Act Provisions
Act Provisions
&
PENAL ACTION IN RESPECT OF UNAUTHORISED
CONSTRUCTIONS IN URBAN AREAS
UNAUTHORISED CONSTRUCTIONS
CHAPTER VI
DEVELOPMENT PROMOTION
82. ( 1) After the commencement of the Act, and subject to the provisions Develop-
ment
of the Act,
no development of any land [for layout or sub-division of plot pe.nnission
or construction] or building or institution of use or change of use of any mandatory.
and
-
(b)
ch~ges to the Authority to be levied under the Act.
CHAPTER XII.
BUILDING REGULATIONS.
Notice to be given 428. (1) Every person who intends to erect a building shall
to Commissioner give to the Commissioner notice of his said intention in a
of intention to
erect a building.
form, obtained for this purpose under section 435,
specifying the position of the building intended to be
erected, the description of building, the purpose for which it
is intended, its dimensions and the name of the person
whom he intends to employ to supervise its erection.
429. (1) At any time within thirty days after receipt of any Commissioner
notice under section 428, the Commissioner may, by written may require plans
notice, require the person who has given the notice first and other
hereinbefore in this section mentioned, to furnish to the documents to be
furnished.
Commissioner all or any of the following documents,
namely:-
389. If any notice under section 388 does not supply all the Commissioner
information which the Commissioner deems necessary to may call for
enable him to deal satisfactorily with the case or if any such further particulars.
notice given for any or all of the purposes mentioned in
clauses (a), (b) or (c) of the said section does not contain
any proposal or intention to make or lay out a private street,
he may, at any time within thirty days after receipt of the said
notice, by written notice require the person who gave the
said notice -
206. (1) The 246[council] may require any building intended Buildings at
to be erected at the corner of two streets to be rounded off corner of streets.
or splayed off to such height and to such extent otherwise
as it may determine and may acquire such portion of the
site at the corner as it may consider necessary for public
convenience or amenity and in any land so acquired the
council shall pay compensation.
Prohibition
211. The construction or reconstruction of a building shall
against
commencement not be begun unless and until the * [Commissioner] has
of work without granted permission for the execution of the work.
permission.
Period within 212. Within sixty days after the receipt of any application
which
made under section 209 for approval of a site or of any
Commissioner is
to signify approval information or further information required under rules or
or disapproval. bye-laws, the *[Commissioner] shall, by written order, either
Private Streets.
184. (1) The owner of any agricultural land who intends to Owner's
utilise or sell such land for building purposes shall pay to obligation to
make a layout and
the council such conversion fee as may be fixed by the
to form a street or
council, not being less than twenty-five paise and not more road when
than one rupee per square metre: disposing of lands
as building sites.
238
[Provided that no such conversion fee shall be
payable where an agricultural land belonging to charitable,
religious or such other institutions as may be prescribed is
intended to be utilised or sold for building purposes.]
(a) the plot is not less than the size fixed by the
council from time to time;
Lapse of 85. (1) Every Development Permission granted under the Act shall
~~~ k
permtsslon, remain valid for three years during which time the development wor s
or layout works or construction and civil works shall be completed,
and if not completed, such permission shall be got revalidated for
another two years only on submitting an application and on payment
of the additional fees and charges as may be prescribed.
Provided further that such lapse shall not bar any subsequent
application for fresh Development Permission under the Act, however,
such application shall be subject to the rules / regulations and
payment of fees and charges which are in force as on that date of
fresh application.
Deviations 86. If during the execution of any development works or layout works
during
deftlopnr.nt. or construction and civil works, any deviation is made from the
Development Permission granted and the same are in accordance
within the provisions of the Act or Plans or Schemes or any rules or
regulations made under the Act, the revised Development Permission
shall be obtained under the Act before further proceeding with the
work.
Penalty for 88. (I) Any person who, whether at his own instance or at the instance
unau-
thorized of any other person or anybody including a department of Government
deYdopment commences, undertakes or carries out development of any land or
or for use
otherwise building or institutes or changes the use of any land or building in
than in contravention of the Perspective Plan or Master Plan or Infrastructure
conformity
with Development Plan or Area Development Plan or Zonal Development
sanctioned
plans. Plan or Land Pooling Scheme or Town Planning Scheme or any area
development plan in an area or Notified Development Scheme or any
Plan sanctioned under the Act-
JANUARY 21, 2016 ANDHRA PRADESH GAZ ETT E EXTRAORDINARY 67
b/1 · , (2) Any person whodeals with the development ofland or building
by way of sale or otherwise in contravention or without compliance of
~6 the provisions of the Act or rules or regulations made therein shall be
...>M ~ J~ishable with tmpnsonrnent for a term which may extend to three
) 12 , k years or with a fine equivalent to twenty percent of the value of the
I J. i V ~estion as fixed by the Registration department at the time of
1·). ~~ undertaking development of any land or both and in the case of
:- ) continuing the offence with a further daily fine which may extend to
fine equivalent to one percent of the value of the land in question as
fixed by the Registration Department at the time of undertaking
development of any land for every day during which such offence
continues after conviction for the first commission of the offence;
(3) Any person who continues to use or allows the use of any
land or building in-contravention of the provisions of the Master Plan
or any such plans sanctioned under the Act without being allowed to
do so under the provisions of the Act, or where the continuance of
such use has been allowed under the Act continues such use after the
pertod for which the use has been allowed or without complying with
the terms and conditions under which the continuance of such use is
allowed, shall be punished with a fine equivalent to ten percent of the
value of the land as fixed by the Registration Department at the time
of undertaking the development of the land or building; and in the
Q
68 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-8
case of a continuing offence, with a further daily fine which may extend
to fine equivalent to one percent of the value of the land as fixed by the
Registration Department for every day during which such offence
continues after conviction for the first commission of the offence.
Provided that, where the order requires the discontinuance of any use
of land, the Metropolitan Commissioner / Vice-Chairperson shall serve
the order on the occupier also.
A-5/18
70 ANDHRA PRADESH GAZETIE EXTRAORDINARY [PART IV-8
Recovery
of 91. Any expenses incurred by the Metropolitan Commissioner/ Vice-
expenses Chairperson under sections 89 and 95 of the Act shall be a sum due to
incurred.
the Authority under the Act from the person in default or the owner of
the plot.
O:nstitJ rtioo
of 92. ( 1) The Government shall appoint a Building Tribunal or
Building Tribunals (hereinafter referred to as 'the Tribunal') to hear and decide
Tribunal.
appeals arising out of matters referred to in sections 88, 89 and 90
and to adjudicate the offences relating to contravention of provisions
of the Act in accordance with such procedure, and to realize such fees
or fines in connection with such appeals as may be prescribed.
Unauthorised Works.
Work or thing 636. (1) If any work or thing requiring the written permission
done without of the Commissioner under any provision of this Act or any
written permission
of the
rule, regulation or bye-law is done by any person without
Commissioner to obtaining such written permission or if such written
be deemed permission is subsequently suspended or revoked for any
· unauthorised. reason by the Commissioner, such work or thing shall be
deemed to be unauthorised and subject to any other
provision of this Act the Commissioner may at any time, by
written notice, require that the same shall be removed,
pulled down or undone as the case may be, by the person
so carrying out or doing if the person carrying out such work
or doing such thing is not the owner at the time of such
notice then the owner at the time of giving such notice shall
be liable for carrying out the requisitions of the
Commissioner.
Power of Entry.
320
[(4) Notwithstanding anything contained in the Act,
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
construction or development of any land in contravention of
the statutory master plan or without permission, approval or
sanction or in contravention of any condition subject to
which such permission, approval or sanction has been
220. (1) The Commissioner shall, at the time and in the Time for filing
manner provided in section 218, give public notice of a day, complaints
not being less than twenty-one days from the publication of against valuations
to be publicly
such notice, on or before which complaints against the
announced.
amount of any rateable value entered in the ward
assessment book will be received in his office.
266 [ ( 3) [XXX]]
267
[220-A. (1) Notwithstanding anything contained in this Act Levy of Penalty on
and the rules made thereunder, where a building is unauthorized
constructed, or reconstructed, or some structures are raised constructions.
unauthorisedly, it shall be competent to the assessing
authority to levy property tax on such building or structure
[1r} {,re" f~-rt;
with a penalty as specified hereunder till such unauthorized
construction is demolished or regularized without prejudice
~>
266. Omitted by Act No.15 of 2013.
267. Section 220-A inserted by Act No.15 of 2013.
198
[Act No. II of 1956]
308
Penalty for willful [339A. Any person wilfully preventing distraint or sufficient
prevention of distraint of property subject to distraint for any tax due from
distraint.
any person shall on conviction be liable to a fine not
exceeding twice the amount of the tax found to be due.]
309
Penalty for (340. (1) Notwithstanding anything contained in the Act,
unlawful building .. 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
construction or development of any land in contravention of
the statutory master plan or without permission, approval or
sanction or in contravention of any condition subject to
which such permission, approval or sanction has been
granted shall be punished with imprisonment for a term
which may extend to three years, or with fine which may
extend to ten percent of the value of land or building
including land in question as fixed by the Registration
Department at the time of using the land or building.
Provided that the fine imposed shall, in no case be less than
fifty percent of the said amount.]
310
Power to seal (340-A. (1) It shall be lawful for the Commissioner, at any
unauthorised time, before or after making an order for the removal or
construction/
discontinuance of any unauthoirsed development or
development or
premises.
construction under section 228, to make an order directing
the sealing of such development or property or taking the
assistance of the police, for the purpose of carrying out the
provisions of this Act.
342. Every person, who prevents the municipal authority or Wrongful restraint
officer or any person to whom the said authority or officer of municipal
has lawfully delegated its or his powers of entering into or authority or officer
on any land or building, from exercising its or his lawful and his delegate.
power of entering there into or thereon shall be deemed to
have committed an offence under section 341 of the Indian Central Act 45 of 1860.
Penal Code.
308
Penalty for willful [339A. Any person wilfully preventing distraint or sufficient
prevention of distraint of property subject to distraint for any tax due from
dlstraint.
any person shall on conviction be liable to a fine not
exceeding twice the amount of the tax found to be due.]
309
Penalty for [340. (1) Notwithstanding anything contained in the Act,
unlawful building. 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
construction or development of any land in contravention of
f~f~~ the statutory master plan or without permission, approval or
( II j, V-uJ.. ) sanction or in contravention of any condition subject to
which such permission, approval or sanction has been
I')' fa"'~ granted shall be punished with imprisonment for a term
which may extend to three years, or with fine which may
extend to ten percent of the value of land or building
including land in question as fixed by the Registration
Department at the time of using the land or building.
Provided that the fine imposed shall, in no case be less than
fifty percent of the said amount.]
310
Power to seal (340-A. (1) It shall be lawful for the Commissioner, at any
unauthorised time, before or after making an order for the removal or
construction/
discontinuance of any unauthoirsed development or
development or
premises.
construction under section 228, to make an order directing
the sealing of such development or property or taking the
assistance of the police, for the purpose of carrying out the
provisions of this Act.
342. Every person, who prevents the municipal authority or Wrongful restraint
officer or any person to whom the said authority or officer of municipal
has lawfully delegated its or his powers of entering into or authority or officer
on any land or building, from exercising its or his lawful and his delegate.
power of entering there into or thereon shall be deemed to
have committed an offence under section 341 of the Indian Central Act 45 of 1860.
Penal Code.
Alteration or
186. (1) If any person makes a layout and forms any street
demolition of
street or road or road referred to in section 185 without, or otherwise than
made in breach of in conformity with, the orders of the council, the
section 185. *[Commissioner] may, whether or not such person be
prosecuted under this Act, by notice,-
Power of 187. (1) Where any private street or road or part thereof, is
Commissioner to
not levelled, paved, metalled, flagged, channelled, sewered,
order work to be
carried out or to drained, conserved or lighted, or where in any street or road
execute it in water supply mains are not laid, to the satisfaction of
default. *[Commissioner], he may, by notice, require the owner of
the land which abuts on such street or road or part thereof
to carry out any work specified in such notice within such
time as is fixed therein.
(2) Where such work is not carried out within the time
specified in the notice, the *[Commissioner] may, if he
[Act No. 6 of 1965] 193
255
228. (1) If the [Commissioner] is satisfied- Demolition or
alteration of
(i) that the construction or reconstruction of any building work
unlawfully
building or commenced,
carried on or
(a) has been commenced without obtaining the completed.
permission of the 256[Commissioner or the s[chairman/
chairperson], as the case may be] or where an appeal has
been made to the council, in contravention of any order
passed by the council, or
255. Substituted for words "town planning officer" by Act No.5 of 1971.
256. Substituted for words "executive committee" by ibid.
194 [Act No. 6 of 1965]
EXEMPTIONS.
Exemptions. 229. (1) Any building constructed and used, or intended to
be constructed and used, exclusively for the purpose of a
plant-house, summer-house, not being a dwelling-house,
poultry house or aviary, shall be exempted from the
provisions of this chapter other than section 208 provided
the building be wholly detached from, and situated at a
distance of at least three metres from the nearest adjacent
building.
Saving for certain 84. Nothing in this part of this Act, shall authorise a council
provisions of the to levy any tax which the State Legislature has no power to
Constitution of
India.
impose in the State under the Constitution of India:
Levy of property 85. (1) 179[Subject to the provisions of sections 85-H and
tax. 85-1, where the Council, by resolution determines that a
Property Tax shall be levied], such tax shall be levied on all
buildings and lands within the municipal limits save those
exempted by or under this Act or any other law. The
property tax may comprise-
182
[Provided that in the case of lands and buildings
vested in the trustees of the port of Visakhapatnam, these
taxes levied in any half-year shall be at one per centum of
the annual gross earnings of the Visakhapatnam Port Trust
in the year immediately preceding such levy.]
183
[Provided further that the percentage of the property
tax fixed under this sub-section shall be such that the
incidence of property tax together with the education tax
and library cess levied under the relevant laws, shall not
exceed twenty-five percentum of the annual rental value in
the case of residential buildings and thirty-three percentum
of the annual rental value in the case of non-residential
buildings.]
184
[(5) Notwithstanding anything contained in this Act
and the Rules made thereunder, where a building is
constructed, or re-constructed, or some structures are
raised unauthorisedly, it shall be competent to the
assessing authority to levy property tax on such building or
structure with a penalty 185[as specified hereunder till such
unauthorised construction is demolished or regularised
CHAPTER XVII.
Offences and Penalties
341
[Provided that the fine imposed shall, in no case be
less than fifty percent of the said amount.]
342
[Provided that the fine imposed shall in no case be
less than fifty percent of the ssaid amount.]
j~ (J
392. (1) No person shall sell, let, use or permit the use of "Land not to be
any land whether undeveloped or partly developed for appropriated for
building and
building or divide any such land into building plots, or make private street not
or layout any private street - be laid out until
expiration of
(a) unless such person has given previous written notice not
notice of his intention as provided in section 388 nor until otherwise than in
accordance with
the expiration of sixty days from delivery of such directions, Commissioner's
if any, as may have been fixed and determined under sub- directions.
section (1) of section 391,
When work may 440. (1) No person shall commence to erect or re-erect any
be commenced. building or to execute any such work as is described in
section 428-
441. No person shall, without the written permission of the Building not to be
Commissioner,- converted to other
purposes without
(a) use or permit to be used for human habitation any the permission of
the
part of a building not originally constructed or authorised to Commissioner.
be used for that purpose, or
316
[452-A. Any contravention of section 452 in respect of Regularisation of
Non-High Rise Buildings may be regularised by the violation of floor
area of Non-High
Commissioner or any officer authorised by the
Rise Buildings.
Commissioner in this behalf to the extent of violated floor
Buildings or works 453. (1) If there shall be reasonable ground for suspecting
commenced
contrary to Act
that in the erection of any such building or in the execution
may be cut into of any such work as is referred to in section 452 anything
and laid open for has been done contrary to any provision of this Act or of any
purpose of rule or bye-law made thereunder or that anything required
inspection. by any such provision, rule, bye-law to be done has been
omitted to be done;
455. (1) Every person shall, within one month after the Completion of
completion of the erection or re-erection of a building or the certificates,
execution of any such work as is described in section 343 permission to
occupy or use.
deliver or send or cause to be delivered or sent to the
Commissioner at his office, a notice in writing of such
completion accompanied by a certificate in the form
specified in the bye-laws signed and subscribed in the
manner so specified, and shall give to the Commissioner all
necessary facilities for the inspection of such building or of
such work and shall apply for permission to occupy the
building.
317
Regularisation of (455-A. The Commissioner may regularise constructions
Buildings made without obtaining sanctioned plan, subject to fulfilling
constructed
without
the following conditions:-
sanctioned plan.
(a) submission of building plans to the competent
authority duly paying all categories of fee and charges;
Dangerous Structures.
(ii) to secure,
(iii) to remove, or
400
[SCHEDULE U.
Fine which
Section, sub-
Subject may be
section or clause
imposed.
(1) (2) (3)
:,
Section 12, Requisition by One hundred
sub-section (7) Commissioner rupees.
"
...
518
[Act No. II of 1956]
401
[SCHEDULE V.
Section,
Daily Fine which
sub-section or Subject
clause may be imposed
(1)
•
(2) (3)
Section 522 Prohibition of Five hundred
sub-section (1) corruption of water by rupees.
chemical etc.,
licence.
~