The BANGALORE DEVELOPMENT AUTHORITY ACT, 1976

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1976: KAR. ACT 12] Bangalore Development Authority 99
THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976
ARRANGEMENT OF SECTIONS
STATEMENT OF OBJECTS AND REASONS
Section:
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
THE BANGALORE DEVELOPMENT AUTHORITY
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 different authorities.
11. Authority may compromise claims by or against it.
12. Appointment of Commissioner.
12A. Appointment of Secretary.
13. Powers and duties of the Commissioner.
14. Objects of the Authority.
CHAPTER III
DEVELOPMENT SCHEMES
15. Power of Authority to undertake works and incur expenditure for
development, etc.
16. Particulars to be provided for in a development scheme.
17. Procedure on completion of scheme.
18. Sanction of scheme.
19. Upon sanction, declaration to be published giving particulars of land to be
acquired.
20. Levy of betterment tax.
Bangalore Development Authority [1976: KAR. ACT 12 100
21. Assessment of betterment tax by the Authority.
22. Manner of payment of betterment tax.
23. Recovery of betterment tax.
24. Payment, etc., no bar to future acquisition.
25. Power of Authority to take up works for further development.
26. Crediting betterment tax collected to the funds of the Corporation in certain
cases.
27. Authority to execute the scheme within five years.
28. Land vested in Corporation and required by the Authority for formation of
street to be vested temporarily in the Authority.
28A. Duty to maintain streets etc.
28B. Levy of tax on lands and buildings.
28C. Authority is deemed to be a Local authority for levy of cesses under certain
Acts.
29. Authority and Chairman to exercise powers and functions under Karnataka
Act 14 of 1977.
30. Streets on completion to vest in and be maintained by Corporation.
31. Authority not to sell or otherwise dispose of sites in certain cases.
32. Forming of new extensions or layouts or making new private streets.
33. Alteration or demolition of extension, layout or street.
33A. Prohibition of unauthorised occupation of land.
34. Power of Authority to order work to be ca rried out or to carry it out itself in
default .
CHAPTER IV
ACQUISITION OF LAND
35. Authority to have power to acquire land by agreement.
36. Provisions applicable to the acquisition of land otherwise than by
agreement.
CHAPTER V
PROPERTY AND FINANCE
37. Power of Government to transfer to the Authority lands belonging to it or to
Corporation, etc.
38. Power of Authority to lease, sell or transfer property.
38A. Grant of area reserved for civic amenities etc.
1976: KAR. ACT 12] Bangalore Development Authority 101
38B. Power of authority to make bulk allotment.
38C. Power of authority to make allotment in certain cases.
39. Power of Authority to borrow.
40. Development Fund and the items to be credited to such fund.
41. Application of the Bangalore Development Fund.
42. Laying of annual estimate of income and expenditure.
43. Authority to approve or amend such estimate.
44. Estimates to be submitted to Government for sanction.
45. Supplementary estimates may be prepared and submitted when necessary.
46. Provisions regarding expenditure.
47. Accounts and Audit.
47A. Reports.
48. Power of auditor to require production of documents and attendance of
person concerned.
CHAPTER VI
OFFICERS AND SERVANTS OF THE AUTHORITY
49. Schedule of officers and servants to be submitted for sanction of
Government.
50. Appointments, etc., by whom to be made.
CHAPTER VII
ART COMMISSION
51. Constitution of Art Commission.
CHAPTER VIII
MISCELLANEOUS
52. Powers of entry.
53. Directions by the Authority.
54. Offences by companies.
55. Fines when realised to be credited to the Bangalore Development Fund.
56. Composition of offences.
57. Omitted
58. Members and officers to be public servants.
59. Jurisdiction of courts.
60. Sanction of prosecution.
Bangalore Development Authority [1976: KAR. ACT 12 102
61. Protection of action taken in good faith.
62. Power to delegate.
62A. Appeal against assessment etc.
63. Revision.
64. Notice of suit against the Authority.
65. Government’s power to give directions to the Authority.
65A. Transfer of employees.
65B. Submission of copies of resolution and Governments's power to cancel the
resolution or order.
66. Default in performance of duty.
67. Amendment of Karnataka Town and Country Planning Act, 1961
68. Housing Board not to undertake any Housing Scheme after the
commencement of this Act.
69. Power to make rules.
70. Power to make regulations.
71. Power to make bye-laws.
72. Penalty for breach of the provisions of Act.
73. Act to override other laws.
74. Removal of difficulties.
75. Dissolution of the Authority.
76. Repeal and savings.
77. Repeal of Karnataka Ordinance No. 29 of 1975.
*****
STATEMENT OF OBJECTS AND REASONS
I
Act 12 of 1976.- At the conference of the Ministers for Housing and Urban
Development held at Delhi in Novem ber 1971, it was agreed that a common
Authority for the development of metropolitan cities should be set up.
Bangalore City with its population (as per last census) is a Metropolitan City.
Different Authorities like the City of B angalore Municipal Corporation, the City
Improvement Trust Board, the Karnataka Industrial Area Development Board, the
Housing Board and the Bangalore City Planning Authority are exercising jurisdiction
over the area. Some of the functions of these bodies like development, planning,
etc., are overlapping creating thereby avoi dable confusion, besides hampering co-
1976: KAR. ACT 12] Bangalore Development Authority 103
ordinated development. It is, therefore, c onsidered necessary to set up a single
authority like the Delhi Development Authority for the city areas adjacent to it which
in course of time will become part of the City.
For the speedy implementation of the abov e said objects as also the 20 point
programme and for establishing a co-ordinating Central Authority, urgent action was
called for. Moreover the haphazard and i rregular growth would continue unless
checked by the Development Authority and it may not be possible to rectify or
correct mistakes in the future.
If was therefore necessary to issue t he measure in the form of an Ordinance.
The Bill seeks to replace the said Ordinance.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 688 dated
5.2.1976. at page 45)
II
Amending Act 8 of 77.- The Bangalore Development Authority Act, 1976 came
into force on the 20th day of December 1975. There is no provision under this Act
for the reservation of seats for persons belonging to the scheduled castes,
scheduled tribes and for women in the Bangalor e Development Authority. It is also
considered desirable to delegate to t he Engineering Staff of the Bangalore
Development Authority powers of scrutinising estimates to the same extent to which
such powers have been delegated to the Engi neering Staff of the Public Works
Department so as to ensure quick implementation of development schemes.
As a number of housing schemes have been taken up in the Bangalore City by
the Housing Board before the commencement of the Act, it is desirable to permit the
Housing Board to execute these works in accordance with the said scheme. The
Housing Board can also be permitted to take-up scheme in an area within the
purview of the Bangalore Development Area, in conformity with the lay out plan of
the Bangalore Development Authority. Claus e (k) of Section 3(ii) refers to the
Karnataka Road Transport corporation wher e the correct nomenclature of this
Corporation is the Karnataka State Road Transport Corporation. This requires to be
modified.
With a view to giving representati on to persons belonging to Scheduled Castes
and Scheduled Tribes as also to women, to delegate the financial powers to the
Engineering members and officers for scrutin ising the estimates, to indicate the
correct nomenclature of the Karnataka State Road Transport Corporation and to
enabling the Karnataka Housing Board to undertake the housing activities in
Bangalore Development Authority [1976: KAR. ACT 12 104
Bangalore, necessary amendments to the Bangalore Development Authority Act,
1976 are proposed.
Hence this Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 239 dated
28.3.1977 at page 4)
III
Amending Act 18 of 1981.- Due to his being burdened with very heavy
administrative and the executive respons ibilities the Chairman of the Bangalore
Development Authority was not able to provide the necessary leadership with
regard to policy matters of the Bangalor e Development Authority. Government
therefore considered that it was necessary in the interest of the better administration
of the Authority to appoint a senior officer of the rank of a Secretary to Government,
as Commissioner of the Authority for the purposes of the better and more effective
administration of the Bangalore Development Authority so as to leave sufficient time
to the Chairman to guide the proceedings of the Authority. As the matter was urgent
an Ordinance was issued for the said purposes.
The Bill seeks to replace the said Ordinance.
(Obtained from L.A Bill No. 12 of 1981.)
IV
Amending Act 37 of 1982.- In the Bangalore Development Authority Act. 1976
there is no provision for transfer of the employees of the Authority. It is now
proposed to transfer any officer or servant of the Authority to an equivalent post in
any Municipal Corporation or Municipal council. Powers have been conferred on
the State Government to issue directions in this behalf for compliance by the Local
Authority. It is also considered necessary to have a representative from the
Administrative Department, namely Housing and Urban Development Department
as a member of the said Authority.
Hence the Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 817 dated
24.11.1982 at page 3.)
V
Amending Act 17 of 1984.- There is no provision in the Bangalore Development
Authority Act making it obligatory on the part of the Authority to reserve any area for
civic amenities and public parks and playgrounds . There is also no provision in the
Bangalore Development Authority Act prohibiting the allotment or diversion of areas
or sites reserved for civic amenities, parks or playgrounds, for other purposes.
1976: KAR. ACT 12] Bangalore Development Authority 105
The Committee on Public Accounts in the Third Report (1979-80) has observed
that many of the Boards and Corporati ons do not furnish their accounts for being
presented to the Legislature after audit.
It is therefore considered necessary to amend the Act providing for the
following:-
(a) to define the term "civic amenity" ;
(b) that at least fifteen percent of the total area of a layout should be
reserved for public parks and playgrounds and an additional ten percent should be
reserved for civic amenities ;
(c) that the authority shall not have the power to dispose of sites reserved
for parks, play grounds and other civic amenities for any other purposes;
(d) fixing the responsibility on the Commissioner for the maintenance of
accounts, the preparation of the annual st atement of accounts and sending them to
the State Government ;
(e) requiring the State Government for getting the accounts audited to
place them before the Legislature ; and
(f) to enhance the power of the Chairman under section 50.
Hence this Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. .47 dated
18.1.1984 at page 5.)
VI
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 necessary 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 Tr ust Board, Mysore, Village Panchayats,
Taluk Boards, Municipal Councils, Munici pal Corporations, Improvement 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 rupees. Further, it is also proposed that any person who had
unauthorisedly occupied land belonging 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 1974, shall on conviction
be punished with imprisonment for a term which may extend to three years and with
a further fine which may extend to Rs.50 per acre of land or part thereof for every
Bangalore Development Authority [1976: KAR. ACT 12 106
day on eviction. 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 Panchay ats and Local Boards Act, 1959.
(3) Karnataka Municipal 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 extend the application of Chapter III A 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 the Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 104 dated
6.2.1984 at page 9.)
VII
Amending Act 34 of 1986.- Under section 10 of the Bangalore Development
Authority Act, the Commissioner has been empowered to sanction any estimate
etc., if the value not exceeding one lakh rupees and the Authority may sanction any
estimate etc., of the value exceeding r upees five lakhs. Now it is proposed to
enhance this outer limit to rupees twenty lakhs and rupees fifty lakhs respectively.
2. Provision has been made to make the Commissioner of the Corporation of
the City of Bangalore as ex-officio member of the Authority in place of an officer of
the Health and Family Welfare Department.
3. At present the Commissioner has no discretion in implementing any
resolution of the Authority even if such resolution contravenes any provision of the
Act or any other law for the time being in force. It is proposed to empower the
Commissioner to submit such resolution to Government for orders and not to
implement such resolution etc., till he re ceives the orders of the Government
thereon.
4. Provision has been made for submissi on of copies of resolutions to the
Government and to empower the Government to cancel the resolution or order or
repeal any resolution or bye-law.
5. Opportunities are also taken to make certain consequential amendments.
1976: KAR. ACT 12] Bangalore Development Authority 107
6. As the Karnataka Legislative Counc il was not in session and as the matter
was very urgent, the Bangalore Developm ent Authority (Amendment) Ordinance,
1986 (Karnataka Ordinance 6 of 1986) was promulgated.
This Bill seeks to replace the said Ordinance.
Hence this Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 626 dated
19.8.1986 at page 6.)
VIII
Amending Act 11 of 1988.- With a view to make the definition of 'civic amenity'
more comprehensive and to provide for allotm ent of Civic Amenity sites not only to
Government and Local bodies, but also to private organisations doing yeoman
service to the public, amendment to clause (b) of section 2 is proposed.
Having regard to the nature of his dutie s the Secretary, Bangalore Development
Authority, who is now an almost permanent invitee to the meeting of the Bangalore
Development Authority, is proposed to be given statutory status and to be made ex-
officio member. So it is proposed to amend section 3 and to insert a new section 12-
A.
Hence the Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 71 dated
5.2.1988 at page 4.)
IX
Amending Act 18 of 1991.- The Bangalore Development Authority Act, 1976
was amended with effect from the twenty first day of April, 1984 and clause (bb)
was inserted in section 2, defining the civic amenities. Section 38A was also
inserted by the same amendment prohibiti ng the use of area reserved for Parks,
Playgrounds and civic amenities for other purposes. But even after the aforesaid
amendment, the Bangalore Development Author ity allotted civic amenity sites for
purposes other than those enumerated in claus e (bb) of section 2, like mosques,
churches, temples, private schools etc. T he allotment of civic amenity sites for
purposes other than those enumerated in clause (bb) were questioned in the High
Court and the same was quashed on the ground that the Authority could not allot for
such purposes. Representations were made to the Government and accordingly the
Bangalore Development Authority Act was amended on seventh day of May, 1984
substituting clause (bb) with effect from the twenty first day of April, 1984 enlarging
the definition of civic amenities, But t he allotments made during the period from
twenty first day of April, 1984 and the sev enth day of May, 1988, for purposes other
Bangalore Development Authority [1976: KAR. ACT 12 108
than those specified in clause (bb) as existed earlier were not saved by the 1988
amendments. It is considered necessary to validate such allotments, if site is used
for the purpose for which it is allotted.
As the matter was urgent, the Bangalor e Development Authority (Amendment )
Ordinance 1991 was promulgated.
This Bill seeks to replace the said Ordinance.
Hence this Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 121 dated
20.3.1991 at page 127.)
X
Amending Act 6 of 1993.- The Bangalore Development Authority has been
levying tax on land and building and also certain cesses on such tax on the strength
of the power conferred on it under se ction 29 of the Bangalore Development
Authority Act, 1976. The High Court in W.P. No. 4394 of 1988 and other connected
matters has held that the Authority is not discharging municipal functions like
maintaining public streets, supply of drinki ng water etc. It has further held that there
is no specific provision to levy tax and fees. Accordingly the Writ Petition was
allowed and the Authority was directed to refund the tax. This decision was
confirmed in Writ Appeal No. 223 to 239 of 1992, with the result the Authority had to
refund the tax levied and collected alr eady unless suitable amendments are made
in the Act.
The Bangalore Development Authority is in fact maintaining the streets and
providing certain civic amenities within its jurisdiction. In the circumstances it was
considered necessary to amend the Bangalore Development Authority Act, 1976.
(i) to specifically impose a duty on the Authority to maintain, keep in repair,
light and cleanse street:
(ii) to empower the Authority to levy tax on land and buildings ;
(iii) to declare the Authority as a local authority for the purpose to levy and
collection of certain cesses ;
(iv) to validate the levy and collection of tax on land and building and cesses on
such tax.
Since, the matter was urgent and both t he Houses were not in session the above
amendments were carried out by promul gation of the Bangalore Development
Authority (Amendment) Ordinance, 1992.
This Bill seeks to replace the said ordinance.
(Obtained from L.A. Bill No 3 of 1993.)
1976: KAR. ACT 12] Bangalore Development Authority 109
XI
Amending Act 17 of 1994.- Some of the bulk allotments made by the Authority
in favour of the State and Central Gove rnment Organisations, House Building Co-
operative Societies etc., have been quashed by the High Court of Karnataka in
various Writ Petitions because there is no provision in the Act for making bulk
allotment. Therefore, it was consi dered necessary to amend the Bangalore
Development Authority Act,-
(i) to take power to make bulk allotment;
(ii) to validate bulk allotment made earlier.
Opportunities are also taken to make certain consequential amendments.
Hence this Bill.
(Obtained from a L.A. Bill No 36 of 1993.)
XII
Amending Act 26 of 1995.- The Bangalore Development Authority Act, 1976,
provides for appointment of an engineer who shall be an officer of the Karnataka
Engineering Service not below the rank of a Chief Engineer to the Bangalore
Development Authority.
It is considered necessary to provide either for appointment of an engineer as
above, or appointment of an engineer who is an officer employed in any undertaking
owned or controlled by the State Government.
Hence the Bill.
(Obtained from L.A. Bill No 20 of 1995 )
XIII
Amending Act 1 of 2000.- It is considered necessary to amend the Bangalore
Development Authority Act, 1976, to prov ide for allotment of lands vested in
Bangalore Development Authority or acquired by it, to the original owner or any
other person who is in occupation of the land or has putup structure on the land
which is in his occupation on the date of commencement of the Amendment subject
to the condition of his paying the amount fix ed by the Authority in cases where the
Authority after carrying out a survey is of the opinion that the land so occupied
cannot be used by it on account of existing structure or building thereon or it is not
practicable to include such land for the purpose of development scheme or
formation of site.
Hence the Bill.
Bangalore Development Authority [1976: KAR. ACT 12 110
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 302 dated
31.3.1999 at page 4.)
XIV
Amending Act 22 of 2000.- Note.- By this Act certain obsolete enactments
were repealed, while doing so some minor consequential amendments were made
to some Acts including Act 12 of 1976.
(Obtained from L.A. Bill No 17 of 2000.)
XV
Amending Act 19 of 2002.- The Bangalore Development Authority was
levying and collecting property Tax on lands and buildings on the strength of
a notification issued under section 29 of the Bangalore Development
Authority Act, 1976. Levy and collection of tax by the Bangalore
Development Authority was challenged before the High Court in Writ
Petition No:4394-4410/1988. The Single Judge of the Court held that,-
(a) the Bangalore Development Authority has no power to levy and
collect property tax as the Bangalore Development Authority Act has not
authorised the Bangalore Development Authority to levy and collect such
Tax;
(b) the property tax is service related and as the Bangalore
Development Authority has not rendered any service to the property owners
it is not legally permissible to levy such Tax, and
(c) the tax collected has to be refunded.
The said order was confirmed in Appeal in Writ Appeal No.223-
39/1992 by a Division Bench of the High Court.
In order to remedy the defect and to validate the levy Amendment Act
was enacted in 1993 introducing new sections 28A, 28B and 28C along with
a validating provision. The said Amendment Act was challenged before the
High Court in Writ Petition No.5173/1993 on the ground that it suffered from
the vice of excessive delegation and is arbitrary and violative of Article 14 of
the constitution. The High Court by its order dated 4.4.97 negatived all
those contentions. Against that order a Special Leave Petition was filed
before the Supreme Court, in Civil Appeal No.7791-1997 by Shri B.Krishna
Bhat.
1976: KAR. ACT 12] Bangalore Development Authority 111
The Supreme Court has upheld the validity of Section-28A to 28C of
the Bangalore Development Authority Act, 1976, which were incorporated
by 1993 Amendment Act. But it has set-aside Section 7 of the Amendment
Act which provided for validation of collection of property tax made by the
Bangalore Development Authority prior to the date of amendment on the
ground that validation of such collection is impermissible. Further, it has also
held that the tax already collected is liable to be refunded.
The decision of the Supreme Court is based on the finding of the High
Court of Karnataka that the Bangalore Development Authority is not
authorised to levy property Tax since, it is not performing municipal
functions. However, the Bangalore Development Authority has been
providing most of the Civic Amenities provided by the local authority in the
layouts formed by it. In practice, Bangalore Development Authority was
discharging municipal functions in respect of its layouts till they were handed
over to either Bangalore Mahanagara Palike or the concerned City
Municipal Councils.
In the circumstances, apprehensions are that there will be innumerable
requests for refund of tax in accordance with the Supreme Court
Judgement, which would be impossible for the Bangalore Development
Authority to concede to such requests. In order to overcome such a
situation, it is considered necessary to amend the Bangalore Development
Authority Act, 1976 and the City of Bangalore Improvement Act, 1945 to
validate the collection of tax keeping in view the observations of the Apex
Court.
Hence the Bill.
(L.A. Bill No. 3 of 2002)
XVI
Amending Act 19 of 2005.- It is considered necessary to amend section
10 of the Bangalore Development Authority Act, 1976 to empower the
Commissioner, Bangalore Development Aut hority, to sanction estimates upto
rupees fifty lakhs and to empower Bangalor e Development Authority, where the
amount exceeds rupees fifty lakhs but does not exceed such amount as may be
specified by the State Government by notification.
Hence the Bill.
(LA Bill No. 7 of 2005)

* * * *
Bangalore Development Authority [1976: KAR. ACT 12 112
KARNATAKA ACT NO. 12 OF 1976.
(First published in the Karnataka Gazette Extraordinary
on the Eighth day of March 1976)
THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976.
(Received the assent of the Governor on the Second
day of March 1976)
(As Amended by Acts 8 of 1977, 18 of 1981, 37 of 1982, 17 of 1984, 34
of 1984, 34 of 1986, 11 of 1988, 18 of 1991, 6 of 1993, 17 of 1994, 26 of
1995, 1 of 2000, 22 of 2000, 19 of 2002 and 19 of 2005)
An Act to provide for the establishment of a Development Authority
for the development of the City of Bangalore and areas adjacent
thereto and for matters connected therewith.
W HEREAS it is expedient to provide for the establishment of a
Development Authority for the development of the City of Bangalore and
areas adjacent thereto and for matters connected therewith ;
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 and commencement.- (1) This Act may be called the
Bangalore Development Authority Act, 1976.
(2) It shall be deemed to have come into force on the twentieth day of
December, 1975.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) 'Authority' means the Bangalore Development Authority constituted
under section 3 ;
(b) ‘amenity’ includes road, street, lighting, drainage, public works and
such other conveniencess as the Government may, by notification, specify
to be an amenity for the purposes of this Act ;
1[(bb) 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 maternity 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;
1976: KAR. ACT 12] Bangalore Development Authority 113
(iii) a centre for educational, social or cultural activities
established by the Central Government or the State 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, an area office or a service station of the
Corporation or the Bangalore Water Supply and Sewerage Board or the
Karnataka Electricity Board ; and
(vi) such other amenity as the Government may, by notification,
specify ;]
1
1. Inserted by Act 17 of 1984 w.e.f. 21-4-1984 and substituted by Act 11 of 1988 w.e.f. 21-4-1984.
(c) ‘Bangalore Metropolitan Area’ means the area comprising the City of
Bangalore as defined in the City of Bangalore Municipal Corporation Act,
1949 (Mysore Act 69 of 1949), the areas where the City of Bangalore
Improvement Act, 1945 (Mysore Act 5 of 1945) was immediately before the
commencement of this Act in force and such other areas adjacent to the
aforesaid as the Government may from time to time by notification specify;
(d) ‘betterment tax’ means the tax payable under section 20 in respect
of an increase in the value of land resulting from the execution of a
development scheme ;
(e) ‘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;
(f) ‘building operations’ includes rebuilding operations, structural
alterations of or additions to buildings and other operations normally
undertaken in connection with the construction of buildings;
(g) ‘bye-laws’ means bye-laws made by the Authority under this Act ;
(h) 'Chairman' means the chairman of the Authrotiy;
1[(hh) 'Commissioner' means the Commissioner appointed under
section 12;]1
1. Inserted by Act 18 of 1981 w.e.f. 30-12-1980.

Bangalore Development Authority [1976: KAR. ACT 12 114
(i) ‘Corporation’ means the 1[Corporation of the City of Bangalore;]1
1. Substituted by Act 34 of 1986 w.e.f. 7-10-1986.
(j) ‘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 any material change in any building or land and includes
redevelopment ;
(k) 'engineering operations', means formation or laying out of means of
access to road ;
(l) ‘Government’ means the State Government ;
(m) 'land' includes benefits to arise out of land and things attached to the
earth or permanently fastened to anything attached to the earth ;
1[(n) ‘ local authority’ means a municipal corporation or a municipal
council constituted or continued under any law for the time being in force;]1
1. Substituted by Act 37 of 1982 w.e.f.31-12-1982.
(o) ‘means of access’ includes any means of access whether private or
public, for vehicles or for foot passengers, and includes a road ;
(p) ‘regulation’ means regulations made by the Authority under this Act;
(q) ‘street’ includes any highway and any causeway, bridge, aqueduct,
arch, road, lane, footway, square, court, alley or passage, whether a
thoroughfare or not ;
(r) ‘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 construction 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 ;
1976: KAR. ACT 12] Bangalore Development Authority 115
(s) all other words and expressions used herein but not defined shall
have the meaning respectively assigned to them in the City of Bangalore
Municipal Corporation Act, 1949.
CHAPTER II
THE BANGALORE 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 Bangalore Metropolitan Area an Authority to
be called the Bangalore 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 1[or an officer employed in any undertaking owned or
controlled by the State Government] 1 not below the rank of a Chief Engineer
;
1. Inserted by Act 26 of 1995 w.e.f. 5-10-1995.
(d) a town planner who shall be a person with experience in town
planning ;
(e) a person with experience in architecture ;
1[(f) the Commissioner, Corporation of the City of Bangalore, ex-
officio;]1
1. Substituted by Act 34 of 1986 w.e.f. 6-6-1986.
1 [(ff) an officer of the Secretariat Department incharge of urban
development, not below the rank of a Deputy Secretary to Government.]1
1. Inserted by Act 37 of 1982 w.e.f. 31-12-1982.
(g) two persons who are members of the Karnataka State
Legislature;
1[(gg) two persons of whom one shall be woman and one shall be a
person belonging to the Scheduled Castes or the Scheduled Tribes;]1
1. Inserted by Act 8 of 1977 w.e.f. 4-3-1977.
Bangalore Development Authority [1976: KAR. ACT 12 116
1[(h) four others of whom one shall represent the labour ;] 1
1. Substituted by Act 8 of 1977 w.e.f. 4-3-1977.
(i) a representative of the Bangalore Water Supply and Sewerage
Board ;
(j) a representative of the Karnataka Electricity Board ;
1[(k) a representative of the Karnataka State Road Transport
Corporation;]1
1. Substituted by Act 8 of 1977 w.e.f. 4-3-1977.
(l) two persons elected by the councillors of the Bangalore City
Corporation from among themselves in the prescribed manner :
Provided that during the period of supersession of the Corporation or
where any Administrator has been appointed, the two persons shall be
nominated by the Administrator from among the officers of the
Corporations.
1 [(m) the Commissioner, ex-officio;.] 1
1. Inserted by Act 18 of 1981 w.e.f. 30-12-1980.
1 [(n) the Secretary of the Authority, who shall be an ex-officio
member.]1
1. Inserted by Act 11 of 1988 w.e.f. 7-5-1988.
(4) The persons referred to in 1[clauses (a) to (e) and (ff) to (h)] 1 of sub-
section (3) (both inclusive) shall be appointed by the Government and the
persons referred to in clauses (i), (j) and (k) thereof shall be nominated by
the respective bodies :
1. Substituted by Act 34 of 1986 w.e.f. 6-6-1986
Provided that all the first members of the Authority shall be appointed by
the Government,
(5) The Chairman, the engineer member, 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 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
1976: KAR. ACT 12] Bangalore Development Authority 117
(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 ;
(f) being an elected member ceases to be a councillor of the
Corporation; or
(g) is employed as paid legal practitoner 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 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 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.
Bangalore Development Authority [1976: KAR. ACT 12 118
(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 that
section, 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 there 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, be eligible for reappointment as a
member.
8. Meetings of the Authority.- (1) The meetings of the Authority shall
be convened by the Chairman and 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) as 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.
1976: KAR. ACT 12] Bangalore Development Authority 119
(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 different authorities.- (1) The 1[Commissioner]1 may, on
behalf of the Authority, sanction any estimate, call for tenders or enter into
any contract or agreement the value or amount whereof shall not exceed
2[fifty lakhs]2 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.
1. Substituted by Act 18 of 1981 w.e.f. 30-12-1980.
2. Substituted by Act 34 of 1986 w.e.f. 6-6-1986 and again substituted by Act 19 of 2005 w.e.f.
1.6.2005.
(2) The Authority may sanction any estimate, call for tenders or enter
into any contract or agreement the value whereof exceeds 1[fifty lakhs]1 of
rupees but 2[does not exceed such amount as may be specified by the
Government, from time to time] 2 and where the value of any estimate,
contract or agreement 2[exceeds the amount so specified] 2 the same shall
not be entered into except with the previous sanction of the Government.
1. Substituted by Act 34 of 1986 w.e.f. 6-6- 1986 and again substituted by Act 19 of 2005 w.e.f.
1.6.2005..
2. Substituted by Act 17 of 1994 w.e.f. 31-3-1994.
(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
1[Commissioner]1 and sealed with the common seal of
the Authority.
1. Substituted by Act 18 of 1981 w.e.f. 30-12-1980.
Bangalore Development Authority [1976: KAR. ACT 12 120
(4) The common seal of the Authority shall be in the custody of the
2[Commissioner]2, who shall personally affix the seal to any contract or other
instrument.
1. Substituted by Act 18 of 1981 w.e.f. 30-12-1980.
(5) The acceptance of any tender shall be subject to such rules as may
be proscribed.
(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.
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 shall
deem s

Excerpt shown. Open the full act in Lexace.

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