2) Any development permission, No Objection Certificate or other clearance given under the Act shall be construed as from the planned development point of view and shall in no way either confer the ownership rights or affect the ownership under the land revenue laws. The Authority shall stand 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. It 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 subdivision of plot or construction or building or institution of us or change of use of any land or building has been obtained under the Act, such development shall not be deemed to be unlawfully undertaken 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 subdivision of plot or construction or building or institution of use 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.

(1) Subject to the provision of sub-section (2), the Authority may by resolution direct that any power exercisable by it under the Act or rules or regulations made there under may also be exercised by the Executive Committee or any Authority or the Metropolitan Commissioner / the Vice-Chairperson or Local Authority or officer of the Government or any other body, 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 Government or the Authority under the Act, except the power to make rules or regulations, may be exercised by the Executive Committee or the Metropolitan Commissioner / Vice-Chairperson or any Local Authority or officer of the Government or any other body, in such cases and subject to such conditions, if any, as may be specified therein.

(3) The Government may by notification, delegate one or more of its functions and powers specified in this Act to the authority.

(4) The Government may, by notification delegate one or more of its functions and powers specified in sections starting from 35 to section 81 to the Authority.

(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 terms of office of members and staff, their allowances and other conditions of service, summoning and holding of meetings and the conduct of business of the authority and executive committee, powers and functions of the Chairperson, the Metropolitan Commissioner / Vice-Chairperson and any other member;

(b) the conditions of service, salaries and allowances of the members, officers and staff;

(c) 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;

(d) 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;

(e) the procedure for permitting or undertaking Land Pooling Scheme, Town Planning Scheme, Layout developments and their requirements, development specifications and conditions;

(f) the form and manner of Transferable Development Rights the Authority may take up with owners;

(g) 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;

(h) the functioning and conduct of meetings and any other matters relating to the powers and functions of the Authority and Executive Committee;

(i) the control and management of lands and buildings acquired by, vested in or belonging to, the Authority;

(j) any other matter which has to be or may be made by rules.

(3) 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 or 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.

The Authority may, with the previous approval of the Government, make regulations consistent with the Act and the rules made there under, to carry out, the purposes of the Act and without prejudice to the generality of this power, such regulations may provide for,- (1) the conditions of service of other employees appointed on contract or otherwise, by the Authority, their duties and responsibilities and the control and restrictions in relation of such appointments; (2) the plan programs of the Authority, stages of implementation of the Perspective Plan [PP] or Master Plan [MP] or Infrastructure Development Plan [IDP] or Area Development Plan or Zonal Development Plan; (3) the issues related to traffic and transportation in the development area. (4) 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 Authority while considering the building permissions based on the Development Permission given by the Authority; (5) the form and manner of sanctioning of the building permissions by the Local Authority and conditions to be adhered to, and responsibilities of Local Authority there to; (6) the form and conditions of licensing the real estate company, developer, builder, architect, surveyor, town planner, structural engineer, engineer and other technical personnel; (7) the form and content of mortgage deed and other conditions of surety to be complied by licensed developer and licensed technical personnel; (8) the form and manner of conditionality of undertaking road development schemes by the Authority or Local Authority or State Government agency concerned; (9) the details and rates in respect of levy of user charges under the provisions of the Act; (10) the form and manner of preparation of Annual Plans and Budget, and Annual reports of the Authority; (11) the procedure to be followed for borrowing money or raising money through loans, debentures and bonds and their repayment; (21) form and manner for taking over lands by the Authority under negotiated settlement; (13) the opening, keeping, closing and internal audit of accounts of the Authority; (14) loans and allowances to officers and staff of the Authority; (15) the professional and technical training of officers and staff of the Authority; (16) the terms of entry, conditions of service, termination, job charts, duties and responsibilities of officers / staff of the Authority along with skills, experience and qualifications required to hold them; (17) the method of entering into contract while hiring staff from the market or deputing staff from any government or any government organizations; (18) any other matter which is required to be provided by regulations.

(1) The Government may from time to time issue such directions not inconsistent with the provisions of the Act or Rules made there under to the Authority and other functional departments and agencies as it may consider necessary for carrying out the purposes of the Act. (2) If in, or in connection with, the exercise of its powers, responsibilities and discharge of its functions by the Authority under the Act, any dispute arises between the Authority and Government or other Authority or Functional Committee or Local Authority, the matter shall be resolved at the Government level and the decision of the Government shall be final and binding on the Authority and the other Authority, or Functional Committee or Local Authority. (3) The Government may, at any time whether on its own 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 correctness or any order passed or direction issued, and may pass such order or issue such direction in relation thereto as they may think fit: Provided that the Government shall not pass any order adversely affecting any person or body without affording such person or body an opportunity of being heard or offering explanation.

(1) The Authority shall furnish to the Government such reports, returns and other information as the Government may require. (2) Every Local Authority or functional units (within the development area) shall furnish to the Authority such report, returns and other information as the Authority may require.

(1) Subject to sub-section (5), a notice may be served in the following manner: (a) in the case of an individual,- (i) by delivering it to the individual personally, (ii) by leaving it with an adult person apparently resident or employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual; (iii) If the aforesaid methods are not possible, by affixing a copy of the notice in a conspicuous place at the usual or last known address of the place of residence or place of business of the individual; or (iv) by electronic communication, by sending an electronic communication of the notice to the last email address given to the Authority by the individual as the email address for the service of documents on the individual; (b) in the case of a partnership other than a limited liability partnership,- (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in India; (iii) by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in India; or (iv) by sending an electronic communication of the notice to the last email address given to the Authority by the partnership as the email address for the service of documents on the partnership; and (c) in the case of any limited liability partnership or any other body corporate,- (i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof, or to any person having, on behalf of the limited liability partnership or other body corporate, powers of control or management over the business, occupation, work or matter to which the notice relates; (ii) by leaving it at, or by sending it by pre-paid registered post to the registered office or principal place of business of the limited liability partnership or other body corporate in India; (iii) by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal place of business of the limited liability partnership or other body corporate in India or elsewhere; or (iv) by sending an electronic communication of the notice to the last email address given to the Authority by the limited liability partnership or other body corporate as the email address for the service of documents on the limited liability partnership or body corporate. (2) If the person on whom service is to be effected has an agent within India, the notice may be delivered to the agent. (3) Any notice which is to be served on the occupier of any premises,- (a) may be served by delivering it to an adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice to a conspicuous part of the premises; and (b) shall be deemed to be properly addressed if addressed by the description of the occupier of the premises without further name or description. (4) Where any notice is required to be served on any person is,- (a) sent by registered post to any person, it shall be deemed to be duly served on the person at the time when it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post; (b) sent by ordinary post to any person, it shall be deemed to be duly served on the person to whom it is addressed on the day succeeding the day on which it would, in the ordinary course of post, be delivered; (c) sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal place of business, it shall be deemed to be duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal place of business, as the case may be; and (d) sent by electronic communication to an email address, it shall be deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address. (5) Service of any notice under this section on a person by electronic communication may be effected only if the person gives as part of his or its address for service an email address.

Every public notice given under the Act or rules or regulations made there under shall be in writing and shall be widely made known in the locality to be affected thereby affixing copies thereof in conspicuous public places with in the said locality 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 regulation made there under requires anything to be done for the doing of which no time is fixed in this Act or rule or regulation made there under, the notice, order or other document shall specify a reasonable time for doing the same.

Any person who obstructs or abuses or hinders an officer or agent of the Authority acting in the discharge of his duty under this Act or any regulations made there under 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 three months or both.

(1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Metropolitan Commissioner / Vice-Chairperson. (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 there under shall be tried summarily. (3) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1973, (Act. II 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 the 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.

(1) The Police Officers in the development area shall provide necessary aid to the Metropolitan Commissioner / Vice-Chairperson and Officers and employees for carrying into effect and enforcing the provisions of this Act and for the maintenance of good public order. (2) On receipt of complaint from the Authority any police officer, may arrest any person who commits in his view any offence against this Act or against any rule, regulation or standing order made there under. (3) No person so arrested shall be detained in custody without the order of the nearest Magistrate for period longer than twenty four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such Magistrate. (4) It shall be the duty of all police officers, to give immediate information to the Metropolitan Commissioner / Vice-Chairperson of, or the attempt to commit any offence against this Act or any rule, regulation or any order made there under and to assist all employees of the Authority in the exercise of their lawful authority.

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

(1) The Authority may, in its discretion, compound any offence under this Act or regulations made there under which is prescribed as compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding Rs. 5000/-. (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 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 office Gazette.

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

When any difference of opinion arises in regard to any interpretation of the provisions of the Act or the rules or regulations made there under 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 regulations made there under.

All members, officers and servants of the Authority, the Tribunal and all other persons entrusted with the execution of any function under the Act, shall be deemed when acting or purporting to act in pursuance of any of the provisions of the Act or the rules or regulations made there under, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).

The Authority may, make an ex-gratia payment to a person sustaining damage by reason of the exercise of one or more often 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.

The Authority may accept gifts, legacies or donations and apply them for one or more of its functions.

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 Authority.

(1) The Government may, by notification, declare such of the outer area adjacent to the development area, consisting of such villages or at a distance specified on all sides of the development area, to be the periphery area of the Authority as it deems fit. (2) On declaration of an area under the sub-section (1) as a periphery area,- (a) The 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 Metropolitan Commissioner / Vice-Chairperson shall extend to the periphery area. (3) In order to regulate the developments in the periphery area, the Authority may prepare separate development plans for the periphery area in accordance with the provisions of the Act.

(1) Where the Government are satisfied that the purposes 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 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 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.

(1) The State Government may, by notification in the Andhra Pradesh Gazette, dissolve any existing Authority which was constituted under the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act. No. 1 of 1975) or any other Act for any development area before constitution of the Authority under this Act for such development area. Such dissolved Authority may be called as ‘former Authority’. (2) Transfer of assets and liabilities - All the lands, buildings and other property movable and immovable, vested in the former Authority and all assets, rights and interests vested in, and all outstanding debts, liabilities and obligations incurred by the former Authority in connection therewith, shall be transferred to and shall vest in the Authority without further assurance. (3) Existing Agreements etc., - All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the date of constitution of the Authority, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Authority under this Act shall continue in force on and after that date and shall be enforceable by or against the Authority as if, instead of the former Authority or a person acting on behalf of the former Authority, the Authority had been named therein or had been a party thereto. (4) Pending Legal proceedings - Any proceedings or cause of action pending or existing immediately before the date of constitution of the Authority, by or against the former Authority or any person acting on its behalf, may be continued and shall be enforced by or against the Authority. (5) Sub-section (4) shall not apply to any proceedings or cause or action relating to any sums of money paid, or payable by way of installments, to the former Authority. (6) Pending proposals Plans and Projects - After the dissolution of the former Authority, the Government shall decide on every proposal, plan and project submitted by the former Authority before the date of constitution of the Authority, and which have neither been approved nor rejected by the Government under the relevant Act. (7) Continuation of contacts, documents etc.,- 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. (8) 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 control of the Authority. (9) 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. (10) Transfer of employees of former Authority- (a) As from date of constitution of the Authority under this Act, every person who immediately before that date is employed by the former Authority, maybe transferred to the Authority subject to the satisfaction of the Authority of such persons possessing the required skills and experience. (b) Conditions of Service - Notwithstanding anything contained in clause (a), Government shall have right to redeploy persons under the employment of the former Authority to other similar Authorities or to other local bodies in the State or to any other government department or agency. (c) Until such time as terms and conditions of service are drawn up by the Authority, the schemes and terms and conditions of service of the former Authority shall continue to apply to every person transferred to the service of the Authority under this Act as if he were still in the service of the former Authority. (d) The terms and conditions to be drawn up by the Authority shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under this Act while in the employment of the former Authority and any such term or condition relating to the length of service with the Authority shall provide for the recognition of service under the former Authority by the persons transferred to be service by them under the Authority. (e) Pension Benefits - Nothing in the terms and conditions to be drawn up by the Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable to them. (f) Where any person in the service of the Authority whose case does not come within the scope and effect of any pension or other schemes referred to under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority may think fit, such allowance or gratuity as the Authority may determine. (g) Continuation and completion of disciplinary proceedings - Where on the date of constitution of an Authority under this Act any disciplinary proceedings were pending against any employee of the former Authority who has been transferred to the service of the Authority under this Act, the proceedings shall be carried on and completed by the Authority under and inconformity with this Act as far as practicable; but where on that date any matter was in the course of being heard or investigated or had been heard or investigated by the former Authority and no order or decision had been rendered thereon, the former Authority shall continue to exist, notwithstanding this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision, as the case may be. (h) for the purposes of completing a hearing or investigation before it, or making an order or rendering a decision on a matter heard or investigated before the date of enactment of the Act, the former Authority shall complete the hearing or investigation in accordance with the authority vested in the former Authority or committee immediately before that date and make such order or direction as the former Authority could have made under the authority vested it immediately before that date. (i) Any order, rule or direction made or given by the former Authority shall be treated as an order or direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act. (j) Misconduct or neglect of duty by employee before transfer - The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst the was in the employment of the former Authority, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by the former Authority or any other person acting under its authority or direction or otherwise, as if this Act had not been enacted.

(1) The Government may appoint acting Chairperson or acting Metropolitan Commissioner / Vice-Chairperson during the temporary incapacity from illness or otherwise, or during the temporary absence from India of the Chairperson or the Metropolitan Commissioner / Vice-Chairperson, as the case may be. (2) Vacation of office of member - The office of a member shall be vacated if the member becomes in any manner disqualified for membership of the Authority. (3) Disqualification from membership - No person shall be appointed or shall continue to hold office as a member if he,- (a) is mentally disordered and incapable of managing himself or his affairs; or (b) is an un-discharged bankrupt or has made any arrangement or composition with his creditors; or (c) is convicted of an offence. (4) Member’s interest to be made known - (a) A member who is in any way, directly or indirectly, interested in a transaction or project of the Authority shall disclose the nature of his interest at the first meeting of the Authority at which he is present after the relevant facts have come to his knowledge. (b) A disclosure under clause (a) shall be recorded in the minutes of the meeting of the Authority and, after the disclosure, that member,- (i) shall not take part in any deliberation or decision of the Authority with respect to that transaction or project; and (ii) shall be disregarded for the purpose of constituting a quorum of the Authority for such deliberation or decision. (c) No act or proceedings of the Authority shall be questioned on the ground that a member has contravened this section. (5) Meetings of the Authority - (a) The Chairperson shall convene meetings as often as may be required but not less than once in three months at such place within the jurisdiction of the Authority and at such time as the Chairperson may decide. (b) The quorum at every meeting of the Authority shall be one-third of the total number of members or six members, whichever is the higher. (c) Decisions at meetings of the Authority shall be adopted by a simple majority of the votes of the

(a) After dissolution of the former Authority under the provisions of the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) and after constitution of the new Authority under the provisions of this Act, the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) stands repealed. (b) Anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, byelaw, regulation or form made or granted or issued) under any provision of the aforesaid Act, shall so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions.