Andhra Pradesh Municipalities (Layout) Rules, 1970

 In exercise of the powers conferred by Clause (s) of sub-section (2) of Section 326 read with Section 185 of the Andhra Pradesh municipalities Act 1965 (Act 6 of 1965), the Governor of Andhra Pradesh hereby makes the following rules relating to the approval of layouts by municipal councils the same having been previously published at Pages 105-120 of Rules Supplement to Part 1 of the Andhra Pradesh Gazette, dated 3rd April, 1969, as required under Clauses (a) and (b) of sub-section (1) the said Act.

1. These rules may be called the Andhra Pradesh Municipalities (Layout) Rules, 1970.
2. In these rules

(a) "Act" means the Andhra Pradesh Municipalities Act, 1965;

(b) "General Town Planning Scheme" or " Detailed Town Planning Scheme and "Master plan" mean the General Town Planning scheme or detailed Town Planning Scheme sanctioned under the Andhra Pradesh (Andhra Area) Town Planning Act, 1920 and the master plan snactioned under Chapter XIV of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956 saved by sub-section (2) of Section 391 of the Act.

(c) "Government" means, the Government of Andhra Pradesh' and

(d) "Section" means, the section of the Act.

3. Every application under sub-section (1) of Section 185 of the Act, for sanction of a layout and forming a new private street or road shall be sent to the Municipal Office in the form prescribed in Appendix `A'.
4. Every such application shall bear the signature of the owner of the land and licensed surveyor and it shall be affixed with a court fee stamp of the value as may be prescribed by the Government from time to time.
5. The application shall be accompanied with the following particulars namely.- (i) a site plan in quadruplicate which shall also be signed by a licensed surveyor and the owner of the land down to a scale of not less than 1:1000 on a tracing cloth showing the top details of the land and sanction layouts if any, within a distance of 100 metres around the proposed site clearly indicating survey numbers within and around the existing roads in and around the sites, buildings, huts, open spaces, natural water courses, big trees and permanent fetures which cannot be distrubed normally, and other developments if any taken place and the streets or roads, giving access to the site and connecting them with any existing public or private street or road.

(ii) the detailed plans in quadruplicate of the site under reference drawn to a scale not less than (1:500) accurately drawn and on tracing cloth which shall be in consonance with the particulars mentioned in subsection (1) of Section 185 and shall also show:-

(a) the boundaries of the land based on certified survey Records and with survey number indicated;

(b) alignment of the proposed streets;

(c) the proposed with of the streets;

(d) the proposed building lines;

(e) the proposed sizes and number of plots;

(f) places set apart in the layout for the purposes mentioned in Clause (b) of Sub-section (2) of Section 184 and also places set part for other communal and public purposes such as shops, bus- stops and parking places;

(g) the purposes of utilisation of the plots such as pucca buildings, huts, tenements, detached, semi-detached, or row houses or for factories, shops; etc.

(h) electric lines (high tension or low tension), water mains and sewers if any, telephone and telegraph lines, etc., alignment of National and State highways, and major and minor district roads passing through the land;

(i) the spot levels at intervals of 15 metres for the whole area under reference and also along the existing road from which access is sought to a length of at least 100 metres; and

(iii) a statement of the arrangements made for the hole area under reference and also along the existing road from which access is sought to a length of at least 100 metres; and(iii) a non-encumbrance certificate from the Registration Department for the lands covered by the layout together with a true copy of the title and attested by the Gazetted officer; and

(iv) a receipt of the Municipality showing the amount of non- interest bearing security deposit at the rate of Rs. 3,000 per sq. metre (total area of land covered by the layout) for the due fulfillment of the obligations imposed under Section 184 or in lieu of each deposit, a security in the shape of land of such extent equivalent to the value of cash deposit in the area covered by the layout shall be mortgaged through a registered mortgage deed in favour of the Municipality or in the form of Bank guarantee equivalent to the amount of security deposit in the Form prescribed in Appendix "G".

6. Applications not received in the prescribed form and not accompanied by the documents mentioned in Rule 5 above shall be rejected.
7. The arrangements to be made for levelling, metalling roads with approaches from the existing public or private roads under sub-section (1) of Section 185 shall be in conformity with the specifications mentioned in Appendix `B' to these rules.
8. The width to the streets and roads in the layout shall conform to the minimum requirements as indicated in Appendix `C' and also subject to the provisions of the General Town Planning Schemes or the Detailed Town planning Schemes or both or the Master plans.
9. (1) A plot intended for residential purposes shall not be less than 200 sq. metres with a minimum width of 9 metres in areas of the Town other than those set apart of

(a) hut areas declared as such under Section 205;

(b) Slum clearance and rehabilitation areas as notified under the Andhra Pradesh Slum Improvements (Acquisition of Lands) Act, 1956;

(c) areas to be developed by the Government or the Municipality or any other authority authorised by the Government or the concerned Municipality for housing harijans, persons belonging to weaker sections of the society, persons engaged in unclean occupations; and

(d) housing for Industrial workers.

(2) A plot intended for residential purposes in areas set apart or proposed by various authorities under categories (a), (b), (c), and (d) mentioned in sub-rule (1) above shall not be less than 8 Metres x 12 Meters.

(3) The size of the plots for non-residential buildings shall be fixed by the Council in consulation with Director of Town Planning.

(4) The corner plots at the junction of the roads shall be splayed off with such offset, or rounded off to such extent as may be made by the Director of Town planning while recommending the proposal under sub-section (3) of Section 185.

(5) No plot in a layout shall be sub-divided or utilised for any purpose other than the purpose for which the layout is approved and sanctioned except with the prior approval of Director of Town Planning who will consider the need and necessity for such sub- division or such other purpose, with due regard to the changes, taking into consideration the zoning and other land use proposals or regulations.

10. (1) The area of land required to be set apart under Clause (b) of sub-section (2) of Section 184 shall not be less than 5% of the gross area covered by the layout with not more than 8 plots per gross hectare over and above this for the increase of every two plots per gross hectare, the open spaces to be provided shall increase by one more per cent. [Such open space shall, however, be limited to 10% a maximum, irrespective of the size of plots when minimum, extent and width safety as per sub-rule (1) of Rule 9].

(2) In case the area, for which a layout is sought for, falls in a Master Plan or in a Town Planning Scheme and for which a draft scheme is already furnished by the Director of Town Planning or in a sanctioned Town Planning Scheme or Master Plan, if a portion of his land falls in the area earmarked in such plan for a common public purpose in the interest of general development of that locality, the owner of such land shall transfer such percentage of the area of layout as prescribed in sub-rule (1) free of cost to the Municipality. In other cases i.e., if the area so earmarked in the layout under reference are more than such percentage as prescribed in sub-rule (1), he shall also transfer the entire area so proposed to be reserved in the layout and he is entitled to receive compensation at the prevailing market rate from the Municipality for the part of his site which is in excess of the extent of land which he has to provide as per sub-rule (1).

(3) Irrespective of the fact, whether an area lies in a notified or sanctioned Town Planning Scheme or the area covered by Master Plan, if the area of land covered by a layout is fairly small say less than half hectare in extent, the owner in such cases also should set apart and transfer such extent as prescribed under sub-rule (1) of the total extent to the Municipality. But the Council is at liberty to dispose of such land with the concurrence of the Director of Town and Country Planning provided it does not form part of compact block of open space which could be carved out with the neighbouring layout areas to any body at the rate fixed by the District Collector.

Provided that the rate so fixed by the District Collector shall not be less than the registration rate fixed by the Registration Department for the said localities and utilise the amount so realised for acquisition and development of a larger piece of land required for community facilities in the locality as may be decided by the Council with the approval of the Director of Town and Country Planning.

(4) The Municipality shall not use the lands so transferred for any purpose other than for which it is so transferred for any purpose other than that for which it is so transferred or shall not utilise the amount for any other purpose other than the acquisition of the land for the purpose for which it is so transferred.

(5) The land to be set under Clause (b) of sub-section (2) or Section 184 as required by sub-rules (1) and (3) in respect of the size of the layout not exceeding one hectare may be provided in the areas set apart for public purpose in the sanctioned General Town Planning Scheme (Master Plan) in the vicinity of the layout areas as may be decided by the Council with the approval of the Director of Town and Country Planning so as to secure larger extents of land for public purposes].

11. The Executive Committee shall within fifteen days of the receipt the application with all the particulars communicate to the applicant conditions and modifications subject to which the layout will be considered for approval indicating the estimated cost of development and the amenities.
12. (1) The applicant shall within ten days after the receipt of communication under Rule II communicate to the Executive Committee through the Secretary of the Municipality his agreement in the form prescribed in Appendix `D' execute the works etc, as per specifications referred to in Appendix `B' and as per plans and drawings enclosed by the Secretary depending upon the nature of soil; or request the Secretary to carry out the said works on his behalf and deposit the cost thereof on a provisional basis as per the estimates furnished by the Secretary less the initial deposit already made under Rule 5(v) and also an additional non-returnable deposit of a sum equivalent to 5% of the provisional estimated cost of works to be executed by the Municipality at the expense of the applicant towards supervision charges.

(2) If it is not possible for the applicant to deposit the amount referred to above in cash he shall furnish a guarantee from a Chartered Bank in the form prescribed in Appendix `E' or execute a Registered Mortgage deed at his cost hypothecating such extent of the land covered by the layout or the number of plots whose value is not less than the total estimated cost of the work referred to in sub-rule (1) in the form prescribed in Appendix `F' subject to the condition that any unforeseen expenditure over and above the provisional estimated cost plus supervision charges is met by the applicant by supplemental deposit to the extent necessary over and above the initial cash deposit made or a guarantee from a Chartered Bank given already.

Explanation. - The word `unforeseen' includes inter alia, administrative delay in the execution of the works by the Municipality caused due to reasons beyond its control.

13. If a reply is not received from the applicant within ten days of the receipt of the communication referred to in Rule 11 the original application shall be treated as having lapsed and the deposit amount deposited under Rule (v) shall be refunded after deducting 2 per cent towards cost of scrutiny inspection, etc., on application made by the applicant.
14. On fulfilment of the conditions laid down in Section 148 to the entire satisfaction of the Secretary, the owner of the layout shall within a reasonable period which shall not exceed one year from the date of communication of the approval of the layout under sub-section (3) of Section 185, of transfer the private streets or roads along with the lands set apart for parks, play- grounds, educational institutions or for any other public purposes under Clause (b) of sub-section (2) of Section 184 or under sub-rule (1) of Rule 10 to the municipality.

Appendix A

(See Rule 3)

Layout Application

(Under sub-section (1) of Section 185 of the Andhra Pradesh Municipalities Act, 1965)

To

The Chairman, Municipal Council.

Sir,

I/We hereby give you notice that I/We intend to utilise, sell, lease or otherwise dispose of my/our land/lands or portions or portions of the same bearing S.No. .and having an extent of .sq. meter in.Street.Division or ward of the (to be deleted wherever necessary) consequent on their conversion into a building site under Section 184 (1) of the Andhra Pradesh Municipalities Act, 1965 on payment of the required conversion fee; as site for the construction of buildings for residential or non- residential, industrial, commercial purposes as indicated hereunder and in accordance with the provisions of Sections 184 and 185 of the Andhra Pradesh Municipalities Act, 1965 and Section 17 of Andhra Pradesh (Andhra Area) Town Planning Act, 1920 of Section 244 of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1965 as the case may be.

I/We forward herewith four copies of the site-plans drawn to a scale 1:1,000 and other plans as required under these rules with all particulars required under the rules.

I/We, enclose,-

(1) A Statement of arrangements made for providing plantation of avenue trees in addition to the arrangements indicated in the Plan with reference to Clause (c) of sub-section (1) of Section 185 of the Andhra Pradesh Municipalities Act, 1965.

(2) a non-encumbrance certificate from the Registration Department for the lands covered by the layout together with a true copy of the title deed attested by a Gazetted Officer.

(3) (i) a municipal treasury receipt for Rs. .being the non-interest bearing security deposit at the rate of Rs. 1.50 per sq. meter as fixed under Rule 5(v) towards fulfilment of the obligations imposed under Section 184 of the Andhra Pradesh Municipalities Act, 1965;

OR

(ii) a mortgage-deed intended in favour of the Municipality hypothecating lands in the layout area of the value of Rs. towards security in lieu of cash security and abiding by conditions prescribed in this regard.

I/We, jointly and severally agree to develop the roads to the required standard as per the specification prescribed by the Municipality and to provide under ground-storm-water drains through proper culverts and to sewer and light the area and to carry out all the arrangements to the satisfaction of the Secretary to the Municipality as per the agreement that will be executed by me/us on intimation.

I/We, hereby undertake not to utilise, sell, lease or otherwise dispose of the land as sites for the construction of residential or non-residential buildings until all the amenities are provided as indicated in the conditions of the layout either by the Municipality or by me/us as agreed upon through a registered agreement on stamped paper worth of Rs. 3/-.

I/We, undertake to handover to the Municipality the private streets or roads after developing them to the prescribed standards and along with the lands set apart for parks and play- grounds, Educational Institutions or for any other public purpose under Clause (b) of sub-section (2) of Section 184 of the Act.

I/We, agree to the execution of the drainage works (both sewers as well as strom-water) and lighting arrangements to be carried out by the Municipality at my/our expense and to that extent

I/We agree to deposit with the Municipality before sanction of the layout, the provisionally estimated cost and meet any unforeseen further expenditure from time to time as may be claimed by the Municipality.

I am/We are prepared to deposit into Municipal Treasury 50 per cent of the estimated cost of other works to be carried out by me/us, as intimated towards the security deposit (refundable) or prepared to mortgage the plots of an area of equivalent to the security deposit in favour of the Municipality within 7 days from the date of receipt of provisionally approved layout, and the amount of entire deposit is refundable to me by the Secretary of the Municipality, after consulting the Head of the Municipal Engineering Department as to the satisfactory execution of work to the prescribed standard after deducting 5 per cent from the deposit towards supervision charges.

I/We request that the proposed layout may be approved and the permission may be accorded at an early date to enable me/us to proceed with the disposal of lands after the execution of the work as agreed to.

Signature of licensed Surveyor/Architect/Signature of the owners of Land.. Engineer. and address (s) Owner(s).

Enclosures :-

1. Site-Plan in quadruplicate.
2. Statement of arrangement for avenue trees.
3. Non-encumbrance certificate.
4. Municipal Treasury Challan (or mortgage-deed).

Appendix `B'

(See Rule 7)

Specification for water Bound Macadam Road

The Water bound road shall be formed in the following manner:

After shaping the road bed to the required chamber, if the sub-grade is of hard gravel soil then the metal is spread in two layers of 11 cms. thick to get a consolidated depth of 15 cm. A power roller of 8 to 10 tonnes weight is generally to be used. The dry rolling should not be successive so as the cause the crushing of metal. The rolled surface is then watered moderately, and thoroughly rolled until hard and compact so that a highly loaded vehicle makes no impression while travelling on it. The screenings from the metal gravel fine lime stone or kankar then be spread in small quantities uniformly on the surface about 1cm. in thickness in total and water and rolled properly. Finally a top dressing of 0.50 cm. thickness of sand is spread on the surface only and finished of with final rolling. The surface is then kept moist for about two weeks after opening to traffic.

Scheduled carriage way Widths:- The width of carriage way for one lane of traffic should not be less than 4 meters and for two lanes of traffic not less than 7 meters. Accordingly the carriage way widths are indicated in the sketch referred to in Appendix `C'.

Raised foot paths on either side of Carriage Way:- It is necessary that the foot path shall be 15 cm. above the road edge level to provide a measure of protection to the pedastrain from vehicles. There are usually of available earth and gravelled and well consolidated to the satisfaction of the Secretary.

Kerb stones are structurally necessary to prevent lateral spread of road surface material and preserve the bearing value of sub-soil by preventing ingress of sewage water. Granite or Cement concrete are usual materials used for. Granite kerbs one meter long by 30 cm. x 20 cm. are usually adopted and laid flat on roads carrying light traffic in residential areas where its effect will only to be give appearance to the Street lines. To be effective and to give lateral support the depth of concrete should be more. The top surfaces which are exposed should evenly be dressed and tooled. The ends of granite kerbs should be dressed square. The top surface is tooled down to the slope of the foot path generally. This aids drainage. The storm water drains culverts, etc., shall be constructed according to the sizes and specifications as may be prescribed by the Secretary in consultation with the Municipal Engineer.

Appendix C

(See Rule 8)

Minimum Permissible length of street

Appendix `D'

[See Rule 12 (1)]

Agreement Deed

Agreement entered into this between Sri/Smt hereinafter called as the first part which term includes heirs and successors and the individual member and the Municipal Council (hereinafter called the Council) as the second part, whereby it is agreed to as follows:-

1. That Sri/Smt has submitted an application under Section 185(1) of the Andhra Pradesh Municipalities Act, 1965, indicating his/her intention to make layout and from new private streets or roads and dispose of sites for plotting of the land situated at . under Survey No.
2. Whereupon the council agreed to grant permission for making private streets and roads and sites for construction of buildings on the aforesaid land with the condition that the cost of entire drainage works, erection of water supply mains and street lighting, (water bound macadam roads, Table drainage) the balance of amount, plots of equivalent should be mortgaged at the rate of Rs. . per Sq. meter and the following amenities i.e., asphalt roads, table drains, street light brackets and avenue plantations should be completed by Sri/Smt (first part) within one year from the date of sanction of layout as per the specifications given by the Municipal Council in their proceedings vide letter No. . dated . ...
3. That the part agreeing to the above conditions has deposited cost of drainage and other works amounting to Rs. under Challan No. . dated .
4. That the first part has mortgaged plots or land bearing No. and measuring costing Rs. in favour of the Municipal Council in lieu of the balance of betterment charges for providing water bound macadam roads, table drains, street light bracket and avenue plantation under a registered mortgage deed No.
5. That the first part only (on behalf of the second part undertakes to provide the amenities such as water bound macadam road, public drains and street light, water supply within one year from the date of sanction of the layout as per the specifications given by the Secretary to the Municipality.
6. The first part do hereby bind himself/themselves to fulfil the above conditions imposed by the Municipal Council within a period of one year from the date of sanction of layout, failing which the Municipality will be entitled to withhold the sale of plots and the grant of permission for the construction of house under the relevant provisions of the Andhra Pradesh (Andhra Area) Public Health Act, 1939, or any other enactment for the time being in force. In case the party fails to comply with the conditions within the stipulated period the Municipality is empowered to take action as per Sections 359, 360, 361 of 362 of the Andhra Pradesh Municipalities Act, 1965 and auction the mortgaged plots or land and get the works completed and recover from the first part the excess amount, if any that is incurred and required for completing the works in the layout. The first and his heirs shall not be entitled to raise any objection for such recovery.

In witness whereof party I affix my signature on this day already mentioned in the agreement before the following:-

Witness:

1.

2.

Seal Chairman, Municipal Council.

Appendix `E'

[See Rule 12(2)]

Guarantee Deed

Rule No

Whereas . is/are required to furnish a Bank guarantee to the Chairman, Municipal Council for a sum of Rs. (Rupees.) as per the orders of the Council sanctioning layout No. dated . in respect of the situated at

I/We hereby undertake to pay to the Chairman the said sum of Rs. (Rupees.) on demand. I/We undertake not to revoke the guarantee without authority from the Chairman, Municipal Council.

Witness

1.

2.

Signature Bank .............................

Appendix F

See Rule 12 (2)]

Deed of Mortgage by Conditional Sale

This indenture made this day of one thousand hundred between Sri. S/o. resident at (hereinafter called the Mortgagor which expression shall unless excluded by or is repugnant to the subject or context, include his heirs executors administrators and assigns) of the part, and municipal council called "The Mortgagee" which expression shall unless excluded by or is repugnant to the subject or context, include his successor in office and assign of the other part; or context, include his successor in office and assign of the other part:

Whereas the Mortgagor is the absolute and sole beneficial owner and is seized, possessed of or otherwise well and sufficiently entitled to the land and premises hereinafter described in the schedule hereunder written and for greater clearance delienated thereon shown with the boundaries thereof cloured and expressed to be hereby conveyed, transferred and assured (hereinafter referred to as the said mortgaged property).

And whereas the Mortgagor applied for permission under Section 184 and 185 of the Andhra Pradesh Municipalities Act, 1965 to make a layout and from a new private street or road and building plots for residential/non-residential/industrial purposes, and in the land bearing S.Nos. situated at

And whereas the Mortgagee having accepted the same has sanctioned the layout plan/in File No. subject to the condition that the following works as per specifications appended will be completed by the Mortgagor within one year from the date of release of the approved layout.

(i) Water bound Macadam roads estimated to cost Rs.

(ii) Planting of of Avenue trees at Meters intervals estimated to cost Rs. .

And whereas Mortgagor according to the terms and conditions of grant has separately credited Rs. .in the municipal treasury through Challan No. and dated towards the following works to be executed by the Municipality within one year of the date or release of the approved the layout.

(i) Laying of underground sewers along the roads of the layout estimated to cost Rs..

(ii) Laying of storm water drain culverts, etc., along the roads of the layout and construction estimated to cost Rs. .

(iii) Providing Street lights along the street of the layout at.meters intervals estimated to cost Rs. .

(iv) Provision of water supply estimated cost Rs. ....................... And whereas the Mortgagor having deposited 50% of the provisionally estimated cost of works mentioned above and to provide complete the works as started in para 2 with a period of one year from the date of release of the approved layout, in addition to the lands expressly conveyed, transferred and assured as per the description given in the Schedule towards the balance of 50% of the said estimated cost of the works.

Now this indenture witnesseth as follow:

(i) In pursuance of the rules relating to as the approval of layout (hereinafter referred to as the said rules) and in consideration of the deposit and hypothecating of the acquired lands by the Mortgagee to the Mortgagor pursuant to the provisions contained in the said Rules, the Mortgagor doth hereby convenant with the mortgagee that the Mortgagor shall always duly observe and perform all the terms and conditions of the said rules.

(ii) With possession of the lands and the deposit in favour or the mortgagee if the mortgagor completes the work as stated in para supra to he satisfaction of the Secretary, with the agreed period of one year from the date of release of the approved layout, the mortgagee shall at the cost of mortgagor be entitled to the re-transfer of the said plots or land to the mortgager without any further liability on the same towards the execution of works contemplated in para supra.

(iii) It is hereby expressly agreed and declared that if there shall be any breach by the mortgagor of the convenants it shall be law-full for the Mortgagee to sell the mortgaged properties or any part thereof in any manner as to the Mortgagee shall think fit and the mortgagor shall for efeit the right of redemption as against the mortgagee.

(iv) (a) And it is hereby declared that the mortgagee, shall be free to complete the said works with the amount so realised and the mortgagor, shall not be entitled to question the unfettered right of the mortgagee in any court of law.

(b) If the mortgagee has to spend additional amount for execution of the said works over the above the sale proceeds referred to in the above para it shall be realised from the "mortgagor" or the purchaser of individual plots in the said layout area in the same manner as property tax and the other plots not covered by the mortgagee will be under the first charge towards the said excess amount spent by the Municipality.

(c) The mortgagor shall separately convey the private streets and roads with the amenities mentioned in paras supra and the sites reserved for parks and playgrounds, etc., in the layout areas, to the Municipality free of encumbrance at his cost within a fortnight after expiry of one year period allowed for the completion of the works either by the Mortgagor or Mortgagee as the case may be.

(d) The mortgagor shall not during the continuance of these present charge, encumber, after or otherwise dispose of the mortgaged property and other plots unless and until the private streets and roads and open spaces intended, for parks, and playgrounds, etc., are conveyed to the Municipality for treating them as public as indicated in para supra.

(e) That the mortgagee shall be in actual possession of the plots and continue to retain the same till the completion of the said works and the mortgagor shall not interfere with the possession, interest, rights, and title of the mortgagee over the said plots in any way determental to the interests, rights accured in security and change over the said plots to the mortgagee till the works are completed as agreed upon.

(f) The mortgagor does also hereby agree to the Government Revenue, municipal taxes over the said property if any, till the redemption of the property as the same vests automatically in favour of the Municipality.

(g) The terms and conditions of this deed are binding and shall continue to be binding on the mortgagor, his heirs, successors in interest, right as well as a title and ownership and none of them shall be entitled to question the correctness or the genuiness of the terms and conditions of this deed anywhere at any time in any court.

In witness whereof the said mortgagor hereinto set his hand the day and the year first above written.

Signed by the said (Mortgagor)

In the presence of:

1. Witnesses:	2. Witnesses:
Addresses:	Addresses:
Occupation:	Occupation:

Signed by Sri in the office of the Municipal Council for and on behalf of the Council, in the presence of:

1. Witnesses:	2. Witnesses:
Addresses:	Addresses:
Occupation:	Occupation:

Special Secretary to Government. (Diagram omitted)

Appendix `G'

(See Rule 5(v))

Guarantee Deed

Whereas .......................... is/are required to furnish a Bank Guarantee to the Chairman/Municipal Council for a sum of Rs. ... (Rupees. ...) as per the requirements under Rule 5(v) for sanctioning of a layout in respect of SL.No. .. situated at..

I/We hereby undertake to pay the Chairman Municipal Council, the said sum of Rs. .. (Rupees ...) on demand.

I/We undertake not to revoke the guarantee without written authority from the Chairman/ Municipal Council.

Witness: 1. Signature. 2. Bank. (Sd.)

Section Officer

Andhra Pradesh Municipalities (Advertisement Tax) Rules, 1967

1. These rules may be called the Andhra Pradesh Municipalities (Advertisement Tax) Rules, 1967.

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

(a) 'Act' means the Andhra Pradesh Municipalities Act, 1965

(b) 'Advertiser' includes any agent or owner or principal on whose behalf the advertisement is displayed, the owner of any enterprise about which the advertisement is displayed or the owner of the structure of place or building on which the Advertisement is made;

(c) 'Board' includes a case, frame or surface or any material whatsoever.

(d) 'Government' means the State Government;

(e) 'Month' means a calendar month;

(f) 'Person' Includes a Hindu undivided family, any company or association of body of individuals whether incorporated or not;

(g) 'Schedule' means the Schedule annexed to these rules;

(h) 'Sign' means any word, picture, model, device or other presentation, in the nature of an advertisement, announcement or direction, written, printed, prescribed, embossed or painted; and

(i) "year" means the financial year.

Part 1

Assessment, Levy and Collection of Tax on Advertisements.

3. Tax on Advertisements. - When the Municipal Council, with the sanction of Government determines to levy tax on advertisements every person who erects, exhibits, fixes, or retains or displays upon or displays upon or over any Land, building, wall, hoarding, or structure or upon or in any vehicle, any advertisement, or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private including any advertisement exhibited to public view by means of cinema to graph shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated and determined from time to time by the Municipal Council at such rates not exceeding and not falling below the rates specified in the Schedule annexed to these rules:

Provided that no tax shall be levied under these rules on any advertisement which is exhibited in the manner specified in the second and third provisions under Section 114 of the Act.

3A. Display of Advertisements by proprietors of Cinema Houses. - (a) No proprietor of a cinema house or any person incharge of the operation of a cinema house shall exhibit any slide whether plain or coloured in his cinema house or premises unless he has paid a tax on such advertisement at the rates specified in the Schedule and obtained prior written permission of the Commissioner thereof.

(b) No proprietor of a cinema house or any person incharge of the operation of a cinema house shall screen or cause to be screened by "Advertisement shorts" or display or cause to be displayed any advertisement unless he has paid tax on such advertisement and obtained the prior written permission of the Commissioner.

(c) Every proprietor of a cinema house or any person incharge of the operation of a cinema house shall maintain separate for slides advertisement shorts' and Trailor Films' in such forms as the Government may prescribe and keep them upto date for the inspection of the Commissioner and send or cause to be sent monthly statements to the Commissioner. The Commissioner shall have access to the auditorium and such other places where records are kept and maintained for the purpose of checking and verification of such advertisements. It shall be obligatory on the part of the proprietor of a cinema house or any person incharge of operation of the cinema house to extend all reasonable facilities for verification and checking of the slides, advertisements shorts and trailors exhibited or displayed in such cinema house.

(1) Notwithstanding anything contained in any of the preceding rules, the Commissioner may identify the places for erecting hoardings on Municipal sites, the number of places so identified should not exceed 300 in respect of Selection and Special Grade Municipalities, 200 in respect of First Grade Municipalities and 100 in respect of Second and Third Grade Municipalities. If extra number of Hoardings are required the Commissioner may fix the number with the prior approval of Director of Municipal Administration.

(2) The Commissioner may also fix the number of hoardings to allowed on private properties which shall not exceed 200 in respect of Selection and Special Grade Municipalities, 150 in respect of First Grade Municipalities and 75 in respect of Second and third grade Municipalities. The Commissioner may lease out the right to collect fees in respect of use of the above hoardings.

(3) The regulation for the lease shall be as follows

(a) the lease shall be through public auction or as the lease may be by calling tenders for the same;

(b) the advertising agents who have been registered under rule 19 of the rules alone shall be entitled to participate in the bid;

(c) the period of lease shall not exceed three years;

(d) the permissible size of the hoardings shall be as provided in Rule 11(2);

(e) the lessee is empowered to collect the fees on the advertisements; as provided in the Schedule annexed to the rules;

(f) the bidder shall deposit such amount as may be specified by the Municipal Commissioner before participating the auction;

(g) the bidder shall produce a solvency certificate for such amount as may be specified by the Municipal Commissioner either from an Officer of Revenue Department or the Commissioner of the Municipality;

(h) the lease shall be approved by the Municipal Council;

(i) the lessee shall within one week from the date of confirmation of the lease in his favour shall pay ⅓rd of the lease amount as deposit;

(j) he shall pay the lease amount once in six months and such amounts may be paid in the months of April and October of each year. The initial deposit amount paid by the lessee shall be adjusted towards the lease amount for the third year;

(k) in the case of belated payment, penal interest at the rate of 2% per month shall be levied;

(l) in the case where the lessee fail to pay the lease amount, the Municipal Commissioner may re-auction the right to collect fee, on the hoarding for the remaining period and in addition he may recover the loss if any sustained thereby from the Original lessee.

(m) the lessee shall enter into an agreement and it shall be registered, and

(n) the lessee is responsible for the payment of rents if any to the owners on the hoardings erected on the Private site.

4. Procedure for obtaining permission of the Commissioner for erection, etc., of advertisements. - (1) Every advertiser desiring to erect, exhibit, fix, retain, or display in advertisement to public view shall submit or cause to be submitted to the Commissioner, not less than seven clear days before the advertisement is to be displayed and in time before printing copies of advertisements or painting advertisements or exhibiting them in any manner an application in duplicate duly signed in the form prescribed in Annexure-I to these rules with all the particulars required herein together with a copy of the matter to be advertised:

Provided that the Commissioner may, for reasons to be recorded in writing reduce the time limit referred to above in special cases.

(2) The Commissioner shall within seven days from the date of receipt of the application intimate the applicant the tax due on the intended advertisement provided the Commissioner approves of the advertisement. The Commissioner may disapprove of an advertisement, among others on the ground that its contents or the manner of its display are indecent or otherwise offensive to good taste or public sentiment.

(3) The original of the application shall be returned to the applicant immediately on payment of the tax with instructions either to incorporate the permission number and date in the advertisement copies to be printed for displaying within the Municipal limits or in the painting to be done, or to produce copies of advertisement for stamping with the Municipalities stamp in token of the tax having been paid and the advertiser shall carry out the instructions.

(4) Where submission of the application under Sub-rule (1) is impracticable, copies of the advertisements proposed to be erected, exhibited, fixed, retained or displayed shall be produced before the Commissioner along with the application for obtaining the requisite permission.

(5) If such advertisements is approved by the Commissioner, permission may be granted on payment of the tax due in respect of such advertisement and the municipal stamp shall be affixed on all copies of such advertisement in token of the tax having been collected.

(6) The production of the copies of advertisement for the purpose of affixing the Municipal stamp or the incorporation of the permission number and date shall not be insisted upon in cases where the nature of the advertisement does not admit of such production or incorporation.

5. Tax on advertisement when payable. - The tax on advertisement shall be payable in advance after the Commissioner has approved the proposed advertisement and before the permission is granted.

6. Payment of fees in addition to the advertisement tax for erecting, exhibiting, fixing, hanging, retaining or displaying advertisements in or upon any public. - For every advertisement erected, exhibited, fixed, retained, displayed in place or upon road sides and street margins vested in the municipal councils or land belonging to it, separate fees or rent at such rates as may be determined from time to time with the previous approval of the Council, wherever necessary, shall be chargeable with reference to the space allotted and its significance in addition to the tax payable on advertisements.

7. Tax on advertisements payable in full even for a fraction of a month. - (1) Where the advertisement is not intended for the full year the tax will be collected on monthly basis at 1/12th of the amount fixed for the year.

(2) Full monthly tax shall be charged and collected even for a fraction or part of a month.

(3) In respect advertisement by shorts (including trailor films) referred to in item 7-A of the Schedule, to the rules, where the advertisement is not intended for a full month, the tax shall be collected on weekly basis at 1/48th amount fixed for a year:

Provided that, where the said advertisement is intended for less than a week, full weekly tax shall be charged and collected even for a fraction or part of a week.

7B. Tax on advertisements payable in full even for a fraction of a month. - Advertisement Tax on Electronic media including Cable T.V. on advaloram basis at 10% on the rates charged by the Advertisers.

8. Commissioner may enter any place for purpose of inspection etc. - (1) The Commissioner shall have the power to enter into any place for inspection or for removal of any unauthorised advertisement by giving a notice of twenty four hours to the occupant thereof his intention to make such entry.

(2) Every unauthorised advertisement may be caused to be removed by the Commissioner after giving notice under sub-rule (1) at the risk and cost of the party concerned, and may on the expiry of a reasonable period prescribed by the Commissioner cause the advertisement to be removed and the costs therefor recovered in the same manner as property tax.

(3) In respect of the unauthorised advertisement so removed tax shall be collected at such rates as would have been payable if a proper application was made in this regard.

9. Recovery of Tax on advertisement due as arrears of Property Tax. - If any advertisement tax due from any person remains unpaid in whole or in part at the end of the financial year, the such tax or such part thereof as remains unpaid together will all sums payable towards detention fee, expenses incurred on effecting the removal of the unauthorised advertisement etc. in connection therewith shall be recoverable in same manner as property tax.

Part 2

Prohibition and Regulation of Advertisements

10. Places for erecting etc., of Advertisements. - The council may, by notification:- (a) prohibit the erection, exhibition, fixation, retention of display of all or any class of advertisements in or around any street, heavy traffic points or important road junctions or public parks or part thereof, in any place of public resort, place of workshop, historic public buildings including monuments and in purely residential localities; and (b) regulate the erection, exhibition, fixation, retention for display of advertisement in any manner in non-prohibited areas.

11. Advertisement, Hoarding, Cinema and Poster Boards. - (1) Once a regulated hoarding has been allowed at any of the approved sites, all subsequent advertisements shall be required to conform thereto in the matter of size, position alignment, etc., of their hoardings.

(2) The permissible sizes of each hoarding shall be as under:

Size of hoardings (in Metres)	Nature of election
(i) 10 x 4 (ii) 6 x 3 (iii) 4.5 x 2.5 (iv) 4 x 2.5 (v) 3 x 2 (vi) 2.5 x 2	To be erected in horizontal length and verticle height

provided that no hoardings of different sizes shall be allowed at any one place.

(3) The lower base or the bottom of a hoarding at an approved site shall be at a height of not less than 2.44 metres from the surface of the ground below it and it shall be in correct alignment with the other approved hoardings, if any, previously put up on the site.

(4) The supports of all such hoardings shall be of steel or other metal of sound quality timber of about 11.1 11.1 cm. thickness firmly embedded in the ground and suitably painted.

(5) Before an advertisement hoarding is permitted to be erected at an approved site, the advertiser shall be required to submit to the Commissioner, a copy of the design showing the sizes, dimensions, etc., of the hoarding and supports, and the design and colour scheme of the matter to be advertised and no advertisement shall be allowed if is not in harmony with the background or offends good taste, public moral etc.

12. Sign or Signboards. - (1) No person shall without or otherwise, than in conformity with the terms of a permission granted by the Commissioner retain, place, put up or fixed or cause or permit to be retained, placed, put up or fixed any sign or signboard, projecting in, on, over or across a public street or any public place.

(2) No sign or signboard shall be retained, placed, put up, fixed, hung or caused or permitted to be retained, placed, put up, fixed or hung:

(a) so as to project in, on, over or across a public street which is not more than 41/2 metres wide or which has no foot path or drain or aquaduct under the projection:

Provided that sign and signboards against the face of a building in a portion included to the face may be allowed if they do not project more than 15 cm. into the street and are atleast 2.44 metres above the metres above the street level, or at such height as the Commissioner may from time to time prescribe; or

(b) on, or to or against a projecting or support varandah over a public street so as to project, in, over or across such street beyond the footpath appertaining thereto.

(3) The height of the sign or signboard above the street level or ground level, as the case may be, and its thickness at an angle to the surface and extent of project on from the edge of the land or place upto which it can be permitted (from land to land or place to place) shall be determined by the Commissioner keeping view the width of the street.

(4) The Commissioner may refuse permission to put up a sign, signboard or advertisement which is or is deemed to be obscence, against public morality, is likely to injure the religious feelings of any community, provoke a riot or calls for any violation of law.

(5) Permission under these rules shall not be granted unless the sign or signboard is so constructed and maintained as not to endanger public safety or is not likely to fall into any public street or public place, or land vested in the Municipal Council.

13. Sky-signs. - (1) The Commissioner may remove any sky-sign or advertisement or order to shift to another site if, in his opinion, such a course is needed to ensure public safety or convenience.

(2) No sky-sign or advertisement, frame, for other contrivance securely fixed to or one the cornice or block course of any wall or to the ridge of a roof or to the screen shall project behind 0.91 metres into the street.

14. Neon-Signs. - An application for a permit for neon-sign shall accompany a sketch drawn to measurement from the manufacturers.

15. Advertisements to bear the permit number etc. - (1) All the advertisements for which permission has been accorded by the Commissioner in the form prescribed in Annexure II to these rules shall bear the permit number under which and the period for which the display has been permitted.

(2) No person shall deface or cause to be defaced any sign or mark or letter or words put up by the Commissioner or any other officers authorised by him on the advertisements in token of their having been permitted or approved by him and of the tax having been paid thereon.

(3) Advertisements that do not bear the permit number shall be treated as unauthorised and shall be liable for removal.

16. Materials used for the writing, etc., of advertisement to be in accordance with the approved specifications of the Commissioner. - The material that is used for the writing, printing, painting, preparing, erecting, exhibiting, fixing, retaining, displaying or maintaining sky-sign or any other advertisement shall be in accordance with the orders issued and specification approved by the Commission from time to time.

17. Manner of display of advertisements through vehicles. - No vehicle used for the purpose to advertisement shall display any advertisement in a manner or method different from that approved by the Commissioner.

18. Safety of advertisements. - (1) The Commissioner or any other officer authorised by him may remove any advertisement or sky-sign which, in his opinion has been displayed in contravention of the provisions of the Act, rules or bye-laws made thereunder.

(2) The Municipal Council shall not be responsible for the safety of any advertisement displayed on any public street or land. No suit or claim for damages shall lie against the Municipal Council for any loss or damage to and such advertisement or on account of loss damage caused to a third party by such advertisement of sky-sign.

19. Registration of Advertising Agents. - (1) Persons who undertake the display of advertisements within the limits of any municipality on behalf of others, shall control themselves as registered advertising agents by submitting an application to the Commissioner in the form prescribed in Annexure-III to these rules after paying a security deposit of Rupees two hundred in addition to annual registration fee of Rupees ten. A copy of the receipt issued therefor shall be attached to the application.

(2) The Commissioner may reject an application of any person for registration as an advertising agent if he has reason to believe that the particulars furnished by such person are neither true nor is he otherwise fit for reasons to be recorded in writing, to be registered. In case of rejection, the full amount paid towards security deposit and registration fee shall be refunded to the applicant within fifteen days from the date of rejection.

(3) The registration shall be renewed every year on payment of annual registration fee of Rupees ten.

(4) Every registered advertiser before displaying or causing the display of advertisement should satisfy himself that the tax due thereon has been paid the Commissioner's approval obtained therefor.

(5) Every registered advertiser shall maintain proper accounts in such form as may laid down by the Commissioner from time to time and produce them whenever required for inspection by the Commissioner.

(6) The security deposit will, if it is not forfeited for any breach of the rules governing advertisements will be refunded to the depositor on application made by him after the expiry of three months from the date of cessation of the registration or renewal thereof as the case may be.

20. Penalty. - Whoever contravenes any provisions of any of the foregoing rules or fails to comply with any order or direction lawfully given to him under any of the said rules shall, in addition to the liability of tax, be punishable with a fine which may extend up to one hundred rupees.

Annexure - 1

[See Rule 4(1)]

Application for permission for erecting, exhibiting, fixing, hanging, retaining or displaying any advertisement with the Municipal limits of...................

To,

The Commissioner,
Municipality.

Sir,

I/We the undersigned hereby apply for according permission for erection, exhibition, fixation, retention or displaying of the advertisement/sky-sign the particulars of which are furnished as hereunder:

(1) Name and address of the Advertiser

(in full in block letters)

(2) Classification of Advertisement.

(3) Description of the subject matter and languages employed (with Capital letters)

(4) Name and address of the person or the firm on whose behalf the advertisement is displayed.

(5) The description of the structure of place where the advertisement/Sky- sign is proposed to be erected or displayed (premises or site number if any) accompanied by diagramatic sketch plan.

(6) The detailed dimensions of the Advertisement board/sky-sign, etc.

(7) The date from which advertisement/ sky-sign is proposed to be erected or displayed and the probable date or removal (i.e. the date from which and the date up to which permission is required)

(8) The material proposed to be used for the advertisement/sky-sign.

(9) Any other particulars necessary regarding advertisement/sky-sign.

I/We hereby agree to abide by the provisions of the Act, the rules and bye-laws made thereunder and will not display or exhibit or cause to be displayed or exhibited the advertisement till the permission applies for is granted. The particulars mentioned above are correct and true to the best of my/our knowledge.

I/We request that permission may kindly be accorded for the erection, etc., of the Advertisement/Sky-sign, a copy of which/the diagramatic sketch plan of which is enclosed herewith.

Date:

Signature of the Applicant.

[For the use of office]

Permission is accorded/rejected. Advertisement Tax of Rs. ............................. at ................... per sq. metre in advance may be remitted to the municipal account Officer-in-charge of Advertisement.

Tax Section. Orders of the Commissioner Amount of Rs. ....................... (in words) ..................................................... through challan No. ..................... dated. .............................. has been credited to the municipal accounts.

Officer-in-charge of Advertisement.

Tax Section.

Annexure - 2

[See Rule 15(1)]

No...................................... Advertisement permit.

1. Name of the Applicant

2. Address

3. Classification of advertisement

4. Description of the subject matter

5. Measurements

6. Location of display/exhibition.

7. Starting date of the advertisement.

8. closing date of the advertisement

The advertiser shall abide by the statutory provisions of the Andhra Pradesh Municipalities Act, 1965 and the Rules and bye-laws made thereunder (See conditions).

Date:
Office Seal:

Commissioner.

Conditions

1. An advertiser should apply in writing for renewal of the permission to the Commissioner 7 days before the date of expiry of the permission, or well in advance.

2. Advertisement Tax and other fees or charges as required under rules should be paid before erection, etc., of advertisement for which the grant of permission has been sought for.

3. An advertiser is required to take every reasonable care not to cause any inconvenience or hindrance either to pedestrian or vehicular traffic or cause any material damage either to person or property by the display and erection of advertisement in any manner.

4. Breach of any of the provisions of the Andhra Pradesh Municipalities Act, 1965 and the rules and bye-laws made thereunder will render this permission null and void notwithstanding the payment of the advertisement tax to the Municipality.

Annexure - 3

[See Rule 19 (1)]

No.

Application for Registration/Renewal as Advertising Agent of the Municipal Council

Sir,

I, the undersigned hereby apply for registration of my name as advertising agent of the Municipal council for displaying advertisements on behalf of others within the municipal limits of.

1. Name of applicant (in Block letters).

2. Age.

3. Father's/Husband's name.

4. Residential address (premises). No situated in Property Tax ward No. Assessment No. Locality.

5. Permanent Address.

6. In this application for fresh registration/renewal or registration? If for renewal of registration give the previous registration No. and date.

7. Copy in duplicate of present Photographs.

8. Name, designation and address of the person issuing character certificate.

9. Have the security deposit and the fees for registration been paid (Give receipt/challan No. and date attach copy of such receipt/challan to this application).

10. Any other particulars relating to the display of advertisement to be considered by the Commissioner.

I hereby agree to abide by the provisions of the Andhra Pradesh Municipalities Act, 1965 amended from time to time and the rules and bye-laws made thereunder and will not display or exhibit or cause to be displayed or exhibited the taxable advertisement on behalf of others, till my name is registered and till the permission applied for displaying or exhibiting such advertisement is granted.

The particulars mentioned above are correct to the best of my knowledge.

I therefore request that you may kindly register or cause to be registered my name as advertising agent of Municipality.

Dated:

Signature of Applicant

Counterfoil

Received application from Sri/Smt....................... resident of......................for registration as advertising agent of the Municipal council on (dated).......................

Dated:

Signature of Commissioner

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