The Karnataka Town and Country Planning Act, 1961

The Karnataka Town and Country Planning Act, 1961

Infrastructure1961108 sections10 chapters

This Act establishes the framework for managing land use and development across Karnataka. It empowers the state to create detailed plans for towns and rural areas to guide physical growth, protect the environment, and ensure efficient use of resources. By enforcing rules on construction, zoning, and land subdivision, the legislation regulates how owners can develop their property. It applies to every local authority within the state, ensuring organized urbanization and infrastructure development rather than haphazard growth, ultimately serving to balance the needs of the population with sustainable environmental and economic goals. TITLE: The Karnataka Town and Country Planning Act, 1961 CHANGE_TITLE: YES This Act establishes the framework for managing land use and development across Karnataka. It empowers the state to create detailed plans for towns and rural areas to guide physical growth, protect the environment, and ensure efficient use of resources. By enforcing rules on construction, zoning, and land subdivision, the legislation regulates how owners can develop their property. It applies to every local authority within the state, ensuring organized urbanization and infrastructure development rather than haphazard growth, ultimately serving to balance the needs of the population with sustainable environmental and economic goals.

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.
  3. 3Appointment of Director of Town Planning.
  4. 4State Town-Planning Board.
  5. 4ADeclaration of Local Planning Areas, their amalgamation, Sub-Division, inclusion of any area in a Local Planning Area.
  6. 4BPower to withdraw Local Planning Area from operation of this Act.
  7. 4CConstitution of Planning Authority.
  8. 4DTerm of office and conditions of service of the Chairman and members of Planning Authorities.
  9. 4EMeetings of Planning Authorities.
  10. 4FTemporary association of persons with the Planning Authority for particular Purposes.
  11. 4GStaff of the Planning Authority.
  12. 4HFunctions of the Member-Secretary of the Planning Authority.

Chapter II PRESENT LAND USE →

  1. 5Date to be specified.
  2. 6Preparation of a map showing present land use.
  3. 7Application for correction of entries in map.
  4. 8Entries in map conclusive evidence subject to orders under section 7.

Chapter III OUTLINE DEVELOPMENT PLAN →

  1. 9Preparation of Master Plan.
  2. 10Declaration of intention of making outline development plan.
  3. 11Power of entry for carrying out surveys for preparing outline development plan.
  4. 12Contents of Master Plan
  5. 13Approval of the Master Plan
  6. 14Enforcement of the Master Plan and the Regulations]1
  7. 14AChange of land use from the outline development plan.
  8. 15Permission for development of building or land.
  9. 16Obligation to purchase land on refusal of permission in certain cases.
  10. 17Sanction for 3[single plot or sub-division]3 of plot or lay-out of private street. 2[(1) The State Government shall by
  11. 18Recovery of a fee in certain cases of permission for change in the use of land or building
  12. 18ALevy and collection of cess and surcharge
  13. 20Power of entry for carrying out surveys for preparing the comprehensive Development Plan.

Chapter IV 1[ENFORCEMENT OF MASTER PLAN]1 →

  1. 24Enforcement of the Comprehensive Development Plan.- The Provisions of

Chapter V TOWN PLANNING SCHEMES →

  1. 26Making of town planning scheme and its contents.
  2. 27Right of entry.
  3. 28Land in respect of which a town planning scheme may be made.
  4. 29Declaration of intention to make a scheme.
  5. 30Making and publication of draft scheme.
  6. 31Power of State Government to require Planning Authority to make a scheme.
  7. 32Contents of draft scheme.
  8. 33Reconstituted plot.
  9. 34Consideration of objections and sanction of draft scheme.
  10. 35Restrictions after declaration to make a scheme.
  11. 36Power of the State Government to suspend rule, bye-law, etc.

Chapter VI TOWN PLANNING OFFICER AND HIS DUTIES →

  1. 37Appointment of Town Planning Officer.
  2. 38Duties of the Town Planning Officer.
  3. 39Provided that the State Government may, from time to time by order in writing, extend the said period by such further period as may be specified in the order.
  4. 40Appeal.
  5. 41Decision of Town Planning Officer to be final if no appeal is filed and variation of scheme in accordance with decision in appeal.

Chapter VII DISPUTED OWNERSHIP, PRELIMINARY SCHEMES AND FINAL SCHEME, ITS SANCTION AND ENFORCEMENT →

  1. 42Disputed ownership.
  2. 43Town Planning Officer to prepare preliminary scheme in certain cases.
  3. 44Power to hand over possession of land required for bridges, roads, etc.
  4. 45Final scheme.
  5. 46Effect of final scheme.
  6. 47Power to enforce scheme.
  7. 48Power to vary scheme on ground of error, irregularity or informality.
  8. 49Power to revoke or vary town planning scheme.
  9. 50Compensation when the final scheme is varied or revoked and apportionment of costs.
  10. 51Joint Town Planning Schemes.
  11. 52Delegation of certain powers of Joint Town Planning Board.
  12. 53Right to appear by recognised agent.
  13. 54Power to compel attendance of witnesses, etc.
  14. 55Costs of a scheme.
  15. 56Calculation of increment.
  16. 57Contribution towards costs of scheme.
  17. 58Certain amount to be added to or deducted from contribution leviable from a person
  18. 59Transfer of right from original to reconstituted plot or extinction of such right.
  19. 60Compensation in respect of property or right injuriously affected by scheme.
  20. 61Exclusion or limitation of compensation in certain cases.
  21. 62Provision for cases in which amount payable to owner exceeds amount due from him
  22. 63Provisions for cases in which value of developed plot is less than the amount payable by owner
  23. 64Payment by adjustment of account.
  24. 65Payment of net amount due to Planning Authority.
  25. 66Power of Planning Authority to make agreements.
  26. 67Recovery of arrears.
  27. 68Powers of Planning Authority to borrow money for development plan or for making or executing a Town Planning scheme.

Chapter VIII Chapter VIII →

  1. 68AFunds of Planning Authority.
  2. 68BBudget of the Planning Authority.
  3. 68CAccounts and Audit.
  4. 68DAnnual Reports
  5. 70Land acquisition for purposes of a scheme or Development Plan to be deemed for a public purpose
  6. 71Power of State Government to acquire lands included in a scheme.
  7. 72Amendment of section 23 and section 24 of the Land Acquisition Act, 1894, for purposes of acquisition under this Act.

Chapter X OFFENCES AND PENALTIES, RULES AND BYE-LAWS →

  1. 73Offences and penalties.- Whoever,-
  2. 74Rules.
  3. 75Bye-laws.

Chapter XI MISCELLANEOUS →

  1. 76Bar of legal proceedings.
  2. 76AMode of proof of records of the Board and the Planning Authority.
  3. 76BRestriction on summoning of officers and servants of the Board and Planning Authority.
  4. 76COffences by companies.
  5. 76ESanction of prosecution.
  6. 76FComposition of offences.
  7. 76GFine when realised to be paid to Planning Authority.
  8. 76HMember and officers to be public servants.
  9. 76IFinality of orders.
  10. 76JValidation of acts and proceedings.
  11. 76LReturns and information.
  12. 76MEffect of other Laws.
  13. 76NState Government’s powers to cancel the resolution or order.
  14. 76OPower of Planning Authority to suspend or revoke permission etc.
  15. 76FFFPenalty against jurisdictional officer failing to prevent unauthorised deviations or constructions
  16. 77Registration of documents, plan or map in connection with final scheme not required.
  17. 78Vesting of property and rights of a Planning Authority ceasing to exist or ceasing to have jurisdiction
  18. 79Default in exercise of power or performance of duty by Planning Authority.
  19. 80Special provision in case of a dissolution or supersession of a local authority.(1) Where a local authority which is a
  20. 80ADissolution of Planning Authorities.
  21. 81Delegation of powers of Planning Authority
  22. 82Areas for which schemes are sanctioned under other laws.
  23. 82ARemoval of difficulties.
  24. 83Repeal and savings.

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