HMDA Act 56Chapter X · Miscellaneous and Supplemental Provisions

Section 56 · Power to make rules

(1)

The Government after consultation with the Metropolitan Development Authority, may by notification, make rules to carry out the functions of the Metropolitan Development Authority and to carry out the purposes of this Act:Provided that consultation with the Metropolitan Development Authority may 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 a Metropolitan Development 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 powers, such rules may provide for all or any of the following matters, namely:-

(i)

the terms of office of members and staff, their allowances and other conditions of service, summoning and holding of meetings, the conduct of business, powers and functions of the Chairman, Vice-Chairman/ Metropolitan Commissioner;

(ii)

the conditions of service, salaries and allowances, job chart, duties and responsibilities, powers and functions of the full-time members and officers and other employees appointed by the Metropolitan Development Authority;

(iii)

the procedure to be followed in connection with the preparation, publication, submission and approval of the Metropolitan Development Plan, Metropolitan Investment Plan, Area Development Plan, and the manner of publication of the notice inviting objections and suggestions relating to any such plan in draft;

(iv)

the form, manner and procedure for modifications to the Statutory Development Plan, the payment of fees and rates of conversion charges for such modifications;

(v)

with regard to permitting land pooling schemes, layouts and their requirements, development specifications and conditions; form and content of mortgage deed and other conditions of surety to be complied by a licenced developer;

(vi)

relationship and coordination between the Metropolitan Development Authority and the local Metropolitan Development Authority in matters of issue of permissions, ensuring planned development and undertaking implementation of Metropolitan Development Plan and Investment Plan, Development Schemes, Area Development Plans, Action Plans and land pooling schemes;

(vii)

form and manner of regularization of unauthorized layouts and developments by the Metropolitan Development Authority and fees, charges and penalties to be levied thereto;

(viii)

the form and manner of maintaining the Metropolitan Development Land Bank, handing over of Government lands to the Metropolitan Development Authority, and requisition of lands for acquisition every year by the Metropolitan Development Authority;

(ix)

form and manner of Transferable Development Rights the Metropolitan Development Authority may take up with owners;

(x)

the procedure for assessment, levy and collection of development charge, rates of development charge and calculation and assessment for land and buildings;

(xi)

the duties and responsibilities and powers of the Metropolitan Commissioner, Member-Urban Planning, Member-Engineering, Member-Environment, Member- Estates, Secretary and the Member-Finance of the Metropolitan Development Authority;

(xii)

the functioning and conduct of meetings and any other matters relating to the powers and functions of the Hyderabad Metropolitan Development Authority and the Executive Committee;

(xiii)

any other matter which has to be or may be made by rules.

(3)

Every rule made under this Act 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, from the date on which the modification or annulment is notified in the [Telangana] [Substituted by G.O.Ms.No.147, Municipal Administration & Urban Development (M1) Department, dated 31.10.2015.] Gazette, have effect only in such modified form or shall 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.

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