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section 83

Repeal and savings.

The Karnataka Town and Country Planning Act, 1961
Infrastructure1961108 sections10 chapters
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Chapter XI MISCELLANEOUS

Statutory text
  1. (1) The 1[Bombay Town Planning Act, 1915 (Bombay Act I of 1915) and The]1 Bombay Town Planning Act, 1954 (Bombay Act XXVII of 1955), as in force in the 2[Belgaum area]2; 2. Adapted by the Karnataka Adaptations of Laws order 1973 w.e.f. 1.11.1973.
  2. (2) the Madras Town Planning Act, 1920 (Madras Act VII of 1920), as in force in the 1[Mangalore and Kollegal area]1, and Bellary District; and 1. Adapted by the Karnataka Adaptations of Laws order 1973 w.e.f. 1.11.1973.
  3. (3) sections 244 to 251 (both inclusive) of the Hyderabad District Municipalities Act, 1956 (Hyderabad Act XVIII of 1956), as in force in the 1[Gulbarga area]1, 1. Adapted by the Karnataka Adaptations of Laws order 1973 w.e.f. 1.11.1973. area hereby repealed: Provided that such repeal shall not affect,—
    • (a) the previous operation of the said Acts or anything duly done or suffered thereunder; or
    • (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Acts; or
    • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Acts; or
    • (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid; and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment made, any declaration of intention to make a scheme published, any application made to the State Government for sanction of the making of the scheme, any draft scheme published by a local authority, any application made to the State Government for the sanction of the draft scheme, any sanction given by the State Government to the draft scheme, any restriction imposed upon an owner of land or building against the erection or re-erection of any building or works, any commencement certificate granted, any order of suspension of rule, bye-law, regulation, notification or order made, any final scheme forwarded to or sanctioned or varied by the State Government and any recoveries made or compensation given in respect of any plot under the repealed Acts) shall be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue to be in force accordingly unless and until they are superseded by anything done or any action taken under this Act. * NOTIFICATIONS I Bangalore, dated 31st December 1964 [No. PLM 60 MNP 63] S.O. 1860.—In exercise of the powers conferred by sub-section (3) of section 1 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act No. 11 of 1963), the Government of Karnataka hereby appoint the 15th day of January 1965 to be the date on which the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (L. A. DHAMANIGI) Deputy Secretary. II Bangalore, dated 24th January 1986. [No. HUD 54 TTP 86] In exercise of the powers conferred under sub-section (2) of section 1 of the Bangalore Metropolitan Region Development Authority Act, 1985, (Karnataka Act No. 39 of s85), 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. III Bangalore dated 15th April 1988. [No. HUD 181 TTP 88] In exercise of the powers conferred under sub-section (3) of section 1 of the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act No. 34 of 1987), the Government of Karnataka hereby appoints 1st May 1988, as the date on which the said Act shall come into force in the following Urban areas/Cities in the State:— 1. Bellary 9. Mandya 2. Bidar 10. Raichur 3. Bijapur 11. Shimoga 4. Chikkamagalur 12. Tumkur 5. Chitradurga 13. Davangere 6. Hassan 14. Bagalkot 7. Kodagu 15. K.G.F. 8. Kolar By Order and in the name of the Governor of Karnataka, (A. R. PATAGAR) Under Secretary to Government, Housing & Urban Development Department. IV Bangalore, dated 19th March, 1991 [No RD 43 LGP 91] S.O. 217.- In exercise of the powers conferred under Section 107 of the Karnataka Land Revenue Act, 1964 the Government of Karnataka hereby specify 20th March, 1991 as the date on which the Karnataka Land Revenue (Amendment) Act, 1990 (Karnataka Act 2 of 1991) comes into force as required under sub-section (2) of Section 1 of the Amendment Act. By Order and in the name of the Governor of Karnataka, (B.L. SHANTHA) Under Secretary to Government, Revenue Department. (LandGrant) (Published in the Karnataka Gazette (Extraordinary) dated 20.03.1991.) V KANNADA AND CULTURE SECRETARIAT NOTIFICATION No. SKD 118 KMU 2004, Bangalore, dated 27th January, 2005 Karnataka Gazette, Extraordinary No. 118, dated 27-1-2005 In exercise of the powers conferred by sub-section (2) of Section 1 of the Hampi World Heritage Area Management Authority Act, 2002 (Karnataka Act No. 18 of 2003), the Government of Karnataka hereby appoints 27.1.2005 to be the day on which all the provisions of the said Act, shall come into force. VI NOTIFICATION No. UDD 68 BemRuPra 2007, Bangalore, dated 7th September, 2007 In exercise of powers conferred by Sub Section-2 of Section 1 of the Karnataka Town & Country Planning and Certain Other Laws (Amendment) Act, 2004 (Karnataka Act 1 of 2007), the Government of Karnataka hereby appoints the 15th September 2007 to be the date on which all the provisions of this Act shall come into force. By Order and in the name of the Governor of Karnataka, (C.T.NARAYANASWAMY) Under Secretary to Government, Urban Development Department. * MYSORE ACT NO.2 OF 1968 (First published in the Mysore Gazette on the Eleventh day of January 1968) THE CITY OF BANGALORE MUNICIPAL CORPORATION (AMENDMENT) ACT, 1967 (Received the assent of the Governor on the Twenty-ninth day of December, 1967) An act further to amend the City of Bangalore Municipal Corporation Act, 1949. WHEREAS, it is expedient further to amend the City of Bangalore Municipal Corporation Act, 1949. (Mysore Act 69 of 1949); Be it enacted by the Mysore State Legislature in the Eighteenth Year of the Republic of India as follows:- 1. Short title and commencement.- This Act may be called the City of Bangalore Municipal Corporation (Amendment) Act, 1967. (Section 14 is incorporated in the principal act) 15. Validation of things done or action taken by the Administrator.Notwithstanding any judgement, decree or order of any court, no jurisdiction exercised, no order passed or made and no other act or proceeding done or taken by the Administrator appointed for the City of Bangalore Municipal Corporation in Order No. S.O. 5976, dated 23rd December 1966, shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that the supersession of the City of Bangalore Municipal Corporation and the appointment of the Administrator where not made in accordance with the provisions of section 47-A of the principal Act. KARNATAKA ACT NO.23 OF 2004 (First published in the Karnataka Gazette Extra-ordinary on the Third day of June, 2004) THE KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1998 (Received the assent of the Governor on the Seventeenth day of March, 2004) An act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas, it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) for the purpose hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Forty-ninth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Amendment) Act, 1998.
  4. (2) It shall come into force at once. (Section 2 to section 8 is incorporated in the principal act) 9. Validation of levy and collection of cess and surcharge for certain purpose.Notwithstanding anything contained in any judgement, decree or order of any Court, tribunal or other authority to the contrary, levy, assessment and collection of any cess and surcharge in respect of any water supply scheme, formation of ring road, slum improvement, establishment of Mass Rapid Transport System made or purporting to have been made and any action or thing taken or done (including any notice or order issued or assessment made and all proceedings held and any levy and collection of cess and surcharge or amount purported to have been collected by way of cess or surcharges) since 19th October 1992 in relation to such levy, assessment and collection before coming into force of this Act shall be deemed to be valid and effective as if such levy assessment and collection or action or thing has been made, taken or done under the principal Act as amended by this Act and accordingly:-
    • (a) all acts, proceedings or things done or taken by the Planning Authority or any of its officer in connection with the levy assessment or collection of such cess or surcharge for all purposes be deemed to be and to have always been done or taken in accordance with law.
    • (b) no suit or other proceedings shall be maintained or continued in any court or tribunal or before any authority for the refund of any such cess or surcharge;
    • (c) no court shall enforce any decree or order to direct the refund of any such cess and surcharge. By Order and in the name of the Governor of Karnataka M.R. HEGDE Secretary to Government, Department of Parliamentary Affairs and Legislation. KARNATAKA ACT NO. 06 OF 2012 (First published in the Karnataka Gazette Extra-ordinary on the third day of January, 2012) THE KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2011 (Received the assent of the Governor on the second day of January, 2012) An Act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Sixty-Second year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Amendment) Act, 2011.
  5. (2) It shall come into force at once. (Section 2 and 3 are incorporated in the principal Act) 5. Validation.- Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary, anything done or any action taken or purporting to have been done or taken (including any notices or orders issued and all proceedings held for the levy, assessment and collection of any fee, additional fee or amount purported to have been collected by way of any fee, additional fee or cess in relation to such levy, assessment and collection) from any person for the purpose of rejuvenation of any lake or water body in pursuance of any instructions or order issued by the Government to any authority before the commencement of this Act shall be deemed to be valid and effective as if such levy, assessment or collection or action or thing had been made, taken or done under the principal Act, as amended by this Act and accordingly,-
    • (a) all acts, proceedings or things taken or done by any authority in connection with levy, assessment or collection of such fee, additional fee or cess shall, for all purposes be deemed to be, and to have always been taken or done in accordance with law;
    • (b) no suit or other proceedings shall be maintained or continued in any Court of Tribunal or before any authority for the refund of any such fee, additional fee or cess; and
    • (c) no court shall enforce any decree or order directing the refund of any such fee, additional fee or cess. By Order and in the name of the Governor of Karnataka, G.K. BOREGOWDA Secretary to Government, Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 57 OF 2013 (First published in the Karnataka Gazette Extra-ordinary on the Twenty seventh day of August, 2013) THE KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT) ACT, 2009 (Received the assent of the Governor on the second day of August, 2013) An Act further to amend the Karnataka Town and Country Planning Act, 1961, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Municipalities Act, 1964. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963), the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixtieth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2009.
  6. (2) It shall come into force at once. (Section 76FF is incorporated in the Principal Act) KARNATAKA ACT NO.67 OF 2013 (First Published in the Karnataka Gazette Extra-ordinary on the Thirty first day of December, 2013) THE KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT) ACT, 2013 (Received the assent of the Governor on the Twenty eighth day of December, 2013) An Act further to amend the Karnataka Town and Country Planning Act, 1961, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Municipalities Act, 1964. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) the Karnataka Municipal Corporations Act, 1976(Karnataka Act 14 of 1977) and the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Sixty Fourth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning and certain other Laws (Amendment) Act, 2013.
  7. (2) It shall be deemed to have come into force with effect from the 19th day of October, 2013. Sections 76FF, Sub sec 1 & 13 is incorporated in Principal Act KARNATAKA ACT NO. 10 OF 2014 (First published in the Karnataka Gazette Extra-ordinary on the Twenty-second day of February, 2014) THE KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2014 (Received the assent of the Governor on the Twentieth day of February, 2014) An Act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty-fifth year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Amendment) Act, 2014.
  8. (2) It shall come into force at once. Sections 68C, & 68D are Incorporated in the Principal Act. KARNATAKA ACT NO. 38 OF 2015 (First Published in the Karnataka Gazette Extra-ordinary on the tenth day of September, 2015) THE KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2015 (Received the assent of the Governor on the fifth day of September, 2015) An Act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Sixty-Sixth year of the Republic of India as follows:- 1. Short title and commencement. - (1) This Act may be called the Karnataka Town and Country Planning (Amendment) Act, 2015.
  9. (2) It shall come into force at once. Sections 2, 14A, 14B, 17, 18, 18-A, 69 are Incorporated in the Principal Act. KARNATAKA ACT NO. 25 OF 2020 (First published in the Karnataka Gazette Extra-ordinary on the 19th day of October, 2020) THE KARNATAKA TOWN AND COUNTRY PLANNING (FOURTH AMENDMENT) ACT, 2020 (Received the assent of the Governor on the 16th day of October, 2020) An Act further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and for matters connected therewith or incidental thereto; Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy first year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Fourth Amendment) Act, 2020.
  10. (2) It shall be deemed to have come into force with effect from the 31st day of July, 2020. Sections 18-B is Incorporated in the Principal Act KARNATAKA ACT NO. 34 OF 2020 (First published in the Karnataka Gazette Extra-ordinary on the 19th day of October, 2020) THE KARNATAKA TOWN AND COUNTRY PLANNING (THIRD AMENDMENT) ACT, 2020 (Received the assent of the Governor on the 16th day of October, 2020) An Act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy first year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Third Amendment) Act, 2020.
  11. (2) It shall be deemed to have come into force with effect from the 22nd day of May, 2020. Sections 17 is Incorporated in the Principal Act 3. Repeal and savings.- (1) The Karnataka Town and Country Planning (Amendment) Ordinance, 2020 (Karnataka Ordinance 09 of 2020) is hereby repealed.
  12. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under principal Act, as amended by this Act. By Order and in the name of the Governor of Karnataka, (K.DWARAKANATH BABU) Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT 46 OF 2020 (First published in the Karnataka Gazette Extra-ordinary on the 20th day of October, 2020) THE KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2020 (Received the assent of the Governor on the 19th day of October, 2020) An Act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) for the purposes hereinafter appearing: Be it enacted by the Karnataka State Legislature in the seventy first year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Amendment) Act, 2020.
  13. (2) It shall come into force at once. Section 14-A is incorporated in the principal Act. KARNATAKA ACT NO. 47 OF 2020 (First published in the Karnataka Gazette Extra-ordinary on the 20th day of October, 2020) THE KARNATAKA TOWN AND COUNTRY PLANNING (SECOND AMENDMENT) ACT, 2020 (Received the assent of the Governor on the 19th day of October, 2020) An Act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) for the purposes hereinafter appearing: Be it enacted by the Karnataka State Legislature in the seventy first year of the Republic of India, as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Second Amendment) Act, 2020.
  14. (2) It shall come into force at once. Section 6, 7, 12 and 13 are incorporated in the principal Act. KARNATAKA ACT NO. 31 OF 2021 (First published in the Karnataka Gazette Extra-ordinary on the 7th day of October, 2021) THE KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2021 (Received the assent of the Governor on the 5th day of October, 2021) An Act further to amend the Karnataka Town and Country Planning Act, 1961. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy second year of the Republic of India as follows, namely:- 1. Short title and commencement.– (1) This Act may be called the Karnataka Town and Country Planning (Amendment) Act, 2021.
  15. (2) The section 2 and 3 shall be deemed to have come into force with effect from the 12th day of August, 2021, section 4 shall be deemed to have come into force with effect from the 5th day of July, 2021 and other provisions shall come into force at once. 2. Insertion of new sections 4-I, 4-J and 4-K.- In the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) (hereinafter referred to as the Principal Act), after section 4H, the following shall be inserted, namely:- “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.
  16. (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.
  17. (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.
  18. (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.
  19. (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:-
    • (iv) Preparing plan, promoting and regulating the orderly growth of urban and rural area, including land use;
    • (v) circulation, preparation and implementation of the master plan; and
    • (vi) preparing and execution of town planning schemes and development schemes and securing the development of the local planning area.
  20. (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.
  21. (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.
  22. (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.
  23. (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.
  24. (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.
  25. (6) The Director of Town and Country planning may levy a fee for development as notified by the Government, from time to time.
  26. (7) The fee collected under sub-section (6) shall be remitted to the consolidated fund of the State.
  27. (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).
  28. (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.
  29. (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.” 3. Amendment of section 14-B.- In the Principal Act, in section 14-B,-
  30. (1) in sub-section (1),- (a)after the words “The Planning Authority shall issue Development Rights” the words “in the form of Notional land” shall be inserted;
    • (aa) the following shall be inserted at the end, namely:- “The site remaining after surrender shall have same floor area which was available before surrender for the original site or land as per regulation.”; (b)after sub-section (1), the following proviso shall be inserted, namely:“Provided that, any ‘Area’ surrendered in the above manner before 03.06.2004 shall not be eligible for Development Rights.”
  31. (2) for sub-section (3), the following shall be substituted, namely:- “(3) No Development Rights shall be granted under this section unless the Public Authority deposits the amount with Local Authority equal to one percent of the market value of the area required: Provided that, the State or Central Government Agencies for the development of affordable housing projects, slum redevelopment projects, Local Authority and Planning Authority are exempted from such deposition.”
  32. (3) for sub-section (4), the following shall be substituted, namely:- "(4) whenever, the Public Authority intends to procure any ‘Area’ for any public purpose under sub-section (1), it shall follow the prescribed procedure to,-
    • (i) notify the details of the Area, seeking consent or objection from the owners of the Area or interested persons, to surrender the Area by availing Development Rights, instead of monetary compensation, within thirty days from the date of publication of the notification in the Official Gazette and in two daily newspapers;
    • (ii) get the consent of the owners to surrender the ‘Area’ by availing Development Rights;
    • (iii) issue Provisional Acceptance Order and take physical possession of the ‘Area’ agreed to be surrendered by the owner; (iv)get the Relinquishment deed executed and registered in favour of the Public Authority; and
    • (v) recommend to the Planning Authority to issue Development Rights Certificate to the owners for the Area surrendered with a certificate that no development rights certificate or compensation had been issued in this regard by any Public Authority or Planning Authority: Provided that, in case the land owner or interested persons submit the claim to surrender the remaining portion of the land notified under clause (i) as the land is rendered unfit for the beneficial use of the land owner or interested persons, the Public Authority shall conduct the enquiry and pass suitable order to procure the remaining portion of the land and obtain the registered relinquishment deeds from the land owners.” (3A) for sub-section (5), the following shall be substituted, namely :- “(5) on receipt of the recommendation from the Public Authority, the Planning Authority shall, after verification that no Transferable Development Right has been issued before by that Planning Authority on the same parcel of land, within thirty days from the date of receipt of recommendations issue Development Right Certificate to the owner in the prescribed form, under intimation to the Public Authority specifying the extent of notional land as Development rights admissible subject to such terms and conditions as may be prescribed. Any liability with respect to the issue of Development right arising out of the action of the Public Authority under sub-section (4) shall be limited to the Public Authority and the Planning Authority shall not be held responsible for the same.”
  33. (4) sub-section (9), shall be omitted. (4A) after sub-section (10), the following proviso shall be inserted, namely :“Provided that, in cases where land has been procured and possession has been taken by the Public Authority five years or more prior to the date of commencement of the Karnataka Town and Country Planning (Amendment) Act, 2021 for the purpose specified above but no Development Right Certificate has been issued till the commencement of the said amendment Act, in such procurement process land owners shall be eligible for benefit of Development Rights as per the said amendment Act.”
  34. (5) for sub-section (13), the following shall be substituted, namely:- “(13) The Development rights may be utilized within the same plot or in other area in the same Local Planning area or as notified by the Government, by the owner or the owner of such Development Rights may transfer the Development rights to a transferee as Transferable Development Rights which may be sold or utilized in any area as prescribed within the Local Planning Area or as notified by the Government.”
  35. (6) in sub-section (19),-
    • (a) after the words “Planning Authority” the words “and Public Authority” shall be inserted; and
    • (b) at the end, the following shall be inserted, namely:- “and for stocking, banking and trading of Development Rights or Transferrable Development Rights in the State.”
  36. (7) in sub-section (22), for the words “order of the Planning Authority” the words “decision of the Public Authority or Planning Authority” shall be substituted.
  37. (8) in sub-section (24), after the words “The Member Secretary of the Planning Authority” the words “or the Chief Executive Officer of the Public Authority, as the case may be,” shall be inserted.
  38. (9) for the Table and the entries relating thereto, the following shall be substituted, namely:- “Table [see sub-section (1)] QUANTUM OF DEVELOPMENT RIGHTS PERMITTED

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

  1. (i) Any road widening/any road formation as proposed in Master Plan or as proposed by the Local Authority or Developing Authority.; (ii) Any Infrastructure Projects approved by the Government (Transportation, Water Supply, Sewage, Electricity, etc.,).; (iii) Providing for parking, Parks, playgrounds, and open spaces, or any other public places proposed in the Master Plan or proposed by Local Authority and redevelopment projects on private land; (iv) Providing EWS/LIG/ affordable housing/Slum redevelopment project on private land; (v) Any other public purpose notified by the Government from time to time. DR in the form of notional land which shall be equal to two times of the Area surrendered.
  1. (10) after the Note of the Table, under the heading Explanation,- (a)in clause (b), the words “This amount shall be equal to the market value of the area to be acquired” shall be omitted. (b)for clause (k), the following shall be substituted, namely:- “(k) “Transferable Development Rights” (TDR) means the Development Right in the form of notional land transferred by the owner to a transferee, which may be sold or disposed or utilized elsewhere in the Local Planning Area or any other area notified by the Government. The DR of the ‘Area’ surrendered in the form of Notional land, shall be permitted to be utilized as TDR, only after factorizing the market value of the originating plot and the receiving plot, as specified in the terms and conditions; and (c)after clause (k), so substituted, the following shall be inserted, namely:- “(l) “Transferred Development Rights Certificate’” (TDRC) means the certificate of Development Rights transferred by the DRC holder as TDR. TDRC shall also be issued for the TDR transferred by any subsequent TDRC holder.” 4. Amendment of section 17.- In the the Principal Act, in section 17,-
  2. (1) for sub-section (2-C), the following shall be substituted, namely:- “(2-C) The Planning Authority, if a person so desires, may also permit the release of sites in two stages. In such a case, the Planning Authority on approval of the provisional layout plan release forty percent of the sites in the layout in the first stage and shall release the remaining sixty percent of the sites on completion of all development works in the following manner, namely:-
    • (i) On approval of the provisional layout plan in the prescribed manner before releasing forty percent of sites, the Planning Authority shall,-
    • (a) obtain the registered relinquishment deed, in the prescribed form, from the applicant to relinquish the areas reserved and demarcated for park, playground and the roads in the layout to the Local Authority and the area reserved and demarcated for civic amenities to the Planning Authority without claiming any compensation;
    • (b) shall also obtain the registered mortgage agreement of all the corner sites in the layout to the Planning Authority; and
    • (c) ensure that the project is registered under the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016).
      • (ii) After obtaining above documents the planning Authority shall release forty percent of the sites scattered in the layout showing the building sites released affixing the seal of the Authority on the provisionally approved layout plan which shall be sent to the Local Authority for issue of khata of such sites for registration purpose under the Karnataka Stamps Act, 1957 (Karnataka Act 34 of 1957) and the Registration Act, 1908 (Central Act XVI of 1908).
      • (iii) The Planning Authority shall ensure the completion of all development works including all infrastructure facilities as specified under sub-section (2-A), on conducting inspection by the concerned Authority or Agency or Department within three years from the date of approval of the provisional layout plan. In case the completion certificates for completion of all development works are not obtained within three years from the date of approval of the provisional layout plan, the Planning Authority may for the reasons to be recorded extend the period for completion of development by a further period of one year.
      • (iv) On completion of all development works and obtaining the completion certificates within three years or within the extended period and obtaining the certificate of completion from the concerned Authority or Agency or Department including the development of the park, playground and civic amenity sites, the Planning Authority shall approve the final layout plan releasing the remaining sixty percent of the sites along with the corner sites mortgaged to the Authority. A copy of the finally approved layout plan, affixing the seal of the Planning Authority, showing the building sites released shall be sent to the Local Authority for issue of khata of such sites for registration purpose under the Karnataka Stamps Act, 1957 (Karnataka Act 34 of 1957) and the Registration Act, 1908 (Central Act XVI of 1908): Provided that, in case the development works are not completed within the period specified under clause (iii), the corner sites mortgaged to the Planning Authority shall be forfeited to the Planning Authority”.
  3. (2) After sub-section (2-C), so substituted, the following shall be inserted, namely:- “(2-D). In case of layout provisionally approved under sub-section (2-B), the development works specified under sub-section (2-A) shall be completed within a period of three years from the date of approval of the provisional layout plan: Provided that, the Planning Authority may, on application made in this behalf, for reasons to be recorded in writing, extend the period for development of the layout to such further period not extending one year, as it considers necessary. In case the development works are not completed within such specified period, the permission granted by the Planning Authority shall lapse. The applicant shall thereafter seek fresh approval following due procedure. (2-E). Any building site which has not been released by the Planning Authority under this Act shall not be issued any Khata or given property index number (ekhata) under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1976), the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993)or the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) as the case may be”. 5. Repeal and savings.- (1) The Karnataka Town and Country Planning (Amendment) Ordinance, 2021 (Karnataka Ordinance 06 of 2021) and the Karnataka Town and Country Planning (Second Amendment) Ordinance, 2021 (Karnataka Ordinance 07 of 2021) are hereby repealed.
  4. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinances, shall be deemed to have been done or taken under the Principal Act, as amended by this Act. By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 61 OF 2025 (First published in the Karnataka Gazette Extra-ordinary on the 12th day of September, 2025) THE KARNATAKA DECRIMINALISATION (AMENDMENT OF PROVISIONS) ACT, 2025 (Received the assent of the Governor on the 11th day of September, 2025) An Act to amend certain enactments for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business. Whereas it is to amend certain enactments for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business and for matters connected therewith for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy sixth year of the Republic of India, as follows:- 1. Short title, commencement and application.- (1) This Act may be called the Karnataka Decriminalisation (Amendment of Provisions) Act, 2025.
  5. (2) It shall come into force on such date as the Government of Karnataka may, by notification in the Official Gazette, appoint and different dates may be appointed for amendments relating to different enactments.
  6. (3) The amendment of any enactment by this Act shall not affect any other enactment in which the amended enactment has been applied, incorporated or referred to.
  7. (4) This Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of, or from any debt, penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing;
  8. (5) This Act shall not affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, or recognised or derived by, in or from any enactment hereby amended.
  9. (6) The amendment of any enactment by this Act shall not revive restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. 2. Amendment of Karnataka Act 11 of 1963.- In the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963),-
  10. (1) in section 73,-
    • (a) for the words, “shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both” the words “shall, on conviction, be punished with penalty which may extend to fifty thousand rupees” shall be substituted.
    • (b) after clause (e), the following shall be inserted, namely:- “(f) Every Engineer or Architect registered with a Local Body and responsible for the preparation, certification, submission, or development of building or layout plans under sections 15 and 17 of the Act shall inform the respective owner or developer of the obligation to carry out development or construction strictly in accordance with provisions of the Act and the sanctioned plans. If any owner or developer, after obtaining such approval, undertakes development or construction in violation of the sanctioned plans, the concerned registered Engineer or Architect shall be liable to a penalty of two lakh rupees. In the event of repeated violations, appropriate proceedings shall be initiated for the cancellation of the registration or license of such Engineer or Architect.”
  11. (2) in section 76D for the words “fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months”, the words “penalty which may extend to twenty five thousand rupees” shall be substituted. The above translation of ಕರ್ನಾಟಕ ನಿರಪರಾಧೀಕರಣ (ಉಪಬಂಧಗಳ ತಿದ್ದು ಪಡಿ) ಅಧನಿಯಮ, 2025 (2025ರ ಕರ್ನಾಟಕ ಅಧನಿಯಮ ಸಂಖ್ಯೆ : 61) be published in the official Gazette under Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 67 OF 2025 (First published in the Karnataka Gazette Extra-ordinary on the 12th day of September, 2025) THE KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT) ACT, 2025 (Received the assent of the Governor on the 11th day of September, 2025) An Act further to amend the Karnataka Town and Country Planning Act, 1961, the Karnataka Urban Development Authorities Act, 1987 and the Mysuru Development Authority Act, 2024. Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987) and the Mysuru Development Authority Act, 2024 (Karnataka Act 39 of 2025) for the purposes hereinafter appearing: Be it enacted by the Karnataka State Legislature in the seventy sixth year of the Republic of India, as follows: 1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning and certain other laws (Amendment) Act, 2025.
  12. (2) It shall come into force on such date as the State Government may by notification appoint, on this behalf. 2. Amendment of Karnataka Act 11 of 1963.- In the Karnataka Town and Country Planning Act. 1961 (Karnataka Act 11 of 1963),(i) in section 2, (a) in clause (1), after sub-clause (1b), the following shall be inserted, namely:- "(1bb) "Commissionerate" means the Urban Development Authorities and Town and Country Planning Commissionerate headed by a Commissioner, appointed under section 2A;"
    • (b) in clause (7), in sub-clause (a),[A] for item (i) the following shall be substituted, namely:“(i) the Local Planning area comprising the Greater Bengaluru Area, the Greater Bengaluru Authority;” [B] after item (i-a), the following shall be inserted, namely:- “(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;”
      • (ii) after section 2, the following new section shall be inserted, namely:- "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.
  13. (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.
  14. (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.
  15. (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.
  16. (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.
  17. (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."
    • (iii) in section 81-B,-
    • (a) for clause (i), the following shall be substituted, namely:- “(i) the Bangalore Development Authority shall be the Planning Authority for 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;
    • (b) in clause (ii), after the words “Bangalore City” the words, “excluding the Greater Bengaluru Area” shall be inserted.
      • (iv) after section 81-F, the following shall be inserted, namely:- “81-G. Consequences of constitution of Greater Bengaluru Authority.(1) Notwithstanding anything contained in this Act with effect from the date Greater Bengaluru Authority is constituted under the Greater Bengaluru Governance Act, 2024 (Karnataka Act 36 of 2025) such Authority shall be the local planning authority for the local planning area comprising the Greater Bengaluru Area and it shall exercise the powers, discharge the functions and perform the duties under this Act as if it were a local planning authority constituted for the Greater Bengaluru Area.
  18. (2) Anything done or any action taken, (including any Notifications, Orders, Schemes or Bye-laws, Master Plan and Regulations made or issued) any Commencement Certificate or Permission granted by the Bengaluru Development Authority or the erstwhile Bengaluru City Local Planning Authority shall be deemed to have been done, taken, made, issued or granted by the Greater Bengaluru Authority under the provisions of this Act.
  19. (3) All suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Bengaluru Development Authority for the areas comprising Greater Bengaluru Area may be continued or be instituted by or against the Greater Bengaluru Authority.” 3. Amendment of Karnataka Act 34 of 1987.- In the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987), after section 78, the following new section 78-A shall be inserted, namely:- "78-A. Consequences to ensue upon appointment of Commissioner.- (1) The Commissioner of the Commissionerate appointed under section 2-A of the Karnataka Town and Country Planning Act, 1961, shall be the Head of all the Urban Development authorities constituted under section 3.
  20. (2) All correspondence relating to any matter between the Urban Development Authorities and the Government dealt under this Act shall be conducted by the Commissioner of the Commissionerate.
  21. (3) The Government, by notification direct that any power exercisable by it under this Act, except the power to make rules, may be exercised by the Commissioner of the Commissionerate, as may be specified in the notification, subject to such restrictions and conditions as may be specified therein.” 4. Amendment of Karnataka Act No. 39 of 2025.- In the Mysuru Development Authority Act, 2024 (Karnataka Act 39 of 2025), after section 76, the following new section shall be inserted with effect from 23.05.2025, namely:- “76-A. Consequences to ensue upon appointment of the Commissioner.- (1) The Commissioner of the Commissionerate appointed under section 2-A of the Karnataka Town and Country Planning Act, 1961shall be the Head of Mysuru Development Authority constituted under section 3.
  22. (2) All correspondence relating to any matter between the Mysuru Development Authority and the Government dealt under this Act shall be conducted by the Commissioner of the Commissionerate.
  23. (3) The Government may, by notification, direct that any power exercisable by it under the Act, except the power to make rules, may be exercised by the Commissioner of the Commissionerate, as may be specified in the notification, subject to such restrictions and conditions as may be specified therein.” By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation

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