WELCOME

TO
TRAINING PROGRAMME FOR
PLANNING & REGULATION SECRETARIES
Session: Provision of various Acts supporting
functioning of Planning & Regulation.

Director of Town and Country Planning (DT&CP) Municipal

Administration and Urban Development (MA&UD) Department,
Government of Andhra Pradesh
What is meant by an “Act”
and what it contains?
 In our country, all the State Governments and
the
Departments of Government shall function under
the provisions of Constitution of India.
 Every Departments shall function according to
specific rules and regulations prescribed for that
Department.
 A book compiling with all those Regulations
and Rules pertaining to that Department is
called as “Act“ of that specific Department.
 All the Municipalities, Municipal Corporations and
Urban Development Authorities are the
organizations function under the control of A.P.
Municipal Administration & Urban Development
Department.
 All those organizations shall function
according to the rules & regulations specified
in the Acts pertaining to their respective
organization. They shall not violate the Rules
and Regulations specified in their respective
“Act”.
Who will make these Rules & Acts?
- State Legislative Assembly &
Legislative Council.

Who will implement the provisions of the Acts?

- Respective Departments
(Municipalities/ Municipal Corporations/ UDAs)
If any one violates the Rules and Regulations, who
will punish them?
- Courts (Local court, High court etc…)
 All the 110 Municipalities in the State shall

function as per the provisions of the “Andhra

Pradesh Municipalities Act, 1965”.

 All the 15 Municipal Corporations in the State

shall function as per the provision of the
“Andhra Pradesh Municipal Corporations Act,
1994”.
In addition to the provisions of the respective
Acts, the Town Planning staff shall know about
the following Acts also.
1. A.P. Town Planning Act, 1920.
2. A.P. Metropolitan Region & Urban Development Authorities
Act, 2014.
3. 74th Constitutional Amendment Act, 1992.
4. A.P. Capital Region Development Authorities (CRDA)
Act – 2014.
5. A.P. Cinema (Regulations) Act, 1955.
6. A.P. Fire services Act, 1999.
7. A.P. Water, Land, Trees Act, 2002.
8. A.P. Agriculture land (conversion of Non- Agricultural
purpose) Act, 2006.
 What are the main chapters relating in the
1) A.P.Municipalities Act, 1965
2) A.P.Municipal Corporations Act, 1994.
1. A.P. Municipal Council & Elections.
2. General Administration.
3. Accounts.
4. Public Health & Sanitation.
5. Town Planning.
6. Engineering.
7. MEPMA (Poverty elevation).
 Important Provisions in A.P.Municipalities Act
1965, pertaining to the Town Planing Section
Important Definitions:
1.Building:
‘Building’ means any structure constructed of any materials for
any purpose, and includes a house, out-house, shop, stable, latrine,
shed, hut, wall (other than a boundary wall not exceeding two
metres in height), or any part of such building.

2.Building line:
‘Building line’ means a line which is in rear of the street
alignment and to which the main wall of a building abutting on a
street may lawfully extend.
3.Private Street:
‘Private Street’ means any street, road, square, court, alley, passage
or riding path, which is not a public street but does not include a pathway
made by the owner of premises on his own land to secure access to, or
the convenient use of, such premises.
4.Public Street:
‘Public Street’ means any street, road, square, court, alley, passage or
riding path over which the public have a right of way whether a
thoroughfare or not, and includes –
(a) The roadway over any public bridge or causeway.
(b) The footway attached to any street public bridge or causeway and
(c) The drains attached to any such street, public bridge or cause
way and the land, whether covered or not by any pavement,
verandah, or other structure which lies on either side of the roadway
upto the boundaries of the adjacent property whether
that property is private property or property belonging to
the Government.
 Provisions of sections for Building permissions in
the A.P.Municipalities Act, 1965

Section 204 : Building sites and Construction of buildings.

Section 206 : Building at corner of street.
Section 214 : Effect of delay in grant or refusal of
approval or permission.
Section 215: Grounds on which approval of sites for or
licence to construct or reconstruct
building may be refused.
Section 216 : Lapse of permission.
Section 217 : Power to require alteration of work.
(1) If the Commissioner finds that the work--
(a) is otherwise than in accordance with the plans or specifications
which have been approved; or
(b) contravenes any of the provisions of this Act or any bye-law, rule,
order of declaration made thereunder he may, by notice, require
the owner of the building within a period stated either--
(i) to make such alterations as may be specified in the said notice
with the object of bringing the work into conformity with the
said plans or provisions; or
(ii) to show cause why alteration should not be made.
(2) If the owner does not show cause as aforesaid, he shall be bound to
make the alterations specified in such notice.
(3) If the owner shows cause as aforesaid, the Commissioner shall by an
order cancel the notice issued under sub-section (1), or confirm the
same subject to such modifications as it may think fit.
 Provisions of sections for action on unauthorised
constructions in the A.P.Municipalities Act, 1965

Section 228 : Demolition or alteration of building work

unlawfully commenced, carried on or
completed.
(1) If the Commissioner is satisfied –
(i) that the construction or reconstruction of any building or well –
(a) has been commenced without obtaining the
permission of the Commissioner or the 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
 (b) is being carried on, or has been completed, otherwise
than in accordance with the plans or particulars on
which such permission or order was based; or
(c) is being carried on, or has been completed, in breach
of any of the provisions of this Act or of any rule or
bye-law made under this Act or of any direction or
requisition lawfully given or made under this Act or
such rules or bye laws; or
(ii) that any alterations required by any notice issued under Section
217 have not been duly made; or
(iii) that any alteration of or addition to any building or any other
work made or done for any purpose into or upon, any building,
has been commenced or is being carried on or has been
completed in breach of Section 227.
(2) The said officer shall serve a copy of the provisional order made
under sub-section (1) on the owner of the building or well,
together with a notice requiring him to show cause within a
reasonable time to be named in such notice why the order
should not be confirmed.

(3) If the owner fails to show cause to the satisfaction of the said
officer, he may confirm the order with such modification as he
thinks fit to make, and such order shall then be binding on the
owner.
Section 340 : Penalty for unlawful buildings:
Notwithstanding anything contained in the Act, any person
whether at his own instance or at the instance of any other
person or anybody 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.
 Provisions of sections for Approval of Layouts
in A.P.Municipalities Act, 1965
 Section 189 : Owner's obligation to make a layout and to form
a
street or road when disposing of lands as building sites
(1) The owner of any agricultural land who intends to utilize or sell such
land for building purposes shall pay to the council such conversion fee.
(2) The owner of any land shall, before he utilizes, sells, leases, or
otherwise disposes of such land or any portion thereof, as sites for
construction of buildings-
(a) make a layout and form a street or road giving access to sites
and connecting them with an existing public or private street except
in the cases where the sites abut on an existing public or private
street;
(b) set apart in the layout adequate area of land on such a scale as may
be prescribed for a play-ground, a park, an educational institution or
for any other public purpose.
 Provisions of sections for Removal of Encroachemnts
in A.P.Municipalities Act, 1965
 Section 189 : Prohibition of obstruction in or over streets
No one shall build any wall or erect any fence or other
obstruction or projection or make any encroachment in or over any
street except as hereinafter provided.
 Section 192 : Removal of encroachments
(1) The Commissioner may cause to be removed or altered
(a) any projection, encroachment or obstruction (other than
a door, or gate or a necessary access thereto, or bar or
ground floor windows) situated against, or in front of
such premises and in, or over any street;
(b) any article whatsoever, hawked or exposed for sale in a
public place or in any public street in contravention of the
provisions of this Act, together with any vehicle,
package, box or any other thing in or on which such
article is placed.
 Provisions of sections to take action of dangerous
structures in A.P.Municipalities Act, 1965
 Section 231 : Owner's Precautions in case of dangerous
structures
(1) If any structure appears to the Commissioner to be in a ruinous state
and dangerous to the passersby or to the occupiers of neighbouring
structures, he may by notice require the owner or occupier to fence
off, take down, secure or repair such structures so as to prevent any
danger therefrom.
(2) If immediate action is necessary, the Commissioner shall himself
before giving such notice or before the period of such notice expires,
fence off, take down, secure or repair such structure or fence off a
part of any street or take such temporary measures as he thinks fit to
prevent danger and the cost of doing so shall be recoverable from the
owner or occupier in the manner provided in Section 364.
(3) If in the opinion of the Commissioner the said structure is imminently
dangerous to the inmates thereof, he shall order the immediate
evacuation thereof, and any person disobeying may be got removed with the
help of any police officer.
Thank you