Functions of the Member-Secretary of the Planning Authority.

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.