Chapter I PRELIMINARY

1. (1) This Act may be called the 1[Karnataka]1 Town and Country Planning Act, 1961. 1. Adapted by the Karnataka Adaptation of laws order 1973 w.e.f. 1.11.1973.
2. (2) It shall extend to the whole of the 1[State of Karnataka]1. 1. Adapted by the Karnataka Adaptation of laws order 1973 w.e.f. 1.11.1973.
3. (3) It shall come into force on such 1[date]1 as the State Government may, by notification, appoint. 1. Act came into force on 15.1.1965 by Notification No. PLM 60 MNP 63 dt. 31.12.1964. Text of the notification is at the end of the Act.

In this Act, unless the context otherwise requires,—

1[(1) ‘agriculture’ includes horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees, the use of land which is ancillary to the farming of land or any purpose aforesaid, but shall not include the use of any land attached to a building for the purposes of garden to be used along with such building; and ‘agricultural’ shall be construed accordingly;

(1a) ‘Board’ means the State Town Planning Board constituted under this Act;

(1b) ‘commerce’ means carrying on any trade, business or profession, sale or exchange

of goods of any type whatsoever, the running of, with a view to make profit, hospitals, nursing homes, infirmaries, saris, educational institutions, hotels, restaurants, boarding houses not attached to educational institutions; and ‘commercial’ shall be construed accordingly;

1[(1bb) "Commissionerate" means the Urban Development Authorities and Town and Country Planning Commissionerate headed by a Commissioner, appointed under section 2A;]1

¹ Substituted by Act 67 of 2025 w.e.f. …………..

1[(1-ba) "conurbation boundary" means the boundary within which the different land use

zones for developments are proposed in the Master Plan for the plan period.]1

¹ Inserted by Act 38 of 2015 w.e.f 10.09.2015.

(1c) ‘development’ with its grammatical variations, means the carrying out of building, engineering, mining, or other operations in, on, over or under land or the making of any material change in any building or land, or in the use of any building or land and includes sub-division of any land;

2[(1d) xxx]2]1

¹ Inserted by Act 14 of 1964 w.e.f. 26.03.1964.

2. Clause (1d) Omitted by Act 1 of 2005 w.e.f. 14.02.2005.

1[(1e)]1 “Director” means the Director of Town Planning appointed under section 3;

1. Re-numbered by Act 14 of 1964 w.e.f. 26.03.1964.

1[(1ea) "Heritage Building" means a building possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority or any other competent authority within whose jurisdiction such building is situated;

(1eb) "Heritage Precinct" means an area comprising heritage building or buildings and precincts thereof or related places declared as such by the Planning Authority or any other Competent Authority within whose jurisdiction such area is situated.]1

¹ Inserted by Act 1 of 2005 w.e.f. 14.02.2005.

1["(1f) 'industry' includes the carrying on of any manufacturing process as defined in the Factories Act, 1948 ( Central Act 63 of 1948), and 'industrial' shall be construed accordingly;]1

¹ Inserted by Act 14 of 1964 w.e.f. 26.03.1964.

1. (2) “land” includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
2. (3) “land use” means the major use to which a plot of land is being used on any specified date; 1[(3a) ‘local authority’ means a municipal corporation, municipal council, 2[XXX]2 3[Town Panchayat or Grama Panchayat]3; and a local authority is a ‘local authority concerned’ if any land within its local limits falls in the area of a plan prepared or to be prepared under this Act;]1 1[(3-b) “Master Plan” means a plan for the development or re-development of the area within the jurisdiction of a planning authority;]1
3. (4) “notification” means a notification published in the official Gazette;
4. (5) “owner” includes any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another person, or for any religious or charitable purpose, the rents or profits of the property in connection with which it is used; 1[(6) “Planning Area’ means any area declared to be 2[or included in]2 a local planning area under this Act; 1. Section 6 and 7 substituted by Act 14 of 1964 w.e.f. 26.03.1964.
5. (7) ‘Planning Authority’ means,(a) in the case of1[ 2[(i) the Local Planning area comprising the Greater Bengaluru Area, the Greater Bengaluru Authority;]2 ]1 1[(ia) the local planning area comprising any “urban area” defined in the Karnataka Urban Development Authorities Act, 1987, the Urban Development Authority of such urban area;]1 1[(i-aa) the Local Planning area comprising the Bengaluru Metropolitan Area and such other area notified by the Government under this Act, excluding the Greater Bengaluru Area, the Bangalore Development Authority;]1 1[“(ib) the heritage area as defined in the Hampi World Heritage Area Management Authority Act, 2002 (hereinafter referred to as heritage area) the Hampi World Heritage Area Management Authority constituted, under that Act”]1
   • (ii) any other local planning area in respect of which the State Government may deem it expedient to constitute a separate Planning Authority, the Planning Authority constituted under this Act.
   • (b) in the case of any local planning area in respect of which a Planning Authority is not constituted under this Act, the Town Improvement Board constituted under any law for the time being in force having jurisdiction over such local planning area, and where there is no such Town Improvement Board, the local authority having jurisdiction over such local planning area;]1
6. (8) “plot” means a continuous portion of land held in one ownership;
7. (9) “prescribed” means prescribed by rules made under this Act;
8. (10) “reconstituted plot” means a plot which is in any way altered by the making of a town planning scheme; Explanation.— “altered” includes the alternation of ownership.
9. (11) “regulations” means the Zonal Regulations governing land-use made under this Act; 1[(11a) ‘residence’ includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables, and out houses, if any, appertaining to such building and ‘residential’ shall be construed accordingly;]1
10. (12) “Scheme” includes a plan relating to a town planning scheme; 1[(13) words and expressions not defined in this Act have the same meaning as in the 2[Karnataka] 2 Municipalities Act, 1964;]1 2. Adapted by Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973 1[2-A. Appointment of Commissioner.- (1) An officer in the rank of Indian Administrative services (Senior Scale) shall be appointed by the State Government as Commissioner, who shall be the Head of the Commissionerate, for all the Urban Development Authorities and Mysuru Development Authority, Planning Authorities, Municipal Planning Authorities and the Directorate of Town and Country Planning and the establishment appointed under section 3.
11. (2) The salary and other allowances payable for such appointment for matters related to revenue, law, engineering, information Technology and any other matter deemed to be required by the Government, shall be paid out of the revenue of the State. 2-B. Power and duties of Commissioner.- (1) The Commissioner shall be the Head of the Commissionerate.
12. (2) The Commissioner shall be the Head of all the Planning Authorities constituted under the provisions of section 4-C and sub -section (7) of section 2 and the Directorate of Town and Country Planning and the establishment appointed under section 3.
13. (3) All correspondence relating to any matter between the Director of Town and Country Planning, Planning Authorities and Municipal Planning Authorities and the Government dealt under this Act, shall be conducted by the Commissioner: Provided that all correspondence relating to any matter dealt under this Act between Planning Authorities within the Bengaluru Metropolitan Region shall be conducted by the Commissioner of Bengaluru Metropolitan Region Development Authority.
14. (4) The Commissioner shall supervise and direct the Planning Authorities, Municipal Planning Authorities and Directorate of Town and Country Planning on such matters as may be necessary under the Act.
15. (5) The Commissioner shall undertake such other functions as maybe required by him to do so under the Act or upon the direction of the Government.]1

¹ Inserted by Act 14 of 1964 w.e.f. 26.03.1964

² Omitted by Act 23 of 2004 w.e.f. 3.06.2004

³ Substituted by Act 23 of 2004 w.e.f. 3.06.2004.

¹ Inserted by Act 1 of 2005 w.e.f. 14.02.2005

² Inserted by Act 17 of 1991, w.e.f. 19.04.1991.

¹ Substituted by Act 12 of 1976 w.e.f. 20.12.1975.

² Substituted by Act 67 of 2025 w.e.f. …………..

¹ Inserted by Act 34 of 1987 w.e.f. 1.5.1988.

¹ Inserted by Act 67 of 2025 w.e.f. …………..

¹ Inserted by Act 18 of 2003 w.e.f. 27.1.2005

¹ Inserted by Act 14 of 1964 w.e.f. 26.03.1964

¹ Inserted by Act 14 of 1964 w.e.f. 26.3.1964

¹ Inserted by Act 67 of 2025 w.e.f. …………..

1. (1) The State Government shall appoint a person, having the prescribed qualifications as Director of Town-Planning for the State and may assign to him such salary and establishment as it thinks fit.
2. (2) The cost of such appointment and his establishment shall be paid out of the revenues of the State.

The State Government may, by notification, constitute a State Town-Planning Board for the State with such members and in such manner as may be prescribed for advising the State Government regarding planning and development and for determining principles and policies for achieving the balanced development of the State as a whole.

1[CHAPTER IA

1. Chapter IA, Section 4A to 4G Inserted by Act 14 of 1964 w.e.f. 26.03.1964.

LOCAL PLANNING AREAS AND PLANNING AUTHORITIES

1. (1) The State Government may by notification declare any area in the State to be a Local Planning Area for the purposes of this Act, 1[or include within such local planning area, any area adjacent thereto, and on such declaration or inclusion]1 this Act shall apply to such area: Provided that no military cantonment or part of a military cantonment shall be included in any such area. 1[“Provided further that in the case of the heritage area, the local planning area declared under this sub-section shall be co-terminus with the heritage area”] 1
2. (2) Every such notification shall define the limits of the area to which it relates.
3. (3) The State Government may, after consultation with the Board, amalgamate two or more planning areas into one local planning area, sub-divide a local planning area into different local planning areas, and include such divided areas in any other local planning area.
4. (4) The State Government may by notification direct that all or any of the rules, regulations, orders, directions and powers made, issued, conferred and in force in any other local planning area at the time, with such exceptions and adaptations and modifications as may be considered necessary by the State Government, shall apply to the area declared as, amalgamated with or included in, a local planning area under this section and such rules, regulations, bye-laws, orders, directions and powers shall forthwith apply to such local planning area without further publication.
5. (5) When local planning areas are amalgamated or sub-divided, or such sub-divided areas are included in other local planning areas, the State Government shall, after consulting the Board, the Planning Authority or authorities concerned, frame a scheme determining what portion of the balance of the fund of the Planning Authority shall vest in the Planning Authority or authorities concerned and in what manner the properties and liabilities of the planning authority or authorities shall be apportioned amongst them and on the scheme being notified the fund, property and liabilities shall vest and be apportioned accordingly.

¹ Substituted by Act 17 of 1991 w.e.f. 19.04.1991

¹ Inserted by Act 18 of 2003 w.e.f. 27.1.2005.

1. (1) The State Government may, by notification withdraw from the operation of this Act the whole or a part of any local planning area declared thereunder.
2. (2) When a notification is issued under this section in respect of any local planning area,—
   • (i) this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the said area;
   • (ii) the State Government shall, after consulting the Board and the local authority or authorities concerned, frame a scheme determining what portion of the balance of the fund of the local planning authority shall vest in the State Government and the local authority or authorities concerned, and in what manner the properties and liabilities of the local planning authority shall be apportioned between the State Government and the local authority or authorities, and on the scheme being notified, the fund, property and liabilities of the planning authority shall vest and be apportioned accordingly.

1. (1) As soon as may be, after declaration of a local planning area, the State Government in consultation with the Board, may, by notification in the official Gazette, constitute for the purposes of the performance of the functions assigned to it, an authority to be called the “Planning Authority” of that area, having jurisdiction over that area.
2. (2) Every Planning Authority constituted under sub-section (1), shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both moveable and immoveable and to contract and shall by the said name sue and be sued.
3. (3) Every Planning Authority constituted under sub-section (1), shall consist of the following members, namely:-
   • (i) a Chairman appointed by the State Government;
   • (ii) a Town Planning Officer appointed by the State Government, who shall be a Member-Secretary to the Planning Authority;
   • (iii) representatives of local bodies composed as follows:—
   • (a) in the case of a planning area in which only one local authority has jurisdiction, a representative nominated by that local authority from among the members of that authority and the Chief Executive Officer of that local authority; (b)in the case of a planning area in which two or more local authorities have jurisdiction, one representative each of such local authorities as the State Government may consider necessary to be represented, nominated by the respective local authorities from among the members of each such local authority: Provided that, the total number of such representatives shall not exceed five. (iv) three other members, appointed by the State Government.
4. (4) The State Government may, if it thinks fit, appoint one of the members as ViceChairman of the Planning Authority.

1. (1) Subject to the provisions of sub-section (2), the term of office and conditions of service of the Chairman and members of a planning authority constituted under section 4C shall be such as may be prescribed and they shall be entitled to receive such allowances as may be fixed by the State Government.
2. (2) The Chairman and members of a Planning Authority constituted under section 4C, except those nominated by local authorities shall hold office during the pleasure of the State Government. The representative of a local authority who is a member of that authority shall cease to be a member of the Planning Authority when he ceases to be a member of the local authority concerned.
3. (3) The Chairman or any member may resign his membership of the Planning Authority by giving notice in writing to the State Government and on such resignation being accepted, he shall cease to be a member of that planning authority.
4. (4) Any vacancies shall be filled by fresh appointment by the State Government or by nomination by the local authority concerned, as the case may be.

1. (1) Each Planning Authority constituted under section 4C shall meet at such times and places and shall, subject to the provisions of subsections (2) and (3), observe such procedure in regard to the transaction of business at its meetings as may be prescribed.
2. (2) The Chairman, or in his absence, the Vice-Chairman, if any, or in the absence of the Chairman and of the Vice-Chairman, any member chosen by the members from amongst themselves, shall preside at a meeting of such Planning Authority.
3. (3) All questions at a meeting of such Planning Authority shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, the person presiding shall have a second or casting vote.
4. (4) Minutes shall be kept of the names of the members present and of the proceedings at each meet in a book to be kept for this purpose, and shall be open for inspection by any member during office hours.

1. (1) Every Planning Authority may associate with itself in such manner and for such purposes as may be prescribed any person whose assistance or advice it may desire in performing any of its functions under this Act.
2. (2) Any person associated with it by the Planning Authority under sub-section (1) for any purpose shall have a right to take part in the discussions of the Planning Authority relevant to that purpose but shall not have a right to vote at a meeting.

1. (1) Subject to such control and restrictions as may be prescribed, a Planning Authority constituted under section 4C may appoint such number of officers and employees as may be necessary for the efficient performance of its functions and may determine their designations and grades.
2. (2) The officers and employees of such Planning Authority shall be entitled to receive such salaries and allowances as may be fixed by the Planning Authority and shall be governed by such terms and conditions of service as may be prescribed.]1

1. (1) Subject to the general powers of the Planning Authority and without prejudice to the powers of the Chairman under this Act, the Member-Secretary to the Planning Authority shall,—
   • (a) be the Chief Executive and Technical Officer of the Planning Authority;
   • (b) be responsible for all budgetary, planning, enforcement and supervisory functions of the Planning Authority;
   • (c) furnish to the Planning Authority all the information relating to the administration and accounts of the Authority as well as other matters whenever called upon by the Authority to do so;
   • (d) prepare and submit the Annual Reports and audited accounts of the Planning Authority for its approval within three months of the close of every financial year and thereafter submit copies of the same to the Board, the Director and the State Government.
2. (2) If, in the opinion of the Member-Secretary, any resolution passed by the Planning Authority contravenes any provisions of this Act or any other law or of any rule, notification, regulation or bye-law made or issued under this Act or any other law or any order passed by the State Government or it is prejudicial or detrimental to the interests of the Planning Authority, he shall, within fifteen days of the passing of such resolution refer the matter to the State Government through the Director for orders and inform the Planning Authority at its next meeting of the action taken by him and until the orders of the State Government on such reference are received, the Member-Secretary of the Planning Authority shall not be bound to give effect to the resolution.]1 1[4-I. Town and country planning officer for local authority.- (1) In respect of Planning Authority defined under sub-clause (b) of clause (7) of section 2, at the time of constituting the authority, the State Government in consultation with the Director of Town and Country planning, shall designate an officer not below the rank of Assistant Director from the department of Town and Country Planning, who must be a holder of Bachelor’s degree or Master’s degree in Town Planning as Town and country planning officer cum member secretary.
3. (2) The officer designated under sub-section (1) shall be subordinate to the Director of Town and Country planning and exercise the powers and perform functions specified in sub-section (3) and (4) and shall co-ordinate and assist the functions of the planning authority, subject to the general control and supervision of the Director.
4. (3) The officer designated shall exercise the powers and discharge the functions of the Member Secretary of the Planning Authority in respect of section 5 to sections 13 of the Act.
5. (4) The officer designated shall carry out survey of the planning area, prepare an existing-land-use map and master plan for the local planning area and forward the same to the Planning Authority.
6. (5) The expenditure incurred towards the preparation of master plan shall be borne by the local authority as specified under section 68-A of the Act. 4-J. Functions of the Planning Authority.- (1) The functions of the Planning Authority shall be as follows, namely:-
   • (i) Preparing plan, promoting and regulating the orderly growth of urban and rural area, including land use;
   • (ii) circulation, preparation and implementation of the master plan; and
   • (iii) preparing and execution of town planning schemes and development schemes and securing the development of the local planning area.
7. (2) To carry out the functions specified under sub-section (1), the Planning Authority shall have the power to undertake study and survey, acquire, hold, manage and dispose of moveable and immovable property within the local planning area, to carry out building, engineering and other operations and generally to do all things necessary or expedient for the purpose of such development and for purposes incidental thereto. 4-K. Development of land in an area other than the local planning area.- (1) Any person intending to carry out development on any land in an area other than the local planning area as notified under section 4-A, shall make an application in writing to the local authority for permission in such form and containing such particulars and with such documents as may be specified in the regulations.
8. (2) The local authority shall, before according permission under sub-section (1), shall obtain prior approval of the Director of Town and Country planning or any subordinate officer not below the rank of Assistant Director of Town Planning, authorised by him.
9. (3) The State Government shall notify the regulations for development, including earmarking space for parks, civic amenities and utilities for such areas, in consultation with the Director of Town and Country planning.
10. (4) The Director of Town and Country planning may authorize his subordinate officer not below the rank of Assistant Director of Town Planning, for the regulation of such developments.
11. (5) The regulations notified by the Government under sub-section (3) shall be applicable to the respective jurisdiction of the local authority in such area.
12. (6) The Director of Town and Country planning may levy a fee for development as notified by the Government, from time to time.
13. (7) The fee collected under sub-section (6) shall be remitted to the consolidated fund of the State.
14. (8) Wherever the planning areas are declared under section 4-A, till the constitution of the Planning Authority under section 4-C, the local authority shall obtain prior approval of the Director of Town and Country planning or any subordinate officer not below the rank of Assistant Director of Town Planning, authorised by him, before according permission under sub-section (1).
15. (9) Where any development of land has been carried out,-
    • (a) without permission under this section; and
    • (b) in contravention of any permission granted or any condition subject to which permission has been granted. the local authority shall exercise the powers as under the relevant laws time being in force to initiate appropriate action.
16. (10) Where local planning area is not declared under section 4-A, in such areas,-
    • (a) the department of Town and Country planning shall provide the village extension plan for development and opinion for diversion of land uses under the provisions of this Act and the Karnataka Land Revenue Act, 1964 as notified by the Government.
    • (b) the Director of Town and Country planning or the officer authorized by him not below the rank of Assistant Director of Town Planning, who must be a holder of Bachelor’s degree or Master’s degree in Town Planning, may prepare village or settlement extension plans sought by the Central or the State Government departments or Board, authority or body constituted by or under any law and owned or controlled by the State or the Central Government as mandated for areas notified for any State or Central Government schemes, where local planning area is not declared.]1 1. Deemed to have been Inserted by Act 31 of 2021 w.e.f. 12.08.2021

¹ Inserted by Act 17 of 1991 w.e.f. 19.04.1991.