Chapter IV FINANCE, ACCOUNTS AND AUDIT

(1) The Authority shall have a fund called the Bangalore Metropolitan Region Development Authority Fund which shall be operated by such officers as may be authorised by the Authority.

1. (2) The Authority may accept grants, subventions, contributions, donations and gifts from the Central Government, the State Government, a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.
2. (3) The State Government shall, every year, make a grant to the Authority of a sum equivalent to the administrative expenses of the Authority till the Authority is able to meet its administrative expenses out of its own resources.
3. (4) All moneys received by or on behalf of the Authority by virtue of this Act, and all interests, profits, and other moneys accruing to or borrowed by the Authority, shall be credited to the Fund.
4. (5) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provisions and forming part of the Fund shall be deposited in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or invested in such securities, as may be approved by the State Government.
5. (6) The Fund, and all other assets vesting in the Authority shall be held and applied by it, subject to the provisions of and for the purposes of this Act.

The Authority shall prepare, every year, in such form and at such time as may be prescribed, an annual budget estimate in respect of the next financial year showing the estimated receipts and disbursements of the Authority and shall submit a copy thereof to the State Government.

The Authority shall, after the end of each year prepare in such form and before such date as may be prescribed, a report of its activities during such year and submit to the State Government and the State Government shall cause a copy of such report to be laid before both Houses of the State Legislature.

Government may, from time to time, make subventions to the Authority for the purposes of this Act on such terms and conditions as the State Government may determine.

1. (2) The State Government may, from time to time advance loans to the Authority on such terms and conditions, not inconsistent with the provisions of this Act, as the State Government may determine.

The Authority may from time to time, with the previous sanction of the State Government, and subject to the provisions of this Act, and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.

(1) The Authority shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules an annual statement of accounts. (2) The Authority shall cause its accounts to be audited annually by such persons as the State Government may direct. 1[(3) The Audited accounts and report of the Auditor shall be published by the authority in the prescribed manner. The Authority shall send a copy of such audited accounts and the report of the Auditor to the State Government. The State Government shall cause the audited accounts and the report of the Auditor to be laid before both Houses of the State Legislature as soon as, after it is received by the State Government.] 1 (4) The Authority shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue. CHAPTER V MISCELLANEOUS 1. Substituted by Act 16 of 2010 w.e.f. 16.04.2010.

1. (2) The Authority shall cause its accounts to be audited annually by such persons as the State Government may direct. 1[(3) The Audited accounts and report of the Auditor shall be published by the authority in the prescribed manner. The Authority shall send a copy of such audited accounts and the report of the Auditor to the State Government. The State Government shall cause the audited accounts and the report of the Auditor to be laid before both Houses of the State Legislature as soon as, after it is received by the State Government.] 1
2. (4) The Authority shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue. CHAPTER V MISCELLANEOUS

¹ Substituted by Act 16 of 2010 w.e.f. 16.04.2010.

The Authority may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purposes of,-

1. (a) making any enquiry, inspection, measurement or survey or taking levels for such land or building;
2. (b) examining works under construction and ascertaining the course of sewers and drains;
3. (c) digging or boring into the sub-soil;
4. (d) setting out boundaries and intended lines of work;
5. (e) making such levels, boundaries and lines by placing marks and cutting trenches;
6. (f) ascertaining whether any land is being or has been developed in contravention of any plan or in contravention of any conditions subject to which such permission has been granted; or
7. (g) doing any other thing necessary for the efficient administration of this Act: Provided that,-
   • (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building;
   • (ii) sufficient opportunity shall in every instance be given to enable women or children, if any, to withdraw from such land or building;
   • (iii) due regard shall always be had, so far as may be, compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the occupants of the land or building entered.

(1) The Authority may, in order to carry out the development plans and schemes formulated under section 9 or any town planning scheme may issue direction to the Bangalore Development Authority, Bangalore Water Supply and Sewerage Board, Karnataka Electricity Board and such other bodies as are connected with developmental activities in the Bangalore Metropolitan Region. The directions issued by the Authority shall prevail over any directions issued by the Bangalore Development Authority under section 53 of the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976).

1. (2) Notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with by the body to whom it is issued. On failure, it shall be competent for the Authority to take necessary action to carry out the directions issued under sub-section (1) and recover expenses, if any, incurred therefor from the body concerned.
2. (3) Any dispute which arises between the Authority and the Boards or other bodies referred to in sub-section (1) in respect of the directions issued to them shall be determined by the State Government whose decision shall be final.

(1) The Metropolitan Commissioner shall be entitled to attend and take part in the meetings of the Corporation of the City of Bangalore, the Bangalore Development Authority, the Bangalore Water Supply and Sewerage Board, the Karnataka Electricity Board and the Karnataka Road Transport Corporation, but he shall have no right to vote.

1. (2) The said bodies shall invite the Metropolitan Commissioner to attend their meetings.

Whoever contravenes any of the provisions of this Act or of any rule, regulation, or bye-law or scheme made or sanctioned thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both and in the case of continuing contravention, with additional imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both for each day after the first during which the contravention continues.

(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and responsible to the company for the conduct of its business as well as the company, 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 provided in this Act 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 by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, 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,- (a) "company" means a body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act 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.

1. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, 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,-
   • (a) "company" means a body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm means a partner in the firm.

All fines realised in connection with prosecutions under this Act shall be credited to the Fund.

Every member, every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.

The Authority may, by notification, direct that any power exercisable by it under this Act except the power to make regulation may also be exercised by the Chairman or such officer of the Authority as may be specified in the notification subject to such restrictions and conditions as may be specified therein.

(1) The State Government may call for the records of any proceedings of the Authority for the purpose of satisfying itself as to the legality or propriety of the order or proceeding and may pass such order with respect thereto as it thinks fit. (2) The Authority may call for the records of any proceeding of any officer subordinate to it for the purpose of satisfying itself as to the legality or propriety of the order or proceeding and may pass such order with respect thereto as it thinks fir. (3) No order under sub-section (1) or sub-section (2) shall be made to the prejudice of any person unless he has had an opportunity of making representation.

1. (2) The Authority may call for the records of any proceeding of any officer subordinate to it for the purpose of satisfying itself as to the legality or propriety of the order or proceeding and may pass such order with respect thereto as it thinks fir.
2. (3) No order under sub-section (1) or sub-section (2) shall be made to the prejudice of any person unless he has had an opportunity of making representation.

State Government may give such directions to the Authority as in its opinion are necessary or expedient for carrying out the purposes of this Act, and it shall be the duty of the Authority to comply with such directions.

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

(1) The State Government may, by notification, subject to the condition of previous publication, make rules to carry out the purposes of this Act. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or to be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything done under that rule.

1. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or to be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything done under that rule.

The Authority may, by notification and with previous sanction of the Government, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act.

Amendment of the Karnataka Town and Country Planning Act,

1961.- After section 81-B of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the following section shall be inserted, namely:-

"81-C. Outline development plan and comprehensive development plan of Bangalore Metropolitan Region.- Notwithstanding anything in this Act, the Planning Authorities within the Bangalore Metropolitan Region as defined in the Bangalore Metropolitan Region Development Authority Act, 1985 shall submit the outline development plans and comprehensive development plans under sections 9 and 19 respectively to the State Government through the Bangalore Metropolitan Region Development Authority for approval and the said Authority shall exercise the powers and discharge functions of the Director of Town Planning in respect of such outline development plans or comprehensive development plans. The provisions of sections 9 and 19 shall mutatis mutandis be applicable for the purpose of this section."

(The above translation of the ¨ÉAUÀ¼ÀÆgÀÄ ªÀĺÁ£ÀUÀgÀ ¥æÀzÉñÀ C©üªÀÈ¢Þ ¥Áæ¢üPÁgÀ C¢ü¤AiÀĪÀÄ 1985 (1985gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå 39) was published in Part IV-2B of the Official Gazette (Extraordinary) dated 30.12.1985 as No.650 under clause (3) of article 348 of the constitution of India)

NOTIFICATION Bangalore, dated 24th January 1986 [No.HUD 54 TTP 86]

In exercise of the power conferred under sub-section (2) of section 1 of the Bangalore Metropolitan Region Development Authority Act, 1985 (Karnataka Act No.39/85), Government of Karnataka hereby appoints the First day of February 1986, as the date on which the said Act shall come into force.

By order and in the name of the Governor of Karnataka,

H.R.PUTTARAJU.

Under Secretary to Government Housing & Urban Development Department.

(Published in Karnataka Gezette (Extraordinary) Part IV-2c(ii) dated 24.1.1986 as no.53.)

*

KARNATAKA ACT NO. 05 OF 2017

(First Published in the Karnataka Gazette Extra-ordinary on the 04th day of January, 2017)

THE BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2016

(Received the assent of the Governor on the 31stday of December, 2016)

An Act further to amend the Bangalore Metropolitan Region Development Authority Act, 1985.

Whereas, it is expedient further to amend the Bangalore Metropolitan Region Development Authority Act, 1985 (Karnataka Act 39 of 1985) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the sixty-seventh year of the Republic of India as follows, namely:-

1. Short title and commencement.- (1) This Act may be called the Bangalore Metropolitan Region Development Authority (Amendment) Act, 2016.

1. (2) It shall come into force at once. Amendment to Sections 2, 3, 6 and 9 are incorporated in the Principal Act.