GREATER
HYDERABAD MUNICIPAL CORPORATION (SECOND AMENDMENT) ACT, 2016 THE GREATER HYDERABAD MUNICIPAL CORPORATION (SECOND AMENDMENT)
ACT, 2016 [Act No. 11 of 2017] [23 January, 2017] An act further to amend the greater hyderabad municipal
corporation act, 1955. Be it enacted by the
Legislature of the State of Telangana in the Sixty-seventh year of the Republic
of India as follows:- (1)
This Act may be called the Greater Hyderabad Municipal Corporation
(Second Amendment) Act, 2016. (2)
It shall come into force on such date as the State Government may,
by notification, appoint. In the Greater Hyderabad
Municipal Corporation Act, 1955 (hereinafter referred to as the principal Act),
for section 452, the following shall be substituted, namely,- "452. Demolition or
alteration of the building work unlawfully commenced, carried on or completed
and appeal thereon (1)
If the Commissioner is satisfied that the construction or
re-construction of any building or execution of any work as described in
section 433 is commenced or carried out contrary to the provisions of the Act
or building rules or bye-laws made there under, he shall make a provisional
order requiring the person who is constructing or re-constructing such building
or executing such work or has constructed or re-constructed such building or
executed such work to demolish such unauthorized construction or re-construction
or work within a period specified to bring such construction or re-construction
of the building or work in conformity with the provisions of the Act or
building rules or Bye-laws made there under and may also direct that until the
said order is complied with, the concerned person shall refrain from proceeding
with such construction or reconstruction of the building or work. (2)
The Commissioner shall serve a copy of the provisional order made
under sub-section (1) on such person mentioned in sub-section (1) with a notice
requiring him to show cause within a reasonable time to be specified in such
notice as to why the order should not be confirmed. (3)
If the person mentioned in sub-section (1) fails to show cause to
the satisfaction of the Commissioner, he may confirm the order with such
modification as he thinks fit and
serve the confirmation order on such person and such order shall be binding on
such person; and such person shall be liable for carrying out the requisitions
of the Commissioner within the period specified in such confirmation order. (4)
If within the period specified in such confirmation order, the
requisitions contained therein are not carried out by such person the
Commissioner may demolish such unauthorized construction or reconstruction or
work and the expenses thereof shall be recoverable from the said person. (5)
Any person aggrieved by an order of the Commissioner made under
sub-section (3) may, within fifteen days from the date of receipt of the order
prefer an appeal against the order to the Municipal Building Tribunal appointed
under section 462-A. (6)
Where an appeal is preferred under sub-section (5) against an
order made under sub-section (3), the Municipal Building Tribunal may stay the
enforcement of the order on such terms, and for such period, as it may think
fit: Provided that where the
construction or reconstruction of the building or the execution of the work has
not been completed at the time of the order made under sub-section (3), no
order staying the enforcement of the order made under that sub-section shall be
made by the Municipal Building Tribunal unless a surety, sufficient in the
opinion of the said Tribunal, has been given by the appellant for not
proceeding with such construction or re-construction or work pending the disposal
of the appeal. (7)
Save as provided in this section, no court shall entertain any
suit, appeal, application or other proceeding for injunction or other relief
against the Commissioner to restrain him from taking any action or making any
order in pursuance of the provisions of this section. (8)
Every order made by the Municipal Building Tribunal on appeal and,
subject to such order, the order made by the Commissioner under sub-section (3)
shall be final and conclusive. (9)
Where no appeal has been preferred against an order made by the
Commissioner under sub-section (3) or where an order under that sub-section has
been confirmed on appeal, whether with or without modification, the person
against whom the order has been made shall comply with the order within the
period specified therein, or as the case may be, within the period, if any,
fixed by the Municipal Building Tribunal on appeal, and on the failure of such
person to comply with the order within such period, the Commissioner may
himself cause the building or the work to which the order relates to be
demolished and the expenses of such demolition shall be recoverable from such
person as arrears of property tax under this Act. In the principal Act, for section
461 -A, the following shall be substituted, namely,- "461-A. Powers to seal
unauthorised construction/development of premises (1)
It shall be lawful for the Commissioner, at any time, before or
after making an order for the removal or discontinuance of any unauthorized
development or construction under section 461, to make an order directing the
sealing of such development or property or taking the assistance of police, for
the purpose of carrying out the provisions of the Act. (2)
Any person aggrieved by an order of the Commissioner made under
sub-section (1) may, within seven days from the date of the order, prefer an
appeal against the order to the Municipal Building Tribunal appointed under
section 462-A. (3)
Where an appeal is preferred under sub-section (2) against an
order made under sub-section (1), the Municipal Building Tribunal may stay the
enforcement of the order on such terms, and for such period, as it may think
fit. (4)
Save as provided in this section, no court shall entertain any
suit, appeal, application or other proceeding for injunction or other relief
against the Commissioner to restrain him from taking any action or making any
order in pursuance of the provisions of this section. (5)
Every order made by the Municipal Building Tribunal on appeal and,
subject to such order, the order made by the Commissioner under sub-section (1)
shall be final and conclusive. (6)
Where no appeal has been preferred against an order made by the
Commissioner under sub-section (1) or where an order under that sub-section has
been confirmed on appeal, whether with or without modification, the
Commissioner shall take action to implement the order made under sub-section
(1). (7)
No person shall remove such seal except, (a)
Under an order made by the Commissioner, or (b)
Under an order of the Municipal Building Tribunal on the appeal
made in the behalf." In the principal Act, after
section 462, the following section shall be inserted, namely,- 462-A. Municipal Building Tribunal (1)
The State Government shall appoint a Municipal Building Tribunal
or Tribunals (hereinafter referred to in this section as "the
Tribunal") to hear and decide appeals arising out of matters referred to
in Section 452 or Section 461 -A and to adjudicate the offences relating to
contravention of provisions of the Act mentioned in Schedule-U and Schedule-V
in respect of Chapter- XII, namely Building Regulations under sections 596 and
597 in accordance with such procedure, and to realize such fees or fines in
connection with such appeals as may be prescribed. (2)
The Tribunal shall consist of a Chairperson and such number of
other members, not exceeding eight as the State Government may determine. The
members shall consist of judicial members and technical members. (3)
The Chairperson may constitute one or more Benches, each Bench
comprising at least two members one of whom shall be a judicial member and
another a technical member. (4)
The Chairperson or a judicial member shall be a person who is or
has been a District Judge. (5)
A technical member shall be a person who is working in the cadre
of Director of Town and Country Planning in Telangana Town Planning Service. (6)
The Chairperson and the other members of the Tribunal shall be
appointed by the State Government for such period, and on such terms and
conditions, as the State Government may determine and shall be paid from the
Municipal Fund. (7)
The State Government may, if it thinks fit, remove for reason of
incompetence or misconduct or for any other good or sufficient reason the
Chairperson or any other member of the Tribunal. (8)
The Tribunal shall have an establishment consisting of such
officers and other employees, appointed on such terms and conditions, as may be
prescribed, and the expenses of the Tribunal shall be paid out of the Municipal
Fund. (9)
The provisions of Part II and Part III of the Limitation Act, 1963
(Central Act No. 36 of 1963), relating to appeal shall apply to every appeal
preferred under this section. (10)
No court shall have jurisdiction in any matter for which provision
is made in this Chapter for appeal to the Tribunal." The amendments made to the
Greater Hyderabad Municipal Corporation Act, 1955 by section 2 shall extend to
and apply to other Municipal Corporations constituted under the provisions of
Telangana Municipal Corporations Act, 1994.
Preamble - GREATER HYDERABAD MUNICIPAL CORPORATION (SECOND
AMENDMENT) ACT, 2016PREAMBLE