Section 74 in Karnataka Town and Country Planning Act, 1961
74. Rules.
(1)The State Government may, by notification and after previous publication, make rules to carry out the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing power, such rules may be made to determine the following matters:-(a)[ the functions and powers of the Board and Planning Authorities constituted under section 4C; [Clause (a) to (a-3) inserted by Act 14 of 1964 w.e.f. 26.03.1964](a-1) the qualifications and disqualifications for being chosen as and for being members of the Board, and Planning Authorities constituted under section 4C;(a-2) the manner of nomination of representatives of local authorities under clause (iii) of sub-section (3) of section 4C;(a-3) the manner in which and the purposes for which any Planning Authority may associate with itself any person under section 4F;][(a-4)] [Re-lettered by Act 14 of 1964 w.e.f. 26.03.1964] the particulars that are to be shown in a map under section 6;(b)the manner of and the procedure to be followed in making an inquiry under sub-section (2) of section 7;(c)the manner of publication of the outline development plan under sub-section (1) or sub-section (2) of section 9; or under subsection (4) of section 13;(d)the notices to be given under section 11, [xxx] [Omitted by Act 1 of 2005 w.e.f. 14.02.2005] or section 27;(e)the form of the commencement certificate to be granted under sub-section (1) of section 15;(f)the particulars to be furnished by a person submitting a lay-out plan under sub-section (1), the period within which the Planning Authority may sanction such plan under sub-section (2) and the manner of holding an inquiry under sub-section (4) of section 17;(g)the betterment fee to be levied and the manner of levy under section 18;(h)[ xxx] [Omitted by Act 1 of 2005 w.e.f. 14.02.2005](i)[ xxx] [Omitted by Act 1 of 2005 w.e.f. 14.02.2005](j)the manner of publication of a declaration of intention to make a scheme under sub-section (2) of section 29;(k)the manner of publication of a draft scheme under section 30;(l)the further particulars to be included in the draft scheme under clause (g) of section 32;(m)the form of the commencement certificate to be granted under clause (a) of sub-section (1) of section 35 and the conditions, if any, to be included therein;(n)the procedure to be followed in making an inquiry under clause (c) of sub-section (1) of section 35;(o)the manner in which, and the method according to which, compensation shall be payable under sub-section (2) of section 35;(p)the qualifications of persons to be appointed as Director of Town Planning and as Town Planning Officer;(q)the procedure that is to be followed by a Town Planning Officer in making orders under any of the several clauses of sub-section (1) of section 38;(r)the form in which the Town Planning Officer is to draw the final scheme under clause (n) of sub-section (1) of section 38;(s)the procedure to be followed by the officer appointed to hold an inquiry for the purpose of deciding a disputed claim as to ownership under section 42;(t)the manner of preparing a preliminary scheme under section 43;(u)the manner of giving notice under section 44;(v)the procedure to be followed in summarily evicting a person under section 46;(w)the notice to be given before action is taken under section 47;(x)the manner of publication of a draft variation under sub-section (2) and the particulars which a draft variation shall contain under sub-section (3) of section 48;(y)the manner of election of representatives of the several Planning Authorities under sub-section (2) of section 51;(z)the time to be allowed for making a claim to compensation under section 60;(aa)the period within which payment is to be made to the Planning Authority under section 63;[(aa-1) the form of the budget of Planning Authorities, the date on or before which it shall be prepared, the manner of preparing it and the number of copies that have to be sent to the Board and the State Government; [Cluases (aa-1) to (aa-3) Inserted by Act 14 of 1964 w.e.f. 26.03.1964](aa-2) the form of the annual statement of accounts and balance sheets to be prepared under section 68C;(aa-3) the form of the annual report of the Planning Authorities and the dates on or before which they shall be submitted under section 68D);](bb)the manner in which documents, plans, maps shall be made accessible to the public under the proviso to section 77;(cc)the procedure to be adopted by the Planning Authority to secure co-operation on the part of the owners or persons interested in the land proposed to be included in a Town Planning Scheme at every stage of the proceedings by means of conferences and such other means as may be expedient;(dd)the procedure to be followed by a Town Planning Officer generally under this Act;(ee)the extent to which the proceedings of Planning Authorities under this Act shall be regulated by any municipal or local law applicable to such authorities; and[(ee-1) the documents of which copies may be granted and the fees payable for the inspection of such documents and the grant of copies thereof;] [Inserted by Act 14 of 1964 w.e.f. 26.03.1964](ff)[ any other matter for which there is no provision or no sufficient provision in this Act (including provision relating to appeals, appellate authorities, time for filing appeals, fees payable in respect of appeals and other matters), and for which provision is in the opinion of the State Government, necessary for giving effect to the purposes of this Act.] [Substituted by Act 14 of 1964 w.e.f. 26.03.1964](3)A rule made under this section may provide that a contravention of any of the provisions of the rules which are specified in such rule shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to ten rupees for every day during which such contravention continues after conviction for the first such contravention.(3A)[ Any rule under this Act may be made to have effect retrospectively and when any such rule is made a statement specifying the reasons for making such a rule shall be laid before both Houses of the State Legislature along with the rule under sub-section (4). All rules made under this Act shall, subject to any modification made under sub-section (4), have effect as if enacted in this Act.] [Inserted by Act 14 of 1964 w.e.f. 26.03.1964](4)Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two 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 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 previously done under that rule.
