The KARNATAKA IMPROVEMENT BOARDS ACT, 1976.

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THE KARNATAKA IMPROVEMENT BOARDS ACT, 1976.
ARRANGEMENT OF SECTIONS
Statements of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
IMPROVEMENT BOARDS
3. Establishment and Incorporation of Improvement Boards.
4. Constitution of the Board.
5. Term of office.
6. Casual vacancy.
7. Disqualification for office of membership.
8. Removal of member.
9. Meetings of the Board.
10. Proceedings presumed to be good and valid.
11. Execution of contracts.
12. Duties of Chairman.
CHAPTER IIA
BAGALKOT TOWN DEVELOPMENT AUTHORITY
12A. Constitution and incorporation of Bagalkot Town development Authority.
12B. Action Plan Committee.
12C. High Level Review Committee.
12D. Powers of different authorities.
12E. Appointment of Chief Engineer.
12F. Powers and duties of Chief Engineer.
12G. Powers to remove difficulties.
CHAPTER III
DUTIES AND POWERS
13. Power of Board to undertake works and incur expenditure for development,
improvements, etc.
14. Particulars to be provided for in a Development Scheme or Improvement Scheme.
15. Procedure after preparation of the Scheme.
16. Forwardal of Scheme.
17. Sanction to Scheme and republication in case of modification.
18. Upon sanction, declaration to be published giving particulars of land to be acquired.
19. Levy of betterment tax.
20. Assessment of betterment tax by the Board.
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21. Manner of payment of betterment tax.
22. Recovery of betterment tax.
23. Payment no bar for acquisition under a fresh declaration.
24. Power of Board to take up works for further Development.
25. Crediting betterment tax collected to the funds of the local authority in certain cases.
26. Board to execute schemes within three years.
CHAPTER IV
GENERAL
27. Land vested in a local authority and required by the Board for formation or alteration of
street to be vested temporarily in the Board.
28. Board to exercise powers and functions of local authorities.
29. Streets on completion and open spaces to vest in and be maintained by the local
authority.
30. Board not to sell or otherwise dispose of sites in certain cases.
31. Forming of new extensions or layouts or making new private streets.
32. Alteration or demolition of extension, layout or street.
32A. Prohibition of unauthorised occupation of land.
33. Powers of Board to order work to be carried out or to carry it out itself in default.
CHAPTER V
ACQUISITION OF LAND
34. Board to have power to acquire land by agreement.
35. Provisions applicable to the acquisition of land otherwise than by agreement.
CHAPTER VI
PROPERTY AND FINANCE
36. Power of Government to transfer to Board lands belonging to it or to a local authority.
37. Power of Board to lease, sell or transfer property.
38. Power of Board to borrow.
39. Board Fund, the items to be credited to such Fund and its deposit.
40. Laying of annual estimate of income and expenditure.
41. Board to approve or amend such estimates.
42. Estimates to be submitted to Government for sanction.
43. Supplementary estimates may be prepared and submitted when necessary.
44. Provisions regarding expenditure.
45. Power to make reappropriation.
46. Audit of Accounts.
47. Power of auditor to require production of documents and attendance of persons
concerned.
48. Penalty for disobeying requisition under section 47.
49. Audit Report.
50. Board to remedy defects.
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51. Government to surcharge or charge illegal pay ment or loss caused by negligence or
misconduct.
52. Recovery of surcharge and charge how made.
CHAPTER VII
OFFICERS AND SERVANTS OF THE BOARD
53. Schedule of officers and servants to be submitted for sanction of Government.
54. Appointment by whom to be made.
CHAPTER VIII
CONTROL
55. Control by Government.
56. Action in case of defaults by Board.
57. Power to cancel or modify order, etc.
58. Supersession of the Board.
59. Dissolution of the Board.
60. Penalty for being interested in contracts with the Board.
61. Members and officers to be public servants.
62. Sanction of prosecutions.
63. Fines to be credited to Board Fund.
64. Recovery of sums due.
65. Protection of action taken in good faith.
66. Service of notice.
67. Offences by companies.
68. Effect of other laws.
CHAPTER IX
MISCELLANEOUS
69. Rules.
70. Power of Board to make bye-laws.
71. Rules and bye-laws to be exhibited.
72. Repeal of the Karnataka Ordinance No. 20 of 1975.
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STATEMENTS OF OBJECTS AND REASONS
I
Act 11 of 1976.- In urban areas there have been haphazard growth and development, much
to the detriment of the general public, who have been deprived of even normal civic amenities.
Unless the irregular growth is immediately checked and properly regulated, it will continue to grow
and in course of time the position becomes irre mediable. Existing municipal bodies with their
numerous duties cannot effectively attend to this work. Establishment of separate bodies for the
purpose, therefore, is very necessary. Such bodies can pay concentrated and undivided attention
to this problem.
Also one of the very important items in the Prime Minister's 20 Point Programme is
socialisation of urban lands. Implementation of this programme involves quick and speedy
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process of acquisition of land, formation of lay outs and providing civic amenities and distribution
of sites to the deserving public. The municipal bodies cannot achieve this objective quickly and
expeditiously. A separate body can do the work better.
Having regard to the urgency and importance of the matter an Ordinance was promulgated.
This bill is to replace the Ordinance.
Initially such separate bodies are established in areas with population exceeding one lakh.
Hence this Bill.
(Obtained from L.A. Bill No.10 of 1976.)
II
Amending Act 68 of 1976.- The Karnataka Improvement Boards Act, 1976 was been
promulgated for the Development of areas in planned manner. There is no provision to give
representation to the Scheduled Caste/Scheduled Tribes and also women in the Karnataka
Improvement Boards Act, 1976 with a view to give them representation, a provision made and an
amendment to the Section 4 of the Karnataka Improvement Boards Act, 1976 is proposed.
Hence this Bill.
(Published in the Karnataka Gazetted (Extraor dinary) Part IV-2A dated 23-7-1976 as No.
3586 at page 2)
III
Amending Act 15 of 1981.- Sub-section (1) of section 3 of the Improvement Boards Act,
1976 (Karnataka Act 11 of 1976) provides for the es tablishment of Improvement Boards in urban
areas, that is, local areas within the jurisdiction of local authorities namely, municipal corporation,
municipal council sanitary board or notified area committee.
The proposed amendments are intended to enable the Improvement Board to undertake
development works outside the limits of a local authority wherever necessary,
Hence this Bill.
(Published in the Karnataka Gazetted (Extraordinary) Part IV-2A dated 3-2-1981 as No.99 at
page 2.)
IV
Amending Act 19 of 1984.- According to Section 1 of the Karnataka Improvement Boards
Act 1976 every contract shall be mad eon behalf of the Board by the Chairman. However, no
contract involving an expenditure exceeding Rs.25,000 shall be made except with the previous
sanction of Government. No contract involv ing an expenditure exceeding Rs.10,000 but not
exceeding Rs.25,000 shall be made without the previous sanction of the Improvement Board.
It is considered necessary to delegate greater financial powers to the Improvement Boards
and the Chairman of the Improvement Boards so as to cut down delays in taking up development
schemes. It is proposed to amend section 11 of the Karnataka Improvement Boards Act 1976 so
as to give each Improvement Board the power to sanction a contract involving expenditure upto
Rs.2,00,000 and to give the Chairman the power to sanction a contract upto Rs.50,000.
Further, Section 34 of the Act provides of the Board to enter into an agreement with the
owner of any land or any interest therein whethe r situated within or without the urban area of the
purchase of lease of such land or interest therei n for the purpose of the said Act subject to the
provisions of the Act and with the previous approval of the Government.
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The proposed amendment is intended to delegat e powers to the local officers namely the
Divisional Commissioners and the Deputy Commiss ioners to approve purchase of land by the
Board by agreement so that the Improvement Boards do not have to send every such proposal
to Government for approval. According to the proposed amendment the Board may enter into an
agreement with the previous approval of the D eputy Commissioner of respective Division where
the total area of such land does not exceed five hectares and of the Divisional Commissioner of
the Division where the total area of such land exceeds five hectares but does not exceed ten
hectares.
Hence this Bill.
(Obtained from L.A. Bill No.36 of 1983)
V
Amending Act 34 of 1984.- The problem of encroachments on lands belonging to
Municipalities, Bangalore Development Authority, Improvement Boards and other Local Bodies
has assumed serious proportions. It is necess ary to provide deterrent punishment for such
encroachments.
2. Hence it is proposed to introduce a provision to make encroachment on lands belonging to
the City Improvement Trust Board, Mysore, Village Panchayats, Taluk Boards, Municipal
Councils, Municipal Corporations, Improvem ent Boards and the Bangalore Development
Authority an offence punishable with imprisonment for a term which may extend to three years
and with fine which may extend to five thousand r upees. Further, it is also proposed that any
person who had unauthorisedly occupied land belongi ng to any of the said bodies and who fails
to vacate such land in pursuance of an order under section 5(1) of the Karnataka Public premises
(Eviction of Unauthorised Occupants) Act 1 974, shall on conviction be punished with
imprisonment for a term which may extend to three years and with fine which may extend to five
thousand rupees, and with a further fine which may extend to Rs. 50 per acre of land or part
thereof for every day on which the occupation continues after the date of first conviction. A person
who intentionally aids or abets the commission of these offences shall also be liable to receive
the same punishment. It is proposed to introduce this provision in the following statutes:
(1) The City of Mysore Improvement Act, 1903.
(2) Karnataka Village Panchayats and Local Boards Act, 1959.
(3) Karnataka Municipalities Act, 1964.
(4) Karnataka Municipal Corporations Act, 1976.
(5) Karnataka Improvement Boards Act, 1976.
(6) Bangalore Development Authority Act, 1976.
3. It is also proposed to ex tend the application of Chapter IIIA of the Karnataka Slum Areas
(Improvement and Clearance) Act 1974 to the whole State and to make the Tahsildar of the Taluk
the licensing authority, where there is already no licensing authority.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 6-2-1984 as No.104 at
pages 8-9.)

VI
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Amending Act 13 of 1985.- Bagalkot town will get submerged with the construction of the
Almatti Dam up to a crest level of 1680 feet in the 1st stage of the Upper Krishana Project. The
Almatti Dam is expected to reach the crest level of 1680 feet by June, 1987. Hence Government
has decided to shift the affected portion of Bangalkot town to a higher location and to construct a
new township. It is proposed to constitute a statutory body with statutory powers called the
Bagalkot Town Development Authority. The Authority shall take expeditious steps to shift that
portion of Bagalkot town which is going to be submerged and for this purpose an Action Plan
Committee shall be constituted. There shall also be a High Level Review Committee with the
Chief Minister as Chairman. The Authority sha ll execute the work approved by the Action Plan
Committee and shall comply with the directions issued from time to time by the Action Plan
Committee and the High Level Review Committee. The Chief Engineer of the Bagalkot Town
Development Authority shall be the Chief Executive and Administrative Officer of the Authority.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordi nary) Part IV-2A dated 20-3-1985 as No.151 at
page 10.)
VII
Amending Act 40 of 1986.- It is considered necessary to include the Minister for Urban
Development as one of the members of the High Level Review Committee to review the progress
of works done by the Bagalkot Town Development Authority under Section 12C of the Karnataka
Improvement Boards Act, 1976. An Ordinance was promulgated for the said purpose.
This Bill seeks to replace the said ordinance.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordi nary) Part IV-2A dated 19-8-1986 as No.630
at page 2.)
VIII
Amending Act 12 of 2001.- It is considered necessary to amend the Karnataka
Improvements Boards Act, 1976 (Karnataka Act 11 of 1976) to incorporate section 37A
to provide for Bulk allotment of lands to Group Housing Societies in Bagalkot Town
which is being sub-merged due to rising height of Almatti Dam.
Hence the Bill.
(Vide L.A.Bill No.1 of 2001 File No. ÉâªÀâXµÖE 30 µÖÉâ}â 2000)
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KARNATAKA ACT No. 11 OF 1976
(First published in the Karnataka Gazette Extraordinary on the Eighth day of March,
1976).
THE KARNATAKA IMPROVEMENT BOARDS ACT, 1976
(Received the assent of the Governor on the Second day of March, 1976)
(As Amended by Acts 68 of 1976, 15 of 1981, 19 of 1984, 34 of 1984, 13 of 1985,
40 of 1986 and 12 of 2001)
An Act to provide for the establishment of Improvement Boards for the
development of urban areas in the State of Karnataka and for matters connected
therewith.
W HEREAS it is expedient to provide for the es tablishment of Improvement Boards for
the development of urban areas in the State of Karnataka;
B E it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the
Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the
Karnataka Improvement Boards Act, 1976.
(2) It extends to the whole of the State of Karnataka.
(3) It shall be deemed to have come into force on the twentieth day of November,
1975 in the urban areas comprising the Hubli-Dharwar Municipal Corporation and the
cities of Belgaum, Bellary, Bijapur, Bhadravathi, Davangere, Gulbarga and Shimoga,
and on such date and in such other urban areas as the State Government may, by
notification, specify and different dates may be specified for different urban areas.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
1[(a) ‘Bagalkot Town Area’ means the area comprising the Bagalkot City
Municipality constituted or continued under the Karnataka Municipalities Act, 1964 and
such other area adjacent thereto, as the Government may, from time to time, by
notification specify;.]
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1. Inserted by Act 13 of 1985 w.e.f. 10.10.1984.
2[(aa)]2 ‘Board’ means an Improvement Board established under section 3 for any
urban area 1[and includes the Bagakot Town Development Authority constituted under
section 12-A;]1
1. Inserted by Act 13 of 1985 w.e.f. 10.10.1984.
2. Renumbered by Act 13 of 1985 w.e.f. 10.10.1984.
(b) ‘Chairman’ means the Chairman of the Board;
(c) ‘development', with its grammatical variations means the carrying out of
building, engineering or other operations in, on, over or under the land or the making of
any material change in any building or land and includes re-development but does not
include regulation and development of drinking water and drainage facilities and slum
clearance or slum improvement;
(d) ‘development scheme’ means a scheme prepared and sanctioned under this
Act for purposes of the development of an urban area;
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(e) ‘engineering operations’ includes the formation or laying out of means of
access to a road or the laying out of means of water supply;
(f) ‘Government’ means the State Government;
(g) ‘improvement’ with its grammatica l variations means re-development of any
built up area, whether partly built or fully built for the purpose of improving the
environmental conditions of the locality by undertaking work such as widening of roads
extending or augmenting civic amenities, community facilities, utilities and services but
does not include regulation and development of drinking water and drainage facilities
and slum clearance or slum improvement;
(h) ‘improvement scheme’ means a scheme prepared and sanctioned under this
Act for purposes of the improvement of an urban area;
(i) ‘land’ includes benefits to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth;
(j) ‘local authority’ means a Municipal Corporation, Municipal Council, Sanitary
Board or a Notified Area Committee constituted or continued under any law for the time
being in force;
(k) ‘member’ means a member of the Board;
(l) ‘planning authority’ means a Planning Authority as defined in clause (7) of
section 2 of the Karnataka Town and Country Planning Act, 1961;
(m) ‘section’ means a section of this Act;
(n) ‘street’ has the same meaning as in the Karnataka Municipalities Act, 1964;
(o) ‘urban area’ means any local area which is within the jurisdiction of a local
authority 1[and includes such other area adjacent to the limits of the local authority, as
the Government may, from time to time, by notification, specify.]1
1. Inserted by Act 15 of 1981 w.e.f. 7.4.1981.
(2) All other words and expressions used herein but not defined shall have the
meanings respectively assigned to them in the respective Municipal laws in force in the
area.
CHAPTER II
IMPROVEMENT BOARDS
3. Establishment and Incorporation of Improvement Boards.- (1) As soon as
may be, after the commencement of this Act the Government, may by notification,
establish for the purposes of this Act a Board for any urban area to be called the “The
Improvement Board of ........................".
(2) The Board shall be a body corporate by the name aforesaid having perpetual
succession and a common seal, with power to acquire, hold and dispose of property and
to contract and shall by the said name sue and be sued.
1[(3) The jurisdiction of the Board constituted in respect of any urban area shall stand
extended to such other areas as may be notified under clause (o) of sub-section (1) of
section 2 in respect of such urban area, with effect from the date of such notification.]1
1. Inserted by Act 68 of 1976 w.e.f. 1.12.1976.
4. Constitution of the Board.- The Board shall consist of the following members,
namely:-
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(a) a Chairman who shall be appointed by the Government;
(b) an officer of the Town and Country Planning Department not below the rank of an
Assistant Director of Town and Country Planning appointed by the Government;
(c) the Executive Engineer of the division;
1 [(cc) two persons, of whom one shall be a woman and one shall be a person belonging
to the Scheduled Castes or the Scheduled Tribes, who shall be appointed by the
Government;]
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1. Inserted by Act 68 of 1976 w.e.f. 1.12.1976.
(d) two persons who are ordinarily resident in the urban area for which the Board is
constituted, appointed by the Government; and
(e) two elected representatives of the local authority concerned.
5. Term of office.- (1) Subject to the pleasure of the Government, the Chairman
and other members appointed by the Government shall hold office for a period of three
years:
Provided that the term of office of the representative of the local authority shall come
to an end when he ceases to be a councillor or member or when the local authority is
superseded.
(2) The Chairman or a 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
until his resignation is accepted.
(3) No act or proceeding of the Board shall be invalid by reason only of the existence
of any vacancy or defect in the constitution of the Board.
6. Casual vacancy.- Any casual vacancy in the office of a member other than the
Chairman occasioned by death, resignation or disqualification of such member or
occasioned by virtue of the proviso to sub-section (1) of section 5 shall be filled within
one month of the occurance of the vacancy in the same manner and subject so far as
may be, to the same conditions specified in section 4 1[or section 12-A]1:
1. Inserted by Act 13 of 1985 w.e.f. 10.10.1984.
Provided that the representatives of a superseded local authority shall be nominated
by the Government:
Provided further that the member so chosen or nominated shall continue in office for
the remainder of the term of the member in whose place he is appointed.
7. Disqualification for office of membership.- (1) A person shall be disqualified
for being appointed as and for being 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
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(e) has directly or indirectly by himself or his partner any share or interest in any
work done by the order of the Board or in any contract or employment with or under or
by or on behalf of the Board;
(f) being an elected member ceases to be a councillor or a member of the local
authority concerned;
(g) is employed as paid legal practitioner on behalf of the Board or accepts
employment as legal practitioner against the Board.
(2) A person shall not be disqualified under clause (e) of sub-section (1) or be
deemed 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 Board is inserted.
8. Removal of member.- The Government shall remove a member if,-
(a) he becomes subject to any of the disqualifications mentioned in section 7:
Provided that no member shall be removed on the ground that he has become
subject to the disqualification mentioned in clause (e) of that section, unless he has been
given an opportunity of making his representation aganist the proposal ; or
(b) he refuses to act or becomes incapable of acting; or
(c) he, without obtaining leave of absence from the Board, absents from three
consecutive meetings of the Board; 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 making his representation against the proposal.
9. Meetings of the Board.- (1) The meetings of the Board shall be convened by
the Chairman and shall be held at any place within the jurisdiction of the Board.
(2) The Board shall meet at such times and shall observe such rules of procedure in
regard to the transaction of business at its meetings (including quorum) as may be
provided by the bye-laws.
(3) If, for any reason the Chairman 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 Board 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 Board 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.
10. Proceedings presumed to be good and valid.- No disqualification of or defect
in the appointment of any person acting as Chairman or member shall be deemed to
vitiate any act or proceeding of the Board if such act or proceeding is otherwise in
accordance with the provisions of this Act.
11. Execution of contracts.- (1) Every contract shall be made on behalf of the
Board by the Chairman:
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Provided that,-
(a) no contract involving an expenditure exceeding 1[two lakhs]1 rupees shall be
made except with the previous sanction of the Government;
1. Substituted by Act 19 of 1984 w.e.f. 21.4.1984.
(b) (i) no contract involving an expenditure exceeding 1[fifty thousand] 1 rupees
but not exceeding 1[two lakhs]1 rupees shall, subject to clause (a), be made without the
previous sanction of the Board;
(ii) no estimate or tender involving an expenditure of 1[two lakhs]1 rupees or
more, shall, subject to clause (a), be sanctioned or accepted without the previous
sanction of the Board.
1. Substituted by Act 19 of 1984 w.e.f. 21.4.1984.
(2) Sub-section (1) shall apply to every variation or abandonment of a contract or
estimate.
(3) Every contract made by the Chairman shall, subject to the approval of the Board,
be entered into in such manner and form as may be prescribed.
(4) Any contract not made and executed as provided in this section and the rules
made thereunder shall not be binding on the Board.
12. Duties of Chairman.- The Chairman shall-
(1) attend every meeting of the Board, unless prevented by sickness or other
reasonable cause;
(2) carry into effect the resolutions of the Board;
(3) keep and conduct the Board’s correspondence;
(4) carry out and execute such schemes and works as the Government may require
under sub-section (3) of section 13 and incur, subject to the other provisions of this Act,
necessary expenditure therefor;
(5) exercise supervision and control over the acts and proceedings of all officers and
servants of the Board in matters of executive administration and in matters concerning
the accounts and records of the Board; and to the extent specified in section 54 dispose
of all questions relating to the service conditions of officers and servants, and their pay,
privileges and allowances;
(6) furnish to the Government a copy of the minutes of the Boards’s proceedings and
also furnish any returns or other information which the Government may, from time to
time, call for; and
(7) perform such other duties as are imposed on him by or under this Act.
1[CHAPTER IIA
BAGALKOT TOWN DEVELOPMENT AUTHORITY
12A. Constitution and incorporation of Bagalkot Town Development Authority.-
(1) The Government shall by notification, constitute for the Bagalkot Town Area an
authority to be called the Bagalkot Town Development Authority (hereinafter in this
Chapter referred to as the Authority).
(2) The Authority shall be a body corporate by the name aforesaid having perpetual
succession and common seal, with power to acquire, hold and dispose of property and
to contract and shall by the said name sue and be sued.
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(3) The Authority shall consist of the following members, namely :-
(i) a Chairman who shall be appointed by the Government ;
(ii) the Member of the Parliament representing a part or whole of Bagalkot Town
Area;
(iii) the Members of the Karnataka Legislative Assembly representing a part or
whole of Bagalkot Town Area;
(iv) the President of the City Municipal Council Bagalkot;
(v) the Secretary to Government, Finance Department, Government of
Karnataka, or his nominee ;
(vi) the Secretary to Government, Housing and Urban Development Department,
Government of Karnataka, or his nominee ;
(vii) the Secretary to Government, Public Works, Command Area Development
and Electricity Department, Government of Karnataka, or his nominee ;
(viii) the Chief Engineer, Upper Krishna Project, Dam Zone, Almatti ;
(ix) the Deputy Director of Town Planning, Belgaum ;
(x) the Deputy Commissioner, Bijapur District ;
(xi) three non-official members being residents of Bagalkot Town Area appointed
by the Government ; and
(xii) the Chief Engineer of the Authority who shall be the member-secretary.
(4) The Authority shall execute the works approved by the Action Plan Committee
constituted under section 12-B.
(5) Subject to the provisions of sections 12-A, 12-B, 12-C, 12-D, 12-E, 12-F and 12-
G, the provisions of this Act shall mutatis mutandis apply to the Authority.
12B. Action Plan Committee.- (1) In addition to the other powers and duties of the
Authority under this Act, the Authority shall take expeditious steps to shift that portion of
the Bagalkot Town Area which is to be submerged by the Almatti Dam and for this
purpose, there shall be constituted an Action Plan Committee consisting of the following
members, namely :-
(i) the Additional Chief Secretary to Government of Karnataka who shall be the
Chairman ;
(ii) the Commissioner and Secretary to Government, Revenue Department,
Government of Karnataka ;
(iii) the Secretary to Government, Housing and Urban Development Department,
Government of Karnataka ;
(iv) the Secretaries to Government, Public Works Command Area Development
and Electricity Department Government of Karnataka ;
(v) the Secretary to Government, Finance Department, Government of
Karnataka.
(vi) the Director, Karnataka Engineering Research Station, Krishnaraja Sagar ;
(vii) the Chief Architect to Government of Karnataka ;
(viii) the Director of Town Planning, Government of Karnataka;
(ix) the Chief Engineer, Upper Krishna Project, Dam Zone, Almatti ;
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(x) the Divisional Commissioner, Belgaum Division, Belgaum;
(xi) the Divisional Joint Director, Health and Family Welfare Services, Belgaum
Division, Belgaum; and
(xii) the Chief Engineer of the Authority who shall be the member-secretary.
(2) The Authority shall be bound by the directions, orders and instructions issued
from time to time by the Action Plan Committee or the High Level Review Committee
constituted under section 12C.
12C. High Level Review Committee.- To review the progress of works done by the
Authority there shall be a High Level Review Committee consisting of the following
members, namely :-
(i) the Chief Minister, Karnataka, who shall be the Chairman ;
(ii) the Minister in-charge of Public Works, Karnataka;
(iii) the Minister in-charge of Irrigation, Karnataka ;
(iv) the Minister in-charge of Bijapur District ;
1[(iva) the Minister incharge of Urban Development, Karnataka;] 1
1. Inserted by Act 40 of 1986 w.e.f. 6.6.1986.
(v) the Additional Chief Secretary to Government of Karnataka;
(vi) the Development Commissioner, Government of Karnataka;
(vii) the Secretary to Government, Finance Department, Government of Karnataka ;
(viii) the Secretary to Government, Housing and Urban Development Department,
Government of Karnataka; and
(ix) the Secretary to Government, Public Works, Command Area Development and
Electricity Department, Government of Karnataka, or his nominee who shall be the
member-convener.
12D. Powers of different authorities.- (1) The Chief Engineer of the Authority
(hereinafter referred to in this Chapter as the Chief Engineer) may, on behalf of the
Authority, sanction any estimates, call for tenders or enter into any contract or
agreement the value or amount whereof shall not exceed ten lakhs of rupees 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 or amount whereof exceeds ten lakhs of rupees but
does not exceed fifty lakhs of rupees; and where the value or amount of any estimate,
contract or agreement exceeds fifty lakhs of rupees 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 contract or
agreement referred to in sub-section (1) shall be in writing and shall be signed by the
Chief Engineer and sealed with the common seal of the Authority.
(4) The common seal of the authority shall be in the custody of the Chief Engineer
who shall personally affix the seal to any contract or instrument.
(5) The acceptance of any tender shall be subject to such rules as may be prescribed.
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(6) A contract not made or executed as provided in this section and the rules made
thereunder shall be null and void and shall not be binding on the Authority.
12E. Appointment of Chief Engineer.- (1) The Government shall appoint an officer
not below the rank of a Chief Engineer to be the Chief Engineer of the Authority.
(2) The Chief Engineer shall receive such monthly salary and other allowances as
the Government may from time to time, determine.
(3) The Government may, from time to time, grant leave of absence for such period
as it thinks fit to the Chief Engineer. A copy of every order granting such leave shall be
communicated to the Chairman.
12F. Powers and duties of Chief Engineer.- (1) The Chief Engineer shall be the
Chief Executive and Administrative Officer of the Authority.
(2) The Chief Engineer 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 ;
(b) keep and conduct the Authority’s correspondence ;
(c) carry out and execute such schemes and works as the Government may
direct and incur necessary expenditure therefor ;
(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 servants of the Authority in matters of executive administration and in the
matters concerning the accounts and records of the authority and exercise the powers of
the Chairman under sub-section (1) of section 54 relating to the officers and servants of
the Authority;
(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; and
(i) have all the powers of a major Head of the Department of the State
Government under the Karnataka State Civil Services Rules for the time being in force
as respects the officers and servants of the Authority.
12G. Powers to remove difficulties.- (1) Notwithstanding anything contained in this
Act, if any difficulty arises in giving effect to the provisions of this Act in its application to
the Authority, the Government may, by order, make such modifications to the Act or to
any rule or bye-law made thereunder as it may consider necessary to remove such
difficulty.
(2) Every order made under sub-section (1) shall be laid as soon as may be after it is
made, before each House of the State Legislature while it is in session for a total period
of thirty days which may be comprised in one or more successive sessions and if before
the expiry of the session immediately following the session or the successive sessions,
both Houses agree in making any modification to the order or the annulment of the
order, the order, shall, with effect from the date on which the modification or annulment
15
is notified by the Government in the official Gazette, have effect only in such modified
form or be of no effect as the case may be ; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything done under such order.]1
1. Chapter IIA Inserted by Act 13 of 1985 w.e.f. 10.10.1984.
CHAPTER III
DUTIES AND POWERS
13. Power of Board to undertake works and incur expenditure for development,
improvements, etc.- (1) The Board may, subject to the control of the Government,-
(a) draw up detailed schemes (hereinafter referred to as development schemes
or Improvement Schemes) for the development or improvement or both of the areas
within its limits; and
(b) undertake and execute any such Development Schemes or Improvement
Schemes as may be necessary from time to time and incur expenditure therefor.
(2) The Board may also from time to time make any new or additional development
schemes or Improvement Schemes,-
(i) on its own initiative from its resources; or
(ii) at the request of the local authority concerned, if such local authority places
at the disposal of the Board the necessary funds for framing and carrying out any such
schemes:
Provided that the schemes of the Board referred to in clause (a) of sub-section (1)
and in this sub-section shall be prepared in conformity with the Outline Development
Plan or Comprehensive Development Plan, if any, of the Planning Authority of the area
concerned.
(3) Notwithstanding anything contained in sub-sections (1) and (2) but subject to
conformity with the Outline Development or Comprehensive Development Plans referred
to in sub-section (2), the Government may, when it deems necessary, require the Board
to take up any Development Scheme or Improvement Scheme or work and execute it in
accordance with such terms and conditions as may be specified by the Government.
14. Particulars to be provided for in a development scheme or Improvement
Scheme.- Every development scheme or improvement scheme under section 13,-
(1) shall, within the limits of the area comprised in the scheme, provide for,-
(a) acquisition of any land which, in the opinion of the Board, is necessary for
the execution of the scheme; and
(b) laying or re-laying out of all or any land including the construction and
reconstruction of buildings and the formation and alteration of streets;
(2) may, within the limits aforesaid, provide for,-
(a) raising any land which the Board may deem expedient to raise for the better
drainage of the locality;
(b) forming open spaces for the better ventilation of the area comprised in the
scheme or any adjoining area;
(c) the whole or any part of the sanitary arrangements required;
(d) sites for parks, playgrounds, stadium, recreation grounds, school buildings,
markets, motor vehicles stands, theatres, police stations, post offices, co-operative
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societies, public urinals and latrines, petrol service stations, hospitals, dispensaries,
banks, burial and cremation grounds and sites for public purposes of other kinds;
(3) may, within the limits aforesaid, provide for the construction of houses for the
accommodation of the persons to be displaced in the execution of the scheme and such
accommodation shall be deemed to include shops.
15. Procedure after preparation of the scheme.- (1) When any development
scheme or improvement scheme has been prepared, the Board shall prepare a draft of a
notification stating the fact of a schem e having been made and naming a place where
the particulars of the scheme, a map of the area comprised therein and a statement
specifying the land which it is proposed to acquire and of the land in regard to which it is
proposed to recover a betterment tax may be seen at all reasonable hours and shall,-
(a) communicate a copy of such notification to the local authority concerned
which shall, within sixty days from the date of receipt thereof, forward to the Board, for
transmission to the Government as hereinafter provided, any representations which the
local authority may think fit to make with regard to the scheme; and
(b) cause a copy of the said notification to be published in the official Gazette
and affixed in some conspicuous part of the Board’s office, the Deputy Commissioner’s
office, the office of the local authority concerned and in such other places as the Board
may consider necessary.
(2) If no representations is received from the local authority within the time specified
in the communication under clause (a) of sub-section (1), the concurrence of the local
authority to the proposal shall be deemed to have been given.
(3) During the thirty days next following the day on which such notification is
published in the official Gazette, the Board shall serve a notice on every person whose
name appears in the assessment list of the local authority within the local limits of whose
jurisdiction the area comprised in the scheme is situated 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 it is proposed to acquire in executing the scheme requiring such
person to show cause within thirty days why such acquisition of the building or the land
and the recovery of the betterment tax as specified in the notice should not be made.
16. Forwardal of scheme.- (1) Upon compliance with the foregoing provisions with
respect to the publication and service of notices of the Scheme, the Board shall, after
consideration of any representation received under section 15 and after making such
modifications in the scheme as it may deem fit, apply to the Government for sanction to
the scheme.
(2) The application for sanction shall, save in the case provided for by sub-section
(3), be accompanied, by,-
(a) a description with full particulars of the scheme including the reasons for any
modifications made 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 (1) of section 15;
(e) a schedule showing the rateable value, entered in the assessment list of the
local authority at the date of the publication of a notification relating to the land under
17
section 15, or the land revenue assessment of all land specified in the statement under
clause (c); and
(f) such further particulars, if any, as may be prescribed.
(3) When under any development scheme or improvement scheme provision is
made for the construction of houses the Board may, after complying with the provisions
of section 15, submit to the Government for sanction plans and estimates for the
construction of such houses and on receipt of such sanction the provisions of section 17
shall, with all necessary modifications be applicable to the part of the scheme providing
for the construction of such houses, as if such part were the scheme.
17. Sanction to scheme and republication in case of modification.- (1) The
Government may sanction either with or wit hout modification or may refuse to sanction
or may return for reconsideration, a development scheme or improvement scheme
submitted to it under section 16.
(2) If a scheme returned for reconsideration under sub-section (1) is modified by the
Board, the Board shall, if the modification affects the boundaries of the area comprised
in the scheme or involves the acquisition of any land not previously proposed to be
acquired, publish the modified scheme in the manner specified in section 15.
18. 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 Board 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 Board shall, upon the publication of the said declaration proceed
to execute the scheme.
(4) If at any time it appears to the Boar d that an

Excerpt shown. Open the full act in Lexace.

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