Chapter V POWERS AND FUNCTIONS OF THE REGIONAL DEVELOPMENT AUTHORITY

(1) The Regional development authority shall secure planned development of the Special Investment Region and shall take steps for its effective regulation and efficient management so as to bring and enhance general welfare, convenience, productivity and excellence. (2) Without prejudice to the generality of foregoing provisions, the Regional development authority shall undertake the management and planning of land resource and infrastructure of the Special Investment Region. (3) The Regional development authority shall, in particular, exercise the following powers and perform the following functions, namely:- (i) to classify and earmark the area of the Special Investment Region for various purposes and usages including economic activities, amenities and community services as it deems fit; (ii) to prepare the development plan for whole or part of the area of the Special Investment Region; (iii) to undertake preparation and execution of town planning scheme for whole or part of the Special Investment Region; (iv) to regulate the development of the periphery area of the Special Investment Region; (v) to acquire, hold and manage immoveable property as it may deem necessary subject to general or specific directions of the State Government in this regard; (vi) to acquire land in the Special Investment Region, by sale, lease, grant, allocation, donation, town planning scheme, consent agreement or through proceedings under the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act 18 of 1966) for the purposes of this Act; (vii) to sale, lease, transfer or dispose off any land or building belonging to it, subject to the regulations made by the Apex Authority; (viii) to carry out surveys in the Special Investment Region for the preparation of development plans and town planning schemes; (ix) to prepare, issue and implement the directions, the standards and the norms for building structures, infrastructure development and other construction activities in the Special Investment Region; (x) to enter into contracts, agreements or concession agreements with any person, entity, developer or organization as it may deem necessary for performing its functions; (xi) to execute, co-ordinate and supervise works in connection with infrastructure or provision of other services and amenities in the Special Investment Region; (xii) to provide for disaster management and mitigation in the Special Investment Region; (xiii) to levy and collect such fee, development charges or user charges as may be ascertained and fixed by the Apex Authority under clause (vii) of sub-section (2) of section 6; (xiv) to remove encroachments and constructions not duly authorized or made in violation of the regulations, directions and norms laid down by the Regional development authority; (xv) to make arrangements for observance and promotion of safety, order, health and environmental safeguards within the Special Investment Region; (xvi) to guide, assist and co-ordinate with other authorities functioning in the Special Investment Region, in matters pertaining to planning and use of land and development of the Special Investment Region; (xvii) to control the development activities in accordance with the development plan and to bring aesthetics, efficiency and economy in the process of development; (xviii) to ensure and make provision for sufficient civic amenities and services including hospitals and medical services, schools, fire services, public parks, markets and shopping places, playgrounds, entertainment areas and disposal of waste and provision of drainage; (xix) to make sustainable arrangements for providing and maintaining the highest standards in civic amenities and services particularly for cleanliness, aesthetics, health and hygiene; (xx) to make enquiry, inspection, examination or measurement of any land and building in any part of the Special Investment Region; and (xxi) to exercise such other powers and discharge such other functions as may be prescribed by the rules or regulations. (4) (a) Notwithstanding anything contained in the relevant Acts, rules or any existing instructions of the State Government, the Regional development authority may frame its own general development regulations and the same shall prevail for developments in the Special Investment Region; (b) Every person, unit or developer or any other stakeholder in the Special Investment Region shall be required to get the plans of the building approved by the Regional development authority, before commencing any construction and shall obtain the approval of the Regional development authority, which are necessary and incidental thereto, after the completion and before use of such premises; and (c) For the purpose of this section and with any other requirement for proper planning, management and development of the Special Investment Region, the Regional development authority may issue such direction or instruction as it may consider necessary to any person, unit, entity, developer or any other stakeholder in the Special Investment Region and the person, unit, entity, developer or the stakeholder, as the case may be, shall be bound by such directions.

(1) No person or entity shall erect or occupy any building or structure in the Special Investment Region in contravention of any building norms made by the Regional development authority. (2) Notwithstanding anything contained in any other law, for the time being in force, no person or entity shall erect or occupy any building or structure within the Special Investment Region, except with the previous permission of the Regional development authority. (3) A person desiring to undertake building operations or erection or occupation of any building or structure in the Special Investment Region referred to in sub-section (2), shall seek prior permission of the Regional Development Authority in such manner, as may be specified in regulations. (4) The Regional development authority may, after making such inquiry as it deems necessary, grant permission on such conditions, as it may be specified in regulations or refuse to grant such permission. (5) (a) Any person aggrieved by the decision of the Regional development authority under sub-section (4) may, within thirty days from the date of decision, may prefer an appeal before the Dispute Resolution Forum constituted under section 26, in such manner as may be specified by regulations; (b) The Dispute Resolution Forum, after hearing the Regional development authority and the aggrieved person and considering all relevant facts, may accept or reject the appeal filed under sub-section (5) or modify the decision taken by the Regional development authority; (c) In case of rejection of appeal or modification of the decision of Regional development authority under clause (b), the aggrieved person may prefer second appeal to the Dispute Settlement Mechanism set up under section 27, within thirty days from the date of decision of the Dispute Resolution Forum in the manner specified by regulations; and (d) The Dispute Settlement Mechanism, after hearing the Regional development authority and the aggrieved person, may accept or reject the appeal. The decision taken by the Dispute Settlement Mechanism shall be final and binding on the parties. (6) In case, any person does anything contrary to the decision given under sub-section (4) or (5), the Regional development authority shall have power to pull down, demolish or remove any erection made contrary to such decision and recover the cost of such pulling down, demolition or removal from the person concerned.

(1) The provisions of the Karnataka Town and Country Planning Act 1961 (Karnataka Act 11 of 1963), shall mutatis mutandis, apply with respect to the development plans and to the town planning schemes made under this Act. (2) The powers exercised by the State Government for sanctioning of development plans and town planning schemes under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) shall be exercised by the Apex Authority. (3) The Regional development authority shall be the Planning Authority for the area comprising of the Special Investment Region for the purposes of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), as so applied to this Act.