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Part – IVA Bengaluruu, TUESDAY,,26,FEBRUARYY,2020 (Phalguna 7, ShakaaVarsha 1941))
No. 62
GOOVERNMENT OF KARNAATAKA
NNo: UDD 3 TTTP 2015 Karnataaka Governmeent Secretariat,
Vikasa Souddha,
Banggaluru, Date 25-02-2020
NOTTIFICATION
Wherreas the draft oof the Karnatakka Planning Auuthorities (Ameendment) Rulees, 2019 was published as reqquired
bby sub-sectionn (1) of section 74 read with ssection 18 and 18-A of the KKarnataka Townn and Country Planning Act, 1961,
((Karnataka Acct 11 of 1963), vide Notificattion No. UDD 03 TTP 2015, dated 20.02.2019 in Part IVV-A of the Karnnataka
GGazette dated 20.02.2019 innviting objectioons and suggesstions from alll persons likelyy to be affecteed within thirtyy days
ffrom the date oof its publicatioon in the Official Gazette.
And wwhereas, the saaid gazette wass made availablle to the publicc on 20.02.2019.
And wwhereas, the obbjections and ssuggestions recceived are conssidered by the SState Governmment;
Now, therefore, inn exercise of thhe powers connferred under ssection 74 readd with section 18 and 18-A of the
KKarnataka Towwn and Countrry Planning Acct, 1961, (Karnnataka Act 11 of 1963), the Government oof Karnataka hhereby
mmakes the folloowing Rules, nnamely;
RRULES
1. Title and commmencement.--(1) These RRules may bee called the Karnataka Pllanning Authoorities
((Amendment) Rules, 2019.
(2) TThey shall come into force from the date off their finall publicationn in the Offficial
Gazette.
2. Innsertion of new Rule 36A. - After Rule 36 of thhe Karnataka Planning Authhorities Rules, 1965
((hereinafter refferred to as saiid Rules) the foollowing shall bbe inserted, naamely:-
“36AA. Appeals unnder sub-sectiion (6) of secction 15 and sub-section ((6) of sectionn 17.- Any pperson
aaggrieved by tthe decision off the Authorityy under sub-secction (6) of secction 15 and suub-section (6) of section 17 of the
AAct, may appeeal to the Metroopolitan Commmissioner, Benngaluru Metroppolitan Region Development Authority in case of
BBengaluru Meetropolitan Reggion and the RRegional Commmissioner of cconcerned division (with techhnical supportt from
AAdditional Dirrector/ Joint DDirector of the concerned Zoonal/ Divisionaal office of thee Directorate oof Town & Coountry
PPlanning) for aareas other thann BMRDA reggion.
12
3. Amendment of Rule 37-A.- In Rule 37-A of the said Rules, for sub-rule (1) the following shall be
substituted, namely:-
"(1) For the purpose of sub-section (1) of section 18, the fee leviable by the Planning Authority shall be:-
(A) at the rates specified in the table below in case of grant of permission for change in the land use under
section 14A of the Act or development of land under section 17 of the Act namely,.-
TABLE-I
Percentage of Market value per Square meter of non agricultural land.
Sl. Local Planning Area and
No. Population
Residential Industrial Commercial Others
Local Planning Areas
0.5% subject to a 1% subject to a 1.5% subject to a 0.5% subject to a
within Bangalore
1. minimum of minimum of minimum of minimum of
Metropolitan Region
Rs.25/m² Rs. 37.5/m² Rs.62.5/m² Rs.25/m²
irrespective of population
Local Planning Area with
a population of ten lakh 0.5% subject to a 1% subject to a 1.5% subject to a 0.5% subject to a
2. and above minimum of minimum of minimum of minimum of
Rs.12.50 /m² Rs.20/m² Rs.25 /m² Rs.12.50/m²
Local Planning Area
0.5% subject to a 1% subject to a 1.5% subject to a 0.5% subject to a
with a population of one
3. minimum of minimum of minimum of minimum of
lakh and above but less
Rs.6.25/m² Rs.10/m² Rs.12.50 /m² Rs.6.25/m²
than ten lakh
Local Planning Area
0.5% subject to a 1% subject to a 1.5% subject to a 0.5% subject to a
with a population of fifty
4. minimum of minimum of minimum of minimum of Rs.
thousand and above but
Rs.4.00/m² Rs.6.00/m² Rs.7.50/m² 4.00/m²
less than one lakh
Local Planning Area
with a population of 0.5% subject to a 1% subject to a 1.5% subject to a 0.5% subject to a
5. twenty thousand and minimum of Rs. minimum of minimum of minimum of
above but less than fifty 2.50/m² Rs.4.00/m² Rs.5.00/m² Rs.2.50/m²
thousand
Local Planning Area 0.5% subject to a 1% subject to a 1.50% subject to 0.5% subject to a
6. with a population of less minimum of minimum of a minimum of minimum of
than twenty thousand Rs. 1.25/m² Rs. 2.00/m² Rs.2.50 /m² Rs.1.25/m²
Note.-
(i) The fee shall be collected for grant of permission for Change of land use or Development of land. If fee
has been collected for Change of Land use, the fee shall not be collected for Development of land.
(ii) “Market value” means the value determined as per the guidance value of land in accordance with section
45B of the Karnataka Stamp Act, 1957.
(iii) For the purpose of calculating fee, market value prevailing on the day of issue of fee notice shall be taken
into account.
(iv) In case of Bangalore Mysore Infrastructure Corridor Area Planning Authority.
a) for area falling within Bangalore and Bangalore Metropolitan region, fee shall be levied as in Sl. No.1
of the above table.
b) for area falling beyond Bangalore Metropolitan region, fee shall be levied as in Sl. No. 2 of the above
table.
(B) at the rates specified in the table below in the case of grant of permission for development under section
15 of the Act involving carrying out of building on the plot namely.-3
TABLE-II
Sl. Local Planning Area and Fee per Square meter of the sanctioned floor area inclusive of all the
No. Population floors in the building(s) (In Rs)
Residential Industrial Commercial Others
1. Local Planning Areas within
Bangalore Metropolitan Region
20.00 40.00 100.00 20.00
irrespective of population
2. Local Planning Area with a
population of ten lakh and above
15.00 30.00 45.00 15.00
3. Local Planning Area with a
population of one lakh and above 12.00 20.00 32.00 12.00
but less than ten lakh
4. Local Planning Area with a
population of fifty thousand and 08.00 16.00 20.00 08.00
above but less than one lakh
5. Local Planning Area with a
population of twenty thousand and 04.00 08.00 16.00 04.00
above but less than fifty thousand
6. Local Planning Area with a
population of less than twenty 02.00 04.00 8.00 02.00
thousand
Note: - In the above tables,-
(1) Other purpose includes charitable, religious and philanthropic institutions of nonprofit nature
such as old age homes, destitute homes and child-care centers, as the case may be and certified
by the Deputy Commissioners of Concerned Districts to be of nonprofit nature.
(2) Educational institutions, health institutions and any other public and semi-public buildings run by
private individuals and institutions are to be treated as commercial uses except those specified in
Note (1).
(3) In case of Bangalore Mysore Infrastructure Corridor Area Planning Authority.
a. for area falling within Bangalore and Bangalore Metropolitan region, fee shall be
levied as in Sl. No.1 of the above table.
b. for area falling beyond Bangalore Metropolitan region, fee shall be levied as in Sl. No.
2 of the above table.
(C) Utilization of the fee collected under sub rule (1) (A) and (B) of Rule 37-A:-
(i) The fee collected under sub rule (1) (A) of Rule 37-A shall be deposited in separate head of account of the Planning
Authorities and shall be utilized by the Planning Authorities as under.
(a) One third of such fee collected shall be utilized for acquisition of land reserved for parks and open spaces
and roads in the approved master plans.
(b) One third of such fee shall be utilized for general office administration, capacity building, office site
purchase, building construction, master plan preparation and revision including studies and surveys,
studies and surveys related to taking up any schemes, and may be utilized for (a) above.
(c) One third of the fee collected shall be utilized for Town Planning Schemes and any other schemes of the
Authority.4
(ii) The Planning Authority shall maintain the amount collected and the expenditure incurred under (a) (b) and (c) of
sub rule (C) above and submit account statement in accordance with Rule 21 of the Karnataka Planning Authority
Rules, 1965.
(iii) The fee collected under sub rule (1) (B) of Rule 37-A shall be deposited in separate head of account of the Local
Authorities and shall be utilized by the Local Authorities in accordance with the provisions of Karnataka Municipal
Corporation Act, 1976 or Karnataka Municipalities Act, 1964, as applicable.
(1A) Additional fee to be levied under section 18(1-A) for rejuvenation of lakes or tanks.-
(1) Under section 18(1-A) of the Act the additional fee to be levied by the planning authorities or local
authorities, as case may be, for granting permission for development of building or land under section 15 or 17, shall be
at the rates specified in the table below, namely,-
TABLE-III
Additional fee for grant of permission for approval of layouts or for Development involving carrying out of
building.
Sl. Fee per square meter of
Local Planning Area and Population
No. land/plot
1 Local Planning Areas within the Bangalore Rs.25/-
Metropolitan Region irrespective of population
2 Local Planning Area with a population of ten lakhs Rs.20/-
and above
3 Local Planning Area with a population of one lakh and Rs.15/-
above but less than ten lakhs
4 Local Planning Area with a population of fifty Rs.10/-
thousand and above but less than one lakh
5 Local Planning Area with a population of twenty Rs.5/-
thousand and above but less than fifty thousand
6 Local Planning Area with a population of less than Rs.3/-
twenty thousand
(2) The fee collected under sub rule (1A) of Rule 37-A shall be deposited in a separate head of account of the
Planning Authority or the Local Authority, as the case may be, and shall be utilized for the purpose of development and
rejuvenation of existing water bodies and formation of water bodies (tanks), rejuvenation of extinct kalyanis and public
wells within the Local Planning Area by the Planning Authorities.
(3) The fee collected under sub rule (1A) of Rule 37-A by the Local Authority shall be transferred to the
Planning Authority after retaining 5% of such fee collected as service charges.
NOTE-
(i) Fee shall be collected under this rule for approval under section 17 or section 15.
(ii) In case, if the approval is obtained under section 17, having paid the fees, approval under section 15 for the
same place is exempted from payment of the fees.
(iii) In case where fee has not been levied under the provision of section 18(1-A) while according permission
under section 17, fee at the rate prescribed above shall be levied while according permission under section
15 for the building site/plot area in such approved layouts.
4. Insertion of rule 37-C and 37-D.- In the said rules after rule 37B the following shall be inserted, namely:-
"37-C. Levy and Collection of and surcharge.- (1) The Planning Authority or the Local Authority as the
case may be shall levy development cess / surcharge of 0.2 % of the Market value of the plot or land for each of theR.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
5
sub- clauses (i) and (ii) and 0.1% of the Market value of plot or land for sub-clause (iii) and 0.5% for sub-clause (iv) of
sub-section (1) of section 18-A of the Act, while granting permission for development of land or building.
2) The cess and surcharge collected under sub-clause (i) (ii), (iii) and (iv) of sub section (1) of Section 18-A for
carrying out any water supply scheme; for the purpose of formation of ring roads; for the purpose of improving the
slums; for mass rapid transport system respectively shall be deposited in a separate public account of the Government of
Karnataka, separately for each Planning authority in the State.
3) The cess and surcharge collected by the Planning Authority/ Local Authority under sub clause (i), (iii) and
(iv) of sub section (1) of Section 18-A deposited in the public account as above shall be transferred to the concerned
Authority/ Agency. 5% of the cess & surcharges so collected by the Planning Authority / Local Authority under sub-
clauses (i), (iii) and (iv) of sub section (1) of section 18-A shall be remitted to the account of the Planning Authority/
Local Authority as service charge before transferring it to the respective agencies.
4) The surcharge collected by Planning Authority under sub- clause (ii) of sub section (1) of section 18-A and
deposited to the public account shall be transferred to the Planning Authority and utilized by the Planning Authority for
formation of Ring road. If surcharge under sub-clause (ii) of section 18-A has been collected by the Local Authority and
deposited to the public account, it shall be transferred to the Planning Authority after remitting 5% as service charge to
the account of the Local Body.
NOTE.-
(i) The cess and surcharges shall be collected for Development of land or building. If cess and surcharges
has been collected for Development of land, the cess and surcharges shall not be collected for
development of building.
(ii) Cess / Surcharge for sub-clause (iv) shall be collected in only such Planning Authorities wherein Mass
Rapid Transport System has been taken up for implementation.
(iii) “Market value” means the value determined as per the guidance value of land in accordance with
section 45B of the Karnataka Stamp Act, 1957.
The value shall be determined in accordance to the rates prescribed for the applicable land use
published under the Karnataka Stamp Act, 1957.
(iv) For the purpose of calculating cess and surcharges, market value prevailing on the day of issue of fee
notice shall be taken into account.
37D. Appeals under sub-section (1-A) of section 18 and 18-A.- Any person aggrieved by the levy of fee or
cess / surcharge under sub-section (1-A) of section 18 and 18-A of the Act, may appeal within ninety days from the
date of receipt of notice under sub-rule (2) of rule 37-A to the appellate authority shown in the table below.
TABLE-IV
Sl.
Appellate authority Jurisdiction
No.
1. Metropolitan Commissioner, Development Authorities and Planning
Bengaluru Metropolitan Region Authorities within Bengaluru Metropolitan
Development Authority Region
2 Regional Commissioner of concerned Urban Development Authorities, Planning
division. Authorities and Municipal Planning Authorities
of concerned division.
By Order and in the name of the
Governor of Karnataka,
(C S Shivakumaraswamy)
Under Secretary to Government,
Urban Development Department.
ಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು