ANDHRA PRADESH URBAN AREAS (DEVELOPMENT) ACT, 1975
1 of 1975
27th January, 1975
An Act to provide for the development of urban areas in the State of Andhra Pradesh according to plan and for matters ancillary thereto. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-fifth Year of the Republic of India as follows
CHAPTER 1 Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Urban Areas (Development) Act, 1975.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires--
(a) 'amenity' includes road, water supply, street lighting, drainage, sewerage, public works, tourists spots, open spaces, parks and play fields, and such other convenience as the Government may, by notification, specify to be an amenity for the purposes of this Act;
(b) 'Authority' means an Urban Development Authority constituted under sub-section (1) of Section 3 or a Special Area Development Authority constituted under sub-section (1) of Section 3-A for a development area under this Act;
(c) 'building' includes--
(i) a house, out-house, stable, latrine, godown, shed, hut wall (other than a boundary wall) and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever;
(ii) a structure on wheels or simply resting on the ground without foundation; and
(iii) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods; and
(iv) the garden, grounds, carriages and stables, if any, appurtenant to any building;
(d) 'building operations' include re-building operations, structural alterations of, or additions to buildings and other operations normally undertaken in connection with the construction of building;
(e) 'development' with its grammatical variations means the carrying out of all or any of the works contemplated in a master plan or zonal development plan referred to in this Act, and the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any building or land and includes re-development:
Provided that for the purposes of this Act, the following operations or uses of land shall not be deemed to involve development of the land that is to say--
(i) the carrying out of any temporary works for the maintenance, improvement or other alteration of any building, being works which do not materially affect the external appearance of the building;
(ii) the carrying out by a local authority of any temporary works required for the maintenance or improvement of a road, or works carried out on land within the boundaries of the road;
(iii) the carrying out by a local authority or statutory undertaking of any temporary works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose;
(iv) the use of any building or other land within the curtilage purpose incidental to the enjoyment of the dwelling house as such; and
(v) the use of any land for the purpose of agriculture, gardening or forestry (including afforestation) and the use for any purpose specified in this clause of any building occupied together with the land so used;
(f) 'development area' means any urban area or group of urban areas declared to be a development area under sub-section (1) of Section 13;
(g) 'engineering operations' include the formation or laying out of means of access to a road or the laying out means of water- supply, drainage, sewerage or of electricity cables or lines or of telephone lines;
(h) 'Government' means the State Government of Andhra Pradesh;
(i) 'land' includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(j) 'means of access' includes any means of access, whether private or public, for vehicle or for pedestrians and includes a road;
(k) 'notification' means a notification published in the Andhra Pradesh Gazette;
(l) 'Prescribed' means prescribed by rules made by the Government under this Act;
(m) 'regulation' means a regulation made under this Act by an Urban Development Authority constituted under sub-section (1) of Section 3 or a Special Area Development Authority constituted under sub-section (1) of Section 3-A for the concerned development area;
(n) 'erect' in relation to any building includes--
(i) any material alteration or enlargement of any building;
(ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
(iii) the conversion into more than one plan for human habitation of a building originally constructed as one such place;
(iv) the conversion of two or more places of human habitation into a greater number of such places;
(v) such alterations of a building as to affect its drainage or sanitary arrangements, or to materially affect its security;
(vi) the addition of any rooms, buildings houses or other structures to any building; and
(vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening into such street or land;
(o) 'urban area' means--
(i) the area comprised within the jurisdiction of the Municipal Corporation of Hyderabad or of any Municipality constituted under the Andhra Pradesh Municipalities Act, 1965 and also any such area in the vicinity as the Government may, having regard to the extent of, and the scope for, the urbanisation of that area or other relevant considerations, specify in this behalf, by notification; and
(ii) such other area as the Government may, by notification, declare to be an urban area, which in the opinion of the Government, is likely to be urbanised;
(p) 'Zone' means any one of the divisions into which the development area may be divided for the purposes of development under this Act.
CHAPTER 2 Urban Development Authorities and their Objects
Section 3 Constitution of Urban Development Authority
(1) As soon as may be after an urban area or a group of urban areas is declared to be a development area, under sub-section (1) of Section 13, the Government shall, by notification, constitute for the said development area, an Urban Development Authority with effect from such date as may be specified therein.
(2) Every Authority so constituted shall be a body corporate by the name of the development area for which it is constituted having perpetual succession and a common seal with power to acquire, hold and dispose of property, both moveable, immoveable and to contract; and shall by the said name sue and be sued.
(3) The authority shall consist of the following members, namely:
(a) a Chairman, to be appointed by the Government;
(b) a Vice-Chairman, to be appointed by the Government, who shall be a whole-time chief executive officer of the Authority;
(c) three members from among the Members of the State Legislature representing the development area, to be nominated by the Government;
(d) two Councillors of the Municipal Corporation of Hyderabad or of the municipality, as the case may be, comprised within the development area, to be nominated by the Government;
(e) one officer, representing the Municipal Corporation of Hyderabad or the Municipal Administration Department of the Government, to be nominated by the Government;
(f) one officer of the Town Planning Department of the Government, to be nominated by the Government;
(g) one officer of the Finance Department of the Government, to be nominated by the Government;
(h) five other members, to be nominated by the Government.
(4) The Chairman shall be entitled to receive from the funds of the Authority such salary, allowances and perquisites, if any, and governed by such terms and conditions, as may be determined by the Government, from time to time.
(4A) The Vice-Chairman shall be a whole-time paid member of the Authority and shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and governed by such conditions of service, as may be determined by regulations made in this behalf. The Vice-Chairman shall hold office for such term as the Government may fix.
(5) The Chairman and every member of the Authority, other than ex-officio member, shall hold office during the pleasure of the Government.
(6) Any member, other than the Chairman,the Vice-Chairman and official members specified in clauses (e), (f) and (g) of sub- section (3), may be paid from the funds of the Authority, such allowances, if any, as may be prescribed.
(7) A member may resign his office by writing under his hand addressed to the Government, but shall continue in office until his resignation is accepted by the Government.
(8) Any member appointed or nominated to fill a casual vacancy shall hold office for the remainder of the term of the member in whose place he is appointed or nominated.
(9) No act or proceedings of the Authority shall be invalid by reason only of the existence of any vacancy in or defect in the constitution of, the Authority.
(10) The powers and functions of the Chairman and the Vice-Chairman shall be such as may be prescribed.
Section 3A Constitution of a Special Area Development Authority
(1) The Government may constitute a Special Area Development Authority for any area in the State of Andhra Pradesh as a special case whether such an area is classified as an urban area or otherwise, in the interest of specific development objectives that may be conducive to the overall planned development of the State.
(2) Save as otherwise specified under this Act, the area comprised within the jurisdiction of a Special Area Development Authority shall be deemed to be a Development Area notified under Section 13 of this Act.
(3) The Government may, by, notification constitute a Special Area Development Authority for any part of a Development Area for which an Urban Development Authority was already constituted provided that the area so comprised within the jurisdiction of the Special Area Development Authority shall be deemed to have been excluded from the jurisdiction of the said Urban Development Authority under Section 13 (2)(a) of this Act.
(4) Notwithstanding anything contained in this Act, or in any law for the time being in force, where any corporation or company is formed by the Government for the development of any particular area, the Government may, by, notification declare such company or corporation to be also a Special Area Development Authority and the said area as a Development Area under this Act.
Section 4 Appointment of Secretary, Chief Accounts Officer, Town Planner and Engineer
(1) For any authority, the Government may sanction a post of Secretary, a post of Chief Accounts Officer, a post of Town Planner and a post of Engineer who shall exercise such powers and perform such functions as may be prescribed or as may be determined by regulations made by the authority in this behalf or delegated to them by the authority or the Chairman.
(2) Before sanctioning any post under sub-section (1), the Government shall consult the authority concerned.
(3) All the appointment to posts sanctioned under sub-section (1) shall be made by the Government.
(4) All the officers appointed under sub-section (3) shall, save as otherwise provided in the rules relating to the discipline and conduct of those officers be deemed, for all purposes, as officers of the Authority and shall, in the exercise of the powers and discharge of the duties under this Act, be subject to such control and direction of the vice-Chairman as may be prescribed.
(5) The Government shall pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances pension and contribution, if any, towards the provident fund or pension-cum- provident fund of every officer appointed by the Government under sub-section (3).
Section 4A Government's power to regulate the methods of recruitment, conditions of service etc. of Officers appointed under Sec. 4
(1) The Government shall have power--
(a) to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officer appointed under Section 4.
(b) to recover from the authority concerned the whole of the salary and allowances paid to any such officer and such contribution towards his leave allowances, pension or provident- cum-pension fund of such officer paid by the Government under sub-section (5) of Section 4.
(2) The Government may at any time withdraw any officer appointed under Section 4 and appoint another in his place.
Section 4B Constitution of Urban Development Authorities Service for the State for any class of officers and employees of the Authorities
(1) Notwithstanding anything in this Act, or the rules made thereunder, the Government may, after consulting all the authorities by notification constitute any class of officers or employees of the Authorities into a Urban Development Authorities Service for the State.
(2) Upon the issue of a notification under sub-section (1) of the Act Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline, and conduct of the officers and employees of the Urban Development Authorities, service thereby constituted and such rules may vest jurisdiction in relation to such service in the Government or in such other Authority or Authorities as may be prescribed therein.
Section 5 Object and powers of the Authority
(1) The objects of the Authority shall be to promote and secure the development of all or any of the areas comprised in the development area concerned according to plan and for that purpose, the authority shall have the power to acquire, by way of purchase or otherwise, hold, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry out by or on its behalf building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewerage and control of pollution, other services and amenities and generally to do any thing necessary or expedient for purposes incidental thereof.
(2) The Authority may, for the purpose of efficient performance of its functions, constitute as many committees as it thinks fit, in such manner as may be prescribed, and provide by regulations made in this behalf for rules of procedure at the meeting of the Committees and allowances to members thereto.
CHAPTER 3 Master Plan and Zonal Development Plans
Section 6 Civic survey of, and Master Plan for development area
(1) The Authority shall, as soon as may be, carry out a civic survey of and prepare a Master Plan for the development area concerned.
(2) The Master Plan shall--
(a) define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (either after carrying out development thereon or otherwise) and the stages by which any such development shall be carried out; and
(b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared.
(3) The Master Plan may provide for any other matter which is necessary for the proper development of the development area.
Section 7 Zonal development plans
(1) Simultaneously with the preparation of Master Plan or as soon as may be thereafter the Authority shall proceed with the preparation of zonal development plan for each of the zones into which the development area may be divided.
(2) A zonal development plan may,-
(a) contain a site plan and land use plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zones for such purposes as roads, housing, schools, recreation, hospitals, industry, business, markets, public works and utilities, public buildings, public and private open spaces and other categories of public and private uses;
(b) specify the standards of population density and building density;
(c) show every area in the zone which may, in the opinion of the Authority, be required or declared for development or re-development; and
(d) in particular, contain provisions regarding all or any of the following matters, namely--
(i) the division of any site into plots for the erection of buildings;
(ii) the allotment or reservation of lands for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
(iii) the development of any area, into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;
(iv) the erection of buildings of any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings;
(v) the alignment of buildings on any site;
(vi) the architectural features of the elevation or frontage of any building to be erected on any site;
(vii) the number of residential buildings which may be erected on any plot or site;
(viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided;
(ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses of factories or buildings of a specified architectural feature or building designed for particular purposes in the locality;
(x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;
(xi) the restrictions regarding the use of any sits for purposes other than erection of buildings; and
(xii) any other matter which is necessary for the proper development of the zone or any other area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.
Section 8 Procedure to be followed in preparation and approval of plans
(1) In this section and in Sections 9, 10, 12 and 15 the word plan' means the Master Plan or the Zonal Development Plan for a zone or both, as the case may be.
(2) Before finally submitting any plan to the Government for approval, the Authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection publishing a notice in such form and manner as may be prescribed, inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice.
(3) The Authority shall also give reasonable opportunity to every local authority within whose local limits any land included in the plan is situated to make any representation with respect to the plan.
(4) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it to the Government for their approval.
(5) The form and content of a plan and the procedure to be followed and all other matters connected with the preparation, submission and approval of such plan shall be governed by such provisions, if any, as may be prescribed in this behalf.
Section 9 Submission of plans to Government for approval
(1) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the government for approval and the Government may either approve the plan without modifications or with such modifications as they may consider necessary or reject the plan with directions to the Authority to prepare a fresh plan according to such directions.
(2) The Government may direct the Authority to furnish such information as they may require for the purpose of approving any plan submitted to them under this section.
Section 10 Date of operation of plan
Immediately after a plan has been approved by the Government, the Authority shall publish in such manner as may be determined by regulations, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected during the specified hours and upon the date of the first publication of the aforesaid notice, the plan shall come into operation.
Section 11 Certain plans already prepared and sanctioned deemed to have been prepared and sanctioned under this Act
(1) Any general town planning scheme under the Andhra Pradesh (Andhra Area), Town Planning Act, 1920, any development plan under the Hyderabad Municipal Corporations Act, 1955 or any Master Plan under the A.P. Municipalities Act, 1965, already prepared and published by the local authority concerned and sanctioned by the Government before the commencement of this Act with respect to any area now forming part or whole of a development area under this Act, shall be deemed to be a Master Plan so prepared and published by the Authority and sanctioned by the Government subject to such alterations and modifications as may be considered necessary, under this Act.
(2) Any detailed town-planning scheme under the Andhra Pradesh (Andhra Area) Town Planning Act, 1920, any Improvement Scheme under the Hyderabad Municipal Corporations Act, 1955, or any Town Development Plan under the Andhra Pradesh Municipalities Act, 1965 already prepared and published by the local authority concerned and sanctioned by the Government before the commencement of this Act with respect to any area now forming part of a development area under this Act, shall be deemed to be a zonal development plan, so prepared and published by the Authority and sanctioned by the Government, subject to such alterations and modifications as may be considered necessary under this Act.
(3) In respect of plans of the nature specified in sub-section (1) or sub-section (2) which are at different stages or preparation or publication or pending sanction of the Government at the commencement of this Act, such plans shall be deemed to have been prepared, or published or submitted to Government as the case may be, under this Act, subject to such alterations and modifications as may be considered necessary under this Act.
Section 12 Modifications to plan
(1) The Authority may make such modifications to the plan as it thinks fit, being modifications which, in its opinion, do not effect important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of population density.
(2) The Government may suo motu or on a reference from the Authority make any modifications to the plan, whether such modifications are of the nature specified in sub-section (1) or otherwise.
(3) Before making any modifications to the plan, the Authority or, as the case may be, the Government shall publish a notice in such form and manner as may be prescribed inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the Government.
(4) Every modification made under the provisions of this section shall be published in such manner as the Authority or the Government, as the case may be, may specify and the modifications shall come into operation either on the date of the publication or on such other date as the Authority or the Government may fix.
(5) When the Authority makes any modifications to the plan under sub-section (1), it shall report to the Government the full particulars of such modifications within thirty days of the date on which such modifications come into operation.
(6) If any question arises whether the modifications proposed to be made by the Authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of population density, it shall be referred to the Government whose decision thereon shall be final.
(7) Any reference in any other Chapter, except this Chapter, to the Master Plan or the Zonal Development Plan shall be construed as a reference to the Master Plan or the Zonal Development Plan as modified under the provisions of this section.
CHAPTER 4 Development of Lands
Section 13 Declaration of development areas and development of land in those and other areas
(1) As soon as may be after the commencement of this Act, where Government consider it necessary to do so for purposes of proper development of any urban area or group of urban areas in this State they may, by notification, declare such urban area or group of urban areas to be a development area for the purposes of this Act.
(2) The Government may, by notification and in accordance with such rules as may be made in this behalf--
(a) exclude from a development area any area comprised therein; or
(b) include in a development area any other area.
(3) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.
(4) After the commencement of this Act, no development of land within the development area shall be undertaken or carried out by any person or body including any department of the Government, unless permission for such development has been obtained in writing from the Authority in accordance with the provisions of this Act.
(5)After the coming into operation of any of the plans in any area within the development area, no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans.
(6) Notwithstanding anything in any other law or the provisions contained in sub-sections (4) and (5), development of any land undertaken in accordance with any law by any person or body including any department of the Government or any local authority before the commencement of this Act, may be completed without compliance with the requirements of those sub-sections:
Provided that such development of land shall be completed within one year from the date of commencement of this Act; unless the Authority for good and sufficient reason, extends the said period of one year for such further period as it deems fit.
(7) After the commencement of this Act, no development of land shall be undertaken or carried out by any person or body including any department of the Government in such area adjoining to or in the vicinity of the development area, as may be notified by the Government unless approval of or sanction for such development has been obtained in writing from the local authority concerned, in accordance with the provisions of relevant law relating thereto, including the law relating to town planning for the time being in force and the rules and regulations made thereunder:
Provided that the local authority concerned may, in consultation with the Authority, frame or suitably amend its regulations in their application to such area adjoining to or in the vicinity of the development area.
(8)
(a) Where any part of the area adjoining to or in the vicinity of the development area, as notified under sub-section (7), is in the process of rapid development or is likely to develop in the near future, the local authority concerned shall, either on the direction of the Government or on the advice of the Authority, prepare in consultation with the Authority, Town Planning Scheme under the law relating to Town Planning, for the time being in force, and publish the schemes as required under that law and submit them to the Government for sanction.
(b) Any development in the area covered by such Town Planning schemes shall be in accordance with the provisions of the schemes as sanctioned by the Government.
(c) Where in regard to the matters specified in sub-section (7) and of this sub-section there is a difference of opinion between the local authority concerned and the Authority, the matter shall be referred to the Government, whose decision thereon shall be final.
(9) In this section, and in Sections 14, 16 and 41 the expression Department of the Government' means any department, organisation or public undertaking of the State Government or of the Central Government.
Section 14 Application for permission
(1) Every person or body including a Department of the Government desiring to obtain the permission referred to in Section 13 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be determined by regulations.
(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed:
Provided that no such fee shall be necessary in the case of an application made by a Department of the Government, or any local authority.
(3) On receipt of an application for permission under sub-section (1), the Authority, after making such enquiry as it considers necessary, in relation to any matter specified in Clause (d) of sub-section (2) of Section 7, or in relation to any other matter, shall by order in writing either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission.
(4) Where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner determined by regulations.
(5) If, within ninety days after the receipt of any application made under this section for permission, or of any information or further information required under rules or regulations, the Authority has neither granted nor refused its permission such permission shall be deemed to have been granted; and the applicant may proceed to carry out the development but not so as to contravene any of the provisions of this Act or any rules or regulations made under this Act.
(6) The Authority shall keep a register of applications for permission under this section in such form as may be determined by regulations.
(7) The said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with, as may be determined by regulations and shall be available for inspection by any member of the public during specified hours on payment of such fee, not exceeding five, as may be determined by regulations.
(8) Where permission is refused under this Section the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission.
Section 15 Use of the land and buildings in contravention of plans
After the coming into operation of any of the plans in a zone, no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan:
Provided that it shall be lawful to continue to use upon such terms and conditions as may be determined by regulations made in this behalf, any land or building for the purpose for which, and to the extent to which, it is being used on the date on which such plan comes into force.
Section 16 Act not to apply for certain development works
Nothing in this Act shall apply to--
(a) the carrying out of works for the maintenance, improvement or other alterations of any building being works which affect only the interior of the building or which do not materially affect the external appearance of the building;
(b) the carrying out by any local authority or by any department of the Government, of any works for the purposes of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose;
(c) the excavations (including wells) made in the ordinary course of agricultural operations; and
(d) the contraction of unmetalled road intended to give access to land solely for agricultural purposes.
Section 17 Plans to stand modified in certain cases
(1) Where any land situated in any development area is required by the Master Plan or Zonal Development Plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, if at the expiration of ten years from the date of operation of the plan under Section 10, or where such land has been so required or designated by any amendment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired, the owner of the land may serve on the Government a notice requiring his interest in the land to be so acquired.
(2) If the Government fail to acquire the land within a period of six months from the date of receipt of the notice, the Master Plan or Zonal Development Plan, as the case may be, shall have effect after the expiration of the said six months, as if the land were not required to be kept as an open space or unbuilt upon or were not designated as subject to compulsory acquisition.
CHAPTER 5 Acquisition and Disposal of land
Section 18 Compulsory acquisition of land
(1) If, in the opinion of the Government, any land is required for the purpose of development or for any other purpose under this Act, the Government may acquire such land under the provisions of the Land Acquisition Act, 1894.
(2) Where any land has been acquired by the Government they may, after they have taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the Government in connection with the acquisition.
Section 18A Acquisition of land by private negotiations
Where the authority proposes to acquire any land otherwise than under the provisions of the Land Acquisition Act, 1894, it shall obtain the previous approval of the District Collector, therefor. While according his approval, the District Collector shall determine the value at which the land is to be acquired and every such acquisition shall be subject to the previous sanction of the Government as may be prescribed.
Section 19 Disposal of land by the Authority or the local authority concerned
(1) Subject to any directions given by the Government under this Act, the authority or, as the case may be, the local authority concerned may dispose of--
(a) any land acquired by the Government and transferred to it, without undertaking or carrying out any development thereon; or
(b) any such land after taking or carrying out such development as it thinks fit; to such persons in such manner and subject to such terms and conditions as it considers expedient for securing the development of the area concerned according to plan.
(2) The powers of the Authority, or as the case may be, of the local authority concerned with respect to the disposal of land under sub-section (1) shall be so exercised as to secure so far as practicable, that persons who are living or carrying on business or other activities on the land shall, if they desire to obtain accommodation on land belonging to the Authority or the local authority concerned and are willing to comply with any requirements of the Authority or the local authority concerned as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.
Provided that where the Authority or the local authority concerned proposes to dispose of by sale any land without any development having been undertaken or carried out thereon, it shall offer the land in the first instance to the persons from whom it was acquired, if they desire to purchase it subject to such requirements as to its development and use as the Authority or the local authority concerned may think fit to impose.
(3) Nothing in this Act, shall be construed as enabling the Authority or the local authority concerned to dispose of land by way of gift, mortgage or charge, but subject to the aforesaid, any reference in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise.
Section 20 Government vacant land
(1) The Government, may by notification and upon such terms and conditions as may be agreed upon between the Government and the Authority, place at the disposal of the Authority all or any vacant lands belonging to or under the control of the Government situated in the development area (hereinafter referred to as "Government vacant land") for the purpose of development in accordance with the provisions of this Act.
(2) No development of any Government vacant land shall be undertaken or carried out except by, or under the control and supervision of, the Authority after such land has been placed at the disposal of the Authority under sub-section (1).
(3) After any such Government vacant land has been developed by or under the control and supervision of the Authority, it shall be dealt with by the Authority in accordance with rules made and directions given by the Government in this behalf.
(4) If any Government vacant land placed at the disposal of the Authority under sub-section (1) is required at any time thereafter by the Government, the Authority shall, by notification, replace it at the disposal of the Government upon such terms and conditions as may be agreed upon between the Government and the Authority;
Section 20A Sale of Government lands by public auction and their administration
(1) Notwithstanding anything in Section 20, the Government may effect the sale of their vacant lands by public auction on such terms and conditions as may be prescribed.
Provided that no such land shall be sold to or purchased by or on behalf of a Co-operative Society.
(2) The owners of the land purchased under sub-section (1) shall
(a) form into a Co-operative Society; and
(b) submit a declaration to the Authority in such form and in such manner and containing such particulars as may be prescribed.
(3) The administration of every property of the owners of land specified in sub-section (1) shall be governed by such directions as may be given by the Government or the Authority from time to time and by the bye-laws framed by the co-operative society and as amended from time to time and a true copy of the bye-laws and the amendments thereto, if any shall, as soon as they are made be filed with the Authority and be annexed to the declarations made under sub-section (2):
Provided that no such bye-laws or amendments thereto shall take effect until copies thereof are duly filed by with the Authority.
(4) The bye-laws shall conform to the directions given by the Authority from time to time and may provide for the following matters, namely:-
(a) the manner in which the association of the owners of vacant land is to be formed, the election of a Board of Managers from among the owners, the number of persons constituting the board, the number of members of such board to retire annually, the powers and duties of the board, honorarium, if any, of the members of the board, the method of removal from the office of members of the board, the powers of the board to engage the services of a manager and delegation of powers and duties to such manager.
(b) manner of calling meetings of the owners of vacant lands and the quorum for such meetings.
(c) election of a President and for presiding over the meetings of the Board and of the association in the absence of the President;
(d) elections of a Secretary who shall keep minutes book wherein resolutions shall be recorded;
(e) election of a treasurer who shall keep the financial records and books of accounts;
(f) maintenance, repair and replacement of the common areas and facilities and payment thereof;
(g) manner of collecting from the owners their share of the common expenses; and
(h) any other matter considered to be necessary for the administration of the property.
Section 21 Powers of Authority to develop land in non-development area
Notwithstanding anything in sub-section (3) of Section 13, the Authority or, as the case may be, the local authority may, if it is of opinion that it is expedient to do so, undertake or carry out any development of any land which has been transferred to it or placed at its disposal under Section 18 or Section 20 even if such land is situated in any area which is not a development area.
CHAPTER 6 Finance Account and Audit
Section 22 Fund of the Authority
(1) The Authority shall have and maintain its own fund to which shall be credited--
(a) all money received by the Authority from the state and Central Governments, by way of grants, loans, advances or otherwise;
(b) all moneys borrowed by the Authority from sources, other than Government, by way of loan or debentures;
(c) all fees and charges received by the Authority under this Act;
(d) all moneys received by the Authority from the disposal of lands, buildings and other properties, moveable, and immoveable; and
(e) all moneys received by the Authority by way of rents and profits or in any manner or from any other source.
(2) The fund shall be applied towards meeting the expenses incurred by the authority in the administration of this Act and for no other purposes.
(3) The Authority may keep such sum of money out of its funds as it may deem fit in deposit in any of the scheduled banks and any money in excess of the said sum shall be invested in such manner as it may think fit.
(4) The Government, may after due appropriation made by the State Legislature by law in this behalf, make such grants, advances and loans to the Authority as the Government may deem necessary for the performance of the functions of the Authority under this Act; and all grants, loans and advances made shall be on such terms and conditions as the Government may determine.
(5) The Authority may borrow money by way of loans or debentures or in any other manner from any source, other than the Government.
(6) The Authority shall maintain a sinking fund for the repayment of moneys borrowed under sub-section (5) and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed, of all moneys so borrowed.
(7) The sinking fund or any part thereof shall be applied in or towards, the discharge of the loan for which such fund was created, and until such loan is wholly discharged it shall not be applied for any other purpose.
(8) The Authority may accept grants, subventions, donations and gifts from the Central Government or a local authority or any individual or body whether incorporated or not, for all or any of the purposes of this Act on such terms and conditions as the Government may determine.
(9) Loans borrowed and debentures issued under this section may be guaranteed by the Government as to the repayment of the principal and the payment of interest at such rate as may be fixed by the Government.
(10) Notwithstanding anything in any law relating to local authorities, every local authority comprised within a development area or within whose local limits the area developed is situated, shall contribute to the Authority such amount as may be agreed upon between the Authority and that local authority or in default of such agreement, as may be fixed by the Government.
Section 23 Budget of the Authority
The Authority shall prepare in such form and at such time every year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Authority and shall forward to the Government such number of copies thereof as may be prescribed.
Section 24 Accounts and audit
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed.
(2) The accounts of the Authority shall be subject to audit annually by such person as may be appointed by the Government and any expenditure incurred by that person in connection with such audit shall be payable by the Authority to the Government.
(3) The person so appointed and any other person authorised by him in connection with the audit of accounts of the Authority shall have the same right, privilege and authority in connection which such audit as the Accountant-General has in connection with the audit of the Government accounts.
(4) The accounts of the Authority as certified by the person so appointed or any other person authorised by him in this behalf together with the audit report thereon shall be forwarded annually to the Government and the Government shall cause a copy of the same to be laid before both Houses of the State Legislature.
Section 25 Annual Report
The Authority shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date as may be prescribed and the Government shall cause a copy of the report to be laid before both Houses of the State Legislature.
Section 26 Pension and Provident Funds
(1) The Authority shall constitute for the benefit of its whole time paid members and of its Officers and other employees in such manner and subject to such conditions, as may be prescribed, such pension and provident fund as it may deem fit.
(2) Where any such pension or provident fund has been constituted, the Government may declare that the provisions of the Provident Fund Act, 1925, shall apply to such fund as if it were a Government Provident Fund.
CHAPTER 7 Levy Assessment and Recovery of Development Charges
Section 27 Levy of the development charges
(1) Subject to the provisions of this Act and the rules made thereunder, the Authority shall levy charges (hereinafter called the development charges) on the institution of use or change of use of land or building or development of any land or building for which permission is required under this Act in the whole area or any part of the development area within the maximum rates specified in Section 28:
Provided that the rates of development charges may be different for different parts of the development area and for different uses;
Provided further that the previous sanction of the Government has been obtained for the rates of levy.
(2) Where the Authority has determined to levy development charges for the first time or at a new rate, it shall forthwith publish a notification specifying the rates of levy of development charges.
(3) The development charges shall be leviable on any person who institutes or changes any such uses, undertakes or carries out any such development.
(4) Notwithstanding anything contained in sub-section (1) and (2), no development charges shall be levied on institution of use or of change of use or development of, any land or building vested in or under the control or possession of the Central or the State Government or of any local authority.
Section 28 Rates of development
(1)
(a) For the purposes of assessing the development charges, the use of land and building shall be classified under the following categories:
(i) Industrial;
(ii) Commercial;
(iii) Residential;
(iv) Agricultural; and
(v) Miscellaneous.
(b) In classifying the use of land and building under any of the categories mentioned in Clause (a), the predominant purpose for which such land and building are used shall be the main basis for such classification.
(2) The rates of development charges shall be determined on the proposed use of land or building:-
(a) in the case of development of land, at a rate to be prescribed per hectare for that area;
(b) in the case of development of building, at a rate to be prescribed per square metre of floor area for that area;
Provided that the development charges may be levied at different rates for different institutions of use as may be prescribed from time to time to which the land, or as the case may be the building, is used;
Provided further that where land appurtenant to a building is used for any purpose independent of the building, development charge may be levied separately for the building and the land.
Section 29 Assessment and recovery of development charges
(1) Any person who intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied or such permission or not, or who has commenced carrying out any such development or has carried out such development or instituted or changed any such use shall apply to the Authority within such time and in such manner as may be prescribed, for the assessment of development charges payable in respect thereof.
(2) The Authority shall on such application being made or if no such application is made, after serving a notice in writing on the person liable to such payment and after calling for a report in this behalf from the concerned officer of the Authority determine whether or not, and if so what, development charge is leviable in respect of that development or institution of use or change of use and fix and date by which such payment shall be made; and interest at the rate of six per cent per annum upon any amount outstanding shall be payable from that date.
(3) The Authority, after taking into consideration the report aforesaid and after giving such person an opportunity to be heard, shall then assess the amount of development charges payable by such person concerned and give to such person a notice in writing of such assessment;
Provided that--
(a) where permission under this Act has not been granted for carrying out the said development, the Authority may postpone the assessment of the development charges;
(b) Where the application relates to the carrying out of any development the Authority may refuse to assess the amount of development charges payable by such person concerned unless it is satisfied that the applicant has an interest in the land or building sufficient to enable him to carry out such development or that the applicant is able to obtain such interest and that the applicant shall carry out the development within such period as the Authority may determine;
(c) Where the application relates to the institution or change of any use, the Authority may refuse to assess the amount of development charges in respect thereof unless it is satisfied that the use will be instituted within such period as it considers appropriate.
(4) The Authority shall, in regard to the development area lying within its jurisdiction collect all development charges due under this Act in respect of any development in that development area.
(5)
(a) The development charges payable in respect of any land or building shall be a first charge on such land or building, subject to the prior payment of land revenue, if any due to the Government thereon.
(b) All development charges payable in respect of any land or building by any person shall, together with interest due upon the date of realisation, be recoverable from such person or his successor-in-interest in such land or building as arrears of land revenue.
Section 30 Constitution of tribunal and officers and servants of the tribunal
(1) The Government may constitute as many Tribunals as may be necessary for deciding disputes relating to levy or assessment of development charges.
(2) The Tribunal shall consist of one person only who shall be a judicial officer not below the rank of Subordinate Judge.
(3) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908).
(4) Each Tribunal shall have jurisdiction over such area as the Government may, by notification, from time to time, determine.
(5) The Tribunal may, with the previous sanction of the Government, appoint such officers and servants as it considers necessary for carrying on its business, and the remuneration and other conditions of service of such officers and servants shall be such as may be prescribed.
Section 31 Appeal and revision
(1) Any person objecting, to an order passed by the Authority under Section 29 may within a period of two months from the date on which the order was communicated to him in the manner prescribed, appeal against such order to the Tribunal:
Provided that the Tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(2) The appeal shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by such fee not exceeding two hundred and fifty rupees as may be prescribed.
(3) In disposing of an appeal, the Tribunal may after giving the appellant an opportunity of making his representation--
(a) in the case of an order or decision of assessment of development charges
(i) confirm, reduce, enhance, or annul such assessment;
(ii) set aside such assessment and direct the Authority to make a fresh assessment after such further inquiry as may be directed; or
(iii) pass such other orders as it may think fit, or
(b) in the case of any other order or decision, confirm, cancel or vary such order or decision:
Provided that at the hearing of any appeal against an order or decision of the Authority, the Authority shall have the right to be heard.
(4) Where as a result of the appeal any change becomes necessary in the order or decision appealed against, the Tribunal may authorise the Authority to amend such order or decision accordingly and on such amendment being made, any amount overpaid by the appellant shall be refunded to him without interest or the further amount of development charges, if, any, due from him shall be collected in accordance with the provisions of this Act, as the case may be.
(5) Notwithstanding that an appeal has been preferred under sub-section (1), the development charges shall be paid in accordance with the order or decision of assessment against which the appeal has been preferred:
Provided that the Tribunal may, in its discretion, give such directions as it thinks fit in regard to the payment of the development charges before the disposal of the appeal if the appellant furnishes sufficient security to its satisfaction, in such form and in such manner as may be prescribed.
(6) The Tribunal may pass such interlocutory orders pending the decision on the appeal as the Tribunal may deem fit.
(7) The Tribunal may award costs in proceedings under this section to be paid either out of the fund of the Authority or by such party to the appeal as the Tribunal may deem fit.
(8) The District Court may, of its own motion or on an application, call for and examine the record of any Tribunal in respect of any proceeding under this Chapter to satisfy itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed thereon; and if, in any case it appears to the District Court that any such proceeding, decision or order should be modified, annulled or reversed or remitted for consideration, it may pass orders accordingly:
Provided that the District Court shall not pass any order adversely affecting any party has been given an opportunity of being heard.
(9) Any order passed by the Tribunal and the District Court under the provisions of this Chapter shall be enforced by such authority and in such manner as may be prescribed.
Explanation:-For the purposes of this section, "District Court" shall mean--
(i) in the Cities of Hyderabad and Secunderabad the City Civil Court; and
(ii) elsewhere, the principal Civil Court of original jurisdiction.
CHAPTER 8 Relations between the Government, the Authority and the Local Authorities etc.
Section 32 Powers of the Authority in cases of defaults
(1) If the Authority, after holding a local enquiry or upon report from any of its officers on other information in its possession is satisfied that any amenity in relation to any land in development area has not been provided in relation to that land which in the opinion of the authority is to be provided, or that any development of the land for which permission, approval or sanction has been obtained under this Act has not been carried out, it may, after affording a reasonable opportunity to show-cause, serve upon the owner of the land or upon the person providing, or responsible for providing the amenity, a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.
(2) If any amenity is not provided or any such development is not carried out within the time specified in the notice, the Authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit:
Provided that before taking any action under this sub-section, the Authority shall afford reasonable opportunity to the owner of the land or to the person providing, or responsible for providing, the amenity to show-cause why such action should not be taken.
(3) All expenses incurred by the Authority or the agency employed by it in providing the amenities or carrying out the development together with interest at such rate as Government may by order fix from the date when a demand for the expenses is made until payment, may be recovered by the Authority from the owner or the person providing, or responsible for providing, the amenity as arrears of land revenue.
Section 33 Powers of the Authority to require local authority to assume responsibility for amenities in certain cases
Where any area has been developed by the authority, the Authority may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the Authority and that local authority; and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the Government in consultation with the local authority on a reference of the matter to the Government by the Authority.
Section 34 Control by Government
(1) The Authority shall carry out such directions as may be issued to it, from time to time, by the Government for the efficient administration of this Act.
(2) If, in, or in connection with, the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority and the Government, the decision of the Government thereon shall be final.
(3) The Government may, at any time either on its own motion 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 of any order passed or direction issued and may pass such order or issue such direction in relation thereto as they think fit:
Provided that the Government shall not pass an order adversely affecting any person without affording such person an opportunity of being heard.
(4) The Government may depute any officer to inspect or examine the office of the Authority, service, work or thing and to report thereon and any officer so deputed may for the purposes of such inspection or examination exercise the following powers--
(a) to call for any extract from any proceedings of the Authority or other committee constituted under this Act, record, correspondence, plan or other documents;
(b) to call for any return, estimates, statement of accounts or statistics;
(c) to call for any report;
Section 35 Returns and information
(1) The Authority shall furnish to the Government such reports, returns, records and other information as the Government may, from time to time, require.
(2) Without prejudice to the provisions of sub-section (1), the Government or any officer authorised by the Government in this behalf, may call for reports, returns, records and other information from the Authority or local authority in regard to the implementation of the Master Plan.
(3) Any person authorised by the Government or the officer referred to in sub-section (2) may enter into or upon any land with or without assistants or workmen for ascertaining whether provisions of the Master Plan or Zonal Development Plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan.
(4) No such entry shall be made except between the hours of 6 a.m. and without giving reasonable notice to the occupier, or if there be no occupier, to the land or building.
Section 36 Power of Government to transfer the Powers of the Councils, Panchayats, Zilla Parishads, etc. to the Authority
(1) Notwithstanding anything in any other law or regulation in force, where the Government consider expedient for the effective functioning of the Authority, they may, by notification, suspend any of the powers of local authority relating to the control on development and use of land and buildings under the Hyderabad Municipal Corporations Act, 1955; the Andhra Pradesh Municipalities Act, 1965, the Andhra Pradesh Gram Panchayats Act, 1964, the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 and transfer such powers to the Authority.
(2) Where such powers are transferred to the Authority, the Authority shall be deemed to be the local authority concerned; the Chairman of the Authority shall be deemed to be the Standing Committee of the Municipal Corporation or the Chairman of the Municipality or the Sarpanch of the Gram Panchayat or President of the Panchayat Samithi or Chairman of the Zilla Parishad as the case may be and the Vice-Chairman of the Authority shall be deemed to be the Executive Authority and the Authority shall strictly exercise the powers transferred to it under sub-section (1) within the area under the territorial jurisdiction of the local authority concerned.
(3) Where the jurisdiction of the Authority includes the areas in which the Andhra Pradesh (Andhra Area) Town Planning Act, 1920 is in force the Authority shall be the Municipal Council or the Town Planning Trust as the case may be to enforce the provisions of the said Act, and the Authority and its Chairman shall be deemed to be the Municipality and its Chairman or the Town Planning Trust and the Chairman of the Town Planning Trust, as the case may be and the provisions of the said Act shall stand modified accordingly.
Section 37 Replacement of members of the Authority in certain cases
If, in the opinion of the Government, the Chairman or Vice-Chairman of the Authority wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position, or the powers vested in him, or any member including the Chairman is found guilty of any misconduct in exercising or purporting to exercise the right conferred or performing or purporting to perform the functions imposed by or under this Act, the Government may by notification, and with effect from a date to be specified therein replace such Chairman, Vice-Chairman or any other member: and accordingly with effect from the said date the Chairman, Vice-Chairman or any member shall forthwith be deemed to have vacated his office as such:
Provided that the Government shall, when they propose to take action under section give the person concerned an opportunity of making presentation on the action proposed and the notification issued shall contain a statement of the reasons for the action taken.
Section 38 Power of Government to appoint a Special Officer
(1) Notwithstanding anything contained in this Act, where, for any reason, there is delay in the constitution or re-constitution of the Authority in accordance with the provisions of this Act, the Government may, by notification appoint a Special Officer to manage the affairs of the Authority under the Act, for a period which shall not exceed one year from the date of such appointment:
Provided that the Government may, from time to time, by notification in the Andhra Pradesh Gazette and for reasons specified therein extend the said period of appointment of Special Officer beyond one year, for a further period or periods, so however the period of appointment of the Special Officer shall not, in the aggregate exceed two years.
(2) Upon the publication of a notification under sub-section (1)- -
(i) all the powers and functions of the Authority of its Chairman and vice-Chairman shall, during the period specified in the notification under sub-section (1), be exercised and performed by the Special Officer; and
(ii) all property vested in the Authority shall, during the period specified the notification vest in the Government.
(3) The Government may reconstitute the Authority in the manner provided in this Act, before the expiry of the period notified under this section, and the Special Officer shall cease to manage the affairs of the Authority on such reconstitution.
CHAPTER 9 Art Commission
Section 39 Constitution of Art Commission for the State
(1) The Government may, by notification, constitute an Art Commission for the State, to be called "the Andhra Pradesh Urban Art Commission" which shall consist of a Chairman and such other members, representing among others, visual arts or architecture, Indian History or Archaeology and the environmental sciences, as they may appoint.
(2) It shall be the duty of the Art Commission to make recommendations to the Government as to--
(i) the restoration and conservation of urban design and of the environment in the development areas;
(ii) the planning and development of future urban design and of the environment;
(iii) the restoration and conservation of archaeological and historical sites and sites to high scenic beauty;
(iv) the grants, concessions and other modes of compensation for purchase or acquisition that should be made for the purpose by the Government or any Authority and the conditions subject to which such grants, concessions and compensation should be made; and
(v) any other matter referred to the Commission by the Government.
(3) The powers to be exercised and the functions to be performed and the procedure to be followed by the Art Commission shall be such as may be prescribed.
(4) The Government may, after considerations of the recommendations of the Art Commission and after giving an opportunity to the Authority or Authorities concerned to make any representation, issue such directions to the Authority or Authorities concerned as they may think fit, and the Authority or Authorities shall comply with every such direction of the Government.
CHAPTER 10 Inspection and Penalties
Section 40 Power of entry
The authority may authorise any person to enter into or upon any land or building with or without assistance or workmen for the purpose of--
(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
(b) examining works under construction and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making such levels, boundaries and lines by placing marks and cutting trenches;
(f) ascertaining whether any land is being or has been developed in contravention of the Master Plan, or Zonal Development Plan or without the permission referred to in Section 13 or in contravention of any condition subject to which such permission has been granted; or
(g) doing any other thing necessary for the efficient administration of this Act;
Provided that--
(i) no such entry shall be made except between the hours of 6 A.M and 6 P.M and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building;
(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land or building;
(iii) due regard shall always be had, so far as may be compatible with the exercise of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.
Section 41 Penalties
(1) 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 development of any land in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 13 or in contravention of any condition subject to which such permission, approval or sanction has been granted shall be punishable with fine which may extend to ten thousand rupees, and in the case of a continuing offence, with further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
(2) Any person who uses any land or building in contravention of the Provisions of Section 15 or in contravention of any terms and conditions determined by regulations under the proviso to that section shall be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence with further fine which army extend to two hundred and fifty rupees for every day during which such offence continues after conviction for the first commission of the offence.
(3) Any person who obstructs the entry of a person authorised under Section 40 to enter into or upon any land or building or molests such person after such entry, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
Section 42 Order of demolition of building
(1) Where any development has been commenced or is being carried on or has been completed in contravention, of the master plan or zonal development plan or without the permission, approval or sanction referred to in Section 13 in contravention of any condition subject to which such permission, approval or sanction has been granted--
(i) in relation to a development area, any officer of the Authority empowered by it in this behalf;
(ii) in relation to any other area within the local limits of a local authority, the competent authority thereof, may in addition to any prosecution that may be instituted under this Act, make an order directing that such development shall be removed by demolition, felling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period being not less than five days and not more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person as may be specified in the order; and on his failure to comply with the order, the officer of the Authority or, as the case may be, the competent authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue:
Provided that no such order shall be made unless the owner of the person concerned has been given a reasonable opportunity to show cause why the order should not be made.
(2) If any development in an area specified in sub-section (7) of Section 13 has been commenced or is being carried on or has been completed in contravention of the Master Plan or Zonal Development Plan or without the permission, approval or sanction referred to in Section 13 or in contravention of any condition subject to which permission, approval or sanction has been granted and the competent authority has failed to remove or cause to be removed the development within the time that may be specified in this behalf by the Director of Town Planning, the Director may, after observing such procedure as may be prescribed, direct any officer to remove or cause to be removed such development and that officer shall be bound to carry out such direction and any expenses of such removal may be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue.
(3) Any person aggrieved by an order under sub-section (1) may appeal to the Vice-Chairman of the Authority against that order within thirty days from the date thereof, and the Vice-Chairman may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order:
Provided that where the original order is passed by the Vice-Chairman himself the appeal shall lie to the Authority.
(4) Any person aggrieved by the direction of the Director under sub-section (2) may appeal to the Government within thirty days from the date thereof; and the Government may, after giving an opportunity of hearing to the person aggrieved, either allow or dismiss the appeal or may reverse or vary any part of the direction.
(5) The decision of the Vice-Chairman or the Authority or the Government and subject to any decision, on appeal the order under sub-section (1) or, as the case may be, the direction under sub-section (2), shall be final and shall not be questioned in any court of law.
(6) The provisions of this section shall be in addition to, and not in derogation of, any other provision relating to demolition of buildings contained in any other law for the time being in force.
(7) In this section, and in Section 43, Competent Authority' in relation to a local authority means any authority or officer of that local authority empowered or authorised to order demolition of buildings or stoppage of building operations contained in any other law for the time being in force.
Section 43 Power to stop unauthorised development
(1) Where any development in any area has been commenced in contravention of the provisions of Section 13 or without the permission, approval or sanction referred to in that section or in contravention of any condition subject to which such permission, approval or sanction has been granted--
(i) in relation to development area, the Authority or any officer of the authority empowered by it in this behalf;
(ii) in relation to any other area specified in sub-section (7) of Section 13 within the local limits of a local authority, the competent authority thereof, may in addition to any prosecution that may be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly.
(2) Where such development is not discontinued in pursuance of the order under sub-section (1), the Authority or the officer of the Authority or the competent authority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.
(3) If any development in an area specified in sub-section (7) of Section 13 has been commenced in contravention of the Master Plan or Zonal development plan or without the permission, approval or sanction referred to in Section 13 or in contravention of any condition subject to which such permission, approval or sanction has been granted and the competent authority has failed to make an order under sub-section (1) or, as the case may be, a requisition under sub-section (2) within the time that may be specified in this behalf by the Director of Town Planning, the Director may, after observing such procedure as may be prescribed, direct any officer to make the order or requisition as the case may be, and that officer shall be bound to carry out such direction; and the order or direction made by him in pursuance of the direction shall be complied with accordingly.
(4) After the requisition under sub-section (2) or sub-section (3) has been complied with, the Authority or the Competent Authority or the officer to whom the direction was issued by the Director under sub-section (3), as the case may be, may depute by a written order a police officer or employee of the Authority or local Authority concerned, to watch the place in order to ensure that the development is not continued.
(5) Any person failing to comply with an order under sub-section (1) or, as the case may be, under sub-section (3), shall be punished with fine which may extend to two hundred rupees for every day during which the non-compliance continues after the service of the order.
(6) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the removal of any development under Section 42 or other discontinuance of the development under this section.
(7) The provisions of this Section shall be in addition to, and not in derogation of any other provision relating to stoppage of building operations contained in any other law for the time being in force.
Section 44 Offences by companies
(1) If the person committing an offence under this Act is a company, every person, who, at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that the exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation For the purpose of this section--
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
Section 45 Fines when realised to be paid to Authority or local authority concerned
All fines realised in connection with prosecution under this Act shall be paid to the Authority or, as the case may be, the local authority concerned.
Section 46 Composition of offences
(1) Subject to such rules as may be prescribed any offence made punishable by or under this Act may, either before or after the institution of proceedings be compounded:-
(i) in the case of an offence referred to in sub-section (2) of Section 41, by the Director of Town Planning or any officer authorised by him in this behalf by a general or special order; and
(ii) in any other case, by the Authority, or as the case may be, the local authority concerned or any person authorised by the authority or such local authority by general or special order in this behalf.
(2) Where an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
Section 47 Members and officers to be public servants
Every member and every officer and other employee of the Authority shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Section 48 Jurisdiction of Courts
No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.
Section 49 Sanction of prosecution
(1) No prosecution for any offence punishable under this Act other than an offence referred to in sub-section (2) shall be instituted except with the previous sanction of the Authority or any officer authorised by the Authority.
(2) No prosecution for any offence for failure to comply with the order of the officer referred to in sub-section (3) of Section 43 and punishable under sub-section (5) of that section shall be instituted except with the previous sanction of the Director of Town Planning or any officer authorised by him in this behalf.
Section 50 Magistrate's power to impose enhanced penalties
Notwithstanding anything in Section 29 of the Code of Criminal Procedure, 1973, it shall be lawful for any Court of Magistrate of the first class to pass any sentence authorised by this Act in excess of its powers under the said section.
CHAPTER 11 Miscellaneous
Section 51 Service of notices etc.
(1) All notices, all orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served--
(a) where the person to be served is a company, if the document is addressed to the Secretary of the said company at its registered office or at its principal office or place of business and is either--
(i) sent by registered post; or
(ii) delivered at the registered office or at the principal office or place of business of the said company;
(b) where the person to be served is a partnership firm, if the document is addressed to the said partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either--
(i) sent by registered post; or
(ii) delivered at the place of business;
(c) where the person to be served is a public body or a corporation or society, other body, if the document is addressed to the Secretary, Treasurer to other Head Officer of that body, corporation or society at its principal office, and is either--
(i) sent by registered post; or
(ii) delivered at the said office;
(d) in any other case, if the document is addressed to the person to be served; and
(i) is given or tendered to him;
(ii) is sent by registered post to the person; or
(iii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within any development area or given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates.
(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed the owner' or the occupier' as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served--
(a) if the document so addressed is sent to be delivered in accordance with Clause (b) of sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed is delivered to any person on the land or building or where there is no person on the land or building to whom it can be delivered is affixed to some conspicuous part of the land or building;
(3) Where a document is served on partnership firm in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any property, the Secretary to the Authority may, by notice in writing require the occupier, if any, of the property to state the name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6) A servant is not a member of the family within the meaning of this section.
Section 52 Public notice how to be made known
Every public notice given under this Act, shall be in writing over the signature of the Secretary to the Authority or any other officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby affixing copies thereof inconspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the Secretary may think fit.
Section 53 Notices, etc. to fix reasonable time
Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice order or other document shall specify a reasonable time for doing the same.
Section 54 Authentication of orders and documents of the Authority
All permissions, decisions, orders, notices and other documents of the Authority be authenticated by the signature of the Secretary to the Authority or any other officer authorised by the Authority, in this behalf.
Section 55 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
Section 56 Power to delegate
(1) the Authority may, by notification direct that any power exercisable by it under this Act except the power to make regulations may also be exercised by such officers or local authority as may be mentioned therein, 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 them under this Act, except the power to make rules may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
(3) The Director of Town-Planning may by notification, direct that any power exercisable by him under this Act may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.
Section 57 Effect of other laws
(1) Nothing in this Act shall affect the operation of the Andhra Pradesh Slum Improvement (Acquisition of Land) Act, 1956.
(2) Save as otherwise provided in sub-section (6) of Section 42 or sub-section (7) of Section 43 or sub-section (1) of this section, the provision of this Act and the rules and regulations made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law.
(3) Notwithstanding anything in any other law--
(a) when permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason 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 such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained.
Section 58 Power to make rules
(1) The Government, after consultation with the Authority, may by notification, make rules to carry out the purposes of this Act:
Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section, but the Government shall take into consideration 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 power, such rules may provide for all or any of the following matters, namely:-
(a) the powers and functions of the Chairman and the Vice-Chairman;
(b) the salaries, allowances and conditions of service of the wholetime paid members of the Authority;
(c) the control and restrictions in relation to appointment of officers and other employees;
(d) the stages by which the development of any particular features of a zone may be carried out;
(e) the form and content of Master Plan or Zonal Development Plan, as the case may be, and the procedure to be followed in connection with the preparation, publication, submission and approval of such plan and the form, and the manner of publication, of the notice relating to any such plan in draft;
(f) the form and manner in which notice under sub-section (3) of Section 12 shall be published;
(g) the local inquiries and other hearing that may be held before a plan is approved;
(h) the fee to be paid on an application for permission under Section 14 and the factors and circumstances to be taken into consideration in determining such fee;
(i) the manner in which Government vacant lands shall be dealt with after development;
(j) the procedure to be followed by the Director of Town Planning under Section 42 or Section 43;
(k) The procedure for the levy of development charges and exemption from it on any development or institution or charge of any use of any land or building;
(l) the prescription of rates, calculation, assessment and collection of the development charges;
(m) the procedure for referring any matter to the Government under Section 33 for settlement of terms and conditions subject to which local authority may be required to assume responsibility for amenities in any area;
(n) the regulation of the procedure to be followed by the Tribunal and other matters relating thereto;
(o) the sum of money that may be kept in current account;
(p) the procedure to be followed for borrowing money by way of loans or debentures and their repayment;
(q) the form of the budget of the Authority and the manner of preparing the same;
(r) the form of the balance-sheet and statement of accounts;
(s) the form of the annual report and the date on or before which it shall be submitted to the Government;
(t) the manner of constitution of the pension and provident funds for whole-time paid members, and officers and other employees of the authority and the conditions subject to which such funds may be constituted;
(u) the powers and functions of, and the procedure to be followed by the Art Commission;
(v) any other matter which has to be, or may be made by rules.
(3) Every rule made under this section shall immediately after it is made, be laid before each House of 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, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, with effect from the date notified, have effect only such modified form or 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.
Section 59 Powers to make regulations
The Authority may, with the previous approval of the Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act and without prejudice to the generality of this power, such regulations may provide for--
(a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat;
(b) the summoning and holding of meeting of a committee constituted under sub-section (2) of Section 5, the time and place where such meetings are to be held, the conduct of business at such meetings, and the number of members necessary to form quorum thereat and the fees and allowances payable to the members for attending the meetings or any other works of the Authority;
(c) the powers and duties of the Secretary, Chief Accounts Officer, Town Planner, Engineer any other officers of the Authority;
(d) Omitted
(e) the procedure for the carrying out of the functions of Authority under Chapter III;
(f) the form in which any application for permission under Sections 13 and 14 shall be made and particulars to be furnished in such application;
(g) the terms and conditions subject to which user of lands and buildings in contravention of plans may be continued;
(h) the manner of communicating the ground of refusal of permission for development;
(i) the form of the register of applications for permission and the particulars to be contained in such registers;
(j) the management of the properties of the Authority;
(k) the time and manner of payment of development charges; and
(1) any other matter which has to be, or amy be determined by regulations.
(2) Until the Authority is constituted under this Act, any regulation which may be made under sub-section (1) may be made by the Government; and any regulation so made may be altered or rescinded by the Authority in exercise of its powers under sub-section (1).
Section 60 Dissolution of the Authority
(1) Where the Government are satisfied that the purposes for which an Authority is constituted under this 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 realisable by the Authority shall vest in, or be realisable 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 purpose of carrying out any development which has not been fully carried out by the Authorities and for the purpose of realising properties, funds and dues referred to in clause (a) the functions of the Authority shall be discharged by the Government; Repeal and SavingsAs from the date of the constitution of the Authority for the urban area comprised in the Municipal Corporation of Hyderabad--
(a) the provisions of Chapter XIII of the Hyderabad Municipal Corporations Act, 1955, shall stand repealed;
(b) anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, bye- law, regulation or form made, 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.
RULE:
URBAN DEVELOPMENT AUTHORITY (HYDERABAD) RULES, 1977
In exercise of the powers conferred by sub-section (1) of Section 58 of the Andhra Pradesh Urban Areas (Development) Act, 1975), the Governor of Andhra Pradesh hereby makes the following rules, namely
Rule 1 Short title, commencement and application
(a) These rules may be called the Urban Development Authority (Hyderabad) Rules, 1977.
(b) They shall come into force with effect from the date of publication of these rules in the Andhra Pradesh Gazette.
(c) They shall apply to the Development areas as notified under sub-section (1) of Section 13 of the Andhra Pradesh Urban Areas (Development) Act, 1975.
Rule 2 Definitions
In these rules, unless the context otherwise requires
(a) 'Act' means, the Andhra Pradesh Urban Areas (Development) Act, 1975;
(b) 'Authority' means, the Urban Development Authority for the Hyderabad Development Area constituted under sub-section (1) of Section 3 of the Act;
(c) 'Commerce' means carrying on any trade or business, sale or exchange of goods of any type whatsoever, and includes the running, with a view to make profit, of hospitals, nursing homes, infirmaries and educational Institutions, and running of eating and lodging houses, and sara is not attached to any educational institution, and the word Commercial' shall be construed accordingly;
(d) 'Commercial use' in relation to land and building includes the use of such land or building or a part thereof for storage of goods, or as an office in connection with commerce and for other purposes of commerce;
(e) 'form' means the form appended to these rules;
(f) 'Fund of the Authority' means and includes all moneys received in any manner on behalf of the Authority for the time being or held by the Authority in cash on hand or in Bank, or funds in the name of the Urban Development Authority;
(g) 'industrial use' includes use of any land or building or part thereof for purpose of industry;
(h) 'industry' includes the carrying on of any manufacturing process as defined in the Factories Act, 1948 (Central Act 63 of 1948), and the word industrial' shall be construed accordingly;
(i) 'plan' means the Master Plan or Zonal Development Plan prepared under the provisions of the Act;
(j) 'prescribed' means prescribed by regulations made by the Authority under the Act;
(k) 'Regulation' means a regulation made under the Act by the Authority and includes zoning and other regulation made as part of a plan.
(l) 'Vice-Chairman' means the Vice-Chairman of the Urban Development Authority, Hyderabad, or the acting Vice-Chairman of the authority;
(m) 'year' means the financial year beginning with the 1st of April, and ending with the 31st March following The words used but not defined in these rules shall have the meaning assigned to them in the Act.
Rule 2A
The terms of office of the members including the Chairman, who are appointed or nominated as the case may be, under sub-section (3) of Section 3 of Andhra Pradesh Urban Areas (Development) Act, 1975, shall be one year initially from the date of such appointment or nomination, which may be extended by the Government from time to time.
Rule 3 Powers and Functions of the Chairman and Vice-Chairman
(1) The Chairman shall be member and Chairman of all committees or sub-committees and in the absence of the Chairman, Vice-Chairman shall so preside In case of equality of votes, the Chairman or Vice-Chairman, whosoever presides shall have a casting vote in all the meetings of the Authority or its committees or sub-committees.
(2) In the absence of the Vice-Chairman on account of leave or any other cause, the Chairman may, in exercise of the powers under Section 4(1) of the Act, delegate the powers and functions of the Vice-Chairman to such other office of the Authority or may himself assume the said functions till the Vice-Chairman joins duty or till the Government make alternative arrangements.
(3) The Chairman shall have overall supervision over the affairs of the Authority; and Vice-Chairman shall, subject to the overall supervision of the Chairman, exercise all the executive functions of the Authority.
Rule 4 Conditions of Service of Chairman and Vice-Chairman
(1) Chairman;
(i) When a Chairman is appointed on payment of remuneration, he/she shall be paid such salary and allowances as may be determined by the Government.
(ii) The Chairman shall not undertake any work unconnected with his/her office without the prior sanction of the Government.
(iii) If the Chairman is in the service of the Government, the Authority shall make such contribution towards his/her leave, allowances, pension and provident fund of the Chairman, as may be determined by the Government If the Chairman is not in the service of the Government, the conditions of service of the Chairman in regard to leave, provident fund, discipline and conduct shall be regulated by the Government.
(2) Vice-Chairman
(i) The Vice-Chairman shall not engage, his term of office, in any paid employment outside the duties of his office, without the prior sanction of the Government.
(ii) The Government may, from time to time grant leave of absence to the Vice-Chairman for such period as they deem fit.
(iii) The emoluments to be paid to the Vice-Chairman during his leave of absence shall not exceed his last drawn pay or remuneration The details of the emoluments payable shall be laid down in the regulations, consistent with the Act and rules made thereunder under Section 59 of the Act.
(iv) Any person appointed as acting Vice-Chairman shall be paid such extra allowances as may prescribed He shall exercise the powers conferred and perform the functions imposed on the Vice-Chairman by or under the Act and shall be subject to the same liabilities, restrictions and conditions as the Vice-Chairman.
(v) When the Vice-Chairman is granted leave of absence, the Authority may make additional charge arrangement by an officer of the Authority to act as Vice-Chairman in his place during the period of leave granted:
Provided that the Vice-Chairman may nominate an officer of the Authority to hold charge of the post of Vice-Chairman In case it is not practicable to obtain the prior approval of the Authority, such additional charge arrangement shall be subject to ratification by the Authority.
Rule 5 Disqualifications for membership
(1) A person other than a person appointed as a member by virtue of his office, shall be disqualified for being chosen as, or for being a member of the Authority
(i) if he holds any office of profit under the Authority; or
(ii) if he is of unsound mind and stands so declared by a competent court; or
(iii) if he is an undischarged insolvent; or
(iv) if he has been convicted by a Criminal Court of an offence involving moral turpitude punishable with imprisonment for a period exceeding six months.
(2) If any member of the Authority other than a person appointed as a member virtue of his office, during the terms for which he has been appointed or nominated shall be disqualified for being a member of the Authority
(i) if he becomes subjected to any disqualification specified in Rule 6; or
(ii) if he votes or takes part as a member in the discussion of any matter--
(a) in which he has directly or indirectly by himself or his partner, any share or interest, irrespective of the value of such share or interest; or
(b) where he is professionally interested; or
(c) where he is engaged at the time in any proceeding against the Authority.
(3) The Government either suo motu or on a report made to them and after giving a reasonable opportunity to the member concerned to represent his case, shall, on being satisfied that a vacancy has arisen under sub-rule (2) of Rule 5 declare the seat of the person concerned to be vacant.
Rule 6 Attendance at meetings of the Authority
(1) The quorum for meetings of the Authority shall be one-third of the number of members of the Authority or five, whichever is less.
(2) Every member of the Authority is expected to attend every meeting, unless prevented from doing so due to unavoidable reasons.
(3) The Authority may permit any member other than the Vice-Chairman or acting Vice-Chairman to absent himself from meetings of the Authority for bona fide reasons to be recorded, while granting such permission.
(4) If any member absents himself for three executive meetings over a period of three months, without being permitted to do so by the authority he shall cease to be a member of the Authority:
Provided that any such member may be restored to membership of the Authority by resolution of the authority for reasons to be recorded.
Rule 7 Minimum number of members required for enabling the authority to function
In case the Government do not find it possible to nominate all the members of the Authority as prescribed in sub-section (3) of Section 3 of the Act, or to fill casual vacancies which may have arisen, the Authority may still function, provided there are at least five members of the Authority at the time of the meeting.
Rule 8 Filling of casual vacancies
Any casual vacancy in the composition of the Authority shall be filled by nomination or appointment by the Government in the manner provided in sub-section (2) of Section 3 of the Act, within two months from the date of such vacancy, or as soon as possible, thereafter Any person so appointed to fill a vacancy shall hold office for the remainder of the term of the member in whose place he is appointed or nominated.
Rule 9 Powers of the Authority in relation to creation of posts, appointment of officers and other employees and incurring of non-recurring expenditure
(1) The posts of Secretary, Chief Accounts Officer, Town Planner and Engineer shall be filled by such persons as may be selected by the Authority with the prior approval of the Government.
(2) The Authority may create such posts as it considers necessary for the efficient performance of its functions and may abolish any posts so created:
Provided that the scales of pay and allowances of all the posts in the Authority shall be fixed by the Authority only with the concurrence of the Government, that for the creation of and appointments to posts the minimum of the scale of which is above is Rs.430 p.m the Authority shall obtain the prior sanction of the Government.
(3) Appointment to the posts under the Authority, whether part-time or full time, shall be governed by the recruitment rules to be made by the Authority with the previous approval of the Government.
(4) The Authority shall not incur any non-recurring expenditure exceeding Rs.2.5 lakhs (Rupees two lakhs and fifty thousand) in each case without the previous sanction of the Government, even if provision is made for such expenditure in the approved budget of the Authority.
Rule 10 The stages by which the development of any particular feature of a zone may be carried out
As soon as possible after the preparation of the Zonal Development Plan under Section 7, the Authority shall fix priorities for development of the planning zone, the agency or agencies which shall be responsible for the development of the planning zone, and the order or stage in which the development should take place.
Rule 11 Procedure for preparation of present Land Use Map
(1) The civic survey to be carried out by the Authority under sub-section (1) of Section 6 of the Act may include survey and analysis of the Hyderabad Development area and its vicinity areas with reference to physical and socio-economic aspects.
(2) As soon as may be, the authority shall prepare a present Land Use Map and a Land Use Register in the form prescribed below indicating the present use of every piece of land in the development area Sl.No.
Name of ward
locality Block No.
Street
Survey No.
Nature of use
Approximate extent of land
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Rule 12 Procedure for preparation and publication of Master Plan
(1) As soon as may be, after the declaration of the development area, the Authority shall prepare a Master Plan for the development area or any part thereof.
(2) The Master Plan shall
(i) indicate broadly the manner in which the lands covered under development area are proposed to be used;
(ii) allocate areas or zones of land--
(a) for residential, commercial, industrial and agricultural use or purposes;
(b) for public and semi-public open spaces, parks and playgrounds;
(c) for such other purposes as the Authority may think fit;
(iii) indicate, define and provide for--
(a) the proposed National Highways, arterial roads, ring roads and major sheets;
(b) other proposed lines of communication including railways, tramways, airports and canals;
(c) such other items, and purposes as the Authority may think fit.
(3) Any such plan shall include such maps and descriptive matter as may be necessary to explain and illustrate the proposals in the Master Plan and shall include a present Land Use Map referred to in Rule 12 above.
(4) Soon after the preparation of the draft (Master) Plan for the development area or any part thereof, the Authority shall publish a notice in Form No.1 appended to these rules in a prominent place in atleast three local daily newspapers inviting objections and suggestions allowing a period not less than 15 days from any person or local authority The said notice shall also indicate the place and time where copies of the draft Master Plan may be inspected; Any person residing or owning property within the inspected area or local Authority operating within the affected area will be entitled to represent in writing to the Authority any objections and suggestions which they may have in regard to the Land Use Map or the draft Master Plan.
(5) After expiry of the said period, the Authority shall prepare a list of objections and suggestions in Form No.11 appended to these rules, to consider the representations so made within the time specified and any other information available to it, and finalise the present Land Use Map and the draft Master Plan as it thinks fit.
(6) the Authority will then submit the Land Use Map and the draft Master Plan to the Government, as required under Section 9 of the Act for their final approval.
(7) After the Government's approval, the Authority shall publish a notice in a prominent place in atleast three local daily news papers indicating the fact of the final approval of the Land Use Map and the Master Plan and the place (s) and time (s) where a copy of each of the said Land Use Map and the Master Plan can be inspected.
(8) A Land Use Map and Master Plan published by the Authority under Section 10 of the Act shall be conclusive proof of their having been duly made and approved Such Land Use Map and Master Plan shall have effect from the date of publication of such notice and be conclusive proof of their contents The execution of the plan shall be commenced forthwith.
Rule 13 Modifications to the Master Plan
(1) In case the Authority desires to make any modification in the Land Use Map or Master Plan under sub-section (1) of Section 12 of the Act, a public notice shall be issued in a prominent place in atleast three local Telugu, Urdu and English newspapers by the Authority.
(2) The Authority shall invite, in Form No.III appended to these rules objections and suggestions to be given in Form No.IV appended to these rules from any person or local authority affected directly or indirectly with respect to the Master Plan Land Use Map proposed to be modified.
(3) Soon after the objections and suggestions are received by the Authority, the Authority shall conduct local enquiries and other hearings, if necessary, and given an opportunity to the person affected (whether directly or otherwise) to be held on a specified date or dates before the modifications are finally approved.
Rule 13A Modifications to the Master Plan by the Government
(1) In case the Government desire to make any modification to the Master Plan under sub-section (2) of Section 12 of the Act, a notification shall after consultation with the authority be published in the Andhra Pradesh Gazette in such form as the Government may deem fit inviting objections and suggestions from any person or local authority affected directly or indirectly with respect to the Master Plan proposed to be modified giving fifteen days time for the receipt of such objections and suggestions.
(2) Soon after the objections and suggestions are received by the Government, the Government may, if necessary, have local enquiries conducted and give an opportunity to the persons affected to state their objections before the modifications are approved and published in the Andhra Pradesh Gazette.
Rule 14 Procedure for preparation and notification of Zonal Development Plans
The Procedure laid down in Rules 12 and 13 for the preparation, approval and publication of the draft Master Plan modifications, thereto, shall also be applicable in respect of the preparation, approval and publication of the draft Zonal Development Plan and the modifications thereto.
Rule 15 Fee payable on application for permission of the Development of land
(1) No application for permission under Section 14 (except under the proviso to sub-section (2) of Section 14 of the Act shall be deemed valid unless the person giving an application has paid to the Authority, in advance the fees determined by the Authority from time to time for the grant of permission, and a receipt in token of payment of such fee is attached to the application.
(2) The factors and circumstances to be taken into consideration in determining such fee shall be prescribed by regulations made under the Act from time to time.
(3) Any Government vacant lands which have been developed by the Authority or by any local authority under Chapter V of the Act may be handed over for maintenance either to the local authority concerned or to some other organisation or body The said local authority or other organisation or body shall maintain the said lands in accordance with the Master Plan, and the directions of the Authority The detailed terms and conditions on which the land shall be maintained shall be as prescribed (by the Authority) from time to time.
(4) Where in the opinion of the Authority or Director of Town Planning, any development has been carried out contrary to the Master Plan or the Zonal Development Plan and attracts the provisions of Section 42 (1) (i) or (ii) of the Act, the Authority may call for the records and reports of the respective local Authority or other organisation or body Where either the Authority or the Director of Town Planning has sufficient reason to believe, after examining such records as may be available that unauthorised developments taking place within their respective jurisdiction in the development area or the vicinity area which require immediate stoppage, they may direct the local authority or any officer of the local authority to take immediate action to stop the unauthorised development with immediate effect.
(5) Any person who intends to develop or change any use of any land or building under the provisions of the Act shall, along with the application for permission on a prescribed form, pay the development charges levied at the rates specified in the Table under sub-rule (6) of this rule to the Authority, or to the local authority if powers have been delegated to the latter by the Authority under Section 56 of the Act:
Provided that such development charges shall be levied only with effect from such date as the Government may by notification specify in that behalf.
(6) The rates of development charges levied under Section 28 of the Act shall be calculated and assessed so as not to exceed the rates prescribed in the Table hereunder in different parts of the development area for different uses.
TABLE
For Change of land use or institution of use
Inside the core area
within the proposed
loop road and central
business area of Hyderabad and Secunderabad Within urbanisable
limits outside to loop road (area within the inner ring road).
Outside the inner ring road and the area without the development area
Per Sq. Mtr. of land
Per Sq.Mtr. of built up space
Per Sq. Mtr. of lands
Per sq. Mtr.
Per Sq.Mtr. of land
Per Sq. built up space
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Vacant to residential
2.5
7
2
6
1
3
Vacant to commercial
4
10
4
10
4
10
Vacant to Industrial
4
10
4
--
4
10
Vacant to Miscellaneous
--
--
--
10
1
3
Change of Use :
Agricultural to Residential
2.5
7
2
6
4
10
Agricultural to Commercial
4
10
4
10
--
--
Agricultural to Industrial
4
10
4
10
4
10
Agricultural to Miscellaneous
--
--
--
--
1
--
Residential to Commercial
4
10
4
10
4
10
Residential to Industrial
4
10
4
10
4
3
Commercial to Industrial
4
10
4
3
2
3
Commercial to Residential
2.5
6
2.5
7
2
6
Industrial to Commercial
4
10
4
10
4
10
Industrial to Residential
2
3
2
3
1
3
Miscellaneous to Residential
2
3
2
3
1
3
Miscellaneous to Commercial
4
10
4
10
4
10
Commercial to Miscellaneous
2
3
2
3
2
3
Residential to Commercial
4
10
4
10
4
10
Industrial to Miscellaneous
2
3
2
3
1
3
Miscellaneous to Industrial
4
10
4
10
4
10
Exemptions Residential houses for weaker sections of the society on plots with an area of 80 Sqydsor less, or houses having 260 sftor less are exempt from payments of the fee.
(7)
(i) The Authority may, as and when the developments are completed call upon the local authority to assume responsibility for maintenance of amenities which have been provided by the Authority such as roads, water supply and sewage The Authority may also develop or require to be developed by the local authority amenities such as parks, play fields, community halls, local shopping centres, etc., on terms and conditions to be settled by the Government in consultation with the local authorities and the Authority.
(ii) The authority may; if it considers necessary, entrust the development of any scheme or part thereof and maintenance of the amenities provided therein to any organisation or body on such terms and conditions as it deems fit.
(iii) In case of non-response from the local authority or other organisation or body to which the work has been entrusted in a reasonable period not exceeding three months, the Authority or the Government may at its instance take such steps as may be necessary to direct the local authority or other organisation or body to take up the work without delay.
Rule 16 Maintenance of Bank Accounts
(1) There shall be kept in a current account with any State owned Bank to be opened in the name of the "Vice-Chairman Urban Development Authority, Hyderabad" such sum of money out of the Fund of the Authority as shall not ordinarily exceed rupees five lakhs at any one time.
(2) The Accounts shall be operated upon either by the Vice- Chairman or by any two whole time paid officers of the Authority, who may be nominated by the Vice-Chairman from time to time.
(3) Any sum of money in the Fund of the Authority as it found surplus to the requirements, on a reasonable forecast over the sum referred to sub-rule (1) shall be invested by the Vice- Chairman (or any officer of the Authority, authorised by the Vice-Chairman in this behalf) in such manner as the Authority may think fit.
Rule 17 Form of the Budget of the Authority and annual report and the manner of the preparing the same
The Budget Estimates and the Annual Reports of the Authority shall be prepared in such form as is considered appropriate by the Authority till such time as a separate manual indicating the procedure to be followed for preparing the Budget estimates and Annual report is finalised
Provided that the manual shall be submitted to the Government for approval within a period of one year from the date of which these rules come into force.
APPENDIX 1 APPENDIX
Form 1 FORM
FORM
FORM No-1
[See Rule 12(4)]
The Draft Land Use Map prepared by the Urban Development Authority, Hyderabad a copy of which is attached hereto for the area described in Schedule below, is hereby published.
(2) The map depicting various land uses may be inspected without charge during office hours at the office of Urban Development Authority.
Any person affected by the Land Use Map may communicate in writing to the Vice-Chairman, Urban Development Authority, Hyderabad the objection relating thereto.
Urban Development Authority, Hyderabad.
Dated:
SCHEDULE
(Here describe the boundary area of the Plan)
Urban Development Authority, Hyderabad
Form 2 FORM
FORM
FORM - II
[See Rule 12(5)]
List of objections received regarding the Draft Land Use Map
Sl.No. Date of receipt Name of person making objections Nature of objection and suggestions Recommendation of the Vice-Chairman Orders of the Authority Remarks (1) (2) (3) (4) (5) (6) (7)
Form 3 FORM
FORM
FORM - III
[See Rule 13(2)]
In exercise of the powers conferred by Section 12 of the Andhra Pradesh Urban Areas (Development) Act, 1975 the Urban Development Authority, Hyderabad hereby modifies the Master Plan as indicated below:
Master Plan proposals as approved Modification suggested Reasons for modifications (1) (2) (3)
Form 4 FORM
FORM
FORM - IV
[See Rule 13(2)]
Master Plan proposals Modification suggested Reasons for modification Name & Address of the party Nature of objection Signature (1) (2) (3) (4) (5) (6)
URBAN DEVELOPMENT AUTHORITY, HYDERABAD (CONSTITUTION OF COMMITTEES) RULES, 1979
In exercise of the powers conferred by sub-section (1) of Section 58 read with sub-section (2) of Section 5 of the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act I of 1975) the Governor of Andhra Pradesh hereby makes the following Rules, namely
Rule 1 Short title and commencement and application
(1) These rules may be called the Urban Development Authority, Hyderabad (Constitution of Committees) Rules, 1979.
(2) They shall come into force with effect from the date of publication of these rules in the Andhra Pradesh Gazette.
(3) They shall apply to the Committees constituted by the urban Development Authority for the Hyderabad Development area constituted under sub-section (1) of Section 3 of the Act.
Rule 2 Definitions
In these rules, unless the context otherwise requires :
(a) 'Act' means the Andhra Pradesh Urban Area (Development) Act, 1975.
(b) 'Authority' means the Hyderabad Urban Development Authority constituted under sub-section (1) of Section 3 of the Act;
(c) 'Committee' means the Committee constituted by Hyderabad Urban Development Authority under sub-section (2) of Section 5 of the Act;
(d) 'Member' means a person appointed under clauses (c), (d), (e), (f), (g), and (h), of sub-section (3) of Section 3 of the Act.
Rule 3 Constitution of the Committees
The authority may for the purpose of efficient performance of its functions divide the development area into three zones and constitute a committee for each such zone.
Rule 4 Number of Members on each Committee
Each such committee shall consist of the following members, namely
(a) the Chairman, Hyderabad Urban Development Authority.
(b) the Vice-Chairman, Hyderabad Urban Development Authority
(c) any two members nominated by the Authority from out of its members nominated under clauses (e), (d), and (h) of sub-section (3) of Section 3 of the Act.
(d) any one of the members nominated by the authority from out it members nominated under Clauses (e), (f) and (g) of sub-section (3) of Section 3 of the Act.
Rule 5 Powers of the Committee
Each Committee shall be competent to discuss all or any of the proposals for the development of its zone for the development area and also watch the progress and implementation of works and schemes of the Authority in respect of the same and submit its recommendations of reports to the Authority for its decision.
ANDHRA PRADESH URBAN ART COMMISSION RULES, 1978
In exercise of the powers conferred by Section 58 read with sub-section (3) of Section 39 of the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975), the Governor of Andhra Pradesh hereby makes the following rules, namely
Rule 1 Short title
These rules may be called the Andhra Pradesh Urban Art Commission Rules, 1978.
Rule 2 Definitions
(1) In these rules, unless, the context otherwise requires,--
(a) 'Act' means the Andhra Pradesh Urban Areas (Development) Act, 1975;
(b) 'Commission' means the Andhra Pradesh Urban Art Commission constituted under sub-section (1) of Section 39 of the Act;
(c) 'member' means a member of the Commission and includes its Chairman.
(2) The words and expression used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in that Act.
Rule 3 Term of office of members and their resignation etc.
(1)
(a) A member of the Commission shall, unless his appointment is terminated earlier by the Government, hold office for a period of three years, from the date of his appointment.
(b) He may resign his membership by writing under his hand addressed to the Government, but he shall continue in office until his resignation is accepted by the State Government.
(2) A person who holds or who had held office as Chairman or a member of the Commission shall be eligible for reappointment.
(3) A member other than an ex-officio member who has absented himself from three consecutive meetings shall cease to be a member The absence of ex-officio members from three consecutive meetings shall be brought to the notice of the Government.
(4) A casual vacancy shall be filled by the Government by appointment of another member for the remaining term.
(5) Subject to the foregoing provisions the other terms and conditions of appointment of the Chairman and other members shall be such as may be determined by the Government, from time to time.
Rule 4 Meetings of the Commission
(1) The Commission shall meet at such times places and shall observe such procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be determined by it.
(2) The Chairman or in his absence any member of the Commission chosen by the members present from among themselves, shall preside at a meeting of the Commission.
(3) A copy of the proceeding of the meetings of the Commission shall be forwarded to the Government.
Rule 5 Acts of commission
No act or proceedings of the Commission shall be deemed to be invalid by reason only of any vacancy or any defect in the constitution of the Commission.
Rule 6 Appointment of staff of Commission
The Government may appoint such staff as they may think necessary for the efficient performance of the functions of the Commission.
Rule 7 Decision of the Commission
All decisions of the Commission shall be authenticated by the signature of officer of the Commission duly authorised by it in that behalf.
Rule 8 Powers and functions of the Commission
(1) It shall be the general duty of the Commission to advise the Government, the local authorities and other authorities concerned through Government in the matter of preserving, developing, and maintaining the aesthetic quality of Urban design and of the environment within the development area in respect of the following matters, namely:-
(a) Restoration and conservation of Urban design and of the environment in the development areas covering the following:-
(i) parks, trees and landscape;
(ii) height of the buildings, control of skyline, colour schemes and general elevation control;
(iii) water sheets, water courses, rock formations, etc;
(iv) maintenance of buildings;
(v) any other matter falling in this category.
(b) Planning and development of future urban design and of the environment covering the following:-
(i) major streets and roads and their inter-sections and the building facades;
(ii) street furniture, statutes, memorials, sign boards, bill boards, boardings, etc.,
(iii) bridges, towers (wireless and television etc:) Chimneys, power houses, etc;
(iv) major buildings and housing schemes of all Government, Public and private bodies individuals and firms;
(v) civic centres, district centres and civic-cum-commercial centres;
(vi) any other matter falling in this category;
(c) Restoration and conservation of archaeological and historical sites of scenic beauty covering the following:-
(i) all protected monuments, under the control of the Central or State Archaeological Departments;
(ii) any other monument or a group of monuments or historical buildings and the areas in their vicinity which the Commission may consider worthy of conservation.
(iii) any other site importance or sites of high scenic beauty which the Commission may delienate;
(iv) identification of buildings and monuments which require special care for preservation, examination of the existing Master Plan for the cities of Hyderabad and Secunderabad and to make suggestions for re-classification of land use, prescribing zones which require particular attention by way of preservation of open space, recreational areas, etc examining building bye-laws of the M.C.Hand suggesting changes, if any, in the floor space, index open space, etc., prescribed in the bye-laws and suggesting the height of buildings that could be permitted in different parts of the cities of Hyderabad and Secunderabad in order to preserve the skyline;
(v) any other matter referred to the Commission by the Government.
(2) The Commission may recommend to the Government to delineate specific areas within the development areas, which, according to the Commission, need special attention in regard to matters relating to restoration, preservation and conservation or beautification.
(3) While permitting any new development or alteration or addition in the conservation areas, the local body or other authority concerned shall send a copy of the approved plan to the Commission in order to keep it informed of such development.
(4) The Commission shall prepare three dimensional guidelines in respect of conservation areas or such other areas as the Government may desire Such guidelines shall be incorporated by the Authority or the Planning Agency concerned in the Zonal Development Plans to be prepared under the Act, and shall thereafter be notified by the Government.
Rule 9 Funds
(1) The Commission shall maintain an Urban Art Commission Fund' to which all moneys received by the Commission from Government or other authorities or persons by way of grants, loans, donations or otherwise shall be credited.
(2) The fund specified in Rule 9 shall be applied towards meeting the expenses incurred by the Commission in discharge of its duties and functions under the Act and these rules and not for any other purpose.
(3) The Commission may keep such sum of money out of its fund as it may deem fit in deposit in any of the Scheduled Banks and any money in excess of the said sum may be invested in such manner as it may think fit.
Rule 10 Budget
The Commission shall prepare a budget' in respect of each financial year showing the estimated receipts and expenditure of the Commission and forward it to the Government for approval by the 15th January of the year preceding the financial year.
Rule 11 Annual report
The Commission shall prepare every year an annual report giving a true and full account of its activities during the previous year and submit the said report to the Government within three months of the close of the financial year.
Rule 12 Furnishing of returns, etc.
The Commission shall furnish to the Government such returns or other information with respect to its activities as the Government may, from time to time, require.
Rule 13 Accounts and Audit
(1) The Commission shall maintain proper accounts and other relevant records and prepare, an annual statement of accounts including a Balance Sheet in such form as may be specified by the Government.
(2) The accounts of the Commission shall be subject to annual audit by such person as may be appointed by the Government and any expenditure incurred by that person in connection with such audit shall be payable by the Commission.
(3) The person so appointed or any other person authorised by him in connection with the audit of the accounts shall have the same right, privilege and authority in connection with such audit as the Accountant General has, in connection with the audit of government accounts.
(4) The accounts as certified by the person so appointed or any other person authorised by him in that behalf together with the audit report thereon shall be forwarded annually to the Government.
Rule 14 Delegation
The Commission may, by general or special order in writing delegate to the Chairman or any other member subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions as it may deem necessary for the efficient running of the day-to-day administration of the Commission.
REGULATION:
HYDERABAD URBAN DEVELOPMENT AUTHORITY ZONING REGULATIONS, 1981
In exercise of the powers conferred by sub-section (1) of Section 59 of the Andhra Pradesh Urban Areas Development) Act, 1975 (Act 1 of 1975), the Hyderabad Urban Development Authority with the previous approval of the Government, in supersession of Statement No.II Zoning Regulations upon Annexure-C approved in G.O.Ms.No. 414, Municipal Administration, dated 27th September 1975, hereby makes the following Regulations; namely
Regulation 1 Short title, extent and commencement
1.1 These zoning regulations may be called the Zoning Regulations of Hyderabad Development Area, 1981.
1.2. They shall apply initially to all development works within the limits of Municipal Corporation of Hyderabad and may be extended to other areas within the development area from time to time.
1. 3. They shall be read with the building bye-laws issued under Section 586 of the Hyderabad Municipal Corporation Act, 1955. All regulations and bye-laws or parts thereof which may be in conflict with these regulations will be invalid to the extent they are so inconsistent, with effect from the date from which these regulations come into force.
Regulation 2 Definitions
2.0. General 2.0.1 In these regulations, unless the context otherwise requires the following definitions shall have the meaning indicated against each of them.
2.0.2. Words and expressions not defined in these regulations shall have the meanings assigned to them in the Hyderabad Municipal Corporation Act, 1955 and the Andhra Pradesh Urban Areas (Development) Act, 1975.
2.1. "Accessory Building" means a building separated from the main building on a plot and containing one or more accessory uses.
2.2 "Accessory Use" means any use of the premises subordinate to the principal use and customarily incidental to the principal use.
2.3 "Act" means the Andhra Pradesh Urban Areas (Development) Act, 1975.
2.4 "Authority having Jurisdiction" means the Authority which has been created by a statute and which for the purpose of administering the Zoning Regulations shall be the Hyderabad Urban Development Authority.
2.5. "Building" means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandahs, balcony, cornice or projection part of a building or anything affixed thereto or any well enclosing or intended to enclose any land or space and signs and outdoor display structures. Temporary structures for public purpose such as fairs, exhibitions, etc., in the form of tents, shamianass and tarpaulin shelters, erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as building.
2.6 " Building Height of" means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the highest point of the building adjacent to the street wall and in the case of pitched roofs, upto to the point where the external surface of the outer wall intersects the finished surface of sloping roof, and in the case of gables facing the road, the mid-point between the eaves level and the ridge. Architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights.
2.7. "Building line" means the line upto which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the line prescribed, if any, in any scheme and/or development plan. The building line may change from time to time as decided by the Authority.
2.8 "Clean Industry" means industries which do not throw out any smoke, noise, offensive odour or harmful industrial wastes and employing not more than 40 workers with/without power.
2.9 "Congested Area" means the areas notified by the Commissioner Municipal Corporation of Hyderabad from time to time in consultation with B.D.A. with prior approval of the Government.
2.10. "Covered Area" means ground area covered immediately above the plinth level by the building but does not include the area covered by compound wall, gate, cantilevered porch, portico, slide swing, uncovered stair case, chajjas and the like.
2.11. "Detached building" means a building whose walls are independent of any other building with open spaces on all sides as specified.
2.12. "Development" with grammatical variations means the carrying out of building engineering mining or other operations in, or over, or under land or water, or the making of any material change, in any building or land, or in the use of any building or land, and includes re-development and layout and sub-division of any land and "to develop" shall be construed accordingly.
2.13. "Dwelling" means a building or a portion thereof which is designed or used wholly or principally for residential purposes. This shall not include boarding or rooming houses, tents, tourist camps, hotels or other structures designed or used primarily for transient residents.
2.14 "Customary home occupation" means occupation conducted only by persons residing in the dwelling, the area for such use not exceeding 25% of the total floor area of the dwelling and without any public display of goods.
2.15 "Floor" means the lower surface in a storey in a building. The general term floor unless otherwise specifically mentioned shall not refer to a mazzanine floor.
2.16 "Floor Area Ratio (F.A.R) means the quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot.
Total covered areas on all floors
F.A.R. =_____________________________________________plot area
2.17. "Garage, Private" means a building or portion thereof designed and used for parking of private owned motor driven or other vehicles.
2.18. "Garage Public" means a building or portion thereof designed other than a private garage, operated for gain designed or used for repairing, servicing, hiring, selling or storing or parking motor driven or other vehicles.
2.19. "Group Housing" means the development of housing on a minimum plot size of 1000 sq. mtrs. and a covered area of not more than 50 per cent subject to density not exceeding, as given in the Regulations the type of development could be in one or more blocks.
2.20 "Habitable Room" means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen (if it is used as a living room), but not including bathrooms, watercloset compartments, laundries serving and storage pantries, corridors, cellars, attics and spaces that are not used frequently or during extended periods.
2.21 "Licensed Town Planner/Architect/Engineer/Structural/Engineer Supervisor" means a qualified town planner, architect, engineer, structural engineer, supervisor who has been licensed by the Authority.
2.22 "Occupancy or Use Group" means the principal occupancy for which a building or a part of a building is used or intended to be used; for the purpose of classification of a building according to the occupancy, an occupancy shall be deemed to include subsidiary occupancies which are contingent upon it. Buildings with mixed occupancies are those buildings in which more than one occupancy are present in different portions of the buildings. The occupancy classification shall have the meaning given below unless otherwise spelt out in Development plan.
1. "Assembly Buildings" means and includes any building or part of a building where groups of people congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes: for example theatres, motion picture houses, drive-in-theatres, assembly halls, libraries,, Mangal Karyalayas, skating rinks, gymnasium, restaurants, eating houses, boarding houses, places of worship, dance hall, club rooms, gymkhana, passenger stations, and terminals of air, surface and other public transportation services, recreation piers and stadia.
2. "Business Buildings" means and includes any building or part of a building which is used for transaction of business for the keeping of accounts and records for similar purposes; offices, banks, professional establishments, court houses, shall be classified in this group in so far as principal function of these is transaction for public business and the keeping of books and records.
3. "Educational Buildings":- means any building used for school, college or day-care purposes for more than 8 hours per week involving assembly for instruction, education, or recreation incidental to educational buildings.
4. "Hazardous Buildings" means and includes any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalies, acids or other liquids or chemicals producing flames, fumes, explosives, mixtures of dust or which result in the division of matter into fine particles subject to spontaneous, ignition.
5. "Industrial Buildings" means and includes any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated assembled or processed like assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories etc.
6. "Institution Buildings" means any building or part thereof which is used for purposes such as medical or other treatment or care of persons suffering from physical or mental illness, disease of infirmity, care of infants convalescents or aged persons and for penal or correctional detention in which the liberty of the inmates is restricted and which ordinarily provide for sleeping accommodation for the occupants. It includes hospitals, sanitoria, custodial institutions and penal institutions like jails, prisons, mental hospitals, reformatories.
7. "Mercantile Buildings" means and includes any building or part of a building, which is used as shops, stores, markets, for display and sale of merchandise either wholesale or retail, office, storage and service facilities incidental to the sale of merchandise and located in the same building shall be included under the group.
8. "Multi-Storeyed Buildings" means and includes all buildings with more than four floors (including the ground floor) or whose height is 15 meters or more measured from the average level of the central line of the street on which the site abuts, provide that staircase rooms, lift rooms chimney and elevated tanks above the top most floor and architectural features shall not be included in the numbers of floors in calculating the height of building.
9. "Office Buildings (Premises)" means the premises whose sole or principal use is to be used as an office or for office purpose, office purposes' includes the purpose of administration, clerical work handling money, telephone and telegraph operating and operating computers and "clerical work" includes writing, book-keeping, sorting papers, typing, filing, duplicating, punching cards or tapes, machine calculating, drawing of matter for publication and the editorial preparation of matter for publication.
10. "Residential Buildings" means any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or bath facilities and it includes one or two or multi family dwellings, hostels, dormitories, apartment houses and flats, and private garages.
11. "Storage Buildings" means and includes any building or part of a building used primarily for the storage or sheltering of goods, wares merchandise, like ware-houses, cold storages, freight depots, transit sheds, store houses, public garages hangers, truck terminals, grain elevators barns and stables.
12. "Whole Sale Establishments" means and includes establishments wholly or partly engaged in whole sale trade, manufactures, whole sale outlets including related storage facilities warehouses and establishment engaged in truck transport including truck transport booking agencies.
2.23. "Open Space" means an area forming an integral part of the site left open to the sky.
2.24. "Owner" means the person who receives the rent for the use of the land or building or would be entitled to do so if they were let.
2.25. "Parking Space" means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of the vehicles.
2.26. "Permanent open air Space" Air space is deemed to be permanently open if:
(a) It is a street or it is encroached upon by no structure of any kind; and
(b) Its freedom from encroachment in future by a structure of any kind is assured either by law or by contract of by the fact that the ground below it is a street or is permanently and irrevocably appropriated as an open space:
Provided that in determining the open air space required in connection with construction work on a building any space occupied by an existing structure may, if it is ultimately to become a permanently open air space, be treated as if it were already a permanently open space.
2.27. "Plinth area" means the built up covered area measured at the floor level of the basement or of any storey.
2.28. "Street" means any highway, street, lane, pathway, alley stairway, passageway, carriageway, footway, square, place or bridge whether a thorough-fare or not over which the public have a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, channels, ditches, storm water drains, culverts, sidewalks, traffic islands, roadside trees and hedges, retaining walls, fences, barriers and railings within the street lines.
2.29. "Street level or Grade" means the officially established elevation or grade of the central line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street its mid- point.
2.30. "Street Line" means the line defining the side limits of a road/street.
2.31 "Row Buildings" means a row of houses with only front, rear and interior open spaces.
2.32."Semi-detached Building" means a building detached on three sides with open spaces as specified.
2.33. "Service Road" means a lane from a wider street provided at the front of a plot for service purposes.
2.34. "Site of Plot" means a parcel/piece of land enclosed by definite boundaries.
2.35 "Site Corner" means a site at the junction of and fronting on two or more intersecting streets.
2.36. "Site Depth of" means the mean horizontal distance between the front and rear site boundaries.
2. 37. "Site Double Frontage" means a site, having a frontage on two streets other than a corner plot.
2.38 "Site Interior or Tandem" means a site access to which, is by a passage from a street whether such passage forms part of the site or not.
2.39. "Storage" means a place where goods are stored.
2.40. "Storey" means the portion of building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it then the space between any floor and the ceiling next above it,
2.41. "Tenement Dwelling Unit" means an independent dwelling unit with a kitchen.
2.42. "To Abut" means to abut on a road such that any portion of the building is fronting on the road.
2.43. "To Erect" to erect a building means;
(a) erect a new building on any site whether previously built upon or not;
(b) to re-erect any building of which portions above the plinth level have been pulled down, burnt or destroyed; and
(c) conversion from one occupancy to another and sub-division of occupancy into more than one.
2.44. "Water Course" means a natural channel or an artificial one formed by turning or diversion of a natural channel meant for carrying storm and waste water.
2.45. "Major Water Course" means a water course which carries storm water discharging from a contributing area of not less than 160 Ha.
2.46. "Minor Water Course" means a water course which is not a major one.
2.47. "Width of Road" means the whole extent of space within the boundaries of road when applied to a new road, as laid down in the surveys of the city or development plans or prescribed road lines by any Act or Law and measured at right angles to the course or intended course of direction of such road.
2.48. "Non-Conforming Building or Use" means a building, structure or use of land existing at the time of commencement of these regulations and which does not conform to the regulations pertaining to the zone in which it is situated.
2.49. "Building set Back" means the distance by which any building or structure shall be separated from the boundary lines of the plot.
2.50. "Light Industry means Industries which do not throw out excessive smoke, noise offensive odour or harmful industrial wastes, employing not more than 100 workers and using power of not more than 100 H.P. Such Industries except in the case of foundaries and smithies do not consume any solid fuel.
Regulation 3 Applicability
3.1. The uses permitted in these zoning regulations are subject to overall conformity with the Development Plan which has been notified and Zonal Development Plans which are notified from time to time. These regulations will not prohibit the existing uses of lands and buildings that have been lawfully established prior to the coming into force of these regulations;
provided that where the existing use is a non-conforming one, i.e., a use under which these regulations will not be permissible, in the concerned zone, no expansion of existing use will be permissible provided further, that it will be open to the Authority to order the discontinuance or continuance subject to such restrictions and conditions as may be imposed by it, of an existing use which is non-conforming and which in its opinion is injurious to the particular use zone.
Regulation 4 Interpretation
4.1. In these regulations the use of present tense include the future tense, the masculine gender includes the feminine and the neutral, the singular number includes the plural and the plural includes the singular. The word person' includes a corporation as an individual writing' includes printing and typing and signature' includes thumb impression made by a person who cannot write if his name is written near to such thumb impression.
Regulation 5 Procedure for obtaining Development permit
5.1. No person shall carryout development without obtaining a development permit from the Authority, unless exempted by State or Central Acts/Rules/Orders.
5.2. Every person who intends to carry out development shall make an application in writing in the prescribed form (See Appendix A). The application shall be accompanied by three copies of key plan, site plan and sub-division layout plan. The colouring and notations of plans shall, be as specified in Table-I. The plans may be ordinary prints on ferro paper or any other type. All dimensions shall be in metric units.
5.2.1. Key plan (or Location) Plan A key plan drawn to a scale of not less than 1:10,000 shall be submitted along with the application for a building permit and Commencement Certificate showing the boundary locations of the site with respect to neighbourhood land marks.
TABLE 1
Colouring of Plans
Sl.No.
Item
Site Plan
Building Plan
White
Plan
Blue
Print
Ammonia
Print
White
Plan
Blue
Print
Ammonia
Print
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
1. Plot Lines
Thick Black
Thick Black
Thick Black
Thick Black
Thick Black
Thick Black
2. Existing street
Green
Green
Green
.....
.....
.....
3. Future street, if any
Green dotted
Green dotted
Green dotted
.....
.....
....
4. Permissible building lines
Thick dotted black
Thick dotted black
Thick dotted black
.....
.....
.....
5. Open Spaces
.....
.....
No
colour
.....
.....
.....
6. Existing work
Black (outline)
White
Blue
Black
White
Blue
7. Work proposed to be demolished Yellow hatched
Yellow hatched
Yellow hatched
Yellow hatched
Yellow hatched
Yellow hatched
8. Proposed work Red
filled in Red
Red
Red
Red
Red
9. Drainage and Sewerage work
Red dotted
Red dotted
Red dotted
Red dotted
Red dotted
Red Dotted
10. Water Supply work
Black dotted thin
Black dotted thin
Black dotted thin
Black dotted thin
Black dotted thin
Black dotted thin
11. Deviations
Red hatched
Red hatched
Red hatched
Red hatched
Red hatched
Red Hatched
12. Recreation ground Green wash
Green wash
Green wash
Green wash
Green wash
Green wash
5.2.2. Layout/Sub-division Plan In the case of development work the notice shall be accompanied by the layout/sub-division plan which shall be drawn on a scale of not less than 1:500 containing the following.
(a) Scale used and North Point.
(b) The location of all proposed and existing roads with their existing and proposed prescribed widths within the land.
(c) Dimensions of plot along with building lines showing the setbacks with dimensions within each plot:
(d) The location of drains, sewers, public facilities and services, and electrical lines, etc.;
(e) Table indicating size, area and use of all the plots in the sub-division layout plan;
(f) A statement indicating the total area of the site area utilized under roads, open spaces for parks, playgrounds, recreation places and development plan reservations, schools, shopping and other public places along with their percentage with reference to the total area of the site proposed to be sub-divided;
(g) In case of plots which are sub-divided in built-up areas in addition to the above, the means of access to the sub-division from existing streets.
5.2.3. Site Plan The site plan submitted with the application for permit shall be drawn to a scale of 1:500 and shall show:
(a) The boundaries of the site and of any contiguous land belonging to the owner thereof:
(b) the position of site, in relation to neighbouring street:
(c) the name of the street in which the building is proposed to be situated, if any:
(d) all existing buildings, standing on, over or under the site:
(e) the position of the building, and of all other buildings (if any) which the applicant intends to erect upon his contiguous land referred to in relation to (a):
(i) the boundaries of the site and in case which the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by others:
(ii) all adjacent streets, buildings (with number of storeys, and height) and premises within a distance of 12 m of the site and of the contiguous land (if any) referred to in (a); and
(iii) if there is no street within a distance of 12m. of the site, the nearest existing street.
(f) the means of access from the street to the building, and to all the buildings (if any) which the applicant intends to erect upon his contiguous land referred to in (a):
(g) space to be left about the building to secure a free circulation of air, admission of light and access for scavenging purpose and projection (if any) on to the open space;
(h) the width of the street (if any) in front and of the street (if any) at the side or near the buildings;
(i) the direction of north point relative to the plan of the building;
(j) any existing physical features, such as wells, drains, trees, etc.;
(k) the ground area of the whole property and the breakup of covered area on each floor with the calculations of percentage covered in each floor in terms of the total area of the plot as required under the regulations governing the coverage of the area;
(l) aerial, electrical supply line, water supply and drainage line.
(m) such other particulars as may be prescribed by the Authority.
5.3. Signing the Plans All the plans shall be duly signed by the owner and the licensed Town Planner/Architect/Engineer/Structural Engineer/Surveyor as the case may be and shall indicate their names, addresses and licence numbers allotted by the Authority.
5.4. Qualifications and competence of the licensed Town Planner/Architect/Engineer/ Structural Engineer/Surveyor Architects, engineers, structural engineers and supervisors, etc. referred to under 5.3 shall be licensed by the Authority as competent to do the various works as given in Appendix B. The qualifications and procedure for licensing shall be as given in Appendix B.
5.5. Schedule of fees
5.5.1. Development Permit Fee
5.5.2. Development of land/sub-division layout of land The fees for submitting proposals of development of land/sub-division layout of land shall be as prescribed by the Government.
5.6. Grant of Permit or Refusal
5.6.1. The Authority may either sanction or refuse the plans and specifications or may sanction them with such modifications or directions as it may deem necessary and there upon shall communicate its decision to the person giving the notice in the prescribed form.
5.6.2. If within ninety days of the receipt of the notice under 5.2 Regulations, the Authority fails to intimate in writing to the person who has given the notice, of its refusal or sanction the notice with its plans and statement, shall be deemed to have been sanctioned provided nothing shall be construed to authorize any person to do anything on the site of the work in contravention of or against the terms of lease or titles of the land or against any regulations bye-laws or ordinance.
5.6.3. Once the plan has been scrutinized and objections have been pointed out, the owner making application shall modify the plan, comply with the objections raised and re-submit it. No new objections shall be raised when they are resubmitted after compliance of earlier objections. The Authority shall scrutinize the re-submitted plan and if there be further objections, the plan shall be rejected.
5.7. Advisory Board
5.7.1. If any applicant is aggrieved by an order granting permission on conditions or refusing permission may prefer an appeal to the Authority within 30 days of the date of the communication of the order to him, and the Authority may review its order by taking the advice of an Advisory Board set by the State Government; for the proper interpretation of the regulations. The Advisory Board shall consist of the D.T.P. Chief City Planner, MCH, Chief Planning Officer, BDA, consulting Architect to the Government of A.P., and one representative of the Institute of Town Planners, Andhra Pradesh Chapter. Such appeal be made in such manner and accompanied by such fees (if any) as may be prescribed. The appeal shall be cleared within sixty days of receipt of appeal.
5.8. Duration of Sanction (As per the Act)
5.9 Revocation (As per the Act)
5.10. Penalties In the event of violation of these regulations if the owner is guilty of an offence the Authority shall take action against him as per Section 41 of the Act.
Regulation 6 Land use Zones and Uses Permitted
6.1. In these regulations, the land use shall be as per the following zones.
I. Residential Purely Residential (R 1)
Residential with shop line at Ground floor (R 2)
II. Commercial Local Commercial (C 1)
District Commercial (C 2)
General Commercial (C 3)
III. Industrial Service Industry (I 1)
Light Industry (I 2)
General Industry (I 3)
Special Industry (I 4)
IV. Recreational
V. Agricultural (Green)
VI. Special Reservation
6.1.1. The zones are located and bounded as shown on the Development plan.
6.1.2. The various building and occupancy uses to be permitted in these zones shall be as given in Appendix-C.
6.1.3. The occupancy uses listed in Appendix-C shall not be treated as exhaustive. Similar occupancies not listed and their accessory occupancies shall be permitted in the appropriate zones as decided by the Authority.
6.2. No building or occupancy shall be changed to a use not in conformity with the permitted uses of Regulation 6.1.2.
6.3. Uses as Specifically Designated in Development Plan:
6.3.1.
(a) Where the use of a site is specifically designated on the Development plan, it shall be used only for the purpose so designated.
(b) Where a site is designated for one specific public purpose on the Development plan, the Authority may use the structure existing or to be built thereon or permit the use of the structure in combination with other purposes provided the same is in conformity with these rules and the zone in which the site falls;
(c) In the case of specific designation in Development plan for schools and their playgrounds or markets and service industries, the Authority may inter-change their uses provided the designations are on adjoining or nearby building or premises.
(d) Construction of multi-storeyed garages may be permitted on parking lots.
6.3.2. Uses to be in conformity with the zone Where the use of buildings or premises is not specifically designated on the development plan, it shall be in conformity with the land use zones in which they fall:
Provided that any lawful use of premises existing prior to the date of enforcement of these regulations may continue;
Provided further that a non-conforming use shall not be extended or enlarged except as provided in Regulations 6.4.1 and 6.4.2 and that when a building containing non-conforming use is pulled down or has fallen down, the use of new building shall be in conformity with these regulations. In congested areas, the Authority shall have discretion to permit such use depending on the prevailing land uses and building pattern in the adjoining area.
6.3.3. Widths of Roads in the Development Plan Notwithstanding anything contained in the Development Plan or in these regulations the Authority may from time to time prescribe regular lines of streets of widths different from those shown in the Development plan.
6.4. Non-conformity uses : -
6.4.1. Industries Where a non-confirming industry has been granted a written permission without a condition for its shifting to a confirming zone at the end of a specified period, additions thereto for the manufacture of new articles or for starting new process may be permitted by the Authority when:
(a) Such scheme form an integral part of and are directly connected with the process carried on in the existing unit;
(b) Such schemes of additions do not envisage appreciable increase in the employment and undue increase in traffic loads;
(c) Such addition is for preventing undue loss or for improving the working efficiency or the conditions of existing unit or for balancing the existing production units for the industry;
(d) Open spaces of 6 m. are maintained from boundaries of the plot as well as between two buildings;
(e) Satisfactory means of access as required (Sec.8) for industrial zones is provided and maintained, and
(f) Parking, loading and unloading spaces are provided as required (See 11) Before permitting any such additions, the Authority shall first satisfy that the degree of nuisance from existing unit will in no way be increased by such additions.
6.4.2. Others (Non-Conforming users other than industries) Where non-conforming user existing prior to the date of enforcement of these regulations is allowed to be continued in the Development Plan, any additions to such non-conforming use (other than those provided in 6.4.1.) not exceeding the permissible Floor Area Ratio may be permitted subject to the following terms and conditions, namely
(a) The whole building is owned and occupied by owner only;
(b) The proposed additions are for preventing undue loss or for improving working efficiency or conditions of existing user;
(c) The additions and alterations are meant for the existing user and not proposed to be let out;
(d) Open spaces and parking spaces required under the regulations shall be provided; and
(e) The change in ownership of the establishment shall be permissible provided there is no change of uses.
Regulation 7 Layout and sub-division
7.1. Layouts or sub-division proposed shall be submitted for the following;
(a) When more than one building is proposed on any land excepting for accessory building in the case of residential buildings, the owner of the land shall submit proposal for proper layout of buildings or sub-division of his entire contiguous holding.
(b) When development and re-development of any tract of land which includes division and sub-division into plots for various land uses within a colony.
7.2.1. The width of street/public and internal access way including pathway shall conform to provisions of Regulation 8.
7.2.2. In addition to the provision of means of access cul-de-sacs with a width of not less than 6 m. upto a length 100 m. and 9 m. upto a length of 200 m. also be allowed in residential provided that the cul-de-sac shall be permitted only on the straight roads and the dead end of cul-de-sac shall be higher in level of the starting point suitable turning space shall also be provided at the end of the cul-de-sac.
7.2.3. Intersection of Road At junctions roads meeting at right angles the rounding off of intersection shall be done, unless otherwise directed by the Authority, with the tangent length from the point of intersection to the curve as shown in Fig.1. Fig. I. Rounding off intersections at Junctions
7.2.3.1. For junctions of roads meeting at other than right angles, the rounding off or cut off or similar treatment shall be done, to the approval of the Authority, depending upon the widths of roads, the traffic generated, the sighting angle, etc.
7.2.4. Building lines shall be set back at least 3 m. from the intersecting, curve.
7.3. Size of plots
7.3.1. Residential zone The plot size in residential layouts for housing by public agencies shall be as follows
Plot area
Type of Development
50-100 sq. m.
Row Housing
100-200 sq. m.
Semi Detached
above 200 sq. m.
Detached
(a) Minimum plot width shall be 4.5 m. to 8 m. for Row-Housing; not more than 8 plots shall be developed in a row as Row-Housing and the separation between blocks, in a row shall be not less than 6 m.
(b) Minimum plot width shall be 8 m. to 12 m. for semi-detached and detached buildings, Plots greater than 12 m. widths shall be developed as detached buildings only; not more than 8 plots shall be developed for semi-detached and detached buildings; there shall be a separation between blocks of not less than 6 m.
(c) Corner plots shall be splayed with 3 m. off set or round off. For Building by private individuals the minimum building site or plot for various class of buildings shall be shown as below: 125 sq. m. for domestic use i.e. for residential purpose means for a single family the Authority may however reduce the plot area to not less 50 sq. m. depending upon the circumstances and the locality.
7.3.2. Commercial The plot area shall be not less than 50 sq. m. with minimum plot width of 6 m.
7.3.3. Industrial The plot area for industrial buildings other than listed in Appendix-E shall not be less than the following:
Light/Service Industry
450 sq. m. with a plot width of 20 m.
General Industry
2000 sq. m. with a plot width of 60 m.
Special Industry
2000 sq. m. with a plot width of 60 m.
7.3.4. Assembly Buildings The plot area for cinema/assembly hall/auditorium buildings shall be atleast at the rate of 3 sq. m. /seat per person, however the minimum size of plot shall be 1000 sq. m.
7.3.5. For petrol filling stations The minimum plot size shall be:-
(a) 500 sq. m. without service facilities and a minimum width of 16 sq. m.
(b) 1000 sq. m. with service facilities and a minimum width of 30 m.
7.3.6. For other buildings, the plot size shall be as decided by the Authority.
7.4. Amenities and Facilities for layouts
7.4.1. Shopping Centre In the case of layouts or sub-division of areas in excess of 2 Ha. and upto 4 Ha. in residential and commercial zones, plots shall be provided for shopping centres, such area may be upto 5% of the area of the plot. Further the following provisions shall apply :
(i) The shopping centre area 5% may be distributed within the layout of making it available within accessible distances from the different parts of the layout.
(ii) These shops shall not abut on roads more than 18 m. in width.
(iii) Within a layout, the shopping centre shall be provided on floor I and upper floors may be utilised for residential purposes and conveniences like Banks, place for Doctors and Medical Practitioners.
7.4.2. In any layout or sub-division of plot 2 Ha or more, a suitable site for an electric sub-station shall be provided.
7.4.3. In industrial zones exceeding 0.8 Ha. upto 4 Ha. the amenity open space shall be 5 per cent of the plot. These amenities should include park, canteen, welfare centres, parking etc.
7.4.4. Amenities and facilities for Layouts of Larger Areas For layouts of larger areas (more than 4 Ha.) in residential, commercial and industrial zones, provisions may be made for the amenities and facilities as given in Table 2.
TABLE - 2
Community Facilities and other Sub-Division Requirements in Large (more than 4/Ha) Residential, Commercial and Industrial Plots
Sl.No.
Facilities Required
Scale of Provision
(No. Required)
Minimum area required and
Remarks
Main Type
Sub-Type
(1)
(2)
(3)
(4)
A. RESIDENTIAL AND COMMERCIAL ZONES
1. Educational facilities Nursery Schools
(3 to 5 age group)
1 for 4,000
population
0.1 Ha.
Primary School
(5 to 11 age group)
1 for 4,000 population 0.6 Ha. for density upto 250 P/Ha.
0.5 Ha. for 251 to 500P/Ha. 0.4 Ha.
For 501 P/Ha. And above High School
(11 to 16 age group)
1 for 16,000 population 2.0 Ha. for density upto 250 P/Ha.
1.8 Ha. for 251 to
500 P/Ha. 1.6 Ha.
for 501 P/Ha. And above Degree College 1 for 80,000 to 1,00,000 population 4 to 6 Ha.
2. Health Facility
Health Centre
General Hospital
1 for every 16,000population
 1.0 Ha. with Residential Staff quarters.
1 for every 80,000 to 1,00,000 population 4.0 Ha. for 200 Beds with ancillaries
3. Commercial Facilities
Convenience Shopping Centre Upto 20 shops for 6,000 population 0.05 to 0.1 Ha
Including shopping Facilities Local shopping centre
Upto 20 shops for 16,000 population 0.04 Ha.
Zonal shopping centre Upto 80 to 100 shops for 80,000 population
2.5 Ha.
4. Communication facilities and essential services Sub-Post-Office,
Post & Telegraph office-cum-Delivery and Booking including telephone Exchange of 1,000 lines 1 for every 1,00,000 population
1.0 Ha.
Electric sub-station, Police Station with staff quarters. Police Post with staff quar-with Staff Quarters 1 in all shopping centre
1 for every 50,000 population
1 for every 20,000 population 1 for every 5 km. radial distance.
12 m. x 12 m.
0.8 Ha.
0.4 Ha.
0.8 Ha.
5.
Social and cultural facilities
Religious building
1 for every 15,000 population
0.8 Ha. location not at inter-section of roads and 60 m. away from junctions
Community hall and Library
1 for every 15,000 population
0.3 Ha.
Cinema 1 for every 25,000 population
0.30 Ha. with parking location in zonal shopping centre, business and commercial not in residential zone.
6.
Recreation
Parks
10 per cent of the area
B. INDUSTRIAL ZONES
1.
Facilities for industrial zones Labour welfare centres convenience shops Bus Station
1 for every 40 Ha.
0.2 Ha
5 shops of 10 sq. m.
0.2 Ha.
Health centre, post office, Telephone exchange, Bank
1 for every 200 Ha.
0.6 Ha.
0.04 Ha.
0.04 Ha.
Petrol-cum-service stn. Police stn. with staff qts fire stn. with Staff Quarters
200 sq. m.
30 x 45
0.4 Ha. and 0.8 Ha.
Regulation 8 Means of Access
8.1. Every building existing or proposed in the case of layout of sub-divided area shall have the means and access.
8.2. Every person who erects a building shall not at any time erect or cause or upon permit to erect or re-erect any building which in any way encroaches upon or diminishes the area set apart as means of access.
8.3. Width of means of Access The plots shall abut on a public means of access like street.
8.3.1. Plots which do not abut on a street shall abut-front on a means of access, the width and other requirements of which shall be as given in Table-3.
TABLE
Means of Access Width of means of Access in Mts.
Length of means of Access in Mts. 6 mts.
Upto 50 mts.
9 mts.
51 mts. to 100 mts.
13 mts.
101 mts. to 150 mts.
16 mts.
151 mts. to 300 mts.
19 mts.
301 mts. to 450 mts.
25 mts.
451 mts. to 600 mts.
Provided further that for all industrial buildings, theatres, cinema houses, assembly halls, stadia, educational buildings, markets other buildings which attract large crowd, the means of access shall not be less than 12 m. serving upto a length of 200 m. and for length higher than 200 m. the width shall not be less than 15 m. Further in no case shall be the means of access be lesser in width than maximum width of the internal access ways in layouts and a sub-division.
8.3.2. Pathways The approach to the buildings from road/street the internal means of access shall be through paved pathway of width not less than 1.5 m. provided its length is not more than 30 m.
8.3.2.1. In case special housing schemes for Low Income Group and Economically Weaker Sections of Society developed upto two storeyed Row Housing Scheme, the pathway' width shall be 3 m. which shall not serve more than 50 m. and 8 plots on each side of pathway.
8.3.3. The length of the means of access shall be determined by the distance from the farthest plot (building) to the public street. The length of the subsidiary access way shall be measured from the point of its origin to the next wider road on which it meets.
8.3.4. In the interest of general development of an area, the authority may require the means of access to be of larger width than that required under 8.3.
8.3.5. In existing built-up area, in the case of plots facing street of width less than prescribed by the Authority, the plot boundaries shall be shifted, subject to compensation in total floor areas as decided by the Authority.
8.3.6. Notwithstanding the above, in partially built-up plots, if the area still to be built upon does not exceed 5,000 sq. m. an access of 3.6 m. width may be considered as adequate means of access, provided such area is used for Low Income Group Housing.
8.3.7. In case where a private passage is unrestrictedly used by public for more than 10 years as a means of access of width not less than 9 m. to a number of plots the Authority may improve the passage at the Municipal cost and thereafter take steps under the provision of Act to declare it as public street.
8.4. Means of access shall be free of encroachment by any structure or fixture so as not to reduce its width below the minimum required under 8.3 and shall be maintained in a condition to the satisfaction of the Authority.
8.4.1. If any structure or fixture is set up on a means of access so as to reduce its width below the minimum required, the Authority may remove the same further and recover the expenses so incurred from the owner.
8.5. Access from Highways/important Roads No premises other than highway amenities like petrol pumps, motels; etc., shall have an access direct from highways and such other roads not less than 30 mtr. in width which the authority shall specify from time to time. The Authority shall maintain a register of such roads which shall be open to public inspection at all times during office hours. The portion of such roads on which direct access may be permitted shall be as identified in the development plan. However, in case of existing development on highways/other roads referred above, the operation of the above regulation shall be exempted. The above will be subject to the provisions of the State High Way Act, and the National High Way Act.
Regulation 9 Open Spaces
9.1. General The provisions of open spaces around and inside buildings shall be according to 9.2. to 9.9.
9.2. Residential buildings Every room intended for human habitation shall abut on an interior or exterior open space or an open verandah open to such interior or exterior open space.
9.2.1. Exterior open Spaces *[Subject to Reg. 9.2.5, exterior open spaces in respect of plots having an area more than 400 sq. m.] the exterior open spaces shall be provided at the front, sides and rear of the buildings within the plot boundaries as appropriate to detached, semi-detached or row-housing schemes as detailed below :
(i) Front open space (a) Every building abutting one or more roads shall have a minimum depth of set back from the nearest edge of the road (i.e.) front open space forming an integral part of the site as indicated below:
Sl.No.
Width of the road Minimum depth of set back from the nearest edge of the road
1. Upto 12 metres 3 metres
2. More than 12 and upto 18 metres 4 metres
3. More than 18 metres 6 metres
(b) In the case of semi-detached building and row housing schemes, the Authority shall have power to enforce a building line with respect to width of street fronting it subject to the minimum front open space.
(c) In the case of existing built up areas facing on street of width less than 5 metres, the new building schemes shall not be permitted closer than 3.0 mts. from the central line of the street and this shall not conflict with the road widening schemes of the Authority and the provision made in the Master Plan.
(ii) Rear Open Space Every building shall have a rear open space of an average width of 3 metres forming an integral part of the site and at no place measuring less than 1.5 mtrs. except in the case of back to back site the width of the rear yard shall be 3 m. throughout subject to the condition of free ventilation. The open space left up to half the width of the plot shall also be taken into account for calculating the average width of the rear open space.
(iii) Side open spaces Every semi-detached and detached building shall have a permanently open air space, forming integral part of the site as given below : In the case of semi-detached buildings, the open space provided on one side be not less than 1/4 of the narrow side and all habitable rooms shall abut either on this exterior open spaces or an interior open space. In the case of detached buildings the aggregate side open spaces shall not be less than 1/3 of the frontage (narrow side) subject to a minimum of 1.5 m. for any side open space.
(iv) The open spaces mentioned in 9.2.1. (i) (ii) and (iii) shall be for buildings upto a height of 10 metres. For height of buildings above 10 m. and upto 15 m. in addition to the minimum open spaces required for height of 10 m. there shall be an increase in the minimum open spaces at the rate of 1 m. per every 3 m. or fraction thereafter heights above 10 m. For height of buildings above 15 m. the special regulations regarding multi-storeyed buildings will apply.
9.2.2. Interior open space The whole of one side of one or more rooms intended for human habitation and not abutting on either the front rear or side open spaces shall abut on an interior open space whose minimum width shall not be less than 1/4 of the frontage subject to a minimum of 1.5 m.
9.2.3. Exemption to Open Spaces The following exemption to open space shall be permitted:
(i) Projections into open spaces Every open space provided either interior or exterior shall be kept free from any erection thereon and shall be open to the sky and no cornice, projection, roof or weather shade more than 0.75 m. wide shall overcharge or project over the said open space so as to reduce the width to less than the minimum required.
(ii) A cantilever portico of upto 1.5 m. width 5 m. length may be permitted within the side set back over the entrance with no access to the top of the portico for use as a sit out place and the height of the portico shall be at 2.1 m. from the plinth level. A garage may be permitted at the rear end of side open spaces which will be accountable in the total built up area.
(iii) Corner Site When the site fronts on two streets, the frontage would be as one on the street having the larger width. In cases where the two streets are of the same width than the larger depth of the site will decide the frontage and open spaces. In such cases the location of a garage (in a corner plot) if provided within the open spaces shall be located diagonally opposite the point of inter sections.
(iv) Balcony projection upto a width of 0.9 m. upto 50 percent of the length of open spaces may be permitted.
(v) A well, latrine, ash pit, cow-shed and not exceeding height of 2.5 m. above ground level, may be constructed in the rear open space for semi-detached and detached buildings:
Provided that the aggregate area covered by such structures shall not exceed one-fourth of the area of such open space, with no opening to any sort facing or over looking the property of the neighbours; provided further that no such construction shall be in the open space abutting another street.
9.2.4. No portion of any building shall project beyond the line of the street except sun-shades extending not more than 23 cm. at a height not less than 4.3 m.
9.2.5. The exterior open-spaces in respect of plots having an area upto 400 square metres (both residential and non-residential) shall be provided at the front, sides and rear of the buildings within the plot boundaries according to the size of the plots as appropriate to detached, semi-detached or row housing schemes as detailed below Sl.
No. Plot Area
Maximum Building coverage
Front open spaces
Side  spaces
Rear open spaces
Maximum height of the building to be permitted
(1)
(2)
(3)
(4)
(5)
(6)
(7)
For Residential Building:
1. Below 50 Sq. Mts.
80%
0.75 Mts.
Nil
Nil
7.00 Mts.
2. Above 50 sq. Mts.
75%
1.00 Mts.
0.50 Mts.
1.0 Mts.
7.00 Mts.
3. Above 75 Sq. Mts.
upto 100 Sq.Mts.
70%
1.25 Mts.
0.75 Mts.
1.5 Mts.
7.00 Mts.
4. Above 100 Sq. Mts.
upto 150 Sq. Mts.
65%
1.5 Mts.
1.00 Mts.
2.0 Mts.
7.00 Mts.
5. Above 150 Sq. Mts.
upto 200 Sq. Mts.
60%
2.0 Mts.
1.25 Mts.
2.5 Mts.
7.00 Mts.
6. Above 200 Sq. Mts.
upto 300 Sq. Mts.
55%
3.00 Mts.
1.5 Mts.
3.0 Mts.
10.00 Mts.
7. Above 300 Sq. Mts.
pto 400 Sq. Mts.
50%
3.00 Mts.
1.5 Mts.
3.0 Mts.
10.00 Mts.
For Non-Residential Buildings
1. Below 50 Sq. Mts.
80%
1.00 Mts.
Nil
Nil
7.00 Mts.
2. Above 50 Sq. Mts.
upto 75 Sq. mts.
75%
1.00 Mts.
0.50 Mts.
1.0 Mts.
7.00 Mts.
3. Above 75 Sq. Mts.
upto 100 Sq.Mts.
70%
1.75 Mts.
0.75 Mts.
1.5 Mts.
7.00 Mts.
4. Above 100 Sq. Mts.
upto 150 Sq. Mts.
65%
2.00 Mts.
1.00 Mts.
2.0 Mts.
7.00 Mts.
5. Above 150 Sq. Mts.
upto 200 Sq. Mts.
60%
2.50 Mts.
1.25 Mts.
2.5 Mts.
7.00 Mts.
6. Above 200 Sq. Mts.
upto 300 Sq. Mts.
60%
3.00 Mts.
1.5 Mts.
3.0 Mts.
10.00 Mts.
7. Above 300 Sq. Mts.
upto 400 Sq. Mts.
55%
3.00 Mts.
1.5 Mts.
3.0 Mts.
10.00 Mts.
9.3. Industrial Buildings
9.3.1. In the absence of provisions in the Development Plan the open spaces shall be as given in Table-4.
Sl. No.
Plot size
Front
Rear
Side
1.
From 450 sq. m. to 1,000 sq. m.
6.0 m.
4.5 m.
3.0 m.
2.
From 1,000 sq. m. to 5,000 sq. m.
9.0 m.
4.5 m.
4.5 m.
3.
From 5,000 sqm. to 30,000 sq. m.
9.0 m.
9.0 m.
4.5 m.
4.
Above 30,000 sq. m.
9.4. Mercantile (Commercial) Buildings In the case of commercial areas for shopping centre other than integrated shopping centre development schemes, the open spaces shall be 3 m. minimum in front and rear. Side spaces may not be necessary if it is developed as shopping area under row-building schemes. However, the appropriate space for lighting and ventilation shall be provided through interior open spaces as specified in 9.2.2. The provision of the rear open space shall not be applicable to back shopping centre schemes, developed by public agency for approved as an integrated shopping centre scheme by a private agency.
9.5. Educational Buildings There shall be a minimum front open space of 6 m. and rear and side spaces of 4.5 m. but for high schools/colleges the open space at front shall not be less than 9 m. and 6 m. for side and rear open spaces.
9.6. Assembly Buildings In assembly buildings the open spaces shall not be less than 9 m. 6 m. respectively for front, side (s) and rear respectively.
9.7. Business (Office and Public) Buildings The open spaces for business buildings for offices and other public buildings shall not be less than 6 m. 4.5 m. on front side (s), and rear respectively.
9.8. Institutional Buildings For institutional buildings like hospitals, the open space shall not be less than 9 m. 6 m. for front, side (s) and rear respectively.
9.9. The set back requirements for individual occupancies depending upon the zones and width of road fronting the same shall be decided by the authority keeping in view the provisions of Master Plan.
9.10. Group Housing
9.10.1. Group Housing Development normally and preferably in two and multi-storeyed blocks shall not be a customary sub-division of land into street and plots. The layout shall be governed by good design standards suiting the site and socio-economic requirements of the occupants to be decided by the Authority.
9.10.2. Access to dwellings in housing for low cost or weaker section of the society shall be provided with foot paths and their widths shall be governed by design requirements. The footpaths shall open on a residential street or cul-de-sac or loop street preferably 9 m. width.
9.10.3. The minimum size of the site for this type of development shall be 1000 sq. metres.
9.10.4. No limit to floors and height shall be applicable except in areas near protected monuments and air ports, and other restricted zones as specified etc., but the coverage and FAR various densities shall be as per the following regulation, given in table 5 below:
Sl.No.
Group Residential Density
_________________________
Persons/Acre
Maximum Coverage in
_________________________
Persons/Hect
Percent
F.A.R
(1)
(2)
(3)
(4)
(5)
1.
50
125
25
0.75
2.
100
250
30
1.25
3.
150
425
33
1.50
4.
200
500
35
1.75
5.
250
625
35
2.00
(a) floor area is calculated as area on all floor unless specifically excluded.
(b) The coverage shall be calculated on the basis of the whole area reserved for group housing after deducting
(i) The area of any highway or any road upto 25 m. and major residential roads of 18 m. wide road around the Group Housing Area (residential street, loop street, cul-de-sac, service lanes and footpaths shall not be deducted).
(ii) The area of school (excluding sites for Nursery Schools) and other community facilities within the Group Housing Area; and
(iii) The open spaces except play ground and totlots of local nature.
(c) Any further provisions of master plan and zonal development plan.
Regulation 10 Area and Height Limitation
Floor area ratio and coverage The floor area ratio (FAR) and coverage for different use groups shall be as given in Table (6).
Regulation 11 Parking spaces
11. 1. Each off-street parking space provided for major vehicle shall not be less than 20 sq. m. area, and for scooters and cycles the parking space provided shall not be less than 3 sq. m. and 1.4 sq. m.
11.2. For building of different occupancies, off-street parking space for vehicles shall be provided as stipulated below :
(i) Motor Vehicles-space shall be provided as specified in Table 7 for parking motor vehicles.
TABLE - 7
Off-street Parking Spaces
Sl.No.
Occupancy
One parking space for every
(1)
(2)
(3)
1.
Residential
(i) Multi-family residential
1 tenement exceeding 200 sq. m. area or 1 for two flats of 200 sq. m. each
(ii) Lodging establishments, tourist homes and hotels with lodging accommodation 6 guest rooms
(iii) Restaurant 1 for 20 seats
2. Educational 100 sq. m. carpet area of fraction thereof of the administrative office area and Public service areas
3. Institutional (Medical) 20 beds
4. Assembly 30 seats
5. Government or Semi-public business 100 sq. m. carpet area or fraction thereof
6. Merchantile 100 sq. m. carpet area or fraction thereof
7. Industrial 200 sq. m. carpet area or fraction thereof
8. Storage 100 sq. m. upto 500 sq. m. area and every 200 sq. m. thereafter
(ii) Other Types of Vehicles For non-residential and non- assembly occupancies in addition to the parking areas provided under 11.2(i), 100 per cent additional parking space shall be provided for parking other types of vehicles. Of this, a minimum of 60 per cent shall be set apart exclusively for cycles.
11.3. Off-street parking space shall be provided with adequate vehicular access to a street, and the area of drives, aisles and such other provisions required for adequate manouvering of vehicles shall be exclusive of the parking space stipulated in these Regulations.
11.4. If the total parking space required is provided by a group of property owners for their mutual benefit, such use of this space may be construed as meeting the off-street parking requirements, subject to the approval of the Authority.
11.5. In addition to the parking space, provided for buildings of merchantile (commercial), industrial and storage, at the rate of one such space for loading and unloading activities for each 1,000 sq. m. of floor area or fraction thereof exceeding the first 200 sq. m. of floor area, shall be provided. The minimum space shall be 7.7 x 3.7 m.
11.6. Parking lock-up garages shall be included in the calculation for Floor space for FAR unless they are provided in the basement of a building or under a building constructed on stills with no external walls.
11.7. The parking space in cinemas, theatres and place of public assembly shall be provided as under:
Sl.No.
Type of vehicle No. of the vehicles for which parking space shall be provided
1. Cars
3.3%
2. Scooters
10 of the seating capacity
3. Cycles
25%
11.8. The space to be left out for parking as given in 11 shall be in addition to the open spaces left out for lighting and ventilation purposes as given in 9.
Regulation 12 Power of Government to exempt
12.1. No Regulation shall be relaxed and applications or representations for the grant of relaxations from any of these regulations received by the Government after the 31st May, 1987, shall not be considered by the Government.
12.2. Notwithstanding anything in Regulation No.12.1 it shall be lawful for the Government to consider wholly or partially on the merits of each case, the applications or representations for the grant of relaxations from the provisions of any of these regulations received prior to the 31st May, 1987 in respect of the cases of unauthorised constructions made in violation of these regulations before the 31st May, 1987 and detected either before or after the said date or the applications or representations for the grant of relaxations from these regulations received with reference to the directions from the courts or the applications or representations in respect of the properties affected by the road widening schemes undertaken by the Municipal Corporation of Hyderabad, the Hyderabad Urban Development Authority or any other Government agency, subject to the payment of the compounding fees to the Authority as indicated in the following table:
Sl.No.
Nature of Violation
In case development or building is already made or started unauthorisedly
(1)
(2)
(3)
1. Violation of the stipulated FSI excess coverage of built-up area and the encroachment into the mandatory open-spaces to be provided in and around the building relating to ground floor only.
Rs. 100/- per sq. ft. or extra FSI or extra coverage built over and above the permissible limits.
2. Violation of the stipulated FSI, excess coverage of built-up area and the encroachment into the mandatory open spaces to be provided in and around the Building relating to upper floors.
Rs.50/- per sq. ft. of extra coverage built over and above permissible limits.
3. Providing less parking area than stipulated in the regulations Rs.200/- per sq. ft. of shortage of parking area
4. Conversion of covered parking space into living space Rs. 250/- sq. ft.
5. Conversion of covered parking space into shops for commercial or other use Rs. 500/- per sq. ft.
6. Conversion of residential building or flats into office building or for other uses Rs. 50/- per sq. ft.
12.3. The limitations for the grant of relaxation from the provisions of any of the regulations for the cases referred to in Regulation 12.2 shall be as follows :
Sl.No.
Plot Area
Extent of relaxation for residential buildings
Extent of relaxation for non-residential buildings
Extent of relaxations for other buildings or uses
(1)
(2)
(3)
(4)
(5)
1. Less than 250 Sq. Mts. No limit
Upto 60%
--
2. Between 250 & 500 Sq. Mts.
Upto 50%
Upto 40%
--
3. Above 500 Sq. Mts.
Upto 30%
Upto 20%
--
4. For religious uses
--
--
Upto 60%
irrespective of the area of the plot
5. Parking spaces for residential buildings or flats
--
--
Upto 30%
6. Parking spaces for offices, commercial and other non-residential buildings
--
--
Upto 20%
Regulation 13
Conservation of listed buildings, areas, artefacts, structures and precincts of Historical and/or Aesthetical and/or architectural and/or Cultural value (Heritage Buildings and Heritage precinets) including rock formations.
1. Applicability:- This regulation will apply to those buildings, arteracts, structures and/or precincts of historical and/or aesthetical and/or architectural and/or cultural value (hereafter referred to as Heritage Buildings and Heritage Precincts) which will be listed in notification (s) to be issued by the Government. The Authority shall invite public objections and suggestions in three local daily newspapers before finalising the list Restrictions on Heritage Buildings and Heritage precincts shall be in force with effect on and from the date of first notification.
2. Restriction on Development/Redevelopment/Repairs, etc:-
(i) No Development or redevelopment or engineering operation or additions, alterations, repairs, renovation including the painting of buildings, replacement of special features or demolition of the whole or any part of thereof or plastering of said Heritage buildings or Heritage precincts shall be allowed except with the prior written permission of the Vice-Chairman, Hyderabad, Urban Development Authority. The Vice-Chairman, Hyderabad Urban Development Authority shall act on the advice of/in consultation with the Heritage Conservation Committee to be appointed by Government (hereafter called and#147;the said Heritage Conservation Committee:) Provided that in exceptional cases, for reasons to be recorded in writing, the Vice-Chairman, Hyderabad Urban Development Authority may over rule the recommendation of the Heritage Conservation Committee: Provided further that the power to overrule the recommendations of the Heritage Conservation Committee shall not be delegated by the Vice-Chairman, Hyderabad Urban Development Authority to any other Officer.
(ii) In relation to religious buildings in the said list, the changes, repairs, additions, alterations and renovations, required on religious grounds mentioned in sacred texts, or as a part of holy practices laid down in religious codes shall be treated as permissible, subject to their being in accordance and consonance with the original structure and architecture, designs, aesthetics and other special features thereof. Provided that before arriving at his decision, the Vice-Chairman, Hyderabad Urban Development Authority shall take into consideration the recommendations of the Heritage Conservation Committee.
3. Preparation of list of Heritage Buildings and heritage Precincts:- The said list of buildings, artefacts, structures and precincts of historical, and/or aesthetical, and/or architectural and/or cultural value including rock formations to which this regulation applies shall not form part of the Regulation, for the purpose of Section 59 of the Andhra Pradesh Urban Areas (Development) Act, 1975. Modifications to the list shall not amount to modification to Zoning Regulations. This list may be supplemented, altered, deleted or modified from time to time by Government on receipt of proposals from the Vice-Chairman, Hyderabad Urban Development Authority or from the said Heritage Consideration Committee or by Government suo motu, provided that before the list is supplemented altered, deleted or modified, objections and suggestions from the public be invited and duly considered by the Vice-Chairman, Hyderabad Urban Development Authority and/or by Government.
4. Power to Alter, Modify or Relax Regulations:- With the approval of Government and after consultation with the said Heritage Conservation Committee, the Vice-Chairman, Hyderabad Urban Development Authority shall have the power to alter, modify or relax the provisions of other Regulations of the Hyderabad Urban Development Authority Zoning Regulations, 1981 (hereafter referred to as and#147;the said Regulationsand#148;) if it is needed for the conservation, preservation or retention of historical, aesthetical, cultural or architectural quality of any Heritage buildings as Heritage Precinct including rock formations.
5. Permission to demolish or to make major alterations to Heritage Buildings may be granted only in exceptional cases by the Vice-Chairman, HUDA after obtaining the opinion of Heritage Conservation Committee and after inviting public objections and suggestions in three local daily newspapers.
6. Grant of Transferable Development Rights in cases of loss of Development Rights:- If any application for development is refused under this Regulation or conditions are imposed while permitting such development which deprives the owner/lessee of any unconsumed Floor Space Index the said owner/Lessee shall be compensated by grant of Development Rights Certificate (hereafter referred to as and#147;Transferable Development Rightsand#148;) subject to the Regulations as provided in Appendix and#145;Fand#146; the Transferable Development Rights from Heritage Building may be consumed in the same municipal ward from which it originated. The extent of Transferable Development Rights Certificates to be granted may be determined by the Vice-Chairman, Hyderabad Urban Development Authority in consultation with the Heritage Conservation Committee and will not be awarded unless sanctioned by the Government.
7. Maintaining Sky Line:- Building included in Heritage Precincts shall maintain the sky line in the precinct (without any high-rise development) as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of the said/listed Heritage buildings Heritage precincts and rock formations by Municipal Administration and Urban Development. The development within shall be in accordance with guidelines framed by Vice-Chairman, Hyderabad Urban Development Authority in consultation with Heritage Conservations Committee.
8. Repair Fund:- Building included in the said list shall be repaired by the owners/lessee of the said buildings themselves or occupiers of the old buildings, with a view to give monetary held for such repairs a separate fund may be created, which would be kept at the disposal of Vice-Chairman, Hyderabad Urban Development Authority, who will make disbursement from the funds in consultation with Heritage Conservation Committee. Provisions for such fund may be made through the budget of the Authority.
9. Grading of the Heritage Buildings/heritage Precincts:- Heritage Buildings/precincts may be graded into three categories. The meaning of these Grades and basic category for development permissions are as follows:-- Listing does not prevent change of ownership or usage. However such usage should be in harmony whit the said listed precinct/buildings. Care will be taken to ensure that the development permission relating to these buildings is given without delay. Grade-I
Grade-II
Grade-III
A. Definition:- Heritage Grade-I comprises of buildings, and precincts of national or historical importance, embodying excellence in architectural style design technology and material usage they may be associated with a great historical even personality, movement or institution, they have been and are the prime land marks of the City.
Heritage Grade-II (A & B) comprises of buildings or regional or local importance, possessing special architectural or aesthetical merit, cultural or historical value, though of a lower scale then in Heritage Grade-I. They are local landmarks, contributing to the image and identity of the City. they may be the work of master craftsmen, or may be models of proportion and ornamentation, or designed to suit a particular climate.
Heritage Grade-III comprises of buildings, and precincts of importance for town scape including rock formations they evoke architectural aesthetic or sociological interest though not as much as in Heritage Grade-II. These contribute to determine the character of the locality, and can be representative of life style of a particular community or region and, may also be distinguished by setting on a streetline, or special character of the facade and uniformity of height, width and scale
B. Objective:- Heritage Grade-I richly deserves careful preservation.
Heritage Grade-II deserve intelligent Conservation.
Heritage Grade-III deserves protection of unique features and attributes.
C. Scope for changes:- No interventions would be permitted either on the exterior or interior unless it is necessary in the interest of strengthening, and prolonging, the life or the buildings or precincts or any part or features thereof. For this purpose, absolutely essential and minimal changes would be allowed and they must be in accordance with original.
Grade-II(A) Internal changes, and adaptive reuse will be generally allowed, but external changes will be subject to scrutiny. Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade-II.
Grade-II (b) In addition to above extension or additional buildings in the same plot or compound could, in certain circumstances, be allowed provided that extension/additional building is in harmony with (and does not detract from) existing heritage building(s) or precincts especially in terms of height and facade.
External and internal changes and adaptive reuse would generally be allowed. Changes can include extensions, additional buildings in the same plot or compound provided that extension/additional building is in harmony with and does not detract from the existing heritage building/precinct especially in terms of height and/or facade. Reconstruction may be allowed when it has been affected by accidental fire or any other calamity or if reconstruction is required to consume the permissible Floor Space Index and no option other than reconstructions is available.
D. Procedure:- Development permission for the changes would be given by Vice-Chairman, Hyderabad Urban Development Authority on the advice of the Heritage Conservation Committee to be appointed by Sate Government.
Development permission for the changes would be given by Vice-Chairman, Hyderabad Urban Development Authority in consultation with a sub-committee of the Heritage Conservation Committee.
Development permission would be given for changes by Vice-Chairman, Hyderabad Urban Development Authority itself but in consonance with guidelines, which are to be laid down by Government in consultation with the Heritage Conservation Committee.
E. Vistas/Surrounding Development:-
All development in areas surrounding Heritigate Grade-I shall be regulated and controlled, ensuring that it does not mar the grandeur of or views from, Heritage Grade-I.]
APPENDIX A Form for First Application for Development
APPENDIX - (Regulation No.5.2)
APPENDIX - A
(Regulation No.5.2)
Form for First Application for Development
To
The Authority
HYDERABAD Urban Development Authority
Hyderabad - 500 029 (A.P.)
Sir,
I hereby give notice that I intend to carry out development in the site to erect, to re-erect/to demolish/to make material alteration in the building on/in plot No. land, Town and Revenue No. Block No. situated at Road/Street City
I forward herewith the following plans and statements (items 1 to 6) wherever applicable, in quadruplicate signed by me and (Name in block letters) the licensed Licence No. who have prepared the plans, designs and a copy of other statements/documents/as applicable (items 7 to 9)
1. Key Plan (Location) plan
2. Site Plan
3. Sub-division/Layout Plan
4. Building Plan
5. Service Plan
6. Particulars of Development
7. Ownership Title
8. Attested copy of Receipt for payment of Building permit fee
9. Clearance certificate of Tax Arrears.
I request that the proposed development/construction/demolition may be approved and permission accorded to me to execute the work.
Signature of Owner
Name of Owner
Address of Owner
APPENDIX B Qualification of Licensed Technical Personnel for Preparation of Schemes for Building Permit and Supervision
APPENDIX - (Regulation No. 5.4)
APPENDIX - B
(Regulation No. 5.4)
Qualification of Licensed Technical Personnel for Preparation of Schemes for Building Permit and Supervision
B-1. General :- B-1. 1. The qualifications of the Technical Personnel and their competence to carry out different jobs for building permit and supervision for the purpose of licensing by the Authority shall be as given in Regulations No. B-2 to B-6. The procedure for licensing the technical personnel is given in Regulation No. B-6.
B-2. Architect :- B-2.1. Qualifications :- The qualifications for licensing of Architect will be the Associate Membership of the Indian Institute of Architects or such Degree or Diploma which makes him eligible for such membership or such qualifications listed in Schedule XIV of Architects Act 1972 and shall be registered under the Council of Architecture as per Architects Act, 1972.
B-2.2. Competence :- The licensed architect shall be competent to carry out work related to Building permit, as given below and shall be entitled to submit:
(a) all plans and related information connected with building permit.
(b) structural details and calculations for building on plot upto 500 sq. m. and upto 3 storeys or 11 m; and
(c) certificate of supervision and completion for all buildings.
B-3. Engineer :- B.3.1. Qualifications :- The Qualifications for licensing of Engineer will be the corporate membership (Civil of the Institution of Engineers or such Degree or Diploma in Civil for Structural Engineering which make him eligible for such memberships).
B-3.1.1. Competence :- The licenced engineer shall be competent to carry out the work related to building permit as given below and shall be entitled to submit:
(a) All plans and related information connected with building permit.
(b) Structural details and calculations of buildings on plot 500 sq. m. and 5 storeys (16 m.); and
(c) Certificate of supervision and completion for all buildings.
B-4. Surveyor :- B.4.1. Qualifications :- The qualifications for licensing of surveyor will be:
(a) For Surveyor I:
(i) three years architectural assistantship or intermediate in Architecture with two years experience; or
(ii) diploma in Civil Engineering with two years experience.
(b) For Surveyor II:
(i) draftsman in Civil Engineering from I.T.I. with five years experience under architect/engineer.
B-4.2. Competence :- The Supervisor will be entitled to submit:
(a) For Surveyor I :
(i) all plans and related information connected with Building permit on plots upto 200 sq. m. and upto two storeys; and
(ii) certificate of Supervision of buildings on plots upto 200 sq. m. and upto two storeys.
(b) For Surveyor II :
(i) all plans and related information upto 50 sq. m. built up area and upto two storeys; and
(ii) certificate of supervision for limits at (i) above,
B-5. Structural Engineer :- B-5.1. Qualifications :- Qualification for licensing of structural engineers shall be the following with minimum 3 years experience in Structural Engineering practice with designing and field work.
(a) Graduate in Civil Engineering of recognised Indian or Foreign University and Chartered Engineer or Associate Member in Civil Engineering Division of Institution of Engineers (India) or equivalent Overseas Institution; and
(b) Associate member in Civil Engineering Division of Institution of Engineers (India) or equivalent Overseas Institution possessing exceptional merits.
The 3 years experience shall be relaxed to 2 years in the case of postgraduate degree of recognised Indian and Foreign University in the Branch of Structural Engineering. In the case of doctorate in structural Engineering, the experience required would be one year.
B-5.2. Competence :- Structural Engineers shall be competent to submit the structural details and calculations for all buildings and supervision.
B-5.2.1. In the case of complicate buildings and sophisticated structures, as decided by the Authority which are within the horizontal areas and vertical limits under B-2.2(b) and B- 4.2(a)(i) shall be designed only by structural engineers.
B-6. Town Planner - B-6-1. Qualifications :- The minimum qualification for a Town Planner shall be the Associate membership of the Institute of Town Planners or Post-graduate Degree or Diploma in Town and Country Planning which makes him eligible for such membership or recognised by the Public Service Commissions for the post of Assistant Town Planner.
B-6-2. Competence :- The licenced Town Planner shall be entitled to submit;
(a) all plans and related information connected with development permit of all areas; and
(b) certificate of supervision for development of land of all areas.
B-7. Licensing :- B-7.1. Technical Personnel to be licensed :- The qualified technical personnel or group as given in Regulations No.B-2, B-3, B-4, B-5, and B-6 shall be licensed with the Authority and licence shall be valid for one calendar year ending 31st December after which it shall be renewed annually.
B-7.2. Fees for Licensing :- The annual licensing fees shall be as decided by the Authority.
B-7.3. Duties and responsibilities of Licensed Technical Personnel :- The duties and responsibilities of licensed technical personnel shall be as follows:
(a) It will be incumbent on every Licenced Technical Personnel, in all matters in which he may be professionally consulted or engaged, to assist and co-operate with the Municipal Commissioner of Hyderabad and other Municipal Officers in carrying out and enforcing the provisions of the Hyderabad Municipal Corporation Act, and of any bye-laws for the time being in force under the same.
(b) Every Licensed Technical Personnel shall in every case in which he may be professionally consulted or engaged, be responsible, so far as his professional connection with such case extends, for due compliance with the provisions of the Hyderabad Municipal Corporation Act and of any Regulations for the time being in force under the said Act, or such of them as may respectively be applicable to the circumstances of the particular case and in particular it will be obligatory on him to satisfy himself that a qualified and competent Mistry or inspector of Works is constantly employed and present on the work to supervise the execution of all work and to prevent the use of any defective material therein and the improper execution of any such work.
(c) In every case in which a Licensed Technical Personnel is professionally concerned in connection with any building or work upon any premises, in respect of which a right to require a set- back has accrued or is about to accrue to the Commissioner under the provisions of the said Act, or any of them, it will be incumbent on such Licensed Technical Personnel to ascertain whether "the regular line of the street" has been prescribed and whether any portion of the said premises is required for the street or under any pertence whatever, be a party to any evasion or attempted evasion of the set-back (if any) that may be required.
(d) In every case in which a Licensed Technical Personnel is professionally concerned in connection with any building or work upon any premises designed or intended to be used or any purposes in respect of which the written permission or licence of the Commissioner, is prescribed by the said Act as a necessary condition to the establishment or use of such premises for such purpose, it shall be incumbent on such Licensed Technical Personnel, so far as his professional connection with such case extends, to see that all conditions prescribed by the said Act, or by the Bye-law for the time being in force thereunder, in respect of premises designed or intended to be applied to such use, are duly fulfilled or provided for.
(e) A Licensed Technical Personnel shall not carry out any work in connection with any building or other erection on a plot of land leased or agreed to be leased by the Municipal Corporation on contravention of any term or condition of the lease or agreement for lease.
(f) When a Licensed Technical Personnel ceases to be in the employment for the development work, he shall report the fact forthwith to the Authority.
APPENDIX C Land use classification and uses permitted
Food Products :
1. Preservation of meat, canning, preserving and processing of fish, crustacea and similar foods.
Not included
--
20 H.P.
20 persons
250 sq. m.
--
2. Manufacture of milk and dairy products such as ghee, butter, etc.
10 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
--
3. Canning and preservation of fruits and vegetables including production of jam, jelly, sauce etc.
Not included
--
20 H.P.
20 persons
250 sq. m.
--
4. (a) Rice huller
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
100 sq. m.
--
(b) Ground nut decorticators
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
100 sq. m.
(c) Grain mill for production of flour
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
100 sq. m.
--
(d) Manufacture of supari and masala grinding (in separate building)
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
100 sq. m.
--
(e) Baby oil expellers
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
100 sq. m.
--
5. Manufacture of bakery products
5 H.P.
9 persons
75 sq. m.
(i) Shall not be permitted under or above a dwelling unit
20 H.P.
20 persons
250 sq. m.
--
(ii) Operation shall be permitted only between 8.00 hrs. and 20.00 hrs.
(iii) Fuel used shall be electricity, gas or smokeless coal
6. Manufacture of cocoa, chocolate, sugar, confectionary
5 H.P.
50 sq.
--
20 H.P.
20 persons
250 sq. m.
--
7. Coffee curing, roasting and grinding
2 H.P.
9 persons
50 sq.m.
--
01 H.P.
20 persons
100 sq. m.
8. Cashewnut processing like drying Shelling, roasting, Salting etc. Not included
--
10 H.P.
20 persons
250 sq. m.
--
9. Manufacture of ice
45 H.P.
20 persons
250 sq. m.
--
Unlimited
--
10. Sugar cane & fruit juice crushers
2 H.P.
9 persons
25 sq. m.
--
2 H.P.
9 persons
25 sq. m.
--
II. Beverage and Tobacco:
11. Manufacture of soft drinks and carborated water Not included
--
20 H.P.
20 persons
250 sq. m.
--
12.
Manufacture of bidi No power to be used
As permitted
250 sq. m.
To be permitted in R2 zone only
20 H.P.
As permitted
As permitted
--
III. Textile & Textile Products :
13. (a) Handloom/Power-loom subject to a maximum of 4 looms
(b) Dyeing and bleaching of yarn for activity under 13(a)
5 H.P.
9 persons
250 sq. m.
To be permitted in R2 zone in areas designated by the Authroity
14. Printing, dyeing and bleaching of cotton, woollen and silk textiles
9 persons
50 sq. m.
15.
Embroidery and making of crape laces and frills
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
--
16. Manufacture of all types of textile, garments including wearing apparel
3 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
--
17. Manufacture of made up textile goods such as curtains, mosquito nets, mattresses, bedding material, pillow cases, textile bags, etc.
3 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
--
IV. Wood Products and Furniture :
18. Manufacture of wooden and cane boxes and packing cases Not included
--
20 H.P.
20 persons
500 sq. m.
--
Q
Manufacture of structural wooden goods such as beams, posts doors and windows
Not included
--
20 H.P.
20 persons
500 sq. m.
--
20. Manufacture of wooden furniture and fixtures
7 H.P.
9 persons
50 sq. m.
(i) shall not be permitted under or adjoining a dwelling unit
20 H.P.
20 persons
250 sq. m.
--
(ii) operation shall be permitted only
between 8-00
A.M. and 8.00
P.M.
21. Manufacture of bamboo and cane furniture and fixtures
20 H.P.
20 persons
250 sq. m.
--
22. Manufacture of wooden products such as utensils, toys artwares etc.
5 H.P.
9 persons
50 sq. m.
8-00 A.M. to
8-00 P.M.
20 H.P.
20 persons
250 sq. m.
--
V. Papers products, Printing & Publishing :
23.
Manufacture of containers and boxes from paper & paper board, paper pulp
5 H.P.
9 persons
50 sq. m.
Manufacture with paper pulp not permitted
20 H.P.
20 persons
250 sq. m.
--
24. Printing and publishing of newspaper
Not included
20 H.P.
20 persons
250 sq. m.
--
25. Printing and publishing periodicals, books, journals, atlases, maps, envelopes, printing pictures, postcards, embossings
10 H.P.
9 persons
120 sq. m.
(i) shall not be permitted under or adjoining a dwelling unit
20 H.P.
20 persons
250 sq. m.
No restriction on power, number of employees, area or hour shall apply if special permission of the Authority is obtained
(ii) operation shall be permitted only between 8-00 A.M. to 8-00 P.M.
(iii) no restrictions of power, number of employees, area or hours of operations shall apply if located in a building in separate plot not less than 500 sq. m. and if special  permission of the Authority is obtained
26. Engraving, etching, block making etc.
10 H.P.
9 persons
120 sq. m.
Operation shall be permitted only
between 8-00 A.M. and 8-00 P.M.
20 H.P.
20 persons
250 sq. m.
--
27. Booking binding
10 H.P.
9 persons
120 sq. m.
20 H.P.
20 persons
250 sq. m.
--
VI. Leather Products:
28. Manufacture of leather for footwear
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
If no power is used the maximum permissible employment  shall be 40  persons with special permission of the Authority
29. Manufacture of wearing apparel like coats, gloves etc.
5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
-do-
30. Manufacture of leather consumer goods such as upholstery suitcases, pocket books, cigarette and key cases, purses etc.
5H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
-do-
31. Repair of footwear and other leather products 5 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
If no power is used the maximum permissible employment shall be 40 persons with special permission of the Authority
VII. Rubber and Plastic Products
32. Vulcanising works 2 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
--
33. Manufacture of rubber balloons 2 H.P.
9 persons
50 sq. m.
--
20 H.P.
20 persons
250 sq. m.
--
VIII. Non-Metallic Material Products:
34. Manufacture of structural stone goods, stone dressing, stone crushing and polishing Not included
20 H.P.
20 persons
250 sq. m.
--
35. Manufacture of earthern and plaster statutes and images, toys and art-wares
To be included under R1
20 H.P.
20 persons
250 sq. m.
--
36. Manufacture of cement concrete building components, concrete jallies, septic tank, plaster of paris work, lime mortar etc.
To be included under R1
20 H.P.
20 persons
500 sq. m.
--
IX. Metal Products:
37. Manufacture of furniture and fixtures primarily of metal
Not included
30 H.P.
20 persons
250 sq. m.
--
38. Plating and polishing of metal products
Do
30 H.P.
20 persons
250 sq. m.
--
39. Manufacture of metal building components such as grills, gates, doors and window frames, water tanks, wire nets etc.
Not included
30 H.P.
20 persons
250 sq. m.
--
40. Manufacture and repair of sundry ferrous engineering products done by jobbing concerns such as mechanical work shops with lathes, drills, grinders welding equipment etc.
Do
20 H.P.
20 persons
250 sq. m.
--
41. Tools sharpening and razor sharpening works 1 H.P.
9 persons
25 sq. m.
Operation shall be permitted only between 8-00 hrs. and 20-00 hrs.
20 H.P.
20 persons
250 sq. m.
--
X. Electrical Goods :
42. Repair of household electrical appliances such as radio set, television set, tape recorders, heaters, irons, shavers, vaccum cleaners, refrigerators, air-conditioners, washing machines, electric cooking range, motor rewinding works etc. 3 H.P.
9 persons
50 sq. m.
Operation shall be permitted only between 8-00 hrs. and 20-00 hrs.
20 H.P.
20 persons
250 sq. m.
--
XI. Transport Equipment:
43. Manufacturing of push cart hand cart etc. 5 H.P.
Not included 20 H.P.
20 persons
250 sq. m.
--
44. (a) Servicing of scooters (Cl) motor cycles with no Floor above 5 H.P.
9 persons
50 Sq. m.
Operation shall be permitted only between 8-00 hrs. and 20-00 hrs.
(b) Repair of scooters and motor cycles with no Floor above (Cl). 5 H.P.
9 persons
50 sq. m.
No spray painting permitted
30 H.P.
20 persons
250 sq. m.
This includes activities under (1) and (C)
(c) Battery charging and repair 5 H.P.
6 persons
25 sq. m.
Do
45. Repair of bicycles and cycle rickshaws
5 H.P.
6 persons
50 sq. m.
Do
10 H.P.
20 persons
250 sq. m.
--
XII. Other Manufacturing and Repair Industries and Services :
46. Manufacture of jewellery and related article 3 H.P.
9 persons
50 sq. m.
Operation shall be permitted only between 8-00 hrs. and 20-00 hrs.
10 H.P.
20 persons
250 sq. m.
--
47. Repair of watch, clock and jewellery 3 H.P.
9 persons
50 sq. m.
Do
10 H.P.
20 persons
250 sq. m.
--
48. Manufacture of sports and atheletic goods Not included
20 H.P.
20 persons
250 sq. m.
--
49. Manufacture of Musical instruments and its repair No power to be used
6 persons
50 sq. m.
Operation shall be permitted only between 8-00 hrs. and 20-00 hrs.
20 H.P.
20 persons
250 sq. m.
--
50. Mass manufacture of miscellaneous products such as costume jewellery, costume novelties, feather, plumes, artificial flowers, brooms, brushes, lamp shades, tobacco pipes, cigarette holders, ivory goods, badges, wigs and similar articles Not included
Operation shall be permitted only between 8-00 hrs. and 20-00 hrs. 20 H.P.
20 persons
100 sq. m.
--
(a) Repairs of locks, stoves, umbrellas sewing machines, gas burners, buckets and other sundry household equipment 3 H.P.
9 persons
50 sq. m.
10 H.P.
20 persons
100 sq. m.
--
(b) Optical glass grinding and repairs 3 H.P.
9 persons
50 sq. m.
Do
10 H.P.
20 persons
100 sq. m.
--
52. Petrol filling stations 10 H.P.
9 persons
(i) 30 x 16.75 m
(ii) 36.5 x
30.5 m.
Plot size to be in line with I.R.C. Recommendations depending on service bay or not
10 H.P.
20 persons
(i) 3.5 x
16.75 m.
(ii) 36.5 x
30.5 m.
Plot size to be in the line with I.R.C. Recommendations depending on service bay or not
53. Laundries, Laundry services and cleaning, dyeing, bleaching and dry cleaning
4 K.W.
9 persons
50 sq. m.
(i) cleaning and dyeing fluid used shall not have flash point lower than 138 oF.
20 H.P.
20 persons
250 sq. m.
--
(ii) Operation shall be permitted between 8-00 hrs. and
20-00 hrs.
(iii) Machinery having dry load capacity of 20 Kg. and above
54. Photo processing laboratories
5 H.P.
9 persons
50 sq. m.
Operation shall be permitted between 8-00 hrs. and 20-00 hrs.
20 H.P.
20 persons
250 sq. m.
--
C-7-1. General Industries : - The General Industries shall include any building or part of building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed, for example, assembly plants, laboratories, dry cleaning plants, power plant, pumping stations, smoke houses, laundries, gas plants, refineries, dairies and saw mills.
Buildings under 1-2. shall be further sub-divided as follows :
Sub-division 1-2.1. Buildings used for low hazard industries.
Sub-division 1-2.2. Buildings used for moderate hazard industries.
Sub-division 1-2.3. Buildings used for high hazard industries.
The hazard of occupancy, shall be the relative danger of the start and spread of fire the danger of smoke or gases generated, the danger of explosion or other occurrence potentially endangering the lives and safety of the occupants of the buildings.
Hazard of occupancy shall be determined by the Authority on the basis of the character of the contents and the processes or operations conducted in the building provided, however, that where the combustibility of the building the flame spread rating of the interior finish or other features of the building or structure are such as involve a hazard greater than the occupancy hazard, the greater degree of hazard shall govern the classification.
Where different degrees of hazard of occupancy exist in different parts of a building, the most hazardous of those shall govern the classification except in as far as hazardous areas are segregated or protected.
(a) Sub-division 1-2.1. :- The sub-division shall include any building in which the contents are of such low combustibility and the industrial processes or operations conducted therein are of such a nature that there are no possibilities for as self-propogating fire to occur and the only consequent danger to life and property may arise from panic, fumes or smoke, or fire from some external source.
(b) Sub-divison 1-2.2. :- This sub-division shall include any building in which the contents or industrial processes or operations conducted therein are liable to give rise to a fire which will burn with moderate rapidity and give off a considerable volume of smoke, but from which neither toxic fumes nor explosions are to be feared in the event of a fire.
(c) Sub-division 1.2.3. :- This sub-division shall include any building in which the contents or industrial processes or operations conducted therein are liable to give rise to a fire which burn with extreme rapidity or from which poisonous fumes or explosions are to be feared in the event of a fire.
C-7.2. Special Industries :- Special Industries shall include any building or part of a building which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosions, for storage, handling, manufacturing or processing which involve highly corrosive, toxic or noxious alkalies, acids or other liquids or chemicals producing flame, fumes and explosive, poisonous, irritant or corrosive gases; and for the storage, handling or processing of any material producing explosive mixtures of dust or which result in the division of matter into fine particles subjects to spontaneous ignition. Examples of buildings in this class are those buildings which are used for:
(a) storage, under pressure of more than 1 Kg./Cm. 2 and in quantities exceeding 70 m 3 of acetylene (powerful, illuminent gas), hydrogen, illuminating and natural gases, ammonia, chlorine, phosgene, sulphur dioxide, carbondioxide, methyl oxide and all gases subject to explosion, fume or toxic hazard;
(b) storage and handling of hazardous and highly flameable liquids
(c) storage and handling of hazardous and highly flameable or explosive materials, other than liquids; and
(d) manufacture of artificial flowers, synthetic leather, ammunition, explosives and fire works.
C-7.3. Use Provisions in General Industries Zones (1 2 ) :- Subject to the provisions of C-7.5. building or premises in general industries zone may be used for any purpose except for the following:
(a) Automobiles, trucks and trailers (including parts) manufacture and engine re-building, except motor body building not employing pneumatic revetting;
(b) Air-crafts (including parts) manufacture;
(c) (i) Blast furnace;
(ii) Boiler works manufacture or repairs, excepting repairs to boilers with heating surface not exceeding 5 sq. m.:
Rolling mills;
(d) (i) Junk (iron, aluminium, magnesium or zinc) cotton waste or rags storage and baling;
(ii) Metal finishing, enamelling, anodizing, japanning, plating, galvanising, acquiring, grinding, polishing, rust-proofing and heat treatment;
(e) Hydraulic and mechanically operated forges;
(f) Cotton ginning, cleaning, refining or pressing and manufacture of cotton wadding or lint, except cotton cleaning for the purpose of preparing mattresses;
(g) Rubber (natural or synthetic) or gutta percha manufacture except manufacture of latex goods and small rubber products, and synthetic treated fabrics, such as washers, gloves, foot wear, bathing caps, atomizers houses tubings, wire, insulation toys and balls, but including manufacturing of tyres and tubes and tyre-recapping;
(h) Sugar manufacture or refining;
(i) Smelting, reduction, refining and alloying of metal and metal ores except of rare and precious metals;
(j) Metal processing including fabrication and machinery, manufacturing factories employing such machine tools or processes as power hammer, forging machine, pneumatic drilling or revetting, sheet working with heavy sledge hammers etc., or processes expressly prohibited herein;
(k) (i) Brick, tile or terra cotta manufacture;
(ii) Building materials such as prefabricated houses, composite wall boards, partitions and panels manufacture;
(iii) Concrete products manufacture including concrete central mixing and proportioning plants;
(iv) Sand, clay or gravel quarrying except under Government or Municipal Agencies or Control;
(v) Stone crushing processing and stone products manufacture, except manufacture of household ware and stone tablets and grinding of minerals for pharmaceutical or cosmetic purposes;
(l) (i) Hair, felt, fur and feather, bulk processing, washing curing and dyeing;
(ii) Jute, hemp, sisal, coir and cokum products manufacture;
(m) Flour mill with motive power exceeding 25 H.P., grain crushing or processing mill with motive power exceeding 50 H.P., masala grinding mill with motive power exceeding 15 H.P. or a combination of any of the above mills with aggregate motive power exceeding 50 H.P. and each one mill using motive power in excess of the above limits;
(n) (i) Acetone manufacture;
(ii) Acetylene gas manufacture and storage;
(iii) Acid manufacture;
(iv) Alcohol manufacture;
(v) Ammonia manufacture;
(vi) Aniline Dyes manufacture;
(vii) Asphalt manufacture or refining;
(viii) Bleaching powder manufacture;
(ix) Carbide manufacture;
(x) Caustic soda and compound manufacture;
(xi) Celluloid or cellulose manufacture or treatment and articles manufacture;
(xii) Manufacture of charcoal and fuel briquettes;
(xiii) Coke Manufacturing ovens;
(xiv) Chlorine manufacture;
(xv) Creosote manufacture or treatment;
(xvi) Disinfectants manufacture, except mixing of prepared dry ingredients;
(xvii) Distilation of bones, ceal or weed;
(xviii) Dye stuff manufacture except mixing of dry powders mixing and wet mixing;
(xix) Exterminator or pest poison manufacture, except mixing of prepared ingredients;
(xx) Emery cloth and sand paper manufacture;
(xxi) Explosive or fire works manufacture of storage except storage in connection with retail sale;
(xxii) Fat rendering;
(xxiii) Fertilizer manufacture;
(xxiv) Garbage offal or dead animals reduction, dumping or incineration;
(xxv) Gas manufacture and storage in cylinders except manufacture of gas as an accessory to a permissible industry;
(xxvi) Glass manufacture except manufacturing of glass products from manufactured glass;
(xxvii) Glue, sizing material or gelatine manufacture;
(xxviii) Graphite and graphite products manufacture;
(xxix) Gypsum or plaster of Paris manufactures;
(xxx) Hair, felt, fur and feather, bulk processing washing, curing and dyeing;
(xxxi) Hydrogen and oxygen manufacture;
(xxxii) Industrial alcohol manufacture;
(xxxiii) Printing ink manufacture;
(xxxiv) Lamp black, carbon-black or bone-black manufacturing;
(xxxv) Lime manufacture;
(xxxvi) Match manufacture;
(xxxvii) Paint, oil, shellac, turpentine or varnish manufacture except manufacture of edible oils and paint making not including turpentine or, varnish making)
(xxxviii) Oil cloth of finoleum manufacture, excepting waterproofing of paper or cloth;
(xxxix) Petroleum or its products refixing or wholesale storage;
(xl) Plastic materials and synthetic resins manufacture;
(xli) Potash works;
(xlii) Tyrexilin manufacture or products;
(xliii) Salt works except manufacture of common salt from sea water;
(xliv) Soap manufacture other than cold mix;
(xlv) Soda and compound manufacture;
(xlvi) Starch, glucose or dextrine manufacture;
(xlvii) Shoe polish manufacture;
(xlviii) Tallow, grease or lard manufacture;
(xlix) Tanning, curing or storage of raw hides or skins;
(l) Tar distillation or manufacture;
(li) Tar products manufacture;
(lii) Wood and timber, bulk processing and wood working including saw mills and mills excelsior plywood and veneer and wood preserving treatment except the manufacture of wood articles with saw or machine;
(liii) Wax products manufacture from paraffin;
(liv) Yeast plant; and
(lv) In general those uses which may be obnoxious or offensive by reason of omission of odour, liquid effluvia, dust, smoke, gas, noise, vibration or fire hazards.
Any dwelling other than dwelling quarters of watchmen, caretakers or other essential staff required to be maintained on the premises as may be allowed by the Authority.
C-7.4. Use Provision in Special Industries Zones ( I 3 ) -- In Special Industries Zone, Buildings or premises may be used for industrial and warehousing purposes only except that dwelling quarters for watchmen or caretakers or other essential staff required to be maintained on the premises and canteen and other amenities for labour, if any may be permitted to be constructed. Special written permission of the Authority shall be required for the following uses provided that the Authority may prescribe minimum size of plot, the open spaces to be maintained around and such other conditions with a view to minimise the nuisance likely to be created to the surrounding area :-
(a) Blast furnace;
(b) Aluminium, magnesium, tin, copper, zinc or iron smelting;
(c) Manufacture of photographic films;
(d) (i) Cement manufacture;
(ii) Gypsum plaster or plaster of Paris manufacture;
(e) Incineration, reduction or dumping of offal, dead animals garbage or refuse on commercial basis or the establishments of loading and transfer platforms except where restricted, regulated or controlled by duly constituted Government or Municipal authorities having the power to restrict, regulate or control the same.
(f) (i) Fertilizer manufacture from organic materials provided however, that these provisions shall not apply to the manufacture or fertilisers from previously processed materials which have no noxious odours or fumes and which do not produce noxious odour or fumes in the compounding or manufacture thereof.
(ii) Sulphurous, sulphuric, citric; nitric, hydrochloric or other corrosive acid manufacture or their use or storage except as accessory to a permitted industry.
(iii) Ammonia manufacture.
(iv) Tar distillation or manufacture.
(v) Lime manufacture.
(vi) Manufacture of explosive or inflammable products of cellulose;
(vii) Celluloid manufacture or treatment;
(viii) Chlorine manufacture;
(ix) Bleaching powder manufacture;
(x) Gelatine or glue manufacture or processes involving recovery for fish or animal offal;
(xi) Manufacture or storage of explosives or fireworks;
(xii) Match manufacture;
(xiii) Fat rendering;
(xiv) Candle or paraffin wax products manufacturing;
(xv) Fat, tallow, grease or lard refining or manufacturing;
(xvi) Manufacture of explosive or inflammable product or pyroxylis;
(xvii) Pyroxylis manufacture;
(xviii) Dyestuff manufacture;
(xix) Turpentine, varnish or size manufacture or refining.
C.7.5. Special Industrial in General Industrial Zones :- Uses permissible only in Special Industries Zone [1 3 ] those listed under C-7.4.] may be permitted with the approval of the Authority in General/Industrial zones [1 2 ], provided they are located in a building which is at least 52-5m from the boundaries of the General Industries Zones and 15m from the boundaries [other than that facing a street] of the premises.
C-7.6. Non-viable Plots in Industries Zone [1 2 and 1 3 ] :- If some plots in Industries Zones [1 and 1] become unbuildable for factory purposes because of above restrictions, the following uses may be permitted on such plots:-
(i) Petrol pumps and service station;
(ii) Parking lots;
(iii) Electric sub-station;
(iv) Building of public utility concern except residence;
(v) The branches of Scheduled Banks;
(vi) Service industries; and
(vii) Storage buildings.
C-8. Agriculture (Green) Zone :- C-8.1. The following uses shall be permitted in Agriculture (Green) Zone:
(i) All agricultural uses except stabling of buffaloes on a commercial scale subject to a limit of 10 cattle per acre, providing accessory building, tents, garages, pigsties, stables and storage buildings;
(ii) Garden and poultry farms;
(iii) Forestry;
(iv) Golf Clubs and Links;
(v) Public parks, private parks, play fields, summer camps for recreation of all types;
(vi) Brick tile or pottery manufacture in temporary building only;
(vii) Fish curing on open land/fish farming
(viii) storage and drying of fertiliser;
(ix) Public utility establishments such as electric sub-stations, receiving stations; sewage disposal, water along with residential quarters for essential staff for such works proposed to be located in the zone.
C-9. Recreational Use Zone :- C-9.1. This zone is especially set apart for public and semi-public recreational uses.
(i) All public and semi-public recreational uses including:
--Playgrounds, parks;
--Exhibitions and fair grounds;
--Picnic spots;
--Zoological and Botanical, Gardens;
--Museums;
--Aquarium, water fronts and areas of scenic interest, and national parks;
(ii) Open air theatres/Open air cinemas,
(iii) Restaurants; and motels
(iv) Public utilities;
(v) Incidental to main use and uses temporary usage for exhibition, circus, fair, festivals.
C.10. Special Reservations :- C.10.1. Special reservations shall be made for the following uses in the Development Plan;
(i) Airport;
(ii) Prisons;
(iii) Film Studios;
(iv) Cemeteries and crematorium;
(v) Stone Crusher and Quarrying;
(vi) Hospital and Sanitoria for Contagious Diseases except as provided in C-1.1 (xv);
(vii) Institutions for the insane and for Correctional Purposes except as provided in C-1.1. (xv);
(viii) Railway Marshalling Yards;
(ix) Wholesale Grain Market and Godowns:
(x) Saw Mills and Timber Depots;
(xi) Bus terminals and City Bus Depots;
(xii) Slaughter House [consult Directorate General of Civil Aviation for Bird Nuisance]
(xiii) Any use of National or International importance.
APPENDIX D Guide for Requirements of Low Income Housing
APPENDIX - (Regulation No. 7.3.1.3.)
APPENDIX - D
(Regulation No. 7.3.1.3.)
Guide for Requirements of Low Income Housing
D.0. General:
D.0.1. The Housing Ministers Conference held in 1975 recommended that certain requirements for low cost housing be prepared by I.S.I, low cost housing is difficult to define. It is therefore not possible to indicate the cost of this type of housing in comparison to the existing type of housing. It is understood that around 65% of the urban population in India have a family income less than Rs.350/- per month and 15 per cent of the population have a family income between Rs.350/- and Rs.600/- per month and 50 per cent have a family income less than Rs.200/- In such a low income, a very large portion of this would be required for their actual needs of living and therefore it would be very difficult for this type of family to set apart anything more than 5 per cent of their income for housing. It is therefore felt that this guide should consider the requirements of such a population which really cannot afford a house as opposed to low cost housing wherein the income is quite high compared to others and can afford housing. Hence the approach of this guide has been directed towards housing for the low Income as indicated here. The attempt therefore made in this guide is to find out how far low the requirements of housing can be brought down without jeopardizing certain safeties, namely fire safety, health safety and structural safety. It will, therefore, be noted that in this guide the requirements regarding structural safety, health safety and fire safety have been specified to be in accordance with the National Building Code whereas certain relaxations have been attempted in the planning and general building requirements.
D.0.2. The guide forms part of the code. Based on experience in use it is proposed to revise the guide.
D.0.3. It is generally felt that planning and general building requirements would have an important bearing on the cost of construction. Therefore, this aspect has been examined at length and some relaxation vis-a-vis the provisions of National Building Code and also the generally understood planning forms according to master plans available have been recommended. This therefore, leads to apparently high densities which are quite possible and achievable. One or two exercises have been already carried out based on these densities. However, in these planning standards the general master plan requirements for open spaces estimated at 0.3 ha. for thousand persons is provided; road areas are worked out between 10 to 20 per cent of the side area; one nursery school of 0.1 ha is provided for a population of 1,500 and shopping centres at 4 shops per thousand population is also covered, it would, therefore, be seen that even for apparently high densities, the basic requirements and community facilities are also taken care of.
D-0.3.1. It is emphasized that this type of development should apply to clusters of 400 dwelling units, so disturbed in the development under consideration to maintain the overall densities of the master plan for the area [See note 1 of Table 8]
D-0.3.2. This guide discourages plotted development since it would cost more in terms of land, except in case of incremental housing and also site and services schemes. Instead, recommendations have been made for row-housing and group housing.
D-0.3.3. In so far as reduction in general building requirements are concerned, though it is difficult to justify all the relaxations made in their totality; it is felt that in the interest of cost of construction, without sacrificing any safeties mentioned, some relaxations could be attempted. This must be clearly understood in the use of this guide and to that extent comfort would be reduced.
D-0.3.3.1. Further, it must be emphasized that the relaxation given are temporary in nature and they reflect the present day economic conditions. This guide would be kept under constant review and revised provisions may have to be brought out from time to time based on experience resulting from implementation of the guide.
D-0.3.4. To get the maximum benefit out of the relaxations, mass housing schemes may be considered for such type of housing so that system building and other techniques would become possible, where necessary, and cost of construction reduced.
D.0.3.5. This guide applies essentially to permanent structures except in the case of site and services scheme.
D-0.3.6. For maintaining and preserving the environment so created by this housing, it is necessary that the authorities themselves assume the responsibility of management of the open spaces. In the event it is not always possible to do so appropriate co-operative societies or other mechanisms could be attempted to see that the open spaces provided are utilized for the purpose for which they are meant.
D-0.3.7. In so far as specifications for low income housing is concerned, it is felt that the National Building Code gives a variety of specifications among which the cheaper ones could be chosen where desired. Therefore no attempt is being made to recommend any particular specification for this type of housing; it is entirely up to the public agency to decide what specifications they would provide in relation to the total cost of the unit keeping in view the performance requirements.
D-0.4. In preparing this guide, it is pointed out that this should be applicable.
(a) to layout planning of low income housing colonies by Public Agencies/Government Bodies;
(b) to designing and construction of building under low income housing either by Public Agencies/Government Bodies or by Private Builders.
Note 1 :- The guide does not cover the needs of rural housing.
Note 2 :- The provisions of the guide should be applicable to ownership housing.
D-0.5. This guide provides for incremental housing. They would mean that in the case of housing for low income groups where the construction of a unit cannot be completed at one time, depending on the resources of the family they should be permitted to add another room at a later stage. For this purpose it has been felt necessary to give scope for incremental housing which would permit both horizontal and vertical increments.
D-0.6. The Housing Ministers' Conference had also recommended that some guide could be drawn upon site and services schemes. It is felt that site and services schemes should generally follow the pattern of low income housing and therefore it is suggested that the plot size should be limited to 40 sq.m. in normal areas and 25 sq.m. to 30 sq.m. for metropolitan cities and the services should be provided by the public agencies. Here again, the road and pathways have been brought down to the level recommended for low income development.
D-0.6.1. Having provided site and services, the authorities may decide to provide wherever possible a skeletal structure of four columns and a roof or a developed plinth so that the owner of the site could build up the rest depending upon his resources. Here again, the question of maintenance of open spaces and services would be of great importance and the public agency should take responsibility for the same.
D-1. Scope : D-1.1:- This guide covers the planning and general building requirements of low income housing developed as clusters [see Table 8].
D-1.2. The provisions of this guide of layout planning of low income housing colonies are applicable to Public Agencies/Government Bodies.
D-1.3. The provisions of this guide on design and construction of buildings for low income housing in approved layouts (See D-1.2.) are applicable to Public Agencies/Government Bodies or Private Builders.
D-2. Terminology : D-2.0 :- For the purpose of this guide, the following definitions shall apply:
D-2.1. Cooking Alcove :- A cooking space having direct access from the main room without any inter communicating door.
D-2.2. Covered Area :- Ground area covered immediately above the plinth level covered by the building but does not include the space covered, by:
(a) garden, rockery well and well structures, plant nursery, water pool, swimming pool (if uncovered) platform round a tree, tank, fountain, bench, chabutra with open top and unenclosed on sides by walls and the like;
(b) drainage culvert, conduit, catch-pit, gully pit, chamber, gutter and the like; and
(c) compound wall, gate, unstoreyed porch and portico, slide, swing uncovered staircases, area covered by Chajja and the like.
D-2.3. Density :- The residential density is expressed in terms of number of dwelling units per hectare.
Incidental open spaces are mainly open spaces required to be left around and in between two buildings to provide light and ventilation.
D-2.4. Dwelling Unit :- Independent housing unit with separate facilities for living, cooking, and sanitary requirements.
D-2.5. Group Housing :- Group or multi-storeyed housing for more than one dwelling unit, where land is owned jointly as in case of co-operative societies or the public agencies such as local authorities or housing boards etc. and the construction is undertaken by one Agency/Authority.
D-2.6. Height of Building :- The vertical distance measured in the case of flat roofs, from the average level of the centre line of the adjoining street to the highest point of the building adjacent to the street wall; and in the case of pitched roofs, upto the point where the external surface of the outer walls intersects the finished surface of the sloping roof; and in the case of gables facing in the road mid point between the eaves level and the ridge. Architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not about on a street, the height shall be measured above the average level of the ground around and contiguous to the building.
D-2.7. Room Height :- The vertical distance measured from the finished floor surface to the finished ceiling/slab surface.
D-2.8. Raw Housing:- A row of houses with only front, rear and interior open spaces.
D-3. Planning : D-3.1. :- Type of Development :- The type of development for low income housing shall be plotted development as row-housing flatted development as row-housing/black development as group housing.
D-3.2. Density :- The maximum density, in dwelling units/hectare shall be as given in Table 8.
TABLE 8
Maximum Densities for Low Income Housing
Sl. No.
Density in Dwelling Units/ha for plinth Area of
Unit of,
No. of storeys
20 sq. m.
30 sq. m.
(1)
(2)
(3)
(4)
(i)
130
85
1
(ii)
250
170
2
(iii)
300
225
3
(iv)
350
260
4
(v)
400
300
5
D-3.3. Size of Plot/Plinth Area :- The minimum plot size shall be as follows, with a coverage not exceeding 75%.
Minimum Plot Size
Type of Development
30 m. 2
Incremental housing with one room, cooking space and combined bath a bath on the first floor/ground floor.
40 m. 2
Two roomed house on each floor for group housing/individual ownership house.
D-3.3.1. Minimum Frontage :- The minimum frontage of 3.6 m. is desirable. For an economical layout, group housing appears to be a good solution. But if plotted development is to be adopted and if there are occasions when sufficient frontage is not available, the same may be reduced to 3 m.
D-3.4. Height of Building :- The height of building shall not exceed 15 m.
Note :- For buildings up to this height of 15 m., there is no need to provide lifts.
D-4. General Building Requirements :- D-4.1. : - The provisions contained in Part III General Requirements of the National Building Code of India shall apply excepting for the specific provisions made in D-4.2. to D-4.7.
D-4.2. Plinth :- The minimum height of plinth shall be 30 cm. from the surrounding ground level.
D-4.3. Size of Room:- (a) Habitable Room:
(i) in the case of one-roomed house, the size of the multipurpose room including space for cooking shall be not less than 12.5 sq.m. with a minimum width of 2.4.m.
(ii) in the case of two-roomed house, the size of a room shall not be less than 6.5 sq. m. with a minimum width of 2.1 m. provided the total area of both the rooms is not less than 16 sq. m. in case of incremental housing to be developed as a future two roomed house, the first room shall not be less than 9.5 sq. m. with a minimum width of 2.4. m.
(b) W.C/Bath room:
(i) size of independent water closet shall be 0.9 x 1.0 m.:
(ii) size of independent bath shall be 1.0 m x 1.2 metres;
(iii) size of combined bath and water closet shall be 1.0 m. x 1.8 m. and this may be permitted in one roomed house.
(c) Kitchen :- The size of a cooking alcove serving as cooking space shall not be less than 2.4 sq. m. with a minimum width of 1.2 m. The size of individual kitchen provided in two roomed house shall not be less than 3.3 sq. m. with a minimum width of 1.5 m.
(d) Balcony :- The minimum width of individual balcony, where provided, shall be 0.9 m.
D-4.4. Minimum Height :- The minimum height of rooms/spaces shall be as follows:
(a) Habitable room.................................2.6 m.
(b) Kitchen............................................. 2.4 m.
(c) Bath/W.C......................................... 2.2 m.
(d) Corridor.............................................2.1 m.
D-4.4.1. In the case of sloping roofs, the average height of roofs for habitable rooms shall be 2.6 m. and the minimum height at eaves shall be 2.0 m.
D-4.5. Lighting and Ventilation :- The openings through windows ventilators and other openings for lighting and ventilation shall be as follows:
(a) One-tenth of the room floor area for dry-hot climate.
(b) One-sixth of the room floor area for wet-hot climate.
D-4.6. Stairs :- The following criteria shall be adopted for internal individual staircase.
(a) Minimum width:
(i) 2 storeyed--straight...............................................0.60 m.
(ii) 2 storeyed--winding............................................0.75 m.
(iii) 3 or more storeyed--straight............................0.75 m.
(iv) 3 or more storeyed--winding...........................0.90 m.
(b) Riser:..........................................................................20cm. maximum.
(c) Tread:
(i) 2 storeyed..............................................................22.5 cm. minimum
(ii) 3 storeyed, or more............................................25 cm. minimum.
(d) Head Room :- The minimum clear head room shall be 2.1 m.
D-4.7. Circulation Area : - Circulation area on any floor including staircase shall not exceed:-
--2.0 sq. m. per unit where 4 dwelling units are grouped around a staircase.
--4.0 sq.m. per unit where 2 dwelling units are grouped.
D-5. Roads and Path Ways :- D-5.1 :- The area and roads and path ways in such housing projects should normally not exceed 20% of the total land area of the project.
Access to the dwelling units, particularly where motorised vehicles are not normally expected should be by means of paved foot paths with a right of way of 6 m. and a path way of 2 m. only. The right of way should be adequate to allow for the plying of emergency vehicles and also for roadside drains and plantation.
Where motorable access ways are not provided and pedestrian pathways are provided, the minimum width of such pedestrian pathway shall be 4 m. which shall not serve more than 50 m. and 8 plots on each side of the pathway.
D-6. Other Requirements :- D-6.1. :- Requirements of fire safety, structural design, building services and plumbing services shall be as per National Building Code of India.
D-6.2. One water tap per dwelling unit may be provided, where adequate drinking water supply is available. If supply is inadequate, public hydrants shall be provided. In the absence of piped water supply, it would be done through hand pumps.
The infrastructural services shall be provided before the plots are handed over to individual owners.
D.7. Site and Services Schemes :- D-7.1 :- The developed plot sizes shall be as per D-3.3. Services would have to be laid by the Agency concerned as per the provisions of National Building Code. In so far as roads and pathways are concerned they could also be in time with D-5.
D-7.2. Site and services schemes shall provide for the following:
(a) The complete infrastructural needs for a permanent housing:
(b) A service sanitary core in the plot;
(c) A skeletal structure of columns and roof or a developed plinth; and
(d) Permission to allow temporary construction on the plot.
APPENDIX E APPENDIX E
APPENDIX - [Modified as]
APPENDIX - E
[Modified as]
Sl.No.
Type of Industry Maximum H.P. and Employees to be permitted
(1)
(2)
(3)
1. Wax Candles Without H.P. subject to a limit of 5 employees
2. Book Binding & Printing Press Upto 3 H.P. subject to a limit of 5 employees
3. Embroidery and tailoring
Do
4. Readymade Garments
Do
5. Agarbathies
Do
6. Radio repairing shops Upto 3 H.P. subject to a limit of 5 employees
7. Basket weaving
Do
8. Coffee Grinding
Do
9. Bangles Making
Do
10. Hosiery and Dress making
Do
11. Coirmat and rope weaving
Do
12. (a) Handlooms (cotton or silk or any synthetic fibres)
Do
(b) Chewing gum and Supari
Do
13. Stationery articles like file pads etc.
Do
14. Toy making (without using unflammable materials)
Do
15.
Khadi (Metal charkas)
Do
16. Lime (Motor lime mixer power driven)
Do
17. Fruit processing and preservation (Pulp making, mixture sealing and filling machine etc.
Do
18. Carpentary
Do
19. Shoe and chappal making with finished leather (does not include any kind of process of tanning)
Do
20. Gold Smithy and guilded metal ornament
Do
21. Flour Mill
Do
22. Printing Press
Do
HYDERABAD MULTI-STOREYED BUILDING REGULATIONS, 1981
In exercise of the powers conferred by sub-section (1) of Section 59 of the Andhra Pradesh Urban Areas (Development) (Act, 1 of 1975) the Hyderabad Urban Development Authority with the previous approval of the Government hereby makes the following Regulations namely
Regulation 1 Short title extent, and commencement
(i) These regulations may be called the Hyderabad Multi-storeyed Buildings Regulations, 1981.
(ii) They shall extend to the Development area of Hyderabad.
(iii) They shall come into force on such date as the State Government may by notification in the Andhra Pradesh Gazette appoint.
Regulation 2 Definitions
In these regulations unless there is anything repugnant in the subject or context:-
(i) 'Authority' means the Hyderabad Urban Development Authority.
(ii) 'Corporation' means Municipal Corporation of Hyderabad.
(iii) 'Floor area ratio' means the quotient obtained by dividing the total covered area (Plinth area) on all floors by the area of the plot: Total covered area of all floors Floor area ratio = _______________________________________ Plot area
(iv) 'Height of Building' means the height measured from the average level of the Central line of the Street on which the site abuts:
(a) in case of flat roof, up to skyward surface of the roof.
(b) in case of pitched roof, upto the tie beam of the roof.
(v) 'Multi-Storeyed Building' means and includes all buildings with more than four floors (including the ground floor) or whose height is 15 metres or more, measured from the average level of the Central line of the street on which the site abuts, provided that staircase rooms, lift rooms, chimneys and elevated tanks above the top most floor and architectural features shall not be included in the number of floor in calculating the height of buildingThe total height of such additional construction shall not exceed the average floor height of the building.
Regulation 3 Application of Regulations
(a) All Multi-storeyed buildings are prohibited in certain restricted Zones as stated in Appendix- A.
(b) Every Multi-storeyed building to be constructed, reconstructed, added or altered and situated within the Development Area of Hyderabad but outside the restricted Zones as per Appendix-A, shall comply with these special regulations in addition to the Hyderabad Municipal Corporation Building Bye-Laws, 1981, Zoning regulations and any other bye-laws and/or regulations in force.
Regulation 4 Application for approval of Sites and Buildings
Every application for approval of a site and for permission to construct or re-construct, or and or alter a Multi-storeyed building made shall be accompanied by the following particulars in addition to the particulars required under Building Bye-Laws:
(i) Site plan showing:-
(a) the existing and proposed buildings in relation to the boundaries of the site and in relation also to height and premises within a distance of 100 metres of the site;
(b) The means of access from the street or streets to all the buildings existing and proposed in the site, to the parking spaces, and facilities provided in the site for scavenging and fire protection;
(c) the spaces to be left around the building for access, parking, circulation, air, light and amenity;
(ii) Building plan showing
(a) Floor plan of all floors and covered area, indicating clearly the size and spacing of all farming members and sizes and arrangement of rooms and the position of stair-cases, ramps and lift wells.
(b) the general layout of the column and load bearing walls showing the estimated loads, including moments and torques coming on the foundations units;
(c) Longitudinal cross-sections of the building to show size of footings, basement and superstructure, farming members and details of building and room heights, and of staircases, etc.
(d) in the case of constructions using steel structures complete design drawings, showing sizes, sections and relative location of the various steel members, floors levels, column centres and off-sets.
(e) in the case of prefabricated buildings, drawings describing the elements of the structure or assembly including all required data of physical properties of component materials with details of joints to an enlarged scales, location of services such as installation of pipes, wiring or other accessories in site or in the prefabricated element and location of handing arrangements for lifting and handing the prefabricated elements;
(f) Plans and sectional details of water supply and sewage systems for the building.
(iii) Detailed specifications, giving
(a) Type and grade of the materials to be used;
(b) detailed computations and stress diagram to show the sufficiency and corrections or the design;
(c) type and condition of soil or rock to which the foundation transfers the loads.
Regulation 5 Approval of Director of Fire Services, fees and cases prior Clearance of Director of Fire Service of Andhra Pradesh, Hyderabad
(1) All the building plans showing the necessary fire protection and fire fighting requirements as per these regulations shall be submitted to the Director of Fire Services, Andhra Pradesh, Hyderabad for their clearance before the Building Plans are approved by the local body.
(2) After necessary permission for construction is granted, Fire Officer not below the rank of Divisional Fire Officer, should inspect the building along with the Chief Engineer, MCH/his nominee or Chief Engineer, BDA/his nominee as the case may be during the course of construction to ensure that the prescribed Fire Precautionary and Fire Protection of measures, as suggested earlier are being implemented.
(3) A certificate that necessary fire safety requirements have been fulfilled shall also be obtained from the Director of Fire Services, and submitted by the Buildings/Owners before they approach the BDA or Municipal Corporation of Hyderabad, as the case may be for necessary occupancy certificate.
(4) The Builders/Occupiers/Owners shall allow the fire protection and fire fighting installations to be inspected by the officers of Director of Fire Services, Andhra Pradesh, Hyderabad, MCH/BDA who shall enter their observations in the register maintained with Director of Fire Services, Andhra Pradesh, Hyderabad and in the building itself, in the prescribed formIn case any installations are not in a fit condition the inspecting officers shall issue a notice to the Builder/Owner/Occupier to comply with the regulations and improve the installation as prescribed in the notice.
(5) Plans of the building, floorwise shall be exhibited in the Fire/Control Room/Entrance Lobby of the ground floor of the building and also in the fire station in whose jurisdiction the building lies.
(6) At the time of application to the Director of Fire Services for approval under these regulations the Builder/Owner shall pay an amount calculated at the rate of Rs.5 per Sq.Mof sanctioned build-up areas of each building subject to a minimum of Rs.25,000 to the Fire Precaution Funds as per prescribed procedure The entire amount shall be refundable without any interest in case the building proposal is subsequently, dropped.
(7) For areas outside Municipal limits, Bhagyanagar Urban Development Authority shall be substituted for Municipal Corporation of Hyderabad.
Regulation 6 Conformity to National Building Code of India, 1970
(1) In so far as the determination of sufficiency of all aspects of structural design, building services, plumbing, fire protection, practices and safety are concerned, specifications, standard and code of practice recommended in the National Building Code of India, 1970, shall be fully conformed to, and any breach thereof shall be deemed to be a breach of the requirements under these regulations.
(2) In so far as sufficiency of all aspects of structural design is concerned, the specifications, standards, and all other details given in Part VI of the National Building Code of India, 1970 shall in particular be fully conformed to.
Regulation 7 Fire Safety, Detection and Extinguishing System
(1) The Municipal Corporation of Hyderabad shall, while according their approval or permission follow the code of practice and standard requirements recommended by the National Building Code of India, 1970.
(2) All buildings in their design and construction shall be such as to contribute to and ensure individually and collectively the safety of life from fire, smoke, fumes and panic arising from these or similar other causes.
(3) In building of such size, arrangement or occupancy that a fire may not itself provide adequate warning to occupants, automatic fire detecting and alarm facilities shall be provided where necessary to warn occupants of the existence of fire, so that they may escape, or to facilitate the orderly conduct of fire exit drills.
(4) Fire protecting and extinguishing system shall conform to accepted standards and shall be installed in accordance with good practice as recommended in the National Building Code of India, 1970 and to the satisfaction of Directorate of Fire Services.
Regulation 8 Means of Access and Circulation
(a) There shall be a clear access way of not less than 5 metres in width separately for entrance and exit, as a means of access to and from the building or buildings within the site, provided that where a site does not abut on a street the means of access to the site shall be not less than 12 metres from the existing public street.
(b) The access so provided, shall be maintained free from any obstruction or overhead or projection from the building below a height of 3 metres from the level of such access way.
(c) The space so set apart as means of access shall be separately distinguished from any house, gully or open space for amenity requirements prescribed under these regulations.
(d) Every such means of access shall be made drained and lighted to the satisfaction of the Commissioner and manhole covers or other drainage, water supply or any other fittings laid in such means of access shall be flushed with the finished surface level so as not to obstruct safe travel over the same.
(e) Any person who undertakes any construction, reconstruction, addition or alteration to any building shall not reduce to any building previously existing below the minimum width prescribed under these regulations.
(f) Exits and Means of Access:
(i) Every building meant for human occupation shall be provided with exits sufficient to permit safe escape of occupants in case of fire or other emergency.
(ii) An exit may be a doorway, corridor, passageway to an internal staircase or external staircase or to a varandah or roofs or terraces having access to the street or a staircase
Explanation Lifts and escalators shall not be considered as exits.
(iii) Exits shall be so arranged so as to provide continuous means of access to the exterior of a building or an exterior open space leading to a street, without passing through any occupied unit.
(iv) Exits shall be so located that the travel distance on the floor shall not exceed 22 metres in the case of residential and public buildings and 30 metres in the case of commercial, industrial and other buildings There shall be atleast two exits serving every floor and atleast one of them shall lead to a staircase
Explanation Travel distance means the distance from any point in the floor area to any exit measured along the path or egress except that when floor areas are subdivided into rooms used singly or suites of rooms and served by corridors or passages, the travel distance may be measured from the corridor entrance of such rooms of suites to the nearest staircase or varandah having access to the street.
(g) Width of any exit shall not be less than 100cmand shall be determined for the total number of occupants as specified in the following tableThe unit of exit width for measuring the capacity of exits shall be 50cmA clear width of 25cmshall be counted as an additional half unit and any width less than 25cm shall not be counted for calculating exit widths.
Regulation 9 Floor Area Ratio and Maximum Plot Coverage
Unless otherwise specified by the Zonal Development Plan, wherever applicable, the maximum Floor area ratio and the maximum permissible plot coverage for different occupancies shall be as in the following table.
Explanation
(i) The Zonal Development Plans will indicate specific Floor Area Ratio (FAR) for different areas within the Zones which will be applicable wherever a Zonal Development Plan is notified.
(ii) The following services and structures shall not be included in the determination of the floor area ratio (FAR) and maximum plot coverage:
(a) A basement or cellar and space under a building constructed on splits and used as parking space, and air conditioning plant room used as occupancy to the principal use.
(b) Electric cabin or sub-station, watchman's booth, pump house and garbage shaft.
(c) Staircase room and lift rooms above the topmost storey, architectural features, chimneys and elevated tanks; and
(d) Non-saleable common areas such as staircase rooms, lifts, lobbies attached to them and balconies not exceeding 1.25 metres in width.
Regulation 10 Open Spaces
(i) Open spaces around and about the building
(a) There shall be a permanent open space, forming an integral part of the site and of a minimum extent specified in this regulation, between each of the boundaries of the site and the building proposed within the site.
(b) The extent of the open spaces specified in the above sub-regulation which shall be co-extensive with the site boundaries shall be as follows:
(i) For heights of buildings above 10mand upto 25min addition to the minimum open spaces required for height of 10mthere shall be an increase in the minimum open space at the rate of one metre per every 3mor fraction thereof for heights above 10m For heights of buildings above 25mand upto 30mthere shall be minimum open spaces of 10m.
(c) The space, specified, above, shall be kept open to the sky and free from any structure other than a fence or compound wall in the ground floor and a balcony or sun-shade of not exceeding 1.25 metre in width.
(d) Provided that these open yards may be used for purposes like playground tot-lot, lawns, gardens, wooded area and it should not be used for parking of vehicles.
(e) Provided that where the site abuts two roads, the open spaces specified shall be provided along the two site boundaries abutting these roads.
(f) Provided further where the site does not abut on to any public street, the open spaces specified shall be provided between any two boundaries of the site and the building.
(ii) Space between Multi-storeyed Buildings For a scheme of Multi-storeyed Buildings (Where two or more blocks are proposed in the same scheme) the open spaces between the buildings shall be not less than 1/2 the height of the tallest building.
(iii) The following table shall be followed for determining open spaces for different heights: Height of building
Open space required
15 metres and above
..........................
6.0 metres
16 metres and above
..........................
6.4 metres
19 metres and above
..........................
7.4 metres
22 metres and above
..........................
8.4 metres
25 metres and above
..........................
9.4 metres
25 metres to 30 metres
..........................
10 metres
Regulation 11 Height of Buildings
(a) The height of any Multi-storeyed building permitted under these regulations shall not exceed 30 metres.
(b)
(i) Every Multi-storeyed building erected shall be provided with atleast one lift in addition to the required staircase;
(ii) The Commissioner, M.C.Hmay insist on more than one lift in each case on merits with reference to height, number of families, floor space use to which the building is put to;
(iii) Water-storage tanks and pumps of approved size shall be provided and maintained in working order.
(iv) The number and other specifications of the lifts and staircases shall be in accordance with the National Building Code of India, 1970.
Regulation 12 Parking and Parking Facilities
(i) For the use of the occupants and of persons visiting the premises for the purposes of profession, trade, business, recreation or any other work, parking space and parking facilities shall be provided within the site, to the satisfaction of the Commissioner, Municipal Corporation of Hyderabad, Vice-Chairman, BDA and conforming to the standards specified in Appendix B' to these regulations; and (b) Necessary provision shall also be made for the circulation of Vehicles gaining access to and from (i) the parking spaces and facilities and (ii) the premises, into the street;
(ii) The parking spaces and facilities provided under this regulation shall be maintained as such to the satisfaction of Commissioner, M.C.HVice-Chairman, BDA and conforming to any bye-law that may be made by the Corporation/BDA from time to time in this regard.
Regulation 13 Architectural Control
(1) The design and plans of the building shall be made and countersigned by a qualified civil or structural Engineer and an Architect who should possess the qualifications referred to in the :Indian Architect Act" and required by Municipal Corporation of Hyderabad.
(2) The design and plan shall be scrutinised by a Committee comprising of the following members, with suitable suggestion, if any, for sanction by M.C.H.:-
(i) Chief Engineer, Municipal Corporation of Hyderabad/BDA.
(ii) Chief City Planner, Municipal Corporation of Hyderabad.
(iii) Director of Town Planning, Government of Andhra Pradesh or his nominee.
(iv) Chairman of Hyderabad Regional Chapter of the Indian Institute of Architects.
(v) Chief Town Planner of Bhagyanagar Urban Development Authority:
Provided that when the Chairman of Hyderabad Regional Chapter of the Indian Institute of Architects himself has made designs and plans for building under construction, it will be sufficient if the other three members of the panel approve the design and plans.
(3) The Chief City Planner, Municipal Corporation of Hyderabad shall be the Convenor of the above Committee.
(4) Any suggestions or alterations recommended by the Panel shall be incorporated in the Plans and shall conform to these regulations.
Regulation 14 Areas for Multi-storeyed Buildings
(1) Any construction, reconstruction, alteration or addition of or to a Multi-storeyed building, shall be permitted only within the area approved for the construction of multistoreyed buildings in any development plans of Bhagyanagar Urban Development Authority (BDA) or the Municipal Corporation of Hyderabad (M.C.H.) and shall not exceed the maximum number of storey or maximum height prescribed for the individual areas.
(ii) The minimum extent of site for construction of a multistoreyed building shall be not less than 2,000 sq., mtrs., in extent and should have the shortest side, not less than 24 metres and shall either abut a street not less than 12 mtrs, in width, or gain access from a public street of a width of not less than 12 mtrsthrough a passage of not less than 12 metres:
Provided that the height of multi-storeyed building shall be regulated with reference to the extent of the site as given hereunder: Height of the building
Minimum extent of the site
Upto 25 metres
.................
2,000 sq. mtrs.
Above 25 metres and upto 30 metres
.................
2,620 sq. mtrs.
Regulation 15 Generators
A generator shall be installed to supply-power to staircase, corridor and compound lighting circuits, fire lift (s), pressurisation blowers, smoke extraction and damper system in case of failure of electricity supplyThe generators shall be capable of taking starting current of all machines and circuits stated above simultaneouslyWhere parallel LT/HT supply is providing with appropriate emergency services a stand-by generator need not be provided.
Regulation 16 Fire Alarm System
Fire alarm system as described as below shall be installed;
(i) A push switch shall be installed on all floors in the lift lobby and shall be enclosed in a wooden box with a glass front which shall be duly marked "Fire Alarm".
(ii) There shall be a special electric bell (Fire Guage) of distinctive character prescribed by Fire Brigade on each floor.
(iii) All such bells and switches shall be so connected in such a way that all bells would start functioning if any of the push button of the fire alarm is operated.
Regulation 17 Water Supply
Every multi-storeyed building shall be provided with under-ground sump and overhead tank for the provision of water supply to the inhabitants at the rate of 40 gallons per capita per day (on the basis of 5 family members per flat)Every building should be provided with adequate water supply exclusively for fire fighting by providing a static water tank of sufficient capacity on the ground and a separate over-head tank.
Regulation 18 Tot-lot, Recreation Space and Tree-Planting
(1) For a scheme of multi-storeyed building (where two or more blocks are proposed in the same scheme) clear open space should be provided as tot lots at the rate of 1 sq.mtr per personThis will be in addition to the space required between the blocks and will exclude the pathways and internal roads.
(2) The site will be planted with atleast 1 tree per 100 square metres the total site area.
Regulation 19 Power of Government to exempt
(1) No Regulation shall be relaxed and applications or representations for the grant of relaxations from any of these regulations received by the Government after the 31st May, 1987, shall not be considered.
(2) Notwithstanding anything in Regulation No.19.1 it shall be lawful for the Government to consider wholly or partially on the merits of each case, the applications or representations for the grant of relaxations from the provisions of any of these regulations received prior to the 31st May, 1987, in respect of the cases of unauthorised constructions made in violation of these regulations before the 31st May, 1987 and detected either before or after the said date or the applications or representations for the grant of relaxations from these regulations received with reference to the directions from the courts or the applications or representations in respect of the properties affected by the road widening schemes undertaken by the Municipal Corporation of Hyderabad, the Hyderabad Urban Development Authority or any other Government agency, subject to the payment of the compounding fees to the Authority as indicated in the following table: Sl.
No. Nature of violation
In case development or building is already made or started unauthorisedly
(1)
(2)
(3)
1. Violation of the stipulated FSI excess coverage of built-up area and the encroachment into the mandatory open-spaces to be provided in and around the building relating to ground floor only.
Rs.100/- per sq. ft. or extra FSI or extra coverage built over and above the permissible limits.
2. Violation of the stipulated FSI, excess coverage of built-up area and the encroachment into the mandatory open spaces to be provided in and around the Building relating to upper floors.
Rs.50/- per sq. ft. of extra coverage built over and above permissible limits.
3. Providing less parking area than stipulated in the regulations.
Rs. 200/- per sq. ft. of shortage of parking area.
4. Conversion of covered parking space into living space.
Rs. 250/- per sq. ft.
5. Conversion of covered parking space into shops for Commercial or other uses.
Rs. 500/- per sq. ft.
6. Conversion of residential building or flats into office building or other uses.
Rs. 50/- per sq. ft.
(3) The extent of relation to be granted by the Government for the cases referred to in sub-regulation (2) (except Regulations 8, 10 (ii) and (iii) and 11) shall be as follows :-
Sl. No.
Plot Area
Extent of relaxation for residential buildings
Extent of relaxation for non-residential buildings
Extent of relaxations for other buildings or uses
(1)
(2)
(3)
(4)
(5)
1. Less than 250 Sq. Mts. No limit
Upto 60%
--
2. Between 250 & 500 Sq.Mts.
Upto 50%
Upto 40%
--
3. Above 500 Sq. Mts.
Upto 30%
Upto 20%
--
4. For religious uses
--
--
Upto 60% irrespective of the area of the plot
5. Parking spaces for residential buildings or flats
--
--
Upto 30%
6. Parking spaces for offices, commercial and non-residential buildings.
--
--
Upto 20%
(By order and in the name of the Government of Andhra Pradesh)
APPENDIX A APPENDIX
APPENDIX
APPENDIX-A
[Vide Regulations 3(1)]
The following areas are demarcated as Restricted Zones for Multistoreyed Buildings in Hyderabad and Secunderabad Cities as per Regulations 3(a) of Multi-storeyed Building Regulations, 1981, Hyderabad.
ALL MULTI-STOREYED BUILDINGS AREA PROHIBITED IN THESE ZONES
I. Central area, covering parts of Planning Zone Nos. 6 & 7.
(a) M.C.H. Ward Nos. 4, 5, 11 and 15 (Complete).
(b) M.C.H. Ward No.(1) Blocks 1, 7 and 8.
(c) M.C.H. Ward No.(3) Blocks 2, 3 and 4.
II. (a) Areas around Charminar [Part of Planning Zone 10]:
M.C.H. Ward Nos. 20, 21, 22 and 23 (Complete).
(b) Falaknuma Area :
M.C.H. Ward No.19(Part) Block No.4 (Complete)
III. (a) Karwan and Jiaguda Area:
M.C.H. Ward No.13(Part) Block Nos. 1, 2, 3, 4 and 5 (Complete)
(b) Golconda Fort Area:
M.C.H. Ward No.9 (Part) Block Nos. 1, 2, 3, 4, 6, 8, 10 and 11 (Complete)
IV. Secunderabad Area;
M.C.H. Ward Nos. 1 (Part). II, III and IV (Complete)
Block Nos. 1, 2, 3, 4, 5, 6 and 7 (Complete)
V. Asmangad Area;
M.C.H. Ward No.16 (Part) Block No.2 (Complete)
VI. Air Funnel Area
APPENDIX B APPENDIX
APPENDIX
APPENDIX-B
[See Regulation 12]
Sl.No.
Land and building use
Number of units of parking space to be provided
(1)
(2)
(3)
1. Residential
(i) Multi-family residential One unit of 17 sq. mts. for 200 sq. m. of floor area
(ii) Lodging establishment tourist homes and hotels with lodging accommodation One unit of 20 sq. mts. for every 200 sq. mts. for first 1,000 sq. mts. and one additional unit for every 100 sq. mts. of floor area exceeding 1000 sq. mts.
(iii) Restaurant (High Class Delux type)
2. Educational
One parking space for 100 sq. mts. carpet area or fraction thereof of the Administrative Office areas and public service areas.
3. Institutional (Medical)
One parking space for 20 beds.
4. Assembly
One parking space for 30 seats.
5. Government or semi-public
One parking space for 100 sq. mts. carpet area or fraction thereof.
6. Mercantile
One parking space for 100 sq. mts carpet area or fraction thereof.
7. Industrial
One parking space for 200 sq. mts. carpet area or fraction thereof.
8. Storage
One parking space for 100 sq. mts. upto 500 sq. mts. area and one for every 200 sq. mts. thereafter.
The parking space in Cinema Halls, Theatres and places of public assembly shall be provided as under :
Sl.No.
Type of Vehicles No. of Vehicles for which parking space shall be provided
(1)
(2)
(3)
1. Cars 4.5%
2. Scooters 10% of the seating capacity
3. Cycles 25%
HYDERABAD MULTI-STOREYED BUILDINGS REGULATIONS, 1981
In exercise of the powers conferred by sub-section (1) of Section 59 of the Andhra Pradesh Urban Areas (Development) (Act, 1 of 1975) the Hyderabad Urban Development Authority with the previous approval of the Government hereby makes the following Regulations namely
Regulation 1 Short title extent, and commencement
(i) These regulations may be called the Hyderabad Multi-storeyed Buildings Regulations, 1981.
(ii) They shall extend to the Development area of Hyderabad.
(iii) They shall come into force on such date as the State Government may by notification in the Andhra Pradesh Gazette appoint.
Regulation 2 Definitions
In these regulations unless there is anything repugnant in the subject or context:-
(i) 'Authority' means the Hyderabad Urban Development Authority.
(ii) 'Corporation' means Municipal Corporation of Hyderabad.
(iii) 'Floor area ratio' means the quotient obtained by dividing the total covered area (Plinth area) on all floors by the area of the plot: Total covered area of all floors Floor area ratio = _______________________________________ Plot area
(iv) 'Height of Building' means the height measured from the average level of the Central line of the Street on which the site abuts:
(a) in case of flat roof, up to skyward surface of the roof.
(b) in case of pitched roof, upto the tie beam of the roof.
(v) 'Multi-Storeyed Building' means and includes all buildings with more than four floors (including the ground floor) or whose height is 15 metres or more, measured from the average level of the Central line of the street on which the site abuts, provided that staircase rooms, lift rooms, chimneys and elevated tanks above the top most floor and architectural features shall not be included in the number of floor in calculating the height of buildingThe total height of such additional construction shall not exceed the average floor height of the building.
Regulation 3 Application of Regulations
(a) All Multi-storeyed buildings are prohibited in certain restricted Zones as stated in Appendix- A.
(b) Every Multi-storeyed building to be constructed, reconstructed, added or altered and situated within the Development Area of Hyderabad but outside the restricted Zones as per Appendix-A, shall comply with these special regulations in addition to the Hyderabad Municipal Corporation Building Bye-Laws, 1981, Zoning regulations and any other bye-laws and/or regulations in force.
Regulation 4 Application for approval of Sites and Buildings
Every application for approval of a site and for permission to construct or re-construct, or and or alter a Multi-storeyed building made shall be accompanied by the following particulars in addition to the particulars required under Building Bye-Laws:
(i) Site plan showing:-
(a) the existing and proposed buildings in relation to the boundaries of the site and in relation also to height and premises within a distance of 100 metres of the site;
(b) The means of access from the street or streets to all the buildings existing and proposed in the site, to the parking spaces, and facilities provided in the site for scavenging and fire protection;
(c) the spaces to be left around the building for access, parking, circulation, air, light and amenity;
(ii) Building plan showing :-
(a) Floor plan of all floors and covered area, indicating clearly the size and spacing of all farming members and sizes and arrangement of rooms and the position of stair-cases, ramps and lift wells.
(b) the general layout of the column and load bearing walls showing the estimated loads, including moments and torques coming on the foundations units;
(c) Longitudinal cross-sections of the building to show size of footings, basement and superstructure, farming members and details of building and room heights, and of staircases, etc.
(d) in the case of constructions using steel structures complete design drawings, showing sizes, sections and relative location of the various steel members, floors levels, column centres and off-sets.
(e) in the case of prefabricated buildings, drawings describing the elements of the structure or assembly including all required data of physical properties of component materials with details of joints to an enlarged scales, location of services such as installation of pipes, wiring or other accessories in site or in the prefabricated element and location of handing arrangements for lifting and handing the prefabricated elements;
(f) Plans and sectional details of water supply and sewage systems for the building.
(iii) Detailed specifications, giving :-
(a) Type and grade of the materials to be used;
(b) detailed computations and stress diagram to show the sufficiency and corrections or the design;
(c) type and condition of soil or rock to which the foundation transfers the loads.
Regulation 5 Approval of Director of Fire Services, fees and cases prior Clearance of Director of Fire Service of Andhra Pradesh, Hyderabad
(1) All the building plans showing the necessary fire protection and fire fighting requirements as per these regulations shall be submitted to the Director of Fire Services, Andhra Pradesh, Hyderabad for their clearance before the Building Plans are approved by the local body.
(2) After necessary permission for construction is granted, Fire Officer not below the rank of Divisional Fire Officer, should inspect the building along with the Chief Engineer, MCH/his nominee or Chief Engineer, BDA/his nominee as the case may be during the course of construction to ensure that the prescribed Fire Precautionary and Fire Protection of measures, as suggested earlier are being implemented.
(3) A certificate that necessary fire safety requirements have been fulfilled shall also be obtained from the Director of Fire Services, and submitted by the Buildings/Owners before they approach the BDA or Municipal Corporation of Hyderabad, as the case may be for necessary occupancy certificate.
(4) The Builders/Occupiers/Owners shall allow the fire protection and fire fighting installations to be inspected by the officers of Director of Fire Services, Andhra Pradesh, Hyderabad, MCH/BDA who shall enter their observations in the register maintained with Director of Fire Services, Andhra Pradesh, Hyderabad and in the building itself, in the prescribed formIn case any installations are not in a fit condition the inspecting officers shall issue a notice to the Builder/Owner/Occupier to comply with the regulations and improve the installation as prescribed in the notice.
(5) Plans of the building, floorwise shall be exhibited in the Fire/Control Room/Entrance Lobby of the ground floor of the building and also in the fire station in whose jurisdiction the building lies.
(6) At the time of application to the Director of Fire Services for approval under these regulations the Builder/Owner shall pay an amount calculated at the rate of Rs.5 per Sq.Mof sanctioned build-up areas of each building subject to a minimum of Rs.25,000 to the Fire Precaution Funds as per prescribed procedure The entire amount shall be refundable without any interest in case the building proposal is subsequently, dropped.
(7) For areas outside Municipal limits, Bhagyanagar Urban Development Authority shall be substituted for Municipal Corporation of Hyderabad.
Regulation 6 Conformity to National Building Code of India, 1970
(1) In so far as the determination of sufficiency of all aspects of structural design, building services, plumbing, fire protection, practices and safety are concerned, specifications, standard and code of practice recommended in the National Building Code of India, 1970, shall be fully conformed to, and any breach thereof shall be deemed to be a breach of the requirements under these regulations.
(2) In so far as sufficiency of all aspects of structural design is concerned, the specifications, standards, and all other details given in Part VI of the National Building Code of India, 1970 shall in particular be fully conformed to.
Regulation 7 Fire Safety, Detection and Extinguishing System
(1) The Municipal Corporation of Hyderabad shall, while according their approval or permission follow the code of practice and standard requirements recommended by the National Building Code of India, 1970.
(2) All buildings in their design and construction shall be such as to contribute to and ensure individually and collectively the safety of life from fire, smoke, fumes and panic arising from these or similar other causes.
(3) In building of such size, arrangement or occupancy that a fire may not itself provide adequate warning to occupants, automatic fire detecting and alarm facilities shall be provided where necessary to warn occupants of the existence of fire, so that they may escape, or to facilitate the orderly conduct of fire exit drills.
(4) Fire protecting and extinguishing system shall conform to accepted standards and shall be installed in accordance with good practice as recommended in the National Building Code of India, 1970 and to the satisfaction of Directorate of Fire Services.
Regulation 8 Means of Access and Circulation
(a) There shall be a clear access way of not less than 5 metres in width separately for entrance and exit, as a means of access to and from the building or buildings within the site, provided that where a site does not abut on a street the means of access to the site shall be not less than 12 metres from the existing public street.
(b) The access so provided, shall be maintained free from any obstruction or overhead or projection from the building below a height of 3 metres from the level of such access way.
(c) The space so set apart as means of access shall be separately distinguished from any house, gully or open space for amenity requirements prescribed under these regulations.
(d) Every such means of access shall be made drained and lighted to the satisfaction of the Commissioner and manhole covers or other drainage, water supply or any other fittings laid in such means of access shall be flushed with the finished surface level so as not to obstruct safe travel over the same.
(e) Any person who undertakes any construction, reconstruction, addition or alteration to any building shall not reduce to any building previously existing below the minimum width prescribed under these regulations.
(f) Exits and Means of Access:
(i) Every building meant for human occupation shall be provided with exits sufficient to permit safe escape of occupants in case of fire or other emergency.
(ii) An exit may be a doorway, corridor, passageway to an internal staircase or external staircase or to a varandah or roofs or terraces having access to the street or a staircase
Explanation :- Lifts and escalators shall not be considered as exits.
(iii) Exits shall be so arranged so as to provide continuous means of access to the exterior of a building or an exterior open space leading to a street, without passing through any occupied unit.
(iv) Exits shall be so located that the travel distance on the floor shall not exceed 22 metres in the case of residential and public buildings and 30 metres in the case of commercial, industrial and other buildingsThere shall be atleast two exits serving every floor and atleast one of them shall lead to a staircase
Explanation :- Travel distance means the distance from any point in the floor area to any exit measured along the path or egress except that when floor areas are subdivided into rooms used singly or suites of rooms and served by corridors or passages, the travel distance may be measured from the corridor entrance of such rooms of suites to the nearest staircase or varandah having access to the street.
(g) Width of any exit shall not be less than 100cmand shall be determined for the total number of occupants as specified in the following tableThe unit of exit width for measuring the capacity of exits shall be 50cmA clear width of 25cmshall be counted as an additional half unit and any width less than 25cm shall not be counted for calculating exit widths.
Regulation 9 Floor Area Ratio and Maximum Plot Coverage
Unless otherwise specified by the Zonal Development Plan, wherever applicable, the maximum Floor area ratio and the maximum permissible plot coverage for different occupancies shall be as in the following table.
Explanation :-
(i) The Zonal Development Plans will indicate specific Floor Area Ratio (FAR) for different areas within the Zones which will be applicable wherever a Zonal Development Plan is notified.
(ii) The following services and structures shall not be included in the determination of the floor area ratio (FAR) and maximum plot coverage:
(a) A basement or cellar and space under a building constructed on splits and used as parking space, and air conditioning plant room used as occupancy to the principal use.
(b) Electric cabin or sub-station, watchman's booth, pump house and garbage shaft.
(c) Staircase room and lift rooms above the topmost storey, architectural features, chimneys and elevated tanks; and
(d) Non-saleable common areas such as staircase rooms, lifts, lobbies attached to them and balconies not exceeding 1.25 metres in width.
Regulation 10 Open Spaces
(i) Open spaces around and about the building :-
(a) There shall be a permanent open space, forming an integral part of the site and of a minimum extent specified in this regulation, between each of the boundaries of the site and the building proposed within the site.
(b) The extent of the open spaces specified in the above sub-regulation which shall be co-extensive with the site boundaries shall be as follows:
(i) For heights of buildings above 10mand upto 25min addition to the minimum open spaces required for height of 10mthere shall be an increase in the minimum open space at the rate of one metre per every 3mor fraction thereof for heights above 10m For heights of buildings above 25mand upto 30mthere shall be minimum open spaces of 10m.
(c) The space, specified, above, shall be kept open to the sky and free from any structure other than a fence or compound wall in the ground floor and a balcony or sun-shade of not exceeding 1.25 metre in width.
(d) Provided that these open yards may be used for purposes like playground tot-lot, lawns, gardens, wooded area and it should not be used for parking of vehicles.
(e) Provided that where the site abuts two roads, the open spaces specified shall be provided along the two site boundaries abutting these roads.
(f) Provided further where the site does not abut on to any public street, the open spaces specified shall be provided between any two boundaries of the site and the building.
(ii) Space between Multi-storeyed Buildings :- For a scheme of Multi-storeyed Buildings (Where two or more blocks are proposed in the same scheme) the open spaces between the buildings shall be not less than 1/2 the height of the tallest building.
(iii) The following table shall be followed for determining open spaces for different heights: Height of building
Open space required
15 metres and above
..........................
6.0 metres
16 metres and above
..........................
6.4 metres
19 metres and above
..........................
7.4 metres
22 metres and above
..........................
8.4 metres
25 metres and above
..........................
9.4 metres
25 metres to 30 metres
..........................
10 metres
Regulation 11 Height of Buildings
(a) The height of any Multi-storeyed building permitted under these regulations shall not exceed 30 metres.
(b)
(i) Every Multi-storeyed building erected shall be provided with atleast one lift in addition to the required staircase;
(ii) The Commissioner, M.C.Hmay insist on more than one lift in each case on merits with reference to height, number of families, floor space use to which the building is put to;
(iii) Water-storage tanks and pumps of approved size shall be provided and maintained in working order.
(iv) The number and other specifications of the lifts and staircases shall be in accordance with the National Building Code of India, 1970.
Regulation 12 Parking and Parking Facilities
(i) For the use of the occupants and of persons visiting the premises for the purposes of profession, trade, business, recreation or any other work, parking space and parking facilities shall be provided within the site, to the satisfaction of the Commissioner, Municipal Corporation of Hyderabad, Vice-Chairman, BDA and conforming to the standards specified in Appendix B' to these regulations; and (b) Necessary provision shall also be made for the circulation of Vehicles gaining access to and from (i) the parking spaces and facilities and (ii) the premises, into the street;
(ii) The parking spaces and facilities provided under this regulation shall be maintained as such to the satisfaction of Commissioner, M.C.HVice-Chairman, BDA and conforming to any bye-law that may be made by the Corporation/BDA from time to time in this regard.
Regulation 13 Architectural Control
(1) The design and plans of the building shall be made and countersigned by a qualified civil or structural Engineer and an Architect who should possess the qualifications referred to in the :Indian Architect Act" and required by Municipal Corporation of Hyderabad.
(2) The design and plan shall be scrutinised by a Committee comprising of the following members, with suitable suggestion, if any, for sanction by M.C.H.:-
(i) Chief Engineer, Municipal Corporation of Hyderabad/BDA.
(ii) Chief City Planner, Municipal Corporation of Hyderabad.
(iii) Director of Town Planning, Government of Andhra Pradesh or his nominee.
(iv) Chairman of Hyderabad Regional Chapter of the Indian Institute of Architects.
(v) Chief Town Planner of Bhagyanagar Urban Development Authority:
Provided that when the Chairman of Hyderabad Regional Chapter of the Indian Institute of Architects himself has made designs and plans for building under construction, it will be sufficient if the other three members of the panel approve the design and plans.
(3) The Chief City Planner, Municipal Corporation of Hyderabad shall be the Convenor of the above Committee.
(4) Any suggestions or alterations recommended by the Panel shall be incorporated in the Plans and shall conform to these regulations.
Regulation 14 Areas for Multi-storeyed Buildings
(1) Any construction, reconstruction, alteration or addition of or to a Multi-storeyed building, shall be permitted only within the area approved for the construction of multistoreyed buildings in any development plans of Bhagyanagar Urban Development Authority (BDA) or the Municipal Corporation of Hyderabad (M.C.H.) and shall not exceed the maximum number of storey or maximum height prescribed for the individual areas.
(ii) The minimum extent of site for construction of a multistoreyed building shall be not less than 2,000 sq., mtrs., in extent and should have the shortest side, not less than 24 metres and shall either abut a street not less than 12 mtrs, in width, or gain access from a public street of a width of not less than 12 mtrs through a passage of not less than 12 metres:
Provided that the height of multi-storeyed building shall be regulated with reference to the extent of the site as given hereunder: Height of the building
Minimum extent of the site
Upto 25 metres
.................
2,000 sq. mtrs.
Above 25 metres and upto 30 metres
.................
2,620 sq. mtrs.
Regulation 15 Generators
A generator shall be installed to supply-power to staircase, corridor and compound lighting circuits, fire lift (s), pressurisation blowers, smoke extraction and damper system in case of failure of electricity supply The generators shall be capable of taking starting current of all machines and circuits stated above simultaneously Where parallel LT/HT supply is providing with appropriate emergency services a stand-by generator need not be provided.
Regulation 16 Fire Alarm System
Fire alarm system as described as below shall be installed;
(i) A push switch shall be installed on all floors in the lift lobby and shall be enclosed in a wooden box with a glass front which shall be duly marked "Fire Alarm".
(ii) There shall be a special electric bell (Fire Guage) of distinctive character prescribed by Fire Brigade on each floor.
(iii) All such bells and switches shall be so connected in such a way that all bells would start functioning if any of the push button of the fire alarm is operated.
Regulation 17 Water Supply
Every multi-storeyed building shall be provided with under-ground sump and overhead tank for the provision of water supply to the inhabitants at the rate of 40 gallons per capita per day (on the basis of 5 family members per flat)Every building should be provided with adequate water supply exclusively for fire fighting by providing a static water tank of sufficient capacity on the ground and a separate over-head tank.
Regulation 18 Tot-lot, Recreation Space and Tree-Planting
(1) For a scheme of multi-storeyed building (where two or more blocks are proposed in the same scheme) clear open space should be provided as tot lots at the rate of 1 sq.mtr per person This will be in addition to the space required between the blocks and will exclude the pathways and internal roads.
(2) The site will be planted with atleast 1 tree per 100 square metres the total site area.
Regulation 19 Power of Government to exempt
(1) No Regulation shall be relaxed and applications or representations for the grant of relaxations from any of these regulations received by the Government after the 31st May, 1987, shall not be considered.
(2) Notwithstanding anything in Regulation No.19.1 it shall be lawful for the Government to consider wholly or partially on the merits of each case, the applications or representations for the grant of relaxations from the provisions of any of these regulations received prior to the 31st May, 1987, in respect of the cases of unauthorised constructions made in violation of these regulations before the 31st May, 1987 and detected either before or after the said date or the applications or representations for the grant of relaxations from these regulations received with reference to the directions from the courts or the applications or representations in respect of the properties affected by the road widening schemes undertaken by the Municipal Corporation of Hyderabad, the Hyderabad Urban Development Authority or any other Government agency, subject to the payment of the compounding fees to the Authority as indicated in the following table: Sl.
No. Nature of violation
In case development or building is already made or started unauthorisedly
(1)
(2)
(3)
1. Violation of the stipulated FSI excess coverage of built-up area and the encroachment into the mandatory open-spaces to be provided in and around the building relating to ground floor only.
Rs.100/- per sq. ft. or extra FSI or extra coverage built over and above the permissible limits.
2. Violation of the stipulated FSI, excess coverage of built-up area and the encroachment into the mandatory open spaces to be provided in and around the Building relating to upper floors.
Rs.50/- per sq. ft. of extra coverage built over and above permissible limits.
3. Providing less parking area than stipulated in the regulations.
Rs. 200/- per sq. ft. of shortage of parking area.
4. Conversion of covered parking space into living space.
Rs. 250/- per sq. ft.
5. Conversion of covered parking space into shops for Commercial or other uses.
Rs. 500/- per sq. ft.
6. Conversion of residential building or flats into office building or other uses.
Rs. 50/- per sq. ft.
(3) The extent of relation to be granted by the Government for the cases referred to in sub-regulation (2) (except Regulations 8, 10 (ii) and (iii) and 11) shall be as follows :-
Sl.No.
Plot Area
Extent of relaxation for residential buildings
Extent of relaxation for non-residential buildings
Extent of relaxations for other buildings or uses
(1)
(2)
(3)
(4)
(5)
1. Less than 250 Sq. Mts.
No limit
Upto 60%
--
2. Between 250 & 500 Sq.Mts.
Upto 50%
Upto 40%
--
3. Above 500 Sq. Mts.
Upto 30%
Upto 20%
--
4.
For religious uses
--
--
Upto 60% irrespective of the area of the plot
5. Parking spaces for residential buildings or flats
--
--
Upto 30%
6. Parking spaces for offices, commercial and non-residential buildings.
--
--
Upto 20%
(By order and in the name of the Government of Andhra Pradesh)
APPENDIX A APPENDIX
APPENDIX-A
[Vide Regulations 3(1)]
The following areas are demarcated as Restricted Zones for Multistoreyed Buildings in Hyderabad and Secunderabad Cities as per Regulations 3(a) of Multi-storeyed Building Regulations, 1981, Hyderabad.
ALL MULTI-STOREYED BUILDINGS AREA PROHIBITED IN THESE ZONES
I. Central area, covering parts of Planning Zone Nos. 6 & 7.
(a) M.C.H. Ward Nos. 4, 5, 11 and 15 (Complete).
(b) M.C.H. Ward No.(1) Blocks 1, 7 and 8.
(c) M.C.H. Ward No.(3) Blocks 2, 3 and 4.
II. (a) Areas around Charminar [Part of Planning Zone 10]:
M.C.H. Ward Nos. 20, 21, 22 and 23 (Complete).
(b) Falaknuma Area :
M.C.H. Ward No.19(Part) Block No.4 (Complete)
III. (a) Karwan and Jiaguda Area:
M.C.H. Ward No.13(Part) Block Nos. 1, 2, 3, 4 and 5 (Complete)
(b) Golconda Fort Area:
M.C.H. Ward No.9 (Part) Block Nos. 1, 2, 3, 4, 6, 8, 10 and 11 (Complete)
IV. Secunderabad Area;
M.C.H. Ward Nos. 1 (Part). II, III and IV (Complete)
Block Nos. 1, 2, 3, 4, 5, 6 and 7 (Complete)
V. Asmangad Area;
M.C.H. Ward No.16 (Part) Block No.2 (Complete)
VI. Air Funnel Area
APPENDIX B APPENDIX
APPENDIX
APPENDIX-B
[See Regulation 12]
Sl. No.
Land and building use
Number of units of parking space to be provided
(1)
(2)
(3)
1. Residential
(i) Multi-family residential One unit of 17 sq. mts. for 200 sq. m. of floor area
(ii) Lodging establishment tourist homes and hotels with lodging accommodation One unit of 20 sq. mts. for every 200 sq. mts. for first 1,000 sq. mts. and one additional unit for every 100 sq. mts. of floor area exceeding 1000 sq. mts.
(iii) Restaurant (High Class Delux type)
2. Educational
One parking space for 100 sq. mts. carpet area or fraction thereof of the Administrative Office areas and public service areas.
3. Institutional (Medical)
One parking space for 20 beds.
4. Assembly
One parking space for 30 seats.
5. Government or semi-public
One parking space for 100 sq. mts. carpet area or fraction thereof.
6. Mercantile
One parking space for 100 sq. mts carpet area or fraction thereof.
7. Industrial
One parking space for 200 sq. mts. carpet area or fraction thereof.
8. Storage
One parking space for 100 sq. mts. upto 500 sq. mts. area and one for every 200 sq. mts. thereafter.
The parking space in Cinema Halls, Theatres and places of public assembly shall be provided as under :
Sl.No.
Type of Vehicles
No. of Vehicles for which parking space shall be provided
(1)
(2)
(3)
1. Cars
4.5%
2. Scooters
10% of the seating capacity
3. Cycles
25% |
