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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Section 9

Title: Obligation of Owner of Parks and Play-fields

State: Karnataka

Year: 1985

.....to,- (i) maintain such park or play-field in a clean and proper condition ; or (ii) remove or alter the projection, encroachment or obstruction; or (iii) execute such repairs as it may consider necessary and the cost of such maintenance, removal, alteration or repairs shall be recoverable from the owner or the person or authority in occupation in such manner as may be prescribed. (3) Any dispute as to the amount of cost shall be decided by the Government and its decision shall be final. (4) The executive authority, may, instead of or in addition to taking action as indicated in sub-section (2), proceed to acquire the land under the Land Acquisition Act, 1894 for the purpose of effective management of the land as a park or play-field.

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Complete Act

Title: Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985

State: Karnataka

Year: 1985

Preamble 1 - KARNATAKA PARKS, PLAY-FIELDS AND OPEN SPACES (PRESERVATION AND REGULATION) ACT, 1985 Section 1 - Short title, extent and commencement Section 2 - Definitions Section 3 - Preparation and submission of list of parks, play-fields and open spaces by executive authorities Section 4 - Approval of list by Government Section 5 - Inclusion of new lands Section 6 - Prohibition of the use of parks, play-fields and open spaces in certain cases Section 7 - Maintenance of parks, play-fields and open spaces Section 8 - Prohibition of construction of buildings etc Section 9 - Obligation of owner of parks and play-fields Section 10 - Submission of annual returns Section 11 - Penalties Section 12 - Offences by companies Section 13 - Control Section 14 - Power to make rules Section 15 - Repeal and Savings

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Preamble 1

Title: Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985

State: Karnataka

Year: 1985

THE KARNATAKA PARKS, PLAY-FIELDS AND OPEN SPACES (PRESERVATION AND REGULATION) ACT, 1985 [ACT NO. 16 OF 1985] [27th May, 1985] PREAMBLE An Act, to provide for the preservation and regulation of Parks, Play-fields and Open Spaces in the State of Karnataka. WHEREAS it is expedient to provide for preservation and regulation of Parks, Play-fields and Open Spaces in the State of Karnataka; BE it enacted by the Karnataka State Legislature in the Thirty-Sixth year of the Republic of India as follows;-

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Section 3

Title: Preparation and Submission of List of Parks, Play-fields and Open Spaces by Executive Authorities

State: Karnataka

Year: 1985

(1) The executive authority of every local authority shall, not later than six months from the date on which this Act comes into the force in the area within the jurisdiction of the local authority concerned, prepare, and submit for the approval of the Government a correct and complete list with plans and maps with dimensions of all the parks, play-fields and open spaces in the area aforesaid containing such other particulars as may be prescribed. (2) The Government shall, as soon as may be, after the receipt of the list and other documents referred to in sub-section (1), publish the list together with a notice of the date (not being less than three months from the date of publication) before which representation in connection therewith may be submitted in the prescribed manner and such publication shall state at what place and time the plans, maps and documents aforesaid will be available to the public for inspection: Provided that if any private land is included in any park, play-field or open space specified in the list, a copy of the list with the concerned plans and maps shall cause to be served on the owner of that private land.

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Section 6

Title: Prohibition of the Use of Parks, Play-fields and Open Spaces in Certain Cases

State: Karnataka

Year: 1985

No park, play-field or open space specified in the list published under section 4 or section 5 shall be used for any purpose other than the purpose or purposes for which it was used on the date of commencement of this Act in such area.

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Section 7

Title: Maintenance of Parks, Play-fields and Open Spaces

State: Karnataka

Year: 1985

The local authority concerned shall maintain in a clean and proper condition all parks, play-fields and open spaces belonging to or vested in it and included in the list published under section 4 or section 5.

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Section 8

Title: Prohibition of Construction of Buildings Etc

State: Karnataka

Year: 1985

(1) No person shall construct any building or put up any structure likely to affect the utility of the park, play-field or open space or make any encroachment in or over any park, play-field or open space specified in the list published under section 4 or section 5 : Provided that the executive authority may, subject to such rules as may be prescribed, permit the construction of such buildings or putting up of such structures as may be necessary for the improvement or more beneficial utilisation of the park, play-field or open space. (2) No land or building within a park, play-field or open space specified in the list published under section 4 or section 5 shall be alienated by way of sale, lease, gift, exchange, mortgage or otherwise and no licence for the use of any such land or buildings for any other purposes shall be granted and any alienation made or licence granted in contravention of this section shall be null and void.

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Section 2

Title: Definitions

State: Karnataka

Year: 1985

In this Act, unless the context otherwise requires,- (a) "Chief Controlling Authority" means in the case of the Cities of Bangalore, Belgaum, Gulbarga, Hubli-Dharwar, Mangalore and Mysore, the Government, and in other cases the Commissioner ; (b) "Commissioner" means the Divisional Commissioner of the revenue division ; (c) "executive authority" means the Chief Executive Authority of the local authority concerned who is vested with general executive powers under any law for the time being in force providing for the constitution of such local authority ; (d) "Government" means the State Government ; (e) "local authority" means a municipal corporation a municipal council, the Bangalore Development Authority, an improvement board, a sanitary board or a notified area committee or a town board constituted or continued under any law for the time being in force and such other authority as may be specified by the Government, by notification, as a local authority; (f) "open space" means any land on which there are no buildings or of which not more than one twentieth part is covered with buildings and the whole or the remainder of which is used or meant for the purposes of.....

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Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985 Section 14

Title: Power to Make Rules

State: Karnataka

Year: 1985

.....to construct buildings under section 8 ; (d) the time within which the annual return under section 10 shall be submitted to the Government ; (e) all matters expressly required or allowed by this Act to be prescribed. (3) All rules made, all notification issued and all lists of parks, play-fields and open spaces published under this Act shall, as soon as may be, after they are made or published be laid 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 such rule, notification or list, or both Houses agree that such rule, notification or list should not be made or published, such rule notification or list 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 done under that rule, or notification or list.

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Public Gambling Act 1867 Section 9

Title: Proof of Playing for Stakes Unnecessary

State: Central

Year: 1867

It shall not be necessary, in order to convict any person of keeping a common gaming-house, or of being concerned in the management of any common gaming-house, to prove that any person found playing at any game was playing for any money, wager or stake.

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