Karnataka Town and Country Planning Act, 1961 Chapter 11 - Bare Act |
| State | Karnataka Government |
| Year | 1961 |
| Section Title | Miscellaneous |
No suit or other legal proceedings shall be maintained against the State Government, the Planning Authority or any public servant or persons duly appointed or authorised under this Act, in respect of anything in good faith done or purporting to be done under the provisions thereof or the rules made thereunder.
1[76A. Mode of proof of records of the Board and the Planning Authority
A copy of any receipt, application, plan, notice, order, entry in a register, or other document in the possession of the Board or any Planning Authority, if duly certified by the legal keeper thereof, or other person authorised by the Board or the Planning Authority in this behalf, shall be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.]
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1. Section 76A to 76M inserted by Act 14 of 1964 w.e.f. 26.03.1964.
No chairman, member or officer or servant of the Board or any Planning Authority shall in any legal proceeding to which the Board or Planning Authority is not a party, be required to produce any register or document the contents of which can be proved under section 76A by a certified copy, to appear as a witness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.
(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) 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 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.
If any person,
(a) obstructs, or molests any person engaged or employed by the Board or any Planning Authority, or any person with whom the Board or the Planning Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act,
he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the State Government or Planning Authority or any officer authorised by the State Government or the Planning Authority in this behalf.
(1) The State Government or the Planning Authority concerned or any person authorised by the State Government or the Planning Authority in this behalf by general or special order may either before or after the institution of the proceedings compound any offence made punishable by or under this Act.
(2) When an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
All fines realised in connection with any prosecution under this Act shall be paid to the planning authority concerned.
Every member and every officer and other employee of the Board and of every Planning Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or the Board or order passed or notice issued by any Planning Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.
No act done or proceeding taken under this Act shall be questioned on the ground merely of,-
(a) the existence of any vacancy in, or any defect in the constitution of the Board or any Planning Authority;
(b) any person having ceased to be a member;
(c) any person associated with the Board or any planning authority under section 4F having voted in contravention of the said section; or
(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
(e) any omission, defect or irregularity not affecting the merits of the case.
(1) Every Planning Authority shall carry out such directions as may be issued from time to time by the State Government for the efficient administration of this Act.
(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Planning Authority under this Act, any dispute arises between the Planning Authority, and a local authority, the decision of the State Government on such dispute shall be final.
Every Planning Authority shall furnish to the State Government such reports, and other information as the State Government may from time to time require.
(1) Save as provided in this Act, the provisions of this Act and the rules, regulations and bye-laws made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.
(2) Notwithstanding anything contained in any such other law,-
(a) when permission for development in respect of any land has been obtained under this Act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained;
(b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.
1[76N. State Government's powers to cancel the resolution or order
(1) If the State Government is of opinion that the execution of a resolution or order issued by or on behalf of the Planning Authority or the doing of any act which is about to be done or is being done by or on behalf of the Planning 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 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 interest of the Planning 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 Planning Authority to show-cause within the specified period which shall not be less than fifteen days, why,-
(a) the resolution or order may not be cancelled, in whole or in part; or
(b) any regulation or bye-law concerned may not be repealed in whole or in part.
(2) Upon consideration of the reply, if any, received from the Planning Authority and after such inquiry as it thinks fit, the State Government may, pass orders cancelling the resolution or order or repealing the regulation or bye-law and communicate the same to the Planning Authority.
(3) The State Government may at any time, on further representation by the Planning Authority or otherwise revise, modify or revoke an order passed under sub-section (2).]
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1. Section 76N and 76O inserted by Act 17 of 1991 w.e.f. 19.04.1991.
1[76O. Power of Planning Authority to suspend or revoke permission etc.
Planning Authority may suspend or revoke any licence, permission or sanction granted by it if,-
(i) the grantee has evaded or committed breach of any of the restrictions or conditions subject to which such licence, permission or sanction was granted; or
(ii) the grantee is convicted for contravention of any of the provisions of this Act, or of any rule, bye-law or regulation made thereunder in respect of any matter relating to such licence, permission or sanction, or
(iii) the grantee has obtained the licence, permission or sanction by mis-representation or fraud:
Provided that before making any order under this section the Planning Authority shall give the grantee a reasonable opportunity of making representation against the proposed order.]
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1. Section 76N and 76O inserted by Act 17 of 1991 w.e.f. 19.04.1991.
(1) Nothing in the Indian Registration Act, 1908 (Central Act XVI of 1908), shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a final scheme which has come into force and which has not been revoked.
(2) All such documents, plans and maps shall, for the purposes of section 48 and section 49 of the Indian Registration Act, 1908, be deemed to have been and to be registered in accordance with the provisions of that Act:
Provided that copies of documents, plans and maps relating to the sanctioned scheme shall be sent to the Sub-Registry office concerned, where such copies shall be kept and made accessible to the public in the manner prescribed.
When any Planning Authority ceases to exist or ceases to have jurisdiction over any area included in a Town Planning scheme, the property and rights vested in such Planning Authority under this Act, shall, subject to all charges and liabilities affecting the same vest in such other Planning Authority or authorities as the State Government may, with the consent of such authority or authorities, by notification direct; and the Planning Authority or each of such Planning Authorities shall have all the power under this Act in respect of such schemes or such part of a scheme as comes within its jurisdiction which the Planning Authority had, immediately before it ceased to exist or ceased to have jurisdiction.
(1) If, in the opinion of the State Government, any Planning Authority is not competent to exercise or perform, or neglects or fails to exercise or perform any power conferred or duty imposed upon it under any of the provisions of this Act, the State Government or any person or persons appointed in this behalf by the State Government, may exercise such power or perform such duty.
(2) Any expenses incurred by the State Government or by such person in exercising such power or performing such duty, shall be paid out of the funds of the Planning Authority and the State Government may make an order directing any person who, for the time being, has custody of any such funds to pay such expenses from such funds and such person shall be bound to obey such order.
(1) Where alocal authority which is a Planning Authority under this Act, is dissolved orsuperseded under the law governing its constitution, the person or personsappointed under such law to exercise the powers and perform the duties of suchlocal authority shall be deemed to be the local authority within the meaning ofclause (5) of section 2 of this Act, and may exercise all the powers andperform all the duties of a Planning Authority under this Act, during theperiod of dissolution or supersession of such local authority.
(2) Inthe event of a person or persons appointed as aforesaid exercising the powersand performing the duties of a Planning Authority under this Act, any property,which may under the provisions of this Act vest in the Planning Authorityexercising such powers and performing such duties shall during the period ofdissolution or supersession of the local authority vest in the State Governmentand such property shall, at the end of the said period, vest in such localauthority as the State Government may, by notification direct.
1 [(3) Where a local authority which is not a PlanningAuthority is dissolved or superseded under the law governing its constitution,the representatives of such local authority shall for purpose of clause (iii)of sub-section (3) of section 4C, be nominated from among the officers of suchlocal authority by the person or persons appointed under such law to exercisethe powers and perform the duties of such local authority, and suchrepresentatives shall, notwithstanding anything contained in sub-sections (1)and (2) of section 4D, hold office during the pleasure of the said person orpersons.]
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1.Inserted by Act 2 of 1968 w.e.f. 12.9.1967
1[80A. Dissolution of Planning Authorities
(1) Where the State Government is satisfied that the purposes for which any Planning Authority was established under this Act, have been substantially achieved so as to render the continued existence of the Planning Authority in the opinion of the State Government unnecessary, the State Government, may, by notification, declare that the Planning Authority shall be dissolved with effect from such date as may be specified in the notification, and the Planning Authority shall be deemed to be dissolved accordingly.
(2) With effect from the date of dissolution of a Planning Authority under sub-section (1), except where a direction is issued under section 78, all properties, rights and liabilities of such Planning Authority shall vest in the State Government.]
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1. Sub-section 1 and 2 inserted by Act 14 of 1964 w.e.f. 26.3.1964
1[81. Powers of Planning Authority to be exercised by certain officers
For the purpose of section 14,2[section 14B] section 15, section 18, section 24, section 35, sub-section (2) of section 46 and section 47, the powers and functions of the Planning Authority may, subject to approval of the State Government, be exercised and performed by the following authorities, namely:-
(a) in the case of a Municipal Corporation, by the Commissioner of the corporation, in the area under the jurisdiction of the corporation;
(b) in the case of a Municipal Council, by the Chief Executive Officer of the Municipality;
(c) in the case of a3[Grama Panchayat], by the Secretary of the;3[Grama Panchayat]
(d) in the case of any other local authority, by the person exercising the powers of the Chief Executive Authority.]
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1. Clause A to D substituted by Act 17 of 1991 w.e.f. 19.04.1991.
2. Inserted by Act 23 of 2004 w.e.f. 3.06.2004.
3. Substituted by Act 23 of 2004 w.e.f. 3.6.2004.
1[81A. O utline D evelopment P lan of Bangalore Metropolitan Area
(1) Notwithstanding anything contained in this Act,-
(a) the outline development plan for the Bangalore Metropolitan Area prepared by the Bangalore Metropolitan Planning Board constituted in Government Order No. PLM 130 GBA 61, dated 14th November 1961 shall be deemed to be the outline development plan of the Planning Area comprising the City of Bangalore, prepared under this Act, by the Planning Authority of such area, and the said plan along with the particulars specified in clauses (ii), (iii), (iv) and (v) of sub-section (2) of section 12, shall, as soon as may be, after the constitution of the Planning Authority for such Planning Area, be published and submitted to the State Government for provisional approval;
(b) on receipt of the plan and particulars under clause (1), the State Government shall after making such modifications as it deems fit, return the plan and the particulars to the Planning Authority, which shall thereupon take further action in accordance with the provisions of section 13.
(2) In respect of the outline development plan to which the provisions of sub-section (1) are applicable, the reference to the date of publication of the declaration of intention to prepare the outline development plan referred to in section 14, section 15 and section 16, shall be construed as reference to the date of constitution of the Planning Authority under section 4C for such planning area.]
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1. Sub-section 1 and 2 inserted by Act 2 of 1968 w.e.f. 12.09.1967.
1 [81B. Consequencesto ensue upon the constitution of the Bangalore Development Authority
Notwithstandinganything contained in this Act, with effect from the date on which theBangalore Development Authority is constituted under the Bangalore DevelopmentAuthority Act, 1976 the following consequences shall ensue:-
(i) theBangalore Development Authority shall be the Local Planning Authority for thelocal planning area comprising the City of Bangalore with jurisdiction over thearea which the City Planning Authority for the City of Bangalore hadjurisdiction immediately before the date on which the Bangalore DevelopmentAuthority is constituted;
(ii) theBangalore Development Authority shall exercise the powers, perform thefunctions and discharge the duties under this Act as if it were a LocalPlanning Authority constituted for the Bangalore City;
(iii)the City Planning Authority shall stand dissolved and upon such dissolution,-
(a) anything done or any action taken(including any appointment, notification, order, scheme or bye-law made or issued),any commencement certificate of permission granted by the Bangalore City LocalPlanning Authority shall be deemed to have been done, taken, made, issued orgranted under the provisions of this Act by the Bangalore Development Authorityand continue to be in force until it is superseded by anything done or anyaction taken, any appointment, notification, order, scheme, or bye-law, made orissued, commencement certificate or permission granted by the BangaloreDevelopment Authority under the provisions of this Act;
(b) all obligations and liabilitiesincurred, all contracts entered into, all matters and things engaged to bedone, by, with or for the Bangalore City Local Planning Authority shall bedeemed to have been incurred, entered into, or engaged to be done by, with orfor the Bangalore Development Authority.
(c) all property movable and immovableand all interests of whatsoever nature and kind therein vested in the BangaloreCity Local Planning Authority shall with all rights of whatsoever descriptionused, enjoyed or possessed by the Bangalore City Local Planning Authority, vestin the Bangalore Development Authority;
(d) all suits, prosecutions and otherlegal proceedings instituted or which might have been instituted by or againstthe Bangalore City Local Planning Authority may be continued or be institutedby or against the Bangalore Development Authority.]
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1. Clause (i) to (d) inserted by Act 12 of 1976 w.e.f. 20.12.1975.
1[81C. O utline development plan and comprehensive development plan of Bangalore Metropolitan Region
Notwithstanding anything in this Act, the Planning Authorities within the Bangalore Metropolitan Region as defined in the Bangalore Metropolitan Region Development Authority Act, 1985 shall submit the outline development plans and comprehensive development plans under sections 9 and 19 respectively to the State Government through the Bangalore Metropolitan Region Development Authority for approval and the said Authority shall exercise the powers and discharge the functions of the Director of Town Planning in respect of such outline development plans or comprehensive development plans. The provisions of sections 9 and 19 shall mutatis mutandis be applicable for the purpose of this section.]
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1. Inserted by Act 39 of 1985 w.e.f. 1.2.1986.
1 [2 [81D].Consequences to ensue upon the constitution of the urban Development Authority
Notwithstanding anything contained in this Act, with effectfrom the date on which the urban Development Authority is constituted under theKarnataka Urban Development Authorities Act, 1987 the following consequencesshall ensue:-
(i) theUrban Development Authority shall be the Planning Authority for the localplanning area comprising the Urban area over which the Planning Authority forthe city or town had jurisdiction immediately before the date on which theUrban Development Authority is constituted;
(ii) theUrban Development Authority shall exercise the powers, perform the functionsand discharge the duties under this Act in the urban area as if it were aplanning Authority constituted for the city or town;
(iii)the Planning Authority in the urban area shall stand dissolved and upon suchdissolution,-
(a) anything done or any action taken(including any appointment, notification, order, scheme or bye-law made orissued), any commencement certificate or permission granted by the PlanningAuthority shall be deemed to have been done, taken, made, issued or grantedunder the provisions of this Act by the Urban Development Authority andcontinue to be in force until it is superseded by anything done or any actiontaken, any appointment, notification, order, scheme, or bye-law made or issued,commencement certificate or permission granted by the Urban DevelopmentAuthority under the provisions of this Act;
(b) all obligations and liabilitiesincurred, all contracts entered into, all matters and things engaged to be doneby, 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 DevelopmentAuthority;
(c) all property movable and immovableand all interests of whatsoever nature and kind therein vested in the PlanningAuthority shall with all rights of whatsoever description used, enjoyed orpossessed by the Planning Authority, vest in the Urban Development Authority;
(d) all suits, prosecutions and otherlegal proceedings instituted or which might have been instituted by or againstthe Planning Authority may be continued or be instituted by or against theUrban Development Authority.]
3 [81E.- Consequences of constitution ofHampi World Heritage Area Management Authority
Notwithstanding anythingcontained in this Act with effect from the date Hampi World Heritage AreaManagement Authority is constituted under Hampi World Heritage Area ManagementAuthority Act, 2002 such authority shall be the local planning authority forthe local planning area comprising the heritage area and it shall exercise thepowers, discharge the functions and perform the duties under this Act as if itwere a local planning authority constituted for the heritage area]
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1.Inserted by Act 34 of 1987 w.e.f. 1.05.1988
2.Re-numbered by Act 17 of 1991 w.e.f. 19.11.1987
3. Inserted by Act 18 of 2004 w.e.f. .........
(1) Notwithstanding anything contained1[in this Act], every Planning Authority, making an outline or a comprehensive Development Plan or a Town Planning scheme, for any area, within its jurisdiction, shall take into consideration,-
(i) any housing scheme for such area, sanctioned prior to the commencement of this Act, under the provisions of the Mysore Housing Board Act, 1955, or any other corresponding law in force in the State;
(ii) any improvement scheme for such area sanctioned prior to the commencement of this Act, under the City of Mysore Improvement Act, 1903 (Mysore Act III of 1903), or the City of Bangalore Improvement Act, 1945 (Mysore Act V of 1945).
(2) Every housing scheme under the Mysore Housing Board Act, 1955, or any other corresponding law in force in the State and every Improvement Scheme under the City of Mysore Improvement Act, 1903, or the City of Bangalore Improvement Act, 1945, sanctioned under the provisions of the said Acts, after the commencement of this Act,1[shall conform to the Out-line Development Plan, or the Comprehensive Development Plan, as the case may be, for such area.]
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1. Substituted by Act 14 of 1964 w.e.f. 26.3.1964.
1[82A. Removal of difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the official Gazette, as the occasion may require do anything which appears to it to be necessary to remove the difficulty.
(2) Every order made under sub-section (1) shall as soon as may be after it is published, be laid before both Houses of the State Legislature and shall, subject to any modification which the State Legislature may make, have effect as if enacted in this Act.]
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1. Sub-section 1 and 2 substituted by Act 14 of 1964 w.e.f. 26.03.1964.
(1) The 1 [Bombay Town Planning Act, 1915(Bombay Act I of 1915) and The] BombayTown Planning Act, 1954 (Bombay Act XXVII of 1955), as in force in the 2 [Belgaum area];
(2) the Madras TownPlanning Act, 1920 (Madras Act VII of 1920), as in force in the 2 [Mangalore and Kollegal area], and Bellary District; and
(3) sections 244 to251 (both inclusive) of the Hyderabad District Municipalities Act, 1956(Hyderabad Act XVIII of 1956), as in force in the 2 [Gulbarga area],
areahereby repealed:
Providedthat such repeal shall not affect,-
(a)the previous operation of the said Acts or anything duly done or sufferedthereunder; or
(b)any right, privilege, obligation or liability acquired, accrued or incurredunder the said Acts; or
(c)any penalty, forfeiture or punishment incurred in respect of any offencecommitted 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 anysuch investigation, legal proceedings or remedy may be instituted, continued orenforced and any such penalty, forfeiture or punishment may be imposed, as ifthis Act had not been passed:
Providedfurther that, subject to the preceding proviso, anything done or any actiontaken (including any appointment made, any declaration of intention to make ascheme published, any application made to the State Government for sanction ofthe making of the scheme, any draft scheme published by a local authority, anyapplication made to the State Government for the sanction of the draft scheme,any sanction given by the State Government to the draft scheme, any restrictionimposed upon an owner of land or building against the erection or re-erectionof any building or works, any commencement certificate granted, any order ofsuspension of rule, bye-law, regulation, notification or order made, any finalscheme forwarded to or sanctioned or varied by the State Government and anyrecoveries made or compensation given in respect of any plot under the repealedActs) shall be deemed to have been done or taken under the correspondingprovisions of this Act, and shall continue to be in force accordingly unlessand until they are superseded by anything done or any action taken under thisAct.
Extract of Act 23 of 2004:-
9.Validation of levy and collection of cess and surcharge for certain purpose.-
Notwithstanding anythingcontained in any judgement, decree or order of any Court, tribunal or otherauthority to the contrary, levy, assessment and collection of any cess andsurcharge in respect of any water supply scheme, formation of ring road, slumimprovement, establishment of Mass Rapid Transport System made or purporting tohave been made and any action or thing taken or done (including any notice ororder issued or assessment made and all proceedings held and any levy andcollection of cess and surcharge or amount purported to have been collected byway of cess or surcharges) since 19thOctober 1992 in relation to such levy, assessmentand collection before coming into force of this Act shall be deemed to be validand effective as if such levy assessment and collection or action or thing hasbeen made, taken or done under the principal Act as amended by this Act andaccordingly:-
(a)all acts, proceedings or things done or taken by the Planning Authority or anyof its officer in connection with the levy assessment or collection of such cessor surcharge for all purposes be deemed to be and to have always been done ortaken in accordance with law.
(b) no suit or otherproceedings shall be maintained or continued in any court or tribunal or beforeany authority for the refund of any such cess or surcharge;
(c) no court shall enforce anydecree or order to direct the refund of any such cess and surcharge.
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1. Substituted by Act14 of 1964 w.e.f. 26.03.1964.
2. Adapted by theKarnataka Adaptations of Laws order 1973 w.e.f. 1.11.1973.
KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2004
[Karnataka Act No. 1 of 2007]
(Received the assent of the Governor on the third day of February, 2007)
(First published in the Karnataka Gazette, Extraordinary on the Sixth day of February, 2007)
An Act further to amend the Karnataka Town and County 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).
Be it enacted by the Karnataka State Legislature in the fifty-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 and Certain Other Laws (Amendment) Act, 2004.
(2) It shall come into force on such date as the State Government may, by notification appoint1.
2 to 3 : xxxxx
4. Amendment of Karnataka Act 22 of 1964 : In the Karnataka Municipalities Act (Karnataka Act 22 of 1964), after Section 187, the following shall be inserted, namely.-
"187-A. Regularisation of certain unlawful buildings :
(1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of Section 187 and building bye-laws, the Municipal Commissioner or the Chief Officer, as the case may be, may regularise building constructed prior to the date of commencement of the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004, subject to the following restrictions and such rules as may be prescribed and on payment of the amount specified in sub-Section (2), namely.-
(a) Where the building is built abutting the neighbouring property or where the set back provided is less than the limit prescribed in bye-laws, violation upto twenty-five per cent in case of non-residential buildings and fifty per cent in case of residential buildings shall be regularised;
(b) No development made in the basement or usage in contravention of bye-law shall be regularised;
(c) The construction of a building shall not be regularised if it violates the building line specified on any given road unless the owners of such building furnish an undertaking that the space between the building line and the road or footpath or margin will be given up free of cost at any time when required for the purpose of widening the road in question;
(d) The provisions of sub-sections (2) to (14) of Section 76-FF of the Karnataka Town and Country Planning Act, 1961, shall apply mutatis mutandis for regularisation of building under this Section and the application being made to the Municipal Commissioner or the Chief Officer, as the case may be.
(2) Regularisation of any construction under this Section shall be subject to payment of the prescribed amount which may be different for different types of contravention of building bye-laws:
Provided that the amount so prescribed shall not be less than.-
(i) ten per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twenty-five per cent;
(ii) twenty-five per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twenty-five per cent but does not exceed fifty per cent:
Provided further that where the portion of the building is built in violation of the provisions referred to above is being used or meant for non-residential purpose and amount payable for regularisation of such portion shall be.-
(a) twenty-five per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twelve and a half per cent;
(b) forty per cent of the market value, determined in accordance with the Karnataka Stamp Act, 195 7 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twelve and a half per cent but does not exceed twenty-five per cent.
(3) No person shall be liable to pay fine or fee for regularisation under any other law if he has paid regularisation fee under this Act for the same violations.
(4) All payments made under sub-Section (1) shall be credited to a separate fund kept in the concerned Local/Planning Authority called the Urban Areas Infrastructure Development fund which shall be utilised in such manner, for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage system and for any other infrastructure, as may be prescribed.
187-B. Penalty against jurisdictional officer failing to prevent unauthorised deviations or constructions : The jurisdictional officer who is proved to have failed to prevent unauthorised deviation or construction that have taken place in his jurisdiction shall be liable for such punishment as may be prescribed".
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1. The Government of Karnataka by the Notification No. UDD 68 BemRuPra 2007 dated 07.09.2007 has appointed the enforcement date for the act as 15th September 2007.