KARNATAKA PLANNING AUTHORITY RULES, 1965

1 · THE

7 · Removal of members other than members appointed by Government. -The State Government either suo motu or on a resolution passed by the Planning Authority by a majority of not less than two-thirds of the members of the Planning Authority recommending the removal of a member of the planning Authority, may, after such enquiry as it deems necessary, and after giving the person concerned a reasonable opportunity to represent his case, remove such member if he has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member.

8 · Resignation.-(1) The Chairman of the Planning Authority may resign his office by writing under his hand addressed to the State Government. Such resignation shall take effect from the date of its acceptance by the State Government.

9 · Casual vacancies. -Where a vacancy occurs by reason of resignation, disqualification, death, removal or otherwise, in the office of a member of a Planning Authority previous to the expiry of his term of office, the vacancy shall be filled, as soon as may be, after the occurrence of such vacancy by appointment or nomination, as the case may be:

1 · [9-A. Travelling and Daily Allowances.-The Karnataka Travelling Allowance Rules, 1957 regulating the payment of travelling allowance to non-official members of councils, committees, conferences and other bodies constituted under the authority of the Government shall be applicable for payment of travelling and daily allowance to the non-official members of the Planning Authority and special invites to associate with the Planning Authority and for the purposes of the said rules the Planning Authority shall by deemed to all under list „A‟ referred to in Rule 8 of the said rules.

9 · B. Association of Persons with Planning Authority . -(1) Planning Authority may associate with itself under sub-section (1) of Section 4 -F any person residing within the local planning area by inviting him to attend in person the meetings of the Planning Authority for tendering his advice for the purposes specified in sub-rule (2). If the Planning Authority desires to associate with itself a person is required for more than three meetings the said authority shall after passing a resolution with two -thirds majority to that effect obtain prior permission of the Government.

10 · Meetings of Planning Authority.(1) The Planning Authority shall ordinarily hold at least one meeting in a month for the transaction of business and also at other times as often as a meeting may be convened by the Chairman.

11 · Notice of meetings and business.- Ten clear days‟ notice of an ordinary meeting, and three clear days‟ notice or such shorter period as is reasonable, of a special meeting specifying the time and place at which such meeting is to be held and the business to be transacted thereat, shall be given to the members, and posted up at the office of the Planning Authority .

12 · Place of holding meetings and maintenance of order thereat. -(1) Every meeting of the Planning Authority shall except for reasons to be specified in the notice convening the meeting, be held in the office of the Planning Authority .

13 · Quorum.- No business shall be transacted at any meeting unless one-third of the members are present from the beginning to the end of such meeting. If at any meeting quorum is not present, the presiding authority shall, after waiting for thirty minutes adjourn the meeting to such hour on the following day or some other future date as he may reasonably fix and a notice of such adjournment shall be affixed on the notice board of the office of the Planning Authority, and the business which should have been brought before the original meeting had here been a quorum thereat shall be brought before the adjourned meeting and may be disposed of at such meeting.

14 · Method of deciding questions.(1) At any meeting unless voting is demanded by at least two-thirds of the members, a declaration by the Chairman, the Vice-chairman or any member presiding over such meeting that a resolution had been carried or lost and an entry to that effect in the minutes of the proceedings shall for the purpose of these rules, be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of, or against such resolution.

15 · Business to be transacted at meetings and order of business how to be settled. -Save as provided in the proviso to sub-rule (2) of Rule 20, no business shall be transacted and no proposition shall be discussed at any meeting unless it has been mentioned in the notice convening such meeting.

16 · Members not to vote on matters in which they are interested. -(1) No member of the Planning Authority shall vote or take part in the discussions on any question coming up for consideration at the meeting of the Planning Authority if the question is one in which, apart from its general application to the public, he has any direct or indirect pecuniary interest for himself or his relatives.

17 · Adjournment of meetings.- An ordinary meeting may, with the consent of a majority of the members present, be adjourned from time to time to a later hour on the same day or to any other day; but no business shall be transacted at any adjourned meeting other than that left undisposed o f at the meeting from which the adjournment takes place. A

24 · Production of documents and attendance of persons concerned, etc.- (1) The auditor may.-

27 · Procedure to be adopted after report of the Auditor under Rule

26 · -(1) On receipt of a report under Rule 26, the Town Planning Officer (Secretary) shall remedy any defects or irregularities which may have been pointed out in the report, and shall, within two months of the receipt of the report place the report, together with a statement of action taken or proposed to be taken thereon and an explanation in regard there to before a meeting of the Planning Authority. He shall also, within three months of the receipt of the report, send to the Controller, Sate Accounts Department, intimation of his having remedied the defect or irregularities, if any, pointed out in the report, or shall, within the said period, supply the Controller, State Accounts Department, any further explanation in regard to such defects or irregularities as the Planning Authority may wish to give.

28 · Government to surcharge or charge illegal payments or loss caused by gross negligence or misconduct.(1) The Government may, after considering the recommendation of the Controller, State Accounts Department, and after taking the explanation of the person concerned, or making such further enquiry, as Government may consider necessary disallow any item which appears to Government to be contrary to law and surcharge the same on the person making, or authorizing the making of the illegal expenditure; and may charge against any person responsible there for the amount of any deficiency or loss caused by the negligence or misconduct of that person, or any sum received which ought to have been but is not brought into account by that person shall, in every such case, certify the amount due from such person.

29 · Administration Report.- The Annual Administration Report of the Planning Authority along with the Balance Sheet in Form V shall be sent to the State Government on or before the 30th June of the year succeeding the year in respect of which the report is made.

31 · Manner of enquiry under Section 7(2).On receipt of an application under sub-section (2) of Section 7, from any owner of land included in the map prepared, the Officer authorised under sub-section (2) of Section 7 shall consider such evidence as the applicant may adduce and inspect the area after giving due notice of the date and time of such inspection to the applicant. A note of the inspection shall be prepared by the Officer and kept on record. The Officer shall after giving the applicant a reasonable opportunity to be heard, make an order, with reasons there for, regarding the present use of the land in question. He shall direct any entry found to be incorrect to be corrected, and subject to any order in any appeal under sub -section (3) of Section 7, the Planning Authority shall make the corrections as directed.

32 · Publication of Outline Development Plan under sub-section (1) or sub -section (2) of Section 9.- (1) An outline Development Plan shall be published under sub-section (1) of Section 9 making a copy thereof available for inspection and displaying a notice in Form II.-

1 · [32-A. Every Planning Authority, as soon as it is constituted should declare its intention to prepare an outline Development Plan as required under sub -section (1) of Section (10) of the Act in Form VI (appended) and give wide publicity by affixing the copy of the said declaration on the Notice Board of the Office of the Planning Authority and in conspicuous places within the local planning area and also by publication in the Official Gazette.]

33 · Publication of Outline Development Plan and Regulations under Section 13(4).-The outline Development Plan and the Regulations as approved by the State Government under sub-section (3) of section 13 shall be published in the Official Gazette.

33 · and S. 13(4) – Publication of notice would be sufficient compliance with Section 13(4) and Rule 33 Outline Development Plan and Regulation need not be bodily incorporated – Defect, any, curable by Section 76-]

34 · Notices to be given under 1 [Sections, 11, 20 or 27] . -At least fortyeight hours‟ previous notice 2[in Form VII shall be given under sections 11, 20 or 27] to the owner, occupier of or other person interested in the land unless such owner, occupier or person interested has given his consent to such entry.

35 · Form of commencement certificate granted under Section 15(1).The commencement certificate granted by a Planning Authority under sub-section (1) of Section 15 shall be in Form III.

36 · Particulars regarding layout plan and period for sanction of plan under Section 17. -(1) Every person submitting a plan for sub-division of plot or a layout of a private street to the Planning Authority for sanction under Section 17 shall submit such plan in triplicate which shall not be les in size than the one to be prepared on a scale of 1:600 (1 inch-50 inches) and shall include therein such of the following particulars, as may be relevant to the layout, namely.-

1 · Substituted for the word and figures "Section 11" by GSR 356, dated 21-10-1976.

2 · Substituted for the word and figures "shall be given under Section 11" by GSR 356, dated 21 -10 -1976.

1 · [(2-A) The Planning Authority may levy a fee specified in column(2) of Table below for the purposes specified in column (1) thereof.-

2 · [TABLE

6 · [37-A.Fees to be levied in certain cases of permission for change in the use or development of land or building.7 [(1) For the purpose of subsection (1) of Section 18 the fee leviable by the Planning Authority shall be.-

1 · [TABLE

1 · Sub -rule (2) Substituted Notification No. UDD 98 MyAapra 2012, dated 21-101976. W.e.f. 7 -6 -2012.

1 · [37-B. Fees levied in case of permission for change in land use in case of infrastructure project . -Notwithstanding anything contained in Rule 37-A, the fee leviable under sub -section (1) of Section 18 by the Planning Authority for permission for a change in the use of land in the case of any infrastructure project notified by the State Government, shall be rupees ten thousand per acre.]

38 · Qualifications of Director.A person to be appointed as the Director of Town Planning for the State , under sub -section (1) of Section 3, shall be a qualified town planner with a minimum qualification of a post-graduate degree or equivalent qualification in Town Planning.

39 · Qualifications of Town Planning Officer.A person to be appointed as the Town Planning officer under section 37 shall have a minimum qualification of a Bachelor‟s Degree in Town Planning or architecture, or civil engineering or postgraduate Diploma in Town Planning, with practical experience in the field of Town Planning for a period of not less than three years.

2 · [CHAPTER VII Miscellaneous

40 · Appointment of Officers and Employees.(1) No post the maximum of the scale of pay of which exceeds Rupees 350 shall be created without the previous sanction of the Government and appointments to such posts shall be made in consultation with the Karnataka Public Service Commissioner:

1 · Rule 37 -B Inserted by Notification No. UDD 184 Bemrupra 04, dated 31-3-2004 . W.e.f. 6 -4 -2004.

2 · Chapter VII and Rule 40 inserted by GSR 356, dated 21-10-1976.

41 · Manner of preparing the Comprehensive Development Plan under Section 19(1).(1) For the purpose of preparing a Comprehensive Development Plan under sub -section (1) of Section 19, the Planning Authority shall conduct necessary survey‟s prescribed in Rule 42 below and synthesis the data so collected to the proposals in the plan and work out proposals for various uses to accommodate the future population expected within the time target of 15 to 20 years. He Comprehensive Development Plan shall indicate the manner in which the development and improvement of the entire planning are to be carried out with specific proposal for items specified in clauses (a) to (g) of sub-section (1) of Section 21.

2 · Particulars about:

3 · Explanation regarding the problems and justification of the proposals made.

41 · and 42.

1 · [46. Publication of declaration of intension to make a scheme under Section 29 . -(1) The Planning Authority shall publish in the Official Gazette, a declaration of its intention to make a scheme under Section 29 in Form IX and shall also publish the same by means of an advertisement in one more newspapers published in the regional language and circulating in the jurisdiction of the Planning Authority .

1 · Rules 46 to 66 inserted by GSR 3, dated 29-12-1980

47 · Publication of draft scheme under Section 30. -(1) A Planning Authority making a draft scheme under Section 30 shall cause the same to be published in the Official Gazette and by means of an advertisement in one or more newspapers published in the regional language and circulating in the jurisdiction of the Planning Authority.

48 · Publication of Notification under Section 31. -The notification under Section 31, directing a Planning Authority to make and publish a draft scheme in respect if any land in regard to which Town Planning Scheme may be made shall be published in the official Gazette and copies thereof supplied to the Planning Authority for the purpose of pasting them in prominent places within the said land in the Notice Board of the Office of the Planning Authority.

49 · Other particulars to be included in the contents of draft, Scheme under Section 32. -The draft Scheme shall contain the following particulars specified in clauses (a) to (f) of Section 32, namely.-

50 · Form of commencement certificate granted under Section 35(1).The commencement certificate to be granted by a Planning Authority under clause (a) of sub-section (1) of Section 35 shall be in Form Ni.X.

51 · The procedure to be followed in making an inquiry under clause (c) of sub-section (1) of Section 35.(1) For the purpose of making an inquiry under clause (c) of sub-section (1) of section 35, the Planning Authority shall serve a notice in writing upon the person contravening the provisions of the said section calling upon him to show cause why he should not b directed. -

52 · The manner in which and the method according to which compensation shall be payable under sub-section (2) of Section 35.-(1) The compensation payable under sub-section (2) of Section 35 shall be the difference between the value of the property (inclusive of structures) on the basis of the existing use and that on the basis of the permitted use both values being determined as on the date of declaration of intention to prepare the scheme.

53 · Authority to which any person aggrieved by the decision of the Planning Authority may appeal under sub-section (4) of Section 35.Any person aggrieved by the decision of the Planning Authority under Section 35 of the Act may appeal to the Director of Town Planning within a period of sixty days from the date of the decision.

54 · Procedure to be followed by Town Planning Officer in making orders under sub -section (1) of Section 38.- (1) The Town Planning Officers shall give notice to the owner of the property or the person having any right in such property of the date on which he will commence his duties and shall state therein the time as provided in Rule 63 within which the owner of any property or person having any right in such property which is injuriously affected by the making of Town Planning Scheme shall be entitled under Section 60 to make a claim before him. Such notice shall be advertised in one or more news papers published in the regional languages and circulating within the jurisdiction of the local authority any shall be pasted in prominent places at or near the area comprised in the scheme and on the notice board at the office of the Town Planning Officer.

55 · The form in which the Town Planning Officer is to draw the final scheme under clause (n) of sub-section (1) of Section 38.(1) The name of the scheme and the definitions for important terms shall be given in the scheme.

56 · Procedure to be followed by the Officer appointed to hold an enquiry for the purpose of deciding a disputed claim as to ownership under Section 42. -(1) The officer holding an enquiry into a disputed ownership under Section 42 shall, while the inquiry is proceeding, record a minute of the proceedings including the material averments made by the parties interested, the material averments made by the parties interested, the material parts of the evidence, the decision and the reasons for the decision.

57 · Manner of preparing a preliminary scheme under Section 43.(1) The Town Planning Officer shall on an application of a Planning Authority to split up any draft Scheme into different sections for the purpose of making a preliminary Scheme in consultation with the Planning Authority, find out whether it would be feasible to prepare a preliminary scheme for any particular section without in any way affecting the general proposals for the draft scheme. He may prepare such preliminary scheme for any section provided that such section could be treated as an independent unit and that the decisions taken in respect thereof would not affect in any way, the proposals of the draft scheme in other Sections.

58 · Manner of giving notice under Section 44.- All notices required to be served upon any person under the Act and under these rules shall unless otherwise provided be served in the manner laid down in the Code of Civil Procedure, 1908 for the service of summons on a defendant.

59 · Procedure to be followed in summarily evicting a person under Section 46. -For eviction under Section 46, the Planning Authority shall follow the following procedure namely.-

60 · The notice to be given before action is taken under Section 47.-

61 · Variation of Scheme under Section 48. -(1) Any Planning Authority making an application for the variation of a scheme under subsection (1) of Section 48 shall state in such application all the particulars in respect of variation to be made.

66 · The Procedure to be adopted by the planning Authority to secure co-operation on the part of owners or persons interested in the land proposed to be included in a Town Planning Scheme.A Planning Authority shall call a meeting or meetings of the owners of the lands included in Town Planning Scheme by the issue of a public notice as well as by the issue of individual notices to all the owners whose addresses the planning Authority is aware of and explain in such meeting or meetings the tentative proposals of the draft Scheme for eliciting public opinion and suggestions on the said proposals. The Planning Authorities may take into consideration all such suggestions made and objections raised on the proposals of the Scheme before finalizing the draft Scheme.]

1 · [APPENDIX FORM VI

1 · Form VI added by GSR 237, dated 25-5-1967.

1 · Form VII and VIII inserted by GSR 356, dated 21-10-1976 .

2 · Form IX to XI inserted by GSR 237, dated 29-12-1980 .

1 · Title. -These Rules may be called the Karnataka Planning Authority (Amendment) Rules, 1967.

32 · -A . -The following rule may be added after the existing Rule 32.-

2 · CORRIGENDUM

1 · Published in the Karnataka Gazette, dated 1-6-1967, vide Notification No. LMA 8 MNP 67,dated 20-5-1967

1 · THE

1 · Published in the Karnataka Gazette, dated 4-11-1976 , vide Notification No. HMA 13 MNT T 76,dated 21-10-1976

1 · THE

2 · Particulars about:

1 · THE

1 · Published in the Karnataka Gazette, Extraordinary, dated 16-6-1980, vide Notification No. HUD 32 LRB 79,dated 12-6-1980.

1 · THE

1 · Published in the Karnataka Gazette, Extraordinary, dated 5-1-1987, vide Notification No. HUD 21 LRB 80,dated 29-12-1980.

1 · Title and commencement. -(1) These rules may be called the Karnataka Planning Authority (Amendment) Rules, 1980 .

2 · Insertion of new Rules 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66.After Rule 45 of the Karnataka Planning Authority Rules, 1965, (hereinafter referred to as the said rules), the following rules shall be inserted, namely.-

49 · Other Particulars to be included in the contents of

52 · The manner in which and the method according to which compensation shall be payable under sub section (2) of Section 35.- (1) The compensation payable under sub section (2) of Section 35 shall be the difference between the value of the property (inclusive of structures) on the basis of the existing use and that on the basis of the permitted use both values being determined as on the date of declaration of intention to prepare the scheme.

53 · Authority to which any person aggrieved by the decision of the Planning Authority may appeal under sub section (4) of Section 35.- Any person aggrieved by the decision of the Planning Authority under Section 35 of the Act may appeal to the Director of Town planning within a period of sixty days from the date of the decision.

54 · Procedure to be followed by Town Planning Officer in making orders under sub section (1) of Section 38.- The Town planning Officers shall give notice to the owner of the property or the person having any right in such property of the date on which he will commence his duties and shall state therein the time as provided in Rule 63 within which the owner of any property or person having any right in such property which is injuriously affected by the making of Town planning scheme shall be entitled under Section 60 to make a claim before him. Such notice shall be advertised in one or more news papers published in the regional languages and circulating within the jurisdiction of the local authority any shall be pasted in prominent places at or near the area comprised in the scheme and on the notice board at the office of the Town planning Officer. (2) The Town planning Officer shall after the date fixe in the notice given under sub -rule (1) continue to carry on his duties on working days. (3) The Town planning Officer shall give all persons affected by any particulars of the scheme sufficient opportunity of stating their views and shall not give any decision till he has duly considered their representations, if any. (4) If during the proceedings, it appears to the Town planning Officer that there are conflicting claims or any difference of opinion with regard to any part of the scheme, the Town planning Officer shall record a brief minute in his own hand, setting to the points at issue and the necessary particulars and shall give a decision with reasons therefor. All such minutes shall be appended to the scheme. (5) The Town planning Officer shall record and enter in the Scheme every decision given by him under clauses (a), (b), (c), (g), (k) and (i) of sub section (1) of Section 38. The calculations and estimates required by clauses (d), (e), (f), (h), (i), (j) and (m) sub section (1) of Section 38. (6) The final scheme drawn up by the Town planning Officer shall include the particulars specified in Rule 49. (7) The component parts of the Scheme shall be so arranged that they may be readily referred to in connection with the map and plans. (8) The Town planning Officer shall publish the final scheme drawn up by him by notification in the official Gazette and also by means of an advertisement in the local newspapers announcing that the final scheme shall be open for inspection of the public during the office hours and to communicate forth with the decisions taken by him in respect of each plot to the owner or person interested by the issue of requisite extract from the final scheme. 55. The form in which the Town planning Officer is to draw the final scheme under clause (n) of sub section (1) of Section 38.(1) The name of the scheme and the definitions for important terms shall be given in the scheme. (2) An estimate of total cost of the Scheme shall be prepared and the period within which the execution is to be completed shall be stated in the

57 · Manner of preparing a preliminary scheme under Section 43. -(1) The Town planning Officer shall on an application of a Planning Authority to split up any draft Scheme into different sections for the purpose of making a preliminary Scheme in consultation with the Planning Authority, find out whether it would be feasible to prepare a preliminary scheme for any particular section without in any way affecting the general proposals for the draft scheme. He may prepare such preliminary scheme for any section provided that such section could be treated as an independent unit and that the decisions taken in respect thereof would not affect in any way, the proposals of the draft scheme in other Sections.

58 · Manner of giving notice under Section 44.- All notices required to be served upon any person under the Act and under these rules shall unless otherwise provided be served in the manner laid down in the Code of Civil Procedure, 1908 for the service of summons on a defendant.

59 · Procedure to be followed in summarily evicting a person under Section 46. -For eviction under Section 46, the Planning Authority shall follow the following procedure namely.-

60 · The notice to be given before action is taken under section 47.Before removing, pulling down or altering any building or other work or executing any work under sub-section (1) of Section 47, a the Planning Authority shall serve a notice on the owner or occupier of the building or work as the case may be, calling upon him to remove pull down or alter such building or work or execute such work within such reasonable time as may be specified in the notice and intimating him the intention of the Planning Authority to do soon failure to comply with the requirement of the Notice.

61 · Variation of Scheme under Section 48. -(1) Any Planning Authority making an application for the variation of a scheme under sub-section (1) of

48 · shall state in such application all the particulars in respect of variation to be made.

62 · Manner of election of representatives of the several Planning Authorities under sub -section (2) of Section 51.- Every Joint Town Planning Board constituted under sub -section (2) of Section 51 shall consist of the following members.-

63 · Time limit for claiming compensation under Section 60.The time within which the owner of any property or right which is injuriously affected by, the making of a Town Planning scheme may make a claim under Section 60, shall be three months from the date fixed in the notice given under sub -rule(1) of Rule 54 or the date of hearing of his case before the Town Planning Officer whichever is later.

64 · . The period within which payment is to be made to the Planning Authority under section 63 . -The period within which the owner of a plot shall make payment under section 63 shall be three month from the date on which the owner is directed by Town Planning Officer to make payment.

65 · Manner of making documents, plans and maps to be accessible under sub -section (3) of Section 77.- documents, plans and maps relating to the sanctioned scheme made by the Planning Authority shall be kept open for the public inspection at the Office of the sub-Registrar at any time during office hours for a period of six months from the date of the official Gazette in which the sanction was published.

1 · THE

1 · THE KARNATAKA

1 · Title and commencement . -(1) These rules may be called the Karnataka Planning Authority (Amendment) Rules, 1988 .

1 · Published in the Karnataka Gazette, Extraordinary, dated 27-2-1989, vide Notification No. HUD 154 TTP 84(1), dated 24-2-1989 .

1 · CORRIGENDUM

1 · THE KARNATAKA PLANNING AUTHORITY (AMENDMENT) RULES, 2004

1 · Published in the Karnataka Gazette, Extraordinary, No. 466, dated 6-4-2004, vide Notification No. UUD 184 Bemrupra 04, dated 31-3-2004

1 · THE