BMRDA act, 1985

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Transcript of BMRDA act, 1985

PLANNING LEGISLATION, GOVERNANCE AND MANAGEMENT

PLANNING LEGISLATION, GOVERNANCE AND MANAGEMENT

Bangalore Metropolitan Region

Development Authority-ACT, 1985

MANIKANTASWAMY .V.SIII SEM MURP,IDS DEPTUNIVERSITY OF MYSORE

BMRDA

ACT

1985

Assignment topic on

INSTITUTE OF DEVELOPMENT STUDIESUNIVERSITY OF MYSOREMYSORE

2014

CONTENTS1

Introduction to BMRDA act, 1985…….

CHAPTER I: ……………………………………………..

CHAPTER II: …………………………………………………

CHAPTER III: ………………………………………………..

CHAPTER IV: ………………………………………………….

CHAPTER V: …………………………………………………..

Statement Of Objects And Reasons.

Preliminary & Definition.

The Bangalore metropolitan region development authority.

Powers and functions of the authority.

Finance, accounts, and audit.

Miscellaneous.

Introduction

Bangalore Metropolitan Region Development Authority (BMRDA) is an autonomous body created by the Government of Karnataka under the BMRDA Act 1985 for the purpose of planning, co-ordinating and orderly development of the areas within the Bangalore Metropolitan Region (BMR) which comprises Bangalore Urban district, Bangalore Rural district and Ramanagar District. Since 2007, BMRDA covers an area of over 8000 sq. km, the largest metropolitan area of any city in India. Bangalore has also emerged as India's fifth largest metropolitan city by population(and third largest city proper by population).

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Planning / Development Authorities functioning in the BangaloreMetropolitan Region (BMR).

1. Bangalore Development Authority [BDA] 2. Bangalore – Mysore Infrastructure Corridor Area Planning Authority [BMICAPA] 3. Ramanagar-Channapatna Urban Development Authority[RCIDA] 4. Anekal Planning Authority [APA] 5. Nelamangal Planning Authority [NPA] 6. Magadi Planning Authority [MPA] 7

Hosakote Planning Authority [HPA] 8. Kanakapura Planning Authority [HPA] 9. Bangalore International Airport Area

Planning Authority [BIAAPA] 10. Area Planning Zone-1 [APZ-1 ] (Excluding

RDUDA & BMICAPA) 11. All Interstitial Zones in Bangalore Metropolitan Region [Iz’s BMR]

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Chairmanship

BMRDA is headed by Chief Minister as Chairman and the Minister for urban development as Vice-Chairman with various development agencies in Bangalore, senior officers and heads of departments as members. Metropolitan Commissioner is the member secretary. BMRDA plays a leading role in the evolution of urban development polices in the Bangalore Metropolitan Region and is expected to act as an umbrella organization for the planning authorities setup in the region.

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AUTHORITY

ACT, 1985

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Statement of objects and reasons

Act 39 of 1985.- There is no proper co-ordination among the local bodies like Bangalore Development Authority, Bangalore Water Supply Board, Karnataka State Road Transport Corporation, Karnataka Electricity Board. Karnataka Slum Clearance Board, Bangalore City Co.rporation, etc., in the Bangalore Metropolitan Area.

Amending Act 8 of 2005.- It is considered necessary to amend the Bangalore Metropolitan Region Development Authority Act, 1985, to confine the jurisdi’ction of the Bangalore Metropolitan Development Authority to Bangalore urban and rural districts by deleting Malur taluk of Kolar district from Bangalore Metropolitan region.

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.

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CHAPTER IPRILIMINARY & DEFINITION

Preliminary deals with Short title, extent and commencement.

Short title - This Act may be called the Bangalore

Metropolitan Region Development Authority Act,

1985.

Extent - Bangalore Metropolitan Region" means

the area comprising the Bangalore District and

[Bangalore Rural District] such other areas as the

State Government may, from time to time, by

notification.

Commencement - It shall come into force on

such 1 as the State Government may, by

notification in the official Gazette appoint.

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Definitions of the terms used in the Act

"Authority" means:- the Bangalore Metropolitan Region Development Authority constituted under section 3 ; "amenity" includes Roads, Bridges, Streets, Transport, lighting, water and electricity supply, sewerage, Drainage Public works, Open spaces recreational grounds, Parks, and other services.

“Local authority'' means:- The City of Bangalore Municipal Corporation,The Bangalore Development Authority, The Bangalore Water Supply and Sewerage Board, Sanitary Board, The Karnataka Electricity Board, the Karnataka Road Transport Corporation, a Zilla Parishad, a Municipal Council, Mandal Panchayat constituted under any law for the time being in force.

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CHAPTER II

The Bangalore metropolitan region development authority

Constitution and incorporation of the Authority.-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 BMRD Authority.

The Authority shall be a body corporate having 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.

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The Authority shall consist of the following members, namely:-

The Chief Minister of Karnataka who shall be the Chairman; The Minister in charge of Urban Development who shall be the Vice-Chairman; The Mayor, city corporation The Divisional Commissioner, member Secretary The Secretary, F D, The Secretary, Housing and Urban D Dept.The Secretary, Commerce and Industries Dept, The Chairman, B W S Board; The Chairman, K H BThe Chairman, Karnataka Slum Clearance Board; The Chairman, Karnataka Electricity Board; The Chairman, KSRTC;The Director of Town Planning, Government of Karnataka; The Chief Conservator of Forests ….etc..

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Meetings of the Authority.

(1) The meetings of the Authority shall be assemble by the Metropolitan Commissioner and it shall ordinarily meet at least once in(3) three months at such place within the jurisdi’ction of the Authority and at such time as the Chairman may decide.

(3) The Chairman or the Vice-Chairman or if for any reason he is 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 vote.

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chairman

Member Secretary

Accounts

FDA

SDA

Typist

Driver

Group-D

Technical Admin

Deputy Director of Town & Country Planning

Asst. Director of Town & Country Planning

Town Planner

Asst. Town Planner

Members(Total Not Exceed Five)1.CEO of Local Authority2.Representative nominated by local Authority3. Representative of other local Authority within jurisdiction.

Member(3) Appointed by state Gov’t.

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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.

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CHAPTER III

POWERS AND FUNCTIONS OF THE AUTHORITY.Subject to the provisions of this Act and the rules made the re under 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 con-templated 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; (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.

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CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

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 authorized by the Authority. (2) The Authority may accept grants, sub-ventions, contributions, donations and gifts from the Central Government, 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.

Budget & Annual report.- The Authority shall prepare, every year, in such form and at such time as may be pres-cribed, an annual budget estimate in respect of the next financial year the Authority and shall submit a copy there of to the State Government.

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CHAPTER V

MISCELLANEOUS

{1}. Powers of entry.-

{2}. Directions by the Authority:-

{3}. Metropolitan Commissioner to attend meetings of, Corporation, BDA and BWSSB:-

{4}. Penalty for breach of the provisions of the Act:- {5}. Offences by companies:-

{6}. Fines realized to be credited to the Fund:-

{7}. Members and officers to be public servants:-

{8} . Protection of action taken in good faith:-

{9}. Power to delegate:-

{10}. Government's power to give directions to the Authority:-

{11}. Act to over-ride other laws:-

{12}. Power to make rules:-

{13}. Regulation:-

{14}. Amendment of the Karnataka Town and Country Planning Act, 1961:-

{15}. Outline development plan and comprehensive development :-

{16}. plan of Bangalore Metropolitan Region:-

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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 conferred undersub-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.)

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