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Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 Complete Act

Title: Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991

State: Karnataka

Year: 1991

Preamble 1 - KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTIONS IN URBAN AREAS ACT, 1991 Section 1 - Short title and commencement Section 2 - Definitions Section 3 - Regularisation Section 4 - Unauthorised constructions which shall not be regularised Section 5 - Conditions for regularisation Section 6 - Competent Authority Section 7 - Payment of amount and grant of land Section 8 - Unauthorised constructions not regularised to be demolished Section 8A - Revision by the Divisional Commissioner Section 9 - Power to make rules Section 10 - Removal of difficulties

Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 Preamble 1

Title: Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991

State: Karnataka

Year: 1991

Preamble 1 - KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTIONS IN URBAN AREAS ACT, 1991 THE KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTIONS IN URBAN AREAS ACT, 19911 [ACT, NO. 29 OF 1991] [4th November, 1991] PREAMBLE An Act to provide for regularisation of certain unauthorised constructions in urban areas. WHEREAS it is expedient to provide for regularisation of certain unauthorised constructions in urban areas; BE it enacted by the Karnataka State Legislature in the Forty-second Year of the Republic of India, as follows:- _____________________________ 1. First published in the Karnataka Gazette Extraordinary on the Eighth day of November, 1991

Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 Section 5

Title: Conditions for Regularisation

State: Karnataka

Year: 1991

(1) No unauthorised construction shall be regularised if the person who has applied for regularisation or any member of his family owns any building or site within the urban area in which the unauthorised construction sought to be regularised is situated. (2) No person shall be eligible to seek regularisation of more than one unauthorised construction either in his name or in the name of any member of his family.

Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 Section 3

Title: Regularisation

State: Karnataka

Year: 1991

Section 3 - Regularisation Notwithstanding anything contained in any law, but subject to such rules as may be prescribed, any unauthorised construction made in any urban area, except those specified in section 4, made prior to the1[first day of January 1995] by any person on land,- (i) belonging to the State Government or; (ii) which is a revenue site owned by him; or (iii) belonging to him which is proposed to be acquired in connection with any development scheme of any Authority, in relation to which a notification under the Bangalore Development Authority Act, 1976, or under section 17 of the Karnataka Urban Development Authorities Act, 1987, or under section 15 of the Karnataka Improvement Boards Act, 1976 is published and which has not yet vested in favour of any Authority for which the acquisitio n is proposed, -may, on the application of such person made1[before the thirty first day of December 1995] be regularised in accordance with the provisions of this Act. _______________________________ 1. Substituted by Act 27 of 1995 w.e.f. 3.6.1995

Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 Section 4

Title: Unauthorised Constructions Which Shall Not Be Regularised

State: Karnataka

Year: 1991

.....any person on the land belonging to another person over which former has no title; 2[(vi) xxx] (vii) unauthorised constructions made in violation of Urban (Land Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976); 3[(viia) unauthorised constructions on land belonging to the State Government and appurtenant to any building belonging to the State Government; 4[(viib) unauthorised constructions on land belonging to the Central Government] (viic) unauthorised constructions on land appurtenant to any building owned by the Central Government or by an company owned or controlled by the State Government or Central Government] (viii) unauthorised constructions made on the land belonging to or vested in any Authority or a local authority; and (ix) unauthorised constructions on any land reserved for parks, play grounds, open places or for providing any civic amenities. ________________________________ 1. Inserted by Act 27 of 1995 w.e.f. 3.6.1995 2. Omitted by Act 27 of 1995 w.e.f. 1.8.1992 3. Sub-section (viia to viic) inserted by Act 9 of 1994 w.e.f. 1.8.1992 4. Substituted by Act 27 of 1995 w.e.f. 1.8.1992

Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 Section 8

Title: Unauthorised Constructions Not Regularised to Be Demolished

State: Karnataka

Year: 1991

Section 8 - Unauthorised constructions not regularised to be demolished All unauthorised constructions which are not regularised under this Act shall be liable for demolition and 1 [the supply of water or electricity shall be liable to be disconnected without notice and] the persons who have made such constructions shall be liable to be evicted summarily in accordance with the relevant law. _______________________________ 1. Substituted by Act 9 of 1994 w.e.f. 1.8.1992

The Chhattisgarh Regularisation of Unauthorised Development Act, 2002 Complete Act

State: Chattisgarh

Year: 2002

.....damage caused or likely to be caused by any thing which has been done or any action taken in good faith or intended to be done in pursuance of this Act or rules made thereunder. Section 13 - Powers of Government to make rules The Government may make rules for the purposes of effectively carrying out the provisions of this Act. Such rules may provide for all or any of the following matters, namely :- (i) procedure to be followed in regularisation of unauthorized development; (ii) norms for imposition of regularisation penalty; (iii) procedure for collection and utilisation of penalty for regularisation; (iv) procedure for exercise of powers conferred to the Authority under Section 6 of this Act. Section 14 - Savings Notwithstanding any thing contained in Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956), Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961) or Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1993) any local government, as the case may be, in relation to the unauthorized development under the provisions of this Act, from the date of commencement of this Act,.....

The Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 Complete Act

State: Maharashtra

Year: 2001

.....of on effect, as the case may be; so however, .that any such modification or annulment shall e without prejudice to the validity of anything previously done or omitted to be done under that rule. SECTION 24: POWER OF REGULATIONS The Planning Authority may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made there under, to carry out the purposes of this Act. SECTION 25: POWER TO REMOVE DIFFICULTY If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, given such sections, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purposes of removing the difficulty Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. Maharashtra State Acts

Karnataka Municipalities Act, 1964 Section 187A

Title: Regularisation of Certain Unlawful Buildings

State: Karnataka

Year: 1964

.....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,.....

Bangalore City Planning Area Zonal Regulation Amendment and Validation Act, 1996 (2 of 1996) Section 3

Title: Regularisation of Certain Constructions

State: Karnataka

Year: 1996

.....satisfied that the deviation referred to in sub-section (1) does not constitute material deviation from the said Zonal Regulations as modified by this Act or the permission granted by the Corporation of the City of Bangalore it may make recommendations to the Government for regularisation subject to payment of such amount as may be determined by it having regard to,- (i) the situation of the building; (ii) the nature and extent of deviation; (iii) any other relevant factors: Provided that the amount so determined shall not be less than an amount equivalent to one and half times the then market value of such construction. (4) The State Government may, on receipt of the recommendation of the committee and after payment of the amount by the applicant towards regularisation of such constructions, order for regularisation of the construction.