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The KARNATAKA GOVERNMENT PARKS (PRESERVATION) ACT, 1975)

Karnataka · state statute
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THE KARNATAKA GOVERNMENT PARKS (PRESERVATION) ACT, 1975) 
ARRANGEMENT  OF  SECTIONS  
Statements of Objects and Reasons: 
Sections : 
 1. Short  title and commencement.  
 2. Definitions. 
 3. Application  of  the Act. 
 4. Preservation of Parks. 
 5. Permission in certain cases. 
 
STATEMENTS OF OBJECTS AND REASONS 
 Act 23 of 1975.- With a view to preserve and maintain c ertain  Government Parks in 
the State of Karnataka as horticultural gardens and to improve their utility as such parks 
it is proposed to prohibit alienation of any portion of land or building with such parks. 
 Hence this Bill. 
 (Published in  the Karnataka  Gazette  Part IV -2A (Extraordinary)  No. 473 dated 
17.5.1973 at page 4.) 
II 
 Amending Act  24 of 1976 -  According  to section 4 of the Karnataka Government  
Parks (Preservation) Act, 1975 no building shall be erected within the parks . 
Government consider  that it is necessary to relax this conditions to enable  the taking up 
of  important construction work of  “Veera Soudha” in Lalbagh. This proposal does not 
involve any financial commitment  on the part of  Government of Karnataka. 
 Since both the House s of State Legislature were not in Session an ordinance  to the 
effect was promulgated by  the Governor of Karnataka on 9th January 1975. 
 This Bill seeks to replace the said ordinance. 
 (Published in the Karnataka Gazette Part IV -2A (Extraordinary ) No. 627 dated 
31.1.1976. at page 3.) 
III 
 Amending Act 30 of 1982.- To enable the construction of 'Veera Soudha' a memorial 
for freedom fighter, in the lalbagh gardens section 5 was added in 1976 to the Karnataka 
Government Parks (Preservation) Act, 1975. IN view of several representations from the 
public opposing the said proposal it is now proposed to omit the said section 5 and to 
have the Veera Soudha somewhere else. 
 Hence  the Bill. 
 (Obtained from L.A. Bill No. 22 of 1982 file No. LAW 82 LGN 80.) 
 2 
IV 
 Amending Act 42 of 2003.- Central Jail located in the heart of Bangalore City has 
been shifted to Parappana Agrahara and a decision has been taken by the State 
Government to earmark the land and the building of the Central Jail for development and 
preservation as a park in order to preserve lung space in the heart of the city. 
 Therefore, it is considered necessary to amend the definition of "park" appearing in 
section 2 of the Karnataka Government Parks (Preservation) Act, 1975 to empower the 
State Government to notify the Central Jail premises as park for the purpose of the said 
Act. 
 Hence the Bill. 
 [L.A. Bill No. 13 of 2003] 
[Entry 14 of List-II of Seventh Schedule to the Constitution of India] 
 
V 
Amending Act 21 of 2010.-  It is considered necessary to amend the Karnataka 
Government Parks (Preservation) Act, 1975 to provide for alienation of certain area of 
Indira Gandhi Musical Foundation Park to Bruhat Bangalore Mahanagara Palike and 
Lalbagh to the Bangalore Metro Rail Corporation Ltd., for the following purposes; 
namely:- 
(i) for widening of the roads by the Bruhat Bangalore Mahanagara Palike, and 
(ii) for construction of elevated station for Metro Rail Project of Bangalore. 
As the matter was urgent and both the Houses of the Karnataka State Legislature 
were not i n session, the Government of Karnataka promulgated the Karnataka 
Government Parks (Preservation) (Amendment) Ordinance, 2008.  (Karnataka 
Ordinance 4 of 2008) 
 This Bill seeks to replace the said Ordinance. 
 Hence the Bill. 
[L.A.Bill No. 11 of 2009, File No.DPAL 28 Shasana 2008] 
[Entry 18 of List II of the Seventh Schedule to the Constitution of India.] 
 
VI 
Amending Act 21 of 2011. - It is considered necessary to amend the Karnataka 
Government Parks (Preservation) Act, 1975, to provide parking space for vehi cles of 
Advocates and visitors in Cubbon Park without disturbing the standing trees.   
Hence the Bill. 
[L.A. Bill No.22  of 2011, File No.Samvyashae 19 Shasana 2011] 
[Entry 18 of List II of the Seventh schedule to the constitution of India.]  
 
 
 
 3 
VII 
Amending Act 58 of 2013. -  In an area of 49 acres and 34 guntas 
(approximately) consisting of the buildings of Vidhana Soudha and Vikasa Soudha  with 
the boundaries specified hereunder, the Government sometimes find it difficult to take up 
repairs, and  other developmental works.   
North : Starting from Legislature House circle, running along the  
                        road and ending upto car parking gate. 
South : Vidhana   Veedhi    road    starting   from Lokayuktha office  
                        running along Gopala Gowda Circle touching Police  
                        Timmaiah circle. 
East : Starting from Legislature circle, running along boundary      
                        wall of Rajbhavan and touching Police Timmaiah circle. 
West : Starting from Lokayukta office running along M.S. Building        
                        compound  and ending at Parking gate. 
Hence the Bill. 
[L.C. Bill No. 14 of 2013, File No. Samvyashae 39 Shasana 2013] 
[Entry 35 of List  II of the Seventh Schedule to the Constitution of India.] 
 
* * * * 
 4 
KARNATAKA ACT NO. 23 OF 1975 
First published in the Karnataka Gazette on the Twenty-second day of May 1975) 
THE KARNATAKA GOVERNMENT PARKS (PRESERVATION) ACT, 1975) 
(Received the assent of the Governor on the Ninth day of May, 1975) 
(As amended by Karnataka Act 24 of 1976, 30 of 1982, 42 of 2003, 21 of 2010,  21 of 
2011 and 58 of 2013) 
  An Act to make  provision to ensure the preservation of certain Government 
parks in the State of Karnataka. 
  WHEREAS it is  expedient in  public interest to preserve certain  parks vested in 
the State Government in the State of Karnataka. 
  BE it enacted by the Karnataka  State Legislature in the Twenty -sixth Year of the 
Republic of India as follows :- 
  1. Short title and commencement. - (1) This Act  ma y  be called the 
Karnataka Government Parks (Preservation) Act, 1975. 
  (2) It shall come into force at once. 
   2. Definitions.- In  this Act unless the context other -wise requires “Park” 
includes  a garden 1[or any land with or without building earmarked  by the State 
Government for development and preservation as parks.]1 
  1. Inserted by Act 42 of 2003 w.e.f. 6.9.2003 
  3. Application of the Act. - (1)  This Act shall apply to all  lands and buildings  
within the limits of such parks  belonging to the State Government as the State 
Government  may, from time to time, by notification in the official Gazette, specify. 
 (2) The notification referred to in sub- section (1) shall specify as nearly as  possible, 
the situation and limits of such parks. 
  4. Preservation of parks. - (1) It shall be the duty of the State Government to 
preserve and maintain as horticultural gardens  the parks to which this Act is applicable 
and take such action as may be necessary to improve the utility of such parks as such  
gardens. 
 (2) No land or building within the  parks to which this Act  is applicable  shall be 
alienated by way of sale, lease, gift, exchange, mortgage or otherwise or no licence for 
the use of any such land or building shall be granted and any alienation  made  or  
licence  granted in contravention of this section shall be null and void: 
 Provided that the restriction under this sub- section to lease shall  not apply in the  
case  of buildings existing on the date of coming force of this Act. 
1[5. Permission in certain cases : - Notwithstanding anything contained in 
section 4, the State Government may subject to such conditions and restrictions as it 
may impose as regards construction, maintenance, management use and like matters 
alienate an area of,- 
 5 
(a)   1223 sq. mt rs at Indira Gandhi Musical Fountain Park to the Bruhat 
Bangalore Mahanagara Palike for the purpose of widening of roads; and 
(b)   1135. 18 sq. mtrs at Lalbagh gardens along the compound wall of west 
gate towards western side of the park (presently called R.V. Road) to 
Bangalore Metro Rail Corporation Limited for the purpose of construction of 
elevated Station for Metro Rail Project of Bangalore”  
(c) 2126.71 sq.mtrs area of Cubbon Park located between Vidhana Soudha 
and Karnataka High Court Building, East : Park area of survey No. 1284; 
West: Survey No. 570; North: Park area in survey No. 1284 linking to the 
nursery and South: Park area of survey No. 1284 opposite to High Court ; 
(d) 11,160 sq.mtrs area of Cubbon Park located between East: High Court of 
Karnataka in survey No. 1284; West: Existing Road between Vidhana 
Soudha, and High Court in the Cubbon Park area of survey No. 1284; North: 
General Post Office and South: Cubbon Park area of survey No. 1284.]
1   
  2[(e) 18028.35 Square meters between High Court B uilding and Old KGID 
Building surrounded by,- 
East: K.G.I.D. Building and High Court Building Security 
fence  120.65 meters. 
West: Ambedhakar Veedhi 170.68 meters. 
North: K.G.I.D. road to Ambedhakar Veedhi. 137.27 meters. 
South: High Court Building and Road leading from 
Ambedhakar Veedhi to High Court Building Security 
fence 170.42 meters.  
  to park the Vehicles of High Court Advocates and visitors]
2. 
1. Inserted by Act 21 of 2010.  Clause (a) and (b) of section 5 shall be deemed to have 
come into force with effect from 22 nd day of November 2008 and clause (c) and (d) of 
section 5 shall come into force w.e.f.17.05.2010. 
2. Inserted by Act 21of 2011 w.e.f. 06.04.2011. 
1[(f)  49 acres and 34 guntas (approximately) consisting of the buildings of 
Vidhana Soudha, Vikasa Soudha and other structures  with the boundaries 
specified hereunder for the purposes of  repairs and other developmental 
works,-    
 6 
North: Starting from Legislature House circle, running 
along the road and ending upto car parking gate. 
South:   Vidhana  Veedhi  road   starting   from  Lokayuktha  
                     office  running along Gopala Gowda circle touching  
                     Police Timmaiah circle. 
East:  Starting   from   Legislature   circle,  running    along  
                     boundary  wall  of  Rajbhavan  and  touching Police  
                     Timmaiah circle. 
West: Starting  from  Lokayukta office  running along M.S.  
                     Building compound and ending at Parking gate]1. 
1. Inserted by Act 58 of 2013 w.e.f. 27.08.2013. 
 
- - - - - 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 7 
KARNATAKA ACT NO. 58 OF 2013 
(First published in the Karnataka Gazette Extra-ordinary on the  Twenty seventh day of 
August, 2013) 
THE KARNATAKA GOVERNMENT PARKS (PRESERVATION) (AMENDMENT) ACT, 
2013 
(Received the assent of the Governor on the  Twenty seventh day of August, 2013) 
 
 An Act further to amend the Karnataka Government Parks (Preservation) Act, 
1975. 
 Whereas, it is expedient further to amend the Karnataka Government Parks 
(Preservation) Act, 1975 (Karnataka Act 23 of 1975), for the purposes hereinafter 
appearing;   
 Be it enacted by the Karnataka State Legislature in the sixty -fourth year of the 
Republic of India, as follows:-  
  1. Short title and commencement. - (1) This Act may be called the Karnataka 
Government Parks (Preservation) (Amendment) Act, 2013. 
 (2) It shall come into force at once. 
       (Section 5, clause (f)  is incorporated in the principal Act) 
2. Amendment of section 5. - In the Karnataka Government Parks 
(Preservation) Act, 1975 (Karnataka Act 23 of 1975) in sect ion 5, after clause (e), the 
following shall be inserted, namely:- 
"(f) 49 acres and 34 guntas (approximately) consisting of the buildings of Vidhana 
Soudha, Vikasa Soudha and other structures  with the boundaries specified hereunder 
for the purposes of  repairs and other developmental works,-    
North: Starting from Legislature House circle, running along the road 
and ending upto car parking gate. 
South: Vidhana Veedhi road starting from Lokayuktha office running 
along Gopala Gowda circle touching Police Timmaiah circle. 
East: Starting from Legislature circle, running along boundary wall of 
Rajbhavan and touching Police Timmaiah circle. 
West: Starting from Lokayukta office running along M.S. Building 
compound and ending at Parking gate.” 
 

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