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1. Title and commencement.- (1) These rules may be called the Karnataka Town and Country Planning (Regularisation of Unauthorised Development or Constructions) Rules, 2007.

(2) They shall come into force from 15th day of September, 2007 and shall apply to all unauthorised development or constructions that have come up on or after the date of approval of Master Plan and its Zoning Regulations of respective cities/towns.

2. Definitions.- In these rules, unless the context otherwise required,-

(a) "Act" means the Karnataka Town arid Country Planning Act, 1961 (Karnataka Act 11 of 1963);

(b) "Appellate Authority" means an authority constituted to hear the appeals against the orders passed by the Competent Authorities.

For the following Corporations and Authorities, the Appellate Authority shall be constituted by the State Government:

(i) For Bruhath Bangalore Mahanagara Palike;

(ii) For Bangalore Development Authority;

(iii) For Bangalore-Mysore Infrastructure Corridor Area Planning Authority.

For other cities, the Appellate Authority shall be:

(i) For cities having Corporations (other than Bangalore), the respective Regional Commissioner;

(ii) For other Urban Development Authorities, Planning Authorities and Municipalities, the respective Deputy Commissioner.

(c) "Competent Authority" means,-

For Bangalore:

The Commissioner, Bruhath Bangalore Mahanagara Palike for Bangalore within its jurisdiction, and beyond its jurisdiction and within the Local Planning Area of Bangalore, the Commissioner, Bangalore Development Authority.

For other cities:

(i) in respect of unauthorised development of layouts or sites and buildings in violation of change of land use, the concerned Planning Authority;

(ii) in respect of unauthorised constructions,-

(a) concerned planning authority in respect of areas falling in planning area;

(b) concerned local authority in respect of areas falling in the limits of local authority within the local planning area;

(iii) in case of towns where the Act is not extended or where the Planning Authority area and the Local Authority area is the same, the respective Local Authority;

(d) "Construction" means any permanent structure;

(e) "Development cost" includes estimated cost of development of the land and construction of building and also for providing infrastructure like water supply, electricity, underground drainage, formation of roads and other civic amenities; and payment of all regulatory fees;

(f) "Market value" means the value as determined in accordance with the Section 45-B of the Karnataka Stamp Act, 1957 as prevailing on the date of promulgation of the Karnataka Town and Country Planning (Amendment) Act, 2004 (3rd February, 2007);

(g) "Screening Committee" means the committee constituted in these rules for the purpose of regularisation of unauthorized development and deviated or unauthorised constructions;

(h) "Structural Engineer" means and includes a qualified Civil Engineer, who has been registered by Institute of Engineers/concerned Urban Local Boady/Planning Authority;

(i) "Unauthorised development" means development of land for residential or other purposes in violation of the provisions of Sections 14,15 and 17 of the Karnataka Town and Country Planning Act, Section 187 of the Karnataka Municipalities Act, 1964 and Section 321 of the Karnataka Municipal Corporations Act, 1976 as the case may be;

(j) "Unauthorised construction" means building constructed for residential or other purposes, in violation of the provisions of the Act, the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976 as the case may be;

(k) "Urban Areas Infrastructure Development Fund" means the fund established for crediting all proceeds collected through regularisation by the Competent Authority for the purpose specified in sub-section (16) of Section 76-FF of the Act.

3. Application.- (1) Every owner who desires to get his unauthorised development or unauthorised constructions regularised shall submit an application in respect of such development or construction to the Competent Authority concerned in Form 1 within the time limit specified in sub-section (13) of Section 76-FF along with a site plan of the land wherein the unauthorised construction is situated indicating the site and location of the unauthorised construction including the appurtenant land comprised therein and such other documents as may be required by the Competent Authority.

Explanation-For the purpose of these rules, the existing development means the developments which are existing and completed with basic infrastructure like water supply and electricity and the applicant shall possess the sale deed and such other evidences in respect of ownership.

(2) In case of joint ownerships, the application shall be made jointly from all the owners or their association authorised by the resolution.

(3) Any unauthorised development in respect of which no application for regularisation is received within the prescribed time limits shall be liable to the action contemplated under Sections 14,15,17 and 76-FF of the Act.

(4) Owner of the unauthorised development may file an application for regularisation by paying the regularisation fee calculated on self assessment subject to payment of shortfall if any, intimated by the Competent Authority, subject to final decision in respect of pendency of any case before Tribunal, Civil Court, High Court, any other Court or any order/judgement passed by any such Court, or Tribunal in respect of such property.

4. Manner of enquiry.- The Competent Authority shall give an opportunity to the applicant of being heard and to produce documents, if any, in support of his claim. The Competent Authority shall, on completion of the enquiry, pass a provisional order in Form II.

5. Screening Committee for regularisation.- (1) On receipt of the application for regularisation under Rule 3, the Competent Authority shall forward it to the Screening Committee for scrutiny. The applications received and referred to the Screening Committee shall be entered in a register and shall be scrutinized on the basis of seniority of applications determined on first come first serve basis. The Screening Committee shall scrutinise the applications and make its recommendations to the Competent Authority indicating the amount to be remitted by the applicant for regularisatior.

(2) The Screening Committee for scrutiny of applications shall consist of the following, namely:-

(a) For Bruhath Bangalore Mahanagara Palike area:

Joint Commissioner, (Zonal) Bruhath Bangalore Mahanagara Palike	Chairman
Town Planner Member, Bangalore Development Authority or his nominee not below the rank of Assistant Director of Town Planning	Member
Deputy Commissioner, Bangalore Urban or his nominee, not below the rank of Special Deputy Commissioner	Member
Joint Director of Town Planning, Bruhath Bangalore Mahanagara Palike or his nominee not below the rank of Assistant Director or Town Planning	Member
Chief Engineer, Bruhath Bangalore Mahanagara Palike	Member
Zonal Deputy Commissioner, Bruhath Bangalore Mahanagara Palike	Member-Secretary

(b) For Planning Authority in Bangalore (Bangalore Development Authority):

Commissioner, Bangalore Development Authority	Chairman
Joint Director of Town Planning, Bruhath Bangalore Mahanagara Palike or his nominee not below the rank of Assistant Director of Town Planning	Member
Engineer Member, Bangalore Development Authority	Member
Town Planner Member, Bangalore Development Authority	Member-Secretary

(c) For Bangalore Mysore Infrastructure Corridor Area Planning Authority (BMICAPA):

(i) For area falling under Bangalore Urban District:

Deputy Commissioner, Bangalore Urban District	Chairman
Chief Executive Officer, Zilla Panchayat, Bangalore Urban	Member
Joint Commissioner, (Zonal) Bruhath Bangalore Mahanagara Palike	Member
Member Secretary, BMICAPA	Member-Secretary

(ii) For area falling under Bangalore Rural District:

Deputy Commissioner, Bangalore Rural District	Chairman
Chief Executive Officer, Zilla Panchayat, Bangalore Rural	Member
Commissioner, City Municipal Council, Channapatna	Member
Member Secretary, BMICAPA	Member-Secretary

(iii) For area falling under Mandya District:

Deputy Commissioner, Mandya	Chairman
Chief Executive Officer, Zilla Panchayat, Mandya	Member
Chief Officer, Maddur Town Municipal Council	Member
Member Secretary, BMICAPA	Member-Secretary

(iv) For area falling under Mysore District:

Deputy Commissioner, Mysore	Chairman
Chief Executive Officer, Zilla Panchayat, Mysore	Member
Member Secretary, BMICAPA	Member-Secretary

(d) For Planning Authorities in cities having Corporations (other than Bangalore):

Deputy Commissioner	Chairman
Commissioner, respective Urban Development Authority	Member
Commissioner, respective City Corporation or his representative	Member
Town Planner Member, respective Urban Development Authority	Member-Secretary

(e) For Planning Authorities where Corporations do not exist, but Urban Development Authorities exist:

Commissioner, respective Urban Development Authority	Chairman
Commissioner, respective City Municipal Council or his representative	Member
Assistant Commissioner	Member
Town Planner Member, respective Urban Development Authority	Member-Secretary

(f) For Planning Authorities where Urban Development Authorities does not exist:

Assistant Commissioner	Chairman
Commissioner, respective City Municipal Council/Chief Officer, respective Town Municipal Council	Member
Member Secretary/Assistant Director of Town Planning	Member-Secretary

6. Procedure and conditions of regularisation.- (1) The Screening Committee shall meet at least once in fifteen days. The Screening Committee may also utilise the services of as many officers and staff as may be required for the scrutiny and recommendations of the applications subject to the following conditions, namely:-

(A) The conditions for regularisation as specified in sub-sections (1) to (16) of Section 76-FF, sub-sections (1) to (4) of Section 321-A of the Karnataka Municipal Corporations Act, 1976 and sub-sections (1) to (4) of Section 187-A of the Karnataka Municipalities Act, 1964 shall be followed while making the recommendations.

(B) Conditions for regularisation of plot in an unauthorised sub-divided land/layout:-(i) While recommending the fee for regularisation, the Screening Committee shall be guided by the rates specified in Annexure-1 of these rules;

(ii) No unauthorized layout which do not have access to public road or do not have alignment of roads shall be regularised;

(iii) No unauthorised development or layout shall be regularised if the applicant refused to handover the land required for alignment of roads and land required for widening of roads as per the Zoning Regulations, building line and building bye-laws by relinquishment deed;

(iv) Only individual plot shall be considered for regularisation which are registered before the date of commencement of the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004.

(C) Conditions for regularisation of buildings with land use violations:-The fees to be collected for regularisation of buildings with land use violations shall be five times the fees prescribed under Section 18 of the Act. Change of land use violation shall be examined with reference to the master plan as in force on the date of promulgation of the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004. (i.e. 3rd February, 2007)

(D) Conditions for regularisation of setback violations:-The setback violations may be regularised on payment of fees determined in accordance with Annexure-II (a) and (b). Setback violations against the approved plan but within the provisions of Zoning Regulations, Building Bye-laws may be regularised on payment or difference of prescribed fee under Section 18 of the Act.

(E) Conditions for regularisation of floor area violations:-(i) The floor area violations may be regularised on payment of amount specified in Annexure-III (a) and (b) for excess built-up area constructed.

(ii) Floor area ratio violations against the approved plans but within the provisions of Zoning Regulations or building bye-laws may be regularised on obtaining revised building plan and on payment of difference of prescribed fee under Section 18 of the Act.

(F) Building constructed in non-converted agriculture land may be regularised on payment of amount assessed in the manner specified in Annexure-IV.

(G) Building constructed without approved plan in approved layouts as per the Zoning regulations or building bye-laws may be regularised on payment of amount specified in Annexure-V.

(2) The fees for regularisation so assessed and levied for the developments under Section 76-FF of the Act shall be over and above the regular fees or charges normally leviable if such fees have not been collected, as the case may be, by the Competent Authority.

(3) On the recommendations of the Screening Committee, the Competent Authority after holding such enquiry as specified in Rule 4, after examining the application, after satisfying itself regarding the entitlement shall, intimate the applicant to remit such amount within such time limit but not later than ninety days, as may be specified therein, or reject the application, as the case may be.

(4) On remittance of the amount for regularisation by the applicant, the Competent Authority shall regularise the unauthorized development or unauthorized construction to such extent as are admissible. The Competent Authority shall issue a Regularisation Certificate in Form III.

(5) In case, the application for regularisation is rejected, the fees remitted by the applicant, if any, on his self assessment shall be refunded to the applicant without interest within sixty days.

7. Utilisation of fund.- (1) The Competent Authority shall keep the amount collected for regularisation separately in the fund called 'the Urban Area Infrastructure Development Fund'. The fund shall be utilised for the purposes specified in Section 76-FF of the Act.

(2) Out of the fund collected, 50% shall be utilised for the development of parks and open spaces including lands to be acquired under Section 69(1) of the Act. The remaining 50% shall be utilised for provision of infrastructure, civic amenities, lighting, drinking water, drainage system and for any other infrastructure.

(3) No amount from the fund shall be spent without the approval of the Competent Authority.

(4) The annual report regarding the receipts and expenditures of the fund shall be sent to the Government.

(5) The progress report in Form IV shall be submitted to Government periodically.

8. Scrutiny fee.- Scrutiny fee shall be collected by the Competent Authorities at the rate of Rs. 1.00 per square meter of total plot area in case of plot in an unauthorised layout and Rs. 2.00 per square meter of total floor area of buildings.

ANNEXURE