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Chapter 1 - Preliminary in Karnataka Town and Country Planning Act, 1961

Preliminary.

(1) This Act may be called the 1 [Karnataka] Town and Country Planning Act,1961.

(2) Itshall extend to the whole of the 1 [State of Karnataka].

(3) Itshall come into force on such 2 [date] as the State Government may, bynotification, appoint.

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1. Adapted by the Karnataka Adaptation oflaws order 1973 w.e.f. 1.11.1973.

2. Act came into force on 15.1.1965 byNotification No. PLM 60 MNP 63 dt. 31.12.1964


Section 2 - Definitions

In this Act,unless the context otherwise requires,-

1 [(1) 'agriculture' includes horticulture, farming, growing ofcrops, fruits, vegetables, flowers, grass, fodder, trees or any kind ofcultivation of soil, breeding and keeping of livestock including cattle,horses, donkeys, mules, pigs, fish, poultry and bees, the use of land which isancillary to the farming of land or any purpose aforesaid, but shall notinclude the use of any land attached to a building for the purposes of gardento be used along with such building; and 'agricultural' shall be construedaccordingly;

(1a) 'Board' means the State TownPlanning Board constituted under this Act;

(1b) 'commerce' means carrying on anytrade, business or profession, sale or exchange of goods of any type whatsoever,the running of, with a view to make profit, hospitals, nursing homes,infirmaries, saris, educational institutions, hotels, restaurants, boardinghouses not attached to educational institutions; and 'commercial' shall beconstrued accordingly;

(1c) 'development' with its grammaticalvariations, means the carrying out of building, engineering, mining, or otheroperations in, on, over or under land or the making of any material change inany building or land, or in the use of any building or land and includessub-division of any land;

(1d) 'development plan' means outlinedevelopment plan or comprehensive development plan prepared under this Act;]

2 [(1e)] "Director" means the Director of Town Planningappointed under section 3;

3 ["(1f) 'industry' includes the carrying on of anymanufacturing process as defined in the Factories Act, 1948 ( Central Act 63 of1948), and 'industrial' shall be construed accordingly;]

(2) "land" includesbenefits arising out of land and things attached to the earth or permanentlyfastened to anything attached to the earth;

(3) "land use" meansthe major use to which a plot of land is being used on any specified date;

3 [(3a) 'localauthority' means a municipal corporation, municipal council, 4 [XXX]

5 [Town Panchayat or GramaPanchayat]; and a localauthority is a 'local authority concerned' if any land within its local limitsfalls in the area of a plan prepared or to be prepared under this Act;]

(4) "notification"means a notification published in the official Gazette;

(5) "owner" includesany person for the time being receiving or entitled to receive, whether on hisown account or as agent, trustee, guardian, manager, or receiver for anotherperson, or for any religious or charitable purpose, the rents or profits of theproperty in connection with which it is used;

6 [(6) "Planning Area' means any area declared to be 7 [or included in] a local planning area under thisAct;

(7) 'PlanningAuthority' means,-

(a) in the case of-

8 [(i) the local planning areacomprising the City of Bangalore, the Bangalore Development Authority, and;]

9 [(ia) the local planning area comprising any "urban area" definedin the Karnataka Urban Development Authorities Act, 1987, the Urban DevelopmentAuthority of such urban area;]

10 ["(ib) the heritage area asdefined in the Hampi World Heritage Area Management Authority Act, 2002(hereinafter referred to as heritage area) the Hampi World Heritage AreaManagement Authority constituted, under that Act"]

(ii) any other local planning area in respectof which the State Government may deem it expedient to constitute a separatePlanning Authority,

the Planning Authority constituted under thisAct.

(b) in the case of any local planningarea in respect of which a Planning Authority is not constituted under thisAct, the Town Improvement Board constituted under any law for the time being inforce having jurisdiction over such local planning area, and where there is nosuch Town Improvement Board, the local authority having jurisdiction over suchlocal planning area;]

(8) "plot" means acontinuous portion of land held in one ownership;

(9) "prescribed"means prescribed by rules made under this Act;

(10) "reconstitutedplot" means a plot which is in any way altered by the making of a town planningscheme;

Explanation.-"altered" includes the alternation of ownership.

(11) "regulations"means the Zonal Regulations governing land-use made under this Act;

11 [(11a)'residence' includes the use for human habitation of any land or building orpart thereof including gardens, grounds, garages, stables, and out houses, ifany, appertaining to such building and 'residential' shall be construedaccordingly;]

(12) "Scheme"includes a plan relating to a town planning scheme;

11 [(13) words and expressions not defined in this Act have thesame meaning as in the 12[Karnataka] Municipalities Act, 1964;]

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1. Clause (1a to 1d)Inserted by Act 14 of 1964 w.e.f. 26.03.1964.

2. Re-numbered by Act14 of 1964 w.e.f. 26.03.1964.

3. Inserted by Act 14of 1964 w.e.f. 26.03.1964.

4. Omitted by Act 23of 2004 w.e.f. 3.06.2004

5. Substituted by Act23 of 2004 w.e.f. 3.06.2004.

6. Section 6 and 7substituted by Act 14 of 1964 w.e.f. 26.03.1964.

7. Inserted by Act 17of 1991, w.e.f. 19.04.1991.

8. Substituted by Act 12 of 1976w.e.f. 20.12.1975.

9. Inserted by Act 34 of 1987w.e.f. 1.5.1988.

10. Inserted by Act 18 of 2003w.e.f. ..........

11. Inserted by Act 14of 1964 w.e.f. 26.03.1964

12. Adapted byKarnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.


Section 3 - Appointment of Director of Town Planning

(1) The State Government shall appoint a person, having the prescribed qualifications as Director of Town-Planning for the State and may assign to him such salary and establishment as it thinks fit.

(2) The cost of such appointment and his establishment shall be paid out of the revenues of the State.


Section 4 - State Town-Planning Board

The State Government may, by notification, constitute a State Town-Planning Board for the State with such members and in such manner as may be prescribed for advising the State Government regarding planning and development and for determining principles and policies for achieving the balanced development of the State as a whole.



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