LexThe MYSURU DEVELOPMENT AUTHORITY ACT, 2024
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 39 OF 2025
THE MYSURU DEVELOPMENT AUTHORITY ACT, 2024
Arrangement of Sections
Sections:
1. Short title and commencement
2. Definitions
3. Constitution and incorporation of the Authority
4. Disqualification for office of member
5. Term of office and conditions of service of members
6. Removal of member
7. Eligibility for reappointment
8. Meetings of the Authority
9. Appointment of committees
10. Powers of authority
11. Authority may compromise claims by or against it
12. Appointment of Commissioner
13. Appointment of Secretary
14. Powers and duties of the Commissioner
15. Objects of the Authority
16. Power of Authority to undertake works and incur expenditure for
development, etc
17. Particulars to be provided for in a development scheme
18. Procedure on completion of scheme
19. Sanction of scheme
20. Upon sanction, declaration to be published giving particulars of land
to be acquired
21. Levy of betterment tax
22. Assessment of betterment tax by the Authority
23. Manner of payment of betterment tax
24. Recovery of betterment tax
25. Payment etc. no bar to future acquisition
26. Power of Authority to take up works for further development
27. Crediting betterment tax collected to the funds of the Corporation in
certain cases
28. Authority to execute the scheme within five years
29. Land vested in Corporation and required by the Authority for
formation of street to be vested temporarily in the Authority
30. Duty to maintain streets etc
31. Levy of property tax on lands and buildings
32. Authority is deemed to be a Local Authority for levy of cesses under
certain Acts
33. Authority and Commissioner to exercise powers and functions under
Karnataka Act 14 of 1977
34. Streets on completion to vest in and be maintained by Corporation
35. Authority not to sell or otherwise dispose of sites in certain cases
36. Forming of new extensions or layouts or making new private streets
37. Alteration or demolition of extension, layout or street
38. Prohibition of unauthorised occupation of land
39. Power of Authority to order work to be carried out or to carry it out
itself in default
40. Authority to have power to acquire land by agreement
41. Provisions applicable to the acquisition of land otherwise than by
agreement
42. Power of Government to transfer to the Authority lands belonging to
it or to Corporation, etc
43. Power of Authority to lease, sell or transfer property
44. Grant of area reserved for civic amenities etc
45. Power of Authority to borrow
46. Development Fund and the items to be credited to such fund
47. Application of the Mysuru Development Authority Fund
48. Laying of annual estimate of income and expenditure
49. Authority to approve or amend such estimate
50. Estimates to be submitted to Government for sanction
51. Supplementary estimates may be prepared and submitted when
necessary
52. Provisions regarding expenditure
53. Accounts and audit
54. Reports
55. Power of Auditor
56. Schedule of officers and employees to be submitted for sanction of
Government
57. Appointment and conditions of service of officers and employees of
the Authority
58. Constitution of Mysuru Heritage Building Protection Commission
59. Powers of entry
60. Directions by the Authority
61. Offences by companies
62. Fines when realised to be credited to the Mysuru Development
Authority Fund
63. Compounding of offences
64. Members and officers to be public servants
65. Jurisdiction of courts
66. Sanction of prosecution
67. Protection of action taken in good faith
68. Power to delegate
69. Appeal against assessment etc.,
70. Revision
71. Notice of suit against the Authority
72. Power of Government to give directions to the Authority
73. Transfer of employees
74. Submission of copies of resolution and Government’s power to cancel
the resolution or order
75. Default in performance of duty
76. Amendment of the Karnataka Town and Country Planning Act, 1961
77. Housing Board not to undertake any Housing Scheme after the
commencement of this Act
78. Power to make rules
79. Power to make regulations
80. Power to make bye-laws
81. Penalty for breach of the provisions of the Act
82. Act to override other laws
83. Removal of difficulties
84. Dissolution of the Authority
85. Savings
STATEMENT OF OBJECTS AND REASONS
Amendment Act 3 9 of 2025 :- The population of Mysuru City as per
2011 census is 8,93,062 and the population of the local planning area is
16,96,577. Currently the growth of the city indicates the city attaining a
population and status of a metropolitan city.
The budget and other activities of the Mysuru Ur ban Development
Authority have been expanding to a large extent. The Authority is facing
complex challenges due to fast growth and large scale developments. Therefore
it is essential to enact a separate act for Mysuru Urban Development Authority
in lines w ith the Bangalore Development Authority Act for effective
administration and management of the financial resources of the Authority.
Co-ordinated planning and development within the local planning area is
necessary for speedy implementation of the schemes of the Authority, Central
and State Government requiring legislation, which complements the growth
and development of the fast growing urban area.
Hence, the Bill.
[L.A. Bill No.54 of 2024, File No. SAMVYASHAE 66 SHASANA 2024]
[Entries 5 and 18 of List II of the Seventh Schedule t o the Constitution of
India.]
[Published in Karnataka Gazette Extra -ordinary No.2 78 in part -IVA
dated:14.05.2025]
KARNATAKA ACT NO. 39 OF 2025
(First published in the Karnataka Gazette Extra-ordinary on the 14th day of May, 2025)
THE MYSURU DEVELOPMENT AUTHORITY ACT, 2024
(Received the assent of the Governor on the 13th day of May, 2025)
An Act to provide for the establishment of a development authority for
the development of the City of Mysuru and areas adjacent thereto.
Whereas it is expedient to provide for the establishment of a development
authority for the development of the City of Mysuru and areas adjacent thereto
and for matters connected therewith and incidental thereto;
Be it enacted by the Karnataka State Legislature in the seventy fifth year
of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title and commencement. - (1) This Act may be called the
Mysuru Development Authority Act, 2024.
(2) It shall come into force o n such 1[date]1, as the State Government may,
by notification in the official Gazette, appoint.
1. This Act has came into force w.e.f. 23.05.2025. by Notification No. ನಅಇ 03 ಅ 2021 ( -1) (ಇ)
Dated: 23.05.2025
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) “Authority” means the Mysuru Development Authority constituted
under section 3;
(b) “Amenity” includes road, street, lighting, drainage, public works and
such other conveniences as the Government may, by notification,
specify to be an amenity for the purposes of this Act;
(c) “Betterment tax” means the tax payable under section 21 in respect
of an inc rease in the value of land resulting from the execution of a
development scheme;
(d) “Building” includes any structure or erection or part of a structure or
erection which is intended to be used for residential, industrial,
commercial or other purposes, whether in actual use or not;
(e) “Building operations” include rebuilding operations, structural
alterations of or additions to buildings and other operations normally
undertaken in connection with the construction of buildings;
(f) “Bye-laws” mean bye-laws made by the Authority under this Act;
(g) “Chairman” means the Chairman of the Authority;
(h) “Civic amenity” means,-
(i) a market, a post office, a telephone exchange, a bank, a fair price
shop, a milk booth, a school, a dispensary, a hospital, a
pathological laboratory, a mate rnity home, a child care centre, a
library, a gymnasium, a bus stand or a bus depot;
(ii) a recreation centre run by the Government or the Corporation;
(iii) a centre for educational, social or cultural activities established
by the Central Government or the S tate Government or by a body
established by the Central Government or the State Government;
(iv) a centre for educational, religious, social or cultural activities or for
philanthropic service run by a cooperative society registered under
the Karnataka Co -operative Societies Act, 1959 (Karnataka Act 11
of 1959) or a society registered under the Karnataka Societies
Registration Act, 1960 (Karnataka Act 17 of 1960) or by a trust
created wholly for charitable, educational or religious purposes;
(v) a police station, a n area office or a service station of the
Corporation or the Karnataka Urban Water Supply and Sewerage
Board or the Chamundeshwari Electricity Supply Company; and
(vi) such other amenity as the Government may, by notification,
specify;
(i) “Commissioner” means th e Commissioner appointed under
section 12;
(j) “Corporation” means the City Corporation of Mysuru;
(k) “Development” with its grammatical variations means the carrying
out of building, engineering, or other operations in or over or under
land or the making of a ny material change in any building or land
and includes redevelopment;
(l) “Engineering operation” means formation or laying out of means of
access to road;
(m) “Government” means the State Government;
(n) “Land” includes benefits to arise out of land and things attached to
the earth or permanently fastened to anything attached to the earth;
(o) “Local authority” means a Municipal Corporation or a Municipal
Council or a Gram Panchayat constituted or continued under any law
for the time being in force;
(p) “Means of acce ss” includes any means of access whether private or
public, for vehicles or for foot passengers, and includes a road;
(q) “Regulation” means regulations made by the Authority under this
Act;
(r) “Street” includes any highway and any causeway, bridge, aqueduct,
arch, road, lane, footway, square, court, alley or passage, whether a
thoroughfare or not;
(s) “To erect” in relation to any building includes,-
(i) any material alteration or enlargement of any building;
(ii) the conversion by structural alteration into a place for human
habitation of any building not originally constructed for human
habitation;
(iii) the conversion into more than one place for human habitation of a
building originally constructed as one such place;
(iv) the conversion of two or more places of human habitation into a
greater number of such places;
(v) such alterations of a building as affect an alteration of its drainage
or sanitary arrangements, or materially affect its security;
(vi) the addition of any rooms, buildings, houses or other structures to
any building; and
(vii) the c onstruction in a wall adjoining any street or land not
belonging to the owner of the wall, or a door opening on to such
street or land.
(2) All other words and expressions used herein but not defined shall have
the same meaning as assigned to them in the Karn ataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977).
CHAPTER-II
THE MYSURU DEVELOPMENT AUTHORITY
3. Constitution and incorporation of the Authority. - (1) As soon as
may be, after the date of commencement of this Act, the Government shall, by
notification, constitute for the Mysuru Local Planning Area, an Authority to be
called the Mysuru Development Authority.
(2) The Authority shall be a body corporate by the name aforesaid
having perpetual succession and a common seal, with power, subject to the
provisions of this Act, to acquire, hold and dispose of property, both moveable
and immoveable and to contract and shall by the said name sue or be sued.
(3) The Authority shall consist of the following members, namely:-
(a) the Chairman;
(b) one person to be called the Finance Member possessing
qualifications in accounts and audit;
(c) an engineer who shall be an officer of the Karnataka Engineering
Service or an officer employed in any undertaking owned or
controlled by the State Government not below the rank of a Chief
Engineer/Superintending Engineer;
(d) a town planner who shall be an officer of the department of Town
and Country Planning not below the rank of Additional Director o f
Town and Country Planning assisted by such other officers having
Post graduate qualification in Town and Country Planning from the
Department of Town and Country Planning;
(e) a person with experience in architecture;
(f) the Commissioner, Corporation of the City of Mysuru, who shall be
an ex-officio member;
(g) an officer of the Karnataka Government Secretariat, Department of
Urban Development, not below the rank of a Deputy Secretary to
Government, who shall be an ex-officio member;
(h) one person who is member of the Karnataka State Legislature;
(i) four persons including a woman and a person belonging to the
Scheduled Castes or the Scheduled Tribes;
(j) a representative of the Karnataka Urban Water Supply and
Sewerage Board;
(k) a representative of the Electricity Supply Compa nies in the
jurisdiction of Mysuru Local Planning Area; and
(l) the Commissioner, ex-officio; and
(m) the Secretary of the Authority, who shall be an ex-officio member.
(4) The persons referred to in clauses (a) to (e) and (g) to (i) of sub -
section (3) shall be appointed by the Government and the persons referred to in
clauses (j) and (k) thereof shall be nominated by the respective bodies:
Provided that, all the first members of the Authority shall be appointed
by the Government.
(5) The Chairman, the engineer membe r, the finance member and the
town planner member shall be whole time members and the other members
shall be part time members.
(6) The names of the Chairman and members (appointed or elected)
shall be published by the Government by notification.
4. Disqualification for office of member. - (1) No person shall be
appointed as or continue to be a member if he,-
(a) has been convicted and sentenced to imprisonment for an offence
which in the opinion of the Government involves moral turpitude; or
(b) is of unsound mind and stands so declared by a competent
court; or
(c) is an undischarged insolvent; or
(d) has been removed or dismissed from the service of the Central
Government or a State Government or a Corporation owned or controlled by
the Central Government or a State Government; or
(e) has directly or indirectly by himself or his partner any share or
interest in any work done by the order of the Authority or in any contract or
employment with or under or by or on behalf of the Authority; or
(f) being an elected member ceases t o be a councilor of the Corporation;
or
(g) is employed as paid legal practitioner on behalf of the Authority or
accepts employment as legal practitioner against the Authority.
(2) A person shall not be disqualified under clause (e) of sub -section (1)
or be de emed to have any share or interest in any contract or employment
within the meaning of the said clause by reason only of his having a share or
interest in any newspaper in which any advertisement relating to the affairs of
the Authority is inserted.
5. Term of office and conditions of service of members.- (1) Subject to
the pleasure of the Government and the provisions of section 6, the Chairman
and other members of the Authority shall hold office for a period of three years
from the date on which they assume office and shall be eligible for re -
appointment under such conditions as may be prescribed:
Provided that, the term of office of the representative of the Corporation
shall come to an end when he ceases to be a councillor or when the
Corporation is superseded.
(2) The other conditions of service of members shall be such as may be
prescribed.
(3) Any member other than an ex-officio member may resign his office by
writing under his hand addressed to the Government but shall continue in
office till his resignation is accepted by the Government.
(4) A casual vacancy caused by resignation of a member or otherwise
may be filled by fresh appointment or election and the person so appointed or
elected shall hold office for the remaining period for which the member in
whose place he was appointed or elected would have held office.
(5) No Act or proceeding of the Authority shall be invalid merely by
reason of any vacancy in or defect in the constitution or reconstitution of the
Authority.
6. Removal of member.- The Government shall remove a member if,-
(a) he becomes subject to any of the disqualifications mentioned in
section 4:
Provided that, no member shall be removed on the ground that he has
become subject to the disqualification mentioned in clause (e) of section 4,
unless he has been given an opportunity of submitting his representation; or
(b) he refuses to act or becomes incapable of acting; or
(c) he, without obtaining leave of absence from the Authority, absents from
three consecutive meetings of the Authority; or
(d) in the opinion of the Government he has so abused his position as to
render his continuance in office detrimental to the public interest:
Provided that, no member shall be removed under this clause unless he
has been given an opportunity of submitting his representation.
7. Eligibility for reappointment. - Any person ceasing to be a member
shall, unless disqualified under section 4, shall be eligible for reappointment as
a member.
8. Meetings of the Authority.- (1) The meetings of the Authority shall be
convened by the Chairman a nd shall be held at any place within the
jurisdiction of the Authority.
(2) The Authority shall meet at such times and shall observe such rules of
procedure in regard to the transaction of business at its meetings including
quorum at meetings, may be provided by the regulations.
(3) The Chairman or, if for any reason he is unable to attend any meeting,
any other member chosen by the members present at the meeting shall preside
at the meeting.
(4) All questions which come up before any meeting of the Authority shall
be decided by a majority of the votes of the members present and voting and in
the event of an equality of votes, the Chairman or in his absence, the person
presiding, shall have and exercise a second or casting vote.
(5) A member shall not, at any meeting of the Authority or a committee
thereof, take part in the discussion of or vote on any matter in which he has
directly or indirectly, by himself or his partner, any share or interest.
9. Appointment of committees. - (1) The Authority may from time to
time appoint committees consisting of the Chairman and such other members
as it thinks fit and may with the approval of the Government associate with
such committees in such manner and for such period as may be prescribed,
any person or persons whose assistance or advise it may desire and refer to
such committees for inquiry and report any subject relating to the purposes of
this Act.
(2) Every committee appointed under the sub -section (1) shall conform to
any instructions that may from time to time be given to it by the Authority and
the Authority may at any time alter the constitution of any committee so
appointed or rescind any such appointment. The Chairman shall be the
President of every such committee.
10. Powers of authority. - (1) The Commissioner may, on behalf of the
Authority, sanction any estimate, call for tenders or enter into any contract or
agreement the value or amount as specified by the Government from time to
time in such manner and form as, according to the law for the time being in
force, would bind him if such contract or agreement were on his own behalf;
and every such contract or agreement shall be reported to the Authority at its
next meeting.
(2) The Authority may sanction any estimate, call for tenders or enter
into any contract or agreement the value as s pecified by the Government from
time to time and where the value of any estimate, contract or agreement
exceeds the amount so specified by the Government, the same shall not be
entered into except with the previous sanction of the Government.
(3) Every contract or agreement on behalf of the Authority, other than a
contact or agreement referred to in sub-section (1), shall be in writing and shall
be signed by the Commissioner and sealed with the common seal of the
Authority.
(4) The common seal of the Authori ty shall be in the custody of the
Commissioner, who shall personally affix the seal to any contract or other
instrument.
(5) The acceptance of any tender shall be subject to such rules as may
be prescribed.
(6) A contract not made or executed as provided in this s ection and the
rules made there under shall be null and void and shall not be binding on the
Authority.
11. Authority may compromise claims by or against it. - The
Authority may compound or compromise any claim or demand arising out of
any contract entered into by it under this Act or any action or suit instituted by
or against it for such sum of money or other compensation as it may deem
sufficient:
Provided that, no such claim or demand exceeding fifty thousand rupees
shall be compounded or compromised ex cept with the previous approval of the
Government.
12. Appointment of Commissioner. - (1) The State Government shall
appoint an officer, who shall be an officer of the rank of Indian Administrative
Service or Senior scale and above rank officer of the Karna taka Administrative
Service to be the Commissioner for the Authority.
(2) The Commissioner shall receive such monthly salary and other
allowances as the State Government may, from time to time determine.
(3) The State Government may, from time to time, grant leav e of
absence for such period as it thinks fit to the Commissioner. A copy of every
order granting such leave shall be communicated to the Chairman.
13. Appointment of Secretary.- (1) The State Government shall appoint
an officer not below the rank of a junior scale officer of the Karnataka
Administrative Service, to be the Secretary of the Authority.
(2) The Secretary shall receive such monthly salary and other allowances
as the State Government may from time to time determine.
14. Powers and duties of t he Commissioner. - (1) The Commissioner
shall be the Chief Executive and Administrative Officer of the Authority.
(2) The Commissioner shall in addition to performing such functions as
are conferred on him by or under this Act or under any law for the time being
in force,-
(a) carry into effect the resolutions of the Authority:
Provided that, if in the opinion of the Commissioner any resolution of
the Authority contravenes any provision of this Act or any other law or of any
rule, notification, regulation or bye -law made or issued under this Act or any
other law, or of any order passed by the Government or is prejudicial or
detrimental to the interest of the Authority, he shall, within fifteen days of the
passing of the resolution refer the matter to the Government for orders and
inform the Authority at its next meetin g, of the action taken by him and until
the orders of the Government on such reference are received, the
Commissioner shall not be bound to give effect to the resolution.
(b) keep and conduct the Authority‟s correspondence;
(c) carry out and execute such schemes a nd works as the State
Government may direct and incur necessary expenditure there for;
(d) be responsible for implementing the schemes of the Authority;
(e) operate the accounts of the Authority and be responsible for the
maintenance of the accounts of the authority;
(f) exercise supervision and control over the accounts and proceedings of
all officers and employees of the Authority in matters of executive
administration and in the matters concerning the accounts and records
of the Authority and to the extent specified in sub-section (1) of section
57 dispose of all questions relating to the service of such officers and
employees and their pay, privileges and allowances; and
(g) furnish to the Government a copy of the minutes of the Authority‟s
proceedings and any return or other information which the Government
may, from time to time, call for;
(h) authenticate by his signature all permissions, orders, decisions, notices
and other documents of the Authority and the orders of the Chairman.
(3) The Commissioner shall have all the powers of a Secretary to the State
Government under the Karnataka State Civil Services Rules for the time being
in force, with respect to the officers and employees of the Authority.
15. Objects of the Authority. - The objects of the Authority shall be to
promote and secure the development of the Mysuru Local Planning Area and
for that purpose the Authority shall have the power to acquire, hold, manage
and dispose of moveable and immoveable property, whether within or outside
the area under its jurisdiction, t o carry out building, engineering and other
operations and generally to do all things necessary or expedient for the
purposes of such development and for purposes incidental there to.
CHAPTER-III
DEVELOPMENT SCHEMES
16. Power of Authority to undertake works and incur expenditure for
development, etc.- (1) The Authority may,-
(a) draw up detailed schemes (hereinafter referred to as “development
scheme”) for the development of Local Planning Area of the Authority;
and
(b) with the previous approval of the Government, undertake from time
to time any works for the development of the Mysuru Local Planning
Area and incur expenditure there for and also for planning and
execution of development schemes.
(2) The Authority may also from time to time make and take up any new
or additional development schemes,-
(i) on its own initiative, if satisfied of the sufficiency of its resources; or
(ii) on the recommendation of the local authority if the local authority
places at the disposal of the Authority the necessary funds for planning
and carrying out any scheme; or
(iii) otherwise.
(3) Notwithstanding anything in this Act or in any other law for the time
being in force, the Government may, whenever it deems necessary require the
Authority to take up any development scheme or work and execute it subject to
such terms and conditions as may be specified by the Government.
17. Particulars to be provided for in a development scheme. - Every
development scheme under section16,-
(1) shall, within the limits of the area comprised in the scheme, provide
for,-
(a) the acquisition of any land which, in the opinion of the Authority, will
be necessary for or affected by the execution of the scheme;
(b) laying and re -laying out all or any land including the construction
and reconstruction of buildings and formation and alteration of
streets;
(c) drainage, water supply and electricity; and
(d) the reservation of not less than fifteen percent of the total area of the
layout for public parks and playgrounds and an additional area of not
less than ten percent of the total area of the layout for civic
amenities.
(2) may, within the limits aforesaid, provide for,-
(a) raising any land which the Authority may consider expedient to raise
to facilitate better drainage;
(b) forming open spaces for the better ventilation of the area
comprised in the scheme or any adjoining area; and
(c) the sanitary arrangements required;
(3) may, within and without the limits aforesaid provide for the
construction of houses.
18. Procedure on completion of scheme. - (1) When a development
scheme has been prepared, the Authority shall d raw up a notification stating
the fact of a scheme having been made and the limits of the area comprised
therein and naming a place where particulars of the scheme, a map of the area
comprised therein, a statement specifying the land which is proposed to b e
acquired and of the land in regard to which a betterment tax may be levied may
be seen at all reasonable hours.
(2) A copy of the said notification shall be sent to the Corporation which
shall, within thirty days from the date of receipt thereof, forward to the
Authority for transmission to the Government as hereinafter provided, any
representation which the Corporation may think fit to make with regard to the
scheme.
(3) The Authority shall also cause a copy of the said notification to be
published in the offici al Gazette and affixed in some conspicuous part of its
own office, the Deputy Commissioner‟s Office, the office of the Corporation and
in such other places as the Authority may consider necessary.
(4) If no representation is received from the Corporation withi n the time
specified in sub -section (2), the concurrence of the Corporation to the scheme
shall be deemed to have been given.
(5) During the thirty days next following the day on which such
notification is published in the official Gazette the Authority shall serve a notice
on every person whose name appears in the assessment list of the local
authority or in the land revenue register as being primarily liable to pay the
property tax or land revenue assessment on any building or land which is
proposed to be acq uired in executing the scheme or in regard to which the
Authority proposes to recover betterment tax requiring such person to show
cause within thirty days from the date of the receipt of the notice why such
acquisition of the building or land and the rec overy of betterment tax should
not be made.
(6) The notice shall be signed by or by the order of the Commissioner and
shall be served by,-
(a) personal delivery or if such person is absent or cannot be found, on
his agent, or if no agent can be found, then by leav ing the same on
the land or the building; or
(b) leaving the same at the usual or last known place of abode or
business of such person; or
(c) registered post addressed to the usual or last known place of abode
or business of such person.
19. Sanction of scheme. - (1) After publication of the scheme and service
of notices as provided in section 18 and after consideration of representations,
if any, received in respect thereof, the Authority shall submit the scheme,
making such modifications therein as it may think fit, to the Government for
sanction, furnishing,-
(a) a description with full particulars of the scheme including the
reasons for any modifications inserted therein;
(b) complete plans and estimates of the cost of executing the scheme;
(c) a statement specifying the land proposed to be acquired;
(d) any representation received under sub-section (2) of section18;
(e) a schedule showing the rateable value, as entered in the municipal
assessment book on the date of the publication of a notification
relating to the land under the section 18 or the land assessment of all
land specified in the statement under clause(c); and
(f) such other particulars, if any, as may be prescribed.
(2) Where any development scheme provides for the construction of
houses, the Authority shall also submit to the Government plans and estimates
for the construction of the houses.
(3) After considering the proposal submitted to it the Government may,
by order, give sanction to the scheme.
20. Upon sanction, declaration to be published giving particulars of
land to be acquired .- (1) Upon sanction of the scheme, the Government shall
publish in the official Gazette a declaration stating the fact of such sanction
and that the land proposed to be acquired by the Authority for the purposes of
the scheme is required for a public purpose.
(2) The declaration shall state the limits within which the land proposed
to be acquired is situated, the purpose for which it is needed, its approximate
area and the place where a plan of the land may be inspected.
(3) The said declaration shall be conclusive evidence that the land is
needed for a public purpose and the Authority shall, upon the publication of
the said declaration, proceed to execute the scheme.
(4) If at any time it appears to the Authority that an improvement can be
made in any part of the scheme, the Authority may alter the scheme for the
said purpose and shall subject to the provisions of sub -sections (5) and (6),
forthwith proceed to execute the scheme as altered.
(5) If the estimated cost of executing the scheme as altered exceeds, by a
greater sum than five percent of the estimated cost of executing the scheme as
sanctioned, the Authority shall not, without the previous sanction of the
Government, proceed to execute the scheme as altered.
(6) If the scheme as altered involves the acquisitio n otherwise than by
agreement, of any land other than that specified in the schedule referred to in
clause (e) of sub -section (1) of section 19, the provisions of sections 18 and 19
and of sub -section (1) of this section shall apply to the part of the sche me so
altered in the same manner as if such altered part were the scheme.
21. Levy of betterment tax.- (1) Where as a consequence of execution of
any development scheme, the market value of any land in the area comprised
in the scheme which is not required for the execution thereof has in the
opinion of the Authority, increased or will increase the authority shall be
entitled to levy on the owner of the land or any person having an interest
therein a betterment tax in respect of the increase in value of the land resulting
from the execution of such scheme.
(2) Such increase in value shall be the amount by which the value of the
land, on the completion of the execution of the scheme, estimated as if the land
were clear of buildings, exceeds the value of the land prior to the execution of
the scheme estimated in like manner, and the betterment tax shall be one-third
of such increase in value.
22. Assessment of betterment tax by the Authority. - (1) When it
appears to the Authority that a development scheme is sufficiently advanced to
enable the amount of the betterment tax to be determined, the Authority shall,
by a resolution passed in this behalf declare that for the purpose of
determining such tax, the execution of the scheme shall be deemed to have
been completed an d shall thereupon give notice in writing to every person on
whom a notice in respect of land to be assessed had been served under sub -
section (5) of section 18 or to the successor in interest of such person, as the
case may be, that the Authority proposes to assess the amount of the
betterment tax payable in respect of such land under section 21.
(2) The Authority shall then assess the amount of betterment tax payable
by each person concerned after giving such person an opportunity of being
heard and such perso n shall, within three months from the date of receipt of
notice in writing of such assessment inform the Authority in writing whether or
not he accepts the assessment.
(3) When the assessment proposed by the Authority is accepted by the
person concerned within the period specified in sub -section (2), such
assessment shall be final.
(4) If the person concerned does not accept the assessment made by the
Authority or fails to give the Authority the information required under sub -
section (2) within the period specified therein the Authority shall make a
reference to the District Court for determining the betterment tax payable by
such person.
23. Manner of payment of betterment tax. - The betterment tax
determined under section 22 shall be paid within such time and in such
number of installments not exceeding ten as may be specified by the Authority
together with interest at such rates as may be prescribed.
24. Recovery of betterment tax. - Where any person liable to pay
betterment tax fails to pay the same within the time specifi ed by the Authority
or makes default in payment of two consecutive installments or any three
installments, the Authority shall be entitled to recover the whole of the
amount due together with interest from the said person or his successor -in-
interest in such land in the manner provided by the Karnataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977), for the recovery of taxes
and if the said money is not so recovered, the Commissioner may, after giving
public notice of his intention to do so and not less than one month after the
publication of such notice, sell the land or the interest of the said person or his
successor-in-interest in such land by public auction and may deduct the said
money and the expenses of the sale from the proceeds of t he sale, and shall
pay the balance (if any) to the defaulter.
25. Payment etc. no bar to future acquisition. - Acceptance of liability to
betterment tax under sub -section (3) of section 22, or payment of the said tax
after determination under section 23 shall n ot debar subsequent acquisition of
the land concerned, if such acquisition is necessary for purposes of this Act.
26. Power of Authority to take up works for further development. - (1)
Notwithstanding anything contained in any other provision of this Act, the
Authority may, with the previous sanction of the Government, take up such
works as the Authority considers necessary or desirable for the further
development of any area within the Mysuru Local Planning Area:
Provided that, the Authority shall consult th e Corporation, if such area
lies within the limits of the Corporation.
(2) The expenditure incurred or proposed to be incurred or such portion
thereof as may be determined by the Authority and approved by the
Government in carrying out such works may recovered by a pro -rata levy on
the owners of properties benefitted by such works as may be determined by the
Authority. The said sum may be recovered as any other sum due to the
Authority under the provisions of this Act.
27. Crediting betterment tax collected to the funds of the Corporation
in certain cases. - Where the increase in value of any land is due to the
execution of a development scheme made on the recommendation of the
Corporation and for which the Corporation has placed at the disposal of the
Authority the necessary funds for planning and carrying out such schemes, the
betterment tax collected by the Authority from the owners of such land shall be
credited by the Authority to the Municipal Fund of the Corporation.
28. Authority to execute the scheme within five years.- Where within a
period of five years from the date of the publication in the official Gazette of the
declaration under sub -section (1) of section 20, the Authority fails to execute
the scheme substantially, the scheme shall lapse and the provis ions of section
37 shall become inoperative.
29. Land vested in Corporation and required by the Authority for
formation of street to be vested temporarily in the Authority. - Whenever
under any development scheme the whole or any part of an existing public
street or other land vested in the Corporation is included in the site of any part
of a street to be formed, altered, widened, raised, re - arranged or re -
constructed by the Authority, the Authority shall give notice to the Corporation
that the whole or a par t, as the case may be, of such existing street or other
land (hereinafter called the “part required”) is required by it as part of a street
to be dealt with as aforesaid, and the part required shall thereupon, subject to
the provisions of sub-section (1) of section 34, be vested in the Authority:
Provided that, nothing in this section shall be deemed to affect the rights
or powers of the Corporation under the Karnataka Municipal Corporations Act,
1976 (Karnataka Act 14 of 1977) in or over any Corporation dr ainage work or
water work.
30. Duty to maintain streets etc. - It shall be incumbent on the
Authority to make reasonable and adequate provision by any means or
measures which it is lawfully competent to use or take, for the following
matters, namely:-
(a) the mai ntenance, keeping in repair, lighting and cleansing of the
streets formed by the Authority till such streets are vested in the Corporation;
and
(b) the drainage, sanitary arrangement and water supply in respect of the
streets formed by the Authority.
31. Levy of p roperty tax on lands and buildings. - (1) Notwithstanding
anything contained in this Act, the Authority may levy property tax on lands or
buildings or on both, situated within its jurisdiction at the same rates at
which such tax is levied by the Corporation within its jurisdiction.
(2) The Provisions of the Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977) shall mutatis mutandis apply to the assessment
and collection of property tax.
Explanation: For the purpose of this section “property tax” means a tax
simpliciter requiring no service at all and not in the nature of fee requiring
service.
32. Authority is deemed to be a Local Authority for levy of cesses
under certain Acts.- Notwithstanding anything contained in any law for the
time being in force the Authority shall be deemed to be a local authority for
the purpose of levy and collection of,-
(i) health cess under sections 3,4 and 4A of the Karnataka Health Cess
Act, 1962 (Karnataka Act 28 of1962);
(ii) library cess under section 30 of the Karnataka Public Libraries
Act, 1965 (Karnataka Act 10 of 1965); and
(iii) beggary cess under section 31 of the Karnataka Prohibition of
Beggary Act, 1975 (Karnataka Act 27 of1975).
33. Authority and Commissioner to exer cise powers and functions
under Karnataka Act 14 of 1977.- (1) In any area or part thereof to which this
Act applies, the Government may, by notification, declare that from such date
and for such period as may be specified therein and subject to such
restrictions and modifications, if any as may be specified in the notification,-
(i) the powers and functions of the Corporation (including the power to
levy, assess and collect property tax) or a standing committee thereof under the
Karnataka Municipal Corporations Act, 1976 shall be exercised and discharged
by the Authority ; and
(ii) the powers and functions of the Commissioner of the Corporation
under the said Act shall be exercised and discharged by the Commissioner:
Provided that, the Corporation shall be consult ed before making such
declaration if such area or part thereof lies within the limits of the Corporation.
(2) On the making of a declaration under sub -section (1), notwithstanding
anything contained in any other law for the time being in force, the
Corporation, any standing committee thereof or the Commissioner of the
Corporation, shall not be competent to exercise or discharge the powers or
functions conferred or imposed on the Authority or the Commissioner, as the
case may be, by such declaration.
(3) The Authority or the Commissioner may delegate any of the functions
exercisable by it or him under sub -section (1) to any officer or employee of the
Authority.
(4) The exercise or discharge of any of the powers or functions delegated
under sub -section (3) shall be subject to such limitations, conditions and
control as may be laid down by the Authority or the Commissioner, as the case
maybe,
34. Streets on completion to vest in and be maintained by
Corporation.- (1) The Government after consulting the Corporation and on
being satisfied that any street formed by the Authority has been duly levelled,
paved, metalled, flagged, channelled, drained and sewered in the manner
provided for in the plans of any scheme sanctioned by the Government and
that such lamps, lamp posts and other apparatus as are in its opinion
necessary for the lighting thereof and should be provided by the Authority have
been so provided, shall declare such street to be a public street, and such
street shall there upon vest or revest, as the case may be, i n the Corporation
and the Corporation shall thereafter maintain, keep in repair, light and cleanse
such street.
(2) Any open space including such parks and play grounds as may be
notified by the Government reserved for ventilation in any part of the area
under the jurisdiction of the Authority as part of any development scheme
sanctioned by the Government shall be transferred on completion to the
Corporation for maintenance at the expense of the Corporation and shall
thereupon vest in the Corporation.
(3) Any dispute which arises between the Authority and the Corporation
in respect of any of the provisions of this section shall be determined by the
Government, and the decision of the Government shallExcerpt shown. Open the full act in Lexace.