Preamble
Andhra Pradesh Municipal Corporations (Second Amendment) Act, 1994*
| [Andhra Pradesh Act No. 23 of 1994] | [6th August, 1994] |
An Act further to amend the Hyderabad Municipal Corporations Act, 1955.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-fifth Year of the Republic of India as follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Hyderabad Municipal Corporations (Second and Amendment) Act, 1994.
(2) It shall be deemed to have come into force with effect on and from the 10th March, 1986.
Section 2. Insertion of new section 463-A
2. Insertion of new section 463-A.- In the Hyderabad Municipal Corporations Act, 1955, (Act II of 1956) after section 463, the following section shall be inserted, namely:-
"CHAPTER-XII-A
SPECIAL PROVISIONS RELATING TO DEVELOPMENT AND MAINTENANCE OF MAJOR CIVIC INFRASTRUCTURE.
463-A. Power of Corporation to levy external betterment charges.- (1) It shall be lawful for the Corporation to levy and collect external betterment charges at the time of according approval to the lay-outs or sub-divisions of a plot or issue of building permit for the purpose of providing or maintaining major arterial roads, lung spaces and other major civic infrastructure:
Provided that such charges shall not be levied in case of the lay-outs which were finally released as on the 10th March, 1986 and also for residential buildings whose plot area does not exceed 200 sq. mts.:
Provided further that no such charges shall be levied and collected in respect of lay-outs or buildings taken up in notified slums. Such charges shall, however, be collected once the slum is denotified.
(2) The external betterment charges shall not exceed thirty per cent of betterment charges being collected by the Corporation as per the Municipal Corporation of Hyderabad (lay-out) Rules, 1965.
Explanation:- For the purposes of this sub-section betterment charges shall include the charges fixed by Corporation on various types of buildings area-wise from time to time.
(3) The Corporation shall issue detailed guidelines for levy and collection of external betterment charges and for utilisation of amounts so collected."
Section 3. Validation
3. Validation.- Notwithstanding any judgment, decree or order of any Court, Tribunal or other authority any amount levied and collected as external betterment charges in pursuance of the General Body Resolution No. 895, dated 10-3-1986 of the Corporation, from the applicants for the grant of lay-out approvals and building permits as a condition precedent to the sanction of such permits shall be deemed always to have been validly levied and collected in pursuance of the principal Act as amended by this Act, as if the amendments made to the principal Act by section 2 of this Act has been in force at all material times and accordingly:-
(a) all acts, proceedings or things done or taken by the Corporation, or by any Officer of the said Corporation, or by any other authority, in connection with the levy and collection of such amounts shall for all purposes, be deemed to be and to have always been done or taken in accordance, with law;
(b) no suit or other proceedings shall be instituted or continued in any Court or before any authority for the refund of any such amount; and
(c) no court shall enforce any decree or order directing the refund of any such amount.
Section 4. Appeal of Ordinance ??? of 1994
4. Appeal of Ordinance ??? of 1994.- The Hyderabad Municipal Corporations (Amendment) Ordinance, 1994 is hereby repealed.