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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

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;-

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.

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.

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.

The Kerala Parks, Playfields and Open Spaces (Preservation and Regulation) Act, 1968[1] Complete Act

State: Kerala

Year: 1968

.....(2) The return referred to in sub-section (1) shall also contain a list of the parks or play-fields in respect of which action was taken under sub-section (2) of section 9 together with particulars as regards the nature of the action taken in respect of them and the steps taken in regard to their proper maintenance. 11. Removal of unauthorised persons ." If any person enters and remains in any park, play-field or open space belonging to or vested n the Government or a local authority in contravention of any rules prescribed in this behalf by the local authority, he may, without prejudice to any other proceedings that may be taken against him, be removed from such park, play-field or open space by any police officer or any other person acting on behalf of the local authority or the executive authority. 12. Penalties ." Whoever throws any rubbish into any park, play-field or open space specified in the list published under section 4 or gets over the railings or fence of any such park, play-field or open space or steals or damages the fruits, plants, grass or any other thing whatsoever therein or commits any nuisance therein shall be punishable with imprisonment for a term which.....

Damodar Valley Corporation Act,1948 Section 23

Title: Power to Close Roads and Open Spaces

State: Central

Year: 1948

.....of access, or (b) whose immovable property was receiving air and light on account of such open space or part, and who has suffered damage-- (i) in any case falling under clause (a) from such discontinuance or closure and (ii) in any case falling under clause (b) from the use to which the Corporation has put such open space or part. (3) In determining the compensation payable to any person under sub-section (2), the Corporation may take into consideration any benefit accruing to such person from the construction, provision or improvement of any other road, or open space at or about the same time that the road or open space or part thereof, on account of which the compensation is to be paid, is discontinued or closed. (4) When any road or open space or any part thereof is permanently closed under sub-section (1), the Corporation may sell or leave such part of it as is not required for its purposes.

Karnataka Municipalities Act, 1964 Section 216

Title: Obstructions and Encroachments Upon Public Streets and Open Spaces

State: Karnataka

Year: 1964

.....prevent the municipal council from allowing any temporary occupation of, or erection in, any public street on occasions of festivals and ceremonies, or the piling of fuel in by-streets and spaces for not more than four days, and in such manner as not to inconvenience the public or any individual, or from allowing the occupation of, or temporary erection of structure on, any such streets or spaces for any other purposes in accordance with bye-laws made under this Act. (5) Nothing contained in this section shall apply to any projection duly authorised under sub-section (1) of section 208 or in any case where permission has been given under sub-section (4) of this section. _______________________________ 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

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.

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.