LexThe BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY ACT, 1985
Karnataka · state statute
Open in Lexace · Ask the AI about this act Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
230
THE BANGALORE METROPOLITAN REGION DEVELOPMENT
AUTHORITY ACT, 1985
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons
Sections:
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
THE BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY
3. Constitution and incorporation of the Authority.
4. Term of office and conditions of service of members.
5. Meetings of the Authority.
6. Executive Committee.
7. Appointment of other committees.
8. Officers and servants.
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
9. Powers and functions of the Authority.
10. No other authority or persons to undertake certain development
without permission of the Authority.
CHAPTER IV
FINANCE, ACCOUNTS, AND AUDIT
11. Authority's Fund.
12. Budget.
13. Annual report.
14. Subventions and loans to the Authority.
15. Power of Authority to borrow.
16. Accounts and audit.
CHAPTER V
MISCELLANEOUS
17. Powers of entry.
18. Directions by the Authority.
19. Metropolitan Commissioner to attend m eetings of corporation, BDA
and BWSSB.
20. Penalty for breach of the provisions of the Act.
21. Offences by companies.
22. Fines realised to be credited to the Fund.
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
231
23. Members and officers to be public servants.
24. Protection of action taken in good faith.
25. Power to delegate.
26. Revision.
27. Government's power to give directions to the Authority.
28. Act to over-ride other laws.
29. Power to make rules.
30. Regulation.
31.
Amendment of the Karnataka Town and Country Planning Act, 1961.
Summary of Amendments
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 39 of 1985. - There is no proper co -ordination among the local
bodies like Bangalore Development Authority, Bangalore Water Supply and
Sewerage Board, Karnataka State Road Transport Corporation, Karnataka
Electricity Board. Karnataka Slum Clearance Board, Bangalore City
Corporation, etc., in the Bangalore Metropolitan Area. It is necessary to co -
ordinate the activities of these bodies by constituting an authority. There is
also an urgent need to step up the Authority in view of the growing
problems of un -planned Development, Housing, Water Supply, Transport,
etc.,
Hence this Bill.-
( Published in the Karnataka Gazette (Extraordinar y) Part IV- 2A , dated
30th March,1984 as No.199)
II
Amending Act 8 of 2005. - It is considered necessary to amend the
Bangalore Metropolitan Region Development Authority Act, 1985, to confine
the jurisdiction of the Bangalore Metropolitan Development Authority to
Bangalore urban and rural districts by deleting Malur taluk of Kolar district
from Bangalore Metropolitan region.
Hence the Bill.
(LA Bill No.1 of 2005)
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
232
III
Amending Act 16 of 2010. - On the recommendation of the
Legislative Committee on papers to be laid on the floor of the House, it is
considered necessary to amend section 16 of the Bangalore Metropolitan
Region Development Authority Act, 1985 (Karnataka Act 39 of 1985) to
provide for placing of Audited Accounts and the report of the Auditor of the
Authority before both the Houses of State Legislature.
Hence the Bill.
[L.A. Bill No. 1 of 2009, File No.DPAL 8 Shasana 2006]
[Entry 8 of List II of the Seventh schedule to the constitution of India.]
lV
Amending Act 05 of 2017.- It is considered necessary to amend the
Bangalore Metropolitan Region Development Authority Act, 1985
(Karnataka Act 39 of 1985) to change the nomenclature of the some posts
or Authorities representing the Authority, in the interest of Administration.
Hence, the Bill.
[L.A. Bill No.33 of 2016 File No. Samvyashae 29 Shasana 2016]
[entry 5 of List II and entry 20 of List III of the Seventh Schedule to
the Constitution of India]
- - -
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
233
KARNATAKA ACT No. 39 OF 1985
(First published in the Karnataka Gazette Extraordinary on the
Twenty-ninth day of October 1985).
THE BANGALORE METROPOLITAN REGION DEVELOPMENT
AUTHORITY ACT, 1985
(Received the assent of the Governor on the Eighteenth day of October, 1985)
(As amended by Act 8 of 2005, 16 of 2010 and 5 of 2017)
An Act to provide for the establishment of an authority for the e purpose
of planning, co -ordinating and supervising the proper and orderly
development of the areas within Bangalore Metropolitan Region and to
provide for matters connected therewith.
WHEREAS it is expedient to provide for the establishment of an authority
for the purposes of planning, co -ordinating and supervising the proper and
orderly development of the area within the Bangalore Metropolitan Region
and to provide for matters connected therein;
BE it enacted by the Karnataka State Legislature in the Thirty -sixth Year
of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement. - (1) This Act may be called
the Bangalore Metropolitan Region Development Authority Act, 1985.
(2) It shall come into force on such
1
[date]
1
as the State Government
may, by notification in the official Gazette appoint.
1. This Act has come into force w.e.f. 01.02.1986 by notification No. HUD 54 TTP 86 dated: 24.01.1986
Text of the notification is at the end of the Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Authority" means the Bangalore Metropolitan Region Development
Authority constituted under section 3 ;
(b) "amenity" incudes roads, bridges, streets, transport, lighting, water
and electricity supply, sewerage, drainage public works, open spaces
recreational grounds, parks, and other conveniences, services or utilities;
(c) "Bangalore Metropolitan Region" means the area compri sing the
Bangalore District and 1[Bangalore Rural District] 1 and such other areas as
the State Government may, from time to time, by notification, specify;
(d) "Chairman" means the Chairman of the Authority;
2[“(e) “Corporation” means the Bruhat Bangaluru Mahanagara Palike”;]2
(f) "development" with its grammatical variations means the carrying
out of building, engineering or other operations in or over or under any land
or the making of any material change in any building or land or in the use of
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
234
any building, or land and includes redevelopment and forming of layouts and
sub-division of any land including amenities;
(g) "Executive Committee'' means the Executive Committee constituted
under section 6;
(h) "Fund'' means the Bangalore Metropolitan Region Dev elopment
Authority Fund;
(i) ''land '' includes benefits arising out of land and things attached to
the earth or permanently fastened to anything attached to the earth;
(j) ''local authority'' 2[“the Bruhat Bangalore Mahanagara Palike”] 2 the
Bangalore Development Authority, the Bangalore Water Supply and
Sewerage Board, a Sanitary Board, 2[“the Karnataka Power Transmission
Corporation Limited”]2 the Karnataka Electricity Board, the Karnataka Road
Transport Corporation, a Zilla Parishad, a Municipal Counc il, a 2[“Town
Panchayath or Grama Panchayath”] 2 constituted or continued under any
law for the time being in force;
(k) ''member'' means a member of the Authority;
(l) ''Metropolitan Commissioner'' means the Metropolitan Commissioner
appointed under section 8; and
(m) ''regulation'' means a regulation made under this Act.
1. Substituted by Act 8 of 2005 w.e.f. 23.03.2005.
2. Substituted by Act 5 of 2017 w.e.f. 04.01.2017.
CHAPTER II
THE BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY
3. Constitution and incorporation of the Authority .-(1) As soon as
may be, after the date of commencement this Act, the State Government
shall, by notification, constitute for the Bangalore Metropolitan Region an
authority to be called the Bangalore Metropolitan Reg ion Development
Authority.
(2) The Authority shall be a body corporate 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, may, by the said name, sue or be sued.
(3) The Authority shall consist of the following members, namely:-
(a) the Chief Minister of Karnataka who shall be the Chairman;
(b) the Minister in charge of
1["Bengaluru Development"]1 who shall
be the Vice-Chairman;
(c) the Chairman, Bangalore Development Authority;
(d) the Mayor, 1[“Bruhat Bangalore Mahanagara Palike”]1
(e) the Chief Secretary to the Government of Karnataka;
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
235
1[ "(f) the Regional Commissioner, Bengaluru Region, Bengaluru;
(g) the Additional Chief Secretary or Principal Secretary or Secretary,
Finance Department, Government of Karnataka;
(h) the Additional Chief Secretary or Principal Secretary or Secretary,
Housing Department, Government of Karnataka;
(h-1) the Additional Chief Secretary or Principal Secretary or Secretary,
Urban Development Department, Government of Karnataka;
(i) the Principal Secretary or Secretary, Public Works, Ports and
Inland Water Transport Department, Government of Karnataka;
(j) the Additional Chief Secretary or Principal Secretary or Secretary,
Commerce and Industries Department, Government of Karnataka;"]1
(k) the Chairman, Bangalore Water Supply and Sewerage Board;
(l) the Chairman, Karnataka Housing Board;
1["(m) the Chairman, Karnataka Slum Development Board;
(n) the Chairman, Karnataka Power Transmission Corporation Limited;
(n1) the Chairman, Bangalore Electricity Supply Company;
(n2) the Chairman, the Karnataka State Road Transport Corporation;
(o)the Chairman, Bengaluru Metropolitan Transport Corporation;
(p)the Director of Town and Country Planning, Government of Karnataka;"]1
(q)the Chief Conservator of Forests (General), Government of Karnataka;
2[ (r) XXX]2
(s)the Divisional Railway Manager, Southern Railway, Bangalore (with the
consent of the Central Government);
(t) the General Manager, Bangalore Telephones, Bangalore (with
the consent of the Central Government);
(u) four members appointed by the Government representing labour,
women and Scheduled Castes and Scheduled Tribes;
(v)
(w) four members from amongst the persons representing the local
authorities in the Bangalore Metropolitan Region, appointed by the
Government;
(x) the Metropolitan Commissioner, who s hall be the Member -
Secretary.
1. Substituted by Act 5 of 2017 w.e.f. 04.01.2017.
2. Omitted by Act5 of 2017 w.e.f. 04.01.2017.
4. Term of office and conditions of service of members. - (1)
Subject to the pleasure of the Government, the members appointed under
items (u), (v) and (w) of sub -section (3) of section 3 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.
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
236
(2) Any me mber, other than an ex -officio member may resign his office
by writing under his hand addressed to the State Government.
(3) A casual vacancy caused by resignation of a member or otherwise
may be filled by appointment by the State Government and the pers ons so
appointed shall hold office for the remaining period for which the member in
whose place he is appointed would have held office.
(4) No act or proceeding of the Authority or the Executive Committee or
any other committee shall be invalid merely by reason of any vacancy or
defect in the constitution or reconstitution of the Authority, Executive
Committee or any other committee, as the case may be, or any defect or
irregularity in the constitution or procedure of the Authority not affecting the
merits of the matter under consideration.
(5) Any person ceasing to be member shall be eligible for reappointment
as a member.
(6) The sitting fee and other allowances payable to members other than
the ex-officio members for attending the meetings of the Authority,
Executive Committee or any other committee shall be such as may be
prescribed.
5. Meetings of the Authority .- (1) The meetings of the Authority shall
be convened by the Metropolitan Commissioner and it shall ordinarily meet
at least once in three months at such place within the jurisdiction of the
Authority and at such time as the Chairman may decide.
(2) The Authority shall observe such rules of procedure in regard to the
transaction of business at its meetings (including quorum at meetin gs) as
may be prescribed by regulations.
(3) The Chairman or, if for any reason he is unable to attend any
meeting, the Vice-Chairman or if for any reason he is also unable to attend
the meeting, any other member chosen by the members present at the
meeting, shall preside at the meeting of the Authority;
(4) All questions which come up before any meeting of the Authority
shall be decided by majority of the votes of the members present and voting
and in the event of an equality of votes, the Chairman or in his absence the
person presiding, shall have and exercise a second or casting vote.
(5) A member shall not, at any meeting of the Authority or a committee
thereof, take part in the discussion of or vote on any matter in which he has
directly or indirectly by himself or his partner, any share or interest.
6. Executive Committee. -(1) There shall be an executive committee of
the Authority consisting of,-
(a) the Minister in charge of
1["Bengaluru Development"]1 who shall
be the Chairman;
(b) the Metropolitan Commissioner who shall be the Vice-Chairman;
(c) the Chairman, Bangalore Development Authority;
(d) the Commissioner, Bangalore Development Authority;
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
237
1[ "(e) the Mayor Bruhat Bangalore Mahanagara Palike;
(f) the Commissioner, Bruhat Bangalore Mahanagara Palike;
(g) the Additional Chief Secretary or Principal Secretary or Secretary,
Housing Department, Government of Karnataka
(g-1) the Additional Chief Secretary or Principal Secretary or
Secretary, Urban Development Department, Government of Karnataka;
(h) the Additional Chief Secretary or Principal Secretary or Secretary,
Finance Department, Government of Karnataka;
(i) the Principal Secretary or Secretary, Public Works, Ports and Inland
Water Transport Department, Government of Karnataka;"]1
(j) the Chairman, Bangalore Water Supply and Sewerage Board;
1["(k) the Director of Town and Country Planning, Government of
Karnataka;
(l) the Regional Commissioner, Bengaluru Region, Bengaluru;”]1
(2) Subject to the general superintendence and control of the Authority,
the management of the affairs of the Authority shall vest in the Executive
Committee.
(3) Subject to the rules, and to the direction of the Authority, the
Executive Committee may exercise any powers and do any act or thing
which may be exercised or done by the Authority.
(4) The procedure to be followed by the Executive Committee and all
other matters relating to the Executive Committee shall be such as may be
prescribed by regulations.
1. Substituted by Act 5 of 2017 w.e.f. 04.01.2017.
7. Appointment of other committees. -(1) The Authority may from time
to time appoint committees consisting of such members as it thinks fit and
may with the approval of the Government associate with such committee in
such manner and for such period as may be prescribed, any person or
persons whose assistance or advice 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 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 Authority shal l nominate
one of the members as the Chairman of every such committee.
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
238
(3) The procedure to be followed by the committees and all other matters
relating to the committees shall be such as may be prescribed by
regulations.
8. Officers and servants. -(1) The State Government shall appoint a
Metropolitan Commissioner who shall be the Chief Administrative and
Executive Officer on the Authority. The State Government shall by order
determine, from time to time, the salary and other terms and conditions of
service and the powers and functions of the Metropolitan Commissioner.
He shall be appointed for such period not exceeding three years as the
State Government may decide, and the appointment may be extended from
time to time for a period not exceeding three years at a time.
(2) The State Government may, appoint one or more Deputy or Assistant
Metropolitan Commissioners, a Town Planner, a Law -Officer and an
Accounts Officer. The State Government shall by order determine, from
time to time, the salaries and other terms and conditions of service of the
Deputy Metropolitan Commissioner, the Assistant Metropolitan
Commissioner, the Town Planner, the Law Officer and the Accounts Officer.
(3) The Authority may, from time to time, sanction creation of such other
posts of officers and servants as may be necessary for the efficient
performance of the functions of the Authority. The condition of recruitment,
appointment and service and the powers and duties of such officers, and
servants shall be such as may be determined by regulations:
Provided that no post carrying a minimum salary of one thousand five
hundred rupees and above shall be created without the approval of the
Government.
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY.
9. Powers and functions of the Authority.-(1) Subject to the provisions
of this Act and the rules made thereunder the functions of the Authority shall
be,-
(i) to carry out a survey of the Bangalore Metropolitan Region and
prepare reports on the surveys so carried out;
(ii) to prepare a structure plan for the development of the Bangalore
Metropolitan Region;
(iii) to cause to be carried out such works as are contemplated in the
structure plan;
(iv) to formulate as many schemes as are necessary for implementing
the structure plan of the Bangalore Metropolitan Region;
(v) to secure and co-ordinate execution of the town planning scheme
and the development of the Bangalore Metropolitan Region in accordance
with the said schemes;
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
239
(vi) to raise finance for any project or scheme for the development of
the Bangalore Metropolitan Region and to extend assistance to the local
authorities in the Region for the execution of such project or scheme;
(vii) to do such other acts and things as may be entrusted by the
Government or as may be necessary for, or incidental or conducive to, and
matters which are necessary for furtherance of the objects for which the
Authority is constituted;
(viii) to entrust to any local authority the work of execution of any
development plan or town planning scheme;
(ix) to co -ordinate the activities of the Bangalore Development
Authority, the Corporation of the City of Bangalore, the Bangalore Water
Supply and Sewerage Board, 1[“the Karnataka Slum Development Board
and the Karnataka Power Transmission Corpor ation limited and Bangalore
Electricity Supply Company”]1 the Karnataka Industrial Areas Development
Board, the Karnataka State Road Transport Corporation and such other
bodies as are connected with developmental activities in the Bangalore
Metropolitan Region.
1. Substituted by Act 5 of 2017 w.e.f. 04.01.2017.
10. No other authority or persons to undertake certain development
without permission of the Authority. - (1) Notwithstanding anything
contained in any law for the time being in force, except w ith the previous
permission of the Authority, no authority or person shall undertake any
development within the Bangalore Metropolitan Region of the types as the
Authority may from time to time specify by notification published in the
official Gazette.
(2) No local authority shall grant permission for any development
referred to in sub- section (1), within the Bangalore Metropolitan Region,
unless the Authority has granted permission for such development.
(3) Any authority or person desiring to undertake development referred
to in sub -section (1) shall apply in writing to the Authority for permission to
undertake such development.
(4) The Authority shall, after making such inquiry as it deems necessary
grant such permission without any conditions or wit h such conditions as it
may deem fit to impose or refuse to grant such permission.
(5) Any authority or person aggrieved by the decision of the Authority
under sub-section (4) may, within thirty days from the date of the decision
appeal against such deci sion to the State Government, whose decision
thereon shall be final:
Provided that, where the aggrieved authority submitting such appeal is
under the administrative control of the Central Government, the appeal shall
be decided by the State Government, af ter consultation with the Central
Government.
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
240
(6) In case any person or authority does anything contrary to the
decision given under sub- section (4) as modified in sub- section (5), the
Authority shall have power to pulldown, demolish or remove any
development undertaken contrary to such decision and recover the cost of
such pulling down, demolition or removal from the person or authority
concerned.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
11. Authority's Fund. - (1) The Authority shall have a fund called the
Bangalore Metropolitan Region Development Authority Fund which shall be
operated by such officers as may be authorised by the Authority.
(2) The Authority may accept grants, subventions, contributions,
donations and gifts from the Central Governmen t, the State Government, a
local authority or any individual or body, whether incorporated or not, for all
or any of the purposes of this Act.
(3) The State Government shall, every year, make a grant to the
Authority of a sum equivalent to the administrative expenses of the Authority
till the Authority is able to meet its administrative expenses out of its own
resources.
(4) All moneys received by or on behalf of the Authority by virtue of this
Act, and all interests, profits, and other moneys accruing to or borrowed by
the Authority, shall be credited to the Fund.
(5) Except as otherwise directed by the State Government, all moneys
and receipts specified in the foregoing provisions and forming part of the
Fund shall be deposited in any Scheduled Bank as defined in the Reserve
Bank of India Act, 1934 or invested in such securities, as may be approved
by the State Government.
(6) The Fund, and all other assets vesting in the Authority shall be held
and applied by it, subject to the provisions of and f or the purposes of this
Act.
12. Budget.- The Authority shall prepare, every year, in such form and
at such time as may be prescribed, an annual budget estimate in respect of
the next financial year showing the estimated receipts and disbursements of
the Authority and shall submit a copy thereof to the State Government.
13. Annual report. - The Authority shall, after the end of each year
prepare in such form and before such date as may be prescribed, a report of
its activities during such year and subm it to the State Government and the
State Government shall cause a copy of such report to be laid before both
Houses of the State Legislature.
14. Subventions and loans to the Authority .- (1) The State
Government may, from time to time, make subventions to the Authority for
the purposes of this Act on such terms and conditions as the State
Government may determine.
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
241
(2) The State Government may, from time to time advance loans to the
Authority on such terms and conditions, not inconsistent with the prov isions
of this Act, as the State Government may determine.
15. Power of Authority to borrow .- The Authority may from time to
time, with the previous sanction of the State Government, and subject to the
provisions of this Act, and to such conditions as m ay be prescribed in this
behalf, borrow any sum required for the purposes of this Act.
16. Accounts and audi t.- (1) The Authority shall cause to be
maintained proper books of accounts and such other books as the rules
made under this Act may require and shall prepare in accordance with such
rules an annual statement of accounts.
(2) The Authority shall cause its accounts to be audited annually by such
persons as the State Government may direct.
1[(3) The Audited accounts and report of the Auditor shall be published
by the authority in the prescribed manner. The Authority shall send a copy of
such audited accounts and the report of the Auditor to the State
Government. The State Government shall cause the audited accounts and
the report of the Audit or to be laid before both Houses of the State
Legislature as soon as, after it is received by the State Government.] 1
1. Substituted by Act 16 of 2010 w.e.f. 16.04.2010.
(4) The Authority shall comply with such directions as the State
Government may, after perusal of the report of the auditor, think fit to issue.
CHAPTER V
MISCELLANEOUS
17. Powers of entry.- The Authority may authorise any person to enter
into or upon any land or building with or without assistants or workmen for
the purposes of,-
(a) making any enquiry, inspection, measurement or survey or taking
levels for such land or building;
(b) examining works under construction and ascertaining the course of
sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making such levels, boundaries and lines by placing marks and
cutting trenches;
(f) ascertaining whether any land is being or has been developed in
contravention of any plan or in contravention of any conditions subject to
which such permission has been granted; or
(g) doing any other thing necessary for the efficient administration of this
Act:
Provided that,-
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
242
(i) no such entry shall be made except between the hours of sunrise
and sunset and without giving reasonable notice to the occupier, or if there
be no occupier, to the owner of the land or building;
(ii) sufficient opportunity shall in every instance be given to enable
women or children, if any, to withdraw from such land or building;
(iii) due r egard shall always be had, so far as may be, compatible
with the exigencies of the purpose for which the entry is made, to the social
and religious usage of the occupants of the land or building entered.
18. Directions by the Authority. - (1) The Authority may, in order to
carry out the development plans and schemes formulated under section 9 or
any town planning scheme may issue direction to the Bangalore
Development Authority, Bangalore Water Supply and Sewerage Board,
Karnataka Electricity Board and such other bodies as are connected with
developmental activities in the Bangalore Metropolitan Region. The
directions issued by the Authority shall prevail over any directions issued by
the Bangalore Development Authority under section 53 of the Bangalor e
Development Authority Act, 1976 (Karnataka Act 12 of 1976).
(2) Notwithstanding anything contained in any other law for the time
being in force, every such direction shall be complied with by the body to
whom it is issued. On failure, it shall be competent for the Authority to take
necessary action to carry out the directions issued under sub- section (1)
and recover expenses, if any, incurred therefor from the body concerned.
(3) Any dispute which arises between the Authority and the Boards or
other bodies referred to in sub-section (1) in respect of the directions issued
to them shall be determined by the State Government whose decision shall
be final.
19. Metropolitan Commissioner to attend meetings of, Corporation,
BDA and BWSSB.- (1) The Metropolitan Commissioner shall be entitled to
attend and take part in the meetings of the Corporation of the City of
Bangalore, the Bangalore Development Authority, the Bangalore Water
Supply and Sewerage Board, the Karnataka Electricity Board and the
Karnataka Road Transport Corporation, but he shall have no right to vote.
(2) The said bodies shall invite the Metropolitan Commissioner to attend
their meetings.
20. Penalty for breach of the provisions of the Act. - Whoever
contravenes any of the provis ions of this Act or of any rule, regulation, or
bye-law or scheme made or sanctioned thereunder shall be punishable with
imprisonment for a term which may extend to one year or with fine which
may extend to ten thousand rupees or with both and in the case of
continuing contravention, with additional imprisonment for a term which may
extend to one month or with fine which may extend to five hundred rupees
or with both for each day after the first during which the contravention
continues.
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
243
21. Offences by companies. - (1) If the person committing an offence
under this Act is a company, every person who at the time the offence was
committed was in charge of and responsible to the company for the conduct
of its business as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub- section shall render any such
person liable to any punishment provided in this Act if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub- section (1) where an
offence under this Act has been committed by a company and it is pr oved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
Explanation.- For the purpose of this section,-
(a) "company" means a body corporate and includes a firm or other
association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
22. Fines realised to be credited to the Fund. - All fines realised in
connection with prosecutions under this Act shall be credited to the Fund.
23. Members and officers to be public servants.- Every member,
every officer and other employee of the Authority shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code.
24. Protection of action taken in good faith. - No suit, prosecution or
other legal proceedings shall lie against any person for anything which is in
good faith done or intended to be done under this Act or any rule or
regulation made thereunder.
25. Power to delegate. - The Authority may, by notification, direct that
any power exer cisable by it under this Act except the power to make
regulation may also be exercised by the Chairman or such officer of the
Authority as may be specified in the notification subject to such restrictions
and conditions as may be specified therein.
26. R evision.- (1) The State Government may call for the records of
any proceedings of the Authority for the purpose of satisfying itself as to the
legality or propriety of the order or proceeding and may pass such order with
respect thereto as it thinks fit.
(2) The Authority may call for the records of any proceeding of any
officer subordinate to it for the purpose of satisfying itself as to the legality or
propriety of the order or proceeding and may pass such order with respect
thereto as it thinks fir.
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
244
(3) No order under sub -section (1) or sub- section (2) shall be made to
the prejudice of any person unless he has had an opportunity of making
representation.
27. Government's power to give directions to the Authority. - The
State Government may give such directions to the Authority as in its opinion
are necessary or expedient for carrying out the purposes of this Act, and it
shall be the duty of the Authority to comply with such directions.
28. Act to over -ride other laws.- The provisions of this A ct shall have
effect notwithstanding anything inconsistent therewith contained in any other
law for the time being in force.
29. Power to make rules. - (1) The State Government may, by
notification, subject to the condition of previous publication, make rules to
carry out the purposes of this Act.
(2) Every rule made under this Act 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 i n one session or in
two or more successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or to 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 that rule.
30. R egulation.- The Authority may, by notification and with previous
sanction of the Government, make regulations not inconsistent with this Act
and the rules made thereunder for enabling it to perform its functions under
this Act. Regulation may be made in respect of any matter which is required
to be or may, in the opinion of the Authority be provided by regulations.
31. Amendment of the Karnataka Town and Country Planning Act,
1961.- After section 81-B of the Karnataka Town and Country Planning Act,
1961 (Karnataka Act 11 of 1963), the following section shall be inserted,
namely:-
"81-C. Outline development plan and comprehensive development
plan of Bangalore Metropolitan Region.- Notwithstanding anything in this
Act, the Planning Authorities within the Bangalore Metropolitan Region as
defined in the Bangalore Metropolitan Region Development Authority Act,
1985 shall submit the outline development plans and comprehensive
development plans under sections 9 and 19 respectively to the State
Government th rough the Bangalore Metropolitan Region Development
Authority for approval and the said Authority shall exercise the powers and
discharge functions of the Director of Town Planning in respect of such
outline development plans or comprehensive development plans. The
provisions of sections 9 and 19 shall mutatis mutandis be applicable for the
purpose of this section."
1985: KAR. ACT 39] Bangalore Metropolitan Region
Development Authority
245
(The above translation of the ¨ÉAUÀ¼ÀÆgÀÄ ªÀĺÁ£ÀUÀgÀ ¥ÀæzÉñÀ C©üªÀÈ¢Þ ¥Áæ¢üPÁgÀ
C¢ü¤AiÀĪÀÄ 1985 (1985gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå 39) was published in Part IV-2B
of the Official Gazette (Extraordinary) dated 30.12.1985 as No.650 under
clause (3) of article 348 of the constitution of India)
NOTIFICATION
Bangalore, dated 24th January 1986 [No.HUD 54 TTP 86]
In exercise of the power confer red under sub -section (2) of section 1 of
the Bangalore Metropolitan Region Development Authority Act, 1985
(Karnataka Act No.39/85), Government of Karnataka hereby appoints the
First day of February 1986, as the date on which the said Act shall come
into force.
By order and in the name of
the Governor of Karnataka,
H.R.PUTTARAJU.
Under Secretary to Government
Housing & Urban Development Department.
(Published in Karnataka Gezette (Extraordinary) Part IV -2c(ii) dated
24.1.1986 as no.53.)
* * * *
Bangalore Metropolitan Region 1985: KAR. ACT 39]
Development Authority
246
KARNATAKA ACT NO. 05 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the 04th day of January, 2017)
THE BANGALORE METROPOLITAN REGION DEVELOPMENT
AUTHORITY (AMENDMENT) ACT, 2016
(Received the assent of the Governor on the 31st day of December, 2016)
An Act further to amend the Bangalore Metropolitan Region
Development Authority Act, 1985.
Whereas, it is expedient further to amend the Bangalore Metropolitan
Region Development Authority Act, 1985 (Karnataka Act 39 of 1985) for the
purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-seventh
year of the Republic of India as follows, namely:-
1. Short title and commencement.- (1) This Act may be called the
Bangalore Metropolitan Region Development Authority (Amendment) Act,
2016.
(2) It shall come into force at once.
Amendment to Sections 2, 3, 6 and 9 are incorporated in the Principal Act.