Chapter VII MISCELLANEOUS

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

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

Direction by the Authority.-

1. (1) The Authority in order to carry out the purposes of this Act may issue directions to the Karnataka Urban Water Supply and Drainage Board, Karnataka Electricity Board and such other bodies as are connected with the developmental activities in the urban area and provide the funds to comply with the same.
2. (2) Notwithstanding anything contained in any other law for the time being in force every such direction shall be complied with by the body to whom they are issued. On failure, it shall be competent for the Authority to take necessary action in this behalf and recover expenses if any, incurred therefor from the body concerned.
3. (3) Any dispute which arises between the Authority and the Boards or other bodies referred to in sub-section (1), in respect of the directions issued to them shall be determined by the Government whose decision shall be final.

Offences by companies.-

1. (1) If the person committing an offence under this Act is a company every person who, at the time the offence was committed was in-charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or, is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purpose of this section,-
   • (a) 'company' means a body corporate and includes a firm or other association of individuals; and
   • (b) 'director' in relation to a firm means a partner in the firm.

Fines when realised to be credited to the funds of the Authority.-All fines realised in connection with prosecution under this Act shall be paid to the credit of the funds of the Authority.

Composition of offence.-

1. (1) The Authority or any person, authorised by the Authority by general or special order may, either before or after the institution of proceedings compound any offence made punishable by or under this Act.
2. (2) Where an offence has been compounded, the offender, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

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

Jurisdiction of courts.- No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act.

Sanction of prosecution.- No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority.

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

Power to delegate.- The Authority may, by notification direct that any power exercisable by it under this Act except the power to make regulations may also be exercised by the Commissioner or such whole time member or officer of the Authority as may be specified in the notification, subject to such restrictions and conditions as may be specified therein.

Revision.-

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

Notice of suit against the Authority.- No suit or other proceedings shall be commenced against the Authority or any member or any officer or servant of the Authority or against any person acting under the direction of the Authority, the member or officer of the Authority, for anything done, or purporting to have been done, in pursuance of this Act or a rule, regulation or bye-law made thereunder without giving to the Authority one month's previous notice in writing of the intended suit or other proceedings, and of the cause thereof, or after six months from the accrual of the cause of such suit or other proceedings or after tender of sufficient amends.

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

Transfer of employees.-

1. (1) Notwithstanding anything contained in this Act or in any law for the time being in force, the Government may transfer any officer or servant of one Authority to the service of any other Authority or of any local authority.
2. (2) The Government shall have power to issue such general or special directions as it thinks necessary for the purpose of giving due effect to transfer made under sub-section (1) and such directions shall be complied with by the Authority or the local authority concerned.

Submission of copies of resolutions and Government's power to cancel the resolution or order.-

1. (1) The Commissioner shall submit to the Government copies of all resolutions of the Authority.
2. (2) If the Government is of opinion that the execution of any resolution or order issued by or on behalf of the Authority or the doing of any act which is about to be done or is being done by or on behalf of the Authority is in contravention of or in excess of the powers conferred by this Act or any other law for the time being in force or is likely to lead to a breach of peace or to cause injury or annoyance to the public or to any class or body of persons or is prejudicial to the interests of the Authority, it may, by order in writing suspend the execution of such resolution or order or prohibit the doing of any such act after issuing a notice to the Authority to show cause, within the specified period which shall not be less than fifteen days, why,-
   • (a) the resolution or order should not be cancelled in whole or in part, or
   • (b) any regulation or by-law concerned should not be repealed in whole or in part.
3. (3) Upon consideration of the reply, if any, received from the Authority and after such inquiry as it thinks fit, the Government may pass orders cancelling the resolution or order or repeal the regulations or bye-law and communicate the same to the Authority.
4. (4) The Government may at any time on further representation by the Authority or otherwise, revise, modify, or revoke an order passed under sub-section(3).

Default in performance of duty.-

1. (1) If the Government is satisfied that the Authority has made default in performing any duty imposed on it by or under this Act it may fix a period for the performance of that duty.
2. (2) If in the opinion of the Government, the Authority fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the Government, notwithstanding anything contained in section 5 to supersede and reconstitute the Authority in the prescribed manner.
3. (3) After the supersession of the Authority and until it is reconstituted, the powers, duties and functions of the Authority under this Act shall be carried on by the Government or by such officer or officers as the Government may appoint for this purpose.

Amendment of the Karnataka Town and Country Planning Act, 1961.- In the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963),-

1. (a) in section 2, after item (i), of sub-clause (a) of clause (7) the following shall be inserted, namely :- "(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 ;"
2. (b) after section 81C, the following section shall be inserted, namely:- "81D. Consequences to ensue upon the constitution of the Urban Development Authority.-Notwithstanding anything contained in this Act, with effect from the date on which the Urban Development authority is constituted under the Karnataka Urban Development Authorities Act, 1987 the following consequence shall ensue :-
   • (i) the Urban Development Authority shall be the Planning Authority for the local planning area comprising the Urban area over which the Planning Authority for the city or town had jurisdiction immediately before the date on which the Urban Development Authority is constituted ;
   • (ii) the Urban Development Authority shall exercise the powers, perform the functions and discharge the duties under this Act in the urban area as if it were a Planning Authority constituted for the city or town ;
   • (iii) the Planning Authority in the urban area shall stand dissolved and upon such dissolution,-
3. (a) anything done or any action taken (including any appointment, notification, order, scheme or bye-law made or issued), any commencement certificate or permission granted by the Planning Authority shall be deemed to have been done, taken, made, issued or granted under the provisions of this Act by the Urban Development Authority and continue to be in force until it is superseded by anything done or any action taken, any appointment, notification, order, scheme, or bye-law made or issued, commencement certificate or permission granted by the Urban Development Authority under the provisions of this Act ;
4. (b) all obligations and liabilities incurred, all contracts entered into, all matters and things engaged to be done by, with, or for the Planning Authority shall be deemed to have been incurred, entered into, or engaged to be done by, with, or for the Urban Development Authority;
5. (c) all property movable and immovable and all interests of whatsoever nature and kind therein vested in the Planning Authority shall with all rights of whatsoever description used, enjoyed or possessed by the Planning Authority, vest in the Urban Development Authority ;
6. (d) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Planning Authority may be continued or be instituted by or against the Urban Development Authority."

Housing Board not to undertake any Housing Scheme after the commencement of this Act.- The Housing Board established under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) shall not undertake any Housing Scheme in any area within the urban area except in conformity with the layout plan of the Urban Development Authority :

Power to make rules Power to make rules.-

1. (1) The Government may by notification make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
   • (a) for the guidance of the Authority and persons connected with the administration of this Act or in cases not expressly provided for herein ;
   • (b) the conditions of service of the Chairman and other members of the Authority ;
   • (c) the manner of appointment of committees and the period of such appointment ;
   • (d) the terms and conditions subject to which the Authority may take up development scheme or work and execute it ;
   • (e) the particulars to be specified in the application of the scheme ;
   • (f) the restrictions, conditions and limitations subject to which the Authority may lease, sell or transfer movable or immovable property ;
   • (g) regulating the allotment or sale by auction of sites by the Authority ;
   • (h) the manner of reconstitution of the Authority ;
     • (i) any other matter which has to be or may be prescribed by rules.

Power to make regulations.-

1. (1) The Authority may, with the previous approval of the Government make regulations, not inconsistent with the provisions of this Act or the rules made thereunder to carryout the purposes of this Act and without prejudice to the generality of this power, such regulations may provide for,-
   • (a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat ;
   • (b) giving instructions to the committees ;
   • (c) the form of contract or agreement to be entered into by the Authority ;
   • (d) the appointment of persons for enforcement of processes for recovery of dues ;
   • (e) the procedure to be followed for the carrying out of the functions of the Authority under Chapters II and III ;
   • (f) regulating the grant of leave, leave allowances, pensions and gratuities and other matters relating to recruitment and conditions of service of the officers and servants of the Authority not being officers in Government service lent to the Authority ;
   • (g) any other matter which is to be prescribed by regulations under the Act ;
2. (2) The Government may, by notification, rescind any regulation made under this section and thereupon, the said regulation shall cease to have effect.
3. (3) All regulations made under this section shall be published in the official Gazette.

Power to make by-laws.-

1. (1) The Authority may, with the previous approval of the Government make bye-laws not inconsistent with the rules or the regulations made under this Act, in respect of the following matters namely :-
   • (a) the management, use and regulation of houses constructed under any Schemes ;
   • (b) regulating the construction and reconstruction of building in regard to such matters as the following, namely: the notice to be given previous to erection, the plan to be submitted, the line of frontage with neighboring buildings, the free space to be left about the buildings, the level and width of foundation,. the stability of the structure, the materials to be used and the provisions to be made for the drainage and ventilation ; and
   • (c) the forming of extensions or layouts and the laying out of private streets, for determining the information and plans to be submitted with applications for permission to form extensions or layouts and to make private streets, and for regulating the level and width of streets and the height of buildings abutting thereon.
2. (2) The Government may, by notification, rescind any bye-law made under this section and thereupon the said bye-law shall cease to have effect.
3. (3) All bye-laws made under this section shall be published in the official Gazette and also in atleast two newspapers in English and Kannada having large circulation in the urban area.

Prohibition of unauthorised occupation of land.-

1. (1) Any person who unauthorisedly enters upon and uses or occupies any land belonging to the Authority to the use or occupation of which he is not entitled or has ceased to be entitled, shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees.
2. (2) Any person who having unauthorisedly occupied whether before or after the commencement of this Act, any land belonging to the Authority to the use or occupation of which he is not entitled, or has ceased to be entitled, fails to vacate such land in pursuance of an order under sub-section (1) of section 5 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974) shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees and with a further fine which may extend to fifty rupees per acre of land or part thereof for every day on which the occupation continues after the date of the first conviction for such offence.
3. (3) Whoever intentionally aids or abets the commission by any other person of an offence punishable under sub-section (1) or sub-section (2) shall, on conviction, be punished with the same punishment provided for such offence under the said sub-sections.

Penalty for breach of the provisions of the Act.- Whoever contravenes any of the provisions of this Act or of any rule, regulation or bye-laws or Scheme made or sanctioned thereunder shall be punished with fine which may extend to five hundred rupees and in the case of a continuing contravention, with fine which may extend to fifty rupees for each day after the first during which the contravention continues.

Act to over-ride other laws.-

1. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
2. (2) Where an Authority is constituted for and is functioning in any Urban Area the provisions contained in Chapter VIII of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), shall not be applicable to such Urban Area.

Dissolution of the Authority.-

1. (1) The Government may, by notification, declare that with effect from such date as may be specified in the notification, the Authority shall be dissolved : Provided that no such declaration shall be made by the Government unless a resolution to that effect has been moved in and passed by both Houses of the State Legislature.
2. (2) With effect from the date specified in the notification under sub-section (1),-
   • (a) all properties, funds and dues which are vested in and realisable by the Authority shall vest in and be realisable by the Government ;
   • (b) all liabilities enforceable against the Authority shall be enforceable against the Government to the extent of the properties, funds and dues vested in and realised by the Government.
3. (3) Nothing in this section shall affect the liability of the Government in respect of loans or debentures guaranteed under sub-section (5) of section 40.

Consequence of constitution of Urban Development Authority.-

1. (1) On the issue of a notification under sub-section (1) of section 3 constituting an Urban Development Authority for any Urban Area the Karnataka Improvements Boards Act, 1976 (Karnataka Act 11 of 1976) or the City of Mysore Improvement Act, 1903 (Mysore Act III of 1903), as the case may be, shall cease to be applicable in such Urban Area.
2. (2) On such cessor, the Improvement Board 1[the Bagalkot Town Development Authority]1 or the City Improvement Trust Board, Mysore constituted under the said Acts for such Urban Areas shall stand dissolved. 1. These words are to be omitted when Act 12 of 1996 is brought into force.
3. (3) Subject to the provisions of sub-section (2), nothing in sub-section (1) shall affect,-
   • (a) the previous operation of the said enactments or anything done, or suffered thereunder ; or
   • (b) any right, privilege, application or liability, acquired, accrued or incurred in the said enactment ; or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
   • (d) any investigation, local proceeding or remedy in respect of such right, privilege, obligation, liability, forfeiture or punishment as aforesaid ; and any such investigations, legal proceeding 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 enacted. (4)
   • (a) Subject to the preceding provision, anything done or any action taken (including any appointment, or delegation made, tax or fee imposed, notification, order, instrument, or direction issued, rule, regulation, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected, in the said Acts shall be deemed to have been done or taken in the corresponding provisions of this Act and shall continue if enforced accordingly unless and until superseded by anything done or any action taken under this Act ;
   • (b) Every officer and servant of an Improvement Board, 1[the Bagalkot Town Development Authority]1 and the City Improvement Trust Board, Mysore as the case may be, other than such class of servants as the Government may by order specify, shall become employees of the corresponding Urban Development Authority and shall, until other provisions are made, receive the salary and allowances and be subject to the conditions of service to which they were entitled immediately before the constitution of the Authority for the Urban Areas concerned; 1. These words are to be omitted when Act 12 of 1996 is brought into force.
   • (c) All assets and liabilities of and all contracts made by or on behalf of,-
     • (i) the Improvement Board;
     • (ii) 1[the Bagalkot Town Development Authority]1
     • (iii) the City Improvement Trust Board, immediately before the date of constitution of an Authority for the Urban Area under this Act and subsisting on that date shall stand transferred to the concerned Urban Development Authority; 1. These words are to be omitted when Act 12 of 1996 is brought into force.
   • (d) Where a provident fund or superannuation fund or any other like fund has been established for the benefit of the employees of the Improvement Board *[the Bagalkot Town Development Authority]1 or the City Improvement Trust Board, Mysore, the moneys standing to the credit of any such fund on the date of commencement of this Act together with any other assets belonging to such fund shall stand transferred to and vest in the Government and the Government shall be liable to discharge the obligations of the Improvement Board, 1[the Bagalkot Town Development Authority]1 or the City Improvement Trust Board, Mysore, in respect of such fund; 1. These words are to be omitted when Act 12 of 1996 is brought into force.
   • (e) Any reference in any enactment made or any instrument to any provisions of any of the repealed enactment shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this Act.

Orders bringing this Act into force.-

1. (1) Notwithstanding anything contained in this Act, or any other law, for the time being in force, the Government may, by order published in the official Gazette, make such provisions as appears to it be necessary or expedient for removing difficulties arising in connection with the transition to the provisions of this Act.
2. (2) The provisions made by any order under sub-section (1), shall, subject to the provisions of sub-section (3) have effect as if enacted under this Act, and any such order may be made, so as to be retrospective to any date, not earlier than the date of commencement of this Act : Provided that no person shall be deemed to be guilty of an offence by reason of so much of any such order, as makes any provision thereof retrospective to any date, before the making thereof.
3. (3) Every rule made under section 71 and every order made under sub-section (1) of this section, shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in Session for a total period of thirty days, which may be comprised in one Session or in two or more successive Sessions and if, before the expiry of the Session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or order or decide that any rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order.