Amendment status not verified — confirm the current text below against the official source.
Repeal and savings. * * * * STATEMENT OF OBJECTS AND REASONS I Act 11 of 1963.- With the formation of the New state of Mysore it has become necessary to have a uniform law for the regulation of planned growth of land use and development and for the making and executing of town planning schemes in the State. Physical Planning has to precede economic planning as otherwise cities, towns and villages of our country will grow to unmanageable sizes without proper planning resulting in unhealthy surroundings. Physical planning with co-ordinated effort on a large scale is necessary if the people are to live in a better, healthier and happier environment. The proposed measure is expected to solve the Town Planning problems. (Obtained from Bill No. LAW 43 LGN 60). II Amending Act 14 of 1964.—While communicating the assent of the President to the Mysore Town and Country Planning Bill, 1961, the Government of India have suggested certain amendments to the Act. As regards compensation payable for land acquired for purposes of the Act, the Government of India have stated that it is not correct to take the market value as on first November, 1956, and have suggested that the value may be the market value as on the date of publication of the Town Improvement Scheme, and where the date of actual acquisition proceeding is after two years from such publication the value may be as on the date two years before the date of issue of notification for acquisition of the land, as also the grant of solatium of fifteen percent in view of the compulsory nature of the acquisition. They have also suggested inclusion of the definition of the expressions agriculture, industry, etc., and amendment of section 6. For the purpose of expeditious implementation of the Act in rapidly developing areas, it is necessary to establish separate planning authorities. For this purpose suitable provisions have to be made. It is considered desirable to include in the State Act certain other provisions found in the Model Town and Country Planning Act prepared by the Government of India. It is also considered desirable to deal with planning in respect of the Bangalore Metropolitan Area on the basis of the Outline Development Plan prepared by “the Bangalore Metropolitan Planning Board”. Hence this Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 15th October 1963 as No. 6933 at page. 21.) III Amending Act 2 of 1968.—The amendments to the City of Bangalore Municipal Corporation Act, 1949 made by Act 10 of 1966 provided only for the appointment of an Administrator. It has been found necessary to make certain other provisions in order to improve the administration of the Corporation. As the Legislature was not in session an Ordinance was issued. The Bill is intended to replace the Ordinance. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 2nd December 1967 as No.270 at page 33 ) IV 5 Amending Act 12 of 1976.—At the conference of the Ministers for Housing and Urban Development held in November 1971, it was agreed that a common Authority for the development of metropolitan cities should be set up. Bangalore City with its population (as per last census) is a Metropolitan City. Different Authorities like the City of Bangalore Municipal Corporation, the City Improvement Trust Board, the Karnataka Industrial Area Development Board, the Housing Board and the Bangalore City Planing Authority are exercising jurisdiction over the area. Some of the functions of these bodies like development, planning, etc., are overlapping creating thereby avoidable confusion, besides hampering co-ordinated development. It is, therefore, considered necessary to set up a single authority like the Delhi Development Authority for the city areas adjacent to it which in course of time will become part of the city. For the speedy implementation of the above said objects as also the 20 point programme and for establishing a co-ordinating Central Authority, urgent action was called for. Moreover the haphazard and irregular growth would continue unless checked by the Development Authority and it may not be possible to rectify or correct mistakes in the future. It was therefore necessary to issue the measure in the form of an Ordinance. The Bill seeks to replace the said Ordinance. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 5th February 1976 as No.688 at page.45 ) V Amending Act 39 of 1985.—There is no proper Co-ordination among the local bodies like Bangalore Development Authority, Bangalore Water Supply and Sewerage Board, Karnataka State Road Transport Corporation, Karnataka Electricity Board, Karnataka Slum Clearance Board, Bangalore City Corporation, etc., in the Bangalore Metropolitan Area. It is necessary to Co-ordinate the activities of these bodies by constituting an authority. There is also an urgent need to step up the Authority in view of the growing problems of un-planned Development, Housing, Water Supply, Transport, etc., Hence the Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 3rd December 1985 as No.610 at page.19 ) VI Amending Act 34 of 1987.— With a view to speeding up planning and development of land in urban areas in the State, it is felt desirable to have for each urban area a single agency for performing functions both as a Planning Authority and as Development Authority. Hence, the Bill. (Obtained from L.A. Bill Bo. 13 of 1987.) VII Amending Act 2 of 1991.—The Government has decided to regularise the unauthorised occupation of Government land subject to certain conditions and restrictions and on payment of regularisation charges. Section 94 of the Karnataka Land Revenue Act, 1954 is intended to be amended and Section 94-A is proposed to be introduced to provide for the following:— (1) making unauthorised occupation of Government land punishable; (2) regularisation of unauthorised occupation of Government land prior to 1-1-1989; (3) the maximum extent of unauthorised holding proposed to be regularised to be 2 hectares of ‘D’ class land or equivalent thereto; (4) where such land lies within the limits of a City or a City Municipality, the extent to be regularised shall be such as may be prescribed subject to the maximum extent of 2 hectares; (5) the regularisation charges shall be 500 times the assessment of the land; (6) the Schedule Castes and Schedule Tribes shall pay only 1/20 of the amount; and (7) plantation lands, garden lands and forest lands shall be excluded from regularisation. Section 95 is also proposed to be amended to ensure that the permission of the Deputy Commissioner shall be obtained for use of agricultural land for non-agricultural purposes notwithstanding anything contained in any law for the time being in force. This amendment is proposed to resolve the ambiguity which has arisen on account of certain judicial pronouncements. A few incidental and consequential amendments are also made. 6 Hence the Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 20th November 1990 as No.607 at page.1 ) VIII Amending Act 17 of 1991.—Under the existing provisions of the Karnataka Town and Country Planning Act 1961, the functions of the Member Secretary of the Planning Authority are not specifically mentioned. It is proposed to define such functions clearly. The Member Secretary, is among other things authorised to refer to the State Government resolutions passed by the Planning Authority which contravene the provision of the Act or any other law or rule etc., or any resolution which is prejudicial to the interest of the Planning Authority.