Telangana State Building Permission Approval and Self-Certification System (TSbPASS) Rules, 2020

GOVERNMENT OF TELANGANA
ABSTRACT

Municipal Administration and Urban Development-Telangana State Building Permission Approval and Self-Certification System (TSbPASS) Rules, 2020- Orders— Issued.

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MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (Plg.lll) DEPARTMENT

G.0.Ms.No.201.

Dated: 16.11.2020.

Read the following:

1. Telangana Municipalities Act, 2019 (Act No.11 of 2019).
2. TSbPASS ACT, 2020(Act 12 of 2020).

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ORDER:

Government vide Act No.11 of 2019 enacted the Telangana Municipalities Act, 2019 which is applicable to Municipalities and Municipal Corporations in the State other than Greater Hyderabad Municipal Corporation. The Government vide Act No. 12 of 2020 enacted the Telangana State Building Permission Approval and Self Certification System (TSbPASS) Act., 2020. In the above Acts, provisions are made for approval of Layouts / Building permissions in a transparent and time bound manner through on-line and strict enforcement against unauthorised developments/constructions. In pursuance of the same. for strict implementation of the various provisions related to Layout / Building approval and enforcement, the Government of Telangana hereby issue the following Rules in exercise of the powers conferred by Section 172, 174, 175, 176, 177, 178, 180 and 238 of the Telangana Municipalities Act, 2019 (Act No. 11 0f2019) and Section 28 (1) of TSbPASS Act, 2020 (Act 12 of 2020).

Accordingly, the following notification shall be published in an Extra-Ordinary Issue of the Telangana Gazette.

NOTIFICATION

In exercise of the powers conferred by Section 172, 174, 175, 176, 177, 178 ,180 and 238 of the Telangana Municipalities Act, 2019 (Act No. 11 of 2019) and Section 28 (1) of TSbPASS Act, 2020 (Act 12 of 2020) the Governor of Telangana hereby makes the following Rules :-

1.  Short Title, Extent And Commencement:

1. These rules may be called “Telangana State Building Permission Approval and Self-Certification System (TSbPASS) Rules, 2020".
2. These Rules are applicable to all Municipalities and Municipal Corporations in the State except Greater Hyderabad Municipal Corporation.
3. These rules shall come into force with effect from the date of publication of notification in the Telangana Gazette.

2.  Definitions : In these rules unless the context otherwise requires:

1. “Act” means the “TSbPASS Act., 2020 (Act 12 of 2020)".
2. “Acknowledgement” means the acknowledgement issued under these rules.
3. “Application Form” means the online form for submission of application for Certificate of registration / instant building approval / Building permission / approval.
4. “Check List” means the list as prescribed in the application under these rules.
5. "Collector" means the District Collector of the concerned District.
6. “Local Authority / Urban Local Body” means any Municipality , Municipal Corporation, established by Law.
7. ‘District Level TSbPASS Committee” is the District Level Committee Constituted by the Government under the provisions of TSbPASS Act, 2020.
8. ‘Fee Receipts” means online payment receipt or the original challan receipts issued by the Government Treasury as a proof of payment or demand drafts issued by a Scheduled Commercial Bank.
9. "Form for informing deemed approval” means the format (including online) in which the deemed approval issued
10. "Register of Applications” means the Register prescribed in these rules in which the details of the applications are entered.
11. "Section” means a Section of the Act
12. "Time Limit" moans the number of working days within which a decision has to be taken by the concerned Municipality/ Municipal Corporation or any line Dopartment involved in granting NOCs/clearances, from the date of receipt of application

Contd. 2.

:: 2 ::

3.  Administrative Setup at District Level:

1. Constitution of District Level TSbPASS Committee:

   District Level TSbPASS Committee for each District is constituted with the following Officials: -

   i.	District Collector	:	Chairman.
   ii.	Additional Collector (Local Bodies)/ Joint Collector (wherever Additional Collector ULB is not there)	:	Member Convener
   iii	Commissioner of Police / Superintendent of Police	:	Member
   iv.	Commissioner of Concerned Urban Local Body	:	Member
   v.	Superintending Engineer/ Executive Engineer R&B Dept.,	:	Member
   vi.	Superintending Engineer/Executive Engineer of Irrigation Dept.,	:	Member
   vii.	District Fire Officer	:	Member
   viii,	Any other officer as may be nominated by the Chairman	:	Member

   The District level TSbPASS Committee shall exercise the following powers and functions:

   1. Monitoring and reviewing in District performance with respect to clearances and permissions in all ULBs within the District.
   2. Monitoring the disposal of all applications received under TSbPASS
   3. (c) Monitoring the complaints received from the citizens and their redressal by all the line Department / Agencies involved in issuing Building permissions or clearances.
   4. Keeping record of dashboard and MIS reports pertaining to all applications with respect to building permissions.
   5. Review of rejected cases / reasons for delay in approvals and ensuring disposals of applications in stipulated time period as per the provisions of Act, Building rules and prescribed procedures.
   6. Reporting to Government with respect to Status / pendency of applications received under TSbPASS.
   7. Constituting the Post of Verification Teams by drawing the Officials from Town Planning Section of concerned Municipality / Municipal Corporation and any other officer from other Departments as decided by the District Collector to conduct post verification of title aspects, technical aspects, site verification and violations if any., with reference to the information furnished by the applicant at the time of obtaining building permission through online. The Post Verification Teams shall upload the remarks through online in the prescribed proforma within 15 days from the date of registration / instant approval as the case may be. If required, the Post Verification Teams may take the assistance of any local Revenue / Municipal officials. If no violations / discrepancies reported by the post verification teams, no further action should be taken on the building permission obtained through registration / instant approval. In case of any mis-representation or false statements, action shall be taken as per the provisions of Telangana Municipalities Act, 2019 and TSbPASS Act 2020 which includes cancellation of permission, levy of penalty, demolition or taking over or sealing of property without any notice besides cancelling the License of License Technical Personnel (LTP), imprisonment upto three years and forfeiting the mortgaged plots in case of layout or mortgaged built up area in case of buildings. Depending on the number of applications required number of teams for post verification may be constituted to ensure that the post verification is done in prescribed time limit.
   8. Managing the activities of Post Verification Teams.
   9. Constituting required number of enforcement teams duly evaluating the requirements depending on the quantum of construction activity in the Municipalities/ Municipal Corporations in the District.
   10. The District level TSbPASS Committee shall meet twice in a month preferably first & third week or alternatively second & fourth week of every month as decided by the Chairman of the Committee.

Contd. 3.

:: 3 ::

(2) Constitution of District Task Force and their Functions:

The District Level TSbPASS Committee constituted under these Rules will act as a District Task Force (DTF) at District level to detect and monitor the unauthorized constructions, unauthorized layouts and take timely enforcement action.
The Task Force at District Level (DTF) shall excercise following powers and functions.

1. DTF shall constitute required number of Enforcement Teams, drawing officals Revenue/ Police/Fire services / R&B Departments or outsource for taking up demolitions based on the quantum of unlawful buildings / layouts. The demolition squads constituted by DTF are deemed to be have been authorized by the concerned local authority for taking up demolition of any unlawful building / layout.
2. Required vehicles, man power, equipment for demolition of unauthorized developments/ Layouts shall be provided to demolish squads. They shall also be provided with tabs/cameras to take proper photographs and videos before and after demolitions, as evidence to defend in case of any future legal issues.
3. The DTF shall receive complaints on unlawful buildings through manually and through TSbPASS portal, grievances, call centers, Mobile app, Twitter and emails etc,
4. The DTF shall conduct wide publicity and awareness regarding new building permission rules and constitution of DTF and their job description.
5. The complaints shall be examined within 3 days by DTF and site inspection to be carried out through Enforcement teams/Post Verification team and where ever required demolition shall be taken up through demolition squads without notice.
6. The DTF shall ensure proper estimation of expenditure for demolition and plan for recovery of same from the concerned owner.
7. Before starting the demolition or sealing of unlawful buildings / constructions /developments, a panchanama shall be conducted duly recording the stage of construction, details of permission if any, violations and proposed action under proper photography and videography. A copy of panchanama (In Annexure) prepared in this regard shall be handed over to owner of the building with proper acknowledgement.
8. DTF shall inform the Registration Authority giving all the details of unauthorized constructions/layouts so as to include them in the prohibitory register and shall also inform the concerned Electricity / Water supply departments not to give any service connection of temporary or permanent to the respective unauthorized building / layout.
9. In case of Constructions/Buildings if any portions thereof remain un-demolished, the premises shall be sealed to avoid any accidents.
10. The DTF shall have random inspections and review at least once in 15 days on enforcement actions.
11. The DTF shall also seek the information from all Municipalities / Municipal Corporations on unlawfull developments/buildings and complaints received by them on unauthorized constructions.
12. In special circumstances like if the owner / occupier of the unauthorized is obstructing or in case of frequent violators the DTF may also ensure levy Penalty upto 25% of value of the land / three years of imprisonment after taking proper Photographs / Video and Panchanama.

Contd. 4.

:: 4 ::

4.  Constitution of State Level Committee: State Level Committee is constituted with the following Officials:

i.	The Principal Secretary MA&UD Department	:	Chairman
ii.	Commissioner and Director of Municipal Administration	:	Member-Convener
iii.	Member Secretary, Telangana State Pollution Control Board	:	Member
iv.	Secretary to Chief Commissioner, Land Administration	:	Member
v.	Commissioner, P.R & R.D.	:	Member
vi.	Director General Disaster Response & Fire Services	:	Member
vii.	Engineer in Chief, Irrigation and CAD	:	Member
viii.	Engineer in Chief, Roads and Buildings	:	Member
ix.	Director of Town and Country Planning	:	Member
x.	Chief Information Officer TSbPASS	:	Member
xi.	OSD TSbPASS Chasing Cell	:	Member
xii.	Any other member as may be nominated by the Chairman	:	Special Invitee

The State Level Committee shall exercise the following powers and functions:

1. Monitoring and reviewing Departmental performance with respect to clearances / permissions and issue necessary instructions to the District Level TSbPASS Committee / ULBs to expedite the approvals under TSbPASS.
2. Review the functioning of the District Level TSbPASS Committees, District Task Force (DTF), PMU & Chasing Cell.
3. The State Level Committee shall meet at least once in three months.

5.  Constitution of State Level Nodal Agency:

1. IThe Commissioner and Director of Municipal Administration shall be the Nodal Agency at the State Level for implementation of TSbPASS to coordinate with District Collectors, Members of TSbPASS Committee and to provide necessary logistic support / secretarial support / administrative clearances for implementation of TSbPASS.
2. The Director of Town & Country Planning shall provide all technical support in respect of Software development, Technical guidance etc., for implementation of TSbPASS.

6.  Project Monitoring Unit :

1. "Project Monitoring Unit (PMU) is constituted with the following officials:
   1. Town planning officials
   2. Staff from NIUM Hyderabad (Nation Institute of Urban Management Team
   3. Representatives from TSbPASS Software Development Team
2. The PMU is assigned with the following functions
   1. PMU shall provide hand-holding support in terms of e-services and any specific requirement of the State Level Committee/Nodal Agency / District Level TSbPASS Committee for implementation of TSbPASS across the State of Telangana
   2. The PMU shall provide hand-holding support in terms of e-services all line departments and ULB's on day to day basis for disposal of applications received under TSbPASS.

Contd. 5.

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7.  Chasing Cell :

1. The Chasing Cell at State Level under the control of Principal Secretary MA& UD is constituted with the following officials:
   1. Officials from the Town Planning Department / NIUM Hyderabad
   2. Officials drawn from other Departments like Industries Department who have earlier worked in Chasing Cells.
   3. Representative from TSbPASS Software Development Team.
2. The Chasing Cell is assigned with the following functions:
   1. The Chasing Cell shall follow-up with the all line departments officials on day to day basis for disposal of applications received under TSbPASS with in prescribed time periods and shall send alerts to the concerned officials/agencies to avoid delays.
   2. Preparing and providing status reports on applications received under TSbPASS to the TSbPASS Committees / State Level Committee / Nodal Agencies.
   3. Provide effective facilitation to implement “Right to Clearance’
   4. Address all issues and operational challengers reported by user groups and public in accessing and processing TS-bPASS applications.
   5. Identify process constraints at various stages of setting up of new building and layout permissions, occupancy and enforcement module operations etc., and make recommendations for streamlining.
   6. Monitoring the compliance of officers and applicants to various rules.
   7. Document the best practices across the Globe and provide high quality inputs in policy and practice to Telanagna state.
   8. Any other job as assigned from time to time towards effective implementations of Telangana State Building Permissions Approvals and Self—Certification System (TS-bPASS).
   9. Monitoring central support services/System.

8.  Process of Scrutiny for Applications Under TSbPASS:

1. Building permissions will be done in 3 categories:
   1. Upto to 75 sq yds (63 sq mts) and height upto 7mts  -(Instant Registration)
   2. Above 75 sq yds and upto 600 sq yds(500 sq.mts)  --Instant Approval)
   3. Above 600 sq yds (500 sq mts)    --(Single Window)
2. For Building Permission in plot size upto 75 Sq. Yds (63 Sq. Mts)and Height up to 7 mts (parking floor if provided is excluded from the height) — No Bilding permission is required for construction of Individual Residential Building with a height upto 7 Mts., (i.e. Ground + First Floor) (parking floor if provided excluded from the height). Instead of building permission an instant Builging Registration will be issued.

1	Permission	Not Required. Only Registration. Registration Certificate will be issued instantly
2	Submission of Plan	Not Required
3	Fee	Rs.1 Only which can be paid at the time of Property Tax
4	Document to uploaded	Owner ship documents, GIS location of the site
5	Mortagage of 10% built up area	Not required
6	Occupancy Certificate	Not required

The above facility is not applicable if the site/plot of bigger than 75 Sq. yds (63 Sq.mts) is subdivided for this purpose.

Contd. 6.

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9.  How to file an application under TSbPASS

1. The applicant shall register his intention to construct the building through one of the following means.
   1. TSbPASS website,
   2. TSbPASS mobile apps,
   3. Mee Seva Center,
   4. Citizen Services Center located in respective local body.
2. The applicant shall fill the application in online and upload the ownership documents along with the link documents of the site at the time of Registration.
3. The applicant shall self-certify the size of the Plot and Number of Floors (i.e. Ground or Ground + First Floor) to be constructed by submitting the Form of Self-Certification online.
4. The applicant shall ensure complying of the provisions of the Master Plan, Detailed Planning Scheme, and Local Area Plan and Building Rules.
5. As soon as applicant uploads the required documents the registration certificate will be generated.
6. The District Level TSbPASS Committee shall review all the instant online generated permissions and shall ensure that the post verification is done by the post-verification teams within 10 days of receipt of the Application and shall submit their recommendations into the web based Online Approval system within 15 days of receipt of the Application.
7. The Construction shall not be commenced within 15 days from the date of online registration
8. No Completion Certificate or Occupancy Certificate is required:
   1. For Individual Residential Buildings in plot area up to 75 sq yds (63 sq.mts) and height upto 7 mts (ground plus one floor).
   2. For Individual Residential Buildings in plot area above 75 Sq yds (63 Sq.mtrs and up to 240 sq yds (200 sq.mts) and height upto 7 mts Occupancy Certificate is not required. However the applicant shall inform the completion of building.
9. The onus to ensure authenticity of Self Certification and compliance with the self-certification lies with the applicant, who shall be held personally accountable and liable for punishment in case of false declaration / misrepresentation, if any.
10. The misrepresentation and false declaration is liable for punishment which includes imprisonment up to 3 years, levy of penalty which may extend to 25% of the value of land or value of land and building as fixed by the Registration Dept., or Demolition or taking over or sealing of property without issuing any notice as per section 177 and 180 of the Telangana Municipalities Act 2019, duly recording the misrepresentations & false declarations
11. LRS approval / Layout approval shall not be insisted for instant registration
12. Exemption from obtaining building permission under the above Rule is not applicable for plots falling in restricted areas viz Government or Prohibited or Disputed lands, Municipal lands. Layout Open spaces, sites earmarked for Parks /Playgrounds/buffer zone, shikam land / FTL of any water body as per Master Plan.

Contd. 7.

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10.  Individual Residential buildings in plot size above 75 sq yds to 600 sq yds(500 sq.mts) and height up to 10 mts (parking floor provided excluded from the height)(Ground + 2 Floors) — Instant online approval.

1	Permission	Instant approval after filling up the application and uploading all documents
2	Submission of Plan	Optional
3	Fee	To be paid online
4	Document to uploaded	Owner ship documents. GIS location of the site.
5	Mortgage of 10% built up area.	Not required for Buildings of height upto 7 mts and plot area upto 200 Sq mts. Required for Buildings of height above 7 mts and plot area above 200 Sq mts.
6	Occupancy Certificate	(a) For Individual Residential Buildings in plot area up to 75 sq yds (63 sq mts) and height upto 7 mts (ground plus one floor) Occupancy Certificate is not required (b) For Individual Residential Buildings in plot area above 75 Sq yds (63 Sq mtrs and up to 240 sq.yds (200 sq mts) and height upto 7 mts Occupancy Certificate is not required. However the applicant shall inform the completion of building.

The applicants shall comply with the following conditions for availing Instant Online approval.

1. The applicant shall submit proposals online through TSbPASS website / TSbPASS mobile app / Meeseva Center with a Self-Certification as prescribed along with the prescribed documents and payment of prescribed fee.
2. The proposal shall be in conformity with the land use, zoning regulations of the sanctioned Master Plan and building rules.
3. The Applicant shall submit an Undertaking stating that if the actual construction is made in violation of building permission, the same is liable for demolition without issuing any notice.
4. The applicant is required to mortgage 10% of total built up area in any floor (other than parking floor) as the case may be to the Municipality by way of registered deed as prescribed, before release of permission. The individual residential buildings in plots up to 200 sq.mts with height up to 7 Mts area exempted from the mortgage clause. The mortgage will be released after issue of occupancy certificate.
5. The Instant Approval system based on Self-Certification is not applicable for plots falling in unauthorized layouts and restricted areas.
6. Upon uploading all required documents, mortgage deed (wherever required) and payment of fee the building permit order shall be generated online instantly.
7. The District Level TSbPASS Committee shall review all the instant online generated permissions and shall ensure that the post verification is done by the post-verification teams within 15 days of receipt of the Application and shall submit their recommendations into the web based Online Approval system within 15 days of receipt of the Application.
8. The onus to ensure authenticity of Self Certification and compliance with the self-certification lies with the applicant, who shall be held personally accountable and liable for punishment in case of false decleration/ misreprentation, if any.
9. The misrepresentation and false declaration is liable for punishment which includes imprisionment up to 3 years, levy of penalty which may extend to 25% of the value of land or value of land and building as fixed by the Registration Department, or Demoliion or taking over or sealing of property without issuing any notice as per the provisions of Telangana Municiplaties Act 2019, duly recording the misrepresentations & false declarations.
10. The Construction shall not be commenced within 15 dyas from the date of instant approval.

Contd. 8.

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11.  Buildings of plot size above 500 Sq.Mts or height above 10.0Mts and all non-residential buildings irrespective of plot size and height of the building.- Single window approval.

1.	Permission	Single window approval in 21 days
2.	Submission of Plan	Compulsory
3.	Fee	To be paid online
4.	Document to uploaded	all documents as prescribed in the application form
5.	Mortgage of 10% built up area	Required
6.	Occupancy Certificate	Required

1. Common/Application form shall be submitted ONLINE in the TS-bPASS web portal with all requisite documents and fee. The online application has to be submitted with all requisite documents as prescribed. The online system shall not accept the application unless all such documents are submitted.
2. As soon as the online application along with required documents is received in TSbPASS portal it will be sent online to the Scrutiny Officer and to other line department / agencies from which NOCs / clearances are required such as Irrigation / Revenue Department / Fire Services Department / Traffic Police / Pollution Control Board / SEIAA / Airport authority etc,.
3. The line Departments and scrutiny officers shall examine the proposal and communicate shortfalls or incompleteness or cases where further information or clarification required if any to the applicant within 10 days from the date of application.
4. Application for building permission accompanied by all valid and required required documents shall be cleared in 21 days and fee intimation letter shall be issued online. The applicant shall pay the fee within 30 days from the date of fee intimation letter and shall comply the conditions mentioned in the fee letter. If the fee is not paid within 30 days an interest @12% per annum shall be charged for the delay period. Once the fee is paid and registered mortgage is uploaded and all other conditions precedent for release of plans are complied with by applicant, approval shall be issued online within 48 hours.
5. The applicant shall commence the construction within 6 months from the date of issue of building permission and shall complete the same in 3 years in case of non-high rise buildings and 5 years in case of high rise buildings.
6. If no order is issued on the building application within 21 sa hi application, the permission will be “deemed” to have been approved and permission proceedings shall be auto generated in online portal.
7. The permission issued under deemed clause can be revoked by the Competent Authority within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by misrepresentation of the facts or false statements, and / or against the building rules, regulations and Master Plan land use provisions

Contd. 9.

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12.  Issue of Occupancy Certificate :

1. For Individual Residential Buildings in plot area up to 75 sq yds (63 sq.mts) and height upto 7 mts (ground plus one floor), Occupancy Certificate is not required.
2. For Individual Residential Buildings in plot area above 75 Sq yds (63 Sq. mts up to 240 sq yds (200 sg.mts) and height upto 7 mts, Occupancy Certificate is not required. However the applicant shall inform the completion of building.
3. For residential buildings in plots of above 240 sq yds (200 sq mts) and upto 600 sq yds (500 sq mts) and buildings of height above 7 mts, Occupancy Certificate will be issued instantly, based on the Self-Certification submitted by the Owner or Builder in the prescribed proforma duly attested by the Licensed Technical Personnel, certifying that the building has been constructed as per the sanctioned approval. The post verification will be completed within 15 days from the date of issue of instant OC proceedings and mortgaged portion shall be released immediately after post verification.
4. Occupancy certificates is mandatory for High rise buildings and Residential buildings in plots of 500 square meters and above and all non-residential buildings in plots irrespective of size of plot. The applicant shall submit application online with Self-Certification in the prescribed proforma duly attested by the Licensed Technical Personnel that the building has been constructed as per the sanctioned approval and as per Rules. After verification by the Scrutiny officer, approval / rejection shall be given within 15 days from the date of receipt of application.
5. The onus to ensure authenticity of self-declaration and compliance with the Self-Certification for issuance of occupancy certificate under self-certification lies on the Owner. Applicant and Licensed Technical Personnel and they shall be held personally responsible and accountable in case of false declaration and will be liable for punishment as per the provisions of Telangana Municipalities Act 2019 and TSbPASS Act 2020.
6. In case of any change of use of the building after issue of building permission or occupancy certificate, the owner shall submit revised proposal to competent authority and obtain prior approval for the change of use of building as per rules and regulations in force.

13.  User Charges: The applicants shall pay the user charges as prescribed below (online payment only) and these charges are subject to revision by the Government from time to time. The user charges so collected shall be accrued in an escrow account, to be maintained by the State Level Nodal Agency and will be used for meeting the expenses for implementation of TSbPASS. The other fees and charges shall be directly transferred online to the concerned ULB / Line Departments.

TABLE-III

S.No.	Plot area	User charges
1.	Upto 75 sq.yds ( 63 sq.mts)	Nil
2.	Above 63 sq.mts and up 200 sq.mts	Rs.1000
3.	Above 200 sq.mts and up to 500 sq.mts	Rs.2500
4.	Above 500 sg.mts and up to 1000 sq.mts	Rs.5000
5.	Above 1000 sq.mts and up to 2000 sq.mts	Rs.10,000
6.	Above 2000 sq.mts and upto 4000 Sq. mts	Rs.20,000
7.	Above 4000 sg. mts	Rs.50,000

Contd. 10.

:: 10 ::

14.  Process flow for line Departments / Agencies for Clearances required for granting Building Permissions / Layout Approvals:

1. The line Departments will examine the application and communicate the shortfall within 10 working days from the date of receiving application.
2. The citizen will respond to the Department within 30 days from the date of shortfall received.
3. The Department shall ensure provision of clearance within the time-limit.
4. In case of exceeding of time limit in provision of clearance, the application will be considered as deemed to be approved.
5. If the concerned Department fails to give a decision on the request for information within 10 days and clearance within the prescribed time limit from the date of receipt of application, the concerned Officer in the Department shall be levied a penalty.
6. The Head of the Department of respective Department will be responsible for ensuring the provision of information, communicating shortfalls within time limit, responding to the shortfalls, provision of clearance within prescribed time limit.

15.  Time limits for processing and disposal of applications for issue of NOCs / Clearances with respect to various Departments is as indicated below

Sl. No.	NOCs / Clearance	Department / Agency	Time Limits
1	Land Use Certificate as per Master Plan	Metropolitan Commissioner, HMDA	3 Days.
2	NOC for Petrol Bunk, Multiplex & Theatres	District Collector / Commissioner of Police (Traffic)	14 Days
3	Water feasibility certificate	Managing Director, HMWS&SB	7 Days
4	Provisional Fire NOC	DG, Telangana State Disaster Response & Fire Services Department	14 Days
5	LCC Proceedings as per Telangana Non-Agriculture Land Assessment Act 2006	Revenue	14 Days
6	NOC if the site is located nearby water bodies within 200 Mts. from the Boundary of the River / LAKE / Pound / Cheruvu / Kunta	Irrigation Department	10 Days
7	NOC if the site is located nearby water bodies within 200 Mts. from the Boundary of the River / LAKE / Pound / Cheruvu / Kunta	Revenue	10 Days
8	Environmental Clearance Certificate for all Building & Construction projects having built up area more than 20,000 Sq.Mts., and land development (Layouts), Town Ships & Area Development projects covering an area above 50 Ha.	Member Secretary, Telangana State Pollution Control Board / State Environmental Impact ays Assessment Authority (SEIAA)	14 Days
9.	NOC in case of sites in the vicinity of Water Pipe line / Oil / Gas Pipe line if any	HMWSSB / Mission Bhagheeratha / Concerned Oil / Gas Company	7 Days
10.	NOC in case of sites located within a distance up to 100 Mts. From protected Monuments as notified under archaeological monuments and ancient sites are remains Act 1955	State Archaeological Department	10 Days
11.	NOC in case of sites located within the vicinity of any Heritage Structure notified as per the respective law, the prior clearance from the concerned Authority (Heritage Conservation Committee) shall be obtained.	Heritage Connservation Committee	10 Days
12	NOC for cutting of Trees	Farest Department / Excise Department	7 days
13	Airport Authority of India (AAI)	Airport Authority of India (AAI)	Instant
14	National Monument Authority (NMA)	National Monument Authority (NMA)	Instant
15	Technical clearance / remarks as per Building Rules 2012	Regional Deputy Director of Town Planning / Director of Town and Country Planning	7 days

Contd. 11.

:: 11 ::

16.  Clearances through online by other line departments / agencies:

1. Irrigation Department:
   1. Application shall be referred to Irrigation Department if there is water body/Nala/ Water course in vicinity of the site with reference to G.O.Ms.No.168 M.A & U.D. Department, dated. 07-04-2012 ( at a distance of 200 mts for lakes / rivers and 50 mts for Nalas)
   2. The irrigation Department shall examine and report either shortfall or clearance within the respective time limits.
   3. No building / development activity shall be allowed in the bed of water bodies like river or nala and in the Full Tank Level(FTL) of any lake, pond, cheru or kunta / shikam lands. Unless an Level and other stated, the area and the Full Tank Level (FTL) of a Lake / Kunta shall reckoned as measured and as certified by the Irrigation Department and Revenue Department.
   4. The above water bodies and courses shall be maintained as Recreational/ Green Buffer Zone and no building activity shall be carried out within
      1. 50m from the boundary of the River outside the Municipal Corporation/ Municipality limits and 50m with in the limits. The boundary of the river shall be as fixed and certified by the Irrigation and Revenue Department.
      2. 30m from the FTL boundary of lakes/ Tanks/ Kuntas of area 10 Ha and above.
      3. iii. 9m from the FTL boundary of Lakes / Tanks / Kuntas of area less than 10Ha / shikam lands;
      4. 9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m.
      5. 2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10m.
   5. Unless and otherwise specified in the Master Plan / Zonal Development Plan.
      1. In case of (d)(i) &(ii) above, the buffer zone may be utilized for road / Promenade of minimum 12m width, wherever feasible.
      2. The above buffer zone to be left may be reckoned as part of tot lot or organized open space and not for setback requirements
2. Railways Department:
   In case of site abutting to Railway property NOC from Railway Authorities need not to be insisted. However it will be the responsibility of the applicants to leave 30 mts buffer (which may also include road) from the railway property as prescribed by the Railway Authority in their rules.
3. Revenue Department:
   1. Application shall be referred to the Additional Collector (Revenue) / Joint Collector if there is a Water body within the vicinity of 200 mts of the proposed site.
   2. The applications pertaining to lands falling in Government Lands/ULC lands will be referred to District Collector / Additional Collector for remarks.
   3. Application without NALA certificate shall be referred to RDO concerned for issue of NALA conversion Certificate as per Land Conversion Assessment Act-2006.
   4. The Competent Authority shall examine and report either shortfall or clearance within the respective time limits.

Contd. 12.

:: 12 ::

(14) Fire Services Department:

1. Application shall be referred to Director General State Disaster and Fire Services Department or his authorized officer, if the height of the building is or higher than 18 mts for residential buildings, 15 mts and above for commercial buildings (including parking floor if provided) and buildings of public congregation like Educational buildings, Cinema theatre, Function Halls and Other Assembly buildings on plot area of 500 Sqmts and above or of height 6.00 mts and above.
2. The Fire Services Department shall examine and report either shortfall or clearance within the respective time limits.

(5) Airport Authority of India:

1. Application where the site proposed for building / layout is falling in Airport Development area and in the funnel zone shall be referred to Airport Authority of India.
2. All the buildings of height more than 18 mts shall be referred to Airport Authority of India (including parking floor if provided).
3. The Airport Authority of India shall examine and report either shortfall or clearance within the respective time limits.
4. Irrespective of their distance from the aerodrome, even beyond 22km limit from the Aerodrome Reference Point, no radio masts or similar installation exceeding 152m in height shall be erected except with the prior clearance from Civil Aviation Authorities.
5. For building activity within the Restricted Zone / Air Funnel Zone near the airport, necessary clearance from the concerned Airport Authority shall be obtained.

(6) Forest Department & Excise Department:

1. Application shall be referred to Forest Department if felling of income generating trees is required for the development.
2. Application shall be referred to Excise Department if felling of taddy trees is required for the development.
3. The Forest Department/ Excise De partment shall examine and report either shortfall or clearance within the re spective time limits

(7) State Environmental Impact Assessment Authority (SEIAA)

1. Proposal exceeding 20,000 sq.mts of built-up area in case of buildings/ 50 hectares and above in case of layouts shall be referred to the State Pollution Control Board for clearance from State Environment Impact Assessment Authority.
2. The State Pollution Control Board shall examine and report either shortfall or clearance within the respective time limits.

(8) Heritage Structures

1. In case of Sites located within the distance up to 100m from protected monuments as notified under Archeological Monuments and Ancient Sites and Remains Act 1955 and as amended no construction is allowed.
2. For the Sites located within distance of above 100m and up to 200m from the protected monuments, the construction is allowed only after obtaining prior permission from the National Monument Authority.
3. For the Sites located within the vicinity of any notified Heritage Structure, prior clearance from the concerned Authority shall be obtained.

(9) No Objection Certificate from Commissioner of Police (Traffic):

Proposals for construction of cinema theaters/ multiplexes shall be referred to Commissioner of Police (Traffic) for issue of necessary NOC. The Commissioner of Police Traffic shall examine and report either shortfall or clearance within the respective time limits.

(10)Clearance from Joint Collector / Additional Collector:

Proposals for establishment of petrol filling stations shall be referred to Joint Collector for necessary clearance who shall examine and report either shortfall or clearance within the respective time limits.

Contd. 13.

:: 13 ::

17.  Notifying of clearances where the provision of deemed approval shall apply:

1. The provision of deemed approval shall be applicable to all applications for which clearances / NOCs were not issued by the respective departments / agencies within the time limits prescribed, provided these applications are complete in all aspects and there are no further information/query pending and where the delay in granting approval is held up for want of clearances from agencies/Departments/institutions other than those of the State Government.
2. If no order is issued on the building / Layout application within the time limit prescribed, then the approval will be deemed to have been issued.
3. The TS-bPASS approval Proceedings so issued to the layouts and building proposals after the prescribed time limits has lapsed is binding on all concerned Departments.
4. The permission issued under deemed clause can be revoked by the Competent Authority within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by misrepresentation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions under Sub Section (11) of Section 6 of the Act.

18.  Right to Clearances & Grievance redressal under TSbPASS:

1. The applicant has the right to ask for approval or seek explanation for the delay in approvals, if they are not issued within time limit as prescribed and where clearances are not pending with agencies other than the State Government. It will be incumbent upon the Concerned Department/Officer concerned to answer for such delays and respective Head of Departments shall be accountable for timely processing.
2. The applicant seeking information on the reasons for delay in approval shall make a request in writing/online to the Nodal Agency.
3. The nodal Agency shall seek a report from the concerned Department within 2 working days. The concerned Department shall either process immediately or furnish proper reason for delay within the next 5 working days from the date of reciept of the notice.

19.   Penalty for delay in scrutiny and post verification; The delay shall be calculated by the system

1. If the concerned Department fails to examine and give a decision / approval on the TSbPASS application within the prescribed time limit then the delay shall be calculated automatically by the system and the penalty shall be levied on the concerned officer responsible for the delay.
2. In all such cases, a penalty of Rs.1000/- (Rupees one thousand only) for each day till relevant decision is given or reason for delay in approval is furnished. However, the total amount of such penalty shall not exceed Rs.25,000/- (Rupees Twenty-Five Thousand only) and all cases, where penalty exceeds this said amount shall be reported to State Level Committee. The penalty is subject to revision by Government from time to time.

Contd. 14.

:: 14 ::

20.   Penalty for misrepresentation of the facts:

The onus to ensure authenticity of Self-Declaration and compliance with a Self- Certification lies with the owner, applicant and License Technical Personnel. He /She will be held personally responsible and accountable in case of false declaration, the applicant and the License Technical Personnel will be liable for ; punishment which includes imprisonment up to three years; levy of penalty as may be decided by the TSbPASS Committee; demolition or taking over or sealing of the property without any notice as per the provisions of Telangana Municipalities Act 2019 and TSbPASS Act 2020 besides cancelling the licenses of License Technical Personnel (LTP) and forfeiting the mortgaged built-up area.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

ARVIND KUMAR

PRINCIPAL SECRETARY TO GOVERNMENT

To,
The Commissioner and Director, Printing, Stationery and Stores Purchase Telangana Hyderabad (in duplicate, with a request to publish the Notification in the Extraordinary Gazette of Telangana and furnish 200 copies to Government)
The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad.
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad
The Director of Municipal Administration, Hyderabad, Telangana State. The Commissioner, Panchayat Raj Department
The Commissioner and Inspector General of Registration and Stamps, Hyderabad
The Director of Town and Country Planning, Telangana. Hyderabad
The Vice Chairmen of all Urban Development Authorities in the State
The Commissioners of all Municipal Corporations/ Municipalities in the State of Telangana - through CDMA.
All District Collectors
All Gram Panchayats in the State of Telangana (through Commissioner, Panchayat Raj)
All Departments of Secretariat
All Heads of Department.
The Director General of Fire Services.
The Chairperson, Telangana Transco.
The Managing Director, H.M.W.S&S.B, Hyderabad.
The Engineer in Chief (Public Health) Hyderabad.
The Managing Director, Telangana Housing Board.
The Law (A) Dept.,
Copy to:
The Principal Secretary (N) to Chief Minister.
The P.S. to Chief Secretary to Government
The OSD to Minister( MA & UD Department).
The OSD to Minister (PR & RD Department)
S.F/IS.C

//FORWARDED ::BY:: ORDER//

SECTION OFFICER.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14

Regularization of Unapproved and Illegal Layout Rules 2020

GOVERNMENT OF TELANGANA
ABSTRACT

Telangana State – Panchayat Raj & Rural Development and Municipal Administration & Urban Development - Regularization of Unapproved and Illegal Layout Rules 2020 for Urban and Rural areas- Orders – Issued.

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (Plg.III) DEPARTMENT

G.O.Ms.No.131.

Dated: 31.08.2020

Read the following:-

1. Telangana Urban Areas (Development) Act, 1975,
2. Greater Hyderabad Municipal Corporation Act, 1955,
3. Telangana Town Planning Act, 1920;
4. Telangana Municipalities Act, 2019
5. Hyderabad Metropolitan Development Authority Act 2008
6. Telangana Panchayat Raj Act 2018
7. Memo No. G2/257/2019, Dated 26.08.2020 issued by the Inspector General of Registration and Stamps, Telangana, Hyderabad

-:oOo:-

ORDER:

Government of Telangana, with a view to promote planned sustainable development of both in Urban and Rural areas in the State, are encouraging development through approved layouts.

2.   However, Government has observed that there are still many unapproved and illegal layouts and such unauthorized layouts, because of their deficiencies in infrastructure puts extra pressure on the local bodies but more importantly, puts the plot owners in such layouts at great inconvenience. Such substandard and unapproved sub divisions of plots defeat the very objective of planned development and severely affects the planned extension of services and amenities by the local bodies.

3.  In order to ensure that planned sustainable development takes place in all such unapproved layouts, no registration of plots will be permitted henceforth in such unapproved /unauthorized/illegal layouts. In order to bring all these unplanned/ unapproved/ unauthorized layouts into the fold of planned sustainable development and to provide basic facilities in these areas and a better quality of life for the plot owners in these layouts and in the nearby areas, Government hereby issue the following Rules for Regularization of Unapproved and Illegal Layouts in the State of Telangana for both rural and urban areas.

4.   Accordingly, the following notification shall be published in an Extraordinary issue of Telangana Gazette dated: 31.08.2020

NOTIFICATION

In exercise of powers conferred in Section 58 of the Telangana Urban Areas (Development) Act, 1975, Section 585 of the GHMC Act, 1955, Section 44 (2) (v) of the Telangana Town Planning Act, 1920; Section 238 (1) of the Telangana Municipalities Act, 2019 and Section 56(1) of HMDA Act 2008 and Section 286 of Telangana Panchayat Raj Act 2018, the Government of Telangana hereby makes the following rules namely;

Contd.Page. 2.

:: 2 ::

1. 1. These Rules may be called “Telangana Regularization of Unapproved and illegal Layout Rules, 2020“
   2. It shall be deemed to have come in to force with effect from 31.08.2020
2. Applicability:
   1. These Rules shall be applicable to entire State of Telangana viz; areas falling in Hyderabad Metropolitan Development Authority, all Urban Development Authorities, all Municipal Corporations, all Municipalities and all Gram Panchayats.
   2. These Rules and conditions herein shall be applicable to all existing unapproved sub-division of plots, existing unapproved layouts or ventures promoted by land owners/ private developers/ firms/ companies/ property developers /Societies where (i) the plots have been sold through a registered sale deed, (ii) unauthorized layouts developed provided atleast 10% of plots are sold through Registered Deed,on or before 26.08.2020.
   3. These Rules are only intended for regulating the unplanned development and shall be applicable to all unapproved layout areas which have clearance from the competent authorities under the Urban Land Ceiling and Regulation Act 1976, Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 wherever required and which have not been entered in the Prohibitory Register of lands maintained by the Revenue Department. The regularization measure would not absolve the plots or layout from the application of Land Ceiling Laws, land disputes or claims over title, boundary disputes, etc. In respect of assigned lands, prior clearance from the District Collector shall be obtained.
   4. In the event of only some plot holders coming forward for regularization in an unapproved layout, the layout pattern as approved by the competent authority shall be applicable to the entire layout area. The local authority shall be responsible for enforcing such approved layout pattern.
   5. No registration of plots shall be done henceforth in all such unauthorized and unapproved layouts and no building permissions shall be granted under the relevant provisions in such layouts. Regularization of plots / layouts is a pre-condition for registration / sale of such plots / obtaining building approval / construction.

5.  Definitions:

1. “Unapproved/illegal layout” means sub-division of land into plots with or without developed roads, open spaces and amenities and without the approval of the Competent Authority ;
2. “Competent Authority”means ;
   1. Commissioner, Greater Hyderabad Municipal Corporation in case of areas falling in GHMC limits ;
   2. Municipal Commissioner in case of Municipal Corporations / Municipalities;
   3. District Collector / Additional Collector (Local Bodies) in respect of Gram Panchayat areas falling in UDA areas / outside UDA areas.
3. “Minimum standards of layout development” means the standards of facilities and amenities as prescribed by the Competent Authority in approving such unapproved layouts
   1. “Minimum standards of layout norms” means the standards of layout norms and pattern as prescribed by the competent authority in approving such unapproved layouts
   2. “Plot holder” means a person on whose name the plot is registered with a registered sale deed executed on or before 26.08.2020.
   3. “Layout owner” means a person who has developed the layout and sold the plots on or before 26.08.2020. Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective Rules / Regulations / Bye-laws of the respective local authorities and as defined in the National Building Code 2016 or relevant Acts as the case may be, unless the context otherwise requires.

Contd.Page. 3.

:: 3 ::

6.  Cut-off date for considering regularization of unapproved layouts:

1. Only those layouts and sub-division of plots with registered sale deed/title deed existing as on 26.08.2020, shall be considered for regularization under these rules. The applicant shall furnish copies of the sale deed / title deed. Agreement of sale or General Power of Attorney shall not be considered as evidence. No illegal / unauthorized plots shall be permitted after the cut off date.
2. Unauthorized layouts which have come up on or before 26.08.2020. The layout owner is also eligible to file application for regularization of unsold plots provided atleast 10% of plots in the said layout are sold and registered on or before the said due date.

7.  RESTRICTIONS ON APPROVAL IN VICINITY OF CERTAIN AREAS:

1. No Layout / development activity shall be allowed in the bed of Water bodies like River or Nala, and in the Full Tank Level (FTL) of any Lake, Pond, Cheruvu or Kunta and in Shikam lands.
2. The above Water Bodies and Courses shall be maintained as recreational/Green Buffer Zone, and no Layout development activity other than recreational use shall be carried out within:-
   1. 30 meters from the boundary of River Course/ Lakes of area of 10 Hectares and above;
   2. 9 meters from the boundary of Lakes /Kuntas/Shikam lands of area less than10 Hectares ;
   3. 9 meters from the boundaries of Canal, Vagu, etc.
   4. 2 meters from the defined boundary of Nala
3. Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake/Kunta shall be reckoned as per the Master Plan/Revenue Records/Irrigation records.
4. Unless and otherwise specified in the Master Plan/Zonal Development Plan,
   1. In the casesreferred in clause (b) (i) above, in addition to development of recreational/green belt along the foreshores, a ring road or promenade of minimum 12meters width may be developed, wherever feasible.
   2. The above greenery/landscaping and development shall conform to the guidelines and provisions of the National Building Code of India.
5. For layout development activity within the restricted zone near the Airport or within 500 meters distance from the boundary of Defense areas/ Military establishments, necessary clearance from the concerned Airport Authority/ Defense Authority shall be obtained.
6. In case of sites in the vicinity of oil/gas pipelines, clear distance and other stipulations of the respective authority shall be complied with.
7. For areas covered under G.O.Ms.No.111 M.A & U.D Dept., dated 8.3.1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes), apart from the provisions of statutory Master Plan of HMDA/ HADA, the restrictions on layout and development activity imposed in the said Government orders would be applicable
8. No approval shall be considered in sites which are earmarked for Industrial / manufacturing Use Zone(viz., TSIIC Industrial Estates / lands allotted by the Government for industrial purpose) /Recreational Use Zone/Water Body/Open space use in notified Master Plans/Zonal Development Plans.
9. Open Spaces earmarked in any approved layout shall not be considered for regularization under these Rules.
10. Sites / Plots which are under legal disputes, ceiling surplus lands / Government lands / Endowment lands / Wakf lands / Shikam lands and entered in Prohibitory Register of lands maintained by Revenue Department shall not be considered for regularization under these rules.

Contd.Page. 4.

:: 4 ::

8.  Compulsory Application for Regularization:-

1. Applicant should file an online application or at mee-seva center / CSC in the prescribed format for regularization of the plot/layout before the Competent Authority by 15.10.2020 for all such plots /Layouts which are Unapproved / Unauthorized and not covered under the prohibitory category.
2. Registration fee– individual plot owners shall pay registration amount of Rs.1000/ alongwith the application and the layout developers shall pay an amount of Rs.10,000/ for the entire layout (payment can be done online through any of the online payment mode).
3. The applicants can file Online application through any of the following:
   1. Common web portal
   2. Mee-Seva Centre
   3. Citizen Service Centre located at local body;
   4. A smart phone based mobile app as developed for this purpose.
4. Following documents shall be enclosed with the application form:
   1. Self attested copy of first page of the registered sale deed/title deed (b) In case of unsold plots, the layout owner shall file copies of Sale Deeds (at least 10 % of total plots).
   2. Any other document as required by the Competent Authority will have to be submitted once an intimation is received from the concerned authority subsequent to initial registration under the scheme.
5. Application for regularization of unapproved layout and subdivision of plots can also be made by a society/association/colony developer representing the plot owners in unapproved layout.

9.  In cases where an application is received in a site that is contrary to the land use stipulated in the statutory plan, the competent authority shall have the power of approving the case except those specified in rule 7 above by levying the necessary conversion charges.

Contd.Page. 5.

:: 5 ::

10.  Payment of Regularization charges / Pro-rata open space chargesAll applications which are received within the time stipulated in rule 8(1) above shall be taken up for processing and regularization amount for all such accepted applications shall be paid in the following manner:

1. The applicant shall pay the fees and charges as detailed below:
   1. Basic regularization charges which are inclusive of betterment charges, development charges and layout scrutiny charges, penalty and other charges, at the following rates:
      TABLE – I
      BASIC REGULARISATION CHARGES
      
      

      Plot Area in Sq.mt	Basic Regularization Charges Rs. per Sq.mt
      Less than 100	200
      101 to 300	400
      301 to 500	600
      Above 500	750
      Slums	5 (irrespective of plot area and land value)

      The actual regularization charges will be the percentage of basic regularization charges and shall be calculated based on the land value prevailing as on 26.08.2020 as given below.

      TABLE – II
      REGULARISATION CHARGES WITH REFERENCE TO THE LAND VALUE
      
      

      Market value of the land as on 26.08.2020(Sub Register value) in Rs per Square Yard	Regularization Charges (% of basic regularization charges as mentioned in above table)
      Up to 3000	25%
      3001 to 5000	50%
      5001 to 10000	75%
      Above 10,001	100%

      
      
   2. Pro-rata open space charges: If 10% open space is not available in the un-approved layout pro-rata open space charges @ 14% of the plot value prevailing as on the date 26.08.2020 shall be paid.
   3. Conversion charges as prescribed in rule 9 of the Rules.
2. The above charges shall be remitted within three (3) months of intimation and latest by 31.01.2021, whichever is earlier, either in instalments or in one go within this time period, failing which regularization of plot will not be considered and will be treated as unauthorized. No relaxation of time shall be granted.

11.  Scrutiny and approval by the Competent Authority:

1. After receipt of an application the Competent Authority shall scrutinize application in accordance with detailed guidelines issued for implementation of these rules;
2. In case of applications which are found to be not in accordance with these Rules, such applications shall be rejected; mere pendency of any application with the Competent Authority beyond prescribed timelines shall not be construed as deemed approval.
3. The Competent Authority may engage the services of third party agency including graduate Engineers for scrutiny of the applications and for field inspections.

Contd.Page. 6.

:: 6 ::

12.  Norms to be insisted for regularization of unapproved layouts:The Competent Authority shall ensure the following minimum norms of layout for such layouts:

1. The road width shall be minimum 9 meters. In case of weaker section layouts or plots less than 100 sq meters, the road width may be 6 meters. In case required road width is not available required depth for widening equal on both sides shall be insisted.
2. Shall ensure overall connectivity and integration with surrounding infrastructure and road pattern.
3. Where an unapproved layout site is affected in the Statutory Master Plan road network, the competent authority shall retain the alignment in the said layout and if not feasible, the Competent Authority with prior approval of Government is authorized to suitably modify the Master Plan road.
4. The layout pattern as far as possible shall be retained ipso facto and only in exceptional cases like need for connectivity, integration with surrounding network, etc. modifications may be considered by the Competent Authority.
5. Water bodies if any shall be preserved in the layout, subject to taking up protection and improvement of foreshores of such water bodies.

13.  Failure to come forward for regularization of unapproved layouts / plots:Where an application is not filed for regularization of unapproved layout/plot, the following consequences have to be faced by the plot owners:

1. No regular water supply connections and services like drainage and sewerage would be extended.
2. No sale /disposal or transactions shall be allowed in such sites by the Registration Department.
3. No building approvals shall be considered by the building sanctioning authority in such unapproved layouts/plots.

14.  Utilization of LRS Amount:The LRS amount collected shall be kept in separate escrow account and separate guidelines shall be issued by the Government on utilization of LRS amount for development of infrastructure in respective local bodies.

15.  Appeal:

1. Any applicant aggrieved by an order passed by the Competent Authority under rule 11, may prefer an appeal to the Appellate Committee constituted by the Government within seven days from the date of receipt of the order provided the applicant has paid the necessary charges and submitted documents as specified in rule 8 of these rules.
2. All the appeals shall be disposed off within 7 days.

16.  The Government shall separately issue detailed guidelines and standard formats as well to operationalize these rules as deemed fit.

17.   All existing Rules, Regulations, Bye laws and orders that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules.

Contd.Page. 7.

:: 7 ::

All concerned authorities including District Collectors, Additional Collectors (Local Bodies), Municipal Commissioners, District Panchayat Officers & Panchayat Secretaries shall take necessary action immediately.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

SOMESH KUMAR

CHIEF SECRETARY TO GOVERNMENT

To,
The Commissioner and Director, Printing, Stationery and Stores Purchase Telangana Hyderabad (in duplicate, with a request to publish the Notification in the Extraordinary Gazette of Telangana dated: 31.08.2020, and furnish 1000 copies to Government)
The Principal Secretary to Government MA& UD Department
The Secretary to Government, Panchayat Raj Department
The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad.
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad
The Director of Municipal Administration, Hyderabad, Telangana State.
The Commissioner, Panchayat Raj Department
The Commissioner and Inspector General of Registration and Stamps, Hyderabad
The Director of Town and Country Planning, Telangana. Hyderabad
The Vice chairman of all Urban Development Authorities in the State
The Commissioners of all Municipal Corporations/ Municipalities in the State of Telangana - through CDMA.
All District Collectors
All Gram Panchayats in the State of Telangana
All Departments of Secretariat
All Heads of Department.
The Director General of Fire Services.
The Chairperson, Telangana Transco.
The Managing Director, H.M.W.S&S.B, Hyderabad.
The Engineer in Chief (Public Health) Hyderabad.
The Managing Director, AP Housing Board.
Copy to:
The Principal Secretary (N) to Chief Minister.
The OSD to Minister( M.A).
The P.S. to Chief Secretary to Government
S.F/S.C

//FORWARDED ::BY:: ORDER//

SECTION OFFICER

Pages: 1 2 3 4 5 6 7

TS -bPASS ACT, 2020.

ARRANGEMENT OF SECTIONS

THE TELANGANA STATE BUILDING PERMISSION APPROVAL AND SELF CERTIFICATION SYSTEM (TS-bPAS S) ACT, 2020.
(ACT NO. 12 OF 2020.)

INDEX
CHAPTER- I.
PRELIMINARY.

Section No.    Contents

1. Short title, extent and commencement.
2. Definitions.
   CHAPTER - II.
   CONSTITUTION, POWERS AND FUNCTIONS OF THE DISTRICT COMMITTEES , STATE COMMITTEE AND NODAL AGENCIES.
3. Constitution, powers and functions of District Committee.
4. Constitution, powers and functions of State Committee.
5. Constitution, powers and functions of Nodal Agency.
   CHAPTER - III.
   DEVELOPMENT OF LAND AND C ONS TRUC TION OF BUILDING.
6. Development of Land and making of Layout.
7. Approval of Building permissions.
8. Occupancy Certificate.
9. Penalty for misrepresentation of the facts.
10. Enforcement.
    CHAPTER - IV.
    MISCELLANEOUS.
11. Combined Application Form (CAF).
12. Filing of Application Forms.
13. Power to call additional information.
14. Self-Certification.
15. Time Limits for processing of applications.
16. List of Deemed Approvals.
17. Acknowledgement and information of rejection of application.
18. Review of District level cases.
19. Review of State Level cases.
20. Exemption.
21. Penalty.
22. Right to clearances under TS-bPASS.
23. Offences by Companies, etc.,
24. Act to override other Laws.
25. Powers to remove doubts or difficulties.
26. Powers to give directions.
27. Savings.
28. Power to make rules.

1. Short title, extent and commencement.

THE TELANGANA STATE BUILDING PERMISSION APPROVAL AND SELF CERTIFICATION SYSTEM (TS-bPASS ) ACT, 2020.
ACT NO. 12 OF 2020.^*
[19th September, 2020]

AN ACT TO PROVIDE SPEEDY APPROVAL OF LAYOUTS / BUILDING PERMISSIONS IN A TRANSPARENT AND TIME BOUND MANNER AND STRICT ENFORCEMENT AGAINST UNAUTHORISED DEVELOPMENTS, CONSTRUCTIONS IN THE STATE OF TELANGANA AND FOR MATTERS CONNECTED THERE WITH OR INCIDENTAL THERE TO.

Be it enacted by the Legislature of the S tate of Telangana in the Seventy-first Year of the Republic of India as follows:-

CHAPTER - I.
PRELIMINARY.

1.

1. This Act may be called the “TELANGANA STATE BUILDING PERMISSION APPROVAL AND SELF CERTIFICATION SYSTEM (TS-bPASS) ACT, 2020”.
2. It extends to the whole of the S tate of Telangana.
3. It shall come into force on such date as the S tateGovernment may by notification in the Telangana State Gazette, appoint.

* Received the assent of the Governor on the 19th S eptember, 2020.

2. Definitions.

2. In this Act, unless the context otherwise requires,-

1. “Acknowledgement” means the acknowledgement issued under section 17 of this Act;
2. “Application Form” means the online form for submission of application for Certificate of Registration / Instant Building Approval / Building Permission / approval, as may be prescribed;
3. “Authorized Representative of the Nodal Agency” means Additional Collectors (Local Bodies) / Additional Collector of District / any other officer as notified for all Municipalities / Municipal Corporations vested in concerned District;
4. “Check List” means the list as may be prescribed in the application under this Act;
5. “Clearances” means grant or issue of no-objection certificate, allotments, consents, approvals, permissions, registrations, enrollments, licenses and the like, by any competent authority or authorities, under the provisions of this Act;
6. “Commissioner” means the Commissioner of the Municipality or of the Municipal Corporation;
7. “Company” means a company as defined in the Companies Act, 2013, and includes any foreign company;Central Act No.18 of 2013.
8. “Competent Authority” means the C ommissioner of the concerned Municipality / Municipal Corporation as the case may be;
9. “Development” means the carrying out of any activity of construction or building, or other operations in, or over, or under land or water, or the making of any material changes or otherwise, in any building or land or any part thereof, or in the use of any building or land, and includes any repairs or redevelopment and layout and sub-division of any land and the words “to develop” shall be construed accordingly;
10. “District Collector” means the District Collector incharge of a District;
11. “District Committee” means the “District TS -bPAS S Committee” constituted under section 3 of this Act;
12. “District Level TS-bPASS Committee” is the District Level Committee (Single Window Committee) constituted by the Government under section 3 of this Act;
13. “Fee Receipts” means online payment receipt or the original challan receipts issued by the Government Treasury as a proof of payment or demand drafts issued by a Scheduled Commercial Bank;
14. “Form for informing deemed approval” means the format (including online) in which the deemed approval is issued;
15. “Government” means the Government of Telangana;
16. “High-rise building” means and includes all buildings with 18 meters or more in height measured from the average level of the central line of street on which the site abuts, staircase rooms, lift rooms, chimneys, elevated tanks above the topmost floor and architectural features are excluded from the height of such building;
17. “Land” includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislation over any street;
18. “Licensed Technical Personnel” is a Licensed Architect or E ngineer or Town Planner or S tructural Engineer or Surveyor or any other technical person as prescribed to plan, design and supervise for carrying out layout and building developmental activities, and also to issue certificate of supervision of such a development of land and building in municipal areas;
19. “Master Plan” means a comprehensive plan showing therein the existing and proposed locations and general layout of (a) arterial streets and transportation lines, (b) residential areas, (c) commercial areas, (d) industrial areas, (e) educational institutions, (f) public parks, playgrounds and other recreational places, (g) public and semi-public buildings, and (h) any other places put to any specified use or earmarked and proposed to be used for any of the purposes as mentioned in this definition and as provided under this Act;
20. “Nodal Agency” means the agency notified at the State level or at the District level under section 5 of this Act;
21. “Notification” means a notification published in the Telangana Gazette and the word ‘notified’ should be construed accordingly;
22. “Owner” means and includes,-
    1. the person for the time being receiving or entitledto receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used;
    2. the person for the time being in charge of theanimal or vehicle in connection with which the word is used;
23. “Prescribed” means prescribed by the rules made under this Act;
24. “Register of Applications” means the Register prescribed in which the details of the applications are entered;
25. “Right to clearances under TS-bPASS” means a system bestowed for clearances, same as in the lines of Right to Information Act, which enables imposing of penal action on officers responsible for delay;Central Act No.22 of 2005.
26. “Self-Certification” means an official statement that a person make about himself, especially while applying for municipal services;
27. “Self-Declaration” means the act of declaring something that is stated or made known in an official or public way by the individual;
28. “Single Window System” is a facility to process the applications for permission through online by streamlining the different processes and approvals, in order to act as a single point of contact for requesting various services,submission of documents and payment of fees as prescribed;
29. “State Committee” means the “State TS-bPASS Committee” constituted under section 4 of this Act;
30. “Time Limit” means the number of working days within which a decision has to be taken by the concerned Municipality/Municipal Corporation or any line Department involved in granting NOCs/clearances, from the date of receipt of application;
31. “Telangana State Building Permission Approval and Self-Certification System (TS-bPASS)” means a body constituted under this Act meant for according clearances and approval for manufacturing proposals;
32. The words and expressions used in this Act, but not defined shall have the meanings assigned to them in the relevant Acts.

3. Constitution, powers and District Committee.

CHAPTER - II.
CONSTITUTION, POWERS AND FUNCTIONS OF THE DISTRICT COMMITTEES,
STATE COMMITTEE AND NODAL AGENCIES.

3.

1. The State Government may, by notifications, constitute a “District Level TS-bPASS Committee” for each functions of district / GHMC, which shall consist of the District Collector as the Chairman and Commissioner GHMC as Chairman in case of GHMC, Additional Collector as Member-Convener and District Level / Regional Level officials of relevant departments as members for such term as may be specified in the notification.
2. The District Level Committee shall be the Competent Authority at the district level and exercise the following powers and perform the following functions namely:-
   1. to meet at such times and places as the C hairmanof the C ommittee may decide and shall transact business as per the procedure as may prescribed;
   2. to review and monitor the processing of applications by the competent authorities;
   3. to forward cases with remarks and relevantdocuments to the State Committee for decision;
   4. to invite competent authorities or experts, who arenot members of the Committee, as special invitees for any meeting of the District Committee as desired by the Chairman of the Committee;
   5. the Member of the District Committee shall attendthe meeting convened under clause (i) personally and in case he is unable to attend the meeting, he may depute a senior level officer with a written authorization to take appropriate decision in the meeting;
   6. such other powers and functions as may beprescribed;
   7. monitoring and reviewing in District performance with respect to clearances and permissions in all ULBs within the District;
   8. monitoring the disposal of all applications received under TS-bPASS strictly within the prescribed time line;
   9. keeping record of dashboard and MIS reportspertaining to all applications received under TS-bPASS;
   10. review of rejected cases/reasons for delay inapprovals and ensuring disposals of applications in stipulated time period as per the provisions of this Act, building rules and prescribed procedures;
   11. reporting to Government with respect to status/pendency of applications received under TS-bPASS;
   12. constituting the post verification teams drawingthe officials from the following Departments, Roads and Buildings Department, Panchayat Raj Department, Irrigation Department to conduct post verification of site conditions; title aspects, technical aspects and violations if any, with reference to the information furnished by the applicant at the time of obtaining building permission through online. In case of GHMC , the special task force headed by the Zonal Commissioner shall constitute post verification teams as prescribed;
   13. managing the activities of post verificationteams;
   14. constituting required number of enforcementsquads (demolition squads) duly evaluating the requirement depending on the quantum of construction activity in the Municipalities/ Municipal Corporations in the District;
   15. monitor the complaints received from the citizensand their redressal by all the line Departments / Agencies involved in issuing Building/Layout permissions or clearances;
   16. the District level TS-bPASS Committee shallmeet twice in a month preferably first and third week or alternatively second and fourth week of every month as decided by the Chairman of the Committee;
   17. the District Level TS-bPASS Committee will actas a District Task Force (DTF) at District level to detect and monitor the unauthorized constructions, unauthorized layouts and take timely enforcement action. In respect of GHMC , there will be a special task force constituted for each zone headed by Zonal Commissioner.

4. Constitution, powers and functions of State Committee.

4.

1. The Government may, by notification, constitute a State Committee known as the “State TS-bPASS Committee”, which shall consist of Principal Secretary / Secretary MA&UD as the Chairman and the Commissioner and Director of Municipal Administration as the MemberConvener with HODs of the relevant departments as other members for such term as may be specified in the notification.
2. The State Committee shall be the Competent Authority at the State Level and exercise the following powers and perform the following functions namely:-
   1. to meet at such times and places as the Chairmanof the Committee may decide and shall transact business as per the procedure as may be prescribed;
   2. to review and monitor the processing of applications by the Competent authorities and District Committees and to forward the orders of the competent authority to the applicant;
   3. to forward specific cases with remarks andrelevant documents to the State Government for decision;
   4. to invite competent authorities or experts, who arenot members of the Committee, as special invitees for any meeting as desired by the Chairman of the State Committee;
   5. the Member of the State Committee shall attendthe meeting convened under clause (i) personally and in case he is unable to attend the meeting, he may depute a senior level officer with a written authorization to take appropriate decision in the meeting;
   6. such other powers and functions as may be prescribed from time to time;
   7. monitoring and reviewing the Departmental (linedepartments) performance with respect to clearances / permissions and issue necessary instructions to the District Level TS-bPASS Committee/ULBs line Department to expedite the approvals under TS -bPASS ;
   8. review the functioning of District Level TS -bPASS Committees, District Task Force (DTF), PMU and Chasing Cell and issue necessary instructions as may be required for implementation of TS-bPASS.

5. Constitution, powers and functions of Nodal Agency.

5.The State Government may, by notification, appoint a Nodal Agency at the State level for implementation of TS-bPASS and to coordinate with District Collectors, Members of TS-bPASS Committee and to provide necessary logistic support/secretarial support/ administrative clearances for implementation of TS-bPASS in the State.

6. Development of Land and making of Layout.

CHAPTER - III.
DEVE LOPMENT OF LAND AND CONSTRUCTION OF BUILDING.

6.

1. The applications for Layouts will be processed through the Self-Certification System in accordance with the Layout rules, and as notified in the Master Plan or Detailed Planning S cheme or Local Area Plan, in the manner as may be prescribed. Once all requisite documents are submitted and required fee is paid through a web-based online system, the tentative Layout Plan shall be approved within a period of 21 days and will be communicated online in order to carry out the infrastructure activities and provision of amenities in the defined time frame.
2. There shall be a District Level Committee which willverify, in the manner as may be prescribed, the actual development and implementation of the layout and whether it is in conformity with the tentative layout approval as given in sub-section (1).
3. The Government may constitute a Layout ApprovalCommittee for every district under the Chairmanship of District Collector with Superintendent Engineers or Executive Engineers of Roads and Buildings Department, Panchayat Raj Department and Irrigation Department to process the application for Approved Layout Plan, in the manner as may be prescribed. In case of GHMC , the committee will be headed by the Commissioner, GHMC.
4. Upon completion of the Layout, the owner ordeveloper, shall submit online application along with the self certification duly attested by Licensed Technical Personnel, in the manner as prescribed declaring that the development in the layout is as per norms. The developer shall also register all the roads and open spaces in the Layout in favor of Municipality. This is a pre-condition to be eligible to get the final layout approval. Based on the self certification of completion and upon registering the open spaces including roads in favor of the municipality, the approved layout plan shall be processed and approved by the layout approval committee constituted under sub-section (3) and shall be issued online to the developer.
5. In case, the layout was obtained by making a falsestatement or misrepresentation of any material facts, the same shall be revoked as per the procedure, as may be prescribed.
6. Government may constitute special task force at theDistrict level / GHMC level to take action against unauthorized layouts in the manner as prescribed. The special task force at District level / GHMC shall inspect the unauthorized layouts and take action against all such unauthorized layouts.

7. Approval of Building permissions.

7.

1. No piece of land shall be used as a site for the construction of a building, and no building shall be constructed or reconstructed, and no addition or alteration shall be made to an existing building without the self certification based declarations or the required approval in the manner prescribed, relating to the use of building sites or the construction or reconstruction of buildings:

   Provided that the Government may exempt certain buildings from taking building permission under this section, in the manner prescribed.

2. For plot size upto 75 square yards (63 squaremeters), and the construction of ground or ground plus one floor, will not require any permission. The applicant however need to register online with a token amount of Rs.1 and duly self certifying his title, the size of the plot and floors, it shall also not require a completion certificate or occupancy certificate. Any plot bigger than 75 sq yards cannot be split for this purpose or this provision cannot be misused for taking up constructions in government or prohibited or disputed land and action as prescribed shall be initiated for violations noticed.
3. Plot size upto 500 square meters and height upto 10 meters: The permission applications for all the individual residential buildings having plot area of 500 square meters and less and building height of 10 meters as specified, shall be processed through an online based Self-Certification System in accordance with the Master Plan or Detailed Planning Scheme or Local Area Plan and the building rules and in the manner prescribed, and upon furnishing all required information details shall get instant online approval.
4. The onus to ensure authenticity of self-certificationand compliance with the self-certification lies with the applicant, who shall be held personally accountable and liable in case of false declaration and action shall be initiated against the said person, as prescribed.
5. The owner or developer shall along with the buildingapplication form, submit an undertaking that in case of any actual construction made by him or her in violation of sanctioned plan, the Government or the Commissioner or the Agency authorized by him or her shall take-up the demolition without issuance of any notice. Further, the District level committee may verify the documents so submitted, and in case of any misrepresentation or false statement, the action shall be taken as prescribed.
6. Citizens shall be encouraged to bring to the notice ofMunicipality and District Collector cases where unauthorized construction or construction in violation of or in excess of permissions, in the manner prescribed. The identity of such informers shall be kept confidential. All such cases shall be examined within a week from such information and appropriate action initiated. The informant shall be incentivized in all such cases where the information furnished by him is found to be correct.
7. Plot size above 500 square meters and height above10 meters: There shall be a single window system in case of applications for building permission in plots of area above 500 square meters and height above 10 meters and all Commercial Buildings, High Rise Buildings, Group Development Schemes, Group Housing, Apartment Complexes, Multiplexes, Non Residential Buildings and other such constructions, which require multiple NOCs, one common application form shall be submitted through web based online system as prescribed.
8. The online application has to be submitted with allrequisite documents as may be prescribed. The online system shall not accept the application unless all such documents are submitted. Such documents upon submission shall be examined by the single window committee set up for this purpose and shortfalls or incompleteness or cases where further information or clarification is needed shall be communicated to the applicant within 10 days from the date of applying, in such manner, as may be prescribed.
9. In all other cases, the applications for buildingpermissions accompanied by all valid and required documents, as required and prescribed, shall be sanctioned within 21 days and in such manner, as may be prescribed.
10. If no order is issued on the building applicationwithin the time prescribed, then the approval will be deemed to have been issued, as may be prescribed. The official concerned shall be liable for disciplinary action, if there has been a delay in arriving at a decision within the time period.
11. The permission issued under deemed clause canbe revoked by the commissioner within 21 days from the date of deemed approval if it is found that deemed approval has been obtained by mis-representation of the facts or false statements, and/or against the building rules, regulations and Master Plan land use provisions.

8. Occupancy Certificate.

8.

1. In case of non-high rise buildings constructed in plots above 200 square meters and less than 500 square meters, the Occupancy Certificate will be issued through online based on the Self Certification submitted by the Owner or Builder in the prescribed proforma duly attested by the Licensed Technical Personnel, stating that the building has been constructed as per the sanctioned plan and as per rules and regulations in force.
2. The onus to ensure authenticity of self-declarationand compliance with the Self-Certification lies on the Owner, Applicant and Licensed Technical Personnel, who shall all be held personally responsible and accountable in case of false declaration, and the Owner, Applicant and the Licensed Technical Personnel, will be liable for punishment as provided in section 9.
3. In case of High rise Buildings and Buildingsconstructed in plots 500 square meters and above, the applicant shall submit online Self Certification in the prescribed proforma duly attested by the Licensed Technical Personnel, that the building has been constructed as per the sanctioned plan and as per rules and regulations in force and based on the Self Certification, Occupancy C ertificate and mortgage shall be issued within 15 days from the date of receipt of application.

9. Penalty for misrepresentation of the facts.

9.The onus to ensure authenticity of self-declaration and compliance with the Self-Certification lies with the Owner, Applicant and Licensed Technical Personnel. He/she will be held personally responsible and accountable in case of false declaration, the Applicant and the Licensed Technical Personnel will be liable for punishment which includes imprisonment upto three years, levy of penalty, demolition or taking over or sealing of the property without any notice besides cancelling the Licenses of License Technical Personnel (LTP) and forfeiting the mortgaged plots in case of layout or mortgaged built up area flats in case of buildings.

10. Enforcement.

10.

1. Government may constitute a special task force at the District level / GHMC level to detect and monitor the unauthorized constructions and take timely enforcement action in the manner as prescribed.
2. Upon detection of construction or reconstruction ofany building which has been commenced without obtaining the permission of Commissioner or carried out or completed otherwise than in accordance with the sanctioned Master Plan or Detailed Town Planning Scheme or Local Area Plan or in breach of any of the provisions of this Act, or any rule or regulation or bye-laws made under this act, the C ommissioner or the Agency authorized by him shall take up the demolition of the unlawfully executed work and recover the cost incurred for doing so, from the owner.
3. The Registration Authority shall not register anyBuilding or S tructure or part of the Building without the production of sanctioned plan approved by the Municipality.
4. The electricity and water supply connection shall begiven to buildings which have obtained necessary authorization in the manner as prescribed.
5. During the construction of the Building the owner orBuilder shall upload the photographs at different stages of the construction as prescribed.
6. Whenever a complaint or case is brought by anyCitizen regarding the unauthorized construction or constructions in deviation to the sanctioned plan, it shall be examined within a week from its receipt and necessary action initiated.

11. Combined Application Form (CAF).

CHAPTER - IV.
MISCELLANEOUS.

11.

1. It shall be competent for the Government to prescribe combined application forms which may consist of,-
   1. forms under Central enactments without anychange; and
   2. existing forms or new forms in lieu of the existingforms under S tate enactments.
2. All Departments or Authorities concerned shall accept such application forms for processing and issue of required clearances.

12. Filing of Application Forms.

12.All applications for clearances shall be submitted withthe required fees in the prescribed manner to the competent authority.

13. Power to call additional information.

13. On receipt of application, the competent authority shallhave power to obtain further additional information from the applicant as required by him, while furnishing a copy of the same to the Nodal Agency.

14. Self-Certification.

14.

1. Every applicant shall furnish a ‘Self-Certification’ at the time of submitting application form to the Competent Authority, undertaking in such form and manner as may be prescribed, that he shall comply with the applicable provisions of the relevant Acts and the rules made there under.
2. The self-certification furnished by the applicant shall be accepted by the concerned Departments and Authorities for the purpose of issue and granting clearance/ permissions.

15. Time Limits for processing of applications.

15. Notwithstanding anything contained in any State law forthe time being in force,-

1. The Government may lay down the procedure forprocessing and disposal of applications.
2. The Competent Authority may ask for additionalinformation at any time before the expiry of the period stipulated for the disposal of such clearance:

Provided that such request for additional information should be made only once by the competent authority. After receipt of the additional information, the Competent Authority shall pass orders on the application before the expiry of the stipulated time from the date of receipt of such additional information.

16. List of Deemed Approvals.

16.

1. While prescribing time limits, the State Government may notify the clearances in respect of which failure of the competent authority to pass final orders on the application within the stipulated time shall result in deemed approval.
2. The applicant may proceed to execute the work or take other action following the provisional or deemed approval given at by the Competent Authority, but not so as to contravene any of the provisions of the Acts or rules or bye-laws applicable to such clearances.

17. Acknowledgement and information of rejection of application.

17.The appropriate Competent Authorities shall acknowledge the receipt of application, the date on which the application was received by the Competent Authority and inform the applicant within the time, in the case of rejection of application.

18. Review of District level cases.

18. Notwithstanding anything contained in any S tate law, forthe time being in force,-

1. The District Committee may, either suo-motu or onan application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, and if the District Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the S tate Committee with remarks and relevant documents for a decision;
2. The State Committee shall examine all casesreferred to it by the District Committee and pass appropriate orders;
3. The decision taken by the State Committee shall bebinding on the District Committee and the respective Competent Authorities.

19. Review of State Level cases.

19. Notwithstanding anything contained in any State law, forthe time being in force, the State Committee may, either suo-motu or on an application, examine any order passed by any competent authority, rejecting any clearance or approving it with modification, and if the State Committee considers that there are valid grounds for a change in such decision, it shall forward such case to the Government with remarks and relevant documents for a decision.

20. Exemption.

20. The State Government may, by notification, exempt any clearances from any of the provisions of the Act.

21. Penalty.

21. Any applicant who fails to comply with the conditions orundertaking in self-certification given to the Nodal Agency or other department or authorities shall be punishable with fine as prescribed by government from time to time as well as rectification of the defect.

22. Right to clearances under TS-bPASS.

22.

1. Provision of “Right to Clearances under TS-bPASS” system to the applicant to know the reasons for delay and to cause the imposition of penalties to the designated officers of the competent authority.
2. The State Government may, by notification, create a “Grievance Redressal Mechanism” to effectively deal with the grievances that may be filed by applicants under the TSbPASS process.

23. Offences by Companies, etc.,

23.

1. Where an offence under this Act is committed by a C ompany, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

   Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

2. Notwithstanding anything contained in sub-section(1), where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer, 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-

   1. “Company” means a company as defined in the Companies Act, 2013, and includes any foreign company;Central Act No.18 of 2013.
   2. “Director” in relation to a firm means a partner in the firm.

24. Act to override other Laws.

24.

1. Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.
2. The provisions of this Act will supersede the relevantprovisions of Greater Hyderabad Municipal Corporation Act and Hyderabad Metropolitan Development Authority Act relating to building permissions and enforcement.Act No.II of 1956.& Act No.8 of 2008.

25. Powers to remove doubts or difficulties.

25. If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty.

26. Powers to give directions.

26. The State Government may, from time to time, issue to the State Committee or the District Committees such general or special directions of policy as they may deem necessary or expedient for the purpose of carrying out the objects of this Act and the said State Committee or the District Committees, as the case may be, shall be bound to follow and act upon such directions.

27. Savings.

27. The provisions of this Act shall not apply to any clearances required under Central enactments.

28. Power to make rules.

28.

1. The Government may by notification make rules for carrying out all or any of the purposes of this Act;
2. Every rule made under this Act, shall immediately after it is made be laid before the Legislature of the State, 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 expiry of session in which it is so laid or the session immediately following, the Legislature agrees 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, 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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