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State of Andhra Pradesh - Act

THE ANDHRA PRADESH DECENTRALISATION AND INCLUSIVE DEVELOPMENT OF ALL REGIONS ACT, 2020

ANDHRA PRADESH
India

THE ANDHRA PRADESH DECENTRALISATION AND INCLUSIVE DEVELOPMENT OF ALL REGIONS ACT, 2020

Act 28 of 2020

  • Published on 31 July 2020
  • Not commenced
  • [This is the version of this document from 31 July 2020.]
  • [Note: The original publication document is not available and this content could not be verified.]
AN ACT TO PROVIDE FOR DECENTRALISATION OF GOVERNANCE AND INCLUSIVE DEVELOPMENT OF ALL THE REGIONS OF THE STATE OF ANDHRA PRADESH AND FOR PROVIDING FOR ESTABLISHMENT OF ZONAL PLANNING AND DEVELOPMENT BOARDS APART FROM PROVISIONS FOR THE SEATS OF GOVERNANCE IN DIFFERENT REGIONS OF THE STATE AND FOR MATTERS ANCILLARY THERETO.Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventy First Year of the Republic of India as follows:—CHAPTER-I PRELIMINARY

1. Short title, application and commencement –

(1)This Act may be called the Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
(2)It shall apply to the whole of the State of AndhraPradesh.
(3)It shall come into force at once.

2. Definitions –

In this Act, unless the context otherwise requires,-
(a)Board means the Zonal Planning and Development Board constituted under the Rules as may be prescribed under this Act;
(b)Government means the Government of Andhra Pradesh.
CHAPTER-II ZONES AND VILLAGE / WARD SECRETARIATS

3. Local Zones for Planning and Development –

The State Government, may by notification demarcate the entire area of the State into such number of Zones as may be notified by defining the limits of such Zones.

4. Zonal Planning and Development Board –

(1)The Government shall by rules made in this behalf, shall provide for establishment of zonal planning and development boards for the zones created under Section 3 of the Act.
(2)The Government shall prescribe rules under the provisions of the Act providing for the composition of the Board and the procedure regulating its business consistent with the purposes of this Act.

5. Powers of the Zonal Planning and Development Boards –

(1)The Government shall entrust to the Boards such other powers as it may consider necessary to carry out the provisions of this Act.
(2)Without prejudice to the generality of the aforesaid, the power of the Board may include,-
(a)calling for reports and information from the officials of the State Government and its instrumentalities within that zone;
(b)ensuring the preparation, supervision and implementation development plans of that Zone; and
(c)reviewing the implementation of the development plans of that Zone.

6. Functions of the Zonal Planning and Development Board –

(1)Government may entrust to the Boards such functions as it may consider necessary to give effect to the objectives of this Act.
(2)Without prejudice to the generality of the aforesaid, the functions of the Board may extend to,-
(a)preparation of the Zonal Development plan and project plans;
(b)co-ordinate the supervision and implementation of Zonal Development plans, and project plans;
(c)to secure and oversee, the financing of Development plans in that zone; and
(d)to recommend in particular such measures as may be considered necessary to accelerate the pace of development of the backward areas within that zone.
(3)The government shall monitor the implementation of various welfare and development schemes through the village and ward Secretariats constituted for the purpose.CHAPTER-III SEATS OF GOVERNANCE

7. Seats of Governance –

(1)The enable a decentralized model of governance and to provide an inclusive governance in the State there shall be three (3) Seats of Governance in the State of Andhra Pradesh, to be called as ‘Capital(s)’ as under:
(i)Amaravati Metropolitan Region Development Area (hereinafter referred to as Amaravati) to be called as the ‘Legislative Capital’
(ii)Visakhapatnam Metropolitan Region Development Area (hereinafter referred to as Visakhapatnam) to be called as the ‘Executive Capital’; and
(iii)Kurnool Urban Development Area (hereinafter referred to as Kurnool) to be called as the ‘Judicial Capital’.
(2)The above regions shall be construed by the notifications issued under the provisions of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 (Act 5 of 2016).

8. Establishments to be located –

The State Government shall endeavour to locate all the Institutions of the State, the State Department(s) and the instrumentalities of the State in the three Capital(s) under Section 7. Without prejudice to the generality of the foregoing the State shall, as far as practicable, seek to ensure the following:
(i)The seat of Legislature shall be at the Legislative Capital of Amaravati;
(ii)The Raj Bhawan, Secretariat and Offices of the Heads of the Departments of Government shall the located at the Executive Capital of Visakhapatnam;
(iii)The Seat of all State Judicial Institutions established under State legislations, shall, as far as practicable, be located in the Judicial Capital of Kurnool;
(iv)The Government shall initiate steps to seek relocation of the Principal Seat of High Court of Andhra Pradesh to the Judicial Capital of Kurnool and for constitution of bench(es) of the High Court of Andhra Pradesh in accordance with the procedure prescribed under the Andhra Pradesh Reorganisation Act, 2014:
Provided that nothing in this Section shall prevent the Government from locating any Institution or Department(s) of Government in any Seat of Administration that may be at variance with the above or in any area other than the Seats of Authority in any special circumstances for reasons to be recorded in writing.CHAPTER-IV MISCELLANEOUS

9. Finance –

The State Government shall ensure that all financial requirements for achieving the objectives of this Act, be made available as and when the occations arises.

10. Act to override other laws -

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

12. Power to remove difficulties –

(1)If any difficulty arises in giving effect to the provision of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty:Provided that no such order shall be made after the expiry of two (2) years from the date of commencement of this Act.
(2)Every order made under this Section shall be laid, as soon as may be after it is made, before each House of Legislature.

12. Power to make rules -

(1)The Government may by notification in the Andhra Pradesh Gazette, make rules to carry 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 State Legislature if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen (14) days which may be comprised in one session or in two (2) successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following,the Legislature agree in making any modifications in the rule or in the annulment of the rule, the rule shall, with effect from the date of notification of such modification of annulment in the Andhra Pradesh Gazette is notified have effect only in such modify 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.