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As the Karnataka Legislative Council was not in session and as the matter was very urgent, the Bangalore Development Authority (Amendment) Ordinance, 1986 (Karnataka Ordinance 6 of 1986) was promulgated. This Bill seeks to replace the said Ordinance. Hence this Bill. (Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 626 dated 19.8.1986 at page 6.) VIII Amending Act 11 of 1988.- With a view to make the definition of 'civic amenity' more comprehensive and to provide for allotment of Civic Amenity sites not only to Government and Local bodies, but also to private organisations doing yeoman service to the public, amendment to clause (b) of section 2 is proposed. Having regard to the nature of his duties the Secretary, Bangalore Development Authority, who is now an almost permanent invitee to the meeting of the Bangalore Development Authority, is proposed to be given statutory status and to be made ex- officio member. So it is proposed to amend section 3 and to insert a new section 12- A. Hence the Bill. (Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 71 dated 5.2.1988 at page 4.) IX Amending Act 18 of 1991.- The Bangalore Development Authority Act, 1976 was amended with effect from the twenty first day of April, 1984 and clause (bb) was inserted in section 2, defining the civic amenities. Section 38A was also inserted by the same amendment prohibiting the use of area reserved for Parks, Playgrounds and civic amenities for other purposes. But even after the aforesaid amendment, the Bangalore Development Authority allotted civic amenity sites for purposes other than those enumerated in clause (bb) of section 2, like mosques, churches, temples, private schools etc. The allotment of civic amenity sites for purposes other than those enumerated in clause (bb) were questioned in the High Court and the same was quashed on the ground that the Authority could not allot for such purposes. Representations were made to the Government and accordingly the Bangalore Development Authority Act was amended on seventh day of May, 1984 substituting clause (bb) with effect from the twenty first day of April, 1984 enlarging the definition of civic amenities, But the allotments made during the period from twenty first day of April, 1984 and the seventh day of May, 1988, for purposes other Bangalore Development Authority [1976: KAR. ACT 12 108 than those specified in clause (bb) as existed earlier were not saved by the 1988 amendments. It is considered necessary to validate such allotments, if site is used for the purpose for which it is allotted. As the matter was urgent, the Bangalore Development Authority (Amendment ) Ordinance 1991 was promulgated. This Bill seeks to replace the said Ordinance. Hence this Bill. (Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 121 dated 20.3.1991 at page 127.) X Amending Act 6 of 1993.- The Bangalore Development Authority has been levying tax on land and building and also certain cesses on such tax on the strength of the power conferred on it under section 29 of the Bangalore Development Authority Act, 1976. The High Court in W.P. No. 4394 of 1988 and other connected matters has held that the Authority is not discharging municipal functions like maintaining public streets, supply of drinking water etc. It has further held that there is no specific provision to levy tax and fees. Accordingly the Writ Petition was allowed and the Authority was directed to refund the tax. This decision was confirmed in Writ Appeal No. 223 to 239 of 1992, with the result the Authority had to refund the tax levied and collected already unless suitable amendments are made in the Act. The Bangalore Development Authority is in fact maintaining the streets and providing certain civic amenities within its jurisdiction. In the circumstances it was considered necessary to amend the Bangalore Development Authority Act, 1976. (i) to specifically impose a duty on the Authority to maintain, keep in repair, light and cleanse street: (ii) to empower the Authority to levy tax on land and buildings ; (iii) to declare the Authority as a local authority for the purpose to levy and collection of certain cesses ; (iv) to validate the levy and collection of tax on land and building and cesses on such tax. Since, the matter was urgent and both the Houses were not in session the above amendments were carried out by promulgation of the Bangalore Development Authority (Amendment) Ordinance, 1992. This Bill seeks to replace the said ordinance. (Obtained from L.A. Bill No 3 of 1993.) 1976: KAR. ACT 12] Bangalore Development Authority 109 XI Amending Act 17 of 1994.- Some of the bulk allotments made by the Authority in favour of the State and Central Government Organisations, House Building Co- operative Societies etc., have been quashed by the High Court of Karnataka in various Writ Petitions because there is no provision in the Act for making bulk allotment. Therefore, it was considered necessary to amend the Bangalore Development Authority Act,- (i) to take power to make bulk allotment; (ii) to validate bulk allotment made earlier. Opportunities are also taken to make certain consequential amendments. Hence this Bill. (Obtained from a L.A. Bill No 36 of 1993.) XII Amending Act 26 of 1995.- The Bangalore Development Authority Act, 1976, provides for appointment of an engineer who shall be an officer of the Karnataka Engineering Service not below the rank of a Chief Engineer to the Bangalore Development Authority. It is considered necessary to provide either for appointment of an engineer as above, or appointment of an engineer who is an officer employed in any undertaking owned or controlled by the State Government. Hence the Bill. (Obtained from L.A. Bill No 20 of 1995 ) XIII Amending Act 1 of 2000.- It is considered necessary to amend the Bangalore Development Authority Act, 1976, to provide for allotment of lands vested in Bangalore Development Authority or acquired by it, to the original owner or any other person who is in occupation of the land or has putup structure on the land which is in his occupation on the date of commencement of the Amendment subject to the condition of his paying the amount fixed by the Authority in cases where the Authority after carrying out a survey is of the opinion that the land so occupied cannot be used by it on account of existing structure or building thereon or it is not practicable to include such land for the purpose of development scheme or formation of site. Hence the Bill. Bangalore Development Authority [1976: KAR. ACT 12 110 (Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 302 dated 31.3.1999 at page 4.) XIV Amending Act 22 of 2000.- Note.- By this Act certain obsolete enactments were repealed, while doing so some minor consequential amendments were made to some Acts including Act 12 of 1976. (Obtained from L.A. Bill No 17 of 2000.) XV Amending Act 19 of 2002.- The Bangalore Development Authority was levying and collecting property Tax on lands and buildings on the strength of a notification issued under section 29 of the Bangalore Development Authority Act, 1976. Levy and collection of tax by the Bangalore Development Authority was challenged before the High Court in Writ Petition No:4394-4410/1988. The Single Judge of the Court held that,- (a) the Bangalore Development Authority has no power to levy and collect property tax as the Bangalore Development Authority Act has not authorised the Bangalore Development Authority to levy and collect such Tax; (b) the property tax is service related and as the Bangalore Development Authority has not rendered any service to the property owners it is not legally permissible to levy such Tax, and (c) the tax collected has to be refunded. The said order was confirmed in Appeal in Writ Appeal No.223- 39/1992 by a Division Bench of the High Court. In order to remedy the defect and to validate the levy Amendment Act was enacted in 1993 introducing new sections 28A, 28B and 28C along with a validating provision. The said Amendment Act was challenged before the High Court in Writ Petition No.5173/1993 on the ground that it suffered from the vice of excessive delegation and is arbitrary and violative of Article 14 of the constitution. The High Court by its order dated 4.4.97 negatived all those contentions. Against that order a Special Leave Petition was filed before the Supreme Court, in Civil Appeal No.7791-1997 by Shri B.Krishna Bhat. 1976: KAR. ACT 12] Bangalore Development Authority 111 The Supreme Court has upheld the validity of Section-28A to 28C of the Bangalore Development Authority Act, 1976, which were incorporated by 1993 Amendment Act. But it has set-aside Section 7 of the Amendment Act which provided for validation of collection of property tax made by the Bangalore Development Authority prior to the date of amendment on the ground that validation of such collection is impermissible. Further, it has also held that the tax already collected is liable to be refunded. The decision of the Supreme Court is based on the finding of the High Court of Karnataka that the Bangalore Development Authority is not authorised to levy property Tax since, it is not performing municipal functions. However, the Bangalore Development Authority has been providing most of the Civic Amenities provided by the local authority in the layouts formed by it. In practice, Bangalore Development Authority was discharging municipal functions in respect of its layouts till they were handed over to either Bangalore Mahanagara Palike or the concerned City Municipal Councils. In the circumstances, apprehensions are that there will be innumerable requests for refund of tax in accordance with the Supreme Court Judgement, which would be impossible for the Bangalore Development Authority to concede to such requests. In order to overcome such a situation, it is considered necessary to amend the Bangalore Development Authority Act, 1976 and the City of Bangalore Improvement Act, 1945 to validate the collection of tax keeping in view the observations of the Apex Court. Hence the Bill. (L.A. Bill No. 3 of 2002) XVI Amending Act 19 of 2005.- It is considered necessary to amend section 10 of the Bangalore Development Authority Act, 1976 to empower the Commissioner, Bangalore Development Authority, to sanction estimates upto rupees fifty lakhs and to empower Bangalore Development Authority, where the amount exceeds rupees fifty lakhs but does not exceed such amount as may be specified by the State Government by notification. Hence the Bill. (LA Bill No. 7 of 2005) * * * * Bangalore Development Authority [1976: KAR. ACT 12 112 KARNATAKA ACT NO. 12 OF 1976. (First published in the Karnataka Gazette Extraordinary on the Eighth day of March 1976) THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976. (Received the assent of the Governor on the Second day of March 1976) (As Amended by Acts 8 of 1977, 18 of 1981, 37 of 1982, 17 of 1984, 34 of 1984, 34 of 1986, 11 of 1988, 18 of 1991, 6 of 1993, 17 of 1994, 26 of 1995, 1 of 2000, 22 of 2000, 19 of 2002 and 19 of 2005) An Act to provide for the establishment of a Development Authority for the development of the City of Bangalore and areas adjacent thereto and for matters connected therewith. WHEREAS it is expedient to provide for the establishment of a Development Authority for the development of the City of Bangalore and areas adjacent thereto and for matters connected therewith ; BE it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows:- CHAPTER I PRELIMINARY